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nam e 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 s uit, (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, othe rwise directs, a nd (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 und er 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 p laint, 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 1 963), 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 di rected 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 reco rded, 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). 101 (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 correct ing 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 reject ed 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 f orce 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 docum ent 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 pla int. (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 o ther 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 p laint. 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). 102 (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 b e 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 o f 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 Co urt, 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 allow ed 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 serv ice 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 AMENDMENT S 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 wr itten 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 an d 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 Reorgani sation (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 d efendant 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 docum ent 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). 103 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 re fresh 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. D enial 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 w hich 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 plain t, 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 plaintiffs valuation of the suit, he must state his reasons for doing so, and if he is able, give his own statement o f the value of the suit. ] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs) . After Rue 3, insert the following Rule, namely, - 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 r ule. (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.

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 dispu tes 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 Reorgani sation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18 -3-2020) and vide Union Territory of Ladakh Reorga nisation (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). 104 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 i s 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 othe rwise 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 judgme nt 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 Reorgani sation (Adaptatio n of Central Laws) Order, 20 20, 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, an d 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 t o 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 th e 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 bequeath s 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 neithe r 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 t he 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 th at 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 spec ified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23 -10-2015). 105 (d) A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs. 1,0 00. 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. 1,00 0. 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 th e 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 plead ing 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 natur e 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 sh all 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, a pply 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 counter claim, 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 pla intiff makes default in putting in a reply to the counter -claim made b y the defendant, the Court may pronounce judgment against the plain tiff 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 se veral 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 instit ution of the suit or the presentation of a written statement claiming a set -off 1[or counter -claim] may be raised by the defen dant 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). 106 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 present ing 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 sh all 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 Ru le 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 ord er for filing of the written statement. [Vide the Jammu and Kashmir Reorgani sation (Adaptatio n 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 ) Orde r, 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 de fendant 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 wher e 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 notwith

, 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 orde r 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 defend ants, 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). 107 (a) he has failed after using his best endeavours to discover the residence of the defendant, w ho 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 summo ns 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 su mmons 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 an d answer on the day fixed in the summons, the Co urt 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 h earing 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 th e 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. Decre e 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 dismi ssal 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, a nd 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 m ake 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 sha ll, 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 defend ant, 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 defendan ts, respectively who do not appear. 1. Subs. by Act 104 of 1976, s. 59, for cl. (a) (w.e.f 1 -2-1977). 108 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 fo r 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 defen dant 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 with drawn 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 sh all 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 t o 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 concil iation. 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 th e 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 plea der 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 a dded 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. b y 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). 109 13. Substance of examination to be written. The substance of the examination shall be reduced to writing by t he 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 unabl e 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 examinati on 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 delive r 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 admissi ble 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 admi ssions, 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 witho ut 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 in terrogatories. 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 o r 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 materi al at that stage, 4[or on the ground of privilege or any

or that the matters inquired into are not sufficiently materi al 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 unreasonabl y or vexatiously, or struck out on the ground that they are prolix, oppre ssive, 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. Interrogato ries 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). 110 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 circum stances 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 f urther. 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 oath s, 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, sha ll 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 d uring 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 bei ng 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 not ice 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 (i f 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). 111 18. Order for inspection. (1) Where the party served with notice rule 15 omits to give s uch 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 a s 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 ar e 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 applyin g 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 dispos ing 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, notw ithstanding 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 inspec t 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 so me 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 inspec tion 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 desir able 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 f resh 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. b y 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). 112 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, po ssession, 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 plaintiffs case; (c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only (i) for the cross -examination of the defendants 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 wi th 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, is suance 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 th e 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 sh all 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 p laintiff 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 circumst ances 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 plaintiffs 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 w ith the plaint. 113 (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 sai d 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

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 su pport of or adverse to the defendants defence; (c) nothing in this Rule shall apply to documents produced by the defendants and relevant only (i) for the cross -examination of the plaintiffs witnesses, (ii) in answer to any case set up by the plaintif f 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 documen t. (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, co ntrol 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 defendants power, possession, control or custody and not disclosed along with the written state ment 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 sh all 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 disclos e 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 deliv er 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 ad missible 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 th e day of filing of the said application, in deciding upon such application, the court shall take into account any 114 offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relatin g 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 su it 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 b een 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 Ap pendix 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 answe r 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 s ufficiency 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 inspec tion 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 d ays 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 applicat ion 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 115 their power, posses sion, 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 a dmitting 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 existe nce 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 shal l 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 t hat 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 or ders 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, p roduction 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 whe re 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. 116 (3) Where Electronic Records form part of documents disclosed, the declaratio n 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 elec tronic 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 comput er resource (including on external servers or cloud), details of ownership, custody and access to such data on the computer or computer resource; (g) deponents knowledge of contents and correctness of contents; (h) whether the computer or computer resourc e 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 origi nal 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. ] STATE AMENDM ENT Jammu and Kashmir and Ladakh (UTs). For Order XI of the Code, substitute the following Order, namely. 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, p ossession, 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 relev ant only (i) for the cross -examination of the defendants 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 execu tion, 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, 117 possession, control, or custody of the plaintiff, pertaining to the facts and circumstanc es 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

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 cou rt, 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 plaintiffs 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 -disclosur e 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 b y 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 i s in support of or adverse to the defendants defense; (c) nothing in this rule shall apply to documents produced by the defendants and relevant only (i) for the cross -examination of the plaintiffs witnesses; (ii) in answer to any case setup by the plain tiff 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 docum ent. (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), pertai ning 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, possess ion, 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 defendants 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 t o 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 exami nation of the opposite parties or anyone or more of such 118 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 d eliver 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 relat ing 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 s uit 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 A ppendix 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 an y 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 b e 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 applicatio n 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 interroga tories 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 fu rther, 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 wi thin 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 t o 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. 119 (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 copi es 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 cl ause (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 par ty 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 h as 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 adve rse 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 el ectronic 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. 120 (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 reco rd 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) deponents 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 r elying 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 ori ginal 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 Reorgani sation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18 -3-2020) and vide Union Terri tory of Ladakh Reorganisation (Adaptation of Central Laws ) Order, 2020, Notification No. S.O . 3774(E), dated (23-10-2020)]. ______ 121 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,] savi ng all exceptions;

1[to admit, within 2[seven] days from the date of service of the notice any document,] savi ng 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 noti ce 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 d eemed 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 unreasonabl y 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 moti on, 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, b y 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 admiss ion 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) Whe re admissions of fact have been made either in the pleading or othe rwise; 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 oth er 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 A ct 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 197 6, s. 62, for rule 6 (w.e.f 1 -2-1977). 122 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 evidenc ed 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 p roduce 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 settle ment 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 oth er 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 o f 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 f or 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 b ook 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 be half 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). 123 (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 t o 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 m entioned 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 b y 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 endorseme nt 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 sub ject 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 i s 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, com pared 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 u pon 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 s uit or proceeding, and inspect the same. (2) Every application made under this rule shall (unless the Court otherwi se 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 b y Act 4 of 2016, s. 16 and the Sch . (w.e.f. 23 -10-2015) . 124 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 wor d 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 judg ment 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 aft er 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 judg ment 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 o ther 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 po int 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 t he applicant relies; (d) the application must state the reason why there are no real prospects of succeeding on the

which t he 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 th e 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 additio n 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 125 (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 respond ent 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 identif y 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 summ ary 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 j udgment wishes to rely on documentary evidence in reply to the defendants 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 alread y 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 accordanc e 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 pro ceed 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 p ossible 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 f ollowing 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 pr ovide such surety for restitution of costs as the Court deems fit and proper; 126 (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 dee m 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 a n 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. Framin g 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 ar e 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 o f law the parties ar e 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 Cour t, 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 t he 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 ple aders 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). 127 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 p arties 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 s uch 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 subj ect 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 exe cuted 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 th e issue and state its finding or decision thereon in the same manner as if the iss ue 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 a t 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 judgme nt 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 t he 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 va lue by Act 4 of 2016, s. 16 and the Sch . (w.e.f. 23 -10-2015) . 128 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 fin ding 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 settlemen t 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, t he 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. ] STATE AMENDMENT Uttar Pradesh 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 m eans the entire gross amount, whether as rent or compensation for use and

by him to be due m eans 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 lessors 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 amo unt 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 lessors 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 129 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 ; 5. Striking off defense on non-deposit of admitted rent, etc.--(1) In any suit by a lessor for the eviction of a lessee from any immovable property after the 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 th e 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 repres entation 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 issu es 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 produc ed 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 evid ence 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 fo r parties and their advocates to address oral arguments. 3. Time limit for the completion of a tri al.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 b asis.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 -examinatio n of all the witnesses is complete. 130 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 decid e 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 Co urt 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 g ive 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, inad missible 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 t he 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) Notwit hstanding 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). 131 8. Consequences of non -compliance with orders. Where any party fails to comply with the order of the Court passed in a Case Management He aring, the Court shall have the power to (a) condone such non -compliance by payment of costs to the Court; (b) foreclose the non -compliant partys 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.] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs). Insertion of Order XV -A.After Order XV of the Code, insert the following Order, namely, - ORDER XV -A 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 la w 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 advo cates 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 t he 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 com plete. 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 s peedy 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 sufficien t reason to do so; 132 (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 wi tness 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 decisi on 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 rela ting 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 obj ective 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 con sequence 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 o f 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 th e 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. (

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 -examinatio n of witnesses, file written submissions, address oral arguments or make further arguments in the trial, as the case may be; or 133 (c) dismiss the plaint or allow the suit where such non -compliance is willful, repeated and the imposition of costs is not adequ ate to ensure compliance. [Vide the Jammu and Kashmir Reorgani sation (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, Notif ication 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 whi ch 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 obtainin g 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 thro ugh 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 s ub-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 charac ter 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 summo ns 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 th e 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 expe nses 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 p roperty 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). 134 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 atten dance 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 sum mons if he causes such document to be produced instead of attending person ally 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 evidenc e 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 effec t 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 t hereof 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 eff ecting 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 sum mons.] 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 re asonable 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 ce rtain words (w.e.f. 1 -2-1977). 135 10. Procedure wh ere 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, f ails 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 i f 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 avoi ded 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 immovab le 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 intentio nally 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 releas ed 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 h im 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, t o 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 prope rty 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). 136 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 attend ance 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, ca use 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 other wise directs, attend at each hearing until the suit has been disposed of. (2) On the applicat ion 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

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 com pliance 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 canno t, 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 a nd 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 certa in 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 st eamer 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 wher e 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 su it 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). 137 STATE AMENDMENT Uttar Pradesh Amendment of Order XVI. In the First Schedule, in Order XVI (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 (Amendmen t) 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 o rder, 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 mo re 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 expense s 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). 138 4. Power of State Government to exclude certain per sons 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 o r 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 person s. (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 tr ial 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 sta tement 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 presen t 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 commiss ion 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 se cured 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 exami nation 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 he aring 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). 139 (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 he aring 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 unle ss 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 par ty 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 t he 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 a ny 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 rig ht 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 t he 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 e vidence 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 s uch 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).

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). 140 (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[* * * * *] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs). In Rule 2, after sub -rule (3), insert the following sub -rules, namely: - (3A) A party shall, within four weeks prior t o 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 o f 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 shal l 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 Reorgani sation (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). 141 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 su ch 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 direct ed 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 an y 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 Commis sioner 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 Co urt 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 disput es 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). 142 (7) The Court may by general or special order fix the amount to be paid as remuneration for the services of the Com missioner. (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, a fter 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 Heari ng. (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 Reorgani sation (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 J udge. Where the evidence is not taken down in writing by the Judge, 4[or from his dictati on 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 Oud h, 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). 143 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 w ho 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 i s 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 evid ence 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 ans wer, 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 exa mination. 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 witnes s 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 a nother 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 be en 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

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 take n 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 p resence 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 (s ubject 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 (A mendment) 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 sha ll, 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). 144 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 containe d 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 Cou rt 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 authori sing the evidence of such witness to be given by affidavit. 2. Power to order attendance of d eponent 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 de ponent 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 interlocu tory 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 fr om documents, shall (unless the Court ot herwise directs) be paid by the party filing the same. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs). In Order XIX of the Code, after Rule 3, insert the following new rules, namely - 4. Court may control evide nce.(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, exc lude 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). 145 (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 m atters 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 dat es, 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 Reorgani sation (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 otherwi se 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 com ply 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 partys 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 o f 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 deponents 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). 146 (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 annexure s and page numbers of such d ocuments that are relied upon.] Amendment of Order XIX .In the Schedule, in Order XIX, in rule 1, for th e existing proviso, the following proviso shall be substituted, namely: -- Provided that if it appears to the Cou rt, 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 sh all 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 th e 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 d ay 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 Commer cial 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 judg ment 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 pronoun ced 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 writ ten, 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 c ommercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch . (w.e.f. 23 -10-2015). 147 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 ,

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 p leaders. 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 t he 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 registere d 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 proportio ns 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 sh all 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 an d 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 execu tion 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 o n 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 accorda nce 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 judgme nt 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 shal l 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 deliver y 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 ins talments. (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). 148 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 instal ments. 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 r ent. (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 fin al 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 whic h 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 clai ms 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 refe rred 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 provisio ns 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). 149 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 ef fect; 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 dis solution 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 o f 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, bef ore 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 tr uth 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 t he 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 inte rested 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 p arties 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 dec ree 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 wheth er 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 expen se. ______ 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). 150 (a) expenditure incurred for the giving of any notice requ ired 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 ma de 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 gi ve 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

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 pa yment 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 i s 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 und er 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 ac cept 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). 151 satisfaction of th e 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, af ter 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 judgm ent-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 recogni zed 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 Pre sidency 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 ce rtificates 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 sha ll 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 b een 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, s ub-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). 152 8. Execution of decree or order by Court to w hich 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 de cree 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 a mount 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 applicat ion 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) . 153 12. Application for attachment of movable property not in judgment -debtor s possession. Where an application is made for the attachment of any movable propert y 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. 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 cas e 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 Col lector, 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 re venue 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 pe rsons 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 sufficie nt 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 trans feree 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 bee n 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 propert y, 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). 154 provisionally (without prejudice to the right of the parties to have the amount finally decided in the course of the proceedings) t he 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 presen ted on the date when it was first presented. (3) Every amendment made under this rule shall be signed or initialled by the Judge. (4)

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 w hich 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 bet ween 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 rul e 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 pass ed 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 ag ainst 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 rul e. A, B, C, D and E are jointly and severally li able 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. 155 21. Simultaneous ex ecution. 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 receive r 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 prev ious 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 n otice 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 af ter 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 execu ted, 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 o n 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). 156 25. Endorsement on process. (1) The off icer 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 no t 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 c ause 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 the reto. (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 con dition 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, sh all 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 whic h 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 th at 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 de cree 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. Su bs. by s. 72, ibid, for six months (w.e.f. 1 -2-1977). 157 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 pa id 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. Dec ree 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, ha s 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 performanc e 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 decr ee 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 attachmen t 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 Cour t may award to the decree - holder such compens

attached property sold, such property may be sold; and out of the proceeds the Cour t 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 boun d 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 o r 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, i t 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 c ompensate 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 conj ugal 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 provi ded in this ru le.] (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. 158 make to the decree -holder such per iodical 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 w holly 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 t erms 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 documen t 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 s hall 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 de sires 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 prope rty.(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 an y 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 procla iming 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 necess ary 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). 159 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 s ome 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, w ith 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 dec ree-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 bri ng 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 jud gment -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 da y of each month. (4) The first payment shall be made to the proper officer of t he 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 ma de 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 i s 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. 160 (3) Upon the conclusion of the inquiry under sub -rule ( 1) the Court may, subject to the provisions of section 5 1 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 t he 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.] Attachment of property 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 (a) the judg ment-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 o r 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 judg ment-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 o ther than agricultural produce, in the possession of the judg ement -debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in

judg ement -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 respo nsible 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). 161 3[43A . Custody of mo vable 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 judgm ent-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, tho ugh 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 restorati on 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 per son, 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 arrang ements, 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 i n 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 permissio n 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 f or 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 w hich 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, 162 (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 c ase 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 m ay 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 jurisdictio n 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 Jud ge 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 hea ring 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 orde rs upon such 1. Ss. 46A to 46 -I ins. by Act 104 of 1976, s. 72 (w. e.f 1-2-1977). 163 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 applicatio n 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 rule s 46A to 46H (both inclusive) shall, so far as may be, apply in re lation 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 hi m 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 co mpany 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 Cou rts 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 othe r 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 a lready 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 f ull 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 Centr al Government or the Provincial Government may b y 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 t he may be. 164 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 i s 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

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 Governm ent 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 disbur sing 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 a llowances 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 particu lars 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 wit hin 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 p aid 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 unde r 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 acco unts 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). 165 (4) Every application for an order under sub -rule ( 2) shall be served on the judgment -debtor and on his partn ers 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 applica tion 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 ha s 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 be en 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 o f 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 a ny 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 i n 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 p roperty 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 fur ther 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 1 04 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). 166 (b) if the decree sought to be attached was passed by another Court, then by the issue to such other Court of a not ice 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 t he 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 C ourt 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 t he 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 repres entative 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 r eferred 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, whe re 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 attach ed 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 at tachment 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 ord er 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 t ake 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 c onspicuous 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 proper ty 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 resulti ng 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 r ule. 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). 167 56. Order for payment of coin or cu rrency 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 dec ree, 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 gi ve 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 attachme nt 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 b e 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 an d 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

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 orde r 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 dec ree. (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 adverti sed 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. [Cont inuance 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). 168 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 C ourt 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 de cree, 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 spec ify 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 i s 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 mate rial 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 n ot 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 valu e 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 hereinbe fore 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 pur pose 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 r elating 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 O fficial 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 p roclamation 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). 169 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 conse nt 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 proc lamation 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 adjou rned 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 (includ ing 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 t o 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 purch ase 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 of f 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 t hinks 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 other wise 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 sh all 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 thir ty 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). 170 (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 th reshing floor or place for trading out grain or the like or fodder -stack on or in w hich it is deposited : Provided that the Court may direct the sale to be held at the nearest pl ace of pub lic 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, w hatever 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 b e 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, i t 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 m ovable 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 irregula rity 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 pe rson is the purchaser) for the recovery of the specific property and for compensation in

for compensation or (if such other pe rson is the purchaser) for the recovery of the specific property and for compensation in default of such recovery). 79. Delivery of movable prope rty, debts and shares. (1) Where the property sold is movable property of which actual seizure has been made, i t shall be delivered to the purchaser. 171 (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 prohi biting 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 exce pt 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 part y. (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 orde r, 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 imm ovable 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 immovab le 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 sh all 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 abs olute 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 purch aser 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 rul e. 172 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 t he 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 b e 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 hereinbef ore 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, th e 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 pe rson 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 dec ree-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 publish ing 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 irregular ity 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 exe cution 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). 173 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 -unde r 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 (Amendme nt) 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 -debtors title by filing a suit against the auction - purchaser, the decre e-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 ex ecution 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 purchase r-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 prop erty 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 c ertificate 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 oc cupant by beat of drum or other customary mode, at some convenient place, that the interest of the judgment - debtor has been transferred to the pu rchaser. Resistance of delivery of possession to decree -holder or purchaser 97. Resistance or obstruction to po ssession 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, h e 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 -7-2002) . 5. Ins. by Act 104 of 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). 174 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 direc ting 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 resist ance 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 p

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 sha ll 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 h is 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 th e 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 circumstance s 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 represe ntatives, 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 l aw 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 trans fer 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 proceedi ng 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, befor e 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). 175 (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 par te 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 s ub-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 cau se 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, t he notice was not duly served, within thirty days from the date when applicant had knowledge of the order.] STATE AMENDMENT Uttar Pradesh 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 die s, 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 instanc e 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 surviv e 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 die s 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 represen tative 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 l aw no application is made under sub -rule ( 1), the suit shall abate as against the deceased defendant. 176 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 ha s 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 d efendant under this rule within the period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, ab ated, and (b) the plaintiff applies after the expiry of the period specified therefore in the Limitation Act, 1963 (36 of 196 3), 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 Administrat or-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 giv en 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 eviden ce, 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 notwithsta nding 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 th e 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). 177 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 decre e. 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 conti nue 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 receiv er 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 awar ding to the defendant the costs which he has incurred in defending the same to be proved as a debt against the pla intiffs estate. 9. Effect of abatement or dismissal .(1) Where a suit abates or is di smissed 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 dismiss al; 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 ha d 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

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 suc h 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 Withdraw al 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 wh ere 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). 178 (2) An application for leave under the provi so 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 bene fit 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 sui t 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 p recluded 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 defenda nts.] 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 t he subject - matter of the agreement, com promise 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 un der 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 agree ment 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). 179 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 famil y, (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 s uit, 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 Cou rt 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 su it 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 th ey 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 s tatement 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 satisf action 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. ORDE R 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). 180 recorded, to give withi n 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 plai ntiffs 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 Ind ia 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 o f 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 re corded, 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 inf irmity of any person, without calling the me dical 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 ju risdiction 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). 181 (c) 1[any person in the service of the Government] who cannot in the opinion of the Court, attend without detriment to t he 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 fur ther 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 loc al 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 itsel f 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 expedit ious 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

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 per son 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 th ereto. 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. W hen 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 inf irmity 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 detri ment 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 fo r 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 s uch 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 10 4 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. 182 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 Commiss ioner, 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 th e Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further inqu iry 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 ex pedient 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 rel ation 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 pe rson 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 Commissione r 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 convenientl y 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 t o 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 accorda nce 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 suc h 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 inqu iry as it shall think fit. 1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1 -2-1977). 183 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 suc h 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 commissio ner 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 di rected 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 s et 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 s uch 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 Commission er 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 situ ate 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. 184 1[Provided that when the Commissioner is not a Judge of a Civil Court, he shall not be competent to impo se 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 wit ness 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 proc eed 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 extendin g 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 ev idence 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 commissi on 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 o f 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 r esides 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. 185 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

A, 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 o r 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 resp ect 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 proce ss.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 Gove rnment] 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 offic er 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 arrivi ng 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 c onsistently 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 jur isdiction . 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 again st 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 plea der 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). 186 (2) If, in any such suit or proceeding, at any stage, it appears to the court that there is a reasona ble 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 po wer 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 Govern ment] 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 defend ant is a public officer and, on receivi ng the summons, considers it proper to make a reference to the Government before answering the pla int, 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 receiv e 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 aga inst 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 s uits. (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 s hall 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 pl eader. 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. 187 (b) after rule 9, as inserted by the Allahabad High Court, the followin g 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 validi ty 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,] i s 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 mention ed 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 ques tion 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 qu estion 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 relatin g 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 defend ant 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 necessar y 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 Governm ent 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, f or substantial question o f 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 o r any Order -in-Council made thereunder. 8. Subs. by the A.O. 1950, for in sub -section ( 1) of section 205 of the Governm ent 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). 188 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 ste ad. (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 offi cer, 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 shal l be filed in Court. (3) When so filed the countersignature shall

the authority, which shal l 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[, sail or] 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. 189 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 d irector, 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. Po wer 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 que stions relating to the suit. STATE AMENDMENT Uttar Pradesh 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 car rying 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 whi ch 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 ac tion, partners in such firm, to be furnished and verified in such manner as the Court may direct. (2) Where persons sue or ar e 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 o r 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 b y 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 nam es 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 proceedi ngs 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 ar e sued as partners in the name of their firm, the summons s hall 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 bus iness, 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 . 190 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 ar e within or without 2[India]: Provided that, in the case of a partnership which has been dissolved to the knowl edge 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 Ind ian 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 partne rs.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 ti me 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 tim e, 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 sha ll 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 suc h 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). 191 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 pro perty 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 no t 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 administrato rs, they shall all be made parties to a suit against one or more of them: Provided that the executors who have not proved their testators will, and trustees, executors and administrators outside 1[India], need not be made parties. 3. Husband of married ex ecutrix 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 o f 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 app lication 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 o f 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 C ourt 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 p roper 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). 192 (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

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 retiremen t, 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 pre judice 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 fr om 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 gua rdian 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 appo inted 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 perform ance 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 gi ve 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 n ext 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 1 6 of 1937 , s. 2. 4. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1 -2-1977). 193 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 mo ney 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 referen ce 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 b y 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 prec lude 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 app ointment 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 ad verse to that of the minor or where he is so connected with a defend ant 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 pend ency 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 defend ant for his removal; and the Court, if satisfied of the sufficiency of the cause assigned, may order the ne xt 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 o r 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 194 10. Stay of proceedings on removal, etc., of next friend. (1) On the retirement, removal or death of the next f riend 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 m inor 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 do es 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 b y 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 app lication 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 rul e 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 pa id 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 impr opriety, 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 C ourt on enquiry to be incapable, by reason of any mental infirmity, of protecting their interest when s uing being sued.] 1. Subs. by Act 104 of 1976, s. 79, for rule 15 (w.e.f. 1 -2-1977). 195 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 t ime 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 f amily, 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 effec t 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 Or der 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

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 pr oceeding, 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 th e 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 assis ting 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 alle ged 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). 196 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 o r 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 ma intained 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, a ncestor 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 p rovisions 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 follo wing 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 poss essed 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 t he 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 t he 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 ver ified 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). 197 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 whic h 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 re ject 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 be fore 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 dispos ed 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 applicants 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 re cord 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 mat ters 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 app licant 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 Ou dh, 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). 198 (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 s hall 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 ple ader, 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, assi gn 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 o f 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 cha rge, 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) bec ause 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) cha rgeable 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 Ac t 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. 199 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 1

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 un der 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 reven ue.] 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] sh all be a bar to any subsequent application of the like nature by him in respect of the sa me 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 rejecte d 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 appl icant 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 in stituted 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 plaintif f 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 Ac t 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 Sch edule . 6. Subs. by Act 104 of 197 6, s. 81 , for pauper (w.e.f. 1 -2-1977). 7. Ins. by s. 81, ibid. (w.e.f. .1 -2-1977). 200 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 b e 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 re spect 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 w ithin 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 adjud ged 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 app oints, 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 cla iming 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 pr eliminary 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 b e 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 th e 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 derivin g 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. 201 (a) ordering the plaintiff to deliver up t he 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 po ssession 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 defenda nt 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 m entioned 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, toge ther 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 subsequen t 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 pos session 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. 202 Where such deposit has been made, the purchaser shall be entitled to a n 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 plaintif f 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 su it 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 pro perty 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 defendan t 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 w ith 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 t he 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

lared 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, c harges 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 d ate 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 mo rtgage 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 d ecree 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). 203 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 t he 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 p urchase -money paid into Court by the purchaser. Where such deposit has been made, the purchaser s hall 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 pay ment 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 de barred from all right to redeem the mortgaged property and, also, if necessary, ordering the plaintiff to put the defendant in possession of the mort gaged property; or (b) in the case of any other mortgage, not being a usufructuary mortgage, pass final de cree 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] ar e found insu fficient to pay the amount due to the def endant , 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 be en 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 adjustin g 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 t he 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. 204 1[Provided that where the mortgagor, before or at the time o f 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 mortga ge,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. S ale of property su bject 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 mo rtgagee 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 inc urred 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 con sequence 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 cl ause (b) (w.e.f. 1 -1-1957). 205 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 c laim 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 i n 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; a nd (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 s o 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 liabil ity 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 t he 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 pa rties 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). 3. Ins. by s. 82, ibid. (w.e.f. 1 -2-1977). 206 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 Cs 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 plaintiffs 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 st ate case for Courts 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 consecutiv ely 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 registere d 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 ot hers 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 Courts 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. b y s. 83, ibid., for it was presented (w.e.f. 1 -2.1977). 207 (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 follo w. 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 C ourts, 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 t his 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 whi ch 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 plainti ff 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 clai med 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 dee med 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). 208 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 b y 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 d efendant (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 o f 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 plaintiffs 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 ma y 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 m ay, 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 ma y 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 t he 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 an d 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 th e 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 C ourt 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 or der 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). 209 with an officer of the Court, and may further order that all procee dings 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 b y 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 securi ty 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 jurisdicti on 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 no t 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 sha ll 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 ord ered 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

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 . 210 (3) On the appearance of the defendant in pursuance of the summons or warrant, or on his voluntary surrender, the Cou rt 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 und er 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, t hat 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 loc al 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 r equired 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 pro visions 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 atta chment 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). 211 10. Attachment before judgment not to aff ect 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 applicab le to an attachment made in execution of a decree shall, so f ar 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 dism issed 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 Or der 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 no t to atta ch 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 dec ree, 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 prope rty 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 contra ct 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). 212 (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. Conseq uence 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 atta ched 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 th at, 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 applic ant (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 th e 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 affida vit 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 endeav our 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 recorde d, 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). 213 5. Injection to corp oration binding on its officer. An injunction directed to a corporation is bindi ng 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 orde r 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 m ay, 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 observa tion 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 t his 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 mad e 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 th ereof 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 o f 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 claimi ng to have an interest in such land or tenure may , upon payment of the revenue or rent due previously

party to the suit claimi ng 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 defaul ter 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 su it. 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. STATE AMENDMENT Uttar Pradesh 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 plaintif f omitted by s. 86, ibid. (w.e.f. 1 -2-1977). 214 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) to restrain any election, or (f) 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 su it 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 R ECEIVERS 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 th e 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 au thorise 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. 215 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 f orm 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 receivers 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 b e 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 pro perty 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 o f 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 an d 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 payme nt 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 s hall 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 amend ment. 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). 216 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 appell ant 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 r espondent 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 p roceeds 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 defendant s 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 ther efrom, 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 substantia l 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) Wher e 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 ha s 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). 217 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 s uch 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 o n 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. Registr y 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 sha ll 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

, 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 residin g 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 t he 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 n otified 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 b e drawn up in accordance with the judgment.] 2[11A. Time within which hearing under rule 11 shou ld 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 fr om 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 b usiness 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 o rder 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). 218 14. Publication and service of notice of day for hearing appe al.(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 plea der 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 s uch 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 fir st 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 resp ondent does not appear, the appeal shall be heard ex parte. 18. [Dismissal of appeal where notice not served in consequence of appellants 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 preven ted 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 dire ct 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). 219 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 j udgment 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 cal led 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 no t 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 Ap pellate Court may se e 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 appli cable 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 an y 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 ju dgment 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 origin al 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 app eal 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). 220 judgment of the Court from whose decree the appeal is p referred 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 p referred 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 toget her 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 sha ll 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 s hall 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 Appella te 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 s uch 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 a llowed to be produced, the Appellate Court may either take such evidence, or direct the Court from whose d ecree the appeal is pre

to be produced, the Appellate Court may either take such evidence, or direct the Court from whose d ecree the appeal is preferred, or any other subordinate Court, to take such evidence and to send it when ta ken to the Appe llate Co urt. 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 co nfined, 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 re ference 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). 221 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 o f 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 thereo n; (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 there in. 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 fu rther 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. Decr ee 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 respon dent, 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 brou ght 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 exer cise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. 4 of 1925), s. 16( 3). 222 (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 shal l 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 applicat ion 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 DECRE ES 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 appel lant 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 XL I.Reference in sub -rule ( 4) of rule 14 of Order XLI to the Court of first instance shal l, 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 t he 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 b y s. 89, ibid, (w.e.f. 1-2-1977). 223 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 i n 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 indigen t 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 ag ainst 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 m ade 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 comprom ise 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 XL IV 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 presentat ion 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 rul e 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). 224 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 indigen t 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 indigen t 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 orde rs of the Appellate Court, by an officer of th at 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

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 dire ct 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 certificat e is granted, the applicant shall, within 6[ninety days or such further period , not exceeding sixty days, as the Court may upon cause sh own 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 Ma jesty in Council. 225 (3) accounts, or porti ons 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 th e 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 oppos ite 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 su it 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 serv ed 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 subseq uent 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 Co urt], 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, o r 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 s hall 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. 226 12. Refund of balance deposit. When the copy of the record, except as afor esaid, 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 d ecree 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 prope rty 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 t he execution of the decree appealed from, taking such security from the appellant as the Court thinks fit for the due performan ce 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 direc tion 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, accompan ied by a ce rtified 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 p assed 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 require d 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. 227 1[(4) 2[Unless the Supreme Court otherwise dir ects, 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 fr om 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 relatin g 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 o ral 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 appe al 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 C ourt trying the suit or appeal, or executing the decree , entertains reasonabl e doubt, the Court may, either of its own motion or on the ap plication of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertain ed, 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 cont ingent 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 dispo sed 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 i s pleased otherwise to direct , no order of His Majesty in Council. 3. Subs., ibid., for order. 4. Subs., ibid., for His Majesty in Council. 228 and shall transmit a copy of its judgment , under the signature of the Registrar, to the Court by which the reference wa s 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. 4. Cost of reference to High Court. The costs (if any) consequent on a reference for the decision of the High Court shal l 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 al ter, 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 Co urt 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 w hich 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 receivi ng 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 Cause s 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 fo r considering the opinion of the Subordinate Court with respect to the nature of the suit to be erroneous. (2) On receiving th e record and statement the High Court may make such order in the case as it thinks fit. (3) With respect to any proceedings subseq uent 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 D istrict 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 obt ain 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. 229 (2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstandi ng 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[Explanatio n.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 wh om 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 fo r 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 shoul d 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 all egation. 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 s hall 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 i n 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) unl ess 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 th e 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). 230 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 ch argeable 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 ma nner 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 COUR TS 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 intesta te 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. Savin g 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 evidenc e) 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 constitu ted 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. 231 said Act or Law] 1[or to Courts in 2[any part of India to wh ich 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 exe cution 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. STATE AMENDMENT Uttar Pradesh 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 th e pronouncement at once of judgment, the words as figures Order XV, excep t 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 Calcutt a, 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. 232 APPENDIX A PLEADINGS (1) Titles of Suits IN THE COURT OF . ............................................................................................... A.B. (add description and residence )..................................... ................................................ Plaintiff against C.D. (add description and residence) .................................................................................... Defendant (2) Description of parties in particular Cases 1[The Unio n 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 residen ce), 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. (ad d 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 residenc e). A. B. (add description and residence ), Shebait of Thakur. A. B. (add description and residence ), executor of C. D. deceased. A. B. (

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. 233 (3) Plaints No. 1 MONEY LENT (Title) A. B., the abo ve named plaintiff, states as follows: 1. On theday of.. 20., he lent the defendant ..rupees repayable on theday 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 jurisdict ion.] 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 claimsrupees, with inter est atper cent. from theday of . 20. No. 2 MONEY OVERPAID (Title) A. B., the above named plaintiff, states as follows: 1. On theday of .20, the plaintiff agreed to buy and the defendant agreed to sell..bars of silver atannas per tola of fine silver. 2. The plaintiff procured the sa id 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 tola s 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 theday 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 theday 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 ]. 234 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, p laintiff 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 (Title) A. B., the above named plaintiff, states as follows: 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 n ot accepted the goods or paid for them. [As in paras . 4 and 5 of Form No. 1, and Relief claimed .] No. 6 DEFICIENCY UPON A RE -SALE [GOODS SOLD AT AUCTION ] (Title) A. B., the above named plaintiff, states as follows: 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 theday of 20, the plaintiff re -sold the [ crate of crockery ], on account of the defendant, by public auction, for..rupees. 6. The expenses attendant upo n 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. ] 235 No. 7 SERVICES AT A REASONABLE RATE (Title) A. B., the above named plaintiff, s tates 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 worthrupees. 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 plaintif f, states as follows: 1. On theday 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 exec utor 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 c laimed. ] 236 No. 11 ON A FOREIGN JUDGMENT (Title ) A. B., the above -named plaintiff, states as follows: 1. On theday 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 plaintiffrupees, 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 ofrupees, payable [monthly]. 2. The defendant agreed, in consideration of the letting of the premises to E.F, to gurantee the punctual payment o f 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 notic e 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 p laintiff, 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 theday of 20.., the plaintiff and defendant mutually agreed that the plaint iff 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 d efendant 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. ] 237 No. 14 NOT DELIVERING GOODS SOLD (Title) A. B., the above -named plaintiff, states as follows: 1. On theday 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 sho uld 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 deprive d 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 theday of 20....., the p laintiff 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 w hereof 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 rel ief claimed. ] No. 16 BREACH OF CONTRACT TO SERVE (Title) A. B., the above -named plaintiff, states as follows: 1. On theday 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 def endant (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. ] 238 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 contra ct.] [

into an agreement, and the original document is hereto annexed. [ Or state the tenor of the contra ct.] [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 theday of.. 20......... , the plaintiff took E.F. into his employment as a clerk. 2. In consideration thereof, on theday of. 20, the def endant 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 exceedingrupees. [Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the plaintiff the penal sum ofrupees, subject s 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 Relie f claimed. ] No. 19 BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE (Title) A. B., the above -named plaintiff, states as follows: 1. On theday of 20..., the defendant, by a registered instrument, let to the plaintiff [the house No..Street] for the te rm of..years, contracting with the plaintiff, that he, the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term. 2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain this suit. 3. On theday 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 [preven ted 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. ] 239 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 mutu ally 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 perform ed 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 fir m 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 PROPER TY BY FRAUD (Title) A. B., the above -named plaintiff, states as follows: 1. On the ............... day of ........... .......20.. , the defendant, for the purpose of in ducing 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 the n known by the defendant to be so. 4. The defendant has not paid for the goods, [ Or, if the goods were not delivered. ] The plaintiff, in preparing and shipping the goods and procuring their restoration, expended .............. rupees. [As in paras. 4 and 5 o f Form No. 1, and Relief claimed. ] No. 22 FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON (Title) A. B., the above -named plaintiff, states as follows: 1. On the..........day of................. 20......, the defendant, represented to the pla intiff 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 w as 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 plaintif f [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 c laimed .] 240 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 with out 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 vap ours and noxious matter, which spread themselves over and u pon 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 plaintif f 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, st ates 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 plain tiff 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. ] 241 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 s aid 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 claim ed.] 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, wrongfu lly 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 d ay. [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, possesse d 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. ] 242 [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 defendants railway which the plai ntiff 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 pl aintiff 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 oclock in the aft ernoon. 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, dr awn by two horses under the charge and control of the defendant'

further side thereof, a carriage of the defendant's, dr awn 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 k nocked 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 PROSECUT ION (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 plainti ff 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 ar e 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 ]. 243 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 th e 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. [As in Paras 4 and 5 of Form No. 1. ] 6. 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. 33 AGAINST A FRAUDULENT PURCHARER AND H IS 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 fal se, and were then k nown 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 rep resentation]. 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 plain tiff, 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, t he plaintiff paid the defendant rupees as part of the purchase money. 244 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 del ivered 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 jurisdict ion.] 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 permi tting 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 wa s, 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 v alue 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 nuisan ce. 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 t he 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 . 245 [As in paras . 4 and 5 of Form No . 1] 5. The plainti ff 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 d efendant 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 herein after 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 sa me. 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 [pain ting] . [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 propert y other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct. 246 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 t o 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. No. 41 ADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER CREDITORS (Title ) A. B., the above -named plaintiff, states as follows: 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 natu re 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 ADMINISTR ATION 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 commen cement 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. 247 No. 43 ADMINISTRATION BY PECUNIARY LEGATEE (Title) [Alter Form No. 41 thus] [Omit paragraph 1 and

ARY 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 execu tor, 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..b y 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 def endant 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 purpo se to have all proper directions given and account s 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 a n 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. ] 248 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 wi ll 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 mode lled 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 bala nce]. 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). 249 (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 specifi cally 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 absolute ly 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 w illing 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 th e agreement ]; (2). rupees compensation for withholding the same. 1. Ins. by Act 104 of 1976, s. 93 (w.e.f. 1 -2-1977). 250 No. 49 PARTNERSHIP (Title) A.B., the above -named plaintiff, states as follows: 1. He and C.D., the defend ant, have been for...................... years [or months] past carrying on bus iness 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 bu siness in partnership with advantage to the partners, [ Or the defendant has committed the following breaches of the partnership articles: (1) (2) (3) .] [As in paras . 4 and 5 of Form No. 1. ] 5. The plaintiff claims (1) dissolution of the partner ship; (2) that accounts be taken; (3) that a receiver be appointed . (N.B.In suits for the winding -up of any partnership, omit the claim for dissolution; and instead insert a paragraph stating the fact s of the partnership having been dissolved ). (4) WRITTE N STATEMENTS General Defences Denial The defendant denies that ( set out facts ). The defendant does not admit that ( set out facts ). The defendant admits thatbut 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 bu t 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 Sched ule 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 di scharge 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 t he time of making the alleged contract. 1. See now the Limitation Act, 19 63 (36 of 19 63). 251 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 plaintif f'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 def ence subsequent to institution of suit Since the institution of the suit, that is to say, on the...................... day of.................................. (set out facts). No. 1 DEFENCE IN SUITS FOR GOODS SOL D AND DELIVERED 1. The defendant did not or der the goods. 2. The goods were not delivered to the defendant. 3. The price was not Rs. [or] 4. 1. 5. Except as to Rs. , same as 2. 6. 3. 7. the defendant [or A. B ., the defendant's agent] satisfied the claim by payment before su it to 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 mone y 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 200 252 2. As to the whole [ or as to Rs.................. .... , part of the money claimed ] the defendant made tender

52 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 defenda nt 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 carr iages and horses and the person under whose charge and control the said carriage was, was the s ervant 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 statem ents 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 INFRI NGEMENT 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 INFRI NGEMENT OF TRADE MARK 1. The trade mark is not the plaintiffs . 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 plaintiffs lights are not ancient [ or deny his other alleged prescriptive rights] . 2. The plaintiffs lights will not be materially interfer ed with by the defendants buildings. 3. The defendant denies that he or his servants pollute the water [ or do what is complained of]. 253 [If the defendant claims the right by prescription or otherwise to do what is complained of , he must say so, and must sta te 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 comp laint. 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., limit ation 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 artic le................................................of the Second Schedule to the 1Indian Limitation Act, 1877 (15 of 1877). 4. The following payment have been made , viz, : (Insert date) Rs. 1,000 (Insert date) 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 re nts 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). 254 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 defendan t is bound to accept by reason of the following matter (State why). 6. The agreement is uncertain in the following respects (State them). 7. (or) The plaintiff has been guilty of delay. 8. (or) The plaintiff has been guilty of fraud ( or misrepresentation). 9. (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 damag es 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, frau d, etc.) No. 14 DEFENCE IN ADMINISTRATION SUIT BY PECUNIARY LEGATEE 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 defend ant 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 FOR M 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 t ime 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 L imitation Act, 1963 (36 of 1963). 2. See now the Indian Succession Act, 1925 (39 of 1925). 255 5. The decea sed 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, 1 873, 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, dat ed 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). 256 APPENDIX B PROCESS No. 1. SUMMONS FOR DISPOSAL OF SUIT (O. 5, rr.1.5.) (Title ) To ......................................... [Name, description and place of residen ce.] WH E R E A S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 sh all be accompanied by some person; able to answer all such questions, ............... on................. the............................. ...........day ................. of........................ 20............. ....., at........................................ .Oclock 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 e vidence 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 Judge 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 product ion 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 e xecution of the decree, which may be against your person or property, or both. 257 No. 2 SUMMONS FOR SETTLEMENT OF ISSUES (O. 5, rr.1. 5.) (Title ) To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [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 shal l 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; 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 coun terclaim, 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]. 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 ........... Judge. NOTICE 1. Should you apprehend your witnesses will not at tend 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 e xpenses. 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. No. 3 SUMMONS TO APPEAR IN PERSON (O. 5, r. 3.) (Title ) To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence. ] WH E R E A S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for...............you are hereby summoned to appear in this Court in person on the .............................. day of ...................... 20........................................at Oclock 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

on, 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. 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). 258 1[No. 4 SUMMONS IN A SUMMARY SUIT (O. 37, r. 2) (Title) To. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name description and place of residen ce.] 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 Co urt 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 XYZ Plaintiff Versus ABC Defendant Upon reading the affidavit of the plaintiff the Court makes the following order, namely : Let all parties concerned attend the C ourt or Judge, as the case may be, on the .....................day of .................. 20 , at .. ........................ Oclock 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....................an d for interest and costs. Date the ......................day of.................. 20 .] 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). 259 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 agai nst.........................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 Judge. No. 6 SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT (O. 22, r. 4) (Title) To 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....... , at . 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. Given under my hand and the seal of the Court, this ................. day of ...................... 20 Judge. 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 ................................ ................................ ................................ defendant in the above suit is at present residi ng in........................... ............................... witness It is ordered that a summons returnable on the .................... day of ........................... 20....... , be forwarded to the ..............Court of ................for servic e on the said defendant /witness ............ with a duplicate of this proceeding. 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 . 260 No. 8 ORDER FOR TRANSMISSION OF SUMMIONS TO BE SER VED ON A PRISONER (o. 5, r. 25.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Superintend ent 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 thereo n by you. Judge. No. 9 ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER (O. 5, rr. 27, 28.) (Title) To UNDER the provisions of Order V, rule 27 ( or 28, as the case may be ), of the Code of Civil Procedure, 1908, a summons in dup licate is herewith forwarded for service on the defendant . who is stated to be serving under you. You are requested to cause a copy of the said su mmons to be served upon the said defendant and to return the original to this Court signed by the said def endant, with a statement of service endorsed thereon by you. Judge. 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 Serv ing 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. 261 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 affirm 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 personal ly known to me, and I served the said Summons notice him On the ..........day of........ 20........, at about.................... Oclock in the ................ her ................noon at........... ...........by tendering a copy thereof to him and requiring her His her Signature to the original notice (a) (b) (a) Here state whether the person served sig ned 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..... summon s notice on Him on the ......................day of................... 20......., at about...............oclock in the.......... her noo n at.....by tendering a copy thereof to him and req uiring him Signature to the original summon her her 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.......................oclock in the...............no on , I did not find the said.................... (a) 262 (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. Sworn 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 C ourt, this ......................... day of ............... 20....... Judge. 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 [pers onally] to appear before this Court on the................................... day of ............ 20..........., at.................... Oclock in the forenoon, and to bring with you [ or to send to this Court]. 263 A sum of Rs ................, being your trav elling 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 sum moned only to produce a document and not to give evidence, you shall be deemed t o have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.

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 R s........................................will be tendered to you for each da y'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 man ner 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 WHEREA S 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. 264 No. 16 WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10.) (Title) To 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, appe ared 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) To 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 ar e 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 r eason why it has not been executed. Given under my hand and the seal of the Court, this................... day of............................. 20 Judge. 265 No. 18 WARANT OF COMMITTAL (O. 16, r. 16) (Title) To 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 and whereas 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 othe r day or days as may be hereafter ordered. GIVEN under my hand and the seal of the Court, this ................... day of ............... 20 ............ Judge. No. 19 WARRANT OF COMMITTAL (O 16, r. 18) 1 (Title ) To The Officer in charge of the Jail at ................................ .. WHEREAS ........................... , whose attenda nce 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...................ca nnot give such evidence (or produce such document); and whereas the Court has called upon the said to..................to - give security for his appearance on the.............................day 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 GIVEN under my hand and the s eal of the Court, this day of 20 Judge. 266 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 interrogat ories 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 ans wer 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 groun ds 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 i n his possession or power relating to the matter in question in this suit, and that the costs of this application be . 267 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 docum ent, 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 hearingand upon reading the affidavit of.. filed the day of 20; It is ordered that the..do, at all reasonabl e times, on reasonable notice, produce at. , situate at ., the following documents, namely,, and that thebe 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 theday of . 20 ]. [Describe documents required .] X. Y, pleader for the.. 268 To Z., pleader for the.. No. 8 NOTICE TO INSPECT DOCUME NTS (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 Of.. 20.. [ except the documents numbered .in that notice ins ert place of inspection] on Thursday next, th e instant, between the hours of 12 and 4 Oclock. 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 DOCUMENT S (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... atonbetween 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 respective ly 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 ar e 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 speci fy 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 su ch 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. 269 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, savi ng 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

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 Qualificatio ns or limitations, if any, subject to which they are admitted 1. That M. died on the 1st January, 1890.. 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 defe ndant [or plaintiff ]. 270 APPENDIX D DECREES No. 1 DECREE IN ORIGINAL SUIT (O. 20, rr. 6,7.) (Title) Claim for ............................................................................................................................. ........... THIS suit c oming 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... Judge. Costs of Suit Plaintiff Defendant Rs. A. P. Rs. A. P. 1. Stamp for plaint.. Stamp for power ... 2. Do . for power Do. for petition 3. Do . for exhibits. Pleaders fee. 4. Pleaders fee on Rs. ...... Subsistence for witnesses 5. Subsistence for witnesses.. Service of process. 6. Commissioners fee Commissioners fee.. 7. Service of process.. 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 an d 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. 271 Costs of Suit Plaintiff Defendant Rs. A. P. Rs. A. P. 1. Stamp for plaint.............. 2. Do. for power............. 3. Do. for exhibit........... 4. Pleader's fee on Rs............ 5. Subsistence for witnesses........ 6. Commissioners fee.......... 7. Service of process.............. Total Stamp for power ...... 2. Do. for power............. 3. Do. for exhibit........... Do. for petition ....... 3. Do. for e xhibit........... Pleaders fee ......... 4. Pleader's fee on Rs............ Subsistence for witnesses 5. Subsistence for witnesses........ Service of process ... 6. Commissioners fee.......... Commissioners ..... 7. Service of process.............. Total 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 h ereby 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 t his 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. 272 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 recei ved, 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 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 XXX IV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or pow er 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 prope rty 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 t he 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 p roperty ] 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 o n 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 p rincipal, 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 c osts 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 late r 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. 273 (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 o f 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 XXXI V 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 sh all, 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 what soever 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 plaintif f 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 proper ty]. 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 d ecreed 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 comput ed 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

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 o ther 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. 274 (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 pri ncipal, 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 pro perty 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 un der clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii), together with interest ther eon, 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 mod ification 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 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 find 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 ma y 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 do cuments 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 o r any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the defendant quit e and peaceable possession of the said property. 5. And it is hereby further ordered and decreed that, in default of payment as af oresaid, 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 in to 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 t he 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 Schedu le 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 perso nal 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. ] 275 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 respect of the mortgage -security, together with interest thereon, and the sum of Rs.............................. for the costs of the suit awarded to the plaintiff, making in all the 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, 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 int o 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 -conv ey 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 applicatio n 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 th e 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 pa yable 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 t o 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 remed y 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 ti me 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. 276 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 pr operty 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 t o 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 princ ipal 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 i ncome 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 a ll 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 betw een 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 omissio n 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 order ed 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, i f 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. 277 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 receive d, 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 Co urt 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 subs equent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908,

able 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 ment ioned, 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 -cumbrance s 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 possessi on 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 O N 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 . a s the Com missioner 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 r ate 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 o r 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 r espect 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. 278 (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 impose d 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, shal l 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 ma king 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 a s the parties to the suit may make. 4. And it is hereby f urther 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 t he 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 plain tiff 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 powe r 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 p ayable 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 f rom 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 ).] 279 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 th e 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 S chedule 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 s uch 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 perso n 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 decree d 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 Schedu le 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 applicatio n 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 pr incipal, 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, a nd 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. 280 (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 Cou rt 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 plainti ff 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 ap plication 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 r elating 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 paya ble 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 m ay 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 fr om 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 PA YMENT 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 .... d ay 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

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 menti oned *[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 liabil ity 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. 281 1[No. 7E FINAL DECREE FOR SALE IN A REDEMPTION ON 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 an d 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, a ll documents in his possession o r 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 includi ng 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 tha t 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 FOR ECLOSURE, 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 mor tgagor *[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 proper ty 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 dee ds 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 sa id 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 del iver 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. 282 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 PROPE RTY (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 aforesa id 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 r eferred 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 . . . . . . . . . . . 1st Mortgagee, vs Defendant No. 1 . . . . . . . . . . . Mortgagor, Defendant No. 2 . . . . . . . . . . . 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 da y 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 mortg age 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 mortgage es) 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 . 283 (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 subsequ ent 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 mentione d, 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 cl ear 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 d efendant 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 necessar y 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 plaint iff 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 paya ble 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 de fendant 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 p laintiff 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 app ly for a personal decree against defendant No. 1 for the amounts remaining due to them respectively. * Words not required to be deleted . 284 5. And it is hereby further ordered and decreed (a) that if defendant No. 2 pays into Court to the credit of th is 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 anne xed 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 sha ll 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 th e 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 p laintiff'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 a mount adjudged due to defendant No. 2 in respect of his own mortgage under this decree and

payment of the a mount 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 d efendant 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 orde red 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 . . . . . . . 2nd Mortgagee, vs. Defendant No. 1. . . . . . . Mortgagor, Defendant No. 2 . . . . . . 1st Mortgagee]. 1. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11. * Words not required to be deleted . 285 (Order XXXIV, rul es 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 d ue 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 partie s hereto are entitled i n 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; a nd (b) that defendant No. 1 do pay into Court on or before the . day of .. or any later date up to which ti me 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 un der rule 10, together with such subsequent interest as may be payable under rule 11, of Order XX XIV 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 mention ed and all s uch 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 cle ar of and from all incumbrances created by defendant No. 2 or any person claiming under him or any person u nder whom he claims, and also free from all liability whatsoever arising from the mortgage or this s uit and shall, if so required, deliver up to the plaintiff or defendant No. 1 (whoever has made t he 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 defend ant No. 1 jointly and severally s hall 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 prop erty; or * Words not required to be deleted. 286 (ii) *[in the case of any other mortgage ] that the mortgaged property or a sufficient part the reof shall be sold; and that for the purposes of such sale defendant No. 2 shall produce before the Court such offi cer as it appoints, all documents in his possession or power relating to the mortgaged proper ty 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 defend ant 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, 1 908; 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 b y 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 re spective 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 plai ntiff 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 aliv e 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 mort gaged 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 fore closure is passed), that the whole of the liability of defendant No. 1 arising from the plaintiffs 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 ord ered 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, shal l 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 bal ance, if any, shall be paid to defendant No. 1 or other persons entitled to receive the same; and * Words not required to be deleted 287 (ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respec t 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 agai nst 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 Plaintiff . . . . . . . Sub or derivative mortgagee vs. [Defendant No. 1 . . . . . . Mortgagor, Defendant No. 2 . . . . . . Original Mo rtgagee.] (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 cl ear 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 de leted. 288 arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 qui et and peaceable possession of the said property; and (iii) that, upon payment into the Co urt 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

payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908; an d 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 defe ndant 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 int o 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) X XXIV 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; an d 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 a mounts 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 forc e) 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. 2s 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. 289 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 defendants plot of land marked B in the annexed plan, so as to occasion a nuisance to the plaintiff as the own er 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 pr emises any house or building of a greater h eight 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 per mitting 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 whatsoe ver. 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 th e 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 creditors suit, inquiry and accounts for legatees, heirs -at-law and next -of-kin. In suits by claimants other than cre ditors, after the 290 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 cre ditor'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 an y) 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 hand s 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 practic e 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 p arties on the . day of .. * Here insert name of proper officer. 291 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 certifi cate 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 toge ther 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 a s 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 plaintiffs 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 inte rest, 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, l et 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. 292 No. 20 FINAL DECREE IN AN ADMINISTRATION -SUIT BY NEXT -OF-KIN (Title) 1. L ET the .. * of the said Court tax the costs of the plaintiff and defendant in this suit, and let the amount of the said plaint iffs 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 afte r 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 plaintiffs and defendants 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 l et 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 . No. 21 PRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNTS (Title) IT is declared that the proportionate shares of the parties in the partnership are as follows: It is declared that this

(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 e ffects 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 accoun t 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 settle d 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 par ties, 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 t his suit stand adjourned for making a final decree to the . day of * Here insert name of proper officer. 293 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 i n 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 respec t 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 t he 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. Tha t an inquiry be made as to the account of mes ne 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 * Here insert name of proper officer. 294 APPENDIX E EXECUTION No. 1 NOTICE TO SHOW CAUSE W HY 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/adjust ment 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, 1 908, 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. Schedule Dated the .. day of 20 Judge . No. 3 ORDER S ENDING 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 Civi l 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. 295 No. 5 CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT (O. 21, r. 6.) (Title) Number of suit and the Court by which the decree was passed Names of partie s Date of application for execution Number of the execution case Processes issued and dates of service thereof Costs of execution Amount realized How the case is disposed of Remarks 1 2 3 4 5 6 7 8 9 Rs. N.P. Rs. N.P. Signature of Muharri r in charge. Signature of Judge . 296 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: No. of Suit Names of parties Date of Decree Whether any a ppeal preferred from decree Payment of adjustment made if any Previous application, if any, with date and result Amount with interest due upon the decree or other relief granted thereby together with particulars of any cross decree. Amount of costs, if any , awarded Against whom to be executed Mode in which the assistance of the Court is required. 1 2 3 4 5 6 7 8 9 10 789 of 1897 A.B. Plaintiff C.D. Defendant October 11, 1897 No. None R.s 72 -4-0 recorded on application, dated the 4th March, 1899 Rs. 314-8-2 principal [interest at 6 per cent, per annum, from date of decree till payment]. Rs. a. p As awarded in the decree 47 10 4 Subsequently incurred 8 2 0 Total 55 12 4 Against the defendant C.D. [When attachment and sale of movable property is sought . I, Pray that the total amount of Rs. [together with interes t on the principal sum up to date of payment] and the cost of taking out this execution, be realised by attachment and sale of defendants movable property as per annexed list and paid to me. [When attachment and sale of immovable 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 the attachment and sale of defendants immovable property specified at the foot of this applic ation and paid to me.] 297 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 Gs house; west by Hs house; south by public road; north by private lane and Js 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 bee n 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 ma de 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 Cou rt . 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 ......... Judge . No. 8 WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A DECREE FOR MONEY (O.21. r. 30. ) (Title) To 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 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 fur ther 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). Decree Principal Interest Costs Cost of execution Further interest Total 298 You are further commanded to return this warrant on or before theday 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 h and and the seal of the Court, thisday of.. 20....... Schedule Judge. No. 9 WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY ADJUDGED BY DECREE (O. 21, r. 31.) (Title) To The Bailiff of the Court , WHEREAS .was ordered by decree of this Court pa ssed on the day of...... 20, in Suit Noof 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 deli vered. These are to command you to seize the said movable property ( or ashare 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) To 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.. 2

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. Description of property GIVEN under my hand and the seal of the Court, thisday of ............. 20........... Judge. No. 11 WARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAN D, 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 299 , the plaintiff in this suit; you are hereby directed to put the saidin 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 J u d g e . No. 12 NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE (O. 21, r. 37.) (Title ) To 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 s hould 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 udg e. No. 13 WARRANT OF ARREST IN EXECUTION (O. 21, r. 38.) (Title ) To The Bailiff of the Court. WHEREAS . ........... was adjudged by a decree of this Court in suit No .................. of ..................... 20.... , dated Decree the.day of 20.,to pay to the decree - holder the sum of Rsas noted in the margin, and whereas the said sum of Rs...has not been paid to the said decree - holde r 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 Rsfor the cost of executing this process, to bring the said def endant before the Court with all convenient speed. You are further commanded to return this warrant on or before theday of.. 20.....,with an endorsement certifying the day on which and manner in which it has been executed, or the reason wh y it has not been executed. Principal Interest Costs Execution Total 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) To The Officer in charge of the Jail at WHEREAS... who has been brought before this Court this day 300 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 saidinto 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 a nd 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 s ignature and the seal of the Court, thisday of 20.. Judge. No. 15 ORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION OF A DECREE (Sections 58, 59) (Title) To The Officer in charge of the Jail at UNDER orders passed this day, you are her eby directed to set free..judgment -debtor now in your custody. Dated Judge. No. 16 ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBJECT TO A LIEN OR RIG HT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF (O. 21, r. 46.) (Title) To WHEREAS ...has failed to satisfy a decree passed againston 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 fromthe following property in the possession of the said, ...............that is to say,..to whi ch the defendant is entitled, subject to any claim of the said, and the said is hereby prohibited and restrained, until the further order of this Court, from delivering the said property to any person or persons whomsoever. 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). 301 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 tha t 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 re nt 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; Give particulars (e) Other property; (f) Other securities; 9. The following debts are due to me: (give particulars) (a) From of Rs. (b) From of Rs. (etc.) 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 . 302 No. 17 ATTACHMENT IN EXECUTION PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF DEBTS NOT SECURED BY NEGOTIABLE INSTRUMENTS (O. 21, r. 46.) (Title) To WHEREAS... has failed to satisfy a decree passed against.........on the.day of 20.., in Suit No.of 20., in favour offor Rs; it is ordered that the defendant be, an d 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 Judge. No. 18 ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES IN THE CAPITAL OF A CORPORATION (O. 21, r. 46.) (Title) To Defendant and to., Secretary of Corporation. WHEREAS.. has failed to satisfy a decree passed against ..on the.day of 20, in Suit Noof 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, thisday of 20.. Judge. No. 19 ORDER TO ATTACH SALARY OF PUBLIC OFFICER OR SERVANT OF RAILWAY COMPANY OR LOCAL AUTHORITY (O. 21, r. 48.) (Title) To 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 saidto the ext ent ofdue to him under the decree; You are hereby required to 303 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 attachme nt of; You are hereby directed to seize the saidand bring the same into Court. GIVEN under my hand and the seal of the Court, this.day of20. Judge. No. 21 ATTACHMENT PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF AN Y 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. I have the honour to be, Sir Your most obedient Servant. Dated the.day of 20 Judge. No. 22 NOTICE OF ATTACHM ENT OF A DECREE TO THE COURT WHICH PASSED IT (O. 21, r. 53.) (Title) To The Judge of the Court of ................ 1. Subs. by the A. O. 1937, for Officer of Government. 304 Sir, I have the honour to inform you that the decree obtained in your Court on the day of........ . 20..by.in Suit Noof 20................... ..in which he was.and .washas 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.d ay 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.

same in any way. GIVEN under my hand and the seal of the Court, this.day of.20. Judge. No. 24 ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF IM MOVABLE PROPERTY (O. 21, r. 54.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant WHEREAS you have failed to satisfy a decree passed against you on the.........day of.. 20.., in Suit No. of 20.............. , in favour offor 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 Sc hedule 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, thisday of20. Schedule Judge. 1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1 -2-1977). 305 No. 25 ORDER FOR PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC., IN THE HA NDS OF A THIRD PARTY (O.21, r. 56.) (Title) To WHEREAS the following property.....................................has been attached in execution of a decree in Suit No.of 20, passed on theday of 20......... , in favour of..for Rs.......... .............. .It is ordered that 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. GIVEN under m y hand and the seal of the Court, thisday of20 .......... Judge. No. 26 NOTICE TO ATTACHING CREDITOR (O. 21, r. 58.) (Title) To WHEREAS ...has made application to this Court for the removal of attachment on.placed at your instance in execution of the decree in Suit Noof 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 cre ditor. GIVEN under my hand and the seal of the Court, this..day of.20. .......... Judge. No. 27 WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY (O. 21, r. 66.) (Title) To The Bailiff of the Court. THESE are to command you to sell by auc tion, after givingday'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 theday of 20 ................ , in execution of a decree in favou r ofin Suit No.of 20............, or so much of the said property as shall realize the sum of Rs... , being theof the said decree and costs still remaining unsatisfied. You are further commanded to return this warrant on or before th e.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 of20 ........... Judge. 306 No. 28 NOTICE OF THE DAY FI XED FOR SETTLING A SALE PROCLAMATION (O. 21, r. 66.) (Title) To ......................................................................................................... Judgment -debtor. WHEREAS in the above -named suit.., the decree -holder, has ap plied for the sale of You are hereby informedthat 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 of20 Judge . No. 29 PROCL AMATION OF SALE (O. 21, r. 66) (Title) (1) Suit No.of 20.., decided by the..ofin 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 atta ching 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 ........... Oclock 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. Condit ions 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 bid dings 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 inad equate 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. 307 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 purchas er 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 fi fteenth 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.. Judge. Schedul e of Property 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 v alue 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). 308 No. 30 ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE (O. 21, r. 66.) (Title) To 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 of20 ..........., 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 cons picuous 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 of20. 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 reco verable 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) To 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, thisday of20.. Judge . 309 No. 33 PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTION TO ANY OTHER THAN THE PURCHASER (O. 21, r. 79.) (Title) To 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 youto 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, thisday of..20.. Judge. No. 34 PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION (O. 21, r. 79.) (Title ) To ........................................ 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 AUTHORISI NG HIM TO MORTGAGE LEASE OR SELL PROPERTY (O. 21, r. 83.) (Title) To WHEREAS in excecution of the decree passed in the above suit an order was made on theday 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 an d not to the said judgment -

all monies payable under such mortgage, lease or sale shall be paid into this Court an d not to the said judgment - debtor. 310 Description of property Given under my hand and the seal of the Court, this day of..20.. Judge. No. 36 NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE (O. 21, rr. 90, 92.) (Title) To WHEREAS the under -ment ioned 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 of20........., when the said application will be heard and determined. Given under my hand and the seal of the Court, thisday 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 pa ssed in the above -named suit, has applied to this Court to set aside the sale of the said property on the groun d 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, thisday of 20. Description of property Judge. No. 38 CERTIFICATE OF SALE OF LAND (O. 21, r. 94.) (Title) This is to certify that..has been declared the purchaser at a sale by public auction on theday of. 20of..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, thisday of 20 Judge . 311 No. 39 ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION (O. 21, r. 95.) (Title) To The Bailiff of the Court. WHEREAS.. has become the certified purchaser of.. at a sale in execution of decree in Suit Noof.. 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, thisday of 20.. Judge . No. 40 SUMMONS TO APPEAR AND ANSW ER CHARGE OF OBSTRUCTING EXECUTION OF DECREE (O. 21, r. 97.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WHEREAS ,the decree -holder in the above suit, has complained to this Court that you have resisted (or obstructed) the officer charge d with the execution of the warrant for possession: You are hereby summoned to appear in this Court on theday of 20......... at A.M., to answer the said complaint. Given under my hand and the seal of the Court, thisday 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 th is suit, and whereas the Court is satisfied thatwithout 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 t his 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 se al of the Court, this.day of 20.. Judge. 312 No. 42 AUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND (Section 72) (Title) To ..Collector of SIR, In answer to your communication No.., dated..representing that th e 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 b y you. I have the honour to be, SIR, Your obedient servant Judge. 313 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. GIVEN under my hand and the seal of the Court, this. Day of 20 Judge. No. 2 SECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT (O. 38, r. 2.) (Title) WHEREAS at the instance of., the plaintiff in the a bove 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 furni sh security for his appearance, the Court has ordered him to furnish such security: Therefore Ihave 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 t hat may be adjudged against the said defendant in the said suit. Witness my hand atthisday of. 20.. (Signed.) Witnesses. 1. 2. 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 pla intiff's claim, and unless the said sum of Rs. ...is forthwith delivered to you by or on behalf of the saidto take the saidinto 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. Principal Interest Costs TOTAL 314 No. 3 SUMMONS TO DEFENDANT TO APPEAR ON SURETY S APPLICATION FOR DISCHARGE (O . 38, r. 3.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WHEREAS , who became surety on theday 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 of20at. A. M., when the said application, will be heard and determined. GIVEN under my hand and the seal of the Court, thisday of 20.. Judge. No. 4 ORDER FOR COMMITTAL (O. 38, r. 4.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. No. 5 ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILMENT OF DECR EE (O. 38, r. 5.) (Title) To 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 315 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, thi s..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 Co urt to furnish security in th e 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 d oing, I bind myself, my heirs and executors, to pay to the said Court , at its order, the said sum of Rsor such sum not exceeding the said sum as the said Court may adjudge. Schedule Witness my hand at..this..day of.. 20 (Signed.) Witnesses. 1. 2. No. 7 ATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO FURNISH SECURITY (O. 38, r. 6.) (Title) To The Bailiff of the Court. WHEREAS , the plaintiff in this suit, has applied to the Court to call upon.. the defenda nt, 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 o f 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. 20with an endorsement certifying the date on which an d 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. 316 No. 8 TEMPORARY INJUNCTIONS (O. 39, r. 1.) (Title) Upon motion made unto this Cour t byPleader 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 f iled on theday of..] and upon hearing the evidence ofand...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 Co urt 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 stateme nt, 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

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 evidenc e 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 pa rt 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 petitio n 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 pa ge 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 p laint [ 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 counterfeiti ng, 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 selli ng, 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 317 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 w ritten 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, prom ise or undertaking until the, etc. No. 1[9] APPOINTMENT OF A RECEIVER (O . 40, r. 1.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 ofper cent. upon your receipts under the authority of this appoint ment. 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 t he Court ofin Rs.. to be paid to the saidor 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 severall y, by these presents. Dated this..day of 20.. WHEREAS a plaint has been filed in the Court by.againstfor 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. 318 And whereas the said.has been appointed, by order of the above -mentioned Co urt, 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 -boundenshall 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 presenc e of NOTE. If deposit of money is made, the memorandum thereof should follow the terms of the condition of the bond. 319 APPENDIX G APPEAL , REFERENCE AND REVIEW No. 1 MEMORANDUM OF APPEAL (O. 41, r. 1.) (Title) The.................................... ........... above -named appeals to the... Court atfrom the decree ofin Suit No of.. 20 dated the.day of 20,and sets forth the following grounds of objection to the decree appealed from, namely: No. 2 SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE (O. 41, r. 5.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This security bond on stay of execution of decree executed by...witnesseth: That.., the plaintiff in Su it No.of. ...........................20... having sued .. , the defendant, in this Court and a decree having been passed on the.day of20, in favour of the plaintiff, and the defendant having preferred an appeal from the said d ecree 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 sh all 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 b y 1. 2. 320 No. 3 SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL (O. 41, r. 6.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THIS security bond on stay of execution of decree executed by witnesseth: That., the plaintiff in Suit No of 20. having sued, defendant,, in this Court and a decree having been passed on the .day of . 20in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the................. Cour t, the said appeal is still pending. 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 de cree 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 reali sed from the properties hereby mortgaged, and if th e 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 thisday of . 20. Schedule (Signe d.) Witnessed by 1. 2. No. 4 SECURITY FOR COSTS OF APPEAL (O. 41, r. 10.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This security bond for costs of appeal executed by.witnesseth: This appellant has preferred an appeal from the decr ee 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 reali sed 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. T o this effect, I ex ecute this security bond this . day of. 20.. Schedule Witnessed by 1. 2. (Signed.) 321 No. 5 INTIMATION TO LOWER COURT OF ADMISSION OF APPEAL (O. 41, r. 13.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 t herein on the............... day of.. 20. You are requested to send with all practicable despatch all material papers in the suit. Dated theday of.. 20. Judge. No. 6 NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL (O. 41, r. 14.) (Title) Appeal from theof the Court..of....... datedthe..day of. 20 To Respondent Take notice that an appeal from the decree ofin this case h as been presented byand registered in this Court, and that theday 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 auth orised 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, thisday of 20...... Judge. [NOTEIf a stay of execution has been ordered intimation should be given of the fact on this notice.] No. 7 NOTICE TO A PARTY TO A SUIT NOT MADE , A PARTY TO THE APPEAL BUT JOINED BY THE COURT AS A RESPONDENT (O. 41, r. 20.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322 WHEREAS you were a party in Suit No.of 20, in the Cour t of,., and whereas thehas 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

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 thehas preferred an appeal to theCourt atfrom the decree ofin Suit Noof 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 files this memorandum of cross obje ction under 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: 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. Plaintiff. versus Defendant . The..above -named appeals to the.Court at.........from the decree of.in the ab ove 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 byThe cost of the original suit are to be paid by.. GIVEN under my hand this..day of 20. Judge. 323 Costs of Appeal Appellant Amount Respondent Amount 1. Stamp for memorandum of appeal 2. Do. for power 3. Service of processes. 4. Pleader's fee on Rs. .. Rs. A. P. Stamp for power Do. for petition.. Service of processes.. Pleader s fee on Rs. ... Rs. A. P. TOTAL TOTAL No. 10 APPLICATION TO APPEAL IN forma pauperis (O. 44, r. 1.) (Title) Itheabove -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 sho uld 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 theday 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 shoul d 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 . 324 No. 12 NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE 1[SUPREME COURT] SHOULD NOT BE GRANTED (O. 45, r. 3.) (Title ) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2[TAKE notice that.has applied to this Court for a certificate (i) that the case involves a substantial quest ion 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 aske d for. GIVEN under my hand and the seal of the Court, this.day of 20.... Registrar . No. 13 NOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE 1[SUPREME COURT ] (O. 45, r. 8.) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 saidto 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 t he A.O . 1950 , for His Majesty in Council. 325 No. 14 NOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED (O. 47, r. 4.) (Title) To TAKE notice thathas applied to this Court for a review of its decree passed on theday of. 20 in the above case. The .day of.. 20fixed 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. 326 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 poin t 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 b e 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 fro m doing, etc., etc.] Plaintiff. versus Defendant. Witnesses : 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..Noof .......20 . To WHEREAS an application, dated the.day of. 20..., has been made to this Court by.the.in Suit Noof 20now pending in the Court of t heat..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 20has been fixed for the hearin g 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). 327 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 T o SHOW CAUSE (GENERAL FORM) (Title) To 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..Oclock 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, thisday of. 20. Judge. No. 5 PLAINTIFF LIST OF DOCUMENTS PRODUCED BY (O. 13, r. 1.) DEFENDANT (Title ) No. Description of document. Date, if any which the document bears. Signature of party or pleader. 1 2 3 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 bee n 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 witnesswill be taken by the Court on the day of 20 Dated theday of. 20.. Judge. 328 No. 7 COMMISSION TO EXAMINE ABSENT WITNESS (O. 26, rr. 4, 18.) (Title) WHEREAS the evidence ofis 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 o f the parties or their agents if in attendance, w ho 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 havin g 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, tha t is to say: E. F., of G. H., of and I. J., of And it appearing that such witnesses are resident within the jurisdiction of your honoura ble 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 som e 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 Majestys Secretary of State for Foreign Affairs. 329 No. 9 COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAM INE ACCOUNTS

. 9 COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAM INE ACCOUNTS (O. 26, rr. 9,11.) (Title) To 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 sa id 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 equ alizing 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. 330 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 th e 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) To Minor Defendant WHEREA S 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 required to take notice to appear in this Court i n person on the....................day of.......... 20......................at......................Oclock in the forenoon to show c ause against the application, failing which the said application will be heard and determined ex parte. 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 t hereof: 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 sea l 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). 331 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 requ ired 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 Cour t, 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. 332 No. 14 REGISTER OF CIVIL SUITS (O. 4, R.2.) COURT OF THE OF AT REGISTER OF CIVIL SUITS IN THE YEAR 20 Return of Execution Minute of other Return than Payment or Arrest, and date to every Return NOTE.Where there are numerous plaintiffs, or numerous defendants, the name of the first Plaintiff only, or the first defendant only, as the case may be, need be entered in the register. Execution Appeal Judgment Appearanc e Defendant Plaintiff Claim 333 No. 15 REGISTER OF APPEALS (O. 41, r.9.) COURT (OR HIGH COURT) AT REGISTER OF APPEALS FROM DECREES IN THE YEAR 20 Judgment Appearance Decree appealed from Respondent Appellant 334 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 stat ements 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 o f 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] DEPONENT .] 1. Ins. by Act 28 of 2018, s. 18 (w.e.f. 23 -10-2015). 335 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 a ffirm 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 tha t 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 custo dy, 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 abov e-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 state ment 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] DEPONENT.] [Vide the Jammu and Kashmir Reorgani sation (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)]. 336 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 Repea ling and Amending Act, 1914 (17 of 1914). s. 3 and the Second Sch. 337 ANNEXURE THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1976 (104 OF 1976) * * * * * CHAPTER V REPEAL AND SAVINGS 97. Repeal and savings. (1) Any amendment made, or any provisi on 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 sect ion 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

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 pr ovisions 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 sect ion 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 execu tion 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; 338 (k) the provisions of section 92 of the princi pal 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 secti on 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 i nserted 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 Letter s Patent which had been admitted before the commencement of the said section 38; and eve ry 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 admitt ed, 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 pr ovisions of rule s 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 sal e 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 shal l 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; 339 (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 ap ply 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 o f 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 no t 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 a s 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 Sc hedule, 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 admitte d 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 c ommencement 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 provision s 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 app lication is instituted or filed, had been acquired or had accrued before such commencement. * * * *

EXTRAORDINARY II 3- (i) PART II Section 3 Sub-section (i) PUBLISHED BY AUTHORITY THE GAZETTE OF INDIA : EXTRAORDINARY [PART IISEC. 3(i)] MINISTRY OF MINORITY AFFAIRS NOTIFICATION New Delhi, the 18th February, 2020 G.S.R. 126(E).In exercise of the powers conferred by sub -section (1) of section 56 of the Waqf Act, 1995 (43 of 1995), the Central Government hereby makes the following rules further to amend the Waqf Propert ies Lease Rules, 2014, namely: 1. Short title and commencement. (1) These rules may be called the Waqf Properties Lease (Amendment) Rules, 2020. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Waqf Properties Lease Rules, 2014, (a) in rule 4, in sub -rule (3) , after the word person, the words or organization or society shall be substituted; (b) in rule 5, in the first proviso, for the letters, figures, brackets and words is less than Rs. 1000/ - (Rupees One Thousand) per month, the letters , figures, brackets and words is up to Rs. 3000/ - (Rupees Three Thousand) per month as on 3rd June 2014 shall be substituted; (c) in rule 6, for the letters, figures, brackets and words in which the rental income from the leased property is more than Rs. 1000/ - (Rupees One Thousand) per month, the letters , figures, brackets and words in which the as sessed rental income from the leased property is more than Rs. 3000/ - (Rupees Three Thousand) per month as on 3rd June, 2014 shall be substituted; (d) for rule 7, the following rule shall be substituted, namely : 7. Reserve price. (1) The reserve pric e per square feet for lease of an immovable waqf property shall - (a) for hospitals, educational institutions and social sectors, be not less than 1% per annum; (b) for commercial activities, be not less than 2.5% per annum; of the market value of the pro perty: Provided that the Board may in cases where the bid fails twice and on the recommendation of a Committee to be formed for the purpose, reduce the reserve price for a locality, if the same is approved by two - thirds members of the board present and v oting. Provided further that the reserve price upon such reduction shall in no case be lower than 1.5% of the market value. (2) The market value referred to in sub -rule (1) shall be the price fixed for registering a conveyance at the office of the Registra r or Sub -registrar.; (e) for rule 8, the following rule shall be substituted, namely : 8. Payment of security deposit. (1) Upon the execution of lease, the lessee shall make payment of a security deposit of the amount based on the period of lease, as under, namely : - (i) one month lease rent on lease period of up to one year ; (ii) three months lease rent on lease period of more than one year and up to five years ; (iii) six months lease rent on lease period of more than five years and up to ten years; and (iv) twelve months lease rent on lease period of more than ten years and up to thirty years. (2) The security deposit received under sub -rule (1) shall be kept in fixed deposit in an account of the Waqf Board in a nationalised Bank and the Board may utilise the amount for development of waqf properties, with the sanction of not less than two -thirds of the members of the Board. (3) The waqf property under lease shall be maintained by the lessee. (4) The security deposit shall be refunded withou t any interest to the lessees within one month of handing over of vacant premises or land in good condition to the satisfaction of the Waqf Board after adjustment of dues or damages, if any, caused to the Waqf premises.; (f) for rule 10, the following r ule shall be substituted, namely : 10. Lease rent. (1) The lessee shall pay to the lessor for the leased premises lease rent, in respect of each year of the term or renewal terms, as the case may be, payable in advance and without notice or demand, in monthly or annual instalments as agreed upon between the parties, from the date of execution of the lease agreement, preferably only in the account of the lessor in nationalised bank. (2) The lease rent tendered by the lessee on time by way of money ord er for amount not exceeding rupees three thousand only , if refused by the lessor in accepting or giving receipt, may be deposited in the account of the concerned lessor in nationalised bank and the Lease rent shall be treated as validly deposited if deposited by the lessee within fifteen days of such refusal by the lessor. 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IISEC. 3(i)] Provided that a valid lease agreement between the parties on the date of making such deposit has not been cancelled, expired or lost validity, for some other reasons.; (g) in rul e 12, in sub -rule (3) , for the words continue to pay, the words pay double shall be substituted; (h) for rule 18, the following rule shall be substituted, namely : 18. Renewal of lease. (1) No lease agreement shall contain a clause providing for au tomatic renewal. (2) The Board shall, while renewing the lease, give preference to the present lessee if such lessee participates in the bid and matches the highest bid : Provided that the Board may not apply the procedure for bidding in case of a less ee occupying waqf property uninterruptedly from 1995 onwards or prior thereto and as a measure of one time concession, renew the lease deed for a period upto ten years if the lessee files an undertaking wit h the Board to the effect that (i) the lessee shall hand over peaceful, unencumbered and vacant possession of the waqf property to the lessor on the expiry of the period for which the lease has been renewed; (ii) the lessee or their legal heir shall not in future claim any benefit or right whatsoever out o f this one time concession; (iii) the lessee shall forthwith make all payments towards arrears and continue to pay lease rental determined as per rule 7 of these rules; and (iv) the lessee shall forthwith withdraw all cases filed against the lessor befo re any Authority or Tribunal or Court in respect of or in relation to the leased property: Provided further that the lessee has to fulfil the conditions mentioned at (iii) and (iv) above within thirty days of furnishing the undertaking failing which the lease agreement shall stand cancelled: Provided also that in case of death of a lessee during the currency of lease period, the lease agreement of the deceased lessee for the unexpired period of lease shall be transferred in the name of his or hers son or daughter or spouse for which transfer fee equivalent to three months rental shall be charged by the Waqf Board.; (i) for rule 19, the following rule shall be substituted, namely : 19. Purpose and period of lease. (1) The Board may give on lease an y immovable waqf property, built -up spaces or vacant land for the purposes and for the period rel ating thereto as under, namely: (i) for shops, cold storages, marriage halls or small industries, lease shall be granted for a period of up to ten years; (ii) for establishing or running of shopping malls, residential buildings, hotels, restaurants or Inns, lease shall be granted for a period of up to thirty years; (iii) for establishing or running educational institutions like schools, colleges, universities, hospitals, dispensaries, madarasas or maktabs, lease shall be granted for a period of up to thirty years; (iv) for agricultural purposes, the lease shall be granted for a period up to three years. (2) The commencement date of the lease shall mean the date of execution of lease deed or agreement or the effective date of lease mentioned in the lease deed or agreement. (j) in rule 23, (a) in sub -section (1), clause (iv) shall be omitted; (b) in sub -section (2), in clause (iv), for the words one months n otice, the words three notices one after another with a gap of on e month shall be substituted; (k) in rule 24, for sub -rule (2), the following sub -rule shall be substituted, namely : (2) If after the expiration or termination of the lease, despite gi ven three notices one after another with a gap of one month, the lessee continues to occupy the leased premises, it shall be treated as an encroachment and such encroachment shall be removed in accordance with the procedure specified in section 54 of the Act. (l) in rule 25 , for the words and delivered to the lessor at his address; and, the words or e mail and delivered to the lessee at his address; or shall be substituted; (m) in the Appendix , (a) for the words, brackets and figures Form (see rule 15), the words, brackets and figures Form for submission of details of Waqf Property (see rule 15) shall be substituted; (b) in Sl. No. 6, after the words Place where the waqf property is situated, th e words including survey No., village, tehsil and district. shall be inserted . [F. No. 12/13/2014 -Waqf(Vol. I)] S. K. DEV VERMAN , Addl. Secy . Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i) vide number G.S.R. 380(E) dated the 3rd June, 2014 and subsequently amended vide number G.S.R. 663(E), dated the 25th August, 2015 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i) . Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

THE INDIAN PARTNERSHIP ACT, 1932 ACT NO. 9 OF 1932 [8th April, 1932.] An Act to define and amend the law relating to partnership. WHEREAS it is expedient to define and amend the law relating to partnership; it ishereby enacted as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Indian Partnership Act, 1932. 1[(2) It extends to the whole of India 2[3***].] (3) It shall come into force on the 1st day of October, 1932, except section 69, which shall come into force on the 1st day of October, 1933. 2. Definitions. In this Act, unless there is anything repugnant in th e subject or context, (a) anact of a firm means any act or omission by all the partners, or by any partner or agent of the firm which gives rise to a right enforceable by or against the firm; (b) business includes every trade, occupation and professi on; (c) prescribed means prescribed by rules made under this Act; (d) third party , used in relation to a firm or to a partner therein, means any person who is not a partner in the firm; and (e) expressions used but not defined in this Act and defined in the Indian Contract Act, 1872 (9 of 1872), shall have the meanings assigned to them in that Act. 3. Application of provisions of Act 9 of 1872. Theunrepealed provisions of the Indian Contract Act, 1872 (9 of 1872), save in so far as they are inconsisten t with the express provisions of this Act, shall continue to apply to firms. STATE AMENDMENT Goa, Daman and Diu In exercise of the powers conferred by sub -section (2) of Section 3 of the Goa, Daman and Diu (Laws) No. 2 Regulation, 1963, the Lieutenant Governor hereby appoints the 15th March 1964, as the date on which the provisions of the Acts mentioned in the Schedule below shall come into force in the Union Territory of Goa, Daman and Diu. SCHEDULE 1. The Indian Partnership Act, 1932. By order and in the name of the Lieutenant Governor of Goa, Daman and Diu. [Published in the Official Gazette Series I No. 11 dated 12 -3-1964 ] (w.e.f. 22nd January 1964 ) 1. Subs. by the A. O. 1950 , for sub -section ( 2). 2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for except Part B States. 3. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019). 5 CHAPTER II THE NATURE OF PARTNERSHIP 4. Definition of partnership , partner , firm and firm name .Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entere d into partnership with one another are called individually partners and colle ctively a firm , and the name under which their business is carried on is called the firm name . 5. Partnership not created by status. The relation of partnership arises from contract and not from status; and, in particular, the members of a Hindu undivi ded family carrying on a family business as such, or a Burmese Buddhist husband and wife carrying on business as such are not partners in such business 6. Mode of determining existence of partnership. In determining whether a group of personsisor is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. Explanation 1 .The sharing of profits or of gross returns arising from property by per sons holding a joint or common interest in that property does not of itself make such persons partners. Explanation 2 .The receipt by a person of a share of the profits of a business, or of a payment contingent upon the earning of profits or varying with t he profits earned by a business, does not of itself make him a partner with the persons carrying on the business; and, in particular, the receipt of such share or payment (a) by a lender of money to persons engaged or about to engage in any business, (b) by a servant or agent as remuneration, (c) by the widow or child of a deceased partner, as annuity, or (d) by a previous owner or part owner of the business, as consideration for the sale of the goodwill or share thereof, does not of itself make the recei ver a partner with the persons carrying on the business. 7. Partnership at will. Where no provision is made by contract between the partners for the duration of their partnership or for the determination of their partnership, the partnership is partnershi p at will. 8. Particular partnership. A person may become a partner with another person in particular adventures or undertakings. CHAPTER III RELATIONS OF PARTNERS TO ONE ANOTHER 9. General duties of partners. Partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other, and to render true accounts and full information of all things affecting the firm to any partner or his legal representative. 10.Duty to indemnify for loss caused by fraud .Every partner shall indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm. 11. Determination of rights and duties of partners by contract between the partners. Agreements in restraint of trade. (1) Subject to the provisions of this Act, the mutual rights and duties of the partners of a firm may be determined by contract between the partners, and such contract may be expressed or may be implied by a course of dealing. 6 Such contract may be varied by consent of a ll the partners, and such consent may be expressed or may be implied by a course of dealing. (2) Notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such contracts may provide that a partner shall not carry on any business other than that of the firm while he is a par tner. 12. The conduct of the business. Subject to contract between the partners (a) every partner has a right to take part in the conduct of the business; (b) every partner is bound to attend diligently to his duties in the conduct of the business; (c) any difference arising as to ordinary matters connected with the business may be decided by a majority of the partners, and every partner shall have the right to express his opinion before the ma tter is decided, but no change may be made in the nature of the business without the consent of all the partners; and (d) every partner has a right to have access to and to inspect and copy any of the books of the firm. 13. Mutual rights, and liabilities .Subject to contract between the partners (a) a partner is not entitled to receive remuneration for taking part in the conduct of the business; (b) the partners are entitled to share equally in the profits earned, and shall contribute equally to the loss es sustained by the firm; (c) where a partner is entitled to interest on the capital subscribed by him such interest shall be payable only out of profits; (d) a partner making, for the purposes of the business, any payment or advance beyond the amount of c apital he has agreed to subscribe, is entitled to interest thereon at the rate of six per cent. per annum; (e) the firm shall indemnify a partner in respect of payments made and liabilities incurred by him (i) in the ordinary and proper conduct of the bu siness, and (ii) in doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be done by a person of ordinary prudence, in his own case, under similar circumstances; and (f) a partner shall indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm. 14. The property of the firm. Subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought in to the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of the business of the firm, and includes also the goodwill of the business. Unless the contrary intention appears, property and righ ts and interests in property acquired with money belonging to the firm are deemed to ha ve been acquired for the firm. 15. Application of the property of the firm. Subject to contract between the partners, the property of the firm shall be held and used by the partners exclusively for the purposes of the business. 16. Personal profits earned by partners. Subject to contract between the partners, (a) if a partner derives any profits for himself from any transaction of the firm, or from the use of the prope rty or business connection of the firm or the firm name, he shall account for that profit and pay it to the firm; (b) if a partner carries on any business of the same nature as and competing with that of the firm, he shall account for and pay to the firm a ll profits made by him in that business. 7 17. Rights and duties of partners after a change in the firm, after the expiry of the term of the firm, and where additional undertakings are carried out. Subject to contract between the partners, (a) where a change occurs in the constitution of a firm, the mutual rights and duties of the partners in the reconstituted firm remain the same as they were immediately before the change, as far as may be; (b) where a firm constituted for a fixed term continues to car ry on business after the expiry of that term, the mutual rights and duties of the partners remain the same as they were before the expiry, so far as they may be consistent with the incidents of partnership at will; and (c) where a firm constituted to carry out one or more adventures or undertakings carries out other adventures or undertakings, the mutual rights and duties of the partners in respect of the other adventures or undertakings ar e the same as those in respect of the original adventures or underta kings. CHAPTER IV RELATIONS OF PARTNERS TO THIRD PARTIES 18. Partner to be agent of the firm. Subject to the provisions of this Act, a partner is the agent of the firm for the purposes of the business of the firm. 19. Implied authority of partner as agent of the firm. (1) Subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the firm, binds the firm. The authority of a partner to bind the firm conferred by this section is called his implied authority . (2) In the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not empower him to (a) submit a dispute relating to the business of the firm to arbitration, (b) open a banking account on behalf of the firm in his own name, (c) compromise or relinquish any claim or portion of a claim by the firm, (d) withdraw a suit or proceeding filed on behalf of the firm, (e)admit any liability in a suit or proceeding against the firm, (f) acquire immovable property on behalf of the firm, (h) transfer immovable property belonging to the firm, or (g) enter into partnership on behalf of the firm. 20. Extension and restriction of partner's implied authority. The partners in a firm may, by contrac t between the partners, extend or restrict the implied authority of any partner. Notwithstanding any such restriction, any act done by a partner on behalf of the firm which falls within his implied authority binds the firm, unless the person with whom he i s dealing knows of the restriction or does not know or believe that partner to be a partner. 21. Partner s authority in an emergency. A Partner has authority, in an emergency, to do all such acts for the purpose of protecting the firm from loss as would be done by a person of ordinary prudence, in his own case, acting under similar circumstances, and such acts bind the firm. 22. Mode of doing act to bind firm. In order to bind a firm, an act or instrument done or executed by a partner or other person on behalf of the firm shall be done or executed in the firm name, or in any other manner expressing or implying an intention to bind the firm. 23. Effect of admissions by a partner. An admission or representation made by a partner concerning the affairs of th e firm is evidence against the firm, if it is made in the ordinary course of business. 24. Effect of notice to acting partner. Notice to a partner who habitually acts in the business of the firm of any matter relating to the affairs of the firm operates as notice to the firm, except in the case of a fraud on the firm committed by or with the consent of that partner. 8 25. Liability of a partner for acts of the firm. Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner. 26. Liability of the firm for wrongful acts of a partner. Where, by the wrongful act or omission of a partner acting in the ordinary course of the business of a firm, or with the authority of his partners, loss or in jury is caused to any third party, or any penalty is incurred, the firm is liable therefor to the same extent as the partner. 27. Liability of firm for misapplicati on by partners. Where (a) a partner acting within his apparent authority receives money or property from a third party and misapplies it, or (b) a firm in the course of its business receives money or property from a third party, and the money or property is misapplied by any of the part ners while it is in the custody of the firm, the firm is li able to make good the loss. 28. Holding out. (1) Anyone who by words spoken or written or by conduct represents himself, or knowingly permits himself to be represented, to be a partner in a firm, is liable as a partner in that firm to anyone who has on the faith of any such representation given credit to the firm, whether the per son representing himself or represented to be a partner does or does not know that the representation has reached the person so giving credit. (2) Where after a partner s death the business is continued in the old firm name, the continued use of that name or of the deceased partner s name as a part thereof shall not itself make his legal representative or his estate liable for any act of the firm done after his death. 29. Rights of t ransferee of a partner s interest. (1) A transfer by a partner of

done after his death. 29. Rights of t ransferee of a partner s interest. (1) A transfer by a partner of his interest in the firm, either absolute or by mortgage, or by the creation by him of a charge on such interest, does not entitle the transferee, during the continuance of the firm, to inte rfere in the conduct of the business, or to require accounts, or to inspect the books of the firm, but entitles the transferee only to receive the share of profits of the transferring partner, and the transferee shall accept the account of profits agreed t o by the partners. (2) If the firm is dissolved or if the transferring partner ceases to be a partner, the transferee is entitled as against the remaining partners to receive the share of the assetsof the firm to which the transferring partner is entitled, and, for the purpose of ascertaining that share, to an account as from the date of the dissolution. 30. Minors admitted to the benefits of partnership. (1) A person who is a minor according to the law to which he is subject may not be a partner in a firm, but, with the consent of all the partners for the time being, he may be admitted to the benefits of partnership. (2) Such minor has a right to such share of the property and of the profits of the fir m as may be agreed upon, and he may have access to and inspect and copy any of the accounts of the firm. (3) Such minor s share is liable for the acts of the firm, but the minor is not personally liable for any such act. (4) Such minor may not sue the part ners for an account or payment of his share of the property or profits of the firm, save when severing his connection with the firm, and in such case the amount of his share shall be determined by a valuation made as far as possible in accordance with the rules contained in section 48: Provided that all the partners acting together or any partner entitled to dissolve the firm upon notice to other partners may elect in such suit to dissolve the firm, and thereupon the Court shall proceed with the suit as one for dissolution and for settling accounts between the partners, and the amount of the share of the minor shall be determined along with the shares of the partners. (5) At any time within six months of his attaining majority, or of his obtaining knowledge that he had been admitted to the benefits of partnership, whichever date is later, such person may give public notice 9 that he has elected to become or that he has elected not to become a partner in the firm, and such notice shall determine his position as regards the firm: Provided that, if he fails to give such notice, he shall become a partner in the firm on the expiry of the said six months. (6) Where any person has been admitted as a minor to the benefits of partnership in a firm, the burden of proving the fact that such person had no knowledge of such admission until a particular date after the expiry of six months of his attaining majority shal l lie on the persons asserting that fact. (7) Where such person becomes a partner, (a) his rights and liabilities as a minor continue up to the date on which he becomes a partner, but he also becomes personally liable to third parties for all acts of the firm done since he was admitted to the benefits of partnership, and (b) his share in the property and profits of the firm shall be the share to which he was entitled as a minor. (8)Where such person elects not to become a partner, (a) his rights and liab ilities shall continue to be those of a minor under this section up to the date on which he gives public notice, (b) his share shall not be liable for any acts of the firm done after the date of the notice, and (c) he shall be entitled to sue the partners for his share of the property and profits in accordance with sub -section (4). (9)Nothing in sub -sections ( 7) and (8)shall affect the provisions of section 28. CHAPTER V INCOMING AND OUTGOING PARTNERS 31. Introduction of a partner. (1) Subject to contract between the partners and to the provisions of section 30, no person shall be introduced as a partner into a firm without the consent of all the existing partners. (2)Subject to the provisions of section 30, a person who is introduced as a partner into a fi rm does not thereby become liable for any act of the firm done before he became a partner. 32. Retirement of a partner. (1) A partner may retire (a) with the consent of all the other partners, (b) in accordance with an express agreement by the partners, or (c) where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire. (2) A retiring partner may be discharged from any liability to any third party for acts of the firm done before his retirement by an agreement made by him with such third party and the partners of the reconstituted firm, and such agreement may be implied by a course of dealing between such third party and the reconstituted firm after he had knowledge of the retirement. (3) Notwithstandi ng the retirement of a partner from a firm, he and the partners continue to be liable as partners to third parties for any act done by any of them which would have been an act of the firm if done before the retirement, until public notice is given of the r etirement: Provided that a retired partner is not liable to any third party who deals with the firm without knowing that he was a partner. (4) Notices under sub -section ( 3) may be given by the retired partner or by any partner of the reconstituted firm. 10 33. Expulsion of a partner. (1) Apartner may not be expelled from a firm by any majority of the partners , save in the exercise in good faith of powers conferred by contract between the partners. (2)The provisions of sub -sections (2), (3)and (4)of section 3 2 shall apply to an expelled partner as if he were a retired partner. 34. Insolvency of a partner. (1) Where a partner in a firm is adjudicated an insolvent he ceases to be a partner on the date on which the order of adjudication is made, whether or not th e firm is thereby dissolved. (2)Where under a contract between the partners the firm is not dissolved by the adjudication of a partner as an insolvent, the estate of a partner so adjudicated is not liable for any act of the firm and the firm is not liable for any act of the insolvent, done after the date on which the order of adjudication is made. 35. Liability of estate of decea sed partner. Where under a contract between the partners the firm is not dissolved by the death of a partner, the estate of a deceased partner is not liable for any act of the firm done after his death. 36. Rights of outgoing partner to carry on competin g business. Agreements in restraint of trade. (1) An outgoing partner may carry on a business competing with that of the firm and he may advertise such business, but, subject to contract to the contrary, he may not (a) use the firm name, (b) represent hi mself as carrying on the business of the firm, or (c) solicit the custom of persons who were dealing with the firm before he ceased to be a partner. (2) A partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within specified local limits; and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions impos ed are reasonable. 37. Right of outgoing partner in certain cases to share subsequent profits. Where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the firm with the prop erty of the firm without any final settlement of accounts as between them and the outgoing partner or his estate, then, in the absence of a contract to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representat ives to such share of the profits made since he ceased to be a partner as may be attributable to the use of his share of the property of the firm or to interest at the rate of six per cent. per annum on the amount of his share in the property of the firm: Provided that whereby contract between the partners an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner, or the outgoing pa rtner or his estate, as the case may be, is not entitled to any further or other share of profits; but if any partner assuming to act in exercise of the option does not in all material respects comply with the terms thereof, he is liable to account under t he foregoing provisions of this section. 38. Revocation of continuing guarantee by change in firm. A continuing guarantee given to a firm, or to a third party in respect of the transactions of a firm, is, in the absence of agreement to the contrary, revoke d as to future transactions from the date of any change in the constitution of the firm. CHAPTER VI DISSOLUTION OF A FIRM 39. Dissolution of a firm. The dissolution of partnership between all the partners of a firm is called the dissolution of the firm . 40. Dissolution by agreement. A firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners. 11 41. Compulsory dissolution. A firm is dissolved (a) by the adjudication of all the partners or of all the partners but one as insolvent, or (b) by the happening of any event which makes it unlawful for the business of the firm to be carried on or for the partners to carry it on in partnership : Provided that, where more than one separate adventure or undertaking is carried on by the firm, the illegality of one or more shall not of itself cause the dissolution of the firm in respect of its lawful adventures and undertakings. 42. Dissolution on the happening of certain contingencies .Subject to contract between the partners a firm is dissolved (a) if constituted for a fixed term, by the expiry of that term; (b) if constituted to carry out one or more adventures or undertakings, by the completion thereof; (c) by the death of a partn er; and (d) by the adjudication of a partner as an insolvent. 43. Dissolution by notice of partnership at will. (1) Where the partnership is at will, the firm may be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the firm. (2) The firm is dissolved as from the date mentioned in the notice as the date of dissolution or, if no date is so mentioned, as from the date of the communication of the notice. 44. Dissolution by the Court. At the suit of a partner, the Court may dissolve a firm on any of the following grounds, namely: (a) that a partner has become of unsound mind, in which case the suit may be brought as well by the next friend of the partner who has become of unsound mind as by any othe r partner; (b) that a partner, other than the partner suing, has become in any way permanently incapable of performing his duties as partner; (c) that a partner, other than the partner suing, is guilty of conduct which is likely to affect prejudicially the carrying on of the business, regard being had to the nature of the business; (d) that a partner, other than the partner suing, wilfully or persistently commits breach of agreements relating to the management of the affairs of the firm or the conduct of it s business, or otherwise so conducts himself in matters relating to the business that it is not reasonably practicable for the other partners to carry on the business in partnership with hint; (e) that a partner, other than the partner suing, has in any wa y transferred the whole of his interest in the firm to a third party, or has allowed his share to be charged under the provisions of rule 49 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), or has allowed it to be sold i n the recovery of arrears of land -revenue or of any dues recoverable as arrears of land - revenue due by the partner; (f) that the business of the firm cannot be carried on save at a loss; or (g) on any ground which renders it just and equitable that the fir m should be dissolved. 45. Liability for acts of partners done after dissolution. (1) Notwithstanding the dissolution of a firm, the partners continue to be liable as such to third parties for any act done by any of them which would have been an act of the firm if done before the dissolution, until public notice is given of the dissolution: Provided that the estate of a partner who dies, or who is adjudicated an insolvent, or of a partner who, not having been known to the person dealing with the firm to be a partner, retires from the firm, is not liable under this section for acts done after the date on which he ceases to be a partner. (2) Notices under sub -section ( 1) may be given by any partner. 12 46. Right of partners to have business wound up after dissolution. On the dissolution of a firm every partner or his representative is entitled, as against all the other partners or their representatives, to have the property of the firm applied in payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners or their representatives according to their rights. 47. Continuing authority of partners for purposes of winding up. After the dissolution of a firm the authority of each partner to bind the firm, and the other mutual rights and obligations of the partners, continue notwithstanding the dissolution, so far as may be necessary to wind up the affairs of the firm and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise: Prov ided that the firm is in no case bound by the acts of a partner who has been adjudicated insolvent; but this proviso does not affect the liability of any person who has after the adjudication represented himself or knowingly permitted himself to be represe nted as a partner of the insolvent. 48. Mode of settlement of accounts between partners. In settling the accounts of a firm after dissolution, the following rules shall, subject to agreement by the partners, be observed: (a) Losses, including deficienci es of capital, shall be paid first out of profits, next out of capital, and, lastly, if necessary, by the partners individually in the proportions in which they were entitled to share profits. (b) The assets of the firm, including any sums contributed by t he partners to make up deficiencies of capital, shall be applied in the following manner and order: (i) in paying the debts of the firm to third parties; (ii) in paying to each partner rateably what is due to him from the firm for advances as distinguish ed from capital;

ii) in paying to each partner rateably what is due to him from the firm for advances as distinguish ed from capital; (iii) in paying to each partner rateably what is due to him on account of capital; and (iv) the residue, if any, shall be divided among the partners in the proportions in which they were entitled to share profits. 49. Payment of firm debts and of separate debts. Where there are joint debts due from the firm, and also separate debts due from any partner, the property of the firm shall be applied in the first instance in payment of the debts of the firm, and, if there is any surplus, then the share of each partner shall be applied in payment of his separate debts or paid to him. The separate property of any partner shall be applied first, in the payment of his separate debts, and the surplus (if any) in the payment of the debts of the firm. 50. Personal profits e arned after dissolution. Subject to contract between the partners, the provisions of clause ( a) of section 16 shall apply to transactions by any surviving partner or by the representatives of a deceased partner, unde rtaken after the firm is dissolved on account of the death of a partner and before its affairs have been completely wound up: Provided that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall a ffect his right to use th e firm name. 51. Return of premium on premature dissolution. Where a partner has paid a premium on entering into partnership for a fixed term, and the firm is dissolved before the expiration of that term otherwise than by the death of a partner, he shall be entitled to repayment of the premium or of such part thereof as may be reasonable, regard being had to the terms upon which he became a partner and to the length of time during which he was a partner, unless (a) the dissolution is mainly due to his ow n misconduct, or (b) the dissolution is in pursuance of an agreement containing no provision for the return of the premium or any part of it. 13 52. Rights whe re partnership contract is rescinded for fraud or misrepresentation. Where a contract creating partn ership is rescinded on the ground of the fraud or misrepresentationof any of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled (a) to a lien on, or a right of retention of, the surplus or the assets of t he firm remaining after the debts of the firm have been paid, for any sum paid by him for the purchase of a share in the firm and for any capital contributed by him; (b) to rank as a creditor of the firm in respect of any payment made by him towards the de bts of the firm; and (c) to be indemnified by the partner or partners guilty of the fraud or misrepresentation against all the debts of the firm. 53. Right to restrain from use of firm name or firm property. After a firm is dissolved, every partner or his representative may, in the absence of a contract between the partners to the contrary, restrain any other partner or his representative from carrying on a similar business in the firm name or from using any of the property of the firm for his own benefit, until the affairs of the firm have been completely wound up: Provided that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name. 54. Agreements in restraint of trad e.Partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of them will not carry on a business similar to that of the firm within a specified period or within specified local limits; and notwithstanding any thing contained in section 27 of the Indian Contract Act, 1872 (9 of 1 872), such agreement shall be valid if the restrictions imposed are reasonable. 55. Sale of goodwill after dissolution. Rights of buyer and seller of goodwill. Agreements in restraint of trade. (1) In settling the accounts of a firm after dissolution, the goodwill shall, subject to contract between the partners, be included in the assets, and it may be sold either separately or along with other property of the firm. (2) Where the goodwill of a firm is sold after dissolution, a partner may carry on a business competing with that of the buyer and he may advertise such business, but, subject to agreement between him and the buyer, he may not (a) use the firm name, (c) represent himself as c arrying on the business of the firm, or (c) solicit the custom of persons who were dealing with the firm before its dissolution. (3) Any partner may, upon the sale of the goodwill of a firm, make an agreement with the buyer that such partner will not carry on any business similar to that of the firm within a specified period or within specified local limits, and, notwithstanding anything contained in section 27 of the Indian Contract Act , 1872 (9 of 1872), such agreement shall be valid if the restrictions i mposed are reasonable. CHAPTER VII REGISTRATION OF FIRMS 56. Power to exempt from application of this Chapter. The1[State Government of any State ] may, by notification in the Official Gazette, direct that the provisions of this Chapter shall not apply to 2[that State] or to any part thereof specified in the notification. 57. Appointment of Registrars .(1) The State Government may appoint Registrars of Firms for the purposes of this Act, and may define the areas within which they shall exercise their powers and perform their duties. 1. Subs. by the A.O. 1937, for G. G. in C.. 2. Subs. ibid., for any province. 14 (2) Every Registrar shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). STATE AMENDMENT Goa, Daman and Diu In exercise of power conferred under sub -section (1) of Section 57 of the Indian Partnership Act, 1932 (IX of 1932) (hereinafter referred to as the Act), the Government of Goa, in supersession of all earlier Notifications which may have been issued i n the context and which may render to be contradictory to present Notification hereby appoints the Officers shown in Column No. II of the table below as Registrar of Firms who shall exercise, perform and discharge the powers, functions and duties of the Re gistrar under the Act within the jurisdiction mentioned in Column No. III of the table below: Sr. No. Designation of Officer Jurisdiction I II III 1. Civil Registrar -cum-Sub-Registrar, Pernem Pernem Taluka 2. Jt. Civil Registrar -cum-Sub-Registrar -I, Bardez Bardez Taluka 3. Civil Registrar -cum-Sub-Registrar, Bicholim Bicholim Taluka 4. Civil Registrar -cum-Sub-Registrar, Sattari Sattari Taluka 5. Jt. Civil Registrar -cum-Sub-Registrar -I, Tiswadi Tiswadi Taluka 6. Jt. Civil Registrar -cum-Sub-Registrar -I, Ponda Ponda Taluka 7. Civil Registrar -cum-Sub-Registrar, Dharbandora Dharbandora Taluka 8. Jt. Civil Registrar -cum-Sub-Registrar -I, Mormugao Mormugao Taluka 9. Jt. Civil Registrar -cum-Sub-Registrar -I, Salcete Salcete Taluka 10. Civil Registrar -cum-Sub-Registrar, Quepem Quepem Taluka 11. Civil Registrar -cum-Sub-Registrar, Sanguem Sanguem Taluka 12. Civil Registrar -cum-Sub-Registrar, Canacona Canacona Taluka This Notification shall come into force with immediate effect. (Published in the Official Gazette Series I No. 49(Extraordinary) dated 7 -3-2019) (w.e.f. 8/42/2018 - LD(Estt)/469 dated 6-03-2019 ) 58. Application for registration. (1) The registration of a firm may be effected at any time by sending by post or delivering to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed fee, stating (a) the firm name, (b) the place or principal place of business of the firm, (c) the names of any other places where the firm carries on business, (d) the date when each partner joined the firm, (e) the names in full and perman ent addresses of the partners, and (f) the duration of the firm. The statement shall be signed by all the partners, or by their agents specially authori sed in thisbehalf. (2) Each person signing the statement shall also verify it in the manner prescribed. (3) A firm name shall not contain any of the following words, namely: 15 Crown , Emperor , Empress , Empire , Imperial , King , Queen , Royal , orwords expressing or implying the sanction, approval or patronage of1*** Government 2***,except 3[when the State Government] signifies 4[its] consent to the use of such words as part of the firm name by order in writing 5***. STATE AMENDMENT Goa, Daman and Diu The Government of Goa is hereby pleased to levy a non -refundable processing fee of Rs. 1,000/- (Rupees one thousand only) for processing the documents for registration of Partnership Firm under the Indian Partnership Act, 1932 (Central Act 9 of 1932). This Order shall come into force with effect from the 1st day of April, 2017. (Published in the Official Gazette Series I No. 52 (Extraordinary -2) dated 31 -3-2017) (w.e.f. 8-5-2017 - LD(Estt.) (C)/407 dated 31-3-2017 ) Uttarakhand Substitution of section 58. In the Indian Partnership Act, 1932, (hereinafter referred to as the Principal Act) section 58 shall be substituted as follows, namely: - 58. Application for registration .(1) The registration of a firm may be effected at any time by uploading on the website following statement in the prescribed online form and accompanied with prescribed fees to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, stating. (a) the firm name, (b) the place or principal place of business of the firm, (c) the names of any other places where the firm carries on business, (d) the date when each partner joined the firm, (e) the names in full and permanent addresses of the partners, a nd (f) the duration of the film. The statement shall be digitally signed by all the partners or by their agents specially authorized in this behalf. (2) The applicant, signing the statement shall also upload to the website, verifying the statement recorde d in the online format mentioned in sub -section (1), verifying it in the affidavit certified by the Notary on the non -judicial stamp paper of Rs. 10/. (3) The desired enclosed shall also be uploaded on website, by the applicant. (4) A firm name shall not c ontain the word Union, State, Land Mortgage, Land development, Cooperative, Gandhi, Reserve Bank or any of the words expressing or implying the sanction, approval or patronage of Government, except when the State Government signifies its consent to the use of such words as part of the firm name by order in writing. (5) The prescribed fee of registration shall be submitted online after the online approval given by the Registrar. 1. The words the Crown or the Central Government or any Provincial omitted by the A. O. 1950. The words the CentralGovernment or any Provincial Government or the Crown Representative were subs. by the A. O. 1937 for the G. of I. or a L. G. 2. The word s or the Crown Representative omitted by the A.O. 1948. 3. Subs. by the A.O. 1937, for when the G.G. in C.. 4. Subs. ibid. for his 5. The words under the hand of one of the Secretaries to the G. of I. omitted, ibid. 16 (6) After submitting the prescribed registration fee the digitally signed regist ration certificate may be downloaded from the website by the applicant. [Vide Uttarakhand Act 5 of 2019 , s. 2] Rajasthan Amendment of section 58, Central Act IX of 1932. For sub -section (3) of section 58 of the Indian Partnership Act, 1932 (Central Act IX of 1932), hereinafter referred to as the principal Act, the following sub-sections shall be substituted, namely : - "(3) No firm shall be registered by a name which, in the opinion of the State Government, is undesirable. (4) Except with the previous sanction in writing of the State Government, no firm shall be registered by a name which contains any of the following words, namely: - (a) 'Union', 'State', 'President', 'Republic' or any word expressing or implying the sanction, approval or patronage of t he Central or any State Government ; and (b) 'Municipal', 'Chartered' or any word which suggests or is calculated to suggest connection with any municipality or other local authority: Provided that nothing in this sub -section shall apply to any firm regis tered before the date of the commen cement of the Indian Partnership (Rajasthan Amendment) Act, 1971. " [Vide Rajasthan Act 10 of 1971, s. 2] 59. Registration. Where the Registrar is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in a register called the Register of Firms , and shall file the statement. STATE AMENDMENTS Karnataka Amendment of section 59A. In section 59A of the Indian Partnership Act, 1932 (Central Act IX of 1932), in sub -section (1), for the words by reason of the reorganization of States, the words, figures and brackets by reason of the addition of the Bellary District to the State of Mysore under the Andhra State Act, 1953 (Central Act XXX of 1953), or of the reorganization of States under the States Reorganisation

1953 (Central Act XXX of 1953), or of the reorganization of States under the States Reorganisation Act, 1956 (Central Act 37 of 1956) shall be substituted. [Vide Karnataka Act 19 of 1961, s. 2] Maharashtra Amendment of section 59A -1 of IX of 1932. -In section 59A -1 of the Indian Partnership Act, 1932 (IX of 1932), in its application to the State of Maharashtra (hereinafter referred to as "the principal Act"), for the words "one hundred rupees" the words "one thousand rupees" shall be substituted . [Vide Maharashtra Act 16 of 2018, s. 2] Goa, Daman and Diu As required under the Ease of Doing Business, Government of Goa, Law (Establishment) Division and Registration Department hereby mandates Registration of Partnership Firms shall be accepted and processed Online only without requiring the applicant to submit a physical copy of the application or associated supporting documentation including executed deed of Partnership. The department staff (all Sub -Registrar Officers) are hereby instructed to process application through the online mode only. Further, it is also mandated that all queries against applicants, applications (if any) should be submitted to the applicants only once and within 7 days of receipt of the application. This Notification shall come into force with effect from 8th of March, 2019. 17 This issues in supersession to earlier Notification of even number dated 11 -12-2018 and all the Partnership Firms registration initiated under Online Partnership Registration Web Application/Website (https://partnership.goa.gov.in). (Published in the Official Gazette Series I No. 49(Extraordinary) dated 7 -3-2019) (w.e.f. 8/8/2018 - LD(Estt)/470 dated 7th March 2019. ) 60. Recording of alterations in firm name and principal place of business. (1) When an alteration is made in the firm name or in th e location of the principal place of business of a registered firm, a statement may be sent to the Registrar accompanied by the prescribed fee, specifying the alteration, and signed and verified in the manner required under section 58. (2) When the Registr ar is satisfied that the provisions of sub -section ( 1) have been duly complied with, he shall amend the entry relating to the firm in the Register of Firms in accordance with the statement, and shall file it along with the statement relating to the firm fi led under section 59. 61. Noting of closing and opening of branches. When a registered firm discontinues business at any place or begins to carry or business at any place, such place not being its principal place of business, any partner or agent of the fi rm may send intimation thereof to the Registrar, who shall make a note of such intimation in the entry relating to the firm in the Register of Firms, and shall file the intimation along with the statement relating to the firm filed under section 59. 62. Noting of changes in names and addresses of partners. When anypartner in a registered firm alters his name or permanent address, an intimation of the alteration may be sent by any partner or agent of the firm to the Registrar, who shall deal with it in the manner provided in section 61. 63. Recording of changes in and dissolution of a firm. Recording of withdrawal of a minor. (1) When a change occurs in the constitution of a registered firm any incoming, continuing or outgoing partner, and when a registe red firm is dissolved any person who was a partner immediately before the dissolution , or the agent of any such partner or person specially authorised in this behalf, may give notice to the Registrar of such change or dissolution, specifying the date there of; and the Registrar shall make a record of the notice in theentry relating to the firm in the Register of Firms, and shall file the notice along with the statement relating to the firm filed under section 59. (2) When a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner, and the firm is then a registered firm, he, or his agent specially authorised in this behalf, may give notice to the Registrar that he has or has not become a partner, and the Registrar shall deal with the notice in the manner provided in sub -section ( 1) 64. Rectification of mistakes. (1) The Registrar shill have power at all times to rectify any mistake in order to bring the entry in the Register of Firms relating to any firm into conformity with the documents relating to that firm filed under this Chapter. (2) On application made by all the parties who have signed any document relating to a firm filed under this Ch apter, the Registrar may rectify any mistake in such document or in the record or note thereof made in the Register of Firms. 65. Amendment of Register by order of Court. A Court deciding any matter relating to a registered firm may direct that the Registr ar shall make any amendment in the entry in the Register of Firms relating to such firm which is consequential upon its decision; and the Registrar shall amend the entry accordingly. 66. Inspection of Register and filed documents. (1) The Register of Firms shall be open to inspection by any person on payment of such fee as may be prescribed. (2) All statements, notices and intimations filed under this Chapter shall be open to inspection, subject to such conditions and on payment of such fee as may be prescr ibed. 67. Grant of copies. The Registrar shall on application furnish to any person, on payment of such fee as may be prescribed, a copy, certified under his hand, of any entry or portion thereof in the Register of Firms. 18 STATE AMENDMENT Uttarakhand Subs tituted of section 67. In Principal Act, section 67 shall be substituted as follow, namely: -- 67. Grant of copies. The Registrar shall on online application furnish to any person, on payment of such fee as may be prescribed , a copy digitally certified under his hand of any entry or portion thereof in the register of firms. [Vide Uttarakhand Act 5 of 2019, s. 3] 68. Rules of evidence .(1) Any statement, intimation or notice recorded or noted in the Register of Firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was signed, be conclusive proof of any fact therein stated. (2) A certified copy of an entry relating to a firm in the Register of Firms may be produced in proof of the fact of the registration of such firm, and of the contents of any statement, intimation or notice recorded or noted therein. STATE AMENDMENT Uttarakhand Amendment of section 68 .In Principal Act, sub -section (1) of section 68 shall be substituted as follows, namely: -- 68. Rules of Evidence :--(1) Any statement, intimation or notice recorded or noted in the register of Firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was digitally signed, be conclusive proof of any fact therein stated. [Vide Uttarakhand Act 5 of 2019, s. 4] 69. Effect of non -registration .(1) No suit to enforce a right arising from a contract or conferred by this Act shall be institutes in any Court by or on behalf of any person suing as a partner in a fi rm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm. (2) No suit to enforce a tight arising from a contract shall be instituted in any Court by or on behalf of a firm against an y third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm. (3) The provisions of sub -sections ( 1) and ( 2) shall apply also to a claim of set -off or other proceeding to enforce a right arising from a contract, but shall not affect (a) the enfor cement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or a ay right o r power to realise the property of a dissolved firm, or (b) the powers of an official assignee, receiver or Court under the Presidency -towns Insolvency Act, 190 9 (2 of 1909), or the Provincial Insolvency Act, 1920 (5 of 1920), to realise the property of an insolvent partner. (4) This section shall not apply (a) to firms or to partners in firms which have no place of business in 1[the territories to which this Act extends], or whose places of business in 2[the said territories] are situated in areas to whi ch, by notification under 3[section 56], this Chapter does not apply, or (b) to any suit or claim of set -off not exceeding one hundred rupees in value which, in the Presidency -towns, is not of a kind specified in section 19 of the Presidency Small Cause Co urts Act, 1882 (15 of 1882), or, outside the Presidency -towns, is not of a kind specified in the Second Schedule to the Provincial Small Cause Courts Act, 1887 (9 of 1887), or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim. 1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for Part A States and Part C States. 2. Subs. by s. 3 and the Schedule, ibid.,for such States. 3. Subs. by Act 24 of 1934, s. 2 and the First Schedule, for section 55. 19 STATE AMENDMENT Maharashtra Substitution of section 69A of IX of 1932 .--For section 69A of the principal Act, the following section shall be substituted, namely: -- "69A. Charges for delay in compliance of section 60, 61, 62 or 63 .--If any statement, intimation or notice under section 60, 61, 62 or as the case may be, 63, in respect of any registered firm is not sent or given to the Registrar, within the period specified in that section, the Registrar may, make suitable amendments i n the records relating to the firm, upon payment of charges for delay in sending or giving the same, at the rate of rupees two thousand per year or part thereof in respect of the period between the date of expiry of the period specified in that section and the date of making the payment. . [Vide Maharashtra Act 16 of 2018, s. 3] 70. Penalty for furnishing false particulars. Any person who signs any statement, amending statement, notice or intimation under this Chapter containing any particular which he knows to be false or does not believe to be true, or containing particulars which he knows to be incomplete or does not beli eve to be complete, shall be punishable with imprisonment which may extend to three months, or with fine, or with both. 71. Power to make roles. (1) The 1[State Government] 2[may by notification in the Official Gazette make rules] prescribing the fees whi ch shall accompany documents sent to the Registrar of Firms, or which shall be payable for the inspection of documents in the custody of the Registrar of Firms, or for copies from the Register of Firms: Provided that such fees shall not exceed the maximum fees specified in Schedule I. (2) The State Government may 3[also] make rules (a)prescribing the form of statement submitted under section 58, and of the verification thereof; (b) requiring statements, intimations and notices under sections 60, 61, 62 a nd 63 to be in prescribed form,and prescribing the form thereof; (c) prescribing the form of the Register of Firms, and the mode in which entries relating to firms are to be made therein, and the mode in which such entries are to be amended or notes made t herein; (d) regulating the procedure of the Registrar when disputes arise; (e) regulating the filing of documents received by the Registrar; (f) prescribing conditions for the inspection of original documents; (g) regulating the grant of copies; (h) regulating the elimination of registers and documents; (i) providing for the maintenance and form of an index to the Register of Firms; and (j) generally, to carry out the purposes of this Chapter. (3) All rules made under this section shall be subject to the condition of previous publication. 4[(4) Every rule made by the State Government under this section shall be laid, as soon as it is made, before the State Legislature.] CHAPTER VIII SUPPLEMENTAL 72. Mode of giving public notice. A public not ice under this Act is given (a) where it relates to the retirement or expulsion of a partner from a registered firm, or to the dissolution of a registered firm, or to the election to become or not to become a partner in a registered firm by a person attaining majority who was admitted as a minor to the benefits of partnership, by 1. Subs. by the A.O. 1937, for G.G. in C.. 2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for may make rules (w.e.f. 15 -3-1984). 3. Ins. by the A.O. 1937. 4. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15 -3-1984). 20 notice to the Registrar of Firms under section 63, and by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business, and (b) in any other case, by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business. 73. [Repeals.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch edule . 74. Savings. Nothing in this Act or any repeal effected thereby shall affect or be deemed to affect (a) any right, title

. Savings. Nothing in this Act or any repeal effected thereby shall affect or be deemed to affect (a) any right, title, interest, obligation or liability already acquired, accrued o r incurred before the commencement of this Act, or (b) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability, or anything done or suffered before the commencement of this Act, or (c) anything done or suffered before the commencement of this Act, or (d) any enactment relating to partnership not expressly repealed by this Act, or (e) any rule of insolvency relating to partnership, or (f) any rule of law not inconsistent with this Act. _____ 21 SCHEDULE I MAXIMUM FEES [See sub-section ( 1) of section 71.] Document or act in respect of which the fee is payable Maximum fee Statement under section 58 ... Three rupees. Statement under section 60 ... One rupee. Intimation under section 61 ... One rupee. Intimation under section 62 .. One rupee. Notice under section 63 . One rupee. Application under section 64 One rupee. Inspection of the Register of Firms under Eight annas for inspecting one sub-section ( 1) of section 66 . volume of the Register. Inspection of documents relating to a firm Eight annas for the inspection under sub -section ( 2) of section 66 . .. of all documents relating to onefirm. Copies from the Register of Firms Four annas for each hundred words of part thereof. STATE AMENDMENTS Karnataka Amendment of Schedule I. In schedule I to the Indian Partnership Act, 1932 (Central Act 9 of 1932), (1) for the words Three rupees and Four annas, where they occur, the words one hundred rupees, and one rupees, shall respectively be substituted; (2) for the words One rupee appearing against Statement under section 60, the words, fifty rupees , shall be substituted; (3) for the words One rupee appearing against Intimation under section 61, Intimation under 62 and Notice under section 63 and application under section 64, the words Twenty five rupees shall respectively be substituted . (4) for the words, Eight annas appearing against Inspection of the Register of Firms under sub - section (1) of section 66, the words, Twenty rupees, shall be substituted; (5) for the words, Eight annas, appearing against Inspection of documents r elating to a firm under sub-section (2) of section 66, the words Ten rupees shall be substituted. [Vide Karnataka Act 1 of 1987, s. 2]. 22 STATE AMENDMENT Kerala Substitution of new Schedule for Schedule I. -In the Indian Partnership Act, 1932 (Central Ac t 9 of 1932), for Schedule I, the following Schedule shall be substituted, namely SCHEDULEI MaximumFees [See sub-section (1) of section 71] Document or act in respect of which the fee is payable Maximum fee Statement under section 58 Five hundred rupees. Statement under section 60 Two hundred rupees. Intimation under section 61 Two hundred rupees. Intimation under Section 62 Two hundred rupees Notice under section 63 Two hundred rupees Application udner section 64 Two hundred rupees Inspection of the Register of Firms under sub -section (1) of section 66 Fifty Rupees for inspecting one volumn of theRegister. Inspection of documents relating to a firm under sub - section (2) of section 66 One hundred rupees for the inspection of all documents relating to one firm. Copies from the Register of Firms One hundred rupees for each hundred words or a part thereof. [Vide Kerala Act 32 of 2013, s. 2] Kerala Substitution of new Schedule for Schedule I. -In the Indian Partnership Act, 1932 (Central Act 9 of 1932), for Schedule I, the following Schedule shall be substituted, namely: - SCHEDULE I Maximum Fees [See sub-section (1) of section 71] Document or act in respect of which the fee is payable Maximum fee Statement under section 58 Fifteen rupees Statement under section 60 Five rupees Intimation under section 61 Five rupees Intimation under section 62 Five rupees Notice under section 63 Five rupees Application under section 64 Five rupees Inspection of the Register of Firms under sub -section (1) of section 66 Two rupees for inspecting one volume of the Register Inspection of documents relating to a firm under sub - section (2) of section 66 Two rupees for the inspection of all documents relating to one firm Copies from the Register of Firms Fifty paise for each hundred words or part thereof. [Vide kerala Act 25 of 1973, s. 2] 23 Rajasthan Substitution of Schedule I to the Central Act IX of 1932. In Schedule I of Indian Partnership Act, 1932 (Central Act IX of 1932), for Schedule I, as existing in the application thereof to the State of Rajasthan, the following shall be substituted, namely: - "SCHEDULE -I Maximum Fees [See sub-section (1) of Section 71 ] Document or Act in respect of which the fee is payable. Maximum Fee 1 2 3 1. Statement under Section 58 Hundred Rupees 2. Statement Under Section 60 Thirty Rupees 3. Intimation Under Section 61 Thirty Rupees 4. Intimation Under Section 62 Thirty Rupees 5. Notice Under Section 63 Thirty Rupees 6. Application Under Section 64 Thirty Rupees 7. Inspection of the Register of Firms Under Sub-Section (1) of Section 66 Twenty Ruppes for inspection of one volume of register 8. Inspection of documents relating to a firm under sub -section (2) of Section 66 Twenty Rupees for inspection of all documents relating to one firm 9. Copies from the Register of Firms Six Rupees for each hundred words or part thereof. [Vide Rajasthan Act 8 of 1996, s. 2 ] Substitution of new Schedule for Schedule I to Central Act IX of 1932. For Schedule I to the principal Act, the following Schedule shall be substituted, namely: - 24 "SCHEDULE I Maximum Fees . (See sub -section (1) of section 71 ) Document or act in respect of which the fee is payable. 1 Maximum fee . 2 1. Statement under section 58 . Fifteen rupees. 2. Statement under section 60 . Five rupees . 3. Intimation under section 61 . Five rupees . 4. Intimation under section 62 . Five rupees . 5. Notice under section 63 . Five rupees . 6. Application under section 64 . Five rupees . 7. Inspection of the register of firms Two rupees , for inspecting under sub -section (1) of section 66 . one volume of Register . 8. Inspection of documents relating to a firm Two rupees for inspecti on under Sub -section (2) of section 66 . of all documents relating to one firm . 9. Copies from the register of firms . Two rupees for each hundred words or part thereof. [Vide Rajasthan Act 10 of 1971, s. 2] Substitution of S chedule I to the Central Act IX of 1932. -In Schedule I of Indian Partnership Act, 1932 (Central Act IX of 1932), for Schedule I, as existion in the application thereof to the State of Rajasthan, the following shall be substituted, namely: "SCHEDULE -I Maximum Fees [See sub -section (1) of section 71] S. No. Document or act in respect of which the fee is payable Maximum Fee 1. 2. 3. 1. Statement under section 58 Three hundred rupees 2. Statement under section 60 One hundred rupees 3. Intimation under section 61 One hundred rupees 4. Intimation under section 62 One hundred rupees 5. Notice under section 63 One hundred rupees 25 6. Application under section 64 One hundred rupees 7. Inspection of the Register of firms under sub -section (1) of section 66 One hundred rupees for inspection of one volume of Register 8. Inspection of documents relating to a firm under sub - section (2) of section 66 One hundred rupees for inspection of all documents relating to one firm 9. Copies from the Register of firms Fifteen rupees for each hundred words or part thereof." [Vide Rajasthan Act 7 of 2007, s. 2] Gujarat Substituted of Schedule of I of 9 of 1932. In the Indian Partnership Act, 1932 (9 of 1932), in its application SHEDULE I MAXIMUM FEES (See sub-section (1) of section 71) Document or act in respect of which the fee is payable Maximum fee Statement under section 58 Three hundred rupees Statement under section 60 One hundred fift y rupees Statement under section 61 One hundred fifty rupees Statement under section 62 One hundred fifty rupees Notice under section 63 One hundred fifty rupees Application under section 64 One hundred fifty rupees Inspection of the Register of Firms under sub -section /1) of section 66 Fifty rupees for inspecting one volume of the register Inspection of documents relating to a firm under sub -section /2) of section 66 Fifty rupees for inspection of all documents relating to one firm Copies from the Register of Firms Fifty rupees for each hundred words or part thereof.". [Vide Gujarat Act 25 of 2019 , s. 2] 26 SCHEDULE II [Enactments Repealed .] Rep. by Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule. ______

THE ANAND MARRIAGE ACT, 1909 ACT NO. 7 OF 19091 [22nd October, 1909 .] An Act to remove doubts as to the validity of the marriage ceremony common among the Sikhs called Anand . WHEREAS it expedient to remove any doubts as to the validity of the marriage ceremony common among the Sikhs called Anand; it is hereby enacted as follows: 1. Short title and extent .(1) This Act may be called the Anand Marriage Act, 1909; and. (2) Its extends to the whole of India 2***. 2. Validity of Anand marriages. All marriages which may be or may have been duly solemnized according to the Sikh marriage ceremony called Anand 3[(commonly known as Anand Karaj)] shall be, and shall be deemed to have been with effect from the date Of the solemnization or each respectively, good and valid in law. 3. Exemption of certain marraiges from Act. Nothing in this Act shall apply to (a) any marriage between persons not professing the Sikh religion, or (b) any marriage which has been judically declared to be null and void. 4. Saving of marriages solemnized according to other ceremonies. Nothing in this Act shall affect the validity of any marriage duly solemnized according to any other marriage ceremony customary among the Sikhs. 5. Non -validation of marriages within prohibi ted degrees. Nothing in this Act shall be deemed to validate any marriage between persons who are related to each other in any degree of consanguinity or effinity which would, according to the customary law of the Sikhs, render a marriage between them illegal. 4[6. Registration of marriages .(1) For the purposes of facilitation of proof of marriage ceremony (commonly known as Anand Karaj) customary among the Sikhs, the State Government shall, without prejudice to anything contained in the Hindu Marriage Act , 1955 (25 of 1955 ) or any other law for the time being in force, make rules providing that the parties to any such marriage [whether solemnized before or after the commencement of the Anand Marriage (Amendment) Act, 2012], may have the particulars relatin g to their marriage entered, in such manner and subject to such conditions as may be provided in the said rules, in a Marriage Register kept by such officer of the State Government or of a local authority authorised by the State Government, by notification in the Official Gazette, in this behalf. (2) The Marriage Register shall, at all reasonable times, be open for inspection, and shall be admissible as evidence of the statements contained therein and certified extracts therefrom shall, on an application, b e given by the Registrar to the parties to the marriage on payment of such fees as may be provided in the rules. (3) Notwithstanding anything contained in this section, the validity of any Anand Marriage solemnized shall in no way be affected by the omissi on to make an entry in the Marriage Register. (4) Every rule made by the State Government under this section shall be laid before the State Legislature, as soon as may be, after they are made. 1. The Act has extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and first Schedu le (w.e.f. 1 -7-1965). 2. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019) . 3. Ins. by Act 29 of 2012, s. 2 (w.e.f. 1 -11-2013). 4. Ins. by s. 3, ibid. (w.e.f. 1 -11-2013). 3 (5) The parties to the marriage, whose marriage has been regis tered under this Act, shall not be required to get their marriage registered under any other law for the time being in force (including State Act).] __________

POLICE ACT, 1983 (1927 A. D.) 5 THE POLICE ACT, 1983 (1927 A.D.) (Act No. II of Samvat 1983) [Sanctioned by Highness the Maharaja Bahadur in Council, vide State Council Resolution No.CXII, dated 29th January, 1927 and published in Government Gazette dated 22 nd Chet, 1983.] Whereas it is expedient to re-organize the police and to make it a more efficient instrument for the prevention and detection of crime ; It is hereby enacted as follows: 1. Short title . This Act may be called the Police Act, 1983. 12. Commencement . This Act shall come into force on and from the date of its third publication in the Jammu and Kashmir Government Gazette. 3. Repeal . The police Act No. I of 1905 is hereby repealed. 4. Interpretation clause . The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say, the words District Magistrate shall mean the chief officer charged with the executive administration of a district and 2[exercising the powers of an Executive Magistrate] by whatever designation the chief officer charged with such executive administration is styled ; the word Magistrate shall include all persons within the general police district, exercising all or any of the powers of a Magistrate ; the word police shall include all persons who shall be enrolled under this Act ; the word general police district shall embrace the local area within the State, in which this Act shall be ordered to take effect ; the words Superintendent and Superintendent of police shall include any Assistant Superintendent or other person appointed by general or special order of 3[the Government] to perform all or any of the duties of a Superintendent of Police under this Act in any district or part of a district ; 1.The Act came into force from 6th Baisakh, 1984, the dtae of its third publication. 2.Substituted by Act XL of Svt. 1996. 3.In sections 4, 5, 6, 7, 8, 12, 13, 15, 16, 17, 26, 36, 42, 43 and 44 the words the Government substituted for the words His Highness the Maharaja Bhadur in Council by Act X of Svt.1996. 6 POLICE ACT, 1983 (1927 A. D.) the word property shall include any movable property, money or valuable security ; words importing the singular number shall include the plural number and words importing the plural number shall include the singular number ; words importing the masculine gender shall include females ; the word person shall include a company or corporation ; the word *month shall mean a *Hindi calendar month ; the word cattle shall, besides horned cattle, includes elephants, camels, horses, asses, mules, sheep, goats and swine. 5. Constitution of the force . The entire police establishment under the general police district, shall, for the purposes of this Act, be and deemed to be one police force, and shall be formally enrolled ; and shall consist of such number of officers and men, and shall be constituted in such manner, and the members of such force shall receive such pay, as shall from time to time be ordered by 1[the Government]. 6. Superintendence in the Government . No person, Court or officer shall have authority to appoint, supersede, or control any police functionary except as authorised by this Act : Provided that, nothing herein contained shall be deemed to affect in any way the powers of superintendence and control vested in 1[the Government]. 7. Inspector General of Police, etc . (1) The administration of the police throughout the general police district shall be vested in 2[an officer to be styled the Inspector General of Police and in such Deputy Inspectors General and Assistant Inspectors General as the Government may specify in this behalf]. The administration of the police throughout the local jurisdiction of the District Magistrate shall, under the general control and direction of such Magistrate, be vested in a Superintendent and such Assistant and Deputy superintendents, as 3[the Government] shall consider necessary. The Inspector General and the Superintendents of police shall from time to time be appointed by the Government and may be removed by the same authority. 1.See foot note under section 4. 2.Substituted by Act XIV of 1960. 3.In section 7 the Government substituted for the words Member-in-charge of the Police Department by Act X of Svt. 1996. * Under General Clauses Act, month is reckoned according to Georgeon calander. POLICE ACT, 1983 (1927 A. D.) 7 The Assistant Superintendents and Deputy Superintendents shall from time to time be appointed by 1[the Government] and may be removed by the same authority. 2[(2) The Government may from time to time appoint one or more officers to be designated as Deputy Inspectors General of Police 3[or Assistant Inspectors General of Police for the discharge of such functions under this Act as may be assigned to them by the Inspector General of Police]. 4[8. Appointment, dismissal, etc., of inferior officers . Subject to the provisions of section 126 of the Constitution of Jammu and Kashmir and to such rules as the Government may from time to time make under this Act, the Inspector General, Deputy Inspectors General, Assistant Inspectors General and Superintendents of Police may at any time dismiss, suspend or reduce any police officers of subordinate rank whom they may think remiss or negligent in the discharge of his duty or unfit for the same ; or may award any one or more of the following punishments to any Police Officer of the subordinate rank who is found to have discharged his duty in a careless or negligent manner or who by any act of his own renders himself unfit for the discharge thereof, namely : (a) fine to any amount not exceeding one months pay ; (b) confinement to quarters for a term not exceeding fifteen days, with or without punishment, drill, extra guard, fatigue or other duty ; (c) deprivation of good conduct pay ; and (d) removal from any office of distinction or special emolument]. 9. Certificate to police officers . 5[Every Police officer appointed to the Police Force other than an officer mentioned in section 7 shall receive on his appointment] a certificate in the form annexed to this Act, under the seal of the Inspector General of Police or such other officer as the Inspector General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a Police Officer. Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a Police Officer, and, on his ceasing to be such an 1.In section 7 the Government substituted for the words Member-in-charge of the Police Department by Act X of Svt. 1996. 2. Existing section 7 numbered as sub-section (1) and sub-section (2) added Act XLII of Svt. 2011. 3. Inserted by Act XV of 1958. 4. Section 8 substituted by Act XIV of 1960. 5. Substituted ibid. 8 POLICE ACT, 1983 (1927 A. D.) officer, shall be forthwith surrendered by him to any officer empowered to receive the same. A Police officer shall not by reason of being suspended from office cease to be a Police officer. During the term of such suspension the powers, functions and privileges vested in him as a Police Officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities, as if he had not been suspended. 1[10. Police officer not to resign without leave or two months notice . No Police Officer shall be at liberty to withdraw himself from the duties of his office, unless expressly allowed to do so by the Superintendent or by some other officer authorised to grant such permission or without the leave of the Superintendent, to resign his office, unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign. 11. Police officers not to engage in other employment . No police Officer shall engage in any employment or office whatever other than his duties under this Act, less expressly permitted to do so in writing by the Inspector General. 12. Power of Inspector General to make rules . The Inspector General of Police may, from time to time, subject to the approval of 2[the Government], frame such orders and rules as it shall deem expedient relative to the organisation, classification and distribution of the Police force, the places at which the members of the force shall reside, and the particular services to be performed by them ; their inspection, the description of arms, accoutrements and other necessaries to be furnished to them ; the collecting and communicating by them of intelligence and information ; and all such other orders and rules relative to the Police Force as the Inspector General shall, from time to time, deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties. 13. Additional Police officer employed at cost of individuals . It shall be lawful for the Inspector General of Police 3[or any Deputy Inspector General] or for the Superintendents, subject to the general direction of the District Magistrate, on the application of any person showing the necessity thereof, to depute any additional number of Police Officers to keep the peace at any place within the general police district, and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the Superintendent, and shall be at the charge of the person making the application : 1. See also Ordinance III of Samvat 2000. 2. See footnote under section 4. 3. Inserted by Act XIV of 1960. POLICE ACT, 1983 (1927 A. D.) 9 Provided that, it shall be lawful for the person on whose application such deputation shall have been made, on giving one months notice in writing to the Inspector General 1[or any Deputy Inspector General] or to the Superintendent, to require that the Police Officers so deputed shall be withdrawn ; and such person shall be relieved from the charge of such additional force from the expiration of such notice. 14. Appointment of additional force in the neighbourhood of railway and other works . Whenever any railway, canal or other public works, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the country, and it shall appear to the Inspector General that the employment of an additional police force in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector General, with the sanction of 2[the Government] to depute such additional force to such place and employ the same so long as such necessity shall continue, and to make orders, from time to time , upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of extra force so rendered necessary and such person shall thereupon cause payment to be made accordingly. 15. Quartering of additional police in disturbed or dangerous districts . (1) It shall be lawful for 2[the Government], by proclamation to be notified in the Jammu and Kashmir Gazette, and in such other manner as the Government shall direct, to declare that any area within the State has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any class or section of them, it is expedient to increase the number of police. (2) It shall thereupon be lawful for the Inspector General of Police, or other officer authorised by 2[the Government] in this behalf, to employ any police force in addition to the ordinary fixed compement to be quartered in the area specified in such proclamation as aforesaid. (3) Subject to the provisions of sub section (5) of this section, the cost of such additional police force shall be borne by the inhabitants of such area described in the proclamation. (4)The District Magistrate, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have been exempted under the next succeeding sub-section. Such apportionment shall be made according to the Magistrates judgement of the respective means within such area of such inhabitants. 1. Inserted by Act XIV of 1960. 2. See footnote under section 4. 10 POLICE ACT, 1983 (1927 A. D.) 1. See foot note under section 4.(5)It shall be lawful for the Government by order to exempt any persons or class or section of such inhabitants from liability to bear any portion of such cost. (6) Every proclamation issued under sub-section (1) of this section shall state the period for which it is to remain in force, but it may be withdrawn at any time or continued from time to time for a further period or periods as 1[the Government] may in each case think fit to direct. Explanation. For the purposes of this section, inhabitants shall include person who themselves or by their agents or servants occupy or hold land or other immovable property within such area, and landlords who themselves or by their agents or servants collect rent, direct from ryots or occupiers in such area, notwithstanding that they do not actually reside therein. 16. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land. (1) If any area in regard to which any proclamation notified under the last preceding section is in force, death or grevious hurt or loss of, or damage to, property has been caused by or has ensured from the misconduct of the inhabitants of such area or any class or section of them, it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of injury or such shorter period as may be prescribed, an application for compensation to the District Magistrate or to the Sub-Divisional Magistrate within the local limits of whose jurisdiction such area is situated. (2) It shall thereupon be lawful for the District Magistrate with the sanction of 1[the Government ] after such enquiry as he may deem necessary, and whether any additional police force has or has not been quartered in such area under the last preceding section, to : (a) declare the persons to whom injury has been caused by or has ensured from such misconduct ; (b) fix the amount of compensation to be paid to such person and the manner in which it is to be distributed among them ; and (c) assess the proportion in which the same shall be paid by the inhabitant of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub-section : Provided that, the Magistrate shall not make any declaration or assessment under this sub-section, unless he is of opinion that such injury as aforesaid has POLICE ACT, 1983 (1927 A. D.) 11 arisen from a riot or unlawful assembly within such area , and that the persons who suffered the injury was himself free from blame in respect of the occurrences which led to such

within such area , and that the persons who suffered the injury was himself free from blame in respect of the occurrences which led to such injury. (3) It shall be lawful for 1[the Government], by order, to exempt any person or class or section of such inhabitants from liability to pay any portion of such compensation. (4) Every declaration or assessment made or order passed by the District Magistrate under sub-section (2) shall be subject to revision by the Government but save as aforesaid shall be final. (5) No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section. Explanation .In this section the word inhabitants shall have the same meaning as in the last preceding section. 17. Recovery of moneys payable under sections 13,14,15 and 16 and disposal of same when recovered . (1) All moneys payable under sections 13,14,15 and 16 shall be recoverable by the District Magistrate in the manner provided by sections 386 and 387 of the Code of Criminal Procedure, for the recovery of fines, or by suit in any competent Court. (2) All moneys paid or recovered under sections 13,14 and 15 shall be credited to a fund to be called The General Police Fund and shall be applied to the maintenance of the Police force under such orders as 1[the Government] shall pass. (3) All moneys paid or recovered under section 16 shall be paid by the District Magistrate to the persons to whom and in the proportions in which the same are payable under that section. 18. Special Police officers . When it shall appear that nay unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the Police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any Police officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such Police officer may require to act as Special Police officers for such time and within such limits as he shall deem necessary ; and 1. See foot note under section 4. 12 POLICE ACT, 1983 (1927 A. D.) 1. Substituted by Act XL of 1966.the Magistrate to whom such application is made shall unl ess he see cause to the contrary comply with the application. 19. Powers of Special Police Officers . Every special Police Officer so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities as the ordinary officers of Police. 20. Refusal to serve as Special Police Officers . If any person being appointed a Special Police Officer as aforesaid shall, without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a 1[Judicial Magistrate] to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience. 21. Authority to be exercised by Police officers . Police officers enrolled under this Act shall not exercise any authority, except the authority provided for a Police officer under this Act and any Act or law for the time being in force, for regulating criminal procedure. 22. Village Police Officers . Nothing in this Act shall affect any hereditary or other Village Police officer, unless such officer shall be enrolled as a Police Officer under this Act. When so enrolled such officer shall be bound by the provisions of the last proceeding section. No hereditary or other Village Police officer shall be enrolled without his consent and the consent of those who have the right of nomination. 23. Police officers always on duty and may be employed in any part of district . Every Police officer shall, for all purposes in this Act contained, be considered to be always on duty, and may at any time be employed as a Police officer in any part of the general police district. 24. Duties of Police officers . It shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority, to collect and communicate intelligence affecting the public peace ; to prevent the commission of offences and public nuisances ; to detect and bring offenders to justice and to apprehended all persons whom he is legally authorised to apprehend, and for whose apprehension sufficient ground exists ; and it shall be lawful for every Police office, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking shop, gaming house or other place of resort of loose and disorderly characters. 25. Police officers may lay information, etc . It shall be lawful for any Police officer to lay any information before a Magistrate, and to apply for a POLICE ACT, 1983 (1927 A. D.) 13 summons, warrant, search-warrant or such other legal process as may by law issue against any person committing an offence. 26. Police officers to take charge of unclaimed property, and be subject to Magistrates orders as to disposal . (1) It shall be the duty of every Police officer to take charge of all unclaimed or ownerless property, and to prepare and furnish an inventory thereof to the District Magistrate or the Sub-Divisional Magistrate or 1[other Executive Magistrate] of the 1 st class having jurisdiction, empowered by 2[the Government] in this behalf. (2) Such inventory shall, if possible, be prepared when the Police officer takes charge of such property in the presence of two respectable persons of the locality. 27. Magistrate may detain property and issue proclamation . (1) Such Magistrate may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation. (2) The provisions of section 525 of the Code of Criminal Procedure, 1989, shall be applicable to property referred to in this section. (3) If within the period limited in such proclamation any claim is preferred to such property or proceeds thereof, such Magistrate may make such order as he thinks fit respecting the disposal of such property or proceeds or the delivery of such property or proceeds to the person, entitled to the possession thereof. 28. Confiscation of property if no claimant appears . If no person shall, within the period allowed, claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the preceding section, be sold under the orders of such Magistrate. (2) The sale proceeds of property sold under the pr eeeding sub-section and the proceeds of property sold under section 27 to which no claim has been established shall be kept in deposit in the State Treasury for a period of two years. If within the above-mentioned period of two years, a suit is brought claiming such property or the sale proceeds thereof, the order of the Civil Court competent to entertain and determine such suit regarding the disposal of such property or proceeds thereof shall be complied with. If no such suit is brought the deposit shall lapse to and remain at the disposal of the Government. 1. Substituted by Act XL of 1966. 2. See foot note under section 4. 14 POLICE ACT, 1983 (1927 A. D.) 1. Substituted by Act XL of 1966. 2. See also Ordinance III of Samvat 2000.29. Persons refusing to deliver up certificate etc., on ceasing to be Police officer . Every person having ceased to be an enrolled Police officer under this Act, who shall not forthwith deliver up his certificate, and the clothing, accoutrements, appointments and other necessaries which shall have been supplied to him for the execution of his duty, shall be liable on conviction before a 1[Judicial Magistrate] to a penalty not exceeding two hundred rupees, or to imprisonment for a period not exceeding six months, or to both. 230. Penalties for neglect of duty, etc . Every Police officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regula- tion or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice for the period of two months, or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave, or who shall engage without authority in any employment other than his police duty, shall be guilty of cowardice, or shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a 1[Judicial Magistrate], to a penalty not exceeding three months pay, or to imprisonment for a period not exceeding three months, or to both. 31. Regulation of public assemblies and processions, and licensing of same . (1) The Superintendent or Assistant Superintendent of Police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass. (2) He may also, on being satisfied that it is intended by any person or class of person to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgement of the District Magistrate or of the Sub-Divisional Magistrate, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a licence. (3) On such application being made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section ; provided that, no fee shall be charged on the application for, or grant of, any such licence. (4) Music in the streets . He may also regulate the extent to which music may be used in the streets on the occasion of festivals and ceremonies. POLICE ACT, 1983 (1927 A. D.) 15 32. Power with regard to assemblies, processions violating conditions of licence . (1) 1[Any Executive Magistrate or Superintendent of Police or Assistant Superintendent of Police or Deputy Superintendent of Police or Inspector of Police or any Police officer in charge of a station may stop any procession which violates the conditions of a licence granted under the last forgoing section, and may order it or any assembly which violates any such conditions as foresaid to disperse. (2) Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub-section shall be deemed to be an unlawful assembly. 33. Police to keep order in public roads, etc . It shall be the duty of the police to keep order on the public roads, and in the public streets, thorough- fares, ghats and landing places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and procession on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing place may be thronged or may be liable to be obstructed. 34. Penalty for disobeying orders issued under last three sections, etc . Every person opposing or not obeying the orders issue under the last three preceding sections, or violating the conditions of any licence granted by the Superintendent or Assistant Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction before a 1[Judicial Magistrate] to a fine not exceeding 2[two hundred rupees]. 35. Saving of control of District Magistrate . Nothing 1[in sections 31, 32 and 33] shall be deemed to interfere with the general control of the District Magistrate over the matters referred to therein. 36. Punishment for certain offences on roads, etc., Powers of Police officers . Any person who, on any road or in any open place or street or thorough- fare within the limits of any town to which this section shall be specially extended by 3[the Government], commits any of the following damage of the residents or passengers shall, on conviction before a 1[Judicial Magistrate] be liable to a fine not exceeding 2[two hundred rupees], or to imprisonment not exceeding 8 days ; and it shall be lawful for any Police officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely : 1. Substituted by Act XL of 1966. 2. Substituted by Act XIV of 1960. 3. See footnote under section 4. 16 POLICE ACT, 1983 (1927 A. D.) 1. Section 37 omitted by Act XIV of 1960.First . Slaughtering cattle, furrious riding, etc.Any person who slaughters any cattle or cleans any carcass ; any person who rides or drives any cattle or vehicle recklessly or furiously, or trains or breaks any horse or other cattle ; Second . Cruelty to animals. Any person who want only or cruelly beats, abuses or tortures any animal ; Third . Obstructing passengers. Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner ass to cause inconvenience or danger to the public ; Fourth . Exposing goods for sale . Any person who exposes any goods for sale ; Fifth . Throwing dirt into streets . Any person who throws or lays down any dirt, filth, rubbish or any stones or building materials ; or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dung-heep or the like ; Sixth . Being found drunk or riotous . Any person who is found drunk or riotous or who is incapable of taking care of himself ; Seventh . Indecent exposure of person . Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose ; Eighth . Neglect to protect dangerous places . Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure. 137. Omitted. 38. Power to prosecute under other law not effected . Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Act or law for any offence made punishable by this Act, or from being liable under any other Act or law or any other or higher penalty or punishment than is provided for such offence by this Act : Provided that no person shall be punished twice for the same offence. POLICE ACT, 1983 (192

vided that no person shall be punished twice for the same offence. POLICE ACT, 1983 (1927 A. D.) 17 39. Rewards to police and informers . Rewards payable by law to informers shall, when the information is laid by a police officer, be paid to the credit of the State under the Head Police, but rewards payable by law for arrests shall, when the arrest is made by a Police officer, be paid to such officer. 40. Plea that act was done under warrant . When any action of prosecution shall be brought or any proceedings held against any Police officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of warrant issued by a Magistrate. Such plea shall be proved by the production of a warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine : Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section. 41. Police officers to keep diary . It shall be the duty of every officer- in-charge of a police station to keep a general diary in such form as shall, from time to time, be prescribed by the Government and to record therein all com- plaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of witnesses who shall have been examined. The District Magistrate shall be at liberty to call for and inspect such diary. 42. The Government may prescribe form of return . 1[The Government] may direct the submission of such returns by the Inspector General and other Police officers as may be deemed advisable and may prescribe the form in which such returns shall be made. 43. Scope of the Act . (1) This Act shall not by its own operation take effect in any province or place. But 1[the Government] by an order to be pub- lished in the Jammu and Kashmir Gazette may extend the whole or any part of this Act to any province or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such province or place. 1. See footnote under section 4. 18 POLICE ACT, 1983 (1927 A. D.) 1. See foot note under section 4.(2) When the whole or any part of this Act shall have been so extended, 1[the Government] may, from time to time, by notification in the Jammu and Kashmir Government Gazette, make rules consistent with this Act, (a) to regulate the procedure to be followed by the Magistrate and Police officers in the discharge of any duty imposed upon them by or under this Act ; (b) to prescribe the time, manner and conditions within and under which claims for compensation under section 16 are to be made, the par- ticulars to be stated in such claims, the manner in which the same are to be verified, and the procedings (including local enquiries if necessary) which are to be taken consequent thereon ; and (c) generally, for giving effect to the provisions of this Act. (3) All rules made under this Act may from time to time be amended, added to or cancelled by 1[the Government]. 44. Authority of Superintendent of Police over Village Police . It shall be lawful for 1[the Government] in carrying this Act into effect in any part of the State to declare that any authority which now is or may be exercised by the District Magistrate over any village watchman or other Village Police officer for the purposes of police, shall be exercised, subject to the general control of the District Magistrate, by the Superintendent of Police. FORM [See Section (9)] A.B. has been appointed a member of the Police force under Act II of 1983 and is vested with the powers, functions and privileges of a Police officer.

1 THE CENTRAL WAKF COUNCIL PROPOSED RULES, 1998 In exercise of the powers conferred by sub -sections (1) and (2) of section 12 of the Wakf Act,1995 (43 of 1995), the Central Government hereby makes the following rules, namely: - 1.Short title and commenceme nt.-(1)These rules may be called the Central Wakf Council Rules, 1998. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Defin itions. - In these rules, unless the context otherwise requires, - (a) Act means the Wa kf Act, 1995 (43 of 1995) ; (b) Chairperson means the Chairperson of the Council; (c) Council means the Central Wakf Council established under section 9 of the Act; (d) Fund means the Central Wakf Fund formed under sub -section (2) of section 10 of the Act; (e) Membe r means a member of the Council; (f) Secretary means the Secretary of the Council. 3. Register of Members .-(1) The Council shall maintain a roll of members indicating their name, occupation and address and every member shall sign the same. (2) The member of the Council shall intimate the change of his address, if any, to the Secretary of the Council who shall cause to make the entry in the roll of members. 4. Term of office, resignation and removal of members .- (1) Save as otherwise provided in these rul es, every member shall hold office for a term of five years from the date on which he assumed such office and shall be eligible for re appointment. (2) A member may resign his office by writing under his hand address to the Central Government and such res ignation shall take effect from the date on which it is accepted by the Central Government or on the expiry of thirty days from the date of resignation, whichever is earlier. (3) The Central Government may remove a member from the Council if he (a) beco mes an undischarged insolvent; (b) is, in the opinion of the Central Government, unfit to continue in office by reason of infirmity of mind or body; ( c) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central G overnment involves moral turpitude; (d) is without obtaining leave of absence from the Chairperson of the Council, absent from three consecutive meetings of the Council; (e) in the opinion of the Central Government, has so abused the position of member as to ren der that persons continuance in the office detrimental to the purposes of the Act. 5. Filling of casual vacancies .- In the even of occurrence of any vacancy in the office of a member by reason of his death, resignation, removal or otherwise, the Central G overnment may appoint another person in his place and the person appointed to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was so appointed. 2 6. Committees of the Council .- (1)The Council may appoint, from amongst its members, such number of Committees as the Council deems necessary but not exceeding four, and assign to them such functions, duties and powers as it may consider necessary for the purpose. (2) The members of the Committee shall hold office for such period as may be specified by the Council. (3) A member shall cease to be a member of a Committee if he ceases to be a member of the Council. (4) The Committee of the Council may meet frequently depending upon the exigencies of work. (5) The recommen dations or decisions of the Committee shall be placed before the Council for its approval: Provide that when the Council is not holding its meetings the recommendations or decisions shall be placed before the Chairperson by the Secretary of the Council an d the Chairperson shall inform the Council pf the recommendations or decisions taken in view thereof to the Council as soon as the Council meets: Provided further that if the Committee is unable to meet for reasons beyond its control, the Secretary of the Council may submit the matter falling within purview of such Committee directly to the Chairperson for directions: Provided also that all decisions taken by the Chairperson either on the recommendations of a Committee or otherwise shall be ratified f orthwith by the Council. 7. Secretary to the Council .- (1) There shall be a Secretary to the Council, who shall be a Muslim, appointed by the Chairperson on such terms and conditions as may be fixed by the Council. (2) The Secretary shall be the Chief Exec utive Officer of the Council and shall exercise powers of control, supervision and management over the office and staff of the Council. (3) The Secretary shall give effect to the decisions of, and carry out the instructions that may, from time to time, be given by the Council or the Chairperson: Provided that when Council is in the process of reconstitution or unable to meet for reasons beyond its control, the Secretary may seek the orders or approval of the Chairperson on an urgent matter: Provided fu rther that all such orders or approval of the Chairperson shall be placed before the Council for its decision, as soon as the Council meets. (4) The Secretary shall ensure that all the records of the Council are properly maintained and kept in the safe custody . (5) The Secretary shall be responsible for the presentation of the annual statement of accounts of the Council duly authenticated in the proper form to the auditor appointed by the Central Government for this purpose. (8). Meeting of the Council .-(1) Ther e shall ordinarily be two meetings of the Council every year which may be increased to five, if necessary. (2) An extraordinary meeting of the Council may be convened by the Secretary, if the Chairperson so desires, or if a requisition in that behalf is p resented to the Chairperson 3 by at least one third members of the Council and such requisition shall set out matters for consideration in the meeting. (3) The date and venue of the meeting shall be such as may be decided by the Chairperson . (4) An ord inary meeting of the Council may be called by giving not less than one months notice in writing and an extraordinary meeting by giving not less than one weeks notice in writing: Provided that an extraordinary meeting may be called by giving shorter noti ce if the urgency of the business to be transacted, so requires. 9. Procedure at meeting. -(1) An agenda for every meeting of the Council shall be prepared by the Secretary with the approval of the Chairperson and shall be circulated to the members. (2) The quorum necessary for the transaction of business at a meeting of the Council shall be one -third of the total number of members. (3) Where a meeting has been adjourned for lack of quorum, the business which would have been brought before the origin al meeting if there had been quorum present threat, shall be brought before, and may be transacted at an adjourned meeting whether there is quorum present or not. (4) The Chairperson or in his absence such other member present as is decided by the Cou ncil shall preside at every meeting of the Council. (5) All matters brought before any meeting of the Council shall be decided by the majority of the votes of the members present and voting. (6) The Chairperson or the person presiding over a mee ting shall have and exercise a second or a casting vote in all cases of equality of votes. (7) It shall be open to any member to raise any matter not included in the agenda with permission of the Chairperson. (8) The minutes of the meeting sh all be recorded by the Secretary and circulated to the members, as early as possible, after approval by the Chairperson. (9) At the next meeting of the Council, the approved minutes of the previous meeting shall be read and confirmed. 10. Invites to the Council meeting .-The Chairperson of the Council may invite any person or persons to attend any meeting of the Council but such persons shall have no right to vote. The Central Wakf Council Rules, 1998 11. Travelling and daily allowances -(1) Every member, not being an officer of the Government, performing journeys to attend meeting of the Council or in connection 4 with any work relating to the Council shall be entitled to travel, at his discretion, by air or by rail in first class or in se cond class AC coach wherever available. (2) Every such member shall be entitled to the following travelling and daily allowances, namely: - Travelling Allowance: (a) By Air (i) One standard air fare; (ii) Incidental expenses subject to a maximum of rupees fifty. (b) By Ra il (i) First Class/II A.C. Coach rail fare, as the case may be; (ii) Incidental expenses subject to a maximum of rupees fifty. Note: - In case of air journeys involving overnight halt(either due to non - availability of connective service or due to the cancellation o f connective service) at intermediary stations, for which the Airlines does not provide, at its expense, any facility for boarding or lodging to the touring member, he shall be entitled in respect of such overnight halt, one -half of the daily allowance adm issible to him in addition to the incidental expenses. (II) While performing journeys by air, he shall purchase return ticket, wherever it is available, when it is expected that the return journey can be performed before the expiry of the period for which the return ticket is available. (III) In respect of journeys by road from residence to the air booking office or railway station and from these points to the place where a meeting of the Council is being held, he shall also be entitled to a road mileage a t rupees eight per kilometre. Daily Allowance: (a) For each day of the meeting, he shall be entitled to a daily allowance of rupees five hundred per day. (b) In addition to the daily allowance for the days of the meeting, he shall be entitled to full day allowance for the day preceding and the day following the day of the meeting if---- (i) he arrives in the forenoon of the day immediately preceding the day of the meeting or on an earlier day; (ii) he departs in the afternoon of the day following the day of the meeting or on a later day; Provided that he shall be entitled to only one -half of the daily allowance for the day preceding the day of the meeting and the day following the day of the meeting if -- (i) he arrives in the afternoon of the day preceding the day of the meetin g; or (ii) he departs in the forenoon of the day following the day of the meeting. (3) When a person attends any meeting of the Council or its Committee as an invitee, he may be paid travelling allowance and daily allowance at the rates admissible to a member of the Council. (4) A claim of the member travelling by his own transport shall be restricted to rail fare by II class AC coach by the shortest route. (5) Notwithstanding anything contained in sub -rules (1), (2) and (3), if a member of the Council, is a Member of Parliament, or a State Legislature, he shall not be entitled to any remuneration other than the allowances, defined in clause (a) of Section 2 of the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959), or as the case may be, ot her than the allowances, if any, which a member of the Legislature of the State may, under any law for the time being in force in the State relating to the prevention of disqualification for Membership of the State Legislature, receive without incurring su ch disqualification. 5 12. Travelling and daily allowances to members who are officers of Government. - (1) Every member, being an officer of the Government, shall be entitled to such travelling allowance and daily allowance as are admissible under the rule s applicable to him for journeys performed on official duty. (2) Where any travelling or daily allowance is paid to a member being an officer of the government, the Council shall make necessary arrangements for the reimbursement of the amount so paid t o the authority employing such officer. 13. Staff of the Council. -(1) the Council shall, from time to time, and on the recommendation of the Secretary, create such posts as are necessary for the efficient performance of the functions of the Council. (2) (i) the Chairperson shall make appointments to the posts in the category of Upper Division Clerk or its equivalent and above. (ii) The Secretary shall make appointments to the posts in the category of Lower Division Clerk or its equivalent and be low. (iii) The appointing authority of the employees of the Council be the disciplinary authority and shall be competent to impose all kinds of punishments including dismissal as per the Central Civil Services (Classification, Control a nd Appeal) Rules 1965, as amended from time to time. (iv)In case disciplinary proceedings against the employees of the Council, where the disciplinary authority is the Chairperson, the Council shall be the appellate authority and where t he disciplinary authority is the Secretary, Chairperson shall be the appellate authority. (3) Except as otherwise provided by the Council, with the prior concurrence of the Central Government, the scale of pay, leave, conduct rules, and other terms and conditions of service for the various categories of posts shall be the same as may for the time being in force be applicable to the officers and servants, holding posts of corresponding scale of pay under the Central Government. 14. Control of the Fund. -(1) The Secretary shall receive all payments to the fund and pass receipts on behalf of the Council. (2) All monies received by the Council shall be deposited in the name and with the approval of the Council in the State Bank of India or any other nationa lised bank as per instructions and guidelines of the Ministry of Finance issued in this regard from time to time. Provided that for the purpose of disbursement of salary to the staff of the Council an account of the Council shall also be opened in a bra nch of a nationalised bank in the vicinity of the Councils office. 15. Power to sanction expenditure by Chairperson and Secretary. -(1) Subject to the provision made in the budget in this regard - (a) The Chairperson may sanction a recurring expenditure u p to Rs.10,000(Rupees ten thousand only) and a non -recurring expenditure of Rs.50,000(Rupees fifty

ten thousand only) and a non -recurring expenditure of Rs.50,000(Rupees fifty thousand only) on an item per annum. (b) The Secretary may sanction a recurring expenditure up to Rs.4000(Rupees four thousand only) and a non -recurring expenditure of Rs.8000(Rupees eight thousand only) on an item per annum. (2) The Secretary or in his absence an officer subordinate to him, if so authorised, may draw cheques for the sanctioned expenditure. (3) The officer, so authorised by the Secretary, may supervise the maintenance of all registers in the Councils office and certify the entries made therein. 16. Annual Statement of Accounts. - The Council shall maintain accounts and other records and cause its books of accounts to be balanced on the last working day of the month of March in each financial year and the annual statement of accounts shall be as set out in the Form appended to these rules. 6 17. Powers of the Secretary in respect of staff and contingent expenditure. - (1) The Secretary shall , in respect of all the staff of the Council under his control and supervision, have the power to sanction, - (i) Increment; (ii) Leave; (iii) Allowances and advances as admissible to the Government employees. (2) The Secretary shall have the pow er to sanction, - (i) expenditure up to Rs.2000 (Rupees two thousand only) for repair of furniture, typewriter, bicycle, clock, water -cooler, electric heater, which are on the stock register of the council office and an expenditure up to Rs.500 (Rupees five hundred only)if any of the aforesaid article needs servicing; (ii) expenditure up to Rs.2000 (two thousand rupees only) for arranging , entertainment such as dinner, lunch or at home for members and invitees of the Council or its Committees. 18. Additi onal qualifications for appointment to a post in the Council. - In addition to the qualifications required of a person under the rules for the time being in force in the Central Government for appointment to the posts sanctioned for the Council, under rule 13, a candidate shall preferably have a working knowledge of Urdu. 19. Exemption from recruitment through Employment Exchange. - Where persons having the requisite qualifications are not available through Employment Exchanges for appointment to the posts in the Council, then direct recruitment of the staff of the Council from the outside may be made.

THE LEGAL SERVICES AUTHORITIES ACT, 1987 ACT NO. 39 OF 1987 [11 th October , 1987.] An Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that oppor tunities for securing justice are not denied to any citizen by reason of economic or other disab ilities, and to organize Lok Adalats to secure that the operation of the legal system promo tes justice on a basis of equal opportunity. BE it enacted by the Parliament in the Thirty-eighth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. This Act may be called the Legal Services Authoriti es Act, 1987. (2) It extends to the whole of India, 1***. (3) It shall come into force on such date 2 as the Central Government may, by notification, ap point; and different dates may be appointed for different provisions of this Act and for different States, an d any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State. 2. Definitions. In this Act, unless the context otherwise requires, 3[( a) case includes a suit or any proceeding before a court; (aa ) Central Authority means the National Legal Serv ices Authority constituted under section3; (aaa ) court means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time be ing in force, to exercise judicial or quasi-judicia l functions;] (b) District Authority means a District Legal Servi ces Authorityconstituted under section9; 4[( bb ) High Court Legal Services Committee means a Hig h Court Legal Services Committee constituted under section8A;] (c) legal service includes the rendering of any ser vice in the conduct of any case or other legal proceeding before any court or other authority or t ribunal and the giving of advice on any legal matter; (d)Lok Adalat means a Lok Adalat organised under Ch apter VI; (e) notification means a notification published in the Official Gazette; (f) prescribed means prescribed by rules made under this Act; 3[( ff ) regulations means regulations made under this A ct;] (g) scheme means any scheme framed by the Central A uthority, a State Authority or a District Authority for the purpose of giving effect to any o f the provisions of this Act; (h) State Authority means a State Legal Services Au thority constituted under section6; (i) State Government includes the administrator of a Union territory appointed by the President under article 239 of the Constitution; 1. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Sc hedule (w.e.f. 31-10- 2019). 2. 9th November, 1995, vide notification No. S.O. 893(E), dated 9th November, 1995, see Gazette of India, Extraordinary, Part II, sec. 3( ii ). 3. Subs. by Act 59 of 1994, s. 2, for clause ( a) (w.e.f. 29-10-1994). 4. Ins. by s. 2, ibid . (w.e.f. 29-10-1994). 4 1[( j) Supreme Court Legal Services Committee means th e Supreme Court Legal Services Committee constituted under section3A; (k) Taluk Legal Services Committee means a Taluk Le gal Services Committee constituted under section11A.] (2) Any reference in this Act to any other enactment or any provision thereof shall, in relation to an area in which such enactment or provision is not in force, be construed as a reference to the correspo nding law or the relevant provision of the corresponding law, if any, in force in that area. CHAPTER II THE NATIONAL LEGAL SERVICES AUTHORITY 2[3. Constitution of the National Legal Services Aut hority. (1) The Central Government shall constitute a body to be called the National Legal S ervices Authority to exercise the powers and perfor m the functions conferred on, or assigned to, the Cen tral Authority under this Act. (2) The Central Authority shall consist of (a) theChief Justice of India who shall be the Patron -in-Chief; (b) a serving or retired Judge of the Supreme Court t o be nominated by the President, in consultation with the Chief Justice of India, who s hall be the Executive Chairman; and (c) such number of other members, possessing such exp erience and qualifications, as may be prescribed by the Central Government, to be nominat ed by that Government in consultation with the Chief Justice of India. (3) The Central Government shall, in consultation wit h the Chief Justice of India, appoint a person to be the Member-Secretary of the Central Authority, p ossessing such experience and qualifications as may be prescribed by that Government, to exercise such powers and perform such duties under the Executive Chairman of the Central Authority as may be prescri bed by that Government or as may be assigned to him by the Executive Chairman of that Authority. (4) The terms of office and other conditions relating thereto, of members and the Member-Secretary of the Central Authority shall be such as may be pr escribed by the Central Government in consultation with the Chief Justice of India. (5) The Central Authority may appoint such number of officers and other employees as may be prescribed by the Central Government, in consultati on with the Chief Justice of India, for the efficie nt discharge of its functions under this Act. (6) The officers and other employees of the Central A uthority shall be entitled to such salary and allowances and shall be subject to such other condi tions of service as may be prescribed by the Centra l Government in consultation with the Chief Justice o f India. (7) The administrative expenses of the Central Author ity, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the Central Authority, shall be defrayed out of the Consolidated Fund of India. (8) All orders and decisions of the Central Authority shall be authenticated by the Member-Secretary or any other officer of the Central Authority duly authorised by the Executive Chairman of that Author ity. (9) No act or proceeding of the Central Authority sha ll be invalid merely on the ground of the existence of any vacancy in, or any defect in the c onstitution of, the Central Authority. 3A. Supreme Court Legal Services Committee. (1) The Central Authority shall constitute a committee to be called the Supreme Court Legal Serv ices Committee for the purpose of exercising such 1. Ins. by Act 59 of 1994, s. 2 (w.e.f. 29-10-1994) . 2. Subs. by s. 3, ibid ., for section 3 (w.e.f. 29-10-1994). 5 powers and performing such functions as may be dete rmined by regulations made by the Central Authority. (2) The Committee shall consist of (a) a sitting Judge of the Supreme Court who shall be the Chairman; and (b) such number of other members possessing such expe rience and qualifications as may be prescribed by the Central Government, to be nominated by the Chief Justice of India. (3) The Chief Justice of India shall appoint a person to be the Secretary to the Committee, possessing such experience and qualifications as may be prescr ibed by the Central Government. (4) The terms of office and other conditions relating thereto, of the members and Secretary of the Committee shall be such as may be determined by reg ulations made by the Central Authority. (5) The Committee may appoint such number of officers and other employees as may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient discharg e of its functions. (6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of se rvice as may be prescribed by the Central Governmen t in consultation with the Chief Justice of India.] 4. Functions of the Central Authority. The Central Authority shall 1*** perform all or any of the following functions, namely: (a) lay down policies and principles for making legal services available under the provisions of this Act; (b) frame the most effective and economical schemes f or the purpose of making legal services available under the provisions of this Act; (c) utilise the funds at its disposal and make approp riate allocations of funds to the State Authorities and District Authorities; (d) take necessary steps by way of social justice lit igation with regard to consumer protection, environmental protection or any other matter of spe cial concern to the weaker sections of the society and for this purpose, give training to social worke rs in legal skills; (e) organise legal aid camps, especially in rural are as, slums or labour colonies with the dual purpose of educating the weaker sections of the soc iety as to their rights as well as encouraging the settlement of disputes through LokAdalats; (f) encourage the settlement of disputes by way of ne gotiations, arbitration and conciliation; (g) undertake and promote research in the field of le gal services with special reference to the need for such services among the poor; (h) to do all things necessary for the purpose of ens uring commitment to the fundamental duties of citizens under Part IVA of the Constitution; (i) monitor and evaluate implementation of the legal aid programmes at periodic intervals and provide for independent evaluation of programmes an d schemes implemented in whole or in part by funds provided under this Act; 1. The words , subject to the general directions o f the Central Government, omitted by Act of 59 of 1 994, s. 4 (w.e.f. 29-10- 1994). 6 1[( j) provide grants-in-aid for specific schemes to var ious voluntary social service institutions and the State and District Authorities, from out of the amounts placed at its disposal for the implementation of the legal services schemes under the provisions of this Act;] (k) develop, in consultation with the Bar Council of India, programmes for clinical legal education and promote guidance and supervise the es tablishment and working of legal services clinics in universities, law colleges and other institution s; (l) take appropriate measures for spreading legal lit eracy and legal awareness amongst the people and, in particular, to educate weaker sections of t he society about the rights, benefits and privileges guaranteed by social welfare legislation s and other enactments as well as administrative programmes and measures; (m) make special efforts to enlist the support of vol untary social welfare institutions working at the grass-root level, particularly among the Schedu led Castes and the Scheduled Tribes, women and rural and urban labour; and (n) coordinate and monitor the functioning of 2[State Authorities, District Authorities, Supreme Court Legal Services Committee, High Court Legal Se rvices Committees, Taluk Legal Services Committees and voluntary social service institution s] and other legal services organisations and give general directions for the proper implementation of the legal services programmes. 5. Central Authority to work in coordination with o ther agencies. In the discharge of its functions under this Act, the Central Authority sha ll, wherever appropriate, act in coordination with other governmental and non-governmental agencies, univers ities and others engaged in the work of promoting the cause of legal services to the poor. CHAPTER III STATE LEGAL SERVICES AUTHORITY 3[6. Constitution of State Legal Services Authority. (1) Every State Government shall constitute a body to be called the Legal Services Authority for the State to exercise the powers and perform the functions conferred on, or assigned to, a State Aut hority under this Act. (2) A State Authority shall consist of (a) the Chief Justice of the High Court who shall be the Patron-in-Chief; (b) a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and (c) such number of other members, possessing such exp erience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court. (3) The State Government shall, in consultation with the Chief Justice of the High Court, appoint a person belonging to the State Higher Judicial Servi ce, not lower in rank than that of a District Judge , as the Member-Secretary of the State Authority, to exe rcise such powers and perform such duties under the Executive Chairman of the State Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that A uthority. Provided that a person functioning as Secretary of a State Legal Aid and Advice Board immediately before the date of constitution of the State Author ity may be appointed as Member-Secretary of that Authority, even if he is not qualified to be appoin ted as such under this sub-section, for a period no t exceeding five years. 1. Subs. by Act 59 of 1994, s. 4, for clause ( j) (w.e.f. 29-10-1994). 2. Subs. by s. 4, ibid ., for State and District Authorities and other vo luntary social welfare institutions (w.e.f. 29-10 -1994). 3. Subs. by s. 5, ibid., for section 6 (w.e.f. 29-10-1994). 7 (4) The terms of office and other conditions relating thereto, of members and the Member-Secretary of the State Authority shall be such as may be pres cribed by the State Government in consultation with the Chief Justice of the High Court. (5) The State Authority may appoint such number of of ficers and other employees as may be prescribed by the State Government, in consultation with the Chief Justice of the High Court, for the efficient discharge of its functions under thisAct. (6) The officers and other employees of the State Aut hority shall be entitled to such salary and allowances and shall be subject to such other condi tions of service as may be prescribed by the State Government in consultation with the Chief Justice o f the High Court. (7) The administrative expenses of the State Authorit y, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the State Authorityshall be defrayed out of the Consolidated Fund of the State. (8) All orders and decisions of the State Authority s hall be authenticated by the Member-Secretary or any other officer of the State Authority duly aut

decisions of the State Authority s hall be authenticated by the Member-Secretary or any other officer of the State Authority duly autho rised by the Executive Chairman of the State Author ity. (9) No act or proceeding of a State Authority shall b e invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution o f, the State Authority.] 7. Functions of the State Authority. (1) It shall be the duty of the State Authority to gi ve to effect to the policy and directions of the Central Authori ty. (2) Without prejudice to the generality of the functi ons referred to in sub-section( 1), the State Authority shall perform all or any of the following functions, namely: (a) give legal service to persons who satisfy the cri teria laid down under this Act; (b) conduct 1[LokAdalats, including LokAdalats for High Court ca ses]; (c) undertake preventive and strategic legal aid prog rammes; and (d) perform such other functions as the State Authori ty may, in consultation with the 2[Central Authority], fix by regulations. 3[8. State Authority to act in coordination with oth er agencies., etc., and be subject to directions given by the Central Authority .In the discharge of its functions the State Authori ty shall appropriately act in coordination with other govern mentalagencies, non-governmental voluntary social service institutions, universities and other bodies engaged in the work of promoting the cause of lega l services to the poor and shall also be guided by su ch directions as the Central Authority may give to it in writing. 8A. High Court Legal Services Committee. (1) The State Authority shall constitute a Committee to be called the High Court Legal Services Committe e for every High Court, for the purpose of exercisi ng such powers and performing such functions as may be determined by regulations made by the State Authority. (2) The Committee shall consist of (a) a sitting Judge of the High Court who shall be th e Chairman; and (b) such number of other members possessing such expe rience and qualifications as may be determined by regulations made by the State Authori ty, to be nominated by the Chief Justice of the High Co urt. (3) The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing such experience and qualifications as may be prescribed by the State Government. 1. Subs. by Act 59 of 1994, s. 6, for LokAdalats (w.e.f. 29-10-1994). 2. Subs. by s. 6, ibid ., for Central Government (w.e.f. 29-10-1994). 3. Subs. by s. 7, ibid ., for sections 8 and 9 (w.e.f. 29-10-1994). 8 (4) The terms of office and other conditions relating thereto, of the members and Secretary of the Committee shall be such as may be determined by reg ulations made by the State Authority. (5) The Committee may appoint such number of officers and other employees as may be prescribed by the State Governmentin consultation with the Chi ef Justice of the High Court for the efficient discharge of its functions. (6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of Se rvice as may be prescribed by the State Government in consultation with the Chief Justice of the High Cou rt. 9. District Legal Services Authority. (1) The State Government shall, in consultation with the Chief Justice of the High Court, constitute a body to be called the District Legal Services Authority for every District in the State to exercise the powers and perform the functions conferred on, or assigned to, the District Authority under this Act. (2) A District Authority shall consist of (a) the District Judge who shall be its Chairman; and (b) such number of other members, possessing such exp erience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court. (3) The State Authority shall, in consultation with t he Chairman of the District Authority, appoint a person belonging to the State Judicial Service not lower in rank than that of a Subordinate Judge or C ivil Judge posted at the seat of the DistrictJudiciary a s Secretary of the District Authority to exercise s uch powers and perform such duties under the Chairman o f that Committee as may be assigned to him by such Chairman. (4) The terms of office and other conditions relating thereto, of members and Secretary of the District Authority shall be such as may be determined by reg ulations made by the State Authority in consultatio n with the Chief Justice of the High Court. (5) The District Authority may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions. (6) The officers and other employees of the District Authority shall be entitled to such salary and allowances and shall be subject to such other condi tions of service as may be prescribed by the State Government in consultation with the Chief Justice o f the High Court. (7) The administrative expenses of every District Aut hority, including the salaries, allowances and pensions payable to the Secretary, officers and oth er employees of the District Authority, shall be defrayed out of the Consolidated Fund of the State. (8) All orders and decisions of the District Authorit y shall be authenticated by the Secretary or by any other officer of the District Authority duly author ised by the Chairman of that Authority. (9) No act or proceeding of the District Authority sh all be invalid merely on the ground of the existence of any vacancy in, or any defect in the c onstitution of, the District Authority.] 10. Functions of the District Authority. (1) It shall be the duty of every District Authority to perform such of the functions of the State Authorit y in the District as may be delegated to it from ti me to time by the State Authority. (2) Without prejudice to the generality of the functi ons referred to in sub-section ( 1), the District Authority may perform all or any of the following f unctions, namely: 1[( a) coordinate the activities of the Taluk Legal Serv ices Committee and other legal services in the District;] 1. Subs. by Act 59 of 1994, s. 8, for clause ( a) (w.e.f. 29-10-1994). 9 (b) organize Lok Adalats within the District; and (c) perform such other functions as the State Authori ty may 1*** fix by regulations. 11. District Authority to act in coordination with other agencies and be subject to directions given by the Central Authority, etc. In the discharge of its functions under this Act, t he District Authority shall, wherever appropriate, act in coord ination with other governmental and non-governmenta l institutions, universities and others engaged in th e work of promoting the cause of legal services to the poor and shall also be guided by such directions as the Central Authority or the State Authority may g ive to it in writing. 2[11A. Taluk Legal Services Committee. (1) The State Authority may constitute a Committee, t o be called the Taluk Legal Services Committee, for e ach taluk or mandal or for group of taluks or manda ls. (2) The Committee shall consist of (a) The 3[senior-most Judicial Officer] operating within the jurisdiction of the Committee who shall be the ex officio Chairman; and (b) such number of other members, possessing such exp erience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court. (3) The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Ch ief Justice of the High Court for the efficient discharge of its functions. (4) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of se rvice as may be prescribed by the State Government in consultation with the Chief Justice of the High Cou rt. (5) The administrative expenses of the Committee shal l be defrayed out of the District Legal Aid Fund by the District Authority. 11B. Functions of Taluk Legal Services Committee. The Taluk Legal Services Committee may perform all or any of the following functions, name ly: (a) co-ordinate the activities of legal services in t he taluk; (b) organize Lok Adalats within the taluk; and (c) perform such other functions as the District Auth ority may assign to it.] CHAPTER IV ENTITLEMENT TO LEGAL SERVICES 12. Criteria for giving legal services. Every person who has to file or defend a case shall be entitled to legal services under this Act if that p erson is (a) a member of a Scheduled Caste or Scheduled Tribe; (b) a victim of trafficking in human beings or begar as referred to in article 23 of the Constitution; (c) a woman or a child; 4[( d) a person with disability as defined in clause ( i) of section2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);] 1. The words , in consultation with the State Gove rnment, omitted by Act 59 of 1994, s. 8 (w.e.f. 29 -10-1994). 2. Ins. by s. 9, ibid . (w.e.f. 29-10-1994). 3. Subs. by Act 37 of 2002, s. 2, for senior Civil Judge (w.e.f. 11-6-2002). 4. Subs. by Act 1 of 1996, s. 74, for clause ( d) (w.e.f. 7-2-1996). 10 (e) a person under circumstances of underserved want such as being a victim of a mass disaster, ethnic, violence, caste atrocity, flood, drought, e arthquake or industrial disaster; or (f) an industrial workman; or (g) in custody, including custody in a protective hom e within the meaning of clause ( g) of section2 of the Immoral Traffic (Prevention) Act, 1 956 (104 of 1956), or in a juvenile home within the meaning of clause ( j) of section 2 of the Juvenile Justice Act, 1986 (5 3 of 1986), or in a psychiatric hospital or psychiatric nursing home wi thin the meaning of clause ( g) of section2 of the Mental Health Act, 1987 (14 of 1987); or 1[( h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the c ase is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supre me Court.] 13. Entitlement of legal services. (1) Persons who satisfy all or any of the criteria sp ecified in section 12 shall be entitled to receive legal servi ces provided that the concerned Authority is satisf ied that such person has a prima facie case to prosecute or to defend. (2) An affidavit made by a person as to his income ma y be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 14. Grants by the Central Government. The Central Government shall, after due appropriati on made by Parliament by law in this behalf, pay to th e Central Authority, by way of grants, such sums of money as the Central Government may think fit for b eing utilised for the purposes of this Act. 15. National Legal Aid Fund. (1) The Central Authority shall establish a fund to b e called the National Legal Aid Fund and there shall be credited thereto (a) all sums of money given as grants by the Central Government under section 14; (b) any grants or donations that may be made to the C entral Authority by any other person for the purposes of this Act; (c) any amount received by the Central Authority unde r the orders of any court or from any other source. (2) The National Legal Aid Fund shall be applied for meeting (a) the cost of legal services provided under this Ac t including grants made to State Authorities; 2[( b) the cost of legal services provided by the Suprem e Court Legal Services Committee; (c) any other expenses which are required to be met b y the Central Authority.] 16. State Legal Aid Fund. (1) A State Authority shall establish a fund to be ca lled the State Legal Aid Fund and there shall be credited thereto (a) all sums of money paid to it or any grants by the Central Authority for the purposes of this Act; (b) any grants or donations that may be made to the S tate Authority by the State Government or by any person for the purposes of this Act; (c) any other amount received by the State Authority under the orders of any court or from any other source. 1. Subs. by Act 59 of 1994, s. 10, for clause ( h) (w.e.f. 29-10-1994). 2. Subs. by s. 11, ibid ., for clause ( b) (w.e.f. 29-10-1994). 11 (2) A State Legal Aid Fund shall be applied for meeti ng (a) the cost of functions referred to in section 7; 1[( b) the cost of legal services provided by the High C ourt Legal Services Committee; (c) any other expenses which are required to be met b y the State Authority.] 17. District Legal Aid Fund. (1) Every District Authority shall establish a fund t o be called the District Legal Aid Fund and there shall be credited thereto (a) all sums of money paid or any grants made by the State Authority to the District Authority for the purposes of this Act; 2[( b) any grants or donations that may be made to the D istrict Authority by any person, with the prior approval of the State Authority, for the purp oses of this Act;] (c) anyother amount received by the District Authorit y under the orders of any court or from any other source. (2) A District Legal Aid Fund shall be applied for me eting (a)

or from any other source. (2) A District Legal Aid Fund shall be applied for me eting (a) the cost of functions referred to in section 10 3[and 11B]; (b) any other expenses which are required to be met b y the District Authority. 18. Accounts and audit. (1) The Central Authority, State Authority, or the Di strict Authority (hereinafter referred to in this section as the au thority), as the case may be, shall maintain prope r accounts and other relevant records and prepare an annual statement of accounts including the income a nd expenditure account and the balance-sheet in such f orm and in such manner as may be prescribed by the Central Government in consultation with the Comptro ller and Auditor-General of India. (2) The accounts of the Authorities shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and an y expenditure incurred in connection with such audi t shall be payable by the Authority concerned to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the auditing of the accounts of an Authority under this Act shall have the same rights and privileges and authority in connection with such au dit as the Comptroller and Auditor-General of India has in connection with the auditing of the Governme nt accounts and, in particular, shall have the righ t to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authorities under this Act. (4) The accounts of the Authorities, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf to gether with the audit report thereon, shall be forw arded annually by the Authorities to the Central Governme nt or the State Governments, as the case may be. 4[( 5) The Central Government shall cause the accounts a nd the audit report received by it under sub- section ( 4) to be laid, as soon as may be after they are rece ived, before each House of Parliament. (6) The State Government shall cause the accounts and the audit report received by it under sub- section ( 4) to be laid, as soon as may be after they are rece ived, before the State Legislature.] CHAPTER VI LOK ADALATS 5[19. Organisation of Lok Adalats. (1) Every State Authority or District Authority or th e Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, 1. Subs. by Act 59 of 1994, s. 12, for clause ( b) (w.e.f. 29-10-1994). 2. Subs. by s. 13, ibid ., for clause ( b) (w.e.f. 29-10-1994). 3. Ins. by s. 13, ibid . (w.e.f. 29-10-1994). 4. Ins. by s. 14, ibid . (w.e.f. 29-10-1994). 5. Subs. by s. 15, ibid ., for sections 19 and 20 (w.e.f. 29-10-1994). 12 Taluk Legal Services Committee may organize Lok Ada lats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit. (2) Every Lok Adalat organised for an area shall cons ist of such number of (a) serving or retired judicial officers; and (b) other persons, of the area as may be specified by the State Author ity or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Se rvices Committee, or as the case may be, the Taluk Legal Services Committee, organising such Lok Adala t. (3) The experience and qualifications of other person s referred to in clause ( b) of sub-section ( 2) for Lok Adalats organised by the Supreme Court Legal Se rvices Committee shall be such as may be prescribed by the Central Government in consultatio n with the Chief Justice of India. (4) The experience and qualifications of other person s referred to in clause ( b) of sub-section ( 2) for Lok Adalats other than referred to in sub-section ( 3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice o f the High Court. (5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of (i) any case pending before; or (ii ) any matter which is falling within the jurisdicti on of, and is not brought before, any Court for which the Lok Adalat is organised: Provided that the Lok Adalat shall have no jurisdic tion in respect of any case or matter relating to a n offence not compoundable under any law. 20. Cognizance of cases by Lok Adalats. (1) Where in any case referred to in clause ( i) of sub-section ( 5) of section 19, (i)(a) the parties thereof agree; or (b) one of the parties thereof makes an application t o the Court, for referring the case to the Lok Adalat for settle ment and if such court is prima facie satisfied that there are chances of such settlement; or (ii ) thecourt is satisfied that the matter is an appro priate one to be taken cognizance of by the Lok Adalat, the Court shall refer the case to the Lok Adalat: Provided that no case shall be referred to the Lok Adalat under sub-clause ( b) of clause ( i) or clause (ii ) by such court except after giving a reasonable op portunity of being heard to the parties. (2) Notwithstanding anything contained in any cither law for the time being in force, the Authority or Committee organising the Lok Adalat under sub-secti on (1) of section19 may, on receipt of an application from any one of the parties to any matter referred to in clause ( ii ) of sub-section ( 5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination: Provided that no matter shall be referred to the Lo k Adalat except after giving a reasonable opportunity of being heard to the other party. (3) Where any case is referred to a Lok Adalat under sub-section ( 1) or where a reference has been made to it under sub-section ( 2), the Lok Adalat shall proceed to dispose of the c ase or matter and arrive at a compromise or settlement between the parties. 13 (4) Every Lok Adalat shall, while determining any ref erence before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles. (5) Where no award is made by the Lok Adalat on the g round that no compromise or settlementcould be arrived at between the parties, the record of th e case shall be returned by it to the court, from w hich the reference has been received under sub-section ( 1) for disposal in accordance with law. (6) Where no award is made by the Lok Adalat on the g round that no compromise or settlement could be arrived at between the parties, in a matter refe rred to in sub-section ( 2), that Lok Adalat shall advice the parties to seek remedy in a court. (7) Where the record of the case if returned under su b-section ( 5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under sub-sectio n (1).] 21. Award of Lok Adalat. 1[( 1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement h as been arrived at, by a Lok Adalat in a case referred to it under sub-section( 1) of section 20, the court-fee paid in such case shall be refunded in the manner p rovided under the Court-fees Act, 1870 (7 of 1870). ] (2) Every award made by a Lok Adalat shall be final a nd binding on all the parties to the dispute, and no appeal shall lie to any court against the award. 22. Powers of 2[Lok Adalat or Permanent Lok Adalat.] (1) The 2[Lok Adalat or Permanent Lok Adalat] shall, for the purposes of holding any dete rmination under this Act, have the same powers as a re vested in a Civil Court under the Code of Civil Pro cedure, 1908 (5 of 1908), while trying a suit in re spect of the following matters, namely: (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document; (c) the reception of evidence on affidavits; (d) the requisitioning of any public record or docume nt or copy of such record or document from any court or office; and (e) such other matters as may be prescribed. (2) Without prejudice to the generality of the powers contained in sub-section ( 1), every 2[Lok Adalat or Permanent Lok Adalat] shall have the requisite p owers to specify its own procedure for the determination of any dispute coming before it. (3) All proceedings before a 2[Lok Adalat or Permanent Lok Adalat] shall be deeme d to be judicial proceedings within the meaning of sections 193,219 and 228 of the Indian Penal Code (45 of 1860) and every 2[Lok Adalat or Permanent Lok Adalat] shall be deeme d to be a Civil Court for the purpose of section195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 3[CHAPTER VIA PRE-LITIGATION CONCILIATION AND SETTLEMENT 22A. Definitions. In this Chapter and for the purposes of sections 22 and 23, unless the context otherwise requires, (a) Permanent Lok Adalat means a Permanent Lok Adal at established under sub-section ( 1) of section22B; 1. Subs. by Act 59 of 1994, s. 16, for sub-section ( 1) (w.e.f. 29-10-1994), 2. Subs. by Act 37 of 2002, s. 3, for Lok Adalat (w.e.f. 11-6-2002). 3. Ins. by s. 4, ibid . (w.e.f. 11-6-2002). 14 (b) public utility service means any (i) transport service for the carriage of passengers or goods by air, road or water; or (ii ) postal, telegraph or telephone service; or (iii ) supply of power, light or water to the public by any establishment; or (iv ) system of public conservancy or sanitation; or (v) service in hospital or dispensary; or (vi )insurance service, and includes any service which the Central Governme nt or the State Government, as the case may be, in the public interest, by notification, declare to be a public utility service for the purposes of th is Chapter. 22B. Establishment of Permanent Lok Adalats. (1) Notwithstanding anything contained in section19, the Central Authority or, as the case ma y be, every State Authority shall, by notification, establish Permanent Lok Adalats at such places and for exercising such jurisdiction in respect of one or more public utility services and for such areas as may be specified in the notification. (2) Every Permanent Lok Adalat established for an are a notified under sub-section ( 1) shall consist of (a) a person who is, or has been, a district judge or additional district judge or has held judicial office higher in rank than that of a district judge , shall be the Chairman of the Permanent Lok Adalat ; and (b) two other persons having adequate experience in p ublic utility service to be nominated by the Central Government or, as the case may be, the Stat e Government on the recommendation of the Central Authority or, as the case may be, the State Authority, appointed by the Central Authority or, as the case may be, the State Authority, establishing such Permanent Lok Adalat and the other terms and condit ions of the appointment of the Chairman and other persons referred to in clause ( b) shall be such as may be prescribed by the Central Government. 22C. Cognizance of cases by Permanent Lok Adalat. (1) Any party to a dispute may, before the dispute is brought before any court, make an applic ation to the Permanent Lok Adalat for the settlemen t of dispute: Provided that the Permanent Lok Adalat shall not ha ve jurisdiction in respect of any matter relating t o an offence not compoundable under any law: Provided further that the Permanent Lok Adalat shal l also not have jurisdiction in the matter where the value of the property in dispute exceeds ten la kh rupees: Provided also that the Central Government, may by n otification, increase the limit often lakh rupees specified in the second proviso in consultation wit h the Central Authority. (2) After an application is made under sub-section( 1) to the Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the same dispute. (3) Where an application is made to a Permanent Lok A dalat under sub-section( 1), it (a) shall direct each party to the application to fil e before it a written statement, stating therein the facts and nature of dispute under the applicati on, points or issues in such dispute and grounds relied in support of, or in opposition to, such poi nts or issues, as the case may be, and such party may supplement such statement with any document and other evidence which such party deems appropriate in proof of such facts and grounds and shall send a copy of such statement together with a copy of such document and other evidence, if any, to each of the parties to the application; (b) may require any party to the application to file additional statement before it at any stage of the conciliation proceedings; 15 (c) shall communicate any document or statement recei ved by it from any party to the application to the other party, to enable such othe r party to present reply thereto. (4) When statement, additional statement and reply, i f any, have been filed under sub-section( 3), to the satisfaction of the Permanent Lok Adalat, it sh all conduct conciliation proceedings between the pa rties to the application in such manner as it thinks

ermanent Lok Adalat, it sh all conduct conciliation proceedings between the pa rties to the application in such manner as it thinks appr opriate taking into account the circumstances of th e dispute. (5) The Permanent Lok Adalat shall, during conduct of conciliation proceedings under sub-section( 4), assist the parties in their attempt to reach an amicable settlement of the dispute in an independent and impartial manner. (6) It shall be the duty of the every party to the ap plication to cooperate in good faith with the Permanent Lok Adalat in conciliation of the dispute relating to the application and to comply with the direction of the Permanent Lok Adalat to produce ev idence and other related documents before it. (7) When a Permanent Lok Adalat, in the aforesaid con ciliation proceedings, is of opinion that there exist elements of settlement in such proceedings wh ich may be acceptable to the parties, it may formul ate the terms of a possible settlement of the dispute a nd give to the parties concerned for their observat ions and in case the parties reach at an agreement on th e settlement of the dispute, they shall sign the settlement agreement and the Permanent Lok Adalat s hall pass an award in terms thereof and furnish a copy of the same to each of the parties concerned. (8) Where the parties fail to reach at an agreement u nder sub-section ( 7), the Permanent Lok Adalat shall, if the dispute does not relate to any offenc e, decide the dispute. 22D. Procedure of Permanent Lok Adala t.The Permanent Lok Adalat shall, while conducting conciliation proceedings or deciding a dispute on m erit under this Act, be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice, and shall not be boun d by the Code of Civil Procedure, 1908 (5 of 1908) and the I ndian Evidence Act, 1872 (1 of 1872). 22E. Award of Permanent Lok Adalat to be final .(1) Every award of the Permanent Lok Adalat under this Act made either on merit or in terms of a settlement agreement shall be final and binding o n all the parties thereto and on persons claiming under t hem. (2) Every award of the Permanent Lok Adalat under thi s Act shall be deemed to be a decree of a civil court. (3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the persons constituting the Permanent Lok Adalat. (4) Every award made by the Permanent Lok Adalat unde r this Act shall be final and shall not be called in question in any original suit, applicatio n or execution proceeding. (5) The Permanent Lok Adalat may transmit any award m ade by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.] CHAPTER VII MISCELLANEOUS 1[23. Members and staff of Authorities, Committees a nd Lok Adalats to be public servants. The members including Member-Secretary or, as the c ase may be, Secretary of the Central Authority, the State Authority, the District Authorities, the Supr eme Court Legal Services Committee, High Court Lega l Services Committees, Taluk Legal Services Committee s and officers and other employees of such Authorities, Committees and the 2[members of the Lok Adalats or the persons constitu ting Permanent Lok Adalats] shall be deemed to be public servants with in the meaning of section21 of the Indian Penal Cod e (45 of 1860). 1. Subs. by Act 59 of 1994, s. 17, for sections 23 and 24 (w.e.f. 29-10-1994), 2. Subs. by Act 37 of 2002, s. 5, for members of t he LokAdalats (w.e.f. 11-6-2002). 16 24. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shal l lie against (a) the Central Government or State Government; (b) the Patron-in-Chief, Executive Chairman, members of, Member-Secretary or officers or other employees of the Central Authority; (c) Patron-in-Chief, Executive Chairman, member, Memb er-Secretary or officers or other employees of the State Authority; (d) Chairman, Secretary, members or officers or other employees of the Supreme Court Legal Services Committee, High Court Legal Services Commi ttees, Taluk Legal Services Committees or the District Authority; or (e) any other person authorised by any of the Patron- in-Chief, Executive Chairman, Chairman, Member, Member-Secretary referred to in sub-clauses (b) to ( d), for anything which is in good faith done or intende d to be done under the provisions of this Act or an y rule or regulation made thereunder.] 25. Act to have overriding effect. The provisions of this Act shall have effect notwit hstanding anything inconsistent therewith contained in any ot her law for the time being in force or in any instr ument having effect by virtue of law other than this Act. 26. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order publ ished in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for remo ving the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President . (2) Every order made under this section shall, as soo n as may be after it is made, be laid before each House of Parliament. 1[27. Power of Central Government to make rules. (1) The Central Government in consultation with the Chief Justice of India may, by notificatio n, make rules to carry out the provisions of this A ct. (2) In particular, and without prejudice to the gener ality of the foregoing power, such rules may provide for all or any of the following matters, na mely: (a) the number, experience and qualifications of othe r members of the Central Authority under clause ( c) of sub-section( 2) of section3; (b) the experience and qualifications of the Member-S ecretary of the Central Authority and his powers and functions under sub-section( 3) of section3; (c) the terms of office and other conditions relating thereto, of members and Member-Secretary of the Central Authority under sub-section( 4) of section 3; (d) the number of officers and other employees of the Central Authority under sub-section( 5) of section3; (e) the conditions of service and the salary and allo wances of officers and other employees of the Central Authority under sub-section( 6) of section3; (f) the number, experience and qualifications of memb ers of the Supreme Court Legal Services Committee under clause ( b) of sub-section( 2) of section 3A; (g) the experience and qualifications of Secretary of the Supreme Court Legal Services Committee under sub-section( 3) of section3A; 1. Subs. by Act 59 of 1994, s. 18, for sections 27, 28 and 29 (w.e.f. 29-10-1994). 17 (h) the number of officers and other employees of the Supreme Court Legal Services Committee under sub-section( 5) of section 3A and the conditions of service and t he salary and allowances payable to them under sub-section( 6) of that section; (i) the upper limit of annual income of a person enti tling him to legal services under clause ( h) of section12, if the case is before the Supreme Court; (j) the manner in which the accounts of the Central A uthority, the State Authority or the District Authority shall be maintained under section18; (k) the experience and qualifications of other person s of the LokAdalatsorganised by the Supreme Court Legal Services Committee specified in sub-sec tion( 3) of section19; (l) other matters under clause ( e) of sub-section( 1) of section22; 1[( la) the other terms and conditions of appointment of the Chairman and other persons under sub-section ( 2) of section 22B;] (m) any other matter which is to be, or may be, presc ribed. 28. Power of State Government to make rules. (1)The State Government in consultation with the Chief Justice of the High Court may, by notificatio n, make rules to carry out the provisions of this A ct. (2) In particular, and without prejudice to the gener ality of the foregoing power, such rules may provide for all or any of the following matters, na mely: (a) the number, experience and qualifications of othe r members of the State Authority under clause ( c) of sub-section( 2) of section6; (b) the powers and functions of the Member-Secretary of the State Authority under sub-section( 3) of section6; (c) the terms of office and other conditions relating thereto, of members and Member-Secretary of the State Authority under sub-section( 4) of section6; (d) the number of officers and other employees of the State Authority under sub-section( 5) of section6; (e) the conditions of service and the salary and allo wances of officers and other employees of the State Authority under sub-section( 6) of section6; (f) the experience and qualifications of Secretary of the High Court Legal Services Committee under sub-section( 3) of section 8A; (g) the number of officers and other employees of the High Court Legal Services Committee under sub-section( 5) of section 8A and the conditions of service and t he salary and allowances payable to them under sub-section( 6) of that section; (h) the number, experience and qualifications of memb ers of the District Authority under clause (b) of sub-section( 2) of section9; (i) the number of officers and other employees of the District Authority under sub-section( 5) of section9; (j) the conditions of service and the salary and allo wances of the officers and other employees of the District Authority under sub-section( 6) of section9; (k) the number, experience and qualifications of memb ers of the Taluk Legal Services Committee under clause ( b) of sub-section( 2) of section 11A; (l) the number of officers and other employees of the Taluk Legal Services Committee under sub- section( 3) of section 11A; 1. Ins. by Act 37 of 2002, s. 6 (w.e.f. 11-6-2002). 18 (m) the conditions of service and the salary and allo wances of officers and other employees of the Taluk Legal Services Committee under sub-section( 4) of section 11A; (n) the upper limit of annual income of a person enti tling him to legal services under clause ( h) of section12, if the case is before a court, other than the Supreme Court; (o) the experience and qualifications of other person s of the LokAdalats other than referred to in sub-section( 4) of section19; (p) any other matter which is to be, or may be, presc ribed. 29. Power of Central Authority to make regulations. (1) The Central Authority may, by notification, make regulations not inconsistent wit h the provisions of this Act and the rules made thereunder, to provide for all matters for which pr ovisions is necessary or expedient for the purposes of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the gener ality of the foregoing power, such regulations may provide for all or any of the following matters, na mely: (a) the powers and functions of the Supreme Court Leg al Services Committee under sub- section( 1) of section3A; (b) the terms of office and other conditions relating thereto, of the members and Secretary of the Supreme Court Legal Services Committee under sub-se ction( 4) of section3A. 29A. Power of State Authority to make regulations .(1) The State Authority may, by notification, make regulations not inconsistent wit h the provisions of this Act and the rules made thereunder, to provide for all matters for which pr ovision in necessary or expedient for the purposes of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the gener ality of the foregoing power, such regulations may provide for all or any of the following matters, na mely: (a) the other functions to be performed by the State Authority under clause ( d) of sub-section( 2) of section7; (b) the powers and functions of the High Court Legal Services Committee under sub-section( 1) of section8A; (c) the number, experience and qualifications of memb ers of the High Court Legal Services Committee under clause ( b) of sub-section( 2) of section8A; (d) the terms of office and other conditions relating thereto, of the members and Secretary of the High Court Legal Services Committee under sub-secti on(4) of section8A; (e) the term of office and other conditions relating thereto, of the members and Secretary of the District Authority under sub-section( 4) of section9; (f) the number, experience and qualifications of memb ers of the High Court Legal Services Committee under clause ( b) of sub-section( 2) of section 8A; (g) other functions to be performed by the District A uthority under clause ( c) of sub-section( 2) of section10; (h) the term of office and other conditions relating thereto, of members and Secretary of the Taluk Legal Services Committee under sub-section( 3) of section 11A.] 30. Laying of rules and regulations .(1) Every rule made under this Act by the Central Government and every regulation made by the Central Authority thereunder shall be laid, as soon as may be after it is made, before each House of Parliamen t, while it is in session, for a total period of th irty days which may be comprised in one session, or in two or more successive sessions, and if, before the expir y of the session immediately following the session or the successive sessions aforesaid, both Houses agr ee in making any modification in the rule or regulatio n, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall th ereafter have effect only in such modified form or be of 19

should not be made, the rule or regulation shall th ereafter have effect only in such modified form or be of 19 no effect, as the case may be; so, however, that an y such modification or annulment shall be without prejudice to the validity of anything previously do ne under that rule or regulation. (2) Every rule made under this Act by a State Governm ent and every regulation made by a State Authority thereunder shall be laid, as soon as may be after it is made, before the State Legislature.

THE ADVOCATES ACT, 1961 ACT NO. 25 OF 1961 [19th May , 1961.] An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All -India Bar. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows : CHAPTER I PRELIMINARY 1. Short title, extent and commencement .(1) This Act may be called the Advocates Act, 1961. 1[(2) It extends to the whole of India.] (3) It 2[shall, in relation to the territories other than those referred to in sub -section ( 4), come into force] on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different dates3 may be appointed for different pro visions of this Act. 4[(4) This Act shall, in relation to the State of Jammu and Kashmir *5 and the Union territory of Goa, Daman and Diu, come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act.] 2. Definitions .6[(1)] In this Act, unless the context otherwise requires, 1. Subs. by Act 60 of 1973, s. 2, for sub -section ( 2) (w.e.f. 31 -1-1974). 2. Subs. by s. 2, ibid., for shall come into force (w.e.f. 31 -1-1974). 3. The provisions of the A ct have been brought into force as under: 16th August , 1961, vide notification No. S. O. 1870, dated 7th September, 1961, in respect of Chapter I , II and VII, see Gazette of India, Ex traordinary, Part II, sec. 3( ii). 1st December, 1961, vide notification No. S.O. 2790, dated 24th November, 1961, in respect of Chapter III and s. 50( 2), see Gazette of India, Extraordinary , Part II, sec. 3( ii). 15th December, 1961, vide notification No. S.O. 2919, dated 13th December, 1961 , in respect of s. 50( 1), see Gazet te of India, Extraordinary, Part II, sec . 3(ii). 24th January, 1962, vide notification No. S.O. 297, dated 24th January 1962 , in respect of s s. 51 and 52 , see Gazette of India, Extraordinary, Part II, sec . 3(ii). 29th March, 1962, vide notification No. S.O . 958, dated 29th March 1962, in respect of s . 46, see Gazette of India, Extraordinary, Part II, sec . (ii). 4th January, 1963, vide notification No. S.O. 50, dated 4th January 1963, in respect of s. 32 and Chapter V I [except s. 46, sub-section s (1) and ( 2) of s. 50, ss. 51 and 52 ], see Gazette of India, Extraordinary, Part II, sec . 3(ii). 1st September, 1963, vide notification No. S.O. 2509 , dated 31st August, 1963, in respect of Chapter V , see Gazette of India, Extraordinary, Part II, sec. 3(ii). 10th June, 1968, vide notification No. S.O. 63, dated 7th June 1968, in respect of Chapter s I, II, III, section 32 of Chapter IV and Chapters V, VI, VII and VIII in the Union territory of Pondicherry , see Gazette of India, Extraordinary, Part II, sec . 3(ii). 1st June, 1969, vide notification No. S.O. 1500 , dated 5th April, 1969 , in respect of ss. 29, 31, 33 and 34 of Chapter IV , see Gazette of India, Extraordinary, Part II, sec . 3(ii). 1st June, 1979, vide notification No. G.S.R. 84 (E), dated 2 1st February 1979 , except section 30 in respect of the Union territory of Goa, Daman and Diu , see Gazette of India, Extraordinary, Part II, sec . 3(i). 15th June, 2011, vide notification No. S.O. 1349(E), dated 9th June, 2011, in respect of section 30, see Gazette of India, Extraordinary, Part II, sec. 3( i). 4. Ins. by Act 60 of 1973, s. 2 (w.e.f. 31 -1-1974). 5. 1st August 1986 , vide notification No. G.S.R. 946 (E), dated 15th July 1986 , except section 30, in respect of the State of Jammu and Kash mir. 6. Se ction 2 renumbered as sub -section ( 1) of that section by Act 60 of 1973, s. 3 (w.e.f. 31 -1-1974). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territo ry of Ladakh. 5 (a) advocate means an advocate entered in any roll under the provisions of this Act; (b) appointed day , in relation to any provision of this Act, means the day on which that provision comes into force; 1* * * * * (d) Bar Council means a Bar Council constituted under this Act; (e) Bar Council of India means the Bar Council con stituted under section 4 for the territories to which this Act extends; 2* * * * * (g) High Court , except in sub -section ( 1) 3[and sub -section ( 1A)] of section 34 and in sections 42 and 43, does not include a court of the Judicial Commissio ner, and, in relation to a State Bar Council, means, -- (i) in the case of a Bar Council constituted for a State or for a State and one or more Union territories, the High Court for the State; (ii) in the case of the Bar C ouncil constituted for Delhi, 4[the High Court of Delhi]; (h) law graduate means a person who has obtained a bachelor's degree in law from any University established by law in India; (i) legal pr actitioner means an advocate 5[or vakil] of any High Court, a pleader, mukhtar or revenu e agent; (j) prescribed means prescribed by rules made under this Act; (k) roll means a roll of advocates prepared and maintained under this Act; (l) State does not include a Union territory; (m) State Bar Council means a Bar Council constitute d under section 3; (n) State roll means a roll of advocates prepared and maintained by a State Bar Council under section 17. 3[(2) Any reference in this Act to a law which is not in force 6*** in the Union territory of Goa, Daman and Diu, shall, in rel ation to 7*** that territory, be construed as a reference to the corresponding law, if any, in force in that State or that territory, as the case may be.] CHAPTER II BAR COUNCILS 3. State Bar Councils .(1) There shall be a Bar Council (a) for each of the States of Andhra Pradesh, Bihar, Gujarat, 8[Jammu and Kashmir,] 9[Jharkhand], 10[Madhya Pradesh and Chhattisgarh] , 11***, 12***, 13[Karnataka], Orissa, 14[Rajasthan , Telangana 15[Uttar Pradesh ], 16[Uttaranchal , Meghalya, Manipur and Tripura ]], to be known as the Bar Council of that State; 1. Clause (c) omitted by Act 107 of 1976, s. 2 (w.e.f. 15 -10-1976). 2. Clause (f) omitted by Act 60 of 1973, s. 3 (w.e.f. 31 -1-1974). 3. Ins. by s. 3, ibid. (w.e.f. 31 -1-1974). 4. Subs. by s. 3, ibid., for the High Court of Punjab (w.e.f. 31- 1-1974). 5. Subs. b y Act 107 of 1976, s. 2, for vakil or attorney (w.e.f. 15 -10-1976). 6. The words in the State of Jammu and Kashmir or omitted by 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).] 7. The words that State or omitted by 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) . 8. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31 -1-1974). 9. Ins. by Act 30 of 2000, s. 28 (w.e.f. 15-11-2000). 10. Subs. by Act 28 of 2000, s.24, for and Madhya Pradesh (w.e.f. 1 -11-2000). 11. The word Madras omitted by Act 26 of 1968, s. 3 and Sch. 4. 12. The word Mahara shtra omitted by Reg. 8 of 1963, s. 12 (w.e.f. 1 -7-1965). 13. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for Mysore (w.e.f. 1 -11-1973). 14. Subs. by Act 6 of 2014, s. 34, for Rajasthan, Uttar Pradesh (w.e.f. 2 -6-2014). 15. Subs. by Act 29 of 2000, s. 29, for and Uttar Pradesh (w.e.f. 9 -11-2000). 16. Subs. by Act 26 of 2012, s. 9, for and Uttaranchal (w.e.f. 23 -3-2013). 6 1[(b) for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland ;] (c) for the State of Kerala and the Union territory of 2[Lakshadweep] to be known as the Bar Council of Kerala; 3[(cc) for the 4[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar Council of Madras;] 5[(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar H aveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;] 6[(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the Bar Council of Punjab and Haryana; (dd) for the State of Himachal Prades h, to be known as the Bar Council of Himachal Pradesh;] (e) for the State of West Bengal and the 7[Union territory of Andaman and Nicobar Islands], to be known as the Bar Council of West Bengal; and (f) for the Union territory of Delhi, to be known as th e Bar Council of Delhi. (2) A State Bar Council shall consist of the following members, namely: (a) in the case of the State Bar Council of Delhi, the Additional Solicitor -General of India, ex officio ; 8[9[in the case of the State Bar Council s of Assam, Arunachal Pradesh , Mizoram and Nagaland, the Advocate -General of each of the States of Assam, A runachal Pradesh , Mizoram and Nagaland] ex officio ; in the case of the State Bar Council of Punjab and Haryana, the Advocate -General of each of the States of Punjab and Haryana, ex officio ;] and in the case of any other State Bar Council, the Advocate -General of the State, ex officio ; 10[(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty m embers, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty -five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the elect oral roll of the State Bar Council:] 11[Provided that as nearly as possible one -half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been advocates o n a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38

any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).] 1. Subs. by Acts 26 of 2012, s. 9 , for clause ( b) (w.e.f .23-3-2013 ). 2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 19 73), s. 5, for the Laccadive, Minicoy and Amindivi Islands (w.e.f. 1 -11-1973). 3. Ins. by Act 26 of 1968, s. 3 and the Sch. 4. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for State of Madras (w.e.f. 14 - 1-1969). 5. Subs. by Act 18 of 1987, s. 21, for cl ause (ccc) (w.e.f. 30 -5-1987). 6. Subs. by Act 53 of 1970, s. 24, for clause (d) (w.e .f. 25 -1-1971). 7. Subs. by Act 81 of 1971, s. 34, for Union territories of Tripura and the Andaman and Nicobar Islands (w.e.f. 21 -1-1972). 8. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31 -1-1974). 9. Subs. by Act 26 of 2012, s. 9, for in the case of the Stat e Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate -General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura (w.e.f. 23 -3-2013). 10. Subs. by Act 60 of 1973 , s. 4, for clause (b) (w.e.f. 31 -1-1974). 11. Ins. by Act 21 of 1964, s. 2 (w.e.f. 16 -5-1964) . 7 1[(3) There shall be a Chairman and a Vice -Chairman of each State Bar Council elected by the Council in such manner as may be prescribed. (3A) Every person holding office as Chairman or as Vice -Chairman of any State Bar Council immediately before the commencement of the Ad vocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice -Chairman, as the case may be: Provided that every such person shall continue to carry on the duties of his office until the Chairman or the V ice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charges of the office.] 1[(4) An advocate shall be disqualified from voting at an election under sub -section ( 2) or for being chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council. (5) Nothing in the proviso to sub -section ( 2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.] 2[(6) Nothing in clause ( b) of sub -section ( 2) shall affe ct the representation of elected members in any State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of thi s Act.] 4. Bar Council of India .(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely: (a) the Attorney -General of India, ex officio ; (b) the Solicitor -General of India, ex officio ; 3* * * * * (c) one member elected by each State Bar Council from amongst its members. 4[(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he posse sses the qualifications specified in the proviso to sub -section ( 2) of section 3.] 5[(2) There shall be a Chairman and a Vice -Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed. (2A) A person holding office as Chairman or as Vice -Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice -Chairman, as the case may be: Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice -Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charge of the offi ce.] 1. Subs. by Act 38 of 1977, s. 2, for sub -section s (3) and ( 3A) (w.e.f. 31 -10-1977). 2. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31 -1-1974). 3. Clause (bb) omitted by Act 38 of 1977, s. 3 (w.e.f. 31 -10-1977) . 4. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31 -1-1974) . 5. Subs. by Act 38 of 1977, s. 3, for sub -section s (2) and ( 2A) (w.e.f. 31 -10-1977). 8 1[(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall , (i) in the case of a member of a State Bar Council who holds office ex officio , be two years from the date of his election 2[or till he ceases t o be a member of the State Bar Council, whichever is earlier]; and (ii) in any other case, be for the period for which he holds office as a member of the State Bar Council: Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected.] 5. Bar Council to be body corporate .Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and t o contract, and may be the name by which it is known sue and be sued. 6. Functions of State Bar Councils .(1) The functions of a State Bar Council shall be (a) to admit persons as advocates on its roll; (b) to prepare and maintain such roll; (c) to en tertain and determine cases of misconduct against advocates on its roll; (d) to safeguard the rights, privileges and interests of advocates on its roll; 3[(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause ( a) of sub -section ( 2) of this section and clause ( a) of sub -section ( 2) of section 7;] (e) to promote and support law reform; 4[(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publ ish journals and papers of legal interest; (eee) to organise legal aid to the poor in the prescribed manner;] (f) to manage and invest the funds of the Bar Council; (g) to provide for the election of its members; 3[(gg) to visit and inspect Universitie s in accordance with the directions given under clause ( i) of sub-section ( 1) of section 7;] (h) to perform all other functions conferred on it by or under this Act; (i) to do all other things necessary for discharging the aforesaid functions. 5[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of (a) giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates; (b) giving legal aid or advice in accordance with th e rules made in this behalf; 3[(c) establishing law libraries.] 1. Ins. by Act 21 of 1964, s. 3 (w.e.f. 16 -5-1964). 2. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31 -1-1974). 3. Ins. by A ct 70 of 1993, s. 2 (w.e.f. 26 -12-1993). 4. Ins. by Act 60 of 1973, s. 6 (w.e.f. 31 -1-1974). 5. Subs. by s. 6, ibid., for sub -section ( 2) (w.e.f. 31 -1-1974). 9 (3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub -section ( 2) which shall be credited to the appropriate fund or funds constituted under that sub -section.] 7. Functions of Bar Council of India . 1[(1)] The functions of the Bar Council of India shall be 2* * * * * (b) to lay down standards of professional conduct and etiquette for advocates; (c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council; (d) to safeguard the rights, privileges and interests of advocates; (e) to promote and support law reform; (f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council; (g) to exercise general supervision and control over State Bar Councils; (h) to promote legal education and to lay down standards of such education in cons ultation with the Universities in India imparting such education and the State Bar Councils; (i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to v isit and inspect Universities 3[or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf] ; 4[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal i nterest; (ib) to organise legal aid to the poor in the prescribed manner; (ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;] (j) to manage and invest the funds of the Bar Council; (k) to provide for the election of its members; (l) to perform all other functions conferred on it by or under this Act; (m) to do all other things necessary for discharging the aforesaid functions. 4[(2) The Bar Council o f India may constitute one or more funds in the prescribed manner for the purpose of (a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates; (b) giving legal aid or advice in accordance with the rules made i n this behalf. 5[(c) establishing law libraries.] (3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub -section ( 2) which shall be credited to the appropriate fund or funds c onstituted under that sub -section.] 1. Section 7 r e-numbered as sub -section ( 1) of that section by Act 60 of 1973, s. 7 (w.e.f. 31 -1-1974). 2. Clause (a) omitted by s. 7, ibid. (w.e.f. 31 -1-1974). 3. Added by Act 70 of 1993, s. 3 (w.e.f. 26 -12-1993). 4. Ins. by Act 60 of 1973, s. 7 (w.e.f. 31 -1-1974). 5. Ins. by Act 70 of 1993, s. 3 (w.e.f. 26 -12-1993). 10 1[7A. Membership in international bodies .The Bar Council of India may become a member of international legal bodies such as the International Bar Association or the International Legal Aid Association, contribute such s ums as it thinks fit to such bodies by way of subscription or otherwise and authorise expenditure on the participation of its representatives in any international legal conference or seminar.] 2[8. Term of office of members of State Bar Council .The term o f office of an elected member of a State Bar Council (other than an elected member thereof referred to in section 54) shall be five years from the date of publication of the result of his election: Provided that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months. 8A. Constitution of Special Committee in the abse nce of election .(1) Where a State Bar Council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be, referred to in section 8, the Bar Council of India shall, on and from the date immediately following the day of such expiry, constitute a Special Committee consisting of (i) the ex officio member of the State Bar Council referred to in clause ( a) of sub -section ( 2) of section 3 to be the Chairman: Provided that where there ar e more than one ex officio

( 2) of section 3 to be the Chairman: Provided that where there ar e more than one ex officio members, the senior most amongst them shall be the Chairman; and (ii) two members to be nominated by the Bar Council of India from amongst advocates on the electoral roll of the State Bar Council, to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act. (2) On the constitution of the Special Committee and until the State Bar Council is constituted (a) all properties and assets vesting in the State Bar Council shall vest in the Sp ecial Committee; (b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee; (c) all proceedings pending before the Sta te Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Special Committee. (3) The Special Committee constituted under sub -section ( 1) shall, in accordance with such directions as the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub -section ( 1), and where, for any reason the Special Committee is not in a position to conduct election within the said pe riod of six months, the Bar Council of India may, for reasons to be recorded by it in writing, extend the said period.] 3[9. Disciplinary committees .(1) A Bar Council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co -opted by the Council from amongst advocates who possess the qualifications specified in the proviso to sub -section ( 2) of section 3 and who are not members of the Council, and the senior -most advocate amongst the members of a disciplinary committee shall be the Chairman thereof. (2) Notwithstanding anything contained in sub -section ( 1), any disciplinary committee constituted prior to the commencement of the Advocates (A mendment) Act, 1964 (21 of 1964 ) may dispose of the proceedings pending before it as if this section had not been amended by the said Act.] 1. Ins. by Act 60 of 1973, s. 8 (w .e.f. 31 -1-1974). 2. Subs. by Act 70 of 1993, s. 4 , for section 8 (w.e.f. 26 -12-1993). 3. Subs. by Act 21 of 1964, s. 5, for section 9 (w.e.f. 16 -5-1964). 11 1[9A. Constitution of legal aid committees .(1) A Bar Council may constitute one or more legal aid committees each of which shall consist of such number of members, not exceeding nine but not less than five, as may be prescribed. (2) The qualifications, the method of selection and the term of office of the members of a legal aid committee shall be such as may be prescribed.] 10. Constitution of committees other than disciplinary committees .(1) A State Bar Council shall constitute the following standing committees, namely: (a) an executive committee consisting of five members elected by the Council from amongst its members; (b) an enrolment committee consisting of three members elected by the Council from amongst its members. (2) The Bar Council of India shall constitute the following standing committees, namely: (a) an executive committee consisting of nine members elected by the Council from amongst its members; (b) a legal education committee consisting of ten members, of w hom five shall be persons elected by the Council from amongst its members and five shall be persons co - opted by the Council who are not members thereof. (3) A State Bar Council and the Bar Council of India may constitute from amongst its members such oth er committees as it may deem necessary for the purpose of carrying out the provisions of this Act. 2[10A. Transaction of business by Bar Councils and committees thereof .3[(1) The Bar Council of India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing, determine. (2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be recorded in writing, determine.] (3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the headquarters of the respective Bar Councils. (4) Every Bar Council and every committee thereof except the disciplinary commit tees shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed. (5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall observe such rules of pro cedure in regard to the transaction of business at their meetings as may be prescribed.] 4[5[10B.] Disqualification of members of Bar Council .An elected member of a Bar Council shall be deemed to have vacated his office if he is declared by the Bar Counci l of which he is a member to have been absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar Council of India.] 1. Ins. by Act 60 of 1973, s. 9 (w.e.f. 31 -1-1974). 2. Ins. by s. 10 , ibid. (w.e.f. 31 -1-1974). 3. Subs. by Act 70 of 1993, s. 5, for sub -sections ( 1) and ( 2) (w.e.f. 26 -12-1993). 4. Ins. by Act 21 of 1964, s. 6 (w.e.f. 16 -5-1964). 5. Section 10 A re-numbered as section 10B of the Ac t by Act 60 of 1973, s. 10 (w.e.f. 31 -1-1974). 12 11. Staff of Bar Council .(1) Every Bar Council shall appoint a secretary and may appoint an accountant and such number of other persons on its staff as it may deem necessary. (2) The secretary and the accountant, if any, shall possess such qualifications as may be prescribed. 12. Accounts and Audit .(1) Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed. (2) The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may be prescribed. 1[(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next fol lowing, a State Bar Council shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published in the official Gazette. (4) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, the Bar Council of India shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Central Government and shall c ause the same to be published in the Gazette of India.] 13. Vacancies in Bar Council and committees thereof not to invalidate action taken .No act done by a Bar Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council or committee, as the case may be. 14. Election to Bar Councils not to be questioned on certain grounds . No election of a member to a Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less than thi rty days before that date, been published in the Official Gazette. 15. Power to make rules .(1) A Bar Council may make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for 2[(a) the election of members of the Bar Council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of election shall be published;] 3* * * * * 4[(c) the manner of electio n of the Chairman and the Vice -Chairman of the Bar Council;] (d) the manner in which and the authority by which doubts and disputes as to the validity o f an election to the Bar Council 4[or to the office of the Chairman or Vice -Chairman] shall be finally decided; 5* * * * * (f) the filling of casual vacancies in the Bar Council; (g) the powers and dutie s of the Chairman and the Vice -Chairma n of the Bar Council; 1. Subs. by Act 60 of 19 73, s. 11, for sub -section ( 3) (w.e.f. 31 -1- 1974). 2. Subs. by s. 12, for clause (a), ibid. (w.e.f. 31 -1-1974). 3. Clause (b) omitted by s. 12 , ibid. (w.e.f. 31 -1-1974). 4. Ins. by Act 38 of 1977, s. 5 (w.e.f. 31 -10-1977). 5. Clause (e) omitted by Act 2 3 of 1966, s. 3 (w.e.f. 3 -9-1966 ). 13 1[(ga) the constitution of one or more funds by a Bar Council for the purpose of giving financial assistance or giving legal ai d or advice referred to in sub -section ( 2) of section 6 and sub -section ( 2) of section 7; (gb) organisati on of legal aid and advice to the poor, constitution and f unctions of committees and sub-committees for that purpose and description of proceedings in connection with which legal aid or advice may be given;] (h) the summoning and holding o f meetings of th e Bar Council, 2*** the conduct of business thereat, and the number of members necessary to constitute a quorum; (i) the constitution and functions of any committee of the Bar Council and the term of office of members of any such committee; (j) the summo ning and holding of meetings, the conduct of business of any such committee, and the number of members necessary to constitute a quorum; (k) the qualifications and the conditions of service of the secretary, the accountant and other employees of the Bar C ouncil; (l) the maintenance of books of accounts and other books by the Bar Council; (m) the appointment of auditors and the audit of the accounts of the Bar Council; (n) the management and investment of the funds of the Bar Council. (3) No rules made under this section by a State Bar Council shall have effect unless they have been approved by the Bar Council of India. CHAPTER III ADMISSION AND ENROLMENT OF ADVOCATES 16. Senior and other advocates .(1) There shall be two classes of advocates, namely, senior advocates and other advocates. (2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion t hat by virtue of his ability, 3[standin g at the Bar or special knowledge or experience in law] he is deserving of such distinction. (3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interests of the legal profes sion, prescribe. (4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate: 4[Provided that where any such senior advocate makes an application before the 31st December, 1965 to the Bar Council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate, the Bar Council may grant the application and the roll shall be altered accordingly.] 17. State Bar Councils to maintain roll of advocates .(1) Every State Bar Council shall prepare and maintain a roll of advocates in which shall be entered the names and addresses of (a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 192 6), immedia tely before the appointed day 5[including persons, being citizens 1. Ins. by Act 60 of 1973, s. 12 (w.e.f. 31 -1-1974). 2. The words the times and places where such meetings are to be held omitted by s. 12 , ibid. (w.e.f. 31 -1-1974). 3. Subs. by s. 13, ibid., for experience and standing at the Bar (w.e.f. 31 -1-1974). 4. Ins. by Act 21 of 1964, s. 8 (w.e.f. 16 -5-1964). 5. Subs. by Act 60 of 1973, s. 14, for and who, within the prescribed time (w.e.f. 31 -1-1974). 14 of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area which before the said date was comprised within India as defined in th e Government of India Act, 1935 and who at any time] express an intention in the prescribed manner to practise within the jurisdiction of the Bar Council; (b) all other persons who are admitted to be advocates on the roll of the State Bar Council under t his Act on or after the appointed day. (2) Each such roll of advocates shall consist of two parts, the first part containing the names of senior advocates and the second part, the names of other advocates. (3) Entries in each part of the roll of advocate s prepared and maintained by a State Bar Council under this section shall be in the order of seniority, 1[and, subject to any rule that may be made by the Bar Council of India in this behalf, such seniority shall be determined] as follows: (a) the seniority of an advocate referred to in clause ( a) of sub -section ( 1) shall be

as follows: (a) the seniority of an advocate referred to in clause ( a) of sub -section ( 1) shall be determined in accordance with his date of enrolment under the Indian Bar Councils Act, 1926 (38 of 1926); (b) the seniority of any person who was a senior advocate o f the Supreme Court immediately before the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance with such principles as the Bar Council of India may specify; 2* * * * * (d) the seniority of an y other person who, on or after the appointed day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be. 3[(e) notwithstanding anything contained in clause ( a), the seniority of an attorney enrolled [whether before or after the commencement of the Advocates (Amendment) Act, 1980 (47 of 1980)] as an advocate shall be determined in accordance with the date of his enrolment as an attorney.] (4) No person shall be enr olled as an advocate on the roll of more than one State Bar Council. 18. Transfer of name from one State roll to another .(1) Notwithstanding anything contained in section 17, any person whose name is entered as an advocate on the roll of any State Bar Council may make an application in the prescribed form to the Bar Council of India for the transfer of his name from the rol l of that State Bar Council to the roll of any other State Bar Council and, on receipt of any such application the Bar Council of India shall direct that the name of such person shall, without the payment of any fee, be removed from the roll of the first m entioned State Bar Council and entered in the roll of the other State Bar Council and the State Bar Councils concerned shall comply with such direction: 4[Provided that where any such application for transfer is made by a person against whom any disciplin ary proceeding is pending or where for any other reason it appears to the Bar Council of India that the application for transfer has not been made bona fide and that the transfer should not be made, the Bar Council of India may, after giving the person mak ing the application an opportunity of making a representation in this behalf, reject the application.] (2) For the removal of doubts it is hereby declared that where on an application made by an advocate under sub -section ( 1), his name is transferred from the roll of one State Bar Council to that of another, he shall retain the same seniority in the latter roll to which he was entitled in the former roll. 1. Subs. by Act 21 of 1964, s. 9, for and such seniority shall be determin ed (w.e.f. 16 -5-1964). 2. Clause (c) omitted by Act 60 of 1973, s. 14 (w.e.f. 31 -1-1974). 3. Ins. by Act 47 of 1980, s. 2 (29 -11-1980). 4. The proviso added by Act 21 of 1964, s. 10 (w.e.f. 16 -5-1964). 15 19. State Bar Councils to send copies of rolls of advocates to the Bar Council of India .Every State Bar Council shall send to the Bar Council of India an authenticated copy of the roll of advocates prepared by it for the first time under this Act and shall thereafter communicate to the Bar Council of India all alterations in and additions to any such rol l, as soon as the same have been made. 1[20. Special provision for enrolment of certain Supreme Court advocates .(1) Notwithstanding anything contained in this Chapter, every advocate who was entitled as of right to practise in the Supreme Court immediately before the appointed day and whose name is not entered in any State roll may, within the prescribed time, expr ess his intention in the prescribed form to the Bar Council of India for the entry of his name in the roll of a State Bar Council and on receipt thereof the Bar Council of India shall direct that the name of such advocate shall, without payment of any fee, be entered in the roll of that State Bar Council, and the State Bar Council concerned shall comply with such direction. (2) Any entry in the State roll made in compliance with the direction of the Bar Council of India under sub-section ( 1) shall be made in the order of seniority determined in accordance with the provisions of sub - section (3) of section 17. (3) Where an advocate referred to in sub -section ( 1) omits or fails to express his intention within the prescribed time, his name shall be entered in the roll of the State Bar Council of Delhi.] 21. Disputes regarding seniority .(1) Where the date of seniority of two or more persons is the same, the one senior in age shall be reckoned as senior to the other. 2[(2) Subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall be referred to the State Bar Council concerned for decision.] 3[22. Certificate of enrolment .(1) There shall be issued a certificate of enrolment in the prescribed form by the State Bar Council to every person whose name is entered in the roll of advocates maintained by it under this Act. (2) Every person whose name is so entered in the State roll shall notify any change in the place of his permanent residence to the State Bar Council concerned within ninety days of such change.] 23. Right of pre -audience .(1) The Attorney -General of India shall have pre -audience over all other advocates. (2) Subject to the provisions of sub -section ( 1), the Solicitor -General of India shall have pre -audience over all other advocates. (3) Subject to the provisions of sub -sections ( 1) and ( 2), the Additional Solicitor -General of India shall have pre -audience over all other advocates. 4[(3A) Subject to the provisions of sub -sections ( 1), (2) and ( 3), the second Additional Solicitor -General of India shall have pre -audience over all other advo cates.] (4) Subject to the pr ovisions of sub -sections ( 1), 5[(2), (3) and ( 3A)], the Advocate -General of any State shall have pre -audience over all other advocates, and the right of pre -audience among Advocates -General inter se shall be determined by thei r respective seniority. (5) Subject as aforesaid (i) senior advocates shall have pre -audience over other advocates, and 1. Subs. by Act 60 of 1973, s. 15, for section 20 (w. e.f. 31 -1-1974). 2. Subs. by s. 16, ibid., for sub -section ( 2) (w.e.f. 31 -1- 1974). 3. Subs. by s. 17, ibid., for section 22 (w.e.f. 31 -1-1974). 4. Ins. by Act 47 of 1980, s. 3 (w.e.f. 29 -11-1980). 5. Subs. by s. 3, ibid., for (2) and ( 3) (w.e.f. 29 -11-1980). 16 (ii) the right of pre -audience of senior advocates inter se and other advocates inter se shall be determined by their respective seni ority. 24. Persons who may be admitted as advocates on a State roll .(1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfils the following conditions , namely: (a) he is a citizen of India: Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practise l aw in that other country; (b) he has completed the age of twenty -one years; (c) he has obtained a degree in law (i) before the 1[12th day of March, 1967], from any University in the territory of India; or (ii) before the 15th day of August, 1947, from any University in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or 2[(iii) after the 12th day of March, 1967, save as provided in sub -clause ( iiia), after undergoing a three -year course of stud y in law from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or (iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967 -68 or any earlier academic year from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or] 3[(iv) in any other case, from any University outside the territory of India, if the degree is recogn ised for the purposes of this Act by the Bar Council of India; or] 4[he is a barrister and is called to the Bar on or before th e 31st day of December, 1976; 5[or has passed the article clerk's examination or any other examination specified by the High Cou rt at Bombay or Calcutta for enrolment as an attorney of that High Court;] or has obtained such other foreign qualification in law as is recognised by the Bar Council of India for the purpose of admission as an advocate under this Act]; 6* * * * * (e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council under this Chapter; 7[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payabl e to the State Bar Council of 8[six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that Council:] 1. Subs. by Act 60 of 1973, s. 18, for 28th day of February, 1963 (w.e.f. 31 -1-1974). 2. Subs. by s. 18, ibid., for sub -clause ( iii) (w.e.f. 31 -1-1974). 3. Ins. by Act 21 of 196 4, s. 13 (w.e.f. 16 -5-1964). 4. Subs. by Act 60 of 1973, s. 18, for he is a barrister (w.e.f. 31 -1-1974). 5. Ins. by Act 107 of 1976, s. 6 (w.e.f. 15 -10-1976). 6. Clause (d) omitted by Act 60 of 1973, s. 18 (w.e.f. 31 -1-1974). 7. Subs. by s. 18, ibid., for clause (f) (w.e.f. 31 -1-1974). 8. Subs. by Act 70 of 1993, s. 6, for two hundred and fifty rupees (w.e.f. 26 -12-1993). 17 Provided that where such person is a member of the Scheduled C astes or the Scheduled Tribes and produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable by him to t he State Bar Council shall be 1[one hundred rupees and to the Bar Council of India, twenty -five rupees .] 2[Explanation .For the purposes of this sub -section, a person shall be deemed to have obtained a degree in law from a University in India on the date on which the results of the examination for that degree are published by the University on its notice board or otherwise declaring him to have passed that examination.] (2) Notwithstanding anything contained in sub -section ( 1), 3[a vakil or a pleader who is a law graduate] may be admitted as an advocate on a State roll if he (a) makes an application for such enrolment in accordance with the provisions of this Act, not later than two years from the appointed day; and (b) fulfils the conditions specified in clauses ( a), (b), (e) and ( f) of sub -section ( 1). 4[(3) Notwithstanding anything contained in sub -section ( 1) a perso n who (a) 5*** has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any tim e to be enrolled under any law 6*** as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory; or 7[(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the said date; or] 8* * * * * (c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was comprised within Burma as defined in the Gover nment of India Act, 1935 (25 & 26 Geo. 5 C 42) ; or (d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may be admitted as an advocate on a State roll if he (i) makes an application for such enrol ment in accordance with the provisions of this Act; and (ii) fulfils the conditions specified in clauses ( a), (b), (e) and ( f) of sub -section ( 1).] 9* * * * * 10[24A. Disqualification for enrolment .(1) No person shall be admitted as an advoca te on a State roll (a) if he is convicted of an offence involving moral turpitude; (b) if he is convicted of an off ence under the provisions of the Untouchability (O ffences) Act, 1955 (22 of 1955); 1. Subs. by Act 70 of 1993 , s. 6, for one hundred and twenty -five rupees (w.e.f. 26 -12-1993).

, for one hundred and twenty -five rupees (w.e.f. 26 -12-1993). 2. Ins. by Act 14 of 1962, s. 2 (w.e.f. 30 -3-1962). 3. Subs. by Act 21 of 1964, s. 13, for certain words (w.e.f. 16 -5-1964). 4. Ins. by s. 13, ibid. (w.e.f. 16 -5-1964). 5. The words , figures and letter before the 31st day of March, 1964, omitted by Act 33 of 1968, s. 2 (w.e.f. 5 -6-1968). 6. The words then in force omitted by s. 2, ibid. (w.e.f. 5 -6- 1968). 7. Ins. by Act 60 of 1973, s. 18 (w.e.f. 31 -1-1974). 8. Clause (b) omitted by s. 18, ibid. (w.e.f. 31 -1-1974). 9. Sub-section ( 4) omitted by Act 107 of 1976, s. 6 (w.e.f. 15 -10-1976). 10. Ins. by Act 60 of 1973, s. 19 (w.e.f. 31 -1-1974). 18 1[(c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude. Explanation .In this clause, the expression State shall have the meaning assigned to it under article 12 of the Constitution:] Provided that the disqualification for enrolment as aforesai d shall cease to have effect after a period of two years has elapsed since his 2[released or dismissal or, as the case may be, removal .] (2) Nothing contained in sub -section ( 1) shall apply to a person who having been found guilty is dealt with under the provisions of the Probation of Offenders Act, 1958 (20 of 1958).] 25. Authority to whom applications for enrolment may be made .An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practise. 26. Disposal of applications for admission as an advocate .(1) A State Bar Council shal l refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of sub-sections ( 2) and ( 3) 3[and to any direction that may be given in writing by the State Bar Council in this behalf], such committee shall dispose of the application in the prescribed manner: 4[Provided that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misreprese ntation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard.] (2) Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application. (3) The enrolment committee of a State Bar Counc il shall dispose of any application referred to the Bar Council of India under sub -section ( 2) in conformity with the opinion of the Bar Council of India. 3[(4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal.] 5[26A. Power to remove names from roll .A State Bar Council may remove from the State roll the name of any advocate who is dead or from whom a request has been received to that effect.] 27. Application once refused not to be entertained by anoth er Bar Council except in certain circumstances .Where a State Bar Council has refused the application of any person for admission as an advocate on its roll, no other State Bar Council shall entertain an application for admission of such person as an advoc ate on its roll, except with the previous consent in writing of the State Bar Council which refused the application and of the Bar Council of India. 28. Power to make rules .(1) A State Bar Council may make rules to carry out the purposes of this Chapter. 1. Ins. by Act 70 of 1993, s. 7 (w.e.f. 26 -12-1993). 2. Subs. by s. 7, ibid., for release (w.e.f. 26 -12-1993). 3. Ins. by Act 21 of 1964, s. 14 (w.e.f.16 -5-1964). 4. The proviso added by s. 14, ibid. (w.e.f. 16 -5-1964). 5. Subs. b y Act 60 of 1973, s. 20, for section 26A ( w.e.f. 31 -1-1974). 19 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for 1[(a) the time within which and form in which an advocate shall express his intention for the entry of his name in the roll of a State Bar Counci l under section 20;] 2* * * * * (c) the form in which an application shall be made to the Bar Council for admission as an advocate on its roll and the manner in which such application shall be disposed of by the enrolment committee of the Bar Council; (d) the conditions subject to which a person may be admitted as an advocate on any such roll; (e) the instalments in which the enrolment fee may be paid. (3) No rules made under this Chapter shall have effect unless they have been approved by the Bar Council of India. CHAPTER IV RIGHT TO PRACTISE 29. Advocates to be the only recognised class of persons entitled to practise law .Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates. 30. Right of advocates to practise .Subject to the pro visions of this Act, every advocate whose name is entered in the 3[State roll] shall be entitled as of right to practise throughout the territories to which this Act extends, (i) in all courts including the Supreme Court; (ii) before any tribunal or per son legally authorised to take evidence; and (iii) before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise. 31. [Special provision for attorneys .].Omitted by the Advocates (Am endment) Act, 1976 (107 of 1976), s. 7 (w.e.f. 1-1-1977). 32. Power of court to permit appearances in particular cases .Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case. 33. Advocates alone entitled to practise .Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entit led to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act. 34. Power of High Courts to make rules .(1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto. 4[(1A) The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary's advocate upon all proceedings in the High Court or in any Court subordinate thereto.] 1. Subs. by Act 60 of 1973, s. 21 , for clause (a) (w.e.f. 31 -1-1974). 2. Clause (b) omitted by s. 21, ibid. (w.e.f. 31 -1-1974). 3. Subs. by s. 22, ibid., for common roll (w.e.f. 31 -1- 1974). 4. Ins. by s. 23 , ibid. (w.e.f. 31 -1-1974). 20 1[(2) Without prejudice to the provis ions contained in sub -section ( 1), the High Court at Calcutta may make rules providing for the holding of the Intermediate and the Final exa minations for articled clerks to be passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith.] 2* * * * * CHAPTER V CONDUCT OF ADVOCATES 35. Punishme nt of advocates for misconduct .(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. 3[(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Co uncil.] (2) The disciplinary co mmittee of a State Bar Council 4*** shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate -General of the State. (3) The disciplinary committe e of a State Bar Council after giving the advocate concerned and the Advocate -General an opportunity of being heard, may make any of the following orders, namely: (a) dismiss the complaint or, where the proceedings were initiated at the instance of the S tate Bar Council, direct that the proceedings be filed; (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it may deem fit; (d) remove the name of the advocate from the State roll of advocates. (4) Where an advocate is suspended from practice under clause ( c) of sub -section ( 3), he shall, during the period of suspension, be debarred from practising in any court or before any authority or person in India. (5) Where any notice is issued to the Advocate -General under sub -section ( 2), the Advocate -General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf. 5[Explanation .In this section, 3[section 37 and section 38], the expressions Advoca te-General and Advocate -General of the State shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India.] 36. Disciplinary powers of Bar Council of India .(1) Where on receipt of a complaint or otherwise the Bar C ouncil of India has reaso n to believe that any advocate 6*** whose name is not entered on any State roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. (2) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar Council of India may, 7[either of its own motion or on a report by any State Bar Council or on an application made to it 1. Ins. by Act 38 of 1977, s. 6 (w.e.f. 31 -10-1977) . 2. Sub -section ( 3) omitted by Act 107 of 1976, s. 8 (w.e.f. 1 -1-1977). 3. Ins. by Act 60 of 1973, s. 24 (w.e.f. 31 -1-1974). 4. The words , if it does not summarily reject the complaint, omitted by s. 24, ibid. (w.e.f. 31 -1-1974). 5. Ins. by Act 21 of 1964, s. 17 (w.e.f. 16 -5-1964). 6. The words on the common roll omitted by Act 60 of 1973, s. 25 (w.e.f. 31 -1-1974). 7. Subs. by s. 25, ibid., for of its own motion (w.e.f. 31 -1- 1974). 21 by any person interested], withdraw for inquiry before itself any proc eedings for disciplinary action against any advocate pending before the disciplinary committee of any State Bar Council and dispose of the same. (3) The disciplinary committee of the Bar Council of India, in disposing of any case under this section, shall observe, so far as may be, the procedure laid down in section 35, the references to the Advocate -General in that section being construed as references to the Attorney -General of India. (4) In disposing of any proceedings under this section the disciplina ry committee of the Bar Council of India may make any order which the disciplinary committee of a State Bar Cou ncil can make under sub-section (3) of section 35, and where any proceedings ha ve been withdrawn for inquiry 1[before the disciplinary committee of the Bar Council of India], the State Bar Council concerned shall give effect to any such order. 2[36A. Changes in constitution of disciplinary committees .Whenever in respect of any proceedings under section 35 or section 36, a disciplinary committee of the State Bar Council or a disciplinary committee of the Bar Council of India ceases to exercise jurisdiction and is succeeded by another committee which ha s and exercises jurisdiction, the disciplinary committee of the State Bar Council or the disciplinary committee of the Bar Council of India, as the case may be, so succeeding may continue the proceedings from the stage at which the proceedings were so left by its predecessor committee. 36B. Disposal of disciplinary proceedings .(1) The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of

pose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complain t or the date of initiation of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdra wn for inquiry under sub -section ( 2) of section 36. (2) Notwithstanding anything contained in sub -section ( 1), where on the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), any proceedings in respect of any disciplinary matter against an advocate is pending before the disciplinary committee of a State Bar Council, that disciplinary committee of the State Bar Council shall dispose of the same within a period of six months from the date of such commencement or within a period of one year fro m the date of the receipt of the complaint or, as the case may be, the date of initiation of the proceedings at the instance of the State Bar Council, whichever is later, failing which such proceedings shall stand transferred to the Bar Council o f India fo r disposal under sub -section ( 1).] 37. Appeal to the Bar Council of India .(1) Any person aggrieved by an order of the disciplinary committe e of a State Bar Council made 3[under section 35] 4[or the Advocate -General of the State] may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India. (2) Every such appeal shall be heard by the disciplinary committee of the Bar Council of In dia which may pass such order 4[(including an order varying the pun ishment awarded by the disciplinary committee of the State Bar Council)] thereon as it deems fit: 4[Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the disciplinary committee of the Bar Council of India so as to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard.] 1. Subs. by Act 60 of 1973, s. 25, for before the Bar Council of India (w.e.f. 31 -1-1974). 2. Ins. by s. 26, ibid. (w.e.f. 31 -1-1974). 3. Subs. by Act 21 of 1964, s. 18, for under sub-section ( 3) of section 35 (w.e.f. 16 -5-1964). 4. Ins. by Act 60 of 1973, s. 27 (w. e.f. 31 -1-1974). 22 38. Appeal to the Supreme Court .Any person aggrieved by an order made by the disciplinary committee of the Bar Council of India u nder section 36 or section 37 1[or the Attorney -General of India or the Advocate -General of the State concerned, as the case may be,] may, within sixty days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and the Supr eme Court may pass such order 1[(including an order varying the punishment awarded by the disciplinary committee of the Bar Council of India)] thereon as it deems fit: 1[Provided that no order of the disciplinary committee of the Bar Council of India shall be varied b y the Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.] 2[39. Application of sections 5 and 12 of Limitation Act, 1963 .The provisions of sections 5 and 12 of the Limitation Act, 1 963 (36 of 1963), shall, so far as may be, apply to appeals under section 37 and section 38.] 40. Stay of order .3[(1)] An appeal, made under section 37 or section 38, shall not operate as a stay of the order appealed against, but the disciplinary committe e of the Bar Council of India, or the Supreme Court, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit. 4[(2) Where an application is made for stay of the order before the expirati on of the time allowed for appealing therefrom under section 37 or section 38, the disciplinary committee of the State Bar Council, or the disciplinary committee of the Bar Council of India, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.] 41. Alteration in roll of advocates .(1) Where an order is made under this Chapter reprimanding or suspending an advocate, a record of the punishment shall be entered against his name (a) in th e case of an advocate whose name is entered in a State roll, in that roll; 5* * * * * and where any order is made removing an advocate from practice, his name shal l be struck off the State roll 6***. 7* * * * * (3) Where any advocate is suspended or removed from practice, the certificate granted to him under section 22, in respect of his enrolment shall be recalled. 42. Powers of disciplinary committee .(1) The disciplinary committee of a Bar Council shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring discovery and production of any documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing commissions for the examinatio n of witnesses or documents; (f) any other matter which may be prescribed: 1. Ins. by Act 60 of 1973, s. 28 (w.e.f. 31 -1-1974). 2. Subs. by s. 29, ibid., for section 39 (w.e.f. 31 -1-1974). 3. Section 40 re-numbered as sub -section ( 1) of that section by s. 30, ibid. (w.e.f. 31 -1-1974). 4. Ins. by s. 30 , ibid. (w.e.f. 31 -1-1974). 5. Clause (b) omitted by s. 31, ibid. (w.e.f. 31 -1-1974). 6. The words or the common roll, as the case may be omitted by s. 31, ibid. (w.e.f. 31 -1-1974). 7. Sub-section ( 2) omitted by s. 31, ibid. (w.e.f. 31 -1-1974). 23 Provided that no such disciplinary committee shall have the right to require the attendance of (a) any presiding officer of a court except with the previous sanction of the High Court to which such court is subordinate; (b) any officer of a revenue court except with the previous sanction of the State Government. (2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and every such disciplinary committee shall be deemed to be a civil court for the purposes of sections 480, 482 and 485 of the Code of Criminal Procedure, 18981 (5 of 1898). (3) For the purposes of exercising any of the powers conferred by sub -section ( 1), a disciplinary committee may send to any civil court in the territories to which this Act extends, any summons or other process, for the attendance of a witness or the production of a document required by the committee or any commission which it desires to issue, and the civil court shall cause such process to be served or such commission to be issued, as the case may be, and may enforce any such process as if it were a process fo r attendance or production before itself. 2[(4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on a date fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit, hold or continu e the proceedings on the date so fixed and no such proceedings and no order made by the disciplinary committee in any such proceedings shall be invalid merely by reason of the absence of the Chairman or member thereof on any such date: Provided that no fi nal orders of the nature referred to in sub - section ( 3) of section 35 shall be made in any proceeding unless the Chairman and other members of the disciplinary committee are present. (5) Where no final orders of the nature referred to in sub - section ( 3) of section 35 can be made in any proceedings in accordance with the opinion of the Chairman and the members of a disciplinary committee either for want of majority opinion amongst themselves or otherwise, the case, with their opinion thereon, shall be lai d before the Chairman of the Bar Council concerned or if the Chairman of the Bar Council is acting as the Chairman or a member of the disciplinary committee, before the Vice -Chairman of the Bar Council, and the said Chairman or the Vice -Chairman of the Bar Council, as the case may be, after such hearing as he thinks fit, shall deliver his opinion and the final order of the disciplinary committee shall follow such opinion.] 3[42A. Powers of Bar Council of India and other committees . The provisions of section 42 shall, so far as may be, apply in relation to the Bar Council of India, the enrolment committee, the election committee, the legal aid committee, or any other committee of a Bar Council as they apply in relation to the discip linary commit ee of a Bar Council.] 43. Cost of proceedings before a disciplinary committees . The disciplinary committee of a Bar Council may make such order as to the costs of any proceedings before it as it may deem fit and any such order shall be execut able as if it were an order (a) in the case of an order of the disciplinary committee of the Bar Council of India, of the Supreme Court; (b) in the case of an order of the disciplinary committee of a State Bar Council, of the High Court. 44. Review of o rders by disciplinary committee . The disciplinary committee of a Bar Council may of its own motion or otherwise review any order 4[within sixty days of the date of that order ,] passed by it under this Chapter: 1. See now the Code o f Criminal Procedure, 1973 (Act 2 of 1974), ss. 345( 1), 346 and 349. 2. Ins. by Act 60 of 1973, s. 32 (w.e.f. 31 -1-1974). 3. Ins. by s. 33, ibid. (w.e.f. 31 -1-1974). 4. Ins. by s. 34, ibid. (w.e.f. 31 -1-1974). 24 Provided that no such order of review of the disciplinary committee of a State Bar Council shall have effect unless it has been approved by the Bar Council of India. CHAPTER VI MISCELLANEOUS 45. Penalty for persons illegally practising in courts and before other authorities .Any person who practises in any court or before any authority or person, in or before whom he is not entitled to practise under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months. [46. Payment of part of enrolment fees to the Bar Council of India ].Omitted by Act 70 of 1993 , s. 8 (w.e.f. 26-12-1993). 1[46A. Financial assistance to State Bar Council .The Bar Council of India may, if it is satisfied that any State Bar Council is in need of funds for the purpose of performing its functions under this A ct, give such financial assistance as it deems fit to that Bar Council by way of grant or otherwise.] 47. Reciprocity .(1) Where any country, specified by the Central Government in this behalf by notification in the Official Gazette, prevents citizens of India from practising the profession of law or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to practise the profession of law in India. (2) Subject to the provisions of sub -section ( 1), the Bar C ouncil of India may prescribe the conditions, if any, subject to which foreign qualifications in law obtained by persons other than citizens of India shall be recognised for the purpose of admission as an advocate under this Act. 48. Indemnity against lega l proceedings .No suit or other legal proceeding shall lie against any Bar Council or any committee thereof or a member of a Bar Council 2[or any committee thereof] for any act in good faith done or intended to be done in pursuance of the provisions of thi s Act or of any rules made thereunder. 3[48A. Power of revision .(1) The Bar Council of India may, at any time, call for the record of any proceeding under this Act which has been disposed of by a State Bar Council or a committee thereof, and from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal and may pass such orders in relation thereto as it may think fit. (2) No order which prejudicially affects any person shall be passed under this section wi thout giving him a reasonable opportunity of being heard. 4[48AA. Review .The Bar Council of India or any of its committee s, other than its disciplinary committee, may of its own motion or otherwise review any order, within sixty days of the date of that order, passed by it under this Act.] 48B. Power to give directions .(1) For the proper and efficient discharge of the functions of a State Bar Council or any committee thereof, the Bar Council of India may, in the exercise of its powers of general supervision and control, give such directions to the State Bar Council or any comm ittee thereof as may appear to it to be necessary, and the State Bar Council or the committee sha ll comply with such directions. (2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar Council of India may, witho ut prejudice to the generality of the foregoing power, give such directions to the ex officio member thereof as may appear to it to be necessary, and such directions shall have effect, notwithstanding anything contained in the rules made by the State Bar C ouncil.] 1. Ins. by Act 60 of 1973, s. 35 (w.e.

1. Ins. by Act 60 of 1973, s. 35 (w.e.f. 31 -1-1974). 2. Ins. by s. 36, ibid. (w.e.f. 31 -1-1974). 3. Ins. by Act 21 of 1964, s. 19 (w.e.f. 16 -5-1964). 4. Ins. by Act 60 of 1973, s. 37 (w.e.f. 31 -1-1974). 25 49. General power of the Bar Council of India to make rules . 1[(1)] The Bar Council of India may make rules for discharging its functions under this Act, and, in particular, such rules may prescribe 2[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council i ncluding the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council; (ab) qualifications for membership of a Bar Council and the disqualifications for such memb ership; (ac) the time within which and the manner in which effect may be given to the proviso to sub -section (2) of section 3; (ad) the manner in which the name of any advocate may be prevented from being entered in more than one State roll; (ae) the ma nner in which the seniority among advocates may be determined; 3[(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;] (ag) the class or category of persons entitled to be enrolled as advocates ; (ah) the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;] (b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another; (c) the standards of professional conduct and etiquette to be observed by advocates; (d) the standards of legal education to be observed by Universities in India and the inspection of Universities f or that purpose; (e) the foreign qualifications in law obtained by persons other than citizens of India which shall be recognised for the purpose of admission as an advocate under this Act; (f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee; (g) the restrictions in the matter of practice to which senior advocates shall be subject; 4[(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions , appearing before any court or tribunal;] (h) the fees which may be levied in respect of any matter under this Act; 5[(i) general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council o f India may be enforced; (j) any other matter which may be prescribed:] 4[Provided that no rules made with reference to clause ( c) or clause ( gg) shall have effect unless they have been approved by the Chief Justice of India:] 1. Section 49 re -numbered as sub -section ( 1) of that section by Act 60 of 1973, s. 38 (w.e.f. 31 -1-1974). 2. Subs. by Act 21 of 1964, s. 20, for clause (a) (w.e.f. 16 -5-1964). 3. Subs. by Act 60 of 1973, s. 38, for clause (af) (w.e.f. 31 -1-1974). 4. Ins. by s. 38 , ibid. (w.e.f. 31 -1-1974). 5. Subs. by Act 21 of 1964, s. 20, for clause (i) (w.e.f. 16 -5-1964). 26 1[Provided further that] n o rules made with reference to clause ( e) shall have effect unless they have been approved by the Central Government. 2[(2) Notwithstanding anything contained in the first proviso to sub -section ( 1), any rules made with reference to clause ( c) or clause ( gg) of the said sub -section and in force immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or repealed or amended in accordance with the provisions of this Act.] 3[49A. Power of C entral Government to make rules .(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules with respect to any matter for which the Bar Council of India or a State Bar Council has power to make rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) qualifications for membership of a Bar Council and disqualifications for such membership; (b) the manner in which the Bar Council of India may exercise supervision and control over State Bar Councils and the manner in which the directions issued or orders made by the Bar Council of India may be enforced; (c) the class or category of persons entitled to be enrolled as advocates under this Act; (d) the category of persons who may be exempted from undergoing a course of training and passing an examination prescribed under clause ( d) of sub -section ( 1) of section 24; (e) the manner in which seniority among advocates may be determined; (f) the proc edure to be followed by a disciplinary committee of a Bar Council in hearing cases and the procedure to be followed by a disciplinary committee of the Bar Council of India in hearing appeals; (g) any other matter which may be prescribed. (3) Rules under this section may be made either for the whole of India or for all or any of the Bar Councils. (4) If any provision of a rule made by a Bar Council is repugnant to any provision of a rule made by the Central Government under this section, then, the rule un der this section, whether made before or after the rule made by the Bar Council, shall prevail and the rule made by the Bar Council shall, to the extent of the repugnancy, be void. 4[(5) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the ses sion or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 50. Repeal of certain enactments .(1) On the date on which a State Bar Council is constituted under this Act, the provisions of sections 3 to 7 (inclusive), sub -sections ( 1), (2) and ( 3) of section 9, section 15 and section 20 of the Indian Bar Councils Act, 1926 (38 of 1926), shall stand repealed in the territory for which the State Bar Council is constituted. 1. Subs. by Act 60 of 1973, s. 38, for Provided that (w.e.f. 31 -1-1974). 2. Ins. by s. 38 , ibid. (w.e.f. 31 -1-1974). 3. Ins. by Act 21 of 1964, s. 21 (w.e.f. 16 -5-1964). 4. Subs. by Act 60 of 1973, s. 39, for sub -section ( 5) (w.e.f. 31 -1- 1974). 27 (2) On the date on which Chapter III comes into force, the following shall stand repealed, namely: (a) sections 6, 7, 18 and 37 of the Legal Practitioners Act, 1879 (18 of 1879), and so much of sections 8, 9, 16, 17, 19 and 41 of that Act as relate to the admission and enrolment of legal practitioners; (b) sections 3, 4 and 6 of the Bombay Pleaders A ct, 1920 (Bombay Act 17 of 1920); (c) so much of section 8 of the Indian Bar Councils Act, 1926 (38 of 1926), as relates to the admission and enrolment of legal practitioners; (d) the provisions of the Letters Patent of any High Court and of any other la w in so far as they relate to the admission and enrolment of legal practitioners. (3) On the date on which Chapter IV comes into force, the following shall stand repealed, namely: (a) sections 4, 5, 10 and 20 of the Legal Practitioners Act, 1879 (18 of 1879), and so much of sections 8, 9, 19 and 41 of that Act as confer on legal practitioners the right to practise in any court or before any authority or person; (b) sections 5, 7, 8 and 9 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920); (c) section 14 of the Indian Bar Councils Act, 1926 (38 of 1926) and, so much of sections 8 and 15 of that Act as confer on legal practitioners the right to practise in any court or before any authority or person; (d) the Supreme Court Advocates (Practice in High Courts) Act, 1951 (18 of 1951); (e) the provisions of the Letters Patent of any High Court and of any other law conferring on legal practitioners the right to practise in any cour t or before any authority or person. (4) On the date on which Chapter V comes into force, the following shall stand repealed, namely: (a) sections 12 to 15 (inclusive), sections 21 to 24 (inclusive) and sections 39 and 40 of the Legal Practitioners Act, 1879 (18 of 1879), and so 82 much of sections 16, 17 and 41 of that Act as relate to the suspension, removal or dismissal of legal practitioners; (b) sections 24 to 27 (inclusive) of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920); (c) sections 10 to 13 (inclusive) of the Indian Bar Councils Act, 1926 (38 of 1926); (d) the provisions of the Letters Patent of any High Court and of any other law in so far as they relate to the suspension, removal or dismissal of legal practitioners. (5) When the who le of this Act has come into force (a) the remaining provisions of the Acts referred to in this section which do not stand repealed by virtue of any of the foregoing provisions of this section (except sections 1, 3 and 36 of the Legal Practitioners Act, 1 879) (18 of 1879) shall stand repealed; (b) the enactment specified in the Schedule shall stand repealed to the extent mentioned therein. 51. Rule of construction .On and from the appointed day, references in any enactment to an advocate enrolled by a High Court in any form of words shall be construed as references to an advocate enrolled under this Act. 52. Saving .Nothing in this Act shall be deemed to affect the power of the Supreme Court to make rules under article 145 of the Constitution (a) for laying down the conditions subject to which a senior advocate shall be entitled to practise in that Court; 28 (b) for determining the per sons who shall be entitled to 1[act or plead] in that Court. CHAPTER VII TEMPORARY AND TRANSITIONAL PROVISIONS 53. Elections to first State Bar Council .Notwithstanding anything contained in this Act, the elected members of a State Bar Council, constituted for the first time under this Act, shall be elected by and from amongst advocates, vakils, pleaders and attorneys who, on the date of the election, are entitled as of right to practise in the High Court and are ordinarily practising within the territory for which the Bar Council is to be constituted. Explanation .Where the territory for which the Bar Council is to be constituted includes a Union territory, the expression High Court shall include the court of the Judicial Commissioner of that Union territory. 54. Term of office of members of first State Bar Coun cils.Notwithstanding anything contained in this Act, the term of office of the 2*** elected members of 3*** a State Bar Council constituted for the first time, shall be two years from the date of the first meeting of the Council: 4[Provided that such mem bers shall continue to hold office until the State Bar Council is reconstituted in accordance with the provisions of this Act.] 55. Rights of certain existing legal practitioners not affected .Notwithstanding anything contained in this Act. (a) every plea der or vakil practising as such immediately before the date on which Chapter IV comes into force (hereinafter in this section referred to as the said date) by virtue of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders A ct, 1920 (Bombay Act 17 of 1920), or any other law who does not elect to be, or is not qualified to be, enrolled as an advocate under this Act; 5* * * * * 6[(c) every mukhtar practising as such immediately before the said date by virtue of th e provisions of the Legal Practitioners Act, 1879 (18 of 1879), or any other law, who does not elect to be, or is not qualified to be, enrolled as an advocate under this Act; (d) every revenue agent practising as such immediately before the said date by v irtue of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), or any other law;] shall, notwithstanding the repeal by this Act of the relevant provisions of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (Bomba y Act 17 of 1920), or other law

), the Bombay Pleaders Act, 1920 (Bomba y Act 17 of 1920), or other law, continue to enjoy the same rights as respects practice in any court or revenue office or before any authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed or, as the case may be, to which he was subject immediately before the said date and accordingly the relevant provisions of the Acts or law aforesaid shall have effect in relation to such persons as if they had not been repealed. 56. Dissolution of existing Bar Councils .(1) On the constitution under this Act of a State Bar Council, other than the Bar Council of Delhi (hereinafter referred to as the new Bar Council) (a) all properties and assets vesting in the corresponding Bar Council shall vest in the new Bar Council; 1. Subs. by Act 70 of 1993, s. 9 , for act (w.e.f. 26 -12-1993). 2. The words nominated and omitted by Act 14 of 1962, s. 3 (w.e.f. 30 -3-1962). 3. The words the Bar Council of India and omitted by Act 21 of 1964, s. 22 ( w.e.f. 16 -5-1964 ). 4. Ins. by s . 22, ibid. (w.e.f. 16 -5-1964 ). 5. Clause (b) omitted by Act 107 of 1976, s. 10 (w.e.f. 1 -1-1977). 6. Subs. by Act 21 of 1964, s. 23, for clause (c) (w.e.f. 16 -5-1964). 29 (b) all rights, liabilities, and obligations of the corresponding Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the new Bar Council; (c) all proceedings pending before the corresponding Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the new Bar Council. (2) In this section, corresponding Bar Council in relation to a State Bar Council, other than the Bar Council of Delhi, means th e Bar council for the High Court in the territory for which the State Bar Council is constituted under this Act. 57. Power to make rules pending the constitution of a Bar Council .Until a Bar Council is constituted under this Act, the power of that Bar Cou ncil to make rules under this Act shall be exercised (a) in the case of the Bar Council of India, by the Supreme Court; (b) in the case of a State Bar Council, by the High Court. 1[58. Special provisions during the transitional period .(1) Where a State Bar Council has not been constituted under this Act or where a State Bar Council so constituted is unable to perform its functions by reason of any order of a court or otherwise, the functions of that Bar Council or of any committee thereof, in so far as t hey relate to the admission and enrolment of advocates, shall be performed by the High Court in accordance with the provisions of this Act. (2) Until Chapter IV comes into force, a State Bar Council or a High Court performing the functions of a State Bar Council may enrol any person to be an advocate on a State roll, if he is qualified to be so enrolled under this Act, notwithstanding that no rules have been made under section 28 or that the rules so made have not been approved by the Bar Council of India, and every person so enrolled shall, until that Chapter comes into force, be entitled to all the rights of practice conferred on an advocate under section 14 of the Indian Bar Councils Act, 1926 (38 of 1926). (3) Notwithstanding anything contained in this Act, every person who, immediately before the 1st day of December, 1961, was an advocate on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926) or who has been enrolled as an advocate under this Act shall, until Chapter IV com es into force, be entitled as of right to practise in the Supreme Court, subject to the rules made by the Supreme Court in this behalf. (4) Notwithstanding the repeal by sub -section ( 2) of section 50 of the provisions of the Legal Practitioners Act, 1879 (18 of 1879) or of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920) 2[or of any other law relating to the admission and enrolment of legal practitioners, the provisions of the Acts and law aforesaid] and any rules made thereunde r in so far as they rel ate to 3[the renewal or the issue by way of renewal] of a certificate to a legal practitioner authorising him to practise shall have effect until Chapter IV comes into force and, accordingly, every certificate issued or renewed to a legal practitioner (who is not enrolled as an advocate under this Act) which is or purports to be issued or renewed under the provisions of either of the aforesaid Acts 4[or of the other law] during the period beginning with the 1st day of December, 1961 and ending with the date on which Chapter IV comes into force, shall be deemed to have been validly issued or renewed. 5[58A. Special provisions with respect to certain advocates .(1) Notwithstanding anything contained in this Act, all advocates who, immediately before the 26th day of July, 1948, were entitled to practise in the High Court in Allahabad or the Chief Court in Oudh and who under the provisions of the United Provinces High Courts (Amalgamation) Order, 1948 were recognised as advocates entitled to practise in the new High 1. Ins. by Act 14 of 1962, s. 4 ( w.e.f. 30 -3-1962 ). 2. Subs. by Act 32 of 1962, s. 3, f or certain words (retrospectively). 3. Subs. by Act 21 of 1964, s. 24, for the issue and renewal (w.e.f. 16 -5-1964). 4. Ins. by Act 32 of 1962, s. 3 ( w.e.f. 30 -3-1962 ). 5. Ins. by Act 21 of 1964, s. 25 (w.e.f. 16-5-1964). 30 Court of Judicature at Allahabad but whose names were not formally entered on the roll of advocates of that High Court merely by reason of the non -paym ent of the fee payable to the Bar Council of the said High Court, and all advocates who were enrolled as such between the said date and the 26th day of May, 1952, shall, for the purposes of clause ( a) of sub -section ( 1) of section 17 be deemed to be person s who were entered as advocates on the roll of the said High Court under the Indian Bar Councils Act, 1926 (38 of 1926) and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Uttar Pradesh. (2) Notwithstanding anything contained in this Act, all advocates who, immediately before the 10th day of October, 1952, were entitled to practise in the High Court of Hyderabad but whose names were not formally entered on the roll of advocates of that Hig h Court merely by reason of the non -payment of the fee payable to the Bar Council of the said High Court shall, for the purposes of clause ( a) of sub -section ( 1) of section 17, be deemed to be persons who were entered as advocates on the roll of the said H igh Court under the Indian Bar Councils Act, 1926 (38 of 1926 ) and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Andhra Pradesh or of Maharashtra. (3) Notwithstanding anything containe d in this Act, all advocates who, immediately before the 1st day of May, 1960, were entitled to practise in the High Court of Bombay and who applied to get their names entered on the roll of advocates of the High Court of Gujarat under the provisions of se ction 8 of the Indian Bar Councils Act, 1926 (38 of 1926) but whose names were not so entered by reason of the repeal of the said provision shall, for the purposes of clause ( a) of sub -section ( 1) of section 17, be deemed to be persons who were entered as advocates on the roll of the High Court of Gujarat under the said Act and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Gujarat. (4) Notwithstanding anything contained in this Act, all persons who, immediately before the 1st day of December, 1961, were advocates on the roll of the court of Judicial Commissioner in any Union territory under any law in force in that territory shall, for the purposes of clause ( a) of sub -section ( 1) of sect ion 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926) and every such person may, on an application made in this behalf, be admitted as an advocate on the State roll ma intained in respect of that Union territory. 1[58AA. Special provisions in relation to the Union territory of Pondicherry .(1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the provisions of Chapter III are brought into force in the Union territory of Pondicherry, were entitled to practise the profession of law (whether by way of pleading or acting or both) under any law in force in the said Union territory or who would have been so entitled had they not been in public service on the said date, shall for the purposes of clause ( a) of sub -section ( 1) of section 17, be deem ed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of Madras, be admitted as an advocate on the State roll maintained in respect of the said Union territory. (2) Notwithstanding anything contained in this Act, every person who, immediately before the date on which the provisions of Chapter IV are brought into f orce in the Union territory of Pondicherry, was practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue of the provisions of any law in force in the said Union territory, who does not elect to be or is not qualified to be, enrolled as an advocate under sub -section ( 1), shall, notwithstanding the repeal of the relevant provisions of such law by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968), continue to enjoy the same rights as respects practi ce in any court or revenue office or before any authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly th e relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been repealed.] 1. Ins. by Act 26 of 1968, s. 3 and Sch . (w.e.f. 24-5-1968). 31 1[58AB. Special provisions with respect to certain persons enrolled by Mysore State Bar Council .- Notwithstanding anything contained in this Act or any judgment, decree or order of any court or any resolution passed or direction given by the Bar Council of India, every person who was admitted as an advocate on the State roll by the State Bar Council of Mysore during the period beginnin g with the 28th day of February, 1963, and ending on the 31st day of March, 1964, on the basis of his having obtained a certificate of pleadership from the High Court of Mysore, shall, save as otherwise provided, be deemed to have been validly admitted as an advocate on that State roll and accordingly entitled to practise the profession of law (whether by way of pleading or acting or both): Provided that where any such person has elected to be enrolled as an advocate on the roll of any other State Bar Coun cil, his name shall be deemed to have been struck off the roll of the State Bar Council of Mysore from the date he was enrolled by the other State Bar Council: Provided further that the seniority of such person, whether his name is borne on the State roll of the State Bar Council of Mysore, or on the State roll of any other Bar Council, shall, for the purposes of clause ( d) of sub-section ( 3) of section 17, be determined by reckoning the 16th day of May, 1964, as the date of admission.] 2[58AC. Special pro visions with respect to certain persons enrolled by Uttar Pradesh State Bar Council .Notwithstanding anything contained in this Act or any judgment, decree or order of any court, every person who was enrolled as an advocate by the High Court during the per iod beginning with the 2nd day of January, 1962 and ending on the 25th day of May, 1962 and was subsequently admitted as an advocate on the State roll by the State Bar Council of Uttar Pradesh shall be deemed to have been validly admitted as an advocate o n that State roll from the date of his enrolment by the High Court and accordingly entitled to practise the profession of law (whether by way of pleading or acting or both). 58AD. Special provisions with respect to certain persons migrating to India .Notwithstanding the repeal by this Act of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), or of any other law relating to the admission and enrolment of legal practitioners (hereafter in this section referred to as such Act or law), ever y person who migrates to the territory of India from any area which, before the 15th day of August, 1947, was comprised within India as defined in the Government of India Act, 1935, and who has, before such migration, been a pleader, mukhtar or revenue age nt in any such area under any law in force therein, may be admitted and enrolled under the relevant provisions of such Act or law as a pleader, mukhtar or, as the case may be, revenue agent, if he (a) makes an application for the purpose to the appropriate authority under such Act or law; and (b) is a citizen of India and fulfils other

an application for the purpose to the appropriate authority under such Act or law; and (b) is a citizen of India and fulfils other conditions, if any, specified in this behalf by the appropriate authority aforesaid, and notwithstanding the r epeal by this Act of the relevant provisions of such Act or law, every pleader, mukhtar or revenue agent so enrolled shall have the same rights as respects practice in any court or revenue office or before any other authority or person and be subject to th e disciplinary jurisdiction of the same authority to which he would be subject under the relevant provisions of such Act or law as if they had not been repealed and accordingly, those provisions shall have effect in relation to such persons. 58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu .(1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the provisions of Chapter III are brought into force in the Union territory of Go a, Daman and Diu, were entitled to practise the profession of law (whether by way of pleading or acting or both) under any law in force in the said Union territory or who would have been so entitled had they not been in public service on the said date, 1. Ins. by Act 33 of 1968, s. 3 (w.e.f. 5 -6-1968). 2. Ins. by Act 60 of 1973, s. 40 (w.e.f. 31 -1-1974). 32 shall, for the purpose of clause ( a) of sub -section ( 1) of section 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of Maharashtra, be admitted as an advocate on the State roll maintained in respect of the said Union territory: Provided that the provisions of this sub -section shall not apply to any pe rson who, on the date of the application aforesaid, was not a citizen of India. (2) Notwithstanding anything contained in this Act, every person who, immediately before the date on which the provisions of Chapter IV are brought into force in the Union ter ritory of Goa, Daman and Diu, was practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue of the provisions of any law in force in the said Union territory, or who does not elect to be or is not qualifi ed to be enrolled as an advocate under sub -section ( 1), shall, notwithstanding the repeal by this Act of the relevant provisions of such law, continue to enjoy the same rights as respects practice in any court or revenue office or before any other authorit y or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall have ef fect in relation to such persons as if they had not been repealed. (3) On the date on which this Act or any part thereof comes into force in the Union territory of Goa, Daman and Diu, the law in force in that Union territory which corresponds to this Act or such part and which does not stand repealed by virtue of the provisions of section 50 of this Act, shall also stand repealed. [58AF. Special provisions in relation to Jammu and Kashmir ].Omitted by the Jammu and Kashmir Reorganisation (Adaptation of Cen tral 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).] 1[58AG. Special provisions in rela tion to articled clerks .Notwithstanding anything contained in this Act, every person who, immediately before the 31st day of December, 1976, has commenced his articleship and passed the Preliminary examination, for the purpose of enrolment as an attorney of the High Court at Calcutta in accordance with the rules made under sub -section ( 2) of section 34, before the omission of that sub-section by the Advocates (Amendment) Act, 1976 (107 of 1976), be admitted as an advocate on the State roll if he (i) passes, on or before the 31st day of December, 1980, (a) the Final examination in a case where such person has, before the 31st day of December, 1976, passed the Intermediate examination, (b) the Intermediate and the Final examinations in any other case. Explanation .For the purpos e of this clause, the High Court at Calcutta may prescribe such rules as may be necessary under sub -section ( 2) of section 34, specifying the nature of the examinations and any other matter relating thereto; (ii) makes an application for such enrolment in accordance with the provisions of this Act; and (iii) fulfils the conditions specified in clauses ( a), (b), (e) and ( f) of sub -section ( 1) of section 24.] 58B. Special provision relating to certain disciplinary proceedings .(1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub -section ( 2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending b efore any High Court under the Indian Bar Councils Act, 1926 1. Ins. by Act 38 of 1977, s. 7 (w.e.f. 31 -10-1977). 33 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under claus e (c) of sub -section ( 1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian Bar Councils Act, 1926 (38 of 1926), the High Court shall dispose of the case and it shall be lawful for the High Court to exercise for the purpose all powers conferred on it under section 12 of the said Act as if that section had not been repealed: Provided further that where the High Court has referred back any case for further inquiry under sub - section ( 4) of section 12 of the said Act, the proceeding shall stand transferred to the State Bar Council in relation to the High Court as if it were a proceeding pending before the corresponding Bar Council under clause ( c) of sub - section ( 1) of section 56. (3) If immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any State roll under the Act, such proceeding shall stand transferred to the State Bar Council on the roll of which he has been enrolled and be dealt with under this Act as if it were a proceeding arising against him thereunder. (4) In this section existing advocate means a person who was enrolled as an advocate on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926) and who, at the time when any proceeding in respect of any disciplinary matter is initiated against him, is not enrolled as an advocate on a State roll under this Act. (5) The provisions of this section shall have effect, notwithstanding anything contained in this Act.] 59. Removal of difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enactments repealed by this Act to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as a ppear to it to be necessary or expedient for removing the difficulty. (2) An order under sub -section ( 1) may be made so as to have retrospective effect from a date not earlier than the 1st day of December, 1961. ] 1[60. Power of Central Government to make rules .(1) Until rules in respect of any matter under this Act are made by a State Bar Council and approved by the Bar Council of India, the power to make rules in respect of that matter shall be exercisable by the Central Government. (2) The Central Gove rnment after consultation with the Bar Council of India may, by notification in the Official Gazette, make rules under sub -section ( 1) either for any State Bar Council or generally for all State Bar Councils and the rules so made shall have effect, notwit hstanding anything contained in this Act. (3) Where in respect of any matter any rules are made by the Central Government under this section for any State Bar Council, and in respect of the same matter, rules are made by the State Bar Council and approved by the Bar Council of India, the Central Government may, by notification in the Official Gazette, direct that the rules made by it in respect of such matter shall cease to be in force in relation to that Bar Council with effect from such date as may be sp ecified in the notification and on the issue of such notification, the rules made by the Central Government shall, accordingly, cease to be in force except as respects things done or omitted to be done before the said date.] 1. Ins. by Act 32 of 1962, s. 4 (w.e.f. 14 -9-1962). 34 THE SCHEDULE [See section 50( 5)] REPEAL OF CERTAIN ENACTMENTS Short title Extent of repeal 1. The Legal Practitioners (Women) Act, 1923 (23 of 1923) The whole. 2. The Legal Practitioners (Fees) Act, 1926 (21 of 1926) The whole. 3. The States Reorganisation Act, 1956 (37 of 1956) Section 53. 4. The Bombay Reorganisation Act, 1960 (11 of 1960) Section 31.

THE CENTRAL BOARDS OF REVENUE ACT, 1963 ACT NO. 54 OF 1963 [30th December , 1963 .] An Act to provide for the constitution of separate Boards of Revenue for Direct Taxes and for 1[Indirect Taxes and Customs] and to amend certain enactments for the purpose of conferring powers and imposing duties on the said Boards. BE it enacted by Parlia ment in the Fourteenth Year of the Republic of India as follows: 1. Short title, and commencement .(1) This Act may be called The Central Boards of Revenue Act, 1963. (2) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions .In this Act, unless the context otherwise requires, (a) Board means the Central Board of Direct Taxes or 3[the Central Board of Indirect Taxes and Customs] constituted under section 3; (b) Central Board of Revenue means the Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924). (c) direct tax means (1) any duty leviable or tax chargeable under (i) the Estate Duty Act, 1953 (34 of 1953) ; (ii) the Wealth -tax Act, 195 7 (27 of 1957) ; (iii) the Expenditure -tax Act, 1957 (29 of 1957) ; (iv) the Gift -tax Act, 1958 (18 of 1958) ; (v) the Income -tax Act, 1961 (43 of 196 1); (vi) the Super Profits Tax Act, 1963 (14 of 1963) ; 4*** 5[(vii) the Interest -tax Act, 1974 (45 of 1974) ; 6***] 7[(viii) the Hotel -Receipts Tax Act, 1980 (54 of 1980) ; 8***] 9[(ix) the Expenditure -tax Act, 1987 (35 of 1987) ; 10***] 11[(x) the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015) ; and] (2) any other duty or tax which, having regard to its nature or incidence, may be declared by the Central Government, by notification in the Official Gazette, to be a direct tax. 1. Subs. by Act 13 of 2018, s . 160, for Excise and Customs (w.e.f 29 -3-2018) . 2. 1st January, 1964, vide notification No. S.O. 3606, dated 30th December 1963, see Gazette of India, Extraordinary Part II, sec. 3 ( ii). 3. Subs. by Act 13 of 2018, s.160, for the Central Board of Excise and Customs (w.e.f 29 -3-2018) . 4. The word and omitted by Act 45 of 1974, s. 30 (w.e.f. 23 -9-1974). 5. Ins. by s. 30, ibid. (w.e.f. 23 -9-1974). 6. The word and omitted by Act 54 of 1980, s. 37 (w.e.f. 9 -12-1980). 7. Ins. by s. 37, ibid. (w.e.f. 9 -12-1980). 8. The word and omitted by Act 35 of 1987, s. 33 (w.e.f. 1 -11-1987). 9. Ins. by s. 33, ibid. (w.e.f. 1 -11-1987). 10. The word and omitted by Act 22 of 2015, s. 87 (w.e.f. 1 -4-2016). 11. Ins. by s. 87, ibid. (w.e.f. 1 -4-2016). 3 3. Constitution of separate Central Boards for Direc t Taxes and for 1[Indirect Taxes and Customs] .(1) The Central Government shall, in place of the Central Board of Revenue, constitute two separate Boards of Revenue to be called the Central Board of Direct Taxes and 2[the Central Board of Indirect Taxes and Customs ], and each such Board shall, subject to the control of the Central Government, exercise such powers and perform such duties, as may be entrusted to that Board by the Central Government or by or under any law. (2) Each Board shall consist of suc h number of persons 3[not exceeding seven] as the Central Government may think fit to appoint. 4. Procedure of the Board .(1) The Central Government may make rules for the purpose of regulating the transaction of business by each Board and every order made or act done in accordance with such rules shall be deemed to be the order or act, as the case may be, of the Board. (2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions , and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modificatio n in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the v alidity of anything previously done under that rule. 5. Amendment of certain enactments .(1) In the Estate Duty Act, 1953 (34 of 1953) , the Wealth -tax Act, 1957 (27 of 1957) , the Expenditure -tax Act,1957 (29 of 1957 ) , the Gift -tax Act, 1958 (18 of 195 8), the Income -tax Act, 1961 (43 of 1961) , and the Super Profits Tax Act, 1963 (14 of 1963) for the words and figures Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924) or Central Board of Revenue , wherever th ey occur, the words and figures Central Board of Direct Taxes constituted under th e Central Boards of Revenue Act, 1963 shall be substituted. (2) In the Central Excises and Salt Act, 1944 (1 of 1944) , and the Customs Act, 1962 (52 of 1962) , for the words and figures Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924) or Central Board of Revenue wherever they occur, the words and figures 2[the Central Board of Indirect Taxes and Customs] constitut ed under the Central Boards of Revenue Act, 1963 shall be substituted. (3) The functions entrusted to the Central Board of Revenue by or under any other enactment shall, (a) if such functions relate to matters connected with direct taxes, be discharged by the Central Board of Direct Taxes; and (b) if such functions relate to any other matter, unless they are entrusted by the Central Government to the Central Board of Direct Taxe s, be discharged by the 2[the Central Board of Indirect Taxes and Customs] . 6. Transfer of certain proceedings .(1) Every proceeding pending at the commencement of this Act, before the Central Board of Revenue shall (a) if it is a proceeding relating to d irect taxes, stand transferred to the Central Board of Direct Taxes; and (b) in any other case stand transferred to the 2[the Central Board of Indirect Taxes and Customs] . (2) If any question arises as to whether any proceeding stands transferred to the Central Board of Direct Taxes or to 2[the Central Board of Indirect Taxes and Customs] , it shall be referred to the Central Government whose decision thereon shall be final. 1. Subs. by Act 13 of 2018, s . 160, for Excise and Customs (w.e.f 29 -3-2018) . 2. Subs. by s. 160 , ibid., for the Central Board of Excise and Customs (w.e.f 29 -3-2018) . 3. Subs. by Act 25 of 1978, s. 27 for and not exceeding five (w. e.f. 21 -6-1978). 4 (3) In any legal proceeding pending at the commencement of this Act to which the Central Board of Revenue is a party, (a) if it is a proceeding relating to direct taxes, the Central Board of Direct Taxes shall be deemed to be substituted for the Central Boa rd of Revenue in such proceeding; and (b) if it is a proceeding relating to any other matter, 1[the Central Board of Indirect Taxes and Customs] shall be deemed to be substituted for the Central Board of Revenue in such proceeding. 7. Power to remove diffi culties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessa ry or expedient for removing the difficulty. (2) An order under sub -section ( 1) may be made so as to have retrospective effect from a date not earlier than the date of the commencement of this Act. 8. Repeal and saving .(1) The Central Board of Revenue Act, 1924 (4 of 1924) , of is hereby repealed. (2) Nothing contained in sub -section ( 1) shall affect any appointment, assessment, order (including quasi -judicial order) or rule made, or exemption, approval or recognition granted, or any notice, notification, direction or instruction issued, or any duty levied, or penalty or fine imposed, or confiscation adjudged, or any form prescribed, or any other thing done or action taken by the Central Board of Revenue under any law and any such appointment, assessment, order, rule, exemption, approval, recognition, notice, notification, direction, inst ruction, duty, penalty, fine, confiscation, form, thing or action shall be deemed to have been made, granted, issued, levied, imposed, adjudged, prescribed, done or taken by the Central Board of Direct Taxes, or as the case may be, by 1[the Central Board o f Indirect Taxes and Customs] and shall continue to be in force unless and until it is revised, withdrawn or superseded by the concerned Board. 1. Subs. by Act 13 of 2018, s . 160 , for the Central Board of Excise and Customs (w.e.f 29 -3-2018) .

THE CHILD AND ADOLESCENT LABOUR (PROHIB ITION AND REGULATION) ACT, 1986 ACT NO. 61 OF 1986 [23rd December , 1986.] 1[An Act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.] BE it enacted by Parliament in the Thirty -seventh Year of the Republic of India as follows: PART I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called 2[the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 ]. (2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and fo r different classes of establishments. 2. Definitions. In this Act, unless t he context otherwise requires, 4[(ia)]appropriate Government means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all othe r cases, the State Government; 5[(i) adolescent means a person w ho has completed his fourteenth year of age but has not completed his eighteenth year;] 6[(ii) child means a person who has not comple ted his fourteenth year of age or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) , whichever is more ;] (iii) day means a period of twenty -four hours beginning at mid -night; (iv) establishment includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of pub lic amusement or entertainment; (v) family , in relation to an occupier, means the individual, the wife or husband, as th e case may be, of such individual, and their children, brothe r or sister of such individual; (vi) occupier , in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop; (vii) port authority means any authority administe ring a port; (viii) prescribed means prescribed by rules made under section 18; (ix) week means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in w riting for a pa rticular area by the Inspector; 1. Subs. by Act 35 of 2016, s. 2, for the long title (w.e.f. 1 -9-2016). 2. Subs. by s. 4, ibid., for the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986) (w.e.f. 1 -9-2016). 3. 26th May, 1993, vide notification No. S.O. 333(E), dated 26th March, 1993, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 4. Clause ( i) renumbered as clause ( ia) thereof by Act 35 of 20 16, s. 4 (w.e.f. 1 -9-2016). 5. Ins. by s. 4, ibid. (w.e. f. 1-9-2016). 6. Subs. by s. 4, ibid., for clause ( ii) (w.e.f. 1 -9-2016). 3 (x) workshop means any premises (including the precincts thereof) wherein any indus trial process is carried on, but does not include any premises to which the provisions of section 67 of the Factories Act, 1 948 (63 of 1948), for the time being, apply. PART II PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES 1[3. Prohibition of employment of children in any occupation and process .(1) No child shall be employed or permitted to work in any occupation or process . (2) Nothing in sub -section ( 1) shall apply where the child, (a) helps his family or family enterprise , which is other than any hazardous occupations or processes set forth in the Schedule, after his s chool hours or during vacat ions; (b) works as an arti st in an audio -visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safe ty measures, as may be pre scribed: Provided that no such work under this clause shall effect the school education of the child. Explanation. For the purposes of this section, the expression, (a) family in relation to a child, means his mother, father,brother, sister an d fathers sister and brother and mothers sister and brother; (b) family enterprises means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons; (c) artist means a child who performs or practices any work as a hobby or profession directly involving him as an actor, singer, sports person or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause ( b) of sub-section (2).] 2[3A. Prohibition of employment of adolescents in certain hazardous occupations and process es.No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule: Provided that the Central Government may, by notification, specify the nature of the non -hazardous work to which an adolescent may be permitted to work under this Act.] 4. Power to amend the Schedule. The Central Government, after giving by notif ication in the Official Gazette, not less than three months notice of its intention so to do, may, by like notification, 3[add to, or, omit from, the Schedule any hazardous occupation or process ] and thereupon the Schedule shall be deemed to have been amended accordingly. 5. 4[Technical Advisory Committee ].(1) The Central Government may, by notification in the Official Gazette, constitute an advisory committee to be called the 4[Technical Advisory Committee ] (hereafter in this section referred to as the Committee) to advise the Central Government for the purpose of addition of occupations and processes to the Schedule. (2) The Committee shall consist of a Chairman and such other members not exceeding ten, as may be appoi nted by the Central Government. (3) The Committee shall meet as often as it may consider necessary and shall have power to regulat e its own procedure. 1. Subs. by Act 35 of 2016, s. 5, for section 3 (w.e.f. 1 -9-2016). 2. Ins. by s. 6, ibid. (w.e.f . 1-9-2016). 3. Subs. by s. 7, ibid., for add any occupation or process to the Schedule (w.e.f. 1 -9-2016). 4. Subs. by s. 8, ibid., for Child Labour Technical Advisory Committee (w.e.f. 1 -9-2016). 4 (4) The Committee may, if it deems it necessary so to do, constitute one o r more sub -committees a nd may appoint to any such sub -committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee. (5) The term of office of, the manner of filling casual vacancies in the office of, and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its su b-committees shall be such as may be prescribed. PART III REGULATION OF CONDITIONS OF WORK OF 1[ADOLESCENTS] 6. Application of Part .The provisions of this Part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in 2[section 3 A] is carried on. 7. Hours and period of work .(1) No 3[adolescent] shall be required or permit ted to work in any establishment in excess of such number of hours as may be prescribed for such establishm ent or class of establishments. (2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no 3[adolescent ] shall work for more than three hours before he has had an interval for rest for at least one hour. (3) The period of work of a 3[adolescent] shall be so arranged that inclusive of his interval for rest, under sub -section ( 2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day. (4) No 3[adolescent] shall be permitted or required t o work between 7 p.m . and 8 a.m. (5) No 3[adolescent] shall be required or permitted to work overtime. (6) No 3[adolescent] shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment. 8. Weekly holidays. Every 4[adolescent] employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altere d by the occupier more than once in three months. 9. Notice to Inspector .(1) Every occupier in relation to an establishment in which a 5[adolescent] was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commence ment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the f ollowing particulars, namely: (a) the name and situation of the establishment; (b) the name of the person in actual m anagement of the establishment; (c) the address to which communications relating to the establishment should be sent; and (d) the nature of the occupation or process carried on in the establishment. (2) Every occupier, in relation to an establishment, who employs, or permits to work, any 5[adolescent] after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, sen d to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section ( 1). 1. Subs. by Act 35 of 2016, s. 9, for CHILDREN (w.e.f. 1 -9-2016). 2. Subs. by s. 10, ibid., for section 3 (w.e.f. 1 -9-2016). 3. Subs. by s. 11, ibid., for child (w.e.f. 1 -9-2016). 4. Subs. by s. 12, ibid., for child (w.e.f. 1 -9-2016). 5. Subs. by s. 13, ibid., for child (w.e.f. 1 -9-2016). 5 Explanation .For the purposes of sub -sections ( 1) and ( 2), date of commencement of this Act, in relation to an establishment means the date of bringing into force of this Act in relation to such establishment. (3) Nothing in sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with t he aid of his family or to any school established by, or receiving assistance or recognition from, Government. 10. Disputes as to age. If any question arises between an Inspector and an occupier as to the age of any 1[adolescent] who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such 1[adolescent] granted by the prescribed medical authority, be referred by the Inspector for decision to the presc ribed medical authority. 11. Maintenance of register .There shall be maintained by every occupier in respect of 2[adolescent] employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in a ny such establishment, showing (a) the name and date of birth of every 3[adolescent] so employed or permitted to work; (b) hours and periods of work of any such 3[adolescent] and the intervals of rest to which he is entitled; (c) the nature of work of any such 3[adolescent] ; and (d) such other particulars as may be prescribed. 12. Display of notice containing abstract of 4[sections 3 A and 14 ].Every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the English language containing an abstract of 4[sections 3 A and 14 ]. 13. Health and safety. (1) The appropriate Government may, by notification in the Official Gazette, make rules for the health and safety of the 5[adolescen t] employed or permitted to work in any establishment or class of establishments. (2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely: (a) cleanliness in the place o f work and its freedom from nuisance; (b) disposal of wastes and effluents; (c) ventilat ion and temperature; (d) dust and fume; (e) artificial humidification; (f) lighting; (g) drinking water; (h) latrine and urinals; (i) spittoons; (j) fencing of machinery; (k) work at or near machinery in motion; 1. Subs. by Act 35 of 2016, s . 14, for child (w.e.f 1 -9-2016). 2. Subs. by s . 15

, for child (w.e.f 1 -9-2016). 2. Subs. by s . 15, ibid., for children (w.e.f 1 -9-2016). 3. Subs. by s. 15, ibid., for child (w.e.f. 1 -9-2016). 4. Subs. by s. 16, ibid., for section 3 and 14 (w.e.f. 1 -9-2016). 5. Subs. by s. 17, ibid., for children (w.e.f. 1 -9-2016). 6 (l) employment of 1[adolescent] on dangerous mach ines; (m) instructions, training and supervision in relation to employment of 1[adolescent] on dangerous machines; (n) device for cutting off power; (o) self-acting machines; (p) easing of new machinery; (q) floor, stairs and means of access; (r) pits, sumps, o penings in floors, etc.; (s) excessive weights; (t) protection of eyes; (u) explosive or inflammable dust, gas, etc.; (v) precautions in case of fir e; (w) maintenance of buildings; and (x) safety of buildings and machinery. PART IV MISCELLANEOUS 14. Penalties .2[(1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or gu ardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3. (1A) Whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3A shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine whic h shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3A. (1B) Notwithstanding anything contained in sub -sections ( 1) and (1A) the parents or guardians of any child or adolescent referred to in section 3 or section 3A, shall not be liable for punishment, in case of the first offence .] 3[(2) Whoever, having been convicted of an offence under section 3 or section 3A commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years. (2A) Notwithsta nding anything contained in sub -section ( 2), the parents or guardian having been convicted of an offence under section 3 or section 3A, commits a like offence afterwards, he shall be punishable with a fine which may extend to ten thousand rupees .] (3) Whoever 4* * * * * 1. Subs. by Act 35 of 2016, s. 17, for children (w.e.f. 1 -9-2016). 2. Subs. by s. 18, ibid., for sub -section ( 1) (w.e.f. 1 -9-2016). 3. Subs. by s. 18, ibid., for sub -section ( 2) (w.e.f. 1 -9-2016). 4. Clauses ( a), (b) and (c) omitted by s. 18, ibid. (w.e.f. 1 -9-2016). 7 (d) fails to comply with or contravenes any other provisions of this Ac t or the rules made thereunder, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupee s or with both. STATE AMENDMENT Gujarat Amendment of section 14 of 61 of 1986. In the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (61 of 1986) , in its application to the State of Gujarat (hereinafter referred to as the principal Act), in section 14, - (i) in sub -section (1), for the words fifty thousand rupees, the words one lakh rupees shall be substituted; (ii) in sub -section (1A), for the words fifty thousand rupees, the words one lakh rupees shall be substituted. [Vide Gujarat Act 19 of 2021, s. 2] 1[14A. Offences to be Congnizable. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) , any offence committed by an employer and punishable under section 3 or section 3A shall be cognizable. 14B.Child and Adolescent Labour Rehabilitation Fund. (1) The appropriate Government shall constitute a Fund in every district or for two or more distri cts to be called the Child and Adolescent Labour Rehabilitation Fund to which the amount of the fine realized from the employer of the child and adolescent, within the jurisdiction of such district o r districts, shall be credited. (2) The appropriate Gover nment shall credit an amount of fifteen thousand rupees to the Fund for each child or adolescent for whom the fine amount has been credited under sub -section ( 1). (3) The amount credited to the Fund under sub -sections ( 1) and ( 2) shall be deposited in suc h banks or invested in such manner, as the appropriate Gov ernment may decide. (4) The amount deposited or invested, as the case may be under sub -section ( 3), and the interest accrued on it, shall be paid to the child or adolescent in whose favour such amou nt is credited, in such manner as may be prescribed. Expla nation. For the purposes of appropriate Government, the Central Government shall include the Administrator or the Lieutenant Governor of a Union territory under article 239A of the Constitution. 14C. Rehabilitation of rescued child or adolescent .The child or adolescent, who is employed in contravention of the provisions of this Act and rescued, shall be rehabilitated in accordance with the laws for the time being in force. 14D. Compounding of offence s.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) , the District Magistrate may, on the application of the accused person, compound any offence committed for the first time by him, under sub -section ( 3) of section 14 or any offence committed by an accused person being parent or a guardian, in such manner and on payment of such amount to the appropriate Government, as may be prescribed. (2) If the accused fails to pay such amount for composition of the offenc e, then, the proceedings shall be continued against such person in accordance with the provisions of this Act. (3) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, ag ainst the offender in relation to whom the offence is so compounded. (4) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought in writing, to the notice of the Court in which the prosecutio n is pending and 1. Ins. by Act 35 of 2016, s. 19 (w.e.f. 1 -9-2016). 8 on the approval of the composition of the offence being given, the person against whom the offence is so compounded, shall be discharged .] STATE AMENDMENT Gujarat Amendment of section 14D of 61 of 1986. - In the principal Act, in section 14D, in sub -section (1), for the words District Magistrate, the words District Magistrate, Municipal Commissioner, Director of Labour or, as the case may be, the Regional Commissioner of Municipalities shall be substitu ted. [Vide Gujarat Act 19 of 2021, s. 3] 15. Modified application of certain laws in relation to penalties. (1) Where any person is found guilty and convicted of cont ravention of any of the provisions mentioned in sub -section ( 2), he shall be liable to penalties as provided in sub -sections ( 1) and ( 2) of section 14 of this Act and not under the Acts in which those provisions are contained. (2) The provisions referred to in sub -section ( 1) are the provisions mentioned below: (a) section 67 of the Factori es Act, 1948 (63 of 1948); (b) section 40 of th e Mines Act, 1952 (35 of 195 2); (c) section 109 of the Merchant Shipp ing Act, 1958 (44 of 1958); and (d) section 21 of the Motor Transport Workers Act, 1961 (27 of 1961). 16. Procedure relating to offences .(1) Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any c ourt of competent jurisdiction. (2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age o f the child to whom it relates. (3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act. 17. Appointment of Inspectors .The appropriate Government may appoint Inspectors for the purposes of securing compliance with the provisions of this Act and any Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 1[17A. District Magistrate to implement the provisions .The appropriate Government may confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by th e officer as may be prescribed. STATE AMENDMENT Gujarat Amendment of section 17A of 61 of 1986 . In the principal Act, in section 17A, - (i) for the words District Magistrate, the words District Magistrate, Municipal Commissioner, Director of Labour or, as the case may be, the Regional Commissioner of Municipalities shall be substituted; (ii) in the marginal note, for the word District Magistrate, the words District Magistrate, Municipal Commissioner, Director of Labour or Regional Commissioner of Municipalit ies shall be substituted. [Vide Gujarat Act 19 of 2021, s. 4] 1. Ins. by Act 35 of 2016, s. 20 (w.e.f. 1 -9-2016). 9 17B. Inspection and monitoring .The appropriate Government shall make or cause to be made periodic inspection of the places at which the employment of children is prohibited and hazardous occupations or processes are carried out at such intervals as it thinks fit, and monitor the issues, relating to the provisions of this Act.] 18. Power to make rules. (1) The appropriate Government may, by notification in the Official Gazett e and subject to the condition of previous publication, make rules for carrying into eff ect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of t he following matters, namely: 1[(a) the conditions and the safety measures under clause ( b) of sub -section ( 2) and other activities under clause ( b) to Explanation of sub -section ( 2) of section 3; ] 2[(b)] the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the 3[Technical Advisory Committee ] and the conditions and restrictions subject to which a non -member may be appointed to a sub -committee under sub -section ( 5) of section 5; 4[(c)] number of hours for which a 5[adolescent ] may be required or permitted to work unde r sub - section ( 1) of section 7; 6[(d)] grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such cer tificate may be issued: Provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfact ory by the authority concerned; 7[(e)] the other particulars which a register maintaine d under section 11 should contain. 8[(f) the manner of payment of amount to the child or adolescent under sub -section ( 4) of section 14B; (g) the manner of composition of the offence and payment of amount to the appropriate Government under sub -section ( 1) of section 14D; (h) the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17A. ] 19. Rules and notifications to be laid before Parliamen t or State legislature .(1) Every rule made under this Act by the Central Government and every notification issued under section 4, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notif ication or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such 1. Ins. by Act 35 of 2016 , s. 21 (w.e.f. 1 -9-2

Ins. by Act 35 of 2016 , s. 21 (w.e.f. 1 -9-2016). 2. Clause ( a) relettered as clause ( b) thereof by s. 21, ibid. (w.e.f 1-9-2016). 3. Subs. by s. 21, ibid., for Child Labour Technical Advisory Committee (w.e.f. 1 -9-2016). 4. Clause ( b) relettered as clause ( c) thereof by s. 21, ibid. (w.e.f. 1 -9-2016). 5. Subs. by s. 21, ibid., for child (w.e.f. 1 -9-2016). 6. Clause ( c) relettered as clause ( d) thereof by s. 21, ibid. (w.e.f. 1 -9-2016). 7. Clause ( d) relettered as clause (e) thereof by s. 21, ibid. (w.e.f. 1-9-2016). 8. Ins. by Act 35 of 2016, s. 21 (w.e.f. 1 -9-2016). 10 modified form or be of no effect, as the case may be; so, however, that any such modification or ann ulment shall be without prejudice to the validity of anything previously done u nder that rule or notification. (2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the legislature of that State. 20. Certain other provisions of law not barred. Subject to the provisions contained in section 15, the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the Mines Act, 1952 (35 of 1952). 21. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of three years from t he date on which this Act receiv es the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament. 22. Repeal and savings .(1) The Employment of Children Act, 1938 (26 of 1938) is hereby r epealed. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. [Sections 23 to 26.]Rep. by the Repealing and Amending Act , 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f . 3-9-2001). 11 1[THE SCHEDULE (See section 3 A) (1) Mines. (2) Inflammable substances or explosives. (3) Hazardous process. Explanation .For the purposes of this Schedule, hazardous process has the meaning assigned to it in clause ( cb) of the Factories Act, 1948 (63 of 1948) ]. 1. Subs. b y Act 35 of 2016, s. 22, for the Schedule (w.e.f. 1 -9-2016).

THE INDIAN CONTRACT ACT, 1872 ACT NO. 9 OF 18721 [25th April , 1872.] Preamble WHEREAS it is expedient to define and amend certain parts o f the law relating to contracts; It is hereby enacted as follows: PRELIMINARY 1. Short title .This Act may be called the Indian Contract Act, 1872. Extent, Commencement .It extends to the whole of India 2[ 3***]; and it shall come into force on the first day of September, 1872. Saving 4*** Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent w ith the provisions of this Act. 2. Interpretation -clause .In this Act the following words and expressions are used in the following senses, unless a contrary intent ion appears from the context: (a) When one person signifies to another his willingness to do or to abstain from doing anythin g, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal; 1. For the Statement of Objects and Reasons for the Bill which was based on a a report of Her Majestys Commissioners appointed to prepare a body of substantive law for India, dated 6th July, 1866 , see Gazette of India, 1867 Extraordinary, p. 34; for the Report of the Select Committee, see ibid ., Extraordinary, dated 28th March, 1872; for discussions in Council, see ibid ., 1867, Supplement, p. 1064; ibid., 1871, p. 313, and ibid., 1872, p. 527. It has been amended in C.P. by C.P. Act 1 of 1915 and in C.P. and Berar by C.P. and Berar Act 15 of 1938. The Chapters and sections of the Transfer of Property Act, 1882 (4 of 188 2), which relate to contracts are, in places in which that Act is in force, to be taken as part of this Act see Act 4 of 1882, s. 4. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., (w.e.f. 1 -10-1965) to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch., to Pondicherry by Act 26 of 1968, s. 3 and Sch. and has been declared to be in f orce in the Sonthal Parganas see Sonthal Pargana s Settlement Regulation, 1872 ( 3 of 1872), s. 3, as amended by the Sonthal Parganas Justice and Laws Regulation, 1899 (3 of 1899), s. 3. Panth Piploda see the Panth Piploda Law Regulation , 1929 (1 of 1929) , s. 2. It has been declared, by notification under s. 3( a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in The Tarai of the Province of Agra see Gazette of India, 1876, Pt. I, p. 505; the Districts of Hazari bagh, Lohardaga and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum see Gazette of India, 1881, pt. I, p. 504. The District of Lohardaga included at this time the present District of Palamau which was separated in 1894. The District of Lohardaga is n ow called the Ranchi District see Calcutta Gazette, 1899, pt. I, p. 44. 2. Subs. by Act 3 of 1951, s. 3 and Sch., for except Part B States. 3. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019). 4. The words The enactments mentioned in the Schedule hereto are repealed to the extent specified in the third column thereof , but rep. by Act 10 of 1914, s. 3 and the Second Schedule . 11 (b) When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, wh en accepted, be comes a promise; (c) The person maki ng the proposal is called the promisor , and the person accepting the propos al is called the promise e; (d) When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to absta in from doing, something, such a ct or abstinence or promise is called a consideration for the promise; (e) Every promise and every set of promises, forming the consideration f or each other, is an agreement; (f) Promises which form the consideration or part of the consideration for each other are called reciprocal promises; (g) An agreement not enforce able by law is said to be void; (h) An agreement en forceable by law is a contract; (i) An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract; (j) A contract which ceases to be enforceable by law becomes void wh en it ceases to be enforceable. CHAPT ER I OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS 3.Communication, acceptan ce and revocation of proposals. The communication of proposals , the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting or revoking by which he i ntends to communicate such pro posal , accep tance or revocati on, or which has the effect of communicating it. 4. Communication when complete .The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. The communication of an acceptance is complete, as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer. The communication of a revocation is complete, as against the person who m akes it, when it is put into a course of transmission to the p erson to whom it is made, so as to be out of the po wer of the person who makes it; as against the person to whom it is made, w hen it comes to his knowledge. Illustrations (a) A proposes, by letter, to sell a house to B at a certain pri ce. The communication of the proposal is complete when B receives the letter. (b) B accepts A s pro posal by a letter sent by post. The communication of the acceptance is complete, as aga inst A when the letter is posted; as against B, when the letter is r eceived by A. (c) A re vokes his proposal by telegram. The revocation is complete as against A when the telegram is despatched. It is complete a s against B when B receives it. B revokes his acceptance by telegram. Bs revocation is complete as against B when the telegram is despatched, and as against A when it reaches him. 12 5. Revocatio n of proposals and acceptances .A proposal may be revoked at any time before the communication of its acceptance is complete as against th e proposer, but not afterwards. An acceptance may be revoked at any time before the communication of the acceptance is complete as against th e acceptor, but not afterwards. Illustration A proposes, by a letter sent b y post, to sell his house to B . B accepts the pro posal by a letter sent by post. A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards. B may revoke his acceptance at any time before or at the moment when the letter comm unicating it reaches A, but not afterwards. STATE AMENDMENT Uttar Pradesh Amendment of section 5 of Act (9 of 1872). In section 5 of Indian contract Act, 1872, hereinafter in this Chapter referred to as the principal Act, at the end of the first paragraph, the following explanation shall inserted, namely: -- Explanation Where an invitation to a proposal contains a condition that any proposal made in response to such invitation shall be kept open for a specified time and a proposal is thereupon made acceptin g such condition, such proposal may not be revoked within such time. [Vide Uttar Pradesh Act, 57 of 1976, s. 2] 6. Revocation how made .A proposal is revoked (1) by the communication of notice of revocation by t he pro poser to the other party ; (2) by the lapse of the time prescribed in such proposal for its acceptance, or, if no time is so prescribed, by the lapse of a reasonable time, without c ommunication of the acceptance; (3) by the failure of the acceptor to fulfil a co ndition precedent to acceptance; or (4) by the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance. 7. Acceptance must be absolute .In order to convert a proposal into a promise, the acceptance must (1) be absolute and unqualifi ed; (2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts the acceptance. 8. Acceptance by performing conditio ns, or receiving consideration .Performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acc eptance of the proposal. 9. Promises, express and implied .In so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied. 13 CHAPTER II OF CONTRACTS, VOIDABL E CONTRACTS AND VOID AGREEMENTS 10. What agreements are contracts .All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Nothing herein contained sha ll affect any law in force in 1[India] and not hereby expressly repealed by which any contract is required to be made in writing2 or in the presence of witnesses, or any law relating to the registration of documents. 11. Who are competent to contract .Every person is competent to contract who is of the age of majority according to th e law to which he is subject3, and who is of sound mind , and is not disqualified from contracting by any l aw to which he is subject. 12. What is a sound mind f or the purposes of contracting .A person is said to be of sound mind for the purpose of making a contract , if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. A person who is usually of unsound mind, but occasionally of sound mind, may make a con tract when he is of sound mi nd. A person who is usually of soun d mind, but occasionally of un sound mind, may not make a contr act when he is of unsound mind. Illustrations (a) A patient in a lunatic asylum, who is at intervals of sound mind, may c ontract during those intervals. (b) A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract , or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts. 13. Consent defined .Two or more persons are said to consent when they agree upon th e same thing in the same sense. 14. Free consent defined .Consent is said to be free when it is not caused by (1) coercio n, as defined in section 15, or (2) undue influenc e, as defined in section 16, or (3) frau d, as defined in section 17, or (4) misrepresentatio n, as defined in section 18, or (5) mistake, subject to the provis ions of sections 20, 21 and 22. Consent is said to be so caused when it would not have been given but for the exist ence of such coercion, undue influence, fraud , misrepresentation or mistake. 15. Coercion defined .Coercion is the committing, or threatening to commit, any act forbidden by the Indian Penal Code (45 of 1860 )or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. 1. Subs. by Act 3 o f 1951, s. 3 and Sch., for Part A States and Part C States which had been subs. by the A.O. 1950, for the Provinces. 2. See e.g. , s. 25, infra ; the C opyright Act, 1957 (14 of 1957), s . 19; the Carriers Act, 1865 (3 of 1865) ss. 6 and 7; the Companies Act, 1956 (1 of 1956) , ss. 12, 30, 46 and 109. 3. See the Indian Majority Act, 1875 (9 of 1875). 14 Explanation .It is immaterial whether the Indian Penal Code (45 of 1860

5). 14 Explanation .It is immaterial whether the Indian Penal Code (45 of 1860) is or is not in force in the place where the coercion is employed. Illustration A, on board an English ship on the high seas, causes B to enter into an agreement by an act amounting to criminal intimidat ion under the Indian Penal Code (45 of 1860 ). A afterwards sues B for breach of contract at Calcutta. A has employed coercion, although his act is not an offence by the law of England, and although section 506 of the Indian Penal Code (45 of 1860) was not in force at the time when or place where the act was done. 1[16.Undue influence defined .(1) A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an u nfair advantage over the other. (2) In particular and without prejudice to the gene rality of the foregoing principle, a person is deemed to be in a position t o dominate the will of another (a) where he holds a real or apparent authority over the other , or where he stands in a fiduciary relation to the other; or (b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) Where a person who is in a position to dominate the will of another, enters into a contract with him, and the t ransaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. Nothing in this s ub-section shall affe ct the provisions of section 111 of the Indian Evidence Act, 1872 (1 of 1872 ). Illustrations (a) A having advanced money to his son, B, during his minority, upon B s coming of age obtains, by misuse of parental influence, a bond from B for a greater amount than the sum due in respect of the adva nce. A employs undue influence. (b) A, a man enfeebled by disease or age, is induced, by B s influence over him as his medical attendant, to agree to pay B an unreasonable sum for his professional servi ces. B employs undue influence. (c) A, being in debt to B, the money -lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on B to prove that the contract was not induced by undue influence. (d) A applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms. This is a transaction in the ordinary course of business, and the contract is not induced by undue influence.] 17. Fraud defined .Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent2, with intent to deceive another party thereto of his agent, or to induce h im to enter into the contract: (1) the suggestion, as a fact, of that which is not true, by one who does not bel ieve it to be true ; (2) the active concealment of a fact by one having knowledge or belief of the fact; (3) a promise made without any intention of performing it; (4) any other act fitted to deceive; (5) any such act or omission as the law specially decl ares to be fraudulent. Explanation .Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the p erson keeping silence to speak3, or unless his silence is, in itself, equivalent to speech. 1. Subs. by Act 6 of 1899, s. 2 , for the original s. 16. 2. Cf. s. 238, infra . 3. See s. 143, infra . 15 Illustrations (a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse s unsou ndness. This is not fraud in A. (b) B is A s daughter and has just come of age. Here, the relation between the parties would make it A s duty to tell B if the horse is unsound. (c) B says to A If you do not deny it, I shall assume that the horse is sound. A says nothing. Here, A s silence is equivale nt to speech. (d) A and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B s willingness to proceed with the contra ct. A is not bound to inform B . 18. Misrepresentation defined .Misrepresentation means and includes (1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, t hough he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him; by misleading another to his pr ejudice , or to the prejudice of any one claiming under him; (3) causing, however innocently, a party to an agreement , to make a mistake as to the substance of the thing which i s the subject of the agreement. 19. Voidability of a greements without free consent .When consent to an agreement is caused by coercion,1*** fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. A party to a contract whose cons ent was caused by fraud or mis represen tation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true. Exception .If such consent was caused by misrepresentation or by silence, fraudulent within the meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence . Explanation .A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable. Illustrations (a) A, intending to dece ive B, falsely represents that five hundred maunds of indigo are made annually at A s factory, and thereby induces B to buy the factory. The contract is voidable at the option of B. (b) A, by a misrepresentation, leads B erroneously to believe that, five hundred maunds of indigo are made annually at A s factory. B examines the accounts of the factory, which show that only four hundred maunds of indigo have been made. After thi s B buys the factory. The contract is not voidable on account of A s misrepresent ation. (c) A fraudulently informs B that A s estate is free from in cumbrance. B thereupon buys the estate. The estate is subject to a mortgage. B may either avoid the contract, or may insist on its being carried out and the mortgage d ebt redeemed. (d) B, having discovered a vein of ore on the estate of A, adopts means to conceal, and does conceal, the existence of the ore from A. Through A s ignorance B is enabled to buy the estate at an under -value. The contract is voidable at the opt ion of A. (e) A is en titled to succeed to an estate at the death of B ; B dies: C, having received intelligence of B s death, preven ts the intelligence reaching A, and thus induces A to sell him his interest in the estate. The sale is voidable at the optio n of A. 2[19A. Power to set aside contra ct induced by undue influence .When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the par ty whose consent was so caused. 1. The words undue influence rep. by Act 6 of 1899, s. 3. 2. Ins. by Act 6 of 1899, s. 3. 16 Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the Court may seem just. Illustrations (a) As son has forged B s name to a promissory note. B under threat of prosecuting A s son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside. (b) A, a money -lender, advances Rs. 100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for Rs. 200 with interest at 6 per cent. per month. Th e Court may set the bond aside, ordering B to repay the Rs. 100 with s uch interest as may seem just.] 20.Agreement void where both parties are under mistake as to matter of fact .Where both the parties to an agreement a re under a mistake as to a matter of fact essential to the ag reement, the agreement is void. Explanation .An erroneous opinion as to the value of the thing which forms the subject -matter of the agreement , is not to be deemed a mistake as to a matter of fact. Illustrations (a) A agrees to sell to B a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that, before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party wa s aware of th e these facts. The agreement is void. (b) A agrees to buy from B a certain horse. It turns out that the ho rse was dead at the time of the bargain, though neither party was aware of the fact. The a greement is void. (c) A, being entitled to an estate for the life of B, agrees to sell it to C. B was dead at the time of the agreement, but both parties were ignorant of the fact. The agreement is void. 21. Effect of mist akes as to law .A contract is not voidable because it was caused by a mist ake as to any law in force in 1[India]; but a mistak e as to a law not in force in 1[India] has the sa me effect as a mistake of fact. 2* * * * * Illustration A and B make a contract grounded on the erroneous belief that a particular debt is barred by the Indian Law of Limitation : the contract is not voidable. 3* * * * * 22. Contract caused by mistake of one party as to matter of fact .A contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact. 23. What considerations and o bjects are lawful , and what not .The consideration or object of an agreement is lawful, unless it is forbidden by law4; or is of such a nature that if permitted, it would defea t the provisions of any law; or is fraudulent ; or involves or implies injury to the p erson or property of another; or the Court regards it as immora l, or opposed to public policy. 1. The original words British India have successively been amended by the A.O. 1948 and the A.O. 1950 to read as above. 2. Para graph 2, ins. by the A.O. 1937, and as amended by the A. O. 1948 was Rep. by the A. O. 1950. 3. The second Illustration to s. 21 rep. by Act 24 of 1917, s. 3 and the Second Schedule . 4. See ss. 26, 27, 28 and 30, infra . 17 In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or con sideration is unlawful is void. Illustrations (a) A agrees to sell his house to B for 10,000 rupees. Here B s prom ise to pay the sum of 10,000 rupees is the consideration for A s promise to sell the house, and A s promise to sell the house is the consideration for B s promise to pay the 10,000 rupees. These are lawful considerations. (b) A promises to pay B 1,000 rupe es at the end of six months, if C, who owes that sum to B, fails to pay it. B promises to grant time to C accordingly. Here, the promise of each party is the consideration for the promise of the other party , and they are lawful considerations. (c) A promises, for a certain sum paid to him by B, to make good to B the value of his ship if it is wrecked on a certain voyage. Here , As promise is the consideration for B s payment and B s payment is the consideration for A s promise and t hese are lawful con siderations. (d) A promises to maintain B s child , and B promises to pay A 1,000 rupees yearly for the purpose. Here , the promise of each party is the consideration for the promise of the other party. They are lawful considerations. (e) A, B and C enter in to an agreement for the division am ong them of gains acquired or to be acquired, by them by fraud. The agreement is v oid, as its object is unlawful. (f) A promises to obtain for B an em ployment in the public service and B promises to pay 1,000 rupees to A. The agreement is void, as the co nsideration for it is unlawful. (g) A, being agent for a landed proprietor, agrees for money, without the knowledge of his principal, to obtain for B a lease of land belonging to his principal. The agreement between A and B is void , as it implies a fraud by conce alment, by A, on his principal. (h) A promises B to drop a prosecution which he has instituted against B for robbery, and B promises to restore the value of the things taken. The agreement is v oid, as its object is u nlawful. (i) As estate is sold for arrears of revenue under the provisions of an Act of the Legislature, by which the defaulter is prohibited from purchasing the estate. B, upon an understanding with A, becomes the purchaser, and agrees to convey the estate to A upon receiving from him the price which B has paid. The agreement is void, as it renders the transaction, in effect , a purchase by the defaulter, and would so defeat the object of the law

, as it renders the transaction, in effect , a purchase by the defaulter, and would so defeat the object of the law. (j) A, who is B s mukhtar, promises to exercise his in fluence, as such, with B in favour of C, and C promises to pay 1,000 rupees to A. The agreement is voi d, because it is immoral. (k) A agrees to let her daughter to hire to B for concubinage. The agreement is void, because it is immoral, though the letting may not be punishable under the Indian Penal Code (45 of 1860) . Void agreements 24.Agreement s void, if consideration s and objects unlawful in part .If any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is u nlawful, the agreement is void. Illustration A promises to superintend, on behalf of B, a legal manufacture of indigo, and an illegal traffic in other articles. B promises to pay to A a salary of 10,000 rupees a yea r. The agreement is void, the object of A s promise, and the consideration for B s promise, being in part unlawful. 25. Agreement without consideration, void, unless i t is in writing and registered ,or is a promise to compensate for something done or is a promise to pay a debt barred by li mitation law .An agreement made without consideration is void, unles s (1) it is expressed in writing and registered under the law for the time being in force for the registration of 1[documents], and is made on account of natural love and affection between parties standing in a near rel ation to each other ; or unless (2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promiso r wa s legally compellable to do; or unless ; 1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, Pt. I, for assurances. 18 (3) it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might hav e enforced payment but for the l aw for the limitation of suits. In any of these cases, such an agree ment is a contract. Explanation 1.Nothing in this section shall affect the validity, as between the donor and do nee, of any gift actually made. Explanation 2.An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inade quate ; but the inadequacy of the consideration may be taken into account by the Court in determining the question whether the consent of the promisor was freely given. Illustrations (a) A promises, for no consideration, to give to B Rs. 1 ,000. This is a void agreement. (b) A, for natural love and affection, promises to give his son, B, Rs. 1,000. A puts his promise to B into writing and registers it. This is a contract. (c) A finds B s purse and gives it to him. B promises to giv e A Rs. 50. This is a contract. (d) A supports B s infant son. B promises to pay A s expenses i n so doing. This is a contract. (e) A owes B Rs. 1,000, but the de bt is barred by the Limitation Act. A signs a written promise to pay B Rs. 500 on account o f the debt. This is a contract. (f) A agrees to sell a horse worth Rs. 1,000 for Rs. 10. A s consent to the agreement was freely given. The agreement is a contract notwithstanding the i nadequacy of the consideration. (g) A agrees to sell a horse worth Rs. 1,000 for Rs. 10. A denies that his consent to the agreement was freely given. The inadequacy of the consideration is a fact which the Court should take into accoun t in considering whether or not A s consent was freely given. 26. Agreement in restraint of marriage, void.Every agreement in restraint of the marriage of any perso n, other than a minor, is void. 27. Agreem ent in restraint of trade, void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. Exception 1.Saving of agreement not to carry on business of which good -will is sold .One who sells the good -will of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the good -will from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business. 1* * * * *. 28.Agreements in restra int of legal proceedings , void.2[Every agreement, (a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights; or (b) which extinguishes the rights of any party thereto, or discharges any party t hereto, from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to the extent.] Exception 1.Saving of contract to refer to arbit ration dispute that may arise .This section shall not render illegal a contract, by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects shall be referred to arbitration, and that only the amount awarded in s uch arbitration shall be recoverable in respect of the dispute so referred. 3***** Exception 2.Saving of contract to refer questions that have already arisen .Nor shall this section render illegal any contract in writing, by which two or more persons agre e to refer to arbitration any question between them which has already arisen, or affect any provision of any law in force for the time being a s to references to arbitration4. 1. Exceptions 2 and 3 rep. by Act 9 of 1932, s. 73 and the Second Schedule . 2. Subs. by Act 1 of 1997, s. 2, for certain words (w.e.f. 8 -1-1997). 3. The second clause of Exception 1 to section 28 rep. by Act 1 of 1877, s. 2 and Sch. 4. Cf. the Arbitration Act, 1940 (10 of 1940) and the Companies Act, 1956 (1 of 1956), s. 389. 19 1[Exception 3.Saving of a guarantee agreement of a bank or a financial institution .This section shall not render illegal a contract in writing by which any bank or financial institution stipulate a term in a guarantee or any agreement making a provision for guarantee for extinguishment of the rights or discharge of any party thereto from any liability under or in respect of such guarantee or agreement on the expiry of a specified period which is not less than one year from the date of occurring or non -occurring of a specified event for extinguishment or discharge of such part y from the said liability. Explanation .(i) In Exception 3, the expression bank means (a) a banking company as defined in clause ( c) of section 5 of the Banking Regulation Act, 1949(10 of 1949); (b) a corresponding new bank as defined in clause ( da) of section 5 of the Banking Regulation Act, 1949(10 of 1949); (c) State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955); (d) a subsidiary bank as defined in clause ( k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959(38 of 1959); (e) a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976(21 of 1976); (f) a Co -operative Bank as defined in clause ( cci) of section 5 of the Banking Regulation Act, 19 49(10 of 1949); (g) a multi -State co -operative bank as defined in clause ( cciiia ) of section 5 of the Banking Regulation Act, 1949(10 of 1949); and (ii) In Exception 3, the expression a financial institution means any public financial institution withi n the meaning of section 4A of the Companies Act, 1956(1 of 1956).] 29. Agreements void for uncertainty .Agreements, the meaning of which is not certain, or capable of being made certain, are void. Illustrations (a) A agrees to sell to B a hundred tons of oil. There is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty. (b) A agrees to sell to B one hundred tons of oil of a specified description, known as an article of commerce. There is no uncertainty h ere to ma ke the agreement void. (c) A, who is a dealer in cocoanut -oil only, agrees to sell to B one hundred tons of oil . The nature of A s trade affords an indication of the meaning of the words, and A has entered into a contract for the sale of on e hundred tons of cocoanut -oil. (d) A agrees to sell to B all the grain in my granary at Ramnagar . There is no uncertainty h ere to make the agreement void. (e) A agrees to sell B one thousand maunds of rice at a price to be fixed by C . As the price is capable of being made certain, there is no uncertainty h ere to make the agreement void. (f) A agrees to sell to B my white horse for rupees five hundred or rupees one thousand . There is nothing to show which of the two prices was to be given. The agreement is void. 30. Agreements by way of wager void .Agre ements by way of wager are void ; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain ev ent on which any wager is made. 1. Ins. by Act 4 of 2013, s. 17 and the Schedule (w.e.f. 18 -1-2013). 20 Exception in favour of c ertain prizes for horse -racing .This section shall not be deemed to render unlawful a subscription or contribution, or agreement to subscribe or contribute, made or entered into for or toward any plate, prize or sum of money, of the value or amount of five hundred rupees or upwards, to be awarded to the winner or winners of any horse -race. Section 294A of the Indian Penal Code not affected .Nothing in this section shall be deemed to legalize any transaction connected with horse -racing, to which the provisions of section 294A of the Indian Penal Code (45 of 1860) apply. CHAPTER III OF CONTINGENT CONTRACTS 31. Contingent contract defined .A contingent contract is a contract to do or not to do something, if some event, collateral to such con tract, does or does not happen. Illustration A contracts to pay B Rs. 10,000 if B s house is burnt. This is a contingent contract. 32. Enforcement of contracts con tingent on an event happening .Contingent contracts to do or not to do anything if an uncertain future event happens cannot be enforced by law unless and until that event has happened. If the event becomes impossib le, such contracts become void. Illustrations (a) A makes a contract with B to buy B s horse if A survives C. This contract cannot be enforced by law unless and until C dies in A s lifetime. (b) A makes a contract with B to sell a horse to B at a specified price, if C, to whom the horse has been offered, refuses to buy him. The contract cannot be enfor ced by law unless and un til C refuses to buy the horse. (c) A contracts to pay B a sum of money when B marries C. C dies without being married t o B. The contract becomes void. 33. Enforcement of contracts conting ent on an event not happening .Contingent contracts to do or not to do anything if an uncertain future event does not happen can be enforced when the happening of that event beco mes impossible, and not before. Illustration A agrees to pay B a sum of money if a certain ship does not return. The ship is sunk. The contract can b e enforced when the ship sinks. 34.When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person .If the future event on which a contract is contingent is the way in which a person will act at an u nspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise tha n under further contingencies. Illustra tion A agrees to pay B a sum of money if B marries C. C marries D. The marriage of B to C must now be considered impossible, although it is possible that D may die and that C may afterwards marry B. 35.When contracts become void which are contingent on hap pening of spe cified event within fixed time .Contingent contracts to do or not to do anything if a specified uncertain event happens within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. 21 When contracts may be enforced , which are contingent on specified event not happening within fixed time .Contingent contracts to do or not to do anything , if a specified uncertain event does not happen within a fi xed time may be enforced by law when the time fixed has expired and such event has not happened or, before the time fixed has expired, if it becomes certain that such event will not happen. Illustrations (a) A promises to pay B a sum of money if a certain ship returns within a year. The contract may be enforced if the ship returns within the year, and becomes void if the ship is burnt within the year. (b) A promises to pay B a sum of money if a certain ship does not return within a year. The contract may be enforced if the ship does not return within the yea r, or is burnt within the year. 36. Agreement contin gent on impossible events void .Contingent agreements to do

r, or is burnt within the year. 36. Agreement contin gent on impossible events void .Contingent agreements to do or not to do anything, if an impossible ev ent happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made. Illustrations (a) A agrees to pay B 1,000 rupees if two straight lines should enclose a space. The agreement is void. (b) A agrees to pay B 1,000 rupees if B will marry A s daughter C. C was dead at the time of the agreement. The agre ement is void. CHAPTER IV OF THE PERFORMANCE OF CONTRACTS Contracts which must be performed 37. Obli gation of parties to contracts .The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law. Promises bind the representatives of the promisors in case of the death of such promisors before perfor mance, unless a contrary inten tion appears from the contract. Illustrations (a) A promises to deliver goods to B on a certain day on payment of Rs. 1,000. A dies before that day. A s representatives are bound to deliver the goods to B, and B is bound to pay the Rs. 1,000 to A s representatives. (b) A promises to paint a picture for B by a certain day, at a certain price. A dies before the day. The contract cannot be enforced either by A s representatives or by B. 38. Effect of refusal to accept offer of performance .Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract. Every such offer must fu lfil the following conditions: (1) it must be unconditional; (2) it must be made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable oppo rtunity of ascertaining that the person by whom it is made is able and willing there and then to do the whole of what h e is bound by his promise to do; (3) if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable op portunity of seeing that the thing offered is the thing which the promisor is b ound by his promise to deliver. An offer to one of several joint promisees has the same legal conseque nces as an offer to all of them. 22 Illustration A contracts to deliver to B at his warehouse, on the 1st March, 1873, 100 bales of cotton of a particular quality. In order to make an offer of a performance with the effect stated in this section, A must bring the cotton to B s warehouse, on the appointed day, under such circumstan ces that B may have areasonable opportunity of satisfying himself that the thing offered is cotton of the quality contracted for , and that there are 100 bales. 39. Effect of refusal of party to p erform promise wholly .When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its c ontinuance. Illustrations (a) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and B engages to pay her 100 rupees for each night s performance. On the sixth night A wilfully absents herself from the theatre. B is at liberty to put an end to the contract. (b) A, a singer, enters into a contract with B, the manager of a theatre, to sing at h is theatre two night s in every week during the next two months, and B engages to pay her at the rate of 100 rupees for each night. On the sixth night, A wilfully absents herself. With the assent of B, A sings on the seventh night. B has signified his acquiescence in the continuance of the contr act, and cannot now put an end to it, but is entitled to compensation for the d amage sustained by him through A s failure to sing on the sixth night. By w hom contracts must be performed 40.Person by w hom promise is to be performed .If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it. Illustrations (a) A promises to pay B a sum of money. A may perform this promise, either by personally paying the money to B or by causing it to be paid to B by another ; and, if A dies before the time appointed for payment, his representatives must perform the promise, or empl oy some proper person to do so. (b) A promises to paint a picture for B. A must p erform this promise personally. 41. Effect of accepting performance from third pers on.When a promisee accepts performance of the promise from a third person, he cannot afterwards e nforce it against the promisor. 42. Devolution of joint liabilities .When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract, all such persons, during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jo intly, must fulfil the promise. 43.Any one of joint promiso rs may be compelled to perform .When two or more persons make a joint promise, the promisee may, in the absence of express agreemen t to the contrary, compel any 1[one o r more] of such joint promisors to pe rform the whole of the promise. Each pr omisor may compel contribution .Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary inten tion appears from the contra ct. Sharing of l oss by default in contribution .If any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such def ault in equal shares. 1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, Pt. I, for one. 23 Explanation .Nothing in this section shall prevent a surety from recovering from his principal, payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payment s made by the principal. Illustrations (a) A, B and C jointly promise to pay D 3,000 rupees. D may compel either A or B or C to pay him 3,000 rupees. (b) A, B and C jointly promise to pay D the sum of 3,000 rupees. C is compelled to pay the whole. A is insolvent, but his assets are sufficient to pay one -half of his debts. C is entitled to receive 500 rupees from A s estate, and 1,250 rupees from B. (c) A, B and C are under a joint promise to pay D 3,000 rupees. C is unable to pay anything, and A is compelled to pay the whole. A is entitled to rece ive 1,500 rupees from B. (d) A, B and C are under a joint promise to pay D 3,000 rupees, A and B being only sureties for C. C fails to pay. A and B are compelled to pay the whole sum. They are entitled to recover it from C. 44.Effect of release of one join t promisor .Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other join t promisor or joint promisors ; neither does it free the joint promisors so released from responsibility to the other jo int promisor or joint promisors.1 45. Devolution of joint rights .When a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from the contract, the right to claim performance res ts, as between him and them, with them during their joint lives, and, after the death of any of them, with the represent ative of such deceased person j ointly with the survivor or survivors, and, after the death of the last survivor, with the representative s of all jointly.2 Illustration A, in consideration of 5,000 rupees, lent to him by B and C, promises B and C jointly to repay them that sum with interest on a day specified. B dies. The right to claim performance rests with B s representative jointly with C during C s life, and after the death of C with the repr esentatives of B and C jointly. Time and place for performance 46. Time for performance of promise, when no application is to be made and no time is specified .Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be perf ormed within a reasonable time. Explanation .The question what is a reasonable time is, in each parti cular case, a question of fact. 47.Time and place for performance of promise, where time is specified and no application to be made .When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promiso r may perform it at any time during the usual hours of business on such day and at the place at which the promise o ught to be performed. Illustration A promises to deliver goods at B s warehouse on the first January. On that day A brings the goods to B s warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise. 48. Application for performance on certain day to be at proper time and place .When a promise is to be performed on a certain day, and the pr omisor has not undertaken to perform it without application by the p romisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business. 1. See s. 138, infra . 2. For an Exception to s. 45 in case of Government securities, see the Publ ic Debt Act, 1944 (18 of 1944), s. 8. 24 Explanation .The question what is a proper time and place is, in each particular case, a question of fact. 49. Place for performance of promise, where no application to be made and no place fixed for performance .When a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, a nd to perform it at such place. Illustration A undertakes to deliver a thousand maunds of jute to B on a fixed day . A must apply to B to appoint a reasonable place for the purpose of receiving it, and must d eliver it to him at such place. 50. Performance in manner or at time prescr ibed or sanctioned by promisee .The performance of any promise may be made in any manner , or at any time which the promisee prescribes or sanctions. Illustrations (a) B owes A 2,000 rupees. A desires B to pay the amount to A s account with C, a banker. B, who also banks with C, orders the amount to be transferred from his account to A s credit, and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B . (b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which they ow ed to each other. (c) A owes B 2,000 rupees. B accepts some of A s goods in reduction of the debt. The delivery of go ods operates as a pa rt payment. (d) A desires B, who owes him Rs. 100, to send him a note for Rs. 100 by post. The debt is discharged as soon as B puts into the post a letter containin g the note duly addressed to A. Performance of reciprocal promises 51.Promisor not bound to perform, unless reciprocal promise e ready and willing to perform .When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promi se. Illustrations (a) A and B contract that A shall deliver goods to B t o be paid for by B on delivery. A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery. B need not pay for the goods, unless A is ready and willing to deliver them on payment . (b) A and B contract that A shall deliver goods to B at a price to be paid by instalments, the first ins talment to be paid on delivery. A need not deliver, unless B is ready and willing to pay the first instalment on del ivery. B need not pay the first instalment, unless A is ready and willing to deliver the goods on p ayment of the first instalment . 52.Order of perf ormance of reciprocal promises .Where the order in which reciprocal promises are to be performed is expressl y fixed by the contract, they shall b e performed in that order; and where the order is not expressly fixed by the contract, they shall be performed in that order which the natu re of the transaction requires. Illustrations (a) A and B contract that A shall build a house for B at a fixed price. A s promise to build the house m ust be performed before B s promise to pay for it. (b) A and B contract that A shall make over his stock -in-trade to B at a fixed price, and B promises to give security for the payment of the money. A s promise need not be performed until the security is given, for the nature of the transaction requires that A should have security b efore he delivers up his stock. 25 53. Liability of party preventing event on which the contract is to take effect .When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is e ntitled to compensation 1from the other party for any loss which he may sustain in consequence of the n on- performance of the contract. Illustration A and B contract that B shall execute certain work for A for a thousand rupees. B is ready and willing to execute the work accordingly, but A preven ts him from doing so. The contract is voidable at the option of B ; and, if he elects to rescind it, he

ven ts him from doing so. The contract is voidable at the option of B ; and, if he elects to rescind it, he is entitled to recover from A compensation for any loss which he has i ncurred by its non -performance. 54. Effect of default as to that promise which should be first performed, in contract con sisting of reciprocal promises .When a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promi sor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of the reciprocal promise, and must make compensation to the other party to the contract for any loss which such other party may sustain by the n on-performanc e of the contract. Illustrations (a) A hires B s ship to take in and convey, from Calcutta to the Mauritius, a cargo to be provided by A, B receiving a certain freight for its conveyance. A does not provide any cargo for the ship. A cannot claim the performance of B s promise, and must make compensation to B for the loss which B sustains by the n on-performance of the contract. (b) A contracts with B to execute certain builder s work for a fixed price, B supplying the scaffolding and timber necessary for the work. B refuses to furnish any scaffolding or timber, and the work cannot be executed. A need not execute the work, an d B is bound to make compensation to A for any loss caused to him by the n on-performance of the contract. (c) A contracts with B to deliver to him, at a specified price, certain merchandise on board a ship which cannot arrive for a month, and B engages to pay for the merchandise within a week from the date of the contract. B does not pay within the week. As promise to deliver need no t be performed , and B must make compensation. (d) A promises B to sell him one hundred bales of merchandise, to be delivered next day, and B promises A to pay for them within a month. A does not deliver according to his promise. B s promise to pay need not be performed , and A must make compensation. 55. Effect of failure to perform at fixed time, in contr act in which time is essential .When a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performe d, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract. Effect of such fail ure when time is not essential .If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time ; but the promisee is entitled to compensation from the promisor for any loss occ asioned to him by such failure. Effect of acceptance of performance at ti me other than that agreed upon .If, in case of a contract voidable on account of the promisor s failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that a greed, the promisee cannot claim compensation for any loss occasioned by the non -performance of the promise at the time agreed, unless, at the time of such acceptance, he gives notice to the promisor of his intention to do so.2 STATE AMENDMENT Uttar Prades h Amendment of section 55 .In section 55 of the Principal Act, in the third paragraph, for the words unless at the time of such acceptance he gives notice to the promiser of his intention to do so, the words where at the time of such acceptance he has waived his right to do so shall be substituted. [Vide Uttar Pradesh 57 of 1976, s. 26] 1. See s. 73, infra. 2. C.f. ss. 62 and 63, infra . 26 56. Agreement to do impossible act .An agreement to do an act impossible in itself is void. Contract to do an act afterwards be coming impossible or unlawful .A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.1 Compensation for loss through non -performa nce of act known to be impossible or unlawful . Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know, to be impossible or unlawful, such promisor must make compensa tion to such promisee for any loss which such promisee sustains through the non- performance of the promise. Illustrations (a) A agrees with B to discover treasure b y magic. The agreement is void. (b) A and B contract to marry each other. Before the time fixed for the marriage, A goes mad. The contract becomes void. (c) A contracts to marry B, being already married to C, and being forbidden by the law to which he is subject to p ractise polygamy, A must make compensation to B for the loss caused to her by the non-performance of his promise. (d) A contracts to take in cargo for B at a foreign port. A s Government afterwards declares war against the country in which the port is situ ated. The contract becomes void when war is decla red. (e) A contracts to act at a theatre for six months in consideration of a sum paid in advance by B. On several occasions A is too ill to act. The contract to act o n those occasions becomes void. 57.Recip rocal promise to do things legal, and also other things illegal .Where persons reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified circumstances , to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement. Illustration A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, he sh all pay A 50,000 rupees for it. The first set of reciprocal promises, namely, to sell the house and to pay 10,00 0 rupees for it, is a contract. The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement. 58. Alternative pro mise, one branch being illegal .In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced. Illustration A and B agree that A shall pay B 1,000 rupees , for which B shall afterwards deliver to A either rice or smuggled opium. This is a valid contract to deliver rice, and a void agreement as to the o pium. Appropriation of payments 59.Application of payment where debt to be discharged is indicated .Where a debtor, owing several distinct debts to one person, makes a payment to him, either with express intimation, or under circumstances implying , that the payment is to be applied to the discharge of some particular debt, the payment, if accepte d, must be appli ed accordingly. 1. See s. 65, infra . 27 Illustrations (a) A owes B, among other debts, 1,000 rupees upon a promissory note which falls due on the first June. He owes B no other debt of that amount. On the first June , A pays to B 1,000 rupees. The payment is to be applied to the discharge of the promissory note. (b) A owes to B, among other debts, the sum of 567 rupees. B writes to A and demands payment of this sum. A sends to B 567 rupees. This payment is to be applied to the discharge of the debt of which B had demanded payment . 60. Application of payment where debt to be discharged is not indicated .Where the debtor has omitted to intimate and th ere are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, whether its recovery is or is not barred by the law in force for the time being a s to the limitation of suits. 61. Application of payment whe re neither party appropriates .Where neither party makes any appropriation , the payment shall be applied in discharge of the debts in order of time, whether they are or are not barred by the law in force for the time being as to the limitation of suits. If the debts are of equal standing, the payment shal l be applied in di scharge of each proportionably . Contracts which need not be perfo rmed 62. Effect of novation, rescissio n, and alteration of contract .If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract , need not be performed. Illustrations (a) A owes money to B under a contract. It is agreed between A, B and C that B shall thenceforth accept C as his debtor, instea d of A. The old debt of A to B is at an end, and a new debt f rom C to B has been contracted. (b) A owes B 10,000 rupees. A enters into an arrangement with B and gives B a mortgage of his (A s) estate for 5,000 rupees in place of the debt of 10,000 rupees. This is a new con tract and extinguishes the old. (c) A owes B 1,000 rupe es under a c ontract. B owes C 1,000 rupees B orders A to credit C with 1,000 rupees in his books, but C does not assent to the arrangement. B still owes C 1,000 rupees, and no new contract has been entered into. 63. Promise e may dispense with or remit performance of promise e.Every promisee may dispense with or re mit, wholly or in part, the performance of the promise e made to him, or may extend the time for such performance1,or may accept instead of it any sa tisfaction which he thinks fit. Illustrations (a) A promises to paint a picture for B. B afterwards forbids him to do so. A is no longe r bound to perform the promise. (b) A owes B 5,000 rupees. A pays to B, and B accepts, in satisfaction of the whole debt, 2,000 rupees paid at the time a nd place at which the 5,000 rupees were payable. The whole debt is discharged. (c) A owes B 5,000 rupees. C pays to B 1,000 rupees, and B accepts them, in satisfaction of his claim on A. This payment is a d ischarge of the wh ole claim2. (d) A owes B, under. a contract, a sum of money, the amount of which has not been ascertained. A , without ascertaining the amount, gives to B, and B, in satisfaction thereof, accepts, the sum of 2,000 rupees. This is a discharge of the whole de bt, whatever may be its amount. (e) A owes B 2,000 rupees, and is also indebted to other creditors. A makes an arrangement with his creditor s, including B, to pay them a 3[composition] of eight annas in the rupee upon their respective demands. Payment to B of 1,000 rupees is a discharge of Bs demand. 64. Consequences of r escission of voidable contract .When a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is promisor. The party rescinding a voidable contract shall, if he have received any benefit thereunder from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received.4 1. But see s. 135, infra . 2. See s. 41, supra . 3. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, Pt. I, for compensation. 4. See s. 75, infra . 28 65. Obligation of person who has received advantage under void agreem ent, or contract that becomes void .When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the p erson from whom he received it. Illustrations (a) A pays B 1,000 rupees in consideration of B s promising to marry C, A s daughter. C is dead at the time of the promise. The agreement is void, but B must repay A the 1,000 rupees. (b) A contracts with B to deliver to him 250 maunds of rice before the first of May. A delivers 130 maunds only before that day, and none after. B retains the 130 maunds after the first of May. He is bound to pay A for them. (c) A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and B engages to pay her a hundred rupees for each night s performance. On the sixth night, A wilfully absents herself from the theatre, and B, in consequence, rescinds the contract. B must pay A for the fiv e nights on which she had sung. (d) A contracts to sing for B at a concert for 1,000 rupees, which are paid in advance. A is too ill to sing. A is not bound to make compensation to B for the loss of the profits which B would have made if A had been able to sing, but must refund to B the 1,000 r upees paid in advance. 66. Mode of communicating or revoking r escission of voidable contract .The rescission of a voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as apply to the communication or revocation of a proposal1. 67. Effect of neglect of promisee to afford promisor reasonable facilities f or performance .If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any non -performance caused thereby. Illustration A contracts with B to repair B s house. B neglects or refuses to point out to A the places in w hich his house requires repair. A is excused for the non -performance of the contract if it is caused by such neglector refusal. CHAPTER V OF CERTAIN RELATIONS RESEMBLING THOSE CR EATED BY CONTRACT 68. Claim for necessaries supplied to person incapable of contracting, or on hi

CR EATED BY CONTRACT 68. Claim for necessaries supplied to person incapable of contracting, or on hi s account .If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furni shed such supplies is entitled to be reimbursed from the property of such incapable person.2 Illustrations (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B s property. (b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B s property. 69.Reimbursement of person paying money due by another, in pay ment of which he is interested .A person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other. 1. See ss. 3 and 5, supra . 2. The prope rty of a Government ward in Madhya Pradesh is not liable under this section, see the C.P. Court of Wards Act, 1899 (24 of 1899), s. 31( 1). 29 Illustration B holds land in Bengal, on a lease granted by A, the zamindar. The revenue payable by A to the Government being in arrear, his land is advertised for sale by the Government. Under the revenue law, the consequence of such sale will be the annulment of Bs lease. B, to prevent the sale and the consequent annulment of his own lease, pays to the Governm ent the sum due from A. A is bound to mak e good to B the amount so paid. 70.Obligation of person enjoying benefit of non -gratuitous act .Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitou sly, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered1. Illustrations (a) A, a tradesman, leaves goods at B s house by mistake. B treats the goods as his own. He is bound to pay A for them. (b) A saves B s property from fire. A is not entitled to compensation from B, if the circumstances show that h e intended to act gratuitously. 71.Res ponsibility of finder of goods .A person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as a bailee2. 72. Liability of person to whom money is paid , or thing delivere d, by mistake or under coercion .A person to whom money has been paid, or anyth ing delivered, by mistake or under coe rcion, must repay or return it. Illustrations (a)A and B jointly owe 100 rupees to C, A alone pays the amount to C, and B, not knowing this fact, pays 100 rupees over again to C. C is bound to repay the amount to B. (b)A railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the cha rge as was illegally excessive. CHAPTER VI OF THE CON SEQUENCES OF BREACH OF CONTRACT 73.Compensation for loss or damage caused by breach of contract .When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely t o result from the breach of it. Such compensation is not to be given for any remote and indirect loss or damage sus tained by reason of the breach. Compensation for failure to discharge obligation resemb ling those created by contract .When an obligation resembling those created by contract ha s been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. Explanation .In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the incon venience caused by the non -performance of the contr act must be taken into account. 1. As to suits by minors under s. 70 in Presidency Small Cause Courts, see the Presidency Small Cause Courts Act, 1882 (15 of 1882), s. 32. 2. See ss. 151 and 152, infra . 30 Illustrations (a)A contracts to sell and deliver 50 maunds of saltpetre to B, at a certain price to be paid on delivery. A breaks his promise. B is entitled to receive from A, by way of compensation, the sum, if any, by which the contract price falls short of the pric e for which B might have obtained 50 mau nds of saltpetre of like quality at the time when the saltpetr e ought to have been delivered. (b)A hires B s ship to go to Bombay, and there take on board, on the first of January , a cargo , which A is to provide, and to bring it to Calcutta, the freight to be paid when earned. B s ship does not go to Bombay, but A has opportunities of procuring suitable conveyance for the cargo upon terms as advantageous as those on which he had chartered the ship. A avails himself of those opportunities, but is put to trou ble and expense in doing so. A is entitled to receive compensation from B in respe ct of such trouble and expense. (c)A contracts to buy of B, at a stated price, 50 maunds of rice, no time being fixed for delivery. A afterwards informs B that he will not ac cept the rice if tendered to him. B is entitled to receive from A, by way of compensation, the amount, if any, by which the contract price exceeds that which B can obtain for the rice at the time when A inform s B that he will not accept it. (d) A contracts to buy B s ship for 60,000 rupees, but breaks his promise. A must pay to B, by way of compensation, the excess, if any, of the contract price over the price which B can obtain for the ship at the time of the breach of promise. (e) A, the owner of a boat, contracts with B to take a cargo of jute to Mirzapur, for sale at that place, starting on a specified day. The boat, owing to some avoidable cause, does not start at the time appointed, whereby the arrival of the cargo at Mirza pur is delayed beyond the tim e when it would have arrived if the boat had sailed according to the contract. After that date, and before the arrival of the cargo, the price of jute falls. The measure of the compensation payable to B by A is the difference betwee n the price which B coul d have obtained for the cargo at Mirzapur at the time when it would have arrived if forwarded in due course, and its market price at the time when it actually arrived. (f) A contracts to repair B s house in a certain manner, and receives payment in advance . A repairs the house, but not according to contract. B is entitled to recover from A the cost of making the r epairs conform to the contract. (g) A contracts to let his ship to B for a year, from the first of January, for a certain price. Freights rise, an d, on the first of January, the hire obtainable for the ship is higher than the contract price. A breaks his promise. He must pay to B, by way o f compensation, a sum equal to the difference between the contract price and the price for which B could hire a similar ship for a year on and from the first of January. (h) A contracts to supply B with a certain quantity of iron at a fixed price, being a higher price than that for which A could procure and deliver the iron. B wrongfully refuses to receive the iron. B must pay to A, by way of compensation, the differen ce between the contract price of the iron and the sum for which A could have obtained and delivered it. (i) A delivers to B, a common carrier, a machine, to be conveyed, without delay, to A s mill informing B that his mill is stopped for want of the machine. B unreasonably delays the delivery of the machine, and A, in consequence, loses a profitable contract with the Government. A is entitled to receive from B, by way of compensation, the average amount of profit which would have b een made by the working of the mill during the time that delivery of it was delayed, but not the loss sustained through the l oss of the Government contract. (j) A, having contracted with B to supply B with 1,000 tons of iron at 100 rupees a ton, to be delivered at a stated time, contracts with C for the pur chase of 1,000 tons of iron at 80 rupees a ton, telling C that he does so for the purpose of performing his contract with B. C fails to perform his contract with A, who cannot procure other iron, and B, in consequence, rescinds the contract. C must pay to A 20,000 rupees, being the profit which A would have made by the perf ormance of his contract with B. (k) A contracts with B to make and deliver to B, by a fixed day, for a specified price, a certain piece of machinery. A does not deliver the piece of machinery at the time specified, and in consequence of this, B is obliged to procure another at a high er price than that which he was to have paid to A, and is prevented from performing a contract which B had made with a third person at the time of his contract with A (but which had not been then communicated to A), and is compelled to make compensation for breach of that contract. A must pay to B, by way of compensation, the differ ence between the contract price of the p iece of machi nery and the sum paid by B for another, but not the sum paid by B to the third person by way of compensation. (l)A, a builder, contracts to erect and finish a house by the first of January, in order that B may give possession of it at th at time to C, to wh om B has contracted to let it. A is informed of the contract between B and C. A builds the house so badly that, before the first of January, it falls down and has to be re -built by B, who, in consequence, loses the rent which he was to have received from C , and is obliged to make compensation to C for the breach of his contract. A must make compensation to B for the cost of rebuilding the house, for the rent lost, and for the compensation made to C. (m)A sells certain merchandise to B, warranting it to be of a particular quality, and B, in reliance upon this warranty, sells it to C with a similar warranty. The goods prove to be not according to the warranty, and B becomes liable to pay C a sum of money by way of compensation. B is entitled to be reimbursed this sum by A. 31 (n)A contracts to pay a sum of money to B on a day specified. A does not pay the money on that day , B, in consequence of not receiving the money on that day, is unable to pay his debts, and is totally ruined. A is not liable to make good to B anything except the principal sum he contracted to pa y, together with interest up to the day of payment. (o)A contracts to deliver 50 maunds of saltpetre to B on the first of January, at a certain pr ice. B afterwards, before the first of January, contracts to sell the saltpetre to C at a price higher than the market price of the first of January. A breaks hi s promise. In estimating the compensation payable by A to B, the market price of the first of January, and not the profit which would have arisen to B from the sale to C, is to be taken into account. (p)A contracts to sell and deliver 500 bales of cotton to B on a fixed day. A knows nothing of B s mode of conducting his business. A breaks his promise, and B, having no cotton, is obliged to close his mill. A is not responsible to B for the loss caused to B by the closing of the mill. (q)A contracts to sell and deliver to B, on the first of January, certain cloth which B intends to manufacture in to caps of a particular kind, for which there is no demand, except at that season. The cloth is not delivered till after the appointed tim e, and too late to be used that year in making caps. B is entitled to receive from A, by way of compensation, the diff erence between the contract price of the cloth and its market price at the time of delivery, but not the profits which he expected to obtain by making caps, nor the expenses which he has been put to in making p reparation for the manufacture. (r)A, a ship -owner, c ontracts with B to convey him from Calcutta to Sydney in A s ship, sailing on the first of January, and B pays to A, by way of deposit, one -half of his passage -money. The ship does not sail on the first of January, and B, after being in consequence detained in Calcutta for some time and thereby put to some expense, proceeds to Sydney in another vessel, and, in consequence, arriving too late in Sydney, loses a sum of money. A is l iable to repay to B his deposit, with interest, and the expense to which he is put by his detention in Calcutta, and the excess, if any, of the passage -money paid for the second ship over that agreed upon for the first, but not the sum of money which B lost by arriving in Sydney too late. 74. Compensation for breach of contrac t where penalty stipulated for .1[When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the p enalty stipulated for. Explanation .A stipulation for increased interest from the date of default may be a stipulation by way of penalty.] Exception .When any person ente rs into any bail -bond, recogni zance or other instrument of the same nature, or, under the provisions of any la w, or under the orders of the 2[Central Government] or of any 3[State Government ], gives any bond for the performance of any public duty or act in which the public are interested, he shall be liable, upon breach of the condition of any such instrument, to pay t he whole sum mentioned therein. Explanation .A person who enters into a contract

condition of any such instrument, to pay t he whole sum mentioned therein. Explanation .A person who enters into a contract with Government does not necessarily thereby undertake any public duty, or promise to do an act in w hich the public are interested. Illustrations (a)A contracts with B to pay B Rs. 1,000, if he fails to pay B Rs. 500 on a given day. A fails to pay B Rs. 500 on that day. B is entitled to recover from A such compensation, not exceeding Rs. 1,000, as the Court considers reasonable. (b)A contracts with B that, if Apractises as a surgeon within Calcutta, he will pay B Rs. 5,000. A practises as a surgeon in Calcutta. B is entitled to such compensation ; not exceeding Rs. 5,000, as the Court considers reasonable. (c)A gives a recognizance binding him in a pe nalty of Rs. 500 to appear in Court on a certain day. He forfeits his recognizance. He is l iable to pay the whole penalty. 1. Subs. by Act 6 of 1899, s. 4, for the first paragraph of s. 74. 2. Subs. by the A. O. 1937, for Government of India. 3. Subs. by the A.O. 1950, for Provincial Government. 32 1[(d)A gives B a bond for the repayment of Rs. 1,000 with interest at 12 per cent. at the end of six months, with a stipulation that, in case of default, interest shall be paya ble at the rate of 75 per cent. from the date of default. This is a stipulation by way of penalty, and B is only entitled to recover from A such compensation as t he Court considers reasonable. (e) A, who owes mone y to B a money -lender, undertakes to repay him by delivering to him 10 maunds of grain on a certain date, and stipulates that, in the event of his not delivering the stipulated amount by the stipulated date, he shall be liabl e to deliver 20 maunds. This is a stipulation by way of penalty, and B is only entitled to reasonable c ompensation in case of breach. (f) A undertakes to repay B a loan of Rs. 1,000 by five equal monthly instalments, with a stipulation that in default of payment of any instalment, the w hole shall become due. This stipulation is not by way of penalty, and the contract may be enforced according to its terms. (g) A borrows Rs. 100 from B and gives him a bond for Rs. 200 payable by five yearly instalments of Rs. 40, with a stipulation that, in defau lt of payment of any instalment, the whole shall become due. This is a stipulation by way of penalty.] 75.Party rightfully rescinding cont ract, entitled to compensation .A person who rightfully rescinds a contract is entitled t o com pensation for any damage which he has sustained through the non-fulfilment of the contract. Illustration A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights i n every week during the next two months, and B engages to pay her 100 rupees for each night s performance. On the sixth night, A wilfully absents herself from the theatre, and B, in cons equence, rescinds the contract. B is entitled to claim compensation for the damage which he has sustained through the non-fulfilment of the contract. [CHAPTER VII.SALES OF GOODS. ] Rep.by the Indian Sale of Goods Act , 1930 (3 of 1930), s. 65. 76.[Goods of defined .] Rep. by s . 65,ibid. 77.[Sale defined. ] Rep. by s . 65,ibid. 78.[Sale how effected .] Rep. by s . 65,ibid. 79.[Transferofownershipofthingsold,whichhasyettobeascertained,madeorfinished .]Rep.bys . 65, ibid. 80. [Completion of sale of goods which the seller is to put into state in which buyer is to take them .] Rep. by s . 65,ibid. 81. [Completion of sale of goods, when seller has to do anything thereto in order to as certain price .] Rep. by s . 65,ibid. 82. [Completion of sale, when goods are uncertained at date of contrac t.] Rep. by s . 65,ibid. 83. [Ascertainment of goods by subsequent appropriation .] Rep. by s . 65,ibid. 84. [Ascertainment of goods by sellers selection. ] Rep. by s . 65,ibid. 85. [Transfer of ownership of mov eable property, when sold together with immov eable.] Rep. by s. 65, ibid. 86. [Buyer to bear loss after good have become his property .] Rep. by s . 65,ibid. 87. [Transfer of ownership of goods agreed to be sold while non existent .] Rep. by s . 65,ibid. 88. [Contract to sell and deliver, at a future day , goods not in sellers possession at date of contract .] Rep. by s . 65,ibid. 89. [Determination of pr ice not fixed by contract .] Rep. by s . 65,ibid. [DELIVERY .]Rep. by s . 65, ibid. 90. [Delivery how made .] Rep. by s . 65,ibid. 1. Added by Act 6 of 1899, s. 4. 33 91. [Effect of delivery to wharfinger or carrier .] Rep. by s . 65,ibid. 92. [Effect of part -delivery .] Rep. by s . 65,ibid. 93. [Seller not bound to deliver until buyer applies for delivery .] Rep. by s . 65,ibid . 94.[Place of delivery .] Rep.by the Indian Sale of Goods Act , 1930 (3 of 1930), s.65. [SELLERS LIEN.]Rep. by s . 65, ibid. 95.[Sellers lien.]Rep. by s . 65,ibid . 96. [Lien where payment to be made at a future day, but no time fixed for delivery .] Rep. by s . 65, ibid. 97. [Sellers lien where payment to be made at future day, and buyer allows goods to remain in sellers possession .] Rep. by s . 65,ibid. 98. [Sellers lien against subsequent buyer .] Rep. by s . 65,ibid. [STOPPAGE IN TRANSIT .] Rep. by s . 65, ibid. 99. [Power of seller to stop in transit .] Rep. by s . 65,ibid. 100.[When goods are to be deemed in transit .] Rep. by s . 65,ibid. 101. [Continuance of right of stoppage .] Rep. by s . 65,ibid. 102. [Cessation of right on assignment, by buyer, of document showing title .] Rep. by s . 65,ibid. 103. [How seller may stop where instrument of title assigned to secure specific advance .] Rep. by s . 65, ibid. 104. [Stoppage h ow effected .] Rep. by s . 65,ibid. 105. [Notice of sellers claim .] Rep. by s . 65, ibid. 106.[Right of seller on stoppage .] Rep. by s . 65,ibid. [RESALE .] Rep. by s . 65, ibid. 107.[Resale on buyers failure to perform .] Rep. by s . 65,ibid. [TITLE .] Rep. by s . 65, ibid. 108. [Title conveyed by seller of goods to buyer .] Rep. by s . 65,ibid. [WARRANTY .] Rep. by s . 65, ibid. 109.[Sellers responsibility for badness of title .] Rep. by s . 65,ibid. 110. [Establishment of implied warranty of goodness or quality .] Rep. by s . 65,ibid. 111. [Warranty of soundness implied on sale of provisions .] Rep. by s . 65,ibid. 112. [Warranty of bulk implied on sale of goods by sample .] Rep. by s . 65,ibid. 113.[Warranty implied where goods are sold as being of a certain denominatio n.] Rep. by s . 65,ibid. 114. [Warranty where goods ordered for a specified purpose .] Rep. by s . 65,ibid. 115.[Warranty on sale of article of well known ascertained kind .] Rep. by s . 65,ibid. 116. [Seller when not responsible for latent defects .] Rep. by s . 65,ibid. 117. [Buyers right on breach of warranty .] Rep. by s . 65,ibid. 118. [Right of buyer on breach of warranty in respect of goods not ascertained. ] Rep. by s . 65,ibid. [MISCELLANEOUS .] Rep. by s . 65, ibid. 119. [When buyer may refused to accept, if goods not ordered are sent with goods ordered. ]Rep. by s. 65, ibid. 34 120. [Effect of wrongful refusal to accept .] Rep. by s . 65,ibid. 121. [Right of seller as to rescission, on failure of buyer to pay price at time fixed .] Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s.65. 122. [Sale and transfer of lots sold by auction .] Rep. by s . 65,ibid. 123. [Effect of use, by seller, of pretended biddings to raise price .] Rep. by s . 65,ibid. CHAPTER VIII OF INDEMNITY AND GUARANTEE 124.Contract of indemnity defined .A contract by which one party promises to save the other from l oss caused to him by the con duct of the promisor himself, or by the conduct of any other person, is called a contract of indemnity . Illustration A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain sum of 200 rupees. T his is a contract of indemnity. 125.Rights of indemnity -holder wh en sued .The promisee in a contract of indemnity, acting within the scope of his authority, is entitle d to recover from the promisor (1) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify ap plies; (2) all costs which he may be compelled to pay in any such suit if , in bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit; (3) all sums which he may have paid under the terms of any compromise of any such sui t, if the compromise was not contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authori zed him to compromise the suit. 126. Contract of guarantee , surety , principal debtor and creditor .A contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the surety ; the person in respect of whose default the guarantee is given is called the principal de btor, and the person to whom the guarantee is given is called the creditor . A guarantee may be either oral or written. 127. Consideration for guarantee .Anything done, or any promise made, for the benefit of the principal debtor, may be a sufficient consideration to the s urety for giving the guarantee. Illustrations (a) B requests A to sell and deliver to him goods on credit. A agrees to do so, provided C will guarantee the payment of the price of the goods. C promises to guarantee the payment in cons ideration of A s promise to deliver the goods. This is a sufficient consideration for C s promise. (b) A sells and delivers goods to B. C afterwards requests A to forbear to sue B for the debt for a year, and promises that, if he does so, C will pay for them in default of payment by B. A agrees to forbear as requested. This is a sufficient consideration for Cs promise. (c) A sells and delivers goods to B. C afterwards, without consideration, agrees to pay for them in defau lt of B. The agreement is void. 35 128. Surety s liability .The liability of the surety is co - extensive with that of the principal debtor, unless it is otherwise provided by t he contract. Illustration A guarantees to B the payment of a bill of exchange by C, the acceptor. The bill is dishonoured by C. A is liable , not only for the amount of the bill , but also for any interest and charges w hich may have become due on it. 129. Continuing guarantee .A guarantee which extends to a series of transactions , is called a continuing guarantee . Illustrations (a) A, in consideration that B will employ C in collecting the rent of B s zamindari, promises B to be responsible, to the amount of 5,000 rupees, for the due collection and payment by C of those rents. This is a continuing guarantee. (b) A guarantees payment to B, a tea -dealer, to the amount of 100, for any tea he may from time to time supply to C. B supplies C with tea to above the value of 100, and C pays B for it. Afterwards , B supplies C with tea to the value of 200. C fails to pa y. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the exten t of 100. (c) A guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month

) A guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month. B delivers five sack s to C. C pays for them. Afterwards B delivers four sacks to C, which C does riot pay for. The guarantee given by A was not a continuing guarantee, and accordingly he is not liable f or the price of the four sacks. 130.Revo cation of continuing guarantee .A continuing guarantee may at any time be revoked by the surety, as to future transacti ons, by notice to the creditor. Illustrations (a) A, in consideration of B s discounting, at A s request, bills of exchange for C, guarantees to B, for twelve months, the due payment of all such bills to the extent of 5,000 rupees. B discounts bills for C to the extent of 2,000 rupees. Afterward s, at the end of three months, A revokes the guarantee. This revocation discharges A from all liability to B for any subsequent dis count. But A is liable to B for the 2,000 rupees, on d efault of C. (b) A guarantees to B, to the extent of 10,000 rupees, that C shall pay all the bills that B shall draw upon him. B draws upon C. C accepts the bill. A gives notice of revocation. C dishono urs the bill at maturity. A is liable upon his guarant ee. 131.Revocation of continuing guarantee by surety s death .The death of the surety operates, in the absence of any contract to the contrary, as a revocation of a continuing guarantee, so far as regar ds future transactions. 132. Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other s default .Where two persons contract with a third person to undertake a certain liability, and also contract with each other that one of them shall be liable only on the default of the other, the third person not being a party to such contract, the liability of each of such two persons to the third person under the first contract is not affected by the e xistence of the second contract, although such third person may ha ve been aware of its existence. Illustration A and B make a joint and several promissory note to C. A makes it, in fact, as surety for B, and C knows this at the time when the note is made. The fact that A, to the knowledge of C, made the note as surety for B, is no answer to a suit by C against A upon the note . 133.Discharge of surety by variance in terms of contract .Any variance, made without the surety s consent, in the terms of the contract between the principal 1[debtor] and the creditor, discharges the surety as to transacti ons subsequent to the variance. Illustrations (a) A becomes surety to C for B s conduct as a manager in C s bank. Afterwards, B and C contract, without A s consent, that B s salary shall be raised, and that he shall become liable for one -fourth of the losses on overdrafts. B allows a customer to 1. Ins. by Act 24 of 1917, s. 2 and the first Schedule . 36 overdraw, and the bank loses a sum of money. A is discharged from his suretyship by the variance made without his c onsent, and is not liable to make good this loss. (b) A guarantees C against the misconduct of B in an office to which B is appointed by C, and of which the duties are defined by an Act of the Legislature. By a subsequent Act, the nature of the office is m aterially altered. Afterwards, B misconducts himself. A is discharged by the change from future liability under his guarantee, though the misco nduct of B is in respect of a duty not affected by the later Act. (c) C agrees to appoint B as his clerk to sell goods at a yearly salary, upon A s becoming surety to C for B s duly accounting for moneys received by him as such clerk. Afterwards, without A s knowledge or consent, C and B agree that B should be paid by a commission on the goods sold by him and not by a fixed salary. A is not liable for subsequent misconduct of B. (d) A gives to C a continuing guarantee to the extent of 3,000 rupees for any oil supplied by C to B on credit. Afterwards B becomes embarrassed, and, without the knowledge of A, B and C contr act that C shall continue to supply B with oil for ready money, and that the paymen ts shall be applied to the then, existing debts between B and C. A is not liable on his guarantee for any goods suppli ed after : this new arrangement. (e) C contracts to lend B 5,000 rupees on the 1st March. A guarantees repayment. C pays the 5,000 rupees to B on the 1st January. A is discharged from his liability, as the contract has been varied, inasmuch as C might sue B for the money before the 1st of March. 134.Discharge o f surety by release or discharge of principal debtor .The surety is discharged by any contract between the creditor and the principal debtor, by which the principal debtor is released , or by any act or omission of the creditor, the legal consequence of which is the dis charge of the principal debtor. Illustrations (a) A gives a guarantee to C for goods to be supplied by C to B. C supplies goods to B, and afterwards B becomes embarrassed and contracts with his creditors (including C) to assign to them his property in consideration of their releasing him from their demands. Here B is released from his debt by the contract with C, and A is discharged from his suretyship. (b) A contracts w ith B to grow a crop of indigo o n As land and to deliver it to B at a fixed rate, and C guarantees A s performance of this contract. B diverts a stream of water which is necessary for the irrigation of A s land and thereby prevents him from raising the indigo. C is no longer liable on his guarantee. (c) A contracts with B for a fixed price to build a house for B within a stipulated time, B supplying the necessary timber. C guarantees A s performance of the contract. B omits to supply the timber. C is discharged from his suretyship . 135. Discharge of surety when creditor compounds with, gives time to, or agree s not to sue, principal debtor .A contract between the creditor and the principal debtor, by which the creditor makes a composition with, or promises to give time to, or not to sue, the principal debtor, discharges the surety, unless the s urety assents to such contract. 136. Surety not discharged when agreement made with third person to give time to pri ncipal debtor .Where a contract to give time to the principal debtor is made by the creditor with a third person, and not with the principal debtor , the surety is not discharged. Illustration C, the holder of an overdue bill of exchange drawn by A as suret y for B, and accepted by B, contracts with M to give time to B. A is not discharged. 137. Creditor s forbearance to sue does not discharge surety .Mere forbearance on the part of the creditor to sue the principal debtor or to enforce any other remedy against him does not, in the absence of any provision in the guarantee to the contrary, discharge the surety. Illustration B owes to C a debt guaranteed by A. The debt becomes payable. C does not sue B for a year after the debt has become payable. A is not discharged from his suretyship. 37 138.Release of one co -surety does not discharge others .Where there are co -sureties, a release by the creditor of one of them does not discharge the others; neither does it free the surety so released from his respons ibility to the other sureties1. 139. Discharge of surety by creditor s act or omission impairing surety s eventual remedy .If the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which his duty to the surety requires him to do, and the eventual remedy of the surety himself against the principal debtor is thereby impa ired, the surety is discharged. Illustrations (a) B contracts to build a ship for C for a given sum, to be paid by instalments as the work reaches certain stages. A becomes surety to C for B s due performance of the contract. C, without the knowledge of A, prepays to B the last two instalments. A is discharged by this prepayment. (b) C lends money to B on the security of a joint and several promissory note made in C s favour by B, and by A as surety for B, together with a bill of sale of B s furniture, which gives power to C to sell the furniture, and apply the proceeds in discharge of the note. Subsequently, C sells the furniture, but, owing to his misconduct and wilful negligence, only a small price is realized. A is dischar ged from liability on the note. (c) A puts M as apprentice to B, and gives a guarantee to B for M s fidelity. B promises on his part that he will, at least once a month, see M make up the cash. B omits to see this done as promised, and M embezzles. A is no t liable to B on his guarantee. 140.Rights of su rety on payment or performance .Where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed du ty has taken place, the surety upon payment or performance of all that he is liable for, is invested with all the rights which the creditor ha d against the principal debtor. 141.Surety s right to benefit of creditor s securities .A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, w hether the surety knows of the ex istence of such security or not ; and if the creditor loses, or, without the consent of the surety, parts with such security, the surety is discharged to the exten t of the value of the security. Illustrations (a)C, advances to B, his tenant, 2,000 rupees on the guarantee of A. C has also a further security for the 2,000 rupees by a mortgage of B s furniture. C cancels the mortgage. B becomes insolvent and C sues A on his guarantee. A is discharged from liability to the amount of the value of the furniture. (b)C, a creditor, whose advance to B is secured by a decree, receives also a guarantee for that advance from A. C afterwards takes B s goods in execution under the decree, and then, without the knowledge of A, withdraws the execution. A is discharged. (c)A, as surety for B, makes a bond jointly with B to C, to secure a loan from C to B. Afterwards, C obtains from B a further security for the same debt. Subsequently, C gives up the further security. A is not discharged. 142. Guarantee obtained b y misrepresentation invalid .Any guarantee which has been obtained by means of misrepresentation made by the creditor, or with his knowledge and assent, concerning a material part of the transaction, is invalid. 143. Guarantee o btained by concealment invalid .Any guarantee which the creditor has obtained by means of keeping silence as to mat erial circumstances , is invalid. Illustrations (a)A engages B as clerk to collect money for him. B fails to account for some of his receipts, and A in consequence calls upon him to furnish security for his duly accounting. C gives his guarantee for B s duly accounting. A does not acquaint C with Bs previous conduct. B afterwards makes def ault. The guarantee is invalid. 1. See s. 44, supra . 38 (b)A guarantees to C payment fo r iron to be supplied by him to B to the amount of 2,000 tons. B and C have privately agreed that B should pay five rupees per ton beyond the market price, such excess to be applied in liquidation of an old debt . This agreement is concealed from A. A is no t liable as a surety. 144. Guarantee on contract that creditor shall not a ct on it until co -surety joins .Where a person gives a guarantee upon a contract that the creditor shall not act upon it until another person has joined in it as co -surety, the guarantee is not valid if t hat other person does not join. 145.Implied promise to indemnify surety .In every contract of guarantee there is an implied promise by the principal debtor to indemnify the surety, and the surety is entitled to recover from the principal debtor whatever sum he has rightfully paid under the guarantee, but, no sums which he has paid wrongfully. Illustrations (a)B is indebted to C, and A is surety for the debt. C demands payment from A, and on his refusal sues him for the amount. A defends the suit, having reasonable grounds for doing so, but is compelled to pay the amount of the debt with costs. He can recover from B the amount paid by him for costs, as well as the principal debt. (b)C lends B a sum of money, and A, at the request of B, accepts a bill of exchange drawn by B upon A to secure the amount. C, the holder of the bill, demands payment of it from A, and, on A s refusal to pay, sues him upon the bill. A, not having reasonable grounds for so doing, defends the suit, and has t o pay the amount of the bill and costs. He can recover from B the amount of the bill, but not the sum paid for costs, as there was no real g round for defending the action. (c)A guarantees to C, to the extent of 2,000 rupees, payment for rice to be supplied by C to B. C supplies to B rice to a less amount than 2,000 rupees, but obtains from A payment of the sum of 2,000 rupees i n respect of the rice supplied. A cannot recover from B more than the price of the rice actually supplied. 146. Co -suretie s liable t o contribute equally .Where two or more persons are co -sureties for the same debt or duty, either jointly or severally, and whether under the same or different contracts, and whether with or without the knowledge of each other, the co -sureties, in the absence of any contract to the contrary, are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of it which remains un paid by the principal debtor1. Illustratio ns (a)A, B and C are sureties to D for the sum of 3, 000 rupees lent to E. E makes default

, B and C are sureties to D for the sum of 3, 000 rupees lent to E. E makes default in payment. A, B and C are l iable, as between them selves, to pay 1,000 rupees each. (b)A, B and C are sureties to D for the sum of 1,000 rupees lent to E, and there is a contract between A, B and C that A is to be responsible to the extent of one -quarter, B to the extent of one - quarter, and C to the extent of one-half. E makes default in payment. As between the sureties, A is liable to pay 250 rupees, B 250 rupees, and C 500 rupees. 147.Liability of co -sureties bound in different sums .Co-sureties who are bound in different sums are liable to pay equally as far as the limits of their respective obligations permit. Illustrations (a)A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of each 10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D s duly accounting to E. D makes default to the extent of 30,000 rupees. A, B and C a re each liable to pay 10,000 rupees. (b)A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of 10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D s duly accounting to E. D makes default to the extent of 40,000 rupees. A is liable to pay 10,000 rupees, and B and C 15,000 rupees each. (c)A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of 10,000 rupees, B in that of 20,000 rupees , C in that of 40,000 rupees, conditioned for D s duly accounting to E. D makes default to the extent of 70,000 rupees. A, B and C have to pay each the full penalty of his bond. 1. See s. 43, supra . 39 CHAPTER IX OF BAILMENT 148.Bailment bailor and bailee defined .A bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the bailor . The person to whom they are delivered is called, the bailee . Explanation .If a person already in possession of the goods of another contracts to hold them as a bailee, he thereby becomes the bailee, and the owner becomes th e bailor of such goods, although they may not have bee n delivered by way of bailment. 149. Delivery to bailee how made .The delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bai lee or of any person authori zed to hold them on his behalf. 150.Bailor s duty to d isclose faults in goods bailed .The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the ba ilee directly from such faults. If the goods are bailed for hire, the bailor is responsible for such damage , whether he was or was not aware of the existence of s uch faults in the goods bailed. Illustrations (a)A lends a horse, which he knows to be vicious, to B. He does not disclose the fact that the horse is vicious. The horse runs away. B is thrown and injured. A is respons ible to B for damage sustained. (b)A hires a carriage of B. The carriage is unsafe, though B is not aware of it, and A is injured. B is r esponsible to A for the injury. 1151. Care to be taken by bailee .In all cases of bailment the bai lee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed2. 152.Bailee when not liable for loss, etc., of thing bailed. The bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151. 153. Termination of bailment by bailee s act inconsistent with conditions .A contract of bailment is avoidable at the option of the ba ilor, if the bailee does any act with regard to the goods bailed, inconsistent with the conditions of th e bailment. Illustration A lets to B, for hire, a horse for his own riding. B drives the horse in his carriage. This is, at the option of A, a termination of the bailment. 154. Liability of bailee making un authorized use of goods bailed .If the bailee mak es any use of the goods bailed which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them. 1. The responsibility of the Trustees of the Port of Madras constituted under the Madras Port Trust Act, 1905 (Madras Act 2 of 1905), in regard to goods has been declared to be that of a bailee under these sections, without the qualifying words i n the absence of any special contract in s. 152, see s. 40( 1) of that Act. 2.As to railway contracts see the Indian Railways Act, 1890 (9 of 1890), s. 72. As to the liability of common carriers, see the Carriers Act, 1865 (3 of 1865), s. 8. 40 Illustrations (a)A lends a horse to B for his own riding only. B allows C, a member of his family, to ride the horse. C rides with c are, but the horse accidentally falls and is injured. B is liable to make compensation to A fo r the injury done to the horse. (b)A hires a horse in Calcutta from B expressly to marc h to Benares. A rides with due care, but marches to Cuttack instead. The horse accidentally falls and is injured. A is liable to make compensation to B for the injury to the horse. 155. Effect of mixture, with bailor s consent, of his goods with bailee s.If the bailee, with the consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall have an interest, in proportion to their respective shares , in the mixture thus produced. 156.Effect of mixture without bailor s consent, w hen the goods can be separated .If the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, and the goods can be separated or divide d, the property in the goods re mains in the parties respectively ; but th e bailee is bound to bear the expense of separation or division, and any d amage arising from the mixture. Illustration A bails 100 bales of cotton marked with a particular mark to B. B, without A s consent, mixes the 100 bales with other bales of hi s own, bearing a different mark : A is entitled to have his 100 bales returned, and B is bound to bear all the expense incurred in the separation of the bales, a nd any other incidental damage. 157. Effect of mixture, without bailor s consent, when the goods cannot be separated .If the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, in such a manner that it is impossible to separate the go ods bailed from the other goods, and deliver them back, the bailor is entitled to be compensated by the ba ilee for the loss of the goods. Illustration A bails a barrel of Cape flour worth Rs. 45 to B. B, without A s consent, mixes the flour with country flour of his own, worth only Rs. 25 a barrel. B must compensa te A for the loss of his flour. 158. Repayment, by bailor, of necessary expenses .Where, by the conditions of the bailment, the goods are to be kept or to be carried, or to have work done upon them by the bailee for the bailor, and the bailee is to receive no remuneration, the bailor shall repay to the bailee the necessary expenses incurred by him f or the purpose of the bailment. 159.Restorat ion of goods lent gratuitously .The lender of a thing for use may at any time require its return, if the loan was gratuitous, even though h e lent it for a specified time or purpose. But if, on the faith of such loan made for a specified time or purpose, the borrowe r has acted in such a manner that the return of the thing lent before the time agreed upon would cause him loss exceeding the bene fit actually derived by him from the loan, the lender must, if he compels the return, indemnify the borrower for the amount in which the loss so occasioned exceeds the benefit so derived. 160.Return of goods bailed , on expiration of time or acc omplishment of purpose .It is the duty of the bailee to return, or deliver according to the bailor s directions, the goods bailed, without demand, as soon as the time for which they were bailed has expired, or the purpose for which they were bailed has been accomplish ed. 1161. Bailee s responsibility wh en goods are not duly returned .If, by the default of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any loss, d estruction or deterioration of the goods from that time.2 1. S. 161 has been declared to apply to the responsibility of the Trustees of the Port of Madras as to goods in their possess ion seethe Madras Port Trust Act, 1905 (Madras Act 2 of 1905). 2. As to Railway contracts, see the Indian Railways Act, 1890 (9 of 1890), s. 72. 41 162. Termination o f gratuitous bailment by death .A gratuitous bailment is terminated by the death either of the bailor or of the bailee. 163. Bailor entitled to increa se or profit from goods bailed .In the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed. Illustration A leaves a cow in the custody of B to be taken care of. The cow has a calf. B is bound to deliver th e calf as well as the cow to A. 164. Bailor s responsibility to bailee .The bailor is responsible to the bailee for any loss which the bailee may sustain by reason that the bailor was not entitled to make the bailment, or to receive back the goods , or to give directi ons respecting them. 165.Ba ilment by several joint owners .If several joint owners of goods bail them, the bailee may deliver them back to, or according to the directions of, one joint ow ner without the consent of all in the absence of any agreement to the contrary. 166.Bailee not responsible on re -delivery to bailor without title .If the bailor has no title to the goods, and the bailee, in good faith, delivers them back to, or acco rding to the directions of, the bailor, the bailee is not responsible to the owner in respect of such delivery1. 167.Right of thir d person claiming goods bailed .If a person, other than t he bailor, claims goods bailed he may apply to the Court to stop the delivery of the goods to the bailor, and to decide the title to the goods. 168.Right of finder of goods, may s ue for specific reward offered .The finder of goods has no right to sue the owner for com pensation for trouble and expense voluntarily incurred by him to preserve the goods and to find out the owner; but he may retain the goods against the owner until he receives such compensation; and, where the owner has offered a specific reward for the ret urn of goods lost, the finder may sue for such reward, and may retain the goods until he receives it. 169.When finder of thin g commonly on sale may sell it .When a thing which is commonly the subject of sale is lost, if the owner cannot with reasonable dil igence be found, or if he refuses, upon demand, to pay the lawful charges of the finder, the finder may sell it (1) when the thing is in danger of perishing or of losing the greater part of its value, or, (2) when the lawful charges of the finder, in resp ect of the thing found, amo unt to two -thirds of its value. 170. Bailee s particular li en.Where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he has, in the absence of a contract to the contrary, a right to retain such goods until he receives due remuneration for the services he h as rendered in respect of them. Illust rations (a) A delivers a rough diamond to B, a jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the stone till he is paid fo r the services he has rendered. (b) A gives, cloth to B, a tailor, to make into a coat. B promises A to deliver the coat as soon as it is finished, and to give a three months credit for the price. B is not entitled to retain the coat until he is paid. 1. See the Indian Evidence Act, 1872 (1 of 1872), s. 117. 42 171.General li en of bankers, factors, wharfinger s, attorneys and policy -brokers .Bankers, factors, wharfingers, attorneys of a