The Code of Civil Procedure, 1908

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 [The Union of Inida or the State of ................. , as the case may be.] The Advocate General of ................................. The Collector of ..................................... The State of ....................................... The A.B. Company, Limited having its registered office at .............. A.B., a public officer of the C.D. Company. A.B. (add description and residence), on behalf of himself and all other creditors of C.D. late of (add description and residence). A.B. (add description and residence), on behalf of himself and all other holders of debentures issued by the Company .... Limited. The Official Receiver A.B., a minor (add description and residence), by C.D. [or by the Court of Wards], his next friend. A.B. (add description and residence), a person of unsound mind [or of weak mind], by C.D. his next friend A.B., a firm carrying on business in partnership at A.B. (add description and residence), by his constituted attorney C.D. (add description and residence) A.B. (add description and residence), shebait of Thakur ............... A.B. (add description and residence), executor of C.D., deceased. .......... A.B. (add description and residence), heir of C.D., deceased. (3) PLAINTS No. 1 Money Lent (Title) A.B., the above-named plaintiff, states as follows : 1. On the ................ day of 19 ........ ................ he lent the defendant rupees repayable on the ................day of ................ 2. The defendant has not paid the same, except................rupees paid on the .....day of ................19........ [If the plaintiff claims exemption from any law of limitation, say :] 3. The plaintiff was aminor [or insane] from the ................ day of till.... .. ...the ................day of................ 4. [Facts showing when the cause of action arose and that the Court has jurisdiction. ] 5. The value of the subject-matter of the suit for the purpose of jurisdiction is ................rupees and for the prupose of court-fees is ................rupees. 6. The plaintiff claims ................rupees, with interest at ................percent, from the ................day of ................19 ........ No. 2 Money Overpaid (Title) A.B., the above named plaintiff, states as follows :- 1. On the ...... day of.... 19... the plaintiff agreed to buy and the defendant agreed to sell.... bars of silver at.... annas per tola of fine silver. 2. The plaintiff procured the said bars to be assayed by E. F., who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly paid the defendant... rupees. 3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was ignorant when he made the payment. 4. The defendant has not repaid the sum so overpaid. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 3 Goods Sold at a Fixed Price and Delivered (Title) A. B., the above-named plaintiff states as follows :- 1. On the ...... day of......... 19... ..., 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 or the...... day of...... , some day before the plaint was filed]. 3. He has not paid the same. 4. E.F. died on the ...... day of 19. .... 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]. 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....... 19. .. , plaintiff sold and delivered to the defendant {sundry articles of house-furniture], but no express agreement was made as to the price. 2. The goods were reasonably worth .... rupees. 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and relief claimed. ] No. 5 Goods Made at Defendant's Request, and not Accepted (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19... , 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 ...... 19... , offered to deliver them to E.F., and has ever since been ready and willing so to do. 3. E.F. has not accepted the goods or paid for them. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] 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...... 19...., 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 defendant did not take away the goods purchased by him, nor pay for them within [ten days] after the sale, nor afterwards. 5. On the ...... day of ...... 19... ., the plaintiff re-sold the [crate of crockery], on account of the defendant, by public auction, for.... rupees. 6. The expenses attendant upon such re-sale amounted to ...... rupees. 7. The defendant has not paid the deficiency thus arising, amounting to ........ rupees. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 7 Services at a Reasonable Rate (Title) A. B., the above-named plaintiff, states as follows:- 1. Between the ...... day of...... 19... , and the ...... day of 19... at .......plaintiff [executedsundry drawings, designs anddiagrams] for the defendant, at his request; but no express agreement was made as to the sum to be paid for such services. 2. The services were reasonably worth ...... rupees. 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 8 Services and Materials at a Reasonable Cost (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19... , 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... 19 ... , until the day of ...... 19 ... , 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. 1.] 4. The plaintiff as executor of X. Y., claims (Relief claimed]. No. 10 On an Award (Title) A. B., the above-named, plaintiff, states as follows:- 1. On the ...... day of...... 19 ... , the plaintiff and defendant, having a difference between them concerning [a demand of the plaintiff for the price often 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...... 19... , the arbitrators awarded that the defendant should [pay the plaintiff... rupees]. 3. The defendant has not paid the money. [As in paras. 4 and 5 of Form No. 1, and Relief claimed.} No. 11 On a Foreign Judgment (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19... , at... , in the State [or Kingdom] of the ...... Court of that State [or Kingdom,] in a suit therein pending between the plaintiff and the defendant, duly adjudged that the defendant should pay to the plaintiff ........ .rupees, with interest from the said date. 2. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 12 Against Surety for Payment of Rent (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19... , E.F. hired from the plaintiff for the term of......years, the [house No. ...... , ...... street], at the annual rent of...... rupees, payable [monthly]. 2. The defendant agreed, in consideration of the letting of the premises to E. F. to guarantee the punctual payment of the rent. 3. The rent for the month of...... 19... , amounting to ...... rupees, has not been paid. [If, by the terms of the agreement, notice is required to be given to the surety, add:-] 4. On the ...... day of...... 19... , the plaintiff gave notice to the defendant of the non-payment of the rent, and demanded payment thereof. 5. The defendant has not paid the same. [As in paras 4 and 5 of Form No. 1, and relief claimed.] No. 13 Breach of Agreement to Purchase Land (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19. . . , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed. [Or, on the ...... day of...... 19... , the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas of land in the village of... .for... rupees.] 2. On the ................... day of.......... 19... , the plaintiff, being then the absolute owner of the property [land the same being free from all incumbrances, as was made to appear to the defendant], tendered to the defendant a sufficient instrument of transfer of the same [or, was ready and willing, and is still ready and willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the defendant of the sum agreed upon. 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and Relief claimed.]. HIGH COURT AMENDMENT Calcutta and Gauhati.-In Appendix A, in Form No. 13, for the word ?bighas?, substitute the word ?acres?. No. 14 Not Delivering Goods Sold (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19... , the plaintiff and defendant mutually agreed that the defendant should deliver [one hundred barrels of flour] to the plaintiff on the... ..day of... 19... , and that the plaintiff should pay therefor ...... rupees on delivery. 2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods. 3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 15 Wrongful Dismissal (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of ...... 19... , the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may be], and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for his services ...... rupees [monthly]. 2. On the ...... day of...... 19.. .. , the plaintiff entered upon the service of the defendant and has ever since been, and still is, ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice. 3. On the ...... day of...... 19... , the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services. [As in paras. 4 and 5 of Form No. 1, and Relief claimed.] No. 16 Breach of Contract to Serve (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of ...... 19... , the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at an [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...... 19... , offered so to do. 3. The defendant (entered upon) the service of the plaintiff on the above-mentioned day, but afterwards, on the... .day of... 19... , he refused to serve the plaintiff as aforesaid. [As in paras 4 and 5 of Form No. I, and Relief claimed.]. No. 17 Against a Builder for Defective Workmanship (Title) A. B., the above-named plaintiff, states as follows:- 1.On the ...... day of...... 19... , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed, [or State the tenor of the contract.] 2. The plaintiff duly performed all the conditions of the agreement on his part.] 3. The defendant [built the house referred to in the agreement in a bad and unworkmanlike manner], [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 18 On a Bond for the Fidelity of a Clerk (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19... , the plaintiff took E.F. into his employment as a clerk. 2. In consideration thereof, on the ...... day of...... 19. .. , the defendant agreed with the plaintiff that ifE.F., should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not exceeding ........... rupees. [Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the plaintiff the penal sum of...... rupees, subject 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...... 19... , and the ...... day of 19... , E.F. received money and other property, amounting to the value of...... rupees, for the use of the plaintiff, for which sum he has not accounted to him, and the same still remains due and unpaid. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 19 By Tenant against Landlord, with Special Damage (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19... , the defendant, by a registered instrument, let to the plaintiff [the house No. ...... Street] for the term 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 the ...... day of ...... 19... , during the said term, E.F., who was the lawful owner of the said house, lawfully evicted the plaintiff therefrom, and still withhold the pos- session thereof from him. 4. The plaintiff was thereby [prevented from continuing the business of a tailor at the said place, was compelled to expend ...... rupees in moving, and lost the custom of G.H. and I.J. by such removal]. [As in paras 4 and 5 of Form No. I, and Relief claimed.] No. 20 On an Agreement of Indemnity (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19... , the plaintiff and defendant, being partners in trade under the style of A.B, and CD., dissolved the partnership, and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff against all claims that might be made upon him on account of any indebtedness of the firm. 2. The plaintiff duly performed all the conditions of the agreement on his part. 3. On the ...... day of...... 19... , [a judgment was recovered against the plaintiff and defendant by E. F., in the High Court of Judicature at ...... , upon a debt due from the firm to E.F. and on the day of 19... ,] the plaintiff paid...... rupees [in satisfaction of the same]. 4. The defendant has not paid the same to the plaintiff. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 21 Procuring Property by Fraud (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day...... 19... , the defendant, for the purpose of inducing the plaintiff to sell him certain goods, represented to the plaintiff that [he, the defendant, was solvent, and worth .......... rupees over all his liabilities]. 2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the value of .......... rupees. 3. The said representations were false [or state the particular falsehoods] and were then known by the defendant to be so. 4. The defendant has not paid for the goods. [Or, if the goods were not delivered. ] The plaintiff, in preparing and shipping the goods and procuring their restoration, expended..... rupees. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 22 Fraudulently Procuring Credit to be given to another Person (Title) A. B., the above-named plaintiff, states as follows:- 1. On the...... day of...... 19... , the defendant represented to the plaintiff that E.F. was solvent and in good credit, and worth ...... rupees over all his liabilities [or that E.F. then held a responsible situation and was in good circumstances, and might safely be trusted with goods on credit]. 2. The plaintiff was thereby induced to sell to E.F. (rice) of the value of ...... rupees [on months credit]. 3. The said representations were false and were then known by the defendant to be so, arid were made by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff]. 4. E.F. [did not pay for the said goods at the expiration of the credit aforesaid, [or] has not paid for the said rice, and the plaintiff has wholly lost the same. [As in paras 4 and 5 of Form No. 1, and Relief claimed. ] 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 time hereinafter mentioned was, possessed of certain land called .......... and situate in ...... and of a well therein, and of water in the well, and was entitled to the use and benefit of the well and of the water therein, and to have certain springs and streams of water which flowed and ran into the well to supply the same to flow or run without being fouled or polluted. 2. On the...... day of...... 19...., the defendant wrongfully fouled and polluted and 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...... 19... , the defendant has wrongfully caused to issue from certain smelting works carried on by the defendant large quantities of offensive and unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon the said lands, and corrupted the air, and settled on the surface of the lands. 3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were damaged and deteriorated in value, and the cattle and live-stock of the plaintiff on the lands became unhealthy, and many of them were poisoned and died. 4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have done, and was obliged to remove his cattle, sheep and farming-stock therefrom, and has been prevented from having so beneficial and healthy a use and occupation of the lands as he otherwise would have had. [As in paras 4 and 5 of Form No. 1, and Relief claimed. ] No. 25 Obstructing a Right of Way (Title) A. B., the above-named plaintiff, states as follows:- 1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of...... ]. 2. He was entitled to a right of way from the [house] over a certain field to a public highway and back again from the highway over the field to the house, for himself and his servants [with vehicles, or on foot] at all times of the year. 3. On the ...... day of...... 19... , defendant wrongfully obstructed the said way, so that the plaintiff could not pass [with vehicles, or on foot, or in any manner] along the way [and has ever since wrongfully obstructed the same]. 4. (State special damage, if any.) [Ax in paras 4 and 5 of Form No. 1, and Relief claimed. ] No. 26 Obstructing a Highway (Title) 1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from ...... to ...... so as to obstruct it. 2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and stones, [or into the said trench] and broke his arm, and suffered great pain, and was prevented from attending to his business for a long time, and incurred expense for medical attendance. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 27 Diverting a Water-Course (Title) A. B., the above-named plaintiff, states as follows:- 1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a [stream] known as the ...... , in the village of...... , district of...... . 2. By reason of such possession the plaintiff was entitled to the flow of the stream for working the mill. 3. On the ...... day of...... 19... , the defendant, by cutting the bank of the stream, wrongfully divered the water thereof, so that less water ran into the plaintiff's mill. 4. By reason thereof the plaintiff has been unable to grind more than...... sacks per day whereas, before the said diversion of water, he was able to grind ...... sacks per day. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 28 Obstructing a Right to Use Water for Irrigation (Title) A. B., the above-named plaintiff, states as follows:- 1. Plaintiff is, and was at the time hereinafter mentioned, possessed of certain lands situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the said lands. 2. On the ...... day of...... 19... , 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...... 19... , 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 ex pense 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.] [Or thus:- 2. On that day the defendants by their servants so negligently and unskillfully drove and managed an engine and a train of carriages attached thereto upon and along the defendant's railway which the plaintiff was then lawfully crossing, that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para 3.] No. 30 Injuries Caused by Negligent Driving (Title) A. B., the above-named plaintiff, states as follows:- 1. The plaintiff is a shoemaker, carrying on business at...... . The defendant is a merchant of................. 2. On the...... day of...... 19... , the plaintiff was walking south ward along Chowringhee, in the City of Calcutta, at about 3 o'clock in the afternoon. He was obliged to cross Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this street, and just before he could reach the foot pavement on the further side thereof, a carriage of the defendant's, drawn by two horses under the charge and control of the defendant's servants, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses. 3. By the blow and fall and trampling the plaintiff's left arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering and unable to attend to his business, and incurred heavy medical and other expenses, and sustained great loss of business and profits. [As in paras 4 and 5 of Form No. 1, and Relief claimed.] No. 31 For Malicious Prosecution (Title) A. B., the above-named plaintiff, states as follows:- l. On the ........ day of........19... , the defendant obtained a warrant of arrest from .......... [a magistrate of the said city, or as the case may be] on a charge of...... , and the plaintiff was arrested thereon, and imprisoned for...... [days, or hours, and gave bail in the sum of...... rupees to obtain his release]. 2. In so doing the defendant acted maliciously and without reasonable or probable cause. 3. On the ...... day of...... 19... ., the Magistrate dismissed the complaint of the defendant and acquitted the plaintiff. 4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the plaintiff lost his situation as clerk to one E.F., or in consequence the plaintiff suffered plain of body and mind, and was prevented from 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. I, and Relief claimed.] No. 32 Movables Wrongfully Detained (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19 ..., plaintiff owned [or state facts showing a right to the possession] the goods mentioned in the Schedule hereto annexed [or describe the goods. ] the estimated value of which is ...... rupees. 2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff. 3. Before the commencement of the suit, to wit, on the ...... day of...... 19... , 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. The Schedule No. 33 Against a Fraudulent Purchaser and His Transferee with Notice (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...... day of...... 19... , the defendant C.D., for the purpose of including the plaintiff to sell him certain goods, represented to the plaintiff that [he was solvent, and worth ...... rupees over all his liabilities]. 2. The plaintiff was thereby induced to sell and deliver to C.D. [one hundred boxes of tea], the estimated value of which is ...... rupees. 3. The said representations were false, and were then known by C.D. to be so [or at the time of making the said representations, C. D. was insolvent, and knew himself to be so]. 4. C. D. afterwards transferred the said goods to the defendant E.F. without consideration [or who had notice of the falsity of the representation]. [As in paras 4 and 5 of Form No. 1] 7. The plaintiff claims- (1) delivery of the said goods, or...... rupees, in case delivery cannot be had; (2)...... rupees compensation for the detention thereof. No. 34 Rescission of a Contract on the Ground of Mistake (Title) A.B., the above-named plaintiff, states as follows:- . 1. On the ...... day of...... 19... , 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...... 19... , the plaintiff paid the defendant rupees as part of the purchase-money. 4. That the said piece of ground contained in fact only [five big has]. [As in paras 4 and 5 of Form No. 1 ] 7. The plaintiff claims- (1) ...... rupees, with interest from the ........ day of...... 19... ; (2) that the said agreement be delivered up and cancelled. No. 35 An Injunction Restraining Waste (Title) A.B., the above-named plaintiff, states as follows:- 1. The plaintiff is the absolute owner of [describe the property]. 2. The defendant is in possession of the same under a lease from the plaintiff. 3. The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the purpose of sale] without the consent of the plaintiff. [As in paras 4 and 5 of Form No. 1] 6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further waste on the said premises. [Pecuniary compensation may also be claimed.] No. 36 Injunction Restraining Nuisance (Title) A.B., the above-named plaintiff, states as follows:- 1. Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the house No.......... Street, Calcutta]. 2. The defendant is, and at all the said times was, the absolute owner of........ [a plot of ground in the same street...... ]. 3. On the ...... day of...... 19. .. , 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

Appendix B PROCESS No. 1 Summons for Disposal of Suit (O. 5, R. 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 questions relating to the suit, or who shall be accompanied by some person, able to answer all such questions, on the......... day of......... 19 ....... at...... o'clock in the ......... noon, to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. Given under my hand and the seal of the Court, this ......... of........ 19 ..... 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 production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses. 2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both. HIGH COURT AMENDMENTS Allahabad.-In Appendix B, after Form No. 1, insert the following Form, namely:- "No. 1A SUMMONS/NOTICE FOR SERVICE BY ADVERTISEMENT IN A NEWSPAPER (O. V, r. 20) (Title) To .................................................................................................. (Name and address) WHEREAS ..................................... has instituted the above Suit/filed an application, against you for ............. you are hereby summoned to appear in this Court in person or by a pleader on the ............. day of ............. of 19..../20...., at ............. O'clock, -to answer the same, failing which the suit/application will be disposed of ex parte. Given under may hand and the seal of the Court, this......... day of.......... 19.../20.... . Judge." [Vide Notification No. 527/VIII-b-9, dated 27th October, 1986.] Andhra Pradesh.-Same as in Madras. Bombay.-In Appendix B, in Form No. 1, insert the following notice, namely:- "Notice.-Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence stuck out." [Vide P. O. 102/77, dated 15th September, 1983 (w.e.f. 1-104983).] Calcutta.-After Form No. 1, insert the following Form, namely:- "No. 1A SUMMONS TO DEFENDANT FOR ASCERTAINMENT WHETHER THE SLUT WILL BE CONTESTED (O. V, rr. 1 and 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 questions relating the suit on the day of.......... 19..../20...., at O'clock in the ............. noon in Order that on that day you may inform the Court whether you will or will not contest the claim either in whole or in part and in Order that in the event of your deciding to contest the claim either in whole or in part, directions may be given to you as to the date upon which your written statement is to be filed and the witness or witnesses upon whose evidence you intend to rely in support of your defence are to be produced and also the document or documents upon which you intend to relay. Take notice that, in default of your appearance on the day before mentioned the suit will be heard and determined in your absence and take further notice that in the event of your admitting the claim either in whole or in part the Court will forthwith pass judgment in accordance with such admissions. Given under my hand and the seal of the Court this day of ............. 19..../20.... . Judge. Notice.-If you admit the claim either in whole or in part you should come prepared to pay into Court the money due by virtue of such admission together with the costs of the suit to avoid execution of any decree which may be passed against your person or property, or both." (w.e.f. 25-8-1927) Gauhati.-Same as in Calcutta. Karnataka.-Same as in Madras, (w.e.f. 30-3-1967) Kerala.-Same as in Madras, (w.e.f. 9-6-1959) Madras.-In Appendix B, after Form No. 1, insert the following Form, namely:- "No. 1A SUMMONS FOR ASCERTAINING WHETHER AS SUIT IS CONTESTED OR NOT AND IF NOT CONTESTED FOR ITS IMMEDIATE DISPOSAL (O. V, rr. 1 and 5) (Title) To .............................................................. [Name, description and place of residence] WHEREAS ...................................... has instituted a suit against you ............. you are hereby summoned to appear in this Court in person or by a pleader duly instructed ; and able to answer all material questions relating to the suit (or who shall be accompanied by some person able to answer all such questions) on the day of ........... 19..../20...., at.........O'clock in the ............. noon and to state whether you contest or do not contest the claim and, if you contest, to receive directions of Court as to the date on which you have to file the written statements, the date of trial and other matters. Take notice that in the event of the claim not being contested the suit shall be decided at once. Take further notice that in default of your appearance on the day and hour 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 ............. 19..../20.... . Judge. Notice.-If you admit the claim you should pay the money into Court together with the costs of the suit, to avoide execution of the decree, which may be against your person or property or both." [Vide P. Dis. No. 7 of 1927.] No. 2 Summons for Settlement of Issues (O. 5, R. 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 questions relating to the suit, or who shall be accompanied by some persons able to answer all such questions, on the ..... day of......... 19....., 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 counter-claim, 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 counter-claim, you shall enter such documents in a list to be annexed to the written statement]. 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 ......... 19...., 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 production of any document that you have a right to call on the witness to produce, on applying to the Court and on depositing the necessary expenses. 2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or I both. 1. Subs. by Act 104 of 1976, for certain words (w.e.f. 1.2.1977). HIGH COURT AMENDMENT Bombay.-In Appendix B, in Form No. 2, insert the following notice, namely:- "Notice.-Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck out." (w.e.f. 1-10-1983). No. 3 Summons to Appear in Person (O. 5, R. 3.) (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 on the ......... day of......... 19... at ......... o'clock in the ......... noon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance of 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....... 19 .... Judge. HIGH COURT AMENDMENT Bombay.-In Appendix B, in Form No. 3, insert the following notice, namely:- "Notice.-Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck out." (w.e.f. 1-10-1983). 1[No.4 Summons in a Summary Suit (Order XXXVII, Rule 2) (Title) To [Name, description and place of residence.] Whereas ......... has instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs.......... and interest, you are hereby summoned to cause and appearance to be entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs.......... and the sum of Rs.........for costs, together with such interest, if any, as the Court may Order. If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at a hearing of which you will be entitled to move the Court for leave to defend the suit. Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a 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......... 19... Judge. 1. Subs, by Act 104 of 1976, for Form No. 4 (w.e.f. 1.2.1977). HIGH COURT AMENDMENT Bombay.-In Appendix B, for Form No. 4, substitute the following Form, namely:- "No. 4 SUMMONS IN A SUMMARY SUIT (O. XXXVII, r. 2) . (Title) To ...................................................{Name, description and place of residence} "WHEREAS ............ has instituted a suit against you under Order XXXVII, of the Code of Civil Procedure, 1908, for Rs. .............. and interest, you are hereby summoned to make an application within 30 days from the service hereof, for leave to defend the suit in default where of the plaintiff will be entitled at any time after the expiration of such 30 days to obtain a decree for any sum not exceeding the sum of Rs. ............. and the cost of the suit together with such interest, if any, as the Court may Order. Leave to defend may be obtained on an application to the Court supported by affidavit disclosing facts as may be sufficient to satisfy the Court that you are entitled to defend the suit. Given under my hand and seal of the Court, this ........... day of ...........19..../20..... Judge. Notice.-Take notice that in default of your filing an address of service along with your application for leave to defend, the said application will be liable to be rejected." [Vide P.O./102177, dated 15th September, 1983 (w.e.f. 1-10-1983).] 1[No. 4A SUMMONS FOR JUDGMENT IN A SUMMARY SUIT (Order XXXVII, Rule 3) (Title) In the ......... Court, at ......... suit No. ......... of 19... 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 Court or Judge, as the case may be, on the ......... day of 19..., at... o'clock in the forenoon on the hearing of the application of the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or some or several, insert names) for Rs.......... and for interest and costs. Dated the ......... day of......... 19...] 1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977) HIGH COURT AMENDMENT Bombay.-In Appendix B, omit Form 4A. [Vide P.O. 102/77, dated 15th September, 1983 (w.e.f. 1-10-1983.] 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 the above suit against......... for......... and whereas it appears necessary that you should be added as a 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......... 19..., signify to this Court whether you consent to be so added. Given under my hand and the seal of the Court, this ......... day of......... 19..., Judge. HIGH COURT AMENDMENT Bombay.-In Appendix B, in Form 5, insert the following notice, namely:- "Notice.-Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck out." [Vide P. O./102/77, dated 15th September, 1983 (w.e.f. 1-10-1983).] . 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......... 19..., 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.........19..., 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......... 19..., Judge. HIGH COURT AMENDMENT Bombay.-In Appendix B, Forms No. 6, insert the following notice, namely:- "Notice.-Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck out." (w.e.f. 1-10-1983).] No. 7 Order for Transmission of Summons for Service in the Jurisdiction of another Court (0.5.R.21) (Title) Whereas it is stated that ........................................ defendant/witness in the above suit is at present residing in......... : It is Ordered that a summons returnable on the day of ......... 19...., be forwarded to the Court of......... for service on the said defendant/witness with a duplicate of this proceeding. The court-fee of ......... chargeable in respect to the summons has been realised in this Court in stamps. Dated ......... 19... Judge. HIGH COURT AMENDMENT Allahabad.-In Appendix B, omit Form No. 7. No. 8 Order for Transmission of Summons to be Served on a Prisoner (O. 5, R. 25) (Title) To The Superintendent of the Jail at.............................................Under the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant......... who is ........ a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you. 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 duplicate 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 summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you. Judge. HIGH COURT AMENDMENTS Andhra Pradesh.-Same as in Madras, (w.e.f, 29-8-1957) Madras.-In Appendix B, in Form No. 10, in the heading for the words "PUBLIC SERVANT" substitute the words "PUBLIC OFFICER". No. 10 To Accompany Returns of Summons of Another Court (O. 5, R. 23) Read proceeding from the ......... forwarding......... for service on ..........in suit No. ......... of 19..., of that Court, Read Serving Officer's endorsement stating that the ......... and proof of the above having been duly taken by me on the oath of......... and ......... it is Ordered that the......... be returned to the ......... with a copy of this proceeding. Judge. Note.-This form will be applicable to process other than summons, the service of which may have to be effected in the same manner. HIGH COURT AMENDMENTS Allahabad.-In Appendix B, omit Form No. 10- (w.e.f. 24-8-1918) Bombay.-In Appendix B, for Form No. 10, substitute the following Form, namely:- "No. 10 TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT (O. V, r. 23) (Title) Read proceeding from the ............. forwarding for service on ............. in Suit No. ........... of 19..../20...., of that Court. Read Serving Officer's endorsement stating that the ......... and proof of the above having been duly taken by me on the oath of ............................... and it is Ordered that the .............. be returned to the ..................... with a copy of this proceeding. I hereby declare that the said summons on ............. has been duly served. Judge Note.-This form will be applicable to process other than summons, the service of which may to be effected in the same manner." [Vide P.O./102/77, dated 15th September, 1983 (w.e.f. 1-10-1983}.] Calcutta.-In Appendix B, in Form No. 10,- (i) in the heading, after the word "SUMMONS", insert the words "OR NOTICE". (ii) after the words "proof of the above having been taken by me on the oath of.........", insert the words "(or proof of the above having been duly made by the declaration of.....)". Gauhati.-Same as in Calcutta. No. 11 Affidavit of Process-service 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......... 19... I received a summons/notice issued by the Court......... in Suit No. ......... of 19..., in the said Court, dated the......... day of......... 19 ..., for service on ......... (3) The said ......... was at the time personally known to me, and I served the said summons/notice on him/her on the ......... day of...19, at about......... o'clock in the noon at......... by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice. (a) (b) (a) Here state whether the person served, signed or refused to sign the process, and in whose presence. (b) Signature of process-server. or, (3) The said ........ .......... not being personally known to me ............... accompanied me to the said summons/notice on his/her on the ......... day of.........19..., at about....... ......... o'clock in the ............. noon at...............by tendering a copy thereof to him/her and requiring his /her signature to the original summons/notice. (a) (b) (a) Here state whether the person served signed or refused to sign the process, and in whose presence. (b) Signature of process-server. or, (3) The said............... and the house in which he ordinarily resides being personally known to me, I went to the said house, in ............... and thereon the............... day of......... 19..., at about......... o'clock in the......... noon, I did not find the said............ (a) (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. 0r (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/Affirmed by the said....... . before me this.... day of......... 19... before me this day of.................. 19 ......... Empowered under section 139 of the Code of Civil Procedure, 1908, to administer the oath to deponents. HIGH COURT AMENDMENT Calcutta-In Appendix B, for Form No. 11, substitute the following Form, namely:- "No. 11 DECLARATION OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OF NOTICE (O. V, r. 18) (Title) I................ a process-server of this Court, declare: (1) On the ................ day of ............... 19..../20...., I received a summons/notice issued by the Court of...................... in suit No.................... of 19..../20...... in the Court dated............... day of .............. 19..../20...... for service on.......... (2) The said....................was at the time personally known to me, and I served the summons /notice on him/her on the....................day of..................19..../20...., at about................O'clock in the ..............noon at........... by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice. (a) (b) (a) [Here state whether the person served, signed or refused to sign the process and in whose presence]. (b) [Signature of process-server]. or, (2) The said....................not being personally known to me..................pointed out to me a person whom he stated to be the said..................... and I served the said summons/notice on him/her on the ....................day of........,.......19..../20...., at about.................O'clock in the noon at.............by tendering a copy thereof to him/her and requiring his/her signature ................. to the original summons/notice. (a) (b) (a) [Here state whether the person served, signed or refused to sign the process and in whose presence]. (b) [Signature of process-server]. (3) The said................not being personally known to me..................accompanied to...................and pointed out to me a person whom he stated to be the said....................and I served the said summon/notice on him/her on the..............day of..................19.... /20.... at about ............ O'clock in the....................noon at ............ by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice. (a) (b) (a) Here state whether the person served, signed or refused to sign the process, and in whose presence. (b) [Signature of process-server.] (3) The said....................and the house in which he ordinarily resides being personally know to me/pointed out to me by. I went to the said house in ........... and there on the ............ day of ........... 19.../20...., at.............................O'clock in the force/after noon I did not fine and said....................I enquiry after. (a) neighbours (b) I was told that....................had gone to.....................and would not be back till........................... Signature of process-server or, (3) 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/affirmed by the said............................before me this.......................day of.......... 19..../20.... . Empowered under section 139 of the Code of Civil Procedure, 1908, to administer the oath of deponents". (w.e.f. 12-5-1909) No. 12 Notice to Defendant (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......... 19... is now fixed for the hearing of the same; in default of your appearance on the day last mentioned the suit will be heard and determined in your absence. Given under my hand and the seal of the Court, this ......... day of......... 19... Judge. HIGH COURT AMENDMENTS Andhra Pradesh.-Same as in Madras. Madras.-In Appendix B, after Form No. 12, insert the following Form, namely:- "No. 12A NOTICE TO THE PROPOSED GUARDIAN DEFENDANT OF A MINOR (O. XXXII, rr. 3 and 4) (Title) To ............................[Name, description and place of residence of proposed guardian.] Take notice X plaintiff/appellant in ................has presented a petition to the Court praying that you be appointed guardian ad litem to the minor................ defendant(s)/respondents(s) and that the same will be heard on the day...,.........19..../20.... 2. The affidavit of X has been filed in support of this application. 3. If you are willing to act as guardian for the said defendants(s)/respondents(s) you are required to sign (or affix your mark to) the declaration on the back of this notice. 4. In the event of your failure to signify your express consent in manner indicated above, take further notice that the Court may proceed under Order XXXII, rule 4, Code of Civil Procedure, to appoint some other suitable person or one of its officers as guardian ad litem of defendants{s)/respondents(s) the minor aforesaid. Dated the day of.................. 19..../20.... . (Signed) (To be printed on the reverse). I hereby acknowledge receipt of a duplicate of this notice and consent to act as guardian of the minor respondent(s)/defendants) therein mentioned. (Signed) Y. Z." Witnesses: 1. 2. No. 13 Summons to Witness (O. 16.RR. 1,5) (Title) To Whereas your attendance is required to ......... on behalf of the ......... in the above suit, you are hereby required [personally] to appear before this Court on the ........ day of ......... 19 ..., at ......... o'clock in the forenoon, and to bring with you [or to send to this ......... Court]. A sum of Rs........... being your travelling and other expenses and subsistence allowance for one day, is herewith sent. If you fail to comply with this Order without lawful excuse, you will be subject to the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908. Given under my hand and the seal of the Court, this ......... day of......... 19... Judge. Notice.-(1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid. (2) If you are detained beyond the day aforesaid, a sum of Rs.......... will be tendered to you for each day's attendance beyond the day specified. HIGH COURT AMENDMENTS Karnataka.-Same as in Kerala. Kerala.-(i) Same as in Madras (i). (ii) In Appendix B, after Form No. 13, insert the following Form, namely:- "No. 13A CERTIFICATE OF ATTENDANCE TO AN OFFICER OF GOVERNMENT SUMMONED AS A WITNESS IN A SUIT TO WHICH THE GOVERNMENT IS A PARTY (O. XVI, r. 4A) (Cause Title) This is to certify that .......................... (name) ............................ (designation) being a Government servant from the State of..............(name).................was summoned to give evidence in his official capacity on behalf of the plain tiff/defendant in the above suit/matter and was in attendance in this Court from the...............day of.............to the..............day of........19.,../20...., (inclusive) and that a sum of Rupees.............has been paid into Court by the plaintiff defendant towards his travelling and subsistence for............day according to the scale prescribed by the Government of the State of............(name) and that the said amount has been/will be remitted to the Government Treasury at............to be credited to Government under the head "XXI (e) (ii) Administration of Justice...............Miscellaneous.......other Items." Dated...................the day of..........19..../20.... . Presiding Judge or .5 Chief Ministerial Officer." (w.e.f. 9-6-1959) Madras.-In Appendix B, in Form 13,- (i) in Notice (1), at the end, insert the following words, namely:- "If the document you are summoned to produce is an entry in a letter book or a shop book or other account in current use, and you are desirous of receiving back the document, you may furnish along with the document a copy of the entry." (ii) after Form 13, insert the following Form, namely:- "No. 13A CERTIFICATE OF ATTENDANCE TO AN OFFICER OF GOVERNMENT SUMMONS AS A WITNESS IN A SUIT TO WHICH THE GOVERNMENT IS A PARTY (O. XVI, r. 4A) (Cause Title) This is to certify that...............(Name)...............(designation) being a servant of the Government of India/of the Government of (name of State).......... was summoned to give evidence in his official capacity on behalf of the plaintiff/defendant.............in the above............ and was in attendance in this Court from the .......... day of..........to the..........day of..........19..../ 20...., '(inclusive)' and that a sum of Rupees...............has been paid into Court by the plaintiff/ defendant ...............towards his travelling and subsistence allowance for...............days according to the scale prescribed by Government of India/Government of (name of State) and that the said amount............... has been/will be........... remitted to the Government Treasury at.........to be credited to Government under the head XXI-D......... Miscellaneous Fees and dated the..........day of...........19..../20.... Presiding Judge or Chief Ministerial Officer." (w.e.f. 2-3-1942 and 28-5-1958) No. 14 Proclamation Requiring Attendance of Witness (O. 16, R. 10) (Title) To Whereas it appears from the examination on oath of the serving officer that the summons could not be served upon the witness in the manner prescribed by law; and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons: This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the ............... day of............... 19 .......... 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 la

Appendix C DISCOVERY, INSPECTION AND ADMISSION No. 1 Order for Delivery of Interrogatories (O. 11, R.I) In the Court of......... Civil Suit No........ of......... 19 ......... A.B. ................................... .... Plaintiff, against C. D. E. F. and G. H ................................ Defendants. Upon hearing......... and upon reading the affidavit of......... filed the ....... .. day of... 19.........; It is Ordered that the ......... be at liberty to deliver to the ...................interrogatories in writing, and that the said ......... do answer the interrogatories as prescribed by Order XI, rule 8, and that the costs of this application be. No. 2 Interrogatories (O. 11, R. 4.) (Title as in No. 1, supra) Interrogatories on behalf of the above-named [Plaintiff or defendant CD.] for the examination of the above-named [defendants E.F. and G. H. or plaintiff]. 1. Did not, etc. 2. Has not, etc.......... etc.,......... etc., ......... etc. [The defendant E. F. is required to answer the interrogatories numbered...........] [The defendant G.H. is required to answer the interrogatories numbered......,....] No. 3 Answer to Interrogatories (O. 11, R. 9) (Title as in No. 1, supra) The answer of the above-named defendant E. F., to the interrogations for his examination by the above-named plaintiff. In answer to the said interrogatories, I, the above-named E.F., make oath and say as follow:- 1. Enter answers to interrogatories in paragraphs numbered consecutively. 2. 3. object to answer the interrogatories numbered on the ground that [state grounds of objection]. No. 4 Order for Affidavit as to Documents (O. 11, R. 12) (Title as in No. 1, supra) Upon hearing ......... ; It is Ordered that the .... do within ......... days from the date of this Order, answer on affidavit stating which documents are or have been in his possession or power relating to the matter in question in this suit, and that the costs of this application be. 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:- 1.1 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. 2.1 object to produce the said documents set forth in the second part of the first Schedule hereto [state grounds of objection]. 3.1 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. Accordingly to the best of my knowledge, information and belief I have not now, and never had, in my possession, custody or power, or in the possession, custody or power of my pleader or agent, or in the possession custody or power of any other person on my behalf, any account, book of account, voucher, receipt, letter memorandum, paper or writing, or any copy of or extract from any such document, or any other documents whatsoever, relating to the matters in question in this suit or any of them, or wherein any entry has been made relative to such matters or any of them, other than and except the documents set forth in the said first and second Schedules hereto. No. 6 Order to Produce Documents for Inspection (O. 11, R. 14) (Title as in No. 1, supra) Upon hearing ......... and upon reading the affidavit of......... filed the day of ........ 19... It is Ordered that the ......... do, at all reasonable times, on reasonable notice, produce at......... situate at......... , the following documents, namely,........ , and that the......... be at libery to inspect and persue the documents so produced, and to make notes 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 that. ........ day of......... 19...]. [Describe documents required.] X. Y., Pleader for the To Z., Pleader for the. No. 8 Notice to Inspect Documents (O.11, R. 17) (Title as in No. 1. supra) Take notice that you can inspect the documents mentioned in your notice of the ......... day of......... 19... except the documents numbered in that notice] at [insert place of inspection] on Thursday next, ............. the instant, between the hours of 12 and 4 o'clock. Or, that the [plaintiff or defendant] objects to giving you inspection of documents mentioned in your notice of the... day of......... 19... on the ground that [State the ground]. No. 9 Notice to Admit Documents (O. 12, R. 3) (Title as in No. 1, supra) Take notice that the plaintiff [or defendant] in this suit proposes to adduce in evidence the several document hereunder specified, and that the same may be inspected by the defendant [or plaintiff] his pleader or agent, at ......... on ......... between the hours of......... ; and the defendant [or plaintiff] is hereby required, within forty-eight hours from the ... last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered were so served, sent or delivered, respectively, saving all just exceptions to the admissibility of all such documents as evidence in this suit. G.H., pleader [or agent] for plaintiff [or defendant] To E.F., pleader [or agent] for defendant [or plaintiff]. [Here describe the documents and specify as to each document whether it is original or a copy.] No. 10 Notice to Admit Facts (O. 12, R. 5) (Title as in No. 1, supra) Take notice that the plaintiff [or defendant] in this suit requires the defendant [or plain tiff] to admit, for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit. G.H. pleader [or agent] for plaintiff [or defendant]. To E.F., pleader [or agent] for defendant [or plaintiff]. The facts, the admission of which is required, are:- 1. That M died on the 1st January, 1890. 2. That he died intestate. 3. That N was his only lawful son. 4. That O died on the 1st April, 1896. 5. That O was never married. No. 11 Admission of Facts Pursuant to Notice (O. 12, R. 5) (Title as in No. 1, supra) The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all-just exceptions to the admissibility of any such facts, or any of them, as evidence in this suit: Provided that this admission is made for the purposes of this suit only, and is not an admission to be used against the defendant [or plaintiff] on any other occasion or by any one other than the plaintiff [or defendant or party requiring the admission]. E.F., pleader [or agent] for defendant [or plaintiff] To G. H., pleader [or agent[ for plaintiff [or defendant]. Facts admitted Qualifications or limitations, if any, subject to which they are admitted 1 That M died on 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 of power, containing any entry, memorandum or minute relating to the matters in question in this suit, and particularly. G.H., pleader [or agent] for plaintiff [or defendant]. To E.F., pleader [or agent] for defendant [or plaintiff].

Appendix D DECREES No.1 Decree in Original Suit (O. 20, RR. 6, 7) (Title) Claim for.............. This suit coming on this day for final disposal before ..... in the presence of......... for the plaintiff and of............ for the defendant, it is Ordered and decreed that......... and that the sum of Rs. ......... be paid by the ......... to the ......... on account of the costs of this suit, with interest thereon at the rate of......... per cent, per annum from this date to date of realization. Given under my hand and the seal of the Court, this .......day of......... 19... 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. of exhibits Pleader's fee 4. Pleader's fee on Rs. Subsistence for witnesses 5. Subsistence for witnesses Service of process 6. Commission fee Commissioner's fee 7. Service of process Total Total HIGH COURT AMENDMENTS Andhra Pradesh-Same as in Madras. Calcutta.-In Appendix D, in Form No. 1, under the head "Costs of suit", for table, substitute the following table, namely:- Plaintiff Amount Defendant Amount Rs. A. P. Rs. A. P. 1 Stamp for plaint. 2 Stamp for power. 3 Stamp for petitions and affidavits. 4 Costs of exhibits including copies made under the Banker's Books Evidence Act, 1891 5 Pleader's fee on 6 Rs. Subsistence and travelling allowance of witnesses (including those of party, if allowed by Judge). 7 Process fee. 8 Commissioner's fees 9 Demi-paper 10 Cost of transmission of records. 11 Other costs allowed under the Code and General Rules and Orders. 12 Adjournment costs not paid in case (to be added or deducted as the case may be) Total Gauhati.-Same as in Calcutta. Madras.-In Appendix D, in Form 1, under the head "Costs of Suit",- (i) under the heading "Plaintiff", after item 7, insert the following item, namely:- " 8. Fee for preparation of process" (ii) under the heading "Defendant", in item 3, after the word "fee", insert the words "on Rs...."; (iii) under the heading "Defendant", after item 6, insert the following item namely:- "Fee for preparation of process." , Orissa.-Same as in Patna. Patna.-In Appendix D, in the Form No. 1, under the head "Costs of Suit", for table substitute the following table, namely:- Plaintiff Amount Defendant Amount Rs. A. P. Rs. A. P. 1 Stamp for plaint. 1 Stamp for power. 2 Stamp for power. 2 Stamp for petition or affidavit. 3 Stamp for petition affidavit. 3 Costs for exhibits. 4 Costs for exhibits. 4 Pleader's fee. 5 Pleader's fee on Rs. 5 Subsistence - 6 Subsistence - (a) for defendant or his agent. (a) for plaintiff or his agent. (b) for witnesses. (b) for witnesses. 6 Commissioner's fee. 7 Commissioner's fee. 7 Service of process. 8 Service for process. 8 Copying or typing charge. 9 Copying or typing charge. Total Total No. 2 Simple Money Decree (Section 34) (Title) Claim for This suit coming on this......... day for final disposal before......... in the presence of ..... for the plaintiff and of......... for the defendant; It is Ordered that the ........do pay to the....... the sum of Rs.......... with interest thereon at the rate of........per cent per annum from...... to the date of realization of the said sum and do also pay Rs...., the cost 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.... 19 ... 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. of exhibits Pleader's fee 4. Pleader's fee on Rs. Subsistence for witnesses 5. Subsistence for witnesses Service of process 6. Commission fee Commissioner's fee 7. Service of process Total Total HIGH COURT AMENDMENTS Andhra Pradesh.-Same as in Madras Calcutta.-In Appendix D in Form No. 2 under the head "Costs of Suit", for table substitute the following table, namely:- Plaintiff Amount Defendant Amount Rs. A. P. Rs. A. P. 1 Stamp for plaint. 1 Stamp for power. 2 Stamp for power. 2 Stamp for petitions and affidavits. 3 Stamp for petitions and affidavits. 3 Costs of exhibits including copies made under the Banker's Books Evidence Act, 1891. 4 Costs of exhibits including copies made under the Banker's Books Evidence Act, 1891 4 Pleader's fee. 5 Pleader's fee on 5 Subsistence and travelling allowances of witness (including those of party, if allowed by Judge). 6 Rs. Subsistence and travelling allowance of witnesses (including those of party, if allowed by Judge). 6 Process fee. 7 Process fee. 7 Commissioner's fees 8 Commissioner's fees 8 Demi-paper. 9 Demi-paper 9 Costs of transmission of records. 10 Cost of transmission of records. 10 Other costs allowed under the Code and General Rules and Orders. 11 Other costs allowed under the Code and General Rules and Orders. 11 Adjournment costs not paid in case (to be deducted or added as the case may be). 12 Adjournment costs not paid in case (to be added or deducted as the case may be) Total Total Madras.-In Appendix D, in Form 2, under the head "Costs of Suit",- (i) under the heading "Plaintiff", after item 7, insert the following item, namely:- " 8. Fee for preparation of process" (ii) under the heading "Defendant", in item 3, after the word "fee", insert the words "on Rs...."; (iii) under the heading "Defendant", after item 6, insert the following item, namely:- "Fee for preparation of process." Gauhati.-Same as in Calcutta. No. 3 Preliminary Decree for Foreclosure (Order XXXIV, Rule 2-Where accounts are directed to be taken.) (Title) This suit coming on this ......... day, etc.; It is hereby Ordered and decreed that it be referred to ............ as the Commissioner to take the accounts following:- (i) an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent per annum or at such rate as the Court deems reasonable); (ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the Order or for the use of the plaintiff or which without the wilful default of the plaintiff or such person might have been so received; (iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent, per annum); (iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed. 2. And it is hereby further Ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the plaintiff on account of interest on the principal sum adj udged due and thereafter in reduction or discharge of the principal. 3. And it is hereby further Ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the. ... day of......... and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make. 4. And it is hereby further Ordered and decreed- (i) that the defendant do pay into Court on or before the........day of.........., or any later date up to which time for payment may be extended by the Court, such sum as the Court shall fined due, and the sum of Rs...........for the costs of the suit awarded to the plaintiff. (ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 5. And it is hereby further Ordered and decreed that, in default of payment as aforesaid, the plaintiff shall be at liberty to apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the schedule annexed hereto and shall, if so required, deliver ,up to the plaintiff quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit. Schedule Description of the mortgaged property HIGH COURT AMENDMENT Kerala.-In Appendix D, omit Form No. 3 [Vide Kerala Gazette No. 3. Pt. III, G-347/S, dated 15th January, 1974.] No.3A Preliminary Decree for Foreclosure . (Order XXXIV, Rule 2,-Where the Court declares the amount due) (Title) This suit coming on this.........day, etc.; It is hereby declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to this........day of..........is the sum of Rs..........for principal, the sum of Rs......for interest on the said principal, the sum of Rs.....for costs, charges and expenses (other than the costs of the suit) properly incured by the plaintiff in respect of the mortgage-security, together with interest thereon, and the sum of Rs.........for the costs of this suit awarded to the plaintiff, making in all sum of Rs. 2. And it is hereby Ordered and decreed as follows:- (i)'that the defendant do pay into Court on or before for.......day of......or any later date up to which time for payment may be extended by the Court of the said sum of Rs......; (ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 3. And it is hereby further Ordered and decreed that, in default if payment as aforesaid, the plaintiff may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, of 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 HIGH COURT AMENDMENT Kerala.-In Appendix D. omit No. 3A. [Vide Kerala Gazette No. 3, Pt. III, G-347/S, dated 15th January, 1974.] No. 4 Final Decree for Foreclosusre (Order XXXIV, Rule 3.) (Title) Upon reading the preliminary decree 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 had 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; 1[and (if the defendant be in possession of the said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession of the said mortgaged property]. 2. And it is hereby further declared that the whole of the liability whatsoever of the defendant up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished. 1.Words not required to be deleted. Schedule (Description of the Mortgaged Property).] HIGH COURT AMENDMENT Kerala.-In Appendix D, for Form No. 4 substitute the following Form, Namely:- "No. 4 DECREE FOR FORECLOSURE (Order XXXIV, Rule 2.) (Title) This suit coming on this... ... ...day, etc., it is hereby declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to this... ... ...day of... ...is the sum of Rs... ... for principal, the sum of Rs... ... ...for interest on the said principal, the sum of Rs... ... ...for costs, charges and expenses (other than the cost 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 cost of this suit award 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 day up to which time for payment may be extended by the Court of the said sum of Rs. .......... . (ii) that, no such payment and on payment thereafter before such date as the Court may fix, or such amount, with interest of any, 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 7 of Order XXXIV of the First Schedule to the Code of Civil Procedure, Act V of 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned and all such documents shall be delivered over to the defendant or to such person as he appoints and the plaintiff shall if so required, re-convey or re-transfer the said property free from the said mortgage and clear of all encumbrance created by the plaintiff or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage of 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 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 described in the schedule annexed hereto (and if the defendant be in possession of the said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession of the said mortgaged property and that the whole of the liability whatsoever of the defendant upto the date mentioned in (2) (i) arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished. Schedule (Description of the Mortgaged Property)." [Vide Kerala Gazette No. 3, Pt. III, G-347/S, dated 15th January, 1974.]. 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 decree that it be referred to 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 percent, 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 se received; (iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent, per annum); (iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed. 2. And it is hereby further Ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii), together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, 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 report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make. 4. And it is hereby further Order 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 shdll 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 may be payable under rule 11, of Order XXXFV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the defendant 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 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 Order and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further Orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same. 7. And it is hereby further Ordered and decreed that, if the money realised by such sale shall not be sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the defendant for the amount of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit. Schedule Description of the mortgaged property. HIGH COURT AMENDMENT Kerala.-In Appendix D, omit Form No. 5. [Vide Kerala Gazette No. 3, Pt III, G-347/S, dated 15th January, 1974.] 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 cost, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXTV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so required deliver up to the defendant quiet and peaceable possession of the said property. 3. And it is hereby further Ordered and decreed that, in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree for the sale of the mortgaged-property; and on such application being made, the mortgaged property or a sufficeint 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 of power relating to the mortgaged property. 4. And it is hereby further Ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction herefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further Orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXTV of the First Schedule to the Code of Civil Procedure 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same. 5. And it is hereby further Ordered and decreed that, if the money realised by such sale shall not be sufficient for payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the defendant for the amount of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit. Schedule Description of the mortgaged property HIGH COURT AMENDMENT Kerala.-In Appendix D, omit Form No. 5A. [Vide Kerala Gazette No. 3, Pt. III, G-347/S, dated 15th January, 1974.] 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 decreed and after hearing the parties and it appearing that the payment directed by the said decree and Orders has not been made by the defendant or any person on his behalf or any other person entitled to redeem the mortgage; It is hereby Ordered and decreed that the mortgaged property in the aforesaid preliminary decree mentioned or a sufficient part thereof be sold, and that for the purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property. 2. And it is hereby further Ordered and decreed that the money realised by such sale shall be paid into the Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under the aforesaid preliminary decree and under any further Orders that may have been passed in this suit and in payment of any amount which the Court may have adjudged due to the plaintiff for such costs of the suit including the costs of this application and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908 and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same. HIGH COURT AMENDMENT Kerala.-In Appendix D, for Form No. 6, substitute the following Form, namely:- "No. 6 DECREE FOR SALE (Order XXXIV, rule 3) (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, no such payment and on payment thereafter before such date as the Court may fix, of such amount, with interest, if any, 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 7 of Order XXXIV, of the First Schedule to the Code of Civil Procedure, (Act V of 1908), the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required reconvey or re-transfer the said property free from the said mortgage and clear of and all encumbrances 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 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 mortgaged property described in the schedule annexed hereto or a sufficient part thereof be sold, and that for the purpose 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 deducting therefrom the expenses of the sale)

No. 1 Notice to Show Cause Why a Payment or Adjustment should not be Recorded as Certified (O 21,R. 2) (Title) Whereas in execution of the decree in the above-named suit. ..... .has applied to this Court that the sum of Rs. ..... recoverable under the decree has been paid/adjusted and should be recorded as certified, this is to give you notice that you are to appear before this Court on the......... day of......... 19........ to show cause why the payment/adjustment aforesaid should not be recorded as certified. Given under my hand and the seal of the Court, this.......day of....... 19 ....... Judge No. 2 Precept (Section 46) (Title) Upon hearing the decree-holder it is Ordered that this precept be sent to the Court of..........at............ under section 46 of the Code of Civil Procedure, 1908, with directions to attach the property specified in the annexed Schedule and to hold the same pending any application which may be made by the deree-holder for executive of the decree. No. 3 Order Sending Decree for Execution to another Court (O. 21, R. 6) (Title) Whereas the decree-holder in the above suit has applied to this Court for a certificate to be sent to the Court of........ at....... for execution of the decree in the above suit by the said Court, alleging that the judgment-debtor resides or has property within the local limits, of the jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is Ordered: That a copy of this Order be sent to ........ with a copy of the decree and of any Order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the......... day of....... 19.... 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 19 ...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ......... day of....... 19 .... Judge 1. If partial, strike out "no" and state to what extent. No. 5 Certificate of Execution of Decree Transferred to Another Court (O. 21, R. 6) (Title) Table no. 5 Link Signature of Maharir incharge Signature of Judge No. 6 Application for Execution of Decree (0.21.R. 11) In the Court of I....... decree-holder, hereby apply for execution of the decree herein-below set forth: Table no. 6 link I....... declare that what is stated herein is true to the best of my knowledge and belief. Signed.................... decree-holder Dated the ......... day of....... 19 ..... [When attachment and sale of immovable property is sought.] Description and specification of property The undivided one-third share of the judgment-debtor in a house situated in the village of....... value Rs. 40, and bounded as follows :- East by G's house; west by H's house; south by public road; north by private lane and J's house. I....... declare that what is stated in the above description is true to the best of my knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified. Signed............... decree-holder HIGH COURT AMENDMENT Patna.-In Appendix E, in Form No. 6, in column 6, in heading, after the word "date" insert the words ", date of final Order passed on it". No. 7 Notice to Show Cause Why Execution should not Issue (O. 21, R. 16) (Title) To Whereas .............. has made application to this Court for execution of decree in Suit No........... of 19 ...... on the allegation that the said decree has transferred to him by assignment 1 [or without assignment], this is to give you notice that you are to appear before this Court ....... on the ......... day of....... 19 ...., to show cause why execution should not be granted. Given under my hand and the seal of the Court, this ......... day of....... 19 .... Judge. 1. Ins. by Act No. 104 of 1976, (w.e.f. 1-2-1977). 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.......19 ... .. in Suit No. ....... of 19 ........ to oav 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 costs of this attachment, to hold the same until further Orders from this Court. Decree Principal Interest Costs Cost of execution Further interest You are further commanded to return this warrant on or before the ......... day of....... 19...., with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed. Given under my hand and the seal of the Court, this......... day of....... 19 ...., Schedule Judge. HIGH COURT AMENDMENTS Allahabad.-In Appendix E, in Form No. 8, between the words "command you to attach" and the words "the movable property of the said", insert the words "on or before the day of Andhra Pradesh.-Same as in Allahabad. Kerala.-In Appendix E, in Form No. 8,- (i) for the word 'Bailiff, substitute the word "Amin. (ii) between the words "command you to attach" and the words "the movable property" insert the words "on or before the day of................" Madras.-Same as in Allahabad. .. 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 passed on the ......... day of....... 19 ..... in Suit No........ of 19...., to deliver to the plaintiff the movable property (or a....... share in the movable property) specified in the Schedule hereunto annexed, and whereas the said property (or share) has not been delivered. These are to command you to seize the said movable property (or a ....... share of the said movable property) and to deliver it to the plaintiff or to such person as he may appoint in this behalf. Given under my hand and the seal of the Court, this......... day of....... 19 ...., Schedule Judge. HIGH COURT AMENDMENT Kerala.-In Appendix E, in Form 9, for the word "Bailiff", substitute the word "Amin". (w.e.f. 9-6-1959} No. 10 Notice to State Objections to Draft of Document (O. 21.R.34) (Title) To Take notice that on the ......... day of....... 19 ............ 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....... 19 ...., 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, this ......... day of....... 19 ...., Judge. No. 11 Warrant to the Bailiff to Give Possession of Land, etc. (O. 21, R. 35) (Title) To The Bailiff of the Court. Whereas the under mentioned property in the occupancy of.............. has been decreed to ........ the plaintiff in this suit; You are hereby directed to put the said .............. in possession of the same, and you are hereby authorized to remove any person bound by the decree who may refuse to vacate the same. Given under my hand and the seal of the Court, this ......... day of....... 19..... Schedule Judge. HIGH COURT AMENDMENT Kerala.-In Appendix E, in Form No. 11, for the word "Bailiff", substitute the word "Amin". (w.e.f. 9-6-1959) 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 19 ...... by arrest and imprisonment of your person, you are hereby required to appear before this Court on the ......... day of....... 19 ...., to show cause why you should not be committed to the civil prison in execution of the said decree. Given under my hand and the seal of the Court, this ......... day of....... 19...., Judge. 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 the Court in suit No. ...... of 19 .. . ., dated the ......... day of ....... 19 ... ., to pay to the decree-holder the sum of Rs. . ..... as noted in the margin, and whereas the said sum of Rs. ..... has not been paid to the said decree-holder in satisfaction of the said decree, these are to command you to arrest the said judgment-debtor and unless the said judgment-debtor shall pay to you the said sum of Rs together with Rs.. for the cost of executing this process, to bring the said defendant before the Court with all convenient speed. Decree Principal Interest Costs Cost of execution Further interest You are further commanded to return this warrant on or before the . Day of 19 .., with an endorsement certifying the day on which and manner in which it has been executed, or the reason why it has not been executed. Given under any hand and the seal of the Court, this .. day of .. 19., HIGH COURT AMENDMENTS Kerala.-In Appendix E, in Form No. 13, for the word "Bailiff, substitute the word "Amin". (w.e.f. 9-6-1959). No. 14 Warrant of Commital of Judgment-Debtor to Jail (O.21, R.40) (Title) To The Officer in charge of the Jail at Whereas ....... who has been brought before this Court this ......... day of........ . 19...., under a warrant in execution of a decree which was made and pronounced by the said Court on the......... day of....... 19 ...., 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 commanded and required to take and receive the said....... into the civil prison and keep him imprisoned therein for a period not exceeding ....... or until the said decree shall be fully satisfied, or the said.......... shall be otherwise entitled to be released according to terms and provisions of Section 58 of the Code of Civil Procedure, 1908; and the Court does hereby fix 1 [* * * ]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 hand and the seal of the Court, this ..... day of......... 19...., Judge. 1. The word "annas" omitted by Act No. 104 of 1976, (w.e.f. 1-2-1917). HIGH COURT AMENDMENTS Andhra Pradesh.-Same as in Madras. Kerala.-Same as in Madras with the following changes:- (i) for the word "Bailiff", substitute the word "Arnin". (ii) for the words "Central Nazir", substitute the word "Nazir". (w.e.f. 9-6-1959) Madras.-In Appendix E, after Form 14, insert the following Form, namely:- "No. 14A Order OF ENTRUSTMENT OF JUDGMENT-DEBTOR TO THE CUSTODY OF AN OFFICER OF COURT [Order XXI, rule 40, sub rule (2) and the proviso to sub-rule (3)] IN THE COURT OF THE ........................ OF .......... To The Bailiff of the Court. WHEREAS........................ who has been brought before this Court, .... ...... this ........... day of .........19..../20...., under warrant in execution of a decree which was made and pronounced by said Court on the .................... day of...... 19..../20..../ and by which decree, it was Ordered that the said judgment-debtor should pay Rs........... And whereas the judgment-debtor has been Ordered to be kept in the custody of an officer of the Court pending the enquiry under Order XXI, rule 40, sub-rule (2). And whereas the said judgment-debtor has to be given an opportunity of satisfying the decree and for this end this Court is of opinion that the said judgment-debtor may be left in the custody of an officer of Court. You are hereby, commanded and required to take and receive the said judgment-debtor into your custody and keep him in that custody for period of............... days or until further Orders of this Court. You are hereby further informed that he is not to be allowed to go anywhere except in your company. You are further required to produce the said judgment-debtor before this Court at the expiration of the period specified, if the decree be no sooner satisfied. GIVEN under my hand and the seal of the Court this........... day of ........19 ,.../20.... . (By Order) Central Nazir" 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 hereby directed to set free....... judgment-debtor now in your custody, Dated............. Judge. HIGH COURT AMENDMENTS Andhra Pradesh.-Same as in Madras. Calcutta,-In Appendix E, after Form No. 15, insert the following Form, namely:- "No. 15A BOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND LEFT IN CHARGE OF ANY PERSONS AND SURETIES [Order XXIA, rules 3 (a) and 5] IN THE COURT OF............................. AT.................... Civil Suit No.............................. of ................... A.B. of......;.............................................................................................................. Against C.D. of..................................................................................................................... Known all men by these persons that we, I, J. of, etc. and K.L. of.................... etc. and M.N. of......................etc., are jointly and severally bound to the Judge of the Court of ................. in Rupees................. to be paid to the said Judge, for which payment to be made we bind ourselves and each of us in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents. Dated this ......................... day of .................. 19..../20.... . And whereas the movable property/livestock specified in the Schedule hereunto annexed has been attached under a warrant from the said Court dated the ............... day of........ 19 ..../20...., in execution of a decree in favour of ................in Suit No .............. of............19 ..../20...., on the file of .......................... and the said property has been left in the charge of the I.J. Now the condition of this obligation is that if the above bounded I.J. (shall duly account for any loss which the owner of the property) livestock may suffer due to wilful negligence of the bounded and produce when required before the said Court all and every the property/ livestock aforesaid (and shall properly maintain and take due care of the livestock aforesaid) and shall obey any further Order of the Court in respect then this obligation shall be void; otherwise it shall remain in full force and be enforceable against the above bounded I.J. in the execution proceedings. I.J. K.L. M.N. Signed and delivered by the above bounden in the presence of... ... ... " (w.e.f. 3-11-1933 and 29-5-1941) Gauhati.-Same as in Calcutta. Himachal Pradesh.-Same as in Punjab and Haryana. (w.e.f. 7-8-1959). Karnataka.-Same as in Madras. Kerala.-Same as in Madras, (w.e.f. 9-6-1959) Madras.-In Appendix E, in Form 15,- (i) for the word "Dated" substitute the words "Given under my hand and the seal of the Court, this day of............": (ii) after Form No. 15, insert the following Form, namely:- "No. 15A BOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND LEFT IN CHARGE OF PERSON INTERESTED AND SURETIES (Order XXI, rule 43) IN THE COURT OF............................. AT.................... Civil Suit No.............................. of ........ 19..../20.... '' A.B. of.................................................................................................................... Against CD. of..................................................................................................................... Know all men by these persons that we I.J. of, etc, and K.L. of, etc. and M.N. of, etc., are jointly and severally bound to the Judge of the Court of in rupees to be paid to the said Judge, for which payment to be made we bind ourselves and each of us, in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents. Dated this ............ day of................ 19..../20.... And whereas the movable property specified in Schedule hereunto annexed has been attached under a warrant from the said Court, dated the.......... day of ........... 19..../20...., is execution of a decree in favour of......... in Suit No ...... of....... 19..../20..., on the file of ........... and the said property has been left in the charge of the said I.J. Now the condition of this obligation is that, if the above bounded I.J. shall duly account for and produce when required before the said Court all and every property aforesaid and shall obey any further Order of the Court in respect thereof, then this obligation shall be void, otherwise it shall remain in full force. I.J. K.L. M.N. Signed and delivered by the above bounden in the presence of ................" [Vide Dis. No. 116 of 1913.] Punjab and Haryana.-In Appendix E, after Form No. 15, insert the following Forms, namely:- "No. 15A BOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND LEFT IN CHARGE OF PERSON INTERESTED AND SURETIES (Order XXI, rule 43) IN THE COURT OF........................... AT.................... Civil Suit No.............................. of ........ 19..../20.... A.B. of ..................................................................................................................... Against CD. of ............................................................................................................. Know all men by these presents that we, I.J. of............ etc., ..... .... and K.L. of.............. etc., and M..N........... etc., are........... jointly and severally bound to the Judge of the Court of ......... in Rupees .......... to be paid to the said Judge, for which payment to be made, we bind ourselves and each of us; in the whole, our and each of our heirs, executors and administrators, jointly and severally by these present. Dated this .................. day of .........19..../20.... . And whereas the movable property specified in the Schedule hereunto annexed has been attached under a warrant from the said Court, dated the ........... day of ........... 19..../20...., in the of a decree in favour of ............. in Suit No .......... of ......19..../20...., on the file of... ... and the said property has been left in the charge of the said I.J. Now, the condition of this obligation is that, if the above bounden I.J. shall duly accounts for and produce when required before the said Court all and every property aforesaid and shall obey and further Order of the Court in respect thereof, then this obligation shall be void; otherwise it shall remain in hill force. I.J. K. L. M.N. Signed and delivered by the above bounden in the presence of............... ": No. 15B BOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND LEFT IN CHARGE OF ANY PERSON AND SURETIES [Order XXI, rule 43(1)(c}] IN THE COURT OF............................. AT.................... Civil Suit No.......................... of ........ 19.../20.... A.B. of..................................................................................................................... Against CD. of ....................................................................................... Know all men by these presents that, we I.J, of .... .... etc., and K.L. of .......... etc., and M.N. of ........... etc., are jointly and severally bound to the judge of the Court of ......... in Rupees ................. to be paid to the said judge for which payment to be made, we bind ourselves and each of us, in the whole our and each of our heirs, executors and administrators, jointly and severally, by these presents. Dated this........... day of .......19..../20.... And whereas the movable property specified in the Schedule hereunto annexed has been attached under a warrant from the said Court, dated the ............. day of............l9..../20...., in execution of a decree in favour of ........... in Suit No .............. of ..... 19..../20...., on the file of......... and the said property has been left in the charge of the said I.J. Now the condition of this obligation is that, if the above bounden I.J, shall duly account for and produce when required before the said Court all and every property aforesaid and shall obey any further Order of the Court in respect thereof, then this obligation shall be void; otherwise it shall remain in full force and be enforceable against the above bounden I.J. in accordance with the procedure laid down in section 145, Civil Procedure Code, as if the aforesaid I.J. were a surety for the restoration of property taken in execution of a decree. I..J. K.L. M.N. Signed and delivered by the above bounden in the presence of......" Rajasthan.-Same as in Punjab. [Vide No. 8/S. R. C. Jodhpur, dated 23rd December, 1964.] 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 Right of some other Person to the Immediate Possession thereof (O.21, R. 46) (Title) To Whereas .............. has failed to satisfy a decree passed against....... on the......... day of....... 19 ..... in Suit No............ of 19 ...... in favour of....... for Rs...........; It is Ordered that the defendant be, and is hereby, prohibited and restrained until the further Order of this Court, from receiving from ....... the following property in the possession of the said, ....... that is to say,....... to which the defendant is entitled, subject to any claim of the said........ and the said ....... is hereby prohibited and 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 the Court, this ......... day of....... 19 ...., Judge. 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 *3.1 am married/single/widower (widow)/divorced 4. The following persons are dependant upon me:- 5. My employment, trade or profession is that of carried on by me at I am a director of the following companies:- 6. My present annual/monthly/weekly income, after paying income-tax, is as follows:- (a) From my employment, trade or profession Rs............. (b) From other sources Rs............ *7. (a) I own the house in which I live; its value is Rs. I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs. (b) I pay as rent the annual sum of Rs........ 8.I possess the following:- (a) Banking accounts; (b) Stocks and shares; (c) Life and endowment (d) House property; (e) Other property; (f) Other securities; Give particulars. 9. The following debts are due to me:- (give particulars) (a) Form ....... of ........................... Rs. (b) From .......of ........................... Rs....... .(etc.) Sworn before me, etc.] 1. Ins. by Act 104 of 1976 (w.e.f. 1.2.1977). Strike off the words which are not applicable. 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......... 19..., in Suit No. ......... of 19........ in favour of 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 19 ... 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 ... had failed to satisfy a decree passed against... on the ... day of... 19 ..., in Suit No. ......... of 19 ...... 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 the Court, from making any transfer of.... shares in the aforesaid corporation, namely,.... or from receiving payment of any dividends thereon; and you,.. . , the Secretary of the said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment. Given under my hand and the seal of the Court, this ..... day of ........ 19..... 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 officer of judgment-debtor) receiving his salary (or allowances) at your hands; and whereas .......... decree-holder in the said case, has applied in this Court for the attachment of the salary (or allowances) of the said ........ to the extent of ........ due to him under the decree; You are hereby required to 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..... 19... Judge. 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......... 19 ..., for the attachment of ...; You are hereby directed to seize the said......... and bring the same into Court. Given under my hand and the seal of the Court, this ......... day of......... 19... Judge. HIGH COURT AMENDMENT Kerala.-In Appendix E, in Form No. 20, for the word "Bailiff", substitute the word "Amin". (w.e.f. 9-6-1959) No. 21 Prohibitory Order, where the Property Consists of Money or of any Security in the Custody of a Court of Justice or 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 your hands (here state how the money is supposed to be in the hands of the person addressed, on what account, etc.), I request thai 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. Judge. Dated the ......... day of......... 19... No. 22 Notice of Attachment of a Decree to the Court which Passed it (O. 21, R. 52.) (Title) To The Judge of the Court of ] Sir, I have the honour to inform you that the decree obtained in your Court on the ........day of......... 19... by ......... in Suit No. ......... of 19..., in which he was .. ...... and ......... was . .. has been attached by this Court on the application of........, the ......... in the suit specified above. You are therefore requested to stay the execution of the decree of your Court until you receive an intimation from this Court that the present notice has been cancelled or until execution of the said decree is applied for by the holder o the decree now sought to be executed or by his judgment-debtor. I have the honour, etc. Judge Dated the ......... day of... 19... 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........ 19..., in the Court of......... in Suit No. ... .... of 19 .... 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......... 19... Judge. No. 24 Attachment in Execution Prohibitory Order, Where the Property Consists of Immovable Property (O. 21, R. 54) (Title) To ......................................... Defendant Whereas you have failed to satisfy a decree passed against you on the ......... day of. ........ 19....., in Suit No....... of 19..., in favour of..........for Rs.,.....; It is Ordered that you, the said.......... be, and you are hereby, prohibited and restrained, until the further Order of the Court, from transferring or charging the property specified in the Schedule hereunto annexed, by sale, gift or otherwise, and that all person be, and that they are hereby, prohibited from receiving the same by purchase, gift or otherwise. 1 [fit is also Ordered that you should attend Court on the ......... day of......... 19.. to take notice of the date fixed for setting the terms of the proclamation of sale.] Given under my hand and the seal of the Court, this......... day of....... 19...... Schedule Judge. 1. Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977). No. 25 Order for Payment to the Plaintiff, etc., of Money, etc., in the Hands 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......... 19 ..., passed on the ......... day of......... 19...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 my hand and the seal of the Court, this .... day of.... 19 ... 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 No.......... of......... 19..., this is to give you notice to appear before this Court on .......... the .........day of......... 19.... either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor. Given under my hand and the seal of the Court, this ......... day of......... 19... 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 auction, after giving......... days' previous notice, by affixing the same in this Court-house, and after making due proclamation, the ........ .. property attached under a warrant from this Court, dated the ........ day of. . . 1