The Code of Civil Procedure, 1908 (Part-IV)

ORDER XXXII

SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

1.Minor to sue by next friend.- Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.

2.Where suit is instituted without next fried, plaint to be take off the file.- (1) Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented.

(2) Notice of such application shall be given to such person, and the Court, after hearing his objections (if any), may make such order in the matter as it thinks fir.

3.Guardian for the suit to be appointed by Court for minor defendant.- (1) Where the defendant is a minor, the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor.

(2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff.

(3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed.

(4) No order shall be made on any application under this rule except upon notice to the minor and to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, upon notice to the father or other natural guardian of the minor, or, where there is no father or other natural guardian, to the person in whose care the minor is, and after hearing any objection which may be urged on behalf of any person served with notice under this sub-rule.

{Ins.by Act 16 of 1937, s.2.} [ (5) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his appointment is terminated by retirement, removal or death, continue as such throughout all proceedings arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in the execution of a decree.]

4.Who may act as next friend or be appointed guardian for the suit.- (1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit :

Provided that the interest of such person is not adverse to that of the minor and that he is not, in the case of a next fried, a defendant, or, in the case of a guardian for the suit, a plaintiff.

(2) Where a minor has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the Court considers, for reasons to be recorded, that it is for the minor's welfare that another person to act or be appointed, as the case may be.

(3) No person shall without his consent be appointed guardian for the suit.

(4) Where there is no other person fir and willing to act as guardian for the suit the Court may appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer in the performance of his duties as such guardian shall be borne either by the parties or by any one or more of the parties to the suit, or out of any fund in Court in which the minor is interested, and may give directions for the repayment or allowance of such costs as justice and the circumstances of the case may require.

5.Representation of minor by next friend or guardian for the suit,- (1) Every application to the Court on behalf of a minor, other than an application under rule 10, sub-rule (2), shall be made by his next friend or by his guardian for the suit.

(2) Every order made in a suit or on any application, before the Court in or by which a minor is in any way concerned or affected, without such minor being represented by a next friend or guardian for the suit, as the case may be, may be discharged, and, where the pleader of the party at whose instance such order was obtained knew, or might reasonably have known, the fact of such minority, with costs to be paid by such pleader.

6.Receipt by next friend or guardian for the suit of property under decree for minor.- (1) A next friend or guardian for the suit shall not, without the leave of the Court, receive any money or other immovable property on behalf of a minor either-

(a) by way of compromise before decree or order, or

(b) under a decree or order in favour of the minor.

(2) Whether the next friend or guardian for the suit has not been appointed or declared by competent authority to be guardian of the property of the minor, or having been so appointed or declared, is under any disability known to the Court to receive the money or other movable property, the Court shall, if it grants him leave to receive the property, require such security and give such directions as will, in its opinion, sufficiently protect the property from waste and ensure its proper application.

7.Agreement or compromise by next friend or guardian for the suit.- (1) No next friend or guardian for the suit shall, without the leave of the Court, expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the suit in which he acts as next friend or guardian.

(2) Any such agreement or compromise entered in to without the leave of the Court so recorded shall be voidable against all parties other the minor.

8.Retirement of next friend.- (1) Unless otherwise ordered by the Court, a next friend shall not retire without first procuring a fit person to be put in his place and giving security for the costs already incurred.

(2) The application for the appointment of a new next friend shall be supported by an affidavit showing the fitness of the person proposed and also that he has no interest adverse to that of the minor.

9.Removal of next friend.- (1) Where the interest of the next friend of a minor is adverse to that of the minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely that the minor's interest will be properly protected by him, or where he does not do hid duty, or, duty or, during the pendency of the suit, cases to reside within {Subs.by Act 2 of 1951, s.3, for " the States".} [ India ], or for any other sufficient cause, application may be made on behalf of the minor or by a defendant for his removal ; and the Court, if satisfied of the sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other order as to costs as it thinks fit.

(2) Where the next friend is not a guardian appointed or declared by an authority competent in this behalf, and an application is made by a guardian so appointed or declared, who desires to be himself appointed in the place of the next friend, the court shall remove the next friend unless it considers, for reasons to be recorded by it, that the guardian ought not to be appointed to be next friend of the minor, and shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs already incurred in the suit as it thinks fit.

10.Stay of proceedings on removal etc., of next friend.- (1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place.

(2) Where the pleader of such minor omits, within a reasonable time, to take steps to get a new next friend appointed, any person interested in the minor or in the matter in issue may apply to the Court for the appointment of one, and the Court may appoint such person as it thinks fir.

11.Retirement, removal or death of guardian for the suit.- (1) Whether the guardian for the suit desires to retire or does not do his duty, or where other sufficient ground is made to appear, the Court may permit such guardian to retire or may remove him, and may make such order as to costs as it thinks fit.

(2) Where the guardian for the suit retires, dies or is removed by the court during the pendency of the suit, the Court shall appoint a new guardian in his place.

12.Course to be followed by minor plaintiff or applicant on attaining majority.- (1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application.

(2) Where he elects to proceed with the suit or application, he shall apply for an order discharging the next friend and for leave to proceed in his own name.

(3) The title of the suit or application shall in such case be corrected so as to read henceforth thus :-

" A.B., late a minor, by C.D., his next friend, but now having attained majority."

(4) Where he elects to abandon the suit or application, he shall if a sole plaintiff or sole applicant, apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant or opposite party or which may have been paid by his next friend.

(5) Any application under this rule may be made ex parte : but no order discharging a next friend and permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend.

13.Where minor co-plaintiff attaining majority desires to repudiate suit.- (1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit on such terms as to costs or otherwise as it thinks fit.

(2) Notice of the application shall be served on the next friend, on any co-plaintiff and on the defendant.

(3) The costs of all parties of such application, and of all or any proceedings therefore had in the suit, shall be paid by such persons as the Court directs.

(4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a defendant.

14.Unreasonable or improper suit.- (1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.

(2) Notice of the application shall be served on all the parties concerned; and the Court, upon being satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit, or make such other order as it thinks fit.

15.Application of rules to persons of unsound mind.- The provisions contained in rules 1 to 14, so far as they are applicable, shall extend to persons adjusted to be of unsound mind and to persons who though not so adjudged are found by the court on inquiry, by reason of unsoundness of mind or mental infirmity, to be incapable of protecting their interests when suing or being sued.

16.Saving for Princes and Chief.- Nothing in this Order shall apply to a Sovereign Prince or Ruling Chief suing or being sued in the name of his State, or being sued by direction of {Subs.by the A.O.1937 for " the G.G.in C.or a L.G."} [ the Central Government {The words " or the Crown Representative " rep.by the A.O.1948.} or a State Government] in the name of an agent or in any other name, or shall be construed to affect or in any way derogate from the provisions of any local law for the time being in force relating to suits by or against minors or by or against lunatics or other persons of unsound mind.

ORDER XXXIII

SUITS BY PAUPERS

1.Suits may be instituted in forma pauperis.- Subject to the following provisions, any suit may be instituted by a pauper.

Explanation.- A person is a "Pauper" when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or where no such fee is prescribed, when he is not entitled to property worth one hundred rupees other than his necessary wearing-apparel and the subject-matter if the suit.

2.Contents of application.- Every application for permission to sue as a pauper shall contain the particulars required in regard to plaints in suits : a schedule of any movable or immovable property belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings.

3.Presentation of application.- Notwithstanding anything contained in these rules, the application shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorized agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person.

4.Examination of applicant.- (1) Where the application is in proper form and duly presented, the Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by agent, regarding the merits of the claim and the property of the applicant.

If presented by agent, Court may order applicant to be examined by commission.- (2) Where the application is presented by an agent, the Court may, if it thinks fit, order that the applicant be examined by a commission in the manner in which the examination of an absent witness may be taken.

5.Rejection of application.- The Court shall reject an application for permission to sue as a pauper-

(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or

(b) Where the applicant is not a pauper, or

(c) Where he has, within two months next before the presentation of the application, disposed of any property fradulently or in order to be able to apply for permission to sue as a pauper, or

(d) Where his allegations do not show a cause of action, or

(e) Where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter.

6.Notice of day for receiving evidence of applicants pauperism.- Where the Court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day ( of which at least ten day's clear notice shall be given to the opposite party ad the Government pleader) for receiving such evidence as the applicant may adduce in proof of his pauperism, and for hearing any evidence which may be adduced in disproof thereof.

ORDER XLII

APPEALS FROM APPELLATE DECREES



1.Procedure.- The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.

ORDER XLIII

APPEALS FROM ORDERS

1.Appeals from orders.- An appeal shall lie from the following orders under the provisions of section 104,namely::

(a)an order under rule 10 of Order VII returning a plaint to be presented to the proper Court:

(b)an order under rule 10 of Order VIII pronouncing judgment against a party;

(c) an order under rule 9 of Order IX rejecting an application (in a case open to appeal ) for an order to set aside the dismissal of a suit;

(d)an order under rule 13 of Order IX rejecting an application (in a case open to appeal)for an order to set aside a decree passed ex parte;

(e)an order under rule 4 of Order X pronouncing judgment against a party;

(f)an order under rule 21 of Order XI;

(g)an order under rule 10 of Order XVI for the attachment of property;

(h)an order under rule 20 of Order XVI pronouncing judgment against a party;

(i)an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement;

(j)an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;

(k)an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;

(L)an order under rule 10 or Order XXII giving or refusing to give leave;

(m)an order under rule 3 of Order XXIII recording or refusing to record an agreement, compromise or satisfaction;

(n)an order under rule 2 of Order XXV rejecting an application(in a case open to appeal)for an order to set aside the dismissal of a suit;

(o)an order.{Subs.by Act 16 of 1930,s.2.for "under rule 3 or rule 8"} [under rule 2,rule 4 or rule 7]of Order XXXIV refusing to extend the time for the payment of mortgage money;

(p)orders ininterpleader-suits under rule 3,rule 4 or rule 6 of Order XXXV;

(q)an order under rule 2,rule 3 or rule 6 of Order XXXVIII;

(r)an order under rule 1,rule 2,rule 4 or rule 10 of Order XXXIX;

(s)an order under rule 1 or rule 4 of Order XL

(t)an order of refusal under rule 19 of Order XLI to re-admit or under rule 21 or Order XLI to re-hear, an appeal;

(u)an order under rule 23 or Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court;

(v)an order made by any Court other than a High Court refusing the grant of a certificate under rule 6 of Order XLV;

(w)an order under rule 4 of Order XLVII granting an application for review.

2.Procedure.- The rules of Order XLI shall apply, so far as may be to appeals from orders.

ORDER XLIV

PAUPER APPEALS

1.Who may appeal as pauper.- Any person entitled to prefer an appeal, who is unable to pay who may the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal and may be allowed to appeal as a pauper, subject, in all matters, including the presentation of such application, to the provisions relating to suits by paupers, in so far as those provisions are applicable;

Procedure on application for admission of appeal.-Provided that the Court shall reject the application unless, upon a perusal thereof and of the judgment and decree appealed from, it sees reason to think that the decree is contrary to law or to some usage having the force of law, or is otherwise erroneous or unjust.

2.Inquiry into pauperism.-The inquiry into the pauperism of the applicant may be made either by the Appellate Court or under the orders of the Appellate Court by the Court from whose decision the appeal is preferred:

Provided that, if the applicant was allowed to sue or appeal as a pauper in the Court from whose decree the appeal is preferred ,no further inquiry in respect of his pauperism shall be necessary, unless the Appellate Court sees cause to direct such inquiry.

ORDER XLV

APPEALS TO THE {Subs.by the A.O.1950 for "King in Council"}[SUPREME COURT]

1.Decreedefined.- In this Order, unless there is something repugnant in the subject or context, the expression "decree" shall include a final order.

2.Application to Court whose decree complained of.- Whoever desires to appeal to {Subs.by the A.O.1950 for "His Majesty in Council "} [the Supreme Court]shall apply by petition to the Court whose decree is complained of.

3.Certificate as to value or fitness.- (1)Every petition shall state the grounds of appeal and pray for a certificate either that, as regards amount or value and nature the case fulfils the requirements of section 110,or that it is otherwise a fit one for appeal to {Subs.by the A.O.1950 for "His Majesty in Council "} [the Supreme Court]

(2)Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted.

4.Consolidation of suits.- For the purposes of pecuniary valuation, suits involving substantially the same questions for determination and decided by the same judgment may be consolidate; but suits decided by separate judgments shall not be consolidated, notwithstanding that they involve substantially the same questions for determination.

5.Remission of dispute to Court of first instance.- In the event of any dispute arising between the parties as to the amount or value of the subject-matter of the suit in the Court of first instance, or as to the amount or value of the subject matter in dispute on appeal.{ Subs.by the A.O.1950 for "His Majesty in Council"} [the Supreme Court],the Court to which a petition for a certificate is made under rule 2 may, if it thinks fit, refer such dispute for report to the Court of first instance, which last-mentioned Court shall proceed to determine such amount or value and shall return its report together with the evidence to the Court by which the reference was made.

6.Effect of refusal of certificate.- Where such certificate is refused, the petition shall be dismissed

7.Security and deposit required on grant of certificate.- (1)Where the certificate is granted, the applicant shall, within {Subs.by the Act 26 of 1920,s.3 for "six months"} [ninety days or such further period, not exceeding sixty days, as the Court may upon cause shown allow]from the date of the decree complained of, or within six weeks from the date of the grant of the certificate, whichever is the later date,-

(a)furnish security.{Ins.by s.3 ibid.} [in cash or in Government securities]for the exists of the respondent, and

(b)deposit the amount required to defray the expense of translating, transcribing, indexing {Ins.by the A.O.1950}
[ ,printing]and transmitting to [the Supreme Court]a correct copy of the whole record of the suit, except-

(1)formal documents directed to be excluded by any 414[Rule of the Supreme Court] in force for the time being;

(2)papers which the parties agree to exclude;

(3)accounts, or portions of accounts, which the officer empowered by the Court for that purpose considers unnecessary, and which the parties have not specifically asked to be included; and

(4)such other documents as the High Court may direct to be excluded:

.{Subs.by the A.O.1950 for "Order of His Majesty in Council"} [Provided that Court at the time of granting the certificate may, after hearing any opposite party who appears, order on the ground of special hardship that some other form of security may be furnished:

Provided further, that no adjournment shall be granted to an opposite party to contest the nature of such security.]

{Ins by Act 26 of 1920, s.4.}

8.Admission of appeal and procedure thereon.- Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall --

(a) declare the appeal admitted,

(b) give notice thereof to the respondent,

(c) transmit to [ the Supreme Court ] under the seal of the Court a correct copy of the said record, except as aforesaid and

(d) give to either party one or more authenticated copies of any of the papers in the suit on his applying therefore and paying the reasonable expenses incurred in preparing them.

9.Revocation of acceptance of security.- At any time before the admission of the appeal the Court may , upon cause shown , revoke the acceptance of any such security and make further directions thereon.

{Ins by Act 26 of 1920, s.4.} [9A.Power to dispense with notices in case of deceased parties.- Nothing in these rules requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice to deserved on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite parte or respondent did not appear either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court:

Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same in some conspicuous place in the court-house of the district in which the suit was originally brought, and by publication in such newspapers as the Court may direct.]

10.Power to order further security or payment.- Where at any time after the admission of an appeal but before the transmission of the copy of the record, except as aforesaid, to [the Supreme Court], such security appears inadequate,

or further payment is required for the purpose of translating, transcribing, printing indexing or transmitting the copy of the record, except as aforesaid,

the court may order the appellant to furnish, within a time to be fixed by the Court, other and sufficient security, or to make, within like time, the required payment.

11.Effect of failure to comply with order.- Where the appellant fails to comply with such order, the proceedings shall be stayed,

and the appeal shall not proceed without an order in this behalf of {Subs.by the AO 1950 for "His Majesty in Council".} [the Supreme Court],

and in the meantime execution of the decree appealed from shall not be stayed.

12.Refund of Court pending appeal.- When the copy of the record, except as aforesaid, has been transmitted to {Subs.by the AO 1950 for "His Majesty in Council".} [the Supreme Court], the appellant may obtain a refund of the balance (if any) of the amount which he has deposited under rule 7.

13.Powers of Court pending appeal.- (1) Notwithstanding the grant of a certificate from the admission of any appeal, the decree from shall be unconditionally executed, unless the Court otherwise directs.

(2) The Court may, if it things fit, on special cause shown by any party interested in the suit, or otherwise appearing to the Court,---

(a) impound any movable property in dispute or any part thereof, or

(b) allow the decree appealed from to be executed.taking such security from the respondent as the Court thinks fit for the due performance of any order which {Subs.by the AO 1950 for "His Majesty in Council".} [the Supreme Court] may make on the appeal, or

(c) stay the execution of the decree appealed from, taking such security from the appellant as the Court thinks fit for the due performance of the decree appealed from, or of {Subs.by the AO 1950 for "any order".} [any decree or order] which [the Supreme Court] may make on the appeal, or

(d) place any party seeking the assistance of the Court under such conditions or give such other direction respecting the subject-matter of the appeal, as it thinks fit by the appointment of a receiver or otherwise.

14.Increase of security found inadequate.- (1) Where at any time during the pendency of the appeal the security furnished by either party appears inadequate, the Court may on the application of the other party, require further security.

(2) (n default of such further security being furnished as required by the Court,

(a) if the original security was furnished by the appellant, the Court may, on the application 9f the respondent, execute the decree appealed from as if the appellant had furnished no such security;

(b) if the original security was furnished by the respondent, the Curt shall, so as as may be practicable, stay the further execution of the decree and restore the parties to the position in which they respectively were when the security which appears inadequate was furnished, or give such direction respecting the subject-matter of the appeal as it thinks fit.

15.Procedure to force order of the Supreme Court.- (1) Whoever desires to obtain execution of {Subs.by the A.O.1950 for "any order".} [any decree or order] of {Subs.ibid., for "His Majesty in council".} [the Supreme Court] shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to {Subs.ibid., for "His Majesty".} [the Supreme Court] was preferred.

(2) Such Court shall transmit the {Subs.ibid., for "order".} [decree or order] of {Subs.ibid., for "His Majesty in council".} [the Supreme Court]to the Court which passed the first decree appealed from, or to such other Court as {Subs.ibid., for "His Majesty in council".} [the Supreme court] by such {Subs.ibid., for "order".} [decree or order] may direct, and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said {Subs.ibid., for "order".} [decree or order] is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees.

{Sub-rule (3) rep., ibid}

{Ins.by Act 26 of 1920, s.5.} [(4) {Subs.by theA.O.1950 for "Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in council".} [Unless the Supreme Court otherwise directs, no decided or order of that Court] shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place.]

16.Appeal from order relating to execution.- The orders made by the Court which executes the {Subs.by the A.O.1950 for "order".} [decree or order] of {Subs.ibid., for "His Majesty in Council".} [the Supreme Court] relating to such execution, shall be appealable in the same manner and subject to the same rules as the orders of such Court relating to the execution of its own decrees.

17.[Appeals to Federal Court.] Rep.by the Federal Court Act, 1941 (21 of 1941), s.2.

ORDER XLVI

REFERENCE

1.Reference of question to High Court.- where, before or on the hearing of a suit or an appealing which the decree is not subject to appeal, or where, in the execution of any such decree, any question of law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the decrees, entertains reasonable doubt, the Court may, either or its own motion or on the application of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer such statement with its own opinion on the point for the decision of High Court.

2.Court may pass decree contingent upon decision of High Court.- The Court may either stay the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an order contingent upon the decision of the High Court on the point referred;

but no decree or order shall be executed in any case in which such reference is made until the receipt of a copy of the judgment of the High Court upon the reference.
`
3.Judgement of High Court to be transmitted, and case disposed of accordingly.- The High Court after hearing the parties if they appear and desire to be heard, shall decide the point so referred, and shall transmit a copy of its judgment, under the signature of the Register, to the Court by which the reference was made; and such Court shall, on the receipt thereof, proceed to dispose of the case in conformity with the decision of the High Court.

4.Costs of reference to High Court.- The costs (it any) consequent on a reference for the decision of the High Court shall be costs in the case.

{Ins.by Act 24 of 1951, s.2.} [4.A.Reference to High Court under proviso to section 113.- The provisions of rules 2,3, and 4 shall apply to any reference by the Court under the proviso to section 113 as they apply to a reference under rule1]

5.Power to alter, etc., decree of Court making reference.- Where a case is referred to the High Court under rule 1 [or under the proviso to section 13], the High court may return the case for amendment, and may alter, cancel or set aside any decree or order which the Court making the reference has passed or made in the case out of which the reference arose, and make such order as it thinks fit.

6.Power to refer to High Court questions as to jurisdiction in small causes.- (1) Where at any time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by a Court of Small Causes or is not so cognizable, it may submit the record to the High Court with a statement of its reasons for the doubt as to the nature of the suit.

(2) On receiving the record and statement, the High Court may order the court either to proceed with the suit or to return the plaint for presentation to such other Court as it may in its order declare to be competent to take cognizance of the suit.

7.Power to District Court to submit for revision proceedings had under mistake as to jurisdiction in small causes.- (1) Where it appears to a District Court that a Court subordinate thereto has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so cogizable, failed to exercise a jurisdiction cested in it by law or exercised a jurisdiction not so vested, the District Court may, and if required by a arty shall, submit the record to the High Court with a statement of its reasons for considering the opinion of the subordinate Court with respect to the nature of the suit to be erroneous.

(2) On receiving the record and statement the High Court may make such order in the case as it thinks fit.

(3) With respect to any proceedings subsequent to decree in any case submitted to the High Court under this rule, the High Court may make such order as in the circumstances appears to it to be just and proper.

(4) A Court subordinate to a District Court shall comply with any requistion which the District Court may make for any record or information for the purposes of this rule.

ORDER XLVII

REVIEW

1.Application for review of judgment.- (1) Any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,

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

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

and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or couldn't be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.

(2) A party who is not appealing from a decree or order may apply of a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review.

2.To whom applications for review may be made.- An application for review of a decree or order of a Court, not being a High Court, upon some ground other than the discovery of such new and important matter or evidence as is referred to in rule 1 or the existence of a clerical or arithmetical mistake or error apparent on the face of the decree shall made only to the Judge who passed the decree or made the order sought to be reviewed; but any such application may, if the Judge who passed the decree or made the order has ordered notice to issue under rule 4, sub-rule (2) proviso (a), be disposed of by his successor.

3.Form of applications for review.- The provisions as to the form of preferring appeals shall apply, mutias mutandis, to applications for review.

4.Application where rejected.- (1) Where it appears to the Court that there is not sufficient ground for a review, it shall reject the application.

(2) Where the Court is of opinion that the application for review should be granted, it shall grant the same:

Provided that---

(a) no such application shall be granted without previous notice to the opposite party, to enable him to appear and be heard in support of the decree or order, a review of which is applied for; and

(b) no such application shall be granted on the ground of discovery of new matter or evidence which the applicant alleges was not within his knowledge or could not be adduced by him when the decree or order was passed or made, without strict proof of such allegation,.

5.Application for review in Court consisting of two or more Judges.- Where the judge or judges, or any one of the Judges, who passed the decree or made the order, a review of which is applied for, continues or continue attached to the Court at the time when the application for a review is presented, and is not or are not precluded by absence or other cause for period of six months next after the application from considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.

6.Application where rejected.- (1) Where the application for a review is heard by more than one Judge and the Court is equally divided, the application shall be rejected.

(2) Where there is a majority, the decision shall be according to the opinion of the majority.

7.Order of rejection not appealable.Objections to order granting application.- (1) An order of the Court rejecting the application shall not be appealable; but an order granting an application may be objected to on the ground that the application was---

(a) in contravention of the provisions of rule 2,

(b) in contravention of the Provisions of rule 4, or

(c) after the expiration of the period of limitation prescribed therefor and without sufficient cause.

Such objection may be taken at once by an appeal fromthe order granting the application or in any appeal from the final decree or order passed or made in the suit.

(2) Where the application has been rejected in consequence of the failure of the applicant to appear, he may apply for an order to have the rejected application restored to the file, and, where it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from appearing when such application was called on for hearing, the Court shall order it to be restored to the file upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same.

(3) No order shall be made under sub-rule (2) unless notice of the application has been served on the opposite party.

8.Registry of application granted, and order for re-hearing.- When an application for review is granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make such order in regard to the re-hearing as it thinks fit..

9.Bar of certain applications.- No application to review an order made on an application for review or a decree or order passed or made on a review shall be entertained.

ORDER XLVIII

MISCELLANEOUS

1.Process to be served at expense of party issuing.- (1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs.

(2) Costs of service.- The court-fee chargeable for such service shall be paid within a time to fixed before the process is issued.

2.Orders and notices how served.- All orders, notice and other documents required by this Code to be given to or served on any person shall be served in the manner provided for the service of summons.

3.Use of forms in appendices.- The forms given in the appendices, with such variation as the circumstances of each case may require, shall be used for the purposes therein mentioned.

ORDER XLIX

CHARTERED HIGH COURT

1.Who may serve processes of High Court.- Notice to produce documents, summonses to witnesses, and every other judicial process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary and istestate jurisdictions, except summonses to defendants, writs of execution and notices to respondents may be served b the attorneys in the suits, or by persons employed buy them, or by such other persons as the High court by any rule or order, directs.

2.Savings in respect of chartered High Courts.- Nothing in this schedule shall be deemed to limit or otherwise affect any rules in force at the commencement of this code for the taking of evidence or the recording of judgments andorders by a Chartered High court.

3.Application of rules.- The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely:-

(1) rule 10 and rule 11, clauses (b) and (c), of Order VII;

(2) rule 3 of Order X ;

(3) rule 2 of Order XVI ;

(4) rules 5,6,8,9,10,11,13,14,15 and16 (so far as relates to the manner of taking evidence) or Order XVIII ;

(5) rules 1 to 8 Order XX ; and

(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum) ;

and rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.

ORDER L

PROVINCIAL SMALL CAUSE COURTS

1.Provincial Small Cause Courts.- The provisions hereinafter specified shall not extend to Courts consitituted under the Provincial Small Cause Courts Act, 1887, {Ins.by Act 4 of 1941, s.2 and Sch III.} [or 9 of 1887.under the Bearer Small Cause Courts Law, 1905.] or to Courts exercising the jurisdiction of a Court of Small Causes {Subs.by s.2 and Sch.III ibid., for "under that Act".} [under the said Act or Law], {Ins.by Act 2 of 1951, s.18.} [or to Courts in Part B States exercising a corresponding jurisdiction] that is to say---

(a) so much of this schedule as relates to -

(i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees in such suits;

(ii) the execution of decrees against immovable property or the interest of a partner in partnership property;

(iii) the settlement of issues ; and

(b) the following rules and orders :-

Order II, rule 1 (frame of suit) ;

Order X, rule 3 (record of examination of parties) ;

Order XV except so much of rule as provides for the pronouncement at once a judgement;

Order XVIII, rules 5 to 12 (evidence);

Orders XLI to XLV (appeals);

Order XLVII, rules 2,3,5,6,7 (review);

Order LI.

ORDER LI

PRESIDENCY SMALL CAUSE COURTS

1.Presidency Small Cause Courts.- Save as provided in rules 22 and 23 of Order V, rules 4 and 7 of Order XXI, and rule 4 of order XXVI, and by the Presidency Small cause Courts Act, 1882, this schedule shall not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay.

APPENDIX A

PLEADINGS

(1) TITLES OF SUITS

IN THE COURT OF

A.B.(add description and residence). . . Planitiff,
against

C.D.(add description and residence). . . Defendant,

(2) DESCRIPTION OF PARTIES IN PARTICULAR CASES

{Subs.by the A.O.1950 for "the Secretary of State or the Federation of India or the Province of..................., as the case may be".} [The Union of India or the State of......................., as the case may be.]

__________

The Advocate General of
__________


The Collector of
__________

The State of

The A.B.Company, Limited, having its registered office at
__________

A.B., a public officer of the C.D.Company.
__________

A.B.(add description and residence), on behalf of himself and all other creditors of C.D., late of (add description and residence).
__________

A.B.(add description and residence), on behalf of himself and all other holders of debentures issued by the Company, Limited.
__________
The Official Redeiver.
__________

A.B.(add description and residence).by C.D.[or by the Court of Wards], his nest 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 firmcarrying 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 defendent 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 a minor [or insane] from the day of
till the day of

4.[Facts showing when the cause of action arose and that the Court has jurisdiction.]

5.The value of the subject-manner of the suit of the suit for the purpose of jurisdiction is rupees and for the purpose of court-fees is rupees.

6.The plaintiff claims rupees, with interest at per cent.from the day of 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 Releif 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 [on the day of ,some day before the plaint was filed.]

3.He has not paid the same.

4.E.F.died on the day of 19
By his last will he appointed his brother, 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 19 , plaintiff sold and delivered to the defendant [Sunday 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 Releif 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.hasn't 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 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 [executed Sunday drawing, designs and diagrams] for the defendant, at his request ; but no express agreement was made not to the sum to be paid for such services.

2.The services were reasonably worth rupees.

3.The defendant has not paid the many.

[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., 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 defendant, as his request, but no express agreement was made as to amount to be paid for such word and materials.

2.The word 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 period was reasonably worth rupees.

2.The defendant has not paid the money.

3.The defendant has not paid the money.

[As in paras.4 and 5 of Form no.1.]

6.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 of ten barrels of oil which the defendant refused to pay], agreed in writing to submit the difference to the arbitration of E.F.and G.H., and the original document is annexed hereto.

2.On the day of 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 the State [of kingdom] in a suit therein pending between the plaintiff and the defendant, duly adjudged that the defendant should pay to the plaintiff rupees, with the 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 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)

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 big has of land in the village of for rupees.]

2.On the day of 19 , the plaintiff being then the absolute owner of the property [and the same being free from all incumbarances 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.]

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 mutualy 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 bees 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 deferant as [as 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 mutualy agreed tat the plaintiff should employ the defendant at an [annual] salary of rupees, and that the defendant should serve the plaintiff as [as 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 afore said.


[As in paras.4 and 5 of Form No.1, 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 defenadant [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 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 if E.F.should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not exceeding rupees.

[ Or, 2.In consideration thereof, the defendant by his bond of the same date bound himself to pay the plaintiff the penal sum of rupees, 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 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 dayof 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 there from, and still withholds the possession thereof from him.

4.The plaintiff was thereby [prevented from continuing the business of a trailer at the said place, was compelled to expend rupees in moving, and lost the custom of G.H and I, J.by such removal.]

[As in paras.4 and 5 of Form No.1, and Relief claimed.]

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 C.D., dissolved the partnership, and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff against al 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 dayof 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 representation 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, and were made by him with intent to deceive and defraud the plaintiff [or top deceive and injure the plaintiff.]

4.E.F.[did not pay for the said goods at the expiration to 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.]

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