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

No.23

POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND

(Title)

A.B., the above-named plaintiff states as follows :-

1.The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain land called and situate in and of a well therein, and of water in the well, and to have certain springs and streams of water which flowed and ran into the well supply the same to flow or run without being fouled or polluted.

2.On the day of 19 , the defendant wrongfully fouled and polluted the well and the water therein and the springs and streams of water which flowed into the well.

3.In consequence the water in the well became impure and unfit for domestic and other necessary purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water.

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

No.24

CARRYING ON A NOXIOUS MANUFACTURE

(Title)

A.B., the above-named plaintiff states as follows :-

1.The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called , situate in.

2.Ever since the day of 19 , the defendant has wrongfuly caused to issue from certain smelting works carried on by the defendant large qualities 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 benefical 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 [wit vehicles , or on foot, or in any manner] along the way [and has ever since wrongfully obstructed the same].

4.(State special damage, if any.)

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

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

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 possed 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 worming the mill.

3.On the day of 19 , the defendant, by cutting the bank of the stream, wrongfully diverted the water thereof, so that less water ran into the plaintiff's mill.

4.By reason thereof the plaintiff has been unable to grind more than sacks per day, whereas, before the said diversion of water, he was able to grind sacks power 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 expense for medical attendance and is permanently disabled from carrying on his former business as [a salesman].

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

[Or thus :-- 2.On that day the defendants by their servants so negligently and unskillfully drove and managed an engine and a train of carriages attached thereto upon and along the defendants' railway which the plaintiff was then lawfully crossing, that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para.3]

No.30

INJURIES CAUSED IN NEGLIGENT DRIVING

(Title)

A.B., the above-named plaintiff states as follows :-

1.The plaintiff is a shoemaker, carrying on business at .The defendant is a merchant of .

2.On the day of 19 , the plaintiff was walking southward along chowringhee, in the city of Calcutta, at about 3 O' Clock in the afternoon.He was obliged to cross Middleman Street, which is a street running in to Chowringhee at right angles.While he was crossing this street, and just before he could reach the foot-payment 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 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 lift arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering, and unable to attend to his business and incurred heavy medical and other expenses, and sustained great loss of business and profits.

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

No.31

FOR MALICIOUS PROSECUTION

(Title)

A.B., the above-named plaintiff states as follows :-

1.On the day of 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 expense for medical attendance and is permanently disabled from carrying on his former business as [ a salesman].

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

[Or thus :- 2.On that day the defendants by their servants so negligently and unskilfully drove and managed an engine and a train of carriages attached thereto upon and along the defendants' 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.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 possessions] 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 inducing 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-name 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 big has ].

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 be 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 o ground contained in fact only [ five big has ].

[As in paras.4 and 5 of Forum 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 to 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 brought and killed there [ and has cause the blood and offal to be thrown into the street opposite the said house of the plaintiff].

[ 4.In consequence the plaintiff has been compelled to abandon the said house, and has been unable to rent the same.]

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

7.The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further nuisance.

No.37

PUBLIC NUISANCE

(Title)

A.B., the above-named plaintiff, states as follows :-

1.The defendant has wrongly heaped up earth and stones on a public road known as Street at so as to obstruct the passage of the public along the same and threatens and intends, unless restrained from s o ding, to continue and repeat the said wrongful act.

2.The plaintiff has obtained the consent in writing of the Advocate General [ or of the Collector or other officer appointed in this behalf ] to the institution of this suit.

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

5.The plaintiff claims-

(1) a declaration that the defendant is not entitled to obstruct the passage of the public along the said road;

(2) an injunction restraining the defendant from obstructing the passage of the public along the said public road and directing the defendant to remove the earth and stones wrongfully heaped up as aforesaid.

No.38

INJUNCTION AGAINST THE DIVISION OF A WATER-COURSE

( Title )

A.B., the above-named plaintiff, states as follows :-

[ As in Form No.27.]

The plaintiff claims that the defendant be restrained by injunction from diverting the water as aforesaid.

No.39

RESTORATION OF MOVABLE PROPERTY THREATENED
WITH DESTRUCTION, AND FOR AN INJUNCTION

(Title)

A.B., the above-named plaintiff, states as follows :-

1.Plaintiff is, and at all times hereinafter mentioned was, the owner of [ aa portrait of his grand-father which was executed by an eminent painter], and of which no duplicate exists [ or state any facts showing that the property is of a kind that cannot be replaced by money].

2.On the day of 19 , he deposited the same for safe-keeping with the defendant.

3.On the day of 19 , he demanded the same from the defendant and offered to pay all reasonable charges for the storage of the same.

4.The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut or injure the same if required to deliver it up.

5.No pecuniary compensation would be an adequate compensation to the plaintiff for the loss of the [ painting ].

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

8.The plaintiff claims-

(1) that the defendant be restrained by injunction from disposing of, injuring or concealing the said [ painting ];

(2) that he be compelled to deliver the same to the plaintiff.
 No.40

INTERPLEADER

( Title )

A.B., the above-named plaintiff, states as follows :-

1.Before the date of the claims hereinafter mentioned G.H.deposited with the plaintiff [ describe the property] for [ safe-keeping].

2.The defendant C.D.claims the same [ under an alleged assignment thereof to him from G.H.]

3.The defendant E.F.also claims the same [ under an order of G.H.tranferring the same to him].

4.The plaintiff is ignorant of the respective rights of the defendant.

5.He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct.

6.The suit is not brought by collusion with either of the defendants.

[As in paras.4 and 5 of form No.1.]

9.The plaintiff claims-

(1) that the defendants be restrained, be injunction from taking any proceedings against the plaintiff in relation thereto;

(2) that they be required to interplead to gether concerning their claims to the said property;

[ (3) that some person be authorized to receive the said property pending such litigation ]

(4) that upon delivering the same to such [ person ] the plaintiff be discharged from all liability to either of the defendants in relation thereto.

No.41

ADMINISTRATION BY CREDITOR ON BE HALF OF
HIMSELF AND ALL OTHER CREDITORS

( Title )

A.B., the above-named plaintiff, states as follows :-

1.E.F., late of , was at the time of his death, and his estate still is, indebted to the plaintiff in the sum of [ here insert nature of debt and security, if any ]

2.E.F., died on or about the day of By his last will, dated the
day of he appointed C.D.his executor [ or devised his estate in trust, etc., or died intestate, as the case may be].

3.The will was proved by C.D.[ or letters of administration were granted, etc.].

4.The defendant has possessed himself of the movable [ and immovable, or the proceeds of the immovable ] property of E.F., and has not paid the plaintiff his debt.

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

7.The plaintiff claims that an account may be taken of the movable [ and immovable ] property of E.F., deceased, and that the same may be administered under the decree of the court.

No.42

ADMINISTRATION BY SPECIFIC LEGATEE

( Title )

[ Alter Form No.41 thus ]

[ Omit paragraph 1 and commence paragraph 2] E.F., late of
, died on or about the day of .By his last will, dated the day of he appointed C.D.his executor, and bequeather to the plaintiff [here state the specific legacy.]

For paragraph 4 substitute -

The defendant is in possession of the movable property of E.F., and, amongst other things, of the said [ here name the subject of the specific bequest].

For the commencement of paragraph 7 substitute-

The plaintiff claims that the defendant may be ordered to deliver to him the said [ here name the subject of the specific bequest], or that, etc.

No.43

ADMINSTRATION BY PECUNAIRY LEGATEE

( Title )

[ Alter form No.41 thus]

[ Omit paragraph 1 and substitute for paragraph 2 ] E.F., late of , died on or about the day of By his last will, dated the day of he appointed C.D.his executor, and bequeathed to the plaintiff a legacy of rupees.

In paragraph 4 substitute " legacy " for " debt".
Another form

( Title )

E.F., the above-named plaintiff, states as follows :-

1.A.B.of K, in the died on the day of By his last will, dated the day of , he appointed the defendant and M.N.[ who died in the testator's lifetime ] his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease and in default of his having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust as to his immovable property for the person who would be the testator's heir-at-law, and as to his movable property for the persons who would be the testator's next-of-kin if he had died intestate at the time of the death of the plaintiff, and such failure of his issue as aforesaid.

2.The will was proved by the defendant on the day of The plaintiff has not been married.

3.The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he has sold some part of the immovable property.

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

6.The plaintiff claims-

(1) to have the movable and immovable property of A.B.administered in this Court, and for that purpose to have all proper directions given and accounts taken;

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


No.44

EXECUTION OF TRUSTS

(Title)

A.B., the above-named plaintiff, states as follows :-

1.He is one of the trustees under an instrument of settlement bearing date on or about the day of made upon the marriage of E.F.and G.H., the father and mother of the defendant [ or an instrument of transfer of the estate and effects of E.F.for the benefit of C.D., the defendant, and the other creditors of E.F.

2.A.B.has taken upon himself the burden of the said trust, and is in possession of [ or of the proceeds of ] the movable and immovale property transferred by the said insrument.

3.C.D.claims to be entitled to a beneficial interest under the instrument.

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

6.The plaintiff is desirous to account for all the rents and profits of the said immovable property [ and the proceeds of the sale of the said, or of part of the said, immovable property, or movable, or the proceeds of the sale of, or of part of, the said movable property, or the profits accuring to the plaintiff as such trustee in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and also that the whole of the said trust estate may be administered in the Court for the benefit of C.D., the defendant, and all other persons who may be interested in such administration, in the present of C.D.and such other persons so interested as the Court may direct, or that C.D.may show good cause to the contrary.

[ N.B.- Where the suit is by a beneficiary, the plaint may be modelled, mutatis mutandis, on the plaint by a legatee.]

No.45

FORECLOSURE OR SALE

( Title )

A.B., the above-named plaintiff, states as follows :-

1.The plaintiff is mortgagee of lands belonging to the defendant.

2.The following are the particulars of the mortgage :-

(a) (date) ;

(b) ( names of mortgagor and mortgagee );

(c) ( sum secured)

(d) ( rate of interest)

(e) ( property subject to mortgage );

(f) ( amount now due );

(g) ( if the plaintiff's title is derivative, state shortly the transfers or devolution under which he claims ).

( If the plaintiff is mortgage in possession, add)

3.The plaintiff took possession of the mortgage property on the day of and is ready to account as mortgagee in possession from that time.

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

6.The plaintiff claims-

(1) payment, or in default [ sale or ] foreclosure [ and possession];

[ Where Order 34, rule 5, applies.]

(2) in case the proceeds of the sale are found to be insufficient to pay the amount due to the plaintiff, then that liberty to reserved to the plaintiff to apply for a decree for the balance.

No.46

REDEMPTION

(Title )

A.B., the above-named plaintiff, states as follows :-

1.The plaintiff is mortgagor of lands of which the defendant is mortgagee.

2.The following are the particulars of the mortgage :-

(a) ( date );

(b) ( names of mortgagor and mortgagee );

(c) ( sum secured);

(d) ( rate of interest );

(e) ( property subject to mortgage );

(f) if the plaintiff's title is derivative, state shortly the transfers or devolution under which he claims).

( If the plaintiff is mortgage in possession, add)

3.The defendant has taken possession [ or has received the rents ] of the mortgaged property.

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

6.The plaintiff claims to redeem the said property and to have the same reconveyed to his [ and to have possession thereof ].

No.47

SPECIFIC PERFORMANCE ( No.1)

( Title )

A.B., the above-named plaintiff, states as follows :-

1.By an agreement dated the day of and signed by the defendant, he contracted to buy of [ or sell to ] the plaintiff certain immovable property therein described and referred to, for the sum of rupees.

2.The plaintiff as applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so.

3.The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice.

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

6.The plaintiff claims that the court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property [ or to accept a transfer and possession of the said property] and to pay the costs of the suit.

No.48

SPECIFIC PERFORMANCE ( NO.2)

( Title)

A.B., the above-named plaintiff, states as follows :-

1.On the day of 19 , the plaintiff and defendant entered into an agreement , in writing and the original document is hereto annexed.

The defendant was absolutely entitled to the immovable property described in the agreement.

2.On the day of 19 , the plaintiff tendered rupees to the defendant, and demanded a transfer of the said property by a sufficient instrument.

3.On the day of 19 , the plaintiff again demanded such transfer [ Or the defendant refused to transfer the same to the plaintiff.]

4.The defendant has not executed any instrument of transfer.

5.The plaintiff is still ready and willing to pay the purchase-money of the said property to the defendant.

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

8.The plaintiff claims -

(1) that the defendant transfer the said property to the plaintiff by a sufficient instrument [ following the terms of the agreement ] ;

(2) rupees compensation for withholding the same.

No.49

PARTNERSHIP

( Title )

A.B., the above-named plaintiff, states as follows :-

1.He and C.D., the defendant, have been for year [ or months ] past carrying on business together under articles of partnership in writing [ or under a deed, or under a verbal agreement ].

2.Several disputes and differences have arisen between the plaintiff an defendant as such partners whereby it has become impossible to carry on the business in partnership with advantage to the partners.[ Or the defendant has committed the following breaches of the partnership articles :-

(1)
(2)
(3) ]

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

5.The plaintiff claims -

(1) dissolution of the partnership;

(2) that accounts be taken;

(3) that a receiver be appointed.

( N.B.- In suit for the winding-up of any partnership, omit the claim for dissolution; and instead insert a paragraph stating the facts of the partnership having been dissolved.)


(4) WRITTEN STATEMENTS

General defences

Denial.- The defendant denies that (set out facts).

The defendant does not admit that (set out facts).

The defendant admits that but says that

Protest.-The defendant denies that he is a partner in the defendant firm of of

The defendant denies that he made the contract alleged or any contract with the plaintiff.

The defendant denies that he contracted with the plaintiff as alleged or at all.

The defendant admitsassets but not the plaintiff's claim.

The defendant denies the tthe plaintiff sold to him the goods mentioned in the plaint or any of them.

Of Limitation.- The suit is barred by article or article or the second schedule to the {See now the Indian Limitation Act, 1908 (9 of 1908).}Indian Limitation Act, 1877 (15 of 1877.).

Jurisdiction.- The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds).

On the day of a diamond ring was delivered by the defendant to and accepted by the plaintiff inn discharge of the allegee cause of action.

Insolvency.-The defendant has been adjudged ann insolvent.

The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in the receiver.

Minority.-The defendant was a minor at the time of making the alleged contract.

Payment into Court.- The defendant as to the whole claim (or as to Rs., part of the money claimed, or as the case may be ) has paid into Court Rs. and says that this sum is enough to satisfy the plaintiff's claim [or the part aforesaid].

Performance remitted.- The performance of the promise alleged was remitted on the (date).

Rescission.-The contract was rescinded by agreement between the plaintiff and defendant.

Res judicature.-The plaintiff's claim is barred by the decree in suit (give the reference).

Estopal.- The plaintiff is estopped from denying the truth of (inter statement as to which estoppel is claimed) because (here state the facts relied on as creating the estoppel.)

Ground of defence subsequent to institution of suit.- Since the institution of the suit, that is to say, on the say of (set out facts).

No.1

DEFENCE IN SUITS FOR GOODS
SOLD AND DELIVERED

1.The defendant did not order the goods.

2.The goods were not delivered to the defendant.

3.The price was not Rs.

[or]

4. 1.

5.Except as to Rs. , same as 2.

6. 3.

7.The defendant [or A.B., the defendant's agent] satisfied the claim by payment before suit to the plaintiff [or C.D., the plaintiff's agent] on the day of 19.

8.The defendant satisfied the claim by payment after suit to the plaintiff on the day of 19.

No.2

DEFENCE IN SUITS ON BONDS

1.The bond is not the defendant's bond.

2.The defendant made payment to the plaintiff on the day according to the condition of the bond.

3.The defendant made payment to the plaintiff after the day named and befor suit of the principal and interest mentioned in the bond.

No.3

DEFENCE IN SUITS ON GUARANTESS

1.The principal satisfied the claim by payment before suit.

2.The defendant was released by the plaintiff giving time to the principal debtor in pursuance of a binding agreement.

No.4

DEFENCE IN ANY SUIT FOR DEBT

1.As to Rs.200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by the defendant to the plaintiff.

Particulars are as follows :––

Rs.
1907 January 25th . . . . . 150

" February 1st . . . . . 50
–––––
Total 200
–––––

2.As to the whole [orr as to Rs., part of the money claimed] the defendant made tender before suit of Rs.and has paid the same into Court.

No.5

DEFENCE IN SUITS FOR INJURIES CAUSED
BY NEGLIGENT DRIVING

1.The defendant denies that the carriage mentiond in the plaint was the defendant's carriage, and that it was under the charge or control of the defendant's servants.The carriage belonged to of Street, Calcutta, livery stable keepers employed by the defendant to supply him with carriages and horse; and the person under whose charge and control the said carriage was, was the servant of the said

2.The defendant does not admit that the said carriage was turned out of Middleton Street either negligently, suddenly or without warning, or at a rapid or dangerous pace.

3.The defendant says the plaintiff might and could, by the exercise of reasonable care and diligence, have seen the said carriage approaching him, and avoided any collision with it.

4.The defendant does not admit the statements contained in the third paragraph of the plaint.

No.6

DEFENCE IN ALL SUITS FOR WRONGS

1.Denial of the sevveral acts [or matters] complained of.

No.7

DEFENCE IN SUITS FOR DETENTION OF GOODS

1.The goods were not the property of the plaintiff.

2.The goods were detained for a lien to which the defendant was entitled.

Particulars are as follows:––

1907, May 3rd.To carrriage of the goods claimed for Delhi to
Calcutta :––

45 maunds at Rs.2 per maund.....Rs.90.

No.8

DEFENCE IN SUITS FOR INFRINGEMENT
OF COPYRIGHT

1.The plaintiff is not the author [assignee, etc.].

2.The book was not registered.

3.The defendant did not infringe.


No.9

DEFENCE IN SUITS FOR INFRINGEMENT OF
TRADE MARK

1.The trade mark is not the plaintiff's.

2.The alleged trade mark is not a trade mark.

3.The defendant did not infringe.

No.10

DEFENCE IN SUITS RELATING TO NUISANCES

1.The plaintiff's lights are not ancient [or deny his other alleged prescriptive rights].

2.The plaintiffs lights will not be materially interfered with by the defendant's buildings.

3.The defendant denies that he or his servants pollute the water [or do what is complained of ].

[If the defendant claims the right by prescription or otherwise to do what is complained of, he must say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.]

4.The plaintiff has been guilty of laces of which the following are particulars:––

1870.Plaintiffs mill began to work.

1871.Plaintiff came into possession.

1883.First complaint.

5.As to the plaintiff's claim for damages the defendant will rely on the above grounds of defence, and says that the acts complained of have not produced any damge to the plaintiff.[If other grounds are relied on, they must be stated, e.g., limitation as to past damage.]

No.11

DEFENCE TO SUIT FOR FORECLOSURE

1.The defendant did not execute the mortgage.

2.The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is denied).

3.The suit is barred by article of the second schedule to the 2Indian Limitation Act, 1877.

15 of 1877.

4.The following payments have been made, viz.:––

Rs.
(Insert date)––––––––, .....1,000
(Insert date)––––––––, .....500

5.The plaintiff took possession on the of ,and has received the rents ever since.

6.That plaintiff released the debt on the of .

7.The defendant transferred all his interest to A.B.by a document dated .

No.12

DEFENCE TO SUIT FOR REDEMPTION

1.The plaintiff's right to redeem is barred by article of the second schedule to the {See now the Indian Limitation Act, 1908 (9 of 1908).} Indian Limitation Act, 1877 (15 of 1877).

2.The plaintiff transferred all interest in the property to A.B.

3.The defendant, by a document dated the day of transferred all his interest in the mortgage-debt and property comprised in the mortgage to AB

4.The defendant never took possession of the mortgaged property, or received the rents thereof.

(If the defendant admits possession for a time only, he should state the time and deny possession beyond what he admits.)

No.13

DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE

1.The defendant did not enter into the agreement.

2.A.B.was not the agent of the defendant (if alleged by plaintiff).

3.The plaintiff has not performed the following conditions––(Conditions).

4.The defendant did not––(alleged acts of part performance).

5.The plaintiff's title to the property agreed to be sold is not such as the defendant is bound to accept by reason of the following matter––(State why).

6.The agreement is uncertain in the following respects––(State them).

7.(or) The plaintiff has been guilty of delay.

8.(or) The plaintiff has been guilty of fraud ( or misrepresentation).

9.(or) The agreement is unfair.

10.(or) The agreement was entered into by mistake.

11.The following are particulars of (7), (8), (9), (10), (or as the case may be).

12.The agreement was rescinded under Conditions of Sale, No.11 (or by mutual agreement).

(In cases where damages are claimed and the defendant disputes his liability to damages, he must deny the agreement or the alleged breaches, or show whatever other ground of defence he intends to rely on, e.g., the Indian Limitation Act, accord and satisfaction, release, fraud, etc.)

No.14

DEFENCE IN ADMINISTRATION SUIT BY
PECUNIARY LEGATEE

1.A.B.'s will contained a charge of debts; he died insolvent; he was entitled at his death to some immovable property which the defendant sold and which produced the net sum of Rs., and the testator had some movable property which the defendant got in, and which produced the net sum of Rs.

2.The defendant applied the whole of the said sums an d the sum of Rs.which the defendant received from rents of the immovable property in the payment of the funeral and testamentary expenses and some of the debts of the testator.

3.The defendant made up his accounts and sent a copy thereof to the plaintiff on the day of 19, and offered the plaintiff free access to the vouchers to verify such accounts, but he declined to avail himself of the defendant's offer.

4.The defendant submits that the plaintiff ought to pay the costs of this suit.

No.15

PROBATE OF WILL IN SOLEMN FORM

1.The said will and codicil of the deceased were not duly executed according to the provisions of the Indian Succession Act, 1865 (10 of 1865) {See now the Indian Succession Act, 1925 (39 of 1925).} [or of the Hindu Wills Act, 1870 (21 of 1870) {See now the Indian Succession Act, 1925 (39 of 1925).} ].

2.The deceased at the time the said will and codicil respectively purport to have been executed, was not of sound mind, memory and understanding.

3.The execution of the said will and codicil was obtained by the undue influence of the plaintiff [and others acting with him whose names are at present unknown to the defendant].

4.The execution of the said will and codicil was obtained by the fraud o f the plaintiff, such fraud so far as is within the defendant's present knowledge, being [state the nature of the fraud].

5.The deceased at the time of the execution of the said will and codicil did not know and approve of the contents thereof [or of the contents of the residuary clause in the said will, as the case may be].

6.The deceased made is true last will, dated the 1st January, 1873, and thereby appointed the defendant sole executor thereof.

The defendant claims––

(1) that the Court will pronounce against the said will and codicil propounded by the plaintiff ;

(2) that the Court will decree probate of the will of the deceased, dated the 1st January, 1873, in solemn form of law.


No.16

PARTICULARS.(O.6, r.5)

(Title of suit)

Particulars.-The following are the particulars of (here state the matters in spelt of which particulars he been ordered ) delivered pursuant to the order of the of .

(Here set out the particulars ordered in paragraphs if necessary.)

–––––––––

APPENDIX B

PROCESS

No.1

SUMMONS FOR DISPOSAL OF SUIT.(O.5, RR.1.5.)

(Title)

To

[Name, description and place of residence.]

WHEREAS

has instituted a suit against you for
your 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 seal of the Court, this
day 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 complete 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.

No.2

SUMMONS FOR SETTLEMENT OF ISSUES.
(O.5, rr.1, 5.)

(Title)

To

[Name, description and place of residence.]

WHEREAS
has instituted a suit against you for
you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompained by some person able to answer all such questions, on the day of 9, at o'clock in the noon, to answer the claim; and you are directed to produce on that day all the documents upon which youo intend to rely in support of your defence.

Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence.

GIVEN under my hand and the seal of the Court, this
day of 19.

Judge.

NOTICE.––1.Should you apprehend your witnesses will not attend of their own accord, your can have a summons from this Court to comple 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 y our person or property, or both.

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 on the day before mentioned, the suit will be heard and determined in your absence.


GIVEN under my hand and the seal of the Court, this day of 19.

Judge.

No.4

SUMMONS IN SUMMARY SUIT ON NEGOTIABLE
INSTRUMENT.(O.37, r.2)

(Title)

To

[Name, description and place of residence.]

WHEREAS has instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs. , balance of principal and interest due to him as the of a of which a copy is hereto annexed.you are hereby summoned to obtain leave from the Court within ten days form the service hereof to appear and defend the suit,a nd within such time to cause an appearance to be entered for you.In default whereof the plaintiff will be entitled at any time after the expiration of such ten days to obtain a decree for any sum not exceeding the sum of Rs, and the sum of Rs.for costs {Ins.by Act 30 of 1926, s.4.} [together with such interest, if any, form the date of the institution of the suit as the Court may order].

Leave to appear may be obtained on an application to the Court supported by affidavit or declaration showing that there is a defence to the suit on the merits, or that it is reasonable that you should be allowed to appear in the suit.

GIVEN under my hand and the seal of the Court, this day of 19.

Judge.

No.5

NOTICE TO PERSON WHO, THE COURT
CONSIDERS, SHOULD BE ADDED AS CO- LAINTIFF.
(O.1, r.10.)

(Title)

To

[Name, description and place of residence.]

WHEREAS..........................................has instituted the above suit agaisnt for and, whereas it appears necessary that you should bbe 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.

No.6

SUMMONS TO LEGAL REPESENTATIVE OF A
DECEASED DEFENDANT.(O.22, r.4.)

(Title)

To

WHEREAS the plaintiff insitituted 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 allegiing 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 you reappearance 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.

No.7

OTHER FOR TRANSMISSION OF SUMMONS FOR
SERVICE IN THE JURISDICTION OF
ANOTHER COURT.(O.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 realized in this Court in stamps.

Dated 19.

Judge.

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, 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 Courage 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 of this Court signed by the said defendant, with a statement of service endorsed thereon by you.

Judge.

No.10

TO ACCOMPANY RETURNS OF SUMMONS OR
ANOTHER COURT.(O.5, r.23.)

(Title)

Read proceeding form the forwarding in 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.

No.11

AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY
RETURN OF A SUMMONS OR NOTICE (O.T, 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 of 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 accompained me to and 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, 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 the ordinarily resides being personally known to me, I went to the said house, in and there on 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 accompained me to and there pointed out to me which he said was the house in which ordinarily resides.I did not find the said there.

(a)

(b)

(a) Enter fully and exactly the manner in which the process was, served, with special reference to Order 5, rules 15 and 17.

(b) Signature of process-server.

or,

If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service.

Sworn/Affirmed by tthe said before me this day of 19.

Empowered under section 139 of the Code of Civil Procedure, 1908,, to administer the oath to deponents.

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 form the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was servedon 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 you 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.

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 traveling and the 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 summon s if you cause such document to be produced in this Court on the day and hour aforesaid.

(2) If you are detained beyond the day aforesaid, a sum of Rs.will be tendered to you for each day's attendance beyond the day specified.

No.14

PROCLAMATION REQUIRING ATTENDANCE OF

WITNESS.(O.16, r.10.)

(Title)

To

WHEREAS it appears form 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, therefor, 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 law.

GIVEN under my hand and the seal of the Court, this day of 19.

Judge.

No.15

PROCLAMATION REQUIRING ATTENDANCE OF

WITNESS.(O.16, r.10.)

(Title)

To

WHEREAS it appears form the examination on oath of the serving officer that the summons could not be served upon the witness, and whereas it appears that the evidence of the witness is material, and he has failed to attend in compliance with such summons: This proclamation is, thereofer, 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 law.

GIVEN under my hand and the seal of the Court, this day of 19.

Judge.

No.16

WARRANT OF ATTACHMENT OF PROPERTY OF

WITNESS.(O.16, r.10.)

(Title)

To

The Bailiff of the Court.

WHERE AS the witness cited by has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You are hereby directed to hold under attachment property belonging to the said witness to the value of and to submit a return, accompanied with an inventory thereof, within days.

GIVEN under my hand and the seal of the Court, this day of 19.

Judge.

No.17

WARRANT OF ARREST OF WITNESS.(O.16, r.20.)

(Title)

To

The Bailiff of the Court.

WHEREAS has been duly served with a summons but has failed to attend [absconds and keeps out of the way for the purpose of avoiding service of summons]; You are hereby ordered to arrest and bring the said before the Court.

you are further ordered to return this warrant on or before the day of 19 with a endorsement certifying the day on and the manner in which if has been executed, or the reason why it has not been executed.

GIVEN under my hand and the seal of the Court, this day of 19.

Judge.

No.18

WHATNOT OF COMMITTAL.(O.16, r.16.)

(Title)

TO

The Officer in charge of the Jail at

WHEREAS the plaintiff (or defendant ) in the above-named suit has made application to this Court that security be taken of the appearance of to give evidence (or to produce a document).on the day of 19; and whereas the Court has called upon the said to furnish such security, which he has afield to do; This is to require you to receive the said into your custody in the civil prison and to produce him before this Court at on the said day and on such other day or days as may be hereafter ordered.

GIVEN under my hand and the seal of the Court, this day of 19.

Judge.

No.19

WARRANT OF COMMITTAL.(O.26, r.28.)

(Title)

To

The Officer in charge of Jail at

WHEREAS , whose attendance is required before this Court in the above-named case to give evidence (or to produce a document), has been arrested and brought before the Court in custody; and whereas owing to the absence of the plaintiff (or defendant), the said cannot give such evidence (or produce such document); and whereas the Court has called upon the said to give security for his appearance on the day of 19, at which he has failed to do; This is to requrie you to receive the said into your custody in the civil prison and to produce him before this Court at on the day of 19.

GIVEN under my hand and the seal of the Court, this day of 19.

Judge.

APPENDIX C

DISCOVERY, INSPECTION AND ADMISSION

No.1

ORDER FOR DELIVERY OF INTERROGATORIES.(O.11, r.1.)

In the Court of

Civil suit No. of 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 that the said do answer the interrogatories as prescribed by Order XI,rule 8, and that the costs of this application be .

No.2

INTERROGATORIES.(O.11, r.4.)]

(Title as in No.1 supra.)

Interrogatories on behalf of the above-named [plaintiff or defendant C.D.] for the examination of the above-named [defendants E.F.and G.H.or plaintiff].

1.Did not, etc.

2.Has not, etc.

etc., etc., etc.

[The defendant E.F.is requied to answer the interrogatories numbered.]

[The defendant G.H.is requied to answer the interrogatories numbered.]

No.3

ANSWER TO INTERROGATORIES.(O.11, r.9.)

(Title as in No.1 supra.)

The answer of the above-named defendant E.F.to the interrogatories for his examination by the above-named plaintiff.

In answer to the said interrogatories, I, the above-named E.F., make oath and say as follows:––

1.Enters answers to interrogatories in paragraphs numbered consecutively.

2.Enters answers to interrogatories in paragraphs numbered consecutively.

3.I object to answer the interrogatories numbered on the ground that [state grounds of objection].

No.4

ORDER FOR AFFIDAVIT AS TO DOCUMENTS (O.11, r.12)

(Title as in No.1 supra.)

Upon hearing ;

It is order that the do within days form the date of this order, answer on affidavit stating which documents are or have been in his possession or power relating to the matter in question in this suit, and that the costs of this application be

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.I 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.I object to produce the said documents set forth in the second part of the first schedul hereto [state grounds of objection].

3.I have had but have not now, in my possession orr power the documents relating to the matters in question in this suit set forth in the second schedule hereto.

4.The last-mentioned documents were last in my possession or power on [state when and what has become of them and in whose possession they now are].

5, According to the best of my knowledge, information and belief I have not now, and never had, in my possession, custody or power, or in the possession, custody or power of my pleader or agent, or in the possession, custody or power of any other person on my behalf, any account, book of account, voucher, receipt, letter, memorandum, paper or writing, or any copy of or extract form any such document, or any other document 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 then 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 liberty to inspect and peruse 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 the dayof 19].

[Describe documents required]

X.Y., pleader for the

To Z., pleader for the

No.8

NOTICE TO INSPECT DOCUMENTS.(O.11, R.17.)

( Tittle 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 noticed of the...................day of...........19...., on the ground that [ state the ground].

No.9

NOTICE TO INSPECT DOCUMENTS.(O.12 , r.3.)

( Tittle as in No.1, supra.)

Take notice that the plaintiff [or defendant] in this suit proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant [or plaintiff], his pleader or agent, at...............on...........between the hours of........................; and the defendant [or plaintiff] is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered were so served, sent or delivered, respectively, saving all just exceptions to the admissibility of all such documents as evidence in this suit.

G.H., pleader [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.15)

(Tittle as in No.1, supra.)

Take notice that the plaintiff [or defendant ] in this suit requires the defendant [or plaintiff] to admit, for the purposes of this suit, only the several facts respectively hereunder specified; and the defendant [ or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit.

G.H.pleader [or agent] for plaintiff [or defendant].

To E.F., Pleader [or agent] for defendant [ or plaintiff.]

The facts, the admission of which is required, are --

1.That M.died on the 1st January, 1890.

2.That he died intestate.

3.That N.was his only lawful son.

4.That O.died on the 1st April, 1896.

5.That O.was never married.

No.11

ADMISSION OF FACTS PURSUANT TO NOTICE.(O.12, r.5.)

( Tittle 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 limitation, if any, hereunder specified, saving all just exceptions to the admissibility of any such facts, or any of them, as evidence in this suit :

Provided that this admission is made for the purposes of this suit only, and is not an admission to be used against the defendant [or plaintiff] on any other occasion or by any one other than the plaintiff [or defendant, or party requiring the admission].

E.F.pleader [or agent] for defendant [or plaintiff].

To G.H., pleader [or agent ] for plaintiff [ or defendant].

Facts admitted 1.That M.died on the 1st January, 1890. 2.That he died intestate 3.That N.was his lawful son 4.That O.died 5.That O.was never married Qualifications or limitations, if any, subject to which they are admitted.

1. 2. 3.But not that he was his only lawful son. 4.But not that he died on the 1st April, 1896. 5.

No.12

NOTICE TO PRODUCE (GENERAL FORM).

(O.12, r.8)

(Tittle as in No.1, supra.)

Take notice that you are hereby required to produce and show to the Court at the first hearing of this suit all books, papers, letters, copies of letters and other writings and documents in your custody, possession or power, containing any entry, memorandum or minute relating to the matters in question in this suit, and particularly.

G.H.pleader [or agent] for plaintiff [or defendant].

To E.F., pleader [ or agent] for defendan [or plaintiff].

APPENDIX D

DECREES

No.1

DECREE IN ORIGINAL SUIT.(O.20, rr.6, 7.)

(Tittle)

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....................................................................................................nd 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

1.Stamp for plaint 2.Do for power 3.Do.for exhibits 4.Pleader fee on Rs. 5.Subsistence for witnesses 6.Commissioner's fee 7.Service of process Total Rs. -- A. -- P. --- Stamp for power Do.For petition Pleader' s fee Subsistence for witness Service of process Commissioner's fee Total Rs. --- A. --- P. ---

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 defendant; plaintiff and of..........................................for the defendant ; It is ordered that the.............................. do pay to the.........................the sum of Rs.................with interest thereon at the rate of................per cent.per annum from..........................to the date of realization of the said sum and do also pay Rs.................., the costs of this suit, wih 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

1.Stamp for plaint 2.Do.for power 3.Do.for exhibits 4.Pleader's fee on Rs. 5.Subsistence for witnesses 6.Commissioner's fee 7.Service of process Total Rs. --- A. -- P. --- Stamp for power Do.for petition Pleader' s fee Subsistence for witness Service of process Commissioner's fee Total Rs. --- A. --- P. ---

{Forms 3 to 11 subs.by Act 21 of 1929, s.8 and Sch., for the original forms.}

[No.3

PRELIMINARY DECREE FOR FORECLOSURE

(Order XXXIV, rule 2.-- Where accounts are directed to be taken.)

(Tittle)

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 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 willful 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 may amount received under clause(ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted aginst any sums paid by the plaintiff under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the plaintiff on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal.

3.And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the.................................. day of................................and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.

4.And it is hereby further ordered and decreed --

(I) that the defendant do pay into Court or before the..............

day of..........................................., or any later date up to which time for payment may be extended by the Court, such sum as the Court shall find due, and the sum of Rs........................for the costs of the suit awarded to the plaintiff ;

(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the palintiff 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 peaceabe possession of the said property.

5.And if 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 peceable 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 direction as it thinks fit.

Schedule

Description of the mortgaged property

No.3A

PRELIMINARY DECREE FOR FORECLOSURE

(Order XXXIVVV, 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 costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff in respect of the mortgage security, to gether with interest thereon, and the sum of Rs.........for the costs of this 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 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 bbe 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 hall 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 free 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 declared that, in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable 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

No.4

FINAL DECREE FOR FORECLOSURE

(Order XXXIV, rule 3.)

(Title)

Upon regarding the preliminary decree passed in this suit on the day of...............................................any further orders (if any) dated the................................day of........................and the application of the plaintiff dated the............................day of........................... for a final decree and after hearing the parties and it appearing that the payment directed by the said decree and orders has not been made by the defendant or any person on his behalf or any other person entitled to redeem the said mortgage :

It is hereby ordered and decreed that the defendant and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned ; {Words not required to be deleted} [and (if the defendant be in possession of the said mortgage 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.

No.5

PRELIMINARY DECREE FOR SALE

(Order XXXIV, rule 4.-- Where accounts are directed to be taken.)

(Title)

This suit coming on this..................day, etc.; It is hereby ordered and decreed that it be refered 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 of for the use of the plaintiff or which without the wilful default of the plaintiff or such perosion might have been so received ;

(iii) an account of all sums of money properly incurred by the plaintiff up to this 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 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 alllowances 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 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, or Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all 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 ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale ) in payment of the amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same.

7.And it is hereby further ordered and decreed that, if the money realized 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

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 or Rs.

2.And it is hereby ordered and decreed as follows :--

(i) that the defendant do pay into Court on or before the................ day of...................................or any later date up to which time for payment may be extended by the Court, the said sum of Rs. ;

(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring 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 an 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 sufficient part thereof shall be 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 applies (after deduction therefrom of the expenses of the sale) in payment of the amount payabe 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 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 payabe under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIVV 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

No.6

FINAL DECREE FOR SALE

(Order XXXIV, rule 5.)

(Title)

Upon reading the preliminary decree passed in this suit on the ..................day of......................and further orders (if any) dated the..........................day of.........................and the application of the plaintiff dated the..................day of.......................for a final decree and after hearing the parties and it appearing that the payment directed by the said decree and orders has not been made by the defendant or any person on his behalf or nay 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.

NO.7

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

IS PASSED

(Order XXXIV, rule 7.-- Where accounts are directed to be taken.)

(Title)

This suit coming on this........................day , etc.; It is hereby ordered and decreed that it be referred to.................................... as the Commissioner to take the accounts following : --

(I) an account of what is due on this date to the defendant for principal and interest on the mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent.per annum or at such rate as the Court deems reasonable) ;

(ii) an account of the income of the mortgaged property received up to this date by the defendant or by any other person by order or for the use of the defendant or which without the wilful default of the defendant or such person might have been so received ;

(iii) an account of all sums of money properly incurred by the defendant up to this date for costs, charges and expenses (other than the costs of the suit) in repeat of the mortgage-security together with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent.per annum.) ;

(iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the defendant which is destructive of, or permanently injurious to, the property ir by his failure to perform any of the duties imposed upon him by any law for the time bing in force or by the terms of the mortgaged.

2.It is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall be adjusted against any sums paid by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the defendant on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal.

3.And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the..................................day of................................. , and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.

4.And it is hereby further ordered and decreed --

(I) that the plaintiff do pay into Court on or before the day of .................................. , or any later date up to which time for payment may be extended by the Court, such sum as the Court shall find due and the sum or Rs..............................for the costs of the suit awarded to the defendant ;

(ii) that, on such payment, and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property, in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to such person as he appoints , and the defendant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.

5.And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant shall be at liberty to apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

Schedule

Description of the mortgaged property

No.7A

PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR

SALE IS PASSED

( Order XXXIV, rule 7.-- Where accounts are

directed to be taken)

( Title )

This suit coming coming on this..................day, etc.; It is here by ordered and decreed that that it be referred to............................. as the Commissioner to take the accounts following :----

(i) an account of what is due on this date to the defendant for principle and interest on the mortgage mentioned in the plaint ( such interest to be computed at the rate payable on the principle or where no such rate is fixed, at six per cent.per annum or at such rate as the Ccourt deems reasonable );

(ii) an account of the income of the mortgaged property received up to this date by the defendant or by any other person by the order or for the use of the defendent or which without willful default of the defendant or such person might have been so receivedd;

(iii) an account of all sums of money properly incurred by the defendant up to this date for costs, charges and expenses ( other than the costs of the suit ) in respect of the mortgage-security together with interests 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 principle, or, failing both such rates, at nine per cent per annum

(iv) an account of any loss or damage caused to the martgaged property before this date by any act or ommision of the defendant which is destructive of, or permanantly injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed.

2.And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the defendant under clause (iii) together with interest thereon, and balance, if any, shall be added to the mortgage-money, or, as the case may be, be debited in reduction of the amount due to the defendant on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principle.

3.And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despath after making all just allowance on or before the................................................ day of.....................................and that, upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.

4.And it is hereby further ordered and decreed ----

(i) that the plaintiff do pay into Court on or before the....................day of..............................or any later date upto which time for payment may be extended by the Court, such sum as the sum as the Court shall find due and the sum of Rs........................or the costs of the suit awarded to the defendant;

(ii) that, on such 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, chargesand expensed 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 defandant shall bring into Court all documents in his possession or power relating to the mortgaged

(The First schedule.Appendix D.-Decrees )

No 2 or both of them as the case may be shall be at liberty (when such remedy is open under the terms of their respective mortgages and id not barred by any law for the time being in force) to apply for a personal decree against defendant No 1 for the amounts remaining due to them respectively

5 And it id hereby further ordered and decreed that, in default of payment as aforesaid, the defendant may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part therof shall be directed to be sold; and for the purposes of such sale the defendant shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property.

6.And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendant under this decree and under any further orders that may be passed in his suit and in payment of the amount payable to the defendant under this decree and under any further orders that may be passed in his suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 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, 1903 and that the balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.

7.And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for payment in full of the amount payable to the defendant as aforesaid, the defendant shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the balance; and 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 fir.

Schedule

Description of the mortgaged property

No.7B

PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT

BY MORTGAGOR A DECREE FOR FORECLOSURE IS PASSED

(Order XXXIV, rule 7.– Where the Court declares the amount due.)

(Title)

This suit coming on this day, etc,; It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this dage of is the sum of Rs. For principal, the sum of Rs. For interest on the said principal, the sum of Rs. For costs, charges and expenses (other than the costs of the suit) properly incurred by the defendant in respect of the mortgatge-security together with interest thereon, and the sum of Rs. For the costs of the suit awarded to the defendnat, making in all the sum of Rs..

2.And it is hereby ordered and decreed as follows:-

(i) that the plaintiff do pay into Court on or before the day of or any later date up to which time for payment may be extended by the Court the said sum of Rs.

(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such 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 defendnat shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendnat shall, if so required, reconvey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the defendnat or any person claiming under him or any person under whom he claims, and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.

3.And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendnat may apply to the Court for a final decree that the plaintiff shall henceforth 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 defendnat 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

No.7C

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

(Order XXXIV, rule 7.– Where the Court declares the amount due.)

(Title)

This suit coming on this day, etc.; It is hereby declared that the amount due to the defendnat on the mortgage mentioned in the plaint calculated up to this day of is the sum of Rs. For principal, the sum of Rs. For interest on the said principal, the sum of Rs. For costs, charges and expenses (other than the costs of the suit) properly incurred by the defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. For the cost of this suit awarded to the defendant, making in all the sum of Rs.

2.And it is hereby ordered and decreed as follows:-

(i) that the plaintiff do pay into Court on or before the day of or any later date up to which time the payment may be extended by the Court the said sum of Rs. ;

(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendnat shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff or such person as he appoints, and the defendant shall, if so required, reconvey or re-transfer the said property to the plaintiff free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under or any person under whom he claims and shall , if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.

3.And it is hereby further ordered and decree that, in default of payment as aforesaid, the defendant may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the defendnat 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 decree that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendant under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedue, 1903, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to the same.

5.And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for the payment in full of the amount payable to the defendnat as aforesaid, the defendnat shall e at liberty (where such remedy is open to him under the terms of the mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have occasion and on such application or otherwise the Court may give such directions as it thinks fit.

Schedule

Description of the mortgaged property

No.7D

FINAL DECREE FOR FORECLOSURE IN A REDEMPTION SUIT ON DEFAULT OF

PAYMENT BY MORTGAGOR

(Order XXXIV, rule 8)

(Title)

Upon reading the preliminary decree in this suit on the day of and further orders (if any) dated the day of , and the application of the defendant dated the day of for a final decree and after hearing the parties, and it appearing that the payment as directed by the said decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage:

It is hereby ordered and decreed that the plaintiff and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned (Word not required to be deleted} [and (if the plaintiff be in possession of the said mortgaged property) that the plaintiff shall deliver to the defendnat quiet and peaceble possession of the said mortgaged property].

2.And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished.

No.7E

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

BY MORTGAGOR

(Order XXXIV, rule 8.)

(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 defendnat dated the day of for a final decree and after hearing decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage:

It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree mentioned or a sufficient part thereof be sold and that for the purposes of such sale the defendant shall produce before the Court, or such officer as it appoint, all documents in his possession or power relating to the mortgaged property.

2.And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendnat 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 defendnat for such costs of this suit including the costs of this application and such costs, charges and expenses as may be payable under rule 10, together with the subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.

No.7F

FINAL DECREE IN A SUIT FOR FORECLOSURE, SALE OR REDEMPTION WHERE

THE MORTGAGOR PAYS THE AMOUNT OF THE DECREE

(Order XXXIV, rule 3, 5 and 8)

(Title)

This suit coming on this day for further consideration and it appearing that on the day of the mortgagor or , the same being a person entitled to redeem, has paid into Court all amounts due to the mortgagee under the preliminary decree dated the day of ; It is hereby ordered and decreed that:-

(i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary decree mentioned in favour of the mortgagor {Words not required to be deleted} [or as the case may be, who has redeemed the property] or an acknowledgement of the payment of the amount due in his favour;

(ii) the mortgagee do bring into Court all documents in his possession and power relating to the mortgaged property in the suit.

And it is hereby further ordered and decreed that, upon the mortgagee executing the deed of re-conveyance or acknowledgement in the manner aforesaid,-

(i) the said sum of Rs. Be put out of Court to the mortgagee;

(ii) the said deeds and documents brought into the Court be delivered out of Court to the mortgagor {Words not required to be deleted} [or the person making the payment] and the mortgagee do , when so required, concur in registereing, at the cost of the mortgagor the said deed of re-conveyance or the acknowledgement in the office of the Sub-Registrar of ; and

(iii) [if the mortgagee, plaintiff or defendnat, as the case may be, is in possesion of the mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in the aforesaid preliminary decree mentioned to the mortgagor [or such person as aforesaid who has made the payment].

No.8

DECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE
OF THE MORTGAGED PROPERTY

(Order XXXIV, rules 6 and 8A).

(Title}

Upon reading the application of the mortgagee (the plaintiff or defendnat, as the case may be) and reading the final decree passed in the suit on the day of and the Court being satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs. And have been paid to the applicant out of the Court on the day of and that the balance now due to him under the aforesaid decree is Rs. ;

And whereas it appears to the Court that the said sum is legally recoverable from the mortgagor (plaintiff or defendant, as the case may be) personally;

It is hereby ordered and decreed as follows:-

That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or plaintiff, as the case may be) the said sum of Rs. With further interest at the rate of six per cent, per annum from the day of (the date of payment out of Court referred to above) up to the date of realisation of the said sum, and the costs of this application.

No.9

PRELIMINARY DECREE FOR FORECLOSURE OR SALE

[Plaintiff . . . . . . . 1st Mortgage,

Vs.

Defendant No.1 . . . . . . . Mortgagor.

Defendant No.2 . . . . . . . 2nd Mortgagee.]

(Order XXXIV, rules 2 and 4)

(Title)

The suit coming on this day, etc.; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this day of is the sum of Rs. For principal, the sum of Rs. For interest on the said principal, the sum of Rs. For costs, charges and expenses (other than the costs of the suit) incurred by the plaintiff in respect of the mortgage-security with interest thereon and the sum of Rs. For the costs of this suit awarded to the plaintiff, making in all the sum of Rs.

(Similar declarations to be introduced with regard to the amount due to defendant No.2 in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)

2.It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to defendant No.2 {Words not required to be deleted} [or (if there are several subsequent mortgagees) that the several parties hereto are entitled in the following order to the payment of the sums due to them respectively:-].

3.And it is hereby ordered and decreed as follows:-

(i) (a) that defendants or one of them do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. Due to the plaintiff; and

(b) that defendant No.1 do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. Due to defendant No.2; and

(ii) that, on payment of the sum declared to be due to the plaintiff by defendants or either of them in the manner prescribed in clause (I) (a) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant No. (who has made the payment) or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver upto the defendant No. (who has made the payment) quiet and peaceable possession of the said property.

(Similar declarations to be introduced, if defendant No.1 pays the amount found or declared to be due to defendant No.2 with such variations as may be necessary having regard to the nature of his mortgage.)

4.And it is hereby further ordered and decreed that, in default of payment as aforesaid of the amount due to the plaintiff, the plaintiff shall be at liberty to apply to the court for a final decree-

(i) {Words not required to be deleted} [in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale] that the defendants jointly and severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver to the plaintiff quiet and peaceable possession of the said property; or


(ii) {Words not required to be deleted} [in the case of any other mortgage] that the mortgaged property or a sufficient part thereof shall be sold; and that for the purposes of such sale the plaintiff shall produce before Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and

(iii) {Words not required to be deleted} [in the case where a sale is ordered under clause 4 (ii) above] that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further orders that may have been passed in this suit and in payment of the amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be applied in payment of the amount due to defendnat No.2; and that if any balance be left, it shall be paid to the defendant No.1 or other persons entitled to receive the same; and


(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to the plaintiff and defendant No.2, the plaintiff or defendant No.2 or both of them, as the case may be shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not barred by any law for the time being in force) to apply for a personal decree against defendant No.1 for the amounts remaining due to them respectively.

5.And it is hereby further ordered and decreed-

(a) that if defendant No.2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, but defendant No.1 makes default in the payment of the said amount, defendant No.2 shall be at liberty to apply to the Court to keep the plaintiff's mortgage alive for his benefit and to apply for a final decree (in the same manner as the plaintiff might have done under clause 4 above)-

(i) {Words not required to be deleted} [(I) that defendant No.1 shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to defendant No.2 quiet and peaceable possession of the said property;] or

(ii) {Words not required to be deleted} [(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes of such sale defendant No.2 shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property;]

and (b) (if on the application of defendant No.2 such a final decree for foreclosure is passed), that the whole of the liability of defendant No.1 arising from the plaintiff's mortgage or from the mortgage of defendant No.2 or from this suit shall be deemed to have been discharged and extinguished.

6.And it is hereby further ordered and decreed {Words not required to be deleted} [in the case where a sale is ordered under clause 5 above]-

(i) that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the amount paid by defendant No.2 in respect of the plaintiff's mortgage and the costs of the suit in connection therewith and in payment of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that the balance, if any, shall then be applied in payment of the amount adjudged due to defendant No.2 in respect of his own mortgaed under this decree and any further orders that may be passed and in payment of the amount which the Court may adjudge due in respect of such costs of this suit and such costs, charges and expenses as may be payable to defendant No.2 under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any shall be paid to defendant No.1 or other persons entitled to receive the same; and

(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of the plaintiff's mortgage or defendant No.2's mortgage, defendant No.2 shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against No.1 for the amount of the balance.

7.And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

Schedule

Description of the mortgaged property

No.10

PRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND
FORE CLOSURE OR SALE ON SUBSEQUENT MORTGAGE

[plaintiff.................................................................2 nd Mortgagee,

vs.

Defendant No.1...........................................................Mortgager
Defendant No.2...........................................................1st Mortgage]


(Title)


The suit coming on this day, etc.; It is hereby declared that the amount due to defendant No.2 on the mortgage mentioned in the plaint calculated up to this day of is the sum of Rs. for principal, the sum of Rs. for interest on the said principal, the sum of Rs. for costs, charges and expenses (other than the costs of the suit) properly incurred by defendant No.2 in respect of the mortgage-security with interest thereon and the sum of Rs. for the costs of this suit awarded to defendant No.2, making in all the sum of Rs.

(Similar declarations to be introduced with regard to the amount due from defendant No.1 to the plaint)] in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)

2.It is further declared that defendant No.2 is entitled to payment of the amount due to him in priority to the plaintiff {Words not required to be deleted} [or (if there are several sub-sequent mortgagees) that the several parties hereto are entitled in the following order to the payment of the sums due to them respectively:—].

3.And it is hereby ordered and decreed as follows:—

(i) (a) that the plaintiff or defendant No.1 or one of them do pay into Court on or before the day of

or any later date up to which time for payment has been extended by the Court the said sum of Rs.due to defendant No.2; and

(b) that defendant No.1 do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs.due to the plaintiff; and

(ii) that, on payment of the sum declared due to defendant No.2 by the plaintiff and defendant No.1 or either of them in the manner prescribed in clause (i) (a) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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, defendant No.2 shall bring into Court all documents in his possess on or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff or defendant No.1 (whoever has made the payment), of to such person as he appoints, and defendant No.2 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 defendant No.2 or any person claiming under him or any person -under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required deliver up to the plaintiff or defendant No.1 (whoever has made the payment) quiet and peaceable possession of the said property.

(Similar declarations to be introduced, if defendant No.1 pays the amount found or declared due to the plaintiff] with such variations as may be necessary having regard to the nature of his mortgage.)

4.And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount due to defendant No.2, defendant No.2 shall be at liberty to apply to the Court that the suit be dismissed or for a final decree—

(i) {Words not required to be deleted} [in the case of a mortgage by conditional sale or on anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale] that the plaintiff and defendant No.1 jointly and severally shall henceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver to the defendant No.2 quiet and peaceable possession of the property; or

(ii) {Words not required to be deleted} [in the case of any other mortgage] that the mortgaged property or a sufficient part thereof shall be sold; and that for the purposes of such sale defendant No.2 shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and

(iii) {Words not required to be deleted} [in the case where a sale is ordered under clause 4 (ii) above] that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to defendant No.2 under the decree and any further orders that may be passed in this suit and in payment of the amount which the Court may adjudge due to defendant No.2 in respect of such costs of the suit and such costs, charges and expenses as may be payable to the plaintiff under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be applied in payment of the amount due to the plaintiff and that, if any balance be left, it shall be paid to defendant No.1 or other persons entitled to receive the same; and

(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to defendant No.2 and the plaintiff, defendant No.2 or the plaintiff or both of them, as the case may be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not barred by any leave for the time being in force) to apply for a personal decree against defendant No.1 for the amounts remaining due to them respectively.

5.And it is hereby further ordered and decreed,—

(a) that, if the plaintiff pays into Court to the credit of this suit the amount adjudged due to defendant No.2 but defendant No.1 makes default in the payment of the said amount, the plaintiff shall be at liberty to apply to the Court to keep defendant No.2's mortgage alive for his benefit and to apply for a final decree (in the same manner as the defendant No.2 might have done under clause 4 above)—

{Words not required to be deleted} [ (i) that defendant No.1 shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property ;] or

{Words not required to be deleted} [ (ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgage property ;]

and (b) (if on the application of defendant No.2 such a final decree for foreclosure is passed), that the whole of the liability of defendant No.1 arising from the plaintiff' mortgage or from the mortgage of defendant No.2 or from this suit shall be deemed to have been discharge and extinguished.

6.And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5 above)—

(i) that the money realised by such sale shall be paid in Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the amount paid by the plaintiff in respect of defendant No.2's mortgage and the costs of the suit in connection therewith and in payment of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that the balance, if any, shall then be applied in payment of the amount adjudged due to the plaintiff in respect of his own mortgage under this decree and any further orders that may be passed and in payment of the amount which the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable to the plaintiff under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No.1 or other persons entitled to receive the same; and

(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of defendant No.2's mortgage or the plaintiff's mortgage, defendant No.2 shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against defendant No.1 for the amount of the balance.

7.And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.


Schedule

Description of the mortgaged property

No.11

PRELIMINARY DECREE FOR SALE

[Plaintiff . . . ...Sub or derivative mortgage,

vs.

Defendant No.1..... Mortgagor.
Defendant No.2.... Original mortgagee.]


(Order XXXIV, rule 4.)

(Title)

This suit coming on this day, etc.; It is hereby declared that the amount due to defendant No.2 on his mortgage calculated up to this day of is the sum of Rs. for principal, the sum of Rs.for interest on the said principal, the sum of Rs.for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security together with interest thereon and the sum of Rs.for the costs of the suit awarded to defendant No.2, making in all the sum of Rs.

(Similar declarations to be introduced with regard to the amount due from defendant No.2 to the plaint)] in respect of his mortgage )

2.And it is hereby ordered and decreed as follows:—

(i) that defendant No.1 do pay into Court on or before the said day of or any later date up to which time for payment may be extended by the Court the said sum of Rs.due to defendant No.2.

(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No.2 being at liberty to pay such amount.)

(ii) that, on payment of the sum declared due to defendant No.2 by defendant No.1 in the manner prescribed in clause 2 (i) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff and defendant No.2 shall bring into Court ail documents in their possession or power relating to the mortgaged property in the plaint mentioned, and all such documents (except such as relate only to the sub mortgage) shall be delivered over to defendant No.1, or to such person as he appoints, and defendant No.2 shall, if so required, re-convey or re-transfer the property to defendant No.1 free from the said mortgage clear of and from all incumbrances created by defendant No.2 or any person claiming under him or any person under whom he claims, and free from all liability arising from the mortgage or this suit and shall, if so required, deliver up to defendant No.1 quiet and peaceable possession of the said property; and

(iii) that, upon payment into the Court by defendant No.1 of the amount due to defendant No.2, the plaintiff shall be at liberty to apply for payment to him of the sum declared due to him together with any subsequent costs of the suit and other costs, charges and expenses as may be payable under rule 10, together with such subsequent interests as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall then be paid to defendant No.2; and that if the amount paid into the Court be not sufficient to pay in full the sum due to the plaintiff, the plaintiff shall be at liberty (if such remedy is open to him by the terms of the mortgage and is not barred by any law for the time being in force) to apply for a personal decree against defendant No.2 for the amount of the balance.

3.And it is further ordered and decreed that if defendant No.2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc.[as in sub-clause (ii) of clause 2].

4.And it is hereby further ordered and decreed that, in default of payment by defendants Nos.1 and 2 as aforesaid, the plaintiff may apply to the Court for a final decree for sale! and on such application being made the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the purposes of such sale the plaintiff and defendant No.2 shall produce before the Court or such officer as it appoints, all documents in their possession of power relating to the mortgaged property.

5.And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the amount due to the plaintiff as specified in clause 1 above with such costs of the suit and other costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be applied in payment of the amount due to defendant No.2; and that, if any balance be left, it shall be paid to defendant No.1 or other persons entitled to receive the same.

6.And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for payment in full of the amounts payable to the plaintiff and defendant No.2, the plaintiff or defendant No.2 or both of them, as the case may be, shall be at liberty (if such remedy is open under their respective mortgages and is not barred by any law for the time being in force) to apply for a personal decree against defendant No.2 or defendant No.1 (as the case may be) for the amount of the balance.

7.And it is hereby further ordered and decreed that, if defendant No.2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, but defendant No.1 makes default in payment of the amount due to defendant No.2, defendant No.2 shall be at liberty to apply to the Court for a final decree for foreclosure or sale (as the case may be)—(declarations in the ordinary form to be introduced according to the nature of defendant No.2's mortgage and the remedies open to him thereunder).

8.And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

Schedule

Description of the mortgaged property]

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