NO.5
CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO
ANOTHER COURT.(O.21, r.6.)
(Title)
Number Name of Date
of Number Processes Costs of Amount How the Remarks
of suit
parties applica of the issued and execution realized case is
and
the tion for execut and dates disposed
Court by executi case of
service of
which the on thereof
decree
was
passed
1 2
3 4 5 6 7 8 9
Rs. a.p. Rs.a.p.
Signature of Muharrir in
charge. Signature of Judge.
No.6
APPLICATION FOR
EXECUTION OF DECREE.(O, 21, r.11.)
In the Court of
I ,
decree-holder, hereby apply for execution of the decree herein below
set forth —
I declare that what is stated herein is true to
the best of my knowledge and belief.
Signed ,
decree-holder.
Dated the day of 19
[When attachment
and sale of immovable property is sought.]
Description and
Specification of Property
The undivided one-third share of
the judgment-debtor in a house situated in the village of , value
Rs.40, and bounded as follows:—
East by G's house; west by
H's house; south by public road; north by private lane and J's
house.
I declare that what is stated in the above description
is true to the best of my knowledge and belief, and so far as I have
been able to ascertain the interest of the defendant in the property
therein specified.
Signed ,
decree-holder.
No.7
NOTICE TO SHOW CAUSE WHY EXECUTION
SHOULD NOT ISSUE.
{Subs.by Act 10 of 1914, s.2 and Sch.I, for "(
o.21, r.22)"} [(O.21,
r.16.)]
(Title)
To
WHEREAS has made application
to this Court for execution of decree in Suit No.of 19 , on the
allegation that the said decree has been transferred to him by
assignment, this is to give you notice that you are to appear before
this Court on the day of 19 , to show cause why execution should not
be granted.
GIVEN under my hand and the seal of the Court,
this day of 19.
Judge.
No.3
WARRANT OF
ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF DECREE FOR
MONEY.(O.21, r.30.)
(Title)
To
The Bailiff of
the Court.
WHEREAS was ordered by decree of this Court passed
on the day of 19 , in Suit No. of 19 , to pay to
the
plaintiff the sum of Rs.as noted in the margin; and
whereas the said sum of Rs.has not been paid These are to command
you to attach the movable property, of the said as set forth in the
schedule hereunto annexed, or which shall be pointed out to you by
the said sum of Rs.and unless the said shall pay to you the said sum
of Rs.together with Rs the costs of this attachment, to hole the
same until further orders from this Court
You are further
commanded to return this warrant on or before any of 19 , with an
endorsement certifying the day on which and manner in which it has
been executed, or why it has no been executed.
GIVEN under my
hand and the seal of the Court, this day of
19
Schedule
NO.9
WARRANT FOR SEIZURE OF
SPECIFIC MOVABLE PROPERTY ADJUDGED BY
DECREE.(O.21,
r.31.)
(Title)
To
The Bailiff of the Court.was
ordered by decree of this Court
WHEREAS day of 19 , in Suit
passed on the of 19 , to deliver to the plaintiff the movable
property (Or a share in the movable property) specified in the
schedule hereunto annexed, and whereas the said property (or share)
has not been delivered;
These are to command you to seize the
said movable property share of the said movable property) and to
deliver it to the plaintiff or to such person as he may appoint in
his behalf.
GIVEN under my hand and the seal of the Court,
this day of
19
Schedule
Judge.
No.10
NOTICE TO STATE
OBJECTIONS TO DRAFT OF DOCUMENT.(O.21,
r.34.)
(Title)
To
TAKE notice that on the day
of 19 , the decree holder in the above suit presented an application
to this Court that Court may execute on your behalf a deed
of
whereof a draft is hereunto annexed, of the immovable
property, specified thereunder, and that the day of , is appointed
for the hearing of the said application, and that you are at liberty
to appear on the said day and to state in writing any objections to
the said draft.
Description of property
GIVEN under my
hand and the seal of the Court, this
day
Judge.
No.11
WARRANT TO THE BAILIFF TO GIVE
POSSESSION OF LAND, ETC.(O.21,
r.35.)
(Title)
To
The Bailiff of the
Court.
WHEREAS the undermentioned property in the occupancy
of has been decreed to , the plaintiff in this suit; You are hereby
directed to put the said in possession of the same, and you are
hereby authorized to remove any person bound by the decree who may
refuse to vacate the same.
GIVEN under my hand and seal of
the Court, this day of
19
Schedule
Judge.
No.12
NOTICE TO SHOW
CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE.(O.21,
r.37.)
(Title)
To
WHEREAS has made application
to this Court for execution of decree in suit No.of 19 by arrest and
imprisonment of your person, you are hereby required to appear
before this Court on the day of 19 , to show cause why you should
not be committed to the civil prison in execution of the said
decree.
GIVEN under my hand and the seal of the Court, this
day of 19
Judge.
No.13
WARRANT OF ARREST IN
EXECUTION.(O.21, r.38.)
(Title)
To
The Bailiff
of the Court.
WHEREAS was adjudged by a decree of the Court
in Suit No. of 19 , dated the
day of 19 , to pay to the
decree-holder the sum of Rs.as noted in the margin and whereas the
said sum of Rs.has not been paid to the said decree-holder in
satisfaction of the said decree; These are to command you to arrest
the said judgment-debtor and unless the said judgment-debtor shall
pay to you the said sum of Rs.together with Rs for the costs of
executing this process, to bring the said defendant before the Court
with all convenient speed.
You are further commanded to
return this warrant on or before the day of 19 , with an endorsement
certifying the day on which and manner in which it has been
executed, or the reason why it has not been executed.
GIVEN
under my hand and the seal of the Court, this day of
19.
Judge.
No.14
WARRANT OF COMMITTAL OF
JUDGMENT-DEBTOR TO JAIL.(O.21,
r.40.)
(Title)
To
The Officer in charge of the
Jail at
WHEREAS who has been brought before this Court this
day of 19 , under a warrant in execution of a decree which was made
and pronounced by the said Court on the day of 19 , and by which
decree it was ordered that the said should pay ; And whereas the
said has not obeyed the decree nor satisfied the Court that he is
entitled to be discharged from custody; You are hereby, {The Words
"in the name of the King-Emperor of India" rep.by the A.O.1950.}
commanded and required to take and receive the said into the civil
prison and keep him imprisoned therein for a period not exceeding or
until the said decree shall be fully satisfied, or the said shall be
otherwise entitled to be release according to the terms and
provisions of section 58 of the Code of civil Procedure, 1908; and
the Court does hereby fix annas per diem as the rate of the monthly
allowance for the subsistence of the said during his contentment
under this, warrant of committal.
GIVEN under my signature
and the seal of the Court, this day of
19
Judge.
No.15
ORDER FOR THE RELEASE OF A
PERSON IMPRISONED IN
EXECUTION OF A DECREE.(Sections 58,
59.)
(Title)
To
The Officer in charge of the Jail
at
UNDER orders passed this day, you are hereby directed to
set free judgment-debtor now in your
custody.
Dated
Judge.
No.16
ATTACHMENT
IN EXECUTION.
PROHIBITORY ORDER, WHERE THE PROPERTY TO BE
ATTACHED CONSISTS OF MOVABLE PROPERTY TO WHICH THE DEFENDANT IS
ENTITLED SUBJECT TO A LIEN OR RIGHT OF SOME OTHER PERSON TO THE
IMMEDIATE POSSESSION THEREOF.(O.21,
r.46.)
(Title)
TO
WHEREAS
has failed to
satisfy a decree passed against on the day of 19 , in Suit No. day
of 19 , In favour of for Rs. , It is ordered that the defendant be,
and is hereby, prohibited and restrained until the further order of
this Court, from receiving from the following property in the
possession of the said that is to say, , to which the defendant is
entitled , subject
to any claim of the said , and the said is
hereby prohibited and restrained, until the further order of this
Court, from delivering the said property to any person or persons
whom- soever
GIVEN under my hand and the seal of the Court,
this day
Judge.
No.17
ATTACHMENT IN
EXECUTION.
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF
DEBTS NOT SECURED BY NEGOTIABLE INSTRUMENTS. (O.21,
r.46.)
(Title)
To
WHEREAS
has failed to
satisfy a decree passed against on the day of 19 , in Suit
No
of 19 , in favour of for Rs.; It is ordered that the defendant be,
and is hereby, prohibited and restrained, until the further order of
this Court, from receiving from you a certain debt alleged now to he
due from you to the said defendant, namely, and that you, the said ,
be, and you are hereby, prohibited and restrained, until the further
order of this Court, from making payment of the said debt, or any
part thereof, to any person whomsoever or otherwise than into this
Court.
GIVEN under my hand and the seal of the Court, this
day of 19
Judge.
No.18
ATTACHMENT IN
EXECUTION.
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF
SHARES IN THE CAPITAL OF A CORPORATION.(O.21,
r.46.)
(Title)
To
Defendant and
to , Secretary
of Corporation.
WHEREAS has failed to satisfy a
decree
in Suit No.of 19 , in favour of for Rs.; It is ordered
that you, the defendant, be, and you are hereby, prohibited and
restrained, until the further order of this Court, from making any
transfer of shares m the aforesaid Corporation, namely, , or from
receiving payment of any dividends thereon; and.you, , the Secretary
of the said Corporation, are hereby prohibited and restrained from
permitting any such transfer or making any such
payment.
GIVEN under my hand and the seal of the Court, this
day of 19
Judge.
No.19
ORDER TO ATTACH SALARY
OF PUBLIC OFFICER OR SERVANT OF
RAILWAY COMPANY OR LOCAL
AUTHORITY.(O.21, r.48.)
(Title)
To
WHEREAS
judgment-debtor in the above-named case, is a (describe office of
judgment-debtor) receiving his salary (or allowances) at your hands,
and whereas , decree-holder in the said case, has applied In this
Court for the attachment of the salary (or allowances) of the said
to the extent of due to him under the decree; You are hereby
required to withhold the said sum of from the salary of the said in
monthly installments of and to remit the said sum (or monthly
instalments) to this Court.
GIVEN under my hand and the seal
of the Court, this day of
19.
Judge.
No.20
ORDER OF ATTACHMENT OF
NEGOTIABLE INSTRUMENT.
(O.21,
r.51.)
(Title)
To
The Bailiff of the
Court.
WHEREAS an order has been passed by this Court on the
day of 19, for the attachment of
; you are hereby directed to
seize
the said and bring the same into Court.
GIVEN
under my hand and the seal of the Court, this
day
Judge.
No.21
ATTACHMENT.
PROHIBITORY
ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN
THE CUSTODY OF A COURT OF JUSTICE OR {Subs.by the A.O.1937 for "
Officer of Govt.".} [PUBLIC OFFICER].(O 21, r.52
)
(Title)
To
SIR,
The plaintiff having
applied, under rule 52 of Order XXI of the Code of Civil Procedure,
1908, for an attachment of certain money now in your hands (here
state how the money is supposed to be in the hands of the person
addressed, on what account, etc.), I request that you will hold the
said money subject to the further order of this Court.
I have
the honour to be,
Sir,
Your most obedient
Servant.
Dated the day of
19.
Judge.
No.22
NOTICE OF ATTACHMENT OF A
DECREE TO THE COURT
WHICH PASSED IT.(O.21,
r.53.)
(Title)
To
The Judge of the Court
of
SIR,
I have the honour to inform you that the
decree obtained in your Court on the day of 19 , by
in Suit
No.of 19, in which he was and was has been attached by this Court on
the application of , the in the suit specified above.You are
therefore requested to stay the execution of the decree of your
Court until you receive an intimation from this Court that the
present notice has been cancelled or until execution of the said
decree is applied for by the holder of the decree now sought to be
executed or by his judgment-debtor.
I have the honour, etc.,
Dated the day of 19.
Judge.
No.23
NOTICE OF
ATTACHMENT OF A DECREE TO THE HOLDER OF THE DECREE.
(O.21,
r.53.)
(Title)
To
WHEREAS an application has
been made in this Court by the decree holder in the above suit for
the attachment of a decree obtained by you on the day of 19 , in the
Court of in Suit No.of 19 , in which was and was; It is ordered that
you, the said , be, and you are hereby, prohibited and restrained,
until the further order of this Court, from transferring or charging
the same in any way.
GIVEN under my hand and the seal of the
Court, this day of 19
Judge.
No.24
ATTACHMENT
IN EXECUTION.
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS
OF IMMOVABLE PROPERTY.(O.21,
r.54.)
(Title)
To
Defendant.
WHEREAS you have
failed to satisfy a decree passed against you on the day of 19 ,
in
Suit No. of 19 , in favour of It is ordered that you,
the
for Rs. , be, and you are hereby, prohibited and restrained,
until the further order of this Court, from transferring or charging
the property specified in the schedule hereunto annexed, by sale,
gift or otherwise, and that all persons be, and that they are
hereby, prohibited from receiving the same by purchase, gift or
otherwise.
GIVEN under my hand and the seal of the Court,
this day of
19.
Schedule
judge.
No.25
ORDER FOR
PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC., IN THE HANDS OF A
THIRD PARTY.(O.21, r.56.)
(Title)
To
WHEREAS
the following property has been attached in execution of a decree in
Suit No. of 19 , passed on the day of 19 , in favour of for Rs.; It
is ordered that the property so attached, consisting of Rs. in money
and Rs.in currency-notes, or a sufficient part thereof to satisfy
the said decree, shall be paid over by you, the said to
GIVEN
under my hand and the seal of the Court, this day
of
Judge.
No.26
NOTICE TO ATTACHING
CREDITOR.(O.21, r.58.)
(Title)
To
WHEREAS has
made application to this Court for the removal of attachment on
placed at your instance in execution of the decree in Suit No.of 19
, this is to give you notice to appear before this Court
on ,
the day of 19 either in person or by a pleader of the Court duly
instructed support your claim, as attaching creditor.
GIVEN
under my hand and the seal of the Court, this day Of
19.
Judge.
No.27
WARRANT OF SALE OF PROPERTY IN
EXECUTION OF A DECREE FOR MONEY (O.21,
r.66.)
(Title)
To
The Bailiff of the
Court.
THESE are to command you to sell by auction, after
giving days' previous notice, by affixing the same in this
Court-house, and after making due proclamation, the
property
attached under a warrant from this Court, dated the day of 19 , in
execution of a decree in favour of in Suit NO.of 19 , or so much of
the said property as shall realize the sum of Rs., being the of the
said decree and costs still remaining unsatisfied.
You are
further commanded to return this warrant on or before the day of 19
, with an endorsement certifying the manner in which it has been
executed, or the reason why it has not been executed.
GIVEN
under my hand and the seal of the Court, this day of
19
Judge.
No.28
NOTICE OF THE DAY FIXED FOR
SETTING A SALE PROCLAMATION.
(O.21,
r.66.)
(Title)
To Judgment-debtor.
WHEREAS in
the above-named suit , the decree-holder, has applied for the sale
of You are hereby informed that the day of 19 has been fixed for
settling the terms of the proclamation of sale.
GIVEN under
my hand and the seal of the Court, this day of
19.
Judge.
No.29
PROCLAMATION OF SALE.(O.21,
r.66.)
(Title)
Notice is hereby given that, under rule
64 of Order XXI of the Code of Civil Procedure, 1908, an order has
been passed by this Court for the sale of the attached property
mentioned in the annexed schedule, in satisfaction of the claim of
the decree-holder in the suit (1) mentioned in the margin, amounting
with costs and interest up to date of sale to the sum of
(1)
Suit No. of 19 , decided by the of in which was plaintiff and was
defendant.
The sale will be by public auction, and the
property will be put up for sale in the lots specified in the
schedule.The sale will be of the property of the judgment-debtors
above-named as mentioned in the schedule below; and the liabilities
and claims attaching to the said property, so far as they have been
ascertained, are those specified in the schedule against each
lot.
In the absence of any order of postponement, the sale
will be held by at the monthly sale commencing at o'clock on the
at.In the event, however, of the debt above specified and of the
costs of the sale being tendered or paid before the knocking down of
any lot, the sale will be stopped.
At the sale the public
generally are invited to bid, either personally or by duly
authorized agent.No bid by, or on behalf of, the judgment creditors
above-mentioned however, will be accepted, nor will any sale to them
be valid without the express permission of the Court previously
given.The following are the further
Conditions of
Sale
1.The particulars specified in the schedule below have
been stated to the best of the information of the Court, but the
Court will not be answerable for any error, mix-statement or
omission in this proclamation.
2.The amount by which the
biddings are to be increased shall be determined by the officer
conducting the sale.In the event of any dispute arising as to the
amount bid, or as to the bidder, the lot shall at once be again put
up to auction.
3.The highest bidder shall be declared to be
the purchaser of any lot, provided always that he is legally
qualified to bid, and provided that it shall be in the discretion of
the Court or officer holding the sale to decline acceptance of the
highest bid when the price offered appears so clearly inadequate as
to make it advisable to do so.
4.For reasons recorded, it
shall be in the discretion of the officer conducting the sale to
adjourn it subject always to the provisions of rule 69 of Order
XXI.
5.In the case of movable property, the price of each lot
shall be paid at the time of sale or as soon after as the officer
holding the sale directs, and in default of payment the property
shall forthwith be again put up and re-sold.
6.In the case of
immovable property, the person declared to be the purchaser shall
pay immediately after such declaration a deposit of 25 per cent.on
the amount of his purchase-money to the officer conducting the sale,
and in default of such deposit the property shall forthwith be put
up again and re-sold.
7.The full amount of the purchase-money
shall be paid by the purchaser before the Court closes on the
fifteenth day after the sale of the property, exclusive of such day,
or if the fifteenth day be a Sunday or other holiday, then on the
first office day after the fifteenth day.
8.In default of
payment of the balance of purchase-money within the period allowed,
the property shall be re-sold after the issue of a fresh
notification of sale.The deposit.after defraying the expenses of the
sale, may, if the Court thinks fit, be forfeited to Government and
the defaulting purchaser shall forfeit all claim to the property or
to any part of the sum for which it may be subsequently
sold.
GIVEN under my hand and the seal of the Court, this day
of 19
Schedule of Property
Number of Lot. Description
of The revenue Detail of any Claims if any
property to be sold,
assessed upon the ineumbrances to which have been
with the name
of estate or part of the which the property put forward to
each
owner where property to be sold is liable. the property and
there
are more is an interest In an any other known
judgment-debtors
estate or a part of particulars
than one. an estate paying
bearing on its
No.30
ORDER ON THE NAZIR FOR CAUSING
SERVICE OF PROCLAMATION OF SATE.
(O 21,
r.66.)
(Title)
To
The Nazir of the
Court.
WHEREAS an order has been made for the sale of the
property of the judgment-debtor specified in the schedule hereunder
annexed, and whereas the day of 19 , has been fixed for the sale of
the said property, copies of the proclamation of sale are by this
warrant made over to you, and you are hereby ordered to have the
proclamation published by beat of drum within each of the properties
specified in the said schedule, to affix a copy of the said
proclamation on a conspicuous part of each of the said properties
and afterwards on the Court-house, and then to submit to this Court
a report showing the dates on which and the manner in which the
proclamations have been published.
Dated the day of 19
.
Schedule
Judge.
NO.31
CERTIFICATE BY
OFFICER HOLDING A SATE OF THE DEFICIENCY OF PRICE ON A RE-SALE OF
PROPERTY BY REASON OF THE PURCHASER'S
DEFAULT.(O.21,
r.71.)
(Title)
Certified that at the re-sale of the
property in execution of the decree in the above-named suit, in
consequence of default on the part of , purchaser, there was a
deficiency in the price of the said property amounting to RS., and
that the expenses attending such re-sale amounted to RS., making a
total of RS. , which sum is recoverable from the
defaulter.
Dated the day of 19 .
Officer holding the
sale.
No.32
NOTICE TO PERSON IN POSSESSION OF MOVABLE
PROPERTY SOLD IN EXECUTION.
(O.21,
r.79.)
(Title)
To
WHEREAS
has become the
purchaser at a public sale in execution of the decree in the above
suit of now in your possession, you are hereby prohibited from
delivering possession of the said to any person except the
said
GIVEN under my hand and the seal of the Court, this day
of 19
Judge.
No.33
PROHIBITORY ORDER AGAINST
PAYMENT OF
DEBTS SOLD IN EXECUTION TO ANY OTHER THAN THE
PURCHASER.(O.21, r.79.)
(Title)
To and
to
WHEREAS has become the purchaser at a public sale in
execution of the decree in the above suit of being debts due from
you to you ; It is ordered that you be, and you are hereby,
prohibited from receiving, and you
from making payment of,
the said debt to any person or persons except the said
GIVEN
under my hand and the seal of the Court, this day
of
19
Judge.
No.34
PROHIBITORY ORDER AGAINST THE
TRANSFER
OF SHARES SOLD IN EXECUTION.(O.21,
r.79.)
(Title)
To
and , Secretary of
Corporation.
WHEREAS has become the purchaser at a public
sale in execution of the decree, in the above suit, of certain
shares in the above Corporation, that is to say, of standing in the
name of you
; It is ordered
that you be, and you are hereby,
prohibited from making any transfer of the said shares to any person
except the said the purchaser aforesaid, or from receiving any
dividends thereon; and you , Secretary of the said Corporation, from
permitting any such transfer or making any such payment to any
person except the said , the purchaser aforesaid.
GIVEN under
my hand and the seal of the Court, this day of
19
Judge.
No.35
CERTIFICATE TO
JUDGMENT-DEBTOR
AUTHORIZING HIM TO MORTGAGE LEASE OR SALE
PROPERTY (O 21, r.83.)
(Title)
WHEREAS in execution of
the decree passed in the above suit an order was made on the day of
19 , for
the sale of the under-mentioned property of the
judgment-debtor , and whereas the Court has, on the application of
the said judgment-debtor, postponed the said sale to enable him to
raise the amount of the decree by mortgage, lease or private sale of
the said property or of some part thereof:
This is to certify
that the Court cloth hereby authorize the said judgment-debtor to
make the proposed mortgage, lease or sale within a period of from
the date of this certificate; provided that all monies payable under
such mortgage, lease or sale shall be paid into this Court and not
to the said judgment-debtor.
Description of
property
GIVEN under my hand and the seal of the Court, this
day of 19
Judge.
No.36
NOTICE TO SHOW CAUSE WHY
SATE SHOULD
NOT BE SET ASIDE.
(O.21, rr.90,
92.)
(Title)
To
WHEREAS the under-mentioned
property was sold on the day of 19 , in execution of the decree
passed in the above-named suit, and whereas , the decree-holder [or
judgment-debtor], has applied to this Court to set aside the sale of
the said property on the ground of a material irregularity [or
fraud] in publishing [or conducting] the sale, namely,
that
Take notice that if you have any cause to show why the
said application should not be granted, you should appear with your
proofs in this Court on the day of 19 when the said application will
be heard and determined.
GIVEN under my hand and the seal of
the Court, this day Of 19
Description of
property
Judge.
No.37
NOTICE TO SHOW CAUSE WHY
SATE SHOULD NOT BE SET ASIDE.
(O.21, rr.91,
92.)
(Title)
To
WHEREAS , the purchaser of the
under-mentioned property sold on the day of
19 , in execution of
the decree passed in the above-named suit, has applied to this Court
to set aside the sale of the said property on the ground that , the
judgment-debtor, had no saleable interest therein:
Take
notice that if you have any cause to show why the said application
should not be granted, you should appear with your proofs in this
Court on the day of 19 , when the said application will be heard and
determined.
GIVEN under my hand and the seal of the Court,
this day of 19
Description of
property
Judge.
No.38
CERTIFICATE OF SALE OF
LAND.(O.21, r.94.)
(Title)
THIS is to certify that has
been declared the purchaser at a sale by public auction on the day
of 19 , of
in execution of decree in this suit, and that the said
sale has been duly confirmed by this Court.
GIVEN under my
hand and the seal of the Court, this day of
19
Judge.
No.39
ORDER FOR DELIVERY TO
CERTIFIED PURCHASER OF LAND AT
A SALE IN EXECUTION.(O.21, r,
95.)
(Title)
To
The Bailiff of the
Court.
WHEREAS has become the Certified purchaser of at a
sale in execution of decree in suit No.of 19 : You are hereby
ordered to put the said , the certified purchaser, as aforesaid, in
possession of the same.
GIVEN under my hand and the seal of
the Court, this day of 19.
Judge.
No.40
SUMMONS
TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING
EXECUTION: OF
DECREE.(O.21, r.97.)
(Title)
To
WHEREAS , the
decree-holder in the above suit, has complained to this Court the
you have resisted (or obstructed) the officer charged with the
execution of the warrant for possession:
You are hereby
summoned to appear in this Court on the day of 19 at A.M., to answer
the said complaint.
GIVEN under my hand and the seal of the
Court, this day of 19
Judge.
No.41
WARRANT OF
COMMITTAL.(O.21, r.98.)
(Title)
To
The Officer
in Charge of the Jail at
WHEREAS the under-mentioned property
has been decreed to the plaintiff in this suit, and whereas the
Court is satisfied that without any just cause resisted [or
obstructed] and is still resisting [or obstructing] the said in
obtaining possession of the property, and whereas the said has made
application to this Court that the said be committed to the civil
prison; You are hereby commanded and required to take and receive
the said , into the civil prison and to keep his imprisoned thereto
therein for the period of days.
GIVEN under my hand and the
seal of the Court, this day Of
19
Judge.
No.42
AUTHORITY OF THE COLLECTOR TO
STAY
PUBLIC SALE OF LAND.
(Section
72.)
(Title)
To
, Collector
of
Sir,
In answer to your communication NO., dated,
representing that the sale in execution of the decree in this suit
of land situate within your district is objectionable, I have the
honour to inform you that you are authorized to make provision for
the satisfaction of the said decree in the manner recommended by
you.
I have the honour to be,
SIR.
Your
obedient servant,
Judge.
APPENDIX
F
SUPPLEMENTAL PROCEEDINGS
No.1
WARRANT OF
ARREST BEFORE JUDGMENT.(O.38, r.1.)
(Title)
To
The
Bailiff of the Court.
WHEREAS ,
..................................................the plaintiff in
the above
suit claims the sum of RS.as noted in the
margin,
and has proved to the satisfaction of the Court that
there is probable cause for believing that the defendant
is about
to ;
These are to command you to demand and Principal receive
from the said
Interest the sum of Rs.as sufficient to satisfy the
plaintiff's claim, and unless the said sum of Rs.is forthwith
delivered to you by or on behalf of the said , to take the said into
custody, and to bring him before this Court, in order that he may
show cause why he should not furnish security to the amount of
Rs.for his personal appearance before the Court, until such time as
the said suit shall be fully and finally disposed of, and until
satisfaction of any decree that may be passed against him in the
suit.
Principal. .
Interest. .
Cost .
.
Total.
GIVEN under my hand and the seal of the
Court, this day of 19
Judge.
No.2
SECURITY FOR
APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT.
(O 38,
r.2.)
(Title)
WHEREAS at the instance of , the
plaintiff in the above suit, the defendant, has been arrested and
brought before the Court;
And whereas on the failure of the
said defendant to show cause why he should not furnish security for
his appearance, the Court has ordered him to furnish such
security:
Therefore I have voluntarily become surety and do
hereby bind myself, my heirs and executors, to the said Court, that
the said defendant shall appear at any time when called upon while
the suit is pending and until satisfaction of any decree that may be
passed against him in the said suit; and in default of such
appearance I bind myself, my heirs and executors, to pay to the said
Court, at its order, any sum of money that may be adjudged against
the said defendant in the said suit.
Witness my hand at this
day 19
of
(Signed.)
Witnesses.
1.
2.
No.3
SUMMONS
TO DEFENDANT TO APPEAR ON SURETY'S APPLICATION FOR
DISCHARGE.
(O.38, r.3.)
(Title)
To
WHEREAS ,
who became surety on the day of 19 , for your appearance in the
above suit, has applied to this Court to be discharged from his
obligation:
You are hereby summoned to appear in this Court
in person on the day of 19 , at A.M., when the said application will
be heard and determined.
GIVEN under my hand and the seal of
the Court, this day of 19
Judge.
No.4
ORDER FOR
COMMITTAL.(O.38.r.4.)
(Title)
To
WHEREAS ,
plaintiff in this suit, has made application to the Court that
security be taken for the appearance of , the defendant, to answer
any judgment that may be passed against him in the suit; and whereas
the Court has called upon the defendant to furnish such security, or
to offer a sufficient deposit in lieu of security, which he has
failed to do; it is ordered that the said defendant be committed to
the civil prison until the decision of the suit; or, if judgment be
pronounced against him, until satisfaction of the
decree.
GIVEN under my hand and the seal of the Court, this
day of 19
Judge.
No.5
ATTACHMENT BEFORE
JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILLMENT OF
DECREE.(O.38, r.5.)
(Title)
To
The Bailiff of
the Court.
WHEREAS has proved to the satisfaction of the
Court that the defendant in the above suit ;
These are to
command you to call upon the said defendant on or before the day of
19 , either to furnish security for the sum of rupees to produce and
place at the disposal of this Court when required or the value
thereof, or such portion of the value as may be sufficient to
satisfy any decree that may be passed against him; or to appear and
show cause why he should not furnish security; and you are further
ordered to attach the said and keep the same under safe and secure
custody until the further order of the Court; and you are further
commanded to return this warrant on or before the day of 19 , with
an endorsement certifying the date on which and the manner in which
it has been executed, or the reason why it has not been
executed.
GIVEN under my hand and the seal of the Court, this
day of 19
Judge.
No.6
SECURITY FOR THE
PRODUCTION OF PROPERTY.(O.38, r 5.)
(Title)
WHERE AS
at the instance of , the plaintiff in the above suit, the defendant
has been directed by the Court to furnish security in the sum of
Rs.to produce and place at the disposal of the Court the property
specified in the schedule , annexed:
Therefore I have
voluntarily become surety and do hereby bind myself, my heirs and
executors, to the said Court, that the said defendant shall produce
and place at the disposal of the Court, when required, the property
specified in the said schedule, or the value of the same, or such
portion thereof as may be sufficient to satisfy the decree; and in
default of his so doing, I bind myself, my heirs and executors, to
pay to the said Court, at its order, the said sum of Rs. or such sum
not exceeding the said sum as the said Court may
adjudge.
Schedule
Witness my hand at this day of
19
(Signed.)
Witnesses.
1.
2.
No.7
ATTACHMENT
BEFORE JUDGMENT, ON PROOF
OF FAILURE TO FURNISH SECURITY.(O.38,
r.6.)
(Title)
To
The Bailiff of the
Court.
WHEREAS , the plaintiff in this suit, has applied to
the Court to call upon .the defendant, to furnish security to fulfil
any decree that may be passed against him in the suit, and whereas
the Court has called upon the said to furnish such security, which
he has failed to do; These are to command you to attach , the
property of the said , and keep the same under safe and secure
custody until the further order of the Court; and you are further
commanded to return this warrant on or before the day of 19 , with
an endorsement certifying the date on which and the manner in which
it has been executed, or the reason why it has not been
executed.
GIVEN under my hand and the seal of the Court, this
day of 19
Judge.
No.8
TEMPORARY
INJUNCTIONS.(O.39, r.1.)
(Title)
Upon motion made unto
this Court by , Pleader of [or Counsel for] the plaintiff A.B., and
upon reading the petition of the said plaintiff in this matter filed
[this day] [or the plaint filed in this suit on the day of , or the
written statement of the said plaintiff filed on the day of ] and
upon hearing the evidence of and in support thereof [if after notice
and defendant not appearing : add, and also the evidence of as to
service of notice of this motion upon the defendant C.D.l: This
Court cloth order that an injunction be awarded to restrain the
defendant C.D., his servants, agents and workmen, from pulling down,
or suffering to be pulled down, the house in the plaint in the said
suit of the plaintiff mentioned [or in the written statement, or
petition, of the plaintiff and evidence at the hearing of this
motion mentioned], being No.9, Oilmongers Street, Hindupur, in the
Taluk of , and from selling the materials whereof the said house is
composed, until the hearing of this suit or until the further order
of this Court.
Dated this day of
19
Judge.
[Where the injunction is sought to restrain
the negotiation of a note or bill, the ordering part of the order
may run thus:—]
to restrain the defendants and from parting
with out of the custody of them or any of them or endorsing,
assigning or negotiating the promissory note [or bill of exchange]
in question, dated on or about the ,etc., mentioned in the
plaintiff's plaint [or petition] and the evidence heard at this
motion until the hearing of this suit, or until the further order of
this Court. :
[In Copyright cases] to restrain the defendant
C.D., his servants, agents or workmen, from printing publishing or
vending a book, called , or any part thereof, until the,
etc.
[Where part only of a book is to be
restrained]
to restrain the defendant C.D., his servants,
agents or work men from printing, selling or otherwise disposing of
such arts of the book in the plaint [or petition and evidence, etc.]
mentioned to have been published by the defendant as hereinafter
specified' namely, that part of the said book which is entitled and
also that part which is entitled [or which is contained in page to
page both inclusive] until , etc.
[In Patent cases] to
restrain the defendant C.D., his agents, servants and workmen, from
making or vending any perforated bricks [or as the case may be] upon
the principle of the inventions in the plaintiff's plaint [or
petition, etc., or written statement, etc., mentioned, belonging to
the plaintiffs, or either of them, during the remainder of the
respective terms of the patents in the plaintiff's plaint [or as the
case may be] mentioned, and from counterfeiting, imitating or
resembling the same inventions, or either of them, or making any
addition thereto, or subtraction therefrom, until the hearing,
etc.
[In cases of Trade marks] to restrain the defendant
C.D., his servants, agents or workmen, from selling, or exposing for
sale, or procuring to be sold, any composition or blacking [or as
the case may be] described as or purporting to be blacking
manufactured by the plaintiff A.B., in bottles having affixed
thereto such labels as in the plaintiff's plaint [or petition, etc.]
mentioned, or any other labels so contrived or expressed as, by
colourable imitation or otherwise, to represent the composition or
blacking sold by the defendant to be the same as the composition or
blacking manufactured and sold by the plaintiff A.B., and from using
trade-cards so contrived or expressed as to represent that any
composition or blacking sold or proposed to be sold by the defendant
is the same as the composition or blacking manufactured or sold by
the plaintiff A.B., until the, etc.
[To restrain a partner
from in any way interfering in the business]
to restrain the
defendant C.D., his agents and servants, from entering into any
contract, and from accenting, drawing, endorsing or negotiating any
bill of exchange, note or written security in the name of the
partnership-firm of B.and D., and from contracting any debt, buying
and selling any goods, and from making or entering to any verbal or
written promise, agreement or undertaking, and from doing or causing
to be done, any act, in the name or on the credit of the said
partnership-firm of B.and D., or whereby the said Partnership-firm
can or may in any manner become or be made liable to or for the
payment of any sum of money, or for the performance any contract,
promise or undertaking until the, etc.
No.(The number of the
form, originally misprinted as 6,
was corrected by Act 10 of
1914, s.2 and Sch.I.} [9]
APPOINTMENT OF A RECEIVER.(O.40,
r.1.)
(Title)
To
WHEREAS has been attached in
execution of a decree passed in the above suit on the day of 19 , in
favour of ; You are hereby (subject to your giving security to the
satisfaction of the Court) appointed receiver of the said property
under Order XL of the Code of Civil Procedure, 1908, with full
powers under the provisions of that Order.
You are required
to render a due and proper account of your receipts and
disbursements in respect of the said property on . You will be
entitled to remuneration at the rate of per cent upon your receipts
under the authority of this appointment.
GIVEN under my hand
and the seal of the Court, this day of
19
Judge.
No.{The number of the form, originally
misprinted as 7, was corrected by s.2
and Sch.I, ibid.}
[10]
BOND TO BE GIVEN BY RECEIVER.(O.40,
r.3.)
(Title)
KNOW all men by these presents, that we,
and and , are jointly and severally bound to of the Court of in RS.
to be paid to the said or his successor in office for the time
being.For which payment to be made we bind ourselves, and each of
us, in the whole, our and each of our heirs, executors and
administrators, jointly and severally, by these
Dated this
day of 19 .
Whereas a plaint has been filed in this Court by
against for the purpose of [here insert the object of suit]; And
whereas the said has been appointed, by order of the above-mentioned
Court, to receive the rents and profits of the immovable property
and to get in the outstanding movable property of in the said plaint
named:
Now the Condition of this obilication is such, that if
the above boundern shall duly account for all and every the sum and
sums, of money which he shall so receive in account of the rents and
profits of the immovable property, and in respect of the movable
property of the said at such periods as the said Court shall appoint
and shall duly pay the balances which shall from time to time be
certified to be due from him as the said Court hath directed or
shall hereafter direct, then this obligation shall be void,
otherwise it shall remain in full force.
Signed and delivered
by the above-bounder in the presence of
Note—If deposit of
money is made, the memorandum thereof should follow the terms of the
condition of the bond.
APPENDIX G
APPEAL, REFERENCE
AND REVIEW
No.1
MEMORANDUM OF APPEAL. (O.41,
r.1.)
(Title)
The above-named appeals to the Court at
from the decree of in Suit No. of 19 , dated the day of 19 , and
sets forth the following grounds of objection to the decree appealed
from, namely:—
No.2
SECURITY BOND TO BE GIVEN ON
ORDER
BEING MADE TO STAY EXECUTION OF DECREE.(O.41,
r.5.)
(Title)
To
THIS security bond on stay of
execution of decree executed by
witnesseth:—
That , the
plaintiff in Suit No. of : 19, having sued , the defendant, in this
Court and a decree having been passed on the day of 19 in favour of
the plaintiff, and the defendant having preferred an appeal from the
said decree in the Court, the said appeal is still
pending.
Now the plaintiff decree-holder having applied to
execute the decree, the defendant has made an application praying
for stay o execution and has been called upon to furnish
security.Accordingly I, of my own free will, stand security to the
extent of Rs. mortgaging the properties specified in the schedule
hereunto annexed and covenant that if the decree of the first Court
be confirmed or varied by the Appellate Court the said defendant
shall duly act in accordance with the decree of the Appellate Court
and shall pay whatever may be payable by him thereunder, and if he
should fail therein then any amount so payable shall be realized
from the properties hereby mortgaged, and if the proceeds of the
sale of the said properties are insufficient to pay the amount due,
I and my legal representatives will be personally liable to pay the
balance.To this effect I execute this security bond this day of 19
,
Schedule
Witnessed
by
1.
2.
No.3
SECURITY BOND TO BE GIVEN
DURING THE
PENDENCY OF APPEAL.
(O.41,
r.6.)
(Title)
To
THIS security bond on stay of
execution of decree executed by witnesseth:—
That , the
plaintiff in Suit No. of 19 having sued , the defendant, in this
Court and a decree having been passed on the day of 19 in favour of
the plaintiff and the defendant having preferred an appeal from the
said decree in the Court, the said appeal is still
pending.
Now the plaintiff decree-holder has applied for
execution of the said decree and has been called upon to furnish
security.Accordingly I, of my own free will, stand security to the
extent of Rs , mortgaging the properties specified in the schedule
hereunto annexed, and covenant that if the decree of the first Court
be reversed or varied by the Appellate Court, the plaintiff shall
restore any property \which may be or has been taken in execution of
the said decree and shall duly act in accordance with the decree of
the Appellate Court and shall pay whatever may be payable by him
thereunder, and if he should fail therein then any amount so payable
shall be realized from the properties hereby mortgaged, and if the
proceeds of the sale of the said properties are insufficient to pay
the amount due, I and my legal representatives will be personally
liable to pay the balance.To this effect I, execute this security
bond this
day of
19
Schedule
(Signed.)
Witnessed
by
1.
2.
No.4
SECURITY FOR COSTS OF
APPEAL. (O.41, r.10.)
(Title)
To
THIS security
bond for costs of appeal executed by
witnesseth:—
This
appellant has preferred an appeal from the decree in Suit No.of 19,
against the respondent, and has been called upon to furnish
security.Accordingly I, of my own free will, stand security for the
costs of the appeal, mortgaging the properties specified in the
schedule hereunto annexed.I shall not transfer the said properties
or any part thereof, and in the event of any default on the part of
the appellate, shall duly carry out any order that may be made
against me with regard to payment of the costs o appeal.Any amount
so payable shall be realized from the property.hereby mortgaged, and
if the proceeds of the sale of the said proper ties are insufficient
to pay the amount due, I and my legal representatives will be
personally liable to pay the balance.To this effect
I execute
this security bond this day of
19.
Schedule
(Signed.)
Witnessed
by
1.
2.
No.5
INTIMATION TO LOWER COURT
OF ADMISSION OF APPEAL.
(O.41,
r.13.)
(Title)
To
You are hereby directed to
take notice that the in the above suit, has preferred an appeal to
this Court from the decree passed by you therein on the day of
19.
You are requested to send with all practicable despatch
all material papers in the suit.
Dated the day of
19
Judge.
No.6
NOTICE TO RESPONDENT OF THE DAY
FIXED
FOR THE HEARING OF THE APPEAL
(O 41,
r.14.)
(Title)
APPEAL from the of the Court of dated
the day of 19.
To
Respondent.
TAKE notice that
an appeal from the decree of in this case has been presented by and
registered this Court, and that the day of 19 has been fixed by this
Court for the hearing of this appeal.
If no appearance is
made on your behalf by yourself, your pleader, or by some one by law
authorized to act for you in this appeal, it will be heard and
decided in your absence.
GIVEN under my hand and the seal of
the Court, this day of 19
Judge.
Note.--If a stay of
execution has been ordered, intimation should be given of the fact
on this notice.
No.7
NOTICE TO A PARTY TO A SUIT NOT
MADE A PARTY TO THE APPEAL
BUT JOINED BY THE COURT AS A
RESPONDENT.(O.41, r.20.)
(Title)
To
WHEREAS you
were a party in Suit No. of 19
in the Court of , and whereas
the
has preferred an appeal to this Court from the decree
passed against him in the said suit and it appears to this Court
that you are interested in the result of the said
appeal:
This is to give you notice that this Court has
directed you to be made a respondent in the said appeal and has
adjourned the hearing thereof till the day of 19 , at AM.If no
appearance is made on your behalf on the said day and at the said
hour the appeal will be heard and decided in your
absence.
GIVEN under my hand and the seal of the Court, this
day of19
Judge.
No.8
MEMORANDUM OF CROSS
OBJECTION.
(O.41, r.22.)
(Title)
WHEREAS the has
preferred an appeal to the Court at from the decree of in Suit No.
of 19 , dated the day of 19 , and whereas notice of the day fixed
for hearing the appeal was served on the on the day of 19 , the
files this memorandum of cross objection under rule 22 of Order XLI
of the Code of Civil Procedure, 1908, and sets forth the following
grounds of objection to the decree appealed from,
namely:—
No.9
DECREE IN APPEAL.(O.41,
r.35.)
(Title)
Appeal No. of 19 from the decree of the
Court of dated the day of 19
Memorandum of
Appeal.
Plaintiff.
Defendant.
The above-named
appeals to the Court at from the decree of in the above suit, dated
the day of 19 for the following reasons, namely:—
This appeal
coming on for hearing on the day of 19 , before , in the presence of
for the appellant and of for the respondent, it is
ordered—
The costs of this appeal, as detailed below,
amounting to Rs. , are to be paid by .The costs of the original suit
are to be paid by
GIVEN under my hand this day of
19
Judge.
Appellant Amount Respondent.
Amount
A. P. Rs. A. B.
1. Stamp for
memorandum of Stamp
for power.
appeal. .
2. Do. the
power . . Do. for
petition .
.
3. Services of
processes Service
for
processes. .
4. Pleader's fee
on Rs. . Pleader's fee
on
Rs. .
TOTAL. TOTAL. No.10
APPLICATION TO APPEAL
in forma pauperis.
(O.44, r.1.)
(Title)
I the
above-named, present the accompanying memorandum of appeal from the
decree in the above suit and apply to be allowed to appeal as a
pauper.
Annexed is a full and true schedule of all the
movable and immovable property belonging to me with the estimated
value thereof.
Dated the day of
19
(Signed.)
Note—Where the application is by the
plaintiff he should state whether he applied and was allowed to sue
in the Court of first instance as a
pauper.
No.11
NOTICE OF APPEAL in forma
pauperis.
(O.44, r.1.)
(Title)
WHEREAS the
above-named has applied to be allowed to appeal as a pauper from the
decree in the above suit dated the day of 19 and whereas the day of
19 has been fixed for hearing the application, notice is hereby
given to you that if you desire to show cause why the applicant
should not be allowed to appeal as a pauper an opportunity will be
given to you of doing so on the afore-mentioned date.
GIVEN
under my hand and the seal of the Court, this day
of
19
Judge.
No.12
NOTICE TO SHOW CAUSE WHY A
CERTIFICATE OF APPEAL TO THE {Subs.by the A.O.1950 for "king in
Council".} [SUPREME COURT] SHOULD NOT BE GRANTED.(O.45,
r.3.)
(Title)
To
TAKE notice that has applied
to this Court for a certificate that as regards amount or value and
nature the above case fulfils the requirements of section 110 of the
Code of Civil Procedure, 1908, or that it is otherwise a fit one for
appeal to 442[the Supreme Court].
The day of 19 is fixed for
you to show cause why the Court should not grant the certificate
asked for.
GIVEN under my hand and the seal of the Court,
this day
of 19
Registrar.
No.13
NOTICE TO
RESPONDENT OF ADMISSION OF APPEAL TO THE
{Subs.by ibid., for "His
Majesty in Council"} [SUPREME COURT].
(O.45,
r.8.)
(Title)
To
WHEREAS , , the
in the
above case, has furnished the security and made the deposit required
by Order XLV, rule 7, of the Code of Civil Procedure,
1908:
Take notice that the appeal of the said to {Subs by the
A O.1950 for "His Majesty in Council".} [the Supreme Court] has been
admitted on the day of 19
GIVEN under my hand and the seal of
the Court, this day of
19
Registrar.
No.14
NOTICE TO SHOW CAUSE WHY A
REVIEW SHOWED NOT BE GRANTED.
(O.47,
r.4.)
(Title)
To
TAKE notice that has applied
to this Court for a review of its decree passed on the day of 19 in
the above case.The day of 19 is fixed for you to show cause why the
Court should not grant a review of its decree in this
case.
GIVEN under my hand and the seal of the Court, this
day
of 19
Judge.
APPENDIX
H
MISCELLANEOUS
No.1
AGREEMENT OF PARTIES AS TO
ISSUE TO BE
TRIED.(O.14, r.6.)
(Title)
WHEREAS we,
the parties in the above suit, are agreed as to the question of fact
[or of law] to be decided between us and the point at issue between
us is whether a claim founded on a bond, dated the day of 19 and
filed as Exhibit in the said suit, is or is not beyond the statute
of limitation (or state the point at issue whatever it may
be):
We therefore severally bind ourselves that, upon the
finding of the Court in the negative [or affirmative] of such issue,
will pay to the said the sum of Rupees (or such sum as the Court
shall hold to be due thereon), and I, the said will accept the said
sum of Rupees (or such sum as the Court shall hold to be due) in
full satisfaction of my claim on the bond aforesaid [or that upon
such finding I, the said ,will do or abstain from doing, etc.,
etc.]
Plaintiff
Defendant.
Witnesses:—
1.
2.
Dated
the day of 19.
No.2
NOTICE OF APPLICATION FOR THE
TRANSFER OF A SUIT TO
ANOTHER COURT FOR TRIAL.
(Section
24.)
In the Court of the District Judge of No. of
19
To
WHEREAS an application, dated the day of 19 , has
been made to this Court by the in Suit NO. of 19 now pending in the
Court of the at , in which is plaintiff and is defendant, for the
transfer of the suit for trial to the Court of the at :—
You
are hereby informed that the day of 19 has been fixed for the
hearing of the application, when you will be heard if you desire to
offer any objection to it.
GIVEN under my hand and the seal
of the Court, this day of 19
Judge.
No.3
NOTICE
OF PAYMENT INTO COURT.(O.24, r.2.)
(Title)
TAKE notice
that the defendant has paid into Court Rs. and says that that sum is
sufficient to satisfy the plaintiff's claim in full.
X.Y.,
Pleader for the defendant.
To Z., Pleader for the
plaintiff.
No.4
NOTICE TO SHOW CAUSE.(GENERAL
FORM.)
(Title)
To
WHEREAS the above-named has
made application to this Court that;
You are hereby warned to
appear in this Court in person or by a pleader duly instructed on
the day of 19 , at o'clock in the forenoon, to show cause against
the application, failing wherein, the said application will be heard
and determined ex parse.
GIVEN under my hand and the seal of
the Court, this day
of
19
Judge.
No.5
PLAINTIFF
LIST OF DOCUMENTS
PRODUCED BY ---------------- (O.13,
r.1.)
DEFENDANT
(Title)
No. Description of
Document. Date if any which the Signature of party or
document
bears pleader.
1 2` 3 4
No.6
NOTICE TO PARTIES
OF THE DAY FIXED FOR EXAMINATION OF A
WITNESS ABOUT TO LEAVE THE
JURISDICTION.(O.18, r.16.)
(Title)
To
Plaintiff
(or defendant).
WHEREAS in the above suit application has
been made to the Court by that the examination of a witness required
by the said , in the said suit may be taken immediately; and it has
been shown to the Court's satisfaction that the said witness is
about to leave the Court's jurisdiction (or any other good and
sufficient cause to be stated):
TAKE notice that the
examination of the said witness will be taken by the Court on the
day of 19 .
Dated the day of 19
.
Judge.
No.7
COMMISSION TO EXAMINE ABSENT
WITNESS.
(O.26, rr.4,
18.)
(Title)
To
WHEREAS the evidence of is
required by the in the above suit; and whereas ;
you are
requested to take the evidence on interrogatories [or vivâ voce] of
such witness , and you are hereby appointed Commissioner for that
purpose.The evidence will be taken in the presence of the parties or
their agents if in attendance, who will be at liberty to question
the witness on the points specified, and you are further requested
to make return of such evidence as soon as it may be
taken.
Process to compel the attendance of the witness will
be issued by any Court having jurisdiction on your
application.
A sum of Rs. , being your fee in the above, is
herewith forwarded.
GIVEN under my hand and the seal of the
Court, this day of 19. Judge.
No.8
LETTER OF
REQUEST.(O.26, r.5.)
(Title)
(Heading:—To the
President and Judges of, etc., etc.; or as the case may
be.)
WHEREAS a suit is now pending in the in which A.B.is
plaintiff and C.D.is defendant; And in the said suit the plaintiff
claims
(Abstract of claim.)
And whereas it has been
represented to the said Court that it is necessary for the purposes
of justice and for the due determination of the matters in dispute
between the parties, that the following persons should be examined
as witnesses upon oath touching such matters, that is to
say:
E.F., of
G.H., of and
I.J., of
And it
appearing that such witnesses are resident within the jurisdiction
of your honourable Court;
Now I , as the of the said Court,
have the honour to request, and do hereby request, that for the
reasons aforesaid and for the assistance of the said Court, you, as
the President and the Judges of the said , or some one or more of
you, will be pleased to summon the said witness (and such other
witnesses as the agents of the said plaintiff and defendant shall
humbly request you in writing so to summon) to attend at such time
and place as you shall appoint before some one or more of you or
such other person as according to the procedure of your Court is
competent to take the examination of witnesses, and that you will
cause such witnesses to be examined upon the interrogatories which
accompany this letter of request (or vivâ voce) touching the said
matters in question in the presence of the agents of the plaintiff
and defendant, or such of them as shall, on due notice given, attend
such examination.
And I further have the honour to request
that you will be pleased to cause the answers of the said witnesses
to be reduced into writing, and all books, letters, papers and
documents produced upon such examination to be duly marked for
identification, and that you will be further pleased to authenticate
such examination by the seal of your tribunal, or in such other way
as is in accordance with your procedure, and to return the same,
together with such request in writing, if any, for the examination
of other witnesses to the said Court.
Note.—If the request is
directed to a Foreign Court, the words 'through {Subs.by the
A.O.1950 for "His Majesty's Secretary of State for Foreign
Affairs".} [the Ministry of External Affairs of the Government of
India] for transmission" should be inserted after the words "other
witnesses" in the last line of this
form.
No.9
COMMISSION FOR A LOCAL INVESTIGATION, OR TO
EXAMINE ACCOUNTS.
(O.26,
rr.9,11.)
(Title)
To
WHEREAS it is deemed
requisite, for the purposes of this suit, that a commission for
should be issued; You are hereby appointed Commissioner for the
purpose of
Process to compel the attendance before you of any
witnesses, or for the production of any documents whom or which you
may desire to examine or inspect, will be issued by any Court having
jurisdiction on your application.
A sum of Rs , being your
fee in the above, is herewith forwarded.
GIVEN under my hand
and the seal of the Court, this day of
19.
Judge.
No.10
COMMISSION TO MAKE A
PARTITION.(O.26, r.13.)
(Title)
To
WHEREAS it
is deemed requisite for the purposes of this suit that a commission
should be issued to make the partition or separation of the property
specified in, and according to the rights as declared in, the decree
of this Court, dated the day of 19 ; You are hereby appointed
Commissioner for the said purpose and are directed to make such
inquiry as may be necessary, to divide the said property according
to the best of your skill and judgment in the shares set out in the
said decree, and to allot such shares to the several parties.You are
hereby authorized to award sums to be paid to any party by any other
party for the purpose of equalizing the value of the
shares.
Process to compel the attendance before you of any
witness, or for the production of any documents, whom or which you
may desire to examine or inspect, will be issued by any Court having
jurisdiction on your application.
A sum of Rs. , being your
fee in the above, is herewith forwarded.
GIVEN under my hand
and the seal of the Court, this day
of
19.
Judge.
No.11
NOTICE TO MINOR DEFENDANT AND
GUARDIAN (O.32, r.3.)
(Title)
TO
Minor
Defendant.
Natural Guardian.
WHEREAS an application
has been presented on the part of the plaintiff in the above suit
for the appointment of a guardian for the suit to the minor
defendant, you, the said minor, and you (1) are hereby required to
take notice that unless within days from the service upon you of
this notice, an application is made to this Court for the
appointment of you (1) or of some friend of you, the minor, to act
as guardian for the suit, the Court will proceed to appoint some
other person to act as a guardian to the minor for the purposes of
the said suit.
(1) Here insert the name of guardian.
GIVEN
under my hand and the seal of the Court, this day of
19.
Judge.
No.12
NOTICE TO OPPOSITE PARTY OF
DAY FIXED FOR HEARING EVIDENCE
OF PAUPERISM.(O.33,
r.6.)
(Title)
TO
WHEREAS has applied to this
Court for permission to institute a suit against in formâ pauperis
under Order XXXIII of the Code of Civil Procedure, 1908; and whereas
the Court sees no reason to reject the application; and whereas the
day of
19 has been fixed for receiving such evidence as the
applicant may adduce in proof of his pauperism and for hearing any
evidence which may be adduced in disproof thereof:
Notice is
hereby given to you under rule 6 of Order XXXIII that in case you
may wish to offer any evidence to disprove the pauperism of the
applicant, you may do so on appearing in this Court on the said day
of 19.
GIVEN under my hand and the seal of the Court, this
day of 19.
Judge.
No.13
NOTICE TO SURETY OF HIS
LIABILITY UNDER A
DECREE.
(Section
145.)
(Title)
To
WHEREAS YOU did on become
liable as surety for the performance of any decree which might be
passed against the said defendant in the above suit; and whereas a
decree was passed on the day of 19 against the said defendant for
the payment of , and whereas application has been made for execution
of the said
decree against you:
Take notice that you are
hereby required on or before the day of 19 to show cause why the
said decree should not be executed against you, and if no sufficient
cause shall be, within the time specified, shown to the satisfaction
of the Court, an order for its execution will be forthwith issued in
the terms of the said application.
GIVEN under my hand and
the seal of the Court, this day of 19
.
Judge.
No.14
REGISTER OF CIVIL
SUITS.(O.4, r.2.)
COURT OF THE OF AT
REGISTER OF CIVIL SUITS
IN THE YEAR 19.
Plaintiff. Defendant Claim.
Appearance.
Date Num Na Des Pla N Desc Pla Part A Wh Day Pla
D
of er of e. ript e of me. iptio e of cul ount n the for ntiff.
f
plant suit. on. resi . resi rs. or cau part n
tion enc enc
val e of es to e
of . . e. acti app t.
plaint. n
ar.
acc
ued.
Judgment. Appeal.
Date. For whom. For
what, or amount. Date of decision of appeal. Judgment in
appeal.
Execution. Return of Execution.
Date of Date
of Against For Amount Amount paid Arrested. Minute of
applica
order. whom. what of costs. into Court other Return
ion. and than
Payment
amount, or Arrest, and
if date of every
money.
Return.
NOTE.---- Where there are numerous plaintiffs, or
numerous defendants the name of the first plaintiff only, or the
first defendant only, as the case may be need be entered in the
register.
No.15
REGISTER OF APPEALS.(O.41,
r.9.)
COURT (OR HIGH COURT) AT
REGISTER OF APPEALS
FROM DECREES IN THE YEAR 19.
Appellant.
Respondent.
Date of Number of Name. Descript Place of Name.
Descript Place
memorand appeal. on. residence. on. of
m.
reside
ce.
Decree appealed from. Appearance.
Judgment.
Of Num Parti Amo Day for Appella Respon Date.
Confirm For what
what er of ulars. nt or parties to t. ent. d,
or
Court. Origi value. appear. reversed amount.
al or
varied.
Suit.
THE SECOND SCHEDULE.—[Arbitration.] Rep.by
the Arbitration Act, 1940 (10 of 1940), s.49 (1) and
Sch.III.
THE THIRD SCHEDULE
EXECUTION OF DECREES BY
COLLECTORS
1.Power of collector.- Where the execution of a
decree has been transferred to the Collector under section 68, he
may—
(a) proceed as the Court would proceed when the sale of
immovable property is postponed in order to enable the
judgment-debtor to raise the amount of the decree; or
(b)
raise the amount of the decree by letting in perpetuity, or for a
term, on payment of a premium, or by mortgaging, the whole or any
part of the property ordered to be sold; or
(c) sell the
property ordered to be sold or so much thereof as may be
necessary.
2.Procedure of Collector in special causes.- Where
the execution of a decree, not being a decree ordering the sale of
immovable property in pursuance of a contract specifically affecting
the same, but being a decree for the payment of money in
satisfaction of which the Court has ordered the sale of immovable
property, has been so transferred, the Collector, if, after such
inquiry as he thinks necessary, he has reason to believe that all
the liabilities of the judgment-debtor can be discharged without a
sale of the whole of his available immovable property, may proceed
as hereinafter provided.
3.Notice to be given to
decree-holders and to persons having claims on property.- (1) In any
such case as is referred to in paragraph 2, the Collector shall
publish a notice, allowing a period of sixty days from the date of
its publication for compliance and calling upon—
(a) every
person holding a decree for the payment of money against the
judgment-debtor capable of execution by sale of his immovable
property and which such decree-holder desires to have so executed,
and every holder of a decree for the payment of money in execution
of which proceedings for the sale of such property are pending, to
produce before the Collector a copy of the decree, and a certificate
from the Court which passed or is executing the same, declaring the
amount recoverable thereunder;
(b) every person having any
claim on the said property to submit to the Collector a statement of
such claim; and to produce the documents (if any) by which it is
evidenced.
(2) Such notice shall be published by being
affixed on a conspicuous part of the court-house of the Court which
made the original order for sale, and in such other places (if any)
as the Collector thinks fit; and where the address of any such
decree-holder or claimant is known, a copy of the notice shall be
sent to him by post or otherwise.
4.Amount of decrees for
payment of money to be ascertained, and immovable property available
for their satisfaction.- (1) Upon the expiration of the said period,
the Collector shall of appoint a day for hearing any representations
which the judgment-debtor and the decree-holders or claimants (if
any) may desire to make, and for holding such inquiry as he may deem
necessary for informing himself as to the nature and extent of such
decrees and claims and of the judgment-debtor's immovable property,
and may, from time to time, adjourn such hearing and
inquiry.
(2) Where there is no dispute as to the fact or
extent of the liability of the judgment-debtor to any of the decrees
or claims of which the Collector is informed, or as to the relative
priorities of such decrees or claims, or as to the liability of any
such property for the satisfaction of such decrees or claims, the
Collector shall draw up a statement, specifying the amount to be
recovered for the discharge of such decrees, the order in which such
decrees and claims are to be satisfied, and the immovable property
available for that purpose.
(3) Where any such dispute
arises, the Collector shall refer the same, with a statement thereof
and his own opinion thereon, to the Court which made the original
order for sale, and shall, pending the reference, stay proceedings
relating to the subject thereof.The Court shall dispose of the
dispute if the matter thereof is within its jurisdiction, or
transmit the case to a competent Court for disposal, an the final
decision shall be communicated to the Collector, who shall then draw
up a statement as above provided in accordance with such
decision.
5.Where District Court may issue notices and hold
inquiry.- The Collector may, instead of himself issuing the notices
and holding the inquiry required by paragraphs 3 and 4, draw up a
statement specifying the circumstances of the Judgment-debtor and of
his immovable property so far as they are known to the Collector
appear in the records of his office, and forward such statement to
the District Court; and such Court shall thereupon issue the notice
hold the inquiry and draw up the statement required by paragraphs 3
and 4 and transmit such statement to the Collector.
6.Effect
of decision of Court as to dispute.- The decision by the Court of
any dispute arising under paragraph 4 or paragraph 5 shall, as
between the parties thereto, have the force of and be appealable as
a decree.
7.Scheme for liquidation of decrees for payment of
money.- (1) Where the amount to be recovered and the property
available have been determined as provided in paragraph 4 or
paragraph if 5, the Collector may,—
(a) if it appears that
the amount cannot be recovered without the sale of the whole of the
property available, proceed to sell such property; or
(b) if
it appears that the amount with interest (if any) in accordance with
the decree, and, when not decreed, with interest (if any) at such
rate as he thinks reasonable, may be recovered without such sale,
raise such amount and interest (notwithstanding the original order
for sale)—
(i) by letting in perpetuity or for a term, on
payment of a premium, the whole or any part of the said property;
or
(ii) by mortgaging the whole or any part of such property;
or
(iii) by selling part of such property; or
(iv) by
letting on farm, or managing by himself or another, the whole or any
part of such property for any term not exceeding twenty years from
the date of the order of sale; or
(v) partly by one of such
modes, and partly by another or others of such modes.
(2) For
the purpose of managing the whole or any part of such Property, the
Collector may exercise all the powers of its owner.
(3) For
the purpose of improving the saleable value of the property
available or any part thereof, or rendering it more suitable for
letting or managing, or for preserving the property from sale in
satisfaction of an incumbrance, the Collector may discharge the
claim of any incumbrancer which has become payable or compound the
claim any incumbrancer whether it has become payable or not, and,
for the purpose of providing funds to effect such discharge or
composition, may mortgage, let or sell any portion of the property
which he deems sufficient.If any dispute arises as to the amount due
on any incumbrance with which the Collector proposes to deal under
this clause, he may institute a suit in the proper Court, either in
his own name or the name of the judgment-debtor, to have an account
taken, or he may agree to refer such dispute to the decision of two
arbitrators, one to be chosen by each party, or of an umpire to be
named by such arbitrators.
(4) In proceeding under this
paragraph the Collector shall be subject to such rules consistent
with this Act as may, from time to time, be made in this behalf by
the State Government.
8.Recovery of balance (if any) after
letting or management.- Where, on the expiration of the letting or
management under paragraph 7, the amount to be recovered has not
been realized, the Collector shall notify the fact in writing to the
judgment-debtor or his representative in interest, stating at the
same time that, if the balance necessary to make up the said amount
is not paid to the Collector within six weeks from the date of such
notice, he will proceed to sell the whole or a sufficient part of
the said property; and, if on the expiration of the said six weeks
the said balance is not so paid, the Collector shall sell such
property or part accordingly.
9.Collector to render accounts
to Court.- (1) The Collector shall, from time to time, render to the
Court which made the original order for sale an account of all
monies which come to his hands and of all charges incurred by him in
the exercise and performance of the powers and duties conferred and
imposed on him under the provisions of this schedule, and shall hold
the balance at the disposal of the Court.
(2) Such charges
shall include all debts and liabilities from time to time due to the
Government in respect of the property or any part thereof, the rent
(if any) from time to time due to a superior holder in respect of
such property or part, and, if the Collector so directs, the
expenses of any witnesses summoned by him.
(3) The balance
shall be applied by the Court—
(a) in providing for the
maintenance of such members of the judgment-debtor's family (if any)
as are entitled to be maintained out of the income of the property,
to such amount in the case of each member as the Court thinks fit;
and
(b) where the Collector has proceeded under paragraph 1,
in satisfaction of the original decree in execution of which the
Court ordered the sale of immovable property, or otherwise as the
Court may under section 73 direct ; or
(c) where the
Collector has proceeded under paragraph 2,—
(i) in keeping
down the interest on incumbrances on the property;
(ii) where
the judgment-debtor has no other sufficient means of subsistence, in
providing for his subsistence to such amount as the Court thinks
fit; and
(iii) in discharging rateably the claims of the
original decree-holder and any other decree-holders who have
complied with the said notice, and whose claims were included in the
amount ordered to be recovered.
(4) No other holder of a
decree for the payment of money shall be entitled to be paid out of
such property or balance until the decree-holders who have obtained
such order have been satisfied and the residue (if any) shall be
paid to the judgment-debtor or such other person as the Court
directs.
10.Sales how to be conducted.- Where the Collector
sells any property under this schedule, he shall put it up to public
auction in one or more lots, as he thinks fit, and may—
(a)
fix a reasonable reserved price for each lot :
(b) adjourn
the sale for a reasonable time whenever, for reasons to be recorded,
he deems the adjournment necessary for the purpose of obtaining a
fair price for the property;
(c) buy in the property offered
for sale, and re-sell the same by public auction or private
contract, as he thinks fit.
11.Restrictions as to alienation
by judgment debtor or his representative, and prosecution or
remedies by decree-holders.- (1) So long as the Collector can
exercise or perform in respect of the judgment-debtor's immovable
property, or any part thereof, any of the powers or duties conferred
or imposed on him by paragraphs 1 to 10, the judgment-debtor or his
representative in interest shall be incompetent to mortgage, charge,
lease or alienate such property or part except with the written
permission of the Collector, nor shall any Civil Court issue any
process against such property or part in execution of a decree for
the payment of money.
(2) During the same period no Civil
Court shall issue any process of execution either against the
judgment-debtor or his property in respect of any decree for the
satisfaction whereof Provision has been made by the Collector under
paragraph 7.
(3) The same period shall be excluded in
calculating the period of limitation applicable to the execution of
any decree affected by the provisions of this paragraph in respect
of any remedy of which the decree-holder has been temporarily
deprived.
12.Provision where property is in several
districts.- Where the property of which the sale has been ordered is
situate in more districts than one, the powers and duties conferred
and imposed on the Collector by paragraphs 1 to 10 shall be
exercised and performed by such one of the Collectors of the said
districts as the State Government may by general rule or special
order direct.
13.Powers of Collector to compel attendance and
production.- In exercising the powers conferred on him by paragraphs
1 to 10 the Collector shall have the powers of a Civil Court to
compel the attendance of parties and witnesses and the production of
documents.
THE FOURTH SCHEDULE.—[Enactment's amended] Rep.by
the Repealing and Amending Act, 1952 (48 of 1952), s.2 and
Sch.I.
THE FIFTH SCHEDULE.—[Enactments repealed.] Rep.by the
Second Repealing and Amending Act, 1914 (17 of 1914),s.3 and
Sch.II.
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