Code of Civil Procedure, 1908. Act no. V of 1908 [21st March 1908]




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2. The defendant does not admit that the said carriage was turned o of (Wood 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 several 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 carriage of the goods claimed from (Lahore) to (Karachi):-


45 maunds at Rs. 2 per maund

No. 8 DEFENCE IN SUITS FOR INFRINGE 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 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. DEFENCES IN SUITS RELATING TO NUISANCES

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

2. The plaintiff's lights will not be materially 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 laches of which the following are particulars:-


1870. Plaintiff's 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 damage to the plaintiff. [if other grounds are relied on, they must be stated, e.g., limitation as to post damage.].

NO. II. 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 Indian Limitation Act, 1877.

4. The following payments have been made viz.,
Rs.
(Insert late) … … 1,000
(insert date) ... … 500

5. The plaintiff took possession on the of______of_____.

6. That plaintiff released the debt on the______.

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 Indian Limitation Act, 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 mortgaged debt and property comprised in the mortgage to A. B.

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. II (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. will contained a charge of debts he died insolvent: he was entitled at his death to some immovable property which the defendant sold and which produced the net sum of Rs.____ and the testator had some movable property which the defendant got in, and which produced the net sum of Rs.____.

2. The defendant applied the whole of the said sums and the sum of Rs.___ which the 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 [or of the Hindu Wills Act, 1870].

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 fraud of the plaintiff (and others acting with him whose names are at present unknown to the defendant].

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

5. The deceased at the time of the execution of the said will (or of the contents of the residuary clauses in the said will as the case may be).

6. The deceased made his true will, dated the 1st January 1873 there by appointed the defendant sole executor thereof.

The defendant claim:-

(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
(Title of suit)

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

(here set out the particulars ordered in paragraphs if necessary)
APPENDIX B
PROCESS

NO. I. SUMMONS FOR DISPOSAL OF SUIT,


(Title)

To

Name, description and place of residence



WHEREAS

has instituted a suit against you for________you are hereby summoned to appear in this court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of___19 , at___

O'clock in the noon, to answer the claim and as the day fixed for your appearance is appointed for the final, disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence.

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

Given under my hand and the seal of the Court, this____day of____19

Judge


NOTICE: Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.

2. If you admit the claim, you should pay the money into Court together with the costs of the suit to avoid execution of the decree, which may be against your person or property or both.

S1ND. Insert the following note in red ink in forms 1, 2. 3, 5 and 6:-

Also take notice that in default of your filling an address for service on or before the date mentioned you are liable to have your defence struck out.


NO. 2. SUMMONS FOR SETTLEMENT OF ISSUES


(Title)

To

(Name, description and place of residence)



WHEREAS
Has instituted a suit against you for_____ you are hereby summoned to appear in this court in person, or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of___19 , at___O' clock in the noon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence to file on or before that date your written statement.

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

GIVEN under my hand and the seal of the Court, this____ day___of___19

Judge


NOTICE: Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.

2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.

SIND Sea the Local Amendment of Sind for Form No I Appendix B

NO. 3 SUMMONS TO APPEAR IN PERSON


(Name, description and place of residence)

To

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 ___ 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.

GIVEN under my hand and the seal of the court this day of ____ 19

SIND See the Local Amendment of Sind for Form NO. 1 Appendix B.

NO. 4 SUMMON IN SUMMARY SUIT ON NEGOTIABLE INSTRUMENT


(Title)
To,
(Name, description and place of residence)

WHEREAS _____ has institute 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 from the service hereof to, appear, and defend the suit, and 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 with such interest, if any, from 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-PLAINTIFF.
(Title)

To

(Name, description and place of residence)



WHEREAS_____has instituted the above suit against______for______and whereas it appears necessary that you should be added as a plaintiff in the said suit in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved:

Take notice that you should on or before the____day of___ 19, signify to this Court whether you consent to be so added.

GIVEN under my hand and the seal of the Court, this ___day of_____.

Judge
SIND. The Local Amendment of Sind for Form No. I, Appendix B.

NO. 6. SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT
(Title)

To

WHEREAS the plaintiff_____instituted a suit in this Court on____the___ day of___ 19 , against the defendant who has since deceased, and whereas the said plaintiff has made an application to this Court alleging that you are the legal representative of the said deceased, and desiring that you be made the defendant in his stead. You are hereby summoned to attend in this Court on the____day of____19, at_____a.m. to defend the said suit and in default of your appearance on the day specified, the said suit will be heard, and determined in your absence.



GIVEN under my hand and the seal of the Court, this____day____of ___19

Judge


SIND: The Local Amendment of Sind for Form No. I. Appendix B.

NO 7. ORDER OR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICI ION OF ANOTHER COURT


(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. ORDERED FOR TRANSMISSION OF SUMMONS
TO BE SERVED ON A PRISONER
(Title)

The Superintendent of the Jail at____

UNDER the provisions of Order V rule 24 of the Code of Civil Procedure 1908 a summons in duplicate is herewith forwarded for service on the defendant who is a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you.

Judge


NO. 9. ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED
ON A PUBLIC SERVANT OR SOLDIER.
(Title)

To

UNDER the provisions of Order V, Rule 27 (or 28 as the case may be) of the Code of Criminal Procedure, 1908 a summons in duplicate is herewith forwarded for service on the defendant___ who is stated to be serving under you. You are requested to cause a copy of the said summons to be served upon the, said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you.



Judge

NO. 10 TO ACCOMPANY RETURNS OF SUMMONS OF


ANOTHER COURT
(Title)

Read proceeding from the_____ forwarding ______ for service on____ in Suit No.___of 19__ of that Court.

Read Serving officer's endorsement stating that the_____ and proof of the above having been duly taken by me on the oath of ___ and____ it is ordered that the ____be returned to the____with a copy of this proceeding.

Judge


NOTE: This from will be applicable to process other summons, the service which may have to be effected in the same manner.

No. 11 AFFIDAVIT OF PROCESS TO ACCOMPANY RETURN


OF A SUMMONS OR NOTICE
(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, received a summons notice issued by the Court of ___ in Suit No. ___of 19 for service on ____.

(3) The said___ was at the time personally known to me and I served the said summons/notice on him/her on the ___ day of ___ 19, at about___ O clock in the ___ noon at_____ by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice.

(a)
(b)

(a) Here state whether the person served signed or refused to sign the process and in whose presence.

(b) Signature of process-server.
or
(3) The said____ not being personally known to me _______ accompanied me to___ and pointed out to me a person whom he stated to be the said ___ and I at about____ O clock in the __ non at ___ by tendering a copy thereof to him /her and requiring his/her signature to the original summons/notice.

(a)
(b)

(a) Here state whether the person served signed or refused to sign the process and in whose presence.

(b) Signature of process-server.

Or
(3) The said____ and the house in which he ordinarily resides being personally known to me, I went to the said house, in___ and thereon the ___ day of __ 19 at about___ O clock in the ___ noon, I did not find the said.
(a)
(b)

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


(b) Signature of process-server.
or.

(3) One___ accompanied me to ___ and there pointed out to me___ which he said was the house in which ___ ordinarily resides. I did not find the said ____ there.

(a)
(b)

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


(b) Signature of process-server.
or,
If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service.

Sworn/Affirmed by the said____ before me this___ day of ___ 19,

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

LAHORE
Substitute the following form as amended:-

No. II. AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN
OF A SUMMONS OR NOTICE
(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 summons/notice issued by the Court of


of ____in Suit No. _____ day 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 copy thereof to him/her and requiring his/her signature to the original summons/notice.

(a)
(b)

(a) Here state whether the person served, signed or refused to sign the process and in


whose presence.

(b) Signature of process-server.

Or

(3) The said ___ not being personally known to me ______ accompanied 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 copy thereof to him/her and requiring his/her signature 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 his house in which he ordinarily resides being personally known to me/pointed out to me by ____ I went to the said house in ______and there on the ___ day of ____ o clock in the fore/after noon I did not find the said___ I enquired

a)
b) Neighbors

I was told that ____ had gone___ and would not be back till____

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.



____ before me this____ day of ___ 19, .

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


N.W.F.P


Substitute the following for the third and fourth parts of (3) in form No. 11:-

(3) The said___ and his house in which he ordinarily resides being personally known to me/pointed out to me I went to the said house in ____ and there on the day of ___ 19, at about ___ o clock in the fore/after noon, I did not find the said___ I was told that ___ had gone to ____ and would not be back till____.

Signature of Process server
NO. 12 NOTICE TO DEFENDANT
(Title)

WHEREAS this day was fixed for the hearing of the above Suit and a summons was Issued to you and the plaintiff has appeared In this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons;

Notice is hereby given to you that the hearing of the suit is adjourned this day and that the day of 19 is now fixed for the hearing of the same; in default of your appearance on the day last mentioned the suit will be heard and determined in your absence.

GIVEN under my hand and the seal of the Court, this____ day___ of 19__

Judge
No. 13 SUMMONS TO WITNESS
(Title)
To

WHEREAS your attendance is required to _____ on behalf of the ____ in the above suit, you are hereby required (personally) to appear this court on the day ___of___ 19 ,


O'clock in the forenoon, and to bring with you (or to send to this ___ court).

A sum of Rs.___ being your traveling and other expenses and subsistence allowance for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908.

GIVEN under my hand and the seal of the Court, this ___day____of__19

Judge


NOTICE: (1) If you are summoned only to produce a document and not to evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.

(2) If you are detained beyond the day aforesaid, a sum of Rs._____


will be tendered to you for each day's attendance beyond the day specified.

NO. 14. PROCLAMATION REQUIRING ATTENDANCE OF WITNESS


(Title)
To

WHEREAS it appears from the examination on oath of the serving officer that the summons could not be served upon the Witness in the manner prescribed by law and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons This proclamation is therefore, under rule to Order of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness In this court on to 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
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