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




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(Title)

To,


WHEREAS It appears from the examination on oath of the serving office that (he summons has been duly served upon the witness, and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such. summons This proclamation is therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued, requiring the attendance of the witness in this Court on the____ day of___ 19, at____O'clock in the forenoon and from day to day until he shall have leave to depart and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.

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

NO. 16 WARRANT OF ATTACHMENT OF PROPERTY OF
WITNESS
(Title)

To

The Bailiff of the Court.



WHEREAS the witness ______ cited by____ has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court, you are hereby directed to hold under attachment ____property belonging to the said witness to the value of _____and to submit a return, accompanied with an inventory thereof, within ___days.

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

NO. 17 WARRANT OF ARREST OF WITNESS
(Title)

To

The Bailiff of the Court.



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

You are further ordered to return this warrant on or before the ____day of___19 with an endorsement certifying the day on 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. 18 WARRANT OF COMMITTAL
(Title)
To

The Officer in charge of the Jail at____.

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

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

NO. 19. WARRANT OF COMMITTAL
(Title)

To

The Officer in charge of the Jail at___.



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

GIVEN under my hand and the seal of the Court, this___day of 19___.

Judge

APPENDIX C


DISCOVERY, INSPECTION AND ADMISSION
NO.1. ORDER FOR DELIVERY OF INTERROGATORIES

In the Court of Civil Suit No. ____ of 19__.

A. B. … …. …. Plaintiff
against

C.D. E.F. and G. H. … Defendants.

Upon hearing____ and upon reading the affidavit ___of___ filed the___day of 19__

It is ordered that the____ be at liberty to deliver to the interrogatories in writing, and that the said___ do answer the interrogatories as prescribed by Order XI, rule 8, and that the costs of this application be____.

NO. 2 INTERROGATORIES
(Title)

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

1. Did not, etc.
2. Has not, etc. -
etc. etc. etc.

(The defendant E. F. is required to answer the interrogatories numbered).


(The defendant G.H. is required to answer the interrogatories numbered).

NO. 3 ANSWER TO INTERROGATORIES


(Title as in No. I supra)

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


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

1. Enter answers to interrogatories in paragraph numbered.
2. consecutively

3. I object to answer the interrogatories numbered____on the ground that (state grounds of objection).

NO. 4. ORDER FOR AFFIDAVIT AS TO DOCUMENTS
(Title as in No. I supra)

Upon hearing___ do within ___ days it is ordered that the___do within____days from the date of this order, answer on affidavit stating which documents are or have been in his possession or power relating to the matter in question in this suit, and that the costs of this application be _____.

NO. 5 ORDER FOR AFFIDAVIT AS TO DOCUMENTS
(Title as in No. I supra)

I. the above-named defendant C. D. make oath and say as follows:-

1. I have in my possession or power the documents relating to the, matters in question in this suit set forth in the first and second parts of the first schedule hereto.

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

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

4. The last-mentioned were lost in my possession or power an (state and what has become of them and in whose possession they now are].

5. According to the best of my knowledge, information and belief I have not now, and never had, in my possession, custody or power or in the possession, custody or power of my pleader or agent, or in the possession, custody or power of any other person on my behalf, any account, book of account, voucher, receipt, letter memo randum, paper or writing, or any copy of or extract from any such document, or any other document whatsoever, relating to the matters in question in this suitor any of them, or wherein any entry, has been made relative to such matters or any of them, other than and except the documents set forth in the said first and second schedules hereto.

NO. 6 ORDER TO PRODUCE DOCUMENTS FOR INSPECTION


(Title as in No. I supra)

Upon hearing _____ and upon reading the affidavit of___ filed the___ day of___ 19, It is ordered that the ____ do at all reasonable times on reasonable notice, produce at ____situate at_____ the following documents, namely____ and that the___ be at liberty to inspect and peruse the documents so produced and to make notes of their contents. In the meantime it is ordered that all further proceedings be stayed and that the costs of this application be ___.


NO 7. NOTICE TO PRODUCE DOCUMENTS


(Title as in No. I supra)

Take notice that the [plaintiff or defendant] requires you to produce for his inspection the following documents referred to in your [plaint or written statement or affidavit, dated the___ day of 19__.

[Describe documents required]
(X.Y. Pleader for the
To Z. Pleader for the

NO. 8 NOTICE TO INSPECT DOCUMENTS


(Title as in No. I supra)

Take notice that you can inspect the documents mentioned in your notice of the___day of19___ [except the documents numbered____in that notice) at [insert place of Inspection) on___ Thursday next, the___ instant between the hours of 12 and 4 O'clock.

Or, that the [plaintiff of defendant) objects to giving you inspection of documents mentioned in your notice of the ____ day____ 19, on the ground that (state the ground):-

NO. 9 NOTICE TO ADMIT DOCUMENTS


(Title as in No. I supra)

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


G. H. Pleader [or agent] for plaintiff (or defendant):

To E. F., pleader (or agent for defendant).

(here describe the documents and specify as to each document whether it is original or a copy)

NO. 10. NOTICE TO ADMIT FACTS


(Title as in No. I supra)

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

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

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


The facts, the admission of which is required, are:-
1. That M died on the 1st January, 1890.
2. That he died intestate.
3. That N was his only lawful son.
4. That O died on the 1st April, 1996.
5. That O was never married.

NO. II; ADMISSON OF FACTS PURSUANT TO NOTICE


(Title as in No. 1 supra)

The defendant (or plaintiff) in this suit, for the purposes of this suit only, hereto admits the several facts respectively hereunder specified subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of any such facts, or any of them, as evidence in this suit:

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

E. F. pleader (or agent) for defendant (or plaintiff)

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

 

 



 

 


NO. 12 NOTICE TO PRCDUCE (GENERAL FORM)
(Title as in No. I supra)

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

G. H. pleader [or agent] for plaintiff (or defendant)
To E. F. pleader [or agent for defendant it (or plaintiff)

APPENDIX D

DECREE
NO. 1 DECREE IN ORIGINAL SUIT
(Title)

Claim for ____.

This suit coming on this day for final disposal before___ in the presence____ for the plaintif and of___ for the defendant, it is ordered and decreed that___ and that the sum of Rs.___ be paid by the ___ to the ___ on account of the costs of this suit, with interest thereon at the rate of per cent ___ per annum from this date to date of realization.

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

Judge
Costs of Suits

 

 



 

 

 



NO. 2. SIMPLE MONEY DECREE (Section 34)
(Title)

Claim for_____

This suit coming on___ this day for final disposal before in the presence of___ for the plaintiff and of___ for the defendant, it is ordered that the ___ do pay to the ___ the sum of Rs. ____ with interest thereon at the rate of ___per cent per annum from___
to the date of realization of the said sum and do also pay Rs. ____ the costs of this suit, with interest thereon at the rate of____ per cent per annum from this date to the
date of realization.

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

Judge
NO. 3 PRELIMINARY DECREE FOR FORECLOSURE
Order XXXIV rule, 2 --Where accounts are directed to be taken)
(Title)

This suit coming on this_____ day. etc. It is hereby ordered and decreed that it be referred to ____as the Commissioner to take the accounts of following:-

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

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

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

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

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

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

4. And it is hereby further ordered and decreed-

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

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

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


SCHEDULE
NO. 3A. PRELIMINARY DECREE FOR FORECLOSURE


(Order XXIV, rule 2 -Where the Court declares amount due)
(Title)

This suit coming on this__ day etc. It is hereby declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to this___ day of____as the sum Rs.____ for the sum of Rs.___ for principal, the sum of Rs.___ for interest on the principal, the sum of Rs. ___ for costs charges and expenses (other than the costs of the suit property incurred by the plaintiff in respect of the mortgage security, together with interest thereon, and the sum of Rs. ___ for the costs of the suit awarded to the plaintiff, making in all the sum of Rs. ____.

It is hereby ordered and decreed as follows:-

That the defendant do pay into court on or before the ___ day of ____ or any later date up to which time for payment may be extended to the court of the said sum of Rs. ____.

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

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


SCHEDULE
Description of the mortgage property

No. 4 FINAL DECREE FOR FORECLOSURE
(Order XXXIV, rule 3)
(Title)

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

It is hereby ordered and decreed that the defendant and all, persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned; (if the defendant be in possession of the said mortgaged property that the defendant shall deliver to the plaintiff quite and peaceable possession of the said mortgaged property.

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

No 5 PRELIMINARY DECREE FOR SALE
(Order XXXIV, rule 4 -Where accounts are directed to be taken)
(Title)

This suit coming on this _____ day, etc , it is hereby ordered and decided that it be referred to _____ as the Commissioner to take the accounts following:

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

 


  Facts admitted.

1. That M died on the 1st January 1890

2. That he died intestate

3. That N was his lawful son

4. That O died

5. That O was never married.

Qualifications or limitations, if any, subject to which they are admitted.

1.

2.

3. But not that he was his only lawful son.

4. But not that he died on the 1st April, 1896

5.




Plaintiff

Defendant

            

 

1. Stamp for plaint

 

2. Do for power

 

3. Do for exhibits

 

4. Pleader's fee on Rs.

 






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