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Dated the . . . . . . . . . day of . . . . . . . . . 19...]

No. 5

Notice to Person who, the Court Considers, should be added as Co-Plaintiff



(O. 1, R. 10.)

(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 . . . . . . . . . 19...,

Judge.


No. 6

Summons to Legal Representative of a Deceased Defendant

(O. 22, R. 4.)

(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.

No. 7


Order for Transmission of Summons for Service in the Jurisdiction of another Court

(O. 5, R. 21.)

(Title)

Whereas it is stated that



defendant/witness in the above suit is at present residing in . . . . . . . . . : It is ordered that a summons returnable on the day of . . . . . . . . . 19..., be forwarded to the Court of . . . . . . . . . for service on the said defendant/witness with a duplicate of this proceeding.

The court-fee of . . . . . . . . . chargeable in respect to the summons has been realised in this Court in stamps.Dated . . . . . . . . . 19 . . .

Judge.

No. 8


Order for Transmission of Summons to be Served on a Prisoner

(O. 5, R. 25.)

(Title)

To

The Superintendent of the Jail at



Under the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, 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

(O. 5, RR. 27, 28.)

(Title)


To

Under the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forward 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

(O. 5, R. 23.)

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 form will be applicable to process other than summons, the service of which may have to be effected in the same manner.



No. 11

Affidavit Of Process-service To Accompany Return Of A Summons Or Notice

(O. 5, R. 18.)

(Title)


The Affidavit of . . . . . . . . . . . ., son of . . . . . . . . . make oath/affirm

I . . . . . . . . .

and say as follows:-

(1) I am a process-server of this Court.

(2) On the . . . . . . . . . day of . . . . . . . . . 19... I received a summons/notice issued by the Court . . . . . . . . . in Suit No. . . . . . . . . . of 19..., in the said Court, dated the . . . . . . . . . day of . . . . . . . . . 19 . . . , for service on . . . . . . . . .

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

(a)

(b)


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

(b) Signature of process-server.

or,

(3) The said . . . . . . . . . . . . . . . . . . not being personally known to me . . . . . . . . . . . . . . . accompanied me to the said summons/notice on his/her on the . . . . . . . . . day of . . . . . . . . . 19 . . . , at about. . . . . . . . . . . . . . . o'clock in the . . . . . . . . . . . . . noon at . . . . . . . . . . . . . . . by tendering a copy thereof to him/her and requiring his /her signature to the original summons/notice.



(a)

(b)


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

(b) Signature of process-server.

or,

(3) The said . . . . . . . . . . . . . . . and the house in which 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, rules 15 and 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, rule 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... before me this

Empowered under section 139 of the Code

of Civil Procedure, 1908, to administer the

oath to deponents.

No. 12

Notice To Defendant



(O. 9, R. 6.)

(Title)


To

[Name, description and place of residence.]

Whereas this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this Court and you did not so appear, but 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 . . . . . . . . . 19...

Judge.


No. 13

Summons To Witness

(O. 16, RR. 1, 5.)

(Title)


To

Whereas your attendance is required to . . . . . . . . . on behalf of the . . . . . . . . . in the above suit, you are hereby required [personally] to appear before this Court on the . . . . . . . . . day of . . . . . . . . . 19 . . . at . . . . . . . . . o'clock in the forenoon, and to bring with you [or to send to this . . . . . . . . . Court].

A sum of Rs. . . . . . . . . . , being your travelling 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 give 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

(O. 16, R. 10)

(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 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the . . . . . . . . .. . . . . . day of . . . . . . . . . . . . . . . 19 . . . . . . . . . . at . . . . . . . . . o'clock in the forenoon and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.



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

Judge.


No. 15

Proclamation Requiring Attendance Of Witness

(O. 16, R. 10.)

(Title)


To

Whereas it appears from the examination on oath of the serving officer that the 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 . . . . ..

Judge.


No. 16

Warrant Of Attachment Of Property Of Witness

(O. 16, R. 10.)

(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 . . . . . . . . . day of . . . . . . . . . . . .. . . 19 . . . . . .

Judge.

No. 17


Warrant Of Arrest Of Witness

(O. 16, R. 10.)

(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

(O. 16 R. 16.)

(Title)


To

The Officer in charge of the Jail at

Whereas the plaintiff (or defendant) in the above-named suit has made application to this Court that security be taken 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...

Judge.

No. 19


Warrant Of Committal

(O. 16, R. 18.)

(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

(O. 11, R. 1.)

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

A.B. . . . . Plaintiff,

against

C. D. E. F. and G. H . . . . . . . . . Defendants.



Upon hearing . . . . . . . . . and upon reading the affidavit of . . . . . . . . . filed the . . . . . . . . . day of . . . 19 . . . . . . . . . It is ordered that the . . . . . . . . . be at liberty to deliver to the . . . . . . . . . . . . . . . . . . .interrogatories in writing, 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

(O. 11, R. 4.)

(Title as in No. 1, supra.)

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

1. Did not, etc.

2. Has not, etc. . . . . . . . . . etc., . . . . . . . . . etc., . . . . . . . . . etc.

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

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

No. 3

Answer To Interrogatories



(O. 11, R. 9.)

(Title as in No. 1, supra.)

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

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

1.

2. Enter answers to interrogatories in paragraphs numbered consecutively.DJ0



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

No. 4


Order for Affidavit as to Documents

(O. 11, R. 12.)

(Title as in No. 1, supra.)

Upon hearing . . . . . . . . . ; It is 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

Affidavit as to Documents



(O. 11, R. 13.)

(Title as in No. 1, supra.)

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

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

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

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

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

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

No. 6

Order to Produce Documents for Inspection



(O. 11, R. 14.)

(Title as in No. 1, supra).

Upon hearing . . . . . . . . . and upon reading the affidavit of . . . . . . . . . filed the day of . . . . . . . . . 19... It is ordered that the . . . . . . . . . do, at all reasonable times, on reasonable notice, produce at . . . . . . . . . situate at . . . . . . . . . , the following documents, namely, . . . . . . . . . , and that the . . . . . . . . . be at libery to inspect and persue the documents so produced, and to make notes of their contents. In the meantime, it is ordered that all further proceedings be stayed and that the costs of this application be.

No. 7


Notice to Produce Documents

(O. 11. R. 16)

(Title as in No. 1, supra.)

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

[Describe documents required.]

X. Y., Pleader for the

To Z., Pleader for the.

No. 8


Notice to Inspect Documents

(O. 11, R. 17.)

(Title as in No. 1. supra.)

Take notice that you can inspect the documents mentioned in your notice of the . . . . . . . . . day of . . . . . . . . . 19... except the documents numbered in that notice] at [insert place of inspection] on Thursday next, . . . . . . . . . . . . . the instant, between the hours of 12 and 4 o'clock.

Or, that the [plaintiff or defendant] objects to giving you inspection of documents mentioned in your notice of the . . . day of . . . . . . . . . 19... on the ground that [State the ground].

No. 9


Notice to Admit Documents

(O. 12, R. 3.)

(Title as in No. 1, supra.)

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

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

[or defendant]

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

[Here describe the documents and specify as to each document whether it is original or a copy.]

No. 10

Notice to Admit Facts



(O. 12, R. 5.)

(Title as in No. 1, supra.)

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

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

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

The facts, the admission of which is required, are:—

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

2. That he died intestate.

3. That N. was his only lawful son.

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

5. That O. was never married.

No. 11


Admission of Facts Pursuant to Notice

(O. 12, R. 5.)

(Title as in No. 1, supra.)

The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or 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].

Facts admitted

Qualification or limitation, if any, subject to which they are admitted

1. That M. died on Ist January, 1890

2. That he died intestate

3. That N. was his lawful son

4. That O. Died

5. That O. was never married.

1.

2.



3. But not that he was hid only lawfulo son .

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