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Injunction against Building Higher than Old Level

(Title)


Let the defendant. . . ., his contractors, agents and workmen, be perpetually restrained from continuing to erect upon his premises in. . . . . . any house or building of a greater height than the buildings which formerly stood upon his said premises and which have been recently pulled down, so or in such manner as to darken, injure or obstruct such of the plaintiff's windows in his said premises as are ancient lights.

No. 16


Injunction Restraining Use of Private Road

(Title)


Let the defendant. . . . . . . . . , his agents, servants and workmen, be perpetually restrained from using or permitting to be used any part of the lane at. . . . . . . . . , the soil of which belongs to the plaintiff, as a carriage-way for the passage of carts, carriages or other vehicles, either going to or from the land marked B in the annexed plan or for any purpose whatsoever.

No. 17


Preliminary Decree in an Administration-Suit

(Title)


It is ordered that the following accounts and inquiries be taken and made; that is to say—

In creditor's suit—

1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased.

In suits by legatees—

2. That an accounts be taken of the legacies given by the testator's will,

In suits by next-of-kin—

3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled to as next-of-kin [or one of the next-of-kin] of the intestate.

[After the first paragraph, the decree will, where necessary, order, in a creditor's suit, inquiry and accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first paragraph and such of the others as may be necessary will follow, omitting the first formal words. The form is continued as in a creditor's suit.]

4. An account of the funeral and testamentary expenses.

5. An account of the movable property of the deceased come to the hands of the defendant, or to the hands of any other person by his order or for his use.

6. An inquiry what part (if any) of the movable property of the deceased is outstanding and undisposed of.

7. And it is further ordered that the defendant do, on or before the. . . . . . day of. . . . . . next, pay into, Court all sums of money which shall be found to have come to his hands, or to the hands of any person by his order or for his use.

8. And that if the. . . . . . [473]shall find it necessary for carrying out the objects of the suit to sell any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid into Court.

9. And that Mr. E.F. be receiver in the suit (or proceeding) and receive and get in all outstanding debts and outstanding movable property of the deceased, and pay the same into the hands of the . . . . . . 1(and shall give security by bond for the due performance of his duties to the amount. . . . . . . . . .rupees)

10. And it is further ordered that if the movable property of the deceased be found insufficient for carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that is to say—

(a) an inquiry what immovable property the deceased was seized of or entitled to at the time of his death;

(b) an inquiry what are the incumbrances (if any) affecting the immovable property of the deceased or any part thereof;

(c) an account, so far as possible, of what is due to the several incumbrancers, and to include a statement of the priorities of such of the incumbrancers as shall consent to the sale hereinafter directed.

11. And that the immovable property of the deceased, or so much thereof as shall be necessary to make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the Judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale and subject to the incumbrances of such of them as shall not consent.

12. And it is ordered that G.H. shall have the conduct of the sale of the immovable property, and shall prepare the conditioins and contacts of sale subject to the approval of the. . . . . .[474] and that in case any doubt or difficulty shall arise the papers shall be submitted to the Judge to settle.

13. And it is further ordered that, for the purpose of the inquiries hereinbefore directed, . . the . . . . . . . 1.shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in any other way which shall appear to the . . . . . . . . .1to give the most useful publicity to such inquiries.

14. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts ordered to be done be completed, before the day of . . . . . . . and that the . . . . . . . .1do certify the result of the injuries, and the accounts, and that all other acts ordered are completed, and have his certificate in that behalf ready for the inspection of the parties on the day of

15. And, lastly, it is ordered that this suit [or proceedings] stand adjourned for making final decree to the day of

[Such part only of this decree is to be used as is applicable to the particular case.]

No. 18

Final Decree in an Administration-Suit by a Legatee



(Title)

1. It is ordered that the defendant. . . .do, on or before the. . . . . . .day of. . . . . . ., pay into Court the sum of Rs. . . . . . ., the balance by the said certificate found to be due from the said defendant on account of the estate of. . . . . . . . . . . ., the testator and also the sum of Rs. . . . . . for interest, at the rate of Rs. . . . . . .per cent per annum, from the. . . .day of. . . . . . to the. . . .day of. . . ., amounting together to the sum of Rs. . . . . . . . . . . .

2. Let the. . . . . . . . . 1 of the said Court tax the costs of the plaintiff and defendant in this suit, and let the amount of the said costs, when so taxed, be paid out of the said sum of Rs. . . . . . . . . . . . ordered to be paid into Court as aforesaid, as follows:—

(a) The costs of the plaintiff to Mr. . . . . . ., his attorney [or pleader] or and the costs of the defendant to Mr. . . . . . , his attorney [or pleader].

(b) And (if any debts are due) with the residue of the said sum of Rs. . . . . . after payment of the plaintiff's and defendant's costs as aforesaid let the sums, found to be owing to the several creditors mentioned in the,. . . . . . .schedule to the certificate, of the. . . . . . .1 together with subsequent interest on such of the debts as bear interest, be paid; and, after making such payments, let the amount coming to the several legatees mentioned in the schedule, together with subsequent interest (to be verified as aforesaid), be paid to them.

3. And if there should then be any residue, let the same be paid to the residuary legatee.

No. 19

Preliminary Decree in an Administration-Suit by a Legatee, where an Executor is held Personally Liable for the Payment of Legacies



(Title)

1. It is declared that the defendant is personally liable to pay the legacy of Rs. . . . . . bequeathed to the plaintiff.

2. And it is ordered that an account be taken of what is due for principal and interest on the said legacy.

3. And it is also ordered that the defendant do, within. . . .weeks after date of the certificate of the. . . . . . [475] pay to the plaintiff the amount of what the. . . . . . shall certify to be due for principal and interest.

4. And it is ordered that the defendant do pay the plaintiff his cost of suit, the same to be taxed in case the parties differ.

No. 20


Final Decree in an Administration-Suit by Next-of-Kin

(Title)


1. Let the. . . . . . .1 of the said Court tax the costs of the plaintiff and defendant in this suit, and let the amount of the said plaintiff's costs, when so taxed, be paid by the defendant to the plaintiff out of the sum of Rs. . . . . . , the balance by the said certificate found to be due from the said defendant on account of the personal estate of E.F., the intestate, within one week after the taxation of the said costs by the said . . . . . . . . . 1, and let the defendant retain for her own use out of such sum her costs, when taxed.

2. And it is ordered that the residue of the said sum of Rs. . . . . . after payment of the plaintiff's and defendant's costs as aforesaid, be paid and applied by defendant as follow:—

(a) Let the defendant, within one week after the taxation of the said costs by the. . . . . . 1as aforesaid, pay one-third share of the said residue to the plaintiffs A.B., and C.D., his wife, in her right as the sister and one of the next-of-kin of the said E.F., the instestate.

(b) Let the defendant retain for her own use one other third share of said residue, as the mother and one of the next-of-kin of the said E.F., the intestate.

(c) And let the defendant, within one week after the taxation of the said costs by the . . . . . . . . . .1as aforesaid, pay the remaining one-third share of the said residue to G.H., as the brother and the other next-of-kin of the said E.F., the intestate.

No. 21


Preliminary Decree in a Suit for Dissolution of Partnership and the Taking of

Partnership Accounts

(Title)

It is declared that the proportionate shares of the parties in the partnership are as follows:—



It is declared that this partnership shall stand dissolved [or shall be deemed to have been dissolved] as from the. . . .day of. . . . . . ., and it is ordered that the dissolution thereof as from that day be advertised in the . . . . . . .Gazette, etc.

And it is ordered that. . . . . . be the receiver of the partnership-estate and effects in this suit and do get in all the outstanding book-debts and claims of the partnership.

And it is ordered that the following accounts be taken:—

1. An account of the credits, property and effects now belonging to the said partnership;

2. An account of the debts and liabilities of the said partnership;

3. An account of all dealings and transactions between the plaintiff and defendant, from the foot of the settled account exhibited in this suit and marked (A), and not disturbing any subsequent settled accounts.

And it is ordered that the goodwill of the business heretofore carried on by the plaintiff and defendant as in the plaint mentioned, and the stock-in-trade, be sold on the premises, and that the. . . . . . Here insert name of proper officer.

may, on the application of any of the parties, fix a reserved bidding for all or any of the lots at such sale, and that either of the parties is to be at liberty to bid at the sale.

And it is ordered that the above accounts be taken, and all the other acts required to be done be completed, before the . . . . . . . . . .day of. . . . . . ., and that the. . . . . . . . . 1 do certify the result of the accounts, and that all other acts are completed, and have his certificate in that behalf ready for the inspection of the parties on the. . . . . . . . . day of. . . . . . .

And, lastly, it is ordered that this suit stand adjourned for making a final decree to the . . . . . . . . . .day of . . . . . . . . . . . . .

No. 22

Final Decree in a Suit for Dissolution of Partnership and the Taking of



Partnership Accounts

(Title)


It is ordered that the fund now in Court, amounting to the sum of Rs. . . , be; applied as follows:—

1. In payment of the debts due by the partnership set forth in the certificate of the. . . . . .. . 1amounting in the whole to Rs.. . . . . . . . . . . .

2. In payment of the costs of all parties in this suit, amounting to Rs. . . . . . . . . . . . . .

[These costs must be ascertained before the decree is drawn up.]

3. In payment of the sum of Rs. . . . . . to the plaintiff as his share of the partnership-assets, of the sum of Rs. . . . . . ., being the residue of the said sum of Rs. . . .now in Court to the defendant as his share of the partnership-assets.

[Or, And that, the remainder of the said sum of Rs. . . .be paid to the said plaintiff (or defendant) in part payment of the sum of Rs. . . . . . certified to be due to him in respect of the partnership-accounts.]

4. And that the defendant [or plaintiff] do on or before the. . . .day of. . . . . . pay to the plaintiff [or defendant] the sum or Rs. . . . . . being the balance of the said sum of Rs. . . . . . due to him, which will then remain due.

No. 23


Decree for Recovery of Land and Mesne Profit

(Title)


It is hereby decreed as follows:—

1. that the defendant do put the plaintiff in possession of the property specified in the schedule hereunto annexed.

2.That the defendant do pay to the plaintiff the sum of Rs. . . .with interest thereon at the rate of. . . . . . .per cent per annum to the date of realization on account of mesne profits which have accrued due prior to the institution of the suit.

Or

2. That an inquiry be made as to the account of mesne profits which have accrued due prior to the institution of the suit.



3. That an inquiry be made as to the amount of mesne profits from the institution of the suit until [the delivery of possession to the decree-holder] [the relinquishment of possession by the judgment-debtor with notice to the decree -holder through the Court] [the expiration of three years from the date of the decree].

Schedule


APPENDIX E

EXECUTION

No. 1

Notice to Show Cause Why a Payment or Adjustment should not be Recorded as Certified



(O 21, R. 2)

(Title)


Whereas in execution of the decree in the above-named suit. . . . . . .has applied to this Court that the sum of Rs. . . . . . recoverable under the decree has been paid/adjusted and should be recorded as certified, this is to give you notice that you are to appear before this Court on the. . . . . . . . . day of . . . . . . . . . 19. . . . . . ., to show cause why the payment/adjustment aforesaid

should not be recorded as certified.

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

No. 2


Precept

(Section 46)

(Title)

Upon hearing the decree-holder it is ordered that this precept be sent to the Court of. . . . . . . . . .at. . . . . . . . . . . . under section 46 of the Code of Civil Procedure, 1908, with directions to attach the property specified in the annexed schedule and to hold the same pending any application which may be made by the deree-holder for executive of the decree.



No. 3

Order Sending Decree for Execution to another Court

(O. 21, R. 6)

(Title)


Whereas the decree-holder in the above suit has applied to this Court for a certificate to be sent to the Court of. . . . . . . . at . . . . . . . for execution of the decree in the above suit by the said Court, alleging that the judgment-debtor resides or has property within the local limits, of the jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is

Ordered :

That a copy of this order be sent to . . . . . . . . with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction.

Dated the . . . . . . . . . day of . . . . . . . 19 . . . .,

Judge

No. 4


Certificate of Non-Satisfaction of Decree

(O. 21, R. 6.)

(Title)

Certified that no[476] satisfaction of the decree of this Court in suit No. . . . . . . . of 19 . . . ., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court.



Dated the . . . . . . . . . day of . . . . . . . 19 . . . .,

Judge


No. 5

Certificate of Execution of Decree Transferred to Another Court

(O. 21, R. 6)

(Title)


No of suitn and the Court by which decree was passed

Name of parties

Date of application for execution

Number of the execution case

Processesissued and dates of services thereof

Costs of execution

Amount realized

How the case is disposed of

Remarks

1

2



3

4

5



6

7

8



9

Rs.


a.

p.

Rs.



a.

p.

Signature of Maharir incharge 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 :

No. of Suit

Name of parties

Date of Decree

Whether any appeal preferred from decree

Payment of adjustment made, if any

Previous application, if any, with date and result

Amount with interest due upon the decree or other relief granted thereby together with particular, of any cross decree

Amount of costs, if any, awarded

Against whom to be executed

Mode in which the assistance of the Court is required.

1

2



3

4

5



6

7

8



9

10

789 of 1897



A.B.—Plaintiff

C.D.—Defendant

October 11, 1897

No.


None.

Rs.72-4-0 recorded on application dated the 4th March, 1899.

Rs. 314-8-2 principal[interest at 6 per cent, per annum, from date of decree till payment].

Rs. a. p.

As awarded in the decree 47 10 4

Subsequently incurred 8 2 0

Against the defendant C.D.

[When attachment and sale of movable property is sought.]

I pray that the total amount of Rs…………[together with interest on the principal sum up to date of payment] and the cost of taking out this execution, be realised by attachment and sale of defendant's movable property as per annexed list and paid to me.

[When attachment and sale of immovable property is sought.]

I pray that the total amount of Rs……………[together with interest on the principal sum up to date of payment] and the cost of taking out this execution, be realised by attachment and sale of defendant's immovable property specified at the foot of this application and paid to me.

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



(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 transferred to him by assignment [477][or without 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. 8

Warrant of Attachment for Movable Property in Execution of a 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 . . . . . . . ., and unless the said . . . . . . . shall pay to you the said sum of Rs. . . . . . . . together with Rs. . . . . . . . , the cost of this attachment, to hold the same until further orders from this Court.

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 why it has not been executed.

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

Schedule


Judge.

Decree


Principal

Interest


Costs

Further interest

Total

No. 9


Warrant for Seizure of Specific Movable Property Adjudged by Decree

(O. 21, R. 31)

(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 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 (or a . . . . . . . share of the said movable property) and to deliver it to the plaintiff or to such person as he may appoint in this behalf.

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

Schedule


Judge

.

No. 10



Notice to State Objection 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 the Court may execute on your behalf a deed of . . . . . . ., whereof a draft is hereunto annexed, of the immovable property specified hereunder, and that the . . . . . . . . . day of . . . . . . . 19 . . . ., 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 of . . . . . . . 19 . . . .,

Judge.

No. 11


Warrant to the Belief 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.

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