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(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 of or person 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 Share 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 Authorising him to Mortgage Lease or Sell 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 doth 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 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 Sale should not be Set Aside

(O. 21, R. 90, 92)

(Title)


To

Whereas the under-mentioned property was sold on the . . . . . . day of . . . . . . . . . 19 . . ., in execution of the decree passed in the abovenamed suit, and whereas . . . . . . . . . , the decree-holder [or judgement-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 Sale should not be Set Aside

(O. 21, R. 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 determiend.

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 that 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 he 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 him imprisoned 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 authorised to make provision for the satisfaction of the said deree 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 receive from the said . . . . . . . . . the sum of Rs. . . . . . . . . . as sufficint 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.

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

Judge.

Principal



Interest

Costs


Total

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 of . . . . . . . . . 19 . . .

(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 this obligation:

You are hereby summoned to appear in this Court in person on the . . . . . . . . . day of . . . . . . . . . 19. . . , at . . . . . . . . . a.m., where 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 had 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

Fulfilment 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 . . . . . . . . . for 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 retun 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)


Whereas 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 hereunto 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. . . . . . . . . . of 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 plaintiffA. 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: and, and also, the evidence of . . . . . . . . . as to service of notice of this motion upon the defendantC.D.]: This Court doth order that an injunction be awarded to restrain the defendantC.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 a Taluk of . . . . . . . . . and from selling the materials where of the said house is composed, until the hearing of this suit of 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 defendant . . . . . . . . . and . . . . . . . . . from parting without of the custody of them or any of them or endorsing, assigning or negotiating the promisory 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 defendantC.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 defendantC.D., his servant, agents or workmen, from printing, publishing, selling or otherwise disposing of such parts 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 defendantC. 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 substraction therefrom, until the hearing, etc.

[In cases of Trade marks] . . . . . . . . . to restrain the defendantC.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 plaintiffA.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 plaintiffA.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 plaintiffA.B., until the, etc.

[To restrain a partner from in any way interfering in the business]

to restrain the defendantC.D., his agents, and servants, from entering into any contract, and from accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the partnership firm ofB. andD., and from contracting any debt, buying and selling any goods, and from making or entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, any act, in the name or the credit of the said partnership-firm ofB. andD., 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 of any contract, promise or undertaking until the, etc.

No. 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. 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 be 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 presents.



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 obligation is such, that if the above-bounden . . . . . . . . . shall duly account for all and every the sum and sums of money which he shall so receive on 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-bounden in the presence of . . . . . . . . . . . . .

Note.—If deposit of money is made, the memorandum thereof should follow the terms and the condition of the bond.

APPENDIX G

APPEAL, REFERENCE AND REVIEW

No. 1

Memornadum of Appeal



(O. 4l, 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:—

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