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No. 2

Security Bond to be Given on Order Being Made to Stay Execution of Decree



(O. 41, R. 5)

(Title)


To

This security bond on stay of execution of decree executed by . . . . . . . . . witnesseth:—

That . . . . . . . . . , the plaintiff in Suit No. . . . . . . . . . of 19 . . . having sued . . . . . . . . . , the defendant, in this Court and a decree having been passed on the . . . . . . . . . day of . . . . . . . . . 19 . . . , in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the . . . . . . . . . Court, the said appeal is still pending.

Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application praying for stay of execution and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs. . . . . . . . . ., mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate Court the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail theein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this . . . . . . . . . day of . . . . . . . . 19. . .

Schedule

(Signed)


Witnessed by

1.

2.



No. 3

Security Bond to be Given During the Pendency of Appeal

(O. 41, R. 6)

(Title)


To

This security bond on stay of execution of decree executed by witnesseseth:—

That . . . . . . . . . , the plaintiff in Suit No. . . . . . . of . . . 19 . . . , having sued, the defendant, in this Court and a decree having been passed on the . . . day of . . . 19 . . ., in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the Court, the said appeal is still pending.

Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs. . . . , mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this . . . . . . . . . day of . . . . . . . . . 19 . . . .

Schedule

(Signed)


Witnessed by

1.

2.



No. 4

Security for Costs of Appeal

(O. 4l, R. 10)

(Title)


To

This security bond for costs of appeal executed by . . . . . . . witnesseth:—

This appellant has preferred an appeal from the decree in Suit No. . . . . . . . . . of . . . 19 . . ., against the respondent, and has been called upon to furnish security. Accordingly I, of my own free will stand security for the costs of the appeal, mortgaging the properties specified in the Schedule hereunto annexed. I shall not transfer the said properties or any part thereof, and in the event of any default on the part of the appellant. I shall duly carry out any order that may be made against me with regard to payment of the costs of appeal. Any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this . . . . . . . . . day of . . . . . . . . . 19 . . .

Schedule


(Signed)

Witnessed by

1.

2.

No. 5



Intimation to Lower Court of Admission of Appeal

(O. 4l, R. 13)

(Title)

To

You are hereby directed to take notice that . . . . . . . . . , the . . . . . . . . . in the above suit, has preferred an appeal to this Court from the decree passed by you therein on the . . . day of . . . . . . . . . 19 . . .



You are requred to send with all practicable despatch all material papers in suit.

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

Judge.

No. 6


Notice to Respondent of the Day Fixed for the Hearing of the Appeal

(O. 4l, R. 14)

(Title)

Appeal from the . . . . . . . . . of the Court . . . . . . . . . of . . . . . . . . . the . . . . . . . . . day of . . . . . . . 19 . . .



To Respondent

Take notice that an appeal from the decree of . . . . . . . . . in this case has been presented by . . . . . . . . . and registered in this Court, and that the . . . . . . . . . day of . . . . . . . . . 19 . . . . . . . . . has been fixed by this Court for the hearing of this appeal.

If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorized to act for you in this appeal, it will be heard and decided in your absence.

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

Judge.

[Note—If a stay of execution has been ordered, intimation should be given of the fact on this notice.]



No. 7

Notice to a Party to a Suit not made a Party to the Appeal but

Joined by the Court as a Respondent

(O. 41, R. 20)

(Title)

To

Whereas you were a party in Suit No. . . . . . . . . of . . . ., in the Court of, . . . . . . . . . , and whereas the . . . . . . has perferred an appeal to this Court from the decree passed against him in the said suit and it appears to this Court that you are interested in the result of the said appeal:



This is to give you notice that this Court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the . . . . . . . . . . . . day of . . . . . . . . . 19 . . . , at . . . a.m. If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence.

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

Judge.

No. 8


Memorandum of Cross Objection

(O. 41, R. 22)

(Title)

Whereas the . . . . . . has preferred an appeal to the . . . . Court at . . . . . . . . . from the decree of . . . . . . . . in Suit No. . . . of 19 . . . , dated the . . . . . . . . . . .day of . . . . . . . .19 . . , and whereas notice of the day fixed for hearing the appeal was served on the . . . . . . . . . . . . on the . . . . . . . . . . .day of . . . . . .. . . . .19 . . . , the . . . . . . . . . files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:—



No. 9

Decree in Appeal

(O. 41, R. 35)

(Title)


Appeal No. . . . . . . . . . of 19 . . . from the decree of the Court of . . . . . . . . dated the . . . . . . . . day of . . . 19 . . .

Memorandum of Appeal.

Plaintiff.

Defendant.

The . . . . . . . . . above-named appeal to the . . . . . . . . Court at . . . . . . . . . from the decree of . . . . . . . . . in the above suit, dated the . . . . . . . . . day of . . . . . 19 . . . , for the following reasons, namely:—

This appeal coming on for hearing on the . . . . . . . . . day of. . . . . 19 . . . , before . . . . . . . . . in the presence of . . . . . . . . . or the appellant and of . . . . . . . . . for the respondent, it is ordered—

The costs of this appeal, as detailed below, amounting to Rs. . . are to be paid by . . . . . . . . . The costs of the original suit are to be paid by . . . . . . . . . . . . . . . . . . . . .

Given under my hand this . . . . . . . . . day of . . . . . . . . 19 . . .

Judge

Costs of Appeal



Appellant

Amount


Respondent

Amount


1.

2.

3.



4.

Stamp for memorandum of appeal

Do. For power

Service of processes

Pleader's fee on Rs.

Total


Rs.

a.

p.



Stamp for power

Do. For power

Service of processes

Pleader's fee on Rs.

Total

Rs.


a.

p.

No. 10



Application to Appeal in BIforma pauperis

(O. 44, R. 1)

(Title)

I . . . . . . . . . the . . . . . . . . . above-named, present the accompanying memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper.



Annexed is a full and true schedule of all the movable and immovable property belonging to me with the estimated value thereof.

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

(Signed)

[Note.—Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper.]

No. 11

Notice of Appeal In BIforma pauperis



(O. 44, R. 1)

(Title)


Whereas the above-named . . . . . . . . . has applied to be allowed to appeal as a pauper from the decree in the above suit dated the . . . . . . . . . day of . . . . . . . . . 19 . . . and whereas the . . . . . . . . . day of . . . . . . . . . 19 . . ., has been fixed for hearing the application, notice is hereby given to you that if you desire to show cause why the applicant should not be allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date.

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

Judge.

No. 12


Notice to Show Cause why a Certificate of Appeal to the

Supreme Court should not be Granted

(O. 43, R. 3.)

(Title)


To

[482] [Take notice that . . . . . . . . . . . . . . . . . . . . . . . . . . . has applied to this Court for a certificate—

(i) that the case involves a substantial question of law of general importance, and

(ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.]

The . . . . . . . . . day of . . . . . . . 19 . . . . is fixed for you to show cause why the Court should not grant the certificate asked for.

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

Registrar.

No. 13


Notice to Respondent of Admission of Appeal to the Supreme Court

(O. 45, R. 8.)

(Title)

To

Whereas . . . . . . . . . . . . . . . . . . . . . , the . . . . . . . . . . . . . . in the above case, has furnished the security and made the deposit required by Order XLV, rule 7, of the Code of Civil Procedure, 1908;



Take notice that the appeal of the said . . . . . . . . . . . . . to the Supreme Court has been admitted on the . . . . . . . . . day of . . . . . . . 19 . . . .

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

Registrar.

No. 14


Notice to Show Cause Why a Review should not be Granted

(O. 47, R. 4.)

(Title)

To

Take notice that . . . . . . . . . . . . . . has applied to this Court for a review of its decree passed on the . . . . . . . . . day of . . . . . . . 19 . . . . fixed for you to show cause why the Court should not grant a review of its decree in this case.



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

Judge.


APPENDIX H

MISCELLANEOUS

No. 1

Agreement of Parties as to Issues to be Tried



(Order 14, Rule 6)

(Title)


Whereas we, the parties in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the . . . . . . . . . day of . . . . . . . 19 . . . and filed as Exhibit . . . . . . . . . . . . . . in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be):

We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue, . . . . . . . . . . . . . . will pay to the said . . . . . . . the sum of Rupees . . . . . . . . . . (or such sum as the Court shall hold to be due thereon), and I, the said . . . . . . . . ., will accept the said sum of Rupees . . . . . . . . . (or such sum as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said . . . . . . . , will do or abstain from doing, etc., etc.]

Plaintiff.

Defendant.

Witnesses :—

1.

2.



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

No. 2


Notice of Application for the Transfer of a Suit to Another Court for Trial

(Section 24)

In the Court of the District Judge of . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . No. . . . . . . . of 19. . . .,

To

Whereas an application, dated the . . . . . . . . . day of . . . . . . . 19 . . ., has been made to this Court by . . . . . . . . . . . . . . the. . . . . . . . . . . . . . in Suit No. . . . . . . . . . . . . . . of 19. . . . . . . now pending in the Court of the . . . . . . . . . . . . . . at. . . . . . . , in which . . . . . . . is . . . . plaintiff and . . . . . . . . . . . . . . is defendant, for the transfer of the suit for trial to the Court of the . . . . . . . at . . . . . . .



You are hereby informed that the . . . . . . . . . day of . . . . . . . 19 . . ., has been fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it.

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

Judge.

[483][No. 2A



List of Witnesses Proposed to be Called by Plaintiff/Defendant

(Order XVI rule 1.)

Name of the party which proposes to call the witness

Name and address of the witness

Remarks]

No. 3


Notice of Payment into Court

(Order 24, Rule 2)

(Title)

Take notice that the defendant has paid into Court Rs.. . . . . . .



and says that that sum is sufficient to satisfy the plaintiff's claim in full.

X.Y., Pleader for the defendant.

ToZ., Pleader for the plaintiff.

No. 4


Notice to Show Cause (General Form)

(Title)


To

Whereas the above-named . . . . . . . . . . . . . . has made application to this Court that . . . . . . . . . . . . . . ;. . . . . . .

You are hereby warned to appear in this Court in person or by a pleader duly instructed on the . . . . . . . . . day of . . . . . . . 19 . . . ., at . . . . . . .O'clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determinedex parte.

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

Judge.

No. 5


List of Documents Produced by Plaintiff/Defendant

(Order 13, Rule 1)

(Title)

No.


Description of document

Date, if any which the document bears

Signature of party or pleader

1

2



3

4

No. 6



Notice to Parties of the Day Fixed for Examination of a Witness

about to Leave the Jurisdiction

(Order 18, Rule 16.)

(Title)


To

Plaintiff (or defendant)

Whereas in the above suit application has been made to the Court by . . . . . . . . . . . . . . that the examination of . . . . . . . . . . . . . . , a witness required by the said . . . . . . . . . . . . . . , in the said suit may be taken immediately; and it has been shown to the Court's satisfaction that the said witness is about to leave the Court's jurisdiction (or any other good and sufficient cause to be stated):

Take notice that the examination of the said witness. . . . . . . . . . . . . . will be taken by the Court on the . . . . . . . . . day of . . . . . . . 19 . . . .

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

Judge.


No. 7

Commission to Examine Absent Witness

(O. 26, Rules 4, 18)

(Title)


To

Whereas the evidence of . . . . . . . is required by the . . . . . . . . . . . . . . in the above suit; and whereas . . . . . . . . . . . . . . ; you are requested to take the evidence on interrogatories [or viva voce] of such witness . . . . . . . . . . . . . . and you are hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties of their agents if in attendance, who will be at liberty to question the witness on the points specified, and you are further requested to make return of such evidence as soon as it may be taken.

Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your application.

A sum of Rs. . . . . . . . , being your fee in the above, is herewith forwarded.

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

Judge.


No. 8

Letter of Request

(O. 26, R. 5)

(Title)


(Heading :—To the President and Judges of, etc., etc.,or as the case may be.)

Whereas a suit is now pending in the . . . . . . . . . . . . . . in whichA. B. is plaintiff andC. D. is defendant; And in the said suit the plaintiff claims.

(Abstract of claim.)

And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say :

IUE. F., of

IUG. H. ofand

IUI. J., ofU

And it appearing that such witnesses are resident within the jurisdiction of your honourable Court;

Now I . . . . . . . . . . . . . . , as the . . . . . . . . . . . . . . of the said Court, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the President and Judges of the said . . . . . . . . . . or some one or more of you, will be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend such examination.

And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court.

(Note—If the request is directed to a Foreign Court, the words "through the Ministry of External Affairs of the Government of India for transmission" should be inserted after the words "other witnesses" in the last line of this form.)

No. 9


Commission for a Local Investigation, or to Examine Accounts

(O. 26, Rules 9, 11)

(Title)

To

Whereas it is deemed requisite, for the purposes of this suit, that a commission for . . . . . . should be issued; You are hereby appointed Commissioner for the purpose of . . . . . . . . . . . . . .



Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court have jurisdiction on your application.

A sum of Rs. . . . . . . . . . . . . . , being your fee in the above, is herewith forwarded.

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

Judge.


No. 10

Commission to Make a Partition

(O. 26, R. 13)

(Title)


To

Whereas it is deemed requisite for the purposes of this suit that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in, the decree of this Court, dated the . . . . . . . . . day of . . . . . . . 19 . . . .; You are hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said decree, and to allot suh shares to the several parties. You are hereby authorized to award sums to be paid to any party by any other party for the purpose of equalizing the value of the shares.

Process to compel the attendance before you of any witness or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application.

A sum of Rs. . . . . . . . . . . . . . . , being your fee in the above, is herewith forwarded.

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

Judge.


[484][No. 11

Notice to Certificated, Natural, or, BIde factoB Guardian

(Order XXXII, Rule 3)

(Title)


To

(Certificated/Natural/de factoGuardian)

Whereas an application has been presented on the part of the plaintiff*/on behalf of the minor defendant* in the above suit for the appointment of a guardian for the suit for the minor defendant . . . . . . . . . . . . . . , you (insert the name of the guardian appointed or declared by Court, or natural guardian, or the person in whose care the minor is) are hereby required to take notice that unless you appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express you consent to act as guardian for the suit for the minor, the Court will proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit.

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

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