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Judge.

* Strike off the words which are not applicable.



No. 11A

Notice to Minor Defendant

(Order XXXII, Rule 3)

(Title)


To

Minor Defendant.

Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of . . . . . . . *as guardian for the suit for you, the minor defendant, you are hereby required to take notice to appear in this Court in person on the . . . . . . . day of . . . . . . . 19 . . . ., at . . . . . . . O'clock in the forenoon to show cause against the application, failing which the said application will be heard and determinedex parte.

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

Judge.]

*Strike off the words which are not applicable.



No. 12

Notice to Opposite Party of Day Fixed for Hearing Evidence of Pauperism

(O. 33, R. 6)

(Title)


To

Whereas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has applied to this Court for permission to institute a suit against . . . . . . .in forma pauperis under Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject the application; and whereas the . . . . . . . . . day of . . . . . . . 19 . . . . has been fixed for receiving such evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may be adduced in disproof thereof :

Notice is hereby given to you under rule 6 of Order XXXIII that in case you may wish to offer any evidenace to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said . . . . . . . day of . . . . . . . 19 . . . .

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

Judge.

No. 13


Notice to Surety of his Liability Under a Decree

(Section 145)

(Title)

To

Whereas you . . . . . . . . . . . . . . did on . . . . . . . . . . . . . . become liable as surety for the performance of any decree which might be passed against the said . . . . . . . . . . . . . . defendant in the above suit; and whereas a decree was passed on the . . . . . . . . . day of . . . . . . . 19 . . . . against the said defendant for the payment of . . . . . . . . ., and whereas application has been made for execution of the said decree against you :



Take notice that you are hereby required on or before the . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . .. . . . . . . 19 . . . . . . . . . . ., to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, within the time specified, shown to the satisfaction of the Court, an order for its execution will be forthwith issued in the terms of the said application.

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

Judge.

No.14


Register of Civil Suits

(O.4, R. 2)

Court of the . . . . . . . . . . . . . . . . .of. . . . . . . . . . . . . . at. . . . . . . . .

Register of Civil Suits in the year 19. . . . . . . .

Date of presentation of plaintiff

Number of suit

plaintiff

Defendant

Claim

Appearance



Judgment

Appeal


Execution

Return of Execution

Name

Description



Place of residence

Name


Description

Place of residence

Particulars

Amount of value

When the casue of acti0on accrued

Day for parties to appear

Plaintiff

Defendant

Date

For whom


For what, or amount

Date of decision of appeal

Judgment in appeal

Date of application

Date of order

Against whom

For what and amount, if money

Amount of costs

Amount paid in Court

Arrested


Minute of other Return than Payment of Arrest, and date to every Return

Note—Where there are numerous plaintiff, or numerous defendants, the name of the first plainfif only, or the first defendant only, as the case may be, need be entered in the register.

No. 15

Register of Appeals



(O. 41, R. 9)

Court (or High Court) at

Register of Appeals from Decrees in the year. . . . . . . .

Date of memorandum

Number of appeal

Appellant

Respondent

Decree appealed from

Appearance

Judgment


Name

Description

Place of residence

Name


Description

Place of residence

Of what court

Particulars

Amount or value

Day for parties to appear

Appellant

Respondent

Date

Confirmed, reserved or varied



For what or amount

THE SECOND SCHEDULE.—[Arbitration.]Rep. by the Arbitration Act, 1940 (10 of 1940)s. 49(1)and Third Sch.

THE THIRD SCHEDULE.—[Execution of Decrees by Collectors.]Rep. by the Code of Civil Procedure (Amendment)Act, 1956 (66of 1956),s. 15.

THE FOURTH SCHEDULE.—[Enactments amended.]Rep. by the Repealing and Amending Act, 1952 (48 of 1952),s. 2and Sch. I.

THE FIFTH SCHEDULE.—[Enactments repealed.]Rep. by the Second Repealing and Amending Act, 1914 (17of 1914),s. 3and Sch. II.

THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1976

(104 of 1976)

(Extracts)

CHAPTER V

REPEAL AND SAVINGS

97. Repeal and savings.—(1) Any amendment made, or any provision inserted in the principal Act by State Legislature or a High Court before the commencement of this Act shall except in so far as such amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand repealed.

(2) Notwithstanding that the provisions of this Act have come into force or the repeal under sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897),—

(a) the amendment made to clause (2) of section 2 of the principal Act by section 3 of this Act shall not affect any appeal against the determination of any such question as is referred to in section 47 and every such appeal shall be dealt with as if the said section 3 had not come into force;

(b) the provisions of section 20 of the principal Act, as amended by section 7 of this Act, shall not apply to or affect any suit pending immediately before the commencement of the said section; and every such suit shall be tried as if the said section 7 had not come into force;

(c) the provisions of section 20 of the principal Act, as amended by section 8 of this Act, shall not apply to or affect any suit pending immediately before the commencement of the said section 8; and every such suit shall be tried as if the said section 8 had not come into force;

(d) the provisions of section 25 of the principal Act, as substituted by section 11 of this Act, shall not apply to or affect any suit, appeal or other proceeding wherein any report has been made under the provisions of section 25 before the commencement of the said section 11; and every such suit, appeal or other proceeding shall be tried as if the said section 11 had not come into force;

(e) the provisions section 34 of the principal Act, as amended by section 13 of this Act, shall not affect the rate at which interest may be allowed on a decree in any suit instituted before the commencement of the said section 13 and interest on a decree passed in such suit shall be ordered in accordance with the provisions of Section 34 as they stood before the commencement of the said section 13 as if the said section 13 had not come into force;

(f) the provisions of section 35A of the principal Act, as amended by section 14 of this Act, shall not apply to or affect any proceedings for revision, pending immediately before the commencement of the said section 14; and every such proceedings shall be dealt with and disposed of as if the said section 14 had not come into force;

(g) the provisions of section 60 of the principal Act, as amended by section 23 of this Act, shall not apply to any attachment made before the commencement of the said section 23;

(h) the amendment of section 80 of the principal Act by section 27 of this Act shall not apply to or affect any suit instituted before the commencement of the said section 27; and every such suit shall be dealt with as if section 80 had not been amended by the said section 27;

(i) the provisions of section 82 of the principal Act, as amended by section 28 of this Act, shall not apply to or affect any decree passed against the Union of India or a State or, as the case may be, a public officer, before the commencement of the said section 28 or to the execution of any such decree; and every such decree or execution shall be dealt with as if the said section 28 had not come into force;

(j) the provisions of section 91 of the principal Act, as amended by section 30 of this Act, shall not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of the said section 30; and every such suit, appeal or proceeding shall be disposed of as if the said section 30 had not come into force;

(k) the provisions of section 92 of the principal Act, as amended by section 31 of this Act, shall not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of the said section 31; and every such suit, appeal or proceeding shall be disposed of as if the said section 31 had not come into force;

(l) the provisions of section 96 of the principal Act, as amended by section 33 of this Act, shall not apply to or affect any appeal against the decree passed in any suit instituted before the commencement of the said section 33; and every such suit, appeal or proceeding shall be disposed of as if the said section 33 had not come into force;

(m) the provisions of section 100 of the principal Act, as substituted by section 37 of this Act, shall not apply to or affect any appeal from an appellate decree or order which had been admitted, before the commencement of the said section 37, after hearing under rule 11 of Order XLI; and every such admitted appeal shall be dealt with as if the said section 37 had not come into force;

(n) section 100A, as inserted in the principal Act, by section 38 of this Act, shall not apply to or affect any appeal against the decision of a single Judge of a High Court under any Letters Patent which had been admitted before the commencement of the said section 38; and every such admitted appeal shall be disposed of as if the said section 38 had not come into force;

(o) the amendment of section 115 of the principal Act by section 43 of this Act shall not apply to or affect any proceeding for revision which had been admitted, after preliminary hearing, before the commencement of the said section 43; and every such proceeding for revision shall be disposed of as if the said section 43 had not come into force;

(p) the provisions of section 141 of the principal Act, as amended by section 47 of this Act shall not apply to or affect any proceeding which is pending immediately before the commencement of the said section 47; and every such proceeding shall be dealt with as if the said section 47 had not come into force;

(q) the provisions of rules 31, 32, 48A, 57 to 59, 90 and 97 to 103 of Order XXI of the First Schedule as amended or, as the case may be substituted or inserted by section 72 of this Act shall not apply to or affect—

(i) any attachment subsisting immediately before the commencement of the said section 72, or

(ii) any suit instituted before such commencement under rule 63 aforesaid to establish right to attached property or under rule 103 aforesaid to establish possession, or

(iii) any proceeding to set aside the sale of any immovable property,

and every such attachment, suit or proceeding shall be continued as if the said section 72 had not come into force;

(r) the provisions of rule 4 of Order XXII of the First Schedule, as substituted by section 73 of this Act shall not apply to any order of abatement made before the commencement of the said section 73;

(s) the amendment, as well as substitution, made in Order XXIII of the First Schedule by section 74 of this Act shall not apply to any suit or proceeding pending before the commencement fo the said section 74;

(t) the provisions of rules 5A and 5B of Order XXVII, as inserted by section 76 of this Act, shall not apply to any suit, pending immediately before the commencement of the said section 76 against the Government or any public officer; and every such suti shall be dealt with as if the said section 76 had come into force;

(u) the provisions of rules 1A, 2A and 3 of Order XXVIIA, as inserted or substituted, as the case may be, by section 77 of this Act shall not apply to or affect any suit which is pending before the commencement of the said section 77;

(v) rules 2A, 3A and 15 of Order XXXII of the First Schedule, as amended, or as the case may be, substituted by section 79 of this Act, shall not apply to a suit pending at the commencement of the said section 79 and every such suit shall be dealt with and disposed of as if the said section 79 had not come into force;

(w) the provisions of Order XXXIII of the First Schedule, as amended by section 81 of this Act, shall not apply to or affect any suit or proceeding pending before the commencement of the said section 81 for permission to sue as a pauper; and every such suit or proceeding shall be dealt with and disposed of as if the said section 81 had not come into force;

(x) the provisions of Order XXXVII of the First Schedule, as amended by section 84 of this Act, shall not apply to any suit pending before the commencement of the said section 84; and every such suit shall be dealt with and disposed of as if the said section 84 had not come into force;

(y) the provisions of Order XXXIX of the First Schedule, as amended by section 86 of this Act, shall not apply to or affect any injunction subsisting immediately before the commencement of the said section 86; and every suh injunction and proceeding for dis-obedience of such injunction shall be dealt with as if the said section 86 had not come into force;

(z) the provisions of Order XLI of the First Schedule, as amended by section 87 of this Act, shall not apply to or affect any appeal pending immediately before the commencement of the said section 87; and every such appeal shall be disposed of as if the said section 87 had not come into force;

(za) the provisions of Order XLII of the First Schedule, as amended by section 88 of this Act, shall not apply to or affect any appeal from an appellate decree or order which had been admitted, before the commencement of the said section 88, after hearing under rule 11 of Order XLI; and every such admitted appeal shall be dealt with as if the said section 88 had not come into force;

(zb) the provisions of Order XLIII of the First Schedule, as amended by section 89 of this Act, shall not apply to any appeal against any order pending immediately before the commencement of the said section 89; and every such appeal shall be disposed of as if the said section 89 had not come into force.

(3) Save as otherwise provided in sub-section (2), the provisions of the principal Act, as amended by this Act, shall apply to every suit, proceeding, appeal or application, pending at the commencement of this Act or instituted or filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which such suit proceeding, appeal or application is instituted or filed, had been acquired or had accrued before such commencement.

 

 



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[1] Omitted by Act No. 19 of 1988.

[2] Subs. by Act 104 of 1976 Sec. 93, for "a decree for the balance" (w.e.f. 1-2-1977).

[3] Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977)

* Strike off the words which are not applicable.

* Strike off the words which are not applicable.

 

 

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[1]. 1. This Act has been amended in its application to Assam by Assam Act 2 of 1941 and 8 of 1953; to Tamil Nadu by Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of1934; to Uttar Pradesh by U.P. Act 4 of 1925, 35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karnataka by Mysore Act 14 of 1955; to Kerala by Kerala Act 13 of 1957; to Rajasthan by Rajasthan Act 19 of 1958; to Maharashtra by Maharashtra Acts 22 of 1970; It has been extended to Berar by the Bearar Laws Act, 1941 (4 of 1941) and, by notification under Secs, 5 and 5A of the Schedule Districts Acts, 1874 (14 of 1874), also to the following Schedule Districts:—

(1) The District of Jalpaiguri, Cachar (edcluding the North Cachar Hills), Goalpara (including the Easter Duars), Kamrup, Darrang, Nowgong (excluding the North Cachar Hills), Coalkpara (including the Eastern Durs), Kamrup, Darrange, Nowgong (excluding the Mikir Hill Tracts), Sibsagar (excluding the Mikir Hill Tracts) and Lakhimpur (excluding the Dibrugarh Frontier Tract). Gazette of India, 1909, Pt. I, p.5 and ibid, 1914, Pt. I, p. 1690.

(2) The Distirct of Darjeeling and the District of Hazaribagh, Ranchi, Palamua and Manbhum in Chota Nagpur:

Calcutta Gazette, 1909, Pt. I, p.25 and Gazette of India, 1909, Pt. I, p.33.

(3) The province of Kumaon and Garhwal and the Tarai Paraganas (with modification) : U.P. Gazette, 1909,

Pt. I, p. 3 and Gazette of India, 1909, Pt, I, p. 31.

(4) The Pargana of Jaunsar.Bawar in Dehra Dun and the Scheduled portion of the Mirzapur District : U.P. Gazette, 1909. Pt. I, p.4 and Gazette of Inida, 1909, Pt, I, p. 32.

(5) Coorg: Gazette of India, 1909, Pt, I, p.32.

(6) Scheduled Districts in the Punjab: Gazette of India, Pt. I, p.33.

(7) Section 36 to 43 to all the Scheduled Districts in Madras: Gazette of India, 1909, Pt. I, p. 152.

(8) Scheduled Districts in the C.P. except so much as is already in force and so much as authorizes the attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such property:

Gazette of India, 1909, Pt. I, p.239.

(9) Anmer.Merwara except Section 1 and 155 to 158: Gazette of India, 1909, Pt. II, p. 480.

(10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the District of Singhbjum: Calcutta Gazette, 1909, Pt. I, p. 453 and Gazette of India, 1909, Pt. II. p. 443.

Under Sect 3(3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872), Secs. 38 to 42 and 156 and rules 4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial of suits referred to in Section 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893) : see Calcutta Gazette, 1909, Pt. I, p. 45.

It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), Sec. 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), Sec. 3 and Sch. And in the Angul district by the Angul Laws Regulation, 1936 (5 of 1936), Sec. 3 and Sch.

It has been extended to the Districts of Koraput and Gangam Agency by Orissa Regulation, (5 of 1951) Sec. 2.

It has been extended to the State of Manipur (w.e.f. 1.1.1957) by Act 30 of 1950, s. 3 to the whole of the Union territory of Lakshadweep (w.e.f. 1.10.1967) by Regulation 8 of 1965, Sec. 3 and Sch.; to Goa, Daman and Diu (w.e.f. 15.6.1966) by Act 30 of 1965, Sec. 3; to Dadra and Nagar Haveli (w.e.f. 1.7.1965) by Reg. 6 of 1963, Sec. 2 and Sch. I and to the State of Sikkim, (w.e.f. 1.9.1984), vide Notification No. S.O. 599, (E), dated 13.8.1984.

[2] Subs. by Act No. 104 of 1976 Sec. 2 for sub-section (3) (w.e.f. 1.2. 1977).

[3] The words and figures "Section 47 or" omitted by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[4] Subs. by Act No. 104 of 1976 for "Indian Civil Service" (w.e.f. 1.2.1977).

[5] Subs. by Act No. 104 of 1976 for "77 and 155 to 158" (w.e.f. 1.2.1977).

[6] Explanation renumbered as Explanation I thereof by Act No. 104 of 1976, Sec. 5 (w.e.f. 1.2.1977).

[7] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[8] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[9] Explanation I omitted by Act No. 104 of 1976 (w.e.f. 1.2. 1977).

[10] Subs. Act No. 104 of 1976 for Explanation II (w.e.f. 1.2. 1977).

[11] Section 21 renumbered as sub-section (1) thereof by Act No. 104 of 1976 (w.e.f 1.2.1977).

[12] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[13] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[14] Subs. by Act No. 104 of 1976 for "thereafter tries such suit" (w.e.f. 1.2.1977).

[15] Subs. by Act No. 104 of 1976 for sub-section (3) (w.e.f.1.2. 1977).

[16] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[17] Subs. by Act No. 104 of 1976 for s. 25 (w.e.f. 1.2. 1977).

[18] Ins. by Act No. 104 of 1976 (w.e.f. 1.5.1977).

[19] Added by Act No. 104 of 1976 (w.e.f. 1.7.1977).

[20] Subs. by Act No. 104 of 1976 for "excluding an appeal" (w.e.f. 1.2.1977).

[21] Subs. by Act No. 104 of 1976 for "one thousand rupees" (w.e.f. 1.2.1977).

[22] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[23] Subs. by Act No. 104 of 1976 for s. 36 (w.e.f. 1.2.1977).

[24] Ins. by Act No. 104 of 1976, s. 18. (w.e.f. 1.2.1977).

[25] Subs. by Act No. 104 of 1976, for certain words (w.e.f. 1.2.1977).

[26] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[27] Sectin 42 renumbered as sub-sectin(1) hereof Act No. 104 of 1976 (w.e.f. 1.2.1977).

[28] Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977)

[29] Sub-section (2) omitted by Act No. 104 of 1976 (w.e.f. 1.2. 1977).

[30] Subs. by Act No. 104 of 1976 for the former Explanation (w.e.f. 1.2.1977).

[31] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[32] Subs. by Act No. 104 of 1976, for certain words (w.e.f. 1.2.1977).

[33] Subs. by Act No. 104 of 1976 for cl. (b) (w.e.f. 1.2.1977).

[34] Subs. by Act No. 104 of 1976, for certain words (w.e.f. 1.2.1977).

[35] Ins. by Act No. 104 of 1976, s. 22, (w.e.f. 1.2.1977).

[36] For amendments to s. 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934), s. 35, as amended by Pun. acts No 12 of 1940 and 6 of 1942.

[37] Subs. by Act No. 104 of 1976, for "an agriculturist" (w.e.f. 1.2.1977).

[38] Ins by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[39] Subs. by Act No. 104 of 1976 for certain words (w.e.f. 1.2.1977).

[40] Subs. by Act No. 104 of 1976 for the proviso (w.e.f. 1.2. 1977).

[41] Subs. by Act No. 104 of 1976 for cl. (j) (w.e.f. 1.2.1977).

[42] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[43] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[44] Subs. by Act No. 104 of 1976, for Explanation I (w.e.f. 1.2.1977).

[45] Subs. by Act No. 104 of 1976 for certain words (w.e.f.1.2. 1977).

[46] Subs. by Act No. 104 of 1976 for "3" (w.e.f. 1.2.1977).

[47] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[48] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[49] Ins. by Act No. 104 of 1976 (w.e.f. 1.2. 1977).

[50] Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

[51] Omitted by Act No. 45 of 1988 (w.e.f. 19.5.1988).

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