address of the party.

Parties subsequently added shall immediately on

being so added file a memorandum in writing of this nature.(2) Such
address may, from time to time, be changed by lodging in Court a form
duly filled up and stating the new address of the party and
accompanied by a verified petition. Notice of such change shall be
given to such other parties as the Court may deem it necessary and the
form showing the change may be served either on the pleader or such
parties or be sent to them by registered post pre-paid for
acknowledgment as the Court thinks fit.(3) The address furnished in the
statement made under sub-rule (1) shall be called the "registered
address" of the party, and shall, until duly changed as aforesaid, be
deemed to be the address of the party for the purpose of service of all
processes in the suit or in any appeal from any decree or Order therein
made and for the purpose of execution, and shall hold good, subject as
aforesaid, for a period of six years alter the final determination of the
cause or matter.(4) (i) Where a party is not found at the registered
address and no agent or adult male member of his family, on whom a
notice or process can be served is present, a copy of the notice or
process shall be affixed to the outer door of the house. If on the date
fixed such party is not present another date shall be fixed and a copy of
the notice, summons or other process shall be sent to the registered
address of that party by registered post pre-paid for acknowledgement
(which pre-payment shall be made within one month from the date
originally fixed for hearing) and such service shall be deemed to be as
effectual as if the notice or process had been personally served.(ii)
Where the party engages a pleader, notice or process issued against the
party shall be served in the manner prescribed by Order 11, rule 5,
unless the Court directs service at the registered address of the
party.(5) Where the registered address of a party is not filed within the
specified time or is discovered by the Court to be incomplete, false or
fictitious, the Court may, either on its own motion, or on the application
of any party, Order-(a) in case where the default in furnishing registered
address is by plaintiff or where such registered address was furnished
by a plaintiff, rejection of the plaint, or(b) in case where the default in
furnishing registered address is by the defendant or where such
registered address was furnished by a defendant, his defence is struck
out and he be placed in the same position as if he had not put any
defence.(6) Where a plaint is rejected or defence is struck out under
sub rule (5), the plaintiff or as the case may be defendant after
furnishing his true address, apply to the Court for an Order to set aside
the rejection of the plaint or as the case may be, the Order striking out
the defence.(7) The Court is satisfied that the party was prevented by
any sufficient cause from filing the true address at the proper time,
shall set aside the rejection of the plaint or Order striking out the
defence, on such terms as to costs or otherwise as it thinks fit and shall
appoint a day for proceeding with the suit or defence, as the case may
be.(8) Where a party is not found at the registered address and no
agent or adult member of his family on whom a notice or process can
be served is present, a copy of the notice or process shall be affixed to
the outer door of the house. If on the date fixed such party is not
present, another date shall be fixed and a copy of the notice, summons
or other process shall be sent to the registered address of that party by
registered post pre-paid for acknowledgement (which pre-payment
shall be made within one month from the date originally fixed for
hearing) and such service shall be deemed to be as effectual as if the
notice or process had been personally served.(9) Where the Court has
struck out the defences under sub-rule (5) and has consequently
passed a decree or an Order, the defendant or the opposite party as the
case may be, may apply to the Court by which the decree or Order was
passed for an Order setting aside the decree or Order and if he files a
registered address and satisfies the Court that he was prevented by any
sufficient cause from filing the address, the Court shall make an Order
setting aside the decree or Order against him upon such terms as to
costs or otherwise as it thinks fit and shall appoint a day for proceeding
with the suit or proceeding, provided that where the decree or Order is
of such a nature that it cannot be set aside as against the defendant or
opposite party only, it may be set aside as against all or any of the
defendant or opposite party.(10) Nothing in this rule shall prevent the
Court from directing service of a process at any other address, if for any
reason it thinks fit to do so.(11) Where a party engages a pleader, a
notice or process issued against the party shall be served in the manner
prescribed by Order 11, rule 5 unless the Court directs service at the
registered address of the party." (w.e.f. 1-10-1983)1. Ins. by Act No. 104
of 1976, sec. 56 (w.e.f. 1-2-1977).15. Verification of pleadings(1) Save as
otherwise provided by any law for the time being in force, every
pleading shall be varied at the foot by the party or by one of the parties
pleading or by some other person proved to the satisfaction of the
Court to be acquainted with the facts of the case.(2) The person
verifying shall specify, by reference to the numbered paragraphs of the
pleading, what he verifies of his own knowledge and what he verifies
upon information received and believed to be true.(3) The verification
shall be signed by the person making it and shall state the date on
which and the place at which it was signed.1[(4) The person verifying
the pleading shall also furnish an affidavit in support of his
pleadings.]HIGH COURT AMENDMENTSBombay.-In Order VI, in rule 15,
in sub-rule (1), at the end, substitute colon for the full-stop and insert
the following proviso, namely:-"Provided that in respect of pleading to
be filed in the Bombay City Civil Court such verification shall within the
local jurisdiction of the Court, be made before one of the officers of the
said Court empowered to administer oath and elsewhere, before any
other mentioned in section 139 of the Code of Civil Procedure, 1908."
{w.e.f. 1-10-1983)Orissa.-Same as in Patna.Patna.-In Order 6, in rule 15,
for sub-rule (1), substitute the following sub-rule, namely:-"(1) Save as
otherwise provided by any law for the time being in force, the facts
stated in every pleading shall be verified by solemn affirmation or on
oath of the party or of one of the parties pleading or of some other
person proved to the satisfaction of the Court to be acquainted with
the facts of the case, before any officer empowered to administer oath
under section 139 of the Code." (w.e.f. 27-9-1961)1. Sub-rule (4) added
by Act No. 46 of 1999, section 16 (w.e.f. 1-7-2002).1[16. Striking out
pleadingsThe Court may at any stage of the proceedings Order to be
struck out or amended any matter in any pleading-(a) which may be
unnecessary, scandalous, frivolous or vexatious, or(b) which may tend
to prejudice, embarrass or delay the fair trail of the suit, or(c) which is
otherwise an abuse of the process of the Court.]1. Subs, by Act No. 104
of 1976, sec. 56, for rule 16 (w.e.f. 1-2-1977).1[2[17. Amendment of
pleadings.-The Court may at any stage of the proceedings allow either
party o alter or amend his pleadings in such manner and on such terms
as may be just, and all such amendments shall be made as may be
necessary for the purpose of determining the real question in
controversy between the parties.Provided that no application for
amendment shall be allowed after the trial has commenced, unless the
Court conies to the conclusion that in spite of due diligence, the party
could not have raised the matter before the commencement of trial.1.
Rules 17and 18 which were omitted by Act No. 46 of 1999, section 16.2.
Subs. by Act 22 of 2002, sec. 7 for rules 17 and 18 [as they stood
immediately before their omission by clause (iii) of section 16 of the
Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) (w.e.f. 1-7-
2000).18. Failure to amend after Order.If a party who has obtained an
Order for leave to amend does not amend accordingly within the time
limited for that purpose by the Order, or if no time is thereby limited
then within fourteen days from the date of the Order, he shall not be
permitted to amend after the expiration such limited time as aforesaid
or of such fourteen days, as the case may be, unless the time is
extended by the Court.]]
CPC Order 7 - PLAINT 1. Particulars to be contained in plaintThe plaint shall contain the
following particulars:?(a) the name of the Court in which the suit is
brought;(b) the name, description and place of residence of the
plaintiff;(c) the name, description and place of residence of the
defendant, so far as they can be ascertained;(d) where the plaintiff or
the defendant is a minor or a person of unsound mind, a statement to
that effect;(e) the facts constituting the cause of action and when it
arose;(f) the facts showing that the Court has jurisdiction;(g) the relief
which the plaintiff claims;(h) where the plaintiff has allowed a set-off or
relinquished a portion of his claim, the amount so allowed or
relinquished; and(i) a statement of the value of the subject-matter of
the suit for the purposes of jurisdiction and of court fees, so far as the
case admits.HIGH COURT AMENDMENTSAndhra Pradesh:-Same as in
MadrasBombay:-In Order VII, in rule 1, in clause (i), at the end,
substitute comma for the full stop and thereafter insert the words
"showing the provisions of law under which the valuation of the court-
fees and jurisdiction is separately made." (w.e.f. 1-10-1983).Karnataka:-
In Order VII, in rule 1.-(i) for clause (b) and (c), substitute the following
clauses, namely:-"(b) the name, age, description, place of residence and
the place of business, if any of the plaintiff;(c) the name, age,
description, place of residence and place of business, if any, of the
defendant, so far can be ascertained by the plaintiff;"(ii) for clause (d),
substitute the following clause, namely:-"(d) Where plaintiff or the
defendant is a minor, a statement to that effect, and in the case of
minor, his age to the best of the knowledge and belief of the person
verifying the plaint:Provided that where, owing to the large number of
defendants or any other sufficient reason, it is not practicable to
ascertain with reasonable accuracy the age of the minor defendant, it
may be stated that the age of minor defendant is not known."Kerala-
Same as in Madras omitting the proviso.[Vide Notification No. B1-
3312/50, dated 7-4-1959.]Madras:-In Order VII, in rule 1, for clause (d),
substitute the following clause, namely:-"(d) Where plaintiff or the
defendant is a minor or a person of unsound mind, a statement of that
effect, and in the case of minor, a statement regarding his age to the
best of knowledge and belief of the person verifying the plaint:Provided
that where, owing to the large number of defendants or any other
sufficient reason, it is not practicable to ascertain with reasonable
accuracy the age of the minor defendant, it may be stated that the age
of minor defendant is not known;"Punjab:-In Order VII, in rule 1, after
clause (i), insert the following clause, namely:-"(j) a statement to the
effect that no suit between the same parties, or between parties under
whom they or any of them claim, litigating on the same grounds has
been previously instituted or finally decided by a Court of competent
jurisdiction or limited jurisdiction, and if so, with what results." (w.e.f.
15-3-1991)2. In money suitsWhere the plaintiff seeks the recovery of
money, the plaint shall state the precise amount claimed:But where the
plaintiff sue for mesne profits, or for an amount which will be found
due to him on taking unsettled accounts between him and the
defendant, 1[or for movables in the possession of the defendant, or for
debts of which the value he cannot, after the exercise of reasonable
diligence, estimate, the plaint shall state approximately the amount or
value sued for].HIGH COURT AMENDMENTKarnataka:-In Order VII, in
rule 2, in para 1, at the end, insert the words "and wherever a
statement of account or a memorandum of calculation is necessary for
the purpose, such statement or memorandum shall be set out in the
Schedule to the plaint or separately annexed thereto". (w.e.f. 30-3-
1967)1. Subs, by Act No. 104 of 1976, sec. 57 for "the plaint shall state
approximately the amount sued for" (w.e.f. 1-2-1977).3. Where the
subject-matter of the suit is immovable propertyWhere the subject-
matter of the suit is immovable property, the plaint shall contain a
description of the property sufficient to identify it, and, in case such
property can be identified by boundaries or numbers in a record of
settlement or survey, the plaint shall specify such boundaries or
numbers.HIGH COURT AMENDMENTSBombay:-In Order VII, in rule 3, at
the end, insert the words "In case of encroachment, sketch showing as
approximately as possible the location and the extent of the
encroachment shall also be filed along with the plaint.". (w.e.f. 1-10-
1983)Calcutta:-In Order VII, in rule 3, at the end, insert the words "and
where the area is mentioned, such description shall further state the
area according to the notation used in the record of settlement or
survey, with or without, at the option of the party, the same area in
terms of the local measures".Gauhati:-Same as in Calcutta.4. When
plaintiff sues as representativeWhere the plaintiff sues in a
representative character the plaint shall show not only that he has an
actual existing interest in the subject-matter, but that he has taken the
steps (if any) necessary to enable him to institute a suit concerning
it.HIGH COURT AMENDMENTKarnataka:-In Order VII, renumber rule 4
as sub-rule (1) thereof and insert the following sub-rule, namely:-"(2)
When the permission of the Court under rule 8 of Order 1 of this Code
is sought, before or at the time of institution of the suit, the plaint shall
be accompanied by an application supported by an affidavit stating the
number or approximate number of parties interested, the places where
they respectively reside, that they have all the same interest in the
subject-matter of the suit and the nature of the said interest, and the
best means of giving notice of the institution of the suit to the said
parties. If the permission sought is granted, the plaint shall state, or be
amended so as to state that the plaintiff sues on behalf of himself and
all other persons interested in the subject-matter of the suit and that he
has been permitted by the Court to do so by an Order of Court made on
a particular date, in the application mentioned above." (w.e.f. 30-3-
1967)5. Defendant's interest and liability to be shownThe plaint shall
show that the defendant is or claims to be interested in subject-matter,
and that he is liable to be called upon to answer the plaintiffs
demand.6. Grounds of exemption from limitation lawWhere the suit is
instituted after the expiration of the period prescribed by the law of
limitation, the plaint shall show the ground upon which exemption from
such law is claimed :1[Provided that the Court may permit the plaintiff
to claim exemption from the law of limitation on any ground not set out
in the plaint, if such ground is not inconsistent with the grounds set out
in the plaint.]1. Added by Act No. 104 of 1976 (w.e.f. 1-2-1977).7. Relief
to be specifically statedEvery plaint shall state specifically the relief
which the plaintiff claims either simply or in the alternative, and it shall
not be necessary to ask for general or other relief which may always be
given as the Court may think just to the same extent as if it had been
asked for. And the same rule shall apply to any relief claimed by the
defendant in his written statement.8. Relief founded on separate
ground.Where the plaintiff seeks relief in respect of several distinct
claims or causes of action founded upon separate and district grounds,
they shall be stated as far as may be separately and distinctly.1[9.
Procedure on admitting plaintWhere the court Orders that the
summons be served on the defendants in the manner provided in rule 9
of Order V, it will direct the plaintiff to present as many copies of the
plaint on plain paper as there are defendants within seven days from
the date of such Order alongwith requisite fee for service of summons
on the defendants]1. Rule 9 was substituted by Act No. 46 of 1999,
section 19. Now again substituted by Act No 22 of 2002, Section 8
(w.e.f. 1-7-2002).10. Return of plaint(1) 1[Subject to the provisions of
rule 10A, the plaint shall] at any state of the suit be returned to be
presented to the Court in which the suit should have been
instituted.2[Explanation.?For the removal of doubts, it is hereby
declared that a Court of appeal or revision may direct, after setting
aside the decree passed in a suit, the return of the plaint under this
sub-rule.](2) procedure on returning plaint?On returning a plaint, the
Judge shall endorse thereon the date of its presentation and return, the
name of the party presenting it, and a brief statement of the reasons
for returning it.HIGH COURT AMENDMENTBombay:-In Order VII, in rule
10, in sub-rule (1), at the end, insert the words "The plaintiff or his
pleader shall be informed of the date fixed for the return of the plaint."
(w.e.f. 1-10-1983)1. This rule has been applied to suits for the recovery
of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s.
265.2. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).1[10A. Power of
Court to fix a date of appearance in the Court where plaint is to be filed
after its return(1) Where, in any suit, after the defendant has appeared,
the Court is of opinion that the plaint should be returned, it shall,
before doing, so, intimate its decision to the plaintiff.(2) Where an
intimation is given to the plaintiff under sub-rule (1), the plaintiff may
make an application to the Court?(a) specifying the Court in which he
proposes to present the plaint after its return,(b) praying that the Court
may fix a date for the appearance of the parties in the said Court, and
(c) requesting that the notice of the date so fixed may be given to him
and to the defendant. :(3) Where an application is made by the plaintiff
under sub-rule (2), the Court shall, before returning the plaint and
notwithstanding that the Order for return of plaint was made by it on
the ground that it has no jurisdiction to try the suit,?(a) fix a date for
the appearance of the parties in the Court in which the plaint is
proposed to be presented, and(b) give to the plaintiff and to the
defendant notice of such date for appearance.(4) Where the notice of
the date for appearance is given under sub-rule (3),?(a) it shall not be
necessary for the Court in which the plaint is presented after its return,
to serve the defendant with a summons for appearance in the suit,
unless that Court, for reasons to be recorded otherwise directs, and(b)
the said notice shall be deemed to be a summons for the appearance of
the defendant in the Court in which the plaint is presented on the date
so fixed by the Court by which the plaint was returned.(5) Where the
application made by the plaintiff under sub-rule (2) is allowed by the
Court, the plaintiff shall not be entitled to appeal against the Order
returning the plaint.1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).10B.
Power of appellate Court to transfer suit to the proper Court(1) Where,
on an appeal against an Order for the return of plaint, the Court
hearing the appeal confirms such Order, the Court of appeal may, if the
plaintiff by an application so desires, while returning the plaint, direct
plaintiff to file the plaint, subject to the provisions of the Limitation Act,
1963 (36 of 1963), in the Court in which the suit should have been
instituted, (whether such Court is within or without the State in which
the Court hearing the appeal is situated), and fit a date for the
appearance of the parties in the Court in which the plaint is directed to
be filed and when the date is so fixed it shall not be necessary for the
Court in which the plaint is filed to serve the defendant with the
summons for appearance in the suit, unless that Court in which the
plaint is filed, for reasons to be recorded, otherwise directs.(2) The
direction made by the Court under sub-rule (1), shall be without any
prejudice to the rights of the parties to question the jurisdiction of the
Court, in which the plaint is filed, to try the suit.]11. Rejection of
plaintThe plaint shall be rejected in the following cases:?(a) where it
does not disclose a cause of action;(b) where the relief claimed is
undervalued, and the plaintiff, on being required by the Court to
correct the valuation within a time to be fixed by the Court, fails to do
so;(c) where the relief claimed is properly valued, but the plaint is
returned upon paper insufficiently stamped, and the plaintiff, on being
required by the Court to supply the requisite stamp-paper within a time
to be fixed by the Court, fails to do so;(d) where the suit appears from
the statement in the plaint to be barred by any law;1[(e) where it is not
filed in duplicate;3[(f) where the plaintiff fails to comply with the
provisions of rule 9];2[Provided that the time fixed by the Court for the
correction of the valuation or supplying of the requisite stamp-paper
shall not be extended unless the Court, for reasons to be recorded, is
satisfied that the plaintiff was prevented by any cause of an exceptional
nature from correcting the valuation or supplying the requisite stamp-
paper, as the case may be, within the time fixed by the Court and that
refusal to extend such time would cause grave injustice to the
plaintiff.]HIGH COURT AMENDMENTAndhra Pradesh:-Same as in
Madras.Karnataka:-In Order VII, in rule 11, for clause (c), substitute the
following clause, namely:-"(c) where the relief claimed is properly
valued, but the court-fee actually paid is insufficient, and the plaintiff
does not make good the deficiency within the time, if any, granted by
the Court;" (w.e.f. 30-6-1967)Madras:-In Order VII, in rule 11, for clause
(c), substitute the following clause, namely:-"(c) where the relief
claimed is properly valued, but the plaint is written on paper
insufficiently stamped, and the plaintiff does not make good the
deficiency within the time, if any, granted by the Court;"1. Ins. by Act
No. 46 of 1999, section 17 (w.e.f. 1-7-2002).2. Added by Act No. 104 of
1976, sec. 57 (w.e.f. 1-2-1977).3. Clauses (f) and (g) were inserted by
Act No. 46 of 1999, section 17 and substituted by Act No 22 of 2002,
Section 8 (w.e.f. 1-7-2002).12. Procedure on rejecting plaint.Where a
plaint is rejected the Judge shall record an Order to that effect with the
reasons for such Order.13. Where rejection of plaint does not preclude
presentation of fresh plaintThe rejection of the plaint on any of the
grounds herein before mentioned shall not of its own force preclude
the plaintiff from presenting a fresh plaint in respect of the same cause
of action.HIGH COURT AMENDMENTBombay.- In Order VII, in rule 13,
after the words "hereinbefore mentioned", insert the words "or on the
gounds mentioned in rule 14A(5(a) Order VI". (w.e.f. 1-10-
1983).Documents relied on in plaint1[14. Production of document on
which plaintiff sues or relies(1) Where a plaintiff sues upon a document
or relies upon document in his possession or power in support of his
claim, he shall enter such document in a list, and shall produce it in
court when the plaint is presented by him and shall, at the same time
deliver the document and a copy thereof, to be filed with the plaint.(2)
Where any such document is not in the possession or power of the
plaintiff, he shall, wherever possible, state in whose possession or
power it is.2[(3) A document which ought to be produced in Court by
the plaintiff when the plaint is presented, or to be entered in the list to
be added or annexed to the plaint but is not produced or entered
accordingly, shall not, without the leave of the Court, be received in
evidence on his behalf at the hearing of the suit.];(4) Nothing in this
rule shall apply to document produced for the cross examination of the
plaintiffs witnesses, or, handed over to a witness merely to refresh his
memory.]1. Subs, by Act No. 46 of 1999, section 17 (w.e.f. 1-7-2002).2.
Sub rule (3) substituted by Act No. 22 of 2002, section 8 (w.e.f. 1-7-
2002).1[15. Statement in case of documents not in plaintiff's possession
or power].1. Rule 15 omitted by Act No. 46 of 1999, section 17 (w.e.f. 1-
7-2002).16. Suits on lost negotiable instruments.Where the suit is
founded upon a negotiable instrument, and it is proved that the
instrument is lost, and an indemnity is given by the plaintiff, to the
satisfaction of the Court, against the claims of any other person upon
such instrument, the Court may pass such decree as it would have
passed if the plaintiff had produced the instrument in Court when the
plaint was presented, and had at the same time delivered a copy of the
instrument to be filed with the plaint.17. Production of shop-book(1)
Save in so far as is otherwise provided by the Bankers' Books Evidence
Act, 1891 (18of 1891), where the document on which the plaintiff sues
is an entry in shop-book or other account in his possession or power
the plaintiff shall produce the book or account at the time of filing the
plaint, together with a copy of the entry on which he relies.(2) Original
entry to be marked and returned?The Court, or such officer as it
appoints in this behalf, shall forthwith mark the document for the
purpose of identification, and, after examining and comparing the copy
with the original, shall, if it is found correct, certify it to be so and
return the book to the plaintiff and cause the copy to be filed.HIGH
COURT AMENDMENTSAllahabad.-In Order VII, in rule 17, in sub-rule (2),
insert the following proviso, namely:-"Provided that, if the copy is not
written in English or is written in a character other than the ordinary
Persian or Nagri character in use, the procedure laid down in Order XIII,
rule 12, as to verification shall be followed and in that case the Court or
its officer need not examine or compare the copy with the
original."Bombay.-In Order VII, in rule 17, in sub-rule (2), insert the
following proviso, namely:-"Provided that where the entry referred to
in this rule is in language other than English or the language of the
Court, the plaintiff shall file with the plaint a true copy of the entry
together with its translation either in English or in the language of the
Court, such translation being verified as regards the correctness by an
affidavit of the person making translation:Provided further that the
Court may accept a plaint without the translations and permit the party
to file the said translation within a time to be fixed by the Court.In
either of such cases the Court or its officer need not examine and
compare the copy with the original and certify the same to be correct."
(w.e.f. 1-11-1966)Delhi.-Same as in Punjab.Gujarat.-Same as in Bombay
with the following modifications:-(i) in the first proviso omit the words
"English or" and "either in English or".(ii) omit second proviso.(iii) in the
last sentence for the words "In either of such cases", substitute the
words "In such a case", (w.e.f. 17-8-1961)Himachal Pradesh.-Same as in
Punjab.Karnataka.-In Order VII, in rule 17, after sub-rule (2), insert the
following sub-rule, namely:-"(3) Where the document is not in the
language of the Court, the Chief Ministerial Officer of the Court shall
take the directions of the judge or Presiding Officer of the Court as to
whether the procedure prescribed in rule 12 of Order XIII, of this Code
shall be followed." (w.e.f. 30-3-1967)Punjab.-In Order VII, in rule 17,
after sub-rule (2), insert the following Explanation, namely:-
"Explanation.-When a shop-book or other account written in a language
other than English or the language of the Court is produced with a
translation or transliteration of the relevant entry the party producing it
shall not be required to present a separate affidavit as to the
correctness of the translation of transliteration, but shall add a
certificate on the document itself, that it is a full and true translation or
transliteration of the original entry, and no examination or comparison
by the ministerial officer shall be required except by a special Order of
the Court."1[18. Inadmissibility of document not produced when plaint
filed.].HIGH COURT AMENDMENTSAllahabad.-In Order VII, after rule 18,
insert the following rules, namely:-"19. Every plaint or original petition
shall be accompanied by a proceeding giving an address written in Hindi
written in Devnagri script at which service of notice, summons or other
process may be made on the plaintiff or petitioner. Plaintiffs or
petitioners subsequently added shall, immediately on being so added,
file a proceeding of this nature.20. An address for service filed under
the preceding rule shall be within the local limits of the District Court
within which the suit or petition is filed, or of the District Court within
which the party ordinarily resides, if within the limits of the State of
Uttar Pradesh.21. Where a plaintiff or petitioner fails to file an address
for service, he shall be liable to have his suit dismissed or his petition
rejected by the Court suo motu or any party may apply for an Order to
that effect, and the Court may make such Order as it thinks just.22.
Where a party is not found at the address given by him for service and
no agent or adult male member of his family on whom a notice or
process can be served, is present, a copy of the notice or process shall
be affixed to the outer door of the house. If on the date fixed such party
is not present another date shall be fixed and a copy of the notice,
summons or other process shall be sent to the registered address by
registered post, and such service shall be deemed to be as effectual as
if the notice or process had been personally served.23. Where a party
engages a pleader, notices or processes for service on him shall be
served in the manner prescribed by Order III, Rule 5, unless the Court
directs service at the address for service given by the party.24. A party
who desires to change the address for service given by him as aforesaid
shall file a verified petition, and the Court may direct the amendment
of the record accordingly. Notice of such petition shall be given to such
other parties to the suit as the court may deem it necessary to inform,
and may be either served upon the pleaders for such parties or be sent
to them by registered post, as the Court thinks fit.25. Nothing in these
rules shall prevent the Court from directing the service of a notice or
process in any other manner, if, for any reasons, it thinks fit to do
so."Bombay.-In Order VII, after rule 18, insert the following rules,
namely:-19. Address to be filed with plaint or original petition.-(1) Every
plaint or original petition shall be accompanied by a memorandum in
writing giving an address at which service of notice, or summons or
other process may be made on the plaintiff or petitioner. Plaintiffs or
petitioners subsequently added shall, immediately on being so added,
file a memorandum in writing of this nature.(2). This address shall be
called the "registered address", and it shall, subject to rule 24 of this
Order, hold good in all proceedings in the suit and in appeals and also
for a further period of six years from the date of final decision for all
purposes including those of execution.20. Nature of address to be
filed.-The registered address filed under the preceding rule shall be
within the local limits of the District Court within which the suit or
petition is filed or, if a party cannot conveniently give an address as
aforesaid at a place where the party ordinarily resides.21.
Consequences of failure to file address.-(1) Where a plaintiff or
petitioner after being required to file the registered address within a
specified time, fails to file the registered address, he shall be liable to
have his plaint or petition rejected by the Court suo motu, or any party
may apply for an Order to that effect, and the Court may make such
Order as it thinks just.(2) When default may be condoned.-Where a
plaint or petition is rejected under sub-rule (1), the plaintiff or the
petitioner may apply for an Order to set aside the rejection and, it he
files a registered address and satisfies the Court that he was prevented
by any sufficient cause from filing a registered address at proper time,
the Court shall set aside the rejection on such terms as to costs or
otherwise as it deems fit and shall appoint a date for proceeding with
the suit or petition.22. Procedure when party not found at the place of
registered address.-Where a party is not found at the registered
address and no agent or adult male member of his family on whom a
notice or process can be served is present, a copy of the notice or
process shall be affixed to the outer door of the house. If on the date
fixed such party is not present, another date shall be fixed and a copy of
the notice, summons or other process shall be sent to the registered
address of that party by registered post pre-paid for acknowledgement
(which payment shall be made within one month from the date
originally fixed for hearing) and such service shall be deemed to be as
effectual as if the notice or process had been personally served.23.
Service of process where party engages a pleader.-Where a party
engages a pleader, notice or process on him shall be served in the
manner prescribed by Order III, Rule 5, unless the Court directs service
at the registered address of the party.24. Change of registered address.-
A party who desires to change the registered address given by him as
aforesaid shall file a fresh memorandum in writing to this effect, and
the Court may direct the amendment of the record accordingly. Notice
of such memorandum shall be given to such other parties as the Court
may deem it necessary to inform, and may be served either upon the
pleaders of such parties or be sent to them by registered post pre-paid
for acknowledgment as the Court thinks fit.25. Rule not binding on
Court.-Nothing in rules 19, 22, 23 and 24 of this Order shall prevent the
Court from directing the service of a notice or process in any other
manner, if, for any reasons, it thinks fit to do so.26. Applicability to
notice under Order XXI, rule 22.-Nothing in rules 19, 22, 23 and 24 of
this Order shall apply to the notice prescribed by clause (b) of sub-rule
(i) of rule 22 of Order XXI of this Code."Delhi and Himachal Pradesh.-
Same as in Punjab except, that for Himachal Pradesh in rule 20 for the
words "High Court of Judicature at Lahore", substitute the words
"Judicial Commissioner Court, Himachal Pradesh".Gujarat.-In Order VII,
after rule 18, insert the following rules, namely:-"19. Address to be filed
with plaint or original petition.-Every plaint or original petition shall be
accompanied by a memorandum in writing giving an address at which
service of notice, or summons or other process may be made on the
plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall
immediately on being so added, file a memorandum in writing of this
nature. The address so given shall hold good throughout interlocutory
proceedings and appeals and also for a further period of two years from
the date of the final decision and for all purposes including those of
execution.20. Nature of address to be filed.-An address for service filed
under the preceding rule shall be within the local limits of the District
Court within which the suit or petition is filed, or if he cannot
conveniently give an address as aforesaid, at the place where a party
ordinarily resides.21. Consequences of failure to file address.-Where a
plaintiff or petitioner fails to file an address for service he shall be liable
to have his suit dismissed or his petition rejected by the Court suo
motu, or any party may apply for an Order to that effect, and the Court
may make such Order as it thinks just.22. Procedure when party is not
found at the place of address.-Where a party is not found at the
address given by him for service and no agent or adult male member of
his family on whom a notice or process can be served, is present, a copy
of the notice or process shall be affixed to the outer door of the house.
If on the date fixed such party is not present another date shall be fixed
and a copy of the notice, summons or other process shall be sent to the
address supplied by that party by registered post pre-paid for
acknowledgment (hich pre-payment shall be made within one month
from the date originally fixed for hearing) and such service shall be
deemed to be as effectual as if the notice or process had been
personally served.23. Service of notice on pleaders.-Where a party
engages a pleader, notice or process on him shall be served in the
manner prescribed by Order 3, rule 5 unless the Court directs service at
the address for service given by the party.24. Change of the registered
address.-A party who desires to change the address for service given by
him as aforesaid shall file a fresh memorandum in writing to this effect
and the Court may direct the amendment of the record accordingly.
Notice of such memorandum shall be given to such other parties to the
suit as Court may deem it necessary to inform and may be served either
upon the pleaders for such parties or be sent to them by registered
post, as the Court thinks fit25. Service of notice or process in any other
manner.-Nothing in these rules shall prevent the Court from directing
the service of a notice or process in any other manner, if for any
reasons, it thinks fit to do so.26. Applicability of notice under Order XXI,
rule 22.-Nothing in these rules shall apply to the notice prescribed by
Order XXI, rule 22." (w.e.f. 17-8-1961)Madhya Pradesh.-In Order VII,
after rule 18, insert the following rules, namely:-"19. Registered
address.-Every plaint or original petition shall be accompanied by a
memorandum giving an address at which service of process may be
made on the plaintiff or the petitioner. The address shall be within the
local limits of the Civil District in which the plaint or original petition is
filed or, if an address within such Civil District cannot conveniently be
given, within the local limits of the Civil District in which the party
ordinarily resides.This address shall be called 'registered address' and it
shall hold good throughout interlocutory proceedings and appeals and
also for a further period of two years from the date of final decision and
for all purposes including those of execution.20. Registered address by
a party subsequently added as plaintiff or petitioner.-Any party
subsequently added as plaintiff or petitioner shall in like manner file a
registered address at the time of applying or consenting to be joined as
plaintiff or petitioner.21. Consequence of non-filing of registered
address.-(1) If the plaintiff or the petitioner fails to file a registered
address as required by rule 19 or 20, he shall be liable, at the discretion
of the Court, to have his suit dismissed or his petition rejected.And
Order under this rule may be passed by the Court suo motu or on the
application of any party.22. Affixing of process and its validity.-Where
the plaintiff or the petitioner is not found at his registered address and
no agent or adult male member of his family on whom a process can be
served is present, a copy of the process shall be affixed to the outer
door of the house and such service shall be deemed to be as effectual
as if the process had been personally served.23. Change of registered
address.-A plaintiff or petitioner who wishes to change his registered
address shall file a verified petition and the Court shall dire
CPC Order 8 - WRITTEN Order VIIIWRITTEN STATEMENT, SET-OF AND COUNTER-
STATEMENT, SET-OF CLAIM1[WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM]1. Subs,
AND COUNTER-CLAIM by Act No. 104 of 1976, for the former heading (w.e.f. 1-2-1977).1[1.
Written statement.The defendant shall, within thirty days from the date
of service of summons on him, present a written statement of his
defence.Provided that where the defendant fails to file the written
statement within the said period of thirty days, he shall be allowed to
file the same on such other day, as may be specified by the Court, for
reasons to be recorded in writing, but which shall not be later than
ninety days from the date of service of summons.]1. Subs, by Act No. 46
of 1999, section 18. Now again substituted by Act No. 22 of 2002
section 9 (w.e.f. 1-7-2002).1[1A. Duty of defendant to produce
documents upon which relief is claimed or relied upon by him(1) Where
the defendant bases his defence upon a document or relies upon any
document in his possession or power, in support of his defence or claim
for set off or counter claim, he shall enter such document in a list, and
shall produce it in court when the written statement is presented by
him and shall, at the same time, deliver the document and a copy
thereof, to be filed with the written statement.(2) Where any such
document is not in possession or power of the defendant, he shall,
wherever possible, state in whose possession or power it is.2(3) A
document which ought to be produced in Court by the defendant under
this rule, but, is not so produced shall not, without the leave of the
Court, be received in evidence on his behalf at the hearing of the
suit.].(4) Nothing in this rule shall apply to documents?(a) produced for
the cross-examination of the plaintiff's witnesses, or(b) handed over to
a witness merely to refresh his memory.]1. Added by Act No. 46 of
1999, section 18 (w.e.f. 1-7-2002).2. Rule 1A was inserted by Act No. 46
of 1999,section 18 and now sub-rule (3) has been substituted by Act
No. 22 of 2002, section 9 (w.e.f. 1-7-2002)..2. New facts must be
specially pleaded.The defendant must raise by his pleading all matters
which show the suit not be maintainable, or that the transaction is
either void or voidable in point of law, and all such grounds of defence
as, if not raised, would be likely to take the opposite party by surprise,
or would raise issues of fact not arising out of the plaint, as, for
instance, fraud, limitation, release, payment, performance, or facts
showing illegality.3. Denial to be specificIt shall not be sufficient for a
defendant in his written statement to deny generally the grounds
alleged by the plaintiff, but the defendant must deal specifically with
each allegation of fact of which he does not admit the truth, except
damages.4. Evasive denial.Where a defendant denies an allegation of
fact in the plaint, he must not do so evasively, but answer the point of
substance. Thus, if it is alleged that he received a certain sum of money,
it shall not be sufficient to deny that he received that particular
amount, but he must deny that he received that sum or any part
thereof, or else set out how much he received. And if an allegation is
made with diverse circumstances, it shall not be sufficient to deny it
along with those circumstances.5. Specific denial.1[(1)] Every allegation
of fact in the plaint, if not denied specifically or by necessary
implication, or stated to be not admitted in the pleading of the
defendant, shall be taken to be admitted except as against a person
under disability :Provided that the Court may in it discretion require any
fact so admitted to be proved otherwise than by such admission.2[(2)
Where the defendant has not filed a pleading, it shall be lawful for the
Court to pronounce judgment on the basis of the facts contained in the
plaint, except as against a person under a disability, but the Court may,
in its discretion, require any such fact to be proved.(3) In exercising its
discretion under the proviso to sub-rule (1) or under sub-rule (2), the
Court shall have due regard to the fact whether the defendant could
have, or has, engaged a pleader.(4) Whenever a judgment is
pronounced under this rule, a decree shall be drawn up in accordance
with such judgment and such decree shall bear the date on which the
judgment was pronounced.]1. Rule 5 renumbered as sub-rule (1) of
that rule by Act No. 104 of 1976, (w.e.f. 1-2-1977).2. Ins. by Act No. 104
of 1976 (w.e.f. 1-2-1977).6. Particulars of set-off to be given in written
statement.(1) Where in a suit for the recovery of money the defendant
claims to set-off against the plaintiff's demand any ascertained sum of
money legally recoverable by him from the plaintiff, not exceeding the
pecuniary limits of the jurisdiction of the Court, and both parties fill the
same character as they fill in the plaintiff's suit, the defendant may, at
the first hearing of the suit, but not afterwards unless permitted by the
Court, presents a written statement containing the particulars of the
debt sought to be set-off.(2) Effect of set-off?The written statement
shall have the same effect as a plaint in a cross-suit so as to enable the
Court to pronounce a final judgment in respect both of the original
claim and of the set-off: but this shall not affect the lien, upon the
amount decreed, of any pleader in respect of the costs payable to him
under the decree.(3) The rules relating to a written statement by a
defendant apply to a written statement in answer to a claim of set-
off.Illustrations(a) A bequeaths Rs. 2,000 to B and appoints C his
executor and residuary legatee. B dies and D takes out administration
to B's effect, C pays Rs. 1,000 as surety for D: then D sues C for the
legacy. C cannot set-off the debt of Rs. 1,000 against the legacy, for
neither C nor D fills the same character with respect to the legacy as
they fill with respect to the payment of Rs. 1,000.(b) A dies intestate
and in debt to B, C takes out administration to A's effects and B buys
part of the effects from C. In a suit for the purchase-money by C against
B, the latter cannot set-off the debt against the price, for C fills two
different characters, one as the vendor to B, in which he sues B, and the
other as representative to A.(c) A sues B on a bill of exchange. B alleges
that A has wrongfully neglected to insure B's goods and is liable to him
in compensation which he claims to set-off. The amount not being
ascertained cannot be set-off.(d) A sues B on a bill of exchange for Rs.
500. B holds a judgment against A for Rs. 1,000. The two claims being
both definite, pecuniary demands may be set-off.(e) A sues B for
compensation on account of trespass. B holds a promissory note for Rs.
1,000 from A and claims to set-off that amount against any sum that A
may recover in the suit. B may do so, for as soon as A recovers, both
sums are definite pecuniary demands.(f) A and B sue C for Rs. 1,000 C
cannot set-off a debt due to him by A alone.(g) A sues B and C for Rs.
1000. B cannot set-off a debt due to him alone by A.(h) A owes the
partnership firm of B and C Rs. 1,000 B dies, leaving C surviving. A sues
C for a debt of Rs. 1,500 due in his separate character. C may set-off the
debt of Rs. 1,000.HIGH COURT AMENDMENTSKarnataka.-In Order VIII,
in rule 6, in sub-rule (1), at the end, insert the words "and the
provisions of rules 14 to 16 of Order VII of this Code, shall mutatis
mutandis, apply to a defendant claiming set-off as if he were a
plaintiff", (w.e.f. 30-3-1967)Orissa.-Same as in Patna.Patna.-In Order
VIII, in rule 6, in sub-rule (1), at the end, insert the words "and the
provisions of Order VII, rules 14 to 18 shall, mutatis mutandis, apply to
a defendant claiming set-off as if he were a plaintiff".1[6A. Counter-
claim by defendant(1) A defendant in a suit may, in addition to his right
of pleading a set-off under rule 6, set up, by way of counter-claim
against the claim of the plaintiff, any right or claim in respect of a cause
of action accruing to the defendant against the plaintiff either before or
after the filing of the suit but before the defendant has delivered his
defence or before the time limited for delivering his defence has
expired, whether such counter-claim is in the nature of a claim for
damages or not:Provided that such counter-claim shall not exceed the
pecuniary limits of the jurisdiction of the Court.(2) Such counter-claim
shall have the same effect as a cross-suit so as to enable the Court to
pronounce a final judgment in the same suit, both on the original claim
and on the counter-claim.(3) The plaintiff shall be at liberty to file a
written statement in answer to the counter-claim of the defendant
within such period as may be fixed by the Court.(4) The counter-claim
shall be treated as a plaint and governed by the rules applicable to
plaints.1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).6B. Counter-
claim to be statedWhere any defendant seeks to rely upon any ground
as supporting a right of counter-claim, he shall, in his written
statement, state specifically that he does so by way of counter-claim.6C.
Exclusion of counter-claimWhere a defendant sets up a counter-claim
and the plaintiff contends that the claim thereby raised ought not to be
disposed of by way of counter-claim but in an independent suit, the
plaintiff may, at any time before issues are settled in relation to the
counter-claim, apply to the Court for an Order that such counter-claim
may be excluded, and the Court may, on the hearing of such application
make such Order as it thinks fit.6D. Effect of discontinuance of suitIf in
any case in which the defendant sets up a counter-claim, the suit of the
plaintiff is stayed, discontinued or dismissed, the counter-claim may
nevertheless be proceeded with.6E. Default of plaintiff to reply to
counter-claim.If the plaintiff makes default in putting in reply to the
counter-claim made by the defendant, the Court may pronounce
judgment against the plaintiff in relation to the counter-claim made
against him or make such Order in relation to the counter-claim as it
thinks fit.6F. Relief to defendant where counter-claim succeedsWhere in
any suit a set-off or counter-claim is established as defence against the
plaintiff's claim and any balance is found due to the plaintiff or the
defendant, as the case may be, the Court may give judgment to the
party ent'tled to such balance.6G. Rules relating to written statement to
applyThe rules relating to a written statement by a defendant shall
apply to a written statement filed in answer to a counter-claim.]7.
Defence or set-off founder upon separate groundsWhere the defendant
relies upon several distinct grounds of defence or set-off 1[or counter-
claim] founded separate and distinct facts, they shall be stated, as far as
may be, separately and distinctly.HIGH COURT AMENDMENTKarnataka-
In Order VIII, after rule 7, insert the following rule, namely:-"7A. Where
the defendant seeks the permission of the Court under rule 8 of Order I
of this Code to defend the suit on behalf of or for the benefit of himself
and other persons having the same interest as the defendant in the
subject-matter of the suit he shall file an application supported by an
affidavit setting out the particulars detailed in sub-rule (2) of rule 4 of
Order VII of this Code. Notice of such an application shall be given to all
parties to the suit, and if the permission sought is granted the plaint
may be amended by inserting a statement that the defendant is with
leave of the Court sued as the representative of all persons interested
in subject-matter of the suit." (w.e.f. 30-3-1967)1. Ins. by Act No. 104 of
1976 (w.e.f. 1-2-1977).8. New ground of defenceAny ground of defence
which has arisen after the institution of the suit or the presentation of a
written statement claiming a set-off 1[or counter-claim] may be raised
by the defendant or plaintiff as the case may be, in his written
statement.1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).1[8A.
Omitted].1. Omitted by Act No. 46 of 1999 (w.e.f. 1-7-2002).1[9.
Subsequent pleadings.No pleading subsequent to the written
statement of a defendant other than by way of defence to set-off or
counter-claim shall be presented except by the leave of the Court and
upon such terms as the Court thinks fit; but the Court may at any time
require a written statement or additional written statement from any of
the parties and fix a time of not more than thirty days for presenting
the same.1. Rule 9 were omitted by Act No. 46 of 1999, section 18 but
now again substituted by Act No. 22 of 2002 (w.e.f. 1-7-2002).1[10.
Procedure when party fails to present written statement called for by
Court.Where any party from whom a written statement is required
under rule 1 or rule 9 fails to present the same within the time
permitted or fixed by the Court, as the case may be, the Court shall
pronounce judgment against him, or make such Order relating to the
suit as it thinks fit and on the pronouncement of such judgment a
decree shall be drawn up."].1. Rule 10 were omitted by Act No. 46 of
1999, section 18 but now again substituted by Act No. 22 of 2002 (w.e.f.
1-7-2002).HIGH COURT AMENDMENTSAllahabad.-In Order VIII, after
rule 10, insert the following rules, namely:-"11. Every party, whether
original, added or substituted, who appears in any suit or other
proceeding shall on or before the date fixed in the summons or notice
served on him as the date of hearing file in Court proceeding stating his
address for service, written in Hindi written in Devnagri Script, and if he
fails to do so he shall be liable to have his defence, if any, struck out and
to be placed in the same position as if he had not defended. In this
respect the Court may act suo motu or on the application of any party
for an Order to such effect, and the Court may make such Order as it
thinks just12. Rules 20, 22, 23, 24 and 25 of Order VII shall apply, so far
as may be, addressed for service, filed under the preceding rule."[Vide
Amended by Uttar Pradesh Gazette, Ft. II, dated 17th December,
1970.]Bombay.-In Order VIII, after rule 10, insert the following rules,
namely:-"11. (1) (a) Parties to fix addresses.-Every party, whether
original, added or substituted, who appears in any suit or other
proceeding, shall file in the Court on or before the date fixed in the
summons on notice served on him as date for his appearance or within
such further time as may be allowed by the Court, a memorandum in
writing stating the address at which he may be served.(b) Registered
address.-This address shall be called the "registered address" and it
shall subject to rule 24 of Order VII read with rule 12 of this Order, hold
good in all proceedings in the suit and in appeals and also for a further
period of six years from the date of the final decision for all purposes
including those of execution.(c) Consequences of default in filing
registered address.-If, after being registered to file the registered
address within a specified time, he fails to do so, he shall be liable to
have his defence, if any, struck out and to be placed in the same
position as if he had not defended. If this respect, the Court may add
suo motu or on the application of any party for an Order to such effect
and the Court may make such Order as it thinks fit.(2) When default
may be condoned.-Where the Court has struck out the defences under
sub-rule (1) and has adjourned the hearing of the suit or the
proceeding and where the defendant or the opposite party at or before
such hearing appears and assigns sufficient cause for his failure to file
the registered address and also files the unregistered address, he may,
upon terms as the Court directs as to costs or otherwise, be heard in
answer to the suit or the proceeding as if the defences had not been
struck out.(3) When decree passed on default can be set aside.-Where
the Court has struck out the defences under sub-rule (1) and has
consequently passed a decree or Order, the defendant or the opposite
party, as the case may be, may apply to the Court by which he files a
registered address and satisfies the Court that he was prevented by any
sufficient cause from filing the address, the Court shall make an Order
setting aside the decree or Order as against him upon such terms as to
costs or otherwise as it thinks fit and shall appoint a date for
proceeding with the suit or proceeding:Provided that where the decree
or Order is of such a nature that it cannot be set aside as against such
defendant or opposite party only, it may be set aside as against all or
any of the other defendants or the opposite parties.12. Applicability of
rules 20 and 22 to 26 of Order VII.-Rules 20, 22, 23, 24, 25 and 26 of
Order VII shall apply so far as they may be applicable, to registered
address filed under the last preceding rule.Counter-Claim13. Defendant
may set up counter-claim against the claims of the plaintiff in addition
to set-off.-A defendant in a suit, in addition to his right of pleading a set-
off under Order VIII, Rule 6 of the Code of Civil Procedure, 1908 may set
up by way of counter-claim against the claims of the plaintiff any right
or claim in respect of a cause of action accruing to the defendant either
before or after the filing of the suit, but before the defendant has
delivered his defence and before the time limited for delivering his
defence has expired, whether such counter-claim sounds in damages or
not, and such counter-claim shall have the same effect as a cross-suit so
as to enable the Court to pronounce a final judgment in the same suit
both on the original and on the counter-claim, and the plaintiff (if so
advised) shall be at liberty to file a written statement in answer to the
counter-claim of the defendant within four weeks after service upon
him or his pleader of a copy of the defendant's counter-claim, and the
Court or a Judge may, on the application of the plaintiff before, trial, if
in the opinion of the Court or Judge such counter-claim cannot be
disposed of in the pending suit or ought not to be allowed, refuse
permission to the defendant to avail himself thereof, and require him to
file a separate suit in respect thereof.14. Defendant setting up a
counter-claim to specifically state so in the written statement.-Where
any defendant seeks to rely upon any grounds as supporting a right of
counter-claim he shall, in his written statement state specifically that he
does so by way of counter-claim.15. Where the counter-claim involves
in addition to the plaintiff other persons also, the defendant to add
further title of the written statement and deliver copies of his written
statement to such persons as are already parties to the suit.-Where a
defendant by a written statement sets up any counter-claim which
raises questions between himself and the plaintiff along with any other
persons, he shall add to the title of his written statement a further title
similar to the title in a plaint, setting-forth the names of all the persons
who, in such counter-claim were to be enforced by a cross-suit, would
be defendants to such cross-suit, and shall deliver copies of his written
statement to such of them as are already parties to the suit within the
period within which he is required to deliver it to the plaintiff.16.
Service of summons when counter-claim is against persons who are not
already parties to the suit.-Where any such person as is mentioned in
the last preceding rule, is not already a party to the suit, he shall be
summoned to appear by being served with a copy of the written
statement and such service shall be regulated by the same rules as are
contained in the Code of Civil Procedure, 1908, with respect to the
service of a writ of summons.17. Appearance of persons other than
defendants to the suit, when served with counterclaim.-Any person not
a defendant to the suit, who is served with a written statement and
counter-claim as aforesaid, must appear therein as if he had been
served with a writ of summons to appears in the suit.18. Reply to
counter-claim.-A person named in a written statement as a party to a
counter-claim whereby made, may deliver a reply within the time,
within which he might deliver a written statement if it were a plaint.19.
Objection to counter-claim being allowed to be set up in the suit.-
Where a defendant sets up a counter-claim, if the plaintiff or any other
person named in the manner aforesaid as party to such counter-claim
contends that the claim thereby raised ought not to be disposed of by
way of counter-claim but in an independent suit, he may, at any time
before reply, apply, to the Court or a Judge for an Order that such
counter-claim may be excluded and the Court or Judge may, on the
hearing of such application, make such Order as shall be just.20.
Counter-claim may be proceeded with even if suit be stayed,
discontinued or dismissed-If in any case in which the defendant sets up
a counter-claim the suit of the plaintiff is stayed, discontinued or
dismissed, the counter-claim may nevertheless be proceeded with.21.
On default of replay to counter-claim, the counter-claim may be set
down for judgment.-If the defendant to the counter-claim makes
default in putting in reply to the counter-claim, the defendant in the
suit, who is the plaintiff to the counter-claim, may in such cases get the
suit set down for judgment on the counter-claim, and such judgment
shall be given as the Court shall consider him to be entitled to.22.
Judgment when set-off or counter-claim is established.-Where in any
suit a set-off or counter-claim is established as a defence against the
plaintiffs claim, the Court or a Judge may, if the balance is in favour of
the defendant give judgment for the defendant for such balance, or
may otherwise adjudge to the defendant such relief as he may be
entitled upon the merits of the case, (w.e.f. 1-11-1966)Third Party
Procedure1 [23. Third Party Notice.-Where in a suit a defendant claims
against any person not already a party to the suit (hereinafter called the
Third Party)-(a) that he is entitled to contribution or indemnity, or(b)
that he is entitled to any relief or remedy to or connected with the
subject-matter of the suit and substantailly the same as some relief or
remedy claimed by the plaintiff, or(c) that any question or issue relating
to or connected with the subject-matter of the suit is substantially the
same as some question or issue arising between the plaintiff and the
defendant and should properly be determined not only as between the
plaintiff and the defendant but as between the plaintiff and the
defendant and the Third Party or between any or either of them, he
may apply to the Court for leave to issue a notice (hereinafter called the
Third Party Notice) to that effect. The application shall be made by
affidavit, stating the nature of the claim made by the defendant and the
facts on which proposed- Third Party Notice is based and may be made
ex parte. The application shall be made within four weeks from the
service of the summons upon defendant.24. From and Service of
Notice.-(1) Third Party Notice shall state the nature of the claim made
by the plaintiff against the defendant and the nature and grounds of
the claim made by the defendant against the Third Party or the nature
and extent of any relief or remedy by him against Third Party or the
nature of the question or issue sought to be determined and shall be
sealed with the seal of the Court. It shall be served on the Third Party
according to the rules relating to service of summons and shall, unless
otherwise Ordered, be served within two weeks from the date of the
Order granting leave to issue the Third Party Notice. A copy of the plaint
and copy of the affidavit of the defendant in support of the Third Party
Notice shall be served on the Third Party along with the Third Party
Notice.(2) A copy of the Third Party Notice and of the affidavit of the
defendant in support of the Third Party Notice shall be furnished to all
parties to the suit within two weeks from the date of the Order granting
leave to issue the Third Party Notice.25. Effect of Service of Notice.-The
Third Party shall, as from the time of the service upon him the Notice,
be a party to the suit with the same rights in respect of his defence
against any claim made against him and otherwise as if he had been
duly sued in the ordinary way by the defendant.26. Third Party to enter
Appearance or Vakalatnama.-If the Third Party desires to dispute the
plaintiffs claim in the suit as against the defendant on whose behalf the
Notice has been issued or his own liability to the defendant the Third
Party shall enter an appearance in-person or a Vakalatnama, in the suit
within two weeks from the service of the Notice:Provided that a person
so served and failing to appear within the said period of two weeks may
apply to the Court for leave to appear and such leave may be given on
such terms, if any, as the Court may think fit.27. Consequence of Failure
to enter Appearance or Vakalatnama.-If the Third Party does not enter
an appearance in person or a Vakalatnama he shall be deemed to admit
the claim stated in the Third Party Notice and shall be bound by any
judgment or decision in the suit whether by consent or otherwise, in so
far as it is relevant to any claim, question or issue stated in the
Notice.28. Decree when Third Party makes Default in Appearance or
Vakalatnama.Where the Third Party makes Default in entering an
appearance in person or a Vakalatnama in the suit,-(1) in cases where
the suit is tried and results in favour of the plaintiff, the Court which
tries the suit may, at or after the trial, pass such decree in favour of the
defendant against the Third Party as the nature of the case may
require:Provided that, execution thereof shall not issue without the
leave of the Court until the decree against the defendant has been
satisfied, and(2) in cases where the suit is decided in plaintiff's favour,
otherwise than by trial the Court may, at any time after the decree
against the defendant has been satisfied, on the application of the
defendant pass such decree in favour of the defendant against the Third
Party as the nature of the case may require.29. Third Party to file
Affidavit in Reply.-If the Third Party enters an appearance in person or a
Vakalatnama he shall file within two weeks thereafter an affidavit in
reply to the affidavit of the defendant in support of the Third Party
Notice, setting out his case in respect of the Third Party Notice, and his
case, if any, in respect of the plaint.30. Appearance or Vakalatnama of
Third Party directions to be given.-(1) Where the Third Party enters an
appearance in person or a Vakalatnama and files his affidavit as
required by the last preceding rule, and the suit appears on Board for
directions before the Court it may,-(a) Order any claim, question or
issue stated in the Third Party Notice to be tried in such manner, before,
at or after the trial of the suit, as the Court may think fit and may, in
that event, give the Third Party leave to defend the suit either along or
jointly with any defendant, upon such terms as he may think just, or to
appear at the trial and take such part therein as he may think just and
generally may make such Orders and give such directions as may
appear proper for having the questions and the rights and liabilities of
the parties most conveniently determined and enforced and as to the
extent to which the Third Party shall be bound or made liable by any
decree in the suit, or(b) dismiss the Third Party Notice.(2) Any Order
made or direction given under this rule may be varied or rescinded by
the Court at any time before the disposal of the suit.31. Defendant to
apply for directions in certain cases.-Where for any reason it is not
possible for the Court to give direction on the Third Party Notice at the
time when the suit appears on the Board by directions, the defendant
issuing the Third Party Notice shall, within two weeks, after the filing of
the affidavit in reply by the Third Party apply for directions. Upon the
hearing of such applications, the Court may pass such Orders and give
such directions as are mentioned in the last preceding rule.32. Costs.-
The Court may decide all questions of costs as between a Third Party
and the other parties to the suit, and may Order any one or more to
pay the costs of any other, or others or give such directions to costs as
the justice of the case may require.33. Setting aside Third Party
proceedings.-Proceedings on a Third Party Notice may, at any stage of
the proceedings, be set aside by the Court.34. Right of the Third Party
and of each successive Third Party to apply for Third Party Notice
against other persons.-(1) Where the Third Party makes against any
person not already a party to the suit (to be called 'the Second Third
Party') such a claim as is mentioned in rule 23 he may by leave of the
Court issue a Third Party Notice to that effect.(2) Where the Second
Third Party in his turn makes such a claim as is mentioned in rule 23
against any person not already a party to the suit (to be called 'the
Third Party') or where each successive Third Party in his turn makes
such a claim against any person not already a Party to the suit, such
Second Third Party or any successive Third Party may, by leave of the
Court issue a Third Party Notice to that effect.(3) The provisions
contained in the preceding rules as to Third Party Procedure shall, with
any necessary modification apply to all cases where Third Party Notice
have been issued, where at the instance of the Third Party or any
successive Third Party.35. Right of defendant to issue Third Party Notice
against co-defendant.-(1) Where a defendant makes against a co-
defendant such a claim as is mentioned in rule 23 he may, without
leave of the Court, issue and serve on such co-defendant within six
weeks from the service of the summons upon him (the defendant
making the claim) a notice stating the nature and ground of such claim
and shall at the same time file an affidavit in support of such claim and
furnish copies thereof to all parties in the suit.(2) The provisions
contained in the preceding rules regarding Third Party Procedure shall,
with necessary modification, apply to cases where a defendant has
issued such notice against a co-defendant, but nothing herein
contained shall prejudice the rights of the plaintiff against any
defendant in the suit.36. Third Party proceeding in a counter-claim.-
Where in any suit a counter-claim is made by a defendant the
provisions contained in the preceding rules regarding Third Party
Procedure shall, with any necessary modifications, apply in relation to
the counter-claim as if the subject-matter of the counter-claim were the
subject-matter of the suit, and as if the person making the counter-
claim were the plaintiff and the person against whom it is made a
defendant."]1. Rules 23 to 36 subs, for rules 23 to 30 by Notification
No. P. 0102/77, published in the Maharashtra Government Gazette, Pt.
IV-ka, dated 31st December, 1987.Delhi.-Same as in Punjab.Gujarat.-In
Order VIII, after rule 10, insert the following rules, namely:- ;"11. Parties
to addresses.-Every party, whether original, added or substituted, who
appears in any suit or other proceedings shall on or before the date
fixed in the summons or notice served on him as the date of hearing,
file in court a memorandum in writing stating his address for service,
and if he fails to do so, he shall be liable to have his defence, if any,
struck out and to be placed in the same position as if he had not
defended. In this respect the Court may act suo motu
CPC Order 9 - 1[2. Dismissal of suit where summons not served in consequence of the
APPEARANCE OF plaintiffs failure to pay costWhere on the day so fixed it is found that
PARTIES AND the summons has not been served upon the defendant in consequence
CONSEQUENCE OF of the failure of the plaintiff to pay the court-fee or postal charges, if
NON-APPEARANCE (THE any, chargeable for such service, or failure to present copies of the
FIRST Schedule) plaint as required by rule 9 of Order VII, the Court may make an Order
that the suit be dismissed:Provided that no such Order shall be made,
if, notwithstanding such failure, the defendant attends in person or by
agent when he is allowed to appear by agent on the day fixed for him to
appear and answer.]1. Rule 2 was substituted by Act No. 46 of 1999.
section 19 and now again substituted by Act No. 22 of 2002. Section
10(w.e.f. 1-7-2002).3. Where neither party appears, suit to be
dismissedWhere neither party appears when the suit is called on for
hearing, the Court may make an Order that the suit be dismissed.4.
Plaintiff may bring fresh suit or Court may restore suit to file.Where a
suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the
law of limitation) bring a fresh suit, or he may apply for an Order to set
the dismissal aside, and if he satisfies the Court that there was
sufficient cause for 1[such failure as is referred to in rule 2], or for his
non-appearance, as the case may be, the Court shall make an Order
setting aside the dismissal and shall appoint a day for proceeding with
the suit.HIGH COURT AMENDMENTSDelhi.-Same as in Gujarat.Gujarat.-
In Order IX, renumber rule 4 as sub-rule (1) thereof and insert the
following sub-rule, namely:-"(2) The provisions of section 5 of Indian
Limitation Act, 1908 (9 of 1908), shall apply to applications under this
rule."Himachal Pradesh.-Same as in Gujarat.Madhya Pradesh.-Same as
in Gujarat.Orissa.-In Order IX, in rule 4, insert the following proviso,
namely:-"Provided that in cases where the defendant had entered into
contract by filing his defence, no suit shall be restored without notice to
him." (w.e.f 14-5-1984)Punjab.-Same as in Gujarat.1. Ins. by Art No. 104
of 1976 (w.e.f. 1-2-1977).5. Dismissal of suit where plaintiff after
summons returned unserved, fails for one month to apply for fresh
summons2[(1) Where after a summons has been issued to the
defendant, or to one of several defendants, and returned unserved the
plaintiff fails, for a periods of 1[seven days] from the date of the return
made to the Court by the officer ordinarily certifying to the Court
returns made by the serving officers, to apply for the issue of a fresh
summons the Court shall make an Order that the suit be dismissed as
against such defendant, unless the plaintiff has within the said period
satisfied the Court that-(a) he has failed after using his best endeavours
to discover the residence of the defendant, who has not been served,
or(b) such defendant is avoiding service of process, or(c) there is any
other sufficient cause for extending the time, in which case the Court
may extend the time for making such application for such period as it
thinks fit.](2) In such case the plaintiff may (subject to the law of
limitation) bring a fresh suit.HIGH COURT AMENDMENTSBombay.-In
Order IX, in rule 5, for sub-rule (1), substitute the following sub-rule,
namely:-"(1) Where, after a summons has been issued to the
defendant, or to one of several defendants, and returned unserved, the
plaintiff fails, for a period of two months from the next hearing of the
suit to apply for issue of a fresh summons the Court shall make an
Order that the suit be dismissed as against such defendant, unless the
plaintiff within the said period satisfied the Court that-(a) he has failed,
after using his best endeavour to discover the residence of the
defendant who has not been served, or(b) such defendant is avoiding
service of process, or(c) there is any other sufficient cause for extending
the time, in which case the Court may extend the time for making such
application for such period as it think fit."[Vide Maharashtra
Notification No. P.O. 102/77, dated 31-12-1987.]Gujarat-Same as in
Bombay.Kerala.-In Order IX, in rule 5,-(i) for the marginal heading,
substitute the following marginal heading-"Dismissal of suit where
plaintiff fails to apply for steps".(ii) in sub-rule (i), for the words "from
the date of the return made to the Court by the officer ordinarily
certifying to the Court returns made by the serving officers", substitute
the words "from the next hearing of the suit or from the notice
regarding the non-service of summons given by the Court to the
plaintiff or counsel".Orissa.-In Order IX, for rule 5, substitute the
following rule, namely:-"5. Dismissal of suit where plaintiff, after
summons returned unserved, fails to file necessary requisites for fresh
summons.-(1) Where after summons has been issued to the defendant,
or to one of several defendants and returned unserved, the plaintiff
fails to file necessary requisites for a fresh summons, within the period
fixed by the Court, it shall make an Order that the suit be dismissed as
against such defendant, and(2) In such a case, the plaintiff may (subject
to the law of limitation) bring a fresh suit." (w.e.f. 3-5-1968)1. Subs. by
Act 104 of 1976, sec. 59, for "three months" (w.e.f. 1-2-1977) and again
subs. by Act No. 46 of 1999, section 19 (w.e.f. 1-7-2002) for one
months".2. Subs. by Act 24 of 1920, sec. 2, sub-rule (1)6. Procedure
when only plaintiff appears(1) Where the plaintiff appears and the
defendant does not appear when the suit is called on for hearing, then-
1[(a)] When summons duly served-if it is proved that the summons was
duly served, the Court may make an Order that the suit shall be heard
ex pane.](b) When summons not duly served-if it is not proved that the
summons was duly serve, the Court shall direct a second summons to
be issued and served on the defendant;(c) When summons served but
not in due time-if it is proved that the summons was served on the
defendant, but not in sufficient time to enable him to appear and
answer on the day fixed in the summons,the Court shall postpone the
hearing of the suit to future day to be fixed by the Court, and shall
direct notice of such day to be given to the defendant.(2) Where it is
owing to the plaintiffs' default that the summons was not duly served
or was not served in sufficient time, the Court shall Order the plaintiff
to pay the costs occasioned by the postponement.HIGH COURT
AMENDMENTPatna.-In Order IX, in rule 6, in sub-rule (1), in clause (c),
omit the words "and shall direct notice of such day to be given to the
defendant" and substitute a full stop for the comma after the word
"Court", (w.e.f. 6-5-1946)1. Subs, by Act No. 104 of 1976 for clause (a)
(w.e.f 1-2- 1977).7. Procedure where defendant appears on day of
adjourned hearing and assigns good cause for previous non-
appearance.Where the Court has adjourned the hearing of the suit ex-
parte and the defendant, at or before such hearing, appears and assigns
good cause for his previous non-appearance, he may, upon such terms
as the Court directs as to costs or otherwise, be heard in answer to the
suit as if he had appeared on the day, fixed for his appearance.HIGH
COURT AMENDMENTRajasthan.-In Order IX, for rule 7, substitute the
following rule, namely:-"7. Where the Court has adjourned the hearing
of the suit after making an Order that it be heard ex parte and the
defendant at or before such hearing appears and assigns good cause for
his previous non-appearance, the Court may upon such terms as it
directs as to costs or otherwise, set aside the Order for the hearing of
the suit ex parte and hear the defendant in answer to the suit as if he
had appeared on the day fixed for his appearance."[Vide Notification
No. 13/SRO, dated 30th June 1956.]8. Procedure where defendant only
appearsWhere the defendant appears and the plaintiff does not appear
when the suit is called on for hearing, the Court shall make an Order
that the suit be dismissed, unless the defendant admits the claim or
part thereof, in which case the Court shall pass a decree against the
defendant upon such admission, and, where part only of the claim has
been admitted, shall dismiss the suit so far as it relates to the
remainder.9. Decree against plaintiff by default bars fresh suit(1) Where
a suit is wholly or partly dismissed under rule 8, the plaintiff shall be
precluded from bringing a fresh suit in respect of the same cause of
action. But he may apply for an Order to set the dismissal aside, and if
he satisfies the Court that there was sufficient cause for his non-
appearance when the suit was called on for hearing, the Court shall
make an Order setting aside the dismissal upon such terms as to costs
or otherwise as it thinks fit. and shall appoint a day for proceeding with
suit.(2) No Order shall be made under this rule unless notice of the
application has been served on the opposite party.HIGH COURT
AMENDMENTSCalcutta.-In Order IX, in rule 9,-(i) after sub-rule (1),
insert the following sub-rule, namely:-"(2) The plaintiff shall, for service
on the opposite parties, present along with his application under this
rule either-(i) as many copies thereof on plain paper as there are
opposite parties, or(ii) if the Court by reason of the length of the
application or the number of opposite parties or for any other sufficient
reason grants permission in this behalf, a like number of concise
statements."(ii) renumber sub-rule (2) as sub-rule (3).(iii) in sub-rule (3)
as so renumbered, after the words "notice of application" insert the
words "with a copy thereof (or concise statement) as the case may
be".Delhi.-Same as in Punjab.Gauhati.-Same as in Calcutta.Himachal
Pradesh.-Same as in Punjab.Punjab.-In Order IX, in rule 9, in sub-rule
(1), insert the following proviso, namely:-"Provided that the plaintiff
shall not be precluded from bringing another suit for redemption of a
mortgage, although a former suit may have been dismissed for
default."[Vide Notification No. 2212-G, dated 12th May, 1909.110.
Procedure in case of non-attendance of one or more of several
plaintiffsWhere there are more plaintiffs than one, and one or more of
them appear, and the others do not appear, the Court may, at the
instance of the plaintiff or plaintiffs appearing, permit the suit to
proceed in the same way as if all the plaintiffs had appeared, or make
such Order as it thinks fit.11. Procedure in case of non-attendance of
one or more of several defendantsWhere there are more defendants
than one, and one or more of them appear, and the others do not
appear, the suit shall proceed, and the Court shall, at the time of
pronouncing judgment, make such Order as it thinks fit with respect to
the defendants who do not appear.12. Consequence of non-
attendance, without sufficient cause shown, of party Ordered to appear
in personWhere a plaintiff or defendant, who has been Ordered to
appear in person, does not appear in person, or show sufficient cause
to the satisfaction of the Court for failing so to appear, he shall be
subject to all the provisions of the foregoing rules applicable to
plaintiffs and defendants, respectively who do no appear.Setting aside
decrees ex parte13. Setting aside decree ex parte against defendantIn
any case in which a decree is passed ex parte against a defendant, he
may apply to the Court by which the decree was passed for an Order to
set it aside; and if he satisfies the Court that the summons was not duly
served, or that he was prevented by any sufficient cause from
appearing when the suit was called on for hearing, the Court shall make
an Order setting aside the decree as against him upon such terms as to
costs, payment into Court or otherwise as it thinks fit, and shall appoint
a day for proceeding with the suit;Provided that where the decree is of
such a nature that it cannot be set aside as against such defendant only
it may be set aside as against all or any of the other defendants
also:1[Provided further that no Court shall set aside a decree passed ex
parte merely on the ground that there has been an irregularity in the
service of summons, if it is satisfied that the defendant had notice of
the date of hearing and had sufficient time to appear and answer the
plaintiff s claim]2[Explanation.-Where there has been an appeal against
a decree passed exparte under this rule, and the appeal has been
disposed of on any ground other than the ground that the appellant has
withdrawn the appeal, no application shall lie under this rule for setting
aside that ex parte decree.]HIGH COURT AMENDMENTSAllahabad.-In
Order IX, in rule 13, after second proviso, insert the following proviso,
namely:-"Provided also that no such decree shall be set aside merely on
the ground of irregularity in the service of summons if the Court is
satisfied that the defendant knew, or but for his wilful conduct would
have known, of the date of hearing in sufficient time to enable him to
appear and answer the plaintiff's claim."Andhra Pradesh.-Same as in
Madras.Bombay.-In Order IX, for rule 13, substitute the following rule,
namely:-"13. Setting aside decree ex parte against defendant.-In any
case in which a decree is passed ex parte against a defendant, he may
apply to the Court by which the decree was passed for an Order to set
it aside; and if he satisfies the Court that the summons was not duly
served, or that the was sufficient cause for his failure to appear when
the suit was called on for hearing, the Court shall make an Order setting
aside the decree as against him upon such terms as to costs payment
into Court or otherwise as it thinks fit, and shall appoint a day for
proceeding with the suit:Provided that where the decree is of such a
nature that it cannot be set aside as against such defendant only, it may
be set aside as against all or any of the other defendants also:Provided
also that no such decree shall be set aside merely on the ground of
irregularity of service of summons, if the Court is satisfied that the
defendant knew, or but for his wilful conduct would have known, of the
date of hearing in sufficient time it enable him to appear and answer
the plaintiff's claim.Explanation I.-Where a summons has been served
under Order V, rule 15, 01, adult male member having an interest
adverse to that of the defendant in the subject, matter of the suit, it
shall not be deemed to have been duly served within the meaning of
this rule.Explanation II.-Where there has been an appeal against a
decree passed ex party under this rule, and the appeal has been
disposed of on any ground other than the ground that the appellant has
withdrawn the appeal, no application shall lie under this rule for setting
aside that ex parte decree." (w.e.f. 1-10-1983)Calcutta.-In Order IX,
renumber rule 13 as sub-rule (1) thereof and insert the following sub-
rule, namely:-"(2) The defendant shall, for service on the opposite
party, present along with his application under this rule either-(i) as
many copies thereof of plain paper as there are opposite parties, or(ii)
in the Court by reason of the length of the application or the number of
opposite parties or for any other sufficient reason grants permission in
this behalf, a like number of concise statements."[Vide Notification No.
3316-G, dated 3rd February, 1933.]Delhi.-Same as in Madhya
Pradesh.Gauhati.-Same as in Calcutta.Gujrat.-Same as in Madhya
Pradesh.Himachal Pradesh.-Same as in Madhya Pradesh.Kerala.-In
Order IX,-(i) renumber rule 13 as sub-rule (1) thereof;(ii) at the end of
the existing proviso insert the words "after notice to them";(iii) after
the existing proviso so amended, insert a further proviso as in
Madras;(iv) after sub-rule (1) as so renumbered, insert sub-rule (2) as in
Madras, (w.e.f. 9-6-1959).[Ed.-This amendment relates to rule 13 prior
to its amendment by Central Act 104 of 1976, sec. 59 (w.e.f. 1-2-
1977).]Madhya Pradesh.-In Order IX:-(a) renumber rule 13 as sub-rule
(1) thereof;(b) in sub-rule (1) as so renumbered, substitute the words
"there was sufficient cause for his failure to appearing" for the words
"he was prevented by any sufficient cause from appearing".(c) in sub-
rule (1) as so renumbered, second proviso and Explanations are same
as in Bombay;(d) after sub-rule (1) as so renumbered, insert the
following sub-rule, namely:-"(2) The provisions of section 5 of the
Indian Limitation Act, 1908 (9 of 1908), shall apply to applications
under sub-rule (1)."Madras.-In Order IX,-(a) renumber rule 13 as sub-
rule (1) thereof;(b) same as in Madhya Pradesh (b).Orissa.-In Order IX-
(a) renumber rule 13 as sub-rule (1) thereof;(b) same as in Madhya
 Pradesh (b);(c) in sub-rule (1) as so renumbered, renumber Explanation
as Explanation I and insert the following Explanation, namely:-
"Explanation II.-A summons served under Order V, rule 15 on an adult
male member having an interest adverse to that of the defendant in the
subject-matter of the suit shall not be deemed to have been duly
served within the meaning of the rule."[Vide Notification No. 24-X-7-52,
dated 14th May, 1954.][Ed.-These amendments relate to rule 13 prior
to its amendment by Central Act 104 of 1976, sec. 59 (w.e.f. 1-2-
1977).]1. Added by Act No. 104 of 1976 (w.e.f. 1-2-1977).2. Ins. by Act
No. 104 of 1976 (w.e.f. 1-2-1977).14. No decree to be set aside without
notice to opposite partyNo decree shall be set aside on any such
application as aforesaid unless notice thereof has been served on the
opposite party.HIGH COURT AMENDMENTSBombay.-In Order IX, after
rule 14, insert the following rule, namely-"15. Application of the
provisions of this Order to Appeals.-In the application of this Order to
appeals, so far as may be, the word 'plaintiff shall be held to include an
appellant, the word 'defendant' a respondent, and the word 'suit', an
"appeal." {w.e.f. 1-10-1983)Calcutta.-In Order IX, in rule 14, substitute
the words "together with a copy thereof (or concise statement as the
case may be) "for the word "thereof".[Vide Notification No. 3516-G,
dated 3rd February, 1933.]Gauhati.-Same as in Calcutta.Gujarat-Same as
in Bombay.Bombay.-In Order IX, after rule 14, insert the following rule,
namely-"R.15. Application of the provisions of this Order to Appeals:-In
the application of this Order to appeals, so far as may be, the word
'plaintiff shall be held to include an appellant, the word 'defendant', a
respondent, and the word 'suit' and 'appeal'." (w.e.f. 1-10-1983)

CPC Order 10 - 1. Ascertainment whether allegations in pleadings are admitted or

EXAMINATION OF denied-At the first hearing of the suit the Court shall ascertain from
PARTIES BY THE COURT each party or his pleader whether he admits or denies such allegations
of fact as are made in the plaint or written statement (if any) of the
opposite party, and as are not expressly or by necessary implication
admitted or denied by the party against whom they are made. The
Court shall record such admissions and denials.1[1A. Direction of the
Court to opt for any one mode of alternative dispute resolution.After
recording the admissions and denials, the court shall direct the parties
to the suit to opt either mode of the settlement outside the court as
specified in sub-section .(1) of section 89. On the option of the parties,
the court shall fix the date of appearance before such forum or
authority as may be opted by the parties.1. Added by Act No. 46 of
1999, Section 20 (w.e.f. 1 -7-2002).1B. Appearance before the
conciliatory forum or authorityWhere a suit is referred under rule 1 A,
the parties shall appear before such forum or authority for conciliation
of the suit.1C. Appearance before the court consequent to the failure of
efforts of conciliationWhere a suit is referred under rule 1A and the
presiding officer of conciliation forum or authority is satisfied that it
would not be proper in the interest of justice to proceed with the
matter further, then, it shall refer the matter again to the Court and
direct the parties to appear before the court on the date fixed by
it.]1[2. Oral examination of party, or companion of party(1) At the first
hearing of the suit, the Court-(a) shall, with a view to elucidating
matters in controversy in the suit examine orally such of the parties to
the suit appearing in person or present in Court, as it deems fit; and(b)
may orally examine any person, able to answer any material question
relating to the suit, by whom any party appearing in person or present
in Court or his pleader is accompanied.(2) At any subsequent hearing,
the Court may orally examine any party appearing in person or present
in Court, or any person, able to answer any material question relating
to the suit, by whom such party or his pleader is accompanied.(3) The
Court may, if it thinks fit, put in the course of an examination under this
rule questions suggested by either party.]1. Sub. by Act No. 104 of
1976, for rule 2, (w.e.f. 1-2-1977).13. Substance of examination to be
writtenThe substance of the examination shall be reduced to writing by
the Judge, and shall form part of the record.1. This rule is not applicable
to the Chief Court of Oudh, see the Oudh Court Act, 1925 (U.P. 4 of
1925), sec. 16(2).4. Consequence of refusal or inability of pleader to
answer(1) Where the pleader of any party who appears by a pleader or
any such person accompanying a pleader as is referred to in rule 2,
refuses or is unable to answer any material question relating to the suit
which the Court is of opinion that the party whom he represents ought
to answer, and is likely to be able to answer if interrogated in person,
the Court 1[may postpone the hearing of the suit to a day not later
than seven days from the date of first hearing] and direct that such
party shall appear in person on such day.(2) If such party fails without
lawful excuse to appear in person on the day so appointed, the Court
may pronounce judgment against him, or make such Order in relation
to the suit as it thinks fit.1. Subs, by Act No. 46 of 1999, section 20
(w.e.f. 1-7-2002) for "may postpone the hearing of the suit to a future
day".
CPC Order 11 - 1. Discovery by interrogatoriesIn any suit the plaintiff or defendant by
DISCOVERY AND leave of the Court may deliver interrogatories in writing for the
INSPECTION examination of the opposite parties or any one or more of such parties
and such interrogatories when delivered shall have a note at the foot
thereof stating which of such interrogatories each of such persons is
required to answer: Provided that no party shall deliver more than one
set of interrogatories to the same party without an Order for that
purpose : Provided also that interrogatories which do not relate to any
matters in question in the suit shall be deemed irrelevant,
notwithstanding that they might be admissible on the oral cross-
examination of a witness.2. Particular interrogatories to be
submittedOn an application for leave to deliver interrogatories, the
particular interrogatories proposed to be delivered shall be submitted
to the court 1[and that court shall decide within seven days from the
day of filing of the said application]. In deciding upon such application,
the Court shall take into account any offer, which may be made by the
party sought to be interrogated to deliver particulars, or to make
admissions, or to produce documents relating to the matters in
question, or any of them, and leave shall be given as to such only of the
interrogatories submitted as the Court shall consider necessary either
for disposing fairly of the suit or for saving costs.1. Ins. by Act No. 46 of
1999, section 21 (w.e.f. 1-7-2002).3. Costs of interrogatoriesIn adjusting
the costs of the suit inquiry shall at the instance of any party be made
into the propriety of exhibiting such interrogatories, and if it is the
opinion of the taxing officer or of the Court, either with or without an
application for inquiry, that such interrogatories have been exhibited
unreasonably, vexatiously, or at improper length, the cost occasioned
by the said interrogatories and the answers thereto shall be paid in any
event by the party in fault.4. Form of interrogatoriesInterrogatories
shall be in Form No. 2 in Appendix C, with such variations as
circumstances may require.5. CorporationsWhere any party to a suit is
a corporation or a body of persons, whether incorporated or not,
empowered by law to sue or be sued, whether in its own name or in
the name of any officer or other person, any opposite party may apply
for an Order allowing him to deliver interrogatories to any member or
officer of such corporation or body, and an Order may be made
accordingly.6. Objections to interrogatories by answerAny objection to
answering any interrogatory on the ground that it is scandalous or
irrelevant or not exhibited bona fide for the purpose of the suit, or that
the matters inquired into are not sufficiently material at that stage, 1[or
on the ground of privilege or any other ground], may be taken in the
affidavit in answer.1. Subs, by Act No. 104 of 1976, for certain words
(w.e.f. 1-2-1977).7. Setting aside and striking out interrogatories.Any
interrogatories may be set aside on the ground that they have been
exhibited unreasonably or vexatiously, or struck out on the ground that
they are prolix, oppressive, unnecessary or scandalous; and any
application for this purpose may be made within seven days after
service of the interrogatories.8. Affidavit in answer,
filing.Interrogatories shall be answered by affidavit to be filed within
ten days or within such other time as the Court may allow.9. Form of
affidavit in answerAn affidavit in answer to interrogatories shall be in
Form No. 3 in Appendix C, with such variations as circumstances may
require.10. No exception to be takenNo exceptions shall be taken to any
affidavit in answer, but the sufficiency or otherwise of any such affidavit
objected to as insufficient shall be determined by the Court.11. Order
to answer or answer furtherWhere any person interrogated omits to
answer, or answer insufficiently, the party interrogating may apply to
the Court for an Order requiring him to answer, or to answer further, as
the case may be. And an Order may be made requiring him to answer
or answer further, either by affidavit or by viva voce examination, as the
Court may direct.12. Application for discovery of documentsAny party
may, without filing any affidavit, apply to the Court for an Order
directing any other party to any suit to make discovery on oath of the
documents which are or have been in his possession or power, relating
to any matter in question therein. On the hearing of such application
the Court may either refuse or adjourn the same, if satisfied that such
discovery is not necessary, or not necessary at that stage of the suit, or
make such Order, either generally or limited to certain classes of
documents, as may, in its discretion be thought fit:Provided that
discovery shall not be Ordered when and so far as the Court shall be of
opinion that it is not necessary either for disposing fairly of the suit or
for saving costs.13. Affidavit of documentsThe affidavit to be made by a
party against whom such Order as is mentioned in the last preceding
rule has been made, shall specify which (if any) of the documents
therein mentioned he objects to produce, and it shall be in Form No. 5
in Appendix C, with such variations as circumstances may require.14.
Production of documentsIt shall be lawful for the Court, at any time
during the pendency of any suit, to Order the production by any party
thereto, upon oath of such of the documents in his possession or
power, relating to any matter in question in such suit, as the Court shall
think right; and the Court may deal with such documents, when
produced, in such manner as shall appear just.15. Inspection of
documents referred to in pleadings or affidavitsEvery party to a suit
shall be entitled 1[at or before the settlement of issues] to give notice
to any other party, in whose pleadings or affidavits reference is made to
any document 2[or who has entered any document in any list annexed
to his pleadings] or produce such document for the inspection of the
party giving such notice, or of his pleader, and to permit him or them to
take copies thereof; and any party not complying with such notice shall
not afterwards be at liberty to put any such document in evidence on
his behalf in such suit unless he shall satisfy the Court that such
document relates only to his own title, he being a defendant to the suit,
or that he had some other cause or excuse with the Court shall deem
sufficient for not complying with such notice, in which case the Court
may allow the same to be put in evidence on such terms as to costs an
otherwise as the Court shall think fit.1. Subs, by Act No. 46 of 1999,
section 21 for certain words (w.e.f. 1-7-2002).2. Ins. by Act No. 104 of
1976 (w.e.f. 1-2-1977).16. Notice to produceNotice to any party to
produce any documents referred to in his pleading or affidavits shall be
in Form No. 7 in Appendix C, with such variations as circumstances may
require.17. Time for inspection when notice givenThe party to whom
such notice is given shall, within ten days from the receipt of such
notice, deliver to the party giving the same a notice stating a time
within three days from the delivery thereof at which the documents, or
such of them as he does not object to produce, may be inspected at the
office of his pleader, or in the case of bankers books or other books of
account or books in constant use for the purposes of any trade or
business, at their usual place of custody, and stating which (if any) of
the documents he objects to produce, and on what ground. Such notice
shall be in Form No. 8 in Appendix C, with such variations as
circumstances may require.18. Order for inspection(1) Where the party
served with notice under rule 15 omits to give such notice of a time for
inspection or objects to give inspection, or offers inspection elsewhere
than at the office of his pleader, the Court may, on the application of
the party desiring it, make an Order for inspection in such place and in
such manner as it may think fit:Provided that the Order shall not be
made when and so far as the Court shall be of opinion that, it is not
necessary either for disposing fairly of the suit or for saving costs.(2)
Any application to inspect documents, except such as are referred to in
the pleadings, particulars or affidavits of the party against whom the
application is made or disclosed in his affidavit of documents, shall be
founded upon an affidavit showing of what documents inspection is
sought, that the party applying is entitled to inspect them, and that
they are in the possession or power of the other party. The Court shall
not make such Order for inspection of such documents when and so far
as the Court shall be of opinion that it is not necessary either for
disposing fairly of the suit or for saving costs.19. Verified copies(1)
Where inspection of any business books is applied for, the Court may, if
it thinks fit, instead of Ordering inspection of the original books, Order
a copy of any entries therein to be furnished and verified by the
affidavit of some person who has examined the copy with the original
entries, and such affidavit shall state whether or not there are in the
original book any and what erasures, interlineations or
alterations:Provided that, notwithstanding that such copy has been
supplied, the Court may Order inspection of the book from which the
copy was made.(2) Where on an application for an Order for inspection
privilege is claimed for any document, it shall be lawful for the Court to
inspect the document for the purpose of deciding as to the validity of
the claim of privilege1[unless the document relates to matters of
State.](3) The Court may, on the application of any party to a suit at any
time, and whether an affidavit of documents shall or shall not have
already been Ordered or made, make an Order requiring any other
party to state by affidavit whether anyone or more specific documents,
to be specified in the application, is or are, or has or have at an time
been, in his possession or power, and, if not then in his possession
when he parted with the same and what has become thereof. Such
application shall be made on an affidavit stating that in the belief of the
deponent the party against whom the application is made has, or has at
some time and, in his possession or power the document or documents
specified in the application, and that they relate to the matters in
questions in the suit, or to some of them.1. Ins. by Act No. 104 of 1976
(w.e.f. 1-2-1977).20. Premature discoveryWhere the party from whom
discovery of any kind or inspection is sought objects to the same, or any
part thereof, the Court may if satisfied that the right to the discovery or
inspection sought depends on the determination of any issue or
question in dispute in the suit, or that for any other reason it is
desirable that any issue or question in dispute in the suit should be
determined before deciding upon the right to the discovery or
inspection, Order that such issue or question be determined first, and
reserve the question as to the discovery or inspection.21. Non-
compliance with Order for discovery1[(1)] Where any party fails to
comply with any Order to answer interrogatories, or for discovery or
inspection of documents, he shall, if a plaintiff, be liable to have his suit
dismissed for want of prosecution, and, if a defendant, to have his
defence, if any struck out, and to be placed in the same position as if he
had not defended, and the party interrogating or seeking discovery or
inspection may apply to the Court for an Order to that effect and 2[an
Order may be made on such application accordingly, after notice to the
parties and after giving them a reasonable opportunity of being
heard.]3[(2) Where an Order is made under sub-rule (1) dismissing any
suit, the plaintiff shall be precluded from bringing a fresh suit on the
same cause of action.]1. Rule 21 renumbered as sub-rule (1) of that rule
by Act No. 104 of 1976, (w.e.f. 1-2-1977).2. Subs, by Act No. 104 of
1976 for "an Order may be made accordingly" (w.e.f. 1-2-1977).3. Ins.
by Act No. 104 of 1976 (w.e.f. 1-2-1977).22. Using answers to
interrogatories at trialAny party may, at the trial of a suit, use in
evidence any one or more of the answers or any part of an answer of
the opposite party to interrogatories without putting in the others or
the whole of such answer :Provided always that in such case the Court
may look at the whole of the answers, and if it shall be of opinion that
any others of them are so connected with those put in that the last-
mentioned answers ought not to be used without them, it may direct
them to be put in.23. Order to apply to minorsThis Order shall apply to
minor plaintiffs and defendants, and to the next friends and guardians
for the suit of the persons under disability.HIGH COURT
AMENDMENTKarnataka.-In Order XI, after rule 23, insert the following
rules, namely-"24. If where inspection has been Ordered out of Court
or is to be given out of Court, it found that a satisfactory inspection
cannot be obtained, or if it is shown that the documents are being or
likely to be tempered with, an application may be made to Court for an
Order for the deposit and inspection of the documents in Court. Such
application shall be supported by affidavit. Notice of such application
shall be given to the party effected thereby and Orders passed only
after hearing both sides, if they appear on the date fixed for hearing in
the notice, or on any other date to which the hearing of the same may
be adjourned thereafter.25. A defendant upon whom summons to
appear and answer the plaint has been served, shall on entering,
appearance before filing his written statement be entitled along with
his pleader, if any, to inspect all documents to produced with the plaint
and lying in the custody of the Court.26. A plaintiff as well as every
defendant on whom summons has been served and who has entered
appearance shall be entitled along with his pleader, if any, to inspect all
documents produced into Court by any party to the suit." (w.e.f. 30-3-
1967)
CPC Order 12 - 1. Notice of admission of caseAny party to a suit may give notice, by his
ADMISSIONS pleading, or otherwise in writing, that he admits the truth of the whole
or any part of the case of any other party.2. Notice to admit
documentsEither party may call upon the other party1[to admit, within
2[seven] days from the date of service of the notice any document,]
saving all just exceptions; and in case of refusal or neglect to admit,
after such notice, the costs of proving any such document shall be paid
by the party so neglecting or refusing, whatever the result of the suit
may be, unless the Court otherwise directs; and no costs of proving any
document shall be allowed unless such notice is given, except where
the omission to give the notice is, in the opinion of the Court, a saving
of expense.HIGH COURT AMENDMENTSAllahabad.-In Order XII, after
rule 2,-(a) after the words "neglect to admit", insert the words "without
sufficient cause";(b) for the word "the" occurring between the words
"after such notice" and the words "costs of printing" substitute the
words "such special";(c) after the words "any such document", insert
the words "as may be fixed by the Court not exceeding fifty rupees for
each document;"(d) after the words "the result of the suit may be" omit
the comma and the words "unless the Court otherwise directs and the
semicolon thereafter occurring.[Vide Notification No. 43/VII-d-29,
dated 1-6-1957.]Patna:- In Order XII, in rule 2, at the end, insert the
following words, namely:-"The Court may allow a penal cost in case of
wrongful or unreasonable refusal to admit documents irrespective of
the result of the litigation." (w.e.f. 26-7-1972)1. Subs, by Act No. 104 of
1976 for "to admit any document" (w.e.f. 1-2-1977).2. Subs. Act No. 46
of 1999, section 22 for "fifteen" (w.e.f. 1-7-2002).1[2A. Document to be
deemed to be admitted if not divided after service of notice to admit
documents(1) Every document which a party is called upon to admit, if
not denied specifically or by necessary implication, or stated to be not
admitted in the pleading of that party or in his reply to the notice to
admit documents, shall be deemed to be admitted except as against a
person under a disability :Provided that the Court may, in its discretion
and for reasons to be recorded, require any document so admitted to
be proved otherwise than by such admission.(2) Where a party
unreasonably neglects or refuses to admit a document after the service
on him of the notice to admit documents, the Court may direct him to
pay costs to the other party by way of compensation.]1. Ins. by Act No.
104 of 1976 (w.e.f. 1-2-1977).3. Form of notice.A notice to admit
documents shall be in Form No. 9 in Appendix C, with such variations as
circumstances may require.1[3A. Power of Court to record
admissionNotwithstanding that no notice to admit documents has been
given under rule 2, the Court, may at any stage of the proceeding
before it, of its own motion, call upon any party to admit any document
and shall in such a case, record whether the party admits or refuses or
neglects to admit such document.]1. Ins. By Act 66 of 1956, sec. 14
(w.e.f. 1-1-1957)4. Notice to admit factsAny party, may, by notice in
writing, at any time not later than nine days before the day fixed for the
hearing, call on any other party to admit, for the purposes of the suit
only, any specific fact or facts, mentioned in such notice. And in case of
refusal or neglect to admit the same within six days after service of
such notice, or within such further time as may be allowed by the
Court, the costs of proving such fact or facts shall be paid by the party
so neglecting or refusing, whatever the result of the suit may be, unless
the Court otherwise directs:Provided that any admission made in
pursuance of such notice is to be deemed to be made only for the
purposes of the particular suit, and not as an admission to be used
against the party on any other occasion or in favour of any person other
than the party giving the notice :1[Omitted]1. Second proviso omitted
by Act No. 46 of 1999, section 22 (w.e.f. 1-7-2002).5. Form of
admissionsA notice to admit facts shall be in Form No. 10 in Appendix
C, and admissions of facts shall be in Form No. 11 in Appendix C, with
such variations as circumstances may require.1[6. Judgment on
admissions(1) Where admissions of fact have been made either in the
pleading or otherwise, whether orally or in writing, the Court may at
any stage of the suit, either on the application of any party or of its own
motion and without waiting for the determination of any other
question between the parties, make such Order or give such judgment
as it may think fit, having regard to such admissions.(2) Whenever a
judgment is pronounced under sub-rule (1) a decree shall be drawn
upon in accordance with the judgment and the decree shall bear the
date on which the judgment was pronounced.]1. Subs, by Act No. 104
of 1976 for rule 6 (w.e.f. 1-2-1977).7. Affidavit of signatureAn affidavit
of the pleader or his clerk, of the due signature of any admissions made
in pursuance of any notice to admit documents or facts, shall be
sufficient evidence of such admissions, if evidence thereof is required.8.
Notice to produce documentsNotice to produce documents shall be in
Form No. 12 in Appendix C, with such variations as circumstances may
require. An affidavit of the pleader, or his clerk, of the service of any
notice to produce, and of the time when it was served, with a copy of
the notice to produce, shall in all cases be sufficient evidence of the
service of the notice, and of the time it was served.9. CostsIf a notice to
admit or produce specifies documents which are not necessary, the
costs occasioned thereby, shall be borne by the party giving such
notice.
CPC Order 13 - 1[1. Original documents to be produced at or before the settlement of
PRODUCTION, issues(1) The parties or their pleader shall produce, on or before the
IMPOUNDING AND settlement of issues, all the documentary evidence of in original where
RETURN OF the copies thereof have been filed along with plaint or written
DOCUMENTS statement.(2) The Court shall receive the documents so
producedProvided that they are accompanied by an accurate list
thereof prepared in such form as the High Court directs.(3) Nothing in
sub-rule (1) shall apply to documents,-(a) produced for the cross-
examination of the witnesses of the other party, or(b) handed over to a
witness merely to refresh his memory.]1. Subs, for rule 1 and 2 by Act
No. 46 of 1999, section 23 (w.e.f. 1-7-2002).1[2. Omitted.]1. Subs, for
rule 1 and 2 by Act No. 46 of 1999, section 23 (w.e.f. 1-7-2002).3.
Rejection of irrelevant or inadmissible documentsThe Court may at any
stage of the suit reject any document which it considers irrelevant or
otherwise inadmissible, recording the grounds of such rejection.4.
Endorsements on documents admitted in evidence(1) Subject to the
provisions of the next following sub-rule, there shall be endorsed on
every document which has been admitted in evidence in the suit the
following particulars, namely:-(a) the number and title of the suit,(b)
the name of the person producing the document,(c) the date on which
it was produced, and(d) a statement of its having been so admitted, and
the endorsement shall be signed or initialled by the Judge.(2) Where a
document so admitted is an entry in a book, account or record, and a
copy thereof has been substituted for the original under the next
following rule, the particulars aforesaid shall be endorsed on the copy
and the endorsement thereon shall be signed or initialled by the
Judge.HIGH COURT AMENDMENTSBombay.-In Order XIII, in rule 4,
insert the following proviso, namely:-"Provided that in proceedings filed
in Bombay Civil Court, the endorsement may be signed or initialled by
such officer as the Principal Judge may authorise in this behalf." (w.e.f.
1-10-1983)Patna.-In Order XIII, in rule 4, in sub-rule (1) and sub-rule (2),
after the word "Judge", insert the following words, namely:-"or, in the
case of the High Court, by an officer in Court under the Order for the
Judge or one of the Judges", (w.e.f. 5-2-1971)Punjab and Haryana.-In
Order XIII, in rule 4, insert the following proviso, namely:-"Provided that
where the Court is satisfied that the documents, not endorsed in the
manner laid down in the above rule, was in fact, admitted having been
properly admitted in evidence unless non-compliance with this rule has
resulted in miscarriage of justice." (w.e.f. 11-6-1974)5. Endorsements
on copies of admitted entries in books, accounts and records(1) Save in
so far as is otherwise provided by the Bankers' Books Evidence Act,
1891 (18 of 1891) where a document admitted in evidence in the suit is
an entry in a letter-book or a shop-book or other account in current
use, the party on whose behalf the book or account is produced may
furnish a copy of the entry.(2) Where such a document is an entry in a
public record produced from a public office or by a public officer, or an
entry in a book or account belonging to a person other than a party on
whose behalf the book or account is produced, the Court may require a
copy of the entry to be furnished-(a) where the record, book or account
is produced on behalf of a party, then by that party, or(b) where the
record, book or account is produced in obedience to an Order of the
Court acting of its own motion, then by either or any party.(3) Where a
copy of an entry is furnished under the foregoing provisions of this rule,
the Court shall, after accusing the copy to be examined, compared and
certified in manner mentioned in rule 17 of Order VII, mark the entry
and cause the book account or record in which it occurs to be returned
to the person producing it.HIGH COURT AMENDMENTSBombay.-In
Order XIII, in rule 5, in sub-rule (3), insert the following proviso,
namely:-"Provided that where the entry referred to in this rule is in a
language other than English or the language of the Court, the provision
contained in the proviso to sub-rule (2) of rule 17 or Order VII shall
apply mutatis mutandis to such an entry."[Vide Notification No. C
0403/52, dated 1st October, 1983.]Gujarat.-Same as in Bombay
omitting the words "English or".6. Endorsements on documents
rejected as inadmissible in evidenceWhen a document relied on as
evidence by either party is considered by the Court to be inadmissible
in evidence, there shall be endorsed thereon the particulars mentioned
in clauses (a), (b), and (c) of rule 4, sub-rule (1), together with a
statement of its having been rejected, and the endorsement shall be
signed or initialled by the JudgeHIGH COURT AMENDMENTBombay.-In
Order XIII, in rule 6, insert the following proviso, namely:-"Provided that
in proceedings filed in Bombay City Gvil Court the endorsement may be
signed by such officer as the principal Judge may authorise in this
behalf." (w.e.f. 1-10-1983)7. recording of admitted and return or
rejected documents(1) Every document which has been admitted in
evidence or a copy thereof where a copy has been substituted for the
original under rule 5, shall form part of the record of the suit.(2)
Documents not admitted in evidence shall not form part of the record
and shall be returned to the persons respectively producing them.HIGH
COURT AMENDMENTSAndhra Pradesh.-Same as in Madras.Bombay.-In
Order XIII, in rule 7, after sub-rule (2), insert the following sub-rule,
namely:-"(3) Documents in language other than English or Court
Language, or in script other than Devnagri.-Every document produced
in evidence which is not written in the Court language or in English,
shall be accompanied by a correct translation into English or the Court
language; and every document which is written in the Court language
or in a script other than Devnagri shall be accompanied by a correct
transliteration into Devnagri script. If the document is admitted in
evidence, the opposite party shall either admit the correctness of the
translation or transliteration or submit his own translation or
transliteration of the document." (w.e.f. 1-10-1983)Kerala.-Same as in
Madras, (w.e.f. 9-6-1959)Madhya Pradesh.-In Order XIII, in rule 7, after
sub-rule (2), insert sub-rule (3) which is same as in Bombay with the
following modifications:-(a) omit the words "or the Court language"
after the words "translation into English";(b) between the words "Court
language" and "in a script", substitute the word "but" for "or". (16-9-
1943)Madras.-In Order XIII, in rule 7, in sub-rule (2), insert the following
proviso, namely:-"Provided that no document shall be returned which
by force of the decree has become wholly void or useless."[Vide Dis No.
434 of 1916.]8. Court may Order any document to be
impoundedNotwithstanding anything contained in rule 5 or rule 7 of
this Order or in rule 17 of Order VII, the Court may, if it sees sufficient
cause, direct any document or book produced before it in any suit to be
impounded and kept in the custody of an officer of the Court, for such
period and subject to such conditions as the Court think fit.9. Return of
admitted documents(1) Any person, whether a party to the suit or not,
desirous of receiving back any document produced by him in the suit
and placed on the record shall, unless the document is impounded
under rule 8, be entitled to receive back the same,-(a) where the suit is
one in which an appeal is not allowed, when the suit has been disposed
of, and(b) where the suit is one in which an appeal is allowed, when the
Court is satisfied that the time for preferring an appeal has elapsed and
that no appeal has been preferred or, if an appeal has been preferred,
when the appeal has been disposed of:1[Provided that a document
may be returned at any time earlier than that prescribed by this rule if
the person applying therefore-(a) delivers to the proper officer for
being substituted for the original,-(i) in the case of a party to the suit, a
certified copy, and(ii) in the case of any other person, an ordinary copy
which has been examined, compared and certified in the manner
mentioned in sub-rule (2) of rule 17 of Order VII, and(b) undertakes to
produce the original, if required to do so :]Provided also, that no
document shall be returned with, by force of the decree, has become
wholly void or useless.(2) On the return of a document admitted in
evidence, a receipt shall be given by the person receiving it.HIGH
COURT AMENDMENTSAndhra Pradesh.-Same as in Madras.Bombay.-In
Order XIII, in rule 9, in sub-rule (1), after the first proviso, insert the
following proviso, namely:-"Provided also that a copy of the decree and
of the judgment filed with the memorandum of appeal under Order XLI
rule 1, may be returned after the appeal has been disposed of by the
Court." (w.e.f. 1-10-1983).Gujarat.-(i) In Order XIII, in rule 9, in sub-rule
(1), after first proviso insert a second proviso which is same as in
Bombay.Karnataka.-In Order XIII, in rule 9, after sub-rule (2), insert sub-
rules (3) and (4) as in Madras with substitution in sub-rule (3) of the
words "verified in the manner prescribed for verification of plaints" for
the words "made by a verified petition".Kerala.-Same as in Madras,
(w.e.f. 9-6-1959)Madras.-In Order XIII, in rule 9, after sub-rule (2), insert
the following sub-rules, namely:-"(3) Every application for return a
document under the first proviso to sub-rule (1) shall be made by a
verified petition and shall set forth facts justifying the immediate return
of the original.(4) The Court may make such Order as it thinks fit for the
costs of any or all the parties to any application under sub-rule (1). The
Court may further direct that any costs incurred in complying with or
paid on application under sub-rule (1) or incurred in complying with the
provisions of the rule 5 of this Order, shall be included as costs in the
cause."Patna.-In Order XIII, in rule 9, after sub-rule (1), insert the
following sub-rule, namely:-"(1A) Where a document is produced by a
person who is not a party in the proceeding the Court may require the
party on whose behalf the document is produced, to substitute a
certified copy for the original as hereinafter provided."1. Subs, by Act
No. 104 of 1976, for the proviso (w.e.f. 1-2-1977).10. Court may send
for papers from its own records or from other Courts-(1) The Court may
of its own motion, and may in its discretion upon the application of any
of the parties to a suit, send for, either from its own records or from any
other suit or proceedings, and inspect the same.(2) Every application
made under this rule (unless the Court otherwise directs) be supported
by an affidavit showing how the record is material to the suit in which
the application is made, and that the applicant cannot without
unreasonable delay or expense obtain a duly authenticated copy of the
record or of such portion thereof as the applicant requires, or that the
production of the original is necessary for the purposes of justice.(3)
Nothing contained in this rule shall be deemed to enable the Court to
use in evidence any document which under the law of evidence would
be inadmissible in the suit.11. Provisions as to documents applied to
material objectsThe provisions therein contained as to documents shall,
so far as may be, apply to all other material objects producible as
evidence.HIGH COURT AMENDMENTSAllahabad.-In Order XIII, after rule
11, insert the following rules, namely:-"12. Every document not written
in the Court vernacular or in English, which is produced (a) with a
plaint, or (b) at the first hearing, or (c) at any other time tendered in
evidence in any suit, or proceeding, shall be accompanied by a correct
translation of the document into the Court vernacular. If any such
document is written in the Court vernacular but in characters other
than the ordinary Persian or Nagri characters in use, it shall be
accompanied by a correct transliteration of its contents into the Persian
or Nagri character.The person making the translation or transliteration
shall give his name and address and verify that the translation or
transliteration is correct. In case of a document written in a script or
language not known to the translator or to the person making the
transliteration, the person who reads out the original document for the
benefit of the translator or the person making the transliteration shall
also verify the translation and transliteration by giving his name and
address and staling that he has correctly read out the original
document.13. When a document included in the list, prescribed by rule
1, has been admitted in evidence, the Court shall, in addition to making
the endorsement prescribed in rule 4(1), mark such document with
serial figures in the case of documents admitted as evidence for a
plaintiff, and with serial letters in the case of documents admitted as
evidence for a defendant, and shall initial every such serial number or
letter. When there are two or more parties defendants, the documents
of the first party defendant may be marked A-l, A-2, A-3, etc. and those
of the second party B-l, B-2, B-3, etc. When a number of documents of
the same nature is admitted, as for example a series of receipts for rent,
the whole series shall bear one figure or capital letter or letters and a
small figure or small letter shall be added to distinguish each paper of
the series."Karnataka.-In Order XIII, after rule 11, insert the following
rule, namely:-"12. Where any document not written in the language of
the Court is produced either with the plaint or with the written
statement or at the first hearing or is at any other time tendered in
evidence in any suit the Court may require that it shall be accompanied
by a correct translation of the document into the language of the Court.
Such translation shall be made either by the translator or interpreter of
the Court, if any, or by any other competent person, and in the latter
case the translation shall be verified by an affidavit of the person
making the same declaring that he is acquainted with the character and
language of the document and with the language of the Court and that
the translation is true and correct to the best of his knowledge." (w.e.f.
9-2-1967)Orissa.-In Order XIII, after rule 11, insert the following rule,
namely:-"12. Every document not written in Oriya or English which is
produced (a) with a plaint or (b) at the first hearing or (c) at any other
time tendered in evidence in any suit, appeal or proceeding, shall be
accompanied by a correct translation of the document into English. The
person making the translation shall give his name and address and
verify that the translation is correct. If the document is admitted in
evidence the opposite party shall either admit the correctness of the
translation or submit his own translation of the document." {w.e.f. 19-
12-1961)
CPC Order 14 - 1. Framing of issues(1) Issues arise when a material proposition of fact
SETTLEMENT OF ISSUES or law is affirmed by the one party and denied by the other.(2) Material
AND DETERMINATION propositions are those propositions of law or fact which a plaintiff must
OF SUIT ON ISSUES OF allege in Order to show a right to sue or a defendant must allege in
LAW OR ON ISSUES Order to constitute his defence.(3) Each material proposition affirmed
AGREED UPON by one party denied by the other shall form the subject of distinct
issue.(4) Issues are of two kinds :(a) issues of fact,(b) issues of law.(5) At
the first hearing of the suit the Court shall, after reading the plaint and
the written statements, if any, and 1[after examination under rule 2 of
Order X and after hearing the parties or their pleaders], ascertain upon
what material propositions of fact or of law the parties are at variance,
and shall thereupon proceed to frame and record the issues on which
the right decision of the case appears to depend.(6) Nothing in this rule
requires the Court to frame and record issues where the defendant at
the first hearing of the suit makes no defence.1. Subs, by Act No. 104 of
1976 for certain words (w.e.f. 1-2-1977)1[2. Court to pronounce
judgment on all issues(1) Notwithstanding that a case may be disposed
of on preliminary issue, the Court shall, subject to the provisions of sub-
rule (2), pronounce judgment on all issues.(2) Where issues both of law
and of fact arise in the same suit, and the Court is of opinion that the
case or any part thereof may be disposed of on an issue of law only, it
may try that issue first if that issue relates to-(a) the jurisdiction of the
Court, or(b) a bar to the suit created by any law for the time being in
force, and for that purpose may, if it thinks fit, postpone the settlement
of the other issues until after that issue has been determined, and may
deal with the suit in accordance with the decision on that issue.]1.
Subs, by Act No. 104 of 1976, for rule 2 (w.e.f. 1-2-1977).3. Materials
from which issues may be framedThe Court may frame the issues from
all or any of the following materials :-(a) allegations made on oath by
the parties, or by any persons present on their behalf, or made by the
pleaders of such parties;(b) allegations made in the pleadings or in
answers to interrogatories delivered in the suit;(c) the contents of
documents by either party.4. Court may examine witnesses or
documents before framing issuesWhere the Court is of opinion that the
issues cannot be correctly framed without the examination of some
person not before the Court or without the inspection of some
document not produced in the suit, it 1[may adjourn the framing of the
issues to a day not later than seven days], and may (subject to any law
for the time being in force) compel the attendance of any person or the
production of any document by the person in whose possession or
power it is by summons or other process.1. Subs, by Act No. 46 of 1999
section 24 (w.e.f. 1-7-2002) for certain words.1[5. Power to amend, and
strike out, issues.(1) The Court may at any time before passing a decree
amend the issues or frame additional issues on such terms as it thinks
fit, and all such amendments or additional issues as may be necessary
for determining the matters in controversy between the parties shall be
so made or framed.(2) The Court may also, at any time before passing a
decree, strike out any issues that appear to it to be wrongly framed or
introduced.]1. Rule 5 which was omitted by Act No. 46 of 1999, section
24 have now been substituted for the original Rule by Act No. 22 of
2002, section 11 (w.e.f. 1-7-2002).6. Questions of fact or law may by
agreement be stated in form of issues-Where the parties to a suit are
agreed as to the question of fact or of law to be decided between them,
they may state the same in the form of an issue, and enter into an
agreement in writing that upon the finding of the Court in the
affirmative or the negative of such issue,-(a) a sum of money specified
in the agreement or to be ascertained by the Court, or in such manner
as the Court may direct, shall be paid by one of the parties to the other
of them, or that one of them be declared entitled to some right or
subject some liability specified in the agreement;(b) some property
specified in the agreement and in dispute in the suit shall be delivered
by one of the parties to the other of them, or as that other may direct;
or(c) one or more of the parties shall do or abstain from doing some
particular act specified in the agreement and relating to the matter in
dispute.7. Court, if satisfied that agreement was executed in good faith,
may pronounce judgmentWhere the Court is satisfied, after making
such inquiry as it deems proper,-(a) that the agreement was duly
executed by the parties;(b) that they have a substantial interest in the
decision of such question as aforesaid, and(c) that the same is fit to be
tried and decided,it shall proceed to record and try the issue and state
its finding or decision thereon in the same manner as if the issue had
been framed by the Court, and shall, upon the finding or decision on
such issue, pronounce judgment according to the terms of the
agreement, and, upon the judgment so pronounced a decree shall
follow.
CPC Order 15 - 1. Parties not at issueWhere at the first hearing of a suit it appears that
DISPOSAL OF THE SUIT the parties are not at issue on any question of law or of fact, the Court
AT THE FIRST HEARING may at once pronounce judgment.2. One of several defendants not at
issue1[(1)] Where there are more defendants than one, and any one of
the defendants is not at issue with the plaintiff on any question of law
or of fact, the Court may at once pronounce judgment for or against
such defendant and the suit shall proceed only against the other
defendants.2[(2) Wherever a judgment is pronounced under this rule, a
decree shall be drawn up in accordance with such judgment and the
decree shall bear the date on which the judgment was pronounced.]1.
Rule 2 renumbered as sub-rule (1) of that rule by Act No. 104 of 1976
(w.e.f. 1-2-1977).2. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).3.
Parties at issue(1) Where the parties are at issue on some question of
law or of fact, and issues have been frame by the Court as herein before
provided, if the Court is satisfied that no further argument or evidence
than the parties can at once adduce is required upon such of the issues
as may be sufficient for the decision of the suit, and that no injustice
will result from proceeding with the suit forthwith, the Court may
proceed to determine such issues, and , if the finding thereon is
sufficient for the decision, may pronounce judgment accordingly,
whether the summons has been issued for the settlement of issues only
or for the final disposal of the suit:Provided that, where the summons
has been issued for the settlement of issues only, the parties or their
pleaders are present and none of them objects.(2) Where the finding is
not sufficient for the decision, the Court shall postpone the further
hearing of the suit, and shall fix a day for the production of such further
evidence, or for such further argument as the case requires.4. Failure to
produce evidenceWhere the summons has been issued for the final
disposal of the suit and either party fails without sufficient cause to
produce the evidence on which he relies, the Court may at once
pronounce judgment, or any, if it thinks fit, after framing and recording
issues, adjourn the suit for production of such evidence as may be
necessary for its decision upon such issues.STATE
AMENDMENTSPunjab:-In Order XV, after rule 4, insert the following
rule, namely:-"5. Striking off defence for failure to deposit admitted
rent:-(1) In any suit by a lessor for the eviction of a lessee after the
determination of his lease and for the recovery from him of rent or
compensation for use and occupation, the defendant shall, at or before
the first hearing of the suit, deposit the entire amount admitted by him
to be due together with interest thereon at the rate of nine per cent.
per annum and whether or not he admits any amount to be due, he
shall throughout the continuation of the suit regularly deposit the
monthly amount due within a week from the date of its accrual, and in
the event of any default in making the deposit of the entire amount
admitted by him to be due or monthly mount due as aforesaid, the
Court may, subject to the provisions of sub-rule (2) strike of his
defence.Explanation 1.- The expression "first hearing" means the date
for filing written statement or for hearing mentioned in the summons
or where more than one of such dates are mentioned, the last of the
dates mentioned.Explanation 2. The expression "entire amount
admitted by him to be due" means the entire gross amount whether as
rent or compensation for use and occupation, calculated at the
admitted rate of rent for the admitted period of arrears after making no
other deduction except the taxes, if any, paid to a local authority in
respect of the building on lessor's account and the amount, if any,
deposited in any Court.Explanation 3. (1) The expression "monthly
amount due" means the amount due every month, whether as rent or
compensation for use and occupation at the admitted rate of rent, after
making on other deduction except the taxes, if any, paid to a local
authority, in respect of the building on lessor's account.(2) Before
making an Order for striking off defence, that Court may consider any
representation made by the defendant in that behalf provided such
representation is made within 10 days of the first hearing or, of the
expiry of the week referred to in sub-section (1) as the case may be.(3)
The amount deposited under this rule may at any time be withdrawn by
the plaintiff:Provided that such withdrawal shall not have the effect of
prejudicing any claim by the plaintiff disputing the correctness of the
amount deposited:Provide further that if the amount deposited
includes any sums claimed by the depositor to be deductible or any
account, the Court may require the plaintiff to furnish the security for
such sum before he is allowed to withdraw the same."Uttar Pradesh.-In
its application to the State of Uttar Pradesh add the following rule 5
after rule 4."5. Striking off defence for failure to deposit admitted rent,
etc.-(1) In any suit by a lessor for the eviction of a lessee after the
determination of his lease and for the recovery from him of rent or
compensation for use and occupation, the defendant shall, at or before
the first hearing of the suit, deposit the entire amount admitted by him
to be due together with interest thereon at the rate of nine per cent,
per annum and whether or not he admits any amount to be due, he
shall throughout the continuation of the suit regularly deposit the
monthly amount due within a week from the date of its accrual, and in
the event of any default in making the deposit of the entire amount
admitted by him to be due or the monthly amount due as aforesaid, the
Court may, subject to the provisions of sub-rule (2), strike off his
defence.Explanation 1.-The expression "first hearing" means the date
for filing written statement for hearing mentioned in the summons or
where more than one of such dates are mentioned, the last of the
dates mentioned.Explanation 2.-The expression "entire amount
admitted by him to be due" means the entire gross amount, whether as
rent or compensation for use and occupation, calculated at the
admitted rate of rent for the admitted period of arrears after making no
other deduction except the taxes, if any, paid to a local authority in
respect of the building on lessor's account and the amount, if any, paid
to the lessor acknowledged by the lessor in writing signed by him and
the amount, if any, deposited in any Court under section 30 of the U.P.
Urban Buildings (Regulation of Letting, Rent and Eviction) Act,
1972.Explanation 3.-(1) The expression "monthly amount due" means
the amount due every month, whether as rent or compensation for use
and occupation at the admitted rate of rent, after making no other
deduction except the taxes, if any, paid to a local authority, in respect of
the building on lessor's account.(2) Before making an Order for striking
off defence, the Court may consider any representation made by the
defendant in that behalf provided such representation is made within
10 days of the first hearing or, of the expiry of the week referred to in
sub-section (1), as the case may be.(3) The amount deposited under
this rule may at any time be withdrawn by the plaintiff.Provided that
such withdrawal shall not have the effect of prejudicing any claim by
the plaintiff disputing the correctness of the amount
deposited:Provided further that if the amount deposited includes any
sums claimed by the depositor to be deductible on any account, the
Court may require the plaintiff to furnish the security for such sum
before he is allowed to withdraw the same."[U.P. Act (57 of 1976)
amended vide U.P. Govt. Gazzette dated 3.10.1981 ].HIGH COURT
AMENDMENTBombay:-After Order XV, insert the following Order,
namely:-"Order XVASTRIKING OFF DEFENCE IN A SUIT BY A LESSOR(1) In
any suit by a lessor or a licensor against a lessee or a licence, as the
case may be, for his eviction with or without the arrears of rent or
licence fee and future mesne profits from him, the defendant shall
deposit such amount as the Court may direct on account of arrears up
to the date of the Order (within such time as the Court may fix) and
thereafter continue to deposit in each succeeding month the rent or
licence fee claimed in the suit as the Court may direct. The defendant
shall, unless otherwise directed, continue to deposit such amount till
the decision of the suit.In the event of any default in making the
deposits, as aforesaid, the Court may subject to the provisions of sub-
rule (2) strike off the defence.(2) Before passing an Order for striking off
the defence, the Court shall serve notice on the defendant or his
Advocate to show cause as to why the defence should not be struck off,
and the Court shall consider any such cause, if shown in Order to
decide as to whether the defendant should be relieved from an Order
striking off the defence.(3) The amount deposited under this rule shall
be paid to the plaintiff lessor or licensor or his Advocate and the receipt
of such amount shall not have the effect or prejudicing the claim of the
plaintiff and it shall not also be treated as a waiver of notice of
termination.Explanation:- The suit for eviction shall include suit for
mandatory injunction seeking removal of licence from the premises for
the purpose of this rule." (w.e.f. 1-10-1983 and 11-1-1990).
CPC Order 16 - 1[1. List of witnesses and summons to witnesses(1) On or before such
SUMMONING AND date as the Court may appoint, and not later than fifteen days after the
ATTENDANCE OF date on which the issues are settled, the parties shall present in Court a
WITNESSES list of witnesses whom they propose to call either to give evidence or to
produce documents and obtain summonses to such person for their
attendance in Court.(2) A party desirous of obtaining any summons for
the attendance of any person shall file in Court an application stating
therein the purpose for which the witness is proposed to be
summoned.(3) The Court may, for reasons to be recorded, permit a
party to call, whether by summoning through Court or otherwise, any
witness, other than those whose names appear in the list referred to in
sub-rule (1), if such part shows sufficient cause for the omission to
mention the name of such witness in the said list.(4) Subject to the
provisions of sub-rule (2), summonses referred to in this rule may be
obtained by the parties on an application to the Court or to such officer
as may be appointed by the 2[Court in this behalf within five days of
presenting the list of witnesses under sub-rule (1)].]1. Subs, by Act No.
104 of 1976 for rule 1 (w.e.f. 1-2-1977).2. Subs, by Act No. 46 of 1999,
section 25 (w.e.f. 1-7-2002) for certain words.1[1A. Production of
witnesses without summonsA subject to the provisions of sub-rule (3)
of rule 1, and party to the suit may, without applying for summons
under rule 1, bring any witness to give evidence or to produce
documents.]HIGH COURT AMENDMENTSBombay.-In Order XVI, after
rule IB, insert the following rule, namely:-"(1B) Court may permit
service of summons by party applying for summons.-(1) The Court may,
on the application of any party for a summons for the attendance of
any person, permit the service of summons to be effected by such
party.(2) When the Court has directed service of the summons by the
party applying for the same and such service is not effected, the Court
may, if it is satisfied that reasonable diligence has been used by such
party to effect such service, permit service to be effected by an officer
of the Court." (w.e.f. 1-11-1966)Gujarat.-Same as Bombay without the
marginal note (w.e.f. 17-8-1961).1. Subs, by Act No. 104 of 1976, for
rule 1A (w.e.f. 1-2-1977).2. Expenses of witnesses to be paid into Court
on applying for summons?(1) The party applying for a summons shall,
before the summons is granted and within a period to be fixed 1[which
shall not be later than seven days from the date of making application
under sub-rule (4) of rule 1], pay into Court such a sum of money as
appears to the Court to be sufficient to defray the travelling and other
expenses of the person summoned in passing to and from the Court in
which he is required to attend, and for one day's attendance.(2)
Experts?In determining the amount payable under this rule, the Court
may, in the case of any person summoned to give evidence as an
expert, allow reasonable remuneration for the time occupied both in
giving evidence and in performing any work of an expert character
necessary for the case.(3) Scale of expenses?Where the Court is
subordinate to High Court, regard shall be had, in fixing the scale of
such expenses to a any rules made in that behalf.2[(4)] Expenses to be
directly paid to witnesses?Where the summons is served directly by the
party on a witness, the expenses referred to in sub-rule (1) shall be paid
to the witness by the party or his agent.]1. Certain words added by Act
No. 46 of 1999, section 25 (w.e.f. 1-7-2002).2. Ins. by Act No. 104 of
1976 (w.e.f. 1-2-1977).STATE AMENDMENTSUttar Pradesh.?In its
application to the State of Uttar Pradesh:(i) In rule 2, sub-rule (1),
insert, at the end, the following proviso,"Provided, where Government
is the party applying for a summons to a Government servant, it shall
not be necessary for it to make any such payment into Court."(ii) After
sub-rule (4) insert the following, namely:?"(4-A) Allowances, etc., of
Government servant witnesses to be taxed as costs.?Any travelling and
daily allowances and the salary, payable to a Government servant who
attends the Court to give evidence or to produce a document shall, on
the amount being certified by such witness, be taxable as
costs.Explanation 1.?The travelling and daily allowances shall be in
accordance with the rules governing such allowances, applicable to the
Government servant in question.Explanation 2?The daily allowance and
salary of the Government servant shall be proportionate to the number
of days of his attendance required by the Court." [U.P. Act 57 of
1976].HIGH COURT AMENDMENTSAndaman and Nicobar Islands,
Assam, Calcutta and Nagaland.-In Order XVI, in rule 2, for sub-rules (1)
and (2), substitute the following sub-rules, namely:-"(1) The Court shall
fix in respect of each summons such a sum of money as appears to the
Court to be sufficient to defray the travelling and other expenses of the
persons summoned, in passing to and from the Court in which he is
required to attend, and for one day's attendance.(2) In fixing such an
amount the Court may, in the case of any person summoned to give
evidence as an expert, allow reasonable remuneration for the time
occupied both in giving evidence and in performing any work of an
expert character necessary for the case."Bombay.-In Order XVI, in rule
2, in sub-rule (1), insert the following proviso, namely:-"Provided that
where Government or a public officer being a party to a suit or
proceeding as such public officer supported by Government in the
litigation, applies for a summons to any public officer to whom the Civil
Service Regulations apply to give evidence of facts which have come to
his knowledge or of matters with which he has to deal as a public
officer, or to produce any document from public records, the
Government or the aforesaid officer shall not be required to pay any
sum of money on account of the travelling and other expenses of such
witness." (w.e.f. 1-10-1983).Chandigarh, Delhi, Himachal Pradesh,
Haryana and Punjab.-In Order XVI, in rule 2, in sub-rule (1), insert the
following as an Exception, namely:-"Exception.-When applying for a
summons for any of its own officers, Government will be exempt from
the operation of clause {!)." (w.e.f. 1-11-1966)Gauhati.-Same as in
Bombay.Gujarat.-Same as in Bombay.Madhya Pradesh.-In Order XVI, in
rule 2, in sub-rule (1), insert the following as an Exception, namely:-
"Exception.-When applying for a summons for any of its own officers,
Government and State Railway Administrations will be exempt from the
operation of sub-rule (1)." (w.e.f. 16-9-1960) Orissa.-Same as that of
Patna.Patna.-In Order XVI, in rule 2, to sub-rule (1), insert the following
proviso, namely:-"Provided that the Government shall not be required
to pay any expenses into Court under this rule when it is the party
applying for the summons, and the person to be summoned is an
officer serving under Government, who is summoned to give evidence
of facts which have come to his knowledge, or of matters with which he
has to deal, in his public capacity." (w.e.f. 13-2-1952)3. Tender of
expenses to witnessThe sum so paid into Court shall be tendered to the
person summoned, at the time of serving the summons, if it can be
served personally.HIGH COURT AMENDMENTSAndhra Pradesh.-Same as
in Madras.Bombay.-In Order XVI,-(i) in rule 3, insert the following
proviso, namely:-"Provided that where the witness is a public officer to
whom the Civil Service Regulations apply and is summoned to give
evidence of facts which have come to his notice or of facts with which
he has had to deal in his official capacity, or to produce a document
from public records, the sum payable by the party obtaining the
summons on account of his travelling and other expenses shall not be
tendered to him. Such officer, shall, however, be required to produce a
certificate duly signed by the Head of his office showing the rates of
travelling and other allowances admissible to him as for a journey on
tour." (w.e.f. 1-10-1983)(ii) after rule 3, insert the following rule,
namely:-"3A. Special provision for public servants summoned as
witnesses in suits in which the Government is not a party.-(1)
Notwithstanding anything contained in the foregoing rules, in all suits
or other proceedings to which the Government is not a party, where a
servant of the Central Government or a Railway employee is
summoned to give evidence and/or to produce documents in his official
capacity, the Court shall direct the party applying for summons to
deposit such sum of money as will, in the opinion of the Court be
sufficient to defray the travelling and other expenses of the officer
concerned as for a journey on tour, and on the deposit of such sum, the
Court shall direct the summons to be issued and, out of the sum so
deposited or out of any further sum which the Court may subsequently
direct the party applying for summons to deposit, the Court shall on the
appearance before the court of the officer summoned, pay him the
amount of travelling and other expenses admissible to him as for a
journey on tour under the rules applicable to his service.(2) The officer
appearing before the Court in accordance with sub-rule (1) shall
produce a certificate duly signed by the Head of his office, showing the
rates of travelling and other allowances admissible to him as for a
journey on tour, and the amount payable to him by the Court shall be
computed on the basis of the rates specified in such certificate." (w.e.f.
15-7-1954)Calcutta.-In Order XVI, for rule 3, substitute the following
rule, namely:-"3. The sum so fixed shall be tendered to the person
summoned, at the time of serving the summons, if it can be served
personally:Provided-(i) that where the person summoned is a servant
of any State Government whose pay exceeds Rs. 10 per mensem or
whose headquarters are situated more than five miles from the Court,
and he has been summoned to appear as a witness in his official
capacity in a civil case to which Government is a party, the sum so fixed
shall be credited to the Treasury;(ii) that where the person summoned
is a Finger Print Expert of the Criminal Investigation Department and he
is summoned to give evidence in private cases, the sum so fixed, other
than his travelling allowance, shall be credited to the Treasury;(iii) that
where the person summoned is the Government Examiner of
Questioned Documents or his Assistant and he is summoned to give
evidence or his opinion is sought in private cases, the sum so fixed shall
be credited to the Treasury;(iv) that where the person summoned is a
servant of the Central Government or a State Railway or any other
Commercial Department of Government and he is summoned to give
evidence in his public capacity in a civil case, whether Government is or
is not a party, the sum so fixed shall be credited in the Treasury to the
Government or the State Railway, as the case may be, to which the
employee belongs; and(v) that where the person summoned is a State
Railway employee and he is summoned to give evidence in his private
capacity in a Civil Court in Assam, the sum so fixed shall be credited to
the Railway to which he belongs."[Vide Notification No. 10428-G, dated
25th July, 1928 and Notification No. 1501-G, dated 8th March,
1948.]Delhi.-Same as in Punjab.Gauhati.-Same as in Calcutta.Gujarat-
Same as in Bombay omitting the last sentence of the proviso.Himachal
Pradesh.-Same as in Punjab.Kerala.-In Order XVI, in rule 3, insert the
following as para 2, namely:-"In the case of employees of the Central
Government or the State Government or Railway Administration sums
paid into Court as subsistence allowance or compensation shall be
credited in the Treasury to the credit of the Central Government or the
State Government or the Railway Administration as the case may
be."Madhya Pradesh.-In Order XVI, for rule 3, substitute the following
rule, namely:-"3. (1) The sum so paid into Court shall except in case of a
Government servant, or a State Railway employees, be tendered to the
person summoned, at the time of serving the summons, if it can be
served personally.(2) Where a party other than Government in a suit
requests the Court to summon a Government servant or a Railway
employee as a witness or to produce official documents, the party shall
deposit with the Court a sum, which in the opinion of the Court, will be
sufficient to defray the travelling and other allowances of the
Government servant or the Railway employee, as the case may be, as
for a journey on tour and out of the sum so deposited the Court shall
pay to the Government servant or the Railway employee concerned,
the amount of travelling and other allowances admissible to him as for
a journey on tour." (w.e.f. 16-9-1960)Madras.-In Order XVI, in rule 3,
insert the following as a separate paragraph, namely:-"In the case of
employees of the Central Government or a State Railway, sums paid
into Court as subsistence allowance or compensation shall be credited
in the Treasury to the credit of the Central Government or State Railway
as the case may be."[Vide P Dis No. 11 of 1942.]Orissa.-Same as in
Patna except for the word and figures "Rs. 10" substitute the word and
figures "Rs. 200". (w.e.f. 14-5-1984)Patna.-In Order XVI, in rule 3, insert
the following proviso, namely:-"Provided that when the person
summoned is an officer of Government, who has been summoned to
give evidence in a case to which Government is a parry, of facts which
have come to his knowledge, or of matters which he has had to deal, in
his -"public capacity, then-(i) if the officer's salary does not exceed Rs.
10 a month, the Court shall at the time of the service of the summons
make payment to him of his expenses as determined by rule 2 and
recover the amount from the Treasury,(ii) if the officer's salary exceeds
Rs. 10 a month, and the Court is situated not more than 5 miles from
his headquarters, the Court may, at its discretion, on his appearance,
pay him actual travelling expenses incurred;(iii) if the officer's salary
exceeds Rs. 10 a month and the Court is situated more than 5 miles
from his headquarters no payment shall be made to him by the Court.
In such cases any expenses paid into Court under rule 2 shall be
credited to Government."Punjab.-In Order XVI, for rule 3, substitute the
following rule, namely:-"3. Tenders of expenses to witnesses.-(1) The
sum paid into a Court shall, except in the case of a Government servant,
be tendered to the person summoned at the time of serving the
summons if it can be served personally,(2) When the person summoned
is a Government servant, the sum so paid into Court shall be credited to
Government.Exception (1).- In cases in which Government servants
have to give evidence at a Court situate not more than five miles from
their headquarters, actual travelling expense incurred by them may,
when the Court considers it necessary, be paid to them.Exception (2).-A
Government servant, whose salary does not exceed Rs. 10 per
mensem, may receive his expenses from the Court."[Vide Notification
No. 156-G, dated 9th January, 1919.]Rajasthan.-In Order XVI, for rule 3,
substitute the following rule, namely:-"3. The sum so paid into Court
and if so required by the person summoned shall be tendered to him at
the time of serving the summons if it can be served personally." (w.e.f.
24-7-1954)4. Procedure where insufficient sum paid in(1) Where it
appears to the Court or to such officer as it appoints in this behalf that
the sum paid into Court is not sufficient to cover such expenses or
reasonable remuneration, the Court may direct such further sum to be
paid to the person summoned as appears to be necessary on that
account, and, in case of default in payment, may Order such sum to be
levied by attachment and sale of the movable property of the party
obtaining the summons; or the Court may discharge the person
summoned without requiring him to give evidence; or may both Order
such levy and discharge such person as aforesaid.(2) Expenses of
witnesses detained more than one day?Where it is necessary to detain
the person summoned for a longer period than one day, the Court may,
from time to time, Order the party at whose instance he was
summoned to pay into Court such sum as is sufficient to defray the
expenses of his detention for such further period, and, in default of
such deposit being made, may Order such sum to be levied by
attachment and sale of the movable property of such party; or the
Court may discharge the person summoned without requiring him to
give evidence, or may other Order such levy and discharge such person
as aforesaid.STATE AMENDMENTSUttar Pradesh.?In its application to
the State of Uttar Pradesh, in Order XVI, rule 4, add the following
proviso:?"Provided that nothing in this rule shall apply to a case where
the witness is a Government servant summoned at the instance of
Government as a party. [U.P. Act., 57 of 1976].HIGH COURT
AMENDMENTSAndhra Pradesh.-Same as in Madras.Calcutta.-In Order
XVI, in rule 4, for sub-rule (1), substitute the following sub-rule,
namely:-"(1) Where it appears to the Court or to such officer as it
appoints in this behalf that the sum so fixed is not sufficient to cover
such expenses or reasonable remuneration the Court may direct such
further sum to be paid to the person summoned as appears to be
necessary on that account and in the case of default in payment may
Order such sum to be levied by attachment and sale of the movable
property of the party obtaining the summons or the Court may
discharge the person summoned without requiring him to give
evidence or may both Order such levy and discharge the person as
aforesaid." (w.e.f. 25-7-1928)Delhi.-Same as in Punjab.Gauhati.-Same as
in Calcutta.Himachal Pradesh.-Same as in Punjab.Karnataka-In Order
XVI,-(i) after rule 4, insert the following rule, namely:-"4A. (1) In the
cases provided for in this rule the provisions of the foregoing rules shall
not apply or shall apply only subject to the provisions of this rule.(2)
Where a Government or a public officer being a party to a suit or
proceeding as such public officer supported by Government in the
litigation, applies for a summons to any Government servant whose
salary exceeds Rs. 10 per month and whose attendance is required in a
Court situate more than 5 miles from his headquarters, no payment in
accordance with rule 2 or with rule 4 shall be required, and the
expenses incurred by the Government on such public officer in respect
of the attendance of such witness shall not be taken into consideration
in determining the costs incidental to the suit or proceeding.(3) Where
any other party to such a suit as is referred to in sub-rule (2) applies for
a summons to such Government servant as is mentioned in the said
sub-rule, the party summoning shall deposit in Court along with his
application a sum of money for the travelling and other expenses of the
officer determined by the Court under the provisions of rule 2 of this
Order and shall also pay and deposit any further sum that may be
required by Court to be paid or deposited under rule 4 of this Order,
and the money so deposited or paid shall be credited to the
Government in the treasury. Where the witness summoned under this
sub-rule is the employee of the Central Government or the State
Railway or other Commercial Department of the Government to whom
the provisions of the Payment of Wages Act apply, sums paid into Court
shall be credited in the Treasury to the credit of the Central
Government, the Railway or the Commercial Department as the case
may be.(4) In all cases where a Government servant appears in
accordance with the foregoing sub-rules the Court shall grant him a
certificate of attendance containing the prescribed particulars."(ii) after
rule 4, insert rule 4B which is same as in Madras with the following
modifications, namely:-In sub-rule (1),-(i) for the words
"Notwithstanding anything in the foregoing rules, in all suits or other
proceedings to which the Government is not a party, where a servant of
the Central Government or a railway employee is summoned to give
evidence and/ or to produce documents in his public capacity"
substitute the words "Notwithstanding anything contained in the
foregoing rules and in this rule, in all suits or other proceedings to
which Government is not a party, where a servant of the Central
Government or of any Railway or of any other Commercial Department
of the Government to whom the provisions of the Payment of Wages
Act apply is summoned to give evidence of facts which have come to
his knowledge or of matters with which he has to deal as a public
officer or to produce any document for public capacity."(ii) for the
words "such sum" substitute the words "the said sum" and for the
words "officer summoned" substitute the words "officer
concerned".(iii) at the end, insert the words "The said officer shall be
required to produce certificate duly signed by the Head of his office
showing the rules of travelling and other allowances admissible to him
as for a journey on tour and the amount payable to him by the Court
shall be computed on the basis of the rates specified in the certificate."
{w.e.f. 30-34967)Kerala.-In Order XVI, after rule 4, insert rules 4A and 4B
which are same as in Madras with the following modifications:-(1) in
rule 4A,-(a) in sub-rule (1), omit the words "whose salary exceeds Rs. 10
per mensem and";(b) in sub-rule (2), omit the words "along with this
application"; and for the words "any further sum" substitute the words
"any other sum";(c) in sub-rule (3), for the words "a State Railway" and
"State Railway" substitute "the Railway Administration";(2) in Rule 4B,
after the words "where a servant of the Central Government" insert the
words "or a State Government", {w.e.f. 9-6-1959)Madhya Pradesh.-In
Order XVI, in rule 4, in sub-rule (1), between the words "summoned"
and "as appears" insert the following words, namely:-"or, when such
person is a Government servant or a State Railway employee to be paid
into Court."[Vide Notification No. 3409, dated 29th June,
1934.]Madras.-In Order XVI, after rule 4, insert the following rules,
namely:-"4A. Special provision for public servants summoned as
witnesses in suits to which the Government is a party.-(1)
Notwithstanding anything contained in the foregoing rules, in any suit
by or against the Government, no payment in accordance with rule 2 or
rule 4 shall be required when an application on behalf of Government is
made for summons to a Government servant whose salary exceeds Rs.
10 per mensem and whose attendance is required in a Court situated
more than five miles from his headquarters; and the expenses incurred
by Government in respect of the attendance of the witness shall not be
taken into consideration in determining costs incidental to the suit.(2)
When any other party to such a suit applies for a summons to such an
officer, he shall deposit in Court along with his application a sum of
money for the travelling and other expenses of the officer according to
the scale prescribed by the Government under whom the officer is
serving and shall also pay any further sum that may be required under
rule 4 according to the same scale, and the money so deposited or paid
shall be credited to Government.(3) In the case of employees of the
Central Government or of [a State Railway], sums paid into Court as
subsistence allowance or compensation shall be credited in the
Treasury to the credit of the Central Government or State Railway as
the case may be.(4) In all cases where a Government servant appears in
accordance with this rule, the Court shall grant him a certificate of
attendance."[Vide Ft St Geo Gaz, Supplt to Part II, dated 10th March,
1942.]"4B. Special provision for public servants summoned as witnesses
in suits in which the Government is not a party.-(1) Notwithstanding
anything contained in the foregoing rules, in all suits or other
proceedings to which the Government is not a party, where a servant of
the Central Government or a Railway employee is summoned to give
evidence and/or to produce documents in his public capacity, the Court
shall direct the party applying for summons to deposit such sum of
money as will in the opinion of the Court, be sufficient to defray the
travelling and other expenses of the officer concerned as for a journey
on tour, and on the deposit of such sum, the Court shall direct the
summons to be issued and, out of the sum so deposited or out of any
further sum which the Court may subsequently direct the party
applying for the summons to deposit, the Court shall, on the
appearance before Court of the officer summoned or as soon
thereafter as is practicable, pay him the amount of travelling and other
expenses admissible to him as for a journey on tour under the rules
applicable to his service.(2) The officer appearing before court in
accordance with sub-rule (1) shall produce a certificate duly signed by
the head of his office, showing the rates of travelling and other
allowances admissible to him as for a journey on tour and the amount
payable to him by the Court shall be computed on the basis of the rates
specified in such certificate."[Vide P Dis No. 851/52, dated 28th
November, 1952.]Punjab.-In Order XVI, in rule 4, in sub-rule (1),
between the words "summoned" and "as appears" insert the following
words, namely:-"or, when such person is a Government servant, to be
paid into Court."[Vide Notification No. 156-G, dated 9th January,
1919.]5. Time, place and purpose of attendance to be specified in
summons?Every summons for the attendance of a person to give
evidence or to produce a document shall specify the time and place at
which he is required to attend, and also whether his attendance is
required for the purpose of giving evidence or to produce a document,
or for both purposes; and any particular document, which the person
summoned is called on to produce, shall be described in the summons
with reasonable accuracy.6. Summons to produce documentAny person
may be summoned to produce a document, without being summoned
to give evidence, and any person summoned merely to produce a
document shall be deemed to have complied with the summons if he
causes such document to be produced instead of attending personally
to produce the same.7. Power to require persons present in Court to
give evidence or produce documentAny person present in Court may be
required by the Court to give evidence or to produce any document
then and there in his possession or power.HIGH COURT
AMENDMENTSCalcutta.-In Order XVI, after rule 7, insert the following
rule, namely:-"7A. (i) Except where it appears to the court that a
summons under this Order should be served by the Court in the same
manner as a summons to a defendant the Court shall make over for
service all summons under this Order to the party applying therefor.
The service shall be effected by or on behalf of such party by delivering
or tendering to the witness in person a copy thereof signed by the
Judge or such officer as he appoints in this behalf and sealed with the
seal of the Court.(ii) Rules 16 and 18 of Order V shall apply to summons
personally served under this rule, as though the person effecting
service were a serving officer.(iii) If such summons, when tendered, is
refused or if the person served refuses to sign an acknowledgement of
service or if for any reason such summons cannot be served personally,
the Court shall, on the application of party, re-issue such summons to
be served by the Court in like manner as a summons to a defendant"
(w.e.f. 25-7-1928)Gauhati.-Same as in Calcutta.Orissa.-Same as in
Calcutta, (w.e.f. 29-12-1961)1[7A. Summons given to party for
service(1) The Court may, on the application of any party for the issue
of a summons for the attendance of any person, permit such party to
effect service of such summons on such person and shall, in such a
case, deliver the summons to such party for service.(2) The service of
such summons shall be effected by or on behalf of such party by
delivering or tendering to the witness personally a copy thereof signed
by the Judge or such officer of the Court as he may appoint in this
behalf and sealed with the seal of the Court.(3) The provisions of rules
16 and 18 of Order V shall apply to a summons personally served under
this rule as if the person effecting service were a serving officer.(4) If
such summons, when tendered, is refused or if the person served
refuses to sign and acknowledgement of service or for any reason such
summons cannot be served personally, the Court shall, on the
application of the party, re-issue such summons to be served by the
Court in the same manner as a summons to a defendant.(5) Where a
summons is served by a party under this rule, the party shall not be
required to pay the fees otherwise chargeable for the service of
summons.]1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).8. Summons
how servedEvery summons1[under this Order, not being a summons
delivered to a party for service under rule 7A,] shall be served as nearly
as may be in the same manner as a summons to a defendant and the
rules in Order V as to proof of service shall apply in the case of all
summonses served under this rule.HIGH COURT AMENDMENTSAndhra
Pradesh.-In Order XVI, for rule 8, substitute the following rule, namely:-
"8. A summons under this Order may be delivered by the Court to the
party applying for such summons for making service on the witness,
provided that when the service is not effected by the party or the party
is unwilling to do so the summons shall be delivered through the
proper officer of the Court. The rules in Order V as to proof of service
shall apply in the case of all summons served under this rule."Calcutta.-
Same as in Gauhati.Gauhati.-In Order XVI, for rule 8, substitute the
following rule, namely:-"8. (1) Every summons under this Order not
being a summons made over to a party for service under rule 7A (1) of
this Order shall be served as nearly as may be in the same manner as a
summons to a defendant and the rule in Order V as to proof of service
shall apply thereto.(2) The party applying for a summons to be served
under this rule shall before the summons is granted and within a period
to be fixed pay into Court the sum fixed by the Court under rule 2 of
this Order.Exception.-When applying for a summons for any of its own
officers in his official capacity, Government will be exempt from the
operation of this rule."Kerala.-In Order XVI, for rule 8, substitute
following rule, namely:-"8. (1) A summons under this Order may be
delivered by this Court to the party applying for such summons for
making service on the witness:Provided that when the party so desires
in the first instance or is unable after due diligence to effect such
service, the summons shall be delivered through the proper officer of
the Court,(2) Service of summons on a witness by the parry or by the
proper officer shall, as nearly as may be, in the same manner as on a
defendant and the rules in Order V as to proof of service shall apply in
the case of all summons served under this rule." (w.e.f. 9-6-
1959)Madras.-Same as in Andhra Pradesh. (w.e.f. 1-11-1951)Orissa.-
Same as in Gauhati except that omit sub-rule (1) and renumber sub-
rule (2) as rules (w.e.f. 29-12-1961)Patna.-In Order XVI, in rule 8, insert
the following proviso, namely:-"Provided that a summons under this
Order may by leave of the Court served by the party or his agent
applying for the same
CPC Order 16A - 1[Order XVIA. ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN
[APPEALS BY INDIGENT PRISONS1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).1. Definitions-In
PERSONS] this Order,-(a) "detained" includes detained under any law providing for
preventive detention;(b) "prison" includes-(i) any place which has been
declared by the State Government, by general or special Order, to be a
subsidiary jail; and(ii) any reformatory, borstal institution or other
institution of a like nature.2. Power to require attendance of prisoners
to give evidenceWhere it appears to a Court that the evidence of a
person confined or detained in a prison within the State is material in a
suit, the Court may make an Order requiring the officer in charge of the
prison to produce that person before the Court to give evidence
:Provided that, if the distance from the prison to the Court-house is
more than twenty-five kilometres, no such Order shall be made unless
the Court is satisfied that the examination of such person on
commission will not be adequate.3. Expenses to be paid into Court(1)
Before making any Order under rule 2, the Court shall require the party
at whose instance or for whose benefit the Order is to be issued, to pay
into Court such sum of money as appears to the Court to be sufficient
to defray the expenses of the execution of the Order, including the
travelling and other expenses of the escort provided for the witness.(2)
Where the Court is subordinate to a High Court, regard shall be had, in
fixing the scale of such expenses, to any rule made by the High Court in
that behalf.4. Power of State Government to exclude certain persons
from the operation of rule 2(1) The State Government may, at any time,
having regard to the matters specified in sub-rule (2) by general or
special Order, direct that any person or class of persons shall not be
removed from the prison in which he or they may be confined or
detained, and thereupon, so long as the Order remains in force, no
Order made under rule 2, whether before or after the date of the Order
made by the State Government, shall have effect in respect of such
person or class of persons.(2) Before making an Order under sub-rule
(1), the State Government shall have regard to the following matters,
namely :-(a) the nature of the offence for which, or the grounds on
which, the person or class of persons have been Ordered to be confined
or detained in prison;(b) the likelihood of the disturbance of public
Order if the person or class of persons is allowed to be removed from
the prison; and(c) the public interest, generally.5. Officer in charge of
prison to abstain from carrying out Order in certain casesWhere the
person in respect of whom an Order is made under rule 2-(a) is certified
by the medical officer attached to the prison as unfit to be removed
from the prison by reason of sickness or infirmity; or(b) is under
committal for trial or under remand pending trial or pending a
preliminary investigation; or(c) is in custody for a period which would
expire before the expiration of the time required for complying with the
Order and for taking him back to the prison in which he is confined or
detained; or(d) is a person to whom an Order made by the State
Government under rule 4 applies,the officer in charge of the prison
shall abstain from carrying out the Court's Order and shall send to the
 Court a statement of reason for so abstaining.6. Prisoner to be brought
to Court in custodyIn any other case, the officer in charge of the prison
shall, upon delivery of the Court's Order, cause the person named
therein to be taken to the Court so as to be present at the time
mentioned in such Order, and shall cause him to be kept in custody in
or near the Court until he has been examined or until the Court
authorises him to be taken back to the prison in which he is confined or
detained.7. Power to issue commission for examination of witness in
prison(1) Where it appears to the Court that the evidence of a person
confined or detained in a prison, whether within the State or elsewhere
in India, is material in a suit but the attendance of such person cannot
be secured under the preceding provisions of this Order, the Court may
issue a commission for the examination of that person in the prison in
which he is confined or detained.(2) The provisions of Order XXVI shall,
so far may be, apply in relation to the examination on commission of
such person in prison as they apply in relation to the examination on
commission of any other person]

CPC Order 17 - 1. Court may grant time and adjourn hearing1[(1) The Court may, if
ADJOURNMENTS sufficient cause is shown, at any stage of the suit grant time to the
parties or to any of them, and may from time to time adjourn the
hearing of the suit for reasons to be recorded in writing:Provided that
no such adjournment shall be granted more than three times to a party
during hearing of the suit.](2) Costs of adjournment-In every such case
the Court shall fix a day for the further hearing of the suit and 2[shall
make such Orders as to costs occassioned by the adjournment or such
higher costs as the court deems fit]:3[Provided that,-(a) when the
hearing of the suit has commenced, it shall be continued from day-to-
day unti 1 all the witnesses in attendance have been examined, unless
the Court finds that, for the exceptional reasons to be recorded by it,
the adjournment of the hearing beyond the following day is
necessary.(b) no adjournment shall be granted at the request of a party,
except where the circumstances are beyond the control of that party.(c)
the fact that the pleader of a party is engaged in another Court, shall
not be a ground for adjournment.(d) where the illness of a pleader or
his inability to conduct the case for any reason, other than his being
engaged in another Court, is put forward as a ground for adjournment,
the Court shall not grant the adjournment unless it is satisfied that the
party applying for adjournment could not have engaged another
pleader in time.(e) where a witness is present in Court but a party or his
pleader is not present or the party or his pleader, though present in
Court, is not ready to examine or cross-examine the witness, the Court
may, if it thinks fit, record the statement of the witness and pass such
Orders as it thinks fit dispensing with the examination-in-chief or cross-
examination of the witness, as the case may be, by the party or his
pleader not present or not ready as aforesaid.]HIGH COURT
AMENDMENTSBombay.-In Order XVII, in rule 1, in sub-rule (2), after the
words "costs occasioned by the adjournment", insert the words
"ordinarily not exceeding fifty rupees in ordinary suits and one hundred
rupees in special suit", (w.e.f. 1-11-1966)Delhi.-Same as in
Punjab.Gujarat-In Order XVII, in rule 1, in sub-rule (2), insert the words
as in Bombay substituting "thirty" and "forty-five" for "fifty" and "one
hundred" respectively.Himachal Pradesh.-Same as in Punjab.Punjab.-In
Order XVII, in rule 1, in sub-rule (1),-(i) at the beginning, insert the
following words, namely:-"Subject to the provisions of Order XXIII, rule
3".(ii) after sub-rule (2), insert the following sub-rule, namely:-"(3)
where sufficient cause is not shown for the grant of an adjournment
under sub-rule (1) the Court shall proceed with the suit
forthwith."[Vide Notification No. 95-G, dated 26th February, 1925 and
Notification No. 211-R/ XI-Y-22, dated 21st July, 1937.]1. Subs, by Act
No. 46 of 1999, section 26 (w.e.f 1-7-2002).2. Subs. Act No. 46 of 1999,
section 26 for certain words (w.e.f 1-7-2002).3.Subs, by Act No. 104 of
1976, for the previous proviso (w.e.f. 1-2-1977)2. Procedure if parties
fail to appear on day fixedWhere, on any day to which the hearing of
the suit is adjourned, the parties or any of them fail to appear, the
Court may proceed to dispose of the suit in one of the modes directed
in that behalf by Order IX or make such other Order as it thinks
fit.1[Explanation.-Where the evidence or a substantial portion of the
evidence of any party has already been recorded and such party fails to
appear on any day to which the hearing of the suit is adjourned, the
Court may, in its discretion, proceed with the case as if such party were
present.]HIGH COURT AMENDMENTSAllahabad.-In Order XVII, in rule 2,
insert the following, namely:-"Where the evidence, or a substantial
portion of the evidence, of any party has already been recorded, and
such party fails to appear on such day, the Court may in its discretion
proceed with the case as if such party were present, and may dispose
of it on the merits.Explanation.-No party shall be deemed to have failed
to appear if he is either present or is represented in Court by an agent
or pleader, though engaged only for the purpose of making an
application." (w.e.f. 28-5-1943}[Ed.-This amendment relates to rule 2
prior to its amendment made by the Central Act 104 of 1976, sec. 68
(w.e.f. 1-2-1977).]Andhra Pradesh.-In Order XVII, in rule 2, insert the
following Explanation, namely:-"Explanation.-The mere presence in
Court of a party or his counsel not duly instructed shall not be
considered to be an appearance of the party within the meaning of this
rule." (w.e.f. 27-4-1961)[Ed.-This amendment relates to rule 2 prior to
its amendment made by the Central Act 104 of 1976, sec. 68 (w.e.f. 1-
24977).]1. Ins. by Act No. 104 of 1976 (w.e.f.1-2-1977).3. Court may
proceed notwithstanding either party fails to produce evidence,
etc.Where any party to a suit to whom time has been granted fails to
produce his evidence, or to cause the attendance of his witnesses, or to
perform any other act necessary to the further progress of the suit, for
which time has been allowed, 1[the Court may, notwithstanding such
default,-(a) if the parties are present, proceed to decide the suit
forthwith, or(b) if the parties are, or any of them is, absent, proceed
under rule 2].HIGH COURT AMENDMENTSAllahabad.-In Order XVII, in
rule 3, put a comma after the first word "where" and insert thereafter
the words "in a case to which rule 2 does not apply", {w.e.f. 17-1-
1953)Andhra Pradesh.-In Order XVII, in rule 3, insert the following
proviso, namely:-"Provided that in a case where there is default under
this rule as well as default of appearance under rule 2 the Court will
proceed under rule 2." (w.e.f. 27-4-1961)1 Subs, by Act No. 104 of 1976
for certain words (w.e.f. 1-2-1977).
CPC Order 18 - 1. Right to beginThe plaintiff has the right to begin unless the defendant
HEARING OF THE SUIT admits the facts alleged by the plaintiff and contends that either in
AND EXAMINATION OF point of law or on some additional facts alleged by the defendant the
WITNESSES plaintiff is not entitled to any part of the relief which he seeks, in which
case the defendant has the right to begin.2. Statement and production
of evidence(1) On the day fixed for the hearing of the suit or on any
other day to which the hearing is adjourned, the party having the right
to begin shall state his case and produce his evidence in support of the
issues which he is bound to prove.(2) The other party shall then state
his case and produce his evidence (if any) and may then address the
Court generally on the whole case.(3) The party beginning may then
reply generally on the whole case.1[(3A) Any party may address oral
arguments in a case, and shall, before he concludes the oral arguments,
if any, submit if the Court so permits concisely and under distinct
headings written arguments in support of his case to the Court and
such written arguments shall form part of the record.(3B) A copy of
such written arguments shall be simultaneously furnished to the
opposite party.(3C) No adjournment shall be granted for the purpose of
filing the written arguments unless the Court, for reasons to be
recorded in writing, considers it necessary to grant such
adjournment.(3D) The Court shall fix such time limits for the oral
arguments by either of the parties in a case, as it thinks fit."]2[(4)
Omitted]HIGH COURT AMENDMENTSAllahabad.-In Order XVIII, for rule
2, substitute the following rule, namely:-"2. (1) On the day fixed for the
hearing of the suit or on any other day to which the hearing is
adjourned the party having the right to begin shall state his case,
indicating the relevancy of each of the documents produced by him,
and the nature of the oral evidence which he proposes to adduce and
shall then call his witnesses in support of the issues which he is bound
to prove.(2) The other party shall then state his case in the manner
aforesaid and produce his evidence (if any)." (w.e.f. 24-7-1926)Andhra
Pradesh.-Same as in Madras.Bombay.-Same as in Madras.Karnataka.-
Same as in Madras (w.e.f. 9-2-1967).Madras.-In Order XVIII, in rule 2, at
the end, insert the following Explanation, namely:-"Explanation.-
Nothing in this rule shall affect the jurisdiction of the Court for reasons
to be recorded in writing to direct any party to examine any witness at
any stage."Orissa.-In Order XVIII, in rule 2, insert the Explanation as in
Madras.Punjab.-In Order XVIII, in rule 2, insert the Explanation as in
Madras as Explanation 1 and after the so renumbered Explanation,
insert the following Explanation, namely:-"Explanation 2.-The
expression "witness" in Explanation 1 shall include any party as his own
witness." (w.e.f. 9-6-1942}Calcutta and Gauhati.-In Order XVIII, after
rule 2, insert the following rule, namely:-"2A. Notwithstanding anything
contained in clauses (1) and (2) of Rule 2, the Court may for sufficient
reason go on with the hearing although the evidence of the party
having the right to begin has both been concluded, and may also allow
either party to produce any witness at any stage of the suit."1. Sub-
rules (3A) (3B) (3C) and (3D) inserted by Act No. 22 of 2002, section 12
(w.e.f. 1-7-2002).2. Omitted by Act No. 46 of 1999, section 27 (w.e.f. 1-
7-2002).3. Evidence where several issuesWhere there are several
issues, the burden of proving some of which lies on the party, the party
beginning may, at his option, either produce his evidence on those
issues or reserve it by way of answer to the evidence produced by the
other party; and, in the latter case, the party beginning may produce
evidence on those issues after the other party has produced all his
evidence, and the other party may then reply specially on the evidence
so produced by the party beginning; but the party beginning will then
be entitled to reply generally on the whole case.HIGH COURT
AMENDMENTAllahabad.-In Order XVIII, for rule 3, substitute the
following rule, namely:-"3. (1) Where there are several issues the
burden of proving some of which lies on the other party, the party
beginning may, at his option, either state his case in the manner
aforesaid and produce his evidence on those issues or reserve the
statement of his case and the production of his evidence on those
issues by way of answer to the evidence produced by the other party;
and, in the later case, the party beginning may state his case in the
manner aforesaid and produce evidence on those issues after the other
party has produced all his evidence.(2) After both parries have
produced their evidence, the party beginning may address the Court on
the whole case; the other party may then address the Court on the
whole case; and the party beginning may reply generally on the whole
case, provided that in doing so he shall not, without the leave of the
Court, raise questions which should have been raised in the opening
address."[Vide Notification No. 3837/35 (a)-2(l), dated 20th June,
1936.]1[3A. Party to appear before other witnessesWhere a party
himself wishes to appear as a witness, he shall so appear before any
other witness on his behalf has been examined, unless the Court, for
reasons to be recorded permits him to appear as his own witness at a
later stage.]1. Ins. by Act No. 104 of 1976 (w.e.f.1-2-1977).1[4.
Recording of evidence(1) In every case, the examination-in-chief of a
witness shall be on affidavit and copies thereof shall be supplied to the
opposite party by the party who calls him for evidence.Provided that
where documents are filed and the parties rely upon the documents,
the proof and admissibility of such documents which are filed along
with affidavit shall be subject to the Orders of the Court.(2) The
evidence (cross-examination and re-examination) of the witness in
attendance, whose evidence (examination-in-chief) by affidavit has
been furnished to the Court, shall be taken either by the Court or by
the Commissioner appointed by it:Provided that the Court may, while
appointing a commission under this sub-rule, consider taking into
account such relevant factors as it thinks fit:(3) The Court or the
Commissioner, as the case may be, shall record evidence either in
writing or mechanically in the presence of the Judge or of the
Commissioner, as the case may be, and where such evidence is
recorded by the Commissioner he shall return such evidence together
with his report in writing signed by him to the Court appointing him and
the evidence taken under it shall form part of the record of the suit.(4)
The Commissioner may record such remarks as it thinks material
respecting the demeanour of any witness while under
examination.Provided that any objection raised during the recording of
evidence before the Commissioner shall be recorded by him and
decided by the Court at the stage of arguments.(5) The report of the
Commissioner shall be submitted to the Court appointing the
commission within sixty days from the date of issue of the commission
unless the Court for reasons to be recorded in writing extends the
time.(6) The High Court or the District Judge, as the case may be, shall
prepare a panel of Commissioners to record the evidence under this
rule.(7) The Court may by general or special Order fix the amount to be
paid as remuneration for the services of the Commissioner.(8) The
provisions of rules 16, 16A, 17 and 18 of Order XXVI, in so far as they
are applicable, shall apply to the issue, execution and return of such
commissions under this rule.]1. Rule 4 which was substituted by Act No.
46 of 1999, section 27 has now again been substituted by Act No. 22 of
2002, section 12 (w.e.f. 1-7-2002).1[25. How evidence shall be taken in
appealable casesIn cases in which an appeal is allowed, the evidence of
each witness shall be,-(a) taken down in the language of the Court,-(i)
in writing by, or in the presence and under the personal direction and
superintendence of, the Judge, or(ii) from the dictation of the Judge
directly on a typewriter, or(b) if the Judge, for reasons to be recorded,
so directs, recorded mechanically in the language of the Court in the
presence of the Judge.]1. Subs, by Act No. 104 of 1976, for the former
rule 5 (w.e.f. 1-2-1977).2. The provisions of rules, 5,6,7, 8,9,11,13,14,15
and 16 so far as they relate to the manner of taking evidence are not
applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925
(U.P 4 of 1925).16. When deposition to be interpretedWhere the
evidence is taken down in language different from that in which it is
given, and the witness does not understand the language in which it is
taken down, the evidence as taken down in writing shall be interpreted
to him in the language in which it is given.1. The provisions of rules, 5,
6,7,8,9, 11,13,14,15 and 16 so far as they relate to the manner of taking
evidence are not applicable to the Chief Court of Oudh, see the Oudh
Courts Act, 1925 (U.P. 4 of 1925).17. Evidence under Section
138.Evidence taken down under section 138 shall be in the form
prescribed by rule 5 and shall be read over and signed and, as occasion
may require, interpreted and corrected as if it were evidence taken
down under that rule.1. The provisions of rules, 5, 6,7,8,9, 11,13,14,15
and 16 so far as they relate to the manner of taking evidence are not
applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925
(U.P 4 of 1925).18. Memorandum when evidence not taken down by
JudgeWhere the evidence is not taken down in writing by the Judge,
2[or from his dictation in the open Court, or recorded mechanically in
his presence,] he shall be bound, as the examination of each witness
proceeds, to make a memorandum of the substance of what each
witness deposes, and such memorandum shall be written and signed by
the Judge and shall form part of the record.HIGH COURT
AMENDMENTSAllahabad.-In Order XVIII, in rule 8,-(a) after the words
"in writing by the Judge", insert the words "or from his dictation";(b) for
the words "and signed by the Judge", substitute the words "by the
Judge or typed to dictation, shall be signed by him".[Vide Notification
No. 92/X-4, dated 19th May, 1956.]Bombay.-In Order XVIII, for rule 8,
substitute the following rule, namely:-"8. Memorandum when evidence
not taken down by Judge.-Where the evidence is not taken down in
writing by the Judge, he shall be bound as the examination of each
witness proceeds, to make a memorandum of the substance of what
each witness deposes and such memorandum shall be written or
dictated and signed by the Judge and shall form part of the
record.Exception.-However in matters outside Greater Bombay, the
State of Goa and the Union Territories of Daman and Diu and Dadra and
Nagar Haveli and from which there is no first appeal to the High Court
the depositions given by the witnesses shall be recorded only in
Marathi or in English where the witness deposes in English. In such
matter it is not necessary to maintain memorandum as mentioned in
the rule."[Vide Maharashtra Notification No. P.O. 102/77, dated 31st
December, 1987.]Calcutta.-In Order XVIII, omit rule 8. (w.e.f. 6-7-
1967)Madhya Pradesh.-In Order XVIII, in rule 8, between the words
"Judge" and "comma," insert the words "or at his dictation in open
Court", {w.e.f. 27-7-1956)Punjab and Haryana.-In Order XVIII, in rule 8,-
(i) between the words "in writing by the Judge" and "he shall be bound"
insert the words "or from his dictation" .(ii) for the words "and signed
by the Judge", substitute the words "by the Judge typed to has
dictation, shall be signed by him".1. The provisions of rules, 5, 6,7,8,9,
11,13,14,15 and 16 so far as they relate to the manner of taking
evidence are not applicable to the Chief Court of Oudh, see the Oudh
Courts Act, 1925 (U.P 4 of 1925).2. Ins. by Act No. 104 of 1976 (w.e.f. 1-
2-1977).1[29. When evidence may be taken in English(1) Where English
is not the language of the Court, but all the parties to the suit who
appear in person, and the pleaders of such of the parties as appear by
pleaders, do not object to having such evidence as is given in English,
being taken down in English, the Judge may so take it down or cause it
to be taken down.(2) Where evidence is not given in English but all the
parties who appear in person, and the pleaders of such of the parties as
appear by pleaders, do not object to having such evidence being taken
down in English, the Judge may take down, or cause to be taken down,
such evidence in English.]1. Subs, by Act No. 104 of 1976 for rule 9
(w.e.f. 1-2-1977).2. The provisions of rules, 5, 6,7,8,9, 11,13,14,15 and
16 so far as they relate to the manner of taking evidence are not
applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925
(U.P 4 of 1925).10. Any particular question and answer may be taken
downThe Court may, of its own motion or on the application of any
party or his pleader, take down any particular question and answer, or
any objection to any question, if there appears to be any special reason
for so doing.HIGH COURT AMENDMENTCalcutta.-In Order XVIII, in rule
10, after the words "take down" insert the words, "or cause to be taken
down from his dictation in open Court, in the language of the Court or
in English", (w.e.f. 6-7-1967)111. Questions objected to and allowed by
CourtWhere any question put to a witness is objected to by a party or
his pleader, and the Court allows the same to be put, the Judge shall
take down the question, the answer, the objection and the name of the
person making it, together with the decision of the Court thereon.HIGH
COURT AMENDMENTCalcutta.-In Order XVIII, in rule 11, after the words
"take down", insert the words "or cause to be taken down from his
dictation in open Court, in the language of the Court or in English",
(w.e.f. 6-7-1967)1. The provisions of rules, 5, 6, 7, 8, 9, 11, 13, 14, 15
and 16 so far as they relate to the manner of taking evidence are not
applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925
(U.P 4 of 1925).12. Remarks on demeanour of witnessesThe Court may
record such remarks as it thinks material respecting the demeanour of
any witness while under examination.HIGH COURT
AMENDMENTCalcutta.-In Order XVIII, in rule 12, at the end, insert the
following words, namely:- "or cause the same to he recorded under his
dictation in open Court, in the language of the Court or in English",
(w.e.f. 6-7-1967)1[2[13. Memorandum of evidence in unappealable
casesIn cases in which an appeal is not allowed, it shall not be
necessary to take down or dictate or record the evidence of the
witnesses at length; but the Judge, as the examination of each witness
proceeds, shall make in writing, or dictate directly on the typewriter, or
cause to be mechanically recorded, a memorandum of the substance of
what the witness deposes, and such memorandum shall be signed by
the Judge or otherwise authenticated, and shall form part of the
record.]HIGH COURT AMENDMENTBombay.-In Order XVIII, for rule 13,
substitute the following rule, namely:-"13. Memorandum of evidence in
unappealable cases.-In cases in which an appeal in not allowed, it shall
not be necessary to take down or dictate or record the evidence of the
witnesses at length; but the Judge, as the examination of each witness
proceeds, shall make in writing, or dictate directly on the typewriter, or
cause to be mechanically recorded, a memorandum of substance of
what the witness deposes and such memorandum shall be signed by
the Judge or otherwise authenticated, and shall form part of the record.
However, such memorandum outside Greater Bombay, the State of Goa
and the Union Territories of Daman and Diu and Dadra and Nagar
Haveli shall be in Marathi or in English wherever the witnesses depose
in English."[Vide Maharashtra Notification No. P.O. 102/77, dated 31st
December, 1978.] 14. Judge unable to make such memorandum to
record reasons of his inability.-[Rep. by the Code of Civil Procedure
(Amendment) Act, 1976 (104 of 1976), sec. 69 (w.e.f. 1-2-1977).]1.
Subs, by Act No. 104 of 1976, for the former rule (w.e.f. 1-2-1977).2.
The provisions of rule 5, 6, 7, 8, 9, 11, 13, 14, 15 and 16, so far as they
relate to the manner of taking evidence, are not applicable to the Chief
Court of Oudh, see the Oudh Courts Act, 1925 (U.P. 4 of 1925).114.
[Judge unable to make such memorandum to record reasons of his
liability.]Rep. by the Code of Civil Procedure (Amendment) Act, 1976
(104 of 1976), s. 69 (w.e.f. 1-2-1977).1. The provisions of rule 5, 6, 7, 8,
9, 11, 13, 14, 15 and 16, so far as they relate to the manner of taking
evidence, are not applicable to the Chief Court of Oudh, see the Oudh
Courts Act, 1925 (U.P. 4 of 1925).115. Power to deal with evidence
taken before another Judge(1) Where a Judge is prevented by death,
transfer or other cause from concluding the trial of a suit, his successor
may deal with any evidence or memorandum taken down or made
under the foregoing rules as if such evidence or memorandum had
been taken down or made by him or under his direction under the said
rules and may proceed with the suit from the stage at which his
predecessor left it.(2) The provisions of sub-rule (1) shall, so far as they
are applicable, be deemed to apply to evidence taken in a suit
transferred under section 24.1. The provisions of rule 5, 6, 7, 8, 9, 11,
13, 14, 15 and 16, so far as they relate to the manner of taking
evidence, are not applicable to the Chief Court of Oudh, see the Oudh
Courts Act, 1925 (U.P. 4 of 1925).116. Power to examine witness
immediately(1) Where a witness is about to leave the jurisdiction of the
Court, or other sufficient cause is shown to the satisfaction of the Court
why his evidence should be taken immediately, the Court may upon the
application of any party or of the witness, at any time after the
institution of the suit, take the evidence of such witness in manner
herein before provided.(2) Where such evidence is not taken forthwith
and in the presence of the parties, such notice as the Court thinks
sufficient, of the day fixed for the examination, shall be given to the
parties.(3) The evidence so taken shall be read over to the witness, and
if he admits it to be correct, shall be signed by him, and the Judge shall,
if necessary, correct the same, and shall sign it, and it may then be read
at any hearing of the suit.1. The provisions of rule 5, 6, 7, 8, 9, 11, 13,
14, 15 and 16, so far as they relate to the manner of taking evidence,
are not applicable to the Chief Court of Oudh, see the Oudh Courts Act,
1925 (U.P. 4 of 1925).17. Court may recall and examine witnessThe
Court may at any stage of a suit recall any witness who has been
examined and may (subject to the law of evidence for the time being in
force) put such questions to him as the Court thinks fit.1[17A.
Omitted.]1. Omitted by Act No. 46 of 1999, section 27 (w.e.f. 1-7-
2002).18. Power of Court to inspectThe Court may at any stage of a suit
inspect any property or thing concerning which any question may arise
1[and where the Court inspects any property or thing it shall, as soon as
may be practicable, make a memorandum of any relevant facts
observed at such inspection and such memorandum shall form a part of
the record of the suit.]HIGH COURT AMENDMENTAllahabad.-In Order
XVIII, after rule 18, insert the following rule, namely:-"19. (1) The Judge
shall record in his own hand in English all Orders passed on
applications, other than Orders of a purely routine character.(2) The
Judge shall record in his own hand in English all admissions and denials
of documents, and the English proceedings shall show how all
documents tendered in evidence have been dealt with from the date of
presentation down to the final Order admitting them in evidence or
rejecting them.(3) The Judge shall record the issues in his own hand in
English, and the issues shall be signed by the Judge and shall form part
of the English proceedings."[Vide Notification No. 794/35 (a), dated
17th March, 1923.]1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).1[19.
Power to get statements recorded on commissionNotwithstanding
anything contained in these rules, the court may, instead of examining
witnesses in open court, direct their statements to be recorded on
commission under rule 4A of Order XXVI].1. Added by Act No. 46 of
1999, section 27 (w.e.f 1-7-2002).
CPC Order 19 - 1. Power to Order any point to be proved by affidavitAny Court may at
AFFIDAVITS any time for sufficient reason Order that any particular fact or facts may
be proved by affidavit, or that the affidavit of any witness may be read
at the hearing, on such conditions as the Court thinks reasonable
:Provided that where it appears to the Court that either party bona fide
desires the production of a witness for cross-examination, and that
such witness can be produced, an Order shall not be made authorizing
the evidence of such witness to be given by affidavit.STATE
AMENDMENTSUttar Pradesh.-For the existing proviso, substitute the
following:-"Provided that if it appears to the Court, whether at the
instance of either party or otherwise and whether before or after the
filing of such affidavit, that the production of such witness for cross-
examination is necessary and his attendance can be procured, the
Court shall Order the attendance of such witness, whereupon the
witness may be examined, cross-examined and re-examined.". [U.P. Act
(57 of 1976)].Madhya Pradesh.-Insert the following rule, after rule 1:-
"1-A. Proof of fact by affidavit in certain cases.-Notwithstanding
anything contrary to rule 1, the Court shall, in a suit or proceeding
referred to in sub-rule 3-B of Order 1 and whether or not any
proceeding under the Madhya Pradesh Ceiling on Agricultural Holdings
Act, 1960 are pending before the Competent Authority appointed
under that Act, call upon the parties to prove any particular fact or facts
as it may direct, by affidavit, unless the Court looking to the nature and
complexity of the suit or proceeding and for reasons to be recorded in
writing deems it just and expedient to dispense with the proof of a fact
or facts by affidavits.".[M.P. Act 29 of 1984].HIGH COURT
AMENDMENTAllahabad.-In Order XIX, after rule 1, insert the following
rule, namely:-"1A. Power to permit ex parts evidence on affidavit.-
Where the case proceeds ex parte the Court may permit the evidence
of the plaintiff to be given an affidavit."[Vide Notification No. 121/IV-K-
36 D, dated 10th February, 1981.]2. Power to Order attendance of
deponent for cross-examination(1) Upon any application evidence may
be given by affidavit, but the Court may, at the instance of either party,
Order the attendance for cross-examination of the deponent.(2) Such
attendance shall be in Court, unless the deponent is exempted from
personal appearance in Court or the Court otherwise directs.3. Matters
to which affidavits shall be confined(1) Affidavits shall be confined to
such facts as the deponent is able of his own knowledge to prove,
except on interlocutory applications, on which statements of his belief
may be admitted, provided that the grounds thereof are stated.(2) The
costs of every affidavit which shall unnecessarily set forth matters of
hear say or argumentative matter, or copies of or extracts from
document, shall (unless the Court otherwise directs) be paid by the
party filing the same.HIGH COURT AMENDMENTAllahabad.-In Order
XIX, after rule 3, insert the following rules, namely:-"4. Affidavits shall
be entitled in the Court of........ or ........(naming such Court). If the
affidavit be in support of, or in opposition to, an application respecting
any case in the Court, it shall also be entitled in such case. If there be
no such case it shall be entitled In the matter of petition of.5. Affidavits
shall be divided into paragraphs, and every paragraph shall be
numbered consecutively and, as may be, shall be confined to a distinct
portion of the subject.[Vide Notification No. 1953/35 (a), dated 22nd
May, 1915; Notification No. 572/35 ia)-(2), dated 18th February,
1928.]6. Every person making any affidavit shall be described therein in
such manner as shall serve to identify him clearly; and where necessary
for this purpose, it shall contain the full name, the name of his father, of
his caste or religious persuation, his rank or degree in life, his
profession, calling, occupation or trade, and the true place of his
residence.7. Unless it be otherwise provided, an affidavit may be made
by any person having cognizance of the facts deposed to. Two or more
persons may join in an affidavit; each shall depose separately to those
facts which are within his own knowledge, and such facts shall be
stated in separate paragraphs.8. When the declarant in any affidavit
speaks to any fact within his own knowledge, he must do so directly
and positively, using the words "I affirm" or "I make oath and say".9.
Except in interlocutory proceedings, affidavits shall strictly be confined
to such facts as the declarant is able of his own knowledge to prove. In
interlocutory proceedings, when the particular fact is not within the
declarant's own knowledge, but is stated from information obtained
from others, the declarant shall use the expression"I am informed",
and, if such be the case, "and verily believe it to be true", and shall
state the name and address of and sufficiently describe for the
purposes of identification, the person or persons from whom he
received such information. When the application or the opposition
thereto rests on facts disclosed in documents or copies of documents
produced from any Court of justice or other source, the declarant shall
state what is the source from which they were produced, and his
information and belief as to the truth of the facts disclosed in such
documents.10. When any place is referred to in an affidavit, it shall be
correctly described. When in an affidavit any person is referred to, such
person, the correct name and address of such person, and such further
description as may be sufficient for the purpose of the identification of
such person, shall be given in the affidavit.11. Every person making an
affidavit for use in a Civil Court shall, if not personally known to the
person before whom the affidavit is made, be identified to that person
by some one known to him, and the person before whom the affidavit
is made shall state at the foot of the affidavit the name, address, and
description of him by whom the identification was made as well as the
time and place of such identification.11A. Such identification may be
made by a person-(a) personally acquainted with the person to be
identified, or(b) satisfied, from papers in that person's possession or
otherwise, of his identity.Provided that in case (b) the person so
identifying shall sign on the petition or affidavit a declaration in the
following form, after there has been affixed to such declaration in his
presence the thumb impression of the person so identified:-
FORMI................ (name, address and description) declare that the
person verifying this petition (or making this affidavit) and alleging
himself to be A B has satisfied me (here state by what means, e.g., from
papers in his possession or otherwise) that he is A B.12. No verification
of a petition and no affidavit purporting to have been made by a
pardahnashin woman who has not appeared unveiled before the
person before whom the verification or affidavit was made, shall be
used unless she has been identified in manner already specified and
unless such petition or affidavit be accompanied by an affidavit of
identification and such women made at the time by the person who
identified her.13. The person before whom any affidavit is about to be
made shall, before the same is made, ask the person proposing to make
such affidavit if he has read the affidavit and understands the contents
thereof, and if the person proposing to make such affidavit states that
he has not read the affidavit or appears not to understand the contents
thereof, or appears to be illiterate, the person before whom the
affidavit is about to be made shall read and explain, or cause some
other competent person to read and explain in his presence, the
affidavit to the person proposing to make the same, and when the
person before whom the affidavit is about to be made is thus satisfied
that the person proposing to make such affidavit understands the
contents thereof, the affidavit may be made.14. The person before
whom an affidavit is made, shall certify at the foot of the affidavit the
fact of the making of the affidavit before him and the time and place
when and where it was made, and shall for the purpose of
identification mark and initial and exhibits referred to in the
affidavit.15. If it be found necessary to correct any clerical error in any
affidavit, such correction may be made in the presence of the person
before whom the affidavit is about to be made, and before, but not
after the affidavit is made. Every correction so made shall be initialled
by the person before whom the affidavit is made, and shall be made in
such manner, as not to render it impossible or difficult to read the
original word or words, figure or figures, in respect of which the
correction may have been made."
CPC Order 20 - 11. Judgment when pronounced2 [(1)] The Court, after the case has
JUDGMENT AND bee heard, shall pronounce judgment in an open Court, either at once,
DECREE or as soon thereafter as may be practicable and when the judgment is
to be pronounced on some future day, the Court shall fix a day for that
purpose, of which due notice shall be given to the parties or their
pleaders:Provided that where the judgment is not pronounced at once,
every endeavour shall be made by the Court to pronounce the
judgment within thirty days from the date on which the hearing of the
case was concluded but, where it is not practicable so to do on the
ground of the exceptional and extraordinary circumstances of the case,
the Court shall fix a future day for the pronouncement of the judgment,
and such day shall not ordinarily be a day beyond sixty days from the
date on which the hearing of the case was concluded, and due notice of
the day so fixed shall be given to the parties or their pleaders.3[(2)
Where a written judgment is to be pronounced, it shall be sufficient if
the findings of the Court on each issue and the final Order passed in the
case are read out and it shall not be necessary for the Court to read out
the whole judgment,4[* * *](3) The judgment may be pronounced by
dictation in open Court to a shorthand writer if the Judge is specially
empowered by the High Court in this behalf:Provided that, where the
judgment is pronounced by dictation in open Court, the transcript of
the judgment so pronounced shall, after making such correction therein
as may be necessary, be signed by the judge, bear the date on which it
was pronounced, and form a part of the record.]HIGH COURT
AMENDMENTSAndhra Pradesh.-Same as in Madras.Bombay.-In Order
XX, in rule 1, in sub-rule (3), omit the words "if the Judge is specially
empowered by High Court in this behalf", (w.e.f. 1-10-1983)Karnataka.-
In Order XX, renumber rule 1 as sub-rule (1) thereof and insert the
following sub-rule, namely:-"(2) The judgment may be pronounced by
dictation to a shorthand writer in open Court, where the Presiding
Judge has been specially empowered in that behalf by the High Court.
Where the Presiding judge is not so empowered the judgment shall be
reduced to writing before it is pronounced." (w.e.f. 30-3-1967}Kerala.-In
Order XX, renumber rule 1 as sub-rule (1) thereof and insert the
following sub-rule, namely:-"(2) The judgment may be pronounced by
dictation to a shorthand writer in open Court." (w.e.f. 9-6-
1959)Madras.-In Order XX, for rule 1, substitute the following rule,
namely:-"1. (1) The Court, after the case has been heard, shall
pronounce judgment in open Court, either, at once or on some future
day, of which due notice shall be given to the parties or their
pleaders.(2) The judgment may be pronounced by dictation to a
shorthand writer in open Court where the Presiding Judge has been
specially empowered in that behalf by the High Court." (w.e.f. 6-5-
1930)1. The provisions of rules 1, 3, 4 and 5 are not applicable to the
Chief Court of Oudh; see the Outh Court Act, 1925 (U.P. 4 of 1925), s.
16(2).2. Rule which was renumbered as sub rule (1) by Act No. 104 of
1976 has been substituted by Act No. 22 of 2002, section 13 (w.e.f. 1-7-
2002).3. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).4. Certain words
omitted by Act No. 46 of 1999 section 28 (w.e.f. 1-7-2002).2. Power to
pronounce judgment written by judge's predecessor1[A Judge shall]
pronounce a judgment written, but not pronounced, by his
predecessor.1. Subs, by Act No. 104 of 1976 for "A Judge may" (w.e.f. 1-
2-1977).13. Judgment to be signedThe judgment shall be dated and
signed by the Judge in open Court at the time of pronouncing it and,
when once signed, shall not afterwards be altered or added, to save as
provided by section 152 or on review.HIGH COURT
AMENDMENTSAndhra Pradesh.-Same as in Madras.Gujarat.-In Order
XX, for rule 3, substitute the following rule, namely:-"3. Judgment to be
signed.-The judgment shall be dated and initialled by the Judge. When
the judgment is once initialled by the Judge it shall not afterwards be
altered or added to save as provided by section 152 or on
review:Provided that where the judgment is pronounced by dictation to
a shorthand-writer in open Court, the transcript of the judgment so
pronounced shall after making such corrections therein as may be
necessary be signed by the Judge and shall bear the date of its
pronouncement, and when the judgment is once so signed by the
Judge it shall not afterwards be altered or added to save as provided by
section 152 or on review."Karnataka.-In Order XX, for rule 3, substitute
the rule as in Madras with the substitution of the words "section 152 of
the Code or upon review" for the words "section 152 or on review",
(w.e.f. 30-3-1967)Kerala.-Same as in Madras with the changes that for
the words "provided also that where the Judge pronounces his
judgment by dictation", substitute the words "provided that where the
Judgment is pronounced by dictation", (w.e.f. 9-5-1959)Madras.-In
Order XX, for rule 3, substitute the following new rule, namely:-"3.
Judgment to be signed-Transcript of Shorthand.-The judgment shall
bear the date on which it is pronounced and shall be signed by the
Judge and, when once signed, shall not afterwards be altered or added
to, save as provided by section 152 or on review, provided also that
where the Judge pronounces his judgment by dictation to a shorthand
writer in open Court the transcript of the Judgment so pronounced
shall after such revision as may be deemed necessary, be signed by the
Judge." (w.e.f. 6-5-1930).Rajasthan.-Renumber the existing rule 3 as
sub-rule (1) of that rule and insert the following sub-rules, namely:-"(2)
Where the judgment is pronounced by dictation to a shorthand writer
in open Court the transcript of the judgment so pronounced shall, after
such revision as may be deemed necessary, be signed by the Judge and
shall bear the date of its pronouncement.(3) In cases where judgment is
not written by the Judge in his own hand, and dictated and taken down
verbation by another person, each page of the judgement shall be
initialled by the Judge."[Vide Notification, dated 23rd December,
1964.]1. The provisions of rules 1, 3, 4, and 5 are not applicable to the
Chief Court of Oudh; see the Oudh Courts Act, 1925 (U.P. 4 of 1925).14.
Judgments of Small Cause Courts(1) Judgments of a Court of Small
Causes need not contain more than the points for determination and
the decision thereon.(2) Judgments of other Courts?Judgments of other
Courts contain a concise statement of the case, the points for
determination, the decision thereon, and the reasons for such
decision.HIGH COURT AMENDMENTKerala.-In Order XX, in rule 4.-(a) in
sub-rule (1), for the marginal note "Judgment of Small Cause Courts",
substitute the marginal note "Judgment in suits tried as Small Cause";
and for the words "Judgments of a Court of Small Causes", substitute
the words "Judgments in suits tried as Small Causes".(b) in sub-rule (2),
for the marginal note "Judgment of other Courts", substitute the
marginal note "Judgment in other cases"; and for the words
"Judgments of other Courts" substitute the words "Judgment in all
other cases."[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]1.
The provisions of rules 1, 3, 4, and 5 are not applicable to the Chief
Court of Oudh; see the Oudh Courts Act, 1925 (U.P. 4 of 1925).15. Court
to state its decision on each issueIn suits in which issue, have been
framed, the Court shall state its finding or decision, with the reasons
therefore, upon separate issue, unless the finding upon any one or
more of the issue is sufficient for the suit.1. The provisions of rules 1, 3,
4, and 5 are not applicable to the Chief Court of Oudh; see the Oudh
Courts Act, 1925 (U.P. 4 of 1925).1[5A. Court to inform parties as to
where an appeal lies in cases where parties are not represented by
pleadersExcept where both the parties are represented by pleaders, the
Court shall, when it pronounces its judgment in a case subject to
appeal, inform the parties present in Court as to the Court to which an
appeal lies and the period of limitation for the filing of such appeal and
place on record the information so given to the parties.]1. Ins. by Act
No. 104 of 1976.6. Contents of decree(1) The decree shall agree with
the judgment; it shall contain the number of the suit, the 1[names and
descriptions of the parties, their registered addresses,] and particulars
of the claim and shall specify clearly the relief granted or other
determination of the suit.(2) The decree shall also state the amount of
costs incurred in the suit, and by whom or out of what property and in
what proportions such costs are to be paid.(3) The Court may direct
that the costs payable to one party by the other shall be set off against
any sum which is admitted or found to be due from the former to the
latter.HIGH COURT AMENDMENTSAndhra Pradesh.-In Order XX, in rule
6,-(a) in sub-rule (1), after the words "description of the parties", insert
the words "their addresses for service",(b) after sub-rule (2), insert the
following sub-rule, namely:-"(2A) In all cases in which an element of
champerty or maintenance is proved, the Court may provide in the final
decree for costs on a special scale approximating to the actual expenses
reasonably incurred by the defendant."Bombay.-In Order XX, in rule 6,
for sub-rule (1), substitute the following sub-rule, namely:-"(1) The
decree shall agree with the judgment; it shall contain the date of
presentation of the plaint, the number of the plaint, the number of the
suit, the names and descriptions of the parties, their registered
addresses and particulars of the claim, and shall specify clearly the
relief granted or other determination of the suit." (w.e.f. 1-10-
1983)Delhi.-Same as in Himachal Pradesh.Himachal Pradesh.-In Order
XX, in rule 6, after sub-rule (1), insert the following sub-rule, namely:-
"(1A) In addition to the particulars mentioned in clause (1), the decree
shall contain the addresses of the plaintiff and the defendant as given in
O. VII, R. 19 and O. VIII, R. 11 or as subsequently altered under O. VII, R.
24 and O. VIII, R. 12 respectively."Karnataka.-In Order XX, for rule 6,
substitute the following rule, namely:-"6. Contents of decree.-(1) The
decree shall agree with the judgment; it shall contain the number of
the suit, names and descriptions of the parties, their respective
addresses for service as originally set out in their pleadings or where
they have been subsequently changed in accordance with rule 14 of
Order VI of this Code, such modified addresses, the particulars of the
claim and shall specify clearly the relief granted or other determination
of the suit.(2) The decree shall also state the amount of costs incurred
in the suit and by whom or out of what property and in what
proportions such costs are to be paid.(3) The Court may direct that the
costs payable to one party by the other shall be set off against any sum
which is admitted or found to be due from the former to the latter.(4) In
all cases in which an element of champerty or maintenance is proved,
the Court may provide in the final decree for costs on a special scale
approximating to the actual expenses reasonably incurred by the
defendant." (w.e.f. 30-3-1967)Kerala.-Same as in Andhra Pradesh (a),
(w.e.f. 9-6-1959)Madras.-Same as in Andhra Pradesh. (w.e.f. 6-5-
1930)Punjab, Haryana and Chandigarh.-In Order XX, in rule 6,-(a) for
rule (1), substitute the following sub-rule, namely:-"(1) The decree shall
agree with the judgment, it shall contain the number of the suit, the
names and descriptions of the parties, their correct and latest
addresses, {which shall be filed by the parties at or before the final
arguments) and particulars of the claim and shall specify clearly the
relief granted or other determination of the suit."[Vide Notification
G.S.R. 39/C.A. 5/1908/S. 12257 (w.e.f. 11-4-1975).](b) after sub-rule (1),
insert sub-rule (1A) as in Himachal Pradesh.1. Subs, by Act No. 104 of
1976 for "names and descriptions of the parties" (w.e.f. 1-2-1977).1[6A.
Preparation of decree(1) Every endeavour shall be made to ensure that
the decree is drawn up as expeditiously as possible and, in any case,
within fifteen days from the date on which the judgment is
pronounced.(2) An appeal may be preferred against the decree without
filing a copy of the decree and in such a case the copy made available to
the party by the court shall for the purposes of rule 1 of Order XLI be
treated as the decree. But as soon as the decree is drawn, the judgment
shall cease to have the effect of a decree for the purposes of execution
or for any other purpose.1. Subs, by Act No. 46 of 1999, section 28
(w.e.f. 1-2-2002)6B. Copies of judgments when to be made
availableWhere the judgment is pronounced, copies of the judgment
shall be made available to the parties immediately after the
pronouncement of the judgment for preferring an appeal on payment,
of such charges as may be specified in the rules made by the High
Court.]7. Date of decreeThe decree shall bear the day on which the
judgment was pronounced, and when the Judge has satisfied himself
that the decree has been drawn up in accordance with the judgment,
he shall sign the decree.HIGH COURT AMENDMENTSBombay.-In Order
XX, in rule 7, insert the following proviso, namely-"Provided that in
proceeding taken in the Bombay City Civil Court the decree shall bear
date the day on which the judgment was pronounced and it shall be
engrossed in the office of the Registrar and be signed by him and sealed
with the seal of the Court." (w.e.f. 1-10-1983)Kerala.-In Order XX, in rule
7, insert the following proviso, namely:-"Provided that the decrees of
the High Court may be signed by the officer empowered in that behalf."
{w.e.f. 9-6-1959)Allahabad.-In Order XX, after rule 7, insert the following
rule, namely:-"7A. format Order.-A Court, other than a Court
subordinate to the District Court exercising insolvency jurisdiction,
passing an Order under section 144 or an Order against which an
appeal is allowed by section 104 or Rule 1 of Order XLII, or an Order in
any case, against which an appeal is allowed by law, shall, if a party
applies for a copy of formal Order or the Court so directs, draw up a
formal Order embodying its adjudication and the memorandum of
costs incurred by the parties." {w.e.f. 3-10-1981)8. Procedure where
Judge has vacated office before signing decreeWhere a Judge has
vacated office after pronouncing judgment but without signing the
decree, a decree drawn up in accordance with such judgment may be
signed by his successor or, if the Court has ceased to exist, by the Judge
of any Court to which such Court was subordinate.9. Decree for
recovery of immovable propertyWhere the subject-matter of the suit is
immovable property, the decree shall contain a description of such
property sufficient to identify the same, and where such property can
be identified boundaries or by numbers in a record of settlement or
survey, the decree shall specify such boundaries or numbers.10. Decree
for delivery of movable propertyWhere the suit is for movable property,
and the decree is for the delivery of such property, the decree shall also
state the amount of money to be paid as an alternative if delivery
cannot be had.11. Decree may direct payment by instalments(1) Where
and in so far as a decree is for the payment of money, the Court may for
any sufficient reason 1[incorporate in the decree after hearing such of
the parties who had appeared personally or by pleader at the last
hearing, before judgment, an Order that] payment of the amount
decreed shall be postponed or shall be made by instalments, with or
without interest, notwithstanding anything contained in the contract
under which the money is payable,(2) Order, after decree, for payment
by instalments?After the passing of any such decree the Court may, on
the application of the judgment-debtor and with the consent of the
decree-holder, Order that payment of the amount decreed shall be
postponed or shall be made by instalments on such terms as to the
payment of interest, the attachment of the property of the judgment-
debtor, or the taking of security from him, or otherwise, as it thinks
fit.HIGH COURT AMENDMENTSAndhra Pradesh.-Same as in
Madras.Madhya Pradesh.-In Order XX, in rule 11, in sub-rule (2), for the
words "and with the consent of the decree-holder", substitute the
words "and after notice to the decree-holder".Madras.-In Order XX, in
rule 11, in sub-rule (2), for the words "with the consent of", substitute
the words "after notice to".Orissa.-Same as in Madhya Pradesh.[Vide
Notification No. 24-X-7-52, dated 30th March, 1954.]1. Subs, by Act No.
104 of 1976, for certain words (w.e.f. 1-2-1977).12. Decree for
possession and mesne profits(1) Where a suit is for the recovery of
possession of immovable property and for rent or mesne profits, the
Court may pass a decree?(a) for the possession of the property;1[(b) for
the rents which have accrued on the property during the period prior to
the institution of the suit or directing an inquiry as to such rent;(ba) for
the mesne profits or directing an inquiry as to mesne profits;](c)
directing an inquiry as to rent or mesne profits from the institution of
the suit until?(i) the delivery of possession to the decree-holder,(ii) the
relinquishment of possession by the judgment-debtor with notice to
the decree-holder through the Court, or(iii) the expiration of three
years from the date of the decree, whichever event first occurs.(2)
Where an inquiry is directed under clause (b) or clause (c), a final
decree in respect of the rent or mesne profits shall be passed in
accordance with the result of such inquiry.HIGH COURT
AMENDMENTSAndhra Pradesh.-Same as in Madras.Karnataka.-Same as
in Madras except that for the words "the final decree", substitute the
words "a final decree", (w.e.f. 30-3-1967)Kerala.-Same as in Madras,
(w.e.f. 9-6-1959)Madras.-In Order XX, in rule 12, after sub-rule (2),
insert the following sub-rule, namely:-"(3) Where an Appellate Court
directs such an inquiry, it may direct the Court of first instance to make
the inquiry; and in every case the Court of first instance may of its own
accord, and shall whenever moved to do so by the decree-holder,
inquire and pass the final decree."[Vide Dis. No 93 of 1941.]1. Subs, by
Act No. 104 of 1976 for cl. (b) (w.e.f. 1-2-1977).1[12A. Decree for
specific performance of contract for the sale or lease of immovable
propertyWhere a decree for the specific performance of contract for
the sale or lease of immovable property Orders that the purchase
money or other sum be paid by the purchaser or lessee, it shall specify
the period within which the payment shall be made.]1. Ins. by Act No.
104 of 1976 (w.e.f. 1-2-1977).13. Decree in administration suit(1)
Where a suit is for an account of any property and for its due
administration under the decree of the Court, the Court shall, before
passing the final decree, pass a preliminary decree Ordering such
accounts and inquiries to be taken and made, and giving such other
directions as it thinks fit.(2) In the administration by the Court of the
property of any deceased person, if such property proves to be
insufficient for the payment in full of his debts and liabilities, the same
rules shall be observed as to the respective rights of secured and
unsecured creditors and as to debts and liabilities provable, and as to
the valuation of annuities and future and contingent liabilities
respectively, as may be in force for the time being, within the local
limits of the Court in which the administration suit, is pending with
respect to the estates of persons adjudged or declared insolvent, and
all persons who in any such case would be entitled to be paid out of
such property, may come in under the preliminary decree, and make
such claims against the same as they may respectively be entitled to by
virtue of this Code.14. Decree in pre-emption suit(1) Where the Court
decrees a claim to preemption in respect of a particular sale of property
and the purchase-money has not been paid into Court, the decree
shall?(a) specify a day on or before which the purchase-money shall be
so paid, and(b) direct that on payment into Court of such purchase-
money, together with the costs (if any) decrees against the plaintiff, on
or before the day referred to in clause (a), the defendant shall deliver
possession of the property to the plaintiff, whose title thereto shall be
deemed to have accused from the date of such payment, but that, if
the purchase-money and the costs (if any) are not so paid, the suit shall
be dismissed with costs.(2) Where the Court has adjudicated upon rival
claims to pre-emption, the decree shall direct,?(a) if and in so far as the
claims decreed are equal in degree, that the claim of each pre-emptor
complying with the provisions of sub-rule (1) shall take effect in respect
of a proportionate share of the property including any proportionate
share in respect of which the claim of any pre-emptor failing to comply
with the said provisions would but for such default, have taken effect;
and(b) if and in so far as the claims decreed are different in degree, that
the claim of the inferior pre-emption shall not take effect unless and
until the superior pre-emptor has failed to comply with the said
provisions.HIGH COURT AMENDMENTSBombay.-In Order XX, in rule 14,
in sub-rule (1)7 after clause (b), insert the following proviso, namely:-
"Provided that if there are crops standing on the property, possession
of the property shall not be delivered to the plaintiff until such crops
have been reaped. The plaintiff shall however, be entitled to simple
interest not exceeding 6 per cent, per annum at the discretion of the
Court on the amount deposited by him in Court in respect of the period
between the date of payment into Court by him of the purchase money
and the costs (if any) and the date on which delivery of possession to
him by the defendant take place." (w.e.f. 1-10-1983)Karnataka.-In Order
XX, in rule 14, in sub-rule (2), after clause (b), insert the following
proviso, namely:-"Provided that if there are crops standing on the
property the Court may postpone the delivery of property to the
plaintiff till after the crops have been reaped and direct that the
plaintiff be paid by the defendant simple interest at such rate as may be
fixed not exceeding 6 per cent, per annum on the amount deposited by
the plaintiff in Court in respect of the period between the date of
deposit into Court of the purchase money and costs, if any, and the
date to which delivery of possession has been postponed." (w.e.f. 30-3-
1967)Madhya Pradesh.-Same as in Bombay.15. Decree in suit for
dissolution of partnershipWhere a suit is for the dissolution of
partnership, or the taking of partnership accounts, the Court, before
passing a final decree, may pass a preliminary decree declaring the
proportionate shares of the parties, fixing the day on which the
partnership shall stand dissolved or be deemed to have been dissolved,
and directing such accounts to be taken, and other acts to be done, as it
thinks fit.16. Decree in suit for account between principal and agentIn a
suit for an account of pecuniary transactions between a principal and
an agent, and in any other suit not herein before provided for, where it
is necessary, in Order to ascertain the amount of money due to or from
any party, that an account should be taken, the Court shall, before
passing its final decree, pass preliminary decree directing such accounts
to be taken as it thinks fit.17. Special directions as to accountsThe Court
may either by the decree directing an account to be taken or by any
subsequent Order give special directions with regard to the mode in
which the account is to be taken or vouched and in particular may
direct that in taking the account the books of account in which the
accounts in question have been kept shall be taken as prima facie
evidence of the truth of the matters therein contained with liberty to
the parties interested to take such objection thereto as they may be
advised.18. Decree in suit for partition of property or separate
possession of a share thereinWhere the Court passes a decree for the
partition of property or for the separate possession of a share therein,
then,?(1) if and in so far as the decree relates to an estate assessed to
the payment of revenue to the Government, the decree shall declare
the rights of the several parties interested 'in the property,-but .shall
direct such partition or separation to be made by the Collector, or any
gazetted subordinate of the Collector deputed by him in this behalf, in
accordance with such declaration and with the provisions of section
54;(2) if and in so far as such decree relates to any other immovable
property or to movable property, the Court may, if the partition or
separation cannot be conveniently made without further inquiry, pass a
preliminary decree declaring the right of the several parties interested
in the property and giving such further directions as may be
required.HIGH COURT AMENDMENTKerala.-In Order XX, for rule 18,
substitute the following rule, namely:-"18. When the Court passes a
decree for the partition of property or for the separate possession of a
share therein the Court may, if the partition or separation cannot be
conveniently made without further inquiry pass a preliminary decree
declaring the rights of the several parties interested in the property and
giving such further directions as may be required.19. Decree when set-
off or counter-claims is allowed(1) Where the defendant has been
allowed a set-off 1[or counter-claim] against the claim of the plaintiff,
the decree shall state what amount is due to the plaintiff and what
amount is due to the defendant, and shall be for the recovery of any
sum which appears to be due to either party.(2) Appeal from decree
relating to set-off or counter-claim?Any decree passed in a suit in which
a set-off 1[or counter-claim] is claimed shall be subject to the same
provisions in respect of appeal to which it would have been subject if
not set-off1[or counter-claim] had been claimed.(3) The provisions of
this rule shall apply whether the set-off is admissible under rule 6 of
Order VIII or otherwise.HIGH COURT AMENDMENTAllahabad.-In Order
XX, in rule 19, in sub-rule (1), at the end, for the full-stop, substitute a
comma and insert the following words, namely:-"but no decree shall be
passed against the plaintiff unless the claim to set off was within
limitation on the date on which the written statement was
presented."[Vide Notification No. 1353/35 (a)-3, dated 21st March,
1936.]1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).20. Certified
copies of judgment and decree to be furnishedCertified copies of the
judgment and decree shall be furnished to the parties on application to
the Court, and at their expense.HIGH COURT AMENDMENTSBombay.-In
Order XX, renumber rule 20 as sub-rule (1) of that rule and insert the
following sub-rule, namely:-"(2) Application may be made by the party
himself or by his pleader and may also be sent by post. Whenever such
application is sent by post the same shall be sent by the Registered post
prepaid for acknowledgement. When the application is sent by post, it
shall be deemed to have been made on the date of posting if the
application is made by registered post, but only on the date of its
receipt by the office of the Court in case when it is sent by post other
than registered post." (w.e.f. 1-10-1983}Madhya Pradesh.-In Order XX,
for rule 20, substitute the following rule, namely:-"20. Certified copies
of Judgment and decree shall be furnished to the parties on
application, and at their expense.-Applications for copies may be
presented in person or by an agent or a pleader or sent by post to the
head copyist of the office at the place where the record from which the
copies are applied for, will eventually be deposited for safe custody.
When copies from a record in the temporary custody of a Court at a
station where there is no record room are required, applications may
be presented in person by an agent or a pleader to the Senior Judge at
that station:Provided that the Judge shall neither comply with
applications received by post nor send copies by post." (w.e.f. 13-6-
1952}Allahabad.-In Order XX, after rule 20, insert the following rule,
namely:-"21. (1) Every decree and Order as defined in section 2, other
than a decree or Order of a Court of Small Causes or of a Court in the
exercise of the jurisdiction of a Court of Small Causes, shall be drawn up
in the Court vernacular, or in English, if the Court so Orders. As soon as
such decree or Order has been drawn up, and before it is signed, the
Munsarim shall cause a notice to be posted on the notice board stating
that the decree or Order has been drawn up, and that, any party or the
pleader, of any party may, within six working days from the date of such
notice, peruse the draft decree or Order and may sign it, or may file
with the Munsarim an objection to it on the ground that there is in the
Judgment a verbal error or some accidental defect not affecting a
material part of the case, or that such decree or Order is at variance
with the judgment or contains some clerical or arithmetical error. Such
objection shall state clearly what is the error, defect, or variance
alleged, and shall be signed and dated by the person making it.(2) If any
such objection be filed on or before the date specified in the notice, the
Munsarim shall enter the case in the earliest weekly list practicable and
shall, or the date fixed put up the objection together with the record
before the Judge who pronounced the judgment, or, if such Judge has
 ceased to be the Judge of the Court, before the Judge then presiding.(3)
If no objection has been filed on or before the date specified in the
notice, or if an objection has been filed and disallowed, the Munsarim
shall date the decree as of the day on which the judgment was
pronounced and shall lay it before the Judge for signature in
accordance with the provisions of rules 7 and 8.(4) If an objection has
been duly filed and has been allowed, the correction or alteration
directed by the Judge shall be made. Every such correction or alteration
in the judgment shall be made by the Judge in his own handwriting. A
decree amended in accordance with the correction or alteration
directed by the Judge shall be drawn up, and the Munsarim shall date
the decree as of the day on which the judgment was pronounced and
shall lay it before the Judge for signature in accordance with the
provisions of rules 7 and 8.(5) When the Judge signs the decree he shall
make an autograph note stating the date on which the decree was
signed."[Notification No. 1953/35(a), dated 22nd May, 1915 and
Notification No. 6056/35(a)-4(3), dated 1st November, 1941.]

CPC Order 20A - COSTS 1[1. Provisions relating to certain itemsWithout prejudice to the
generality of the provisions of this Code relating to costs, the Court may
award costs in respect of -(a) expenditure incurred for the giving of any
notice required to be given by law before the institution of the suit;(b)
expenditure incurred on any notice which, though not required to be
given by law, has been given by any party to the suit to any other party
before the institution of the suit;(c) expenditure incurred on the typing,
writing or printing of pleadings filed by any party;(d) charges paid by a
party for inspection of the records of the Court for the purposes of the
suit;(e) expenditure incurred by a party for producing witnesses, even
though not summoned through Court, and(f) in the case of appeals,
charges incurred by a party for obtaining any copies of judgments and
decrees which are required to be filed along with the memorandum of
appeal.2. Costs to be awarded in accordance with the rules made by
High Court-The award of costs under this rule shall be in accordance
with such rules as the High Court may make in that behalf.]1. Order XXA
(containing rules 1 to 2) ins. by Act 104 of 1976, sec. 71 (w.e.f. 1-2-
1977).
CPC Order 21 - Payment under decree1[1. Modes of paying money under decree(1) All
EXECUTION OF money, payable under a decree shall be paid as follows, namely :-(a) by
DECREES AND OrderS deposit into the Court whose duty it is to execute the decree, or sent to
that Court by postal money Order or through a bank; or(b) out of Court,
to the decree-holder by postal money Order or through a bank or by
any other mode wherein payment is evidenced in writing; or(c)
otherwise, as the Court which made the decree, directs.(2) Where any
payment is made under clause (a) or clause (c) of sub rule (1), the
judgment-debtor shall give notice thereof to the decree-holder either
through the Court or directly to him by registered post,
acknowledgement due.(3) Where money is paid by postal money Order
or through a bank under clause (a) or clause (b) of sub-rule (1), the
money Order or payment through bank, as the case may be, shall
accurately state the following particulars, namely : -(a) the number of
the original suit;(b) the names of the parties or where there are more
than two plaintiffs or more than two defendants, as the case may be,
the names of the first two plaintiffs and the first two defendants;(c)
how the money remitted is to be adjusted, that is to say, whether it is
towards the principal, interest or costs;(d) the number of the execution
case of the Court, where such case is pending; and(e) the name and
address of the payer.(4) On any amount paid under clause (a) or clause
(c) of sub-rule (1) interest, if any, shall cease to run from the date of
service of the notice referred to in sub-rule (2).(5) On any amount paid
under clause (b) of sub-rule (1) interest, if any, shall cease to run from
the date of such payment :Provided that, where the decree-holder
refuses to accept the postal Order or payment through a bank, interest
shall cease to run from the date on which the money was tendered to
him, or where he avoids acceptance of the postal money Order or
payment through bank, interest shall cease to run from the date on
which money would have been tendered to him in the ordinary course
of business of the postal authorities or the bank, as the case may
be.]HIGH COURT AMENDMENTOrissa.-In Order XXI, in rule 1, after the
word "decree" wherever it occurs, insert the words "or Order". (w.e.f.
14-5-1984).1. Subs, by Act No. 104 of 1976, sec. 72, for rule 1 (w.e.f. 1-
2-1977).2. Payment out of Court to decree-holder(1) Where any money
payable under a decree of any kind is'paid out of Court 1[or decree of
any kind is otherwise adjusted] in whole or in part to the satisfaction of
the decree-holder, the decree-holder shall certify such payment or
adjustment to the Court whose duty it is to execute the decree, and the
Court shall record the same accordingly.(2) The judgment-debtor 1[or
any person who has become surety for the judgment-debtor] also may
inform the Court of such payment or adjustment, and apply to the
Court to issue a notice to the decree-holder to show cause, on a day to
be fixed by the Court, why such payment or adjustment should not be
recorded as certified; and if, after service of such notice, the decree-
holder fails to show cause why the payment or adjustment should not
be recorded as certified, the Court record the same accordingly.2[(2A)
No payment or adjustment shall be recorded at the instance of the
Hidgment-debtor unless-(a) the payment is made in the manner
provided in rule 1; or(b) the payment or adjustment is proved by
documentary evidence; or(c) the payment or adjustment is admitted
by, or on behalf of, the decree-holder in his reply to the notice given
under sub-rule (2) of rule 1, on before the Court.]3(3) A payment or
adjustment, which has not been certified or recorded as aforesaid, shall
not be recognized by any Court executing the decree.1. Subs, by Act No.
104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977).2. Ins. by Act No.
104 of 1976 (w.e.f. 1-2-1977).3. In the application of the Act, to Punjab,
sub-rule (3) has been repealed by the Punjab Relief of Indebtedness
Act, 1934 (Pun. 7 of 1934), sec. 36STATE AMENDMENTPunjab, Haryana
and Chandigarh.-In Order XXI, in rule (2), omit sub-rule (3).[Vide Punjab
Relief Indebtedness Act, 1934 (Punjab Act VII of 1934, sec. 36 (w.e.f. 19-
4-1935) read with Punjab Act XLIV of 1960, sec. 3 (w.e.f. 30-12-1960);
see also Act 31 of 1966, secs. 29 and 32 (w.e.f. 1-11-1966).]HIGH COURT
AMENDMENTSAndhra Pradesh.-Same as in Madras.Bombay.-In Order
XXI, in rule 2, in sub-rule (2), after the words "inform the Court", insert
the words "by an application in writing supported by an affidavit",
(w.e.f. 1-10-1983)Delhi.-Same as in Punjab.Himachal Pradesh.-Same as
in Punjab.Madras.-In Order XXI, in rule 2, for sub-rule (2), substitute the
following sub-rule, namely:-"(2) Any person to the suit or his legal
representatives or any person who has become surety for the decree-
debt also may inform the Court to such payment or adjustment and
apply to the Court to issue notice to the decree-holder to show cause,
on a day to be fixed by the Court, why such payment or adjustment
should not be recorded as certified; and if, after service of such notice,
the decree-holder fails to show cause why the payment or adjustment
should not be recorded as certified, the Court shall record the same
accordingly."Orissa.-Same as in Patna (i).Patna.-(i) In Order XXI, in rule
2, in sub-rule (2), for the words "and if, after service of such notice",
substitute the words "and where certification has been made by an
endorsement of such payment or adjustment by the decree-holder or
by any person authorised by him in that behalf upon the process issued
by the Court, the Court shall issue such notice of its own motion. If after
service of the notice".(ii) Omit sub-rule (3). (w.e.f. 5-4-1961)Courts
executing decrees3. Lands situate in more than one jurisdictionWhere
immovable property forms one estate or tenure situate within the local
limits of jurisdiction of two or more Court, any one of such Courts may
attach and sell the entire estate or tenure.4. Transfer to Court of Small
CausesWhere a decree has been passed in a suit of which the value as
set forth in the plaint did not exceed two thousand rupees and which,
as regards its subject-matter, is not excepted by the law for the time
being in force from the cognizance of either a Presidency or a Provincial
Court of Small Causes, and the Court which passed it wishes it to be
executed in Calcutta, Madras or Bombay, such Court may send to the
Court of Small Causes in Calcutta, Madras or Bombay, as the case may
be, the copies and certificates mentioned in rule 6; and such Court of
Small Causes shall thereupon execute the decree as if it had been
passed by itself.HIGH COURT AMENDMENTBombay.-In Order XXI,-(i)
renumber rule 4 as sub-rule (1) threof;(ii) in sub-rule (1) as so
renumbered, omit the words "or Bombay" wherever they occur;(iii)
after sub-rule (1) as so renumbered, insert the following sub-rule,
namely:-"(2) A decree in a suit of the nature described in sub-rule (1)
but in which the value as set forth in the plaint did not exceed rupees
ten thousand may be sent for execution to and be executed by the
Presidency Court of Small Causes at Bombay in the manner prescribed
in sub-rule (1)." (w.e.f. 1-10-1983)Gujarat.-Same as in Bombay.1[5.
Mode of transferWhere a decree is to be sent for execution to another
Court, the Court which passed such decree shall send the decree
directly to such other Court whether or not such Court is situated in the
same State, but the Court to which the decree is sent for execution
shall, if it has no jurisdiction to execute the decree, send it to the Court
having such jurisdiction.]1. Subs. by Act No. 104 of 1976, for rule 5
(w.e.f. 1-2-1977).6. Procedure where Court desires that its own decree
shall be executed by another CourtThe Court sending a decree for
execution shall send-(a) a copy of the decree;(b) a certificate setting
forth that satisfaction of the decree has not been obtained by execution
within the jurisdiction of the Court by which it was passed, or, where
the decree has been executed in part, the extent to which satisfaction
has been obtained and what part of the decree remains unsatisfied;
and(c) a copy of any Order for the execution of the decree, or, if no
such Order has been made, a certificate to that effect.HIGH COURT
AMENDMENTSAllahabad.-In Order XXI -(i) renumber rule 6 as sub-rule
(1) thereof;(ii) after sub-rule (1) as so renumbered, insert the following
sub-rule, namely:-"(2) Such copies and certificates may, at the request
of the decree-holder, be handed over to him or to such person as he
appoints, in a sealed cover to be taken to the Court to which they are to
be sent."[Vide Notification No. 4084/35(a)-3(7), dated 24th July, 1926.]
,Madras.-In Order XXI, after rule 6, insert the following rule, namely:-
"6A. A copy of the judgment bearing the formule executoire, sent by a
Court in the Union Territory of Pondicherry, shall be deemed to be a
decree and to comply with the requirements of rule 6:Provided that
notwithstanding anything contained in rule 2, where any question as to
the satisfaction or the discharge in whole or in part, of such a decree
arise, the Court executing the decree shall decide it." (w.e.f. 15-3-
1967)Orissa.-Same as in Patna.Patna.-In Order XXI, in rule 6, in clause
(a), after the word "decree" insert the following words, namely:-"and a
copy of the suit register relating to the suit in which the decree was
passed and a memorandum showing the costs allowed to the decree-
holder subsequent to the passing of the decree".7. Court receiving
copies of decree, etc. to file same without proofThe Court to which a
decree is so sent shall cause such copies and certificates to be filed,
without any further proof of the decree or Order for execution, or of
the copies thereof, unless the Court, for any special reasons to be
recorded under the hand of the Judge, requires such proof.8. Execution
of decree or Order by Court to which it is sentWhere such copies are so
filed, the decree or Order may, if the Court to which it is sent is the
District Court, be executed by such or be transferred for execution to
any subordinate Court of competent jurisdiction.9. Execution by High
Court of decree transferred by other CourtWhere the Court to which
the decree is sent for execution is a High Court, the decree shall be
executed by such Court in the same manner as if it had been passed by
such Court in exercise of its ordinary original civil jurisdiction.HIGH
COURT AMENDMENTKerala.-In Order XXI, omit rule 9. (w.e.f. 9-6-
1959)Application for execution10. Application for executionWhere the
holder of a decree desires to execute it, he shall apply to the Court
which passed the decree or to the officer (if any) appointed in this
behalf, or if the decree has been sent under the provisions hereinbefore
contained to another Court then to such Court or to the proper officer
thereof.HIGH COURT AMENDMENTSDelhi,-Same as in Punjab.Himachal
Pradesh.-Same as in Punjab.Punjab.-In Order XXI, in rule 10, insert the
following proviso, namely:-"Provided that if the judgment-debtor has
left the jurisdiction of the Court which passed the decree, or of the
Court to which the decree has been sent, the holder of the decree may
apply to the Court within whose jurisdiction the judgment-debtor is, or
to the officer appointed in the behalf, to Order immediate execution on
the production of the decree and of an affidavit of non-satisfaction by
the holder of the decree pending the receipt of an Order of transfer
under section 39."[Vide Notification No. 125-Gaz. XI-Y-14, dated 7th
April, 1932.]11. Oral application(1) Where a decree is for the payment
of money the Court may, on the oral application of the decree-holder at
the time of passing of the decree, Order immediate execution thereof
by the arrest of the judgment-debtor, prior to the preparation of a
warrant if he is within the precincts of the Court.(2) Written
application-Save as otherwise provided by sub-rule (1), every
application for the execution of a decree shall be in writing, signed and
verified by the applicant or by some other person proved to the
satisfaction of the Court to be acquainted with the facts of the case,
and shall contain in a tabular form the following particulars, namely-(a)
the number of the suit;(b) the names of the parties;(c) the date of the
decree;(d) whether any appeal has been preferred from the decree;(e)
whether any, and (if any) what, payment or other adjustment of the
matter in controversy has been made between the parties
subsequently to the decree;(f) whether any, and (if any) what, previous
applications have been made for the execution of the decree, the dates
of such applications and their results;(g) the amount with interest (if
any) due upon the decree, or other relief granted thereby, together
with particulars of any cross-decree, whether passed before or after the
date of the decree sought to be executed;(h) the amount of the costs (if
any) awarded;(i) the name of the person against whom execution of the
decree is sought; and(j) the mode in which the assistance of the Court
is required whether-(i) by the delivery of any property specifically
decreed;1[(ii) by the attachment, or by the attachment and sale, or by
the sale without attachment, of any property;](iii) by the arrest and
detention in prison of any person; (iv) by the appointment of a
receiver;(v) otherwise, as the nature of the relief granted may
require.(3) The Court to which an application is made under sub-rule (2)
may require the applicant to produce a certified copy of the decree.1.
Subs, by Act No. 104 of 1976 for sub-clause (ii) (w.e.f. 1-2-1977).HIGH
COURT AMENDMENTSAllahabad.-In Order XXI, in rule 11, in sub-rule
(2),-(i) for clause (f), substitute the following clause, namely:-"(f) the
date of the last application, if any;"(ii) insert the following proviso,
namely:-"Provided that when the applicant files with his application a
certified copy of the decree, the particulars specified in clauses (b), (c)
and (h), need not be given in the application."[Vide Notification No.
4048/35(a)-3(7), dated 24th July, 1926.](iii) In Order XXI, in rule 11,
after sub-rule (3), insert the following sub-rule, namely:-"(4) Where a
decree for money is sought to be executed under sub-rule (2) by the
arrest and detention in prison of the judgment-debtor, the application
shall also state on which of the grounds mentioned in the proviso to
section 51, detention is claimed."[Vide Notification No. 92/X-14, dated
19th May, 1956.]Andhra Pradesh.-Same as in Madras. Karnataka.-In
Order XXI, in rule 11, in sub-rule (2),-(i) after clause (f), insert clause (ff)
as in Madras with the omission of the word "original" before "decree-
holder";(ii) in clause (j), after sub-clause (v), insert para as in Madras (b)
(w.e.f. 30-3-1967).Kerala.-In Order XXI, in rule 11, in sub-rule (2}, after
clause (f),-(i) insert the following clause, namely:-"(ff) whether the
original decree-holder has transferred any part of his interest in the
decree, and if so, the date of the transfer and the name and address of
the parties to the transfer;"(ii) for clause (j), substitute the following
clause, namely:-?(j) the mode in which me assistance of the Court is
required, whether- (i) by the delivery of any property, specifically
decreed; (ii) by the attachment and sale, or by the sale without
attachment, of any property;(iii) by the arrest and detention in prison of
any person;(iv) by the appointment of a receiver;(v) otherwise, as the
nature of the relief granted may require.In an execution petition
praying for relief by way of attachment of a decree of the nature
specified in sub-rule (1) of rule 53 of this Order, there shall not be
included any other relief mentioned in this clause." (w.e.f. 9-6-
1959).Madhya Pradesh.-In Order XXI, in rule 11, in sub-rule (2), insert
the following proviso, namely:-"Provided that when the applicant files
with his application a certified copy of the decree the particulars
specified in clauses (b), (c), and (h) need to be given in the
application."[Vide Notification No. 3409, dated 26th, June,
1943.]Madras.-In Order XXI, in rule 11, in sub-rule (2),-(a) after clause
(f), insert the following clause, namely:-"(ff) whether the original
decree-holder has transferred any part of his interest in the decree and
if so, the date of the transfer and the name and address of the parties
to the transfer;"[Vide P Dis. No. 776 of 1929.](b) in clause (j), after sub-
clause (v), insert the following para, namely:-"In an execution petition
praying the relief by way of attachment of a decree of the nature
specified in sub-rule (1) of rule 53 of this Order, there shall not be
included any other relief mentioned in this clause."[Vide G.O. Ms. No.
2084-Home, dated 2nd September, 1936, H.C.P. Dis. No. 691, dated
13th October, 1936.](c) insert the following proviso, namely:-"Provided
that when the applicant files with his application a certified copy of the
decree, the particulars specified in clauses (b), (c) and (h) need not be
given in the application."Patna.-In Order XXI, in rule 11,-(a) after sub-
rule (1), insert the following sub-rule, namely:-"(1A) Where an Order
has been made under section 39 for the transfer of a decree for the
payment of money for execution to a Court within the local limits of the
jurisdiction of which the judgment-debtor resides, such Court may on
the production by the decree-holder of a certified copy of the decree
and an affidavit of non satisfaction forthwith Order immediate
execution of the decree by the arrest of the judgment-debtor."(b) in
sub-rule (2), for the words and figure "sub-rule (1)", substitute the
words and figures "sub-rules (1) and (1A)".(c) in sub-rule (2), omit
clauses (b), (c), (d), (f) and (h). (w.e.f. 5-4-1961)1[11A. Application for
arrest to state groundsWhere an application is made for the arrest and
detention in prison of the judgment-debtor, it shall state, or be
accompanied by an affidavit stating, the grounds on which arrest is
applied for.]1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).12.
Application for attachment of movable property not in judgment-
debtor's possessionWhere an application is made for the attachment of
any movable property belonging to a judgment-debtor in his
possession, the decree-holder shall annex to the application an
inventory of the property to be attached, containing a reasonably
accurate description of the same.13. Application for attachment of
immovable property to contain certain particularsWhere an application
is made for the attachment of any immovable property belonging to a
judgment-debtor, it shall contain at the foot-(a) a description of such
property sufficient to identify the same and, in case such property can
be identified by boundaries or numbers in a record of settlement or
survey, a specification of such boundaries or numbers; and(b) a
specification of the judgment-debtor's share or interest in such
property to the best of the belief of the applicant, and so far as he has
been able to ascertain the same.14. Power to require certified extract
from Collector's register in certain casesWhere an application is made
for the attachment of any land which is registered in the office of the
Collector, the Court may require the applicant to produce a certified
extract from the register of such office, specifying the persons
registered as proprietors of, or as possessing any transferable interest
in, the land or its revenue, or as liable to pay revenue for the land, and
the shares of the registered proprietors.HIGH COURT
AMENDMENTKerala.-In Order XXI, in rule 14, in the marginal note for
the words "Collector's register in certain cases", substitute the words
"registers of revenue accounts". In the body of the rule for the words
"in the office of the Collector", substitute the words "in the revenue
accounts". (w.e.f. 9-6-1959)15. Application for execution by joint
decree-holders(1) Where a decree has been passed jointly in favour of
more persons than one, any one or more such persons may, unless the
decree imposes any condition to the contrary, apply for the execution
of the whole decree for the benefit of them all, or, where of them has
died, for the benefit of the survivors and the legal representatives of
the deceased.(2) Where the Court sees sufficient cause for allowing the
decree to be executed on an application made under this rule, it shall
make such Order as it deems necessary for protecting the interest of
the persons who have not joined in the application.16. Application for
execution by transferee of decreeWhere a decree or, if a decree has
been passed jointly in favour of two or more persons, the interest of
any decree-holder in the decree is transferred by assignment in writing
or by operation of law, the transferee may apply for execution of the
decree to the Court which passed if, and the decree may be executed in
the same manner and subject to the same conditions as if the
application were made by such decree-holder :Provided also that,
where the decree, or such interest as aforesaid, has been transferred by
assignment, notice of such application shall be given to the transferor
and the judgment-debtor, and the decree shall not be executed until
the Court has heard their objections (if any) to its execution :Provided
also that, where a decree for the payment of money against two or
more persons has been transferred to one of them, it shall not be
executed against the others.1[Explanation.-Nothing in this rule shall
affect the provisions of section 146, and a transferee of rights in the
property, which is the subject matter of the suit, may apply for
execution of the decree without a separate assignment of the decree as
required by this rule.]HIGH COURT AMENDMENTSBombay.-In Order
XXI, in rule 16,-(i) in para 1, after the words "to the Court which passed
it", insert the words "or to the Court which it has been sent for
execution".(ii) after the first proviso, insert the following proviso,
namely:-"Provided further that where the transferee Court holds the
assignment proved, it shall forthwith communicate its decision in that
behalf to the Court which passed the decree, and the latter Court shall
make an entry in the Register of Suits indicating that the assignment
has been held to be proved."(iii) renumber Explanation as Explanation
II;(iv) before Explanation JI as so renumbered, insert the following
Explanation namely:-"Explanation 1.-In an application under this rule,
any payment of money made under a decree or any adjustment in
whole or in part of the decree arrived at to the satisfaction of the
decree-holder, which payment or adjustment has not been certified or
recorded by the Court under rule 2 of this Order, shall not be
recognised by the Court entertaining the application." (w.e.f. 1-10-
1983)Calcutta.-In Order XXI, in rule 16, in the first proviso for the words
"and the decree shall not be executed until the Court has heard their
objections (if any) to its execution", substitute the following words,
namely:-"and until the Court has heard their objections (if any) the
decree shall not be executed provided that if, with the application for
execution, an affidavit by the transferor admitting the transfer or an
instrument of transfer duly registered be filed, the Court may proceed
with the execution of the decree pending the hearing of such
objections".[Vide Notification No. 3516-G, dated 3rd February,
1993.]Gauhati.-Same as in Calcutta.Gujarat.-In Order XXI, in rule 16,
same as in Bombay (iii) and (iv).Madhya Pradesh.-In Order XXI, in rule
16, after the words "to the Court which passed it", insert the words" or
to any Court for which it has been sent for execution", (w.e.f. 16-9-
1960}Orissa.-Same as in Patna.Patna.-In Order XXI, in rule 16, for the
first proviso, substitute the following proviso, namely:-"Provided that
where the decree, or such interest as aforesaid, has been transferred by
assignment, notice of such application shall be given to the transferor
unless an affidavit of the transferor admitting the transferor is filed with
the application and the decree shall not be executed until the Court has
heard his objection (if any) to its execution."1. Ins. by Act No. 104 of
1976, (w.e.f. 1-2-1977).17. Procedure on receiving application for
execution of decree(1) On receiving an application for the execution of
a decree as provided by rule 11, sub-rule (2), the Court shall ascertain
whether such of the requirement's of rules 11 to 14 as may be
applicable to the case have been complied with; and if, they have not
been complied with, 1[the Court shall allow] the defect to be remedied
then and there or within a time to be fixed by it.2[(1A) If the defect is
not so remedied, the Court shall reject the application:Provided that
where, in the Court, there is some inaccuracy as to the amount referred
to in clauses (g) and (h) of sub-rule (2) of rule 11, the Court, instead of
rejecting the application, decide provisonally (without prejudice to the
right of the parties to have the amount finally decided in the course of
the proceedings) the amount and make an Order for the execution of
the decree for the amount so provisionally decided.](2) Where an
application is amended under the provisions of sub-rule (1), it shall be
deemed to have been an application in accordance with law and
presented on the date when it was first presented.(3) Every
amendment made under this rule shall be signed or initialled by the
Judge.(4) When the application is admitted, the Court shall enter in the
proper register a note of the application and the date on which it was
made, and shall, subject to the provisions hereinafter contained, Order
execution of the decree according to the nature of the
application:Provided that, in the case of a decree for the payment of
money, the value of the property attached shall, as nearly as may be,
correspond with the amount due under the decree.HIGH COURT
AMENDMENTSAndhra Pradesh.-Same as in Madras.Karnataka.-Same as
in Madras, with omission of the words "or Order" in both places where
they occur.Kerala.-Same as in Madras.[Vide Notification No. Bl-3312/58,
dated 7th April, 1959.]Madras.-In Order XXI, after rule 17, insert the
following rule, namely:-"17A. Where an application is made to a Court
for the execution of a decree or Order passed against a defendant in
respect of whom service of summons has been dispensed with under
rule 31 or Order V, the Court shall ordinarily direct stay of the execution
of the decree or Order against such defendant till the expiry of a period
of one year after cessation of hostilities with the State in whose
territory such defendant was resident:Provided that the Court may, if it
considers that the interests of justice so require, Order execution on
such terms as to security, or, otherwise as it thinks fit."[Vide ROC No.
2108, dated 29th March, 1945.]1. Subs, by Act No. 104 of 1976 for
certain words (w.e.f. 1-2-1977).2. Ins. by Act No. 104 of 1976, (w.e.f. 1-
2-1977).18. Execution in case of cross-decrees(1) Where applications
are made to a Court for the execution of cross-decrees in separate suits
for the payment of two sums of money passed between the same
parties and capable of execution at the same time by such Court, then-
(a) if the two sums are equal, satisfaction shall be entered upon both
decrees; and(b) if the two sums are unequal execution may be taken
out only by the holder of the decree for the larger sum and for so much
only as remains after deducting the smaller sum, and satisfaction for
the smaller sum shall be entered on the decree for the larger sum as
well as satisfaction on the decree for the smaller sum.(2) This rule shall
be deemed to apply where either party is an assignee of one of the
decrees and as well in respect of judgment-debts due by the original
assignor as in respect of judgment-debts due by the assignee
himself.(3) This rule shall not be deemed to apply unless-(a) the decree
holder in one of the suits which the decrees have been made is the
judgment-debtor in the other and each party files the same character in
both suits; and(b) the sums due under the decrees are definite.(4) The
holder of a decree passed against several persons jointly and severally
may treat is as a cross-decree in relation to a decree against him singly
in favour of one or more of such persons.Illustrations(a) A holds a
decree against B for Rs. 1,000. B holds a decree against A for the
payment of Rs. 1,000 in case A fails to deliver certain goods at a future
day. B cannot treat his decree as a cross-decree under this rule.(b) A
and B, co-plaintiffs, obtain a decree for Rs. 1,000 against C, and C obtain
a decree for Rs. 1,000 against B. C cannot treat his decree as a cross-
decree under this rule.(c) A obtains a decree against B for Rs. 1,000. C,
who is a trustee for B, obtains a decree on behalf of B against A for Rs.
1,000. B cannot treat C's decree as a cross-decree under this rule.(d) A,
B, C, D and E are jointly and severely liable for Rs. 1,000 under a decree
obtained by F. A obtains a decree for Rs. 1,000 against F singly and
applies for execution to the Court in which the joint-decree is being
executed. F may treat his joint-decree as cross-decree under this
rule.HIGH COURT AMENDMENTMadhya Pradesh.-In Order XXI, for rule
18, substitute the following rule, namely:-"18. (1) Where decree-
holders apply to a Court for execution of cross-decrees in separate suits
between the same parties for the payment of two sums of money
passed and capable of execution at the same time by such Court, then-
(a) if the two sums are equal, satisfaction shall be entered upon both
decrees;(b) if the two sums are unequal, execution may be taken out
only by the holder of the decree for the larger sum and for so much
only as remains after deducting the smaller sum, and satisfaction for
the smaller sum shall be entered on the decree for the larger sum as
well as satisfaction on the decree for the smaller sum:Provided that-(i)
each party fills the same character in both suits, and(ii) the sums due
under the decree are definite.(2) This rule shall be deemed to apply
when either applicant is an assignee of one of the decrees as well in
respect of judgment-debts due by the original assignor as in respect of
judgment-debts due by the assignee himself: Provided that-(i) where
the decrees were passed between the same parties, each party fills the
same character in each suit;(ii) where the decrees were not passed
between the same parties, the decree-holder in one of the suits is the
judgment-debtor in the other suit and fills the same character in both
suits; and(iii) the sums due under the decrees are definite.(3) The
holder of a decree passed against several persons jointly and severally
may treat it as a cross-decree in relation to a decree passed against him
singly in favour of one or more of such persons." (w.e.f. 16-9-1960)19.
Execution in case of cross-claims under same decreeWhere application
is made to a Court for the execution of a decree under which two
parties are entitled to recover sums of money from each other, then-(a)
if the two sums are equal, satisfaction for both shall be entered upon
the decree; and(b) if the two sums are unequal, execution may be taken
out only by the party entitled to the larger sum and for so much only as
remains after deducting the smaller sum, and satisfaction for the
smaller sum shall be entered upon the decree.20. Cross-de
CPC Order 21A - Payment under decree33. Discretion of Court in executing decrees for
EXECUTION OF restitution of conjugal rights(1) Notwithstanding anything in rule 32,
DECREES AND OrderS the Court, either at the time of passing a decree 1[against a husband]
for the restitution of conjugal rights or at any time afterwards, may
Order that the decree 2[shall be executed in the manner provided in
this rule.](2) Where the Court has made an Order under sub-rule (1) 3[*
* *] it may Order that, in the event of the decree not being obeyed
within such period as may be fixed in this behalf, the judgment-debtor
shall make to the decree-holder such periodical payments as may be
just, and, if it thinks fit, require that the judgment-debtor shall, to its
satisfaction, secure to the decree-holder such periodical payments.(3)
The Court may from time to time vary or modify any Order made under
sub-rule (2) for the periodical payment of money, either by altering the
times of payment or by increasing or diminishing the amount, or may
temporarily suspend the same as to the whole or any part of the money
so Ordered to be paid, and again review the same, either wholly or in
part as it may think just.(4) Any money Ordered to be paid under this
rule may be recovered as though it were payble under a decree for the
payment of money.1. Ins. by Act 29 of 1923, sec. 32. Subs. by Act 29 of
1923, sec. 3, for "shall not be executed by detention prison."3. The
words "and the decree-holder is the wire" omitted by Act 29 of 1923,
sec. 3.34. Decree for execution of document, or endoresment of
negotiable instrument(1) Where a decree is for the execution of a
document or for the endorsement for a negotiable instrument and the
judgment-debtor neglects or refuses to obey the decree, the decree-
holder may prepare a draft of the document or endorsement in
accordance with the terms of the decree and deliver the same to the
Court.(2) The Court shall thereupon cause the draft to be served on the
judgment-debtor together with a notice requiring his objections (if any)
to be made within such time as the Court fixes in this behalf.(3) Where
the judgment-debtor objects to the draft,'his objections shall be stated
in writing within such time, and the court shall make such Order
approving or altering the draft, as it thinks fit.(4) The decree-holder
shall deliver to the Court a copy of the draft with such alterations (if
any) as the Court may have directed upon the proper stamp-paper if a
stamp is required by the law for the time being in force; and the Judge
or such officer as may be appointed in this behalf shall execute the
document so delivered.(5) The execution of a document or the
endorsement of a negotiable instrument under this rule may be in the
following form, namely :-"CD., Judge of the Court of(or as the case may
be), for A.B. in suit by E.F. against A.B.", and shall have the same effect
as the execution of the document or the endorsement of the
negotiable instrument by the party Ordered to execute or endorse the
same.1[(6) (a) Where the registration of the document is required
under any law for the time being in force, the Court, or such officer of
the court as may be authorised in this behalf by the Court, shall cause
the document to be registered in accordance with such law.(b) Where
the registration of the doucment is not so required, but the decree-
holder desires it to be registered, the Court may make such Order as it
thinks fit.(c) Where the Court makes any Order for the registration of
any document, it may make such Order as it thinks fit as to the
expenses of registration.]1. Subs, by Act No. 104 of 1976 for sub-rule (6)
(w.e.f. 1-2- 1977).35. Decree for immovable property(1) Where a decree
is for the delivery of any immovable property, possession thereof shall
be delivered to the party to whom it has been adjudged, or to such
person as he may appoint to receive delivery on his behalf, and, if
necessary, by removing any person bound by the decree who refuses to
vacate the property.(2) Where a decree is for the joint possession of
immovable property, such possession shall be delivered by affixing a
copy of the warrant in some conspicuous place on the property and
proclaiming the beat of drum, or other customary mode, at some
convenient place, the substance of the decree.(3) Where possession of
any building on enclosure is to be delivered and the person in
possession, being bound by the decree, does not afford free access, the
Court, through its officers, may, after giving reasonable warning and
facility to any woman not appearing in public according to the customs
of the country to withdraw, remove or open any lock or bolt or break
open any door or do any other act necessary for putting the decree-
holder in possession.HIGH COURT AMENDMENTMadras.-In Order XXI,
in rule 35, after sub-rule (3), insert the following as sub-rule, namely:-
"(4) Where delivery of possession of a house is to be given and it is
found to be locked, Orders of Court shall be taken for breaking open
the lock for delivery of possession of the same to the decree-holder.If it
is found at the time of delivery that there are movables in the home to
which the decree-holder has no claim and the judgment-debtor is
absent, or if present, does not immediately remove the same, the
officer entrusted with the warrant for delivery shall make an inventory
of the articles so found with their probable value, in the presence of
respectable persons on the spot, have the same attested by them and
leave the movables in the custody of the decree-holder after taking a
bond from him for keeping the articles in safe-custody pending Orders
of Court for disposal of the same.The officer shall then make a report to
the Court and forward therewith the attested inventory taken by
him.The Court shall, thereupon, issue a notice to the judgment-debtor
requiring him to take delivery of the said movable within thirty days
from the date of the notice and in default they will be sold in public
auction at his risk and the proceeds applied for meeting all legitimate
expenses of custody and sale and the balance, if any, will be refunded
to the Judgment-debtor:Provided that if movable articles referred to
above are perishable, the officer shall sell them in public auction
immediately, and bring the proceeds into Court. The notice to the
Judgment-debtor shall in such a case call upon him to receive the
amount from Court within three months." (w.e.f. 17-8-1966)36. Decree
for delivery of immovable property when in occupancy of tenantWhere
a decree is for the delivery of any immovable property in the occupancy
of a tenant or other person entitled to occupy the same and not bound
by the decree to relinquish such occupancy, the Court shall Order
delivery to be made by affixing a copy of the warrant in some
conspicuous place on the property, and proclaiming to the occupant by
beat of drum or other customary mode, at some convenient place, the
substance of the decree in regard to the property. Arrest and detention
in the civil prisonArrest and detention in the civil prion37. Discretionary
power to permit judgment debtor to show cause against detention in
prison(1) Notwithstanding anything in these rules, where an application
is for the execution of a decree for the payment of money by the arrest
and detention in the civil prison of a judgment-debtor who is liable to
be arrested in pursuance of the application, the Court shall, instead of
issuing a warrant for his arrest, issue a notice calling upon him to
appear before the Court on a day to be specified in the notice and show
cause why he should not be committed to the civil prison:1[Provided
that such notice shall not be necessary if the Court is satisfied, by
affidavit, or otherwise, that, with the object or effect of delaying the
execution of the decree, the judgment-debtor is likely to abscond or
leave the local limits of the jurisdiction of the Court.](2) Where
appearance is not made in obedience to the notice, the Court shall, if
the decree-holder so requires, issue a warrant for the arrest of the
judgment-debtor.HIGH COURT AMENDMENTSAllahabad.-In Order XXI,
in rule 37, in sub-rule (1), for the word "shall", substitute the word
"may" and omit the proviso.[Vide Notification No. 43/IIM-29, dated 1st
June, 1957.]Patna.-In Order XXI, in rule 37, in sub-rule (1), for the word
"shall", substitute the word "may", (w.e.f. 5-4-1961)1. Ins. by Act 21 of
1936, sec. 3.38. Warrant for arrest to direct judgment-debtor to be
brought upEvery warrant for the arrest of a judgment-debtor shall
direct the officer entrusted with its execution to bring him before the
Court with all convenient speed, unless the amount which he has been
Ordered to pay, together with the interest thereon and the costs (if any)
to which he is liable, be sooner paid.HIGH COURT
AMENDMENTSAndhra Pradesh.-Same as in Madras.Karnataka.-In Order
XXI, in rule 38, at the end, insert the words "or unless satisfaction of the
decree be endorsed by the decree-holder on the warrant in the manner
provided in sub-rule (3) of rule 25 of this Order", (w.e.f. 30-3-
1967)Kerala.-Same as in Madras.[Vide Notification No. Bl-3312/58,
dated, 7th April, 1959.]Madras.-In Order XXI, in rule 38, at the end,
insert the words "or unless satisfaction of the decree be endorsed by
the decree-holder on the warrant in the manner provided in rule 25(2)
above". (w.e.f. 30-3-1967)39. Subsistence allowance(1) No judgment-
debtor shall be arrested in execution of a decree unless and until the
decree-holder into pays Court such sum as the Judge thinks sufficient
for the subsistence of the judgment-debtor from the time of his arrest
until he can be brought before the Court.(2) Where a judgment-debtor
is committed to the civil prison in execution of a decree, the Court shall
fix for his subsistence such monthly allowance as he may be entitled to
according to the scales fixed under section 57, or, where no such scales
have been fixed, as it considers sufficient with reference to the class to
which he belongs.(3) The monthly allowance fixed by the Court shall be
supplied by the party on whose application the judgment-debtor has
been arrested by monthly payments in advance before the first day of
each month.(4) The first payment shall be made to the proper officer of
the Court for such portion of the current month as remains unexpired
before the judgment-debtor is committed to the civil prison, and the
subsequent payments (if any) shall be made to the officer in charge of
the civil prison.(5) Sums disbursed by the decree-holder for the
subsistence of the judgment-debtor in the civil prison shall be deemed
to be costs in the suit:Provided that the judgment-debtor shall not be
detained in the civil prison or arrested on account of any sum so
disbursed.HIGH COURT AMENDMENTSAllahabad.-In Order XXI, in rule
39, in sub-rule (5), omit the words "in the civil prison".[Vide Notification
No. 4084/35{a)-3(7)/ dated 24th July, 1926.]Andhra Pradesh.-Same as
in Madras.Bombay.-(i) In Order XXI, in rule 39, in sub-rule (1), at the
end, insert the words "and for the cost of conveyance of the judgment-
debtor from the place of his arrest to the Court-house".(ii) for sub-rules
(4) and (5), substitute the following sub-rules, namely:- *"(4) Such sum
(if any) as the Judge thinks sufficient for the subsistence and costs of
conveyance of the judgment-debtor for his journey from the Court-
house to the civil prison and from the civil prison on his release, to his
usual place of residence, together with the first of the payments in
advance under sub-rule (3) for such portion of the current month as
remain! unexpired, shall be paid to the proper officer of the Court
before the judgment-debtor is committed to the civil prison, and the
subsequent payments {if any) shall be paid to the officer in charge of
the civil prison.(5) Sums disbursed under this rule by the decree-holder
for the substance and costs of conveyance (if any) of the judgment-
debtor shall be deemed to be costs in the suit:Provided that the
judgment-debtor shall not be detained in the civil prison or arrested on
account of any sum so disbursed."Calcutta.-In Order XXI, in rule 39, in
sub-rule (5), omit the words "in the civil prison".[Vide Notification No.
3516-G, dated 3rd February, 1933.]Delhi.-Same as in Punjab.Gauhati.-
Same as in Calcutta.Gujarat.-Same as in Bombay.Himachal Pradesh.-
Same as in Punjab.Karnataka.-In Order XXI, in rule 39, for sub-rules (4)
and (5), substitute sub-rules (4) and (5) as in Bombay (ii). (w.e.f. 30-3-
1967)Kerala.-In Order XXI, in rule 39, substitute sub-rules (4) and (5) as
in Bombay (ii) without the proviso.Madhya Pradesh.-Same as in
Bombay (i) and (ii) without the proviso, (w.e.f. 16-9-1960)Madras.-(i) In
Order XXI, in rule 39, in sub-rule (1), at the end, insert the words "and
for payment of the charges for conveyance of the judgment-debtor by
bus, train or otherwise whichever is available from the place of arrest
to the Court-house".(ii) for sub-rules (4) and (5), substitute sub-rules (4)
and (5) as in Bombay (ii) without the proviso.Orissa.-Same as in
Patna.Patna.-In Order XXI, in rule 39, in sub-rule (5), omit the words "in
the civil prison" in the first place where they occur.Punjab.-In Order XXI,
in rule 39, in sub-rule (5), omit the words "in the civil prison".[Vide
Notification No. 125-Gaz-XI-Y-14, dated 17th April, 1932.]1[40.
Proceedings on appearance of judgement-debtor in obedience to
notice or after arrest(1) When a judgment-debtor appears before the
Court in obedience to a notice issued under rule 37, or is brought
before the Court after being arrested in execution of a decree for the
payment of money, the Court shall proceed to hear the decree-holder
and take all such evidence as may be produced by him in support of his
application for execution and shall then give the judgment-debtor an
opportunity of showing cause why he should not be committed to the
civil prison. i (2) Pending the conclusion of the inquiry under sub-rule
(1) the Court may, in its discretion, Order the judgment-debtor to be
detained in the custody of an officer of the Court or, release him on his
furnishing security to the satisfaction of the Court for his appearance
when required.(3) Upon the conclusion of the inquiry under sub-rule
(1) the Court may, subject to the provisions of section 51 and to the
other provisions of the Code, make an Order for the detention of the
judgment-debtor in the civil prison and shall in that event cause him to
be arrested if he is not already under arrest:Provided that in Order to
give the judgment-debtor an opportunity of satisfying the decree, the
Court may, before making the Order of detention, leave the judgment-
debtor in the custody of an officer of the Court for a specified period
not exceeding fifteen days or release him on his furnishing security to
the satisfaction of the Court for his appearance at the expiration of the
specified period if the decree be not sooner satisfied.(4) A judgment-
debtor released under this rule may be re-arrested.(5) When the Court
does not make an Order of detention under sub-rule (3), it shall
disallow the application and, if the judgment-debtor is under arrest,
direct his release.1. Subs. by Act 21 of 1936, sec. 4, for rule 40.HIGH
COURT AMENDMENTSBombay.-In Order XXI, in rule 40, after sub-rule
(5), insert the following sub-rules, namely:-"(6) When a judgment-
debtor is Ordered to be detained in the custody of an officer of the
Court under sub-rule (2) or the proviso to sub-rule (3) above, the Court
may direct the decree-holder to deposit such amount as having regard
to the specified or probable length of detention, will provide-(a) for the
subsistence of the judgment-debtor at the rate to which he is entitled
under the scales fixed under section 57, and(b) for the payment to the
officer of the Court in whose custody the judgment-debtor is placed of
such fees""(including lodging charges) in respect thereof as the Court
may by Order fix:Provided (i) that the subsistence allowance and the
fees payable to the officer of the Court shall not be recovered for more
than one month at a time, and (ii) that the Court may from time to time
require the decree-holder to deposit such further sums as it deems
necessary.(7) If a decree-holder fails to deposit any sum as required
under sub-rule(6) above, the Court may disallow the application and
direct the release of the judgment-debtor.(8) Sums disbursed by the
decree-holder under sub-rule (6) shall be deemed to be costs in the
suit:Provided that the judgment-debtor shall not be detained in the civil
prison or arrested on account of any sum so disbursed." (w.e.f. 1-10-
1983)Gujarat.-In Order XXI, in rule 40, after sub-rule (5), insert sub-rules
(6) and (7) as in Bombay.Karnataka.-In Order XXI, in rule 40, after sub-
rule (5), insert sub-rules (6) and (7) as in Madras with the following
modifications:-(i) in sub-rule (6), after rule 37, omit the words and
figures "or 38";(ii) in sub-rule (6), for the words "Subordinate Judge or
District Munsif" subsitute the words "Judge";(iii) in sub-rule (6), omit
the words "and the Judge signing the warrant of commital in the above
cases shall also have the same powers as the Judge who issued the
warrant in respect of passing such Orders as may be appropriate under
sub-rule (1), (3) and (5) of this rule".Kerala.-In Order XXI, in rule 40,-(i)
for sub-rule (2), substitute the following sub-rule, namely:-"(2) Pending
the conclusion of the inquiry under sub-rule (1), the Court shall release
the judgment-debtor on his furnishing security to the satisfaction of the
Court for his appearance when required and if the judgment-debtor
fails to furnish the security Ordered, the Court may Order the
judgment-debtor to be detained in the custody of an officer of the
Court on the decree-holder depositing in Court the necessary amounts
payable to the judgment-debtor and the officer of the Court in
connection with such detention." (w.e.f 16-1-1990)(ii) substitute the
sub-rules (6) and (7) as in Madras but in sub-rule (6) for the words
"District Munsif", substitute the word "Munsif". (w.e.f 16-9-
1960)Madhya Pradesh.-In Order XXI, in rule 40, insert sub-rules (6), (7)
and (8) as in Bombay. (16-9-1960)Madras.-In Order XXI, in rule 40,
insert the following sub-rule, namely:-"(6) During the temporary
absence of the Judge who issued the warrant under rule 37 or 38, the
warrant of committal may be signed by any other Judge of the same
Court or by any Judicial Officer superior in rank who has jurisdiction
over the same locality 'or' where the arrest is made on a warrant issued
by the District Judge, the warrant of committal may be signed by any
Subordinate Judge or District Munsif empowered in writing by the
District Judge in this behalf and the Judge signing the warrant of
committal in the above cases shall also have the same powers as the
Judge who issued the warrant in respect of passing such Orders as may
be appropriate under sub-rules (1), (3) and (5) of this rule.(7) No
judgment-debtor shall be committed to the civil prison or brought
before the Court from the custody to which he has been committed
pending the consideration of any of the matters mentioned in sub-rule
(1) unless and until the decree-holder pays into Court such sum as the
Judge may think sufficient to meet the travelling and subsistence
expenses of the judgment-debtor and the escort. sub-rule (5) of rule 39
shall apply to such payments." (w.e.f. 5-9-1968)Attachment of
property41. Examination of judgment-debtor as to his property1[(1)]
Where a decree is for the payment of money the decree-holder may
apply to the Court for an Order that-(a) The judgment-debtor, or(b)
2[where the judgment-debtor is a corporation], any officer thereof,
or(c) any other person,be orally examined as to whether any or what
debts are owing to the judgment-debtor and whether the judgment-
debtor has any and what other property or means of satisfying the
decree; and the Court may make an Order for the attendance and
examination of such judgment-debtor, or officer or other person, and
for the production of any books or documents.3[(2) Where a decree for
the payment of money has remained unsatisfied for a period of thirty
days, the Court may, on the application of the decree-holder and
without prejudice to its power under sub-rule (1), by Order require the
judgment-debtor or where the judgment-debtor is a corporation, any
officer thereof, to make an affidavit stating the particulars of the assets
of the judgment-debtor.(3) In case of disobedience of any Order made
under sub-rule (2), the Court making the Order, or any Court to which
the proceeding is transferred, may direct that the person disobeying
the Order be detained in the civil prison for a term not exceeding three
months unless before the expiry of such term the Court directs his
release.]1. Rule 41 renumbered as sub-rule (1) of that rule by Act No.
104 of 1976, (w.e.f. 1-2-1977).2. Subs, by Act No. 104 of 1976, for "in
the case of a corporation" (w.e.f. 1-2-1977).3. Ins. by Act No. 104 of
1976 (w.e.f. 1-2-1977).42. Attachment in case of decree for rent or
mesne profits or other matter, amount of which to be subsequently
determined.Where a decree directs an inquiry as to rent or mesne
profits or any other matter, the property of the judgment-debtor may,
before the amount due from him has been ascertained, be attached, as
in the case of an ordinary decree for the payment of money.43.
Attachment of movable property, other than agricultural produce, in
possession of judgment-debtorWhere the property to be attached is
movable property, other than agricultural produce, in the possession of
the j udgment-debtor, the attachment shall be made by actual seizure,
and the attaching officer shall keep the property in his own custody or
in the custody of one of his subordinates, and shall be responsible for
the due custody thereof:Provided that, when the property seized is
subject to speedy and natural decay, or when the expense of keeping it
in custody is likely to exceed its value, the attaching officer may sell it at
once.HIGH COURT AMENDMENTSAndhra Pradesh.- Same as in
Madras.Calcutta.-In Order XXI, for rule 43, substitute the following sub-
rule, namely:-"43. Where the property to be attached is movable
property, other than agricultural produce, in the possession of the
judgment-debtor, the attachment shall be made by actual seizure at the
identification of the decree-holder or his agent, save as otherwise
prescribed, the attaching officer shall keep the property in his own
custody or in the custody of one of his subordinates, and shall be
responsible for the due custody thereof:Provided that when the
property seized does not, in the opinion of the attaching officer, exceed
twenty rupees in value or is subject to speedy and natural decay, or
when the expense of keeping it in custody is likely to exceed its value,
the attaching officer may sell it at once."[Vide Notification No. 25585-G,
dated 3rd November, 1933 and Notification No. 4440-G, dated 29th
May, 1941.]Delhi.-Same as in Punjab.Gauhati.-Same as in
Calcutta.Gujarat.-Same as in Madhya Pradesh. (w.e.f. 17-8-
1961)Himachal Pradesh.-Same as in Punjab.Karnataka.-In Order XXI, in
rule 43, same as in Madras with the following modifications:-(i) in the
second proviso omit the words "agricultural implements"(ii) for clause
(a), substitute the following clause, namely:-"(a) in the charge of the
person at whose instance the property is retained if such person enters
into a bond in the prescribed form with one or more sureties for its
production when called for, or."Kerala.-In Order XXI, for rule 43,
substitute the following rule, namely:-"43. Attachment of moveable
property other than agricultural produce, in possession of judgment-
debtor.-(1) Where the property to be attached is movable property,
other than agricultural produce, in the possession of the judgment-
debtor, the attachment shall be made by actual seizure, and the
attaching officer shall keep the property in his own custody or in the
custody of any of his subordinates and shall be responsible for the due
custody thereof:Provided that, when the property seized is subject to
speedy and natural decay, or when the expense of keeping it in custody
is likely to exceed its value, the attaching officer may sell it at once,
and:Provided also that when the property attached consists of
livestock, agricultural implements or other articles which cannot be
conveniently removed and the attaching officer does not act, under the
first proviso to this rule, he may, at the instance of the judgment-
debtor, or of the decree-holder, or of any person claiming to be
interested in such property, leave it in the village or at the place where
it has been attached.(a) in the charge of the person at whose instance
the property is retained in such village or place, if such person enters
into a bond in Form No. 15A of Appendix E to this Schedule with one or
more sufficient sureties for its production when called for; or '(b) in the
charge of an officer of the Court, if a suitable place for its safe custody
is provided and the remuneration of the officer for a period of 15 days
at such rate as may from time to time be fixed by the High court be paid
in advance.(2) Whenever an attachment made under the provisions of
this rule ceases for any of the reasons specified in rule 55 or rule 57 or
rule 60 of this Order, the Court may Order the restitution of the
attached property to the person in whose possession it was before
attachment.(3) When attached property is kept in the village or place
where it is attached.-Whenever attached property is kept in the village
or place where it is attached, the attaching officer shall forthwith report
the fact to the Court and shall with his report forward a list of the
properties seized.(4) Procedure when attached property is neither sold
nor kept in the village or place where it is attached.-If attached property
is not sold under the first proviso to rule 43 or retained in the village or
place where it is attached under the second proviso to that rule, it shall
be brought to the Court-house and delivered to the proper officer of
the Court.(5) Where attached property kept in the village etc. is
livestock.-Whenever attached property kept in the village or place
where it is attached is livestock, the person at whose instance it is so
retained shall provide for its maintenance, and, if he fails to do so and if
it is in charge of an officer of the Court, it shall be removed to the
Courthouse.Nothing in his rule shall prevent the judgment-debtor or
any person claiming to be interested in such live stock from making
such arrangements, for feeding the same as may not be inconsistent
with its safe custody.(6) Direction for sums expended by attaching
officer.-The Court may direct that any sums which have been expended
by the attaching officer or are payable to him, if not duly deposited or
paid, be recovered from the proceeds of property if sold, or be paid by
the person declared entitled to delivery before he receives the same.
The Court may also Order that any sums deposited or paid under these
rules be recovered as costs of the attachment from any parry to the
proceedings."[Vide Notification No. Bl-3312/58, dated 7th April,
1959.]Madhya Pradesh.-(i) In Order XXI,-(i) renumber rule 43 as sub-
rule (1) thereof;(ii) in sub-rule (1) as so renumbered, in the proviso, at
the end before semi colon, insert the word "and";(iii) in sub-rule (!) as
so renumbered, after the proviso, insert the following further proviso,
namely:-"Provided also that when the property attached consist of live-
stock, agricultural implements or other articles which cannot be
conveniently removed, and the attaching officer does not act under the
first proviso to this rule, he may at the instance of the judgment-debtor
or of the decree-holder or any person claiming to be interested in such
property, leave it in the village or at the place where it has been
attached-(a) In the charge of the judgment-debtor, or of the station
pound-keeper, if any, or(b) In the charge of the decree-holder, or of the
person claiming to be interested in such property or of such respectable
person as will undertake to keep such property, on his entering into a
bond with one or more sureties in an amount not less than the value of
the property, that he will take proper care of such property and
produce it when called for." (iv) after sub-rule (1) as so renumbered
insert the following sub-rule namely:- ":"(2) The attaching officer shall
make a list of the property attached and shall obtain thereto the
acknowledgment of the person in whose custody the property is left,
and if possible of the parties to the suit, and of at least one respectable
person in attestation of the correctness of the list. If the property
attached include both livestock and other articles, a separate list of (tie
livestock shall similarly be prepared and attested." (w.e.f. 16-
94960)Madras.-In Order XXI,-(i) renumber rule 43 as sub-rule (1)
thereof;(ii) in sub-rule (1) as so renumbered, in the proviso, at the end,
before colon insert the word "and";(iii) in sub-rule (1) as so
renumbered, after the proviso, insert the following further proviso,
namely:-"Provided also that, when the property attached consists of
live-stock, agricultural implements or other articles which cannot
conveniently by removed and the attaching officer does not act under
the first proviso to this rule, he may at the instance of the judgment-
debtor or of the decree-holder or of any person claiming to be
interested in such property leave it in the village or place where it has
been attached-(a) in the charge of the person at whose instance the
property is retained in such village or place, if such person enters into a
bond in Form No ISA of Appendix E to this Schedule with one or more
sufficient sureties for its production when called for, or(b) in the charge
of an officer of -the Court, if a suitable place for its safe custody be