CCP HChapter 13 · Appendix H - Miscellaneous
Section H · MISCELLANEOUS
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MISCELLANEOUSNo. 1Agreement of Parties as to Issues to be Tried(Order 14, Rule 6)(Title)Whereas we, the parties in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the . . . . . . . . . .... day of .... . . . . . . . 20 . . . and filed as Exhibit . . . . . . . . . . . . . . . . in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be):We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue, . . . . . . . . . . . . . . . . will pay to the said . . . . . . . . the sum of Rupees . . . . . . . . . . . (or such sum as the Court shall hold to be due thereon), and I, the said . . . . . . . . . ., will accept the said sum of Rupees . . . . . .. . . (or such sum as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said . . . . . . . . , will do or abstain from doing, etc., etc.]Plaintiff.vs.Defendant.Witnesses :-(1) (2)Dated the . . . . . . . . . .... day of .... . . . . . . . 20 . . . .No. 2Notice of Application for the Transfer of a Suit to Another Court for Trial(Section 24)In the Court of the District Judge of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No. . . . . . . . . of 20. . . .,ToWhereas an application, dated the . . . . . . . . . .... day of .... . . . . . . . 20 . . ., has been made to this Court by . . . . . .. . . . . . . . . the. . . . . . . . . . . . . . . . in Suit No. . . . . . . . . . . . . . . . . of 20. . . . . . . . now pending in the Court of the . . .. . . . . . . . . . . . at. . . . . . . . , in which . . . . . . . . is . . . . plaintiff and . . . . . . . . . . . . . . . . is defendant, for the transfer of the suit for trial to the Court of the . . . . . . . . at . . . . . . . .You are hereby informed that the . . . . . . . . . .... day of .... . . . . . . . 20 . . ., has been fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it.Given under my hand and the seal of the Court, this . . . . . . . . . . . . . . . .... day of .... . . . . . 20 . . . .,Judge.[No. 2-A] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]List of Witnesses Proposed to be Called by Plaintiff/Defendant(Order 16 Rule 1.)
No. 3Notice of Payment into Court(Order 24, Rule 2)(Title)Take notice that the defendant has paid into Court Rs.. . . . . . . . and says that that sum is sufficient to satisfy the plaintiff's claim in full. X.Y., Pleader for the defendant.ToZ., Pleader for the plaintiff.No. 4Notice to Show Cause (General Form)(Title)To Whereas the above-named . . . . . . . . . . . . . . . . has made application to this Court that . . . . . . . . . . . . . . . . ;. . . . .. .You are hereby warned to appear in this Court in person or by a pleader duly instructed on the . . . . . . . . . .... day of .... . . . . . . . 20 . . . ., at . . . . . . . . O'clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determinedex parte.Given under my hand and the seal of the Court, this . . . . . . . . . .... day of .... . . . . . . . 20 . . . .Judge.High Court Amendment-[Allahabad].-Substitute the following for Form No. 4:-"No. 4NOTICE TO SHOW CAUSE (GENERAL FORM)In the Court of..............at.......................District.Civil Suit No................of........................20.....Miscellaneous No.............of........................20...........................................................resident of...........versus......................................................resident of...........ToWhere as the above-named.......has made application to this Court that .....; you are hereby warned to appear in this Court in person or by a pleader duly instructed on the .....day of.....20...,at.....o'clock in the forenoon, to show cause against the application failing wherein, the said application will be heard and determined ex parte, and it will be presumed that you consent to be appointed guardian for the suit.Given under my hand and the seal of the Court, this......day of......20...judge."No. 5List of Documents Produced by Plaintiff/Defendant(Order 13, Rule 1)(Title){| |-| No.| Description of document| Date, if any, which the document bears| Signature of party or pleader|-| 1| 2| 3| 4|-|||||-|||||-|||||}No.5LIST OF DOCUMENT PRODUCED BY PLAINTIFF/DEFENDANT(Order 13, Rule 1)In the Court of ....................at...............District.............Suit No....................of 20................PlaintiffversusDefendantList of documents produced with the plaint (or at first hearing) on behalf of plaintiff (or defendant).This list was filed by.............this..........day of.......20.......
Signature of party or pleader producing the list."(28.11.1914).No. 6Notice to Parties of the Day Fixed for Examination of a Witness about to Leave the Jurisdiction(Order 18, Rule 16.)(Title)To Plaintiff (or defendant)Whereas in the above suit application has been made to the Court by . . . . . . . . . . . . . . . . that the examination of . . . . . . . . . . . . . . . . , a witness required by the said . . . . . . . . . . . . . . . . , in the said suit may be taken immediately; and it has been shown to the Court's satisfaction that the said witness is about to leave the Court's jurisdiction (or any other good and sufficient cause to be stated):Take notice that the examination of the said witness. . . . . . . . . . . . . . . . will be taken by the Court on the . . . . .. . . .... day of .... . . . . . . . 20 . . . .Dated the . . . . . . . . . .... day of .... . . . . . . . 20 . . . .Judge.No. 7Commission to Examine Absent Witness(Order 26, Rules 4, 18)(Title)To Whereas the evidence of . . . . . . . . is required by the . . . . . . . . . . . . . . . . in the above suit; and whereas . . . . . .. . . . . . . . . ; you are requested to take the evidence on interrogatories [or viva voce] of such witness . . . . . . . . .. . . . . . and you are hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties of their agents if in attendance, who will be at liberty to question the witness on the points specified, and you are further requested to make return of such evidence as soon as it may be taken.Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your application.A sum of Rs. . . . . . . . . , being your fee in the above, is herewith forwarded.Given under my hand and the seal of the Court, this . . . . . . . . . .... day of .... . . . . . . . 20 . . . .Judge.High Court Amendments-[Orissa].-Same as that of Patna.[Patna].-Add the following note at the foot of the Form No. 7 :-"Note.-The Commissioner has power under Chapter X of the Indian Evidence Act to control the examination of witnesses."No. 8Letter of Request(Order 26, Rule 5)(Title)(Heading :-To the President and Judges of, etc., etc.,or as the case may be.) Whereas a suit is now pending in the . . . . . . . . . . . . . . . . in whichA. B. is plaintiff andC. D. is defendant; And in the said suit the plaintiff claims.(Abstract of claim.)And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say :E. F of......................G. H of.....................andI.J.og .................And it appearing that such witnesses are resident within the jurisdiction of your honourable Court;Now I . . . . . . . . . . . . . . . . , as the . . . . . . . . . . . . . . . . of the said Court, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the President and Judges of the said . . . . . . . . . . . or some one or more of you, will be pleased to summon the said witness(and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend such examination.And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court.(Note-If the request is directed to a Foreign Court, the words "through the Ministry of External Affairs of the Government of India for transmission" should be inserted after the words "other witnesses" in the last line of this form.)No. 9Commission for a Local Investigation, or to Examine Accounts(Order 26, Rules 9, 11)(Title)To Whereas it is deemed requisite, for the purposes of this suit, that a commission for . . . . . . should be issued;You are hereby appointed Commissioner for the purpose of . . . . . . . . . . . . . . . .Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court have jurisdiction on your application.A sum of Rs. . . . . . . . . . . . . . . . , being your fee in the above, is herewith forwarded.Given under my hand and the seal of the Court, this . . . . . . . . . .... day of .... . . . . . . . 20 . . . .Judge.No. 10Commission to Make a Partition(Order 26, Rule 13)(Title)To Whereas it is deemed requisite for the purposes of this suit that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in, the decree of this Court, dated the . . . . . . . . . .... day of .... . . . . . . . 20 . . . .; You are hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said decree, and to allot suh shares to the several parties. You are hereby authorized to award sums to be paid to any party by any other party for the purpose of equalizing the value of the shares.Process to compel the attendance before you of any witness or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application.A sum of Rs. . . . . . . . . . . . . . . . . , being your fee in the above, is herewith forwarded.Given under my hand and the seal of the Court, this . . . . . . . . . .... day of .... . . . . . . . 20 . . . .Judge.[No. 11] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for Form 11 (w.e.f. 1.2.1977).]Notice to Certificate, Natural, or, De facto Guardian(Order 32, Rule 3)(Title)To (Certificated/Natural/de factoGuardian)Whereas an application has been presented on the part of the plaintiff*/on behalf of the minor defendant* in the above suit for the appointment of a guardian for the suit for the minor defendant . . . . . . . . . . . . . . . . , you(insert the name of the guardian appointed or declared by Court, or natural guardian, or the person in whose care the minor is) are hereby required to take notice that unless you appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express you consent to act as guardian for the suit for the minor, the Court will proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit.Given under my hand and the seal of the Court, this . . . . . . . . . .... day of .... . . . . . . . 20 . . . .,Judge.* Strike off the words which are not applicable.High Court Amendment-[Allahabad].-Substitute the following for Form No. 11:-"No.11[Order 32 Rule 3]NOTICE TO MINOR DEPENDANT AND GUARDIANIn the Court of ................................ at ..................................................................District.Suit No .................................................... of ............................................................... 20....Resident of ......................................................... Plaintiff.versusResident of ..........................................................Defendant.To (1)Minor defendant (2)andNatural/Certificated guardian,orthe person in whose care the minor is alleged to be.Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant, you said minor, and you2 ............... natural'/certificated guardian or the person in whose care the minor is alleged to be, certificatedare hereby required to take notice that unless within ................ days from the service upon you of this noticg, an application is made to this Court to show cause why the person named below should not be appointed or for the appointment of any other person willing to act as guardian for the suit, the Court will proceed to appoint the person named below or some other person to act as guardian of the minor for the purposes of the said suit.iProposed guardian .......................................... son of ......................... resident of .................Given under my hand and the seal of the Court, this ........................ day of .............. 20 ................Judge."(27-3-1926). (1)Cut out the word "natural" if the certificated guardian is named; cut out the words "certificated" if the natural guardian be intended and cut out both "natural" and "certificated" and the word "or" if the guardian be of neither class but one with whom the minor lives. (2)Insert the name of guardian.[Andhra Pradesh].-Same as that of Madras.[Bombay].-For the existing Form No. 11, substitute the following as Form No. 11:-"No. 11NOTICE TO MINOR DEFENDANT AND GUARDIAN(Order 32 Rule 3)(Title)To (1).............................................. (Natural Guardian/ Leg;, lly appointed Guardian/Person taking care of the minor).Whereas an application (as per the annexed copy) has been presented on behalf of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant (here enter the name of the minor defendant) ....................... and whereas the plaintiff has proposed in his application that you (here enter the name of the proposed guardian) ....................................... should be appointed as such guardian you the said proposed guardian are hereby required to take notice that, unless you appear before this Court within ........................ days from the service of this notice upon you and express your consent to such appointment, or an application is made to this Court to appoint some other person as guardian of the minor for the suit, the Court will proceed to appoint such person as it deems proper as the guardian of the minor for the purposes of the said suit.Given under my hand and the seal of this Court, this .................. day of .................... 20 .................Judge."(1-10-1983 and 1-4-1987).[Karnataka].-Same as that of Madras.[Madhya Pradesh].-Substitute the following for Form No. 11:-"No.11NOTICE TO MINOR DEFENDANT AND GUARDIAN[Order 32 Rule 4-A](Title)To Minor Defendant,Legally appointed /Actual guardian,Proposed guardian.Whereas an application has been presented on the part of the plaintiff on behalf of the minor defendant for the appointment of you .......as the guardian for the suit of the minor defendant.......(you the said minor*) you........his legally appointed/actual guardian and you........the proposed guardian for the suit are hereby required to take notice that unless you, the proposed guardian appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express your consent to your appointment, or unless an application is made to this Court for the appointment of some other person to act as guardian of the minor for the suit, the Court will proceed to appoint an officer of the Court or a pleader or some other person to act as a guardian to the minor for the purposes of the said suit of which summons in the ordinary form is here with appended.Given under my hand and the seal of the Court, this ..................... day of .............. 20........Judge."(16-9-1960).*The portion in brackets should be scored out if no notice is issued to the minor defendant.[Madras].-Substituted the following for Form No. 11 :-No. 11NOTICE TO GUARDIAN APPOINTED OR DECLARED, OR TO FATHER OR OTHER NATURAL GUARDIAN, OR TO THE PERSON IN CHARGE OF THE MINOR[Order 32 Rule 3(5)](Title)To Guardian appointed or declared, or father or other natural guardian, or person-in-charge of the minor.Whereas an application has been presented on the part of the ...................... in the above suit for the appointment of a guardian for the suit of the said minor, you are hereby required to take notice that, unless within ..................... days from the service upon you of this notice an application is made to this Court for the appointment of you or of some friend of the said minor to act as her guardian for the purposes of the said suit, the Court will proceed to appoint some other person to act as guardian of the said minor for the purposes of the said suit.Given under my hand and the seal of the Court, this ..................... day of .............. 20........Judge. "[Orissa].-Same as that of Patna.[Patna].-For Form No. 11 substitute the following Form :-"No.11NOTICE TO MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF THE GUARDIAN TO BE GUARDIAN FOR THE SUIT(Order 32 Rule 3)(Title)To Minor Defendant,Guardian (appointed by the authority,or natural or the person in whose carethe minor is, as the case may be).Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of you* ...................................... as guardian for the suit to the minor defendant, you the said minor and you* ............................................................ are hereby required to take notice that unless within 21 days from the service upon you of this notice you* .......................................... give your consent to be appointed to act as guardian, the Court will proceed, subject to the decision of any objection that may be raised to appoint an officer of the Court to act as guardian to you the minor for the said suit.Given under my hand and the seal of the Court, the ........................ day of .................. 20 ...............Judge."No. 11ANotice to Minor Defendant(Order 32, Rule 3)(Title)To Minor Defendant.Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of . . . . . . . . *as guardian for the suit for you, the minor defendant, you are hereby required to take notice to appear in this Court in person on the . . . . . . . . day of . . . . . . . . 20 . . . ., at . . . . . . . . O'clock in the forenoon to show cause against the application, failing which the said application will be heard and determinedex parte.Given under my hand and the seal of the Court, this . . . . . . . . . .... day of .... . . . . . . . 20 . . . .Judge.High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Karnataka].-Same as that of Madras.[Kerala].-Same as that of Madras.[Madras].-Substitute the following for Form No. 11-A:-"No.11-ANOTICE TO PROPOSED GUARDIAN OF A MINOR DEFENDANT/RESPONDENT[Order 32 Rule 3(9)]To(Y.Z.)(Name, description and place of residence of proposed guardian).Take notice that X plaintiff/defendant has presented a petition to the ..................... Court praying that you be appointed guardian ad litem to the minor defendant(s)/respondent(s) and that the same will be heard on the ................................ day of .................... 20 ......... (2)The affidavit of X has been filed in support of this application. (3)If you are willing to act as guardian for the said defendant (s)/respondent(s) you are requested to sign (or affix your mark to) the declaration on the back of this notice. (4)In the event of your failure to signify your express consent in the manner indicated above take further notice that the Court may proceed under Order 32, rule 3, Code of Civil Procedure, to appoint some other suitable person or one of its officers as guardian ad litem of the minor defendant(s)/respondent(s) aforesaid.Dated this ........................................ day of ....................................... 20....(Signed)I hereby acknowledge receipt of a duplicate of this notice and consent to act as guardian of the minor defendant(s)/respondent(s) therein mentioned. Witnesses: (1)Signature. (2)(Y.Z.)[Orissa].-Same as that of Patna.[Patna].-Insert the following Forms Nos. 11-A and 11-B:-No.11-ANOTICE TO MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF ANOTHER PERSON TO BE GUARDIAN FOR THE SUIT[Order 32 Rule 3](Title)To Minor Defendant,Guardian (appointed by the authority,or natural or the person in whose carethe minor is, as the case may be).Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of (1) ...................................... as guardian for the suit to the minor defendant you the said minor and you (1) ................................ are hereby required to take notice that unless within 21 days from the service upon you of this notice you (3) ....................... make an application for the appointment of yourself or of some friend of you the minor to act as guardian, the Court will proceed, subject to the decision of any objection that may be raised, to appoint (2) .................. or an officer of the Court to act as guardian to you the minor for the said suit.Given under my hand and the seal of this Court, this ....................... day ............... 20 ..........Judge. (1)Here insert the name of proposed guardian. (2)Here insert the name and description of proposed guardian. (3)Here insert name of guardian upon whom the notice is to be served.No. 11-BNOTICE TO THE PROPOSED GUARDIAN FOR THE MINOR DEFENDANT, WHEN THE PERSON PROPOSED IS NOT THE GUARDIAN APPOINTED BY AUTHORITY OF THE NATURAL GUARDIAN OR THE PERSON IN WHOSE CARE THE MINOR IS[ Order 32 Rule 4](Title)District In the Court of ...........................................................................................at.......................................................................Suit No .................................................................................... of 20 ........PlaintiffversusDefendant.ToProposed guardian .................................................................Whereas an application has been presented by the plaintiff in the above case for the appointment of you (1) ...................................... as guardian for the suit to the minor defendant, you are hereby required to take notice that unless within ....................... days from the service upon you of this notice you make an application to the Court intimating your consent to act as guardian for the suit the Court will proceed to appoint some other person to act as guardian to the minor for the purposes of the said suit.Given under my hand and the seal of this Court, this...........day of...........20....Judge" (1)Here insert name and description of proposed guardian.No. 12Notice to Opposite Party of Day Fixed for Hearing Evidence of Pauperism(Order 33, Rule 6)(Title)To Whereas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has applied to this Court for permission to institute a suit against . . . . . . . . in forma pauperis under Order 33 of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject the application; and whereas the . . . . . . . . . .... day of .... . . . . . . . 20 . . . . has been fixed for receiving such evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may be adduced in disproof thereof :Notice is hereby given to you under rule 6 of Order 33 that in case you may wish to offer any evidenace to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said . . . . . . . . day of . . . . . . . . 20 . . . .Given under my hand and the seal of the Court, this . . . . . . . . . . . . . . . . .... day of .... . . . . . . . . . . . 20 . . . .Judge.High Court Amendment-[Karnataka].-Add the following as Form No. 12-A:-"No. 12-ACOMMON FORM OF NOTICE IN INTFRLOCUTORY APPLICATIONS UNDER ORDER 37 OF THE CODE OF CIVIL PROCEDURE, 1908(Title)Take notice that the plaintiff/appellant/defendant/respondent above-named has made an application to the Court under ....................... (Provision of law) praying that ......................... (set out the prayer in full) and that the pleader on behalf of the applicant will move the Court for an urgent/interim order on ....................................... (date) at .............. (time) or that the Court on being moved for an interim order has on ............................. (date) made such order ............... directing .................................... (here enter the exact terms of the interim order) and has further directed that the application be posted for further orders on ........................ (date) after notice to you.You are required to appear either in person or through pleader on the said date to show cause against the application being granted ........... as prayed for. Please note that in default of your appearing and showing cause as aforesaid, the application will be proceeded with in your absence.The affidavit/ memorandum of facts by ....................................... has been filed in support of the application, and a true copy thereof together with a true copy of the application is annexed hereto.Dated this ........................................................... day of ......................................... 20 ................(Officer of Court).......Pleader/or applicant.(R.O.C. No 2526/1959, dated 9.2.1967).No. 13Notice to Surety of his Liability Under a Decree(Section 145)(Title)To Whereas you . . . . . . . . . . . . . . . . did on . . . . . . . . . . . . . . . . become liable as surety for the performance of any decree which might be passed against the said . . . . . . . . . . . . . . . . defendant in the above suit; and whereas a decree was passed on the . . . . . . . . . .... day of .... . . . . . . . 20 . . . . against the said defendant for the payment of .. . . . . . . . ., and whereas application has been made for execution of the said decree against you :Take notice that you are hereby required on or before the . . . . . . . . . . . . . . . . . . . . . . . . . . .... day of .... . . . . .. . . . . .. 20 . . . . . . . . . . . ., to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, within the time specified, shown to the satisfaction of the Court, an order for its execution will be forthwith issued in the terms of the said application.Given under my hand and the seal of the Court, this . . . . . . . . . . . . . . . . .... day of .... . . . . . . . . . . 20 . . . ..Judge.No.14Register of Civil Suits(Order 4, Rule 2)Court of the....of....at...Register of Civil Suits in the year 20......
Note:-Where there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, or the first defendant only, as the case may be, need be entered in the register.High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Bombay].-(i) For the existing Note substitute the following:"Note:-Where there are numerous plaintiffs or numerous defendants, the names of all the plaintiffs or all the defendants, as the case may be, should be entered in the register."-(1-10-1983).(ii)in Form No.14. (a)Each of the columns of Register of Civil Suits shall be numbered as columns (1) to (10). (b)In column 5 as so renumbered, under the heading "claim" in the sub-column for the word "Particulars" the words "Nature of suit and particulars of relief" shall be substituted; (c)In column 6 as so renumbered, under the heading "Appearance" for sub-columns "Day for parties to appear", "Plaintiff" and "Defendant" the following shall be substituted, namely : "The first returnable date when the defendant is called upon to appear"-(31-12-1987).[Calcutta].-(i) Cancel columns 20 to 27 of Form No. 14-Register of Civil Suits, Appendix II, Schedule I and substitute therefor the following columns:
(ii)Substitute the following Notes for the existing one: "NOTE 1.-When there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, or the first defendant only as the case may be, need be entered in Register with a note of the total number of parties impleaded, e.g., A.B., and seven others.NOTE 2.-In column 9 enter facts constituting the cause of action and particulars required by Order 7, rule 1, clauses (g) and (h) andalso the value of the suit for the purpose of jurisdiction as required by clause (1) of that rule.NOTE 3.-In column 12 shall be entered the first date of hearing of the suit and in columns 13 and 14 the names of the pleaders or vakils or advocates of the parties.NOTE 4.-In column 16 should be indicated whether the decision was ex parte, on compromise or on contest against all or any of the defendants.NOTE 5.-In columns 18 and 19 should also be the number and year of the appeal, the name of the Appellate Court and not only the particulars of the order on first appeal but the particulars of the order on second appeal or revision, if any.NOTE 6.-Cases remanded under order 41, rule 23 or restored to file under Order 9, rule 4 or rule 9 or rule 13 will be re-admitted and entered in the Register in their Original Numbers. In each case the letter "R" will be affixed to the number to be entered in column 2 and the date of restoration to file will be noted in column 1.NOTE 7.-Cases under the Religion Endowments Act, 1863, under sections 88 and 92, Order 21, rule 99, Order 36, rule 3 and Schedule 11, Paragraphs 17 and 20, Civil Procedure (now the reference to Schedule II will be construed as references to the appropriate provisions of the Indian Arbitration Act (X of 1940) which has repealed Schedule II) and references made under section 5 of the Bengal Alluvial Lands Act, 1920, must be registered as suits.NOTE 8.-A note should be made of all parties brought on or struck off the record under Order 1, or Order 22, Civil Procedure Code,.or of any alteration in the appointment of guardian ad litem and also of any withdrawal :)f the claim or a portion of the claim against any of the defendants.NOTE 9.-Any amendment or alteration made during the progress of the suit in the value or particulars of the claim or as to the date or place or cause of action should appear in column 9.NOTE 10.-Courts to which suits are transferred should not be old members and the dates of institution in the suit registers within brackets.NOTE 11.-When the Court of execution is other than the Court which passed the decree, the name of the executing Court should be entered in column 20.NOTE 12.-In column 22 the date of the final order is to be entered.NOTE 13.-In column 26 the particulars and the date of adjustment, or satisfaction otherwise than by execution should be entered.NOTE 14.-In column 33 should be entered the order in appeals, revisions or under section 144, Civil Procedure Code, with date and name of Court.NOTE 15. The entries in this register shall be made contemporaneously with the passing the orders during the progress of the suits or subsequent proceeding, if any, and not after their final disposal.Separate Registers in this form have been prescribed for Title Suits and Money and Moveable Suits "[(R.)1(i) and (R.) 1 (ii)]".Note:-Where there are numerous plaintiffs or numerous defendants the first plaintiff only or the first defendant only, as the case may be, need be entered in the register.[Gauhati].-Same as that of Calcutta[Madras].-Form Nos. 14 to 25, omitted.[Orissa].-Same as that of Patna.[Patna].-Substitute the following for Form No. 14:No.14Register of Civil Suits(Order 4, Rule 2)Court of the....of....at...Register of Civil Suits in the year 20......
NOTE 1.-Where there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, or the first defendant only, as the case may be, need be entered in the register.NOTE 2.-Cases remanded by appellate Courts to lower Courts under Order 41, rule 23, Civil Procedure Code, will be re-admitted and entered in the general register of suit, under their original numbers. In each case the letter R will be a affixed to the number to be entered in column 2.NOTE 3.-In column 14 should be indicated whether the decision was ex parte, on compromise or on contest against all or any of the defendants.NOTE 4.-When the Court of execution is other than the Court which passed the decree, the name of the executin Court should be given in column 20."-(20.2.1980).No. 15Register of AppealsCOURT (OR HIGH COURT) ATREGISTER OF APPEALS FROM DECREES IN THE YEAR 19 .........|-|| Name| Respondent|-|| Description|-|| Place of residence|-|| Of What court| Decree appealed from|-|| Number of Original suit|-|| Particulars|-|| Amount or value|-|| Day for parties to appear| Appearance|-|| Appellant|-|| Respondent|-|| Date| Judgment|-|| Confirmed, reserved or varied|-|| For what, or amount|-|}High Court Amendment-[Bombay].-In Form No. 15, in the Register of Appeals:-(i)each of the columns shall be numbered as (1) to (7); (ii)in column 3 so re-numbered under the heading "Decree appealed from", for sub-column "Particulars" the words "Nature of the original suit and particulars of relief therein "shall be substituted. (iii)in column 4 so re-numbered, under the heading "Appearance" for all the sub-columns, the sub-column "The First returnable date when the respondent is caled upon to appear" shall be substituted:-(31.12.1987). Form Nos. 16 to 19High Court Amendment.-[Allahabad].-Add the following Form Nos. 16 to 19:-"No.16The security to be furnished under Order 25, Rule 1, shall be, as nearly as may be, by bond in the following form:In the Court of ......................................................................... at .......................................................................................Suit No .................................................................. of ................ 20.......PlaintiffversusDefendant.Whereas a suit has been instituted in the said Court by the said plaintiff ................ to recoverfrom the said defendant ........................................... the sum of rupees ................. and the said plaintiff .... .......................:.... is residing out of British India (or is a woman) and does not possess any sufficient immovable property within British India independent of the property in the suit :Therefore, I, inhabitant of ...................................... have voluntarily become security, and do hereby bind myself, my heirs, and executors to ...................... as Judge of the said Court and to his successors in office that the said plaintiff .................. his heirs and executors, shall, whenever called on by the said Court, pay all costs that may have been or may be incurred by the said defendant ..................... in the said suit, and in default of such payment I bind myself, my heirs and executors, to pay all such costs to the said Court on its order.Witness my hand at ......................... this ..................... day of 20 .................(Signed)Surety. Witnesses :No.17ADDRESS FOR SERVICEUnderOrder 7, Rule 19 to 26;Order 8, Rule 11 and 12 ; Order 41, Rule 38; Order 46, Rule 8; Order 47, Rule 10; Order 52, Rule 1.In the Court of the ............................................................ of ......................Original (Suit/or Case) No ..........................................................of 20 ..........PlaintiffversusDefendant.This address shall be within the local limits of the District Court within which the suit isfiled, or of the District Court within which the party ordinary resides, if within the limits of, United Provinces of Agra and Oudh, but not within the limits of any other Province :
Dated:Any summons, notice or process in the case may, henceforward be issued to me at theabove address until I file notice of change. If this address is changed I shall forthwith file a notice of change containing all the new particulars.
OrI file the above address according to the instructions given by my client (name) ............................ (and capacity).........................Signature of pleader.N.B.-This form when received by the Court must be stamped with the date of its receipt and filed with the record of the pending suit or matter.No.18NOTICE OF CHANGE OF ADDRESS FOR SERVICEUnder Order 7, Rule 19-26; Order 8, Rule 11 and 12;Rule 41, Rule 38; Order 46 Rule 8; Order 47 Rule 10; Order 52, Rule 1In the Court of the ....................................................................... of .......................................Original (Suit/(or Case)) No ................................................................ of ................. 20 ..............PlaintiffversusDefendant.This address shall be within the local limits of the District Court within which the suit isfiled, or of the District Court within which the party ordinarily resides, if within the limits of the United Provinces of Agra and Oudh, but not within the limits of any other Province:
Dated :Any summons, notice or process in the case may, henceforward be issued to meat the above address until I file notice of change. If this address is again changed I shall forthwith file a notice of change containing all the new particulars.
OrI file the above address according to the instruction given by my client (name) ............................ (and capacity).........................Signature of pleader.N.B.-This form when received by the Court must be stamped with the date of its receipt and filed with the record of the pending suit or matter.No.19VAKALATNAMAIn the Court of .................................... Suit/Miscellaneous Case/Civil Appeal/ Execution Case No ............................................ of 20...., fixed for ................. Plaintiff/Appellant/Applicant/D.H.versusDefendant/Respondent/Opposite Party/J.D. Vakalatnama of Plaintiff/Appellant Applicant/D.H./Defendant/Respondent/Opposite party/J.D.In the case noted above Sri ........................ . each of Sarvasri ........................ Advocate, is hereby appointed as counsel, to appear, plead and act on behalf of the undersigned, in any manner, he thinks it proper, either himself or through any other Advocate, and in particular to do the following, namely, to receive any process of Court (including any notice from any appellate or revisional Court), to file any applications, petitions or pleadings, to file, produce or receive back any documents, to withdraw or compromise the proceedings, to refer any matter to arbitration, to deposit or withdraw any moneys, to execute any decree or order, to certify payment, and receive any moneys due under such decree or order.The undersigned shall be bound by all whatsoever may be done in the aforesaid case (including any appeal or revision therefrom) for and on behalf of the undersigned by any of the said counsel.Signature .....................................................Name in full ..................................................Date ...............................................................Attesting witness ....................................Name in full ..........................................Address .................................................Date .............................................Accepted /Accepted on the strength of the signatures of the attesting witness.THE SECOND SCHEDULEARBITRATION[Repealed by the Arbitration Act, 1940 (10 of 1940), section 49 and Schedule III]THE THIRD SCHEDULE.-[Execution of Decrees by Collectors.]Omitted by the Code of Civil Procedure(Amendment)Act, 1956 (66 of 1956),section 15.THE FOURTH SCHEDULE.-[Enactments amended.][Repealed by the Repealing and Amending Act, 1952 (48 of 1952),section 2and Schedule I.]THE FIFTH SCHEDULE.-[Enactments repealed.][Repealed by the Second Repealing and Amending Act, 1914(17of 1914),section 3 and Schedule II].
| Name of the party which proposes to call the witness | Name and address of the witness | Remarks |
| Serial number. | Description and date, if any, of the document | What became of the document. | Remarks | ||
| (1) | (2) | (3) | (4) | ||
| If brought on the record the exhibit marks put on the document. | If rejected, date of return to party, and signature of party or pleader to whom the document was returned. | If it remains on the record after decision of the case and is enclosed in an envelope, under rule 24, Chapter III, the date of enclosure in the envelope. | |||
| | | | | | |
| Date of Presentation of plaint | ||
| Number of suit. | PLAINTIFF | |
| Name | ||
| Description | ||
| Place of residence | ||
| Name | DEFENDANT | |
| Description | ||
| Place of residence | ||
| Particulars | CLAIM | |
| Amount or value. | ||
| When the cause of action accrued | ||
| Day for parties to appear. | APPEARANCE | |
| Plaintiff. | ||
| Defendant. | ||
| Date. | JUDGMENT | |
| For whom. | ||
| For what, or amount. | ||
| Date of decision of appeal. | APPEAL | |
| Judgment in appeal. | ||
| Date of application | EXECUTION | |
| Date of order. | ||
| Against whom. | ||
| For what and amount, if money. | ||
| Amount of costs. | ||
| Amount paid into Court. | RETURN OF EXECUTION | |
| Arrested. | ||
| Minute of other return than payment or arrest, and date of every return. |
| 20 | Number of execution application as per execution application register and the date of application | EXECUTION | |
| 21 | Relief sought, if money, amount claimed. | ||
| 22 | Order and date thereof. If portion of relief not granted, what portion | ||
| 23 | Against whom order made. | ||
| 24 | For what, amount to be stated. | ||
| 25 | Amount of costs. | RETURNS OF EXECUTIONS | |
| 26 | Ajustment and satisfaction reported, if any. | ||
| 27 | Amount paid into court. | ||
| 28 | Person arrested. | ||
| 29 | Whether judgment-debtor committed to jail, if not, why not. If committed to jail, the period of stay in it. | ||
| 30 | Minute of other return other than arrest and payment. | ||
| 31 | Amount or relief still due and why execution petition is closed. | ||
| 32 | If petition is infructuous, why and to what extent. | ||
| 33 | Appeal, if any, against order in execution and if so, the result. |
| 1 | Date of presentation of plaint | |
| 2 | Serial number of suit. | Number of suit |
| 3 | Serial number of suit dealt with under the S.C.C. Power | |
| 4 | Name | Plaintiff |
| 5 | Description | |
| 6 | Place of residence | |
| 7 | Name | Defendant |
| 8 | Description | |
| 9 | Place of residence | |
| 10 | Particulars | Claim |
| 11 | Amount or value | |
| 12 | When the cause of action accrued | |
| 13 | Date | Judgment |
| 14 | For whom | |
| 15 | For what or amount | |
| 16 | Number of year of appeal | Appeal |
| 17 | Order on appeal with date and name of appellate Court | |
| 18 | Particulars | Adjustment or satisfaction of decree otherwise then by execution |
| 19 | Date | |
| 20 | Number and date of application | |
| 21 | Date of final order | Execution |
| 22 | Against whom. | |
| 23 | For what, and amount, if money | |
| 24 | Amount of costs | |
| 25 | Amount paid into Court. | Result of execution |
| 26 | Name of person, if any, detained in civil prison | |
| 27 | Minute of other result with date | |
| 28 | Orders in appeals, revisions, or under Section 144 C.P. Code, with date and name of Court | |
| 29 | Relief or amount still due | |
| 30 | Remarks |
| Name, parentage and caste | Residence | Pargana or tahsil | Post office | District |
| Plaintiff | |
| Defendant | |
| Signature of party | |
| Appellant | |
| Respondent |
| Name, parentage and caste | Residence | Pargana or tahsil | Post office | District |
| Plaintiff | |
| Defendant | |
| Signature of party | |
| Appellant | |
| Respondent |
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