3 3 Civil Applications

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::Key Notes on Interlocutory applications::
P.H. Manjunath. Advocate. Bellary. Mobile:944 !"#$%%
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&his Key Notes 'ritten 'ith the support and help o( )ri. K.Kotesh'ar *ao+ Miss. ,.*. Pad-ini+ -e-bers o( Bellary Bar Association and so-e o( la' related 'eb sites and boo.s. &his Key Notes is not an accurate one+ but it is (or-at /athered in(or-ation in /eneral and help(ul (or the 0unior Advocates+ 'ho starts their la' practice+ they 'ill /et brie( in(or-ation. In this Key Notes so-e o( the I.A.1s has been e2plained and so-e o( the I.A.1s are not been e2plained. &his Key Notes is not 'ritten (or sale or publicity purpose and i( any one by usin/ or .eepin/ this boo. in -ind /et any loss+ da-a/e or anythin/ in ne/ative+ I 'ill not personally liable (or that. &han.in/ you+ P.H. Manjuanth. Advocate. Bellary.
$. 3hat is -ean by Interlocutory application4 #. 3hich applications should be (iled acco-panyin/ 'ith an a((idavit4 Ans'ers: &H5 KA*NA&AKA 6I7I8 *985) :; P*A6&I65+ $9!<:
6HAP&5* III IN&5*8:69&:*= MA&&5*)
Rule- 17. 'Interlocutory application' means an application to the Court in any Suit, Appeal or Proceeding already instituted in such Court other than an application or e!ecution o the decree or setting aside the decree or inal order made in such Suit, Appeal or Proceeding, or an application or re"ie# o $udgment and includes e"ery application see%ing an order &y #ay o aid pending inal ad$udication o the matter arising in the Suit. Appeal, or Proceeding or or readmission o appeal dismissed or de ault.' Rule: 18. (1) *"ery Interlocutory Application shall &e indicated &y the a&&re"iation +I.A.+ and shall &e consecuti"ely num&ered in each suit, appeal or proceeding in #hich it is iled. (2) All acts, on #hich an applicant relies or ma%ing the prayer or o&taining the relie sought in the application, shall &e set out in an a ida"it accompanying the application. ,here, ho#e"er, the acts on #hich the application is &ased appear rom the records o the case in the Court or relate to any act or conduct o the applicant's pleader himsel , the Court may permit a memorandum o acts signed &y the applicant's pleader to &e iled instead o an a ida"it1. Pro"ided that it shall not &e necessary to ile any a ida"it &ut only a memorandum o acts signed &y the pleader in interlocutory applications see%ing any relie other than the relie s o temporary in$unction, attachment, arrest, appointment o guardian or the appointment o recei"er or amendment o a pleadings.'
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--Ci"il Applications Inde!-Applications 1. Strike out or add parties (Impleading application) (O-1 R-1!(")) ". #ranspose a plainti$$ to t%e position o$ a de$endant (O-1 R-1!(&)) '. Su(stituted ser)ice (paper pu(lication) (O-* R-"!(1A)) +. Amendment o$ pleadings (O-& R-1,) *. -it%dra. t%e suit to present it (e$ore proper court (O-, R-1!(a)) &. Production o$ documents (/ t%e plainti$$ (O-, R-1+("('))) ,. Production o$ documents (/ t%e de$endant (O-8 R-1(A)) 8. Restore t%e suit dismissed $or non pa/ment o$ process $ee and dismiss $or de$ault (O-0 R-+) 0. Set aside 12-parte orders (O-0 R-,) 1!. Set aside t%e 12 Parte 3ecree (O-0 R-1') 11. 4or 3isco)er/ (/ Interrogatories (O-11 R-1) 1". 4or 3isco)er/ o$ 3ocuments (O-11 R-1") 1'. 4or Inspection o$ 3ocuments (O-11 R-18(1)) 1+. Application 4or Impounding o$ 3ut/ and Penalt/ (Sec. '+ and '* o$ Stamp Act R5. O-1' R-' + R5. Sec. 1*1 o$ 6.P.6) 1*. 4or Return o$ 3ocuments .%ile suit pending (O-1' R-0) 1&. 3ocument Return Application (O-1' R-0) 1,. 4or Return o$ 3ocuments a$ter disposal o$ suit (O-1' R-0(1)) 18. Sent records $rom anot%er court (O-1' R-1!(1)) 10. Amendment o$ Issues (O-1+ R-*) "!. Application $or $raming o$ Additional Issues (O-1+ R-* "(")) "1. -itness list cite and summon application (O-1& R-1 ' &) 5556all $or Records application (O-1& R-&) 5556all $or Salar/ 6erti$icate (O-1& R-&) 5554or summons to produce documents (O-1& R-&) 5557and o)er summons (O-1& R-,(+)) 555-itness $ails to appear gi)e e)idence or produce documents soug%t $or (e$ore court t%en application $or .arrant (O-1& R-1!) "". Ad8ournment Application (O-1, R-1) "'. 12amine .itness (e$ore commencement o$ #rail (O-18 R-1&) "+. Re call application (O-18 R-1,) Page Nos. 8 11 1+ 1, "! "' "& "0 '! '' '& '& ', '8 +1 +" +* +& +, +8 *1
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Applications "*. Pa/ment o$ 3ecree amount in installments (O-"! R-11(")) "&. #rans$er o$ decree (O-"1 R-1&) ",. Sta/ o$ 12ecution Petition ground o$ pre$erring appeal (O-"1 R-"&) "8. Sta/ 12ecution pending suit (et.een 3.7.R and 9.3.R (O-"1 R-"0) "0. Arrest o$ 93R in 1.P. (O-"1 : '! R-',) '!. Attac%ment o$ ;o)ea(le propert/ in 1.P. (O-"1 R-+') '1. Attac%ment o$ salar/ in 1.P. (O-"1 : '! R-+8) '". Attac%ment o$ Immo)ea(le propert/ in 1.P. (O-"1 R-*+) ''. Remo)al o$ attac%ment a$ter satis$action o$ t%e decree (O-"1 R-**) '+. 6laim (/ #%ird part/ (O-"1 R-*8) '*. Sta/ o$ sale pending claim application (O-"1 R-*0) '&. Sale o$ attac%ed properties in 1.P. (O-"1 R-&+) ',. Participate in t%e Auction (O-"1 R-,") '8. ;ortgagee $or permission to participate in t%e Auction (O-"1 R-,"(A)) '0. Postponement o$ sale at t%e re<uest o$ 93R (O-"1 R-8') +!. Set aside t%e sale on t%e ground o$ irregularit/ or $raud (O-"1 R-0!) +". Set aside 12 Parte order in 1.P. (O-"1 R-1!&) +'. =egal representati)e application $or deceased plainti$$ (O-"" R-') ++. =egal representati)e application $or deceased 3e$endant (O-"" R-+) +*. Set aside a(etment against =R>s or Restore t%e suit dismissed due to a(etment (O-"" R-0) +&. -it%dra.al o$ suit (O-"' R-1) +,. -it% dra. t%e suit .it% li(ert/ to $ile $res% (O-"' Rule-1(')) +8. 6ompromise Application (O-"' R-" and ') +0. Appointment o$ 6ourt 6ommissioner (O-"& R-0) *!. 12pert opinion application (O-"& R-1!(A)) *1. Appointment o$ commissioner in partition suit (O-"& R-1') *". Appointment o$ ?uardian to ;inor (O-'" R-1) *'. ?uardian $or minor de$endant (O-'" R-') *+. 6ompromise t%e suit on (e%al$ o$ ;inor (O-'" R-,) **. ;inor on attaining ma8orit/ to proceed .it% suit (O-'" R-1"(1)) Page Nos. &" &" &' &' &+ &* && &8 &8 &0 ,! ,! ,1 ,1 ," ," ,+ ,* ,8 8" 8* 8* 8& 80 00 1!' 1!+ 1!, 1!8 1!0
+1. #%ird part/ o(struction in 12ecution Petition (Section-+, Order-"1 R-0,),'
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*&. Arrest (e$ore 8udgment application (O-'8 R-1) *,. Attac%ment (e$ore 9udgment application (O-'8 R-*) *8. #emporar/ In8unction Application (O-'0 R-1 and " 1!) *0. Arrest o$ Opponent $or @iolating #.I (O-'0 R-"(a)) &1. Appointment o$ Recei)er (O-A= R-*(1)) &". Appellant court to sta/ t%e lo.er court decree(O-A=I R-*(1)) &'. Sta/ (e$ore same court .%ic% passed decree (O-A=I R-*(")) &+. Restoration o$ Appeal dismissed $or de$ault (O-A=I R-10)) &*. 4or appeal decided 12 Parte (O-A=I R-"1) &&. Adduce additional e)idence in Appellant court (O-A=I R-",) &,. #rans$er o$ suits one court to anot%er court (Section-"+) &8. Section-8! 6.P.6. dispense application (Section 8!(")) &0. 12tension o$ time application (Section -1+8) ,!. Re Open application (Section -1*1) ,1. Permission $or $iling .ritten statement (Section -1*1) ,'. Permission $or deposit t%e amount in t%e court (Section-1*1) ,+. Application $or Restoration o$ dismissed suit on same da/ (Section-1*1) ,*. Permission $or police %elp to en$orce t%e court orders (Section-1*1) ,&. Strike o$$ plaint or .ritten statement $or non compliance (Section-1*1) ,8. Crgent application (Section -1*1) ,0. Ad)ancement application (Section -1*1) 8!. 6%e<ue application (Section -1*1) 81. Permission to .it% dra. t%e $i2ed deposited amount (Section -1*1) 8". Application $or corrections in 6ourt order (Section -1*1 1*" and 1*') 8'. 6lu((ing o$ suits (section-1*1) 8+. 12tension o$ #emporar/ In8unction (Section-1*1) 8*. 6ondone dela/ $or (ring =R>s on record (Sec-* o$ =imitation Act) 8&. O$$icial ?aDette noti$ication in Ne.s paper (I.6. 6ase) (Section- ,+(1) o$ t%e Pro)incial Insol)enc/ Act-10"!) 8,. ;aking o)er suits to principal court (section 0 o$ ci)il courts act) 11! 11' 11, 1"1 1"& 1", 1", 1"8 1"8 1"0 1'! 1'1 1'+ 1', 1'0 1+1 1+1 1+1 1+1 1++ 1+& 1+8 1*! 1*" 1** 1** 1*, 1&! 1&'
&!. 3e$endant claiming In8unction against plainti$$ (Order-'0 Rule-1 and ") 1""
,". Permission to depositing t%e Arrears o$ Rents56laim amount (Section-1*1)1+1
,,. Set aside orders datedB. : permit to $ile counter5repl/ etc (Section-1*1) 1+"
--3emo4s Inde!-3emos 1. Adoption memo 2. 6** and Cost memo /. 3emo or intimation o death 0. 3emo or no o&$ection 1. 3emo o Appearance 2. 5ot press memo 7. Re er to :o% Adalath 7. ;.I. compliance 8. <nderta%ing to ile =a%alath States in Court ProceedingsRe"enue &rie >no#ledgePage 5os. 120 122 127 128 179 171 172 170 172 Page 5os. 177 Page 5os.
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1. Strike out or add parties (Impleading application) (O-1, R-10(2)) 6ivil Procedure 6ode $9% + :*,5* I :rder>$+ *ule $%?#@ 6ourt -ay stri.e out or add parties.>
The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name, of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. Important while impleading: rder!", #ule "$ %&' (ubject to the provisions of the Indian )imitation *ct, "+,, %"& of "+,,', section --, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.
IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

:.). No. AAA.BAAAA. Bet'een:
....... >AN,> ........ !!! 1efendant0s !!! /laintiff0s
I.A. NoAA..
Bet'een:
........... >AN,> >>> >>> ApplicantBs :pponentBs
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Application 6iled on Aehal o the ApplicantBsBPlainti BsBde endantBs under Crder-1, Rule-19(2) RB, Section-111 o Ci"il Procedure Code.
2or the reasons mentioned in the accompanying affidavit it is prayed that the 3on4ble Court may be pleased to add opponent0s 5o.. as 1efendant0s 5o.... in the above case as mentioned below, their0his0her presence is necessary for effectual and complete adjudication of all the questions involved in the above suit, which would meet the ends of justice. Proposed 3e$endant No B.:
SmtBSri. @@@@.,
w0o.(0o....., *ged about .., 3indu06uslim, 7orking0occupation...., *ddress......
DatePlaceAd)ocate $or Applicant5s5Plainti$$5s5de$endant5s
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::A((idavit o( the Applicant NoA. ::

I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 8. The averments made in the plaint may be read as part of this affidavit to avoid the repetition. 4. {Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} &. 3ence the opponent 5o... to be added as 1efendants 5o. .. for just complete and effectual decision in the above suit. 9. If the opponent 5o... are added as defendant0s 5o.... in the above suit, no prejudice will be caused to the other defendants who are already on record, otherwise i0we will be put to great hardship, irreparable loss and injury. ,. 3ence, we pray that the 3on4ble court may be pleased to add opponent0s 5o... as defendant0s 5o. . in the above suit, in the interest of justice and equity.
Identified by me Advocate Deponent efore me!
Sworn to and signed/Ltm before me at on this day of month Year
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2. Transpose a plaintiff to the position of a defendant (O-1, R-10(6))
CRD*R I- PAR;I*S C6 S<I;S (;E* 6IRS; SCE*D<:*) ;E* 6IRS; SCE*D<:* Rule- 1. ,ho may &e $oined as plainti s. All persons may &e $oined in one suit as plainti s #here(a) any right to relie in respect o , or arising out o , the same act or transaction or series o acts or transactions is alleged to e!ist in such persons, #hether $ointly, se"erally or in the alternati"eF and (&) i such persons &rought separate suits, any common Guestion o la# or act #ould arise.' EIHE CC<R; A3*5D3*5; >arnata%a-In Crder I, in rule 19, a ter su&-rule (1), insert the ollo#ing su&-rule, namely-+2. ;he Court may on the application o any party and a ter notice to the other parties a ected &y the application and on such terms and conditions as it may impose, transpose a plainti to the position o a de endant or su&$ect to the pro"isions o the su&-rule (/), a de endant to the position o a plainti .+ (#.e. . /9-/-1827)
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M.7.6.B:.). No. AAA.BAAAA. Bet'een:
I.A. NoAA..
Bet'een:
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Application iled on &ehal o the ApplicantB@@@@.. <nder

Order-1 rule-1! (&)and R5. Section-1*1 o$ 6i)il Procedure 6ode:
6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le court may &e pleased to transpose the Respondent 5o.2Bde endant 5o. 2 to the position o a Petitioner 5o./BPlainti 5o. / in the a&o"e case, #hich #ould meet the ends o $ustice.
DatePlaceAd"ocate or Applicant
1/

M.7.6.B:.). No. AAA.BAAAA. Bet'een:

I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows:
1.
I am the Respondent 5o@. in the a&o"e case and as such I am ully con"ersant #ith the acts o the case.
{Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} 2. Recently I ha"e impleaded as Respondent 5o.2 in the a&o"e case and I am the mother o the deceased Sharanappa and I am the legal heir o the deceased, I am entitled or ull compensation #hich is going to a#ard in the a&o"e case. 6urther it is rele"ant to su&mit that the Petitioner 5o.1 is no# residing #ith her second hus&and Dadapeer at >oppal, &ut iled this case or compensation alsely and she is not entitled or compensation. I am old aged and legal heir o the deceased. ;here ore it is "ery necessary to transpose me as a petitioner 5o./ to get compensation in the a&o"e case. I the Eon4&le court allo#ed my application no harm #ill &e caused to the Petitioners and Respondent 5o.1. I not allo#ed I #ill &e put to great hardship, loss and in$ury. ;here ore, I pray that the Eon4&le court may &e pleased to transpose me to the position o a Petitioner 5o./Bplainti 5o@. in the a&o"e case, #hich #ould meet the ends o $ustice Identi ied &y me,
/.
0.
1.
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3. S !stit ted ser"ice (paper p !lication) (O-#, R-20(1$))

6ivil Procedure 6ode $9% + :*,5* 7 I))95 AN, )5*7I65 :; )9MM:N) #ule: -$. (ubstituted service
%"' 7here the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affi:ing a copy thereof in some conspicuous place in the Court!house, and also upon some conspicuous part of the house %if any' in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit. $ ?lA@ 3here the 6ourt actin/ under sub>rule ?$@ orders service by an advertise-ent in a ne'spaper+ the ne'spaper shall be a daily ne'spaper circulatin/ in the locality in 'hich the de(endant is last .no'n to have actually and voluntarily resided+ carried on business or personally 'or.ed (or /ain.C %-' ;ffect of substituted service<(ervice substituted by order of the Court shall be as effectual as if it had been made on the defendant personally. %8' 7here service substituted, time for appearance to be fi:ed<7here service is substituted by order of the Court, the Court shall fi: such time for the appearance of the defendant as the case may require.
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I.A. NoAA..
Bet'een:
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Application 6iled on Aehal o the ApplicantBsBPlainti BsBde endantBs under Crder-1, Rule-29 (1A) RB, Section-111 o Ci"il Procedure Code.
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eonora&le Court may &e pleased to order to issue notice to the last %no#n address o the Cpponent 5o. 1 and 2 &y #ay o Paper Pu&lication in daily >annada 5e#spaper namely E1e Namma Fannada NaduG #hich is #idely circulated #here the Cpponents are residing, in the interest o Iustice. .
DatePlaceAd)ocate $or Applicant5s5Plainti$$5s
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I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 8. The averments made in the plaint may be read as part of this affidavit to avoid the repetition. {Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} 0. I ha"e ta%en out the notice to the Cpponents through court and also &y R.P.A.D. &ut Cpponents4 5o. 1 and 2 inspite o residing in the same address, #ill ully and deli&erately e"ading to recei"e the notice issued &y the Eon4&le Court #ith a mala ide intention. 1. Inspite o &est e orts made &y me the summons #ere not ser"ed to the a&o"e named de endants. <nder the a&o"e stated circumstances I ha"e &een ad"ised to ile an application to ta%e out notice &y #ay o su&stituted ser"ice, more particularly too% notice &y #ay o Paper Pu&lication to the last %no#n address o the said Cpponents 5o. 1 and 2. 2. ;here ore I pray that the Eonora&le Court may &e pleased to order to issue notice to the last %no#n address sho#n in the suit to the Cpponents 5o. 1 and 2 &y #ay o Paper Pu&lication in daily >annada 5e#spaper namely E1e Namma Fannada NaduG #hich is #idely circulated #here the de endant is residing, #hich #ould meet the ends o Iustice.
Identified by me Advocate
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Deponent efore me!
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%. $mendment of pleadings (O-6, R-1&)

6ivil Procedure 6ode $9% + :*,5* 7I P85A,IND) D5N5*A88= ?&H5 ;I*)& )6H5,985@ *ule>$<. A-end-ent o( pleadin/s.>
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. /rovided 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.
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I.A. NoAA..
Bet'een:
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Application iled on &ehal o the ApplicantBPlainti under Crder-=1, Rule-17, and RB# Sec-111 o C.P.C4or t%e reasons mentioned in t%e accompan/ing a$$ida)it it is pra/ed t%at t%e 7on>(le court ma/ (e pleased to amend t%e plaint5.ritten statement as under in t%e interest o$ 8ustice and e<uit/. Proposed amendment1. Add At page 5o./ a ter #ord JScheduleK ollo#ing to &e added-: BBBBBBBBBBmention %ere 2. delete At page 5o.0 at a ter Jcompletion o para particulars ollo#ing to &e addedBBBBBBBBBBmention %ere DatePlaceAd)ocate $or Applicant5s5Plainti$$5s5de$endant5s
18 IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ........., do hereby solemnly affirm and state on oath as follows: ". I am the applicant herein and plaintiff 5o." in the above suit as such I am fully conversant with the facts of the case. -. I along with my elder sister i.e., plaintiff 5o. - filed this suit for partition and separate possession of the suit schedule properties. 8. The averments made in the plaint may be read as part of this affidavit to avoid the repetition. 4. {Note: reasons has to be mentioned here.} &. ;arlier by mistake and inadvertence, 3ence, we advised to file this amendment application. The amendment of the plaint is very necessary and proper to adjudicate of the suit. 9. The proposed amendments are necessary to adjudicate the matter in controversy and to clinch the matter in dispute between the parties. =nder the above said circumstances, we advised to file the application for amending our plaint. ,. 6oreover, the said proposed amendment to our plaint will not change the nature of the suit or the cause of action and the amendment is not barred by time, or not barred by any limitation. The said amendment will definitely clinch the suit and disprove the case of the defendants. +. If the 3on4ble Court does not pleased to permit us to add such vital and material points in our plaint by way of permitting us to amend our plaint, we will put to great hardship, loss, injury, and our legal rights will be jeopardi>ed. 7hereas on the other hand if our application is allowed other side will not be put to such hardship, loss and injury. ?. 3ence, we pray that the 3on4ble court may be pleased to amend the plaint as sought in the *pplication, in the interest of justice and equity.
Identified by me Advocate Deponent

efore me!
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21 #. 'ithdra( the s it to present it !efore proper co rt (O-&, R-10(a))

OR31R @II P=AIN# Rule- 19. Return o plaint
(1) 1.Su&$ect to the pro"isions o rule 19A, the plaint shall' at any state o the suit &e returned to &e presented to the Court in #hich the suit should ha"e &een instituted. 2.*!planation.L6or the remo"al o dou&ts, it is here&y declared that a Court o appeal or re"ision may direct, a ter setting aside the decree passed in a suit, the return o the plaint under this su&-rule.' (2) procedure on returning plaintLCn returning a plaint, the Iudge shall endorse thereon the date o its presentation and return, the name o the party presenting it, and a &rie statement o the reasons or returning it. 1.19A. Po#er o Court to i! a date o appearance in the Court #here plaint is to &e iled a ter its return (1) ,here, in any suit, a ter the de endant has appeared, the Court is o opinion that the plaint should &e returned, it shall, &e ore doing, so, intimate its decision to the plainti . (2) ,here an intimation is gi"en to the plainti under su&-rule (1), the plainti may ma%e an application to the CourtL (a) speci ying the Court in #hich he proposes to present the plaint a ter its return, (&) praying that the Court may i! a date or the appearance o the parties in the said Court, and (c) reGuesting that the notice o the date so i!ed may &e gi"en to him and to the de endant. (/) ,here an application is made &y the plainti under su&-rule (2), the Court shall, &e ore returning the plaint and not#ithstanding that the order or return o plaint #as made &y it on the ground that it has no $urisdiction to try the suit,L (a) i! a date or the appearance o the parties in the Court in #hich the plaint is proposed to &e presented, and (&) gi"e to the plainti and to the de endant notice o such date or appearance. (0) ,here the notice o the date or appearance is gi"en under su&-rule (/),L (a) it shall not &e necessary or the Court in #hich the plaint is presented a ter its return, to ser"e the de endant #ith a summons or appearance in the suit, unless that Court, or reasons to &e recorded other#ise directs, and (&) the said notice shall &e deemed to &e a summons or the appearance o the de endant in the Court in #hich the plaint is presented on the date so i!ed &y the Court &y #hich the plaint #as returned. (1) ,here the application made &y the plainti under su&-rule (2) is allo#ed &y the Court, the plainti shall not &e entitled to appeal against the order returning the plaint.
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IN #71 7ON>H=1 6OCR# O4 BBBBBBBBBBBB.. A# BBBBBBBBB..

O.S. No. BBB.5BBBB. Het.een:
@@@@@@@ -AN3@@@@@@.. --De endantBs --Plainti Bs
I.A. NoBB..
Het.een:
@@@@@@@@@@. -AN3----Applicant5s Opponent5s
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Application $iled on (e%al$ o$ t%e Applicant5Plainti$$ under Order-@II Rule-1! (a) R5. Sec-1*1 o$ 6.P.6.:
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon'&le Court may &e pleased to permit the Applicant to #ithdra# the a&o"e suit to present it &e ore the proper court i.e., Eon4&le Principal Ci"il Iudge (Sr.Dn), Aellary in the ends o $ustice and eGuity.
2/

::A$$ida)it o$ t%e Applicant NoB. :: I" " #/o Sri! !!" Aged abo$t !years" %ind$" wor&ing as !!" '/o !!" do hereby so(emn(y affirm and state on oath as fo((ows)
1. I am the applicantB5o.. here in and plainti @ in the a&o"e case and as such #e are ully con"ersant #ith the acts o the case. 2. ;he a"erments made in my plaint may &e read as part and parcel o this a ida"it to a"oid repetition. /. I ha"e iled the a&o"e suit against the de endant or @@@@@@@@@@.
{Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} 0. I the Eon4&le Court does not permit me ta%e &ac% and order or presenting the suit to the proper court I along #ith the other plainti Bs #ill &e put to total loss, in$ury and hardship and myBour hard ought litigation #ill &e in "ain and our rights #ill also &e put in to $eopardy and #e may also loose in iling a resh suit once again and it #ould &e eGuita&le and $usti ia&le
1. Eence I pray that the Eon4&le court may &e pleased to permit the Applicant to #ithdra# the a&o"e suit to present it &e ore the proper court i.e., Eon4&le Principal Ci"il Iudge (Sr.Dn), Aellary in the ends o $ustice and eGuity.
----------
20
6. )rod ction of doc ments !* the plaintiff (O-&, R-1%(2(+)))

6ivil Procedure 6ode $9% + :*,5* 7II :*,5* 7II > P8AIN& ?&H5 ;I*)& )6H5,985@ ,ocu-ents relied on in plaint
"@"A. /roduction of document on which plaintiff sues or relies %"' 7here 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. %-' 7here 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. -@%8' * 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 anne:ed 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.BC %A' 5othing in this rule shall apply to document produced for the cross e:amination of the plaintiffs witnesses, or, handed over to a witness merely to refresh his memory.B
21

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application iled on &ehal o the ApplicantBPlainti <nder Crder-=II, Rule-10 ("('))o the Code o Ci"il Procedure6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le Court may &e pleased to recei"e the documents #hich are mentioned in the separate list produced herein, on record, &y condoning the delay i any, in the interest o Iustice.
22


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: 1. As I am the plainti herein and as such I am ully con"ersant #ith the acts and circumstances o the a&o"e case. 2. ;he a&o"e case is stands posted on or e"idence o the plainti . In spite o my due diligence I could not produced the documents #hich are mentioned in the separate list herein. {Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} /. ;he said documents #ere traced out recently, ailure to produce said documents earlier at the rele"ant stage is my &ona ide mista%e and not ha"ing any intentional one. 0. ;he said documents are "ery essential and material to pro"e my case and dispro"e the case o the Plainti . 1. I the Eon4&le Court does not permit me to produce the said documents in the a&o"e case, I #ould &e de initely put to great hardship, loss and in$ury, #hereas i my application is allo#ed other side #ill not &e put to such hardship or pre$udice. 2. Eence, it is prayed that the Eon4&le Court may &e pleased to recei"e the documents, #hich are mentioned in the separate list produced herein, &y me on record, &y condoning the delay i any, in the interest o Iustice.
----------
Deponent efore me!
27
&. )rod ction of doc ments !* the defendant (O-,, R-1($))

6ivil Procedure 6ode $9% + :*,5* 7III :*,5* 7III >3*I&&5N )&A&5M5N&+ )5&>:;; AN, 6:9N&5*> 68AIM ?&H5 ;I*)& )6H5,985@
#ule: "*. 1uty of defendant to produce documents upon which relief is claimed or relied upon by him %"' 7here 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. %-' 7here any such document is not in possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is. -%8' * 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.B. %A' 5othing in this rule shall apply to documents< %a' produced for the cross!e:amination of the plaintiffDs witnesses, or %b' handed over to a witness merely to refresh his memory. B
27

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application iled on &ehal o the ApplicantBDe endant <nder Crder-=III, Rule-1-A o the Code o Ci"il Procedure6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le Court may &e pleased to recei"e the documents #hich are mentioned in the separate list produced herein, on record, &y condoning the delay i any, in the interest o Iustice.
DatePlaceAd)ocate $or Applicant5s5de$endant5s
28


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: 1. As I am the De endant herein and as such I am ully con"ersant #ith the acts and circumstances o the a&o"e case. 2. ;he a&o"e case is stands posted on or e"idence o the de endant In spite o my due diligence I could not produced the documents #hich are mentioned in the separate list herein. {Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} /. ;he said documents #ere traced out recently, ailure to produce said documents earlier at the rele"ant stage is my &ona ide mista%e and not ha"ing any intentional one. 0. ;he said documents are "ery essential and material to pro"e my case and dispro"e the case o the Plainti . 1. I the Eon4&le Court does not permit me to produce the said documents in the a&o"e case, mysel and other de endants #ould &e de initely put to great hardship, loss and in$ury, #hereas i my application is allo#ed other side #ill not &e put to such hardship or pre$udice. 2. Eence, it is prayed that the Eon4&le Court may &e pleased to recei"e the documents, #hich are mentioned in the separate list produced herein, &y me on record, &y condoning the delay i any, in the interest o Iustice.
Identi ied &y me
Ad"ocate
Deponent
efore me!
---------
/9
,. Restore the s it dismissed for non pa*ment of process fee and dismiss for defa lt (O--, R-%)
OR31R IA APP1ARAN61 O4 PAR#I1S AN3 6ONS1IC1N61 O4 NON-APP1ARAN61 Rule-+. Plainti$$ ma/ (ring $res% suit or 6ourt ma/ restore suit to $ile. ,here a suit is dismissed under rule 2 or rule /, the plainti may (su&$ect to the la# o limitation) &ring a resh suit, or he may apply or an order to set the dismissal aside, and i he satis ies the Court that there #as su icient cause or 1.such ailure as is re erred to in rule 2', or or his non-appearance, as the case may &e, the Court shall ma%e an order setting aside the dismissal and shall appoint a day or proceeding #ith the suit. ----------------
/1
-. Set aside ./-parte orders (O--, R-&)

:*,5* IE. > APP5A*AN65 :; PA*&I5) AN, 6:N)5F95N65 :; N:N>APP5A*AN65 ?&H5 ;I*)& )6H5,985@ :*,5* IE
:*,5* IE+ *ule><. /rocedure where defendant appears on day of adjourned hearing and assigns good cause for previous non!appearance. 7here the Court has adjourned the hearing of the suit e:!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, fi:ed for his appearance.
/2

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application iled on &ehal o the ApplicantBDe endant <nder Crder-IM, Rule-7, o Code o Ci"il Procedure6or the reasons mentioned in the accompanying A ida"it, it is prays that the Eon4&le Court may &e pleased to set aside the e!-parte orders passed &y this Eon4&le court against this applicantBde endant on @@@@@, #hich #ould meet the ends o $ustice. DatePlaceAd)ocate $or Applicant5s5de$endant5s
//

A$$ida)it o$ t%e Applicant: I, @@@@@@@@@..SBo. @@@@@@@, aged a&out @@.years, Eindu, agriculturist, RBo ;horanagal "illage, Aellary talu% and District, no# come o"er to Aellary, do here&y on solemn a irmation state on oath as ollo#s1. I am the De endant in the a&o"e case and as such I am ully con"ersant #ith the acts and circumstances o the case.
2. ;he a&o"e case is stands posted on @@@@. or my appearance.
5ote- {Note: reasons has to be mentioned here as per your case fact
and circumstances to allow your application.}

/. @@@@@@@@@@@@@@@@@@ 0. I ha"e got a good case to de end the plainti in the said case and my pre"ious non appearance &e ore this court is not intentional one &ut ha"ing the a&o"e said reasons. 1. I my application #ill &e allo#ed no pre$udice #ill &e caused to other side moreo"er it helps to ad$udicate the matter completely and i my application #ill not &e allo#ed then I #ill &e put to great hardship and loss. 2. Eence, &y considering the said acts, I prays that the Eon4&le Court may &e pleased to set aside the e!-parte orders passed &y this Eon4&le court against this applicantBde endant on @@@@@, #hich #ould meet the ends o $ustice. Identi ied &y me
Ad"ocate.
Deponent.
efore me!
----------
/0
10. Set aside the ./ )arte 0ecree (O--, R-1+)

:*,5* IE. > APP5A*AN65 :; PA*&I5) AN, 6:N)5F95N65 :; N:N>APP5A*AN65 ?&H5 ;I*)& )6H5,985@ :*,5* IE
:*,5* IE+ *ule><. /rocedure where defendant appears on day of adjourned hearing and assigns good cause for previous non!appearance. 7here the Court has adjourned the hearing of the suit e:!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, fi:ed for his appearance.
/1

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application iled on &ehal o the ApplicantBDe endant <nder Crder-IM, Rule-7, o Code o Ci"il Procedure6or the reasons mentioned in the accompanying A ida"it, it is prays that the Eon4&le Court may &e pleased to set aside the e!-parte orders passed &y this Eon4&le court against this applicantBde endant on @@@@@, #hich #ould meet the ends o $ustice. DatePlaceAd)ocate $or Applicant5s5de$endant5s
/2

A$$ida)it o$ t%e Applicant: I, @@@@@@@@@..SBo. @@@@@@@, aged a&out @@.years, Eindu, agriculturist, RBo ;horanagal "illage, Aellary talu% and District, no# come o"er to Aellary, do here&y on solemn a irmation state on oath as ollo#s1. I am the De endant in the a&o"e case and as such I am ully con"ersant #ith the acts and circumstances o the case.
2. ;he a&o"e case is stands posted on @@@@. or my appearance.
{Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.}
/. @@@@@@@@@@@@@@@@@@ 0. I ha"e got a good case to de end the plainti in the said case and my pre"ious non appearance &e ore this court is not intentional one &ut ha"ing the a&o"e said reasons. 1. I my application #ill &e allo#ed no pre$udice #ill &e caused to other side moreo"er it helps to ad$udicate the matter completely and i my application #ill not &e allo#ed then I #ill &e put to great hardship and loss. 2. Eence, &y considering the said acts, I prays that the Eon4&le Court may &e pleased to set aside the e!-parte orders passed &y this Eon4&le court against this applicantBde endant on @@@@@, #hich #ould meet the ends o $ustice. Identi ied &y me
Ad"ocate.
Deponent.
efore me!
-----------
/7
11.1or 0isco"er* !* Interrogatories (O-11, R-1)

CRD*R MI DISCC=*RN A5D I5SP*C;IC5 Rule- 1. Disco"ery &y interrogatories In any suit the plainti or de endant &y lea"e o the Court may deli"er interrogatories in #riting or the e!amination o the opposite parties or any one or more o such parties and such interrogatories #hen deli"ered shall ha"e a note at the oot thereo stating #hich o such interrogatories each o such persons is reGuired to ans#er- Pro"ided that no party shall deli"er more than one set o interrogatories to the same party #ithout an order or that purpose - Pro"ided also that interrogatories #hich do not relate to any matters in Guestion in the suit shall &e deemed irrele"ant, not#ithstanding that they might &e admissi&le on the oral cross-e!amination o a #itness.
222222222222222222222222222 12.1or 0isco"er* of 0oc ments (O-11, R-12)

CRD*R MI DISCC=*RN A5D I5SP*C;IC5 Rule- 12. Application or disco"ery o documents Any party may, #ithout iling any a ida"it, apply to the Court or an order directing any other party to any suit to ma%e disco"ery on oath o the documents #hich are or ha"e &een in his possession or po#er, relating to any matter in Guestion therein. Cn the hearing o such application the Court may either re use or ad$ourn the same, i satis ied that such disco"ery is not necessary, or not necessary at that stage o the suit, or ma%e such order, either generally or limited to certain classes o documents, as may, in its discretion &e thought itPro"ided that disco"ery shall not &e ordered #hen and so ar as the Court shall &e o opinion that it is not necessary either or disposing airly o the suit or or sa"ing costs.
2222222222222222222222222222
/7
1+.1or Inspection of 0oc ments (O-11, R-1,(1))

OR31R AI 3IS6O@1RJ AN3 INSP16#ION Rule-18. Order $or inspection
(1) ,here the party ser"ed #ith notice under rule 11 omits to gi"e such notice o a time or inspection or o&$ects to gi"e inspection, or o ers inspection else#here than at the o ice o his pleader, the Court may, on the application o the party desiring it, ma%e an order or inspection in such place and in such manner as it may thin% itPro"ided that the order shall not &e made #hen and so ar as the Court shall &e o opinion that, it is not necessary either or disposing airly o the suit or or sa"ing costs. (2) Any application to inspect documents, e!cept such as are re erred to in the pleadings, particulars or a ida"its o the party against #hom the application is made or disclosed in his a ida"it o documents, shall &e ounded upon an a ida"it sho#ing o #hat documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or po#er o the other party. ;he Court shall not ma%e such order or inspection o such documents #hen and so ar as the Court shall &e o opinion that it is not necessary either or disposing airly o the suit or or sa"ing costs.
/8
. $pplication 4or Impounding o$ 3ut/ and Penalt/
(Sec. '+ and '* o$ Stamp Act R5. O-1' R-' + R5. Sec. 1*1 o$ 6.P.6) #1;# EIII /# 1=CTI 5, I6/ =51I5F *51 #;T=#5 2 1 C=6;5T( #ule: 8. #ejection of irrelevant or inadmissible documents
The Court may at any stage of the suit reject any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such rejection.
#ule: A. ;ndorsements on documents admitted in evidence

%"' (ubject to the provisions of the ne:t 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 Gudge. %-' 7here 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 ne:t following rule, the particulars aforesaid shall be endorsed on the copy and the endorsement thereon shall be signed or initialled by the Gudge.
09

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application $iled on (e%al$ o$ t%e Applicant53e$endant under Order AIII Rules ' and + read .it% Sec. 1*1 o$ 6. P.6 6or the reasons mentioned in the accompanied a ida"it, it is prayed that the Eon4&le Court &e pleased to direct the plainti BCpponent to pay duty and penalty o Rs@@. &y impounding the *!hi&it P-2 and *!hi&its P-document &y deciding the admissi&ility o the alleged documents in e"idence, in the interest o $ustice.
DatePlaceAd)ocate $or Applicant5s5de$endant5s
01


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: I am the applicant05o.. herein and defendant in the above suit as such we are fully conversant with the facts of the suit. {Note: who have filed above case and what is your main relief has to be mentioned here.} The averments made in the written statement may be read as part of this affidavit to avoid the repetition. {Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.}
;here ore, it is prayed that the Eon4&le court &e pleased to direct the plainti to pay duty and penalty o Rs. @@@@@.. &y impounding the suit document ie., @@@.. dated MM-MM-MMMM, in the interest o $ustice.
-----------
02
11.1or Ret rn of 0oc ments (hile s it pending (O-1+, R--)

OR31R AIII PRO3C6#ION I;POCN3IN? AN3 R1#CRN O4 3O6C;1N#S RuleK 0. Return o$ admitted documents (1) An/ person .%et%er a part/ to t%e suit or not desirous o$ recei)ing (ack an/ document produced (/ %im in t%e suit and placed on t%e record s%all unless t%e document is impounded under rule 8 (e entitled to recei)e (ack t%e same (a) .%ere t%e suit is one in .%ic% an appeal is not allo.ed .%en t%e suit %as (een disposed o$ and (() .%ere t%e suit is one in .%ic% an appeal is allo.ed .%en t%e 6ourt is satis$ied t%at t%e time $or pre$erring an appeal %as elapsed and t%at no appeal %as (een pre$erred or i$ an appeal %as (een pre$erred .%en t%e appeal %as (een disposed o$: 1LPro)ided t%at a document ma/ (e returned at an/ time earlier t%an t%at prescri(ed (/ t%is rule i$ t%e person appl/ing t%ere$ore(a) deli)ers to t%e proper o$$icer $or (eing su(stituted $or t%e original (i) in t%e case o$ a part/ to t%e suit a certi$ied cop/ and (ii) in t%e case o$ an/ ot%er person an ordinar/ cop/ .%ic% %as (een e2amined compared and certi$ied in t%e manner mentioned in su(-rule (") o$ rule 1, o$ Order @II and (() undertakes to produce t%e original i$ re<uired to do so :M Pro)ided also t%at no document s%all (e returned .it% (/ $orce o$ t%e decree %as (ecome .%oll/ )oid or useless. (") On t%e return o$ a document admitted in e)idence a receipt s%all (e gi)en (/ t%e person recei)ing it.
0/
16.0oc ment Ret rn $pplication (O-1+, R--)
00

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application filed on behalf of the Applicant/. Under Order-XIII, Rule-9 of C.P.C:

6or the reasons mentioned in the accompanying 3emorandum o 6acts, it is prayed that the Eon4&le Court &e pleased to order or the return o the documents i.e., *!.P-1 to *!.P-1, #hich #ould meet the ends o $ustice.
01


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 3. {Note: reasons has to be mentioned here.} 0. ;he a&o"e suit has &een iled &y the plainti against the de endants see%ing the relie o possession o the suit property and the said suit has &een decreed in a"our o the plainti #ith cost on 22-98-2997. 1. ;here is no appeal is pending or pre erred against the said decree and $udgment and the appeal period is also elapsed. 2. ;he Plainti reGuires the original documents #hich are iled in the a&o"e suit i.e., *!.P-1, *!.P-1-. ;he plainti &eing su&stituted the certi ied copies or the originals o the said documents. 7. Eence, it is prayed that the Eon4&le Court &e pleased to order or the return o the documents i.e., *!.P-1 to *!.P-1, &y su&stituting the certi ied copies o the same, #hich #ould meet the ends o $ustice.
Deponent efore me!
------------
02
17.1or Ret rn of 0oc ments after disposal of s it (O-1+, R--(1)) OR31R AIII PRO3C6#ION I;POCN3IN? AN3 R1#CRN O4 3O6C;1N#S Rule: 0. Return o$ admitted documents (1) An/ person .%et%er a part/ to t%e suit or not desirous o$ recei)ing (ack an/ document produced (/ %im in t%e suit and placed on t%e record s%all unless t%e document is impounded under rule 8 (e entitled to recei)e (ack t%e same (a) .%ere t%e suit is one in .%ic% an appeal is not allo.ed .%en t%e suit %as (een disposed o$ and (() .%ere t%e suit is one in .%ic% an appeal is allo.ed .%en t%e 6ourt is satis$ied t%at t%e time $or pre$erring an appeal %as elapsed and t%at no appeal %as (een pre$erred or i$ an appeal %as (een pre$erred .%en t%e appeal %as (een disposed o$: 1LPro)ided t%at a document ma/ (e returned at an/ time earlier t%an t%at prescri(ed (/ t%is rule i$ t%e person appl/ing t%ere$ore(a) deli)ers to t%e proper o$$icer $or (eing su(stituted $or t%e original (i) in t%e case o$ a part/ to t%e suit a certi$ied cop/ and (ii) in t%e case o$ an/ ot%er person an ordinar/ cop/ .%ic% %as (een e2amined compared and certi$ied in t%e manner mentioned in su(-rule (") o$ rule 1, o$ Order @II and (() undertakes to produce t%e original i$ re<uired to do so :M Pro)ided also t%at no document s%all (e returned .it% (/ $orce o$ t%e decree %as (ecome .%oll/ )oid or useless. (") On t%e return o$ a document admitted in e)idence a receipt s%all (e gi)en (/ t%e person recei)ing it.
07
1,.Sent records from another co rt (O-1+, R-10(1))

OR31R AIII PRO3C6#ION I;POCN3IN? AN3 R1#CRN O4 3O6C;1N#S Rule-1L1. Original documents to (e produced at or (e$ore t%e settlement o$ issues (1) #%e parties or t%eir pleader s%all produce on or (e$ore t%e settlement o$ issues all t%e documentar/ e)idence o$ in original .%ere t%e copies t%ereo$ %a)e (een $iled along .it% plaint or .ritten statement. (") #%e 6ourt s%all recei)e t%e documents so produced Pro)ided t%at t%e/ are accompanied (/ an accurate list t%ereo$ prepared in suc% $orm as t%e 7ig% 6ourt directs. (') Not%ing in su(-rule (1) s%all appl/ to documents (a) produced $or t%e cross-e2amination o$ t%e .itnesses o$ t%e ot%er part/ or (() %anded o)er to a .itness merel/ to re$res% %is memor/.M
07
1-.$mendment of Iss es (O-1%, R-#)

OR31R AI@ S1##=1;1N# O4 ISSC1S AN3 31#1R;INA#ION O4 SCI# ON ISSC1S O4 =A- OR ON ISSC1S A?R113 CPON Rule-*. Po.er to amend and strike out issues. (1) #%e 6ourt ma/ at an/ time (e$ore passing a decree amend t%e issues or $rame additional issues on suc% terms as it t%inks $it and all suc% amendments or additional issues as ma/ (e necessar/ $or determining t%e matters in contro)ers/ (et.een t%e parties s%all (e so made or $ramed. (") #%e 6ourt ma/ also at an/ time (e$ore passing a decree strike out an/ issues t%at appear to it to (e .rongl/ $ramed or introduced.M
08
20.$pplication for framing of $dditional Iss es (O-1%, R-#, 2(2))

#1;# EIH (;TT);6;5T 2 I((=;( *51 1;T;#6I5*TI 5 I((=;( 2 )*7 # 5 I((=;( *F#;;1 =/ 5 2 (=IT 5
*ule: #. 6ourt to pronounce jud/-ent on all issues

%"' 5otwithstanding that a case may be disposed of on preliminary issue, the Court shall, subject to the provisions of sub!rule %-', pronounce judgment on all issues. %-' 7here 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.B
@&. /ower to amend, and strike out, issues.

%"' 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. %-' 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.B
19

I.A. NoAA..
Bet'een:
........... >AN,> >>> ApplicantBs
@@@@@@@@@ >>> :pponentBs Application iled on &ehal o the ApplicantB@@@@.. <nder CrderMI=, Rule-1 O 2(2) RB# Section-111 o Code o Ci"il Procedure-
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le Court may &e pleased to rame the additional issues as descri&ed herein &elo# and to &e heard as preliminary issues, #hich #ould meet the ends o $ustice. Additional Issues to &e ramed. ,hether the De endant 5o.1 pro"es that the suit is not maintaina&le or plainti not &rought entire ancestral properties on record as contended &y them in para 5o.7 and 19(a) o ,.S.P
DatePlaceAd"ocate or ApplicantB
11


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows:
1.
I am the applicant and de endant@. in the a&o"e case and as such I am ully con"ersant #ith the acts o the case.
{Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} as plaintiff left the some of the properties and not taken on the record with an malafied intention 2. Eence, to rame the additional issue a&out the said pleadings #hich are descri&ed in the accompanying plaint, #hich are "ery much necessary or determining the matters in contro"ersy &et#een the parties. /. Eence, i my application is not allo#ed I and other de endants 5o.1 and 2 are put to great hardship, loss and in$ury #hereas i my application is allo#ed other side #ill not &e put to such hardship, loss and in$ury. 0. Eence, &y considering the a&o"e acts, it is prayed that the Eon4&le Court may &e pleased to rame the additional issues #hich are clearly mentioned in the accompanying application and hear them as preliminary issues, #hich #ould meet the ends o $ustice.
12
21.(itness list, cite and s mmon application (O-16, R-1,+,6)

6ivil Procedure 6ode $9% + :*,5* E7I )9MM:NIND AN, A&&5N,AN65 :; 3I&N5))5)
#ule: ". )ist of witnesses and summons to witnesses %"' n or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a 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. %-' * 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. %8' 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 %"', if such part shows sufficient cause for the omission to mention the name of such witness in the said list. %A' (ubject to the provisions of sub!rule %-', 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 -@Court in this behalf within five days of presenting the list of witnesses under sub!rule %"'B.B :*,5* E7I )9MM:NIND AN, A&&5N,AN65 :; 3I&N5))5) !. )u--ons to produce docu-ent *ny 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. :*,5* E7I )9MM:NIND AN, A&&5N,AN65 :; 3I&N5))5)
Rule-7A. Summons gi"en to party or ser"ice (1) ;he Court may, on the application o any party or the issue o a summons or the attendance o any person, permit such party to e ect ser"ice o such summons on such person and shall, in such a case, deli"er the summons to such party or ser"ice. (2) ;he ser"ice o such summons shall &e e ected &y or on &ehal o such party &y deli"ering or tendering to the #itness personally a copy thereo signed &y the Iudge or such o icer o the Court as he may appoint in this &ehal and sealed #ith the seal o the Court. (/) ;he pro"isions o rules 12 and 17 o Crder = shall apply to a summons personally ser"ed under this rule as i the person e ecting ser"ice #ere a ser"ing o icer. (+) I$ suc% summons .%en tendered is re$used or i$ t%e person ser)ed re$uses to sign and ackno.ledgement o$ ser)ice or $or an/ reason suc% summons cannot (e ser)ed personall/ t%e 6ourt s%all on t%e application o$ t%e part/ re-issue suc%
1/
summons to (e ser)ed (/ t%e 6ourt in t%e same manner as a summons to a de$endant. (1) ,here a summons is ser"ed &y a party under this rule, the party shall not &e reGuired to pay the ees other#ise chargea&le or the ser"ice o summons.'
:*,5* E7I )9MM:NIND AN, A&&5N,AN65 :; 3I&N5))5)

Rule- 1!. Procedure .%ose .itness $ails to compl/ .it% summons 1.(1) ,here a person to #hom a summons has &een issued either to attend to gi"e e"idence or to produce a document, ails to attend or to produce the document in compliance #ith such summons, the CourtL (a) shall, i the certi icate o the ser"ing o icer has not &een "eri ied &y a ida"it, or i ser"ice o the summons has &een e ected &y a party or his agent, or (&) may, i the certi icate o the ser"ing o icer has &een so "eri ied, e!amine on oath the ser"ing o icer or the party or his agent, as the case may &e, #ho has e ected ser"ice, or cause him to &e so e!amined &y any Court, touching the ser"ice or nonser"ice o the summons.' (2) ,here the Court sees reason to &elie"e that such e"idence or production is material, and that such person has, #ithout la# ul e!cuse, ailed to attend or to produce the document in compliance #ith such summons or has intentionally a"oided ser"ice, it may issue a proclamation reGuiring him to attend to gi"e e"idence or to produce the document at a time and place to &e named thereinF and a copy o such proclamation shall &e a i!ed on the outer door or other conspicuous part o the house in #hich he ordinarily resides. (/) In "ie# o or at the time o issuing such proclamation, or at any time a ter#ards, the Court may, in its discretion, issue a #arrant, either #ith or #ithout &ail, or the arrest o such person, and may ma%e an order or the attachment o his property to such amount as it thin%s it, not e!ceeding the amount o the costs o attachment and o any ine #hich may &e imposed under rule 12Pro"ided that no Court o Small Causes shall ma%e an order or the attachment o immo"a&le property.
10

:)BM76B5P. No. AAA.BAAAA. Bet'een:
....... >AN,> ........ !!! !!!
I.A. NoAA..
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(1)
Application iled on &ehal the ApplicantB@@@..under Crder-M=I, Rule-2, RB#. Section-111 o C.P.C6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le court may &e pleased to call or the entire medical records pertaining to the applicantBpetitioner rom =I3S, Eospital, Aellary, in IP 5o. /17270 (date o Admission 92-91-91), in the interest o $ustice.
(")
Application iled on &ehal the ApplicantB@@@..under Crder-M=I, Rule-2, RB#. Section-111 o C.P.C6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le Court may &e pleased to call or the salary certi icate o IudgmentDe&tor, in order to sho# that he has su icient means to pay the *P claim amount, #hich #ould meet the ends o $ustice.
11
(/)
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le Court may &e pleased to permit the Applicant to ile list o #itness as descri&ed in the separate list anne!ed herein, #hich #ould meet the ends o $ustice. (separate #itness list has to &e iled along #ith application &y disclosing the name and address and other details o the #itness. )
1. ". '. +. *. &. .itness list cite and summon application (O-1& R-1 ' &) 6all $or Records application (O-1& R-&) 6all $or Salar/ 6erti$icate (O-1& R-&) 4or summons to produce documents (O-1& R-&) 7and o)er summons (O-1& R-,(+)) -itness $ails to appear gi)e e)idence or produce documents soug%t $or (e$ore court t%en application $or .arrant (O-1& R-1!)
Application iled on &ehal o the ApplicantBplainti Bde endant <nder Crder-M=I, Rule-1(/) o Code o Ci"il Procedure-
DatePlaceAd)ocate $or Applicant5s
12

:)BM76B5P. No. AAA.BAAAA. Bet'een:
....... >AN,> ........ !!! !!!
::A((idavit o( the Applicant A. ::

I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: 1. I am the @@@@@.. in the a&o"e case and applicant herein and I %no# the acts and circumstance o the a&o"e case. ". I iled the a&o"e case or @@@@@@@@@@@.. . {Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} 3. Note: if your application is not allowed what will be !oin! to be happen to you and your case" that has to mention here.# 4. $our %rayer:
----------
Deponent efore me!
17
22. $d3o rnment $pplication (O-1&, R-1) :*,5* E7II A,0:9*NM5N&) *ule: $. 6ourt -ay /rant ti-e and adjourn hearin/
"@%"' The Court may, if 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: /rovided that no such adjournment shall be granted more than three times to a party during hearing of the suit.B %-' Costs of adjournment!In every such case the Court shall fi: a day for the further hearing of the suit and -@shall make such orders as to costs occassioned by the adjournment or such higher costs as the court deems fitB: 8@/rovided that,! %a' when the hearing of the suit has commenced, it shall be continued from day!to!day unti " all the witnesses in attendance have been e:amined, unless the Court finds that, for the e:ceptional 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, e:cept 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 e:amine or cross!e:amine 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 e:amination!in!chief or cross!e:amination of the witness, as the case may be, by the party or his pleader not present or not ready as aforesaid.B
17

I.A. NoAA..
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Application 4iled on He%al$ o$ t%e Applicant 5 BBBBBBB. Cnder Order-A@II Rule-1 R5.. Section-1*1 o$ 6i)il Procedure 6ode.
6or the reasons mentioned in the accompanying memorandum o acts it is prayed that the Eon4&le Court may &e pleased to ad$ourn the a&o"e suit rom e"idence o the de endant or a period o 19 days, #hich #ould meet the ends o $ustice and eGuity.
18

3emorandum o 6acts 6iled on Aehal o the ApplicantBDe endant 5o@It is su&mitted as ollo#s1. ;he a&o"e suit is posted on today or @@@@@@@@(mar%ing o the documents and cross o D,-@.. 2. ;he de endant 5o@.. is su ering rom *nteric e"er since rom 91-912919 and doctor ad"ised him to ta%e complete &ed rest and there ore he is not in a position to come and depose &e ore the Eon4&le court. {Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} /. ;here ore his a&sence and una&le ness to gi"e e"idence &e ore the Eon4&le court today is not an intentional one &ut ha"ing genuine reasons. 0. I the Eon4&le court not allo#ed this application Applicant along #ith other De endants #ill put to great hardship, loss and in$ury &ut i the Eon4&le court allo#ed and ad$ourn the a&o"e suit same hardship, loss and in$ury #ill not caused to the other side. 1. ;he medical certi icate issued &y the doctor is here#ith iled or the %ind perusal o the Eon4&le court. 2. ;here ore it is prayed that the Eon4&le Court may &e pleased to ad$ourn the a&o"e suit rom e"idence o the de endant or a period o 19 days, #hich #ould meet the ends o $ustice and eGuity. DatePlaceAd)ocate $or Applicant5s5Plainti$$5s5de$endant5s --------------
29
2+. ./amine (itness !efore commencement of Trail (O-1,, R-16)

OR31R A@III 71ARIN? O4 #71 SCI# AN3 1AA;INA#ION O4 -I#N1SS1S Rule-1&. Po.er to e2amine .itness immediatel/ (1) ,here a #itness is a&out to lea"e the $urisdiction o the Court, or other su icient cause is sho#n to the satis action o the Court #hy his e"idence should &e ta%en immediately, the Court may upon the application o any party or o the #itness, at any time a ter the institution o the suit, ta%e the e"idence o such #itness in manner herein &e ore pro"ided. (2) ,here such e"idence is not ta%en orth#ith and in the presence o the parties, such notice as the Court thin%s su icient, o the day i!ed or the e!amination, shall &e gi"en to the parties. (/) ;he e"idence so ta%en shall &e read o"er to the #itness, and i he admits it to &e correct, shall &e signed &y him, and the Iudge shall, i necessary, correct the same, and shall sign it, and it may then &e read at any hearing o the suit. --------
21
24.
Re-4all application (O-1,,R-1&,)
:*,5* E7III > H5A*IND :; &H5 )9I& AN, 5EAMINA&I:N :; 3I&N5))5) *ule> $<. 6ourt -ay recall and e2a-ine 'itness
The Court may at any stage of a suit recall any witness who has been e:amined and may %subject to the law of evidence for the time being in force' put such questions to him as the Court thinks fit.

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application $iled on (e%al$ o$ t%e Applicant5BBBB.. Cnder Order18 Rule-1, R5.. Section-1*1 o$ t%e 6ode o$ 6i)il Procedure:
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le Court &e pleased to recall the P.,-1BD.,-1 or the purpose o cross-e!amination, #hich #ould meet the ends o $ustice.
22 IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

:.). No. AAA.BAAAA.
Bet'een:

I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 8. The averments made in the plaint07ritten statement may be read as part of this affidavit to avoid the repetition.
{Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.}
0. ;he a&o"e case is stands posted on today
or e"idence o the de endantBsBplainti Bs. *arlier on 12-92-2919 the a&o"e suit #as or cross e!amination o the P,-1BD,-1 and I am the P,-1BD,-1 and on that day I #as una&le to appear &e ore this Eon4&le court as I am #or%ing as or @@@. and I could not get lea"e rom my super"isor as #e ha"e lot o #or% to do in dutyB$o&.
1. ;here ore, my counsel su&mitted the same &e ore the Eon4&le court, &ut the Eon4&le court closed e"idence o the plainti BDe endant side and posted today or @@@@@... 3y a&sence &e ore this Eon4&le court on last date o hearing is not an intentional one &ut ha"ing &ona ied reasons. 2. I the Eon4&le Court does not recall me or cross e!amination in the a&o"e case, I #ould &e de initely put to great hardship, loss and in$ury, #hereas i my application is allo#ed other side #ill not &e put to such hardship or pre$udice.
7. Eence, it is prayed that the Eon4&le Court &e pleased to recall the P.,-1BD,-
Identified by me Advocate ******* Deponent

1 or the purpose o cross-e!amination or the a oresaid reasons, #hich #ould meet the ends o $ustice.
2/
25. )a*ment of 0ecree amo nt in installments (O-20, R-11(2))

OR31R AA 9C3?;1N# AN3 316R11 Rule: 11. 3ecree ma/ direct pa/ment (/ instalments (1) ,here and in so ar as a decree is or the payment o money, the Court may or any su icient reason 1.incorporate in the decree a ter hearing such o the parties #ho had appeared personally or &y pleader at the last hearing, &e ore $udgment, an order that' payment o the amount decreed shall &e postponed or shall &e made &y instalments, #ith or #ithout interest, not#ithstanding anything contained in the contract under #hich the money is paya&le, (2) Crder, a ter decree, or payment &y instalmentsLA ter the passing o any such decree the Court may, on the application o the $udgment-de&tor and #ith the consent o the decree-holder, order that payment o the amount decreed shall &e postponed or shall &e made &y instalments on such terms as to the payment o interest, the attachment o the property o the $udgment-de&tor, or the ta%ing o security rom him, or other#ise, as it thin%s it. ----?????????????????????????????????????
22. #rans$er o$ decree (O-"1 R-1&)

OR31R AAI 1A16C#ION O4 316R11S AN3 OR31RS Rule: 1&. Application $or e2ecution (/ trans$eree o$ decree ,here a decree or, i a decree has &een passed $ointly in a"our o t#o or more persons, the interest o any decree-holder in the decree is trans erred &y assignment in #riting or &y operation o la#, the trans eree may apply or e!ecution o the decree to the Court #hich passed i , and the decree may &e e!ecuted in the same manner and su&$ect to the same conditions as i the application #ere made &y such decree-holder Pro"ided also that, #here the decree, or such interest as a oresaid, has &een trans erred &y assignment, notice o such application shall &e gi"en to the trans eror and the $udgment-de&tor, and the decree shall not &e e!ecuted until the Court has heard their o&$ections (i any) to its e!ecution Pro"ided also that, #here a decree or the payment o money against t#o or more persons has &een trans erred to one o them, it shall not &e e!ecuted against the others. 1.*!planation.-5othing in this rule shall a ect the pro"isions o section 102, and a trans eree o rights in the property, #hich is the su&$ect matter o the suit, may apply or e!ecution o the decree #ithout a separate assignment o the decree as reGuired &y this rule.' --------------
20
27.Sta* of ./ec tion )etition gro nd of preferring appeal (O-21, R-26) OR31R AAI 1A16C#ION O4 316R11S AN3 OR31RS Sta/ o$ e2ecution Rule: "&. -%en 6ourt ma/ sta/ e2ecution (1) the Court to #hich a decree has &een sent or e!ecution shall, upon su icient cause &eing sho#n, stay the e!ecution o such decree or a reasona&le time, to ena&le the $udgment-de&tor to apply to the Court &y #hich the decree #as passed, or to any Court ha"ing appellate $urisdiction in respect o the decree or the e!ecution thereo , or an order to stay e!ecution, or or any other order relating to the decree or e!ecution #hich might ha"e &een made &y such Court o irst instance or Appellate Court i e!ecution had &een issued there&y, or i application or e!ecution had &een made thereto. (2) ,here the property or person o the $udgment-de&tor has &een seiQed under an e!ecution, the Court #hich issued the e!ecution may order the restitution o such property or the discharge o such person pending the result o the application. (/) Po#er to reGuire security rom, or impose conditions upon, $udgment-de&tor-Ae ore ma%ing an order to stay e!ecution, or or the restitution o property or the discharge o the $udgment-de&tor, 1.the Court shall reGuire' such security rom, or impose such conditions upon, the $udgment-de&tor as it thin%s it. -------------------
2,.Sta* ./ec tion pending s it !et(een 0.5.R and 6.0.R (O-21, R-2-)
OR31R AAI 1A16C#ION O4 316R11S AN3 OR31RS Rule: "0. Sta/ o$ e2ecution pending suit (et.een decree-%older and 8udgmentde(tor ,here a suit is pending in any Court against the holder o a decree o such Court 1.or o a decree #hich is &eing e!ecuted &y such Court', on the part o the person against #hom the decree #as passed, the Court may, on such terms as to security or other#ise, as it thin%s it, stay e!ecution o the decree until the pending suit has &een decided 1.Pro"ided that i the decree is one or payment o money, the Court shall, i it grants stay #ithout reGuiring security, record its reasons or so doing.' ----------------
21
29.$rrest of 60R in ..). (O-21 7 +0, R-+&)

CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- /9. Decree or payment o money *"ery decree or the payment o money, including a decree or the payment o money as the alternati"e to some other relie , may &e e!ecuted &y the detention in the ci"il prison o the $udgment-de&tor, or &y the attachment and sale o his property, or &y &oth. Rule: ', Arrest and detention in t%e ci)il prison /7. Discretionary po#er to permit $udgment de&tor to sho# cause against detention in prison (1) 5ot#ithstanding anything in these rules, #here an application is or the e!ecution o a decree or the payment o money &y the arrest and detention in the ci"il prison o a $udgment-de&tor #ho is lia&le to &e arrested in pursuance o the application, the Court shall, instead o issuing a #arrant or his arrest, issue a notice calling upon him to appear &e ore the Court on a day to &e speci ied in the notice and sho# cause #hy he should not &e committed to the ci"il prison1.Pro"ided that such notice shall not &e necessary i the Court is satis ied, &y a ida"it, or other#ise, that, #ith the o&$ect or e ect o delaying the e!ecution o the decree, the $udgment-de&tor is li%ely to a&scond or lea"e the local limits o the $urisdiction o the Court.' (2) ,here appearance is not made in o&edience to the notice, the Court shall, i the decree-holder so reGuires, issue a #arrant or the arrest o the $udgment-de&tor. --------
22
30.$ttachment of 8o"ea!le propert* in ..). (O-21, R-%+)

CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 0/. Attachment o mo"a&le property, other than agricultural produce, in possession o $udgment-de&tor ,here the property to &e attached is mo"a&le property, other than agricultural produce, in the possession o the $ udgment-de&tor, the attachment shall &e made &y actual seiQure, and the attaching o icer shall %eep the property in his o#n custody or in the custody o one o his su&ordinates, and shall &e responsi&le or the due custody thereo Pro"ided that, #hen the property seiQed is su&$ect to speedy and natural decay, or #hen the e!pense o %eeping it in custody is li%ely to e!ceed its "alue, the attaching o icer may sell it at once. ---------------
27
+1.$ttachment of salar* in ..). (O-21 7 +0, R-%,)
CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- /9. Decree or payment o money *"ery decree or the payment o money, including a decree or the payment o money as the alternati"e to some other relie , may &e e!ecuted &y the detention in the ci"il prison o the $udgment-de&tor, or &y the attachment and sale o his property, or &y &oth. Rule- 07 Attachment o salary or allo#ances o ser"ant o the Ho"ernment or rail#ay company or local authority (1) ,here the property to &e attached is the salary or allo#ances o a 1.ser"ant o the Ho"ernment' or o a ser"ant o a rail#ay company or local authority 2.or o a ser"ant o a corporation engaged in any trade or industry #hich is esta&lished &y a Central, Pro"incial or State Act, or a Ho"ernment company as de ined in section 217 o the Companies Act, 1812 (1 o 1812)' the Court, #hether the $udgment-de&tor or the dis&ursing o icer is or is not #ithin the local limits o the Court's $urisdiction, may order that the amount shall, su&$ect to the pro"isions o section 29, &e #ithheld rom such salary or allo#ances either in one payment or &y monthly instalments as the Court may directF and, upon notice o the order to such o icer as /.the appropriate Ho"ernment may &y noti ication in the C icial HaQette' appoint 0.in this &ehal ,(a) #here such salary or allo#ances are to &e dis&ursed #ithin the local limits to #hich this Code or the time &eing e!tends, the o icer or other person #hose duty it is to dis&urse the same shall #ithhold and remits to the Court the amount due under the order, or the monthly instalments, as the case may &eF (&) #here such salary or allo#ances are to &e dis&ursed &eyond the said limits, the o icer or other person #ithin those limits #hose duty it is to instruct the dis&ursing authority regarding the amount o the salary or allo#ances to the dis&ursed shall remit to the Court the amount due under the order, or the monthly instalments, as the case may &e, and shall direct the dis&ursing authority to reduce the aggregate o the amounts rom time to time, to &e dis&ursed &y the aggregate o the amounts rom time to time remitted to the Courts. (2) ,here the attacha&le proportion o such salary or allo#ances is already &eing #ithheld and remitted to a Court in pursuance o a pre"ious and unsatis ied order o attachment, the o icer appointed &y the appropriate Ho"ernment in this &ehal shall orth#ith return the su&seGuent order to the Court issuing it #ith a ull statement o all the particulars o the e!isting attachment.
27
1.(/) *"ery order made under this rule, unless it is returned in accordance #ith the pro"isions o su&-rule (2) shall, #ithout urther notice or other process, &ind the appropriate Ho"ernment or the rail#ay company or local authority or corporation or Ho"ernment company, as the case may &e, #hile the $udgment-de&tor is #ithin the local limits to #hich this Code or the time &eing e!tends and #hile he is &eyond those limits, i he is in receipt o any salary or allo#ances paya&le out o the Consolidated 6und o India or the Consolidated 6und o the State or the unds o a rail#ay company or local authority or corporation or Ho"ernment company in IndiaF and the appropriate Ho"ernment or the rail#ay company or local authority or corporation or Ho"ernment company, as the case may &e, shall &e lia&le or any sum paid in contra"ention o the rule.' 2.*!planation.-In this rule, +appropriate Ho"ernment+ means,(i) as respects any person in the ser"ice o the Central Ho"ernment, or any ser"ant o a rail#ay administration or o a cantonment authority or o the port authority o a ma$or port, or any ser"ant o a corporation engaged in any trade or industry #hich is esta&lished &y Central Act, or any ser"ant o a Ho"ernment company in #hich any part o the share capital is held &y the Central Ho"ernment or &y more than one State Ho"ernments or partly &y the Central Ho"ernment and partly &y one or more State Ho"ernments, the Central Ho"ernmentF (ii) as respects any other ser"ant o the Ho"ernment, or a ser"ant o any other local or other authority, or any ser"ant o a corporation engaged in any trade or industry #hich is esta&lished &y a Pro"incial or State Act, or a ser"ant o any other Ho"ernment company, the State Ho"ernment.' -------------
28
32. $ttachment of Immo"ea!le propert* in ..). (O-21, R-#%)

CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 10. Attachment o immo"a&le property (1) ,here the property is immo"a&le, the attachment shall &e made &y an order prohi&iting the $udgment-de&tor rom trans erring or charging the property in any #ay, and all persons rom ta%ing any &ene it rom such trans er or charge. 1.(1A) ;he order shall also reGuire the $udgment-de&tor to attend Court on a speci ied date to ta%e notice o the date to &e i!ed or settling the terms o the proclamation o sale.' (2) ;he order shall &e proclaimed at some place on or ad$acent to such property &y &eat o drum or other customary mode, and a copy o the order shall &e a i!ed on a conspicuous part o the property and then upon a conspicuous part o the court-house, and also, #here the property is land paying re"enue to the Ho"ernment in the o ice o the Collector o the district in #hich the land is situate 1.and, #here the property is land situate in a "illage, also in the o ice o the Hram Panchayat, i any, ha"ing $urisdiction o"er that "illage.' ---------------
33. Remo"al of attachment after satisfaction of the decree (O-21, R-##)

CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 11. Remo"al o attachment a ter satis action o decree ,here(a) the amount decreed #ith costs and all charges and e!penses resulting rom the attachment o any property are paid into Court, or (&) satis action o the decree is other#ise made through the Court or certi ied to the Court, or (c) the decree is set aside or re"ersed, the attachment shall &e deemed to &e #ithdra#n, and, in the case o immo"a&le property, the #ithdra#al shall, i the $udgment-de&tor so desires, &e proclaimed at his e!pense, and a copy o the proclamation shall &e a i!ed in the manner prescri&ed &y the last preceding rule. ------------
79
34.
4laim !* Third part* (O-21, R-#,)
CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 17. Ad$udication o claims to, or o&$ections to attachment o , property(1) ,here any claim is pre erred to, or any o&$ection is made to the attachment o , any property attached in e!ecution o a decree on the ground that such property is not lia&le to such attachment, the Court shall proceed to ad$udicate upon the claim or o&$ection in accordance #ith the pro"isions herein containedPro"ided that no such claim or o&$ection shall &e entertained(a) #here, &e ore the claim is pre erred or o&$ection is made, the property attached has already &een soldF or (&) #here the Court considers that the claim or o&$ection #as designedly or unnecessarily delayed. (2) All Guestions (including Guestions relating to right, title or interest in the property attached) arising &et#een the parties to a proceeding or their representati"es under this rule and rele"ant to the ad$udication o the claim or o&$ection, shall &e determined &y the Court dealing #ith the claim or o&$ection and not &y a separate suit. (/) <pon the determination o the Guestions re erred to in su&-rule (2), the Court shall, in accordance #ith such determination,(a) allo# the claim or o&$ection and release the property rom attachment either #holly or to such e!tent as it thin%s itF or (&) disallo# the claim or o&$ectionF or (c) continue the attachment su&$ect to any mortgage, charge or other interest in a"our o any personF or (d) pass such order as in the circumstances o the case it deems it. (0) ,here any claim or o&$ection has &een ad$udicated upon under this rule, the order made thereon shall ha"e the same orce and &e su&$ect to the same conditions as to appeal or other#ise as i it #ere a decree. (1) ,here a claim or an o&$ection is pre erred and the Court, under the pro"iso to su&rule (1), re uses to entertain it, the party against #hom such order is made may institute a suit to esta&lish the right #hich he claims to the property in disputeF &ut, su&$ect to the result o such suit, i any, an order so re using to entertain the claims or o&$ection shall &e conclusi"e. ----------
71
35.
Stay of sale pending claim application (O-21, R-59)
CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 18. Stay o sale ,here &e ore the claim #as pre erred or the o&$ection #as made, the property attached had already &een ad"ertised or sale, the Court may(a) i the property is mo"a&le, ma%e an order postponing the sale pending the ad$udication o the claim or o&$ection, or (&) i the property is immo"a&le, ma%e an order that, pending the ad$udication o the claim or o&$ection, the property shall not &e sold, or, that pending such ad$udication, the property may &e sold &ut the sale shall not &e con irmed, and any such order may &e made su&$ect to such terms and conditions as to security or other#ise as the Court thin%s it.' ------------------
3 . Sale of attached properties in ..). (O-21, R-6%)

CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Sale generally Rule- 20. Po#er to order property attached to &e sold and proceeds to &e paid to person entitled Any Court e!ecuting a decree may order that any property attached &y it and lia&le to sale, or such portion thereo as may see necessary to satis y the decree, shall &e sold, and that the proceeds o such sale, or a su icient portion thereo , shall &e paid to the party entitled under the decree to recei"e the same. -----------
72 )articipate in the $ ction (O-21, R-&2)

CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 72. Decree holder not to &id or or &uy property #ithout permission (1) 5o holder o a decree in e!ecution o #hich property is sold shall, #ithout the e!press permission o the Court, &id or or purchase the property. (2) ,here decree-holder purchases, amount o decree may &e ta%en as payment-,here a decree-holder purchases #ith such permission, the purchase-money and the amount due on the decree may, su&$ect to the pro"isions o section 7/, &e set o against one another, and the Court e!ecuting the decree small enter up satis action o the decree in #hole or in part accordingly. (/) ,here a decree-holder purchases, &y himsel or through another person, #ithout such permission, the Court may, i it thin%s it, on the application o the $udgmentde&tor or any other person #hose interests are a ected &y the sale, &y order set aside the saleF and the costs o such application and order, and any de iciency o price #hich may happen on the re-sale and all e!penses attending it, shall &e paid &y the decreeholder. ------------------
3!. 8ortgagee for permission to participate in the $ ction (O-21, R-&2($))

CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 72A. 3ortgagee not to &id at sale #ithout the lea"e o the Court (1) 5ot#ithstanding anything contained in rule 72, a mortgagee o immo"a&le property shall not &id or or purchase property sold in e!ecution o a decree on the mortgage unless the Court grants him lea"e to &id or or purchase the property. (2) I lea"e to &id is granted to such mortgagee, then the Court shall i! a reser"e price as regards the mortgagee, and unless the Court other#ise directs, the reser"e price shall &e(a) not less than the amount then due or principal, interest and costs in respect o the mortgage i the property is sold in one lotF and (&) in the case o any property sold in lots, not less than such sum as shall appear to the Court to &e properly attri&uta&le to each lot in relation to the amount then due or principal, interest and costs on the mortgage. (/) In other respects, the pro"isions o su&-rules (2) and (/) o rule 72 shall apply in relation to purchase &y the decree-holder under that rule.' -------------
7/ 39. )ostponement of sale at the re9 est of 60R (O-21, R-,+)

CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 7/. Postponement o sale to ena&le $udgment-de&tor to raise amount o decree. (1),here an order or the sale o immo"a&le property has &een made, i the $udgmentde&tor can satis y the Court that there is reason to &elie"e that the amount o the decree may &e raised &y the mortgage or lease or pri"ate sale o such property, or some part thereo , or o any other immo"a&le property o the $udgment-de&tor, the Court may, on his application, postpone the sale o the property comprised in the order or sale on such terms and or such period as it thin%s proper, to ena&le him to raise the amount. (2) In such case the Court shall grant a certi icate to the $udgment-de&tor authoriQing him #ithin a period to &e mentioned therein, and not#ithstanding anything contained in section 20, to ma%e the proposed mortgage, lease or salePro"ided that all moneys paya&le under such mortgage, lease or sale shall &e paid, not to the $udgment-de&tor, &ut, sa"e in so ar as a decree-holder is entitled to set-o such money under the pro"isions o rule 72, into CourtPro"ided also that not mortgage, lease or sale under this rule shall &ecome a&solute until it has &een con irmed &y the Court. (/) 5othing in this rule shall &e deemed to apply to a sale o property directed to &e sold in e!ecution o a decree or sale in en orcement o a mortgage o , or charge on, such property. -------------09. Set aside the sale on the gro nd of irreg larit* or fra d (O-21, R--0) CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 89. Application to set aside sale on ground o irregularity or raud (1) ,here any immo"a&le property has &een sold in e!ecution o a decree, the decreeholder, or the purchaser, or any other person entitled to share in a ratea&le distri&ution o assets, #hose interests are a ected &y the sale, may apply to the Court to set aside the sale on the ground o a material irregularity or raud in pu&lishing or conduction it. (2) 5o sale shall &e set aside on the ground o irregularity or raud in pu&lishir or conducting it unless, upon the acts pro"ed, the Court is satis ied that the applicant has sustained su&stantial in$ury &y reason o such irregularity or raud. (/) 5o application to set aside a sale under this rule shall &e entertained upon an ground #hich the applicant could ha"e ta%en on or &e ore the date on #hich the proclamation o sale #as dra#n up. *!planation.-;here mere a&sence o , or de ect in, attachment o the property sold shall not, &y itsel , &e a ground or setting aside a sale under this rule.' -------------
70
%1.Third part* o!str ction in ./ec tion )etition (Section-%&, Order-21,R--&)
C.P.C. section- 07. Ruestions to &e determined &y the Court e!ecuting decree (1) All Guestions arising &et#een the parties to the suit in #hich the decree #as passed, or their representati"es, and relating to the e!ecution, discharge or satis action o the decree, shall &e determined &y the Court e!ecuting the decree and not &y a separate suit. 1.S S S S' (/) ,here a Guestion arises as to #hether any person is or is not the representati"e o a party, such Guestion shall, or the purposes o this section, &e determined &y the Court. 2.*!planation I.-6or the purposes o this section, a plainti #hose suit has &een dismissed and a de endant against #hom a suit has &een dismissed are parties to the suit. *!planation II.-(a) 6or the purposes o this section, a purchaser o property at a sale in e!ecution o a decree shall &e deemed to &e a party to the suit in #hich the decree is passedF and (&) all Guestions relating to the deli"ery o possession o such property to such purchaser or his representati"e shall &e deemed to &e Guestions relating to the e!ecution, discharge or satis action o the decree #ithin the meaning o this section.' CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Resistance to deli"ery o possession to decree- holder or purchaser Rule- 87. Resistance or o&struction to possession o immo"a&le property. (1) ,here the holder o a decree or the possession o immo"a&le property or the purchaser o any such property sold in e!ecution o a decree is resisted or o&structed &y any person in o&taining possession o the property, he may ma%e an application to the Court complaining o such resistance or o&struction. 1.(2) ,here Pny application is made under su&-rule (1), the Court shall proceed to ad$udicate upon ihe application in accordance #ith the pro"isions herein con-tained.' ------------
71 42.Set aside ./ )arte order in ..). (O-21, R-106)

CRD*R MMI *M*C<;IC5 C6 D*CR**S A5D CRD*RS Rule- 192. Setting aside order passed e! parte, etc. (1) ;he applicant, against #hom an order is made under su&-rule (2) rule 191 or the opposite party against #hom an order is passed e!parte under su&-rule (/) o that rule or under su&-rule (1) o rule 2/, may apply to the Court to set aside the order, and i he satis ies the Court that there #as su icient cause or his non-appearance #hen the application #as called on or hearing, the Court shall set aside the order or such terms as to costs, or other#ise as it thin%s it, and shall appoint a day or the urther hearing o the application. (2) 5o order shall &e made on an application under su&-rule (1) unless notice o the application has &een ser"ed on the other party. (/) An application under su&-rule (1) shall &e made #ithin thirty days rom the date o the order, or #here, in the case o an e! pane order, the notice #as not duly ser"ed, #ithin thirty days rom the date #hen applicant had %no#ledge o the order.' ---------------
72 43.:egal representati"e application for deceased plaintiff (O-22, R-+)

:*,5* EEII ,5A&H+ MA**IAD5 AN, IN):875N6= :* PA*&I5) $. No abate-ent by partyGs death i( ri/ht to sue survives The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.
*ule> ". Procedure in case o( death o( one o( several plainti((s or o( sole plainti((. %"' 7here one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit. %-' 7here within the time limited by law no application is made under sub!rule %"', the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.
77

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Bet'een:
@@@@@@@@@
Application filed on behalf of the Applicants Under Order-22, Rule 3 Read with Section 151 of the Code of Civil rocedure!
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le Court may &e pleased to permit the ApplicantBs to &ring the legal representati"esBheirs o the deceased @@@@@@@..Plainti 5o. 1 namely @@@@@@@, SBo@@@@@@@@@@.., on record in the interest o $ustice. ,56*IP&I:N :; 85DA8 H5I*) &: B5 B*:9DH& :N *56:*,: 1(a)1(&)Plainti s 5o.1(&) is minors hence, represented &y their natural and ne!t guardian their mother i.e. Plainti 5o.1(a) herein. All are @@@@., residing at @@@@@.., @@@@@@. talu% and District.
Place: DateAd"ocate or Applicant
77


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: 1. I am the applicant and plainti 5o. 2 in the a&o"e suit, and as such I am ully con"ersant #ith the acts and circumstances o the case. 2. I and plainti 5o. 1 has iled the a&o"e case against the de endants see%ing the relie o @@@@@@@@.. {Note: reasons has to be mentioned here as per your case facts and circumstances.} /. A ter iling the suit plainti 5o.1 died on @@@@@Immediately a ter %no#ing the act o death o plainti 5o.1 I made enGuiries and ound that he le t &ehind his #i e and minor son namely @@@@@@@.., as sole sur"i"ing legal heirs. A ter the demise o plainti 5o. 1, the right to sue and prosecute the case and cause o action o the a&o"e said case sur"i"es in all o his sole legal heirs. Inspite o my diligent e orts I could not trace out all the legal heirs o deceased plainti 5o. 1 #ithin the speci ied period #hich is not intentional &ut it is genuine and &ona ide. 0. Eence I pray that the Eon4&le court may &e pleased to &ring on record the legal representati"es o deceased plainti 5o.1 #hose names are sho#n in the accompanying application as a legal heirs o the deceased plainti 5o. 1 and permit me to proceed and prosecute the a&o"e case on the legal heirs o the plainti 5o.1 #hich #ould meet ends o the $ustice and eGuity.
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78 44.:egal representati"e application for deceased 0efendant (O-22, R-%)

:*,5* EEII ,5A&H+ MA**IAD5 AN, IN):875N6= :* PA*&I5) Rule: $. No abate-ent by partyGs death i( ri/ht to sue survives The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.
*ule> 4. Procedure in case o( death o( one o( several de(endants or o( sole de(endant

%"' 7here one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit. %-' *ny person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant. %8' 7here within the time limited by law no application is made under sub!rule %"', the suit shall abate as against the deceased defendant. "@%A' The Court whenever it thinks fit, may e:empt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearingC and judgment may, in such case, be pronounced against the said defendant not withstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death took place. %&' 7here! %a' the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an application for the substitution of the legal representative of the defendant under this rule within the period specified in the )imitation *ct, "?98 %89 of "?98' and the suit has, in consequence, abated, and %b' the plaintiff applies after the e:piry of the period specified therefor in the )imitation *ct, "?98 %89 of "?98', for setting aside the abatement and also for the admission of that application under section & of that *ct on the ground that he had, by reason of such ignorance, sufficient cause for not making the application within the period specified in the said *ct, the Court shall, in considering the application under the said section &, have due regard to the fact of such ignorance, if proved.B
79
"@A*. /rocedure where there is no legal representative %"' If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the *dministrator!Feneral, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suitC and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same e:tent as he would have been bound if a personal representative of the deceased person had been a party to the suit. %-' Iefore making an order under this rule, the Court! %a' may require notice of the application for the order to be given to such %if any' of the persons having an interest in the estate of the deceased person as it thinks fitC and %b' shall ascertain that the person proposed to be appointed to represent the estate of the deceased person is willing to be so appointed and has no interest adverse to that of the deceased person.B
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Bet'een:
@@@@@@@@@
Application filed on behalf of the Applicants Under Order-22, Rule " Read with Section 151 of the Code of Civil rocedure!
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le Court may &e pleased to permit the ApplicantBs to &ring the legal representati"esBheirs o the deceased @@@@@@@..De endant 5o. 1 namely @@@@@@@, SBo@@@@@@@@@@.., on record in the interest o $ustice. 1;C#I/TI 5 2 );F*) 3;I#( T I; I# =F3T 5 #;C #1:
D1(a)D1(&)De endant 5o.1(&) is minors hence, represented &y their natural and ne!t guardian their mother i.e. De endant 5o.1(a) herein. All are Agriculturists, residing at >urugodu "illage, Aellary talu% and District.
Place: Date-
Ad"ocate or Applicants
72


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: 1. I am the applicant and plainti in the a&o"e suit, and as such I am ully con"ersant #ith the acts and circumstances o the case. 2. I has iled the a&o"e case against the de endants see%ing the relie o @@@@@@@@.. {Note: reasons has to be mentioned here as per your case facts and circumstances.} /. A ter iling the suit de endant 5o.1 died on @@@@@Immediately a ter %no#ing the act o death o plainti 5o.1 I made enGuiries and ound that he le t &ehind his #i e and minor son namely @@@@@@@.., as sole sur"i"ing legal heirs. A ter the demise o plainti 5o. 1, the right to sue and prosecute the case and cause o action o the a&o"e said case sur"i"es in all o his sole legal heirs. Inspite o my diligent e orts I could not trace out all the legal heirs o deceased plainti 5o. 1 #ithin the speci ied period #hich is not intentional &ut it is genuine and &ona ide. 0. Eence I pray that the Eon4&le court may &e pleased to &ring on record the legal representati"es o deceased plainti 5o.1 #hose names are sho#n in the accompanying application as a legal heirs o the deceased de endant 5o. 1 and permit me to proceed and prosecute the a&o"e case on the legal heirs o the De endant 5o.1 #hich #ould meet ends o the $ustice and eGuity.
---------
7/
45.Set aside a!etment against :R;s or Restore the s it dismissed d e to a!etment (O-22, R--)
:*,5* EEII ,5A&H+ MA**IAD5 AN, IN):875N6= :* PA*&I5)
Rule: $. No abate-ent by partyGs death i( ri/ht to sue survives The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. Rule: 9. 5((ect o( abate-ent or dis-issal
%"' 7here a suit abates or is dismissed under this on the same cause of action. rder, no fresh suit shall be brought
%-' The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or dismissalC and if it is proved that he was prevented by any sufficient cause from continuing the suit, the Court shall set aside the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit. %8' The provisions of section & of the "@Indian )imitation *ct, "+,, %"& of "+,,'B shall apply to applications under sub!rule %-'. -@;:planation!5othing in this rule shall be construed as barring, in any later suit, a defence based on the facts which constituted the cause of action in the suit which had abated or had been dismissed under this rderB
Rule: $%. Procedure in case o( assi/n-ent be(ore (inal order in suit

%"' In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved. %-' The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling the person who procured such attachment to the benefit of sub!rule %"'. "@"$*. 1uty of pleader to communicate to Court death of a party. 7herever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about it, and the Court shall there upon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.B
Rule: $$. Application o( :rder to appeals.

In the application of this rder to appeals, so far as may be, the word Jplaintiff shall be held to include an appellant, the word JdefendantJ a respondent, and the word JsuitJ an appeal.
70

I.A. NoAA..
Bet'een:
@@@@@@@@@
&pplication 'iled on (ehalf of the &pplicant)s). *nder +rder,--" .ule / .ead with Section 010 of the 2ode of 2ivil %rocedure.
6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le Court may &e pleased to set side a&atement i any or dismissed due to a&etment@@ to &ring the legal representati"es o deceased plainti Bde endant namely@@@@. on record #hich #ould meet ends o the $ustice and eGuity.
71


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 8. The averments made in the plaint may be read as part of this affidavit to avoid the repetition. {Note: reasons has to be mentioned here as per your case facts and circumstances.} 0. A ter %no#ing the act o death o the @@.., I am iling the application #ithin limitation and i any delay or a&atement is there, the same may &e condoned. I the Eon4&le court does not condone the delay or set side the a&atement the corporation #ill &e put to great hardship and in$ury and the cannot &e corporation in term o money. 1. Eence I pray that the Eon4&le court may &e pleased to set side a&atement i any or restore the suit due to a&atement @@@@@@to &ring the legal representati"es o deceased plainti Bde endant namely@@@@. on record #hich #ould meet ends o the $ustice and eGuity.
---------
72
4 . 'ithdra(al of s it (O-2+, R-1)

4!.'ith dra( the s it (ith li!ert* to file fresh (O-2+, R le-1(+))
OR31R AAIII -I#73RA-A= AN3 A39CS#;1N# O4 SCI#S Rule: 1. -it%dra.al o$ suit or a(andonment o$ part o$ claim (1) At any time a ter the institution o a suit, the plainti may as against all or any o the de endants a&andon his suit or a&andon a part o his claimPro"ided that #here the plainti is a minor or other person to #hom the pro"isions contained in rules 1 to 10 o Crder MMMII e!tend, neither the suit nor any part o the claim shall &e a&andoned #ithout the lea"e o the Court. (2) An application or lea"e under the pro"iso to su&-rule (1) shall &e accompanied &y an a ida"it o the ne!t riend and also, i the minor or such other person is represented &y a pleader, &y a certi icate o the pleader to the e ect that the a&andonment proposed is, in his opinion, or the &ene it o the minor or such other person. (/) ,here the Court is satis ied,(a) that a suit must ail &y reason o some ormal de ect, or (&) that there are su icient grounds or allo#ing the plainti to institute a resh suit or the su&$ect-matter o a suit or part o a claim, it may, on such terms as it thin%s it, grant the plainti permission to #ithdra# rom such suit or such part o the claim #ith li&erty to institute a resh suit in respect o the su&$ect-matter o such suit or such part o the claim. (0) ,here the plainti (a) a&andons any suit or part o claim under su&-rule (1), or (&) #ithdra#s rom a suit or part o a claim #ithout the permission re erred to in su&rule (/), he shall &e lia&le or such costs as the Court may a#ard and shall &e preclude rom instituting any resh suit in respect o such su&$ect-matter or such part o the claim. (1) 5othing in this rule shall &e deemed to authorise the Court to permit one o se"eral plainti s to a&andon a suit or part o a claim under su&-rule (1), or to #ithdra#, under su&-rule (/), any suit or part o a claim, #ithout the consent o the other plainti s.' ----------------
77
4". 4ompromise $pplication (O-2+, R-2 and +)

OR31R AAIII -I#73RA-A= AN3 A39CS#;1N# O4 SCI#S
Rule: '. 6ompromise o$ suit ,here it is pro"ed to the satis action o the Court that a suit has &een ad$usted #holly or in part &y any la# ul agreement or compromise 1.in #riting and signed &y the parties' or #here the de endant satis ied the plainti in respect o the #hole or any part o the su&$ect-matter o the suit, the Court shall order such agreement, compromise satis action to &e recorded, and shall pass a decree is accordance there#ith 2.so ar as it relates to the parties to the suit, #hether or not the su&$ect-matter o the agreement, compromise or satis action is the same as the su&$ect-matter o the suit-' 1.Pro"ided that #here it is alleged &y one party and denied &y the other that an ad$ustment or satis action has &een arri"ed at, the Court shall decide the GuestionF &ut not ad$ournment shall &e granted or the purpose o deciding the Guestion, unless the Court, or reasons to &e recorded, thin%s it to grant such ad$ournment.' 1.*!planation-An agreement or compromise #hich is "oid or "oida&le under the Indian Contract Act, 1772 (8 o 1772), shall not &e deemed to &e la# ul #ithin the meaning o this ruleF'
77
IN &H5 H:N1B85 6:9*& AAAAAAA AAAAAAAA.A& AAA..
:.). No. Bet'een: >>> >AN,> >>> ,e(endants Plainti((s B
6ompromise Application $iled on (e%al$ o$ t%e Plainti$$ and 3e$endant under Order-"' Rule-' o$ 6ode o$ 6i)il Procedure:
Both the parties o( the suit a/reed as (ollo's: > {Note: reasons has to be mentioned here as per your case facts and circumstances.} 1. Cn the ad"ice o the elders and #ell #ishers the parties o the a&o"e case end
their dispute out side the court.

". ;he de endant has agreed to gi"e a sum o Rs.12,999B- (;#el"e thousand) to
the plainti on e"ery month Rs.1,999B- (Cne thousand) installment &asis or 12 months to the plainti in the a&o"e case or ull satis action o the claim.
'. ;he plainti
has agreed to recei"e money same as stated a&o"e rom the
de endant.
+. ;he de endant has agreed to pay the installments on or &e ore 1 th o e"ery
month.
*. 6urther the de endant has agreed that i he ails to pay the installments as
stated supra continuously to the plainti , in such an e"ent the plainti li&erty to ile e!ecution petition or reco"ery o the &alanced amount.
has
&. ;here ore &oth parties to the a&o"e case are prayed that the Eon4&le court
may &e pleased decree the a&o"e case in "ie# o a&o"e terms, in the interest o $ustice.
Signature o$ t%e plainti$$ )i/nature o( the de(endant 3ate: Place: Ad)ocate $or t%e plainti$$ Ad)ocate $or t%e 3e$endant
78
IN &H5 H:N1B85 6:9*& AAAAAAA AAAAAAAA.A& AAA..
:.). No. Bet'een: >>> >AN,> >>> ,e(endants Plainti((s B
6ompromise Application $iled on (e%al$ o$ t%e Plainti$$s and de$endants under order-"' Rule-' o$ code o$ 6i)il Procedure:
Both the parties o( the suit a/reed as (ollo's: > {Note: reasons has to be mentioned here as per your case facts and circumstances.} 1. Cn the ad"ice o the elders and #ell #ishers the parties o the a&o"e case end
their dispute out side the court.

". ;he de endant 5o. 1 has agreed to gi"e a sum o Rs. 1,11,999B- in lieu o
their share in the a&o"e case and in ull satis action o the claim or maintenance in Cr.3.C. 129 o 2992 on the ile o principal ci"il $udge (Ir. Dn.) at Aellary.
'. ;he plainti s represented &y their mother Smt. De"amma ? Sa"ithramma
has recei"ed a sum o Rs. 1,99,999B- on 21-97-2992 and de endant 5o. 1 urther agreed to gi"e &alance consideration o Rs. 11,999B- #ith in 0-982992.
+. ;he compromise a ected is or the &ene it o the minor plainti s also. ;he
plainti s ha"e no claim #hatsoe"er in respect o the suit schedule property sold to the 2nd de endant and also in respect o other properties, urther plainti s admit that no other cases are pending &e ore any other court or tri&unals pertaining to the a&o"e suit schedule property.
*. Eence it is prayed that the Eon4&le court may &e pleased to dismiss the suit
in "ie# o a&o"e terms, in the interest o $ustice.

;he Plainti The defendant 3ate: Place: ------------Ad"ocate or the plainti Ad"ocate or the De endant
89
49.$ppointment of 4o rt 4ommissioner (O-26, R--)

:*,5* EE7I. :*,5* EE7I > 6:MMI))I:N) 6o--issions to e2a-ine 'itnesses
Rule: $. 6ases in 'hich 6ourt -ay issue co--ission to e2a-ine 'itness
*ny Court may in any suit issue a commission for the e:amination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is e:empted under this Code from attending the Court or who is from sickness or infirmity unable to attend it: "@/rovided that a commission for e:amination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do. ;:planation!The Court may, for the purpose of this rule, accept a certificate purporting to be signed by a registered medical practitioner as evidence of the sickness or infertility of any person, without calling the medical practitioner as a witness.B #. :rder (or co--ission *n order for the issue of a commission for the e:amination of a witness may be made by the Court either of its own motion or on the application, supported by affidavit or otherwise, of any party to the suit or of the witness to be e:amined. ". 3here 'itness resides 'ithin 6ourtGs jurisdiction * commission for the e:amination of a person who resides within the local limits of the jurisdiction of the Court issuing the same may be issued to any person whom the Court thinks fit to e:ecute it. 4. Persons (or 'hose e2a-ination co--ission -ay issue %"' *ny Court may in any suit issue a commission "@for the e:amination on interrogatories or otherwise of!B %a' any person resident beyond the local limits of its jurisdictionC %b' any person who is about to leave such limits before the date on which he is required to be e:amined in CourtC and %c' -@any person in the service of the FovernmentB who cannot in the opinion of the Court, attend without detriment to the public service: 8@/rovided that where, under rule "? of rder EHI, a person cannot be ordered to attend a Court in person, a commission shall be issued for his e:amination if his evidence is considered necessary in the interests of justice: /rovided further that a commission for e:amination of such person on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.B %-' (uch commission may be issued to any Court, not being a 3igh Court, within the local limits of whose jurisdiction such person resides, or to any pleader or other person whom the Court issuing the commission may appoint. %8' The Court on issuing any commission may this rule shall direct whether the commission shall be returned to itself or to any subordinate Court. *. Commission for e:amination of any person resident within the local I; limits of the jurisdiction of the Court 5otwithstanding anything contained in these rules, any court may, in the interest of justice or for the e:peditious disposal of the case or for any other reason, issue commission in any suit for the e:amination, on interrogatories or otherwise, of any person resident within the local limits of its jurisdiction, and the evidence so recorded shall be read in evidence.B H. 6o--ission or reIuest to e2a-ine 'itness not 'ithin India 7here any Court to which application is made for the issue of a commission for the e:amination I of a person residing at any place not within India is satisfied that the evidence of such person is necessary, the Court may issue such commission or a letter of request.
81
!. 6ourt to e2a-ine 'itness pursuant to 6o--ission ;very Court receiving a commission for the e:amination of any person shall e:amine him or cause him to be e:amined pursuant thereto. <. *eturn o( co--ission 'ith depositions o( 'itnesses 7here a commission has been duly e:ecuted, it shall be returned, together with the evidence taken under it, to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such orderC and the commission and the returned thereto and the evidence taken under it shall "@subject to the provisions of rule +B from part of the record of the suit. . 3hen depositions -ay be read in evidence ;vidence taken under a commission shall not be read as evidence in the suit without the consent of the party against whom the same is offered, unless! %a' the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable from sickness or infermity to attend to be personally e:amined, or e:empted from personal appearance in Court or is a person in the service of the Fovernment who cannot, in the opinion of the Court, attend without detriment to the public service, or %b' the Court in its discretion dispenses with the proof of any of the circumstances mentioned in clause %a' and authori>es the evidence of any person being read as evidence in the suit, notwithstanding proof that the cause for taking such evidence by commission has ceased at the time of reading the same. 6o--issions (or local investi/ations 9. 6o--issions to -a.e local investi/ations In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elecidating any matter in dispute, or of ascertaining the market!value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court: /rovided that, where the (tate Fovernment has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules. $%. Procedure o( 6o--issioner %"' The Commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the Court. %-' #eport and deposition to be evidence in suit. Commissioner may be e:amined in person! The report of the Commissioner and the evidence taken by him %but not the evidence without the report' shall be evidence in the suit and shall form part of the recordC but the Court or, with the permission of the Court, any of the parties to suit may e:amine the Commissioner personally in open Court touching any part of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation. %8' 7here the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further inquiry to be made as it shall think fit. "@Commissions for scientific investigation, performance of ministerial act and sale of movable property $%A. 6o--ission (or scienti(ic investi/ation %"' 7here any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or e:pedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court. %-' The provisions of rule "$ of the rder shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule ?.
82
$%B. 6o--ission (or per(or-ance o( a -inisterial act %"' 7here any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently performed before the Court, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or e:pedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to perform that ministerial act and report thereon to the Court. %-' The provisions of rule "$ of this rder shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule ?. $%6. 6o--ission (or the sale o( -ovable property %"' 7here in any suit, it becomes necessary to sell any movable property which is in the custody of the Court pending the determination of the suit and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or e:pedient in the interests of justice so to do, issue a commission to such !person as it thinks fit, directing him to conduct such sale and report thereon to the Court. %-' The provisions of rule "$ of this rder shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule ?. %8' ;very such sale shall be held, as far as may be, in accordance with the procedure prescribed for the sale of movable property in e:ecution of a decree.B 6o--issions to e2a-ine accounts $$. 6o--ission to e2a-ine or adjust accounts In any suit in which an e:amination or adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit directing him to make such e:amination or adjustment. $#. 6ourt to /ive 6o--issioner necessary instructions %"' The Court shall furnish the Commissioner with such part of the proceedings and such instructions as appear necessary, and the instructions shall distinctly specify whether the Commissioner is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his e:amination. %-' /roceedings and report to be evidence. Court may direct further inquiry!The proceedings and report %if any' of the Commissioner shall be evidence in the suit, but where the Court has reason to be dissatisfied with them, it may direct such further inquiry as it shall think fit. 6o--issions to -a.e partitions $". 6o--ission to -a.e partition o( i--ovable property 7here a preliminary decree for partition has been passed, the Court may, in any case not provided for by section &A, issue a commission to such person as it thinks fit to make the partition or separation according to the rights as declared in such decree. $4. Procedure o( 6o--issioner %"' The Commissioner shall, after such inquiry as may be necessary, divide the property into as many shares as may be directly by the order under which the commission was issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award sums to be paid for the purpose of equali>ing the value of the shares. %-' The commissioner shall then prepare and sign a report or the Commission %where the commission was issued to more than one person and they cannot agree' shall prepare and sign separate reports appointing the share of each party and distinguishing each share %if so directed by the said order' by metes and bounds. (uch report or reports shall be anne:ed to the commission and transmitted to CourtC and the Court, after hearing any objections which the parties may make to the report or reports, shall confirm, vary or set aside the same.
8/
%8' 7here the Court confirms or varies the report or reports it shall pass a decree in accordance with the same as confirmed or variedC but where the Court sets aside the report or reports it shall either issue a new commission or make such other order as it shall think fit. Deneral provisions $H. 52penses o( co--ission to be paid into 6ourt Iefore issuing any commission under this rder, the Court may order such sum %if any' as it thinks reasonable for the e:penses of the commission to be, within a time to be fi:ed, paid into Court by the party at whose instance or for whose benefit the commission is issued. 3IF3 C =#T *6;516;5T(
*ndhra /radesh.!(ame as in 6adras. Karnataka.!(ame as in 6adras with substitution of the words Jany of the Courts mentioned in clause %c' of section ,+ of this CodeJ for the words Jforeign Courts under the provisions of section ,+J. J%-' Iefore e:ecuting and returning any commission issued by foreign Courts under the provisions of section ,+ the Court or the Commissioner required to e:ecute the commission may levy such fees as the 3igh Court may from time to time prescribe in this behalf in addition to the fees prescribed for the issue of summons to witnesses and for e:penses of such witnesses under rule - of rder EHI.J
$!. Po'ers o( 6o--issioners

*ny Commissioner appointed under this appointment,! rder may, unless otherwise directed by the order of
%a' e:amine the parties themselves and any witness whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to himC %b' call for and e:amine documents and other things relevant to the subject of inquiryC %c' at any reasonable time enter upon or into any land or building mentioned in the order. $J$!A. Fuestions objected to be(ore the 6o--issioner %"' 7here any question put to a witness is objected to by a party or his pleader in proceedings before a Commissioner appointed under this rder, the Commissioner shall take down the question, the answer, the objections and the name of the party or, as the case may be, the pleader so objecting: /rovided that the Commissioner shall not take down the answer to a question which is objected to on the ground of privilege but may continue with the e:amination of the witness, leaving the party to get the question of privilege decided by the Court, and, where the Court decides that there is no question of privilege, the witness may be recalled by the Commissioner and e:amined by him or the witness may be e:amined by the Court with regard to the question which was objected to on the gtound of privilege. %-' 5o answer taken down under sub!rule %"' shall be read was evidence in the suit e:cept by the order of the Court.B $<. Attendance and e2a-ination o( 'itnesses be(ore 6o--issioner %"' The provisions of this Code relating to the summoning, attendance and e:amination of witnesses, and to the remuneration of, and penalties to be imposed upon, witnesses, shall apply to persons required to give evidence or to produce documents under this rder whether the commission in e:ecution of which they are so required has been issued by a Court situate within or by a Court situate beyond the limits of "@IndiaB, and for the purposes of this rule the Commissioner shall be deemed to be a Civil Court: "@/rovided that when the Commissioner is not a Gudge of a Civil Court he shall not be competent to impose penaltiesC but such penalties may be imposed on the application of such Commissioner by the Court by which the commission was issued.B %-' * Commissioner may apply to any Court %not being a 3igh Court' within the local limits on whose jurisdiction a witness resides for the issue of any process which he may find it necessary to issue to or against such witness, and such Court may, in its discretion, issue such process as it considers reasonable and proper. $ . Parties to appear be(ore 6o--issioner
80
%"' 7here a commission is issued under this rder, the Court shall direct that the parties to the suit shall appear before the Commissioner in person or by their agents or pleaders. %-' 7here all or any of the parties do not so appear, the Commissioner may proceed in their absence. $ A. Application o( :rder to e2ecution proceedin/s> The provisions of this rder shall apply so far as may be, to proceedings in e:ecution of a decree or order. $ B. 6ourt to (i2 a ti-e (or return o( co--ission The Court issuing a commission shall fi: a date on or before which the commission shall be returned to it after e:ecution, and the date so fi:ed shall not be e:tended e:cept where the Court, for reasons to be recorded, is satisfied that there is sufficient cause for e:tending the date.B 6o--issions issued at the instance o( (orei/n &ribunals $9. 6ases in 'hich Hi/h 6ourt -ay issue co--ission to e2a-ine 'itness> %"' If a 3igh Court is satisfied! %a' that a foreign court situated in a foreign country wishes to obtain the evidence of a witness in any proceeding before it, %b' that the proceeding is of a civil nature, and %c' that the witness is residing within the limits of the 3igh CourtDs appellate jurisdiction, it may, subject to the provisions of the rule -$, issue a commission for the e:amination of such witness. %-' ;vidence may be given of the matters specified in clauses %a', %b' and %c' of sub!rule %"'! %a' by a certificate signed by the consular officer of the foreign country of the highest rank in India and transmitted to the 3igh Court through the Central Fovernment, or %b' by a letter of request issued by the foreign Court and transmitted to the 3igh Court through the Central Fovernment, or %c' by a letter of request issued by the foreign Court and produced before the 3igh Court by a party to the proceeding. #%. Application (or issue o( co--ission The 3igh Court may issue a commission under rule "?! %a' upon application by a party to the proceeding before the foreign Court, or %b' upon an application by a law officer of the (tate Fovernment acting under instructions from the (tate Fovernment. #$. &o 'ho- co--ission -ay be issued * commission under rule "? may be issued to any Court within the local limits of whose jurisdiction the witness resides, or the witness resides within the local limits of the ordinary original civil jurisdiction of the 3igh Court to any person whom the Court thinks fit to e:ecute the commission.
##. Issue+ e2ecution and return o( co--issions+ and trans-ission o( evidence to (orei/n 6ourt
The provisions of rules 9, "& "@(ub!rule %"' of rule "9*, ",, "+ and "+IB of this rder in so far as they are applicable shall apply to the issue, e:ecution and return of such commissions, and when any such commission has been duly e:ecuted it shall be returned, together with the evidence taken under it, to the 3igh Court, which shall forward it to the Central Fovernment, along with the letter of request for transmission to the foreign court.B 3IF3 C =#T *6;516;5T( Karnataka.!In rder EEHI, after rule --, insert the following rules, namely:! K#". ?$L &he 6ourt -ay in any suit issue a co--ission to such person or persons as it thin.s (it to translate accounts and docu-ents 'hich are not in the lan/ua/e o( the 6ourt. %-' Iefore issuing such a commission the Court may order such sum, if any, as it thinks reasonable for the e:penses of the commission to be paid into Court by the party at whose
81
instance or for whose benefit the commission has been issued within such time as may be fi:ed by the Court. %8' The report of the Commissioner shall be evidence in the suit and shall form part of the record. %A' 7here however a translation as required by rule "- of rder EII of this Code has already been filed into Court, no further commission under this rule need be issued. %&' * translation submitted by the Commissioner or Commissioners under this rule shall be verified in the manner prescribed in rule "- of rder EIII of this Code.
#4. &he provisions o( this order shall apply so (ar as -ay be+ to proceedin/s in e2ecution o( decree or order. 7eri(ied in the -anner prescribed in rule $# o( :rder EIII o( this 6ode.K ?'.e.(. "%> ">$9!<@ K#". Application o( order to e2ecution proceedin/s.>&he provisions o( this :rder and o( :rder EE7IA shall apply+ so (or as -ay be+ to proceedin/s in e2ecution o( a decree or :rder.K ?'.e.(. 9>!> $9#"@
%b' after
rder EEHI, insert the following
rder, namely:!
:*,5* EE7I A ". The Court may in any suit issue a commission to such person as it thinks fit to translate accounts and other documents which are not in the language of the Court. -. The report of the Commissioner shall be evidence in the suit and shall form part of the record. 8. Iefore issuing any!commission under this rder, the Court may order such sum
%if any' as it thinks reasonable for the e:pense of the commission to be, within a time to be fi:ed, paid in the Court by the party at whose instance or for whose benefit the commission is issued.J %a' after rule --, insert the following rules, namely: J-8. %i' The Court may in any suit issue a commission to such persons as it thinks fit to translate accounts or other documents which are not in Court language or to inspect documents for purposes to be specified in the order appointing such Commissioner. %ii' The report of the Commissioner shall be evidence in the suit and shall form part of the record. %iii' Iefore issuing any commission under this rder, the Court may order such sum %if any' as it thinks reasonable for the e:pense of the commission to be, within a time to be fi:ed, paid in the Court by the party at whose instance or for whose benefit the commission is issued.J
82

I.A. NoAA..
Bet'een:
@@@@@@@@@
(1)
Application iled on &ehal o the ApplicantB @@@@. <nder Crder MM=I, Rule- 8 RB# Sec.111 CPC
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le court &e pleased to appoint court commissioner or local inspection more particularly the Asst. Director o :and Records, Aellary, in order to measure and i! the &oundaries o the suit property and dra# s%etch #ith entire topography sho#ing the situation o the properties o the plainti and de endants plot 5o. 18, 29 and 21 in ;.S.5o. //2B1A situated in ;.S. ,ard 5o.22, Aloc% 5o. /1, Holdsmith Colony (Aandihatti and Aelagal Road) Co#l AaQaar, Aellary and encroachments i any &y any o the parties to the suit in the interest o $ustice.
(")
Application iled on &ehal o the ApplicantB @@@@. <nder

Crder-MM=I, Rule-8 RB# Section-111 o Code o Ci"il Procedure6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le Court &e pleased to appoint a court commissioner more particularly, the Assistant Director o :and Records, Aellary and direct the Court Commissioner to demarcate the road portion in Srini"asa Iyer compound #here the suit schedule properties o &oth suits are situated as per the sur"ey records and also to note do#n the measurements o encroachments i any made &y the parties to &oth suits on either side o the road and su&mit his report #ith topography o entire area #ith s%etch, in the interest o $ustice.
87
(')

Crder-MM=I, Rule-8, RB# Section-71 and 111 o Code o Ci"il Procedure+or the reasons mentioned in the accompanying affidavit it is prayed that the %on,b(e co$rt may be p(eased to appoint a commissioner*Advocate for physica( inspection" (oca( investigation of the s$it property and s$bmit a report to the %on,b(e co$rt" which wo$(d meet ends of -$stice and e.$ity!
(+)

Order-AA@I Rule-1!A R5. Section-,*(e) o$ 6ode o$ 6i)il Procedure: 6or the reasons mentioned in the accompanying A ida"it, it is prays that the Eon4&le Court may &e pleased to issue a commission to thum& impression e!pert to gi"e opinionBreport &y comparing that #hether the thum& impression o"er the disputed documents i.e., *!.D-1(Sale Deed dated-19-97-1877 &earing registration no.887B77-78), *!.D-2 (Sale Deed dated-11-92-1871 &earing registration no.0791B79-71) and on admitted document i.e., *!.P-17(Sale Deed dated- 18-97-1822 e!ecuted in a"our o Eonnurappa &y Smt.Hundamma) &elongs to Smt.Hundamma or not, #hich #ould meet the ends o $ustice.
(*)

Order- AA@I Rule-1! (A) Read .it% Sec-,* (e) 0+ and 1*1 6P6:
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon'&le Court &e pleased to issue a Commission to a Eand#riting *!pert o 6orensic Science :a&oratory at Aangalore or Da"anagere or the purpose o comparing and e!amining the admitted and disputed signatures o one S. San%aramma on *!hi&it P-1(&),&eing the Partition Deed dated-98-90-1801, *!hi&it P- 0 &eing the Registered Po#er o Attorney Dated12-7-72 *!hi&it-P2(a) O (&) &eing the Registered ,ill dated 28-19-1877and *!hi&it-D 27(&), (c) O (d) &eing the ,ill dated 11-92-1879 to e!amine the signatures on these documents and to gi"e his report and opinion, #hether the signatures on all these e!hi&its tally or not and the reasons also, #hich #ould meet the ends o $ustice.
87
(&)
Application $iled on (e%al$ o$ t%e Applicant5 BBBB. Cnder Order-
AA@I Rule-1 and " R5.. Section-1*1 o$ 6ode o$ 6i)il Procedure:

+or the reasons mentioned in the accompanying affidavit it is prayed that the %on,b(e co$rt may be p(eased to appoint a commissioner*Advocate for recording the evidence of the /#*0/D#*0 and s$bmit a report to the %on,b(e co$rt" which wo$(d meet ends of -$stice and e.$ity!
(,)
Application $iled on (e%al$ o$ t%e Applicant5 BBBB. Cnder Order-
AA@I Rule-1' and 1*1 o$ 6ode o$ 6i)il Procedure:

+or the reasons mentioned in the accompanying affidavit it is prayed that the %on,b(e co$rt may be p(eased to !!" which wo$(d meet ends of -$stice and e.$ity!
88


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: 1. As I am the plainti Bde endant herein and as such I am ully con"ersant #ith the acts and circumstances o the a&o"e case. 2. ;he a&o"e case is stands posted on or e"idence o the plainti . In spite o my due diligence I could not produced the documents #hich are mentioned in the separate list herein. <=ote> reasons has to !e mentioned here as per *o r case facts and circ mstances.? (I$ /our application is not allo.ed .%at .ill going to (e %appen and .%at are t%e %arm going to (e cause /ou t%at /ou s%ould e2plain %ere ) /. Eence, it is prayed that the Eon4&le Court may &e pleased to@@( /our pra/er) .................. @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ @@@@@@@@@@@@@@@@@@@, in the interest o Iustice.
Identified by me
Advocate
----------------
Deponent efore me!
199
50../pert opinion application (O-26,R-10($))

:*,5* EE7I. :*,5* EE7I M 6:MMI))I:N) ?&H5 ;I*)& )6H5,985@
Rule: $%A. 6o--ission (or scienti(ic investi/ation %"' 7here any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or e:pedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court. %-' The provisions of rule "$ of the rder shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule ?. Civil /rocedure Code "?$+ , (ection ,& ,&. /ower of court to issue commissions. (ubject to such conditions and limitations as may be prescribed, the court may issue a commission! %a' to e:amine any personC %b' to make a local investigationC %c' to e:amine or adjust accountsC or %d' to make a partitionC "@%e' to hold a scientific, technical, or e:pert investigationC %f' to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suitC %g' to perform any ministerial act.B
191

I.A. NoAA..
Bet'een:
@@@@@@@@@
(1)
Application iled on &ehal o the ApplicantB@@@@. <nder Crder-MM=I, Rule-19A RB# Section-71(e) o Code o Ci"il Procedure6or the reasons mentioned in the accompanying A ida"it, it is prays that the Eon4&le Court may &e pleased to issue a commission to hind #riting e!pert to gi"e opinionBreport &y comparing that #hether the signature o"er the disputed documents i.e., *!.D-1 daily payment Aoo% and "a%alth o the plainti &elongs to plainti or not, #hich #ould meet the ends o $ustice.
192
(")

Order-AA@I Rule-1!A R5. Section-,*(e) o$ 6ode o$ 6i)il Procedure: 6or the reasons mentioned in the accompanying A ida"it, it is prays that the Eon4&le Court may &e pleased to issue a commission to thum& impression e!pert to gi"e opinionBreport &y comparing that #hether the thum& impression o"er the disputed documents i.e., *!.D-1(Sale Deed dated-19-97-1877 &earing registration no.887B77-78), *!.D-2 (Sale Deed dated-11-92-1871 &earing registration no.0791B79-71) and on admitted document i.e., *!.P-17(Sale Deed dated- 18-97-1822 e!ecuted in a"our o Eonnurappa &y Smt.Hundamma) &elongs to Smt.Hundamma or not, #hich #ould meet the ends o $ustice.
(')

Order- AA@I Rule-1! (A) Read .it% Sec-,* (e) 0+ and 1*1 6P6:
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon'&le Court &e pleased to issue a Commission to a Eand#riting *!pert o 6orensic Science :a&oratory at Aangalore or Da"anagere or the purpose o comparing and e!amining the admitted and disputed signatures o one S. San%aramma on *!hi&it P-1(&),&eing the Partition Deed dated-98-90-1801, *!hi&it P- 0 &eing the Registered Po#er o Attorney Dated12-7-72 *!hi&it-P2(a) O (&) &eing the Registered ,ill dated 28-19-1877and *!hi&it-D 27(&), (c) O (d) &eing the ,ill dated 11-92-1879 to e!amine the signatures on these documents and to gi"e his report and opinion, #hether the signatures on all these e!hi&its tally or not and the reasons also, #hich #ould meet the ends o $ustice. DatePlaceAd)ocate $or Applicant5s
19/

A$$ida)it o$ t%e Applicant: I, @@@@@@@@@..SBo. @@@@@@@, aged a&out @@.years, Eindu, agriculturist, RBo ;horanagal "illage, Aellary talu% and District, no# come o"er to Aellary, do here&y on solemn a irmation state on oath as ollo#s1. I am the @@@@@@. in the a&o"e case and as such I am ully con"ersant #ith the acts and circumstances o the case. 2. ;he a&o"e case is stands posted on today or the purpose o urther e"idence o the @@@@@.. 3. {Note: your case facts has to be mentioned here 0. 5ote{Note: reasons has to be mentioned @@@@@@@@@@@@@@@@@@
here.}
1. It is essential to ind out #hether the signature o the plainti &elongs plainti or not on *!.D-1 daily payment Aoo% and "a%alth o the plainti &elongs to plainti 2. I my application #ill &e allo#ed no pre$udice #ill &e caused to other side moreo"er it helps to ad$udicate the matter completely and i my application #ill not &e allo#ed then I and my mother &oth #ill &e put to great hardship and loss. 7. Eence, &y considering the said acts, prays that the Eon4&le Court may &e pleased to issue a commission to hind #riting e!pert to gi"e opinionBreport &y comparing that #hether the signature o"er the disputed documents i.e., *!.D-1 daily payment Aoo% and "a%alth o the plainti &elongs to plainti or not, #hich #ould meet the ends o $ustice. Identi ied &y me
Ad"ocate.
Deponent.
efore me!
----------
190 51. $ppointment of commissioner in partition s it (O-26, R-1+)

OR31R AA@I 6O;;ISSIONS 6ommissions to make partitions Rule: 1'. 6ommission to make partition o$ immo)a(le propert/ ,here a preliminary decree or partition has &een passed, the Court may, in any case not pro"ided or &y section 10, issue a commission to such person as it thin%s it to ma%e the partition or separation according to the rights as declared in such decree.
----------
191
#2.$ppointment of @ ardian to 8inor (O-+2, R-1)

:*,5* EEEII )9I&) B= :* ADAIN)& MIN:*) AN, P5*):N) :; 9N):9N, MIN,
Rule: $. Minor to sue by ne2t (riend ;very suit by a minor shall be instituted in his name by a person who in such shall be called the ne:t friend of the minor. "@;:planation!In this rder, JminorJ means a person who has not attained his majority within the meaning of section 8 of the Indian 6ajority *ct, "+,& %? of "+,&' where the suit relates to any of the matters mentioned in clauses %a' and %b' of section - of that *ct or to any other matter.B
192

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application 6iled on Aehal o the ApplicantBsB@@@@.under

Crder-/2, Rule- 1, RB# section 111 o C.P.C
6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le court may &e pleased to appoint plainti no.1(d) herein as Huardian and ne!t riend to represent sa e guard and protect the interest o minors Plainti 5o.1(e) to 1(h) , #hich #ould meet the ends o $ustice. DatePlaceAd)ocate $or Applicant5s
197


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 8. The averments made in the plaint may be read as part of this affidavit to avoid the repetition. {Note: reasons has to be mentioned here as per your case facts and circumstances.} 0. I ha"e already iled an application to &rought the legal representati"es o deceased namely @@@@@@@@.. on record. As deceased died lea"ing &ehind his #i e and 0 minor children as his sole legal representati"es, they #ere also &rought on record as plainti s. Eence, it is necessary to appoint plainti no.1(d) as ne!t guardian to represent the minors as she is the natural mother to them. 1. Eence, it is prayed that the Eon4&le court may &e pleased to appoint plainti no.1(d) namely @@@@@@@@@ herein as Huardian and ne!t riend to represent sa e guard and protect the interest o minors Plainti 5o.1(e) to 1(h) , #hich #ould meet the ends o $ustice.

------------
197
53. @ ardian for minor defendant (O-+2, R-+)

OR31R AAAII SCI#S HJ OR A?AINS# ;INORS AN3 P1RSONS O4 CNSOCN3 ;IN3 Rule: '. ?uardian $or t%e suit to (e appointed (/ 6ourt $or minor de$endant(1) ,here the de endant is a minor the Court, on &eing satis ied o the act o his minority, shall appoint a proper person to &e guardian or the suit or such minor. (2) An order or the appointment o a guardian or the suit may &e o&tained upon application in the name and on &ehal o the minor or &y the plainti . (/) Such application shall &e supported &y an a ida"it "eri ying the act that the proposed guardian has no interest in the matters in contro"ersy in the suit ad"erse to that o the minor and that he is a it person to &e so appointed. (0) Crder shall &e made on any application under this rule e!cept upon notice to any 1SSS to any guardian o the minor appointed or declared &y an authority competent in that &ehal , or, #here there is no such guardian, 2.upon notice to the ather or #here there is no ather, to the mother, or #here there is no ather or mother, to other natural guardian' o the minor, or, #here there is 2.no ather, mother or other natural guardian', to the person in #hose care the minor is, and a ter hearing any o&$ection #hich may &e urged on &ehal o any person ser"ed #ith notice under this su&-rule. /.(0A) ;he Court may, in any case, i it thin%s it, issue notice under su&-rule (0) to the minor also.' (1) A person appointed under su&-rule (1) to &e guardian or the suit or a minor shall, unless his appointment is terminated &y retirement, remo"al or death, continue as such throughout all proceedings arising out o the suit including proceedings in any Appellate or Re"isional Court and any proceedings in the e!ecution o a decree. ------------------
198 54.4ompromise the s it on !ehalf of 8inor (O-+2, R-&)

OR31R AAAII SCI#S HJ OR A?AINS# ;INORS AN3 P1RSONS O4 CNSOCN3 ;IN3 Rule: ,. Agreement or compromise (/ ne2t $riend or guardian $or t%e suit (1) 5o ne!t riend or guardian or the suit shall, #ithout the lea"e o the Court, e!pressly recorded in the proceedings, enter into any agreement or compromise on &ehal o a minor #ith re erence to the suit in #hich he acts as ne!t riend or guardian. 1.(1A) An application or lea"e under su&-rule (1) shall &e accompanied &y an a ida"it o the ne!t riend o the guardian or the suit, as the case may &e, and also, i the minor is represented &y a pleader, &y the certi icate o the pleader, to the e ect that the agreement or compromise proposed is, in his opinion, or the &ene it o the minorPro"ided that the opinion so e!pressed, #hether in the a ida"it or in the certi icate shall not preclude the Court rom e!amining #hether the agreement or compromise proposed is or the &ene it o the minor.' (2) Any such agreement or compromise entered into #ithout the lea"e o the Court so recorded shall &e "oida&le against all parties other than the minor. -------------------
119 55. 8inor on attaining ma3orit* to proceed (ith s it (O-+2, R-12(1))

OR31R AAAII SCI#S HJ OR A?AINS# ;INORS AN3 P1RSONS O4 CNSOCN3 ;IN3 Rule: 1". 6ourse to (e $ollo.ed (/ minor plainti$$ or applicant on attaining
ma8orit/
(1) A minor plainti or a minor not a party to a suit on #hose &ehal an application is pending shall, on attaining ma$ority, elect #hether he #ill proceed #ith the suit or application. (2) ,here he elects to proceed #ith the suit or application, he shall apply or an order discharging the ne!t riend and or lea"e to proceed in his o#n name. (/) ;he title o the suit or application shall in such case &e corrected so as to read hence orth thus+A.A., late a minor, &y C.D., his ne!t riend, &ut no# ha"ing attained ma$ority.+ (0) ,here he elects to a&andon the suit or application, he shall, i a sole plainti or sole applicant, apply or an order to dismiss the suit or application on repayment o the costs incurred &y the de endant or opposite party or #hich may ha"e &een paid &y his ne!t riend. (1) Any application under this rule may &e made e!parte &ut no order discharging a ne!t riend and permitting a minor plainti to proceed in his o#n name shall &e made #ithout notice to the ne!t riend. -------------
111 5 . $rrest !efore 3 dgment application (O-+,, R-1)

Ci"il Procedure Code 1897 CRD*R MMM=III - ARR*S; A5D A;;ACE3*5; A*6CR* I<DH3*5;
Arrest (e$ore 8udgment

Rule: 1. ,here de endant may &e called upon to urnish security or appearance,here at any stage o a suit, other than a suit o the nature re erred to in section 12, clauses (a) to (d), the Court is satis ied, &y a ida"it or other#ise,(a) that the de endant, #ith intent to delay the plainti , or to a"oid any process o the Court or to o&struct or delay the e!ecution o any decree that may &e passed against him(i) has a&sconded or le t the local limits o the $urisdiction o the Court, or (ii) is a&out to a&scond or lea"e the local limits o the $urisdiction o the Court his property or any part thereo , or (iii) has disposed o or remo"ed rom the local limits o the $urisdiction o the Court his property or any part thereo , or (&) that the de endant is a&out to lea"e India under circumstances a ording reasona&le pro&a&ility that the plainti #ill or may there&y &e o&structed or delayed in the e!ecution o any decree that may &e passed against the de endant in the suit, the Court may issue a #arrant to arrest the de endant and &ring him &e ore the Court to sho# cause #hy he should not urnish security, or his appearancePro"ided that the de endant shall not &e arrested i he pays to the o icer enstrusted #ith the e!ecution o the #arrant any sum speci ied in the #arrant as su icient to satis y the plainti 's claimF and such sum shall &e held in deposit &y the Court until the suit is disposed o or until the urther order o the Court.
Section : 1&. o$ 6.P.6.

Section - 12. Suits to &e instituted #here su&$ect-matter situate. Su&$ect to the pecuniary or other limitations prescri&ed &y any la#, suits(a) or the reco"ery o immo"a&le property #ith or #ithout rent or pro its, (&) or the partition o immo"a&le property, (c) or oreclosure, sale or redemption in the case o a mortgage o or charge upon immo"a&le property, (d) or the determination o any other right to or interest in immo"a&le property, (e) or compensation or #rong to immo"a&le property, ( ) or the reco"ery o mo"a&le property actually under distraint or attachment, shall &e instituted in the Court #ithin the local limits o #hose $urisdiction the property is situate Pro"ided that a suit to o&tain relie respecting, or compensation or #rong to, immo"a&le property held &y or on &ehal o the de endant, may #here the relie sought can &e entirely o&tained through his personal o&edience &e instituted either in the Court #ithin the local limits o #hose $urisdiction the property is situate, or in the Court #ithin the local limits o #hose $urisdiction the de endant actually and "oluntarily resides, or carries on &usiness, or personally #or%s or gain.
112

5.P. No. AAA.BAAAA. Bet'een:
....... >AN,> ........ !!! G.1.#0s !!! 1.3.#0s
I.A. NoAA..
Bet'een:
@@@@@@@@@
Application iled on &ehal o the ApplicantB@@@@.<nder Crder

MMM=III, Rule-1, RB#. Section 111 o CPC.
6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le court may &e pleased to pass an order o arrest o opponent &e ore $udgment, #hich #ould meet the ends o Iustice.
11/

::A((idavit o( the Applicant NoA. :: I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows:
". I am the applicant05o.. herein and plaintiff. in the above case and as such we are fully conversant with the facts of the case. 2. ;he a"erments made in my plaint may &e read as part and parcel o this a ida"it to a"oid repetition. /. I ha"e iled the a&o"e suit against the de endant or reco"ery o the suit claim due under the promissory note e!ecuted &y the de endant.
{Note: reasons has to be mentioned here as per your case facts and circumstances.}
0. It is relia&ly learnt that the de endant is ma%ing rantic e orts to #ith an mischie"ous intention to e"ade the payment ma%ing rantic e orts. 1. ;here ore it is prayed that the Eon4&le court may &e pleased to pass an order o arrest &e ore $udgment to the opponent, #hich #ould meet the ends o Iustice.
-------------
110 5!. $ttachment !efore 6 dgment application (O-+,, R-#)

Ci"il Procedure Code 1897 CRD*R MMM=III - ARR*S; A5D A;;ACE3*5; A*6CR* I<DH3*5;
Attac%ment (e$ore 8udgment

Rule-1. ,here de endant may &e called upon to urnish security or production o property (1) ,here, at any stage o a suit, the Court is satis ied, &y a ida"it or other#ise, that the de endant, #ith intent to o&struct or delay the e!ecution o any decree that may &e passed against him,(a) is a&out to dispose o the #hole or any part o his property, or (&) is a&out to remo"e the #hole or any part o his property rom the local limits o the $ urisdiction o the Court, the Court may direct the de endant, #ithin a time to &e i!ed &y it, either to urnish security, in such sum as may &e speci ied in the order, to produce and place at the disposal o the Court, #hen reGuired, the said property or the "alue o the same, or such portion thereo as may &e su icient to satis y the decree, or to appear and sho# cause #hy he should not urnish security. (2) ;he plainti shall, unless the court other#ise directs, speci y the property reGuired to &e attached and the estimated "alue thereo . (/) ;he Court may also in the order direct the conditional attachment o the #hole or any portion o the property so speci ied. 1.(0) I an order o attachment is made #ithout complying #ith the pro"isions o su&rule (1) o this rule such attachment shall &e "oid.' 2. Attachment #here cause not sho#n or security not urnished (1) ,here the de endant ails to sho# cause #hy he should not urnish security, or ails to urnish the security reGuired, #ithin the time i!ed &y the Court, the Court may order that the property speci ied, or such portion thereo as appears su icient to satis y any decree #hich may &e passed in the suit, &e attached. (2) ,here the de endant sho#s such cause o urnishes the reGuired security, and the property speci ied or any portion o it has &een attached, the Court shall order the attachment to &e #ithdra#n, or ma%e such other order as it thin%s it.
111

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application iled on &ehal o the ApplicantB@@@@.<nder Crder

MMM=III, Rule-1, RB#. Section 111 o CPC.
6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le court may &e pleased to pass an order o attachment o the properties mentioned in the accompanying Application &e ore $udgment, #hich #ould meet the ends o Iustice. --Schedule.-=anded properties situate .it%in t%e registration district o$ Hellar/ and su(-registration district o$ Hellar/ situated at Hellar/ Hellar/ #aluk and 3istrict %a)ing t%e $ollo.ing description. 1. S/.No."08 ". S/.No."00 DatePlaceAd)ocate $or Applicant5s5Plainti$$5s
measuring measuring
!.0" cents !.0! cents (out o$)
112
:.). No. AAA.BAAAA.
Bet'een:
". I am the applicant05o.. herein and plaintiff. in the above case and as such we are fully conversant with the facts of the case. 2. ;he a"erments made in my plaint may &e read as part and parcel o this a ida"it to a"oid repetition. /. I ha"e iled the a&o"e suit against the de endant or reco"ery o the suit claim due under the promissory note e!ecuted &y the de endant.
0. It is relia&ly learnt that the de endant is ma%ing rantic e orts to alienate the properties sho#n in the schedule to the application. ;he de endant #ith an mischie"ous intention to e"ade the payment ma%ing rantic e orts to dispose o the schedule property #hich is the only property ha"ing &y the de endant. I the de endant succeeded in his attempts in alienating the suit schedule properties I am not in a position to reco"er the suit claim and iling o the suit and passing the orders thereon only a paper decree and I am una&le to use the ruits o the decree #hich are going to &e passed &y this Eon4&le court in the a&o"e suit. In act, the de endant instructed one 3alleshappa to search or the &uyers in order to sell a#ay his property #ith an intention to raud my legal rights due under the promissory note. ;he said 3alleshappa in ormed me that the de endant is intending to sell a#ay the schedule properties to the third parties. 1. <nder the a&o"e stated circumstances, I am ad"ised to ile an application to see% or the attachment &e ore $udgment o the schedule properties, #hich are more ully descri&ed to the schedule to the application. I the Eon4&le court pleased to not to attach the properties &e ore Iudgment, I #ill &e put to great hardship and in$ury and the same cannot &e compensated in terms o money. I the Eon4&le court attached the properties, the de endant #ill not &e put to any hardship or in$ury as the said attachment is a conditional attachment and the de endant &y gi"ing a security can raise the attachment.
117
2. ;here ore it is prayed that the Eon4&le court may &e pleased to pass an order o attachment o the properties mentioned in the accompanying application &e ore $udgment, #hich #ould meet the ends o Iustice.
-------------
Deponent efore me!
117
5".Temporar* In3 nction $pplication (O-+-, R-1 and 2, 10)

6i)il Procedure 6ode 10!8 OR31R AAAIA #1;PORARJ IN9CN6#IONS AN3 IN#1R=O6C#ORJ OR31RS (#71 4IRS# S6713C=1) ;emporary in$unctions &y the plainti or de endant Rule: 1. Cases in #hich temporary in$unction may &e granted 1,here in any suit it is pro"ed &y a ida"it or other#ise(a) that any property in dispute in a suit is in danger o &eing #asted, damaged or alienated &y any party to the suit, or #rong ully sold in e!ecution o a decree, or (&) that the de endant threatens, or intends, to remo"e or dispose o his property #ith a "ie# to 2.de rauding' his creditors, /.(c) that the de endant threatens to dispossess, the plainti or other#ise cause in$ury to the plainti in relation to any property in dispute in the suit,' the Court may &e order grant a temporary in$unction to restrain such act, or ma%e such other order or the purpose o staying and pre"enting the #asting, damaging, alienation, sale, remo"al or disposition o the property /.or dispossession o the plainti , or other#ise causing in$ury to the plainti in relation to any property in dispute in the suit' as the Court thin%s it, until the disposal o the suit or until urther orders.
118

....... >AN,> ........ !!! 1efenant0s !!! /laintiff0s
I.A. NoAA..
Bet'een:
@@@@@@@@@
Application $iled on (e%al$ o$ t%e Applicant5Plainti$$ under Order-'0 Rule1 " and 1! R5. Sections-0+ and 1*1 o$ t%e code o$ ci)il procedure: (1) 6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le Court may &e pleased to grant ad-interim temporary in$unction restraining the de endant, her men, agents, ser"ants, assigns or any such person claiming any right through her, rom alienating or encum&ering the suit schedule property in a"our o any third parties, till the disposal o the a&o"e suit, #hich #ould meet the ends o $ustice. :)6H5,985:
(2) 6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le court may &e please to grant ad interim temporary in$unction in a"our o the applicantBplainti and against the opponentBde endant temporarily restraining the opponent, his agents, ser"ants, assignees, e!ecutors, nominees or any other person or persons claiming right o"er the applicationBplaint schedule property through them rom dispossessing the plainti Bapplicant rom the suitBapplication schedule property till the inal disposal o the suit, in the interest o $ustice.
:)6H5,985:
129
(/) 6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le court &e pleased to pass ad-interim orders o in$unction restraining the CpponentBs, their henchmen, relati"es, ser"ants, agents, administrators, heirs, o icials and all such other persons claiming interest through them, rom inter ering in the peace ul possession and en$oyment o the schedule property in the application schedule lands, till the disposal o the a&o"e suit, in the interest o $ustice and eGuity.
::S6713C=1::
(0) 6or the reasons mentioned in the accompanying a ida"it, it is prays that the Eon4&le Court may &e pleased to grant ad-interim temporary in$unction &y restraining the de endantBs, theirBhis men, agents, ser"ants, assigns or any such person claiming any right through them, rom constructing (in any manner e! or putting up hutsB encingBpipe line) in the suit schedule property till the disposal o the a&o"e suit, #hich #ould meet the ends o $ustice.
::S6713C=1::
(1) 6or the reasons mentioned in the accompanying a ida"it, it is prays that the Eon4&le Court may &e pleased to grant ad-interim temporary in$unction &y restraining the de endantBs, theirBhis men, agents, ser"ants, assigns or any such person claiming any right through them, rom demolishing (in any manner) the suit schedule property till the disposal o the a&o"e suit, #hich #ould meet the ends o $ustice.
::S6713C=1::
121

". I am the applicant05o.. here in and plaintiff. in the above case and as such we are fully conversant with the facts of the case. 2. ;he a"erments made in my plaint may &e read as part and parcel o this a ida"it to a"oid repetition. /. I ha"e iled the a&o"e suit against the de endant or @@@@@@@@@@.
4. {Note: reasons has to be mentioned here as per your case facts and circumstances.}
1. I ha"e got a prima acie o the case and &alance o con"enience is in my a"our and i the de endantBs are succeeded in their attempts as stated supraBa&o"e much hardship, irrepara&le loss and in$ury #ill cause to me. I the de endant is succeeded in his attempts, then my "alua&le rights o"er the plaint schedule property #ill &e depri"ed o and also my "alua&le rights #ill &e $eopardiQed, as such I #ill &e put to much hardship, loss and in$ury. I my application is allo#ed, the CpponentBde endant #ill not &e put to any loss or in$ury. 2. Eence I pray that the Eon4&le court may &e pleased to grant ad-interim
temporary in$unction in my a"our and against the CpponentBde endant temporarily Ao r pra*er CpponentBde endant, their men, agents, ser"ants, heirs, relati"es, assignees, e!ecutors, nominees or any other person or persons claiming right o"er the plaint schedule property through them@@@@@@@@@@@@@@@@@, #hich #ould meet the ends o
Iustice.
------------
Deponent efore me!
122 59. $rrest of Opponent for Biolating T.I (O-+-, R-2(a))

OR31R AAAIA #1;PORARJ IN9CN6#IONS AN3 IN#1R=O6C#ORJ OR31RS Rule: "A. 6onse<uence o$ diso(edience or (reac% o$ in8unction (1) In the case o diso&edience o any in$unction granted or other order made under rule 1 or rule 2 or &reach o any o the terms on #hich the in$unction #as granted or the order made, the Court granting the in$unction or ma%ing the order, or any Court to #hich the suit or proceeding is trans erred, may order the property o the person guilty o such diso&edience or &reach to &e attached, and may also order such person to &e such diso&edience or &reach to &e attached, and may also order such person to &e detained in the ci"il prison or a term not e!ceeding three months, unless in the meantime the Court directs his release. (2) 5o attachment made under this rule shall remain in orce or more than one year, at the end o #hich time i the diso&edience or &reach continues, the property attached may &e sold and out o the proceeds, the Court may a#ard such compensation as it thin%s it to the in$ured party and shall pay the &alance, i any, to the party entitled thereto.' -------------------
12/
0.0efendant claiming In3 nction against plaintiff (Order-+-, R le-1 and 2)
6i)il Procedure 6ode 10!8 OR31R AAAIA #1;PORARJ IN9CN6#IONS AN3 IN#1R=O6C#ORJ OR31RS (#71 4IRS# S6713C=1) ;emporary in$unctions &y the plainti or de endant Rule: 1. Cases in #hich temporary in$unction may &e granted 1,here in any suit it is pro"ed &y a ida"it or other#ise(a) that any property in dispute in a suit is in danger o &eing #asted, damaged or alienated &y any party to the suit, or #rong ully sold in e!ecution o a decree, or (&) that the de endant threatens, or intends, to remo"e or dispose o his property #ith a "ie# to 2.de rauding' his creditors, /.(c) that the de endant threatens to dispossess, the plainti or other#ise cause in$ury to the plainti in relation to any property in dispute in the suit,' the Court may &e order grant a temporary in$unction to restrain such act, or ma%e such other order or the purpose o staying and pre"enting the #asting, damaging, alienation, sale, remo"al or disposition o the property /.or dispossession o the plainti , or other#ise causing in$ury to the plainti in relation to any property in dispute in the suit' as the Court thin%s it, until the disposal o the suit or until urther orders.
120

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Bet'een:
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Application $iled on (e%al$ o$ t%e Applicant5Plainti$$ under Order-'0 Rule-1 " and 1! R5. Sections-0+ and 1*1 o$ t%e code o$ ci)il procedure:
(1) 6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le Court may &e pleased to grant ad-interim temporary in$unction restraining the de endant, her men, agents, ser"ants, assigns or any such person claiming any right through her, rom alienating the suit schedule property in a"our o any third parties, till the disposal o the a&o"e suit, #hich #ould meet the ends o $ustice. :)6H5,985:
(2) 6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le court may &e please to grant ad interim temporary in$unction in a"our o the applicantBplainti and against the opponentBde endant temporarily restraining the opponent, his agents, ser"ants, assignees, e!ecutors, nominees or any other person or persons claiming right o"er the applicationBplaint schedule property through them rom dispossessing the plainti Bapplicant rom the suitBapplication schedule property till the inal disposal o the suit, in the interest o $ustice.
:)6H5,985:
121
(/) 6or the reasons mentioned in the accompanying a ida"it, it is prayed that the Eon4&le court &e pleased to pass ad-interim orders o in$unction restraining the CpponentBs, their henchmen, relati"es, ser"ants, agents, administrators, heirs, o icials and all such other persons claiming interest through them, rom inter ering in the peace ul possession and en$oyment o the schedule property in the application schedule lands, till the disposal o the a&o"e suit, in the interest o $ustice and eGuity.
::S6713C=1::
(0) 6or the reasons mentioned in the accompanying a ida"it, it is prays that the Eon4&le Court may &e pleased to grant ad-interim temporary in$unction &y restraining the de endantBs, theirBhis men, agents, ser"ants, assigns or any such person claiming any right through them, rom constructing (in any manner e! or putting up hutsB encingBpipe line) in the suit schedule property till the disposal o the a&o"e suit, #hich #ould meet the ends o $ustice.
::S6713C=1::
(1) 6or the reasons mentioned in the accompanying a ida"it, it is prays that the Eon4&le Court may &e pleased to grant ad-interim temporary in$unction &y restraining the de endantBs, theirBhis men, agents, ser"ants, assigns or any such person claiming any right through them, rom demolishing (in any manner) the suit schedule property till the disposal o the a&o"e suit, #hich #ould meet the ends o $ustice.
::S6713C=1::
122

". I am the applicant05o.. here in and plaintiff. in the above case and as such we are fully conversant with the facts of the case. 2. ;he a"erments made in my plaint may &e read as part and parcel o this a ida"it to a"oid repetition. /. I ha"e iled the a&o"e suit against the de endant or @@@@@@@@@@.
0. I ha"e got a prima acie o the case and &alance o con"enience is in my a"our and i the de endantBs are succeeded in their attempts as stated supraBa&o"e much hardship, irrepara&le loss and in$ury #ill cause to me. I the de endant is succeeded in his attempts, then my "alua&le rights o"er the plaint schedule property #ill &e depri"ed o and also my "alua&le rights #ill &e $eopardiQed, as such I #ill &e put to much hardship, loss and in$ury. I my application is allo#ed, the respondentBde endant #ill not &e put to any loss or in$ury. 1. Eence I pray that the Eon4&le court may &e pleased to grant ad-interim
temporary in$unction in my a"our and against the respondentBde endant temporarily restraining the respondentBde endant, their men, agents, ser"ants, heirs, relati"es, assignees, e!ecutors, nominees or any other person or persons claiming right o"er the plaint schedule property through them@@@@@@@@@@@@@@@@@, #hich #ould meet the ends o
Iustice.
------------
Deponent efore me!
127 1.$ppointment of Recei"er (O-C:, R-#(1))

OR31R A= APPOIN#;1N# O4 R161I@1RS 1. Appointment o$ recei)ers (1) ,here it appears to the Court to &e $ust and con"enient, the Court may &y order(a) appointment a recei"er o any property, #hether &e ore or a ter decreeF (&) remo"e any person rom the possession or custody o the propertyF (c) commit the same to the possession, custody or management o the recei"erF and (d) con er upon the recei"er all such po#ers, as to &ringing and de ending suits and or the realiQation, management, protection, preser"ation and impro"ement o the property, the collection o the rents and pro its thereo , the application and disposal o such rents and pro its, and the e!ecution o documents as the o#ner himsel has, or such those po#ers as the Court thin%s it. (2) 5othing in this rule shall authoriQe the Court to remo"e rom the possession or custody o property any person #hom any party to the suit has not a present right so to remo"e. ---------------
127 2.$ppellant co rt to sta* the lo(er co rt decree(O-C:I, R-#(1)) 2/.Sta/ (e$ore same court .%ic% passed decree (O-A=I R-*("))
OR31R A=I APP1A=S 4RO; ORI?INA= 316R11S Sta/ o$ proceedings and o$ e2ecution Rule: *. Sta/ (/ Appellate 6ourt (1) An appeal shall not operate as a stay o proceedings under a decree or order appealed rom e!cept so ar as the Appellate Court may order, nor shall e!ecution o a decree &e stayed &y reason only o an appeal ha"ing &een pre erred rom the decreeF &ut the Appellate Court may or su icient cause order stay o e!ecution o such decree. 1.*!planationLAn order &y the Appellate Court or the stay o e!ecution o the decree shall &e e ecti"e rom the date o the communication o such order to the Court o irst instance, &ut an a ida"it s#orn &y the appellant, &ased on his personal %no#ledge, stating that an order or the stay o e!ecution o the decree has &een made &y the Appellate Court shall, pending the receipt rom the Appellate Court o the order or the stay o e!ecution or any order to the contrary, &e acted upon &y the Court o irst instance.' (2) Stay &y Court #hich passed the decreeL,here an application is made or Stay o e!ecution o an appeala&le decree &e ore the e!piration o the time allo#ed or appealing there rom, the Court #hich passed the decree may on su icient cause &eing sho#n order the e!ecution to &e stayed. -----------
128
6%.Restoration of $ppeal dismissed for defa lt (O-C:I, R-1-))

OR31R A=I APP1A=S 4RO; ORI?INA= 316R11S
Re-admission o$ appeal dismissed $or de$ault

,here an appeal is dismissed under rule 11, su&-rule (2) or rule 17 1.SSS', the appellant may apply to the Appellate Court or the re-admission o the appealF and, #here it is pro"ed that he #as pre"ented &y any su icient cause rom appearing #hen the appeal #as called on or hearing or rom depositing the sum so reGuired, the Court shall re-admit the appeal on such terms as to costs or other#ise as it thin%s it. 1. ,ords +or rule 17+ omitted &y Act 5o. 02 o 1888, section /1 (#.e. . 1-7-2992). ---------------
5.1or appeal decided ./ )arte (O-C:I, R-21)

Rule: "1. Re-%earing on application o$ respondent against .%om e2 parte
decree made
,here an appeal is heard e! parte and $udgment is pronounced against the respondent, he may apply to the Appellant Court to re-hear the appealF and, i he satis ies the Court that the notice #as not duly ser"ed or that he #as pre"ented &y su icient cause rom appearing #hen the appeal #as called on or hearing, the Court shall re-hear the appeal on such terms as to costs or other#ise as it thin%s it to impose upon him. --------------
1/9 .$dd ce additional e"idence in $ppellant co rt (O-C:I, R-2&)

Rule: ",. Production o$ additional e)idence in Appellate 6ourt (1) ;he parties to an appeal shall not &e entitled to produce additional e"idence, #hether oral or documentary, in the Appellate Court, Aut i L (a) the Court rom #hose decree the appeal is pre erred has re used to admit e"idence #hich ought to ha"e &een admitted, or 1.(aa) the party see%ing to produce additional e"idence, esta&lishes that not#ithstanding the e!ercise o due diligence, such e"idence #as not #ithin his %no#ledge or could not, a ter the e!ercise o due diligence, &e produced &y him at the time #hen the decree appealed against #as passed, or' (&) the Appellate Court reGuires any document to &e produced or any #itness to &e e!amined to ena&le it to pronounce $udgment, or or any other su&stantial cause, the Appellate Court may allo# such e"idence or document to &e produced, or #itness to &e e!amined. (2) ,here"er additional e"idence is allo#ed to &e produced &y an Appellate Court, the Court shall record the reason or its admission. 1. Ins. &y Act 5o. 190 o 1872 (#.e. 1-2-1877). -------------------
1/1
!.Transfer of s its one co rt to another co rt (Section-2%)

Ci"il Procedure Code 1897 , Section 20 Rule: 20. Heneral po#er o trans er and #ithdra#al. (1) Cn the application o any o the parties and a ter notice to the parties and a ter hearing such o them as desired to &e heard, or o its o#n motion #ithout such notice, the Eigh Court or the District Court may at any stage(a) trans er any suit, appeal or other proceeding pending &e ore it or trial or disposal to any Court su&ordinate to it and competent to try or dispose o the same, or (&) #ithdra# any suit, appeal or other proceeding pending in any Court su&ordinate to it, and(i) try or dispose o the sameF or (ii) trans er the same or trial or disposal to any Court su&ordinate to it and competent to try or dispose o the sameF or (iii) retrans er the same or trial or disposal to the Court rom #hich it #as #ithdra#n. (2) ,here any suit or proceeding has &een trans erred or #ithdra#n under su&-section (1), the Court #hich 1.is therea ter to try or dispose o such suit or proceeding' may, su&$ect to any special directions in the case o any order o trans er, either retry it or proceed rom the point at #hich it #as trans erred or #ithdra#n. 2.(/) 6or the purposes o this section,(a) Courts o Additional and Assistant Iudges shall &e deemed to &e su&ordinate to the District CourtF (&) +proceeding+ includes a proceeding or the e!ecution o a decree or order.' (0) the Court trying any suit trans erred or #ithdra#n under this section rom a Court o Small Causes shall, or the purposes o such suit, &e deemed to &e a Court o Small Causes. /.(1) A suit or proceeding may &e trans erred under this section rom a Court #hich has no $urisdiction to try it.' ----------------
1/2
".Section-,0 4.).4. dispense application (Section ,0(2))

Section- 79. 5otice o C.P.C.
Rule: 1.(1)' 2.Sa"e as other#ise pro"ided in su&-section (2), no suits /.shall &e
instituted' against the Ho"ernment (including the Ho"ernment o the State o Iammu O >ashmir)' or against a pu&lic o icer in respect o any act purporting to &e done &y such o icer in his o icial capacity, until the e!piration o t#o months ne!t a ter notice in #riting has &een 0.deli"ered to, or le t at the o ice o '(a) in the case o a suit against the Central Ho"ernment, 1.e!cept #here it relates to a rail#ay', a Secretary to that Ho"ernmentF 2.7.(&)' in the case o a suit against the Central Ho"ernment #here it relates to rail#ay, the Heneral 3anager o that rail#ay'F 7.(&&) in the case o a suit against the Ho"ernment o the State o Iammu and >ashmir the Chie Secretary to that Ho"ernment or any other o icer authorised &y that Ho"ernment in this &ehal F' (c) in the case o a suit against 8.any other State Ho"ernment', a Secretary to that Ho"ernment or the Collector o the districtF 19.SSS' and, in the case o a pu&lic o icer, deli"ered to him or le t at this o ice, stating the cause o action, the name, description and place o residence o the plainti and the relie #hich he claimsF and the plaint shall contain a statement that such notice has &een so deli"ered or le t. 12.(2) A suit to o&tain an urgent or immediate relie against the Ho"ernment (including the Ho"ernment o the State o Iammu O >ashmir) or any pu&lic o icer in respect o any act purporting to &e done &y such pu&lic o icer in his o icial capacity, may &e instituted, #ith the lea"e o the Court, #ithout ser"ing any notice as reGuired &y su&section (1)F &ut the Court shall not grant relie in the suit, #hether interim or other#ise, e!cept a ter gi"ing to the Ho"ernment or pu&lic o icer, as the case may &e, a reasona&le opportunity o sho#ing cause in respect o the relie prayed or in the suitPro"ided that the Court shall, i it is satis ied, a ter hearing the parties, that no urgent or immediate relie need &e granted in the suit, return the plaint or presentation to it a ter complying #ith the reGuirements o su&-section (1). (/) 5o suit instituted against the Ho"ernment or against a pu&lic o icer in respect o any act purporting to &e done &y such pu&lic o icer in his o icial capacity shall &e dismissed merely &y reason o any error or de ect in the notice re erred to in su&section (1), i in such notice(a) the name, description and the residence o the plainti had &een so gi"en as to ena&le the appropriate authority or the pu&lic o icer to identi y the person ser"ing the notice and such notice had &een deli"ered or le t at the o ice o the appropriate authority speci ied in su&-section (1), and (&) the cause o action and the relie claimed &y the plainti had &een su&stantially indicated.'
1//

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Application iled on &ehal o the ApplicantB@@@@. <nder section-79(2) o C.P.Cor the reasons stated in the accompanying a ida"it it is there ore prayed that the Eon4&le court may &e pleased to dispense #ith Section-79 o the Code o Ci"il Procedure notice to the de endant 5o. 2Bopponent in the a&o"e suit and to pass necessary orders, in the interest o $ustice.
1/0


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for recovery of money based on promissory note which was e:ecuted by one 6anjunath who died on: --!$?!-$$? therefore I filed the above case against defendant 5o. " who is the wife of deceased and the defendant 5o. - is the pay drawing officer of the deceased 6anjunath, further deceased working in Thaluk office, Iellary as a attainder. 3. {Note: reasons has to be mentioned here.} A. the defendant 5o. " is trying to get death emoluments of the deceased manjunath from the defendant 5o.-. hence I advised to my counsel to file this application for dispense of section +$ of C./.C. as if the defendant 5o." succeeded to get death benefit, I will be put to great hardship loss and injury. &. therefore if the 3on4ble court dispensed with the section +$ C./.C. notice against the defendant 5o.-, further I can able to move an application for injunction against the defendant 5o. - for not disburses the death benefit to the defendant 5o." till the disposal of this case. 2. ;here ore I pray that the Eon4&le court may &e pleased to order to dispense #ith section 79 notice under Code o ci"il procedure to the de endant 5o. 2 and to pass the necessary order in the a&o"e case, in the interest o $ustice.
-----------
Deponent efore me!
1/1
9../tension of time application (Section -1%,)

6ivil Procedure 6ode $9% + )ection $4 $4 . 5nlar/e-ent o( ti-e.
7here any period is fi:ed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period "@not e:ceeding thirty days in totalB, even though the period originally fi:ed or granted may have e:pired. Civil /rocedure Code "?$+, 7ritten statement. #1;# HIII
The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his define. /rovided 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.B
1/2

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Application $iled on (e%al$ o$ t%e 3e$endant No. 1* to 185Applicants Cnder Section-1+8 and R5.. 1*1 o$ 6ode o$ 6i)il Procedure: 6or the reasons mentioned in the accompanying 3emorandum o is prayed that the Eon4&le Court &e pleased to e!tant the time or #ritten statement o the De endant 5o. 11, 12, 17 and 17 or a period o #hich #ould meet the ends o $ustice. DatePlaceAd)ocate $or Applicant5s5de$endant5s
6acts, it iling o 21 days,
1/7

;emorandum o$ $acts $iled on (e%al$ o$ t%e Applicants53e$endant No. 1* to 18:
It is respect ully su&mits as ollo#s1. ;he a&o"e suit has &een iled &y the plainti against the de endants see%ing the relie o partition o"er the suit schedule properties. {Note: reasons has to be mentioned here as per your case facts and circumstances.} 2. ;he de endant 5o. 12 is loo%ing the a&o"e case and he is not doing #ell as he is su ering rom e"er since 1 days and same is intimated to his counsel through phone. ;he de endants 5o. 11 to 17 counsel prepared #ritten statement una&le to ile &e ore this court as the signature and "eri ication o the de endants is reGuired. /. Eence, it is prayed that the Eon4&le Court &e pleased to e!tant the time or iling o #ritten statement o the De endant or a period o 21 days, #hich #ould meet the ends o $ustice.
DatePlaceAd"ocate or the ApplicantsBDe endant 5o. 11 to 17.

---------------
1/7
!0.Re Open application (Section -1#1) IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..
I.A. NoAA..
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Application iled on &ehal o the ApplicantB@@@@@ <nder Section-111 o the Code o Ci"il Procedure-
6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le Court may &e pleased to reopen the suit or e"idence on &ehal o the applicantB@@@. and to pass such other orders that this Eon4&le court deems it and proper in circumstances o the application, in the interest o Iustice.
1/8


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 8. The averments made in the plaint07ritten statement may be read as part of this affidavit to avoid the repetition. 4. {Note: reasons has to be mentioned here.}
&. The above case is posted on today for arguments of the plaintiff. )ast date of hearing the suit was posted for evidence of the defendants and I was is unable to attend on that day so the 3on4ble court my evidence taken as closed and posted for arguments on today. Therefore I advised to my counsel to file this application for reopen the case for defendant evidence.
2. I the Eon4&le Court does not reopen the case o the de endant in the a&o"e case, I #ould &e de initely put to great hardship, loss and in$ury, #hereas i my application is allo#ed other side #ill not &e put to such hardship or pre$udice. 7. Eence, it is prayed that the Eon4&le Court may &e pleased to reopen the suit or e"idence on &ehal o the applicantB@@@ and to pass such other orders that this Eon4&le court deems it and proper in circumstances o the application, in the interest o Iustice.
Deponent efore me!
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109 !1.)ermission for filing (ritten statement (Section -1#1)

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Application $iled on (e%al$ o$ t%e Applicant53e$endant No. 1 under Section-1*1 o$ 6i)il Procedure 6ode:
6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le court may &e pleased to permit to the applicant ile his #ritten statement in the a&o"e case &y condoning the delay i any, #hich #ould meet the ends o $ustice. DatePlaceAd)ocate $or Applicant5s5de$endant5s
101


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and defendant in the above suit as such we are fully conversant with the facts of the suit. -. the plaintiff have filed this suit for partition and separate possession of the suit schedule properties against me and other defendant . {Note: reasons has to be mentioned here as per your case facts and circumstances.} /. I ha"e to ile my #ritten statement on- 18-90-2997 &ut ha"e una&le to ile my #ritten statement, as a matter o act my #i e #as not eeling #ell and I could not approached my counsel or gi"ing instructions to prepare #ritten statement. ;he day on #hich the case #as called out and my #ritten statement ta%en as not iled. 0. I urther rele"ant to su&mit that I had a good de ense and I ha"e su&stantial e"idence to de end my case. 1. I the Eon4&le court do not permit me to ile #ritten statement I #ould to ail to pro"e my case. ;he non iling o my statement is not an intentional one &ut ha"ing &ona ied reasons and condona&le one. I the Eon4&le court allo#ed this application no hardship, loss and in$ury #ill caused to other side. 2. ;here ore I prayed that the Eon4&le court may &e pleased to permit to the applicant ile my #ritten statement in the a&o"e case &y condoning the delay i any, #hich #ould meet the ends o $ustice.
---------------
102
!2.)ermission to depositing the $rrears of RentsD4laim amo nt (Section-1#1)
--------------
&+.)ermission for deposit the amo nt in the co rt (Section-1#1) ----------&%.$pplication for Restoration of dismissed s it on same da* (Section-1#1) --------------
,*.Permission $or police %elp to en$orce t%e court orders (Section-1*1)

------------------&6. StriEe off plaint or (ritten statement for non compliance (Section-1#1)
----------------
10/
!!.Set aside orders datedF. 7 permit to file co nterDrepl* etc (Section-1#1)

@@@@@@@ -AN3@@@@@@.. --RespondentBs --PetitionerBs
I.A. NoBB..
Het.een:
@@@@@@@@@@. -AN3----Applicant5s Opponent5s
@@@@@@@@@
Application $iled on (e%al$ o$ t%e Applicant5BBBBBBBB. under Section-1*1 o$ t%e code o$ ci)il procedure:
6or the reasons mentioned in the accompanying memorandum o acts it is prayed that the Eon4&le court may &e pleased to set aside the orders dated- @@@@@@@@.. and permit the Applicant to ile countersBreply to I.A. 5o. @@@@@@.., in the interest o $ustice and eGuity.
DatePlaceAd)ocate $or Applicant5s5BBBB
100

::;emorandum o$ $acts $iled on (e%al$ o$ t%e BBBB..::

;he applicant is respect ully su&mitted as ollo#s-
1. ;he a&o"e suit is posted on today or hearing on I.A. 5os. 2 and /. !"ote: rea#on# ha# to be $entioned here.% 2. Cn the last date o hearing that is on- 17-97-2919 the applicantB@@@. una&le to ile counters to I.A. 5os. 2 and / as the applicant is loo%ing a ter the case and #as sic% and could not approach the counsel or gi"ing instructions to the prepare the counters, there ore the Eon4&le court ta%en as no counters to I.A. 5os. 2 and / and posted or hearing o said I.A4s 5os 2 and /. /. I the Eon4&le court does not permit to ile the counters to I.A. 5os. 2 and / the applicantB @@@.. #ill &e put to great hardship, loss and in$ury &ut on the other hand no loss or hardship #ill &e caused to the other side i they are recei"ed . 0. ;here ore it is prayed that the Eon4&le court may &e pleased to set aside the orders dated- 17-97-2919 and permit the applicant to ile counters to I.A. 5o. 2 and /, in the interest o $ustice and eGuity. DatePlaceAd)ocate $or Applicant5s5BBBBBB. --------------------
101
!".Grgent application (Section -1#1) IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..
I.A. NoAA..
Bet'een:
@@@@@@@@@
<rgent Application iled on &ehal o the applicantsBPlainti s <nder Section-111 o Code o Ci"il Procedure6or the reasons mentioned in the accompanying memorandum o acts, it is prayed that the Eon4&le Court may &e pleased to order to chec% and put up and num&er the a&o"e suit out o turn, in the interest o Iustice.
DatePlaceAd"ocate or the ApplicantBsBplainti Bs
102

3emorandum o acts iled on &ehal o the plainti It is respect ully su&mits as ollo#s{Note: reasons has to be mentioned here as per your case facts and circumstances.} 1. ;he Plainti s ha"e iled the a&o"e suit against the de endants or cancellation o the register sale deeds and declaration as the plainti s are the a&solute o#ner o the A schedule property. ;he Plainti s ha"e also iled interim applications <nder Crder-/8, Rule-1 and 2 o Code o Ci"il Procedure. 2. Eence, it is prays that the Eon4&le Court may &e pleased to order to chec% and put up and num&er the a&o"e suit out o turn, in the interest o Iustice. DatePlace-------------
Ad"ocate or the plainti s
107
!9.$d"ancement application (Section -1#1) IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..
I.A. NoAA..
Bet'een:
@@@@@@@@@
Ad)ancement application $iled on (e%al$ o$ t%e Applicant5Plainti$$ Cnder Section-1*1 o$ 6.P.6:

6or the reasons mentioned in the accompanying memorandum o acts it is prayed that the Eon4&le court may &e pleased to ad"ance the a&o"e case rom @@@@@..22-9/-2919 to this day, in the interest o $ustice and eGuity.
107

::;emorandum o$ $acts $iled on (e%al$ o$ t%e plainti$$::

;he plainti is respect ully su&mitted as ollo#s1. ;he plainti has iled a&o"e suit against the de endant see%ing the
relie o @@@@@@@@@. and same is posted to 22-92-2919 or return o suit summons rom the de endant.
&. !"ote: rea#on# ha# to be $entioned here.%
/. Eence, it is prayed that the Eon4&le court may &e please to ad"ance the a&o"e case rom 22-92-2919 to this day, in the interest o $ustice and eGuity.
DatePlaceAd)ocate $or Applicant5s5Plainti$$5s5de$endant5s -----------
108 "0.4he9 e application (Section -1#1)

....... >AN,> ........ !!! G.1.#0s !!! 1.3.#0s
I.A. NoAA..
Bet'een:
@@@@@@@@@
Application $iled on (e%al$ o$ t%e Applicant53ecree 7older under section-1*1 o$ 6ode o$ 6i)il Procedure:
6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le court may &e pleased to order to issue cheGue or a sum o Rs. 1' !!!5- in a"our o the ApplicantBD.E.R. #hich is deducted rom I.D.R4s salary, same is in this Eon4&le court in JAK register Sl. 5o. 1//, 127, 180, 279, /29, /78, 027, 078, 182, 221, 778, 7, 111, dated- 1/B92B97, 98B97B97, 27B97B97, 97B98B97, 92B19B97, 21B19B97, 19B12B97, 11B12B97, /9B91B98, 12B92B98, 20B9/B98, 90B90B98, /9B91B98 respecti"ely, in the interest o $ustice.
DatePlaceAd)ocate $or Applicant5s5plainti$$537R5s
119


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: 1. I am the applicantBD.E.R. herein and I %no# the acts and circumstance o the a&o"e case. 2. I iled the a&o"e case or compensation o the atal accident as stated in the main petitionF there ore main petition may &e read as part and parcel o this a ida"it to a"oid the repetition. {Note: reasons has to be mentioned here as per your case facts and circumstances.} /. I iled a&o"e e!ecution petition or attachment o salary o the I.D.R 6urther I iled salary certi icate #ith petition or attachment o the salary to the a&o"e I.D.R. 0. ;his Eon4&le court ordered or attachment o salary o the I.D.R. or a e!tant o Rs. 1,999B- P.3. as per the order o the Eon4&le court the pay dra#ing o icer deducted the salary o the I.D.R. and same is send through cheGue to this Eon4&le court.
1. ;here ore, I prayed that the Eon4&le court may &e pleased to order to
issue cheGue or a sum o Rs. 1/,999B- in a"our o the ApplicantBD.E.R. #hich is deducted rom I.D.R4s salary, same is in this Eon4&le court in JAK register Sl. 5o. 1//, 127, 180, 279, /29, /78, 027, 078, 182, 221, 778, 7, 111, dated- 1/B92B97, 98B97B97, 27B97B97, 97B98B97, 92B19B97, 21B19B97, 19B12B97, 11B12B97, /9B91B98, 12B92B98, 20B9/B98, 90B90B98, /9B91B98 respecti"ely, in the interest o $ustice. Identified by me Advocate
-------------
Deponent
efore me!
111
,1.)ermission to (ith dra( the fi/ed deposited amo nt (Section -1#1)

I.A. NoAA..
Bet'een:
@@@@@@@@@
Ad)ancement application $iled on (e%al$ o$ t%e Applicant5Plainti$$ Cnder Section-1*1 o$ 6.P.6:

6or the reasons stated in the accompanying a ida"it it is prayed that the Eon4&le court may &e pleased to grant permission to #ithdra# the entire amount deposited in ;.H.Aan%, 3illerpet Aranch, Aellary under >.D.R. 5o. 18B2991 dated- 18-98-2992 or a sum o Rs. 1,9,999B- #ith up-to-date interest in the interest o $ustice.
112


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 3. {Note: reasons has to be mentioned here.} 0. As per the $udgment the respondent 5o. / deposited the a#ard amount in the Eon4&le court. 6urther this Eon4&le court ordered or i!ed deposit o a sum o Rs. 1,99,999B- or a period o / years in my name and same is deposited on- 18-98-2992 and same has &een maturated on- 18-98-2998. 1. ;here ore I intended to purchase Car, hence i the Eon4&le court orders or #ithdra#n o the i!ed deposit then I can a&le to pay the do#n payment. Eence considering a&o"e all act and circumstances %indly allo# my application, in case my application is not allo#ed &y this Eon4&le court I #ill &e put great hardship, loss and in$ury. 2. ;here ore I pray that the Eon4&le court may &e pleased to grant permission to #ithdra# the entire amount deposited in ;.H.Aan%, 3illerpet Aranch, Aellary under >.D.R. 5o. 18B2991 or a sum o Rs. 1,99,999B- #ith up-todate interest in the interest o $ustice.
------------
Deponent efore me!
11/
,2.$pplication for corrections in 4o rt order (Section -1#1, 1#2 and 1#+)
)ection> $H$. )avin/ o( inherent po'ers o( 6ourt.

Nothin/ in this 6ode shall be dee-ed to li-it or other'ise a((ect the inherent po'er o( the 6ourt to -a.e such orders as -ay be necessary (or the ends o( justice or to prevent abuse o( the process o( the 6ourt.
)ection> $H#. A-end-ent o( jud/-ents+ decrees or orders.

Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
)ection> $H". Deneral po'er to a-end.

The Court may at any time and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit, and all necessary amendments shall be made of the purpose of determining the real question or issue raised by or depending on such proceeding.B
110

I.A. NoAA..
Bet'een:
@@@@@@@@@
Application 6iled on Aehal o the ApplicantBsBPlainti BsBde endantBs under Section-111,112,11/ RB, Section-111 o Ci"il Procedure Code.
6or the reasons stated in the accompanying a ida"it it is prayed that the Eon4&le court may &e pleased to, Amend, Recti y the orders passed, more particularly at Iudgment at order portion instead o 1,07,999B- it has to &e amend or recti y as only Rs. 07,999B-, #hich #ould meet the ends o $ustice and eGuity.
DatePlace-
Ad)ocate $or Applicant5s5Plainti$$5s
111


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. the plaintiff has filed above case against me for seeking the relief of recovery of money based on alleged promissory note. The 3on4ble court passed judgment and decree against me on EE!EE!EEEE 3. {Note: reasons for amend or rectify has to be mentioned here.} by mistake at order portion . 0. ;here ore I prayed that the Eon4&le court may &e pleased to, Amend, Recti y the orders passed, more particularly at Iudgment at order portion instead o 1,07,999B- it has to &e amend or recti y as only Rs. 07,999B-, #hich #ould meet the ends o $ustice and eGuity.
Identified by me
Advocate
Deponent efore me!

-----------
112
7/.6lu((ing o$ suits (section-1*1) -----------,%. ./tension of Temporar* In3 nction (Section-1#1)

I.A. NoAA..
Bet'een:
@@@@@@@@@
&pplication 'iled on (ehalf of the &pplicant)s). *nder Section 010 of the 2ode of 2ivil %rocedure.
6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le Court may &e pleased to e!tend the ;emporary In$unction order dated- 99B99B2919 till the disposal o the a&o"e suit, #ould meet ends o the $ustice and eGuity.
117


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 8. The averments made in the plaint may be read as part of this affidavit to avoid the repetition. 0. I am also iled Interim application see%ing the relie o temporary in$unction@@@@@@@@@@@ and the Eon4&le court grantedB passed orders on- 99B99B2919 till today . {Note: reasons has to be mentioned here as per your case facts and circumstances.} 1. ;here ore I prayed that the Eon4&le Court may &e pleased to e!tend the ;emporary In$unction order dated- 99B99B2919 till the disposal o the a&o"e suit, #ould meet ends o the $ustice and eGuity.
Identified by me
Advocate
Deponent efore me!

------------------
117 "5.4ondone dela* for !ring :R;s on record (Sec-# of :imitation $ct)
&he 8i-itation Act+ $9!" )ection> H. 52tension o( prescribed period in certain cases > *ny appeal or any application, other than an application under any of
the provisions of rder EEI of the Code of Civil /rocedure, "?$+ %& of "?$+' may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. ;:planation ! The fact that the appellant or the applicant was misled by any order, practice or judgment of the 3igh Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
118

I.A. NoAA..
Bet'een:
@@@@@@@@@
&pplication filed on behalf of the &pplicant)s) *nder Section 1 of the 3imitation &ct
6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le Court may &e pleased to condone the delay i any in iling the application to &ring the legal representati"es o deceased de endant 5o.1 on record in #hich #ould meet ends o the $ustice and eGuity.
DatePlaceAd)ocate $or Applicant5s5
129


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the applicant05o.. herein and plaintiff0defendant in the above suit as such we are fully conversant with the facts of the suit. -. I have filed this suit for partition and separate possession of the suit schedule properties. 8. The averments made in the plaint may be read as part of this affidavit to avoid the repetition. {Note: reasons has to be mentioned here as per your case facts and circumstances.} 0. I ha"e already iled an application to &rought the legal representati"es o deceased namely @@@@@@@@.. on record. As deceased died lea"ing &ehind his #i e and 0 minor children as his sole legal representati"es, they #ere also &rought on record as plainti s. Eence, it is necessary to appoint plainti no.1(d) as ne!t guardian to represent the minors as she is the natural mother to them. 1. Eence I pray that the Eon4&le court may &e pleased to condone the delay i any in iling the application to &ring the legal representati"es o deceased de endant 5o.1 on record in #hich #ould meet ends o the $ustice and eGuity.
-------------
121 " .Official @aHette notification in =e(s paper (I.4. 4ase) (Section- &%(1) of the )ro"incial Insol"enc* $ct-1-20)
PRO@IN6IA= INSO=@1N6J A6# 10"!

=C:. =-A 71 ;E* PRC=I5CIA: I5SC:=*5CN AC;, 1829 AC; 5o. 1 C6 1829 S<33ARN AD3I5IS;RA;IC5 PAR; = S<33ARN AD3I5IS;RA;IC5 Section- 70. Summary administration.-,hen a petition is presented &y or against a de&tor, i the Court is satis ied &y a ida"it or other#ise that the property o the de&tor is not li%ely to e!ceed in "alue i"e hundred rupees 1S, the Court may ma%e an order that the de&tor's estate &e administered in a summary manner, and thereupon the pro"isions o this Act shall &e su&$ect to the ollo#ing modi ications, namely--- (i) unless the Court other#ise directs, no notice reGuired under this Act shall &e pu&lished in the C icial HaQetteF (ii) on the admission o a petition &y a de&tor, the property o the de&tor shall "est in the Court as a recei"erF (iii) at the hearing o the petition, the Court shall inGuire into the de&ts and assets o the de&tor and determine the same &y order in #riting, and it shall not &e necessary to rame a schedule under the pro"isions o section //F (i") the property o the de&tor shall &e realised #ith all reasona&le despatch and therea ter, #hen practica&le, distri&uted in a single di"idendF (") the de&tor shall apply or his discharge #ithin si! months rom the date o ad$udicationF and ("i) such other modi ications as may &e prescri&ed #ith the "ie# o sa"ing e!pense and simpli ying procedure- Pro"ided that the Court may at any time direct that the ordinary procedure pro"ided or in this Act shall &e ollo#ed in regard to the de&tor's estate, and therea ter the Act shall ha"e e ect accordingly. --------------------------------------------------------------------- 1. In Pun$a& read +t#o thousand rupees+, see the Pun$a& Relie o Inde&tedness Act, 18/0 (Pun. 7 o 18/0), s. 0. 191 PAR; =I APP*A:S PAR; =I APP*A:S
122

I.6. No. AAA.BAAAA. Bet'een:
....... >AN,> ........ !!! #espondent0s !!! /etitioner0s
I.A. NoAA..
Bet'een:
@@@@@@@@@
Application iled on &ehal o the ApplicantB@@@@. under Section- ,+(1) o$ t%e Pro)incial Insol)enc/ Act-10"! R5.. Section-1*1 o$ 6.P.6: 6or the reasons mentioned in the accompanying a ida"it it is prayed that the Eon4&le Court may &e pleased to e!empt the petitioner rom pu&lishing noti ication to respondents in an o icial HaQette and in the alternati"e the petitioner may &e permitted to ta%e noti ication to the respondents in local daily >annda 5e#s Paper i.e., *e 5amma >annada 5adu, in the interest o $ustice.
12/

I.6. No. AAA.BAAAA. Bet'een:

I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: 1. I am the applicantB5o.. herein and petitioner 5o@ in the a&o"e case and as such #e are ully con"ersant #ith the acts o the case. 2. I ield this petition <nder Section-19, 11, 12, and 1/ o the Pro"incial Insol"ency Act-1829. Petition may &e read part and parcel o this a ida"it. /. Due to the hea"y loss sustained in agricultural lease &usiness I and my amily comes to the streets. I do not o#n any immo"ea&le properties either in my name or in the name o my amily mem&ers e!cept #hich are sho#ed in the JA4 schedule o the main petition. ;here ore I am una&le to pay the C icial HaQette noti ication charges. 0. I the Eon4&le court do not allo# this application I #ill &e put to great hardship, loss and in$ury &ut same #ill not caused to the respondents. 1. Eence it is prayed that the Eon4&le Court may &e pleased to e!empt me rom pu&lishing noti ication to respondents in an o icial HaQette and in the alternati"e I may &e permitted to ta%e noti ication to the respondents in local daily >annada 5e#s Paper i.e., *e 5amma >annada 5adu, in the interest o $ustice.
Deponent efore me! -----------------
120
"!.8aEing o"er s its to principal co rt (section - of ci"il co rts act)

#71 0LFARNA#AFAM0 6I@I= 6OCR#S A6# 10&+.
9. Distribution of work when more than one Judge is appointed to a Court.1203 #hen more than one 045ivi( 6$dge 2Senior Division370 is appointed to the 045o$rt of a 5ivi( 6$dge 2Senior Division37 0" or more than one 045ivi( 6$dge 26$nior Division370 is appointed to a 045o$rt of a 5ivi( 6$dge 26$nior Division370" one of the 045ivi( 6$dges 2Senior Division370 or one of the 045ivi( 6$dge 26$nior Division37 0" sha(( be appointed as the /rincipa( 045ivi( 6$dges 2Senior Division37 0 or the /rincipa( 045ivi( 6$dge 26$nior Division37 0 and the others Additiona( 045ivi( 6$dges 2Senior Division37 0 or Additiona( 045ivi( 6$dges 26$nior Division370" as the case may be!
0! S$bstit$ted by Act 08 of 0998 w!e!f! :0!9!0998!
2:3 ;ach of the 6$dges appointed to the 045o$rt of a 5ivi( 6$dge 2Senior Division370 or a 045o$rt of a 5ivi( 6$dge 26$nior Division37 0 may e<ercise a(( or any of the powers conferred on s$ch 5o$rt by this Act or any other (aw for the time being in force!
0! S$bstit$ted by Act 08 of 0998 w!e!f! :0!9!0998!
2=3 S$b-ect to the genera( or specia( orders of the District 6$dge" the /rincipa( 045ivi( 6$dge 2Senior Division370 or the /rincipa( 045ivi( 6$dge 26$nior Division370 may" from time to time" ma&e s$ch arrangements as he thin&s fit" for the distrib$tion of the b$siness of the 5o$rt among the vario$s 045ivi( 6$dges 2Senior Division370 or 045ivi( 6$dges 26$nior Division370 thereof!
-----------????????????????????????
121
?$@ IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

,ritten Statement iled on &ehal o the De endant 5o. 2;he de endant 5o. 2 respect ully su&mitted as ollo#s1. ;he de endant 5o. 2 here#ith adopted all the a"erments and
contentions made in the #ritten statement o the de endant 5o. 1 are to &e adopted as #ritten statement o the de endant 5o. 2 in toto.
2. Eence this memo.
DatePlaceAd)ocate $or 3e$endant No. ".
122
?#@ IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

C&$ection to I.A. 5o. 2 iled on &ehal o the De endant;he de endant respect ully su&mitted as ollo#s1. All the a"erments and contentions made in the #ritten statement o
the de endant are to &e adopted and read part and parcel o counter to I.A. 5o. 2 in toto to a"oid repetition.
2. Eence this memo.
DatePlaceAd)ocate $or 3e$endant
127
I5 ;E* CC<R; C6 ;E* A; A*::ARN 3.=.C. 5o. Aet#een---A5D--Respondents Petitioner o 299
6ee and costs memo iled on &ehal o the Petitioner

;his is to certi ied that I ha"e recei"ed rom my client@@@@@@@@@@@@@@ in the a&o"e case a ee not less than one prescri&ed &y the Eigh court "iQ Rs@@@@@@@@ Ad"ocate or the @@.
--Costs 3emo-1. =a%alath 2. court ee on plaintB3ain Petition /. ;yping charges 0. Petitions 1. Process 2. Paper pu&lication 7. Ad"ocate ee PlaceDate91-99 19-99 19-99 19-99 19-99 199-99
Ad"ocate or the
127
I5 ;E* CC<R; C6 ;E* A; A*::ARN R.A. 5o. Aet#een---A5D--Respondent Appellant o 299
6ee and costs memo iled on &ehal o the Petitioner

;his is to certi ied that I ha"e recei"ed rom my client@@@@@@@@@@@@@@ in the a&o"e case a ee not less than one prescri&ed &y the Eigh court "iQ Rs@@@@@@@@
Ad"ocate or the @@@..
--Costs 3emo-1. =a%alath 2. 3ain Petition /. ;yping charges 0. Petitions 1. Process 2. Paper pu&lication 7. Ad"ocate ee PlaceDate91-99 19-99 19-99 19-99 19-99 199-99
Ad"ocate or the
128

;emo $iled on (e%al$ o$ t%e BBBBBB..: It is respect ully su&mitted as ollo#s1. ;he De endant in the a&o"e suit died on 22-92-2919. 2. Eence this memo.
DatePlaceAd)ocate $or
179

;emo $iled on (e%al$ o$ t%e Plainti$$5Petitioner: It is respect ully su&mitted as ollo#s1. ;he plainti has no o&$ections to allo# the I.A. 5o@@. iled &y the de endant see%ing implead the proposed parties as de endant 5o. 2 to 1. 2. Eence this memo.
DatePlaceAd)ocate $or
171

*.A. BM.6.BM.A. No. AAA.BAAAA. Bet'een:
....... >AN,> ........ !!! !!!
;emo o$ appearance $iled on (e%al$ o$ t%e Respondent5 NoBB.: It is %um(l/ su(mitted t%at:
1. ,e, P.E. 3an$unath, >.S. Shi"aleela, Ad"ocates, Aellary Aar Association, Aellary, do here&y declare that #e ha"e &een duly engaged and instructed to appear, act and plead on &ehal o the RespondentB 5o.@@@@@@.. in the a&o"e case, as #e #ere also appeared in the lo#er court on &ehal o RespondentB5o@... 2. Eence this memo o appearance.
DatePlaceAd)ocate $or Respondent5s
172

Not press ;emo $iled on (e%al$ o$ t%e Plainti$$5Petitioner5Appellant: It is %um(l/ su(mitted t%at:
1. ;he a&o"e case has &een iled &y the a&o"e plainti Bs see%ing the relie o @@@@@., ". Note: Reason5s %as to (e mention $or not press memo. /. Eence, it is prayed that the Eon4&le court may &e pleased to dismiss the a&o"e as not pressed #ithout orders as to cost in the interest o $ustice and eGuity.
DatePlaceAd)ocate $or Plainti BPetitionerBAppellant
17/
?$@ IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

;emo $iled on (e%al$ o$ t%e Plainti$$5Petitioner5Appellant: It is %um(l/ su(mitted t%at:

1. ;he a&o"e case has &een iled &y the a&o"e plainti Bs see%ing the relie o @@@@@., 2. ;he parties o the a&o"e case intended to settle the matter &e ore the :o% Adalath.
/. Eence, it is Prays the Eon'&le Court to re er the case to :o%
Adalath to &e held on
FFFFF..
or disposal as &oth the parties ha"e
consented or settlement, in the interest o $ustice and eGuity.

DatePlaceAd)ocate $or Plainti BPetitionerBAppellant
170
(")
(;emo to (e $iled (e$ore t%e 6ourt C5Section "!(l)(i)(a) o$ t%e =egal Ser)ices Aut%orit/ Act 108,)
I= T5. 4OGRT O1................................................................................ OSD8B4D8isc.D84D44DRe"isionD$ppeal =o..............D"! Plainti B PetitionerB ClaimantBAppellants-$ndDe endants B Respondents -
8.8O
Prays the Eon'&le Court to re er the case to :o% Adalath to &e held on
..............................................................................................................................................FFFFF.. for
disposal as &oth the parties ha"e consented or settlement.
$d"ocate for petitioner
$d"ocate for defendantsDRespondents
3ate: Place:
171
?$@


I, ........., 70o (ri. ......., *ged about ..years, 3indu, working as ......, #0o ......... , do hereby solemnly affirm and state on oath as follows: ". I am the plaintiff in the above suit as such I am fully conversant with the facts of the case. -. I have filed the above suit for partition and separate possession over the suit LIM schedule property.
8. 2urther I have also filed application against the defendants seeking the relief of temporary injunction against the defendants as not to alienate with respect to the suit LIM property. A. The 3on4ble Court has granted *d!Interim T.I. in my favour on: "A!"$! -$$+ and directed me to comply with rder!8?, #ule!8 of C/C. &. I have sent all copies of pleadings to the defendants through registered post. The postal receipts are herewith filed for the kind perusal of the 3on4ble Court. 9. I have complied the order of the 3on4ble Court, hence, this affidavit.
------------
Deponent
efore me!
172
(")

::A((idavit o( the counsel (or the Applicant ::

I, ........., 70o (ri. ......., *ged about ..years, 3indu, *dvocate, #0o ........., do hereby solemnly affirm and state on oath as follows: ". I am the advocate and appearing on behalf of the plaintiff in the above suit as such I am fully conversant with the facts of the case. -. The plaintiff has filed the above suit for partition and separate possession over the suit LIM schedule property.
8. 2urther the plaintiff also filed application against the defendants seeking the relief of temporary injunction against the defendants as not to alienate with respect to the suit LIM property. A. The 3on4ble Court has granted *d!Interim T.I. in favour of /laintiff on: "A! "$!-$$+ and directed me to comply with rder!8?, #ule!8 of C/C. &. I being a counsel for the plaintiff have sent all copies of pleadings to the defendants through registered post. The postal receipts are herewith filed for the kind perusal of the 3on4ble Court. 9. The plaintiff has got some urgent work and he went to Iangalore yesterday. 3ence, he is unable to sworn the compliance affidavit.
,. Therefore, I have complied the order of the 3on4ble Court, hence, this affidavit.
Identified by me Advocate Deponent

efore me!
177

;emo o$ undertaking $iled on (e%al$ o$ t%e 3e$endant NoBB.: It is %um(l/ su(mitted t%at:
1. ,e, P.E. 3an$unath, >.S. Shi"aleela, Ad"ocates, Aellary Aar Association, Aellary, do here&y declare that I ha"e &een duly engaged and instructed to appear, act and plead on &ehal o the de endant 5o.@@@@@@.. in the a&o"e case. under ta%e to ile "a%alth on ne!t date o hearing. 2. Eence this memo o appearance.
DatePlaceAd)ocate $or de$endant5s Respondent5s
6urther I #ill
177
P.H. Manjunath. B.A. LL.B. Mobi e! 9""#$%&'(() Be ar*. +arnataka. Junior Di,ision! in Be ar* Prin-ipa Ci,i Judge .Junior Di,ision/ and Judi-ia Magistrate 0irst C ass .J.M.0.C./ 'stAdditiona Ci,i Judge .Junior Magistrate 0irst C ass .J.M.0.C./ Di,ision/ and Judi-ia
11 Additiona Ci,i Judge .Junior Di,ision/ and .J.M.0.C./ 111 Additiona Ci,i Judge .Junior Di,ision/ and .J.M.0.C./
2ote!
6$dicia( >agistrate +irst 5(ass 46!>!+!5!7 means which co$rt having power to ad-$dicate /entertain the crimina( cases that co$rt ca((ed as 6!>!+!5 co$rt! A(( 5ivi( cases sho$(d be fi(ed before the /rincipa( co$rt" f$rther principa( co$rt as its convenient made over cases to its additiona( co$rts! Ci,i -ases! A(( 5ivi( s$its sho$(d be fi(ed before the Sherisdar then he wi(( send before the 6$dge! ?rigina( S$it* @ot more then 's! A La&hs va($e! ?rigina( s$it 's! :A"BBB/* to A La&hs! Sma(( ca$se* 's! 0 to 's! :"999/*! Crimina -ases! #ithin = years p$nishment cases! 0:A /roceedings of 5r!/!5) /etty cases and misce((aneo$s cases! C!/! Act cases! D!D! Act cases! Date of irth and Death orders! #eights and meas$rements Act cases! /rivate comp(aints! ;tc! 32ot Mandator*! Es$a((y s$it for In-$nction wi(( be fi(ed before this co$rt! Batta means the amo$nt has to be pay for iss$ing 4serving7 s$mmons/notice to the opposite party/parties!
178
4enior Di,ision
Prin-ipa Ci,i Magistrate Judge .4enior Di,ision/ and Chief Judi-ia
1st Additiona Ci,i Judge .4enior Di,ision/ &nd Additiona Ci,i Judge .4enior Di,ision/
2ote!
5hief 6$dicia( >agistrate means which co$rt having power to ad-$dicate/entertain the crimina( cases that co$rt ca((ed as 5hief 6$dicia( >agistrate co$rt! A(( 5ivi( s$its sho$(d be fi(ed before /rincipa( co$rt on(y" f$rther principa( co$rt as its convenient wi(( made over cases to its additiona( co$rts!
Appe ant -ourt!
Any person aggrieved with the -$dgment of the (ower co$rt 4-$nior division7 s$ch person may fi(e 0st appea( before the Senior Division! Any person aggrieved with the order on Inter(oc$tory app(ication of the (ower co$rt it 4-$nior division7 s$ch person may fi(e misce((aneo$s appea( before this co$rt! @ote) not a(( on(y (imited (i&e in-$nction app(ication etc!
Ci,i -ases!
A(( 5ivi( cases sho$(d be fi(ed before the Sherisdar then he wi(( send before the 6$dge! ?rigina( S$it* above 's! A La&hs * $p to $n(imited! Sma(( ca$se*above 's! ="BBB/* $pto :F"999/*!
Crimina -ases! #hich cases de(egated by the district co$rt!

Motor 5ehi- e A--ident -ases. A(( motor accident 4>!D!5!7 cases sho$(d be fi(ed before the /rincipa( District 6$dge or /rincipa( >otor vehic(e accident Grib$na( on(y" after as its convenient it wi(( made over cases to its s$bordinate co$rts" that to not be(ow the ran& of Senior Division co$rts!
Matrimonia Cases!
Senior division co$rts having -$risdiction to tri the >atrimonia( cases! ;<cept $nder specia( marriage act!
179
Distri-t Courts in Be ar*
Prin-ipa Distri-t Judge and 4ession Judge 'st Additiona Distri-t Judge and 4ession Judge &nd Additiona Distri-t Judge and 4ession Judge 2ote! Ghis co$rt having -$risdiction to ad-$dicate the fo((owing cases! 0! >isce((aneo$s /etitions! :! 5rimina( >isce((aneo$s /etitions! 4Anticipatory app(ications" transfer app(ication etc!7 =! >isce((aneo$s cases! F! Specia( cases! A! Session cases! 8! S$its which vest $nder specifica((y $nder any act! H! Arbitration cases" I! Inso(vency cases! 9! >D5! Motor 5ehi- e A--ident -ases. A(( motor accident 4>!D!5!7 cases sho$(d be fi(ed before the /rincipa( District 6$dge or /rincipa( >otor vehic(e accident Grib$na( on(y" after as its convenient it wi(( made over cases to its s$bordinate co$rts" that to not be(ow the ran& of Senior Division co$rts! Matrimonia Cases! Ghis co$rt having -$risdiction to tri >atrimonia( cases of $nder specia( >arriage Act! Appe ant -ourt! #hich person aggrieved with the -$dgment of the (ower co$rt 4senior division7 s$ch person may fi(e 0 st appea( before the District 6$dge! @ote) that matter sho$(d be (ess then 0B (a&hs" if the matter is more then 0B (a&hs then matter sho$(d be fi(ed before the %igh co$rt on(y! #hich person aggrieved with the orders on Inter(oc$tory app(ication of the (ower co$rt 4senior division7 that person may fi(e misce((aneo$s appea( before this co$rt! @ote) not a(( on(y (imited (i&e in-$nction app(ication etc!
171
Ghis co$rt is having power to ad-$dicate the crimina( appea( matters" e<amp(e if any party/parties aggrieved by the order of the (ower co$rt26!>!+!53 s$ch person may fi(e 0 st appea( before the District 6$dge! 2ote! acc$sed side matter has been convicted then district co$rt having power to ad-$dicate the appea( matters b$t if comp(ainant want to fi(e appea( on the ac.$itta( then matter sho$(d be fi(ed before the %igh co$rt on(y! Crimina -ases! Session cases! Epto (ife imprisonment/5apita( p$nishment! Ci,i -ases! A(( 5ivi( cases sho$(d be fi(ed before the Sherisdar then he wi(( send before the 6$dge! J .6nder an* a-t de egated the power to adjudi-ate the origina matter then on * those -i,i matters wi -omes before this -ourt./
172
0ast tra-t -ourts 'st 0ast tra-t -ourt
&nd 0ast tra-t -ourt 2ote! Ghese co$rts constit$te for .$ic& disposa( of the crimina( and civi( cases) Ghese co$rts having -$risdiction as district -$dge and Sessions -$dge! Ghese co$rts wi(( wor& $nder district -$dge! District co$rt as its convenient it wi(( made over its cases to fast tract co$rts!
7e,enue 8ribuna s9 -ourts! 0! ;<ec$tive officer4;!?!7 :! Gahsi(dar! =! Assistant 5ommissioner4A57 F! District 5ommissioner 4D57 A! DDL' co$rts 8! Labor co$rts" H! #or&men compensation trib$na(s I! 5o*operative society,s trib$na(s) 9! 5ons$mer for$m/co$rts) 0B! State ;<cise co$rts!
17/
4*mbo ?!S! S!5! '!A! ;!/!
Des-ription * ?rigina( S$it! * Sma(( 5a$se! * 'eg$(ar Appea( * ;<ec$tion /etition! 4After obtaining decree and -$dgment then for the p$rpose of e<ec$tion !/! has to be fi(ed!7 * ;<ec$tion petition appea(! * +ina( Decree /roceedings! 4If any pre(iminary decree passed" (i&e S$it for partition" mortgage then +!D!/ has to be fi(ed after obtaining fina( decree ;!/! has to be fi(ed!7 * >otor Dehic(e 5ases! * >isce((aneo$s Appea( * >isce((aneo$s 5ase! * %o$se 'ent 5ase! * %o$se 'ent 5ase 'evision! * Inso(vency 5ase! * 5rimina( 5ase! 4After fi(ing of the charge sheet 5r! @o wi(( changes into 5!5!7 * 5rime! * 5rimina( >isce((aneo$s 5ase!
;!/!A +!D!/! etc"
>!D!5! >!A! >!5! %!'!5 %!'!5!' I!5! 5!5! 5r! 5r!>!5!
5r!>!/! A!5! L!A!5!

Sp(! 5! /!5! K and #!5! >at! 5! / and S!5! I!A!
* 5rimina( >isce((aneo$s /etition! * Arbitration case! * Land Ac.$isition case!

* Specia( case! * /rivate comp(aint! * K$ardian and #ards cases! * >atrimonia( case! * /robate and S$ccession case! * Inter(oc$tory app(ication 4I!A! $s$a((y fi(ed in the any s$it or proceedings for interim orders7
170
4tages in the -i,i suit! Instit$tion of the civi( s$it E/Sec) :8 of 5!/!5) /(aint E/?rder*H" '$(e*0 and : of 5!/!5)
S$mmons to the Defendant E/?rder*A" '$(e*0 and :B of 5!/!5)

If s$mmons not served to the defendant then 4/(aintiff may ta&e steps 4steps in the sense s$mmons7 Ghro$gh '!/!A!D! or by way of Affi<er or /aper p$b(ication!7
Appearance and Da&a(ath of the Defendant 4Defendant may appoint any Advocate on his beha(f7 #ritten statement E/?rder*I" '$(e*0 of 5!/!5) 4#ithin =B days or on the app(ication with in 9B after receipt of the s$mmons to the defendant!7
Iss$es 4?rder*LID" '$(e*0 of 5!/!5)7 4Es$a((y 6$dge wi(( frame the iss$es" b$t any of the parties gives written iss$es then -$dge wi(( observe the given iss$es and he wi(( frame to the iss$es!7 4#ritten statement if not fi(ed iss$es does not framed" ne<t stage wi(( be evidence of the p(aintiff7 ;vidence of the p(aintiff 45hief e<amination by way of affidavit ?rder* LDIII" '$(e*F of 5!/!57 5ross e<amination of the p(aintiff by the Defendant 4Advocate7 +$rther ;vidence of the p(aintiff 4#itness if any!7
5ross e<amination of the p(aintiff witness by the Defendant 4Advocate7 ;vidence of the Defendant 45hief e<amination by way of affidavit ?rder*LDIII" '$(e*F of 5!/!57 5ross e<amination of the Defendant by the /(aintiff 4Advocate7 +$rther ;vidence of the defendant 4#itness if any!7 5ross e<amination of the Defendant witness by the /(aintiff 4Advocate7
Arg$ment by the p(aintiff
171
Arg$ment by the Defendant 'ep(y Arg$ments if any by the /(aintiff and defendant
6$dgment and Decree 4?rder*LL of 5!/!57

Aggrieved party may prefer an Appea( efore senior division 4within =B days7 or before the %igh co$rt 49B days7
2ote! d$ring the pendency of the s$it either parties of the s$it may fi(e Inter(oc$tory app(ication for interim orders 4;<amp(e) Gemporary in-$nction" Set aside orders" Advancement" Ad-o$rnment" Attachment" Arrest" appointment of the 5ommissioner" L!'! App(ication" permission to prod$ction of doc$ments" (ist of witness" Amendment" Immp(eading" etc!7 If (i&e s$ch app(ication fi(ed by the parties of the s$it then above stage wi(( stop ti(( disposa( of that app(ication! +$rther any party fi(ed s$ch app(ication then very ne<t stage is ob-ection for that app(ication by the apposite party" and then hearing on that app(ication" after hearing -$dge wi(( orders on that app(ication! After disposa( of the app(ication the stage of the s$it wi(( contin$o$s!
172
2ote in the -rimina -ases! Any person/s aggrieved by any thing or person/s can (odge a comp(aint before the -$risdictiona( po(ice station! /o(ice a$thority itse(f or on aggrieved person/s or any third persons intimation it wi(( (odged +!I!'! After (odging the +!I!'! sho$(d be present before the magistrate within :F ho$rs by the po(ice a$thority! Ghen it wi(( register as 5rime n$mber! If offence is Acc$sed or" ai(ab(e then magistrate wi(( iss$e s$mmon to the
If offence is non* ai(ab(e then magistrate wi(( iss$e Arrest warrant to the Acc$sed! In warrant cases If Acc$sed obtained anticipatory bai(" then within prescribed time he has to appear before the co$rt and obtain reg$(ar bai(! A! /! / wi(( appear beha(f of the 5omp(ainant!
177
2ote! 8here are " t*pes of -rimina pro-eedings

'. 4essions -ases. G'IALS 5hapter LDIII section*::A to :=H 4pe-ia -ases and %(&) %(:) %:$ et- of 1.P.C. -ases trai ed b* distri-t and sessions -ourt.
&. ;arrant -ases. .2on Bai ab e offen-es/ G'IALS 5hapter LIL* Section :=I to :AB
Es$a((y Anticipatory ai( has to be obtain before District -$dge $nder section*F=I of 5r!/!5) if the acc$sed not been arrested! Ghen after obtaining reg$(ar bai( has to obtain before the concerned co$rt E/Section*F=H of 5r!/!5) %. 4ummons -ases.
section :A0 to :A9
.Bai ab e offen-es./ G'IALS 5hapter LL*
In s$mmons cases Acc$sed has to appear before the 5o$rt and fi(e bai( app(ication E/Section*F=8 of 5r!/!5) ". 4ummar* -ases. G'IALS 5hapter LLI Section*:8B to :8A
Maintenan-e se-tion '&< of Cr.P.C. birth and death petitions) et-.)
177
4tages in the -rimina -ases! 0! Ghe process of crimina( tria( in India Ghe 5ode of 5rimina( /roced$re" 09H= 2the 5r/53 is the proced$ra( (aw providing the machinery for p$nishment of offenders $nder the s$bstantive crimina( (aw" be it the Indian /ena( 5ode" 0I8B or any other pena( stat$te! Ghe 5r/5 contains e(aborate detai(s abo$t the proced$re to be fo((owed in every investigation" in.$iry and tria(" for every offence $nder the Indian /ena( 5ode or $nder any other (aw! It divides the proced$re to be fo((owed for administration of crimina( -$stice into three stages) name(y investigation" in.$iry and tria(! Investigation is a pre(iminary stage cond$cted by the po(ice and $s$a((y starts after the recording of a +irst Information 'eport 2+I'3 in the po(ice station! If the officer*in*charge of a po(ice station s$spects the commission of an offence" from statement of +I' or when the magistrate directs or otherwise" the officer or any s$bordinate officer is d$ty*bo$nd to proceed to the spot to investigate facts and circ$mstances of the case and if necessary" ta&es meas$res for the discovery and arrest of the offender! Investigation primari(y consists of ascertaining facts and circ$mstances of the case! It inc($des a(( the efforts of a po(ice officer for co((ection of evidence) proceeding to the spotM ascertaining facts and circ$mstancesM discovery and arrest of the s$spected offenderM co((ection of evidence re(ating to the commission of offence" which may consist of the e<amination of vario$s persons inc($ding the acc$sed and ta&ing of their statements in writing and the search of p(aces or seiN$re of things considered necessary for the investigation and to be prod$ced at the tria(M formation of opinion as to whether on the basis of the materia( co((ected there is a case to p(ace the acc$sed before a magistrate for tria( and if so" ta&ing the necessary steps for fi(ing the charge*sheet! Investigation ends in a po(ice report to the magistrate! In.$iry consists of a magistrate" either on receiving a po(ice report or $pon a comp(aint by any other person" being satisfied of the facts! Gria( is the -$dicia( ad-$dication of a person,s g$i(t or innocence! Ender the 5r/5" crimina( tria(s have been categoriNed into three divisions having different proced$res" ca((ed warrant" s$mmons and s$mmary tria(s! A warrant case re(ates to offences p$nishab(e with death" imprisonment for (ife or imprisonment for a term e<ceeding two years! Ghe 5r/5 provides for two types of proced$re for the tria( of
178
warrant cases by a magistrate" triab(e by a magistrate" viN!" those instit$ted $pon a po(ice report and those instit$ted $pon comp(aint! In respect of cases instit$ted on po(ice report" it provides for the magistrate to discharge the acc$sed $pon consideration of the po(ice report and doc$ments sent with it! In respect of the cases instit$ted otherwise than on po(ice report" the magistrate hears the prosec$tion and ta&es the evidence! If there is no case" the acc$sed is discharged! If the acc$sed is not discharged" the magistrate ho(ds reg$(ar tria( after framing the charge" etc! In respect of offences p$nishab(e with death" (ife imprisonment or imprisonment for a term e<ceeding seven years" the tria( is cond$cted in a sessions co$rt after being committed or forwarded to the co$rt by a magistrate! A s$mmons case means a case re(ating to an offence not being a warrant case" imp(ying a(( cases re(ating to offences p$nishab(e with imprisonment not e<ceeding two years! In respect of s$mmons cases" there is no need to frame a charge! Ghe co$rt gives s$bstance of the acc$sation" which is ca((ed notice" to the acc$sed when the person appears in p$rs$ance to the s$mmons! Ghe co$rt has the power to convert a s$mmons case into a warrant case" if the magistrate thin&s that it is in the interest of -$stice! Ghe high co$rt may empower magistrates of first c(ass to try certain offences in a s$mmary way! Second c(ass magistrates can s$mmari(y try an offence on(y if p$nishab(e on(y with a fine or imprisonment for a term not e<ceeding si< months! In a s$mmary tria(" no sentence of imprisonment for a term e<ceeding three months can be passed in any conviction! Ghe partic$(ars of the s$mmary tria( are entered in the record of the co$rt! In every case tried s$mmari(y in which the acc$sed does not p(ead g$i(ty" the magistrate records the s$bstance of the evidence and a -$dgment containing a brief statement of the reasons for the finding! Ghe common feat$res of the tria(s in a(( three of the aforementioned proced$res may be ro$gh(y bro&en into the fo((owing distinct stages) 0! +raming of charge or giving of notice Ghis is the beginning of a tria(! At this stage" the -$dge is re.$ired to sift and weigh the evidence for the p$rpose of finding o$t whether or not a prima facie case against the acc$sed has been made o$t! In case the materia( p(aced before the co$rt disc(oses grave s$spicion against the acc$sed that has not been proper(y e<p(ained" the co$rt frames the charge and proceeds with the tria(! If" on the contrary" $pon consideration of the record of the case and doc$ments s$bmitted" and after hearing the acc$sed person and the prosec$tion in this beha(f" the -$dge considers that there is not s$fficient gro$nd for proceeding" the -$dge discharges the acc$sed and records reasons for doing so!
189
Ghe words not s$fficient gro$nd for proceeding against the acc$sed mean that the -$dge is re.$ired to app(y a -$dicia( mind in order to determine whether a case for tria( has been made o$t by the prosec$tion! It may be better $nderstood by the proposition that whereas a strong s$spicion may not ta&e the p(ace of proof at the tria( stage" yet it may be s$fficient for the satisfaction of the co$rt in order to frame a charge against the acc$sed person! Ghe charge is read over and e<p(ained to the acc$sed! If p(eading g$i(ty" the -$dge sha(( record the p(ea and may" with discretion" convict him! If the acc$sed p(eads not g$i(ty and c(aims tria(" then tria( begins! Gria( starts after the charge has been framed and the stage preceding it is ca((ed in.$iry! After the in.$iry" the charge is prepared and after the form$(ation of the charge" tria( of the acc$sed starts! A charge is nothing b$t form$(ation of the acc$sation made against a person who is to face tria( for a specified offence! It sets o$t the offence that was a((eged(y committed! :! 'ecording of prosec$tion evidence After the charge is framed" the prosec$tion is as&ed to e<amine its witnesses before the co$rt! Ghe statement of witnesses is on oath! Ghis is ca((ed e<amination*in*chief! Ghe acc$sed has a right to cross* e<amine a(( the witnesses presented by the prosec$tion! Section =B9 of the 5r/5 provides that the proceeding sha(( be he(d as e<peditio$s(y as possib(e and in partic$(ar" when the e<amination of witnesses has once beg$n" the same sha(( be contin$ed day*to*day $nti( a(( the witnesses in attendance have been e<amined! =! Statement of acc$sed Ghe co$rt has powers to e<amine the acc$sed at any stage of in.$iry or tria( for the p$rpose of e(iciting any e<p(anation against incriminating circ$mstances appearing before it! %owever" it is mandatory for the co$rt to .$estion the acc$sed after e<amining the evidence of the prosec$tion if it incriminates the acc$sed! Ghis e<amination is witho$t oath and before the acc$sed enters a defence! Ghe p$rpose of this e<amination is to give the acc$sed a reasonab(e opport$nity to e<p(ain incriminating facts and circ$mstances in the case! F! Defence evidence If after ta&ing the evidence for the prosec$tion" e<amining the acc$sed and hearing the prosec$tion and defence" the -$dge considers that there is no evidence that the acc$sed has committed the offence" the -$dge is re.$ired to record the order of ac.$itta(! %owever" when the acc$sed is not ac.$itted for absence of evidence" a defence m$st be entered and evidence add$ced in its s$pport! Ghe acc$sed may prod$ce witnesses who may be wi((ing to depose in s$pport of the defence! Ghe acc$sed person is a(so a competent witness $nder the (aw! Ghe acc$sed may app(y for the iss$e of
181
process for compe((ing attendance of any witness or the prod$ction of any doc$ment or thing! Ghe witnesses prod$ced by him are cross* e<amined by the prosec$tion! Ghe acc$sed person is entit(ed to present evidence in case he so desires after recording of his statement! Ghe witnesses prod$ced by him are cross*e<amined by the prosec$tion! >ost acc$sed persons do not (ead defence evidence! ?ne of the ma-or reasons for this is that India fo((ows the common (aw system where the b$rden of proof is on the prosec$tion" and the degree of proof re.$ired in a crimina( tria( is beyond reasonab(e do$bt! A! +ina( arg$ments Ghis is the fina( stage of the tria(! Ghe provisions of the 5r/5 provide that when e<amination of the witnesses for the defence" if any" is comp(ete" the prosec$tor sha(( s$m $p the prosec$tion case and the acc$sed is entit(ed to rep(y! 8! 6$dgment After conc($sion of arg$ments by the prosec$tor and defence" the -$dge prono$nces his -$dgment in the tria(! %ere it is re(evant to mention that the 5r/5 a(so contains detai(ed provisions for compo$nding of offences! It (ists vario$s compo$ndab(e offences $nder the Indian /ena( 5ode" of which :0 may be compo$nded by the specified aggrieved party witho$t the permission of the co$rt and =8 that can be compo$nded on(y after sec$ring the permission of the co$rt! 5ompo$nding of offences brings a tria( to an end! Ender the 5r/5 an acc$sed can a(so be withdrawn from prosec$tion at any stage of tria( with the permission of the co$rt! If the acc$sed is a((owed to be withdrawn from prosec$tion prior to framing of charge" this is a discharge" whi(e in cases where s$ch withdrawa( is a((owed after framing of charge" it is ac.$itta(!
182
Appearance of the Acc$sedM and fi(e bai( app(ication If bai( granted s$rety sho$(d be prod$ce! 5harge sheet 4after fi(ing of the charge sheet 5r! @$mber wi(( change in to 5!5!7 J4@ote) the po(ice officer 4Investigation officer wi(( investigate the matter and he wi(( fi(e the charge sheet if the no offence was committed by the acc$sed then he wi(( fi(e report and matter wi(( be c(oses" if matter wi(( be not traceab(e then he wi(( be fi(e 5 report!7 J4Important @ote) If a((eged offence is not triab(e by 6!>!+!5! then matter sho$(d be commit to the -$risdictiona( co$rt!7 %earing before charge
5harge and /(ea 4if the acc$sed not admitted the charge the evidence wi(( commence7
;vidence of the 5omp(aint 4/rosec$tion7 5hief e<amination of the 5omp(aint witness 4/ersec$tion7 4 y /$b(ic /rosec$tor7 5ross e<amination of the 5omp(aint witness by the Acc$sed 4Advocate7 =0= statement of the Acc$sed ;vidence of the Acc$sed 4If any Acc$sed evidence is there or other wise Arg$ments7 Arg$ments by 5omp(ainant 4/$b(ic /rosec$tor7 Arg$ments by Acc$sed 4Advocate7 6$dgment 4Ac.$itta( or conviction7 S$spension of the 5onviction 4If Acc$sed convicted7 Acc$sed have to ma&e appea( within =B days from -$dgment
18/
Pri,ate Comp aint*Ender section*:BB of 5r!/!5) If po(ice persons ref$sed to ta&e comp(aint of the Dictim" then Dictim may (odge a comp(aint $nder section*:BB of 5r!/!5) before the magistrate! 6nder 4e-tion='%# of 2egotiab e instrument A-t. Ghis proceeding comes $nder crimina( therefore comp(aint sho$(d be (odge $nder section*:BB of 5r!/!5) Crimina Defamation and other offen-es et-.
Ghis proceeding comes $nder crimina(M therefore comp(aint sho$(d be (odge $nder section*:BB of 5r!/!5) 4tages under Pri,ate Comp aint! 5omp(aint $nder section*:BB of 5r!/!5 Sworn statement of the comp(ainant %earing on /rocess! ?rders 4After orders /rivate comp(aint @$mber wi(( be changed into 4557 crimina( case @o!7 S$mmons to the Acc$sed! Appearance of the Acc$sedM and fi(e bai( app(ication! If bai( granted s$rety sho$(d be prod$ce! /(ea ;vidence of the 5omp(aint 5hief e<amination of the 5omp(aint witness 5ross e<amination of the 5omp(aint witness by the Acc$sed 4Advocate7 =0= statement of the Acc$sed ;vidence of the Acc$sed 5ross e<amination of the Acc$sed witness by comp(ainant
180
Arg$ments by 5omp(ainant Arg$ments by Acc$sed 6$dgment 4Ac.$itta( or conviction7 S$spension of the 5onviction 4If Acc$sed convicted7 Acc$sed have to ma&e appea( within =B days from -$dgment
181
>.C. .>n-umbran-e Certifi-ate./ 4S$b*'egister has power to iss$e this certificate! It is c(arify abo$t property 4Landed or ho$se which is registered7 having any a(ienation" mortgage or other things!7 +hatha >?tra-t9Demand e?tra-t! .0orm 2o.'9=&$/ @after -ommen-ement of the se f assessment the C.M.C. is issuing 0orm 2o. % instead of form 2o. '9 and &$/ 4>$nicipa( 5ommissioner having power to iss$e this e<tract! Ghis is say abo$t ta< paid" owner and occ$pier7 4In Di((ages Kram /anchayth Secretary wi(( iss$e this e<tract $nder form @o! 9 and 0B!7 4ur,e* >?tra-t and 4ur,e* 4ket-h! 4A!D!L!' 4S$rvey office!7 has power to iss$e these e<tract and s&etch! 4Landed or ho$se which is registered7 7.A.7. 9 Pahane .7e-ords of right/! 4Gahsi(dar has power to iss$e this record! It is on(y concerned to the (anded property" it is says abo$t s$rvey n$mber" e<tant" owners name" m$tation n$mber" c$(tivator name and so many things abo$t concerned (anded property!7 Market 5a ue -ertifi-ate pertaining to ,a-ant propert*! 4S$b*'egister has power to iss$e this certificate! Ghis is says abo$t mar&et va($e of the area!7 Market 5a ue -ertifi-ate pertaining to Bui ding propert*! 4/!#!D! ;ngineer is the concerned person to iss$e this certificate!7 Mutation order! 4Gahsi(dar has power to iss$e this record! It is on(y concerned to the (anded property" it is says abo$t transaction of the property" on what basis property was transferred" and how property got! /er e<amp(e on the basis of registration" or /otee /atta etc!" 4/otee /atta means property divided thro$gh ancestra(7 6$nior advocates who came to the practice in the ear(ier" first 0A days yo$ don,t represent any cases! Yo$ have to watch the co$rt proceedings caref$((y! Yo$ don,t -oin any Advocate office ti(( 0A" yo$ sho$(d decide yo$,re se(f whether yo$ are interested in 5rimina( Side or 5ivi( Side or yo$ want to practice both sides! Ghen yo$ sho$(d -oin any good office! Another sincere advice to yo$" once yo$ -oined any office don,t (eave that office" s$ppose yo$ (eaved that office don,t -oin other office yo$ sho$(d start independent practice! >ost of the advocates came from Cannada medi$m" don,t bother abo$t ;ng(ish Lang$age" Lega( trams are (imited and day by parities wi(( give &now(edge and within = or F years yo$ wi(( be (earn! Bours tru *) Manjunath.P.H.
*******************************OOOOOOOOOOO**********************************
182
P.H. Manjunath. B.A. LL.B. Mobi e! 9""#$%&'(() Be ar*. +arnataka.
5A;<R* C6 ;E* PRCP*R;N
R*R<IR*D DCC<3*5;S 6CR SCR<;I5N A5D R*HIS;RA;IC5 1. 3other Document 2. :in% Document /. S%etch O *!tract 0. RCR 1. 3utations 2. Purchaser should &e agriculturist 7. Inam or grant copies 7. Cancellation o Inam or grant Copies 8. *ncum&rance certi icate
1. Agricultural Property (R.S.)
5ote- ;he su&-register #ill issue J I K orm a ter the registration o the landed property to the sur"ey deportment or intimation o the title trans er. 5o# a day4s the landed properties mutation #ill change at a time in RCR as #ell as S%etch-*!tract. 5ote- I a title holder #ant to sell his landed property in his entire land, the S%etch orm 5o.11* is reGuired or registration o the part landed property in entire land. In other #ords S%etch orm 5o. 11* means #hich particular portion party is selling. A ter preparation o the S%etch orm 5o. 11* it4s "alid or 2 months, #ithin 2 months registration is not made once again apply or S%etch orm 5o. 11*.
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
2.
#. S. =and (#o.n Sur)e/)
1. 3other Document 2. :in% Document /. S%etch O *!tract 0. 6orm 5o./ 1. *. C.
5ote- ;he su&-register #ill issue J I K orm a ter the registration o the ;.S. property to the sur"ey deportment or intimation o the title trans er. ;hen trans erred title holder has to ile application &e ore the sur"ey deportment to change his name in sur"ey e!tract. 5ote- A ter trans er o the title in the sur"ey records then same has to &e su&mit #ith orm 5o.7 or change o >hatha &e ore the 3unicipality.
187
/.
Auda appro"ed Property (Auda layout TPri"ate :ayout)
1. 3other Document 2. :in% Document /. S%etch 0. 6orm 5o./ 1. *. C. *ncum&rance certi icate 2. 5.A. Copy 7. A<DA appro"al copy
5ote- A ter registration striate a#ay has to &e su&mit #ith orm 5o.7 or change o >hatha &e ore the 3unicipality.
0.
Eousing Aoard Property
1. 3other Document 2. :in% Document /. S%etch 0. 6orm 5o./ 1. *.C. *ncum&rance certi icate 2. E. A. Hrant Copy
5ote- A ter registration striate a#ay has to &e su&mit #ith orm 5o.7 or change o >hatha &e ore the 3unicipality.
1.
=illage Property (Hram Panchayath TPri"ate :ayout) Sy. 5o.
1. 3other Document 2. :in% Document /. S%etch 0. 6orm 5o.7, 8, 19 1. *. C. *ncum&rance certi icate
5ote- ;he su&-register #ill issue J I K orm a ter the registration o the =illage property to the sur"ey deportment or intimation o the title trans er. ;hen trans erred title holder has to ile application &e ore the sur"ey deportment to change his name in sur"ey e!tract. 5ote- A ter trans er o the title in the sur"ey records then same has to &e su&mit #ith application or change o >hatha &e ore the Hram Panchayath.
187
6C::C,I5H DCC<3*5;S AR* A=AI:AA* A;1. 2. /. 0. 1. 2. 7. 7. 8. 7. 3other Document :in% Document Sur"ey S%etch O *!tract A<DA S%etch Eousing Aoard S%etch 6orm 5o./ 6orm 5o.7, 8, 19 I- 6orm *. C. RCR C ice o Su&-Registrar C ice o Su&-Registrar Sur"ey Department A<DA Eousing Aoard C ice C3C(3unicipalityBCorporation) Hrama Panchayath Sur"ey Department C ice o Su&-Registrar ;ahsildar
5C;* 5.A. proceedings are held &e ore the D.C. :and granting authority is ;ahsildar. 3CD*S C6 ;RA5S6*RRI5H ;E* ;I;:* C6 ;E* PRCP*R;N ;ERC<HE R*HIS;*R D**DS1. 2. /. 0. 1. 2. Sale deed Partition deedBPalu "i&haga patti RelinGuishment deed Hi t deed ,ill deed
C;E*R1. Sale agreement 2. 3ortgage /. Heneral Po#er o Attorney 0. :ease Cr Rent agreement 1. Recti ication deed 2. Rati ication deed 7. Adoption deed 7. 3arriages 8. Cancellation o deed 19.
188 ;arriage Registration:

Eindu, 3uslim, Cristian and Special 3arriages (Inter Religion) 1. 3arriage &e ore Su&-Registrar ;ime ReGuired- /9 days a. &. c. d. e. . I. D. Card #ith photo Age Proo Caste Proo Residence Proo Photos ,itness 2 in num&er 2. 3arriage Certi icate a ter 3arriage ;ime reGuired- Same day a. I. D. Card #ith photo &. Age Proo c. Caste Proo d. Residence Proo e. 3arriage Photos . ,itness 2 in num&er g. ,edding Card h. Place o marriage #ith Choultry receipt.
A&o"e said all registered &y Su&- Registrar.
DIS;RIC; R*HIS;RAR
Ee is the appellant $urisdiction to aggrie"ed party &y the Su&-Register
1. 4irm Registration ". Societ/5Sang%a Registration

1. 6IR3 R*HIS;RA;IC5
6orm 5o.1 6or 6irm Registration 6orm 5o. 2 or Change o 6irms name or proprietor name or chie persons name 6orm 5o.0 or change o Partners name or change o address 6orm 5o.1 or dissolution o irm Cn Rs. 1,999B- &ond partnership deed should &e #ritten, &y mentioning all particulars o the partnership irmB irm. 6or this deed registration is not compulsory. Deed includes Rights and lia&ilities o the partners, percentage o in"estments, distri&ution percentage o pro its, #or%ing hours.
299
A# #71 #I;1 O4 R1?IS#RA#ION O4 #71 4IR; R1ICIR13 PAR#I6C=ARS AR1:-
1. Partnership irm name 2. Ausiness place /. Address 0. 5ature o Ausiness 1. other places o &usiness 2. Date o admission o partners to the irm 7. *ach partner4s permanent address 7. Period 8. *ach partners signature on application 19. ,itnesses or each partners "iQ.-Ad"ocateBAttorneyBPleaderBRegistered accountant 11. Mero! copy o partnership deed (on Rs. 1,999B- &ond) 12. Aan% transaction. A ter registration, @@@@@@..C;C 3easurements1 acre U 199 Cents U 9.22 6eet U 199 :in%s U 1 Chain U 1 Cent U 1 3eter U
0/,129 SG. 6eet 1 acre 1 :in% 1 Chain 22 6eet 0/1.1 SG. 6eet /.// 6eet ???????????????
??????????????????

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1

::Key Notes on Interlocutory applications::

P.H. Manjunath. Advocate. Bellary. Mobile:944 !"#$%%

+1. #%ird part/ o(struction in 12ecution Petition (Section-+, Order-"1 R-0,),'

,". Permission to depositing t%e Arrears o$ Rents56laim amount (Section-1*1)1+1

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

DatePlaceAd)ocate $or Applicant5s5Plainti$$5s5de$endant5s

:.). No. AAA.BAAAA. Bet'een:

::A((idavit o( the Applicant NoA. ::

Identified by me Advocate Deponent efore me!

Sworn to and signed/Ltm before me at on this day of month Year

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

Application iled on &ehal o the ApplicantB@@@@.. <nder

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

::A((idavit o( the Applicant NoA. ::

Identified by me Advocate Deponent efore me!

Sworn to and signed/Ltm before me at on this day of month Year

3. S !stit ted ser"ice (paper p !lication) (O-#, R-20(1$))

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

DatePlaceAd)ocate $or Applicant5s5Plainti$$5s

:.). No. AAA.BAAAA. Bet'een:

::A((idavit o( the Applicant NoA. ::

Deponent efore me!

Sworn to and signed/Ltm before me at on this day of month Year

%. $mendment of pleadings (O-6, R-1&)

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

18 IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

::A((idavit o( the Applicant NoA. ::

Identified by me Advocate Deponent

21 #. 'ithdra( the s it to present it !efore proper co rt (O-&, R-10(a))

IN #71 7ON>H=1 6OCR# O4 BBBBBBBBBBBB.. A# BBBBBBBBB..

DatePlaceAd)ocate $or Applicant5s5Plainti$$5s

IN #71 7ON>H=1 6OCR# O4 BBBBBBBBBBBB.. A# BBBBBBBBB..

Identified by me Advocate Deponent efore me!

Sworn to and signed/Ltm before me at on this day of month Year

6. )rod ction of doc ments !* the plaintiff (O-&, R-1%(2(+)))

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

DatePlaceAd)ocate $or Applicant5s5Plainti$$5s

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

::A((idavit o( the Applicant NoA. ::

Deponent efore me!

Sworn to and signed/Ltm before me at on this day of month Year

&. )rod ction of doc ments !* the defendant (O-,, R-1($))

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

DatePlaceAd)ocate $or Applicant5s5de$endant5s

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

::A((idavit o( the Applicant NoA. ::

Identi ied &y me

Sworn to and signed/Ltm before me at on this day of month Year

-. Set aside ./-parte orders (O--, R-&)

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

2. ;he a&o"e case is stands posted on @@@@. or my appearance.

and circumstances to allow your application.}

Sworn to and signed/Ltm before me at on this day of month Year

10. Set aside the ./ )arte 0ecree (O--, R-1+)

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

IN &H5 H:N1B85 6:9*& :; AAAAAAAAAAAA.. A& AAAAAAAAA..

2. ;he a&o"e case is stands posted on @@@@. or my appearance.

Sworn to and signed/Ltm before me at on this day of month Year

11.1or 0isco"er* !* Interrogatories (O-11, R-1)

222222222222222222222222222 12.1or 0isco"er* of 0oc ments (O-11, R-12)

1+.1or Inspection of 0oc ments (O-11, R-1,(1))

:,5 E7I )9MM:NIND AN, A&&5N,AN65 :; 3I&N5))5)