Code of Civil Procedure 1908

Code of Civil Procedure, 1908. ACT NO. V OF 1908 [21st Marc 1908!
An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature !t is here"# enacted as follows$ % P"#$%M%NA"& &.%'l( )his Act ma# "e cited as the Code of Civil Procedure* &+,-. '.( !t shall come into force on the first da# of Januar# &+,+. &/'0( !t extends to the whole of Pa1istan.2 .. !n this Act* unless there is an#thing repugnant in the su"3ect or context*% '&( 4Code4 includes rules$ '.( 4decree4 means the formal expression of an ad3udication which* so far as regards the court expressing it* conclusivel# determines the rights of the parties which regard to all or an# of the matters in controvers# in the suit and ma# "e either preliminar# or final. !t shall "e deemed to include the re3ection of a plaint ./the determination of an# 5uestion within section &66 and an order under rule 7,* +-* ++* &,&* or &,0 of 8rder 99!2 "ut shall not include 'a( an# ad3udication form which an appeal lies as an appeal from an order* or '"( an# order of dismissal for default. Explanation. % A decree is preliminar# when further proceedings have to "e ta1en "efore the suit can "e completel# dispose of. !t is final when such ad3udication completel# disposes of the suit. !t ma# "e partl# preliminar# and partl# final '0( 4:ecree%holder4 means an# person in whose favour a decree has "een passed or an order capa"le of execution has "een made$ '6( 4:istrict4 means the local limits of the 3urisdiction of a principal civil Court of original 3urisdiction 'hereinafter called a 4:istrict Court4(* and includes the local limits of the ordinar# original civil 3urisdiction of a High Court$
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';( 4<oreign Court4 means a Court situate "e#ond the limits of &/Pa1istan2 which has no authorit# in &/Pa1istan2 and is not esta"lished or continued "# ./the Central =overnment 0>>>2$ '7( 4<oreign 3udgment4 means the 3udgment of a foreign Court$ '?( 4=overnment Pleader4 !ncludes an# officer appointed "# the 6'Provincial =overnment2 to perform all or an# of the functions expressl# imposed "# this Code on the =overnment Pleader and also an# pleader acting under the directions of the =overnment Pleader $ '-( 4Judge4 means the presiding officer of a civil Court$ '+( 4Judgment4 means the statement given "# the Judge of the grounds of a decree or order$ '&,( 4Judgment%de"tor4 means an# person against whom a decree has "een passed or an order capa"le of execution has "een made$ '&&( 4@egal representative4 means a person who in law represents the estate of a deceased person* and includes an# person who intermeddles with the estate of the deceased and where a part# sues or is sued in a representative character the person on whom the estate devolves on the death of the part# so suing or sued$ '&.( 4Aesne profits4 of propert# means those profits which the person in wrongful profession of such propert# actuall# received or might with ordinar# diligence have received therefrom* together with interest on such profits "ut shall not include profits due to improvements made "# the person in wrongful possession$ '&0( 4Aova"le propert#4 includes growing crops$ '&6( 48rder4 means the formal expression of an# decision of a civil Court which is not a decree$ '&;( 4Pleader4 means an# person entitled to appear and plead for another in Court* and includes an advocate* a civil and an attorne# of a High Court$ '&7( 4Prescri"ed4 means prescri"ed "# rules$ '&?( 4Pu"lic officer4 means a person falling under an# of the following descriptions* namel#$ 'a( ever# Judge '"( /ever# person in the service of Pa1istan2.&
'c( ever# commissioned or gaBetted officer in the militar#* ./naval or air#2 forces of 0/Pa1istan while in the service of the State2 'd( ever# officer of a Court of Justice whose dut# it is* as such officer* to investigate or report on an# matter of law or fact* or to ma1e* authenticate or 1eep an# document* or to ta1e charge or dispose of an# propert#* or to execute an# 3udicial process* or to administer an# oath* or to interpret* % or to preserve order* in the Court* and ever# person especiall# authoriBed "# a Court of Justice to perform an# of such duties 'e( ever# person who holds an# office "# virtue of which he is empowered to place or 1eep an# person in confinement 'f( ever# officer of 6/the ;/=overnment2 2 whose dut# it is* as such officer* to prevent offences* to give information of offences* to "ring offenders to 3ustice* or to protect the pu"lic health* safet# or convenience 'g( ever# officer whose dut# it is* as such officer* to ta1e* receive* 1eep or expend an# propert# on "ehalf of 6/the ;/=overnment22* or to ma1e an# surve#* assessment or contract on "ehalf of C/the .'=overnment2 &. or to execute an# revenue%process* or to investigate* or to report on* an# matter affecting the pecuniar# interests of &/the ./=overnment2* or to ma1e* authenticate or 1eep an# document relating to the pecuniar# interests of &/the /=overnment2 2 or to prevent the infraction of an# law for the protection of the pecuniar# interest of &/the ./=overnment2 2 and 'h( ever# officer in the service or pa# of &/the ./=overnment22* or remunerated "# fees or commission for the performance of an# pu"lic dut#$ '&-( 4Rules4 means rules and forms contained in the <irst Schedule or made under section &.. or section &.;. '&+( 4Share in a corporation4 shall "e deemed to include stoc1* de"enture%stoc1* de"entures or "onds and '.,( 4Signed4* save in the case of a 3udgment or decree* includes stamped. 0. <or the purposes of this Code* the :istrict Court is su"ordinate to the High Court* and ever# civil Court ofC a grade inferior to that of a :istrict Court and ever# Court of Small Causes is su"ordinate to the High Court and :istrict Court. 6.%'l( !n the a"sence of an# specific provision to the contrar#* nothing in this Code shall "e deemed to limit or otherwise affect an# special or local law now in force or an# special 3urisdiction or power conferred* or an# special form of procedure prescri"ed* "# or under an# other law for the time "eing in force. '.( !n particular and without pre3udice to the generalit# of the proposition contained in su"section '&(* nothing in this Code shall "e deemed to limit or otherwise
affect an# remed# which a landholder or landlord ma# have under an# law for the time "eing in force for the recover# of rent of agricultural land from the produce of such land. ;.%'&( Where an# Revenue Courts are governed "# the provisions of this Code in those matters of procedure upon which an# special enactment applica"le to them is silent* the 0/Provincial =overnment26 > > > ma#* "# notification in the ;'official =aBette2* declare that an# portions of those provisions which are not expressl# made applica"le "# this Code shall not appl# to those Courts* or shall onl# appl# to them with such modifications as the 0/Provincial =overnment2>>> ma# prescri"e. '.( 4Revenue Court4 in su"section '&( means a Court having 3urisdiction under an# local law to entertain suits or other proceedings relating to the rent* revenue or profits of land used for agricultural purposes* "ut does not include a civil Court having original 3urisdiction under this Code to tr# such suits or proceedings as "eing suits or proceedings of a civil nature. 7. Save in so far as is otherwise expressl# provided* nothing herein contained shall operate to give an# Court 3urisdiction over suits the amount or value of the su"3ect%matter of which exceeds the pecuniar# limits 'if an#( of its ordinar# 3urisdiction. ?. )he following provisions shall not extend to Courts cons% Provincial Small Cause Courts Act* &--?* &>>> or to Courts exercising the 3urisdiction of a Court of Small Causes Courts 0/under the said Act2* that is to sa#*% 'a( So much of the "od# of the Code as relates to% 'i( Suits excepted from the cogniBance of a Court of Small Causes 'ii( )he execution of decrees in such suits 'iii( )he execution of decrees against immova"le propert# and '"( )he following sections* that is to sa#*% sections +* sections +& and +.. sections +6 and +; 0/far as the# authoriBe or relate to%C 'i( orders for the attachment of immova"le propert#* 'ii( in3unctions. 'iii( the appointment of a receiver of immova"le propert#* or 'iv( the interlocutor# orders referred to @i clause 'e( of section +62 and sections +7 to &&. and &&;. -.%8mitted "# the 6.,* &+6+.
/&+,-$ AC) D2 Civil Procedure 'Part !.% Suits in =eneral. Jurisdiction of the Courts and Res 3udicata( PAR) ! SE!)S !F =EFERA@ JER!S:!C)!8F 8< )H@0 C8ER)S AF: Res Judicata +. )he Courts shall 'su"3ect to the provisions herein cone tamed( have 3urisdiction to tr# all suits of a civil nature excepting suits of which their cogniBance is either expressl# or impliedl# "arred. Explanation.% A suit is which the right to propert# or to an office is contested is a suit of a civil nature* notwithstanding that such right ma depend entirel# on the decision of 5uestions as to religious rites or ceremonies. &,. Fo Court shall proceed With the trial of an# suit in which the matter in issue is also directl# and su"stantiall# in issue in a previousl# instituted suit "etween the same parties* or "etween parties under whom the# or an# of them claim litigating under the same title where such suit is pending in the same or an# other Court in &/Pa1istan2 having 3urisdiction to grant the relief claimed* or in an# Court "e#ond the limits of &/Pa1istan2 esta"lished or continued "# ./the Central =overnment 0>>>2 and having li1e 3urisdiction* or "efore 6/the Supreme Court2. Explanation.% )he pendenc# of a suit in a foreign Court does not preclude the Courts in &/Pa1istan2 from tr#ing a suit founded on the same cause of action. &&. Fo Court shall tr# suit or issue in which the matter directl# and su"stantiall# in issue has "een directl# and su"stantiall# in issue in a former suit "etween the same parties* or "etween parties under whom the# or an# of them claim* litigating under the same title* in a Court competent to tr# such su"se5uent suit or the suit in which such issue has "een su"se5uentl# raised* and has "een heard and finall# decided "# such Court. Explanation !.% )he expression 4former suit4 shall denote a Suit which has "een decided prior to the suit in 5uestion whether or not it was instituted prior thereto.
Explanation !!.% <or the purposes of this section* the competence of a Court shall "e determined irrespective of an# provisions as G, a right of appeal from the decision of such Court.
Explanation !!!.%)he matter a"ove referred to must in the former suit have "een alleged "# one part# and either denied or admitted* expressl#* or impliedl# "# the other. Explanation &D.%An# matter which might and ought to have "een made ground of defence or attac1 in such former suit shall "e deemed to have "een a matter directl# and su"stantiall# in issue %in such suit. Explanation D.%An# relief claimed in the plaint* which is not expressl# granted "# the decree* shall* for the purposes of this section* "e deemed to have "een refused. Explanation D!.%Where persons litigate "ona fide in respect of a pu"lic right or of a private right claimed in common for themselves and others* all persons interested in such right shall* for the purposes of this section* "e deemed to claim under the person so litigating. &.. &/'&(2 Where a plaintiff is preclude "# rules from instituting a further suit in respect of an# particular cause of action* he shall not "e entitled to institute a suit in respect of such cause of action in an# Court to which this Code applies. &/'.( Where a person challenges the validit# of a 3udgment* decree or order on the pica of fraud* misrepresentation or want of 3urisdiction* he shall see1 his remed# "# ma1ing an application to the Court which passed the final 3udgment* decree or order and not "# a separate suit.2 &0. A foreign 3udgment shall "e conclusive as to an# matter When there"# directl# ad3udicated upon "etween the same parties or "etween parties under whom the# or an# of them claim litigating under the same title except 'a( Where it has not "een pronounced "# a Court of competent 3urisdiction '"( Where @! has not "een given on the merits of the case 'c( Where it appears on the face of the proceedings to "e founded on an incorrect view of international law or a refusal to recogniBe the law of ./Pa1istan2 in cases in which such law is applica"le 'd( Where the proceedings in which the 3udgment was o"tained are opposed to natural 3ustice 'e( Where it has "een o"tained "# fraud 'f( Where it sustains a claim founded on a "reach of an# law in force in ./Pa1istan(. &6. )he Court shall presume* upon the production of an# document purporting to "e a certified cop# of a foreign 3udgment* that such 3udgment was pronounced "# a Court of competent 3urisdiction* unless the contrar# appears on the record "ut such presumption ma# "e displaced "# proving want of 3urisdiction. &;. Ever# suit shall "e instituted in the Court of the lowest grade competent to tr# it.
&7. Su"3ect to the pecuniar# or other limitations prescri"ed "# an# law* suits 'a( for the recover# of immova"le propert#% with or without rent or profits '"( for the partition of !mmova"le propert# 'c( for foreclosure* sale or redemption !n the case of a mortgage of or charge upon immova"le propert#* 'd( for the determination of an# other right to or !nterest in immova"le propert# 'e( for compensation for wrong to immova"le propert#* 'f( for the recover# of mova"le propert# actuall# under distraint or attachment shall "e instituted in the Court within the local limits of whose 3urisdiction the propert# is situated C/* or* in the case of suits referred to in% clause 'c(* at* at the place where the cause of action his wholl# or partl# arisen$ % Provided that a suit to o"tain relief respecting* or compensation for wrong to* immova"le propert# held "# or on "ehalf of the defendant ma#* where the relief sought can "e entirel# o"tained through his personal o"edience* "e instituted either in the Court within the local limits of whose 3urisdiction the propert# is situate &/or* in the case of suits referred to in clause 'c(* at the place where the cause of action has wholl# or partl# arisen( or in the Court within the local limits of whose 3urisdiction the defendant actuall# and voluntaril# resides* or carries on "usiness* or personall# wor1s for gain. Explanation.% !n this section 4propert#4 means propert# situate in ./Pa1istan2. &?. Where a suit is to o"tain relief respecting* or compensation for wrong to immova"le propert# situate within the 3urisdiction of different Courts* the suit ma# "e instituted in an# Court within the local limits of whose 3urisdiction an# portion of the propert# is situate$ % Provided that* in respect of the value of the su"3ect%matter of the suit* the entire claim is cogniBa"le "# such Court. &-.%'&( Where it is alleged to "e uncertain within the local limits of the 3urisdiction of which of two or more Courts an# immova"le propert# is situate* an# one of those Courts ma#* if satisfied that there is ground for the alleged uncertaint#* record a statement to that effect and thereupon &iroceed to entertain and dispose of an# suit relating to that propert#* and its decree in the suit shall have the same effect as if the propert# were situate within the%local limits of its 3urisdiction$ Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise 3urisdiction. '.( Where a statement has not "een recorded under su"s section '&(* and an o"3ection is ta1en "efore an appellate or revisional Court that a decree or order in a suit relating to such propert# was made "# a Court not having 3urisdiction where the propert# is situate* the appellate or revisional Court shall not allow the o"3ection unless in its opinion there
was* at the time of the institution of the suit* no reasona"le ground for uncertaint# as to the Court having 3urisdiction with respect thereto and there has "een conse5uent failure of 3ustice. &+. Where a suit is for compensation for wrong done to the person or to mova"le propert#* if the wrong was done within the local limits of the 3urisdiction of one Court and the defendant resides* or carries on "usiness* or personall# wor1s for gain* within the local limits of the 3urisdiction of another Court* the suit ma# "e instituted %at the option of the plaintiff in either of the said Courts. !llustrations 'a( A* residing in C/Harachi2* "eats I in &/Juetta2. I ma# sue A either in !/Juetta or &/Harachi2. '"( A* residing in /Harachi2 pu"lished in /Juetta2 statements defamator# of I. I ma# sue A either in /Juetta2 or in /Harachi2. .,. Su"3ect to the limitations aforesaid* ever# suit shall "e in a Court within the local limits of whose 3urisdiction. 'a( the defendant%* or each of the defendants where there are more than one* at the time of the commencement of the suit* actuall# and voluntaril# resides* or carries on "usiness* or personall# wor1s for gain or '"( an# of the defendants* where there are more than one* at the time of the commencement of the suit* actuall# and voluntaril# resides* or carries on "usiness* or personall# wor1s for gain* provided that in such case either of the Court is given* or the defendants who reside* or carr# on "usiness* or personall# wor1 as aforesaid* ac5uiesce in such institution or 'c( the cause of action* wholl# or in part* arises. Explanation !.% Where a person has% a one place and also a temporar# residence shall "e deemed to reside at "oth places in action arising at the place where he residence. Explanation !!.%A corporation shall "e deemed to carr# on "usiness at its sole or principal office in C/Pa1istan2 or* in respect of an# cause of action arising at an# place where it has also a su"ordinate office* at such place. !llustrations 'a( A is a tradesman in /@ahore2. I carries on "usiness in /Harachi2. I* "# his agent in /@ahore2* "u#s goods of A and re5uests A to deliver them to the /Pa1istan !nternational Airwa#s2. A delivers the goods accordingl# in /@ahore2. A ma# sue I for the price of the
goods either in /@ahore2 where the cause of action has arisen or in /Harachi2 where I carries on "usiness. '"( A resides at /Aurree2* I at /@ahore2* and C at /Harachi2. A* I and C "eing together at /Iahawalpur2 I and C ma1e a 3oint promissor# note pa#a"le on demand* and deliver it to A. A ma# sue I and C at /Ihawalpur2* where the cause of action arose. He ma# also sue them at /@ahore2* where I resides* or at /Harachi2* where C resides$ "ut in each of these cases* if the non%resident defendant o"3ects* the suit cannot proceed without the leave of the Court. .&. Fo o"3ection as to the place of suing shall "e allowed "# an# appellate or revisional Court unless such o"3ection was ta1en in the Court of first instance at the earliest possi"le opportunit# and in all cases where issues are settled at or "efore such settlement and unless there has "een a conse5uent failure of 3ustice. ... Where a suit ma# "e instituted in an# one.% of two or more Courts and is instituted in one of such Courts* an# defendant after notice to the other parties* ma#* at the earliest possi"le opportunit# and in all cases where issues are settled at or "efore such settlement* appl# to have the suit transferred to another Court* and the Court to which such application is made* after considering the o"3ections of the other parties 'ii an#(* shall determine in which of the several Courts having 3urisdiction "e suit shall proceed. .0. '&( Where the several Courts having 3urisdiction are su"ordinate to the same Appellate Court* an application under section .. shall "e made to the Appellate Court. '.( Where such Courts are su"ordinate to different Appellate Courts "ut to the same High Court* the application shall "e made to the said High Court. '0( Where such Courts arc su"ordinate to different High Courts* the application shall "e made to the High Court within the local limits of whose 3urisdiction the Court in which the suit is "rought is situate. .6.%..'l( 8n the application of an# of the parties and after notice to the parties and after hearing such of "e heard* or of its own motion without such notice* the High Court or the :istrict Court ma# at an# stage% 'a( transfer an# suit* appeal or other proceeding pending "efore it for trial or disposal to an# Court su"ordinate to it and competent to tr# or dispose of the same* or '"( withdraw an# suit* appeal or other proceeding pending in an# Court su"ordinate to it* and 'i( tr# or dispose of the same or
'ii( transfer the same for trial or su"ordinate to it and competent same or 'iii( retransfer the same for trial or disposal to the Court from which it was withdrawn. '.( Where an# suit or proceeding has "een transferred or withdrawn under su"section '&( the Court which thereafter tries such suit ma#* su"3ect to an# special directions in the case of an order of transfer* either retr# it or proceed from the point at which it was transferred or withdrawn. '0( <or the purposes ofC this section* and Assistant Judges shall "e deemed to :istrict Court. '6( )he court tr#ing an# suit transferred or withdrawn under this section from a Court of Small Causes shall* for the purposes ofC such suit* "e deemed to "e a Court of Small Causes* &.6%A.%'&( Where an# suit is transferred udder section ..* or an# suit* appeal or other proceeding is transferred or withdrawn under su"section '&( of section .6 on the application of a part#* the Court ordering the transfer or withdrawal shall fix a date for the appearance of the parties "efore itself* if the.* suit* appeal or other proceeding is to "e tried or disposed of "# itself* or "efore the Court to which the case is so transferred. '.( Where an# suit* appeal or other proceeding is transferred from one Court to another* otherwise than on theC application of a part#* the parties thereto shall appear "efore the Court from which the suit* appeal or other proceeding is to "e transferred* on the da# alread# fixed for their appearance "efore that Court* and such Court shall then communicate the order of transfer to such parties and direct them to appear "efore the Court to which the suit* appeal or other proceeding is to "e transferred* either on the same da#* or on such earliest da# as ma# "e reasona"le having regard to the distance at which the other Court is located.24 .;. &> > > > > > %N'T%T(T%ON OF '(%T' .7. Ever# suit shall "e instituted "# the presentation of a plaint or in such other manner as ma# "e prescri"ed. '(MMON' AN) )%'COV#"& .?. Where a suit has "een dul# instituted* a summons ma# defendants* "e issued to the defendant to appear and answer the claim and ma# "e served in manner prescri"ed.
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.-.%'&( A summons ma# "e sent for service in another summons. Province to such Court and in such manner as ma# "e prescri"ed "# rules in force in that Province. '.( )he Court to which summons is sent shall* upon another receipt thereof* proceed as if it had "een issued "# such Court and shall then return the summons to the Court of issue together with the record 'if an#( of its proceedings with regard thereto. .+. Summonses ./and other processes2 issued "# an# Civil or Revenue Court situates &/outside2 ./Pa1istan2 ma# "e sent to the Courts 0/in2 6/Pa1istan2 and served as if the# ;/were summonses2 issued "# such Courts$ 7/Provided that the Courts issuing such summonses /or processes2 have "een esta"lished or continued "# the authorit# of the Central =overnment or that the Provincial =overnment /of the Province in which such summonses or processes are2 to "e served has "# notification in the official =aBette declared the provisions of this section to appl# to &,/such Courts.2 0,. Su"3ect to such conditions and limitations as ma# "e prescri"ed* the Court ma#* at an#. time* either of its own motion or on the application of an# part#$ % 'a( ma1e such orders as ma# "e necessar# or reasona"le in all matters relating to the deliver# and answering of interrogatories* the admission of documents and facts* and the discover#* inspection* production* impounding and return of documents or other material o"3ects produci"le as evidence '"( issue summonses to persons whose attendance is re5uired either to give evidence or to produce documents or such other o"3ects as aforesaid 'c( order an# fact to "e proved "# affidavit. 0&. )he provisions in sections .?* .- and .+ shall appl# to summonses to give evidence or to produce documents or other material o"3ects. 0.. )he Court ma# compel the attendance of an# person to whom a summons has "een issued under section 0, and for that purpose ma#% 'a( issue a warrant for his arrest '"( attach and sell his propert# 'c( impose a fine upon him not exceeding /two thousand2 rupees 'd( order him to furnish securit# for his appearance and in default commit him to /K..2 prison. *()+M#NT AN) )#C"##
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00. )he Court. after the case has "een heard* shall pronounce 3udgment* and on such 3udgment a decree shall follow. %NT#"#'T 06.%'&( Where and in so far as a decree is for the pa#ment of mone#* the Court ma#* in the decree* order interest at such rate as the Court deems reasona"le to "e paid on the principal sum ad3udged* from the date of the suit to the date of the decree* in addition to an# interest ad3udged on such principal sum for an# period prior to the institution of the suit* with further interest at such rate as the Court deems reasona"le on the aggregate sum so ad3udged* from the date of the decree to the date of pa#ment* or to such earlier date as the Court thin1s fit. '.( Where such a decree is silent with respect to the pa#ment of further interest on such aggregate sum as aforesaid from the date of the decree to the date of pa#ment or other earlier date* the Court shall "e deemed to have refused such interest* and a separate suit therefore shall not lie. 0/06.A*%'lC( Where the Court is of opinion that a suit was instituted with intent to avoid the pa#ment of an# pu"lic dues pa#a"le "# the plaintiff or on his "ehalf* the Court ma#* while dismissing such suit* ma1e an order for pa#ment of interest onC such pu"lic dues at the rate* of two per cent. a"ove the prevailing "an1 rate. '.( Where the Court is of opinion that the recover# of an# pu"lic dues from the plaintiff was un3ustified* the Court ma#* while disposing of the suit* ma1e an order for pa#ment of interest on the amount recovered at the rate of two per cent.* a"out the prevailing "an1 rate. #,-la.atio./ %. t is sectio./ 'a( 4"an1 rate4 means the "an1 rate determined and made pu"lic under the provisions of the State Ian1 of Pa1istan Act* &+;7 '999!!! of &+;7( and '"( 4pu"lic dues4 includes the dues of an# "an1 owned "# the <ederal =overnment or of an# corporation or underta1ing owned or controlled "# the <ederal =overnment or a Provincial =overnment or of an# local authorit#.2 /06.I. Where and in so far as a decree is for pa#ment of mone# due to a "an1ing compan# in repa#ment of a loan advanced "# it* the Court shall* in the decree* provide for interest or return* as the case ma# "e* on the 3udgment de"t from the date of decree till pa#ment% 'a( !n the case of interest%"earing loans* for interest at the contracted rate or at the rate of two percent a"ove the "an1 rate* whichever is the higher
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'"( !n the case of loans given on the "asis of mar1up in price* lease* hire%purchase or service charges* for the contracted rate of mar1%up* rental* hire or service charges* as the case ma# "e* or at the latest rate of the "an1ing compan# for similar loans* whichever is the higher and 'c( in the case of loans given on the "asis of participation in profit and loss* for return at such rate* not "eing less than the annual rate of profit for the preceding six months paid "# the "an1ing compan# on term deposits of six months* accepted "# it on the "asis of participation in profit and loss* as the Court ma# consider 3ust and reasona"le in the circumstances of the case* 1eeping in view the profit%sharing agreement entered into "etween the "an1ing compan# and the 3udgment%de"tor when the loan was contracted. Explanation.%'&( !n this section in clause 'a(* 4"an1 rate4 has the same meaning as in section 06%A2. C8S)S 0;.%'l( Su"3ect to such conditions and limitations as ma# "e prescri"ed* and to the provisions of an# law for the time "eing in force* the costs of an incident to all suits shall "e in the discretion of the Court* and the Courts shall have full power to determine "# whom or out of what propert# and to what extent such costs are to "e paid* and to give all necessar# directions for the purposes aforesaid. )he fact that the Court has no 3urisdiction to tr# the suit shall "e no "ar to the exercise of such powers. '.( Where the Court directs that an# costs shall not follow the event* the Court shall state its reasons in writing. '0( )he Courts ma# give interest on costs at an# rate not exceeding six percent per annum* and such interest shall "e added to the Costs and shall "e recovera"le as such. /0;%A.%'l( !f in an# suit or other proceeding ./including an execution proceeding(2* not "eing an appeal* an# part# o"3ects to the claim or defence on the ground that the claim or defence or an# part of it is* as against the o"3ector* false or vexatious to the 1nowledge of the part# "# whom it has "een put forward* and if thereafter* as against the o"3ector* such claim or defence is disallowed* a"andoned or withdrawn in whole or in part* the. Court* if the o"3ection has "een ta1en at the earliest opportunit# and if it is satisfied of the 3ustice thereof* ma#* after recording its reasons for holding such claim or defence to "e false or vexatious* ma1e an order for the pa#ment to the o"3ector "# the part# "# whom such claim or defence has "een put forward* of costs "# wa# of compensation. '.( Fo Court shall ma1e an# such order for the pa#ment of an amount exceeding 0/twent# five thousand2 rupees or exceeding the limits of its pecuniar# 3urisdiction* whichever amount is less
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Provided that where the pecuniar# limits of the 3urisdiction of an# Court exercising the 3urisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act* &--?* and not "eing a Court constituted under that Act are less than two hundred and fift# rupees* the High Court ma# empower such Court to award as costs under this section an# amount not exceeding two hundred and fift# rupees and not exceeding those limits "# more than one hundred rupees$ Provided further* that the High Court ma# limit the amount which an# Court or class of Courts is empowered to award as costs under this section. '0( Fo person against whom an order has "een made under this section shall* "# reason thereof* "e exempted from an# criminal lia"ilit# in respect of an# claim or defence made "# him. '6( )he amount of an# compensation awarded under this section in respect of a false or vexatious claim or defence shall "e ta1en into account in an# su"se5uent suit for damages or compensation in respect of such claim or defence.2 %%%%%%%%%%%%%%%%%%%% PAR) !! E9ECE)!8F =EFERA@ 07. )he provisions of this Code relating to the execution of decrees shall* so far as the# are applica"le* "e deemed to appl# to the execution of orders. 0?. )he expression 4Court which passed a decree4 or words to that effect* shall* in relation to the execution of decrees unless there is an#thing repugnant in the su"3ect or context* "e deemed to include* % 'a( Where the decree to "e executed has "een passed in the exercise of appellate 3urisdiction* the first instance* and '"( Where the Court of first instance has ceased to exist or to have 3urisdiction to execute it* the Court which* if the suit wherein the decree was passed was instituted at the time of ma1ing the application for the execution of the decree* would have 3urisdiction to tr# such suit. 0-. A decree ma# "e executed either "# the Court which passed it* or "# the Court to which it is sent for execution.
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0+.%'l( )he Court which passed a decree ma#* on the application of the decree%holder* send it for execution to another Court 'a( if the person against whom the decree is passed actuall# and voluntaril# resides or carries on "usiness* or personall# wor1s for gain* within the local limits of the 3urisdiction of such other Court* or '"( if such person has not propert# within the @ocal limits of the 3urisdiction of the Court which passed the decree sufficient to satisf# such decree and has propert# within the local limits of the 3urisdiction of such other Court* or 'c( if the decree directs the sale or deliver# of immova"le propert# situate outside the local limits of the 3urisdiction of the Court which passed it or 'd( if the Court which passed the decree considers for an# other reason* which it shall record in writing* that the decree should "e executed "# such other Court. '.( )he Court which passed a decree ma# of its own motion it for execution to an# su"ordinate Court of competent )ransfer of decree to Court in another Province. Result of execution proceedings to "e certified. 6,. Where a decree is sent for execution in another Province* it shall "e sent to such Court and executed in such manner as ma# "e prescri"ed "# rules in force in that Province. 6&. )he Court to which a decree is sent for execution shall certif# to the Court which passed it the fact of such execution* or where the former Court fails to execute the same the circumstances attending such failure. 6..%&/'&(2 )he Court executing a decree sent to it shall have the same powers in executing such decree as if it had "een passed Court in "# itself. All persons diso"e#ing or o"structing the execution of the decree shall "e punisha"le "# such Court in the same manner ac if it had passed the decree. And its order in executing such decree shall "e su"3ect to the same rules in respect of appeal as if the decree had "een passed "# itself. '.( Without pre3udice to the generalit# of the foregoing provision* the Court executing a decree sent to it shall have the following powers* namel#$% 'a( power under section 0+ to transfer the decree to another Court* if necessar# '"( power under su"section '&( of section ;, to permit execution to proceed against the legal representatives of a deceased 3udgment%de"tor 'c( power under section &;. to correct clerical or arithmetical errors 'd( power under rule &7 of 8rder 99! to recogniBe the assignment of a decree 'e( power under su"%rule '.( of rule ;, of 8rder 99! to grant leave to a decree%holder to proceed against a person not alread# recogniBed as a partner in a firm in an execution proceeding against the firm
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'f( power under clause '"( of su"%rule '&( of rule ;0 of 8rder 99! to give notice of attachment of decree passed "# another Court.2 60. An# decree passed "# a civil Court esta"lished in an# ./area2 in 0/Pa1istan2 to which the provisions relating to execution do not extend /KKKKK..2 ma#* lilt cannot he executed within the 3urisdiction of the Court "# which it was passed* "e executed in manner herein provided within the 3urisdiction of an# Court in ;/Pa1istan2. 66.%/8mitted "# 8rdinance '.? of &+-&(* Second Sched.* item 67';(2. ;'66.A.%'&( Where a certified cop# of a decree of an# of the superior Courts of the Enited Hingdom or an# reciprocating territor# has "een filed in a :istrict Court* the decree ma# "e executed in 0/Pa1istan2 as if it had "een passed "# the :istrict Court. '.( )ogether with the certified cop# of the decree shall "e filed a certificate from such superior Court stating the extent* if an#* to which the decree has "een satisfied or ad3usted and such certificate shall* for the purposes of proceedings under this section* "e conclusive proo& of the extent of such satisfaction or ad3ustment. '0( )he provisions of section 6? shall as from the filing of the certified cop# of the decree appl# to the proceedings of a :istrict Court executing a decree under this section* and the :istrict Court shall refuse execution of an# such decree* if it is shown to the satisfaction of the Court that the decree falls within an# of the exceptions specified in clauses 'a( to 'f( of section &0. Explanation &.%4Superior Court4 withC reference to the Enited Hingdom* means the High Court in England* the Court of Session in Scotland* the High Court in Forthern !reland* the Court of Chancer# of the Count# Palatine of @ancaster and the Court of Chancer# of the Count# Palatine of :urham. Explanation ..%C6Reciprocating territor#4 means &/the Enited Hingdom and such other countr# or territor# as2 the 0/Central =overnment( ma#* from time to time* "# notification in the 0/official =aBette2* declare /to "e reciprocating territor# for the purposes of this section and 4superior Courts4* with reference to an# such territor#* means such Courts as ma# "e specified in the said notification. Explanation 0.%.4:ecree4* with reference to a superior Court* means an# decree or 3udgment of such Court under which a sum of mone# is pa#a"le* not "eing a sum pa#a"le in respect of taxes or other charges of a li1e nature or in respect of a fine or other penalt#* and 'a( With reference to superior Courts in the Enited Hingdom* includes 3udgments given and decrees made in an# Court in appeals against * such decrees or 3udgments* "ut '"( !n no case includes an ar"itration award* even if such award is enforcea"le as a decree or 3udgment.2
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6;. Execution of decrees in foreign territor#.%/8mitted "# 8rdinance '.? of &+-&(* Second Sched.* item 67';( 2. 67.%'l( Epon the application of the decree%holder the Court which passed the decree ma#* whenever it thin1s fit* issue a precept to an# other Court which would "e competent to execute such decree to attach an# propert# "elonging to the 3udgment%de"tor and specified in the precept. '.( )he Court to which a precept is sent shall proceed to attach the propert# in the manner prescri"ed in regard to the attachment of propert# in execution of a decree$ Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended "# an order of the Court which passed the decree or unless "efore the determination of such attachment the decree has "een transferred to the Court "# which the attachment has "een made and the decree%holder has applied for an order for the sale of such propert#. 0(#'T%ON' TO 1# )#T#"M%N#) 1& CO("T #2#C(T%N+ )#C"## 6?.%'l( All 5uestions arising "etween the parties to the suit in which the decree was passed* or their representatives* and relating to the execution* discharge or satisfaction of the decree* shall "e determined "# the Court executing the decree and not "# a separate suit. '.( )he Court ma#* su"3ect to an# o"3ection as to limitation or 3urisdiction* treat a proceeding under this section as a suit or a suit as a proceeding and ma#* if necessar#* order pa#ment of an# additional court%fees. '0( Where a 5uestion arises as to whether an# person is or is representative of a part#* such 5uestion shall* for the purpose of this section* "e determined "# the Court. Explanation.% <or the purposes of this section* a plaintiff whose suit has "een dismissed and a defendant against whom a suit has "een dismissed* are parties to the suit. $%M%T OF T%M# FO" #2#C(T%ON &6-....'&( Where an application to execute a decree not "eing a decree granting an in3unction has "een made* no order for the execution of the same decree shall "e made upon an# fresh application presented after the expiration of /six2 #ears from. 'a( the date of the decree sought to "e executed* or '"( where the decree or an# su"se5uent order directs an# pa#ment of mone# or the
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deliver# of an# propert# to "e made at a certain date or at recurring periods* the date of the default in ma1ing the pa#ment or deliver# in respect of which the applicant see1s to execute the decree. '.( Fothing in this section shall "e deemed% 'a( to preclude the Court from ordering the execution of a decree upon an application presented after the expiration of the said term of C/six2 #ears* where the 3udgment%de"tor has* "# fraud or force* prevented the execution of the decree at some time within /six2 #ears immediatel# "efore the date of the application or '"( to limit or otherwise affect the operation of article ./-0 of the <irst Schedule to the @imitation Act* &+,-2. )RAFS<ER <EES AF: @E=A@ REPRESEF)A)!DES$ 6+. Ever# transferee of a decree shall "old the same su"3ect to the e5uities 'if an#( which the 3udgment%de"tor might have enforced against the original decree%"older. ;,.%'l( Where a 3udgment%de"tor dies "efore the decree has "een full# satisfied the holder of the decree ma# appl# to the Court which passed it to execute the same against the legal Representative of the deceased. '.( Where the decree is executed against such legal representative* he shall "e lia"le onl# to the extent of the propert# of the deceased which has come to his hands and has not "een dut# disposed of and* for the purpose of ascertaining such lia"ilit#* the Court executing the decree ma#* of its own motion or on the application of the decree holder* compel such legal Representative to produce such accounts as it thin1s fit. P"OC#)("# %N #2#C(T%ON ;&.%Su"3ect to such conditions and limitations as ma# "e prescri"ed* the Court ma#* on the application of the decree%holder order execution of the decree% 'a( "# deliver# of an# propert# specificall# decreed '"( "# attachment and sale or "# sale without attachment of an# propert# 'c( "# arrest and detention in prison 'd( "# appointing a receiver or 'e( in such other manner as the nature of the relief granted ma# re5uire.
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/Provided that ./>>>2 execution "# detention in prison shall not "e ordered unless* after giving the 3udgment de"tor an opportunit# of showing cause wh# he should not "e committed to prison* the Court* for reasons recorded in writing* is satisfied$% 'a( that the 3udgment%de"tor* with the o"3ect or effect of o"structing or dela#ing the execution of the decree*%. 'i( is li1el# to a"scond or leave the local limits of the 3urisdiction of the Court or 'ii( has* after the institution of the decree was passed* dishonestl# transferred* concealed* or removed an# part committed an# other act of to his propert# or '"( that the 3udgment%de"tor has* or has had date of the decree* the means to pa# the decree or some su"stantial part thereof or neglects or has refused or neglected same or 'c( that the decree is for a sum for which the 3udgment de"tor was "ound in a fiduciar# capacit# to account. Explanation % !n the calculation of the means of the 3udgment%de"tor for the purposes of clause '"(* there shall "e left out of account an# propert# which "# or under an# law or custom having the force of &Lw for the time "eing in force* is exempt from attachment in execution of the decree2. ;..%'l( Where a decree is passed against a part# as the legal representative of a deceased person* and the decree is for the pa#ment of mone# out of the propert# of the deceased* it ma# "e executed "# the attachment and sale of an# such propert#. '.( Where no such propert# remains !n the possession of the 3udgment%de"tor and he fails to satisf# the Court that he has dul# applied such propert# of the deceased as is proved to have come into his possession* the decree ma# "e executed against the 3udgment de"tor to the extent of the propert# in respect of which he has failed so to satisf# the Court in the same manner as if the# decree had "een against him personall#. ;0. <or the purposes of section ;, and section ;.* propert# in the hands of a son or other descendant which is lia"le under Hindu law for the pa#ment of the de"t* of a deceased ancestor* in respect of which a decree has "een passed* shall "e deemed to "e propert# of the deceased which has come to the hands of the son or other descendant as his legal representative. A ;6. Where the decree is for the partition of an undivided estate assessed to the pa#ment of revenue to C/the C/=overnment2( or for the separate possession of a share of such as estate* the partition of the estate or the separation of the share shall "e made "# the Collector or an# gaBetted su"ordinate of the Collector deputed "# him in this "ehalf* in accordance
&+
with the law 'if an#( for the time "eing in force relating to the partition* or the separate possession of shares* of such estates.
A""#'T AN) )#T#NT%ON ;;.%%'l( A 3udgment%de"tor ma# "e arrested in execution of a decree at an# hour and on an# da#* and shall* as soon as practica"le* "e "rought "efore the Court 0/which ma# ma1e an order for his detention in prison to suffer simple imprisonment for a period not exceeding one #ear 2 Provided* firstl#* that* for the purpose of ma1ing an arrest under this section* no dwelling house shall "e entered after sunset and "efore sunrise Provided* secondl#* that no outer%door of a dwelling%house shall "e "ro1en open unless such dwelling%house is in the occupanc# of the 3udgment%de"tor and he refuses or in an# wa# present access thereto* "ut when the officer authoriBed to ma1e the arrest has dul# gained access to an# dwelling%house* he ma# "rea1 open the door of an# room in which "e has reason to "elieve the 3udgment%de"tor is to "e found Provided* thirdl#* that if the room ii in the actual occupanc# of a woman who is not the Judgement de"tor and who according to the customs of the countr# does not appear in pu"lic* the officer authoriBed to ma1e the arrest shall give notice to her that she is at li"ert# to withdraw* and* after allowing a reasona"le time for her to withdraw and giving her reasona"le facilit# for withdrawing* ma# enter the room for the purpose of ma1ing the arrest Provided fourthl#* that* where the decree in execution of which a 3udgment%de"tor is arrested* is a decree for the pa#ment of and the 3udgment%de"tor pa#s the amount of the decree and the costs of the arrest to the officer arresting him* such officer shall at once release him '.( )he l/Provincial =overnment2 ma# "# notification in the ./official =aBette2* declare that an# person or class of persons whose arrest might "e attended with danger or inconvenience to the pu"lic shall not "e lia"le to arrest in execution of a decree otherwise than in accordance with such procedure as ma# "e prescri"ed "# the /Provincial =overnment2 in this "ehalf. 0/'0( A 3udgment%de"tor detained in prison under su" section '&( shall not* merel# "# reason of undergoing such imprisonment* "e discharged from his lia"ilit# under the decree* "ut he shall not "e lia"le to "e re%arrested under the decree in execution of which he was so detained in prison.2
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;7. Fotwithstanding an#thing in this Part* the Court the arrest or detention in the 6/> >2 prison execution of a decree for the pa#ment of mone#. ;?. /> > > > > > >2 ;-. Ever# person detained in prison in execution of decree shall "e released from such detention* "efore the expir# of the period of detention* if% 'a( the amount mentioned in the warrant for his detention is paid to the officer in charge of the prison or '"( the decree against him is otherwise full# satisfied or 'c( the person on whose application he has "een detained so re5uests Provided that he shall not "e released from such detention without the order of the Court.2 ;+. /> > > > > > > >2 7,. '&( )he following propert# is lia"le to attachment and sale in execution of a decree* namel#* lands houses or other "uildings* goods* mone#* "an1%notes* che5ues* "ills of exchange* hundis* promissor# notes* =overnment securities* "onds or other securities for mone#* de"ts* shares in a corporation and* save as hereinafter mentioned* all 6other salea"le propert#* mova"le or immova"le* "elonging to the 3udgment%de"tor* or over which or the profits of which. "e has a disposing power which he ma# exercise for his own "enefit* whether the same "e held in the name of the 3udgment%de"tor or "# another person in trust of him or on his "ehalf$ Provided that the following particulars shall not "e lia"le to such attachment or sale* namel#$% 'a( the necessar# wearing%apparel* coo1ing vessels* "eds and "edding of the 3udgment% de"tor* his wife and children* and such personal ornaments as. in accordance with religious usage* cannot "e parted with an# woman '"( tools of artisans arid* where the 3udgment%de"tor is art agriculturist* his implements of hus"andr# and such cattle and seed%grain as ma#* in the opinion of the Court* "e necessar# to ena"le him to earn his livelihood as such* and such portion of agricultural produce* or of an# class of agricultural produce as ma# have "een declared to "e free from lia"ilit# under the provisions of the next following section 'c( houses and other "uildings 'with the materials ahd the siBes thereof and the land
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immediatel# appurtenant thereto and necessar# for their en3o#ment( "elonging to an agriculturist and cccupied "# him 'd( "oo1s of accounts 'e( a mere right to sue for damages 'f( an# right of personal service 'g( stipends and gratuities allowed to ./pensioners of the 0/=overnment2* or pa#a"le out of an# service famil# and the costs of the arrest to the officer arresting him* such office shall at once release him. 'h( the wages of la"ourers and domestic servants* whether pa#a"le in mone# or in 1ind 'l( Salar# to the extent of the first hundred rupees and one half the remainder Provided that where such salar# is the salar# of a 7/servant of the State2 or a servant of a railwa# ?> > > or local authorit# and the whole or an# part of the portion of such salar# lia"le to attachment has "een under attachment* whether continuousl# or intermittentl# for a total period of twent#%four months* such portion shall "e exempt from attachment until the expir# of a further period of twelve months and* where such attachment has "een made in execution of one and the same decree* shall "e finall# exempt from attachment in execution of that decree 2 '3( the pa# and allowances of persons to whom the -/Pa1istan Arm# Act* &+;.2* +> > >applies2. /or of persons other than commissioned officers to whom the &/Pa1istan Fav# 8rdinance* &+7& '999D of &+7&( applies2 '1( all compulsor# deposits and other sums in or derived from an# fund to which the Provident <unds Act /&+.;2* for the time "eing applies in so far as the# are declared "# the said Act not to "e lia"le to attachment 'l( an# allowance forming part of the emoluments of an# /servant of the State2 or of an# servant of a railwa# 6 > > > or local authorit# which the /appropriate =overnment2 ma# "# notification in the /official =aBette2 declare to "e exempt from attachment* and an# su"sistence grant or allowance made to ?/an# such servant2 while under suspension 'in( an expectanc# of succession "# survivorship or other* merel# contingent or possi"le right or interest 'n( A right to future maintenance 'o( An# allowance declared "# /an# Pa1istan law2 to "e exempt from lia"ilit# to attachment or sale in execution of a decree and
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'p( Where the 3udgment de"tor is a person lia"le for the pa#s merit of land revenue* an# mova"le propert# which* under an# law for the time "eing applica"le to him* is exempt from sale for the recover# of an arrear of such revenue. /Explanation &2 )he particulars mentioned in clauses 'g(* 'h(* 'i(* '3(* 'l( and 'o( are exempt from attachment or sale whether "efore or after the# are actuall# pa#a"le* /and in the case of salar# other than salar# of a /servant of the State2 or a servant of a railwa# & >>> or local authorit# the attacha"le portion thereof is exempt from attachment until it is actuall# pa#a"le2. ./Explanation ..%!n clauses 'h( and '&(* 4salar#4 means the total monthl# emoluments* excluding an# allowance declared exempt from attachment under the provisions of clause '&(* derived "# a person from his emplo#ment whether on dut# or on leave.2 0/Explanation 0 %.6, clause '!( 4appropriate =overnment4 means% 'i( As respects an# 6/person2 in the service of the =overnment* or an# servant /of railwa# or2 cantonment authorit# or the port authorit# of a port* the Central =overnment$ 'iii( As respects an# other ?/servant of the State2 or a servant of an# local authorit#* the Provincial =overnment2. '.( Fothing in this section shall "e deemed%. to exempt houses and other "uildings 'with the materials and the sites thereof and the lands immediatel# appurtenant thereto and necessar# for their en3o#ment( from attachment or sale in execution of decrees for rent of an# such house* "uilding* site or land* 7&. )he /Provincial =overnment2 > > ma#. "# general or special order pu"lished in the .fofficial =aBette2* declare that such portion of agricultural produce* or of an# class of agriculture produce* as ma# appear to the &,/Provincial =overnment2 to "e for the purpose of providing until the next harvest for the due cultivation of the land and for the support 3udgment%de"tor and his famil#* shall* in the case of all turists or of an# class of agriculturist "e exempted from to attachment or sale in execution of a decree. 7.. '&( Fo person executing an# process under this directing or authoriBing seiBure of mova"le propert# shall an# dw&diling.house after sunset and "efore sunrise. '.( Fo outer%door of a dwelling%house shall "e "ro1en open unlLss such dwelling%house is in the occupanc# of the 3udgment. de"tor and he refuses or in an# wa# prevents access thereto* "ut when the person executing an# such process has dul# gained access to an# dwelling%house* he ma# "rea1 open the door of an# room in which he has reason to "elieve an# such propert# to "e.
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'0( Where a room in a dwelling%house is in the actual occuo panc# of a woman who* according to the customs of the countr# does not appear in pu"lic* the person executing the process shall give notice to such woman that she is at li"ert# to withdraw and* after allowing reasona"le time for her to withdraw and giving her reasona"le facilit# for withdrawing* he ma# enter such room for the purpose* of seiBing the propert#* using at the same time ever# precaution* consistent with these provisions* to prevent its clandestine removal. 70.%6&( Where propert# not in the custod# of an# Court is under attachment in execution of decrees of more Courts than one* the Court which shall receive or realiBe such propert# and shall determine an# claim thereto and an# o"3ection to the attachment thereof shall "e the Court of highest grade* or* where there is no difference in grade "etween such Courts* the Court under whose decree the propert# was first attached. '.( Fothing in this section shall "e deemed to invalidate an# proceeding ta1en "# a Court executing one of such decrees. 76. Where an attachment has "een made* an# private transfer or deliver# of the propert# attached or of an# interest therein and an# pa#ment to the 3udgment%de"tor of an# de"t* dividend or other monies contrar# to such attachment* shall "e void as against all claims enforcea"le under the attachment. Explanation$ <or the purposes of this section* claims enforce under an attachment include claims for the ratea"le distri"ution of assets. 7;. Where immova"le propert# is sold in execution of a decree and such sale has "ecome a"solute* the propert# shall "e deemed to have vested in the purchaser from the time when the propert# is sold and not from the time when the sale "ecomes a"solute. 77. 'l( Fo suit shall "e maintained against an# person claiming title under a purchase certified "# the Court in such manner as ma# "e prescri"ed on the ground that the purchase was made on "ehalf of the plaintiff or on "ehalf of some one through whom the plaintiff claims. '.( Fothing in this section shall "ar a suit to o"tain a declaration that the name of an# purchaser certified as aforesaid was inserted in the certificate fraudulentl# or without the consent of the real purchaser* or interfere with the right of a third person to proceed against that propert#* though ostensi"l# sold to the certified purchaser* on the ground that it is lia"le to satisf# a claim of such third person against the real owner* 7?.%%Ml( )he ./Provincial =overnment2 ma# "# notification in the 6fothcial =aBette2* ma1e rules for an# local area imposing conditions in respect of the sale of an# class of
.6
interest in land in executing of decrees for the pa#ment of mone#* where such interests are so uncertain or undetermined as in the opinion of the ./Provincial =overnment2* to ma1e it impossi"le to fix their value. /'.( When on the date on which this Code came into operation in an# local area* an# special rules as to sale of land in execution of decrees were in force therein* the ./Provincial =overnment2 ma#* "# notification in the 6/official =aBette2 declare such rules to "e in force* or ma#* "# a li1e notification* modif# the same. Ever# notification issued in the exercise of the powers conferred "# this su"section shall set out the rules so continued or modified2 )#$#+AT%ON TO CO$$#CTO" OF PO3#" TO #2#C(T# )#C"##' A+A%N'T %MMOVA1$# P"OP#"T& 7-. )he ./Provincial =overnment2 ma# declare "# notification in the 6/official =aBette2 that in an# local area the execution of decrees in cases in which a Court has ordered an# immova"le propert# to "e sold* or the execution of an# particular 1ind of such decrees* or the execution of decrees ordering the sale of an# particular 1ind of* or interest in immova"le propert#* shall "e transferred to the Collector. 7+. )he provisions set forth in the )hird Schedule shall appl# to all cases in which the execution of a decree has "een transferred under the last preceding section. ?,. 'l( )he ./Provincial =overnment2 ma# ma1e rules consistent with the aforesaid provisions% 'a( for the transmission of the decree from the Court to the Collector* and for regulating the procedure of the Collector and his su"ordinates in executing the same* and for re% transmitting the decree from the Collector to the Court 'd( I# appointing a receiver or 'e( !n such other manner as the nature of the relief granted ma# re5uire. /Provided that ./>>>2 execution "# detention in prison shall not "e ordered unless* after giving the 3udgment de"tor an opportunit# of showing cause wh# he should not "e committed to prison* the Court* for reasons recorded in writing* is satisfied$% 'a( that the 3udgment%de"tor* with the o"3ect or effect of o"structing or dela#ing the execution of the decree*%. 'i( is li1el# to a"scond or leave the local limits of the 3urisdiction of the Court or
.;
'ii( has* after the institution of the decree was passed* dishonestl# transferred* concealed* or removed an# part committed an# other act of to his propert# or '"( that the 3udgment%de"tor has* or has had date of the decree* the means to pa# the decree or some su"stantial part thereof or neglects or has refused or neglected same or 'c( that the decree is for a sum for which the 3udgment de"tor was "ound in a fiduciar# capacit# to account. Explanation % !n the calculation of the means of the 3udgment%de"tor for the purposes of clause '"(* there shall "e left out of account an# propert# which "# or under an# law or custom having the force of &Lw for the time "eing in force* is exempt from attachment in execution of the decree2. ;..%'l( Where a decree is passed against a part# as the legal representative of a deceased person* and the decree is for the pa#ment of mone# out of the propert# of the deceased* it ma# "e executed "# the attachment and sale of an# such propert#. '.( Where no such propert# remains !n the possession of the 3udgment%de"tor and he fails to satisf# the Court that he has dul# applied such propert# of the deceased as is proved to have come into his possession* the decree ma# "e executed against the 3udgment de"tor to the extent of the propert# in respect of which he has failed so to satisf# the Court in the same manner as if the# decree had "een against him personall#. ;0. <or the purposes of section ;, and section ;.* propert# in the hands of a son or other descendant which is lia"le under Hindu law for the pa#ment of the de"t* of a deceased ancestor* in respect of which a decree has "een passed* shall "e deemed to "e propert# of the deceased which has come to the hands of the son or other descendant as his legal representative. A ;6. Where the decree is for the partition of an undivided estate assessed to the pa#ment of revenue to C/the C/=overnment2( or for the separate possession of a share of such as estate* the partition of the estate or the separation of the share shall "e made "# the Collector or an# gaBetted su"ordinate of the Collector deputed "# him in this "ehalf* in accordance with the law 'if an#( for the time "eing in force relating to the partition* or the separate possession of shares* of such estates.
A""#'T AN) )#T#NT%ON ;;.%%'l( A 3udgment%de"tor ma# "e arrested in execution of a decree at an# hour and on an# da#* and shall* as soon as practica"le* "e "rought "efore the Court 0/which ma# ma1e
.7
an order for his detention in prison to suffer simple imprisonment for a period not exceeding one #ear 2 Provided* firstl#* that* for the purpose of ma1ing an arrest under this section* no dwelling house shall "e entered after sunset and "efore sunrise Provided* secondl#* that no outer%door of a dwelling%house shall "e "ro1en open unless such dwelling%house is in the occupanc# of the 3udgment%de"tor and he refuses or in an# wa# present access thereto* "ut when the officer authoriBed to ma1e the arrest has dul# gained access to an# dwelling%house* he ma# "rea1 open the door of an# room in which "e has reason to "elieve the 3udgment%de"tor is to "e found Provided* thirdl#* that if the room ii in the actual occupanc# of a woman who is not the Judgement de"tor and who according to the customs of the countr# does not appear in pu"lic* the officer authoriBed to ma1e the arrest shall give notice to her that she is at li"ert# to withdraw* and* after allowing a reasona"le time for her to withdraw and giving her reasona"le facilit# for withdrawing* ma# enter the room for the purpose of ma1ing the arrest Provided fourthl#* that* where the decree in execution of which a 3udgment%de"tor is arrested* is a decree for the pa#ment of mone# and the 3udgment%de"tor pa#s the amount of the decree and the costs of the arrest to the officer arresting him* such officer shall at once release him '.( )he l/Provincial =overnment2 ma# "# notification in the ./official =aBette2* declare that an# person or class of persons whose arrest might "e attended with danger or inconvenience to the pu"lic shall not "e lia"le to arrest in execution of a decree otherwise than in accordance with such procedure as ma# "e prescri"ed "# the /Provincial =overnment2 in this "ehalf. 0/'0( A 3udgment%de"tor detained in prison under su" section '&( shall not* merel# "# reason of undergoing such imprisonment* "e discharged from his lia"ilit# under the decree* "ut he shall not "e lia"le to "e re%arrested under the decree in execution of which he was so detained in prison.2 7&. Fotwithstanding an#thing in this Part* the Court the arrest or detention in the 6/> >2 prison execution of a decree for the pa#ment of mone#. 7.. /> > > > > > >2 70. Ever# person detained in prison in execution of decree shall "e released from such detention* "efore the expir# of the period of detention* if% 'a( the amount mentioned in the warrant for his detention is paid to the officer in charge of the prison or
.?
'"( the decree against him is otherwise full# satisfied or 'c( the person on whose application he has "een detained so re5uests Provided that he shall not "e released from such detention without the order of the Court.2 76. /> > > > > > > >2 7;. '&( )he following propert# is lia"le to attachment and sale in execution of a decree* namel#* lands houses or other "uildings* goods* mone#* "an1%notes* che5ues* "ills of exchange* hundis* promissor# notes* =overnment securities* "onds or other securities for mone#* de"ts* shares in a corporation and* save as hereinafter mentioned* all 6other salea"le propert#* mova"le or immova"le* "elonging to the 3udgment%de"tor* or over which or the profits of which. "e has a disposing power which he ma# exercise for his own "enefit* whether the same "e held in the name of the 3udgment%de"tor or "# another person in trust of him or on his "ehalf$ Provided that the following particulars shall not "e lia"le to such attachment or sale* namel#$% 'a( the necessar# wearing%apparel* coo1ing vessels* "eds and "edding of the 3udgment% de"tor* his wife and children* and such personal ornaments as. in accordance with religious usage* cannot "e parted with an# woman '"( tools of artisans arid* where the 3udgment%de"tor is art agriculturist* his implements of hus"andr# and such cattle and seed%grain as ma#* in the opinion of the Court* "e necessar# to ena"le him to earn his livelihood as such* and such portion of agricultural produce* or of an# class of agricultural produce as ma# have "een declared to "e free from lia"ilit# under the provisions of the next following section 'c( houses and other "uildings 'with the materials ahd the siBes thereof and the land immediatel# appurtenant thereto and necessar# for their en3o#ment( "elonging to an agriculturist and cccupied "# him 'd( "oo1s of accounts 'e( a mere right to sue for damages 'f( an# right of personal service
.-
'g( stipends and gratuities allowed to ./pensioners of the 0/=overnment2* or pa#a"le out of an# service famil# and the costs of the arrest to the officer arresting him* such office shall at once release him. 'i( the wages of la"ourers and domestic servants* whether pa#a"le in mone# or in 1ind 'l( Salar# to the extent of the first hundred rupees and one half the remainder Provided that where such salar# is the salar# of a 7/servant of the State2 or a servant of a railwa# ?> > > or local authorit# and the whole or an# part of the portion of such salar# lia"le to attachment has "een under attachment* whether continuousl# or intermittentl# for a total period of twent#%four months* such portion shall "e exempt from attachment until the expir# of a further period of twelve months and* where such attachment has "een made in execution of one and the same decree* shall "e finall# exempt from attachment in execution of that decree 2 '1( the pa# and allowances of persons to whom the -/Pa1istan Arm# Act* &+;.2* +> > >applies2. /or of persons other than commissioned officers to whom the &/Pa1istan Fav# 8rdinance* &+7& '999D of &+7&( applies2 '1( all compulsor# deposits and other sums in or derived from an# fund to which the Provident <unds Act /&+.;2* for the time "eing applies in so far as the# are declared "# the said Act not to "e lia"le to attachment 'l( an# allowance forming part of the emoluments of an# /servant of the State2 or of an# servant of a railwa# 6 > > > or local authorit# which the /appropriate =overnment2 ma# "# notification in the /official =aBette2 declare to "e exempt from attachment* and an# su"sistence grant or allowance made to ?/an# such servant2 while under suspension 'in( an expectanc# of succession "# survivorship or other* merel# contingent or possi"le right or interest 'n( A right to future maintenance 'o( An# allowance declared "# /an# Pa1istan law2 to "e exempt from lia"ilit# to attachment or sale in execution of a decree and 'p( Where the 3udgment de"tor is a person lia"le for the pa#s merit of land revenue* an# mova"le propert# which* under an# law for the time "eing applica"le to him* is exempt from sale for the recover# of an arrear of such revenue. /Explanation &2 )he particulars mentioned in clauses 'g(* 'h(* 'i(* '3(* 'l( and 'o( are exempt from attachment or sale whether "efore or after the# are actuall# pa#a"le* /and in the case of salar# other than salar# of a /servant of the State2 or a servant of a railwa# &
.+
>>> or local authorit# the attacha"le portion thereof is exempt from attachment until it is actuall# pa#a"le2. ./Explanation ..%!n clauses 'h( and '&(* 4salar#4 means the total monthl# emoluments* excluding an# allowance declared exempt from attachment under the provisions of clause '&(* derived "# a person from his emplo#ment whether on dut# or on leave.2 0/Explanation 0 %.6, clause '!( 4appropriate =overnment4 means% 'i( As respects an# 6/person2 in the service of the =overnment* or an# servant /of railwa# or2 cantonment authorit# or the port authorit# of a port* the Central =overnment$ 'iii( As respects an# other ?/servant of the State2 or a servant of an# local authorit#* the Provincial =overnment2. '.( Fothing in this section shall "e deemed%. to exempt houses and other "uildings 'with the materials and the sites thereof and the lands immediatel# appurtenant thereto and necessar# for their en3o#ment( from attachment or sale in execution of decrees for rent of an# such house* "uilding* site or land* 7&. )he /Provincial =overnment2 > > ma#. "# general or special order pu"lished in the .fofficial =aBette2* declare that such portion of agricultural produce* or of an# class of agriculture produce* as ma# appear to the &,/Provincial =overnment2 to "e for the purpose of providing until the next harvest for the due cultivation of the land and for the support 3udgment%de"tor and his famil#* shall* in the case of all turists or of an# class of agriculturist "e exempted from to attachment or sale in execution of a decree. 7.. '&( Fo person executing an# process under this directing or authoriBing seiBure of mova"le propert# shall an# dw&diling.house after sunset and "efore sunrise. '.( Fo outer%door of a dwelling%house shall "e "ro1en open unless such dwelling%house is in the occupanc# of the 3udgment. de"tor and he refuses or in an# wa# prevents access thereto* "ut when the person executing an# such process has dul# gained access to an# dwelling%house* he ma# "rea1 open the door of an# room in which he has reason to "elieve an# such propert# to "e. '0( Where a room in a dwelling%house is in the actual occupanc# of a woman who* according to the customs of the countr# does not appear in pu"lic* the person executing the process shall give notice to such woman that she is at li"ert# to withdraw and* after allowing reasona"le time for her to withdraw and giving her reasona"le facilit# for withdrawing* he ma# enter such room for the purpose* of seiBing the propert#* using at the same time ever# precaution* consistent with these provisions* to prevent its clandestine removal. 70.%6&( Where propert# not in the custod# of an# Court is under attachment in execution
0,
of decrees of more Courts than one* the Court which shall receive or realiBe such propert# and shall determine an# claim thereto and an# o"3ection to the attachment thereof shall "e the Court of highest grade* or* where there is no difference in grade "etween such Courts* the Court under whose decree the propert# was first attached. '.( Fothing in this section shall "e deemed to invalidate an# proceeding ta1en "# a Court executing one of such decrees. 76. Where an attachment has "een made* an# private transfer or deliver# of the propert# attached or of an# interest therein and an# pa#ment to the 3udgment%de"tor of an# de"t* dividend or other monies contrar# to such attachment* shall "e void as against all claims enforcea"le under the attachment. Explanation$ <or the purposes of this section* claims enforce under an attachment include claims for the ratea"le distri"ution of assets. 7;. Where immova"le propert# is sold in execution of a decree and such sale has "ecome a"solute* the propert# shall "e deemed to have vested in the purchaser from the time when the propert# is sold and not from the time when the sale "ecomes a"solute. 77. 'l( Fo suit shall "e maintained against an# person claiming title under a purchase certified "# the Court in such manner as ma# "e prescri"ed on the ground that the purchase was made on "ehalf of the plaintiff or on "ehalf of some one through whom the plaintiff claims. '.( Fothing in this section shall "ar a suit to o"tain a declaration that the name of an# purchaser certified as aforesaid was inserted in the certificate fraudulentl# or without the consent of the real purchaser* or interfere with the right of a third person to proceed against that propert#* though ostensi"l# sold to the certified purchaser* on the ground that it is lia"le to satisf# a claim of such third person against the real owner* 7?.%%Ml( )he ./Provincial =overnment2 ma# "# notification in the 6fothcial =aBette2* ma1e rules for an# local area imposing conditions in respect of the sale of an# class of interest in land in executing of decrees for the pa#ment of mone#* where such interests are so uncertain or undetermined as in the opinion of the ./Provincial =overnment2* to ma1e it impossi"le to fix their value. /'.( When on the date on which this Code came into operation in an# local area* an# special rules as to sale of land in execution of decrees were in force therein* the ./Provincial =overnment2 ma#* "# notification in the 6/official =aBette2 declare such rules to "e in force* or ma#* "# a li1e notification* modif# the same.
0&
Ever# notification issued in the exercise of the powers conferred "# this su"section shall set out the rules so continued or modified2 )#$#+AT%ON TO CO$$#CTO" OF PO3#" TO #2#C(T# )#C"##' A+A%N'T %MMOVA1$# P"OP#"T& ?&. )he ./Provincial =overnment2 ma# declare "# notification in the 6/official =aBette2 that in an# local area the execution of decrees in cases in which a Court has ordered an# immova"le propert# to "e sold* or the execution of an# particular 1ind of such decrees* or the execution of decrees ordering the sale of an# particular 1ind of* or interest in immova"le propert#* shall "e transferred to the Collector. '0( Fothing in this section affects an# right of /the ./=overnment2. RES!S)AFCE )8 E9ECE)!8F /?6.%'l( Where the Court is satisfied that the holder of a decree for the possession of propert# or a purchaser of propert# sold in execution of a decree has "een resisted or o"structed in o"taining possession of the propert# "# the 3udgment%de"tor or an# other person on his "ehalf and that such resistance or o"struction was without an# 3ust cause* the Court ma#* at the instance of the decree holder or the purchaser* order the 3udgment% de"tor or such other person to undergo simple imprisonment for a term which ma# extend to thirt# da#s and ma# further direct that the decree%holder or the purchaser "e put into possession of the propert#. '.( Fotwithstanding an#thing contained in su"section '&(* where a 3udgment%de"tor or m# other person resists or o"structs the execution of a decree* the Court ma# direct the officer in charge of the police%station within whose 3urisdiction the 3udgment%de"tor or such other person resides or where the propert# to which the decree relates is situate to provide* the necessar# police assistance for the execution of the decree.2 !FC!:EF)A@ PR8CEE:!F=S C8AA!SS!8FS ?;.Su"3Nctto such conditions .and limitations as ma#. "e prescri"ed the Court ma# issue a commission%.. 'a(to examine an# person '"(to ma1e a local investigation 'c(to examine or ad3ust accounts or 'd(to ma1e a partition.
0.
?7. '&( A commission for the examination of an# person Commiss&onL ma# "e issued to an# Court 'not "eing a High Court( situate in a Province other than Province in which the Court of issue is situate and having 3urisdiction in the place in which the person to "e examined resides. '.(Ever# Court receiving a commission for the examination of an# person under su"section '&( shall examine him or cause him to "e examined pursuant thereto* and the commission* when it has "een dul# executed* shall "e returned together with the evidence ta1en 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 "e returned in terms of such order. ??. !n lieu of issuing a commission the Court ma# issue a @etter ofL letter of re5uest to examine a witness residing at an# place not re5uest within /Pa1istan2. ?-../Su"3ect to such conditions and limitations as ma# "e prescri"ed2* the provisions as to the execution and return of come "# foreign missions for the examination of witnesses shall appl# to commission issued "# /or at the instance of2 'a(Courts situate "e#ond the limits of ./Pa1istan and esta"lished2 or continued "# the authorit# of 0> > > 6/the Central =overnment; > > >2* or '"( > > > /'c( Courts of an# State or countr# outside Pa1istan.2 PA"T %V '(%T' %N PA"T%C($A" CA'#' '(%T' 1& O" A+A%N'T [T4# +OV#"N#MNT! O" P(1$%C OFF%C#"' %N T4#%" OFF%C%A$ CAPAC%T& ?+. > > > !n a suit "# or against the .=overnment( the authorit# to "e named as plaintiff or defendants as the case ma# "e* shall "e% 'a( in the case of a suit "# or against the Central =overnment* Pa1istan2 '"( in the case of a suit "# or against a Provincial =overnment* the Province and -,.%'l( A suit ma# "e instituted against the =overnment or against a pu"lic officer* !n respect of an# act purporting to "e done "# such pu"lic officer in his official capacit#*
00
after the expiration of two months next after notice in writing has "een delivered to or left at the office of% 'a( in the case of a suit against the Central =overnment* a Secretar# to that =overnment '"( '!( !n the case of a suit against the Provincial =overnment other than a suit relating to the affairs of a Railwa#* a Secretar# to that =overnment or the. Collector of the :istrict and 'ii( !n the case of a suit against the -/<ederal =overnment2 relating to the affairs of a Railwa#* the =eneral Aanager of the Railwa# concerned* and in the case of a pu"lic officer* delivered to him or left at his office stating the cause ofC action* the name* description of place of residence of the plaintiff and the relief which he claims and the plaint shall contain a statement that such notice has "een so delivered or left. '.( Where an# such suit is instituted without delivering or leaving such notice as aforesaid or "efore the expiration of the said period of two months or where the plaint does not contain a statement that such notice has "een so delivered or left* the plaintiff shill not "e entitled to an# costs if settlement as regards the su"3ect%matter of the suit is reached or the =overnment or the pu"lic officer concedes the plaintiffCs claim* within the period of two months from the date of the institution of the suit$ Provided that in a suit instituted without such notice* the Court shall allow not less than three months to the =overnment to su"mit its written statement.2 -&.!n a suit instituted against a pu"lic officer in respect of an# act purporting to "e done "# him in his official capacit#% 'a( the defendant shall not "e lia"le to arrest nor his propert# to attachment* otherwise than in execution of a decree* and '"( where the Court is satisfied that the defendant cannot a"sent himself from his dut# without determent to the pu"lic service* it shall exempt him from appearing in person. -..%'l( Where the decree is against C/the ./=overnment22 or Execution against a pu"lic officer in respect of an# such act as aforesaid* a of decree time shall "e specified in the decree within which it shall "e satisfied and if the decree is not satisfied within the time so specified* the Court shall report the case for Cthe orders of the 0'Provincial =overnment2. '.( Execution shall not "e issued on an# such decree unless it remains ununsatisfied for the period of three months computed from the date of such report.
06
'(%T' 1& A$%#N' AN) 1& O" A+A%N'T FO1.#T+N "($#', AM1A''A)O"' AN) #NVO&' -0.%'&( Alien enemies residing /in Pa1istan2 with the permission of the /Central =overnment2* an alien friends* ma# sue in the Courts /in the Provinces2* as if the# were /CitiBens of Pa1istan2. '.( Fo alien enem# residing /in Pa1istan2 without such permission* or residing in a foreign countr#* shall sue in an# of such Courts. Explanation.%Ever# person residing in a foreign countr# the =overnment of which is at war with ./or engaged in militar# operations against2 0/Pa1istan2* and carr#ing on "usiness in that countr# without a /license in that "ehalf under the hand 6> > > of a Secretar# to the ;/Central =overnment2 shall* for the purpose of su"section '.(* "e deemed to "e an alien enem# residing in a foreign countr#. -6.%'&( A foreign State ma# sue in an# Court /in the Province2$ Provided that such State has "een recogniBed "# the /Central =overnment2$ Provided* also* that the o"3ect of the suit is to enforce a private right vested in the head of such State or in an# officer of such State iii his pu"lic capacit#. '.( Ever# Court shall ta1e 3udicial notice of the fact that a foreign State has or has not "een recogniBed "# the Central =overnment2. -;.'&( Persons speciall# appointed "# order of the Central =overnment at the re5uest of the Ruler of an# foreign State* or at the re5uest of an# person competent* in the opinion of the Central =overnment to act on "ehalf of such Ruler* to prosecute or defend an# suit on his "ehalf* shall "e deemed to "e the recogniBed agents "# whom appearances acts and applications under this Code ma# "e made or done on "ehalf of such Ruler.2 '.( An appointment under this section ma# "e made for the purpose of a specified suit or of several specified suits* or for the purpose of all such suits as it ma# from time to time "e necessar# to prosecute or defend on "ehalf of the /Ruler2. '0( A person appointed under this section ma# authoriBe or appoint persons to ma1e appearances and applications and do acts in an# such suit or suits as if he were himself a part# thereto. -7. '&( An# /Ruler of a foreign State2 ma#* /KK. With the consent of the Central =overnment* certified "# the signature of a Secretar# to that =overnment2 "ut not without such consent* "e sued in an# competent Court.
0;
'.(Such consent ma# "e given with respect to a specified suit or to several specified suits or with respect to all suits of an# specified class or classes* and ma# specif#* in the case of an# suit or class of suits* the Court in which the ;/Ruler2 ma# "e send "ut it shall not "e given unless it appears to /the consenting authorit#2 that the /Ruler2 'a( has instituted a suit in the Court against the person desiring to sue him* or '"( "# himself or another trades within the local limits of the 3urisdiction of the Court* or 'c( is in possession of immova"le propert# situated within those limits and !s to "e sued with reference to such propert# or for mone# charged thereon. '0( Fo such /Ruler2 shall "e arrested under this Code* and* except with /the consent of the Central =overnment2 certified as aforesaid* no decree shall "e executed against the propert# of an# such /Ruler.2 '6( )he Central =overnment+. ..ma# "# notification in the /official =aBette2 authoriBe a Provincial =overnment and an# Secretar# to that =overnment to exercise with respect to an# /Ruler2 named in the notification the functions assigned "# the foregoing su"sections to the consenting authorit# and a certif#ing officer respectivel#. ';( A person ma# as a tenant of immova"le propert#* sue* without such consent as is mentioned in this section* a C/Ruler( from whom he holds or claims to hold the propert#. &-7%A. '&( Fo proceeding in an# Court shall lie against a diplomatic agent except in a case relating to% 'a( an# private immova"le propert# situated in Pa1istan held "# him in his private capacit# and not on "ehalf of the sending State for the purpose of the mission '"( a succession in which the diplomatic agent is !nvolved as executor* administrator* heir or legates as a private person and not on "ehalf of the sending State 'c( an# professional or commercial activit# exercised "# the diplomatic agent in Pa1istan outside his official functions. '.( Fo measures of execution shall "e ta1en in respect of a diplomatic agent except in cases which Come under clauses 'a(* '"( and 'c( of su"section '&( and in which such measures can "e ta1en without infringing the inviola"ilit# of his person or of his residence. '0( )he initiation of an# proceedings in a Court "# a diplomatic agent shall* preclude him from invo1ing immunit# from 3urisdiction under this section in respect of an# counter% claim directl# connected with the principal claim.
07
'6( )he immunit# of a diplomatic agent under su"section '&( or su"section '.( ma# "e waived "#L the sending State and an# such waiver shall "e express. ';( Waiver of immunit# in respect of an# proceedings shall not "e held to impl# waiver of immunit# in respect of an# measure of execution for which a separate waiver still "e necessar#. '7( in this section* Cdiplomatic agentC in relation to a State means the head of the mission in Pa1istan of that State and includes a mem"er of the staff of that mission having diplomatic ran1. -?./the Ruler of a foreign State2 ma# sue* and shall "e sued in the name of his State$ Provided that in giving the consent referred to in the foregoing section /the Central =overnment* 0>>> or the Provincial =overnment* as the case "e* ma# direct the an# such /Ruler2 shall "e sued in the name of an agent or in an# other name. -?%A. Suits against Rulers of acceding and merged states.2 !F)ERP@EA:ER --. Where two or more persons claim adversel# to one another the same de"t* sum of mone# or other propert# mova"le or immova"le* from another person* who claims no interest therein other than or charges or costs and who is read# to pa# or deliver it to the rightful claimant* such other person ma# institute a suit ofC interpleader against all the claimants for the purpose of o"taining a decision as to the person to whom the pa#ment or deliver# shall "e made and of o"taining indemnit# for himself$ Provided that where an# suit ii pending in which the rights of all parties can properl# "e decided* no such suit of interpleader shall "e instituted* PA"T V 'P#C%A$ P"OC##)%N+' A"1%T"AT%ON -+. /Ar"itration2 8mitted "# the Ar"itration Act* &+6, '9 of &+6,(* S. 6+ and )hird Schedule. 'P#C%A$ CA'# +,. Where an# persons agree in writing to state a case for the opinion of the Court* then the Court shall tr# and determine the same in the manner prescri"ed. '(%T' "#$AT%N+ TO P(1$%C MATT#"'
0?
+&.'&(!n the case of a pu"lic nuisance the Advocate%=eneral* or two or more persons having o"tained the consent in writing of the Advocate%=eneral* ma# institute a suit* though no special damage has "een caused* for a declaration and in3unction or for such other relief as ma# "e appropriate to the circumstances of the case. '.( Fothing in this section shall "e deemed to limit or otherwise affect an# right of suit which ma# exist independentl# of its provisions. +..%'l( in the case of an# alleged "reach of an# express or constructive trust created for pu"lic purposes of a charita"le or religious nature* or where the direction of the Court is deemed necessar# for the administration of an# such trust* the Advocate. =eneral* or two or more persons having an interest in the trust and having o"tained the consent in writing of the Advocate =eneral* ma# institute a suit* whether contentious or not* in the principal Civil Court of original 3urisdiction or in an# other Court empowered in that "ehalf "# the /Provincial =overnment2 within the local limits of whose 3urisdiction the whole or an# part of the su"3ect matter of the trust is situate* to o"tain a decree% 'a( removing an# trustee* '"( appointing a flew trustee 'c( vesting an# propert# in a trustee 'd( directing accounts and in5uiries 'e( declaring what proportion of the trust%propert# or of the interest therein shall "e allocated to an# particular o"3ect of the trust 'f( authoriBing the whole or an# part of the trust%propert# to "e let sold* mortgaged or exchanged 'g( settling a scheme or 'h( granting such further or other relief as the nature of the case ma# re5uire. '.( Save as provided "# the Religious Endowments Act* &-70. no suit claiming an# of the reliefs specified in su"section '&( shall "e instituted in respect of an# such trust as is therein referred to except in conformit# with the provisions of that su"sections* +0.)he powers conferred "# sections +& and +. on the Advocate%=eneral ma#* &>>>* "e with the previous sanction of the ./Provincial =overnment2* exercised also "# the Collector or "# such officer as the ./Provincial =overnment2 ma# appoint in this "ehalf. PA"T V% '(PP$#M#NTA$ P"OC##)%N+' +6.!n order to prevent the ends of 3ustice from "eing defeated the Court ma#* if it is so prescri"ed*%
0-
'a(issue a warrant to arrest the defendant and "ring him "efore the Court to show cause wh# he should not give securit# for his appearance* and ifC he fails to compl# with an# order for securit# commit him to the civil prison '"(direct the defendant to furnish securit# to produce an# propert# "elonging to him and to place the same at the disposal of the Court or order the attachment of an# propert# 'c(grant a temporar# in3unction and in case of diso"edience commit the person guilt# thereof to the civil prison and order that his propert# "e attached and sold 'c(appoint a receiver of an# propert# and enforce the performance of his duties "# attaching and selling his propert# +;.%'&( Where* in an# suit in which an arrest or attachment has "een effected or a temporar# in3unction granted under the last preceding section. 'a( it appears to the Court that such arrest* attachment or in3unction was applied for on insufficient grounds* or '"( the suit of the Plaintiff fails and it appears to the Court that there was no reasona"le or pro"a"l# ground for instituting the same the defendant ma# appl# to the Court* and the Court ma#* upon such application* award against the plaintiff "# its order such amount* not exceeding /ten thousand2 rupees* as it deems a reasona"le compensation to the defendant for the expense of in3ur# caused to him$ Provided that a Court shall not award* under this section* an amount exceeding the limits of its pecuniar# 3urisdiction. '.( An order determining an# such application shall "ar an# suit for compensation in respect of such arrest* attachment or !n3unction. PA"T V%% APP#A$' F"OM O"%+%NA$ )#C"##' +7.%%'l( Save where otherwise expressl# provided in the "od# of this Code or "# an# other law for the time "eing in force* an appeal shall lie from ever# decree passed "# an# Court exercising original 3urisdiction to the Court authoriBed to hear appeals from the decisions of such Court. '.(An appeal ma# lie from an original decree passed ex%parte.
0+
'0( Fo appeal shall lie from a decree passed "# the Court With the consent of panics. +?. Where an# part# aggrieved "# a preliminar# decree passed after the commencement of this Code does not appeal from such decree* he shall "e precluded from disputing its correctness in an# appeal which ma# "e preferred from the final decree. +-.'l( Where an more Judges* the appeal opinion of such Judges. '.(Where there is no such 3udgment var#ing or reversing the decree shall "e confirmed$ Provided that where the Iench hearing the appeal is composed of two Judges "elonging to a Court consisting of more than two Judges* and the Judges composing the Iench differ in opinion on a point of law* the# ma# state the point of law upon which the# differ and the appeal shall then "e heard upon that point onl# "# one or more of the other Judges* and such point shall "e decided according to the opinion of the ma3orit# 'if an#( of the Judges who have heard the appeal* including those who first heard it. &/'0( Fothing in this section shall "e deemed to alter or otherwise affect an# provision of the letters patent an# High Court.2. ++. Fo decree shall "e reversed or su"stantiall# varied* nor shall an# case "e remanded* in appeal on account of an# mis3oinder of parties or causes of % action or an# error* defect or irregularit# in an# proceedings in the suit* not affecting the merits of the case or the 3urisdiction of the Court APP#A$' F"OM APP#A$AT# )#CA1"%' &,,.%'l( Save where otherwise expressl# provided % in the "od# of this Code or "# an# ocher law for the time "eing in force* an appeal shall lie to the High Court from ever# decree passed in appeal "# an# Court su"ordinate to a High Court on an# of the following grounds* namel#$ 'a( the decision "eing contrar# to law or to some usage having the force of law. '"( the decision having failed to determine some material issue of law or usage having the force of law 'c( a su"stantial error or defect in the procedure provided "# this Code or "# an# other law for the time "eing in force* which ma# possi"l# have produced error or defect in the decision of the case upon the merits. ./'.( > > > > &,&. Fo second appeal shall lie except on the grounds mentioned in section &,,.
6,
0/&,.. Fo second appeal shall lie*% 'a( in an# suit of the nature cogniBa"le "# Courts of Small Causes* when the amount or value of the su"3ect%matter of the original suit does not exceed /twent#%five thousand2 rupees and '"( in an# other suit* when the amount or value su"3ect matter of the original suit does not exceed 6/two hundred fift# thousand2 rupees. &,0. !n an# second appeal the High Court ma#* if the evidence on the record is sufficient determine an# issue of fact necessar# for the disposal of the appeal ;/which has not "een determined "# the lower appellate Court or which has "een wrongl# determined "# such Court "# reason %of an# illegalit#* omission* error or defect such as is referred to in su"section '&( of section &,,2. APP#A$' P"OM O")#"' &,6.%'&( An appeal. shall lie from the following orders* and save as otherwise express&# provided !n the "od# of this Code or "# an# law for the time "eing in force* from no other orders$ % ./f( an order under section 0;%A 'ff( an order under section 6? 2 'g( an order under section +; 'h( an order under an# of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of an# person except where such arrest or detention is in execution of a decree 'i( an# order made under rules from which an appeal is express&# allowed "# rules$ 0/Provided that no appeal shall lie against an# order specified in clause 'f( 6save on the ground that no order* or an order for the pa#ment of a Jess amount* ought to have "een made2. '.( Fo appeal shall lie from an# order passed in appeal under this section. &,;.%'&( Save as otherwise expressl# provided* no appeal shall lie from an# order made "# a Court in the exercise of its original or appellate 3urisdiction "ut where a decree is appeared from* an# error* defect or irregularit# in an# order* affecting the decision of the case* ma# "e set forth as a ground of o"3ection in the memorandum of appeal. '.( Fotwithstanding an#thing contained in su"section '&(* where an# part# aggrieved "# an order of remand made after the commencement of this Code from which an appea&&ies does not appeal there from* he shall thereafter "e precluded from disputing its correctness.
6&
&,7. Where an appeal from an# order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made* or where such order is made "# a Court 'not "eing a High Court( in the exercise of appellate 3urisdiction* then to the High Court. +#N#"A$ P"OV%'%ON' "#$AT%N+ TO APP#A$' &,?.%'& ( Su"3ect to such conditions and limitations as ma# "e prescri"ed* an Appellate Court shall have power$% 'a( to determine a case finall# '"( to remand a case 'c( to frame issues and refer them for trial 'd( to ta1e additional evidence or to re5uire such evidence to "e ta1en. '.( Su"3ect as aforesaid* the Appellate Court shall have the same powers and shall perform as nearl# as ma# "e the same duties as are conferred and imposed "# this Code on Courts of original 3urisdiction inC respect of suits instituted therein. &,-. )he provisions of this Part relating to appeal from original decrees shall* so far as ma# "e* appl# to appeal% 'a( from appellate decrees* and '"( from orders made under this Code or under an# special or local law in which a different procedure is not provided. APP#A$' TO T4# ['(P"#M# CO("T! 0/&,+. An appeal from a 3udgment decree or final order of a High Court shall lie to the Supreme Court % 'a( if the amount or value or the su"3ect%matter or the dispute in the court of first instance was and also in appeal is 'unless varied "# an Act or Parliament( fift# thousand rupees or upward and the 3udgment decree or final order appealed from has varied or set aside the 3udgment decree or final order of the Court immediatel# "elow or '"( it the 3udgment* decree or final order involves directl# or indirectl#* some claim or 5uestion respecting propert# or the li1e amount or value and the 3udgment* decree of final order appealed from has varied of set aside the 3udgment decree or final order of the Court immediatel# "elow or 'c( if the High Court certifies that the case involves a su"stantial 5uestion of law as to the interpretation of the Constitution.2
6.
&&,. /8mitted "# <ederal Adaptation of @aws 8rder 'P.8.6 of &+?;( w.e.f &st August &+?;2 &&&. Fotwithstanding an#thing contained in section &,+* no appeal shall lie to 6/the Supreme Court2 'a( from the decree or order of one Judge of a High Court ;>>>* or of one Judge of a :ivision Court* or of two or more Judges of such High .Court* or of a :ivision Court* constituted "# two or more Judges of such High Court* where such Judges are c5ua&&# divided in opinion and do not amount in num"er to a ma3orit# of the whole of the Judges of the High Court at the time "eing or '"( from an# decree from which under section &,. no second appeal lies. &&&.A.%/8mitted "# the <ederal Court Act* &+6& '99! of &+6&(* S. ..2 &&..%./'&( Fothing contained in this Code shall "e deemed% 'a( to affect the powers of the Supreme Court under Article 0/&+& of the Constitution or an# other provision thereof2 or '"( to interfere with an# rules made "# the Supreme Court* and for the time "eing in force* for the presentation of appeals to that Court* or their conduct "efore that Court.2 '.( Fothing herein contained applies to an# matter of criminal or admiralt# or vice% admiralt# 3urisdiction* or to appeals from orders and decrees of PriBe Courts. PAR) D!! "#F#"#NC# "#V%#3 AN) "#V%'%ON &&0. Reference to High Court. % Su"3ect to such conditions and limitations as ma# "e prescri"ed* an# Court ma# state a case and refer the same for the opinion of the High Court* and the High Court ma# ma1e such order thereon as it thin1s fit. &&6. /Review.%'&( Su"3ect as aforesaid* an# person considering himself aggrieved% 'a( "# a decree or order from which an appeal is allowed "# this Code* "ut from which no appeal has "een preferred. '"( "# a decree or order from which no appeal is allowed "# this Code* or 'c( "# a decision on a reference from a Court of Small Causes* ma# appl# for a review of 3udgment to the Court which passed the decree or made the order. And the Court ma# ma1e such order thereon as it thin1s fit.
60
'.( Fothing contained in su"%section '&( shall appl# to a review of an# 3udgment pronounced or order made "# the Supreme Court.2 &&;.%&/'& (O )he High Court ma# call for the record of an# case which "as "een decided "# an# Court su"ordinate to such High Court and in which no appeal lies thereto* and if such su"ordinate Court appears 'a( to .have exercised a 3urisdiction not vested in it "# law* or '"( to have failed to exercise a 3urisdiction so vested* or 'c( to have acted in the exercise of its 3urisdiction illegall# or with material irregularit#* the High Court ma# ma1e such order in the case as it thin1s fit ./Provided that where a person ma1es an application under this su"section* he shall in support of such application* furnish copies of the pleadings* documents and order of the su"ordinate Court and the High Court shall* except for reasons to "e recorded* dispose of such application without calling for the record of the su"ordinate Court.2 0/Provided further that such application shall "e made within ninet# da#s of the decision of the su"ordinate Court2 6/which shall provide a cop# of such decision within three da#s thereof and the High Court shall dispose of such application within six months2* ;/'.( )he :istrict Court ma# exercise the powers conferred on the High Court "# su"section '!( in respect of an# case decided "# a Court su"ordinate to such :istrict Court in which no appeal lies and the amount or value of the su"3ect%matter whereof does not exceed the limits of the appellate 3urisdiction of the :istrict Court. '0( !f an# application under su"section 'l( in respect of a case within the competence of the :istrict Court has "een made either to the High Court or the :istrict Court* no further such application shall "e made to either of them. '6( Fo proceedings in revision shall "e entertained "# the High Court against an order made under su"section '.( "# the :istrict Court.2 PA"T %2 'P#C%A$ P"OV%'%ON' "#$AT%N+ TO 56 6 6 4%+4 CO("T &&7. )his part applies onl# to High Courts ?>>>> &&?. Save as provided in this Part or in Part 9 or in rules* the provisions of this Code shall appl# to &>>> High Courts. &&-. Where an# &>>> High Court considers it necessar# that a decree passed in the exercise of its original civil 3urisdiction should "e executed "efore the amount of the costs
66
incurred in the suit can "e ascertained "# taxation* the Court ma# order that the decree shall "e executed forthwith except as to so much thereof as relates to the costs and as to so much thereof as relates to the costs* that the decree ma# "e executed as soon as the amount of the costs shall "e ascertained "# taxation. &&+. Fothing in this Code shall "e deemed to authoriBe an# person on "ehalf of another to address the Court in the exercise of its original civil 3urisdiction* or to examine witnesses* except where the Court shall have in the exercise of the power conferred "# its charter authoriBed him so to do* or to interfere with the power of the High Court to ma1e rules concerning advocates* va1ils and attorne#s. &.,.'&( )he following provisions shall not appl# to the High Court in the exercise of its original civil 3urisdiction* namel#* sections &7* &? and .,. PA"T 2 "($#' &.&. )he rules in the <irst Schedule shall have effect as if enacted in *the "od# or this Code until annulled pt altered in accordance with the provisions or this Part. &... 0/)he High Courts2 6>>> ma#* from time to time after previous pu"lication* ma1e rules regulating their own procedure and the procedure of the civil Courts su"3ect to their superintendence* and ma# "# such rules annul* alter or ad to all of an# of the rules in the <irst Schedule. &.0 %'!( A Committee* to "e called the Rule Committee* shall "e constituted at J/the town which is the usual place of sitting of each of the High Courts .. . . 0, . . referred to in section &..2. '.( Each such Committee shall consist of the following persona namel#$% 'a( three Judges of the High Court esta"lished at the town at which such Committee is constituted* one of whom at least has served as a :istrict Judge or 6>>>> a :ivisional Judge for three #ears. '"( ; > > > > > > > 'c( 7/two advocates practising in that Court and2. 'd( a Judge of a Civil Court su"ordinate to the High Court* ?> > > > '0( )he mem"ers of each such Committee shall "e appointed "# the Chief Justice -> >> who shall also nominate one of their mem"er to "e president$
6;
Provided that* if the Chief Justice ->>> elects to "e himself a mem"er of a Committee* the num"er of other Judges appointed to "e mem"ers shall "e two and the Chief Justice ->>> shall "e the President of the Committee. '6( Each l&&em"erCof an# such Committee shall "old office f or such period as ma#C "e prescri"ed "# the Chief Justice -> > > in this "ehalf and whenever an# mem"er retires. resigns* dies or ceases to reside in the Province in which the Committee was constituted* or "ecomes incapa"le of acting as a mem"er of the Committee* the said Chief Justice -> > > ma# appoint another person toC "e a mem"er in his stead. ';( )here shall "e a Secretar# to each such Committee who shall "e appointed "# the Chief Justice ->>> and shall receive such remuneration as ma# "e provided in this "ehalf /"# the Provincial =overnment2. &.6. Ever# Rule Committee shall ma1e a report to the High Court esta"lished at the town at which it is constituted on an# proposal to annul alter or add to the rules in the <irst Schedule or to ma1e new rules* and "efore ma1ing an# rules under section &.. the High Court shall ta1e such report into consideration. &.;. > > > > > > > > > > . . . . . &.7. Rules made under the foregoing provisions shall "e su"3ect to the previous approval of the =overnment of the Province in which the Court whose procedure the rules regulate is situate or* if that Court is not situate in an# Province* to the previous approval of the 6/<ederal =overnment2. &.?. Rules so made and ;/approved2 shall "e pu"lished in the 7/official =aBette >>>2* and shall from the date of pu"lication or from such other date as ma# "e specified have the same force and effect within the local limits of the 3urisdiction of the High Court which made them* as if the# had "een contained in the Pint Schedule. &.-.%'&( Such rules shall not "e inconsistent with the provisions in the "od# of this Code* "ut* su"3ect thereto* ma# provide for an# maters relating to the procedure of civil Courts. '.( !n particular and without pre3udice to the generalit# or the powers conferred "# su"section '&(* such rules ma# provide for all or an# of the following matters* namel#$ 'a( the service of summonses* notices and other processes "# post or in an# other manner either generall# or in an# specified areas* and the proof of such service '"( the maintenance and custod#* while under attachment or livestoc1 and other mova"le propert# the fees pa# a"le for such maintenance and custod#* the sale of such livestoc1 and propert# and the proceeds of such sale. 'c( procedure in suits "# wa# of counter claim* and the valuation of such suits for the purposes of 3urisdiction
67
'd( procedure in garnishee and charging orders either fu addition to* or in su"stitution for* the attachment and sale of de"ts 'e( procedure where the defendant claims to "e entitled to contri"ution or indemnit# over against an# person whether a part# to the suit or not 'f( summar# procedure% 'i( in suits in which the plaintiff see1s onl# to recover a de"t or li5uidated demand in mone# pa#a"le "# the defendant* with or without interest* arising on a contract express or implied on an enactment where the sum sought to "e recovered is a fixed sum of mone# or in the nature of de"t other than a penalt# or on a guarantee* where the claim against the principle is in respect of a de"t or a li5uidated demand onl# or on a trust or 'ii( in suits for the recover# of immova"le propert#* with or without a claim for rent or mesne profits* "# a landlord against a tenant whose term has expired or "as "een onl# determined "# notice to 5uit* or has "ecome lia"le to forfeiture for non%pa#ment of rent* or against persons claiming under such tenant 'g( procedure "# wa# of originating summons 'h( conso&idation of suits* appeals and other proceedings 'i( delegation to an# Registrar* Prothonarar# or master or other official of the Court of an# 3udicial* 5uasi%3udicial and non%3udicial duties and '3( all forms* registers* "oo1s* entries and accounts which ma# "e necessar# or desira"le for the transaction of the "usiness of civil Courts. &.+. Fotwithstanding an#thing in this Code* an# High Court &>>> ma# ma1e such rules not inconsistent with ./its @etters Patent2 to regulate its own procedure in the exercise of its original civil 3urisdiction as it shall thin1 fit* and nothing herein contained shall affect the validit# of an# such rules in force at the commencement of this Code. &0,. > > > > > > > &0&. Rule made in accordance with section &.+ &> > > shall "e pu"lished in the ./official =aBette > > >2 and shall from the date of pu"lication or from such other date as ma# "e specified have the force of law. PA"T 2% M%'C#$$AN#O('
6?
&0..%'&( Women who according to the customs and manners of the countr#* ought not to "e compelled to appear in pu"lic shall "e exempt from personal appearance in Court. '.( Fothing herein contained shall "e deemed to exempt such women from arrest in execution of civil process in an# case in which the arrest of women is not prohi"ited "# this Code. &00.%'&( )he ./provincial =overnment2 ma#* "# notification in the /official =aBette2* exempt from personal appearance in Court an# person whole ran1* in the opinion of such =overnment* entitles him to the privilege of exemption. '.( )he names and residences of the persons so exempted shall* from time to time* "e forwarded to the High Court "# the /Provincial =overnment2 and a list of such persons shall "e 1ept in such Court* and a list of such persons as reside within the local limits of the 3urisdiction of each Court su"ordinate to the High Court shall "e 1ept in such su"ordinate Court. '0( Where an# person so exempted claims the privilege of such exemption and it is conse5uentl# necessar# to examine him "# part# re5uiring his evidence pa#s the costs of that commission* unless the part# re5uiring his evidence pa#s such costs. &06. )he provisions of sections ;;* ;? and ;+ shall appl#* so far as ma# "e* to all persons arrest under this Code. &0;. '&( Fo Judge* Aagistrate or other 3udicial office shall "e lia"le to arrest under civil process while going to* presiding in* or returning from* his Court. '.( Where an# matter pending "efore a tri"unal 3urisdiction having 3urisdiction therein* or "elieving in good faith that it has such 3urisdiction* the parties thereto* their pleaders* mu1htars* revenne%agents and recogniBed agents* and their witnesses acting in o"edience to a summons* shall "e exempt from arrest under civil process other than process issued "# such tri"unal for contempt of Court while going to or attending such tri"unal for the purpose of such matter* and while returning from such tri"unal. '0( Fothing in su"section '.( shall ena"le a 3udgment%de"tor to claim exemption from arrest under an order for immediate execution or where such 3udgment%de"tor attends to show cause wh# he should not "e committed to prison in execution of a decree. l0;%A.%'!( Fo person sha&l "e lia"le to arrest or detention in prison under civil process$ % /'a( !f he is mem"er of @egislature 6 >>> ; >>> during the continuance of an# meeting of such @egislature 7>>2 /"( !f he is mem"er of an# committee of such /@egislature 7> >2* during the continuance of an# meeting of such committee
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;> > > > > > and during the fourteen da#s "efore and after such meeting of sitting. '.( A person released from detention under su"section '&( shall* su"3ect to the provisions of the said su"section* "e lia"le to re%arrest and to the further detention to which he would have "een lia"le if he had not "een released under the provisions of su"%section '&(2 &07.%'&( Where an ap&ilication is made that and person shall "e arrested or that propert# shall "e attached under an# provision of this Code not relating to the execution or decree* and such person resides or such propert# is situate outside the local limits of the 3urisdiction of the Court to which the application is made the Court ma# in its direction* issue a warrant or arrest or ma1e an order of attachment and send to the :istrict Court within the local limits of whose 3urisdiction such person or propert# resides or is situated a cop# of the warrant of orders* together with the pro"a"le amount of the costs of the arrest or attachment. '.( )he :istrict Court shall on receipt of such cop# and amount* cause the arrest or attachment to "e made "# its own officers* or "# Court su"ordinate to itse&f* and shall inform the Court which issued or made such warrant or order of the arrest or attachment '0( )he Court ma1ing an arrest under this location shall send the person arrested to the Court "# which the warrant of arrest was issued* unless he shows cause to the satisfaction of the former Court wh# he should not "e sent to the latter Court* or unless he furnishes sufficient securit# for his appearance "efore the latter Court or for satisf#ing an# decree that ma# "e passed against him "# that Court* in either of which cases the Court ma1ing the arrest shall release him. &0?. '&( )he language which* on the commencement of this Code* is the language of an# Court su"ordinate to a High Court shall continue to "e the language of such su"ordinate Court until the /Provincial =overnment2 otherwise directs. '.( )he /Provincial =overnment2 ma# declare what shall "e the language of an# such Court and in what character applications to and proceedings in such Courts shall "e written. '0( Where this Code re5uires or allows an#thing other than the recording or evidence to "e done in writing in an# such Court* such writing ma# "e in English "ut if an# part# or his pleader is unac5uainted with English a translation into the language of the Court shall* at his re5uest* "e supplied to him and the Court shall ma1e such order as it thin1s fit in respect of the pa#ment or the costs of such translation. &0-. )he /High Court2 ma#* "# notification in the /official =aBette2 direct with respect to an#2 3udge specified in the notification or failing under a description act forth therein* that
6+
evidence in cases in which an appeal is allowed shall "e ta1en down "# him in the English language and in manner prescri"ed. '.( Where a Judge is prevented "# an# sufficient reason from compl#ing with a direction under su"section '&(* he shall record the reason and cause the evidence to "e ta1en down in writing from his dictation in open Court. &0+. !n the case of an# affidavit under this Code% 'a( an# Court or Aagistrate* or '"( an# officer or other person whom a High Court ma# appoint in this "ehalf* or 'c( an# officer appointed "# an# other Court which the /Provincial =overnment2 has generall# or speciall# empowered in this "ehalf* ma# administer the oath to the deponent$ &6,.%%'&( !n an# Admiralt# or Dice%Admiralt# cause of salvage* towage or collision* the Court* whether it "e exercising its original or its appellate 3urisdiction* ma# if it thin1s fit and shall upon re5uest of either part# to such cause* summon to its assistance* in such manner as it ma# direct or as ma# "e prescri"ed two competent assessors and such assessor shall attend and assist accordingl#$ '.( Ever# such assessor shall receive such fees to for his attendance* to "e paid "# such of the parties as the Court ma# direct or as ma# "e prescri"ed. &6&. )he procedure provided in this Code in regard to suits shall "e followed as far as it can "e made applica"le* in all proceedings in an# Court of civil 3urisdiction. &6.. All orders and notices served on or given to an# person under the provision or this Code shall "e in writing. &60. Postage* where chargea"le on a notice* summons or letter issued under this Code and forwarded "# post and the fee for registering the same* shall "e paid within a time to "e fixed "efore the communication is made$ Provided that the /Provincial =overnment2 .> > > ma# remit such postageL or fee or "oth or ma# prescri"e a scale of court%fees to "e levied in lieu thereof. &66.%'&( Where and in so far as a decree is varied or reversed the Court of first instance shall on the application of an# part# entitled to an# "enefit "# wa# of restitution or otherwise cause such restitution to "e made as will* so far as ma# "e* place the parties in the position which the# would have occupied "ut for such decree of such part thereof as has "een varied or reversed and* for this purpose* the Court ma# ma1e an# orders* including orders for the refund of cost and for the pa#ment of interested damages* compensation and mesne profits* which are properl# conse5uential on such variation or reversal.
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'.( Fo suit shall "e instituted for the purpose of o"taining an# restitution or other relief which could "e o"tained "# application under su"section'&( &6;. Where an# person has "ecome lia"le as suret#$ 'a( <or the performance of an# decree or an# part thereof or '"( <or the restitution of an# propert# ta1en in execution of a decree* or 'c( <or the pa#ment of an# mone#* or for the fulfillment of an# condition imposed on an# person* under an order of the Court in an# suit or in an# proceedings conse5uent thereon* the decree or order ma# "e executed against him to the extent to which he has rendered himself personall# lia"le* in the manner herein provided for the execution of decrees* and such person shall for the purposes of appeal "e deemed a part# within the meaning of section 6? Provided that such notice$ as the Court in each case thin1s sufficient has "een given to the suret#. &67. Save as otherwise provided "# the Code or "# an# law for the time "eing in force where an# proceeding ma# "e ta1en or application made "# or against an# person* then the proceedings ma# "e ta1en or the application ma# "e made "# or against an# person claiming under him. &6?. !n all suits to which an# person under disa"ilit# is a part#* an# consent or agreement as to an# proceeding shall* if liven or made with the express leave of the Court "# the next friend or guardian for the suit* have the same force and effect as if such period* were under no disa"ilit# and had given such consent or made such agreement. &6-. Where an# period is fixed or granted "# the Court for the doing of an# act prescri"ed or allowed "# this Code the Court ma#* in its discretion* from time to* time* enlarge such period* even though the period originall# fixed or granted ma# have expired. &6+. Where the whole or an# part of an# fee prescri"ed for an# document "# the law for the time "eing in force relating to court fees has not "een paid the Court ma#* in its discretion* at an# stage* allow the person* "# whom such fee is pa#a"le* to pa# the whole or part* as the case ma# "e* of such court%fee is pa#a"le* to pa# the whole or part* as the case ma# "e* of such court%fee and upon such pa#ment the document* in respect of which such fee is pa#a"le* shall have the same force and effect as if such fee is pa#a"le* shall have the same force and effect as if such fee had "ee paid in the first instance. &;,. Save as otherwise provided* where the "usiness of an# Court is transferred to an# other Court* the Court to which the "usiness is so transferred shall have the same powers and shall perform the same duties as those respectivel# conferred and imposed "# or under this Code upon the Court from which the "usiness was so transferred.
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&;&. Fothing in this Code shall "e deemed to limit or otherwise affect the inherent power of the Court to ma1e such orders as ma# "e necessar# for the ends of 3ustice or to prevent a"use of the process of the Court. &;.. Clerical or arithmetical mista1es in 3udgments* decrees or orders or errors arising therein from an# accidental slip or omission ma# at an# time "e corrected "# the Court either of its own motion or on the application of an# of the parties. &;0. )he Court ma# at an# time* and on such terms as to costs or otherwise as it ma# thin1 fit* amend an# defect or error in an# proceeding in a suit and all necessar# amendments shal& "e made for the purpose of determining the real 5uestion or issue raised "# or depending on such proceeding. &;6. /8mitted "# 8rdinance '.? of &+-&(* Second Sched.* item 67'&&(2. &;;. /8mitted "# i"id2. &;7. Rep. "# the Second Repealing and Amending Act &+&6 '9D!! of &+&6(* s.0 and Second Schedule. &;?. Fotifications pu"lished* declarations and rules made* places appointed* agreements filed* scales prescri"ed* forms framed* appointments made and powers conferred under Act D!!! of &-;+ or under an# Code of Civil Procedure or an# Act amending the same or under an# other enactment here"# repealed shall* so far as the# are consistent with this Code* have the same force and effect as if the# had "een respectivel# pu"lished* made* appointed* filed* prescri"ed* framed and conferred under this Code and "# the authorit# empowered there"# in such "ehalf. &;-. !n ever# enactment or notification passed or issued "efore the commencement of this Code in which reference is made to or to an# Chapter or section of Act D!!! of &-;+ or an# Code of Civil Procedure or an# Act amending the same or an# other enactment here"# repealed* such reference shall* so far as ma# "e practica"le* "e ta1en to "e made to this Code or to its corresponding Part* 8rder* section or rule. O")#" % PA"T%#' '(%T' &. All persons ma# "e 3oined in one suit as Plaintiffs in whom an# right to /relief in respect of or transaction or series of acts or transactions is alleged to exit* whether 3ointl#* severall# or in the alternative* where* if such persons "rought separate suits* an# common 5uestion of law or fact would arise.
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.. Where it appears to the Court that an# 3oinder of plaintiffs ma# em"arrass or dela# the trial of the suit* the Court ma# put the plaintiffs to their election or order separate trials or ma1e such other order as ma# "e expedient. 0. All persons ma# "e 3oined as defendants against whom an# right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist* Whether 3ointl#* severall# or in the alternativel#* where* if separate suits were "rought against such persons* an# common 5uest on of law or fact would arise. 6. Judgment ma# "e given without an# amendment% ;. !t shall not "e necessar# that ever# defendant shall "e interested as to all the relief claimed in an# suit against him. 7. )he plaintiff ma#* at his option* 3oin as same suit nil or an# of the persons severall#* severall#* lia"le on an# one contract* including exchange* hundis and promissor# notes. ?. Where the plaintiff is in dou"t as to the person from whom "e is entitled to o"tain redress* he ma# 3oin two or more defendants in order that the 5uestion as to winch of the defendants is lia"le* and to what extent* ma# "e determined as "etween all parties. -. 'l( Where there are numerous persons having the same interest in one suit* one or more of such persons ma#* with the permission of the Court* sue or "e sued* or ma# defend* in such suit* on "ehalf of or for the "enefit of all persons so interested. Iut the Court shall in such case give* at the plaintiffCs expense* notice of the institution of the suit to all such persons either "# personal service or* where from the num"er of persons or an# other cause such service is not reasona"l# practica"le* "# pu"lic advertisement* as the Court in each case ma# direct. +. Fo suit shall "e defeated "# reason of the mis3oinder or non%3oinder of parties* and the Court ma# in the matter in controvers# so far as regards the rights and interests of the parties actuall# "efore it. &,. '&( Where a suit has "een instituted in the name of the wrong person as plaintiff or where it is dou"tful whether it has "een instituted in the name of the right plaintiff* the Court ma# at an# stage of the suit* if satisfied that the suit has "een instituted through a "ona fide mista1e* and that it is necessar# for the determination of the teal matter in dispute so to do* order an# other person to "e su"stituted or added as plaintiff upon such terms as the Court thin1s 3ust. '.( )he Court ma# at an# stage of the proceedings* either upon or without the application of either part#* and on such terms as ma# appear to the Court to "e 3ust* order that the name of an# part# improperl# 3oined* whether as plaintiff or defendant* struc1 out* and that the name of an# person who ought to have "een 3oined* whether as plaintiff or defendant* or whose presence "efore the Court ma# "e necessar# in order to ena"le the
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Court unless the as ma# "e the plaint thin1s fit* effectuall# and completel# to ad3udicate upon and settle all the 5uestions involved in the suit* "e added. '0( Fo person shall "e added as a plaintiff suing without a next friend or as the next friend of a plaintiff under an# disa"ilit# without his consent. '6( Where a defendant is added* the plaint shall* Court otherwise directs* "e amended. in such manner necessar#* and amended copies of the summons and of shall "e served on the new defendant and* if the Court on the original defendant. ';( Su"3ect to the provisions of the '!9 of &+,-2* section ..* the proceedings added as defendant shall "e deemed to service of the summons. &&. )he Court ma# give the conduct of the suit to such person as it deems. &.. 'l( here there are more plaintiffs than one* an# one or more of them ma# "e authoriBed "# an# other of them to appear* plead or act for such other* in an# proceedings and in li1e manner* where there are more defendants than one* an# one or more of them ma# "e authoriBed "# an# other of them to appear* plead or act for such other in an# proceeding. '.( )he authorit# shall "e in writing signed "# the part# giving it and shall "e filed in Court. &0. Alt o"3ections on the ground of non%3oinder or mis3oinder of parties shall "e ta1en at the earliest possi"le opportunit# and* in all cases where issues are settled* at or "efore such settlement* unless the ground of o"3ection has su"se5uentl#* arisen* and an# such o"3ection not so ta1en shall "e deemed to have "een waived. O")#" %% F"AM# OF '(%T &. Ever# suit shall as far as practica"le "e framed so as to afford ground for final decision upon the su"3ects in dispute and to prevent further litigation concerning them. .. '&( Ever# suit shall include the whole of the claim which the plaintiff is entitled to ma1e in respect of the cause of action "ut a plaintiff ma# relin5uish an# portion of his claim in order to "ring the suit within the 3urisdiction of an# Court. '.( Where a plaintiff omits to sue in respect of* or intentionall# relin5uishes* an# portion of his claim* he shall not afterwards sue in respect of the portion so omitted or relin5uished claim. '0( A person entitled to more than one relief in respect of the same cause of action ma# sue for all or an# of such relief "ut if no omits* except with the leave of the Court* to sue for all such relief* he shall not afterwards sue for an# relief so omitted.
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Explanation$ <or the purposes of this rule an o"ligation and a collateral securit# for its performance and successive claims arising under the same o"ligation shall "e deemed respectivel# to constitute "ut one cause of action. !llustration$ A lets a house to I at a #earl# rent of Rs.&*.,,. )he rent for the whole of the #ears &+,;* &+,7 and &+,? is due and unpaid. A sues I in &+,- onl# for the rent due for &+,7. A shall not afterwards sue I for the rent due for &+,; or &+,?.
0.% '&( Save as otherwise provided* a plaintiff ma# unite in the same suit several causes of action against the same defendant* or the same defendants 3ointl# and an# plaintiffs having causes of action in which the# are 3ointl# interested against the same defendant or the same defendants 3ointl# ma# unite such causes of action in the same suit. '.( Where causes of action are united* the 3urisdiction of the Court as regards the suit shall depend on the amount or value of the aggregate su"3ect matters at the date of instituting the suit. 6.% Fo cause of action shall* unless with the leave of the Court* "e 3oined with a suit for the recover# of immova"le propert#* except% 'a( Claims for mesne profits or arrears of rent in respect of Lhe propert# claimed or an# part thereof '"( Claims for damages for "reach of an# contract under which the propert# or an# part thereof is held and 'c( Claims in which the relief sought is "ased on the same cause of action Provided that nothing in this rule shall "e deemed to prevent an# part# in a suit for foreclosure oL redemption from as1ing to "e put into possession of the mortgaged propert#. ;. Fo claim "# or against an executor* administrator or heir* as such* shall "e 3oined with claims "# or against him personall#* unless the last mentioned claims are alleged to arise with reference to the estate in respect of which the Plaintiff or defendant sues or is sued as executor* administrator or heir* or are such aL he was entitled to* or lia"le for* 3ointl# with the deceased person whom he represent. 7. Where it appears to the Court that an# causes of action 3oined in one suit cannot "e convenientl# tried or disposed of together* the Court ma# order separate trials or ma1e such other order as ma# "e expedient.
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?. All o"3ections on the ground of mis3oinder of causes of action shall "e ta1en at the earliest possi"le opportunit# and* in all cases where issues arc settled* at or "efore such settlement* unless the ground of o"3ection has su"se5uentl# arisen* and an# such o"3ection not so ta1en shall "e deemed to have waived. O")#" %%% "#CO+N%7#) A+#NT' AN) P$#A)#"' &. An# appearance* application or act in or to an# Court* re5uired or authoriBed "# law to "e made or done "# a part# in such Court* ma#* except where otherwise expressl# provided "# an# law for the time "eing in force* "e made or done "# the part# in person* or "# his recogniBed agent* or "# a pleader /appearing* appl#ing or acting* as the case ma# "e*2 on his "ehalf$ Provided that an# such appearance shall* if the Court so directs* "e made "# the part# in person. .. )he recogniBed agent of parties "# whom such appearances* applications and acts ma# "e made or done are% 'a( persons holding powers%of%attorne#* authoriBing them to ma1e and do ouch appearances* applications and acts on "ehalf of such parties '"( persons carr#ing on trade or "usiness for and in the names of parties not resident within the local limits of the 3urisdiction of the Court within which limits the appearance* application or act is made or done* in matters connected with such trade or "usiness onl# where no other agent is expressl# authoriBed to ma1e and do such appearances* applications and acts. 0.%'l( Processes served on the %recogniBed agent of a part# shall "e as effectual as if the same had "een served on the in person* unless the Court otherwise directs. '.( )he provisions for the service of process on a part# to a suit shall appl# to the service of process on his recogniBed agent. ./6%'l( Fo pleader shall act for an# person in unless he has "een appointed for the purpose "# such a document in writing signed "# such person or "# his agent or "# some other person dul# authoriBed "# power of attorne# to ma1e such appointment. '.( Ever# such appointment shall "e filed in Court arid shall "e deemed to "e in force until determined with the leave of the Court "# a writing signed "# the client or the pleader* as the case ma# "e* and filed in Court or until the client or the pleader dies* or until all proceedings in the suit are ended so far as regards the client.
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'0( <or the purposes of su"%rule '.( an application for review of 3udgment* an application* tinder section &66 or section &;. of this Code* an# appeal from an# decree or order in the suit end an# application or act for the purpose of o"taining copies of documents or return of documents produced or filed in the suit or of o"taining refund of monies paid into the Court in connection with the suit shall "e deemed to "e proceedings in the suit.
'6( )he High Court ma#* "# general order* direct that* where the person "# whom a pleader is appointed is una"le to write his name* his mar1 upon the document appointing the pleader shall "e attested "# such person and in such manner as ma# "e specified "# the order. ';( Fo pleader who has "een engaged for the purpose of pleading onl# shall plead on "ehalf of an# part#* unless he has filed in Court a memorandum of appearance signed "# himself and stating% 'a( the names of the parties to the suit* '"( the name of the part# for whom he appears* and 'c( the name of the person "# whom he is authoriBed to appear. Provided that nothing in this su"%rule shall appl# to an# pleader engaged to plead on "ehalf of an# part# "# an# other pleader who has "een dul# appointed to act in Court on "ehalf of such part#. ;. An# process served on the pleader of an# part# or left at the office or ordinar# residence of such pleader* and whether the same is for the personal appearance of the part# or not* shall "e presumed to "e dul# communicated and made 1nown to the part# whom the pleader represents* and* unless the Court otherwise directs* shall "e as effectual for all purposes as if the same had "een given to or served on the part# in person. 7.%'&( Iesides the recogniBed agents descri"ed in rule . an# person residing within the 3urisdiction of the Court ma# "e appointed an agent to accept service of process. '.( Such appointment ma#"e special or general and shall "e made "# an instrument in writing signed "# the principal* and such instrument or* if the appointment is general* a certified cop# thereof shall "e filed in Court. O")#" %V %N'T%T(T%ON OP '(%T'
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&.%'l( Ever# suit shall "e instituted "# presenting a plaint to the Court or such officer as it appoints in this "ehalf. '.( Ever# plaint shall compl# with the rules contained 8rders D! and D!!* so far as the# are applica"le. .. )he Court shall cause the particulars of ever# suit to "e entered in a "oo1 to "e 1ept for the purpose and called the register of civil suits. Such entries shall "e num"ered in ever# #ear according to the order in which the plaints are admitted.
O")#" V %''(# AN) '#"V%C# OF '(MMON' &.%%%%'l( When a suit has "een dul# instituted a summons ma# Summons "e issued to the defendant to appear and answer the claim on a da# to tie therein specified Provided that no defendant has appeared admitted the plaintiffCs claim. '.( A defendant to whom a summons has "een issued under su"%rule '!( ma# appear% 'a( in person* or '"( "# a pleader dul# instructed and a"le to answer all material 5uestions relating to the suit* or 'c( "# a pleader accompanied "# some person a"le to answer all such 5uestions. '0( Ever# such summons shall "e signed "# the Judge or such officer as he appoints* and shall "e sealed with the seal of the Court. .. Ever# summons shall "e accompanied "# a cop# of the plaint or* if so permitted* "# a concise statement. 0.%& Where the Court sees reason to re5uire the appearance of the defendant* the summons shall order him to appear in person in Court on the da# therein specified. '.( Where the Court sees reason to re5uire the personal appearance of the Plaintiff on the same da#* it shall ma1e an order for such appearance. 6. Fo part# shall "e ordered to appear in person unless he resides% 'a( within the local limits of the CourtCs ordinar# original 3urisdiction* or '"( without such limits "ut at a place less than fift# or 'where there is railwa# or steamer communication or other esta"lished pu"lic conve#ance for five%sixth of the distance "etween the place where he resides and the place where the Court is situate( less than two hundred miles distance from the Court%house.
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;. )he Court shall determine* at the time of issuing the summons* whether it shall "e for the settlement of issues onl#* or for the final disposal of the suit and the summons shall contain a direction accordingl# Provided that* in ever# suit heard "# a Court of Small Causes* the summons shall "e for the final disposal of the suit. 7. )he da# for the appearance of the defendant shall "e fixed with reference to the current "usiness of the Court* the place of residence of the defendant and the time necessar# for the service of the summons and the da# shall "e so fixed as to allow the defendant sufficient time to ena"le him to appear and answer on such da#. ?. )he summons to appear and answer shall order the defendant to produce all documents in his possession or power upon which he intends to rel# in support of his case. -. Where the summons is for the final disposal of t shall also direct the defendant to produce* on the da# his appearance* all witnesses upon whose evidence he ! rel# in support of his case. +.% '&( Where the defendant resides within the 3urisdiction of the Court in which the suit is instituted* or has an agent resident within that 3urisdiction who is empowered to accept the service of the summons* the summons shall* unless the Court otherwise directs* "e delivered or sent to the proper officer to "e served "# him or one of his su"ordinates. '.( )he proper officer ma# "e an officer of a Court other than that in which the suit is instituted* and* where he is such an officer* the summons ma# "e sent to him "# post or in such other manner as the Court ma# direct. &/'0( Enless the Court otherwise directs* the proper officer or an officer authoriBed "# him in this "ehalf shall cause the service of summons and return it to the Court within fifteen da#s of issue of summons.2 &,. Service of the summons shall "e made "# delivering or tendering a cop# thereof signed "# the Judge or such officer* as he appoints in this "ehalf* and sealed with the seal of the Court. ./&,%A.%'&( simultaneousl#* with the issue of summons under rule +* there shall "e sent* unless to the defendant* "# registered other cop# of the summons provided in rule &,. '.( An ac1nowledgement purporting to "e signed "# the defendant of the receipt of the registered communication or an endorsement "# a postal emplo#ee that the defendant refused to ta1e deliver# of the same shall "e deemed "# the Court issuing the summons to "e prima facie proof of service of summons. &&. Save as otherwise prescri"ed* defendants than one* service of the summons each defendant.
;+
&.. Wherever it is practica"le* service shall "e made on the defendant in person* unless he has an agent empowered to accept service* in which case service on such agent shall "e sufficient. &0.%'l( !n a suit relating to an# "usiness or wor1 against a person who does not reside within the local limits of the 3urisdiction of the Court from which the summons is issued* service on an# manager or agent* who* at the time of service* personall# carries on such "usiness or wor1s for such person within such limits* shall "e deemed good service. '.( <or the purpose of this rule the master of a ship shall "e deemed to "e the agent of the owner or character. &6. Where in a suit to o"tain relief respecting* or compensation for wrong to* immova"le propert#* service cannot "e made on the defendant in person* and the defendant has no agent empowered to accept the service* it ma# "e made on an# agent of the defendant in charge of the propert#. &;. Where in an# suit the defendant cannot "e found and has no agent empowered to accept service of the summons on his "ehalf* service ma# "e made on an# adult male mem"er of the famil# of the defendant who is residing with him. Explanation$ A servant is not a mem"er of the famil# within the meaning of this rule. &7. Where the serving officer delivers or tenders a cop# of the summons to the defendant personall#* or to an agent or other person on his "ehalf* he shall re5uire the signature of the person to whom the cop# is so delivered or tendered to an ac1nowledgment of service endorsed on the original summons. &?. Where the defendant or his agent or such other person as aforesaid refuses to sign the ac1nowledgment* or where the serving officer* after using all due and reasona"le diligence* cannot find the defendant* and there is no agent empowered to accept service of the summons on his "ehalf* nor an# other person on whom service can "e made* the serving officer shall affix a cop# of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinaril# resides or carries on "usiness or personall# wor1s for gain* and shall then return the original to the Court from which it was issued* with a report endorsed thereon or annexed thereto stating that he has so affixed the cop#* the circumstances under which he did so* and the name and address of the person 'if an#(* "# whom the house was identified and in whose presence the cop# was affixed. &-. )he serving officer shall* in all cases in which the summons has "een served under rule &7* endorse or annex* or cause to "e endorsed or annexed* on or to the original summons* a return stating the time when and the manner in which the summons was served* and the name and address of the person 'if an#( identif#ing the person served and witnessing the deliver# or tender of the summons.
7,
&+. Where a summons is returned under rule &?* the Court shall* if the return under that rule has not "een verified "# the affidavit of the serving officer* and ma#* if it has "een so verified* examine the serving officer on oath* or cause him to "e so examined "# another Court* touching his proceedings* and ma# ma1e such further in5uir# in the matter as it thin1s fit and shall either declare that the summons has "een dul# served or order such service as it thin1s fit. .,.%'l( Where the Court is satisfied that there is reason to "elieve that the defendant is 1eeping out of the wa# for the purpose of avoiding service* or that for na# other reason the summons cannot "e served in the ordinar# wa#* the Court shall order for service of the summons "#% 'a( affixing a cop# of the summons at some conspicuous part of the house* if an#* in which the defendant is 1nown to have last resided or carried on "usiness or personall# wor1ed for gain or '"( an# electronic device of communication which ma# include telegram* phonogram* telex* fax* radio and television or 'c( urgent mail service or pu"lic courier services or 'd( "eat of drum in the localit# where the defendant resides or 'e( pu"lication in press or 'f( an# other manner or mode as it ma# thin1 fit$ Provided that the Court ma# order the use of all or an# of the aforesaid manners and modes of service simultaneousl#2. '.( Service su"stituted "# order of the Court shall "e as effectual as if it had "een made on the defendant personall#. '0( Where service is su"stituted "# order of the Court* the Court shall fix such time for the appearance of the defendant as the case ma# re5uire /which shall not ordinaril# exceed fifteen da#s2. .&. A summons ma# "e sent "# the Court "# which it is issued* whether within or without the Province* either "# one of its officers or "# post to an# Court 'not "eing the High Court( having 3urisdiction in the place where the defendant resides. ... 8mitted "# the A. ,.* &+6+. .0. )he Court to which a summons is sent under rule . > > shall* upon receipt thereof* proceed as if it had "een issued "# such Court and shall then return the summons to the Court of issue* together with the record 'if an#( of its proceedings with regard thereto in a prison* the otherwise to the defendant.
7&
.;. Where the defendant resides out of 0/Pa1istan2 and has no agent in 0/Pa1istan2 empowered to accept service* the summons shall 6/except in the cases mentioned in rule .7%A2 "e addressed to the defendant at the place where he is residing and sent to him "# post. !f the is postal communication "etween such place and the place where the Court is situate. .7. Where$ % 'a( !n the enteric of an# foreign 0/or extra%provincial 3urisdiction vested in the Central '0ovcrnment(* a Political Agent has "een appointed* or a Court has "een esta"lished or continued* with power to serve a summons issued "# a Court under this Code in an# foreign territor# in which the defendant resides* or '"( 0/the Provincial =overnment2 has* "# notification in the of&icia! =aBette2* declared* in respect of an# Court situate !n an# such territor# and not esta"lished or con%wined in the exercise of an# such 3urisdiction as aforesaid that service "# such Court of an# summons 7/issued under this Code "# a Court of the Province2 shall "e deemed to "e valid service*2 the summons ma# "e sent to such Political Agent or Court* "# post or otherwise* for the purpose of "eing served upon the defendant and* if the Political Agent or Court returns the summons with an endorsement signed "# such Political Agent or "# the Judge or other officer of the Court that the summons has "een served on the defendant in manner herein"efore directed* such endorsement shall "e deemed to "e evidence of service. /.7%A. where the defendant is a servant 'not "elonging to the militar#* naval or air forces( of an# =overnment in !ndia* or civil pu"lic a servant of a railwa# compan# or local authorit# in !ndia* the officer or on summons together with a cop# of it to "e retained "# the defendant shall "e sent* with a re5uest that it ma# "e served on the defendant. 'a( !n the case of a defendant serving in connection with the affairs of the =overnment of !ndia or a servant of a Railwa# in !ndia* to the Secretar# to the =overnment of !ndia in the Ainistr# of Home Affairs* and '"( in the case of a defendant serving in connection with the affairs of an# other =overnment in !ndia* or in the case of a servant of a local authorit# in !ndia* to the Home Secretar# to that =overnment or* as the case ma# "e to the Home Secretar# to the =overnment in whose territories the local authorit# has its 3urisdiction. .?. Where the defendant is a pu"lic officer 'not "elonging to the armed forces of Pa1istan( or is the servant of a railwa# compan# or local authorit#* the Court ma#* if it appears to it that the summons ma# "e most convenientl# so served* send if for service on the defendant to the head of the office in which he is emplo#ed* together with a cop# to "e retained "# the defendant.
7.
.-. Where the defendant is a soldier* /sailor2 /or airman2 the Court shall send the summons for service to his commanding officer together with a cop# to "e retained "# the defendant. .+. '&( Where a summons is delivered or sent to an# person for service under rule .6* rule .? or rule .-* such person shall "e "ound to serve it* if possi"le* and to return it under his signature with the written ac1nowledgement of the defendant* and such signature shall "e deemed to "e evidence of service. '.( Were from an# cause service is impossi"le* the summons shall "e returned to the Court with a full statement of such cause and of the steps ta1en to procure service* and such statement shall "e deemed to "e evidence of non%service. 0,. '&( )he Court ma#* notwithstanding an#thing herein "efore contained* su"stitute for a summons a letter signed "# the Judge or such officer as he ma# appoint in this "ehalf* where the defendant is* in the opinion of the Court* of a ran1 entitling him to such mar1 of consideration. '.( A letter su"stituted under su"%rule '&( shall contain all the particulars re5uired to "e stated in summons* and* su"3ect to the provisions of su"%rule '0(* shall "e treated in all respects as a summons. '0( A letter so su"stituted ma# "e sent to the defendant "# post or "# a special messenger selected "# the Court* or in an# other manner which the Court thin1s fit and where the defendant has an agent empowered to accept service* the letter ma# "e delivered or sent to such agent. O")#" V% P$#A)%N+' +#N#"A$$& &. 4Pleading4 shall mean plaint or written statement. .. Ever# pleading shall contain* and contain onl#* a statement in a concise form of the material facts on which the part# pleading relies for his claim or defence* as the case ma# "e* "ut not the evidence "# which the# are to "e proved* and shall* when necessar#* "e divided into paragraphs* num"ered consecutivel#%:ates* sums and num"ers shall "e expressed in figures. 0. )he forms in Appendix A when applica"le* and where the# are not applica"le forms of the li1e character* as nearl# as ma# "e* shall "e used for all pleadings. 6. !n all cases in which the part# pleading relies on an# misrepresentation* fraud* "reach of trust* willful default* or undue influence* and in all other cases in which particulars ma# "e necessar# "e#ond such as are exemplified in the forms aforesaid* particulars 'with dates and items if necessar#( shall "e stated in the pleading.
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;. A further and "etter statement of nature of the claim or defence* or further and "etter particulars of an# matter stated in an# pleading* ma# in all cases "e ordered* upon such terms as to costs and otherwise* as ma# "e 3ust. 7. An# condition precedent the performance or occurrence of which is intended to "e contested* shall "e distinctl# specified in his pleading "# the plaintiff or defendant* as the case ma# "e and* su"3ect thereto* an averment of the performance or occurrence of all conditions precedent necessar# for the case of the plaintiff or defendant shall "e implied in his pleading. ?. Fo pleading shall* except "# wa# of amendment* raise an# new ground of claim or contain an# allegation of fact inconsistent with the previous pleadings of the part# pleading the same. -. Where a contract is alleged in an# pleading* a "are denial of the same "# the opposite% part# shall "e construed onl# as a denial in fact of the express contract alleged or of the matters of fact from which the same ma# "e implied* and not as a denial of the legalit# or sufficienc# in law of such contract. +. Wherever the contents of an# document are material* it shall "e sufficient in an# pleading to state the effect thereof as "riefl# as possi"le* without setting out the whole or an# part thereof* unless the precise words of the document or an# part thereof are material. &,. Wherever it is material to allege* malice fraudulent intention* 1nowledge or other condition of the mind of an# person* it shall "e sufficient to allege the same as a fact without setting out the circumstances from which the same is to "e inferred. &&. Wherever it is material to allege notice to an# person of an# fact* matter or thing* it shall "e sufficient to allege such notice as a fact* unless the form or the precise terms of such notice* or the circumstances from which such notice is to "e inferred* are material. &.. Whenever an# contract or an# relation "etween an# persons is to "e implied from a series of letters or conversations or otherwise from a num"er of circumstances* it shall "e sufficient to allege such contract or relation as a fact* and to refer generall# to such letters* conversations or circumstances without setting them out in detail. And if in such case the person so pleading desires to rel# in the alternative upon more contracts or relations than one as to "e implied from such circumstances* he ma# state the same in the alternative. &0. Feither part# need in an# pleading allege an# matter of fact which the law presumes in his favour or as to which the "urden of proof lies upon the other side unless the same has first "een specificall# denied 'e.g.* consideration for a "ill of exchange where the plaintiff sues onl# on the "ill and not for the consideration as a su"stantive ground of claim(.
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&6. Ever# pleading shall "e signed "# the part# and his pleader 'if an#($ Provided that where a part# pleading is* "# reason of a"sence or for other good cause* una"le to sign the pleading* it ma# "e signed "# an# person dul# authoriBed "# him to sign the same or to sue or defend on his "ehalf. &;. '&( Save as otherwise provided "# an# law for the time "eing in force* ever# pleading shall "e verified /on oath or solemn affirmation2 at the foot "# the part# or "# one of the parties pleading or "# some other person proved to the satisfaction of the Court to "e ac5uainted with the facts of the case. '.( )he person verif#ing shall specif#* "# reference to the num"ered paragraphs of the pleading* what he verifies of his own 1nowledge and what he verifies upon information '0( )he verification shall "e signed "# the person ma1ing it and shall state the date on which and the place at which it was signed. &7. )he Court ma# at an# stage of the proceedings order to "e struc1 out or amended an# matter in an# pleading which ma# "e unnecessar# or scandalous or which ma# tend to pre3udice* em"arrass or dela# the fair trial of the suit. &?. )he Court ma# at an# stage of the proceedings allow either part# to alter or amend his pleadings in such manner and on such terms as ma# "e 3ust* and all such amendments shall "e made as ma# "e necessar# for the purpose of determining the real 5uestions in controvers# "etween the parties. &-. !f a part# who has o"tained an order for leave to amend does not amend accordingl# within the time limited for that purpose "# the order* or if no time is there"# limited then within fourteen da#s from the date of the order* he shall not "e permitted to amend after the expiration of such limited time as aforesaid or of such fourteen da#s* as the case ma# "e* unless the time is extended "# the Court. O")#" V%% P$A%NT &. )he plaint shall contain the following particulars$% a( the name of the Court in which the suit is "rought "( the name* description and place of residence of the plaintiff c( the name* description and place of residence of the defendant* so far as the# can "e ascertained d( where the plaintiff or the defendant is a minor or a person of unsound mind* a statement to that effect e( the facts constituting the cause of action and when it arose
7;
f( the facts showing that the Court has 3urisdiction g( the relief which the plaintiff claims h( where the plaintiff has allowed a set%off or relin5uished a portion of his claim* the amount so allowed or relin5uished and i( a statement of the value of the su"3ect%matter of the suit for the purposes of 3urisdiction and of court%fees so far as the case admits. .. Where the plaintiff see1s the recover# of mone#* the plaint shall state the precise amount claimed Iut where the plaintiff sues for mesne profits* or for an amount which will "e found due to him on ta1ing unsettled accounts "etween him and the defendant* the plaint shall state approximatel# the amount sued for. 0. Where the su"3ect%matter of the suit is immova"le propert#* the plaint shall contain a description of the propert# sufficient to identif# it* and* in case such propert# can "e identified "# "oundaries or num"ers in a record of settlement of surve#* the plaint shall specif# such "oundaries or num"ers. 6. Where the plaintiff sues in a representative character the plaint shall show not onl# that he has an actual existing interest in the su"3ect%matter* "ut that he has ta1en the steps'if an#( necessar# to ena"le him to institute a suit concerning it. ;. )he plaint shall show that the defendant is or claims to "e interested in the su"3ect% matter* and that he is lia"le to "e called upon to answer the plaintiffCs demand. 7. Where the suit is instituted after the expiration of the period prescri"ed "# the law of limitation* the plaint shall show the ground upon which exemption from such law is claimed. ?. Ever# plaint shall state specificall# the relief which the plaintiff claims either simpl# or in the alternative* and it shall not "e necessar# to as1 for general or other relief which the plaintiff claims either simpl# or in the alternative* and it shall not "e necessar# to as1 for general or other relief which ma# alwa#s "e given as the Court ma# thin1 3ust to the same extent as if it had "een as1ed for. And the same rule shall appl# to an# relief claimed "# the defendant in his written statement. -. Where the plaintiff see1s relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds the# shall "e stated as far as ma# "e separatel# and distinctl#. +. )he plaintiff shall endorse on the plaint* or annex thereto* a list of the documents 'if an#( which he has produced along with it. &'A( /)he plaintiff shall present with his plaint % a( As man# copies on plain paper of the plaint as there are defendants* plus two extra
77
copies* unless the Court* "# reason of the length of the plaint or the num"er of the defendants* or for an# other sufficient reason* permits him to present a li1e num"er of concise statements of the nature of the claim made* or of the relief claimed in the suit* in which case he shall present such statements and "( :raft forms of summons and fees for service thereof2 .. Where the plaintiff sues* or the defendant or an# of the defendants is sued* in a representative capacit#* such statements shall show in what capacit# the plaintiff or defendant sues or is sued. 0. )he plaintiff ma#* "# leave of the Court* amend such statements so as to ma1e them correspond with the plaint. 6. )he chief ministerial officer of the Court shall sign such list and copies or statements if* on examination* he finds them to "e correct. &,%'&( )he plaint shall at an# stage of the suit "e returned to "e presented to the Court in which the suit should have "een instituted. '.( 8n returning a plaint the Judge shall endorse thereon the date of its presentation and return* the name of the part# presenting it* and a "rief statement of the reasons for returning it. &&. )he plaint shall "e re3ected in the following cases$% a( where it does not disclose a cause of action$ "( where the relief claimed is under%valued* and the plaintiff* on "eing re5uired "# the Court to correct the valuation within a time to "e fixed "# the Court* fails to do so$ c( where the relief claimed is properl# valued* "ut the plaint is written upon paper insufficientl# stamped* and the plaintiff* on "eing re5uired "# the Court to suppl# the re5uisite stamp%paper within a time to "e fixed "# the Court* fails to do so$ d( where the suit appears from the statement in the plaint to "e "arred "# an# law. &.. Where a plaint is re3ected the Judge shall record an order to that effect with the reasons for such order. &0. )he re3ection of the plaint on an# of the grounds herein"efore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. :ocuments relied on in Plaint &6.%'&( Where a plaintiff sues upon a document in his possession or power* he shall produce it in Court when the plaint is presented* and shall at the same time deliver the document or a cop# thereof to "e filed with the plaint. '.( Where he relies on an# other documents 'whether in his possession or power or not( as evidence in support of his claim* he shall enter such documents in a list to "e added or annexed to the plaint. &;. Where an# such document is not in the possession or power of the plaintiff* he shall* if possi"le* state in whose possession or power it is.
7?
&7. Where the suit is founded upon a negotia"le instrument* and it is proved that the instrument is lost* and an indemnit# is given "# the plaintiff* to the satisfaction of the Court* against the claims of an# other person upon such instrument* the Court ma# pass such decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented* and had at the same time delivered a cop# of the instrument to "e filed with the plaint. &?. % '&( Save in so far as is other wise provided "# he Ian1ersC Ioo1s Evidence Act* &-+&* where the document on which the plaintiff sues is an entr# in a shop%"oo1 or other account in his possession or power* the plaintiff shall produce the "oo1 or account a the time of filing the plaint* together with a cop# of the entr# on which he relies. '.( )he Court* or such officer as it appoints in this "ehalf* shall forthwith mar1 the document for the purpose of identification and after examining and comparing the cop# with the original* shall* if it is found correct* certif# it to "e so and return the "oo1 to the plaintiff and cause the cop# to "e filed. &- % '&( A document which ought to "e produced in Court "# the plaintiff when the plaint is presented* or to "e entered in the list to "e added or annexed to the pliant* and which is not produced* or entered accordingl#* shall not* without the leave of the Court* "e received in evidence on his "ehalf at the hearing of the suit. '.( Fothing in this rule applies to documents produced for cross%examination of the defendantCs witnesses* or in answer to an# case set up "# the defendant or handed to a witness merel# to refresh his memor#. &+ % '&( Ever# plaint or original petition shall "e accompanied "# a proceeding giving an address at which service of notice* summons or other process ma# "e made on the plaintiff or petitioner. '.( Plaintiffs or petitioners su"se5uentl# added shall immediatel# on "eing so added file a proceeding of this nature. '0( )he address filed under this rule shall "e entered in the Register of suits maintained under 8rder !D* rule .. .,. An address for service filed under the preceding rule shall "e within the local limits of the :istrict Court within which the suit or petition is filed* or of the :istrict Court within which the part# ordinaril# resides. .&. Where a plaintiff or petitioner fails to file an address for service* he shall "e lia"le to have his suit dismissed or his petition re3ected "# the Court suo motto or an# part# ma# appl# for an order to that effect and the Court ma# ma1e such order as it thin1s 3ust. ... '&( Where a part# is not found at the address given "# him for service and no agent or adult male mem"er of his famil# on whom a notice* summons or other process can "e
7-
served is present* a cop# of the notice* summons or other process shall "e fixed to the outer door of the house. '.( !f* on the date fixed* such part# is not present* another date shall "e fixed and a cop# of the notice* summons or other process shall "e sent to the said address "# registered post* and such service shall "e deemed to "e as effectual as if the notice* summons or other process had "een personall# served. .0. Where a part# engages a pleader* notices summons or other processes for service on him shall "e served in the manner prescri"ed "# 8rder !!!* rule ;* unless the Court directs service at the address for service given "# the part#. .6. A part# who desires to change the address for service given "# him as aforesaid shall file a verified petition* and the Court ma# direct the amendment of the record accordingl#. Fotice of such petition shall "e given to such other parties to the suit as the Court ma# deem it necessar# to inform* and ma# "e either served upon the pleaders for such parties or "e sent to them "# registered post* as the Court thin1s fit. .;. Fothing in these rules shall prevent the Court from directing the service of a notice* summons or other process in an# other manner* if for an# reasons* it thin1s fit to do so. .7 % '&( !n ever# suit of the nature referred to in rule 0* 8rder 99!!* the plaint shall "e accompanied "# a statement giving % 'a( the names and addresses of the persons who* in the event of the death of the plaintiff* ma# "e made a part# as his legal representatives '"( the name and address of the person who* in the event of the death of the plaintiff* shall intimate such fact to the Court* furnish the Court with the names* particulars and addresses of the legal representatives of the plaintiff and ma1e an application for the legal representatives to "e made a part#. '.( A plaintiff ma# at an# time % 'a( file in the Court an amended list* of his presumptive legal representatives '"( nominate another person* in the place of the person nominated under clause '"( of su"%rule '&(* for the purposes of that clause. '0( A nomination made under clause '"( of su"%rule '&( shall* unless varied under clause '"( of su"%rule '.(* remain in force throughout the pendenc# of the suit and an# proceedings a rising therefrom* including appeal* revision and review. O")#" V%%% 3"%TT#N 'TAT#M#NT AN) '#T/OFF
7+
&. )he defendant ma#* and* if so re5uired "# the Court* shall at or "efore the first hearing or within such time as the Court ma# permit* permit* present a written statement of his defence$ /Provided that the period allowed for filing the written statement shall not ordinaril# exceed/thirt#2 da#s2 .. )he defendant must raise "# his pleading all matters* which show the suit not to "e maintaina"le* or that the transaction is either void or voida"le in point of law* and all such grounds of defence as* if not raised* would raise issues of fact not arising out of the plaint* as* for instance* fraud* limitation* release* pa#ment* performance* or facts showing illegalit#. 0. !t shall not "e sufficient for a defendant in his written statement to den# generall# the grounds alleged "# the plaintiff* "ut the defendant must deal specificall# with each allegation of fact of which he does not admit the truth* except damages. 6. Where a defendant denies an allegation of fact in the plaint* he must not do so evasivel#* "ut answer the point of su"stance. )hus* if it is alleged that he received a certain sum of mone#* it shall not "e sufficient to den# that he received that particular amount* "ut he must den# that he received that sum or an# pa# thereof* or else set "ut how much he received. And if an allegation is made with diverse circumstances* it shall not "e sufficient to den# it along with those circumstances. ;. Ever# allegation of fact in the plaint* if not denied specificall# or "# necessar# implication* or stated to "e not admitted in the pleading of the defendant* shall "e ta1en to "e admitted except as against a person under disa"ilit#$ Provided that the Court ma# in its discretion re5uire an# fact so admitted to "e proved otherwise than "# such admission. 7.%'&( Where in suit for the recover# of mone# the defendant claims to set%off against the plaintiffCs demand an# ascertained sum of mone# legall# recovera"le "# him from the plaintiff* not exceeding the pecuniar# limits of the 3urisdiction of the Court* and "oth parties fill the same character as the# fill in the plaintiffCs suit* the defendant ma#* at the first hearing of the suit* "ut not afterwards unless permitted "# the Court* present a written statement containing the particulars of the de"t sought to "e se%off. '.()he written statement shall have the same effect as a plaint in a cross%suit so as to ena"le the Court to pronounce a final 3udgement in respect "oth of the original claim and of the set%off$ "ut this shall not effect the lien* upon he amount decreed* of an# pleader in respect of the costs pa#a"le to him under the decree. '0( )he rules relating to a written statement "# a defendant appl# to a written statement in answer to a claim of set%off. %llustratio.s
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'a( A "e5ueaths Rs..*,,, to I and appoints C his executor and residuar# legatee. I dies and : ta1es out administrations to ICs effects. C pa#s Rs.&*,,, as suret# for : then : sues C for the legac#. C cannot set%off the de"t of Rs.&*,,, against the legac#* for neither C nor : fills the same character with respect to the legac# as the# fill with respect to the pa#ment of the Rs.&*,,,. '"( A dies intestate and in de"t to I* C ta1es out administration to ACs effects and I "u#s parts of the effects from C. !n a suit for the purchase mone# "# C against I* the latter cannot set%off the de"t against the price* for C fills two different characters* one as the vendor to I* in which he sues I* and the other as representative to A. 'c( A sues I on a "ill of exchange. I alleges that A has wrongfull# neglected to insure ICs goods and is lia"le to him in compensation which he claims to set%off. )he amount not "eing ascertained cannot "e set%off. 'd( A sues I on a "ill of exchange for Rs.;,, . I holds a 3udgment against A for Rs.&*,,,. )he two claims "eing "oth definite pecuniar# demands ma# "e set%off. 'e( A sues I for compensation on account of trespass. I holds a promissor# note for Rs.&*,,, from A and claims to set%off that amount against an# sum that A ma# recover in the suit. I ma# do so for as soon as A recovers "oth sums as definite pecuniar# demands. 'f( A and I sue C for Rs.&*,,, . C cannot set%off a de"t due to him "# A alone. 'g( A sues I and C for Rs.&*,,,. I cannot set%off a de"t due to him alone "# A. 'h( A with the partnership firm of I and C Rs.&,,,. I dies leaving C surviving. A sues C for a de"t of Rs.&*;,, due in his separate character. C ma# set%off the de"t of Rs.&*,,,. ?.Where the defendant relies upon several distinct grounds of defence or set%off founded upon separate and distinct facts* the# shall "e stated* as far as ma# "e separatel# and distinctl#. -. An# ground of defence which has arisen after the institution of the suit or the presentation of a written statement claiming a set%off ma# "e raised "# the defendant or plaintiff* as the case ma# "e in his written statement. +. Fo pleading su"se5uent to the written statement of a defendant other than "# wa# of defence to a set%off shall "e presented except "# the leave of the Court and upon such terms as the Court thin1s fit* "ut the Court ma# at an# time re5uire a written statement or additional written statement from an# of the parties and fix a time for presenting the same. &,. Where an# part# from whom a written statement is so re5uired fails to present the same within the time fixed "# Court* the Court ma# pronounce 3udgment against him* or ma1e such order in relation to the suit as it thin1s fit. /&&. % '&( Ever# part#* whether original* added or su"stituted* who appears in an# suit or other proceeding* shall* on or "efore the date fixed in the summons* notice or other process served on him* file in Court a proceeding stating his address for service. '.( Such address shall "e entered in the Register of suits to "e maintained under 8rder* !D rule ..
?&
'0( Rules .,* .0* .6 and .; of 8rder D!! shall appl#* so far as ma# "e* to addresses for service filed under this rule. &..%'&( Where a part# fails to file address for service as provided in the preceding rule* he shall "e lia"le to have his defence* if an#* struc1 out and to "e placed in the same position as if he had not defended. '.( )he Court ma# pass an order under su"%rule '&( suo motu or on the application of an# part#. &0 % '&( !n ever# suit of the nature referred to in rule 6* 8rder 99!!* the written statement shall "e accompanied "# a statement giving % a( the names and addresses of the persons who* in the event of the death of the defendant* ma# "e made a part# as his legal representatives "( the name and address of the person* who in the event of the death of the defendant* shall intimate such fact to the Court* furnish the Court with the names* particulars and addresses of the legal representatives of the defendant and ma1e an application for the legal representatives to "e made a part#. '.( A defendant ma# at an# time % a( file in the Court an amended list of his presumptive representatives "( nominate another person* in the place of the person nominated under clause '"( of su"% rule '&( for the purposes of that clause. '0( A nomination made under clause '"( of su"%rule '&( shall* unless varied under clause '"( of su"%rule '.(* remain in force throughout the pendenc# of the suit and an# proceedings arising therefrom* including appeal* revision of review.2 O")#" %2 APP#A"ANC# OF PA"T%#' AN) CON'#0(#NC# OF NON/APP#A"ANC# &. 8n the da# fixed in the summons for the defendant to appear and answer* the parties shall "e in attendance at the Court house in person or "# their respective pleaders* and the suit shall then "e heard unless the hearing is ad3ourned to a future d# fixed "# the Court. .. Where on the da# so fixed it is found that the summons has not "een served upon the defendant in conse5uence of the failure of the plaintiff to pa# the court%fee or postal charges 'if an#( chargea"le for such service* the Court ma# ma1e an order that the suit "e dismissed$ Provided that no such order shall "e made although the summons has not "een served upon the defendant* if on the da# fixed for him to appear and answer he attends in person or "# agent when he is allowed to appear "# agent.
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0. Where neither part# appears when the suit is called on for hearing* the Court ma# ma1e an order that the suit "e dismissed. 6. Where a suit is dismissed under rule . or rule 0* the plaintiff ma# 'su"3ect to the law of limitation( "ring a fresh suit or he ma# appl# for an order to set the dismissal aside* and if he satisfies the Court that there was sufficient cause for his not pa#ing the court%fee and postal charges 'if an#( re5uired within the time fixed "efore the issue of the summons* or for his non%appearance* as the case ma# "e* the Court shall ma1e an order setting aside the dismissal and shall appoint a da# for proceeding with the suit. ;.% /'&( Where after a summons has "een issued to the defendant* or to one of several defendants* and returned unserved* the plaintiff fails* for a period of three months from the date of the return made to the Court "# the officer ordinaril# certif#ing to the Court returns made "# the serving officers* to appl# for the issue of a fresh summons the Court shall ma1e an order that the suit "e dismissed as against such defendant* unless the plaintiff has within the said period satisfied the Court that % a( he has failed after using his "est endeavours to discover the residence of the defendant who has not "een served* or "( such defendant is avoiding service of process* or c( there is an# other sufficient cause for extending the time* in which case the Court ma# extend the time for ma1ing such application for such period as it thin1s fit. '.( !n such case the plaintiff ma# 'su"3ect to the law of limitation( "ring a fresh suit. 7 % '&( Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing* then % 'a( if it is proved that the summons was dul# served* the Court ma# proceed ex parte /and pass decree without recording evidence2. '"( !f it is not proved that the summons was dul# served the Court shall direct a second summons to "e issued and served on the defendant 'c( !f it is proved that the summons was served on the defendant* "ut not in sufficient time to ena"le him to appear and answer on the da# fixed in the summons* the Court shall postpone the hearing of the suit to a future da# to "e fixed "# the Court and shall direct notice of such da# to "e given to the defendant. '.( Where it is owing to the plaintiffCs default that the summons was not dul# served or was not served in sufficient time* the Court shall order the plaintiff to pa# the costs occasioned "# the postponement. ?. Where the Court has ad3ourned the hearing of the suit ex parte and the defendant at or "efore such hearing* appears and assigns good cause for his previous non%appearance* he ma# upon such terms as the Court directs as to costs or otherwise "e heard in answer to the suit as if he had appeared on the da# fixed for his appearance. -. Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing* the Court shall ma1e an order that the suit "e dismissed* unless the
?0
defendant admits the claim* or part thereof in which case the Court shall pass a decree against the defendant upon such admission* and* where part onl# of the claim has "een admitted* shall dismiss the suit so far as it relates to the remainder. +. % '&( Where a suit is wholl# or partl# dismissed under rule -. the plaintiff shall "e pecluded from "ringing a fresh suit in respect of the same cause of action. Iut he ma# appl# for an order to set the dismissal aside* and if he satisfies the Court that there was sufficient cause for his non%appearance when the suit was called on for hearing* the Court shall ma1e an order setting aside the dismissal upon such terms as to costs or otherwise as it thin1s fit and shall appoint a da# for proceeding with the suit. '.( Fo order shall "e made under this rule unless notice of the application has "een served on the opposite part#. /'0( )he provisions of section ; of the @imitation Act &+,- '!9 of &+,-(* shall appl# to applications under su"%rule '&(.2 &,. Where there are more plaintiffs than one and* one or more of them appear* and the others do not appear* the Court ma#* at the instance of the plaintiff or plaintiffs appearing* permit the suit to proceed in the same wa# as if all the plaintiffs had appeared* or ma1e such order as it thin1s fit. &&. Where there are more defendants than one and one or more of them appear and the others do not appear the suit shall proceed* and the Court shall a the time of pronouncing 3udgment ma1e such order as it thin1s fit with respect to the defendants who do not appear. &.. Where a plaintiff or defendant who has "een ordered to appear in person does not appear in person or show sufficient cause to the satisfaction of the Court for failing so to appear he shall "e su"3ect to all the provisions of the foregoing rules applica"le to plaintiffs and defendants* respectivel#* who do not appear. 'etti.8 aside )ecree #s -arte &0. /'&(2 !n an# case in which a decree is passed ex parte against a defendant he ma# appl# to the Court "# which the decree was passed for an order to set it aside and if he satisfies the Court that the summons was not dul# served* or that he was prevented "# an# sufficient cause from appearing when the suit was called on for hearing* the Court shall ma1e an order setting aside the decree as against him upon such terms as to costs* pa#ment into Court or otherwise as it thin1s fit* and shall appoint a da# for proceeding with the suit$ Provided that where the decree is of such a nature that it cannot "e set aside as against such defendant onl# it ma# "e set aside as against all or an# of the other defendants also$ /Provided further that no decree passed ex parte shall "e set aside merel# on the ground of an# irregularit# in the service of summons* if the Court is satisfied for reason to "e accorded* that the defendant had 1nowledge of the date of hearing in sufficient time to appear on that date and answer the claim2.
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/'.( )he provisions of section ; of the @imitation Act &+,- '9 of &+,-(* shall appl# to applications under su"%rule '&(2. &6. Fo decree shall "e set aside on an# such application as aforesaid unless notice thereof has "een served on the opposite part#. O")#" 2 #2AM%NAT%ON' OF PA"T%#' 1& T4# CO("T &. At the first hearing of the suit the Court shall ascertain from each part# or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement 'if an#( of the opposite part#* and as are not expressl# or "# necessar# implication admitted or denied "# the part# against whom the# are made. )he Court shall record such admissions and denials. .. At the first hearing of the suit or at an# su"se5uent hearing* an# part# appearing in person or present in Court or an# person a"le to answer an# material 5uestions relating to the suit "# whom such part# or his pleader is accompanied/shall2"e examined orall# "# the Court and the Court ma#* if it thin1s fit* pu in the course of such examination 5uestions suggested "# either part#. 0. )he su"stance of the examination shall "e reduced to writing "# the Judge* and shall form part of the record. 6.% '&( Where the pleader of an# part# who appears "# a pleader or an# such person accompan#ing a pleader as is referred to in rule .* refuses or is una"le to answer an# material 5uestion relating to the suit which the Court is of opinion that the part# whom he represents ought to answer* and is li1el# to "e a"le to answer if interrogated in person* the Court ma# postpone the hearing of the suit to a future da# and direct that such part# shall appear in person on such da#. '.( !f such part# fails without lawful excuse to appear in person on the da# so appointed* the Court ma# pronounce 3udgment against him* or ma1e such order in relation to the suit as it thin1s fit. O")#" 2% )%'COV#"& AN) %N'P#CT%ON &. !n an# suit the plaintiff or defendant "# leave of the Court ma# deliver interrogatories in writing for the examination of the opposite%parties or an# one or more of such parties* and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is re5uired to answer$ Provided that no part# shall deliver more than one set of interrogatories to the same part# without an# order for
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that purpose$ Provided also that interrogatories which do not relate to an# matters in 5uestion in the suit shall "e deemed irrelevant* notwithstanding that the# might "e admissi"le on the oral cross%examination of a witness. .. 8n an application for leave to deliver interrogatories* the particular interrogatories proposed to "e delivered shall "e su"mitted to the Court. !n deciding upon such application* the Court shall ta1e into account an# offer* which ma# "e made "# the part# sought to "e interrogated to deliver particulars or to ma1e admissions or to produce documents relating to the matters in 5uestion* or an# of them* and leave shall "e given as to such onl# of the interrogatories su"mitted as the Court shall consider necessar# either for disposing fairl# of the suit or for saving costs. 0. !n ad3usting the costs of the suit in5uir# shall at the instance of an# part# "e made into the propriet# of exhi"iting such interrogatories and if it is the opinion of the taxing officer or of the Court* either with or without an application for in5uir#* that such interrogatories have "een exhi"ited unreasona"l#* vexatiousl#* or at improper length* the costs occasioned "# the said interrogatories and the answers thereto shall "e paid in an# event "# the part# in fault. 6. !nterrogatories shall "e in <orm Fo.. in Appendix C with such variations as circumstances ma# re5uire. ;. Where an# part# to a suit is a corporation or a "od# of persons* whether incorporated or not* empowered "# law to sue or "e sued* whether in its own name or in the name of an# officer or other person* an# opposite%part# ma# appl# for an order allowing him to deliver interrogatories to an# mem"er or officer of such corporation or "od#* and an order ma# "e made accordingl#. 7. An# o"3ection to answering an# interrogator# on the ground that it is scandalous or irrelevant or not exhi"ited "ona fide for the purpose of the suit* or that the matters in5uired into are not sufficientl# material at that stage* or on an# other ground* ma# "e ta1en in the affidavit in answer. ?. An# interrogatories ma# "e set aside on the ground that the# have "een exhi"ited unreasona"l# or vexatiousl#* or struc1 out on the ground that the# are prolix* oppressive* unnecessar# or scandalous and an# application for this purpose ma# "e made within seven da#s after service of the interrogatories. -. !nterrogatories shall "e answered "# affidavit to "e filed within ten da#s* or within such other time as the Court ma# allow. +. An affidavit in answer to interrogatories shall "e in <orm Fo.0 in Appendix C* with such variations as circumstances ma# re5uire.
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&,. Fo exception shall "e ta1en to an# affidavit in answer* "ut the sufficienc# or otherwise of an# such affidavit o"3ected to as insufficient shall "e determined "# the Court. &&. Where an# person interrogated omits to answer* or answers insufficientl#* the part# interrogating ma# appl# to the Court for an order re5uiring him to answer or to answer further* as the case ma# "e. And an order ma# "e made re5uiring him to answer or answer further* either "# affidavit or "# viva voce examination* as the Court ma# direct. &.. An# part# ma#* without filing an# affidavit appl# to the Court for an order directing an# other part# to an# suit to ma1e discover# on oath of the documents which are or have "een in his possession or power* relating to an# matter in 5uestion therein. 8n the hearing of such application the Court ma# either refuse or ad3ourn the same* if satisfied that such discover# is not necessar#* or not necessar# at that stage of the suit* or ma1e such order* either generall# or limited to certain classes of documents* as ma#* in its discretion* "e "rought fit$ Provided that discover# shall not "e ordered when and so far as the Court shall "e of opinion that it is not necessar# either for disposing fairl# of the suit or for saving costs. &0. )he affidavit to "e made "# a part# against whom such order as is mentioned in the last preceding rule has "een made shall specif# which 'if an#( of the documents therein mentioned he o"3ects to produce* and it shall "e in <orm Fo.; in Appendix C with such variations as circumstances ma# re5uire. &6. !t shall "e lawful for the Court at an# time during the pendenc# of an# suit* to order the production "# an# part# thereto* upon oath* of such of the documents in his possession or power* relating to an# matter in 5uestion in such suit* as the Court shall thin1 right and the Court ma# deal with such documents* when produced* in such manner as shall appear 3ust. &;. Ever# part# to a suit shall "e entitled at an# time to give notice to an# other part#* in whose pleadings or affidavits reference is made to an# document* to produce such document for the inspection of the part# giving such notice* or of his pleader* and to permit him or them to ta1e copies thereof and an# part# not compl#ing with such notice shall not afterwards "e at li"ert# to put an# such document in evidence on his "ehalf in such suit unless he shall satisf# the Court that such document relates onl# to his own title* he "eing a defendant to the suit* or that he had some other cause or excuse which the Court shall deem sufficient for not compl#ing with such notice* in which the Court ma# allow the same to "e put in evidence on such terms as to costs and otherwise as the Court shall thin1 fit. &7. Fotice to an# part# to produce an# documents referred to in his pleading or affidavits shall "e in <orm Fo.? in Appendix C* with such variations as circumstances ma# re5uire. &?. )he part# to whom such notice is given shall* within ten da#s from the receipt of such notice* deliver to the part# giving the same a notice stating a time within three da#s from
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the deliver# thereof a which the documents* or such of them as he does not o"3ect to produce* ma# "e inspected at the office of his pleader* or in the case of "an1ersC "oo1s or other "oo1s of account or "oo1s in constant use for the purposes of an# trade or "usiness* at their usual place of custod#* and stating which 'if an#( of the documents he o"3ects to produce* and on what ground. Such notice shall "e in <orm Fo.- in Appendix C* with such variations as circumstances ma# re5uire. &-.%'&( Where the part# served with notice under rule &; omits to give such notice of a time for inspection or o"3ects to give inspection* or offers inspection elsewhere than at the office of his pleader* the Court ma#* on the application of the part# desiring it ma1e an order for inspection in such place and in such manner as it ma# thin1 fit$ Provided that the order shall not "e made when and so far as the Court shall "e of the opinion that it is not necessar# either for disposing fairl# of the suit or for saving costs. '.( An# application to inspect documents* except such as are referred to in the pleadings* particulars or affidavits of the part# against whom the application is made or disclosed in his affidavit of documents* shall "e founded upon an affidavit showing of what documents inspection is sought* that the part# appl#ing is entitled to inspect them and that the# are in the possession or power of the other part#. )he Court shall not ma1e such order for inspection of such documents when and so far as the Court shall "e of opinion that it is not necessar# either for disposing fairl# of the suit or for saving costs. &+ % '&( Where inspection of an# "usiness "oo1s is applied for the Court ma#* if it thin1s fit* instead of ordering inspection of the original "oo1s* order a cop# of an# entries therein to "e furnished and verified "# the affidavit of some person who has examined the cop# with the original entries* and such affidavit shall state whether or not there are in the original "oo1 an# and what erasures* interlineations or alterations Provided that* notwithstanding that such cop# has "een supplied the Court ma# order inspection of the "oo1 from which the cop# was made. '.( Where on an application for an order for inspection privilege is claimed for an# document it shall "e lawful for the Court to inspect the document for the purpose of deciding as to the validit# of the claim of privilege. '0( )he Court ma#* on the application of an# part# to a suit at an# time* and whether an affidavit of documents shall or shall not have alread# "een ordered or made* ma1e an order re5uiring an# other part# to state "# affidavit whether an# one or more specific documents* to "e specified in the application* is or are* or has or have at an# time "een in his possession or power* and* if not then in his possession* when he parted with the same and what has "ecome thereof. Such application shall "e made on an affidavit stated that in the "elief of the deponent the part# against whom the application is made has* or has at sometime had* in his possession or power the document or documents specified ! the application* and that the# relate to the matters in 5uestion in the suit* or to some of them. .,. Where the part# from whom discover# of an# 1ind or inspection is sought o"3ects to the same* or an# part thereof* the Court ma#* if satisfied that the right to the discover# or
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inspection sought depends on the determination of an# issue or 5uestion in dispute in the suit* or that for an# other reason it is desira"le that an# issue or 5uestion in dispute in the suit should "e determined "efore deciding upon the right to the discover# or inspection* order that such issue or 5uestion "e determined first* and reserve the 5uestion as to the discover# or inspection. .&. Where an# part# fails to compl# with an# order to answer interrogatories* or for discover# or inspection of documents he shall* if a plaintiff* "e lia"le to have his suit dismissed for want of prosecution* and* if a defendant* to have his defend* if an#* struc1 out* and to "e placed in the same position as if he had not defended* and the part# interrogating or see1ing discover# or inspection ma# appl# to the Court for an order to that effect and an order ma# "e made accordingl#. ... An# part# ma#* at the trial of a suit* use in evidence an# one or more of the answers or an# part of an answer of the opposite%part# to interrogatories without putting in the others or the whole of such answer$ Provided alwa#s that in such case the Court ma# loo1 at the whole of the answers* and if it shall "e of opinion that an# others of them are so connected with those put in that the last%mentioned answers ought not to "e used without them* it ma# direct them to "e put in. .0. )his order shall appl# to minor plaintiffs and defendants* and to the next friends and guardians for the suit of persons under disa"ilit#. O")#" 2%% A)M%''%ON' &. An# part# to a suit ma# give notice* "# his pleading or otherwise in writing* that he admits the truth of the whole or an# part of the case of an# other part#. .. Either part# ma# call upon the other part# to admit an# document* saving all 3ust exceptions and in case of refusal or neglect to admit* after such notice* the costs of proving an# such document shall "e paid "# the part# so neglecting or refusing* whatever the result of the suit ma# "e* unless the Court otherwise directs and no costs of proving an# document shall "e allowed unless such notice is given* except where the omission to give the notice is in the opinion of the Court a saving of expense. 0. A notice to admit documents shall "e in <orm Fo.+ in Appendix C* with such variations as circumstances ma# re5uire. 6. An# part# ma#* "# notice in writing* at an# time not later than nine da#s "efore the da# fixed for the hearing* call on an# other part# to admit* for the purposes of the suit onl#* an# specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within six da#s after service of such notice* or within such further time as ma# "e allowed "# the Court* the costs of proving such fact or facts shall "e paid "# the
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part# so neglecting or refusing* whatever the result of the suit ma# "e unless the Court otherwise directs$ Provided that an# admission made in pursuance of such notice is to "e deemed to "e made onl# for the purposes of the particular suit* and not as an admission to "e used against the part# on an# other occasion or in favour of an# person other than the part# giving the notice$ Provided also that the Court ma# at an# time allow an# part# to amend or withdraw an# admission so made on such terms as ma# "e 3ust. ;. A notice to admit facts shall "e in <orm Fo.&, in Appendix C and admissions of facts shall "e in <orm Fo.&& in Appendix C* with such variations as circumstances ma# re5uire. 7. An# part# ma#* at an# stage of a suit* where admissions of fact have "een made* either on the pleadings* or otherwise* appl# to the Court for such 3udgment or order as upon such admissions he ma# "e entitled to* without waiting for the determination of an# other 5uestion "etween the parties$ and the Court ma# upon such application ma1e such order* or give such 3udgment as the Court ma# thin1 3ust. ?. An affidavit of the pleader or his cler1* of the due signature of an# admissions made in pursuance of an# notice to admit documents of facts* shall "e sufficient evidence of such admissions* if evidence thereof is re5uired. -. Fotice to produce documents shall "e in <orm Fo.&. in Appendix C with such variations as circumstances ma# re5uire. An affidavit of the pleader* or his cler1* of the service of an# notice to produce* and of the time when it was served* with a cop# of the notice to produce* shall in all cases "e sufficient evidence of the service of the notice* and of the time when it was served +. !f a notice to admit or produce specifies documents which are not necessar# the costs occasioned there"# shall "e "orne "# the part# giving such notice. O")#" 2%%% P"O)(CT%ON, %MPO(N)%N+ AN) "#T("N OF )OC(M#NT' &. % '&( )he parties or their pleaders shall produce* at the first hearing of the suit* all the documentar# evidence of ever# description in their possession or power* on which the# intend to rel#* and which has not alread# "een filed in Court* and all documents which the Court has ordered to "e produced. '.( )he Court shall receive the documents so produced$ Provided that the# are accompanied "# an accurate list thereof prepared in such form as the High Court directs. /'0( 8n production of documents under this rule* the Cour ma# call upon the parties to admit or den# the documents produced in the Court and record their admission or* as the case ma# "e denial2.
-,
.. Fo documentar# evidence in the possession or power of an# part# which should have "een "ut has not "een produced in accordance with the re5uirements of rule & shall "e received at an# su"se5uent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non%production thereof and the Court receiving an# such evidence shall record the reasons for so doing. 0. )he Court ma# at an# stage of the suit re3ect an# document which it considers irrelevant or otherwise inadmissi"le* recording the ground of such re3ection. 6.%'&( Su"3ect to the provisions of the next following su"%rule there shall "e endorsed on ever# document which has "een admitted in evidence in the suit the following particulars namel#$% a( the num"er and title of the suit* "( the name of the person producing the document* c( the date on which it was produced* and d( a statement of its having "een so admitted and the endorsement shall "e signed or initialled "# the 3udge. '.( Where a document so admitted is an entr# in a "oo1* account or record* and a cop# thereof has "een su"stituted for the original under the next following rule* the particulars aforesaid shall "e endorsed on the cop# and the endorsement thereon shall "e signed or initialled "# the Judge. ;%'&( Save in so far as is otherwise provided "# the Ian1erCs Ioo1s Evidence Act* &-+&* where a document admitted in evidence in the suit is an entr# in a letter%"oo1 or a shop% "oo1 or other account in current use* the part# on whose "ehalf the "oo1 or account is produced ma# furnish a cop# of the entr#. '.( Where such a document is an entr# in a pu"lic record produced from a pu"lic office* or "# a pu"lic officer* or an entr# in a "oo1 or account "elonging to a person other than a part# on whose "ehalf the "oo1 or account is produced* the Court ma# re5uire a cop# of the entr# to "e furnished % 'a( where the record* "oo1 or account is produced on "ehalf of a part#* then "# that part#* or '"( where the record* "oo1 or account is produced in o"edience to an order of the Court acting of its own motion* then "# either or an# part#. '0( Where a cop# of an entr# is furnished under the foregoing provisions of this rule* the Court shall* after causing the cop# to "e examined* compared and certified in manner mentioned in rule &? of 8rder D!!* mar1 the entr# and cause he "oo1* account or record in which it occurs to "e returned to the person producing it. 7. Where a document relied on as evidence "# either part# is considered "# the Court to "e inadmissi"le in evidence* there shall "e endorsed thereon the particulars mentioned in
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clauses 'a(* '"( and 'c( of rule 6* su"%rule '&( together with a statement of its having "een re3ected* and the endorsement shall "e signed or initialled "# the Judge. ?.%'&( Ever# document which has "een admitted in evidence or a cop# thereof where a cop# has "een su"stituted for the original under rule ;* shall form part of the record of the suit. '.( :ocuments not admitted in evidence shall not form part of the record and shall "e returned to the persons respectivel# producing them. -. Fotwithstanding an#thing contained in rule ; or rule ? of this 8rder or in rule &? of 8rder D!!* the Court ma#* if it sees sufficient cause* direct an# document or "oo1 produced "efore it in an# suit to "e impounded and 1ept in the custod# of an officer of the Court for such period and su"3ect to such conditions as the Court thin1s fit. +.%'&( An# person* whether a part# to the suit or not* desirous of receiving "ac1 an# document produced "# him in the suit and placed on the record shall* unless the document is impounded under rule -* "e entitled to receive "ac1 the same*% 'a( where the suit is one in which an appeal is not allowed* when the suit has "een disposed of* and '"( where the suit is one in which an appeal is allowed when the Court is satisfied that the time for preferring an appeal has elapsed and that no appeal has "een preferred or* if an appeal has "een preferred* when the appeal has "een disposed of$ Provided that a document ma# "e returned at an# time earlier than that prescri"ed "# this rule if the person appl#ing therefor delivers to the proper officer a certified cop# to the su"stituted for the original and underta1es to produce the original if re5uired to do so$ Provided also that no document shall "e returned which* "# for ce of the decree* has "ecome wholl# void or useless. '.( 8n the return of a document admitted in evidence* a receipt shall "e given "# the person receiving it. &,.%'&( )he Court ma# of its own motion* and ma# in its discretion upon the application of an# of the parties to a suit* send for* either from its own records or from an# other Court* the record of an# other suit or proceeding* and inspect the same. '.( Ever# application made under this rule shall 'unless the Court otherwise directs( "e supported "# an affidavit showing how the record is material to the suit in which the application is made* and that the applicant cannot without unreasona"le dela# or expense o"tain a dul# authenticated cop# of the record or of such portion thereof as the applicant re5uires* or that the production of the original is necessar# for the purposes of 3ustice.
-.
'0( Fothing contained in this rule shall "e deemed to ena"le the Court to use in evidence an# document which under the law of evidence would "e inadmissi"le in the suit. &,. )he provisions herein contained* as to documents shall* so far as ma# "e* appl# to all other material o"3ects produci"le as evidence. O")#" 2%V '#TT$#M#NT OF %''(#' AN) )#T#"M%NAT%ON OF '(%T ON %''(#' OF $A3 O" ON %''(#' A+"##) (PON &.%'&( !ssues arise when a material proposition of fact or law is affirmed "# the one part# and denied "# the other. '.( Aaterial propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. '0(Each material proposition affirmed "# one part# and denied "# the other shall form the su"3ect of a distinct issue. '6( !ssues are of two 1inds $ 'a( issues of fact* '"( issues of law. ';( At the first hearing of the suit the Court shall* after reading the plaint and the written statements* if an#* and after such examination of the parties as ma# appear necessar#* ascertain upon what material propositions of fact or of law the parties are at variance* and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend. '7( Fothing in this rule re5uires the Court to frame and record issues where the defendant at the first hearing of the suit ma1es no defence. .. Where issues "oth of law and of fact arise in the same suit* and the Court is of opinion that the case or an# part thereof ma# "e disposed of on the issues of law onl#* it shall tr# those issues first* and for that purpose ma#* if it thin1s fit* postpone the settlement of the issues of fact until after the issues of law have "een determined. 0. )he Court ma# frame the issues from all or an# of the following materials% 'a( allegations made on oath "# the parties* or "# an# persons present on their "ehalf* or made "# the pleaders of such parties '"( allegations made in the pleadings or in answers to interrogatories delivered in the suit 'c( the contents of documents produced "# the either part#.
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6. Where the Court is of opinion that the issues cannot "e correctl# framed without the examination of some person not "efore the Court or without the inspection of some document not produced in the suit* it ma# ad3ourn the framing of the issues to a future da#* and ma# 'su"3ect to an# law for the time "eing in force( compel the attendance of an# person or the production of an# document "# the person in whose possession or power it is "# summons or other process. ;%'&( )he Court ma# at an# time "efore passing a decree amend the issues or frame additional issues on such terms as it thin1s fit*. And all such amendments or additional issues as ma# "e necessar# for determining the matters in controvers# "etween the parties shall "e so made or framed. '.( )he Court ma# also* at an# time "efore passing a decree* stri1e out an# issues that appear to it to "e wrongl# framed or introduced. 7. Where the parties to a suit are agreed as to the 5uestion of fact or of law to "e decided "etween them* the# ma# state the same in the form of an issue* and enter* into an agreement in writing that* upon the finding of the Court in the affirmative or the negative of such issue% 'a( a sum of mone# specified in the agreement or to "e ascertained "# the Court* or in such manner as the Court ma# direct* shall "e paid "# one of the parties to the other of them* or that one of them "e declared entitled to some right or su"3ect to some lia"ilit# specified in the agreement '"( some propert# specified in the agreement and in dispute in the suit shall "e delivered "# one of the parties to the other of them* or as that other ma# direct or 'c( one or more of the parties shall do or a"stain from doing some particular act specified in the agreement and relating to the matter in dispute. ?. Where the Court is satisfied* after ma1ing such in5uir# as it deems proper % 'a( that the agreement was dul# executed "# the parties '"( that the# have a su"stantial interest in the decision of such 5uestion as aforesaid* and 'c( that the same is fit to "e tried and decided* it shall proceed to record and tr# the issue and state its finding or decision thereon in the same manner as if the issue had "een framed "# the Court and shall* upon the finding or decision on such issue* pronounce 3udgement according to the terms of the agreement and* upon the 3udgment so pronounced* a decree shall follow. O")#" 2V )%'PO'A$ OF T4# '(%T AT T4# F%"'T 4#A"%N+
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&. Where at the first hearing of a suit it appears that the parties are not at issue on an# 5uestion of law or of fact* the Court ma# at once pronounce 3udgment. .. Where there are more defendants than one* and an# one of the defendants is not at issue with the plaintiff on an# 5uestion of law or of fact* the Court ma# at once pronounce 3udgment for or against such defendant and the suit shall proceed onl# against the other defendants. 0%'&( Where the parties are at issue on some 5uestion of law or of fact* and issues have "een framed "# the Court as herein"efore provided* if the Court is satisfied that no further argument or evidence than the parties can at once adduce is re5uired upon such of the issues as ma# "e sufficient for the decision of the suit* and that no in3ustice will result from proceeding with the suit forthwith* the Court ma# proceed to determine such issues* and if the finding thereon is sufficient for the decision* ma# pronounce 3udgment accordingl#* whether the summons has "een issued for the settlement of issues onl# or for the final disposal of the suit$ Provided that* where the summons has "een issued for the settlement of issues onl#* the parties or their pleaders are present and none of them o"3ects. '.( Where the finding is not sufficient for the decision* the Court shall postpone the further hearing of the suit* and shall fix a da# for the production of such further evidence* or for such further argument as the case re5uires. 6. Where the summons has "een issued for the final disposal of the suit and either part# fails without sufficient cause to produce the evidence on which he relies* the Court ma# at once pronounce 3udgment or ma#* if it thin1s fit* after framing and recording issues ad3ourn the suit for the production of such evidence as ma# "e necessar# for its decision upon such issues. O")#" 2V% '(MMON%N+ AN) ATT#N)ANC# OF 3%TN#''#' /& % '&( Fot later than seven da#s after the settlement of issues* the parties shall present in Court a /certificate of readiness to produce evidence alongwith a2 list of witnesses whom the# propose to cal either to give evidence or to produce documents. '.( A part# shall not "e permitted to call witnesses other than those contained in the said list* except with the permission of the Court and after showing good cause for the omission of permission* it shall record reasons for so doing. '0( 8n application to the Court or such officer as it appoints in this "ehalf* the parties ma# o"tain summons for persons whose attendance is re5uired in Court$
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Provided that no summons shall "e issued for service on a person under rule - unless an application in that "ehalf is made not later than fourteen da#s prior to the date fixed for the hearing of the suit and the necessar# expenses for the summoning of such person are deposited2. ..%'&( )he part# appl#ing for a summons shall* "efore the summons is granted and within a period to "e fixed* pa# into Court such a sum of mone# as appears to the Court to "e sufficient to defra# the travelling and other expenses of the person summoned in passing to and from the Court in which he is re5uired to attend* and for one da#Cs attendance. '.( !n determining the amount pa#a"le under this rule* the Court ma#* in the case of an# person summoned to give evidence as an expert* allow reasona"le remuneration for the time occupied "oth in giving evidence and in performing an# wor1 of an expert character necessar# for the case. '0(Where the Court is su"ordinate to a High Court* regard shall "e had* in fixing the scale of such expenses* to an# rules made in that "ehalf. 0. )he sum so paid into Court shall "e tendered to the person summoned* at the time of serving the summons* if it can "e served personall#. 6%'&( Where it appears to the Court or to such officer as it appoints in this "ehalf that the sum paid into Court is not sufficient to cover such expenses or reasona"le remuneration* the Court ma# direct such further sum to "e paid to the person summoned as appears to "e necessar# on that account* and in case of default in pa#ment* ma# order such sum to "e levied "# attachment and sale of the mova"le propert# of the part# o"taining the summons or the Court ma# discharge the person summoned* without re5uiring him to give evidence or ma# "oth order such lev# and discharge such person as aforesaid. '.( Where it is necessar# to detain the person summoned for a longer period than one da#* the Court ma#* from time to time* order the part# at whose instance he was summoned to pa# into Court such sum as is sufficient to defra# the expenses of his detention for such further period* and in default of such deposit "eing made* ma# order such sum to "e levied "# attachment and sale of the mova"le propert# of such part# or the Court ma# discharge the person summoned without re5uiring him to give evidence or ma# "oth order such lev# and discharge such person as aforesaid. ;. Ever# summons for the attendance of a person to give evidence or to produce a document shall specif# the time and place at which he is re5uired to attend* and also whether his attendance is re5uired for the purpose of giving evidence or to produce a document* or for "oth purposes and an# particular document which the person summoned is called on to produce* shall "e descri"ed in the summons with reasona"le accurac#. 7. An# person ma# "e summoned to produce a document* without "eing summoned to give evidence and an# person summoned merel# to produce a document shall "e
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deemed to have complied with the summons if he causes such document to "e produced instead of attending personall# to produce the same. ?. An# person present in Court ma# "e re5uired "# the Court to give evidence or to produce an# document then and there in his possession or power. /?%A.%'&( Except where it appears to the Court that a summons under this 8rder should "e served "# the Court in the same manner as a summons to a defendant* the Court shall ma1e over for service all summons under this 8rder to the part# appl#ing therefor. '.( )he service shall "e effected "# or on "ehalf of such part# "# delivering or tendering to the witness in person a cop# thereof signed "# the Judge or such officer as he appoints in this "ehalf and sealed with the seal of the Court. '0( Rules &7 and &- of 8rder D shall appl# to summons personall# served under this rule* as though the person effecting service were a serving officer2. /-. Ever# summons under this 8rder* not "eing a summons made over to a part# for service under rule ?%A of this 8rder* shall "e served as nearl# as ma# "e in the same manner as a summons to a defendant* and the rules in 8rder D as to proof of service shall appl# thereto2. +. Service shall in all cases "e made a sufficient time "efore the time specified in the summons for the attendance of the person summoned* to allow him a reasona"le time for preparation and for travelling to the place at which his attendance is re5uired. &,%'&( Where a person to whom a summons has "een issued either to attend to give evidence or to produce a document fails to attend or to produce the document in compliance with such summons* the Court shall* if the certificate of the serving%officer has not "een verified "# affidavit* and ma#* if it has "een so verified* examine the serving%officer on oath* or cause him to "e so examined "# another Court* touching the service or non%service of the summons. '.( Where the Court sees reason to "elieve that such evidence or production is material and that such person has without lawful excuse* failed to attend or to produce the document in compliance with such summons or has intentionall# avoided service* it ma# issue a proclamation re5uiring him to attend to give evidence or to produce the document at a time and place to "e named therein and a cop# of such proclamation shall "e affixed on the outer door or other conspicuous part of the house in which he ordinaril# resides. '0( !n lieu of or at the time of issuing such proclamation or at an# time afterwards*. )he Court ma#* in its discretion* issue a warrant either with or without "ail* for the arrest of such person* and ma# ma1e an order for the attachment of his propert# to such amount as it thin1s fit* not exceeding the amount of the costs of attachment and of an# fine which ma# "e imposed under rule &.$ Provided that no Court of Small Causes shall ma1e an order for the attachment of immova"le propert#.
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&&. Where* at an# time after the attachment of his propert#* such person appears and satisfies the Court*% 'a( that he did not* without lawful excuse* fail to compl# with the summons or intentionall# avoid service* and '"( where he has failed to attend at the time and place named in a proclamation issued under the last preceding rule* that he had no notice of such proclamation in time to attend* the Court shall direct that the propert# "e released from attachment and shall ma1e such order as to the costs of the attachment as it thin1s fit. &.. )he Court ma#* where such person does not appear* or appears "ut fails so to satisf# the Court* impose upon him such fine not exceeding /two thousand2rupees as it thin1s fit* having regard to his condition in life and all the circumstances of the case* and ma# order his propert#* or an# part thereof* to "e attached and sold or* if alread# attached under rule &,* to "e sold for the purpose of satisf#ing all costs of such attachment* together with the amount of the said fine* if an#$ Provided that* if the person whose attendance is re5uired pa#s into Court the costs and fine aforesaid* the Court shall order the propert# to "e released from attachment. &0. )he provisions with regard to the attachment and sale of propert# in the execution of a decree shall* so far as the# are applica"le "e deemed to appl# to an# attachment and sale under this 8rder as if the person whose propert# is so attached were a 3udgment%de"tor. &6. Su"3ect to the provisions of this Court as to attendance and appearance and to an# law for the time "eing in force* where the Court at an# time thin1s it is necessar# to examine an# person other than a part# to the suit and not called as a witness "# a part# to the suit* the Court ma#* of its own motion* cause such person to "e summoned as a witness to give evidence* or to produce an# document in his possession* on a da# to "e appointed and ma# examine him as a witness or re5uire him to produce such document. &;. Su"3ect as last aforesaid whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose* and whoever is summoned to produce a document shall either attend to produce it* or cause it to "e produced* at such time and place. &7 % '&( A person so summoned and attending shall unless the Court otherwise directs attend at each hearing until the suit has "een disposed of. '.( 8n the application of either part# and the pa#ment through the Churt of all necessar# expenses 'if an#(* the Court ma# re5uire an# person so summoned and attending to furnish securit# to attend at the next or an# other hearing or until the suit is disposed of and* in default of his furnishing such securit#* ma# order him to "e detained in the civil prison. &?. )he provisions of rules &, to &0 shall* so far as the# are applica"le* "e deemed to appl# to an# person who having attended in compliance with a summons departs* without lawful excuse* in contravention of rule &7.
--
&-. Where an# person arrested under a warrant is "rought "efore the Court in custod# and cannot* owing to the a"sence of the parties or an# of them* give the evidence or produce the document which he has "een summoned to give or produce* the Court ma# re5uire him to give reasona"le "ail or other securit# for his appearance at such time and place as it thin1s fit* and* on such "ail or securit# "eing given* ma# release him* and* in default of his giving such "ail or securit#* ma# order him to "e detained in the civil prison. /&+. A person shall not "e as1ed "# a Court to attend in person to give evidence unless he resides at an# place in Pa1istan2. .,. Where an# part# to a suit present in Court refuses* without lawful excuse* when re5uired "# the Court* to give evidence or to produce an# document then and therein his possession or power* the Court ma# pronounce 3udgment against him or ma1e such order in relation to the suit as it thin1s fit. .&. Where an# part# to a suit is re5uired to give evidence or to produce a document* the provisions as to witnesses shall appl# to him so far as the# are applica"le. O")#" 2V%% A)*O("NM#NT' &.%'&( )he Court ma#* if sufficient cause is shown at an# stage of the suit grant time to the parties or to an# of them* and ma# from time to time ad3ourn the hearing of the suit. '.( !n ever# such case the Court shall fix a da# for the further hearing of the suit* and ma# ma1e such order as it thin1s fit with respect to the costs occasioned "# the ad3ournment$ Provided that* when the hearing of evidence has once "egun* the hearing of the suit shall "e continued from da# to da# until all the witnesses in attendance have "een examined* unless the Court finds the ad3ournment of the hearing "e#ond the following da# to "e necessar# for reasons to "e recorded. .. Where* on an# da# to which the hearing of the suit is ad3ourned* the parties or an# of them fail to appear* the Court ma# proceed to dispose of the suit in one of the modes directed in that "ehalf "# 8rder !9 or ma1e such other order as it thin1s fit. 0. Where an# part# to a suit to whom time has "een granted fails to produce his evidence* or to cause the attendance of his witnesses* or to perform an# other act necessar# to the further progress of the suit* for which time has "een allowed* the Court ma#* notwithstanding each default* proceed to decide the suit forthwith. /6. Where a suit or proceeding is set down for a da# which is a holida#* the parties thereto shall appear in the Court on the da# next following that da#* or* when two or more successive da#s are holida#s* on the da# next following the last of such successive da#s*
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and the Court ma# then either proceed with the suit on such da#* or fix some other da# thereafter.2 /;. When on da# the presiding officer of the Court is a"sent "# reason of illness or an# other cause* the parties to the suit or proceeding set down for that da#'notwithstanding the 1nowledge that the presiding officer would "e a"sent( shall appear in the Court in the PCourthouse on that da# and the ministerial officer of the Court authoriBed in that "ehalf shall hand over to the parties slips of paper specif#ing the other date fixed for proceeding with the suit or proceeding and signed "# him2. O")#" 2V%%% 4#A"%N+ OF T4# '(%T AN) #2AM%NAT%ON OF 3%TN#''#' &. )he plaintiff has the right to "egin unless the defendant admits the facts alleged "# the plaintiff and contends that either in point of law or on some additional facts alleged "# the defendant the plaintiff is not entitled to an# part of the relief which he see1s* in which case the defendant has the right to "egin. .%'&( 8n the da# fixed for the hearing of the suit or on an# other da# to which the hearing is ad3ourned* the part# having the right to "egin shall state his case and produce his evidence in support of the issues which he is "ound to prove. '.( )he other part# shall then state his case and produce his evidence 'if an#( and ma# then address the Court generall# on the whole case. '0()he part# "eginning ma# then repl# generall# on the whole case. 0. Where there are several issues* the "urden of proving some of which lies on the other part# the part# "eginning ma#* at his option* either produce his evidence on those issues or reserve it "# wa# of answer to the evidence produced "# the other part# and in the latter case* the part# "eginning ma# produce evidence on those issues after the other part# has produced all his evidence* and the other part# ma# then repl# speciall# on the evidence so produced "# the part# "eginning "ut the part# "eginning will then "e entitled to repl# generall# on the whole case. 6. )he evidence of the witnesses in attendance shall "e ta1en orall# in open Court in the presence and under the personal direction and superintendence of the Judge. ;. !n cases in which an appeal is allowed the evidence of each witness shall "e ta1en down in writing* in the language of the Court* "# or in the presence and under the personal direction and superintendence of the Judge* not ordinaril# in the form of 5uestion and answer* "ut in that of a narrative* and* when completed* shall "e read over in the presence of the Judge and of the witness* and the Judge shall* if necessar#* correct the same* and shall sign it.
+,
7. Where the evidence is ta1en down in a language different from that in which it is given* and the witness does not understand the language in which it is ta1en down* the evidence as ta1en down in writing shall "e interpreted to him in the language in which it is given. ?. Evidence ta1en down under section &0- shall "e in the form prescri"ed "# rule ; and shall "e read over and signed and* as occasion ma# re5uire* interpreted and corrected as if it were evidence ta1en down under that rule. -. Where the evidence is not ta1en down in writing "# the Judge* he shall "e "ound* as the examination of each witness proceeds* to ma1e a memorandum of the su"stance of what each witness deposes* and such memorandum shall "e written and signed "# the Judge and shall form part of the record. +. Where English is not the language of the Court* "ut all the parties to the suit who appear in person* and the pleaders of such as appear "# pleaders* do not o"3ect to have such evidence as is given in English ta1en down in English* the Judge ma# so ta1e it down. &,. )he Court ma#* of its own motion or on the application of an# part# or his pleader* ta1e down an# particular 5uestion and answer* or an# o"3ection to an# 5uestion* if there appears to "e an# special reason for so doing. &&. Where an# 5uestion put to a witness is o"3ected to "# a part# or his pleader* and the Court allows the same to "e put* the Judge shall ta1e down the 5uestion the answer* the o"3ection and the name of the person ma1ing it* together with the decision of the Court thereon. &.. )he Court ma# record such remar1s as it thin1s material respecting the demeanor of an# witness while under examination. &0. !n cases in which an appeal is not allowed* it shall not "e necessar# to ta1e down the evidence of the witnesses in writing at length "ut the Judge* as the examination of each witness proceeds* shall ma1e a memorandum of the su"stance of what he deposes* and such memorandum shall "e written and signed "# the Judge and shall form part of the record. &6.%'&( Where the Judge is una"le to ma1e a memorandum as re5uired "# this 8rder* he shall cause the reason of such ina"ilit# to "e recorded* and shall cause the memorandum to "e made in writing from his dictation in open Court. '.( Ever# memorandum so made shall form part of the record. &;%'&( Where a Judge is prevented "# death* transfer or other cause from concluding the trial of a suit* his successor ma# deal with an# evidence or memorandum ta1en down or made under the foregoing rules as if such evidence or memorandum had "een ta1en down
+&
or made "# him or under his direction under the said rules and ma# proceed with the suit from the stage at which his predecessor left it. '.( )he provisions of su"%rule '&( shall* so far as the# are applica"le* "e deemed to appl# to evidence ta1en in a suit transferred under section .6. &7%'&( Where a witness is a"out to leave the 3urisdiction of the Court* or other sufficient cause is shown to the satisfaction of the Court wh# his evidence should "e ta1en immediatel#* the Court ma#* upon the application of an# part# or of the witness* at an# time after the institution of the suit* ta1e the evidence of such witness in manner herein"efore provided. '.( Where such evidence is not ta1en forthwith and in the presence of the parties* such notice as the Court thin1s sufficient* of the da# fixed for the examination* shall "e given to the parties. '0( )he evidence so ta1en shall "e read over to the witness* and* if he admits it to "e correct* shall "e signed "# him* and the Judge shall* if necessar#* correct the same* and shall sign it* and it ma# then "e read at an# hearing of the suit. &?. )he Court ma# at an# stage of a suit recall an# witness who has "een examined and ma# 'su"3ect to the law of evidence for the time "eing in force( put such 5uestions to him as the Court thin1s fit. &-. )he Court ma# at an# stage of a suit inspect an# propert# or thing concerning which an# 5uestion ma# arise. O")#" 2%2 AFF%)AV%T' &. An# Court ma# at an# time for sufficient reason order that an# particular fact or facts ma# "e proved "# affidavit* or that the affidavit of an# witness ma# "e read at the hearing* on such conditions as the Court thin1s reasona"le$ Provided that where it appears to the Court that either part# "ona fide desires the production of a witness for cross%examination* and that such witness can "e produced* an order shall not "e made authoriBing the evidence of such witness to "e given "# affidavit. .%'&( Epon an# application evidence ma# "e given "# affidavit* "ut the Court ma#* at the instance of either part#* order the attendance for cross%examination of the deponent. '.( Such attendance shall "e in Court* unless the deponent is exempted from personal appearance in Court* or the Court otherwise directs. 0.'&( Affidavits shall "e confined to such facts as the deponent is a"le of his own 1nowledge to prove* except on interlocutor# applications* on which statements of his "elief ma# "e admitted provided that the grounds thereof are stated.
+.
'.( )he cost of ever# affidavit which shall unnecessaril# set forth matter of hearsa# or argumentative matter* or copies of or extracts from documents* shall 'unless the Court otherwise directs( "e paid "# the part# filing the same. O")#" 22 *()+M#NT AN) )#C"## /& '&( 8n completion of evidence* the Court* shall fix a date*. Fot exceeding fifteen da#s* for hearing of arguments of parties. '.( )he Court shall* after the case has "een heard* pronounce 3udgment in open Court* either at once or on some future da# not exceeding thirt# da#s* for which due notice shall "e given to the parties or their advocates2. .. A Judge ma# pronounce a 3udgment written "ut not pronounced "# his predecessor. 0. )he 3udgment shall "e dated and signed "# the Judge in open Court at the time of pronouncing it and* when once signed* shall not afterwards "e altered or added to save as provided "# section &;. or on review* 6.'&( Judgements of a Court of Small Causes need not contain more than the points for determination and the decision thereon. '.( Judgements of other Courts shall contain a concise statement of the case* the points for determination* the decision thereon* and the reasons for such decision. ;. !n suits in which issues have "een framed* the Court shall state its finding or decision* with the reasons therefor* upon each separate issue* unless the finding upon an# one or more of the issues is sufficient for the decision of the suit. 7.%'&( )he decree shall agree with the 3udgement it shall contain the num"er of the suit* the names and descriptions of the parties* and particulars of the claim* and shall specif# clearl# the relief granted or other determination of the suit. '.( )he decree shall also state the amount of costs incurred in the suit* and "# whom or out of what propert# and in what proportions such costs are to "e paid. '0( )he Court ma# direct that the costs pa#a"le to one part# "# the other shall "e set%off against an# sum which is admitted or found to "e due from the former to the latter. ?. )he decree shall "ear date the da# on which the 3udgement was pronounced* and* when the Judge has satisfied himself that the decree has "een drawn up in accordance with the 3udgement* he shall sign the decree -. Where a Judge has vacated office after pronouncing 3udgement "ut without signing the decree a decree drawn up in accordance with such 3udgement ma# "e signed "# his
+0
successor or* if the Court has ceased to exist* "# the Judge of an# Court to which such Court was su"ordinate. +. Where the su"3ect%mater of the suit is immova"le propert#* the decree shall contain a description of such propert# sufficient to identif# the same* and where such propert# can "e identified "# "oundaries or "# num"ers in a record of settlement or surve#* the decree shall specif# such "oundaries or num"ers. &,. Where the suit is for mova"le propert#* and the decree is for the deliver# of such propert#* the decree shall also state the amount of mone# to "e paid as an alternative if deliver# cannot "e had. &&.%'&( Where and in so far as a decree is for the pa#ment of mone#* the Court ma# for an# sufficient reason at the time of passing the decree order that pa#ment of the amount decreed shall "e postponed or shall "e made "# installments* with or without interest* notwithstanding an#thing contained in the contract under which the mone# is pa#a"le. '.( After the passing of an# such decree the Court ma#* on the application of the 3udgment%de"tor and with the consent of the decree%holders* order that pa#ment of the amount decreed shall "e postponed or shall "e made "# installments on such terms as to the pa#ment of interest* the attachment of the propert# of the 3udgment%de"tor* or the ta1ing of securit# from him* or otherwise* as it thin1s fit. &.%'&( Where a suit is for the recover# of possession of immova"le propert# and for rent or mesne profits* the Court ma# pass a decree% a( for the possession of the propert# "( for the rent or mesne profits* which have accrued on the propert# during a period prior to the institution of the suit or directing an in5uir# as to such rent or mesne profits c( directing an in5uir# as to rent or mesne profits from the institution of the suit until% i. the deliver# of possession to the decree%holder ii. the relin5uishment of possession "# the 3udgement%de"tor with notice to the decree% holder through the Court or iii. the expiration of three #ears from the date of the decree whichever event first occurs. '.( Where an in5uir# is directed under clause'"( or clause 'c(* a final decree in respect of the rent or mesne profits shall "e passed in accordance with the result of such in5uir#. &0.%'&( Where a suit is for an account of an# propert# and for its due administration under the decree of the Court* the Court shall* "efore passing the final decree* pass a preliminar# decree* ordering such accounts and in5uiries to "e ta1en and made* and giving such other directions as it thin1s fit.
+6
'.( !n the administration "# the Court of the propert# of an# deceased person* if such propert# proves to "e insufficient for the pa#ment in full of his de"ts and lia"ilities* the same rules shall "e o"served as to the respective rights of secured and unsecured creditors and as to de"ts and lia"ilities prova"le and as to the valuation of annuities and future and contingent lia"ilities respectivel#* as ma# "e in force for the time "eing* within the local limits of the Court in which the administration suit is pending with respect to the estates of persons ad3udged or declared insolvent and all persons who in an# such case would "e entitled to "e paid out of such propert#* ma# come in under the preliminar# decree* and ma1e such claims against the same as the# ma# respectivel# "e entitled to "# virtue of this Code. &6%'&( Where the Court decrees a claim to pre%emption in respect of a particular sale of propert# and the purchase%mone# has not "een paid into Court the decree shall% a( specif# a da# on or "efore which the purchase%mone# shall "e so paid* and "( direct that on pa#ment into Court of such purchase%mone#* together with the costs'if an#( decreed against the plaintiff* on or "efore the da# referred to in clause'a(* the defendant shall deliver possession of the propert# to the plaintiff* whose title thereto shall "e deemed to have accrued from the date of such pa#ment* "ut that* if the purchase% mone# and the costs 'if an#( are not so paid the suit shall "e dismissed with costs. '.( Where the Court has ad3udicated upon rival claims to pre%emption* the decree shall direct*% a( !f and in so far as the claims decreed are e5ual in decree that the claim of each pre% emptor compl#ing with the provisions of su"%rule '&( shall ta1e effect in respect of a proportionate share of the propert# including an# proportionate share in respect of which the claim of an# pre%emptor failing to compl# with the said provisions would* "ut for such default* have ta1en effect and "( !f and in so far as the claims decreed are different in degree* that the claim of the inferior pre%emptor shall not ta1e effect unless and until the superior pre%emptor has failed to compl# with the said provisions. &;. Where a suit is for the dissolution of a partnership or the ta1ing of partnership accounts the Court* "efore passing a final* decree* ma# pass as preliminar# decree declaring the proportionate shares of the parties* fixing the da# on which the partnership shall stand dissolved or "e deemed to have "een dissolved* and directing such accounts to "e ta1en* and other acts to "e done* as it thin1s fit. &7. !n a suit for an account of pecuniar# transactions "etween a principal and an agent* and in an# other suit not herein%"efore provided for* where it is necessar#* in order to ascertain the amount of mone# due to or from an# part#* that an account should "e ta1en* the Court shall* "efore passing its final decree* pass a preliminar# decree directing such accounts to "e ta1en as it thin1s fit.
+;
&?. )he Court ma# either "# the decree directing an account to "e ta1en or "# an# su"se5uent order give special directions with regard to the mode in which the account is to "e ta1en or vouched and in particular ma# direct that in ta1ing the account the "oo1s of account in which the accounts in 5uestion have "een 1ept shall "e ta1en as prima facie evidence of the truth of the matters therein contained with li"ert# to the parties interested to ta1e such o"3ection thereto as the# ma# "e advised. &-. Where the Court passes a decree for the partition of propert# or for the separate possession of a share therein* then% &( if and in so far as the decree relates to an estate assessed to the pa#ment of revenue to the =overnment* the decree shall declare the rights of the several parties interested in the propert#* "ut shall direct such partition or separation to "e made "# the Collector* or an# gaBetted su"ordinate of the Collector deputed "# him in this "ehalf* in accordance with such declaration and with the provisions of section ;6 .( if and in so far as such decree relates to an# other immova"le propert# or to mova"le propert#* the Court ma#* if partition or separation cannot "e convenientl# made without further in5uir#* pass a preliminar# decree declaring the rights of the several parties interested in the propert# and giving such further directions as ma# "e re5uired. &+%'&( Where the defendant has "een allowed a set%off against the claim of the plaintiff* the decree shall state what amount is due to the plaintiff and what amount is due to the defendant* and shall "e for the recover# of an# sum which appears to "e due to either part#. '.( An# decree passed in a suit in which a set%off is claimed shall "e su"3ect to the same provisions in respect of appeal to which it would have "een su"3ect if no set%off had "een claimed. '0( )he provisions of this rule shall appl# whether the set%off is admissi"le under rule 7 of 8rder D!!! or otherwise. .,. Certified copies of the 3udgment and decree shall "e furnished to the parties on application to the Court and at their expense. O")#" 22% #2#C(T%ON OF )#C"##' AN) O")#"' Pa#ment under :ecrees &.%'&( All mone# pa#a"le under a decree shall "e paid as follows* namel#$% a( into the Court whose dut# it is to execute the decree or
+7
"( out of Court to the decree%holder /through a "an1 or "# postal mone# order or evidence "# writing signed "# the decree% holder or his authoriBed agent2 or c( otherwise as the Court which made the decree directs. '.( Where an# pa#ment is made under clause 'a( of su"%rule '&(* notice of such pa#ment shall "e given to the decree%holder. .%'&( Where an# mone# pa#a"le under a decree of an# 1ind is paid out of Court* or the decree is otherwise ad3usted in whole or in part to the satisfaction of the decree%holder* the decree%holder shall certif# such pa#ment or ad3ustment to the Court whose dut# it is to execute the decree* and the Court shall record the same accordingl#. '.( )he 3udgment%de"tor also ma# inform the Court of such pa#ment or ad3ustment and appl# to the Court to issue a notice to the decree%holder to show cause* on a da# to "e fixed "# the Court* wh# such pa#ment or ad3ustment should not "e recorded as certified and if* after service of such notice* the decree%holder fails to show cause wh# the pa#ment or ad3ustment should not "e recorded as certified* the Court shall record the same accordingl#. /'0( An# pa#ment not made in the manner provided in rule & or an# ad3ustment not made in writing shall not "e recogniBed "# the Court executing the decree.2 Courts executing :ecrees 0. Where immova"le propert# forms one estate or tenure situate within the local limits of the 3urisdiction of two or more Courts* an# one of such Courts ma# attach and sell the entire estate or tenure. 6. /)ransfer to Court of Small Causes.2 8mitted "# the A.8.* &+6+. ;. Where the Court to which a decree is to "e sent for execution is situate within the same district as the Court which passed such decree* such Court shall send the same directl# to the former Courts. Iut* where the Court to which the decree is to "e sent for execution is situate in a different district* the Court which passed it shall send it to the :istrict Court of the district in which the decree is to "e executed. 7. )he Court sending a decree for execution shall send % a( a cop# of the decree "( a certificate setting forth that satisfaction of the decree has not "een o"tained "# execution within the 3urisdiction of the Court "# which it was passed* or where the decree has "een executed in part* the extent to which satisfaction has "een o"tained and what part of the decree remains unsatisfied and c( a cop# of an# order for the execution of the decree* or* if no such order has "een made* a certificate to that effect.
+?
?. )he Court to which a decree is so sent shall cause such copies and certificates to "e filed* without an# further proof of the decree or order for execution* or of the copies thereof unless the Court for an# special reasons to "e recorded under the hand of the Judge* re5uires such proof. -. Where such copies are so filed* the decree or order ma#* if the Court to which it is sent is the :istrict Court* "e executed "# such Court or "e transferred for execution to an# su"ordinate Court of competent 3urisdiction. +. Where the Court to which the decree is sent for execution is a High Court* the decree shall "e executed "# such Court in the same manner as if it had "een passed "# such Court in the exercise of its ordinar# original civil 3urisdiction. Application for Execution &,. Where the holder of a decree desires to execute it* he shall appl# to the Court which passed the decree to or the officer 'if an#( appointed in this "ehalf* or if the decree has "een sent under the provisions herein"efore contained to another Court then to such Court or to the proper officer thereof. &&. '&( Where a decree is for the pa#ment of mone# the Court ma#* on he oral application of the decree%holder at the time of the passing of the decree* order immediate execution thereof "# the arrest of the 3udgment%de"tor prior to the preparation of a warrant if he is within the precincts of the Court. '.( Save as otherwise provided "# su"%rule '&(* ever# application for the execution of a decree shall "e in writing* signed and verified "# the applicant or "# some other person proved to the satisfaction of the Court to "e ac5uainted with the facts of the case* and shall contain in a ta"ular form the following particulars* namel# % a( the num"er of the suit "( the names of the parties c( the date of the decree d( whether an# appeal has "een preferred from the decree e( whether an#* and 'if an#(* what pa#ment or other ad3ustment of the matter in controvers# has "een made "etween the parties su"se5uentl# to the decree f( whether an#* and 'if an#( what* previous applications have "een made for the execution of the decree* the dates of such applications and their results g( the amount with interest 'if an#( due upon the decree* or other relief granted there"#* together with particulars of an# cross%decree* whether passed "efore or after the date of the decree sought to "e executed h( the amount of the costs 'if an#( awarded i( the name of the person against whom execution of the decree is sought and 3( the mode in which the assistance of the Court is re5uired* whether % i( "# the deliver# of an# propert# specificall# decreed ii( "# the attachment and sale* or "# the sale without attachment* of an# propert#
+-
iii( "# the arrest and detention in prison of an# person iv( "# the appointment of a receiver v( otherwise as the nature of the relief granted ma# re5uire. '0( )he Court to which an application is made under su"%rule '.( ma# re5uire the applicant to produce a certified cop# of the decree. &.. Where an application is made for the attachment of an# mova"le propert# "elonging to a 3udgment%de"tor "ut not in his possession* the decree% holder shall annex to the application an inventor# of the propert# to "e attached* containing a reasona"l# accurate description of the same. &0. Where an application is made for the attachment of an# immova"le propert# "elonging to a 3udgment%de"tor* it shall contain at the foot% a( a description of such propert# sufficient to identif# the same and* in case such propert# can "e identified "# "oundaries or num"ers in a record of settlement or surve#* a specification of such "oundaries or num"ers and "( a specification of the 3udgment%de"torCs share or interest in such propert# to the "est of the "elief of the applicant* and so far as he has "een a"le to ascertain the same. &6. Where an application is made for the attachment of an# land which is registered in the office of the Collector* the Court ma# re5uire the applicant to produce a certified extract from the register of such office* specif#ing the persons registered as proprietors of* or as possessing an# transfera"le interest in the land or its revenue* or as lia"le to pa# revenue for the land* and the shares of the registered proprietors. &;.%'&( Where a decree has "een passed 3ointl# in favour of more persons than one* an# one or more of such persons ma#* unless the decree imposes an# condition to the contrar#* appl# for the execution of the whole decree for the "enefit of them all* or* where an# of them has dies* for the "enefit of the survivors and the legal representatives of the deceased. '.( Where the Court sees sufficient cause for allowing the decree to "e executed on an application made under this rule* it shall ma1e such order as it deems necessar# for protecting the interest of the persons who have not 3oined in the application. &7. Where a decree or* if a decree has "een passed 3ointl# in favour of two or more persons* the interest of an# decree%holder in the decree is transferred "# assignment in writing or "# operation of law* the transferee ma# appl# for execution of the decree to the Court which passed it and the decree ma# "e executed in the same manner and su"3ect to the same conditions as if the application were made "# such decree%holder Provided that* where the decree* or such interest as aforesaid* has "een transferred "# assignment* notice of such application shall "e given to the transferor and the 3udgment%
++
de"tor* and the decree shall not "e executed until the Court has heard their o"3ections 'if an#( to its execution Provided also that* where a decree for the pa#ment of mone# against two or more persons has "een transferred to one of them* it shall not "e executed against the others. &?.% '&( 8n receiving an application for the execution of a decree as provided "# rule &&* su"%rule'.(* the Court shall ascertain whether such of the re5uirements of rules && to &6 as ma# "e applica"le to the case have "een complied with and if the# have not "een complied with* the Court ma# re3ect the application* or ma# allow the defect to t"e remedied then and there or within a time to "e fixed "# it. '.( Where an application is amended under the provisions of su"%rule '&(* it shall "e deemed to have "een an application in accordance with law and presented on the date when it was first presented. '0(Ever# amendment made under this rule shall "e signed or initialled "# the Judge. '6( When the application is admitted* the Court shall enter in the proper register a not eof the application and the date on which it was made* and shall* su"3ect to the provisions hereinafter contained* order execution of the decree according to the nature of the application Provided that* in the case of decree for the pa#ment of mone#* the alue of the propert# attached shall* as nearl# as ma# "e* correspond with the amount due under the decree. &- % '&( Where applications are made to a Court for the execution of cross%decrees in separate suits for the pa#ment of two sums of mone# passed "etween the same parties and capa"le of execution at the same time such Court* then % a( if the two sums are e5ual* satisfaction shall "e entered upon "oth decrees and "( if the two sums are une5ual* execution ma# "e ta1en out onl# "# the holder of the decree for the larger sum and for so much onl# as remains after deducting the smaller sum* and satisfaction for the smaller sum shall "e entered on the decree for the larger sum as well as satisfaction of the decree for the smaller sum. '.( )his rule shall "e deemed to appl# where either part# is an assignee of one of the decrees and as well in respect of 3udgment%de"ts due "# the original assignor as in respect of 3udgment%de"ts due "# the assignee himself. '0( )his rule shall not "e deemed to appl# unless % a( the decree%holder in one of the suits in which the decrees have "een made is the 3udgment%de"tor in the other and each part# fills the same character in "oth suits and "( the sums due under the decree are definite.
&,,
'6( )he holder of a decree passed against several persons 3ointl# and severall# ma# treat it as a cross%decree in relation to a decree passed against him singl# in favour of one or more of such persons. %llustratio.s 'a( A holds a decree against I for Rs&*,,,. I holds a decree against A for the pa#ment of Rs.&,,, in case A fails to deliver certain goods at a future da#. I cannot treat his decree as a cross%decree under this rule. '"( A and I* co%plaintiffs* o"tain a decree for Rs.&*,,, against C* and C o"tains a decree for 1Rs.&*,,, against I. C cannot treat his decree as a cross%decree under this rule. 'c( A* o"tains a decree against I for Rs.&*,,,. C who is a trustee for I* o"tains a decree on "ehalf of I against A for Rs.&*,,,. I cannot treat CCs decree as a cross%decree under this rule. 'd( A* I* C* : and E are 3ointl# and severel# lia"le for Rs.&*,,, under a decree o"tained "# <. A o"tains a decree for Rs.&,, against < singl# and applies for execution to the Court in which the 3oint%decree is "eing executed. < ma# treat his 3oint%decree as a cross% decree under this rule. &+. Where application is made to a Court for the execution of a decree under which two parties are entitled to recover sums of mone# from each other* then* % a( if the two sums are e5ual* satisfaction for "oth shall "e entered upon the decree and "( if the two sums are une5ual* execution ma# "e ta1en out onl# "# the part# entitled to the larger sum and for so much onl# as remains after deducting the smaller sum* and satisfaction for the smaller sum shall "e entered upon the decree. .,. )he provisions contained in rules &- and &+ shall appl# to decrees for sale in enforcement of a mortgage or charge. .&. )he Court ma#* in its discretion* refuse execution at the same time against the person and propert# of the 3udgment%de"tor. ..%'&( Where an application for execution is made % a( more than one #ear after the date of the decree* or "( against the legal representative of a part# to the decree* /or where an application is made for execution of a decree filed under the provisions of section 66%A2 the Court executing the decree shall issue a notice to the person against whom execution is applied for re5uiring him to show cause* on a date to "e fixed* wh# the decree should not "e executed against him$ Provided that no such notice shall "e necessar# in conse5uence of more than one #ear having elapsed "etween the date of the decree and the application for execution if the application is made within one #ear from the date of the last order against the part# against whom execution is applied for* made on an# previous application for execution* or in conse5uence of the application "eing made against the legal representative of the
&,&
3udgment%de"tor* if upon a previous application for execution against the same person the Court has ordered execution to issue against him$ '.( Fothing in the foregoing su"%rule shall "e deemed to preclude the Court from issuing an# process in execution of a decree without issuing the notice there"# prescri"ed* if* for reasons to "e recorded* it considers that the issue of such notice would cause unreasona"le dela# or would defeat the ends of 3ustice. .0. '&( Where the person to whom notice is issued under the last preceding rule does not appear or does not show cause to the satisfaction of the Court wh# the decree should not "e executed* the Court shall order the decree to "e executed. '.( Where such person offers an# o"3ection to the execution of the decree* the Court shall consider such o"3ection and ma1e such order as it thin1s fit. [O9:ectio. to #,ecutio. .0%A . An o"3ection "# the 3udgment%de"tor to the execution of a decree shall not "e considered "# the Court unless % a( in case of a decree for the pa#ment of mone#* he either deposits the decretal amount in Court or furnishes securit# for its pa#ment and "( in the case of an# other decree* he furnishes securit# for the due performance of the decree2 Process for Execution .6. '&( When the preliminar# measures 'if an#( re5uired "# the foregoing rule have "een ta1en* the Court shall* unless it sees cause to the contrar#* issue its process for the execution of the decree. '.( Ever# such process shall "ear date the da# on which it is issued* and shall "e signed "# the Judge or such officer as the Court ma# appoint in this "ehalf* and shall "e sealed with the seal of the Court and delivered to the proper officer to "e executed. '0( !n ever# such process a da# shall "e specified on or "efore which it shall "e executed. .;. '&( )he officer entrusted with the execution of the process shall endorse thereon the da# on* and the manner in* which it was executed* and* if the latest da# specified in the process for the return thereof has "een exceeded* the reason of the dela#* or* if it was not executed* the reason wh# it was not executed* and shall return the process with such endorsement to the Court. '.( Where the endorsement is to the effect that such officer is una"le to execute the process* the Court shall examine him touching his alleged ina"ilit#* and* if it thin1s fit* summon and examine witnesses as to such ina"ilit#* and shall record the result.
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Sta# of Execution .7. '&( )he Court to which a decree has "een sent for execution shall* upon sufficient cause "eing shown* sta# the execution of such decree for a reasona"le time* to ena"le the 3udgment%de"tor to appl# to the Court "# which the decree was passed* or to an# Court having appellate 3urisdiction in respect of the decree or* the execution thereof* for an order to sta# execution* or for an# other order relating to the decree or execution which might have "een made "# such Court of first instance or appellate Court if execution had "een issued there"#* or if application for execution had "een made thereto. '.( Where the propert# or person of the 3udgment%de"tor has "een seiBed under an execution the Court which issued the execution ma# order the restitution of such propert# or the discharge of such person pending the result of the application. /'0( % 8mitted2. .?. Fo order of restitution or discharge under rule .7 shall prevent the propert# or person of a 3udgment%de"tor from "eing reta1en in execution of the decree sent for execution. .-. An# order of the Court "# which the decree was passed* or of such Court of appeal as aforesaid* in relation to the execution of such decree* shall "e "inding upon the Court to which the decree was sent for execution. .+. Where a suit is pending in an# Court against the holder of a decree of such Court* on the part of the person against whom the decree was passed* the Court ma#* on such terms as to securit# or otherwise* as it thin1s fit* sta# execution of the decree until the pending suit has "een decided. Mode of #,ecutio. 0,. Ever# decree for the pa#ment of mone#* including a decree for the pa#ment of mone# as the alternative to some other relief* ma# "e executed "# the detention in /K2 prison of the 3udgment%de"tor* or "# the attachment and sale of his propert#* or "# the "oth. 0&. '&( Where the decree is for an# specific mova"le* or for an# share in a specific mova"le* it ma# "e executed "# the seiBure* if practica"le* of the mova"le or share* and "# the deliver# thereof to the part# to whom it has "een ad3udged* or to such person as he appoints to receive deliver# on his "ehalf* or "# the detention in /K.2 prison of the 3udgment%de"tor* or "# the attachment of his propert#* or "# "oth. '.( Where an# attachment under su"%rule '&( has remained in force for six months if the 3udgment%de"tor has not o"e#ed the decree and the decree%holder has applied to have the attached propert# sold* such propert# ma# "e sold* and out of the proceeds the Court ma# award to the decree%holder* in cases where an# amount has "een fixed "# the decree to "e paid as an alternative to deliver# of mova"le propert#* such amount* and* in other cases*
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such compensation as it thin1s fit* and shall pa# the "alance 'if an#(* to the 3udgment% de"tor on his application. '0( Where the 3udgment%de"tor has o"e#ed the decree and paid all costs of executing the same which he is "ound to pa#* or where* at the end of six months from the date of the attachment* no application to have the propert# sold has "een made* or if made* has "een refused* the attachment shall cease. 0.. '&( Where the part# against whom a decree for the specific performance of a contract* or for restitution of con3ugal rights* or for an in3unction* has "een passed* has had an opportunit# of o"e#ing the decree and has willfull# failed to o"e# it the decree ma# "e enforced / in the case of a decree for restitution of con3ugal rights "# the attachment of his propert# or* in the case of a decree for the specific performance of a contract or for an in3unction2 "# his detention in /K.2prison* or "# the attachment of his propert#* or "# "oth. '.( Where the part# against whom a decree for specific performance or for an in3unction has "een passed is a corporation* the decree ma# "e enforced "# the attachment of the propert# of the corporation* or with the leave of the Court* "# the detention in /K.2 prison of the directors or other principal officers thereof or "# "oth attachment and detention. '0(Where an# attachment under su"%rule '&( or su"%rule'.( has remained in force for one #ear if the 3udgement de"tor has not o"e#ed the decree and the decree%holder has applied to have the attached propert# sold* such propert# ma# "e sold and out of the proceeds the Court ma# award to the decree%holder such compensation as it thin1s fit* and shall pa# the "alance 'if an#(* to the 3udgment%de"tor on his application. '6( Where the 3udgment%de"tor has o"e#ed the decree and paid all costs of executing the same which he is "ound to pa#* or where* at the end of one #ear from the date of the attachment* no application to have the propert# sold has "een made* or if made has "een refused* the attachment shall cease. ';( Where decree for the specific performance of a contract or for an in3unction has not "een o"e#ed* the Court ma#* in lieu of or in addition to all or an# of the processes aforesaid* direct that the act re5uired to "e done ma# "e done so far as practica"le "# the decree%holder or some other person appointed "# the Court*. At the cost of the 3udgment% de"tor* and upon the act "eing done the expenses incurred ma# "e ascertained in such manner as the Court ma# direct and ma# "e recovered as if the# were included in the decree. !llustrations A* a person of little su"stance* erects a "uilding which renders uninha"ita"le a famil# mansion "elonging to I. A in spite of his detention in prison and the attachment of his propert#* declines to o"e# a decree o"tained against him "# I and directing him to remove the "uilding. )he Court is of opinion that no sum realiBa"le "# the sale of ACs
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propert# would ade5uatel# compensate I for the depreciation in the value of his mansion. I ma# appl# to the Court to remove the "uilding and ma# recover the cost of such removal from A in the execution%proceedings. 00. '&( Fotwithstanding an#thing in rule 0.* the Court either at the time of passing a decree/ against a hus"and2 for the restitution of con3ugal rights or at an# time afterwards* ma# order that the decree / shall "e executed in the manner provided in this rule2. '.( Where the Court has made an order under su"%rule '&(>>> it ma# order that* in the event of the decree not "eing o"e#ed within such period as ma# "e fixed in this "ehalf* the 3udgment%de"tor shall ma1e to the decree%holder such periodical pa#ments as ma# "e 3ust* and* if it thin1s fit* re5uire that the 3udgement%de"tor shall* to its satisfaction* secure to the decree%holder such periodical pa#ments. '0()he Court ma# from time to time var# or modif# an# order made under su"%rule '.( for the periodical pa#ment of mone#* either "# altering the times of pa#ment or "# increasing or diminishing the amount* or ma# temporaril# suspend the same as to the whole or an# part of the mone# so ordered to "e paid* and again revive the same* either wholl# or in part as it ma# thin1 3ust. '6( An# mone# ordered to "e paid under this rule ma# "e recovered as though it were pa#a"le under a decree for the pa#ment of mone#. 06.'&( Where a decree is for the execution of a document or for the endorsement of a negotia"le instrument and the 3udgment%de"tor neglects or refuses to o"e# the decree* the decree%holder ma# prepare a draft of the document or endorsement in accordance with the terms of the decree and deliver the same to the Court. '.( )he Court shall thereupon cause the draft to "e served on the 3udgment%de"tor together with a notice re5uiring his o"3ections 'if an#( to "e made within such time as the Court fixes in this "ehalf. '0( Where the 3udgement%de"tor o"3ects to the draft* his o"3ections shall "e stated in writing within such time* and the Court shall ma1e such order approving or altering the draft* as it thin1s fit. '6( )he decree%holder shall deliver to the Court a cop# of the draft with such alterations 'if an#( as the Court ma# have directed upon the proper stamp%paper if a stamp is re5uired "# the law for the time "eing in force and the 3udge or such officer as ma# "e appointed in this "ehalf shall execute the document so delivered. ';( )he execution of a document or the endorsement of a negotia"le instrument under this rule ma# "e in the following form* namel#$% 4C.:.* Judge of the Court of
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'or as the case ma# "e(* for A. I.* in a suit "# E.<. against A.I.4 and shall have the same effect as the execution of the document or the endorsement of the negotia"le instrument "# the part# ordered to execute or endorse the same. '7( )he Court* or such officer as it ma# appoint in this "ehalf* shall cause the document to "e registered if its registration is re5uired "# law for the time "eing in force or the decree% holder desires to have it registered* and ma# ma1e such order as it thin1s fit as to the pa#ment of the expenses of the registration. 0;. '&( Where a decree is for the deliver# of an# immova"le propert#* possession thereof shall "e delivered to the part# to whom it has "een ad3udged* or to such person as he ma# appoint to receive deliver# on his "ehalf* and* if necessar#* "# removing an# person "ound "# the decree who refuses to vacate the propert#. '.( Where a decree is for the 3oint possession of immova"le propert#* such possession shall "e delivered "# affixing a cop# of the warrant in some conspicuous place on the propert# and proclaiming "# "eat of drum* or other customar# mode* at some convenient place* the su"stance of the decree. '0( Where possession of an# "uilding or enclosure is to "e delivered and the person in possession* "eing "ound "# the decree* does no afford free access* the Court* through its officers* ma# after giving reasona"le warning and facilit# to an# woman not appearing in pu"lic according to the customs of the countr# to withdraw* remove or open an# loc1 or "olt or "rea1 open an# door or do an# other act necessar# for putting the decree%holder in possession. 07. Where a decree is for the deliver# of an# immova"le propert# in the occupanc# of a tenant or other person entitled to occup# the same and not "ound "# the decree to relin5uish such occupanc#* the Court shall order deliver# to "e made "# affixing a cop# of the warrant in some conspicuous place on the propert#* and proclaiming to the occupant "# "eat of drum or other customar# mode* at some convenient place* the su"stance of the decree in regard to the propert#. Arrest and :etention in /K.2 Prison 0?. '&( Fotwithstanding an#thing in these rules* where an application is for the execution of a decree for the pa#ment of mone# "# the arrest and detention in /KK2 prison of a 3udgment%de"tor who is lia"le to "e arrested in pursuance of the application* the Court /shall* instead of issuing a warrant for his arrest* issue a notice calling upon him to appear "efore the Court on a da# to "e specified in the notice and show cause wh# he should not "e /detained in2 prison. /Provided that such notice shall not "e necessar# if the Court is satisfied* "# affidavit* or otherwise* that with the o"3ect or effect of dela#ing the execution of the decree* the 3udgment%de"tor is li1el# to a"scond or leave the local limits of the 3urisdiction of the Court.2
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'.( Where appearance is not made in o"edience to the notice* the Court shall* if the decree%holder so re5uires* issue a warrant for the arrest of the 3udgment%de"tor. 0-. Ever# warrant for the arrest of a 3udgment%de"tor shall direct the officer entrused with its execution to "ring him "efore the Court with all convenient speed* unless the amount which he has "een ordered to pa#* together with the interest thereon and the cost 'if an#( to which he is lia"le* "e sooner paid. 0+. /8mitted "# Civil @aws 'Reforms( Act '9!D of &++6(* S.&&'?( 'vi(2. 6,. '&( When a 3udgment%de"tor appears "efore the Court in o"edience to a notice issued under rule 0?* or is "rought "efore the Court after "eing arrested in execution of a decree for the pa#ment of mone#* the Court shall proceed to hear the decree%holder and ta1e all such evidence as ma# "e produced "# him in support of his application for execution* and shall then give the 3udgment%de"tor an opportunit# of showing cause wh# he should not "e /detained in2 prison. '.( Pending the conclusion of the in5uir# under su"%rule '&( the Court ma#* in its discretion* order the 3udgment%de"tor to "e detained in the custod# of an officer of the Court or release him on his furnishing securit# to the satisfaction of the Court for his appearance when re5uired. '0( Epon the conclusion of the in5uir# under su"%rule '&( the Court ma#* su"3ect to the provisions of section ;& and to the other provisions of this Code* ma1e an order for the detention of the 3udgment%de"tor in /K.2 prison and shall in that event cause him to "e arrested if he is not alread# under arrest$ Provided that in order to give the 3udgment%de"tor an opportunit# of satisf#ing the decree* the Court ma#* "efore ma1ing the order of detention* leave the 3udgment%de"tor in the custod# of an officer of the Court for a specified period not exceeding fifteen da#s or release him on his furnishing securit# to the satisfaction of the Court for his appearance at the expiration of the specified period if the decree "e not sooner satisfied. '6( A 3udgment%de"tor released under this rule ma# "e re%arrested. ';( When the Court does not ma1e an order of detention under su"%rule '0(* it shall disallow the application and* if the 3udgment%de"tor is under arrest* direct his release.2 Attachment of Propert# 6&. Where a decree is for the pa#ment of mone# the decree%holder ma# appl# to the Court for an order that % a( the 3udgment%de"tor* or "( in the case of a corporation* an# officer thereof* or c( an# other person*
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"e orall# examined as to whether an# or what de"ts are owing to the 3udgment%de"tor and whether the 3udgment%de"tor has an# and what other propert# or means of satisf#ing the decree and the Court ma# ma1e an order for the attendance and examination of such 3udgment%de"tor or officer or other person* and for the production of an# "oo1s or documents. 6.. Where a decree directs an in5uir# as to rent or mesne profits or an# other matter* the propert# of the 3udgment%de"tor ma#* "efore the amount due from him has "een ascertained* "e attached* as in the case of an ordinar# decree for the pa#ment of mone#. 60. Where the propert# to "e attached is mova"le propert#* other than agricultural produce* in the possession of the 3udgment%de"tor the attachment shall "e made "# acutal seiBure* and the attaching officer shall 1eep the propert# in his own custod# or in the custod# of one of his su"ordinates* and shall "e responsi"le for the due custod# thereof$ Provided that* when the propert# seiBed is su"3ect to speed# and natural deca#* or when the expense of 1eeping in custod# is li1el# to exceed its vaue* the attaching officer ma# sell it at once. 66. Where the propert# to "e attached is agricultural produce* the attachment shall "e made affixing a cop# of the warrant of attachment*% a( where such produce is a growing crop* on the land on which such crop has grown or "( where such produce has "een cut or gathered* on the threshing%floor or place for treading out grain or the li1e or fodder%stac1 on or in which it is deposited* and another cop# on the outer door or on some other conspicuous part of the house in which the 3udgment%de"tor ordinaril# resides or* with the leave of the Court* on the outer door or on some other conspicuous part of the house in which he carries on "usiness or personall# wor1s for gain or in which he is 1nown to have last resided or carried on "usiness or personall# wor1ed for gain and the produce shall thereupon "e deemed to have passed into the possession of the Court. 6;. '&( Where agricultural produce is attached* the Court shall ma1e such arrangements for the custod# thereof as it ma# deem sufficient and* for the purpose of ena"ling the Court to ma1e such arrangements ever# application for the attachment of a growing crop shall specif# the time at which it is li1el# to "e fit to "e cut or gathered. '.( Su"3ect to such conditions as ma# "e imposed "# the Court in this "ehalf either in the order of attachment or in an# su"se5uent order* the 3udgment%de"tor ma# tend* cut* gather and store the produce and do an# other act necessar# for maturing or preserving it and if the 3udgment%de"tor fails to do all or an# of such acts* the decree%holder ma#* with the permission of the Court and su"3ect to the li1e conditions* do all or an# of them either "# himself or "# an# person appointed "# him in this "ehalf* and the costs incurred "# the decree%holder shall "e recovera"le from the 3udgment%de"tor as if the# were included in* or formed part of* the decree.
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'0( Agricultural produce attached as a growing crop shall not "e deemed to have ceased to "e under attachment or to re5uire re%attachment merel# "ecause it has "een severed from the soil. '6( Where an order for the attachment of a growing crop has "een made a considera"le time "efore the crop is li1el# to "e fit to "e cut or gathered* the Court ma# suspend the execution of the order for such time as it thin1s fit* and ma#* in its discretion* ma1e a further order prohi"iting the removal of the crop pending the execution of the order of attachment. ';( A growing crop which from its nature does not admit of "eing stored shall not "e attached under this rule at an# time less than twent# da#s "efore the time at which it is li1el# to "e fit to "e cut or gathered. 67. '&( !n the case of % a( a de"t not secured "# a negotia"le instrument* "( a share in the capital of a corporation* c( other mova"le propert# not in the possession of the 3udgment%de"tor* except propert# deposited in* or in the custod# of* an# Court* the attachment shall "e made "# a written order prohi"iting* % i( in the case of de"t the creditor from recovering the de"t and the de"tor from ma1ing pa#ment thereof until the further order of the Court ii( in the case of the share* the person in whose name the share ma# "e standing from transferring the same or receiving an# dividend thereon iii( in the case of the other mova"le propert# except as aforesaid* the person in possession of the same from giving it over to the 3udgment%de"tor. '.( A cop# of such order shall "e affixed on some conspicuous part of the Court%house and another cop# shall "e sent in the case of the de"t* to the de"tor* in the case of the share* to the proper officer of the corporation* and* in the case of the other mova"le propert# 'except as aforesaid(* to the person in possession of the same. '0( A de"tor prohi"ited under clause '!( of su"%rule '&( ma# pa# the amount of his de"t into Court* and such pa#ment shall discharge him as effectuall# as pa#ment to the part# entitled to receive the same. 6?. Where the propert# to "e attached consists of the share or interest of the 3udgment% de"tor in mova"le propert# "elonging to him and another as co%owners* the attachment shall "e made "# a notice to the 3udgment%de"tor prohi"iting him from transferring the share or interest or charging it in an# wa#. 6-.%'&( Where the propert# to "e attached is the salar# or allowance of a /servant of the /State2 2 or a servant of a railwa# compan# or local authorit#* the Court* whether the
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3udgment%de"tor or the dis"ursing officer is or is not within the local limits of the CourtCs 3urisdiction* ma# order that the amount shall* su"3ect to the provisions of section 7,* "e withheld from such salar# or allowances either in one pa#ment or "# monthl# instalments as Court ma# direct and upon notice of the order to such officer as /the appropriate =overnment ma# "# notification in the official =aBette2 appoint /in this "ehalf*% a( where such salar# or allowances are to "e dis"ursed within the local limits to which this Code for the time "eing extends* the officer or other person whose dut# ! is to dis"urse the same shall withhold and remit to the Court the amount due under the order* or the monthl# instalments* as the case ma# "e "( where such salar# or allowances are to "e dis"ursed "e#ond the said limits* the officer or other person within those limits whose dut# it is to instruct the dis"ursing authorit# regarding the amount of the salar# or allowances to "e dis"ursed shall remit to the Court the amount due under the order* or the monthl# instalments* as the case ma# "e* and shall direct the dis"ursing authorit# to reduce the aggregate of the amounts from time to time "e dis"ursed "# the aggregate of the amounts from time to time remitted to the Court2. '.( Where the attacha"le proportion of such salar# or allowances is alread# "eing withheld and remitted to a Court in pursuance of a previous and unsatisfied order of attachment* the officer appointed "# /the appropriate =overnment2 in this "ehalf shall forthwith return the su"se5uent order to the Court issuing it with a full statement of all the particulars of the existing attachment. '0( Ever# order made under this rule* unless it is returned in accordance with the provisions of su"%rule '.(* shall* without further notice or other process* "ind /the appropriate =overnment2 or the railwa# compan# or local authorit#* as the case ma# "e* while the 3udgment%de"tor is within the local limits to which this Code for the time "eing extends and while he is "e#ond hose limits if he is in receipt of an# salar# or allowances pa#a"le out of/the revenues of the Central =overnment or a Provincial =overnment2 or the funds of a railwa# compan# carr#ing on "usiness in an# part of /Pa1istan or local authorit# in /Pa1istan2 and /the appropriate =overnment2 or the railwa# compan# or local authorit#* as the case ma# "e* shall "e lia"le for an# sum paid in contravention of this rule. /Explanation % !n this rule 4appropriate =overnment4 means % i. as respects an#/person2 in the service of the Central =overnment* or an# servant of a 4railwa# or of a cantonment authorit# or of the port authorit# of a ma3or port* the Central =overnment ii. > > > > > > iii. as respects an# other /servant of the /State2 or a servant of an# other railwa# or local authorit# the Provincial =overnment2 6+. %'&( Save as otherwise provided "# this rule* propert# "elonging to a partnership shall not "e attached or sold in execution of a decree other than a decree passed against the firm or against the partners in the firm as such.
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'.( )he Court ma#* on the application of the holder of a decree against a partner* ma1e an order charging the interest of such partner in the partnership propert# and profits with pa#ment of the amount due under the decree* and ma#* "# the same or a su"se5uent order* appoint a receiver of the share of such partner in the profits 'whether alread# declared or accruing( and of an# other mone# which ma# "e coming to him in respect of the partnership* and direct accounts and in5uiries and ma1e an order for the sale of such interest or other orders as might have "een directed or made if a charge had "een made in favour of the decree%holder "# such partner* or as the circumstances of the case ma# re5uire. '0( )he other partner or partners shall "e at li"ert# at an# time to redeem the interest charged or* in the case of a sale "eing directed* to purchase the same. '6( Ever# application for an order under su"%rule '.( shall "e served on the 3udgment% de"tor and on his partners or such of them as are within /Pa1istan2. ';(Ever# application made "# an# partner of the 3udgment%de"tor under su"%rule '0( shall "e served on the decree%holder and on the 3udgment%de"tor and on such of the other partners as do not 3oin in the application and as are within /Pa1istan2. '7( Service under su"%rule '6( or su"%rule';( shall "e deemed to "e service on all the partners and all orders made on such applications shall "e similarl# served. ;, % '&( Where a decree has "een passed against a firm execution ma# "e granted % a( against an# propert# of the partnership "( against an# person who has appeared in his own name under rule 7 or rule ? of 8rder 999 or who has admitted on the pleadings that he is* or who has "een ad3udged to "e* a partner c( against an# person who has "een individuall# served as a partner with a summons and has failed to appear$ Provided that nothing in this su"%rule shall "e deemed to limit or otherwise affect the provisions of section .6? of the Contract Act. &+?.. '.( Where the decree%holder claims to "e entitled to cause the decree to "e executed against an# person other than such a person as is referred to in sun%rule '&(* clauses '"( and 'c(* as "eing a partner in the firm he ma# appl# to the Court which passed the decree for leave* and where the lia"ilit# is not disputed* such Court ma# grant such leave* or where such lia"ilit#* is disputed* ma# order that the lia"ilit# of such person "e tried and determined in an# manner in which an# issue in a suit ma# "e tried and determined. '0( Where the lia"ilit# of an# person has "een tried and determined under su"%rule '.(* the order made thereon shall have the same force and "e su"3ect to the same conditions as to appeal or otherwise as if it were a decree.
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'6( Save as against an# propert# of the partnership* a decree against a firm shall not release* render lia"le or otherwise affect an# partner therein unless he has "een served with a summons to appear and answer. ;&. Where the propert# is a negotia"le instrument not deposited in a Court* nor in the custod# of a pu"lic officer* the attachment shall "e made "# actual seiBure* and the instrument shall "e "rought into Court and held su"3ect to further orders of the Court. ;.. Where the propert# to "e attached is in the custod# of an# Court or pu"lic officer* the attachment shall "e made "# a notice to such court or officer* re5uesting that such propert# and an# interest or dividend "ecoming pa#a"le thereon* ma# "e held su"3ect to the further orders of the Court from which the notice is issued$ Provided that* where such propert# is in the custod# of a Court an# 5uestion of title or priorit# arising "etween the decree%holder and an# other person* not "eing the 3udgment% de"tor* claiming to "e interested in such propert# "# virtue of an# assignment* attachment or otherwise* shall "e determined "# such Court. ;0% '&( Where the propert# to "e attached is a decree* either for the pa#ment of mone# or for sale in enforcement of a mortgage or charge* the attachment shall "e made* % a( if the decrees were passed "# the same Court* then "# order of such Court* and "( if the decree sought to "e attached was passed "# another Court* then "# the issue to such other Court of a notice "# the Court which passed the decree sought to "e executed re5uesting such other Court to sta# the execution of its decree unless and until % i. the Court which passed the decree sought to "e executed cancels the notice* or ii. the holder of the decree sought to "e executed or his 3udgment%de"tor applies to the Court receiving such notice to execute its own decree. '.( Where a Court ma1es an order under clause 'a( of su"%rule '&( or receives an application under su"%head 'ii( of clause '"( of the said su"%rule* it shall* on the application of the creditor who has attached the decree or his 3udgment%de"tor* proceed to execute the attached decree and appl# the net proceeds in satisfaction of the decree sought to "e executed. '0( )he holder of a decree sought to "e executed "# the attachment of another decree of the nature specified in su"%rule '&( shall "e deemed to "e the representative of the holder of the attached decree and to "e entitled to execute such attached decree in an# manner lawful for the holder thereof. '6( Where the propert# to "e attached in the execution of a decree is a decree other than a decree of the nature referred to in su"%rule '&(* the attachment shall "e made* "# a notice "# the Court which passed the decree sought to "e executed* to the holder of the decree sought to "e attached* prohi"iting him from transferring or charging the same in an# wa# and where such decree has "een passed "# an# other Court* also "# sending to such other
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Court also "# sending to such other Court a notice to a"stain from executing the decree sought to "e attached until such notice is cancelled "# the Court from which it was sent. ';( )he holder of a decree attached under this rule shall give the Court executing the decree such information and aid as ma# reasona"l# "e re5uired. '7(8n the application of the holder of a decree sought to "e executed "# the attachment of another decree* the Court ma1ing an order of attachment under this rule shall give notice of such order to the 3udgment%de"tor "ound "# the decree attached and no pa#ment or ad3ustment of the attached decree made "# the 3udgment%de"tor in contravention of such order after receipt of notice thereof* either through the Court or otherwise* shall "e recogniBed "# an# Court so long as the attachment remains in force. ;6 % '&( Where the propert# is immova"le* the attachment shall "e made "# an order prohi"iting the 3udgment%de"tor from transferring or charging the propert# in an# wa#* and all persons from ma1ing an# "enefit from such transfer or charge. '.( )he order shall "e proclaimed at some place on or ad3acent to such a propert# "# "eat of drum or other customar# mode* and a cop# of the order shall "e affixed on a conspicuous part of the propert# and then upon a conspicuous part of the Court%house* and also* where the propert# is land pa#ing revenue to the =overnment* in the office of the Collector of the district in which the land is situate. ;;. Where% a( the amount decreed with costs and all charges and expenses resulting from the attachment of an# propert# are paid into Court or* "( satisfaction of the decree is otherwise made through the Court or certified to the Court or c( the decree is set aside or reversed* the attachment shall "e deemed to "e withdrawn* and* in the case of immova"le propert#* the withdrawal shall* if the 3udgment%de"tor so desires* "e proclaimed at his expense* and a cop# of the proclamation shall "e affixed in the manner prescri"ed "# the last preceding rule. ;7. Where the propert# attached is current coin or currenc# notes* the court ma# at an# time during the continuance of the attachment* direct that such coin or notes* or a part thereof sufficient to satisf# the decree* "e paid over to the part# entitled under the decree to receive the same. ;?. Where an# propert# has "een attached in execution of a decree "ut "# reason of the decree%holderCs default the Court is una"le to proceed further with the application for execution* it shall either dismiss the application or for an# sufficient reason ad3ourn the proceedings to a future date. Epon the dismissal of such application the attachment shall cease.
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!nvestigation of Claims and 8"3ections ;-.% '&( Where an# claim is preferred to* or an# o"3ection is made to the attachment of* an# propert# attached in execution of a decree on the ground that such propert# is not lia"le to such attachment* the Court shall proceed to investigate the claim or o"3ection with the li1e power as regards the examination of the claimant or o"3ector* and in all other respects* as if he was a part# to the suit$ /Provided that no such investigation shall "e made where it appears to the Court that the claim or o"3ection 'whether made "efore or after the sale( has "een designedl# or unnecessaril# dela#ed* or was not made within a reasona"le time or within one #ear of the date of the first attachment of the said propert# in the execution of the said decree* whichever is earlier* unless the claimant or o"3ector % a( proves title ac5uired in good faith and for consideration su"se5uent to the date of the first attachment "( proves that his predecessors%in%interest* whether their interest existed at the time of such attachment or was ac5uired thereafter* fraudulentl# omitted to ma1e a claim or o"3ection and c( impleads all such predecessors%in%interest* as parties2 '.( Where the propert# to which the claim or o"3ection applies has "een advertised for sale* the Court ordering the sale ma# postpone it pending the investigation of the claim or o"3ection. /;+. )he claimant or o"3ector must adduce evidence to show that at the date of the attachment he had a title to* or right or interest in* the propert# attached. 7,. Where upon the said investigation the Court is satisfied that the claimant or o"3ector had a title to* or right or interest in* the said propert# and the said propert# was not* "# reason of such title* right or interest* wholl# or partl# lia"le to attachment* the Court shall ma1e an order releasing the propert#* wholl#* or as the case ma# "e* to such extent as it is not so lia"le* from attachment. 7&. Where the Court is satisfied that the propert# is su"3ect to mortgage or charge in favour of some person and thin1s fit to continue the attachment* it ma# do so su"3ect to such mortgage or charge. 7.. All 5uestions relating to the right title or interest of the claimant or o"3ector in the attached propert# shall "e ad3udicated upon and determined "# the Court and no separate sit shall lie to esta"lish such title* right or interest.2 70. /8mitted2 Sale =enerall#
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76. An# Court executing a decree ma# order that an# propert# attached "# it and lia"le to sale* or such portion thereof as ma# seem necessar# to satisf# the decree* shall "e sold* and that the proceeds of such sale* or a sufficient portion thereof* shall "e paid to the part# entitled under the decree to receive the same. 7;. Sale as otherwise prescri"ed* ever# sale in execution of a decree shall "e conducted "# an officer of the Court or "# such other person as the Court ma# appoint in this "ehalf* and shall "e made "# pu"lic auction in manner prescri"ed. 77% '&( Where an# propert# is ordered to "e sold "# pu"lic auction in execution of a decree* the Court shall cause a proclamation of the intended sale to "e made in the language of such Court. '.( Such proclamation shall "e drawn up after notice to the decree%holder and the 3udgment%de"tor and shall state the time and place of sale* and specif# as fairl# and accuratel# as possi"le % a( the propert# to "e sold "( the revenue assessed upon the estate or part of the estate* where the propert# to "e sold is an interest in an estate or in part of an estate pa#ing revenue to the =overnment c( an# incum"rance to which the propert# is lia"le d( the amount for the recover# of which the sale is ordered and e( ever# other thing which the Court considers material for a purchaser to 1now in order to 3udge of the nature and value of the propert#. '0( Ever# application for an order for sale under this rule shall "e accompanied "# a statement signed and verified in the manner herein"efore prescri"ed for the signing and verification of pleadings and containing* so far as the# are 1nown to or can "e ascertained "# the person ma1ing the verification* the matters re5uired "# su"%rule '.( to "e specified in the proclamation. '6( <or the purpose of ascertaining the matters to "e specified in the proclamation* the Court ma# summon an# person whom it thin1s necessar# to summon and ma# examine him in respect to an# such matters and re5uire him to produce an# document in his possession or power relating thereto. 7? % '&( Ever# proclamation shall "e made and pu"lished* as nearl# as ma# "e* in the manner prescri"ed "# rule ;6* su"%rule '.(. '.( Where the Court so directs* such proclamation shall also "e pu"lished in the /official =aBette2 or in a local newspaper* or in "oth * and the costs of such pu"lication shall "e deemed to "e costs of the sale. '0( Where propert# is divided into lots for the purpose of "eing sold separatel#* it shall not "e necessar# to ma1e a separate proclamation for each lot unless proper notice of the sale cannot* in the opinion of the Court* otherwise "e given.
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7-. Save in the case of propert# of the 1ind descri"ed in the proviso to rule 06* no sale hereunder shall* without the consent in writing of the 3udgment%de"tor* ta1e place until after the expiration of at least thirt# da#s in the case of immova"le propert#* and of at least fifteen da#s in the case of mova"le propert#* calculated from the date on which the cop# of the proclamation has "een affixed on the Court%house of the Judge ordering the sale. 7+ % '&( )he Court ma#* in its discretion* ad3ourn an# sale hereunder to a specified da# and hour* and the officer conducting an# such sale ma# in his discretion ad3ourn the sale* recording his reasons for such ad3ournment$ Provided hat* where the sale is made in* or within the precincts of* the Court%house* no such ad3ournment shall "e made without the leave of the Court. '.( Where a sale is ad3ourned under su"%rule'&( for a longer period than seven da#s a fresh proclamation under rule 7? shall "e made* unless the 3udgment%de"tor consents to waive it. '0( Ever# sale shall "e stopped if* "efore the lot is 1noc1ed down* the de"t and costs 'including the costs of the sale( are tendered to the officer conducting the sale* or proof is given to his satisfaction that the amount of such de"t and costs has "een paid into the Court which ordered the same. ?,. Fothing in rules 77 to 7+ shall "e deemed to appl# to an# case in which the execution of a decree has "een transferred to the Collector. ?&. An# deficienc# of price which ma# happen on a re%sale "# reason of the purchaserCs default and all expenses attending such re%sale* shall "e certified to the Court or to the Collector or su"ordinate of the Collector* as the case ma# "e* "# the officer or other person holding the sale* and shall at the instance of either the decree%holder or the 3udgment%de"tor* "e recovera"le from the defaulting purchaser under the provisions relating to the execution of a decree for the pa#ment of mone#. ?..% '&( Fo holder of a decree in execution of which propert# is sold shall* without the express permission of the Court* "id for or purchase the propert#. '.( Where a decree%holder purchases with such permission* the purchase%mone# and the amount due on the decree ma#* su"3ect to the provisions of section ?0* "e set%off against one another* and the Court executing the decree shall enter up satisfaction of the decree in whole or in part accordingl#. '0( Where a decree%holder purchases* "# himself or through another person* without such permission the Court ma#* if it thin1s fit* on the application of the 3udgment%de"tor or an# other person whose interests are affected "# the sale* "# order set aside the sale and the costs of such application and order* and an# deficienc# of price which ma# happen on the re%sale and all expenses attending it* shall "e paid "# the decree%holder.
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?0. Fo officer or other person having an# dut# to perform in connection with an# sale shall* either directl# or indirectl#* "id for*. ac5uire or attempt to ac5uire an# interest in the propert# sold. 'ale of Mova9le Pro-ert; ?6.% '&( Where the propert# to "e sold is agricultural produce the sale shall "e held* % a( if such produce is a growing crop* on or near the land on which such crop has grown* or "( if such produce has "een cut or gathered* at or near the threshing%floor or place for treading out grain or the li1e or fodder%stac1 on or in which it is deposited$ Provided that the Court ma# direct the sale to "e held at the nearest place of pu"lic resort* if it is of opinion that the produce is there"# li1el# to sell to greater advantage. '.( Where on the produce "eing put up for sale* % a( a fair price* in the estimation of the person holding the sale* is not offered for it* and "( the owner of the produce or a person authoriBed to act in his "ehalf applies to have the sale postponed till the next da# or* if a mar1et is held at the place of sale* the next mar1et% da#* the sale shall "e postponed accordingl# and shall "e then completed* whatever price ma#"e offered for the produce. ?;.% '&( Where the propert# to "e sold is a growing crop and the crop from its nature admits of "eing stored "ut has not #et "een stored* the da# of the sale shall "e so fixed as to admit of its "eing made read# for storing "efore the arrival of such da#* and the sale shall not "e held until the crop has "een cut or gathered and is read# for storing. '.( Where the crop from its nature does not admit of "eing stored* it ma# "e sold "efore it is cut and gathered* and the purchaser shall "e entitled to enter on the land* and to do all that is necessar# for the purpose of tending and cutting and or gathering it. ?7. Where the propert# to "e sold is a negotia"le instrument or a share in a corporation* the Court ma#* instead of directing the sale to "e made "# pu"lic auction* authorise the sale of such instrument or share through a "ro1er. ??% '&( Where mova"le propert# is sold "# pu"lic auction the price of each lot shall "e paid at the time of sale or as soon after as the officer or other person holding the sale directs* and in default of pa#ment the propert# shall forthwith "e re%sold. '.( 8n pa#ment of the purchase%mone# the officer or other person holding the sale shall grant a receipt for the same* and the sale shall "ecome a"solute.
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'0( Where the mova"le propert# to "e sold is a share in goods "elonging to the 3udgment% de"tor and a co%owner* and two or more persons* of whom one is such co%owner* respectivel# "id the same sum for such propert# or for an# lot* the "idding shall "e deemed to "e the "idding of the co%owner. ?-. Fo irregularit# in pu"lishing or conducting he sale of mova"le propert# shall vitiate the sale "ut an# person sustaining an# in3ur# "# reason of such irregularit# at the hand of an# other person ma# institute a suit against him for compensation or 'if such other person is the purchaser( for the recover# of the specific propert# and for compensation in default of such recover#. ?+.%'&( Where the propert# sold is mova"le propert# of which actual seiBure has "een made* it shall "e delivered to the purchaser. '.( Where the propert# sold is mova"le propert# in the possession of some person other than the 3udgment%de"tor* the deliver# thereof to the purchaser shall "e made "# giving notice to the person in possession prohi"iting him from delivering possession of the propert# to an# person except the purchaser. '0( Where the propert# sold is a de"t not secured "# a negotia"le instrument* or is a share in a corporation* the deliver# thereof shall "e made "# a written order of the Court prohi"iting the creditor from receiving the de"t or an# interest thereon* and the de"tor from ma1ing pa#ment thereof to an# person except the purchaser* or prohi"iting the person in whose name the share ma# "e standing from ma1ing an# transfer of the share to an# person except the purchaser* or receiving pa#ment of an# dividend or interest thereon* and the manager* secretar# or other proper officer of the corporation from permitting an# such transfer or ma1ing an# such pa#ment to an# person except the purchaser. -,.%'&( Where the execution of a document or the endorsement of the part# in whose name a negotia"le instrument or a share in a corporation is standing is re5uired to transfer such negotia"le instrument or share* the Judge or such officer as he ma# appoint in this "ehalf ma# execute such document or ma1e such endorsement as ma# "e necessar#* and such execution or endorsement shall have the same effect as an execution or endorsement "# the part#. '.( Such execution or endorsement ma# "e in the following form namel#$% AI "# C: Judge of the Court of 'or as the case ma# "e( in a suit "# E< against AI. '0( Entil the transfer of such negotia"le instrument or share* the Court ma# "# order appoint some person to receive an# interest or divided due thereon and to sign a receipt for the same and an# receipt so signed shall "e as valid and effectual for all purposes as if the same had "een signed "# the part# himself.
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-&. !n case of an# mova"le propert# not herein"efore provided for* the Court ma# ma1e an order vesting such propert# in the purchaser or as he ma# direct and such propert# shall vest accordingl#. 'ale of %<<ova9le Pro-ert; -.. Sales of immova"le propert# in execution of decrees ma# "e ordered "# an# Court other than a Court of Small Causes. -0.% '&( Where an order for the sale of immova"le propert# has "een made* if the 3udgment%de"tor can satisf# the Court that there is reason to "elieve that the amount of the decree ma# "e raised "# the mortgage or lease or private sale of such propert#* or some part thereof* or of an# other immova"le propert# of the 3udgement%de"tor the Court ma# on his application postpone the sale of the propert# comprised in the order for sale on such terms and for such period as it thin1s proper* to ena"le him to raise the amount. '.( !n such case the Court shall grant a certificate to the 3udgment%de"tor authoriBing him within a period to "e mentioned therein* and notwithstanding an#thing contained in section 76 to ma1e the proposed mortgage lease or sale$ Provided that all monies pa#a"le under such mortgage* lease or sale shall "e paid not to the 3udgment%de"tor* "ut save in so far as a decree%holder is entitled to set%off such mone# under the provisions of rule ?. into Court$ Provided also that no mortgage leases or sale under this rule shall "ecome a"solute until it has "een confirmed "# the Court. '0( Fothing in this rule shall "e deemed to appl# to a sale of propert# directed to "e sold in execution of a decree for sale in enforcement of a mortgage of or charge on such propert#. -6.%'&( 8n ever# sale of immova"le propert# the person declared to "e the purchaser shall pa# immediatel# after such declaration a deposit ot twent#%five per cent. 8n the amount of his purchase mone# to the officer or other person conducting the sale and in default of such deposit the propert# shall forthwith "e resold. '.( Where the decree holder is the purchaser and is entitled to set off the purchase%mone# under rule &.* the Court ma# dispense with the re5uirements of this rule. -;. )he full amount of purchase%mone# pa#a"le shall "e paid "# the purchaser into Court "efore the Court closes on the fifteenth da# from the sale of the propert#$ Provided that in calculating the amount to "e so paid into Court* the purchaser shall have the advantage of an# set%off to which he ma# "e entitled under rule ?..
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-7. !n default of pa#ment within the period mentioned in the last preceding rule the deposit ma# if the court thin1s fit after defra#ing the expenses of the sale* "e forfeited to the =overnment and the propert# shall "e re%sold and the defaulting purchaser shall forfeit all claim to the propert# or to an# part of the sum for which it ma# su"se5uentl# "e sold. -?. Ever# re%sale of immova"le propert# in default of pa#ment of the purchase%mone# within the period allowed for such pa#ment shall "e made after the issue of a fresh proclamation in the manner and for the period herein"efore prescri"ed for the sale. --. Where the propert# sold is a share of undivided immova"le propert# and two or more persons of whom one is a co%sharer* respectivel# "id the same sum for such propert# or for an# lot the "id shall "e deemed to "e the "id of the co%sharer. -+. % '&( Where immova"le propert# has "een sold in execution of a decree* an# person either owning such propert# or holding an interest therein "# virtue of a title ac5uired "efore such sale ma# appl# to have the sale set aside on his depositing in Court* % a( for pa#ment to the purchaser a sum e5ual to five per cent of the purchase mone# and "( for pa#ment to the decree holder the amount specified in the proclamation of sale as that for the recover# of which the sale was ordered less an# amount which ma# since the date of such proclamation of sale have "een received "# the decree holder. '.( Where a person applied under rule +, to set aside the sale of his immova"le propert# he shall not unless he withdraws his application "e entitled to ma1e or prosecute an application under this rule. '0( Fothing in this rule shall relieve the 3udgement%de"tor from an# lia"ilit# he ma# "e under in respect of costs and interest not covered "# the proclamation of sale. +,. Where an# immova"le propert# has "een sold in execution of a decree the decree% holder or an# person entitled to share in a ratea"le distri"ution of assets or whose interests are affected "# the sale ma# appl# to the Court to set aside the sale on the ground of a material irregularit# or fraud in pu"lishing or conducting it$ Provided that no sale shall "e set aside on the ground of irregularit# or fraud unless upon the facts proved the Court is satisfied that the applicant has sustained su"stantial in3ur# "# reason of such irregularit# or fraud /and2 /Provided also that no such application shall "e entertained unless the applicant deposits such amount not exceeding twent# per cent of the sum realiBed at the sale or furnishes such securit# as the Court ma# direct2
&.,
/Provided further that no such application shall "e entertained unless the applicant deposits such amount not exceeding twent# per cent of the sum realiBed at the sale or furnishes such securit# as the Court ma# direct.2 +&. +&. )he purchaser at an# such sale in execution of a decree ma# appl# to the Court to set aside the sale on the ground that the 3udgment%de"tor had no salea"le interest in the propert# sold. +..% '&( Where no application is made under rule -+* rule +, or rule +&* or where such application is made and disallowed the Court shall ma1e an order confirming the sale and thereupon the sale shall "ecome a"solute. '.( Where such application is made and allowed and where in the case of an application under rule -+ the deposit re5uired "# that rule is made within thirt# da#s from the date of sale the Court shall ma1e an order setting aside the sale$ Provided that no order shall "e made unless notice of the application has "een given to all persons affected there"#. '0( Fo suit to set aside an order made under this rule shall "e "rought "# an# person against whom such order is made. +0. Where a sale of immova"le propert# is set aside under rule +. the purchaser shall "e entitled to an order for repa#ment of his purchase mone# with or without interest as the Court ma# direct against an# person to whom it has "een paid. +6. Where a sale of immova"le propert# has "ecome a"solute the Court shall grant a certificate specif#ing the propert# sold and the name of the person who at the time of sale is declared to "e the purchaser. Such certificate shall "ear date the da# on which the sale "ecame a"solute. +;. Where the immova"le propert# sold is in the occupanc# of the 3udgment%de"tor or of some person on his "ehalf or of some person claiming under a title created "# the 3udgment de"tor su"se5uentl# to the attachment of such propert# and a certificate in respect thereof has "een granted under rule +6 the Court shall on the application of the purchaser order deliver# to "e made "# putting such purchaser or an# person whom he ma# appoint to receive deliver# on his "ehalf in possession of the propert# and if need "e "# removing an# person who refuses to vacate the same. +7. Where the propert# sold is in the occupanc# of a tenant or other person entitled to occup# the same and a certificate in respect thereof has "een granted under rule +6* the Court shall* on the application of the purchaser order deliver# to "e made "# affixing a cop# of the certificate of sale in some conspicuous place on the propert# and proclaiming to the occupant "# "eat of drum or other customar# mode* at some convenient place that the interest of 3udgment de"tor has "een transferred to the purchaser.
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"esista.ce to )eliver; of Possessio. to )ecree/ older Or Purc aser +?.% '&( Where the holder of a decree for the possession of immova"le propert# or the purchaser of an# such propert# sold in execution of a decree is resisted or o"structed "# an# person in o"taining possession of the propert# he ma# ma1e an application to the Court complaining of such resistance or o"struction. '.( )he Court shall fix a da# for investigating the matter and shall summon the part# against whom the application is made to appear and answer the same. +-. Where the Court is satisfied that the resistance or o"struction was occasioned without an# 3ust cause "# the 3udgment%de"tor or "# some other person at his instigation it shall direct that the applicant "e put into possession of the propert# and where the applicant is still resisted or o"structed in o"taining possession the Court ma# also at the instance of the applicant order the 3udgment%de"tor or an# person acting at his instigation to "e detained in /K..2 prison for a term which ma# extend to thirt# da#s. ++. Where the Court is satisfied that the resistance or o"struction was occasioned "# an# person 'other than the 3udgment%de"tor( claiming in good faith to "e in possession of the propert# on his own account or on account of some person other than the 3udgment% de"tor the Court shall ma1e an order dismissing the application. &,,.% '&( Where an# person other than the 3udgment%de"tor is dispossessed of immova"le propert# "# the holder of a decree for the possession of such propert# or where such propert# has "een sold in execution of a decree "# the purchaser thereof he ma# ma1e an application to the Court complaining of such dispossession. '.( )he Court shall fix a da# for investigating the matter and shall summon the part# against whom the application is made to appear and answer the same. &,&. Where the Court is satisfied that the applicant was in possession of the propert# on his own account or on account of some person other than the 3udgement%de"tor it shall direct that the applicant "e put into possession of the propert#. &,.. Fothing in rules ++ and &,& shall appl# to resistance or o"struction in execution of a decree for the possession of immova"le propert# "# a person to whom the 3udgment% de"tor has transferred the propert# after the institution of the suit in which the decree was passed or to the dispossession of an# such person. /&,0. % All 5uestions arising as to title* right or interest in or possession of immova"le propert# "etween an applicant under rule +? and the opposite%part# or "etween an applicant under rule &,, and the opposite part# shall "e ad3udicated upon and determined "# the Court and no separate suit shall lie for the determination of an# such matter.2
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8R:ER 99!! :EA)H* AARR!A=E AF: !FS8@DEFCQ 8< PAR)!ES &. )he death of plaintiff or defendant shall not cause the suit to a"ate if the right to sue survives. .. Where there are more plaintiffs or defendants than one* and an# of them dies* and where the right to sue survives to the surviving plaintiffs or plaintiffs alone or against the surviving defendant or defendants alone the Court shall cause an entr# to that effect to "e made on the record and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs or against the surviving defendant or defendants. 0. % '&( Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiffs alone /or on receipt of an intimation of the death of such plaintiff from the person nominated "# him for that purpose under rule .7* 8rder D!! or a sole plaintiff or sole surviving plaintiff dies and the right to sue survives the Court on an application made in that "ehalf shall cause the legal representative of the deceased plaintiff to "e made a part# and shall proceed with the suit. /'.( Where within the time allowed "# law no application is made or intimation is given under su"%rule '!(* the Court ma# proceed with the suit and an# order made or 3udgment pronounced in such suit shall notwithstanding the death of such plaintiff have the same force and effect as if it had "een made or pronounced "efore the death too1 place.2 6.% '&( Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone /or on receipt of an intimation of the death of such defendant from the person nominated "# him for that purpose under rule &0* 8rder D!!!2 or a sole defendant or sole surviving defendant dies and the right to sue survives the Court on an application made in that "ehalf* shall cause the legal representative of the deceased defendant to made a part# and shall proceed with the suit. '.( An# person so made a part# ma# ma1e an# defence appropriate to his character as legal representative of the deceased defendant. /'0( When within the time limited "# law no application is made or intimation is given under su"%rule '&( the Court ma# proceed with the suit and an# order made or 3udgment pronounced in such suit shall notwithstanding the death of such defendant have the same force and effect as if it had "een pronounced "efore the death too1 place.2 /'6( !t shall not "e necessar# to su"stitute the legal representatives of an# such defendant who has failed to file a written statement or has failed to appear and contest the suit at the hearing and 3udgment ma# in such case "e pronounced against the said defendant notwithstanding his death and such 3udgment shall have the same force and effect as if had "een pronounced "efore his death too1 place.2
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;. Where a 5uestion arises as to whether an# person is or is not the legal representative of a deceased plaintiff or a deceased defendant such 5uestion shall "e determined "# the Court. 7. Fotwithstanding an#thing contained in the foregoing rules* whether the cause of action survives or not* there shall "e no a"atement "# reason of the death of either part# "etween the conclusion of the hearing and the pronouncing of the 3udgment* "ut 3udgment ma# in such case "e pronounced notwithstanding death and shall have the same force and effect as if it had "een pronounced "efore the death too1 place. ?. % '&( )he marriage of a female plaintiff or defendant shall not cause the suit to a"ate "ut the suit ma# notwithstanding "e proceeded with to 3udgment and where the decree is against a female defendant it ma# "e executed against her alone. '.( Where the hus"and is "# law lia"le for the de"ts of his wife the decree ma# with the permission of the Pcourt "e executed against the hus"and also and in case of 3udgment for the wife execution of the decree ma# with such permission* "e issued upon the application of the hus"and where the hus"and is "# law entitled to the su"3ect%matter of the decree. -. % '&( )he insolvenc# of a plaintiff in an# suit which the assignee or receiver might maintain for the "enefit of his creditors* shall not cause the suit to a"ate unless such assignee or receiver declines to continue the suit or 'unless for an# special reason the Court otherwise directs( to give securit# for the costs thereof within such time as the Court ma# direct. '.( Where the assignee or receiver neglects or refuses to continue the suit and to give such securit# within the time so ordered the defendant ma# appl# for the dismissal of the suit on the ground of the plaintiffCs insolvenc# and the Court ma# ma1e an order dismissing the suit and awarding to the defendant the costs which he has incurred in defending the same to "e proved as a de"t against the plaintiffCs estate. +. % '&( When a suit is dismissed under rule - no fresh suit shall "e "rought on the same cause of action. '.( An# person claiming to "e the legal representative of a deceased plaintiff or defendant or the assignee or the receiver in the case of an insolvent /plaintiff ma# appl# to the Court for setting aside an# order made or 3udgment pronounced "# it in his a"sence and if it is proved that he was prevented "# an# sufficient cause from continuing the suit or defending the suit as the case ma# "e the Court shall set aside the order or the 3udgment upon such terms as to costs or otherwise as it thin1s fit.2 /'0( )he provisions of section ; of the @imitation Act* &+,- '!9 of &+,-( shall appl# to applications under su"%rule '.(.2
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&,. % '&( !n other cases of an assignment* creation or devolution of an# interest during the pendenc# of a suit the suit ma#* "# leave of the Court "e continued "# or against the person to or upon whom such interest has come or devolved. '.( )he attachment of a decree pending an appeal therefrom shall "e deemed to "e an interest entitling the person who procured such attachment to the "enefit of su"%rule '&(. &&. !n the application of this 8rder to appeals so far as ma# "e the word 4Plaintiff4 shall "e held to include an appellant the word 4defendant4 a respondent and the word 4suit4 an appeal. &.. Fothing in rules 0* 6 and - shall appl# to proceedings in execution of a decree or order. O")#" 22%%% 3%T4)"A3A$ AN) A)*('TM#NT OF '(%T' &. %'&( At an# time after the institution of a suit the plaintiff ma# as against all or an# of the defendants withdraw his suit or a"andon part of his claim. '.( Where the Court is satisfied % a( that a suit must fail "# reason of some formal defect or "( that there are other sufficient grounds for allowing the plaintiff to institute a fresh suit for the su"3ect%matter of a suit or part of a claim* it ma#* on such terms as it thin1s fit* grant the plaintiff permission to withdraw from such suit or a"andon such part of a claim with li"ert# to institute a fresh suit in respect of the su"3ect matter of such suit or such part of a claim. '0( Where the plaintiff withdraws from a suit or a"andons part of a claim without the permission referred to in su"%rule '.(* he shall "e lia"le for such costs as the Court ma# award and shall "e precluded from instituting an# fresh suit in respect of such su"3ect% matter or such part of the claim. '6( Fothing in this rule shall "e deemed to authorise the Court to permit one of several plaintiffs to withdraw without the consent of the others. .. !n an# fresh suit instituted on permission granted under the last preceding rule the plaintiff shall "e "ound "# the law of limitation in the same manner as if the first suit had not "een instituted. 0. Where it is proved to the satisfaction of the Court that a suit has "een ad3usted wholl# or in part "# an# lawful agreement or compromise or where the defendant satisfies the
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plaintiff in respect of the whole or an# part of the su"3ect%matter of the suit the Court shall order such agreement compromise or satisfaction to "e recorded and shall pass a decree in accordance therewith so far as it relates to the suit. 6. Fothing in this 8rder shall appl# to an# proceedings in execution of a decree or order. O")#" 22%V PA&M#NT %NTO CO("T &. )he defendant in an# suit to recover a de"t or damages ma# at an# stage of the suit deposit in Court such sum of mone# as he considers a satisfaction in full of the claim. .. Fotice of the deposit shall "e given through the Court "# the defendant to the plaintiff and the amount of the deposit shall 'unless the Court otherwise directs( "e paid to the plaintiff on his application. 0. Fo interest shall "e allowed to the plaintiff on an# sum deposited "# the defendant from the date of the receipt of such notice whether the sum deposited is in full of the claim or falls short thereof. 6. % '&( Where the plaintiff accepts such amount as satisfaction in part onl# of his claim* he ma# prosecute his suit for the "alance and if the court decides that the deposit "# the defendant was a full satisfaction of the plaintiffCs claim the plaintiff shall pa# the costs of the suit incurred after the deposit and the costs incurred previous thereto so far as the# were caused "# excess in the plaintiffCs claim. '.( PWhere the plaintiff accepts such amount as satisfaction in full of his claim he shall present to the Court a statement to that effect and such statement shall "e filed and the Court shall pronounce 3udgment accordingl# and in directing "# whom the costs of each part# are to "e paid the Court shall consider which of the parties is most to "lame for the litigation. !llustrations a( A owes I Rs.&,, . I sues A for the amount* having made no demand for pa#ment and having no reason to "elieve that the dela# caused "# ma1ing a demand would place him at a disadvantage. 8n the plaint "eing filed* A pa#s the mone# into Court. I accepts it in full satisfaction of his claim* "ut the Court should not allow him an# costs* the litigation "eing presuma"l# groundless on his part. "( I sues A under the circumstances mentioned in !llustration 'a(. 8n the plaint "eing filed A disputes the claim. Afterwards A pa#s the mone# into Court. I accepts it in full
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satisfaction of his claim. )he Court should also give I his costs of suit* ACs conduct having shown that the litigation was necessar#. c( A owes I Rs &,,* and is willing to pa# him that sum without suit. I claims Rs.&;, and sues A for that amount. 8n the plain "eing filed A pa#s Rs.&,, into Court and disputes onl# his lia"ilit# to pa# the remaining Rs.;,. I accepts the Rs.&,, in full satisfaction of his claim. )he Court should order him to pa# ACs costs. O")#" 22V '#C("%T& FO" CO'T' &.% '&( Where at an# stage of a suit it appears to the Court that a sole plaintiff is* or 'when there are more plaintiffs than one( that all the plaintiffs are residing out of /Pa1istan2 and that such plaintiff does not or that no one of such plaintiffs does possess an# sufficient immova"le propert# within /Pa1istan2 other than the propert# in suit the Court ma#* either of its own motion or on the application of an# defendant* order the plaintiff or plaintiffs* within a time fixed "# it* to give securit# for the pa#ment of all costs incurred and li1el# to "e incurred "# an# defendant. '.( Whoever leaves /Pa1istan2 under such circumstances as to afford reasona"le pro"a"ilit# that he will not "e forthcoming whenever he ma# "e called upon topa# costs shall "e deemed to "e residing out of /Pa1istan2 within the meaning of su"%rule '&(. '0( 8n the application of an# defendant in a suit for the pa#ment of mone#* in which the plaintiff is a woman* the Court ma# at an# stage of the suit ma1e a li1e order if it is satisfied that such plaintiff does not possess an# sufficient immova"le propert# within /Pa1istan2. ..% '&( !n the event of such securit# not "eing furnished within the time fixed* the Court shall ma1e an order dismissing the suit unless the plaintiff or plaintiffs are permitted to withdraw therefrom. '.( Where a suit is dismissed under this rule* the plaintiff ma# appl# for an order to set the dismissal aside* and*. !f it is proved to the satisfaction of the Court that he was prevented "# an# sufficient cause from furnishing the securit# within the time allowed* the Court shall set aside the dismissal upon such terms as to securit#* costs or otherwise as is thin1s fit* and shall appoint a da# for proceeding with the suit. '0( )he dismissal shall not "e set aside unless notice of such application has "een served on the defendant. O")#" 22V% COMM%''%ON'
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Commissions to Examine Witnesses &. An# court ma# in an# suit issue a commission for the examination on interrogatories or otherwise of an# person resident within the local limits of its 3urisdiction who is exempted under this Code from attending the Court or who is from sic1ness or infirmit# una"le to attend it. .. An order for the issue of a commission for the examination of a witness ma# "e made "# the Court either of its own motion or on the application* supported "# affidavit or otherwise* of an# part# to the suit or of the witness to "e examined. 0. A commission for the examination of a person who resides within the local limits of the 3urisdiction of the Court issuing the same ma# "e issued to an# person whom the Court thin1s fit to execute it. 6.%'&( An# Court ma# in an# suit issue a commission for the examination of % a( an# person resident "e#ond the local limits of its 3urisdiction "( an# person who is a"out to leave such limits "efore the date on which he is re5uired to "e examined in Court and c( /an# person in the service of the /State2 2 who cannot* in the opinion of the Court* attend without detriment to the pu"lic service. '.( Such commission ma# "e issued to an# Court* not "eing a High Court* within the local limits of whose 3urisdiction such person resides* or to an# pleader or other person whom the Court issuing the commission ma# appoint. '0( )he Court on issuing an# commission under this rule shall direct whether the commission shall "e returned to itself or to an# su"ordinate Court. ;. Where an# Court to which application is made for the issue of commission for the examination of a person residing at an# place not within/Pa1istan2 is satisfied that the evidence of such person is necessar#* the Court ma# issue such commission or a letter of re5uest. 7. Ever# Court receiving a commission for the examination of an# person shall examine him or cause him to "e examined pursuant thereto. ?. Where a commission has "een dul# executed it shall "e returned* together with the evidence ta1en 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 "e returned in terms of such order and the commission and the return thereto and the evidence ta1en under it shall 'su"3ect to the provisions of the next following rule( form part of the record of the suit.
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-. Evidence ta1en under a commission shall not "e read as evidence in the suit without the consent of the part# against whom the same is offered unless% a( the person who gave the evidence is "e#ond the 3urisdiction of the Court* or dead or una"le from sic1ness or infirmit# to attend to "e personall# examined* or exempted from personal appearance in Court* or is a /person in the service of the /State22 who cannot* in the opinion of the Court attend without detriment to the pu"lic service* or "( the Court in its discretion dispenses with the proof of an# of the circumstances mentioned in clause 'a( and authoriBes the evidence of an# person "eing read as evidence in the suit* notwithstanding proof that the cause for ta1ing such evidence "# commission has ceased at the time of reading the same. Commissions for @ocal !nvestigations +. !n an# suit in which the Court deems a local investigation to "e re5uisite or proper for the purpose of elucidating an# matter in dispute* or of ascertaining the mar1et%value of an# propert#* or the amount or an# mesne profits or damages or annual net profits* the Court ma# issue a commission to such person as it thin1s fit directing him to ma1e such investigation and to report thereon to the Court$ Provided that* where the /Provincial =overnment2 has made rules as to the persons to whom such commission shall "e issued* the Court shall "e "ound "# such rules. &,.%'&( )he Commissioner* after such local inspection as he deems necessar# and after reducing to writing the evidence ta1en "# him* shall return such evidence* together with his report in writing signed "# him to the Court. '.( )he report of the Commissioner and the evidence ta1en "# him '"ut ot the evidence without the report( shall "e evidence in the suit and shall form part of the record "ut the Court or* with the permission of the Court* an# of the parties to the suit ma# examine the Commissioner personall# in open Court touching an# 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. '0( Where the Court is for an# reason dissatisfied with the proceedings of the Commissioner* it ma# direct such further in5uir# to "e made as it shall thin1 fit. Commission to examine Accounts &&. !n an# suit in which an examination or ad3ustment of accounts is necessar#* the Court ma# issue a commission to such person as it thin1s fit directing him to ma1e such examination or ad3ustment. &..%'&( )he Court shall furnish the Commissioner with such part of the proceedings and such instructions as appear necessar# and the instructions shall distinctl# specif# whether
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the Commissioner is merel# to transmit the proceedings which he ma# hold on the in5uir#* or also to report his own opinion on the point referred for his examination. '.( )he proceedings and report 'if an#( of the Commissioner shall "e evidence in the suit* "ut where the Court has reason to "e dissatisfied with them* it ma# direct such further in5uir# as it shall thin1 fit. Commissions to ma1e Partitions &0. Where a preliminar# decree for partition has "een passed* the Court ma#* in an# case not provided for "# section ;6* issue a commission to such person as it thin1s fit to ma1e the partition or separation according to the rights as declared in such decree. &6.% '&( )he Commissioner shall* after such in5uir# as ma# "e necessar#* divide the propert# into as man# shares as ma# "e directed "# the order under which the commission was issued* and shall allot such shares to the parties* and ma#* if authorised thereto "# the said order* award sums to "e paid for the purpose of e5ualiBing the value of the shares. '.( )he Commissioner shall then prepare and sign a report or the Commissioners'where the commission was issued to more than one person and the# cannot agree( shall prepare and sign separate reports appointing the share of each part# and distinguishing each share 'if so directed "# the said order( "# metes and "ounds. Such report or reports shall "e annexed to the commission and transmitted to the Court and the Court* after hearing an# o"3ections which the parties ma# ma1e to the report or reports* shall confirm* var# or set aside the same. '0( Where the Court confirms or varies the report or reports it shall pass a decree in accordance with the same as confirmed or varied "ut where the Court sets aside the report or reports it shall either issue a new commission or ma1e such other order as it shall thin1 fit. =eneral Provisions &;. Iefore issuing an# commission under this 8rder* the Court ma# order such sum 'if an#( as it thin1s reasona"le for the expenses of the commission to "e* within a time to "e fixed paid into Court "# the part# at whose instance or for whose "enefit the commission is issued. &7. An# commissioner appointed under this 8rder ma#* unless otherwise directed "# the order of appointment*% a( examine the parties themselves and an# witness whom the# or an# of them ma# produce* and an# other person whom the Commissioner thin1s proper to call upon to give evidence in the matter referred to him
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"( call for and examine documents and other things relevant to the su"3ect of in5uir# c( at an# reasona"le time enter upon or into an# land or "uilding mentioned in the order. &?.% '&( )he provisions of this Code relating to the summoning* attendance and examination of witnesses* and to the remuneration of* and penalties to "e imposed upon* witnesses* shall appl# to persons re5uired to give evidence or to produce documents under this 8rder whether the commission in execution of which the# are so re5uired has "een issued "# a Court situate within or "# a Court situate "e#ond the limits of /Pa1istan2 and for the purpose of this rule the Commissioner shall "e deemed to "e a civil Court. '.( A Commissioner ma# appl# to an# Court 'not "eing a High Court( within the local limits of whose 3urisdiction a witness resides for the issue of an# process which he ma# find it necessar# to issue to or against such witness* and such Court ma#* in its discretion* issue such process a sit considers reasona"le and proper. &-.% '&( Where a commission is issued under this 8rder* the Court shall direct that the parties to the suit shall appear "efore the Commissioner in person or "# their agents or pleaders. '.( Where all or an# of the parties do not so appear* the Commissioner ma# proceed in their a"sence. /Commissions issued at the instance of <oreign )ri"unals. &+.% '&( !f a High Court is satisfied % a( that a foreign Court situated in a foreign countr# wishes to o"tain the evidence of a witness in an# proceeding "efore it* "( that the proceeding is of a civil nature* and c( that the witness is residing within the limits of the High CourtCs appellate 3urisdiction. !t ma#* su"3ect to the provisions of rule .,* issue a commission for the examination of such witness. '.( Evidence ma# "e given of the matters specified in clauses 'a(* '"( and 'c( of su"%rule '&(% a( "# a certificate signed "# the consular officer of the foreign countr# of the highest ran1 in /Pa1istan2 and transmitted to the High Court through the /Central =overnment2* or "( "# a letter of re5uest issued "# the foreign Court and transmitted to the High Court through the /Central =overnment2 or c( "# a letter of re5uest issued "# the foreign Court and produced "efore the High Court "# a part# to the proceeding. .,. )he High Court ma# issue a commission under rule &+ %
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a( upon application "# a part# to the proceeding "efore the foreign Court or "( upon an application "# a law officer of the /Provincial =overnment2 acting under instructions from the /Provincial =overnment2. .&. A commission under rule &+ ma# "e issued to an# Court within the local limits of whose 3urisdiction the witness resides* or* where >>> the witness resides within the local limits of /the ordinar# original civil 3urisdiction of the High Court2* to an# person whom the Court thin1s fit to execute the commission. .&. )he provisions of rules 7* &;* &7* &? and &- of this 8rder in so far as the# are applica"le shall appl# to the issue* execution and return of such commissions* and when an# such commission has "een dul# executed it shall "e returned* together with the evidence ta1en under it* to the High Court* which shall forward it to the /Central =overnment2 along with the letter or re5uest for transmission to the foreign Court2. O")#" 22V%% '(%T' 1& O" A+A%N'T [T4# [+OV#"NM#NT!! O" P(1$%C OFF%C#"' %N T4#%" OFF%C%A$ CAPAC%T& &. !n an# suit "# or against /the /=overnment22* the plaint or written statement shall "e signed "# such person as /the /=overnment22 ma#* "# general or special order* appoint in this "ehalf* and shall "e verified "# an# person whom / the /=overnment22 ma# so appoint and who is ac5uainted with the facts of the case. .. Persons "eing ex officio or other wise authorised to act for /the /=overnment22 in respect of an# 3udicial proceeding shall "e deemed to "e the recogniBed agents "# whom appearances* acts and applications under this Code ma#"e made or done on "ehalf of /the/=overnment22. 0. !n suits "# or /against the /=overnment22 instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant* it shall "e sufficient to insert /the appropriate name as provided in section ?+* >>>2. /6. )he =overnment2 pleader in an# Court shall "e the agent of the /=overnment2 for the purpose of receiving processes against the /=overnment2 issued "# such PCourt.2 ;. )he Court* in fixing the da# for /the /=overnment22 to answer to the plaint* shall allow a reasona"le time for the necessar# communication/with the /=overnment22 through the proper channel* and for the issue of instructions to the //=overnment2 pleader2 to appear and answer on "ehalf of /the /=overnment22 >>> and ma# extend the time at its discretion.
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7. )he Court ma# also* in an# case in which the / / =overnment2 pleader2 is not accompanied "# an# person on the part of /the /=overnment22 who ma# "e a"le to answer an# material 5uestions relating to the suit* direct the attendance of such a person. ?.% '&( Where the defendant is a pu"lic officer and* on receiving the summons* considers it proper to ma1e a reference to /the /=overnment22 "efore answering the plaint* he ma# appl# to the Court to grant such extension of the time fixed in the summons as ma# "e necessar# to ena"le him to ma1e such reference and to receive orders thereon through the proper channel. '.( Epon such application the court shall extend the time for so long as appears to it to "e necessar#. -.% '&( Where /the /government22 underta1es the defence of a suit against a pu"lic officer /the =overnment2 pleader2* upon "eing furnished with authorit# to appear and answer the plaint* shall appl# to the Court* and upon such application the Court shall cause a note of his authorit# to "e entered in the register of civil suits. '.( Where no application under su"%rule '&( is made "# /the /=overnment2 pleader2 on or "efore the da# fixed in the notice for the defendant to appear and answer* the case shall proceed as in a suit "etween private parties$ Provided that the defendant shall not "e lia"le to arrest* nor his propert# to attachment otherwise than in execution of a decree. -.A. Fo such securit# as is mentioned in rules ; and 7 of 8rder 9@! shall "e re5uired from the /=overnment2 or where the /=overnment2 has underta1en the defence of the suit* from an# pu"lic officer sued in respect of an act alleged to "e done "# him in his official capacit#. -I. !n this 8rder 4/=overnment24 and 4/=overnment2 pleader4 means respectivel#% a( in relation to an# suit "# or against >>> the Central =overnment* or against a pu"lic officer in the service of that =overnment* the Central =overnment and such pleader as that =overnment ma# appoint whether generall# or speciall# for the purposes of this 8rder$ "( > > > > > > > > > > c( in relation to an# suit "# or against a Provincial =overnment or against a pu"lic officer in the service of a Province* the Provincial =overnment and the =overnment pleader* or such other pleader as the Provincial =overnment ma# appoint* whether generall# or speciall# for the purposes of this 8rder.2 [O")#" 22V%%A '(%T' %NVO$V%N+ AN&'(1'TANT%A$ 0(#'T%ON A' TO T4# %NT#"P"#TAT%ON OF CON'T%T%ONA$ $A3
&00
&. !n an# suit in which it appears to the Court that / an# su"stantial 5uestion as to the interpretation of constitutional law2 is involved* the Court shall not proceed to determine the 5uestion until after notice has "een given to the /Attorne#%=eneral for Pa1istan2 if the 5uestion of law concerns the Central =overnment and to the Advocate%=eneral of the Province if the 5uestion of law concerns a Provincial =overnment. .. )he Court ma# at an# stage of the proceedings order that the Central =overnment or a provincial =overnment shall "e added as a defendant in an# suit involving /an# su"stantial 5uestion as to the interpretation of constitutional law2 if the /Attorne#%=eneral for Pa1istan2 or the Advocate%=eneral of the Province as the case ma# "e* whether upon receipt of notice under rule &* or otherwise applies for such addition and the Court is satisfied that such addition is necessar# or desira"le for the satisfactor# determination of the 5uestion of law involved. 0. Where under rule . =overnment is added as a defendant in a suit /the Attorne#% =eneral2 the Advocate =eneral or the =overnment shall not "e entitled to or lia"le for costs in the Court which ordered the addition unless the Court having regard to all the circumstances of the case for an# special reason otherwise orders . 6. !n the application of this 8rder to appeals the word 4 defendant4 shall "e held to include a respondent and the word 4suit4 an appeal. O")#" 22V%%% '(%T' 1& O" A+A%N'T M%$%TA"& [O" NAVA$!M#N [O" A%"M#N! &. % '&( Where an# officer* /soldier* sailor or airman2 actuall# /in the service of the State2 in /such2 capacit# is a part# to a suit* and cannot o"tain leave of a"sence for the purpose of prosecuting or defending the suit in person* he ma# authorise an# person to sue or defend in his stead. '.( )he authorit# shall "e in writing and shall "e signed "# the officer* /soldier* sailor or airman2 in the presence of 'a( his commanding officer* or he next su"ordinate officer* if the part# is himself the commanding officer* or '"( where the officer* /soldier* sailor or airman2 is serving in militar# /naval2 /or air force2 staff emplo#ment* the head or other superior officer of the office in which he is emplo#ed. Such commanding or other officer shall counter sign the authorit# which shall "e filed in Court. '0( When so filed the countersignature shall "e sufficient proof that he authorit# was dul# executed* and that the officer* /soldier* sailor or airman2 "# whom it was granted could not o"tain leave of a"sence for the purpose of prosecuting or defending the suit in person.
&06
Explanation % !n this 8rder the expression 4commanding officer4 means the officer in actual command for the time "eing of an# regiment* corps* /ship2 detachment or depot to which the officer* /soldier* sailor or airman2 "elongs. .. An# person authorised "# an officer* /soldier* sailor or airman2 to prosecute or defend a suit in his stead ma# prosecute or defend it in person in the same manner as the officer* /soldier* sailor or airman2 could do if present or he ma# appoint a pleader to prosecute or defend the suit on "ehalf of such officer* /soldier* sailor or airman2. 0. Processes served upon an# person authorised "# an officer* /soldier* sailor or airman2 under rule & or upon an# pleader appointed as aforesaid "# such person shall "e as effectual as if the# had "een served on the part# in person. O")#" 22%2 '(%T' 1& O" A+A%N'T CO"PO"AT%ON' &. !n suits "# or against a corporation* an# pleading ma# "e signed and verified on "ehalf of the corporation "# the secretar# or "# an# director or other principal officer of the corporation who is a"le to depose to the facts of the case. .. Su"3ect to an# statutor# provision regulating service of process* where the suit is against a corporation the summons ma# "e served % a( on the secretar#* or on an# director* or other principal officer of the corporation * or "( "# leaving it or sending it "# post addressed to the corporation at the registered office* or if there is no registered office then at the place where the corporation carries on "usiness. 0. )he Court ma#* at an# stage of the suit* re5uire the personal appearance of the secretar# or of an# director* or other principal officer of the corporation who ma# "e a"le to answer material 5uestions relating to the suit. O")#" 222 '(%T' 1& O" A+A%N'T F%"M' AN) P#"'ON' CA""&%N+ ON 1('%N#'' %N NAM#' OT4#" T4AN T4#%" O3N &.% '&( An# two or more persons claiming or "eing lia"le as partners and carr#ing on "usiness in /Pa1istan2 ma# sue or "e sued in the name of firm 'if an#( of which such persons were partners at the time of the accruing of the cause of action and an# part# to a suit ma# in such case appl# to the Court for a statement of the names and addresses of the persons who were at the time of the accruing of the cause of action partners in such firm* to "e furnished and verified in such manner as the Court ma# direct.
&0;
'.( Where persons sue on sued as partners in the name of their firm under su"%rule '&( it shall in the case of an# pleading or other document re5uired "# or under this Code to "e signed verified or certified "# the plaintiff or the defendant suffice if such pleading or other document is signed* verified or certified "# an# one of such persons. ..% '&( Where a suit is instituted "# partners in the name of their firm* the plaintiffs or their pleader shall* on demand in writing "# or on "ehalf of an# defendant* forthwith declare in writing the names and places of residence of all the persons constituting a firm on whose "ehalf the suit is instituted. '.( Where the plaintiffs or their pleader fail to compl# with an# demand made under su"% rule '&( all proceedings in the suit ma# upon an application for that purpose* "e sta#ed upon such terms as the Court ma# direct. '0( Where the names of the partners are declared in the manner referred to in su"%rule '&(* the suit shall proceed in the same manner* and the same conse5uences in all respects shall follow* as if the# had "een named as plaintiffs in the plaint$ Provided that all the proceedings shall nevertheless continue in the name of the firm. 0. Where persons are sued as partners in the name of their firm* the summons shall "e served either % a( upon an# one or more of the partners* or "( at the principal place at which the partnership "usiness is carried on within /Pa1istan2 upon an# person having* at the time of service* the control or management of the partnership "usiness there* as the Court ma# direct and such service shall "e deemed good service upon the firm so sued* whether all or an# of the partners are within or without /Pa1istan2$ Provided that* in the case of a partnership which has "een dissolved to the 1nowledge of the plaintiff "efore the institution of the suit* the summons shall "e served upon ever# person within /Pa1istan2 whom it is sought to ma1e lia"le. 6. % '&( Fotwithstanding an#thing contained in section 6; of the Contract Act* &-?.* where two or more persons ma# sue or "e sued in the name of a firm under the foregoing provisions and an# of such persons dies* whether "efore the institution or during the pendenc# of an# suit* it shall not "e necessar# to 3oin the legal representative of the deceased as a part# to the suit. '.( Fothing in su"%rule '&( shall limit or otherwise affect an# right which the legal representative of the deceased ma# have % a( to appl# to "e made a part# to the suit* or "( to enforce an# claim against the survivor or survivors.
&07
;. Where a summons is issued to a firm and is served in the manner provided "# rule 0* ever# person upon whom it is served shall "e informed "# notice in writing given at the time of such service* whether he is served as a partner or as a person having the control or management of the partnership "usiness* or in "oth characters* and in default of such notice* the person served shall "e deemed to "e served as a partner. 7. Where persons are sued as partners in the name of their firm* the# shall appear individuall# in their own names* "ut all su"se5uent proceedings shall* nevertheless continue in the names of the firm. ?. Where a summons is served in the manner provided "# rule 0 upon a person having the control or management of the partnership "usiness no appearance "# him shall "e necessar# unless he is a partner of the firm sued. -. An# person served with summons as a partner under rule 0 ma# appear under protest* den#ing that he is a partner* "ut such appearance shall not preclude the plaintiff from otherwise serving a summons on the firm and o"taining a decree against the firm in default of appearance where no partner has appeared. +. )his 8rder shall appl# to suits "etween a firm and one or more of the partners therein and to suits "etween firms having one or more partners in common "ut no execution shall "e issued in such suits except "# leave of the Court and on an application for leave to issue such execution* all such accounts and in5uiries ma# "e directed to "e ta1en and made and directions given as ma# "e 3ust. &,. An# person carr#ing on "usiness in a name or st#le other than his own name ma# "e sued in such name or st#le as if it were a firm name and so far as the nature of the case will permit* all rules under this 8rder shall appl#. O")#" 222% '(%T' 1& O" A+A%N'T T"('T##', #2#C(TO"' AN) A)M%N%'T"ATO"' &. !n all suits concerning propert# vested in a trustee* executor or administrator* where the contention is "etween the persons "eneficiall# interested in such propert# and a third person* the trustee* executor or administrator shall represent the person so interested* and it shall not ordinaril# "e necessar# to ma1e them parties to the suit. Iut the Court ma#* if it thin1s fit* order them or an# of them to "e made parties. .. Where there are several trustees* executors or administrators the# shall all "e made parties to a suit against one or more of them$ Provided that the executors who have not proved their testatorCs will* and trustees executors and administrators outside /Pa1istan2 need not "e made parties.
&0?
0. Enless the Court directs otherwise the hus"and of a married trustee* administratrix or executrix shall not as such "e a part# to a suit "# or against her. O")#" 222%% '(%T' 1& O" A+A%N'T M%NO"' AN) P#"'ON' OF (N'O(N) M%N) &. Ever# suit "# a minor shall "e instituted in his name "# a person who in such suit shall "e called the next friend of the minor. .. % '&( Where a suit is instituted "# or on "ehalf of a minor without a next friend* the defendant ma# appl# to have the plaint ta1en off the file* with costs to us paid "# the pleader or other person "# whom it was presented. '.( Fotice of such application shall "e given to such person and the Court after hearing his o"3ections 'if an#( ma# ma1e such order in the matter as it thin1s fit. 0.% '&( Where the defendant is a minor* the Court on "eing satisfied of the fact of his minorit# shall appoint a proper person to "e guardian for the suit for such minor. '.( An order for the appointment of a guardian for the suit ma# "e o"tained upon application in the name and on "ehalf of the minor or "# the plaintiff. '0( Such application shall "e supported "# an affidavit verif#ing the fact that the proposed guardian has no interest in the matters in controvers# in the suit adverse to that of the minor and that he is a fit person to "e so appointed. '6( Fo order shall "e made on an# application under this rule except upon notice to minor and to an# guardian of the minor appointed or declared "# an authorit# competent in that "ehalf* or* where there is no such guardian upon notice to the father or other natural guardian of the minor* or* where there is no father or other natural guardian* to the person in whose case the minor is* and after hearing an# o"3ection which ma# "e urged on "ehalf of an# person served with notice under the su"%rule. /';( A person appointed under su"%rule '&( to "e guardian for the suit for a minor shall* unless his appointment is terminated "# retirement* removal or death* continues as such throughout all proceedings arising out of the suit including proceedings in an# appellate or revisional Court and an# proceedings in the execution of a decree.2 6. % '&( An# person who is of sound mind and has attained ma3orit# ma# act as next friend of a minor or as his guardian for the suit$ Provided that the interest of such person is not adverse to that of the minor and that of the minor and that he is not* in the case of a next friend* a defendant or* in the case of a guardian for the suit* a plaintiff.
&0-
'.( Where a minor has a guardian appointed or declared "# competent authorit#* no person other than such guardian shall act as the next friend of the minor or "e appointed his guardian for the suit unless the Court considers for reasons to "e recorded* that it is for the minorCs welfare that another person "e permitted to act or "e appointed* as the case ma# "e. '0( Fo person shall without his consent "e appointed guardian for the suit. '6( Where there is no other person fit and willing to act as guardian for the suit* the Court ma# appoint an# of its officers to "e such guardian* and ma# direct that the costs to "e incurred "# such officer in the performance of his duties as such guardian shall "e "orne either "# the parties or "# an# one or more of the parties to the suit* or out of an# fund in Court in which the minor is interested* and ma# give directions for the repa#ment or allowance of such costs as 3ustice and the circumstances of the case ma# re5uire. ;. % '&( Ever# application to the Court on "ehalf of a minor* other than an application under rule &,* su"%rule '.( shall "e made "# his next friend or "# his guardian for the suit. '.( Ever# order made in a suit or on an# application "efore the Court in or "# which a minor is in an# wa# concerned or affected* without such minor "eing represented "# a next friend or guardian for the suit* as the case ma# "e* ma# "e discharged and* where the pleader of the part# at whose instance such order was o"tained 1new* or might reasona"l# have 1nown* the fact of such minorit#* with costs to "e paid "# such pleader. 7.%'&( A next friend or guardian for the suit shall not* without the leave of the Court receive an# mone# or other mova"le propert# on "ehalf of a minor either% a( "# wa# of compromise "efore decree or order or "( under a decree or order in favour of the minor. '.(Where the next friend or guardian for the suit has not "een appointed or declared "# competent authorit# to "e guardian of the propert# of the minor* or* having "een so appointed or declared* is under an# disa"ilit# 1nown to the Court to receive the mone# or other mova"le propert# the PCourt shall if it grants him leave to receive the propert# re5uire such securit# and give such directions as will in its opinion* sufficientl# protect the propert# from waste and ensure its proper application. ?.%'&( Fo next friend or guardian for the suit shall without the leave of the Court expressl# recorded in the proceedings enter into an# agreement or compromise on "ehalf of a minor with reference to the suit in which he acts as next friend or guardian. '.( An# such agreement or compromise entered into without the leave of the Court so recorded shall "e voida"le against all parties other than the minor.
&0+
-.%'&( Enless otherwise ordered "# the Court a next friend shall not retire without first procuring a fit person to "e put in his place and giving securit# for the costs alread# incurred. '.( )he application for the appointment of a new next friend shall "e supported "# an affidavit showing the fitness of the person proposed and also that he has no interest adverse to that of the minor. +. % '&( Where the interest of the next friend of a minor is adverse to that of the minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to ma1e it unli1el# that the minorCs interest will "e properl# protected "# him* or where he does not do his dut#* or* during the pendenc# of the suit* ceases to reside within / Pa1istan2 or for an# other sufficient cause application ma# "e made on "ehalf of the minor or "# a defendant for his removal and the Court* if satisfied of the sufficienc# of the cause assigned ma# order the next friend to "e removed accordingl# and ma1e such other order as to costs as it thin1s fit. '.( Where the next friend is not a guardian appointed or declared "# an authorit# competent in this "ehalf and an application is made "# a guardian so appointed or declared* who desires to "e himself appointed in the place of the next friend* the Court shall remove the next friend unless it considers for reasons to "e recorded "# it that the guardian ought not to "e appointed the next friend of the minor and shall thereupon appoint the applicant to "e next friend in his place upon such terms as to the costs alread# incurred in the suit as it thin1s fit. &,. % '&( 8n the retirement removal or death of the next friend of a minor* further proceedings shall "e sta#ed until the appointment of a next friend in his place. '.( Where the pleader of such minor omits within a reasona"le time to ta1e steps to get a new next friend appointed* an# person interested in the minor or in the matter in issue ma# appl# to the Court for the appointment of one* and the Court ma# appoint such person as it thin1s fit. &&. % '&( Where the guardian for the suit desires to retire or does not do his dut#* or where other sufficient ground is made to appear* the Court ma# permit such guardian to retire or ma# remove him* and ma# ma1e such order as to costs as it thin1s fit. '.( Where the guardian for the suit retires* dies or is removed "# the Court during the pendenc# of the suit the Court shall appoint a new guardian in his place. &.. % '&( A minor plaintiff or a minor not a part# to a suit on whose "ehalf an application is pending shall* on attaining ma3orit#* elect whether he will proceed with the suit or application. '.( Where he elects to proceed with the suit or application "e shall appl# for an order discharging the next friend and for leave to proceed in his own name.
&6,
'0( )he title of the suit or application shall in such case "e corrected so as to read henceforth$% 4A. I.* late a minor* "# C.:.* his next friend* "ut now having attained ma3orit#.4 '6( Where he elects to a"andon the suit or application* he shall if a sole plaintiff or sole applicant* appl# for an order to dismiss the suit or application on repa#ment of the costs incurred "# the defendant or apposite%part# or which ma# have "een paid "# his next friend. ';( An# application under this rule ma# "e made ex parte$ "ut no order discharging a next friend and permitting a minor plaintiff to proceed in his own name shall "e made without an# notice to the next friend. &0. % '&( Where a minor co%plaintiff on attaining ma3orit# desires to repudiate the suit* he shall appl# to have his name struc1 out as co%plaintiff and the Court* if it finds that he is not a necessar# part# shall dismiss him from the suit on such terms as to costs or otherwise as it thin1s fit. '.( Fotice of the application shall "e served on the next friend on an# co%plaintiff and on the defendant. '0( )he costs of all parties of such application and of all or an# proceedings theretofore had in the suit* shall "e paid "# such persons as the Court directs. '6( Where the applicant is a necessar# part# to the suit* the Court ma# direct him to "e made a defendant. &6. % '&( A minor on attaining ma3orit# ma#* if a sole plaintiff* appl# that a suit instituted in his name "# his next friend "e dismissed on the ground that it was unreasona"le or improper. '.( Fotice of the application shall "e served on all the parties concerned and the Court upon "eing satisfied of such unreasona"leness or impropriet#* ma# grant the application and order the next friend to pa# the costs of all parties in respect of the application and of an#thing done in the suit* or ma1e such other order as it thin1s fit. &;. )he provisions contained in rules & to &6 so far as the# are applica"le* shall extend to persons ad3udged to "e of unsound mind and to persons who though not so ad3udged are found "# the Court in in5uir#* "# reason of unsoundness of mind or mental infirmit#* to "e incapa"le of protecting their interests when suing or "eing sued. &7. Fothing in this 8rder shall "e construed to affect or in an# wa# derogate from the provisions of an# local law for the time "eing in force relating to suits "# or against minors or "# or against lunatics or other persons of unsound mind. O")#" 222%%%
&6&
'(%T' 1& PA(P#"' &. Su"3ect to the following provisions* an# suit ma# "e instituted "# a pauper. Explanation$% A person is a 4pauper4 when he is not possessed of sufficient means to ena"le him to pa# the fee prescri"ed "# law for the plaint in such suit* or where no such fee is prescri"ed when he is not entitled to propert# worth /one thousand( rupees other than his necessar# wearing apparel and the su"3ect matter of the suit. .. Ever# application for permission to sue as a pauper shall contain the particulars re5uired in regard to plaints in suits a schedule of an# mova"le or immova"le propert# "elonging to the applicant with the estimated value thereof shall "e annexed thereto and it shall "e signed and verified in the manner prescri"ed for the signing and verification of pleadings. 0. Fotwithstanding an#thing contained in these rules* the application shall "e presented to the Court "# the applicant in person unless he is exempted from appearing in Court* in which case the application ma# "e presented "# an authorised agent who can answer all material 5uestions relating to the application and who ma# "e examined in the same manner as the part# represented "# him might have "een examined had such part# attended in person. 6. % '&( Where the application is in proper form and dul# presented the Court ma# if it thin1s fit examine the applicant or his agent when the applicant is allowed to appear "# agent regarding the merits of the claim and the propert# of the applicant. '.( Where the application is presented "# an agent* the Court ma# if it thin1s fit order that the applicant "e examined "# a commission in the manner in which the examination of an a"sent witness ma# "e ta1en. ;. )he Court shall re3ect an application for permission to sue as a pauper % a( where it is not framed and presented in the manner prescri"ed "# rules . and 0* or "( where the applicant is not a pauper* or c( where he has* within two months next "efore the presentation of the application* disposed of an# propert# fraudulentl# or in order to "e a"le to appl# for permission to sue as a pauper* or d( where his allegations do not show a cause of action* or e( where he has entered into an# agreement with reference to the su"3ect matter of the proposed suit under which an# other person has o"tained an interest in such su"3ect matter. 7. Where the Court sees no reason to re3ect the application on an# of the grounds stated in rule* ;* it shall fix a da# 'of which at last ten da#s clear notice shall "e given to the opposite part# and the =overnment pleader( for receiving such evidence as the applicant
&6.
ma# adduce in proof of his pauperism* and for hearing an# evidence which ma# "e adduced in disproof thereof. ?. % '&( 8n the da# so fixed or as soon thereafter as ma# "e convenient* the Court shall examine the witnesses 'if an#( produced "# either part# and ma# examine the applicant or his agent and shall ma1e a memorandum of the su"stance of their evidence. '.( )he Court shall also hear an# argument which the parties ma# desire to offer on the 5uestion whether* on the face of the application and of the evidence 'if an#( ta1en "# the Court as herein provided* the applicant is or is not su"3ect to an# of the prohi"itions specified in rule ;. '0( )he Court shall then either allow or refuse to allow the applicant to sue as a pauper. -. Where the application is granted it shall "e num"ered and registered* and shall "e deemed the plaint in the suit* and the suit shall proceed in all other respects as a suit instituted in the ordinar# manner* except that plaintiff shall not "e lia"le to pa# an# court% fee 'other than fee pa#a"le for service of process( in respect of an# petition* appointment of a pleader or other proceeding connected with the suit. +. )he Court ma# on the application of the defendant or of the =overnment pleader of which seven da#s clear notice in writing has "een given to the plaintiff order the plaintiff to "e dispaupered% a( if he is guilt# of vexatious or improper conduct in the course of the suit "( if it appears that his means are such that he ought not to continue to sue as a pauper or c( if he has entered into an# agreement with reference to the su"3ect%matter of the suit under which an# other person has o"tained an interest in such su"3ect matter. &,.Where the plaintiff succeeds in the suit* the Court shall calculate the amount of court fees which would have "een paid "# the plaintiff if he had not "een permitted to sue as a pauper such amount shall "e recovera"le "# the /Provincial =overnment2 from an# part# ordered "# the decree to pa# the same* and shall "e a first charge on the su"3ect matter of the suit. &&. Where the plaintiff fails in the suit or is dispaupered* or where the suit is withdrawn or dismissed* % a( "ecause the summons for the defendant to appear and answer has not "een served upon him in conse5uence of the failure of the plaintiff to pa# the court fee or postal charges 'if an#( chargea"le for such service* or "( "ecause the plaintiff does not appear when the suit is called on for hearing. )he Court shall order the plaintiff* or an# person added as a co%plaintiff to the suit* to pa# the court fees which would have "een paid "# the plaintiff if he had not "een permitted to sue as a pauper.
&60
/&&.%A. Where the suit a"ates "# reason of the death of the plaintiff or of an# person added as a co%plaintiff the Court shall order that the amount of court fees which would have "een paid "# the plaintiff if he had not "een permitted to sue as a pauper shall "e recovera"le "# the Provincial =overnment from the estate of the deceased plaintiff.2 &.. )he/Provincial =overnment shall have the right at an# time to appl# to the Court to ma1e an order for the pa#ment of court fees under rule &, /rule && or rule &&%A2. &0. All matters arising "etween the /Provincial =overnment2 and an# part# to the suit under rule &,* rule && /rule &&A2 or rule &. shall "e deemed to "e 5uestions arising "etween the parties to the suit within the meaning of section 6?. /&6. Where an order is made under rule &,* rule && or rule &&A the court shall forthwith cause a cop# of the decree or order to "e forwarded to the Collector* who ma# without pre3udice to an# other mode of recover# recover the amount of court fees specified therein from the person or propert# lia"le for the pa#ment as if it were an arrear of land revenue.2 &;. An order refusing to allow the applicant to sue as a pauper shall "e a "ar to an# su"se5uent application of the li1e nature "# him in respect of the same right to sue "ut the applicant shall "e at li"ert# to institute a suit in the ordinar# manner in respect of such right* provided that he first pa#s the costs* 'if an#( incurred "# the /Provincial =overnment2 and "# the opposite part# in opposing his application for leave to sue as a pauper. &7. )he costs of an application for permission to sue as a pauper and of an in5uir# into pauperism shall "e costs in the suit. O")#" 222%V '(%T' "#$AT%N+ TO MO"T+A+#' OF %MMOVA1$# P"OP#"T& &. Su"3ect to the provisions of this Code* all persons having an interest either in the mortgage%securit# or in the right of redemption shall "e 3oined as parties to an# suit relating to the mortgage. Explanation$ % A puisne mortgagee ma# sue for foreclosure or for sale without ma1ing the prior mortgagee a part# to the suit and a prior mortgagee need not "e 3oined in a suit to redeem a su"se5uent mortgage. /.. !n a suit for foreclosure* if the plaintiff succeeds* the Court shall pass a preliminar# decree % a( 8rdering that an account "e ta1en of what was due to the plaintiff at the date of such decree for %
&66
i. principal and interest on the mortgage* ii. the costs of suit* if an#* awarded to him and iii. other costs* charges and expenses properl# incurred "# himup to that date in respect of his mortgage%securit# together with interest thereon or "( declaring the amount so due at that date and c( directing % i. that* if the defendant pa#s into Court the amount so found or declared due on or "efore such date as the Court ma# fix within six months from the date on which the Court confirms and countersigns the account ta1en under clause 'a( or from the date on which such amount is declared in Court under clause '"( as the case ma# "e* and thereafter pa#s such amount as ma# "e ad3udged due in respect of su"se5uent costs* charges and expenses as provided in rule &,* together with su"se5uent interest on such sums respectivel# as provided in rule && the plaintiff shall deliver up to the defendant or to such person as the defendant appoints* all documents in his possession or power relating to the mortgaged propert#* and shall* if so re5uired* retransfer the propert# to the defendant at his cost free from the mortgage and from all encum"rances created "# the plaintiff or an# person claiming under him* or* where the plaintiff claims "# derived title "# those under whom he claims* and shall also if necessar# put the defendant in possession of the propert# and ii. that* if pa#ment of the amount found or declared due under or "# the preliminar# decree is not made on or "efore the date so fixed* or the defendant fails to pa# within such time as the Court ma# fix* the amount ad3udged due in respect of su"se5uent costs* charges* expenses and interest the plaintiff shall "e entitled to appl# for a final decree de"arring the defendant from all right to redeem the propert#. '.( )he Court ma# on good cause shown and upon terms to "e fixed "# the Court* from time to time* at an# time "efore a final decree is passed* extend the time fixed for the pa#ment of the amount found or declared due under su"%rule '&( or of the amount ad3udged due in respect of su"se5uent costs* charges expenses and interest. '0( Where in a suit for foreclosure* su"se5uent mortgagees or persons deriving title from or su"rogated to the rights of an# such mortgagees are 3oined as parties the preliminar# decree shall provide for the ad3udication of the respective rights and lia"ilities of the parties to the suit in the manner and form set forth in <orm Fo.+ or <orm Fo.&,* as the case ma# "e of Appendix : with such variations as the circumstances of the case ma# re5uire. 0. % '&( Where* "efore a final decree de"arring the defendant from all right to redeem the mortgaged propert# has "een passed* the defendant ma1es pa#ment into Court of all amounts due from him under su"%rule '&( of rule .* the Court shall on application made "# the defendant in this "ehalf* pass a final decree % a( ordering the plaintiff to deliver up the documents referred to in the preliminar# decree* and if necessar#* %
&6;
"( ordering him to re%transfer at the cost of the defendant the mortgaged propert# as directed in the said decree* and also if necessar# c( ordering him to put the defendant in possession of the propert#. '.( where pa#ment in accordance with su"%rule '&( has not "een made the Court shall on application made "# the plaintiff in this "ehalf* pass a final declaring that the defendant and all persons claiming through or under him are de"arred from all right to redeem the mortgaged propert# and also* if necessar#* ordering the defendant to put the plaintiff in possession of the propert#. '0( 8n the passing of a final decree under su"%rule '.( all lia"ilities to which the defendant is su"3ect in respect of the mortgage or on account of the suit shall "e deemed to have "een discharged. 6% '&( !n a suit for sale if the plaintiff succeeds the Court shall pass a preliminar# decree to the effect mentioned in clauses 'a(* '"( and 'c( '!( of su" rule '&( of rule .* and further directing that* in default of the defendant pa#ing as therein mentioned the plaintiff shall "e entitled to appl# for a final decree directing that the mortgaged propert# or a sufficient part thereof "e sold and the proceeds of the sale 'after deduction therefrom of the expenses of the sale( "e paid into Court and applied in pa#ment of what has "een found or declared under or "# the preliminar# decree due to the plaintiff* together with such amount as ma# have "een ad3udged due in respect of su"se5uent costs* charges* expenses and interest* and the "alance* if an#* "e paid to the defendant or other persons entitled to receive the same. '.( )he Court ma#* on good cause shown and upon terms to "e fixed "# the Court* from time to time at an# time "efore a final decree for sale is passed* extend the time fixed for the pa#ment of the amount found or declared due under su"%rule '&( or of the amount ad3udged due in respect of su"se5uent costs* charges* expenses and interest. '0( !n a suit for foreclosure in the case of an anomalous mortgage* if the plaintiff succeeds the Court ma# at the instance of an# part# to the suit or of an# other person interested in the mortgage%securit# or the right of redemption pass a li1e decree 'in liew of a decree for foreclosure( on such terms as it thin1s fit* including the deposit in Court of a reasona"le sum fixed "# the Court to meet the expenses of the sale and to secure the performance of the terms. '6(Where in a suit for sale or a suit for foreclosure in which sale is ordered* su"se5uent mortgages or persons deriving title from or su"rogated to the rights of an# such mortgagees are 3oined as parties the preliminar# decree referred to in su"%rule '&( shall provide for the ad3udication of the respective rights and lia"ilities of the parties to the suit in the manner and form set forth in <orm Fo.+* form Fo.*&, or <orm Fo.&& as the case ma# "e of Appendix : with such variations as the circumstances of the case ma# re5uire.
&67
;. Where on or "efore the da# fixed or at an# time "efore the confirmation of a sale made in pursuance of a final decree passed under su"%rule '0( of this rule* the defendant ma1es pa#ment into Court of all amounts due from him under su"%sule '&( of rule 6* the Court shall on application made "# the defendant in this "ehalf pass a final decree or if such decree has "een passed an order % a( ordering the plaintiff to deliver up the documents referred to in the preliminar# decree* and if necessar#* % "( ordering him to transfer the mortgaged propert# as directed in the said decree* and also if necessar#*% c( ordering him to put the defendant in possession of the propert#. '.( Rwhere the mortgaged propert# or part thereof has "een sold in pursuance of a decree passed under su"%rule '0( of this rule the Court shall not pass an order under su"%rule '&( of this rule unless the defendant in addition to the amount mentioned in su"%rule '&( deposits in Court for pa#ment to the purchaser a sum e5ual to five per cent of the amount of the purchase mone# paid into Court "# the purchaser. Where such deposit has "een made the purchaser shall "e entitled to an order for re% pa#ment of the amount of the purchase%mone# paid into Court "# him* together with a sum e5ual to five percent thereof. '0( Where pa#ment in accordance with su"%rule '&( has not "een made* the Court shall on application made "# the plaintiff in this "ehalf pass a final decree directing that the mortgaged propert# or a sufficient part thereof "e sold* and that the proceeds of the sale "e dealt with in the manner provided in su"%rule '&( of rule 6. 7. Where the net proceeds of an# sale held under the last preceding rule are found insufficient to pa# the amount due to the plaintiff the Court* on application "# him ma#* if the "alance is legall# recovera"le from the defendant otherwise than out of the propert# sold* pass a decree for such "alance. ?.% '&( !n a suit for redemption if the plaintiff succeeds the Court shall pass a preliminar# decree% a( 8rdering that an account "e ta1en of what was due to the defendant at the date of such decree for % i( principal and interest on the mortgage* ii( the costs of suit if an# awarded to him and iii( other costs* charges and expenses properl# incurred "# him up to that date in respect of his mortgage securit# together with interest thereon or "( declaring the amount so due at that date and c( directing % i( that* if the plaintiff pa#s into Court the amount so found or declared due on or "efore such date as the Court ma# fix within six months from the date on which the Court
&6?
confirms and countersigns the account ta1en under clause 'a( or from the date on which such amount is declared in Court under clause '"( as the case ma# "e and thereafter pa#s such amount as ma# "e ad3udged due in respect of su"se5uent costs* charges and expenses as provided in rule &, together with su"se5uent interest on such sums respectivel# as provided in rule &&* the defendant shall deliver up the plaintiff or to such person as the plaintiff appoints all documents in his possession or power relating to the mortgaged propert# and shall if so re5uired re%transfer the propert# to the plaintiff Rat his cost free from the mortgage and from all encum"rances created "# the defendant or an# person claiming under him* or where the defendant claims "# derived itle* "# those under whom he claims* and shall also if necessar# put the plaintiff in possession of the propert# and ii( that* if pa#ment of the amount found or declared due under or "# the preliminar# decree is not made on or "efore the date so fixed or the plaintiff fails to pa# within such time as the Court ma# fix the amount ad3udged due in respect of su"se5uent costs charges expenses and interest the defendant shall "e entitled to appl# for a final decree% a( in the case of a mortgage other than a usufructuar# mortgage a mortgage "# conditional sale or an anomalous mortgage the terms of which provide for foreclosure onl# and not for sale that the mortgaged propert# "e sold or "( in the case of a mortgage "# conditional sale or such an anomalous mortgage as aforesaid* that the plaintiff "e de"arred from all rights to redeem the propert#. '.( )he Court ma# on good cause shown and upon terms to "e fixed "# the Court from time to time at an# time "efore the passing of a final decree for foreclosure or sale as the case ma# "e extend the time fixed for the pa#ment of the amount found or declared due under su"%rule '&( or of the amount ad3udged due in respect of su"se5uent costs charges* expenses and interest. -.% '&( Where "efore a final decree de"arring the plaintiff from all right to redeem the mortgaged propert# has "een passed or "efore the confirmation of a sale held in pursuance of a final decree passed under su"%rule '0( of this rule* the plaintiff ma1es pa#ment into Court of all amounts due from him under su"%rule '&( of rule ?* the Court shall* on application made "# the plaintiff in this "ehalf* pass a final decree or* if such decree has "een passed* an order % a( ordering the defendant to deliver up the documents referred to in the preliminar# decree* and if necessar#*% "( ordering him to re%transfer at the cost of the plaintiff the mortgaged propert# as directed in the said decree* and also if necessar#*% c( ordering him to put the plaintiff in possession of the propert#.
&6-
'.( Where the mortgaged propert# or a part thereof has "een sold in pursuance of a decree passed under su"%rule '0( of this rule* the Court shall not pass an order under su"%rule '&( of this rule* unless the plaintiff in addition to the amount mentioned is su"%rule '&( deposits in Court for pa#ment to the purchaser a sum e5ual to five per cent of the amount of the purchase mone# paid into Court "# the purchaser. Where such deposit has "een made the purchaser shall "e entitled to an order for re% pa#ment of the amount of the purchase mone# paid into Court "# him* together with a sum e5ual to five per cent thereof. '0( Where pa#ment in accordance with su"%rule '&( has not "een made the Court shall on application made "# the defendant in this "ehalf* % a( in the case of a mortgage "# conditional sale or of such an anomalous mortgage as is herein"efore referred to in rule ?* pass a final decree declaring that the plaintiff and all persons claiming under him are de"arred from all right to redeem the mortgaged propert# and also if necessar# ordering the plaintiff to put the defendant in possession of the mortgaged propert# or "( in the case of an# other mortgage* not "eing a usufructuar# mortgage* pass a final decree that the mortgaged propert# or a sufficient part thereof "e sold* and the proceeds of the sale 'after deduction therefrom of the expenses of the sale( "e paid into Court and applied in pa#ment of what is found due to the defendant* and the "alance* if an#* "e paid to the plaintiff or other persons entitled to receive the same2 /-.%A% Where the net proceeds of an# sale held under the last preceding rule are found insufficient to pa# the amount due to the defendant* the Court on application "# him ma#* if the "alance is legall# recovera"le from the plaintiff otherwise than out of the propert# sold* pass a decree for such "alance2 +. Fotwithstanding an#thing herein"efore contained* if it appears* upon ta1ing the account referred to in rule ?* that nothing is due to the defendant or that he has "een overpaid* the Court shall pass a decree directing the defendant* if so re5uired* to re% transfer the propert# and to pa# to the plaintiff the amount which ma# "e found due to him and the plaintiff shall* if necessar#* "e put in possession of the mortgaged propert#. /&,. !n finall# ad3usting the amount to "e paid to a mortgagee in case of a foreclosure* sale or redemption* the Court shall unless in the case of costs of the suit the conduct of the mortgagee has "een such as to disentitle him thereto* add to the mortgage%mone# such costs of the suit and other costs charges and expenses as have "een properl# incurred "# him since the date of the preliminar# decree for foreclosure sale or redemption up to the time of actual pa#ment. &&. !n an# decree passed in a suit for foreclosure sale or redemption* where interest is legall# recovera"le* the Court ma# order pa#ment of interest to the mortgagee as follows* namel#$%
&6+
a( interest up the date on or "efore which pa#ment of the amount found or declared due is under the preliminar# decree to "e made "# the mortgagor or other person redeeming the mortgage % i( on the principal amount found or declared due on the mortgage* % at the rate pa#a"le on the principal* or where no such rage is fixed* at such rate as the Court deems reasona"le* ii( on the amount of the costs of the suit awarded to the mortgagee* % at such rate as the Court deems reasona"le from the date of the preliminar# decree* and iii( on the amount ad3udged due to the mortgagee for costs* charges and expenses properl# incurred "# the mortgagee in respect of the mortgage%securit# up to the date of the preliminar# decree and added to the mortgage mone#* at the rate agreed "etween the parties* or failing such rate* a the same rate as is pa#a"le on the principle* or failing "oth such rates at nine per cent per annum and '"( su"se5uent interest up to the ate of realiBation or actual pa#ment at such rate as the Court deems reasona"le % i( on the aggregate of the principal sums specified in clause 'a( and of the interest thereon as calculated in accordance with that clause and ii( on the amount ad3udged due to the mortgagee in respect of such further costs charges and expenses as ma# "e pa#a"le under rule &,.2 &.. Where an# propert# the sale of which is directed under this 8rder is su"3ect to a prior mortgage* the Court ma#* with the consent of the prior mortgagee* direct that the propert# "e sold free from the same giving to such prior mortgagee the same interest in the proceeds of the sale as he had in the propert# sold. &6. % '&( Such proceeds shall "e "rought into Court and applied as follows$% first in pa#ment of all expenses incident to the sale or properl# incurred in an# attempted sale secondl#* in pa#ment of whatever is due to the prior mortgagee on account of the prior mortgage and of cost properl# incurred in connection therewith. )hirdl# in pa#ment of all interest due on account of the mortgage in conse5uence whereof the sale was directed and of the cost of the suit in which the decree directing the sale was made <ourthl# in pa#ment of the principal mone# due on account of that mortgage and @astl# the residue 'if an#( shall "e paid to the person proving himself to the interested in the propert# sold* of if there are more such persons than one* then to such persons according to their respective interests therein or upon their 3oint receipt.
&;,
'.( Fothing in this rule or in rule &. shall "e deemed to affect the powers conferred "# section ;? of the )ransfer of Propert# Act* &--.. &6. '&( Where a mortgagee has o"tained a decree for the pa#ment of mone# in satisfaction of a claim arising under the mortgage* he shall not "e entitled to "ring the mortgaged propert# to sale otherwise than "# instituting a suit for sale in enforcement of the mortgage* and he ma# institute such suit notwithstanding an#thing contained in 8rder !!* rule .. '.( Fothing in su"%rule '&( shall appl# to n# territories to which the )ransfer of Propert# Act* &--. has not "een extended. /&;. All the provisions contained in this 8rder which appl# to a simple mortgage shall* so far as ma# "e appl# to a mortgage "# deposit of title%deeds within the meaning of section ;-* and to a charge within the meaning of section &,, of the )ransfer of Propert# Act &--.2 O")#" 222V %NT#"P$#A)#" &. !n ever# suit of interpleader the plaint shall* in addition to other statements necessar# for plaints* state % a( that the plaintiff claims no interest in the su"3ect matter in dispute other than for charges or costs "( the claims made "# the defendants severall# and c( that there is no collusion "etween the plaintiff and an# of the defendants. .. Where the thing claimed is capa"le of "eing paid into Court or placed in the custod# of the Court the Plaintiff ma# "e re5uired to so pa# or place it "efore he can "e entitled to an# order in the suit. 0. Where an# of the defendants in an interpleader%suit is actuall# suing the plaintiff in respect of the su"3ect%matter of such suit* the Court in which the suit against the plaintiff is pending shall on "eing informed "# the Court in which the interpleader suit has "een instituted sta# the proceedings as against him and his costs in the suit so sta#ed ma# "e provided for in such suit "ut if and in so far as the# are not provided for in that suit the# ma# "e added to his costs incurred in the interpleader suit. 6. % '&( At the first hearing the Court ma# % a( declare that the plaintiff is discharged from all lia"ilit# to the defendants in respect of the thing claimed* award him his costs and dismiss him from the suit or "( if it thin1s that 3ustice or convenience so re5uire retain all parties until the final disposal of the suit.
&;&
'.( Where the Court finds that the admissions of the parties or other evidence ena"le it to do so* it ma# ad3udicate the title to the thing claimed. '0( Where the admission of the parties do not ena"le the Court so to ad3udicate it ma# direct % a( that an issue or issues "etween the parties "e framed and tried and "( that an# claimant "e made a plaintiff in lieu of or in addition to the original plaintiff* and shall proceed to tr# the suit in the ordinar# manner. ;. Fothing in this 8rder shall "e deemed to ena"le agents to sue their principals* or tenants to sue then landlords for the purpose of compelling them to interplead with an# persons other than persons ma1ing claim through such principals or the landlords. %llustratio.s a( A deposits a "ox of 3ewels with I as his agent. C alleges that the 3ewels were wrongfull# o"tained from him "# A and claims them from I. I cannot institute an interpleader%suit against A and C. "( A deposits a "ox of 3ewels with I as his agent. He then writes to C for the purpose of ma1ing the 3ewels a securit# for a de"t due from himself to C. A afterwards alleges that CCs de"t is satisfied* and C alleges the contrar#. Ioth claim the 3ewels from I. I ma# institute an interpleader%suit against A and C. 7. Where the suit is properl# instituted the Court ma# provide for the costs of the original plaintiff "# giving him a charge on the thing claimed or in some other effectual wa#. O")#" 222V% 'P#C%A$ CA'# &.%'&( Parties claiming to "e interested in the decision of an# 5uestion of fact or law ma# enter into an agreement in writing stating such 5uestion in the form of a case for the opinion of the Court and providing that* upon the finding of the Court with respect to such 5uestion*% a( a sum of mone# fixed "# the parties or to "e determined "# the Court shall "e paid "# one of the parties to the other of them or "( some propert#* mova"le or immova"le* specified in the agreement* shall "e delivered "# one of the parties to the other of them or c( one or more of the parties shall do* or refrain from doing* some other particular act specified in the agreement.
&;.
'.( Ever# case stated under this rule shall "e divided into consecutivel# num"ered paragraphs and shall concisel# state such facts and specif# such documents as ma# "e necessar# to ena"le the Court to decide the 5uestion raised there"#. .. Where the agreement is for the deliver# of an# propert#* or for the doing* or the refraining from doing* an# particular act* the estimated value of the propert# to "e delivered or to which the act specified has reference shall "e stated in the agreement. 0.%'&( )he agreement if framed in accordance with the rules herein"efore contained* ma# "e filed in the Court which would have 3urisdiction to entertain a suit* the amount or value of the su"3ect%matter of which is the same as the amount or value of the su"3ect% matter of the agreement. '.( )he agreement when so filed shall "e num"ered and registered as a suit "etween one or more of the parties claiming to "e interested as plaintiff or plaintiffs* and the other or the others of them as defendant or defendants and notice shall "e given to all the parties to the agreement other than the part# or parties "# whom it was presented. 6. Where the agreement has "een filed the parties to it shall "e su"3ect to the 3urisdiction of the Court and shall "e "ound "# the statements contained therein. ;.%'&( )he case shall "e set down for hearing as a suit instituted in the ordinar# manner* and the provisions of this Code shall appl# to such suits so far as the same are applica"le. '.( Where the Court is satisfied* after examination of the parties or after ta1ing such evidence as it thin1s fit*% a( that the agreement was dul# executed "# them*% "( that the# have a "ona fide interest in the 5uestion stated therein and c( that the same is fit to "e decided* it shall proceed to pronounce 3udgement thereon in the same wa# as in an ordinar# suit and upon the 3udgement so pronounced a decree shall follow. O")#" 222V%% '(MMA"& P"OC#)("# ON N#+OT%A1$# %N'T"(M#NT' &. )his order shall appl# onl# to the High Court /to the :istrict Court and to an# other Civil Court notified in this "ehalf "# the High Court.2 .. % '&( All suits upon "ills of exchange hundies or promissor# notes* ma#* in case the plaintiff desires to proceed hereunder "e instituted "# presenting a plaint in the form
&;0
prescri"ed "ut the summons shall "e in <orm Fo.6 in Appendix I or in such other form as ma# "e from time to time prescri"ed. '.( !n an# case in which the plaint and summons are in such forms respectivel# the defendant shall not appear or defend the suit unless he o"tains leave from a Judge as hereinafter provided so to appear and defend and in default of his o"taining such leave or of his appearance and defence in pursuance thereof* the allegations in the plaint shall "e deemed to "e admitted and the plaintiff shall "e entitled to a decree % /a( for the principal sum due on the instrument and for interest calculated in accordance with the provisions of section ?+ or section -, as the case ma# "e of the Fegotia"le !nstruments Act &--& up to the date of the institution of the suit or for the sum mentioned in the summons whichever is less and for interest up to the date of the decree at the same rate or at such other rate as the Court thin1s fit and "( for such su"se5uent interest if an# as the Court ma# order under section 06 of this Code and d( for such sum for costs as ma# "e prescri"ed$ Provided that if the plaintiff claims more than such fixed sum for costs the costs shall "e ascertained in the ordinar# wa#. '0( A decree passed under this rule ma# "e executed forthwith. 0. % '&( )he Court shall upon application "# the defendant give leave to appear and to defend the suit* upon affidavits which disclose such facts as would ma1e it incum"ent on the holder to prove consideration* or such other facts as the Court ma# deem sufficient to support the application. '.( @eave to defend ma# "e given unconditionall# or su"3ect to such terms as to pa#ment into Court giving securit#* framing and recording issues or otherwise as the Court thin1s fit. /'0( )he provisions of section ; of the @imitation Act &+,- '!9 of &+,-( shall appl# to applications under su"%rule '&(2. 6. After decree the Court ma# under special circumstances* set aside the decree and if necessar# sta# or set aside execution* and ma# give leave to the defendant to appear to the summons and to defend the suit* if it seems reasona"le to the Court so to do and on such terms as the Court thin1s fit. ;. !n an# proceedings under this 8rder the Court ma# order the "ill hundi or note on which the suit is founded to "e forthwith deposited with an officer of the Court and ma# further order that all proceedings shall "e sta#ed until the plaintiff gives securit# for the costs thereof.
&;6
7. )he holder of ever# dishonoured "ill of exchange or promissor# note shall have the same remedies for the recover# of the expenses incurred in noting the same for non% acceptance or non%pa#ment or otherwise* "# reason of such dishonour* as he has under this 8rder for the recover# of the amount of such "ill or note. ?. Save as provided "# this 8rder the procedure in suits hereunder shall "e the same as the procedure in suits instituted in the ordinar# manner. O")#" 222V%%% A""#'T AN) ATTAC4M#NT 1#FO"# *()+M#NT Arrest "efore Judgment &. Where at an# stage of a suit other than a suit of the nature referred to in section &7* clauses 'a( to 'd(* the Court is satisfied "# affidavit or otherwise* % a( that the defendant with intent to dela# the plaintiff or to avoid an# process of the Court or to o"struct or dela# the execution of an# decree that ma# "e passed against him*% i( has a"sconded or left the local limits of the 3urisdiction of the Court* or ii( is a"out to a"scond or leave the local limits of the the 3urisdiction of the Court or iii( has disposed of or removed from the local limits of the 3urisdiction of the Court his propert# or an# part thereof* or "( that the defendant is a"out to leave /Pa1istan2 under circumstances affording reasona"le pro"a"ilit# that the plaintiff will or ma# there"# "e o"structed or dela#ed in the execution of an# decree that ma# "e passed against the defendant in the suit* the Court ma# issue a warrant to arrest the defendant and "ring him "efore the Court to show cause wh# he should not furnish securit# for his appearance$ Provided that the defendant shall not "e arrested if he pa#s to the officer entrusted with the execution of the warrant an# sum specified in the warrant as sufficient to satisf# the plaintiffCs claim and such sum shall "e held in deposit "# the Court until the suit is disposed of or until the further order of the Court. ..% '&( Where the defendant fails to show such cause the Court shall order him either to deposit in Court mone# or other propert# sufficient to answer the claim against him* or to furnish securit# for his appearance at an# time when called upon while the suit is pending and until satisfaction of an# decree that ma# "e passed against him in the suit* or ma1e such order as it thin1s fit in regard to the sum which ma# have "een paid "# the defendant under the proviso to the last preceding rule.
&;;
'.( Ever# suret# for the appearance of a defendant shall "ind himself in default of such appearance to pa# an# sum of mone# which the defendant ma# "e ordered to pa# in the suit. 0.% '&( A suret# for the appearance of a defendant ma# at an# time appl# to the Court in which he "ecame such suret# to "e discharged from his o"ligation. '.( 8n the application "eing made* the Court shall summon the defendant to appear or* if it thin1s fit* ma# issue a warrant for his arrest in the first instance. '0( 8n the appearance of the defendant in pursuance of the summons or warrant* or on his voluntar# surrender* the Court shall direct the suret# to "e discharged from his o"ligation* and shall call upon the defendant to find fresh securit#. 6. Where the defendant fails to compl# with an# order under rule . or rule 0* the Court ma# commit him to /K..2 prison until the decision of the suit or* where a decree is passed against the defendant* until the decree has "een satisfied$ Provided that no person shall "e detained in prison under this rule in an# case for a longer period than six months* nor for a longer period than six wee1s when the amount or value of the su"3ect%matter of the suit does not exceed fift# rupees$ Provided also that no person shall "e detained in prison under this rule after he has complied with such order. Attachment "efore Judgment ;. % '&( Where at an# stage of a suit* the Court is satisfied* "# affidavit or otherwise* that the defendant with intent to o"struct or dela# the execution of an# decree that ma# "e passed against him* % a( is a"out to dispose of the whole or an# part of his propert#* or "( is a"out to remove the whole or an# part of his propert# from the local limits of the 3urisdiction of the Court* the court ma# direct the defendant* within a time to "e fixed "# it either to furnish securit# in such sum as ma# "e specified in the order* to produce and place at the disposal of the Court* when re5uired* the said propert# or the value of the same* or such portion thereof as ma# "e sufficient to satisf# the decree* or to appear and show cause wh# he should not furnish securit#. '.( )he plaintiff shall unless the Court otherwise directs* specif# the propert# re5uired to "e attached and the estimated value thereof. '0( )he Court ma# also in the order direct the conditional attachment of the whole or an# portion of the propert# so specified.
&;7
7. % '&( Where the defendant fails to show cause wh# he should not furnish securit#* or fails to furnish the securit# re5uired* within the time fixed "# the Court the Court ma# order that the propert# specified* or such portion thereof as appears sufficient to satisf# an# decree which ma# "e passed in the suit* "e attached. '.( Where the defendant shows such cause or furnishes the re5uired securit#* and the propert# specified or an# portion of it has "een attached* the Court shall order the attachment to "e withdrawn* ma1e such other order as it thin1s fit. 7. Save as otherwise expressl# provided* the attachment shall "e made in the manner provided for the attachment of propert# in execution of a decree. ?. Save as other wise expressl# provided* the attachment shall "e made in the manner provided for the attachment of propert# in execution of a decree. -. Where an# claim is preferred to propert# attached "efore 3udgment such claim shall "e investigated in the manner herein"efore provided for the investigation of claims to propert# attached in execution of a decree for the pa#ment of mone#. +. Where an order is made for attachment "efore 3udgment* the Court shall order the attachment to "e withdrawn when the defendant furnishes the securit# re5uired* together with securit# for the costs of the attachment* or when the suit is dismissed. &,. Attachment "efore 3udgment shall not affect the rights* existing prior to the attachment of persons not parties to the suit* nor "ar an# person holding a decree against the defendant from appl#ing the for the sale of the propert# under attachment in execution of such decree. &&. Where propert# is under attachment "# virtue of the provisions of this 8rder and a decree is su"se5uentl# passed in favour of the plaintiff* it shall not "e necessar# upon an application for execution of such decree to appl# for a re%attachment of the propert#. &.. Fothing in this 8rder shall "e deemed to authorise the plaintiff to appl# for the attachment of an# agricultural produce in the possession of an agriculturist* or to empower the Court to order the attachment or production of such produce. /&0. Fothing in this 8rder shall "e deemed to empower an# Court of Small Causes to ma1e an order for the attachment of immova"le propert#.2 O")#" 222%2 T#MPO"A"& %N*(NCT%ON' AN) %NT#"$OC(TO"& O")#"' )emporar# !n3unctions
&;?
&. Where in an# suit it is proved "# affidavit or otherwise% a( that an# propert# in dispute in a suit is in danger of "eing wasted* damaged or alienated "# an# part# to the suit* or wrongfull# sold in execution of a decree* or "( that the defendant threatens or intends to remove or dispose of his propert# with a view to defraud his creditors* the Court ma# "# order grant a temporar# in3unction to restrain such act* or ma1e such other order for the purpose of sta#ing and preventing the wasting* damaging* alienation* sale* removal or disposition of the propert# as the Court thin1s fit* until the disposal of the suit or until further orders. .. '&( !n an# suit for restraining the defendant from committing a "reach of contract or other in3ur# of an# 1ind whether compensation is claimed in the suit or not* the plaintiff ma#* at an# time after the commencement of the suit* and either "efore or after 3udgment* appl# to the Court for a temporar# in3unction to restrain the defendant from committing the "reach of contract or in3ur# complained of or an# "reach of contract or in3ur# of a li1e 1ind arising out of the same contract or relating to the same propert# or right. '.( )he Court ma# "# order grant such in3unction* on such terms as to the duration of the in3unction 1eeping an account giving securit# or other wise* as the Court thin1s fit. '0( !n case of diso"edience* or "reach of an# such terms* the Court granting an in3unction ma# order the propert# of the person guilt# of such diso"edience of "reach to "e attached* and ma# also order such person to "e detained in /KK2 prison for a term not exceeding six months* unless in the meantime the Court directs his release. '6( Fo attachment under this rule shall remain in force for more than one #ear* at the end of which time* if the diso"edience or "reach continues the propert# attached ma# "e sold* and out of the proceeds the Court ma# award such compensation as it thin1s fit* and shall pa# the "alance* if an#* to the part# entitled thereto. / '.%A( An interim in3unction passed under rule & or . in the a"sence of defendant shall not ordinaril# exceed fifteen da#s$ Provided that such in3unction ma# "e extended for failure of its service on the defendant when such failure is not attri"uta"le to the plaintiff or when the defendant see1s time for defence of application for in3unction. '.%I( )he order of in3unction made under rule & or . after hearing the parties or after notice to the defendant shall cease to have effect on the expiration of six months unless extended "# the court after hearing the parties again and for reasons to "e recorded for such extension$ Provided that report of such extension shall "e su"mitted to the High Court2. /0. )he Court shall in all cases* "efore granting an in3unction direct notice of the application for the same to "e given to the opposite%part#$
&;-
/Provided that except in the case of sale of goods for default in pa#ment at the stipulated time of a de"t in respect of which the goods were pledged with an# "an1* or where the in3unction is to "e granted against =overnment or a =overnment servant as such or an# statutor# authorit#* "oard or corporation set up or esta"lished "# =overnment in an# case not involving the e3ectment of an# person from or the demolition of* an# premises* the Court ma# where it appears that the o"3ect of granting in3unction would "e defeted "# the dela#* dispense with such notice$ Provided further that the period of notice under this rule to =overnment or a =overnment servant as such or an# statutor# authorit#* "oard or corporation set up or esta"lished "# =overnment shall not "e less than two da#s nor exceed seven da#s.2 6. An# order for an in3unction ma# "e discharged* or varied* or set aside "# the Court on application made thereto "# an# part# dissatisfied with such order. / 6%A. An in3unction granted "# a Court in a suit which see1s to 5uestion the validit# or legal effect of an# order made* proceedings ta1en or act done "# authorit# or person* which has "een made* ta1en or done* or purports to have "een made* ta1en or done under an# law which is specified in Part ! of the <irst Schedule to the Constitution or relates to* or is connected with assessment or collection of pu"lic revenues shall cease to have effect on the expiration of a period of / six months2 following the da# on which it is made* unless the case is finall# decided* or the in3unction is discharged or set aside* "# the Court earlier. Explanation % !n this rule* Cpu"lic revenuesC includes the dues of an# "an1 owned "# the <ederal =overnment or of an# corporation or underta1ing owned or controlled "# the <ederal =overnment or a Provincial =overnment.2 ;. An in3unction directed to a corporation is "inding not onl# on the corporation itself* "ut also on all mem"ers and officers of the corporation whose personal action it see1s to restrain. 7. )he Court ma#* on the application of an# part# to a suit* order the sale "# an# person named in such order* and in such manner and on such terms as it thin1s fit* of an# mova"le propert#* "eing the su"3ect%matter of suit or attached "efore 3udgment in such suit* which is su"3ect to speed# and natural deca# or which for an# other 3ust and sufficient cause it ma# "e desira"le to have sold at once. ?. '&( )he Court ma#* on the application of an# part# to a suit and on such terms as it thin1s fit % a( ma1e an order for the detention* preservation or inspection of an# propert# which is the su"3ect matter of such suit or as to which an# 5uestion ma# arise therein "( for all or an# of the purposes aforesaid authorise an# person to enter upon or into an# land or "uilding in the possession of an# other part# to such suit and c( for all or an# of the purposes aforesaid authorise an# samples to "e ta1en or an#
&;+
o"servation to "e made or experiment to "e tried* which ma# seem necessar# or expedient for the purpose of o"taining full information or evidence. '.( )he provisions as to execution of process shall appl#* mutatis mutandis* to persons authorised to enter under this rule. -. % '&( An application "# the plaintiff for an order under rule 7; or rule ? ma# "e made after notice to the defendant at an# time after institution of the suit. '.( An application "# the defendant for a li1e order ma# "e made after notice to the plaintiff at an# time after appearance. +. Where land pa#ing revenue to =overnment or a tenure lia"le to sale* is the su"3ect% matter of a suit* if the part# in possession of such land or tenure neglects to pa# the government revenue* or the rent due to the proprietor of the tenure* as the case ma# "e and such land or tenure is conse5uentl# ordered to "e sold an# other part# to the suit claiming to have an interest in such land or tenure ma# upon pa#ment of the revenue or rent due previousl# to the sale 'and with or without securit# at the discretion of the Court( "e put in immediate possession of the land or tenure and the Court in its decree ma# award against the defaulter the amount so paid* with interest thereon at such rate as the Court thin1s fit* or ma# charge the amount so paid with interest thereon at such rate as the Court orders in an# ad3ustment of accounts which ma# "e directed in the decree passed in the suit. &,. Where the su"3ect matter of a suit is mone# or some other thing capa"le of deliver# and an# part# thereto admits that he holds such mone# or other thing as a trustee for another part# or that it "elongs or is due to another part# the Court ma# order the same to "e deposited in Pcourt or delivered to such last named part# with or without securit# su"3ect to the further direction of the Court. O")#" 2$ APPO%NTM#NT OF "#C#%V#"' &. % '&( Where it appears to the Court to "e 3ust and convenient* the Court ma# "# order % a( appoint a receiver of an# propert#* whether "efore or after decree "( remove an# person from the possession or custod# of the propert# c( commit the same to the possession* custod# or management of the receiver and d( confer upon the receiver all such powers as to "ringing and defending suits and for the realiBation* management* protection* preservation and improvement of the propert# the collection of the rents and profits thereof* the application and disposal of such rents and profits* and the execution of documents as the owner himself has or such of those powers as the Court thin1s fit.
&7,
'.( Fothing in this rule shall authorise the court to remove from the possession or custod# of propert# an# person whom an# part# to the suit has not present right so to remove. .. )he Court ma# "# general or special order fix the amount to "e paid as remuneration for the service of the receiver. 0. Ever# receiver so appointed shall % a( furnish such securit# 'if an# as the Court thin1s fit* dul# to account for what he shall receive in respect of the propert# "( su"mit his accounts at such periods and in such form as the Court directs c( pa# the amount due from him as the Court directs and d( "e responsi"le for an# loss occasioned to the propert# "# his wilful default or gross negligence. 6. Where a receiver % a( fails to su"mit his accounts at such periods and in such form as the Court directs* or "( fails to pa# the amount due from him as the Court directs or c( occasions loss to the propert# "# his wilful default or gross negligence* the Court ma# direct his propert# to "e attached and ma# sell such propert# and ma# appl# the proceeds to ma1e good an# amount found to "e due from him or an# loss occasioned "# him* and shall pa# the "alance 'if an#( to the receiver. ;. Where the propert# is land pa#ing revenue to the =overnment or land of which the revenue has "een assigned or redeemed and the Court considers that the interests of those concerned will "e promoted "# the management of the Collector* the Court ma#* with the consent of the Collector appoint him to "e receiver of such propert#. O")#" 2$% APP#A$' F"OMO"%+%NA$ )#C"##' &.% '&( Ever# appeal shall "e preferred in the form of a memorandum signed "# the appellant or his pleader and presented to the Court or to such officer as it appoints in this "ehalf. )he memorandum shall "e accompanied "# a cop# of the decree appealed from and 'unless the Appellate Court dispenses therewith( of the 3udgment on which it is founded. '.( )he memorandum shall set forth concisel# and under distinct heads the grounds of o"3ection to the decree appealed from without an# argument or narrative and such grounds shall "e num"ered consecutivel#.
&7&
.. )he appellant shall not except "# leave of the Court* urge or "e heard in support of an# ground of o"3ection not set forth in the memorandum of appeal "ut the Appellate Court in deciding the appeal* shall not "e confined to the grounds of o"3ection set forth in the memorandum of appeal or ta1en "# leave of the Court under this rule$ Provided that the Court shall not rest its decision on an# other ground unless the part# who ma# "e affected there"# has had sufficient opportunit# of contesting the case on that ground. 0. % '&( Where the memorandum of appeal is not drawn up in the manner herein"efore prescri"ed* it ma# "e re3ected* or "e returned to the appellant for the purpose of "eing amended within a time to "e fixed "# the Court or "e amended then and there. '.( Where the Court re3ects an# memorandum it shall record the reasons for such re3ection. '0( Where a memorandum of appeal is amended* the Judge* or such officer as he appoints in this "ehalf* shall sign or initial the amendment. 6. Where there are more plaintiffs or more defendants than one in a suit* and the decree appealed from proceeds on an# ground common to all the plaintiffs or to all the defendants an# one of the plaintiffs or of the defendants ma# appeal from the whole decree* and thereupon the Appellate Court ma# reverse or var# the decree in favour of all the plaintiffs or defendants* as the case ma# "e. 'TA& OF P"#C##)%N+' AN) OF #2#C(T%ON ;. % '&( An appeal shall not operate as a sta# of proceedings under a decree or order* appealed from except so far as the Appellate Court ma# order* nor shall execution of a decree "e sta#ed "# reason onl# of an appeal having "een preferred from the decree "ut the Appellate Court ma# for sufficient cause order sta# of execution of such decree. '.( Where an application is made for sta# of execution of an appeala"le decree "efore the expiration of the time allowed for appealing therefrom the Court which passed the decree ma# on sufficient cause "eing shown order the execution to "e sta#ed. '0( Fo order for sta# of execution shall "e made under su"%rule '&( or su"%rule'.( unless the Court ma1ing it is satisfied* a( that su"stantial loss ma# result to the part# appl#ing for sta# of execution unless the order is made "( that the application has "een made without unreasona"le dela# and c( that securit# has "een given "# the applicant for the due performance of such decree or order as ma# ultimatel# "e "inding upon him.
&7.
'6( Fotwithstanding an#thing contained in su"%rule'0(* the Court ma# ma1e an ex parte order for sta# of execution pending the hearing of the application. 7. % '&( Where an order is made for the execution of a decree from which an appeal is pending* the Court which passed the decree shall* on sufficient cause "eing shown "# the appellant* re5uire securit# to "e ta1en for the restitution of an# propert# which ma# "e or has "een ta1en in execution of the decree or for the pa#ment of the value of such propert# and for the due performance of the decree or order of the Appellate Court* or the Appellate Court ma# for li1e cause direct the Court which passed the decree to ta1e such securit#. '.( Where an order has "een made for the sale of immova"le propert# in execution of a decree* and an appeal is pending from such decree* the sale shall on the application of the 3udgment de"tor to the Court which made the order* "e sta#ed on such terms as to giving securit# or otherwise as the Court thin1s fit until the appeal is dispose of. ?. /Fo securit# to "e re5uired from the =overnment or a pu"lic officer in certain cases.2 Rep. I# the A.8. &+0?. -. )he powers conferred "# Rules ; and 7 shall "e exercise%a"le where an appeal ma# "e or has "een preferred not from the decree "ut from an order made in execution of such decree$ /Provided that* where such appeal has "een preferred "# 3udgment%de"tor he shall "e re5uired* unless the Court is of opinion that prima facie the appeal is one which must succeed owing to an error apparent on the face of the record.% a( in the case of a decree for the pa#ment of mone#* to deposit the decretal amount or to furnish securit# for its pa#ment and "( in the case of an# other decree* to furnish securit# for the due performance of the decree2 P"OC#)("# ON A)M%''%ON OF APP#A$ +. % '&( Where a memorandum of appeal is admitted* the Appellate Court or the proper officer of that Court shall endorse thereon the date of presentation* and shall register the appeal in a "oo1 o "e 1ept for the purpose. '.( Such "oo1 shall "e called the Register of Appeals. &,.% '&( )he Appellate court ma#* in its discretion* either "efore the respondent is called upon to appear and answer or afterwards on the application of the respondent* demand from the appellant securit# for the costs of the appeal* or of the original suit* or of "oth$
&70
Provided that the Court shall demand such securit# in all cases in which the appellant is residing out of /Pa1istan2 and is not possessed of an# sufficient immova"le propert# within /Pa1istan2 other than the propert# 'if an#( to which the appeal relates. '.( Where such securit# is not furnished within such time as the Court orders the Court shall re3ect the appeal. &&. % '&( )he Appellate Court* after sending for the record if it thin1s fit so to do* and after fixing a da# for hearing the appellant or his pleader and hearing him accordingl# if he appears on that da# ma# dismiss the appeal without sending notice to the Court from whose decree the appeal is preferred and without serving notice on the respondent or his pleader. '.( !f on the da# fixed or an# other da# to which the hearing ma# "e ad3ourned the appellant does not appear when the appeal is called on for hearing* the Court ma# ma1e an order that the appeal "e dismissed. '0( )he dismissal of an appeal under this rule shall "e notified to the Court from whose decree the appeal is preferred. &.. % '&( Enless the Appellate Court dismisses the appeal under rule &&* it shall fix a da# for hearing the appeal. '.( Such da# shall "e fixed with reference to the current "usiness of the Court* the place of residence of the respondent and the time necessar# for the service of the notice of appeal so as to allow the respondent sufficient time to appear and answer the appeal on such da#. &0. % '&( Where the appeal is not dismissed under rule &&* the Appellate Court shall send notice of the appeal to the Court from whose decree the appeal is preferred. '.( Where the appeal is from the decree of a Court* the records of which are not deposited in the Appellate Court* the Court receiving such notice shall send with all practica"le dispatch all material papers in the suit or such papers as ma# "e speciall# called for "# the Appellate Court. '0( Either part# ma# appl# in writing to the Court from whose decree the appeal is preferred specif#ing an# of the papers in such Court of which he re5uires copies to "e made and copies of such papers shall "e made at the expense of and given to the applicant. &6. % '&( Fotice of the da# fixed under rule &. shall "e affixed in the Appellate Court% house and a li1e notice shall "e sent "# the Appellate Court to the Court from whose decree the appeal is preferred and shall "e served on the respondent or on his pleader in the Appellate court in the manner provided for the service on a defendant of a summons
&76
to appear and answer and all the provisions applica"le to such summons and to proceedings with reference to the service thereof shall appl# to the service of such notice. '.( !nstead of sending the notice to the Court from whose decree the appeal is preferred* the Appellate court ma# itself cause the notice to "e served on the respondent or his pleader under the provisions a"ove referred to. &;. )he notice to the respondent shall declare that if he does not appear in the Appellate Court on the da# so fixed the appeal will "e heard ex parte. P"OC#)("# ON 4#A"%N+ &7.% '&( 8n the da# fixed or on an# other da# to which the hearing ma# "e ad3ourned* the appellant shall "e heard in support of the appeal. '.( )he Court shall then if it does not dismiss the appeal at once* hear the respondent against the appeal and in such case the appellant shall "e entitled to repl#. &?. % '&( Where on the da# fixed* or on an# other da# to which the hearing ma# "e ad3ourned* the appellant does not appear when the appeal is called on for hearing the Court ma# ma1e an order that the appeal "e dismissed. '.( Where the appellant appears and the respondent does not appear* the appeal shall "e heard ex parte. &-. Where on the da# fixed or on an# other da# to which the hearing ma# "e ad3ourned it is found that the notice to the respondent has not "een served in conse5uence of the failure of the appellant to deposit within the period fixed the sum re5uired to defra# the cost of serving the notice the Court ma# ma1e an order that the appeal "e dismissed Provided that no such order shall "e made although the notice has not "een served upon the respondent* if on an# such da# the respondent appears when the appeal is called on for hearing. &+. % '&( Where an appeal is dismissed under rule &&* su"%rule '.( of rule &? or rule &- the appellant ma# appl# to the Appellate Court for the re%admission of the appeal and where it is proved that he was prevented "# an# sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so re5uired* the Court shall re%admit the appeal on such terms as to costs or otherwise as it thin1s fit. /'.( )he provisions of section ; of the @imitation Act &+,- '!9 of &+,-( shall appl# to an application for re%admission of an appeal dismissed under su"%rule '.( of rule && or su"% rule '&( of rule &?.2
&7;
.,. Where it appears to the Court at the hearing that an# person who was a part# to the suit in the Court from whose decree the appeal is preferred* "ut who has not "een made a part# to the appeal is interested in the result of the appeal the Court ma# ad3ourn the hearing to a future da# to "e fixed "# the Court and direct that such person "e made a respondent. .&. % '&( Where an appeal is heard ex parte and 3udgment is pronounced against the respondent* he ma# appl# to the Appellate court ro re%hear the appeal and if he satisfies the Court that the notice was not dul# served or that he was prevented "# sufficient cause from appearing when the appeal was called on for hearing* the Court shall re%hear the appeal on such terms as to costs or otherwise as it thin1s fit to impose upon him. /'.( )he provisions of section ; of the @imitation Act* &+,- '!9 of &+,-( shall appl# to applications under su"%rule '&(.2 ... % '&( An# respondent though he ma# not have appealed from an# part of the decree* ma# not onl# support the decree on an# of the grounds decided against him in the Court "elow "ut ta1e an# cross%o"3ection to the decree which he could have ta1en "# wa# of appeal provided he has filed such o"3ection in the Appellate Court within one month from the date of service on him or his pleader of notice of the da# fixed for hearing the appeal* or within such further time as the Appellate Court ma# see fit to allow. '.( Such cross%o"3ection shall "e in the form of a memorandum and the provisions of rule &* so far as the# relate to the form and contents of the memorandum of appeal shall appl# thereto. '0( Enless the respondent files with the o"3ection a written ac1nowledgment from the part# who ma# "e affected "# such o"3ection or his pleader of having received a cop# thereof* the Appellate Court shall cause a cop# to "e served* as soon as ma# "e after the filing of the o"3ection* on such part# or his pleader at the expense of the respondent. '6( Where in an# case in which an# respondent has under this rule filed a memorandum of o"3ection * the original appeal is withdrawn or is dismissed for default* the o"3ection so filed ma# nevertheless "e heard and determined after such notice to the other parties as the Court thin1s fit. ';( )he provisions relating to pauper appeals shall* so far as the# can "e made applica"le appl# to an o"3ection under this rule. .0. Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminar# point and the decree is reversed in appeal* the Appellate Court ma#* if it thin1s fit* "# order remand the case* and ma# further direct what issue or issues shall "e tried in the case so remanded and shall send a cop# of its 3udgment and order to the Court from whose decree the appeal is preferred* with directions to re%admit the suit under its original num"er in the register of civil suits* and proceed to determine the suit and the evidence 'if an#( recorded during the original trial shall su"3ect to all 3ust exceptions "e evidence during the trial after remand.
&77
.6. Where the evidence upon the record is sufficient to ena"le the Appellate Court to pronounce 3udgment the Appellate Court ma# after resettling the issues if necessar# finall# determine the suit* notwithstanding that the 3udgment of the court from whose decree the appeal is preferred has proceeded wholl# upon some ground other than that on which the Appellate Court proceeds. .;. Where the court from whose decree the appeal is preferred has omitted to frame or tr# an# issue* or to determine an# 5uestion of fact which appears to the Appellate Court essential to the right decision of the suit upon the merits the Appellate Court ma# if necessar#* frame issues* and refer the same for trial to the Court from whose decree the appeal is preferred and in such case shall direct such Court to ta1e the additional evidence re5uired. And such court shall proceed to tr# such issues* and shall return the evidence to the appellate Court together with its findings thereon and the reasons therefore. .7. % '&( Such evidence and findings shall from part of the record in the suit and either part# ma#* within a time to "e fixed "# the Appellate Court* present a memorandum of o"3ections to an# findings. '.( After the expiration of the period so fixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal. .?. % '&( )he parties to an appeal shall not "e entitled to produce additional evidence* whether oral or documentar# in the appellate Court* Iut if % a( the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have "een admitted or* a( )he Appellate Court re5uires an# document to "e produced or an# witness to "e examined to ena"le it to pronounce 3udgment* or for an# other su"stantial cause* )he Appellate Court ma# allow such evidence or document to "e produced or witness to "e examined. '.( Wherever additional evidence is allowed to "e produced "# an Appellate Court the Court shall record the reason for its admission. .-. Wherever additional evidence is allowed to "e produced the Appellate Court ma# either ta1e such evidence or direct the Court from whose decree the appeal is preferred* or an# other su"ordinate Court* to ta1e such evidence and to send it when ta1en to the Appellate Court. .+. Where additional evidence is directed or allowed to "e ta1en the Appellate Court shall specif# the points to which the evidence is to "e confined and record on its proceedings the points so specified.
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*()+M#NT %N APP#A$ 0,. )he Appellate Court after hearing the parties or their pleaders and referring to an# part of the proceedings whether on appeal or in the Court from whose decree the appeal is preferred to which reference ma#"e considered necessar#* shall pronounce 3udgment in open Court* either at once or on some future da# of which notice shall "e given to the parties or their pleaders. 0&. )he 3udgment of the Appellate Court shall "e in writing and shall state % a. the points for determination ". the decision thereon c. the reasons for the decision and d. where the decree appealed from is reversed or varied* the relief to which the appellant is entitled and shall at the time that it is pronounced "e signed and dated "# the Judge or "# the Judges concurring therein. 0.. )he 3udgment ma# "e for confirming* var#ing or reversing the decree from which the appeal is preferred* or* if the parties to the appeal agree as to the form which the decree in appeal shall ta1e* or as to the order to "e made in appeal the Appellate Court ma# pass a decree or ma1e an order accordingl#. 00. )he Appellate Court shall have power to pass an# decree and ma1e an# order which ought to have "een passed or made and to pass or ma1e such further or other decree or order as the case ma# re5uire* and this power ma# "e exercised "# the Court notwithstanding that the appeal is as to part onl# of the decree and ma# "e exercised in favour of all or an# of the respondents or parties although such respondents or parties ma# not have filed an# appeal or o"3ection$ /Provided that the Appellate Court shall not ma1e an# order under section 0;%A in pursuance of an# o"3ection on which the Court from whose decree the appeal is preferred has omitted or refused to ma1e such order.2 !llustration A claims a sum of mone# as due to him form 9 or Q* and in a suit against "oth o"tains a decree against 9* 9 appeals and A and Q are respondents. )he Appellate Court decides in favour of 9. !t has power to pass a decree against Q. 06. Where the appeal is heard "# more Judges that one* an# Judge dissenting from the 3udgment of the Court shall state in writing the decision or order which he thin1s should "e passed on the appeal and he ma# state his reasons for the same. )#C"## %N APP#A$
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0;. % '&( )he decree of the Appellate Court shall "ear date the da# on which the 3udgment was pronounced. '.( )he decree shall contain the num"er of the appeal the names and descriptions of the appellant and respondent and a clear specification of the relief granted or other ad3udication made. '0( )he decree shall also state the amount of costs incurred in the appeal and "# whom or out of what propert#* and in what proportions such costs and the costs in the suit are to "e paid. '6( )he decree shall "e signed and dated "# the Judge or Judges who passed it$ Provided that where there are more Judges than one and there is a difference of opinion among them* it shall not "e necessar# for an# Judge dissenting from the 3udgment of the Court to sign the decree. 07. Certified copies of the 3udgment and decree in appeal shall "e furnished to the parties on application to the Appellate Court and at their expense. 0?. A cop# of the 3udgment and of the decree* certified "# the Appellate Court or such officer as it appoints in this "ehalf* shall "e sent to the Court which passed the decree appealed from and shall "e filed with the original proceedings in the suit and an entr# of the 3udgment of the Appellate Court shall "e made in the register of civil suits. O")#" 2$%% AAPP#A$' F"OM APP#$$AT# )#C"##' &. )he rules of 8rder 9@! shall appl# so far as ma# "e to appeals from Appellate decrees. O")#" 2$%%% APPEA@S <R8A 8R:ERS &. An appeal shall lie from the following orders under the provisions of section &,6* namel#$% a( an order under rule &, of 8rder D!! returning a plaint to "e presented to the proper Court "( an order under rule &, of 8rder D!!! pronouncing 3udgment against a part# c( an order under rule + of 8rder !9 re3ecting an application 'in a case open to appeal( for an order to set aside the dismissal of a suit d( an order under the rule &0 of 8rder !9 re3ecting an application 'in a case open to appeal( for an order to set aside a decree passed ex parte
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e( an order under rule 6 of 8rder 9 pronouncing 3udgment against a part# f( an order under rule .& of 8rder 9! g( an order under rule &, of 8rder 9D! pronouncing 3udgment against a part# h( an order under rule ., of 8rder 9D! pronouncing 3udgment against a part# i( an order under rule 06 of 8rder 99! on an o"3ection to the draft of a document or of an endorsement /ii( an order under rule 7. or rule &,0 of 8rder 99! relating to the right title or interest of the claimant or o"3ector in attached propert# 2 3( an order under rule ?. or rule +. of 8rder 99! setting aside or refusing to set aside a sale 1( an order under rule + of 8rder 99!! refusing to set aside the a"atement or dismissal of a suit l( an order under rule &, of 8rder 99!! giving or refusing to give leave m( an order under rule 0 of 8rder 99!!! recording or refusing to record an agreement compromise or satisfaction n( an order under rule . of 8rder 99D re3ecting an application 'in a case open to appeal( for an order to set aside the dismissal of a suit o( an order /under rule . rule 6 or rule ?2 of 8rder 99!D refusing to extend the time for the pa#ment of mortgage mone# p( an order in interpleader suits under rule 0* rule 6 or rule 7 of 8rder 999D 5( an order under rule .* rule 0 or rule 7 of 8rder 999D!!! r( an order under rule &* rule . rule 6 or rule &, of 8rder 999!9 s( an order under rule & or rule 6 of 8rder 9@ t( an order of refusal under rule &+ of 8rder 9@! to readmit or under rule .& of 8rder 9@! to re%hear an appeal u( an order under rule .0 of 8rder 9@! remanding a case where an appeal would lie from the decree of the Appellate Court v( an order made "# an# Court other than a High Court refusing the grant of a certificate under rule 7 of 8rder 9@D w( an order under rule 6 of 8rder 9@$D!! granting an application for review. &. )he rules of 8rder 9@! shall appl# so far as ma# "e to appeals from orders. /0. % '&( Where an appeal against an order is preferred during the pendenc# of a suit the appellant shall "efore presenting the appeal give notice of such appeal to the respondent or his advocate "# delivering a cop# of the memorandum and grounds of appeal alongwith a cop# of the order appealed against /either personall# or through registered post ac1nowledgement due and the postal or other receipt shall "e filed with the memorandum of appeal for the record of the appellate Court2. '.( 8n receipt of notice referred to in su"%rule '&( the respondent ma# with the permission of the Court appear "efore it and contest the appeal and ma# "e awarded costs on dismissal of the appeal in limine.
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6. )he provisions of rule 0 shall mutatis mutandis* appl# to all applications filed "efore an appellate Court during the pendenc# of a suit.2 O")#" 2$%V PA(P#" APP#A$' &. An# person entitled to prefer an appeal who is una"le to pa# the fee re5uired for the memorandum of appeal ma# present an application accompanied "# a memorandum of appeal and ma# "e allowed to appeal as a pauper su"3ect in all matters including the presentation of such application to the provisions relating to suits "# paupers in so far as those provisions are applica"le$ Provided that the Court shall re3ect the application unless upon a perusal thereof and of the 3udgment and decree appealed from it sees reason to thin1 that the decree is contrar# to law or to some usage having the force of law or is otherwise erroneous or un3ust . .. )he in5uir# into the pauperism of the applicant ma# "e made either "# the Appellate Court or under the orders of the Appellate Court "# the Court from whose decision the appeal is preferred$ Provided that if the applicant was allowed to sue or appeal as a pauper in the Court fro whose decree the appeal is preferred no further in5uir# in respect of his pauperism shall "e necessar# unless the Appellate Court sees cause to direct such in5uir#. O")#" 2$V APP#A$' TO T4# ['(P"#M# CO("T! /&. !n this 8rder unless there is something repugnant in su"3ect or context the expression 4decree4 shall include a 3udgment or a final 8rder.2 .. Whoever desires to appeal to /the Supreme Court2 shall appl# "# petition to the Court whose decree is complained of. /0. % '&( A petition made under rule . shall "riefl# state the grounds of appeal and pra# for a certificate.2 '.( Epon receipt of such petition the Court shall direct notice to "e served on the opposite%part# to show cause wh# the said certificate should not "e granted$ /Provided that no notice shall "e directed to "e served on or given to the opposite part# or to the legal representative of a deceased opposite part# in a case where such opposite
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part# did not appear either at the hearing in the Court whose decree is complained of or at an# proceedings su"se5uent to the decree of that Court.2 /'0( )he Court ma# if the opposite part# in response to the notice issued under su"%rule '.( appears after hearing "oth the parties or if the opposite part# does not appear in response to such notice then after hearing the part# ma1ing the petition* grant or refuse the certificate2 '6( !f on the date fixed for the hearing the part# ma1ing the petition does not appear and the opposite part# appears in response to such notice or if "oth the parties do not appear on such date the petition shall "e dismissed.2 6. for the purposes of pecuniar# valuation suits involving su"stantiall# the same 5uestions for determination and decided "# the same 3udgment ma# "e consolidated "ut suits decided "# separate 3udgments shall not "e consolidated notwithstanding that the# involve su"stantiall# the same 5uestions for determination. ;. !n the event of an# dispute arising "etween the parties as to the amount or value of the su"3ect matter of the suit in the Court of first instance or as to the amount or value of the su"3ect matter in dispute on appeal to /the Supreme Court2* the Court to which a petition for a certificate is made under rule . ma#* if it thin1s fit refer such dispute for report to the Court of first instance which last mentioned Court shall proceed to determine such amount or value and shall return its report together with the evidence to the Court "# which the reference was made. 7. /8mitted "# <ederal Adaptation of @aws 8rder 'P.8. 6 of &+?;( w.e.f. &st August &+?;2 ?. % '&( Where the certificate is granted the applicant shall within /ninet# da#s or such further period* not exceeding sixt# da#s as the Court ma# upon cause shown allow2 from the date of the decree complained of or within six wee1s from the date of the grant of the certificate whichever is the later date* % a( furnish securit# /in cash or in =overnment securities2 for the costs of the respondent and "( deposit the amount re5uired to defra# the expense of translating* transcri"ing* indexing /printing2 and transmitting to /the Supreme Court2 a correct cop# of the whole record of the suit* except % '&( formal documents directed to "e excluded "# an# /Rule of the Supreme Court2 in force for the time "eing '.( papers which the parties agree to exclude '0( accounts or portions of accounts which the officer empowered "# the Court for that purpose considers unnecessar# and which the parties have not specificall# as1ed to "e included and '6( such other documents as the High Court ma# direct to "e excluded
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/Provided that the Court at the time of granting the certificate ma# after hearing an# opposite part# who appears order on the ground of special hardship that some other form of securit# ma# "e furnished Provided further that no ad3ournment shall "e granted to an opposite part# to contest the nature of such securit#. -. Where such securit# has "een furnished and deposit made to the satisfaction of the Court the Court shall % a( declare the appeal admitted "( give notice thereof to the respondent c( transmit to /the Supreme Court2 under the seal of the Court a correct cop# of the said record except as aforesaid and d( give to either part# one or more authenticated copies of an# of the papers in the suit on his appl#ing therefore an# pa#ing the reasona"le expenses incurred in preparing them. +. At an# time "efore the admission of the appeal the Court ma# upon cause shown revo1e the acceptanc# of an# such securit# and ma1e further directions thereon. +.%A. /8mitted "# <ederal Adaptation of @aws 8rder 'P.8. 6 of &+?;( with effect from &st August &+?;.2 &,. Where at an# time after the admission of an appeal "ut "efore the transmission of the cop# of the record except as aforesaid to /the Supreme Court2 wuch securit# appears inade5uate. 8r further pa#ment is re5uired for the purpose of translating* transcri"ing* printing* indexing or transmitting the cop# of the record except as aforesaid* )he Court ma# order the appellant to furnish within a time to "e fixed "# the Court other and sufficient securit# or to ma1e within li1e time the re5uired pa#ment. &&. Where the appellant fails to compl# with such order* the proceedings shall "e sta#ed. And the appeal shall not proceed without an order in this "ehalf of /Supreme Court2* And in the meantime execution of the decree appealed from shall not "e sta#ed. &.. When the cop# of the record except as aforesaid* has "een transmitted to /the supreme Court2 the appellant ma# o"tain a refund of the "alance 'if an#( of the amount which he has deposited under rule ?. &0. % '&( Fotwithstanding the grant of a certificate for the admission of an# appeal* the decree appealed from shall "e unconditionall# executed* unless the Court otherwise directs.
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'.( )he Court ma#* if it thin1s fit* on special cause shown "# an# part# interested in the suit* or otherwise appearing to the Court* % a( impound an# mova"le propert# in dispute or an# part thereof* or "( allow the decree appealed from to "e executed* ta1ing such securit# from the respondent as the Court thin1s fit for the due performance of an# order which /the Supreme Court2 ma# ma1e on the appeal* or c( sta# the execution of the decree appealed from ta1ing such securit# from the appellant as the Court thin1s fit for the due performance of the decree appealed from or of an# order which /the Supreme Court2 ma# ma1e on the appeal* or d( place an# part# see1ing the assistance of the Court under such conditions or give such other direction respecting the su"3ect%matter of the appeal* as it thin1s fit* "# the appointment of a receiver or otherwise. &6. % Where at an# time during the pendenc# of the appeal the securit# furnished "# either part# appears inade5uate* the Court ma#* on the application of the other part#* re5uire further securit#. '.( in default of such further securit# "eing furnished as re5uired "# the Court* % 'a( if the original securit# was furnished "# the appellant* the Court ma#* on the application of the respondent* execute the decree appealed from as if the appellant had furnished no such securit# '"( if the original securit# was furnished "# the respondent* the Court shall* so far as ma# "e practica"le* sta# the further execution of the decree* and restore the parties to the position in which the# respectivel# were when the securit# which appears inade5uate was furnished* or give such direction respecting the su"3ect%matter of the appeal as it thin1s fit. &;. % '&( Whoever desires to o"tain execution of an# order of /the Supreme Court2 shall appl# "# petition* accompanied "# a certified cop# of the decree passed or order made in appeal and sought to "e executed* to the Court from which the appeal to /the Supreme Court2 was preferred. '.( Such Court shall transmit the order of /the Supreme Court2 to the Court which passed the first decree appealed from* or to such other Court as /the Supreme Court2 "# such order ma# direct* and shall 'upon the application of either part#( give such directions as ma# "e re5uired for the execution of the same and the Court to which the said order is so transmitted shall execute it accordingl#* in the manner and according to the provisions applica"le to the execution of its original decrees. /'0( > > > > > > > > >2 /'6( Enless /the Supreme Court2 is pleased otherwise to direct* no order of /the Supreme Court2 shall "e inoperative on the ground that no notice has "een served on or given to the legal representative of an# deceased opposite%part# or deceased respondent in a case
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where such opposite%part# or respondent did not appear either at the hearing in the Court whose decree was complained of or at an# proceedings su"se5uent to the decree of that Court "ut such order shall have the same force and effect as if it had "een made "efore the death too1 place.2 &7. )he orders made "# the Court which executes the order of /the Supreme Court2* relating to such execution* shall "e appeal a"le in the same manner and su"3ect to the same rules as the orders of such Court relating to the execution of its own decrees. &?. /Appeals to the <ederal Court2. 8mitted "# the <ederal Court Act &+6& '99! of &+6&(* S... O")#" 2$V% "#F#"#NC# &. Where "efore or on the hearing of a suit or an appeal in which the decree is not su"3ect to appeal* or where* in the execution of an# such decree* an# 5uestion of law or usage having the force of law arises on which the Court tr#ing the suit or appeal* or executing the decree* entertains reasona"le dou"t* the Court ma#* either of its own motion or on the application of an# of the parties* draw up a statement of the facts of the case and the point on which dou"t is entertained and refer such statement with its own opinion on the point for the decision of the High Court. .. )he Court ma# either sta# the proceedings or proceed in the case notwithstanding such reference* and ma# pass a decree or ma1e an order contingent upon the decision of the High Court on the point referred Iut no decree or order shall "e executed in an# case in which such reference is made until the receipt of a cop# of the 3udgment of the High Court upon the reference. 0. )he High Court* after hearing the parties if the# appear and desire to "e heard* shall decide the point so referred* and shall transmit a cop# of its 3udgment* under the signature of the Registrar* to the Court "# which the reference was made and such Court shall* on the receipt thereof* proceed to dispose of the case in conformit# with the decision of the High Court. 6. )he costs 'if an#( conse5uent on a reference for the decision of the High Court shall "e costs in the case. ;. Where a case is referred to the High Court under rule &* the High Court ma# return the case for amendment* and ma# alter* cancel or set aside an# decree or order which the
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Court ma1ing the reference has passed or made in the case out of which the reference arose* and ma1e such order as it thin1s fit. 7.%'&( Where at an# time "efore 3udgment a Court in which a suit has "een instituted dou"ts whether the suit is cogniBa"le "# a Court of Small Causes or is not so cogniBa"le* it ma# su"mit the record to the High Court* with a statement of its reasons for the dou"t as to the nature of the suit. '.( 8n receiving the record and statement* the High Court ma# order the Court either to proceed with the suit or to return the plaint for presentation to such other Court as it ma# in its order declare to "e competent to ta1e cogniBance of the suit. ?.%'&( Where it appears to a :istrict Court that a Court su"ordinate thereto has* "# reason of erroneousl# holding a suit to "e cogniBa"le "# a Court of Small Causes or not to "e so cogniBa"le* failed to exercise a 3urisdiction vested in it "# law* or if re5uired "# a part# shall su"mit the record to the High Court with a statement of its reasons for considering the opinion of the su"ordinate Court with respect to the nature of the suit to "e erroneous. '.( 8n receiving the record and statement the High Court ma# ma1e such order in the case as it thin1s fit. '0( With respect to an# proceedings su"se5uent to decree in an# case su"mitted to the High Court under this rule* the High Court ma# ma1e such order as in the circumstance appears to it to "e 3ust and proper. '6( A Court su"ordinate to a :istrict Court shall compl# with an# re5uisition which the :istrict Court ma# ma1e for an# record or information for the purpose of this rule. O")#" 2$V%% "#V%#3 &.% '&( An# person considering himself aggrieved % 'a( "# a decree or order from which an appeal is allowed* "ut from which no appeal has "een preferred. '"( I# a decree or order from which no appeal is allowed* or 'c( I# a decision on a reference from a Court of Small Causes* And who* from the discover# of new and important matter or evidence which* after the exercise of due diligence* was ot within his 1nowledge or could not "e produced "# him at the time when the decree was passed or order made* or on account of some mista1e or error apparent on the face of the record* or for an# other sufficient reason* desires to
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o"tain a review of the decree passed or order made against him* ma# appl# for a review of 3udgment to the Court which passed the decree or made the order. '.( A part# who is not appealing from a decree or order ma# appl# for a review of 3udgment notwithstanding the pendenc# of an appeal "# some other part# except where the ground of such appeal is common to the applicant and the appellant* or when* "eing respondent* he can present to the Appellate Court the case on which he applies for the review. .. An application for review of a decree or order of a Court* not "eing a High Court* upon some ground other than the discover# of such new and important matter or evidence as is referred to in rule & or the existence of a clerical or arithmetical mista1e or error apparent on the face of the decree* shall "e made onl# to the Judge who passed the decree or made the order sought to "e reviewed "ut an# such application ma#* if the Judge who passed the decree or made the order has ordered notice to issue under rule 6* su"%rule '.(* proviso* 'a( "e disposed of "# his successor. &. )he provisions as to the form of preferring appeal shall appl#* mutatis mutandis* to applications for review. 6.%'&( Where it appears to the Court that there is not sufficient ground for a review* it shall re3ect the application. '.( Where the Court is of opinion that the application for review should "e granted it shall grant the same Provided that % 'a( no such application shall "e granted without previous notice to the opposite%part# to ena"le him to appear and "e heard in support of the decree or order* a review of which is applied for and '"( no such application shall "e granted on the ground of discover# of new matter or evidence which* the applicant alleges was not within his 1nowledge or could not "e adduced "# him when the decree or order was passed or made* without strict proof of such allegation. ;. Where the Judge or Judges* or an# one of the Judges* who passed the decree or made the order* a review of which is applied for* continues or continue attached to the Court at the time when the application for a review is presented and is not or are not precluded "# a"sence or other cause for a period of six months next after the application from considering the decree or order to which the application from considering the decree or order to which the application refers* such Judge or Judges or an# of them shall hear the application and no other 3udge or 3udges of the Court shall hear the same. 7.% '&( Where the application for a review is heard "# more than one Judge and the Court is e5uall# divided* the application shall "e re3ected.
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'.( Where there is a ma3orit# the decision shall "e according to the opinion of the ma3orit#. ?.%'&( An order of the Court re3ecting the application shall not "e appeala"le "ut an order granting an application ma# "e o"3ected to on the ground that the application was % 'a( in contravention of the provisions of rule .* '"( in contravention of the provisions of rule 6* or 'c( after the expiration of the period of limitation prescri"ed therefore and without sufficient cause. Such o"3ection ma# "e ta1en at once "# an appeal from the order granting the application or in an# appeal from the final decree or order passed or made in the suit. '.( Where the application has "een re3ected in conse5uence of the failure of the applicant to appear* he ma# appl# for an order to have the re3ected application restored to the file* and where it is proved to the satisfaction of the Court that he was prevented "# an# sufficient cause from appearing when such application was called on for hearing the Court shall order it to "e restored to the file upon such terms as to costs or otherwise as it thin1s fit* and shall appoint a da# for hearing the same. '0( Fo order shall "e made under su" rule '.( unless notice of the application has "een served on the opposite%part#. -. When an application for review is granted* a note thereof shall "e made in the register and the Court ma# at once re%hear the case or ma1e* such order in regard to the re%hearing as it thin1s fit. /+. % '&( Fo application to review an order made on an application for a review or a decree or order passed or made on a review shall "e entertained. '.( Fothing in this order shall appl# to an# 3udgment pronounced or order made "# the Supreme Court.2 O")#" 2$V%%% M%'C#$$AN#O(' &. % '&( Ever# process issued under this Code shall "e served at the expense of the part# on whose "ehalf it is issued* unless the Court otherwise directs. '.( )he court%fee chargea"le for such service shall "e paid within a time to "e fixed "efore the process is issued.
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.. All orders* notices and other documents re5uired "# this Code to "e given to or served on an# person shall "e served in the manner provided for the service of summons. 0. )he forms given in the appendices* with such variation as the circumstances of each case ma# re5uire shall "e used for the purposes therein mentioned. O")#" 2$%2 4%+4 CO("T' &. Fotice to produce documents* summonses to witnesses* and ever# other 3udicial process* issued in the exercise of the original civil 3urisdiction of the High Court* and of its matrimonial* testamentar# and intestate 3urisdictions* except summonses to defendants* writs of execution and notices to respondents ma# "e served "# the attorne#s in the suits* or "# persons emplo#ed "# them* or "# such other persons as the High Court* "# an# rule or order* directs. .. Fothing in this Schedule shall "e deemed to limit or otherwise affect an# rules in force at the commencement of this Code for the ta1ing of evidence or the recording of 3udgment and orders "# a High Court. 0. )he following rules shall not appl# to an# High Court in the exercise of its ordinar# or extraordinar# original civil 3urisdiction* namel#$% &( rule &, and rule &&* clauses '"( and 'c(* of 8rder D!!* .( rule 0 of 8rder 9 0( rule . of 8rder 9D! 6( rules ;*7*-*+*&,*&&*&0*&6*&; and &7 'so far as relates to the manner of ta1ing evidence( of 8rder 9D!!! ;( rules & to - of 8rder 99 and 7( rule ? of 8rder 999!!! 'so far as relaxes to the ma1ing of a memorandum( and rule 0; of 8rder 9@! shall not appl# to an# High Court in the exercise of its appellate 3urisdiction. O")#" $ P"OV%NC%A$ 'MA$$ CA('# CO("T' &. )he provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act* &--?* >>> or to Courts exercising the 3urisdiction of a Court of Small Causes /under the said Act2* that is to sa# %
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a( so much of this schedule as relates to % i( suit excepted from the cogniBance of a Court of Small Causes or the execution of decrees in such suits ii( the execution of decrees against immova"le propert# or the interest of a partner in partnership propert# ii( the settlement of issues and "( the following rules and 8rders* % 8rder !!* rule & 'frame of suit( 8rder 9* rule 0 'record of examination of parties( 8rder 9D* except so much of rule 6 as provides for the pronouncement at once of 3udgment 8rder 9D!!!* rules ; to &. 'evidence( 8rder 9@! to 9@D 'appeals( 8rder 9@D!!* rules .*0*;*7*? 'review( 8rder @!. O")#" $% [P"#'%)#NC& 'MA$$ CA('# CO("T'! O<itted 9; t e A.O., 19=9. O")#" $ P"OV%NC%A$ 'MA$$ CA('# CO("T' &. Provincial Small Cause Courts$% )he provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act* &--? or to Courts exercising the 3urisdiction of a Court of Small Causes under the said Act* that is to sa#%% 'a( so much of this schedule as relates to 'i( suits excepted from the cogniBance of a Court of Small Causes or the execution of decrees in such suits 'ii( the execution of decrees against immova"le propert# or the interest of a partner in partnership propert# 'iii( the settlement of issues and '"( the following rules and 8rders*%% 8rder !!* rule & 'frame of suit( 8rder 9* rule 0 'record of examination of parties( 8rder 9D* except so much of rule 6 as provides for the pronouncement at once of 3udgment 8rder 9D!!!* rules ; to &. 'evidence( 8rders 9@! to 9@D 'appeals(
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8rder 9@D!!* rules .*0*;*7*? 'review( 8rder @!. @eg. Am.$ &. )he words and figures 4or under the Ierar Small Cause Courts @aw* &+,;4 which were ins. "# the Ierar @aws Act &+6& '6 of &+6&(* S. . and )hird Sch. have "een omitted "# the A.8.* &+6+. .. )he original words 4under that Act4 have "een successivel# amended "# the Ierar @aw Act &+6& '6 of &+6&( and the A.8.* &+6+ to read as a"ove. !HA $ H. Cross Ref.$ S. ? ,. .,.6. O")#" $% P"#'%)#NC& 'MA$$ CA('# CO("T' @eg. Am.$ &. 8mitted "# the A.8.* &+6+. High Court Amendment%Sind. Add the following as 8rder ;.. O")#" $%% &. Applica"ilit# of Rule 0- of 8rder 6& to proceedings under Section &&;. Rule 0- of 8rder 6& shall appl#* so far as ma# "e* to proceedings under Section &&; of the Code. T%T$#' OF '(%T' APP#N)%2 A P$#A)%N+' '&( )itles of Suits !F )HE C8ER) 8< A.I. 'add description and residence( K Plaintiff against C. :. 'add description and residence( K :efendant '.( :escription of Parties in Particular Cases Pa1istan or the Province of* as the case ma# "e )he Advocate%=eneral of )he Collector of )he State of )he A.I. Compan#* @imited* having its registered office at A.I.* a pu"lic officer of the C.:. Compan#. A.I. 'add description and residence( on "ehalf of himself and all other creditors of C.:.* late of 'add description and residence(. A.I. 'add description and residence( on "ehalf of himself and all other holders of de"entures issued "# the Compan#* @imited
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)he 8fficial Receiver A.I.* minor 'add description and residence(* "# C.:.* 'or "# the Court of Wards2* his next friend. A.I. 'add description and residence( a person of unsound mind 'or of wea1 mind2* "# C.:.* his next friend A.I* a firm carr#ing on "usiness in partnership. A.I* 'add description and residence "# his constituted attorne# C.: 'add description and residence(. A.I* 'add description and residence(* She"ait )ha1ar. FO"M' OF P$#A)%N+' A I. 'add description and residence( executor of C.:. deceased. A.I. 'add description and residence(* heir of C.:.* deceased. '0( Plaints Fo. & A8FEQ @EF) A.I.* the a"ove%named plaintiff* states as follows$% &. 8n theSSSSSda# ofSSSSS&+ he lent the defendant rupees repa#a"le on the SSSS da# of SSSS. .. )he defendant has not paid the same except SSSSS rupees paid on the SSSS da# of SSS&+. '!f the plaintiff was a minor 'or insane( from the SSSSda# of SSSSS till the SSSSda# of SSS. 0. )he plaintiff was a minor 'or insane( from the da# ofSSSSS. 6. <acts showing when the cause of action arose and that the court has 3urisdiction(. ;. )he value of the su"3ect matter of the suit for the purpose of 3urisdiction isSSSS rupees. 7. )he plaintiff claimsSSSS rupees with interest at SSSSS percent from the SSSS da# of SSS&+. NO. 2 MON#& OV#"PA%) ')itle( A.I. the a"ove named plaintiff states as follows$% &. 8n theSSSS da# of SSSS&+ the plaintiff agreed to "u# and the defendant to sellSSSSS "ars of silver atSSSSSannas per tola of fine silver. .. )he plaintiff procured the said "ars to "e assa#ed "# E.<.* who was paid "# the defendant for such assa#* and E.<. declared each of the "ars to contain &.;,, tolas of fine silver* and the plaintiff accordingl# paid the defendant rupees. 0. Each of the said "ars contained onl# &*.,, tolas of fine silver* of which fact the plaintiff was ignorant when he made the pa#ment.
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6. )he defendant has not repaid the sum so overpaid. 'As in paras* 6 and ; of <orm Fo. &* and Relief claimed(. NO. >. +OO)' 'O$) AT A F%2#) P"%C# AN) )#$%V#"#) ')itle( A.I.* the a"ove%named plaintiff* states as follows$% &. 8n theSSSSS da# ofSSSSS &0* E.P. sold and delivered to the defendant 'one hundred "arrels of flour* or the goods mentioned in the schedule hereto annexed or sundr# goods(. .. )he defendant promised to pa# SSSS rupees for the said goods on deliver# 'or on theSSSda# ofSSSsome da# "efore the plaint was filed2. 0. He has not paid the same. 6. E.<. died on theSSSSSSda# of &+SSS I# his lastSSSSSwill he appointed his "rother the plaintiff* his executor. 'As in paras 6 and ; of <orm Fo. &2 ?. )he plaintiff as executor of E.<. claims 'Relief claimed2. NO = +OO)' 'O$) AT A "#A'ONA1$# P"%C# AN) )#$%V#"#) ')itle( A.I.* the a"ove%named plaintiff* states as follows $ &. 8n theSSSSSSda# ofSSSS&+* plaintiff sold and delivered to the defendant 'sundr# articles of house%furniture(* "ut no express agreement was made as to the price. . )he goods were reasona"l# worth SSSSSSSS rupees. 0. )he defendant has not paid the mone#. 'As in paras 6 and ; of <orm Fo. & and Relief claimed2 NO. ? +OO)' MA)# AT )#F#N)ANT@' "#0(#'T, AN) NOT ACC#PT#) ')itle( A I.* the a"ove%named plaintiff* states as follows$% &. 8n theSSSSS da# of &+SSS * E.<. agreed with the plaintiff that the plaintiff should ma1e for him /ta"les and fift# chairs2 and that E.<. should pa# for the goods on deliver#SSSSS rupees. .. )he plaintiff made the goods* and on theSSSSSSda# of &+SSS * offered to deliver them to E.<.* and has ever since "een read# and wiling so to do.
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0. E.<. has not accepted the goods or paid for them. 'As in paras 6 and ; of <orm Fo. &* and Relief claimed2 NO. 5 )#F%C%#NC& (PON A "#/'A$# +OO)' AT A(CT%ON ')itle( A I * the a"ove%named plaintiff* states as follows % &. 8n theSSSS da# ofSSSS&+SSS * the plaintiff put up at auction sundr# 'goods2* su"3ect to the condition that all goods not paid* for and removed "# the purchaser within 'ten da#s( after the sale should "e re%sold "# auction on his account* of which condition the defendant had notice. .. )he defendant purchased 'one crate of croc1er#2 at the auction at the price ofSSSSrupees. 0. )he plaintiff was read# and willing to deliver the goods to the defendant on the date of the sale and for 'ten da#s2 after. 6. )he defendant did not ta1e awa# the goods purchased "# him nor pa# for them within 'ten da#s( after the sale* nor afterward. ;. 8n the SSSSS da# of SSSS&+SS* the plaintiff re%sold the crate of croc1er#* on account of the defendant* "# pu"lic auction* forSSSS rupees. 7. )he expenses attendant upon such re%sale amounted toSSSS rupees. ?. )he defendant has not paid the deficienc# thus arising amounting toSSSSS rupees. 'As in paras 6 and ; of <orm Fo. &* and Relief claimed(. NO. A '#"V%C#' AT "#A'ONA1$# "AT# ')itle( A.I. the a"ove named plaintiff* states as follows$% &. Ietween theSSS da# ofSSS &+ and the SSSda# ofSSS &+* plaintiff 'executed sundr# drawings* designs and diagrams( for the defendant* at his re5uest "ut no express agreement was made as to the sum to "e paid for such services. .. )he services were reasona"l# worth rupees. 0. )he defendant has not paid the mone#. 'As in paras 6 and ; of <orm Fo. &* and Relief claimed(.
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F8 . 8. '#"V%C#' AN) MAT#"%A$' AT A "#A'ONA1$# CO'T ')itle( A I.* the a"ove%named plaintiff* states as follows$% &. 8n theSSSS da# of SSS&+ at the plaintiff "uilt a house /1nown as Fo. in 2* and furnished* the materials therefore* for the defendant at his re5uest* "ut no express agreement was made as to the amount to "e paid for such wor1 and materials. .. )he wor1 done and materials* supplied were reasona"l# worth SSSS rupees. 0. )he defendant has not paid the mone#. 'As in paras 6 and ; <orm Fo. &( F8. +. ESE AF: 8CCEPA)!8F ')itle( A.I.* the a"ove%named plaintiff* executor of the will of 9. Q. deceased* states as follows$ &. )hat the defendant occupied the /House Fo* SSSSSStreetSSSSSS* "# permission of the said 9.Q. from the da# &+* until the SSS da# of &+* and no agreement was made as to pa#ment for the use of the said premises. .. )hat the use of the said premises for the said period was worth SSSS rupees. 0. )he defendant has not paid the mone#. 'As in paras 6 T ; of <orm Fo. &( 6. )he plaintiff as executor of Q. 9. claims 'Relief claimed(. F8. &, 8F AF AWAR: ')itle( A. I. the a"ove%named plaintiff states as follows$% &. 8n the SSSS da# of &+* the plaintiff and defendant having a difference "etween them concerning /a demand of the plaintiff for the price of ten "arrels of oil which the defendant refused to pa#( agreed in writing to su"mit the difference to the ar"itration of U <. 0rd =dV. and the originals document is annexed hereto. .. 8n theSSSSda# of SSSS &+ the ar"itrators awarded that the defendant should 'pa# the plaintiffSSSSS rupees(.
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0. )he defendant has not paid the mone#. /As in para 6 and ; of <orm Fo. & and relief claimed( F8. && 8F A <8RE!=F JE:=AEF) ')itle( A. I. the a"ove%named plaintiff states as follows$% &. 8n the SSSS da# of SSSS &+* at SSSSS in the State /or Hingdom( of SSSSSthe Court of that State /Hingdom2* in a Suit therein pending "etween the defendant* dul# ad3udged that the defendant should pa# to the plaintiff SSSSrupees* with interest from the said date. .. )he defendant has not paid the mone#. /As in paras 6 and ; of <orm Fo &* and Relief claimed2 F8. &. A=A!FS) SERE)Q <8R PAQAEF) 8< REF) 'title( A. I. the a"ove%named plaintiff states as follows$% &. 8n theSSSS da# ofSSS &+ E. <. hired from the plaintiff for the term ofSSSS #ears* the 'House Fo.SSSSS StreetSSSS( at the annual rent ofSSSSS rupees* pa#a"le 'monthl#(. .. )he defendant agreed* in consideration of the letting of the premises to E.<. to guarantee the punctual pa#ment of the rent. 0. )he rent for the month ofSSSS &+* amounting to rupees* has not "een paid. '!f* "# the terms of the agreement* notice is re5uired to "e given to the suret#* add$% 6. 8n the SSS da# of SSSS &+ the plaintiff gave notice to the defendant of the non% pa#ment of the rent and demanded pa#ment thereof. ;. )he defendant has not paid the same. 'As in paras 6 T ; of <orm Fo. & and Relief claimed( F8. &0 IREACH 8< A=REEAEF) )8 PERCHASE @AF: A. I. the a"ove named plaintiff states as follows$% &. 8n the SSSS da# of SSSS &+* the plaintiff and defendant entered into agreement and the original document is hereto annexed. 'or* on theSSSSSSda# of SSS &+*. )he plaintiff and defendant mutuall# agreed that the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff fort# "ighas of land in the village of SSSSS for SSSSSS rupees(.
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.. 8n theSSSSda# of &+* the plaintiff* "eing then the a"solute owner of the propert# 'and the same "eing tree from encum"rances as was made to appear to the defendant2* tendered to the defendant a sufficient instrument* of transfer of the same 'or* was read# and willing* and is still read# and willing* and offered to transfer the same to the defendant "# sufficient instrument on the pa#ment "# the defendant of the sum agreed upon. 0. )he defendant has not paid the mone#. 'As in paras 6 and ; of <orm Fo. & and relief claimed(. F8. &6 F8) :E@!DER!F= =88:S S8@: A. I. the a"ove%named plaintiff* states as follows$% &. 8n theSSSSSda# of &+ * atSSSSSS the plaintiff and defendant mutuall# agreed that the defendant should deliver /one hundred "arrels of flour2 to the plaintiff on theSSSS da# of &+ and that the plaintiff should pa# therefore SSSSSS rupees on deliver#. .. 8n the 'said( da# the plaintiff was read# and willing* and offered to pa# the defendant the said sum upon deliver# of the goods. 0. )he defendant has not delivered the goods and the plaintiff has "een deprived of the profits which would have accrued to him* from such deliver#. 'As in paras 6 and ; of <orm Fo. &* and Relief claimed( F8. !; WR8F=<E@ :!SA!SSA@ ')itle( A.I.* the a"ove%named plaintiff* states as follows $% &. 8n the SSSSS da# ofSSS &+* the plaintiff and defendant mutuall# agreed that the plaintiff should serve the defendant as /an accountant or in the capacit# of foreman* or as the case ma# "e( and that the defendant should emplo# the plaintiff as such for the term of /one #ear2 and pa# him for his service SSSSSSrupees 'monthl#(. .. 8n theSSSSda# of SSS&+* the plaintiff entered upon the service of the defendant and has ever since "een* and still is* read# and willing to continue in such service during the remainder of the said #ear whereof the defendant alwa#s has had notice. 0. 8n the SSSSda# of &+ * the defendant wrongfull# discharged the plaintiff* and refused to permit him to serve as aforesaid or to pa# him for his services. 'As in paras 6 T ; of <orm Fo. & and relief claimed(.
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F8. &7. IREACH 8< C8F)RAC) )8 SERDE ')itle( A. I. the a"ove%named plaintiff states as follows$% 8n theSSSSda# of &+ * the plaintiff and defendant mutuall# agreed that the plaintiff should emplo# the defendant at an annual salar# of SSSSSSrupees* and that the defendant should serve the plaintiff as An artist for the term of 'one #ear(. ! .. )he plaintiff has alwa#s "een read# and willing to perform his part of the agreement 'and on theSSS da# ofSSSS&+ offered so to do(. 0. )he defendant /entered upon2 the service of the plaintiff on the a"ove mentioned da#* "ut afterwards on theSSSSSSSSSSSSda# of &+ * he refused to serve the plaintiff as aforesaid. 'As in paras 6 T ; of <orm Fo. & and Relief claimed( F8. &?. A=A!FS) A IE!@:ER <8R :E<EC)!DE W8RHAAFSH!P ')itle( A.I.* the a"ove%named plaintiff. states as follows$% &. 8n theSSSSSS da# ofSSSS&+ * the plaintiff and defendant entered into an agreement* and* the original document is hereto annexed. /or state the tenor of the contract2. .. )he plaintiff dul# performed all the conditions of the agreement on his part. 0. )he defendant "uilt the house referred to in the agreement in a "ad and unwor1man li1e manner. 'As in paras 6 T ; of <orm F8. & and relief claimed( F8.&- 8F A I8F: <8R )HE <!:E@!)Q 8< A C@ERH ')itle( A.I* the a"ove%named plaintiff* states as follows$% &. 8n theSSSSSda# ofSSSS&+ * the plaintiff too1 E.<. into his emplo#ment as a cler1 .. !n consideration thereof* on the da# of SSSSSS &+* the defendant agreed with the plaintiff that if E.<. should fail to account to the plaintiff for all monies* evidences of de"t or other propert# received "# him for the use of the plaintiff* the defendant would pa# to the plaintiff whatever loss he might sustain reason thereof* not exceeding SSSrupees. '8r .. !n consideration thereof* the defendant "# his "ond of the same date "ound himself to pa# the plaintiff the penal sum ofSSSSS rupees* su"3ect to the condition that if E.<.
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should faithfull# perform his duties of cler1 and cashier the plaintiff and should 3ustl# account to the plaintiff for all monies* evidences of de"t or other propert# which should "e at an# time held "# him in trust* for the plaintiff the "ond should "e void2. '8r .. !n consideration thereof on the same date the defendant executed a "ond in favour of the plaintiff and the original document is hereto annexed(. 0. Ietween the da# of l+* and the SSSda# ofSSS&+* E.<. received mone# and other propert#* amounting to the value of SSSSrupees* for the use of the plaintiff for which sum he has not accounted to him* and the same still remains due and unpaid. 'As in paras 6 T ; of <orm Fo. & and Relief claimed( F8. &+. IQ )EFAF) A=A!FS) @AF:@8R: W!)H SPEC!A@ :AAA=E ')itle( A. I. the a"ove%named plaintiff* states as follows$% &. 8n theSSSda# ofSSS&+ * the defendant "# a registered instrument* let to the plaintiff the house Fo. SSSSSStreetSSSSfor the term ofSSSS #ears* constructing with the plaintiff that he* the plaintiff* and his legal representatives should 5uietl# en3o# possession thereof for the said term. .. All conditions were fulfilled and all things happened necessar# to entitle plaintiff to maintain this suit. 0. 8n theSSSda# ofSSS&+ * during the said term* E. <.* who was the lawful owner of the said house* lawfull# evicted the plaintiff there from and still withholds the possession thereof from him. 6. )he plaintiff was there"# /prevented from continuing the "usiness of a tailor at the said place and was compelled to expend SSSSrupees in moving* and lost the custom of =.H and !. J. "# such removal2. 'As in paras 6 T ; of <orm Fo. & and Relief claimed( F8. ., 8F AF A=REEAEF) 8< !F:EAF!)Q ')itle( A. I* the a"ove%named plaintiff states as fellows$% &. 8n theSSSSSda# ofSSS&+ * the plaintiff and defendant* "eing partners in trade under the st#le of A.I and C. :* dissolved the partnership* and mutuall# agreed that the defendant should ta1e and 1eep all the partnership propert#* pa# all de"ts of the firm and !ndemnif# the plaintiff against all claims that might "e upon him on account of an# inde"tedness of the firm
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.. )he plaintiff dul# performed all the conditions of the agreement on his part. 0. 8n theSSSda# ofSS&+ * 'a Judgment was recovered against the plaintiff and defendant "# E. <. in the High Court of Judicature atSSSSupon a de"t due from the firm to E.<. and on the da# ofSSSS* the plaintiff paidSSSSrupees 'in satisfaction of the same2. 6. )he defendant has not paid the same to the plaintiff. 'As in paras 6 T ; of <orm Fo. & and Relief claimed( F8. .&. PR8CER!F= PR8PER)Q IQ <RAE: ')itle( A. I.* the a"ove%named plaintiff* states as follows$% &. 8n theSSSSda# ofSSS&+* the defendant* for the purpose of inducing the plaintiff to sell him certain goods represented to the plaintiff that 'he* the defendant* was solvent* and worth SSSrupees over all his lia"ilities(. .. )he plaintiff was there"# induced to sell 'and deliver2 to the defendant 'dr# goods( of value of SSSrupees. 0. )he said representations were false 'or state the particular falsehoods and were then 1nown "# the defendant to "e so. 6. )he has not paid for the goods 'or* if the goods were not delivered(. )he plaintiff* in preparing and shipping the goods and procuring their restoration* expended SSSS rupees. 'As in paras 6 T ; of <orm Fo. & and Relief claimed( F8. ... <RAE:E@EF)@Q PR8CER!F= CRE:!) )8 IE =!DEF )8 AF8)HER PERS8F ')itle( A.I* the a"ove%named plaintiff* states as follows$% &. 8n theSSSSda# ofSSSS&+ * the defendant represented to the plaintiff that E.<* was solvent and in good credit* and worth rupees over all his lia"ilities /or that E. <.* then held a responsi"le situation and was in good circumstances* might safel# "e trusted with goods on credit2. .. )he plaintiff was there"# induced to sell to E.<. 'rice2 of the value ofSSSrupees 'on SSSmonths credit2. 0. )he said representations were false and were then 1nown "# the defendant to "e so* and were made "# him with intent to deceive and defraud the plaintiff deceive and in3ure the plaintiff.
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6. E. < 'did not pa# for the said goods at the expiration of the period aforesaid* or2 has not paid for the said rice and the plaintiff has wholl# lost the same. 'As in paras 6 T ; of <orm Fo. & and Relief claimed( F8. .0. P8@@E)!F= )HE WA)ER EF:ER )HE P@A!F)!<<CS @AF: ')itle( A.I.* the a"ove named plaintiff* states as follows$% &. )he plaintiff is* and at all the times hereinafter mentioned was* possessed of certain land called SSSSSSSand situate inSSSSS and of well therein and of water in the well* and was entitled to the use and "enefit of the well and of the water therein* and to have certain springs and streams of water which flowed and ran into the well to suppl# the same to flow or run without "eing fouled or polluted. .. 8n the SSSS da# ofSS&+* the defendant wrongfull# fouled and polluted the well and the water therein and the springs and streams of water which flowed into the well. 0. !n conse5uence the water in the well "ecame impure and unfit for domestic and other necessar# purposes and the plaintiff and his famil# are deprived of the use and "enefit of the well and water. 'As in paras 6 T ; of <orm Fo. & and Relief claimed( F8. .6 CARRQ!F= 8F A F89!8ES AAFE<AC)ERE. ')itle( A. I. the a"ove%named plaintiff* states as follows$% &. )he plaintiff is and at all the times hereinafter mentioned was possessed of certain lands called SSSS situated in SSSSS .. Ever since the da# &+ * the defendant has wrongfull# caused to issue from certain smelting wor1s carried on "# the defendant large 5uantities of offensive and unwholesome smo1e and other vapors and noxious matter* which spread over and upon the said lands and corrupted and settled on the surface of the lands. 0. )here"# the trees* hedges* her"age and crops of the plaintiff growing on the lands were damaged and deteriorated. !n value* and the cattle and live stoc1 of the plaintiff on the lands "ecame unhealth#* and man# of them were poisoned and died. 6. )he plaintiff was una"le to graBe the lands with cattle and sheep as he otherwise might have done* and was o"liged to remove his cattle* sheep and farming stoc1 there from* and has "een prevented from having so "eneficial and health# a use and occupation of the lands as he otherwise would have had.
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'As in paras 6 and ; of <orm Fo. & and Relief claimed( F8. .;. 8IS)REC)!F= A R!=H) 8< WAQ ')itle( A.I. the a"ove%named plaintiff* states as follows$% &. )he plaintiff is* and at the time hereinafter mentioned was possessed of a house in the village ofSSSSSSSSSS. .. He was entitled to a right of wa# from the house over a certain field to a pu"lic highwa# and "ac1 again from the highwa# over the field to the house for himself and his servants 'with vehicles* or on foot2 at all times of the #ear. 0. 8n the SSSSS da# of &+ defendant wrongfull# o"structed the said wa#* so that plaintiff could not pass with vehicles* or on foot or in an# manner along the wa# 'and has ever since wrongfull# o"structed the same. 6. 'State special damage* if an#( 'As in paras 6 and ; of <orm Fo. & and Relief claimed( F8. .7. 8IS)REC)!F= A H!=HWAQ ')itle( &. )he defendant wrongfull# dug a trench and heaped up earth and stones in the pu"lic highwa# leading fromSSSSSS toSSSSSSS so as to o"struct it. .. )here"# the plaintiff* while lawfull# passing along the said highwa#* fell over the said earth and stones 'or into the said trench( and "ro1e his arm* and suffered great pain* and was prevented from attending to his "usiness for a long time* and incurred expense for medical attendance. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( F8 .?. :!DER)!F= A WA)ER%C8ERSE ')itle( A. I. the a"ove%named plaintiffs states as follows$% &. )he plaintiff is* and at the time hereinafter mentioned was* possessed of mill situated on a 'stream2 1nown as the SSSSSSSS in the village of SSSSSSS district ofSSSSSSS. .. I# reason of such possession the plaintiff was entitled to the flow of the stream for wor1ing the mill.
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0. 8n the SSS da# of SSSS &+* the defendant* "# cutting the "an1 of the stream* wrongfull# diverted the water thereof so that less water ran into the plaintiffCs mill. 6. I# reason thereof the plaintiff has "een una"le to grind more than sac1s per da#* whereas* "efore the said diversion of water* he was a"le to grindSSS sac1s per. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( F8. .-. 8IS)REC)!F= A R!=H) )8 ESE WA)ER !RR!=A)!8F ')itle( A. I.* the a"ove%named plaintiff* states as follows$% &. Plaintiff is and was at the time hereinafter mentioned.* possessed of certain lands situate* etc. and entitled to ta1e and use a portion of the water of a certain stream for irrigating the said lands. .. 8n the SSSSS da#SSSSS l+ *defendant prevented the plaintiff from ta1ing and using the portion of the said water as aforesaid "# wrongfull# o"structing and diverting the said stream. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( F8. .+. !FJER!ES CAESE: IQ FE=@!=EFCE 8F A RA!@R8A: ')itle( A. I. the a"ove named plaintiff states as follows$% &. 8n theSSSSS da# ofSSSSS&+* the defendants were common carriers of passengers "# railwa# "etweenSSSSSS andSSSSSS. .. 8n that da# the plaintiff was a passenger in one of carriages of the defendants on the said railwa#. 0. While he was such passenger* at SSSS or near the station ofSSSSS or "etween the stations of SSSSSSand SSSSSS a collusion occurred on the said railwa# caused "# the negligence and uns1ill%fullness of the defendantCs servants* where"# the plaintiff was much in3ured 'having leg* "ro1en* his head cut* etc. and state the special damage* if an# as( and incurred expense for medical attendance* and is permanentl# disa"led from carr#ing on his former "usiness as a salesman. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( 8r thus$%.. 8n that da# the defendants "# their servants so negligentl# and uns1illfull# drove and managed an engine and a train of carriages attached thereto upon and along the defendantCs railwa# which the plaintiff was then lawfull# crossing* that the said engine and train were driven and struc1 against the plaintiff* where"#* etc.* as in para 0(.
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F8. 0,. !FJER!ES CAESE: IQ FE=@!=EF) :R!D!F= ')itle( A. I. a"ove%named plaintiff* states as follows$% &. )he plaintiff is a shoe%ma1er* carr#ing on "usiness atSSSSS. )he defendant is a merchant of SSSSSSSSSS. 8n the SSSSSda# ofSSSS&+ * the plaintiff was wal1ing 'westward( along 'Iunder Road(* in the cit# of Harachi at a"ove 0 8Ccloc1 in the afternoon. He was o"liged to cross Wood Street* which is a Street running into Iunder Road at right angles. While he was crossing this street* and 3ust "efore he could reach the foot%pavement on the further side thereof* a carriage of the defendantCs servants* was drawn "# two horses under the charge and control of the defendantCs servants* was negligentl#* suddenl# and without an# warning turned at a rapid and dangerous pace out of Wood Street into Iunder Road. )he pole of the carriage struc1 the plaintiff and 1noc1ed him down* and he was much trampled "# the horses. 0. I# the "low and fail and trampling the plaintiffCs left arm was "ro1en and he was "ruised and in3ured on the side and "ac1* as well as internall#* and in conse5uence thereof the plaintiff was for four months ill and in suffering* and una"le to attend to his "usiness* and incurred heav# medical and other expenses* and sustained great loss of "usiness and profits. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( F8. 0& <8R AA@!C!8ES PR8SECE)!8F ')itle( A.I.* the a"ove%named plaintiff* states as follows$% &. 8n the SSSSSSda# ofSSSSS &+* the defendant o"tained a warrant of arrest from '''''' a Aagistrate of the said cit# or as the case ma# "e( on a charge of SSSSSS and the plaintiff was arrested thereon and imprisoned for SSSS da#s or hours and gave "ail in the sum of SSSSS rupees to o"tain his release(. .. !n so doing the defendant acted maliciousl# and without reasona"le or pro"a"le cause. 0. 8n theSSSSS da# ofSSSSSS&+ the Aagistrate dismissed the complaint of the defendant and ac5uitted the plaintiff. 6. Aan# persons* whose names are un1nown to the plaintiff* hearing of the arrest* and supposing the plaintiff to "e a criminal* have ceased to do "usiness with him or in conse5uence of the said arrest* the plaintiff lost his situation as cler1 to one E. <. or in conse5uence* the plaintiff suffered pain of "od# and mind* and was prevented from transacting his "usiness* and was in3ured in his credit and incurred expense in o"taining
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his release from the said imprisonment and in defending himself against the said complaint. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( F8. 0. A8DAI@ES WR8F=<E@@Q :E)A!FE: ')itle( A. I. the a"ove%named plaintiff* states as follows$% &. 8n the SSSSS da# of SSSSSS &+* plaintiff owned 'or state facts showing a right to the possession( the goods mentioned in the schedule hereto annexed 'descri"e the goods( the estimated value of which is SSSSS rupees. .. <rom that da# until the commencement of this suit the defendant has detained the same from the plaintiff. 0. Iefore the commencement of the suit* to wit* on the SSSS da# ofSSSS&+ * the plaintiff demanded the same from the defendant "ut he refused to deliver them. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( 7. )he plaintiff claims% '&( deliver# of the said goods* orSSSS rupees* in case deliver# cannot "e had '.( rupees compensation for the detention thereof. SSSSSSSSSSSS )he Schedule SSSSSSSSSSSS F8. 00 A=A!FS) A <RAE:E@EF) PERCHASER AF: H!S )RAFS<EREE W!)H F8)!CE ')itle( A. I. the a"ove%named plaintiff* states as follows$% &. 8n theSSSSSda# ofSSSSSS &+* the defendant C.:. for the purpose of inducing the plaintiff to sell him certain goods* represented to the plaintiff that was solvent* and worth rupees over all his lia"ilities(. .. )he plaintiff was there"# induced to sell and deliver to C. :. 'one hundred "oxes of tea( the estimated value of which isSSSSSSrupees. 0. )he said representations were false* and were then 1nown "# C.:. to "e so 'or at the time of ma1ing the said representations. C.:. was insolvent* and 1new himself to "e so2.
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6. C.:. afterwards transferred the said goods to the defendant E. <. without consideration who had notice of the falsit# of the representation2. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( ?. )he plaintiff claims$% '&( deliver# of the said goods* orSSSSSSS rupees in case deliver# cannot "e had '.( rupees compensation the detention thereof F8. 06 RESC!SS!8F 8< A C8F)RAC) 8F )HE =R8EF: 8< A!S)AHE ')itle( A.I* the a"ove%named plaintiff* states as follows$% &. 8n the da# ofSSSSSS &+* the defendant represented to the plaintiff that a certain piece of ground "elonging to the defendant* situated atSSSSSS contained 'ten "ighas2. .. )he plaintiffC was there"# induced to purchase the same at the price ofSSSS rupees in the "elief that the said representation was true* and signed an agreement of which the original is hereto annexed "ut the land* has not "een transferred to him. 0. 8n theSSSSda# of SSSSSS &+* the plaintiff paid the SSSSS rupees as part of the purchase%mone#. 6. )hat the said piece of ground contained in fact onl# 'five "ighas2. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( )he plaintiff claims$% '&(SSSS rupees with interest from the SSSS da# ofSSSSS &+* '.( that the said agreement "e delivered up and cancelled. F8. 0; AF !FJEFC)!8F RES)RA!F!F= WAS)E ')itle( A.I. the a"ove named plaintiff* states as follows$% &. )he plaintiff is the a"solute owner ofSSSS 'descri"e the propert#(. .. )he defendant is in possession of the same under a lease from the plaintiff. 0. )he defendant has 'cut down a num"er of valua"le trees* and threatens to cut down man# more for the purpose of sale( without the consent of the plaintiff. 'As in paras 6 and ; of <orm Fo. & and Relief claimed(
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7. )he plaintiff claims that the defendant "e restrained "# in3unction from committing or permitting an# further waste on the said premises. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( F8. 07. !FJEFC)!8F RES)RA!F!F= FE!SAFCE ')itle( A.I.* the a"ove named plaintiff* states as follows$% &. Plaintiff is* and at all the times hereinafter mentioned was* the a"solute owner of the house Fo.SSSSSS StreetSSSS Harachi. .. )he defendant is and at all the said times was the a"solute owner of a plot of ground in the same street SSSSS. 0. 8n the SSSS da# &+* the defendant erected upon his said plot a slaughter%house and still maintains the same and from that da# until the present time has continuall# caused cattle to "e "rought andC 1illed there 'and has caused the "lood and offal to "e thrown into the Street opposite the said house of the plaintiff. 6. !n conse5uence the plaintiff has "een compelled to a"andon the* said house and has "een una"le to send the same. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( ?. )he plaintiff claims that the defendant "e restrained "# in3unction from committing or permitting an# further nuisance. F8. 0? PEI@!C FE!SAFCE ')itle( A. I. the a"ove%named plaintiff states as follows$ &. )he defendant has wrongl# heaped up earth and stones on a pu"lic road 1nown as SSSSS street atSSSSS so as to o"struct the passage of the pu"lic along the same and threatens and intends* unless restrained from so doing* to continue and repeat the said wrongful act. .. )he plaintiff has o"tained the consent in writing of$ the Advocate%=eneral 'or other officer appointed in this "ehalf2 to the !nstitution of the suit. 'As in paras 6 and ; of <orm Fo. & and Relief claimed(
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;. )he plaintiff claims% '&( a declaration* that the defendant is not entitled to o"struct the passage of the pu"lic along the said pu"lic road. '.( an in3unction restraining the defendant from o"structing the passage of the pu"lic along the said pu"lic road and directing the defendant to remove the earth and stones wrongfull# heaped up as aforesaid. F8. 0- !FJEFC)!8F A=A!FS) )HE :!DERS!8F 8< WA)ER.C8ERSE ')itle( A.I. the a"ove%named plaintiff* states as follows$% /As in <orm Fo. .?( )he plaintiff claims that the defendant "e restrained "# in3unction from diverting the water as aforesaid. F8. 0+. RES)8RA)!8F 8< A8DAI@E PR8PER)Q )HREA)EFE: W!)H :ES)REC)!8F AF: <8R AF !FJEFC)!8F ')itle( A.I. the a"ove%named plaintiff* states as follows % &. Plaintiff is and at all* times hereinafter* mentioned was* the owner of 'a portrait of his grand%father which was executed "# an eminent painter( which duplicate exists 'or state an# facts showing that the propert# is of a 1ind that cannot "e replaced "# mone#(. .. 8n theSSSSSda# of SSSSS&+ he deposited the same for safe%1eeping with the defendant. 0. 8n the SSSS da# of %SSSS &+* he demanded the same from the defendant and offered to pa# all reasona"le charges for the storage of the same. 6. )he defendant refuses to deliver the same to the plaintiff and threatens to conceal* dispose of* cut or in3ure the same if re5uired to deliver it up. ;. Fo pecuniar# compensation would "e an ade5uate compensation to the plaintiff for the loss of the 'painting(. 'As in paras 6 and ; of <orm Fo. & and Relief claimed( -. )he plaintiff claims% '&( that the defendant "e restrained "# in3unction from disposing of* in3uring or concealing the said 'painting(
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'.( that he "e compelled to deliver the same to the plaintiff. F8. 6,. !F)ERP@EA:ER ')itle( A.I.* the a"ove%named plaintiff states as follows$% &. Iefore the date of the claims hereinafter mentioned =. H. the plaintiff 'descri"e the propert#( for safe 1eeping. .. )he defendant C. :. claims the same 'under an alleged assignment thereof to him from =.H(. 0. )he defendant E. <. also claims the same 'under an order of =. H. transferring the same to him(. 6. )he plaintiff is ignorant of the respective rights of the defendants. ;. He has no claim upon the said propert# other than for charges and costs* and is read# and willing to deliver it to such persons as the Court shall direct. 7. )he suit is "rought "# collusion with either of the defendants. 'As in paras 6 and ; of <orm Fo. &( +. )he plaintiff claims$% '&( that the defendants "e restrained* "# in3unction* from ta1ing an# proceedings against the plaintiff !n relation thereto '.( that the# "e re5uired to !nterplead together concerning their claims to the said propert# '0( that some person "e authoriBed to receive the said propert# pending such litigation. '6( that upon delivering the same to such 'person2 the plaintiff "e discharged from all lia"ilit# to either of the defendants !n relation thereto. F8. 6& A:A!F!S)RA)!8F IQ CRE:!)8R 8F IEHA@.< 8< H!ASE@< AF: A@@ 8)HERS ')itle( A. I. the a"ove%named plaintiff* states as follows$% &. E. <. late ofSSSSSS was at the time of his death* and his estate still is inde"ted to the plaintiff in the sum of SSSSSS'here insert nature of de"t and securit#* if an#(.
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.. E. <. died on or a"out theSSSSSda# ofSSSSS"# his last will SSSSdated theSSSSda# of he appointed C. :. his executor 'or devised his estate in trust etc. or died intestate* as the case ma# "e2. 0. )he will was proved "# C. :. 'or letters of administration were granted etc2. 6. )he defendant has possessed himself of the mova"le 'and immova"le* or the proceeds of the immova"le propert# of E. <. and has not paid the plaintiff his de"t. 'As in paras 6 and ; of <orm Fo. &( ?. )he plaintiff claims that an account ma# "e ta1en of the mova"le /and immova"le( propert# of E.<. deceased and that the same ma# "e administered under the decree of the court(. F8. 6.. A:A!F!S)RA)!8F IQ SPEC!<!C @E=A)ES ')itle( 'Alter <orm Fo. 6& thus( '8mit paragraph & and commence paragraph .( E .<.* late ofSSSS died on or a"out theSSSS da# ofSSSSS. I# his last will* dated* the da# of SSSSS he appointed C. :. his executor* and "e5ueathed to the plaintiff 'here state the specific legac#2. <or paragraph 6 su"stitute % )he defendant is in possession of the mova"le propert# of E.<.* and* amongst other things of the said 'here name the su"3ect of the specific "e5uest(. <or the commencement of paragraph ? su"stitute$% )he plaintiff claims that the defendant ma# "e ordered to deliver to him the said 'here name and su"3ect of the specific "e5uest( or that etc. F8. 60 A:A!F!S)RA)!8F IQ PECEF!ARQ @E=A)EE ')itle( 'Alter <orm Fo. 6& thus( '8mit paragraph ! and su"stitute for paragraph .( E. <. late ofSSSSSSSS died on or a"out theSSSSda# ofSSSSS he appointed C. :. his executor and "e5ueathed to the plaintiff a legac# of SSSSSrupees. !n paragraph 6 su"stitute 4legac#4 for de"t. Another <orm ')itle(
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E. <. the a"ove named plaintiff* states as follows$% &. A. I. of H in the SSSSSdied on theSSSSS da# ofSSSSS I# his last will* dated theSSSSS da# ofSSSSS he appointed the defendant and A. F. 'who died in the testatorCs lifetime( his executors* and "e5ueathed his propert#* whether mova"le or immova"le* to his executors in trust* to pa# the rents and income thereof to the plaintiff for his life$ and after his decease* and in default of his having a son who should attain twent# one or a daughter who should attain that age or marr#* upon trust as to his immova"le propert# for would "e the testatorCs heir%at%law* and as to his mova"le propert# for the persons who would "e the testatorCs next of 1in if he had died intestate at the time of the death of the plaintiff* and such failure of his issue as aforesaid. .. )he will was proved "# the defendant on theSSSS da# ofSSSSSS. )he plaintiff has not "een married. 0. )he testator was at his death entitled to mova"le and immova"le propert# the defendant entered into the receipt of the rents of the immova"le propert# and got in the mova"le propert# * he has sold some part of the immova"le propert#. 'As in paras 6 and ; of <orm Fo. &( 7. )he plaintiff claims$% '&( to have the mova"le and immova"le propert# of A. I. administered in this court and for that purpose to have all proper directions given and accounts ta1en. '.( Such further or other relief as the nature of the case ma# re5uire. F8. 66 E9ECE)!8F )RES)S ')itle( A. I. the a"ove%mentioned plaintiff* states as follows$% &. He is one of the trustees under an instrument of settlement "earing date on or a"out theSSSSS da# ofSSSSS made upon the marriage of E. <. and =. H.* the father and mother of the defendant 'or an instrument of transfer of the estate and effects of E. <. for the "enefit of C. :. the defendant* and the other creditors of E. <.(. .. A. I. has ta1en upon himself the "urden of the said trust and is in possession of 'or of the proceeds of( the mova"le and immova"le propert# transferred "# the said instrument. 0. C. :. claims to "e entitled to a "eneficial interest under the instrument. 'As in paras 6 and ; of <orm Fo. &( 7. )he plaintiff is desirous to account for all the rents and profits of the said immova"le propert# 'and the Proceeds of the sale of the said or of part of the said* immova"le propert#* or mova"le or the proceeds of the sale of or of part of* the said mova"le propert#* or the profits accruing to the plaintiff as such trustee in the execution of the said
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trust( and he pra#s that the Court will ta1e the accounts of the said trust* and also that the whole of the said trust estate ma# "e administered in the Court for he "enefit of C.:. * the defendant and all other persons who ma# "e interested in such administration in the presence of C.:. and such other persons so interested as the Court ma# direct* or that C.:. ma# show good cause to the contrar#. 'F. I. % Where the suit is "# a "eneficiar#* the plaint ma# "e modeled* mutatis mutandis on the plaint "# a legatee( . F8. 6; <8REC@8SERE 8R SA@E ')itle( A. I. the a"ove%named plaintiff* states as follows$% &. )he plaintiff is mortgagee of lands "elonging to the defendant. .. )he following are the particulars of the mortgage$% 'a( date '"( names of mortgagor and mortgagee 'c( sum secured 'd( rate of !nterest 'e( propert# su"3ect to mortgage f( amount now due 'g( if the plaintiffCs title is derivative stare shortl# the transfers or devolution which he claims(. '!f the plaintiff is mortgagee in possession* add( 0. )he plaintiff too1 possession of the mortgaged propert# on the SSSS da# ofSSSS and is read# to account as mortgagee in possession from that time. 'As in paras 6 and ; of <orm Fo. &( 7. )he plaintiff claims% '&( pa#ment or in default 'sale or( foreclosure 'and possession( 'Where 8rder 06* rule 7 applies(. .( in case the proceeds of the sale are found to "e insufficient to pa# the amount due to the plaintiff* then that li"ert# "e reserved to the plaintiff to appl# for a decree for the "alance. F8. 67. RE:EAP)!8F ')itle( A. I* the a"ove%named plaintiff* states as follows % &. )he plaintiff is mortgagor of lands of which the defendant is mortgagee* .. )he following are the particulars of the mortgage$% 'a( 'date(
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'"( names of mortgagor and mortgagee( 'c( 'sum secured( 'd( 'rate of interest( 'e( 'propert# su"3ect to mortgage( 'f( '!f the plaintiffCs title is derivative* state shortl# the transfers or devolution under which he claims(. '!f the defendant is mortgagee in possession* add( 0. )he defendant has ta1en possession 'or has received the rents( of the mortgaged propert#. 'As in paras 6 and ; of <orm Fo. &( 7. )he plaintiff claims to redeem the said propert# and to have the sari re%conve#ed to him and to have possession thereof2. F8. 6?. SPEC!<!C PER<8RAAFCE 'F8. &( ')itle( A.I.* the a"ove named plaintiff* states as follows$% &. I# an agreement dated theSSSSSda# ofSSSSS and signed "# the defendant* he contracted to "u# of 'or sell to( the plaint certain immova"le propert# therein descri"ed and referred to sum ofSSSSSSSrupees. .. )he plaintiff has applied to the defendant specificall# to perform the agreement on his part* "ut the defendant has not done so. 0. )he plaintiff has "een and still is read# and* willing specificall# to perform the agreement on his part of which the defendant has had not. 'As in paras 6 and ; of <orm Fo. &( 7.$ )he plaintiff claims that the Court will order* the defendant specificall# to perform the agreement and to do all acts necessar# to put the plaintiff in full possession of the said propert# to accept a transfer and possession of the said propert#2 and to pa# the costs of the suit. F8. 6- SPEC!<!C PER<8RAAFCE ')itle( A. I.* the a"ove%named plaintiff* states as follows$% &. 8n the SSSda# ofSSSSSS&+ the plaintiff and defendant entered into an agreement in writing and the original document is hereto annexed.
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)he defendant was a"solutel# entitled to the immova"le propert# descri"ed in the agreement. .. 8n theSSSS da# ofSSSS&+ * the plaintiff tendered SSSSrupees to the defendant* and demanded a transfer of the said propert# "# a sufficient !nstrument.. 0. 8n theSSSSda#SSS &+ the plaintiff again demanded such transfer 'or the defendant* refused to transfer the same to the plaintiff. 6. )he defendant has not executed an# instrument of transfer. ;. )he plaintiff is still read# and willing to the purchase%mone# of the said propert# to the defendant. 'As in paras 6 and . of <orm Fo. &( -. )he plaintiff claims$% 'l( that the defendant transfer the said propert# to the plaintiff "# a sufficient instrument 'following the terms of the agreement2. '.(SSSSrupees compensation for withholding the same. F8. 6+ PAR)FERSH!P ')itle( A. I. the a"ove%named plaintiff* states as follows % &. He and C.:. the defendant have "een for SSSS#ears /or months2 past carr#ing on "usiness together under articles of partnership in writing 'or under a deed* or under a ver"al agreement2. .. Several disputes and differences* have arisen "etween the plaintiff and defendant as such partners where"# it has "ecome impossi"le to carr# on the "usiness in. partnership with advantage to the partners 'or the defendant has committed the following "reaches of the partnership articles$% '&( '.( '0( 'As in paras 6 and ; of <orm Fo. &( ;. )he plaintiff claims%. '&( dissolution of the partnership '.( that accounts "e ta1en '0( that a receiver "e appointed
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'F. I.%!n suits for the winding%up of an# partnership* omit the claim for dissolution and instead insert a paragraph stating the facts of the partnership having "een dissolved(. '6( Written Statements =eneral :efences :enial%)he defendant denies that 'set out facts(. )he defendant does not admit that 'set out facts(. )he defendant admits thatSSSS "ut sa#s that Protest.%)he defendant denies that he is a partner and the defendant firm of the plaintiff. )he defendant denies that he made the contract alleged or an# contract with the plaintiff. )he defendant denies that he contracted with the plaintiff as alleged or at all. )he defendant admits assets "ut not the plaintiffCs claim. )he defendant denies that the plaintiff sold to him the goods mentioned in this plaint or an# of them. @imitation.%)he suit is "arred "# articleSSS or article of the Second Schedule to the '!ndian @imitation Act* &-??2. Jurisdiction. %)he$ Court has no 3urisdiction to hear the suit on the ground that 'set forth the grounds(. 8n the da# of a diamond ring was delivered "# the defendant to and accepted "# the plaintiff in discharge of the alleged cause of action. !nsolvenc#.%)he defendant has "een ad3udged an insolvent. )he plaintiff "efore the institution of the suit was ad3udged an insolvent and the right to sue vested in the receiver. Ainorit#.%)he defendant was a minor at the time of ma1ing the alleged contract. Pa#ment into court.%)he defendant as to the whole claim 'or as to Rs. ( part of the mone# claimed* 'or as case ma# "e( has paid into court Rs. and sa#s that this sum is enough to satisf# the p claim 'or the part aforesaid2. Performance remitted %)he performance of the promise alleged was remitted on the SSSS'date(. Rescission%)he contract was rescinded "# agreement "etween the plaintiff and defendant. Res Judicata %%% )he plaintiffCs claim is "arred "# the decree in suit 'give the reference(.
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Estoppel.%)he plaintiff is estopped from den#ing the truth of 'insert statement as to which estopped is claimed( "ecause 'here state the facts relied on as creating the estoppel(. =round of defence su"se5uent to institution of suit.%Since the institution of the suit* that is to sa#* on the da# ofSSS 'set out facts(. F8. ! :E<EFCE !F SE!)S <8R =88:S S8@: AF: :E@!DERE: &. )he defendant did not order the goods. .. )he goods were not delivered to the defendant. 0. )he price was not Rs.SSSSS or 6. &. ; . Except as to Rs.SSSSS same as .. 7. 0. ?. )he defendant 'or A.I. the defendantCs agent2* satisfied the claim "# pa#ment "efore suit to the plaintiff 'or to C. :. the plaintiffCs agent2 on the da# ofSSSS&+ . -. )he defendant satisfied the claim "# pa#ment after suit to the plaintiff on theSSSda# of &+SS Fo. . :E<EFCE !F SE!)S !F I8F:S &. )he "ond is not the defendantCs "ond. .. )he defendant made pa#ment to the plaintiff on the da# according to the condition of the "ond. 0. )he defendant made pa#ment to the plaintiff after the da# named and "efore suit of the principal and interest mentioned in the "ond. Fo. 0 :E<EFCE !F SE!)S 8F =EARAF)EES &. )he principal satisfied the claim "# pa#ment "efore suit. .. )he defendant was released "# the plaintiff giving time to the principal de"tor in pursuance of a "inding agreement. Fo. 6. :E<EFCE !F AFQ SE!) <8R :EI) &. As to Rs. .,, of the mone# claimed* the defendant is entitled to set off for goods sold and delivered "# the defendant to the plaintiff. Particulars are as follows$% Rs. &+,?* Januar#* .;th ... &;, <e"ruar#* &st ... ;,
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SSSSS )otal .,, SSSSS .. As to the whole 'or as to Rs.SSSS part of the mone# claimed the defendant made tender "efore suit* of Rs.SSSS and has paid the same into Court. Fo. ;. :E<EFCE !F SE!)S <8R !FJER!ES CAESE: IQ !6E=@ :R!D!F= &. )he defendant denies that the carriage mentioned in the plaint was the defendantCs carriage* and that it was under the charge or control of the defendantCs servants. )he carriage "elonged toSSSSSSofSSSSSSSSSSS. Street 'Harachi( liver# sta"le 1eepers emplo#ed "# the defendant to suppl# him with carriages and horses and the person under whose charge and control the said carriage was* was the servant of the said. .. )he defendant does not admit that the said carriage was turned o of 'Wood Street( either negligentl#* suddenl# or without warning* or at a rapid or dangerous pace. 0. )he defendant sa#s the plaintiff might and could "# the exercise of reasona"le care and diligence* have seen the said carriage approaching him* and avoided an# collision with it. 6. )he defendant does not admit the statements contained in the third paragraph of the plaint. Fo. 7. :E<EFCE !F A@@ SE!)S <8R WR8F=S &. :enial of the several acts /or matters2 complained of. Fo. ?. :E<EFCE !F SE!)S <8R :E)EF)!8F 8< =88:S &. )he goods were not the propert# of the plaintiff. .. )he goods were detained for a lien to which the defendant was entitled. Particulars are as follows$% &+,?* Aa# 0rd. )o carriage of the goods claimed from '@ahore( to 'Harachi($% 6; maunds at Rs. . per maund Fo. - :E<EFCE !F SE!)S <8R !F<R!F=E 8< C8PQR!=H) &. )he plaintiff is not the author 'assignee etc.(. .. )he "oo1 was not registered. 0. )he defendant did not infringe. F8. +. :E<EFCE !F SE!)S <8R !F<R!F=EAEF) )RA:E AARH
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&. )he trade mar1 is not the plaintiffCs. .. )he alleged trade mar1 is not a trade mar1. 0. )he defendant did not infringe. F8. &,. :E<EFCES !F SE!)S RE@A)!F= )8 FE!SAFCES &. )he plaintiffCs lights are not ancient /or den# his other alleged prescriptive rights. .. )he plaintiffCs lights will not "e materiall# "# the defendantCs "uildings2. 0. )he defendant denies that he or his servants pollute the water /or do what is complained of2. 'if the defendant claims the right "# prescription or otherwise to do what is complained of he must sa# so* and must state the grounds of the claim i.e. whether "# prescription* grant or what2. 6. )he plaintiff has "een guilt# of laches of which the following are particulars$% &-?,. PlaintiffCs mill "egan to wor1. &-?& Plaintiff came into possession. &--0 <irst complaint. ;. As to the plaintiffCs claim for damages the defendant will rel# on the a"ove grounds of defence* and sa#s that the acts complained of have not produced an# damage to the plaintiff. /if other grounds are relied on* the# must "e stated* e.g.* limitation as to post damage.2. F8. !!. :E<EFCE )8 SE!) <8R <8REC@8SERE &. )he defendant did not execute the mortgage. .. )he mortgage was not transferred to the plaintiff 'if more than one transfer is alleged sa# which is denied(. 0. )he suit is "arred "# article SSSSSSof the Second Schedule to the !ndian @imitation Act* &-??. 6. )he following pa#ments have "een made viB.* Rs. '!nsert late( K K &*,,, 'insert date( ... K ;,, ;. )he plaintiff too1 possession on the ofSSSSSSofSSSSS. 7. )hat plaintiff released the de"t on theSSSSSS.
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?. )he defendant transferred all his interest to A. I. "# a document datedSSSSS. F8. &. :E<EFCE )8 SE!) <8R RE:EAP)!8F &. )he plaintiffCs right to redeem is "arred "# articleSSSS of the Second Schedule to the !ndian @imitation Act* &-??. .. )he plaintiff transferred all interest in the propert# to A. I. 0. )he defendant "# a document dated theSSSSda# of transferred all his interest in the mortgaged de"t and propert# comprised in the mortgage to A. I. 6. )he defendant never too1 possession of the mortgaged propert# or received the rents thereof. '!f the defendant admits possession for a time onl#* he should state the time and den# possession "e#ond what he admits(. F8. &0 :E<EFCE )8 SE!) <8R. SPEC!<!C PER<8RAAFCE &. )he defendant did not enter into the agreement. .. A. I. was not the agent of the defendant 'if alleged "# plaintiff(. 0. )he plaintiff has not performed the following conditions%'Conditions( 6. )he defendant did not%'alleged acts of part performance(. ;. )he plaintiffCs title to the propert# agreed to "e sold is not such as the defendant is "ound to accept "# reason of the following matter%'State wh#(. 7. )he agreement is uncertain in the following respects%'State them(. ?. 'or( )he plaintiff has "een guilt# of dela#. -. 'or( )he plaintiff has "een guilt# of fraud 'or misrepresentation(. +. 'or( )he agreement is unfair. &,. 'or( )he agreement was entered into "# mista1e. &&. )he following are particulars of '?(* '-(* '+(* '&,(* 'or as the case ma# "e(. &.. )he agreement was rescinded under conditions of Sale Fo. !! 'or "# mutual agreement(. 'in cases where damages are claimed and the defendant disputes his lia"ilit# to damages he must den# the agreement or the alleged "reaches* or show whatever other ground of defence he intends to rel# on e.g.. the !ndian @imitation Act* accord and satisfaction* release* fraud* etc.( F8. &6 :E<EFCE !F A:A!F!S)RA)!8F SE!) IQ PECEF!ARQ @E=A)EE &. A. I. will contained a charge of de"ts he died insolvent$ he was entitled at his death to some immova"le propert# which the defendant sold and which produced the net sum of
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Rs.SSSS and the testator had some mova"le propert# which the defendant got in* and which produced the net sum of Rs.SSSS. .. )he defendant applied the whole of the said sums and the sum of Rs.SSS which the defendant received from rents of the immova"le propert# in the pa#ment of the funeral and testamentar# expenses and some of the de"ts of the testator. 0. )he defendant made up his accounts and sent a cop# thereof to the plaintiff on the da# ofSSSS&+ * and offered the plaintiff free access to the vouchers to verif# such accounts "ut he declined to avail himself of the defendantCs offer. 6. )he defendant su"mits that the plaintiff ought to pa# the costs of this Suit. F8. &; PR8IA)E 8< W!@@ !F S8@EAF <8RA &. )he said will and codicil of the deceased were not dul# executed according to the provisions of the !ndian Succession Act* &-7; /or of the Hindu Wills Act* &-?,2. .. )he deceased at the time the said will and codicil respectivel# purport to have "een executed* was not of sound mind* memor# and understanding 0. )he execution of the said will and codicil was o"tained "# the fraud of the plaintiff 'and others acting with him whose names are at present un1nown to the defendant2. 6. )he execution of the said will and codicil was o"tained "# the fraud of the plaintiff* such fraud* so far as is within the defendant present 1nowledge* "eing 'state the nature of the fraud2. ;. )he deceased at the time of the execution of the said will 'or of the contents of the residuar# clauses in the said will as the case ma# "e(. 7. )he deceased made his true will* dated the &st Januar# &-?0 there "# appointed the defendant sole executor thereof. )he defendant claim$% '&( that the court will pronounce against the said* will* and codicil propounded "# the plaintiff. '.( that the court will decree pro"ate of the will of the deceased dated the &st Januar#* &-?0* in solemn form of law. F8. &7. PAR)!CE@ARS ')itle of suit(
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Particulars %)he following are the particulars of 'here state the matters in respect of which particulars have "een ordered( delivered pursuant to the order of theSSSSofSSSS. 'here set out the particulars ordered in paragraphs if necessar#( APPEF:!9 I PR8CESS F8. !. SEAA8FS <8R :!SP8SA@ 8< SE!)* ')itle( )o Fame* description and place of residence WHEREAS has instituted a suit against #ou forSSSSSSSS#ou are here"# summoned to appear in this court in person or "# a pleader dul# instructed* and a"le to answer all material 5uestions relating to the suit* or who shall "e accompanied "# some person a"le to answer all such 5uestions* on the da# ofSSS&+ * atSSS 8Ccloc1 in the noon* to answer the claim and as the da# fixed for #our appearance is appointed for the final* disposal of the suit* #ou must "e prepared to produce on that da# all the witnesses upon whose evidence and all the documents upon which #ou intend to rel# in support of #our defence. )a1e notice that* in default of #our appearance on the da# "efore mentioned the suit will "e heard and determined in #our a"sence. =iven under m# hand and the seal of the Court* thisSSSSda# ofSSSS&+ Judge F8)!CE$ Should #ou apprehend #our witnesses will not attend of their own accord* #ou can have a summons from this Court to compel the attendance of an# witness* and the production of an# document that #ou have a right to call upon the witness to produce* on appl#ing to the Court and on depositing the necessar# expenses. .. !f #ou admit the claim* #ou should pa# the mone# into Court together with the costs of the suit to avoid execution of the decree* which ma# "e against #our person or propert# or "oth. S&F:. !nsert the following note in red in1 in forms &* .. 0* ; and 7$% Also ta1e notice that in default of #our filling an address for service on or "efore the date mentioned #ou are lia"le to have #our defence struc1 out.
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F8. .. SEAA8FS <8R SE))@EAEF) 8< !SSEES ')itle( )o 'Fame* description and place of residence( WHEREAS Has instituted a suit against #ou forSSSSS #ou are here"# summoned to appear in this court in person* or "# a pleader dul# instructed* and a"le to answer all material 5uestions relating to the suit* or who shall "e accompanied "# some person a"le to answer all such 5uestions* on the da# ofSSS&+ * atSSS8C cloc1 in the noon* to answer the claim and #ou are directed to produce on that da# all the documents upon which #ou intend to rel# in support of #our defence to file on or "efore that date #our written statement. )a1e notice that* in default of #our appearance on the da# "efore mentioned* the suit will "e heard and determined in #our a"sence. =!DEF under m# hand and the seal of the Court* thisSSSS da#SSSofSSS&+ Judge F8)!CE$ Should #ou apprehend #our witnesses will not attend of their own accord* #ou can have a summons from this Court to compel the attendance of an# witness* and the production of an# document that #ou have a right to call upon the witness to produce* on appl#ing to the Court and on depositing the necessar# expenses. .. !f #ou admit the claim* #ou should pa# the mone# into Court together with the costs of the suit* to avoid execution of the decree* which ma# "e against #our person or propert#* or "oth. S!F: Sea the @ocal Amendment of Sind for <orm Fo ! Appendix I F8. 0 SEAA8FS )8 APPEAR !F PERS8F 'Fame* description and place of residence( )o WHEREAS Has instituted a suit against #ou forSSSS #ou are here"# summoned to appear in this court in person on the SSSS da# of SSS &+ atSSS 8Ccloc1 in SSS noon to answer the claim and #ou are directed to produce on that da# all the documents upon which #ou intend to rel# in support of #our defence.
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=!DEF under m# hand and the seal of the court this da# of SSSS &+ S!F: See the @ocal Amendment of Sind for <orm F8. & Appendix I. F8. 6 SEAA8F !F SEAAARQ SE!) 8F FE=8)!AI@E !FS)REAEF) ')itle( )o* 'Fame* description and place of residence( WHEREAS SSSSS has institute a suit against #ou under 8rder 999D!! of the Code of Civil Procedure* &+,-* for Rs. SSSS "alance of principal and interest due to him as the SSSSS of a SSSSSof which a cop# is hereto annexed* #ou are here"# summoned to o"tain leave from the Court within ten da#s from the service hereof to* appear* and defend the suit* and within such time to cause an appearance to "e entered for #ou. !n default whereof the plaintiff will "e entitled at an# time after the expiration of such ten da#s to o"tain a decree for an# sum not exceeding the sum of Rs.SSSS and the sum of Rs.SSSSS for costs with such interest* if an#* from the date of the institution of the suit as the Court ma# order2. @eave to appear ma# "e o"tained on an application to the Court supported "# affidavit or declaration showing that there is a defence to the suit on the merits or that it is reasona"le that #ou should "e allowed to appear in the suit. =!DEF under m# hand and the seal of the Court* thisSSSSda# ofSSSS&+ Judge F8. ;. F8)!CE )8 PERS8F WH8* )HE C8ER) C8FS!:ERS* SH8E@: IE A::E: AS C8%P@A!F)!<<. ')itle( )o 'Fame* description and place of residence( WHEREASSSSSShas instituted the a"ove suit againstSSSSSSforSSSSSSand whereas it appears necessar# that #ou should "e added as a plaintiff in the said suit in order to ena"le the Court effectuall# and completel# to ad3udicate upon and settle all the 5uestions involved$ )a1e notice that #ou should on or "efore theSSSSda# ofSSS &+* signif# to this Court whether #ou consent to "e so added. =!DEF under m# hand and the seal of the Court* this SSSda# ofSSSSS.
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Judge S!F:. )he @ocal Amendment of Sind for <orm Fo. !* Appendix I. F8. 7. SEAA8FS )8 @E=A@ REPRESEF)A)!DE 8< A :ECEASE: :E<EF:AF) ')itle( )o WHEREAS the plaintiffSSSSSinstituted a suit in this Court onSSSStheSSS da# ofSSS &+ * against the defendant who has since deceased* and whereas the said plaintiff has made an application to this Court alleging that #ou are the legal representative of the said deceased* and desiring that #ou "e made the defendant in his stead. Qou are here"# summoned to attend in this Court on theSSSSda# ofSSSS&+* atSSSSSa.m. to defend the said suit and in default of #our appearance on the da# specified* the said suit will "e heard* and determined in #our a"sence. =!DEF under m# hand and the seal of the Court* thisSSSSda#SSSSof SSS&+ Judge S!F:$ )he @ocal Amendment of Sind for <orm Fo. !. Appendix I. F8 ?. 8R:ER 8R )RAFSA!SS!8F 8< SEAA8FS <8R SERD!CE !F )HE JER!S:!C! !8F 8< AF8)HER C8ER) ')itle( WHEREAS it is stated that SSSSSSSdefendantWwitness in the a"ove suit is at present residing in SSSSS it is ordered that a summons returna"le on theSSSSda# ofSSSS&+ * "e forwarded to theSSSSS court ofSSSSS for serviceSSSSS on the said defendantSSSS witness with a duplicate of this proceeding. )he court%fee ofSSSSS chargea"le in respect to the summons has "een realiBed in this Court in stamps* :ated &+ Judge F8. -. 8R:ERE: <8R )RAFSA!SS!8F 8< SEAA8FS )8 IE SERDE: 8F A PR!S8FER ')itle( )he Superintendent of the Jail atSSSS EF:ER the provisions of 8rder D rule .6 of the Code of Civil Procedure &+,- a summons in duplicate is herewith forwarded for service on the defendant who is a
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prisoner in 3ail. Qou are re5uested to cause a cop# of the said summons to "e served upon the said defendant and to return the original to this Court signed "# the said defendant* with a statement of service endorsed thereon "# #ou. Judge F8. +. 8R:ER <8R )RAFSA!SS!8F 8< SEAA8FS )8 IE SERDE: 8F A PEI@!C SERDAF) 8R S8@:!ER. ')itle( )o EF:ER the provisions of 8rder D* Rule .? 'or .- as the case ma# "e( of the Code of Criminal Procedure* &+,- a summons in duplicate is herewith forwarded for service on the defendantSSS who is stated to "e serving under #ou. Qou are re5uested to cause a cop# of the said summons to "e served upon the* said defendant and to return the original to this Court signed "# the said defendant* with a statement of service endorsed thereon "# #ou. Judge F8. &, )8 ACC8APAFQ RE)ERFS 8< SEAA8FS 8< AF8)HER C8ER) ')itle( Read proceeding from theSSSSS forwarding SSSSSS for service onSSSS in Suit Fo.SSSof &+SS of that Court. Read Serving officerCs endorsement stating that theSSSSS and proof of the a"ove having "een dul# ta1en "# me on the oath of SSS andSSSS it is ordered that the SSSS"e returned to theSSSSwith a cop# of this proceeding. Judge F8)E$ )his from will "e applica"le to process other summons* the service which ma# have to "e effected in the same manner. Fo. && A<<!:AD!) 8< PR8CESS )8 ACC8APAFQ RE)ERF 8< A SEAA8FS 8R F8)!CE ')itle( )he affidavit ofSSSSS son ofSSSSS* !SSSSma1e oathWaffirm and sa# as follows$% '&( ! am a process%server of this Court. '.( 8n the SSS da# of SSSS&+* received a summons notice issued "# the Court of SSS in Suit Fo. SSSof &+ for service on SSSS.
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'0( )he saidSSS was at the time personall# 1nown to me and ! served the said summonsWnotice on himWher on the SSS da# of SSS &+* at a"outSSS 8 cloc1 in the SSS noon atSSSSS "# tendering a cop# thereof to himWher and re5uiring hisWher signature to the original summonsWnotice. 'a( '"( 'a( Here state whether the person served signed or refused to sign the process and in whose presence. '"( Signature of process%server. or '0( )he saidSSSS not "eing personall# 1nown to me SSSSSSS accompanied me toSSS and pointed out to me a person whom he stated to "e the said SSS and ! at a"outSSSS 8 cloc1 in the SS non at SSS "# tendering a cop# thereof to him Wher and re5uiring hisWher signature to the original summonsWnotice. 'a( '"( 'a( Here state whether the person served signed or refused to sign the process and in whose presence. '"( Signature of process%server. 8r '0( )he saidSSSS and the house in which he ordinaril# resides "eing personall# 1nown to me* ! went to the said house* inSSS and thereon the SSS da# of SS &+ at a"outSSS 8 cloc1 in the SSS noon* ! did not find the said. 'a( '"( 'a( Enter full# and exactl# the manner in which the process was served* with special reference to 8rder ; rule &; T &?. '"( Signature of process%server. or. '0( 8neSSS accompanied me to SSS and there pointed out to meSSS which he said was the house in which SSS ordinaril# resides. ! did not find the said SSSS there. 'a( '"( 'a( Enter full# and exactl# the manner in which the process was served* with special reference to 8rder ; rules &; and &?.
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'"( Signature of process%server. or* !f su"stituted service has "een ordered* state full# and exactl# the manner in which the summons was served with special reference to the terms of the order for su"stituted service. SwornWAffirmed "# the saidSSSS "efore me thisSSS da# of SSS &+* Empowered under section &0+ of time Code of Civil Procedure* &+,-* to administer the oath to deponents. @AH8RE Su"stitute the following form as amended$% Fo. !!. A<<!:AD!) 8< PR8CESS%SERDER )8 ACC8APAFQ RE)ERF 8< A SEAA8FS 8R F8)!CE ')itle( )he affidavit ofSSSson of SSSS !* ma1e oath affirm and sa# as follows$% '&( ! am a process%server of this Court. '.( 8n theSSS da# ofSSS &+* ! received summonsWnotice issued "# the Court of of SSSSin Suit Fo. SSSSS da# of SSS &+* in the said Court dated theSSSSS da# of SSSS&+* for service on SSSS. '0( )he said SSS was at the time personall# 1nown to me and ! served the said summonsWnotice on himWher on the SSS da# ofSSSS &+* at a"out SSS o cloc1 in the SSS noon at SSS "# tendering cop# thereof to himWher and re5uiring hisWher signature to the original summonsWnotice. 'a( '"( 'a( Here state whether the person served* signed or refused to sign the process and in whose presence. '"( Signature of process%server. 8r '0( )he said SSS not "eing personall# 1nown to me SSSSSS accompanied to SSS and pointed out to me a person whom he stated to "e the said SSS and ! served the said summonsWnotice on himWherSSS on the SSS da# of SSS &+* at a"outSSSS 8 cloc1 in the SSS noon at SSSS "# tendering cop# thereof to himWher and re5uiring hisWher signature the original summonsWnotice.
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'a( '"( 'a( Here state whether the person served* signed or refused to sign the process and in whose presence. '"( Signature of process%server or '0( )he said SSS and his house in which he ordinaril# resides "eing personall# 1nown to meWpointed out to me "# SSSS ! went to the said house in SSSSSSand there on the SSS da# of SSSS o cloc1 in the foreWafter noon ! did not find the saidSSS ! en5uired a( "( Feigh"ors ! was told that SSSS had goneSSS and would not "e "ac1 tillSSSS Signature of process server. 8r !f su"stituted service has "een ordered* state full# and exactl# the manner in which the summons was served with special reference to the terms of the order for su"stituted service. SSSS "efore me thisSSSS da# of SSS &+* . Empowered under section &0+ of the Code of Civil Procedure &+,- to administer the oath to deponents. F.W.<.P Su"stitute the following for the third and fourth parts of '0( in form Fo. &&$% '0( )he saidSSS and his house in which he ordinaril# resides "eing personall# 1nown to meWpointed out to me ! went to the said house in SSSS and there on the da# of SSS &+* at a"out SSS o cloc1 in the foreWafter noon* ! did not find the saidSSS ! was told that SSS had gone to SSSS and would not "e "ac1 tillSSSS. Signature of Process server F8. &. F8)!CE )8 :E<EF:AF) ')itle(
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WHEREAS this da# was fixed for the hearing of the a"ove Suit and a summons was !ssued to #ou and the plaintiff has appeared !n this Court and #ou did not so appear* "ut from the return of the FaBir it has "een proved to the satisfaction of the Court that the said summons was served on #ou "ut not in sufficient time to ena"le #ou to appear and answer on the da# fixed in the said summons Fotice is here"# given to #ou that the hearing of the suit is ad3ourned this da# and that the da# of &+ is now fixed for the hearing of the same in default of #our appearance on the da# last mentioned the suit will "e heard and determined in #our a"sence. =!DEF under m# hand and the seal of the Court* thisSSSS da#SSS of &+SS Judge Fo. &0 SEAA8FS )8 W!)FESS ')itle( )o WHEREAS #our attendance is re5uired to SSSSS on "ehalf of the SSSS in the a"ove suit* #ou are here"# re5uired 'personall#( to appear this court on the da# SSSofSSS &+ * 8Ccloc1 in the forenoon* and to "ring with #ou 'or to send to this SSS court(. A sum of Rs.SSS "eing #our traveling and other expenses and su"sistence allowance for one da#* is herewith sent. !f #ou fail to compl# with this order without lawful excuse* #ou will "e su"3ect to the conse5uences of non%attendance laid down in rule &. of 8rder 9D! of the Code of Civil Procedure* &+,-. =!DEF under m# hand and the seal of the Court* this SSSda#SSSSofSS&+ Judge F8)!CE$ '&( !f #ou are summoned onl# to produce a document and not to evidence* #ou shall "e deemed to have complied with the summons if #ou cause such document to "e produced in this Court on the da# and hour aforesaid. '.( !f #ou are detained "e#ond the da# aforesaid* a sum of Rs.SSSSS will "e tendered to #ou for each da#Cs attendance "e#ond the da# specified. F8. &6. PR8C@AAA)!8F REJE!R!F= A))EF:AFCE 8< W!)FESS ')itle( )o WHEREAS it appears from the examination on oath of the serving officer that the summons could not "e served upon the Witness in the manner prescri"ed "# law and whereas it appears that the evidence of the witness is material* and he a"sconds and 1eeps out of the wa# for the purpose of evading the service of the summons )his proclamation
.&+
is therefore* under rule to 8rder of the Code of Civil Procedure* &+,-* issued re5uiring the attendance of the witness !n this court on to the da# ofSSS&+ * atSSS8Ccloc1 in the forenoon and from da# to da# until he shall have leave to depart and if the witness fails to attend on the da# and hour aforesaid he will "e dealt with according to law. =!DEF Ender m# hand and the seal of the Court thisSSSSS da#SSSof &+ Judge F8. &; PR8C@AAA)!8F REJE!R!F= A))EF:AFCE 8< W!)FESS ')itle( )o* WHEREAS !t appears from the examination on oath of the serving office that 'he summons has "een dul# served upon the witness* and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such. summons )his proclamation is therefore* under rule &, of 8rder 9D! of the Code of Civil Procedure* &+,-* issued* re5uiring the attendance of the witness in this Court on theSSSS da# ofSSS &+* atSSSS8Ccloc1 in the forenoon and from da# to da# until he shall have leave to depart and if the witness fails to attend on the da# and hour aforesaid he will "e dealt with according to law. =!DEF under m# hand and the seal of the court thisSSSS da# of SSSS &+. F8. &7 WARRAF) 8< A))ACHAEF) 8< PR8PER)Q 8< W!)FESS ')itle( )o )he Iailiff of the Court. WHEREAS the witness SSSSSS cited "#SSSS has not* after the expiration of the period limited in the proclamation issued for his attendance* appeared in Court* #ou are here"# directed to hold under attachment SSSSpropert# "elonging to the said witness to the value of SSSSSand to su"mit a return* accompanied with an inventor# thereof* within SSSda#s. =!DEF under m# hand and the seal of the Court* thisSSSS ofSSS &+ F8. &? WARRAF) 8< ARRES) 8< W!)FESS ')itle( )o )he Iailiff of the Court.
..,
WHEREAS SSSS has "een dul# served with a summons "ut has failed to attend /a"sconds and 1eeps out of the wa# for the purpose of avoiding service of a summons( #ou are here"# ordered to arrest and "ring the said SSSS"efore the Court. Qou are further ordered to return this warrant on or "efore the SSSSda# ofSSS&+ with an endorsement certif#ing the da# on and the manner in which it has "een executed* or the reason wh# it has not "een executed. =!DEF under m# hand and the seal of the Court* this SSSS da# of &+SSS Judge F8. &- WARRAF) 8< C8AA!))A@ ')itle( )o )he 8fficer in charge of the Jail atSSSS. WHEREAS the plaintiff 'or defendant( in the a"ove%named suit has made application to his Court that securit# "e ta1en for the appearance ofSSSS to give evidence 'or to produce a document( on the SSSda# of &+SS and whereas the Court has called upon the said to furnish such securit#* which he has failed to do this is to re5uire #ou to receive the saidSSS into #our custod# in the civil prison and to produce him "efore this Court atSSSon the said da# and on such other da# or da#s as ma# "e hereafter ordered. =!DEF under m# hand and the seal of the Court* thisSSS da# of &+SS. F8. &+. WARRAF) 8< C8AA!))A@ ')itle( )o )he 8fficer in charge of the Jail atSSS. WHEREASSSSS whose attendance is re5uired "efore this court in the a"ove%named case to give evidence 'or to produce a document( has "een arrested and "rought "efore the Court in custod# and whereas owing to the a"sence of the plaintiff 'or defendant( the said cannot give such evidence 'or produce such document( and whereas the Court has called upon the said SSSSto give securit# for his appearance on the SSSda# of &+SS at which he has failed to do this is to re5uire #ou to receive the said into #our custod# in the civil prison and to produce him "efore this Court atSSS on the da# of &+SS. =!DEF under m# hand and the seal of the Court* thisSSSda# of &+SSS. Judge
..&
APPEF:!9 C :!SC8DERQ* !FSPEC)!8F AF: A:A!SS!8F F8.&. 8R:ER <8R :E@!DERQ 8< !F)ERR8=A)8R!ES !n the Court of Civil Suit Fo. SSSS of &+SS. A. I. K K. K. Plaintiff against C.:. E.<. and =. H. K :efendants. Epon hearingSSSS and upon reading the affidavit SSSofSSS filed theSSSda# of &+SS !t is ordered that theSSSS "e at li"ert# to deliver to the interrogatories in writing* and that the saidSSS do answer the interrogatories as prescri"ed "# 8rder 9!* rule -* and that the costs of this application "eSSSS. F8. . !F)ERR8=A)8R!ES ')itle( !nterrogatories on "ehalf of the a"ove%named 'plaintiff or defendant C. :.( for the examination of the a"ove%named 'defendant E.<. and =.H. or plaintiff(. &. :id not* etc. .. Has not* etc. % etc. etc. etc. ')he defendant E. <. is re5uired to answer the interrogatories num"ered(. ')he defendant =.H. is re5uired to answer the interrogatories num"ered(. F8. 0 AFSWER )8 !F)ERR8=A)8R!ES ')itle as in Fo. ! supra( )he answer of the a"ove%named defendant E. <. to the interrogatories for hi examination "# the a"ove%named plaintiff. !n answer to the said interrogatories !* the a"ove named E. <. ma1e oath and sa# as follows$% &. Enter answers to interrogatories in paragraph num"ered. .. consecutivel# 0. ! o"3ect to answer the interrogatories num"eredSSSSon the ground that 'state grounds of o"3ection(.
...
F8. 6. 8R:ER <8R A<<!:AD!) AS )8 :8CEAEF)S ')itle as in Fo. ! supra( Epon hearingSSS do within SSS da#s it is ordered that theSSSdo withinSSSSda#s from the date of this order* answer on affidavit stating which documents are or have "een in his possession or power relating to the matter in 5uestion in this suit* and that the costs of this application "e SSSSS. F8. ; 8R:ER <8R A<<!:AD!) AS )8 :8CEAEF)S ')itle as in Fo. ! supra( !. the a"ove%named defendant C. :. ma1e oath and sa# as follows$% &. ! have in m# possession or power the documents relating to the* matters in 5uestion in this suit set forth in the first and second parts of the first schedule hereto. .. ! o"3ect to produce the said documents set forth in the second part of the first schedule hereto /state grounds of 8"3ection2. 0. ! have had "ut have not now m# possession power the document relating to the matters in 5uestion in this suit set forth in the second schedule hereto. 6. )he last%mentioned were lost in m# possession or power an 'state and what has "ecome of them and in whose possession the# now are2. ;. According to the "est of m# 1nowledge* information and "elief ! have not now* and never had* in m# possession* custod# or power or in the possession* custod# or power of m# pleader or agent* or in the possession* custod# or power of an# other person on m# "ehalf* an# account* "oo1 of account* voucher* receipt* letter memo randum* paper or writing* or an# cop# of or extract from an# such document* or an# other document whatsoever* relating to the matters in 5uestion in this suitor an# of them* or wherein an# entr#* has "een made relative to such matters or an# of them* other than and except the documents set forth in the said first and second schedules hereto. F8. 7 8R:ER )8 PR8:ECE :8CEAEF)S <8R !FSPEC)!8F ')itle as in Fo. ! supra( Epon hearing SSSSS and upon reading the affidavit ofSSS filed theSSS da# ofSSS &+* !t is ordered that the SSSS do at all reasona"le times on reasona"le notice* produce at SSSSsituate atSSSSS the following documents* namel#SSSS and that theSSS "e at li"ert# to inspect and peruse the documents so produced and to ma1e notes of their contents. !n the meantime it is ordered that all further proceedings "e sta#ed and that the costs of this application "e SSS.
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F8 ?. F8)!CE )8 PR8:ECE :8CEAEF)S ')itle as in Fo. ! supra( )a1e notice that the /plaintiff or defendant2 re5uires #ou to produce for his inspection the following documents referred to in #our /plaint or written statement or affidavit* dated theSSS da# of &+SS. /:escri"e documents re5uired2 '9.Q. Pleader for the )o X. Pleader for the F8. - F8)!CE )8 !FSPEC) :8CEAEF)S ')itle as in Fo. ! supra( )a1e notice that #ou can inspect the documents mentioned in #our notice of theSSSda# of&+SSS /except the documents num"eredSSSSin that notice( at /insert place of !nspection( onSSS )hursda# next* theSSS instant "etween the hours of &. and 6 8Ccloc1. 8r* that the /plaintiff of defendant( o"3ects to giving #ou inspection of documents mentioned in #our notice of the SSSS da#SSSS &+* on the ground that 'state the ground($% F8. + F8)!CE )8 A:A!) :8CEAEF)S ')itle as in Fo. ! supra( )a1e notice that the plaintiff 'or defendant( in this suit* proposes to adduce in evidence the several documents hereunder specified* and that the same ma# "e inspected "# the defendant /or plaintiff2* his pleader or agent* atSSSS onSSSSS "etween the SSSShours ofSSSSS and the defendant /or plaintiff( is here"# re5uired within fort#%eight hours from the last mentioned hour to admit. that such of the* said documents* as are specified to "e originals were respectivel# written signed or executed as the# purport respectivel# to have "een * that such as are specified as copies are true copies . and such documents as are stated to have "een served* sent or delivered was so served sent or delivered were so served* sent or delivered* respectivel#* saving all 3ust exceptions to the admissi"ilit# of all such documents as evidence in this suit =. H. Pleader /or agent2 for plaintiff 'or defendant($ )o E. <.* pleader 'or agent for defendant(. 'here descri"e the documents and specif# as to each document whether it is original or a cop#( F8. &,. F8)!CE )8 A:A!) <AC)S ')itle as in Fo. ! supra(
..6
)a1e notice that the plaintiff /or defendant2 in this suit re5uires the defendant /or plaintiff2 to admit* for the purposes of this suits onl#* the several facts respectivel# hereunder specified and the defendant /or plaintiff( is here"# re5uired* within six da#s from the service of this notice* to admit the said several facts* sa#ing all 3ust exceptions to the admissi"ilit# of such facts as evidence in this suit. =. H. pleader /or agent2 for plaintiff 'or defendant( )o E.<* pleader /or agent2 for defendant /or plaintiff2. )he facts* the admission of which is re5uired* are$% &. )hat A died on the &st Januar#* &-+,. .. )hat he died intestate. 0. )hat F was his onl# lawful son. 6. )hat 8 died on the &st April* &++7. ;. )hat 8 was never married. F8. !! A:A!SS8F 8< <AC)S PERSEAF) )8 F8)!CE ')itle as in Fo. & supra( )he defendant 'or plaintiff( in this suit* for the purposes of this suit onl#* hereto admits the several facts respectivel# hereunder specified su"3ect to the 5ualifications or limitations* if an#* hereunder specified* saving all 3ust exceptions to the admissi"ilit# of an# such facts* or an# of them* as evidence in this suit$ Provided that this admission is made for the purposes of this suit onl#* and is not an admission to "e used against the defendant /or plaintiff2 on an# other occasion or "# an# one other than the plaintiff 'or defendant* or part# re5uiring the admission(. E. <. pleader 'or agent( for defendant 'or plaintiff( )o =* H.* pleader /or agent2 for plaintiff /or defendant(.
F8. &. F8)!CE )8 PRC:ECE '=EFERA@ <8RA( ')itle as in Fo. ! supra( )a1e notice that #ou are here"# re5uired to produce and show to the Court at the first hearing of this suit all "oo1s* papers* letters* copies of letters and other writing and
..;
documents. !n #our custod#* possession or power containing an# entr#* memorandum or minute relating to the matters in 5uestion in this Suit* and particularl#. =. H. pleader /or agent2 for plaintiff 'or defendant( )o E. <. pleader /or agent for defendant it 'or plaintiff( APPEF:!9 : :ECREE F8. & :ECREE !F 8R!=!FA@ SE!) ')itle( Claim for SSSS. )his suit coming on this da# for final disposal "eforeSSS in the presenceSSSS for the plaintif and ofSSS for the defendant* it is ordered and decreed thatSSS and that the sum of Rs.SSS "e paid "# the SSS to the SSS on account of the costs of this suit* with interest thereon at the rate of per cent SSS per annum from this date to date of realiBation. =!DEF under m# hand and the seal of the court* this SSS da# of SSS &+ Judge Costs of Suits
F8. .. S!AP@E A8FEQ :ECREE 'Section 06( ')itle( Claim forSSSSS )his suit coming onSSS this da# for final disposal "efore in the presence ofSSS for the plaintiff and ofSSS for the defendant* it is ordered that the SSS do pa# to the SSS the sum of Rs. SSSS with interest thereon at the rate of SSSper cent per annum fromSSS to the date of realiBation of the said sum and do also pa# Rs. SSSS the costs of this suit* with interest thereon at the rate ofSSSS per cent per annum from this date to the date of realiBation.
..7
=!DEF under m# hand and the seal of the Court* thisSSSSS da# of &+ Judge F8. 0 PRE@!A!FARQ :ECREE <8R <8REC@8SERE 8rder 999!D rule* . %%Where accounts are directed to "e ta1en( ')itle( )his suit coming on thisSSSSS da#. etc. !t is here"# ordered and decreed that it "e referred to SSSSas the Commissioner to ta1e the accounts of following$% '&( an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentioned in the plaint 'such interest to "e computed at the rate pa#a"le on the principal or where no such rate is fixed* at six per cent per annum or at such rate as the Court deems reasona"le( 'ii( an account of the income ofC the mortgaged propert# received up to this date "# the plaintiff or "# an# other person "# the order or for the use of the plaintiff or which without the willful default of the plaintiff or such person might have "een so received 'iii( an account of all sums of mone# properl# incurred "# the plaintiff up to this date for* co charges and expenses 'other than the costs of the suit( in respect of the mortgage% securit#* together with interest thereon 'such interest to "e computed at the rate agreed "etween the parties* or* failing such rate at the same rate as is pa#a"le on the principal* or falling "oth such rates* at nine per cent per annum( 'iv( an account of an# loss or damage caused to the mortgaged propert# "efore this date "# an# act or omission of the plaintiff which is destructive of or permanentl# in3urious to* the propert# or "# his failure to perform an# of the duties imposed upon him "# an# law for the time "eing force or "# the terms of the mortgage%deed. .. And it is here"# further ordered and decreed that an# amount received under clause 'ii( or ad3udged due under clause 'iv( a"ove* together with interest thereon* shall first "e ad3usted against an# sums paid "# the plaintiff under clause 'iii( together with interest thereon* and the "alance* if an# shall "e added to the mortgage mone# or* as the case ma# "e* de"ited in reduction of the amount to the plaintiff on account of interest on the principal sum ad3usted due and thereafter in reduction or discharge of the principal. 0. And it is here"# further ordered that the said Commission shall present the amount to this Court with all convenient despatch after ma1ing all 3ust allowances on or "efore theSSS da# ofSSSS and that upon such report of the Commissioner "eing received* it shall "e confirmed and counter signed* su"3ect to such modifications as ma# "e necessar# after consideration of such o"3ections as the parties to the suit ma# ma1e. 6. And it is here"# further ordered and decreed%
..?
'i( that the defendant do pa# into Court on or "efore the da# ofSSSS or an# later date up to which time for pa#ment ma# "e extended "# the Court* such sum as the Court shall find due* and the sum of Rs.SSS for the costs of the suit awarded to the plaintiff. 'ii( that on such pa#ment and on pa#ment thereafter "efore such date as the Court ma# fix of such amount as the Court ma# ad3udge due in respect of such costs of the suit and such costs* charges d expenses as ma# "e pa#a"le under rule together with such su"se5uent !nterest as ma# "e pa#a"le under rule !! of 8rder 999!D of the first schedule to the Code of Civil Procedure* &+,-* the plaintiff shall "ring into Court all documents in his possession or power relating to the mortgaged propert# in the plaint mentioned* and all such documents shall "e delivered over to the defendant* or to such person as he appoints* and the plaintiff shall* if so re5uired* re%conve# or re%transfer the said propert# free from the said mortgage and clear of and from all encum"rances created "# the plaintiff or an# person claiming under him or an# person under whom he claims and free from all lia"ilit# whatsoever arising from the mortgage or this suit and shall if so re5uired* deliver up to 5uiet and peacea"le possession of the said propert#. ;. And it is here"# further ordered and decreed that* in default* of pa#ment as aforesaid* the plaintiff shall "e at li"ert# to appl# to the Court for a final decree that the defendant shall thenceforth stand a"solutel# de"arred and foreclosed of and from all right to redeem the mortgaged propert# descri"ed in the schedule annexed hereto and shall* if so re5uired* deliver up to the plaintiff 5uiet and peacea"le possession of the said propert#* and that the parties shall at li"ert# to appl# to Court from time to time as the# ma# have occasion* and on such application or otherwise the Court ma# give such directions as it thin1s fit. SCHE:E@E F8. 0A. PRE@!A!FARQ :ECREE <8R <8REC@8SERE '8rder 99!D* rule . %Where the Court declares amount due( ')itle( )his suit coming on thisSS da# etc. !t is here"# declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to thisSSS da# ofSSSSas the sum Rs.SSSS for the sum of Rs.SSS for principal* the sum of Rs.SSS for interest on the principal* the sum of Rs. SSS for costs charges and expenses 'other than the costs of the suit propert# incurred "# the plaintiff in respect of the mortgage securit#* together with interest thereon* and the sum of Rs. SSS for the costs of the suit awarded to the plaintiff* ma1ing in all the sum of Rs. SSSS. !t is here"# ordered and decreed as follows$% )hat the defendant do pa# into court on or "efore the SSS da# of SSSS or an# later date up to which time for pa#ment ma# "e extended to the court of the said sum of Rs. SSSS. 'ii( that on such pa#ment and on pa#ment thereafter "efore such date as the Court ma# fix of such amount as the Court ma# ad3udge due in respect of such costs* of the suit and
..-
such costs* charges and expenses as ma# "e pa#a"le under rule &,* together with such su"se5uent !nterest as ma# "e pa#a"le under rule !!.* of 8rder 999!D of the <irst Schedule to Code of the Civil Procedure* &+,-* the plaintiff shall "ring into Court alt documents in his possession or power relating to the mortgaged propert# in the plaint mentioned* and all such documents shall "e delivered over to the defendant* or to such person as he appoints* and the plaintiff shall* if so re5uired* re%conve# or re%transfer the said propert# free from the said mortgage and clear of and from all encum"rances created "# the plaintiff or an# person under whom he claims and free from all lia"ilit# whatsoever arising from the mortgage or this suit and shall if so re5uired* deliver up to the defendant 5uiet and peacea"le possession of the said propert#. 0. And it is here"# further ordered and decreed that in default of pa#ment as aforesaid the plaintiff ma# appl# to the Court for a final decree that the defendant shall thenceforth stand a"solutel# de"arred and foreclosed of and from all right to redeem the mortgaged %propert# in the Schedule annexed hereto and shall if so re5uired* deliver up to the plaintiff 5uiet and peacea"le pos of the said propert# and that the parties shall "e at li"ert# to appl# to the Court from time to time as the ma# have occasion* and on such application or otherwise the Court ma# give such directions as it thin1s fit. SCHE:E@E :escription of the mortgage propert# Fo. 6 <!FA@ :ECREE <8R <8REC@8SERE '8rder 999!D* rule 0( ')itle( Epon reading the preliminar# decree passed in this suit on theSSSS da# ofSSS and further orders 'if an#( dated the SSSS da# ofSSSS and the application of the plaintiff dated the SSSSSS da# ofSSSSS for a final decree and after hearing the parties and it appearing that the pa#ment directed "# the said decree and orders has not "een made "# the defendant or an# person on his "ehalf or an# other person entitled to redeem the said mortgage !t is here"# ordered and decreed that the defendant and all* persons claiming through or under him "e and the# are here"# a"solutel# de"arred and foreclosed of and from all right of redemption of and in the propert# in the aforesaid preliminar# decree mentioned 'if the defendant "e in possession of the said mortgaged propert# that the defendant shall deliver to the plaintiff 5uite and peacea"le possession of the said mortgaged propert#. .. And it is here"# further declared* that the whole of the lia"ilit# whatsoever of the defendant up to this da# arising from the said mortgage mentioned in the plaint or from this suit is here"# discharged and extinguished. Fo ; PRE@!A!FARQ :ECREE <8R SA@E '8rder 999!D* rule 6 %Where accounts are directed to "e ta1en( ')itle(
..+
)his suit coming on this SSSSS da#* etc * it is here"# ordered and decided that it "e referred to SSSSS as the Commissioner to ta1e the accounts following$ 'i( an account of what is due on this date to the plaint for principal and interest on his mortgage mentioned in the plaint 'such interest "e computed at the rate pa#a"le on the principal or where no such rate is fixed* at six per cent. per annum or at such rate as the Court deems reasona"le(
<acts admitted. &. )hat A died on the &st Januar# &-+, .. )hat he died intestate 0. )hat F was his lawful son 6. )hat 8 died ;. )hat 8 was never married. Jualifications or limitations* if an#* su"3ect to which the# are admitted. &. .. 0. Iut not that he was his onl# lawful son. 6. Iut not that he died on the &st April* &-+7 ;. Plaintiff :efendant &. Stamp for plaint .. :o for power 0. :o for exhi"its 6. PleaderCs fee on Rs.
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Code of Civil Procedure 1908

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Code of Civil Procedure, 1908. ACT NO. V OF 1908 [21st Marc 1908!

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