Code of Civil Procedure, 1908

(1) This Act may be cited as he Code of Civil Procedure, 1908.

(2) Commencement and extent. It shall come into force on the first day of January, 1909.

{Subs. by Act 2 of 1951, s.2, for the former clause (3) which had been subs. by the A.O.1950.} [(3) It extends to the whole of India except-

(a) the Tribal Areas in the State of Assam;

(b) save as hereinafter provided, the Scheduled Areas in the State of Madras;

(c) the State of Jammu and Kashmir; and

(d) the State of Manipur:

Provided that sections 36 to 43 and Order XXXIV in the First Schedule shall extend also to the Amindivi Islands {Ins.by the Madras A.O.1954.Amended in the U.P.by U.P.Act 24 of 1954.Amended in Assam by Assam Act 8 of 1953.} [in the State of Madras] and the East Godavari, West Godavari and Visakhapatnam Agencies in the {Subs, by the Madras A.O.1954 for " State of Madras ".} [State of Andhra], and section 48 shall extend also to the said Agencies.]

In this Act, unless there is anything repugnant in the subject or context,-

(1) " Code " includes rules:

(2) " decree " means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 47  or section 144, but shall not include-

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

Explanation.-A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final:

(3) " decree-holder" means any person in whose favor a decree has been passed or an order capable of execution has been made:

(4) "district" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a "District Court "), and includes the local limits of the ordinary original civil jurisdiction of a High Court:

{Subs. by Act 2 of 1951, s.4.} [(5) "foreign Court" means a Court situate outside India and rot established or continued by the authority of the Central Government: ]

(6) " foreign judgment " means the judgment of a foreign Court:

(7) "Government Pleader" includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader:

{Ins.by s.4, ibid.} [(7A) " High Court ", in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta:

(7B) "India", except in sections 1, 29, 43, 44, {Ins.by Act 42 of 1953, s.4 and Sch.III.} [44A,] 78, 79, 32, 83 and 87A, means the territory of India excluding the State of Jammu and Kashmir: ]

(8) "Judge" means the presiding officer of a Civil Court: (9) " judgment " means the statement given by the Judge of the grounds of a decree or order:

(10) " judgment-debtor " means any person against whom a decree has been passed or an order capable of execution has been made:

(11) " legal representative " means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued :

(12) " mesne profits " of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received there from, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession:

(13) "movable property" includes growing crops:

(14) " order " means the formal expression of any decision of a Civil Court which is not a decree:

(15) "pleader" means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court:

(16) " prescribed " means prescribed by rules:

(17) " public officer " means a person falling under any of the following descriptions, namely:-

(a) every Judge;

(b) every member of the Indian Civil Service;

(c) every commissioned or gazetted officer in the military {Subs. by Act 35 of 1934, s.2 and Sch., for " or naval ".} [naval or air] forces of {Subs. by the A.O.1950 for "His Majesty".} [the Union] {The words " including His Majesty's Indian Marine Service " rep.by Act 35 of 1934, s.2.} while serving under the Government;

(d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorized by a Court of Justice to perform any of such duties;

(e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and

(h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty:

 (18) " rules " means rules and forms contained in the First Schedule or made under section 122 or section 125:

 (19) " share in a corporation " shall be deemed to include stock, debenture stock, debentures or bonds: and

(20) " signed ", save in the case of a judgment or decree, includes stamped.

{Cl.(21) which was ins.by the A.O.1950, rep.by Act 2 of 1951, s.4.}

For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.

(1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special Jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force.

(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.

(1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government {The words " with the previous sanction of the G.G.in C." rep. by Act.38 of 1920, s.2 and Sch.I, Pt.I.} may, by notification in the Official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the State Government {The words "with the sanction aforesaid" rep. by s.2 ancl Sch.I, Pt.I, ibid.} may prescribe.

(2) "Revenue Court" in sub-section (1) means a Court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings as being suits or proceedings of a civil nature.

Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.

The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887, {Ins.by Act 4 of 1941, s.2 and Sch.III.} [or under the Berar Small Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes {Subs., ibid., for " under that Act ".} [under the said Act or Law], {Ins.by Act 2 of 1951, s.5.} [or to Courts in Part B States exercising a corresponding jurisdiction] that is to say,-

(a) so much of the body of the Code as relates to-

(i) suits excepted from the cognizance of a Court of Small Causes;

(ii) the execution of decrees in such suits;

(iii) the execution of decrees against immovable property; and

(b) the following sections, that is to say-

section 9,

sections 91 and 92,

sections 94 and 95 {Subs. by Act 1 of 1926, s.3, for "so far as they relate to injunctions and interlocutory orders".} [so far as they authorise or relate to-

(i) orders for the attachment of immovable property,

(ii) injunctions,

(iii) the appointment of a receiver of immovable property, or

(iv) the interlocutory orders referred to in clause (e) of section 94], and sections 96 to 112 and 115.

Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76, 77 and 155 to 158, and by the Presidency Small Cause Courts Act, 1882, 15 of 1882 the provisions in the body of this Code shall not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay:

{Ins.by Act 1 of 1914, s.2.} [Provided that�

(1) the High Courts of Judicature at Fort William, Madras and Bombay, as the case may be, may from time to time, by notification in the Official Gazette, direct{For instance of such direction, see Calcutta Gazette, 1910, Pt.I, p 814.} that any such provisions not inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882,15 of 1882 and with such modifications and adaptations as may be specified in the notification, shall extend to suits or proceedings or any class of suits or proceedings in such Court;

(2) all rules heretofore made by any of the said High Courts under section 9 of the Presidency Small Cause Courts Act, 1882,15 of 1882 shall be deemed to have been validly made.]

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

Explanation.�A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in {Subs. by Act 2 of 1951, s.3, for "the States".} [India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of {Subs. by Act 2 of 1951, s.3, for "the States".} [India] established or continued by {Subs. by the A.O.1937 for "the G.G.in C ".} [the Central Government {The words "or the Crown Representative" rep. by the A.O.1948.}] and having like jurisdiction, or before {Subs. by the A.O.1950 for "His Majesty Council".} [the Supreme Court].

Explanation.�The pendency of a suit in a foreign Court does not preclude the Courts in {Subs. by Act 2 of 1951, s.3, for "the States".} [India] from trying a suit founded on the same cause of action.

No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised' and has been heard and finally decided by such Court.

Explanation I.�The expression " former suit " shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.

Explanation II.�For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.

Explanation III.�The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.

Explanation IV.�Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

Explanation V.�Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.

Explanation VI.-Where persons litigate bona fide in respect of a public 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, be deemed to claim under the persons so litigating.

Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of {Subs. by Act 2 of 1951, s.3, for "the States".} [India] in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in {Subs. by Act 2 of 1951, s.3, for "the States".} [India].

The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment' that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

Every suit shall be instituted in the Court of the lowest grade competent to try it.

Subject to the pecuniary or other limitations prescribed by any law, suits-

(a) for the recovery of immovable property with or without rent or profits,

(b) for the partition of immovable property,

(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,

(d) for the determination of any other right to or interest in immovable property,

(e) for compensation for wrong to immovable property,

(f) for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

Explanation.�In this section " property " means property situate in {Subs. by Act 2 of 1951, s.3, for "the States".} [India].

Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate:

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.

(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect, and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as the property were situate within the local limits of its jurisdiction:

Provided that the suit is one with respect to which the Court competent as regards the nature and value of the suit to exercise jurisdiction.

(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an Appellate or Revisional Court at a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit no reasonable ground for uncertainty as to the Court having jurisdiction with respect thereto and there has been a consequent failure of Justice.

Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.

Illustrations (a) A, residing in Delhi, beats B in Calcutta.B may sue A either in Calcutta or in Delhi.

(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B.B may sue A either in Calcutta or in Delhi.

Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction�

(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

Explanation I.�Where a person has a permanent dwelling at one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence.

Explanation II.�A corporation shall be deemed to carry on business at its sole or principal office in {Subs. by Act 2 of 1951, s.3, for "the States".} [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

Illustrations (a) A is a tradesman in Calcutta.B carries on business in Delhi.B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B carries on business.

(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benares, B and C make a joint promissory note payable on demand and deliver it to A.A may sue B and C at Benares, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi. There C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.

No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.

Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.

(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.

(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.

(3) Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which thereafter tries such suit may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court.

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

(1) Where any party to a suit, appeal or other proceeding pending in a High Court presided over by a single Judge objects to its being heard by him and the Judge is satisfied that there are reasonable grounds for the objection, he shall make a report to the { Subs. by the A.O.1937 for "G.G.in C." } [State Government], {Subs. ibid., for "who".} [which] may, by notification in the Official Gazette transfer such suit, appeal or proceeding to any other High Court:

{Ins., ibid.} [Provided that no suit, appeal or proceeding shall be transferred to a High Court without the consent of the State Government of the State in which that High Court has its principal seat.]

(2) The law applicable to any suit, appeal or proceeding so transferred shall be the law which the Court in which the suit, appeal or proceeding was originally instituted ought to have applied to such case

Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

Where a suit has been duly instituted, a summons may be s issued to the defendant to appear and answer the claim and may be served in manner prescribed.

(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.

(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto.

{ Subs. by Act 2 of 1951, s.6.} [

29. Service of foreign summonses. Summonses and other processes issued by-

(a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or

(b) any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or

(c) any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply, may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.]

30. Power to order discovery and the like. Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,-

(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;

(b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;

(c) order any fact to be proved by affidavit.

The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.

The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may-

(a) issue a warrant for his arrest;

(b) attach and sell his property;

(c) impose a fine upon him not exceeding five hundred rupees;

(d) order him to furnish security for his appearance and in default commit him to the civil prison.

The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.

(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate as the Court deems reasonable on the aggregate sum so adjudged, from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit.

(2) Where such a decree is silent with respect to the payment of further interest on such aggregate sum as aforesaid from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused such interest, and a separate suit therefor shall not lie.

(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.

(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.

(3) The Court may give interest on costs at any rate not exceeding six per cent. per annum, and such interest shall be added to the costs and shall be recoverable as such.

{S.35A was ins.by s.2 of the Civil Procedure (Amendment) Act, 1922 (9 of 1922), which, under section 1 (2) thereof, may be brought into force in any Province by the Provincial Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar.C.P., Assam, Orissa and Madras.} [35A.Compensatory costs in respect of false or vexatious claims or defenses.- (1) If in any suit or other proceeding, not being an appeal, any party objects to the claim or defense on the ground that the claim or defense or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defense is disallowed, abandoned or withdrawn in whole or in part, the Court, if the objection has been taken at the earliest opportunity and if it is satisfied of the justice thereof, may, after recording its reasons for holding such claim or defense to be false or vexatious, make an order for the payment to the objector by the party by whom such claim or defense has been put forward, of costs by way of compensation.

(2) No Court shall make any such order for the payment of an amount exceeding one thousand rupees or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:

Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 9 of 1887 { Ins.by Act 2 of 1951, s.7.} [or under a corresponding law in force in a Part B State] and not being a Court constituted { Subs., ibid., for " under that Act ".} [under such Act or law], are less than two hundred and fifty rupees, the High Court may empower such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees:

Provided, further, that the High Court may limit the amount which any Court or class of Courts is empowered to award as costs under this section.

(3) No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defense made by him.

(4) The amount of any compensation awarded under this section in respect of a false or vexatious claim or defense shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defense.]

The provisions of this Code relating to the execution of decrees shall, so far as they are applicable, be deemed to apply to the execution of orders. Application to orders.

The expression "Court which passed a decree, " or words to that effect, shall, in relation to the execution of decrees unless there is anything repugnant in the subject or context be deemed to include.

(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction the Court of first instance, and

(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it the Court which if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree would have jurisdiction to try such suit.

A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution.

(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court,-

(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or

(b) if such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or

(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or

(d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.

(2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.

Where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.

The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution or where the former Court fails to execute the ame the circumstances attending such failure.

The Court executing a decree sent to it shall have the same powers in execution such decree as if it had been passed by itself. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in execution such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.

Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extend or by any Court established or continued by the authority of the Central Government outside India, may if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.]

The State Government may, by notification in the Official Gazette declare that the decrees of any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of such decrees, may be executed in the State as if they had been passed by Courts in that State.]

(1) Where a certified copy of a decree of any of the superior Courts of {The words "the United Kingdom or " omitted by Act 71 of 1952, s.2.} any reciprocating territory has been filed in a District Court, the decree may be executed in {Subs. by Act 2 of 1951, s.for "the States".} [India] as if it had been passed by the District Court.

(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent if any to which the decree has satisfied or adjusted and such certificate shall for the purposes of proceedings under this section be conclusive proof of the extent of such satisfaction or adjustment.

(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court execution a decree under this section and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within an y of the exceptions specified in clauses (a) to (f) of section 13.

{Subs. by Act 71 of 1952.s.2, for Explanations 1 to 3.} [Explanation 1.- "Reciprocation territory " means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section ; and "superior Courts", with reference to any such territory, means such Courts as may be specified in the said notification.

Explanation 2.- "Decree" with reference to a superior Court means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, bur shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment.]]

So much of the foregoing section of this Part as empowers a Court to sent a decree for execution to another Court shall be construed as empowering a Court in any State to send a decree for execution to any Court established {The words "or continued" rep.by the A.O.1948.} by the authority of the Central Government {Subs. by the A.O.1950 for "in any Indian State".} [outside India] to which the State Government has by notification in the Official Gazette declared this section to apply.]

(1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fir, issue a precept to any other Court which would be competent to execute such decree attach any property belonging to the judgment-debtor and specified in the precept.

(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property 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 by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of the such property.

(1) All question arising between 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 be determined by the Court executing the decree and not by a separate suit.

(2) The Court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under this section as a suit or a suit as a proceeding and may, if necessary, order payment of any additional court-fees.

(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.

Explanation.---- For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed, are parties to the suit.

(1) Where an application to execute a decree not being a decree shall be made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of twelve{ For certain purposes in parts of U.P., read "six"-vide the U.P.Regulation of Agricultural Credit Act, 1940 (U.P 14 of 1940), s.9.} years from-

(a) the date of the decree sought to be executed, or,

(b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree.

(2) Nothing in this section shall be 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 twelve years, where the judgment-debtor has, by fraud or force, prevented the execution of the decree at some time within twelve y ears immediately before the date of the application ; or

(b) to limit or otherwise affect the operation of article {Subs, by Act 34 of 1940, s.3, for "180 of the Second Schedule to the Indian Limitation Act, 1877".} [183 of the First Schedule to the Indian Limitation Act, 1908].9 of 1908.

Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree-holder.

(1) Where a judgment-debtor dies before the decree has been fully satisfied the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.

(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of ; and for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.

Subject to such conditions and limitations as may be prescribed the Court may, on the application of the decree-holder, order execution of the decree-

(a) by delivery of any property specifically decreed ;

(b) by attachment and sale or by sale without attachment of any property ;

(c) by arrest and detention in prison ;

(d) by appointing a receiver ; or

(e) in such other manner as the nature of the relief granted may require :

{194.Ins.by Act 21 of 1936, s.2.} [Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court for reasons recorded in writing, is satisfied-

(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree,-

(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or

(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property, or

(b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same, or

(c) that the decree is for a sum for which the judgment-debtor was bound in fiduciary capacity to account.

Explanation.---- In the calculation of the means of the judgment-debtor for the purposes of clause (b), there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the decree.]

(1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property if the deceased, it may be executed by the attachment and sale of any such property.

(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.

For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree which has come to the hands of the son or other descendant as his legal representative.

Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such estates.

(1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detained.

Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling no dwelling-house shall be entered after sunset and before sunrise:

Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room is which he has reason to believe the judgment-debtor is to be found:

Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, any enter the room for the purpose of making the arrest:

Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him such officer shall at once release him.

(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf.

(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he {Subs. by Act 3 of 1921, s.2, for "will be discharged".} [may be discharged] if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force.

(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court { Subs. by s.2, ibid., for "shall release".} [may release] him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit him to the civil prison in execution of the decree.

Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors.

(1) Every person detained in the civil prison in execution of a decree shall be so detained, -

(a) where the decree is for the payment of a sum of money exceeding fifty rupees, for a period of six months, and,

(b) in any other case for a period of six weeks:

Provided that he shall be released from such detention before the expiration of the said period of six months or six weeks, as the case may be,-

(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or

(ii) on the decree against him being otherwise fully satisfied, or

(iii) on the request of the person on whose application he has been so detained, or

(iv) on the omission by the person, on whose application he has been so detained, to pay subsistence-allowance:

Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the Court.

(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

(1) At any time after a warrant for the arrest of a judgment-Release debtor has been issued the Court may cancel it on the ground of his of serious illness.

(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison.

(3) Where a judgment-debtor has been committed to the civil prison, he may be released there from-

(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or

(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness.

(4) A judgment-debtor released under this section may be rearrested, but the period of his detention in the civil prison shall not in the aggregate exceed that prescribed by section 58.

ATTACHMENT {For amendments to s.60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act 1934 (Pun.7 of 1934), s.35, as amended by Pun. Acts 12 of 1940 and 6 of 1942.}

The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, in money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf:

Provided that the following particulars shall not be liable to such attachment or sale, namely:-

(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;

(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any c]ass of agricultural produce as may have been declared to be free from liability under the provisions of the next following section;

(c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and occupied by him;

(d) books of account,

(e) a mere right to sue for damages;

(f) any right of personal service;

(g) stipends and gratuities allowed to pensioners of the Government, or payable out of any service family pension fund {For such a notification, see Gazette of India, 1909, Pt.I, p.5.} notified in the Official Gazette by {Subs. by the A.O.1937 for " the G.G.in C." } [the Central Government or the State Government] in this behalf, and political pensions;

{Subs. by Act 9 of 1937, s.2, for the former clauses (h) and (i).The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937: see ibid., s.3.} [(h) the wages of labourers and domestic servants, whether payable in money or kind; {The words " and salary, to the extent of the first hundred rupees and one-half the remainder of such salary " rep by Act 5 of 1943, s.2.}

{Subs. by s.2, ibid., for the former clause and proviso.} [(i) salary to the extent of the first hundred rupees and one-half the remainder:

Provided that where such salary is the salary of a servant of the Government or a servant of a railway company or local authority, and the whole or any part of the portion of such salary liable to attachment has been under attachment, whether continuously or intermittently for a total period of twenty-four months, such portion shall be exempt from attachment until the expiry of a further period of twelve months and, where such attachment has been made in execution of one and the same decree, shall be finally exempt from attachment in execution of that decree ;]].

(j) the pay and allowances of persons to whom the {Subs. by the A.O.1937 for "Indian Articles of War apply,'.} [{Subs. by Act 2 of 1951, s.10, for "Indian Army Act, 1911, or the Burma Army Act ".} [Army Act, 1950 ] 46 of 1950.applies], {Ins.by Act 35 of 1934, s.2 and Sch.} [or of persons other than commissioned officers to whom {The words "the Naval Discipline Act as modified try" omitted by the A.O.1950.} the Indian Navy (Discipline) Act, 1934, 34 of 1934.applies];

(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, {" Subs. by Act 9 of 1937, s.2, for "1897" } [1925], 19 of 1925.For the time being applies in so far as they are declared by the said Act not to be liable to attachment;

{Subs. by Act 9 of 1937, s.2, for the original clause. See also footnote 3 on preceding page.} [(l) any allowance forming part of the emoluments of any {Subs. by Act 5 of 1943, s.2, for "public officer".} [servant of the Government] or of any servant of a railway company or local authority which the {Subs. by the A.O.1933 for "G.G.in C."} [appropriate Government] may by notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to {Subs. by Act 5 of 1943, s.2, for "any such officer or servant".} [any such servant] while under suspension ;]

(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;

(n) a right to future maintenance;

(o) any allowance declared by {Subs. by the A.O.1937 for "any law passed under the Indian Councils Act 1861 and 1992'.} [any Indian law] to be exempt from liability to attachment-or sale in execution of decree; and

(p) where the judgment-debtor is a person liable for the payment of land-revenue, any movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue.

{The original Explanation was renumbered Explanation 1 by Act 9 of 1937.s.2.} [Explanation 1].-The particulars mentioned in clauses (g), (h), (i), (j), (1) and (o) are exempt from attachment or sale whether before or after they are actually payable, {Ins.by s.2, ibid. See also footnote 3 on preceding page.} [and in the case of salary other than salary of a {Subs. by Act 5 of 1943, s.2, for "public officer".} [servant of the Government] or a servant of a railway company or local authority the attachable portion thereof is exempt from attachment until it is actually payable].

{Ins.by s.2, ibid. See also footnote 3 on preceding page.} [Explanation 2.-In clauses (h) and (i), "salary" means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (1), derived by a person from his employment whether on duty or on leave.]

{Ins.by the A.O.1937.} [Explanation ,3.-In clause

(l) appropriate Government" means-

(i) as respects any {Subs. by Act 5 of 1943, s.2, for "public officer".} [person] in the service of the Central Government, or any servant of {Subs. by the A.O.1950 for "a Federal Railway".} [a Railway Administration] or of a cantonment authority or of the port authority of a major port, the Central Government.

{C1.(ii) rep. by the A.O.1948.}

(iii) as respects any other {Subs. by Act 5 of 1943, s.2, for "public officer".} [servant of the Government] or a servant of any other {The words "railway or" omitted by the A.O.1950.}local authority, the State Government.]

(2) Nothing in this section shall be deemed-

{The letter and brackets "(a)", the word "or" and cl.(b) rep. by Act 10 of 1914, s.3, and Sch.II.} to exempt houses and other buildings (with the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in execution of decrees for rent of any such house, building, site or land.{The letter and brackets "(a)", the word "or" and cl.(b) rep. by Act 10 of 1914, s.3, and Sch.II.}

{The letter and brackets "(a)", the word "or" and cl.(b) rep. by Act 10 of 1914, s.3, and Sch.II.}

The State Government {The words "with the previous sanction of the G.G.in C." rep. by Act ,8 of 1920.s.2 and Sch., Pt.I.} may, by general or special order published in the Official Gazette, declare that such portion of agricultural produce, or of any class of agricultural produce, as may appear to the State Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in execution of a decree.

(1) No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling house after sunset and before sunrise.

(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.

(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.

(1) Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such property and shall determine any claim thereto and any objection to the attachment thereof shall be the Court of highest grade, or, where there is no difference in grade between such Courts, the Court under whose decree the property was first attached.

(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such decrees.

Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-debtor of any debt, dividend or other be monies contrary to such attachment, shall be void as against all claims enforceable under the attachment.

Explanation-For the purposes of this section, claims enforceable under an attachment include claims for the rateable distribution of assets.

Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.

(1) No suit shall be maintained against any person claiming title under a purchase certified by the Court in such manner as may be prescribed on the ground that the purchase was made on behalf of the plaintiff or on behalf of some one through whom the plaintiff claims.

(2) Nothing in this section shall bar a suit to obtain a declaration that the name of any purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere with the right of a third person to proceed against that property, though ostensibly sold to the certified purchaser, on the ground that it is liable to satisfy a claim of such third person against the real owner.

{The original s.67 was renumbered as sub-section (1) of that section by Act 1 of 1914, s.3.} [(1)] The State Government {The words " with the previous sanction of the G.G.in C." rep. by Ac 38 of 1920, s.2 and Sch.I, Pt.I.} may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interests are so uncertain or undetermined as, in the opinion of the State Government, to make it impossible to fix their value.

{Ins.by Act 1 of 1914, s.3.} [(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of land in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette, declare such rules to be in force, or may, {The words " with the previous sanction of the G.G.in C." rep. by Ac 38 of 1920, s.2 and Sch.I, Pt.I.} by a like notification, modify the same.

Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so continued or modified.]

The State Government may {The words " with the previous sanction of the G.G.in C." rep. by Ac 38 of 1920, s.2 and Sch.I, Pt.I.} declare, by notification in the Official Gazette, that in any local area the execution of decrees in cases in which a Court has ordered any immovable property to be sold, or the execution of any particular kind of such decrees, or the execution of decrees ordering the sale of any particular kind of or interest in, immovable property, shall be transferred to the Collector.

The provisions set forth in the Third Schedule shall apply to all cases in which the execution of a decree has been transferred under the last preceding section.

(1) The State Government may make 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 subordinates in executing the same, and for retransmitting the decree from the Collector to the Court;

(b) conferring upon the Collector or any gazetted subordinate of the Collector all or any of the powers which the Court might exercise in the execution of the decree if the execution thereof had not been transferred to the Collector;

(c) providing for orders made by the Collector or any gazetted subordinate of the Collector, or orders made on appeal with respect to such orders, being subject to appeal to, and revision by, superior revenue-authorities as nearly as may be as the orders made by the Court, or orders made on appeal with respect to such orders, would be subject to appeal to, and revision by, Appellate or Revisional Courts under this Code or other law for the time being in force if the decree had not been transferred to the Collector.

(2) Jurisdiction of Civil Courts barred.- A power conferred by rules made under sub-section (1) upon the Collector or any gazetted subordinate of the Collector, or upon any appellate or revisional authority, shall not be exercisable by the Court or by any Court in exercise of any appellate or revisional jurisdiction which it has with respect to decrees or orders of the Court.

In executing a decree transferred to the Collector under section 68 the Collector and his subordinates shall be deemed to be acting judicially.

(1) Where in any local area in which no declaration under section 68 is in force the property attached consists of land or of a share in land, and the Collector represents to the Court that the public sale of the land or share is objectionable and that satisfaction of the decree may be made within a reasonable period by a temporary alienation of the land or share, the Court may authorize the Collector to provide for such satisfaction in the manner recommended by him instead of proceeding to a sale of the land or share.

(2) In every such case the provisions of sections 69 to 71 and of any rules made in pursuance thereof shall apply so far as they are applicable.

(1) Where assets are held by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the execution of decrees for the payment of money passed against the same judgment-debtor and have not obtained satisfaction thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such persons:

Provided as follows: -

(a) where any property is sold subject to a mortgage or charge, the mortgagee or incumbrancer shall not be entitled to share in any surplus arising from such sale;

(b) where any property liable to be sold in execution of a decree is subject to a mortgage or charge, the Court may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the property sold;

(c) where any immovable property is sold in execution of a decree ordering its sale for the discharge of an incumbrance thereon, the proceeds of sale shall be applied-

first, in defraying the expenses of the sale;

secondly, in discharging the amount due under the decree;

thirdly, in discharging the interest and principal monies due on subsequent incumbrances (if any); and

fourthly, rateably among the holders of decrees for the payment of money against the judgment-debtor, who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution of such decrees, and have not obtained satisfaction thereof.

(2) Where all or any of the assets liable to be rateably distributed under this section are paid to a person not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets.

(3) Nothing in this section affects any right of the Government.

Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.

Subject to such conditions and limitations as may be prescribed, the Court may issue a commission-

(a) to examine any person;

(b) to make a local investigation;

(c) to examine or adjust accounts; or

(d) to make a partition.

(1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a State other than the State in which the Court of issue is situate and having jurisdiction in the place in which the person to be examined resides.

(2) Every Court receiving a commission for the examination of any person under sub-section (1) shall examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly executed, shall be returned together with the evidence taken under it to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order.

In lieu of issuing a commission the Court may issue a letter to examine a witness residing at any place not within {Subs. by Act 2 of 1951, s.3, for "the States".} [India].

{Subs. by s.11, ibid., for the former section.} [78.Commissions issued by foreign Courts.- Subject to such conditions and limitations as may be prescribed, the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of-

(a) Courts situate in any part of India to which the provisions of this Code do not extend; or

(b) Courts established or continued by the authority of the Central Government outside India; or

(c) Courts of any State or country outside India.]

No suit shall be {Subs. by the A.O.1946 for "instituted against the Crown".} [instituted against the Government] or Notice. against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been {Subs. by the A.O.1937 for "in the case of the Secretary of State in Council, delivered to, or left at the office of, a Secretary to the L.G.or the Collector of the district ".} [delivered to, or left at the office of-

(a) in the case of a suit against the Central Government, {Ins.by Act 6 of 1948, s.2.} [except where it relates to a railway], a Secretary to that Government;

{Ins.as cl.(aa) by s.2, ibid.}[ {(aa) relettered (b) by the A.O.1948.} [(b)] in the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway ;]

{The former cl.(b) rep., ibid.}

(c) in the case of a suit against a State Government, a Secretary to that Government or the Collector of the district; {The word "and" and cl.(d) rep., ibid.}

{The word "and" and cl.(d) rep., ibid.}

and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or deft.

In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity-

(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,

(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.

(1) {Subs. by Act 32 of 1949, s.2, for certain former words.} [Where in a suit by or against the Government, or by or against a public officer in respect of any such act as aforesaid, a decree is passed against {Subs. by the A.O.1950 for "the Dominion of India".} [the Union of India] or a State or, as the case may be, the public officer], a time shall be specified in the decree within which it shall be satisfied; and, if the decree is not satisfied within the time so specified, the Court shall report the case for the orders of the State Government.

(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of such report.

{Ins.by Act 32 of 1949, s.2.} [(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in relation to a decree, if the order or award-

(a) is passed or made against 1[the Union of India] or a State or a public officer in respect of any such act as aforesaid, whether by a Court or by any other authority, and

(b) is capable of being executed under the provisions of this Code or of any other law for the time being in force as if it were a decree.]

{ The new ss.33 to 37B were subs. by Act 2 of 1951, s.12, for the former ss.33 to 37.}

Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such Court.

Explanation.�� Every person residing in a foreign country, the Government of which is at war with India and carrying on business in that country without a license in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.

A foreign State may sue in any competent Court:

Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity.

(1) The Central Government may, at the request of the Ruler by of a foreign State or at the request of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by ;e order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler.

(2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler.

(3) A person appointed under this section may authorize or appoint any other persons to make appearances and applications and do acts in any such suit or suits: as if he were himself a party thereto.

(1) No Ruler of a foreign State may be sues in any Court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a Secretary to that Government:

Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid a Ruler from whom he holds or claims to hold the property.

(2) Such consent may be given with respect to a specified suit or to several specified suits or with respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the Court in which the Ruler may be sued, but it shall not be given, unless it appears to the Central Government that the Ruler-

(a) has instituted a suit in the Court against the person desiring to sue him, or

(b) by himself or another, trades within the local limits of the jurisdiction of the Court, or

(c) is in possession of immovable property situate within those limits and is to be sued with reference to such property or for money charged thereon, or

(d) has expressly or impliedly waived the privilege accorded to him by this section.

(3) No Ruler of a foreign State shall be arrested under this Code and, except with the consent of the Central Government certified in writing by a Secretary to that Government, no decree shall be executed against the property of any such Ruler.

(4) The preceding provisions of this section shall apply in relation to�

(a) any Ambassador or Envoy of a foreign State;

(b) any High Commissioner of a Commonwealth country; and

(c) any such member of tile state or retinue of the Ruler, Ambassador or Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government may, by general or special order, specify in this behalf, as they apply in relation to the Ruler of a foreign State.

The Ruler of a foreign State may sue, and shall be sued, the name of his State:

Provided that in giving the consent referred to in section 86, the Central Government may direct that the Ruler may be sued in the name of an agent or in any other name.

(1) In this Part,-

(a) "foreign State" means any State outside India which has been recognized by the Central Government; and

(b) " Ruler ", in relation to a foreign State, means the person who is for the time being recognized by the Central Government to be the head of that State.

(2) Every Court shall take judicial notice of the fact-

(a) that a State has or has not been recognized by the Central Government;

(b) that a person has or has not been recognized by the Central Government to be the head of a State.

(1) The provisions of section 85 and of sub-sections (1) end (3) of section 86 shall apply in relation to the Rulers of any former Indian State as they apply in relation to the Ruler of a foreign State.

(2) In this section-

(a) " former Indian State " means any such Indian State as the Central Government may, by notification in the Official Gazette, specify for the purposes of this section; and

(b) " Ruler ", in relation to a former Indian State, means the person who, for the time being, is recognized by the President as the Ruler of that State for the purposes of the Constitution. I

Where two or more persons claim adversely to one another the same debt, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:

Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.

Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.

(1) In the case of a public nuisance the Advocate General or two or more persons having obtained the consent in writing of the Advocate General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the case.

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate General, or two or more persons having an interest in the trust and having obtained the consent in writing of the Advocate General, may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate, to obtain a decree-

(a) removing any trustee;

(b) appointing a new trustee;

(c) vesting any property in a trustee;

(d) directing accounts and inquiries;

(e) declaring what proportion of the trust-property or of the interest therein shall be allocated to any particular object of the trust;

(f) authorizing the whole or any part of the trust-property to be let, sold, mortgaged or exchanged;

(g) settling a scheme; or

(h) granting such further or other relief as the nature of the case may require.

(2) Save as provided by the Religious Endowments Act, 1863, 20 of 1863.{Ins.by Act 2 of 1951, s.13.} [or by any corresponding law in force in a Part B State], no suit claiming any of the relief's specified in sub-section (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that sub-section.

The powers conferred by sections 91 and 92 on the Advocate General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behaviour.

In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,-

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison ;

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison ankle order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last receding section, -

(a) it appears to the Court that such arrest, attachment or injunction was and for on insufficient grounds, or

(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable ground for instituting the same, the defendant may apply to the Court, and the Court may, upon such application, award against the plaintiff by its order such amount, not exceeding one thousand rupees, as it deems a reasonable compensation to the defendant for the expense or injury caused to him:

Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction.

(2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction.

(1) Save where otherwise expressly provided in the body AP of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.

(2) An appeal may lie from an original decree passed ex parse.

(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.

(1) Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the majority (if any) of such Judges.

(2) Where there is no such majority which concurs in a judgment varying or reversing the decree appealed from, such decree shall be confirmed:

Provided that where the Bench hearing the appeal is composed of two Judges belonging to a Court consisting of more than two Judges, and the Judges composing the Bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard the appeal, including those who first heard it.

{Ins.by Act 18 of 1928, s.2 and Sch.I.} [(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters patent of any High Court.]

No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit. not affecting the merits of the case or the jurisdiction of the Court.

(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to a High Court, on any of the following grounds, namely:-

(a) the decision being contrary to law or to some usage having the force of law;

(b) the decision having failed to determine some material issue of law or usage having the force of law;

(c) a substantial error or defect in the procedure provided by this Code or by any other law for the time being in force, which may possibly have produced error or defect in the decision of the case upon the merits.

(2) An appeal may lie under this section from an appellate decree passed ex parse.

No second appeal shall lie except on the grounds mentioned in section 100.

No second appeal shall lie in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed five hundred rupees.

In any second appeal, the High Court may, if the evidence P, on the record is sufficient, deter-mine any issue of fact necessary for the disposal of the appeal {Subs. by Act 6 of 1926, s.2, for "but not determined by the lower Appellate Court ".} [which has not been determined by the lower Appellate Court or which has been wrongly determined by such Court by reason of any illegality, omission, error or defect such as is referred to in sub-section (1) of section 100].

(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:-

{Cls.(a) to (f) rep. by Act 10 of 1940, s.49 and Sch.III.}

{Ins.by Act 9 of 1922, s, 3.See also fool, note to s.35A, supra.} [(ff) an order under section 35A ;]

(g) an order under section 95;

(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree;

(i) any order made under rules from which an appeal is expressly allowed by rules:

{Ins.by Act 9 of 1922, s, 3.See also fool, note to s.35A, supra.} [Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.]

(2) No appeal shall lie from any order passed in appeal under this section.

(1) Save as otherwise expressly provided, no appeal shall die from any order made by a Court in the exercise of its original or appellate jurisdiction; but, where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground cf objection in the memorandum of appeal.

(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of remand made after the commencement of this Code from which an appeal lies does not appeal there from, he shall thereafter be precluded from disputing its correctness.

Where an appeal from any 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 by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.

(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power-

(a) to determine a case finally;

(b) to remand a case;

(c) to frame issues and refer them for trial;

(d) to take additional evidence or to require such evidence to be taken.

(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.

The provisions of this Part relating to appeals from original decrees shall], so far as may be, apply to appeals-

(a) from appellate decrees, and

(b) from orders made under this Code or under any special] or local law in which a different procedure is not provided.

{Subs. by the A.O.1950 for " Subject to such rules ".} [Subject to the provisions in Chapter IV of Part V of the Constitution and such rules] as may, from time to time, be made by {Subs., ibid., for "His Majesty in Council".} [the Supreme Court] regarding appeals from the Courts of {Subs. by Act 2 of 1951, s.3, for "the States".} [India], and to the provisions hereinafter contained, an appeal shall lie to [the Supreme Court]-

(a) from any {Subs., ibid., for "decree or final order".} [ judgment, decree or final order] passed on appeal by a High Court or by any other Court of final appellate jurisdiction;

(b) from any decree or final order passed by a High Court in the exercise of original civil jurisdiction; and

(c) from any decree or order, when the case, as hereinafter provided, is certified to be a fit one for appeal to 250[the Supreme Court].

n each of the cases mentioned in clauses (a) and (b) of vc section 109, the amount or value of the subject-matter of the suit in the Court of first instance must be {Subs., ibid., for "ten thousand"} [twenty thousand! rupees or upwards, and the amount or value of the subject-matter in dispute on appeal to {Subs. by the A.O.1950 for "His Majesty in Council".} [the Supreme Court] must be the same sum or upwards, or the {Subs., ibid., for "decree or final order".} [judgment, decree or final order] must involve, directly or indirectly, some claim or question to or respecting property of like amount or value, and where the {Subs., ibid., for "decree or final order".} [judgment, decree or final order] appealed from affirms the decision of the Court immediately below the Court passing such {Subs., ibid., for "decree or final order".} [judgment, decree or final order], the appeal must involve some substantial question of law.

112.Savings.- {Subs., ibid., for the former sub-section (1).} [(1) Nothing contained in this Code shall be deemed-

(a) to affect the powers of the Supreme Court under Article 136 or any other provision of the Constitution, or

(b) to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals to that Court, or their conduct before that Court.]

(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction, or to appeals from orders and decrees of Prize Courts.

Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit:

{Added by Act 24 of 1951, s.2.} [Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.

Explanation.-In this section, " Regulation" means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of a State.]

Subject as aforesaid, any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed by this Code' or

(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit

The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit.

This Part applies only to High Courts { Subs. by the A.O.1950 for " which are, or may hereafter be, constituted by His Majesty by Letters Patent ".} [for Part A States] Pa {Ins.by Act 2 of 1951, s.14.} [and Part B States].

Save as provided in this Part or in Part X or in rules, the A]: provisions of this Code shall apply to such High Courts.

Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should he be executed before the amount of the costs: incurred in the suit can ask be ascertained by taxation, the Court may order that the decree shall be 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 may be executed as soon as the amount of the costs shall be ascertained by taxation.

Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakils and attorneys.

(1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, section, 16, 17 and 20.

{Sub-section (2) rep.by Act 3 of 1909, s.127 and Sch.III.}

The rules in the First Schedule shall have erect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part

{Subs. by the A.O.1950 for "Courts which are High Courts for the purposes of the Government of India Act, 1935 ".} [High Courts for Part A States] { Ins.by Act 2 of 1951, s.15.} [and Part States] {The words "and the Chief Court of Lower Burma" rep.by Act 11 of 1923, s.3 and Sch.II.} may, from time to time after previous publication, makes. rules regulating their own procedure and the procedure the Civil Courts subject to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.

(1) A Committee, to be called the Rule Committee, shall be constituted at {Subs. by Act 13 of l909, s.2 and Sch., for "each of the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon ".} [the town which is the usual place of sitting of each of the High Courts {The words "and of the Chief Court" rep.by Act 11 of 1923, s.3 and Sch.II.These words were again ins.by Act 32 of 1925 and subsequently rep.by the A.O.1948.} referred to in section 122].

(2) Each such Committee shall consist of the following persons, namely:-

(a) three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or {The words "(in Burma)" rep.by Act 11 of 1923, s.3 and Sch.II.} a Divisional Judge for three years,

{Subs. by Act 2 of 1951, s.16.for the original clauses (b) and (c).} [(b) two legal practitioners enrolled in that Court.]

{Clauses (d) and (e) were relettered as (c) and (d) respectively, ibid} [(c)] a Judge of a Civil Court subordinate to the High and Court,

{Clauses (d) and (e) were relettered as (c) and (d) respectively, ibid} [(d)] in the towns of Calcutta, Madras and Bombay, an attorney

(3) The members of each such Committee shall be appointed by the Chief Justice or Chief Judge, who shall also nominate one of their number to be President:

Provided that, if the Chief Justice or Chief Judge elects to be himself a member of a Committee, the number of other Judges appointed to be members shall be two, and the Chief Justice or Chief Judge shall be the President of the Committee

(4) Each member of any such Committee shall hold office for such period as may be prescribed by the Chief Justice or Chief Judge in this behalf; and whenever any member retires, resigns, dies or ceases to reside in the State in which the Committee was constituted, or becomes incapable of acting as a member of the Committee, the said Chief Justice or Chief Judge may appoint another person to be a

member in his stead.

(5) There shall be a Secretary to each such Committee, who shall be appointed by the Chief Justice or Chief Judge and shall receive such remuneration as may be provided in this behalf {Subs. by the A.O.1937 for "by the G.G.in C.or by the L.G., as the case may he ".} [by the State Government].

Every Rule Committee shall make a report to the High Court-t c, established at the town at which it is constituted on any proposal H to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration.

High Courts, other than the Courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions {Subs. by Act 38 of 1920, s.2 and Sch.I, for "as the G.G.in C.may determine ".} [as {Subs. by the A.O.1937 for r in the case of the Court of the Judicial Commissioner of Coorg, the G.C.in C., alla, iM other cases the L.G."} [the State Governmental may it determine]:

Provided that any such High Court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other High Court.

Subs. by the A.O.1937 for the former section.}

Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the Court whose procedure the rules regulate is situate or, if that Court is not situate in any State, to the previous approval of the Central Government.]p

Rules so made and {Subs. by Act 24 of 1917, s.2 and Sch.I, for "sanctioned".} [approved] shall be published in the {Subs. by the A.O.1937 for "Gazette of India or in the local official] Gazette, as the case may be ".Strictly the substitution would read " Official Gazette or in the Official Gazette, as the case may he ", but the ]atter words have been omitted as being redundant.} [Official Gazette], and shall from the date of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule.

(1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts.

(2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely:-

(a) the service of summonses, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service;

(b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale;

(c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction;

(d) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts;

(e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not; (f) summary procedure-

(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising-

on a contract express or implied; or on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only; or on a trust; or

(ii) in suits for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forfeiture for non-payment of rent, or against persons claiming under such tenant;

(g) procedure by way of originating summons;

(h) consolidation of suits, appeals and other proceedings;

(i) delegation to any Registrar, Prothonotary or Master or other official of the Court of any judicial, quasi-judicial and non-judicial duties; and

(j) all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of Civil] Courts.

Notwithstanding anything in this Code, any High Court {Subs. by the A.O.1950 for "constituted by His Majesty by Letters Patent".} [for a Part A State] {Ins.by Act 2 of 1951, s.17.} [or a Part B State] may make such rules not inconsistent with the Letters Patent {Ins.by the A.O.1950.} [or order] [or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.

{Subs. by the A.O.1937 for the former section.}

A High Court {Subs. by the A.O.1950 for "not constituted by His Majesty by Letters Patent ".} [not being a High Court to which section 129 applies] may, with the previous approval of the State Government, make with respect to any matter other than procedure any rule which a High Court {Subs., ibid., for "so constituted".} [ for a Part A State]

might under {.Subs, ibid., for " section 224 of the Government of India Act, 1935 ".} [Article 227 of the Constitution] make with respect to any such matter for any part of the territories under its jurisdiction which is not included within the limits of a presidency-town.]

Rules made in accordance with section 129 or section 130 shall be published in the {Subs. by the A.O.1937 for " Gazette of India or in the local official Gazette. as the case may be ".Strictly the substitution would read " Official Gazette or in the Official Gazette, as the case may be ", but the latter words have been omitted as being redundant.} [Official Gazette] and shall from the date of publication or from such other date as may be specified have the force of law.

(1) Women who, according to the customs and manners of l the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court.

(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code.

(1) The State Government may, by notification in the Official Gazette, exempt from personal appearance in Court any person whose rank, in the opinion of such Government, entitles him to -the privilege of exemption.

(2) The names and residences of the persons so exempted shall, from time to time, be forwarded to the High Court by the State Government and a list of such persons shall be kept in such Court, and a list of such persons as reside within the local limits of the jurisdiction of each Court subordinate to the High Court shall be kept in such subordinate Court.

(3) Where any person so exempted claims the privilege of such exemption, and it is consequently necessary to examine him by commission, he shall pay the costs of that commission, unless the party requiring his evidence pays such costs.

The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code.

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or, returning from, his Court.

(2) Where any matter is pending before a tribunal having jurisdiction therein. or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.

(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.

{S.135A ins.by Act 23 of 1925, s.3.}

(1) No person shall be liable to arrest or detention in i" prison under civil process-

{Subs. by the A.O.1937 for the former clause.}

[(a) if he is a member of a unicameral Legislature or of either {Subs. by the A.O.1950 for " Chamber ".} [House] of a bicameral Legislature.{Subs., ibid., for "constituted under the Government of India Act, 1935"} [continued or constituted under the Constitution], during the continuance c,; of any meeting of such Legislature or {Subs. by the A.O.1950 for " Chamber ".} [House] ;]

(b) if he is a member of any committee of such { Subs. by the A.O.1937 for " Chamber or Council ".} [Legislature or {Subs. by the A.O.1950 for " Chamber ".} [House]], during the continuance of any meeting of such committee;

{Subs. by the A.O.1937 for the original clause.} [(C) if he is member of either {Subs. by the A.O.1950 for " Chamber ".} [House] of such a bicameral Legislature, during the continuance of a joint sitting, meeting, conference or joint committee of the {Subs., ibid., for "Chambers".} [Houses] of that Legislature ;]

and during the fourteen days before and after such meeting or sitting.

(2) A person released from detention under sub-section (1) shall, subject to the provisions of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).]

(1) Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to the execution of decrees, and such ,s person resides or such property is situate outside the local limits of the jurisdiction of the Court to which the application is made, the Court may, in its discretion, issue a warrant of arrest or make an order of attachment, and send to the District Court within the local limits of whose jurisdiction such person or property resides or is situate a copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.

(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or made such warrant or order of the arrest or attachment.

(3) The Court making an arrest under this section shall send the person arrested to the Court by which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he should not be sent to the latter Court, or unless he furnishes sufficient security for his appearance before the latter Court or for satisfying any decree that may be passed against him by that Court, in either of which cases the Court making the arrest shall release him.

(4) Where a person to be arrested or movable property to be attached under this section is within the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in Bengal or at Madras or at Bombay, {'The words "or of the Chief Court of Lower Burma" by the A.O.1937.} the copy of the warrant of arrest or of the order of attachment, and the probable amount of the costs of the arrest or attachment, shall be sent to the Court of Small Causes of Calcutta, Madras {.Subs. by the A.O.1937 for "Bombay or Rangoon".} [or Bombay], as the case may be, and that Court, on receipt of the copy and amount, shall proceed as if it were the District Court.

(1) The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of such subordinate Court until the State Government otherwise directs.

(2) The State Government may declare what shall be the language of any such Court and in what character applications to and proceedings in such Courts shall be written.

(3) Where this Code requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.

{ For s.138, as applicable to Assam, see the Civil Procedure (Assam Amendrnent) Act, i 941 (Assam 2 of 1941), s.2.}

(1) The { Subs. by Act 4 of 1914, s.2 and Sch., Pt.I, for "L.G."} [High Court] may, by notification in the Official: Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken clown by him in the i English language and in manner prescribed.

(2) Where a Judge is prevented by any sufficient reason from complying with a direction under sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his dictation in open Court.

In the case of any affidavit under this Code-

(a) any Court or Magistrate, or a

(b) any officer or` other person whom a High Court may appoint to in this behalf, or

(c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf,

may administer the oath to the deponent.

(1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance. in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly.

(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.

The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.

All orders and notices served on or given to any person under the provisions of this Code shall be in writing.

Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made:

Provided that the State Government {The words " with the previous sanction of the G.G.in C." rep by Act 38 of 1920, s.2 and Sch.I.Pt.I.} may remit such postage, or fee, or both, or may prescribe a scale of court-fees to be levied in lieu thereof.

(1) Where and in so far as a decree is varied or reversed, the Court of first instance shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or such part thereof as has been varied or reversed; and, for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and-mesne profits, which are properly consequential on such variation or reversal.

(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).

Where any person has become liable as surety-

(a) for the performance of any decree or any part thereof, or

(b) for the restitution of any property taken in execution of a decree, or

(c) for the payment of any money, or for the fulfillment of any condition imposed on any person, under an order of the Court in any suit or in any proceeding consequent thereon, the decree or order may be executed against him, to the extent to which he has rendered himself personally liable, in the manner herein provided for the execution of decrees, and such person shall, for the purposes of appeal, be deemed a party within the meaning of section 47:

Provided that such notice as the Court in each case thinks sufficient has been given to the surety.

Save as otherwise provided by this Code or by any law for P the time being in force, where any proceeding may be taken or by application made by or against any person, then the proceeding may t be taken or the application may be made by or against any person claiming under him.

In all suits to which any person under disability is a party any consent or agreement, as to any proceeding shall, if given or made, with the express leave of the Court by the next friend or guardian for u the suit, have the same force and effect as if such person, were under f] no disability and had given such consent or made such agreement.

Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in ' its discretion, from time to time, enlarge such period, even though the period originally fixed or granted may have expired.

Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow, the person, by whom such fee is payable, to pay the whole or part as the case may be, of such court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.

Save as otherwise provided, where the business of any Court' is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.

Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court

Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties

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

Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred under Act 8 of 1859 or under any Code of Civil Procedure or any Act amending the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered there by in such behalf.

In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter or section of Act 8 of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or r lee.

ORDER I

RULES 1.Who may be joined as plaintiffs.

2.Power of Court to order separate trials.

3.Who may be joined as defendants.

4.Court may give judgment for or against one or more of joint parties.

5.Defendant need not be interested in all the relief claimed.

6.Joiner of parties liable on same contract.

7.When plaintiff in doubt from whom redress is to be sought.

8.One person may sue or defend on behalf of all in same interest.

9.Misjoinder and nonjoinder.

10.Suit in name of wrong plaintiff. Court may strike out or add parties. Where defendant added, plaint to be amended.

11.Conduct of suit.

12.Appearance of one of several plaintiffs or defendants for others.

13.Objections as to nonjoinder or misJoinder.

ORDER II

2.Suit to include the whole claim. Relinquishment of part of claim. Omission to sue for one of several reliefs.

3.Joinder of causes of action.

4.Only certain claims to be joined for recovery of immovable property.

5.Claims by or against executor, administrator or heir.

6.Power of Court to order separate trials.

7.Objections as to misjoinder

ORDER III

RULES 1.Appearances, etc., may be in person, by recognized agent or by pleader.

2.Recognised agents.

3.Service of process on recognized agent.

4.Appointment of pleader.

5.Service of process on pleader.

6.Agent to accept service. Appointment to be in writing and to be filed in Court.

ORDER IV

1.Suit to be commenced by plaint.

2.Register of suits.

ORDER V

Issue of Summons

1.Summons. 2.Copy or statement annexed to summons.

3.Court may order defendant or plaintiff to appear in person.

4.No party to be ordered to appear in person unless resident within certain limits.

5.Summons to be either to settle issues or for final disposal.

6.Fixing day for appearance of defendant.

7.Summons to order defendant to produce documents relied on by him.

8.On issue of summons for final disposal, defendant to be directed to produce his witnesses.

Service of Summons

9.Delivery or transmission of summons for service.

10.Mode of service.

RULES 11.Service on several defendants.

12.Service to be on defendant in person when practicable, or on his agent.

13.Service on agent by whom defendant carries on business.

14.Service on agent in charge in suits for immovable property.

15.Where service may be on male member of defendant's family.

16.Person served to sign acknowledgment.

17.Procedure when defendant refuses to accept service, or cannot be found.

18.Endorsement of time and manner of service.

19.Examination of serving office.

20.Substituted service. Effect of substituted service. Where service substituted, time for appearance to be -fixed.

21.Service of summons where defendant resides within jurisdiction of another Court.

22.Service within presidency-towns of summons issued by Courts outside.

23.Duty of Court to which summons is sent.

24.Service on defendant in prison.

25.Service where defendant resides out of India and has no agent.

26.Service in foreign territory through Political Agent or Court.

27.Service on civil public officer or on servant of railway company or local authority.

28.Service on soldiers, sailors or airmen.

29.Duty of person to whom summons is delivered or sent for service.

30.Substitution of letter for summons.

ORDER VI

1.Pleading. 2.Pleading to state material facts and not evidence.

3.Forms of pleading.

RULES 4.Particulars to be given where necessary.

5.Further and better statement, or particulars.

6.Condition precedent.

7.Departure. 8.Denial of contract.

9.Effect of document to be stated.

10.Malice, knowledge, etc.

11.Notice. 12.Implied contract, or relation.

13.Presumptions of law.

14.Pleading to be signed.

15.Verification of pleadings.

16.Striking out pleadings.

17.Amendment of pleadings.

18.Failure to amend after order.

ORDER VII

PLAINT 1.Particulars to be contained in plaint.

2.In money suits.

3.Where the subject-matter of the suit is immovable property.

4.When plaintiff sues as representative.

5.Defendant's interest and liability to be shown.

6.Grounds of exemption from limitation law.

7.Relief to be specifically stated.

8.Relief founded on separate grounds.

9.Procedure on admitting plaint. Concise statements.

10.Return of plaint. Procedure on returning plaint.

11.Rejection of plaint.

12.Procedure on rejecting plaint.

13.Where rejection of plaint does not preclude presentation of fresh plaint.

RULES DOCUMENTS RELIED ON IN PLAINT

14.Production of document on which plaintiff sues. List of other documents.

15.Statement in case of documents not in plaintiff's possession or power.

16.Suits on lost negotiable instruments.

17.Production of shop-book. Original entry to be marked and returned.

18.Inadmissibility of document not produced when plaint filed.

ORDER VIII

1.Written statement.

2.New facts must be specially pleaded.

3.Denial to be specific.

4. Evasive denial.

5. Specific denial.

6. Particulars of set-off to be given in written statement. Effect of set-off.

7. Defence or set-off founded on separate grounds.

8. New ground of defence.

9. Subsequent pleadings.

10. Procedure when party fails to present written statement called for by Court.

ORDER IX

1. Parties to appear on day fixed in summons for defendant to appear and answer.

2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs.

3. Where neither party appears, suit to be dismissed.

4. Plaintiff may bring fresh suit or Court may restore suit to file.

5. Dismissal of suit where plaintiff, after summons returned unserved, fails for three months to apply for fresh summons.

6. Procedure when only plaintiff appears. When summons duly served. When summons not duly served. When summons served, but not in due time.

7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance.

8. Procedure where defendant only appears.

9. Decree against plaintiff by default bars fresh suit.

10. Procedure in case of non-attendance of one or more of several plaintiffs.

11. Procedure in case of non-attendance of one or more of several defendants.

12. Consequence of non-attendance, without sufficient cause shown, of party ordered

to appear in person.

SETTING ASIDE DECREES Ex pate

13. Setting aside decree ex parse against defendant.

14. No decree to be set aside without notice to opposite party.

ORDER X

1. Ascertainment whether allegations in pleadings are admitted are denied.

2. Oral examination of party, or companion of party.

3.Substance of examination to be written.

4.Consequence of refusal or inability of pleader to answer.

ORDER XI

1.Discovery by interrogatories.

2.Particular interrogatories to be submitted.

3.Costs of interrogatories.

4.Form of interrogatories.

5.Corporations. 6.Objections to interrogatories by answer.

7.Setting aside and striking out interrogatories.

8.Affidavit in answer, filing.

9.Form of affidavit in answer.

10.No exception to be taken.

11.Order to answer or answer further.

12.Application for discovery of documents.

13.Affidavit of documents.

14.Production of documents.

15.Inspection of documents referred to in pleading or affidavits.

16.Notice to produce.

17.Time for inspection when notice given.

18.Order for inspection.

19.Verified copies.

20.Premature discovery.

21.Non-compliance with order for discovery.

22.Using answers to interrogatories at trial.

23.Order to apply to minors.

ORDER XII

ADMISSIONS 1.Notice of admission of case.

2.Notice to admit documents.

3.Form of notice.

4.Notice to admit facts.

5.Form of admissions.

6.Judgment on admissions.

7.Affidavit of signature.

8.Notice to produce documents.

9.Costs.

ORDER XIII

RULES 1.Documentary evidence to be produced at first hearing.

2.Effect of non-production of documents.

3.Rejection of irrelevant or inadmissible documents.

4.Endorsements on documents admitted in evidence.

5.Endorsements on copies of admitted entries in books, accounts and records.

6.Endorsements on documents rejected as inadmissible in evidence.

7.Recording of admitted and return of rejected documents.

8.Court may order any document to be impounded.

9.Return of admitted documents.

10.Court may send for papers from its own records or from other Courts.

11.Provisions as to documents applied to material objects.

ORDER XIV

1.Framing of issues.

2.Issues of law and of fact.

3.Materials from which issues may be framed.

4.Court may examine witnesses or documents before framing issues.

5.Power.to amend, and strike out, issues.

6.Questions of fact or law may by agreement be stated in form of issues.

7.Court, if satisfied that agreement was executed in good faith, may pronounce

judgment.

ORDER XV

1.Parties not at issue.

2.One of several defendants not at issue.

3.Parties at issue.

4.Failure to produce evidence.

ORDER XVI

RULES 1.Summons to attend to give evidence or produce documents.

2. Expenses of witness to be paid into Court on applying for summons.Experts.Scale of expenses.

3. Tender of expenses to witness.

4. Procedure where insufficient sum paid in. Expenses of witnesses detained more than one day.

5. Time, place and purpose of attendance to be specified in summons.

6. Summons to produce document.

7. Power to require persons present in Court to give evidence or produce document.

8. Summons how served.

9. Time for serving summons.

10. Procedure where witness fails to comply with summons.

11. If witness appears, attachment may be withdrawn.

12. Procedure if witness fails to appear.

13. Mode of attachment.

14. Court may of its own accord summon as witnesses strangers to suit.

15. Duty of persons summoned to give evidence or produce document.

16. When they may depart.

17. Application of rules 10 to 13.

18. Procedure where witness apprehended cannot give evidence or produce document.

19. No witness to be ordered to attend in person unless resident within certain limits.

20. Consequence of refusal of party to give evidence when called on by Court.

21. Rules as to witnesses to apply to parties summoned.

ORDER XVII

ADJOURNMENTS RULES 1.Court may grant time and adjourn hearing. Costs of adjournment.

2. Procedure if parties fail to appear on day fixed.

3. Court may proceed notwithstanding either party falls to produce evidence, etc.

ORDER XVIII

1. Right to begin.

2. Statement and production of evidence.

3. Evidence where several issues.

4. Witnesses to be examined in open Court.

5. How evidence shall be taken in appealable cases.

6. When deposition to be interpreted.

7. Evidence under section 138.

8. Memorandum when evidence not taken down by Judge.

9. When evidence may be taken in English.

10. Any particular question and answer may be taken down.

11. Questions objected to and allowed by Court.

12. Remarks on demeanour of witnesses.

13. Memorandum of evidence in unappealable cases.

14. Judge unable to make such memorandum to record reasons of; his inability.

15. Power to deal with evidence taken before another Judge.

16. Power to examine witness immediately.

17. Court may recall and examine witness.

18. Power of Court to inspect.

ORDER XIX

AFFIDAVITS 1.Power to order any point to be proved by affidavit.

2. Power to order attendance of deponent for cross-examination.

3. Matters to which affidavits shall be confined.

ORDER XX

RULES

1. Judgment when pronounced.

2. Power to pronounce judgment written by Judge's predecessor.

3. Judgment to be signed.

4. Judgments of Small Cause Courts.

Judgments of other Courts.

5. Court to state its decision on each issue.

6. Contents of decree.

7. Date of decree.

8. Procedure where Judge has vacated office before signing decree.

9. Decree for recovery of immovable property.

10. Decree for delivery of movable property.

11. Decree may direct payment by instalments. Order, after decree, for payment by instalments.

12. Decree for possession and mesne profits.

13. Decr�e in administration-suit.

14. Decree in pre-emption-suit.

15. Decree in suit for dissolution of partnership.

16. Decree in suit for account between principal and agent.

17. Special directions as to accounts.

18. Decree in suit for partition of property or separate possession of a share therein.

19. Decree when set-off is allowed.

Appeal from decree relating to set-off.

20. Certified copies of judgment and decree to be furnished.

ORDER XXI

Payment under Decree

1. Modes of paying money under decree.

2. Payment out of Court to decree-holder.

Courts executing Decrees

3. Lands situate in more than one jurisdiction.

4. Transfer to Court of Small Causes.

5. Mode of transfer.

6. Procedure where Court desires that its own decree shall be executed by another Court.

7. Court receiving copies of decree, etc., to file same without proof.

8. Execution of decree or order by Court to which it is sent.

9. Execution by High Court of decree transferred by other Court.

Application for execution

10. Application for execution.

11. Oral application. Written application.

12. Application for attachment of movable property not in judgment debtor's possession.

13 Application for attachment of immovable property to contain certain particulars.

14. Power to require certified extract from Collector's register in certain cases.

15. Application for execution by joint decree-holder.

16. Application for execution by transferee of decree.

17. Procedure on receiving application for execution of decree.

18. Execution in case of cross-decrees.

19. Execution in case of cross-claims under same decree.

20. Cross-decrees and cross-claims in mortgage-suits.

21. Simultaneous execution.

22. Notice to show cause against execution in certain cases.

23 Procedure after issue of notice.

Process for execution

24. Process for execution.

25. Endorsement on process.

Stay of execution

26. When Court may stay execution.

Power to require security from, or impose conditions upon, judgment-debtor.

27. Liability of judgment-debtor discharged.

28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied to.

29. Stay of execution pending suit between decree-holder and judgment-debtor.

Mode of execution

30. Decree for payment of money.

31. Decree for specific movable property.

32. Decree for specific performance for restitution of conjugal rights or for an injunction.

33. Discretion of Court in executing decrees for restitution of conjugal rights.

34. Decree for execution of document, or endorsement of negotiable instrument.

35. Decree for immovable property.

36. Decree for delivery of immovable property when in occupancy of tenant.

Arrest and detention in the civil prison

37. Discretionary power to permit judgment-debtor to show cause against detention in prison.

38. Warrant for arrest to direct judgment-debtor to be brought up.

39. Subsistence-allowance.

40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.

Attachment of property

41. Examination of judgment-debtor as to his property.

42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.

43. Attachment of movable property, other than agricultural produce, in possession of judgment-debtor. 44. Attachment of agricultural produce.

45. Provisions as to agricultural produce under attachment.

46. Attachment of debt, share a all other property not in possession of judgment-debtor.

47. Attachment of share in movable.

48. Attachment of salary or allowances of servant of the Government or railway company or local authority.

49. Attachment of partnership property.

50. Execution of decree against firm.

51. Attachment of negotiable instruments.

52. Attachment of property in custody of Court or public officer.

53. Attachment of decrees.

54. Attachment of immovable property.

55. Removal of attachment after satisfaction of decree.

56. Order for payment of coin or currency notes to party entitled under decree.

57. Determination of attachment.

Investigation of claims and objections

58. Investigation of claims to, and objections to attachment of, attached

property. Postponement of sale.

59. Evidence to be adduced by claimant.

60. Release of property from attachment.

61. Disallowance of claim to property attached.

62. Continuance of attachment subject to claim of incumbrancer.

63. Saving of suits to establish right to attached property.

Sale generally

64. Power to order property attached to be sold and proceeds to be paid to person entitled.

65. Sales by whom conducted and how made.

66. Proclamation of sales by public auction.

67. Mode of making proclamation.

68. Time of sale.

69. Adjournment or stoppage of sale.

70. Saving of certain sales.

71. Defaulting purchaser answerable for loss on re-sale.

72. Decree-holder not to bid for or buy property without permission. Where decree-holder purchases, amount of decree may be taken as payment.

73. Restriction on bidding or purchase by officers.

Sale of movable property

74. Sale of agricultural produce.

75. Special provisions relating to growing crops.

76. Negotiable instruments and shares in corporations.

77. Sale by public auction.

78. Irregularity not to vitiate sale, but any person injured may sue.

79. Delivery of movable property, debts and shares.

80. Transfer of negotiable instruments and shares.

81. Vesting order in case of other property.

Sale of immovable property

82. What Courts may order sales.

83. Postponement of sale to enable judgment-debtor to raise amount of decree.

84. Deposit by purchaser and re-sale on default.

85. Time for payment in full of purchase-money.

86. Procedure in default of payment.

87. Notification on re-sale.

88. Bid of co-sharer to have preference.

89. Application to set aside sale on deposit.

90. Application to set aside sale on ground of irregularity or fraud.

91. Application by purchaser to set aside sale on ground of judgment debtor having no saleable interest.

92. Sale when to become absolute or be set aside.

93. Return of purchase-money in certain cases.

94. Certificate to purchaser.

95. Delivery of property in occupancy of judgment-debtor.

96. Delivery of property in occupancy of tenant.

Resistance to delivery of possession to decree-holder or purchaser

97. Resistance or obstruction to possession of immovable property.

98. Resistance or obstruction by judgment-debtor.

99. Resistance or obstruction by bona fide claimant.

100. Dispossession by decree-holder or purchaser.

101. Bona fide claimant to be restored to possession.

102. Rules not applicable to transferee lite pendente.

103. Orders conclusive subject to regular suit.

ORDER XXII

1. No abatement by party's death, if right to sue survives.

2. Procedure where one of several plaintiffs or defendants dies and right to sue

survives.

3. Procedure in case of death of one of several plaintiffs or sole plaintiff.

4. Procedure in case of death of one of several defendants or sole defendant.

5. Determination of question as to legal representative.

6. No abatement by reason of death after hearing.

7. Suit not abated by marriage of female party.

8. When plaintiff's insolvency bars suit. Procedure where assignee fails to continue suit or give security.

9. Effect of abatement or dismissal.

10. Procedure in case of assignment before final order in suit.

11. Application of Order to appeals.

12. Application of Order to proceedings.

ORDER XXIII

1. Withdrawal of suit or abandonment of part of claim.

2. Limitation law not affected by first suit.

3. Compromise of suit.

4. Proceedings in execution of decrees not affected.

ORDER XXIV

1. Deposit by defendant of amount in satisfaction of claim.

2. Notice of deposit.

3. Interest on deposit not allowed to plaintiff after notice.

4. Procedure where plaintiff accepts deposit as satisfaction in part.

5. Procedure where he accepts it as satisfaction in full.

ORDER XXV

1. When security for costs may be required from plaintiff.

Residence out of India.

2. Effect of failure to furnish security.

ORDER XXVI

COMMISSIONS Commissions to examine witnesses

1. Cases in which Court may issue commission to examine witness.

2. Order for commission.

3. Where witness resides within Court's jurisdiction.

4. Persons for whose examination commission may issue.

5. Commission or request to examine witness not within India.

6. Court to examine witness pursuant to commission.

7. Return of commission with depositions of witnesses.

8. When depositions may be read in evidence.

Commissions for local investigations

9. Commissions to make local investigations.

10. Procedure of Commissioner.

Report and depositions to be evidence in suit.

Commissioner may be examined in person.

Commissions to examine accounts

11. Commission to examine or adjust accounts.

12. Court to give Commissioner necessary instructions.

Proceedings and report to be evidence.

Court may direct further inquiry.

Commissions to make partitions

13. Commission to make partition of immovable property.

14. Procedure of Commissioner.

General provisions

15. Expenses of commission to be paid into Court.

16. Powers of Commissioners.

17. Attendance and examination of witnesses before Commissioner.

18. Parties to appear before Commissioner.

Commissions issued at the instance of foreign tribunals.

19. Cases in which High Court may issue commission to examine witness.

20. Application for issue of commission.

21. To whom commission may be issued.

22. Issue, execution and return of commissions, and transmission of evidence to foreign Court.

ORDER XXVII

1. Suits by or against Government.

2. Persons authorized to act for Government.

3. Plaints in suits by or against Government.

4. Agent for Government to receive process.

5. Fixing of day for appearance on behalf of Government.

6. Attendance of person able to answer questions relating to suit against Government.

7. Extension of time to enable public officer to make reference to Government.

8. Procedure in suits against public officer.

8A.No security to be required from Government or a public officer in certain cases.

8B.Definitions of �Government " and " Government pleader ".

ORDER XXVIIA

1. Notice to the Attorney General or the Advocate-General.

2. Court may add Government as party.

3. Costs.

4. AppIication of Order to appeals.

ORDER XXVIII

1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any

person to sue or defend for them.

2. Person So authorized may act personally or appoint pleader.

3. Service on person so authorized, or On his pleader, to be good service.

ORDER XXIX

1. Subscription and verification Of pleading.

2. Service on corporation.

3. Power to require personal attendance of officer of Corporation.

ORDER XXX

1. Suing of partners in name of firm.

2. Disclosure of partners' names.

3. Service.

4. Right of suit on death of partner.

5. Notice in what capacity served.

6. Appearance of partners.

7. No appearance except by partners.

8. Appearance under protest.

9. Suits between co-partners.

10. Suit against person carrying on business in name other than his own.

ORDER XXXI

1. Representation of beneficiaries in suits concerning property vested in trustees, etc.

2. Joinder of trustees, executors and administrators.

3. Husband of married executrix not to join.

ORDER XXXII

1. Minor to sue by next friend.

2. Where suit is instituted without next friend, plaint to be taken off the file.

3. Guardian for the suit to be appointed by Court for minor defendant.

4. Who may act as next friend or be appointed guardian for the suit.

5. Representation of minor by next friend or guardian for the suit.

6. Receipt by next friend or guardian for the suit of property under decree for minor.

7. Agreement or compromise by next friend or guardian for the suit.

8. Retirement of next friend.

9. Removal of next friend.

10. Stay of proceedings on removal, etc., of next friend.

11. Retirement, removal or death of guardian for the suit.

12. Course to be followed by minor plaintiff or applicant on attaining majority.

13. Where minor co-plaintiff attaining majority desires to repudiate suit.

14. Unreasonable or improper suit.

15. Application of rules to persons of unsound mind.

16. Saving for Princes and Chiefs.

ORDER XXXIlI

1. Suits may be instituted in forma paupers.

2. Contents of application.

3. Presentation of application.

4. Examination of applicant.

If presented by agent, Court may order applicant to be examined by commission.

5. Rejection of application.

6. Notice of day for receiving evidence of applicant's pauperism.

7. Procedure at hearing.

8. Procedure if application admitted.

9. Dispaupering.

l0.Costs where pauper succeeds.

11. Procedure where pauper fails.

11A.Procedure where pauper suit abates.

12. State Government may apply for payment of court-fees.

13. State Government to be deemed a party.

14. Recovery of amount of court-fees.

15. Refusal to allow applicant to sue as pauper to bar subsequent application of like nature.

16. Costs.

ORDER XXXIV

1. Parties to suits for foreclosure, sale and redemption.

2. Preliminary decree in foreclosure-suit.

3. Final decree in foreclosure-suit.

4. Preliminary decree in suit for sale.

Power to decree sale in foreclosure-suit.

5. Final decree in suit for sale.

6. Recovery of balance due on mortgage in suit for sale.

7. Preliminary decree in redemption-suit.

8. Final decree in redemption-suit.

8A.Recovery of balance due on mortgage in suit for redemption.

9. Decree where nothing is found due or where mortgagee has been overpaid.

10. Costs of mortgagee subsequent to decree.

11. Payment of interest.

12. Sale of property subject to prior mortgage.

13. Application of proceeds.

14. Suit for sale necessary for bringing mortgaged property to sale.

15. Mortgages by the deposit of title-deeds and charges.

ORDER XXXV

INTERPLEADER 1.Plaint in interpleader-suit.

2. Payment of thing claimed into Court.

3. Procedure where defendant is suing plaintiff.

4. Procedure at first hearing.

5. Agents and tenants may not institute interpleader-suits.

6. Charge for plaintiff's costs.

ORDER XXXVI

1. Power to state case for Court's opinion.

2. Where value of subject-matter must be stated.

3. Agreement to be filed and registered as suit.

4. Parties to be subject to Court's jurisdiction.

5. Hearing and disposal of case.

ORDER XXXVII

RULES 1.Application of Order.

2. Institution of summary suits upon bills of exchange, etc.

3. Defendant showing defence on merits to have leave to appear.

4. Power to set aside decree.

5. Power to order bill, etc., to be deposited with officer of Court.

6. Recovery of cost of noting non-acceptance of dishonoured bill or note.

7. Procedure in suits.

ORDER XXXVIII

Arrest before in judgment

1. Where defendant may be called upon to furnish security for appearance.

2. Security.

3. Procedure on application by surety to be discharged.

4. Procedure where defendant fails to furnish security or find fresh security.

Attachment before judgment

5. Where defendant may be called upon to furnish security for production of property.

6. Attachment where cause not shown or security not furnished.

7. Mode of making attachment.

8. Investigation of claim to property attached before judgment.

9. Removal of attachment when security furnished or suit dismissed.

10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale.

11. Property attached before judgment not to be re-attached in execution of decree.

12. Agricultural produce not attachable before judgment.

13. Small Cause Court not to attach immovable property.

ORDER XXXIX

Temporary injunctions

RULES 1.Cases in which temporary injunction may be granted.

2. Injunction to restrain repetition or continuance of breach.

3. Before granting injunction, Court to direct notice to opposite party.

4. Order for injunction may be discharged, varied or set aside.

5. Injunction to corporation binding on its officers.

Interlocutory orders

6. Power to order interim sale.

7. Detention, preservation, inspection, etc., of subject matter of suit.

8. Application for such orders to be after notice.

9. When party may be put in immediate possession of land the subject-matter of suit.

l0.Deposit of money, etc., in Court.

ORDER XL

1. Appointment of receivers.

2. Remuneration.

3. Duties.

4. Enforcement of receiver's duties.

5. When Collector may be appointed receiver.

ORDER XLI

1. Form of appeal.

What to accompany memorandum.

Contents of memorandum.

2. Grounds which may be taken in appeal.

3. Rejection or amendment of memorandum.

4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.

Stay of proceedings and of execution

5. Stay by Appellate Court. Stay by Court which passed the decree.

6. Security in case of order for execution of decree appealed from.

7. [Repealed.]

8. Exercise of powers in appeal from order made in execution of decree.

Procedure on admission of appeal

9. Registry of memorandum of appeal.

Register of appeals.

10. Appellate Court may require appellant to furnish security for costs.

Where appellant resides out of India.

11. Power to dismiss appeal without sending notice to Lower Court.

12. Day for hearing appeal.

13. Appellate Court to give notice to Court whose decree appealed from.

Transmission of papers to Appellate Court.

Copies of exhibits in Court whose decree appealed from.

14. Publication and service of notice of day for hearing appeal.

Appellate Court may itself cause notice to be served.

15. Contents of notice.

Procedure on hearing

16. Right to begin.

17. Dismissal of appeal for appellant's default.

Hearing appeal ex parse.

18. Dismissal of appeal where notice not served in consequence of appellant's failure to deposit costs.

19. Re-admission of appeal dismissed for default.

20. Power to adjourn hearing and direct persons appearing interested to be made respondents.

21. Re-hearing on application of respondent against who ex parse decree made.

22. Upon hearing, respondent may object to decree as if he had preferred separate appeal. Form of objection and provisions applicable thereto.

23. Remand of case by Appellate Court.

24. Where evidence on record sufficient, Appellate Court may determine case finally.

25. Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from.

26. Findings and evidence to be put on record. Objections to finding. Determination of

appeal.

27. Production of additional evidence in Appellate Court.

28. Mode of taking additional evidence.

29. Points to be defined and recorded.

Judgment in appeal

30. Judgment when and where pronounced.

31. Contents, date and signature of judgment.

32. What judgment may direct.

33. Power of Court of appeal.

34. Dissent to be recorded.

Decree In appeal

35. Date and contents of decree.

Judge dissenting from judgment need not sign decree.

36. Copies of judgment and decree to be furnished to parties.

37. Certified copy of decree to be sent to Court whose decree appealed from.

ORDER XLII

1. Procedure.

ORDER XLIII

2. Procedure.

ORDER XLIV

1.Who may appeal as pauper.-

Any person entitled to prefer an appeal, who is unable to pay who may the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal and may be allowed to appeal as a pauper, subject, in all matters, including the presentation of such application, to the provisions relating to suits by paupers, in so far as those provisions are applicable; Procedure on application for admission of appeal.-Provided that the Court shall reject the application unless, upon a perusal thereof and of the judgment and decree appealed from, it sees reason to think that the decree is contrary to law or to some usage having the force of law, or is otherwise erroneous or unjust.

2.Inquiry into pauperism.-

The inquiry into the pauperism of the applicant may be made either by the Appellate Court or under the orders of the Appellate Court by 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 from whose decree the appeal is preferred ,no further inquiry in respect of his pauperism shall be necessary, unless the Appellate Court sees cause to direct such inquiry.

ORDER XLV

1." Decree " defined.

2.Application to Court whose decree complained of.

3.Certificate as to value or fitness.

4.Consolidation of suits.

5.Remission of dispute to Court of first instance.

6.Effect of refusal of certificate.

7.Security and deposit required on grant of certificate.

8.Admission of appeal and procedure thereon.

9.Revocation of acceptance of security.

9A.Power to dispense with notices in case of deceased parties.

l0.Power to order further security or payment.

11.Effect of failure to comply with order.

12.Refund of balance deposit.

13.Powers of Court pending appeal.

14.Increase of security found inadequate.

15.Procedure to enforce orders of the Supreme Court.

16.Appeal from order relating to execution.

17.[Repealed.]

ORDER XLVI

1.Reference of question to High Court.

2.Court may pass decree contingent upon decision of High Court

3.Judgment of High Court to be transmitted, and ease disposed of accordingly.

4.Costs of reference to High Court.

4A.Reference to High Court under proviso to section 113.

5.Power to alter, etc., decree of Court making reference.

6.Power to refer to High Court questions as to jurisdiction in small causes.

7.Power to District Court to submit for revision proceedings had under mistake as to jurisdiction in small causes.

ORDER XLVII

1.Application for review of judgment.

2.To whom applications for review may be made.

3.Form of applications for review.

4.Application where rejected.

Application where granted.

5.Application for review in Court consisting of two or more Judges.

6.Application where rejected.

7.Order of rejection not appealable. Objections to order granting application.

8.Registry of application granted, and order for re-hearing.

9.Bar of certain applications.

ORDER XLVIII

1.Process to be served at expense of party issuing. Costs of service.

2.Orders and notices how served.

3.Use of forms in appendices.

ORDER XLIX

1.Who may serve processes of High Court.

2.Saving in respect of Chartered High Courts.

3.Application of rules.

ORDER L

ORDER LI

1.Power of collector.-

Where the execution of a decree has been transferred to the Collector under section 68, he may�

(a) proceed as the Court would proceed when the sale of immovable property is postponed in order to enable the judgment-debtor to raise the amount of the decree; or

(b) raise the amount of the decree by letting in perpetuity, or for a term, on payment of a premium, or by mortgaging, the whole or any part of the property ordered to be sold; or

(c) sell the property ordered to be sold or so much thereof as may be necessary.

2.Procedure of Collector in special causes.-

Where the execution of a decree, not being a decree ordering the sale of immovable property in pursuance of a contract specifically affecting the same, but being a decree for the payment of money in satisfaction of which the Court has ordered the sale of immovable property, has been so transferred, the Collector, if, after such inquiry as he thinks necessary, he has reason to believe that all the liabilities of the judgment-debtor can be discharged without a sale of the whole of his available immovable property, may proceed as hereinafter provided.

3.Notice to be given to decree-holders and to persons having claims on property.-

(1) In any such case as is referred to in paragraph 2, the Collector shall publish a notice, allowing a period of sixty days from the date of its publication for compliance and calling upon�

(a) every person holding a decree for the payment of money against the judgment-debtor capable of execution by sale of his immovable property and which such decree-holder desires to have so executed, and every holder of a decree for the payment of money in execution of which proceedings for the sale of such property are pending, to produce before the Collector a copy of the decree, and a certificate from the Court which passed or is executing the same, declaring the amount recoverable thereunder;

(b) every person having any claim on the said property to submit to the Collector a statement of such claim; and to produce the documents (if any) by which it is evidenced.

(2) Such notice shall be published by being affixed on a conspicuous part of the court-house of the Court which made the original order for sale, and in such other places (if any) as the Collector thinks fit; and where the address of any such decree-holder or claimant is known, a copy of the notice shall be sent to him by post or otherwise.

4.Amount of decrees for payment of money to be ascertained, and immovable property available for their satisfaction.- 

(1) Upon the expiration of the said period, the Collector shall of appoint a day for hearing any representations which the judgment-debtor and the decree-holders or claimants (if any) may desire to make, and for holding such inquiry as he may deem necessary for informing himself as to the nature and extent of such decrees and claims and of the judgment-debtor's immovable property, and may, from time to time, adjourn such hearing and inquiry.

(2) Where there is no dispute as to the fact or extent of the liability of the judgment-debtor to any of the decrees or claims of which the Collector is informed, or as to the relative priorities of such decrees or claims, or as to the liability of any such property for the satisfaction of such decrees or claims, the Collector shall draw up a statement, specifying the amount to be recovered for the discharge of such decrees, the order in which such decrees and claims are to be satisfied, and the immovable property available for that purpose.

(3) Where any such dispute arises, the Collector shall refer the same, with a statement thereof and his own opinion thereon, to the Court which made the original order for sale, and shall, pending the reference, stay proceedings relating to the subject thereof. The Court shall dispose of the dispute if the matter thereof is within its jurisdiction, or transmit the case to a competent Court for disposal, an the final decision shall be communicated to the Collector, who shall then draw up a statement as above provided in accordance with such decision.

5.Where District Court may issue notices and hold inquiry.-

The Collector may, instead of himself issuing the notices and holding the inquiry required by paragraphs 3 and 4, draw up a statement specifying the circumstances of the Judgment-debtor and of his immovable property so far as they are known to the Collector appear in the records of his office, and forward such statement to the District Court; and such Court shall thereupon issue the notice hold the inquiry and draw up the statement required by paragraphs 3 and 4 and transmit such statement to the Collector.

6.Effect of decision of Court as to dispute.-

The decision by the Court of any dispute arising under paragraph 4 or paragraph 5 shall, as between the parties thereto, have the force of and be appealable as a decree.

7.Scheme for liquidation of decrees for payment of money.-

(1) Where the amount to be recovered and the property available have been determined as provided in paragraph 4 or paragraph if 5, the Collector may,�

(a) if it appears that the amount cannot be recovered without the sale of the whole of the property available, proceed to sell such property; or

(b) if it appears that the amount with interest (if any) in accordance with the decree, and, when not decreed, with interest (if any) at such rate as he thinks reasonable, may be recovered without such sale, raise such amount and interest (notwithstanding the original order for sale)�

(i) by letting in perpetuity or for a term, on payment of a premium, the whole or any part of the said property; or

(ii) by mortgaging the whole or any part of such property; or

(iii) by selling part of such property; or

(iv) by letting on farm, or managing by himself or another, the whole or any part of such property for any term not exceeding twenty years from the date of the order of sale; or

(v) partly by one of such modes, and partly by another or others of such modes.

(2) For the purpose of managing the whole or any part of such Property, the Collector may exercise all the powers of its owner.

(3) For the purpose of improving the saleable value of the property available or any part thereof, or rendering it more suitable for letting or managing, or for preserving the property from sale in satisfaction of an incumbrance, the Collector may discharge the claim of any incumbrancer which has become payable or compound the claim any incumbrancer whether it has become payable or not, and, for the purpose of providing funds to effect such discharge or composition, may mortgage, let or sell any portion of the property which he deems sufficient. If any dispute arises as to the amount due on any incumbrance with which the Collector proposes to deal under this clause, he may institute a suit in the proper Court, either in his own name or the name of the judgment-debtor, to have an account taken, or he may agree to refer such dispute to the decision of two arbitrators, one to be chosen by each party, or of an umpire to be named by such arbitrators.

(4) In proceeding under this paragraph the Collector shall be subject to such rules consistent with this Act as may, from time to time, be made in this behalf by the State Government.

8.Recovery of balance (if any) after letting or management.-

Where, on the expiration of the letting or management under paragraph 7, the amount to be recovered has not been realized, the Collector shall notify the fact in writing to the judgment-debtor or his representative in interest, stating at the same time that, if the balance necessary to make up the said amount is not paid to the Collector within six weeks from the date of such notice, he will proceed to sell the whole or a sufficient part of the said property; and, if on the expiration of the said six weeks the said balance is not so paid, the Collector shall sell such property or part accordingly.

9.Collector to render accounts to Court.-

(1) The Collector shall, from time to time, render to the Court which made the original order for sale an account of all monies which come to his hands and of all charges incurred by him in the exercise and performance of the powers and duties conferred and imposed on him under the provisions of this schedule, and shall hold the balance at the disposal of the Court.

(2) Such charges shall include all debts and liabilities from time to time due to the Government in respect of the property or any part thereof, the rent (if any) from time to time due to a superior holder in respect of such property or part, and, if the Collector so directs, the expenses of any witnesses summoned by him.

(3) The balance shall be applied by the Court�

(a) in providing for the maintenance of such members of the judgment-debtor's family (if any) as are entitled to be maintained out of the income of the property, to such amount in the case of each member as the Court thinks fit; and

(b) where the Collector has proceeded under paragraph 1, in satisfaction of the original decree in execution of which the Court ordered the sale of immovable property, or otherwise as the Court may under section 73 direct ; or

(c) where the Collector has proceeded under paragraph 2,�

(i) in keeping down the interest on incumbrances on the property;

(ii) where the judgment-debtor has no other sufficient means of subsistence, in providing for his subsistence to such amount as the Court thinks fit; and

(iii) in discharging rateably the claims of the original decree-holder and any other decree-holders who have complied with the said notice, and whose claims were included in the amount ordered to be recovered.

(4) No other holder of a decree for the payment of money shall be entitled to be paid out of such property or balance until the decree-holders who have obtained such order have been satisfied and the residue (if any) shall be paid to the judgment-debtor or such other person as the Court directs.

10.Sales how to be conducted.-

Where the Collector sells any property under this schedule, he shall put it up to public auction in one or more lots, as he thinks fit, and may�

(a) fix a reasonable reserved price for each lot :

(b) adjourn the sale for a reasonable time whenever, for reasons to be recorded, he deems the adjournment necessary for the purpose of obtaining a fair price for the property;

(c) buy in the property offered for sale, and re-sell the same by public auction or private contract, as he thinks fit.

11.Restrictions as to alienation by judgment debtor or his representative, and prosecution or remedies by decree-holders.-

(1) So long as the Collector can exercise or perform in respect of the judgment-debtor's immovable property, or any part thereof, any of the powers or duties conferred or imposed on him by paragraphs 1 to 10, the judgment-debtor or his representative in interest shall be incompetent to mortgage, charge, lease or alienate such property or part except with the written permission of the Collector, nor shall any Civil Court issue any process against such property or part in execution of a decree for the payment of money.

(2) During the same period no Civil Court shall issue any process of execution either against the judgment-debtor or his property in respect of any decree for the satisfaction whereof Provision has been made by the Collector under paragraph 7.

(3) The same period shall be excluded in calculating the period of limitation applicable to the execution of any decree affected by the provisions of this paragraph in respect of any remedy of which the decree-holder has been temporarily deprived.

12.Provision where property is in several districts.-

Where the property of which the sale has been ordered is situate in more districts than one, the powers and duties conferred and imposed on the Collector by paragraphs 1 to 10 shall be exercised and performed by such one of the Collectors of the said districts as the State Government may by general rule or special order direct.

13.Powers of Collector to compel attendance and production.-

In exercising the powers conferred on him by paragraphs 1 to 10 the Collector shall have the powers of a Civil Court to compel the attendance of parties and witnesses and the production of documents.