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Code of Civil Procedure, 1908 Appendix E

Title: Execution

State: Central

Year: 1908

.....order be sent to ..... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the .................. day of ................... 19......../20.... . Judge No. 4 certificate of non-satisfaction of decree (Title) Certified that no* satisfaction of the decree of this Court in suit No. ..... of 19..../20...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ................. day of ..................... 19........./20.... . Judge No. 5 certificate of the execution of decree transferred to another court (0.21.1.6.) (Title) No. of Suit and the Court by which the decree was passed Names if parties Date of application for excution Number of the execution case Process issued and dates of service thereof Costs of execution Amount realized How the case disposed of Remarks 1 2 3 4 5 6 7 8 9 .....

Code of Civil Procedure, 1908 Appendix A

Title: Pleadings

State: Central

Year: 1908

.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).

Code of Civil Procedure, 1908 Appendix D

Title: Decrees

State: Central

Year: 1908

.....to the institution of the suit. Or 2. That an inquiry be made as the account of mesne profits which have accrued dueprior to the institution of the suit. 3. That an inquiry be made as tothe amount of mesne profitsfrom the institution of the suit until [the delivery of possession to thedecree-holder] [the relinquishment of possession by the judgment-debtor withnotice to the decree-holder through the Court] [the expiration of three yearsfrom the date of the decree]. ___________________ 1. Substituted by Act 21 if 1929,section 8 and Schedule, for Forms 3 to 11. 2.Words not required to be deleted. 3.Here insert name of proper officer. Total Total Total Total

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] 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. SECTION 35: COSTS (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.....

Code of Civil Procedure, 1908 Appendix G

Title: Appeal, Reference and Review

State: Central

Year: 1908

.....on the .................... day of .................... 19 ............ the .................... files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:- ...................................................................................................................... ...................................................................................................................... No.9 DECREE IN APPEAL (O. XLI, r. 35) (Title) Appeal No. .................... of 19 ............ from the decree of the Court of .................... dated the .................... day of .................... 19.... Memorandum of Appeal .............................................................................................................Plaintiff. .............................................................................................................Defendant. The ....................above-named appeals to the ............................. Court at .................... from the decree of............................ in the.....

Code of Civil Procedure, 1908 Rule 9 to 30

Title: Service of Summons

State: Central

Year: 1908

.....for "all documents" (w.e.f. 01.07.2002.) 2. Substituted by Act 104 of 1976, section. 55(ii), for rule 15 (w.e.f. 1-2-1977). 3. Inserted by Act of 1976, Section. 55(iii) (w.e.f. 01.02.1977). 3i. Section 19A was earlier inserted by Act 104 of 1976, Section. 55(iv) (w.e.f. 01.02.1977). 4. Rule 20A was earlier inserted by Act 66 of 1956, section 14 (w.e.f. 01.01.1957). 5 . Substituted by Act 46 of 1999, section. 15(vii), for "or by post" (w.e.f. 01-07-2002). 6 . Substituted by the A.O. 1937, for "Bombay and Rangoon''. 7. Substituted by Act 46 of 1999, Section. 15(viii), for "by post or otherwise" (w.e.f. 01-07-2002). 8 . Substituted by Act 2 of 1951, section 3, for "the States". 9 . Substituted by Act 46 of 1999, section 15(ix), for "by Post" (w.e.f. 01-07-2002). 10. Inserted by Act 19 of 1951, Section. 2. 11. Substituted by Act 104 of 1976, Section. 55(vii)(a), for "resides in Pakistan" (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 55(vii)(b), for "in Pakistan (not belonging to the Pakistan military, naval or air forces)" (w.e.f. 01.02.1977). 13. Substituted by Act 104 of 1976, Section. 55, for rule 26 (w.e.f. 1-2-1977). 14......

Code of Civil Procedure, 1908 Rule 1 to 8

Title: Issue of Summons

State: Central

Year: 1908

.....documents relied on by him The summons to appeal and answer shall order the defendant to produce 4 [all documents or copies thereof specified in rule 1A of Order VIII] in his possession or power upon which he intends to rely in support of his case. 8. On issue of summons for final disposal, defendant to be directed to produce his witnesses Where the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to rely in support of his case. ______________________ < such to sent or delivered be may letter the service, accept empowered agent an has defendant where and, fit; thinks Court which manner other any in Court, by selected messenger special a post substituted so A 3)> 1. Substituted by act 22 of 2002, section. 6(i), for sub-rule (1) (w.e.f. 01.07.2002) [as substituted by clause (i) of section 15 of Act 46 of 1999]. Earlier sub-rule (1) was amended by Act 104 of 1976, section 55(i) (w.e.f. 01.02.1977). 2. Substituted by Act 46 of 1999, section.15(ii), for rule 2 (w.e.f. 1-7-2002). 3. Substituted by Act 46 of 1999, section. 15(iii), for.....

Code of Civil Procedure, 1908 Rule 14 to 18

Title: Documents Relied on in Plaint

State: Central

Year: 1908

.....suit is founded upon a negotiable instrument, and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument, the Court may pass such decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint. 17. Production of shop-book (1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (18 of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry on which he relies. (2) Original entry to be marked and returned.--The Court, or such officer as it appoints in this behalf, shall forthwith mark the document for the purpose of identification; and, after examining and comparing the copy with the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to.....

Code of Civil Procedure, 1908 Rule 1 to 23

Title: Discovery and Inspection

State: Central

Year: 1908

.....to minors This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disability. ________________________ 1. Inserted by Act 46 of 1999, sec. 21(i) (w.e.f. 1-7-2002). 2. Substituted by Act 104 of 1976, section 61(ii), for "or on any other ground" (w.e.f. 1-2-1977). 3. Substituted by Act 46 of 1999, sec. 21(ii), for "at any time" (w.e.f. 1-7-2002). 4. Inserted by Act 104 of 1976 section 61(ii) (w.e.f. 1-2-1977). 5. Rule 21 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 61(iv) (w.e.f. 1-2-1977). 6. Substituted by Act 104 of 1976, section 61(iv)(a), for "an order may be made accordingly" (w.e.f. 1-2-1977). 7. Inserted by Act 104 of 1976, section 61(iv)(b) (w.e.f. 01.02.1977).

Code of Civil Procedure, 1908 Rule 10 to 23

Title: Application for Execution

State: Central

Year: 1908

.....every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely :-- (a) the number of the suit; (b) the names of the parties; (c) the date of the decree; (d) whether any, appeal has been preferred from the decree ; (e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has been made between the parties subsequently to the decree; (f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results ; (g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date of the decree sought to be executed; (h) the amount of the costs (if any) awarded ; (i) the name of the person against whom execution of the decree is sought; and (j) the mode in which the assistance of the Court is required whether- (i) by the.....