Andhra Pradesh Civil Rules of Practice and Circular Orders 1980
Inspection of documents by party :--(1) A party or his Advocate shall be at liberty to inspect any document recited or referred to in a plant or written statement, and filed in Court therewith.
(2) The party or his Advocate desiring to inspect any proceeding filed in Court by him or any other party, or a Commissioner or Officer of Court, in the suit, appeal or matter, to which or his client, is a party, shall present a memorandum specifying the proceeding of which inspection is required and inspection will be allowed without the payment of any fees, during the pendency of such suit, appeal or matter.
Short title :--These Rules shall be called "The Civil Rules of Practice and Circular Orders".
Definitions :--In these Rules, unless there is something repugnant to the subject or context;
(a) "Address for service" means the place appointed by a party, or his Advocate, at which service of summons, notice or other process may be made on such party;
(b) "Advocate" includes a Pleader;
(c) "Application" includes execution application, execution petition, and interlocutory application, whether written or oral;
(d) "Code" means the Code of Civil Procedure, 1908 as amended from time to time;
(e) "Execution Petition" means a petition to the Court for th
Sitting of Courts :--The sitting of the Court shall ordinarily commence not later than 11 a.m. and unless the work of the day is disposed of earlier the Court shall not rise before 5 p.m. except for lunch on between 2 and 2.30 p.m.
Judicial Work on Sunday :--No case shall ordinarily be heard and no judicial act formally announced or done on a Sunday or other Public Holiday :
Provided that the Court may sit on a Sunday or other Public Holiday for the purpose of completing the examination of a witness or any other urgent proceeding then in progress which cannot be adjourned to the next working day.
Forms :--The forms in Appendix III, Part-II, Volume II, hereto shall be used with such variations as circumstances may require.
Reckoning of prescribed day :--In all cases in which any particular number of days, not expressed to be clear days, is prescribed by these Rules, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day falls on Sunday, or other day on which the Office of the Court is closed, in which case the time shall be reckoned exclusively of that day also, and of any other following day or days during which the Office may continue to be closed.
Service of notice :--Except where otherwise provided by the Code, or these Rules, or any law for the time being in force, any notice directed to be given to any party shall be in writing and may be served by the party or his Advocate on the other party, or his Advocate personally, or by sending the same by post in a registered post cover to the address for service of the party or his Advocate.
Form of plaints, etc. :--All plaints, written statements, applications affidavits, memoranda of appeal and other proceedings presented to the Court, shall be written, typewritten or printed, fairly and legibly on stamped paper or on substantial foolscap folio paper, with an outer margin of about two inches and an inner margin about one inch wide, and separate sheets shall be stitched together book-wise. The writing or printing may be on both sides of the paper, and numbers shall be expressed in figures.
Cause-title of plaint etc. :--(1) A plaint, or original petition, shall be headed with a cause-title, as in Form No.1. The cause-title shall set out the name of the Court, and the names of the parties, separately numbered, and described as plaintiffs and defendants or petitioners and respondents as the case may be.
(2) Cause title of memorandum of appeal :--A memorandum of appeal shall be headed with a cause-title setting out the names of the Courts to and from which the appeal is brought, the names of the parties separately numbered and described as appellants and respondents, and also the full cause title of the suit or matter in the lower Court, as in Form No.2.
(3)
Names etc., of parties :--The full name, residence, and description of each party, and if such is the case, the fact that any party sues or is sued in a representative character, shall be set out at the beginning of the plaint, original petition, or memorandum of appeal, as in Form No.5, and need not be repeated in the subsequent proceedings in the same suit, appeal or matter.
Address for Service :--(1) Every pleading shall contain the address for service, which shall be within the local limits of the jurisdiction of the Court which the suit is filed or of the District Court in which the party ordinarily resides. The address for service shall contain particulars such as Municipal or Panchayat number of the house, name of the street and locality.
(2) A party who desires to change the address for service given by him as aforesaid shall five a verified petition and the Court may direct the amendment of the record accordingly. Notice of every such petition be given to all the other parties to the suit.
(3) The address so given shall be called the regis
Suits by or against numerous parties :--(1) An application under Order 1, Rule 8 of the Code shall be supported by an affidavit stating the number or approximate number of the parties, and the places where they respectively reside; that they have all the same interest in the subject-matter of the suit, and the nature of the said interest, and the best means of giving notice of the institution of the suit to the said parties, and the probable cost thereof. If the application is made by the plaintiff, it may be made in Form No.10 and the estimated costs of giving notice of the institution of the suit shall at the same time be deposited in Court.
(2) The plaint shall state that the plaintiff sues on behalf of himself an
When application is made by defendant :--If the application is made by a defendant, notice thereof shall be given to all parties to the suit; and if permission is granted, the plaint shall be amended by inserting a statement that the defendant is, with the leave of the Court, sued as the representative of all persons interested in the subject-matter of the suit.
Proceedings in respect of immovable property :--Every plaint, original petition and memorandum of appeal, in which relief is sought with respect to immovable property, shall state, as part of the description thereof the registration district, sub_district, the name of the village, Municipality or Corporation in which the property is situate, the survey number or the house number, if any, the market value of the property and the value for purpose of Court-fee and jurisdiction as computed according to the provisions of the Andhra Court Fees and Suits Valuation Act, 1956 and in cases where the Court-fee payable on the rental value, the annual rental value of the property for which it is let, and there shall be annexed thereto a statement duly filled in and signed by the party of
Leave to sue :--(1) If under Section 20(b) of the Code, leave to institute a suit is required, the plaint shall contain a prayer that leave may be granted, and shall be accompanied by an affidavit stating the residences and occupations of the several defendants and the reasons for instituting the suit in the Court.
(2) If leave to sue is granted, the summons to the defendant shall contain the notice set out in Form No.9.
(3) The Court may, in its discretion, issue notice of the application to the defendants before passing an order thereon.
List of documents filed along with the plaint :--Every plaint shall, at the foot thereof, contain a list, to be signed by the plaintiff or his Advocate, of the documents filed therewith, in Form No.7 or a statement, signed as aforesaid, that no document is filed therewith.
Form prescribed for list filed under Order XIII, Rule 1 :--The list of documents, if any, filed by the parties under Order XIII, Rule 1 of the Code, shall be in Form No.7. In the case of a document produced by a witness or person summoned to produce a document, the form shall be supplied by the party at whose instance the document was produced. The list as well as the documents shall be immediately entered in the general index.
Translation of documents :--Every document produced by a party or his witness not written in the language of the Court or in English shall be accompanied by a correct translation of the document into the language of the Court or in English. The translation shall bear a certificate of the party's Advocate to the effect that the translation is correct. If the party is not represented by an Advocate, the Court shall have the translation certified by any person appointed by it in this behalf at the cost of the concerned party.
Note on defaced documents :--When a document produced with any pleading appears to be defaced, torn or in any way damaged, or where its condition or appearance required special notice, a note of its condition and appearance shall be made on the list of documents by the party producing the same and should be checked and initialled, if correct, by the Receiving Officer.
Presentation of proceedings :--(1) All plaints, written statements, applications, and other proceedings and documents may be presented to or filed in Court by delivering the same by the party in person or by his recognised agent or by his Advocate or by a duly registered clerk of the Advocate to the Chief Ministerial Officer of the Court or such other officers as may be designated for the purpose by the Judge before 4.00 p.m. on any working day :
Provided that in case where the limitation expires on the same day they may be received by a Judge even after 4.00 p.m.
(2) The officer to whom such documents were presented shall at once endorse on the documents the date of presenta
Date of pleadings :--Every pleading or other document filed in a Court shall bear the date on which the signature of the party is affixed, the date of its presentation and the date of its filing in Court.
Procedure on presentation :--(1) On presentation of every plaint the same shall be entered in Register No. 17 in Appendix II, Part-II, Volume II and examined by the Chief Ministerial Officer of the Court.
(2) If he finds that the plaint complies with all the requirements, he shall make an endorsement on the plaint 'Examined and may be Registered' with the date and his signature and placed before the Judge. The Chief Ministerial Officer shall also endorse on the plaint or proceeding if any caveat has been filed. If he thinks that the plaint shall be returned for presentation to the proper Court or be rejected under Order VII, Rule II or for any other person, he shall place the matter before the Judge for orders.
Registration of plaint :--Where, upon examination, the plaint is found to be in order, it shall be entered in the register of suits, and the Judge shall pass orders as to the issue of summons or otherwise.
Documents or Proceedings not to be sent by post or telegraph :--No document or proceeding required to be presented to, or filed in, Court which is sent by post or telegraph, shall be received or filed in Court :
Provided that in cases where the Official Assignee or an Official Receiver does not intend to defend or contest any proceeding before a Court in which he is impleaded as party, he may inform the Court accordingly by a statement in writing in the form appropriate to the proceeding, and send it to the Court by post or personal messenger. Such statement shall form part of the record of the proceeding.
Connected pleadings :--Where two or more suits are in any way connected with each other, the party or his Advocate shall file a Memo describing the cases which are so connected.
Signature of the party on the pleadings :--(1) The parties shall sign at the foot of the pleading and any one of them shall also sign at the end of each of the other pages :
Provided that if impressed stamp papers are tacked on to a plaint for purposes of Court-fee, such papers may be signed either by the party or the Advocate concerned.
(2) Verification of pleadings shall be made next below the paragraph claiming relief and also at the foot of the schedule, if any, appended thereto.
Adding plaintiff or next friend :--If an application is made to add any person as plaintiff, or as the next friend of a plaintiff, he shall either appear in person, in which case his consent to be so added shall be recorded by the Judge in writing or a written consent thereto signed by him, and authenticated by a person authorised to take affidavits shall be filled in Court.
Amendment in pleadings :--An application for amendment made under Order I, Rule 10, Order VI, Rule 17, or Order XXII of the Code, shall also contain a prayer for all consequential amendments. The Presiding Officer shall reject the application if it is not in accordance with the law or these Rules :
Provided that verbal corrections may at any time be made in pleadings with permission of the Court.
Legal Representatives on record :--(1) When a party dies 'pendente lite' a note to that effect shall be added against the name of the party and necessary consequential amendments in the body of the pleading shall also be made as prayed for.
(2) When the heirs of a deceased party are substituted for him they shall be entered and numbered consecutively and described as the legal representatives of the deceased party.
Form of Vakalat :--Every Vakalat shall unless otherwise ordered by the Court, be in Form No.12 and shall authorise, the Advocate to appear in all execution and miscellaneous proceedings in the suit or matter subsequent to the final decree or order passed therein.
Appointment of Advocate :--(1) Save as provided in sub_rule (3) of this Rule, every Vakaltnama shall be executed or its execution attested before a judicial functionary, a Gazetted Officer, a Member of the State Legislature or a Member of Parliament or a Member of the Gram Panchayat, Sarpanch, Upa-Sarpanch constituted under the Andhra Pradesh Gram Panchayats Act, 1964, or a member or the Panchayat Samithi or Zilla Parishad, a Municipal Councillor, Village Headman or a retired Gazetted Officer receiving pension from the Government or before a Commissioned Military Officer or an Advocate other than the Advocate in whose favour the Vakalatnama is executed or appointment, made are as defined in the Notaries Act, 1952 (Act LIII of 1952) before any sub_Registrar o
Party appearing by Agent :--(1) When a party appears by any agent, other than an Advocate, the agent shall, before making or doing any appearance, application, or act, in or to the Court, file in Court the power of attorney, or written authority, thereunto authorising him or a properly authenticated copy thereof together with an affidavit that the said authority still subsisting, or, in the case of an agent carrying on a trade or business on behalf of a party, without a written authority, an affidavit stating the residence of his principal, the trade or business carried on by the agent on his behalf and the connection of the same with the subject-matter of the suit, and that no other agent is expressly authorised to make or do such appearance, application, o
Signing or verification by Agent :--If any proceeding, which under any provision of law or these Rules, is required to be signed or verified by a party, is signed or verified by any person on his behalf, a written authority in his behalf signed by the party shall be filed in Court, together with an affidavit verifying the signature of the party, and stating the reason of his inability to sign or verify the proceeding and stating, the means of knowledge or the facts set out in the proceeding of the person signing or verifying the same and that such person is a recognised agent of the party as defined by Order III, Rule 2 of the Code and is duly authorised and competent so to do.
Interpretation of words :--The word 'affidavit' in this chapter shall include any document required to be sworn; and the words 'swear' and 'sworn' shall include 'affirm' and 'affirmed'.
Form :--Every affidavit shall be drawn up in the first person and divided into paragraphs numbered consecutively and each paragraph, as nearly as may be, shall be confined to a district portion of the subject.
Every affidavit shall be written or typed or printed and stitched book-wise. The deponent shall sign at the foot of each page of the affidavit.
Note :--For forms of Oath and Affirmation refer the Scheduled to the Indian Oaths Act, 1969.
Description of deponent :--Every person making an affidavit shall subscribe his full name, the name of his father, his age, place of residence and his trade or occupation.
Title of affidavits :--Every affidavit shall be entitled as in the suit or matter in which it is filed but in every case in which there are more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant, respectively and that there are other plaintiffs or defendants as the case may be.
Before whom may be sworn :--Affidavits intended for use in Judicial proceedings may be sworn before any Court or Magistrate or a Member of Nyaya Panchayat constituted under the A.P. Gram Panchayats Act, 1964, or a sub_register, Nazir, or Deputy Nazir or a Member of the State Legislature or a Member of Parliament, or a Municipal Councillor or a Member of Zilla Parishad or any Gazetted Officer in the service of the State Government or the Union Government or a Notary as defined in the Notaries Act, 1952, or a Retired Gazetted Officer receiving pension from Government or a Commissioner Military Officer or an Advocate other than the Advocate who has been engaged in such proceeding or any Superintendent in the Office of the Commissioner for the Andhra Pradesh Hindu Religious Insti
Statement of Officer before whom affidavit is sworn :--The officer before whom an affidavit is sworn or affirmed shall state the date on which and the place where, the same is sworn or affirmed and sign his name and description at the end, as in Form No.14; otherwise the same shall not be filed or read in any matter without the leave of the Court.
Interlineations, alteration, etc. :--No affidavit having in the Jurat or body thereof any interlineation, alteration of erasure shall, without the leave of the Court, be read or filed or made use of, unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit, nor in the case of an erasure, unless the words of figures, appearing at the time of taking the affidavit to be written on the erasure, are re-written and initialled in the margin of the affidavit by the officer taking it. An officer may refuse to take an affidavit where, in his opinion, the interlineation or alterations, or erasures are so numerous as to render it necessary that the affidavit should be rewritten.
Deponent to be identified :--Every person making an affidavit for use in the Court shall if not personally known to the person before whom the affidavit is made, be identified by some one known to him, and the person before whom the affidavit is made shall state at the foot of the affidavits, the name, address, and description of the person by whom the identification was made.
Identification of a Purdanashin woman deponent :--Where the deponent is purdanashin woman and has not appeared unveiled before whom the affidavit is made, she shall be identified by a person known to him and such person shall at the foot of the affidavit certify that the deponent was identified by him and shall sign his name giving his name and address.
Blind or illiterate deponent :--When an affidavit is sworn or affirmed by any person who appears to the officer taking the affidavit to be illiterate, blind, or unacquainted with the language in which the affidavit is written the officer shall certify that the affidavit was read, translated or explained in his presence to the deponent; and that the deponent seemed to understand it and made his signature or mark in the presence of the officer, as in Form No.15 otherwise the affidavit shall not be used in evidence :
Provided that where the deponent, due to physical deformity or any other cause, is unable to sign or affix his mark on the affidavit, such affidavit may be received in evidence, if the officer before whom the affidavit is su
Filing :--Before any affidavit is used it shall be filed in Court but the Judge may, with the consent of both parties, or in case of urgency, allow any affidavit to be presented to the Court and read on the hearing of an application.
Notice of filing :--The party filing an affidavit intended to be read in support of an application shall give not less than two days notice thereof to the other parties, who shall be entitled to inspect and obtain copies of the same, and to file counter-affidavits and shall give notice thereof to the applicant, who may inspect and obtain copies of the same, and file affidavits in reply but except with the leave of the Court no further affidavit shall be filed or read. If any party fails to give notice of filing an affidavit the Court may grant an adjournment of the hearing and order the party in default to pay the costs thereof.
Affidavits not to be filed without proper endorsement :--No affidavit shall be filed in the Court unless properly endorsed with the number and title of the suit or matter, the name of the deponent, the date on which it is sworn and by whom and on whose behalf it is filed.
Description of the person or place :--When in an affidavit any person is referred to, the correct name and address of such person and further description as may be sufficient for the purpose of the identification of such person, shall be given in the affidavit. When any place is referred to in an affidavit, it shall be correctly described.
Affidavit on information and belief :--Every affidavit containing statements made on the information or belief of the deponent shall state the source or ground of the information or belief.
Affidavit stating matter of opinion :--Every Affidavit stating any matter of opinion shall show the qualification of the deponent to express such opinion, by reference to the length of experience, acquaintance with the person or matter as to which the opinion is expressed, or other means of knowledge of the deponent.
Striking out scandalous matter :--The Court may suo motu, or on application order to be struck out from any affidavit any matter which is scandalous and may order payment of costs of the application, if any, filed for that purpose.
Documents referred to in affidavits :-- Documents referred to in affidavits shall be referred to as exhibits and shall be marked in the same manner as exhibits admitted by the Court and shall bear the certificate in Form No.16 which shall be signed by the officer before whom the affidavit is taken.
Cross-examination on affidavit :--The Court may at any time direct that any person shall attend to be cross-examined on his affidavit.
Form of Interlocutory Application :-- Interlocutory applications shall be headed with the cause title of the plant, original petition, or appeal, as in Form No.13.
Contents thereof :--Except where otherwise provided by these Rules or any law for the time being in force, an Interlocutory Application shall state the provision of law under which it is made and the order prayed for or relief sought in clear and precise terms. The application shall be signed by the applicant or his Advocate, who shall enter the date on which such signature is made. Every application in contravention of this Rule shall be returned for amendment or rejected.
Separate application for each distinct prayer :--There shall be separate application in respect of each distinct relief prayed for. When several reliefs are combined in one application, the Court may direct the applicant to confine the application only to one of such reliefs unless the reliefs are consequential and to file a separate application in respect of each of the others.
May be rejected if substantive order is not asked for :--Every application which does not pray for a substantive order but prays merely, that any other application may be dismissed, and every application which prays for an order which ought to be applied for on the day fixed for the hearing of any suit, appeal or matter, may be rejected with costs.
Out of order petition :--Whenever it is intended to move the application as an urgent (out of order) application, the copy of the application served on the Advocate or the party appearing in person shall contain an endorsement stating that the application is intended to be moved as an urgent application on the day specified in the endorsement.
Service of notice :--(1) Unless the Court otherwise orders, notice of an interlocutory application shall be given to the other parties to the suit or matter or their Advocate not less than three days before the day appointed for the hearing of the application.
(2) Such notice shall be served on the Advocate whenever the party appears by such Advocate.
(3) Notice of the application may be served on a party not appearing by Advocate by registered post to the address given in the pleading acknowledgment pre-paid and in the event of its non-service on the party by means of summons to be delivered to the party or in the event of the party being absent of refusing to receive the same, affixture at h
Copies to opposite party :--y interlocutory application shall be supported by an affidavit and true copies of the application, affidavit and the documents, if any, which the applicant intends to use or on which he intends to rely, shall be furnished to the opposite party or his Advocate, unless otherwise ordered, not less than there clear days before the hearing date.
Proof of facts by affidavit :--fact required to be proved upon an interlocutory proceeding shall unless otherwise provided by these Rules or ordered by the Court, be provided by affidavit but the Judge may, in any case, direct evidence to be given orally, and thereupon the evidence shall be recorded, and exhibits marked, in the same manner as in a suit and lists of the witnesses and exhibits shall be prepared and annexed to judgment.
Original petition should state Act or Authority under which it is presented :--(1) The Rules relating to suits shall mutatis mutandis apply to Original Petitions unless a contrary intention appears from the rules governing such petitions made under the Special Acts.
(2) An original petition shall, in addition to the particulars required by Rules 9, 10 and 11, also state the Act, or other authority, under which it is presented, as in Form Nos.5 and 6. If it is not intended to serve any person with notice of the petition, it shall be so stated, and the petition shall be headed, as in Form No.6, but if the Court directs any person to be made a party, the cause-title shall be amended, and shall be in Form No.1.
Applications under Sections 340, 341 and 343 of the Code of Criminal Procedure :--Every application made to a Civil Court under the provisions of Section 340, 341 and 343 of the Code of Criminal Procedure shall be registered as the interlocutory application.
Application for transfer :--An application for transfer of a suit, appeal or other proceeding from one Court to another shall be made by Original Petition entitled in the matter of the pending suit, appeal or other proceeding as in Form No.17. Notice of the application in Form No.18 shall be issued and served on the other parties to the suit, appeal or other proceeding :
Provided that if under Section 24 of the Code, the District Court transfers a suit, appeal or other proceeding of its own motion and without giving notice in the first instance, it shall record in writing its reasons for dispensing with such notice and shall direct the Court from which it has been transferred to intimate the parties or their Advocates about the transf
Affidavit in support :--(1) Every application for transfer shall be supported by an affidavit stating the respective residences of the several parties to the suit, appeal or other proceeding, the places in which the several portions of the subject-matter of such case are respectively situate, and the several jurisdictions within which the said residences and places are respectively situate, and any other facts on which the application is based.
(2) A separate application supported by an affidavit shall be presented in respect of each case of which a transfer is sought, and the Court shall, in each case, record in writing its reason for the order.
Registering suits received by transfer :--The Courts to which a suit, appeal or other proceedings is transferred shall note the old number and the date of institution in the relevant register within brackets and when acknowledging the receipt of the records shall intimate to the Court, from which the case was received on transfer, the new number given to the same.
Preparation and publication of Special list :--(1) On completion of the preliminary stages of suit or other matter, the Court shall obtain the required information from the Advocates or parties to enable it to estimate the probable length of the hearing and then post in the hearing book to particular dates.
(2) When the cases so posted are called on the dates, the Advocates or the parties shall report whether there is any case of compromise or death of parties and the like. Then a list known as the "Special List" of ready cases shall be prepared at the beginning of every month. For each day of the following month, postings shall be made with sufficient number of contested suits, uncontested suits and other matters that can be expected
Cause-List :--(1) Every Court shall paste on its notice board a cause-list of suits, petitions, applications, appeals and other matters to be heard on the next working day setting out the serial number, short cause-title of each case and the names of the Advocates.
(2) Unless the Presiding Officer otherwise orders, the cases shall be called on the day and in the order in which they stand in the list.
Cases ready to be posted according to their order :--Unless the Judge otherwise orders, every case ready for disposal shall be posted and taken up according to its order on the file of the Court.
Exception (1) :--Any suit or proceeding for the prosecution or defence of which a person in the service of the Government of the Union or of any State or a person subject to the Air Force Act, 1950 or the Army Act, 1950 or Navy Act, 1957 has obtained leave of absence, shall, on his application, be taken up and disposed of, as far as possible, within the period of such leave.
Exception (2) :--In order to clear off arrears and to save the time of the Courts by reducing the number of applicatio
Issue of Summons or Notice :--In any proceeding in which summons or notice is to be issued by the Court to any person, the party presenting the plaint, memorandum of appeal, cross-objection, or application shall also bring into Court along with it a duly stamped application for service together with a sufficient number of copies of the plaint, concise statement; memorandum of appeal, cross-objection, or application and affidavit in support thereof for service on the party concerned along with the summons or notice.
The copies above referred to shall show the date of presentation of the original and the name of Advocate, if any, who presented the same.
Parties to file process forms duly filled up :--(1) In all cases where processes of the nature of summonses or notices (including notice of an Interlocutory Application) have to be issued, the parties or their Advocates on whose behalf such summonses or notices are issued, shall file with their applications for the issue of processes, the appropriate forms of processes, as prescribed in the Code or under those rules or any other law applicable to the case, in duplicate legibly filled up, together with the prescribed process fees. However the date of appearance and the date of the process shall be left blank.
(2) In the case of summons, the combined form as in Form No.19 shall be used and the party or his Advocate shall leave the porti
Contents of Process :--The process issuing officer, before issuing a process, shall satisfy himself that full description of the persons for whom the process is intended of in respect of whom or whose person or property it is issued, is entered therein as will enable the process-server without risk of mistake to identify such person or property. When such description is not furnished by the person moving the Court to issue the process, the orders of the Court shall forthwith be taken by the issuing officer.
Language of Process :--(1) The processes of the Court shall be in the Language of the Court in the prescribed forms.
(2) Processes sent for service at any place where the language is different from that of the Court issuing them shall be accompanied by translation in the language of such place or in English.
(3) Processes issued to Army, Navy or Air Force personnel shall be in English and if the forms in the language of the Court are used, they shall be accompanied by translation in English.
Payment of Process Fee :--Except is so far as is otherwise provided by any law or rule or ordered by the Court, no process shall be drawn up or issued for service until the prescribed fee has been paid in the form of Court Fee Stamps.
Process sent to or received from other Courts :--(1) When a Court sends a process for service to any Court beyond its jurisdiction, it shall endorse on the process a certificate that the prescribed fee has been collected.
(2) When a process bearing a certificate that the prescribed fee has been collected is received by a Court from another Court in the Union of India the Court shall cause to be served without further charge.
Process to other Courts :--Any process intended to be served by another Court either within or without the State shall be sent direct to the Presiding Officer of the concerned Court (not being the High Court) by designation and not to the Nazir or Deputy Nazir. The Court to which summons or other process has been sent for service shall make a return within the time fixed for the hearing of the cause, stating whether service has been effected or not and if not, the reasons for the non-service.
Address for service :--(1) Every party who intends to appear and defend any suit, appeal or original petition, shall, before the date fixed in the summons or notice served on him as the date of hearing; file in Court a proceeding stating his address for service.
(2) Such address for service shall be within the local limits of the Court in which the suit, appeal or petition is filed, or of the District Court in which the party ordinarily resides.
(3) Where a party is not found at the address given by him for service and no agent or adult member of his family on which a notice or process can be served in person, a copy of the notice or process shall be affixed to the outer door of the house and
Method of Service :--(1) The Serving Officer shall see that the person who accepts service of the process corresponds with the description given in the process. Where the signature in token of acceptance differs from the name given in the process, the discrepancy shall be explained.
(2) Where the process is served on some person, other than the person named therein, who accepts the process on his behalf, it shall be stated whether such person is an adult member of the family and living with him.
(3) Where service is accepted by an agent, it shall be stated whether such person is duly authorised to accept service.
(4) Where a person refuses to accept th
Return of service :--(1) The return of the Serving Officer shall state the manner in which the process was served and the place, and day, and month of service, and also whether he is personally acquainted with the person served, and if not, by whom such person was identified.
(2) If the person to be served refuses to sign the acknowledgment of service, the return shall state that he was informed of the nature and contents of the process, and, in the case of a plaint, that, upon applying to the officer of the Court, he could obtain a copy, or concise statement of the contents of the plaint.
Verification of return :--(1) The return of service shall be verified by an affidavit of the Serving Officer. All Nazirs and Deputy Nazirs are authorised to administer the oath to and to take the affirmation of any process-server.
(2) If the process-server is not personally acquainted with the person to be served, the return shall be supported by a verification at the foot thereof made and signed either by a Village Officer or by a respectable person who identifies him; and in the latter case, the full name and address of such person shall be set out in the verification.
Particulars on return of service :--The Court to which the summons has been sent under Order V, Rule 21 shall retransmit it to Court by which it is issued together with:
(a) The Nazir's return and the affidavit or examination on oath by the Serving Officer:
(b) The record of further enquiry, if any, by such Court;
(c) In case, where the process has to be returned to any Court outside the State and the return is not in English or in the Language of that Court the proceedings in Form No.10, Appendix-B, Schedule-I of the Code with which it is sent back to the Court shall be accompanied by a translation of the return into English.
Service by Affixture :--If a process is affixed to the outer door of a house, in the absence of the person to be served, the serving officer shall make an affidavit as to the following matters :--
(1) The number of times and the dates and hours at which he went to the house;
(2) The attempts made by him to find the person to be served;
(3) Whether he had any, and what, reason to suppose that such person was within the house or its neighbourhood, or endeavouring to evade service; and
(4) Whether any adult member of the family of the person to be served was residing with him and why the service could not effe
Notice where summons is affixed to outer door :--If a summons to a plaint is affixed to the outer door of the house, the serving officer shall affix therewith a notice that the defendant can, upon application to the officer of the Court, obtain a copy of a concise statement of the contents of the plaint, and shall in his return state that he has done so and shall return the plaint or concise statement to the Court. If the summons has been sent by another Court for service and the defendant does not, within fourteen days from the affixing of the summons apply for the said copy it shall be returned to the said Court.
Summons to Public Officers :--(1) A summons or notice to a public officer, other than an officer in the Army, Navy, or Air-Force, as defendant or as witness, shall ordinarily be sent for service to the head of the office in which he is employed in accordance with the provisions of Rule 27 of Order V. In fixing the time for the attendance of a Public Officer the fullest consideration may be given to the exigencies of the duties of the Officer summoned.
Explanation :--'Public Officer' for the purpose of this chapter includes every employee in the service or pay of local authority or of Indian Railways or of a Corporation engaged in any trade or industry which is established by a Central or State Act or of a Government Company as
Summons to Soldiers :--(1) A summons to a Public Officer or other employee in the Army, Navy or Air Force of the Union of India as defendant or as witness, shall be sent for service to his Commanding Officer in accordance with the provisions of Rule 28 of Order V. In such cases, sufficient time shall be given to admit of arrangements being made for the relief of the person summoned.
(2) The summons shall contain adequate particulars of the person summoned including the name of the unit and its postal address. If the actual location of the unit, engaged in operational rule, is not, divulged for security reasons then the summons may be addressed as "Care of New Delhi, 56 Army Post Office".
Process to Member of Parliament :--No summons or other process issued against Member of Parliament or of the State Legislature, shall be sent for service to the Presiding Officer of the House or the Secretariat of the Parliament or of the State Legislature. Such summons or process shall be served direct upon the Member outside the precincts of the House of Parliament or of State Legislature as the case may be :
Provided, that in case of urgency such summons or process may be served on any Member within the precincts of the House after obtaining the permission of the Speaker or the Chairman as the case may be.
Letter or Request :--The provision of Order V, Rule 30 of the Code of Civil Procedure allowing the substitution of a letter for a summons shall be applied in case of all Judicial Officers, Justices of the Peace, Presiding Officers of Parliament or State Legislature or Chairmen of Committees thereof or any other person who is in the opinion of the Court, of a rank entitling him to such a mark of consideration.
Process for Service by Foreign Courts :--(1) Every process to be issued for service in a country outside the Union of India shall be drawn up in proper from in English, Type-written legibly, signed by the Judge, properly addressed and sealed. All documents to accompany the process, shall be translated in the language of the country concerned or in English.
(2) The original and duplicate of every process should be marked respectively with the words "For return" and "For service" and the Courts issuing the processes shall take special care to obtain and set out in each process as full and exact a description of the person to be served with address correctly spelt in full detail.
(3) The Court sh
Deposit of Expenses :--Before issue of a process to any Court outside India, the Court issuing the process shall require the party, at whose instance the process is issued, to pay such fee for service as is required by the Court to which the process is to be sent or as prescribed by the Government or by any other law or rule made for the purpose. In the case of summons to witnesses, a reasonable travelling and other expenses shall also be required to be deposited in advance.
Service on the Public Officer :--(1) Where the defendant is a Public Officer (not belonging to the Pakistan Army, Navy or Air-force) serving in connection with the affairs of Pakistan or is an employee in the Railways in Pakistan the summons may be sent for service to the Secretary to the Government of Pakistan in the Ministry of the Interior.
(2) Where such defendant is serving in connection with the affairs, of any other Government in Pakistan or under any local authority in Pakistan the summons may be, sent to the Home Secretary to that Government, or as the case may be, to the Home Secretary to the Government within whose territory the local authority has its jurisdiction.
Service on the defendant :--The summons and other processes issued by any Civil Court intended for service on a person, other than a Public Officer in Pakistan may be sent direct to the Court (not being the High Court) in Pakistan under whose jurisdiction he is residing.
Process of Pakistani Court :--The summons and other processes issued by any Civil or Revenue Court in Pakistan for service or any person residing within jurisdiction of the High Court of Andhra Pradesh and sent to any Civil Court having jurisdiction in the place where such person resides, shall be served by such Civil Court as if they were issued by the Indian Courts and the return of service shall be sent direct to the issuing Court in Pakistan.
Processes of other Countries :--(1) The provisions of the Code as to service within India or the Processes of Court situated beyond the limits of India shall apply not only to summonses to appear and answer but also to summonses to give evidence or to produce documents or other material objects.
(2) In case where there is a reciprocal arrangement under Section 29 of the Code the processes of other countries intended for service on any person within the jurisdiction of the High Court of Andhra Pradesh and sent to any Civil Court having Jurisdiction over the place where such person resides shall be served according to the procedure laid down in the reciprocal arrangement; and if no such procedure is laid down and also in cases where the
Summonses to witnesses :--(1) A party who desires the attendance of any witness before the Court, or a Commissioner appointed to take evidence, shall bring into the Court, a list in Form No.20 of the persons whose attendance he requires, stating the full name, residence and description of each person and whether he is required to give evidence as an Expert or otherwise or to produce a document, and in the latter case, specifying the date if any, and description of the document so as to identify it.
(2) The party shall with such list, deposit into the Court the prescribed fees for service of summons and the total amount of the allowance to which the said persons are entitled for travelling attendance at the Court and, in case of an Exp
Classes of Witnesses :--(1) Ordinary witnesses shall be classed into three classes.
(a) First Class--persons whose annual income is Rs.20,000/- and above, Class I employees of the Government who are required to attend the Court in their private capacity.
(b) Second Class--all others who do not come under clause (a).
(2) The Allowances payable to the ordinary witnesses shall be calculated according to the scale set out below :
| Class of witnesses | By Rail | ||||
Numbering of witnesses :--(1) The witnesses examined for plaintiff or petitioner shall be numbered consecutively in the order in which they are examined and be referred to as PW1, PW2 and so on.
(2) Witnesses examined for defendant or opponent shall, similarly, be numbered as DW1, DW2 and so on.
(3) Where there are several plaintiffs or defendants, the witnesses called by each party shall not be numbered separately but continuously, as if all had been called by single plaintiff or defendant.
(4) Witnesses examined as Court witnesses shall be indicated as 'CW' and be serially numbered in the order in which they are examined.
Witness given up :--If the party at the trial dispenses with the examination of any witness who is in attendance, the party or his Advocate shall sign and file a memo into Court to the effect that the witness has been given up.
Allowances of Public Officers :--(1) In case where a Public Officers is summoned as a witness in a suit which the Government is a party the total amount of allowances to be deposited by the party, other than the Government, applying for summons shall be in accordance with Order XVI, Rule 4(A)(2) of the Code.
(2) In cases where an employee of the Central Government or Railways is summoned in his official capacity as a witness in a suit to which the Government is not a party, the total amount of allowances to be deposited by the party applying for summons shall be in accordance with Order XVI, Rule 4-B of the Code.
Certificate of Attendance :--(1) The Public Officer attending the Court as a witness shall produce a certificate duly signed by the Head of Office showing the rules of travelling and other allowances admissible to him as for a journey on tour as required in Rule 4-B(2) of Order XVI of the Code.
(2) Such Officer shall be issued a certificate by the Court that he has attended in his official capacity stating the date of his appearance, the period during which he has attended the Court and that he received no payment from the Court.
Remuneration to Expert or Scientific Witnesses :--Where an Expert or Scientific witness other than the Government Examiner of Questioned Documents is summoned, he may be allowed such fees not less than Rs.10, or more than Rs.200 as the Court may fix, and such allowance not less than Rs.10 or more than Rs.30 per diem as the Court may fix for attending the trial of hearing. In addition, the witness shall also be entitled to the travelling allowances prescribed for ordinary witness of his class.
Expert evidence :--(1) Where a party desires the examination of a finger print or hand-writing or other disputed document by the Government Examiner of Questioned Documents at Hyderabad or Simla as the case may be, that party shall deposit into the Court such amount as may be prescribed by the Government from time to time for that purpose including the travelling expenses.
(2) The party or his Advocate desiring the Expert's opinion shall file in the Court a memo of instructions in duplicate detailing the writings or finger prints disputed and admitted and points on which opinion is required.
(3) All Exhibits forwarded to the expert for his opinion shall be sent by registered post and not by or
Application for directions :--Any party may, at the first hearing, apply to the Court for directions or the Court may, suo motu issue directions as to any of the following matters:
(1) The filing of a written statement by any party, stating the pleas raised by him or further and better particulars thereof;
(2) Adding or striking out parties;
(3) Discovery of documents and interrogatories;
(4) Inspection or production of any document or public record;
(5) Issue of a commission to examine witness, or for any other purpose;
(
Production of documents :--(1) All the parties including defendants, shall produce along with a list at or before the settlement of issues in the suit, all the documentary evidence of every description in their possession or power on which they intend to rely and which has not already been filed in the Court. The said list shall be in Form No.7, and shall be signed and verified by the party filing the same or his Advocate and a copy of the list together with a copy of each of the documents shall be served on the other side before filing in the Court unless otherwise ordered by the Court.
(2) The Court shall not ordinarily receive any documentary evidence in possession or power of any party which should have been but has not been produ
Examination of parties etc. :--The Courts, before framing issues shall, as far as expedient, follow the essential preliminaries contained in Orders X, XI and XII of the Code which gives the Courts the extended issues in the matter of examination of parties, discovery, and inspection and obtaining admissions at appropriate stages. In comparatively big and complicated cases the Court may, after the documents have been lodged in the Court, allow atleast one date for the aforesaid purposes.
Interrogatories :--(1) A party who desires to administer interrogatories to any other party, shall, on presenting or making his application for leave to deliver the same, bring into Court two copies of the proposed interrogatories, and the fees prescribed for service of processes. If leave is granted, one of the said copies shall be filed on record, and the other shall be served by the officer of the Court.
(2) If a party objects to answer any interrogatory he shall state briefly the grounds of his objection in his affidavit in answer to the interrogatories.
Application of provisions :--The Presiding Officers shall invariably frame the issues by themselves after perusing the pleadings and documents and after obtaining relevant information from the parties. The provisions of Rules 1 and 2 of Order X, Rule 1(5) of Order XIV shall be used extensively and the provisions relating to discovery and inspection and admission of documents in Orders XI, XII and XIII at appropriate places as frequently as possible.
Framing of Issues :--In framing of issues the Court shall proceed as follows:
(1) Every material proposition of fact and every proposition of law, which is affirmed by the one side and denied by the other, shall be made the subject of a separate issue.
(2) Every issue of fact shall be so framed as to indicate on whom the burden of proof lies.
(3) Every issue of law shall be so framed as to indicate, either by a statement of admitted or alleged facts, or by reference to the pleadings or some documents mentioned therein, the precise question of law to be decided.
(4) No proposition of fact which is not itself
Form of Issues :--The issues framed by the Court and any order passed upon any application under Rule 101 shall be drawn up in Form No.21 and shall form pat of the record in the suit; and all parties shall be entitled to inspect the same and to obtain copies thereof.
Adjournment to be a day certain :--(1) On the date finally fixed for hearing of a case, the trial shall begin and the evidence of witnesses be recorded from day to day until the trial is completed.
(2) All Adjournments shall be to a day certain, as far as possible, and the day shall be fixed with regard to the convenience of the parties and the business of the Court. Adjournments shall not ordinarily be granted except for really good and sufficient cause.
(3) Upon an application for an adjournment, the Court shall consider the interests of all parties, the particular circumstances of the case and the business of the Court posted for that day. The absence of the Advocate of the party or want of
Notice of adjournment :--(1) Any party desiring an adjournment may give notice in writing to the other party, or his Advocate, of his intention to apply therefor in advance before the date fixed for hearing.
(2) Any party who desires that the hearing may be advanced, may apply therefor by Interlocutory Application of which notice shall be given to the other party.
(3) The party served with notice may give to the other party, or his Advocate, a notice in writing that he consents to, or will oppose such adjournment or advancement.
(4) Every application for adjournment or advancement of hearing of a case shall be made as soon as the Court sits for the day
Costs of adjournment :--Except where an adjournment is necessitated by the business of the Court, or by the act or default of any other party desiring an adjournment may be ordered to pay the costs thereof, including the expenses of re-summoning the witnesses if any, and the fee of the Advocate of the other party.
Proceedings not to be adjourned sine die or struck off the file :--No suit, appeal matter, or proceeding shall, under any circumstances whatever, be adjourned sine die or struck off the file; and if, by inadvertence, a day certain for the further hearing is not fixed by the Court, or a case is ordered to be struck off the file, the case shall be posted and come on for hearing one month from the day on which it was before the Court, or if, the Court is then closed, on the next day thereafter on which the Court is sitting :
Provided that in a suit for partition in which preliminary decree has been passed, the Court may adjourn the proceedings, sine die, with liberty any of the parties to whom shares have been allotted to apply for the p
Adjournment in consequence of application for commission :--If an application for the issue of a commission to examine a witness, with respect to any other matter mentioned in Rule 101 is made subsequently to the first hearing, and an adjournment of the final hearing is prayed, the adjournment shall not be allowed, unless it is made to appear to the Court that the application could not, or ought not have been made at the first hearing.
Evidence :--(1) At the top of every sheet used for recording evidence shall be written the name of the witness, his father's name, age, residence and occupation, the number of the witness and the case number.
(2) All additions, alterations, etc., in the deposition shall be attested by the presiding Judge.
Note :--Where the evidence is taken down in the presence and under the personal direction and superintendence of the Judge or from the dictation of the Judge directly on a typewriter and Judge shall sign or initial each page as soon as it is completed.
Translation of Evidence :--Where a witness gives evidence in a language not understood by the Court, the Court may get the evidence translated by an interpreter and pay him reasonable fees for his services: the costs being borne by the party calling the witness in the first instance and being charged as costs in the suit.
Marking of Exhibits :--(1) Exhibits admitted in evidence shall be marked as follows :
(i) If filed by the plaintiff or one of several plaintiffs, with the capital letter 'A' followed by a numeral A1, A2, A3, etc.,
(ii) If filed by the defendant or one of several defendants with the capital letter 'B' followed by a numeral B1, B2, B3, etc.,
(iii) If the Court exhibits with the capital letter 'C' followed by a numeral C1, C2, C3, etc.,
(iv) If third party exhibits, with the capital letter 'X' followed by a numeral X1, X2, X3, etc.,
(2) The exhibits filed by the sever
B-Diary and Judge's note :--(1) The Court shall maintain B-Diary in all contested Original suits, Small Cause Suits, and Execution Petitions in Civil Miscellaneous Form Nos.47, 46 and 49 respectively prescribed in Appendix III-L of Volume II, furnishing full information as to the several steps taken in the trial or execution.
(2) The Court shall make a note, in the proper order of time, of all material incidents such as the questions of admissibility of evidence and all other questions incidentally raised and decided in the ordinary course of trial so that the Appellate Court may have a complete record of such matters as well as of the evidence taken.
Inspection of documents by Strangers :--An application for inspection, or copies of records or documents of, or in the custody of Court other than records or documents filed in a suit, appeal or matter, to which the applicant is a party, shall be made to the said Court by an application, entitled in the suit, appeal, or matter in which the records or documents are filed, and specifying the particular records or documents, of which inspection is, or copies are required, by reference as far as possible to the nature, date, and the date of filing of and the parties, to each record or document. The application shall be supported by affidavit stating whether the applicant has any, and what interest in the subject-matter of the document or of the proceeding in which the record or documents is filed,
Notice of application for inspection :--The Court, may, in its discretion, cause notice of the application to be given to the parties to the said proceedings; and where such notice is given, the provisions of the Code and of these Rules with respect to summons to a defendant, shall apply to the said notice.
Consent to inspect or obtain copy :--The Court shall not grant leave to inspect, or to obtain a copy of any record or document produced by a person not a party to the proceedings in which the same is filed, or to the discovery of which any person is entitled to object except in either case with the written consent of such person.
Inspection and fees for same :--If a leave to inspect is granted, the inspection of the record shall be made in the presence of Record-Keeper or of a responsible official of the Court designated for the purpose by the Presiding Judge and the fees for inspection, except where an inspection is allowed fee, shall be Rs.1.25 ps. for every hour or part thereof during which the Court official is engaged and shall be paid by the Court Fee Stamps affixed to the application.
Extracts not to be taken :--(1) The payment of inspection fees shall entitle the applicant to peruse any document or record specified in his application and the inspection of which has been allowed by the Court or have it read to him. He may make a short memorandum of the date and nature of any document in the record so as to enable him to describe it sufficiently in case a copy is required but he shall not be entitled to make a copy of the document or part of the document or verbatim extracts therefrom. If he requires copies, he may apply for them as provided in the Rules for certified copies.
(2) When a person is entitled to inspect a proceeding or document, the search thereof shall be made by the officer of the Court; and such pers
Search Fee :--On every application for inspection or for copy of any document or record, there shall be paid (in Court-Fee Stamps) in addition to the usual fee on such application, an additional fee of Rs.2 for search of the document or record :
Provided that no such fee need be paid by a party to the suit or proceeding where the application for inspection or for copy is made in a suit or proceeding which is pending disposal on the date of the application, or which has been disposed of within one year prior to the date of application.
Explanation :--For the purpose of this Rule, a suit shall be treated as pending till a final decree, if any, is passed therein, and an appeal shall
Inspection of exhibits :--If any party or his Advocate desires to inspect any exhibit, he shall do so in open Court, at the hearing of the suit or matter :
Provided that ,with the leave of the Judge, such inspection may be had in the presence of an officer of the Court, to be named by the Judge.
Furnishing of copies to other party :--A party or Advocate, filing any proceeding shall furnish free charge a copy of the same to each party appearing by a separate Advocate.
Name and address for service to be endorsed on copy :--The name and address for service of the party or Advocate by whom any copy is furnished shall be endorsed thereon, and the party or Advocate shall be answerable for the same being a true copy of the original, or of a certified copy of the original, of which it purports to be copy, as the case may be.
Refusal or neglect to furnish copy :--In case any party or Advocate either refused or neglects to furnish the copy, the person entitled to the copy shall be at liberty to procure a certified copy from the Court and in such case the party in default shall unless the Judge otherwise orders, be liable for the costs of procuring the same.
Production of records in the custody of a Court :--(1) An application for the production of records in the custody of a Court shall specify the particular document required to be produced. Unless it is made to appear to the Court that the production of the original document is necessary, the party shall be required to obtain and file copies thereof and the original shall not be sent for. If the Court dispenses with the affidavit mentioned in Order XIII, Rule 10(2) of the Code of Civil Procedure, it shall record in writing the reasons for so doing.
(2) When a Court finds it necessary to require the production of the records of another Court, either within or outside the State, it shall address a Letter of Request as in Form No.22 direc
Production of records in the custody of a Public Officer other than a Court :--(1) A summons for the production of records in the custody of a Public Officer other than a Court shall be in Form No.23 and shall be addressed to the Head of the Office concerned and in the case of a summons to a District Registrar or a sub_Registrar of Assurances, it shall be addressed to the Registrar or sub_Registrar in whose office, or sub_office, as the case may be, the required records are kept :
Provided that, where the summons is for the production of village accounts, including filed measurement books, such summons shall be addressed to the Tahsildar or the Deputy Tahsildar in independent charge as the case may be;
Copies of public documents :--When a party to a suit to proceeding seeks to obtain a certified copy of a public document for being filed into Court in that suit or proceeding, he may apply to the Court wherein the suit or proceeding is pending for the issue of a certificate to enable him to obtain such copy from the appropriate authority, and the Court shall, on being prima facie satisfied that the production of the certified copy in the suit or proceeding is necessary, issue to the applicant a certificate to that effect.
Return of documents :--(1) Applications for the return of documents filed in Court shall be made to the Court in which they were originally filed. If any document has been transmitted to any other Court, the former Court shall itself apply to such Court for the transmission of the document and shall return it to the applicant.
(2) The appellate Court shall retain copies of the trial Court's judgment and decree as an adequate record of the judicial proceedings so long as the destruction Rules prescribe the retention of Part 1 records and not return to the party under Rule 9 of Order XIII after the disposal of the appeal.
Return of Original documents :--(1) Whenever an original document has been produced from the custody of a Court or a Public Officer, the Court shall, unless it seems fit to proceed under Rule 8 of Order XIII, return it to the custody from which it was produced, without any application for its return under Rule 7(2) or Rule 9 of Order XIII of the Code.
(2) All the valuable permanent records such as registration volumes shall be returned through a responsible person of the Court and not by post or by Railway Parcel.
(3) The provisions of the Destruction of Records Act (Central Act V of 1917) and the Rules made thereunder shall not apply to such a document until it has been returned to the Court
Deposit for postage :--If a record (not falling within the provisions of Article 11(c) of Schedule II of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956) or document is required to be sent by post, the Court may direct the applicant to deposit in Court sufficient Court Fee Stamps to defray the postage of the same to, and from the Court. Unless the Court otherwise orders, the costs of, and incidental to, an application for production of records which are material and relevant to the case, or which are present for by the Court of its own accord, shall be costs in the case.
Application for commission :--Every application for the issue of a commission shall state grounds thereof and shall be supported by an affidavit setting forth the length of time that the execution of the commission is likely to occupy, the details regarding the locality where the commission is to be executed and its distance from the Court, the estimated expenses of the commission, and the remuneration, if any, of the proposed Commissioner: and in the case of commission for local investigation or to examine accounts, mesne profits etc., the specific points on which the enquiry is desired.
Commissioner's fees :--(1) If the application for the issue of a commission is granted, the Court shall, after consulting the parties or their Advocates fix the amount of Commissioner's fees and expenses and direct payments thereof into Court: and the commission shall not be issued unless the sum fixed by the Court is paid into Court within the prescribed period :
Provided that the Court may, from time to time, on the application of or party or the Commissioner, direct that any further sum be brought into Court by any party.
(2) Process fees shall be collected for serving orders of appointment of Receivers and Commissioners as per Item II of Schedule of process fees.
Return of Commission :--Every order for the issue of a commission shall specify the date or several dates within which the return of the Commissioner and the objections of the parties thereto shall respectively be filed in Court, and the suit or matter shall be adjourned to a fixed day.
Appointment of audit :--If the Court finds that the books of account have been regularly and properly kept, and correctly represent all the dealings and transactions in question, the Court may appoint a Commissioner to audit the accounts and vouch the items thereof, and to prepare a statement of account and balance sheet, as in Form No.34.
Declaration by Court :--If the Court finds that any items have been included in the books of accounts which do not form part of the transactions in question, or are not properly chargeable to any party, or that any transactions have not been included in the said books, it shall declare generally the nature of the transactions or items to be excluded or included in taking the accounts, as in Form No.35, and the Commissioner shall be empowered to state what, in his opinion, should be allowed or disallowed in these respects, as in Form No.36.
Report of Commissioner :--The Commissioner shall make his report in the manner prescribed by Form No.37 and shall annex thereto a statement of the proceedings he had before him, together with lists of the witnesses examined and exhibits marked by him. If he is empowered to state his opinion on the matter referred to him, he shall append to his report schedules setting out the several contested items allowed or disallowed by him, and stating shortly his reasons for so doing, as in the said Form.
Consideration by Court :--At the adjourned hearing of the suit, the Court shall consider the objections, if any, of the several parties to the statement of account and balance sheet or to the report of the Commissioner and may, if necessary, direct any party to bring in a fresh account and balance sheet, or refer the report to the Commissioner, with fresh directions, as to the manner of vouching or taking the accounts.
Fees for execution of Foreign Commissions :--(1) For execution of a commission letter of request issued under Rule 19 of Order XXVI of the Code at the instance of Foreign Tribunals, a sum of Rs.100 towards the fees and Rs. 25 towards the expenses of the witness of such sum as the High Court may fix in the order shall be collected from the Court at whose instance the commission in question has been issued.
(2) The scale of fees will be the same for the examination of witness whether the commission is executed by the Court or caused to be executed by a Commissioner. If the commission is executed by the Court, the fees shall be credited to the State Government.
(3) Such commissions shall be duly
Time for delivery of judgment :--(1) The Court shall normally except in Small Cause suits and other cases of simple nature where judgment shall be delivered immediately or the next day, deliver judgments within fifteen days of the day on which judgment was reserved.
(2) The fair copy of the judgment required for the record in Court shall be prepared within five days of the date on which judgments will be required only in contested suits.
Note :--In the case of Small Cause Suits 'Fair' judgments will be required only in contested suits.
(3) Where a party applies for a typewritten copy of the judgment immediately after the pronouncement of
Form of judgments :--(1) The judgment of the Court shall be headed with the full cause-title of the suit, appeal or matter, the name of the Judge, and the date on which it was passed, and shall state the names of the parties or their Advocates who appeared at the hearing and be drawn up in consecutive numbered paragraphs and shall also state the dates on which the case was heard as in Form No.24 and a list of exhibits filed and witnesses examined shall be annexed thereto.
(2) The judgment and final order in matters other than suits or appeals including contested Interlocutory Applications, Execution Petitions and Execution Applications, shall be drawn up in the same manner as the judgment and decree in a suit.
Form of decree and time for preparation :--(1) Every decree shall be headed with the full cause-title of the suit, appeal or matter, the name of the judgment and the date on which it was passed and shall state the names of the parties, their description and registered addresses together with the names of the Advocates who appeared at the hearing and shall be drawn up in consecutive numbered paragraphs as in the appropriate forms prescribed in Appendix-D to the Code with necessary modifications.
(2) Every decree shall ordinarily be drawn up within one week of the date on which judgment is pronounced. The decrees in intricate or important cases may be shown to the advocates concerned before they are finally drawn up.
Statement of Registration District in Decree or an Order in a claim petition as to immovable property :--Every decree or an order in a claim petition with respect to immovable property shall state, as part of the description thereof, the registration district, taluk Municipal Corporation or Municipality in which the same is situate, and there shall be annexed to the decree, a statement of the particulars mentioned in Form No.8, certified by the Officer of the Court; and a copy thereof shall be furnished to every party applying for a copy of the decree.
Form of particulars of claim :--The particulars of the claim to be inserted in the register of civil suits, and in the decree or order, shall follow as far as possible the form of concise statement given in Form No.25 and shall contain the amount or value of the claim, and the date when the cause of action accrued.
Specification of periodical payments :--Where periodical payments are directed, the decree or order shall specify the date of the first payment, and the day of each month or year on which the subsequent payments are to be made, as in paragraph 5 of Form No.2 of Appendix III-D.
Form of decree when application is under Order XXI, Rule 11 :--When, after the passing of a decree for money, an application is made under Order XXI, Rule 11(1) of the Code, the decree shall be made in the Form No.26.
Decree or order for cancellation of registered instrument :--Where any instrument effecting immovable property registered under the Registration Act, 1908, is set aside, discharged or cancelled by an order or decree of a civil Court, the Court shall forthwith cause a copy of the decree or order drawn upon plain paper to be forwarded to the registering officer :
Provided where such order or decree is modified, set aside or reversed, copies of further orders or decree shall also be forwarded to the registering officer.
Setting aside ex parte decree where money or property recovered under same :--An order, setting aside an ex parte decree or order, under which a party has recovered any money or property, shall ordinarily direct the same to be brought into Court, or possession thereof to be delivered to a receiver, pending the final disposal of the suit or matter, as in Form No.27. If a decree is then passed dismissing the suit or matter, it shall be drawn up in Form No.28.
Appellate decree reversing lower Court decree where money or property is recovered :--The decree of an appellate Court reversing the decree of a lower Court under which money or property has been recovered shall direct the repayment of the amount, or delivery of possession of the property recovered, as in Form Nos.29 and 30.
Several appeals against same decree :--If more than one appeal is made against the same decree, the appeals shall, if possible, be heard together and one decree only shall be drawn up which shall be headed with the cause titles of the several appeals.
Reference to High Court :--When a case is referred under Order XLVI, Rule 1 of the Code, the Court shall require the applicant to bring into Court stamps requisite for service on notice on himself and all other parties to the suit or appeals, or if the reference is made on the motion of the Court, the Court shall require each party to bring into Court, stamps required for service on himself and shall transmit such Court-Fee Stamps with the statement of the case.
Production of certificate of receipt of fee except in certain cases :--Unless the Court otherwise orders, and except in the case of an Advocate appearing on behalf of the Government or of a public servant whose defence is undertaken by the Government or of the agent of the Court of Wards, no fee shall in any case be entered as recoverable in a decree or order except on production of a certificate, signed by the Advocate that he has received such fee.
Explanation :--The fact of a promissory note or other agreement to pay the fee having been given or made by the client does not entitle the Advocate or pleader to certify that he has received the fee.
Statement of costs :--(1) Each party shall within five days from the date of judgment or order or such further period as may be allowed by Court, bring into Court the certificate mentioned in the preceding rule and a statement in the forms contained in Appendix-D Form Nos.1 and 2 and Appendix 'G', Form No.9 to the First Schedule to the Civil Procedure Code, 1908 (Central Act V of 1908) and signed by him or his Advocate, if any, of the costs and expenses incurred by him, and may include therein the costs of :--
(i) issuing notice before the institution of the suit not exceeding rupees thirty;
(ii) preparation of process;
(iii) making or getting copies
Costs when set-off allowed :--If a defendant is allowed a set-off claimed by him, the Court may, in its discretion, allow costs to the plaintiff in respect of the suit, and to the defendant in respect of his set-off. The total amounts of the said costs respectively shall be inserted in the decree or order, and shall be set-off against one another, and the decree or order shall direct payment of the balance to the party to whom the same is due, as in Form No.31.
Proportionate Costs :--In cases in which the Court directs that the plaintiff or defendant/appellant or respondent to pay and/or receive proportionate costs; the whole costs incurred by each party, including Court-fees. Advocate's fees, batta etc., shall unless the Court otherwise directs, be ordered to be paid and/or received in the proportion in which the parties have respectively failed or succeeded.
Notice of application for leave to withdraw :--Note of an application for leave of withdraw from a suit, matter, or appeal, shall be given to all parties who have appeared at the first hearing, or, if the application is made before the first hearing, then to all parties who have filed on appointment of an Advocate.
Order of application for leave to withdraw :-- Unless the Court otherwise orders, an order under Order XXIII, Rule 1 of the Code permitting a party to withdraw a suit, matter or appeal, shall be made conditional upon payment of the costs of the defendant or respondent as in Form No.32 and, if the respondent has filed a memorandum of objections; leave to withdraw shall be granted only, with the consent of the respondent, or upon the condition that the said objection be allowed, and the decree or order appealed against be varied accordingly.
Direction as to taking accounts :--If, in any suit or matter, it is necessary to take an account, the interim decree shall specify the nature of the account and the date from which it is to be taken, and if the account is to be taken by the Court, shall direct by whom a statement of account is to be filed, and limit the periods within which statement of account, objection and surcharge shall respectively be filed in Court, as in Form No.40. The suit or matter shall then be adjourned to a fixed day.
Form of statement of account :--(1) A statement of account shall be in the form of a debtor and creditor account and shall be verified by the affidavit of the counting party or his agent. The items on each side of the account shall be numbered consecutively, and a balance shall be shown.
(2) A statement of objection to an account, or to the report of a Commissioner, shall specify the items to which objection is taken by reference to their number in the account or report, or the date of the item and page of a particular book of account, or otherwise as in Form No.33.
(3) A statement of surcharge shall specify the amount with receipt of which it is sought to charge the accounting party, the date
Inspection by parties :--Every party to the suit or matter shall be at liberty to inspect and take notes of a statement of account, balance sheet, statement of objection and surcharge, or report of proceedings of a Commissioner, when filed in Court.
Passing of accounts by Court :--On the adjourned hearing the Court shall consider the objections and surcharges made and determine the amount due.
Extension of time to file statement of account :--If any party has not filed the statement of account or of objection and surcharge within the period limited, the Court may from time to time extend such period or direct any other party to file statement of account, or proceed to decide the suit forthwith on the evidence before it. Evidence shall not be admitted with respect to an objection or surcharge not included in statement of objection or surcharge.
Periodical filing :--When a person is directed to file his accounts periodically, the Court shall fix the dates in each year before which his statement of account and balance sheet are to be filed and on which the same will be considered by the Court.
Memo of Appeal :--The memorandum of appeal shall specify, concisely and under distinct heads, the grounds of objection to the decree appealed from the precise relief which the appellant proposes to ask the appellate Court to grant.
Appeals against orders :--All appeals arising against the Orders made on petitions under Special Acts such as (1) Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960; (2) Andhra Pradesh co_operate Societies Act, 1964 (3) Andhra Pradesh Municipalities Act, 1965, etc., shall be registered as Civil Miscellaneous Appeals and entered in the Civil Register No.4.
Transmission of records :--All the material papers in every suit or other proceedings in which an appeal has been made shall be transmitted to the Appellate Court immediately on receipt of intimation that an appeal has been registered and calling for records without waiting for the service or notice on the respondent.
Costs to be stated :--(1) The Court shall, in every case in which a finding is called for under Rule 25 of Order XLI of the Code, while returning its finding, certify at the foot thereof the amount of costs showing the items in detail incurred by each of the parties to the case.
(2) When a suit is remanded, a statement of the costs incurred in the Appellate Court shall be appended to its order.
Appeals against Interlocutory Order :--Appeals against interlocutory Order which held up the progress of suits or other proceeding in the trial Court, shall be given in precedence over the civil work other than that of a specially urgent nature and such appeals shall be disposed of expeditiously.
Judgment in Appeal :--The Appellate Court may formulate suitable points for documentations in appeals in accordance with the same principles on which issues are framed in the trial Court and record its distinct findings on all questions of fact as is sufficient to show that the Court has dealt with each ground of appeal.
Plaint or original petition on behalf of minor :--When a plaint or original petition is presented by a person as the next friend of a plaintiff who is a minor or under disability, he shall at the same time file an affidavit by some disinterested person that he has no interest, direct or indirect the subject-matter of the suit or matter, adverse to that of the plaintiff, that he is defendant or respondent in the suit or matter, and that he is a fit and proper person to act as next friend.
Appointment of guardian ad-litem :--If the plaintiff applies for appointment of a guardian ad-litem of a minor defendant, the shall give not less than six days' notice of the application to the father, or guardian, or custodian, of the minor.
Placing guardian in funds :--When a guardian ad-litem of a defendant, who is a minor, or a person under disability is appointed, and it is made to appear to the Court that the guardian is not in possession of any or sufficient funds for the conduct of the suit on behalf of the said defendant and that the defendant will be prejudiced in his defence thereby, the Court may, from time to time, order the plaintiff to pay through or in the presence of Court moneys to the guardian for the purpose of his defence, and all moneys so paid shall form part of the costs of the plaintiff in the suit. The order may be made conditional upon the guardian filing in Court his account of the money so received by him.
Parties :--In a suit for dissolution of partnership, or for an account of partnership dealings, all the partners, and all persons entitled to share in the profits of the partnership business, shall be made parties. The plaint may be as in Form No.38.
Inspection of books of account by parties :--If, at any time, it appears to the Court that any party has not had inspection of the books of account or papers of the partnership, either through his own neglect or the default of any other party, the Court may order the same to be produced for his inspection at the Court-house or other convenient place; and if any party alleges that the books of the partnership do not correctly set forth all the dealings and transactions of the firm, or contain items or transactions not proper to be included therein, the Court shall direct such party to file a statement giving particulars of the errors or irregularities complained of, as in Form No.39. The hearing of the suit shall then be adjourned, and the party in default may be ordered to pa
Impeachment of settled account :--If any party desires to impeach a settled account on the ground of error, he shall in his plaint or written statement, set out the specific errors or irregularities alleged by him, if on the ground of fraud, or of a mistake affecting the whole account, he shall in his plaint or written statement set out full particulars of the fraud or mistake alleged by him.
Interim decree where partnership and books admitted :--If at the first hearing of the suit, the partnership and the terms thereof, and the correctness of the books of account, are admitted, and it is only necessary to take an account the Court may at once pass an interim decree specifying the account to be taken, and the manner of taking the same.
Matters to be determined at hearing :--At the hearing of the suit the Court shall determine the persons who are partners of the firm, and who are entitled to share the profits thereof, and the proportions in which they are entitled to share profits and are liable for losses and also, whether the books of the partnership have been regularly and properly kept and correctly represent the transactions and dealings of the partnership, or if any allegations have been made in this behalf by any party, whether there are any errors or irregularities therein, or if any party has been guilty of fraud in respect thereof. If the Court finds that there are errors or irregularities in the accounts, or that fraud has been committed, it shall declare generally the nature of the said errors, o
Court to give directions as to taking accounts :--At the hearing of the suit, the Court shall also determine what accounts are to be taken, and from what date and give such directions as may be necessary for taking the same in manner prescribed by Rules (160 to 165 and 136 to 140), and shall direct what notice, if any, is to be given, by advertisements in the local newspapers or otherwise, of the dissolution of the partnership. The Court may, if a Receiver has not been previously appointed, appoint a receiver of the assets of the partnership. The Court shall then pass an interim decree in Form No.40 or Form No.41 and shall adjourn the further hearing of the suit to a fixed day.
Errors in settled account :--In the case of settled account, if errors or irregularities are proved, the Court may either rectify particular items, or give liberty to any party to file a statement of objection and surcharge; if fraud, or a mistake affecting the whole account is proved, the Court may direct an account to be taken from the date of the settlement of accounts, if any, preceding the fraud or mistake.
Commission to take account :--If a Commissioner is appointed to take an account, he shall take the same in accordance with the directions and findings of the Court, as contained in the interim decree; and except as aforesaid, none of the matters in Rules 179 and 180 mentioned shall be referred to or dealt with by a Commissioner.
Order for discharge of debts and liabilities :--When the accounts of the firm have been duly taken, and approved by the Court, it shall pass an order providing for the discharge of the debts and liabilities of the firm, and for the retention in Court of a sum sufficient for payment of any costs, changes, and expenses of the suit, properly payable out of assets, and adjourn the suit to a fixed day.
Distribution of assets where they exceed the liabilities :--(1) If the assets exceed the debts and liabilities of the firm, and if the parties agree to retain the assets in their hands respectively, on account of their respective shares in the firm, the order in Rule 183 mentioned may also provide for the payment of any balance which may be due by the firm to any of the parties, after debiting them with the estimated value of the assets in their hands. The order may be in Form No.42, or if Commissioner has been appointed to take the accounts or a Receiver has been appointed, in Form No.43. If the parties apply for the distribution of the assets in any other manner, the order may direct the realisation of sufficient assets to discharge the debts and liabilities of the firm, an
Procedure where liabilities exceed the assets or where parties do not consent to distribution of assets :--If the debts and liabilities exceed the assets of the partnership, or the parties do not consent to a distribution of the assets, the Court shall direct the balance due from the several partners to be paid into Court, and the assets to be realised, as in Form No.44; and if, at the adjourned hearing, it appears that the debts and liabilities have been fully discharged, the Court may pass a final decree in Form No.46, omitting paragraph 4 thereof.
Appointment of receiver on default of party :--If any party, ordered to make any payment, or to do any other act, fails to comply with the order of the Court, any other party may apply that a Receiver may be, appointed to collect and realise the assets of the firm, and for an injunction to restrain the party in default from retaining or parting or dealing in any manner with the said assets.
Form of orders :--An order for an injunction in a partnership suit, an order on appeal varying the interim decree, and an order on appeal from the final decree reversing the same and appointing a Receiver, may be as in Form Nos.48, 49 and 50 respectively.
Persons entitled to apply for copies :--(1) Any party to a suit or proceeding shall be entitled to obtain copies of judgments, decrees, or orders made or of any documents exhibited in such suit or proceeding on payment of charges in the manner prescribed under the Rules.
(2) Any person who is not a party to a suit or proceeding requiring, copies of judgments, decrees or orders made or of any documents exhibited in such suit or proceedings, may apply to the Court for grant of such copies by duly stamped petition supported by an affidavit stating the purpose for which the copy is required :
Provided that, in cases of doubt whether, the copy applied for should be furnished, the application shall
Copies of confidential papers :--Nothing in these Rules shall entitle a person to a copy of (a) Judge's Notes or Minutes, (b) Correspondence not strictly judicial, and (c) confidential Correspondence.
Application for certified copy :--(1) A person entitled to obtain a copy or who has obtained an order of Court under these Rules may present an application therefor to the Superintendent of the copyists or where there is no such officer, to the Chief Ministerial Officer either in person or by his Advocate or the latter's authorised clerk between the hours of 11.00 a.m. and 3.30 p.m. If the proceeding or document has been sent to another Court the application may, at the opinion of the applicant, be forwarded to the said Court for compliance, or be returned to him, for presentation to the said Court.
(2) The Application shall be in Form No.51 and shall set out the name of the applicant and when he is a party to the suit or proceeding h
Defective applications :--When an application is returned for amendment a time limit of 7 days shall be fixed for its representation. A defective application, which is not taken return of by the applicant and not represented within the period specified above shall be struck off.
Copies of Proceedings of High Court :--An application for copy of a plaint, written statement, memorandum of appeal, judgment decree or other proceedings of, or in the custody of first instance, or to the lower appellate Court and shall be transmitted by the said Court to the High Court for disposal. The copy, if granted, shall be transmitted by the High Court to the former Court, and on payment of the prescribed fees, shall be delivered to the applicant. No copy of any proceeding of the High Court shall be granted by a Subordinate Court. An application by a person not party to the proceeding shall be made directly to the High Court.
Notice as to stamp papers :--(1) Every day a list showing the applications in which the records have been received, and the number of stamp papers required in each case shall be prepared and affixed to the notice board of the Court between the hours of 3.30 p.m. and 5.00 p.m. Such lists shall remain on the board for three clear working days. Application upon which the requisite stamp papers have been deposited shall be struck off from the list. After the expiry of the period prescribed for the deposit of the stamps, the list shall be taken down and filed in the record for 12 months and shall then be destroyed.
(2) If the required stamp papers have not been deposited by 3.00 p.m. on the fourth working day counting from and including t
When stamp papers not available :--It shall be open to the parties after obtaining the previous order of the Judge in this behalf, to furnish white foolscape size paper of the durable quality with the requisite Court fee stamps affixed on each sheet in lieu of stamp papers, and the papers so stamped shall for all purposes, be deemed to be stamp papers.
Order in which applications should be complied with :--The preparation of the copies of all documents applied for or such of them as admit of being copied in full on the stamp papers deposited shall, as far as possible, be undertaken in accordance with the serial order of the copy applications :
Provided that copies of decrees and judgments, if any, comprised in an application shall have precedence over copies of other documents included in the application. A special order for precedence as regards any particular application shall be made only on a separate application duly stamped under the Court Fee Act and praying for such an order.
Pasting of list of copies ready for delivery :--(1) A list of copies ready for delivery shall be pasted on the notice board of the Court at 11.00 a.m. each day and shall remain thereon for three clear working days. The copy and unused stamp papers shall be delivered to the applicant between the hours of 10.30 a.m. and 11.30 a.m. and 3.00 p.m. and 5.00 p.m. and if the copy is not claimed by the applicant within 12 months from the date of posting the said list, it shall be destroyed.
(2) Immediately after the copies are delivered to the applicant concerned the entries relating thereto shall be struck off the list. The lists shall be retained for twelve months after which they shall be destroyed. As and when copies are delivered to the p
Disposal of incomplete copies and unused stamp papers :--(1) Where an application is stuck off in whole or in part, the applicant shall not be entitled to the incomplete copy of any document prepared on his behalf. The incomplete copy shall be destroyed after twelve months from the date on which the application was struck off.
(2) Where an applicant has furnished the required number of stamp papers, but some remain unused owing to the copyists writing too closely, the Presiding Officer of the Court shall forward the unused stamp papers to the local or the nearest treasury officer.
(3) Where stamp papers have been furnished in excess of the requirements or where an insufficient number of stamp
Delivery by post :--The applicant may, in his application for a certified copy, apply that the same may be delivered to him through the post, at a specified address; and in such case, the copy shall be forwarded accordingly, and if the applicant so requires, by registered post.
Sealing and Certificate :--All copies furnished by the Court shall be certified to be true copies, and shall be sealed with the seal of the Court. The Superintendent of copyists or other officer appointed by the Judge, shall initial every alteration and interlineation in the copy, and shall sign a certificate at the foot thereof that the same is true copy, and shall also state the number of alterations and interlineations made therein.
Endorsements as to date :--Every copy shall bear an endorsement showing the dates on which,--
(1) the application was made;
(2) the application was returned;
(3) the application was represented;
(4) the stamps were called for;
(5) the stamps were deposited;
(6) the additional stamps were called for;
(7) the additional stamps were deposited;
(8) the copy was ready, and;
(9) the copy was delivered.
Copy applications stuck off :--(1) Any copy application struck off under Rule 191 or under Rule 193 supra may be restored by the Court on a petition supported by an affidavit preferred for that purpose. The petitioner may deposit the required copy stamps along with the petition for restoration of the application for copies.
(2) Every certified copy furnished after such restoration of the application for the copies, shall bear an endorsement showing, in addition to the details specified in Rule 200 supra.
(a) The date on which the application was struck off;
(b) The date on which petition was filed to restore the application; and
Drafting of formal orders :--(1) When an application is received for a copy of a judicial order for purpose of appeal or revision, the Court shall draft a formal decree and furnish a copy of the same after collecting necessary charges.
(2) To avoid inconvenience to the Appellate Court in reading the typed papers, the Court shall furnish the first written copy of judgment, decree or order to the parties requiring them for the purpose of appeal or revision.
Copying charges :--(1) One copy stamp paper shall be furnished for every 350 words or part thereof.
In the case a copy for which Article 21 of Schedule I-A of the Indian Stamp Act, 1899 as amended and the Rules made thereunder require the production of non-judicial stamp paper of a particular value, the stamp paper or papers supplied for the purpose shall be used for copying and shall be written on in the same manner as if they were copy stamp papers. Copy stamp papers shall be furnished to make up any deficiency in the papers required to complete the copying.
(2) Not more than 175 words shall be written on each page. Four figures shall be taken as equivalent to one word.
(1) On an application by the party, the Court may grant copy of a proceeding or document filed in or in the custody of the Court by getting it reproduced mechanically on payment of Rs.2-00 per page by means of affixture of Court fee label to the application for copy or in cash through lodgment Schedule within such time as the Court may grant.
(2) The same Rules as are applicable to certified copies to be taken out on copy stamp papers will also apply mutatis mutandis to copies taken by mechanical reproduction.
Costs of typing or copying :--Costs of typing and/or copying may be taxed and deal with as costs in the cause.
Rules applicable to all proceedings in execution :--The following Rules shall apply to all proceedings in execution, as well of decrees as of orders, and in this chapter the word 'decree' includes 'order'.
Transmission of decree for execution :--(1) An application for the transmission of a decree to another Court for execution shall be made by a verified execution petition headed with the cause-title of the suit, and the serial number of the execution petition in the suit, and shall state, in addition to the particulars set out in clauses (a) to (i), inclusive of Order XXI, Rule 11(2) of the Code, any facts relied on by the applicant to bring the case within the terms of Section 39 and Order XXI, Rules 4 and 5 of the Code, and shall specify the Court to which transmission of the decree is sought as in Form No.52.
(2) If the application is admitted, the application shall, within 7 days thereafter, deposit in Court the process fee and the
When sent to District Court of another District :--If the decree is sent to the District Court of another district for execution by a Court subordinate thereto, the District Court shall at once transmit it to the subordinate Court, and no application to the District Court shall be necessary. No charges for transmitting the decree to such subordinate Court shall be levied by the District Court.
Return of decree to the Transmitting Court :--(1) The Court which a decree is sent for execution shall certify to the Court which sent the decree, the fact of execution of such decree specifying the nature and extent of satisfaction, or, where the former Court fails to execute the decree the circumstances attending such failure.
(2) If the decreeholder- does not, within six months from the date of the receipt of the decree on such transfer, apply for execution thereof, the Court to which the decree has been sent shall certify the fact that no application for execution has been made to the Court which passed the decree and shall return the decree to that Court.
Application for execution :--(1) Except when made under Order XXI, Rule 11(1) of the Code, an application for execution of a decree shall be by petition, and, in addition to the particulars sent forth in Order XXI, Rule 11(2) of the Code, shall be headed with the cause title of the suit and separately numbered in each suit.
(2) The petition shall, if it relates to any property of the judgment-debtor, pray for the realisation thereof, in the manner appropriate to the nature of the property, as in Form No.53 and shall also set out the whole of the relief which the Applicant requires at the time of presenting the same. The Court shall not grant any relief not claimed by the execution petition.
Certified copy of decree to be filed :--The judgment creditor shall, together with the first petition for execution or transmission of a decree, file in Court a certified copy of the decree sought to be executed, and shall not be required, upon any subsequent application, to file a further copy or the same decree, unless the copy already filed has been sent to another Court, under Order XXI, Rule 6 of the Code, and has not been returned and application is made to the Court which passed the decree for simultaneous execution.
Non-compliance with Code or Rules :--A petition not complying with the provisions of the Code or these Rules or not claiming any substantial relief, shall be returned for amendment or rejected.
Procedure on and after hearing of petition :--(1) Upon the hearing of the petition, the Court shall ascertain whether the provisions of the Code and these Rules have been complied with, and shall determine whether notice thereof is to be served on any person. If the petition is admitted, the Court shall adjourn the further hearing to a fixed day, and the applicant shall within two days or such other period as may be fixed by the Judge, bring into Court the fees prescribed for issue of process, and if the application is for arrest of the debtor, the subsistence moneys fixed by the Judge under Order XXI, Rule 39(1) of the Code. At the adjourned hearing the Court may, if the prescribed fees and subsistence moneys have been paid, order process to issue; or in case of default, may
Determination of question arising in execution of decree :--If any question arises for the determination of the Court executing a decree, the same shall be heard and determined upon the hearing of the petition, or on application made therein, and, if evidence is taken orally, the Court shall record the evidence of the witnesses, and mark all exhibits admitted in evidence, in accordance with Order XVIII, Rules 4 and 9 to the Code. The Court shall, in any case records its judgment and draw up its order, in the same manner as upon the hearing of a suit.
Order to appoint a day for sale :--In the case of an application for the attachment and sale of any property, the Court unless otherwise orders, shall after passing necessary orders, adjourn the hearing of the petition to a fixed date.
Joint decree-holders :--When an application is made by one or more of several joint decree-holders unless a written authority signed by the other decree-holders, for the applicant to execute the decree and to receive the moneys or property recovered, is filed in Court, the Court shall give notice of the order, if any, passed for the execution of the decree, to all the decree-holders who have not joined in the application; and may also, in its discretion, give notice of any application for payment out of Court, or delivery to the applicant, of any money, or property recovered in execution.
Oral application for relief :--At the hearing or any adjourned hearing of an execution petition, the judgment-creditor may apply orally for any relief prayed for by the petition; and any other party may, upon giving three days notice in writing to the opposite party, make any application with respect thereto.
Application in pending petition :--If it is necessary to make an application in connection with a pending execution petition otherwise than at the hearing, or any adjourned hearing thereof, the application shall be headed with the cause-title of the suit, and the serial number to the execution petition, and shall also be separately numbered in each execution petition.
Application of Rules :--Rules 53 to 59 and 213 supra shall apply to all applications by a party to the suit or matter made in or with respect to a pending execution petition.
Procedure in case of execution of documents by Court :--The procedure prescribed by Order XXI, Rule 34(1) to (4) of the Code shall apply to all documents whereof the execution by any party has been directed by the Court.
Decree-holder to bring into Court the draft and fee for service of notice :--The decree-holder shall, together with the draft in Order XXI, Rule 34(1) of the Code mentioned, bring into Court a duplicate thereon and two copies of a notice in Form No.54 and the prescribed Court fee stamps for service thereof. One of the said copies shall be annexed to the draft, and shall be served on the person directed to execute the document in manner prescribed for service of summons on a defendant to a suit.
Form of deed and of endorsement of negotiable instrument :--In case of a deed, the concluding portion shall be in Form No.55, and in the case of a negotiable instrument, the endorsement shall be in Form No.56 and Judge shall sign the name of the party directed to execute the document and his own name, as in the said forms, and shall affix the seal of his Court thereto.
Amount realised in execution to be paid into Court :--Except when payment is made to the decree-holder under Rule 230, all moneys recovered by an officer of the Court, or received by an auctioneer, shall be paid into Court in manner prescribed below for payment of moneys into Court and notice of the payment shall be pasted on a notice board of the Court and a certificate thereof shall be endorsed to the lodgment schedule.
Application to certify payment or adjustment :--An application under Order XXI, Rule 2 of the Code, shall be by petition, or if an execution petition is than pending by an application at the hearing thereof or an execution application made in the said petition.
Payment into Court in satisfaction of decree :--(1) Except when payment is made to the decree-holder under Rule 230, a person paying money or bringing property into Court in satisfaction of decree shall be given notice of such payment or deposit to the judgment-creditor.
(2) Where money due under a decree is remitted to Court by the judgment-debtor or any one on his behalf by Money Order or through a Bank or by other recognised mode and the judgment-debtor or his Advocate is not available to pay the process fees for the notice required to be issued under Rule 1(2) of Order XXI of the Code the notice may be issued initially at Court's cost, and the same shall be subsequently recovered from the judgment-debtor.
Lodgment schedule to be brought in :--(1) A person desirous of paying money into Court, hereinafter called the payer, shall bring into Court a lodgment schedule in Form No.57, headed with the cause-title of the suit, the appeal, or proceeding and the particular account therein, if any, to which the money is to be credited, and stating decree or order, if any, in pursuance of which the payment is made, or the reason for the payment, and several sums and the total amount to be paid into Court.
An order for lodgment in triplicate in Form No.58 stating the date of issue and bearing a serial number, shall then be filled-in, except as to the date of payment and the signature of the receiving officer by the Officer of the Court and issued to
Delivery to Bank or Treasury Officer :--The payer shall note the particulars of currency notes, coins and cheques on the reverse side of the form of the challan accompanying each remittance and deliver the money and (or) the cheque and the order in triplicate to the Bank or Treasure Officer mentioned therein, who shall retain the Order, and send one copy to the Court, with the daily scroll of the bank and return the receipt duly signed and dated, to the payer, who shall return the said receipt to the Court. The receipt to the Office Counterfoil of the lodgment book.
When Bank or Treasury is closed :--If the bank or the treasury is closed, the money may, with the leave of the Judge, be paid to the officer of the Court; in such case the lodgement schedule shall be endorsed with a receipt to be signed by the Judge, and the amount shall, on the next day on which the bank or treasury is open, be sent, together with an order and counterfoil receipt, by the officer of the Court to the bank or treasury officer who shall return the said receipt to the Court.
In the case of deposits by purchasers in Court auctions, when the deposit is made when the Bank or the treasure is closed, the payment should be made to the officer conducting the sale. The payments shall be entered forthwith in the cash book and the
Receipt :--Upon the return of the said receipt to the Court by the payer, or by the bank or treasury officer under the preceding Rule a receipt signed by the Judge shall be issued to the prayer, and the amount paid shall be entered to the credit of the account in respect of which the payment is made.
Note :--The High Court considers that the receipt contemplated by this Rule may be signed by the Chief Ministerial Officer of the Court authorised in this behalf by the District Judge. (H.C.P. DIS.--459 of 1928)
Transmission of money payable in satisfaction of decree :--Unless it appears to the Court that the personal attendance of the party is necessary, money payable in satisfaction of a decree order may be transmitted to the Court by postal money order or in Government currency notes. In such cases, the payer shall, before transmitting the money, send to the Court, in a pre-paid registered cover, a lodgement schedule in the form prescribed by Rule 225 and stating the manner in which the money is to be sent.
Note :--Suitor's moneys which have been placed in Civil Court deposit held by Courts in trust in all cases and can be invested only in securities specified in Section 20 of the Trust Act. Amounts upto Rs. 3,000 may also be deposi
Payment by way of crossed cheques :--In all cases where money is payable to a part and cheque petitions are ordered in favour of such party or parties at any stage of the proceedings in the Court or while interlocutory orders are passed by the original Court, or while implementing orders of appellate or revisional Courts, the money so payable shall be paid by drawing a crossed cheque (Account payee) in the name of the party or parties to whom the money is payable or the lawful guardian, in case the payee is a minor, upon proper identification of the said party in such manner as the Court may think fit and in such cases the lodgement schedule shall be endorsed with an order for payment to the person or persons so entitled, in the manner prescribed above signed by the Judge and with an acknowled
Application for payment out in other cases :--Except as provided by Rules 230 and 240, payment of money out of Court shall be made only upon the order of the Judge, made at the hearing of a suit, appeals, or matter, or upon an interlocutory or execution application, supported by affidavit showing how the applicant is entitled to receive payment.
1[x x x x x]
Payment schedule to be brought in :--A person desirous of obtaining payment of money out of Court, hereinafter called the payee, shall bring into Court a payment schedule, in Form No.59, headed with the cause title of the suit, appeal or matter and the particular account if any, to which the payment is to be debited, and stating the decree or order authorising the payment, and the several sums and the total amount to be paid out of Court and also a receipt for the said amount signed by the payee. If the payee is the agent of the person entitled to receive the money he shall also file a power of attorney, duly stamped authorising him to receive payment. The Court shall, before making an order for payment out, verify from the weekly statements received from the Treasury that the amount, of which
Presentation of Order :--The order shall be presented for payment within the account month in which it is issued, and, if not presented within the period, shall be returned to the Court, and may then, after being re-dated and initialled by the Judge, be re-issued to the payee :
Provided that the revalidation of a payment order may be made only once and that too within one month after the month of issued. When a payment order is presented for revalidation beyond the month of issue, it shall be destroyed and a fresh payment order be issued in lieu thereof.
Receipt by payee :--On payment of the amount of the order, the payee shall sign a receipt therefor endorsed on the order.
Order not to issue after 25th of the month except in cases of urgency :--Except in cases of urgency, no order for payment of money out of Court shall be issued after the 25th day of each calendar month.
Rules as to delivery of securities, jewellery or other valuables, into and out of Court :--The foregoing Rules shall apply to the delivery of securities, jewellery or other valuables, into and out of Court, with the following modifications :--
(1) Government promissory notes and other negotiable securities, shall be endorsed "The Judge of the Court of........
(2) When jewellery or other valuables are to be brought into Court two copies of descriptive list thereof shall be presented with the lodgement schedule, and shall be checked and signed by the Judge in the presence of the depositor. The jewellery or other valuables shall be placed in a box, furnished with a lock and key, to be provided
Cases where payment may be made in cash to Officer or a Court :--Notwithstanding anything contained in this chapter moneys for any of the purposes hereunder mentioned may be paid in cash to an officer of the Court, to be appointed by the Judge.
1. Service of summons in respect of which the fees cannot be paid in stamps;
2. Allowances to witness;
3. Commission Fees;
4. Money-order commission for transmission of Commissioner's fee;
5. Judgment-debtor's subsistence moneys;
6. Tom-Tom charges;
Presentation of receipt :--The person making any such deposit as aforesaid shall present therewith a memo, in Form No.61 headed with the cause-title of the suit, appeal or matter, and specifying the purpose for which the deposit is made, and a receipt shall be granted to the depositor.
Repayment :--(1) The repayment of any cash, which has not been extended for the purpose for which the same deposited, shall be made upon the production of the said receipt and under the immediate superintendence of the Judge, who shall satisfy himself as to the identity of the person to whom such repayment is made and of his authority to receive it.
(2) Provided that if the amount so deposited or the unexpended portion thereof has been sent by the Court to a Bank or Treasury Officer Rules 231 to 236 inclusive, shall apply to an application for repayment.
(3) If the applicant is unable to produce receipt, he shall file an affidavit accounting for its non-production.
Arrest of public servant :--Before a warrant is issued by a Civil Court for the arrest of a public servant (as defined in Section 21 of Indian Penal Code) or a railway, postal or telegraph official, seven days notice may be given to the immediate Official Superior of the person to be arrested.
Explanation :--In the case of railway official, the expression 'immediate official superior' shall include a railway official of the rank of Station Master, Foreman or Inspector but not one of lower rank. In the case of a post official, the said expression shall mean the Superintendent of Post Office concerned. In the case of a telegraph official, the expression shall mean the Superintendent of Telegraphs of the concerned division.
<Attachment of property in custody of Public Officer :--If the property sought to be attached in the custody of Public Officer, the execution petition shall ask that the property may be brought into Court and realised; and the notice of attachment shall request that the money or property may be brought into Court, or that such officer may state whether he has any and what objection to so doing. If any objection is raised by such officer, notice may be issued, in manner provided by Order XXVII of the Code for issue of summons, for the determination of such objection.
Attachment of decree :--An application for the attachment of a decree shall also pray that the applicant may be at liberty to apply for execution thereof. If an order of attachment is made, it may be as in Form No.63 or 64 and the application shall be adjourned to a fixed day for the applicant to apply to the Court, or if the decree of another is attached, to that Court, for execution of the attached decree, and notice may, if the Court thinks fit be, given to the holder of the decree. The application shall be made by execution petition, entitled in the suit or matter in which the attached decree was made; and shall be accompanies by certified copies of the attached decree is the decree of another Court other than a decree for money, the applicant shall also pray for the transmission of the de
Decree not to be sold in execution of another decree :--No decree shall be ordered to be sold in execution of another decree.
Attachment of decree by several decree holders :--If a decree is attached by more than one decree-holder, liberty to execute the same shall be given to the decree-holder whose attachment is first in date; and Court shall direct any money or property recovered by the said decree-holder decree was made, for execution of its decree to be brought into Court for rateable distribution :
Provided that, if the decree-holder to whom liberty is given as aforesaid does not show due diligence in executing the attached decree, or for any other sufficient reason the Court may give to any other decree-holder liberty to executive and attached decree in place of former decree-holder.
Claim to attached property :--An application by a claimant or objector, under Rule 158 of Order XXI of the Code shall be made by a verified execution application entitled in execution petition under which the property in question has been attached and shall setforth particulars of the claim in the manner prescribed for the plaint in a suit as Form No.66.
Procedure when application admitted :--If the application is admitted, the claimant or objector shall, within seven days thereafter or such other period as may be allowed by the Judge, bring into Court the prescribed fees for service of notice on the attaching creditor, and the same shall be served in manner prescribed for service of summons on a defendant to suit.
Hearing of application :--At the learning of the application on the Court shall record the evidence, and mark all exhibits admitted in evidence and shall draw up its order thereon.
Extension of application of provisions :--The provisions in Rules 246 and 248 shall apply, so far as they may be, to application under Order XXI, Rules 97 and 100 of the Code.
Realisation of attached debts by the appointment of receiver :--(1) Unless it is made appear to the Court that, from the smallness of the amount of the debt attached, or otherwise, the appointment of a receiver to collect the same would be useless or vexatious, no debt or right to any periodical payment shall be realised by sale.
(2) If a receiver is appointed, he shall be empowered to sue in the name of the judgment-debtor, and to grant receipts for any moneys or property recovered by him: and the order appointing him may be in the form prescribed by paragraph 7 of Form No.5 of Appendix III-D, so far as it may be applicable.
Realisation of property attached by seizure :--When an attachment of property is made by actual seizure, the Court shall, if, within one month from the date of the attachment, the property has not been sold or the attachment has not been removed, of its own motion, direct the property to be sold by the officer of the Court; and the proceeds of the sale after payment of the expenses of the sale, and the prescribed fees shall be brought into Court to the credit of the suit or matter in which the attachment was made.
Attachment of moveable property :--When moveable property is attached in execution of any civil process, the attaching officer shall give copy of the list of attached property with description sufficient for identification, to the person from whose possession the property is attached, or if he is not present then, to any adult member of the family of such person, who is present, or if none is present, shall affix it on the outer door of the house of such person and shall note on the list despatched or brought to the Court which issued the process, the mode in which the copy of the list has been delivered or affixed.
Cash, Jewels etc. :--(1) If the property attached consists of Government or other securities, jewels or other valuable articles of small bulk, the Nazir shall keep the same together with a descriptive list in a box (other than the ordinary cash chest of the Court) under lock and seal and send the box for safe custody to the nearest Government Treasury under the orders of Judge.
(2) In other cases, attached property brought to the Court shall be retained by the Nazir in the Court house if it can conveniently be stored or kept there.
Custody of fire-arms etc. :--When the property attached is a fire-arm or explosive substance, it may be sent at once the officer-in-charge of the nearest Police Station, who shall hold in subject to the further order of the Court.
Payment of charges :--(1) The District Judge shall fix, any may, from time to time, alter the rates to be charged for the maintenance of very description of livestock attached by the several Courts in its district with reference to seasons and local conditions.
(2) Every person applying to the Court to attached moveable property shall, in addition to the process fee, deposit such reasonable sum as the Court may direct for the cost of its removal to the Court house and of its custody and if such property is livestock, for its maintenance in accordance with the prescribed rates. If such deposit when ordered, be not made, the attachment shall not issue.
(3) The Court, at any time during the pende
Curator :--(1) In order to provide for the custody of property which cannot be conveniently stored or kept in the Court-house, the District Judge may appoint for any Court or group of Courts a Curator who shall furnish security in any form applicable to a Government servant, for an amount to be fixed in each case by the District Judge.
(2) Every Curator and Nazir shall maintain the register of attached movables in Civil Register Nos.30 and 31 respectively.
(3) The curator or the Nazir as the case may be shall be responsible for the due custody and preservation of all property entrusted to him until he delivers it up under the orders of the Court.
Remuneration :--The Curator shall receive such sums for his remuneration and expenses incurred for the custody and preservation of attached movables as the District Judge by general rule or the Court by special order, may prescribe.
Application for sale of attached property :--The decree-holder may apply, at an adjourned bearing of the execution petition orally, and at any other time, by written application in Form No.67, for the sale of any attached property.
Affidavits and in case of immovable property certificates to be filed by the applicant :--The applicant shall, not less than five days before the adjourned hearing or together with his written application, file in Court an affidavit or affidavits stating the interest of the judgment-debtor in the attached property, and whether any person other than the judgment-debtor has any, and what interest, therein; and, in the case immovable property, then an amount for the realisation of which the seal is held exceeds Rs.100/- or when the Court so orders, that a search has been made in the office of the Registrar of Assurance of the district, or sub_district, in which the property is situate, for not less than 12 years prior to the date of attachment. In the case of immovable property situated within th
Order for sale :--If the provisions of the Code and these Rules have been complied with and the proclamation of sale is approved by the Judge, the application shall then be adjourned, to a fixed day and the applicant shall, within two days or such other period as may be fixed by the Judge, bring into Court the prescribed fee proclamation. An order for sale shall then be made. The batta for the sale warrant shall be paid a week before the date fixed for sale and the warrant of sale shall then issue. In case of default, the Court may adjourn the application to a fixed day, or may dismiss the execution petition.
Date and place for sale :--The District Judge shall fix a particular place and a particular day in the week for the sale of such moveable properties as may be brought to Court. When there are more Courts then one in the same station, the sales for all such Courts shall be held on the same day, and in the same place, in such sequences as the District Judge may by general or special order, determine. All sales at Court shall begin at noon, and the sale of any lots, not put up before 5.00 p.m. shall be adjourned to, noon on the next Court day.
Sale of livestock, etc. :--Unless the Court otherwise orders, all sales of livestock, agricultural produce, articles of local manufacture and other articles commonly sold at village markets which have not been brought to the Court, shall be hold at such market in the neighbourhood of the place where the articles were attached as may appear to be for the greatest advantage of the judgment-debtor, regard being had to the prospect of good prices and the saving of expenses of transport.
When moveable property is in custody of Nazir or Curator :--It moveable property is in the custody of Nazir or Curator, and it appears to the Court that an immediate sale is necessary, the Court may authorise him sell the same by public auction and may give such directions as to the date and place of sale and the manner of publishing the same as the circumstances of the particular case admit.
Sale by public auction :--If the officer attaching moveable property is, under Order XXI, Rule 43 of the Code, authorised to sell it at once, the sale shall be made by public auction, and after such publication and notice as the circumstances to the particular case admit and the officer shall, not more than two days after the sale, bring into Court, his report of the sale, in manner prescribed by Rule 278.
Applicability of general rules about sale of property infra :--Subject to the foregoing Rules the provisions of Rules 271 to 285 relating to sale of property under order of Court shall apply to all sales in execution of a decree.
Sale of Arms, etc. :--Whenever guns or other arms in respect of which licences have to be obtained by purchasers under the Arms Act (Act No.LIV of 1959) are sold by public auction in execution of decrees, the Court directing the sale shall give due notice to the District Magistrate concerned of the names of and addresses of the purchasers and of the time and place of the intended delivery to the purchasers of such arms. The Court before delivery of such arms shall satisfy that the purchasers are entitled to possess arms.
Articles of petty value :--If the total of the Property attached, is in the opinion of the Court, less than Rs.25/- the Court may order the sale of such property after notifying, on the notice-board of the Court, the date and time sale, and sale proceeds, after defraying the expenses shall be treated as attached property.
Charges of custody :--(1) In cases in which expenses are incurred for the care and custody of attached moveable property such expenditure shall not be allowed for a period longer than 30 days, provided, however, that it shall in no case exceed the value of the property. The person-in-charge may, however, in the case of postponement of sale, apply to the Court at the end of every period of 30 days for an order for payment of such expenditure.
(2) Where postponement of sale is occasioned by the intervention of a claim to attached property, the expenses incurred during the period of postponement shall be borne by the claimant, if he fails to establish his claim, and by the attaching creditor, if such claim is allowed.
Application by the surety for discharge of sale :--When attached moveable property is left in the custody of a surety, the surety may apply for its sale, or for his being discharged from liability. The Court shall direct notice of such application to issue to the parties at the surety's cost and if the parties interested do not take steps to get the properties sold or released within the time fixed, it may be sold and the proceeds shall be deposited in the Court, after paying the surety the charges for custody and for issuing the notice.
Disallowing custody charges :--When cattle or other livestock are in the custody of a surety or the attaching credits, the Court may in its discretion disallow wholly or in part the remuneration due to him for keeping the feeding them if he uses them in any profitable manner or otherwise derives any benefit therefrom.
Conduct of sale under order of Court :--Subject to the provisions of Rules 258 to 264 inclusive, with respect to the sale of attached property, a sale by public auction of any property, when directed in any suit or matter, shall be conducted in manner prescribed hereunder.
Manner of conducting sale by public auction :--The order for sale shall direct the party applying for the sale hereinafter called 'the applicant' to bring into Court :--
(1) Affidavits :--An affidavit or affidavits by himself or some other person acquainted with the property, giving the particulars prescribed by Order XXI Rule 66 of the Code, and also stating what, in his opinion, is the best time and place of sale and method advertising the same and the lots, if any into which the property should be divided;
(2) Affidavits of fitness :--If an officer of the Court is not to be appointed, an affidavit as to the fitness of the proposed auctioner;
Search of encumbrances :--In the case of a sale of immovable property, the applicant shall, when the amount for the realisation of which the sale is held, exceeds Rs.100 and in any other case in which the Court so orders, causes a search to be made in the office of the Registrar of Assurances of the district or sub_district in which the property is situate. If a previous search has been made in the suit or matter, the search shall be made from the date on which the previous search was made, but so that the whole period of not less than 12 years, or, if no search has been made, then for a period of not less than 12 years prior to the date of the execution application on which the sale is ordered.
Matter to be determined by Court :--The Court shall determine the lots, if any, in which the property shall be sold; the manner of advertising the sale; and the probable expenses thereof; and shall fix the date and place of sale, and, after giving notice to the Judgment-debtor or other party to the suit or proceeding whose property is to be sold and hearing his objects, if any, settle the proclamation of sale, as in Form Nos.69 to 70.
Appointment of person to sell :--The Court may, if it is made to appear that a more advantageous sale can be had thereby or for other sufficient reason appoint a fit person, other than an officer of the Court or an Advocate, to sell the property, and may fix as his remuneration a sum certain, or a percentage on the net sale proceeds. Such remuneration shall include all personal and travelling expenses, but not the expenses of the sale.
Proclamation of sale :--The Proclamation of sale, when settled by the Judge shall be signed by him, and an order for sale shall then be made; and the further hearing of the suit or proceeding shall be adjourned to a day not more than thirty one days from the day fixed by the Court for the sale.
Note :--Under Rule 67(2) of Order XXI of the First Schedule to the Code of Civil Procedure, Civil Courts may direct the publication of the proclamation of the sale of immovable property attached in execution proceedings in the Official Gazette or a local newspaper or in both. Where the property attached is immovable property mortgaged to a Land Mortgage Bank, the proper course for the Court will be to direct the publication of the sale p
Leave to bid :--(1) An application for leave to bid at the sale shall be supported by an affidavit setting forth any facts showing that and advantageous sale cannot otherwise be had; and an undertaking shall be given by or on behalf of the applicant, that, in the event of his being declared the purchaser of the property, or of any lot or lots, he will give credit, or will enter up satisfaction of the decree or order under which the sale is made, for the purchase money :
Provided that if there are several decree-holders entitled to rateable distribution, the purchase money shall be paid into Court.
(2) Upset price :--In cases in which the Court may consider that the applicant should not be allo
Conduct of sale :--(1) The person appointed to sell the property shall conduct the sale in the manner prescribed by the Code for the sale of attached property, and shall, out of the deposit or sale moneys, so soon as the same are received by him, purchase Court-fee stamps to the amount of the poundage, if any, payable on the sale and shall bring the same into the Court forthwith, together with the balance of the deposit or sale moneys. If the applicant purchased the property with the leave of the Court, and is allowed to set of purchase money against any sum due to him he shall pay the amount chargeable for poundage to the person appointed to sell the property so soon as he is declared to be the purchaser. The amount deducted or paid on account of poundage shall form part of
Application to set aside sale :--In the case of any application under Order XXI, Rules 89, 90 or 91 of the Code, to set aside a sale, the applicant shall, if the application is under Order XXI, Rule 89 or 90, given to the purchaser and the parties to the suit or matter, or, if the application is under Order XXI, Rule 91, give to the parties to the suit or proceeding not less than five days' notice in writing of the application, setting forth his objections to the sale or the confirmation thereof. If no such notice or insufficient notice is given, the Court may adjourn the hearing and order the person in default to pay to the other parties their costs of the adjournment, or may dispose of the application forthwith. If no application to set aside the sale is made, or if such application is made
Costs :--At the adjourned hearing, the Court may make an order directing the payment to the applicant of the costs and expenses of the sale and to the person appointed to sell the property of his commission, if any, and providing for the application of the balance of the sale proceeds. If under Order XXI, Rule 81 of the Code a vesting order is required, the order shall also direct that the property sold shall vest in the purchaser.
Refund of Poundage :--(1) If the sale is set aside under Order XXI, Rule 89 of the Code, the Court may make an order for payment by the judgment-debtor of applicant at whose instance the sale set aside, of the poundage, costs and interest, if any, not covered by the proclamation of sale. The amount deducted as poundage from the deposit made by the purchaser shall be refunded to him.
(2) If the sale is set aside under Order XXI, Rule 20 of the Code, the Court shall determine whether any and what party is responsible therefor and may order such party to pay the costs and expenses of the sale, and may make an order any other party entitled to have the property sold may have the conduct of the sale and may make an order for the re-sale of
Sale certificate :--(1) A certificate of sale of immovable property shall specify as part of the description of the property, the survey number, if any and the registration or sub_district in which the same is situate.
(2) All sale certificates of immovable property shall be engrossed on stamp papers of proper value and copies thereof be forwarded to the Registering Officer or Officers under Section 89 of the Registration Act (Act XVI of 1908) within three days for the issue of the certificate.
(3) The copy sent to the registering officer shall disclose the stamp value of the documents and the registering officers to whom copies of the sale certificates are being sent within whose jurisdiction
Default by applicant :--If at any time, it is made to appear to the Court that the applicant has failed to comply with any order of the Court, or any of the provisions of the Code or these Rules, or is not proceeding with due diligence, the Court may make such order as to the application for sale, or the suit or matter, and the costs thereof, as it thinks fit.
Acceptance of Guarantee Societies as Sureties :--(1) Notwithstanding anything in the foregoing Rules, in all cases in which a Court requires a party to a proceeding to execute a bond with one or more sureties as guarantee society duly approved by the High Court may be accepted as surety upon its joining in a bond with the person ordered to give security.
Note :--In cases where specific form of surety bonds are not prescribed, Courts are at liberty to adopt Form No.8 and 5 in Appendix III-E and F respectively of Part II, Vol II, with such variations as will suit the circumstances of the case. (H.C. Dis 68 of 1927).
(2) The High Court, may from time to time, after such inquiry as deems su
Notice to surety :--In an inquiry for the determination the liability which has been guarantee by a surety, the Court shall give notice of the enquiry to the surety by registered post. But the cost of his appearance shall be borne by the surety himself unless the Court otherwise directs.
Panel of suitable persons to be maintained for appointment as Receivers :--Subject to the approval of the District Judge concerned the Presiding Officer of each Court shall maintain a panel of legal practitioners and other persons with suitable qualifications from among whom receiver shall ordinarily be appointed.
Security to be furnished by the persons included in the panel of Receivers :--Every person included in the panel shall with one month furnish security for the sum of Rs. 2,000 in favour of the Presiding Officer to secure his liability in respect of all receiverships to which he may be appointed. He shall furnish one or other of the following kinds of securities (a) immovable property; (b) cash; (c) a Government security; (d) fixed deposit or cash deposit in the Post Office Savings Bank (e) Post Office Cash Certificate; (f) National Savings Certificates; (g) Bonds or Debentures issued by the Local Authorities in India as defined in Section 3(31) of the General Clauses Act, 1897 (Central Act X of 1897) (Local Authorities includes Port Trust). The security bond shall be in one of the Form Nos.75,
Filing of Accounts by Receiver :--Unless otherwise ordered, a receiver shall file his accounts once in every three months. The first of such accounts commencing from the date of his appointment and ending with the expiry of three months from such date, shall be filed within ten days after the expiry of the said period for three months and subsequent accounts brought down to the end of the three months period for which they are filed, shall be filed within ten days after the expiry of the said periods of three months.
Manner of filing Accounts :--The accounts of the Receiver shall be in the form prescribed and shall be verified by affidavit in the form prescribed. Items shall be numbered consecutively.
Receiver to file an affidavit :--Where a Receiver has not, since the date of his appointment or since the date of his last account, as the case may be, received or paid any money, he shall file an affidavit to that effect on or before the date on which he has to file accounts.
Books to be maintained by Receiver :--The receiver shall maintain true regular accounts of the receivership and shall in particular maintain a cash book in which shall be entered from day to day all receipts and payments and also a lodger. He shall also maintain a counterfoil receipt books with the leaves numbered serially in print from which shall be given as far as possible all receipts for payments made to the receiver.
Receiver to open account in a Scheduled Bank :--Unless the Court otherwise orders the receiver shall, as soon as may be after his appointment, open an account in the name of the receivership in a scheduled bank as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934, as the Court may direct and shall deposit into it all monies received in the course of the receivership immediately on receipt thereof save any sums that may be required for current expenses. All payments by the receiver shall, as far as possible, be made by cheques drawn on the account.
Procedure to adopt in case of failure of duties by Receiver :--If a receiver fails to maintain true and regular accounts or fails to file his accounts into Court on the due date without proper cause or unduly delays the passing of his account by failing to appear before the passing officer or improperly retains any cash in his hands, the Court may disallow the whole or any portion of the remuneration due to him for the period of the account with reference to which default is committed and may also charge interest at a rate upto 12 % per annum on the monies improperly retained by him for the period of such retention without prejudice to any other proceedings which might be taken against the receivers.
Presentation of and particulars to be stated in Caveat :--(1) Every caveat shall the lodged with the Presiding Officer of the Court along with an affidavit by the Caveator either personally or by his Advocate. The caveat shall state the name, place or abode, description, occupation and the address for the service on the caveator and where he is represented by an Advocate the name and full address of the Advocate. Such address for service must be within the local limits of the jurisdiction of the Court and shall hold good in all subsequent stages of the proceedings.
(2) In addition to the particulars mentioned sub_rule (1), the caveat shall state the following particulars :
(i) name, descripti
Examination and Registration of Caveat and its requirements :--(1) Every Caveat shall be entered in the register of caveats maintained for the purpose and examined by the Chief Ministerial Officer of the Court. If he finds that the caveat complies with all the requirements he shall make an endorsement on the Caveat 'Examined and may be registered' If he thinks that the Caveat does not comply with the requirements, he shall place the matter before the Presiding Officer for orders.
(2) Caveat returned for non-compliance with these Rules or provisions of Section 148-A of the Code shall be represented after rectification the time specified.
(3) The affidavit shall state the right and the interest of t
Notice to issue by Caveator :--Where a caveat has been lodged the caveator shall serve without delay, notice of the caveat by registered post, acknowledgment due on the person by whom the application has been or is expected to be made and file in Court proof therefor.
Copy of plaint, application or proceeding to be served on Caveator before filing :--Any person or Advocate instituting a suit or proceeding in respect of which a caveat has been entered in the Register of Caveats shall before filling the application, suit or proceeding serve a copy thereof upon the party by whom the caveat has been entered or upon his Advocate and annexed to the plaint or proceeding a statement of such service.
Withdrawal of Caveat :--A caveat may be withdrawn by the party who has entered the caveat or by his Advocate on an interlocutory application supported by an affidavit.
Panel of Advocates willing to appear to be maintained :--(1) There shall be maintained in each Court a panel of Advocates willing to appear for the undefendant indigent person or persons in a suit or proceeding at the expenses of the State or free of charge. Such panel shall be prepared by the District Judge after consultation with the Presiding Officer of the Court, the President of the Bar Association and such other persons as the District Judge may consider necessary.
(2) The panel may be revised by the District Judge at the end of each calendar year.
Contents of Panel :--(1) The panel to be prepared and maintained under sub_rule (1) of the Rule 299 shall be in two parts. The first part of the panel shall contain the names of suitable Advocates who offer themselves to appear for the undefended indigent persons without charging any fee and part two thereof shall have the names of such advocates as are willing to appear for such persons at State expenses and are selected for the purpose.
(2) An Advocate with a standing of not less than three years at the Bar shall be eligible for being brought on the panel. The District Judge shall, so far as may be, persuade competent senior lawyers to enlist themselves for representing indigent persons without charging any fee.
Assignment of Advocate by Court :--(1) Where a person, who is permitted by a Court to use as an indigent persons under sub_rule (3) of Rule 7 of Order XXXII of the Code, is not represented by an Advocate, the Presiding Officer of the Court shall, if the circumstances of the case so require, assign an Advocate to him from the list.
(2) In any case where it is decided to assign a pleader under sub_rule (1), the Court shall endeavour in the first instance to select a suitable Advocate from that part of the list which compromises to names of the Advocates, if any, willing to appear for undefended indigent persons without charging any fee.
Time to be allowed to the Advocate assigned for preparation :--(1) Where an Advocate is assigned to represent an indigent person at State expenses or otherwise, the Court shall allow a period of atleast seven days to the Advocate to prepare the brief and shall adjourn the hearing of the case for that purpose.
(2) The Court shall allow, free of cost, inspection of the record of the case by the Advocate so assigned.
Fee payable to Advocate assigned :--(1) The fee payable to an Advocate assigned to represent an indigent person at State expense, shall not be less than Rs.50 and not more than Rs.300 for the entire case, at the discretion of the Presiding Officer of the Court.
(2) In suitable case, the District Judge may, with the approval of the High Court, sanctioned fee not exceeding Rs.500.
(3) If an Advocate assigned to represent an indigent person is required to retire at any time after the engagement of an Advocate by the indigent person at his own expense, he shall be entitled to get as compensation an amount not less than Rs.50.
Order to contain Advocate's fee and costs :--Where the indigent plaintiff represented by an Advocate assigned by the Court succeeds, the order made under Rule 10 of Order XXXIII CPC shall also contain the Advocate's fee and other expenses calculated in accordance with the Advocates Fee Rules and Rule 155 of these Rules.
Advocate engaged to prepare diary :--An Advocate engaged, to represent an indigent person in any Court subordinate to the High Court at State expense shall, at the conclusion of each day or hearing in the case, prepare and submit for counter-signature by the Presiding Officer of the Court a diary containing the following details fully set out :
| Date | Case number and names of the parties | Name of the party represented | Duration of hearing | Work done | Signature of the Presi |
District Judge to be the Controlling Officer for payment and audit of fees of advocates engaged :--(1) The District Judge shall be Controlling Officer for the payment and audit of all fees due to Advocates engaged to represent indigent persons in Courts subordinate to the High Court.
(2) The advocates shall submit their bills to the District Judge within one month of the disposal of the case by the Court.
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