A Digest of Civil Procedure Prevalent in British India, Volume 1

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Church mission Press, 1877 - Civil procedure

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Contents

Preamble
2
Act XXIII
6
PART 1
12
13
13
19
19
CHAPTER II
20
Procedure where thcy are subordinate to different High Courts
24
CHAPTER V
42
Suits to be commenced by plaint
43
Language of plaint
49
Particulars to be contained in plaintIn money suits Where plaintiff sues as a representative Defendants interest and liabi
50
Plaint to be subscribed and verified
51
Contents of verification Verification to be signed and attested
52
When the plaint may be rejected returned for amendment or amended Proviso Attestation of amendment
53
When the plaint shall be rejected
54
588 cl u 590 592
55
When rejection of plaint does not preclu de presentation of fresh plaint
56
2526
57
Procedure on admitting plaint Concise statements Register of suits
58
Production of document on which plaintiff sues Delivery of do cument or copy List of other documents
59
Statement in case of documents not in his possession or power
60
Suits on lost negotiable instruments
61
Production of shopbook Original entry to be marked and return
62
Inadmissibility of document not produced when plaint filed
63
Summons
64
Copy of statement annexed to summons
65
Court may order defendant or plaintiff to appear in person
66
No party to be ordered to appear in person unless resident within 50 or wbere there is a railway 200 miles
67
Summons to be either to settle issues or for final disposal
68
Fixing day for appearance of defendant
69
Summons to order defendant to produce documents required by plaintiff or relied on by defendant 71 On issue of summons or fioal disposal parties ...
70
Delivery of summons for service
72
Mode of service
73
Service on several defendants
74
Service to be on defendant in person when practicable or on his agent
75
Service on agent by whom defendant carries on bussiness
76
3031
77
CHAPTER X
80
33
85
CHAPTER XI
92
Dismissal of suit where summons not served in consequence
97
OF THE SUMMONING AND ATTENDANCE OF Witnesses
98
Sections
99
Summons to attend to give evidence or produce documents 160 Expenses of witnesses to be paid into Court on applying for summons Scale of expe...
100
Time place and purpose of attendance to be specified in summons 161 Summons to produce document 165 Power to require persons present in Cour...
102
Procedure where defendant residing out of British India does
103
Judgment when pronounced
117
Power to demand admission of genuineness of documents
128
Application for execution
137
Application by joint decreeholder
144
When application must be accompanied by extract from Collectors
152
360
153
361
156
Cross decree
158
Attachment of property of absconding witness
168
If witness appears attachment may be withdrawn
169
Procedure if witness fails to appear
170
Court may of its own accord summor as witnesses strangers to suit
171
Persons summoned to give evidence must attend
172
When they may depart
173
Consequences of nonattendance Consequences of refusal to give evidence or produce documents
174
Precedure when witness absconds
175
Persons summoned to attend in person if so required
176
Consequence of refusal of party to give evidence when called on by the Court
177
Rules as to witnesses to apply to parties summoned
178
Statement and production of evidence by party having right to begin Rules as to right to begin
179
Statement and production of evidence by other party Reply by party beginning
180
Witnesses to be examined in open Court
181
How evidence shall be taken in appealable cases
182
When witness may require his deposition to be interpreted
183
Memorandum when evidence is not taken down by Judge
184
When the evidence may be taken in English
185
Any particular question and answer may be taken down
186
187 Questions objected
187
Remarks on demeanour of witnesses
188
Amplified
189
Judge unable to make such memorandum to record reason of his inability
190
Power to deal with evidence taken down by Judge removed before conclusion of suit
191
Power to examine witness immediately
192
41
227
362
230
366
232
370
234
372
236
377 378 379
238
382
240
386
242
388
244
Decree for mesne profits or other matter amount of which to
255
Modes of paying money ander decree
257
Payment of money out of Court to decreeholder
258
Decree for specific moveables or recovery of wives
259
Decree for specific performance or restitution of conjugal rights
260
Decree for execution of conveyances or endorsement of negotiable instruments
261
262 Form and effect of execution of conveyance by Court
262
Decree for immoveable property
263
Delivery of immoveable property when in occupancy of tenant
264
Partition of estate or separation of share F Of Attachment of Property
265
Property liable to attachment and sale in execution of decree
266
Power to summon and examine persons as to property liable to be seized
267
Attachment of debt share and other property not in possession of judgmentdebtor
268
Attachment of moveable property in possession of defendant Pow er to make rules for maintenance of attached livestock
269
Attachment of negotiable instruments
270
Seizure of property in house Seizure of property in zapánás
271
Attachment of property deposited in Court or with Government offi cerProviso
272
Attachment of decree for money Attachment of other decrees Decreeholders to give information
273
Attachment of immoveable property
274
Act XI
275
Private alienation of property after attachment to be void
276
Court may direct coin or currencynotes attached to be paid to party entitled
277
Investigation of claims to and objections to attachment of attached property Postponement of sale
278
Evidence to be adduced by claimant
279
Release of property from attachment
280
Disallowance of claim to release of property attached
281
Continuance of attachment subject to claim of incumbrancer
282
Saving of suits to establish right to attached property
283
Power to order property attached to be sold and proceeds to be paid to person entitled
284
Property attached in execution of decrees of sereral Courts G Of Sale and Delivery of Property a General Rules
285
Sales by whom conducted and how made
286
Proclamation of sales by public auction Rules to be made by High Court
287
Not reenacted Reenacted Not reenacted but met by Reenacted Not reenacted but met by Reenacted Not reenactedSee however Limitation Act Very co...
303
9
312
10
319
il
336
584
346
587
350
1221
368
26
375
27
384
623
386
629 627
390
630
392
RemodelledCode to all India save scheduled districts 8
393
6
395
CHAPTER XIX
397
42
400
7
i
4346
ii
2
iii
1 para 3
3
1
4
2
5
3
7
93
14
17 20
15
Persons who may be joined as plaintiffs
16
2
21
557
24
Indemnity of Judges
25
99
28
One party may sne or defend on behalf of all in same interest
30
349 350351 171
32
Appearances c may be in person by recognized agent or
37
244588 cl j I
43
10
46
Mode of making proclamation 290 Time of sale
47
4
53
Notreenacted
56

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Common terms and phrases

Popular passages

Page lxxv - ... that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is...
Page 314 - ... such further or other relief as the nature of the case may require.
Page 288 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.
Page 40 - Order, the plaintiff may unite in the same action several causes of action, but if it appear to the Court or a Judge that any such causes of action cannot be conveniently tried or disposed of together, the Court or Judge may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.
Page 288 - ... or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Page 114 - ... may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial...
Page xxiii - That by an agreement dated the day of 187 , it was agreed by and between the plaintiff and the defendant that the plaintiff...
Page 384 - Act, the court may, either of its own motion or on the application of any...
Page 30 - Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff...
Page 44 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.

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