A Digest of Civil Procedure Prevalent in British India - George Edward Knox - Google Books

Books

133. Application for order of inspection.

131. Application to be founded on affidavit.

135. Power to order issue or question on which right to discovery de-

pends to be first determined.

136. Consequences of failure to answer or give inspection.

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

138. Documentary evidence to be in readiness at first hearing.

139. Effect of non-production of documents.

140. Documents to be received by Court.-Rejection of irrelevant or in-

admissible documents.

141. No documents to be placed on record unless proved.-Proved docu-

ments to be marked and filed.-Entries in shop-books.

142. Rejected documents to be marked and returned, unless detained by

143. Court may order any document to be impounded.

144. After lapse of time for appeal, document admitted in evidence may

be returned. When document may be returned before time I'mt

ed.-Document not to be returned in certain cases.- Receipt to be

given for returned document.

145. Provisions as to documents applied to material objects.

ON THE SETTLEMENT OF ISSUES.

146. Framing of issues.

Allegations from which issues may be framed.

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

149. Power to amend, add, and strike out issues.

150. Questions of fact or law may by agreement be stated in the form of

151. Court, if satisfied that the agreement was executed in good faith, may

DISPOSAL OF THE SUIT AT THE FIRST HEARING.

152. If parties are not at issue on any question of law or fact.

153. If one of several defendants be not at issue with the plaintiff.

154. If parties are at issue on questions of law or facts.-Court may de-

termine issue and pronounce judgment.

155. If either party fails to produce his evidence, Court may pronounce

judgment.-Procedure where Court cannot pronounce judgment

at first hearing.

OF ADJOURNMENTS.

156. Court may grant time, or adjourn heariug. Costs of adjournment.

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

158. Court may proceed notwithstanding either party fails to produce his

OF THE SUMMONING AND ATTENDANCE OF WITNESSES.

159. Summons to attend to give evidence or produce documents.

160. Expenses of witnesses to be paid into Court on applying for summons.

-Scale of expenses.

161. Tender of expenses to witness.

162. Procedure where insufficient sum paid in.-Expenses if witness

detained more than one day.

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

164. Summons to produce document.

165. Power to require persons present in Court to give evidence.

Summons how served.

167. Time for serving summons.

168. Attachment of property of absconding witness.

169. If witness appears, attachment may be withdrawn.

170. Procedure if witness fails to appear.

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

172. Persons summoned to give evidence must attend.

173. When they may depart.

174. Consequences of non-attendance.-Consequences of refusal to give

evidence or produce documents.

Precedure when witness absconds.

Persons summoned to attend in person if so required.

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

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

CHAPTER XV.

OF THE HEARING of the SUIT AND EXAMINATION OF WITNESSES.

179. Statement and production of evidence by party having right to begin.

-Rules as to right to begin.

180. Statement and production of evidence by other party.-Reply by

party beginning.

Witnesses to be examined in open Court.

How evidence shall be taken in appealable cases.

183. When witness may require his deposition to be interpreted.

184. Memorandum when evidence is not taken down by Judge.

185. When the evidence may be taken in English.

Any particular question and answer may be taken down.

187. Questions objected to.

188. Remarks on demeanour of witnesses.

189. Memorandum of evidence in unappealable cases.

Judge unable to make such memorandum to record reason of his

Power to deal with evidence taken down by Judge removed before

conclusion of suit.

194. Power to order any point to be proved by affidavit.

195. When evidence may be given by affidavit.

Matters to which affidavits shall be confined.

197. Oath of declarant by whom to be administered.

OF JUDGMENT and Decree.

198. Judgment when pronounced.

Power to pronounce judgment written by Judge's predecessor.

200. Language of judgment.

201. Translation of judgment,

202. Judgment to be dated and signed.

203. Judgments of Small Cause Courts. -Judgments of other Courts.

204. Court to state its decision on each issue,-Exception.

205. Date of decree.

Contents of decree. -Power to amend decree.

207. Decree for recovery of portion of immoveable property.

208. Decree for delivery of moveable property.

209. In suits for money, decree may order certain interest to be paid

on principal sum adjudged.

210. Payment by instalments.-When Court may order payment by

211. In suits for land, Court may decree payment of mesne profits with

212. Court may determine amount of mesne profits prior to passing de-

cree, or may reserve enquiry.

Administration suit.

214. Suit to enforce right of pre-emption,

215. Suit for dissolution of partnership.

216. If set-off be allowed.-Effect of decree.

217, Certified copies of decree and judgment to be furnished.

219. Judgment to direct by whom costs are to be paid.

220. Power of Court as to costs.

221. Costs may be set-off against sum admitted or found to be due.

-Saving of Pleader's lien.

222. Interest on costs.-Payment of costs out of subject-matter.

OF THE EXECUTION OF DECREES.

A.-Of the Court by which Decrees may be executed,

223. Court by which decree may be executed.

224. Procedure when Court desires that its own decree shall be exe-

cuted by another Court.

225. Court receiving copies of decree, &c., to file same without proof.

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

227. Execution by High Court of decree transmitted by other Court.

228. Appeal from orders for execution of decrees of other Courts.

229. Decrees of Courts established by Government of India in Native

B.-Of Application for Execution.

230. Application for execution.

231. Application by joint decree-holder.

232. Application by transferree of decree.

233. Transferree to hold subject to equities enforceable against original

234. If judgment-debtor die before execution, application may be made

against his representative.

235. Contents of application for execution of decree.

236. Application for attachment of immoveable property to be accom-

panied with inventory.

237. Application for attachment of moveable property to be accompanied

with inventory.

238. When application must be accompanied by extract from Collector's

O.-Of staying Execution.

239. When Court may stay execution.

240. Power to require security from, or impose conditions upon, judg-

241. Liability of judgment-debtor discharged to be retaken.

242. Order of Court passing decree or of Appellate Court to be binding

upon Court applied to.

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

D.-Questions for Court exceuting Decree.

244. Question to be decided by Court executing decree.

E. Of the mode of executing Decrees.

245. Procedure on receiving application for execution of decree.-Pro-
cedure on admitting application.

246. Cross decree.

Cross-claims under same decree.

Notice to show cause why decree should not be executed.-Proviso.

Procedure after issue of notice.

Warrant when to issue.

Date, signature, seal, and delivery.

Decree against representative of deceased for money to be paid out

of deceased's property.

Decree against surety.

Decree for money.

Decree for mesne profits or other matter, amount of which to be

subsequently ascertained.

256. Power to direct immediate execution of decree for money not ex-

ceeding Rs. 1,000.

257. Modes of paying money under decree.

258. Payment of money out of Court to decree-holder.

259. Decree for specific moveables, or recovery of wives.

260. Decree for specific performance or restitution of conjugal rights.

261. Decree for execution of conveyances, or endorsement of negotiable

262. Form and effect of execution of conveyance by Court.

Decree for immoveable property.

264. Delivery of immoveable property when in occupancy of tenant.

265. Partition of estate or separation of share.

F.-Of Attachment of Property.

266. Property liable to attachment and sale in execution of decree.

267. Power to summon and examine persons as to property liable to be

268. Attachment of debt, share and other property not in possession of

judgment-debtor.

269. Attachment of moveable property in possession of defendant.-Pow-
er to make rules for maintenance of attached live-stock.
Attachment of negotiable instruments.

270.

271.

Seizure of property in house.-Seizure of property in zanánás.
272. Attachment of property deposited in Court or with Government offi-
cer.-Proviso.

273. Attachment of decree for money.-Attachment of other decrees.-

Decree-holders to give information.

274. Attachment of immoveable property.

275. Order for withdrawal of attachment after satisfaction of decree.

Private alienation of property after attachment to be void.

Court may direct coin or currency-notes attached to be paid to party

278. Investigation of claims to and objections to attachment of attached

property.-Postponement of sale.

279. Evidence to be adduced by claimant.

280. Release of property from attachment.

281. Disallowance of claim to release of property attached.

282. Continuance of attachment subject to claim of incumbrancer.

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

284, Power to order property attached to be sold and proceeds to be paid

to person entitled.

285. Property attached in execution of decrees of several Courts.

G.-Of Sale and Delivery of Property.

(a) General Rules.

Sales by whom conducted and how made.

Proclamation of sales by public auction.-Rules to be made by High

288. Indemnity of Judges, &c.

289. Mode of making proclamation.

290. Time of sale.

« Previous Continue »