Sections. 291. Power to adjourn sale.-Stoppage of sale on tender of debt and costs, or on proof of payment. 292. Officers concerned in execution sales not to bid for or buy property sold. 293. Defaulting purchaser answerable for loss by re-sale. 294. Decree-holder not to bid for or buy property without permission.— If the deeree-holder purchase, amount of decree may be taken as payment. 295. Proceeds of execution sale to be divided rateably among decree-holders. -Proviso where propety is sold subject to mortgage. (b)-Rules as to Moveable Property. 296. Rules as to negotiable securities and shares in public companies. 297. Payment for moveable property sold. 298. Irregularity not to vitiate sale of moveable property, but any person injured may sue. 299. Delivery of moveable property belonging to defendant actually seized. 300. Delivery of moveable property to which judgment-debtor is entitled subject to lien. 301. Delivery of debts and of shares in public companies. 302. Transfer of negotiable instruments and shares. 303. Vesting order in case of other property. (c.)-Rules as to Immoveable Property. 304. Sales of land by Court not inferior to a District Court, 305. Postponement of sale of land to enable defendant to raise amount of decree. Certificate to judgment-debtor. 306, Deposit by purchaser of immoveable property. 307. Time of payment in full. 308. Procedure in default of payment. 309. Notification on re-sale of immoveable property. 310. Co-sharer of a share of undivided estate sold in execution to have preference in bidding. 311. Sale of land not set aside on ground of irregularity unless in case of substantial injury. 312. Effect of objection being disallowed and of its being allowed. 313. Power to apply to set aside the sale. 315, If sale set aside, price to be returned to purchaser. 316. Certificate to purchaser of immoveable property.-Certificate to state name of actual purchaser. 317. Benami purchaser not recognized. 318. Delivery of immoveable property in occupancy of judgment-debtor. Delivery of immoveable property in the occupancy of tenant. 319. 320. Power to prescribe rules for transferring to Collector execution of decrees and sale of land.-Power to prescribe rules as to transmission, execution and re-transmission of decrees. 321. 322. 323. Power of Collector as to sale of land in execution of decree. Power of Collector as to execution of certain money-decrees so transferred. Procedure of Collector. 224. Sale by Collector. Sections. 325. Sale, &c., to be reported to Court by Collector.-Application of balance. 326. When Court may authorize Collector to stay public sale of land. 327. Local rules as to sale of land in execution of decrees for money. H.-Of Resistance to Execution. 328. Procedure in case of obstruction to execution of decree. 329. Procedure in case of obstruction by judgment-debtor or at his insti gation. 330. Procedure when obstruction continues. 331. Procedure in case of obstruction by claimant in good faith, other than judgment-debtor. 332. Procedure in case of person dispossessed of property disputing right of decree-holder to be put into possession. 333. Orders passed under sections 331 and 332 to have force of decrees, and to be subject to appeal. 334. Resisting or obstructing purchasers in obtaining possession of immoveable property. 335, Obstruction by claimant other than defendant. I.-Of Arrest and Imprisonment. 336. Place of judgment-debtor's imprisonment.-Arrest in houses. Proviso, 337. Warrant for arrest to direct judgment-debtor to be brought up. 838. Scales of subsistence allowances. 339. Judgment-debtor's subsistence money. 340. Subsistence money to be added to amount of decree, 341. Release of judgment-debtor. 342. Imprisonment not to exceed six weeks, 343. Endorsement on warrant, CHAPTER XX. OF INSOLVENT JUDGMENT-DEBTORS. 344. Power to apply to be declared an insolvent. 345. Contents of application. 346. Subscription and verification of application. 347. Service on decree-holder of copy of application and notice. 348. Power to serve other creditors. 349. Powers of Court as to applicant under arrest. 350. Procedure at hearing. 351. Declaration of insolvency and appointment of Receiver. 352. Creditors to prove their debts.-Schedule to be framed. 353. Applications by creditors. 354. Effect of order appointing Receiver. 355. Receiver to give security and collect assets.-Discharge of insolvent. 356. Duty of Receiver.-His right to remuneration.-Delivery of surplus. 357. Effect of discharge. 358. When Court may declare insolvent absolved from farther liability. Sections. 359. 360. Procedure in case of dishonest applicant. Investment of other Court with powers of District Court.-Transfer of cases. PART IL OF INCIDENTAL PROCEEDINGS. CHAPTER XXI. OF THE DEATH, MARRIAGE, AND INSOLVENCY OF PARTITES. 361. No abatement by party's death, if cause of action survive. 362. Proceeding in case of death of one of several plaintiffs or defendants, if cause of action survive. 363. Proceeding in case of death of one of several plaintiffs where cause of action survives to survivors and representatives of deceased. 364. Proceeding where no application made by representative of deceased plaintiff. 365. Proceeding in case of death of sole, or sole surviving, plain tiff. 366. Abatement where no application by representative of deceased plain tiff. 367. Procedure in case of dispute as to representative of deceased plaintiff. 368. Procedure in case of death of one of several defendants, or of sole or sole surviving defendant. 369. Suit not abated by marriage of female party. 370. When plaintiff's bankruptcy or insolvency bars suit.-Procedure when assignee fails to continue suit or give security. 371. Effect of abatement on parties' rights.-Application to set aside abatement or dismissal. 372. Procedure in case of assignment pending the suit. CHAPTER XXII. OF THE WITHDRAWAL AND ADJUSTMENT OF SUITS. 873. Power to allow plaintiff to withdraw with liberty to bring fresh suit. 374. Limitation law not affected by first suit, 375. Compromise of suits. CHAPTER XXIII. OF PAYMENT INTO COURT. 376. Deposit by defendant of amonnt in satisfaction of claim. 377. Notice of deposit. 378. Interest on sum deposited not allowed to plaintiff after receipt of notice. 379. Procedure where plaintiff accepts deposit as satisfaction in part.Procedure where he accepts it as satisfaction in full. Sections. CHAPTER XXIV. OF REQUIRING SECURITY FOR COSTS. 380. When security for costs may be required from plaintiff at any stage of suit. 381. Procedure where requisition is not complied with. 382. Residence out of British India. CHAPTER XXV. OF COMMISSIONS. A.-Commissions to examine Witnesses. 383. Cases in which Court may issue commission to examine witness. 384. Order for commission may be made either on application of parties or by Court of its own accord. 385. When witness resides within Court's jurisdiction. 386. When witness resides beyond Court's jurisdiction, but in British India. When witness is within local limits of ordinary original civil jurisdiction of a High Court. 387. When witness is not within British India. 388. Court to examine witness pursuant to commission, 389. Commission when executed to be returned to Court issuing it with depositions of witnesses. 390. When depositions may be read in evidence. 391. Provisions as to execution and return of commissions to apply to commissions issued by Foreign Courts. B.-Commissions for Local Investigations. 392. Commission to make local investigations. 393. Procedure of Commissioner.-Report and depositions to be evidence in suit.-Commissioner may be examined in person. C.—Commissions to examine Accounts. 394. Commission to examine or adjust accounts. 395. Court to give Commissioner necessary instructions.-Proceedings of Commissioner receivable in evidence. -Power to make further enquiry. D.-Commissions to make Partition. 396. Commission to make partition of non-revenue-paying immoveable property. E.-General Provisions. 397. Expenses of commission to be paid into Court, 398. Commissioner may examine parties and witnesses and call for papers. 399. Attendance, examination, and punishment of witnesses before Com missioner. 400. Procedure ex parte where parties do not appear. PART III. OF SUITS IN PARTICULAR CASES. CHAPTER XXVI. SUITS BY PAUPERS. Sections. 401. Suits may be brought in forma pauperis. 402. What suits excepted. 403. Application to be in writing.-Contents of application. 404. Presentation of application. 405. Rejection of application. 406. Examination of applicant.-If presented by agent, Court may order applicant to be examined by commission. 407. Rejection of application. 408. Notice of day for receiving evidence of applicant's pauperism. 409. Procedure at hearing. 410. Procedure if application admitted. 411. Costs when pauper succeeds.-Recovery of court-fees. 412. Procedure when pauper fails. 413. Refusal to allow applicant to sue as pauper to bar subsequent application of like nature.. 414. Dis-paupering. 415. Costs. CHAPTER XXVII. SUITS BY OR AGAINST GOVERNMENT OR PUBLIC OFFICERS. 416. Suits by or against Secretary of State in Council. Persons authorised to act for Government. 417. 418. Plaints in suits by Secretary of State in Council. 419. Agent of Government to receive process. 420. Appearance and answer by Secretary of State in Council. 421. Attendance of person able to answer questions relating to suit against Government. 422. Service on public officers. 423. Extension of time to enable officer to make reference to Government. 424. Notice previous to suing Secretary of State in Council or public officer. 425. Arrests in such suits. 426. Application where Government undertakes defence. 427. Procedure where no such application made. - Defendant not liable to arrest before judgment. 428. Exemption of public officers from personal appearance. 429. Procedure where decree is against Government or a public officer. |