CHAPTER XXVIII.

SUITS BY ALIENS AND BY OR AGAINST FOREIGN AND NATIVE RULERS.

Sections.

430. When aliens may sue.

431. When a Foreign State may sue.

432. Persons specially appointed by Government to prosecute or defend for Princes or Chiefs.

433. Suits against Sovereign Princes, &c.-Sovereign Princes, &c., exempt from arrest. When their property may be attached. 434, Execution in British India of decrees of Courts of Native States.

CHAPTER XXIX.

SUITS BY AND AGAINST CORPORATIONS AND COMPANIES.

435. Subscription and verification of plaint.

436. Service on corporation or company.

CHAPTER XXX.

SUITS BY AND AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS.

437. Representation of beneficiaries in suits concerning property vested

in trustees, &c.

438. Joinder of executors and administrators.

439. Husband of married executrix not to join.

CHAPTER XXXI.

SUITS BY AND AGAINST MINORS AND PERSONS OF UNSOUNd Mind.

440. Minor must sue by next friend.-Costs.

441. Applications to be made by next friend or guardian ad litem.

442. Plaint filed without next friend to be taken off the file.-Costs.

443. Guardian ad litem to be appointed by the Court.

444. Order obtained without next friend or guardian may be discharged.

-Costs,

447. Retirement of next friend.-Application for appointment of new next friend.

448. Stay of proceedings on death or removal of next friend.

449. Application for appointment of new next friend.

450. Course to be followed by minor plaintiff or applicant on coming

of age.

451. Where he elects to proceed.

452. Where he elects to abandon.

453. Making and approving applications under sections 451, 452.

Sections.

454.

455.

When minor co-plaintiff.-Costs.

When suit unreasonable or improper.- Costs.

456. Petition for appointment of guardian ad litem.

457. Who may be guardian ad litem.

458. Guardian neglecting his duty may be removed.-Costs,

459. On death or removal of guardian pendente lite, new guardian to be appointed.

460. When decree to be enforced against heir or representative.

461. Before decree, next friend or guardian ad litem not to receive money without leave of Court and giving security.

462. Next friend or guardian ad litem not to compromise without leave of Court. Compromise without leave voidable.

463. Application of sections 440 to 462 to persons of unsound mind. 464. Wards of Court,

CHAPTER XXXII.

SUITS BY AND AGAINST MILITARY MEN.

465. Officers or soldiers who cannot obtain leave may authorize any person to sue or defend for them.

Person so authorized may act personally or appoint pleaders.

467. Service on person so authorized, or on his pleader, to be good service. Service on officers and soldiers.

463.

469.

Execution of warrant of arrest in cantonments, &c.

CHAPTER XXXIII,

INTRRPLEADER.

470. When interpleader suit may be instituted.

471. Plaint in such suit.

Payment of thing claimed into Court.

473. Procedure at first hearing.

474.

When agents and tenants may institute interpleader suits. 475. Charge of plaintiff's costs.

476. Procedure where a defendant is suing stake-holder.-Costs.

PART IV.

PROVISIONAL REMEDIES.

CHAPTER XXXIV.

OF ARREST AND ATTACHMENT BEFORE JUDGment.

A.-Arrest before Judgment.

477. When plaintiff may apply that security be taken.

478. Order to bring up defendant to show cause why he should not give security.

479. If defendant fail to show cause, Court may order him to make deposit or give security.

Sections.

480. Procedure in case of application by surety to be discharged.

431. Procedure where defendant fails to give security or find fresh security.

482. Subsistence of defendant arrested.

B.-Attachment before judgment.

483. Application before judgment for security from defendant to satisfy decree, and in default for attachment of property.-Contents of application.

484. Court may call on defendant to furnish security or show cause. 485. Attachment if cause not shown or security not furnished.-Withdrawal of attachment

486. Mode of making attachment.

487. Investigation of claims to property attached before judgment. 488. Removal of attachment when security furnished.

489. Attachment not to affect rights of strangers, or bar the decree-holder from applying for sale.

490. Property attached under this chapter not to be reattached in execution of decree.

C.-Compensation for improper Arrests or Attachments.

491. Compensation for obtaining arrest or attachment on insufficient grounds.-Proviso.

CHAPTER XXXV.

OF TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS.

A-Temporary Injunctions.

492. Cases in which temporary injunction may be granted. 493. Injunction to restrain repetition or continuance of breach. 494. Before granting injunction, Court may direct notice to be given to opposite party.

495. Injunction to corporation binding on its members and officers. 496. Order for injunction may be discharged, varied. or set aside. 497. Compensation to defendant for issue of injunction on insufficient grounds.-Proviso.

R.-Interlocutory Orders.

498. Power to order interim sale of perishable articles.

499. Power to make order for detention, &c., of subject-matter, and to authorize entry, taking of samples and experiments.

500. Application for such orders to be after notice.

501. When party may be put in immediate possession of land, the subject

of suit.

503. Power of Court to appoint Receivers.-Receiver's liabilities. 504. When Collector may be appointed Receiver.

505 Courts empowered under this chapter.

Sections.

506.

507.

PART V.

OF SPECIAL PROCEEDINGS.

CHAPTER XXXVII.

REFERENCE TO ARBITRATION.

Parties to suit may apply for order of reference.

Nomination of arbitrator.-When Court to nominate arbitrator. 508. Order of reference.

509.

When reference is to two or more, order to provide for difference of opinion.

510. Death, incapacity, &c., of arbitrators or umpire.

511. Appointment of umpire by Court.

512. Powers of arbitrator or umpire appointed under sections 509, 510,

511

513. Summoning witnesses.-Punishment for default, &c.

514.

515.

516.

517.

518.

Extention of time for making award.

When umpire may arbitrate in lieu of arbitrators.
Award to be signed and filed.

Arbitrators or umpire may state special case.

Court may, on application, modify or correct award in certain cases. 519. Order as to costs of arbitration.

520. When award or matter referred to arbitration may be remitted.

521.

Grounds for setting aside award.

522. Judgment to be according to award.-Decree to follow.

523. Agreement to refer to arbitration may be filed in Court. Application to be numbered and registered. Notice to show cause against filing it.

524.

525.

526.

527.

528.

Provisions of this chapter applicable to proceedings under order

of reference.

Flling award in matter referred to arbitration without intervention of Court.-Application to be numbered and registered.-Notice to parties to arbitration.

Filing and enforcement of such award.

CHAPTER XXXVIII.

OF PROCEEDINGS ON AGREEMENT OF PARTIES. Power to state case for Court's opinion. When value of subject-matter must be stated. 529. Agreement to be filed and numbered as a suit. 530- Parties to be subject to Court's jurisdiction. Hearing and disposal of the case.

531.

CHAPTER XXXIX.

OF SUMMARY PROCEDURE ON NEGOTIABLE INTSRUMENTS.

532. Institution of summary suits upon bills of exchange, &c.-Payment into Court of sum mentioned in summons.

588. Defendant showing defence on merits to have leave to appear.

Sections.

534. Power to set aside decree,

535.

536.

Power to order bill to be deposited with officer of Court. Recovery of cost of noting non acceptance of dishonoured bill. 537. Procedure in suits under this chapter.

538. Power to extend this chapter.

CHAPTER XL.

OF SUITS RELATING TO PUBLIC CHARITIES.

539. When suit relating to public charities may be brought.

PART VJ.

OF APPEALS.

CHAPTER XLI.

OF APPEALS FROM ORIGINAL DECREES.

510. Appeal to lie from all original decrees, except when expressly prohibited.

511. Form of appeal -Memorandum to be accompanied by copy of decree and judgment.-Memorandum of appeal.

512. Appellant confined to grounds set out.

513. Rejection of memorandum or grounds of objection.

54. One of several plaintiff's or defendants may obtain reversal of whole decree if it proceed on ground common to all.

Of staying and executing Decrees under Appeal. 515. Execution of decree not stayed solely by reason of appeal.-Stay of execution of appealable decree before time for appealing has expired.-Security required before making order to stay execution. Security in case of order for execution of decree appealed against. 547. No such security to be required from Government or public officers. Of Procedure in Appeal from Decrees.

546.

518. Registry of memorandum of appeal.

519. Appellate Court may require appellant to give security for costs.When appellant resides out of British India.

550. Appellate Court to give notice to Court whose decree is appealed against.-Transmission of papers to Appellate Court.-Copies of exhibits in Court whose decree is appealed against.

551. Power to confirm decision of lower Court without sending it notice. 552 Day for hearing appeal.

553. Publication and service of notice of day for hearing appeal.-Appellate Court may itself cause notice to be served.

554. Contents of notice.

555. Right to begin.

Procedure on Hearing.

556. Dismissal of appeal for appellant's defanlt.-Hearing appeal ex parte 557. Dismissal ciappeal where notice has not been served in consequence of appellant's failure to deposit cost of notice. - Proviso.