Procedure.

Application of chapter.

What Courts to hear appeals.

Use of forms

dule.

§ 537. Except as provided by §§ 532-536, both inclusive, the procedure in suits under this chapter shall be the same as the procedure in suits under Chapter V.

§ 538. Sections 532-537, both inclusive, apply only to(a) the High Court of Judicature at Fort William, Madras and Bombay;

(b) the Court of the Recorder of Rangoon ;

(c) the Courts of small Causes in Calcutta, Madras and Bombay;

(d) the Court of the Judge of Karachi; and

(e) any other Court having ordinary civil jurisdiction to which the Local Government may, by notification in the official Gazette, apply them.

588. An appeal shall lie from the following orders under this Code, and from no other such orders :

(15) orders under section 261 as to objections to draft conveyances or draft endorsements;

589. An appeal from an order specified in section 588, clause (15), shall lie to the High Court.

644. Subject to the power conferred on the High Court by in fourth sche- Sec. 639 and by the twenty-fourth and twenty-fifth of Victoria, Chapter CIV, Sec. 15, the forms set forth in the fourth schedule hereto annexed, with such variation as the circumstances of each case require, shall be used for the respective purposes therein mentioned.

A. B., the above-named plaintiff, states as follows:

1. That on the day of

18 at

defendant, by his promissory note, now overdue, promised to pay

to the plaintiff

rupees [ days] after date.

2. That he has not paid the same [except

paid on the

day of

18 ].

day of

rupees,

3. The plaintiff prays judgment for rupees with interest at per cent. from the

18

[NOTE.- Where the note is payable after notice, for paragraphs 1 and 2 substitute-].

ant, by his promissory note, promised to pay to the plaintiff
rupees,
months after notice.

2.

That notice was afterwards given by the plaintiff to the defendant to pay the same months after the said notice. 3. That the said time for payment has elapsed, but the defendant has not paid the same.

[Where the note is payable at a particular place, say—]. 1. That on the

day of

18 at

the de

fendant, by his promissory note, now overdue, promised to pay to the plaintiff [at Messrs. A and Co., Madras]

months after date.

rupees

2. That the said note was duly presented for payment [at Messrs. A. and Co.,] aforesaid, but has not been paid.

Written Statement of the Defendant.

In the Court, &c.

C. D., the above-named defendant, states as follows:1. The defendant made the note sued upon under the following circumstances. The plaintiff and defendant had for some years been in partnership as indigo manufacturers, and it had been agreed between them that they should dissolve partnership, that the plaintiff should retire from the business, that the defendant should take over the whole of the partnership assets and liabilities, and should pay the plaintiff the value of his share in the assets after deducting the liabilities.

2. The plaintiff thereupon undertook to examine the partnership books and enquire into the state of the partnership assets and liabilities; and he did accordingly examine the said books and make the said enquiries, and he thereupon represented to the defendant that the assets of the firm exceeded Rs. 1,00,000, and that the liabilities of the firm were less than Rs. 30,000, whereas the fact was that the assets of the firm were less than Rs. 50,000, and the liabilities of the firm largely exceeded the assets.

3. The misrepresentations mentioned in the second paragraph of this statement induced the defendant to make the note now sued on, and there never was any other consideration for the making of such note.

No. 30.

FIRST INDORSEE AGAINST MAKER.

(Title.)

A. B., the above-named plaintiff, states as follows:

1. That on the day of

:

the de

fendant, by his promissory note, now overdue, promised to pay to the order of E. F. [or to E. F. or order] rupees

[

days after date].

2. That the said E. F. indorsed the same to the plaintiff. 3. That the defendant has not paid the same.

[Demand of judgment.]

No. 31

SUBSEQUENT INDORSEE AGAINST MAKER.

(Title.)

A. B., the above-named plaintiff, states as follows::1. [As in the preceding form.]

2. That the same was, by the indorsement of the said E. F. and of G. H. and I. J. [or and others] transferred to the plaintiff.

[Demand of judgment.]

No. 32.

FIRST INDORSEE AGAINST FIRST INDORSer.

(Title.)

A. B., the above-named plaintiff, states as follows:1. That E. F., on the day of

18 at
"

by his promissory note, now overdue, promised to pay to the defendant or order

2. That the defendant indorsed the same to the plaintiff. 3. That on the day of 18 the same was duly

presented for payment, but was not paid.

[Or state facts excusing want of presentment.]

4. That the defendant had notice thereof.

5. That he has not paid the same.

[Demand of judgment.]

No. 33.

SUBSEQUENT INDORSEE AGAINST FIRST INDORSER, THE INDORSE

MENT BEING SPECIAL.

(Title.)

A. B., the above-named plaintiff, states as follows:

1. That the defendant indorsed to one E. F. a promissory note, now overdue, made [or purporting to have been made] by one G. H., on the

day of

order of the defendant, for the sum of

days after date.]

18 at

to the

rupees [payable

2. That the same was, by the indorsement of the said E. F., [and others], transferred to the plaintiff. [Or that the said E., F. indorsed the same to the plaintiff.]

3, 4 and 5. [Same as 3, 4, and 5 of the preceding form.]

[Demand of judgment.]

No. 34.

SUBSEQUENT INDORSEE AGAINST HIS IMMEDIATE INDORSER.

(Title.)

A. B., the above-named plaintiff, states as follows:

1. That the defendant indorsed to him a promissory note, now overdue, made [or purporting to have been made] by one E. F., on the

day of

of one G. H., for the sum of

to the order rupees [payable days

after date], and indorsed by the said G. H. to the defendant.

A. B., the aboved-named plaintiff, states as follows:1. That a promissory note, now overdue, made [or purporting to have been made] by one E. F., on the day of

[payable days after date], and indorsed by the said G. H. to the defendant, was, by the indorsement of the defendant [and others], transferred to the plaintiff.

2, 3, and 4. [As in No. 33.]

[Demand of judgment.]

A. B., the above-named plaintiff, states as follows:

rupees [

ant, C. D., by his promissory note, now overdue, promised to pay to the order of the defendant, E. F.,

months after date].

2. That the said E. F. indorsed the same to the defendant, G. H., who indorsed it to the plaintiff.

3. That on the day of

18 the same was pre

sented [or state facts excusing want of presentment] to the said C. D. for payment, but was not paid.

4. That the said E. F. and G. H. had notice thereof.

5. That they have not paid the same.

1.

[Demand of judgment.]

No. 37.

DRAWER AGAINST ACCEPTOR.
(Title.)

-:

A. B. the above-named plaintiff, states as follows:-
That, on the day of

18 at

by his

bill of exchange, now overdue, the plaintiff required the defendant to pay to him rupees [days after date, or sight thereof]. 2. That the defendant accepted the said bill. [If the bill is payable at a certain time after sight, the date of acceptance should be stated, otherwise it is not necessary.]

3. That he has not paid the same.

in

4. That by reason thereof the plaintiff incurred expenses and about the presenting and noting of the bill, and incidental to the dishonor thereof.

[Demand of judgment.]