THE ANDHDRA PRADESH CIVIL RULES OF

PRACTICE AND CIRCULAR ORDERS, 1990

PREAMBLE
R.O.C No. 22/SO/69:- Whereas it is expedient to amend consolidate and bring
up to date the civil rules of Practice and Circular Orders, 1905, and to
incorporate therein the circular orders and administrative instructions issued
from time to time for the guidance of all the subordinate Civil Courts in the
State of Andhra Pradesh except the Court of Small Causes the following rules
and circular orders are issued under the authority of the High Court.
In exercise of the powers conferred by Article 227 of the Constitution of
India and Section 126 of the Code of Civil Procedure, 1908 and with the
previous approval of the Governor of Andhra Pradesh the High Court of Andhra
Pradesh hereby makes the following Rules and Circular orders for the guidance
of Subordinate Civil Courts in the State of Andhra Pradesh, except the Court of
small Causes.
VOLUME I
Part – I
Rules made under the Code of Civil Procedure
CHAPTER I
Preliminary
1. (1) Short title:-

These rules shall be called “The Civil Rules of Practice and Circular
Orders.”
2. (3) Definitions:-

In these Rules, unless there is some thing repugnant to the subject or

context;
(a) “Address for service” means the place appointed by a party, or his
Advocate, at which service of summons, notice or other process
may be made on such party;
(b) “Advocate” includes a pleader;
(c) “Application” includes execution application, execution petition,
and interlocutory application, whether written or oral;
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(d) “Code” means the Code of Civil Procedure, 1908 as amended from
time to time;
(e) “Execution Petition” means a petition to the court for the
execution of any decree or order;
(f) “Execution Application” means an application to the court made
in a pending execution petition, and includes an application of
transfer, of a decree.
(g) “First hearing” includes the hearing of a suit for settlement of
issues and any adjournment there for.
(h) “High Court” means the High Court of Andhra Pradesh
(i) “Interim decree” means an decree declaring the rights and
liabilities of the several parties and providing for the determination
of the particular property or sum of money to be apportioned or
paid to any party, or for otherwise giving effect to such
declaration;.
(j) “Interlocutory application” means an application to the court in
any suit, appeal or proceedings already instituted in such court,
other than a proceeding for execution of a decree or order;
(k) “Original petition” means a petition whereby any proceeding
other than a suit or appeal or proceedings in execution of a decree
or order, is instituted in a court;
(l) “Proceeding” includes all documents presented to or filed in court
by any party or commissioner or other officer of court, other than
documents produced as evidence;
(m) “Verified” means verified in the manner provided by Order
VI Rule 15 of the Code;
(n) “Other expression” all other expressions used herein shall have
the respective meanings prescribed by the Code or the General
Clauses Act, 1897.
1. R.S to part II, A.P.Gazette, dt.27.10.1983 at page 567 (Vide 1984
ALT (L.S) Page 45 (A.P Rule and Notifications).Note:- The figures
printed in the brackets along with the rule number, indicate the
Corresponding number of Old Rule.
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3. (New) Sitting of Courts:-
The Setting of court shall ordinarily commence not later than 11 A.M.
and unless the work of the day is disposed of earlier the Court shall not
rise before 5 p.m.; except for lunch on between 2 and 2.30 p.m.;
4. (New) Judicial work on Sunday;-
No case shall ordinarily be heard and no judicial act formally announced
or done on a Sunday or other Public Holiday.
Provided that the court may sit on a Sunday or other Public
Holiday for the purpose of completing the examination of a witness or
any other urgent proceeding then in progress which cannot be adjourned t
the next working day.
5. (2) Forms;-
The forms in Appendix III, Part-II, here to shall be used with such
variations as
Circumstances may require.
6. (4) Reckoning of prescribed day;-
In all cases in which may particular number of days, not expressed to be
clear days, is prescribed by these rules, the same shall be reckoned
exclusively of the last day, unless the last day falls on a Sunday, or other
day on which the office of the Court is closed, in which case the time
shall be reckoned exclusively of that day also, and of any other following
day or days during which the office may continue to be closed.
7. (5) Service of notice:-
(1) Except where otherwise provided by the Code, or these Rules, or
any law for the time being in force, any notice, directed to be given
to any party shall be in writing and may be served by the party or
his Advocate on the other party, or his Advocate personally, or be
sending the same by post in a registered post cover
“ACKNOWLEDGEMENT DUE, OR BY SPEED POST OR BY
AN APPROVED COURIER SERVICE OR BY FAX MASSAGE
OR BY ELECTRONIC MALE SERVICE OR BY SUCH
MEANS” to the address for service of the party or his Advocate.
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(2) (a). Where the party is directed/permitted by an order of the court
to takeout summons /notices by Registered Post
“acknowledgement due, OR By Speed post or by an approved
Courier service or by Fax massage or by electronic Mail service or
by such means” , the PERSIDING OFFICER shall handover
summons/notices duly prepared and signed by the authorized
Officer to the petitioner or his advocate for service on the other
parties.
(b) The petitioner or his advocate shall file a Memo stating the
mode of service by which he effected the service enclosing the
acknowledgement card or returned postal covers or any other
proof.
(3) The DISTRICT JUDGE shall prepare a panel of courier services
for the courts situated at the District Head Quarters and separate
panels for the courts situated out side the District Head Quarters for
sending summons, notices, and other process by such courier
service and such panels shall continue until further orders.
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CHAPTER II
Form of Proceedings
8. (6) Form of plaints, etc;-
All plaints, written Statements, applications affidavits, memoranda of
appeal and other proceedings presented to the court, shall be written, type
written or printed, fairly and legible on stamped paper or on substantial
foolscap folio paper, with an outer margin of about two inches and an
inner margin about one inch wide, and separate sheets shall be stitched
together book wise. The writing or printing may be on both sides of the
paper, and numbers shall be expressed in figures.
9. (7) Cause – title of plaint etc;-
a. A plaint, or original petition, shall be headed with a cause-title, as
in Form No. 1 The cause-title shall set out the name of the court,
and the names of the parties, separately numbered, and described as
plaintiffs and defendants or petitioners and respondents as the case
may be.
b. Cause title of memorandum of appeal:- A memorandum of
appeal shall be headed with a cause-title setting out the names of
the courts to and from which the appeal is brought, the names of
the parties, separately numbered and described as appellants and
respondents, and also the full cause title of the suit or matter in the
lower court, as in Form No. 2.
c. Cause – title of subsequent proceedings: - All proceedings,
Subsequent to a plaint or original petition shall be headed with
cause-title as in Form No. 1 and all proceedings subsequent to a
memorandum of appeal shall be headed with a cause-title as in the
first part of Form No. 2.
d. Description of contents:- Every proceedings shall also contain,
immediately after the cause-title, a short description of its contents,
as in Form Nos. 5 &6.
10. (8(1)) Names etc. of Parties:-
The full name, residence, and description of each party, and if such is he
case, the fact that any party uses or in used in a representative character,
 6
shall be set out at the beginning of a plaint, original petition, or
memorandum of appeal, as in Form No. 5 and need not be repeated in the
subsequent proceedings in the same suit, appeal or matter.
11. (8(2) & (New) Address for Service:-
a. Every pleading shall contain the address for service, which shall be
within the local limits of the jurisdiction of the court in which the
suit is filled or of the District Court in which the party ordinarily
resides. The address for service shall contain particulars such as the
Municipal or Panchayat number of the house, name of the street
and locality.
b. A party who desired to change the address for service given by him
as a foresaid shall file a verified petition and the court may direct
the amendment of the record accordingly. Notice of every such
petition be given to all the other parties to the suit.
c. The address so given shall be called the registered address of the
party and shall, until duly changed as aforesaid, be deemed to be
address of the party for the purpose of service of all processes in
the suit or in any appeal from the decree or order therein made and
for the purpose of execution.
12. (13) Suits by or against numerous parties;-
a. An application under Order I, Rule 8 of the Code shall be
supported by an affidavit stating the number or approximate reside;
that they have all the same interest in the subject-matter of the suit,
and the nature of the said interest, and the best means of giving
notice of the institution of the suit to the said parties, and the
probable cost thereof. If the application is made by the plaintiff, it
may be made in Form No. 10 and the estimated costs of giving
notice of the institution of the suit shall at the same time be
deposited in court.
b. The Plaint shall state that the plaintiff sues on behalf of himself and
all other persons interested in the subject-matter of the suit, or sues
the defendant as representing all persons so interested and the
 7
summons to the defendant shall contain the notice set forth in Form
No. 11.

13. (14) When application is made by defendant;-

If the application is made by a defendant, notice there of shall be given to
all parties to the suit; and if permission is granted. The plaint shall be
amended by interesting a statement that the defendant is which the leave
of the court, sued as the representative of all persons interested in the
subject – matter of the suit.
14. (11) Proceedings in respect of immovable property;-
Every plaint, original petition and memorandum of appeal, in which relief
is sought with respect to immovable property, shall state, as part of the
description thereof the registration district, sub- district, the name of the
village, Municipality or Corporation in which the property is situate, the
survey number of the house number, if any, the market value of the
property and the value for purpose the court-fee and jurisdiction as
computed according to the provisions of the Andhra Pradesh Court Fees
and Suits Valuation Act, 1956 and in cases where the court fee payable
on the rental value, the annual rental value of the property for which it is
let, and there shall be annexed there to a statement duly filled in and
signed by the party of the particulars mentioned in Form No. 8 In the
absence of the said particulars, the proceedings may be received but shall
not be admitted or filed until the provisions of this rule have been
complied with.
15. (12) Leave to sue:-
a. If under Section 20(b) of the Code, leave to institute a suit is
required, the plaint shall contain a prayer that leave may be
granted, and shall be accompanied by an affidavit stating the
residences and occupations of the several defendants and the
reasons for instituting the suit in the court.
b. If leave to sue is granted, the summons to the defendant shall
contain the notice set out in Form No. 9.
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c. The Court may, in its discretion, issue notice of the application to
the defendants before passing an order there on.
16. (9) List of documents filed along with the plaint;-
Every plaint shall at the foot thereof, contain a list, to be signed by the
plaintiff or his advocate of the documents filed therewith, in Form No. 7
or a statement, signed as a foresaid, that no document is filed therewith.
17. (10) Form prescribed for list filed under Order XIII, Rule 1 :-
The list of documents, if any filed, by the parties under Order XIII, Rule
1 of the Code, shall be in Form No. 7 In the case of a document produced
by a witness or person summoned to produce ad document, the form shall
be supplied by the party at whose instance the document was produced.
The list as well as the documents shall be immediately entered in the
general index.
1
18. (New) Translation of document:-
Every document produced by a party or his witness not written in the
language of the court or in English shall be accompanied by a correct
translation of the document into the language of the court or in English.
The translation is correct. If the party is not represented by an Advocate,
the court shall have the translation certified by any person appointed by it
in this behalf at the cost of the concerned party.
1
19. (New) Note on defaced documents:-
When a document produced with any pleading appears to be defaced,
torn, or in any way damaged, or where its condition or appearance
required special notice, a note of its condition and appearance shall be
made on the list of documents by the party producing the same and
should be checked and initialed, if correct, by the receiving officer.
-----------------------------------------------------------------------------------------
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1. Newly added.

20. (21) Presentation of proceedings:-

a. All plaints, written statements, application, and other proceedings
and documents may be presented to or filed in court by delivering
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the same by the party in person or by his recognized agent or by his
Advocate or by a duly registered clerk of the Advocate to the Chief
Ministerial Officer of the court or such other officers as may be
designated for the purpose by the Judge before 4.00 p.m. on any
working day. Provided that in case where the limitation expires on
the same day they may be received by a Judge even after 4.00 p.m.
b. The Officer to whom such documents were presented shall at once
endorse on the documents the date of presentation, the value of the
stamp fixed and if the proceedings, are thereby instituted, shall
insert the serial number.
c. In case of paper bearing court fee stamps, he shall, if required issue
a receipt in Form No. 17 in Appendix III – L to these rules.
d. Every plaint or proceeding presented to or filed in court shall be
accompanied by as many copies on plain paper of the plaint or
proceedings and the document referred to in Rule 16, as there are
defendants or respondents unless the court otherwise dispenses
with such copies of the documents by reason of their length or for
any other sufficient reason.
21. (New) Date of pleading:-
Every pleading or other document filed in a court shall bear the date on
which the signature of the party is affixed, the date of its presentation and
the date of its filing in Court.
22. (New) Procedure on presentation:-
a. On presentation of every plaint the same shall be entered in
Register No. 17 in Appendix II, Part-II, Volume II and examined
by the Chief Ministerial Officer of the Court.
b. If he finds that the plaint complies with all the requirements, he
shall make an endorsement on the plaint ‘Examined and may be
registered’ with the date and his signature and placed before the
Judge, The Chief Ministerial Officer shall also endorse on the
plaint or proceedings if any caveat has been filed. If he thinks that
the plaint shall be returned for presentation to the proper court or
 10
be rejected under Order VII Rule 11 or for any other person, he
shall place the matter before the Judge for orders.
c. Subject to the provisions of sub-rule (2) any non-compliance with
these rules or any clerical mistake may be required by the Chief
Ministerial officer to be rectified. Any rectification so effected,
shall be initialed and, dated by the party or his advocate making the
same and the Chief Ministerial Officer shall note the number of
corrections in the margin and shall initial and date the same.
In the event of such rectification not being made within the time specified, the
Chief Ministerial Officer shall place the matter before the Judge for Orders.
23. (New) Registration of plaint:-
Where, upon examination, the plaint is found to be in order, it shall be
entered in the register of suits, and the Judge shall pass orders as to the
issue of summons or otherwise.
24. (22) Documents or Proceedings not to be sent by sent by post or
telegraph:-
No document or proceeding required to be presented to, or filed in, Court.
Which is sent by post or telegraph, shall be received or filed in Court.
1
Provided that in cases where2 the Official Assignee or an Official
Receiver does not intend to defend or contest any proceeding before a
Court in which he is impleaded as party, he may inform the Court
accordingly by a statement in writing in the form appropriate to the
proceeding, and send it to the Court by post or personal messenger. Such
statement shall form part of the record of the proceeding.
25. (New) Connected pleadings:-
Where two or more suits are in any way connected with each other, the
party or his Advocate shall file a Memo describing the cases which are so
connected.
26. (New) Signature of the Party on the pleadings:-
1
The parties shall sign at the foot of the pleading and any one of them
shall also sign at the end of each of the other pages.
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Provided that if impressed stamp papers are tacked on to a plaint for
purposes of Court-fee, such papers may be signed either by the party
or the Advocate concerned.
2
Verification of pleadings shall be made next below the paragraph
claiming relief and also at the foot of the schedule. If any, appended
thereto.
27. (15) Adding plaintiff or next friend:-
If an application is made to add any person as plaintiff, or as the next
friend of a plaintiff, he shall either appear in person, in which case his
consent to be so added shall be recorded by the judge in writing or a
written consent there to signed by his, and authenticated by a person
authorised to take affidavits shall be filed in Court.
28. (New) Amendment in pleadings:-
An application for amendment made under Order I, Rule 103, Order VI,
Rule 17, or Order XXII of the Code, shall also contain a prayer for all
consequential amendments. The Presiding Officer shall reject the
application if it is not in accordance with the law or these rules.
Provided that verbal corrections may at any time be made in
pleadings with permission of the Court.
1. P. Dis. No. 202 of 1942 2. P. Dis. No. 612
of 1945

29. (New) Legal Representatives on record:-

a. When a party dies ‘pendente lite’ a note to that effect shall be
added against the name of the party and necessary consequential
amendment in the body of the pleading shall also be made as
prayed for.
b. When the heirs of a deceased party are substituted for him they
shall be entered and numbered consecutively and described as the
legal representatives of the deceased party.
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CHAPTER-III
Advocates and Recognised Agent

30. (19) Form of Vakalat:-

Every Vakalat shall unless otherwise ordered by the Court, be in Form
No. 12 and shall authorise the Advocate to appear in all execution and
miscellaneous proceedings in the suit or matter subsequent to the final
decree or order passed therein.

31. (18) Appointment of Advocate:-

a. Save as provided in sub-rule (3) of this rule, every Vakalatnama
shall be executed or its execution attested before a judicial
functionary, a Gazetted Officer, a member of the State Legislature
or a member of Parliament or a member of the Gram Panchayat,
Sarpanch, Upa Sarpanch constituted under the Andhra Pradesh
Gram Panchayats Act, 1964, or a member of the Panchayat Samithi
or Zilla Parishad, a Municipal Councilor, Village Headman or a
retired Gazetted Officer receiving pension from the Government or
before a Commissioned Military Officer or 1an Advocate either
than the Advocate in whose favor the Vakalatnama is executed or
appointed, made 2(or as defined in the Notaries act, 1952 (Act LIII
of 1952) before any Sub- Registrar of the Registration Department
who shall Subscribe his own signature with designation on the
Vakalatnama in authentication of its execution of attestation.

b. When a vakalatnama is executed by any person who appears to the

officer before whom it is executed, or the execution is attested to
be illiterate, blind, or unacquainted with the language, in which the
vakalatnama is written the officer shall certify that the vakalatnama
was read, translated or explained in his presence to the executant,
that he seemed to understand it, and that he made his signature or
mark, in the presence of the officer.
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c. When the executants of a vakalatnama is himself a public officer of
whose signature a court may take judicial notice, authentication on
the vakalatnama may not be necessary.

d. A statement of the advocate’s address for service shall be endorsed

on the vakalatnama and subscribed with his own signature by the
advocate.

e. Where the attesting officer is not personally acquainted with the

executant of a vakalatnama, the attesting officer shall mention the
name and address of the person who identifies the executant and
obtain his signature.

32. (16 Party appearing by Agent:-

a. When a party appears by any agent, other than an advocate, the

agent shall, before making of or doing any appearance, application,
or act, in or to the court, file in court the power of attorney, or
written authority, thereunto authorizing him or a properly
authenticated copy there of together with an affidavit that the said
authority still subsisting, or, in the case of agent carrying on a trade
or business on behalf of a party, without a written authority, an
affidavit stating the residence of his principal, the trade or business
carried on by the agent on his behalf and principal, the trade or
business carried on by the agent on his behalf and the connection of
the same with the subject-matter of the suit, and that no other agent
is expressly authorised to make or do such appearance, application,
or act.
1. Ins. as per P. Dis. 464 of 1956. 2. . Ins. as per P. Dis.
464 of 1956
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b. The Judge may thereupon record in writing that the agent is
permitted to appear and act on behalf of the party; and unless and
until the said permission is granted, no appearance, application, or
act, of the agent shall be recognized by the Court.

33. (17) Signing of verification by Agent:-

If any proceedings, which under any provision of law or these rules, is
required to be signed or verified by a party, is signed or verified by any
person on his behalf, a written authority in this behalf signed by the party
shall be filed in court , together with an affidavit verifying the signature
of the party, and stating the reason of his inability to sign or verify the
proceedings and standing the means of knowledge or the facts set out in
the proceeding of the person signing or verifying the same 1land that such
person is a recognized agent of the party as defined by order III Rule 2 of
the Code and is duly authorized and competent so to do.
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CHAPTER-IV
Affidavits
34. (New) Interpretation of words:-
The word ‘affidavit’ in this chapter shall include any document required
to be sworn and the words ‘swear’ and sworn’; shall include ‘affirm’ and
affirmed’
35. (37) Form:-
Every affidavit shall be drawn up in the first person and divided into
paragraphs numbered consecutively and each paragraph as nearly as may
b e, shall be confined to a district portion of the subject.
Every affidavit shall be written or typed or printed and stitched
book wise. The deponent shall sign at the foot of each page of the
affidavit.
Note:- For forms of Oath and affirmation refer the Scheduled to
the Indian Oaths Act 1969.
36. (38) Description of deponent:-
Every affidavit shall be affidavit shall subscribe his full name, the name
of his father age, place of residence and his trade or occupation.
37. (New) Title of affidavits:-
Every person making an affidavit shall subscribe his full name, the name
of his
father, his age, place of residence and his trade or occupation.
38. (34) Before whom may be shorn:-
Affidavits intended for use in Judicial proceedings may be sworn before
any court or Magistrate or a “ Member of Nyaya Panchayat constituted
under the A.P. Gram Panchayats Act, 1964, or a Sub-registrar, Nazir, or
Deputy Nazir or a member of the State Legislature or a *Member of
Parliament, or a Municipal Councilor or a Member of Zilla Parishad or
any Gazetted officer in the service of the State Government or the Union
Government or a Notary as defined in the Notaries Act, 1952, or a retired
Gazetted Officer receiving pension from Government or a commissioned
Military officer or a Advocate other than the Advocate who has been
engaged in such proceeding or any Superintendent in the Office of the
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Commissioner for the Andhra Pradesh Hindu Religious institutions and
charitable Endowments.
39. (40) Statement of Officer before whom affidavit is sworn:-
The officer before whom an affidavit is sworn or affirmed shall state the
date on which, and the place where, the same is sworn or a affirmed and
sign his name and description at the end as in Form No. 14 ; otherwise the
same shall not be filed or read in any matter without the leave of the
court.
40. (39) Interlineations, alteration, etc:-
No affidavit having in the Jurat or body there of any interlineations,
alteration or erasure shall, without the leave of the court, be read or filed
or made use, of unless the interlineations or alteration (other than by
erasure) is authenticated by the initials of the officer taking the affidavit,
nor in the case of an erasure unless the words or figures, appearing at the
time of taking the affidavit to be written on the erasure, are rewritten and
initialed in the margin of the affidavit by the officer taking it.
1. Newly inserted

An officer may refuse to take an affidavit where, in his opinion, the

interlineations or alterations, or erasures are so numerous as to render in
necessary that the affidavit should be rewritten.
41. (New) Deponent to be identified:-
Every person making an affidavit for use in the court shall if not
personally known to the person before whom the affidavit is made, be
identified by some one known to him, and the person before whom the
affidavit is made shall state at the foot of the affidavits, the name,
address, and description of the person by whom the identification was
made
42. (New) Identification of a Purdanashin woman deponent:-
Where the deponent is purdanashin woman and has not appeared unveiled
before whom the affidavit is made, she shall be identified by a person
known to him and such person shall the foot of the affidavit certify that
 17
the deponent was identified by him and shall sign his name giving his
name and address.
43. (41) Blind or illiterate deponent:-
When an affidavit is sworn or a affirmed by any persons who appears to
the officer taking the affidavit to be illiterate, blind, or unacquainted with
the language in which the affidavit is written the officer shall certify that
the affidavit was read, translated or explained in his presence to the
deponent, and that the deponent seemed to understand it and made his
signature or mark in the presence of the officer, as in Form No. 15
otherwise the affidavit shall not be used in evidence:

Provided that where the deponent, due to physical deformity or any

other cause, is unable to sign or affix his mark on the affidavit, such
affidavit may be received in evidence, if the officer before whom the
affidavit is subscribed certifies, that the contents of the affidavit were
read over and explained to the deponent and admitted by him to be
correct.
44. (35) Filing:-
Before any affidavit is used it shall be filed in court but the Judge may,
with the consent of both parties, or in case of urgency, allow any affidavit
to be presented to the court and read on the hearing of an application.
45. (36) Notice of filing:-
The Party filing an affidavit intended to be read in support of an
application shall give not less than two days notice there of to the other
parties, who shall be entitled to inspect and obtain copies of the same, and
to file counter-affidavits and shall give notice thereof to the applicant,
who may inspect and obtain copies of the same; and file affidavits in
reply but except with the leave of the court no further affidavit shall be
filed or read. If any party fails to give notice of filing an affidavit the
court may grant an adjournment of the hearing and order the party in
default to pay the costs thereof.
46. (42) Affidavits not to be filed without proper endorsement:-
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No affidavit shall be filed in the court unless properly endorse with the
number and title of the suit or matter, the name of the deponent, the date
on which it is sworn and by whom and on whose behalf it is filed.
47. (New) Description of the person or place:-
When in an affidavit any person is referred to, the correct name and
address of such person and further description as may be sufficient for the
purpose of the identification of such person, shall be given in the
affidavit. When any place is referred to in an affidavit, it shall be
correctly described.
48. (44) Affidavit on information and belief:-
Every affidavit containing statements made on the information or belief
of the deponent shall state the source or ground of the information or
belief.
49. (43) Affidavit stating matter of opinion:-
Every Affidavit stating any matter of opinion shall show the qualification
of the deponent to express such opinion, by reference to the length of
experience, acquaintance with the person or matter as to which the
opinion is expressed, or other means of knowledge of the deponent.
50. (New) Striking out scandalous matter:-
The Court may suo motu, or on application order to be struck out from
any affidavit any matter with which is scandalous and may order payment
of costs of the application, if any filed for that purpose.
51. (45) Documents referred to in affidavit:-
Document referred to by affidavit shall be referred to as exhibits and shall
be marked in the same manner as exhibits admitted by the court and shall
bear the certificate in Form No. 16 which shall be signed by the officer
before whom the affidavit is taken.
52. (46) Cross examination on affidavit:-
The Court may at any time direct that any person shall attend to the cross-
examined on his affidavit.

CHAPTER V
 19
A-Interlocutory Proceedings; B-Original Petitions;
C-Transfer of Cases
A-INTERLOCUTORY PROCEEDINGS

53. (29) Form of Interlocutory Application:-

Interlocutory applications shall be headed with the cause title of the
plaint, original petition, or appeal, as in Form No. 13.
54. (30) Contents of :-
Except where otherwise provided by these rules or by any law for the
time being in force, an Interlocutory Application shall state the provision
of law under which it is made and the order prayed for or relief sought in
clear and precise terms. The application shall be signed by the applicant
or his Advocate, who shall enter the date on which such signature is made
every application in contravention of this rule, shall be returned for
amendment or rejected.
55. (30) Contents of :-
There shall be separate application in respect of each distinct relief
prayed for. When several relief’s are combined in one application, the
court may direct the applicant to confine the application only to one of
such relief’s unless the relief’s are consequential and to file a separate
application in respect of each of the others.
56. (31) May rejected if substantive order is not asked for:-
Every application which does not pray for a substantive order but prays
merely, that any other application may be dismissed, and every
application which prays for an order which ought to be applied for on the
day fixed for the hearing of any suit, appeal or matter, may be rejected
with costs.
57. (New) Out of order petition:-
Whenever it is intended to move the application as an urgent (out) of
order) application, the copy of the application served on the Advocate or
the party appearing ion person shall contain an urgent application on the
day specified in the endorsement.
58. (32) Service of Notice:-
 20
1. Unless the court otherwise orders, notice of an interlocutory
application shall be given to the other parties to the suit or matter
or their Advocate not less than three days before the day appointed
for the hearing of the application.
2. Such notice shall be served on the Advocate whenever the party
appears by such Advocate.
3. Notice of the application may be served on a party not appearing by
Advocate by registered post “ACKNOWLEDGEMENT DUE,
OR BY SPEED POST OR BY AN APPROVED COURIER
SERVICE OR BY FAX MASSAGE OR BY ELECTRONIC
MALE SERVICE OR BY SUCH MEANS” to the address given
in the pleading acknowledgement per-paid and in the event of its
non- service on the party by means of summons to be delivered to
the party or in the event of the party being absent or refusing to
receive the same, affixture at his address.
4. Unless the court, otherwise orders, notice of Interlocutory
application need not be given to a party, who having been served
with the notice in the main suit, appeal or other proceedings, has
not entered appearance or to a party to whom notice in the appeal
has been dispensed with under the provisions of Rule 14 of Order
XLI of the Code
59. (New) Copies to opposite party:-
Every interlocutory application shall be supported by an affidavit and true
copies of the application, affidavit and the documents, if any which the
applicant intends to use or on which he intends to rely, shall be furnished
to the opposite party or his advocate, unless otherwise ordered, not less
than three clear days before the hearing date.

60. (33) Proof of facts by affidavit:-

Any fact required to be proved upon an interlocutory proceeding shall
unless otherwise provided by these, rules, or ordered by the court, be
provided by affidavit but the Judge may, in any case, direct evidence to
be given orally, and thereupon the evidence shall be recorded, and
 21
exhibits marked, in the same manner as in a suit and lists of the witnesses
and exhibits shall be prepared and annexed to the judgment.

B-ORIGINAL PETITIONS
61. (47) Original Petition should state Act or Authority under which it is
presented:-
a. The Rules relating to suits shall mutatis mutandis apply to Original
Petitions unless a contrary intention appears from the rules
governing such petitions made under the Special Acts.
b. An original petition shall, in addition to the particulars required by
rules, 9, 10, 11, also state the Act, or other authority, under which it
is presented, as in Form Nos. 5 and 6. If it is not intended to serve
any person with notice of the petitions, it shall be so sated, and the
petition shall be headed, as in Form No. 6 but if the court directs
any person to be made a party, the Cause-title shall be amended,
and shall be forms No. 1.
c. Hearing: - Original Petitions shall be heard and determined in the
same manner as original suits.

62. (New) Applications under Section 340, 341 of the Code of Criminal )
Procedure:-
Every application made to a Civil Court under the provisions of Section
340, 341 and 343 of the code of Criminal Procedure shall be registered as
the interlocutory application
63. (48) (1) Application for transfer:-
An application for transfer of a suit, appeal or other proceeding from one
court in another shall be made by original petition entitled in the matter of
the pending suit, appeal or other proceeding as in Form No. 17 Notice of
the application in Form No. 18 shall be issued and served on the other
parties to the suit, appeal or other proceeding.
Provided that if under Section 24 of the Code, the District Court
transfers as suit, appeal or other proceeding of its own motion and
without giving notice in the first instance, it shall record in writing its
 22
reasons for dispensing with such notice and shall direct the court from
which it has been transferred to intimate the parties or their Advocates
about the transfer and the date on which they should appear before the
court to which it has been transferred.

64 (48) (2) and (3) Affidavit in support:-

(1) Every application for transfer shall be supported by an
affidavit stating the respective residences of the several parties to the suit,
appeal or other proceeding the places in which the several portions of the
subject-matter of such case are respectively situate, and the several
jurisdictions within which the said residences and places are respectively
situate, and nay other facts on which the application is based
(2) A separate application supported by an affidavit shall be
presented in respect of each case of which a transfer is sought, and the
court shall, in each case, record in writing its reason for the order.

65. (New) Registering suits received by transfer:-

The Courts to which a suit, appeal or other proceedings is transferred
shall note the old number and the date of institution in the relevant
register within brackets and when acknowledging the receipt of the
records shall intimate to the court, from which the case.
 23
CHAPTER VI
Posting of Cases
66. (New) Preparation and publication of Special list:-
(1) On completion of the preliminary stages of suit or other matter,
the
court shall obtain the required information from the Advocates
or
parties to enable it to estimate the probable length of the
hearing and
then post in the hearing book to particular dates.
(2) When the cases so posted are called on the dates, the Advocates
or the
parties shall report whether there is any case of compromise or
death
of parties and the like Then a list known as the “Special List”
of ready
cases shall be prepared at the beginning of every month, For
each day
of the following Month, posting shall be made with sufficient
number
of contested suits. Uncontested suits and matter that can be
expected to
be heard in the day. This “special List” shall be published on
the notice
board of the court by the fifth day of each month. Between the
fifth
day and the tenth day any representation with the Advocates or
the
parties might have to make may be heard and necessary
changes be
made.
(3) The Final list for whole of the next month shall be published by
the tenth of each month the thereafter. Short of the death of
 24
parties or similar compelling reasons, no adjournments be
granted.
67. (23) Cause – List :-
(1) Every court shall post on its notice board a cause-list of
suits, petitions, applications, appeals and other matters to
be heard on the next working day setting out the serial
number, short cause-title of each case and the names of the
Advocates.
(2) Unless the Presiding Officer otherwise orders, the cases
shall be called on the day and in the order in which they
stand in the list.
68. (24) Cases ready to be posted according to their order:-
Unless the Judge otherwise orders, every case ready for disposal shall be
posted and taken up according to its order on the file of the Court.
Exception :- (1) “ Any suit or proceeding for the prosecution or the
defence of which a person in the service of the government of the Union
or of any state or a person subject to the Air Force Act, 1950 or the Army
Act, 1950 or Navy Act, 1957 has obtained leave of absence, shall, on his
application, be taken up and disposed of, as for as possible, within the
period of such leave”.
Exception:- (2) In order to clear off arrears and to save the time of the
courts by reducing the number of applications to bring in the
representatives of deceased parties, etc., batches of Suits and appeals
pending in Civil Courts should be heard in future as soon as possible
after they are filed, being posted before other suits and appeals which are
ready for hearing.
Note:- For this purpose ‘batch’ means five or more suits or appeals which
will be
governed by a single decision.
 25
CHAPTER – VII
Processes
A-GENERAL

69. (49) Issue of Summons or Notice:-

(1) In any proceeding in which summons or notice is to be issued by the
court to any person, the party presenting the plaint, memorandum of
appeal, cross-objection, or application shall also bring into court along
with it a duly stamped application for service together with a sufficient
number of copies of the plaint, concise statement memorandum of
appeal, cross-objection, or application and affidavit in support there of
for service on the party concerned along with the summons or notice.

The copies above referred to shall show the date of presentation of the
original and the name of Advocate, if any, who presented the same.

(2) The summons/notices shall be issued within 30 days from the date of
institution of the suit.
(3) Where the Court directs the Service of Summons to the defendant
either through Regd. Post acknowledgement due or by Speed Post or by
an approved Courier Service or by Fax or Electronic Mail Service they
shall be sent accordingly. Where the service of summons is Ordered
through a courier service such Summons shall be sent through a panel of
courier service approved by the District Judge for his purpose
70. (49-A) Parties to file process forms duly filled up:-
(1) In all cases where processes of the nature of summonses or
notices (including notice of an Interlocutory Application)
have to be issued, the parties or their Advocates on whose
behalf such summonses or notices are issued, shall file with
their applications for the issue of processes, the appropriate
forms of processes as prescribed in the Code or under those
rules or any other Law applicable to the case, in duplicate
 26
legible filled up, together with the prescribed process fees.
However the date of appearance and the date of the process
shall be left blank.
(2) In the case of summons, the combined form as in Form No.
19 shall be used and summons in tact, leaving it to the
court, after it has, determined the purpose for which the
summons is to issue, to strike out the portions of the form
which do not apply and thus convert the summons it to one
as per Form No. 1 or 1-A or 2 of Appendix-B to the First
Schedule to the Code of Civil Procedure.
(3) The forms shall not be accepted unless filled up in bold,
clear and legible hand writing. The parties or their
Advocates shall sign the forms in the left bottom corner,
and will be responsible for the accuracy of the entries.
(4) Where orders for the issue of process are passed by the
court, the date fixed for appearance will be inserted in the
form and the process will be dated and signed by an officer
of the court duly authorized.
(5) The necessary number of printed forms of process if
available may be supplied to the parties or their Advocates
shall sign the forms in the left bottom corner, and will be
responsible for the accuracy of the entries.
(6) The Presiding Officer in his discretion direct in any
particular case that the forms of process may be entirely
filled up in the office of the court.
71. (New) Contents of Process:-
The Process issuing officer, before issuing a process, shall satisfy himself
that full description of the persons for whom the process is intended of in
respect of whom of whose person or property it is issued, is entered
therein as will enable the process-serve without risk of mistake to
identify such person or property. When such description is not furnished
by the person moving the court to issue the process, the orders of the
court shall forthwith be taken by the issuing officer.
 27
72. (New) Language of Process:-
(1) The Processes of the Court shall be in the Language of the
Court in the prescribed forms.
(2) Processes sent for service at any place where the language
is different from that of the court issuing them shall be
accompanied by translation in the language of such place
or in English.
(3) Processes issued to Army, Navy or Air Force personnel
shall be in English and if the forms in the language of the
court are used, they shall be accompanied by translation in
English.
73. (New) Payment of Process Fee:-
(1) Except is so far as is otherwise provided by any law or rule
or ordered by the Court, no process shall be drawn up or
issued for service until the prescribed fee has been paid in
the form of court fee stamps.
(2) Where the Court permits the Plaintiff to effect Summons
on the dependent under Order V Rule 9(A) of Civil
Procedure Code no process fee shall be charged for the
summons handed over to him
74. (New) Process sent to or received from other courts:-
(1) When a court sends a process for service to any court
beyond its jurisdiction, it shall endorse on the process a
certificate that the prescribed fee has been collected.
(2) When a process bearing a certificate that the prescribed fee
has been collected is received by a court from another court
in the Union of India and court shall cause to be served
without further charge.

75. (New) Process to other courts:-

Any process intended to be served by another court either within or
without the State shall be sent direct to the Presiding Officer of the
concerned court (not being the High Court) by designation and not to the
 28
Nazir or Deputy Nazir” The Court to which summons or other process
has been sent for service shall make a return within the time fixed for the
hearing of the case, stating whether service has been sent for service shall
make a return within the time fixed for the hearing of the case, stating
whether service has been effected or not and if not, the reasons for the
non-service.
76. (56) Process to other courts:-
(1) Every party who intends to appear and defend any suit,
appeal or original petition, shall, before the date fixed in
the summons or notice served on him as the date of hearing
file in Court a proceeding stating his address for service.
(2) Such address for service shall be within the local limits of
the Court in which the suit, appeal or petition is filed, or of
the District Court in which the party ordinarily resides.
(3) Where a party is not found at the address given by him for
service and no gent or adult member of his family on
which a notice or process can be served in person, a copy
of the notice or process shall be affixed to the outer door of
the house an such service shall be deemed to be as
effectual as if the notice or process has been personally
served.
(4) Where a party engages an Advocate, notices or processes
for service on him shall be served in the manner prescribed
by order III Rule-5 of the Code unless the Court directs
service at the address for service given by the party.
(5) A party who desires to change the address for service given
by him as aforesaid shall file a verified petition and the
Court may direct the amendment of the record accordingly.
Notice of every such petition shall be given to all the other
parties to the suit.
(6) Nothing in this rule shall prevent the Court from directing
the service of a notice or process in any other manner if,
for any reasons, it thinks fit to do so.
 29
(7) Nothing contained in this rule shall apply to the notice
prescribed by Order XXI, Rule 22 of the Code of Civil
Procedure, 1908.
(8)
77. (New) Method of Service:-
(1) The Serving Officer shall see that the person who accepts
service of the process corresponds with the description
given in the process. Where the signature in token of
acceptance differs from the name given in the process, the
discrepancy shall be explained.
(2) Where the process is served on some person, other than the
person named therein, who accepts the process on his
behalf, it shall be stated whether such person is an adult
member of the family and living with him.
(3) Where service is accepted by an agent, it shall be stated
whether such person is duly authorized to accept service.
(4) Where a person refuses to accept the process, the
endorsement of refusal shall be attested by a witness, the
reasons thereof, if any given and it shall be stated how the
individual was identified.
(5) When a process is affixed owing to the absence of the
individual named therein, it shall be stated, if possible, both
when he left home and when he is likely top return.
(6) Where service is refused by purdanashin ladies, it may be
effected on any adult male member of the family.
(7) Where the process is served on the proposed guardian, the
fact that the said guardian consents to act as guardian of the
minors mentioned in the process shall be got endorsed on
the notice by the guardian.
(8) Where the process for substituted service is issued process-
servers shall carefully reads the instructions given at the
top of the process and effect service accordingly.
78. (51) Return of service:-
 30
(1) The Return of the Serving Officer shall state the manner in
which the process was served and the place, and day, and
month of service, and also whether he is personally
acquainted with the person served, and if not by whom
such persons was identified.
(2) If the person to be served refuses to sign the
acknowledgement of service, the return shall state that he
was informed of the nature and content of the process and,
in the case of a plaint, that, upon applying to the officer of
the court, he could obtain a copy, or concise statement of
the contents of the plaint.
79. (52) Verification of return:-
(1) The return of service shall be verified by an affidavit of the
Serving Officer. All Nazirs and Deputy Nazirs are
authorized to administer the oath to and to take the
affirmation of any process-server.
(2) If the process-server is not personally acquainted with the
person to be served, the return shall be supported by a
verification at the for there of made and signed either by a
Village Officer or by a respectable person who identifies
him; and in the latter case, the full name and address of
such person shall be set out in the verification.
80. (New) Particulars on return of service:-
If a process is affixed to the outer door of a house, in the absence of the
person to be served, the serving officer shall make an affidavit as to the
following matters;
(a) The Nazir’s return and the affidavit or examination on oath
the Serving Officer;
(b) The record of further enquiry, if any, by such Court.
(c) In case, where the process has to be returned to any Court
outside the state and the return is not in English or in the
Language of that Court the proceedings in Form No. 10
Appendix-B, Schedule-I of the Code with which it is sent
 31
back to the Court shall be accompanied by a translated of
the return into English.
81. (53) Service by Affixure:-
If a process is affixed to the outer door of a house, in the absence of the
person to be served, the serving officer shall make an affidavit as to the
following matters.
(1) The Number of times and the dates and hours at which he
went to the house:
(2) The attempts made by him to find the person to be served.
(3) Whether he had any, and what, reason to suppose that such
person was within the house or its neighborhood, or
endeavoring to evade service; and
(4) Whether any adult member of the family of the person to
be served was residing with him and why the service could
not be effected on such person.
82. (54 Notice where summons is affixed to outer door:-
If a summons to a plaint is affixed to the outer door of the House, the
serving officer shall affix therewith a notice that the defendant can, up on
application to the officer of the court. If the summons has been sent by
another court for service and the defendant does not, within fourteen
days from the affixing of the summons apply for the said copy it shall be
returned to the said court.

B.SERVICE OF PROCESSES ON PUBLIC OFFICERS AND SOLDIERS

83. (New) Summons to public Officers:-

A Summon or notice to a public officer, other than an officer in the
Army, Navy, or Air Force, as defendant or as witness, shall ordinarily be
sent for service to the head of the office in which the is employed in
accordance with the provisions of Rule 27 of Order V. In fixing the time
for the attendance of the Public Officer the fullest consideration may be
given to the exigencies of the duties of the officer summoned.
Explanation :-
 32
(1) ‘Public Officer’ for the purpose of this chapter includes every
employee in the service or pay of local authority or of Indian
Railways or of a Corporation engaged in any trade or industry which
is established by a central or State Act or of a Government Company
as defined in section 617 of the Companies Act.
(2) The summons or notice to all employees other than those of the
Government and Quasi Government Company as defined in Section
617 of the Companies Act.
84. (New) Summons to Soldiers:-
(1) A summons to a Public Officer or other employee in the
Army, Navy or Air Force of the Union of India as
Defendant or as witness, shall be sent for service to his
commanding officer in accordance with the provisions of
the Rule 28 of Order V. In such cases, sufficient time shall
be given to admit of arrangements being made for the relief
of the person summoned.
(2) The summons shall contain adequate particular of the
person summoned including the name of the unit and its
postal address. If the actual location of the unit, engaged in
operational rule, is not divulged for security reasons then
the summons may be addressed as “care of New Delhi, 56
Army Post Office”.
 33
C-SERVICE OF PROCESS ON THE MEMBERS OF PARLIAMENT
AND OF THE STATE LEGISLATURE

85. (New) Process to Member of Parliament:-

No summons or other process issued against Member of Parliament or of
the State Legislature shall be sent for service to the Presiding Officer of
the House or the Secretariat of the Parliament or of the State Legislature.
Such summons or process shall be served direct, upon the Member
outside the precincts of the House of Parliament or of State Legislature
as the case may be:
Provided, that in case of urgency such summons or process may be
served on any Member within the precincts of the House after obtaining
the permission of the Speaker or the Chairman as the case may be.
86. (New) Letter or Request:-
The provision of Order V, Rule 30 of the Code of Civil Procedure
allowing the substitution of a letter for a summons shall be applied in the
case of all Judicial Officers, Justices of the Peace, Presiding Officers of
Parliament or State Legislature of Chairmen of Committees there of or
any other person who is in the opinion of the Court, of a rank entitling
him to such a mark of consideration.

D-SERVICE OF PROCESS AND THROUGH FOREIGN COURTS

SERVICE OUTSIDE INDIA

87. (New) Process for Service by Foreign Courts:-

(1) Every process to be issued for service in a country outside
the Union of India shall be drawn up in proper form in
English, Type –written legibly, signed by the Judge,
properly addressed and sealed. All Documents to
accompany the process shall be translated in the language
of the country concerned or in English.
 34
(2) The Original duplicate of every process should be marked
respectively with the words “For return” and “For Service”
and the courts issuing the processes shall take special care
to obtain and set out in each process as full and exact a
description of the person to be served with address
correctly spelt in full detail.

(3) The Court shall take care that the time fixed for appearance
or returnable date be such to enable the process be served
and the person served to do what is required of him, due
regard being had to the distance and the channel through
which the process has to pass.
88. (New) Deposit of Express:-
Before issue of a process to any court outside India, the court issuing the
process shall require the party, at whose instance the process is issued, to
pay such fee for service as is required by the court to which the process
is to be sent or as prescribed by the Government or by any other law or
rule made for the purpose. In the case of summons to witnesses, a
reasonable traveling and other expenses shall also be required to be
deposited in advance.

SERVICE IN PAKISTAN
89. (New) Service on the Public Officer:-
(1) Where the defendant is a Public Officer (not belonging to
the Pakistan Army, Navy or Air force serving in
connection with the affairs of Pakistan or is an employee in
the Railways in Pakistan the summons may be sent for
service to the Secretary to the Government of Pakistan in
the Ministry of the Interior.
(2) Where such defendant is serving in connection with the
affairs, of any other Government in Pakistan or under any
 35
local authority in Pakistan the summons may be, sent to the
Home Secretary tot eh Government, or as the case may be,
to the Home Secretary to the Government within whose
territory the local authority has its jurisdiction.
90. (New) Service on the defendant:-
The summons and other processes issued by any Civil Court intended for
service on a person, other than a Public Officer in Pakistan may be sent
direct to the court (not being the High Court) in Pakistan under whose
jurisdiction he is residing.

SERVICE OF FOREIGN PROCESSES IN THE STATE

91. (New) Process of Pakistani Court:-

The summons and other processes issued by any Civil or Revenue Court
in Pakistan for service or any person residing within jurisdiction of the
High Court of Andhdra Pradesh and sent to any Civil Court having
jurisdiction in the place where such person resides, shall be served by
such Civil Court as if they were issued by the Indian Courts and the
return of service shall be sent direct to the issuing court in Pakistan.
92. (New) Processes of other Countries:-
(1) The provisions of the Code as to service within India of the
processes of Court situated beyond the limits of India shall
apply not only to summonses to appear and answer but also
to summonses to give evidence or to produce documents or
other material objects.
(2) In case where there is a reciprocal arrangement under
Section 29 of the Code the processes of other countries
intended for service on any person within the Jurisdiction
over the place where such person resides shall be served
according to the procedure laid down in the reciprocal
arrangement and if no such procedure is laid down and also
in cases where there is no reciprocal arrangement, they
 36
shall be served in the manner prescribed by the Code the
these rules and the return of service shall be sent in
accordance with the said procedure, if any, or directs to the
issuing court in the absence of such procedure.
 37
CHAPTER – VIII
Witnesses
A- ALLOWANCES TO ORDINARY WITNESSES

93. (50) Summonses to witnesses:-

(1) (a). A party who desires the attendance of any witness before the
Court, or a Commissioner appointed to take evidence, shall bring
into the Court, a list in Form No. 20 of the persons whose
attendance he requires, stating the full name, residence and
description of each person and whether he is required to give
evidence as an Expert or otherwise or to produce a document, and
in the letter case, specifying the date if any, and description of the
document so as to identify it.
(b) Summons referred to in Sub Rule (1) may be obtained by the
parties within Five days of presenting the list of Witnesses.
(2) The Party shall with such list, deposit into Court the prescribed
fees WHICH SHALL NOT BE LATER THAN SEVEN
DAYS FROM THE DATE OF MAKING APPLICATION for
service of summons and the total amount of the allowance to
which the said persons are entitled for traveling attendance at the
Court and, in case of an Expert or a Scientific witness qualifying
to give evidence the special fees and allowances to which such
witnesses are entitled.

94. (50 (2) and (3) Classes of Witnesses:-

(1) Ordinary witnesses shall be classed into three classes.
(a) First Class persons whose annual income is Rs. 20,000/- and
above, Class I employees of the government who are required to
attend the court in their private capacity.
(b) Second Class.
(2) The Allowances payable to the ordinary witnesses shall be
calculated according to the scale set out below:-
 38
(3) In special cases where the rule works hardship it shall be at the
discretion of the presiding Judge to allow witness, such additional
sum as he may consider reasonable to cover bona fide expenses
incurred by him.
(4) Where the witness resides at the Headquarters of the Court, the
presiding Judges may allow reasonable hire for conveyance in
accordance with status of the witness.
(5) Witness produced under the warrant of arrest shall be paid
subsistence allowance at the rate allowed to the Judgment
debtors.

Allowances
Class of Traveling Allowances for
Witnesses By Rail By Public By Road By sea subsistence
Motor or Canal and other
Service expenses not
exceeding
per diem
(1) (2) (3) (4) (5) (6)
Rs. Rs.
I Class First Deluxe 0.60 per Actual 10.00
Class fare or kilometer expenses
first class where of
or higher public passage
class conveyance
II Class Second express is not Do 6.00
Class available.
Express or 0.30 per
ordinary kilometer
class where
public
conveyance
is not
 39
available

95. (New) Numbering of witnesses:-

(1) The witnesses examined for plaintiff or petitioner shall be numbered
consecutively in the order in which they are examined and be referred
to as P.W.1.P.W.2 and so on.
(2) Witnesses examined for defendant or opponent shall, similarly, be
numbered as D.W.12.D.W.2 and so on.
(3) Where there are several plaintiffs or defendants, the witnesses called
by each party shall not be numbered separately but continuously, as if
all had been called by single plaintiff or defendant.
(4) Witnesses examined as Court witnesses shall be indicated as ‘C.W’
and be serially numbered in the order in which they are examined.
96. (New) Witness given up:-
If the party at the trial dispenses with the examination of any witness
who is in attendance, the party or his advocate shall sign and file a memo
into Court to the effect that the witness has been given up.

B-ALLLOWANCES TO OFFICIAL WITNESSES

97. (New) Allowances of Public Officers:-

(1) In case where a Public Officers is summoned as a witness in a suit
which the government is a party the total amount of allowances to be
deposited by the party, other than the Government, applying fore
summons shall be in accordance with order XVI Rule 4(A) of the
Code.
(2) In case where an employee of the Central Government or Railways is
summoned in his official capacity as a witness in a suit to which the
 40
Government is not a party the total amount of allowances to be
deposited by the party applying for summons shall be in accordance
with Order XVI, Rule 4-B of the Code.

98. (New) Certificate of Allowance:-

(1) The Public Officer attending the court as a witness shall produce a
certificate duly signed by the Head of Office showing the rules of
traveling and other allowances admissible to him as for a journey on
tour as required in Rule 4-B(2) of Order XVI of the Code.
(2) Such Officer shall be issued a certificate by the Court that he has
attended in his official capacity stating the date of his appearance, the
period during which he has attended the Court and that he received no
payment from the court.

C-ALLOWANCES TO EXPERT OR SCIENTIFIC WITNESSES

99. (50) (4) Remuneration to Expert or Scientific Witnesses:-

Where an Expert or ‘Scientific witness other than the Government
Examiner of Questioned Documents is summoned, he may be allowed
such fees not less than Rs. 10, or more than Rs. 200 as the court may fix,
and such allowance not less than Rs. 10 or more than Rs. 30 per diem as
the court may fix for attending the trial of hearing. In addition, the
witness shall also be entitled to the traveling allowances prescribed for
ordinary witness of his class
100. (New) Expert evidence:-
(1) Where a party desires the examination of a finger print or hand-
writing or other disputed document by the Government Examiner of
Questioned Documents at Hyderabad or Simla as the case may be, that
party shall deposit into the court such amount as may be prescribed by
the Government from time to time for the purpose including the
traveling expenses.
(2) The party or his Advocate desiring the Expert’s opinion shall file in
the court a memo of instructions in duplicate detailing the writings or
 41
finger prints disputed and admitted and points on which opinion is
required.
(3) All Exhibits forwarded to the expert for his opinion shall be sent by
registered post and not by ordinary post.

CHAPTER-IX
Trial of suits
101. (57) Application for directions:-
Any party may, at the first hearing, apply to the Court for directions or the Court
may, suo motu issue directions as to any of the following matters:
(1) The filing of a written statement by any party, stating the
pleas raised by him or further and better particulars thereof
:
(2) Adding or striking out parties:
(3) Discovery of documents and interrogatories:
(4) Inspection or production of any document or public record:
(5) Issue of a commission to examine witnesses, or for any
other purpose.
(6) Reference to an arbitrator:
(7) Any other matter or proceeding necessary to be considered
or taken prior to the trial of the suit.
Unless the court otherwise orders, not less than three days notice of
such application and of any affidavit filed in support thereof, shall be
given by the applicant to the other parties to the suit.
102. (62) Production of documents:-
(1) (a) All the parties including defendants shall produce along with a
list at or before the settlement of issues in the suit, all the documentary
evidence of every description in their possession or power on which
they intend to rely and which has not already been filed in the court.
The said list shall be in Form No. 7 and shall be signed and verified by
the party filing the same or his advocate and a copy of the list together
with a copy of each of the documents shall be served on the other side
before filing in the court unless otherwise ordered by the Court.
 42
(b) ALL THE PARTIES INCLUDING DEFENDANTS OR THEIR
ADVOCATES SHALL PRODUCE ON OR BEFORE THE
SETTLEMENT OF ISSUES, ALL THE OTHER
DOCUMENTARY EVIDENCE IN ORGINAL WHETHER THE
COPIES THEROF HAVE BEEN FILED ALONG WITH PLAINT
OR WRITTEN STATEMENT.
(2)The Court shall not ordinarily receive any documentary evidence in
possession or power of any party which should have been but has not
been produced on the due date, except in exceptional circumstances
and good cause is shown for the default.

103 (New) Examination of parties etc:-

The courts, before forming issues shall, as for as expedient follow the
essential preliminaries contained in Orders X,XI and XII of the Code
which gives the Court the extended issues in the matter of examination of
parties discovery, and inspection and obtaining admissions at appropriate
stages. In comparatively big and complicated cases the court may, after
the documents have been lodged in the court, allow at least one date for
the aforesaid purposes.
104 (58) Interrogatories:-
(8) A party who desires to administer interrogatories to any other
party, shall, on presenting or making his application for leave to
deliver the same, bring into court two copies of the proposed
interrogatories, and the fees prescribed for service of processes. If
leave is granted, one of the said copies shall be filed on record and
his objection in his affidavit in answer to the interrogatories.
(9) If a party objects to answer any interrogatory he shall state briefly
the grounds of his objection in his affidavit in answer to the
interrogatories.

105 (New) Application of provisions:-

The presiding officers shall invariably frame the issues by them selves
after perusing the pleadings and documents and after obtaining relevant
 43
information from the parties. The provisions of Rules 1 and 2 of Order X
Rule 1(5) of Order XIV shall be used extensively and the provisions
relating to discovery and inspection and admission of documents in order
XI, XII and XIII at appropriate places as frequently as possible.
106 (61) Framing of Issues:-
In framing of issues the court shall proceed as follows:-
(1) Every material proposition of fact and every proposition of law,
which is affirmed by the one side and denied by the other, shall be
made the subject of a separate issue.
(2) Every issue of fact shall be so framed as to indicate on whom the
burden of proof lies.
(3) Every issue of law shall be so framed as to indicate, either by a
statement of admitted or alleged facts, or by reference to the
pleadings or some documents mentioned there I, the precise
question of law to be decided.
(4) No proposition of fact which is not itself a material proposition but
is relevant only as ending to prove a material proposition shall be,
made subject of an issue.
(5) No Question regarding admissibility of evidence shall be made
subject of an issue.
107 (60) Form of Issues:-
The issues framed by the court and any order passed upon any
application under Rule 101 shall be drawn up in Form No. 21 and shall
form pat of the record in the suit; and all parties shall be entitled to
inspect the same and to obtain copies thereof.
108 Adjournment to be to a day certain:-
(1). On the date finally fixed for hearing of a case , the trial shall beging
and the evidence of witnesses by recorded from day to day until the trial
is completed
(2).All adjournments shall be to a day certain, as for as possible, and the
day shall be fixed with regard to the convenience of the parties and the
business of the court. Adjournments shall not ordinarily be granted except
for really good and sufficient cause.
 44
(3). Upon an application for an adjournment, the court shall consider the
interests of all parties, the particular circumstances of the case and the
business of the court posted for that day. The absence of the Advocate the
party or want of preparation on his part, whether arising from insufficient
instructions, or otherwise, shall not of itself be a sufficient cause for an
adjournment. The court shall invariably record the reasons for
adjournment. ’and no such adjournment shall be granted more than
three times to the party during hearing of the suit’.

109. (28) Notice of adjournment:-

a. Any party desiring an adjournment may give notice in writing to
the other party,, or his advocate, of his intention to apply therefore
in advance before the date fixed for hearing.
b. Any party who desires that the hearing may be advanced, may
apply therefore by Interlocutory Application of which notice shall
be given to the other party.
c. The Party served with notice may give to the other party, or his
Advocate, a notice in writing that he consents to, or will oppose
such adjournment or advancement.
d. Every application for adjournment or advancement of hearing of a
case shall be made as soon as the court sits for the day. The courts
shall pass orders of adjournment during call work while setting the
work for the day.
110. (27) Costs of adjournment:-
Except where an adjournment is necessitated by the business of the
Court, or by the act or default of any other party and party desiring an
adjournment may be ordered to pay the costs thereof, including the
expenses of re-summoning the witnesses if any, and the fee of the
Advocate of the other party.
111. (26) Proceedings not to be adjourned sine die or truck off the file:-
No suit, appeal matter, or proceeding shall, under any circumstances
whatever, be adjourned sine die or struck off the file; and if, by
inadvertence, a day certain for the further hearing is not fixed by the
 45
court, or a case is ordered to be struck off the file, the case shall be
posted and come on for hearing one month from the day on which it was
before the court, or, if, the court is then closed. On the next day thereafter
on which the court is sitting;
Provided that in a suit for partition in which preliminary decree has
been passed, the court may adjourn the proceedings, sine die, with liberty
any of the parties to whom shares have been allotted to apply for the
passing of a final decree.
112. (59) Adjournment in consequence of application for commission:-
If an application for the issue of a commission to examine a witness, to
with respect of any other matter mentioned in Rule 101 is made
subsequently to the first hearing, and an adjournment of the final hearing
is prayed, the adjournment shall not be allowed, unless it is made to
appear to the court that the application could not, or ought not to have
been made at the first hearing.
113. (New) Evidence:-
(1) At the top of every sheet used for recording evidence shall be written
the name of the witness, his father’s name, age, residence and
occupation, the number of the witness and the case number.
(2) All additions, alterations, etc., in the deposition shall be attested by
the presiding Judge.

Note:- Where the evidence is taken down in the presence and under
the personal direction and superintendence of the Judge or form the
dictation of the Judge directly on a type writer and Judge shall sign or
initial each page as soon as it is completed.

(3) Whenever the court consider it necessary to appoint a

commissioner for recording the evidence (cross examination or re-
examination) of witness or witnesses whose evidence (Examination
in chief by an affidavit) has already been filed in the Court. The
court may appoint a commissioner for recording evidence of
 46
witness/witnesses from a panel prepared for this purpose on
rotation basis.
(4) The court for the reason to be recorded in writings may however
appoint an advocate or retired judicial officer as a commissioner
where a commissioner from the panel is not available for recording
evidence.
(5) (a) The District Judge shall prepare a panel of commissioners for
recording of evidence of witnesses under order XVIII Rule 4 of
C.P.C for all the courts situated at the District Head Quarters.
(b) The Additional District Sessions Judge/Senior Civil
Judge/Junior Civil Judge of the Court situated outside the Head
Quarters shall prepared panels of commissioners for their courts
with the approval of the District Judge. Where there are more than
one court at a station out side the District Head Quarters, a
common panel of the Commissioners shall be prepared for all the
courts by the senior most judge of the station with the approval of
the district Judge.
( c ) The panel of commissioners shall be prepared from the
following categories after obtaining their willingness.
(i) advocates having sufficient experience at the
Bar and practicing in the courts..
(ii) Any retired District Judge/Sr.Civil
Judge/Jr.Civil Judge.
6) SITTINGS OF THE COMMISSIONER:
a) The Commissioner shall complete the recording of the evidence(Cross
examination and re-examination) of winess/witneses and shall submit the
evidence recorded by him along with a report to the Court on or before the date
fixed by the Court, which shall not normally be beyond / Sixty days.
b) The sittings of the Commissioner for recording the evidence shall be within
the premises of the Court or at any place directed by the Court.

7. MARKING AND CERTIFYING OF EXHIBITS:

 47
a) Where a party/witness wants to rely on a document which has already been
filed in the Court, the same shall be referred and identified by its Serial
number, description, and the date as given in the list of document filed in the
Court.
b) The party in his Affidavit shall list out the documents referred in the
Affidavit with its Sl.No. Description and date in the last para of the
Affidavit.
c) The Court shall consider the admissibility of the documents, referred in the
Affidavit of Examination-in-Chief and endorse on the documents, if
admitted in evidence, the following particulars Viz.,
i) The number and title of the suit.

ii) The name of the person who filed the document and the Exhibit number
given by the court.
iii) The date on which it was produced.
iv) The Statement of its having been admitted.
And the endorsement shall be signed or initialed by the Judge.
d) Where any document is not admitted there shall be endorsement on the
document that it has not been admitted and the endorsement shall be signed
or initialed by the Judge
e) Where the Court decides to admit a document subject to objection, the Court
shall make an endorsement to that effect on the document and give an
Exhibit Number.
f) The Court shall note the corresponding Exhibit numbers against the entries
of the documents in the list given in the last para of the Affidavit.
g) Where documents are produced for Cross Examination of a Witness of the
other party or where a document is handed over to a witness in the Cross-
examination to refresh his memory, the Commissioner shall mark them as
Exhibits for identification.

8. Handing the Original Record to the Commissioner;

The Court shall hand over the original record with pagination under proper
receipt to the Commissioner keeping the original proceedings sheet of the
 48
court proceedings and duplicate plaint, copy of written statement and Xerox
copies of the documents etc., with the Court.
9. Register of Commissioner:
The Court shall maintain a separate Register of Commissioners appointed under
Order XVIII Rule 4 of Civil Procedure Code.

114. (New) Translation of Evidence:-

Where a witness gives evidence in a language not understood by the
Court, the court may get the evidence translated by an interpretor and pay
him reasonable fees for his services: the costs being borne by the party
calling the witness in the first instance and being charged as costs in the
suit.
115. (79) Marking of Exhibits:-
a. Exhibits admitted in evidence shall be marked as follows:
(i) If filed by the defendant or one of several plaintiffs, with the
capital letter’ A’ followed by a numeral A1,A2,A3 etc.
(ii) If filed by the defendant or one of several defendants with the
capital letter “B” followed by a numeral, B1,B2,B3 etc.
(iii) If court exhibits with the capital letter ’C’ followed by a
numeral C1,C2,C3 etc.,
(iv) If third party exhibits, with the capital letter ‘X’ followed by a
numeral X1,X2,X3 etc.,
b. The exhibits filed by the several plaintiffs or defendants shall be
marked consecutively.
c. If in a preceeding subsequent to the trial of a suit or matter, further
exhibits are admitted in evidence, they shall be marked in
accordance with the above scheme with numbers consecutive to the
number on the last Exhibit previously filed.

116. (New) B-Diary and Judge’s note:-

a. The court shall maintain B-Diary in all contested Original suits,
small Cause Suits and Execution petitions in Civil Miscellaneous
 49
Form Nos. 47, 46 and 49 respectively prescribed in Appendix-III-L
of Volume II, furnishing full information as to the several steps
taken in the trial or execution.
b. The Court shall make a note, in the proper order of time, of all
material incidents such as the questions of admissibility of evidence
and all other questions incidentally raised and decided in the
ordinary course of trial so that the Appellate Court may have a
complete record of such matters as well as of the evidence taken.’
 50
CHAPTER X
Documents
A-INSPECTION OF DOCUMENTS

117. (63 and 64) Inspection of documents by party:-

a. A party or his advocate shall be at liberty to inspect any document
recited or referred to in a plaint or written statement, and filed in
court therewith
b. The party or his Advocate desiring to inspect any proceeding filed in
court by him or any other party or a commissioner or officer of
court, in the suit, appeal or matter, to which the proceeding of which
inspection is required and inspection will be allowed with out the
payment of any fees, during the pendency of such suit, appeal or
matter.
Explanation:- for the purpose of this rule the advocates appointed by
the various sailors, Soldiers and Airmen’s Boards on behalf of the
soldier litigants shall be deemed to be the Advocates of the concerned
soldier litigants even if they hold on Vakalat from them.

118. (65) Inspection of documents by Strangers:-

An application for inspection, pr copes of records or documents of, or in
the custody of a court other than records or documents filed in a suit,
appeal or matter, to which the applicant is a party, shall be made to the
said court by an application, entitled in the suit, appeal, or matter in
which the records or documents are filed, and specifying the particular
records or documents, of which inspection is, or copies are required, by
reference as far as possible to the nature, date and the date of filing of
and the parties, to each record or document. The application shall be
supported by affidavit stating whether the applicant has any, and what
interest in the subject-matter of the document or of the proceeding in
which the record or document is filed, the purpose for which inspection
or copy is required; and if the same is required for the purpose of an
 51
intended or pending proceeding; the nature of the said proceeding, and
the relevancy of the record or document to the case of the applicant.
119. (66) Notice of application for inspection:-
The court, may, in its discretion, cause notice of the application be given
to the parties to the said proceedings; and where such notice is given, the
provisions of the Code and of these rules with respect to summons to a
defendant, shall apply to the said notice.
120. (67) Consent to inspect of obtain copy:-
The Court shall not grant leave to inspect, or to obtain a copy of, any
record or to obtain a copy of, any record or document produced by a
person not a party to the proceedings in which the same is filed, or to
discovery of which any person is entitled to object, except in either case
with the written consent of such person.
121. (68) Inspection and fees for same:-
If a leave to inspection is granted, the inspection of the record shall be
made in the presence of Record-keeper or of a responsible official of the
court designated for the purpose by the Presiding Judge and the fees for
inspection, except where an inspection is allowed fee, shall be Rs. 1-25
Ps. For every hour or part there of during which the court official is
engaged and shall be paid by the Court fee stamps affixed to the
application.
122. (69&71) Extracts not to be taken:-
a. The payment of inspection fees shall entitle the applicant to peruse
any document or record specified in his application and the
inspection of which has been allowed by the court or have it read to
him. He may make a short memorandum of the date and nature of
any document in the record so as to enable him to describe it
sufficiently in case a copy is required but he shall not be entitled to
make a copy of the document or part of the document or verbatim
extracts to make a copy of the document or verbatim extracts
therefore. If he requires copies, he may apply for them as provided in
the rules for certified copies.
 52
b. When a person is entitled to inspect a proceeding or document, the
search there of shall be made by the officer of the court; and such
person shall be allowed to peruse and make a short memorandum as
laid down in sub-rule (1) above.
123. (70) Search Fee:-
On every application for inspection or for copy document or record, there
shall be paid (in court-fee stamps) in addition to the usual fee on such
application an additional fee of Rs. 2 for search of the document or
record.
Provided that no such fee need be paid by a party to the suit or
proceeding where the application for inspection or for copy is made in a suit or
proceeding which is pending disposal on the date of the application, or which
has been disposed of within one year prior to the date of application:
Explanation:- For the purpose of this rule a suit shall be treated as
pending till a final decree, if any, is passed therein, and an appeal shall be
deemed to be a continuation of the suit.
For the purpose of this rule, only one search fee need be paid for all
documents that have come into the custody of the court relating to the same suit
or proceeding, whether exhibited or not, and a document shall be deemed to be
of the date of suit or proceeding of which it forms part of the record.
If the proceeding or document is not found on record, the applicant shall
be entitled to a certificate to that effect, free of cost..
124. (80) Inspection of exhibits:-
If any party or his advocate desires to inspect any exhibit, he shall do so
in open court, at the hearing of the suit or matter; provided that with the
leave of the judge, such inspection may be had in the presence of an
officer of the court, to be named by the Judge.
B-COPIES OF PROCEEDINGS TO BE FURNISHED BY PARTIES
TO
EACH OTHER
125. (72) Furnishing of copies to other party:-
A party or advocate, filing any proceeding shall furnish free charge a
copy of the same to each party appearing by a separate advocate.
 53

126. (73) Name and address for service to be endorsed on copy:-

The name and address for service of the party or advocate by whom any
copy is
furnished shall be endorsed thereon, and the party or a advocate shall
be
answerable for the same being a true copy of the original, or of a
certified copy
of the original, of which it purports to be copy, as the case may be.
127. (74) Refusal or neglect to furnish copy:-
In case any party or advocate either refused or neglects to furnished the
copy, the person entitled to the copy shall be at liberty to procure a
certified copy from the court and in such case the party in default shall
unless the Judge otherwise orders be liable for the costs of procuring the
same.

C-PRODUCTION OF RECORDS

128. (75) Production of records in the custody of a court:-

a. An application for the production of records in the custody of a court
shall specify the particular document required to be produced.
Unless it is made to appear to the court that the production of the
original documents is necessary, the party shall be required to obtain
and file copies there of and the original shall not be sent for. If the
court dispenses with the affidavit mentioned in Order XIII, Rule
10(2) of the Code of Civil Procedure it shall record in writing the
reasons for so doing.
b. When a court finds it necessary to require the production of the
records of another court, either within or outside the State, it shall
address a Letter of Request as in Form No. 22 direct to the Presiding
Judge of that Court.
c. Where the document to be sent for by a court either from its own
records or from those of another court under Order XIII, Rule 10, is
 54
an account Book, or other has to be in the custody of a court and
belongs to a person other than a party at whose instance it is sent for
the court may require the party to deposit in court before the letter of
request is issued, such sum as it may consider necessary to meet the
estimated cost of making a copy of the document when produced..
d. When the letter of request is to be issued by the court itself acting of
its own motion it shall be open to the court to call upon either party
to make the deposit as a foresaid.
e. On the production of the document in compliance with the letter of
request, the court shall cause a notice to be affixed to the notice
board that the document has been received and that the parties may
apply to the court for inspection of the same. The court shall not
grant inspection to either party, unless it is satisfied that the
application is made with the consent of the person to whom the
document belongs. After the document has been admitted in
evidence the court shall, unless it considers it necessary to retain the
original, direct the parties to specify the portion or portions there of
no which they respectively rely, and require a copy to be made of the
same at the expense of the party requiring such portion, and shall
there after, with all convenient speed, return the original to the court
from which it was received, retaining the copies as part of the record.
129. (76) Production of records in the custody of a Public Officer other
than a court:-
a. A summons for the production of records in the custody of the
Public Officer other than a court shall be in Form No. 23 and shall be
addressed to the Head of the office concerned and in the case of a
summons to a District Registrar or a Sub-Registrar of Assurances, it
shall be addressed to the Registrar or Sub-Registrar in whose office,
or sub-office, as the case may be, the required records are kept.
Provided that, where the summons is for the production of
village accounts, including filed measurement books, such
summons shall be addressed to the Tahsildar or the Deputy
Tahsildar in independent charge as the case may be.
 55
Provided further that when the summons is for production of
records in the custody of high dignitaries like the Speaker of the Lok-
Sabha or State Legislative Council etc., the summons shall be in the
form of a letter of request in form No. 23-A.

b. Every application for such summons shall made by an affidavit

setting out(1) the document or documents the production of which is
require; (2) the relevancy of the document or documents; and (3) in
cases where the production of a certified copy or copies and the
result of such application.
c. No court shall issue such summons unless it considers the
production of the original necessary or is satisfied that the application
for a certified copy has been duly made and has not been granted. The
court shall in every case record its reasons in writing and shall require
the applicant to deposit in court, before the summons is issued, to
abide by the order of the court, such sum as it may consider necessary
to meet the estimated cost of making a copy of the document when
produced

(4) Unless the court requires the production of the original, every
such summons to a public officer shall state that he is at liberty
to produce, instead of the original, a copy certified in the
manner prescribed by section 76 of the Evidence Act.
(5) Nothing in the above rules shall prevent a court of its own
motion from issuing a summons for the production of public
records or other documents in the custody of Public Officer in
accordance with sub-rule (1), if it thinks it necessary for the
ends of justice to do so. The court shall, in every case, record its
reasons in writing.
130. (76-A) Copies of public documents :-
When a party to a suit or proceeding seeks to obtain a certified copy of a
public document for being filed into court in that suit or proceeding, he
may apply to the court wherein the suit or proceeding, is pending for the
 56
issue of a certificate to enable him to obtain such copy from the
appropriate authority, and the court shall, on being Prima-facie satisfied
that the production of the certified copy in the suit or proceeding is
necessary, issue to the applicant a certificate to that effect.

D- RETURN OF DOCUMENTS

131. Return of documents: -

(1) Applications for the return of documents filed in court shall
be made to the court in which they were originally filed. If
any document has been transmitted to any other court, the
former court shall itself apply to such court for the
transmission of the document and shall return it to the
applicant.
(2) The appellate court shall retain copies of the trial court’s
judgment and decree as an adequate record of the judicial
proceedings so long as the destruction rules prescribe the
retention of Part I records and not return to the party under
Rule 9 of order XIII after the disposal of the appeal.

132. (77) Return of Original documents:-

a. Whenever an original document has been produced from the
custody of a court or a Public Officer, the court shall unless it seems
fit to proceed under Rule 8 of Order XIII, return it to the custody
from which it was produced, without any application for its return
under Rule 7(2) or Rule 9 of Order XIII of the code.
b. All the valuable permanent records such as registration volumes shall
be returned through a responsible person of the court and not by post
or by Railway Parcel.
c. The provisions of the Destruction of Records Act (central Act V of
1917) and the rules made there under shall not apply to such a
document until it has been returned to the court or the Public Officer
by whom it was produced.
 57

133. (78) Deposit for postage:-

If a record (not falling within the provisions of Article 11© of
Schedule II of the Andhra Pradesh Court Fees and Suits valuation
Act, 1956) or document is required to be sent by post the court may
direct the applicant to deposit in court sufficient court fee stamps to
defray the postage of the same to, and from the court. Unless the
court otherwise orders, the costs of, incidental to, and application for
production of records which are material and relevant to the case, or
which are present for by the court of its own accord, shall be costs in
the case.
 58
CHAPTER XI
Commissions
134. (82 (1)) Application for commission:-
Every application for the issue of a commission shall state grounds
there of and shall be supported by an affidavit setting forth the length
of time that the execution of the commission is likely to occupy, the
details regarding the locality where the commission is to be executed
and its distance from the court, the estimated expenses of the
commission, and the remuneration, if any, of the proposed
commissioner: and in the case of commission for local investigation
or to examine accounts, mesne profits etc., the specifice points on
which the enquiry is desired.

135. (82(2)) Commissioner’s fees:-

a. If the application for the issue of a commission is granted, the court
shall, after consulting the parties or their advocates, fix the amount
of Commissioner’s fees and expenses and direct payments there of
into court: and the commission shall not be issued unless the sum
fixed by the court is paid into court within the prescribed period.

Provided that the court may, from time to time, on the

application of any
party or the commissioner, direct that any further sum be brought
into court
by any party.

Process fees shall be collected for serving orders of appointment of

Receivers and Commissioners as per item II of Schedule of
process fees.

136. (83 and 106) Return of Commission:-

Every order for the issue of a commission shall specify the date
or several
 59
dates within which the return of the commissioner and the
objections of the
parties there to shall respectively be filed in court; and the suit or
matter
shall be adjourned to a fixed day.

137. (107) Appointment of audit:-

If the court finds that the books of account have been regularly
and properly kept, and correctly represent all the dealing sand
transactions in question, the court may appoint a commissioner to
audit the accounts and vouch the items there of, and to prepare a
statement of account and balance sheet, as in Form No. 34.

138. (108) Declaration by Court:-

If the court finds that any items have been included in the books of
accounts which do not form part of sthe transactions in question, or
are not properly chargeable to any party, or that any transactions
have not been included in the said books, it shall declare generally
the nature of the transactions or items to be excluded or included in
taking the accounts, as in Form No.35, and the Commissioner shall
be empowered to state what, in his opinion, should be allowed or
disallowed in these respects, as in Form No.36.

139. (109) Report of Commissioner:-

The Commissioner shall make his report in the manner
prescribed by form
No.37 and shall annex there to a statement of the proceedings
he had
before him together with lists of the witnesses examined and
exhibits
marked by him. If he is empowered to state his opinion on the
matter
 60
referred to him, he shall append to his report schedules setting
out the
several contested items allowed or disallowed by him, and
stating shortly
his reasons for so doing, as in the said form.

140. (110) Consideration by Court:-

At the adjourned hearing of the suit, the court shall consider the
objections,
if any of the several parties to the statement of account and
balance sheet or
to the report of the Commissioner and may, if necessary, direct
any party to
bring in a fresh directions, as to the manner of vouching or taking
the
accounts.
141. (New) Fees for execution of foreign Commissions:-
a. For execution of a commission/letter of request issued under
Rule 19 of Order XXVI of the Code at the instance of Foreign
Tribunals, a sum of Rs. 100 to wards the fees and Rs. 25
towards the expenses of the witness or such as the High Court may
fix in the order shall be collected from the court at whose instance
the commission in question has been issued.
b. The scale of fees will be the same for the examination of
witnesses whether the commission is executed by the court or caused
to be executed by a Commissioner. If he commission is executed by
the court, the fees shall be credited to the State Government.
c. Such commissions shall be duly executed even if the sum
remitted is sufficient to cover the costs at the above rates. When the
commission is returned, the return shall state what additional sum
 61
may be due, or the excess remitted that has to be returned, as the
case may be
 62
CHAPTER XII
Judgments, Decrees and Orders

142. (New ) Time for delivery of judgment:-

(1)The court, after the case has been heard, shall pronounce
judgment in an open court, either at once, or as soon thereafter as
may be practicable and when the judgment is to be pronounced
on some further day, and such day shall be within thirty days and
it shall not ordinarily be a day beyond sixty days from the date on
which the hearing of the case was concluded the court shall fix a
day for the purpose, of which due notice shall be given to the
parties or their pleaders”
(2) The fair copy of the judgment required for the record in court
shall be
prepared with in five days of the date on which on which
judgment is
pronounced.
NOTE:- In the case of Small Cause Suits “Fair” judgments will be
required
only in contested suits

(3)Where a party applies for a typewritten copy of the judgment

immediately after the pronouncement of the judgment, a carbon
copy shall be prepared along with the fair copy under sub-rule
(2) The carbon copy shall be furnished to such party on
payment of copying charges at the same rates applicable to the
certified copies. The Charges shall be paid in the form of court-
fee labels which shall be affixed on the application for
typewritten copy before the copy of delivered. The carbon copy
shall be certified and shall bear the seal of the court and shall
bear the seal of the court and shall contain the particular
mentioned below.
(i) Date of application.
 63
(ii) Date on which charges called for,
(iii) Date on which charges deposited.
(iv)Date on which copy ready,
(V) Date of delivery of the copy

143. (84 and 90) Form of judgment:-

a. The judgment of the court shall be headed with the full
cause-title of the suit, appeal or mater, the name of the Judge, and
the date on which it was passed, and shall state the names of the
parties or their advocates who appeared at the hearing and be drawn
up in consecutive numbered paragraphs and shall also state the dates
on which the case was heard as in Form No. 24 and a list of exhibits
filed and witnesses examined shall be annexed thereto.
b. The judgment and final order in matters other than suits or
appeals including contested Interlocutory Applications, Execution
Petitions and Execution Applications, shall be drawn up in the same
manner as the judgment and decree in the suit.
144. (New) Form of Decree and Time for preparation:-
(1) Every decree shall be headed with the full cause-title of the
suit, appeal or matter, the name of the Judge and the date on
which it was passed and shall state the names of the parties, their
description and registered addresses together with the names of
the advocates who appeared at the hearing and shall be drawn up
in Appendix-D to the Code with necessary modifications.
(2) Every decree shall ordinarily be drawn up” AS
EXPEDITIOUSLY AS POSSIBLE AND, IN ANY CASE
WITHIN THE FIFTEEN DAYS FROM THE DATE
“within one week of the
date on which judgment is pronounced. The decrees in
intricate or
important cases may be shown to the advocates concerned
before they are
 64
finally drawn up.

145. (87) Statement of Registration District in Decree or an order in a

claim petition as to immoveable property:-
Every decree an order in a claim petition with respect to
immoveable property shall state, as part of the description
thereof, the registration district, taluk Municipal Corporation or
Municipality in which the same is situate, and there be annexed to
the decree, a statement of the particulars mentioned in Form No.
8 certified by the Officer of the Court, and a copy there of shall
be furnished to every party applying for a copy of the decree.
146. (985) Form of particulars of claim:-
The particulars of the claim to be inserted in the register of civil
suits, and in the decree of order, shall follow as for as possible the
forms of concise statement given in Form No.25 and shall contain
the amount or value of the claim and the date when the cause of
action accrued.
147. (86) Specification of periodical payment:-
Where periodical payments are directed, the decree or order shall
specify the date of the first payment, and the day of each month or
year on which the subsequent payments are to be made, as in
paragraph 5 of Form No.2 of Appendix III-D,
148. (88) Specification of periodical payments:-
When, after the passing of a decree for money, an application is
made under Order XXI, Rule 11(1) of the Code, the decree shall be
made in Form No.26
149. (89) Decree or order for cancellation of Registered Instrument:-
Where any instrument effecting immoveable property registered
under the Registration Act, 1908, is set aside discharged or cancelled
an order of decree of a Civil Court, the court shall forthwith cause a
copy of the decree or order drawn upon on plain paper to be
forwarded to the registering office.
 65
Provided where such order or decree is modified, set aside or
reversed, copies of further orders or decree shall also be forwarded
to the registering officer.
150. (91) Setting aside exparte decree where money or property recovered
under same:-
An order, setting aside an exparte decree or order, under which a
party has recovered any money or property, shall ordinarily
direct the same to be brought into court, or possession thereof to
be delivered to a receiver, pending the final disposal of the suit or
matter, as in Form No.27 if a decree is then passed dismissing
the suit or matter, it shall be drawn up in Form No.28.
151. (92) Appellate decree reversing lower court decree where money or
property is recovered:-
The decree of an appellant court reversing the decree of a
lower court
under which money or property has been recovered shall direct
the of the
amount, or delivery of possession of the property recovered, as
in Form
Nos. 29 and 30.
152. (93) Several appeals against same decree:-
If more than one appeal is made against the same decree, the
appeals shall, if possible, be heard together and one decree only
shall be drawn up which shall be headed with the cause titles of
the several appeals.
153. (94) Reference to High Court:-
When a case in referred under Order XLVI, Rule 1 of the code,
the court shall required the applicant to bring into court stamps
requisite for service on notice on himself and all other parties to
the suit or appeals, or if the reference is made on the motion of
the court, the court shall require each party to bring into court
stamps required for service on himself and shall transmit such
court –fee stamps with the statement, of the case.
 66

COSTS

154. (95) Production of certificate of receipt of fee except in certain cases:-

Unless the court otherwise orders, and except in the case of an
Advocate appearing on behalf of the Government of or a public
servant whose defence is undertaken by the Government or of
the Agent of the Court of Wards, no fee shall in any case be
entered as recoverable in a decree or order except on production
of a certificate, signed by the advocate that he has received the
fee
155. (96) Statement of costs:-
a. Each party shall within five days from the date of judgment
or order or such further period as may be allowed by court, bring
into curt the certificate mentioned in the preceding rule and a
statement in the forms contained in appendix-D Form Nos. 1 and 2
and Appendix’s’ Form No.9 to the First Schedule the Civil
Procedure Code, 1908 (central Act V if 1908) and signed by him or
1 is advocate, if any, of the costs and expenses incurred by him, and
may include therein the costs of .
(i) issuing notice before the institution of the suit not
exceeding rupees thirty;
(ii) preparation of process;
(iii) making or getting copies of pleadings, applications,
affidavits documents which are served on the opposite
party at the rate not exceeding 0.50 paise per page
inclusive of copies;
(iv) Traveling allowance and batta at the prescribed scale to
witnesses (Whether summoned through court or not) who
 67
have attended the court and given evidence or produced a
document;
(v) Obtaining a copy including search fee of a public
document including an encumbrance certificate is relevant
and marked as an exhibit or has been filed into court in
compliance with any rule;
(vi) Any adjournment or interlocutory application allowed to
him;
(vii) Obtaining certified copies of depositions in the case; and
(viii) Shall give credit for any costs allowed to his opponent and
shall state the total amount claimed by him; and
(ix) In the case of appeals, charges incurred by a party for
obtaining certified copies of judgments and decrees and the
expenditure incurred for taking or getting copies of the
judgments filed along with the memorandum of appeal.
Where the copies of judgments are typewritten at a rate not
exceeding 50 paise per page (inclusive of copies) and
where the copies are otherwise mechanically reproduced
the actual cost incurred.
The said statement shall be checked by the officer of the court
who shall note thereon the sums if any, disallowed, and the total
amount disallowed him, and shall sign the same. If any party
makes default in filing the said statement the officer of the court
shall prepare and sign a statement of the amount of the institution
fee, if any, and the Advocate’s fee, as fixed by the Judge,
allowable to the said party. Each party shall be entitled to inspect
and to take a copy of the said statement.
Unless the court otherwise orders, on allowance shall be
made for the cost of, or occasioned, to any party by the
amendment of any pleading and for the stamp duty and penalty
paid by the party in the court’.
The costs of preparation of process shall be calculated at the
following rates.
 68
For preparation of original process 0.25 Ps. each.
For preparation of each duplicate process 0.05 Ps. each
Subject to a minimum fee of 0.75 Ps. in each suit.
For the price of process form-the actual amount incurred.
In appeals, the costs of the certified copies of the judgment and
the decree of the lower courts filed with the memorandum of
appeal in compliance with the rules be included in the statement
of costs.
b. The statement referred to in paragraph (1) shall be signed by the
Judge, and shall form part of the record of the case; and the total
amount of costs allowed to the parties shall be inserted in the decree
or order before the same is signed by the Judge.
156. (97) Costs when set-off allowed:-
If a defendant is allowed a set-off claimed by him, the court may, in its
discretion,
allow costs to the plaintiff in respect of the suit, and to the defendant in
respect of his
set-off. The total amounts of the said costs respectively shall be inserted
in the decree
or order, and shall be set off against one another, and the decree or order
shall direct
payment of the balance to the party to whom the same is due, as in Form
No.31.
157. (97-A) Proportionate Costs:-
In cases in which the court directs that the plaintiff or
defendant/appellant another
respondent to pay and or /receive proportionate costs, the whole costs
incurred by
each party, including court-fees. Advocate’s fees, batta etc., shall direct
payment of
the balance to the party to whom the same is due, as in form No.31.

158. (98) Notice of application for leave to withdraw:-

 69
Notice of an application for leave of withdraw from a suit, matter, or
appeal, shall be
given to all parties who have appeared at the first hearing, or if the
application is
made before the first hearing, then to all parties who have filed and
appointment of
an advocate.

159. (99) Order on application for leave to withdraw:-

Unless the court otherwise orders, an order under Order XXIII, Rule 1 of
the Code permitting a party to withdraw a suit, matter or appeal, shall be
made conditional upon payment of the costs of the defendant or
respondent as in Form No.32 and, if the respondent has filed an
memorandum of objections leave to withdraw shall be granted only with
the consent of the respondent, or upon the condition that the said
objection be allowed, and the decree or order appealed against be varied
accordingly.

160. (100) Direction as to taking accounts:-

If, in any suit or matter, it is necessary to take an account, the interim
decree shall
specify the nature of the account and the date from which it is to be
taken, and if
the account is to be taken by the court, shall direct by whom a statement
of account
is to be filed, and limit the periods within which statements of account,
objection
and surcharge shall respectively be filed in court, as in Form No.40. The
suit or
matter shall then be adjourned to a fixed day.

161. (101) Form of statement of account:-

 70
(1) A statement of account shall be in the form of a debtor and
creditor account and shall be verified by the affidavit of the
counting party or his agent. The items on each side of the account
shall be numbered consecutively, and a balance shall be shown.
(2) A statement of objection to an account, or to the report of a
commissioner, shall specify the items to which objection is taken
by reference to their number in the account or report, or the date of
the item and page of a particular book of account, or otherwise as
in Form No.33.
(3) A statement of surcharge shall specify the amount with receipt of
which it is sought to charge the accounting party, the date when,
the person from whom and the particular account on which, the
same was received by him, or in Form No.33.
(4) A statement of objection of surcharge shall also state shortly and
concisely the grounds of the objection or surcharge and shall also
state the balance. If any admitted or claimed to be due, as in Form
No.33.
162. (102) Inspection by parties:-
Every party to the suit or matter shall be at liberty to inspect and take
notes of a
statement of account, balance sheet, statement of objection and
surcharge, or report
of proceedings of a commissioner, when filed in court.
163. (103) Passing of accounts by court:-
On the adjourned hearing the court shall consider the objections and
surcharges made and determine the amount due.
164. (104) Extension of time to file statement of account:-
If any party has not filed his statement of account or of objection and
surcharge with in the period limited, the court may from time to time
extend such period or direct any other party to file statement of account,
or proceed to decide the suit forthwith on the evidence before it. Evidence
shall not be admitted with respect to an objection or surcharge not
included in statement of objection or surcharge.
 71
165. (105) Periodical filing:-
When a person is directed to file his accounts periodically, the court shall
fix the
dates in each year before which his statement of account and balance
sheet are to be
filed and on which same will be considered by the court.
 72
CHAPTER XIII
Appeals
166. (New) Memo of Appeal:-
The memorandum of appeal shall specify, concisely and under distinct
heads, the
grounds of objection to the decree appealed from the precise relief which
the
appellant proposes to ask the appellate court to grant.
167. (New) Appeals against orders:-
All appeals arising against the Orders made on petitions under Special
Acts such as (1) Andhra Pradesh Buildings (Lease, Rent and Eviction)
Control Act, 1960; (2) Andhra Pradesh Co-operative Societies Act, (3)
Andhra Pradesh Municipalities Act, 1965, etc shall be registered as Civil
Miscellaneous Appeals and entered in the Civil Register No. 4 shall be
registered as Civil Miscellaneous Appeals and entered in the Civil
Register No.4 shall be registered as Civil Miscellaneous Appeals and
entered in the Civil Register No.4
168. (New) Transmission of records:-
All the material papers in every suit or other proceeding in which an
appeal has been
made shall be transmitted to the Appellate Court immediately obn receipt
of
intimation that an appeal has been registered and calling for records
without waiting
for the service of notice on the respondent..
169. (New) Costs to be stated:-
(1) The Court shall, in every case in which a finding is called for under
Rule 25 of
Order XLI of the Code, while returning its finding, certify at the foot there
of the
amount of costs showing the items in detail incurred by each of the
parties the
case.
 73
(2) When a suit is remanded, a statement of the costs incurred in the
Appellate Court
shall be appended to its order.

170. (New) Appeals against Interlocutory Order:-

Appeals against interlocutory Order which held up the progress of suits or
other proceeding in the trial court, shall be given precedence over all civil
work other than that of a specially urgent nature and such appeals shall be
disposed of expeditiously.
171. (New) Judgment in Appeal:-
The Appellate Court may formulate suitable points for determinations in
appeals in
accordance with the same principles on which issues are framed in the
Trial Court
and record its distinct finding on all questions of fact as is sufficient to
show that the
court has dealt with each ground of appeal.
 74
CHAPTER – XIV
Special Procedure in Particular Cases
A-MINORS AND PRESONS UNDER D’SABILITY
172. (111) Plaint or original petition on behalf of mino:-
When a plaint or original petition is presented by a person as the next
friend of a
plaintiff who is a minor or under disability, he shall at the same time file
an affidavit
by some disinterested person that he has no interest the subject-matter
or the suit or
matter, adverse to that of the plaintiff that he is defendant or respondent
in the suit
or matter, and that he is a fit and proper person to act as next friend.
173. (112) Appointment of guardian ad-litem:-
If the plaintiff applies for appointment of a guardian ad-litem of a minor
defendant, he shall give not less than six days notice of the application to
the further, or guardian, or custodian, of the minor.

174. (113) Placing guardian in funds:-

When a guardian ad-litem of a defendant, who is a minor, or a person
under
disability, is appointed, and it is made to appear to the court that the
guardian is not
in possession of any or sufficient funds for the conduct of the suit on
behalf if the
said defendant and that the defendant will be prejudiced in his defence
thereby, the
court may from time to time, order the plainstiff to pay through or in the
presence of
the court moneys to the guardian for the purpose of his defence, and all
moneys so
paid shall form part of the costs of the plaintiff in the suit, the order may
be made
 75
conditional up on the guardian filing in court his accounts of the money
so received
by him.

B-PARTNERSHIP SUITS
175. (114) Parties:-
In a suit for dissolution of partnership, or for an account of partnership
dealings, all
the partners, and all persons entitled to share in the profits of the
partnership
business, shall be made parties. The plaint may be as in Form No,38.
176 (115) Inspection of books of account by parties:-
If, at any time, it appears to the court that any party has not had
inspection of the books of account or papers of the partnership, either
through his own neglect or the default of any other party, the court may
order the same to be produced for his inspection at the court-house or
other convenient place; and if any party alleges that the books of the
partnership do not correctly set forth all the dealings and transactions of
the firm, or contain items or transactions not proper to be included there
in, the court shall direct such party to file a statement giving particulars of
the errors or irregularities complained of, as in Form No.39. The hearing
of the suit shall then be adjourned, and the party in default may be
ordered to pay the costs of the adjournment.
177(116) Impeachment of settled account:-
If any party desires to impeach a settled account on the ground of error,
he shall, in
in plaint or written statement, set out the specific errors or irregularities
alleged by
him if on the ground of fraud, or of a mistake affecting the whole account
he shall in
his plaint or written statement set out full particulars of the fraud or
mistake alleged
by him.
 76
178(117) Interim decree where partnership and books admitted:-
If at the first hearing of the suit, the partnership and the terms thereof, and
the correctness of the books of account, are admitted, and it is only
necessary to take an account the court may at once pass an interim decree
specifying the account to be taken, and the manner of taking the same.
179(118) Matters to be determined at hearing:-
At the hearing of the suit the Court shall determine the persons who are
partners of the firm, and who are entitled to share the profits thereof, and
the proportions in which they are entitled to share profits and are liable
for losses and also, whether the books of the partnership have been
regularly and properly kept and correctly represent the transactions and
dealings of the partnership, or if any allegations have been made in this
behalf by any party, whether there are any errors or irregularities therein,
or any party has been guilty of fraud in respect thereof. If the court finds
that there are errors or irregularities in the accounts or that fraud has been
committed, it shall declare generally the nature of the said errors, or
irregularities, or fraud, or the particular transaction in respect of which
the same has been committed , as in Form No.35.
180(119) Court to give directions as to taking accounts:-
At the hearing of the suit, the court shall also determine what accounts are
to be taken, and from what date and give such directions as may be
necessary for taking the same in manner prescribed by rules (160 to 165
and 136 to 140), and shall direct what notice, if any, is to be given, by
advertisements in the local newspapers or otherwise, of the dissolution of
the partnership. The court may, if a Receiver has not been previously
appointed, appoint a receiver of the assets of the partnership. The court
shall then pass an interim decree in Form No.40 or Form No. 41 and shall
adjourn the further hearing of the suit to a fixed day.
181(120) Errors in settled account:-
In the case of a settled account, if errors or irregularities are proved, the
court may either rectify particular items, or give liberty to any party to
file a statement of objection and surcharge; if fraud, or a mistake
affecting the whole account is proved the court may direct an account to
 77
be taken from the date of the settlement of accounts, of any, preceding the
fraud or mistake.
182(121) Commission to take account:-
If a commissioner is appointed to take an account, he shall take the same
in accordance with the directions and findings of the court, as contained
in the interim decree; and except as aforesaid, none of the matters in
Rules 179 &180 mentioned shall be referred to or dealt with by a
commissioner
183(122) Order for discharge of debts and liabilities:-
When the accounts of the firm have been duly taken and approved by the
court, it shall pass an order providing for the discharge of the debts and
liabilities of the firm, and for the retention in court of a sum sufficient for
payment of any costs, charges, and expenses of the suit properly payable
out of asset, and adjourn the suit to a fixed day.
184(123) Distribution of assets where they exceed the liabilities:-
(1) If the assets exceed the debts and liabilities of the firm, and if the
parties agree to retain the assets in their hands respectively, on account
of their respective shares in the firm, the order in Rule 183 mentioned
may also provide for the payment of any balance which may be due by
the firm to any of the parties, after debiting them with the estimated
value of the assets in their hands. The order may be in Form No.42, or
if commissioner has been appointed to take the accounts or a Receiver
has been appointed, In Form No. 43. If the parties apply for the
distribution of the assets in any other manner, the order may direct the
realization of sufficient assets to discharge the debts and liabilities of
the firm and to provide for equality of partition, as in Form No.44 At
the adjourned hearing the court may, if the terms of the said order
have been complied with; pass final decree in Form Nos. 45, 46 or 47
according to the circumstances of the case.
(2) A final decree effecting a partition of partnership assets shall be
engrossed on non-judicial stamp paper of the same value as that
required for an instrument of partition.
 78
185(124) Procedure where liabilities exceed the assets or where parties do
not
consent to a distribution of assets:-
If any party, ordered to make any payment, or to do any other act, fails to
comply
with the order of the court, any other party may apply that a Receiver
may be,
appointed to collect and realize the assets of the firm, and for an
injunction to restrain
the party in default from retaining or parting or dealing in any manner
with the said
assets.
186(125) Appointment of receiver on default of party:-
If the debts and liabilities exceed the assets of the partnership, or the
parties do not consent to distribution of the assets, the court shall direct
the balance due from the several partners to be paid into court, and the
assets to be realized, as in Form. No .44 ; and if, at the adjourned hearing,
it appears that the debts and liabilities have been fully discharged the
court may pass final decree in Form No.46 omitting paragraph 4 thereof.
187(126) Form of orders:-
An order for an injunction in a partnership suit, an order on appeal from
the final decree reversing the same and appointing a Receiver, may be as
in Form Nos. 48, 49 and 50 respectively.
 79
CHAPTER – XV
Copies and Copyists Establishment
CERTIFIED COPIES
188(128-B)(2)1 Persons entitled to apply for copies:-
(1) Any party to a suit or proceeding shall be entitled to obtain copies of
judgments, decrees, or orders made or of any documents exhibited in
such suit or proceeding on payment of charges in the manner
prescribed under these rules.
(2) Any person who is not a party to a suit or proceeding requiring, copies
of judgments, decrees or orders made or of any documents exhibited
in such suit or proceedings may apply to the court for grant of such
copies by duly stamped petition supported by an affidavit stating the
purpose for which the copy is required.
Provided that, in cases of doubt whether, the copy applied for should be
furnished, the application shall be placed before the judge for his
decision. If the application is refused by the Judge it shall be returned to
the applicant with the order of Judge endorsed on it.

189(128-B(I) Copies of confidential papers:-

Nothing in these rules shall entitle a person to a copy of (a) Judge’s notes
or minutes (b) Correspondence not strictly judicial and (c) confidential
Correspondence.
190(127(1) &128) Application for certified copy:-
(1) A person entitled to obtain a copy or who has obtained an order of
court under these rules may present an application therefor to the
Superintendent of the copyists or where there is no such officer, to the
Chief Ministerial officer eeither in person or by his Advocate or the
letter’s authorized clerk between the hours of 11.00 a.m and 3.30p.m
If the proceeding or document has been sent, to another court the
application may, at the opinion of the applicant, be forwarded to the
said court for compliance, or be returned to him, for presentation to
the said court.
 80
(2) The Application shall be in Form No.51 and shall set out the name of
the applicant and when he is a a party to the suit or proceeding his
position in the suit or proceedings and description of the document of
which a copy is required. An application, which is not in proper form,
shall be returned for amendment.
191(128-A)1 Defective applications:-
When a application is returned for amendment a time limit of days shall
be fixed for its representation. A defective application, which is not taken
return of by the applicant and not represented within the period specified
above shall be struck off.
192(127(2) Copies of Proceedings of High Court:-
An application for copy of a plaint, written statement, memorandum of
appeal, judgment decree or other proceedings of, or in the custody of the
High Court may be made by an party to such proceeding to the Court of
first instance, or to the lower appellate court and shall be transmitted by
the said court to the High Court for disposal. The copy, if granted, shall
be transmitted by the High court to the former court, and on payment of
the prescribed fees, shall be delivered to the applicant. No copy of any
proceedings of the High Court shall be granted by a subordinate court.
Ana application by a person not party to the proceeding shall be made
directly to the High Court.
193(129) Notice as to stamp papers:-
(1) Every day a list showing the applications in which the records have
been received. And the number of stamp papers required in each case
shall be prepared and affixed to the notice board of the court between
the hours of 3.30 p.m and 5.00p.m. Such lists shall remain on the
board for the clear working days. Application upon which the
requisite stamp papers have been deposited shall be struck off from
the list. After the expiry of the period prescribed for the deposit of the
stamps, the list shall be taken down and filed in the record for 12
months and shall then be destroyed.
(2) If the required stamp papers have not been deposited by 3.00 p.m on
the fourth working day counting from the including that on which the
 81
lists were first affixed the application shall be struck off and, unless it
is restored on an application made to the court for the purpose, copy
shall be granted only on a fresh application.
(3) The above procedure shall apply for collecting additional stamp
papers when the number first supplied has been found to be
insufficient;
Provided that, where the additional stamp papers called for are not
deposited but the stamp papers originally deposited are sufficient for the
preparation of complete copies of one or more of the documents applied for, the
application shall be struck off only as regards the documents which cannot be
prepared by reason of the insufficiency of the stamp papers supplied. In such
cases, the Superintendent of the copyists of such other officer as the Judge may
appoint in this behalf, shall decide which document shall be copied and the
decision shall be final.
194(134(7) When stamp papers not available:-
It shall be open to the parties after obtaining the previous order of the
judge in this
behalf, to furnish white foolscaps size paper of durable quality with the
requisite
court fee stamps affixed on each sheet in lieu of stamp papers, and the
papers so
stamped shall for all purposes, be deemed to be stamp papers.
195(129-A)1 Order in which applications should be complied with:-
The preparation of the copies of documents applied for or such of them as
admit of being copied in full on the stamp papers deposited shall, as for
as possible, be undertaken in accordance with the serial order of the copy
applications;
Provided that copies of decrees and judgments, if any, comprised
in an application shall have precedence over copies of other documents
included in the application. A special order for precedence as regards any
particular application shall be made only on a separate application duly
stamped under the Court
Fee Act and praying for such an order.
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196(130) Posting of list of copies:-
A list of copies ready for delivery shall be pasted on the notice board of
the court at 11.00 a.m., each day and shall remain thereon for three clear
working days. The copy and any unused stamp papers shall be delivered
to the applicant between the hours of 10.30 and 11.30 a.m and 3.00 p.m
and 5.00 p.m and if the copy is not claimed by the applicant within 12
months from the date of posting the said list, it shall be destroyed.
Immediately after the copies are delivered to the applicant concerned the
entries relating there to shall be struck off the list. The lists shall be
retained for twelve months after which they shall be destroyed. As and
when copies are delivered to the parties, appropriate entries shall be made
in the list.
197(130-A) Disposal of incomplete copies and used stamp papers:-
(1) Where an application is struck off in whole or in part, the applicant
shall not be entitled to the incomplete copy of any document prepared
on his behalf. The incomplete copy shall be destroyed after twelve
months from the date on which the application was struck off.
(2) Where an applicant has furnished the required number of stamp
papers, but some remain unused owing to the copyists writing too
closely, the Presiding Officer of the Court shall forward the unused
stamp papers to the local or the nearest treasury officer.
(3) Where stamp papers have been furnished in excess of the requirements
or where an insufficient member of stamp papers has been furnished
and the applicant fails to furnish the requisite number of additional
stamp papers within the prescribed period, it shall be noticed on the
notice board that the unused stamp papers will be held at his disposal
for a month from the date of affixture of such notice and will be sent
to him by registered post if with in the above period he remits the cost
of dispatch which shall be sated in each case. If the amount be not
remitted and no arrangements made to take delivery with in the period
fixed, the unused stamps, shall be treated as cancelled and sent to the
local or nearest treasury officer.
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198(131) Delivery by post:-
The applicant may, in his application for a certified copy, apply that the
same may be delivered to him through the post at a specified address; and
in such case, the copy shall be forwarded accordingly, and if the applicant
so requires, by registered post.
199(132) Sealing and certificate:-
All copies furnished by the court shall be certified to be true copies, and
shall be sealed with the seal of the court. The Superintendent of copyists
or other officer appointed by the Judge, shall initial every alteration and
interlineations in the copy, and shall sign a certificate at the foot thereof
that the same is a true copy, and shall also state the number of alterations
and interlineations made therein.
200(133) Endorsements as to dates:-
Every copy shall bear an endorsement showing the dates on which:-
(1) the application was made;
(2) the application was returned;
(3) the application was represented;
(4) the stamps were deposited;
(5) the stamps were deposited;
(6) the additional stamps were called for;
(7) the additional stamps were deposited;
(8) the copy was ready, and ;
(9) the copy was delivered.

The copy application (C.A) number shall also be noted on every certified
copy.
201(New) Copy applications struck off:-
(1) Any copy application struck off under Rule 191 or under Rule 193
supra may be restored by the court on a petition supported by an
affidavit preferred for that purpose. The petitioner may deposit the
required copy stamps along with the petition for restoration of the
application for copies.
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(2) Every certified copy furnished after such restoration of the application
for the copies, shall bear an endorsement showing, in addition to the
details specified in Rule 200 Supra.
i. The date on which the application was struck off;
ii. The date on which petition was filed to restore the application
and ;
iii. The date on which the application was restored to file.
202(New) Drafting of formal orders:-
(1) When an application is received for a copy of a judicial order for
purpose of appeal or revision,, the court shall draft a formal decree
and furnish a copy of the same after collecting necessary charges.
(2) To avoid inconvenience to the Appellate Court in reading the typed
papers, the court shall furnish the first written copy of judgment,
decree or order to the parties requiring them for purpose of appeal or
revision.
203(134) Copying Charges:-
(1) One copy stamp paper shall be furnished for every 350 words or part
thereof, in the case a copy for which Article 21 of Schedule I-A of the
Stamp Act, 1899 as amended and the rules made there under require
the production of non-judicial stamp paper of a particular value, the
stamp paper or papers supplied for the purpose shall be used for
copying and shall be written on in the same manner as if they were
copy stamp papers. Copy stamp papers shall be furnished to make up
the deficiency in the papers required to complete the copying.
(2) 175 words shall be written on each page. Four figures shall be taken as
equivalent to one word.
(3) The copying fee for each page shall be(Re.1/- )1 or such fee as the
Government may prescribe from time to time. Where the value of the
stamp paper is less than the prescribed fee, the deficiency shall be
made good in the shape of adhesive court fee stamps, When the copy
is written on non-judicial stamp paper adhesive court fee stamp of the
prescribed fee shall be affixed to each page on which the copy has
been made. The copying fee shall not be collected in cash.
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(4) The cost of copying maps, plans, genealogical trees, tabular statements
or other matter requiring special skill shall be fixed by the judge and
shall be deposited in cash in court. Notice of such amount shall be
pasted on the notice board of the court and the provisions of Rule 193
shall apply to the payment of such amount.
(5) Except in a case requiring special skill, copying charges for execution
petitions, diglot registers sale proclamations, books of account or other
matters, including lines and columns shall be levied with reference to
the space occupied, provided that not more than 175 words shall
ordinarily be copied on or computed as the equivalent of one page.
203. A.
(1) On an application by the party, the court may grant copy of a
proceeding or document filed in or in the custody, of the court by
getting it reproduced mechanically on payment of Rs. (2-00)1 per page
by means of affixture of court fee labels to the application for copy or
in cash through lodgment Schedule with in such time as the court may
grant.
(2) The same Rules as are applicable to certified copies to be taken out on
copy stap papers will also apply mutatis mutandis to copies taken by
mechanical reproduction”.
204(136) Costs of typing or copying:-
Costs of typing and/or copying may be taxed and dealt with as costs
in the
cause.
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CHAPTER XVI
Proceedings in Execution

205(137) Rules applicable to all proceedings in execution:-

The following rules shall apply to all proceedings in execution as
well of decrees as of orders, and in this chapter the word ‘decree”
includes ‘order”.
206(138) Transmission of decree for execution:-
(1) An application for the transmission of a decree to another cout for
execution shall be made by a verified execution petition headed with
the cause-title of the suit, and the serial number of the execution
petition in the suit and shall state, in addition to the particulars set out
in clauses (a) to (i), inclusive of Order XXI, Rule 11(2) of the Code,
ay facts relied on by the applicant to bring the case within the terms of
Section 39 and order XXI, Rule 4 and 5 of the Code, and shall specify
the court to which transmission of the decree is sought, as in Form No.
52.
(2) If the application is admitted, the applicant shall, within 7 days
thereafter, deposit in court the process fee and the expenses for issue
of an order and for transmitting the decree.
(3) Notice of the application shall be given in all cases in which, under
Order Xxi, Rule 22 of the Code, notice of an application for execution
is required.
(4) The certificates and orders of transmission of decree to another court
for execution under Rule 6 of Order XXI shall be signed by the
Presiding Officer of the Court and the seal of the Court shall be
affixed for authentication.
(5) The Court granting the application may, if prayed for by the applicant
hand over to him or to his advocate, in a sealed cover, a copy of the
order transferring the decree together with the documents enumerated
in Rule 6, Order Xxi of the Code to betaken to the court to which they
are to be transmitted. The Court shall sent a copy of the order in
confirmation to the court to which the decree is transmitted.
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207(139) When sent to District Court of another District:-
If the decree is sent to the District Court of another district for execution
by a court subordinate thereto, the district court shall at once transmit it to
the subordinate court, and no application to the District court shall be
necessary. No charges for transmitting the decree to such subordinate
court shall be levied by the District Court.
208(140) Return of decree to the Transmitting Court:-
(1) The court of which a decree is sent for execution shall certify to the
court which sent the decree, the fact of execution of such decree
specifying the nature and extent of satisfaction, or where the former
court fails to execute the decree the circumstances attending such
failure.
(2) If the decree-holder does not, within six months from the date of the
receipt of the decree on such transfer, apply for execution there of, the
court to which the decree has been sent shall certify the fact that no
application for execution has been made to the court which passed the
decree and shall return the decree to that court.
209(140) Application for execution:-
(1)Except when made under Order Xxi, Rule 11(1) of the Code, an
application for
execution of a decree shall be by petition and, in addition to the
particulars set
forth in Order Xxi , Rule 11(2) of the Code, shall be headed with the
cause title
of the suit and separately numbered in each suit.
(2)The petition shall, if it relates to any property of the judgment debtor,
pray for the
realization thereof, in the manner appropriate to the nature of the
property, as in
Form. No. 53 and shall also set out the whole of the relief which the
Applicant
requires at the time of presenting the same. The court shall not grant
any relief
 88
not claimed by the execution petition.
210(142) Certified copy of decree to be filed:-
The Judgment creditor shall, together with the first petition for execution
or transmission of a decree, file in court a certified copy of the decree
sought to be executed, and shall not be required, upon any subsequent
application, to file a further copy or the same decree, unless the copy
already filed has been sent to another court, under Order XXXI Rule 6 of
the Code, and has not been returned and application is made to the court
which passed the decree for simultaneous execution.
211(143) Non-compliance with Rules:-
A petition not complying with the provisions of the Code or these rules or
not claiming any substantial relief, shall be returned for amendment or
rejected.
212(144) Procedure on the after hearing of petition:-
(1) Upon the hearing of the petition the court shall as contain whether the
provisions of the Code and these rules have been complied with and
shall determine whether notice thereof is to be served on any person.
If the petition is admitted, the court shall adjourn the further hearing to
a fixed day, and the application shall within two days or such other
period as may be fixed by the judge, bring into court the fees
prescribed for issue of process and if the application is for arrest of the
debtor the subsistence moneys fixed by the judge under Order XXI,
Rule 39(1) of the Code. At the adjourned hearing the court may, if the
prescribed fees and subsistence money have been paid, order process
to issue; or in case of default, may extent the time for payment, or
dismiss the petition. Provided that the court may, if it thinks fit, on
admitting the petition, in any case in which the prescribed fees and
subsistence moneys have been paid order process to issue forthwith.
(2) While making an order on an execution petition which involves
termination or suspension or proceedings in execution the court shall
state clearly in its order whether the execution petition is terminated
on the completion of execution or adjourned or dismissed.
213(145) Determination of question arising in execution of Decree:-
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If any question arises for the determination of the court executing a
decree the same shall be heard and determined upon the hearing of the
petition or an application made therein, and, if evidence is taken orally,
the court shall record the evidence of the witness, and mark all exhibits
admitted in evidence, in accordance with Order XVII, Rules 4 and 9 to
the Code. The Court shall, in any case records its judgment and draw up
its order in the same manner as upon the hearing of a suit.
214(146) Order to appoint a day for sale:-
In the case of an application for the attachment and sale fo any property,
the court unless otherwise orders, shall after passing necessary orders,
adjourn the hearing of the petition to a fixed date.
215(147) Joint decree- holders:-
When an application is made by one or more of several joint decree-
holders unless a written authority signed by the other decree-holder for
the applicant to execute the decree and to receive the moneys or property
recovered is filed in court, the court shall give notice of the order, if any,
passed for the execution of the decree, to all the decree-holders who have
not joined in the application; and may also, in its discretion, give notice
of any application for payment out of court, or delivery to the applicant,
of any money, or property recovered in execution.
216(149) Application in pending petition:-
At the hearing or any adjourned hearing of an execution petition, the
judgment-creditor may apply orally for any relief prayed for by the
petition; and any other party may upon giving three days notice in writing
to the opposite party, make any application with respect thereto.
217(149) Application in pending pending:-
If it is necessary to make an application in connection with a pending
execution petition otherwise than at the hearing or any adjourned hearing
thereof, the application shall be headed with the cause-title of the suit,
and the serial number of the execution petition, and shall also be
separately numbered in each execution petition.
218(150) Application of rules:-
 90
Rule 53 to 59 and 213 supra shall apply to all applications by a party to
the suit or matter made in or with respect to pending execution petition.
219(151) Procedure in case of execution of documents by court:-
The procedure prescribed by Order Xxi, Rule 34(1) to (4) of the Code
shall apply to all documents where of the execution by any party has been
directed by the Court.

220(152) Decree-holder to bring into court the draft and fees for service of
notice:-
The decree-holder shall, together with the draft in Order Xxi, Rule 34(1)
of the Code mentioned, bring into court a duplicate thereon and two
copies of a notice in Form No.54 and the prescribed court fee stamps for
service thereof. One of the said copied shall be annexed to the draft, and
shall be served on the person directed to execute the document in manner
prescribed for service of summons on a defendant to a suit.
221153) Form of deed and of endorsement of negotiable instruments:-
In case of a deed, the concluding portion shall be in Form No. 55, and in
the case of a negotiable instrument, the endorsement shall be in Form
No..56 and judge shall sign the name of the party directed to execute the
document and his own name, as in the said forms, and shall affix the seal
of his court thereto.
222(154) Amount realized in execution to be paid into court:-
Except when payment is made to the decree-holder under Rule, 230 all
moneys recovered by an officer of the court, or received by an auctioneer
shall be paid into courting manner prescribed below for payment of
moneys into court and notice of the payment shall be pasted on a notice
board of the Court and a certificate there of shall be endorsed to the
lodgment schedule.
223(156) Application to certify payment or adjustment:
An application under Order XXI, Rule 2 of the Code, shall be by petition,
or if an execution petition is then pending by an application at the hearing
there of or an execution application made in the said petition.
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224(155) Payment into court in satisfaction of decree:-
(1) Except when payment is made to the decree-holder under Rule 230, a
person paying money or bringing property into court in satisfaction of
decree shall be given notice of such payment or deposit to the
judgment-creditor.
(2) Where money due under a decree is remitted to court by the judgment
debtor or any one on his behalf by Money Order or through a Bank or
by other recognized mode and the judgment-debtor or his Advocate is
not available to pay the process fees for the notice required to be
issued under Rule 1(2) of order XXI of the Code the notice may be
issued initially at Court’s cost, and the same shall be subsequently
recovered from the judgment- debtor.
225(157) Lodgment schedule to be brought in :-
(1) A person desirous of paying money into court, herein after called the
payer, shall bring into court a lodgment schedule in Form No.57,
headed with the cause-title of the suit the appeal, or proceeding and
the particular account therein, if any, to which the money is to be
credited, and stating decree or order, if any, in pursuance of which the
payment is made, or the reason for the payment, and several sums and
the total amount to be paid into court.
1
Am order for lodgment in Triplicate in Form No.58 stating the date
of issue and bearing a serial number shall then be filled-in , except as
to the date of payment and the signature of the receiving officer by the
2
Officer of the court and issued to the payer” The particulars of the
currency notes, coins and cheques shall be noted on the reverse side of
the form of the challan accompanying each remittance.
(2) When deposits are made under Rule 85 of Order XXI of the Code, one
single challan shall be used in entering the sale proceeds and the
amount required for the general stamps for the preparation of the sale
certificates.
226(158) Delivery to bank or treasury officer:-
The payer shall note the particulars of currency notes, coins and cheques
on the reverse side of the form of the Challan accompanying each
 92
remittance and deliver the monery and (OR) the Cheque and the order in
triplicate to the Bank or Treasure Officer mentioned therein, who shall
retain the Order and send one copy to the Court, with the daily scroll of
the bank and return the receipt duly signed and dated to the payer who
shall return the said Receipt to the Court. The receipt when received into
Court from the Bank with the daily scroll must be attached by Gum to the
Office Counter foil of the lodgment book’.

227(159) When Bank or Treasury is closed:-

If the bank or the treasury is closed, the money may, with the leave of the
judge, be paid to the officer of the court; in such case the lodgment
schedule shall be endorsed with a n order and counterfoil receipt, by the
officer or treasury is open, be sent, together with an order and counterfoil
receipt, by the officer of the court to the bank or treasury officer who
shall return the said receipt to the court.
1
In the case of deposits by purchasers in court auctions, when the
deposit is made when the Bank or the treasuries closed, the payment
should be made to the officer conducting the sale. The payments shall be
entered forthwith in the cash book and the ledger, and in the case of
courts dealing with the branches of “State Bank of India or the State Bank
of Hyderabad”, in Civil Register No.38, also, and the money left for safe
custody with the head clerk until the next day on which the bank or
treasury is open. The lodgement schedule shall be endorsed with a receipt
to be signed by the Judge, and shall also be signed by the head clerk in
token of his having received the money. A lodgement order shall also be
issued on the same day.
2
On the next day on which the bank or treasury is open, the officer
of the court to whom the money was originally paid shall receive it back
from the head clerk, and shall in token of having done so sign the
lodgement schedule, and he shall with all convenient speed send the
money together with an order the counterfoil receipt to the bank or
treasury officer who shall return the said receipt to the court. On receipt
 93
of the counterfoil receipt from the treasury bank, an entry shall forthwith
be made on the disbursements side on the cash book in the column under
the heading ‘cash’ and another on the receipt side of the book in the
column under the heading ‘cash’ and another on the receipt side of the
book in the column under the heading ‘Bank or Treasury’, No. separate
entry shall be made in the ledger in respect of the remittances into the
bank or treasury, but the number of the bank or treasury receipt shall be
entered in it in the form of an inset entry against the original entry.
The same procedure shall apply as for as may be, to amounts
collected by amins and peons on warrants of attachment or warrants of
arrest when the money is brought into court when the bank or treasury is
closed.
Note:- Money paid into court under this rule must be remitted to
the treasury or bank with the least possible delay and in no instance
should an interval of more than 24 hours be allowed to occur if the
treasury or bank be open. But where there is no sub-treasury or bank in
the station, daily remittance of petty amounts of less than Rs.25/- to the
treasury or bank which involve expenditure on traveling allowance out of
proportion to the amounts remitted should be avoided.
228(160) Receipt:-
Up on the return of the said receipt to the court by the payer, or by the
bank or treasury officer under the proceeding rule a receipt signed by the
judge shall be issued to the payer, and the amount paid shall be entered to
the credit of the account in respect of which the payment is made.
Note:- The High Court considers that the receipt contemplated by
this rule may be signed by the Chief Ministerial Officer of the court
authorized in this behalf by the District Judge.

(H.C.P.DIS.-459 OF 1928)
229(161) Transmission of money payable in satisfaction of decree:-
Unless it appears to the court that the personal attendance of the party is
necessary, money payable in satisfaction of a decree order may be
transmitted to the court by postal money order or in Government currency
 94
notes. In such cases, the payer shall, before transmitting the money, send
to the court, in pre-paid registered cover, a lodgement schedule in the
from prescribed by Rule 225 and stating the manner in which the money
is to be sent.
Note:-Suitor’s moneys which have been placed in Civil Court
deposit held by courts in trust in all cases and can be invested only in
securities specified in Section 20 of the Trust Act. Amounts up to
Rs.3,000 may also be deposited in the Post Office Savings Bank.
(H.R.P.DIS-88 OF 1943)
 95

2301
(162)Payment by way of crossed cheques:-
In all cases where money is payable to a party the cheque petitions are
ordered in favour of such party or parties at any stage of the proceeding
sin the court or while interlocutory orders are passed by the original
court, or while implementing orders of appellate or revisianal courts, the
money so payable shall be paid by drawing a crossed cheque (Account
payee) in the name of the party or parties to whom the money is payable
or the lawful guardian, in the name of the party or parties to whom the
money is payable or the lawful guardian, in case the payee is a minor,
upon proper identification of the said party in such manner as the court
may think fit and in such cases the lodgement schedule shall be endorsed
with an order for payment to the person or persons so entitled, in the
manner prescribed above signed by the judge and with an
acknowledgment of receipt, signed by the payee or payees and
satisfaction pro-tanto of the decree or order, if any, in pursuance of which
money is paid shall be entered-up.
231(163) Application for payment out in other cases:-
Except as provided by Rules 230 and 240, payment of money out of court
shall be made only upon the order of the Judge made at the hearing of a
suit, appeals, or matter, or upon an interlocutory or execution application,
supported by affidavit showing how the applicant is entitled to receive
payment.
232. (* * *)
233. (165) Payment schedule to be brought in:-
A person desirous of obtaining payment of money out of court, herein
after called the payee, shall bring into court a payment schedule, in Form
No.59, headed with the cause title of the suit, appeal or matter and the
particular account if any, to which the payment is to be debited, and
stating the decree or order authorizing the payment, and the several sums
and the total amount to be paid out of court and also a receipt for the said
amount signed by the payee. If the payee is the agent of the person
entitled to receive the money he shall, before making an order for
 96
payment out, verify from the weekly statements received from the
Treasury that the amount, of which payment out is sought, is supported
by the necessary credit in the account and is available for payment out.
An order for payment and counterfoil receipt in Form No.60 stating the
date of issue, the amount to be paid, and account to which the payment is
to be debited, shall then be issued to the payee. The receipts taken from
parties for sum paid out of the court shall be attached to the office
counterfoil of the payment order book.
234. (166) Presentation of Order:-
The order shall be presented for payment within the account month in which it
is
issued, and, if not presented within the period shall be returned to the
court and may
then, after being re-dated and initialed by the Judge, be re- issued to the
payee.
3
Provided that the revalidation of a payment order may be made
only once
and that too within one month after the month of issued. When a payment
order is
presented for revalidation beyond one month after the month of issue, it
shall be
destroyed and a fresh payment order be issued in lieu thereof.
235. (167) Receipt by payee:-
On payment of the amount of the order, the payee shall sign a receipt
therefore endorsed on the order.
236. (168) Order not to issue after 25th of the month except in cases of
urgency:-
Except in cases of urgency, no order for payment of money out of Court
shall be issued after the 25th day of each calendar month.
237. (169) Rules as to delivery of securities, jewellery or other valuables,
into and out of court:-
The foregoing rules shall apply to the delivery of securities, jewellery or
other valuables into and out of court, with the following modifications:-
 97
(1) Government promissory notes and other negotiable securities, shall be
endorsed “The Judge of the court of ……………………….
(2) When jewellery or other valuables are to be brought into court two
copies of a descriptive list thereof shall be presented with the
lodgements schedule, and shall be checked and signed by the judge in
the presence of the depositor. The jewellery or other valuables shall be
placed in a box, furnished with a lock and key, to be provided by the
depositor. The box shall then be locked and sealed in the presence of
the judge with the special seal supplied for this purpose, and
forwarded by the court to the bank or treasury officer together with
one of the copies of the said list and the key shall be retained by the
Judge. The remaining copy of the said list shall be returned to the
depositor, and on the return of the counterfoil receipt by the bank or
treasury officer, an receipt signed y the judge shall be given to the
depositor, in the exchange for the said descriptive list. 2 The court may
call upon the party at whose instance the deposit is made to pay into
court such sum of money as may be necessary to meet the safe
custody charges payable to the bank in the first instance or from time
to time. In default of payment the court may refuse to make the
deposit in bank or withdraw the property from the bank or may pass
such order as may be necessary for recovering any dues payable to the
bank from the party liable to pay the same.
238. (170) Cases where payment may be made in case to officer of a
court:-
Notwithstanding anything contained in this chapter moneys for any of the
purposes hereunder mentioned may be paid in cash to an officer of the
court, to be appointed by the judge.
1. Service of summons in respect of which the fees cannot be paid
in stamps.
2. Allowances to witness
3. Commission Fees.
4. Money-order commission for transmission of commissioner’s
fees.
 98
5. Judgment-debtor’s subsistence moneys.
6. Tom-Tom charges.
7. Charges for the conveyance of attached property and for feeding
attached cattle.
8. Postage and other charges for calling for records for reference,
or for transmissions or of decrees to other Courts for execution.
9. Moneys representing the values of non-judicial stamps for sale
certificate when the amount does not exceed Rs.5/- and
10. Safe custody charges payable under Rule 237.
Provided that, if in the opinion of the said officer, disbursement of the
said money is not likely to be made within a month, the procedure
prescribed by Rule 225 to 236 inclusive shall be followed.
Provided also that where the amount paid under (9) above is less
than Rs.1/- the court may retain it for a period not exceeding three months
after which if it is not disbursed, it shall be credited direct to the
Government as revenue subject to its being refunded to the party entitled
to it if and when claimed.
Provided further that in cases where the amount paid under (9)
above does not exceed Rs.5/- and said amount is not likely to be
disbursed within a period of three months, it shall, subject to the
provisions of the previous proviso, be remitted to the Bank or treasury
officer.
239. (171) Presentation of receipt:-
The person making any such deposit as aforesaid shall present therewith a
memo, in form No.61, headed with the cause-title of the suit, appeal or
matter, and specifying the purpose for which the deposit is made, and a
receipt shall be granted to the depositor.
240. (172) Repayment:-
(1) The repayment of any cash, which has not been extended for the
purpose for which the same deposited shall be made upon the
production of the receipt and under the immediate superintendence of
the judge, who shall satisfy himself as to the identity of the person to
whom such repayment is made and of his authority to receive it.
 99
(2) Provided that if the amount so deposited or the unexpended portion
there of has been sent by the Court to a Bank or treasury officer Rules
231 to 236 inclusive, shall apply to an application for repayment.
(3) If the applicant is unable to produce receipt, he shall file an affidavit
accounting for its non-production.
241. (New)1 Arrest of public servant:-
Before a warrant is issued by a Civil Court for the arrest of a public
servant (as defined in Section 21 of the Indian Penal Code) or a railway,
postal or telegraph official, seven days notice may be given to the
immediate Superior of the person to arrested.
Explanation: - In the case of a railway official, the expression
immediate official superior’ shall include a railway official of the rank of
Station Master, Foreman and Inspector but not one of lower rank. In the
case of a postal official, the said expression shall mean the
Superintendent of Post Office concerned. In the case of a telegraph
official, the expression shall mean the Superintendent of Telegraphs of
the concerned division.
242. (175 & 176) Attachment of property in custody of Public Officer:-
If the property sought to be attached is in the custody of Public Officer,
the execution petition shall ask that the property may be brought into
Court and realized; and the notice of attachment shall request that the
money or property may be brought into Court, or that such officer may
state whether he has any and what objection to so doing. If any objection
is raised by such officer, notice may be issued, in manner provided by
Order XXVII of the Code for issue of summons, for the determination of
such objection.
243. (177) Attachment of decree:-
An application for the attachment of a decree shall also pray that the
applicant may be at liberty to apply for execution there of. If an order of
attachment is made, it may be as in Form No.63 of 64 and the application
shall be adjourned to a fixed day for the applicant to apply to the Court,
or if the decree of another is attached, to the court, for execution of the
attached decree, and shall be accompanied by certified copies of the order
 100
of attached decree was made; and shall be accompanied by certified
copies of the order of attachment, and of the decree sought to be
executed, provided that, if the attached decree is the decree of another
Court other than a decree for money, the applicant shall also pray for the
transmission of the decree sought to be executed, provided that, if the
attached decree is the decree of another Court other than a decree for
money, the applicant shall also pray of the transmission of the decree
sought to be executed to the Court, and the Court may transmit the same
accordingly, together, with a notice in Form No.65. The applicant may
then apply to the former Court by execution petition entitled in the suit or
matter in which the attached.
244. (178) Decree not to be sold in execution of another decree:-
No decree shall be ordered to be sold in execution decree.

245. (179) Attachment of decree by several decree holders:-

If a decree is attached by more than one decree-holder, liberty to execute the
same shall be give to the decree-holder whose attachment is first in date and the
Court shall direct any money or property recovered by the said decree-holder
decree was made, for execution of its decree, to be brought into court for
rateable distribution. Provided that, if the decree holder to whom liberty is given
as aforesaid does not show due diligence in executing the attached decree, or for
any other sufficient reason the court may give to any other decree holder liberty
to executive and attached decree in place of former decree holder.
246. (180) Claim to attached property:-
An application by a claimant or objector, under Rule 581 or Order XXI of
the Code shall be made by a verified execution application entitled in
execution petition under which the property in question has been attached
and shall set forth particulars of the claim in the manner prescribed for
the plaint in a suit as form No.66.
247. (181) Procedure when application admitted:-
If the application is admitted, the claimant or objector shall, within seven
days thereafter or such other period as may be allowed by the judge, bring
 101
into court the prescribed fees for service of notice on the attaching
creditor, and the same shall be served in manner prescribed for service of
summons on a defendant to suit.
248. (182) Hearing of application of provisions:-
At the hearing of the application on the court shall record the evidence,
and mark all exhibits admitted in evidence and shall draw up its order
thereon.
249. (184-A)1 Extension of application of provisions:-
The provisions in Rules 246 to 248 shall apply, so for as they maybe, to
application under Order XXI, Rules 97 and 100 of the Code.
250. (183) Realisation of attached debts by the appointment of receiver:-
(1) Unless it is made to appear to the court that, form the smallness of the
amount of the debt attached, or otherwise, the appointment of a
receiver to collect the same would be useless or vexations, no debt or
right to any periodical payment shall be realized by sale.
(2) If a receiver is appointed, he shall be empowered to sue in the name of
the judgment-debtor and to rant receipts for any moneys or property
recovered by him; and the order appointing him may be in the form
prescribed by paragraph 7 of Form No.5 of Appendix III-D 2 so far as
it may be applicable.
251. (184) Realisation of property attached by seizure:-
When an attachment of property is made by actual seizure, the court shall,
if within one month from the date of the attachment, the property has not
been sold or the attachment has not been removed, of its own motion,
direct the property to be sold by the officer of the court; and the proceeds
of the sale after payment of the expenses of the sale, and the prescribed
fee shall be brought into court to the credit of the suit or matter in which
the attachment was made.
252. (New) Attachment of moveable property:-
When an attachment of property is made by actual seizure, the court shall,
if within one month from the date of the attachment, the property has not
been sold or the attachment has not been removed, of its own motion,
direct the property to be sold by the officer of the court ; and the proceeds
 102
of the sale after payment of the expenses of the sale, and the prescribed
fee shall be brought in to court to the credit of the suit or matter in which
the attachment was made.
253. (New) Cash, Jewels etc.,:-
(1) If the property attached consists of Government or other securities,
jewels or other valuable articles of small bulk, the Nazir shall keep the
same together with a descriptive list in a box (other than the ordinary
cash chest of the court) under lock and seal and send the box for safe
custody to the nearest Government Treasury under the orders of
Judge.
(2) In other cases, attached property brought brought to the court shall be
retained by the Nazir in the court house if it can conveniently be
stored or kept there.
254. (New) Custody of fire-arms etc:-
When the property attached is a fire-arm or explosive substance, it may
be sent at once the officer-in-charge of the nearest Police Station who
shall hold in subject to the further order of the court.
255. (New) Payment of charges:-
(1) The District Judge shall fix, any may, from the time to time, alter the
rates to be charged for the maintenance of very description of
livestock attached by the several courts in its district with reference to
reasons and local conditions.
(2) Every person applying to the court to attach moveable property shall,
in addition to the process fee, deposit such reasonable sum as the court
may direct for the cost of its removal to the court house and of its
custody and if such property is livestock, for its maintenance in
accordance with the prescribed rates. If such deposit when ordered, be
not made, the attachment shall not issue.
(3) The court at may time during the pendency of an attachment direct the
decree holder to pay into court within a specified time, such additional
sum as may be necessary to cover the costs for attachment, transport
maintenance and custody of property and if such payment is not made
within the time prescribed may withdraw the attachment.
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256. (New) Curator:-
(1) In order to provide for the custody of property which cannot be
conveniently stored or kept in the court-house, the District Judge may
appoint for any court or group of courts a Curator who shall furnish
security in any form applicable to a Government servant, for an
amount to be fixed in each case by the District Judge.
(2) Every Curator and Nazir shall maintain the register of attached
moveables in Civil Register Nos. 30 and 31 respectively.
(3) The curator or the Nazir as the case may be shall be responsible for
the due custody and preservation of all property entrusted to him until
he delivers it up under the orders of the Court
257. (New) Remuneration:-
The Curator shall receive such sums for his remuneration and expenses
incurred for the custody and preservation of attached moveables as the
District Judge by general rule or the court by special order, may
prescribe.
258. (185) Application for sale of attached property:-
The decree-holder may apply, at an adjourned bearing of the execution
petition orally, and at any other time, by written application in Form
No.67, for the sale of any attached property.
259. (186) Affidavits and in the case of immoveable property certificate to
be filed by the applications:-
The applicant shall, not less than five days before the adjourned hearing
or together with his written application, file in court an affidavit or
affidavits stating the interest of the judgment debtor in the attached
property, and whether any person oher than the judgment debtor has any,
and what interest, therein; and, in the case immoveable property, then an
amount for the realization of which the seal is held exceeds Rs.100/- or
when the court so orders, that a search has been made in the office of the
Registrar of Assurance of the district, or sub-district, in which the
property is situate, for not less than 12 years prior to the date of
attachment. In the case of immovable property situated with in the limits
 104
of a municipality, a certificate from the municipality showing the
particulars of municipal tax due on the property shall also be filed.
260. (187) Order for sale:-
If the provisions of the Code and these rules have been complied with and
the proclamation of sale is approved by the Judge, the application shall
then be adjourned to a fixed day and the applicant shall, within two days
or such other period as may be fixed by the Judge, bring into court the
prescribed fees proclamation. An order for sale shall then be made. The
battta for the sale warrant shall be paid a week before the date fixed for
sale and the warrant of sale shall then issue. In case of default, the court
may adjourn the application to a fixed day or may dismiss the execution
petition.
261. (188) Date and place for sale:-
The District Judge shall fix particular place and a particular day in the
week or the sale of such moveable properties as may be brought to court.
When there are more courts then one in the same station, the sales for all
such courts shall be held on the same day, and in the same place, in such
sequence as the District Judge may by general or special order,
determine. All sales at court shall begin at noon, and the sale of any lost,
not put up before 5.00 p.m shall be adjourned to, noon on the next court
day.
262. (189) Sale of livestock etc:-
Unless the court otherwise orders, all sales of livestock agricultural
produce, articles of local manufacture and other articles commonly sold
at village markets which have been brought to the court, shall be hold at
such markets which have been brought to the court shall be hold at such
market in the neighborhood of the place where the articles were attached
as may appear to be for the greatest advantage of the judgment debtor,
regard being had to the prospect of good prices and the saving of
expenses of transport.
263. (190) When moveable property is in custody of Nazir or Curator:-
If moveable property is in the custody of Nazir or Curator, and it appears
to the court that an immediate sale in necessary, the court may authorise
 105
him to sell the same by public auction and may give such directions to the
date and place of sale and the manner of publishing the same as the
circumstances of the particular case admit.

264. (191) Sale by public auction:-

If the officer attaching moveable property is, under Order XXI Rule 43 of
the Code, authorized to sell it at once, the sale shall be made by public
auction, and after such publication and notice as the circumstances to the
particular case admit and the officer shall, not more than two days after
the sale, bring into court, his report of the sale, in manner prescribed by
Rule 278.
265. (192) Applicability of general rules about sale of property infra:-
Subject to the forgoing rules the provisions of rules 271 to 285 relating to
sale of property under order of court shall apply to all sale in execution of
a decree.
266. (New) Sale of Arms, ets:-
Whenever guns or other arms in respect of which licences have to be
obtained by purchasers under the Arms Act (Act No. LIV of 1959) are
sold by public auction in execution of decrees the court directing the sale
shall give due notice to the District Magistrate concerned of the names of
and addresses of the purchasers and of the time and place of the intended
delivery to the purchasers of such arms. The court before delivery of such
arms shall satisfy that the purchasers are entitled to purposes arms.
267. (New) Articles of petty value:-
If the total of the Property attached, is in the opinion of the court, less
than Rs. 25/- the court may order the sale of such property after notifying,
on the notice-board of the court, the date and time of sale, and sale
proceeds, after defraying the expenses shall be treated as attached
property.
268. (New) Charges of custody:-
(1) In cases in which expenses are incurred for the care and custody of
attached moveable property such expenditure shall not be allowed for
 106
a period longer than 30 days, provided, however, that it shall in no
case exceed the value of the property, The person-in-charge may,
however. In the case of postponement of sale, apply to the Court at the
end of every period of 30 days for an orer for payment of such
expenditure.
(2) Where post ponement of sale is occasioned by the intervention of a
claim to attached property, the expenses incurred durein the period of
postponement shall be borne by the claimant. If he fails to establish
his claim, and by the attaching creditor, if such claim is allowed.
269. (New) Application by the surety for discharge of sale:-
When attached moveable property is left in the custody of a surety, the
surely may apply for its sale, or for his being discharged from liability .
The Court shall direct notice of such application to issue to the parties at
the surety’s cost and if the parties interested don not take steps to get the
properties sold or released within the time fixed, it may be sold and the
proceeds shall be deposited in the court, after paying the surety the
charges for custody and for issuing the notice.

270. (New) Disallowing custody charges:-

When attached moveable property is left in the custody of a surety, the
surety may apply for its sale, or for his being discharged from liability.
The Court shall direct notice of such application to issue to the parties at
the surety’s cost and if the parties interested do not take steps to get the
properties sold or released within the time fixed, if may be sold and the
proceeds shall be deposited in the court, after paying the surety the
charges for custody and for issuing the notice.
271. (193) Conduct of sale under order of Court:-
Subject to the provisions of Rules 258 to 264 inclusive, with respect to
the sale fo attached property, a sale by public auction of any property,
when directed in any suit or matter shall be conduct in manner prescribed
hereunder.
272. (194) Manner of conducting sale by public auction:-
 107
The order for sale shall direct the party applying for the sale hereinafter
called’the applicant’ to bring into court:-
(1) Affidavits:- An affidavit or affidavits by himself or some other
person acquainted with the property, giving the particulars prescribed
by Order XXI Rule 66 of the Code, and also stating what, in his
opinion, is the best time and place of sale and method advertising the
same and the lots if any in to which the property should be divided.
(2) Affidavits of fitness:- If an officer of the court in not to be appointed,
an affidavit as to the fitness of the proposed auctioneer.
(3) Where the property is immoveable property situated within the limits
of a Municipality, affidavit stating the Municipal tax if any, due on
the property sought to be sold, and the affidavit shall be accompanied
by a certificate from the municipality showing the particulars of tax
due: and
(4) Certificate of search:- In the case of immoveable property when a
search has been made under Rule 273, a certificate of the result of the
search.
273. (195) Search of encumbrances:-
In the case of a sale of immoveable property, the applicant shall when the
amount for the realization of which the sale is held 1 exceeds Rs.100 2 and
in any other case in which the court so orders, causes a search to be made
in the office of the Registrar of Assurances of the district in which the
property is situate. If a previous search has been made in the suit or
matter, the search shall be made from the date on which the previous
search was made, but so that the whole period shall be not less than 12
years, or, if no search has been made then for a period of not less than 12
years prior o the date of the execution application on which the sale is
ordered 1.
274. (196) Matter to be determined by court:-
The court shall determine the lots, if any, in which the property shall be
sold; the manner of advertising the sale; and the probable expenses
thereof; and shall fix the date and place of sale., and, after giving notice
to the Judgment-debtor or other party to the suit or proceeding whose
 108
property is to be sold and hearing his objects, if any, settle the
proclamation of sale, as in Form Nos. 69 &70
275. (197) Appointment of person to sell:-
The court , if it is made to appear that a more advantageous sale can be
had thereby or for other sufficient reason appoint a fit person, other than
an Officer of the Court or an Advocate, to sell the property, and may fix
as his remuneration a sum certain, or a percentage on the net sale
proceeds. Such remuneration shall include all personal and traveling
expenses, but not the expenses of the sale.
276. (198) Proclamation of sale:-
The Proclamation of sale, when settled by the Judge shall be signed by
him, and an order for sale shall then be made; and the further hearing of
the suit or proceeding shall be adjourned to a day not more than thirty one
days from the day fixed by the court for the sale.
Note:- Under Rule 67(2) of Order XXI of the First Schedule to the
Code of Civil Procedure, Civil Courts may direct the publication of the
Proclamation of sale to immoveable property attached in execution
proceedings in the Official Gazette or a local newspaper or in both.
Where the property attached in immoveable property mortgaged to a land
Mortgage Bank the proper course for the court will be to direct the
publication of the sale proclamation in the local District Gazette so as to
enable the collector to appraise the land Mortgage Bank concerned of the
impending sale.
277. (199) Leave to bid:-
(1) An application for leave to bid at the sale shall be supported by an
affidavit setting forth any facts showing that and advantageous sale
cannot otherwise be hea; and an under taking shall be give by or on
behalf of the applicant, that, in the event of his being declared the
purchaser of the property, or of any lot or lots, he will give credit, or
will enter up satisfaction of the decree or order under which the sale
is made, for the purchase money.
Provided that if there are several decree-holders entitled to rateable
distribution, the purchase money shall be paid into court.
 109
(2) Upset price:- In case in which the court may consider that the
applicant should not be allowed to bid for less than a sum to be fixed,
it shall be competent to the court to give leave to bid at the sale, only
on condition that the applicant’s bid shall not be less than the amount
so fixed by the court. Which amount shall, as for as practicable, or of
the lot or lots into which the property or of the property is divided for
sale.
278. (200) Conduct of sale:-
(1) The person appointed to sell the property shall conduct the sale in the
manner prescribed by the Code for the sale of attached property, and
shall, out of the prescribed by the Code for the sale of attached
property, and shall, out of the deposit or sale moneys, so soon as the
same are received by him, purchase court fee stamps to the amount of
2
the poundage if any, payable on the sale and shall bring the same
into court forthwith, together with the balance of the deposit or sale
moneys. If the applicant purchased the property with the leave of the
court, and is allowed to set of purchase money against any sum due to
him he shall pay the amount chargeable for poundage to the person
appointed to sell the property so soon a he is declared to be the
purchaser. The amount deducted or paid on account of poundage shall
form part of the costs and expenses of the sale.
(2) Upon the completion of the sale, the person appointed to sell the
property shall file in court his report of the sale as in Form No.71.
279. (201) Application to set aside sale:-
In the case of any application under Order XXI, Rules 89, 90 or 91 of the
Code to set aside a sale, the application under Order XXI Rule 91, give to
the parties to the suit or proceeding not less than five days’ notice in
writing of the application, setting forth his objections to the sale or the
confirmation thereof, If no such notice or insufficient notice is given, the
court may adjourn the hearing and order the person in default to pay to
the other parties their costs of the adjournment, or may dispose of the
application forthwith. If no application to set aside the sale is made, or if
such application is made and disallowed, the court shall make an order
 110
confirming the sale. An application under Order XXI, Rule 89 of the
Code, may be as in Form No.72
280. (202) Costs:-
At the adjourned hearing the court may make an order directing the
payment to the applicant of the costs and expenses of the sale and to the
person appointed to sell the property of his commission, if any, and
providing for the application of the balance of the sale proceeds. If under
Order XXI, Rule 81 of the code a vesting order is required, the order shall
also direct that the property sold shall vest in the purchaser.

281. (203) Refund of Poundage:-

(1) If the sale is set aside under Order XXI, Rule 89 of the Code, the court
may make an order for payment by the judgment debtor of applicant at
whose instance the sale is set aside, of the poundage, costs and
interest, if any, not covered by the proclamation of sale. 1The amount
deducted as poundage from the deposit made by the purchaser shall be
refunded to him.
(2) If the sale is set aside under Order XXI, Rule 20 of the code, the court
shall determine whether any and what party is responsible therefore
and may order such party to pay the costs and expenses of the sale, the
may make an order any other party entitled to have the property sold
may have the property sold may have the conduct of the sale and may
make an order for the re-sale of the property.
(3) If the sale is set aside under Order XXI, Rule 91 of the Code, the court
may make an order for payment by the execution creditor of the
poundage and other costs of the sale.
282. (204) Sale certificate:-
(1) A certificate of sale of immovable property shall specify as part of the
description of the property, the survey number, if any, and the
registration or sub-district in which the same is situate.
(2) All sale certificates of immovable property shall be engrossed on
stamp papers of proper value and copies thereof be forwarded to the
 111
registering officer or officers under Section 89 of the Registration Act
(Act XVI of 1908) within three days for the issue of the certificate.
(3) The copy sent to the registering officer shall disclose the stamp value
of the documents and the registering officers to whom copies of the
sale certificates are being sent certificates shall be drawn up without
delay and the certificates are being sent within whose jurisdiction any
part of the property is situate.
(4) The sale certificates shall be drawn up without delay and the
certificate ready for delivery shall be notified, on the notice board of
the Court within 24 hours of its signature by the Judge.
(5) Where a court sale is finally set aside the court setting it aside shall
send a copy of the order to the registering officer or officers in whose
office a copy of the sale certificate has been filed.
283. (205) Default by applicant:-
If at any time it is made to appear to the court that the applicant has failed
to comply with any order of the court, or any of the provisions of the
Code or these rules, or is not proceeding with due diligence, the court
may make such order as to the application for sale, or the suit or matter,
and the costs there of, as it thinks fit.
284. (206) Acceptance of Guarantee Societies as Sureties:-
(1) Notwithstanding anything in the foregoing rules, in all cases in which
a court requires a party to a proceeding to execute a bond with one or
more sureties as guarantee society duly approved by the High Court
may be accepted as surety upon its joining in a bond with the person
ordered to give security.
Note:-In case where specific form of surety bonds are not prescribed,
courts are at liberty to adopt form No.8 and 5 in Appendix III-E and F
respectively of Pat II, Vol.II with such variations as will suit the
circumstances of the case. (H.C.Dis 68 of 1927)
(2) The High Court, may from time to time, after such inquiry as deems
sufficient and subject to such conditions as it may deem fit to impose
by a notification in the gazette, declare the names of the guarantee
societies together with the names of their duly authorized agents, if
 112
any, qualified to join in a bond within meaning of the above sub-rule.
The High Court may also for sufficient cause remove from the
approved list the name of any such guarantee society or of any agent
of any such guarantee society.
285. (207) 2 Notice to surety:-
In an inquiry for the determination the liability which has been guarantee
by a surety, the court shall give notice of the enquiry to the surety by
registered post. But the cost of his appearance shall be borne by the surety
himself unless the court otherwise directs.
286. (208) Panel of suitable persons to be maintained for appointment as
Receivers:-
Subject to the approval of the District Judge concerned the Presiding
Officer of each court shall maintain a panel of legal practitioners and
other persons with suitable qualifications from among whom receiver
shall ordinarily be appointed.
287. (211) Security to be furnished by the persons included in the panel of
Receivers:-
Every person included in the panel shall within one month furnish
security for the sum of Rs. 2,000 in favour of the Presiding Officer to
secure his liability in respect of all receiverships to which he may be
appointed. He shall furnish one or other of the following kinds of
securities (a) immovable property; (b) cash; (c) a Government security;
(d) fixed deposit or cash deposit in the Post Office Saving Bank (e) Post
Officer Cash Certificate; (f) National Saving Certificates; (g) Bonds or
Debentures issued by the Local Authorities in India as defined in Section
3(31) of the General Clauses Act, 1897 (Central Act X of 1897) (Local
Authorities includes Port Trust). The security bond shall be in one of the
Form Nos. 75, 76 and 77 of Appendix III – A of Part II of Volume II.
Only on such security being furnished he may be considered for
appointment as a Receiver. Such security shall be irrespective of the
security, if any, that may be required of the Receiver by the Court under
Order XL, Rule 3 (a).
288. (212) Filing of Accounts by Receiver:-
 113
Unless otherwise ordered a receiver shall file his accounts once in every
three months. The first of such accounts commencing from the date of his
appointment and ending with the expiry of three months from such date,
shall be filed within ten days after the expiry of the said period for three
months and subsequent accounts brought down to the end of the three
months period for which they are filed, shall be filed within ten days after
the expiry of the said periods of three months.
289. (213) Manner of filing Accounts:-
The accounts of the Receiver shall be in the form prescribed and shall be
verified by affidavit in the form prescribed. Items shall be numbered
consecutively.
290. (214)Receiver to file an affidavit:-
Where a Receiver has not since the date of his appointment or since the
date of his last account, as the case may be, received or paid any money,
he shall filed an affidavit to that effect on or before the date on which he
has to file accounts.
291. (215) Books to be maintained by Receiver:-
The Receiver shall maintain true regular accounts of the receivership and
shall in particular maintain a cash book in which shall be entered from
day to day all receipts and payments and also a ledger. He shall also
maintain a counterfoil receipt books with the leaves numbered serially in
print from which shall be give as for as possible all receipts for payments
made to the receiver.
292. (216) Receiver to open account in a scheduled Bank:-
Unless the court otherwise orders the receiver shall, as soon as may be
after his appointment, open an account in the name of the receivership in
a scheduled bank as defined in class(e) of Section 2 of the Reserve Bank
of India Act, 1934, as the court may direct and shall deposit into it all
monies received in the course of the receivership immediately on receipt
thereof save any sums that may be required for current expenses. All
payments by the receiver shall, as possible, be made by cheques drawn on
the account.
293. (217) Procedure to adopt in case of failure of duties by the Receiver:-
 114
If a receiver fails to maintain true and regular accounts or fails to file his
account into court on the due date without proper cause, or unduly delays
the passing of his account by failing to appear before the passing officer
or improperly retains any cash in his hands, the court may disallow the
whole or any portion of remuneration due to him for the period of the
account with reference to which default is committed and may also
charge interest at a rate up to 12 percent per annum on the monies
improperly retained by him for the period of such retention without
prejudice to any other proceedings which might be taken against the
receivers.
 115
CHAPTER-XVII
Caveat

294. (New) Presentation of and Particulars to be stated in Caveat:-

(1) Every caveat shall be lodged with the Presiding Officer of the Corded
along with an affidavit by the Caveat or either personally or by his
advocate. The caveat shall state the name, place of adode, description,
occupation and the address for the service on the caveator and where
he is represented by an advocate the name and full address of the
advocate. Such address for service must be within the local limitsof
the jurisdiction of the court and shall hold good in all subsequent
stages of the proceedings.
(2) In addition to the particulars mentioned din Sub-rule (1) , the caveat
shall state the following particulars:-
(I) name, description, place of residence and full address of the
person by whom an application has been or is expected to be
made;
(II) full particulars of the claim or the subject matter in respect of
which an application is expected to be made in a suit or
proceeding, and the nature of relief likely to be sought. If an
application has been made, particulars of the application and
the suit or proceedings.
(III) Where the subject matter is immovable property, description
of the property, description of the property sufficient to
identify it.
295. (New) Examination and Registration of Caveat and its
requirements:-
(1) Every caveat shall be entered in the register of caveats maintained for
the purpose and examined by the Chief Ministerial Officer of the
court. If he finds that the caveat complies with all the requirements he
shall make an endorsement on the Caveat ‘ Examined and may be
registered’ if he thinks that the Caveat does not comply with the
 116
requirements, he shall place the matter before the presiding officer for
orders.
(2) Caveat returned for non-compliance with these rules or provisions of
Sec.148-A of the Code shall be represented after rectification the time
specified.
(3) The affidavit shall state the right and the interest of the Caveator and
the grounds of the objections to the application.
(4) The caveat shall also be accompanied by a notice in duplicate duly
filled in by the party or his counsel(***)1.
(5) A court fee of 2(Rs. 10) shall be charged on every caveat.
296. (New) Notice to issue by Caveator:-
Where a caveat has been lodged the caveator shall serve without delay,
notice of the caveat by registered post, acknowledgment due on the
person by whom the application has been or in expected to be made and
file in court proof therefore.
297. (New) Copy of plaint, application or proceeding to be served on
Caveator before filing:-
Any person or advocate instituting a suit or proceeding in respect of
which a caveat has been entered in the Register of Caveats shall before
filing the application, suit or proceeding serve a copy thereof upon the
party by whom the caveat has been entered or upon his advocate and
annexed to the plaint or proceeding a statement of such service.
298. (New) Withdrawal of Caveat:-
A caveat may be withdrawn by the party who has entered the caveat or by
his advocate on an interlocutory application supported by an affidavit.
 117
CHAPTER – XIX
Legal Aid to Indigent Persons
299. (New) Panel of Advocates willing to appear to be maintained:-
(1) There shall be maintained in each court a panel of advocates willing to
appear for the undefendant indigent person or persons in a suit or
proceeding at the expenses of the State or free of charge. Such panel
shall be prepared by the District Judge after consultation with the
Presiding Officer of the court, the President of the Bar Association and
such other persons as the District Judge may consider necessary.
(2) The panel may be revised by the District Judge at the end of each
calendar year.
300. (New) Contents of Panel:-
(1) The panel to be prepared and maintained under sub-rule(1) of the Rule
299 shall be in two parts. The first part of the panel shall contain the
names of suitable advocates who offer themselves to appear for the
undefended indigent persons without charging any fee and party two
there of shall have the names of such advocates as are willing to
appear for such persons at State expense and are selected for the
purpose.
(2) An advocate with a standing of not less than three years at the Bar
shall be eligible for being brought on the panel. The District Judge
shall, so far as may be, persuade competent senior lawyers to enlist
themselves for representing indigent persons without charging any fee.
(3) The District Judge shall in the month of January in each year,
communicate the names of the advocates on the panel maintained for
each court in his district to the High court in the following form;-
(a) Name of the advocate,
(b) Date of birth
(c) General reputation and standing at the Bar.
(4) The Registrar, High Court of Andhra Pradesh, shall cause the panels
for each district to be entered separately in a Register.
(5) The District Judge or the High court may strike off the names of any
advocate from the panel without assigning any reasons.
 118
301. (New) Assignment of Advocate by Court:-
(1) Where a person, who is permitted y a Court to use as an indigent
persons under sub-rule(3) of Rule 7 of Order XXXIII of the Code, is
not represented by an Advocate, the Presiding Officer of the court
shall, if the circumstances of the case so require, assign an Advocate
to him from the list.
(2) In any case where it is decided to assign a pleader under sub-rule (1),
the court shall endeavour in the first instance to select a suitable
advocate from that part of the list which compromises to names of the
advocates, if any, willing to appear for undefended indigent persons
without charging any fee.
302. (New) Time to be allowed to the Advocate assigned for preparation;-
(1) Where an advocate is assigned to represent an indigent person at state
expense or otherwise, the court shall allow a period of at least seven
days to the advocate to prepare the brief and shall adjourn the hearing
of the case for that purpose.
(2) The court shall allow, free of cost, inspection of the record of the case
by the advocate so assigned.
303. (New) Fee payable to Advocate assigned:-
(1) The fee payable to an advocate assigned to represent an indigent
person at State expense, shall not be less than Rs. 50 and not more
than Rs.300 for the entire case at the discretion of the Presiding
Officer of the court.
(2) In suitable case, the District Judge may, with the approval of the High
Court, sanction fee not exceeding Rs.500.
(3) If an advocate assigned to represent an indigent person is required to
retire at any time after the engagement of an advocate by the indigent
person at his own expense he shall be entitled to get as compensation
an amount not less than Rs.50
304. (New) Order to contain Advocate’s fee and Costs:-
Where the indigent plaintiff represented by an advocate assigned by the
court succeeds, the order made under Rule 10 of Order XXXIII CPC
 119
shall also contain the advocate’s fee and other expenses calculated in
accordance with the Advocates Fee Rules and Rule 55 of these Rules.
305. (New) Advocate engaged to prepare diary:-
An advocate engaged, to represent an indigent person in any cour
subordinate to the High court at State expense shall, at the conclusion of
each day of hearing in the case, prepare and submit for counter-signature
by the Presiding Officer of the court a diary containing the following
details fully set out:-

Date Case Name of Duration Work Signature Remarks

number the party of done of the
and names represented hearing presiding
of the Officer
parties

306. (New) District Judge to be the controlling officer for payment and
audit of fees of Advocates engaged:-
(1) The District Judge shall be controlling officer for the payment and
audit of all fees due to advocates engaged to represent indigent
persons in courts subordinate to the High Court.
(2) The advocates shall submit their bills to the District Judge within one
month of the disposal of the case by the court.
 120
FORM NO.17 IN APPENDIX III-L
PART II. VOLUME II
(Rule 20(3) of Civil Rules of Practice Part I, Volume 1)
RECEIPT

Original Duplicate
(1) (2)
Receipt showing Court-fee paid Receipt showing Court-fee paid
In the Court of the ……………of In the Court of the ---------- of
1
Stamp Register No. Stamp Register No.
Brief description, Brief description.
Particulars Particulars

Amount Amount
Rs. Rs.
Ps. Ps.

Court-fee stamps on plaint or Court-fee stamps on plaint or

memo. memo.
Court-fee Stamps on petition Court-fee Stamps on petition
Court-fee Stamps on enclosures Court-fee Stamps on enclosures
and exhibits and exhibits
Court-fee stamps on vakalat. Court-fee stamps on vakalat.
Court-fee stamps on enclosures Court-fee stamps on enclosures
and exhibits and exhibits
Court-fee stamps on vakalat, Court-fee stamps on vakalat,
Court-fee stamps on batta, Court-fee stamps on batta,
Court-fee stamps on other papers. Court-fee stamps on other
TOTAL Rs.------ papers.
------- TOTAL Rs.-----
-------
 121
Signature of Receiving Clerk. Signature of Receiving Clerk.

N.B:-This form duly filled should be presented by the party with the papers
filed into court and the Receiving Clerk should issue the receipt after entering
the S.R.No. (Note:- This form was interested by P.Dis.No. 195/1948.)

APPENDIX-A
Rule – Regulating Applications for and payment of the services of the
Government Examiner of Questioned Documents
1. Application should be sent direct to the Government Examiner of
Questioned Documents, Intelligence Bureau, Ministry of Home Affairs,
“Dorners”. Simla – 1
2. (i) Application received direct from private individuals will not be
entertained.
(ii) Application received from Police Officers below the rank of
Superintendent of Police will not be entertained.
3. Acceptable applications fall into two classes:-
A. Official applications form:-
(i) State Governments (including Part C States), and officers
Subordinate to them;
(ii) Presiding officers of Criminal Courts (including Sessions
Courts) High Courts Martial, etc.,
(iii) Ministries of Government of India and their attached and sub-
ordinate officer;
(iv) Railway administration under the Ministry of Railway (Railway
Board)
B. Other applications – These include:-
(i) Cases from private parties in civil suits in Indian Union Courts,
These will be accepted only on the requisition of the court in
which the case is being heard. The party concerned must move
the court and it will rest with the court to take the further steps
necessary to obtain the services of the Government Examiner of
Questioned Documents.
 122
Examination:- Reference made by a Court suomotu in civil cases in which the
state is not a party will be deemed to be cases from private parties
for the purposes of these rules,
(ii) Cases from municipal corporations, district boards ,
municipalities and other local bodies and from universities
Railway Admintration (not under the Ministry of Railways of
the Government of India) from autonomous corporation and
quasi- Government Bodies, eg.D.V.C.D.T.S., etc., with Indian
Union.
Applications from recognized universities will be received direct. Applications
from Railway Administrations (not under the Ministry of Railways Government
of India) should be submitted through the Agent of the Railway concerned.
Applications from Municipal corporations will be received direct but from other
local bodies will be accepted only if received through the local district
magistrate who should satisfy himself before forwarding the application, that it
is desirable that the Government Examiner of Questioned Documents should be
consulted.
(iii) Complaint cases, revenue cases, Tenancy Act cases, and other
miscellaneous Act cases from Indian Union Courts.
These cases will be accepted only if forwarded by Presiding Officers of Courts.
4. Applications falling under classes A and B will ordinarily be accepted but
may be refused at the discretion or the Government Examiner of Questioned
Documents if they cannot be under taken without detriment of his other work.
5. An inclusive fee will be charged in each case in which an opinion is given
and will normally cover the opinion, the cost of photographs and the giving of
evidence, limited in class B cases to one day.. The Inclusive fee for class A
cases (See Rule 3) will be Rs.220/- and for class B cases Rs.250/- (This fee does
not cover traveling allowance which is governed y Rule 15 below) where one
class A is split up in court into several cases. B cas is split up in court into
several cases, the fee will be Rs.200/- for each split up case.
6. Subject to the exception stated at the end of this rule, the fee is payable in
advance in all cases and each application should be accompanied by a certificate
in the following form:
 123
“Certified that sum of rupees Two hundred and twenty (220) / Two hundred and
fifty (250) has been deposited in the …………………………….Treasury on
………………………..on account of the Government examiner of Questioned
Documents fee in case/suit No…………………. And that this amount has been
shown under Head XXXIII Police-Central-Fees, fines and forfeitures, “ in the
cash Account of Central subjects for the month…………………of
…………………. And appears at item No…………………………in the
relevant Receipt Schedule.
Signature of treasury Officer
Countersigned.
Signature of officer
submitting the case.
In special circumstances, which should be stated in application Class A cases
will be accepted without this certificate, but the certificate should be forwarded
as soon as possible.
7. In case where the cost photographs is exceptionally, heavy the fee will be
Rs.180/- plus actual cost of the photographs in Class A cases and in Class-B
cases, Rs.200/- plus the actual cost of the photographs.
In class B cases the authority submitting the case will be informed of the extra
cost involved before it is incurred and will be required to certify that it has been
deposited before the Government Examiner of Questioned Documents proceeds
with the case.
8. (a) No fees are chargeable by the Government Examiner of Questioned
Documents for the cases investigated by the Special Police Establishment and
also for cases arising in –
(i) the main Ministries of the Central Government,
(ii) the attached officers, and
(iii) part C states who have no consolidated funds of their
own within the meaning of Section 39 of the
Government of part C.States Act, 1951 (No. XLIX
of 1951)
(b) Fees are however chargeable in all other cases.
 124
9. (i) cases in which no opinion is given but photographs are taken, only the
actual cost of the photographs will be charged, subject to a minimum of Rs.35/-
(ii) in cases in which examination has been completed but no
opinion could be expressed, a consolidated fee of Rs.103/- will
be charged.
10. No reduction in the fee will allowed if evidence is not required is taken
on Commission.
11. (i) In class B cases an additional fee of Rs.200/- will be charged for each
day after the first day on which evidence is given, whether in court or on
commission, or on which the officer is detained. The presiding officer or the
commissioner will be requested to certify before the second and each
subsequent day’s work is begun, that the fee for that day and also for any
intervening day or days of detention has been deposited, and subsequently to
furnish certificate in Rule 6 above.
(ii) A fee of Rs.250/- will be charged in a civil suit even for the first day’s
evidence if evidence is taken up on the opinion expressed on the same
documents when they formed part of a criminal case.
12. In case falling under class B, the Government Examiner or his Assistant
will be prepared to attend courts provided that he can do so without detriment to
his other work. When evidence is taken on commission, the commission should
be issued to the Senior Sub-Judge, Simla and normally should be so worked that
either the Government Examiner or his Assistant can give evidence.
13. Presiding Officer of courts are requested to detain the government
examiner of Questioned Documents or his Assistant for the least possible time
compatible with the requirement o the case. They are also requested to accept,
so far as possible the time and dates for attendance offered by these officers,
because the latter frequently have to attend several courts in the courts of one
time.
14. The Government of India is the Ministry of Home Affairs reserve the
right to impose an extra charge in any case in which they consider on that the
usual fee is incommensurate with the time and labour spent on the case.
15. When the Government Examiner of Questioned Document or his
Assistant is required to travel in order to give evidence or for any other purpose
 125
the authority or party employing his services will be required to pay traveling
allowance at the rates laid down in the supplementary rules of the government
of India for journeys on tour. Traveling allowances will also be payable for
Class IV servant accompanying the officer at the rates fixed for Government of
India, Class IV servants. These payments will be adjusted in the Home
Department (now Ministry of Home Affairs) letter No.F 128/VII/27-Police,
dated 12th January, 1982 (Sec appendix)
In class B cases the presiding officer of the court concerned will be required to
certify that the court of traveling allowance has been deposited before the
Government Examiner of Questioned Documents or his Assistant undertakes
the Journey.

APPENDIX
Procedure For The Payment and audit of traveling Allowances Drawn By
The Government Examiner of Questioned Documents or His Assistant
During Tours (Vice Home Department Letter No.F 128/VII/27-Pol-dated
the 12th January, 1928);
(1) The examiner or his Assistant should submit his traveling allowance bills to
the Accountants General, Central Revenues, for audit and payment.
(2) As soon as a journey is completed that is in respect of any complete journey
from head-quarters to head-quarters, the Examiner or his Assistant should sent
statement to the Accountant- General Central Revenues, showing the total
amounts of traveling allowance claimed or drawn and the distribution of the
entire amount among the various courts for recovery
(3) In cases where several courts are attended, the cost should be distributed
between them in proportion to the distance by rail from headquarters.
(4) As the traveling allowance is debitable to the various local Governments or
the parties concerned, the recoveries should be treated as follows;
(i) Recoveries from the various local Governments shall be taken in reduction of
expenditure provided they are effected within the accounts of the same year if
not, they should be shown as receipts; and
 126
(ii) Recoveries from parties such as local boards, local bodies, and private
persons should be taken as receipts under the Head XXII –Police-Central –Final
and Forfeitures,
(1) The Principles laid down above apply to the payment and audit of the
traveling allowance of the peon accompanying the Examiner or the
Assistant.
(2) If after the examiner or his Assistant has actually commenced tour,
intimation is received from a court included in the tour to the effect that
his evidence would not be required on the date originally fixed, the court
shall pay the difference between the total expenditure actually incurred on
the tour and the expenditure that would have been incurred if attendance
in the court had not been included in the tour. This shall be specifically
made clear when the bill is sent to the court for acceptance.
(3) The Examiner and his Assistant shall observe the provisions of (Copy of
letter No.41/3/53-Police II. Dated 6th July, 1953, from the Deputy
secretary to the Government of India)
(HCP DIS.NO. 409/55)
--------------------

Read:- G.O.Ms.No. 2445, Home Department, dated 31st July, 1953

issued by the
Government of Madras.

The attention of all Courts is drawn to the instructions issued by the

Government of India contained in the G.O. cited for the guidance of courts
seeking the services of the Government Examiner of Questioned Documents,
Simla.

The work of the Government Examiner of Questioned Documents, Simal, is

mainly technical in character. He gives his opinion on the disputed documents
referred to him after a meticulous and scientific examination. He also givers
evidence in support of that opinion when required by the courts.
 127
Naturally, the Government Examiner has to work under extreme pressure to
keep abreast of his technical work at the Head-quarters and at the same time
keep to the schedule of attendances at the courts.
The Government of India feel that the pressure on the time of the
Government Examiner should be relieved.

The attention of all courts is drawn to paragraphs 12 and 13 of the

instructions contained in the G.O. cited and it is necessary that those
instructions should be strictly followed. All Courts should seek the attendance
of the Government Examiner of Questioned Documents only when the
requirements of any particular case demand it. Ordinarily they should be able to
obtain his evidence on commission, which in civil cases should be issued to the
Senior Sub-Judge, Simal and in Criminal Cases, under the provisions of Section
503 Cr.P.C. (old) (Section 284(1) of New Cr.P.C) (High Court Circular dated
19th February, 1954 in P.Dis.No. 110/54)
 128
HIGH COURT OF ANDHRA PRASESH, HYDERABAD
CIRCULAR

Sub: Applications for requisitioning the services of the Examiner of

Questioned Documents at Simla Appointment of a state Examiner
of Questioned Documents, Andhra Pradesh, at Hyderabad –
Services – Requisition of – Instructions – issued.

It has been brought to the notice of the High court that in requisitioning the
services of the Government Examiner of Questioned Documents at Simal, some
of the subordinate courts do not appreciate his difficulties or the difficulties of
his Assistants, who besides actual examination of cases, have to attend courts all
over India. The Government have since appointed a State Examiner of
Questioned Documents for Andhra Pradesh at Hyderabad under the
Administrative Control of the Inspector General of Police. The Government also
propose to issue separate rules for regulating applications for and payment of
fees to the State Examiner. The Presiding Officers of all subordinate courts are
informed that in future, they should requisition the services of the State
Examiner Office of the Inspector General of police). Hyderabad in all
references relating to disputed documents.
(Copy) of Roc.No. 7152/57-B-1, dated 24th February, 1958 in P.Dis. 418/58)

APPENDIX-B
Rules Regulating Applications for the Payment of Services of the Director,
Scientific Section, C.I.,D., Branch, Andhra Pradesh.
1. Applications should be sent direct to the Director, Scientific Section C.I.D.,
Branch, Saifabad Lines (A.C.Guards) Government of Andhra Pradesh, Hyd-4
(Deccan )
2. (i) Application received from private individual will not be entertained.
 129
(ii) Applications received from Police Officer below the rank of
Superintendent of Police will not be entertained.
3. Acceptable applications fall into four classes namely:-
(a) applications from an officer not below the rank of
Superintendent of Police in respect of Police Department,
Presiding Officers of Criminal Courts and from the High Court,
Andhra Pradesh.
(b) Applications from the Head of departments in respect of other
departments of the Government of Andhra Pradesh;
(c) Cases from Municipal Corporations, district boards,
Municipalities and other local bodies and from Universities in
Andhra Pradesh;
(d) Cases from private parties in civil suits in Andhra Pradesh
Courts. These will be accepted only in application from the
court in which the cases are being heard. The party concerned
must move the court and it will rest with the court, to take
further steps necessary to obtain the services of the Director,
Scientific Section, and C.I.C. Branch.
Explanation:- Reference made by a court suo motu in civil cases in which the
state is not a party will be deemed to the cases from private parties for the
purposes of these rules.
Note:- The Director, Scientific Section, C.I.D Branch, will give preference to
applications received from the presiding officers of Civil and Criminal Courts
over others Applications from recognized Universities will be received direct,
Applications from municipal corporations will also be received direct, but those
from other local bodies will be accepted only is received through the competent
District Magistrate or the Additional District Magistrate as the case maybe, who
should satisfy himself before forwarding the applications, that it is desirable that
the Director, Scientific Section, and C.I.D. Branch, should be consulted.
4. Applications falling under the above clauses of (b) (c) and (d) will
ordinarily be accepted but may be refused at the discretion of the Director,
Scientific Section C.I.D. Branch. If they cannot be undertaken without
detriment to his other work.
 130
5. No fees are chargeable for cases coming under class (a). An inclusive fee
of Rs.220/- will be charged for each case under class(b) in which an opinion is
given and will normally cover the opinion is given and will normally cover the
opinion, the cost of photographs and the giving of evidence limited to one day.
This fee does not cover traveling allowance with regard to class( c ) and class (
d) cases which is governed by Rule 13 below.
6. Subject to the exception stated at the end of this rule, the fee is payable in
advance in all cases and each application should be accompanied by a treasury
challan showing the payment of the amount under the head of account “XXIII-
Police ’b’ Miscellaneous (iv) Fees for the Director, Scientific Section, C.I.D.,
Branch, Andhra Pradesh”.
In special circumstances, which should be stated in the application, . Class ’b’
cases will be accepted even without this challan, but the challan should be
forwarded as soon as possible.
7. In cases where the cost of photographs is exceptionally heavy the fee will
be Rs.180/- plus actual cost of the photographs is class (b) cases, Rs.200/- plus
the actual cost of photographs in class (c) cases and Rs.225/- plus the actual cost
of photographs in class (d) cases.
In class © and in Class(d) cases, the authority submitting the cases will be
informed of the extra cost involved, before it is incurred and will be required to
certify that it has been deposited before the Director or his Assistant Scientific
Section C.I.D Branch, proceeds with the case.
8. (i) In cases in which no opinion is given but photographs are taken, only
the actual cost of the photographs will be charged, subject to a minimum of
Rs.35/-
(ii) In cases in which examination has been completed but no opinion
could be expressed, a consolidated fee of Rs.100/- will be charged
No reduction in the fee will be allowed if evidence is not required or is taken on
commission.
“ The Deputy Inspector –General of Police, Railways and C.I.D., shall be the
authority who is competent to sanction refunds”.
9. (i) In class © cases an additional fee Rs.100/- and in class (D) cases an
additional fee of Rs.200/- will be charged for each day after the first of day on
 131
which evidence is given whether in the court or on commission, or on which the
officer is detained. The presiding officer or the commissioner will be requested
to certify before the second and each subsequent days work is begun that the fee
for that day and also for any intervening day or days of detention has been
deposited. And subsequently to furnish a certificate referred to in Rule 6 above.
(ii)A fee of Rs.250/- will be charged in a civil suit even for the first day’s
evidence if evidence is taken upon an opinion expressed on the same
documents when they formed part of a Criminal case.
10. In cases under class © and in class (d) and Director or his Assistant,
Scientific Section C.I.D., Branch will be prepared to attend courts provided that
he can do so without detriment to his other work. When evidence is taken on
commission, the commission should be issued to a Chief City Magistrate,
Hyderabad.
11. Presiding Officers of Courts are requested to detain the Director or his
Assistant Scientific Section C.I.D. Branch for the least possible time
comparable with the requirements of the case. They are also requested to accept,
so as for as possible, the time and dates for attendance offered by this officer, as
the latter has frequently to attend several courts in the courts of one tour.
12. The Government of Andhra Pradesh in the Home Department reserves
the right to impose an extra change in any case in which they consider that the
usual fee is not commensurate with the time labour spent on the case.
13. When the Director or his Assistant, Scientific Section, C.I.D, Branch is
required to travel in order to give evidence for any other purpose the authority
or party employing his services is required to pay traveling allowance at the
rates laid down by the Government of Andhra Pradesh for journeys on tour.
Traveling allowance will also be payable for the peon accompanying the officer
at the rates fixed for Government of Andhra Pradesh peons.
In class © and in class (d), cases, the presiding officer of the court concerned
will be required to certify that the cost of traveling allowance has been
deposited before the Director or his Assistant, Scientific Section, C.I.D.,
Branch, undertakes the journeys.
G.O.Ms.No. 2033, dated the 30th August, 1958 and G.O.Ms.No. 1248-
Home(Personnel-B) Department, dated the 30th May, 1959 in P.Dis 483/58)
 132

----------------------------------

FORMS UNDER CIVIL RULES OF PRACTICE

No new forms were issued along with New Civil Rules of Practice issued in
R.O.C.No.22/50/60, DT. 5.9.1983 and published din A.P.Gazette RS. To part II
No. 17 Dt. October 27, 1983, except Forms No. 17,75,76 and 77 . These four
Forms are newly substituted by the Hon’ble High court and they have been
published as Appendix along with old forms under Civil Rules of Practice.
Recently Forms .No. 58, was substituted by R.O.C.No. 1852/SO/82,
DT.9.6.1987.
For the convenience of reference we have given a Comparative Table
showing the forms Nos under the Old and New Rules.

COMPARATIVE TABLE
Showing the Form Nos. under the Old and New Rules.
Form No. Under Old Rule Under New Rule
1. 7(1) 9
2. 7(2) 9
3 omitted by Dt.7-10-1936
G.O.Ms.No.2603
4. Home.
5. 9
6. 7(4) 16.17.102
7. 7&47(1) 14&45
8. 9,10,62 14&45
9. 11&87 15
10. 12(2) 12
11. 13(1) 12
12. 13(2) 30
 133
13. 19 59
14. 29 39
15. 40 41
16. 41 -
17. -
Newly substituted and
printed along with new
Civil Rules and practice
18. and as Appendix 63&64
19. 48(1) 70
20. 49(A) 93
21. 50 107
22. 60 128
23. 75 129
23-A 76 129
24. 76 143
25. 84 146
26. 85 148
27. 88 150
28. 91 150
29. 91 151
30. 92 151
31. 92 156
32. 97 159
33. 99 161
34. 101 137
35. 107 138,179
36. 108&188 138
37. 108 139
38. 109 175
39. 114 176
40. 115 160&180
41. 100&119 180
 134
42. 119 184
43. 129 184
44. 123 184&185
45. 123&124 184
46. 123 184 &185
47. 123&124 184
48. 123 187
49. 126 187
50. 126 187
51. 126 188
52. 128 206
53. 138(1) 209
54. 141(2) 220
55. 152 221
56. 153 221
57. 153 225
58. 157 225
59. 157
60. 233
61. 233
62. 239
63. 242
64. 243
65. 243
66. 178
67. 246
68. 258
69. 259
70. 275
71. 274
72. 278
73. 278
74. 288
 135
75. 289,290
Newly substituted and
printed along with old
76. form of Civil Rules of
77. Practice as.

FORM No.1
Rule 7(7) –Cause title in a suit or Original Petition
IN THE COURT OF THE DISTRICT MUNSIF OF
Original Suit No.1 of 19
Or Original petition No. 1 to 19

Between
1. T.Ramaswamy Chetty and Plaintiffs (or Petitioners)
2. Sivaswamy Chetty

AND
1. M.Munuswamy Pillai and Defendants (or
Respondents)
2. M.Ramaswamy Pillai
 136

FORM No.2
Rule 7(2) – Cause title of an appeal
IN THE COURT OF THE DISTRICT JUDGE OF
Appeal No.of
Between:
1. A, B and…………………………………… Appellants
2. A.C.D………………………………………
1. E.F. and……………………………………. Respondents
2. G.H…………………………………….

ON APPEAL FROM THE COURT OF THE DISTRICT MUNSIF OF

(Original Suit No. of)
(Or Original Petition No. of)
(Interlocutory Application No. of Execution - Petition No.)
Between:
1. A.B. and…………………………………….
Plaintiffs
2. C.D…………………………………………
AND
1. E.F…………………………………………..
Defendants.
 137
FORMS 3 AND 4
Omitted by G.O. No. 2603; Home; dated 7-10-1936
FORM No. 5
Rule 7(4) – Formal Parts of Plaint or Original Petition.
(Cause-title)
Plaint

(Or Petition under the Guardian and Wards Act, 1890

The above named plaintiffs (or petitioner) state as follows:-
1. Tanjore Ramaswamy Chetty, the 1st plaintiff (or petitioner), is a
dealer in grain and resides at-
Tanjore Sivaswamy Chetty, the 2nd plaintiff (or petitioner), is a
landowner, and resides at:-
The address of the plaintiffs (or Petitioners) for service of all
notices and process is.
2. Madura Munuswamy Pillai, the 1st defendant (or respondent), is
a land-owner and resides at-
Madura Ramaswamy Pillai, the 2nd defendant (or respondent) is an infant of
about…………………………………years and residing with Tanjore Maniam
Pillai, a landowner at and is issued as the representative of Madura
Venkatachala Pillai, landowner deceased-
3. Set out the facts showing the cause of action in consecutive
numbered paragraphs .
4. The plaintiffs (or petitioners) estimate the value of the relief
sought by them at the sum of Rs.
5. The plaintiffs are petitioners) pray that-
(a) set out reliefs claimed in successive paragraphs.
Note:-We declare that what is stated in paragraphs (……………) is true to our
knowledge and that what is stated in paragraphs is (……………..) stated on
information and belief and we believe the same to be true.
 138
(Signed)
T.Ramaswamy Chetty,
( ,, )
T.Sivaswamy Chetty.

FORM No. 7
Rule 9,10 and 62 List of documents under Or. VII R.14 or \
Or, XIII, R.I of the Code of Civil Procedure
(Cause – title)
List of documents filed under Order VII, Rule 14 or Order XIII, Rule 1 of Code
of
Civil Procedure

SI.No. Date it any of Parties to Description

documents in the of
Vernacular and in Document documents
English

(Signed) E.F

Plaintiff or (Defendant) or Pleader for Plaintiff (or Defendant)

 139
FORM No.8
Rule 11 and 87 of Part 1 C.R.P. & C.O.
Particulars of Value of Immovable Property-Cause Title
Valuation of immovable property under Section 10 of the Andhra Pradesh Court
Fees and Suits Valuation Act, 1956-
1. Serial number of Item of immovable property.
2. Registration district and sub-district.
3. Taluk and Village where and property is situate.
4. Survey number and sub-division number
5. Extent
6. Class of land, wet or dry
7. Rental value of the land.
8. Present market value
9. Value for purpose of court fee and jurisdiction with the provision of law
under which
it is value
10. Remarks.
(Signed) C.D
(Signed) A.B.
Pleader for plaintiff.
Plaintiff.
Substituted by Roc. 21.10.60 B.1 Published in R.S. to Part II A.P. Gazette pages
326 dated 5th October 1961.

FORM No.9
Rule 12(2) –Notice of grant of leave to be endorsed on summons to
The defendant
And also take notice that leave to institute the said suit in this court has been
granted by an order, dated the …………………day of and that your are at
liberty to apply to this court to stay the said proceedings.

FORM No. 10
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Rule 13(1) – Application to sue or defend on behalf of numerous parties
(Cause-title)
Application of the above named plaintiffs, under Order 1 Rule 1 of the Code.
The above named plaintiffs hereby apply that they may be permitted to sue on
behalf of themselves and ll the orders creditors of X,Y late of (residence and
description) deceased (or and all the other worshippers at the temple, situate (
) or, (to sue the defendants as representing all persons interested in the Tarwad
or …………..), for the reasons set out in the affidavit or A.B. filed herewith.
Dated the …………………………… day of
……………………………………….

(Signed) R.S
Pleader of
the Plasintiffs.

FORM No. 11
Rule 13(2) – Notice of permission to sue on behalf of numerous parties
And also take notice that by an order, dated………………………………1 day
of permission was granted to the plaintiff to sue on behalf of himself and all the
other creditors X,Y late of etc, deceased (or to sue you, the above named
defendants as representing all persons interested in the Tarward of
……………………………….).
 141
FORM No.12
Rule 19 – Vakalat
(Cause-title)
I do here by appoint and retain-to appear for me in the above
Original………………………
Miscellaneous Petition and to conduct and prosecute (or defined) the same and
all proceedings that may be taken in respect of any application for execution of
any decree or order passed therein. I empower any vakil to appear in all
miscellaneous proceedings in the above suit or matter till and decrees or orders
are fully satisfied or adjusted and to obtain the return of documents and draw
any moneys that might be payable to me in the suit or matter and I do further
empower my vakil to accept on my behalf, service of notice of all any appeal or
petitions filed in any court of Appeal, Reference or Revision with regard to the
said suit or mater before the disposal of the same in this Honorable Court.
“Accepted” The address for service of the said (pleader)

FORM No.18
Rule 48(1) – Notice of application to transfer suit
(Cause-title as in Form No.17)
To,
Take notice that on the …………………………day of ………………..an
application was presented to this court by the above named A.B and C.D for the
transfer of the above mentioned suit to the Court of the District Munsif of
……………………and, that this court has appointed the day of
……………………..for the hearing there of. When you are at liberty to appear
and oppose the same; and also take notice that the said application is supported
by the affidavit of J.K. of etc., and L.M of etc., and that you are at liberty to file
an affidavit in reply there to and you are not required to file any petition for this
purpose. Dated………………….day of ……………………….

(Signed)…………………………………
Judge.
 142

FORM No.19
Rule 49 A- Common form of summons for (1) settlement of issues (2)
Ascertaining whether a suit is contested or not and if not contested, for
immediate disposal. (3) final disposal
(Order V, Rule 1 and 5 of the Code)
(Cause-title)

To
(Name, description and place of residence)
Where as ………………………has instituted a suit against you for
………………………
……………………you are hereby summoned to appear in his court in person
or by a pleader duly instructed and able to answer all material questions relating
to the suit (or who shall be accompanied by some person able to answer all such
questions) on the ………………………day of
………………..19…………….at …………………….O’ clock in the noon.
(1) to answer the claim and your are directed to produce on that day all
the documents upon which you intend to rely in support of your
defence;
(2) to state whether you contest or do not contest the claim and if you
contest to receive directions of court as the date on which you have
to file the written statement, the date of trial and other matters; take
notice that in the event of the claim not being contested the suit
shall be decided at notice;
(3) to answer the claim and as the day fixed for your appearance is
appointed for the final disposal of the suit you must be prepared to
produce on that day all the witnesses upon whose evidence and all
the documents upon which you intend to rely in support of your
defence.
(x x x x x ) penalty clause omitted.
 143
Take notice that in default of your appearance on the day (And hour), before
mentioned, the suit will be heard and the seal of the court, this
……………………….day…………………
of ……………………………

Note:-
(1) Should you apprehend your witnesses will not attend of their own accord,
you can have a summons from this court to compel the attendance of any
witness and the production of any document that you have a right to call on
the witness to produce, on applying to the court and on depositing the
necessary expenses.
(2) If you admit the claim, you should pay the money into court together with
the court, of the suits, to avoid execution of the decree which may be
against your person or property or both.

FORM No. 20
Rule 50 – List or witnesses for issue of subpoena
(Cause-title)
List of persons to be summoned as witnesses for the plaintiff

(or defendant) (Statement)

Sl.No. Full Residnece Occupation Purpose Allowance Service

Name or other for which Service fees
description summoned fees
1. Madhura Door No. Cooly. To give Rs.A.P. Rs. A.P.,
Manian 2 Civil evidence
Pillai street,
Peddu
Naick’s
Pettan,
Madras
 144
2. Tanjore Door No. Land To
Kuppu 11 Mount owner produce a
swamy road, deed,
Nayudu Roya dated day
peta, of being
Madras assingn-
ment of by
A,B, to C

Total

A detailed memorandum of the amount to be deposited in court is presented

herewith.
It is requested that summonses may be issued as above.

(Signed)
E.F.,
Pleader for plaintiff a
defendant
 145

FORM No.21
Rule 60-Issues
The suit coming on this day for the settlement of issues in the presence of etc,
and the vakil for the plaintiff applying that a commission may issue for the
examination of certain witnesses on his behalf, it is ordered that the following
issues be tried.

1.
2. (Insert the issues as framed by the Judge)
3.
And it is ordered that E.F. of (address and description) be appointed
Commissioner to take the examination of the persons described in the schedule
hereto, and (or that a the commission do issue to the Court of the District
Munsif of ……………………..to take the examination of the persons described
in the schedule hereto, and that such court be requested) to make return of such
examination to this court as soon as may be, and in any case before the
………………………..day of ……………and that A.B., the plaintiff, do on or
before the …………………………..day of pay into Court the sum of Rs. For
the expenses fo such commission *(and the further sum of
Rs…………………………on a account of the remuneration and costs of the
Commissioner) and that the question of *(the amount of such remuneration and
of) the costs of the said Commission be reserved until the Commissioner shall,
have made his return………………………………….(or and if appearing to the
Court that the evidence of the persons for the examination of whom the plaintiff
applies for a commission is not material or relevant to the above issues it is
ordered that the said application be refused) ………………………and the
…………………day of …………………..is appointed for the trial of this suit.

SCHEDULE
Sl.No. Name Father’s Address Description
Name
 146
1.
2.
3.
*To be omitted if the commission be issued to another court.

FORM No.22
Rule 75-Letter or request by one Court to the Presiding Judge of another
Court for the Production of records
To
The Judge of the Court of ………………………..
Where as upon the application for the above named plaintiff-
appellant/defendant respondent it has been made to appear to this Corut that a
perusal of the undermentioned papers, now in your custody is of material
importance in the suit above appeal now before this Court and it is found that
the production of matter the original documents is necessary for the purpose of
justice, you are ………]…………….to cause the said papers to be produced in
this corut hereby requested ……………………or to transmit the said papers to
produced in this court hereby requested ……………………..or to transmit the
said papers to this court ……………..or before the day of
……………………(Enter description of papers).

(Signed)……………………………. .
Judge.
 147
FORM No. 23
Rule 76-Summons for the production of public records and other
documents in the possession of the public servant other than a court,
(Cause-title)
To
Where as upon the application of the above named Plaintiff-
appellant/defendant-respondent it has been made to appear to the Court that the
perusal of the under mentioned papers, now in your custody, is of material
importance in the suit/ above appeal now before this court and that the
production of the original matter/ documents is necessary for the purpose of
justice, or ‘that the said applicant cannot obtain a duly authenticated copy of the
same without unreasonable delay or expense, you are hereby requested to cause
the said…………………..to be produced in this
Court………………………papers…………..or to forward to this
………………..or to transmit the said papers to this Court ………………..court
a duly authenticated copy of the said document ……………………on or before
the ………………day of ……………………(Enter description of paper).
(Signed)
……………………………..
Judge.

FORM No.23-A
Rule 76-Summons for production to Public records and other documents in
the possession of a public servant other than a court
(cause-title)
To
The Speaker
Lok Sabha,
Legislative Assembly,
The Chairman
Rajya Sabha
Legislative Council
 148
Where as upon the application of the above named plaintiff/defendant
appellant/respondent it has been made to appear to this court that a perusal of
the under mentioned paper, now in the custody of the Secretary of the Lok
Sabha / Rajya Sabha/State Legislature is of material importance in the above
suit/appeal/ matter now before this court and that the production of original
documents is necessary for the purpose of justice, or that the said applicant
cannot obtain duly authenticated copy of the same without reasonable delay or
expense, you are requested to direct your Chief Executive Officer to make
arrangements for the transmission of or to forward to this court a duly
authenticated copy of the said document on or before the day of
………………………..(Enter description of papers).

(Signed)…………………………..
Judge.

Note:-Form No.23-A was inserted by Roc.No. 3528-58-1 B published in Rules

Supplement to Part I of the A.P. Gazette, Page 224 on 20th July, 1961.
 149
FORM No. 24
Rule 84-Heading of Judgment
In the Court of the District Judge of Present:- A, B, Enquire
Tuesday, the 3rd day of January, 19……………
Original Petition No. …………….of……………
(or Original Suit No…………….of …………………)
Between:
1. C.D. and
2. B.F Plaintiff(or
Petitioners)
AND
1. G.H and
2. J.K. Defendants (or
Respondents).
The suit (or Original petition), coming on for final hearing on
Wednesday, Thursday and Friday, the 18th, 19th and 20th of January,
19…………………..in the presence of etc., and having stood over for
consideration to this day, the Court delivered the following Judgment:

Or, in the case of the appeal’

IN THE COURT OF THE DISTRICT JUDGE OF

Present :- A.B. Enquire
Tuesday, the 3rd day of January, 19
Appeal No…………..of ………………….

Between:
1. C.D and
2. B.F Plaintiff.
 150
AND
1. G.H. and
2. J.K Defendants.

On appeal from the decree (or order) of the Court of the District Munsif
of ………….. dated the ………………………day of
……………………….and made in ……………..Original Suit No.
……………………….Interlocutory Applicatiion

Between:
1. C.D and
2. B.F
Plaintiff.
AND
1. G.H. and
2. J.K
Defendants.

This appeal coming on the day in the day in the presence of etc.. (or having
been heard on the ……………………………………….day of
……………………………in the presence of etc., and having stood over to this
day, for consideration), the Court delivered the following Judgment:-
 151

FORM No. 25
Rule 85-Forms of concise statements
Forms of concise statements
Money lent The Plaintiff’s claim is Rs………………for money lent
Several Demands land interest).
The Plaintiff’s claim is Rs…………………Where of
Rs…………… is for the price of goods
Rent sold…………….for money lent and Rs. For interest.
Salary etc The Plaintiff’s claim is Rs…………………..for arrears of
rent.
Interest The Plaintiff’s claim is Rs………….for arrears of salary as
General average a clerk (or ,as the case may be).
The Plaintiff’s claim is Rs…………….for interest upon
Freight etc., money lent,
Bank’s balance The Plaintiff’s claim is Rs…………………..for a general
average contribution
Fees etc., as The Plaintiff’s claim is Rs……………for freight and
Pleader demurrage,
The Plaintiff’s claim is Rs………………….for money
Commission deposited with the defendant as a banker .
The Plaintiff’s claim is Rs……………for fees for work
Medical done (And Rs……………money expended) as a pleader
attendance The Plaintiff’s claim is Rs………………….for commission
Return of earned (Sate character-as aucti9oneer, cotton broker, etc
premium The Plaintiff’s claim is Rs……………….for medical
attendances
Warehouse rent The Plaintiff’s claim is Rs………………….for return of
premiums paid upon policies of insurance
Carriage of goods The Plaintiff’s claim is Rs………………….for the
warehousing of goods
Use and The Plaintiff’s claim is Rs………………….for the carriage
occupation of of goods by Railway.
 152
house The Plaintiff’s claim is Rs………………….for the use and
Hire of goods occupation of house.
Work done The Plaintiff’s claim is Rs…………………for the hire of
[furniture]
Boarding and The Plaintiff’s claim is Rs………………….for work done s
Lodging a [Surveyor]
The Plaintiff’s claim is Rs………………….for boarding
Schooling and lodging.

Money received .
The Plaintiff’s claim is Rs……………………for the
Fees of office [boarding lodging and ]tuition of x.y
The Plaintiff’s claim is Rs………………….for money
Money over paid received by the defendant leader [or collection or etc.,] or
the plaintiff.
The Plaintiff’s claim is Rs………………….for fees
received by the defendant under the officer of.
Return of money The Plaintiff’s claim is Rs………………….for a return of
by stake-holder money overcharged for the carriage of goods by railway.
Money won for The Plaintiff’s claim is Rs………………….for a return of
from stake-holder fees overcharged by the defendant as.
Money entrusted The Plaintiff’s claim is Rs………………….for a return of
to agent money deposited with the defendant as stake holder.
Money Obtained The Plaintiff’s claim is Rs………………….for money
to fraud entrusted to the defendant as stake holder and become
Money paid by payable to plaintiff
mistake The Plaintiff’s claim is Rs………………….for a return of
Money paid for money entrusted to the defendant as agent of plaintiff.
consideration The Plaintiff’s claim is Rs………………….for a return of
which has failed money obtained from the plaintiff by fraud.
The Plaintiff’s claim is Rs………………….for a return of
money paid to the defendant by mistake.
Money paid by The Plaintiff’s claim is Rs………………….The plaintiff’s
 153
surety for claim is Rs……………..for return of money paid to the
defendant Rent defendant for [work left undone; or a bill to be taken of a
paid bill not taken up; or etc]
The plaintiff’s claim is Rs………….for a return of money
Money paid on paid as a deposit upon shares to be allotted.
accommodation The Plaintiff’s claim is Rs………………….The plaintiff’s
bill claim is Rs………….for money paid for the defendant as
Contribution by his surety.
surety The plaintiff’s claim is Rs……..for money paid for rent due
By-co-debtor by the defendant.
The Plaintiff’s claim is Rs………………upon bill of
exchange accepted [or endorsed] for the defendant’s
Money paid for accommodation.
calls. The Plaintiff’s claim is Rs…………………for a
contribution in respect of money paid by the plaintiff as
Money payable surety..
under a ward The Plaintiff’s claim is Rs…………………for a
Life policy contribution in respect of a joint debt of the plaintiff and
defendant, paid by the plaintiff..
Money bond The Plaintiff’s claim is Rs………………….for money paid
for calls upon shares, against which the defendant was
Foreign judgment bound to indemnify the plaintiff.
The Plaintiff’s claim is Rs………………….for money
Bills of exchange payable under an award.
etc., The Plaintiff’s claim is Rs………………….upon a policy
Surety of insurance upon the life X,Y deceased.
The Plaintiff’s claim is Rs………………….upon a bond to
secure payment of Rs…..and interest.
The Plaintiff’s claim is Rs………………….upon a
judgment of the ………Court in U.S.S.R
Calls The Plaintiff’s claim is Rs………………….upon a cheque
Endorsement for drawn by the defendant.
Costs, etc., The Plaintiff’s claim is Rs…………………against the
 154
defendant as surety for the price of goods sold..
The Plaintiff’s claim is Rs………………….against the
defendant, A.B., as principal, and against the defendant
A.B., as surety, or the priceof goods sold to A.B., as
Agents etc., traveler for the plaintiff, or etc]
The Plaintiff’s claim is Rs………………….for calls upon
shares.
[add to the above forms] and Rs…………. For costs, and if
the amount claimed to be paid to the plaintiff or his pleader
within ………..days [or if the summon is to be served out
of the jurisdiction, insert the time for appearance by the
order] from the service hereof, further proceedings will be
stayed.
Damage and other claims
Apprentices: The Plaintiff’s claim is for damages for breach of a contract
to employ the plaintiff as traveler.
Arbitration: The plaintiff’s cklaim is for wrongful dismissal from the
defendant’s employment as traveler [and Rs……. For
Assaults etc arrears of wages}
The plaintiff’s claim is for wrongful dismissal from the
By husband and defendant’s employment as traveler [and Rs………. For
wife; arrears of wages]
Against husband The plaintiffs claim is for the damages for the defendant’s
and wife; wrong-fully quitting the plaintiff’s employment as manager
Pleader; The plaintiff’s claim is for damages for breach of duty as
factor, [or etc.] of the plaintiff [ and Rs… for money
Bailment; received as factor, etc]
The Plaintiff’s claim is for damages for breach of terms of a
Pledge deed of apprenticeship of x,y, to defendant [or plaintiff]
The Plaintiff’s claim is for damages for non-compliance
Hire; with the award of X,Y
The Plaintiff’s claim is for damages for assault [and false
Banker imprisonment, and for malicious prosecution].
 155
The Plaintiff’s claim is for damages for assault and false
Bill; imprisonment of the plaintiff, C.D
The Plaintiff’s claim is for assault for the damages by
Bond: defendant.C.D

Carrier; The Plaintiff’s claim is damages for injury by the

defendant’s negligence as pleader of the Plaintiff.
The Plaintiff’s claim is for damages for negligence in the
custody of goods [and for wrongfully detaining the same]
Chapter-party; The Plaintiff’s claim is for damages for negligence in the
keeping of goods pawned [and for wrongfully detaining the
Landlord and same]
tenant; The Plaintiff’s claim is for damages for negligence in the
custody fo furniture [or carriage] rent on hire [ and for
wrongfully, etc]
The Plaintiff’s claim is for damages for wrongfully
Medical Man; neglecting for refusing] to pay plaintiff’s drafts.
The Plaintiff’s claim is for damages for breach fo contact to
Mischievous accept the plaintiff’s cheque.
Anima; The Plaintiff’s claim is upon a bond conditioned not to
Negligence; carry on the trade of a …………………..
The Plaintiff’s claim is for damages for refusing to carry the
plaintiff’s goods by Railway
The Plaintiff’s claim is for damages for breach of duty in
the amount the carriage and delivery of machinery by sea.
The Plaintiff’s claim is for damages for breach of chapter
party of ship [Mary]
Act XIII of 1855; The Plaintiff’s claim is for damages for breach for breach of
a contract to keep a house in repair.
The Plaintiff’s claim is for damages for injury to the
plaintiff from the defendant’s negligence as a medical man.
Promise of The Plaintiff’s claim is for damages for injury to the
marriage; plaintiff from the defendant’s negligence as a medical man.
 156
The Plaintiff’s claim is for damages for injury by the
Sale of goods; defendant’s dog.

The Plaintiff’s claim is for damages for injury to the

plaintiff by the negligent driving of the defendant or his
servants.
The plaintiff’s claim is for damages for injury to the
Sale of land; plaintiff while a passenger on the defendant’s railway by
the negligence of the defendant’s servants.
The Plaintiff’s claim is for damages for injury to the
plaintiff at the defendant’s railway station from the
Claim for return defective condition of the station
of goods . The Plaintiff’s claim is an executior of A.B deceased for
damaged; damages for the death of the said A.B. from injuries
Damages for received, while a passenger of the defendant’s railway, be
depriving of the negligence of the defendant’s servants.
goods The Plaintiff’s claim is for damages for breach of promise
Defamation of marriage.
The Plaintiff’s claim is for damages for breach of contract
Wrongful to accept and pay for goods.
distress: The Plaintiff’s claim is for damages for not-delivery, [or
short delivery or defective quality, or other breach of
contract of sale] of cotton or etc.
Ejectment; The Plaintiff’s claim is for breach of warranty of a horse.
The Plaintiff’s claim is for damages for breach of contract
to sell [or purchase] land.
To establish title The Plaintiff’s claim is for damages for breach of contract
and recover rents; to sell (or purchase) land.
The Plaintiff’s claim is for return of household furniture [or
Fishery: etc.] or their value and for damages for detaining the same.
The Plaintiff’s claim is for wrongfully depriving plaintiff’s
Fraud: claim is for damages for slander.
The Plaintiff’s claim is for damages for libel. The plaintiff’s
 157
claim is for damages for slander.
The Plaintiff’s claim is for damages for improperly
Guarantee: detraining. This shall be sufficient whether the distress
complained of the wrongful or excessive or irregular
Insurance: The Plaintiff’s claim is to recover possession of house
No……..in ………..street or of a farm called Black acre
situate in the ………….of ………………
Fire Insurance: The Plaintiff’s claim is to establish title to [here describe
property] and to recover the rents thereof. [The two
Trespass on land: previous forms may be combined]
The Plaintiff’s claim is for damages for infringement of the
plaintiff’s right of fishing.
The Plaintiff’s claim is for damages for fraudulent
misrepresentation on the sale of a horse (or a business, or
Support: shares, or etc)
The Plaintiff’s claim is for damages for fraudulent
Way: misrepresentation of the credit of A.B
The Plaintiff’s claim is for damages for breach of a contract
Water Course etc; of guarantee for A.B
The Plaintiff’s claim is for a loss under a policy upon the
ship (Royal Charter)., and freight to cargo {or for return of
premiums}.(The for shall be sufficient whether the loss
Pasture: claimed be total or partial).
The Plaintiff’s claim is for a loss under a policy of fire-
Light insurance upon house and furniture.
The Plaintiff’s claim is for damages for wrongfully entering
Patent: the plaintiff’s land and drawing water from his well (Or
cutting his grass or felling his timber, or pulling down his
Copyright fences or removing his gate or using his road or path, or
crossing his filed, or carrying away stones from the river)
Trade-mark : The Plaintiff’s claim is for damages for wrongfully taking
away the support of plaintiffs land or house or mine.
Work The Plaintiff’s claim is for damages for wrongfully
 158
obstructing a way (Public highway or private way.)
The Plaintiff’s claim is for damages for wrongfully
diverting (or obstructing or polluting, or diverting water
Nuisance: from) water course.
The Plaintiff’s claim is for damages for wrongfully
obstructing the plaintiff’s use of a well
The Plaintiff’s claim is for damages for the infringement of
Injunction: the plaintiff’s right of pasture.
Mesne profits: The Plaintiff’s claim is for damages for obstructing the
accesses of light to plaintiff’s house.
Arrears of rent The Plaintiff’s claim is for damages for the infringement of
Breach of the plaintiff’s patent.
The Plaintiff’s claim is for damages for infringement of
plaintiff’s copyright.
The Plaintiff’s claim is for damages for Wrongfully using
(or imitating) the plaintiff’s trademark.
The Plaintiff’s claim is for damages for breach of a contract
to build up a ship (or to repair a house etc.)
The Plaintiff’s claim is for damages for breach of contract
to employ plaintiff to build a ship etc.
The Plaintiff’s claim is for damages to his house, trees,
crops etc., caused by noxious vapours from the defendant’s
factory (or etc)
The Plaintiff’s claim is for damages from nuisance by noise
from the defendant’s works (or stables or etc.)
(Add to endorsements) – and for an injunction
(Add to endorsement where claim is to land or to establish
title or both) – and for mesne profits
and for an account of rents or arrears of rent for breach of
covenant for (repairs).

1. Creditor to administer estate

 159
The plaintiff’s claim is a creditor of X,Y of
…………………………………………decease to have the movable and
immovable property of the said X,Y administered. The defendants C.D is issued
as the administrator of the said X,Y (and defendants, E.F and G.H, as his Co-
heirs-at law)

2. Legatees to administer estate

The plaintiff’s claim is as a legatee under the will, dated the
……………………….day of ………………19 of X,Y deceased to have the
movable and immovable property of the said, X,Y.. administered. The
defendant, C.D is used as the executor of the said, X,Y (and the defendants EF
and G.H as his devisees)

3. Partnership
The Plaintiff’s claims to have an account taken of the partnership dealings
between the plaintiff and defendant (under articles of partnership dated the
………………………day of ………………and to have the affairs of
partnership would up.

4. By Mortgage
The plaintiff’s claim is to have an account taken of what is due to him for
principal interest and costs on a mortgage dated the ……………………….day
of ……………………………made between (parties) or. (by deposit of title
deeds,) and that mortgage may be enforced by foreclosure or sale.

5. By Mortgagor
The plaintiff’s claim is to have an account taken of what, if anything is due on a
mortgage dated……………….. and made between (parties) and to redeem the
property comprised therein.

6. Raising Portions
 160
The plaintiff’s claim is that the sum of Rs……….. which by a deed of
settlement, and ……………was provided for the portions of the younger
children of ……………….. may be raised.

7. Execution of Trusts
The plaintiff’s claim is to have to trusts of an indenture dated……………and
made between (Parties) carried into execution.

8. Cancellation or rectification
The plaintiff’s claim is to have a deed dated……………………………..and
made between (Parties) set aside or rectified.

9. Specific Performance
The plaintiff’s claim is for specific performance of an agreement dated the
…………………………day of ………………………for the sale by the
plaintiff to the defendant of certain (Freehold) hereditaments at.

FORM No.26
Rule 88-Decree under (O.XXI.RII(1) of the code
(Cause-title)
This suit coming on this day for final disposal before ……….in the presence of
………………on the part of the plaintiff, and on the part of the defendant it is
ordered as follows:-

Forms of concise statements – Contd.

1. That C.D., the defendant, do pay to A.B. the plaintiff, the sum of
Rs…………… and also the sum of Rs…………… for the costs of the suit
 161
together with interest on the said sums at the date of Rs……………. Percent,
per annum from this day until payment thereof respectively.
2. That if the said sums are not paid a warrant do issue for the arrest of the
said C.D
3. That if a warrant is issued as aforesaid, defendant, do pay to the plaintiff
the further
sum of Rs…………………for his costs there of and that the said sum
be inserted in
the warrant accordingly.
Given under my hand and the seal of the Court, this
………………………..day…………. of ……………..19
……………………….L.S …………………………………..Judge.

FORM No. 27
Rule 91 – Order setting aside an ex-prate decree under which moneys have
been recovered
(Cause – title)
Up on reading the petition of the above named defendant presented to this
court…………….. day of ……………praying that the decree herein dated the
…………..day of the …………….may be set aside, and upon hearing
Mr………………………Vakil for the defendant and
Mr…………………..Vakil for the plaintiff it is ordered as follows:
1. That the said decree set aside, and this suit be posted for final hearing
before this court on the ……………………day of …………..
2. That the plaintiff do no or before the …………………..day of
…………………..pay into the Court the sum rs. ……………..being the
amount recovered by him the defendant under the said decree, and to
abide by the further order of this Court.
3. That the cost of this hearing to reserved to the final disposal of this suit.

FORM No.28
Rule 91-Decree dismissing suit after order in form No.27
(Formal parts)
 162
It is decreed that this suit be dismissed and that the sum of Rs. X how in Court
be paid to the defendant; and it is decreed that the plaintiff do pay to defendant
the sum of ^Y. {being interest at the rate of Rs………………………percent per
annum on the said principal sum of Rs. X from the ……………………day of
…………………………..(date of payment by defendant) to this day, I and the
sum of Rs.Z for his costs of this suit and of sthe order herein, dated the
…………………………..day of …………………..together with further interest
on the said sum of Rs………………………Y And Rs……………………….Z
at this rate aforesaid from this day to the date of realization:

FORM No.29
Rule 92-Decree reversing the decree of the lower Court, under which
moneys have been recovered
(Cause – Title)
And it is appearing that on the ……………day of…………………..the plaintiff
in the above suit revovered from the defendant, under the said decree, the sum
of Rs. X, it is decreed as follows:-
1. That the said decree be reversed, and the said suit dismissed
2. That A.B the plaintiff, do pay to C.D the defendant the said sum
of Rs. X, and the sum of Rs.Y, being interest thereon at rate of
Rs. Percent per annum from the said……………………..day of
………………………. To this day), and also the sum of Rs. Z
for his costs of his appeal; and the sum of Rs.ZZ for his costs of
the said suit making in all the sum of Rs.X,Y,Z,ZZ together
with further interest on the said rate from this day to the date of
realisation.

FORM No.30
Rule 92- Decree reversion the decree of a lower court, when possession has
been given there under
(Cause-title)
 163
And it appearing that on the ……………………..day of ……………………the
plaintiff in above suit obtained possession of the immoveable property
specified, in the schedule hereto, under the said decree, and that he has since
that day been in receipt of the rents and profits thereof, it is decreed as follows:-
1. That the said decree be reversed and the suit dismissed.
2. That A.B., the plaintiff do forthwith deliver possession of the said
property to C.D., the defendant, and do also pay the said defendant the
mesne profits of the said property from the said ………………….day of
………………until delivery of possession or until
the…………………day of ………………..if possession is not sooner
delivered together with interest thereon at the rate of
Rs……………………….percent per annum from date of receipt by the
plaintiff until realization.
3. That the plaintiff do pay to the defendant the sum of
Rs……………………for his costs of this appeal, and also the sum of
Rs……………..for his costs of the said suit, making in all the sum of
Rs…………..together with interest thereon at the rate aforesaid from this
day until realization.

FORM No. 31
Rule 97-Setting off costs
And it is declared that the plaintiff is entitled to the sum of
Rs…………………………for the costs of the suit and defendant is entitled to
the sum of Rs……………………….for his costs of the set off claimed by him
in his written statement, dated the day of ……………………..(or of the
commission to take evidence herein dated, the day of ………………….or as the
case may be) and ist is ordered that the said costs be set off against one another,
and that the plaintiff (or defendant) do pay to the defendant (Or plaintiff) the
sum of Rs……………………………..being the balance of the said costs..

FORM No. 32.

Rule 99-Order for withdrawal of suit
 164
(Cause-title)
The suit coming on this day for hearing in the presence of, etc., and the plaintiff
by his pleader applying for leave to withdraw from this suit, and for liberty to
bring a fresh suit. It is ordered as follows:-
(1) That upon payment by the plaintiff to the defendant, on or before
the ………………..day of ………………..of the sum of
Rs……………of his costs to this suit the plaintiff do have leave to
withdraw from this suit and be at liberty, to bring a fresh suit for
the same cause of action.
(2) That in default of payment of aforesaid within the said period this
suit shall stand dismissed with costs, and the plaintiff shall pay to
the defendant the sum of Rs………………………. for his costs of
this suit together with the interest thereon at the rate of
Rs…………percent per annum from this day until realization
 165
FORM No. 33
Rule 101-(2), and (4) – Statement of objection and surcharge against an
accounting party
(Cause-title)
Statement of objections (And surcharge) of the above named plaintiff against
the above named A.B., the 1st defendant under the account directed by interim
decree in the above suit dated the day of .
1. The plaintiff objects to the payment by A.B., that 1st defendant, herein
after particularized, included in his statement of account marked A, filed
in Court on the ………………day of ……………(or to the payments by
and allowances to A.B, the 1st defendant, herein after particularized with
C.D the Commissioner appointed by the said interim decree, has by his
report dated the ……………day of credited and found to be due to the
said defendant) that is to say.

Number Reference Date of Name of Particulars Amount Nature

of Items to of payment persons of amount paid or of
account to whom paid allowed objection
paid to the
payment
Rs. A.P

TOTAL

2. The plaintiff seeks to charge A.B., the first defendant, with the several
sums of money hereinafter particularized beyond what the said defendant
has, by his said statement of account, admitted to have been received by
him (or beyond what the said commissioner has, by his said report, found
to be due by the said defendant) that is to say:
No. Date Name of Particulars Amount Reasons
of when person of amount received of
terms received from received Surcharge
 166
whom
received
Rs. A.P.
TOTAL

3. *The plaintiff claims that the 1st defendant should be debited with the said
sums of Rs………………….and Rs…………………making in all the
sum of Rs…………..and that the total balance on the said account due
from the said defendant is Rs……………………..Dated this
………………….day of …………..

(Signed) G.H.,

Plaintiff

(Signed) E.F.

PLEADER FOR THE PLAINTIFF

If the objections are lengthy, they may be set out in consecutive numbered
paragraphs following the tabular form, and referring to the number of the item
therein.
 167
FORM No. 34
Rule 107-Interim decree appointing commissioner to vouch accounts
(Proceed as in Form No. 40, but in place of paragraph 7 on wards insert the
following)

7. E.F. of (address and description) is appointed commissioner to audit the

books and papers of the partnership, and to touch the several items of
accounts, as in the preceding paragraph mentioned and shall or before the
………………….day of ……………..; file in court his proceeding and
the statement of account and balance sheet prepared by him.
8. All parties shall be at liberty to file in court, on or before the day of
…………………….a statement of their objection to the said statement of
account and balance sheet and at any time to inspect any of the said
books, statements is reserved until the consideration of this report.
9. The Question of the remuneration of the said commissioner is reserved
until the consideration of this report.
10. On or before the ………………………day of ……………………the
plaintiff shall pay into Court the sum of Rs. ………………………. For
the expenses of the said commissioner, and the further sum of
Rs……………………………to abide by the order of the court as to the
said remuneration; and issues herein, and of this decree; for delivery to
the commissioner.
11. The several parties hereto shall forthwith deliver to the commissioner all
books and papers relating to the partnership in their possession or power,
respectively, and such books and papers as are now in Court shall also be
delivered out to him.
12. The receiver hereby appointed shall whenever so required by the
commissioner produce before him all books and papers of the partnership
in his hands and all books and papers of the partnership now in court shall
be delivered out to the said Commissioner.

FORM No. 35
 168
Rule 108 and 118-Declaration as to partnership accounts.
1. The book of the partnership contain sums paid by the 1st defendant on
account of the X charity, which are not chargeable to the firm and the
same, commencing with the sum of repees
……………………………………paid to S on the ………………….day
of ………………..must be disallowed accordingly;
2. The Purchase of 100 bales of piece goods for
rupees…………………made by the 1st defendant on the
……………………..day of ……………………………was on his own
behalf, and is to chargeable to the firm and in taking the partnership
account all items relating to the said transactions must be excluded
accordingly.
3. The business of dealer in grain carried on by the 1st
defendant……………………was carried on by means of the capital of
the partnership and the assets there of and all transactions relating thereto
must be included in taking the accounts hereby directed.
4. Except as herein before mentioned the accounts of the partnership have
been regularly and properly kept and correctly represent all the dealing
and transaction) thereof, Accounts where last settled between the parties
hereto on the …………………day of ……………and the same and all
previous settlements of accounts ought not be disturbed.

FORM No. 36
Rule 108 – Interim decree appointing a Commissioner to take accounts
(Proceed as in Form No. 40 but in place of paragraph 7 on wards insert as
follows)
7. E.F. (address and description) is appointed Commissioner to take
accounts directed by the preceding paragraphs, in accordance with the
declarations examine such books and documents and examine witnesses
he may think fit, and shall on or before the ……………day of …………..
Return to this Court his proceeding and report; and shall state what in his
opinion are proper and just allowances and what disbursements and
 169
receipts are attributable to the partnership, and what is due from any party
to any other party.
8. All parties shall be at liberty to file in court on or before the day of
………………a statement of their objections to the said report and at any
time to inspect the said report and at any statement of objections, and
books or papers of the partnership.
9. …………………………
10. Insert paragraphs 9, 10 and 11 as in Form No. 34.
11. …………………………..

FORM No.37
Rule 109-Report of Commissioner appointed to take partnership accounts
(Cause-title)
Report of E.F., the Commissioner appointed by the isnterim decree herein dated
the ………………..day of ……………………….
1. In pursuance of the said decree I have examined the books and papers of
the partnership therein mentioned and taken the accounts thereby
directed. A copy of my proceedings in annexed hereto, and Appendix 1
thereto sets out the names of the witnesses examined and Appendix II and
documents proved before me
2. The credits, property and effects to the said partnership consist of the
particulars specified in Schedule 1 hereto, whereof part 1 sets out assets
in hand and part Ii assets still outstanding. I estimate the value of the
several particular mentioned in the said schedule and the several
particular mentioned in the said schedule and the several amounts set
opposite thereto respectively in the third column and the total value
thereof at the sum of Rs……………The particulars mentioned in
Schedule II are irrecoverable or valueless, and I have therefore not
included them in the assets of partnership.
3. The debts and liabilities of the said partnership are specified in schedule
III hereto, and amount to the sum of Rupees………….. and including
advance, made to the firm by the several partners, amount to
Rs…………………………
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4. The particulars of the advances made to the firm by the several partners
are set forth in Schedule IV hereto.
5. After deducting from the total estimated value of the assets of the
partnership, the total amounts due from the firm to third parties, the sum
due to the partners for advances and capital , and the sum of
Rs…………………………..for the estimated costs of this suit, as
specified in Schedule VI hereto, their remains the sum of Rs………….as
the estimated net profits of the partnership .
6. The separate accounts of the several parties hereto, showing the several
sums drawn by them on account of profits, the amounts due to them
respectively, for capital advances and profits and the balance due to or by
them respectively, are setforth in Schedule V hereto under their
respective names.
Or if there has been a loss:-
5. The debts and liabilities of the partnership, together with the estimated
costs of this suit, as shown in Schedule VI hereto, exceed the estimated
value of the assets by the sum of rupees ………….which must be debited
to several partners in the following sums; to the plaintiff, rupees to the 1st
several partners in the following sums; to the plaintiff, rupees to the 1st
defendant, rupees………………………..and to the second defendant the
sum of ……………..rupees.
6. The separate accounts of the several partners showing the balances due
from them respectively are set forth in Schedule V hereto under their
respective names.
7. In taking the said accounts I have disallowed the payments and items
specified in Schedule VII hereto, for the reasons et out in column 4
thereof, and the same are payable to the partnership by the several
persons mentioned in column, 2. and are included in Part II of Schedule 1
as outstanding of the firm.
 171
SCHEDULE – 1
Assets
Part I – In hand
Serial Description Amount Estimated value
No.
1. Cash with Rs. A.P. Rs. A.P.
2. plaintiff 1,500.00
Cash with
3. defendant No 1
4. Cash with
5. Receiver
Cash with Court
Stock in hands of
plaintiff
Total 1,200.00

Part II - Outstanding
6. Pronote of X,Y Rs. Rs. A.P.,
7. Goods consigned A.P.,
to L.M. 1,000.00
8. Payments
disallowed to 1,000.00
plaintiff as per
Schedule VII,
items 1 and 4 Total

SCHEDULE-II
Irrecoverable Assets
Sl.No. Description of Properties Amount

SCHEDULE – III
Debts and Liabilities
 172
Sl.No. Description Amount

PART I – TO THIRD PARTIES

1. To P.Q for rent Rs. A.P.,
120.00

PART II – TO PARTNERS
1. To A.B plaintiff for advance to the firm Rs. AP
as per Schedule IV Total

SCHEDULE –IV
Accounts of partner’s advances
Plaintiff’s Account
Dr.
Cr.
Date Items Date Items
Rs.A.P. Rs.A.P.
Drawn on account Advance interest
of profits balance from to

TOTAL TOTAL

1st defendant’s account

(Set out account as above)
SCHEDULE-V
Accounts of the several parties Plaintiff’s account
Dr.
Cr.
 173
Rs. A.P. Rs. A.P.
1. Drawn on 1. By capital
2. account of profits 2. By 1/3 share of profits
balance

TOTAL TOTAL

Set out accounts of other partners, and persons entitled to share profits showing
whether there is a balance due to or from each of them. If there be a loss, share
of loss will appear on the debit side, instead of the share of profits on the credit
side.

SCHEDULE-VI
Estimate of the costs of Suit

Rs. A.P.
1. Costs of plaintiff
2. Costs of first defendant
3. Costs of Second defendant
4. Costs of third defendant
5. Costs of fourth defendant
6. Remuneration of Commissioner at
Rs. per day of hours
TOTAL

SCHEDULE – VII
Amount disallowed
Sl.No. Party Description of item Reasons for Amount
Chargeable and reference to disallowance
partnership books
1. Plaintiff 1st July, 68 Ledger This is not Rs. A.P.
 174
No.1.P for Charity authorized by
the
partnership
agreement or
the usage of
the partners
2. First 1st August 69 Ledger
defendant No.11.P. This is on
To X,Y, for rent account of 1st
defendant’s
3. private
Second residence
defendant

(Signed) E.F.,

Commissioner

Dated the …………………………………Day of ……………

 175
FORM No. 38
Rule 114-Plaint in a suit for dissolution of partnership or for an account of
partnership dealings
(Cause-title)
The above named plaintiff states as follows:
1. Insert as in paragraphs 1 and 2 of Form No.5
2. …………………………
3. The plaintiff and the said C.D the firest defendant and the said E.F., the
second defendant, have since the ……………………..day of
………………………been carrying on the business of ………….as
partnership, in writing date the say of jurisdiction of this Court, under
article of partnership, in writing date of day of …………….and signed by
them respectively (or under a verbal agreement between them and on the
said……………..day of ………………………}
4. Under the partnership agreement the plaintiff and the said defendants are
entitled to the profits and are liable to the losses of the said business in
the following proportions; to the plaintiff, sixteenths, to the said business
in the following proportions; to the plaintiff, sixteenths, to the first
defendant seven-sixteenths and the second defendant, three-sixteenths.
5. The said L.M., the third defendant and the said N.O the fourth defendant,
are not partners in the said business, but are entitled as remuneration for
their services therein to the following shares in the net profits thereof; to
the third defendant from the …………….day of………..one sixteenth;
and to the fourth-defendant from the ………….day of one-sixteenth.
6. In accordance with the arrangement in the preceding paragraphs
mentioned, the plaintiff and the first and second defendant are entitled to
profits are follows :- from the said day of ……………to the plaintiff, six-
sixteenths to the first defendant, six-sixteenths; and the second defendant,
three-sixteenths; and from the said……….day of ……………to the
plaintiff, five-sixteenths to the first defendant, six-sixteenths, and to the
second defendant three-sixteenths.
 176
7. Accounts were last settled between the partners on the
………………………day of /or not settlement of the accounts has been
made between the partners since the commencement of the partnership].
8. Disputes have arisen between the plaintiff and the first and second
defendants, as such partners aforesaid, whereby it has become impossible
to carry on the said business in partnership with advantage to partners.
9. The plaintiff desires to have the said partnership dissolved, and is ready
and willing to bear his share of the debts and liabilities of the firm
according to the terms of the partnership agreement.
[Or, by the terms of the [partnership agreement, the same is determinable at six
months, notice and was determined by a notice in writing given on the of
……….by the plaintiff to the first and second defendants.
[Or, the first defendant has refused and still refuses to concur in taking and
setting the accounts of the partnership, not with standing that no such account
has been taken or settled since the ………………day of ……………….]
The plaintiff desires to have the said partnership would up, and ready, etc]
10. The plaintiff prays-
(a) That the said partnership may be dissolved as from this day (or, be
declared to have been dissolved on the ………………day of
……………………
(b) That the account of the partnership business may be taken by the Court,
(Without a dissolution of the ………………as from the ………..day
of………………..)
(c) That the assets may be realised, and that each party may be ordered to
pay into court any balance due from him upon such partnership account
and that the debts and liabilities of the said partnership, may be paid and
that the costs of the suit may be paid out of the partnership assets, and
that may balance remaining of such assets after such payment and
discharge and the payments of the said costs, may be divided between the
plaintiff and defendant according to the terms of the said articles (or deed
or agreements) or arrangement, or that if the said assets shall prove
insufficient, the plaintiff and the said first and second defendants may be
 177
ordered to contribute in such proportions as shall be just to a found to be
raised for the payment and discharge of such debts liabilities and costs.
(d) For the appointment of a receiver
(e) For an injunction to restrain the first defendant from remaining receiving,
disposing of or otherwise dealing, with the property and effects of the
partnership,
(f) For such other relief as the Court shall think fit
(Hear enter verification as in form No.5).

FORM No. 39
Rule 115 – Order at first hearing, when it appears that the plaintiff
has neglected to make, or has been refused inspection of the
partnership accounts; or when the plaintiff makes formal allegations
of fraud
The suit coming on this day for settlement of issues in the presence of etc., and
it appearing that the plaintiff has not had inspection of the partnership accounts
[thought the defendant has been willing to afford the same or through he willful
default of the defendant or as the case may be], it is ordered as follows:-
1. That the defendant to forthwith produce at ………………….[insert place
of inspection] or, [bring into Court] the books of account and all other papers, in
his possession or power, relating to the business of ………………….in the
plaint mentioned and that the plaintiff be at liberty, at all reasonable times, to
inspect the same, and take copies and extracts there from.
2. That the plaintiff do on or before the ………………..day of
………………….file in Court a written statement setting forth his
objections if any, to the said accounts (if fraud, is alleged by the plaintiff-
specifying any items or transactions which he alleges to have been
fraudulently omitted there from or included therein by the defendant, or
any other acts of fraud alleged by him, with dates and full particulars
thereof).
3. That the plaintiffs do pay to the defendant the sum of Rs. for his costs of
the hearing.
for his costs of the hearing
 178
And the hearing of this suit for the settlement of issues is adjourned to the day
of .

FORM No. 40
Rule 100 and 119 – Interim decree in a suit for dissolution of a partnership
(Cause-title)
This suit coming on this day for final disposal in the presence of etc., it is
declared as follows:-
1. A partnership existed between the plaintiff and the first and second
defendants in the business of ………….in the plaint mentioned, as from
the day of ………….to the …………..day of ………….and they were
interested in the assets and profits and liable to the losses of the same in
the proportion of one-sixths to the plaintiff, two –sixths to the first
defendant, and the remaining three-sixths to the second defendant.
2. The accounts of the partnership have been regularly and properly kept,
and were last settled between the parties hereto on the
……………………day of ……………… and the same and all previous
settlement of account ought not to be disturbed.
3. The property specified in the schedule hereto was and is the separate
property of the plaintiff, and is to be treated as a part of his capital in the
said business.
4. The plaintiff is entitled to have the said partnership dissolved as from the
day of .
And it is decreed as follows:-

5. That the said partnership do stand dissolved as from the said day of
………….. and that such dissolution be advertised in etc.
6. That the following account be taken:-
(1) An account of the credits, property and effects now belonging to the
partnership:
(2) An account of the debts and liabilities of the partnership;
 179
(3) An account of the dealings and transactions between the said partners
from the said ……………..day of …………….(The date of the last
settlement of accounts, if any, or the commencement of the partnership)
(Insert any necessary directions as to the manner of taking the account for
example:- And in taking such accounts, interest at the rate of
Rs…………………per cent per annum, shall be allowed on the capital
contributed and advances made by the several parties thereto)
7. For the purpose of taking the said accounts the first defendant shall on or
before the …………….day of …………….filed in the Court his account
of the several matters in the preceding paragraph mentioned, verified by
the affidavit or himself or some duly qualified person; and the plaintiff
and the second defendant shall on or before the …………………..day of
…………………file in Court statements of their objections thereto; and
all parties shall be entitled to inspect all books of the partnership and the
said statement of account and objections.
8.
G.H. of (address and description) is 1 [upon giving security in the bond of
himself and two sureties to be approved by the Judge, in the sum of
Rupees……………… ], appointed receiver to realize and collect the
debts; assets and effect of the said partnership with power to bring and
defend suits in his own name and to grant receipts and generally to act as
the owner thereof might act (He shall also have power to manage and
carry on the said partnership business, and to sell the said business and
the stock in trade and good will thereof as a going concern, either by a
private sale or at public auction, and any of the parties to this suit shall be
at liberty to bid for and purchase the same
9. The plaintiff and the defendant shall, forthwith deliver to the said receiver
all the stock in trade and effects of the partnership, and all securities,
books and papers in their hands relating to the said effects and the said
partnership
10. The receiver shall out of the first moneys to be received by him pay debts
due from the said business, and shall be entitled to retain in his hand the
sum of Rs.100 for current expenses, but subject there to shall pay his net
receipts, so soon as the same came into his hands, into Court to the credit
 180
of the suit. He shall once in every six months file his accounts and
voucher’s in Court; the first account to be filed on the
……………………..day of ………………and to be passed before the
judge…………………on the …………………days of …………….He
shall be entitled to a commission at the rate of
Rs………………….percent, on the net amounts collected by him [or, the
sum of Rs…………….per months, or as the case may be][ as his
remuneration, [or, he shall act without any remuneration]. And the further
consideration of the suit is adjourned to the ……………day of
…………….

FORM No.41
Rule 119 – Interim decree in suit for dissolution of a partnership, to which
persons entitled to share of net profits are made parties
(Cause-title)
This suit coming on this day etc:-
1. A partnership existed between the plaintiff and the first and second
defendants in the business of ……………..in the plaint mentioned, as
from the day of ………….to the ….day of …………………..
2. The third and fourth defendants were not partners in the said business ut
were entitled as remuneration for their services to share in the net profits
there of in the proportion of one sixteenth to the third defendant from the
day of ………..and two-sixteenths to the fourth defendant from the
………..day of ………to the said day of ……………..
3. The plaintiff and the first second defendants were interested in the assets
and profits of the said partnership from the ………………………..day of
……….to the …………………day of ………..in the proportion of six-
sixteenths to the plaintiff, six-sixteenths to the first defendant and the
remaining three-sixteenths to the second defendant and from the
……….day of ………………to the said………………….day of
……………..in the proportion of five sixteenths to the plaintiff, five-
sixteenths to the first defendant; and the remaining three sixteenths to the
second defendant.
 181
4. The plaintiff ad the first and second defendants are liable to losses in the
proportion of six-sixteenths to the first defendant, and the remaining four-
sixteenths to the second defendant.
Proceed as in paragraphs 2 to 10 of Form No .4 0 but to the accounts directed
paragraphs (6), and the following as (4) items;
5. An account of the moneys due to and withdrawn by the third and fourth
defendants in respect of their share in the net profit of the said business
from the ………………….day of ………….and the
………………….day of respectively.

FORM No.42
Rule 123 – Partnership-Order upon the taking of Accounts by the Court,
when assets are to be distributed among the partners
(Cause-title)
This suit coming on this day for consideration of the statement of accounts and
balance sheet filed by the first defendant, and the statement of objections thereto
filed by the plaintiff and the second and third defendants, it is declared
accordingly as follows:-
1. The assets of the said partnership consist of the particulars specified in
Schedule I hereto, which are respectively of the amounts or values in
columns 3 and 4, and in the possession of the several persons in column 2
thereof mentioned and are of the total estimated value of
Rs…………………
2. The debts and liabilities of the said partnership consist of the particulars
specified in the Schedule II hereto, amount to Rs.
3. The sum of Rs…………….is due to the plaintiff for advances made by
him to the firm, together with Rs…………………………… for interest thereon
to this day at Rs………….percent per annum, making together the sum of Rs.
4. The Costs of the several parties to this suit are payable out of the assets of
the partnership, and the amounts thereof respectively are as set forth in Schedule
III hereto.
 182
5. After providing for the payment of the amount in paragraphs 2,3 and 4
hereof mentioned, the estimated net profit of the firm are Rs.
6. The said profits are divisible among the parties hereto as follows to L.M.,
the third defendant, Rs……….. and to N.G the fourth defendant
Rs…………..as remuneration for their services; and the balance is divisible
between the partners, namely to A.B., the plaintiff, Rs…………… to C.D the
first defendant Rs…………..and to E.F the second defendant Rs…………….
7. On the separate accounts of the several parties hereto (including therein
the assets of the partnership in their hands respectively) there are due to or by
the firm or to the several parties, the following balance respectively – to the
firm, by the first defendant the sum of Rs…………….from the firm to the
plaintiff, the sum of Rs………….to the second defendant to the sum of
Rs………….to the third defendant, the sum of Rs……………the fourth
defendant the sum of Rs……………………………..
8. And the parties hereto their vakils consenting that in place of sale of the
assets of the partnership the same shall be divided between the partners, and
that, after payments of the said, balances they shall respectively retain the
several assets now in their hands in satisfaction of their several shares, it is
ordered that the 1st defendant to forthwith out of the said sum of
Rs,………………..due from him as aforesaid, in the first place discharge the
liabilities in Schedule II mentioned ; secondly, do pay to the plaintiff the said
sum of Rs…………………. in paragraph 3 hereof mentioned; fourthly, do pay
to L.M., the said sum of Rs…………………and to N.G., the said sum of
Rs………….. and lastly, do pay the plaintiff the said sum of Rs……….. and do
file in Court vouchers for all payments made by him (or if a receiver is
appointed, proceed as in Form No. 43)
And the further consideration of this suit is adjourned to the day of

SCHEDULE – I
(Set out assets of the firm as in Schedule I to Form No.37)
SCHEDULE – II
(Set out debts and liabilities, of the firm as in Schedule III to Form No.37)
 183
SCHEDULE – III
(Set out costs of the several parties, which are payable of the assets of the
firm as in Schedule VI to Form No.37

FORM NO 43
Rule 123 – Order confirming Commissioner’s report upon taking accounts
when the firm is solvent, and assets are to be distributed among the
partners and a receiver has been appointed.
(Cause-title)
This suit coming on this day for further consideration, upon reading the report
dated day………….day of ……………..of the commissioner appointed by the
interim decree herein dated the day of …………..and the objections of the
plaintiff thereto; and upon hearing etc.,

And the parties by their vakils applying that in place of a sale of the partnership
assets the same may be distributed among the several partners, it is ordered that
the said report be confirmed, and the objections of the plaintiff there to be
disallowed. And it is declared that there is due to the partnership by the first
defendant the sum of Rs………..and from the partnership to the plaintiff, the
sum of Rs……………to the second defendant the sum of Rs………….and to
the third defendant, the sum of Rs…………….as appears from the several
accounts in Schedule I hereto as under the respective names of the said parties
And it is ordered as follows:-
1. That the first defendants do forth with pay into Court the said sum of
Rs…………….
2. That out of the sum of Rs…..now in Court, the sum of Rs………the paid
out of Corut of E.F the receiver herein, and that the said receiver do apply
the same, and the sum of Rs……..now in his hand, in discharge of the
debts and liabilities set out in Part 1 of now in his hands, in discharge of
the debts and liabilities set out in Part I of Schedule III of the said report.
3. Upon payment in by the first defendant as aforesaid the several sums in
column 4 of Schedule II hereto shall be paid out of Court to the several
 184
persons and for the several purposes in column 2 and 3 there of
respectively mentioned .
And the further consideration of the suit is adjourned to the day of

SCHEDULE-1
Accounts
Account of A.B. plaintiff

Sl.No. Items Amount Items Account

Rs. A.P Rs. A.P
1. By assets in his By capital By
possession as per advance By interest
Schedule 1 of thereon By ½ share
Commissioner’s report. of estimated net
2. profit
By payments
disallowed as per
Schedule VII, items 1
and 2, of
3. Commissioner’s report

Drawn on account of
profits’

Balance

TOTAL

(Set out accounts of other parties)

 185
SCHEDULE –II
Payments
Sl.No. Names of payees Purpose for which payment is Amount
made

1. G.H. of ect., Remuneration as

Commissioner Rs.A.P
2. L.M.(non-
3. partner) Balance as per Schedule I
4. N.O.(non- Balance as per Schedule I
partner) Balance as per Schedule I
A.B.Pliintiff

TOTAL

*If the amount in Court, mentioned in paragraph 2 of the order, is insufficient to

pay debts and liabilities, the first item will be “ I.A.E.F. Receiver, for payment
of balance of debts and liabilities of the partnership, and there will be a direction
inserted in the order for payment there of priority to the other payments.

FIRN No. 44
Rule 123 and 124 – Order confirming report of the Commissioner, when
the assets or part of them are to be realised or when the firm is insolvent
(Cause-title)
This suit coming on this day for further consideration, upon reading the report,
dated the ……………..day of …………………of the Commissioner appointed
by the interim decree herein, dated the ……………………….day of
…………………..and the objections of the plaintiff thereto and upon hearing
etc. It is ordered as follows:

1. That (items 1 and 2 of the said objections be allowed, and that subject
there to ) the said report be confirmed.
 186
2. That the plaintiff do forthwith pay into court the sum of Rs. and the first
defendant do forthwith pay into Court the sum of Rs……………..being
to total amount of the sums due to the partnership by them respectively,
as set forth in Schedule I (and Schedule V) of the said report (as varied
as aforesaid).
1. If the money in court, or with the receiver, are not sufficient to pay
liabilities and adjust accounts between the parties, otherwise these sums
may be carried into the partner’s separate accounts, as in form No.43.
2. If there has been a loss it has to be contributed by the several partners.
3. That the plaintiff and the first defendant do forthwith deliver to the E.F
receiver herein, possession of the several effects of the partnership now in
the possession of them respectively as shown by Schedule 1 of the said
report or if particular items only are to be sold and the remainder
distributed possession of item Nos………………. now in the hands of the
plaintiff, and item Nos. ……………now in the hands of the first
defendant, as appears in Schedule of the said report.
4. That the receiver do forthwith sell (out of Court) by public auction or by
private contracts the properties set out in Schedule I of the said report
(Except item Nos………….. ) and do collect and realize the out standings
therein (Except item Nos……) and any of the parties hereto shall be at
liberty to bid at such sale.
i. See note to paragraph. ii) This clause will also be inserted if the assets,
or some of them, are not to be divided among the partners.

5. That out of the moneys now in Court, and the moneys to be paid in as
aforesaid the sum of Rs…………….be paid out of the Court to E.F., the
Receiver, and that he do apply the same and the sum of
Rs…………….now in his hands (and the net sale-proceeds and the
collections in the proceeding paragraph mentioned) first, in discharge of
the debts and liabilities west out in Part I of Schedule II of the said report;
secondly payment of the sums set out in Part II of the said Schedule II;
and lastly, in payment of G.H. the Commissioner, of sums of
 187
Rs……………. for his remuneration and do pay the balance, if any, in his
hands into Court.
And the further hearing of this suit is adjourned to the day of
…………………………….

FORM No.45
Rule 123- Final decree subsequent to the order in Form No.42
(Cause-title)
This suit coming on the day for further consideration in the presence of, etc.,
and it appearing that the payments directed by the order herein dated the
………….day of ………….. have been duly made by the first defendant; it is
by consent decreed that the plaintiff and second defendants do respectively
retain the assets of the said partnership in their hands in full satisfaction of their
several shares and interests of and in the said partnership, and do execute and
make all such transfers, endorsements and delivery of partnership, and do
execute and make all such transfers, endorsements and delivery of such assets,
and any securities therefore, as may be necessary to carry out this decree.
1. It will be advisable to specify any particular transfer or endorsement
required.

FORM No.46
Rule 123 and 124 –Final decree after order in Form No. 43
(Cause-title)
This suit coming on this day , etc…………………
And it is appearing that the debts and liabilities of the partnership have been
duly paid and discharged by E.F., the Receiver herein, who has duly passed his
accounts before this Court and that nothing now remains due from him, it is
ordered and decree as follows:-
1. That the said receiver be discharged and the bond, dated the day of
entered into by him, and P and Q his sureties be cancelled.
 188
2. That the costs of all the parties to this suit be paid out of the assets of the
partnership (or as the case may be).
3. That the sum of rupees……………now is Court be paid out of Court to
the several persons whose names and descriptions are set out in the
schedule hereto, for the purposes and in the proportions specified in
column 3 and 4 of the said schedule
4. *That the several partners do retain the assets of the partnership now in
their possession in full satisfaction of their respective shares and interests
of and in the said partnership and do respectively execute, make and do
all such transfers, endorsement and things, as may be necessary to
complete the title of the several partners thereto.

SCHEDULE
Sl.No. Names and description of Purpose of which payment Amount
payees is made

1. R.plaintiff’s Vakil. Costs of plaintiff

2. S.First defendant Vakil Costs of first defendant
3. I second defendant’s Vakil Costs of second defendant
4. U.Third defendant’s Vakil Cost of third defendant
5. A.B. plaintiff. Balance of 1/3 share of
6. C.D.first defendant profit
7. L.M.Second defendant, Balance of 1/. Share.
8. N.O third defendant Balance, etc.,
Balance, etc.,

TOTAL

*If any particular transfer or endorsement is required, it should be specified

here.
 189
FORM No.47
Rule 123 – Final decree- Distribution of assets, after payment of debts and
liabilities among the several partners, who hold the same in various
proportions
(Proceed as in Form No.46 and continue)
And the parties hereto by their vakils applying that in place of the sale of the
assets of the partnership, the same may be distributed among the partners as
hereinafter directed. It is declared that the amounts due from the partnership to
the severalparties are as set forth in the several accounts-placed under their
respective names in schedule I here to namely to the plaintiff, Rs……………..
to the first defendant, Rs………………..; to the second defendant,
Rs…………….and to the third defendant, Rs…………………..and that the
remaining assets of the partnership consist of the sum of Rs…………..now in
Court and the particulars set out in Schedule Ii hereto, and it is decreed as
follows:
1. (Insert paragraph I of Form No.46)
2. (Insert direction as costs; sec paragraph 2 of Form No.46)
3. That with the consent of the several parties hereto, the partnership assets
be distributed among the several partners at the value and in the manner
set forth in Schedule II hereto, and that they do accept the properties set
out under their respective names in full satisfaction of their respective
shares and interest of and in the said partnership.
4. That the several persons mentioned in column 4 of Schedule to
respectively transfer and deliver to the several persons under whose
names the descriptions of the several properties are setout in Parts I to IV
of the said schedule, possession of the said properties, or of the same
from part of their own share, do retain the same in their possession.
5. That the sum of Rs………….now in Court be paid to the several persons
in column 2 of Schedule III hereto, for the purposes and in the
proportions specified in columns 3 and 4 of the said schedule.

SCGEDLE
Accounts
 190
Account of A.B.Plaintiff
Sl.No.
By Profits Rs. A.P By capital By 1/3 Rs.
Withdrawn Balance share of net A.P
profits after
payment of costs

TOTAL TOTAL

(Set out accounts of other parties)

SCGEDLE II
Accounts
Share of A.B.Plaintiff
Sl.No. Description of Estimated Value Persons in
property possession
Rs. A.P.,
1. A.B.
2. C.D.
3. Balance L.M
Total as per
Schedule 1

(Set out accounts of other partners)

 191
SCGEDLE III
Payments

Sl.No. Name and Purpose of the payment

description of payee Amount
Rs.A.P
1. R.Plaintiff’s Vakil Costs of suits

2. Laintiff Expenses of commission paid

into court on day

3. Do Balance for equality of

partition as per Schedule II

FORM No.48
Rule 126-Injunction and appointment of a Receiver
(Cause-title)
Upon reading the petition of the plaintiff, dated the ………………….day of
……………..praying that the first defendant may be restrained from dealing
with the assets of the firm, and for the appointment of a Receiver, and upon
hearing etc.,………………[and it appearing that the said first defendant has
made default in complying with the terms of the order therein, dated the
…………………..day of ………….]. It is ordered as follows:-
1. The C.D., the first defendant, be restrained by injunction from selling,
disposing of or intermeddling with any part of the stock in trade,
properties and effects belonging to the plaintiff, and that the first and
second defendants, as partners in the business of …………………in the
plaint mentioned, and for receiving, negotiating retaining, or otherwise
dealing with any money, securities or property of the said partnership and
from doing or causing to be done, any act in the name or on the credit of
the said partnership until the further order of this Court.
2. (Appoint Receiver, as in paragraphs 8,9 &10 Form No. 40)
 192

FORM No. 49
Rule 126 –Order on appeal varying the interim decree in a partnership suit
(Heading as in Form No. 24)
1. It is ordered that the said interim decree be varied by omitting the
declaration in paragraph 3 thereof, that the business of
…………….carried on by the first defendant at…………………formed
part of the partnership business and that the assets thereof and the
transactions therein should be included in taking the partnership accounts
and it is ordered that with this variation the said interim decree be
affirmed, and that his suit be remanded to the said Court; and be
readmitted under its(Original number in the register and that the said
Court do proceed to ) take the account directed by the said interim decree
as varied as aforesaid and to determine the suit accordingly.

FORM No.50
Rule 126 – Order on appeal from a final decree reversing same and
appointing a Receiver
(Heading as in Form No.24)
It is ordered that the said decrees be reversed, and it is declared as follows:-
1. That particulars mentioned in the schedule hereto formed part o the assets
of the partnership in the plaints mentioned, and ought to be brought the
accounts thereof.
2. The balance due from the first defendant to the firm, exclusive of the said
particulars, amounts, to the sum of Rs.
3. C.D., the first defendant, shall within 14 days from this day pay into the
Court of the District Munsif of ……….to the credit of this suit the said
sum of Rs….
4. E.F., (Address and description) is upon giving security in the bond of
himself and two sureties, to be approved by the judge of the said Court in
the sum of Rs……………appointment Receiver to realize and sell the
property, and collect the out standings in the said schedule mentioned
 193
with power to bring and defend suits in his own name and to grant
receipts and generally to act as the owner thereof might act
5. The said first defendant shall forthwith deliver to the said receiver such of
the particulars mentioned in the said schedule are as in his possession;
and all papers and securities in his hands relating thereto.
6. The receiver shall out of the first moneys to be received by him discharge
the debts and liabilities of the partnership, as specified in the order of the
said Court dated the ……..day of ……….and shall be entitled to retain in
his hands the sum of Rs.100 for current expenses, but subject, thereto,
shall pay his net receipt so soon as they come to his hands into the Court
of the District Munsif of …………. To the credit of this suit. He shall one
in every three months file his accounts and vouchers in the said Court; the
first account to be filed on the………….day of…..and to be passed before
the Judge of the said Court, He shall be entitled to retain a commission at
the rate of Rs…….. percent on the next amount realised or collected by
his, his remuneration
7. On or before the …………..day of ……… the said Judge shall report to
this Court what property and outstanding have been or remain to be
realised or recovered, what amount is standing to the credit of the suit, or
is in the hands of the Receiver, and whether the Receiver has duly passed
any and what accounts before him.
And the further hearing of the appeal is adjourned to the day of

SCHEDULE
FORM No.51
Rule 128-Application for certified copies
(Cause-title)
To,
 194
Judge of the said Court,
Application for certified copies.
It is requested that certified copies of the documents hereunder mentioned may
be furnished to A.B. the plaintiff above named ore to A.B., of (Address and
description and that the same may be sent to said address by registered post.
[The said copies are urgently required for the reason that [set out the reason that
{set out the reason for urgency}. On the …..day of …. Application for copies of
the documents numbered………..was made to C.D the …….Pleader of E.F., the
defendant who has for more than two days neglected to furnish the same].
Sl.No. Date of Date of Description of Order, if any,
filing document documents under which
document application is made

Date the ……………day of ………………19………………….

(Signed) G.H.,
Pleader
for the plaintiff.

FORM No.52
Rule 138(1) – Application for transmission of decree or order
(Cause-title)
Execution- Petition No………….(1)
The above named plaintiff states as follows:-
Set out particulars required by O,XXI, R, 11(2) of the Code, paragraphs(a) to (i)
inclusive.
The defendant is a resident of………..with in the local limits of the Court of the
District Munsif of ……….and has immovable property situate therein. He has
no property movable or immovable within the local limits of the Jurisdiction of
this court [or the property of the said defendant with in the local limits of the
jurisdiction of this Court, consists only of ………and is not sufficient to satisfy
the said decree].
 195
The plaintiff prays that said decree may be transmitted (Through the District
Court of ……….) to the Court of District Munsif of ………………for
execution.
(Enter verification as in Form No.5)
L.M.
(Sligned) A.B./,
Vakil for the plaintiffs
Plaintiff.

FORM No. 53
Rule 141(2) – Execution petitions- (Cause-title)
Execution- Petition No.1

O .S. No .1 of 1920
1. Number of suit. 1.
2.
2 Number of plaintiffs 3.
. 1.
3. Names of defendants 2.
3.
4. Date of decree

[Set orut of other particulars required by O.XXI , R.!!(2) cls.(d) to (i) of the
Code]

5. Relief The plaintiff prays that:

prayed (1) The interest of the said C.D in the immovable property
described in the schedule hereto may be attached under
O.XXI, R.54 of the Code of Civil Procedure, and may be
sold by the Court and that summos may issue to the said
C.D. to bring into court all documents in his possession or
power relating there; or
 196
That the movable property of and in the possession of the
defendant in his godown situate at………..may be attached
under Or.XXI,R. 43 of the Code of Civil Procedure, and
may be sold by the Court or That the movable property of
the defendant in the possession of G.H., of (address and
description) at and described in the inventory annexed
hereto, may be attached under O.XXI ,R.46 o the Code of
Civil Procedure, and may be sold by the Court ; or
(2) That the plaintiff may be at liberty to bid at such sale, at
such price as may be fixed by the Court.
(3) That notice may be issued to the persons named in column
10 here of to show cause why the said decree should not be
executed against them in manner aforesaid. [as the legal
representatives of C.D the defendant above named, who
died on the day ………in respect of above mentioned
property, being assets of the said deceased in their hands]

SCHEDULE
Sl.No. Description of property Interest of Encumbrance
judgment
debtor
Set out full particulars of area, In addition to full
survey numbers, nature of particulars of any
land, rental value and capital mortgage of charge, set
value etc out particulars of any
peishkush etc., payable,
less or agreements, etc.
(Hear enter verification as in Form No.5)

(Signed) L.M.
(Signed) A.B.,
Vakil for Plaintiff
Plaintiff.
 197

FORM No.54.
Rule 152 – Notice under Order XXI, R.34(2) of the Code- (Cause-title)
To,
(Residence of description)
Take notice that on the ……………………..day of …………………that above
named plaintiff presented an application to this Court that the Court may
executed on your behalf a deed of assignment where of a draft is hereunto
annexed of the immovable property specified there under and that the
………………..day of …………………is appointed for the hearing of the said
application; and that you are at liberty to appear on the said day in person or by
pleader and to state any objection there of which you have been given not less
than two days notice in writing to the plaintiff or his pleader.
And also take notice that the address for service of the plaintiff is.
DESCRIPTION OF PROPERTY
(set out description as contained in the draft deed of assigned)

(Signed)……

Judge.

FORM No.56
Rule 153-Endorsement of a negotiable instrument by the Judge
Pay E.F. or order (Signed
A.B., by C.D)
Judge of
the said Court

FORM No.57
Rule 157 –Lodgment Schedule
(Cause-title)
 198
Schedule of lodgment to be made to the above suit [or appeal] [or matter],[to the
account of A.B., the plaintiff] under the decree [or order] dated
the……………………….
Particulars of funds Person to make Amounts
to be lodged the lodgment Cash Security
1. Cash in C.D. the Rs. Rs. Ps.
Satisfaction defennant A.P.
of the said decree
2. Costs. The
3. Interest on the same
decreed amount to The
this day. same

TOTAL
1. Cash proceeds of E.F. the
sale under the said auctioner
order
Two Government G.H. the 1,500
promissory Notes of guardian of the
the loan of minor.
1. Note No.
2. Note No. 90106 500
3. Balance of cash in The
his hands same 90106 2,000

TOTAL

It is requested that an order for lodgment may be issued.

Dated ………………..day of………………….

(Signed)
 199
L.M.
Pleader for C.D
 200

1
[FORM NO.58
Rule 225(157) of Part I, Volume I, C.R.P & C.O.
Order For Lodgment
(P.Dis No.1047 of 1937)
No. No. No. No.
Order for Treasury, Order for Order for treasury, Order for
Lodgment in Treasury, Lodgment in Treasury,
Reserve Bank of Lodgment in Reserve Bank of Lodgment in
India. In the Court Reserve Bank of India In the Court Reserve Bank of
of India. In the of India. In the Court
Court of Received this day of
of ……..198 and Reserved this day
To entered as No……. of 198 and entered
Officer in charge of To of 198 in the as No……..of
Treasury At…. Officer in Charge Register of Civil 198……..in the
.of TREASURY Court Deposits the Register of Civil
AT sum of Courts Deposits
Rs……..Nps. the sum of
from….to the credit Rs…Nps. (in
of No. of on the file words Rupees
of the court of …….from ….to
the credit of
THE AGENT, No……. of on the
RESERVE BANK file of the Court of
OF INDIA. THE AGENT,
Received RESERVE
Rs……….. (in BANK OF
words INDIA
Rupees…from….to You are
the account of requested to
No…. of on the file received the sum Dated …..the day.. Dated …..the
 201
of this court. of Rs…Nps (in of 198……………. …..day of
Dated …. The day words) from and …..198……….....
of credit the same to Officer in charge of
….198…………. the account of the Treasury Agent Officer in charge
No……….. on of Manager. of the Treasury
the file of this Agent or
Court dated the Manager.
day of
198……….

1. Subs, the ROC. No. 1852/SO/82, dt.9-6-1987, Published in A.P>,

Gazette, dt.15.6.87, Page 25.

FORM No.59
Rule 165 – Payment Schedule
(Cause-title)
Schedule of payment to be made out of Corut money standing to the credit of
above suit [or appeal or matter] (to the separate account of A.B. a minor) under
decree (or order) dated the …………………………………………day of
…………………………..
Particulars of Payees or Amounts
payment transfer transferces Cash Securities
Rs.A.P. Rs. A.P.,
Pay CD of
etc.,
E.F. of
etc.,

TOTAL
Transfer of G.H of
Government etc., 1,000.00
Promissory Notes of
 202
the loan of Nos. TOTAL 1,000.00

Sub-divided J.K. of 1,000.00

government etc.,
Promissory Notes of
the Loan of No. and 500.00
transfer to……. L.M. of 400.00
Sell Notes No. of the etc., 100.00
said loan and divided P.Q. of TOTAL 2,000.00
proceeds as under – etc.,
One-half
Three tenths
One-fifth J.K.
J.M.
P.Q

It is requested that an order for payment may be issued. Dated the

…………..day ……….of ……….(Signed) C.D.

(Signed E.F.)

Pleader of C.D
Received this …………………………..day ………………….. the above sum
of Rs……………………… only.

(Signed) C.D.

FORM No.60
Rule 165 – Order for payment
 203
No………………………………. No……………………………….
In the Court of ……………………….. In the Court of ………………………..
To To
The Officer in charge of the Treasury The Officer in charge of the Treasury
at……….pay Rs………to at……….pay Rs………to
……………of……… ……………of………
Only Only
(Address and description) or order (Address and description) or order
on account of No………….on the file the sum
of this Court land of or dearer
No…………….of………Treasury to the accounts No………….of on the
Register of Receipts of Civil Court’s file of this Court land of Treasury
Deposits. Dated the ……………..day Register of Receipts of Civil Court’s
of …………… Deposits. Dated the ……………..day
Initials of the of ……………
Judge. Signature of the
Judge
Or, When the Government Treasury is Or, When the Government Treasury is
kept by a Bank kept by a Bank

No……………. No…………….
In the Court of …………….. In the Court of ……………..
To To
The Agent, State Bank of India, The Agent, State Bank of India,
at………Pay Rs…….to at………Pay Rs…….to
………………of………………. ………………of……………….
Only. Only.
(Address and description) or order (Address and description) or order
and the sum
or dearer or dearer
Civil Court’s Personal Ledger account of Rs…………….. and debit the
of this Court. Dated the amount to Civil Court’s Deposits
…………………..day of ………… Personal Ledger account of this Court.
 204
Dated the ……….day of ………….

Initials of the Signature of the

Judge. Judge

FORM No.61
Rule 171-Payment into court of Cash Deposit
(Cause – title)
Nature of Name Village, Distance in Travelling
process to be descriptions Taluk and miles from allowances to
issued or of persons on District the Court the form the
purpose for whom or on Munsif house Court house.
which money is whose where
deposited and property the process is to
order if any, process is to be executed
under which the be executed
deposit is made
(1) (2) (3) (4) (5)
1.
2.
3.
4.
5.

Class of Subsistence allowance Process Expenses of

 205
allowance Amount Number of fees sale or
days commissioner
(1) (2) (3) (4) (5)
1.
2.
3.
4.
5.
It is requested that the sum of Rs………….may be received for the purpose
above mentioned.

FORM No.62
Rule 176-Prohibitory Order where the property consists of
money or of a security in the hands of the Court of Justice of
Officer of Government.
(Cause-title)
To
Sir,
The plaintiff having applied under O. XXI., R 52 of the Code of Civil
Procedure, for an attachment of certain money or property now in your hands
(here state how the money or property is supposed to be in the hands of the
person addressed, on the money or property is supported to be in the hands of
the person addressed, on what account etc., I) request that you will hold the said
money (or property) until the …………..day of ………….subject to the further
order of the Court.
(If the notice be addressed to a public officer continue.) and that if you have no
notice of any claim to interest in the said money (or property) other than that of
the above name C.D. you will bring the same into this Court to the Credit of the
above suit; or if you have any objection to so doing then you will inform me of
the grounds thereof.
I have honor to
be,…………………..
 206

Sir,…………………
(Signed)…………………….. Your must obedient
servant;………
Dated the …………day of ……….19
Judge……………………

FORM No. 63
Rule 177-Order of attachment of a decree when both decrees are in the
same Court
(Cause-Title)
It is ordered that A.B., the plaintiff, shall be at liberty at any time before
the…………..day of …………………to apply to this Court for execution of the
decree of …………………this Court dated the ……………day of and made in
Original Suit No……………of ………………..where in C.D. the above named
defendant, was plaintiff, and E.F was defendant; and that any monies realised in
execution shall be applied in satisfaction of the decree made in this suit and
dated the ………………day of …………..

FORM No.64
Rule 117-Attachment of a decree of another court
(Cause-title)
to
Judge of the Court of ……………..
Sir,
The plaintiff having applied under O,XXI, R.53 of the Code of Civil Procedure
of the attachment of a decree of your Court, dated the ………………..day of
…………..and made in Original Suit No…….of ………wherein the above
named C.D was plaintiff and E.F defendant. I request that you will abstain from
executing the said decree until this notice is cancelled by the Court.
I have
honour to be,…..
 207

Sir,………
Your must obedient
servant;……….
(Signed)……………
Dated the ……………..day of ………19…………..Judge,………….

FORM No.65
Rule 117-Notice permitting execution of attached decree
(Cause-title)
to
Judge of the Cosurt of
Sir,
The plaintiff having applied under Section 33,39,41 and O.XXI R.4 and 5 of the
Code of Civil Procedures and rule s177 of the Civil rules of Practice for the
transmission of the decree in the above suit dated the say of …….to your Court,
for execution and being desirous of applying to your Court for execution of the
decree of your Court, dated the …….day of …….and made in Original Suit
No………………of ………….; I enclose herewith the documents noted bellow
and hereby cancel the notice, dated the day of ………requesting you to abstain
from executing the said decree, so far as regards any application by the above
named plaintiff. (Conclude as in Form No.64).

FORM No.65
Rule 18 – Claim to attached property
(Cause-titile)
Execution-petition No.
Execution Application No.
Claim of E.F under O.XXI R.58 of the Code of Civil Procedure.
The above named E.F states as follows:-
1. Your petitioner is a landowner, and resides at……..l; and his address for
service of all notices and process is
 208
2. On the ………………..day of …….. the property set forth in the schedule
hereto was attached by the officer of the Court, under an order made in the
above suit and dated the ……..day of……..
3. By a deed of assignment, dated the …………..day of …………..and in
consideration of a sum of the Rs………………them paid by your petitioner to
him the above named C.D assigned to your petitioner all his interest in the said
property, and your petitioner is solely and absolutely entitled thereto.
4. Your petitioner has been in possession of the said property since the said
………..day of …………… and as received the rents and profits thereof for his
own use and benefit.
5. Your petitioner therefore prays;
(a) That the order therein dated the ……….day of ……….maybe set aside
and the said property released from attachment.
(b) That the sale of the said property may be postponed pending the hearing
of this petition.
(c) That A.B. the plaintiff may be ordered to pay the costs of this petition.
(d) For such other relief as to this Court may deem fit.
(Here enter verification as in form No.5)
(Signed)G.H. (Singned)E.F
Claimant:
Pleader for the claimant.

FORM No.67
Rule 185 – Application for sale of attached (immovable) property
(cause-title)
Execution Petition No.1
Execution Application No.2
A.B above named plaintiff, applied under O.XXIR.66 of the Code of Civil
Procedure as follows:-
1. That the (Immoveable)property described in the schedule to the above
execution petition, and attached by the officer of this Court on the …..day of
……..may be sold by the Nazir of this Court(or by G.H of address and
description) at (insert place of sale), by public auction on the day of.
 209
2. That the proclamation of sale herewith filed may be settled and approved by
the Court.
3. That the plaintiff may be given liberty to bid at such sale, at such price as
may be fixed by Court.
4. [If immovable property. That summons may issue to C.D., the defendant,
bring into court the documents in his possession or power relating to the said
immovable property;] if leave to bid is applied for, to file his objections, if
any to the particulars stated in the affidavit filed by the applicant for sale,
and to show cause why leave to bid at the sale should not be granted to the
plaintiff.
5. [If an auctioneer other than officer of Court is to be appointed. That the
remuneration of the said G.H ay be fixed at Rs…………………….. or at
Rs……………..percent on the net sal-proceeds of the property].

FORM No. 68
Rule 186- Affidavit verifying a proclamation of sale
(Cause-title, and formal parts as in form No. 14)
1. State the qualifications of the deponent, as thus; I have for years last post
carried on the business of an auctioneer
at…………………………………..and have had considerable experience
in selling land and house property {or in the case of movable property
state the nature of the property to be sold}…………………[or I have
for……………………year last past resided, and I own land in the
………………district and am well acquainted with the value of land and
houses therein, and the best mode of selling the same]
2. I am well acquainted with the property situate in the said district,
proposed to be sold in this suit(or, matter,) and described in the draft
proclamation of sale, now shown and read over to be and marked with the
letter” A”
3. On the …………………………day of ………………I went over to the
said property and made a careful survey thereof, for the purpose of
 210
forming an opinion as to he market value of and the best mode of selling
the same;
4. The said document marked ‘A’ sets forth a true and correct description of
the said property, to the best of my knowledge and belief and the mode in
which, in map opinion, it will be desirable to divide the same into lost for
the purposes of the said sale in order to sell the same to the best
advantage and to realize the best prices.
In my opinion the market value of the several lots and amounts which should be
fixed as the reserve biddings therefore respectively, are as set forth hereunder.

Marked value
Number of
lot Rs.AP

1. … .… … 2,000.00
2. … … … 1,300 00
3. … … … 100 00

5. In my opinion, the sale should be advertised by inserting notices thereof

in the following newspapers; - namely …………….and the sale should
be held at.
6. In the case of immovable property when the amount of the decree
exceeds Rs.100 or when the Court has ordered a search to be made-A
search has been made in the office of the Registrar of Assurances for
district [or sub-district] of ………….day of …………..and the following
documents were found to have been registered in respect of the property,
namely:-
Serial No. Reference Date Parties Description
to the of
Register documents
 211
7. The document now shown to me, and marked with the letter “c”, is the
certificate of said Registrar of the result of the said search.
8. To the best of my information and belief, the above named, C.D (the
judgment debtor) in solely and absolutely entitled to the said property and
no other person any other right to or, interest in the same [or, the said
property is subject to a mortgage dated………..day of ………executed by
the above named C.D (there judgment –debtor) in favour of E.F (address
and description) to secure a sum of Rs………and interest thereon at the
rate of Rs…………..for principal and interest. Subject thereto the said
C.D. is, to the best of my information and belief solely and absolutely
entitled to the said property and no other person has any right to or the
interest in the same, (or in case of limited interest, set out the precise
interest of the judgment-debtor in the property as thus. The interest of the
above named C.D (the judgment-debtor) is only that of possession and
enjoyment during her life, as Hindu widow of E.F deceased (or, the said
property is the ancestral property of the said C.D; which he holds jointly
with his two sons and it is intended to sell only his undivided one-third
share therein subject to all rights of maintenance, marriage allowance and
residence, if any)

FORM No. 69
Rule 196 – Proclamation of sale of moveable property
IN THE COURT OF THE DISTRICT MUNSIF OF
Original suit………….No………………….of ……..Execution Petition
No…………………

Between:
1. A.B. and … ....

2. C.D … … Plaintiffs

And
 212

1. E.F and … …

2. G.F. … … Defendants
 213
PROCLAMATION OF SALE
Where as by a decree made in the above suit, and dated the ……..day of
……….the above named defendants were ordered to pay the above named
plaintiffs the sum of Rs…………..and Rs…………. for costs of suit, making in
all the sum Rs………..together with interest thereon at the rate of
Rs………….percent, per annum from the said day until realization, and by an
order for sale, dated the ……….day of the movable property described in the
schedule hereto was ordered to be sold by me in satisfaction of the said decree.
And where as on the day of …………..(date fixed for sale) there will be due
there under the sum of Rs…………..for principal and interest

Notice is hereby given that the sale property will be sold by public auction at
noon on the said ……………………day of ………at [place of sale]

The interest of the above named defendants in the said property, and the claims
and liabilities attaching thereto are, so far as can be ascertained set out in the
said Schedule.

CONDITIONS OF SALE
1. The property is sold under the conditions prescribed by the Code of Civil
Procedure.
2. The decree-holders are(or are not) at liberty to bid.
3. The amount to be advanced at each bidding shall be stated by the
auctioneer before the sale is commenced.
4. In the eve of any dispute arising as to any bidding the lot shall at once be
put up again to auction.
5. Each purchaser shall pay the price of the lot purchased by him to the
auctioneer, immediately the same is knocked down to him,
6. No objection shall be taken by any purchaser that the property or the
interest of the defendant therein, has been incorrectly described or
misstated in this proclamation, or on the ground of any defect herein.
SCHEDULE
Number of Description of Interest of the Encumbrance
 214
lot property judgment debtor of claims

FORM No.70
Rule 196-Proclamation of sale of immoveable property
(Cause-title)
PROCLAMATION OF SALE
Where as by decree made in the above suit, and dated the ………..day of
……………; the abovenamed defendants were ordered to pay to the
abovenamed in all the sum of Rs………. and Rs………. for costs of suit,
making in all the sum of Rs…………….together with interest thereon at the rate
of Rs……..percent per annum from the said day until realization, qnd by an
order for sale dated the ……………day of ………….. the immoveable property
described in the schedule hereto was ordered to be sold by me in satisfaction of
the said decree. And whereas on the …………..day of (date fixed for sale) there
will be due therunder the sum of Rs…..for principal and interest.

[And where as by an order in the above suit and dated the ………..day of
………it was directed there the sale of the said property (or of lot
No………….) should be made subject to the right of XY of address and
description) who claim under mortgage, dated the …………….day of
…………….executed in favour of the said XY by ST, to secure the repayment
of a sum of Rs. X with interest thereon at the rate of Rs. Y percent per annum;
and registered, etc., to be entitled to payment of a sum of Rs………..with
interest from the ………..day of………………..].

And where it is represented by the decree-holder that the caused to be made in

the office of the Registrar of Assurances……………from the …………..day of
………….to the ………….day of…………..and that the documents registered
in respect of the several lots opposite to which the same are set out and that the
said lots are severally subject to the payment and claims set opposite thereto
respectively in the fifth column of the same schedule [and to the leases and
 215
agreements specified in the seventh column]. I hereby notify that I shall sell the
said property by public auction at (insert place of sale) [or at the several lots],
subjects to the conditions of sale hereunder, in the lots and at the times in the
same schedule specified. Copies of this proclamation may be had gratis, of A.B.
of (residence and description)

CONDITIONS FO SALE
1. The conditions prescribed by the Code of Civil Procedure shall apply to
the sale.
2. The highest bidder of each (lot) shall be the purchaser and if any dispute
arises at to any bidding, the lot shall be put up again. The decree holder
shall [or shall not] be at liberty to bid. No person shall advance a less sum
at each bidding than shall be named by the auctioneer on putting up the
lot and no bidding shall be retracted.
3. Each purchaser shall immediately after the sale to him pay to the
auctioneer 25 percent of the purchase-money, and shall pay the residue of
the purchase money to the auctioneer before……………p.m ion or before
the fifteenth day after the sale to him,
4. [The property (or lot No……………….in sold subject to the mortgage
date the ………..day of above referred to and to all claims and rights of
the said XY there under .]
5. The property is believed and shall be taken to be correctly described as to
quantity and otherwise, and any omission or misstatement in this
proclamation shall not annual the sale, or be a ground for any
compensation on either side.
6. Such of the documents of title in the possession of the decree-holder [or
now in Court] as relate exclusively to any lot will be delivered to the
purchaser of such lot, all other documents which relate exclusively to the
property sold will be delivered to the purchaser of lot No………….or
such other person as the Court may determine.
7. The certificate the Registrar of Assurances of the result of the above
search, a copy of the decree under which the property is sold and copies
of the lease and agreements referred to in column 7 of the schedules
 216
hereto may be inspected at the said court on any day before the sale
during office hours or at the office of the auctioneer at [address] on any
day before the sale between the hours of………….and ………and
whether the purchaser shall have inspected the same or not, he shall be
considered, by bidding at the sale, to have waived all objections
appearing on the face thereof.
The further hearing of the above suit adjourned to the ……………..day of such
day of ……….when the sale will come before the Court for confirmation. On
such day any purchaser make take any objection to the sale of which he shall
have given not less than five day’s previous notice in writing to the parties to
suit. Any objection not so made shall be considered, as waived, and if no
objection be so made, the title shall be considered as accepted, and the sale as
valid in all respects and in this respects and in this respect time shall be deemed
to the essence of the contract.

SCHEDULE
Day Number Description Interest revenue or rent Documents found Remarks
and of lot of property of the assessed on land registered
hour Judgment local taxes and Date and Short
of debtor rates payable reference description
sale to of the
register document
Amount Annual
now
due

N.B :- Insert village, areas, survey or municipal number. Given under my hand
and seal of this court, this…………………………day of …………………..

Judge.
 217

FORM No.71
Rule 200(2) – Report of the Nazir or other Auctioneer
1. A.B., of address and description) [if other than the Nazir sells], do
solemnly and sincerely affirm as follows:-
i. On the……………………….day of …………………I received from
the Court a certified copy of the order for sale made in above suit and
dated the day ………………………..of…………..and a copy of the
proclamation of sale.
ii. I caused the proclamation of sale to be published on the days and in
the manner following;-
Day of Manner of publication
publication
1. 1st March, 1. Fixing copy to the notice board of this Court.
1909 2. Fixing copy to the notice board of the office
2. of the Collector of at.
3. 3. Fixing copy to each of lots 1,2&3
4. 4. By beat of tom tom on each of lost 1,2&3
5. 5.By advertisement in the newspapers (Names)

iii. I put up the several lots for sale by auction at………..(or at the several
lots) at the several times knocked down the same to the several
purchasers, at the prices, and received the several sums hereunder
mentioned;
Number Date and Name, and address Sale Amount
of lots hour of and description of Price received
sale purchaser

iv. I adjourned the slae of lots Nos……….to the ………day of for the
reason that {set out the reason for the adjournment of the sale).
v. The following is a true account of the moneys received and payment
made by me in connection with the said sale;
 218

Date Receipts Rs. Date Payment Rs.A.P

A.P.
1. By sale of lot 1. Printing
No.1 – Deposit proclamation
Balance. 2. Cost of
2. By sale of lot advertisement in
No.2 – Deposit newspaper
Balance. 3. To peons
3. By Cash received for bearing tow
from the Court for tom (days)
expenses. 4. Carriage
hire (days)
5. Cost of
stamps for
poundage paid
into Court.

TOTAL
Solemnly affirmed by the
Above named A.B., this
Day of
Before me,
C.D., (Signed) A.B

(description)

FORM No.72
Rule 201 – Execution – Application by defendant under Order XXI, R.89
of the code
 219
Execution Petition No.2
Execution –Application No.1
C.D., the above named defendant, applies under Order XXI, R.89 of the Code of
Civil Procedure as follows;
1. That he having paid into Court the sum of Rs.X being five percent of the
purchase money of his property sold at the Court sale held on the
…………………Y, being the day of ………….and also the sum of
Rs……………..Y, being the amount specified in the proclamation of the sale,
the Court may order the said sale of …….to be entered up for the said sum of
Rs.Y…………….Notice of this application was given to the parties on the
………..day of ……..and to G.H., the Purchaser, on the ……..day of ………..

(Signed)L.M.
Pleader for C.D

FORM No.75
Rule 212-Civil Rules of Practice
(Cause-title)
Receiver’s statement of account to be filed under
S..No. Date Of whom received Credit amount Debt
or to whom paid amount

Balance from last account

Total…………………..
Balance…………………………….
 220
FORM No.74
Rule 213 and 214
(Cause-title)
Affidavit verifying Receiver’s account
I………….of…..the Receiver appointed in the above matter make oath (do
solemnly affirm) and says as follows:-

That the account hereunto annexed and marked “A’ contain a full and true
account of my receipts and payments in the above matter from the
day………….of……… 19………….to the day of
…………..19……………..inclusive and that I have not nor has any other
person by my order or for my use as such Receiver during such period, received
any moneys on account of the said matter neither have any moneys been to my
knowledge expended in the said matter during the said period(other than an
except) the items mentioned and specified in the said account.)
Sworn (or solemnly affirmed).
Note :- In the case of no receipts and payments the words within brackets
should be omitted. (P.Dis No.577,1944).
 221
FORM No.75
OF APPENDIX III-A
Of Part II, Volume II
(Rule 287, Part I, Volume I, Civil Rule of Practice.)
Security Bond to be given by a person appointed to the panel of Receivers when
the security offered in immoveable property.

Know all men by these presents that I/We…………….son

of…………………and …………..son of ………..are jointly and severally
bound unto the Judge of District Court of ………….in the sum of Rs. 2,000 to
be paid to the said Judge, his successors or assignees for which payment, well
and truly to be made I/We bind myself/ourselves my/our respective heirs,
executors, administrators and representatives jointly and severally firmly by
these presents, and I/we do as security for the said payment mortgage unto the
said Judge the immovable property set forth and described in the schedule
hereto of which I/we or A.B of us are possessed to which I am/ we are A.B of us
is solely entitled, and which is hereby declared to be free from any mortgage
and other encumbrance save the one created by these presents mortgage and
other encumbrance save the one created by these presents.

Whereas the above bounden………….was on the ……….day of

……..19……….appointed to the panel of Receivers of the District Court of
under ………..Chapter X of part I of Civil rules of Practice and Circular Orders,
Volume I, and whereas by virtue of such appointment he may from time to time
be appointed my the said District Court or any court subordinate thereto as
Receiver, Trustee, Manager or Guardian of an estate or as Commissioner to deal
with any property or a Liquidator of …………..any Company and where as by
virtue of such appointment or appointments, the said……………….has or will
have amongst other duties the care, charge, oversight of and responsibility for
the immovable property vested in him and also the care, charge end oversight of
the responsibility for the safe and proper strong the keeping in the place
appointed for the custody there of respectively of all moneys and other movable
properties received by him or entrusted to him.
 222

Now therefore the condition of the above bounden Bond is such that if the
said……..shall while he shall hold and /or execute the said office or offices to
which he may be appointed as aforesaid always perform and fulfill all and
every, the duties thereof and observe all and every the rules of the High Court
and the orders of Court that may be passed from time to time in respect of any
of the estates or properties of which he may be in charge, of the companies of
which he may be liquidator by virtue f his appointment to the said office or
offices and further if the said…………..do and shall indemnify and save
harmless the said individual estates and companies against all loss or damage
which during the time he…….has held and or executed the head office or
offices may happen to or be sustained by the said individual estates and
companies by, from or through his neglect failure, misconduct
misappropriation, disobedience, omission or insolvency, and against all claim,
demands and actions, which may be made against the said individual estates and
companies by reason of any of his acts of defaults during the time he shall hold
and/or execute the offices aforesaid then the above written bond shall be void,
otherwise if shall remain in full force and virtue.

Signed by the above named in the presence of this the ………….day of

….19…….
Signed and delivered this …day of ..19…….
 223
FORM No.76
OF APPENDIX III-A
Of Part II, Volume II
(Rule 287, Part I, Volume I, Civil Rule of Practice.)
Form of Bond to be given by a person appointed to the panel of Receivers when
the security offered is a fidelity bond;
Know all men by these presents that, I, (or we), and we.

Society Limited, carrying on business

in…………..at…………….through………….(and hereinafter called “Society)
are jointly and severally bound into the Judge of the District Court
or…………………in the sum of Rs.2,000 to be paid to the said Judge his
successors or assignees for which payment to be made, I [we bind myself/
yourself; my/our heirs, executors and administrators and representatives and
severally and we…………….the society for ourselves and our successors, and
assignees, do bind oblige ourselves, for the whole, unto the said Judge, his
successors, and assignees firmly by these presents;
Signed, sealed and delivered the…….day of ……..19……….. The rest of
the clauses shall be contained as in Form No. 75.

FORM No.77
OF APPENDIX III-A
Of Part II, Volume II
(Rule 287, Part I, Volume I, Civil Rule of Practice.)
Form of security bond to be given by a person appointed the panel of Receivers
when the security offered is one of the following ; - Cash, Government Security
or Fixed deposit or Cash Deposit in the Post Office, Savings Bank, Post Office
Cash Certificate, National Saving Certificate, Bonds of the Government of
Mysore, Travancore, Cochin or the United States of Travancore and Cochin,
Bonds or Debentures issued by the Local authorities in India as defined in
section 3(31) of General Clauses Act, (act X of 1897).

India as defined in Section 3(31) of General Clauses Act, A(ct X of 1897).

 224

Know all men by these present that I/We ……………..son of ………….and

………..son of ………..of are jointly and severally bound unto the Judge of the
District Court of ………….in the sum of Rs. 2,000 to be paid to the Judge, his
successors or assignee for which payment well and truly to be made, I/we bind
myself/ourselves; my/our respective heirs, executors administrative and
representatives jointly and severally firmly by these presents and I/we have
deposited into the said Court by way of security for the said paid payment the
sum of Rs 2,000 or assigned and transferred to the judge of the said Court by
way of security the Government security fixed deposit or cash deposit in the
Post Office Savings Bank, Post Cash Certificate, National Savings Certificate,
Bonds or Debentures issued by the Local Authorities in India as defined in
Section 3(31) of the General Clauses Act, (act X of 1897) set forth and
described in the schedule hereto of which I/we am / are solely entitled.

Signed the …….day of ……..19……….

The rest of the clauses shall be continued as in Form No. 75
(P. Dis.
No. 552/1945)

Form 77. Amended, vide (fort, St. George Gazette Part Ii Page 220, dated the
27th December, 1949.)
The Court of Andhra Pradesh
Hyderabad 5-9-1983.