CPC One Liner Notes

THE CODE OF CIVIL PROCEDURE, 1908
The Act is called as	THE CODE OF CIVIL PROCEDURE, 1908
The Code Of Civil Procedure, 1908 came into force on	1st day of January, 1909.
C.P.C extends to	whole of India except— the State of Nagaland and the tribal areas. Provided that the State Government may, by notification in the Official Gazette, extend the provisions of this Code
Definitions in C.P.C. are provided in:	Section 2
Decree is defined in	Section 2(2)
Decree includes	the rejection of a plaint and the determination of any question within section 144
Decree shall not include	(a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default.
Foreign Court is given in	Section 2(5)
The definition of judge is given in	Section 2 (8)
The definition of judgement is given in	Section 2 (9)
“judgment” means	the statement given by the Judge of the grounds of a decree or order
“judgement-debtor’ is given in	Section 2 (10)
“judgment-debtor” means	any person against whom · a decree has been passed or · an order capable of execution has been made;
Legal representative is given in	Section 2 (11)
Mense profits is given in	Section 2 (12)
“mesne profits” of property	those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits.
Mense profits does NOT include	profits due to improvements made by the person in wrongful possession
Movable property is given in	Section 2 (13)
“movable property”	INCLUDES growing crops
“order” is given in	Section 2 (14)
“order” means	the formal expression of any decision of a Civil Court which is not a decree
“pleader” is given in	Section 2 (15)
“pleader” means	any person entitled to appear and plead for another in Court
“pleader” includes	an advocate, a vakil and an attorney of a High Court
“prescribed” means	Prescribed by rules
“rules’ are given in	Section 2(18)
“rules” means	rules and forms contained in the First Schedule or made under section 122 or section 125;
Subordination of courts is given in	Section 3 of the CPC
Section 5 of the CPC provides for	Application of the Code to Revenue Courts
Section 6 of the CPC provides for	Pecuniary Jurisdiction
Provincial Small Cause Courts	Is given in Section 7
Presidency Small Cause Courts is given in	Section 8
Section 9 provides for	Courts to try all civil suits unless barred
The Courts shall have jurisdiction to try all suits of a civil nature	excepting suits of which their cognizance is either expressly or impliedly barred.
A suit in which the right to property or to an office is contested	is a suit of a civil nature notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
Stay of suit is given in	Section 10 of the Code
No Court shall proceed with the trial of any suit in which	· the matter in issue is also directly and substantially in issue in a previously instituted suit · between the same parties, or between parties under whom they or any of them claim litigating · under the same title where such suit is pending in the same or any other Court in [India] have jurisdiction to grant the relief claimed, or in any Court beyond the limits of [India] established or continued by [the Central Government and having like jurisdiction, or before [the Supreme Court].
Section 10 specifies that the pendency of a suit in a foreign Court	does not preclude the Courts in [India] from trying a suit founded on the same cause of action.
Section 11 of the Civil Procedure Code talks about	Res judicata
No Court shall try any suit or issue in which	the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Explanation I talks about the expression “former suit” shall	denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto.
Explanation II provides that the competence of a Court	SHALL be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III refers that the matter above referred to must in the former suit	have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.
Explanation IV provides that any matter which might and ought to have been made ground of defence or attack in such former suit	shall be deemed to have been a matter directly and substantially in issue in such suit.
Explanation V talks about that any relief claimed in the plaint,	which is not expressly granted by the decree, be deemed to have been refused.
Explanation VI provides that where persons litigate bona fide in respect of § a public right or § of a private right claimed in common for themselves and others	all persons interested in such right shall, be deemed to claim under the persons so litigating.
Explanation VII of the Act was added by	Amendment w.e.f 1-02-1977
Explanation VII provides that the provisions of the section shall apply to a proceeding for the execution of a decree and references in this section to any suit,	issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree
Explanation VIII deals with an issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue,	shall operate as res judicata in a subsequent suit. notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised.
Section 12 talks about	Bar to further suit
Section 13 talks about the cases where	Foreign judgement will be inconclusive
A foreign judgement shall not be conclusive where	(a) it has not been pronounced by a Court of competent jurisdiction; (b) it has not been given on the merits of the case; (c) it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable; (d) the proceedings in which the judgment was obtained are opposed to natural justice; (e) it has been obtained by fraud; (f) it sustains a claim founded on a breach of any law in force in India.
Section 14 deals with	The presumption in case of foreign judgements
The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment,	that such judgment was pronounced by a Court of competent jurisdiction, The presumption may be displaced by proving want of jurisdiction.
Section 15 talks about	The Court in which suit is to be instituted
Every suit shall be instituted in	the Court of the lowest grade competent to try it.
Section 16 talks about	The suits to be instituted where subject-matter situate
the suits shall be instituted in the Court within the local limits of whose jurisdiction the property is situate	Subject to the pecuniary or other limitations prescribed by any law.
Section 17 talks about	The suits for immovable property situate within jurisdiction of different Courts.
The suits for immovable property situate within jurisdiction of different Courts	may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate
Section 18 talks about	The place of Institution of suit where local limits of jurisdiction of Courts are uncertain.
Section 19 deals with	Suits for compensation for § wrongs to person or § movables.
Section 20 deals with:	Other suits to be instituted where defendants reside or cause of action arises.
Every suit shall be instituted in a Court within the local limits of whose jurisdiction	(a) the defendant, or each of the § actually and voluntarily resides, or § carries on business, or § personally works for gain; or (b) any of the defendants, where there are more than one, § actually and voluntarily resides, or § carries on business, or § personally works for gain, (c) The cause of action, wholly or in part, arises.
Section 21 deals with the	Objections to jurisdiction
The power to transfer suits which may be instituted in more than one Court.	Is given in section 22
The defendant, may, § where issues are settled at or § before such settlement,	apply to have the suit transferred to another Court.
Where the several Courts having jurisdiction are subordinate to the same Appellate Court,	an application under section 22 shall be made to the Appellate Court.
Where such Courts are subordinate to different Appellate Courts but to the same High Court,	the application shall be made to the said High Court.
Where such Courts are subordinate to different High Courts,	the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
Section 24 talks about the	General power of transfer and withdrawal
Section 25 talks about the	Power of the Supreme Court to transfer cases
Institution of suits is given in	Section 26
Every suit shall be instituted	§ by the presentation of a plaint or § in such other manner as may be prescribed.
In every plaint,	facts shall be proved by affidavit
Section 27 talks about	Summons to defendants
Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim	not beyond thirty days from date of the institution of the suit.
Service of summons where defendant resides in another State.	Is given in Section 28
Section 29 deals with	Service of foreign summonses
Power to order discovery and the like	Is given in Section 30
Section 31 talks about	Summons to witness
Section 33 deals with	Judgment and decree
The Court, after the case has been heard,	shall pronounce judgment, and on such judgment a decree shall follow.
Interest given in	Section 34
Rate of interest	Not exceed 6% per annum
Section 35	Deals with costs
Section 35A deals with	Compensatory costs in respect of false or vexatious claims or defences
Section 35A was inserted by	Act 9 of 1922
No Court shall make any such order for the payment	of an amount exceeding three thousand rupees or exceeding the limits of its pecuniary jurisdiction, whichever amount is less
Section 35B-	Costs for causing delay
On any date fixed for the hearing of a suit or for taking any step therein, a party to the suit—	a) fails to take the step which he was required by or under this Code to take on that date, or b) obtains an adjournment for taking such step or for producing evidence or on any other ground, the Court may make an order requiring such party to pay to the other party such costs
Section 35 B came into effect on	1-2-1977
Section 36 deals with	Application to orders
The provisions of this Code relating to the execution of decrees shall,	be deemed to apply to the execution of orders.
Section 37 deals with	Definition of Court which passed a decree
The expression “Court which passed a decree,”, be deemed to include	(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and (b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit
Section 38 deals with	Court by which decree may be executed.
A decree may be executed either by	the Court which passed it, or the Court to which it is sent for execution.
Transfer of decree.	Is given in section 39
The Court which passed a decree may, on the application of the decreeholder, send it for execution to another Court of competent jurisdiction	(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or (b) if such person has not property within the local limits of the jurisdiction of the Court has property within the local limits of the jurisdiction of such other Court, or (c) if the decree directs the sale or delivery of (immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or (d) if the Court which passed the decree which it shall record in writing, that the decree should be executed by such other Court.
The Court which passed a decree may of its own motion send it for execution	to any subordinate Court of competent jurisdiction.
The transfer of decree to Court in another State	Is given in Section 40.
Section 41 deals with	The Result of execution proceedings to be certified.
The powers of Court in executing transferred decree	Is given in Section 42
The Court executing a decree sent to it	SHALL have the same powers in executing such decree as if it had been passed by itself.
The execution of decrees passed by Civil Courts in places to which this Code does not extend	Is given in Section 43
The execution of decrees passed by Revenue Courts in places to which this Code does not extend.	Is given in Section 44
Section 44A talks about	Execution of decrees passed by Courts in reciprocating territory
Where a certified copy of a decree of any of the superior Courts of any reciprocating territory has been filed in a District Court	the decree may be executed in India as if it had been passed by the District Court.
“Reciprocating territory” means	any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory.
“Decree” with reference to a superior Court means	any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment.
Execution of decrees outside India	Is given in Section 45
Precepts are given in	Section 46
Upon the application of the decree-holder the Court which passed the decree may,	issue a precept to any other Court which would be competent to execute such decree to § attach any property belonging to the judgment-debtor and § specified in the precept.
No attachment under a precept	shall continue for more than two months
The questions to be determined by the Court executing decree.	Is given in Section 47
All questions arising between the parties to the suit § in which the decree was passed, or their representatives, and relating to the § execution, § discharge or § satisfaction of the decree,	shall be determined by the Court executing the decree and not by a separate suit.
Where a question arises as to whether any person is or is not the representative of a party,	such question shall, be determined by the Court.
Section 49 deals with	transferee
Every transferee of a decree shall hold the same subject to the equities (if any)	which the judgment-debtor might have enforced against the original decree-holder.
Legal representative is given in	Section 50
Where a judgment-debtor dies before the decree has been fully satisfied,	the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.
Section 51 deals with	The powers of Court to enforce execution
The Court may, on the application of the decree-holder, order execution of the decree-	§ by delivery of any property specifically decreed; § by attachment and sale or by the sale without attachment of any property; § by arrest and detention in prison § by appointing a receiver; or § in such other manner as the nature of the relief granted may require
The enforcement of decree against legal representative.	Is given in Section 52
legal representative of a deceased person, when the decree is for the payment of money out of the property of the deceased	may be executed by the attachment and sale of any such property
Under Section 53	Liability of ancestral property is given
The purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed,	SHALL be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.
Section 54 deals with	The partition of estate or separation of share.
Where the decree is for the partition of an undivided estate, or for the separate possession of a share of such an estate,	the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector
Section 55 talks about	Arrest and detention
A judgment-debtor may be arrested in execution of a decree at any hour and on any day,	§ be brought before the Court, and his detention may be in the civil prison § no dwelling-house shall be entered after sunset and before sunrise § no outer door of a dwelling-house shall be broken open unless such dwelling house is in the occupancy of the judgment-debtor § if the room is in occupancy of a woman she would be given time to withdraw. § a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.
The prohibition of arrest or detention of women in execution of decree for money	Is given in Section 56
Subsistence-allowance is given in	Section 57
The State Government may fix scales,	of monthly allowances payable for the subsistence of judgment-debtors.
Detention and release	Is given in Section 58
Every person detained in the civil prison in execution of a decree shall be so detained,—	§ where the decree is for the payment of a sum of money exceeding five thousand rupees, for a period not exceeding three months, and, § where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks. NO ORDER for detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, when total amount of the decree does not exceed two thousand rupees.
Section 59 deals with	Release on the ground of illness
A judgment-debtor has been committed to the civil prison, he may be released therefrom—	by the State Government, on the ground of the existence of any infectious or contagious disease, or by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness
Section 60 deals with	Property liable to attachment and sale in execution of decree.
The following property is NOT liable to attachment and sale	salary to the extent of the first one thousand rupees] and two third of the remainder] in execution of any decree other than a decree for maintenance
The following particulars shall NOT be entitled to be attached	one-third of the salary in execution of any decree for maintenance
Partial exemption of agricultural produce	Is given in Section 61
The State Government may, by general or special order published in the Official Gazette,	declare that such portion of agricultural produce, be exempted from liability to attachment or sale in execution of a decree.
Section 62 deals with	The seizure of property in dwelling-house
Property attached in execution of decrees of several Courts.	Is given in Section 63
Section 64 deals with	The private alienation of property after attachment to be void.
For the purpose of Section 64,	The claims enforceable under an attachment include claims for the rateable distribution of assets.
Section 65 talks about	The purchaser’s title
Section 67 deals with	The power for State Government to make rules as to sales of land in execution of decrees for payment of money.
The proceeds of execution-sale to be rateably distributed among decree-holders.	Are given in Section 73
Nothing in Section 73 affects the	Rights of any Government
Section 74 deals with the	Resistance to execution
Under Section 74, if there is resistance to execution	the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor to be detained in the civil prison for upto thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.
The power of Court to issue commissions	Is given in Section 75
The Court may issue a commission—	§ to examine any person; § to make a local investigation; § to examine or adjust accounts; or § to make a partition; § to hold a scientific, technical, or expert investigation; § to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit; § to perform any ministerial act.
The commission to another Court	Is given in Section 76
The letter of request is given in	Section 77
In lieu of issuing a commission	the Court may issue a letter of request to examine a witness residing at any place not within India.
Section 78 deals with	Commissions issued by foreign Courts
The execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of	§ Courts situate in any part of India to which the provisions of this Code do not extend; or § Courts established or continued by the authority of the Central Government outside India; or § Courts of any State or country outside India
The Suits by or against Government	Is given in Section 79
In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be—	in the case of a suit by or against the Central Government, the Union of India, and in the case of a suit by or against a State Government, the State.
Section 80 deals with	Notice
NO SUITS SHALL BE INSTITUTED § against the Government (including the Government of the State of Jammu and Kashmir)] or § against a public officer in respect of any act purporting to be done by such public officer in his official capacity	until the expiration of two months next after notice in writing.
in the case of a suit against the Central Government,	a Secretary to that Government
in the case of a suit against the Central Government where it relates to railway,	the General Manager of that railway;
in the case of a suit against the Government of the State of Jammu and Kashmir,	the Chief Secretary to that Government or any other officer authorized by that Government in this behalf;
in the case of a suit against [any other State Government],	a Secretary to that Government or the Collector of the district;
No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity	shall be dismissed merely by reason of any error or defect in the notice, if in such notice
The exemption from arrest and personal appearance	Is given under Section 81
In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity—	(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and, (b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.
Execution of decree	Is given in Section 82
Execution shall NOT be issued on any such decree unless it remains unsatisfied	for the period of three months computed from the date of such decree.
Section 83 talks about	When aliens may sue
§ Alien enemies residing in India with the permission of the Central Government, and § alien friends,	may sue in any Court otherwise competent to try the suit, as if they were citizens of India
Alien enemies residing in India without such permission, or Alien enemies residing in a foreign country,	SHALL NOT sue in any such Court.
Every person residing in a foreign country, the Government of which is at war with India and carrying on business in that country without a licence in that behalf granted by the Central Government,	be deemed to be an alien enemy residing in a foreign country.
Section 84 deals with	When foreign States may sue.
A foreign State may sue in any competent Court:	When the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity.
Persons specially appointed by Government to prosecute or defend on behalf of foreign Ruler	Is given in Section 85
The Central Government may, at the request § of the Ruler of a foreign State or § of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order,	appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom § appearances, § acts and § applications under this Code may be made or done on behalf of such Ruler.
A person appointed under this section may authorise or appoint any other persons	to make appearances and applications and do acts in any such suit or suits as if he were himself a party
Suits against foreign Rulers, Ambassadors and Envoys is given in	Section 86
No. foreign State may be sued in any Court otherwise competent to try the suit EXCEPT	with the consent of the Central Government certified in writing by a Secretary to that Government
The style of foreign Rulers as parties to suits	Is given in Section 87
Section 87 A deals with	The definitions of “Foreign State” and “Rulers”
“foreign State” means;	any State outside India which has been recognised by the Central Government
“Ruler”, in relation to a foreign State	means the person who is for the time being recognized by the Central Government to be the head of that State.
Applications of sections 85 and 86 to Rulers of former Indian States	Is given under Section 87B
Where interpleader suit may be instituted.	Is given in Section 88
Where two or more persons claim adversely to one another the same debts, § sum of money or § other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant,	such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself.
Where any suit is pending in which the rights of all parties can properly be decided,	no such suit of interpleader shall be instituted
The settlement of disputes outside the Court	Is given in Section 89
Section 89 was amended by	Act 54 of 1972 (w.e.f. 9-9-1972).
Under Section 89 the Court may formulate the terms of a possible settlement and refer the same for	(a) arbitration; (b) conciliation; (c) judicial settlement including settlement through Lok Adalat; or (d) mediation
For arbitration or conciliation,	the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996)
Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of	Sub- section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987)
For judicial settlement	the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act
For mediation	the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.
Section 90 deals with	The power to state case for opinion of Court
Section 91 deals with	Public nuisances and other wrongful acts affecting the public
In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted	(a) by the Advocate-General, or (b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.
Public charities is given in	Section 92
In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust,	the Advocate-General, or two or more persons having an interest in the trust and having obtained the leave of the Court, may institute a suit
The Court may alter the original purposes of an express or constructive trust created for public purposes of a charitable or religious nature and allow the property or income of such trust or any portion	thereof to be applied cypres.
The exercise of powers of Advocate-General outside presidency-towns	Is given in Section 93
Supplemental proceedings.	Is given in section 94
In order to prevent the ends of justice from being defeated the Court may,	(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, (b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; (c) grant a temporary injunction and (d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property; (e) make such other interlocutory orders as may appear to the Court to be just and convenient.
The compensation for obtaining arrest, attachment or injunction on insufficient grounds.	Is given in Section 95
Section 96 deals with	Appeal from original decree
an appeal shall lie from every decree passed by any Court exercising original jurisdiction	the Court authorized to hear appeals from the decisions of such Court
An appeal may lie from	an original decree passed ex parte.
No appeal shall lie from a decree passed by the Court	with the consent of parties.
No appeal shall lie, except on a question of law,	from a decree in any suit of the nature cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.
The Appeal from final decree where no appeal from preliminary decree	Is given in Section 97
Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree	he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.
The decision where appeal heard by two or more Judges	Is given in Section 98
Nothing in section 98 shall be deemed to alter or otherwise	affect any provision of the letters to patent of any High Court
No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction	Is given in Section 99
nothing in Section 99	shall apply to non-joinder of a necessary party
Section 99A deals with that	No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.
Section 100 talks about	Second appeal
An appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court,	if the High Court is satisfied that the case involves a substantial question of law.
An appeal may lie under section 100	from an appellate decree passed ex parte
In an appeal under section 100,	the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
Section 100A deals with	No further appeal in certain cases
No further appeal shall lie	from the judgment and decree of such Single Judge.
The Second appeal on no other grounds	Is given in Section 101
No second appeal shall lie	except on the ground mentioned in section 100
Section 102 deals with	No second appeal in certain cases
No second appeal shall lie from any decree,	when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.
The power of High Court to determine issue of fact	Is given in Section 103
In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,—	(a) which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or (b) which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in section 100.
Orders from which appeal lies is given in	Section 104
An appeal shall lie from the following orders, and, from no other orders:	a. an order under section 35A; b. an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be; c. an order under section 95; d. an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree; e. any order made under rules from which an appeal is expressly allowed by rules:
Section 105 deals with	Other orders
NO APPEAL shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction;	but where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal.
What Courts to hear appeals.	Is given in Section 106
Where an appeal from any order is allowed it SHALL	§ lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or § where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, § then to the High Court.
The powers of Appellate Court	Is given in section 107
An Appellate Court shall have power—	(a) to determine a case finally; (b) to remand a case; (c) to frame issues and refer them for trial; (d) to take additional evidence or to require such evidence to be taken.
The Appellate Court shall have the same powers and shall perform & the same duties	as are conferred and imposed by this Code on Courts of original jurisdiction.
The procedure in appeals from appellate decrees and orders	Is given in Section 108
The provisions of this Part relating to appeals from original decrees shall, apply to appeals—	(a) from appellate decrees, and (b) from orders made under this Code or under any special or local law in which a different procedure is not provided.
When appeals lie to the Supreme Court	Is given in Section 109
Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, be made by the Supreme Court regarding appeals from the Courts of India,	an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies i. that the case involves a substantial question of law of general importance; and ii. that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
Savings provisions are given in	Section 112
Nothing contained in this Code shall be deemed—	a. to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution; or b. to interfere with any rules made by the Supreme Court, and for the time being in force for the presentation of appeals to that Court, or their conduct before that Court. Nothing herein contained applies to any § matter of criminal or admiralty or vice-admiralty jurisdiction or § to appeals from orders and decrees of Prize Courts.
Reference to High Court is given in	Section 113
Subject to such conditions and limitations as may be prescribed,	ANY Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit.
Review is given in	Section 114
Subject as aforesaid, any person considering himself aggrieved— (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred. (b) by a decree or order from which no appeal is allowed by this Code, or (c) by a decision on a reference from a Court of Small Causes	may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit
Section 115 deals with the provision of	Revision
The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears—	(a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit.
The part to apply only to certain High Courts [not being the court of a Judicial Commissioner]	Is given in Section 116
The application of Code to High Courts.	Is given in Section 117
The execution of decree before ascertainment of costs	Is given in Section118
Section 119 deals with	Unauthorized persons not to address Court.
Section 120 deals with	The provisions not applicable to High Court in original civil jurisdiction
Sections 16, 17 and 20	shall NOT apply to the High Court in the exercise of its original civil jurisdiction.
Section 121 deals with	The effect of rules in First Schedule
Power of certain High Courts to make rules.	Is given in Section 122
The High Courts not being the Court of a Judicial Commissioner	MAY, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.
Section 123 deals with	The Constitution of Rules Committees in certain States.
The committee to report to High Court	Is given in Section 124
Section 125 talks about the	Committee to report to High Court
Section 126 deals with	The rules to be subject to approval.
The publication of rules	Is given in Section 127
Section 128 deals with	The matters for which rules may provide
The power of High Courts to make rules as to their original Civil procedure is given in	Section 129
Section 130 deals with	The powers of other High Courts to make rules as to matters other than procedure under article 227 of the Constitution make with respect to any such matter for any part of the territories under its jurisdiction which is not included within the limits of a presidency town
Section 131 deals with	The publication of rules.
Section 132 deals with	The exemption of certain women from personal appearance
Nothing herein contained shall be deemed to exempt	such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code.
Exemption of other persons	Is given in Section 133
The following persons shall be entitled to exemption from personal appearance in Court, namely:—	i. the President of India; ii. the Vice-President of India; iii. the Speaker of the House of the People; iv. the Ministers of the Union; v. the Judges of the Supreme Court; vi. the Governors of States and the administrators of Union territories; vii. the Speakers of the State Legislative Assemblies; viii. the Chairman of the State Legislative Councils; ix. the Ministers of States; x. the Judges of the High Courts; and xi. the persons to whom section 87B applies.
Section 134 deals with	the arrest other than in execution of decree
The provisions of sections 55, 57 and 59 shall apply,	to all persons arrested under this Code.
Section 135 deals with	The exemption from arrest under civil process
No Judge, Magistrate or other judicial officer shall be	liable to arrest under civil process while § going to, § presiding in, or § returning from, his Court.
Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto,	§ their pleaders, § mukhtars, § revenue-agents and § recognized agents, and § their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.
The exemption of members of legislative bodies from arrest and detention under civil process	Is given in Section 135A
The exemption of members of legislative bodies from arrest and detention under civil process	during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or, Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference
The procedure where person to be arrested or property to be attached is outside district.	Is given in Section 136
Section 137 is given in	The language of subordinate Courts.
The language of any Court subordinate to a High Court	shall continue to be the language of such subordinate Court until the State Government otherwise directs.
Section 138 gives	The power of High Court to require evidence to be recorded in English
The High Court may, by notification in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein,	that evidence in cases in which an appeal is allowed shall be taken down by him in the English language.
The oath on affidavit by whom to be administered.	In Section 139
In the case of any affidavit under this Code	(a) any Court or Magistrate, or (b) any notary appointed under the Notaries Act, 1952 (53 of 1952); (c) any officer or other person whom a High Court may appoint in this behalf, or (d) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, may administer the oath to the deponent.
Assessors in causes of salvage, etc. is given in	Section 140
Section 141 deals with	Miscellaneous proceedings
the expression “proceedings”	includes proceedings under Order IX, but does not include any proceedings under Article 226 of the Constitution.
Section 142 deals with	Orders and notices to be in writing.
Postage is given in	Section 143
Section 144 deals with	Application for restitution
The enforcement of liability of surety is given in	Section 145
Section 146 deals with	Proceedings by or against representatives
The consent or agreement by persons under disability	Is given in Section 147
Enlargement of time is given in	Section 148
the Court may, in its discretion, from time to time, enlarge such period,	not exceeding thirty days in total even though the period originally fixed or granted may have expired.
Right to lodge a caveat.	Is given in Section 148A
such caveat shall not remain in force	after the expiry of ninety days from the date on which it was lodged
The power to make up deficiency of court-fees	Is given in Section 149
The transfer of business is given in	Section 150
Section 151 gives	Saving of inherent powers of Court
The amendment of § judgments, § decrees or § orders	Is given in Section 152
§ Clerical or § arithmetical mistakes in judgments, decrees or orders or § errors arising therein from any accidental slip or omission	may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
The general power to amend.	Is given in Section 153
The Court may at any time, and on such terms as to costs or otherwise as it may think fit,	AMEND any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.
Power to amend decree or order where appeal is summarily dismissed	Is given in Section 153A
Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152,	the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance
The place of trial to be deemed to be open Court	Is given in Section 153B
The place in which any Civil Court is held for the purpose of trying any suit	shall be deemed to be an open Court
The continuance of orders under repealed enactments.	Is given in Section 157
Reference to Code of Civil Procedure and other repealed enactments.	Is given in Section 158
The First Schedule	that contains 51 Orders and Rules.
ORDER I deals with	Parties to Suits
Order I rule 1 talks about	Who may be joined as plaintiffs
All persons may be joined in one suit as plaintiffs where—	(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, § whether jointly, § severally or § in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise.
Order I rule 2 deals with	Power of Court to order separate trial.
Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit,	the Court may put the plaintiffs to the election or order separate trials or make such other order as may be expedient
Order I rule 3	Who may be joined as defendants
All persons may be joined in one suit as defendants where—	(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, § whether jointly, § severally or § in the alternative; and (b) if separate suits were brought against such persons, any common question of law or fact would arise.
Order I rule 3A.	Power to order separate trials where joinder of defendants may embarrass or delay trial
Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit,	the Court may order separate trials or make such other order as may be expedient in the interests of justice.
Order I Rule 4	Court may give judgment for or against one or more of joint parties
Judgment may be given without any amendment —	(a) for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to; (b) against such one or more of the defendants as may be found to be liable, according to their respective liabilities.
Order I rule 5	Defendant need not be interested in all the relief claimed.
Order I rule 8	One person may sue or defend on behalf of all in same interest
Where there are numerous persons having the same interest in one suit,—	(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, (b) the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested.
The Court shall, at the plaintiff's expense, give notice of the institution of the suit to all persons so interested	§ either by personal service, or, § where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the Court in each case may direct.
A decree passed in a suit under this rule	shall be binding on all persons on whose behalf, or for whose benefit, the suit is instituted, or defended.
Order I Rule 9 deals with	Misjoinder and non-joinder.
No suit shall be defeated by reason of § the misjoinder or § non-joinder of parties, and	the Court MAY in every suit deal with the matter in controversy the rights and interests of the parties actually before it.
Order I rule 9 does NOT apply to	non-joinder of a necessary party
Order I rule 10 deals with	Suit in name of wrong plaintiff.
Suit in name of wrong plaintiff	The Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff.
NO PERSON shall be added as a plaintiff suing	§ without a next friend or § as the next friend of a plaintiff under any disability without his consent.
Where a defendant is added, the plaint shall, be amended in such manner as may be necessary, and	amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant
Subject to the provisions of the Indian Limitation Act, 1877 (XV of 1877), section 22,	the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.
Order 1 Rule 13	Objections as to non-joinder or misjoinder.
ORDER II	Frame of suit
Order II Rule 1	Frame of suit
Every suit shall be framed	so as to afford ground for § final decision upon the subjects in dispute and § to prevent further litigation concerning them.
Order II Rule 2	Deals with Suit to include the whole claim
Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action;	but a plaintiff § may relinquish and § portion of his claim in order to bring the suit within the jurisdiction of any Court.
Where a plaintiff § omits to sue in respect of, or § intentionally relinquishes, any portion of his claim	he shall not afterwards sue in respect of the portion so omitted or relinquished.
A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs;	but if he omits, except with the leave of the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted.
an obligation and a collateral security for its performance and successive claims arising under the same obligation	SHALL be deemed respectively to constitute but one cause of action.
Order II Rule 3	Joinder of causes of action
Joinder of causes of action	§ a plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and § any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit.
Order II Rule 4	Only certain claims to be joined for recovery of immovable property
No cause of action shall, unless with the leave of the Court, be joined with a suit for the recovery of immovable property,	EXCEPT— (a) claims for mesne profits or arrears of rent in respect of the property claimed or any part thereof; (b) claims for damages for breach of any contract under which the property or any part thereof is held; and (c) claims in which the relief sought is based on the same cause of action:
Order II Rule 6	Power of Court to order separate trials.
Where it appears to the Court that the joinder of causes of action in one suit § may embarrass or § delay the trial or is otherwise inconvenient,	the Court may § order separate trials or § make such other order as may be expedient in the interests of justice.
Order II Rule 7 talks about	Objections as to misjoinder
All objections on the ground of misjoinder of causes of action shall be taken at the earliest possible opportunity and,	in all cases where issues are settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived.
ORDER III	Recognized Agents and Pleaders
Order III rule 2 deals with	Appearances, etc., may be in person, by recognized agent or by pleader
Order III rule 2 deals with	Recognised agents
The recognised agents of parties by whom such § appearances, § applications and § acts may be made or done are—	(a) persons holding powers-of-attorney, authorising them to make and do such appearances, applications and acts on behalf of such parties; (b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorised to make and do such appearances, applications and acts.
Order III rule 4	Appointment of pleader
ORDER IV deals with	Institution of suits
Order IV rule 1 deals with	Suit to be commenced by plaint.
Every suit shall be instituted	by presenting plaint in duplicate to the Court or such officer as it appoints in this behalf.
Every plaint SHALL comply with the rules	contained in Orders VI and VII
Order IV rule 2	Register of suits
ORDER V	Issue and service of summons
Order V Rule 1	Summons
When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant:	Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, which shall not be later than one hundred twenty days from the date of service of summons
A defendant to whom a summons has been issued under sub-rule (1) may appear	(a) in person, or (b) by a pleader duly instructed and able to answer all material questions relating to the suit, or (c) by a pleader accompanied by some person able to answer all such questions.
Every such summons shall be	signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court.
Order V Rule 2.	Copy of plaint annexed to summons.
No party shall be ordered to appear in person unless he resides—	(a) within the local limits of the Court’s ordinary original jurisdiction, or (b) without such limits but at place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than two hundred miles distance from the court-house.
Order V Rule 5	Summons to be either to settle issues or for final disposal
in every suit heard by a Court of Small Causes,	the summons shall be for the final disposal of the suit.
Order V Rule 8	On issue of summons for final disposal, defendant to be directed to produce his witnesses
Order V Rule 9	Delivery of summons by Court. The High Court or the District Judge, as the case may be, shall prepare a panel of courier agencies.
Order V Rule 9A	Summons given to the plaintiff for service
Order V Rule 11.	Service on several defendants
Order V Rule 15	Where service may be on an adult member of defendant's family
service may be made on any adult member of the family	whether male or female, who is residing with him. A servant is NOT a member of the family within the meaning of this rule.
Order V rule 20	Substituted service
A summons may be sent by the Court by which it is issued, whether within or without the State	§ either by one of its officers or § by post or § by such courier service as may be approved by the High Court, by fax message or § by Electronic Mail service or § by any other means as may be provided by the rules made by the High Court
Order V rule 24	Service on defendant in prison.
Order V rule 27	Service on civil public officer or on servant of railway company or local authority.
Order V rule 30	Substitution of letter for summons.
ORDER VI	Pleadings generally
ORDER VI Rule 1	Pleading.— “Pleading” SHALL mean plaint or written statement
ORDER VI Rule 2	Pleading to state material facts and NOT evidence
Every pleading shall contain a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, but not the evidence by which they are to be proved.	Every pleading shall, be divided into paragraphs, numbered consecutively, each allegation being contained in a separate paragraph. DATES, SUMS AND NUMBERS shall be expressed in a pleading in figures as well as in words.
ORDER VI Rule 3	Forms of pleading
The forms in Appendix A when applicable,	and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings.
Order VI Rule 4	Particulars to be given where necessary
In all cases in which the party pleading relies	on § any misrepresentation, § fraud, § breach of trust, § wilful default, or § undue influence, and § in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading
Order VI Rule 6	Condition precedent
Any condition precedent, the performance or occurrence of which is intended to be contested,	shall be distinctly specified in his pleading by the plaintiff or defendant, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.
Order VI Rule 7	Departure
No pleading shall, except by way of AMENDMENT	§ raise any new ground of claim or § contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
Order VI Rule 10	Malice, knowledge, etc.
Wherever it is material to allege § malice, § fradulent intention, § knowledge or § other condition of the mind of any person,	it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred
Order VI Rule 11	Notice
Order VI Rule 13	Presumptions of law
Neither party need in any pleading allege any matter of fact	which § the law presumes in his favour or § as to which the burden of proof lies upon the other side unless the same has first been specifically denied.
Order VI Rule 14	Pleading to be signed
Order VI Rule 15	Verification of pleadings
Every pleading shall be verified	at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
The person verifying shall specify,	by reference to the numbered paragraphs of the pleading, § what he verifies of his own knowledge and § what he verifies upon information received and believed to be true.
The verification shall be signed by the person making it and	SHALL state the date on which and the place at which it was signed.
The person verifying the pleading SHALL	also furnish an AFFIDAVIT in support of his pleadings
Order VI Rule 16	Striking out pleadings
The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading—	(a) which may be unnecessary, scandalous, frivolous or vexatious, of (b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or (c) which is otherwise an abuse of the process of the Court.
Order VI Rule 17	Amendment of pleadings
The Court MAY at any stage of the proceedings allow either party § to alter or § amend his pleadings in such manner and on such terms as may be just,	and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties: Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
Order VI Rule 18	Failure to amend after Order
ORDER VII	Plaint
Order VII Rule 1	Particulars to be contained in plaint.
Order VII Rule 2	In money suits
Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed :	But where the plaintiff § sues for mesne profits, or § for an amount which will be found due to him on taking unsettled accounts between him and the defendant, § or for movables in the possession of the defendant, or for debts of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for
Order VII Rule 3	Where the subject-matter of the suit is immovable property.
Order VII Rule 6	Grounds of exemption from limitation law.
Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which EXEMPTION from such law is claimed	Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if SUCH GROUND IS NOT INCONSISTENT WITH THE GROUNDS SET OUT IN THE PLAINT.
Order VII Rule 7	Relief to be specifically stated
Every plaint shall state specifically the relief which the plaintiff claims § either simply or § in the alternative	and it SHALL NOT be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for.
Order VII Rule 9	Procedure on admitting plaint.
Where the Court orders that the summons be served on the defendants in the manner provided in rule 9 of Order V,	it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within seven days from the date of such order along with requisite fee for service of summons on the defendants
Order VII Rule 10	Return of plaint
Subject to the provisions of rule 10A,	the plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted.
On returning a plaint,	the Judge shall endorse thereon § the date of its presentation and return, § the name of the party presenting it, and § a brief statement of the reasons for returning it.
Order VII Rule 10A	Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.
Where the application made by the plaintiff under sub-rule (2) is allowed by the Court,	the plaintiff SHALL NOT be entitled to appeal against the order returning the plaint.
Order VII Rule 10B	Power of appellate Court to transfer suit to the proper Court.
Order VII Rule 11	Rejection of plaint.
The plaint shall be rejected in the following cases:—	(a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so; (c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law; (e) where it is not filed in duplicate; (f) where the plaintiff fails to comply with the provisions of rule 9
Order VII rule 14	Production of document on which plaintiff sues or relies.
Where a plaintiff § sues upon a document or § relies upon document in his possession or § power in support of his claim,	§ he shall enter such documents in a list, and § shall produce it in Court when the plaint is presented by him and § shall, at the same time deliver the document and a copy thereof, to be filed with the plaint
Nothing in Order VII rule 14 shall apply to document produced for the cross-examination	of § the plaintiffs witnesses, or § handed over to a witness merely to refresh his memory.
ORDER VIII	Written statement, set-off and counter-claim
Order VIII Rule 1	Written Statement
The Defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:	Provided that where the defendant fails to do so, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons
Order VIII Rule 1A	Duty of defendant to produce documents upon which relief is claimed or relied upon by him.
Nothing in rule 1A shall apply to documents—	(a) produced for the cross-examination of the plaintiff's witnesses, or (b) handed over to a witness merely to refresh his memory
Order VIII Rule 2	New facts must be specially pleaded
The defendant must raise by his pleading all matters which show the suit not be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence as,	if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the plaint, as, for instance, § fraud, § limitation, § release, § payment, § performance, or § facts showing illegality
Order VIII Rule 3	Denial to be specific
It shall NOT be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff,	but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, EXCEPT damages
Order VIII Rule 4	Evasive-denial.
Where a defendant denies an allegation of fact in the plaint,	he must NOT do so evasively, but answer the point of substance.
Order VIII Rule 5	Specific denial
Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, SHALL be taken to be admitted EXCEPT as against a person under disability:	Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than by such admission.
Provided further that every allegation of fact in the plaint,	if not denied in the manner provided under Rule 3A of this Order, shall be taken to be admitted except as against a person under disability
Whenever a judgment is pronounced under this rule,	a decree shall be drawn up in accordance with such judgment and such decree shall bear the date on which the judgment was pronounced
Order VIII Rule 6	Particulars of set-off to be given in written statement.—
Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable by him from the plaintiff,	not exceeding the pecuniary limits of the jurisdiction of the Court.
The rules relating to a written statement by a defendant	apply to a written statement in answer to a claim of set-off.
Order VIII Rule 6A	Counter-claim by defendant.
A defendant in a suit may, in addition to his right of pleading a set-off under rule 6,	set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:
Such counter-claim shall have the same effect	as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim
The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant	WITHIN such period as may be fixed by the court.
The counter-claim shall	be treated as a plaint and governed by the rules applicable to plaints.
Order VIII Rule 6C	Exclusion of counter-claim
Order VIII Rule 6F	Relief to defendant where counter-claim succeeds.
The rules relating to a written statement by a defendant shall apply	to a written statement filed in answer to a counter-claim.
Order VIII Rule 7	Defence or set-off founded upon separate grounds.
Order VIII Rule 9	Subsequent pleadings
No pleading subsequent to the written statement of a defendant other than by way of § defence to set-off or § counter-claim shall be presented except by the leave of the Court	and upon such terms as the Court thinks fit;
ORDER IX	Appearance of parties and consequence of non-appearance
Order IX Rule 1	Parties to appear on day fixed in summons for defendant to appear and answer.
Order IX Rule 2	Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs.—
Order IX Rule 5	Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons.
Order IX Rule 6	Procedure when only plaintiff appears.
Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then—	(a) When summons duly served.— suit shall be heard ex parte; (b) When summons not duly served.— the Court shall direct a second summons to be issued and served on the defendant; (c) When summons served but not in due time.— the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct notice of such day to be given to the defendant.
Order IX Rule 8	Procedure where defendant only appears
Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing,	the Court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against the defendant upon such admission,.
Order IX rule 13	Setting aside decree ex parte against defendant
ORDER X	Examination of parties by the court
Order X Rule 1	Ascertainment whether allegations in pleadings are admitted or denied.
Order X Rule 1A	Direction of the court to opt for any one mode of alternative dispute resolution.
Order X rule 1C	Appearance before the court consequent to the failure of efforts of conciliation
Order X Rule 2	Oral examination of party, or companion of party
At the first hearing of the suit, the Court—	(a) shall, examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and (b) may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied.
Order X Rule 3	Substance of examination to be written
ORDER XI	Discovery and Inspection
Order XI Rule 1	Discovery by interrogatories
In any suit the plaintiff or defendant by leave of the Court MAY deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and	such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such person is required to answer.
Order XI Rule 4.	Form of interrogatories. Interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require.
Order XI Rule 19	Verified copies
Order XI Rule 20	Premature discovery
Order XI Rule 21	Non-compliance with order for discovery
Order XI Rule 23	Order to apply to minors.—
This Order shall apply to minor plaintiffs and defendants,	and to the next friends and guardians for the suit of persons under disability.
ORDER XII	Admissions
ORDER XII Rule 1	Notice of admission of case
ORDER XII Rule 2	Notice to admit documents
ORDER XII Rule 3	Form of notice.— A notice to admit documents shall be in Form No. 9 in Appendix C, with such variations as circumstances may require
ORDER XII Rule 9	Costs.— If a notice to admit or produce specifies documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice.
ORDER XII	Admissions
ORDER XII Rule 1	Notice of admission of case
Any party to a suit may give notice, § by his pleading, or § otherwise in writing,	that he admits the truth of the whole or any part of the case of any other party.
ORDER XII Rule 2	Notice to admit documents
Either party may call upon the other party	to admit, within seven days from the date of service of the notice any document,
ORDER XII Rule 2A	Document to be deemed to be admitted if not denied after service of notice to admit documents
ORDER XII Rule 3	Form of notice.
ORDER XII Rule 6	Judgment on admissions.
Where admissions of fact have been made either in the pleading or otherwise; § whether orally or § in writing, the Court may at any stage of the suit, § either on the application of any party or § of its own motion and without waiting for the determination of any other question-between the parties,	make such order or give such judgment as it may think fit, having regard to such admissions.
Whenever a judgment is pronounced	a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.
ORDER XIII	Production, Impounding and Return of Documents
ORDER XIII Rule 1	Original documents to be produced at or before the settlement of issues.
The parties or their pleader shall produce on or before the settlement of issues,	all the documentary evidence in original where the copies thereof have been filed along with plaint or written statement.
NOTHING in sub-rule (1) shall apply to documents—	(a) produced for the cross-examination of the witnesses of the other party; or (b) handed over to a witness merely to refresh his memory.
ORDER XIII Rule 3	Rejection of irrelevant or inadmissible documents
The Court may at any stage of the suit reject any document	which it considers irrelevant or otherwise inadmissible, recording the grounds of such rejection
Order XIII Rule 8	Court may order any document to be impounded.
Order XIII Rule 9	Return of admitted documents.
Any person, whether a party to the suit or not, desirous of receiving back any documents produced by him in the suit and placed on the record SHALL, unless the document is impounded under rule 8, be entitled to receive back the same,—	(a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and (b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time for preferring an appeal has elapsed and § that no appeal has been preferred or, § if an appeal has been preferred, when the appeal has been disposed of:
Order XIII Rule 11	Provisions as to documents applied to material objects.
ORDER XIV	Settlement of Issues and Determination of Suit on Issues of Law or on Issues agreed upon
ORDER XIV Rule 1	Framing of issues.
Issues arise when a material proposition of fact or law	§ is affirmed by the one party and § denied by the other.
Material propositions arc those propositions of law or fact	which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.
Each material proposition affirmed by one party and denied by the other	shall form the subject of DISTINCT ISSUE.
Issues are of two kinds:	(a) issues of fact, (b) issues of law.
At the first hearing of the suit the Court shall, after reading the plaint and the written statements if any,	§ ascertain upon what material propositions of fact or of law the parties are at variance, and SHALL thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.
Nothing is this rule requires the Court	§ to frame and § record issued where the defendant at the first hearing of the suit makes no defence.
Order XIV Rule 2	Court to pronounce judgment on all issues
Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall,	subject to the provisions of sub-rule (2), pronounce judgment on all issues.
Where issues both of law and of fact arise in the same suit, it may try that issue first if the issue relates to-	(a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for the time being in force, and for that purpose may, postpone the settlement of the other issues until after that issue has been determined.
Order XIV Rule 3	Materials from which issues may be framed
Order XIV Rule 5	Power to amend and strike out, issues.—
The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit,	§ all such amendments or § additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed.
Order XIV Rule 7	Court, if satisfied that agreement was executed in good faith, may pronounce judgment.
ORDER XV	Disposal of the Suit at the first hearing
ORDER XV Rule 1	Parties not at issue
ORDER XV Rule 2	One of several defendants not at issue.
ORDER XV Rule 3	Parties at issue
ORDER XV Rule 4	Failure to produce evidence.
ORDER XVI	Summoning and Attendance of Witnesses
Order XVI Rule 1	List of witnesses and summons to witnesses.
ORDER XVI rule 19	No witness to be ordered to attend in person unless resident within certain limits.
No one shall be ordered to attend in person to give evidence unless he resides—	(a) within the local limits of the Court’s ordinary jurisdiction, or (b) without such limits but at a place less then [one hundred] or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than five hundred kilometres distance from the court-house: Provided that where transport by air is available between the two places mentioned in this rule and the witness is paid the fare by air, he may be ordered to attend in person.
ORDER XVI- A	Attendance of witnesses confined or detained in prisons
Detained includes	detained under any law providing for preventive detention;
“prison” includes—	i. any place which has been declared by the State Government, by general or special order, to be a subsidiary jail; ii. any reformatory, borstal institution or other institution of a like nature
Order XVI-A Rule 2	Power to require attendance of prisoners to give evidence if the distance from the prison to the Court-house is more than twenty-five kilometers, NO such order shall be made unless the Court is satisfied that the examination of such person on commission will not be adequate.
Order XVI-A Rule 7	Power to issue commission for examination of witness in prison.
ORDER XVII	Adjournment
ORDER XVII Rule 1	Court may grant time and adjourn hearing.
ORDER XVIII	Hearing of the suit and examination of witnesses
ORDER XVIII Rule 1	Right to begin.
The plaintiff has the right to begin.	unless § the defendant admits the facts alleged by the plaintiff and contents that either in point of law or § on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin
ORDER XVIII Rule 6	When deposition to be interpreted.
ORDER XVIII Rule 7	Evidence under section 138
Evidence taken down under section 138 shall be in the form prescribed by rule 5	§ and shall be read over and signed and, § as occasion may require, interpreted and corrected as if it were evidence taken down under that rule.
ORDER XVIII Rule 8	Memorandum when evidence not taken down by Judge
ORDER XVIII Rule 12	Remarks on DEMEANOUR of witnesses
ORDER XVIII Rule 16	Power to examine witness immediately
ORDER XVIII Rule 17	Court may recall and examine witness
ORDER XVIII Rule 19	Power to get statements recorded on COMMISSION
ORDER XIX	Affidavits
ORDER XIX Rule 1	Power to order any point to be proved by affidavit
Any Court may at any time for sufficient reason order that	§ any particular fact or facts may be proved by affidavit, or § that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable.
ORDER XIX Rule 3	Matters to which affidavits shall be confined.
AFFIDAVITS shall be confined to such facts as the deponent is able of his own knowledge to prove,	except on interlocutory applications, on which statements of his belief may be admitted.
ORDER XX	Judgment and decree
The Court, after the case has been heard,	SHALL pronounce judgment in an open Court.
Provided that where the judgment is not pronounced at once, the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but,	the Court shall fix a future day for the pronouncement on the ground of the exceptional and extraordinary circumstances of the case, of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded.
ORDER XX Rule 2	Power to pronounce judgment written by judge’s predecessor.
A Judge shall pronounce a judgment written,	but not pronounced, by his predecessor.
ORDER XX Rule 3	Judgment to be signed
The judgment shall be	§ dated and § signed by the Judge in open Court at the time of pronouncing it and, when once signed, shall NOT afterwards be altered or added, to save as provided by section 152 or on review
ORDER XX Rule 5	Court to state its decision on each issue
In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons therefor,	upon each separate issue, unless the finding upon any one or more of the issue is sufficient for the decision of the suit
ORDER XX Rule 5A	Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders.
the Court shall, when it pronounces its judgment in a case subject to appeal,	inform the parties present in Court § as to the Court to which an appeal lies and § the period of limitation for the filing of such appeal and place on record the information so given to the parties
ORDER XX Rule 6A	Preparation of decree.
Every endeavour shall be made to ensure that the decree is drawn up	as expeditiously as possible and, within fifteen days from the date on which the judgment is pronounced.
ORDER XX Rule 6B	Copies of judgments when to be made available
ORDER XX Rule 7	Date of decree.
The decree shall bear the day on which the judgment was pronounced, and,	when the judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree.
ORDER XX Rule 9	Decree for recovery of immovable property
Where the subject-matter of the suit is immovable property,	the decree shall contain § a description of such property sufficient to identify the same, and § where such property can be identified by boundaries or by numbers in a record of settlement or survey, the decree shall specify such boundaries or numbers.
ORDER XX Rule 12	Decree for possession and mesne profits
ORDER XX Rule 12A	Decree for specific performance of contract for the sale or lease of immovable property.—
ORDER XX Rule 14	Decree in pre-emption suit
ORDER XX Rule 15	Decree in suit for dissolution of partnership
ORDER XX Rule 16	Decree in suit for account between principal and agent.
ORDER XX Rule 19	Decree when set-off or counter-claim is allowed.—
ORDER XX Rule 20	Certified copies of judgment and decree to be furnished
ORDER XXA	COSTS
ORDER XXA Rule 2	Costs to be awarded in accordance with the rules made by High Court
ORDER XXI	EXECUTION OF DECREES AND ORDERS PAYMENT UNDER DECREE
ORDER XXI Rule 1	Modes of paying money under decree
ORDER XXI Rule 5	Mode of transfer
ORDER XXI Rule 18	Execution in case of cross-decrees.
ORDER XXI Rule 21	Simultaneous execution
ORDER XXI Rule 26	When Court may stay execution.
ORDER XXI Rule 30	Decree for payment of money.
ORDER XXI Rule 31	Decree for specific movable property.
ORDER XXI Rule 32	Decree for specific performance for restitution of conjugal rights, or for an injunction.
ORDER XXI Rule 33	Discretion of Court in executing decrees for restitution of conjugal rights.
ORDER XXI Rule 35	Decree for immovable property
ORDER XXI Rule 39	Subsistence allowance
ORDER XXI Rule 44	Attachment of agricultural produce.
ORDER XXI Rule 46A	Notice to garnishee.
ORDER XXI Rule 49	Attachment of partnership property.
ORDER XXI Rule 74	Sale of agricultural produce
ORDER XXI Rule 77	Sale by public auction
ORDER XXI Rule 103	Orders to be treated as decrees.
ORDER XXII	DEATH, MARRIAGE AND INSOLVENCY OR PARTIES
ORDER XXII Rule 1	No abatement by party's death if right to sue survives.
ORDER XXII Rule 2	Procedure where one of several plaintiffs or defendants dies and right to sue survives.
ORDER XXII Rule 4A	Procedure where there is no legal representative.
ORDER XXII Rule 5	Determination of question as to legal representative
ORDER XXII Rule 7	Suit not abated by marriage of female party
The marriage of a female plaintiff or defendant shall not cause the suit to abate,	but the suit may notwithstanding be proceeded with the judgment, and, where the decree is against a female defendant, it may be executed against her alone.
Where the husband is by law liable for the debts of his wife, the decree may,	be executed against the husband also;
ORDER XXII Rule 8	When plaintiff's insolvency bars suit
ORDER XXII Rule 9	Effect of abatement or dismissal
Where a suit abates or is dismissed under this Order,	NO fresh suit shall be brought on the same cause of action
§ The plaintiff or § the person claiming to be the legal representative of a deceased plaintiff or § the assignee or the receiver in the case of an insolvent plaintiff	may apply for an order to set aside the abatement or dismissal; and if it is proved that he was prevented by any sufficient cause from continuing the suit, the Court shall set aside the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit.
The provisions of Section 5 of the Indian Limitation Act, 1877 (15 of 1877)	SHALL apply to applications under sub-rule (2).
ORDER XXII Rule 10 A	Duty of pleader to communicate to Court death of a party
ORDER XXIII	WITHDRAWAL AND ADJUSTMENT OF SUITS
	Withdrawal of suit or abandonment of part of claim.
At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim:	Provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 of Order XXXII extend, § neither the suit nor § any part of the claim SHALL be abandoned without the leave of the Court.
Order XXIII Rule 1A	When transposition of defendants as plaintiffs may be permitted.
Order XXIII Rule 3	Compromise of suit
Order XXIII Rule 3A	Bar to suit
No suit shall lie to set aside a decree on the ground	that the compromise on which the decree is based was not lawful.
Order XXIII Rule 3B	No agreement or compromise to be entered in a representative suit without leave of Court.
In this rule, “representative suit” means,—	(a) a suit under Section 91 or Section 92, (b) a suit under rule 8 of Order I, (c) a suit in which the manager of an undivided Hindu family sues or is sued as representing the other members of the family, (d) any other suit in which the decree passed may, by virtue of the provisions of this Code or of any other law for the time being in force, bind any person who is not named as party to the suit
ORDER XXIV	PAYMENT INTO COURT
ORDER XXV	SECURITY FOR COSTS
ORDER XXVI	COMMISSIONS
ORDER XXVI Rule 1	Cases in which Court may issue commission to examine witness
Any Court may in any suit issue a commission	§ for the examination on interrogatories or otherwise § of any person resident within the local limits of its jurisdiction who is exempted under this Code from attending the Court or § who is from sickness or infirmity unable to attend it:
ORDER XXVI Rule 4	Persons for whose examination commission may issue
ORDER XXVI Rule 7	Return of commission with depositions of witnesses.
ORDER XXVI Rule 8	When depositions may be read in evidence
ORDER XXVI Rule 10 A	Commission for scientific investigation.
ORDER XXVI Rule 10 B	Commission for performance of a ministerial act
ORDER XXVI Rule 10 C	Commission for the sale of movable property
ORDER XXVI Rule 16	Powers of commissioners.
ORDER XXVII	SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
ORDER XXVII Rule 8	Procedure in suits against public office
ORDER XXVIII	SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN
ORDER XXIX	SUITS BY OR AGAINST CORPORATIONS
ORDER XXX	SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN
ORDER XXX Rule 2	Disclosure of partners’ names
ORDER XXX Rule 4	Rights of suit on death of partner
Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 of 1872) where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, § whether before the institution or § during the pendency of any suit,	it shall NOT be necessary to join the legal representative of the deceased as a party to the suit
ORDER XXX Rule 9	Suits between co-partners.
ORDER XXXI	SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS
ORDER XXXI Rule 3	Husband of married executrix not to join
Unless the Court directs otherwise, § the husband of a married trustee, § administratrix or § executrix	SHALL NOT as such be a party to a suit by or against her.
ORDER XXXII	SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
ORDER XXXII Rule 1	Minor to sue by next friend
Every suit by a minor shall be instituted in his name by a person	who in such suit shall be called the next friend of the minor.
“minor” means	a person who has not attained his majority within the meaning of section 3 of the Indian Majority Act, 1875 (9 of 1875)
ORDER XXXII Rule 2	Where suit is instituted without next friend, plaint to be taken off the file.
ORDER XXXII Rule 2A	Security to be furnished by next friend when so ordered.
The provisions of rule 2 of Order XXV shall, so far as may be,	apply to a suit where the Court makes an order under this rule directing security to be furnished.
ORDER XXXII Rule 3	Guardian for the suit to be appointed by Court for minor defendants.
Where the defendant is a minor the Court, on being satisfied of the fact of his minority	shall appoint a proper person to be guardian for the suit for such minor.
Such application shall be supported by an affidavit verifying the fact	the proposed guardian has § no interest in the matters in controversy in the suit that adverse to that of the minor and § that he is a fit person to be so appointed.
ORDER XXXII Rule 3A	Decree against minor not to be set aside unless prejudice has been caused to his interest
ORDER XXXII Rule 4	Who may act as next friend or he appointed guardian for the suit
Any person who § is of sound mind and § has attained majority	may act as next friend of a minor or as his guardian for the suit
ORDER XXXII Rule 6	RECEIPT BY NEXT FRIEND OR GUARDIAN FOR THE SUIT OF PROPERTY UNDER DECREE FOR MINOR.
A next friend or guardian for the suit shall not, without the leave of the Court, receive any money or other movable property on behalf of a minor either—	(a) by way of compromise before decree or order, or (b) under a decree or order in favour of the minor.
ORDER XXXII Rule 8	Retirement of next friend
ORDER XXXII Rule 9	Removal of next friend
ORDER XXXII Rule 11	Retirement, removal or death of guardian for the suit.
ORDER XXXII Rule 12	Course to be followed by minor plaintiff or applicant on attaining majority
The title of the suit or application shall in case minor attains majority be corrected so as to read henceforth thus:	“A.B., late a minor by C.D., his next friend, but now having attained majority.”
ORDER XXXII Rule 13	Where minor co-plaintiff attaining majority desires to repudiate suit.
Where a minor co-plaintiff on attaining majority desires to repudiate the suit,	he shall apply to have his name struck out as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit on such terms as to costs or otherwise as it thinks fit.
ORDER XXXII Rule 15	Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind
ORDER XXXII	A SUITS RELATING TO MATTERS CONCERNING THE FAMILY
The provisions of Order XXXII shall apply to the following suits or proceedings concerning the family, namely:—	(a) a suit or proceeding for matrimonial relief, including a suit or proceedings for declaration as to the validity of a marriage or as to the matrimonial status of any person; (b) a suit or proceeding for a declaration as to legitimacy of any person; (c) a suit or proceeding in relation to the guardianship of the person or the custody of any minor or other member of the family, under a disability; (d) a suit or proceeding for maintenance; (e) a suit or proceeding as to the validity or effect of an adoption; (f) a suit or proceeding, instituted by a member of the family, relating to wills, intestacy and succession; (g) a suit or proceeding relating to any other matter concerning the family in respect of which, the parties are subject to their personal law.
ORDER XXXII Rule 2	Proceedings to be held *in camera.*
ORDER XXXII Rule 6	“Family”—meaning of.
For the purposes of Order XXXII, each of the following shall be treated as constituting a family, namely:—	(a) (i) a man and his wife living together, (ii) any child or children, being issue of theirs; or of such man or such wife, (iii) any child or children being maintained by such man and wife; (b) a man not having a wife or not living together with his wife, any child or children, being issue of his, and any child or children being maintained by him; (c) a woman not having it husband or not living together with her husband, any child or children being issue of hers, and any child or children being maintained by her; (d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or her; and (e) any combination of one or more of the groups specified in clause (a), clause (b), clause (c) or clause (d) of this rule.
ORDER XXXIII	SUITS BY INDIGENT PERSONS
ORDER XXXIII Rule 1	Suits may be instituted by indigent persons.
A person is an indigent person	(a) If he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or (b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
ORDER XXXIII Rule 9A	Court to assign a pleader to an unrepresented indigent person.
ORDER XXXIII Rule 10	Costs where indigent person succeeds.
Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person;	such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit
ORDER XXXIII Rule 11	Procedure where indigent person fails
ORDER XXXIII Rule 11 A	Procedure where indigent person’s suit abates.
Where the suit abates by reason of the death of the plaintiff or of any person added as a co-plaintiff,	the Court shall order that the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person shall be recoverable by the State Government from the estate of the deceased plaintiff
ORDER XXXIII Rule 14	Recovery of amount of court-fees.
ORDER XXXIII Rule 15A	Grant of time for payment of court-fee.
ORDER XXXIII Rule 18	Power of Government to provide for free legal services to indigent persons.
The High Court may, with the previous approval of the State Government,	make rules for carrying out the supplementary provisions made by the Central or State Government for providing free legal services to indigent persons
ORDER XXXIV	SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY
ORDER XXXIV Rule 1	Parties to suits for foreclosure sale and redemption
all persons having an interest either § in the mortgage-security or § in the right of redemption	SHALL be joined as parties to any suit relating to the mortgage.
ORDER XXXIV Rule 2	Preliminary decree in foreclosure suit.
ORDER XXXIV Rule 3	Final decree in foreclosure suit.
ORDER XXXIV Rule 10A	Power of Court to direct mortgagee to pay mesne profits.
ORDER XXXIV Rule 11	Payment of interest
ORDER XXXV	INTERPLEADER
ORDER XXXV Rule 1	Plaint in interpleader-suit
In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state—	(a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs; (b) the claims made by the defendants severally; and (c) that there is no collusion between the plaintiff and any of the defendants
ORDER XXXV Rule 2	Payment of thing claimed into Court
ORDER XXXV Rule 5	Agents and tenants may not institute interpleader suits
NOTHING in this Order shall	be deemed to enable § agents to sue their principals, or § tenants to sue their landlords, for the purpose of compelling them to interplead with any persons other than persons making claim through such principals or landlords.
ORDER XXXVI	SPECIAL CASE
ORDER XXXVI Rule 1	Power to state case for Court’s opinion.
ORDER XXXVII	SUMMARY PROCEDURE
This Order shall apply to the following Courts, namely:—	(a) High Courts, City Civil Courts and Courts of Small Causes; and (b) other Courts:
ORDER XXXVII Rule 7. Procedure in suits.	the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner
ORDER XXXVIII	ARREST AND ATTACHMENT BEFORE JUDGMENT
ORDER XXXVIII Rule 1	Where defendant may be called upon to furnish security for appearance.
ORDER XXXVIII Rule 5	Where defendant may be called upon to furnish security for production of property.
ORDER XXXVIII Rule 12	Agricultural produce not attachable before judgment
ORDER XXXVIII Rule 13	Small Cause Court not to attach immovable property
ORDER XXXIX	TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
ORDER XXXIX Rule 1	Cases in which temporary injunction may be granted
ORDER XXXIX Rule 2	Injunction to restrain repetition or continuance of breach.
ORDER XXXIX Rule 2A	Consequence of disobedience or breach of injunction.
In the case of § disobedience of any injunction granted or § other order made under rule 1 or rule 2 or § breach of any of the terms on which the injunction was granted or the order made,	the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, § may order the property of the person guilty of such disobedience or breach to be attached, and § may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.
ORDER XXXIX Rule 3A	Court to dispose of application for injunction within thirty days.
ORDER XXXIX Rule 4	Order for injunction may be discharged, varied or set aside
ORDER XXXIX Rule 6	Power to order interim sale
ORDER XXXIX Rule 10	Deposit of money, etc., in Court
ORDER XL	APPOINTMENT OF RECEIVERS
ORDER XL Rule 5	When COLLECTOR may he appointed receiver.
ORDER XLI	APPEALS FROM ORIGINAL DECREES
ORDER XLI Rule 16	Right to begin.
ORDER XLI Rule 19	Re-admission of appeal dismissed for default.
ORDER XLI Rule 35	Date and contents of decree
Judge dissenting from judgment need not sign decree.—	Provided that where there are more Judges than one and there is a difference of opinion among them, it shall not be necessary for any Judge dissenting from the judgment of the Court to sign the decree.
ORDER XLII	APPEALS FROM APPELLATE DECREES
ORDER XLIII	APPEALS FROM ORDERS
ORDER XLIII Rule 1A	Right to challenge non-appealable orders in appeal against decrees.
ORDER XLIII Rule 2. Procedure.	The rules of Order XLI SHALL apply, so far as may be, to appeals from orders
ORDER XLIV	APPEALS BY INDIGENT PERSONS
ORDER XLV	APPEALS TO THE SUPREME COURT
ORDER XLV Rule 1	“Decree” defined.
In Order XVI, unless there is something repugnant in the subject or context,	the expression “decree” shall include a final order
ORDER XLV Rule 15	Procedure to enforce orders of the Supreme Court
ORDER XLVI	REFERENCE
ORDER XLVI Rule 1	Reference of question to High Court
§ Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or § where, in the execution of any such decree, any question of law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the decree, entertains reasonable doubt, the Court may:	§ either of its own motion or § on the application of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer such statement with its own opinion on the point for the decision of the High Court.
ORDER XLV Rule 2	Court may pass decree contingent upon decision of High Court
The Court MAY either § stay the proceedings or § proceed in the case notwithstanding such reference, and may pass a decree or make an order contingent upon the decision of the High Court on the point referred:	But no decree or order SHALL be executed in any case in which such reference is made until the receipt of a copy of the judgment of the High Court upon the reference.
ORDER XLV Rule 3	Judgment of High Court to be transmitted and case disposed of accordingly
The High Court, after hearing the parties if they appear and desire to be heard, § shall decide the point so referred, § and shall transmit a copy of its judgment,	under the signature of the Registrar, to the Court by which the reference was made; and such Court shall, on the receipt thereof, proceed to dispose of the case in conformity with the decision of the High Court.
ORDER XLV Rule 4A	Reference to High Court under proviso to section 113
ORDER XLV Rule 5	Power to alter, etc., decree of Court making reference.
ORDER XLV Rule 7	Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes.
Where it appears to a District Court that a Court subordinate thereto has, § by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so cognizable, § failed to exercise a jurisdiction vested in it by law, or § exercised a jurisdiction not so vested, the District Court may, and if required by a party shall,	submit the record to the High Court with a statement of its reasons for considering the opinion of the Subordinate Court with respect to the nature of the suit to be erroneous.
ORDER XLVII	REVIEW
ORDER XLVII Rule 1	Application for review of judgment.
The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case,	SHALL NOT be a ground for the review of such judgment.
ORDER XLVII rule 5	Application for review in Court consisting of two or more Judges.
ORDER XLVII Rule 7	Order of rejection not appealable. Objections to order granting application
ORDER XLVIII	MISCELLANEOUS
ORDER XLIX	CHARTERED HIGH COURTS
ORDER XLIX Rule 1	Who may serve processes of High Court.
ORDER L	PROVINCIAL. SMALL CAUSE COURTS
ORDER L Rule 1	Provincial Small Cause Courts.
ORDER LI	PRESIDENCY SMALL CAUSE COURTS
ORDER LI Rule 1	Presidency Small Cause Courts

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