The Code of Civil Procedure, 1908

PRELIMINARY

• 1.Short title, commencement and extent
• 2.Definitions
• 3.Subordination of Courts
• 4.Savings
• 5.Application of the Code to Revenue Courts
• 6.Pecuniary jurisdiction
• 7.Provincial Small Cause Courts
• 8.Presidency Small Cause Courts

PART I SUITS IN GENERAL

JURISDICTION OF THE COURTS AND Res Judicata

• 9.Courts to try all civil suits unless barred
• 10.Stay of suit
• 11.Res judicata
• 12.Bar to further suit
• 13.When foreign judgment not conclusive
• 14.Presumption as to foreign judgments

PLACE OF SUING

• 15.Court in which suits to be instituted
• 16.Suits to be instituted where subject-matter situate
• 17.Suits for immovable property situate within jurisdiction of different Courts
• 18.Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
• 19.Suits for compensation for wrongs to person or movables
• 20.Other suits to be instituted where defendants reside or cause of action arises
• 21.Objections to jurisdiction
• 21A.Bar on suit to set aside decree on objection as to place of suing
• 22.Power to transfer suits which may be instituted in more than one Court
• 23.To what Court application lies
• 24.General power of transfer and withdrawal
• 25.Power of Supreme Court to transfer suits, etc

INSTITUTION OF SUITS

• 26.Institution of suits

SUMMONS AND DISCOVERY

• 27.Summons to defendants
• 28.Service of summons where defendant resides in another State
• 29.Service of foreign summonses
• 30.Power to order discovery and the like
• 31.Summons to witness
• 32.Penalty for default

JUDGMENT AND DECREE

• 33.Judgment and decree

INTEREST

• 34.Interest

COSTS

• 35.Costs
• 35A.Compensatory costs in respect of false or vexatious claims or defences
• 35B.Costs for causing delay

PART II EXECUTION

• 36.Application to orders
• 37.Definition of Court which passed a decree

COURTS BY WHICH DECREES MAY BE EXECUTED

• 38.Court by which decree may be executed
• 39.Transfer of decree
• 40.Transfer of decree to Court in another State
• 41.Result of execution proceedings to be certified
• 42.Powers of Court in executing transferred decree
• 43.Execution of decrees passed by Civil Courts in places to which this Code does not extend
• 44.Execution of decrees passed by Revenue Courts in places to which this Code does not extend
• 44A.Execution of decrees passed by Courts in reciprocating territory
• 45.Execution of decrees outside India
• 46.Precepts

QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE

• 47.Questions to be determined by the Court executing decree

LIMIT OF TIME FOR EXECUTION

• 48.Execution barred in certain cases

TRANSFEREES AND LEGAL REPRESENTATIVES

• 49.Transferee
• 50.Legal representative

PROCEDURE IN EXECUTION

• 51.Powers of Court to enforce execution
• 52.Enforcement of decree against legal representative
• 53.Liability of ancestral property
• 54.Partition of estate or separation of share

ARREST AND DETENTION

• 55.Arrest and detention
• 56.Prohibition of arrest or detention of women in execution of decree for money
• 57.Subsistence-allowance
• 58.Detention and release
• 59.Release on ground of illness

ATTACHMENT

• 60.Property liable to attachment and sale in execution of decree
• 61.Partial exemption of agricultural produce
• 62.Seizure of property in dwelling-house
• 63.Property attached in execution of decrees of several Courts
• 64.Private alienation of property after attachment to be void

SALE

• 65.Purchaser’s title
• 66.Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
• 67.Power for State Government to make rules as to sales of land in execution of decrees for payment of money

DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY

• 68.Power to prescribe rules for transferring to collector execution of certain decrees
• 69.Provisions of Third Schedule to apply
• 70.Rules of Procedure
• 71.Collector deemed to be acting judicially
• 72.Where Court may authorize Collector to stay Public Sale of Land

DISTRIBUTION OF ASSETS

• 73.Proceeds of execution-sale to be rateably distributed among decree-holders

RESISTANCE TO EXECUTION

• 74.Resistance to execution

PART III INCIDENTAL PROCEEDINGS

• 75.Power of Court to issue commissions
• 76.Commission to another Court
• 77.Letter of request
• 78.Commissions issued by foreign Courts

PART IV SUITS IN PARTICULAR CASES SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

• 79.Suits by or against Government
• 80.Notice
• 81.Exemption from arrest and personal appearance
• 82.Execution of decree

SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS

• 83.When aliens may sue
• 84.When foreign States may sue
• 85.Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
• 86.Suits against foreign Rulers, Ambassadors and Envoys
• 87.Style of foreign Rulers as parties to suits
• 87A.Definitions of “Foreign State” and “Rulers”

SUITS AGAINST RULERS OF FORMER INDIAN STATES

• 87B.Applications of sections 85 and 86 to Rulers of former Indian States

INTERPLEADER

• 88.Where interpleader suit may be instituted

PART V SPECIAL PROCEEDINGS

• 89.Settlement of disputes outside the Court

SPECIAL CASE

• 90.Power to state case for opinion of Court

PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC

• 91.Public nuisances and other wrongful acts affecting the public
• 92.Public charities
• 93.Exercise of powers of Advocate-General outside presidency-towns

PART VI SUPPLEMENTAL PROCEEDINGS

• 94.Supplemental proceedings
• 95.Compensation for obtaining arrest, attachment or injunction on insufficient grounds

PART VII APPEALS

• 96.Appeal from original decree
• 97.Appeal from final decree where no appeal from preliminary decree
• 98.Decision where appeal heard by two or more Judges
• 99.No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
• 99A.No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected

APPEALS FROM APPELLATE DECREES

• 100.Second appeal
• 100A.No further appeal in certain cases
• 101.Second appeal on no other grounds
• 102.No second appeal in certain cases
• 103.Power of High Court to determine issue of fact

APPEALS FROM ORDERS

• 104.Orders from which appeal lies
• 105.Other orders
• 106.What Courts to hear appeals

GENERAL PROVISIONS RELATING TO APPEALS

• 107.Powers of Appellate Court
• 108.Procedure in appeals from appellate decrees and orders

APPEALS TO THE SUPREME COURT

• 109.When appeals lie to the Supreme Court
• 110.Value of subject matters
• 111.Bar of certain appeals
• 111A.Appeals to Federal Court
• 112.Savings

PART VIII REFERENCE, REVIEW AND REVISION

• 113.Reference to High Court
• 114.Review
• 115.Revision

PART IX SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER

• 116.Part to apply only to certain High Courts
• 117.Application of Code to High Courts
• 118.Execution of decree before ascertainment of costs
• 119.Unauthorized persons not to address Court
• 120.Provisions not applicable to High Court in original civil jurisdiction

PART X RULES

• 121.Effect of rules in First Schedule
• 122.Power of certain High Courts to make rules
• 123.Constitution of Rules Committees in certain States
• 124.Committee to report to High Court
• 125.Power of other High Courts to make rules
• 126.Rules to be subject to approval
• 127.Publication of rules
• 128.Matters for which rules may provide
• 129.Power of High Courts to make rules as to their original Civil procedure
• 130.Powers of other High Courts to make rules as to matters other than procedure
• 131.Publication of rules

PART XI MISCELLANEOUS

• 132.Exemption of certain women from personal appearance
• 133.Exemption of other persons
• 134.Arrest other than in execution of decree
• 135.Exemption from arrest under civil process
• 135A.Exemption of members of legislative bodies from arrest and detention under civil process
• 136.Procedure where person to be arrested or property to be attached is outside district
• 137.Language of subordinate Courts
• 138.Power of High Court to require evidence to be recorded in English
• 139.Oath on affidavit by whom to be administered
• 140.Assessors in causes of salvage, etc
• 141.Miscellaneous proceedings
• 142.Orders and notices to be in writing
• 143.Postage
• 144.Application for restitution
• 145.Enforcement of liability of surety
• 146.Proceedings by or against representatives
• 147.Consent or agreement by persons under disability
• 148.Enlargement of time
• 148A.Right to lodge a caveat
• 149.Power to make up deficiency of court-fees
• 150.Transfer of business
• 151.Saving of inherent powers of Court
• 152.Amendment of judgments, decrees or orders
• 153.General power to amend
• 153A.Power to amend decree or order where appeal is summarily dismissed
• 153B.Place of trial to be deemed to be open Court
• 154.Saving of present right of appeal
• 155.Amendment of certain Acts
• 156.Repeals
• 157.Continuance of orders under repealed enactments
• 158.Reference to Code of Civil Procedure and other repealed enactments

THE FIRST SCHEDULE

ORDER I Parties to Suits

• Rule 1.Who may be joined as plaintiffs
• Rule 2.Power of Court to order separate trial
• Rule 3.Who may be joined as defendants
• Rule 3A.Power to order separate trials where joinder of defendants may embarrass or delay trial
• Rule 4.Court may give judgment for or against one or more of joint parties
• Rule 5.Defendant need not be interested in all the relief claimed
• Rule 6.Joinder of parties liable on same contract
• Rule 7.When plaintiff in doubt from whom redress is to be sought
• Rule 8.One person may sue or defend on behalf of all in same interest
• Rule 8A.Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings
• Rule 9.Misjoinder and non-joinder
• Rule 10.Suit in name of wrong plaintiff
• Rule 10A.Power of Court to request any pleader to address it
• Rule 11.Conduct of suit
• Rule 12.Appearance of one of several plaintiffs or defendants for others
• Rule 13.Objections as to non-joinder or misjoinder

ORDER II Frame of suit

• Rule 1.Frame of suit
• Rule 2.Suit to include the whole claim
• Rule 3.Joinder of causes of action
• Rule 4.Only certain claims to be joined for recovery of immovable property
• Rule 5.Claims by or against executor, administrator or heir
• Rule 6.Power of Court to order separate trials
• Rule 7.Objections as to misjoinder

ORDER III Recognized Agents and Pleaders

• Rule 1.Appearances, etc., may be in person, by recognized agent or by pleader
• Rule 2.Recognized agents
• Rule 3.Service of process on recognized agent
• Rule 4.Appointment of pleader
• Rule 5.Service of process on pleader
• Rule 6.Agent to accept service

ORDER IV Institution of suits

• Rule 1.Suit to be commenced by plaint
• Rule 2.Register of suits

ORDER V Issue and service of summons

Issue of Summons

• Rule 1.Summons
• Rule 2.Copy of plaint annexed to summons
• Rule 3.Court may order defendant or plaintiff to appear in person
• Rule 4.No party to be ordered to appear in person unless resident within certain limits
• Rule 5.Summons to be either to settle issues or for final disposal
• Rule 6.Fixing day for appearance of defendant
• Rule 7.Summons to order defendant to produce documents relied on by him
• Rule 8.On issue of summons for final disposal, defendant to be directed to produce his witnesses

• Rule 9.Delivery of summons by Court
• Rule 9A.Summons given to the plaintiff for service
• Rule 10.Mode of service
• Rule 11.Service on several defendants
• Rule 12.Service to be on defendant in person when practicable, or on his agent
• Rule 13.Service on agent by whom defendant carries on business
• Rule 14.Service on agent in charge in suits for immovable property
• Rule 15.Where service may be on an adult member of defendant’s family
• Rule 16.Person served to sign acknowledgment
• Rule 17.Procedure when defendant refuses to accept service, or cannot be found
• Rule 18.Endorsement of time and manner of service
• Rule 19.Examination of serving officer
• Rule 19A.Simultaneous issue of summons for service by post in addition to personal service
• Rule 20.Substituted service
• Rule 20A.Service of summons by post
• Rule 21.Service of summons where defendant resides within jurisdiction of another Court
• Rule 22.Service within presidency-towns of summons issued by Courts outside
• Rule 23.Duty of Court to which summons is sent
• Rule 24.Service on defendant in prison
• Rule 25.Service where defendant resides out of India and has no agent
• Rule 26.Service in foreign territory through Political Agent or Court
• Rule 26A.Summonses to be sent to officers to foreign countries
• Rule 27.Service on civil public officer or on servant of railway company or local authority
• Rule 28.Service on soldiers, sailors or airmen
• Rule 29.Duty of person to whom summons is delivered or sent for service
• Rule 30.Substitution of letter for summons

ORDER VI Pleadings generally

• Rule 1.Pleading
• Rule 2.Pleading to state material facts and not evidence
• Rule 3.Forms of pleading
• Rule 3A.Forms of pleading in Commercial Courts
• Rule 4.Particulars to be given where necessary
• Rule 5.Further and better statement, or particulars
• Rule 6.Condition precedent
• Rule 7.Departure
• Rule 8.Denial of contract
• Rule 9.Effect of document to be stated
• Rule 10.Malice, knowledge, etc
• Rule 11.Notice
• Rule 12.Implied contract, or relation
• Rule 13.Presumptions of law
• Rule 14.Pleading to be signed
• Rule 14A.Address for service of notice
• Rule 15.Verification of pleadings
• Rule 15A.Verification of pleadings in a commercial dispute
• Rule 16.Striking out pleadings
• Rule 17.Amendment of pleadings
• Rule 18.Failure to amend after Order

ORDER VII Plaint

• Rule 1.Particulars to be contained in plaint
• Rule 2.In money suits
• Rule 2A.Where interest is sought in the suit
• Rule 3.Where the subject-matter of the suit is immovable property
• Rule 4.When plaintiff sues as representative
• Rule 5.Defendant’s interest and liability to be shown
• Rule 6.Grounds of exemption from limitation law
• Rule 7.Relief to be specifically stated
• Rule 8.Relief founded on separate grounds
• Rule 9.Procedure on admitting plaint
• Rule 10.Return of plaint
• Rule 10A.Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return
• Rule 10B.Power of appellate Court to transfer suit to the proper Court
• Rule 11.Rejection of plaint
• Rule 12.Procedure on rejecting plaint
• Rule 13.Where rejection of plaint does not preclude presentation of fresh plaint

Documents relied on in plaint

• Rule 14.Production of document on which plaintiff sues or relies
• Rule 15.Statement in case of documents not in plaintiff’s possession or powers
• Rule 16.Suits on lost negotiable instruments
• Rule 17.Production of shop-book
• Rule 18.Inadmissibility of document not produced when plaint filed

ORDER VIII Written statement, set-off and counter-claim

• Rule 1.Written Statement
• Rule 1A.Duty of defendant to produce documents upon which relief is claimed or relied upon by him
• Rule 2.New facts must be specially pleaded
• Rule 3.Denial to be specific
• Rule 3A.Denial by the defendant in suits before the Commercial Division of the High Court or the Commercial Court
• Rule 4.Evasive-denial
• Rule 5.Specific denial
• Rule 6.Particulars of set-off to be given in written statement
• Rule 6A.Counter-claim by defendant
• Rule 6B.Counter-claim to be stated
• Rule 6C.Exclusion of counter-claim
• Rule 6D.Effect of discontinuance of suit
• Rule 6E.Default of plaintiff to reply to counter-claim
• Rule 6F.Relief to defendant where counter-claim succeeds
• Rule 6G.Rules relating to written statement to apply
• Rule 7.Defence or set-off founded upon separate grounds
• Rule 8.New ground of defence
• Rule 8A.Duty of defendant to produce documents upon which relief is claimed by him
• Rule 9.Subsequent pleadings
• Rule 10.Procedure when party fails to present written statement called for by Court

ORDER IX Appearance of parties and consequence of non-appearance

• Rule 1.Parties to appear on day fixed in summons for defendant to appear and answer
• Rule 2.Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs
• Rule 3.Where neither party appears suit to be dismissed
• Rule 4.Plaintiff may bring fresh suit or Court may restore suit to file
• Rule 5.Dismissal of suit where plaintiff after summons returned unserved, fails for [seven days] to apply for fresh summons
• Rule 6.Procedure when only plaintiff appears
• Rule 7.Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance
• Rule 8.Procedure where defendant only appears
• Rule 9.Decree against plaintiff by default bars fresh suit
• Rule 10.Procedure in case of non-attendance of one or more of several plaintiff’s
• Rule 11.Procedure in case of non-attendance of one or more of several defendants
• Rule 12.Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person

Setting aside Decrees ex parte

• Rule 13.Setting aside decree ex parte against defendant
• Rule 14.No decree to be set aside without notice to opposite party

ORDER X Examination of parties by the court

• Rule 1.Ascertainment whether allegations in pleadings are admitted or denied
• Rule 1A.Direction of the court to opt for any one mode of alternative dispute resolution
• Rule 1B.Appearance before the conciliatory forum or authority
• Rule 1C.Appearance before the court consequent to the failure of efforts of conciliation
• Rule 2.Oral examination of party, or companion of party
• Rule 3.Substance of examination to be written
• Rule 4.Consequence of refusal or inability of pleader to answer

ORDER XI Discovery and Inspection

• Rule 1.Discovery by interrogatories
• Rule 2.Particular interrogatories to be submitted
• Rule 3.Costs of interrogatories
• Rule 4.Form of interrogatories
• Rule 5.Corporations
• Rule 6.Objections to interrogatories by answer
• Rule 7.Setting aside and striking out interrogatories
• Rule 8.Affidavit in answer, filing
• Rule 9.Form of affidavit in answer
• Rule 10.No exception to be taken
• Rule 11.Order to answer or answer further
• Rule 12.Application for discovery of documents
• Rule 13.Affidavit of documents
• Rule 14.Production of documents
• Rule 15.Inspection of documents referred to in pleadings or affidavits
• Rule 16.Notice to produce
• Rule 17.Time for inspection when notice given
• Rule 18.Order for inspection
• Rule 19.Verified copies
• Rule 20.Premature discovery
• Rule 21.Non-compliance with order for discovery
• Rule 22.Using answer to interrogatories at trial
• Rule 23.Order to apply to minors

ORDER XI Disclosure, Discovery and inspection of documents in suits before the commercial division of a high court or a commercial court

• Rule 1.Disclosure and discovery of documents
• Rule 2.Discovery by interrogatories
• Rule 3.Inspection
• Rule 4.Admission and denial of documents
• Rule 5.Production of documents
• Rule 6.Electronic records
• Rule 7.Certain provisions of the Code of Civil Procedure, 1908 not to apply

ORDER XII Admissions

• Rule 1.Notice of admission of case
• Rule 2.Notice to admit documents
• Rule 2A.Document to be deemed to be admitted if not denied after service of notice to admit documents
• Rule 3.Form of notice
• Rule 3A.Power of Court to record admission
• Rule 4.Notice to admit acts
• Rule 5.Form of admissions
• Rule 6.Judgment on admissions
• Rule 7.Affidavit of signature
• Rule 8.Notice to produce documents
• Rule 9.Costs

ORDER XIII Production, Impounding and Return of Documents

• Rule 1.Original documents to be produced at or before the settlement of issues
• Rule 2.Effect of non-production of documents
• Rule 3.Rejection of irrelevant or inadmissible documents
• Rule 4.Endorsements on documents admitted in evidence
• Rule 5.Endorsements on copies of admitted entries in books, accounts and records
• Rule 6.Endorsements on documents rejected an inadmissible in evidence
• Rule 7.Recording of admitted and return of rejected documents
• Rule 8.Court may order any document to be impounded
• Rule 9.Return of admitted documents
• Rule 10.Court may send for papers from its own records or from other Courts
• Rule 11.Provisions as to documents applied to material objects

ORDER XIII-A Summary Judgment

• Rule 1.Scope of and classes of suits to which this Order applies
• Rule 2.Stage for application for summary judgment
• Rule 3.Grounds for summary judgment
• Rule 4.Procedure
• Rule 5.Evidence for hearing of summary judgment
• Rule 6.Orders that may be made by Court
• Rule 7.Conditional order
• Rule 8.Power to impose costs

ORDER XIV Settlement of Issues and Determination of Suit on Issues of Law or on Issues agreed upon

• Rule 1.Framing of issues
• Rule 2.Court to pronounce judgment on all issues
• Rule 3.Materials from which issues may be framed
• Rule 4.Court may examine witnesses or documents before framing issues
• Rule 5.Power to amend and strike out, issues
• Rule 6.Questions of fact or law may by agreement be stated in form of issues
• 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

• Rule 1.Parties not at issue
• Rule 2.One of several defendants not at issue
• Rule 3.Parties at issue
• Rule 4.Failure to produce evidence

ORDER XV-A Case Management Hearing

• Rule 1.First Case Management Hearing
• Rule 2.Orders to be passed in a Case Management Hearing
• Rule 3.Time limit for the completion of a trial
• Rule 4.Recording of oral evidence on a day-to-day basis
• Rule 5.Case Management Hearings during a trial
• Rule 6.Powers of the Court in a Case Management Hearing
• Rule 7.Adjournment of Case Management Hearing
• Rule 8.Consequences of non-compliance with orders

ORDER XVI Summoning and Attendance of Witnesses

• Rule 1.List of witnesses and summons to witnesses
• Rule 1A.Production of witnesses without summons
• Rule 2.Expenses of witness to be paid into Court on applying for summons
• Rule 3.Tender of expenses to witness
• Rule 4.Procedure where insufficient sum paid in
• Rule 5.Time, place and purpose of attendance to be specified in summons
• Rule 6.Summons to produce document
• Rule 7.Power to require persons present in Court to give evidence or produce document
• Rule 7A.Summons given to the party for service
• Rule 8.Summons how served
• Rule 9.Time for serving summons
• Rule 10.Procedure where witness fails to comply with summons
• Rule 11.If witness appears, attachment may be withdrawn
• Rule 12.Procedure if witness fails to appear
• Rule 13.Mode of attachment
• Rule 14.Court may of its own accord summon as witnesses strangers to suit
• Rule 15.Duty of persons summoned to give evidence or produce document
• Rule 16.When they may depart
• Rule 17.Application of rules 10 to 13
• Rule 18.Procedure where witness apprehended cannot give evidence or produce document
• Rule 19.No witness to be ordered to attend in person unless resident within certain limits
• Rule 20.Consequence of refusal of party to give evidence when called on by Court
• Rule 21.Rules as to witnesses to apply to parties summoned

ORDER XVI A Attendance of witnesses confined or detained in prisons

• Rule 1.Definitions
• Rule 2.Power to require attendance of prisoners to give evidence
• Rule 3.Expenses to be paid into Court
• Rule 4.Power of State Government to exclude certain persons from the operation of rule 2
• Rule 5.Officer in charge of prison to abstain from carrying out order in certain cases
• Rule 6.Prisoner to be brought to Court in custody
• Rule 7.Power to issue commission for examination of witness in prison

ORDER XVII Adjournment

• Rule 1.Court may grant time and adjourn hearing
• Rule 2.Procedure if parties fail to appear on day fixed
• Rule 3.Court may proceed notwithstanding either party fails to produce evidence, etc

ORDER XVIII Hearing of the suit and examination of witnesses

• Rule 1.Right to begin
• Rule 2.Statement and production of evidence
• Rule 3.Evidence where several issues
• Rule 3A.Party to appear before other witnesses
• Rule 4.Recording of evidence
• Rule 5.How evidence shall be taken in appealable cases
• Rule 6.When deposition to be interpreted
• Rule 7.Evidence under section 138
• Rule 8.Memorandum when evidence not taken down by Judge
• Rule 9.When evidence may be taken in English
• Rule 10.Any particular question and answer may be taken down
• Rule 11.Questions objected to and allowed by Court
• Rule 12.Remarks on demeanour of witnesses
• Rule 13.Memorandum of evidence in unappealable cases
• Rule 14.Judge unable to make such memorandum to record reasons of his inability
• Rule 15.Power to deal with evidence taken before another Judge
• Rule 16.Power to examine witness immediately
• Rule 17.Court may recall and examine witness
• Rule 17A.Production of evidence not previously known or which could not be produced despite due diligence
• Rule 18.Power of Court to inspect
• Rule 19.Power to get statements recorded on commission

ORDER XIX Affidavits

• Rule 1.Power to order any point to be proved by affidavit
• Rule 2.Power to order attendance of deponent for cross-examination
• Rule 3.Matters to which affidavits shall be confined
• Rule 4.Court may control evidence
• Rule 5.Redacting or rejecting evidence
• Rule 6.Format and guidelines of affidavit of evidence

ORDER XX Judgment and decree

• Rule 1.Judgment when pronounced
• Rule 2.Power to pronounce judgment written by judge’s predecessor
• Rule 3.Judgment to be signed
• Rule 4.Judgments of Small Cause Courts
• Rule 5.Court to state its decision on each issue
• Rule 5A.Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders
• Rule 6.Contents of decree
• Rule 6A.Preparation of decree
• Rule 6B.Copies of judgments when to be made available
• Rule 7.Date of decree
• Rule 8.Procedure where Judge has vacated office before signing decree
• Rule 9.Decree for recovery of immovable property
• Rule 10.Decree for delivery of movable property
• Rule 11.Decree may direct payment by instalments
• Rule 12.Decree for possession and mesne profits
• Rule 12A.Decree for specific performance of contract for the sale or lease of immovable property
• Rule 13.Decree in administration suit
• Rule 14.Decree in pre-emption suit
• Rule 15.Decree in suit for dissolution of partnership
• Rule 16.Decree in suit for account between principal and agent
• Rule 17.Special directions as to accounts
• Rule 18.Decree in suit for partition of property or separate possession of a share therein
• Rule 19.Decree when set-off or counter-claim is allowed
• Rule 20.Certified copies of judgment and decree to be furnished

ORDER XXA Costs

• Rule 1.Provisions relating to certain items
• 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

• Rule 1.Modes of paying money under decree
• Rule 2.Payment out of Court to decree-holder

Courts executing decrees

• Rule 3.Lands situate in more than one jurisdiction
• Rule 4.Transfer to Court of Small Causes
• Rule 5.Mode of transfer
• Rule 6.Procedure where Court desires that its own decree shall be executed by another Court
• Rule 7.Court receiving copies of decree, etc., to file same without proof
• Rule 8.Execution of decree or order by Court to which it is sent
• Rule 9.Execution by High Court of decree transferred by other Court

Application for execution

• Rule 10.Application for execution
• Rule 11.Oral application
• Rule 11A.Application for arrest to state grounds
• Rule 12.Application for attachment of movable property not in judgment-debtor’s possession
• Rule 13.Application for attachment of immovable property to contain certain particulars
• Rule 14.Power to require certified extract from Collector’s register in certain cases
• Rule 15.Application for execution by Joint decree-holders
• Rule 16.Application for execution by transferee of decree
• Rule 17.Procedure on receiving application for execution of decree
• Rule 18.Execution in case of cross-decrees
• Rule 19.Execution in case of cross-claims under same decree
• Rule 20.Cross-decrees and cross-claims in mortgage suits
• Rule 21.Simultaneous execution
• Rule 22.Notice to show cause against execution in certain cases
• Rule 22A.Sale not be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale
• Rule 23.Procedure after issue of notice

Process for execution

• Rule 24.Process for execution
• Rule 25.Endorsement on process

Stay of execution

• Rule 26.When Court may stay execution
• Rule 27.Liability of judgment-debtor discharged
• Rule 28.Order of Court which passed decree or of Appellate Court to be binding upon Court applied to
• Rule 29.Stay of execution pending suit between decree-holder and judgment-debtors

Mode of execution

• Rule 30.Decree for payment of money
• Rule 31.Decree for specific movable property
• Rule 32.Decree for specific performance for restitution of conjugal rights, or for an injunction
• Rule 33.Discretion of Court in executing decrees for restitution of conjugal rights
• Rule 34.Decree for execution of document, or endorsement of negotiable instrument
• Rule 35.Decree for immovable property
• Rule 36.Decree for delivery of immovable property when in occupancy of tenant
• Rule 37.Discretionary power to permit judgment-debtor to show cause against detention in prison
• Rule 38.Warrant for arrest to direct judgment-debtor to be brought up
• Rule 39.Subsistence allowance
• Rule 40.Proceedings on appearance of judgment-debtor in obedience to notice or after arrest

Attachment of property

• Rule 41.Examination of judgment-debtor as to his property
• Rule 42.Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined
• Rule 43.Attachment of movable property, other than agricultural produce, in possession of judgment-debtor
• Rule 43A.Custody of movable property
• Rule 44.Attachment of agricultural produce
• Rule 45.Provisions as to agricultural produce under attachment
• Rule 46.Attachment of debt, share and other property not in possession of judgment-debtor
• Rule 46A.Notice to garnishee
• Rule 46B.Order against garnishee
• Rule 46C.Trial of disputed questions
• Rule 46D.Procedure where debt belongs to third person
• Rule 46E.Order as regards third person
• Rule 46F.Payment by garnishee to be valid discharge
• Rule 46G.Costs
• Rule 46H.Appeals
• Rule 46I.Application to negotiable instruments
• Rule 47.Attachment of share in movables
• Rule 48.Attachment of salary or allowances of servant of the Government or railway company or local authority
• Rule 48A.Attachment of salary or allowances of private employees
• Rule 49.Attachment of partnership property
• Rule 50.Execution of decree against firm
• Rule 51.Attachment of negotiable instruments
• Rule 52.Attachment of property in custody of Court or public officer
• Rule 53.Attachment of decrees
• Rule 54.Attachment of immovable property
• Rule 55.Removal of attachment after satisfaction of decree
• Rule 56.Order for payment of coin or currency notes to party entitled under decree
• Rule 57.Determination of attachment

Adjudication of claims and objections

• Rule 58.Adjudication of claims to or objections to attachment of property
• Rule 59.Stay of sale
• Rule 60.Release of property from attachment
• Rule 61.Disallowance of claim to property attached
• Rule 62.Continuance of attachment subject to claim of incumbrancer
• Rule 63.Saving of suits to establish right to attached property

Sale generally

• Rule 64.Power to order property attached to be sold and proceeds to be paid to person entitled
• Rule 65.Sales by whom conducted and how made
• Rule 66.Proclamation of sales by public auction
• Rule 67.Mode of making proclamation
• Rule 68.Time of sale
• Rule 69.Adjournment or stoppage of sale
• Rule 70.Saving of certain sales
• Rule 71.Defaulting purchaser answerable for loss on re-sale
• Rule 72.Decree-holder not to bid for or buy property without permission
• Rule 72A.Mortgagee not to bid at sale without the leave of the Court
• Rule 73.Restriction on bidding or purchase by officers

Sale of movable property

• Rule 74.Sale of agricultural produce
• Rule 75.Special provisions relating to growing crops
• Rule 76.Negotiable instruments and shares in corporations
• Rule 77.Sale by public auction
• Rule 78.Irregularity not to vitiate sale, but any person injured may sue
• Rule 79.Delivery of movable property, debts and shares
• Rule 80.Transfer of negotiable instruments and shares
• Rule 81.Vesting order in case of other property

Sale of immovable property

• Rule 82.What Court may order sales
• Rule 83.Postponement of sale to enable judgment-debtor to raise amount of decree
• Rule 84.Deposit by purchaser and re-sale on default
• Rule 85.Time for payment in full of purchase money
• Rule 86.Procedure in default of payment
• Rule 87.Notification on re-sale
• Rule 88.Bid of co-sharer to have preference
• Rule 89.Application to set aside sale on deposit
• Rule 90.Application to set aside sale on ground of irregularity or fraud
• Rule 91.Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
• Rule 92.Sale when to become absolute or be set aside
• Rule 93.Return of purchaser-money in certain cases
• Rule 94.Certificate to purchaser
• Rule 95.Delivery of property in occupancy of judgment-debtor
• Rule 96.Delivery of property in occupancy of tenant

Resistance of delivery of possession to decree-holder or purchaser

• Rule 97.Resistance or obstruction to possession of immovable property
• Rule 98.Orders after adjudication
• Rule 99.Dispossession by decree-holder or purchaser
• Rule 100.Order to be passed upon application complaining of dispossession
• Rule 101.Question to be determined
• Rule 102.Rules not applicable to transferee pendente lite
• Rule 103.Orders to be treated as decrees
• Rule 104.Orders under rule 101 or rule 103 to be subject to the result or pending suit
• Rule 105.Hearing of application
• Rule 106.Setting aside orders passed ex parte, etc

ORDER XXII Death, Marriage and Insolvency or Parties

• Rule 1.No abatement by party’s death if right to sue survives
• Rule 2.Procedure where one of several plaintiffs or defendants dies and right to sue survives
• Rule 3.Procedure in case of death of one of several plaintiffs or of sole plaintiff
• Rule 4.Procedure in case of death of one of several defendants or of sole defendant
• Rule 4A.Procedure where there is no legal representative
• Rule 5.Determination of question as to legal representative
• Rule 6.No abatement by reason of death after hearing
• Rule 7.Suit not abated by marriage of female party
• Rule 8.When plaintiff's insolvency bars suit
• Rule 9.Effect of abatement or dismissal
• Rule 10.Procedure in case of assignment before final order in suit
• Rule 10A.Duty of pleader to communicate to Court death of a party
• Rule 11.Application of Order to appeals
• Rule 12.Application of Order to proceedings

ORDER XXIII Withdrawal and Adjustment of Suits

• Rule 1.Withdrawal of suit or abandonment of part of claim
• Rule 1A.When transposition of defendants as plaintiffs may be permitted
• Rule 2.Limitation law not affected by first suit
• Rule 3.Compromise of suit
• Rule 3A.Bar to suit
• Rule 3B.No agreement or compromise to be entered in a representative suit without leave of Court
• Rule 4.Proceedings in execution of decrees not affected

ORDER XXIV Payment into Court

• Rule 1.Deposit by defendant of amount in satisfaction of claim
• Rule 2.Notice of deposit
• Rule 3.Interest on deposit not allowed to plaintiff after notice
• Rule 4.Procedure where plaintiff accepts deposit as satisfaction in part

ORDER XXV Security for Costs

• Rule 1.When security for costs may be required from plaintiff
• Rule 2.Effect of failure to furnish security

ORDER XXVI COMMISSIONS

Commissions to examine witnesses

• Rule 1.Cases in which Court may issue commission to examine witness
• Rule 2.Order for commission
• Rule 3.Where witness resides within Court’s jurisdiction
• Rule 4.Persons for whose examination commission may issue
• Rule 4A.Commission for examination of any person resident within the local limits of the jurisdiction of the Court
• Rule 5.Commission or request to examine witness not within India
• Rule 6.Court to examine witness pursuant to Commission
• Rule 7.Return of commission with depositions of witnesses
• Rule 8.When depositions may be read in evidence

Commissions for local investigations

• Rule 9.Commissions to make local investigations
• Rule 10.Procedure of Commissioner
• Rule 10A.Commission for scientific investigation
• Rule 10B.Commission for performance of a ministerial act
• Rule 10C.Commission for the sale of movable property

Commissions to examine accounts

• Rule 11.Commission to examine or adjust accounts
• Rule 12.Court to give Commissioner necessary instructions

Commissions to make partitions

• Rule 13.Commission to make partition of immovable property
• Rule 14.Procedure of Commissioner

General provisions

• Rule 15.Expenses of commission to be paid into court
• Rule 16.Powers of commissioners
• Rule 16A.Questions objected to before the Commissioner
• Rule 17.Attendance and examination of witnesses before Commissioner
• Rule 18.Parties to appear before Commissioner
• Rule 18A.Application of order to execution proceedings
• Rule 18B.Court to fix a time for return of commission

Commissions issued at the instance of foreign Tribunals

• Rule 19.Cases in which High Court may issue commission to examine witness
• Rule 20.Application for issue of commission
• Rule 21.To whom commission may be issued
• Rule 22.Issue, execution and return of commissions, and transmission of evidence to foreign Court

ORDER XXVII Suits by or against the government or public officers in their official capacity

• Rule 1.Suits by or against Government
• Rule 2.Persons authorised to act for Government
• Rule 3.Plaints in suits by or against Government
• Rule 4.Agent for Government to receive process
• Rule 5.Fixing of day for appearance on behalf of Government
• Rule 5A.Government to be joined as a party in a suit against a public officer
• Rule 5B.Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement
• Rule 6.Attendance of person able to answer questions relating to suit against Government
• Rule 7.Extension of time to enable public officer to make reference to Government
• Rule 8.Procedure in suits against public officer
• Rule 8A.No security to be required from Government or a public officer in certain cases
• Rule 8B.Definitions of “Government” and “Government pleader”

ORDER XXVII A validity of any statutory instrument

• Rule 1.Notice to the Attorney General or the Advocate-General
• Rule 1A.Procedure in suits involving validity of any statutory instrument
• Rule 2.Court may add Government as party
• Rule 2A.Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument
• Rule 3.Costs
• Rule 4.Application of Order to appeals

ORDER XXVIII Suits by or against military or naval men or airmen

• Rule 1.Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them
• Rule 2.Person so authorised may act personally or appoint pleader
• Rule 3.Service on person so authorised, or on his pleader, to be good service

ORDER XXIX Suits by or against corporations

• Rule 1.Subscription and verification of pleading
• Rule 2.Service on corporation
• Rule 3.Power to require personal attendance of officer of corporation

ORDER XXX Suits by or against firms and persons carrying on business in names other than their own

• Rule 1.Suing of partners in name of firm
• Rule 2.Disclosure of partners’ names
• Rule 3.Service
• Rule 4.Rights of suit on death of partner
• Rule 5.Notice in what capacity served
• Rule 6.Appearance of partners
• Rule 7.No appearance except by partners
• Rule 8.Appearance under protest
• Rule 9.Suits between co-partners
• Rule 10.Suit against person carrying on business in name other than his own

ORDER XXXI Suits by or against trustees, executors and administrators

• Rule 1.Representation of beneficiaries in suits concerning property vested in trustees, etc
• Rule 2.Joinder of trustees, executors and administrators
• Rule 3.Husband of married executrix not to join

ORDER XXXII Suits by or against minors and persons of unsound mind

• Rule 1.Minor to sue by next friend
• Rule 2.Where suit is instituted without next friend, plaint to be taken off the file
• Rule 2A.Security to be furnished by next friend when so ordered
• Rule 3.Guardian for the suit to be appointed by Court for minor defendants
• Rule 3A.Decree against minor not to be set aside unless prejudice has been caused to his interest
• Rule 4.Who may act as next friend or he appointed guardian for the suit
• Rule 5.Representation of minor by next friend or guardian for the suit
• Rule 6.Receipt by next friend or guardian for the suit of property under decree for minor
• Rule 7.Agreement or compromise by next friend or guardian for the suit
• Rule 8.Retirement of next friend
• Rule 9.Removal of next friend
• Rule 10.Stay of proceedings on removal, etc., of next friend
• Rule 11.Retirement, removal or death of guardian for the suit
• Rule 12.Course to be followed by minor plaintiff or applicant on attaining majority
• Rule 13.Where minor co-plaintiff attaining majority desires to repudiate suit
• Rule 14.Unreasonable or improper suit
• Rule 15.Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind
• Rule 16.Savings

ORDER XXXII-A Suits relating to matters concerning the family

• Rule 1.Application of the Order
• Rule 2.Proceedings to be held in camera
• Rule 3.Duty of Court to make efforts for settlement
• Rule 4.Assistance of welfare expert
• Rule 5.Duty to enquire into facts
• Rule 6.“Family”

ORDER XXXIII Suits by indigent persons

• Rule 1.Suits may be instituted by [indigent persons.]
• Rule 1A.Inquiry into the means of an indigent person
• Rule 2.Contents of application
• Rule 3.Presentation of application
• Rule 4.Examination of applicant
• Rule 5.Rejection of application
• Rule 6.Notice of day for receiving evidence of applicant’s indigency
• Rule 7.Procedure at hearing
• Rule 8.Procedure if application admitted
• Rule 9.Withdrawal of permission to sue as an [indigent person]
• Rule 9A.Court to assign a pleader to an unrepresented indigent person
• Rule 10.Costs where [indigent person] succeeds
• Rule 11.Procedure where [indigent person] fails
• Rule 11A.Procedure where [indigent person] suit abates
• Rule 12.State Government may apply for payment of court-fees
• Rule 13.State Government to be deemed a party
• Rule 14.Recovery of amount of court-fees
• Rule 15.Refusal to allow applicant to sue as [an indigent person] to bar subsequent application of like nature
• Rule 15A.Grant of time for payment of court-fee
• Rule 16.Costs
• Rule 17.Defence by an indigent person
• Rule 18.Power of Government to provide for free legal services to indigent persons

ORDER XXXIV Suits relating to mortgages of immovable property

• Rule 1.Parties to suits for foreclosure sale and redemption
• Rule 2.Preliminary decree in foreclosure suit
• Rule 3.Final decree in foreclosure suit
• Rule 4.Preliminary decree in suit for sale
• Rule 5.Final decree in suit for sale
• Rule 6.Recovery of balance due on mortgage in suit for sale
• Rule 7.Preliminary decree in redemption suit
• Rule 8.Final decree in redemption suit
• Rule 8A.Recovery of balance due on mortgage in suit for redemption
• Rule 9.Decree where nothing is found due or where mortgagee has been overpaid
• Rule 10.Costs of mortgagee subsequent to decree
• Rule 10A.Power of Court to direct mortgagee to pay mesne profits
• Rule 11.Payment of interest
• Rule 12.Sale of property subject to prior mortgage
• Rule 13.Application of proceeds
• Rule 14.Suit for sale necessary for bringing mortgaged property to sale
• Rule 15.Mortgages by the deposit of title deeds and charges

ORDER XXXV INTERPLEADER

• Rule 1.Plaint in interpleader suit
• Rule 2.Payment of thing claimed into Court
• Rule 3.Procedure where defendant is suing plaintiff
• Rule 4.Procedure at first hearing
• Rule 5.Agents and tenants may not institute interpleader suits
• Rule 6.Charge for plaintiff’s costs

ORDER XXXVI SPECIAL CASE

• Rule 1.Power to state case for Court’s opinion
• Rule 2.Where value of subject-matter must be stated
• Rule 3.Agreement to be filed and registered as suit
• Rule 4.Parties to be subject to Court’s jurisdiction
• Rule 5.Hearing and disposal of case
• Rule 6.No appeal from a decree passed under rule 5

ORDER XXXVII SUMMARY PROCEDURE

• Rule 1.Courts and classes of suits to which the Order is to apply
• Rule 2.Institution of summary suits
• Rule 3.Procedure for the appearance of defendant
• Rule 4.Power to set aside decree
• Rule 5.Power to order bill, etc., to be deposited with officer of Court
• Rule 6.Recovery of cost of noting non-acceptance of dishonoured bill or note
• Rule 7.Procedure in suits

ORDER XXXVIII ARREST AND ATTACHMENT BEFORE JUDGMENT

Arrest before judgment

• Rule 1.Where defendant may be called upon to furnish security for appearance
• Rule 2.Security
• Rule 3.Procedure on application by surety to be discharged
• Rule 4.Procedure where defendant fails to furnish security or find fresh security

• Rule 5.Where defendant may be called upon to furnish security for production of property
• Rule 6.Attachment where cause not shown or security not furnished
• Rule 7.Mode of making attachment
• Rule 8.Adjudication of claim to property attached before judgment
• Rule 9.Removal of attachment when security furnished or suit dismissed
• Rule 10.Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale
• Rule 11.Property attached before judgment not to be re-attached in execution of decree
• Rule 11A.Provisions applicable to attachment
• Rule 12.Agricultural produce not attachable before judgment
• Rule 13.Small Cause Court not to attach immovable property

ORDER XXXIX TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

Temporary injunctions

• Rule 1.Cases in which temporary injunction may be granted
• Rule 2.Injunction to restrain repetition or continuance of breach
• Rule 2A.Consequence of disobedience or breach of injunction
• Rule 3.Before granting injunction, Court to direct notice to opposite party
• Rule 3A.Court to dispose of application for injunction within thirty days
• Rule 4.Order for injunction may be discharged, varied or set aside
• Rule 5.Injection to corporation binding on its officer

• Rule 6.Power to order interim sale
• Rule 7.Detention, preservation, inspection, etc., of subject-matter of suit
• Rule 8.Application for such orders to be after notice
• Rule 9.When party may be put in immediate possession of land the subject-matter of suit
• Rule 10.Deposit of money, etc., in Court

ORDER XL APPOINTMENT OF RECEIVERS

• Rule 1.Appointment of receivers
• Rule 2.Remuneration
• Rule 3.Duties
• Rule 4.Enforcement of receiver’s duties
• Rule 5.When Collector may he appointed receiver

ORDER XLI APPEALS FROM ORIGINAL DECREES

• Rule 1.Form of appeal. What to accompany memorandum
• Rule 2.Grounds which may be taken in appeal
• Rule 3.Rejection or amendment of memorandum
• Rule 3A.Application for condonation of delay
• Rule 4.One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all

Stay of proceedings and of execution

• Rule 5.Stay by Appellate Court
• Rule 6.Security in case of order for execution of decree appealed from
• Rule 7.No security to be required from the Government or a public officer in certain cases
• Rule 8.Exercise of power in appeal from order made in execution of decree

Procedure on admission of appeal

• Rule 9.Registry of memorandum of appeal
• Rule 10.Appellate Court may require appellant to furnish security for costs
• Rule 11.Power to dismiss appeal without sending notice to Lower Court
• Rule 11A.Time within which hearing under rule 11 should be concluded
• Rule 12.Day for hearing appeal
• Rule 13.Appellate Court to give notice to Court whose decree appealed from
• Rule 14.Publication and service of notice of day for hearing appeal
• Rule 15.Contents of notice

Procedure on hearing

• Rule 16.Right to begin
• Rule 17.Dismissal of appeal for appellants’ default
• Rule 18.Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit cost
• Rule 19.Re-admission of appeal dismissed for default
• Rule 20.Power to adjourn hearing and direct persons appearing interested to be made respondents
• Rule 21.Re-hearing on application of respondent against whom ex parte decree made
• Rule 22.Upon hearing respondent may object to decree as if he had preferred separate appeal
• Rule 23.Remand of case by Appellate Court
• Rule 23A.Remand in other cases
• Rule 24.Where evidence on record sufficient Appellate Court may determine case finally
• Rule 25.Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
• Rule 26.Findings and evidence to be put on record. Objections to findings
• Rule 26A.Order of remand to mention date of next hearing
• Rule 27.Production of additional evidence in Appellate Court
• Rule 28.Mode of taking additional evidence
• Rule 29.Points to be defined and recorded

Judgment in appeal

• Rule 30.Judgment when and where pronounced
• Rule 31.Contents, date and signature of judgment
• Rule 32.What judgment may direct
• Rule 33.Power of Court of Appeal
• Rule 34.Dissent to be recorded

Decree in appeal

• Rule 35.Date and contents of decree
• Rule 36.Copies of judgment and decree to be furnished to parties
• Rule 37.Certified copy of decree to be sent to Court whose decree appealed from

ORDER XLII APPEALS FROM APPELLATE DECREES

• Rule 1.Procedure
• Rule 2.Power of Court to direct that the appeal be heard on the question formulated by it
• Rule 3.Application of rule 14 of Order XLI

ORDER XLIII APPEALS FROM ORDERS

• Rule 1.Appeal from orders
• Rule 1A.Right to challenge non-appealable orders in appeal against decrees
• Rule 2.Procedure

ORDER XLIV APPEALS BY INDIGENT PERSONS

• Rule 1.Who may appeal [as an indigent person]
• Rule 2.Grant of time for payment of court-fee
• Rule 3.Inquiry as to whether applicant is an indigent person

ORDER XLV APPEALS TO THE SUPREME COURT

• Rule 1.“Decree” defined
• Rule 2.Application to Court whose decree complained of
• Rule 3.Certificate as to value or fitness
• Rule 4.Consolidation of suits
• Rule 5.Remission of dispute to Court of first instance
• Rule 6.Effect of refusal of certificate
• Rule 7.Security and deposit required on grant of certificate
• Rule 8.Admission of appeal and procedure thereon
• Rule 9.Revocation of acceptance of security
• Rule 9A.Power to dispense with notices in case of deceased parties
• Rule 10.Power to order further security or payment
• Rule 11.Effect of failure to comply with order
• Rule 12.Refund of balance deposit
• Rule 13.Powers of Court pending appeal
• Rule 14.Increase of security found inadequate
• Rule 15.Procedure to enforce orders of the Supreme Court
• Rule 16.Appeal from order relating to execution
• Rule 17.Appeals to Federal Court

ORDER XLVI REFERENCE

• Rule 1.Reference of question to High Court
• Rule 2.Court may pass decree contingent upon decision of High Court
• Rule 3.Judgment of High Court to be transmitted and case disposed of accordingly
• Rule 4.Cost of reference to High Court
• Rule 4A.Reference to High Court under proviso to section 113
• Rule 5.Power to alter, etc., decree of Court making reference
• Rule 6.Power to refer to High Court questions as to jurisdiction in small causes
• Rule 7.Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes

ORDER XLVII REVIEW

• Rule 1.Application for review of judgment
• Rule 2.To whom applications for review may be made
• Rule 3.Form of applications for review
• Rule 4.Application where rejected
• Rule 5.Application for review in Court consisting of two or more Judges
• Rule 6.Application where rejected
• Rule 7.Order of rejection not appealable. Objections to order granting application
• Rule 8.Registry of application granted, and order for re-hearings
• Rule 9.Bar of certain application

ORDER XLVIII MISCELLANEOUS

• Rule 1.Process to be served at expense of party issuing
• Rule 2.Orders and notices how served
• Rule 3.Use of forms in appendices

ORDER XLIX CHARTERED HIGH COURTS

• Rule 1.Who may serve processes of High Court
• Rule 2.Saving in respect of Chartered High Courts
• Rule 3.Application of rules

ORDER L PROVINCIAL. SMALL CAUSE COURTS

• Rule 1.Provincial Small Cause Courts

ORDER LI PRESIDENCY SMALL CAUSE COURTS

• Rule 1.Presidency Small Cause Courts