Chapter 12 Appendixes
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Section Appendix A: Pleadings
• Titles of SuitsMore
• Description of Parties in Particular Cases
• Plaints- • Money Lent
• Money Overpaid
• Goods Sold at a Fixed Price and Delivered
• Goods Sold at a Reasonable Price and Delivered
• Goods Made at Dependent’s Request, and not Accepted
• Deficiency Upon a Re-sale Goods Sold at Auction
• Services at a Reasonable Rate
• Services and Materials at a Reasonable Cost
• Use and Occupation
• On an Award
• On a Foreign Judgment
• Against Surety for Payment of Rent
• Breach of Agreement to Purchase Land
• Not Delivering Goods Sold
• Wrongful Dismissal
• Breach of Contract to Serve
• Against a Builder for Defective Workmanship
• On a Bond for the Fidelity of a Clerk
• By Tenant against Landlord, with Special Damage
• On an Agreement of Indemnity
• Procuring Property by Fraud
• Fraudulently Procuring Credit to be given to another Person
• Polluting the Water under the Plaintiff’s Land
• Carrying on a Noxious Manufacture
• Obstructing a Right of Way
• Obstructing a Highway
• Diverting a Water-course
• Obstructing a Right to Use Water for Irrigation
• Injuries Caused by Negligence on a Railroad
• Injuries Caused by Negligent Driving
• For Malicious Prosecution
• Movables Wrongfully Detained
• Against a Fraudulent Purchaser and his Transferee with Notice
• Rescission of a Contract on the Ground of Mistake
• An Injunction Restraining Waste
• Injunction Restraining Nuisance
• Public Nuisance
• Injunction against the Diversion of a Water-course
• Restoration of Movable Property Threatened with Destruction and for an Injuction
• Interpleader
• Administration by Creditor on Behalf of Himself and all Other Creditors
• Administration by Specific Legatee
• Administration by Pecuniary Legatee
• Execution of Trusts
• Foreclosure or Sale
• Redemption
• Specific Performance (No. 1)
• Specific Performance (No. 2)
• Partnership
• Written Statements- • General Defences-
- • Denial
• Limitation
• Jurisdiction
• Insolvency
• Minority
• Payment into Court
• Performance remitted
• Rescission
• Res judicata
• Estoppel
• Ground of defence subsequent to institution of suit-- • Defence in Suits for Goods Sold and Delivered
• Defence in Suits on Bonds
• Defence In Suits On Guarantees
• Defence In Any Suit For Debt
• Defence In Suits For Injuries Caused By Negligent Driving
• Defence In All Suits For Wrongs
• Defence In Suits For Detention Of Goods
• Defence In Suits For Infringement Of Copyright
• Defence In Suits For Infringement Of Trade Mark
• Defence In Suits Relating To Nuisances
• Defence To Suit For Foreclosure
• Defence To Suit For Redemption
• Defence To Suit For Specific Performance
• Defence In Administration Suit By Pecuniary Legatee
• Probate Of Will In Solemn
• Particulars (Order 6, Rule 5)
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Section Appendix B: Process
• Summons For Disposal Of Suit (Order 5, Rules 1, 5)More
• Summons For Settlement Of Issues (Order 5, Rules 1, 5)
• Summons To Appear In Person (Order 5, Rule 3)
• Summons in a Summary Suit (Order 37, Rule 2)
4A. Summons for Judgement in a Summary Suit (Order 37, Rule 3)
• Notice to Person who, the Court Considers, should be added as Co-Plaintiff (Order 1, Rule 10)
• Summons to Legal Representative of a Deceased Defendant (Order 22, Rule 4)
• Order for Transmission of Summons for Service in the Jurisdiction of another Court (Order 5, Rule 21)
• Order for Transmission of Summons to be Served on a Prisoner (Order 5, Rule 25)
• Order for Transmission of Summons to be Served on a Public Servant or Soldier (Order 5, Rules 27, 28)
• To Accompany Returns of Summons of Another Court (Order 5, Rule 23)
• Affidavit Of Process-service To Accompany Return Of A Summons Or Notice (Order 5, Rule 18)
• Notice To Defendant (Order 9, Rule 6)
• Summons To Witness (Order 16, Rules 1, 5)
• Proclamation Requiring Attendance Of Witness (Order 16, Rule 10)
• Proclamation Requiring Attendance Of Witness (Order 16, Rule 10)
• Warrant Of Attachment Of Property Of Witness (Order 16, Rule 10)
• Warrant Of Arrest Of Witness (Order 16, Rule 10)
• Warrant Of Committal (Order 16, Rule 16)
• Warrant Of Committal (Order 16, Rule 18)
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Section Appendix C: Discovery, Inspection and Admission
• Order for Delivery of Interrogatories (Order 11, Rule 1)More
• Interrogatories (Order 11, Rule 4)
• Answer To Interrogatories (Order 11, Rule 9)
• Order for Affidavit as to Documents (Order 11, Rule 12)
• Affidavit as to Documents (Order 11, Rule 13)
• Order to Produce Documents for Inspection (Order 11, Rule 14)
• Notice to Produce Documents (Order 11, Rule 16)
• Notice to Inspect Documents (Order 11, Rule 17)
• Notice to Admit Documents (Order 12, Rule 3)
• Notice to Admit Facts (Order 12, Rule 5)
• Admission of Facts Pursuant to Notice (Order 12, Rule 5)
• Notice to Produce (General Form) (Order 12, Rule 8) -
Section Appendix D: Decrees
• Decree in Original Suit (Order 20, Rules 6, 7)More
• Simple Money Decree (Section 34)
• Preliminary Decree for Foreclosure (Order 34, Rule 2 – Where accounts are directed to be taken)
3A. Preliminary Decree for Foreclosure (Order 34, Rule 2 – Where the Court declares the amount due)
• Final Decree for Foreclosusre (Order 34, Rule 3)
• Preliminary Decree for Sale (Order 34, Rule 4 – Where accounts are directed to be taken)
5A. Preliminary Decree for Sale (Order 34, Rule 4 – When the Court declares the amount due)
• Final Decree for Sale (Order 34, Rule 5)
• Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Foreclosure is Passed (Order 34, Rule 7 – Where accounts are directed to be taken)
7A. Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Sale is Passed (Order 34, Rule 7 – Where accounts are directed to be taken)
7B. Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Foreclosure is Passed (Order 34, Rule 7 – Where the Court declares the amount due)
7C. Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Sale is Passed (Order 34, rule 7 – Where the Court declares the amount due)
7D. Final Decree for Foreclosure in a Redemption Suit on Default of Payment by Mortgagor (Order 34, Rule 8)
7E. Final Decree for Sale in a Redemption on Suit on Default of Payment by Mortgagor (Order 34, Rule 8)
7F. Final Decree in a Suit for Foreclosure, Sale or Redemption where the Mortgagor Pays the Amount of the Decree (Order 34, Rules 3, 5, 8)
• Decree against Mortgagor Personally for Balance after the Sale of the Mortgaged Property (Order 34, Rules 6, 8A)
• Preliminary Decree for Foreclousre of Sale – Plaintiff 1st Mortgagee, vs. Defendant No. 1 Mortgagor, Defendant No. 2 2nd Mortgagee. (Order 34, Rules 2, 4)
• Preliminary Decree for Redemption of Prior Mortgage and Foreclosure of Sale on Subsequent Mortgage – Plaintiff 1st Mortgagee, vs Defendant No. 1 Mortgagor, Defendant No. 2 2nd Mortgagee. (Order 34, rules 2, 4 and 7)
• Preliminary Decree for Sale – Plaintiff Sub or Derivative mortgagee vs. Defendant No. 1 Mortgagor, Defendant No. 2 Original Mortgagee. (Order 34, Rule 4)
• Decree for Rectification of Instrument
• Decree to Set Aside a Transfer in Fraud of Creditors
• Injunction Against Private Nuisance
• Injunction against Building Higher than Old Level
• Injunction Restraining Use of Private Road
• Preliminary Decree in an Administration-Suit
• Final Decree in an Administration-Suit by a Legatee
• Preliminary Decree in an Administration-Suit by a Legatee, where an Executor is held Personally Liable for the Payment of Legacies
• Final Decree in an Administration-Suit by Next-of-Kin
• Preliminary Decree in a Suit for Dissolution of Partnership and the Taking of Partnership Accounts
• Final Decree in a Suit for Dissolution of Partnership and the Taking of Partnership Accounts
• Decree for Recovery of Land and Mesne Profit
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Section Appendix E: Execution
• Notice to Show Cause Why a Payment or Adjustment should not be Recorded as Certified (Order 21, Rule 2)More
• Precept (Section 46)
• Order Sending Decree for Execution to another Court (Order 21, Rule 6)
• Certificate of Non-Satisfaction of Decree (Order 21, Rule 6)
• Certificate of Execution of Decree Transferred to Another Court (Order 21, Rule 6)
• Application for Execution of Decree (Order 21, Rule 11)
• Notice to Show Cause Why Execution should not Issue (Order 21, Rule 16)
• Warrant of Attachment for Movable Property in Execution of a Decree for Money (Order 21, Rule 30)
• Warrant for Seizure of Specific Movable Property Adjudged by Decree (Order 21, Rule 31)
• Notice to State Objection to Draft of Document (Order 21, Rule 34)
• Warrant to the Belief to Give Possession of Land, etc. (Order 21, Rule 35)
• Notice to Show Cause Why Warrant of Arrest should not Issue (Order 21, Rule 37)
• Warrant of Arrest in Execution (Order 21, Rule 38)
• Warrant of Commital of Judgment-Debtor to Jail (Order 21, Rule 40)
• Order for the Release of a Person Imprisoned in Execution of a Decree (Sections 58, 59)
• Attachment in Execution Prohibitory Order, where the Property to be Attached Consists of Movable Property to which the Defendant is Entitled Subject to a lien or Right of some other Person to the Immediate Possession thereof (Order 21, Rule 46)
16A. Affidavit of Assets to be made by a Judgment-debtor (Order 21, Rule 41(2))
• Attachment in Execution Prohibitory Order, where the Property Consists of Debts not Secured by Negotiable Instruments (Order 21, Rule 46)
• Attachment in Execution Prohibitory Order, where the Property Consists of Shares in the Capital of a Corporation (Order 21, Rule 46)
• Order to Attach Salary of Public Officer or Servant of Railway Company or Local Authority (Order 21, Rule 48)
• Order of Attachment of Negotiable Instrument (Order 21, Rule 51)
• Attachment Prohibitory Order, where the Property Consists of Money or of any Security in the Custody of a Court of Justice of Public Officer (Order 21, Rule 52)
• Notice of Attachment of a Decree to the Court which Passed it (Order 21, Rule 52)
• Notice of Attachment of a Decree to the Holder of the Decree (Order 21, Rule 53)
• Attachment in Execution Prohibitory Order, Where the Property Consists of Immovable Property (Order 21, Rule 54)
• Order for Payment to the Plaintiff, etc., of Money, etc., in the Hands of a Third Party (Order 21, Rule 56)
• Notice to Attaching Creditor (Order 21, Rule 58)
• Warrant of Sale of Property in Execution of a Decree for Money (Order 21, Rule 66)
• Notice of the Day Fixed for Setting a Sale Proclamation (Order 21, Rule 66)
• Proclamation of Sale (Order 21, Rule 66)
• Order on the Nazir for Causing Service of Proclamation of Sale (Order 21, Rule 66)
• Certificate by Officer Holding a Sale of the Deficiency of Price on a Re-sale of Property by Reason of the Purchaser’s Default (Order 21, Rule 71)
• Notice to Person in Possession of Movable Property Sold in Execution (Order 21, Rule 79)
• Prohibitory Order against Payment of Debts Sold in Execution to any Other than the Purchaser (Order 21, Rule 79)
• Prohibitory Order against the Transfer of Share Sold in Execution (Order 21, Rule 79)
• Certificate to Judgment-debtor Authorising him to Mortgage Lease or Sell Property (Order 21, Rule 83)
• Notice to Show Cause Why Sale should not be Set Aside (Order 21, Rules 90, 92)
• Notice to Show Cause Why Sale should not be Set Aside (Order 21, Rules 91, 92)
• Certificate of Sale of Land (Order 21, Rule 94)
• Order for Delivery to Certified Purchaser of Land at a Sale in Execution (Order 21, Rule 95)
• Summons to Appear and Answer Charge of Obstructing Execution of Decree (Order 21, Rule 97)
• Warrant of Committal (Order 21, Rule 98)
• Authority of the Collector to Stay Public Sale of Land (Section 72)
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Section Appendix F: Supplemental Proceedings
• Warrant of Arrest before Judgment (Order 38, Rule 1)More
• Security for Appearance of a Defendant Arrested before Judgment (Order 38, Rule 2)
• Summons to Defendant to Appear on Surety’s Application For Discharge (Order 38, Rule 3)
• Order For Committal (Order 38, Rule 4)
• Attachment before Judgment, with Order to Call for Security for Fulfilment of Decree (Order 38, Rule 5)
• Security for the Production of Property (Order 38, Rule 5)
• Attachment before Judgment, on Proof of Failure to Furnish Security (Order 38, Rule 6)
• Temporary Injunctions (Order 39, Rule 1)
• Appointment of a Receiver (Order 40, Rule 1)
• Bond to be Given by Receiver (Order 40, Rule 3)
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Section Appendix G: Appeal, Reference and Review
• Memorandum of Appeal (Order 41, Rule 1)More
• Security Bond to be Given on Order Being Made to Stay Execution of Decree (Order 41, Rule 5)
• Security Bond to be Given During the Pendency of Appeal (Order 41, Rule 6)
• Security for Costs of Appeal (Order 41, Rule 10)
• Intimation to Lower Court of Admission of Appeal (Order 41, Rule 13)
• Notice to Respondent of the Day Fixed for the Hearing of the Appeal (Order 41, Rule 14)
• Notice to a Party to a Suit not made a Party to the Appeal but Joined by the Court as a Respondent (Order 41, Rule 20)
• Memorandum of Cross Objection (Order 41, Rule 22)
• Decree in Appeal (Order 41, Rule 35)
• Application to Appeal in BIforma pauperis (Order 44, Rule 1)
• Notice of Appeal In BIforma pauperis (Order 44, Rule 1)
• Notice to Show Cause why a Certificate of Appeal to the Supreme Court should not be Granted (Order 43, Rule 3)
• Notice to Respondent of Admission of Appeal to the Supreme Court (Order 45, Rule 8)
• Notice to Show Cause Why a Review should not be Granted (Order 47, Rule 4) -
Section Appendix H: Miscellaneous
• Agreement of Parties as to Issues to be Tried (Order 14, Rule 6)More
• Notice of Application for the Transfer of a Suit to Another Court for Trial (Section 24)
2A. List of Witnesses Proposed to be Called by Plaintiff/Defendant (Order 16, Rule 1)
• Notice of Payment into Court (Order 24, Rule 2)
• Notice to Show Cause (General Form)
• List of Documents Produced by Plaintiff/Defendant (Order 13, Rule 1)
• Notice to Parties of the Day Fixed for Examination of a Witness about to Leave the Jurisdiction (Order 18, Rule 16)
• Commission to Examine Absent Witness (Order 26, Rules 4, 18)
• Letter of Request (Order 26, Rule 5)
• Commission for a Local Investigation, or to Examine Accounts (Order 26, Rules 9, 11)
• Commission to Make a Partition (Order 26, Rule 13)
• Notice to Certificated, Natural, or, De-facto Guardian (Order 32, Rule 3)
11A. Notice to Minor Defendant (Order 32, Rule 3)
• Notice to Opposite Party of Day Fixed for Hearing Evidence of Pauperism (Order 33, Rule 6)
• Notice to Surety of his Liability Under a Decree (Section 145)
• Register of Appeals (Order 41, Rule 9)