A Digest of Civil Procedure Prevalent in British India, Nide 1

Etukansi
Church mission Press, 1877

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Courts to try all civil suits unless specially barred
14
CHAPTER II
20
Procedure where they are subordinate to different High Courts
24
Suits for compensation for wrongs to person or moveables
26
CHAPTER III
30
Recognized agents Persons holding powersofattorney from par
36
CHAPTER V
42
Particulars to be contained in plaintIn money suits Where plaintiff sues as a representative Defendants interest and liabi lity to be shown Grounds of e...
50
Plaint to be subscribed and verified
51
Contents of verification Verification to be signed and attested
52
When the plaint may be rejected returned for amendment or amendedProviso Attestation of amendment
53
When the plaint shall be rejected
54
Procedure on rejecting a plaint
55
When rejection of plaint does not preclude presentation of fresh plaint
56
When the plaint shall be returned to be presented to the proper Court Procedure on returning plaint
57
Procedure on admitting plaint Concise statements Register of suits
58
Production of document on which plaintiff sues Delivery of do cument or copy List of other documents
59
Statement in case of documents not in his possession or power
60
Suits on lost negotiable instruments
61
Production of shopbook Original entry to be marked and return
62
Inadmissibility of document not produced when plaint filed
63
Summons
64
Copy of statement annexed to summons
65
Court may order defendant or plaintiff to appear in person
66
No party to be ordered to appear in person unless resident within 50 or where there is a railway 200 miles
67
Summons to be either to settle issues or for final disposal
68
Fixing day for appearance of defendant
69
Summons to order defendant to produce documents required by plaintiff or relied on by defendant 71 On issue of summons or final disposal parties ...
70
Delivery of summons for service
72
Mode of service
73
Service on several defendants
74
Service to be on defendant in person when practicable or on his agent
75
Service on agent by whom defendant carries on bussiness
76
Service on agent in charge in suits for immoveable property
77
CHAPTER IX
78
Application for order of inspection
86
CHAPTER XI
92
OF THE SUMMONING AND ATTENDANCE OF WITNESSES
98
Sections
99
Summons to attend to give evidence or produce documents 160 Expenses of witnesses to be paid into Court on applying for summons Scale of expe...
100
Procedure where defendant appears on day of adjourned hearing
101
Summons to produce document 165 Power to require persons present in Court to give evidence 166 Summons how served 167 Time for serving su...
102
Power to order any point to be proved by affidavit 195 When evidence may be given by affidavit 196 Matters to which affidavits shall be confined ...
114
CHAPTER XVII
116
Contents of decree Power to amend decree 207 Decree for recovery of portion of immoveable property 208 Decree for delivery of moveable proper...
118
Application by joint decreeholder 232 Application by transferree of decree 233 Transferree to hold subject to equities enforceable against original ho...
144
Contents of application for execution of decree 236 Application for attachment of immoveable property to be accom panied with inventory 237 App...
150
When application must be accompanied by extract from Collectors register O Of staying Execution 239 When Court may stay execution 240 Power t...
152
Question to be decided by Court executing decree E Of the mode of executing Decrees
154
Court may grant time or adjourn heariug Costs of adjournment
156
Cross decree 247 Crossclaims under same decree
158
Notice to show cause why decree should not be executed Proviso 249 Procedure after issue of notice 250 Warrant when to issue
160
Date signature seal and delivery 252 Decree against representative of deceased for money to be paid out of deceaseds property 253 Decree against su...
162
Modes of paying money under decree 258 Payment of money out of Court to decreeholder
164
Decree for specific moveables or recovery of wives 260 Decree for specific performance or restitution of conjugal rights 261 Decree for execution o...
166
Form and effect of execution of conveyance by Court 263 Decree for immoveable property 264 Delivery of immoveable property when in occupan...
168
If witness appears attachment may be withdrawn
169
Procedure if witness fails to appear
170
Court may of its own accord summon as witnesses strangers to suit
171
Persons summoned to give evidence must attend
172
When they may depart
173
Consequences of nonattendance Consequences of refusal to give evidence or produce documents
174
Precedure when witness absconds
175
Persons summoned to attend in person if so required
176
Consequence of refusal of party to give evidence when called on by the Court
177
Rules as to witnesses to apply to parties summoned
178
Statement and production of evidence by party having right to begin Rules as to right to begin
179
Statement and production of evidence by other party Reply by party beginning
180
Witnesses to be examined in open Court
181
How evidence shall be taken in appealable cases
182
When witness may require his deposition to be interpreted
183
Memorandum when evidence is not taken down by Judge
184
When the evidence may be taken in English
185
Any particular question and answer may be taken down
186
Questions objected
187
Remarks on demeanour of witnesses
188
Memorandum of evidence in unappealable cases
189
Judge unable to make such memorandum to record reason of his inability
190
Power to deal with evidence taken down by Judge removed before conclusion of suit
191
Power to examine witness immediately
192
Court may recall and examine witness
193
Decree for money
206
Decree for mesne profits or other matter amount of which to be subsequently ascertained
255
Sales by whom conducted and how made
286
Proclamation of sales by public auction Rules to be made by High Court
287
CHAPTER IV
iv
Power to stay proceedings where all defendants do not reside
20
Indemnity of Judges
25
Suit how to be framed
42
Mode of making proclamation 290 Time of sale
47

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Sivu lxxv - ... that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is...
Sivu 314 - ... such further or other relief as the nature of the case may require.
Sivu 288 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.
Sivu 40 - Order, the plaintiff may unite in the same action several causes of action, but if it appear to the Court or a Judge that any such causes of action cannot be conveniently tried or disposed of together, the Court or Judge may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.
Sivu 288 - ... or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Sivu 114 - ... 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 or trial...
Sivu xxiii - That by an agreement dated the day of 187 , it was agreed by and between the plaintiff and the defendant that the plaintiff...
Sivu 384 - Act, the court may, either of its own motion or on the application of any...
Sivu 30 - Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff...
Sivu 44 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.

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