Appendix APPENDIX B. APPENDIX B
PROCESS
NO. 1 SUMMONS FOR DISPOSAL OF SUIT. (O. 5, r. 1, 5) (Title) To [Name, description and place of residence] WHEREAS ; has instituted a suit against you for you are hereby summoned to appear in this court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of 19, at o'clock in the noon, to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this day of 19. Judge. NOTICE.
1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses. 2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
No. 2 SUMMONS FOR SETTLEMENT OF ISSUES, (O. 5, rr. 1, 5) (Title) To [Name, description and place of residence] WHEREAS has instituted a suit against you for you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of 19 , o’ clock in the noon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence 1[and to file on or before that date your written statement]. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. 1 Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. GIVEN under my hand and the seal of the Court, this day of 19 . Judge. NOTICE.
1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses. 2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
NO. 3 SUMMONS TO APPEAR IN PERSON (O. 5, r. 3) (Title) To [Name, description and place of residence] WHEREAS has instituted a suit against you for you are hereby summoned to appear in this court in person on the day of 19 , at o'clock in the noon, to answer the claim: and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court this day of 19 . Judge.
NO. 4 SUMMONS IN SUMMARY SUIT ON NEGOTIABLE INSTRUMENT (O. 37, r. 2) (Title) To, [Name, description and place of residence] WHEREAS has institute a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs. , balance of principal and interest due to him as the of a which a copy is hereto annexed, you are hereby summoned to obtain leave from the Court within ten days from the service hereof to appear and defend the suit, and within such time to cause an appearance to be entered for you. In default whereof the plaintiff will be entitled at any time after the expiration of such ten days to obtain a decree for any sum not exceeding the sum of Rs. and the sum of Rs. for costs 1[together with such interest, if any, from the date of the institution of the suit as the Court may order]. Leave to appear may be obtained on an application to the Court supported by affidavit or declaration showing that there is a defence to the suit on the merits or that it is reasonable that you should be allowed to appear in the suit. GIVEN under my hand and the seal of the Court, this day of 19 . Judge.
NO. 5 NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF (O. I, r. 10) (Title) To [Name, description and place of residence] WHEREAS has instituted the above suit against for and whereas it appears necessary that you should be added as a plaintiff in the said suit in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved: Take notice that you should on or before the day of 19 , signify to this Court whether you consent to be so added. GIVEN under my hand and the seal of the Court, this day of 19 . Judge.
NO. 6 SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT (O. 22, r. 4) (Title) To WHEREAS the plaintiff instituted a suit in this Court on the day of 19 , against the defendant who has since deceased, and whereas the said plaintiff has made an application to this Court alleging that you are the legal representative of the said deceased, and desiring that you be made the defendant in his stead: 1 Ins. by the Negotiable Instruments (Interest) Act, 1926 (30 of 1926), s.4. You are hereby summoned to attend in this Court on the day of 19 , at A.M. to defend the said suit and: in default of your appearance on the day specified, the said suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this day of 19. Judge.
NO. 7 ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICI ION OF ANOTHER COURT (O. 5, r. 21) (Title) TO WHEREAS it is stated that defendant/witness in the above suit is at present residing in : it is ordered that a summons returnable on the day of 19 , be forwarded to the Court of for service on the said defendant/witness with a duplicate of this proceeding. The court-fee of chargeable in respect to the summons has been realized in this Court in stamps. Dated 19 . Judge.
NO. 8 ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PRISONER (O. 5, r. 24) (Title) To The Superintendent of the Jail at UNDER the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant who is a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you. Judge
NO. 9 ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER. (O. 5, rr. 27, 28) (Title) To UNDER the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Criminal Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant who is stated to be serving under you. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon, by you. Judge.
NO. 10 TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT (O. 5, r. 23) (Title) Read proceeding from the forwarding for service on in Suit No. of 19 of that Court. Read Serving officer's endorsement stating that the and proof of the above having been duly taken by me on the oath of and it is ordered that the be returned to the with a copy of this proceeding. Judge. NOTE.
This form will be applicable to process other summons, the service which may have to be effected in the same manner.
No. 11 AFFIDAVIT OF PROCESS TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE (O. 5, r. 18) (Title) The Affidavit of son of I. make oath/affirm and say as follows:
(1) I am a process-server of this Court.
(2) On the day of 19 , I received a summons/notice issued by the Court of in Suit No. of 19 in the said Court, dated the day of 19 , for service on .
(3) the said was at the time personally known to me and I served the said summons/notice on him/her on the day of 19 , at about o'clock in the noon at by tendering a copy thereof him/her and requiring his/her signature to the original summons/notice.
(a)
(b)
(a) Here state whether the person served signed or refused to sign the process, and in whose presence.
(b) Signature of process-server. or,
(3) The said not being personally known to me accompanied me to and pointed out to me a person whom he stated to be the said , and I served the said summons/notice on his/her on the day of 19, at about o'clock in the noon at by tendering a copy thereof to him /her and requiring his/her signature to the original summons/notice.
(a)
(b)
(a) Here state whether the person served signed or refused to sign the process and in whose presence.
(b) Signature of process-server. or,
(3) The said and the house in which he ordinarily resides being personally known to me, I went to the said house, in and thereon the day of 19 , at about o'clock in the noon, I did not find the said.
(a)
(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rule 15 and 17.
(b) Signature of process-server. or,
(3) One accompanied me to and there pointed out to me which he said was the house in which ordinarily resides. I did not find the said there.
(a)
(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17.
(b) Signature of process-server. or, If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service. Sworn/Affirmed by the said before me this day of 19 . Empowered under section 139 of the Code of Civil Procedure, 1908 to administer the oath to deponents.
NO. 12 [NOTICE TO DEFENDANT (O. 9, r. 6)] (Title) To [Name, description and place of residence] WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons; Notice is hereby given to you that the hearing of the suit is adjourned this day and that the day of 19 is now fixed for the hearing of the same; in default of your appearance on the day last mentioned the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this day of 19 . Judge.
No. 13 SUMMONS TO WITNESS (O. 16, rr. 1, 5) (Title) To WHEREAS your attendance is required to on behalf of the in the above suit, you are hereby required [personally] to appear this Court on the day of 19 , at o'clock in the forenoon, and to bring with you [or to send to this Court]. A sum of Rs. , being your travelling and other expenses and subsistence allowance for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908. GIVEN under my hand and the seal of the Court, this day of 19 . Judge. NOTICE.
(1) If you are summoned only to produce a document and not to evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.
(2) If you are detained beyond the day aforesaid, a sum of Rs. will be tendered to you for each day's attendance beyond the day specified.
NO. 14. PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10) (Title) To WHEREAS it appears from the examination on oath of the serving officer that the summons could not be served upon the witness in the manner prescribed by law: and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons : This proclamation is therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the day of 19 at o'clock in the forenoon and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law. GIVEN Under my hand and the seal of the Court, this day of 19 . Judge. NO. 15 PROCLAMATION REQUIRING ATTENDANCE OF WITNESS. (O. 16, r. 10) (Title) To, WHEREAS it appears from the examination on oath of the serving officer that the summons has been duly served upon the witness, and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such summons : This proclamation is therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued, requiring the attendance of the witness in this Court on the day of 19 at o'clock in the forenoon, and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law. GIVEN under my hand and the seal of the Court this day of 19. Judge
NO. 16 WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10) (Title) To The Bailiff of the Court. WHEREAS the witness cited by has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court ; you are hereby directed to hold under attachment property belonging to the said witness to the value of and to submit a return, accompanied with an inventory thereof, within days. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
NO. 17 WARRANT OF ARREST OF WITNESS. (O. 16, r. 10) (Title) To The Bailiff of the Court. WHEREAS has been duly served with a summons but has failed to attend [absconds and keeps out of the way for the purpose of avoiding service of a summons] ; You are hereby ordered to arrest and bring the said before the Court. You are further ordered to return this warrant on or before the day of 19 with an endorsement certifying the day on and the manner in which it has been executed, or the reason why it has not been executed. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
NO. 18 WARRANT OF COMMITTAL (O. 16, r. 16) (Title) To The Officer in charge of the Jail at . WHEREAS the plaintiff (or defendant) in the above-named suit has made application to this Court that security be taken for the appearance of to give evidence (or to produce a document), on the day of 19 ; and whereas the Court has called upon the said to furnish such security, which he has failed to do ; This is to require you to receive the said into your custody in the civil prison and to produce him before this Court at on the said day and on such other day or days as may be hereafter ordered. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
NO. 19. WARRANT OF COMMITTAL. (O. 16, r. 18) (Title) To The Officer in charge of the Jail at WHEREAS , whose attendance is required before this Court in the above-named case to give evidence (or to produce a document) ,has been arrested and brought before the Court in custody; and whereas owing to the absence of the plaintiff (or defendant), the said cannot give such evidence (or produce such document); and whereas the Court has called upon the said to give security for his appearance on the day of 19 , at which he has failed to do; This is to require you to receive the said into your custody in the civil prison and to produce him before this Court at on the day of 19 . GIVEN under my hand and the seal of the Court, this day of 19 . Judge
NO. 1 SUMMONS FOR DISPOSAL OF SUIT. (O. 5, r. 1, 5) (Title) To [Name, description and place of residence] WHEREAS ; has instituted a suit against you for you are hereby summoned to appear in this court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of 19, at o'clock in the noon, to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this day of 19. Judge. NOTICE.
1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses. 2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
No. 2 SUMMONS FOR SETTLEMENT OF ISSUES, (O. 5, rr. 1, 5) (Title) To [Name, description and place of residence] WHEREAS has instituted a suit against you for you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of 19 , o’ clock in the noon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence 1[and to file on or before that date your written statement]. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. 1 Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. GIVEN under my hand and the seal of the Court, this day of 19 . Judge. NOTICE.
1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses. 2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
NO. 3 SUMMONS TO APPEAR IN PERSON (O. 5, r. 3) (Title) To [Name, description and place of residence] WHEREAS has instituted a suit against you for you are hereby summoned to appear in this court in person on the day of 19 , at o'clock in the noon, to answer the claim: and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court this day of 19 . Judge.
NO. 4 SUMMONS IN SUMMARY SUIT ON NEGOTIABLE INSTRUMENT (O. 37, r. 2) (Title) To, [Name, description and place of residence] WHEREAS has institute a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs. , balance of principal and interest due to him as the of a which a copy is hereto annexed, you are hereby summoned to obtain leave from the Court within ten days from the service hereof to appear and defend the suit, and within such time to cause an appearance to be entered for you. In default whereof the plaintiff will be entitled at any time after the expiration of such ten days to obtain a decree for any sum not exceeding the sum of Rs. and the sum of Rs. for costs 1[together with such interest, if any, from the date of the institution of the suit as the Court may order]. Leave to appear may be obtained on an application to the Court supported by affidavit or declaration showing that there is a defence to the suit on the merits or that it is reasonable that you should be allowed to appear in the suit. GIVEN under my hand and the seal of the Court, this day of 19 . Judge.
NO. 5 NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF (O. I, r. 10) (Title) To [Name, description and place of residence] WHEREAS has instituted the above suit against for and whereas it appears necessary that you should be added as a plaintiff in the said suit in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved: Take notice that you should on or before the day of 19 , signify to this Court whether you consent to be so added. GIVEN under my hand and the seal of the Court, this day of 19 . Judge.
NO. 6 SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT (O. 22, r. 4) (Title) To WHEREAS the plaintiff instituted a suit in this Court on the day of 19 , against the defendant who has since deceased, and whereas the said plaintiff has made an application to this Court alleging that you are the legal representative of the said deceased, and desiring that you be made the defendant in his stead: 1 Ins. by the Negotiable Instruments (Interest) Act, 1926 (30 of 1926), s.4. You are hereby summoned to attend in this Court on the day of 19 , at A.M. to defend the said suit and: in default of your appearance on the day specified, the said suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this day of 19. Judge.
NO. 7 ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICI ION OF ANOTHER COURT (O. 5, r. 21) (Title) TO WHEREAS it is stated that defendant/witness in the above suit is at present residing in : it is ordered that a summons returnable on the day of 19 , be forwarded to the Court of for service on the said defendant/witness with a duplicate of this proceeding. The court-fee of chargeable in respect to the summons has been realized in this Court in stamps. Dated 19 . Judge.
NO. 8 ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PRISONER (O. 5, r. 24) (Title) To The Superintendent of the Jail at UNDER the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant who is a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you. Judge
NO. 9 ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER. (O. 5, rr. 27, 28) (Title) To UNDER the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Criminal Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant who is stated to be serving under you. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon, by you. Judge.
NO. 10 TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT (O. 5, r. 23) (Title) Read proceeding from the forwarding for service on in Suit No. of 19 of that Court. Read Serving officer's endorsement stating that the and proof of the above having been duly taken by me on the oath of and it is ordered that the be returned to the with a copy of this proceeding. Judge. NOTE.
This form will be applicable to process other summons, the service which may have to be effected in the same manner.
No. 11 AFFIDAVIT OF PROCESS TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE (O. 5, r. 18) (Title) The Affidavit of son of I. make oath/affirm and say as follows:
(1) I am a process-server of this Court.
(2) On the day of 19 , I received a summons/notice issued by the Court of in Suit No. of 19 in the said Court, dated the day of 19 , for service on .
(3) the said was at the time personally known to me and I served the said summons/notice on him/her on the day of 19 , at about o'clock in the noon at by tendering a copy thereof him/her and requiring his/her signature to the original summons/notice.
(a)
(b)
(a) Here state whether the person served signed or refused to sign the process, and in whose presence.
(b) Signature of process-server. or,
(3) The said not being personally known to me accompanied me to and pointed out to me a person whom he stated to be the said , and I served the said summons/notice on his/her on the day of 19, at about o'clock in the noon at by tendering a copy thereof to him /her and requiring his/her signature to the original summons/notice.
(a)
(b)
(a) Here state whether the person served signed or refused to sign the process and in whose presence.
(b) Signature of process-server. or,
(3) The said and the house in which he ordinarily resides being personally known to me, I went to the said house, in and thereon the day of 19 , at about o'clock in the noon, I did not find the said.
(a)
(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rule 15 and 17.
(b) Signature of process-server. or,
(3) One accompanied me to and there pointed out to me which he said was the house in which ordinarily resides. I did not find the said there.
(a)
(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17.
(b) Signature of process-server. or, If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service. Sworn/Affirmed by the said before me this day of 19 . Empowered under section 139 of the Code of Civil Procedure, 1908 to administer the oath to deponents.
NO. 12 [NOTICE TO DEFENDANT (O. 9, r. 6)] (Title) To [Name, description and place of residence] WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons; Notice is hereby given to you that the hearing of the suit is adjourned this day and that the day of 19 is now fixed for the hearing of the same; in default of your appearance on the day last mentioned the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this day of 19 . Judge.
No. 13 SUMMONS TO WITNESS (O. 16, rr. 1, 5) (Title) To WHEREAS your attendance is required to on behalf of the in the above suit, you are hereby required [personally] to appear this Court on the day of 19 , at o'clock in the forenoon, and to bring with you [or to send to this Court]. A sum of Rs. , being your travelling and other expenses and subsistence allowance for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908. GIVEN under my hand and the seal of the Court, this day of 19 . Judge. NOTICE.
(1) If you are summoned only to produce a document and not to evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.
(2) If you are detained beyond the day aforesaid, a sum of Rs. will be tendered to you for each day's attendance beyond the day specified.
NO. 14. PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10) (Title) To WHEREAS it appears from the examination on oath of the serving officer that the summons could not be served upon the witness in the manner prescribed by law: and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons : This proclamation is therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the day of 19 at o'clock in the forenoon and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law. GIVEN Under my hand and the seal of the Court, this day of 19 . Judge. NO. 15 PROCLAMATION REQUIRING ATTENDANCE OF WITNESS. (O. 16, r. 10) (Title) To, WHEREAS it appears from the examination on oath of the serving officer that the summons has been duly served upon the witness, and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such summons : This proclamation is therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued, requiring the attendance of the witness in this Court on the day of 19 at o'clock in the forenoon, and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law. GIVEN under my hand and the seal of the Court this day of 19. Judge
NO. 16 WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10) (Title) To The Bailiff of the Court. WHEREAS the witness cited by has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court ; you are hereby directed to hold under attachment property belonging to the said witness to the value of and to submit a return, accompanied with an inventory thereof, within days. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
NO. 17 WARRANT OF ARREST OF WITNESS. (O. 16, r. 10) (Title) To The Bailiff of the Court. WHEREAS has been duly served with a summons but has failed to attend [absconds and keeps out of the way for the purpose of avoiding service of a summons] ; You are hereby ordered to arrest and bring the said before the Court. You are further ordered to return this warrant on or before the day of 19 with an endorsement certifying the day on and the manner in which it has been executed, or the reason why it has not been executed. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
NO. 18 WARRANT OF COMMITTAL (O. 16, r. 16) (Title) To The Officer in charge of the Jail at . WHEREAS the plaintiff (or defendant) in the above-named suit has made application to this Court that security be taken for the appearance of to give evidence (or to produce a document), on the day of 19 ; and whereas the Court has called upon the said to furnish such security, which he has failed to do ; This is to require you to receive the said into your custody in the civil prison and to produce him before this Court at on the said day and on such other day or days as may be hereafter ordered. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
NO. 19. WARRANT OF COMMITTAL. (O. 16, r. 18) (Title) To The Officer in charge of the Jail at WHEREAS , whose attendance is required before this Court in the above-named case to give evidence (or to produce a document) ,has been arrested and brought before the Court in custody; and whereas owing to the absence of the plaintiff (or defendant), the said cannot give such evidence (or produce such document); and whereas the Court has called upon the said to give security for his appearance on the day of 19 , at which he has failed to do; This is to require you to receive the said into your custody in the civil prison and to produce him before this Court at on the day of 19 . GIVEN under my hand and the seal of the Court, this day of 19 . Judge