Appendix APPENDIX H. APPENDIX H
MISCELLANEOUS
No.1 AGREEMENT OF PARTIES AS TO ISSUES TO BE TRIED (O. 14, r. 6) (Title) WHEREAS we, the parties, in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the day of 19 and filed as Exhibit in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be) : We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue, will pay to the said the sum of Rs. (or such suit as the Court shall hold to be due thereon, and I, the said , will accept the said sum of Rs. (or such as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said , will do or abstain from doing, etc., etc] Plaintiff Defendant Witnesses
1. 2. Dated the day of 19 .
No. 2 NOTICE OF APPLICATION FOR THE TRANSFER OF A SUIT TO ANOTHER COURT FOR TRIAL (SECTION 24) In the Court of the District Judge of No. of 19 To WHEREAS an application, dated the day of 19 has been made to this Court by the in Suit No. 19 now pending in the Court of the at , in which is plaintiff and is defendant, for the transfer of the suit for trial to the Court of the at You are hereby informed that the day of 19 has been fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 3 NOTICE OF PAYMENT INTO COURT. (O. 24, r. 2) (Title) TAKE notice that the defendant has paid into Court Rs. and says that that sum is sufficient to satisfy the plaintiff`s claim in full. X. Y., Pleader for the defendant. To Z., Pleader for the plaintiff
No.4 NOTICE TO SHOW CAUSE. (GENERAL FORM) (Title) To, WHEREAS the above-named has made application to this Court that . You are hereby warned to appear in this Court in person or by a pleader duly instructed on the day of 19 , at o'clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determined ex parte. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No.5 LIST OF DOCUMENTS PRODUCED BY PLAINTIFF (O. 13, r.1) DEFENDANT (Title) No. Description of Date, if any, Signature of party or documents which the pleader document bears 1 2 3 4
No.6 NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS ABOUT TO LEAVE THE JURISDICTION. (O. 18, r. 16) (Title) To Plaintiff (or defendant). WHEREAS in the above suit application has been made to the Court by that the examination of , a witness required by the said , in the said suit may be taken immediately ; and it has been shown to the Court's satisfaction that the said witness is about to leave the Court's jurisdiction (or any other good and suffi- cient cause to be stated): TAKE notice that the examination of the said witness will be taken by the Court on the day of 19 . Dated the day of 19 . Judge
No.7 COMMISSION TO EXAMINE ABSENT WITNESS. (O. 26, rr. 4, 18) (Title) To WHEREAS the evidence of is required by the in the above suit ; and whereas ; you are requested to take the evidence on interrogatories [or viva voce] of such witness , and you are hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties or their agents if in attendance, who will be at liberty to question the witness on the points specified, and you are further requested to make return of such evidence as soon as it may be taken. Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your application. A sum of Rs. , being your fee in the above, is herewith forwarded. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No.8 LETTER OF REQUEST (O. 26, r. 5) (Title) (Heading:
To the President and Judges of, etc., etc., or as the case may be) WHEREAS a suit is now pending in the in which A. B. is plaintiff and C.D. is defendant ; And the said suit the plaintiff claims. And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say : E. F., of G., H., of and I. J., of And it appearing that such witnesses are resident within the jurisdiction of your honourable Court; Now I , as the of the said Court, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you as the President and Judges of the said ,or some one or more of you, will be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend such examination. And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court. (Note.
If the request is directed to a Foreign Court, the words “through 1[the 2[Federal Government]] for transmission” should be inserted after the words “other witnesses” in the last line of this form.)
No. 9 COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS (O. 26, rr. 9, 11) (Title) To WHEREAS it is deemed requisite, for the purposes of this suit, that a commission for should be issued; You are hereby appointed Commissioner for the purpose of Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application. A sum of Rs. , being your fee in the above, is herewith forwarded. GIVEN under my hand and the seal the Court, this day of 19 . Judge
No. 10 COMMISSION TO MAKE A PARTITION. (O. 26, r. 13) (Title) To WHEREAS it is deemed requisite for the purposes of this suit that a commission shouId be issued to make the partition or separation of the property spceified in and according to the rights as declared in, the decree of this Court dated the day of 19; you are here by appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares 1 Subs. by A.O., 1949. 2 Subs. by F.A.O., 1975, Art. 2 and Table. set out in the said decree, and to a lot such shares to the several parties. You are hereby authorised to award sums to be paid to any party by any other party for the purpose of equalizing the value of the shares. process to compel the attendance before you of any witness, or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application. A sum of Rs. , being your fee in the above, I herewith forwarded. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 11 NOTICE TO MINOR DEFENDANT AND GUARDIAN. (O. 32, r. 3) (Title) To Minor Defendant. Natural Guardian. Here inset the name of the guardian WHEREAS an application has been presented on the part of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant, you, the said minor, and you
(1) ,are hereby required to take notice that unless within days from the service upon you of this notice, an application is made to this Court for the appointment of you
(1) or of some friend of you, the minor, to act as guardian for the suit, the Court will proceed to appoint some other person to act as a guardian to the minor for the purposes of the said suit. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 12 NOTICE TO OPPOSITE PARTY OF DAY FIXED FOR HEARING EVIDENCE OF PAUPERISM. (O. 33, r. 6) (Title) To WHEREAS has applied to this Court for permission to institute a suit against in forma pauperis under Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject the application; and whereas he day of 19 has been fixed for receiving such evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may be adduced in disproof thereof: Notice is hereby given to you under rule 6 of Order XXXIII that in case you may wish to offer any evidence to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said day of 19 GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 13 NOTICE TO SURETY OF HIS LIABILITY UNDER A DECREE (Section145) (Title) To WHEREAS you did on become liable as surety for the performance of any decree which might be passed against the said defendant in the above suit; and whereas a decree was passed on the day of 19 against the said defendant for the payment of , and whereas application has been made for execution of the said decree against you : Take notice that you are hereby required on or before the day of 19 to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, within the time specified, shown to the satisfaction of the Court, an order for its execution will be forthwith issued in the terms of the said application. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No.1 AGREEMENT OF PARTIES AS TO ISSUES TO BE TRIED (O. 14, r. 6) (Title) WHEREAS we, the parties, in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the day of 19 and filed as Exhibit in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be) : We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue, will pay to the said the sum of Rs. (or such suit as the Court shall hold to be due thereon, and I, the said , will accept the said sum of Rs. (or such as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said , will do or abstain from doing, etc., etc] Plaintiff Defendant Witnesses
1. 2. Dated the day of 19 .
No. 2 NOTICE OF APPLICATION FOR THE TRANSFER OF A SUIT TO ANOTHER COURT FOR TRIAL (SECTION 24) In the Court of the District Judge of No. of 19 To WHEREAS an application, dated the day of 19 has been made to this Court by the in Suit No. 19 now pending in the Court of the at , in which is plaintiff and is defendant, for the transfer of the suit for trial to the Court of the at You are hereby informed that the day of 19 has been fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 3 NOTICE OF PAYMENT INTO COURT. (O. 24, r. 2) (Title) TAKE notice that the defendant has paid into Court Rs. and says that that sum is sufficient to satisfy the plaintiff`s claim in full. X. Y., Pleader for the defendant. To Z., Pleader for the plaintiff
No.4 NOTICE TO SHOW CAUSE. (GENERAL FORM) (Title) To, WHEREAS the above-named has made application to this Court that . You are hereby warned to appear in this Court in person or by a pleader duly instructed on the day of 19 , at o'clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determined ex parte. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No.5 LIST OF DOCUMENTS PRODUCED BY PLAINTIFF (O. 13, r.1) DEFENDANT (Title) No. Description of Date, if any, Signature of party or documents which the pleader document bears 1 2 3 4
No.6 NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS ABOUT TO LEAVE THE JURISDICTION. (O. 18, r. 16) (Title) To Plaintiff (or defendant). WHEREAS in the above suit application has been made to the Court by that the examination of , a witness required by the said , in the said suit may be taken immediately ; and it has been shown to the Court's satisfaction that the said witness is about to leave the Court's jurisdiction (or any other good and suffi- cient cause to be stated): TAKE notice that the examination of the said witness will be taken by the Court on the day of 19 . Dated the day of 19 . Judge
No.7 COMMISSION TO EXAMINE ABSENT WITNESS. (O. 26, rr. 4, 18) (Title) To WHEREAS the evidence of is required by the in the above suit ; and whereas ; you are requested to take the evidence on interrogatories [or viva voce] of such witness , and you are hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties or their agents if in attendance, who will be at liberty to question the witness on the points specified, and you are further requested to make return of such evidence as soon as it may be taken. Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your application. A sum of Rs. , being your fee in the above, is herewith forwarded. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No.8 LETTER OF REQUEST (O. 26, r. 5) (Title) (Heading:
To the President and Judges of, etc., etc., or as the case may be) WHEREAS a suit is now pending in the in which A. B. is plaintiff and C.D. is defendant ; And the said suit the plaintiff claims. And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say : E. F., of G., H., of and I. J., of And it appearing that such witnesses are resident within the jurisdiction of your honourable Court; Now I , as the of the said Court, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you as the President and Judges of the said ,or some one or more of you, will be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend such examination. And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court. (Note.
If the request is directed to a Foreign Court, the words “through 1[the 2[Federal Government]] for transmission” should be inserted after the words “other witnesses” in the last line of this form.)
No. 9 COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS (O. 26, rr. 9, 11) (Title) To WHEREAS it is deemed requisite, for the purposes of this suit, that a commission for should be issued; You are hereby appointed Commissioner for the purpose of Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application. A sum of Rs. , being your fee in the above, is herewith forwarded. GIVEN under my hand and the seal the Court, this day of 19 . Judge
No. 10 COMMISSION TO MAKE A PARTITION. (O. 26, r. 13) (Title) To WHEREAS it is deemed requisite for the purposes of this suit that a commission shouId be issued to make the partition or separation of the property spceified in and according to the rights as declared in, the decree of this Court dated the day of 19; you are here by appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares 1 Subs. by A.O., 1949. 2 Subs. by F.A.O., 1975, Art. 2 and Table. set out in the said decree, and to a lot such shares to the several parties. You are hereby authorised to award sums to be paid to any party by any other party for the purpose of equalizing the value of the shares. process to compel the attendance before you of any witness, or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application. A sum of Rs. , being your fee in the above, I herewith forwarded. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 11 NOTICE TO MINOR DEFENDANT AND GUARDIAN. (O. 32, r. 3) (Title) To Minor Defendant. Natural Guardian. Here inset the name of the guardian WHEREAS an application has been presented on the part of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant, you, the said minor, and you
(1) ,are hereby required to take notice that unless within days from the service upon you of this notice, an application is made to this Court for the appointment of you
(1) or of some friend of you, the minor, to act as guardian for the suit, the Court will proceed to appoint some other person to act as a guardian to the minor for the purposes of the said suit. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 12 NOTICE TO OPPOSITE PARTY OF DAY FIXED FOR HEARING EVIDENCE OF PAUPERISM. (O. 33, r. 6) (Title) To WHEREAS has applied to this Court for permission to institute a suit against in forma pauperis under Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject the application; and whereas he day of 19 has been fixed for receiving such evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may be adduced in disproof thereof: Notice is hereby given to you under rule 6 of Order XXXIII that in case you may wish to offer any evidence to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said day of 19 GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 13 NOTICE TO SURETY OF HIS LIABILITY UNDER A DECREE (Section145) (Title) To WHEREAS you did on become liable as surety for the performance of any decree which might be passed against the said defendant in the above suit; and whereas a decree was passed on the day of 19 against the said defendant for the payment of , and whereas application has been made for execution of the said decree against you : Take notice that you are hereby required on or before the day of 19 to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, within the time specified, shown to the satisfaction of the Court, an order for its execution will be forthwith issued in the terms of the said application. GIVEN under my hand and the seal of the Court, this day of 19 . Judge