No. 1
agreement of parties as to issues to be tried
(O. 14, r. 6.)
(Title)
W HEREAS 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……………………….20…………………….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 Rupees………………….
(or such sum as the Court shall hold to be due thereon), and I, the said……………… , will accept the
said sum of Rupees………………..(or such sum 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.
versus
Defendant.
Witnesses:—
1.
2.
Dated the……………………………….day of……………………20……………..
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.......20…….
To
WHEREAS an application, dated the………………….day of……………………….20…………..., has
been made to this Court by…………….the………………………….in Suit No…………………………of
20……………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……………………20…………………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………………………20………
Judge.
1
[No. 2A
LIST OF WITNESSES PROPOSED TO BE CALLED BY PLAINTIFF/DEFENDANT
(O. XVI, r. 1.)
Name of the party
which proposes to
call the witness
Name and address
of the witness
1. Ins. by Act 104 of 1976, s. 96 (w.e.f. 1-2-1977).
304
Remarks]
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…………………20......, 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……….20………….
Judge.
No. 5
plaintiff
list of documents produced by
(O. 13, r. 1.)
defendant
No.
Description of document.
1
2
(Title)
Date, if any which
the document bears.
3
Signature of party or pleader.
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 sufficient cause to be stated);
Take notice that the examination of the said witness………………………will be taken by the Court
on the……………………day of……………………………20…………
Dated the…………day of…………………………………….20…………..
Judge.
305
No. 7
commission to examine absent witness
(O. 26, rr. 4, 18.)
(Title)
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……………….20……...
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 in the said suit the plaintiff claims.
(Abstract of claim.)
And whereas it has been represneted 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 Ministry of External Affairs
of the Government of India] for transmission” should be inserted after the words “other witnesses” in the
last line of this form.
1. Subs. by the A. O. 1950, for “His Majesty’s Secretary of State for Foreign Affairs”.
306
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 of the Court, this.............................day of............................20
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 should be issued to
make the partition or separation of the property specified in, and according to the rights as declared in, the
decree of this Court, dated the.............................. day of.........................................20......................;You are
hereby 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 set out
in the said decree, and to allot such shares to be several parties. You are hereby authorized 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, is herewith forwarded.
GIVEN under my hand and the seal of the Court, this........................... day of............................ 20.
Judge.
307
1
[No.11
NOTICE TO CERTIFICATED, NATURAL, OR, de facto GUARDIAN
(O. XXXII, r. 3.)
(Title)
(Certificated/Natural/de facto Guardian)
To
WHEREAS an application has been presented on the part of the plaintiff*/on behalf of the minor
defendant*/in the above suit for the appointment of a guardian for the suit for the minor
defendant............., you (insert the name of the guardian appointed or declared by Court, or natural
guardian, or the person in whose care the minor is) are hereby required to take notice that unless you
appear before this Court on or before the day appointed for the hearing of the case and stated in the
appended summons, and express your consent to act as guardian for the suit for the minor, the Court will
proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit.
GIVEN under my hand and the seal of the Court, this........................... day of............................. 20.
Judge.
No. 11A
notice to minor defendant
(Order XXXII, r. 3.)
(Title)
To
Minor Defendant
WHEREAS an application has been presented on the part of the plaintiff in the above suit for the
appointment of..............................* as guardian for the suit for you, the minor defendant, you are hereby
required to take notice to appear in this Court in person on the....................day
of..........20......................at......................O’clock in the forenoon to show cause against the application,
failing which the said application will be heard and determined ex parte.
GIVEN under my hand and the seal of the Court, this...................... day of ................... 20 .....
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 pauper is under
Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject
the application; and whereas the.........day of...........20.....................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 ................ 20 .
GIVEN under my hand and the seal of the Court, this...................... day of ..................... 20 .
Judge.
*Strike off the words which are not applicable.
1. Subs. by Act 104 of 1976, s. 96, for Form 11 (w.e.f. 1-2-1977).
308
No. 13
notice to surety of his liability under a decree
(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..........................20...........................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............................ 20......
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................20.
Judge.
309
310
Plaintiff
Defendant
Appearanc
e
Judgment
Appeal
Execution
Minute of other
Return than
Payment or
Arrest, and date
to every Return
Return of Execution
NOTE.—Where there are numerous plaintiffs, or numerous defendants, the name of the first Plaintiff only, or the first defendant only, as the
case may be, need be entered in the register.
Claim
court of the of at
REGISTER OF CIVIL SUITS IN THE YEAR 20
REGISTER OF CIVIL SUITS (O. 4, R.2.)
No. 14
311
Appellant
Respondent
Decree appealed from
REGISTER OF APPEALS FROM DECREES IN THE YEAR 20 ………
COURT (OR HIGH COURT) AT
REGISTER OF APPEALS (O. 41, r.9.)
No. 15
Appearance
Judgment
1
[APPENDIX-I
statement of truth
(Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3)
I ----- the deponent do hereby solemnly affirm and declare as under:
1. I am the party in the above suit and competent to swear this affidavit.
2. I am sufficiently conversant with the facts of the case and have also examined all relevant
documents and records in relation thereto.
3. I say that the statements made in -----paragraphs are true to my knowledge and statements made in ----paragraphs are based on information received which I believe to be correct and statements made in --paragraphs are based on legal advice.
4. I say that there is no false statement or concealment of any material fact, document or record and I
have included information that is according to me, relevant for the present suit.
5. I say that all documents in my power, possession, control or custody, pertaining to the facts and
circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the
plaint, and that I do not have any other documents in my power, possession, control or custody.
6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been
duly signed by me.
7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.
8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken
against me under the law for the time being in force.
Place:
Date:
deponent
verification
I, ………………………. do hereby declare that the statements made above are true to my
knowledge.
Verified at [place] on this [date]
DEPONENT.]
1. Ins. by Act 28 of 2018, s. 18 (w.e.f. 23-10-2015).
312
THE SECOND SCHEDULE.—[Arbitration.] Rep. by the Arbitration Act, 1940 (10 of 1940),
s. 49 (1) and the Third Sch.
THE THIRD SCHEDULE.—[Execution of Decrees by Collectors.] Rep by the Code of Civil
Procedure (Amendment) Act, 1956 (66 of 1956), s.
15.
THE FOURTH SCHEDULE.—[Enactments amended.] Rep. by the Repealing and Amending Act,
1952 (48 of 1952), s. 2 and the First Sch.
THE FIFTH SCHEDULE.—[Enactments repealed.] Rep. by the Second Repealing and Amending
Act, 1914 (17 of 1914). s. 3 and the Second Sch.
313
annexure
THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1976
(104 OF 1976)
chapter v
repeal and savings
97. Repeal and savings.
(1) Any amendment made, or any provision inserted in the principal Act by
State Legislature or a High Court before the commencement of this Act shall except in so far as such
amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand
repealed.
(2) Notwithstanding that the provisions of this Act have come into force or the repeal under
sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of
the General Clauses Act, 1897 (10 of 1897),—
(a) the amendment made to clause (2) of section 2 of the principal Act by section 3 of this Act
shall not affect any appeal against the determination of any such question as is referred to in
section 47 and every such appeal shall be dealt with as if the said section 3 had not come into force;
(b) the provisions of section 20 of the principal Act, as amended by section 7 of this Act, shall not
apply to or affect any suit pending immediately before the commencement of the said section; and
every such suit shall be tried as if the said section 7 had not come into force;
(c) the provisions of section 21 of the principal Act, as amended by section 8 of this Act, shall not
apply to or affect any suit pending immediately before the commencement of the said section 8; and
every such suit shall be tried as if the said section 8 had not come into force;
(d) the provisions of section 25 of the principal Act, as substituted by section 11 of this Act, shall
not apply to or affect any suit, appeal or other proceeding wherein any report has been made under
the provisions of section 25 before the commencement of the said section 11; and every such suit,
appeal or other proceeding shall be dealt with as if the said section 11 had not come into force;
(e) the provisions of section 34 of the principal Act, as amended by section 13 of this Act, shall not
affect the rate at which interest may be allowed on a decree in any suit instituted before the
commencement of the said section 13 and interest on a decree passed in such suit shall be ordered in
accordance with the provisions of section 34 as they stood before the commencement of the said
section 13 as if the said section 13 had not come into force;
(f) the provisions of section 35A of the principal Act, as amended by section 14 of this Act, shall
not apply to or affect any proceedings for revision, pending immediately before the commencement of
the said section 14 and every such proceedings shall be dealt with and disposed of as if the said section
14 had not come into force;
(g) the provisions of section 60 of the principal Act, as amended by section 23 of this Act, shall
not apply to any attachment made before the commencement of the said section 23;
(h) the amendment of section 80 of the principal Act by section 27 of this Act shall not apply to
or affect any suit instituted before the commencement of the said section 27; and every such suit shall
be dealt with as if section 80 had not been amended by the said section 27;
(i) the provisions of section 82 of the principal Act, as amended by section 28 of this Act, shall not
apply to or affect any decree passed against the Union of India or a State or, as the case may be, a public
officer, before the commencement of the said section 28 or to the execution of any such decree; and
every such decree or execution shall be dealt with as if the said section 28 had not come into force;
(j) the provisions of section 91 of the principal Act, as amended by section 30 of this Act, shall
not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of
the said section 30; and every such suit, appeal or proceeding shall be disposed of as if the said
section 30 had not come into force;
314
(k) the provisions of section 92 of the principal Act, as amended by section 31 of this Act, shall
not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of
the said section 31; and every such suit, appeal or proceeding shall be disposed of as if the said
section 31 had not come into force;
(1) the provisions of section 96 of the principal Act, as amended by section 33 of this Act, shall not
apply to or affect any appeal against the decree passed in any suit instituted before the commencement
of the said section 33; and every such appeal shall be dealt with as if the said section 33 had not come
into force;
(m) the provisions of section 100 of the principal Act, as substituted by section 37 of this Act,
shall not apply to or affect any appeal from an appellate decree or order which had been admitted;
before the commencement of the said section 37, after hearing under rule 11 of Order XLI; and every
such admitted appeal shall be dealt with as if the said section 37 had not come into force;
(n) section 100A, as inserted in the principal Act, by section 38 of this Act, shall not apply to or
affect any appeal against the decision of a single Judge of a High Court under any Letters Patent
which had been admitted before the commencement of the said section 38; and every such admitted
appeal shall be disposed of as if the said section 38 had not come into force;
(o) the amendment of section 115 of the principal Act, by section 43 of this Act, shall not apply
to or affect any proceeding for revision which had been admitted, after preliminary hearing, before
the commencement of the said section 43; and every such proceeding for revision shall be disposed
of as if the said section 43 had not come into force;
(p) the provisions of section 141 of the principal Act, as amended by section 47 of this Act, shall
not apply to or affect any proceeding which is pending immediately before the commencement of the
said section 47; and every such proceeding shall be dealt with as if the said section 47 had not come
into force;
(q) the provisions of rules 31, 32, 48A, 57 to 59, 90 and 97 to 103 of Order XXI of the First
Schedule as amended or, as the case may be, substituted or inserted by section 72 of this Act shall
not apply to or affect—
(i) any attachment subsisting immediately before the commencement of the said section 72,
or
(ii) any suit instituted before such commencement under rule 63 aforesaid to establish right
to attached property or under rule 103 aforesaid to establish possession, or
(iii) any proceeding to set aside the sale of any immovable property,
and every such attachment, suit or proceeding shall be continued as if the said section 72 had not come
into force;
(r) the provisions of rule 4 of Order XXII of the First Schedule, as substituted by section 73 of this
Act shall not apply to any order of abatement made before the commencement of the said section 73;
(s) the amendment, as well as substitution made in Order XXIII of the First Schedule by
section 74 of this Act shall not apply to any suit or proceeding pending before the commencement of
the said section 74;
(t) the provisions of rules 5A and 5B of Order XXVII, as inserted by section 76 of this Act, shall
not apply to any suit, pending immediately before the commencement of the said section 76; against
the Government or any public officer; and every such suit shall be dealt with as if the said section 76
had not come into force;
(u) the provisions of rules 1A, 2A and 3 of Order XXVIIA, as inserted or substituted, as the case
may be, by section 77 of this Act shall not apply to or affect any suit which is pending before the
commencement of the said section 77;
315
(v) rules 2A, 3A and 15 of Order XXXII of the First Schedule, as amended, or as the case may be, substituted
by section 79 of this Act, shall not apply to a suit pending at the commencement of the said section 79 and every
such suit shall be dealt with and disposed of as if the said section 79 had not come into force;
(w) the provisions of Order XXXIII of the First Schedule, as amended by section 81 of this Act, shall not apply
to or affect any suit or proceeding pending before the commencement of the said section 81 for permission to sue as
a pauper; and every such suit or proceeding shall be dealt with and disposed of as if the said section 81 had not come
into force;
(x) the provisions of Order XXXVII of the First Schedule, as amended by section 84 of this Act, shall not
apply to any suit pending before the commencement of the said section 84, and every such suit shall be dealt with
and disposed of as if the said section 84 had not come into force;
(y) the provisions of Order XXXIX of the First Schedule, as amended by section 86 of this Act, shall not
apply to or affect any injunction subsisting immediately before the commencement of the said section 86; and
every such injunction and proceeding for dis-obedience of such injunction shall be dealt with as if the said
section 81 had not come into force;
(z) the provisions of Order XLI of the First Schedule, as amended by section 87 of this Act, shall not apply to or
affect any appeal pending immediately before the commencement of the said section 87; and every such appeal
shall be disposed of as if the said section 87 had not come into force:
(za) the provisions of Order XLII of the First Schedule, as amended by section 88 of this Act, shall not apply
to or affect any appeal from an appellate decree or order which had been admitted, before the commencement of
the said section 88 after hearing under rule 11 of Order XLI; and every such admitted appeal shall be dealt with as
if the said section 88 had not come into force;
(zb) the provisions of Order XLIII of the First Schedule, as amended by section 89 of this Act, shall not apply to
any appeal against any order pending immediately before the commencement of the said section 89; and every such
appeal shall be disposed of as if the said section 89 had not come into force;
(3) Save as otherwise provided in sub-section (2), the provisions of the principal Act, as amended by this Act,
shall apply to every suit, proceedings, appeal or application, pending at the commencement of this Act or instituted or
filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which such
suit, proceeding, appeal or application is instituted or filed, had been acquired or had accrued before such
commencement.
316