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CODE OF CIVIL PROCEDURE 1908

ORDER XXXI SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS

What is Representation of beneficiaries in suits concerning property vested in trustees, etc.? What is Joinder of trustees, executors and administrators? Is Husband of married executrix not to join? Rule 1, 2 and 3 of Order XXXI of Code of Civil Procedure 1908

 

 

ORDER XXXII SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

Can Minor to sue by next friend? Where suit is instituted without next friend, plaint to be taken off the file? Security to be furnished by next friend when so ordered, Should Guardian for the suit to be appointed by Court for minor defendant? Who may act as next friend or be appointed guardian for the suit? Representation of minor by next friend or guardian for the suit, Receipt by next friend or guardian for the suit of property under decree for minor, Agreement or compromise by next friend or guardian for the suit, Retirement of next friend? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XXXII of Code of Civil Procedure 1908

What is Removal of next friend? What is Stay of proceedings on removal, etc., of next friend? How is the Retirement, removal or death of guardian for the suit? What is the Course to be followed by minor plaintiff or applicant or attaining majority? Where minor co-plaintiff attaining majority desires to repudiate suit? What is Unreasonable or improper suit? Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind, Savings, Rule 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Order XXXII of Code of Civil Procedure 1908

ORDER XXXII A SUITS RELATING TO MATTERS CONCERNING THE FAMILY

What is Application of the Order? Are Proceedings to be held in camera? What is the Duty of Court to make efforts for settlement? How to get Assistance of welfare expert? What is the Duty to inquire into facts? What is "Family"-meaning of? Rule 1, 2, 3, 4, 5 and 6 of Order XXXII A of Code of Civil Procedure 1908

 

 

ORDER XXXIII SUITS BY INDIGENT PERSONS

What is the meaning of Suits may be instituted by indigent person? What Inquiry into the means of an indigent person? What is Contents of application? What is Presentation of application? What is Examination of applicants? What is Rejection of application? What is Notice of day for receiving evidence of applicant’s indigency? Rule 1, 2, 3, 4, 5 and 6 of Order XXXIII of Code of Civil Procedure 1908

What is the Procedure at hearing? What is the Procedure if application admitted? What is Withdrawal of permission to sue as an indigent person? What is Costs where indigent person succeeds? What is the Procedure where Indigent person fails? What is the Procedure where indigent persons suit abates? State Government may apply for payment of court-fees Rule 7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908

State Government to be deemed a party? How to do Recovery of amount of court-fees? What is Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature? What is Grant of time for payment of court-fee? Costs, How to Defence by an indigent person? What is the Power of Government to provide for free legal services to indigent person? Rule 13, 14, 15, 16, 17 and 18 of Order XXXIII of Code of Civil Procedure 1908

ORDER XXXIV SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY

Who are the Parties to suits for foreclosure sale and redemption? What is Preliminary decree in foreclosure suit? What is Final decree in foreclosure suit? What is Preliminary decree in suit for sale? What is Final decree in suit for sale? What is Recovery of balance due on mortgage in suit for sale? What is Preliminary decree in redemption suit? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XXXIV of Code of Civil Procedure 1908

What is Final decree in redemption suit? What is Recovery of balance due on mortgage in suit for redemption? What is Decree where nothing is found due or where mortgagee has been overpaid, Costs of mortgagee subsequent to decree? What is Power of Court to direct mortgagee to pay mesne profits? What is Payment of interest? What is Sale of property subject to prior mortgage? What is Application of proceeds? What is Suit for sale necessary for bringing mortgaged property to sale? What is Mortgages by the deposit of title deeds and charges? Rule 8, 9, 10, 11, 12, 13, 14 and 15 of Order XXXIV of Code of Civil Procedure 1908

ORDER XXXV INTERPLEADER

What is Plaint in interpleader-suit? Payment of thing claimed into Court, What is the Procedure where defendant is suing plaintiff? What is the Procedure at first hearing? Can Agents and tenants may not institute interpleader suits? What is Charge for plaintiff’s costs? Rule 1, 2, 3, 4, 5 and 6 of Order XXXV of Code of Civil Procedure 1908

ORDER XXXVI SPECIAL CASE

What is the Power to state case for Courts opinion? Where value of subject-matter must be stated? Rule 1 and 2 of Order XXXVI of Code of Civil Procedure 1908

ORDER XXXVII SUMMARY PROCEDURE

What are the Court and classes of suits to which the Order is to apply? What is the process for Institution of summary suits? What is the Procedure for the appearance of defendant? What is the Power to set aside decree? What is the Power to order bill, etc., to be deposited with officer of Court? What is Recovery of cost of noting non-acceptance of dishonoured bill or note? What is the Procedure in suits? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XXXVII of Code of Civil Procedure 1908

ORDER XXXVIII ARREST AND ATTACHMENT BEFORE JUDGMENT

Where defendant may be called upon to furnish security for appearance? Security, What is Procedure on application by surety to be discharged? Procedure Where defendant fails to furnish security or find fresh security? Rule 1, 2, 3,  and 4 of Order XXXVIII of Code of Civil Procedure 1908

Where defendant may be called upon to furnish security for production of property? Attachment where cause not shown or security not furnished? What is the Mode of making attachment? What is Adjudication of claim to property attached before judgment? How is Removal of attachment when security furnished or suit dismissed? What is Attachment before judgment not to affect rights of strangers, nor bar decree -holder from applying for sale? What is the meaning Property attached before judgment not to be re-attached in execution of decree? What are the Provisions applicable to attachment? Is Agriculture produce not attachable before judgment? Is Small Cause Court not to attach immovable property? Rule 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Order XXXVIII of Code of Civil Procedure 1908

ORDER XXIX TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

What are the Cases in which temporary injunction may be granted? What is Injunction to restrain repetition or continuance of breach, Consequence of disobedience or breach of injunction, Before granting injunction? Is Court to direct notice to opposite party? Is Court to dispose of application for injunction within thirty days? Can Order for injunction may he discharged, varied or set aside? Is Injunction to corporation binding on its officer? Rule 1, 2, 2A, 3, 3A, 4 and 5 of Order XXIX of Code of Civil Procedure 1908

What is the Power to order interim sale? What is Detention preservation, inspection, etc., of subject-matter of suit? What is the meaning of Application for such orders to be after notice? When party may be put in immediate possession of land the subject-matter of suit? What is Deposit of money, etc. in Court? Rule 6, 7, 8, 9 and 10 of Order XXIX of Code of Civil Procedure 1908

ORDER XL APPOINTMENT OF RECEIVERS

What is the process of Appointment of receivers? Remuneration, Duties, How to do Enforcement of receiver's duties? When Collector may be appointed receiver? Rule 1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908

ORDER XXXIII SUITS BY INDIGENT PERSONS - RULE 7, 8, 9, 10, 11, 12 OF CODE OF CIVIL PROCEDURE 1908

What is the Procedure at hearing? What is the Procedure if application admitted? What is Withdrawal of permission to sue as an indigent person? What is Costs where indigent person succeeds? What is the Procedure where Indigent person fails? What is the Procedure where indigent persons suit abates? State Government may apply for payment of court-fees Rule 7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908

 

Procedure at hearing, Procedure if application admitted, Withdrawal of permission to sue as an indigent person, Costs where indigent person succeeds, Procedure where Indigent person fails, Procedure where indigent persons suit abates and State Government may apply for payment of court-fees are defined under Rule 7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 7 Order XXXIII of Code of Civil Procedure 1908 "Procedure at hearing"

(1) On the day so fixed or as soon thereafter as may be convenient the Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a full record of their evidence.

(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified in clause (b), clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may relate to any of the matters specified in rule 5.

(2) The Court shall also hear any argument which the parties may desire to offer on the question whether, on the face of the application and of the evidence (if any) taken by the Court under rule 6 or under this rule, the applicant is or is not subject to any of the prohibitions specified in rule 5.

(3) The Court shall then either allow or refuse to allow the applicant to sue as an indigent person.

Rule 8 Order XXXIII of Code of Civil Procedure 1908 "Procedure if application admitted"

Where the application is granted, it shall be numbered and registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee or fees payable for service of process in respect of any petition, appointment of a pleader or other proceeding connected with the suit.

Rule 9 Order XXXIII of Code of Civil Procedure 1908 "Withdrawal of permission to sue as an indigent person"

The Court may, on the application of the defendant, or of the Government pleader, of which seven days' clear notice in writing has been given to the plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn-

(a) if he is guilty of vexatious or improper conduct in the course of the suit;

(b) if it appears that his means are such that he ought not to continue to sue as an indigent person; or

(c) if he has entered into any agreement with reference to the subject-matter of the suit under which any other person has obtained. an interest in such subject-matter.

Rule 9A Order XXXIII of Code of Civil Procedure 1908 "Court to assign a pleader to an unrepresented indigent person"

(1) Where a person, who is permitted to sue as an indigent person, is not represented by a pleader, the Court may, if the circumstances of the case so require, assign a pleader to him.

(2) The High Court may, with the previous approval of the State Government, make rules providing for-

(a) the mode of selecting pleaders to be assigned under sub-rule (1);

(b) the facilities to be provided to such pleaders by the Court;

(c) any other matter which is required to be or may be provided by the rules for giving effect to the provisions of sub-rule (1).

Rule 10 Order XXXIII of Code of Civil Procedure 1908 "Costs where indigent person succeeds"

Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same and shall be a first charge on the subject–matter of the suit.

Rule 11 Order XXXIII of Code of Civil Procedure 1908 "Procedure where Indigent person fails"

Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismissed,-

(a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such service or to present copies of the plaint or concise statement, or

(b) because the plaintiff does not appear when the suit is called on for hearing, the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person.

Rule 11A Order XXXIII of Code of Civil Procedure 1908 "Procedure where indigent persons suit abates"

Where the suit abates by reason of the death of the plaintiff or of any person added as a co-plaintiff, the Court shall order that the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person shall be recoverable by the State Government from the estate of the deceased plaintiff.

Rule 12 Order XXXIII of Code of Civil Procedure 1908 "State Government may apply for payment of court-fees"

The State Government shall have the right at any time to apply to the Court to make an order for the payment of court-fees under rule 10, rule 11 or rule 11 A.

 

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