ORDER XXXII A SUITS RELATING TO MATTERS CONCERNING
THE FAMILY - RULE 1, 2, 3, 4, 5, 6 OF CODE OF CIVIL PROCEDURE 1908
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
Application of the Order, Proceedings to be held in
camera, Duty of Court to make efforts for settlement,
Assistance of welfare expert, Duty to inquire into facts
and "Family"- meaning of are defined under Rule
1, 2, 3, 4, 5 and 6 of Order XXXII A of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 1 Order XXXII A of Code of Civil Procedure 1908 "Application
of the Order"
(1) The provisions of this Order shall apply to
suits or proceedings relating to matters concerning the
family.
(2) In particular, and without prejudice to the generality
of the provisions of sub-rule (1), the provisions of this
Order shall apply to the following suits or proceedings
concerning the family, namely :-
(a) a suit or proceeding for matrimonial relief, including a
suit or proceeding for declaration as to the validity of a
marriage or as to the matrimonial status of any person;
(b) a suit or proceeding for a declaration as to legitimacy
of any person;
(c) a suit or proceeding in relation to the guardianship of
the person or the custody of any minor or other member of
the family, under a disability ;
(d) a suit or proceeding for maintenance ;
(e) a suit or proceeding as to the validity or effect of an
adoption;
(f) a suit or proceeding, instituted by a member of the
family, relating to wills, intestacy and succession;
(g) a suit or proceeding relating to any other matter
concerning the family in respect of which the parties are
subject to their personal law.
(3) So much of this Order as relates to a matter provided
for by a special law in respect of any suit or proceeding
shall not apply to that suit or proceeding.
Rule 2 Order XXXII A of Code of Civil Procedure 1908 "Proceedings
to be held in camera"
In every suit or proceeding to which this Order applies,
the proceedings may be held in camera if the Court so
desires and shall be so held if either party so desires.
Rule 3 Order XXXII A of Code of Civil Procedure 1908 "Duty
of Court to make efforts for settlement"
(1) In every suit or proceeding to which this Order applies,
an endeavour shall be made by the Court in the first
instance, where it is possible to do so consistent with the
nature and circumstances of the case, to assist the parties
in arriving at a settlement in respect of the subject matter
of the suit.
(2) If, in any such suit or proceeding, at any stage it
appears to the Court that there is a reasonable possibility
of a settlement between the parties, the Court may adjourn
the proceeding for such period as it thinks fit to enable
attempts to be made to effect such a settlement.
(3) The power conferred by sub-rule (2) shall be in addition
to, and not in derogation of, any other power of the Court
to adjourn the proceedings.
Rule 4 Order XXXII A of Code of Civil Procedure 1908 "Assistance
of welfare expert"
In every suit or proceeding to which this Order applies, it
shall be open to the Court to secure the services of such
person (preferably a woman where available), whether related
to the parties or not, including a person professionally
engaged in promoting the welfare of the family as the Court
may think fit, for the purpose of assisting the Court in
discharging the functions imposed by rule 3 of this Order.
Rule 5 Order XXXII A of Code of Civil Procedure 1908 "Duty
to inquire into facts"
In every suit or proceeding to which this Order applies, it
shall be the duty of the Court to inquire, so far it
reasonably can, into the facts alleged by the plaintiff and
into any facts alleged by the defendant.
Rule 6 Order XXXII A of Code of Civil Procedure 1908 "Family"-meaning
of"
For the purposes of this Order, each of the following shall
be treated as constituting a family, namely :-
(a) (i) a man and his wife living together,
(ii) any child or children, being issue of theirs; or of
such man or such wife,
(iii) any child or children being maintained by such man and
wife;
(b) a man not having a wife or not living together with his
wife, any child or children, being issue of his, and any
child or children being maintained by him;
(c) a woman not having a husband or not living together with
her husband, any child or children being issue of hers, and
any child or children being maintained by her;
(d) a man or woman and his or her brother, sister, ancestor
or lineal descendant living with him or her ; and
(e) any combination of one or more of the groups specified
in clause (a), clause (b), clause (c) or clause (d) of this
rule.
Explanation-For the avoidance of doubts, it is hereby
declared that the provisions of rule 6 shall be without any
prejudice to the concept of "family" in any personal law or
in any other law for the time being in force.
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 XXXIX
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
