ORDER XXXVIII ARREST BEFORE JUDGMENT - RULE 1, 2, 3, 4 OF CODE OF CIVIL PROCEDURE 1908
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 appearance, Security, Procedure on
application by surety to be discharged, Procedure and
Where defendant fails to furnish security or find fresh
security are defined under Rule
1, 2, 3 and 4 of Order XXXVIII of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 1 Order XXXVIII of Code of Civil Procedure 1908 "Where
defendant may be called upon to furnish security for
appearance"
Where at any stage of a suit, other than a suit of the
nature referred to in section 16, clauses (a) to (d), the
Court is satisfied, by affidavit or otherwise,-
(a) that the defendant, with intent to delay the plaintiff,
or to avoid any process of the Court or to obstruct or delay
the execution of any decree that may be passed against him,-
(i) has absconded or left the local limits of the
jurisdiction of the Court, or
(ii) is about to abscond or leave the local limits of the
jurisdiction of the Court, or
(iii) has disposed of or removed from the local limit soft
the jurisdiction of the Court his property or any part
thereof, or
(b) that the defendant is About to leave India under
circumstances affording reasonable probability that the
plaintiff will or may thereby be obstructed or delayed in
the execution of any decree that may be passed against the
defendant in the suit,
the Court may issue a warrant to arrest the defendant and
bring him before the Court to show cause why he should not
furnish security for his appearance
Provided that the defendant shall not be arrested if he pays
to the officer entrusted with the execution of the warrant
any sum specified in the warrant as sufficient to satisfy
the plaintiffs claim; and such sum shall be held in deposit
by the Court until: the suit is disposed of or until the
further order of the Court.
Rule 2 Order XXXVIII of Code of Civil Procedure 1908 "Security"
1) Where the defendant fails to show such cause the Court
shall order him either to deposit in Court money or other
property sufficient answer the claim against him, or to
furnish security for his appearance at any time when called
upon while the suit is pending and until satisfaction of any
decree that may be passed against him in the suit, or make
such order as it thinks fit in regard to the sum which may
have paid by the defendant under the proviso to the last
preceding rule.
(2) Every surety for the appearance of a defendant shall
bind himself, in default of such appearance, to pay any sum
of money which the defendant may be ordered to pay in the
suit.
Rule 3 Order XXXVIII of Code of Civil Procedure 1908 "Procedure
on application by surety to be discharged"
(1) A surety for the appearance of a defendant may at any
time apply to the Court in which he became such surety to be
discharged from his obligation.
(2) On such application being made, the Court shall summon
the defendant to appear or, if it thinks fit may issue a
warrant for his arrest in the first instance.
(3) On the appearance of the defendant in pursuance of the
summons or warrant, or on his voluntary surrender, the Court
shall direct the surety to be discharged from his
obligation, and shall call upon the defendant to find fresh
security.
Rule 4 Order XXXVIII of Code of Civil Procedure 1908 "Procedure
Where defendant fails to furnish security or find fresh
security"
Where the defendant fails to comply with any order under
rule 2 or rule 3, the Court may commit him to the civil
prison until the decision of the suit or, where a decree is
passed a against the defendant, until the decree has been
satisfied :
Provided that no person shall be detained in prison under
this rule in any case for a longer period than six months,
nor for a longer period than six weeks when the amount or
value of the subject-matter of the suit does not exceed
fifty rupees :
Provided also that no person shall be detained in prison
under this rule after he has complied with such order.
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
