Whenever in any proceedings under these rules it is alleged, or appears to the Court to be probable, that the debt or property attached belongs to some third person or that any third person has a lien or charge upon, or an interest in it, the Court may order such third person to appear and state the nature of his claim, if any, upon such debt or property and prove the same, if necessary. . Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice, summons or other process can be served is present, a copy of the notice, summons or other process shall be fixed to the outer door of the house. Where the suit is against a local authority the Court in fixing the day for such authority to answer the plaint shall allow a reasonable time for the necessary communication with any department of the Government and for the issue of necessary instructions to the pleader of the authority, and may extend the time at its discretion. Such notice shall be filed into Court with copy of the plaint and shall be served on the third party according to the rules relating to the service of summons. Suits for compensation for wrongs to person or movables 20. General power of transfer and withdrawal.
An appearance by any partner pursuant to such notice shall be sufficient appearance by the firm. Hence, in a suit where there is prayer for declaration and for injunction, a notice under S. The Court may, at its discretion, allow a higher-fee; but if it does so, it shall state in writing its reasons for allowing an exceptional rate. The provisions of rules 32 and 33 shall also apply mutatis mutandis to appeals and revision petitions. Chief Ministerial Officer to sign lists and copies produced alongwith plaint. The attachment order shall also be withdrawn if the suit is dismissed. Jurisdiction of Civil Court is impliedly barred in such cases.
The affidavit shall further state according to the circumstances of each case particulars of any existing guardian appointed or declared by competent authority, the name and address of the person, if any, who is the deracto guardian of the minor, the names and addresses of persons, if any, who, in the event of either the natural or the de facto guardian or the guardian appointed or declared by competent authority, not being permitted to act, are by reason of relationship or interest, or otherwise suitable persons to act as guardians for the minor for the suit. Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the defendant is absent from his residence at the time when service is sought to be effected on him thereat and there is no likelihood of his being found thereat within reasonable time and there is no agent empowered to accept service of the summons on his behalf, nor any other person upon whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain and shall then return the original to the Court from which it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person if any by whom the house was identified and in whose presence the copy was so affixed. The right of the attaching creditor shall not be allowed to override the contractual obligation arising from an antecedent agreement for sale of the attached property. Judgment and decree Interest 34. When the application is sent by post, it shall be deemed to have been made on the date of posting if the application is made by registered post, but only on the date of its receipt by the office of the Court in case when it is sent by post other than registered post.
The person making the translation shall give his name and address and verify that the translation is correct. If the garnishee disputes his liability the Court, instead of making such order, may order that any issue or question necessary for determining his liability be tried as though it were an issue in a suit; and upon determination of such issue shall pass such order as shall be just. Therefore, where from the averments of the plaint it appears that temporary injunction asked for amounts to restraining the holding of any auction or giving effect to the same, it would follow that no temporary injunction is grantable and where this is the position, the trial court would be perfectly within its competence to decline to grant dispensing with the notice required under S. No fees are payable in respect of the report by Collector. An acknowledgment purporting to be signed by the defendant or an endorsement purporting to be by a postal servant that the defendant refused service shall be deemed by the Court issuing the summons to be prima facie proof of service. If within three clear days before the expiry of any such period of fifteen days, the amount of such costs for such further period as the Court may direct be not paid into Court, the Court, on receiving a report thereof from the proper officer, may issue an order for the withdrawal of the attachment and direct by whom the costs of the attachment are to be paid.
Exemption of certain women from personal appearance 133. It must now be regarded as settled law that a suit against the Government or a public officer, to which the requirement of a prior notice under S. Illustration A post office or railway employee summoned to give evidence is entitled to demandfrom the party, on whose behalf or at whose instance he is summoned, the travelling and other expenses allowed to witnesses of the class or rank to which he belongs, and in addition the sum for which he is liable as payment to the substitute officiating during his absence from duty. Exemption of other persons 134. Upon the hearing of such applications, the Court may pass such orders and give such directions as are mentioned in the last preceding rule.
Recovery of balance due on mortgage in suit for redemption. The Court may, for reasons to be recorded, in any particular case, exempt the applicant from furnishing the list referred to above. When the Court by order declares the said defendant as major it shall by the same order discharge the guardian and thereafter the suit shall be proceeded with against the said defendant as a major. Power for State Government to make rules as to sales of land in execution of decrees for payment of money Delegation of Collector of power to execute decree against immoveable property 68-72. It shall not be less than twenty-five naye paise, and shall ordinarily not be more than thirty-seven naye paise per diem.
Suit to be commenced by a plaint. Power to permit ex parte evidence on affidavit. Where an application is made to a Court for the execution of a decree or order passed against defendant in respect of whom service of summons has been dispensed with under rule 31 of Order 5, the Court shall ordinarily direct stay of the execution of the decree or order against such defendant till the expiry of a period of one year after cessation of hostilities with the State in whose territory such defendant was resident: Provided that the Court may, if it considers that the interests of justice so require order execution on such terms as to security or otherwise as it thinks fit. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction 99-A. Powers of Court in executing transferred decree 43. Service of summons where defendant resides in another State.
It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include— a any adjudication from which an appeal lies an appeal from an order, or b any order of dismissal for default. Service of process where party engages pleader. Oral examination of party, or companion of party. When the certificate prescribed by section 41 is received by the Court which sent the decree for execution, it shall cause the necessary details as to the result of execution to be entered in its register of civil suits before the papers are transmitted to the record room. Affidavits shall be divided into paragraphs, and every paragraph shall be numbered consecutively and, as nearly as may be, shall be confined to a distinct portion of the subject. Right to lodge a caveat 149.
For the safe custody of movable property other than livestock, while under attachment, the attaching officer shall, subject to approval by the Court, make such arrangement as may be most convenient and economical. If where inspection has been ordered out of Court or is to be given out of Court, it is found that a satisfactory inspection cannot be obtained, or if it is shown that the documents are being or are likely to be tampered with, an application may be made to Court for an order for the deposit and inspection of the documents in Court. In the event of failure to pay the costs within the time fixed by the Court, the attachment shall be withdrawn and the livestock shall be at the disposal of the person in whose possession it was at the time of attachment. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit. It does not invalidate a judicial sale in execution of another decree. Bar on suit to set aside decree on objection as to place of suing. What Courts to hear appeals General Provisions relating to appeals 107.
Affixing of process and its validity. Certified copies of judgment and decree shall be furnished to the parties on application, and at their expense. Civil Procedure Code, 1908 An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. Rules 19 2 , 20, 22, 23, 24 and 25 of Order 7, shall apply, so far as may be, to addresses for service filed under the preceding rule. The plaintiff shall present alongwith the plaint as many copies on plain paper of the plaint as there are defendants, unless by reason of the length of the plaint or the number of the defendants or for any other sufficient reason, the Court permits him to present a like number of concise statements of the nature of the claim made or of the relief claimed in the suit, in which case he shall present such statements.