THE CODE OF CIVIL PROCEDURE, 1908-16

Fri Mar 20 1908 | Procedural and Administration | Comments (0)

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Year : 1908

Description of property

Given under my hand and the seal of the Court, this………… day of………..20…..

No. 36

Notice to show cause why sale should not be set aside

(O. 21, rr. 90, 92.)

(Title)

To

 

Judge.

 

 

WHEREAS the under-mentioned property was sold on the……….day of……………...20…….…..., in execution of the decree passed in the above named suit, and whereas....................................................................................... , the decree-holder [or

judgment-debtor], has applied to this Court to set aside the sale of the said property on the ground of a material irregularity [ or fraud] in publishing [or conducting] the sale, namely, that…………….

Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this Court on the…………day of…………20........................................................................................................................ , when the said

application will be heard and determined.

Given under my hand and the seal of the Court, this…………day of………….20……

Description of property

Judge.

 

No. 37

Notice to show cause why sale should not be set aside

(O. 21, rr. 91, 92.)

(Title)

 

To

WHEREAS……………the purchaser of the under-mentioned property sold on the…......................................................................................................................... day of

……20…....... , in execution of the decree passed in the above-named suit, has applied to this Court to set

aside the sale of the said property on the ground that.................. , the judgment-debtor, had no saleable

interest therein.

Take notice that if you have any cause, to show why the said application should not be granted,................................................................................................................ you should appear with your proofs in this Court on the…………………… day of…………20..................................................................................................................... , when

the said application will be heard and determined.

Given under my hand and the seal of the Court, this…………day of…………20…….

Description of property

Judge.

No. 38

Certificate of sale of land

(O. 21, r. 94.)

(Title)

This is to certify that.......................... has been declared the purchaser at a sale by public auction on

the…………………………day of………….20………of………………..in execution of decree in this and that the said sale has been duly confirmed by this Court.

Given under my hand and the seal of the Court, this…………day of…………20……

Judge.

 

No. 39

ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION

(O. 21, r. 95.)

(Title)

To

The Bailiff of the Court.

WHEREAS…………………………………..has become the certified purchaser of.......................................................................................................................... at a

sale in execution of decree in Suit No……………of……………..20............. ; You are hereby ordered

to put the said................. , the certified purchaser, as aforesaid, in possession of the same.

Given under my hand and the seal of the Court, this…………day of…………20……..

Judge.

No. 40

SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE (O. 21, r. 97.)

(Title)

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

WHEREAS……………………………,the decree-holder in the above suit, has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession:

You are hereby summoned to appear in this Court on the……………day of……………20…….........

at.................... A.M., to answer the said complaint.

Given under my hand and the seal of the Court, this………………………day of…………20……….

Judge.

 

No. 41

Warrant of committal

(O. 21, r. 98.)

(Title)

To

The Officer in Charge of the Jail at………………...............................................................

WHEREAS the under-mentioned property has been decreed to...................... , the plaintiff in this suit,

and whereas the Court is satisfied that......................... without any just cause resisted (or obstructed) and

is still resisting (or obstructing) the said…............................. in obtaining possession of the property, and

whereas the said……………..has made application to this Court that the said................................................................................................................................ be committed

to the Civil prison;

You are hereby commanded and required to take and receive the said....................................................................................................................... into the civil

prison and to keep him imprisoned therein for the period of................ days.

GIVEN under my hand and the seal of the Court, this………….day of……………………20……..

Judge.

 

To

Sir,

 

No. 42

Authority of the Collector to stay Public Sale of Land

(Section 72)

(Title)

 

..Collector of

 

In answer to your communication No.………………., dated........................................................................................................... representing that the

sale in execution of the decree in this suit of......................................... land situate within your district is

objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of

the said decree in the manner recommended by you.

I have the honour to be, SIR,

Your obedient servant

Judge.

 

 

 

To

The Bailiff of the Court.

 

APPENDIX F SUPPLEMENTAL PROCEEDINGS

No. 1

Warrant of arrest before judgment

(O. 38, r. 1.)

(Title)

 

 WHEREAS………………………., the plaintiff in the above suit, claims the sum of Rs. …………

       

as noted in the margin, and has proved to the satisfaction of the Court

Principal Interest

that there is probable cause for believing that the defendant………………………..

is about to..................................................... These are to command you to demand

and receive from the said................................................................................................................. the sum of

 

Rs.................................................... as sufficient to satisfy the plaintiff's claim, and

 

unless the said sum of Rs.................................................... is forthwith delivered to

 

you by or on behalf of the said................................................................................................................... to take the

Costs TOTAL

said.................................................................. into custody, and to bring him before

this Court, in order that he may show cause why he should not furnish security to the amount of Rs. ………………….for his personal appearance before the Court, until such time as the said suit shall be fully and finally disposed of, and until satisfaction of any decree that

may be passed against him in the suit.

 

GIVEN under my hand and the seal of the Court, this……………………. Day of............................................................................................................................ 20…

No. 2

SECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT (O. 38, r. 2.)

(Title)

 

 

Judge.

 

WHEREAS at the instance of………………., the plaintiff in the above suit, the defendant, has been arrested and brought before the Court;

And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance, the Court has ordered him to furnish such security:

Therefore I......................... have voluntarily become surety and do hereby bind myself, my heirs and

executors, to the said Court, that the said defendant shall appear 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 said suit; and in default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order, any sum of money that may be adjudged against the said defendant in the said suit.

Witness my hand at………………this……………day of………….20……..

(Signed.)

Witnesses.

1.

2.

 

No. 3

 

SUMMONS TO DEFENDANT TO APPEAR ON SURETY’S APPLICATION FOR DISCHARGE (O . 38, r. 3.)

(Title)

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

WHEREAS…………………………………, who became surety on the………………………day of……….

20….for your appearance in the above suit, has applied to this Court to be discharged from his obligation.

You are hereby summoned to appear in this Court in person on the........................................................................................................................ day

of………………20……at...... A. M., when the said application, will be heard and determined.

GIVEN under my hand and the seal of the Court, this……………day of…………20…..

 

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

 

No. 4

ORDER FOR COMMITTAL (O. 38, r. 4.)

(Title)

 

Judge.

 

WHEREAS..................................... , plaintiff in this suit, has made application to the Court that security be

taken for the appearance of............................ , the defendant, to answer any judgment that may be passed

against him in the suit; and whereas the Court has called upon the defendant to furnish such security, or to offer a sufficient deposit in lieu of security, which he has failed to do; it is ordered that the said defendant…… be committed to the civil prison until the decision of the suit; or, if judgment be pronounced against him, until satisfaction of the decree.

GIVEN under my hand and the seal of the Court, this………….day of…………….20………

Judge.

 

No. 5

ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILMENT OF DECREE (O. 38, r. 5.)

(Title)

To

The Bailiff of the Court.

WHEREAS................................ has proved to the satisfaction of the Court that the defendant in the above

suit............ ;

These are to command you to call upon the said defendant......................................................................................................................... on or before

the…………….day of………………….20....................... either to furnish security for the sum of rupees

……………to produce and place at the disposal of this Court when required................................................................................................................................ or

the value thereof, or such portion of the value as may be sufficient to satisfy any decree that may be passed

 

against him; or to appear and show cause why he should not furnish security; and you are further ordered to attach the said… and keep the same under safe and secure custody until the further order of

the Court; and you are further commanded to return this warrant on or before the….............................................................................................................................. day

of……. 20....... , with an endorsement certifying the date on which and the manner in which it has been

executed, or the reason why it has not been executed.

GIVEN under my hand and the seal of the Court, this………………..day of…………20……….

Judge.

No. 6

SECURITY FOR THE PRODUCTION OF PROPERTY (O. 38, r. 5.)

(Title)

WHEREAS at the instance of………………………., the plaintiff in the above suit, …………………...

the defendant has been directed by the Court to furnish security in the sum of Rs................................................................................................................................ to

produce and place at the disposal of the Court the property specified in the schedule hereunto annexed;

Therefore I............................... have voluntarily become surety and do hereby bind myself, my heirs

and executors, to the said Court, that the said defendant shall produce and place at the disposal of the Court, when required, the property specified in the said schedule, or the value of the same, or such portion thereof as may be sufficient to satisfy the decree; and in default of his so doing, I bind myself, my heirs and executors, to pay to the said Court, at its order, the said sum of Rs................................... or such sum not exceeding the said

sum as the said Court may adjudge.

 

Schedule

Witness my hand at…………………..this…………..day of……………………..20………

Witnesses. 1.

2.

 

(Signed.)

 

 

 

No. 7

ATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO FURNISH SECURITY (O. 38, r. 6.)

(Title)

To

The Bailiff of the Court.

WHEREAS……………………, the plaintiff in this suit, has applied to the Court to call upon……..

the defendant, to furnish security to fulfil any decree that may be passed against him in the suit, and whereas the Court has called upon the said. to furnish such security, which he has failed to

do; these are to command you to attach………….., the property of the said………., and keep the same under safe and secure custody until the further order of the Court, and you are further commanded to return this warrant on or before the…………..day of…………….20................................................................................................................. with an

endorsement certifying the date on which and the manner in which it has been executed, or the reason why it has not been executed.

GIVEN under my hand and the seal of the Court, this……………….day of…………20………

Judge.

 

No. 8

Temporary injunctions

(O. 39, r. 1.)

(Title)

Upon motion made unto this Court by................. Pleader of [or Counsel for] the plaintiff A. B., and

upon reading the petition of the said plaintiff in this matter filed [this day] [or the plaint filed in this suit on the

………………………day of……………………, or the written statement of the said plaintiff filed on the……………day of………..] and upon hearing the evidence of…………and…..................................................................................................................... in support

thereof [if after notice and defendant not appearing : add, and also, the evidence of ……………………as to service of notice of this motion upon the defendant C. D.]: This Court doth order that an injunction be awarded to restrain the defendant C. D. his servants, agents and workmen, from pulling down, or suffering to be pulled down, the house in the plaint in the said suit of the plaintiff mentioned [or in the written statement, or petition, of the plaintiff and evidence at the hearing of this motion mentioned], being No. 9, Oilmongers Street, Hindupur, in a Taluk of , and from selling the materials where of the said house is composed, until the

hearing of this suit or until the further order of this Court. Dated this………………….day of………….20…….

Judge.

[ Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the order may run thus:— ]

………………to restrain the defendant…………….. and…........................... from parting without of

the custody of them or any of them or endorsing, assigning or negotiating the promissory note [or bill of exchange] in question dated on or about the… , etc., mentioned in the plaintiff's plaint [or petition]

and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court.

[In Copyright cases]................ to restrain the defendant C.D., his servants, agents or workmen from

printing, publishing or vending a book, called............................... or any part thereof, until the, etc.

[Where part only of a book is to be restrained]

.………….to restrain the defendant C.D., his servants, agents or workmen, from printing, publishing, selling or otherwise disposing of such parts of the book in the plaint [or petition and evidence, etc.] mentioned to have been published by the defendant as hereinafter specified, namely, that part of the said book which is entitled………..and also that part which is entitled…................................................................................................................... [or which is contained in

page………..to page both inclusive] until........................ , etc.

[In Patent cases]................... to restrain the defendant C. D., his agents, servants and workmen, from

making or vending any perforated bricks [or as the case maybe] upon the principle of the inventions in the plaintiff's plaint [ or petition, etc., or written statement, etc.,] mentioned, belonging to the plaintiffs, or either of them, during the remainder of the respective terms of the patents in the plaintiff's plaint [or as the case may be] mentioned, and from counterfeiting, imitating or resembling the same inventions, or either of them, or making any addition thereto, or subtraction therefrom, until the hearing, etc.

[In cases of Trade marks].................. to restrain the defendant C.D., his servants, agents or workmen,

from selling, or exposing for sale, or procuring to be sold, any composition or blacking [or as the case may be] described as or purporting to be blacking manufactured by the plaintiff A.B., in bottles having affixed thereto such labels as in the plaintiff's plaint [or petition, etc.] mentioned, or any other labels so contrived or expressed as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be the same as the composition or blacking manufactured and sold by the plaintiff A.B., and from using trade-cards

 

so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the defendant is the same as the composition or blacking manufactured or sold by the plaintiff A. B. until the etc.

[ To restrain a partner from in any way interfering in the business ]

to restrain the defendant C.D., his agents, and servants, from entering into any contract, and from accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the partnership-firm of B. and D., and from contracting any debt, buying and selling any goods, and from making or entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, any act, in the name or on the credit of the said partnership-firm of B. and D., or whereby the said partnership-firm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the performance of any contract, promise or undertaking until the, etc.

No. 1[9]

Appointment of a receiver

(O.40, r.1.)

(Title)

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

WHEREAS……………….has been attached in execution of a decree passed in the above suit on the...........

day of…………….20…….., in favour of……….; You are hereby (subject to your giving security to the satisfaction of the Court) appointed receiver of the said property under Order XL of the Code of Civil Procedure, 1908, with full powers under the provisions of that Order.

You are required to render a due and proper account of your receipts and disbursements in respect of the said property on............You will be entitled to remuneration at the rate of................................................................................................................... per cent. upon

your receipts under the authority of this appointment.

GIVEN under my hand and the seal of the Court, this…………..day of............ 20

Judge.

No. 2[10]

 

Bond to be given by receiver

(O. 40, r. 3.)

(Title)

KNOW all men by these presents, that we,……… and……………..and............................................................................................................................ , are jointly and

severally bound to…………..of the Court of………in Rs…………….. to be paid to the said or

his successor in office for the time being. For which payment to be made we bind ourselves, and each of us, in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.

Dated this…………..day of……………20………..

WHEREAS a plaint has been filed in the Court by……….against.................. for the purpose of [here

insert the object of suit ]:

 

1. The number of the Form, originally misprinted as 6, was corrected by Act 10 of 1914, s. 2 and the First Sch.

2. The number of the Form, originally misprinted as 7, was corrected by Act 10 of 1914, s. 2 and the First Sch.

 

And whereas the said…................... has been appointed, by order of the above-mentioned Court, to

receive the rents and profits of the immovable property and to get in the outstanding movable property of in the said plaint named:

Now the condition of this obligation is such, that if the above-bounden… shall duly account for

all and every the sum and sums of money which he shall so receive on account of the rents and profits of the immovable property, and in respect of the movable property, of the said….......at such periods as the said Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court hath directed or shall hereafter direct, then this obligation shall be void, otherwise it shall remain in full force.

Signed and delivered by the above-bounden in the presence of……………………

NOTE.If deposit of money is made, the memorandum thereof should follow the terms of the condition of the bond.

 

Appendix G

Appeal, Reference and Review

No. 1

MEMORANDUM OF APPEAL (O. 41, r. 1.)

(Title)

The...............................................above-named appeals to the……………………………………...

Court at…………………from the decree of……………in Suit No………………of…………….. 20…… dated the……………….day of………………20..................................................... ,and sets forth the following grounds of objection

to the decree appealed from, namely:—

No. 2

SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE (O. 41, r. 5.)

(Title)

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

This security bond on stay of execution of decree executed by......................................................................................................... witnesseth:—

That……….., the plaintiff in Suit No.…………………of............................20.......................................................................................................................... having sued

……………….., the defendant, in this Court and a decree having been passed on the….............................................................................................................................. day

of………………20……, in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the Court, the said appeal is still pending.

Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application praying for stay of execution and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs. ………………..,mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate Court 'the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this………..day of………………20……….

Schedule

 

(Signed.)

Witnessed by 1.

2.

 

No. 3

Security Bond to be given during the pendency of appeal

(O. 41, r. 6.)

(Title)

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

THIS security bond on stay of execution of decree executed by witnesseth:—

That………………., the plaintiff in Suit No……………………of……………………20……. having sued………………, defendant,, in this Court and a decree having been passed on the

………………….day of................................. 20……in favour of the plaintiff, and the defendant having

preferred an appeal from the said decree in the............... Court, the said appeal is still pending.

Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs....................................................................................................................... ,

mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this……………………day of

……………….20…….

 

Witnessed by 1.

2.

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

 

Schedule

 

No. 4

Security for costs of appeal

(O. 41, r. 10.)

(Title)

 

(Signed.)

 

This security bond for costs of appeal executed by...................... witnesseth:—

This appellant has preferred an appeal from the decree in Suit No.............................................................................................................................. of

…………………20……, against the respondent, and has been called upon to furnish security. Accordingly I, of my own free will, stand security for the costs of the appeal, mortgaging the properties specified in the schedule hereunto annexed. I shall not transfer the said properties or any part thereof, and in the event of any default on the part of the appellant, I shall duly carry out any order that may be made against me with regard to payment of the costs of appeal. Any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due I and my legal representatives will be personally liable to pay the balance. To this effect, I execute this security bond this

………………….day of…………….20……..

Schedule

Witnessed by

1.

2. (Signed.)

 

No. 5

Intimation to lower court of admission of appeal

(O. 41, r. 13.)

(Title)

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

You are hereby directed to take notice that……………………, the…............................................................................................................................ in the above

suit, has preferred an appeal to this Court from the decree passed by you therein on the…………...............

day of…………………..20………….

You are requested to send with all practicable despatch all material papers in the suit. Dated the………………day of………………..20……………….

Judge.

No. 6

Notice to respondent of the day fixed for the hearing of the appeal

(O. 41, r. 14.)

(Title)

Appeal from the……………of the Court…………………………..of……………………….......

dated……………………the……………………..day of…………….20………

To

Respondent

Take notice that an appeal from the decree of........................................... in this case has been presented by…………………………………and registered in this Court, and that the…………day of………

20............ has been fixed by this Court for the hearing of this appeal.

If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorised to act for you in this appeal, it will be heard and decided in your absence.

GIVEN under my hand and the seal of the Court, this…………day of……………………20......

Judge.

[NOTE—If a stay of execution has been ordered intimation should be given of the fact on this notice.]

No. 7

Notice to a Party to a Suit not made, a Party to the Appeal but joined by the Court as a

Respondent

(O. 41, r. 20.)

(Title)

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

 

WHEREAS you were a party in Suit No…………………….of…………………20………, in the Court of,………………………., and whereas the…..................... has preferred an appeal to this Court from the

decree passed against him in the said suit and it appears to this Court that you are interested in the result of the said appeal:

This is to give you notice that this Court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the…………………….day of……………..20....................................................................................................................... ,

at……..A. M. If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence.

GIVEN under my hand and the seal of the Court, this…………..day of…………….20……….……….

Judge.

No. 8

MEMORANDUM OF CROSS OBJECTION (O. 41, r. 22.)

(Title)

WHEREAS the………………has preferred an appeal to the…………………Court……………

at…………from the decree of…………in Suit No………………………of……………20……….

dated the……………… day of…………………………..20...................... , and whereas notice of the day

fixed for hearing the appeal was served………………………………..on the.............................................................................................................................. day

of……………………20……….., the files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:—

No. 9

DECREE IN APPEAL (O. 41, r. 35.)

(Title)

Appeal No. …………………….of ...........20…..............................from the decree of the Court of

………………..dated the……………….day of……………………20…………..

 

Memorandum of Appeal.

versus

 

Plaintiff. Defendant.

 

The………………………..above-named appeals to the…………………….Court at...................................................................................................................... from

the decree of………………….in the above suit dated the……………………….day of……………

20............... , for the following reasons, namely:—

This appeal coming on for hearing on the…..……………..day of…………….20............................................................................................................................ , before

in the presence of………….or the appellant and of……………………….for the respondent, it is ordered—

The costs of this appeal, as detailed below, amounting to Rs…......................................................................................................................... are to be paid

by………………………The cost of the original suit are to be paid by………………………..

GIVEN under my hand this………………………..day of………………………20………….

Judge.

 

Costs of Appeal

Appellant

Amount

Respondent

Amount

1. Stamp for memorandum of appeal…

2. Do. for power…………

3. Service of processes……….

4. Pleader's fee on Rs. …………..

Rs.

A.

P.

Stamp for power……… Do. for petition……..

Service of processes…..

Pleader’s fee on Rs. .…..

Rs.

A.

P.

Total

     

Total

     

 

 

 

No. 10

Application to appeal in forma pauperis

(O. 44, r. 1.)

(Title)

I…………………the…...................................................... above-named, present the accompanying

memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper.

Annexed is a full and true schedule of all the movable and immovable property belonging to me with the estimated value thereof.

Dated the…………………….day of…………………..20……………….

(Signed.)

[NOTE.—Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper.]

No. 11

Notice of appeal in forma pauperis

(O. 44, r. 1.)

(Title)

WHEREAS the above-named…................................... has applied to be allowed to appeal as a pauper

from the decree in the above suit dated the…………………..day of…………........... 20…..………………

and whereas the……………………day of……………20............................... , has been fixed for hearing

the application, notice is hereby given to you that if you desire to show cause why the applicant should not be

allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date.

GIVEN under my hand and the seal of the Court, this…………….day of………………………..20....

Judge.

 

No. 12

Notice to show cause why a Certificate of Appeal to the 1 [Supreme Court] should not be granted

(O. 45, r. 3.)

(Title)

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

2 [TAKE notice that........................................................................................................................ has applied to this

Court for a certificate—

(i) that the case involves a substantial question of law of general importance, and

(ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.]

The……………………………day of…………………..20............ is fixed for you to show cause why

the Court should not grant the certificate asked for.

GIVEN under my hand and the seal of the Court, this…………….day of…………………………20....

Registrar.

 

 

No. 13

NOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE 1[SUPREME COURT] (O. 45, r. 8.)

(Title)

To

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

WHEREAS…………………………………., the…................... in the above case, has furnished the security

and made the deposit required by Order XLV, rule 7, of the Code of Civil Procedure, 1908:

Take notice that the appeal of the said…............................. to 3[the Supreme Court] has been

admitted on the…………………day of…………………20………

GIVEN under my hand and the seal of the Court, this…………….. day of...................................................................................................................... 20…

Registrar.

 

1. Subs. by the A.O. 1950, for “KING IN COUNCIL”.

2. Subs. by Act 49 of 1973, s. 4, for the former paragraph.

3. Subs. by the A.O. 1950, for “His Majesty in Council”.

 

No. 14

Notice to show cause why a Review should not be granted

(O. 47, r. 4.)

(Title)

To

TAKE notice that.................................... has applied to this Court for a review of its decree passed on

the………………………day of……………………………. 20.............................. in the above case. The

……………….day of……………………..20......................... fixed for you to show cause why the Court

should not grant a review of its decree in this case.

GIVEN under my hand and the seal of the Court, this…………….. day of…………………….20....

Judge.

 

Appendix H Miscellaneous No. 1

Agreement of parties as to issues to be tried

(O. 14, r. 6.)

(Title)

WHEREAS 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.]

 

Witnesses:— 1.

2.

versus

Plaintiff. Defendant.

 

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

Remarks]

 

1. Ins. by Act 104 of 1976, s. 96 (w.e.f. 1-2-1977).

 

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.

 

To Z., Pleader for the plaintiff.

 

 

 

No. 4

 

X Y, Pleader for the defendant.

 

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………….

 

No. 5

 

List of documents produced by

(O. 13, r. 1.)

(Title)

 

Judge.

 

PLAINTIFF

DEFENDANT

 

No.

Description of document.

Date, if any which the document bears.

Signature of party or pleader.

1

2

3

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.

 

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”.

 

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.

 

1 [No.11

Notice tocertificated, 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).

 

To

...........................

...........................

 

No. 13

Notice to surety of his liability under a decree

(Section 145)

(Title)

 

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.

 

 

 

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).

 

STATE AMENDMENT

 

Jammu and Kashmir and Ladakh (UTs).—

After Appendix H, insert the following Appendix, namely:—

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.]

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws ) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].

 

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.

 

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.

(1) 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 section11 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;

 

(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;

(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;

(2) 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.

* * * *

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