APPENDIX F – Civil Procedure Code 1908

Civil Procedure Code 1908

 

APPENDIX. APPENDIX F

 

APPENDIX F

SUPPLEMENTAL PROCEEDINGS

 

No. 1
Warrant of Arrest before Judgment
(O. 38, R. 1)
(Title)

 

To

The Bailiff of the Court. 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 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 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.

 

Principal
Interest
Costs
Total

 

Given under my hand and the seal of the Court, this…….. day of ……… 19….

Judge.

 

HIGH COURT AMENDMENT

 

Kerala.-In Appendix F, in Form No. 1, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959)

 

No. 2

Security for Appearance of a Defendant Arrested before Judgment (O. 38, R. 2)

(Title)

 

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 i 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 ……… 19 … Witnesses. 1. 2.

 

(Signed)

 

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……… 19… for your appearance in the above suit, has applied to this Court to be discharged from this obligation: You are hereby summoned to appear in this Court in person on the ……… day of … …… 19…, at ……… a.m., where the said application will be heard and determined. Given unde
r my hand and the seal of the Court, this ……… day of……… 19… Judge. No. 4 Order For Committal (O. 38, R. 4) (Title) To 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 had 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……… 19…. 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……… 19 ……… either to furnish security for the sum of rupees …….. to produce and place at the disposal of this Court when required ……… for 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……… 19…, 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……… 19…

Judge

 

HIGH COURT AMANDMENT

 

Kerala.-In Form No. 5, for the word “Bailiff”, substitute the word “Amin”.

(w.e.f. 9-6-1959).

 

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…. .of such sum not exceeding the said sum as the said Court may adjudge. Schedule Witness my hand at……… this day of ……… 19…

(Signed)

 

Witnesses.

1.

2.

 

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……… 19 ……… 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…….. 19….

Judge

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras.

 

Kerala.-(1) In Appendix F, in Form No. 7, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959).

 

(2) after Form No. 7, insert Form No. 7A as in Madras.

 

Madras.-In Appendix F, after Form No. 7, insert the following Form, namely:-

 

“No. 7A
Attachment of immovable property before judgment
(Title)

To ………………………………………………………

(Defendant) Whereas on the application of……… the plaintiff……… in this suit, the Court, called upon you, the defendant to furnish security to fulfil any decree that may be passed against you in the suit or to show cause why should not furnish such security …………… you have failed to show cause why you should not furnish such security/you have failed to furnish security required within the time fixed by the Court it is ordered that you, the said ……….. be, and you are, hereby prohibited and restrained until the further order of this Court from transferring or charging the properties described in the schedule hereto annexed by sale, gift, or otherwise, and that all persons be, and that they are hereby prohibited and restrained from receiving the same by purchase, gift or otherwise.

 

GIVEN under my hand and the seal of this Court this …………… day of …………… 19…./20….

Judge

 

Schedule

 

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: and, and also, the evidence of……… as to service of notice of this motion upon the defendant CD.]: This Court doth order that an injunction be awarded to restrain the defendant CD., 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 whereof the said house is composed, until the hearing of this suit of until the further order of this Court.

 

Dated this……… day of……… 19….

 

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 promisory 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 Copy right cases]

 

……to restrain the defendant CD., 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 CD., his servants, agents orworkmen, 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 may be] 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 respec-tive terms of the patents in the plaintiffs 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 substraction 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 plaintiffs 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 plaintiffA.fi., 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 plaintiffA.fi., until the, etc.

 

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

 

to restrain the defendant CD., 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 fi. 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 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. 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……… 19…, 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……… 19…

Judge

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras. Kerala.-Same as in Madras. Madras.-In Appendix F, for Form No. 9, substitute the following Form, namely:-

 

“No. 9

APPOINTMENT OF A RECEIVER

(O. XL, r. 1)

 

(Title)

 

To

WHEREAS it appears to the Court that in the above suit it is just and convenient to appoint a receiver of the properties specified below (or whereas the properties specified below have been attached in execution of a decree passed in the above suit on the …………… day of ……………19…./20…., in favour of ……..).

 

It is hereby ordered that A.B. be appointed (subject to his giving security to the satisfaction of the Court) the receiver of the said property and of the rents, issues and profits thereof under Order 40 of the Code of Civil Procedure, 1908, with all powers under the provisions of that Order except that he shall not without leave of the Court (1) grant lease for a term exceeding three years, or (2) institute suits in any Court except suits for rent, or (3} institute appeals in any Court (except from a decree in a rent suit) where the value of the appeal is over Rs. 1,000, or (4) expend on the repairs of any property in any period of two years more than half of the net annual rental of the property to be repaired, such rental being calculated at the amount at which the property to be required would be let when a fair state of repair, provided that such amount shall not exceed Rs. 100. And it is further ordered mat the parties’ Defendants to the above suit and all persons claiming under them do deliver up quiet possession of the properties, movable and immovable specified below together with all leases, agreements for lease kabuliats, account books, papers, memoranda and writings relating thereto the said receiver. And it is further ordered that the said receiver do take possession of the said property, movable and immovable and collect the rents, issues and profits of the said immovable property, and that the tenants and occupies do attorn and pay their rents in arrear and growing rents to the said receiver. And it is further ordered that the said receiver shall
have power to bring and defend suit. In his own names and shall also have power to use the name of the plaintiffs and defendants where necessary. And it is further ordered that the receipt or receipts of the said receiver shall be a sufficient discharge for all such sum or sums of money or property as shall be paid or delivered to him as such receiver. And it is further ordered that the said receiver do, out of the first moneys to be received by him, pay the debts due from the said ……………and shall be entitled to retain in his hands the sum of Rs………………. for current expenses but subject thereto shall pay his net receipts, as soon as the same come to his hands into Court to the credit of the suit. He shall once in every ………………. months file his accounts and vouchers in Court, the first account to be filed on the day of and to be passed on the ……….day of………. He shall be entitled to the commission at the rate of Rs…………….. per cent, on the net amounts collected by him or to the sum of Rs……………… per month (or as the case may be) as his remuneration (for he shall act without any remuneration). And it is further ordered (where an additional officer establishment is required) that the said receiver shall be allowed to charge to the estate in addition to his own office establishment the following further establishment: (Here enter specification of the property).

 

GIVEN under my hand and the seal of the Court………… this …………… day of…….. 19…./20…,

Judge”.

 

No. 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 be 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……… 19…

 

Whereas a plaint has been filed in this Court by……… against……… for the purpose of [here insert the object of suit]: And whereas the said ……… has been appointed, by order of the above-mentioned Court, to recei ve 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 mov- able 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 and the condition of the bond.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras. Allahabad.-In Appendix F, after Form No. 10, insert the following Forms, namely:- “

 

No. 11

 

The se
curity to be furnished under Order XXXVIII,

rule 9, shall be as nearly as may be, by a bond in the following form:- In the Court of ………………… at ……………. Suit No………………… of…………… 19…./20…. ……………………………………………Plaintiff.

versus ………………………………………….. Defendant

Amount of suit, Rupees………

 

Whereas in the suit above specified the plaintiff aforesaid has applied to the said Court that the said defendant ……….may be called on to furnish sufficient security to fulfil any decree that may be passed against him in the said suit, or that on his failure so to do, certain property of the said defendant …………… may be attached: And, whereas, on the failure of the said defendants …………………. to furnish such security, or, show cause why it should not be furnished the property aforesaid of the said defendant, …………. has been attached by order of the said Court:

 

Therefore, I, ………………. inhabitant of …………….. have voluntarily become security and hereby bind myself, my heirs and executors, to ……………….. as Judge of the Court, and his successors in office, that the said defendant …………………. shall produce and place at the disposal of the said Court, when required, the property herein below specified, namely (here give description of property of refer to an annexed Schedule), or the value of the same, or such portion thereof as may be sufficient to fulfil such decree and shall when required pay the costs of the attachment, and in a default of his so doing. I bind myself, my heirs and executors to pay to …………….. as Judge of the said Court and his successors in office on its order, such sum to the extent of rupees (here enter a sufficient sum to cover the amount of suit, with costs and the costs of the attachment) as the said Court may adjudge against the said defendant. Witness may hand at ……………… this …………….. day of ………….. 19…./20…. .

(Signed)

(Surety)

 

Witness:

 

No. 12

The security to be furnished under Order XXXIX, r. 2 (2) shall be, as far as may be, by a bond in the following form:- In the Court of…………….. at……………….. Suit No. ………………………… of…………….19…../20…. ……………………………………………..Plaintiff. Versus

 

………………………………………………Defendant.

 

 

Whereas in the suit above specified, instituted by the said plaintiff………………….. to restrain the said defendant ……………………. from (here state the breach of contract or other injury), the said Court, has on the application of the said plaintiff ……………….. granted an injunction to restrain the said defendant from the repetition (or the continuance) of the said breach of contract (for the wrongful act complained of) and required security from the said defendant against such repetition (or continuance):

 

Therefore, I,…………………….. inhabitant of …………….. have voluntarily become security and do hereby bind myself, my heirs and executors to ……………………. as Judge of the said Court and his successors in office that the said defendant ……………… shall abstain from the repetition (or continuance) of the breach of contract aforesaid (or wrongful act, or from the committal of any breach of contract or injury o
f a like kind, arising out of the same contract, or relating to the same property or right), and in default of his so abstaining. I bind myself, my heirs and executors to pay into Court, on the order of the Court such sum to the extent of rupees as the Court shall adjudge against the said defendant.

 

Witness my hand at ………………… this ……………….. day of ……………………… 19…./20…. .

(Signed)

(Surety)

(w.e.f. 22-5-1915)

Witness:

 

 

Kerala.-Same as in Madras (ii).

Madras.-(i) In Appendix F, in Form No. 10, for the space and words “………or his successor in office for the time being” substitute the word “Court”.

(ii) after Form No 10, insert the following Form, namely:-

 

“No. 11

BOND TO BE GIVEN BY RECEIVER WHERE IMMOVABLE PROPERTY IS OFFERED AS SECURITY

(O. XL, r. 3)

 

Know all men by these presents, that we …………… and …………… are …………… jointly and severally bound to the Court …………… of ………. in Rs………….. to be paid to the said Court, 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 and we do as security for the said payment, mortgage to the Judge of the said Court, his successors-in-office and assigns the under-mentioned immovable properties which belong to us and of which we are possessed and which are free from mortgage charge or any other encumbrance and the title deeds of which have been lodged in the District Court.

 

Dated this …………… day of …………… 19…./20…..”

 

(Rest of the clauses will be continued as in Form No. 10)

 

 

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