A Digest of Civil Procedure Prevalent in British India, Volum 1

George Edward Knox

Church mission Press, 1877

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Continguts

Power to direct immediate execution of decree for money not ex ceeding Rs 1000	1

Sections	21

Sections	xi

554 556 558 561 Amplified Notice given to appellant and form of ob jection Appellate decree may take form agreed upon in provision as to issues ...	xii

359	xiii

CHAPTER	xiv

CHAPTER	xvii

578 562 564 565 566 567 568 569 570 Person altered to Court See section 37 Act 23 of 1861	xxi

Coart may recall and examine witness	193

33	195

Power to pronounce judgment written by Judges predecessor	199

Date of decree	205

254 Decree for money	206

In suits for land Court may decree payment of mesne profits with	211

217 Certified copies of decree and judgment to be furnished	217

39	221

Preamble	2

Act XXIII	6

PART 1	12

13	13

19	19

CHAPTER II	20

Procedure where thcy are subordinate to different High Courts	24

CHAPTER V	42

Suits to be commenced by plaint	43

Language of plaint	49

Particulars to be contained in plaintIn money suits Where plaintiff sues as a representative Defendants interest and liabi	50

Plaint to be subscribed and verified	51

Contents of verification Verification to be signed and attested	52

When the plaint may be rejected returned for amendment or amended Proviso Attestation of amendment	53

When the plaint shall be rejected	54

588 cl u 590 592	55

When rejection of plaint does not preclu de presentation of fresh plaint	56

2526	57

Procedure on admitting plaint Concise statements Register of suits	58

Production of document on which plaintiff sues Delivery of do cument or copy List of other documents	59

Statement in case of documents not in his possession or power	60

Suits on lost negotiable instruments	61

Production of shopbook Original entry to be marked and return	62

Inadmissibility of document not produced when plaint filed	63

Summons	64

Copy of statement annexed to summons	65

Court may order defendant or plaintiff to appear in person	66

No party to be ordered to appear in person unless resident within 50 or wbere there is a railway 200 miles	67

Summons to be either to settle issues or for final disposal	68

Fixing day for appearance of defendant	69

Summons to order defendant to produce documents required by plaintiff or relied on by defendant 71 On issue of summons or fioal disposal parties ...	70

Delivery of summons for service	72

Mode of service	73

Service on several defendants	74

Service to be on defendant in person when practicable or on his agent	75

Service on agent by whom defendant carries on bussiness	76

3031	77

CHAPTER X	80

33	85

CHAPTER XI	92

Dismissal of suit where summons not served in consequence	97

OF THE SUMMONING AND ATTENDANCE OF Witnesses	98

Sections	99

Summons to attend to give evidence or produce documents 160 Expenses of witnesses to be paid into Court on applying for summons Scale of expe...	100

Time place and purpose of attendance to be specified in summons 161 Summons to produce document 165 Power to require persons present in Cour...	102

Procedure where defendant residing out of British India does	103

Judgment when pronounced	117

Power to demand admission of genuineness of documents	128

Application for execution	137

Application by joint decreeholder	144

When application must be accompanied by extract from Collectors	152

360	153

361	156

Cross decree	158

Attachment of property of absconding witness	168

If witness appears attachment may be withdrawn	169

Procedure if witness fails to appear	170

Court may of its own accord summor as witnesses strangers to suit	171

Persons summoned to give evidence must attend	172

When they may depart	173

Consequences of nonattendance Consequences of refusal to give evidence or produce documents	174

Precedure when witness absconds	175

Persons summoned to attend in person if so required	176

Consequence of refusal of party to give evidence when called on by the Court	177

Rules as to witnesses to apply to parties summoned	178

Statement and production of evidence by party having right to begin Rules as to right to begin	179

Statement and production of evidence by other party Reply by party beginning	180

Witnesses to be examined in open Court	181

How evidence shall be taken in appealable cases	182

When witness may require his deposition to be interpreted	183

Memorandum when evidence is not taken down by Judge	184

When the evidence may be taken in English	185

Any particular question and answer may be taken down	186

187 Questions objected	187

Remarks on demeanour of witnesses	188

Amplified	189

Judge unable to make such memorandum to record reason of his inability	190

Power to deal with evidence taken down by Judge removed before conclusion of suit	191

Power to examine witness immediately	192

41	227

362	230

366	232

370	234

372	236

377 378 379	238

382	240

386	242

388	244

Decree for mesne profits or other matter amount of which to	255

Modes of paying money ander decree	257

Payment of money out of Court to decreeholder	258

Decree for specific moveables or recovery of wives	259

Decree for specific performance or restitution of conjugal rights	260

Decree for execution of conveyances or endorsement of negotiable instruments	261

262 Form and effect of execution of conveyance by Court	262

Decree for immoveable property	263

Delivery of immoveable property when in occupancy of tenant	264

Partition of estate or separation of share F Of Attachment of Property	265

Property liable to attachment and sale in execution of decree	266

Power to summon and examine persons as to property liable to be seized	267

Attachment of debt share and other property not in possession of judgmentdebtor	268

Attachment of moveable property in possession of defendant Pow er to make rules for maintenance of attached livestock	269

Attachment of negotiable instruments	270

Seizure of property in house Seizure of property in zapánás	271

Attachment of property deposited in Court or with Government offi cerProviso	272

Attachment of decree for money Attachment of other decrees Decreeholders to give information	273

Attachment of immoveable property	274

Act XI	275

Private alienation of property after attachment to be void	276

Court may direct coin or currencynotes attached to be paid to party entitled	277

Investigation of claims to and objections to attachment of attached property Postponement of sale	278

Evidence to be adduced by claimant	279

Release of property from attachment	280

Disallowance of claim to release of property attached	281

Continuance of attachment subject to claim of incumbrancer	282

Saving of suits to establish right to attached property	283

Power to order property attached to be sold and proceeds to be paid to person entitled	284

Property attached in execution of decrees of sereral Courts G Of Sale and Delivery of Property a General Rules	285

Sales by whom conducted and how made	286

Proclamation of sales by public auction Rules to be made by High Court	287

Not reenacted Reenacted Not reenacted but met by Reenacted Not reenacted but met by Reenacted Not reenactedSee however Limitation Act Very co...	303

9	312

10	319

il	336

584	346

587	350

1221	368

26	375

27	384

623	386

629 627	390

630	392

RemodelledCode to all India save scheduled districts 8	393

6	395

CHAPTER XIX	397

42	400

7	i

4346	ii

2	iii

1 para 3	3

1	4

2	5

3	7

93	14

17 20	15

Persons who may be joined as plaintiffs	16

2	21

557	24

Indemnity of Judges	25

99	28

One party may sne or defend on behalf of all in same interest	30

349 350351 171	32

Appearances c may be in person by recognized agent or	37

244588 cl j I	43

10	46

Mode of making proclamation 290 Time of sale	47

4	53

Notreenacted	56

Altres edicions - Mostra-ho tot

A Digest of Civil Procedure Prevalent in British India, Volum 2
George Edward Knox
Visualització completa - 1877

Frases i termes més freqüents

according action agent allowed amount appeal Appellate Court application appointed arbitration arrest attachment attendance award brought cause certificate CHAPTER Chunder Civil claim Code copy costs creditor debt debtor decision decree decree-holder defendant direct District documents entitled evidence examination execution fact filed fixed follows further give given Government granted ground hearing held High Court India interest issue Judge judgment judgment-debtor jurisdiction land limits lower matter ment Musst necessary notice objection obtained officer original paid party passed payment person plaint plaintiff pleader possession present Procedure proceed proceedings produce proper proved purchaser question reason received record reference refused representative resides respect rules served share Singh sold statement sufficient suit summons taken thereof thinks tion unless witnesses written

Passatges populars

Pàgina lxxv - ... that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is...

Apareix a 179 llibres de 1807-2004

Pàgina 314 - ... such further or other relief as the nature of the case may require.

Apareix a 167 llibres de 1849-2006

Pàgina 288 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.

Apareix a 130 llibres de 1848-2003

Pàgina 40 - Order, the plaintiff may unite in the same action several causes of action, but if it appear to the Court or a Judge that any such causes of action cannot be conveniently tried or disposed of together, the Court or Judge may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.

Apareix a 82 llibres de 1873-1994

Pàgina 288 - ... or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...

Apareix a 111 llibres de 1832-2005

Pàgina 114 - ... may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial...

Apareix a 127 llibres de 1848-2004

Pàgina xxiii - That by an agreement dated the day of 187 , it was agreed by and between the plaintiff and the defendant that the plaintiff...

Apareix a 107 llibres de 1832-1999

Pàgina 384 - Act, the court may, either of its own motion or on the application of any...

Apareix a 211 llibres de 1859-2008

Pàgina 30 - Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff...

Apareix a 146 llibres de 1832-1993

Pàgina 44 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.

Apareix a 342 llibres de 1853-2006

Informació bibliogràfica

QR code for A Digest of Civil Procedure Prevalent in British India

Títol	A Digest of Civil Procedure Prevalent in British India, Volum 1 A Digest of Civil Procedure Prevalent in British India, George Edward Knox
Autor	George Edward Knox
Editor	Church mission Press, 1877
Original de	Universitat de Harvard
Digitalitzat el	14 Des. 2007

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