Such report or reports with the schedule and the map, if any, shall be annexed to the Commission and transmitted to the Court; and the Court, after hearing any objections which the parties may make to the report or reports, shall confirm, vary or set aside the same. If there be no good pound available, or, if in the opinion of the Court, it b: inconvenient to lodge the attached livestock in the pound, the Nazir may keep them in his own premises or he may entrust them to any person selected by himself and approved by the Court. Such officer shall, however, be required to produce a certificate duly signed by the Head of his office showing the rates of travelling and other allowances admissible to him as for a journey on tour. Ordinarily every process, except those that are to be served on Europeans, shall be written in the Court vernacular. The result of the enquiry under rule 66 shall be noted in an order made for the purpose by the presiding Judge in his own handwriting.
If an order of attachment is made without complying with the provisions of sub-rule 1 of Rule 5, such attachment shall be void. Execution of decrees outside India. If the act was one such as is ordinarily done by the officer in the course of his official duties, and he considers himself to be acting as a public officer and desired other persons to consider that he was so acting, the act clearly purports to be done in his official capacity. Section 26 renumberd as sub-section 26 1 thereof by Act No. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. Commissioner may be examined in person—The report of the Commissioner and the evidence taken by him but not the evidence without the report shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to suit may examine the Commissioner personally in open Court touching any part of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation.
Decree against minor to be set aside unless prejudice has been caused to his interests. If any specimen of special value in any of the above classes is seized, a special rate may be fixed by the Court. Application to set aside sale on ground of irregularity or fraud. Production of document on which plaintiff sues. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business.
The pound-keeper shall take charge of, feed and water animals attached and committed as aforesaid, until they are withdrawn from his custody as hereinafter provided and he shall be entitled to be paid for their maintenance at such rates as may be,from time to time, prescribed under proper authority. It has been extended to the State of Sikkim except for Sections 123 and 124 w. Payment or delivery under order to be a valid discharge. If in any such suit or proceeding at any stage, it appears to the court that there is a reasonable possibility of a settlement between the parties, the court may adjourn the proceeding for such period as it thinks fit, to enable attempts to be made to effect such a settlement. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. Where the inability to execute the process is stated to be due to the satisfaction of the decree and such satisfaction has been endorsed on the process as mentioned in sub-rule 2 above, the Court shall issue notice to the decree-holder to show cause on a day to be fixed by the Court, why such satisfaction should not be recorded as certified, and if after service ofsuch notice the decree-holder fails to show cause why the satisfaction should not be recorded as certified the Court shall record the same accordingly.
If on the date fixed, such party is not present and the process is not declared by the Court under rule 19 of Order 5, to have been duly served, another date shall be fixed and a copy of the process shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the process had been personally served. The provisions of section 5 of the Indian Limitation Act, 1963, shall apply to an application made under sub-rule 1 of rule 9 or rule 13. An acknowledgment purporting to be signed by the defendant or an endorsement by a postal servant that the defendant refused service shall be deemed by the Court issuing the summons to be prima facie proof of service. Courts to try all civil suits unless barred 10. Where a suit was filed against the State impleading the concerned public authority, viz. A copy of such notice shall, unless otherwise ordered by the Court, be served on the judgment-debtor.
The following form shall be used under the provisions of rule 131 of Order 21: Suit No …………… of 20 …. Power of High Courts to make rules as to their original civil procedure 130. When property other than livestock is brought to the Court, it shall immediately be made over to the Nazir, who shall keep it on his sole responsibility in such place as may be approved by the Court. Third Party to file Affidavit in Reply. If on the date fixed such party is not present, another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address of that party by registered post pre-paid for acknowledgment, which payment shall be made within one month from the date originally fixed for hearing and such service shall be deemed to be as effectual as if the notice or process had been personally served.
A delivers the goods accordingly in Calcutta. The person making the translation or transliteration shall give his name and address and verify that the translation or transliteration is correct. Procedure re: debt owing from a firm. The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow 34. Though it has been amended number of time it stood the test of time.
The person before whom any affidavit is about to be made shall, before the same is made, ask the person proposing to make such affidavit if he has read the affidavit and understands the contents thereof, and if the person proposing to make such affidavit states that he has not read the affidavit or appears not to understand the contents thereof, or appears to be illiterate, the person before whom the affidavit is about to be made shall read and explain, or cause some other competent person to read and explain in his presence, the affidavit to the person proposing to make the same, and when the person before whom the affidavit is about to be made is thus satisfied that the person proposing to make such affidavit understands the contents thereof, the affidavit may be made. An order under this rule may be passed by the Court suo motu or on the application of any party. The duty to bring on record the legal representatives of the deceased-defendant shall be of the heirs of the deceased and not of the person who is dominos litis. Exemption from arrest and personal appearance 82. If one or more of the proposed guardians signify his or their consent to act, the Court shall appoint one of them and intimate the fact of such appointment to the person appointed by registered post. A delivers the goods accordingly in Calcutta.
If the document is admitted in evidence the opposite party shall either admit the correctness of the translation or the transliteration or submit his own translation or transliteration of the document. On default of reply to counter-claim, the counter-claim may be set down for judgment. In case any person himself desires to be appointed guardian of the minor instead of the proposed guardian, he shall furnish an affidavit verifying the fact that he has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed. Nothing in these rules shall prevent the judgment-debtor or any person, claiming to be interested in attached livestock from making such arrangements for feeding, watering and tending the same as may not be inconsistent with its safe custody, or contrary to any order of the Court. If on the date fixed such party is not present, another date shall be fixed and a copy of the notice, summons or other process shall be sent to registered address of that party by registered post pre-paid for acknowledgment which pre-payment shall be made within one month from the date originally fixed for hearing and such service shall be deemed to be as effectual as if the notice of process had been personally served.