CIVIL PROCEDURE CODE,1908

ORDER-1: parties to suit.

RULE 1. Who may be joined as plaintiffs.

EXPLAINATION: This means deciding who can join together as plaintiffs, or those
bringing a case to court.

RULE 2. Power of Court to order separate trial.

EXPLAINATION: This gives the court the authority to decide if parts of a case
should be tried separately.

RULE 3. Who may be joined as defendants.

EXPLAINATION: This is about determining who can be brought together as
defendants, or those defending against a case.

RULE 3A. Power to order separate trials where joinder of defendants may
embarrass or delay trial.
EXPLAINATION: If having all defendants together in a case would make things
complicated or slow, the court can order separate trials for them.

RULE 4. Court may give judgment for or against one or more joint parties.
EXPLAINATION: The court can make a decision for or against any one or more of
the parties who are together in the case.

RULE 5. Defendant need not be interested in all the relief claimed.

EXPLAINATION: A defendant doesn't have to care about or be involved in every
part of the relief what's being asked for in the case.

RULE 6. Joinder of parties liable on same contract.

EXPLAINATION: This is about bringing together all the parties who are responsible
under the same contract in a case.

RULE 7. When plaintiff in doubt from whom redress is to be sought.

EXPLAINATION: If the plaintiff isn't sure who they should seek redress
(compensation or remedy) from, they can bring all potential parties to court.

RULE 8. One person may sue or defend on behalf of all in the same interest.
EXPLAINATION: One person can represent everyone who shares the same interest
in a case.

RULE 8A. Power of Court to permit a person or body of persons to present opinion
or to take part in the proceedings.
EXPLAINATION: The court can allow someone or a group to share their opinion or
be involved in the legal process.

RULE 9. Misjoinder and non-joinder.

EXPLAINATION: This refers to when parties are either mistakenly joined together
or left out in a case.

RULE 10. Suit in name of wrong plaintiff. Court may strike out or add parties.
Where defendant added, plaint to be amended.
EXPLAINATION: If the wrong person is named as the plaintiff, the court can correct
it.

RULE 10A. Power of Court to request any pleader to address it.

EXPLAINATION: The court can ask any lawyer to speak or address it during the
proceedings.

RULE 11. Conduct of suit.

EXPLAINATION: This refers to how the case is managed and carried out.

RULE 12. Appearance of one of several plaintiffs or defendants for others.

EXPLAINATION: One person can appear in court on behalf of multiple plaintiffs or
defendants.

RULE 13. Objections as to non-joinder or misjoinder.

EXPLAINATION: This is about raising concerns or objections regarding parties who
are either not included or incorrectly included in the case.

ORDER-2: Frame of suit.

RULE 1. Frame of suit.

EXPLAINATION: This is how the case is presented or structured in court, including
who the parties are and what they're arguing about.

RULE 2. Suit to include the whole claim. Relinquishment of part of claim. Omission
to sue for one of several reliefs.
EXPLAINATION: This means that when you file a lawsuit, you need to include all
parts of your claim, but you can choose to give up some of it or not ask for every
possible remedy.

RULE 3. Joinder of causes of action.

EXPLAINATION: This involves combining different reasons or legal grounds for a
lawsuit into one case.

RULE 4. Only certain claims to be joined for recovery of immovable property.

EXPLAINATION: When trying to get back property like land or buildings, only
specific types of claims can be included in the lawsuit.
RULE 5. Claims by or against executor, administrator, or heir.
EXPLAINATION: This relates to lawsuits involving someone who is handling the
estate of a deceased person or someone who stands to inherit from them.

RULE 6. Power of Court to order separate trials.

EXPLAINATION: The court can decide to have different parts of a case tried
separately if it would make things clearer or fairer.

RULE 7. Objections as to misjoinder.

EXPLAINATION: This is raising concerns about parties being incorrectly joined
together in a lawsuit.

ORDER-3: Recognized Agents and Pleaders

RULE 1. Appearances, etc., may be in person, by recognized agent or by pleader.

EXPLAINATION: This means that when dealing with legal matters in court, you can
show up yourself, have someone you trust represent you, or hire a lawyer to speak
on your behalf.

RULE 2. Recognized agents.

EXPLAINATION: These are individuals officially authorized to act on behalf of
someone else in legal matters.

RULE 3. Service of process on recognized agent.

EXPLAINATION: This refers to delivering legal documents (like a summons or
complaint) to the recognized agent representing someone in a legal case.

RULE 4. Appointment of pleader.

EXPLAINATION: This is the process of officially choosing and hiring a lawyer to
handle your legal affairs in court.

RULE 5. Service of process on pleader.

EXPLAINATION: It's about delivering legal documents directly to the lawyer who's
representing someone in a case.

RULE 6. Agent to accept service. Appointment to be in writing and to be filed in

Court.
EXPLAINATION: If someone chooses an agent to accept legal documents on their
behalf, this appointment needs to be in writing and submitted to the court.

ORDER-4: Institution of suits

RULE 1. Suit to be commenced by plaint.

EXPLAINATION: This means starting a legal case by filing a formal written
document called a "plaint" which outlines the details of the case, such as who the
parties are and what the dispute is about.

RULE 2. Register of suits.

EXPLAINATION: This is like a list or record kept by the court that contains
information about all the ongoing legal cases, including their names, numbers, and
other important details to keep track of them.

ORDER-5: Issue and Service of Summons

 Issue of summons

RULE 1. Summons.
EXPLAINATION: This is an official notice from the court telling someone they need
to appear in court for a legal matter, usually to respond to a lawsuit or to give
evidence.

RULE 2. Copy of plaint annexed to summons.

EXPLAINATION: Along with the summons, a copy of the plaintiff's statement of
claim (plaint) is attached, so the defendant knows exactly what they're being
accused of.

RULE 3. Court may order defendant or plaintiff to appear in person.

EXPLAINATION: The court can require either the defendant or the plaintiff to come
to court themselves instead of sending a lawyer, especially if their personal
presence is necessary.

RULE 4. No party to be ordered to appear in person unless resident within certain

limits.
EXPLAINATION: Usually, the court won't force someone to appear in person if they
live far away, beyond a certain distance from the court.

RULE 5. Summons to be either to settle issues or for final disposal.

EXPLAINATION: The summons tells the parties whether they need to come to
court to resolve certain issues or if it's for the final decision on the case.

RULE 6. Fixing day for appearance of defendant.

EXPLAINATION: The court sets a specific date for the defendant to appear in court
and respond to the lawsuit.

RULE 7. Summons to order defendant to produce documents relied on by him.

EXPLAINATION: The court can tell the defendant to bring any documents they plan
to use as evidence in their defense when they come to court.

RULE 8. On the issue of summons for final disposal, defendant to be directed to

produce his witnesses.
EXPLAINATION: If the court is ready to make a final decision on the case, it can
order the defendant to bring any witnesses they have to support their side of the
story.

Service of Summons

RULE 9. Delivery of summons by Court.

EXPLAINATION: The court sends the summons to the defendant or their
representative.

RULE 9A. Summons given to the plaintiff for service.

EXPLAINATION: The court gives the summons to the plaintiff to deliver it to the
defendant.

RULE 10. Mode of service.

EXPLAINATION: This describes how the summons is legally delivered to the
defendant, ensuring they are properly notified of the legal proceedings against
them.

RULE 11. Service to several defendants.

EXPLAINATION: If there are multiple defendants in a case, the summons must be
served to each of them individually.

RULE 12. Service to be on defendant in person when practicable, or on his agent.

EXPLAINATION: Ideally, the summons should be given directly to the defendant,
but if not possible, it can be given to their authorized representative.

RULE 13. Service on agent by whom defendant carries on business.

EXPLAINATION: If the defendant conducts business through an agent, the
summons can be served to that agent.

RULE 14. Service on agent in charge in suits for immovable property.

EXPLAINATION: In cases involving property, a summons can be served to the
person in charge of managing that property.

RULE 15. Where service may be on an adult member of defendant’s family.

EXPLAINATION: If the defendant is not available, the summons can be served to
an adult member of their family.

RULE 16. The person served to sign acknowledgement.

EXPLAINATION: The person receiving the summons must acknowledge receipt by
signing a document.

RULE 17. Procedure when defendant refuses to accept service or cannot be found.
EXPLAINATION: If the defendant refuses to accept the summons or cannot be
located, the court follows specific procedures to ensure proper service.

RULE 18. Endorsement of time and manner of service.

EXPLAINATION: Details of how and when the summons was served are noted on
the document.

RULE 19. Examination of serving officer.

EXPLAINATION: The court may question the person who served the summons to
ensure it was done correctly.

RULE 19A. [Omitted.]

RULE 20. Substituted service. Effect of substituted service. Where service
substituted, time for appearance to be fixed.
EXPLAINATION: If traditional service methods fail, the court may allow alternative
methods to serve the summons.

RULE 20A. [Repealed.]

RULE 21. Service of summons where defendant resides within jurisdiction of

another Court.
EXPLAINATION: If the defendant lives in an area covered by a different court,
special procedures are followed for service.

RULE 22. Service within presidency-towns of summons issued by Courts outside.

EXPLAINATION: Specific rules apply to serving summons in major cities that have
their own separate court systems.

RULE 23. Duty of Court to which summons is sent.

EXPLAINATION: The court receiving the summons is responsible for ensuring it's
properly served.

RULE 24. Service on defendant in prison.

EXPLAINATION: If the defendant is in prison, the summons must still be delivered
to them.

RULE 25. Service where defendant resides out of India and has no agent.
EXPLAINATION: Special provisions apply for serving summons to defendants
residing outside India without a representative.

RULE 26. Service in foreign territory through Political Agent or Court.

EXPLAINATION: In foreign countries, summons may be served through diplomatic
channels or local courts.
RULE 26A. Summonses to be sent to officers to foreign countries.
EXPLAINATION: This means that summonses (legal notices) can be sent to officials
or representatives of foreign countries to ensure that legal proceedings are properly
served to defendants residing in those countries. It allows for international legal
communication to ensure that defendants are aware of legal actions against them,
even if they are outside the country where the lawsuit was filed.

RULE 27. Service as a civil public officer or on servant of railway company or local
authority.
EXPLAINATION: Certain individuals or employees of specific organizations can
accept service on behalf of the defendant.

RULE 28. Service on soldiers, sailors, or airmen.

EXPLAINATION: Special provisions exist for serving summons to members of the
military.

RULE 29. Duty of person to whom summons is delivered or sent for service.
EXPLAINATION: Whoever is tasked with serving the summons must carry out the
duty diligently.
RULE 30. Substitution of letter for summons.
EXPLAINATION: In some cases, a letter may be used instead of a formal summons,
depending on the circumstances.

ORDER-6: Pleadings Generally

RULE 1. Pleading.
EXPLAINATION: This is the formal presentation of each party's claims and defenses
in a legal case.
RULE 2. Pleading to state material facts and not evidence.
EXPLAINATION: Pleadings should outline important facts relevant to the case, not
evidence or arguments.

RULE 3. Forms of pleading.

EXPLAINATION: This refers to different formats or styles in which legal arguments
and responses can be presented to the court.

RULE 4. Particulars to be given where necessary.

EXPLAINATION: Additional details or specifics must be provided when required by
the court.

RULE 5. [Omitted.]

RULE 6. Condition precedent.

EXPLAINATION: Certain actions or events that must occur before a legal obligation
takes effect.

RULE 7. Departure.
EXPLAINATION: Moving away from the original claims or defenses made in the
pleadings, which may require explanation or adjustment.

RULE 8. Denial of contract.

EXPLAINATION: Contesting the existence or terms of a contract alleged by the
opposing party.

RULE 9. Effect of document to be stated.

EXPLAINATION: If a document is referred to in the pleadings, its legal significance
or impact should be explained.

RULE 10. Malice, knowledge, etc.

EXPLAINATION: Allegations regarding someone's intent, awareness, or state of
mind in relation to the case.

RULE 11. Notice.

EXPLAINATION: Formal communication or notification regarding legal matters.

RULE 12. Implied contract, or relation.

EXPLAINATION: Claiming the existence of a contract or legal relationship that isn't
explicitly stated but is inferred from circumstances or conduct.

RULE 13. Presumptions of law.

EXPLAINATION: Assumptions or conclusions drawn by law without requiring
specific evidence.

RULE 14. Pleading to be signed.

EXPLAINATION: Confirmation that the pleadings are authentic and accurate,
usually done with a signature.

RULE 14A. Address for service of notice.

EXPLAINATION: Providing a specific address where legal notices should be sent.

RULE 15. Verification of pleadings.

EXPLAINATION: Affirming the truthfulness of the contents of the pleadings, often
done under oath or penalty of perjury.

RULE 16. Striking out pleadings.

EXPLAINATION: Removing or disregarding certain parts of the pleadings that are
improper or irrelevant.

RULE 17. Amendment of pleadings.

EXPLAINATION: Making changes or additions to the pleadings to correct errors or
clarify issues.
RULE 18. Failure to amend after order.
EXPLAINATION: Not complying with the court's directive to modify the pleadings
within a specified timeframe.

ORDER-7: Plaint

RULE 1. Particulars to be contained in plaint.

EXPLAINATION: This refers to the specific details that must be included in the
written complaint or statement of claim filed by the plaintiff to start a lawsuit.

RULE 2. In money suits.

EXPLAINATION: For cases involving claims for money, the plaint must outline the
amount being claimed and the reasons behind it.

RULE 3. Where the subject-matter of the suit is immovable property.

EXPLAINATION: If the lawsuit relates to land or buildings, the plaint should provide
details about the property in question.

RULE 4. When plaintiff sues as representative.

EXPLAINATION: If the plaintiff is representing others, such as in a class-action
lawsuit, the plaint needs to clarify this representation and who they are
representing.

RULE 5. Defendant’s interest and liability to be shown.

EXPLAINATION: The plaint should explain the defendant's involvement in the case
and their responsibility or liability for the alleged wrongdoing.
RULE 6. Grounds of exemption from limitation law.
EXPLAINATION: If the plaintiff is claiming an exemption from the time limit for
filing the lawsuit (limitation law), the grounds for this exemption should be stated in
the plaint.

RULE 7. Relief to be specifically stated.

EXPLAINATION: The plaint must clearly specify what relief or remedy the plaintiff is
seeking from the court, such as compensation, injunction, or specific performance.

RULE 8. Relief is founded on separate grounds.

EXPLAINATION: This means that if a plaintiff is seeking different types of relief
based on distinct legal reasons, they should clearly outline each ground in their
claim.

RULE 9. Procedure on admitting plaint.

EXPLAINATION: Once the plaintiff submits the complaint (plaint) to the court, the
court reviews it to ensure it meets all necessary requirements before accepting it for
further legal proceedings.

RULE 10. Return of plaint. Procedure on returning plaint.

EXPLAINATION: If the court finds deficiencies in the plaint, it may return it to the
plaintiff for corrections or additional information. When the court returns the plaint,
it outlines the reasons for doing so and provides instructions for the plaintiff to
follow in order to address the issues.

RULE 10A. Power of Court to fix a date of appearance in the Court where plaint is
to be filed after its return.
EXPLAINATION: The court may set a specific date for the plaintiff to reappear in
court after making corrections to the returned plaint.

RULE 10B. Power of appellate Court to transfer suit to the proper Court.
EXPLAINATION: If a case is filed in the wrong court, the higher appellate court can
transfer it to the appropriate court for handling.
RULE 11. Rejection of plaint.
EXPLAINATION: If the court finds serious defects in the plaint that cannot be
rectified, it may reject the complaint outright.

RULE 12. Procedure on rejecting plaint.

EXPLAINATION: When the court rejects the plaint, it provides reasons for the
rejection and informs the plaintiff about their options, such as filing an appeal or
presenting a fresh complaint.

RULE 13. Where rejection of plaint does not preclude presentation of fresh plaint.
EXPLAINATION: Even if the court rejects the plaint, the plaintiff can still file a new
complaint with the necessary corrections or additional information to address the
reasons for the rejection.

Documents relied on in Plaint.

RULE 14. Production of document on which plaintiff sues or relies.

EXPLAINATION: The plaintiff must present any relevant documents they are using
as evidence or a legal basis for their case.

RULE 15. [Omitted.]

RULE 16. Suits on lost negotiable instruments.

EXPLAINATION: If someone is suing based on a lost financial document, like a
check or promissory note, specific legal procedures apply.

RULE 17. Production of shop-book. Original entry to be marked and returned.

EXPLAINATION: If a shop's records are used as evidence, the original entries must
be shown to the court, marked for identification, and returned to the shop.

RULE 18. [Omitted.]

ORDER-8: Written statement, set-off and counter-claim.

RULE 1. Written statement.

EXPLAINATION: This is the formal response from the defendant to the plaintiff's
claims, presenting their side of the story and defenses.

RULE 1A. Duty of defendant to produce documents upon which relief is claimed or
relied upon by him.
EXPLAINATION: The defendant must provide any documents they plan to use to
support their defense or counterclaim.

RULE 2. New facts must be specially pleaded.

EXPLAINATION: If the defendant wants to introduce new facts that weren't in the
original complaint, they need to clearly state them in their written statement.

RULE 3. Denial to be specific.

EXPLAINATION: If the defendant disagrees with any of the plaintiff's claims, they
must provide specific reasons for their disagreement.

RULE 4. Evasive denial.

EXPLAINATION: When the defendant avoids directly addressing the plaintiff's
claims or provides unclear responses in their written statement.

RULE 5. Specific denial.

EXPLAINATION: The defendant directly refutes the plaintiff's claims with clear and
specific responses in their written statement.

RULE 6. Particulars of set-off to be given in written statement. Effect of set-off.

EXPLAINATION: If the defendant claims they are owed money by the plaintiff, they
must explain the details in their written statement. Set-off allows for the
defendant's claim to be deducted from any judgment against them.

RULE 6A. Counter-claim by defendant.

EXPLAINATION: This is when the defendant in a lawsuit not only defends against
the plaintiff's claims but also files their own claim against the plaintiff, usually based
on related issues arising from the same situation. It allows the defendant to assert
their own rights and seek relief from the plaintiff.
RULE 6B. Counter-claim to be stated.
EXPLAINATION: This means that if the defendant wants to make a counter-claim
against the plaintiff, they must clearly outline it in their legal response. They need
to explain the nature of their claim, the reasons behind it, and what relief or remedy
they are seeking from the court.

RULE 6C. Exclusion of counter-claim.

EXPLAINATION: This refers to the court's decision not to allow the defendant's
counter-claim to proceed in the ongoing lawsuit. It means that the defendant's
additional claim against the plaintiff will not be considered or addressed as part of
the current legal proceedings.

RULE 6D. Effect of discontinuance of suit.

EXPLAINATION: If the plaintiff discontinues the suit: If the person who started the
lawsuit decides to stop it, the case ends, and the defendant usually cannot be sued
again for the same claim.
Possible payment of costs: The plaintiff might have to pay the defendant's legal
costs incurred up to the point of discontinuance, unless there's an agreement or a
court order saying otherwise.

RULE 6E. Default of plaintiff to reply to counter-claim.

EXPLAINATION: If the plaintiff fails to respond to the defendant's counter-claim
within the specified time, it signifies a default on their part, indicating a lack of
addressal or acknowledgment towards the defendant's additional claim.
Consequently, the court may proceed with the defendant's counter-claim
independently, potentially resulting in a judgment favoring the defendant regarding
their counter-claim, as the plaintiff's failure to reply forfeits their opportunity to
contest it.
RULE 6F. Relief to defendant where counter-claim succeeds.
EXPLAINATION: If the defendant's counter-claim proves successful, they stand to
gain a positive judgment or remedy from the court, which could include receiving
monetary compensation or obtaining an injunction against the plaintiff. This success
allows the defendant to address any damages or losses they suffered due to the
plaintiff's actions, as acknowledged by the court's decision on the counter-claim,
thereby providing relief and potentially rectifying the harm caused.
RULE 6G. Rules relating to written statement to apply.
EXPLAINATION: The application of rules ensures that the regulations guiding the
submission of a defendant's written statement extend to all associated procedures
and actions. This consistency in application maintains uniform standards throughout
the legal process, ensuring fairness and equity in proceedings, as the same
guidelines govern the preparation and submission of the written statement, thereby
upholding the integrity of the judicial process.

RULE 7. Defense or set-off founded upon separate grounds.

EXPLAINATION: This means the defendant can argue their case or assert a
counterclaim based on different reasons or legal grounds than those presented by
the plaintiff, even if they're related.

RULE 8. New ground of defense.

EXPLAINATION: If the defendant introduces a fresh argument or defense not
previously mentioned, they must clearly state it in their legal response.

RULE 8A. [Omitted.]

RULE 9. Subsequent pleadings.

EXPLAINATION: Any additional documents or responses filed after the initial
written statement by both parties during the course of the legal proceedings.

RULE 10. Procedure when party fails to present written statement called for by
Court.
EXPLAINATION: If a party doesn't submit the required written statement as
directed by the court, there are specific steps or consequences outlined by the court
to address this failure.
ORDER-9: Appearance of Parties and Consequence of non-
Appearance

RULE 1. Parties to appear on day fixed in summons for defendant to appear and
answer.
EXPLAINATION: On the day set in the summons, both the plaintiff and defendant
must attend court. The summons serves as official notice to the defendant,
obligating them to appear and respond to the lawsuit filed by the plaintiff. This
entails addressing the claims made against them by admitting, denying, or
presenting a defense in response to the allegations outlined in the lawsuit.
RULE 2. Dismissal of suit where summons was not served in consequence of
plaintiff’s failure to pay costs.
EXPLAINATION: On the day set in the summons, both the plaintiff and defendant
must attend court. The summons serves as official notice to the defendant,
obligating them to appear and respond to the lawsuit filed by the plaintiff. This
entails addressing the claims made against them by admitting, denying, or
presenting a defense in response to the allegations outlined in the lawsuit.

RULE 3. Where neither party appears suit to be dismissed.

EXPLAINATION: If neither the plaintiff nor the defendant shows up in court, the
lawsuit may be dismissed by the court due to lack of participation from both sides.

RULE 4. Plaintiff may bring fresh suit or Court may restore suit to file.
EXPLAINATION: After dismissal of a suit, the plaintiff might be allowed to file a new
lawsuit on the same matter, or the court might reinstate the dismissed suit.

RULE 5. Dismissal of suit where plaintiff after summons returned unserved, fails for
seven days to apply for fresh summons.
EXPLAINATION: If the plaintiff doesn't request new summons within seven days
after the previous ones weren't served, the court may dismiss the suit.

RULE 6. Procedure when only plaintiff appears. When summons duly served. When
summons not duly served. When summons served but not in due time.
EXPLAINATION: When summons duly served: If the defendant was properly served
with the summons but fails to appear, the plaintiff's case may proceed.
 When summons not duly served: If the defendant was not properly served,
the court may adjourn the hearing.
 When summons served but not in due time: If the summons was served late,
the court may adjourn the hearing.

RULE 7. Procedure where defendant appears on day of adjourned hearing and

assigns good cause for previous non-appearance.
EXPLAINATION: If the defendant explains a valid reason for not appearing in the
previous hearing, the court may consider it and proceed accordingly.

RULE 8. Procedure where defendant only appears.

EXPLAINATION: If only the defendant shows up to a hearing, the court follows
specific procedures to address the situation.

RULE 9. Decree against plaintiff by default bars fresh suit.

EXPLAINATION: If the court issues a judgment against the plaintiff due to their
default, the plaintiff might not be allowed to file a new lawsuit on the same matter.

RULE 10. Procedure in case of non-attendance of one or more of several plaintiffs.

EXPLAINATION: If one or more plaintiffs fail to attend a hearing, the court follows a
particular procedure to handle the situation.

RULE 11. Procedure in case of non-attendance of one or more of several

defendants.
EXPLAINATION: similarly, if one or more defendants don't appear in court, the
court has specific procedures to address their absence.
RULE 12. Consequence of non-attendance, without sufficient cause shown, of party
ordered to appear in person.
EXPLAINATION: If a party ordered to appear in person fails to do so without a valid
reason, there may be consequences imposed by the court.

Setting aside Decree ex parte

RULE 13. Setting aside decree ex parte against defendant.

EXPLAINATION: This means canceling a judgment made against the defendant
when they didn't appear in court to defend themselves.

RULE 14. No decree to be set aside without notice to the opposite party.
EXPLAINATION: Before canceling a judgment, the court must inform the other
party involved to ensure fairness and give them an opportunity to respond or
present their case.

ORDER-10: Examination of Parties by the Court

RULE 1. Ascertainment whether allegations in pleadings are admitted or denied.

EXPLAINATION: This involves determining whether the claims made in the legal
documents (pleadings) are accepted or rejected by the parties involved in the case.

RULE 1A. Direction of the court to opt for any one mode of alternative dispute
resolution.
EXPLAINATION: The court may instruct the parties to consider resolving their
dispute through methods like mediation or arbitration instead of pursuing a
traditional trial.

RULE 1B. Appearance before the conciliatory forum or authority.

EXPLAINATION: Parties involved in a dispute may be required to attend meetings
or sessions with a mediator or conciliator to try and reach a settlement outside of
court.

RULE 1C. Appearance before the court consequent to the failure of efforts of
conciliation.
EXPLAINATION: If attempts at reaching a settlement through conciliation fail, the
parties may have to return to court for further legal proceedings.

RULE 2. Oral examination of party, or companion of party.

EXPLAINATION: This involves questioning a party or someone closely associated
with them, orally, during a legal proceeding.

RULE 3. Substance of examination to be written.

EXPLAINATION: Any information obtained during the oral examination must be
accurately recorded in writing for future reference and legal documentation.

RULE 4. Consequence of refusal or inability of pleader to answer.

EXPLAINATION: If a legal representative (pleader) fails or refuses to answer
questions during legal proceedings, there may be consequences such as sanctions
or adverse inferences drawn by the court.
ORDER-11: Discovery and Inspection

RULE 1. Discovery by interrogatories.

EXPLAINATION: This is a legal process where one party in a lawsuit submits
written questions to the other party, seeking information relevant to the case.

RULE 2. Particular interrogatories to be submitted.

EXPLAINATION: The questions asked during the discovery process must be specific
and related to the issues in the lawsuit.

RULE 3. Costs of interrogatories.

EXPLAINATION: The party submitting the interrogatories may be required to cover
the expenses associated with preparing and serving the questions.

RULE 4. Form of interrogatories.

EXPLAINATION: The questions submitted must adhere to a specified format
outlined by the court or legal guidelines.

RULE 5. Corporations.
EXPLAINATION: Specific rules may apply when interrogating corporations,
considering their unique legal status.

RULE 6. Objections to interrogatories by answer.

EXPLAINATION: The responding party may raise objections to certain questions
within their answers, citing reasons such as irrelevance or privilege.
RULE 7. Setting aside and striking out interrogatories.
EXPLAINATION: In some cases, interrogatories may be challenged or removed
from consideration by the court if they are deemed improper or excessive.

RULE 8. Affidavit in answer, filing.

EXPLAINATION: The responses to interrogatories are typically provided in the form
of an affidavit, which is a sworn statement, and must be filed with the court.

RULE 9. Form of affidavit in answer.

EXPLAINATION: The affidavit containing the responses must follow a specific
format outlined by legal requirements.

RULE 10. No exception to be taken.

EXPLAINATION: Parties generally cannot refuse to answer interrogatories without
valid reasons recognized by the court.

RULE 11. Order to answer or answer further.

EXPLAINATION: If the responses to interrogatories are deemed insufficient, the
court may order the party to provide more detailed or complete answers.

RULE 12. Application for discovery of documents.

EXPLAINATION: Parties may seek access to relevant documents related to the
case through a formal legal process.

RULE 13. Affidavit of documents.

EXPLAINATION: Similar to interrogatories, parties may provide information about
relevant documents through sworn affidavits.

RULE 14. Production of documents.

EXPLAINATION: Parties may be required to physically provide copies of relevant
documents to the opposing party.
RULE 15. Inspection of documents referred to in pleadings or affidavits.
EXPLAINATION: The opposing party may have the right to inspect documents
mentioned in legal pleadings or affidavits.

RULE 16. Notice to produce.

EXPLAINATION: Parties may be required to notify the opposing party in advance if
they intend to produce certain documents during legal proceedings.

RULE 17. Time for inspection when notice given.

EXPLAINATION: Specific timeframes may be established for the inspection of
documents after proper notice is given.

RULE 18. Order for inspection.

EXPLAINATION: The court may issue an order allowing one party to inspect
documents held by the other party.

RULE 19. Verified copies.

EXPLAINATION: Documents provided during discovery may need to be verified as
accurate copies.

RULE 20. Premature discovery.

EXPLAINATION: Discovery requests made before the appropriate stage of the legal
process may be considered premature and may not be allowed by the court.

RULE 21. Non-compliance with order for discovery.

EXPLAINATION: Failure to comply with court orders regarding discovery may result
in penalties or sanctions.

RULE 22. Using answers to interrogatories at trial.

EXPLAINATION: The responses provided during discovery, including
interrogatories, may be used as evidence during the trial.

RULE 23. Order to apply to minors.

EXPLAINATION: Special considerations may apply when seeking discovery from
minors, with the court overseeing the process to ensure their protection and
welfare.

ORDER-12: Admissions

RULE 1. Notice of admission of case.

EXPLAINATION: This is formal communication where one party notifies the other
that they accept certain facts or aspects of the case without dispute, potentially
simplifying the legal proceedings.

RULE 2. Notice to admit documents.

EXPLAINATION: A party may request the other to acknowledge the authenticity or
existence of specific documents relevant to the case, streamlining the process by
obtaining agreement on certain evidence.

RULE 2A. Document to be deemed to be admitted if not denied after service of

notice to admit documents.
EXPLAINATION: If a party doesn't refute the authenticity or existence of a
document after receiving notice, it's considered accepted, potentially simplifying the
case by avoiding unnecessary disputes over evidence.

RULE 3. Form of notice.

EXPLAINATION: The communication requesting admission of facts or documents
must follow a specified format outlined by legal requirements or court rules.

RULE 3A. Power of Court to record admission.

EXPLAINATION: The court has the authority to officially record any admissions
made by the parties, which can streamline the legal process by establishing agreed-
upon facts.

RULE 4. Notice to admit acts.

EXPLAINATION: Similar to documents, parties may also request acknowledgment
of specific acts or events relevant to the case, facilitating agreement on key points.

RULE 5. Form of admission.

EXPLAINATION: Any admissions made by the parties must be clearly stated and
documented in a specific format according to legal guidelines.

RULE 6. Judgment on admissions.

EXPLAINATION: If parties agree on certain facts or aspects of the case, the court
may issue a judgment based on those admissions, potentially resolving the case
more swiftly.

RULE 7. Affidavit of signature.

EXPLAINATION: Parties may be required to provide a sworn statement verifying
the authenticity of their signature on documents submitted as evidence.

RULE 8. Notice to produce documents.

EXPLAINATION: Parties may request the production of specific documents relevant
to the case, ensuring transparency and access to important evidence.
RULE 9. Costs.
EXPLAINATION: Parties may be responsible for covering expenses related to the
admission process, such as drafting and serving notices, as determined by the court
or legal guidelines.
ORDER-13: Production, Impounding and Return of
Documents

RULE 1. Original documents to be produced at or before the settlement of issues.

EXPLAINATION: Parties must present the original documents relevant to the case
before the issues are settled, ensuring authenticity and accuracy in evidence.

RULE 2. [Omitted.]

RULE 3. Rejection of irrelevant or inadmissible documents.

EXPLAINATION: The court may dismiss documents that are not pertinent or cannot
be legally considered as evidence in the case.

RULE 4. Endorsements on documents admitted in evidence.

EXPLAINATION: Documents accepted as evidence receive official markings or
annotations to indicate their admission.

RULE 5. Endorsements of copies of admitted entries in books, accounts and

records.
EXPLAINATION: Copies of accepted entries in books or records are officially
marked to indicate their acceptance as evidence in the case, ensuring their validity
and relevance.
RULE 6. Endorsements on documents rejected an inadmissible in evidence.
EXPLAINATION: Documents dismissed as irrelevant or inadmissible are marked
accordingly to signify their rejection from being considered as evidence in the case.
RULE 7. Recording of admitted and return of rejected documents.
EXPLAINATION: Accepted documents are officially recorded for use as evidence,
while rejected ones are returned to the parties who provided them.

RULE 8. The court may order any document to be impounded.

EXPLAINATION: The court has the authority to seize or secure any document
deemed important for the case, ensuring its protection and integrity during legal
proceedings.

RULE 9. Return of admitted documents.

EXPLAINATION: After being used as evidence, accepted documents are returned to
the parties who provided them, ensuring they retain ownership and control over
their records.

RULE 10. Court may be sent for papers from its own records or from other Courts.
EXPLAINATION: The court can request relevant documents from its own records or
from other courts if necessary for the case, ensuring access to all pertinent
information.

RULE 11. Provisions as to documents applied to material objects.

EXPLAINATION: The rules regarding documents also apply to physical objects
presented as evidence in court, ensuring consistency in how evidence is handled
and treated during legal proceedings.

ORDER-14: settlement of issues and determination of suit

on issues of law or on Issues agreed upon.
RULE 1. Framing of issues.
EXPLAINATION: This is the process where the court identifies and formulates the
key points of dispute between the parties involved in a case, clarifying what needs
to be resolved.

RULE 2. Court to pronounce judgment on all issues.

EXPLAINATION: The court is responsible for delivering a verdict on each of the
issues framed, ensuring that all aspects of the case are addressed and resolved.

RULE 3. Materials from which issues may be framed.

EXPLAINATION: The issues are derived from the facts presented by the parties,
legal arguments, and any relevant laws or regulations applicable to the case.

RULE 4. The court may examine witnesses or documents before framing issues.
EXPLAINATION: Before finalizing the issues, the court may gather additional
information by questioning witnesses or reviewing documents to ensure a thorough
understanding of the case.

RULE 5. Power to amend and strike out, issues.

EXPLAINATION: The court has the authority to modify or remove issues as
necessary during the proceedings to ensure fairness and clarity in the resolution of
the case.

RULE 6. Questions of fact or law may by agreement be stated in the form of issues.
EXPLAINATION: The parties involved in the case can agree to present questions,
whether factual or legal, in the form of issues for the court to consider and decide
upon.

RULE 7. The court, if satisfied that the agreement was executed in good faith, may
pronounce judgment.
EXPLAINATION: If the court determines that the parties entered into an agreement
sincerely and honestly, it may issue a judgment based on that agreement, provided
it is legally sound and fair to both sides.
ORDER-15: Disposal of the Suit at the First Hearing

RULE 1. Parties not at issue.

EXPLAINATION: These are individuals or entities involved in a legal case but are
not directly involved in the specific points of disagreement or contention being
addressed by the court.

RULE 2. One of several defendants is not at issue.

EXPLAINATION: In a case with multiple defendants, if one defendant is not directly
involved in the main points of dispute, they may be considered "not at issue" for
those particular matters.

RULE 3. Parties at issue.

EXPLAINATION: These are individuals or entities who are directly involved in the
key points of disagreement or contention being addressed by the court in the legal
case.

RULE 4. Failure to produce evidence.

EXPLAINATION: This occurs when a party in a legal case does not present the
necessary documentation or proof to support their claims or defense, potentially
weakening their position in the proceedings.
ORDER-16: Summoning and Attendance of Witnesses

RULE 1. List of witnesses and summons to witnesses.

EXPLAINATION: Parties provide a list of individuals they intend to call as witnesses
during the trial, and the court issues official notices (summons) to ensure their
attendance.

RULE 1A. Production of witnesses without summons.

EXPLAINATION: Witnesses can be brought to court without a formal summons if
both parties agree to their appearance, simplifying the process in certain cases.

RULE 2. Expenses of witness to be paid into Court on applying for summons.

Experts. Scale of expenses. Expenses to be directly paid to witnesses.
EXPLAINATION: When witnesses are requested to attend court, the calling party
must cover their expenses to ensure they're compensated for time and travel.
Experts, specialized in relevant fields, offer testimony crucial to the case. The court
sets a predetermined scale of expenses to reimburse witness costs, typically paid
directly to them, ensuring fair compensation and clarity in the reimbursement
process.

RULE 3. Tender of expenses to witness.

EXPLAINATION: Prior to their appearance, witnesses may be offered compensation
for their expenses, ensuring they are adequately reimbursed for their participation.

RULE 4. Procedure where insufficient sum paid in. Expenses of witnesses detained
more than one day.
EXPLAINATION: If the deposited amount for witness expenses is deemed
insufficient, the court may take appropriate measures to address the shortfall.
Witnesses detained overnight or for an extended period are entitled to additional
compensation to cover their prolonged stay.

RULE 5. Time, place, and purpose of attendance to be specified in summons.

EXPLAINATION: Summons clearly outline when, where, and why witnesses are
required to attend court, ensuring clarity and compliance.

RULE 6. Summons to produce document.

EXPLAINATION: Witnesses may be summoned to present specific documents
relevant to the case, ensuring all necessary evidence is presented.

RULE 7. Power to require persons present in Court to give evidence or produce

document.
EXPLAINATION: The court can compel individuals present in court to provide
testimony or produce documents if necessary for the case.

RULE 7A. Summons given to the party for service.

EXPLAINATION: The party requesting the summoning of a witness is responsible
for serving the summons to ensure their appearance in court.

RULE 8. Summons how served.

EXPLAINATION: The party requesting the summoning of a witness is responsible
for serving the summons to ensure their appearance in court.

RULE 9. Time for serving summons.

EXPLAINATION: Summons must be served within a specific timeframe before the
scheduled court appearance to allow witnesses adequate notice.

RULE 10. Procedure where witness fails to comply with summons.

EXPLAINATION: If a witness fails to comply with a summons, the court may take
appropriate action to enforce their attendance, potentially leading to legal
consequences for non-compliance.

RULE 11. If a witness appears, attachment may be withdrawn.

EXPLAINATION: If a witness appears in court as required, any previously issued
attachment against them may be lifted, as their compliance resolves the need for
enforcement.
RULE 12. Procedure if witness fails to appear.
EXPLAINATION: If a witness fails to appear as summoned, the court may take
appropriate action, potentially issuing warrants or imposing penalties for non-
compliance.
RULE 13. Mode of attachment.
EXPLAINATION: Attachment of witnesses can occur through legal orders or
warrants, compelling their attendance in court by law enforcement if necessary.

RULE 14. The court may of its own accord summon as witnesses’ strangers to suit.
EXPLAINATION: The court has the authority to summon individuals not directly
involved in the case if their testimony or evidence is deemed relevant.

RULE 15. Duty of persons summoned to give evidence or produce document.

EXPLAINATION: Individuals summoned to court must fulfill their obligation to
provide testimony or produce requested documents, ensuring compliance with legal
orders.

RULE 16. When they may depart.

EXPLAINATION: Witnesses may leave the court after giving their testimony or
producing the required documents, once their involvement in the proceedings is
complete.

RULE 17. Application of rules 10 to 13.

EXPLAINATION: The procedures outlined in rules 10 to 13, regarding witness
summons, attachment, and enforcement apply to the specific circumstances
described in these rules.

RULE 18. Procedure where witness apprehended cannot give evidence or produce
document.
EXPLAINATION: If a witness who was apprehended cannot fulfill their duty to
provide evidence or produce documents, the court may take appropriate steps to
address the situation.

RULE 19. No witness is to be ordered to attend in person unless resident within

certain limits.
EXPLAINATION: Witnesses are typically not required to attend court in person if
they reside beyond specified geographic limits, ensuring practicality in legal
proceedings.

RULE 20. Consequence of refusal of party to give evidence when called on by

Court.
EXPLAINATION: If a party refuses to provide evidence when requested by the
court, it may result in adverse consequences, such as unfavorable rulings or
penalties.

RULE 21. Rules as to witnesses to apply to parties summoned.

EXPLAINATION: The rules governing witnesses also apply to parties summoned to
court, ensuring consistency and fairness in legal proceedings.

ORDER-16(A): Attendance of Witnesses Confined or

Detained in Prisons

RULE 1. Definitions.
EXPLAINATION: The rules governing witnesses also apply to parties summoned to
court, ensuring consistency and fairness in legal proceedings.

RULE 2. Power to require attendance of prisoners to give evidence.

EXPLAINATION: The authority of the court to compel incarcerated individuals to
appear and provide testimony in legal proceedings, ensuring their participation in
the justice system.
RULE 3. Expenses to be paid into Court.
EXPLAINATION: Any costs associated with summoning witnesses or prisoners to
court must be deposited with the court, ensuring that necessary expenses are
covered before the proceedings take place.

RULE 4. Power of State Government to exclude certain persons from the operation
of rule 2.
EXPLAINATION: The state government has the authority to exempt specific
individuals from being compelled to give evidence while they are prisoners,
potentially for reasons of public interest or safety.

RULE 5. Officer in charge of prison to abstain from carrying out order in certain
cases.
EXPLAINATION: In certain circumstances, the person responsible for overseeing
the prison may be instructed not to comply with an order requiring a prisoner's
attendance in court, possibly due to safety concerns or other valid reasons.

RULE 6. Prisoner to be brought to Court in custody.

EXPLAINATION: When a prisoner is required to attend court, they are typically
transported under guard to ensure their safe arrival and presence during legal
proceedings.

RULE 7. Power to issue commission for examination of witness in prison.

EXPLAINATION: The court has the authority to appoint a commission to examine
witnesses who are in prison, allowing for their testimony to be obtained without the
need for them to physically appear in court.

ORDER-17: Adjournment
RULE 1. Court may grant time and adjourn hearing. Costs of adjournment.
EXPLAINATION: The court has the authority to postpone or reschedule a hearing if
necessary, allowing parties more time to prepare or address unforeseen
circumstances. Costs may be incurred due to this adjournment, which may need to
be paid by the party responsible.

RULE 2. Procedure if parties fail to appear on the day fixed.

EXPLAINATION: If the involved parties fail to appear on the scheduled day, the
court may proceed with the hearing or take appropriate action, potentially
rescheduling or dismissing the case depending on the circumstances.

RULE 3. Court may proceed notwithstanding either party fails to produce evidence,
etc.
EXPLAINATION: Even if one party fails to provide evidence or attend the
proceedings, the court can still proceed with the case, considering available
evidence and arguments to make a decision. This ensures that legal proceedings
continue despite one party's absence or failure to produce evidence.

ORDER-18: Hearing of the Suit and Examination of

Witnesses

RULE 1. Right to begin.

EXPLAINATION: The party initiating the legal action has the privilege to present
their case first, outlining their arguments and evidence before the court.

RULE 2. Statement and production of evidence.

EXPLAINATION: Parties involved in the case provide their statements and present
any relevant evidence to support their claims or defenses, ensuring transparency
and fairness in the proceedings.

RULE 3. Evidence where several issues.

EXPLAINATION: In cases involving multiple issues, each issue may require specific
evidence to be presented and addressed separately, allowing for a thorough
examination of all aspects of the case.

RULE 3A. Party to appear before other witnesses.

EXPLAINATION: Before other witnesses provide their testimony, the party involved
may be required to appear and provide their statements or responses, facilitating a
comprehensive understanding of the evidence presented.

RULE 4. Recording of evidence.

EXPLAINATION: The court systematically records all evidence presented during the
proceedings, ensuring an accurate record of the testimony and documentation
provided by the parties and witnesses.

RULE 5. How evidence shall be taken in appealable cases.

EXPLAINATION: In cases where appeals may be made, evidence is taken in a
manner that ensures it can be reviewed and considered by higher courts, adhering
to specific legal procedures to maintain fairness and integrity.

RULE 6. When deposition to be interpreted.

EXPLAINATION: If a witness's deposition is provided in a language not understood
by the court, it may need to be interpreted to ensure comprehension and accuracy
in recording the evidence presented.

RULE 7. Evidence under section 138.

EXPLAINATION: This section specifies the procedure and requirements for
presenting evidence in certain legal contexts, providing clarity and guidance for
parties involved in those cases.

RULE 8. Memorandum when evidence not taken down by Judge.

EXPLAINATION: In cases where the judge does not directly record the evidence, a
memorandum detailing the evidence presented may be created to ensure a
comprehensive record of the proceedings.

RULE 9. When evidence may be taken in English.

EXPLAINATION: Evidence may be presented and recorded in English when it is the
agreed-upon language or when the court deems it appropriate, ensuring
accessibility and clarity in legal proceedings.

RULE 10. Any particular question and answer may be taken down.
EXPLAINATION: Specific questions and answers deemed relevant to the case may
be recorded to ensure accuracy and completeness in documenting the evidence
presented during the proceedings.

RULE 11. Questions objected to and allowed by Court.

EXPLAINATION: During the questioning of witnesses, if any questions are objected
to by either party, the court decides whether to allow or disallow them based on
their relevance and admissibility.

RULE 12. Remarks on demeanor of witnesses.

EXPLAINATION: The court may make observations about the behavior or
demeanor of witnesses during their testimony, which can influence the assessment
of their credibility and the weight given to their evidence.

RULE 13. Memorandum of evidence in unappealable cases.

EXPLAINATION: In cases where there is no provision for appeal, a memorandum
summarizing the evidence presented may be created to serve as a record of the
proceedings.

RULE 14. [Omitted.]

RULE 15. Power to deal with evidence taken before another Judge.
EXPLAINATION: The court has the authority to consider and utilize evidence that
was previously recorded by another judge, ensuring continuity and efficiency in the
legal process.

RULE 16. Power to examine witness immediately.

EXPLAINATION: The court may have the authority to question a witness
immediately, without waiting for the regular examination process to address urgent
or crucial matters in the case.

RULE 17. Court may recall and examine witness.

EXPLAINATION: The court can call back a witness who has already testified to ask
further questions or clarify previous statements, ensuring thoroughness and
accuracy in the evidence presented.

RULE 17A. [Omitted.]

RULE 18. Power of Court to inspect.

EXPLAINATION: The court has the authority to physically examine or inspect
relevant objects, locations, or documents as part of the evidence-gathering process,
aiding in the determination of facts and issues in the case.

RULE 19. Power to get statements recorded on commission.

EXPLAINATION: The court may appoint a commission to record statements from
witnesses or parties who are unable to appear in court, ensuring their testimony is
properly documented and considered in the proceedings.
ORDER-19: Affidavits

RULE 1. Power to order any point to be proved by affidavit.

EXPLAINATION: The court has the authority to request that specific points or facts
in a case be proven through written affidavits, which are sworn statements made
under oath.

RULE 2. Power to order attendance of deponent for cross-examination.

EXPLAINATION: The court can require the person who provided an affidavit to
appear in court for cross-examination, allowing the opposing party to question them
about the contents of their statement.

RULE 3. Matters to which affidavits shall be confined.

EXPLAINATION: Affidavits should focus only on relevant matters related to the
case, ensuring that the information provided is directly related to the issues being
addressed in the legal proceedings.

ORDER-20: Judgment and Decree

RULE 1. Judgment when pronounced.
EXPLAINATION: The court's decision or ruling on a case is officially announced at
the end of the trial or hearing, concluding the legal proceedings.

RULE 2. Power to pronounce judgment written by Judge’s predecessor.

EXPLAINATION: If a judge who heard the case is replaced before delivering the
judgment, the successor judge has the authority to pronounce the written judgment
prepared by their predecessor.

RULE 3. Judgment to be signed.

EXPLAINATION: The judge is required to sign the judgment document, confirming
its authenticity and official status in the legal process.

RULE 4. Judgments of Small Cause Courts. Judgments of other Courts.

EXPLAINATION: The judgments delivered by Small Cause Courts, which handle
minor civil disputes, are subject to specific rules and procedures different from
those of other courts.

RULE 5. Court to state its decision on each issue.

EXPLAINATION: The court is obliged to clearly state its decision on every issue
raised during the trial or hearing, ensuring transparency and accountability in the
legal process.

RULE 5A. Court to inform parties as to where an appeal lies in cases where parties
are not represented by pleaders.
EXPLAINATION: If parties are not represented by legal representatives, the court
must inform them about the appellate process, including where they can appeal the
judgment.
RULE 6. Contents of decree.
EXPLAINATION: The decree, which is the formal order or decision of the court,
includes specific instructions or rulings regarding the relief or remedies granted in
the case.

RULE 6A. Preparation of Decree.

EXPLAINATION: The decree is prepared by the court based on the judgment
pronounced, outlining the specific terms and conditions of the court's decision.

RULE 6B. Copies of judgments when to be made available.

EXPLAINATION: Copies of the judgment and decree are made available to the
parties involved upon request, allowing them to have official documentation of the
court's decision.

RULE 7. Date of decree.

EXPLAINATION: The decree is dated, indicating the date on which the court's
decision becomes officially effective.

RULE 8. Procedure where Judge has vacated office before signing decree.
EXPLAINATION: If the judge who heard the case has left office before signing the
decree, specific procedures are followed to ensure the decree is properly signed and
finalized.

RULE 9. Decree for recovery of immovable property.

EXPLAINATION: The decree may include orders for the recovery of immovable
property, providing instructions for the transfer or restoration of such property to
the rightful owner.

RULE 10. Decree for delivery of movable property.

EXPLAINATION: The decree may also include orders for the delivery or transfer of
movable property to the entitled party, specifying the terms and conditions of such
delivery.

RULE 11. Decree may direct payment by instalments. Order, after decree, for
payment by instalments.
EXPLAINATION: The court's decree may specify that any dues or obligations
mentioned in the judgment are to be paid in fixed installments over a period, easing
the financial burden on the debtor. It refers to a subsequent directive issued by the
court, post the decree, detailing the installment plan for fulfilling financial
obligations as determined in the judgment, ensuring compliance with the court's
decision.

RULE 12. Decree for possession and mesne profits.

EXPLAINATION: This decree grants possession of property to the rightful owner
and may also include provisions for mesne profits, compensating for any losses
incurred during the period before possession was granted.

RULE 12A. Decree for specific performance of contract for the sale or lease of
immovable property.
EXPLAINATION: This decree enforces the specific performance of a contract
related to the sale or lease of immovable property, compelling the parties to fulfill
their contractual obligations as agreed upon.

RULE 13. Decree in administration-suit.

EXPLAINATION: In suits related to the administration of property or estates, this
decree determines the actions or distribution of assets among the beneficiaries or
heirs as per the court's decision.

RULE 14. Decree in pre-emption-suit.

EXPLAINATION: In pre-emption suits, where a party has the right of first refusal to
purchase property, this decree establishes whether this right is upheld and outlines
the terms for the transfer of the property.

RULE 15. Decree in suit for dissolution of partnership.

EXPLAINATION: In suits seeking the dissolution of partnerships, this decree
specifies the terms and conditions of dissolution, including the distribution of assets
and liabilities among the partners.

RULE 16. Decree in suit for account between principal and agent.
EXPLAINATION: In suits involving accounts between principals and agents, this
decree determines the amounts owed or due and outlines any necessary actions or
compensations between the parties.

RULE 17. Special directions as to accounts.

EXPLAINATION: This decree may include specific instructions or guidelines
regarding the maintenance, examination, or settlement of accounts between parties
involved in the case, ensuring accuracy and fairness in financial matters.

RULE 18. Decree in suit for partition of property or separate possession of a share
therein.
EXPLAINATION: In suits for partition or seeking separate possession of a share in
property, this decree specifies the division or allocation of property among the co-
owners or claimants as per the court's decision.
 RULE 19. Decree when set-off or counter-claim is allowed. Appeal from decree
relating to set-off or counter-claim.
EXPLAINATION: When a set-off or counter-claim is permitted in the case, this
decree addresses the adjustments or offsets made in the final judgment, ensuring
equitable resolution of conflicting claims. This refers to the right to appeal the
court's decree specifically concerning the allowance or denial of a set-off or counter-
claim, providing recourse for parties dissatisfied with the judgment's outcome.

RULE 20. Certified copies of judgment and decree to be furnished.

EXPLAINATION: The parties involved are entitled to receive certified copies of the
judgment and decree for their records and reference, ensuring transparency and
accountability in the legal process.

ORDER-20(A): Costs

RULE 1. Provisions relating to certain items.

EXPLAINATION: This indicates that there are specific regulations or guidelines
concerning aspects or items within the legal framework, likely addressing detailed
procedures or rules applicable to those items.

RULE 2. Costs to be awarded in accordance with the rules made by High Court
EXPLAINATION: This implies that the determination of costs, such as legal
expenses or fees, will be governed by the rules established by the High Court,
ensuring consistency and fairness in awarding costs across different cases.
ORDER-21: Execution of Decrees and Orders

Payment under decree

RULE 1. Modes of paying money under decree.

EXPLAINATION: This refers to the various methods or channels through which a
debtor can fulfill their financial obligations as ordered by the court, such as direct
payment, installment plans, or through intermediaries like banks or legal
representatives.

RULE 2. Payment out of Court to decree-holder

EXPLAINATION: This indicates the process by which the court facilitates the
transfer of funds or assets directly to the decree-holder, ensuring that the rightful
recipient receives the payment as specified in the court's decree, bypassing the
need for further legal intervention.

Courts executing decrees.

RULE 3. Lands situated in more than one jurisdiction.

EXPLAINATION: This refers to properties that are located in multiple legal
jurisdictions, posing challenges for legal proceedings as different courts may have
authority over different parts of the land.

RULE 4. Transfer to Court of Small Causes.

EXPLAINATION: This involves shifting a legal case or matter to the jurisdiction of a
Small Causes Court, which typically handles minor civil disputes and claims within
its limited jurisdiction.

RULE 5. Mode of transfer.

EXPLAINATION: The process by which a case or legal matter is moved from one
court to another, typically involving formal documentation and communication
between the relevant judicial authorities.

RULE 6. Procedure where the Court desires that its own decree shall be executed
by another Court.
EXPLAINATION: In cases where one court wishes for its decree to be enforced by a
different court, a specific procedure is followed to transfer the authority to execute
the decree to the other court.

RULE 7. Court receiving copies of decree, etc., to file same without proof.
EXPLAINATION: When a court receives copies of decrees or legal documents from
another court, it is usually required to file them without needing additional evidence
or proof of their authenticity.

RULE 8. Execution of decree or order by Court to which it is sent.

EXPLAINATION: Once a court receives a decree or order from another court, it is
responsible for executing or implementing the directives contained within that
decree or order, ensuring compliance with the legal judgment.

RULE 9. Execution by High court of decree transferred by another Court.

EXPLAINATION: This involves the High Court enforcing a decree that has been
transferred to it by another court, ensuring that the directives of the decree are
carried out effectively within its jurisdiction.

Application for execution

RULE 10. Application for execution.
EXPLAINATION: This is a formal request made to the court by a judgment creditor
seeking to enforce a decree or court order against the judgment debtor, typically
involving actions like seizure of property or garnishment of wages.

RULE 11. Oral application. Written application.

EXPLAINATION: A request for execution made verbally in court, typically for urgent
matters or when formal written documentation is not immediately available. A
formal request for execution submitted to the court in writing, detailing the specifics
of the decree to be enforced and the desired method of execution.

RULE 11A. Application for arrest to state grounds.

EXPLAINATION: If seeking the arrest of a judgment debtor, the application must
specify the reasons or grounds justifying such action, such as non-payment of debt
or failure to comply with court orders.

RULE 12. Application for attachment of movable property not in judgment-debtor’s

possession.
EXPLAINATION: A request to seize movable property owned by the judgment
debtor but not currently in their possession, such as assets held by third parties or
assets located elsewhere.

RULE 13. Application for attachment of immovable property to contain certain

particulars.
EXPLAINATION: A formal request to seize immovable property owned by the
judgment debtor, which must include specific details about the property being
targeted for attachment.

RULE 14. Power to require certified extract from Collector’s register in certain
cases.
EXPLAINATION: The court has the authority to demand a certified extract from the
Collector's register in certain situations, typically to verify ownership or other
relevant details about the property subject to execution.

RULE15. Application for execution by joint decree-holders.

EXPLAINATION: When multiple individuals hold a decree jointly, they can jointly
apply for execution, seeking to enforce the decree against the judgment debtor
collectively.

RULE 16. Application for execution by transferee of decree.

EXPLAINATION: If a decree has been transferred to another party, the transferee
can apply for execution to enforce the decree in their favor, seeking the same relief
as the original decree-holder.
RULE 17. Procedure on receiving application for execution of decree.
EXPLAINATION: Upon receiving an application for execution, the court follows
specific procedural steps to review the application, ensure compliance with legal
requirements, and initiate appropriate enforcement measures.

RULE 18. Execution in case of cross-decrees.

EXPLAINATION: When there are mutual decrees between two parties, each party
can seek execution against the other simultaneously, with the court overseeing the
enforcement of both decrees.

RULE 19. Execution in case of crossclaims under same decree.

EXPLAINATION: If there are crossclaims or counterclaims under the same decree,
the court may authorize execution of the decree in a manner that accounts for the
mutual claims between the parties.

RULE 20. Cross-decrees and crossclaims in mortgage suits.

EXPLAINATION: In mortgage suits involving cross-decrees or crossclaims, special
provisions apply to ensure fair and equitable execution of the decrees, particularly
concerning the rights and interests of the mortgage parties.

RULE 21. Simultaneous execution.

EXPLAINATION: Execution proceedings that occur concurrently, such as when
multiple creditors seek to enforce their decrees against the same judgment debtor
at the same time.

RULE 22. Notice to show cause against execution in certain cases.

EXPLAINATION: In certain circumstances, the court may issue a notice to the
judgment debtor, requiring them to provide reasons why execution should not
proceed, allowing them an opportunity to contest the enforcement.

RULE 22A. Sale not to be set aside on the death of the judgment-debtor before the
sale but after the service of the proclamation of sale.
EXPLAINATION: If a judgment debtor dies after the proclamation of sale but before
the actual sale, the court typically does not set aside the sale, ensuring that the
execution process continues without interruption.

RULE 23. Procedure after issue of notice

EXPLAINATION: Following the issuance of a notice to show cause against
execution, the court proceeds with the execution process based on the response or
lack thereof from the judgment debtor, adhering to prescribed legal procedures and
safeguards.

Process for execution.

RULE 24. Process for execution.

EXPLAINATION: This refers to the series of steps or procedures involved in carrying
out the enforcement of a court decree or order, which may include actions like
seizing property, garnishing wages, or other methods specified by the court.

RULE 25. Endorsement on process.

EXPLAINATION: his involves adding an official marking or endorsement on the
execution process documents to indicate approval or confirmation by the court,
ensuring that the documents are recognized as valid for execution purposes.

Stay of execution
RULE 26. When the Court may stay execution. Power to require security from, or
impose conditions upon, judgment-debtor.
EXPLAINATION: The court may temporarily halt the enforcement of a decree under
certain circumstances, such as pending an appeal or if there are legal proceedings
related to the execution that require resolution before proceeding. The court has the
authority to demand that the judgment debtor to provide security or comply with
specific conditions as a prerequisite for staying the execution, ensuring protection of
the creditor's interests.

RULE 27. Liability of judgment-debtor discharged.

EXPLAINATION: If the judgment debtor fulfills their obligations or satisfies the
decree, their liability under the decree is considered discharged, meaning they are
no longer legally responsible for the debt or obligation stated in the decree.

RULE 28. Order of Court which passed decree or of Appellate Court to be binding
upon Court applied to.
EXPLAINATION: The orders issued by the court that issued the decree or by the
appellate court hold authority and are binding upon the court where the application
for stay of execution is made, ensuring consistency and adherence to legal
decisions.

RULE 29. Stay of execution pending suit between decree-holder and judgment-
debtors
EXPLAINATION: Execution may be temporarily halted while legal proceedings are
ongoing between the decree-holder and the judgment debtors, providing an
opportunity for the resolution of disputes or issues related to the execution before
proceeding further.

Mode of execution

RULE 30. Decree for payment of money.

EXPLAINATION: This is a court order requiring one party to pay a specific amount
of money to another party as determined by the court.
RULE 31. Decree for specific movable property.
EXPLAINATION: A court order directing the transfer or delivery of a particular
movable item or asset to a specified party.

RULE 32. Decree for specific performance for restitution of conjugal rights, or for an
injunction.
EXPLAINATION: A court order mandating a party to fulfill a specific obligation,
such as restoring conjugal rights in a marital dispute or refraining from certain
actions through an injunction.

RULE 33. Discretion of Court in executing decrees for restitution of conjugal rights.
EXPLAINATION: The court has discretion in enforcing decrees related to the
restoration of conjugal rights, considering various factors before taking action.

RULE 34. Decree for execution of document, or endorsement of negotiable

instrument.
EXPLAINATION: A court order compelling a party to execute a legal document or
endorse a negotiable instrument as required by law or specified in the decree.

RULE 35. Decree for immovable property.

EXPLAINATION: A court order concerning the transfer, possession, or other legal
rights related to immovable assets, such as land or buildings.

RULE 36. Decree for delivery of immovable property when in occupancy of tenant.
EXPLAINATION: A court order directing the delivery of immovable property, even if
occupied by a tenant, to the rightful owner as determined by the decree.

RULE 37. Discretionary power to permit judgment-debtor to show cause against

detention in prison.
EXPLAINATION: The court may exercise discretion in allowing a judgment debtor
to present reasons against their detention in prison before such action is enforced.

RULE 38. Warrant for arrest to direct judgment-debtor to be brought up.

EXPLAINATION: An official document issued by the court authorizing the arrest of
a judgment debtor and their presentation before the court.

RULE 39. Subsistence-allowance.

EXPLAINATION: Financial support provided to a judgment debtor who is detained
in prison during the execution of a decree intended to cover basic living expenses.

RULE 40. Proceedings on appearance of judgment-debtor in obedience to notice or

after arrest.
EXPLAINATION: Legal procedures followed when a judgment debtor voluntarily
appears in response to a notice or after being arrested in execution proceedings.

Attachment of property

RULE 41. Examination of judgment-debtor as to his property

EXPLAINATION: The judgment-debtor may be questioned about their assets and
property to ascertain what can be used to satisfy the decree.

RULE 42. Attachment in case of decree for rent or mesne profits or other matter,
amount of which to be subsequently determined.
EXPLAINATION: Property may be attached when the decree involves payments like
rent or profits, even if the exact amount is determined later.

RULE 43. Attachment of movable property, other than agricultural produce, in

possession of judgment debtor.
EXPLAINATION: The movable property owned by the judgment-debtor, excluding
agricultural produce, can be seized to fulfill the decree.

RULE 43A. Custody of movable property.

EXPLAINATION: The court may take custody of the seized movable property to
ensure it is preserved until further action is taken.
RULE 44. Attachment of agricultural produce.
EXPLAINATION: Agricultural produce belonging to the judgment-debtor may be
attached to satisfy the decree.

RULE 45. Provisions as to agricultural produce under attachment.

EXPLAINATION: Specific rules apply to agricultural produce that has been seized
to ensure proper handling and preservation.

RULE 46. Attachment of debt, share and other property not in possession of
judgment-debtor.
EXPLAINATION: Debts owed to the judgment-debtor, shares, or other property not
physically held by them can be attached to enforce the decree.

RULE 46A. Notice to garnishee.

EXPLAINATION: A notice is issued to a third party who owes money to the
judgment-debtor, informing them of the attachment and requiring them to comply.

RULE 46B. Order against garnishee.

EXPLAINATION: The court may issue orders to the third party (garnishee)
regarding the debt owed to the judgment-debtor, directing them to pay the amount
to satisfy the decree.

RULE 46C. Trial of disputed questions.

EXPLAINATION: Disputed matters related to the attachment and debt owed may
be resolved through a trial to ensure fair treatment.

RULE 46D. Procedure where debt belongs to third person.

EXPLAINATION: Special procedures are followed when the debt being attached
belongs to someone other than the judgment-debtor.

RULE 46E. Order as regards third person.

EXPLAINATION: The court may issue orders concerning the third party's
involvement in the attachment process and the debt owed.
RULE 46F. Payment by garnishee to be valid discharge.
EXPLAINATION: Payment made by the garnishee as directed by the court is
considered a valid discharge of the debt.

RULE 46G. Costs.

EXPLAINATION: Any expenses incurred in the attachment process may be borne
by the concerned parties, as decided by the court.

RULE 46H. Appeals.

EXPLAINATION: Parties involved in the attachment process may have the right to
appeal against decisions made by the court regarding attachment matters.

RULE 46I. Application to negotiable instruments.

EXPLAINATION: Attachment procedures may also apply to negotiable instruments
such as promissory notes or bills of exchange.

RULE 47. Attachment of share in movables.

EXPLAINATION: A share owned by the judgment-debtor in movable property can
be attached to satisfy the decree.

RULE 48. Attachment of salary or allowances of servant of the Government or

railway company or local authority.
EXPLAINATION: The salary or allowances of government, railway, or local authority
employees may be attached to fulfill the decree.

RULE 48A. Attachment of salary or allowances of private employees.

EXPLAINATION: Similarly, the salary or allowances of private employees may also
be subject to attachment.

RULE 49. Attachment of partnership property.

EXPLAINATION: Property owned by a partnership can be attached to enforce the
decree.
RULE 50. Execution of decree against firm.
EXPLAINATION: Decrees can be executed against a firm's property to fulfill
obligations.

RULE 51. Attachment of negotiable instruments.

EXPLAINATION: Instruments such as checks, or promissory notes may be attached
to satisfy the decree.

RULE 52. Attachment of property in custody of Court or public officer.

EXPLAINATION: Property held by the court, or a public officer may be attached as
part of the execution process.

RULE 53. Attachment of decrees.

EXPLAINATION: Decrees obtained by the judgment-debtor can be attached to
satisfy the decree against them.

RULE 54. Attachment of immovable property.

EXPLAINATION: Real estate owned by the judgment-debtor can be attached to
fulfill the decree.

RULE 55. Removal of attachment after satisfaction of decree.

EXPLAINATION: Once the decree has been satisfied, the attachment on the
property may be removed.

RULE 56. Order for payment of coin or currency notes to party entitled under
decree.
EXPLAINATION: The court may order the payment of currency to the party entitled
to it under the decree.

RULE 57. Determination of attachment.

EXPLAINATION: The court determines the attachment of property and oversees its
implementation to ensure compliance with legal procedures.
Adjudication of claims and objections

RULE 58. Adjudication of claims to, or objections to attachment, of property.

EXPLAINATION: This involves the court's examination and resolution of any claims
or objections raised by parties regarding the attachment of their property as part of
the execution process.

RULE 59. Stay of sale.

EXPLAINATION: This refers to a temporary suspension or postponement of the sale
of attached property, typically granted by the court upon request or under specific
circumstances, such as pending adjudication of claims or objections.

RULE 60. [Omitted.]

RULE 61. [Omitted.]
RULE 62. [Omitted.]
RULE 63. [Omitted.]

Sale generally

RULE 64. Power to order property attached to be sold and proceeds to be paid to
the person entitled.
EXPLAINATION: This allows the court to authorize the sale of attached property
and distribute the proceeds to the rightful owner as per the decree or judgment.

RULE 65. Sales by whom conducted and how made.

EXPLAINATION: This specifies who is responsible for conducting the sale of the
attached property and outlines the procedures to be followed for the sale to ensure
fairness and transparency.
RULE 66. Proclamation of sales by public auction.
EXPLAINATION: Before a sale, the court must publicly announce the auction of the
attached property to inform potential buyers and allow for a competitive bidding
process.

RULE 67. Mode of making proclamation.

EXPLAINATION: The court determines the manner in which the announcement of
the property sale is made, ensuring it reaches a wide audience to attract potential
buyers.

RULE 68. Time of sale.

EXPLAINATION: This refers to the scheduled date and time set by the court for the
auction of the attached property to take place.

RULE 69. Adjournment or stoppage of sale.

EXPLAINATION: The court has the authority to postpone or halt the sale
proceedings under certain circumstances, ensuring fairness and adherence to legal
requirements.

RULE 70. [Omitted.]

RULE 71. Defaulting purchaser answerable for loss on re-sale.

EXPLAINATION: If a purchaser defaults on payment or fails to complete the
purchase, they may be held accountable for any financial loss incurred during a
subsequent resale of the property.

RULE 72. Decree-holder not to bid for or buy property without permission. Where
decree-holder purchases, amount of decree may be taken as payment.
EXPLAINATION: Decree-holders are generally prohibited from participating in the
bidding for or purchasing of attached property without prior authorization from the
court.

RULE 72A. Mortgagee not to bid at sale without the leave of the Court.
EXPLAINATION: Similarly, mortgages are typically required to obtain court
approval before bidding on or purchasing property being sold under mortgage
enforcement.

RULE 73. Restriction on bidding or purchase by officers.

EXPLAINATION: Certain officers involved in the execution process may be
restricted from bidding on or purchasing attached property to prevent conflicts of
interest or unfair practices.

Sale of movable property

RULE 74. Sale of agricultural produce.

EXPLAINATION: This section deals with the sale of crops or agricultural products
seized to satisfy a debt, outlining specific procedures for their auction or disposal.

RULE 75. Special provisions relating to growing crops.

EXPLAINATION: It covers rules unique to the sale of crops still growing on the land
at the time of attachment or execution, ensuring fair treatment for all parties
involved.

RULE 76. Negotiable instruments and shares in corporations.

EXPLAINATION: This section addresses the sale or transfer of financial assets such
as stocks, bonds, or shares in companies, providing guidelines for their auction or
transfer to satisfy a decree.

RULE 77. Sale by public auction.

EXPLAINATION: It describes the method of selling attached property through a
public auction, where interested buyers bid openly to purchase the property.

RULE 78. Irregularity not to vitiate sale, but any person injured may sue.
EXPLAINATION: Even if there are irregularities in the sale process, the sale itself
may not be voided, but any person harmed by such irregularities can take legal
action to seek redress.

RULE 79. Delivery of movable property, debts, and shares.

EXPLAINATION: It outlines the process for delivering movable property, debts, or
shares to the purchaser after a successful sale, ensuring the transfer of ownership.

RULE 80. Transfer of negotiable instruments and shares.

EXPLAINATION: This section explains how negotiable instruments like checks or
promissory notes and shares in corporations are transferred to the buyer after a
sale, facilitating the legal transfer of ownership.

RULE 81. Vesting order in case of other property.

EXPLAINATION: It deals with the issuance of a vesting order by the court to
transfer ownership of property, other than movable assets or financial instruments,
to the purchaser after a sale.

Sale of immovable property.

RULE 82. What Courts may order sales.

EXPLAINATION: This section outlines the authority of courts to order the sale of
attached property to satisfy a decree, specifying the types of courts empowered to
make such orders based on their jurisdiction and authority.

RULE 83. Postponement of sale to enable judgment-debtor to raise amount of

decree.
EXPLAINATION: It allows for the postponement of a sale to provide the judgment-
debtor with an opportunity to raise the required amount to satisfy the decree before
the property is sold.

RULE 84. Deposit by purchaser and re-sale on default.

EXPLAINATION: If a purchaser fails to make the required deposit, the court may
allow for the property to be re-sold, with the defaulting purchaser being liable for
any losses incurred.

RULE 85. Time for payment in full of purchase-money.

EXPLAINATION: This section stipulates the timeframe within which the purchaser
must make full payment of the purchase price for the property bought at auction.

RULE 86. Procedure in default of payment.

EXPLAINATION: It describes the actions to be taken by the court in the event of
default in payment by the purchaser, including the possible forfeiture of the deposit
and re-sale of the property.

RULE 87. Notification on re-sale.

EXPLAINATION: It mandates the court to notify interested parties about the re-sale
of the property, ensuring transparency and giving them an opportunity to
participate in the bidding process.

RULE 88. Bid of co-sharer to have preference.

EXPLAINATION: If a co-sharer bids for the property, they are given preference over
other bidders, allowing them to acquire the property by matching the highest bid.

RULE 89. Application to set aside sale on deposit.

EXPLAINATION: It allows the judgment-debtor to apply for the sale to be set aside
upon depositing the decree amount and costs, effectively canceling the sale of the
property.

RULE 90. Application to set aside sales on ground of irregularity or fraud.

EXPLAINATION: This provision enables parties to apply for the sale to be set aside
if irregularities or fraudulent practices are discovered in the sale process.

RULE 91. Application by purchaser to set aside sale on grounds of judgment-

debtor having no saleable interest.
EXPLAINATION: If the purchaser discovers that the judgment-debtor did not have
a saleable interest in the property, they can apply to set aside the sale.

RULE 92. Sale when to become absolute or be set aside.

EXPLAINATION: It specifies the conditions under which a sale becomes final and
absolute, or when it may be set aside based on certain circumstances or legal
grounds.

RULE 93. Return of purchaser-money in certain cases.

EXPLAINATION: This section details the situations in which the money deposited
by the purchaser is to be returned, such as when the sale is set aside or canceled.

RULE 94. Certificate to purchaser.

EXPLAINATION: It mandates the court to issue a certificate to the purchaser as
evidence of their ownership rights over the property acquired through the sale.

RULE 95. Delivery of property in occupancy of judgment-debtor.

EXPLAINATION: It addresses the procedure for delivering the property to the
purchaser when it is occupied by the judgment-debtor, ensuring the rightful transfer
of possession.

RULE 96. Delivery of property in occupancy of tenant.

EXPLAINATION: Similarly, this section outlines the process for delivering the
property to the purchaser if it is occupied by a tenant, facilitating the transfer of
possession from the judgment-debtor to the purchaser.

Resistance to delivery of possession to decree-holder or purchaser

RULE 97. Resistance or obstruction to possession of immovable property.

EXPLAINATION: This section addresses situations where the judgment-debtor or
another party resists or obstructs the decree-holder or purchaser from taking
possession of immovable property awarded to them by the court.

RULE 98. Orders after adjudication.

EXPLAINATION: It pertains to the directives issued by the court subsequent to the
adjudication or formal judgment on a legal matter, outlining actions or measures to
be taken by the parties involved.

RULE 99. Dispossession by decree-holder or purchaser

EXPLAINATION: It deals with situations where the decree-holder or purchaser of
property obtained through court proceedings exercises their right to take possession
of the property, potentially leading to the dispossession of the previous occupant.

RULE 100. Order to be passed upon application complaining of dispossession.

EXPLAINATION: This section mandates the court to issue an appropriate order
upon receiving an application from a party complaining of dispossession, ensuring a
fair resolution of the matter.

RULE 101. Question to be determined.

EXPLAINATION: It addresses the specific issue or question to be resolved by the
court, typically related to the possession or ownership of property, ensuring clarity
and direction in legal proceedings.

RULE 102. Rules not applicable to transferee pendente lite.

EXPLAINATION: This section states that certain rules or provisions may not apply
to a transferee of property pending litigation, distinguishing their rights or
obligations from those of the original parties involved in the case.

RULE 103. Orders to be treated as decrees.

EXPLAINATION: It specifies that orders issued by the court under certain
circumstances, such as those resolving disputes or complaints, are to be treated as
decrees, carrying legal significance and enforceability.
RULE 104. Orders under rule 101 or rule 103 to be subject to the result of a
pending suit.
EXPLAINATION: It stipulates that orders made under specific rules are subject to
the outcome of the ongoing lawsuit, ensuring that any decisions made do not
prejudice the rights of the parties involved.

RULE 105. Hearing of application.

EXPLAINATION: This section outlines the process of hearing and adjudicating on
applications submitted to the court, ensuring that all relevant factors are considered
before making a decision.

RULE 106. Setting aside orders passed ex parte, etc.

EXPLAINATION: It pertains to the procedure for setting aside orders made in the
absence of one party (ex parte) or due to certain irregularities, allowing for a review
of such orders under appropriate circumstances.

ORDER-22: Death, Marriage and Insolvency of Parties

RULE 1. No abatement by party’s death if right to sue survives.

EXPLAINATION: If a party involved in a lawsuit dies but the legal right to continue
the case still exists, the lawsuit doesn't automatically end due to the death..

RULE 2. Procedure where one of several plaintiffs or defendants dies and the right
to sue survives.
EXPLAINATION: When one of several plaintiffs or defendants passes away, but the
legal claim or defense can still proceed, specific steps are taken to continue the
case with the remaining parties.
RULE 3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.
EXPLAINATION: If one of multiple plaintiffs or the only plaintiff in a lawsuit dies,
the court follows a set procedure to determine how the case will proceed, ensuring
fairness and adherence to legal rights.

RULE 4. Procedure in case of death of one of several defendants or of sole

defendant.
EXPLAINATION: When one of multiple defendants or the only defendant in a case
die, the court follows specific steps to address the impact of the death on the
lawsuit, ensuring that justice is served.
RULE 4A. Procedure where there is no legal representative.
EXPLAINATION: If a party to a lawsuit dies and there is no appointed legal
representative to continue the case on their behalf, the court follows a particular
procedure to address this situation and ensure fairness in the proceedings.

RULE 5. Determination of question as to legal representative.

EXPLAINATION: When there's a question about who should represent a deceased
party in a lawsuit, the court decides on the appropriate legal representative to
ensure that the case can proceed properly.

RULE 6. No abatement by reason of death after hearing.

EXPLAINATION: If a party dies after the court hearing has already taken place, the
lawsuit won't be dismissed solely because of the death, allowing the legal
proceedings to continue.

RULE 7. Suit not abated by marriage of female party.

EXPLAINATION: The marriage of a female party during a lawsuit doesn't
automatically end the case, ensuring that the legal process continues regardless of
changes in marital status.

RULE 8. When plaintiffs insolvency bars suit. Procedure where assignee fails to
continue suit or give security.
EXPLAINATION: If the plaintiff becomes insolvent, meaning they can't pay their
debts, it may prevent the lawsuit from proceeding further due to financial
constraints.
RULE 9. Effect of abatement or dismissal.
EXPLAINATION: Abatement or dismissal of a lawsuit means it comes to an end,
usually due to certain circumstances like the death of a party or failure to proceed
with the case, with legal consequences determined by the court.

RULE 10. Procedure in case of assignment before final order in suit.

EXPLAINATION: if there’s a transfer of the plaintiff's interest in the lawsuit before
the final judgment, specific steps are followed to ensure the assignee continues the
case or provides necessary security.

RULE 10A. Duty of pleader to communicate to Court death of a party.

EXPLAINATION: It's the responsibility of the lawyer representing a party in court to
inform the court promptly if their client passes away, ensuring that the legal
proceedings are updated accordingly.

RULE 11. Application of Order to appeals.

EXPLAINATION: The rules and procedures outlined in the Order also apply to
appeals, ensuring consistency and adherence to legal standards throughout the
appellate process.

RULE 12. Application of Order to proceedings.

EXPLAINATION: The rules and procedures specified in the Order are applicable to
various legal proceedings, ensuring uniformity and fairness in the administration of
justice across different types of cases.

ORDER-23: Withdrawal and Adjustment of Suits

RULE 1. Withdrawal of suit or abandonment of part of claim.
EXPLAINATION: The plaintiff can choose to withdraw the entire lawsuit or give up a
portion of their claim voluntarily, potentially avoiding further legal proceedings on
those specific matters.

RULE 1A. When transposition of defendants as plaintiffs may be permitted.

EXPLAINATION: In certain cases, defendants can request to be repositioned as
plaintiffs in a lawsuit if their claims align more with the role of a plaintiff, allowing
for a fairer representation of their interests.

RULE 2. Limitation law not affected by the first suit.

EXPLAINATION: The time limits set by the law for filing a lawsuit aren't influenced
by the initiation of the first lawsuit, ensuring that the statute of limitations continues
to apply regardless of legal actions taken.

RULE 3. Compromise of suit.

EXPLAINATION: Parties involved in a lawsuit can come to an agreement to settle
the case outside of court, resolving their disputes through mutual concessions or
terms without the need for a formal trial.

RULE 3A. Bar to suit.

EXPLAINATION: Certain circumstances or legal barriers may prevent a lawsuit from
proceeding, such as when the claim is already legally barred or when there's a prior
judgment on the same matter.

RULE 3B. No agreement or compromise to be entered in a representative suit

without leave of Court.
EXPLAINATION: In representative lawsuits where one party represents a group,
any agreement or compromise reached must be approved by the court to ensure
fairness and protect the interests of all involved.
RULE 4. Proceedings in execution of decrees not affected.
EXPLAINATION: The enforcement process of court decrees, such as orders for
payment or action, continues unaffected despite any compromises or withdrawals
made during the lawsuit, ensuring that judgments are still executed as directed by
the court.

ORDER-24: Payment into Court

RULE 1. Deposit by defendant of amount in satisfaction of claim.

EXPLAINATION: The defendant can deposit a certain amount of money with the
court to satisfy the plaintiff's claim, potentially resolving the legal dispute without
further litigation.

RULE 2. Notice of deposit.

EXPLAINATION: The defendant must inform the plaintiff and the court about the
deposit made, providing notification to all relevant parties involved in the case.

RULE 3. Interest on deposit not allowed to plaintiff after notice.

EXPLAINATION: Once the plaintiff receives notice of the deposit, they typically
won't be entitled to any further interest on the deposited amount, as it's considered
satisfaction of the claim.
RULE 4. Procedure where plaintiff accepts deposit as satisfaction in part. Procedure
where he accepts it as satisfaction in full.
EXPLAINATION: If the plaintiff accepts the deposited amount as partial satisfaction
of their claim, they can proceed with the lawsuit for the remaining portion of their
claim. If the plaintiff accepts the deposited amount as full satisfaction of their claim,
they typically withdraw the lawsuit, acknowledging that their claim has been
completely resolved.

ORDER-25: Security for Costs

RULE 1. When security for costs may be required from plaintiff.

EXPLAINATION: The court may ask the plaintiff to provide security for potential
costs if there's a concern that they might not be able to pay the defendant's legal
expenses if the plaintiff loses the case.

RULE 2. Effect of failure to furnish security.

EXPLAINATION: If the plaintiff fails to provide the required security for costs, the
court might dismiss the case or take other appropriate actions, such as staying the
proceedings until the security is furnished.

ORDER-26: Commissions
Commissions to examine witnesses.

RULE 1. Cases in which the Court may issue commission to examine witnesses.
EXPLAINATION: The court can issue a commission to examine a witness if they are
unable to appear in court, such as due to illness or distance, and their testimony is
crucial for the case.

RULE 2. Order for commission.

EXPLAINATION: The court issues an order directing the commission to be
prepared, specifying the names of the witnesses to be examined and other relevant
details.

RULE 3. Where the witness resides within the Court’s jurisdiction.

EXPLAINATION: If the witness lives within the court's jurisdiction, the court may
directly summon them to testify in person rather than issuing a commission.

RULE 4. Persons for whose examination commission may issue.

EXPLAINATION: The court may issue a commission to examine witnesses who are
unable to attend court proceedings due to various reasons, including illness or being
out of the jurisdiction.

RULE 4A. Commission for examination of any person resident within the local
limits of the jurisdiction of the Court.
EXPLAINATION: The court can issue a commission to examine any person who
resides within its jurisdiction but is unable to appear in court for examination.

RULE 5. Commission or request to examine witness not within India.

EXPLAINATION: If a witness resides outside India, the court may issue a
commission or make a request to examine them through a judicial authority in that
country.
RULE 6. Court to examine witnesses pursuant to commission.
EXPLAINATION: The court conducts the examination of witnesses as per the
instructions outlined in the commission issued by the court.

RULE 7. Return of commission with depositions of witnesses.

EXPLAINATION: After the examination, the commission is returned to the court
along with the depositions or statements of the witnesses recorded during the
examination.

RULE 8. When depositions may be read in evidence.

EXPLAINATION: The depositions of witnesses recorded during the examination
through commission may be read as evidence in the court proceedings when
deemed necessary for the case.

Commissions for local investigations

RULE 9. Commissions to make local investigations.

EXPLAINATION: The court can appoint a commissioner to conduct on-site
investigations or gather specific information relevant to the case, especially when it
requires local knowledge or examination of physical evidence.

RULE 10. Procedure of Commissioner. Report and depositions to be evidence in

suit. Commissioner may be examined in person.
EXPLAINATION: The commissioner follows a set procedure outlined by the court,
which typically involves visiting relevant locations, gathering evidence, and
documenting findings as per the court's instructions. The report and depositions
collected by the commissioner during the investigation are considered as evidence
in the lawsuit, providing valuable information to aid the court in making decisions.
The commissioner who conducted the investigation may be called to testify in court
and provide further clarification or details regarding their findings and the process
followed during the investigation.
Commissions for scientific investigation, performance of ministerial
act and sale of movable property

RULE 10A. Commission for scientific investigation.

EXPLAINATION: The court can appoint a commissioner to conduct scientific
investigations or experiments to gather specialized evidence relevant to the case,
especially in matters requiring technical expertise or analysis.

RULE 10B. Commission for performance of a ministerial act.

EXPLAINATION: The court may issue a commission to delegate a specific
administrative or procedural task, known as a ministerial act, to a designated
person or authority, typically to facilitate the progress of the legal proceedings.

RULE 10C. Commission for the sale of movable property.

EXPLAINATION: In cases where movable property needs to be sold, the court can
appoint a commissioner to oversee the sale process, ensuring that it is conducted
fairly and in accordance with the law, and to handle the necessary documentation
and procedures related to the sale.

Commissions to examine accounts.

RULE 11. Commission to examine or adjust accounts.

EXPLAINATION: The court may authorize a commissioner to review and reconcile
financial accounts relevant to the case, ensuring accuracy and fairness in financial
matters presented during the legal proceedings.
RULE 12. Court to give the Commissioner necessary instructions. Proceedings and
report to be evidence. The court may direct further inquiry.
EXPLAINATION: The court provides specific guidelines and directions to the
appointed commissioner regarding the scope and objectives of the inquiry or
examination, ensuring that the commissioner conducts their duties effectively and
in accordance with the court's requirements.
The proceedings and findings of the commissioner, documented in their report,
serve as valuable evidence in the case, contributing to the court's understanding
and decision-making process based on the information provided by the
commissioner. Based on the findings of the initial inquiry or examination conducted
by the commissioner, the court has the authority to order additional investigations
or inquiries

if deemed necessary to address any outstanding issues or gather further relevant

information essential to the case.

Commissions to make partitions.

RULE 13. Commission to make partition of immovable property.

EXPLAINATION: The court may appoint a commissioner to oversee the division of
immovable property among co-owners, ensuring a fair and equitable distribution
according to legal principles and the parties' interests.

RULE 14. Procedure of Commissioner.

EXPLAINATION: The commissioner follows a specific set of procedures outlined by
the court, which typically involves assessing the property, considering the parties'
claims and interests, and proposing a partition plan for approval by the court and
implementation by the parties involved.

General Provisions
RULE 15. Expenses of commission to be paid into Court.
EXPLAINATION: The costs associated with the commission, such as fees for the
commissioner and other expenses, are typically deposited with the court to ensure
proper management and disbursement of funds related to the commission's
activities.

RULE 16. Powers of Commissioners.

EXPLAINATION: Commissioners appointed by the court have the authority to carry
out the tasks assigned to them, which may include gathering evidence, examining
witnesses, conducting investigations, and making recommendations to the court
based on their findings.

RULE 16A. Questions objected to before the Commissioner.

EXPLAINATION: Parties involved in the proceedings have the right to raise
objections to questions asked during the commissioner's examination, ensuring
fairness and adherence to legal procedures during the fact-finding process.

RULE 17. Attendance and examination of witnesses before Commissioner.

EXPLAINATION: Witnesses relevant to the case may be summoned to appear
before the commissioner for examination, providing testimony or evidence crucial to
the resolution of the matter being investigated.

RULE 18. Parties to appear before Commissioner.

EXPLAINATION: The parties involved in the case are typically required to attend
proceedings before the commissioner, allowing them to present their perspectives,
provide input, and ensure that their interests are adequately represented during the
investigation or examination process.
RULE 18A. Application of order to execution proceedings.
EXPLAINATION: Orders related to the commission's activities may also apply to
execution proceedings, ensuring consistency and efficiency in the legal process
across different stages of the case.

RULE 18B. Court to fix a time for return of Commission.

EXPLAINATION: The court establishes a deadline or timeframe within which the
commissioner must submit their report or findings, ensuring timely progress and
resolution of the matter under consideration.

Commissions issued of the instance of Foreign Tribunals

RULE 19. Cases in which the High Court may issue commission to examine
witnesses.
EXPLAINATION: The High Court has the authority to issue a commission to
examine witnesses when their testimony is essential for a case, especially if they
are unable to appear in court due to distance or other reasons.

RULE 20. Application for issue of commission.

EXPLAINATION: Parties involved in a case can request the issuance of a
commission by submitting an application to the court, outlining the reasons why the
testimony of a particular witness is crucial and cannot be obtained through regular
court proceedings.

RULE 21. To whom commission may be issued.

EXPLAINATION: The commission may be issued to a person designated by the
court, often referred to as a commissioner, who is tasked with conducting the
examination of witnesses or other necessary tasks as specified by the court.

RULE 22. Issue, execution and return of commissions, and transmission of

evidence to foreign Court.
EXPLAINATION: The process involves the court issuing the commission, the
appointed commissioner executing it by gathering evidence or examining
witnesses, and then returning the commission along with the collected evidence to
the court. In cases involving foreign courts, the evidence gathered may be
transmitted to the relevant court through established legal procedures.

ORDER-27: Suits by or against the Government or Public

Officers in their Official Capacity
RULE 1. Suits by or against Government.
EXPLAINATION: These are legal actions involving the government as either the
plaintiff or the defendant, which could concern various matters such as disputes
over contracts, property, or administrative decisions.

RULE 2. Persons authorized to act for Government.

EXPLAINATION: Individuals who are legally empowered to represent the
government in legal proceedings, including government officials or attorneys
designated for this purpose.

RULE 3. Plaints in suits by or against Government.

EXPLAINATION: The formal written statements submitted to the court outlining the
claims or defenses made by the government in lawsuits, providing details of the
case and the relief sought.

RULE 4. Agent for Government to receive process.

EXPLAINATION: An appointed individual authorized to accept legal documents or
notices on behalf of the government, ensuring that the government is properly
notified of legal proceedings.

RULE 5. Fixing of day for appearance on behalf of Government.

EXPLAINATION: The court determines a specific date for the government to
appear or respond in legal proceedings, ensuring that government representation is
present, and the case can proceed fairly.
RULE 5A. Government to be joined as a party in a suit against a public officer.
EXPLAINATION: If a lawsuit involves a public officer's actions within their official
capacity, the government must also be included as a party to the suit to ensure
comprehensive resolution and representation of all relevant interests.

RULE 5B. Duty of Court in suits against the Government or a public officer to assist
in arriving at a settlement.
EXPLAINATION: The court is responsible for facilitating negotiations and
settlement discussions between the parties involved in cases against the
government or public officers to potentially resolve disputes without the need for a
trial.

RULE 6. Attendance of person able to answer questions relating to suit against

Government.
EXPLAINATION: The court may summon individuals with relevant knowledge or
information regarding lawsuits against the government to provide testimony or
answer questions pertinent to the case.

RULE 7. Extension of time to enable public officers make reference to Government.

EXPLAINATION: If a public officer needs additional time to seek guidance or
approval from the government regarding legal matters, the court may grant an
extension to accommodate this process.

RULE 8. Procedure in suits against public officer.

EXPLAINATION: Specific legal procedures and rules apply when initiating lawsuits
against public officers, ensuring proper representation of the government's interests
and adherence to legal requirements.

RULE 8A. No security is to be required from the Government or a public officer in

certain cases.
EXPLAINATION: In certain circumstances, such as when the government or a
public officer is involved in legal proceedings, they may be exempt from providing
financial security or bonds typically required in other cases.

RULE 8B. Definitions of “Government” and “Government pleader”.

EXPLAINATION: Clarifications of the terms "Government" and "Government
pleader" are provided, specifying their meanings within the context of legal
proceedings and representation.

ORDER-27(A): Suits Involving a Substantial Question of

Law as to the Interpretation of the Constitution or as to
the Validity of any Statutory Instrument

RULE 1. Notice to the Attorney General or the Advocate-General.

EXPLAINATION: In legal matters where the validity of laws or government actions
is questioned, the court must inform the Attorney General or the Advocate-General,
providing them with an opportunity to participate and provide input.

RULE 1A. Procedure in suits involving validity of any statutory instrument.

EXPLAINATION: Specific procedures are followed in lawsuits challenging the
legality of laws or regulations issued by government authorities, ensuring that such
matters are addressed comprehensively and fairly.

RULE 2. Court may add Government as party.

EXPLAINATION: The court has the authority to include the government as a
participant in legal proceedings if the case directly affects government interests or
actions.
RULE 2A. Power of Court to add Government or other authority as a defendant in a
suit relating to the validity of any statutory instrument.
EXPLAINATION: The court is empowered to include the government or relevant
authorities as defendants in lawsuits questioning the legality of laws or regulations,
allowing for a complete examination of the matter.

RULE 3. Costs.
EXPLAINATION: Determination of the expenses incurred during legal proceedings,
which may be awarded to the prevailing party or apportioned as directed by the
court.

RULE 4. Application of Order to appeals.

EXPLAINATION: The procedures outlined in this order apply to appeals as well,

ensuring consistency in the handling of legal matters across different stages of the
judicial process.

ORDER-28: Suits by or Against Military or Naval men or

Airmen.

RULE 1. Officers, soldiers, sailors, or airmen who cannot obtain leave may authorize
any person to sue or defend for them.
EXPLAINATION: Officers, soldiers, sailors, or airmen unable to take leave can
appoint someone to represent them in legal matters, allowing them to sue or
defend in court.

RULE 2. A person so authorized may act personally or appoint a pleader.

EXPLAINATION: The person authorized by the officer or soldier can either handle
the legal proceedings themselves or hire a lawyer to represent them.

RULE 3. Service to a person authorized, or on his pleader, to be good service.

EXPLAINATION: Legal documents can be served on the authorized person or their
lawyer, and it will be considered valid service, ensuring that they are properly
notified of any legal actions.

ORDER-29: Suits by or Against corporations.

RULE 1. Subscription and verification of pleading.

EXPLAINATION: This involves signing and confirming the truthfulness of a legal
document, like a pleading, by the party or their representative.

RULE 2. Service on corporation.

EXPLAINATION: It refers to the process of delivering legal documents, such as
court summons or notices, to a corporation's authorized representative or registered
office address.

RULE 3. Power to require personal attendance of officer of corporation.

EXPLAINATION: This grants the authority to compel a designated officer of a
corporation to personally appear in court or at a legal proceeding when necessary
for the case.
ORDER-30: Suits by or against Firms and Persons carrying
on business in names other than their own.

RULE 1. Suing of partners in name of firm.

EXPLAINATION: Partners can be sued collectively under the name of their business
partnership for legal matters involving the firm.

RULE 2. Disclosure of partners’ names.

EXPLAINATION: It mandates revealing the identities of all partners involved in a
business when initiating legal proceedings or any official documentation.

RULE 3. Service.
EXPLAINATION: The process of delivering legal documents, such as court
summons or notices, to the appropriate individuals or entities involved in a legal
case.

RULE 4. Rights of suit on death of partner.

EXPLAINATION: Clarifies the rights and obligations concerning legal actions that
can be pursued or continued by or against a partnership in the event of a partner's
death.

RULE 5. Notice in what capacity series served. Appearance of partners.

EXPLAINATION: Indicating in what capacity a legal document, such as a summons
or notice, is being served, whether as a partner of a firm or in another capacity.

RULE 7. No appearance except by partners.

EXPLAINATION: Specifies that only the partners of a firm are permitted to appear
in court or participate in legal proceedings on behalf of the partnership.

RULE 8. Appearance under protest.

EXPLAINATION: Entering a formal objection or protest when appearing in court or
participating in legal proceedings on behalf of a partnership, typically against
certain aspects of the case.

RULE 9. Suits between co-partners.

EXPLAINATION: Legal actions or disputes involving partners within the same
business partnership, addressing matters such as rights, responsibilities, or
disagreements between partners.

RULE 10. Suit against person carrying on business in name other than his own.
EXPLAINATION: Refers to legal actions brought against an individual operating a
business under a name different from their own legal name, often involving issues
related to business practices or liabilities.

ORDER-31: Suits by or Against Trustees, Executors and

Administrators

RULE 1. Representation of beneficiaries in suits concerning property vested in

trustees, etc.
EXPLAINATION: This rule allows beneficiaries to be represented in legal
proceedings involving property held by trustees or other fiduciaries, ensuring their
interests are protected in court.

RULE 2. Joinder of trustees, executors, and administrators.

EXPLAINATION: It permits the inclusion of trustees, executors, and administrators
as parties in legal actions related to the management or distribution of assets,
ensuring all relevant parties are involved in the litigation process.

RULE 3. Husband of married executrix not to join.

EXPLAINATION: This stipulates that the husband of a married woman serving as
an executrix (a woman appointed to execute a will) cannot join the legal
proceedings related to her duties as an executrix, preventing potential conflicts of
interest or undue influence in the litigation.

ORDER-32: Suits by or Against Minors and Persons of

Unsound Mind

RULE 1. Minor to sue by next friend.

EXPLAINATION: Minors must be represented in legal actions by a next friend,
usually a responsible adult appointed by the court to act on their behalf.

RULE 2. Where suit is instituted without next friend, plaint to be taken off the file.
EXPLAINATION: If a minor initiates legal proceeding without a next friend, the
court will remove the lawsuit from the records until a suitable representative is
appointed.

RULE 2A. Security to be furnished by next friend when so ordered.

EXPLAINATION: The court may require the next friend to provide financial security
to ensure proper representation of the minor's interests in the legal proceedings.
RULE 3. Guardian for the suit to be appointed by Court for minor defendant.
EXPLAINATION: When a minor is a defendant in a lawsuit, the court appoints a
guardian to represent their interests in the case.

RULE 3A. Decree against minor not to be set aside unless prejudice has been
caused to his interest.
EXPLAINATION: A court decree against a minor won't be invalidated unless it's
shown that the minor's interests were harmed.

RULE 4. Who may act as next friend or be appointed guardian for the suit.
EXPLAINATION: Certain responsible adults can act as next friends or be appointed
as guardians by the court to represent minors in legal matters.

RULE 5. Representation of minor by next friend or guardian for the suit.

EXPLAINATION: Next, friends or guardians represent minors in legal proceedings,
ensuring their interests are protected.

RULE 6. Receipt by next friend or guardian for the suit of property under decree for
minor.
EXPLAINATION: Property awarded to a minor under a court decree is received by
their next friend or guardian on their behalf.

RULE 7. Agreement or compromise by next friend or guardian for the suit.

EXPLAINATION: Next friends or guardians may enter into agreements or
compromises on behalf of minors to resolve legal disputes.

RULE 8. Retirement of next friend.

EXPLAINATION: A next friend can choose to step down from their role, typically
when the minor reaches adulthood or another suitable representative is appointed.

RULE 9. Removal of next friend.

EXPLAINATION: The court may remove a next friend if they are found to be unfit or
if it's in the minor's best interest to have a different representative.
RULE 10. Stay of proceedings on removal, etc., of next friend.
EXPLAINATION: Legal proceedings may be paused if a next friend is removed until
a replacement is appointed to represent the minor.

RULE 11. Retirement, removal, death of guardian for the suit.

EXPLAINATION: Similar to a next friend, the retirement, removal, or death of a
guardian for the suit necessitates the appointment of a new representative for the
minor.

RULE 12. Course to be followed by minor plaintiff or applicant on attaining majority.

EXPLAINATION: When a minor plaintiff or applicant reaches adulthood, they must
decide whether to continue with the legal action initiated during their minority.

RULE 13. Where minor co-plaintiff attaining majority desires to repudiate suit.
EXPLAINATION: If a minor co-plaintiff reaches adulthood and wishes to disavow
the lawsuit, they may do so under certain circumstances.

RULE 14. Unreasonable or improper suit.

EXPLAINATION: Legal actions initiated on behalf of minors must be reasonable and
in their best interests, and the court may dismiss suits that are deemed
unreasonable or improper.

RULE 15. Rules 1 to 14 (except rule 2A) apply to persons of unsound mind.
EXPLAINATION: Similar rules regarding representation and guardianship apply to
individuals declared as being of unsound mind.

RULE 16. Savings.

EXPLAINATION: This section likely refers to the retention of certain legal provisions
or rights not explicitly covered in the preceding rules.
ORDER-32(A): Suits Relating to Matters Concerning the
Family

RULE 1. Application of the Order.

EXPLAINATION: Describes the scope and applicability of the legal order or
directive being referenced.

RULE 2. Proceedings to be held in camera.

EXPLAINATION: Indicates that the legal proceedings will be conducted privately,
without public access, typically to protect sensitive information or individuals
involved.

RULE 3. Duty of Court to make efforts for settlement.

EXPLAINATION: Requires the court to actively seek opportunities for resolving the
dispute through negotiation or agreement before proceeding to a formal trial.

RULE 4. Assistance of welfare expert.

EXPLAINATION: Allows for the involvement of a professional with expertise in
welfare matters to provide guidance or advice to the court in cases involving the
well-being of individuals or families.

RULE 5. Duty to enquire into facts.

EXPLAINATION: Mandates the court to investigate and gather relevant information
or evidence to understand the circumstances of the case thoroughly.

RULE 6. “Family”—Meaning of.

EXPLAINATION: Provides a definition or explanation of what constitutes a "family"
in the context of the legal proceedings or regulations being discussed.
ORDER-33: Suits by Indigent Persons

RULE 1. Suits may be instituted by indigent persons.

EXPLAINATION: People who cannot afford court fees can still file lawsuits, ensuring
access to justice for all, regardless of financial status.

RULE 1A. Inquiry into the means of an indigent person.

EXPLAINATION: The court investigates the financial situation of indigent
individuals to determine if they qualify for fee waivers.

RULE 2. Contents of application.

EXPLAINATION: Indigent people must provide detailed information about their
financial status and the nature of their case when submitting their application.

RULE 3. Presentation of application.

EXPLAINATION: Indigent individuals submit their applications to the court,
initiating the process of seeking fee waivers.

RULE 4. Examination of applicant. If presented by agent, Court may order applicant

to be examined by commission.
EXPLAINATION: If an agent presents the application, the court may order an
examination of the applicant's financial status to verify indigency.

RULE 5. Rejection of application.

EXPLAINATION: Applications for fee waivers may be rejected if the court finds
insufficient evidence of indigency or other discrepancies.

RULE 6. Notice of day for receiving evidence of applicant’s indigency.

EXPLAINATION: Indigent persons receive notice of the date for presenting
evidence of their financial status to support their fee waiver request.

RULE 7. Procedure at hearing.

EXPLAINATION: The court conducts hearings to review evidence and make
decisions regarding fee waivers for indigent applicants, ensuring a fair process.

RULE 8. Procedure if application admitted.

EXPLAINATION: If the application is accepted, the court outlines the next steps for
the indigent person to proceed with their lawsuit, providing clarity on the process.

RULE 9. Withdrawal of permission to sue as an indigent person.

EXPLAINATION: Permission to sue as an indigent person may be revoked if
circumstances change or if the court finds misuse of the privilege.

RULE 9A. Court to assign a pleader to an unrepresented indigent person.

EXPLAINATION: Unrepresented indigent persons may be assigned a lawyer by the
court to ensure fair representation, promoting equality in legal proceedings.

RULE 10. Costs where indigent person succeeds.

EXPLAINATION: Indigent persons who succeed in their lawsuits may still incur
certain costs, which may vary depending on the outcome of the case and other
factors.

RULE 11. Procedure where indigent person fails.

EXPLAINATION: If an indigent person's lawsuit is unsuccessful, they may face
certain consequences or obligations, which the court will outline based on the
specific circumstances of the case.
RULE 11A. Procedure where indigent person’s suit abates.
EXPLAINATION: If an indigent person's lawsuit is terminated or becomes invalid for
any reason, the court follows specific procedures to address the situation and
ensure fairness for all parties involved.

RULE 12. State Government may apply for payment of court-fees.

EXPLAINATION: The state government can request to cover court fees on behalf of
indigent persons, ensuring access to justice for those who cannot afford legal
expenses.

RULE 13. State Government to be deemed a party.

EXPLAINATION: The state government is considered a participant in legal
proceedings involving indigent persons, reflecting its role in facilitating access to
justice for all citizens.

RULE 14. Recovery of amount of court fees.

EXPLAINATION: The court has mechanisms in place to recover court fees from
parties involved in legal proceedings, ensuring financial sustainability and fairness
in the justice system.

RULE 15. Refusal to allow applicant to sue as an indigent person to bar subsequent
application of like nature.
EXPLAINATION: If an applicant is denied permission to sue as an indigent person,
they may be prevented from submitting similar fee waiver requests in the future,
discouraging misuse of this privilege.

RULE 15A. Grant of time for payment of court-fee.

EXPLAINATION: Indigent persons may be granted additional time to pay court
fees, accommodating their financial circumstances and ensuring access to legal
remedies.

RULE 16. Costs.

EXPLAINATION: Indigent persons may still have certain financial obligations
associated with legal proceedings, such as court-related expenses, which the court
will determine based on the outcome of the case.
RULE 17. Defence by an indigent person.
EXPLAINATION: Indigent individuals have the right to defend themselves in legal
proceedings, ensuring their voices are heard and their interests are protected, even
if they cannot afford legal representation.

RULE 18. Power of Government to provide legal services to indigent persons.

EXPLAINATION: the government has the authority to offer free legal services to
indigent people, ensuring they have adequate representation and access to justice.

ORDER-34: Suits Relating to Mortgages of Immovable

Property

RULE 1. Parties to suit for foreclosure, sale, and redemption.

EXPLAINATION: These are the individuals or entities involved in legal actions
related to mortgage foreclosure, property sale, or mortgage redemption, including
the mortgage holder, borrower, and any other relevant parties.

RULE 2. Preliminary decree in foreclosure-suit.

EXPLAINATION: This is an initial court ruling in a foreclosure case that establishes
the rights and obligations of the parties involved, outlining the process for
foreclosure and any necessary actions to be taken by the parties.

RULE 3. Final decree in foreclosure-suit.

EXPLAINATION: This decree is the conclusive court order issued at the conclusion
of a foreclosure suit, determining the outcome of the case and resolving all related
issues, such as the transfer of property ownership or the sale of the mortgaged
property.

RULE 4. Preliminary decree in suit for sale. Power to decree sale in foreclosure-suit.
EXPLAINATION: Similar to foreclosure suits, this decree is an initial court ruling in a
lawsuit where the sale of property is sought, outlining the terms and conditions
under which the sale will proceed, including any necessary prerequisites or
procedures.

RULE 5. Final decree in suit for sale.

EXPLAINATION: This is the ultimate court order issued in a lawsuit for property
sale, finalizing the sale process and specifying the rights and obligations of the
parties involved, such as the distribution of sale proceeds or the transfer of property
ownership.

RULE 6. Recovery of balance due on mortgage in suit for sale.

EXPLAINATION: In a lawsuit seeking the sale of mortgaged property, this process
involves the court determining and facilitating the recovery of any outstanding
mortgage balance owed by the borrower after the sale of the property.

RULE 7. Preliminary decree in redemption suit.

EXPLAINATION: This decree is issued at the beginning of a redemption suit,
outlining the terms and conditions under which the mortgagor can redeem the
property, including the amount to be paid and any necessary steps to be taken.

RULE 8. Final decree in redemption suit.

EXPLAINATION: This decree is the conclusive court order issued at the end of a
redemption suit, confirming the redemption of the property by the mortgagor and
finalizing the transfer of ownership or other relevant actions.

RULE 8A. Recovery of balance due on mortgage in suit for redemption.

EXPLAINATION: Similar to the sale suit, this process involves the court
determining and facilitating the recovery of any outstanding mortgage balance
owed by the mortgagor after the redemption of the property.
RULE 9. Decree where nothing is found due or where mortgagee has been
overpaid.
EXPLAINATION: This decree is issued when the court finds that either nothing is
owed on the mortgage or the mortgagee has been overpaid, resolving the matter
and determining any necessary actions thereafter.

RULE 10. Costs of mortgagee subsequent to decree.

EXPLAINATION: These are the expenses incurred by the mortgagee subsequent to
the issuance of the decree, which may include legal fees, administrative costs, or
other relevant expenses.

RULE 10A. Power of Court to direct mortgagee to pay mesne profits.

EXPLAINATION: The court has the authority to instruct the mortgagee to pay any
mesne profits, which are profits earned from the property during the period between
the decree and the completion of the redemption process.

RULE 11. Payment of interest.

EXPLAINATION: This involves the calculation and payment of interest on the
mortgage debt, ensuring that the mortgagee receives appropriate compensation for
the use of their funds over the course of the redemption process.

RULE 12. Sale of property subject to prior mortgage.

EXPLAINATION: In certain cases, the mortgaged property may be sold subject to a
prior mortgage, meaning that the new buyer will assume responsibility for the
existing mortgage debt.

RULE 13. Application of proceeds.

EXPLAINATION: When a mortgaged property is sold, the proceeds from the sale
are applied in a specific manner, typically first used to satisfy any outstanding
mortgage debt and then distributed among other parties according to their
respective interests.

RULE 14. Suit for sale necessary for bringing mortgaged property to sale.
EXPLAINATION: In some situations, a separate lawsuit for property sale may be
necessary to bring the mortgaged property to sale, allowing for the resolution of the
mortgage debt through the sale process.

RULE15. Mortgages by the deposit of title-deeds and charges.

EXPLAINATION: This refers to mortgages created by the deposit of title-deeds or
the imposition of charges on property, outlining the legal mechanisms by which
such mortgages are established and enforced.

ORDER-35: Interpleader

RULE 1. Plaint in interpleader-suit.

EXPLAINATION: This is the formal written statement filed by a party in an
interpleader suit, where the party admits holding property claimed by multiple
claimants and seeks court guidance on how to distribute it.

RULE 2. Payment of thing claimed into Court.

EXPLAINATION: The defendant, uncertain about who rightfully owns the disputed
property, deposits it into the court's custody for safekeeping until the ownership
issue is resolved through legal proceedings.

RULE 3. Procedure where defendant is suing plaintiff.

EXPLAINATION: If the defendant in an interpleader suit counterclaims against the
plaintiff, asserting a right to the disputed property, the court follows specific
procedures to address both the original claim and the counterclaim.
RULE 4. Procedure at first hearing.
EXPLAINATION: During the initial court session of an interpleader suit, the judge
reviews the plaintiff's complaint, the defendant's response, and any related
documents to understand the nature of the dispute and decide on the next steps in
the legal process.

RULE 5. Agents and tenants may not institute interpleader-suits.

EXPLAINATION: Individuals acting as agents or tenants cannot initiate interpleader
suits on behalf of their principals or landlords, as these parties are not considered
the rightful owners of the disputed property.

RULE 6. Charge for plaintiff's costs.

EXPLAINATION: In an interpleader suit, the plaintiff may be required to pay a fee
or charge to cover the court costs associated with filing the lawsuit and managing
the dispute over the claimed property.

ORDER-36: Special Case

RULE 1. Power to state case for Court’s opinion.

EXPLAINATION: Parties in a legal dispute can request the court to clarify legal
issues or provide an opinion on certain matters related to the case.

RULE 2. Where value of subject-matter must be stated.

EXPLAINATION: When initiating a case, the plaintiff must specify the monetary
value or worth of the subject matter under dispute to ensure proper jurisdiction and
legal procedures.

RULE 3. Agreement to be filed and registered as suit.

EXPLAINATION: If parties have reached an agreement but need the court's
endorsement, they can file it as a formal lawsuit, and it must be registered
accordingly.

RULE 4. Parties to be subject to Court's jurisdiction.

EXPLAINATION: Parties involved in the case must comply with the court's authority
and decisions, ensuring that they are bound by the court's jurisdiction throughout
the legal proceedings.

RULE 5. Hearing and disposal of case.

EXPLAINATION: The court schedules a hearing to examine the arguments and
evidence presented by both parties and subsequently makes a decision or disposes
of the case based on the merits of the arguments and applicable laws.

RULE 6. No appeal from a decree passed under rule 5.

EXPLAINATION: Decrees or judgments made by the court based on Rule 5,
regarding the hearing and disposal of the case, cannot be appealed, meaning the
decision is final and cannot be challenged further in a higher court.

ORDER-37: Summary Procedure

RULE 1. Courts and classes of suits to which the Order is to apply.

EXPLAINATION: Specifies the courts and types of legal cases to which the rules
outlined in the Order are applicable, ensuring consistency and uniformity in legal
procedures across different jurisdictions and types of suits.

RULE 2. Institution of summary suits.

EXPLAINATION: Describes the process of initiating legal action through summary
suits, which typically involve simplified procedures for resolving straightforward
disputes, expediting the legal process for certain types of cases.
RULE 3. Procedure for the appearance of defendant.
EXPLAINATION: Outlines the steps that the defendant must follow to appear in
court after being summoned, ensuring their right to defend themselves and
participate in the legal proceedings effectively.

RULE 4. Power to set aside decree.

EXPLAINATION: Grants the court authority to nullify or revoke a previously issued
decree under certain circumstances, providing a mechanism to correct errors or
injustices that may have occurred during the legal process.

RULE 5. Power to order bill, etc., to be deposited with officer of Court.

EXPLAINATION: Authorizes the court to instruct the party presenting a bill or
similar document as evidence to deposit it with a court-appointed officer, ensuring
the document's availability and authenticity during legal proceedings.

RULE 6. Recovery of cost of noting non-acceptance of dishonored bill or note.

EXPLAINATION: Specifies the procedure for recovering the costs incurred by a
party due to the non-acceptance of a dishonored bill or note, ensuring that the party
is compensated for any financial losses resulting from the dishonor.

RULE 7. Procedure in suits.

EXPLAINATION: Provides general guidelines and protocols for conducting legal
proceedings in suits, outlining the steps to be followed by both parties and the court
throughout the litigation process.

ORDER-38: Arrest and Attachment before Judgment

Arrest before Judgment

RULE 1. Where defendant may be called upon to furnish security for appearance.
EXPLAINATION: Describes situations where the defendant may be required to
provide a guarantee or assurance to ensure their attendance in court for legal
proceedings, typically when there's a risk of the defendant not appearing when
summoned.

RULE 2. Security
EXPLAINATION: Refers to the guarantee or collateral that the defendant is
required to provide to the court to ensure their appearance, often in the form of a
bond or deposit, serving as a commitment to fulfill their legal obligations.

RULE 3. Procedure on application by surety to be discharged.

EXPLAINATION: Outlines the process that a surety, someone who guarantees the
defendant's appearance, must follow if they wish to be released from their
obligation, typically involving formal application and review by the court.

RULE 4. Procedure where defendant fails to furnish security or find fresh security.
EXPLAINATION: Describes the steps taken by the court if the defendant either fails
to provide the required security or if the provided security becomes inadequate,
potentially leading to consequences such as the revocation of bail or further legal
action.

Attachment before Judgment

RULE 5. Where defendant may be called upon to furnish security for production of
property.
EXPLAINATION: Describes situations where the defendant is required to provide a
guarantee to ensure the production of specific property relevant to the legal
proceedings, typically to prevent its disposal or concealment.
RULE 6. Attachment where cause not shown, security not furnished.
EXPLAINATION: Explains the authority of the court to seize property if the
defendant fails to justify why it shouldn't be attached or if they don't provide the
required security, aiming to secure the plaintiff's claim pending resolution of the
case.

RULE 7. Mode of making attachment.

EXPLAINATION: Outlines the process by which the court seizes or "attaches" the
defendant's property, typically involving a legal order and physical possession or
control to prevent its transfer or disposal until the case is resolved.

RULE 8. Adjudication of claim to property attached before judgment.

EXPLAINATION: Describes how the court handles disputes regarding the ownership
or legitimacy of property seized before a judgment is made, ensuring fair resolution
and preventing unjust confiscation.

RULE 9. Removal of attachment when security furnished, suit dismissed.

EXPLAINATION: Explains the circumstances under which an attachment on
property is lifted, either because the defendant has provided the required security
or if the lawsuit is dismissed, restoring the defendant's control over the property.

RULE 10. Attachment before judgment not to affect rights of strangers, nor bar
decree-holder from applying for sale.
EXPLAINATION: Ensures that the pre-judgment attachment doesn't infringe on the
rights of unrelated parties and doesn't prevent the decree-holder from seeking
further legal action to enforce their rights, such as applying for the sale of the
attached property.

RULE 11. Property attached before judgment not to be re-attached in execution of

decree.
EXPLAINATION: Ensures that property seized before a judgment is made cannot
be seized again during the enforcement of a decree, preventing double jeopardy for
the defendant and ensuring fairness in legal proceedings.

RULE 11A. Provisions applicable to attachment.

EXPLAINATION: Outlines additional regulations and guidelines relevant to the
process of property attachment, ensuring clarity and consistency in how
attachments are conducted and managed within the legal system.

RULE 12. Agricultural produce is not attachable before judgment.

EXPLAINATION: Specifies that agricultural goods cannot be seized before a
judgment is made, protecting the interests of farmers and agricultural producers
from pre-judgment confiscation of their essential assets.

RULE 13. Small Cause Court not to attach immovable property.

EXPLAINATION: Prohibits small claims courts from seizing immovable property,
ensuring that the attachment process is appropriate for the scale and nature of
disputes handled by these courts and preventing undue hardship on defendants.

ORDER-39: Temporary Injunctions and Interlocutory Orders

Temporary injunctions

RULE 1. Cases in which temporary injunction may be granted.

EXPLAINATION: Temporary injunctions, which are court orders to halt certain
actions temporarily, may be granted in cases where immediate action is necessary
to prevent irreparable harm or maintain the status quo until a final decision is made
in the case.

RULE 2. Injunction to restrain repetition or continuance of breach.

EXPLAINATION: Injunctions can be issued to prevent someone from continuing or
repeating a harmful action that violates the rights of another party, ensuring that
the harmful behavior ceases and does not occur again in the future.
RULE 2A. Consequence of disobedience or breach of injunction.
EXPLAINATION: If someone disobeys or breaches an injunction, they may face
legal consequences such as fines, penalties, or even imprisonment for contempt of
court, emphasizing the importance of complying with court orders.

RULE 3. Before granting an injunction, Court to direct notice to the opposite party.
EXPLAINATION: Before issuing an injunction, the court must ensure that the
opposing party has been notified and given an opportunity to present their
arguments or objections, ensuring fairness and allowing both sides to be heard.

RULE 3A. Court to dispose of application for injunction within thirty days.
EXPLAINATION: The court is required to promptly address applications for
injunctions within thirty days, ensuring timely resolution of disputes and preventing
unnecessary delays in providing relief to the parties involved.

RULE 4. Order for injunction may be discharged, varied, set aside.

EXPLAINATION: Court orders for injunctions can be modified, canceled, or revised
based on changing circumstances or new evidence, allowing for flexibility in
addressing the needs and rights of both parties involved.

RULE 5. Injunction to corporation binding on its officers.

EXPLAINATION: Injunctions issued against corporations are also binding on their
officers, ensuring that individuals acting on behalf of the corporation comply with
the court's orders and preventing circumvention of injunctions through corporate
structures.

Interlocutory orders

RULE 6. Power to order interim sale.

EXPLAINATION: Courts have the authority to order the temporary sale of property
or assets involved in a lawsuit before the final judgment is made, often to prevent
further loss or damage while the case is ongoing.
RULE 7. Detention, preservation, inspection, etc., of subject-matter of suit.
EXPLAINATION: Courts can issue orders to detain, preserve, or allow inspection of
the subject matter of the lawsuit, such as documents, properties, or assets, to
ensure they remain intact and available for examination during the legal
proceedings.

RULE 8. Application for such orders to be after notice.

EXPLAINATION: Requests for these orders must typically be made after providing
notice to the opposing party, allowing them an opportunity to respond or contest
the application before the court decides whether to grant the requested relief.

RULE 9. When a party may be put in immediate possession of land the subject-
matter of suit.
EXPLAINATION: In certain cases, a party involved in a lawsuit may be granted
immediate possession of land or property that is the subject of the dispute, typically
when there is urgency or necessity involved, and the court deems it appropriate.

RULE10. Deposit of money, etc., in Court.

EXPLAINATION: Parties in a lawsuit may be required to deposit money or other
assets with the court as security or to fulfill certain obligations related to the case,
ensuring that funds are available to satisfy judgments or fulfill court orders.

ORDER-40: Appointment of Receivers

RULE 1. Appointment of receivers.

EXPLAINATION: Courts can appoint receivers to manage and safeguard property
or assets involved in a lawsuit, ensuring they are properly maintained and protected
during legal proceedings.

RULE 2. Remuneration.
EXPLAINATION: Receivers may be entitled to compensation for their services,
which can include managing the property, collecting rent, or performing other
duties as directed by the court. The amount of remuneration is typically determined
by the court based on the receiver's responsibilities and efforts.

RULE 3. Duties.
EXPLAINATION: Receivers are tasked with various responsibilities, such as
overseeing the property or assets entrusted to them, collecting income, paying
expenses related to the property, and acting in the best interests of all parties
involved in the lawsuit.

RULE 4. Enforcement of receiver’s duties.

EXPLAINATION: Courts have the authority to enforce the duties of receivers,
ensuring they fulfill their obligations and responsibilities faithfully and efficiently.
Failure to comply with court orders or neglect of duties can result in legal
consequences for the receiver.

RULE 5. When Collector may be appointed receiver.

EXPLAINATION: In certain circumstances, such as when property is involved in
dispute or needs protection, a government official like a Collector may be appointed
as a receiver by the court to oversee the management and administration of the
property until the legal issues are resolved.

ORDER-41: Appeals from Original Decrees

RULE 1. Form of appeal. What to accompany memorandum. Contents of

memorandum.
EXPLAINATION: Appeals must be filed in a specific format, usually a written
document called a memorandum. This memorandum should be accompanied by
relevant documents, such as the lower court's judgment or order being appealed,
along with any other supporting evidence or legal arguments. The memorandum
should contain details about the case, parties involved, and the reasons for the
appeal.
RULE 2. Grounds which may be taken in appeal.
EXPLAINATION: The appellant can raise various grounds for appeal, including
errors in the lower court's judgment, misinterpretation of law, or procedural
irregularities. These grounds provide the basis for challenging the decision of the
lower court and seeking a different outcome in the appellate court.

RULE 3. Rejection or amendment of memorandum.

EXPLAINATION: The appellate court has the authority to reject or amend the
memorandum of appeal if it does not comply with the required format or if it lacks
essential information. This ensures that appeals are properly filed and meet the
necessary legal standards for consideration by the appellate court.

RULE 3A. Application for condonation of delay.

EXPLAINATION: If there is a delay in filing the appeal beyond the prescribed time
limit, the appellant can file an application seeking condonation of this delay. This
application should explain the reasons for the delay and request the court to accept
the appeal despite the late filing. The court may grant or deny this request based on
the circumstances presented by the appellant.

RULE 4. One of several plaintiffs or defendants may obtain reversal of whole

decree where it proceeds on ground common to all.
EXPLAINATION: In cases where multiple plaintiffs or defendants are involved and
the decree is based on a common ground affecting all parties, one of them can
appeal for the reversal of the entire decree. This allows for a unified challenge to
the lower court's decision when the legal issue affects all parties similarly.

Stay of proceedings and of execution

RULE 5. Stay by Appellate Court. Stay by Court which passed the decree.
EXPLAINATION: The appellate court has the authority to temporarily stop or "stay"
the enforcement of the lower court's decision while the appeal is pending. This
prevents the parties from taking any action based on the original judgment until the
appeal is resolved.

RULE 6. Security in case of order for execution of decree appealed from.

EXPLAINATION: The court that originally issued the decree also has the power to
temporarily halt its execution. This allows for a pause in enforcing the decree until
any appeals or other legal matters related to the case are resolved.

RULE 7. [Repealed.]

RULE 8. Exercise of powers in appeal from order made in execution of decree.

EXPLAINATION: When an appeal is filed regarding an order issued during the
execution of a decree, the appellate court has the authority to review and decide on
the validity and consequences of that order. This ensures that the rights of the
parties involved are protected and that any errors or issues in the execution process
are addressed properly.

Procedure on admission of appeal

RULE 9. Registry of memorandum of appeal.

EXPLAINATION: The appellate court maintains a record or registry of the written
statement, called the memorandum of appeal, submitted by the appellant, outlining
the grounds for their appeal. This ensures that all necessary documentation related
to the appeal is properly recorded and stored for reference during the appellate
process.

RULE 10. Appellate Court may require appellant to furnish security for costs. Where
appellant resides out of India.
EXPLAINATION: The appellate court has the authority to request the appellant to
provide a financial guarantee, known as security for costs, to cover potential
expenses related to the appeal process. This ensures that the appellant can cover
any costs that may arise during the appeal, such as court fees or legal expenses.
RULE 11. Power to dismiss appeal without sending notice to Lower Court.
EXPLAINATION: In certain circumstances, the appellate court has the power to
dismiss an appeal without notifying or involving the lower court. This typically
occurs when the appeal is deemed to lack merit or is filed improperly, allowing for
swift resolution without the need for further proceedings at the lower court level.

RULE 11A. Time within which hearing under rule 11 should be concluded.
EXPLAINATION: Rule 11A establishes the timeframe within which the hearing
initiated under Rule 11, where the appeal may be dismissed without notice to the
lower court, should be completed. This ensures that the appellate process proceeds
efficiently and expeditiously, promoting timely resolution of appeals.

RULE 12. Day for hearing appeal.

EXPLAINATION: The appellate court schedules a specific day for the hearing of the
appeal, providing a clear timeline for both parties to present their arguments and
evidence. This ensures orderly proceedings and allows parties to prepare
adequately for the appellate hearing.

RULE 13. [Omitted.]

RULE 14. Publication and service of notice of day for hearing appeal. Appellate
Court may itself cause notice to be served.
EXPLAINATION: The appellate court publishes and delivers formal notice to the
parties involved, informing them of the scheduled date for the appeal hearing. This
ensures that all parties are aware of the hearing date and can prepare accordingly.
Additionally, the appellate court has the authority to arrange for the delivery of the
notice itself, ensuring timely and proper service to all concerned parties.

RULE 15. [Omitted.]

Procedure on hearing

RULE 16. Right to begin.

EXPLAINATION: In an appeal, the party who files the appeal typically has the right
to present their case first, outlining their arguments and evidence before the court.

RULE 17. Dismissal of appeal for appellant's default. Hearing appeal ex parte.
EXPLAINATION: If the appellant fails to attend the appeal hearing without a valid
reason, the court may dismiss the appeal. In such cases, the appeal is heard in the
absence of the appellant, known as an ex parte hearing.

RULE18. [Omitted.]

RULE 19. Re-admission of appeal dismissed for default.

EXPLAINATION: The appellant may request the court to reconsider their appeal if it
was dismissed due to their absence without a valid reason. This allows them
another opportunity to present their case before the court.

RULE 20. Power to adjourn hearing and direct persons appearing interested to be
made respondents.
EXPLAINATION: The court may postpone the appeal hearing and instruct relevant
parties to join the proceedings as respondents if their interests are affected by the
appeal. This ensures all relevant parties have the opportunity to participate and
present their arguments.

RULE 21. Re-hearing on application of respondent against whom ex parte decree

made.
EXPLAINATION: If a respondent disagrees with a decision made in their absence
(ex parte), they can apply for a re-hearing to present their case. This allows them to
challenge the decree issued against them without their involvement. During the
appeal process, a respondent has the right to contest the decree as if they had filed
a separate appeal. They can raise objections and present arguments against the
decree issued by the lower court.

RULE 22. Upon hearing the respondent object to decree as if he had preferred a
separate appeal. Form of objection and provisions applicable thereto.
EXPLAINATION: states that during the appeal process, the respondent (the party
against whom the appeal is filed) has the right to object to the decree issued by the
lower court as if they had filed a separate appeal. This means they can raise
concerns or arguments against the decree just like they would in their own appeal.
The objection should be in the form prescribed by the court, and the relevant
provisions regarding appeals apply to these objections, ensuring a fair and
consistent process for all parties involved.

RULE 23. Remand of case by Appellate Court.

EXPLAINATION: The appellate court may send the case back to the lower court for
further proceedings if it is deemed necessary. This could be due to incomplete
evidence or procedural errors that need to be addressed.

RULE 23A. Remand in other cases.

EXPLAINATION: Similar to Rule 23, in cases other than those mentioned
specifically, the appellate court can still decide to remand the case to the lower
court for various reasons, ensuring proper adjudication.

RULE 24. Where evidence on record sufficient, Appellate Court may determine case
finally.
EXPLAINATION: If the evidence presented in the appeal is deemed enough, the
Appellate Court has the authority to make a final decision on the case without
further delay.

RULE 25. Where Appellate Court may frame issues and refer them for trial to the
Court whose decree appealed from.
EXPLAINATION: In cases where the Appellate Court finds it necessary, it can
outline specific issues for further examination and send them back to the lower
court for trial or clarification.

RULE 26. Findings and evidence to be put on record. Objections to findings.

Determination of appeal.
EXPLAINATION: The findings and evidence considered by the Appellate Court are
recorded, allowing parties to raise objections if they disagree. After reviewing
objections and evidence, the Court makes a decision on the appeal based on the
available information.

RULE 26A. Order of remand to mention date of next hearing.

EXPLAINATION: When a case is remanded by the Appellate Court to the lower
court, the order will specify the date for the next hearing, ensuring clarity and
procedural continuity.

RULE 27. Production of additional evidence in Appellate Court.

EXPLAINATION: Additional evidence is collected in the Appellate Court through
established methods, ensuring fairness and adherence to procedural guidelines for
the admission and consideration of new information.

RULE 28. Mode of taking additional evidence.

EXPLAINATION: This involves following specific methods and procedures set by the
court to ensure fairness and accuracy in collecting and presenting new information
that may be relevant to the case. The mode of taking additional evidence aims to
maintain transparency and integrity in the appellate proceedings.

RULE 29. Points to be defined and recorded.

EXPLAINATION: These points serve as key issues or questions that need
clarification or resolution during the appellate process. By clearly defining and
recording these points, the court ensures that all aspects of the case are addressed
and that the parties involved understand what is being considered in the appeal.
This helps in maintaining clarity and focus throughout the proceedings.

Judgment in appeal

RULE 30. Judgment when and where pronounced.

EXPLAINATION: specifies that the judgment must be pronounced by the court at a
designated time and place. This ensures that both parties involved in the case are
informed of the court's decision in a timely manner.

RULE 31. Contents, date, signature of judgment.

EXPLAINATION: the judgment should contain the essential contents of the court's
decision, including the date and the signature of the judge. This formalizes the
decision-making process and provides a clear record of the court's ruling.
RULE 32. What judgment may direct.
EXPLAINATION: outlines that the judgment may direct specific actions or remedies
based on the court's decision. This could include ordering payment of damages,
issuing an injunction, or any other appropriate legal measures to resolve the matter
at hand.

RULE 33. Power of Court of appeal.

EXPLAINATION: It grants the Court of Appeal the authority to review and
potentially modify judgments made by lower courts. This ensures that decisions are
subject to thorough scrutiny and allows for corrections or adjustments if necessary.

RULE 34. Dissent to be recorded.

EXPLAINATION: It mandates that any dissenting opinions among the judges must
be recorded. This ensures transparency in the decision-making process and provides
a record of differing viewpoints within the court.

Decree in appeal.

RULE 35. Date and contents of decree. Judge dissenting from judgment need not
sign decree.
EXPLAINATION: specifies that the decree must include the date and the essential
contents of the court's decision, similar to the judgment. Unlike the judgment, if a
judge dissents from the decision, they are not required to sign the decree.

RULE 36. Copies of judgment and decree to be furnished to parties.

EXPLAINATION: According to Rule 36, copies of both the judgment and the decree
must be provided to the parties involved in the case. This ensures that all parties
have access to the official record of the court's decision.

RULE 37. Certified copy of decree to be sent to Court whose decree appealed from.
EXPLAINATION: It mandates that a certified copy of the decree must be sent to
the court from which the decree was appealed. This facilitates the continuity of legal
proceedings and ensures that all relevant courts are informed of the outcome of the
appeal.
ORDER-42: Appeals from Appellate Decrees

RULE 1. Procedure.
EXPLAINATION: refers to the established steps and methods followed by the court
during the appeal process. It outlines how the appeal is conducted, including filing
documents, presenting arguments, and scheduling hearings.

RULE 2. Power of Court to direct that the appeal be heard on the question
formulated by it.
EXPLAINATION: The "Power of Court to direct that the appeal be heard on the
question formulated by it" means that the court has the authority to specify
particular issues or questions that will be the focus of the appeal hearing. This helps
streamline the process and ensures clarity in addressing the key matters at hand.

RULE 3. Application of rule 14 of Order XLL.

EXPLAINATION: It means that Rule 14 of Order XLII, which likely pertains to the
procedure for presenting arguments or evidence during an appeal, is relevant and
applicable in the current context. This rule may govern specific aspects of the
appeal process, such as the submission of written statements or the timeline for
presenting arguments.
ORDER-43: Appeals from Orders

RULE 1. Appeals from orders.

EXPLAINATION: refers to the process of challenging decisions made by a court
during the course of a legal case. This allows parties dissatisfied with specific rulings
or directions to seek review from a higher court to potentially reverse or modify
those decisions.

RULE1A. Right to challenge non-appealable orders in appeal against decrees.

EXPLAINATION: grants parties the ability to contest orders that are typically not
subject to appeal when they are part of a larger appeal against a final decree. This
ensures that all relevant issues can be addressed comprehensively in the appellate
process.

RULE 2. Procedure.
EXPLAINATION: outlines the steps and methods followed in the appellate process
for orders. It includes requirements such as filing a notice of appeal, presenting
arguments, and scheduling hearings, providing a structured framework for parties
to seek review of orders they believe are erroneous.

ORDER-44: Appeals by Indigent Persons

RULE 1. Who may appeal as an indigent person.

EXPLAINATION: determines who is eligible to file an appeal without paying court
fees due to financial hardship. It allows individuals lacking financial means to still
seek appellate review of court decisions.

RULE 2. Grant of time for payment of Court-fee.

EXPLAINATION: enables individuals granted the status of an indigent person to
receive additional time to pay court fees, easing the financial burden associated
with the appeal process.

RULE 3. Inquiry as to whether applicant is an indigent person.

EXPLAINATION: involves an examination by the court to ascertain if the individual
applying for indigent status truly lacks the financial resources to afford court fees.
This inquiry ensures that only those genuinely in need receive the benefits of
indigent status.

ORDER-45: Appeals to the Supreme Court

RULE 1. “Decree” defined.

EXPLAINATION: clarifies the legal meaning of a decree within the context of court
judgments, outlining its significance and scope in legal proceedings.

RULE 2. Application to Court whose decree complained of.

EXPLAINATION: allows parties aggrieved by a decree to submit an application to
the court that issued the decree, seeking permission to appeal the decision.

RULE 3. Certificate as to value or fitness.

EXPLAINATION: is a formal document issued by the court certifying the
importance or appropriateness of the matter for appeal, providing a basis for
considering the appeal request.

RULE 4. [Repealed.]

RULE 5. [Repealed.]

RULE 6. Effect of refusal of certificate.

EXPLAINATION: delineates the consequences if the court denies the certificate
requested for appeal, typically resulting in the inability to proceed with the appeal
process without this authorization.

RULE 7. Security and deposit required on grant of certificate.

EXPLAINATION: mandates the provision of financial security or deposit by the
appellant upon receiving the certificate, serving as a guarantee against potential
costs or damages incurred during the appeal.

RULE 8. Admission of appeal and procedure thereon.

EXPLAINATION: involves the acceptance of the appeal by the court after reviewing
the application and certificate, followed by the initiation of procedural steps outlined
for handling the appeal.

RULE 9. Revocation of acceptance of security.

EXPLAINATION: allows the court to cancel its acceptance of provided security if
necessary, typically due to non-compliance or other valid reasons.

RULE 9A. Power to dispense with notices in case of deceased parties.

EXPLAINATION: grants the court authority to skip the requirement of notifying
deceased parties or their representatives in certain circumstances, streamlining
legal proceedings.

RULE 10. Power to order further security or payment.

EXPLAINATION: authorizes the court to demand additional security or payments
from parties involved in the appeal process to ensure compliance with orders or to
cover potential liabilities.

RULE11. Effect of failure to comply with order.

EXPLAINATION: outlines the consequences of failing to adhere to the court's
orders, which may include penalties, sanctions, or adverse legal outcomes.

RULE 12. Refund of balance deposit.

EXPLAINATION: entails the return of any remaining deposited funds to the party
who provided them, typically occurring after the conclusion of legal proceedings or
upon fulfilling specified conditions.

RULE 13. Powers of Court pending appeal.

EXPLAINATION: delineates the authority retained by the court while an appeal is
pending, enabling it to issue orders or take actions deemed necessary to maintain
the status quo or prevent prejudice to any party.

RULE 14. The increase of security found inadequate.

EXPLAINATION: permits the court to demand additional security if the initially
provided security is deemed insufficient to cover potential liabilities or risks
associated with the appeal.

RULE 15. Procedure to enforce orders of the Supreme Court.

EXPLAINATION: outlines the steps and mechanisms involved in enforcing orders
issued by the Supreme Court, ensuring compliance with its directives.

RULE16. Appeal from order relating to execution.

EXPLAINATION: provides parties the right to appeal decisions or orders made
during the execution of judgments, enabling review and potential modification or
reversal by higher courts.

RULE 17. [Repealed.]

ORDER-46: Reference
RULE 1. Reference of question to High Court.
EXPLAINATION: allows a lower court to seek guidance from the High Court on a
legal question or issue that arises during a case, ensuring clarity and proper
interpretation of the law.

RULE 2. The court may pass a decree contingent upon a decision of the High Court.
EXPLAINATION: enables a court to issue a decree that depends on the decision or
clarification provided by the High Court on a specific legal matter, ensuring that the
final judgment aligns with the High Court's ruling.

RULE 3. Judgment of High Court to be transmitted, and case disposed of

accordingly.
EXPLAINATION: mandates that once the High Court provides its judgment or
decision on the referred question, it must be transmitted back to the lower court,
which then proceeds to resolve the case based on the High Court's guidance.

RULE 4. Costs of reference to High Court.

EXPLAINATION: pertains to the expenses incurred by parties due to the reference
made to the High Court, typically involving fees for legal representation, court
filings, or any other related expenses.

RULE 4A. Reference to High Court under proviso to section 113.

EXPLAINATION: specifies the procedure for referring questions to the High Court
as outlined in the proviso to section 113 of the law, ensuring consistency and
adherence to legal requirements.

RULE 5. Power to alter, etc., decree of Court making reference.

EXPLAINATION: grants the court authority to modify or amend the decree it issued
based on the decision or clarification provided by the High Court, ensuring that the
final judgment reflects the correct legal interpretation.

RULE 6. Power to refer to High Court questions as to jurisdiction in small causes.

EXPLAINATION: allows a court to seek the High Court's opinion on questions
related to its jurisdiction in cases involving small claims, ensuring that legal
proceedings are conducted within the appropriate legal framework.

RULE 7. Power to District Court to submit for revision proceeding had under mistake
as to jurisdiction in small causes.
EXPLAINATION: empowers a District Court to request a revision of proceedings
conducted under a mistaken understanding of jurisdiction in cases involving small
claims, ensuring fair and proper administration of justice.

ORDER-47: Review

RULE 1. Application for review of judgment.

EXPLAINATION: allows a party to request a review of a court's judgment if they
believe there was a legal error or oversight in the decision.

RULE 2. [Repealed.]
RULE 3. Form of applications for review.
EXPLAINATION: outlines the specific format and content requirements for
submitting an application for the review of a judgment, ensuring clarity and
completeness in the request.

RULE 4. Application where rejected. Application where granted.

EXPLAINATION: refers to the process when a court declines to review a judgment
based on the application submitted, typically due to insufficient grounds or
procedural irregularities. occurs when a court accepts the application for review,
signaling that it will reconsider the judgment based on the grounds presented in the
application, offering the opportunity for potential reversal or modification of the
initial decision.

RULE 5. Application for review in Court consisting of two or more Judges.

EXPLAINATION: specifies the procedure for seeking a review of judgment in a
court composed of multiple judges, ensuring consistent and thorough evaluation of
the application.

RULE 6. Applications were rejected.

EXPLAINATION: pertains to the scenario where the court denies the application for
review, typically due to a lack of substantive legal grounds or failure to meet
procedural requirements.

RULE 7. Order of rejection not appealable. Objections to order granting application.

EXPLAINATION: indicates that the decision to reject an application for review
cannot be appealed, emphasizing finality in the court's determination regarding the
review request. allows parties to raise objections or challenges to a court's decision
to grant an application for review, ensuring transparency and providing an avenue
for addressing concerns regarding the review process.

RULE 8. Registry of application granted, and order for re-hearings.

EXPLAINATION: involves the administrative process of recording and documenting
the court's decision to grant an application for review, along with instructions for
scheduling re-hearings or further proceedings as necessary to reconsider the
judgment.

RULE 9. Bar of certain applications

EXPLAINATION: This rule establishes limitations on certain types of applications
that can be submitted to the court after a judgment has been made. It typically bars
applications that seek to revisit issues that have already been decided, or those that
attempt to challenge the judgment without valid legal grounds. Essentially, it
prevents repetitive or frivolous applications that do not contribute to the proper
administration of justice.
ORDER-48: Miscellaneous

RULE 1. Process to be served at expense of party issuing. Costs of service.

EXPLAINATION: This rule stipulates that the party initiating legal proceedings is
responsible for serving legal documents to the involved parties, and they must bear
the expenses incurred in this process. It also outlines the procedure for determining
the costs associated with serving legal documents, ensuring that the party issuing
the process covers these expenses.

RULE 2. Orders and notices how served.

EXPLAINATION: Under this rule, guidelines are provided regarding the proper
methods for serving court orders and notices to the relevant parties involved in the
legal proceedings. It specifies the acceptable modes of service, ensuring that orders
and notices are effectively communicated to the parties, thereby facilitating
compliance with the court's directives.

RULE 3. Use of forms in appendices.

EXPLAINATION: This rule dictates the utilization of standardized forms provided in
the appendices of the legal procedure. It mandates the use of these forms for
various documents submitted to the court, ensuring consistency and clarity in the
presentation of legal documents. By adhering to specified forms, parties can
streamline the filing process and enhance the efficiency of legal proceedings.
ORDER-49: Chartered High Courts

RULE 1. Who may serve processes of High Court.

EXPLAINATION: his rule specifies the individuals or entities authorized to serve
legal processes issued by the High Court. It ensures that only designated persons,
such as court-appointed officers or authorized agents, are permitted to carry out the
service of legal documents, thereby maintaining the integrity and reliability of the
legal process.

RULE 2. Saving in respect of Chartered High Courts.

EXPLAINATION: This rule preserves the special provisions applicable to Chartered
High Courts, ensuring that any specific rules or regulations established for these
courts remain unaffected by general procedural rules. It acknowledges the unique
status and jurisdiction of Chartered High Courts, safeguarding their distinct legal
framework and operational autonomy.

RULE 3. Application of rules.

EXPLAINATION: This rule clarifies the scope and applicability of the procedural
rules outlined within the legal framework. It ensures that the rules governing court
procedures are uniformly applied across different jurisdictions and types of courts,
promoting consistency and coherence in the administration of justice.

ORDER-50: Provincial Small Cause Courts

RULE 1. Provincial Small Cause Courts.

EXPLAINATION: This rule pertains to the establishment and operation of Provincial
Small Cause Courts. It outlines the framework for these specialized courts, which
typically handle minor civil disputes involving small claims. The rule may specify the
jurisdiction, procedures, and administrative arrangements for Provincial Small Cause
Courts, ensuring efficient resolution of small-scale legal matters within the province.
ORDER-51: Presidency Small Cause Courts

RULE 1. Presidency Small Cause Courts.

EXPLAINATION: This rule addresses the establishment and functioning of
Presidency Small Cause Courts. These courts are specialized entities within certain
presidencies or regions, handling minor civil disputes with small claims. The rule
outlines the jurisdiction, procedures, and administrative framework for these courts,
ensuring swift resolution of small-scale legal matters within the respective
presidency.