Code of Civil Procedure CPC Appendices

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Civil Procedure Code, 1908

Chapter – CPC 00 Preliminary

Chapter – CPC 01 Suits In General

Chapter – CPC 02 Execution

Chapter – CPC 03 Incidental Proceedings

Chapter – CPC 04 Suits In Particular Cases

Chapter – CPC 05 Special Proceedings

Chapter – CPC 06 Supplemental Proceedings

Chapter – CPC 07 Appeals

Chapter – CPC 08 Reference, Review and Revision

Chapter – CPC 09 Special Provisions Relating To The High Courts

Chapter – CPC 10 Rules

Chapter – CPC 11 Miscellaneous

Chapter – CPC Appendices

Appendix A – Pleadings

1. Titles of Suits
2. Description of Parties in Particular Cases
3. Plaints
   1. Money Lent
   2. Money Overpaid
   3. Goods Sold at a Fixed Price and Delivered
   4. Goods Sold at a Reasonable Price and Delivered
   5. Goods Made at Dependent’s Request, and not Accepted
   6. Deficiency Upon a Re – sale Goods Sold at Auction
   7. Services at a Reasonable Rate
   8. Services and Materials at a Reasonable Cost
   9. Use and Occupation
   10. On an Award
   11. On a Foreign Judgment
   12. Against Surety for Payment of Rent
   13. Breach of Agreement to Purchase Land
   14. Not Delivering Goods Sold
   15. Wrongful Dismissal
   16. Breach of Contract to Serve
   17. Against a Builder for Defective Workmanship
   18. On a Bond for the Fidelity of a Clerk
   19. By Tenant against Landlord, with Special Damage
   20. On an Agreement of Indemnity
   21. Procuring Property by Fraud
   22. Fraudulently Procuring Credit to be given to another Person
   23. Polluting the Water under the Plaintiff’s Land
   24. Carrying on a Noxious Manufacture
   25. Obstructing a Right of Way
   26. Obstructing a Highway
   27. Diverting a Water – course
   28. Obstructing a Right to Use Water for Irrigation
   29. Injuries Caused by Negligence on a Railroad
   30. Injuries Caused by Negligent Driving
   31. For Malicious Prosecution
   32. Movables Wrongfully Detained
   33. Against a Fraudulent Purchaser and his Transferee with Notice
   34. Rescission of a Contract on the Ground of Mistake
   35. An Injunction Restraining Waste
   36. Injunction Restraining Nuisance
   37. Public Nuisance
   38. Injunction against the Diversion of a Water – course
   39. Restoration of Movable Property Threatened with Destruction and for an Injunction
   40. Interpleader
   41. Administration by Creditor on Behalf of Himself and all Other Creditors
   42. Administration by Specific Legatee
   43. Administration by Pecuniary Legatee
   44. Execution of Trusts
   45. Foreclosure or Sale
   46. Redemption
   47. Specific Performance (No. 1)
   48. Specific Performance (No. 2)
   49. Partnership
4. Written Statements
   • General Defences –
     • Denial
     • Limitation
     • Jurisdiction
     • Insolvency
     • Minority
     • Payment into Court
     • Performance remitted
     • Rescission
     • Res judicata
     • Estoppel
   • Ground of defence subsequent to institution of suit –
     1. Defence in Suits for Goods Sold and Delivered
     2. Defence in Suits on Bonds
     3. Defence In Suits On Guarantees
     4. Defence In Any Suit For Debt
     5. Defence In Suits For Injuries Caused By Negligent Driving
     6. Defence In All Suits For Wrongs
     7. Defence In Suits For Detention Of Goods
     8. Defence In Suits For Infringement Of Copyright
     9. Defence In Suits For Infringement Of Trade Mark
     10. Defence In Suits Relating To Nuisances
     11. Defence To Suit For Foreclosure
     12. Defence To Suit For Redemption
     13. Defence To Suit For Specific Performance
     14. Defence In Administration Suit By Pecuniary Legatee
     15. Probate Of Will In Solemn
     16. Particulars (Order 6, Rule 5)

Appendix B – Process

1. Summons For Disposal Of Suit (Order 5, Rules 1, 5)
2. Summons For Settlement Of Issues (Order 5, Rules 1, 5)
3. Summons To Appear In Person (Order 5, Rule 3)
4. Summons in a Summary Suit (Order 37, Rule 2) 4A. Summons for Judgement in a Summary Suit (Order 37, Rule 3)
5. Notice to Person who, the Court Considers, should be added as Co – Plaintiff (Order 1, Rule 10)
6. Summons to Legal Representative of a Deceased Defendant (Order 22, Rule 4)
7. Order for Transmission of Summons for Service in the Jurisdiction of another Court (Order 5, Rule 21)
8. Order for Transmission of Summons to be Served on a Prisoner (Order 5, Rule 25)
9. Order for Transmission of Summons to be Served on a Public Servant or Soldier (Order 5, Rules 27, 28)
10. To Accompany Returns of Summons of Another Court (Order 5, Rule 23)
11. Affidavit Of Process – service To Accompany Return Of A Summons Or Notice (Order 5, Rule 18)
12. Notice To Defendant (Order 9, Rule 6)
13. Summons To Witness (Order 16, Rules 1, 5)
14. Proclamation Requiring Attendance Of Witness (Order 16, Rule 10)
15. Proclamation Requiring Attendance Of Witness (Order 16, Rule 10)
16. Warrant Of Attachment Of Property Of Witness (Order 16, Rule 10)
17. Warrant Of Arrest Of Witness (Order 16, Rule 10)
18. Warrant Of Committal (Order 16, Rule 16)
19. Warrant Of Committal (Order 16, Rule 18)

Appendix C – Discovery, Inspection and Admission

1. Order for Delivery of Interrogatories (Order 11, Rule 1)
2. Interrogatories (Order 11, Rule 4)
3. Answer To Interrogatories (Order 11, Rule 9)
4. Order for Affidavit as to Documents (Order 11, Rule 12)
5. Affidavit as to Documents (Order 11, Rule 13)
6. Order to Produce Documents for Inspection (Order 11, Rule 14)
7. Notice to Produce Documents (Order 11, Rule 16)
8. Notice to Inspect Documents (Order 11, Rule 17)
9. Notice to Admit Documents (Order 12, Rule 3)
10. Notice to Admit Facts (Order 12, Rule 5)
11. Admission of Facts Pursuant to Notice (Order 12, Rule 5)
12. Notice to Produce (General Form) (Order 12, Rule 8)

Appendix D – Decrees

1. Decree in Original Suit (Order 20, Rules 6, 7)
2. Simple Money Decree (Section 34)
3. Preliminary Decree for Foreclosure (Order 34, Rule 2 – Where accounts are directed to be taken) 3A. Preliminary Decree for Foreclosure (Order 34, Rule 2 – Where the Court declares the amount due)
4. Final Decree for Foreclosure (Order 34, Rule 3)
5. Preliminary Decree for Sale (Order 34, Rule 4 – Where accounts are directed to be taken) 5A. Preliminary Decree for Sale (Order 34, Rule 4 – When the Court declares the amount due)
6. Final Decree for Sale (Order 34, Rule 5)
7. Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Foreclosure is Passed (Order 34, Rule 7 – Where accounts are directed to be taken)
   7A. Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Sale is Passed (Order 34, Rule 7 – Where accounts are directed to be taken)
   7B. Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Foreclosure is Passed (Order 34, Rule 7 – Where the Court declares the amount due)
   7C. Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Sale is Passed (Order 34, rule 7 – Where the Court declares the amount due)
   7D. Final Decree for Foreclosure in a Redemption Suit on Default of Payment by Mortgagor (Order 34, Rule 8)
   7E. Final Decree for Sale in a Redemption on Suit on Default of Payment by Mortgagor (Order 34, Rule 8)
   7F. Final Decree in a Suit for Foreclosure, Sale or Redemption where the Mortgagor Pays the Amount of the Decree (Order 34, Rules 3, 5, 8)
8. Decree against Mortgagor Personally for Balance after the Sale of the Mortgaged Property (Order 34, Rules 6, 8A)
9. Preliminary Decree for Foreclosure of Sale – Plaintiff 1st Mortgagee, vs. Defendant No. 1 Mortgagor, Defendant No. 2 2nd Mortgagee. (Order 34, Rules 2, 4)
10. Preliminary Decree for Redemption of Prior Mortgage and Foreclosure of Sale on Subsequent Mortgage – Plaintiff 1st Mortgagee, vs Defendant No. 1 Mortgagor, Defendant No. 2 2nd Mortgagee. (Order 34, rules 2, 4 and 7)
11. Preliminary Decree for Sale – Plaintiff Sub or Derivative mortgagee vs. Defendant No. 1 Mortgagor, Defendant No. 2 Original Mortgagee. (Order 34, Rule 4)
12. Decree for Rectification of Instrument
13. Decree to Set Aside a Transfer in Fraud of Creditors
14. Injunction Against Private Nuisance
15. Injunction against Building Higher than Old Level
16. Injunction Restraining Use of Private Road
17. Preliminary Decree in an Administration – Suit
18. Final Decree in an Administration – Suit by a Legatee
19. Preliminary Decree in an Administration – Suit by a Legatee, where an Executor is held Personally Liable for the Payment of Legacies
20. Final Decree in an Administration – Suit by Next – of – Kin
21. Preliminary Decree in a Suit for Dissolution of Partnership and the Taking of Partnership Accounts
22. Final Decree in a Suit for Dissolution of Partnership and the Taking of Partnership Accounts
23. Decree for Recovery of Land and Mesne Profit

Appendix E – Execution

1. Notice to Show Cause Why a Payment or Adjustment should not be Recorded as Certified (Order 21, Rule 2)
2. Precept (Section 46)
3. Order Sending Decree for Execution to another Court (Order 21, Rule 6)
4. Certificate of Non – Satisfaction of Decree (Order 21, Rule 6)
5. Certificate of Execution of Decree Transferred to Another Court (Order 21, Rule 6)
6. Application for Execution of Decree (Order 21, Rule 11)
7. Notice to Show Cause Why Execution should not Issue (Order 21, Rule 16)
8. Warrant of Attachment for Movable Property in Execution of a Decree for Money (Order 21, Rule 30)
9. Warrant for Seizure of Specific Movable Property Adjudged by Decree (Order 21, Rule 31)
10. Notice to State Objection to Draft of Document (Order 21, Rule 34)
11. Warrant to the Belief to Give Possession of Land, etc. (Order 21, Rule 35)
12. Notice to Show Cause Why Warrant of Arrest should not Issue (Order 21, Rule 37)
13. Warrant of Arrest in Execution (Order 21, Rule 38)
14. Warrant of Committal of Judgment – Debtor to Jail (Order 21, Rule 40)
15. Order for the Release of a Person Imprisoned in Execution of a Decree (Sections 58, 59)
16. Attachment in Execution Prohibitory Order, where the Property to be Attached Consists of Movable Property to which the Defendant is Entitled Subject to a lien or Right of some other Person to the Immediate Possession thereof (Order 21, Rule 46)
    16A. Affidavit of Assets to be made by a Judgment – debtor (Order 21, Rule 41(2))
17. Attachment in Execution Prohibitory Order, where the Property Consists of Debts not Secured by Negotiable Instruments (Order 21, Rule 46)
18. Attachment in Execution Prohibitory Order, where the Property Consists of Shares in the Capital of a Corporation (Order 21, Rule 46)
19. Order to Attach Salary of Public Officer or Servant of Railway Company or Local Authority (Order 21, Rule 48)
20. Order of Attachment of Negotiable Instrument (Order 21, Rule 51)
21. Attachment Prohibitory Order, where the Property Consists of Money or of any Security in the Custody of a Court of Justice of Public Officer (Order 21, Rule 52)
22. Notice of Attachment of a Decree to the Court which Passed it (Order 21, Rule 52)
23. Notice of Attachment of a Decree to the Holder of the Decree (Order 21, Rule 53)
24. Attachment in Execution Prohibitory Order, Where the Property Consists of Immovable Property (Order 21, Rule 54)
25. Order for Payment to the Plaintiff, etc., of Money, etc., in the Hands of a Third Party (Order 21, Rule 56)
26. Notice to Attaching Creditor (Order 21, Rule 58)
27. Warrant of Sale of Property in Execution of a Decree for Money (Order 21, Rule 66)
28. Notice of the Day Fixed for Setting a Sale Proclamation (Order 21, Rule 66)
29. Proclamation of Sale (Order 21, Rule 66)
30. Order on the Nazir for Causing Service of Proclamation of Sale (Order 21, Rule 66)
31. Certificate by Officer Holding a Sale of the Deficiency of Price on a Re – sale of Property by Reason of the Purchaser’s Default (Order 21, Rule 71)
32. Notice to Person in Possession of Movable Property Sold in Execution (Order 21, Rule 79)
33. Prohibitory Order against Payment of Debts Sold in Execution to any Other than the Purchaser (Order 21, Rule 79)
34. Prohibitory Order against the Transfer of Share Sold in Execution (Order 21, Rule 79)
35. Certificate to Judgment – debtor Authorising him to Mortgage Lease or Sell Property (Order 21, Rule 83)
36. Notice to Show Cause Why Sale should not be Set Aside (Order 21, Rules 90, 92)
37. Notice to Show Cause Why Sale should not be Set Aside (Order 21, Rules 91, 92)
38. Certificate of Sale of Land (Order 21, Rule 94)
39. Order for Delivery to Certified Purchaser of Land at a Sale in Execution (Order 21, Rule 95)
40. Summons to Appear and Answer Charge of Obstructing Execution of Decree (Order 21, Rule 97)
41. Warrant of Committal (Order 21, Rule 98)
42. Authority of the Collector to Stay Public Sale of Land (Section 72)

Appendix F – Supplemental Proceedings

1. Warrant of Arrest before Judgment (Order 38, Rule 1)
2. Security for Appearance of a Defendant Arrested before Judgment (Order 38, Rule 2)
3. Summons to Defendant to Appear on Surety’s Application For Discharge (Order 38, Rule 3)
4. Order For Committal (Order 38, Rule 4)
5. Attachment before Judgment, with Order to Call for Security for Fulfilment of Decree (Order 38, Rule 5)
6. Security for the Production of Property (Order 38, Rule 5)
7. Attachment before Judgment, on Proof of Failure to Furnish Security (Order 38, Rule 6)
8. Temporary Injunctions (Order 39, Rule 1)
9. Appointment of a Receiver (Order 40, Rule 1)
10. Bond to be Given by Receiver (Order 40, Rule 3)

Appendix G – Appeal, Reference and Review

1. Memorandum of Appeal (Order 41, Rule 1)
2. Security Bond to be Given on Order Being Made to Stay Execution of Decree (Order 41, Rule 5)
3. Security Bond to be Given During the Pendency of Appeal (Order 41, Rule 6)
4. Security for Costs of Appeal (Order 41, Rule 10)
5. Intimation to Lower Court of Admission of Appeal (Order 41, Rule 13)
6. Notice to Respondent of the Day Fixed for the Hearing of the Appeal (Order 41, Rule 14)
7. Notice to a Party to a Suit not made a Party to the Appeal but Joined by the Court as a Respondent (Order 41, Rule 20)
8. Memorandum of Cross Objection (Order 41, Rule 22)
9. Decree in Appeal (Order 41, Rule 35)
10. Application to Appeal in forma pauperis (Order 44, Rule 1)
11. Notice of Appeal In forma pauperis (Order 44, Rule 1)
12. Notice to Show Cause why a Certificate of Appeal to the Supreme Court should not be Granted (Order 43, Rule 3)
13. Notice to Respondent of Admission of Appeal to the Supreme Court (Order 45, Rule 8)
14. Notice to Show Cause Why a Review should not be Granted (Order 47, Rule 4)

Appendix H – Miscellaneous

1. Agreement of Parties as to Issues to be Tried (Order 14, Rule 6)
2. Notice of Application for the Transfer of a Suit to Another Court for Trial (Section 24)
   2A. List of Witnesses Proposed to be Called by Plaintiff/Defendant (Order 16, Rule 1)
3. Notice of Payment into Court (Order 24, Rule 2)
4. Notice to Show Cause (General Form)
5. List of Documents Produced by Plaintiff/Defendant (Order 13, Rule 1)
6. Notice to Parties of the Day Fixed for Examination of a Witness about to Leave the Jurisdiction (Order 18, Rule 16)
7. Commission to Examine Absent Witness (Order 26, Rules 4, 18)
8. Letter of Request (Order 26, Rule 5)
9. Commission for a Local Investigation, or to Examine Accounts (Order 26, Rules 9, 11)
10. Commission to Make a Partition (Order 26, Rule 13)
11. Notice to Certificated, Natural, or, De – facto Guardian (Order 32, Rule 3)
    11A. Notice to Minor Defendant (Order 32, Rule 3)
12. Notice to Opposite Party of Day Fixed for Hearing Evidence of Pauperism (Order 33, Rule 6)
13. Notice to Surety of his Liability Under a Decree (Section 145)
14. Register of Appeals (Order 41, Rule 9)

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