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INDEX

TO THE CODE OF CIVIL PROCEDURE.

(AT XIV. of 1882.)

suit for 402. Accept, see Bill.

Acceptance by plaintiff of sum deposited in court as satisfaction in part only, procedure upon 379, as satisfaction in full 379, see Accommodationbill, Agreement, Revocation; and payment, see Sale of goods; by trustee of inconsistent trust, see Appointment of new trustee; of arbitration, see Refusal; of security, see Revocation.

Abandonment of part of plain- | Abusive language, bar of paupertiff's claim 373, of suit by election of late minor 452, of debt, &c, see Compromise. Abatement of suit by death 361, in absence of application by representative of sole or sole surviving plaintiff deceased 365, of suit, effect of, 371, of nuisance, plaint in suit for sch. iv, No. 101, see Female party. Absconding, procedure in case of witness 168, of person failing to comply with summons 175, or leaving jurisdiction to avoid or delay plaintiff 477, (a), (b), 478. See Attachment, Contributory, Proclamation. Absence of judge of whose decree review is applied for 627, see Adjournment. from labour, see Endorsement, Forfeit, Statement, Time; of respondent, see Rehearing; of trustee from India, see Appointment of new trustee.

Absent witness, see Commission. Absolute when sale in execution becomes 297, confirmation necessary to render sale 314. Absolute-owner, plaint in suit of, for possession of immoveable property sch. iv, No. 94. Absolved from further liability, when discharged insolvent may be declared to be 358.

Accepted, see Goods made. Accommodation-bill, concise statement of claim for money paid on sch. iv, No. 114. Accompaniment

of petition for enforcement of queen's order 610, to return of summors of other court, form of sch. iv, No. 121. Accompaniments of memorandum of appeal 541. Accompanying executing officer, see Warrant of arrest. Accordance with award, appeal from decree not in 522. Account of property, suit for 213, discretion of court as to keeping of, in case of injunction granted 493, of arrears of rent, concise statement of claim for, sch. iv, No. 114.

539, xiii of 1842, procedure in cases defined in 7 & sch. iii, xiii of 1855, concise statement of claim under, as executor, for damages for death of passenger on railway from injuries caused by negligence of servants sch. iv, No. 114. xxxv of 1858, or other law, persons adjudged under, to be of unsound mind 463, x of 1877, repealed 3 & sch. i, xii of 1879 section 1 to 103, repealed 3 & sch. i, vii of 1880, section 85, repealed 3 & sch. i, x of 1881 repealed in part 2 & sch. i, xvii of 1881, see l'ortuguese convention act; xiv of 1882, see Civil procedure code, Code of civil procedure. Adding plaintiff or defendant, appeal from order as to 588 (b), cause of action, appeal from order as to 588 (c). Addition to judgment 202. Additional evidence, direction by appellate court to lower court to take 566, see Production.

Accounts not settled, statement | Act-concld. of claim in suit for amount to be ascertained on taking 50, order for taking of, in administration-suit 213, in suit for dissolution of partnership 215, power to compel production of, by representative 234, of receipts and disbursements to be rendered by collector to court 325, commissions for examination and adjustment of 394, 395, to be passed by receiver 503 (f), excluded from record in appeal to queen as unnecessary 602 (2). Acknowledgment of service of summons, signature to 79, process on military man 468. Acquiescence of non-resident defendants as to place of suing 17. Act relating to matter in dispute, decision by court as to doing, or abstaining from, under agreement between parties 150, doing, or refraining from doing of, according to finding of court on question referred by agreement 527 (c), 528, done in official capacity, security not to be required from public officer sued in respect of 547, see Application of act, Enactments, Foreign jurisdiction and extradition act, Indian arms act, Indian evidence act, Indian penal code, Laws; causing injury, see Commission of act; destructive or injurious, to property, see Commission; of duty of trustee, see Compelling performance; of lessee, his servants or agents, see Making good; of parties, see Transfers, xix of 1835, procedure in cases, defined in 7 and sch. iii, x of 1840, section 2, repealed

Additional judges, subordination of courts of 25.

Additional punishment, see Con

viction.

Addressing court on behalf of others 635.

Adjournment to future day, hearing when there is no 96, of hearing ex parte 101, of framing of issues 148, after framing and recording issues 155, of sale in execution 291, of sale, collector's power as to 321 (c), of hearing of application to be declared insolvent 350, of hearing of appeal 555557, power of court as to 556

Adjournments, provisions relating to 156-158.

Adjudication of title to subject

of interpleader suit 473 (c). Adjustment of matters in dispute, statement is to, in application for execution 235 (e), of accounts directed in decree in suit as to land or tenure 501, of financial transactions between Imperial and governments 610, see Accounts, Compelling, Withdrawal; of accounts, see Commissioner; of suits, see Withdrawal. Administration plaint of adminis

Indian

trator to show that he has taken out 50, ill. (b), by court, of property in suit 213, of trust for public charity by direction of court 539, by creditor, plaint in suit for sch. iv, No. 105, by specific legatees, plaint in suit for sch. iv, No. 106, by pecuniary legatees, plaint in suit for sch. iv, No. 107, see Certificate, Grant, Oath; of companies, see Management; of property, see Account; of trust-property, see Protection.

Administration-suit 213, by lega tee, final decree in sch. iv, No. 131, where executor per sonally liable for legacies sch⚫ iv, No. 131, by next of kin, final decree in sch. iv, No. 131, see Creditor of mortgagor, Preliminary order. Administrator, plaint what to shew in suit of 50, ill. (b), see Executor, Set-off, Trustees, Admiralty cause

of salvage, towage or collision, power to have assessors in 645A. Admiralty Jurisdiction, saving of 616.

Admissibility of document not produced with plaint or entered thereon 63, see Exceptions; of evidence, see Question of law. Admission of plaint, procedure on 58, of claim by defendant 64, in absence of plaintiff 102, of documents not produced at first hearing 139, according to law of evidence before placing on record 141, of application for execution, procedure on 245, of person to be legal representative for presenting suit 367, of application to sue as pauper, procedure on 410, of possession of money or deliverable thing, the subject of suit 502, of memorandum of appeal, procedure on 548, of pauper appeal, procedure on application for 592, of appeal to queen 603 (a), of application for review 629, of affidavits, power to make rules as to 647, see Allegations, Genuineness, Procedure, Refusal; by third person, see Formal admission; in evidence, see Receipt to be given; of docuAdmissions of parties to interments, see Sending for records. pleader suit 473.

Advance to subsistence-money to be paid in 339, see Consideration; of money, see Failure; under land improvement act, see Mortgage.

Adverse interest, next friend of minor to have no 445, 446. Advertisement, notice by, of institution of suit 30. Advertisements of company, see Notices.

Advice of court, see Opinion.

ex

Advocate, included in Pleader 2, of high court not required to produce power 39. Advocate General, acting officio may institute suit relating to public charity 539, see Consent, Officers, Powers. Affidavit, answer to interrogatories to be by 126, 127; discovery by 129, application for order of inspection to be founded on 134, to call for record of other suit to be supported by 137. Affidavit in support of application for commission 384, for appointment of new next friend 447, of late minor 453, 454, for appointment of guardian for suit 456, of plaintiff that security be taken 477, 483, for temporary injunction 492, or affirmation to support application for distress-warrant 53. Affidavits, provisions relating to 194-197, disclosing defence in summary suit, or facts necessitating proof of consideration 533.

Affirmation, in appeal, of decree 575, see Affidavit, False evidence; of actionable claim, see judgment.

Age, election of minor on coming of 450, repudiation of suit by minor co-plaintiff coming of 454. Agent not being expressly authorized, who may be recognized agent in case of 37 (c), for receipt of process 41, empowered to accept, service of summons on 75, by whom nonresident defendant carries on business, service of summons on, 76 in charge of immoveable property, service of

Agent-corfeld.

summon on 77, service on defendan't residing within jurisdiction of another court and having no 85, service on, of letter substituted for summons 92, appearance of defendant by, without summons 97, presentation of pauper's application by 404, of pauper, examination of 406, of government to receive process 419, appearance of respondent by authorized 557, concise statement of claim for money entrusted to sch. iv, No. 114.

Agents, institution by, of interpleader suits against

their

principals 474, see Appear ance, Oath; holding deposits, see Bankers; of company, see Duty; of lessee, see Making goods; of lessor, see Notice. Agreement between parties as to question to be decided by court 150, of commissioners for partition in report 396, by pauper as to subject-matter, passing interest therein to another 407 (d), 414 (c), of parties as to nomination of arbitrators, appointment by court on failure of 507, of major part of arbitrators 509 (b), to refer dif. ference to arbitration, filing of in court 523, of parties, proceedings on 527-531, to appeal, as to form of decree in appeal or as to order to be passed 577, papers excluded from record in appeal by 602 (2), to convey land, plaint in suit for breach of sch. iv, No. 56, to purchase land, plaint in suit for breach of sch. iv, No. 57, of indemnity, plaint in suit on sch. iv, No. 69.

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