80. Procedure when defendant refuses to accept service, or cannot be found. 81. When service substituted, time for appearance to be fixed. 85. Service of summons when defendant resides within jurisdiction of another Court and has no agent to accept service. 86. Service, within Presidency-towns and Rangoon, of process issued by Provincial Courts. 87. Service on defendant in jail. 88. Procedure if jail be in different district. 89. Service when defendant resides out of British India and has no agent to accept service. 90. Service in foreign territory throngh British Resident or Court. 91. 92. Substitution of letter for summons. Mode of sending such letter. Service of Process. 93. Process to be served at expense of party issuing. Costs of service. 94. Notices and orders in writing how served. 95. Postage. Postage. CHAPTER VII. OF THE APPEARANCE OF THE PARTIES AND CONSEQUENCE OF NON-APPEARANCE. 96. Parties to appear on day fixed in summons for defendant to appear and answer. 97. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay fee for issuing. Proviso. 98. If neither party appears, suit to be dismissed. 99. In such case plaintiff may bring fresh suit; or Court may restore suit to its file. 100. Procedure if only plaintiff appears, when summons duly served, when summons not duly served, when summons served, but not in due time. 101. Procedure where defendant appears on day of adjourned hearing, and assigns good cause for previous non-appearance. 102. Procedure where defendant only appears. 103. Decree against plaintiff by default bars fresh suit. 104. Procedure where defendant residing out of British India does not appear. 105. Procedure in case of non-attendance of one or more of several plaintiffs. 106. Procedure in case of non-attendance of one or more of several defendants. 107. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person. Of setting aside Decrees ex parte. 108. Setting aside decree ex parte against defendant. 109. No decree to be set aside without notice to opposite party. CHAPTER VIII. OF WRITTEN STATEMENTS AND SET-OFF. 110. Written statements. 111. Particulars of set-off to be given in written statement. Inquiry. Effect of set-off. 112. No written statement to be received after first hearing. Provisoes. 113. Procedure when party fails to present written statement called for by Court. 114. Frame of written statements. 115. Written statements to be signed and verified. Sections. 133. Application for order of inspection. 134. Application to be founded on affidavit. 135. Power to order issue or question on which right to discovery depends to be first determined. 136. Consequences of failure to answer or give inspection. 137. Court may send for papers from its own records or from other Courts. 138. Documentary evidence to be in readiness at first hearing. 139. Effect of non-production of documents. 140. Documents to be received by Court. Rejection of irrelevant or inadmissible documents. 141. Endorsements on documents admitted in evidence. 141A. Endorsements on copies of admitted entries in books, accounts and records. 142. Endorsements on documents rejected as inadmissible in evidence. 142A. Recording of admitted and return of rejected documents. 143. Court may order any document to be impounded. CHAPTER XI. OF THE SETTLEMENT OF ISSUES. 146. Framing of issues. 147. Allegations from which issues may be framed. 148. Court may examine witnesses or documents before framing issues. 149. Power to amend, add and strike out issues. 165. 150. Questions of fact or law may by agreement be stated in form of issue. Power to require persons present in court to give evidence. Sections. 168. Attachment of property of absconding witness. 169. If witness appears, attachment may be withdrawn. 170. Procedure if witness fails to appear. 171. Court may of its own accord summon as witnesses strangers to suit. 172. Duty of persons summoned to give evidence or produce document. 173. When they may depart. 174. Consequences of failure to comply with summons. Procedure when witness apprehended cannot give evidence or produce documents. 175. Procedure when witness absconds. 176. Persons bound to at end in person. 177. Consequence of refusal of party to give evidence when called on by Court. 178. Rules as to witnesses to apply to parties summoned. 180 Statement and production of evidence by other party. Judgment to be dated and signed. Judgment of Small Cause Courts. court. Judgments of other Courts. |