labels as in the plaintiff's plaint [or petition, &c.] mentioned, or any other labels so contrived or expressed as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be the same as the composition or blacking manufactured and sold by the plaintiff, A. B., and from using trade-cards so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the defendant is the same as the composition or blacking manufactured or sold by the plaintiff, A. B., until the &c.

[To restrain a partner from in any way interfering in the business]

to restrain the defendant, C. D., his agents and servants, from entering into any contract, and from accepting, drawing, endorsing or negotiating any bill of exchange, note or written security, in the name of the partnership-firm of B. & D., and from contracting any debt, buying and selling any goods, and from making or entering into any verbal or written promise, agreement or undertaking, and from doing or causing to be done any act, in the name or on the credit of the said partnership-firm of B. & D., or whereby the said partnership-firm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the performance of any contract, promise or undertaking, until the &c.

No. 167.

NOTICE OF APPLICATION FOR INJUNCTION.
Section 494 of the Code of Civil Procedure.
IN THE COURT of

day of

A. B. of

against C. D. of

AT

afore

to

TAKE notice that I, A. B., intend to apply at the sitting of the Court at said, on the for an injunction to restrain C. D. from further prosecuting a suit which he has commenced against me in recover damages for the breach of the contract for the specific performance of which this suit was commenced [or to restrain him from receiving and giving discharges for any of the debts due to the partnership in the matter of the partnership between us for the winding-up of which the suit was commenced, or from digging turf from the land which was agreed to be sold by him to me by the agreement, the specific performance of which this suit is commenced to enforce, or, as the case may be].

Dated this day of

To C. D.

18

A. B.

[N.B.-Where the injunction is to be applied for against a party whose name and address do not appear upon any proceeding already filed in the suit, such name and address must be stated in full to enable the proper officer to serve the notice.]

WHEREAS

passed in the above suit on the

of

C. D. of

18

has been attached in execution of a decree day of , in favour : you are hereby (subject to your giving security to the satisfaction of

the Registrar) appointed Receiver of the said property under section 503 of the Code of Civil Procedure, with full powers under the provisions of that section.

You are required to render a due and proper account of your receipts and disbursements in respect of the said property on You will be entitled to remuneration at the rate of per cent. upon your receipts under the authority of this appointment.

GIVEN under my hand and the seal of the Court, this

day of

18 .

KNOW all men by these presents, that we, I. J. of &c., and K. L. of &c., and M. N. of &c., are jointly and severally bound to G. H., Registrar of the Court of in 'Rs. to be paid to the said G. H. or his attorney, executors, administrators or assigns. For which payment to be made we bind ourselves, and each of us, in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.

And whereas a plaint has been filed in this Court by A. B. against C. D. for the purpose of [here insert object of suit].

And whereas the said I. J. has been appointed, by order of the above-mentioned Court, to receive the rents and profits of the immoveable property, and to get in the outstanding moveable property of O. P., the testator in the said plaint named.

Now the condition of this obligation is such, that if the above-bounden I. J. shall duly account for all and every the sum and sums of money which he shall so receive on account of the rents and profits of the immoveable property, and in respect of the moveable property of the said O. P. [or, as may be] at such periods as the said Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court hath directed or shall hereafter direct, then this obligation shall be void, otherwise it shall remain in full force.

1. J.

K. L.

M. N.

Signed and delivered by the above-bounden in the presence of

NOTE.—If deposit of money be made, the memorandum thereof should follow the terms of the condition of the bond.

To

No. 170.

ORDER OF REFERENCE TO ARBITRATION UNDER AGREEMENT OF PARTIES.

Section 508 of the Code of Civil Procedure.

(Title.)

WHEREAS the above-mentioned plaintiff and defendant have agreed to refer the matters in difference between them in the above suit to your arbitration and award, you are hereby appointed accordingly to determine all the said matters in difference between the parties, and with power, by consent of the parties, to determine which party shall pay the costs of this reference.

the

You are required to deliver your award in writing to this Court on or before day of 18 or such other day as this Court may further fix.

,

Process to compel the attendance before you of any witnesses, or for the production of any documents which you may desire to examine or inspect, will be issued by this Court on your application, and you are empowered to administer to such witnesses path or affirmation.

of

No. 171.

ORDER OF REFERENCE TO ARBITRATION BY COURT, WITH CONSENT.

Section 508 of the Code of Civil Procedure.

(Title.)

UPON reading a petition of the plaintiff, filed this day, and on the consent for the defendant, and upon hearing for the plaintiff and for the defendant, it is ordered, by and with the consent of all the parties, that all matters in difference in this suit, including all dealings and transactions between all parties, be referred to the final determination of who is to make his award in writing and submit the same to this Court, together with all proceedings, depositions and exhibits in this suit, within one month from the date hereof. And it is ordered farther, by and with the like consent, that the said arbitrator is to be at liberty to examine the parties and their witnesses upon oath or affirmation, which he is empowered to administer, and that the said arbitrator shall have all such powers or authorities as are vested in arbitrator under the Code of Civil Procedure, including therein power to call for all books of account that he may consider necessary. And it is further ordered, by and with the like consent, that the costs of this suit, together with the costs of reference to arbitration, up to and including the award of the said arbitrator, and the enforcement thereof, do abide the result of the finding of the said arbitrator. And it is further ordered, by and with the like consent, that the said arbitrator be at liberty to appoint a competent

accountant to assist him in the investigation of the several matters referred to him as aforesaid, and that the remuneration of such accountant and other charges attending thereto be in the discretion of the said arbitrator.

[Here enter the defendant's name, description and address.]

WHEREAS [here enter the plaintiff's name, description and address] has instituted a suit in this Court against you under Chapter XXXIX. of the Code of Civil Procedure for Rs. principal and interest [or Rs. balance of principa land interest] due to him as the payee [or endorsee] of a bill of exchange [or hundí or promissory note], of which a copy is hereto annexed, you are hereby summoned to obtain leave from the Court within ten days from the service hereof, inclusive of the day of such service, to appear and defend the suit, and within such time to cause an appearance to be entered for you. In default whereof the plaintiff will be entitled at any time after the expiration of such ten days to obtain a decree for any sum not exceeding the sum of Rs. [here state the sum claimed] and the sum of Rs. for costs.

Leave to appear may be obtained on an application to the Court supported by affidavit or declaration showing that there is a defence to the suit on the merits, or that it is reasonable that you should be allowed to appear in the suit.

[Here copy the bill of exchange, hundí ar promissory note, and all endorsements upon it.]

No. 173.

MEMORANDUM OF APPEAL.

Section 511 of the Code of Civil Procedure.

MEMORANDUM OF APPEAL.

(Name, &c., as in Register.) Plaintiff-Appellant.

(Name, &c., as in Register.) Defendant-Respondent.

[Name of Appellant] [plaintiff or defendant] above-named appeals to the High Court at [or District Court at

in

as the case may be] against the decree of

day of

the above suit dated the
[here state the grounds of objection].

NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL.

Section 553 of the Code of Civil Procedure.

If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorized to act for you in this appeal, it will be heard and decided ex parte in your absence.

GIVEN under my hand and the seal of the Court, this

day of

18 .

L. S.

Judge.

[NOTE.-If a stay of execution has been ordered, intimation should be given of the fact on this notice.