Day to be fixed by Court for-, 69; of parties on day fixed in summons,
96; if neither party appear, suit to be dismissed, 98; procedure when
plaintiff appears and defendant does not, 100; procedure when defendant
appears on day of adjourned hearing of suit ex parte and assigns good
cause for previous non-appearance, 101; procedure when defendant appears
and plaintiff does not, 102; procedure when defendant residing out of
British India does not appear at hearing of suit, 104; Court may permit
suit to be proceeded with if one or more of several plaintiffs or defendants
do not appear, 105-106; consequence of non-appearance of plaintiff or
defendant ordered to appear in person, 107; when Public Officers exempted
from personal—, in suits against them,
428;
certain women and persons
of rank exempted from personal-, 640-641.
Arbitration, reference to-, 506; nomination of arbitrator by parties, 507;
when Court to nominate arbitrator, 507; order of reference, 508; to pro-
vide for difference of opinion, 509; case of death or incapacity, &c., of
arbitrator or umpire, 510; appointment of umpire by Court, 511; powers
of arbitrators or umpire, 512-513; extension of time for making award,
514; when umpire may arbitrate for arbitrators, 515; award to be signed
and filed, 516; arbitrators or umpire may state special case, 517; in what
cases Court may modify or correct award and make order respecting costs
of—, 518-519; in what cases Court may remit award for re-consideration,
520; grounds for setting aside award, 521; judgment to be according to
award, 522; agreement of parties to refer to-, may be filed in Court, 523;
award of—, without intervention of Court to be filed in Court, 525;
enforcement of such award, 526.

Arrest, judgment-debtor may be arrested in execution of decree at any hour
before sun-set and after sun-rise and on any day, 336; when judgment-
debtor may be released from-, 336; Local Government may publish in
Official Gazette notification directing judgment-debtor when arrested and
brought before the Court to be informed to apply to be declared an
insolvent and to be discharged if he places his property in possession of a
receiver appointed by the Court, 336; warrant for-, to direct judgment-
debtor to be brought up before the Court, 337; subsistence allowance of
judgment-debtor arrested, 338-339; subsistence allowance to be added to
decree, 340; a judgment-debtor discharged from jail cannot be re-arrested
under decree in execution of which he was imprisoned, 341; power of
Court as to applicant under-, 349: no warrant of-, to be issued in suit
against Government without consent in writing of District Judge, 425;
Sovereign Princes exempt from-, 433; procedure when plaintiff applies
for-, of defendant in any suit other than a suit for possession of immove-
able property before judgment, 477,482; compensation for-, on insufficient
grounds, 491; what persons exempted from-, 642; procedure when
person to be arrested resides outside jurisdiction of Court issuing warrant,
648; provisions of Chapter XIX applicable to all civil process for—, sale
of property or payment of money, 649; see-Imprisonment.
Attachment of property of witness absconding or keeping out of the way to

avoid service of summons, 168; of immoveable property. No Small Cause
Court to make order for-, 168; of property to be withdrawn if witness
appears, 169; property attached to be sold if witness fail to appear or
appearing fail to satisfy Court with cause of non-appearance in time, 170;

decree against legal representative of deceased for money to be paid out
of deceased's property to be executed by-, and sale of such property or
property of judgment-debtor, 252; decree for money may be executed
by-, of property of judgment-debtor, 254; decrees for specific moveables
or specific performance of a contract or restitution of conjugal rights may
be enforced by, of property of judgment-debtor, 259-260; what property
liable to-, and sale in execution of decree, 266; power of Court to summon
and examine persons as to property liable to-, 267; of debt, share in
capital of any public company or corporation and other property not in
possession of judgment-debtor, 268; of moveable property in possession of
defendant, 269; Local Government to frame rules for maintenance and
custody of live stock and other property while under—, 269; of negotiable
instruments property in house or zenana, or property deposited in Court
or with Government Officer, or decree for money or other decrees, 270-273;
of immoveable property, 274; withdrawal of—, after satisfaction of decree,
275; private alienation of property after, to be void, 276; investigation
of claims and objections to-, of attached property, 278-279; property to
be released from-, if Court be satisfied with reasons of claimant or
objector, 280; claim to release of property to be disallowed if Court be not
satisfied with reasons, 281; to continue if property is subject to mortgage
or lien in favor of some other person not in possession, 282; suit may be
instituted by party against whom order under Sections 280, 281 or 282 is
passed to establish right to attached property, 283; Court empowered to
sell property attached and pay proceeds to person entitled, 284; procedure
where property not in possession of any Court has been attached in execu-
tion of decrees of more Courts than one, 285; property of Sovereign
Princes, or Ambassadors not to be attached without consent of Govern-
ment, 433; application for-, of property of defendant before judgment,
483; enforcement of-, 485; removal of—, on security being furnished,
485-488; investigation of claims to property attached before judgment,
487; not to affect rights of persons not parties or bar execution of decree,
489; property attached under Chapter XXXV not necessary to be re-at-
tached in execution of decree, 490; compensation for-, on insufficient
grounds, 491; procedure when person to be arrested or property to be
attached is outside district within which Court issuing order is situate,
648.

Attorneys not to address Court unless authorized, 635; what process of High
Court may be served by-, in suit, 636.

Award, see-Arbitration.

Bankruptcy or insolvency of plaintiff. When-, bars suit, 370.

Benámi, bar to suit against purchaser buying-, 317.

Bengal Regulation III of 1828, construction of rules referred to in Section

IV, clause 5 of—, 615.

Bills of Exchange, see-Negotiable instruments.

Cantonment, Military-, enforcement of process in-, 469.

Cause of Action, suit to include whole-, 43; abandonment of part of claim
to bring suit within jurisdiction of any Court, 43; omission to sue for, or
relinquishment of any portion of claim to bar plaintiff to file suit for
portion so omitted or relinquished, 43; a plaintiff entitled to several
remedies in respect of same claim may sue for all or any of them; omission
to sue except with permission of Court previously obtained, for any of
such remedies to bar subsequent suit for remedy so omitted, 43; what—,
to be joined with suit for recovery of immoveable property, 44; several—,
may be joined in same suit: Court may direct separate trial of them or
exclude them and order amendment of plaint, 45-47; plaint to show
grounds of exemption claimed from limitation law if—, arose beyond
period allowed by law to institute suit, 50; suit not to abate by death of
plaintiff or defendant of, survives, 361; proceeding in case of death of one
of several plaintiffs or defendants if—, survive, 362; proceeding in case
of death of one of several plaintiffs where-, survives to survivors and
representatives of deceased, 363; suits to be instituted where-, arose, 17.
Certificate to judgment-debtor. Court to grant, if satisfied that amount
of decree may be raised by mortgage, lease or private sale of his land and
direct postponement of sale, 305; to be granted to actual purchasers of
immoveable property, 316-317; application to be made to Court whose
decree is complained of for grant of, to appeal to Her Majesty in
Council, 598-601.

Certified copies, when-, of judgment and decree to be furnished, 217.

Civil Suits, Courts to try all-, unless specially barred, 11.

Claim, suit to include the whole-, 43; relinquishment of part of—, 43: what
-s, to be joined with suit for recovery of land, 44; -s, by or against
executor, administrator or heir, 44.

Code, date of commencement of, and its extent, 1; definitions of terms used
in-, 2; Statutes and Regulations and Acts repealed by-, 3, Sch. I;
what chapters and sections in-, apply to Mofussil Small Cause Courts,
5, Sch. II; not applicable to Presidency Small Cause Courts, except
certain sections, 8; Local Government may extend-, or any part of it to
such Court by notification in official Gazette, 8; division of—, 9; what
sections of, not applicable to High Court in original civil jurisdiction,
638; not to affect High Court in exercise of its jurisdiction as an
Insolvent Court, 638.

Coin, see-Money.

Commission, cases in which Court may issue-, to examine parties resident
within local limits of its jurisdiction, 383; order for-, may be made by
Court of its own accord or on application of parties, 384; may be issued
to any person whom Court thinks fit to execute it when witness resides
within local limits of its jurisdiction, 385; to whom-, to be issued when
witness resides beyond Court's jurisdiction, but in British India, 386;
when-, to be issued to Court of Small Causes, 386; issue of—, for
examination of any person not residing within British India, 387; Court
receiving-, for examination of any person shall examine him accordingly,

388; when executed to be returned to Court issuing it with depositions of
witnesses, 389; when depositions may be read in evidence, 390; issued by
foreign Courts. Provisions as to execution and return of commissions
applicable to-, 391; Court may issue-, to any person as it thinks fit to
make local investigation and to report, 392; report of-, and depositions
to be evidence in suit, 393; Commissioner may be examined in person,
393; to examine and adjust accounts, 394-395; to make partition of
immoveable property not paying revenue to Government, 396; expenses
of, to be paid into Court, 397; powers of Commissioner, 398-400; who
to pay costs of examining by-, if any person exempted from personal
appearance claims the privilege, 641.

Company, sale of shares in public-, or corporation attached in execution of
decree, 296; procedure when property sold is a share in any public-,
301-302; suits by and against a—, or corporation, 435-436; service of
summons on-, 436.

Compensation for wrong done to person or moveable property. Where suit
for-, to be instituted, 18; for wrong done to immoveable property situate
within limits of single district but within jurisdiction of different Courts.
Suit for, where to be instituted, 19; for arrest or attachment on insuf-
ficient grounds, 491; to defendant for issue of injunction on insufficient
grounds, 497.

Compromise of suits, 375.

Contract, execution of decree for specific performance of a-, 260; injunction
to restrain breach of, 493.

Conveyance, see-Document.

Corporation, see-Company.

Costs of serving process, 93-95; Court may give―, to either party when dis-
posing of any application under the Code, 218; judgment to direct by
whom, are to be paid, 219; power of Court to give and apportion—,
220; Court may direct-, payable by one party to another to be set-off
against sum admitted or found to be due from former to latter, 221;
such direction not to affect pleader's lien upon the amount decreed in
regard to, payable to him, 221; Court may give interest on-, 222;
Court may direct payment of—, with or without interest out of subject-
matter of suit, 222; when security for-, may be required from plaintiff,
380; procedure when requisition is not complied, 381; what are, in
pauper suits, 415; of plaintiff in interpleader suit, 475; of arbitration,
519; Appellate Court may require appellant to give security for, 549;
High Court empowered to order execution of decree before amount of—,
can be ascertained by taxation and execution of costs subsequently, 634;
who to pay, of examining by commission if any person exempted from
personal appearance claims the privilege, 641.

Court Fee not to be chargeable on plaint when Court stays proceedings and
plaintiff re-institutes his suit in another Court, 21; recovery of, when
pauper plaintiff succeeds in suit, 411; procedure when pauper fails in
suit, 412.

Courts, jurisdiction or procedure of what-, saved, 6; what-, deemed sub-
ordinate to District Court, 25; District. Power of-, to transfer of suits,
25; investment of other-, with powers conferred on District Courts by
Sections 344 to 359, 360; a District Judge may transfer cases to any
Court so invested, 360.

Currency Notes liable to attachment in execution of decree, 266; attached
may be paid to party entitled, 277.

Custody, penalty for escaping from lawful-, 651.

Death of plaintiff or defendant not to abate suit if cause of action survive,
361;
of one of several plaintiffs or defendants. Proceeding in case of—,
if cause of action survive, 362; of one of several plaintiffs where cause of
action survives to survivors and representatives of deceased. Proceeding
in case of—, 363; proceeding when no application is made by represent-
ative of deceased plaintiff, 364; of sole or sole surviving plaintiff. Pro-
ceeding in case of—, 365; suit to abate when no application by represent-
ative of deceased plaintiff is made, 366; procedure in case of dispute as to
representative of deceased plaintiff, 367; procedure in case of—, of one
of several defendants or of sole or sole surviving defendant, 368.

Decree, ex parte. In what case Court may pass-, 100; against plaintiff by
default bars fresh suit, 103; ex parte against defendant. When Court
may set aside-, 108; no—, to be set aside without service of notice to
opposite party, 109; to follow judgment pronounced in case where parties
to a suit are agreed as to questions of law or fact to be decided between
them, 151; to bear date the day on which judgment was pronounced, 205,
to agree with judgment-its contents, 206; power of Court to amend—,
206; for recovery of portion of immoveable property to specify boundaries
or number of such portion, 207; for delivery of moveable property to
state amount of money to be paid as an alternative if delivery cannot be
made, 208; in—, for money, payment of interest may be ordered, 209;
in-, for money, Court may order amount to be paid by instalments with
or without interest, 210; in suit for land or other property yielding rent,
Court may decree payment of mesne profits until delivery of possession
with interest, 211; if amount of mesne profit be disputed Court may
determine amount before-, or may reserve inquiry, 212; procedure in
regard to administration-suit before making decree, 213; in regard to
suit to enforce right of pre-emption, 214; in suit for dissolution of pårt-
nership, Court may pass order fixing day on which partnership shall be
dissolved before making-, 215; to state amount due to plaintiff or
defendant if set-off be allowed, 216; effect of—, in regard to any sum
awarded to defendant, 216; certified copies of-, to be furnished, 217;
Court by which-, may be executed, 223; procedure when Court desires
execution of its own—, in another Court, 224-228; of any Court estab-
lished by Government of India in Native States may execute within
jurisdiction of any Court in British India, 229; application for execution
of-, 230-238; when Court may stay execution of-, 239; power of Court
to require security from, or impose conditions upon, judgment-debtor
before passing order to stay execution of-, 240; liability of judgment-