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debtor discharged to be re-taken in execution of—, 241; order of Court
passing, or of Appellate Court to be binding upon Court applied to
for execution, 242; Court may stay execution of—, pending decision of
suit between decree-holder and judgment-debtor, 243; questions for
determination by Court executing-, 244; procedure on receipt of appli-
cation for execution of-, 245; procedure on admission of application for
execution of, 245; cross-decrees. Procedure on production of—, to
Court for execution, 246-247; Court to issue notice to party against whom
execution is applied for to show cause why-, should not be executed, 248;
procedure after issue of notice, 249; warrant for execution of—, when to
issue, 250; execution of—, against representative of deceased person, 252 ;
execution of, against surety, 253; for money may be enforced by
imprisonment of judgment-debtor or by attachment and sale of his pro-
perty, 254; for mesne profits or other matter, amount of which to be
subsequently determined. Execution of—, 255; for money not exceeding
Rs. 1,000. Court may order immediate execution of—, 256; modes of
payment of money under—, 257; adjustment of—, to be made through
the Court, 258; for specific moveables or recovery of wives. Enforce-
ment of—, 259; execution of—, for specific performance of a contract or
for restitution of conjugal rights, 260; procedure if—, be for execution of
conveyances or endorsement of negotiable instruments, 261-262; proce-
dure if―, be for delivery of any immoveable property, 263-264; procedure
if―, be for partition or separation of share of an undivided estate paying
revenue to Government, 265; what property liable to attachment and
sale in execution of—, 266; for money or other decrees. Attachment of—,
273; withdrawal of attachment after satisfaction of—, 275 ; Local Govern-
ment with sanction of Governor-General in Council may transfer to
Collector execution of-, ordering sale of immoveable property, 320;
powers of Collector as to execution of—, so transferred, 321-324; for
money. Local Government, with sanction of Governor-General in
Council may make special rules for any local area as to sale, of land in
execution of, 327; rules to be published in local official Gazette, 327;
procedure in case of obstruction to execution of—, 328-331,334-335; pro-
cedure in case of any person other than defendant dispossessed of pro-
perty in execution of-, disputing right of decree-holder to be put in
possession, 332-333; a judgment-debtor discharged from jail cannot be
re-arrested under decree in execution of which he was imprisoned, 341;
procedure when, is against Government or a Public Officer, 429; against
. property of Sovereign Princes or Ambassadors not to be executed without
consent of Government, 433; of Courts of Native States. Execution of—,
in British India, 434; procedure when application is made for enforce-
ment of—, against heir or representative who is a minor, 460; staying
and executing, under appeal, 545-547; procedure in appeal from-,
548-587; no-, of Lower Court to be reversed, &c., for irregularity, 578;
contents of, of Appellate Court, 579; Judge dissenting from judgment
need not sign-, 579; certified copies of—, and judgment to be furnished
to parties on application and at their expense, 580; certified copy of—, to
be sent to Court whose decree is appealed against, 581; execution of—,
of Appellate Court, 583; no appeal from order passed before-, 591;
definition of, 594; forms of-, Sch. IV.

Document on which plaintiff sues and which is in his possession to be pro-
duced in Court when plaint is presented, 59-62; delivery of original-,
or copy of it to be filed with plaint, 59-62; plaintiff to furnish list to be
annexed to plaint when he relies on-, not in his possession, 59-62;
plaintiff to state in whose possession-, is, 60; inadmissibility of, not
produced at filing of plaint, 63; summons to produce-, 70; power to
demand admission of genuineness of―, material to suit, 128; admission
how to be made, 128; when costs of proving such-, to be allowed, 128;
Court may direct any party to suit pending before it to declare by affida-
vit all—, which are or have been in his possession or power relating to
any matter in question in suit, 129; affidavit in answer to specify which,
if any of―, declarant objects to produce with grounds of his objection,
129; Court may order production of, at any time during pendency of
suit, 130; referred to in plaint, written statement or affidavit. Notice to
be given by any party to suit through Court for production of, for
inspection, 131; consequence of non-compliance with such notice, 131;
notice to be given through Court when and where inspection may be had,
132; when Court may order inspection of-, 133; application for inspec-
tion of, to be founded on affidavit, 134; Court may order issue or
question on which right to discovery or inspection of-, depends to be
first determined, 135; consequences of failure to comply with orders for
discovery or inspection of—, 136; party failing to comply with orders for
discovery or inspection of--, to be deemed guilty of offence under Section
188 of Indian Penal Code, 136; Court may on application send for any---,
from its own records or from any other Court for inspection, 137; appli-
cation how to be made, 137; documentary evidence to be produced at first
hearing of suit, 138; effect of non-production of-, 139; produced by
parties at first hearing to be received by Court accompanied with accurate
list prepared in form prescribed by High Court, 140; at any stage of suit
Court may reject irrelevant or inadmissible-, 140; no-, to be placed on
record unless proved, 141; proved―, to be marked and filed, 141; proce-
dure when, is an entry in a shop-book or other book, 141; not proved
or admitted to be returned to parties producing it, 141; proved or admit-
ted and relied on as evidence but which Court considers inadmissible to
be endorsed "rejected" under signature of Judge and returned to party
producing it, 142; Court may direct any, or,book produced before it to
be impounded, 143; admitted in evidence when to be returned to party
producing it, 144; not to be returned in certain cases, 144; on return
of-, receipt to be given by party receiving it, 144; provisions relating
to-, to apply to all other material objects producible as evidence, 145;
application for summons to witnesses to produce, or to give evidence
when to be made, 159-164; Court empowered to require any person
present in Court to produce immediately any-, in his possession or
power, or to give evidence, 165; Court may at any stage of suit, summon
any person other than party to suit to produce a―, or give evidence, 171;
whoever summoned to produce a-, must attend personally to produce it
or cause it to be produced, 172; when witness producing a-, may depart,
173; consequence of failure of a witness to produce after service of sum-
mons or of departure from Court without permission, 174-175; conse-
quence of refusal of a witness apprehended and brought before Court to

produce a—, 174; consequence of refusal of party to suit to give evidence
or produce any-, 177; procedure when property sold is a share in any
Public Company, 301-302.

Deposit by purchaser in case of sale of immovable property, 306; by defend-
ant in Court of such sum of money in full satisfaction of claim, 376;
notice of such, to be given to plaintiff, 377; form of notice, Sch. IV;
no interest on sum deposited allowed to plaintiff after receipt of notice,
378; procedure when plaintiff accepts-, as satisfaction in full or in part
of claim, 379; when subject-matter of suit is money, Court may order
same to be deposited in Court, 502; appellant to—, requisite amount on
grant of certificate to appeal to Her Majesty in Council, 602; when
balance of, to be refunded to appellant, 607.

Evidence, see-Witness.

Examination, Court to ascertain from each party or his pleader at first hear-
ing of suit whether allegations of fact made in plaint or written statement
are admitted or denied, 117; Court may orally examine any party appear-
ing in person or present in Court, 118; substance of-, to be reduced to
writing by Judge and to form part of record, 119; consequence of refusal
or inability to answer any material question relating to suit, 120.
Execution of Decrees, see-Decrees.

Executors or Administrators. Suits by and against-, 437-439; or Adminis-
trators. When there are several—, all to be made parties to suit against
one or more of them, 438; husband of married Executrix or Administra-
trix not to be party to suit by or against her unless Court direct, 439.
Fine. Court may impose-, not exceeding Rs. 500 on an absconding witness
failing to appear or appearing fails to satisfy Court with cause of his non-
appearance in time, 170; not exceeding Rs. 500 may be imposed on a
witness who fails to appear as witness or departs without leave of Court, 174.
Foreign State, when-, may sue in Courts of British India, 431.

Forms of plaints, decrees, &c., 644, Sch. IV.

Guardian ad litem; appointment of―, by Court, 443, 456, 459; is not guardian
of person or property within meaning of Indian Majority Act, 443; who
may be appointed—, 457; removal of—, 458; or next friend not to receive
money on behalf of minor at any time before decree without leave of Court
or giving security, 416; or next friend not to compromise suit on behalf
of minor without leave of Court, 462.

High Court, appeals to-, from appellate decrees, 585-587; empowered to
frame forms and to make rules consistent with Act, 612, 639; legalization
of rules made and published by any-, relating to appeal to Her Majesty
in Council and in force before passing of Act, 613; expression-, to include
also Recorder of Rangoon, but not to empower him to make rules binding
on Courts other than his own Court, 614; in what cases reference to—, to
be made, 617; Court may pass orders or decree contingent upon opinion
of—, 618; judgment of, to be transmitted to Court by which reference
was made and case to be disposed of accordingly, 619; empowered to alter
or cancel any decree of Court making reference, 621; when-, empowered

to call for record of any case in which no appeal lies to it, 622; provisions
of Code applicable to-, which are or may hereafter be established, 631-
632; to record judgments according to its own rules, 633; empowered to
order execution of decree before ascertainment of costs, and execution for
costs subsequently, 634; Attorneys not to address Court except when
authorized, 635; what process of-, may be served by Attorneys in suit,
636; non-judicial and quasi-judicial acts may, be done by Registrar of
the Court, 637; what portions of Code not applicable to—, in original
civil jurisdiction, 638; code not to affect-, in exercise of its insolvent
jurisdiction, 638.

Hundis, see-Negotiable instruments.

Immoveable property, see-Property.

Imprisonment, decree for money may be enforced by-, of judgment-debtor,
254; execution of decrees for specific moveables or for specific perform-
ance of a contract or restitution of conjugal rights by-, 259-260; judg-
ment-debtor's place of-, 336; subsistence money of judgment-debtors in
jail, 338-339; subsistence money to be added to amount of decree, 340;
release of judgment-debtor from-, 341; a judgment-debtor discharged
from jail cannot be re-arrested under decree in execution of which he was
imprisoned, 341; not to exceed six months, 342; when not to exceed six
weeks, 342; see-Arrest.

Injunction to stay waste, &c., 492, Sch. IV; to restrain breach of contract,
493; Court to direct notice to be given to opposite party before granting—,
494, Sch. IV; directed to a Corporation or Company binding on its
members and officers, 495; may be discharged, varied or set aside, 496;
compensation to defendant for issue of―, on insufficient grounds, 497.
Insolvency, see-Bankruptcy-Insolvent Judgment-debtor.

Insolvent Judgment-debtor, Local Government may direct by notification
published in official Gazette that whenever a judgment-debtor is arrested
in execution of decree for money and brought before the Court, the Court
to inform him that he may apply to be declared an insolvent and that he
will be discharged if he places his property in possession of a Receiver
appointed by the Court, 336; application to be made by any person
arrested or imprisoned in execution of a decree for money to be declared
an insolvent, 344; application to be made to District Court which ordered
his arrest or imprisonment, 344; contents of such application, 345; appli-
cation to be subscribed and verified, 346; copy of application with notice
in writing of time and place at which it will be heard to be served on
decree-holder, or on pleader of such decree-holder and on any other
creditors named in application or on those who allege to be creditors of
the applicant, 347; procedure at hearing of applicant, 350-359; applicant
to be declared insolvent if Court be satisfied with his statements, 351;
creditors to prove their debts and Court to frame schedule of such persons
and debts, 352; application when to be made to Court by any creditor of
the insolvent who is not mentioned in such schedule for order to insert
his name in or to alter amount, nature or particulars of his debts, 353;
discharge of, 355; effect of discharge of—, 357; when Court may declare
absolution of—, from further liability, 358; code not to affect High Court
in exercise of its insolvent jurisdiction, 368.

Interest, payment of―, may be ordered in decree for money, 209; Court may
give, on costs, 221; Court may direct payment of costs with or with-
out, out of subject-matter of suit, 222; on sum deposited in Court by
defendant not allowed to plaintiff after receipt of notice of deposit, 378.
Interlocutory Orders, power of Court to order interim sale of perishable
articles, 498; power of Court to detain, preserve or inspect any property
which is subject-matter of suit and to authorize entry into any land or
building and to take samples or try experiments, 499; application for-,
to be made after service of notice, 500; when party may be put in imme-
diate possession of land paying revenue to Government, the subject of
suit, 501; when subject-matter of suit is money, Court may order same to
be deposited in Court, 502.

Interpleader Suits, 470-474.

Interrogatories, for examination of opposite party. When Court may permit
delivery of, 121, Sch. IV; service of, 122-124; when enquiry to be
instituted into propriety of delivering-, 123; power to strike out—, as
irrelevant, 125; time and mode of answering-, 126; procedure where a
party refuses or omits to answer-, or answers insufficiently, 127; conse-
quence of failure to answer-, 136; party failing to answer-, to be deemed
guilty of offence under Sec. 188 of Indian Penal Code, 186.

Issues, framing of, 146; allegations from which-, may be framed, 147;
before framing-, Court may examine witnesses or documents, 148; Court
may at any time before passing decree amend, add and strike out—, 149;
questions of law or fact may by agreement be stated in form of—, 150;
Court, if satisfied, may pronounce judgment according to terms of agree-
ment, 151; decree to follow judgment so given and to be executed in same
way as if judgment had been pronounced in a contested suit, 151; Court
may dispose of suit at first hearing when parties are not at issue on any
question of law or fact or when after framing of—, Court is satisfied that
no further argument or evidence is necessary, 152-154; when Appellate
Court may frame-, for trial by Lower Court, 566.

Judgment, foreign. Production of-, duly authenticated presumptive evidence
that Court which made it had competent jurisdiction. Expn. VI, 13;
foreign. When no-, shall operate as a bar to a suit in British India, 14;
Court, if satisfied that parties to a suit are agreed as to questions of law
or fact to be decided between them, may pronounce, according to terms
of the agreement, 151; decree to follow, so given and to be executed in
same way as if judgment had been pronounced in a contested suit, 151;
Court may pronounce, at first hearing of suit, 152; procedure when
Court cannot pronounce, at first hearing, 155; when pronounced, 198;
a Judge may pronounce-, written by his predecessor, 199; language
of-, 200; when to be translated, 201; to be dated and signed at time of
pronouncing it, 202; of Court of Small Causes what to contain, 203;
contents of, of all other Courts, 203; Court to state its decision upon
each separate issue in suits in which issues have been framed. Exception,
204; certified copies of-, to be furnished, 217; to direct by whom costs
are to be paid, 219; arrest of defendant before-, 477-482; attachment of
property of defendant before-, 483-490; forms of prohibitory orders in

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