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.
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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