cases of attachment before-, Sch. IV; in case of arbitration, 322; of
Appellate Court, 571-577; who may apply for review of-, 623; to whom
application for review of-, to be made, 624; form of application for
review, 625, Sch. IV; procedure on application for review, 626-630.
Jurisdiction or procedure of what Courts, &c., saved, 6; of Civil Courts. All
persons amenable to-, 10.
Language, in what-, judgment to be written, 200; when judgment to be
translated, 201; of Appellate Court, 572; when judgment of Appellate
Court to be translated, 573; of subordinate Courts, 645.
Lawful excuse, what deemed a—, 174.
Limitation Law, plaint to show grounds of exemption claimed from-, if
cause of action arose beyond period allowed by law for institution of suit,
50; not affected by first suit when plaintiff has been allowed to withdraw
suit with liberty to bring fresh suit, 374.
Live-stock, attachment of-, 269.
Marriage of female plaintiff or defendant not to abate suit, 269.
Mesne profit, claim for-, may be joined with suit for recovery of land, 44;
in suits for-, plaint to state approximately amount sued for, 50; with
interest. Court may decree payment of—, in suits for land, 211; of land
explained, 211; if amount of—, be disputed, Court may determine amount
before decree or reserve inquiry, 212; decree for-, or other matter,
amount of which to be subsequently determined. Execution of—, 255.
Military Men, suits by and against-, 465-469.
Minors, institution of suit by-, to be by an adult person to be called next
friend of minor, 440; who may be next friend of—, 445; when application
to be made to Court for removal of next friend, 446; next friend not to
retire at his request without putting a fit person in his place and giving
security for costs already incurred, 447; course to be followed by minor
plaintiff on coming of age, 450-454; may apply on attaining majority to
have suit dismissed if instituted in his name improperly and without
reason, 455; next friend not to receive money at any time before decree
without leave of Court and giving security, 461; next friend not to com-
promise suit without leave of Court, 462.
Money, in suits for recovery of-, plaint to state precise amount sued for, 50;
decree for, may be enforced by imprisonment of judgment-debtor or by
attachment and sale of his property, 252-254; decree for-, not exceeding
Rs. 1000. Court may order immediate execution of, 256; modes of
payment of, under decree, 257; attachment of decree for-, 273; coin
or currency notes attached may be paid to party entitled, 277; Local
Government with sanction of Governor-General in Council, may make
special rules for any local area in respect of sales of land in execution of
decrees for-, 327; when subject-matter of suit is-, Court may order
same to be deposited in Court, 502; plaint for-, lent, &c., Sch. IV.
Moonsiffs, village-, jurisdiction of—, saved, 6.
Native State, execution of decrees of Courts of-, in British India, 434.
Negotiable Instruments, lost Bill of Exchange or other-, procedure in suits
founded on-, 61; execution of decree for endorsements of—, 261-262;
attachment of-, 270; sale of-, attached in execution of decree, 296;
delivery to purchaser of, belonging to defendant of which actual seizure
has been made, 299; procedure when property sold is a debt not secured
by-, 301-302; suits upon Bills of Exchange, Hundis and Promissory
Notes to be instituted by presenting plaint in prescribed form, 532; Court
may grant leave to defendant to appear and defend suit upon application
and may even set aside decree, 533-534; Court may direct Bill or Hundi
or Note to be deposited with Officer of Court, 535; recovery of cost of
noting non-acceptance of dishonored bill or note, 536; what Courts to
exercise powers conferred by Chapter XXXIX, 538.
Non-judicial acts may be done by Registrar, 637; High Court to declare from
time to time what shall be deemed-, 637.
Oath by whom to be administered in case of affidavits, 197.
Offences, procedure in case of certain-, 64.
Parties, who may be joined as-, to the suit, 26-28; joinder of—, liable on
same contract, 29.
Partnership, suit for dissolution of—, 215.
Pauper, when a person a—, explained, 401; suit not to fail by reason of mis-
joinder of, 31.
Pauper Suit, see-Suit.
Penalty for escaping from lawful custody, 651.
Pending Suits, Courts not to try, 12.
Perishable articles, see-Property.
Persons of unsound mind, suits by and against-, 440-463.
Plaint when to be amended, 33, 47, 53; all suits to commence by—, 48;
language of, 49; particulars to be given in-, 50; to show grounds of
exemption claimed from limitation law if cause of action arose beyond
period allowed by law for institution of suit, 50; when-, may be rejected,
returned for amendment or amended, 53; amendment of—, to be attested
by signature of Judge, 53; when-, to be rejected, 54; procedure on
rejection of 55; when rejection of-, does not preclude presentation of
fresh plaint in respect of same cause of action, 56; when-, to be returned
to be presented to proper Court, 57; procedure on returning-, 57;
procedure on admission of-, 58; Court to ascertain from each party or
his pleader at first hearing of suit whether allegations of fact made in—,
or in written statement are admitted or denied, 117; in suit by Secretary
of State for India in Council, 418; who to verify-, in suit on behalf of a
Corporation or a Company, 435; filed by or on behalf of a minor without
a next friend to be taken off file, 442; forms of, Sch. IV.
Pleader, appointment of—, to be in writing and filed in Court, 39; service of
process on-, 40; consequence of refusal or inability of—, to answer any
material question relating to suit, 120.
Postage chargeable on any process issued under Code and forwarded by post
to be prepaid, 95.
Pre-emption, when purchase money to be paid into Court in a suit to enforce
right of―, 214.
Promissory Notes, see-Negotiable Instruments.
Property of witness absconding or keeping out of the way to avoid service of
summons, to be attached, 168; immoveable. No Small Cause Court to
make order for attachment of-, 169; attachment of, to be withdrawn
if witness appear, 169; attached to be sold if witness fails to appear or
appearing fail to satisfy Court with cause of non-appearance in time, 170;
immoveable. Decree for recovery of portion of—, to specify boundaries
or number of such portion, 207; moveable. Decree for delivery of—, to
state amount of money to be paid as an alternative if delivery cannot be
made, 208; in suit for land or other-, yielding rent, Court may decree
payment of mesne profits until delivery of possession with interest, 211;
specific moveable. Execution of decree for--, 259; immoveable. Proce-
dure if decree be for delivery of any--, 263-264; procedure if decree be
for partition or separation of share of an undivided estate paying revenue
to Government, 265; liable to attachment and sale in execution of decree,
266; liable to attachment. Power of Court to summon and examine—,
267; attachment of—, not in possession of judgment-debtor, 268; attach-
ment of moveable, in possession of defendant, 269; attachment of—, in
house or zenana or deposited in Court or with Government Officer,
271-272; attachment of immoveable-, to be made by order prohibiting
its transfer or purchase, 274; attachment of any-, to be withdrawn after
satisfaction of decree, 275; private alienation of—, after attachment to be
void, 276; Court may direct payment of coin or currency notes attached
to party entitled, 277; attached. Court to investigate claims and objec-
tions to attachment of-, 278-279; to be released from attachment if Court
be satisfied with reasons of claimant or objector, 280; release of—, attached
to be disallowed if Court is not satisfied with reasons, 281; attachment
of-, to be continued if property is subject to mortgage or lien in favor of
some person not in possession, 282; right to attached-, may be estab-
lished by party against whom order has been passed by filing suit, 283;
Court empowered to sell attached-, and pay proceeds to persons entitled,
284; procedure where, not in custody of any Court has been attached
in execution of decrees of more Courts than one, 285; mode of sale of—,
in execution of decree, 286; notification of time and place of sale of
attached-, 287-290; High Court to make rules for guidance of Courts
regarding sale of attached-, 287; Judges or other Public Officers not
answerable for any error, mis-statement or omission in any notification
unless made dishonestly, 288; sale of attached—, may be adjourned, 291;
sale to be stopped on tender of debt and costs or on proof of payment,
291; officers concerned in execution sales not to bid for or buy—, sold,
292; defaulting purchaser answerable for loss by resale of, 293; decree-
holder not to bid for or buy-, without permission, 294; proceeds of
execution sale of—, to be divided rateably among decree-holders, 295;
mortgagee or incumbrancer not entitled to share in any surplus arising
from sale of, subject to mortgage, 295; Court may with assent of
mortgagee or incumbrancer order-, liable to be sold in execution of
decree subject to mortgage, 295; moveable. Mode of payment on sale
of-, 297; moveable. Irregularity not to vitiate sale of, 298; any person
injured may institute suit for compensation, 298; delivery to purchaser.
of negotiable instruments or other moveable-, belonging to defendant of
which actual seizure has been made, 299; delivery to purchaser of move-
able, to which judgment-debtor is entitled subject to lien, 300; proce-
dure when-, sold is a debt not secured by a negotiable instrument or is
a share in any Public Company, 301; moveable-, not provided in Code.
Court may make order vesting such-, in purchaser or as he may direct,
303; sales of immoveable-, in execution of decree may be ordered by any
Court other than a Court of Small Causes, 304; Court may postpone sale
of immoveable-, if satisfied that judgment-debt can be satisfied by
mortgage or lease or private sale, 305; immoveable. Deposit by purchaser
in case of sale of—, 306; immoveable. Mode of payment on sale of—, 307 ;
procedure in default of payment of purchase money, 308-309; share of
undivided immoveable, sold in execution of a decree.-Co-sharer of a-,
to have preference in bidding, 310; when sale of land shall be set aside on
ground of irregularity, 311-313, 315; sale of immoveable, to be confirmed
by Court to make it absolute, 314; certificate to be granted to actual
purchaser of immoveable--, 316-317; delivery of immoveable-, to pur-
chaser, 318-319; Local Government, with sanction of Governor-General
in Council, may transfer to Collector execution of decrees, ordering sale
of immoveable-, 320; powers of Collector as to execution of decrees so
transferred, 321-324; sale of any-, so ordered to be reported by Collector
to Court, 325; when Court may authorize Collector to stay public sale
of land, 326; Local Government with sanction of Governor-General in
Council may make special rules for any local area as to sales of land in
execution of decrees for money, 327; rules to be published in local official
Gazette, 327; procedure in case of obstruction to execution of decree for
possession of, 328-331, 334-335; procedure in case of any person other
than defendant dispossessed of-, in execution of decree disputing right
of decree-holder to be put in possession, 332-333; immoveable-, not
paying revenue to Government. When Court may issue commission to
make partition of—, 396; of Sovereign Princes or Ambassadors. Decree
not to be executed against-, without consent of Government, 434; vested
in trustees, executors or administrators. Who to represent persons bene-
ficially interested in-, 437; attached under Chapter XXXV not necessary
to be re-attached in execution of decree, 490; power of Court to order
interim sale of perishable articles, 498; when party may be put in imme-
diate possession of land paying revenue to Government, the subject of
suit, 501; procedure when-, to be attached is outside district within
which Court making order is situate, 648.
Public charity, when suit relating to-, may be instituted, 539.
Receiver, appointment and liabilities of a-, 351, 503; effect of appointment
of a-, 354; to give security and collect assets, 355; duty of—, and his
504;
right to remuneration, 356; when Collector may be appointed a—,
what Courts to exercise powers conferred by Chapter XXXVI, 505.
Recorder of Rangoon, jurisdiction and procedure of-, sitting as an Insolvent
Court saved, 6; to be included in expression High Court' but not to be
empowered to make rules binding on Courts other than his own Court, 614.
Records, Court may on application send for any papers from its own-, or
from any other Court, 137; application how to be made, 137; no docu-
ment to be placed on-, unless proved, 141.
Register of Appeals, registry of memorandum of appeal in—, 548.
Register of Suits, what particulars to be entered in-, 58.
Registrar of Small Cause Courts, when-, to state case for opinion of Judge, 646.
Representatives, execution of decrees against-, of deceased persons, 252;
legal. When holder of certificate of heirship or certificate to collect debts
to be treated as-, 366.
Res judicata, Court not to try, 13.
Security for costs, 380-381, 549; for appearance of defendant, 477-481; appli-
cation for defendant to furnish-, for fulfilment of decree, 483-490, Sch.
IV; to be given before making order to stay execution of decree, 545 ; in
case of order for execution of decree attached against, 546; no—, required
from Government or Public Officers, 547.
Service of Process on recognized agents, 38-41; on pleaders, 40; mode of
sending letter in substitution of summons, 92; by whom costs of—, to be
borne, 93-95; notices and orders in writing how served, 94; on person
authorized by an officer or soldier to prosecute or defend a suit or on his
pleader to be deemed good service, 467; procedure as to-, when an
officer or soldier is a defendant, 468; procedure as to execution of warrant
of arrest in a Military cantonment, garrison, &c., 469; see-Summons—
Warrant.
Set-off, in what case particulars of, to be given in written statements, 111;
procedure when defendant claims to set-off against plaintiff's demand, 111;
to have same effect as a plaint in a cross suit, 111; if—, be allowed, decree
to state amount due to either plaintiff or defendant, 216.
Small Cause Court in Mofussil. What chapters and sections of Act apply
to-, 5, Sch. II; in Presidency. Act not applicable to-, except certain
sections, 8; Local Government may extend Code or any part of it to such
Court by notification in official Gazette, 8; no-, to make order for
attachment of immoveable property, 168.
Soldiers, see-Military Men.
Subsistence-money of judgment-debtors arrested, 338, 339, 482; to be added
to amount of decree, 340.
Suit, what, cognizable by Civil Courts, 11-13; when no foreign judgment to
operate as a bar to-, in British India, 14; to be instituted in Court of
the lowest grade competent to try it, 15; to be instituted in Court within
whose jurisdiction property is situated or in Court within local limits of
whose jurisdiction party actually voluntarily resides or carries on business
or works for gain, 16; institution of-, in Court within local limits of
whose jurisdiction defendants reside or cause of action arises, 17; for
compensation for wrong done to person or moveable property. Where—,
to be instituted, 18; for immoveable property situate within different
jurisdiction of same district or situate in different districts, where to be
instituted, 19; power of Court to stay proceedings in-, in which all
defendants do not reside or carry on business or work for gain within its
jurisdiction, 20; when application to stay proceedings to be made, 20;
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