Court fee on plaint remitted when Court stays proceedings and plaintiff
re-institutes, in another Court, 21; which may be instituted in more
Courts than one, subordinate to same Appellate Court. Procedure as to
transfer of, to another Court, 22; which may be instituted in more
Courts than one subordinate to different Appellate Courts but subordinate
to same High Court. Procedure as to transfer of, to another Court
having jurisdiction, 23; procedure where the Courts are subordinate to
different High Courts, 24; power of High Court or District Court to
transfer of―, 25; persons who may be joined as plaintiffs and defendants
in-, 26-28; liability of parties to a contract to be joined in-, 29; one or
more of several parties interested in one-, may sue or be sued or defend
in such suit on behalf of all so interested, 30; not to fail by reason of
misjoinder of parties, 31; Court may on or before first hearing dismiss
parties improperly joined in-, or add parties who ought to have been
joined, 32; no person to be added as a plaintiff in-, without his consent,
32; any person on whose behalf a—, is defended may apply to be made a
party to such suit, 32; plaint to be amended if a defendant is added to
a—, and an amended copy of summons to be served on new defendant
and original defendants, 33; objection when to be taken as to non-joinder
or mis-joinder of parties in—, 34; each of several plaintiffs or defendants
in-, may authorize any other to appear and act for him, 35; authority to
appear to be in writing and filed in Court, 35; appearance in-, by whom,
36; how to be framed, 42; to include whole cause of action, 43; abandon-
ment of part of claim to bring―, within jurisdiction of any Court, 43; if
plaintiff omit to sue for, or relinquish any portion of his claim, a-, for
portion so omitted or relinquished not to be afterwards entertained, 43;
a plaintiff entitled to several remedies in respect of same claim may sue
for all or any of them-, 43; omission to sue, except with permission of
Court, obtained previously, for any of such remedies to bar subsequent
suit for remedy so omitted, 43; for recovery of immoveable property.
What cause of action to be joined with-, 44 ; joinder of several causes of
action in same, Court may direct separate trial of them or exclude
them and order amendment of plaint, 45-47; to be commenced by plaint,
48; what particulars to be given in plaint, 50; plaint to show grounds of
exemption claimed from limitation law if cause of action arose beyond
period allowed by law for institution of—, 50; on lost negotiable instru-
ments. Procedure in case of—, 61; dismissal of-, for non-service of
summons on account of failure of plaintiff to deposit costs of issuing or
serving such summons, 97; to be dismissed if neither plaintiff or defend-
ant appear, 98; in what cases Court may permit plaintiff to bring fresh—,
or restore it to its file, 99; procedure when plaintiff appears and defend-
ant does not, 100; procedure when defendant appears on day of adjourned
hearing of, ex parte and assigns good cause for previous non-appear-
ance, 101; procedure when defendant appears and plaintiff does not, 102;
when plaintiff precluded from bringing fresh-, 103; procedure when
defendant residing out of British India does not appear at hearing of—,
104; Court may permit-, to be proceeded with if one or more of several
plaintiffs or defendants do not appear, 105-106; consequence of non-appear-
ance of plaintiff or defendant ordered to appear in person, 107; when
Court may set aside decree ex parte against defendant and appoint a day
for proceeding with-, 108; at or before first hearing of-, parties may

:

tender written statements of their cases, 110; no written statement to be
received after first hearing of-, unless called for by Court, 112; Court to
ascertain from each party or his pleader at first hearing of-, whether
allegations in written statements are admitted or denied, 117; Court may
at first hearing of, or at any subsequent hearing orally examine any
party appearing in person or present in Court, 118; substance of examin-
ation to be reduced to writing by Judge and to form part of record, 119;
consequence of refusal or inability of pleader to answer any material
question relating to-, 120; liable to be dismissed if plaintiff fail to comply
with order to answer interrogatories or for discovery or inspection of
documents if defendant fail to comply with order his defence to be
struck off, 136; party failing to comply with order for inspection or dis-
covery of, to be deemed guilty of offence under Sec. 188 of Indian Penal
Code, 136; documentary evidence to be produced at first hearing of—,
138; effect of non-production of documents, 139; documents produced by
parties at first hearing of, to be received by Court accompanied with
accurate list prepared in form prescribed by High Court, 140; Court may
reject at any stage of―, irrelevant or inadmissible documents, 140; Court,
if satisfied, may pronounce judgment in case where parties to a—, are
agreed as to questions of law or fact to be decided between them, 151;
when Court may pronounce judgment at first hearing of—, 152-155;
procedure when Court cannot pronounce judgment at first hearing of, 155
Court may grant time or adjourn hearing of—, to a future day, 156;
procedure if parties fail to appear on day to which hearing of―, is
adjourned, 157; Court may proceed to decide-, notwithstanding either
party fails to produce his evidence, 158; Court may summon any person
other than a party to-, to give evidence or produce a document, 171;
consequence of refusal of party to-, to give evidence or produce any
document, 176; parties to state case and produce evidence at hearing
of-, 179-180; administration-suit. Procedure in regard to-, before
making decree, 213; to enforce right of pre-emption. Decree in respect
to-, 214; for dissolution of partnership. Court may pass order fixing
day on which partnership shall be dissolved before making decree, 215;
to establish right to attached property may be instituted by party against
whom, order under Sections 280, 281 or 282, is passed, 283; not to abate by
death of plaintiff or defendant if cause of action survive, 361; proceeding
in case of death of one of several plaintiffs or defendants if cause of action
survive, 362; proceeding in case of death of one of several plaintiffs where
cause of action survives to survivors and representative of deceased, 363;
proceeding where no application is made by representative of deceased
plaintiff, 364; proceeding in case of death of sole or sole surviving
plaintiff, 365; to abate when no application by representative of deceased
plaintiff is made, 366; procedure in case of dispute as to representative
of deceased plaintiff, 367; procedure in case of death of one of several
defendants or of sole or sole surviving defendant, 368; not to abate by
marriage of female plaintiff or defendant, 369; when bankruptcy or
insolvency of plaintiff bars, 370; no fresh-, to be brought when suit
abates or is dismissed under Chapter XXI on same cause of action, 371;
application to be made to Court to set aside abatement or dismissal of—,
371; procedure in case of assignment pending-, 372; when-, may bo
withdrawn with permission to bring fresh suit, 373; limitation law not

affected by first suit, 374; compromise of—, 375; pauper suits, 401-415;
by or against Government. Institution of—, to be by or against Secretary
of State for India in Council, 416; who deemed to be recognized agents of
Government, 417; plaints in-, by Secretary of State in Council, 418;
Government Pleader to be agent of Government to receive processes
against Secretary of State in Council, 419; not to be instituted against
Secretary of State in Council or against a Public Officer until after
expiration of two months notice, 424; no warrant of arrest to be issued
in-, against Government without consent in writing of District Judge,
425; procedure if Government undertake defence of—, 426, 427; when
Public Officers exempted from personal appearance in-, 428; procedure
when decree is against Government or a Public Officer, 429; when alien
enemy may sue in Courts of British India, 430; when Foreign State may
sue in Courts of British India, 431; who deemed to be recognized agents
of Princes or Chiefs, 432; against Sovereign Princes not to be instituted
without consent of Government, 433; Sovereign Princes exempt from
arrest, 433; by and against Corporations and Companies, 435-436; by and
against trustees, executors and administrators, 437-439; by and against
minors, 440-462; by and against persons of unsound mind, 440-463; by
and against Military men, 465-469; of interpleader, when may be instituted,
470, 474; plaint in suit-, 471; plaintiff in-, of interpleader to pay or
place thing claimed into Court if possible, 472; procedure at first hearing
of interpleader's suit, 473; procedure where a defendant is suing stake-
holder, 476; application to Court for arrest of defendant in—, for pos-
session of moveable property before judgment, 477-482; institution of sum-
mary-, upon Bills of Exchange, Hundis or Promissory Notes, 532-538;
relating to public charities, when may be instituted, 539.

Summons, when amended copy of, to be served, 33; issue and service of—,
to defendant, 64-65, 72-74; to be for settlement of issues or for final
disposal, 68; to defendant to produce documents required by plaintiff or
relied on by defendant, 70; when-, is for final disposal of suit, defendant
to produce his witnesses, 71; service of—, to defendant to be in person
when practicable or on his agent or manager, 75-76; when service of—, to
be made on agent in charge in suits for immoveable property, 77; when
service of, to be made on any adult male member of defendant's family,
78; acknowledgment of service of-, to be obtained by serving officer-
time and manner of service to be endorsed on original summons, 79-81 ;
procedure when acceptance of service of—, is refused or when defendant
cannot be found and there is no agent to accept service, 80; serving
officer to be examined on oath touching his proceedings, 82; substituted
service when to be ordered, 81; effect of substituted service, 83; Court to
fix time for appearance of defendant when substituted service is ordered,
84; procedure as to service of—, when defendant resides within jurisdic
tion of another Court and has no agent to accept service, 85; procedure
when defendant resides out of British India and has no agent to accept
service, 89-90; issued by Mofussil Courts. Procedure as to service of—,
within Presidency Towns and Rangoon, 86; service of—, on defendant in
jail, 87; procedure when defendant is confined in jail not in district in
which suit is instituted, 88; when letter may be substituted for-, 91 ;
mode of sending such letter, 92; by whom costs of service of process to

be borne, 93, 95; application for-, to witnesses to produce documents or
to give evidence when to be made, 159, 164; expenses of witnesses to be
paid into Court on application for-, 160; tender of expenses to witnesses
at time of service of—, 161; procedure where insufficient sum has been
paid for, to witnesses, 162; time, place and purpose of attendance of
witnesses to be specified in-, 163; how to be served on witnesses, 166;
Court may at any stage of suit summon any party other than party to
suit to give evidence or produce document, 171; parties summoned as
witnesses must attend, 172; when parties summoned as witnesses may
depart, 173; consequences of non-attendance of witnesses after service
of-, or of departure without permission of Court, 174-175; rules relative
to witnesses applicable also to parties summoned, 178; service of—, on
Public Officers, 422; service of-, on a Corporation or Company, 436;
service of processes on persons authorized by an officer or soldier to pro-
secute or defend a suit or on his pleader to be deemed good service, 467;
procedure as to service of, when an officer or soldier is a defendant,
468; see-Service of Process.

Sureties, execution of decree against-, 253.

Transfer of Suits, 25.

Trustees, suits by and against-, 437-439.

Umpire, see-Arbitration.

Verification of plaint, 51-52; written statements filed by parties at or before
first hearing of suit to be subscribed and verified, 115; application of
judgment-debtor to be declared insolvent to be subscribed and verified,
346; of plaint in suit on behalf of a Corporation or Company, 435.
Warrant, when to issue for execution of decree, 250; to be dated and signed
by the Judge and sealed with seal of the Court, 251; for arrest to direct
judgment-debtor to be brought up before the Court, 337; endorsement
on-, after execution, 343; of arrest in Military Cantonments, &c. Pro-
cedure as to execution of, 469.

Wards of Court, Sections 442 to 462 not applicable to-, 464.

Witnesses to give evidence or produce documents. Application for summons
to-, when to be made, 159-164; payment of expenses of-, to be made
into Court on application for summons, 160; non-payment or non-tender
of sum sufficient to defray expenses of—, to be deemed lawful excuse for
failure to attend-Explan., 174; tender of expenses to-, to be made at
time of service of summons, 161; procedure where insufficient sum has
been paid, 162; time, place and purpose of attendance of—, to be specified
in summons, 163; any person present in Court may be called upon to
give evidence or produce document, though not summoned, 165; sum-
mons to-, how to be served, 166; sufficient time before that specified in
summons to-, to be allowed for preparation and travelling, 167; abscond-
ing or keeping out of the way to avoid service of summons. Attachment
of property of-, 168; attachment to be withdrawn if—, appear, 169;
procedure if absconding-, fail to appear, or appearing fail to satisfy
Court with reason for non-appearance in time, 170; Court may, at any
stage of suit, summon any person other than a party to suit to give
evidence or produce document, 171; parties summoned as-, must attend,
172; whoever summoned to produce a document must either personally

produce it or cause it to be produced, 172; when-, may depart, 173;
consequences of non-attendance of—, after service of summons or of
departure without permission of Court, 174-175; consequences of refusal
of-, apprehended and brought before Court to give evidence or produce
documents, 174; when-, not bound to appear in person to give evidence
or to be examined in Court, 176; consequence of refusal of party to suit
to give evidence or to produce any document, 177; rules relative to—,
applicable also to parties summoned, 178; examination of—, to be taken
orally in open Court, 181; how evidence of—, to be taken in appealable
and non-appealable cases, 182-189; when-, may require their depositions
to be interpreted, 183; when Judge to make memorandum of substance of
deposition of, 184; when evidence of—, may be taken in English, 185;
Court may take down any particular question and answer or any objec-
tion to any question to-, 186-187; Court to record remarks regarding
demeanor of, while under examination, 188; procedure when Judge is
unable to make memorandum of evidence, 190; evidence taken down by
Judge dead or removed from Court before conclusion of spite, now to be
dealt with, 191; when evidence of, may be taken immediately after
institution of suit, 192; Court may re-call and examine-, who have been
examined, 193; provisions of Chapter XIV and XV relating to—, appli-
cable to all persons required to give evidence or to produce documents,
650.

Wives, enforcement of decree for recovery of—, 259.

Women, certain-, exempt from personal appearance, 640.
Written statements, parties permitted to tender-, of their respective cases
at or before first hearing of suit, 110; in what case particulars of set-off
to be entered in-, 111; procedure when defendant claims to set-off
against plaintiff's demand, 111; effect of set-off, 111; no-, to be received
after first hearing of suit, called for by Court, 112; called for by Court.
Procedure on failure to present-, 113; how to be framed, 114; to be
subscribed and verified, 115; when Court may reject-, or return for
amendment, 116; amendments in-, to be attested by signature of Judge
116; effect of rejection of, 116; Court to ascertain at first hearing of
suit from each party or his pleader whether allegations in plaint or in-,
are admitted or denied, 117.