but that the right to sue accrued within the jurisdiction of this Court: it is ordered that a summons returnable on the

day of

19

be forwarded for service on the said defendant to the Court of

with

a duplicate of this proceeding.

Read bailiff's endorsement on the back of the process stating that the and proof of the above having been duly taken by me on the [oath or] affirmation of and it is ordered that the returned to the

with a copy of this proceeding.

be

[L. S.]

Judge.

NOTE. This form will be applicable to process other than summons, the service of which may have to be effected in the same manner.

No. 122.

DEFENDANT'S STATEMENT.

Section 110 of the Code of Civil Procedure.

(Title)

I, the undersigned defendant [or one of the defendants], disclaim all interest under the will of the said E. F. in the plaint, named [or, as heir-at-law, or, as next-of-kin, or, one of the next-of-kin, of E. F., deceased, in the said plaint named].

Or, I, the undersigned defendant, state that I admit [or deny] [here repeat in the language of the plaint the statements admitted or denied].

Or, I, the undersigned defendant, submit that, upon the facts stated in the plaint it does not appear that there is any agreement which can be legally enforced [or, that it appears upon the said plaint that I am jointly liable with one E. F., who is not a party to the suit, and not severally liable as by the plaint appears, or, that it appears by the said plaint that G. H. should have been a joint plaintiff with the said A. B. in the said suit, or as the case may be.]

Or, that the plaintiff has conveyed his interest in the said mortgage [or right to redeem] to one I. F., [or, that I have conveyed or assigned to H. L. by way of further charge for securing the sum of Rs. the right to redeem in

the property sought by the suit to be foreclosed.]

Or, that since the dissolution of the partnership the plaintiff has executed an instrument, whereby the plaintiff covenants to discharge all debts and liabilities of the partnership, and generally to release me from all claims and liabilities either by or to himself and others in respect of the said partnership-trading [or, as the case may be.]

Interrogatories on behalf of the above-named A. B. [or C. D.] for the examination of the above-named E. F. and G. H. [or A. B.];

1. Did not, &c.

2. Has not, &c.

The defendant E. F. is required to answer the interrogatories numbered. The defendant G. H. is required to answer the interrogatories numbered.

Take notice that the plaintiff [or defendant] requires you to produce for his inspection the following documents referred to in your plaint [or written statement, or affidavit], dated the

day of

19 .

the above cause, you are hereby required [personally to appear before this Court] on the day of 19 at the hour of with you or to send to this Court

A. M. [and] to bring

and other expenses and subIf you do not comply with this

A sum of Rs. being your travelling sistence-allowance for one day, is herewith sent. order, you will be subject to the consequence of non-attendance laid down in the Code of Civil Procedure, section 170.

Notice. (1.) If you are summoned only to produce a document, and not to give evidence you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid. (2.) If you are to be detained beyond the day aforesaid, a sum of Rs. will be tendered to you for each day's attendance beyond the day specified.

at

day of

You are hereby summoned to appear in this Court in person on the in the forenoon, to give evidence on behalf of the plaintiff [or the defendant] in the above-mentioned suit, and to produce [here describe with connient certainty any document the production of which may be required. If the summons be only to give evidence, or if it be only to produce a document, it must be expressed accordingly], and you are not to depart thence until you have been examined [or have produced the document] and the Court has risen, or unless you have obtained the leave of the Court.

from

pay to the

with interest thereon at the rate of

in the

on the part of

the

per cent. per

to the date of realization of the said sum, and do also the costs of this suit as taxed by the officer of the Court,

with interest thereon at the rate aforesaid from the date of taxation to the date of realization.

DECREE FOR SALE IN A SUIT BY MORTGAGEE OR Person

entitled to a Lien.
(Title.)

It is ordered that it be referred to the Registrar [or Taxing Officer] to take an account of what is due to the plaintiff for principal and interest on the mortgage [or lien ] mentioned in the plaint, and to tax the plaintiff's costs of this suit, and that the Registrar [or Taxing Officer] do declare in Court on the

of

day

what he shall find to be due for principal and interest as aforesaid, and

for costs; and upon the defendant paying into Court what shall be certified to be due to the plaintiff for principal and interest as aforesaid, together with the said costs within six months from the date of declaring in Court the amount so due, it is ordered that the plaintiff do re-convey the said mortgaged premises free and clear from all incumbrances done by him, or any claiming by, from or under, him, and to deliver up to the defendant or to such person as he appoints all documents in his custody or power relating thereto, and that, upon such re-conveyance being made, and documents being delivered up, the Registrar [ or Taxing Officer] shall pay out to the plaintiff the said sum so paid in as aforesaid for principal, interest and costs; but in default of the defendant paying into Court such principal, interest and costs as aforesaid by the time aforesaid, then it is ordered that the said mortgaged premises [or the premises subject to the said lien] be sold with the approbation of the Registrar [or Taxing Officer]. And it is ordered that the proceeds of such sale (after defraying thereout the expenses of the sale) be paid into Court, to the end that the same may be duly applied in payment of what shall be found due to the plaintiff for principal, interest and costs as aforesaid, and that the balance (if any) shall be paid to the defendant or other person entitled to receive the same.

the sum

No. 129.

FINAL DECREE* FOR FOReclosure.
(Title.)

which was, on the

day of

WHEREAS it appears to the Court that the defendant has not paid into Court last, declared in Court to be due to the plaintiff for principal and interest upon the mortgage in the plaint mentioned, and for costs, pursuant to the order made in this suit on the last, and that the period of six months has elapsed since the said

day of

day of

It is ordered that the defendant do stand absolutely debarred of all right to redeem the said mortgaged premises.

No. 130.

PRELIMINARY ORDER-ADMINISTRATION-SUIT.

Section 213 of the Code of Civil Procedure.
(Title.)

It is ordered that the following accounts and inquiries be taken and made; that is to say :—

In creditor's suit

1. That an account be taken of what is due to the plaintiff and all the other creditors of the deceased.

In suits by legatees

2. An account be taken of the legacies given by the testator's will.

In suits by next-of-kin—

An inquiry be made and account taken of what, or of what share, if any, the plaintiff is entitled to as next-of-kin [or one of the next-of-kin] of the intestate.

* In No. 129, substitute the words, "Decree absolute " for Final Decree in places to which the Transfer of Property Act, 1882, extends.-See Act IV. of 1882, s. 87, and supra. s. 3.