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The code of civil procedure Vol II
Mulla Dinash Fardunji
The code of civil procedure Vol II - 18th - New Delhi Lexis Nexis/Butterworths 2011 - 2864p ccxvii
Contents;
Preface to the Eighteenth Edition;
Preface to the Seventeenth Edition Volume l;
Preface to the Seventeenth Edition Volumes 2 to 4;
Preface to the Sixteenth Edition;
Table of Cases;
Subject Index;
The First Schedule-Order 1-Parties to suits
Rules
1. Who may be joined as plaintiffs;
2. Power of Court to order separate trials;
3. Who may be joined as defendants;
3A. Power to order separate trials where joinder of defendants may embarrass or delay trial;
4. Court may give judgment for or against one or more of joint parties;
5. Defendant need not be interested in all the relief claimed;
6. Joinder of parties liable on same-contract;
7. When plaintiff in doubt from whom redress is to be sought;
8. One person may sue or defend on behalf of all in same interest;
8A. Power of Court to permit a person or body of persons to present opinion or to take part in proceedings;
9. Misjoinder and non-joinder;
10. Suit in name of wrong plaintiff;
10A. Power of Court to request any pleader to address it;
11. Conduct of suit;
12. Appearance of one of several plaintiffs or defendants for others;
13. Objections as to non-joinder or misjoinder;
Rules
Order 2-Frame of Suits;
1. Frame of suit;
2. Suit to include the whole claim;
3. Joinder of causes of action;
4. Only certain claims to be joined for recovery of immovable property;
5. Claims by or against executor, administrator or heir;
6. Power of Court to order separate trials;
7. Objections as to misjoinder;
Order 3-Recognised Agents and Pleaders;
1. Appearances, etc., may be in person, by recognized agent or by pleader;
2. Recognised agents;
3. Service of process on recognized agent;
4. Appointment of pleader;
5. Service of process on pleader;
6. Agent to accept service;
Order 4-Institution of Suits;
1. Suits to be commenced by plaint;
2. Register of suits;
Order 4A-State Amendment
Consolidation of suits and proceedings;
Order 5-Issue and Service of Summons-Issue of Stn'nntons-
l. Summons;
2. Copy of plaint annexed to summons;
3. Court may order defendant or plaintiff to appear in person;
4. No parry to be ordered to appear in person unless resident within certain limits;
5. Summons to be either to settle issues or for final disposal;
6. Fixing day for appearance of defendant;
7. Summons to order defendant to produce documents relied on by him;
8. On issue of summons for final disposal, defendant to be directed to produce his witnesses;
9. Delivery of summons bY Court;
9A. Summons given to the plaintiff for service;
10. Mode of service;
11. Service on several defendants;
12. Service to be on defendant in person when practicable, or in his agent;
1 3. Service on agent by whom defendant carries on business;
14. Service on agent in charge in suits for immovable property;
15. Where service may be on an adult member of defendant's family;
16. Person served to sign acknowledgment;
17. Procedure when defendant refuses to accept service. or cannot be found;
18. Endorsement of time and manner of service;
19. Examination of serving officer;
19A. Simultaneous issue of summons for service by post in addition to personal service;
20. Substituted service;
20-A. Service of summons by post-[Omitted by the Amendment Act, 1976 (104 of 1976),-s 55(vi) (w.e.f . l-2-1917) in view
of the insertion of the new r 19-A.];
21. Service of summons where defendant resides within jurisdiction of another Court;
22. Service within Presidency-towns of summons issued by Courts outside;
23. Duty of Court to which summons is sent;
24. Service on defendant in Prison;
25. Service where defendant resides out of India and has no agent;
26. Service in foreign territory through Political Agent or Court;
26A. Summonses to be sent to officers of foreign countries;
27. Service on civil public officer or on servant of railway company or local authority;
28. Service on soldiers, sailors, or airmen;
29. Duty of person to whom summons is delivered or sent for service;
30. Substitution of letter for summons;
Order 6-Pleadings Generally
1. Pleading;
2. Pleading to state material facts and not the evidence;
3. Forms of pleading
4. Particulars to be given where necessary;
4-A-. [added in AP, Kerala and Mad; Rule renumbered as subrule (1) and sub-r (2) added in Karnataka].
5. Further and better statement, or particulars;
6. Condition precedent;
7. Departure;
8. Denial of contract;
9. Effect of document to be stated;
10. Malice, Knowledge, etc;
11. Notice;
12. Implied contract, or relation;
13. Presumptions of law
14. Pleading to be signed;
14A. Address for service of notice;
15. Verification of pleadings
16. Striking out pleadings
17. Amendment of pleadings
18. Failure to amend after order
Order 7-Plaint-
1. Particulars to be contained in plaint;
2. In money suits;
3. Where the subject-matter of the suit is immovable property;
4. When plaintiff sues as representatives;
5. Defendant's interest and liability to be shown;
6. Grounds of exemption from limitation law;
7. Relief to be specifically stated;
8. Relief founded on separate grounds;
9. Procedure on admitting plaint;
10. Return of plaint;
10A.Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return;
10B. Power of appellate Court to transfer suit to the proper court;
11. Rejection of plaint
12. Procedure on rejecting plaint
13. Where rejection of plaint does not preclude presentation of fresh plaint;
14. Production of document on which plaintiff sues or relies
15. Statement in case of documents not in plaintiffs possession or power;
16. Suits on losr negotiable instruments;
17. Production of shop-book;
18. Inadmissibility of document not produced when plaint filed;
Order 8-Written Statement, Set-off and Counter-claim;
1. Written Statement;
1A. Duty of defendant to produce documents upon which relief is claimed or relied upon which relief is claimed or relied upon by him;
2. New facts must be specially pleaded;
3. Denial to be specific;
4. Evasive denial;
5. Specific denial;
6. Particulars of set-off to be given in written statement;
6A. Counter-claim b1 defendant;
6B. Counter-claim to be stated;
6C. Exclusion of counter-claim;
6D. Effect of discontinuance of suit;
6E. Default by plaintiff of reply to counter-claim;
6F. Relief to defendant where counter-claim succeeds;
6G. Rules relating to written statement to apply;
7. Defence or set-off founded upon separate grounds;
8. New ground of defence;
8A. Duty of defendant to produce documents upon which relief is claimed by him;
9. Subsequent pleading;
10. Procedure when party fails to present written statement called for by Court;
Order 9-Appearance of parties and consequence of Non_Appearance;
Order 10-Examination of parties by the court;
Order 11-Discovery and inspection;
Order 12-Admissions;
Order 13-Production, Impounding and return of documents;
Order 14-Settlement of issues and determination of suit on issues of law or on issues agreed upon;
Order 15-Disposal of the suit at the first hearing;
Order 16-Summoning and attendance of witnesses;
Order 16A-Attendance of witnesses confined or detained in prisons;
Order 17-Adjournments;
Order 18-Hearing of the suit and examination of witnesses;
Order 19-Affidavits;
Order 20-Judgment and Decree;
Order 20A-Costs;
Order 21-Execution of decrees and orders;
Order 22-Death, Marriage and insolvency of parties.
9788180386930
1.Civil Procedure Code
347.05 MUL-II
The code of civil procedure Vol II - 18th - New Delhi Lexis Nexis/Butterworths 2011 - 2864p ccxvii
Contents;
Preface to the Eighteenth Edition;
Preface to the Seventeenth Edition Volume l;
Preface to the Seventeenth Edition Volumes 2 to 4;
Preface to the Sixteenth Edition;
Table of Cases;
Subject Index;
The First Schedule-Order 1-Parties to suits
Rules
1. Who may be joined as plaintiffs;
2. Power of Court to order separate trials;
3. Who may be joined as defendants;
3A. Power to order separate trials where joinder of defendants may embarrass or delay trial;
4. Court may give judgment for or against one or more of joint parties;
5. Defendant need not be interested in all the relief claimed;
6. Joinder of parties liable on same-contract;
7. When plaintiff in doubt from whom redress is to be sought;
8. One person may sue or defend on behalf of all in same interest;
8A. Power of Court to permit a person or body of persons to present opinion or to take part in proceedings;
9. Misjoinder and non-joinder;
10. Suit in name of wrong plaintiff;
10A. Power of Court to request any pleader to address it;
11. Conduct of suit;
12. Appearance of one of several plaintiffs or defendants for others;
13. Objections as to non-joinder or misjoinder;
Rules
Order 2-Frame of Suits;
1. Frame of suit;
2. Suit to include the whole claim;
3. Joinder of causes of action;
4. Only certain claims to be joined for recovery of immovable property;
5. Claims by or against executor, administrator or heir;
6. Power of Court to order separate trials;
7. Objections as to misjoinder;
Order 3-Recognised Agents and Pleaders;
1. Appearances, etc., may be in person, by recognized agent or by pleader;
2. Recognised agents;
3. Service of process on recognized agent;
4. Appointment of pleader;
5. Service of process on pleader;
6. Agent to accept service;
Order 4-Institution of Suits;
1. Suits to be commenced by plaint;
2. Register of suits;
Order 4A-State Amendment
Consolidation of suits and proceedings;
Order 5-Issue and Service of Summons-Issue of Stn'nntons-
l. Summons;
2. Copy of plaint annexed to summons;
3. Court may order defendant or plaintiff to appear in person;
4. No parry to be ordered to appear in person unless resident within certain limits;
5. Summons to be either to settle issues or for final disposal;
6. Fixing day for appearance of defendant;
7. Summons to order defendant to produce documents relied on by him;
8. On issue of summons for final disposal, defendant to be directed to produce his witnesses;
9. Delivery of summons bY Court;
9A. Summons given to the plaintiff for service;
10. Mode of service;
11. Service on several defendants;
12. Service to be on defendant in person when practicable, or in his agent;
1 3. Service on agent by whom defendant carries on business;
14. Service on agent in charge in suits for immovable property;
15. Where service may be on an adult member of defendant's family;
16. Person served to sign acknowledgment;
17. Procedure when defendant refuses to accept service. or cannot be found;
18. Endorsement of time and manner of service;
19. Examination of serving officer;
19A. Simultaneous issue of summons for service by post in addition to personal service;
20. Substituted service;
20-A. Service of summons by post-[Omitted by the Amendment Act, 1976 (104 of 1976),-s 55(vi) (w.e.f . l-2-1917) in view
of the insertion of the new r 19-A.];
21. Service of summons where defendant resides within jurisdiction of another Court;
22. Service within Presidency-towns of summons issued by Courts outside;
23. Duty of Court to which summons is sent;
24. Service on defendant in Prison;
25. Service where defendant resides out of India and has no agent;
26. Service in foreign territory through Political Agent or Court;
26A. Summonses to be sent to officers of foreign countries;
27. Service on civil public officer or on servant of railway company or local authority;
28. Service on soldiers, sailors, or airmen;
29. Duty of person to whom summons is delivered or sent for service;
30. Substitution of letter for summons;
Order 6-Pleadings Generally
1. Pleading;
2. Pleading to state material facts and not the evidence;
3. Forms of pleading
4. Particulars to be given where necessary;
4-A-. [added in AP, Kerala and Mad; Rule renumbered as subrule (1) and sub-r (2) added in Karnataka].
5. Further and better statement, or particulars;
6. Condition precedent;
7. Departure;
8. Denial of contract;
9. Effect of document to be stated;
10. Malice, Knowledge, etc;
11. Notice;
12. Implied contract, or relation;
13. Presumptions of law
14. Pleading to be signed;
14A. Address for service of notice;
15. Verification of pleadings
16. Striking out pleadings
17. Amendment of pleadings
18. Failure to amend after order
Order 7-Plaint-
1. Particulars to be contained in plaint;
2. In money suits;
3. Where the subject-matter of the suit is immovable property;
4. When plaintiff sues as representatives;
5. Defendant's interest and liability to be shown;
6. Grounds of exemption from limitation law;
7. Relief to be specifically stated;
8. Relief founded on separate grounds;
9. Procedure on admitting plaint;
10. Return of plaint;
10A.Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return;
10B. Power of appellate Court to transfer suit to the proper court;
11. Rejection of plaint
12. Procedure on rejecting plaint
13. Where rejection of plaint does not preclude presentation of fresh plaint;
14. Production of document on which plaintiff sues or relies
15. Statement in case of documents not in plaintiffs possession or power;
16. Suits on losr negotiable instruments;
17. Production of shop-book;
18. Inadmissibility of document not produced when plaint filed;
Order 8-Written Statement, Set-off and Counter-claim;
1. Written Statement;
1A. Duty of defendant to produce documents upon which relief is claimed or relied upon which relief is claimed or relied upon by him;
2. New facts must be specially pleaded;
3. Denial to be specific;
4. Evasive denial;
5. Specific denial;
6. Particulars of set-off to be given in written statement;
6A. Counter-claim b1 defendant;
6B. Counter-claim to be stated;
6C. Exclusion of counter-claim;
6D. Effect of discontinuance of suit;
6E. Default by plaintiff of reply to counter-claim;
6F. Relief to defendant where counter-claim succeeds;
6G. Rules relating to written statement to apply;
7. Defence or set-off founded upon separate grounds;
8. New ground of defence;
8A. Duty of defendant to produce documents upon which relief is claimed by him;
9. Subsequent pleading;
10. Procedure when party fails to present written statement called for by Court;
Order 9-Appearance of parties and consequence of Non_Appearance;
Order 10-Examination of parties by the court;
Order 11-Discovery and inspection;
Order 12-Admissions;
Order 13-Production, Impounding and return of documents;
Order 14-Settlement of issues and determination of suit on issues of law or on issues agreed upon;
Order 15-Disposal of the suit at the first hearing;
Order 16-Summoning and attendance of witnesses;
Order 16A-Attendance of witnesses confined or detained in prisons;
Order 17-Adjournments;
Order 18-Hearing of the suit and examination of witnesses;
Order 19-Affidavits;
Order 20-Judgment and Decree;
Order 20A-Costs;
Order 21-Execution of decrees and orders;
Order 22-Death, Marriage and insolvency of parties.
9788180386930
1.Civil Procedure Code
347.05 MUL-II
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