ii

B. PRESENTATION OF PROCEEDINGS TO THE COURT. Pages:

Presentation of Proceedings and Documents 1-^

21
Documents or proceedings not to be sent by post or telegraph .. 8
22
NOTE—I. Language not to be dis-respectful. .. •• — 8
II. Varbal corrections. •• •• ~ 8
III. Connected suits. .. . 8

C. POSTING OF CASES.

Posting or suits, etc. •• 8

23
Cases ready to be posted according to thier order 8
24
8—9
24-A Exceptions ••
24-B 9 •X

NOTE. Appellate court to send recoids to the trial court on Remand. 9“

D. ADJOURNMENTS.
Adjournment to be to a day certain 9
25
’ Proceedings not to be adjourned sine die or struck off the file 9
. ' 26
Cost of adjournment 9
• 27
9
-28. ' Notice of application for adjournment or for advancement of hearing ..

E. INTERLOCUTORY PROCEEDINGS
Form of interlocutory applications .. .. . 9
29
•Contents thereof .♦ *• •• 9
| 30
Notice 9—10“
; 31
Proof of facts by affidavit .. •• 10
32

F. AFFIDAVITS

Before whc’m may be sworn •• 10

33
10
[*: 34 Filing
Notice of filing lo­
35 4
Form ll
36
Description of deponent Il­
. 37
Alterations, interlineations and assures li
' 38
Statement of persons before whom affidavit sworn .. 11
39
Blind or illiterate deponent 11
40
Endorsement should state on whose behalf filed IL
41
Affidavit stating matter of opinion 11
42
Affidavit on information and belief IL
43
Documents referred to in affidavits lb
44
 iii

G. ORIGINAL PETITIONS
(1) Original Petition to State act ci authority undei whch it is presented 11
-45
11
(2) Hearing *
•46 Application for transfer—
NOTE.—(1) Contents of transfer application .. .. .. 12

(2) Registering suits received by transfer and calculation of their

12
duration
12
(3) No fresh vakalat necessary after transfer
(4') Extra copy of the petition and on affidavit to be filed in
an application for transfer containing allegation against
12
judicial Officers -

CHAPTER II
PROCESSES.
ISSUE OF SUMMONS OR NOTICE
12
-47 Issue of summons or notice .. •• “
48 parties to file process forms duly filled up 12-13
13
-48A- Process fees to be paid to the Registering Officer .. ..
13
■49 (1) Summons to witness - •• •; ••
13—14
■
. (2) Allowances .. •• *’
14
(3) Classification of witnesses and their scale of allowances
1 14
(4) Scale of allowances to expert or scientific Witnesses
I 50
Summons to an Officer of the Secretariat or the Houses of Parliament or of
14—15
the State Legislatures

I RETURN OF SERVICE OF PROCESS.

15
51 Return of service . **
15
l 52 Verification of return ..
15
53 Service by affixing to outer door ..
NOTE---",l?rocedure when defendant cannot be found at once 15—16
16
54 Notice where summons is affixed to outer door
16
55 Translation of process

ADDRfeSS FOR SERVICE.

(1) Address for service of the defendant or respondent 16
56i
16
(2) Should be within the local limits of the court
16
(3) Procedure when party is not found at
16
(4) And the address given
16
(5) Change of address to be by verified petition
144-17—AA
 i/

CHAPTER-IU
TRIL' OP SAITS.
THE T1RST HEARING.
57 . Application fot directions ...
17
58 Interrogatories
17
59 Adjorunmentin cons equence of application for coinmission
17

ISSUES.
60 Form of issues
17
61 Procedure in regard to the framing of issues
17—18
62 Inspection of documents ..
63
18 4
Inspection of proceedings by a party ■‘‘-
18
64 Inspection of documents by strangers
18
65 Notice of application for inspection
is-
66 Consent to inspect or obtain copy
13
67 Inspection to be made before Officer and fee for the same
18’
68 Copies or extracts not to be taken’
18
69 Fee ....
18^19
- 70 Search of records
19

COPIES OF PROCEEDINGS TO^ FURNISHED BY PARTIES I.)

71 Party filing any proceedings to furnish the other side with’a copy
19
72 Name and address for service to be endorsed on copy 19
73 Refusal or neglect to furnish copy
19

PRODUCTION OF RECORDS
74 Production of records in the custody of a Court ’ ■
19-^20
75 Production of records in the custody of a public officer other than a court
20'
76 Copies of Public documents . ’
20'
76-A
Pr"te Le&?stS in the .C.USlOdr.Of the H0UMS Of PariiameM “
21
77 Return of Original documents to the custody from which was produced
21.-
78’ Deposit for postage costs .. ..
21

i
 ix

156 When bank or treasury is closed 40—4r

157 Receipt 41

158 Transmission of Money payable in satisfaction of decree 41.

(b) PAYMENT OUT OF COURT.

159 Cash payment 4iA

160 Application for payment out in other cases 41

161 Order for payment 41-

162 Payment schedule to be brought in 41—42-

163 Presentation of Order 42,

164 Receipt by payee 4z
165 Order not to issue after 25th of the month except in cases of urgency 42J:

(c) DELIVERY OF SECURITIES OR OTHER VALUABLES INTO

AND OUT OF COURT.

166 Rules as to delivery of securities, jewellery or other valuables into and

out of court. 42-
(d) CASH DEPOSITS.
167 Cases where payment may be made in cash to Officer of Court . .. 42-43-

168 Present'ation of receipt 43-

169 Repayment 43.:

IV. ATTACHMENT.
(a) ATTACHMENT OF PROPERTY IN CUSTODY OF PUBLIC OFFICER.

170 Attachment of property in custody of Public Officer 4?

171 Form to be used 43
Note.—Mode of issuing notice 44,

(b) ATTACHMENT OF DECREES.

172 Attachment of decree
173 Decree not to be sold in execution of another decree 44.

174 Attachment of decree by several decree holders 44.

(c) CLAIMS TO ATTACHED PROPERTY.

.175 Claim to attached property

176 Proccdure when application admitted 44-
t
■137 Hehring of application ..
44-17- B
 X

(d) REALIZATION OF ATTACHED PROPERfA.

Realization of attached debts by the appointment of a Receiver .. 44
Realization of property attached by seizure 44

V. APPLICATIONS UNDER ORDER XXI RULES 97 AND

100 OF THE C.P.C.
<80 Provisions of rules 175 to 177 to apply for applications under Order XXI
Rules 97 and 103, C.P.C. 44
VI. SALE OF ATTACHED PROPERTY.
<81 Application for sale of attached property 45
■182 Applicant to file an affidavit and in the case of immovable property
certificates to be filed by the applicant 45
183 Order for sale 45
184 Date and place for sale . ..................... . 45
185 Sale of livestock, etc. .. ... .. 45
186 When movable property is in custody of Nazir or Curator .. 45
187 Sale by Public Auction 45
Note.—Sale of guns or other arms by public auction in execution. 45—46*
188 Applicability of general rules about sale of property infra 46

VII. GENERAL RULES ABOUT SALB OF PROPERTY

UNDER ORDER OF COURT.
189 Condnct of Sale under order of court 46
193 Applicant to file affidavits and certificate of search 46
4191 Search of encumbiances .. .. .. 46
Note.—Instructions as to the working of the rule anl the fixing of the
date of the sale proclamation. 47
a 92 Matters to be determined by Court 47
193 Appointment of person to sell 47
Note.— Sale by Officers of court till Collectors are authorised 47
194 Proclamation of sale 47
195 Leave to.bid 47
196 Conduct of sale 47
Note.— Members of process service establishment not to attend sale except
on duty.
197 Form of application under Rule 89 of Order XXI of C.P.C. 47
198 Costs 47
199 Payment of poundage, etc., when sale set aside 47
Note.— Refund of purchase money to the auction purchaser. <
100 Order of attachment or certificite of sde to spicify d jscriptioj of proporty 48
Note.—Copies of certificates to Registering Officers. 48
201 Default by applicant 48
 xi

VIII. ACCEPTANCE OF GUAR ANISE

SOCIETIES AS SURETIES,
Acceptance of Guarantee Societies as Sureties 48
Note : (1) Forms of Surety bonds ^48
-d (2) High Court may declare by notification the names of the
guarantee societies and their agents. 49
(3) Procedure relating to execution and acceptance of bonds. -49

IX. NOTICE TO SURETIES.

.'203 Notice to Surety ,49
CHAPTER IX.
RECEIVERS.
4
"J204 Each District Court to maintain a panel of Receivers ^49

.205 The strength of the panel to be fixed by the District Judge. 49

_:206 Panel of receiver to include one practitioner Representative from each co ut
In the District Appointment to the panel and removal therefrom. 49

207 Receiver to furnish security on his appointment. -49

208 Receiver to file his accounts. .. .. ’ , 49

209 Form of the accounts. 49
I :210 Receiver to file an affidavit on or before the due data in default to file
i account since the date of his appointment or the date of last account. 49

211 The receiver to maintain true and regular accounts cash books etc., :50
:212 Receiver to open an account in a scheduled Bank. ;50

1
2213 Failure to maintain true and regular accounts and consequences arising
therefrom.. 30

i
 JUDICIAL NOTIFICATIONS.

CIVIL RULES OF PRACTICE AND CIRCULAR ORDERS.

Volume i.
n-
(ROC. NO. 266/71.)

PREAMBLE.

No. SRO C-25/90.

J In exercise of the powers conferred by section 122 of the Code of Civil Procedure 1908. (Cenuaf
Act Vof 1908) and all other powers Hereunto enabling and with the previous approval of the
Government of Tamil Nadu, the High Court makes the following revised rules for the rules
contained in part I of the Civil Rules of Practice and Circular Orders, Volume I.

(REVISED RULES.)

CIVIL RULES OF PRACTICE AND CIRCULAR ORDERS.

Volume I.
PRELIMINAR Y.
1. Short title.—These rules mav be called the Civil Rules of Practice and Circular Orders. ■

2. Forms.—The forms in the Appendix-Ill, Part II, Volume II hereto shall be used with
such variations as circumstances may require.
3. Definitions.—In these rules, unless there is something repugnant in the subject or context—

(1) ‘Address for service’ means the place appointed by a party, or his pleader at which service
of summons, notice or other process, may be made on such party ;
(2) ‘Application’ includes execution applicaticn execution petition, and interlocutory
application, whether written or oral ;
(3) ‘Code’ means the Code of Civil Procedure 1908 (Central ActV of 1908) as amended from <
time to time ;
(4) ‘Execution Petition’ means a petition to the court for the execution of any decree or
order ; ■
(5) ‘Execution application’ means an application to the court made in execution proceedings
other than an execution petition ;
(6) ‘First hearing’ includes the hearing of a suit for settlement of issues, and any adjournment
thereof;
(7) Interlocutory application’ means an application to the court in any suit, appeal or
proceeding already instituted in such court other than a preceding for execution of a decree
of order;
(8) ‘Interim decree’ means a decree which follows Judgment or order passed under rule 6
ofOrdei Xll of the Code;
(9) 'Original petition’ means a petition whereby any proceeding other than a suit or appeal
or a proceeding in execution of a decree or order, is instituted in a court; .

144-h-I

5
 2

(10) ‘Proceeding’ includes all documents presented to or filed in court by any party, or
commissioner or other officer of court, other than docinnts proiicjd as evidsac® ;

(11) ‘Verified means verified in the manner provided by rule 15 of Order VI of the code ;
and
(12) Other expressions—All other expressions used herein'shall have the respective meanings
prescribed by the Code or the General Clauses Act, l897.'/

4. Reckoning of prescribed
prescribed day.—(1) In all cases in which any particular number of
days not expressed to be clear days, is prescribed by these rules the same shall be reck­
oned exclusively of the first day and inclusively of the last day ; unless the last day
falls on a 5Sunday, or other day on which the-office of the court is closed, in which case
reckonedI exclusively of that day also, and of any other following oay
the time shall be .-.I
*t days during which, (he office may continue to be closed.
(2) In all cases vhich any particular number of days not expressed to be clea*
days, is prescribed by these rules, the same shall be reckonedI exclusively of the first
day’and* of the last day and also of arcy day on which the office is closed.

5. Service of notice.—Except where otherwise provided by the Code, or tiiese rules y

or any
i law for the time being in force, any. notice directed to be given to and party
shall- -be •in writing
•• and• may •be served’ ’by ■'the party, or his pleader, on the other
party, or his-pleader personally, or by sending the same by post, in a registered pre-
paid' -over, to* the address for service of the party or his pleader.

PART I.
Rules made under ihe Code of Civil Procedure.

CHAPTER I (GENERAL).

‘A’ Form of Proceeding.

Form oj Plaints etc.
6. All plaints^written statements, applications affidavits^ memoranda
6. All plaints written statements, applications of appeal,
and other proceedings presented to the] court, shall be written,/ typewritten jr printed
' ’ ’ and1 ’legibly,
fairly stamped paper
-^ly, on stamped paper or
or on substantial white
on substantial foolscap folio rpaper
white foolscap --r--
with an out* tT margin about two inches wide and an inner /margin about our ino i wide
and separai sheets shall be stitched j together bookwise. /The writing or printing may
be on bqrf sides of the paper and number shall be expressed in figures /and .nd with thick
sheet as/locket ; / J

Provided that the High Court otherwise may direct whenever special circumstances
relating to scarcity of paper arise.
7. Cause title of Plaint, etc—(1) A plaint or original petition, shall be headed with
a cause title as in Form No. 1. The cause title shall set out the name of the court
the names • of the parties separately numbered, and described as plaintiffis and defen-
dants dr - petitioners and respondents, as the case may be.

(2) Cause title of memorandum of appeal.—A memorandum of appeal shall be

headed with a cause title setting out the names of the courts to and from which the
appeal is brought, the names of the parties separately numbered and described as
appellants and respondents and also the full cause-title of the suit or matter in the lower
coiirt,, as in Form No. No 2.
(3) Cause title of subsequent proceedings.—All proceedings, subsequent to a
plaint or original petition shall be headed with al cause title as in Form No. 1 and all
proceedings subsequent to a memorandum of appeal shall be headed with a cause .
title ai: in the first part of Form No. 2.
(4) Description of Contents.—Every proceedings shall also contain immediately
afie’’ the c&vse-tjile a short. [ description of its contents as j! in Form Nos. 5 and 6
 118 TAMIL NADU GOVERNMENT GAZETTE [Part 111—Sec. 2 :

NOTIFICATIONS BY HEADS OF DEPARTMENTS. ETC..

JUDICIAL NOTIFICATIONS

THE HIGH COURT OF JUDICATURE AT MADRAS I

i
Amendment to Rule 6 of Civil Rules of Practice and Circular Orders

(Roc.No. 38^020^1)

No. SRO C-30/2021.

In exerdse of the powers conferred by Section 122 of the Code of CMI Procedure 1908, (Act V of 1908) and all ,
other powers hereunto enabling and with the approval of the Government of Tamil Nadu, the High Court, Madras, hereby
makes the following amendment to Rule 6 of Civil Rules of Practice and Circular Orders. The Amendment shall come
into force with effect from the date of publication in the Gazette.
Amendment **
£
In the Civil Rules of Practice and Circular Orders, for existing Rule 6, the following rule shall be substituted, namely:* i

"6. All plaints, written statements, applications, affidavits, memoranda of appeal and other proceedings presented i
to the Court, shall be written, typewritten or printed, fairly and legibly, on stamped paper or on substantially white :
A4 Size paper not less than 75 GSM, or any other quality as may be prescribed from time to time Instead of green or :
embossed paper and separate sheets shall be stitched together bookwise. The writing or printing may be on both sides .
of the paper and numbers shall be expressed In figures and with thick sheet as docket, with the following margins:

For the Appellate Side For the Original Side

From the top -2.5 cm From the top - 2.5 cm
From the bottom - 2.5 cm From the bottom - 2.5 cm
From the left - 3 cm From the left - 3 Cm
From the right - 2.5 cm From the right - 2.5 cm
Provided that the High Court otherwise may direct whenever special circumstances relating to scarcity of paper arise.* :

High Court, Madras' P. DHANABAL,

it 22nd September 2021. Registrar General.

9-

PRINTED AND PUBLISHED SY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
 3
8. Name, Partie^—(1) The full
and residence of. each party and if such is the name, father’s name, sex, age, .occupation
is sued In a rrepresentative character, case, the fact that any party sues * or
original petition,, or memorandum of appeal be setFdrTNo
slrall"as^n out 5l and^np^"® f°{the PUint, ■
c? Ul- i
in Tthe subsequentt proceedings in the PsPame suit; appeal, o'r^atte^. "Ot be

— first Livw
service, which shall be within any^ party shall also^tate '
" :f jurisdiction of
Court m which the party ordi-

9. List of documents filedr along with the plaint.—Every olaint

’L. to *be signed by the plaintiff or I
thereof, contain la hst -t shall at the foot
his pleader, of the documents filed
therewith in Form No. 7,} or a statement, signed as aforesaid
therewith. ’
>V
that no document is filed
A aJ

----- ----
xl. . 4 J

10. Form prescribed for list filed

any, ffied . ^^es;o^ of documents if

11. Proceedings in respect of immovable

immovable property.—Every plaint, orginal petition
and - aPPeal» in which relief Lis sought with
p»c perty shall state as part of the description thereof, & the
respect to immov ble
district in which the r .. . -3 registration district or sub­
property is situate and the <■----- number, if any and in cases
where, the; value of the property is required to be^survey"es^ated7or
Tt mil Nadu Court F—.. an^ ®UJ^S Valuation Act, IQCC/'T ”r th5 purposes of the
there shall be annexed thereto a statement 1955 (Tamil Nadu Act XIV of 1955’1
of the particulars mentioned in Form No. 80. duly filled in and signed by the party
rvllH No.
may be received but shall not be admitted o? filed unti3^ of.default’ ^e proceeding
complied with. until the provisions of this rule have been

12. Leave to sue.—(I) If under

is required the plaint
accompanied by an
and the reasons

(2) If leave to sue is granted,

granted the summons
the notice set out in Form No. 9. to the defendants shall contain
I
^(3) The Cdurt may, in its discretion, issue notice of
dcf< ndants,
1 , before passing an the application to the
order thereon.
13. Suits by or against numerous
Co? e, parties.— (-1) An application under rule R , r
supported by an affidavit stating the number of approxi-
bave all the same interest in the subje'e? mattVrof the*suit [eSice j. that tKey
interest ano the best means of giving nofice of the of the said
parties, and the probable cost thereof If St* 1 °n ,of,the suit to the said
maybe macein Form No. 1(^and the estimated S ^of"XinTV* u pIaintiff’ *
of the suit shall at the 'same time VXXdTcourt. Si™g n°tiCC °f the ins,itu;io“

(2) The plaint shall state that the plaintiff

other persons interested in the subject matter sues> on, behalf of himself
of the < and tj]
representing all persons so inter., sted and the suit, or fsues the
■■ j
defencent as
notice set forth in Form No. 11. summons to the defendant shall
----- 1 contain the

14. When application is made by defendant.—If the application is

dant, notice thereof shall be given to all parties to the suit ishi made by a defen-
i Is granted,: the plaint shall be amended by inserting a statement that and if permission
with the leavcVof the court, sued as the —t the defendants
-? tl.e respresentative of all persons, interested in the
subject matter oFthe suit.
15. Adding plaintiff or i
as plaintiff, or as the next friend of a plaintiff^hc* shall is .?lade 'o any p.
perso n
144-17—1a —* either appear in person,. in

c.
 4

which case his consent to be so added shall be recorded by ‘the Judge in writing or a
written consent thereto signed by him. and authenticated by a person authorised ta'ce
affidavits, shall be hied in court.

recognised agents and pleaders

16. Party appearing by agent.—(1) When a party appears by an agent other than a pleader
or advocate the agent shall before making or doing any appearance application or act, in or
to the court file in court the power of attorney or written authority thereunto authorising him; <
or a properly authenticated copy thereof, or, in the case of an agent carrying on a trade or business
on behalf of a party-, without a written authority an affidavit stating the residence of his principal r
the trade or business carried on by the agent on his behalf and the connection of the same with
the subject matter of the suit and that no other agent is expressly authorised to make or do such
appearance application or act.
I
(2) The Judge may thereupon record in writing that the agent is permitted to appear and A
act on behalf of the party and unless and until the said permission is granted no appearance
application or act of the agent shall be recognised by the court
• >
17. Signing or verification by agent.—If any proceeding which under any provision of law
or these rules is required to be signed or verified by a party is signed or verified by any person j
on his behalf a written authority in this behalf signed by the party shall be filed in court together '
with an affidavit verifying the signature of the party, and stating the reason of his inability to-
sign or verifying the proceedings and proving the means of knowledge of the facts set out
in the proceeding of the person signing or verifying the same.

J8. tppointmenr Oj Pleader.—dave as provided in paragraph 3 of this rule every Vakai. - ’

latnama or appointment of a pleader shall be executed or its execution attested before any of the
following persons:—
(i) any Judicial Officer; z
(ii) ari-advocate or Pleader cVher than the Advocate or Pleader in whose favour the vaka- '
latnama is executed-or appointment made; (
(iii) Notary appointed under the Notaries Act, 1952. or a Commissioner of Oaths;
(iv) A Gazetted Officer or an Officer belonging to Group A or Group B the Government
of TamilNadu as provided in G.O. Ms.No.843,Personnel and AdministrativeReforms(Personnel-M) >
Department, dated 11th July 1977 as amended by G.O. Ms. No. 577 Personnel and -.Administra­
tive Reforms (Personnel-M) Department, dated 11th May 1979;
J.
(v) a retired Gazetted Officers receiving pension from the Government or a retired Officer >
belonging to Group A or Group B of the Government of Tamil Nadu as mentioned in clause J
(iv) supra; '
(vi) a retired Non-gazetted Officer receiving pension from Government who has served as 4;
a Sub-Magistrate or Additional First Class Magistrate prior to his retirement. >'
(vii) a member of the Legislative Counsil, or Legislative Assembly of any state or a Member -L
of Parliament;
(viii) a Municipal Councillor; /
La..
(ix) a Member of Panchayat or a Panchayat Union constituted under the enactment rs?
force;
(1) a Village Administrative Officer. /
1

1 , Manager of the Office of the Board of Commissioners for the Hindu Religion5
and Charitable Endowments, or any Superintendent or Inspector working under the Board: and
(xii) a Sub-Registrar;
I ticaJnhOofShUs addmg deSigaati°n °n the

hAf. Prov'ded when a Vakalatnama is executed by any person who appears to tiie Officer
before whom it is executed or the execution is attested to be illiterate, blind, or unacquainted
with the language in which the Vakala nama is written the officer shall certify that the Vakalat-
nama was read, translated or explained in his presence to the executant, that he seemed to under­
stand it and that he made his signature or mark in the presence of the officer.
1 When the executant of a Vakalatnama is himself a Public Officer of whose signature a court -
must take judicial notice, authentication on the Vakalatnama shall not be necessary.

, A statement of the Pleader’s address for service shall be endorsed on the Vakaktnama and
subscribed with his own signature by the Pleader.

In the case of Sub-Registrars, the Government direct that they shall attest the execution'of
Vakalats only iq which they know the parties personahy or in which the Vakaiats are presented by
< persons who appear before them for the registration of documents and whose identity has been
proved in connection with the registration of those documents and they shall not hold snecial
I C311neCtI'0n (G.O'Ms. No 232, Judicial dated 28th January 1961 HC Dis

18-A. (1) In these rules, the expression "Advoc?*e Pleader and Attorney’, shall be deemed
io include a partnership composed of such persons; •

(2) No such partnership shall be entitled to act or plead in

i any court unless all the members
thereof are entitled to act or plead in such court;

(3) A Partnership may include in its name, the names of persons who were or are members
r . of the partnership but of no others; , *uviuuvn

tu P/rlOn Yh° has ceased t0 be a member of the partnership otherwise

than by death shall be included in the name of the partnership except with his consent in writing.

Provided that this iu.e shall not apply to any partnership in existence on the 1st July 1957;

• ^Fhc,"word'll “nnd i nrnp.iny” ili—t be affixed ~to thi name of. -any partnership-

shall notify the Registrar of the High Court and the Bar Council of
Tamil Nadu any change in the composition of the partnership not later than three months from
the date on which such change has occurred; ' 111

(8) Every member of a partnership shall be bound to disclose the names of all the members
of the partnership whenever calied upon to do so by the Registrar of the High Court the Bar ’
Council of Tamil Nadu any court or tribunal or any partner for or against whom the partnershio
or any member thereof has entered appearance before such court or tribunal;
v i. JP r11? every caSe where a member the partnership signs any document or writing on
behalf of the partnership he shall do so in the name of the partnership and shall authenticate
I the same by affixing his signature; and

(10) Neither the partnership nor any member thereof shall advise act or plead on behalf
of a party in any matter or proceeding where the opposite party is represented by any other member
of the partnership or by the partnership.

( 18-B. Senior Advocates as defined in section 16 of the Advocates Act, 1961.—A senior
Advocate shall not.—

(i) file a vakalat or act in any court or Tribunal in the State of Tamil Nadu.

L
 6

c* 5jit^0ut an advocate oh rejord, or pleader in any Court or tribunal in

State of Tamil Nadu. the

■ .acc?? from a client any brief or instructions to appear in any court or tribunal
in the State of Tamil Nadu.

(v) file a fees certificate except through an advocate on record or pleader.

Explanations : I
(1) “Advocate on record” or “Pleader” means one Who is entitled to act as well as to
plead for a party in the court.

(2) Acting means to file an appearance or any pleadings or applications in any court
or tribunal in the State of Tamil Nadu or to do any act (other than pleading) required or authorised
by law to be done by a party in such court or tribunal either in person or by his recognised agent
or by an Advocate, attorney or pleader on his behalf.
*4'
(3) “Tribunal” includes any authority or person legally authorised to take evidence and
before whom advocates or pleaders by or under any law for the time being in force are entitled
to practice; ' ■

(4) Where a Senior Advocate appears, the fact will be intimated in writing to the ‘court
by the Advocat e n record or Pleader. -

19. Form of Vakalat—Every vakalat shall, unless otherwise ordered by the Court be in form
No. 12 and shall authorise the Pleader to appear in <all / and
" execution d miscellaneous
" proceedings "^7
in the suit or matter subsequent to the final decree or order passed therein’
I

Note. I.—Vakalatnamas :—

(1) Every vakalatnamas must be dated at the time of its execution and its acceptance.
(H.C. Rule dated 27th July 1896). P

(2) No vakalatnama is to be authenticated unless the Pleader’s name be inserted therein

previous to its execution.
(Pro. dated 1st December 1858). ;
(3) It is not necessary for the authenticating officer to see that Vakalatnama are stamped
at the time of attestation or execution. -
■!

G.O. No. 1214, dated 4th September 1909,'H.C. Dis. No. 1290 of 1909.
;[
(4) No vakalatnama will be filed unless it be noted thereon in the handwriting of the 4
pleader to whom it is executed, that it has been “accepted” by him.

. (5) Where a person is a party in two or more connected suits, he must execute a separate a
vakalatnama in each case, notwithstanding that he may retain the same pleader in all.

(6) Where the party afterwards retains additional pleader he may either execute a fresh £
vakalatnama to be signed by all the Pleader by whom it is accepted and to be substituted for the
original vakalatnama, or he mayexecuie a separate Vi.kalatr.ame to the additional pleader.
(Pro. dated 24th July 1851)/

(7) Whenever a vakalat in the names of more than one pleader is presented, it should be
rejected unless it has been accepted by all the Pleaders who are named in it.
(H.C. Cir. 2074, dated 26th August 1889.)

(8) A party who has retained a pleader to appear for him cannot be heard in person unless
he first withdraws the vakalatnama.
(Pro. dated 15th March 1821.)

I
J
 (9) The Government Pleader need not file a written authority in each case. (H.C. Cir.
739, dated 12th August 1^03).
•X.

(10) A fresh vakalat should be filed for appearing on behalt of an appellant or respondent
in an appeal even in cases where the pleader concerned had been retained to appear in the trial
court.
Note :—11.—Termination of Pleaders’s Authority.—
(1) A pleader retained in any case will be deemed to have discharged his duty to his client
* on the decree being made, and is not bound to appear on any application for review of judgment
without further instructions. But, if he is prepared to appear he may do so without a fresh vakalat­
nama provided that if any such pleader takes any step in the review, it will be incumbent upon
him to appear at the hearing.
(2) A pleader retained in a suit cannot afterwards appear for the same client in an appeal
from an order passed in execution of the decree in such suit uuiess he puts in a fresh vakalat­
nama.
(Pro. dated 17th August I860.)
? 20. Pleader not to Act in opposing interest.—Except when speci&iWauthorised by the court,
or by consent of the party, an pleader who has advised in connection with the institution of a suit,
appeal or other proceeding, or has drawn pleadings, in co._nection with any such matter, or has
during the progress of any such suit appeal or other procce'ings, acted for a party, shall not,
unless he first gives the party for whom he has advised, drawn pleadings or acted, an opportunity
of engaging his services, appear in such suit, appeal or other proceedings, or in any appeal, or
application for revision arising therefrom or in any matter connected therewith for any person
whose interest is opposed to that of his former client :
Provided that the consent of the party shall be presumed if he engages another pleader to
appear for him in such suit, appeal or other proceeding without offering on engagement to the
pleader whose services be originally engaged.
Explanation.—Notwithstanding anything herein before contained, a practitioner who discloses
to one client the information confided to him in his capacity as the legal practitioner of another
client without the latter’s consent, shall not be protected merely by reason of his being permitted
to appear for the other client under this rule.

(P. Dis. No. 48/49)

Note :—(9) When a suit is remitted by order of an appellate court for a rp-hearing or finding
on an issue, the proceeding on such order must be regarded as a further proceeding in the trial of
the suit, and consequently a pleader cannot change sides and hold a vakalatnama tor the party
opponent to the one for whom he appeared at the first hearing.
■
(2) A pleader retained by one party in a suit is not precluded from afterwards accepting
- -- or interest again comes under adjudica-
a vakalatnama from the other party, if-the same cause
tion in another suit.
(H.C. Cir. 679, dated Sth April 1869). ■
is? -
”*2b^A' Additional Counsel.—.An advocate or Pleader proposing to file an appearance in a suit,
I appeal or other proceedings in which there is already an advocate or pleader on record, may not
< do so unless he produces the written consent of such advocate or pleader or where the consent of
such advocate or pleader is refused, unless he obtained the Special permission of the court.

B. Presentation of Proceeding to the Court.

21. Presentation of proceedings and documents.—All plaints written statements, application-
and other proceedings and documents, may be presented to or filed in court by delivering the same
. personally to the Chief Ministerial Officer of the Court at any time during office hours the said
Officer shall at once endorse on the document the date of presentation, and if proceedings are
there by instituted, shall insert the serial Number.

1
 8

In the case of papers bearing court-fee stamps, he shall , if required issue a receipt in Form
No. 17.
(p:pis, No: 195 of 1948.) ''
22. Documents or proceedings not to be sent by post or telegraphs.—No document or proceeding
required to be presented to or filed in court, which is sent by post or telegraph, shall be received
or filed in court :
Provided that in cases where the Official Assignee or an official Receiver does not intend to
defend or contest any proceeding before court in which he is impleaded as party, he may inform
the court accordingly by a statement in writing in the form appropriate to the proceeding, and
sent it to the court by post or personal messanger. Such statement shall form part of the record
of the proceedings.
(P.Dis. No. 202 of 1942). -
Note.—(1) No pleading will be entertained which is vouched in language disrespectful to
the court, or to the judge of any other court or to any other PubliccOfficer or which contains terms
of reproach against the other party.
(2) Verbal corrections may at any time be made in pleadings with the permission of the
I
court.
(3) Where two or more pleadings are in any way connected with each other a note is to
be made by the party or his Pleader on each of such petitions, describing the others with which it
is connected.
(H.C.P. Dis. 734 of 1933.)
C. Posting of Cases.

23. Posting of suits, etc.,—(l)On the last working day in every week a list of the suits, petitions
applications, appeals and other cases appointed to be heard on each day of the next week but one
shall be posted on a notice board of the court. The list shall set out the serial number and short
cause title of each case, and the names of the pleaders appearing therein.
(2) Unless the Judge otherwise, orders, the case shall be called on the day and in the
order in which they stand in the list.
Cause List.—It has been observed that many of the courts do not posts cause list showing
the work to be done each day, but merely exhibit on the notice board what is practically
a copy of the A Diary (vide Civil Register No. 18, Appendix II, Volume II) showing the dates
to which cases dealt with on a given day are adjourned. For the convenience of the practitioners
and parties, the High Court Considers that a cause list (vide Civil Mis. Form No. 50, Appendix
III L, Volume II) should be posted daily on the notice board of each District and Subordinate
Court, showing the cases which will be heard in the succeeding day.

(H. C. Dis. 2319 of 1915).

24. Cases ready to b^,posted according to their order.—Unless the Judge otherwise orders
every case ready for disposal shall be posted and taken up according to its order on the file of
the court.
24-A. Exceptions.—(1) Any suit or proceeding for the prosecution of defence of which
a person in the service of the Government of the Union, or of any State,including a person subject
to the Air Force Act, 1950 or the Army Act, 1950 or the Indian Navy (Discipline) Act, 1934 has
obtained leave of absence shall be taken up and disposed of as far as possible within the period
of such leave and;

(2) In order to clear off arrears and to save the time of the courts by reducing the number
of applications to bring in the repersentatives of deceased parties etc. batches of suits and appeals
pending i ■ Civil Courts should be heard in future as soon as possible after they are filed, being,
posted before other suits and appeals which are ready for hearing. This instructions should to be
treated as an exception io rule 24 above Which should be followed in other cases.

i
 9
For this purpose batch, means five or more suits or appeals which will be governed by a single
decision.

(H.C. Dis. 84 of 1913).

24-B. Trial Court to fix the date of hearing of remand cases.—Tne court to which a case is
remanded under rule 23 or is referred for trial under rule 25 or for taking additional evidence
under rule 28 of Order XLI of the Code shall, as soon as the records of the case have been received:
from the Appellate Court fix a day for the hearing of the case and give notice thereof to the parties.
Note : In case where the appellate court remands any case to the trial court the records
should be sent by the Appellate Court to the trial court within four weeks from the date of the
order of remand.

D. Adjournment.

25. Adjournment to be a day certain.—AH adjournments should be to a day certain, if possible

and the day shall be fixed with regard to the convenience of the parties and the business of the x
court. Upon an application for an adjournment, the court shall consider the interest of all parties
and the particular circumstances of the case. The absence of the Pleader of a party or
I
want of preparation on his part, whether arising from insufficient instructions, oi otherwise,
shall hot of itself be a sufficient ground for an adjournment.

26. Proceedings not to be adjourned sine die or struck oft the file.—No suit, appeal matter or
proceedings shall under any circumstances whatever, or be adjourned sine die or struck off
other file if, by inadvertance, a day certain for the further hearing is not fixed by the court, or a
case is ordered to be struck off the file, the case shall be posted one month from Me day on which
it was before the court and taken up for hearing after notice to the parties;

Provided that in a suit for partition in which a preliminary decree his been passed and the
parties do not take proper proceedings on the date fixed for tne hearing after the passhg of the
Preliminary decree, the court may adjourn Lie proceedings, sine die, with liberty to any
the passing of a final decree.

27. Costs of adjournment.—Except where an adjournment is granted with the consent of all
1 parties, or it is necessiated by the business of the court or by the act or default of any other party
the party desiring an adjournment may be ordered to pay the costs thereof, including the expenses
of resummoning the witnesses, if any, and the fee of the pleader of the other party.
28. (1) Notice.—Any party desiring an adjournment may give notice in writing to the
II other party, or his pleader of his intention to apply therefor on the day fixed for the hearing r
and it shall not be necessary for such party to file a petition.

(2) Advancement of hearing.—Any party who desire that the hearing may be advanced
may apply therefor by interlocutory application of which notice shall be given to the other party.
(3) Notice of consent.—The party served with notice may give to the other party, or his
pleader, notice in writing that he consents to, or will oppose, such adjournment or advancement.
(
i
E. Interlocutory Proceedings.
29. Forms of interlocutory application.—Interlocutory applications shall be headed with the ’
cause title of the plaint, original petition, or appeal as in Form No. 13.

30. Contents thereof.—Except where otherwise provided by these rules or by any law for the
time being in force, an interlocutory application shall state only the order Prayed for and shall
not ,contain any statement of facts or arguments matter. Every application in contravention
of this rule shall be returned for amendment or rejected.

31. Notice.—(1) Unless the court otherwise orders notice of an interlocutory Application
shall be given to the other parties to the suit, matter or proceeding or their pleader not less than
three days before the day appointed for the hearing of the application.

(2) such notice shall be served on the pleader whenever the party appears by such pleader
144-17—2
 U)

(3) Notice of the application may be served on a party not appearing by pleader by regis­
tered post, acknowledges ent prepaid, to the address given in the pleading and in the event of
its non-service on the party or of the party not appearing on the day fixed in the notice, the court
may direct that the notice shall be delivered or sent to the proper officer to be served by him or
by one of his subordinates on the party . If the party be absent or refuses to receive the nonce
the procedure prescribed in rule 15 or rule 17 of Order V of the Code, as the case may be shall
be followed.

32. Prooi of facts by affidavit.—Any fact required to be proved upon an interfocutory pruce-
dings shall, unless otherwise provided by these rules, or ordered by the Court, be proved by affidavit
but the Judge may, in any case, direct evidence to be given orally; and thereupon the evidence
shall be recorded and exhibits marked, in the same manner as in a suit and lists of the witnesses
and exhibits shall be prepared and annexed to the judgement.

F. Affidavit.

33. Before whom may be sworn.—-Affidavit intended for use in Judicial proceedings may be
sworn before any of the following persons :—

(!) any Magistrate including a Village Magistrate or a Member of a Panchayat Court; t

(ii) an Advocate or Pleader other than the Advocate or Pleader who has been engaged
in the proceedings; ' -
(iii) a Notary appointed under the Notaries Act. 1952 or a Commissioner of oaths;
(iv) a Gazetted Officer or an Officer belonging to Group A or Group B of the Government
of Tamil Nadu as provided in G.O. Ms. No. 843, Personnel and Administration Reforms
(Personnel-M) Department, dated 11th July 1977, as amended by G.O. Ms. No. 577, Personnel
and Administrative Refoims (Personnel-M) Department, dated 11th May 1979.

(v) a retired Gazetted Officer receiving pension from the Government or a retired Officer
belonging to Group A or Group B of the Government of Tamil Nadu, as mentioned in Clause
(IV) supra.

(vi) a member of the Legislative council or the Legislative Assembly of any State or a
Member of Parliament. •

(vii) a Municipal Councillor;

(viii) a Member of a Panchayat or a Panchayat Union constituted under the enactments

in force ;
(ix) a Nazir, Deputy Nazir or Assistant Nazir ;

(x) a Village Administrative Officer :

(xi) the Manager of the Office of the Board of Commissioner for the Hindu Religious ,
and Charitable Endowments, or any Superintendent or Inspector Working under the Board ; and

(xii) a Sub-Registrar.

34. Filing.—Before any affidavit is used, it shall be filed in court but the Judge may, with the
consent of both parties or in case of urgency, allow any affidavit to be presented to the court and
read on the hearing of an application.

35. Notice on filing.—The party filing an affidavit intended to be read in support of an appli­
cation shall give not less than two days notice thereof to the other parties who shall be entitled
to inspect and obtain copies of the same and file affidavits in reply;but, except with the leave of the
court, no further affidavit shall be filed or read If any party fails to give notice of filing an affidavit
the court may grant an adjournment of the hearing and order the party in default to pay the
cost thereof. ,
 11
~6. Form.—Every affidavit shall be drawn up in the first person, and divided into paragraphs
nunweied consecutively and each paragraph as nearly as may be, shall be confined to a distinct
portion of the subject.

37. Description of deponent.—Every affidaivt shall state the full name, father’s name, sex,
age, occupation, and residence of the deponents and shall either be subscribed with his
signature in his own hand or marked by him.

38. Alterations^ interlineations. and erasures.—Any alteration or interlineation or erasures

shall, before an affidavit is sworn
’ affirmed be or
authenticated by the initials of-the person
before whom the affidavit is taken, and no affidavit having therein any alteration or
interlineration or erasure not so authenticated shall except with the leave of the court.
be filed or made use of in any matter.

39. Statement of persons before whom affidavit sworn.—The person LJ ’v.

before whom an
affidavit is taken shall state the date on which and the place where the5 same is taken
and sign his name and description at the end, as in Form No. 14 otherwise the same
shall not be filed or read in any matter without the leave of the court.

40. Blind or illiterate deponent.—When an affidavit is sworn or affirmed by any person

I who appears to the person taking the affidavit to be illiterate, blind, or unacquainted with
the language in which the affidavit is written that person shall certified that the affidavit
was read,, translated or explanied in his presence the deponent and that the deponent
seemed to understand it, and made his signature or mark in his presence, as in Form No. 15
otherwise the affidavit shall not be used in evidence.

41. Endrosement should state on iwhose

’ behalj filed.—Every affidvit shall been on endorse-
ment stating in whose behalf it is filed.

42. Affidavit stating matter of opinion.—Every affidavit stating any matter or opinion shall
show the qualification of the deponent to express such opinion by reference to the length of expe­
I rience acquiantance with the person or matter as to which the opinion is expressed or other
means of knowledge of the deponent.

I 43. Affidavit on information and belief.—Every affidavit containing statements made on the
information or belief of the deponent shall state the source or ground of the information or belief. '

44. Documents referred to in affidavit.—Documents referred to in affidavit shall be referred

to as exhibits and shall be marked in the same manner as exhibits admitted by the Court ; and
shall bear the certificate in Form No. 16 which shall be signed by the person before whom the
affidavit is taken. z

G. Original Petition.

45. (1) Original petition should state Act or authority under which it is presented.—Ah original
petition shall in addition to the particulars required by rules 7 and 8 also state the act or other
authority under which it is presented as in Form Nos. 5 and 6. If it is not intended to serve any
person with notice of the petitions it shall be so stated and the petition shall be headed as in Form
No. 6 ; but if the court directs any persons to be made a party the cause title shall be amended
and shall be in Form No. 1.

(2) Hearing.—Original petitions shall be heard and determined in the same manner as
original suits.

46. Application for transfer.—(1) An application for the transfer of a suit from one court to
another shall be made by original petition entitled in the matter of the pending suit as in Form
No. 17. Notice of the application in Form No. 18 shall be issued and served on the other parties
to the suit. ■

(2) Affidavit in support.—The application shall be supported by affidavit stating the respective
residence of the several parties to the suit the places in which the several portions of the subject
matter of the suit are respectively situate and the several juris ication within which the said resi­
dences and places are respectively situate and any other facts of which the application is based.
144-17—2A
 12

(3) Separate application.—A separate application shall be presented in respect of each suit
of which a transfer is sought and the court shall in each case record in writing its reasons for its
order.
Mote.—(1) Contents of transfer application.—Whenever an application is made to the
High Court (Section 23 clause 2 of the Code) for permission to transfer a case from one District
Court to another to hear in one District Court, a case in which a portion of the subject matter
is within the jurisdication of another District Court the application should clearly state the proportion
of the subject matter situate within each district Court. Where the application is made on
account of the residences of some of the defendents out of jurisdiction the defendents so resident
should be distinctly indicated. Otherwise it is impossible for the High Court to determine upon
the expediency or inexpediency of the person asked.
The same course shall be observed where the application is for permission to a Munsiff to hear
a case in which a portion of the subject matter is situate or some of the defendents are resident
within the jurisdication of another Munsif. •
(H.C.Cir. 21st December 1863)

(2) (a) Registering suits received by transfer —The Courts to which suits are transferred
should note the old numbers and the dates of institution in the suit Register within’brackts and
when acknowledging the receipt of the records should intimate to the courts in which the suit were
originally instituted the new numbers given to the suits. I
• (H.C. Dis. 707 of 1914) .

(Z>) Calculation of duration of transferred suit.—In calculating the duration, of cases

the time that the suit has actually been pending in a particular court should alone be
calculated. As case should be considered to begin to be pending when it is received in the
court whether by institution or by transfer and to cease to be pending when it is no longer before
the court whether as the result of disposal or of transfer to another court.
(H.C.P. Dis. 717 of 1934)

(3) No fresh vakalat necessary after transfer.—It has been brought to the notice of
the High Court that some of the subordinate courts are insisting on execution of fresh vakalats
when original suit are transferred from one court to another for disposal. The High Court
considers that such a procedure is unwarranted and that fresh vakalats should not be insisted
on, if the pleader originally engaged is willing to act the court to which the suit is transferred.
(4) Where allegations are made against a Judic al Officer for trasnsferofa suit or other
proceeding from his file an extra copy of the pettition as well as an affidavit shall be filed
along with the application for transfer. .

CHAPTER II.
PROCESSES.

Issue of Summons or Notice.

47. issue of summons or Notice.—In any proceeding in which summons or notice is to be

issued by the court to any person,the party presenting the plaint, memorandum of appeal* cross
objection or application shall also bring into court along with it a duly stamped application
for service together with a sufficient number of copies of the plaint, concise statement, memorandum
of appeal, cross objections or application and affidavit in support thereof for service on the party
concerned along with the summons or notice.
The copies above referred to shall show the date of presentation of the original and the name
of pleader, if any, who presented the same.
48. Parties to file process forms duly filled up.—(1) In all cases where processes of the
nature of summons or notices have to be issued the parties or their pleaders on whose behalf, such
summons or notices are issued, shall file with their application for the issue of processes, printed for
form or process in duplicate legibly filled up. The date of appearance and the date of the process
will be left blank, where the processes are to be sent by Registered post, the cover together with the
acknowledgement form with the name and address of defendant or respondent duly filled in
shall also be filed.
 13

(1) In the case of a summon the combined form as in Form No. 19 shall be used ana
the party or his pleader shall leave the portion relating to the purpose of the summons intact
leaving it to the court after it has determined the purpose or which the summons is
to issue , to strike out the portions of the form which do not apply and thus convert summons ‘
into one as per Form No. 1 or 1-A or 2 of Appendix B to the First schedule to the code.

(3) The parties or their pleaders shall sign the forms in the left bottom corner, and will be
responsible for the accuracy of the entries.
(4) Where orders for the issue of process are passed by the court the date fixed for appea­
rance will be inserted in the forms and the processes will be dated and signed by an officer of
the court duly authorised.
i
(5) The necessary number of printed forms of process will be supplied to the parties or
their pleaders at such rates as may be prescribed from time to time on application such Officer of
the court as the Presiding Judge shall direct. The cost so incurred shall be allowed to the parties
as part'of the cost for the preparation of process under rule 96 of the Civil Rules of Practice and
circular Orders.
I
(6) The Presiding Officer may, in his discretion, direct in any particular case, that the forms
of process be entirely filled up in the office of the court.
48 ^..Process iees to be paid to the Registering Officer:—In cases of attachment of immovable­
I property, process fee shall be paid both for communicating the order of attachment and order
raising attachement to the registering Officer within the local limits of whose jurisdication the
whole or any part of the immovable property comprised in such order is situate at the time of
paying batta in pursuance of the order of attachment.
49 Summons to Witness-—(1) A Party who desire the attendance of witnesses before the
court, or? before a Cc"’missioner appointed to take evidence, shall bring into the court, a h’st
in Form No. 20 of the -persons' whose attendance he requires, stating the full name, residence and
description of each person and whether he is required to give evidence as an expert or otherwise
or to produce any document. In the later case, the party shall specify the date, if any, which the
document bears and also give a description of the document sufficient to enable it to the identified.
The party shall along with such list deposit into court the prescribed fees for service of summons
whether the summons is sought to be served by the party himself or through an officer of court
and in the latter case also deposit the total amount of allowances to which the said persons are
entitled for the travelling and attendance at the court, and in the case of an expert of scientific
witness, also the allowances for qualifying to give evidence ;
Provided that where a party undertakes to effect services on the witnesses he need not deposit
any money into the court but shall indicate the amount of allowance payable to those witnesses
in the summons and the original summons duly endorsed into the court before the hearing
date. In all such cases travelling allowances not exceeding those specified in sub rule (2) shall be
taxed by an officer of the court at the time of drafting the decree. In all these cases, the amount
of allowances shall be paid to the witnesses by the parties themselves at the time of serving the
summons.
(2) Allowances : The said allowances shall be calculated according to the scale set out
below :
Scale of allowances to ordinary witnesses :
Maximum
allowance
Class of By Rail By public By Road By Sea or for subsis­
Witnesses. Motor canal. tence
Service. and other
expenses
per day .
(D‘ (2) (3) (4) (5) (6)'
Rs.
J Class First Class Actual fait. 40 paisc Actual 6 z
' fare. per expenses.
Kilometre.
 14

II Class . Ilnd Class Actual fare. 20 paise D.,.

fare. per k.m.
Ill Class ,. Hird Class fare. Do. lOpaise ' Do.
per k.m.

Provided that the court may, in exceptional c ^ses and for special reasons to be recorded in
writing, direct payment of travelling and subsistence allowances, to any witness, at special
rates, which may be in excess of the above scale:

Provided further that the travelling and subsistence allowance directed to be paid to a witness
who travels by air, under this provision, shall be admissible only (1) if the party obtains in advance
an order of court, permitting the witness to travel by air; and (2) if the witness certifies that he
actually travelled by air?

- " (3) The classification of witnesses for the purpose of this rule shall be on the following z'
basis ;

(a) Persons with annual income exceeding Rs. 6,000 are I Class witness. ' i
■' (b) Persons with annual income exceeding Rs. 3,000 but not exceeding Rs 6 000 ace
II Class witnesses ; and ° ’

(c) Persons with annual income not exceeding Rs. 3,000 are III Class witness ;
Provided also that for special reasons to be specified in writting the Presiding Officer of a court
may in exceptional cases place a witness in any class other than the one to which ne is entitled to
be placed under this sub-rule.

(4) Scale of allowances to expert or scientific Witnesses—(a) There shall be allowed such
fees being not less than Rs. 25, or more than Rs. 150 as the court may fix for experts or scientific
witnesses and such fees being not less than Rs. 25 or more than Rs. 50 per day as the court may
fix for attending the trial or hearing. The witness shall in addition be entitled to the'' travelling
allowances admissible for ordinary witnesses of his class.

(b) In cases where a public servant is summoned as a witness in a suit to which the
Government are a party, the total ambunt of allowances to be deposited by the party (other than
Government) applying for summons shall be in accordance with Order XVI, rule 4-A (2) of
the Code. • k 7

(c) In cases where a servant of the Central Government or a Railway employee is sum­
moned in his Official capacity as a witness in a suit to which the Government are not. a party
the total amount of allowances to be deposited by the party applying for summons shall be in
accordance with Order XVI, rule 4-B of the said Code.

50. Summons to an officer of the Secretariat or the houses of Parliament of the State Legis­
latures.—Not with standing anything contained in any other rules, where the witness whose ab­
sence is required for being examined is an officer in the Secretariat of the House of the People!Council
of States Legislative Assembly/Legislative Council (or any duly informed in the Secretariat of 1 he
House,) no summons shall be issued for his attendance but a letter of request shall be address* t

Speaker of the House of the People;

Chairman of the Council of Stales.

Legislative Assembly
in the form set out belows
^egislauve C'euacfl.
 13

lo
7 he- Speaker oj the House of the PeoplelLegislative Assembly.
The Chairn-an o'! the Council of States{Legislative Council.
Parliament House, New Delhi, Fort St. George, Madras.

Dated :
Sir,

Sub': Description of the Proceeding.

In the above proceeding, the Plaintiff/defendant proposed to examine an o'l'cer oi Pic

Secretariat of the

House oi the People/Council of States.

Legislative Assembly/Legislative Council (or any duly informed officer) as a witness in regard to
I the matters specified in the annexure. 1 have to request you to move the House, if-you have no
objection, to grant leave for the examination of the said officer in my court, and if such leave -is
granted to direct the officer to appear in my court at 11 a.m. on . . ..

I Yours faithfully.
Return of Service oj Process.

51. Return of Service.—(V) The return of the serving officer shall state the manner in which
II
the process w?c' served and the place and day and month of service, and also whether he is per
sonally acquianted with the person served, and if not, by whom such person was identified.

(2) If the person to be served refuses to sign the acknowledgement of service the return
shall state that he was informed of the nature and contents of the process, and in the case of a plain
that upon applying to the officer of the court, he could obtain a copy or concise statement of the
contents of the plaint.

52. Verification of return.—(1) The return of service shall be verified by the affidavit of the
serving officer; and all Nazirs, Deputy Nazirs and Assistant Nazirs are hereby empowered to
administer the oath to, and to take the affirmation of any process server.

(2) If the Process-server is not personally acquainted with the person to be served the
return shall be supported by a verification at the foot thereof made and signed either by a village
administrative officer or by respecu.bl. person who identifies him and in the latter case the
full name and address of such person shall be set out in the verification.

53’ Service by affixing to outer ■ioor—If a process is affixed to the outer dcor of a house •
in the absence of the person to be served, the serving officer shall make r.n affidavit as lo the
following matters:—

(1) The number of times and the dates and hours at which he went to the house :
(2) the attempts made by him. to find the person to be served;

(3) Whether he had any, and what, reason to suppose that such person was within the
house or its neighbourhood, or endeavouring to evade service, and

(4) Whether any adult male member of the family of the person to be served was residing
v. ith him.

Note. Procedure when defendant cannot be found al once.—It is intended that there should
be a bonafide attempt, not necessarily confined to a single effort, to find the defendant before
sei vice is I fid sufficient by affixing process to the outer door of his house.
 16

If the process server obtains appaiently.reliable information that the defendant is within t
jurisdiction, he should go a reasonable distance in search of him, if the information be that the
defendant will return in a short time he should await his return; if the information be that
defencant is not within the jurisdiction or if the process server can get .no information as to the
whereabouts defendant, the condition is satisfied.

The code prescribes that the court shall examime the serving officer. This examination should
not then be delegated to a ministeraial officer, and it should be conducted with the same formality
and completeness as the examination of a witness in the cause. The court has to determine from
the evidence so taken whether it is justified in pronouncing the service sufficient. It will be
convenient that this examination should take place immediately on the return of the process to
the court, so that the event of its being held that the service was insufficient an application may
be made for the re-issue of the process.

(H.C. Cir. 236 of 1881.) -

54. Notice Where summons is affixed to outer-door—If a summons to a plaint is affixed to the
outer door of the house, the serving officer shall affix therewith a notice that the defendant can
upon application to the officer of the court obtain a copy or a concise statement of the contents
of the plaint, and shall in his return state that he has done so and shall return the plaint or concise
statement to the court. If the summons has been sent by another court for service and the de­
fendant does not, within fourteen days from the affixing of the summons, apply for the said copy
it shall be returned to the said courts,

55. Translation of Process.—When a process is written in a language different from that of

the area in which it is to be served, the court transmiting it for service shall also send a translation
thereof in English and in cases in which the process has to be returned to any court outside the,
State of Tamil Nadu and the return is not in English or in the language of thatcourt, the proceedings
in Form 10, Appendix B Schedule I to the Code with which it is sent back to that court shall be
accompanied by a translation of the return in English.

Address for Service.

56. (1) Address for service of the defendant or respondent—Every party who intends to appear
and defend any suit, appeal or original petition shall, before the date fixed in the summons or
notice served on him as the date of hearing, file in court a proceeding stating his address for service.
(2) Address should be within the local limits of the Courtl—Such address for service shall
shall be within the local limits of the court in which the suit, appeal or petition is filed or the District
Court in which the party ordinarily resides.

(3) Procedure where party is not found at the address given.—Where a party is not found at
the address given by him for service and no agent or adult male member of his family on whom a
notice or process can be served is present a copy of the notice or process shall be affixed to the
outer door of the house and followed up by an affidavit or a verified petition filed by the Serving
Officer, in support of such affixing of the notice and such service shall be deemed to be as effectual
.as if the notice or process had been personally served.

(4) Where a party engages a pleader, notices or processes for service on him, shall be served
in the manner prescribed by rule 5 of Order III of the Code unless the court directs service at the
address for service given by the party..-

(5) Change of address to be by verified petition.—A party who desires to change the address
for service given by him as aforesaid shall file a verified petition and the court may direct the amend
ment of the record accordingly. Notice of every such petition shall be given to all the other parties
to the suit.

(6) Nothing in this rule shall prevent the court from directing the service of a notice or
-process in any other Manner if for any reasons, it thinks fit to do so.

(7) Nothing contained in this rule shall apply to the notice prescribed by rule 22 of Oror-r
KXI of the Code.
r

21

76-A. Production of documents in the custody of the Houses o {Parliament or of the State
Legislatures.—Notwithstanding anything contained in rule 75 where the documents which ar©
of the House of the People/Council of States,
required to be produced are in the custody-------------------------------------------- —
Legislative Assembly/Legislative Council,
no summons shall be issued but only a letter of request addressed to the
Speaker of the House of the People/Legislative Assembly
■in the form set out below :
Chairman of the Council of State /Legislative Council.
To
The Speaker of the House of the People/Legislative Assembly
Parliament House
The Chairman of the Council of States/Legislative Councils
New Delhi/Fort St. George, Madras.
Dated:
Sub—Description of the Proceeding.
Sir,
In the above proceeding, the plaintifl/defendant proposes to rely upon the documents of
specified in the annexure which are in the custody of the House of the People/The Councilor '
■ ■ I VW ................................. !■ I — _ —

States Legislative Assembly/Legislative Council

I have to request you. to move the House, if you have no objection to grant leave for the
production of documents in my court, and if such leave is granted to arrange to send the docu­
ments/Certificate copies of the documents so as to reach me on or before
by Registered post (Acknowledgement Due) or through an Officer in the Secretariat of the
house.
Yours faithfully,
(P. Ds. No. 96/67.)
77. Return of Original Document to the custody from which it was produced.—Whenever an
original document has been produced under rule 74 or rules 75 to 76-A the court, shall, unless
It sees fit to proceed under rule 8 of Order XIH of the Code return it to the' custody from which
it was produced, without any application under the provision of rule 7(2) or 9 of Order XIII
of the Code for its return. The provisions of Act V of 1917, the Destruction of Records Act
and the rules framed the reunder shall not apply to such a document until it has been returned
to the court or the public Officer by whom it was produced.
78. Deposit for postage costs.—If a record (not Falling within the provision of Article 11C
of the schedule II of the Tamil Nadu Court Fees and Suits Valuation Act, 1955) or document is
required to be sent by post, the court may direct the applicant to deposit in court a sum sufficient
to defray the postage of the same to and from the court. Unless the court otherwise order
costs, of, and incidental to, an application for production of records which are material
relevant to the case or which are sent for by the court of its own accord, shall be costs in the
case.
EXHIBITS.
79. Marking Exhibits.— (1). Exhibits admitted in evidence shall be marked as follows :—
(i) if filed by the plaintiff or one of several plaintiff with the capital letter A followed by a
Mumeral Al, A-2, A-3, etc.
(ii) if filed by the defendant or one of several defendants, with the capital letter B followed
by a numeral B-l, B-2, B-3, etc.
(ii i) if court exhibits with the capital letter C followed by a numeral C-l. C-2. C-3, etc.
(iv) if third party exhibits with ti e capital letter X followed by a numeral X-l,X-2, X-3
etc.
 22

(2) Consecutive Marking.—The exhibits fixed by the several plaintiffs or defendants shall be
marked consecutively.
(3) Marking in subsequent proceeding.—If in a proceeding subsequent to the trial of a
suit or matter, further exhibits are admitted in evidence, they shall be marked in accordance
:with the above scheme with numbers consecutive to the numbers on the last exhibit previously
filed.
80. Inspection of Exhibits.—If any party or his Pleader desires to inspect any exhibit, he
shall do so in open court, at the hearing of the suit or matter provided that, with the leave of
the Judge, such inspection may be had in the presence of an officer of the court to be named by
the Judge.
RETURN OF DOCUMENTS
81. Return of documents.—Applicatons for the return of documents filed in court shall
be made to the court in which they were originally filed. If any document has been transmitted
to any other court*- the former court shall itself apply to such court for the transmission of the
document and shall return it to the appellants.

CHAPTER IV
Incidental Proceedings
Commissions.
82. Application for commisson —(1) Every application for the issue of a coinmission shall
be supported by an affidavit setting forth the estimated expenses of the commission, and the
■ remuneration, if any, of the proposed commissioner.
(2) Commissioner fees —The court shall thereupon fix the amount of the Commissioner’
fees and direct payment thereof into Court or to the Commissioner direct on a day to be fixed
•by the court, and the commission shall not be issued unless the sum fixed by the court for the
purpose aforesaid is paid into court or the Commissioner direct within the period limited
therefor provided that the court may from time to time on the application of any party direct
that any further sum be brought into court by any party or direct payment thereof to the
- Commissioner. - g
83 Return of Commission —Every order for the issue of a Commission shall appoint a period z
within which the return of the Commissioner is to be filed in court. An application by any party
for the extension of the said period may be made by inter locutory application upon notice to the
other parties to the suit or matter and shall be supported by affidavit setting forth the grounds on
which the extension is prayed.
CHAPTER V
Judgement, decree and order,
84 Form of decree and Judgement.-—Every decree shall be headed with the full cause title
of the suit appeal or matter, the name of the Judge and the date on which it was passed, and
shall state ’the names of the parties or their pleader, who appeared at the hearing and shall be
drawn up in consecutive numbered paragraphs^ The judgement of the court shall be headed
in the same manner and shall also state the dates on which the case was heard as in Form No.
24 and a list of the exhibits filed and witnesses examined shall be annexed thereto.
85 Form of particulars of claim.—The particluars of the claim to be inserted in the Register
of civil suits and in the decree or order, shall follow as far as possible the forms of concise state-
'' ment given in Form No. 25 and shall contain the amount or value of the claim, and the date, when
the cause of action accrued.
86 Specification ofperiodical payments ^Where periodical payments are directed the
decree or order shall specify the date of the first payment, and the day of each month or year, on
which ' the subsequent payments are to be made, as in paragraph 5 of Form No ■ 2 of Appendix
in d.
 23

87. Statement of registration district in decree as to immovable property —Every decree with
respect to immovable property shall state, as part of the description thereof, the Registration
district or sub-district in which the same is situate and in cases where the value o f the property
is required to be estimated for the purposes of the Tamil Nadu Court Fees and Suits Valuation
Act, 1955 (Tamil Nadu Act XIV of 1955). There shall be annexed to the decree, a statement
of the particulars mentioned in Form No. 8 certified by the Officer of the Court; and a copty
thereof shall be furnished to every party applying for a copy of the decree.

88 Form of decree when application is under Order XXI. rule 11(1) of the code—When, after
passing the of a decree for money an appplications is made under rule 11(1) of Order XXI of -
the Code, the decree shall be made in Form No. 26

89. Where any instrument affecting immovable property registered under the
Indian Registration Act, 1908, is set aside, discharged or cancelled by an order of decree
of a Civil Court, the court shall forthwith cause a copy of the decree or order drawn
lipoa plain paper to be forwarded to the Registering Officer;provided where such order or
decree is modified, set aside or reversed, copies of further orders and decrees shall also be
forwarded to the Registering Officer.

(P. Dis. No. 96 of 1963.) /

90. Judgement in matter other than suits.'Tte Judgement and final Order in Matters Other than' z
suits or appeal including contested interlocutory applications execution petitions and execution
applications shall be in the same and Manners as the Judgment and Decree in a suit.

91. Setting aside exparte decree where money or property recovered under the same.—An order
setting aside an exparte decree or order under which a party has recovered any money or
property shall ordinarily 'direct the same to be brought into court or possession thereof to b®
delivered to a receiver pending the final disposal of the suit or matter as in Form No. 27.
92. Appellate decree reversing decree where money or property recovered.—The decree of an
appellate court reversing the decree of a lower court under which money or property has been
recovered shall direct the repayment of the amount or delivery of possession of the property
recovered as in Form Nos. 29 and 30.

93. Several appeals against same decree.—If more than one appeal is made against the same
decree the appeals shall if possible be heard together and one decree only shall be drawn up which
l shall be headed with the cause title of the several appeals.

94. Reference to High Court.—When a case is referred under rule 1 of Order XLVI of the
Code the court shall require the applicant to bring into court stamps requisite for service of notice
on himself and all other parties to the suit or appeal or if the reference is made on the motion
of the court the court shall require each party to bring into court stamps required for service
on himself and shall transmit such court fee stamps with the statement of the case.
95. Production of certificate of receipt forfee except in certain cases.—Unless the court otherwise
- orders and except in the case of an advocate or pleader appearing on behalf of the Government
or if a public servant whose defence is undertaken by the Government or of the Agent of the Court
of wards no fee shall in any case be entered as recoverable in a decree or order except on production
Of a certificate signed by the advocate or pleader that he has received such fee.
... Explanation.—The fact of a promissory note or other agreement to pay the fee having been
given or made by the client does not entitle the advocate or pleader to certify that he has received
the fee.
Note.—The explanation was added by G.O. 1720 (H) J., dated 31st July 1918 (H.C, Dis.
1410 of 1918).

96. (1) Statement of costs.—Each party shall within ten days from the date of judgment
or order or such further period as may be allowed by court bring in to court the certificate mentioned
in the preceding rule and a statement in the forms contained in Appendix D forms Nos. 1 and
2 and Appendix ‘G’ Form Nd. 9 to the first schedule to the Code and signed by him or his pleader
if any of the costs and expenses incurred by him and may include therein the costs of—
 24

(i) Pre-suit notice-, whether such notice is obligatory under any law or rule or not;
(ii) Preparations of process;
(iii) Making or getting copies of pleadings applications or affidavits which by the rules are
required to be served on the opposite partv;
(iv) Travelling allowance and batta at the prescribed scale to witnesses (whether {[summoned
through court or not) who have attended the court and given evidence or produced a document;
(v) Obtaining a copy including search fee of a public document including an encumbrance
certificate where such copy or certificate is relevant and marked as an exhibit or has been filed '
into court in compliance with any rule.
(vi) Any adjournment or interlocutory application allowed to him ; and shall give credit -
for any costs allowed to his oppenent and shall state the total amount claimed by him ;
(vii) Charges paid by a party for inspection of the’records in the court for the purpose of -
the suit.
The said statement shall be checked by the officer of the court who shall note thereon the
sums if any disallowed and the total amount allowed by him and shall sign the name. If any
party makes default in filing the statement the Officer of the court shall prepare and sign a state- '
ment of the amount of the institution fee if any and the Pleader’s fee as fixed by the Judge allo­ 4
wable to the said party. Each party shall be entitled to inspect and take a copy of the said state­
ment.
Unless the court otherwise orders no allowance shall be made for the cost of or occasioned
to any party by the amendment of any pleading.
The costs of preparations of process shall be calculated at the following rates :—
For preparation of Original Process—25 paise each.
For preparation of each duplicate process—5 paise each.
Subject to a minimum of 75 paise in each suit.1’ •'
For the price of process forms—Amount paid under rule 48 (5).
The cost of the suit notice shall be Rs. 10 in suits of a small cause nature not more than Rs. 25
in original suits in District Munsif Courts and not more than Rs. 100 in Original Suits in Sub- -
Courts and District Courts.
In appeals the costs of the certified copies of the judgement and the decree of the lower courts ,
filed with memorandum of appeal in compliance with the rule shall be included in the statement
of costs.
‘ (2) The statement referred to in sub-rule (1) shall be signed by the judge-, and shall form part
of the record of the case and the total amount of costs allowed to the parties shall be inserted in '
the decree or order before the same is signed by the Judge.
(P. Dis. No. 61/66). '' ,
97. Costs, when set off allowed.—If a defendant is allowed a set off claimed by him, the court
may in its discretion allow costs to the plaintiff in respect of the suit, and to the defendant in respect
of his set off. The total amounts of the said costs respectively shall be inserted in the decree or
order, and shall be set off against one another and the decree or order shall direct payment of the
balance to the party to whome the same is due, as in Form No. 31.
- A A. In cases in which the court direct that the'
/ - '. -'plaintS and defendant and
—•— do pay-------
appellant or respondent or or
receive proportionate costs, the whole costs incurred by each party, including court-fee, pleadtrt
fees, batta, etc., shall unless the court otherwise directs be ordered t o be paid and/or received in the
proportion in which the parties have respectively failed oi .ceded.
(P. Dis. No. 339 of 1941.)
 *
26

108. Declaration by Court.—If the court finds that any items have been incl'vM in the books
of account which do not form part of the transactions in question, or are not properly chargeable
to any party, or that any transactions have not been included in the said books, it shall declare
generally the nature of the transactions or items to be excluded or included in taking the accounts
as in Form No. 35 and the Commissioner shall be empowered to state what in his opinion, should
be allowed or disallowed in these respects as in Form No. 36.
109. Report of Commissioner.—The Commissioner shall make his report in the manner,
prescribed by Form No. 37, and shall annex thereto a statement of the proceedings had before
him,together with lists ofthe witnesses examined and exhibits marked by him. If he is empowered
to state his opinion on the matter referred to him he shall append to his report schedules setting
out the several contested items allowed or disallowed by him, and stating shortly his reasons for so
doing as in the said form.
110. Consideration by Court.—At the adjourned hearing of the sui the court shall consider
the objections, if any ofthe several parties to the statement of account and balance sheet or to the
report ofthe Commissioner and may, if necessary, direct any party to bring in a fresh account and
balance sheet or refer to the Commissioner with fresh directions, as to. the manner of vouching or
taking the accounts.
CHAPTER Vfc
f
/SPECIAL PROCEDURE IN PARTICULAR CASES
A. Minors andpersons under disability.
111. Plaint or original petition on behalf of Minor.—When a Plaint or original petition is
presented by a person as the next friend of a plainti.ff who is a minor or under disability he shall
at the same time file an affidavit by some disinterested person that he has no interest, dir ect or
indirect, in the subject matter of the suit or matter adverse to that ofthe plaintiff that he is not a
defendant or respondent in the suit or matter and that he is a fit and proper person to act a s next
friend.
412. Appointment ofguardian adlitem.—K the plaintiff applies for appointment of a guardian
adlitem of a minor defendant,he shall give not less than six days’ Notice of the application to the
father, or guardian or custodian of the minor.
113. Placing guardian in funds.—When a guardian adlitem of a defendant who is a minor or
a person under disability is appointed and it is made to appear to the court that the guardian
is not in possession of any or sufficient funds for the conduct of the suit on behalf of the said
defendant, and that the defendant will be prejudiced in his defence thereby, the court may,from
time to time, order the plaintiff to pay through or in the presence of the court moneys to the guardian
for the purpose of his defence, and all monys so paid shall form part of the costs of the plaintiff
i nthe suit. The order may be made conditional upon the guardian filing court his accounts of
the money so received by him.
B. PARTNERSHIP SUITS
z114. Parties._ Tn a suit for dissolution of partnership, or for an account of partnership
dealings^ all the partners, and all persons entitled to share in the profits of the partnership business
shall be made parties. The Plaint may be as in Form No. 38.
115 Inspection of books of Account by parties.—If at any [time it appears to the court that
anv nartv has not had inspection of the books of account or papers of the partnership, either
through his own neglect or the default of any other party, the court may order the same to be
nroduced for his inspection at the court house or other convenient place ; and if any party alleges
that the books of the partnership do not correctly set forth all the dealings and transactions of the
firms or contain items of transactions not proper to be included therein the court shall direct such
nartv to furnish particulars of the errors or irregularities complained of as in Form No. 39. The
heanng ofthe suit shall then be adjourned and the party in default may be ordered to pay the costs
of the adjournment.
z116. Impeachment of settled account.—If any party desires to impeach a settled account on
the around Of error he shall in his plaint or written statement set out the specific errors or irregulari­
ties alleged by him if on the ground of fraud or a mistake affecting the whole account, he shall in
his plaint or written statement set out full particulars of fraud or mistake alleged by him.
I
27
117. Preliminary decree where partnership and books admitted.—If at the first hearing of the
suit, the partnership and the terms thereof, and the correctness of the books of account are admitted
and it is only necessary to take an account, the court may at once pass a preliminary decree
specifying the account to be taken and the manner of taking the same.

118. Matters to be determined at hearing.—At the hearing of the suit, the court shall determine
the persons who are partners of the firm, and who are entitled to share the profits thereof and the pro­
portions in which they are entitled to share profits and are liable for losses and also whether the
books of the partnership have been regularly and properly kept and correctly represent the
transactions and dealings of the partnership, or if any allegations have been made in this behalf
by any party, whether there are any errors or irregularities therein, or any Party has been guilty of
fraud in respect thereof. If the court finds that there are errors or irregularities in the accounts or
that fraud has been committed, it shall declare generally the nature of the said errors,or irregula­
rities, or fraud or the particular transaction in respect of which the same has been committed as in
Form No. 35.
119. Court to give directions as to taking accounts.—At the hearing of the suit, the court shall
also determine what accounts are to be taken and from what date and give such directions as such
may be necessary for taking the same in the manner prescribed by rules 100—110 and shall direct
what notice, if any, is to be given, by advertisements in the local newspapers or otherwise of the
dissolution of the partnership. The court may if a receiver has not been previously appointed,
appoint a receiver for the assets of the partnership. The court shall then pass a preliminary decree
I in Form No. 40 or Form No. 41 and shall adjourn the further hearing of the suit to a fixed day.

120. Error in settled account.—In the case of a settled account, if errors or irregularities
are proved, the court may eithei rectify particular items, or give liberty to any party to file a state­
ment of objection and surcharge if fraud or a mistake affecting the whole account is proved, the
court may, direct an account to be taken from the date of the settlement of accounts, if any, pro­
ceeding the fraud or mistake.

121. Commission to take account.—If Commissioner is appointed to take an account he shall

take the same in accordance with the directions and finding of the court as contained in the pre­
liminary decree or in a subsequent order, if any, made under the provisions of Rule 17 of Order
XX of the Code. Except as aforesaid, none of the matters mentioned in rules 118 and 119 shall be
referred to or dealt with by a Commissioner.

122. Order for discharge of debts and liabilities.—When the accounts of the firm have been
duly taken and approved by the court, it shall pass an order providing for the discharge of the
debts and liabilities of the firm, and for the retention in court of a sum sufficient for payment of
any costs, charges, and expenses of the suit properly payable out of assets, and adjourn the suit
to a fixed day.

123. Distribution of assets where they exceed the liability.—(1) If the assets exceed the debts
and liabilities of the firm and if the parties agree to retain the assets in their hands respectively
on account of their respective shares in the firm, the order in rule 122 mentioned may also provide
for the payment of any balance which may be due by the firm to any of the parties, after debiting
them with the estimated value of the assets in their hands. The order may be in Form No. 42,
or if a Commissioner has been appointed to take the accounts or a receiver has been appointed in
Form No. 43. If the parties apply for the distribution of assets in any other manner, the order
may direct the realization of sufficient assets to discharge the debts and labilities of the firm,and
toprovide for equality of partition, as in Form No. 44. At the adjourned hearing, the court may>
if the terms of the said order have been complied with, pass a final decree in Form Nos. 45 ,46 and
47 according to the circumstances of the case.

(2) A final decree effecting a partition of partinership assets shall be engrossed on Non-judicial
stamp paper of the same value as that required for an instrument of partition.

(P. Dis. No. 416/46.)

124. Procedure where liablities exceed the assets or where parties do not consent to a distri­
bution of assets..—If the debts and liabilities exceed the assets of the - partnership or the parties
do not consent to a distribution of'the assets the court shall direct the balances due from the several.
partners to'be paid into court and the assets to the realised as in Form No. 44 and' if, at the
adjourned hearing it appears that the debts and labilities have been fully dicharged the court may
pass final decree in Form No. 46 omitting paragraph 4 thereof.
144-17-4A
 28
-•''125. Appointment of receiver on default ofparty— If any party ordered to make any payment
or to do any other act, fails to comply with the order of the court any other party may apply that
a ieceiver may be appointed to collect and realise the assets of the firms and for an injunction to
restrain the party in default from retaining of parting or dealing in any manner with the said :
assets.
126. Form of Orders.—An order for an injunction in a partnership suit order on appeal
varying the preliminary decree and an order on appeal from the final decree reversing the same
and appointing a receiver may be as in Form Nos. 48, 49 and 50 respectively.

CHAPTER VII.
Copies and Copyist Establishment
A. Certified Copies.
127. (1) Application for certified copy.—When a person is entitled to obtain a copy of a
proceeding or document filed in or in the custody of the court he may present an application therefor
to the superintendent of copyists or where there is no such officer to the Chief Ministerial •
Officer in person or by his pleader or the latter’s authorised clerk between the hours of 11-30 a.m. >
and 3 p.m. If the proceeding of document has been sent to another court the application may at <
the option of the applicant-, be forwarded to the said court for compliance or be returned to him
for presentation to the said Court: . •
Provided that if an application is made by any parry for a copy of the evidence recorded in.
accordance with clause (ii) of sub-iule (a; ol rule 5 of Order XVIII of the code before the con?--
•mencement of the recording of the evidence the charges for the supply of the copy will be forty
paise for every 175 words.
(2) Any person who is entitled to obtain a certified copy of a judgement or order of the court
may immediately after the judgment or order is pronounced apply in writing to the court for a
typewritten (carbon) copy thereof stating the reasons for the urgency. If the court is satisfied of
the urgency such a copy shall be issued on plain paper. The charge for such a copy shall be what
would have been payable if the copy had been issued on copy stamp papers. The copy so issued
shall contain all the entries specified in the rules hereinafter provided and shall have the same force
and effect as a certified copy :
Provided that the charges due under this rule shall be r pre-paid in the form of courtfee within'
three days of the same being called for as per the list published in the notice Board.
Provided further that such charges may be directed to be recovered from the parties concerned
under the provisions of the Tamil Nadu Revenue Recovery Act, 1864(Tamil Nadu Act 1 of
1864). ■
(3) Copies of proceeding of the High Court. —An application for copy of a plaint written
statement memorandum of appeal: judgement decree or other proceeding of, or in the custody
of the High Court may be made by any party to such proceeding to the Court of first instance, or
to the lower appellate court and shall be transmitted by the said court to the Hight Court for
disposal. The copy if granted shall be transmitted by the High Court to the former court and
on payment of the prescribed fees, shall be delivered to the applicant.No copy of any proceeding
of the High Court shall be granted by a subordinate court. An application by a person not a
"party to the proceeding shall be made directly to the High Court.
Note.—(1) Application for copies ofJudgement of the High Court.^ffi) Applications by persons
not Parties.—District Judges have no authority to grant sanction to persons not parties to the
proceedings to take copies of the judgements or orders of the High Court. Applications should
be made to the High Court under rules 8 and 13 of the consolidated copyist rules.

(H.C. Cir. 737 of 1907.)

(b) Powers of the Registrar High Court to deal with such Applications.—The disposal of all
applications for copies of Judicial records of or in the custody of the High Court Appellate Side
presented by persons who are not parties to the proceedings to which such records relate shall be
deemed to be a quasi-judicial act which may be performed by the Registrar.
■ r
 29

The rule, dated 13th August 1902, Dis. No. 640 of 1902, on the subject is hereby cancelled, '
(2) Authority offirst Grade pleaders to file applications.—A. firstgrade Pleader who appeared
for a party in the District Court can apply for copies of the Judgments, Decrees and Orders, passed
by the High Court in appeals and other proceedings on its file preferred frem the decrees and
orders of the District Court. A Court fee stamp of Rs. 1.50 should be affixed to the vakalat.
presented with such applications.
(H.C. Dis. No. 2189 of 1918, as amended by Dis. 1674 of 1922.) •
128. Fornt of Application.—(1) The applications shall be in Form No. 51 and shall set out the
name of the applicant and his position in the suit Or proceeding and a description of the documents
of which a copy is required and an application which is not in proper form shall be returned for
amendment.
Note I—Ptocedure in Applying [or copies.—Every application for a copy shall be addressed
to the judge of the court in which the document if for the time being retained but where an appli­
cation is made in any court for copies of record or of any portion of a record which has in due
course been forwarded to the District Court the application may be forwarded to the District Court
and it shall thereupon be the duty of the proper officer of the District Court to inform the total
local court of the number of one rupee papers required for the copy. When the required number
of stamp papers has been f orwarded to the District Court, the copy shall be made in due course as
provided in these rules and shall be forwarded by post to the local court for delivery to the appli­
cant. But where this procedure would entail delay and where the applicant prefers to apply
for the District Court direct the applications presentation may be endorsed and returned to the
applicant for presentation in the District Court.
The cost of the transmission of applications and stamps foi copies under - preceding para- /
^raph shall be met out of the contingent grant.
(Rule 8 of the Consolidated Copyist Rules, 1917.) .
Note II—Defective applications.—(a) Applications not complying with the requirements
of the rule are not to be received until amended in respect of the matters in which they are
defective.
(Rule 10 of the consolidated Copyist Rules, 1917).
(b) All other applications shall be received and at once entered in Register-A (Civil Register -
No. 26) Applications found defective after being entered in Register-A shall be returned for
amendment.

Note III Court fee on application for copies.—(a) The instructions that’
applications for copies of records by persons who are not parties to the proceedings concerned
should be included in Statement No. IX Part-2, are not affected by the ruling in High Court Cir- x
cular Dis. No. 105 of 1908 which refers only to the stamps fee leviable on such applications.
(b) Superintendent’s responsibility regarding entries of court-fee on copy applications
and vakalat. As regards copy applications and other papers received by the superintendent of
Central Copyist establishment, under rule 127 (1) supra the responsbility for the receipt of any '
stamp previously used and for carrying out the instructions as to the punching of stamps shall rest
upon the Superintendent and not upon the Chief Ministerial Officer.
(c) The total amount of court fees on all applications for copies received by the superinten­
dent shall be intimated by him to the Chief Ministerial Officer who shall enter it in Civil Register
No. 20 of the court to which the Central Copyist Establishment is attached.
(cf) Vakalats accompanying copy application and the court fees thereon shall be entered
in Registers Nos. 19 and 20 of the Court to which the Central Copyist establishment is attached
instead of m the registers of the Courts to proceedings in which such vakalats relate.
(H.C. Dis. 481 of 19I9).-X"
II rt O re8arding ePtries to be made in Civil Register Nos. 26 and 27 vide appendix

' Note IV—Levy of Stamp Duty under Article 24, Schedlue 1 ofthelndian Stamp Act 1899 on
certified copies granted by Courts.—Certified copies of all documents other than those coming under
Article 9 of Schedule II of the Tamil Nadu Court fee Act are chargeable with stamp duty under
 30

article 24 of schedule I of the Indian Stamp Act, 1899,1.E., they should be granted by courts only
on production of the requisite non-judicial stamp paper together with the copy stamp papers required
under the Copyists rules.
(2) A party may file along with his application such number of stamp papers as are in his
opinion sufficient for the purpose.
(3) When applications are returned for rectification of defects a limit of seven days shall
be fixed for their representation. Defective applications which are not taken back by the
parties or not represented within the period specified above shall be struck off by the
Superintendent of Copyists or where there is no such officer, by the Chief Ministerial
Officer.
(4) Copies of the Judges’ minutes or correspondence not strictly judicial or generally
of any confidential proceedings will not be granted.
(5) In cases where it is doubtful whether the document of which a copy is applied
for is one for which a copy can or ought to be granted and in all cases, where the appli­
cant is not a party to the suit or proceeding, the application shall be placed before
the Judge who shall decide whether it should be granted or refused. If the application
is refused by the Judge, it shall be returned to the applicant with the order of the Judge
endorsed thereon. 4
129. (1) Notice as to stamp papers.—Every day between the hours of 3 and 5. p.m. a list
showing* the applications, in which the records have been received and the number of
stamp papers required shall be prepared and affixed to the Court’s notice board. Such list shall
remain suspended for three working days. If the required stamp papers have not been deposited
by 3 p m on the next (fourth) working day, the application shall be struck off. Between
the hours of 3 and 5 p.m. on each of the intermediate days, the application upon which
the requisite deposits have been made shall be struck off the list. The procedure above
' prescribed shall apply also to calls for additional stamp paperi when the number first
supplied has been found to be insufficient. Provided that, where the additional stamp
papers called for are not deposited, but the stamp papers originally deposited are sufficient
for the preparation of complete copies of one or more documents applied for the appli­
cation shall be struck off only as regards the documents which cannot be prepared
by reason of the insufficiency of the stamp paper supplied ; but it shall be complied with
by delivery of such of the completed copies as can be prepared on the stamp papers
supplied, The decision of the Superintendent as to the documents to be selected for
■copying shall be final :
Provided further that it shall be open to the parties, after obtaining the previous
order of the Chief Ministerial Officer of the court or such other person as the court -
may appoint for the purpose to furnish white foolscap paper of durable quality with
the”7 requisite court fee stamp affixed on each sheet in the place of the stamp papers
called for, and the rules applicable to the preparation of copies on stamp papers shall
apply to the copies so prepared.
(2) Any application for copies struck off under the above rule, may be restored
by the court on a petition supported by an affidavit preferred for that purpose. The z
netitioner may deposit the required copy stamps along with the petition for restoration
of the application for copies. If he does not do so, the required stamps should be called
for in the usual course, after the application is ordered to be restored.
Every certified copy furnished after such restoration of the application for copies shall
bear an endorsement showing in addition to the details specified in rule 133 infra, the
following namely.—
(1) the date on which the applicationwas struck off; -
(2) the date on which petition was filed to restore the application ; and
(3) the date on which the application restored to file. /
Note (1)—It is open to the applicant to furnish the necessary stamp papers as
soon as their pjobable number is known. The thiee working days are allowed to give
him reasonable time but all delay must court against him. /
 31

(2) List so put up shall remain filed in the copyist Department for six months
and shall then be destroyed.

(3) When an application is struck off in whole or in part, the incomplete copy
in every case shall be destroyed after 12 months from the date on which the application
was struck off unless such copy is completed before the expiration of the period in the
manner provided in rule 130 below.
129-A. Order in which applications should be complied with.—Tas preparation of the
copies oi all documents applied for or sUch of them as admit of being copies
in full on the stamp papers deposited shall (as far as possible) be undertaken in accor­
dance with the serial order of applications except when the presiding officer of the Court
or in case the applicant is to a District Court or Subordinate Judge’s Court, the Judge
or the Chief Ministerial Officer of such court makes a special order for precedence as
regards any particular application provided that in complying with an application for-
copies, copies of decrees and judgements, if any, comprised in the application shall have
precedence over copies of other documents applied for. A. special order for precedence
& as regards any particular application shall be made only on a separate application duly
stamped under the court fees. Act and praying for such order.

130. Posting of list oj copies ready for delivery.—A list of <copies ready for delivery
shall be posted on the notice board of the court, and shall remain thereon for ' • three
clear days other than holidays. The copy and any unused stanat) papers shall be delivered
to the applicant between the hours of 10.30 and 11.30 ;n the morning and 3 and 5
in the afternoon and if the copy is not claimed by the applicant within twelve months
from the date of posting the said list, it shall be destroyed.

Note.—The list shall be prepared in the prescribed form (Vide C.M.F. No. 45 in
Appendix III-L. Part II, Volumell) between 3 p.m. and 5 p.m. each day and affixed
• to the courts notice board at 10.30 a.m. the following morning.

As copies are delivered to the applicants concerned: the appropriate entries shall
be struck out of the list. After the expiry of the three working days: the list shall be
taken down and filed in the Copyist Department for 12 months and shall then be
destroyed.

130-A. Disposal of incomplete copies and unused stamp papers.—(1) Where an appli"
cation is struck off in whole or in part under rule 129 (1) the incomplete copy o^
every case shall be destroyed after twelve months from the date on which the applica-
tion was struck off but may be completed if the necessary additional stamp papers
’ ..... .

> F deposited under the orders of the presiding officer of the court within six months from
I the date of striking off and may then be delivered in the usual manner. No party shall
be entitled to a return of stamp papers which are used but on which an incomplete
copy is written.

(2) Where parties have furnished the required number of stamp papers- but some
remain unused owing to the copyists writing, too closely: the presiding officer of the
court shall forward the unused stamp papers to the local or the nearest treasury officer.

* (3) Where however stamp papers have been furnished in excess of required or
where an insufficient number of stamp papers has been furnished and the applicants-
fail to furnish the additional number of stamp papers within the given period notice
shall be given to the parties that the unused stamp papers will be held at their disposal
for a month from the date of notice and will be sent to them by registered post if within
the above period they remit the cost of despatch which should be stated in each case.
If the amount be not remitted and no arrangements made to take delivery in person
within the period fixed the unused stamps shall be sent to the local or nearest treasury
officer. All stamps so sent to the treasury officer will be treated as cancelled.
 35
13. (27). Gate of salaries.—(a) The Salary of an examiner shall be Rs. 555—15—015—
20—795—25—970 (4th Pay Commissio^ ‘ ‘ / per mensem.

(b) The salary of a Superintendent shall be as follows

(1) Rs. 780—35—1,025^10—1,385 per mensem (4th Pay Commission) where the
Copyists of two Cvt rts are amalgamated in one office ;
(ii) Rs. 535—15—615—20—795—25 -970 per mensem where the copyists of more than
two courts are amalgamated in one Offic< (IVth Pay Commission);

Provided that Superintendents of Copyists

L... not possessing the minimum general
educational qualifications shall be admitted only to the lower scale;
(iii) In any case in which the High Court may sanction the. appointment of an; assistant
Superintendent, his salary shall be Rs. 61J-2C- 730—25—955-30-1.075
i—2C—730-25 mensem (4th
955—30—1.075 per mensen
'Pay Commission.) I
(c) In any case in-which-the HigLCoiAt may sanction the appointment.ef a reader, his-
salary:shalbbe.Rs. 555^15^1-5^2b^795^5^970^per menseta. (4th pay Commission).
(/) The. Salary of an- enrolled copyist sial! be proportioned to the.amou nt .of work-Gone-
I
by him .provided that no enrolled copyist shall receive less than Rs. 20 per mensem. It will be
open to. all'Copyists to ■datn,as^providedirilr.u<le l&without'limitationtof amount, allowances
in. eXcess ofiRs.-201
. . (e) The salary.oCata attend'er, where appointed, shall not exceed’ RS. 475—10—555—15—
^1^20—77^(4th.PayGommi^ion).
The increments tc the salaries of examiter, superintendent, assistant superintendent and
reader shalhbe annual.
NOaE.^I; The practice /of paying, tern, rary copyists during the vacation-may continue
in cases in which their temporary appointment have not ceased when the vacation begins (Ha ..
Dis. 725 of 1907).
Superintendent} Assistant Superintendent, Reader, Copyist or
(2) Every. Examiner, Superintendent;
Attendei who was iri.the service oPthe Government!before 15th Avgust 1931 inia substantive,
officiating of-temporary
Officiating shaihbe entitled to the: existing.
of-temporary ’Capacity, .shallibe payment-ioned in this
existing, scale of paymeationed
rule in reSpect of any post-which he holds of ma^ hold, ifhe.had held-SL-ch-post^^bstantive,
-officiating^or temporary-capacity or. had been h probationer therefore, at any time before the
4tih. October 193?,irrespective of any break in jris.tu-nnre ofisuoh po'st

13-A. New scale' of pay.—Every Examiner, Exami: Superintendent, Assistant Superintendent,

Reader, Copyrstor Attender.who wasmot in-the service: of the Government- before- the 15th
■Augu^iSuX
.... » Whether- in- alsubstantive,
I WilVUiVl ‘in -4 officiating ------ u. x— - Kt.who
or temporary capacity
’• —
a -
has- before
- --------------- **

the ;4th'.October 1933, held-any-post-on the 'exist ng scale of payimentio.ned in-ru le -13, shall be-
entitled only -to. the following new- shale,-of pay. in.respect-'of shch post
(Based’O i IV-Pay.Commission).
;(a)^Examiner—-Rs.' 555W5—615—20—795- -25—970.

(1) Where the copyist of two courts are amalgamated in one office ;

(2).Rs.: 555-^15'^6.15—20—795.^25—970 where: the. copyists'of more than two coi rts
are amalgamated in one office ;
(5) Superintendent—
Provided that Superintendents of Copyists not possessting minimum general educatione I
qualifications shall be admitted only to the lower scale.
(c) Assistant Superintendent—
Rs. 610—20—730—25—955—30—1.075.

144-17—«A
 36

(J) Reader— \
Rs. 555—15—615—20—795—25 -970.
(e) Copyist—
Rs. 555—15—615—20—795—25—970.1
(/) Attender—
Not exceeding Rs. 475—101-555—15—615—20-775.
Provided that all service rendered by any st ch officer, in su ch pc st tefc re the 4th Cctober
1933 shall count for increments in the new scale of pay :
Provided further than unlesk the Provincial Government otherwise direct, in any class of .
cases, a personal pay shall be granted to such officer eqv ivalent to the difference between (a) the
pay last drawn by him in the existing scale of pay and (b) the pay to which he wor ld be entitled
in the new scale n nder this ru le.land any special pay, Presidency, allowance or Madras hoi se>
allowance granted in lien of any pbrtion of the pay in the existing scale. Sr ch personal pay shal
be absorbed in future incrementsun the manner specified in Fundamental Rule 37. gg f
14. (28). Salaries how io be Ir&wn and lisbursed.—The salaries of the copyists establishment!!
shall be drawn of ceda month by a bill, in the same form as that u sed for the regi lar estab Jisd
ment’s pay, on the nearest Government Treasr ry and the amor nt so drawn shall be distribr te -
by the head ministerial officer of tne court to which the copyist establishment is attached, and
the signatu re o < the nayees taken fn the same manner as those of the payees of the regu lar est­
ablishment.
15. (29). hems of cxpenaiture wered by the stamp paper.^-The present 70 paise stamp
paper is for copying 175 words, this charge includes, besides the cost of the paper in whch
the stsmp is impressed, the cost oflcopying examining and certifying to the correctness of their
copy. I
16. (30). Copyists allowances—How to be ca culated.—The amount of allowances, if any,
due to each copyist in excess of the Vninimum prescribed by rule 13 (d) supra shall for each-
month be asertained from and accounted for in Register D (Civil Register No. 28). For tbe-
purpose of calculating such extra payments, if any, the hire debitable in Register D on accou nt
of the copyists work shall beat the rate of 70 paise for 175 words or a fraction of 175 wordsk
But extra allowances under this rule shall always be subject to a recovery being made up.to.the
amount of any excess paid to the-copuyists in either or both of the two last working months j.j
order to make up this minimum salary. J
Every calender month in the year, except the two months in which seme part of the anni’ al
recess falls, shall be treated as a working month for. the purposes of-this rule. Iftherecess of
a court extends into three months, the twb months in which there is the smallest number of
working days shall alone be reckoned aslthe two non-working months for that court.
17 (31). Supply of stationery articles},-Stationary incluside cf pens, ink, pencils, blotting
paper, rulers, etc., will be furnished to thi copyist establishment from the supply received by
the court on indent from the Superintendent of Stationery. The estimated cost of such stationery
will be debited monthly in Register E (, iv|l Register No. 29) to the copyist establishment.
18 (32) Post declared pensionable.—Seb-vice on the copyist establishment as si perintenderit
stant s perintendent, examiner, reader or•r attender shall qualify fcr pension, but not service
a sa copyist.

Examiner-Rs. 555-15—615—20- 795 - 25- 970.

Reader-Rs. 555— 15-615-20-795- 15- 970.'

Attender-Rs. 475- 10-555-15-615 -20—775.

Copyist—Rs. 555—15—615- 20— 79c- >75- 970.

 37
The increments to the salaries of sxaminer and reader shall be annual as stated above :

Note.— Every examiner reader c< pyist or attender who was in the service of the Govern­
ment before the 15th August 1931 in <. substantive officiating or temporary capacity shall be-
entitled to the existing scale of pay mei tioned in this rule in respect of any post which he holds
or may hold if he had held such post j q a substantive officiating or temporary capacity or had
been a probationer therefore at any tin i e before the 13th April 1933 in the case of Small Causes
Court, Madras, or before the 4th Octol er 1933 in the case of City Civil Court, Madras, irrespec­
tive of any break in his tenure ot su :h post. 1
(ii) Nev^scale of pay.— Every ^xaminer ,reader, copyist or attender who was not in the
service of the Government■ before
' " the
' 15th August 1931 whether ..I...’.... in.1 a substantive officiating
r ’ '
or J)ut who^ has, "before " *
the —
19jh April' 1933 --------- ■
in the case of the Small Causes Court
Madras, or before the 4th October 193^3Z-...'...
.................. in the case
----- of J City CivilCourt, Madras held any
post on the existing scale of pay mentku. ned",in rule 20 (b) (i) shall be entitled only to the following:
new scale of pay in respect of such post

(Based on IV Pay Commission.)

(1) Examiner—Rs. 555—15— 615—20—795—25- 970.
I
(2) Reader-Rs. 555—15- 6154 20-795—25- 970.
(3) Copyist- Rs. 555- 15- 6151-20- 795- 25- 970.

{4) Attender-Ks. 475—10-555- 15-615-20- 775.

Provided that all service rendei ed by any such officer in ch post before the 13th April 1933
in the case of the Small Cause Cou: t, Madras, or before the 4th October 1933 in the case of the
City Civil Court, Madras shall cou it for increments in the new scale of pay :

Provided' further that unless the Provincial Government otherwise direct, in any class of
cases a personal pay shall be grant sd to such officer equivalent to the difference between (a)
the pay last drawn by him in the exiting scale of pay, and (d) the pay to which he would be
entitled in the new scale under this rule and any special pay, presidency allowance or Madras
house allowance granted ii liew of it y portioi , of the pay iu the exislii g scale. Such personal
pay shall be absorbed in furture inc rements ir. the manner specified in Fundamental Rule 37.
.........
_ 21. (36). (1) (a) Application of the rules to the copyist establishment of the High Court
The above rules apply, mui'atis
. ’J' mHtandis,
___ to the copyist establishment of the High Court,.
Appellate Side, provided that there hall be—

(Based on IV Pay Commission.)

One Superintendent on Rs. 780-35—4,025-40-1,385.

One Assistant Superintendent on Rs. 610—20- 780- 25- 955- 30- 1,075.
One or more Examiners on Rs. :55-15- 615- 20- 795- 25—970.
One or more Readers on Rs. 55^— 15—615—20—795—25—970.

One or more attenders on Rs. 4' 5- 10- 555—15- 615—20—775.

and such number of copyists as my I be required on Rs. 30 each with power to earn more at
rate of 70 psise per 175 words provided also, that the Registar shall perform the acts and exercise
the powers conferred on District Judges in rules 2, 3, 6, 7, 10, 11 and 19 supra, and ru’e 8 of—
the consolidated Copyist Rules, 191V.

Note.— Every Superintendent, assistant superintendent, examiner, reader, attender or

copyist who was in the service of the Government before the 15th August 1931, in a substantive
officiating or temporary capacity shall be entitled to the existing scale of pay mentioned in this
itile in respect of any post which he holds or may hold, if he had held such post in a substan­
tive, officiating or temporary capacity onhad been a probationer therefor at any time before
the 14th July 1934, irrespective of any break in his tenure of such post. .
 38
New scale of pay.- Every superintendent, assistant superintendent,t, examiner, reader,
.ice of the Government befoire the 15th August 1931
attender or bbpyist who was not in the ’serVkV
temporary capacity, but who has before the 14th July
* \ • 1. * /« \ /. \ • . « • « .11 J ?O.I - *Jt _ . 1 __
rUe 21 (0 (o) sHall be entitled only
to 'the followii^ nfew scale of pay in fespeci of such post
(Based on IV f*aj Commission.)
•((2)
’ll Superintendent- Rs.dent-
Assistant Superinter 1,025—«0— 1,385.
35— 610-2^730-25-955-3(^-1,075.
780— Rs.
(3) . Examiner—Rs. 555— 15— 615—20—' 79S— 25— 970.
(4) Reader—R.s 555—15- 615— 20—795— ^-570.
(5) Attender—Rs. 425^-10- 555- 15^ 615- ■ 3(K-175.
(6) Copyist- RS. 555—15- 615- 20- 795-25-970.
Provided that all service rendered by any sjich officer in such post before the 14th July 1934
■shall count for increments in the new scale df pay :

Leer equivalent to the difference between (a) the

I

specified in Fundamental Rule 37.

of the

__ Nothing contained iA the above rules shall apply to printed copies

■' „ in force, the courts are
■or to the c p printed < opies separate rules have
1 been made. 'Copies
^granted free of cost shall be made by the ret ular establishments of the courts.

vide note l td rule 128 supra inserted by I.' .C. P.Dis. 666 of 1934 inserted by -H,G. Dis.-
-------
^4 of 1920.
CHAPTER VIIL
PROCEEDINGS IN EXECUTION.
Pules dODliedble to dll proceedings in execution.—The following rules, shall apply tj
all proceed^ fn^utions, as well as of decrees as of orders, and in this chapter the word
•“decree’ includes Order . applicationfor transmission.

ixfi Transmission oi decree for executioh.-ff) An application for the transmission of a

136. Jranffnssl^\unT PYPrUfiOn shall be made by a verified execution petition headed with
decree to another of X execution petition in the suit, and- shall
the cause title of the Causes («) to (i) inclusive of rule 11(2) of Order XXI
•stale, in addition to the P^c. ■ applicant to bring the case Within the terms Pf sedtidn 39
of the Code, any^i of1 Orta M fteCodTand 2 specify the court to which transmission
at the'decree is sought as in Form No. 52.
m If the application is admitted the applicant shall within seven days thereafter deposit
in court the expies other than postage charges for transm.ttmg the same.

Court of subordinate court and no application shall be made Ey the party to -the
DistrS Cour? No charges for transmitting the decree to such Subordinate Court shall be levied
by (hebi^trict COprt-,
’ng ‘Return of Decree 'to The Transihitting Cdurt.^ after a decree. Jas been sent to ■another
. tWe decree holder does not within.« e year from the date, of..receipt, of the
sfer Sy' tor the execution thereof, the court .to .which toe 'dgfee.;^s, beg
Srffiv “e XcUhat Sb npplicauon for exetaion .has .bta .made to.. the court.Wb.!*
piled the decree and shall return the decree to the court
 41

r < In the case of deposits by purchasers in court auctions when the deposit is made when the
bank or the treasury is closed, the payment should be made to the officer conducting the sale:
The payment shall be entered forth with in the cash book and the ledger and in the case of courts' '
dealing with the brariches of the State Bank of India, in Civil Register No. 36, also and the money ,
ser.t for safe custody with the Head Clerk until the next day on which the bank or treasury is open?
The-lodgment sl^edule shall be endorsed with a receipt to be signed by the Judge and shall also!
be signed, by the Head Clerk in token of this having received the money. A lodgment order shall:
also be issued on the same day.
.. On the next day on which the bank or treasury is open, the officer of the court to whom the
mopey was originally paid, shall receive it back from the Head Clerk and shall in token of having
done so sign .the lodgment. Schedule and he shall with all convenient speed send the money
together with an order and counterfoil receipt to the bank or treasury officer who shall return1
the said receipt to,the court. On receipt of the counter foil receipt from the treasury or bank,
an entry shall forthwith be made on the disbursements side of the cash book in the column under .
the heading “Cash” and another on the receipt side of the book in the column under the heading
‘‘Bank or Treasury”. No separate entry shall be made in the ledger in respect of the remittances
into the bank or treasury, but the number of the bank or treasury receipt shall be entered in it
'*1
t
in . the form of an inset entry against the original entry. The same procedure shall apply, as far
as may be, to amounts collected by amins and Process Servers on warrants of attachment or
warrants of arrest when the money is brought into court when the bank or treasury is closed.
«
Note.—Money paid into court under this rule must be remitted to the treasury or bank with
the least possible delay and in no instance should an interval of more than 24 hours be allowed
to occur if the treasury or bank be open. But where there is no sub-treasury or bank in the
station, daily remittances of petty amounts of less than Rs. 25 to the treasury or bank which
involve expenditure on travelling allowance out of proportion to the amounts remitted, should
be avoided.
(Rule 156 amended by Roc. No. 6740/41-B and P. Dis. 571/55.) -
157. Receipt.— ../pen (he return of the said receipt to the court by the payer, or by to the
bank or treafury officer under the proceeding rule, a receipt duly signed by the Chief Ministerial
Officer of the court authorised in this behalf by the Judge shall used to the payer and the amount
paid shall be entered to the credit of the account in respect of which payment is made.

158. 7ransmission of money payable in satisfaction of a Decree.- Unless it appear to the

court that the personal attendance of the party is necessary, money payable in satisfaction of
a decree on order may be transmitted to the court by postal money order with such particulars
as may be necessary tor a lodgment schedule.

(i7) Payment out of court.

159. Cash Payment.—If the person entitled to immediate receipt of the amount or his du’y
authorised agent is present at the court with the payer, the money may, with the leave of the judge,
be paid at once to the person so entitled or the said agent. In such case, the lodgment schedule
shall be endorsed with an order for payment to the person so entitled, signed by the Judge, and
with an acknowledgement of receipt, signed by the payee/and the satisfaction pro tanto of the
decree or order, if any, in pursuance of which the money is paid shall be entered up.
160. Application for payment out in other cases.— Except as provided by rules 159 and 169
payment of money out of court shall be made only upon the order of the Judge, made at
hearing of a suit, appeal or matter or upon an interlocutory or execution application, supported
by affidivit showing how the applicant is entitled to receive payment.
161. The order may be for payment to the applicant or his duly aurhorised agent, provided
that no order for payment of money shall be made to the pleader of the applicant, unless speci­
fically authorised by the applicant by an affidavit and if such payment is directed the full name
of the pleader shall be inserted in the order of the Judge.
(P. Dis. No. 327/72.)^
162. Payment scheatAe to he brought in.—A person desirous of obtaining payment of money ’
out df court herein -after called the payee, shall bring into court a payment schedule in Form No.
59, headed with the cause title of the suit, appeal, or m; tter, and the particular account, if any,
to whicn the payment is to be debited and stating the decree or order authorising the payment.
141-I7—6
 42
and .the several sums and the total amount to be paid out of court, and. also a receipt for the said
amount signed by the payee. If the payee is the agent of the person entitled to receive the money
h* shall also file power of attorney duly stamped authorising him to receive payment. The court
shall.before making an older for payment out, verity from the weekly statements received from-
the Treasury that the amount of which payment is sought is supported by the necessary cred<t
in the account and is available for payment out. An order for payment and counteifoil receipt
in Form No. 60, stating the date of issue, the amount to be paid and the account to which the
payment is to be debited shall then be issued to the payee.
163 Presentation of order.—The order shall be presented for p .yment within the account
month in which it is issued and if not presented within the period, shall be returned to the court
and may then, alter being re-dated and intialles by the Judge, be re-issued to the payee.
Note.—Where a payment order is re-c’?ted and re-issued the further date should be entered
-in the office counterfoil or the original orcer book-
(H.C. Dis, No. 727 of 1906)
164. Receipt by payee.—On payment of the amount of the Order, the payee shall sign a
leceipt therefore endorsed on the order.
465 Order not to issue after 25th of thz month except in cases of urgency.~ Except in cases of ♦
urgencv, no order lor payment o', money out of court snail be issued after to 25th day of each
‘Calender month.
(c) Delivery of Securities or other valuables into and our of Court.
166. RuXes as to delivery of securities, jewellery or other valuables into an\ out of court.—
Thaf regoing rules shall apply to the delivery of securi ies, jewellery or other valuables into and
out of ci urt with the following modifications : (!) Government promissory notes and other
tiegrtiabb securities, shall be endorsed “the judge of the court of”.
.fJCWhen jewellery or other valuables are to be brought into court, two copies of a
■descfotive list ther of shall be presented with the lodgment schedule and shall be checked and
sie-ed bv r e J d-e in the presence of the depositor. The jewellery or other valuable shall be
filaced in a box furnish.d with a lock and key to be p.-ovided by the depositor. The
box shall b- th -n be locked r.nd sealed in the presence of the Judge with the special seal supplied
for this purpose and forwarded by the c urt to th. b nk r treasury -fficer together with one
of the copies of the said I t nd the key shall be rrtaimd by the j cge. The remaining
conv of tae sa d l.st shall be returned to the oe -ms tor and on th; retain of the counterfoil
rece.pt by the bank or treasury offic r. a r..c ipt signed by the Judge sh il be given to the
depositor in exchange for th - taid descriptive list.
• The cjurt may call unon the party at who e Us ance the deposit is m de to pay into
the court s-chs m-f money s may be necess ry to me t 'h? s fe c stody charg.s p yable
- to th- bank in the first instance or from time to tim;. In default of payment the court may
refu- "to irak • f'e de os’t in the bank or withd r.w th-’J p eper y from the bank c-r may pass
such orders as may be/ncc.ssary for recovering any dius payable lo the bank from the party
liable to puy the same.
Chase (^) of rule 166 substituted and further amended by P. Dts. Nos. <577/41 and
11/48.
Note—(1) Doposit receipts of meneys belonging to minors or concerned in land acqui­
sition cases 'should be treated as ‘valuables and sent to the treasury for safe custody.
- ^2) Post Office cash certificate should be treated as “valuables” and kept in the trea­
sury for safe custody.
(d) Ca h Deposits.

1^7 Cases where payment may be made in cash to Officer of Court.—Notwithstanding

anythin- contained in this chapter, moneys for any of the purposes hereundpr- mentioned may
paiZin cash to an officer of the court, to be appointed by the Judge. Z' .
' (1) Service of summons in respect of which the fees cannot be paid in-stamps.
(•2) Allowance to witnesses :
z(3) Commission fees;
/((i) Money order commission for transmission of commissioner’s fees;
 4'-i

(5) Judgement-debtors subsistence moneys and conveyance charges;

(6) Tom-Tom charges; . ‘
(7) Charges for the conveyance of attached property, and for feeding attached cattle;
. (8) Postage and other charges for calling for records for reference or for transmisiion of
decrevs to other Courts for execution;
(9) Moneys representing the value of non-judicial stamps lor sale certificate when 'h,
amount does not exceed Rs. 5;
(10) Safe custody charges payable under, rule 166 :
Provided that if in the opinion of the. said officer, disbursement of the said money is
not likely-to be made within a month, the procedure prescribed by rules 154 to 165 inclusive
shall be followed :

I Provided further that if any cash deposit or any part thereof, is not expended and if it
is not probable that the same will be refunded to the depositor within a month .from the
date on which it became available for refund, it shall be forthwith remitted to the bank or.
f Treasury Officer :
- Provided also that where the amount paid under item (9) above is less than Re. 1, the
■ court may retain it for a period not exceeding three months after which if it is not disbur­
sed it shall be credited direct to the Government revenue subject to its being refunded to
the party. entitled to it if and when claimed provided also that in cases where the amount
;;; paid under item (9) above does not exceed Rs. 5 and the said amount is not likely to be
disbursed within a period of three months it shall subject to the provisions of the previous
proviso, be remitted to the Bank or Treasury Officer.
III
(P. Dis. No. 641 of 1944).
. 168. Presentation of receipt. —The pesson making any such deposit as aforesaid shall
present therewith a memorandum in Form No. 61 headed with the cause title of the suit,
'appeal or matter and specifying the purpose for which the deposit is made, and a receipt
shall be granted to the depositor.
169. Re-Payment— (1) The repayment of any casht which has not bsen expended for the
purpose for wnich the same was deposited shall be made upon the production of the said
receipt and under the immediate superintendence of the Judge who shall satisfy himself as to
the identity of the person to whom such repayment is made and of his authority to receive it:
/(2) Provided that if the amount so deposited or the unexpanded portion thereof has been
sent by the court to a bank or treasury officer rules 160 to 165 inclusive shall app’y to an
application for repayment.
(3) If the applicant is unable to produce the said receipt,^he^ shall? filean affidavit
accounting for its non-production.
V. Atiacfanent
(d) Attachment of property in custody of Public Officer.
I/O. Attachment of property in custody of Public Officer.—If the property sought to De attach’
ed is m the custody of a public officer, the execution petition shall ask that the property .may be
brought into court, and realised and the notice of attachment .shall request that the money or
property may be brought into court, or that such-officer will state whether he has any and that
objection to so doing. It any objection is raised by such officer, notice may be issued in the man-
»er- provided by order XXVII of the code for issue of summons for the determination of such objec­
tion.
171. form to be used.—Form No. 62 of Appendix IH-A part II of Volume II here to shah
be used ia the^lace of form No. 21 of Appendix F of the First schedule of the code, 0^8

14447—7
 44

(a) Mode of issuing Notice,

Nofe.—Courts are authciiSvd to send notices of attachment under rule 52 of order XX i

of the Code to other courts but not to other Officers. The receipt of the notice must, however
invariably be acknowledged by post or otherwise by the courts to which it is addressed.
(5) Attachment of Decrees.

172. Attachment of a Decree : An application for the attachment of a decree shall also pray
that the applicant may be at liberty to apply for execution thereof. If an order of attachment is
made, it may be as in Form No. 63 or 64 and the application shall be adjourned to a fixed day
tor the applicant to apply to the court, or if the decree of the another court is attached to that
court for the execution of the attached decree and notice may, if the court thinks fit, be given to
the holder of the decree, The application shall be made by execution petition, entitled in the
suit or matter in which the attached decree was made, and shall be accompanied by certified copies
of the order of attachment, and of the decree sought to be executed, provided that if the attached
decree is the decree of another court other than a decree for money the applicant shall also pray
for the transmission ol the decree sought to be executed to that court, and the court may transmit
the same accordingly, together with a notice if Form No.65. The applicant may then
apply to the former court by execution petition entitled in the suit or matter in wheih the attached
decree was made for execution of its decree.
t
173. Decree not to be sd\a in execution of another decree.— No decree shall be ordered to be
sold in execution of another decree.

174. Attachment of decree by several decree holders. -11 a decree is attached by more than
one decree holder, liberty to execute the same shall be given to the decree holder whose attach­
ment is first in date, and the court shall direct rateable any money or property recovered by the
said decree holder to be brought into court for distribution. Provided that if the decree holder to
whom liberty is given as aforesaid does not show, due diligence in executing the attached decree
or for any other sufficient reason, the court may give to any other decree holder liberty to execute
the attached decree in the place of the former decree holder.
(c) Claims to attached property.

175. Claim to attached property.—Nxi application by a claimant or objector, under rule 58 of

Order XXI, of the Code shall be made by a verified execution application entitled in the execution
petition under which the property in question has been attached and shall set forth the particulars
of the claim in the manner prescribed for the plaint in a suit as in Form No. 66.
176. Procedure when application admitted;—If the application is admitted the claimant or
objector shall, within seven days thereafter or such other period as may be allowed by the Judge,
bring into court the prescribed fees for service of notice on the attaching creditor, and the same
shall be served in the Manner prescribed for service of summons on a defendant to a suit.
177. Hearing of appXication.—At the hearing c f the application the court shall record the
evidence and mark all exhibits admitted in evidence and shall draw up its order thereon.
(d) Realization of attached property.

178. Realization of attached, debts by the appointment of a Receiver;—(l)Unless it is made

to appear to the court that from the smallness of the amount of the debt attached, or otherwise
the appointment of a Receiver to collect the same would be worthless or vexatious, no debt or
right to any periodical payment shall be realized by sale.
(2) If a receiver is appointed, he shall be empowered to sue in the name of the judgment
debtor to grant receipt for any moneys or property recovered by him and order appointing him
may be on the form prescribed by paragraph 7 of Form No. 5 Appendix III-D so far as it may
be applicable.
179 .Realization of property attached by seizure.—When an attachement of property is made
by actual seizure, the court shall if within one month from the date of the attachement the pro­
perty has not been sold or the attchment has not been removed of its own motion after giving
notice to the directed parties the property to be sold by the officer of the courtsand the proceeds
of the sale after payment of the expenses, of the sale, and the prescribed fees shall be brought in
to court to the credit of the suit or matter in which the attachment was made.
V. A Application under order 'XXJ, rules 97 and 100 of the code.

180. The provisions in rules 175 to 177 shall apply so for as they may be to applications under
rules 97 and 100 of Order XXI of the Code.
 45

VI. Sale of attached property.

181. Application for sale of attached proprety.—The decree-holder may apply at an adjourned
hearing of the execution petition, orally, and at any other time, by written application in Form
No. 67 for sale of any attached property.

182. Affidavits and in the case of immovable property certificates to be filed by the applicant.—
The applicant shall, not less than five days before the adjouned hearing or together with his
written application, file in court an affidavit or affidavits as prescribed by rule 190 infra which
shall also state the interest of the judgement-debtor in the attached property and whether any
person other than the judgement debtor has any and what interest therein and in the case of im­
movable property that a search has been made in the Office of the Registrar of Assurances of the
district or sub-district, in which the property is situate, for not less than 12 years prior to the date
of the attachement as in Form No. 68. A Certificate of the result of such search shall be filed.
with the said affidavits.

In the case of immovable property situated within the limits of a municipality, a certificate
from the municipality showing the particulars of municipal tax due on the property shall also
be filed.
I
183. Order for sale.—If the provisions of the code and these rules have been com­
plied with and the proclamation of sate is approved by the judge, the application shall then be
I adjourned to a fixed day and the applicant shall within two days or such other period as may be
fixed by the judge, bring into Court the prescribed fees for proclamation. An order for sate shall
then be made. The batta for the sate warrant shall be paid a week before the date fixed for sale
and the warrant of sale shall then issue in case of default the court may adjourn the application
to a fixed day, or may dismiss the execution petition.

184. Date and place for sale.—The District Judge shall fix a particular place and a particular
day in the week for the sale of such movable properties as maybe brought to court. When there are
more courts than one in the same Station the sales for all such courts shall be held on the same day
and in the same place, in such sequence as the District Judge may, by general or special order
determine. All sales at court shall begin at noon and the sale of any lots, not put up before 5 p.m.
shall be adjourned to noon on the next court day.

185. Sale of livestock, etc.—Unless the court othervise orders all sales of livestock, agri­
cultural produces, articles of local manufacture, and other things commonly sold at country markets
which have not been brought to court shall be held at such market in the neighbourhood of the
place where the goods were attached as may appear to be for the greatest advantage of the debtor
regard being had to the prospect of good prices ; nd to the saving of expenses in conveyance and
carriage. A list of all property to be sold at a weekly market shall be forwarded to the Adminis­
trative Officer of the village in which the market is held be posted in .a conspicuous part of the
market, attest eight days before the day fixed lor the sale.

186. When movable property is in custody of Nazir or Curator.—If movable property is

is the custody of Nazir or curator and it appears to the court that an immediate sale is necessary
the court may’authorise him to sell the same by public action and may give such directions as to
fte date and place of sale and the manner of publishing the same as the circumstances of the
particular case admit.

187. Sale by public auction.—If the officer attaching movable property is under rule . 43 of
Order XXI of the Code authorized to sell it at once, the sale shall be made by public auction and
after such publication and notice as the circumanstances of the particulars case admit and the
Officer shall not more than two days after the sale bring into court his report of the sale in the
Manner prescribed by rule 196.

Noie.—Sale of guns or other arms by public auction in execution^—Whenever

gpens or other arms in respect of which licences have to be taken by purenaser*
under the Indian Arms Act, 1878 (Central Act XI of 1878) are sold by public
auction in execution of decrees, the court directing the sate shall give due notice u>
1443T^A
 46
the Magistrate of the district of the names and addiusses of the purchasers and of the time and
place of the intended delivery to the purchasers of such arms, so that proper steps may be taken
by the police to enforce the requirements of the Indian Arms Act, 1878 (H.C. Dis. 297 of 1900).

188. Applicability of general rules about sale of property infra.—Subject to the foregoing
rules, the provisions of rules 189 to 201 relating to sale of property under order of court shall apply
to all sales in execution of a decrees.
VII. General Rules about sale of property under order of court.
189. Conduct of sale under order of court.—Subject to the provisions of rules 181 to 187 (both
inclusive) with respect to the sale of attached property, a sale by public auction of any property
when directed in any suit or matter, shall be conducted in the manner prescribed hereuuuer.
190. The order for sale shall direct the party applying for the sale (hereinafter called “ the
applicant ” to bring into court.)
(1) Affidavits.—An affidavit or affidavits by himself or some other person acquanited
(I)
with the property, giving the particulars prescribed by rule 66 of Order XXI of the Code, and also
stating what in his opinion is the best time and place of sale and method of advertising the same
and the lots if any, into which the property should be divided ;
(2) AJfidavit oj fitness—If an officer of the court is not to be appointed, an affidavit as to
the fitness of the proposed auctioneer or
(3) Where the property is immovable property situated within the limits of panchayat
municipality or corporation an affidavit stating the taxes or other public dues if any due on the
property sought to be sold; shall ordinarily be accompanied by a certificate from the panchayat
municipality or corporation showing the particulars of such taxes or other public dues payable
thereon unless ordered otherwise by the court.
(4) Certificate of search.—In the case of immovable property when search has been made
under rule 191 certificate of the result of the search.
191. Search of encumbrances.—In the case of sale of immovable property the applicant
shall cause a search to be made in the office of the Registrar of Assuarnces of the district on sub­
district in which the property is situate. If a previous search has been made in the suit or
matter the search shall be made from the date on which the previous search was made so that
the whole period shall be not less than 12 years or if no search has been made then for a period
of not less than 12 years (prior to the date of the execution application on which the sale is ordered)
N0TE. in connection with a proposal of the High Court to amend rule 140 now rule 191
of the Civil Rules of Practice with regard to the period which should be covered by the encum­
brance certificate by substituting the words“prior to the date of the execution application on which
the sale is ordered.'0 for the words” prior to the date of the order for sale” an objection has been
2 raised that the amendment will be a source pf hardship and will also be impracticable in as much
as Sub-Registrar’s Offices which are generally situated for away from the court-house take
nearly a month after the date of application to issue an encumbrance certificate and the certificate
is issued only up to the date of the application for the certificate. It has been represented that
it will be sufficient. * If the corticate relates to the period upto the date of suit since all alien-
ations subsequent to that date are pendente lite and will not be binding on the property as well
as the auction purchaser. The Hon’ble the Judges however are of opinion that any rule requiring
the production of encumbrahce certificate must in order to comply with the provisions of the
code be upto the date of the application for execution as clause (3) of rule 66 of Order XXI
■. requires the. application for execution to be accompanied with the necessary information as to
encumbrances ‘in the form of a ’_ verified statement. It is therefore obiviously impossible
to accept the view that the certificate need only.be produced upto the date of the suit as it will
contravence the provisions of the Code.
There is nothing in the rules which required the production of the encumbfance certificate
the along with the execution application. The sale proclamation it settled some days
‘ after the application and it is always Open to the party to file it before the date fixed for > settling
* proclamation. The Subordinate Courts are therefore requested to fix the date for settling the sale
; proclamation with due regard to the time which will- be required to produce the encumbrance
* certificate distance of the1 registration office and other circumstances. The Hon’ble the judges also
observe that there is no prohibition against an encumbrance cetificate being obtained until the date
of the decree as soon it is passed and a supplemental certificate being obtained between the date
of the decree and the date of the application for execution.
' The subordinate courts are therefore requested to see to the strict observance of the instructions-
issued above with regard to the fixing of the date of sale proclamation.
 4/

192 Matters to be determined by Court —The court shcdl dcteiinnie the lots, il £i>y, in v bir
tie property shall be sold, the upset price of the property or of each lot in cases falling within the
third proviso to Order XXI, Rule 66 (2) with reference to the probable market value thereof, the
manner of advertising the sale; and the probable expenses thereof and shall fix the date and
place of sale and after giving notice to the judgement-debtor orother party to the suit or matter
whose propertv is to be sold and hearing his objections if any, settle the proclamation of sale,
as in Form No- 69 of the Forms and in Form No, 29 of Appendix “E” to the First schedule of the
Code.
193. Appointment of person to sell—The Court may, if it is made to appear that a more
advantageous sale can be had thereby or for other sufficient reason appoint a fit person, other thaa
an officer of the court or a pleader, to sell the property ; and may fix as his remuneration a sum
certain, or a percentage on the net sale proceeds Such remuneration shall include all personal
and travelling expenses but not the expenses of the sale,
Note Sale by Officers of court till Collectors are authorised —Until the Govern n.£i.t vests
collectors generally or any Collector particularly, with the power of selling revenue paying land in
execution of decrees, the court are to effect such sales by means of their own officers.
194 Proclamation of sale —The proclamation of sale, when settled by the judge, shall be
s igned by him and an order for sale shall then be made and the further hearing of the suit or matter
4 shall be adjourned to a day not more than thirty-one days from the day fixed by the court for the
sale.
195, Leave to bid —An application for leave to bid at the sale shall be supported by an affidavit
setting forth any facts showing that an advantageous sale cannot otherwise be had and an under­
taking shall be given by or on behalf of the applicant that in the event of his being declared the
nurchaser of the property, or of any lot or lots he will give credit, or will enter up satisfaction of
the decree or order under which the sale is made, for the purchase money. Provided that if there
are several decree holders entitled to ratable distribution the purchase money shall be paid into
court.
196 Conduct of Sale The person appointed to sell the property shall conduct the sale
in the manner prescribed by the code for the sale of attached property, and shall out of the deposit
of sale moneys, as soon as the same are received by him purchase court-fee stamps to the amount
of the poundage, if any, payable on the sale and shall bring the same into court, forthwith together
with the balance of the deposit or sale moneys. If the applicant purchased the property with the
leave of the court and is allowed to set-off the purchase money against any sum due to him, he
shall pay the amount chargeable for poundage to the person appointed to sell the property as soon
as he is declared to be the purchaser. The amount deducted or paid on account of poundage shall
form part of the costs ano expenses of the sale.
(2) Upon the completion of the sale, the person appointed to sell the property shall file in
court his report of the sale as in Form No- 71.
HMembers of Process Service Establishments not to attend sale except on duty :
No member of the process Service Establishment of a district shall attend any sale held under
the orders of a Civil Court in that district unless he has some duty to perform in connection with
the sale ; nor shall he purchase or bid for any property directly or indirectly at a sale held under
orders of a Civil Court of that district nor shall the officer conducting such a sale accept any b»d
by or on behalf of any member of the Process Service Establishment of the district

(H.C. Dis-970 of 1907.)

497. An application under rule 89 of Order XXI of the Code shall be as in Form Not 72f

198. Costs —At the adjourned hearing, the court may make an order directing the payment
to the applicant of the costs and expenses of the sale and to the person appointed to sell the property
of his commission, if any, and providing for the application of the balance of the sale proceed*
i f under rule 81 of Order XXI, of the Code, a vesting order is required, the order shall also direct
that the property sold shall vest in the purchaser.

-199. Payment of poundage etc, when sale set aside —(1) If the sale is set aside under rule 89
of Order XXI of the Code, the court may make an order for payment by the judgement debtor of
the poundage and ether costs and interest, if any, not covered by the proclamation of sale.
 48

(2) If the sale is set aside under rule 90 of Order XXI of the Code, the court shall determine
wnether any and what party is responsible therefor, and may order such party to pay the costs and
expenses of the sale, and may make an order that any other party entitled to have the property
-sold may have the conduct of the sale and may make an order for the re-sale of the property.

(3) If the sale is set a'-ide under rule 91 of Order XXI of the Code, the court may make an
f^rder for payment by the execution creditor of the poundage and other costs of the sale.

Note—The auction purchaser is entitled to the refund of the purchase money paid by him
without any deductions on account of poundage in all the cases in which the sale is set aside for
no fault of his. ■

(H.C. Roc. No. 6365/54-Bi., dated 26th March 1955.)

200. Order of attachment or Certificate of sale to speciy description of property._ Any order
-effecting or raising an attachment of immovable property or a certificate of sale of immovable
property passed or issued under the provisions of the Code shall specify as part of the description
of the property, the survey number, if any, and the registration district or sub-district in which
the same is situate.

Note.—Copies of certificates to Registering Ofiicers.—(1) Section 89 (2'» of the Indian

Registration Act, 1908 (Central Act XVI of*1908) provides that every court granting a certificate *
under rule 94 of Order XXI of the Code, shall send a copy of such certificate to the registering
officer witbin the local limits of whose jurisdiction the whole or any part of the immovable property
comprised in such certificate is situate and such officer shall file the copy in his Book No 1 The
law, therefore, now provides, through the direct action of the Civil Court and of the registering
•Officer for the registration of a copy of the certificate of sale. It is no longer necessary to register
the certificate itself. Such certificates do not operate as a conveyance of the property to which they
relate.
(H.C. Cir. 66 of 1882.)

.(2) It has been brought to the notice of the High Court that civil courts frequently allow
great delay to occur before sending copies of sale certificates, to register ing officers as required by
section 89 (2) of the Indian Registration Act, 1908 (Central Act XVI of 1908). The attention of all
District Judges, Subordinate Judges and District Munsifs is called to High Court Circular No 66
dated 18th January 1882 and they are directed to see that copies of sale certificates are transmitted
to the registering Officers with promptitude.
(H.C. Dis. 674 of 1904.)

(3) Where a court sale is finally set aside, the court setting it aside shall send a copy of the
order to the officer in whose office the sale certificate has'been filed to enable him to note on the
copy of the instrument in his books the fact of such setting aside.
(H.C.P. Dis. 868 of 1938.)

201. Default by applicant.—If at any time, it is made to appear to the court that the applicant
has failed to comply with any order of the court, or any of the provisions of the Code or these rutes *
or is not proceeding with due deligence, the court may make such order as to the application for
sale for the suit or matter and the costs thereof as it thinks fit.
•t
yiD. Aeeeptcmce ef Guarantee Societies as sureties :

,202. (1) Notwithstanding anything contained in the foregoing rules, in all cases, in Which a
court requires a party to a proceeding to execute a bond with one or more sureties a guarantee
society duly approved by the High Court may be accepted as surety upon its joining in a bond with
the person ordered to give security.

Note.—In cases where specific forms of surety bonds are not prescribed, courts are at liberty
to adopt form Nos. 8 and 5 in Appendix III, E and F respectively of Part n, Volume II with such
variations as will suit the circumstances of the ease. A

(flf.M‘

■i
 49

(2) The High Court may, from time to time, after such inquiry as it deems sufficient and
subject to such conditions as it may seem fit to impose by a notification in the Gazette declare the
names of the guarantee societies together with the names of their duly authorised agents, if any»
qualified to join in a bond within the meaning of the above sub-rule. The High Court may also
lor sufficient cause remove from the approved list the name of any such guarantee society or of any
agent of any such guarantee society.

(3) Procedure relating to execution and acceptance of bonds.—The following procedure wil^
be observed in the execution and acceptance of such bonds. In all cases the petitioner himself must
nominate the guarantee Society which will stand surety for him and the bond should be executed
by the petitioner and the accredited agent, if any, of the guarantee society before the officer
concerned.

If the society has no.such agent m the place where the bond would normally be executed,
the petitioner should file a petition in court with a prayer for an order that the necessary bond be
executed by that society before an Officer of the High Court. Thcmafussal court will then issue the
bond for signature of the person to by guaranteed and afterwards transmit the bond to the High
Court for the purpose of having it executed by the Guarantee Society.
(H.C. Dis. 68 and 1057 of 1927.)
«
Notice to Surety.

203. Tn any enquiry for the determination of the liability which has been guaranteed
by a surety, the court shall give notice of enquiry to the surety by registered post. Bu’
the cost of his appearance shall be form by the surety him himself unless the court otherwise
directs.
I

CHAPTER X.

Receivers.
'204. There shall be maintained for each district a panel of legal practitioners and
other persons with suitable qualificatons from among
i whom receivers shall be ordinarily
be appointed by all courts within the district.. The panel shall be maintained by the
District Court.

205. The strength of the panel shall be fixed by the District Judge who may vary it
from time to time at his discretion.

206. The panel shall as for as possible include at least one practitioner representation
from each court in the District. Appointment to and removal from the panel shall be
by the District Judge in consultation with the Subordinate Judge of the District Munsif
of the court which is represented by the practitioner.

207. Every person recommended to the panel shall on such appointments furnish
security for the sum of Rs. 2,000 in favour of the District court to secure his liability
in respect of all receivership to which he may be appointed. He shall furnish one or
other of the following kinds of security: (a) immovable property; (b) a fidelity bond by
a guarantee society duly approved by the High Court ; (c) cash; (d)a Government security;
(e) fixed deposit or cash deposit in the post Office Savings Bank; (/) Post Office cash­
certificate; (g) National Savings Certificate ; (h) Bonds of the Government of Karnataka,
Travancore, Cochin of the State of Travancore-Cochin ; (z) Bonds or Debentures issued
by Local authorities in India as defined in section 3(31) of the General Clauses Act, 1897
(Central Act X of 1897) (Local authorities include Port Trusts) The Security bond shall
be in one of the form Nos 75, 76. and 77. On such security being furnished his name
shall be entered in the panel. Such security shall be irrespective of the security if any
that may be required of the receiver by the court under rule 3 (a) of Order XI.

208. Unless otherwise ordered, a receiver shall file his accounts once in every three
months. The first of such accounts commencing from the date of his appointment and
ending with the expiry of three months from such date, shall be filed within ten days after
the expiry of the said period of three months and subsequent accounts brought down
to the end of three months period for which they are filed shall be filed within ten days
after the expiry of the said period of three months.
 50

209. The accounts , of the receiver shall be in the form prescribed and shall be verhicd
by the affidavit in the form prescribed. Items shall be numbered consecutively.

210. Where a receiver has not since the date of his appointment or since the date
of his last account as the case may be received or paid any money he shall file an affidavit
to that effect on or before the date on which he has to file accounts.
•2ff The receiver shall maintain true and regular accounts of the receivership and
shall in particular maintain a cash book in which shall be entered from day-to-day all
receipts and payments and also a ledger. He shall also maintain a counterfoil receipt
book with the leaves numbered serially in print form which shall be given as far as possible
all receipts for payments made to the receiver.

212- Unless the court otherwise orders the receiver shall as soon as may, be after
his appointment open an account in the name of_ the receivership in a scheduled bankas
defined in clause (e) of section 2 of the
1‘ Reserve -Bank .
. of~ India Act 1934 as the court
may direct and shall deposit into it all monies received in the course of the receivership
immediately on receipts thereof save any sum that may be required for current expenses.
All payments by the receiver shall as far as possible, be made by cheques drawn on
the account.
-213. If a receiver fails to maintain true and regular accounts or fails to file his
accounts into court on the due date without proper cause or unduly delay the. passing
of his account by failing to appear before the Passing Officer or improperly retain any
cash in his hands the court may disallow the whole or any portion of the remuneration
due to him for the period of the accouni with reference to which default is committed
and may also charge interest at 12 per ceu.. per annum on the monies improperly retained
by him for the period of such retention without prejudice to any other proceedings which
might be taken against the receiver.
(P. Dis. No. 577of 1944.;

(True copy).
.High Court of Judicature, Madras, S. JANARTHANAM,
1987. Registrar.

r.
e