Bare ActsThe Code Of Civil Procedure, 1908

Section 5

No

Amendment status not verified — confirm the current text below against the official source.

No. 12 Notice to Produce (General Form) (O. 12, R. 8.) (Title as in No. 1, supra) Take notice that you are hereby required to produce and show to the Court at the first hearing of this suit all books, papers, letters, copies of letters and other writings and documents in your custody, possession of power, containing any entry, memorandum or minute relating to the matters in question in this suit, and particularly. G.H., pleader [or agent] for plaintiff [or defendant]. To E.F., pleader [or agent] for defendant [or plaintiff]. APPENDIX D DECREES No. 1 Decree in Original Suit (O. 20, RR. 6, 7.) (Title) Claim for This suit coming on this day for final disposal before . . . . . in the presence of . . . . . . . . . for the plaintiff and of . . . . . . . . . . . . for the defendant, it is ordered and decreed that . . . . . . . . . and that the sum of Rs. . . . . . . . . . be paid by the . . . . . . . . . to the . . . . . . . . . on account of the costs of this suit, with interest thereon at the rate of . . . . . . . . . per cent, per annum from this date to date of realization. 193 Given under my hand and the seal of the Court, this . . . . . . . day of . . . . . . . . . 19... Judge. Costs of Suit Plaintiff Defendant Rs. A. P. Rs. A. P. stamp for plaint Do. For power Do. Of exhibits Pleader's fee on Rs. Subsistence for witnesses Commission fee Service of process Total Stamp for Power Do.for petition Pleader's fee Subsistence for witnesses Service of process Commissioner's fee Total No. 2 Simple Money Decree (Section 34) (Title) Claim for This suit coming on this . . . . . . . . . day for final disposal before . . . . . . . . . in the presence of . . . . . for the plaintiff and of . . . . . . . . . for the defendant; It is ordered that the . . . . . . . .do pay to the . . . .. . . the sum of Rs. . . . . . . . . . with interest thereon at the rate of . . . . . . . . . per cent per annum from . . . . . . to the date of realization of the said sum and do also pay Rs.... , the cost of this suit, with interest thereon at the rate of . . . . . . . . . per cent per annum from this date to the date of realization. Given under my hand and the seal of the Court, this . . . . . . . . . day . . . . of . . . . 19 . . . 194 Judge. Costs of Suit Plaintiff Defendant Rs. A. P. Rs. A. P. Stamp for plaint Do. For power Do. Of exhibits Pleader's fee on Rs. Subsistence for witnesses Commission Serivce of process Total Stamp for power Do. for petition Pleader's fee Subsistence for witnesses Service of process Commissioner's fee Total No. 3 Preliminary Decree for Foreclosure (Order XXXIV, Rule 2—Where accounts are directed to be taken.) (Title) This suit coming on this . . . . . . . . . day, etc.; It is hereby ordered and decreed that it be referred to . . . . . . . . . . . . as this Commissioner to take the accounts following:— (i) an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent per annum or at such rate as the Court deems reasonable); (ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the order or for the use of the plaintiff or which without the wilful default of the plaintiff or such person might have been so received; 195 (iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent, per annum); (iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed.

Section 5 – The Code Of Civil Procedure, 1908 | DailyLaw.ai