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The Code of Civil Procedure, 1908

Appendix AAPPENDIX A

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Appendix A (part 1 of 3)

Appendix A APPENDIX A PLEADINGS (Title) WHEREAS it is stated that defendant witness in the above suit is at present residing in : It is ordered that a summons returnable on the day of 19 , be forwarded to the defendant Court of for service on the said with a duplicate of witness this proceeding. The court-fee of chargeable in respect to the summons has been realized in this Court in stamps. Dated 19 . Judge . No. 8 (O. 5, r. 24) (Title) To The Superintendent of the Jail at UNDER the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant who is a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you. Judge No. 9 (Title) To UNDER the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant who is stated to be serving under you. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you. Judge No. 10 TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT . (O. 5, r. 23) (Title) Read proceeding from the forwarding for service on in Suit No. of 19 of that Court. Read Serving Officer's endorsement stating that the and proof of the above having been duly taken by me on the oath of and it is ordered that the be returned to the with a copy of this proceeding. Judge NOTE . − This form will be applicable to process other than summons, the service of which may have to be effected in the same manner. No. 11 AFFIDAVIT OF PROCESS - SERVER TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE . (O. 5, r. 18 ) (Title) The Affidavit of , son of make oath I and say as follows: − affirm

  1. 1 The word "Bangladesh" was substituted, for the words and comma "Pakistan or the Province of, as the case may be" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  2. 2 The words "The state of" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  3. 1 The word "Taka" was substituted, for the word "annas" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  4. 1 The words "of Judicature" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  5. 1 The word "northward" was substituted, for the word "westward" by section 3 and
  6. 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973). 2 The words "Mirpur Road" were substituted, for the words "Bunder Road" by section
  7. 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973). 3 The word "Dhaka" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  8. 4 The words "New Elephant Road" was substituted, for the words "Wood Street" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  9. 5 The words "Mirpur Road" were substituted, for the words "Bunder Road" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  10. 6 The words "New Elephant Road" was substituted, for the words "Wood Street" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  11. 7 The words "Mirpur Road" were substituted, for the words "Bunder Road" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  12. 1 The word "Chittagong" was substituted, for the word "Karachi" by section 3 and
  13. 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  14. 1 The words, comma and figure "Limitation Act, 1908" were substituted, for the words, comma and figure "Indian Limitation Act, 1877" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  15. 1 The word "Dhaka" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  16. 2 The words "New Elephant Road" were substituted, for the words "Wood Street" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  17. 1 The word "Dhaka" was substituted, for the word "Lahore" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  18. 2 The word "Chittagong" was substituted, for the word "Karachi" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  19. 1 The words, comma and figure "Limitation Act, 1908" were substituted, for the words, comma and figure "Indian Limitation Act, 1877" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  20. 1 The words, comma and figure "Succession Act, 1925" were substituted, for the words, comma and figure "Indian Succession Act, 1865" by section 3 and 2nd Schedule. of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  21. ground that [state grounds of objection].
  22. No. 4
  23. ORDER FOR AFFIDAVIT AS TO DOCUMENTS . (O. 11, r. 12)
  24. (Title as in No. I, supra)
  25. Upon hearing ; It is ordered that the
  26. do within days from the date of this order, answer on affidavit
  27. stating which documents are or have been in his possession or
  28. power relating to the matter in question in this suit, and that the
  29. costs of this application be
  30. No. 5
  31. AFFIDAVIT AS TO DOCUMENTS (O. 11, r. 13)
  32. (Title as in No. I, supra)
  33. I, the above-named defendant C. D., make oath and say as
  34. follows: −
  35. 1. I have in my possession and power the documents relating
  36. to the matters in question in this suit set forth in the first and
  37. second parts of the first schedule hereto.
  38. 2. I object to produce the said documents set forth in the
  39. second part of the first schedule hereto [state grounds of
  40. objection].
  41. 3. I have had but have not now, in my possession or power the
  42. documents relating to the matters in question in this suit set forth in
  43. the second schedule hereto.
  44. 4. The last-mentioned documents were last in my possession
  45. or power on [state when and what has become of them and in whose
  46. possession they now are].
  47. 5. According to the best of my knowledge, information and
  48. belief I have not now, and never had, in my possession, custody or
  49. power, or in the possession, custody or power of my pleader or
  50. agent, or in the possession, custody or power of any other person on
  51. my behalf, any account, book of account, voucher, receipt, letter,
  52. memorandum, paper or writing, or any copy of or extract from any
  53. such document, or any other document whatsoever, relating to the
  54. matters in question in this suit or any of them, or wherein any entry
  55. has been made relative to such matters or any of them, other than
  56. 5. That O. was never married.. 5.
  57. 1 The space with heading "A" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  58. 2 The word "Poisha" was substituted, for letter "P" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  59. 3 The space with heading "A" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  60. 4 The word "Poisha" was substituted, for letter "P" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  61. process ...
  62. Total ... Total ...
  63. No. 2
  64. SIMPLE MONEY DECREE . (Section 34)
  65. (Title)
  66. Claim for
  67. THIS suit coming on this day for final disposal before in
  68. the presence of for the plaintiff
  69. and of for the defendant, it is
  70. ordered that the do pay to the the sum
  71. of Taka with interest thereon at the rate of per cent. per
  72. annum from to the date of realization of the said sum and do also
  73. pay Taka , the costs of this suit, with interest thereon at the rate of
  74. per cent. per annum from this date to the date of realization.
  75. 1 The space with heading "A" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  76. 2 The word "Poisha" was substituted, for letter "P" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  77. 3 The space with heading "A" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  78. 4 The word "Poisha" was substituted, for letter "P" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  79. 7. Service of
  80. process ...
  81. Total ... Total ...
  82. No. 3
  83. PRELIMINARY DECREE FOR FORECLOSURE
  84. (Order XXXIV, rule 2. − Where accounts are directed to be taken)
  85. (Title)
  86. THIS suit coming on this day, etc.; It is hereby ordered and
  87. decreed that it be referred to as the Commissioner to take the
  88. accounts following:−
  89. 1 The words "attorney or" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  90. 2 The words "attorney or" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973). ∗ Here insert name of proper officer.
  91. 1 The words "Taka poisha" were substituted, for the words "Rs. a.p." by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  92. 1 The words and figure "Taka 72.25" were substituted, for the words and figure "Rs. 72-4" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  93. 2 The words and figure "Taka 314.51" were substituted, for the words and figure "Rs. 314-8-2" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973). Taka Poisha. 47 64 8 12
  94. 3 The words and figures "As awarded in the decree subsequently incurred were substituted, for Total 55 76 " Rs. A. P 47 10 4 8 2 0 the words and figures "As awarded in the decree subsequently incurred by section 3 and 2nd Schedule of the Total 55 12 4" Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  95. Signed , decree-holder.
  96. Dated the day of 19 .
  97. . You are further commanded to return this warrant on or before
  98. the day of 19 , with an
  99. endorsement certifying the day on which and manner in which it has
  100. been executed, or the reason why it has not been executed.
  101. GIVEN under my hand and the seal of the Court, this
  102. day of 19 .
  103. Judge.
  104. No. 14
  105. WARRANT OF COMMITTAL OF JUDGMENT - DEBTOR TO JAIL . (O.21, r. 40)
  106. (Title)
  107. To
  108. The Officer in charge of the Jail at .
  109. WHEREAS who has been brought before
  110. this Court this day of 19 , under a warrant in
  111. execution of a decree which was made and pronounced by the said
  112. Court the day of 19 , and by which decree it was
  113. ordered that the said should pay
  114. ; And whereas the said has not obeyed the decree nor
  115. satisfied the Court that he is entitled to be discharged from custody;
  116. You are hereby commanded and required to take and receive the
  117. said into the civil prison and keep him imprisoned
  118. therein for a period not exceeding or until the said
  119. decree shall be fully satisfied, or the said shall be otherwise
  120. entitled to be released according to the terms and provisions of
  121. section 58 of the Code of Civil Procedure, 1908; and the Court does
  122. hereby fix annas per diem as the rate of the monthly allowance
  123. for the subsistence of the said during his confinement under
  124. this warrant of committal.
  125. GIVEN under my signature and the seal of the Court, this
  126. day of 19 .
  127. Judge.
  128. No. 15
  129. ORDER FOR THE RELEASE OF A PERSON IMPRISONED
  130. IN EXECUTION OF A DECREE
  131. (Section 58,59)
  132. (Title)
  133. To
  134. The Officer in charge of the Jail at
  135. No. 30
  136. ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF
  137. SALE
  138. (O. 21, r. 66)
  139. into custody, and to bring him before this Court, in order that he may
  140. show cause why he should not furnish security to the amount of
  141. Taka for his personal appearance before the Court,
  142. until such time as the said suit shall be fully and finally disposed of,
  143. and until satisfaction of any decree that may be passed against him in
  144. the suit.
  145. 1 The space with heading "a" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  146. 2 The word "Poisha" was substituted, for letter "p" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  147. 3 The space with heading "a" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  148. 4 The word "Poisha" was substituted, for letter "p" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  149. 1 The words "Appellate Division" were substituted, for the words "Supreme Court" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
  150. No. 10
  151. APPLICATION TO APPEAL in forma pauperis (O. 44, r. 1)
  152. (Title)
  153. I the above-named, present the
  154. accompanying memorandum of appeal from the decree in the above
  155. suit and apply to be allowed to appeal as a pauper.
  156. Annexed is a full and true schedule of all the moveable and
  157. immovable property belonging to me with the estimated value thereof.
  158. Dated the day of 19 .
  159. (Signed).
  160. Note. − Where the application is by the plaintiff he should state
  161. whether he applied and was allowed to sue in the Court of first instance
  162. as a pauper.
  163. No. 11
  164. NOTICE OF APPEAL in forma pauperis (O. 44, r. 1)
  165. (Title)
  166. WHEREAS the above-named has applied to be allowed to
  167. appeal as a pauper from the decree in the above suit dated the
  168. day of 19 and whereas the day of
  169. 19 has been fixed for hearing the application,
  170. notice is hereby given to you that if you desire to show cause why the
  171. applicant should not be allowed to appeal as a pauper an opportunity
  172. will be given to you of doing so on the afore-mentioned date.
  173. GIVEN under my hand and the seal of the Court, this day of
  174. 19 . Judge.
  175. No. 12
  176. NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE
  177. 1 [A D ] G . (O. 45, r. 3)
  178. PPELLATE IVISION SHOULD NOT BE RANTED
  179. (Title)
  180. To
  181. TAKE notice that has
  182. applied to this Court for a certificate that as regards amount or value
  183. and nature the above case fulfils the requirements of section 110 of
  184. the Code of Civil procedure, 1908, or that it is otherwise a fit one for
  185. No. 6
  186. NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATIONS OF A
  187. WITNESS ABOUT TO LEAVE THE JURISDICTION . (O. 18, r. 16)
  188. (Title)
  189. To
  190. Plaintiff (or defendant).
  191. WHEREAS in the above suit application has been made to the
  192. Court by that the examination of
  193. , a witness required by the said , in the said
  194. suit may be taken immediately ; and it has been shown to the Court's
  195. satisfaction that the said witness is about to leave the Court's
  196. Jurisdiction (or any other good and sufficient cause to be Stated) :
  197. TAKE notice that the examination of the said witness
  198. will be taken by the Court on the day of 19
  199. Particulars
  200. Place of residence
  201. Description

Read the contents: The Code of Civil Procedure, 1908