3 3 civil applications (1)

8/10/2019 3 3 Civil Applications (1)

1/213

::Key Notes on Interlocutory applications::

P.H. Manjunath.

Advocate.

Bellary.

Mobile:944!"#$%%

1


2/213

&his Key Notes 'ritten 'ith the support and help o()ri. K.Kotesh'ar *ao+ Miss. ,.*. Pad-ini+ -e-bers o(Bellary Bar Association and so-e o( la' related 'ebsites and boos.

&his Key Notes is not an accurate one+ but it is (or-at/athered in(or-ation in /eneral and help(ul (or the0unior Advocates+ 'ho starts their la' practice+ they'ill /et brie( in(or-ation.

In this Key Notes so-e o( the I.A.1s has been e2plainedand so-e o( the I.A.1s are not been e2plained.

&his Key Notes is not 'ritten (or sale or publicitypurpose and i( any one by usin/ or eepin/ this boo

in -ind /et any loss+ da-a/e or anythin/ in ne/ative+ I'ill not personally liable (or that.

&hanin/ you+

P.H. Manjuanth.

Advocate. Bellary.

2


3/213

$. 3hat is -ean by Interlocutory application

#. 3hich applications should be (iled acco-panyin/

'ith an a((idavit

Ans'ers:

&H5 KA*NA&AKA 6I7I8 *85) ; P*A6&I65+ $9!


4/213

Ci"il Applications Inde!

Applications Page Nos.

1. Strike out or add parties (Impleading application) (O-1 R-1!(")) 8

". #ranspose a plainti$$ to t%e position o$ a de$endant (O-1 R-1!(&)) 11

'. Sustituted serice (paper pulication) (O-* R-"!(1A)) 1+

+. Amendment o$ pleadings (O-& R-1,) 1,

*. it%dra t%e suit to present it e$ore proper court (O-, R-1!(a)) "!

&. Production o$ documents / t%e plainti$$ (O-, R-1+("('))) "'

,. Production o$ documents / t%e de$endant (O-8 R-1(A)) "&

8. Restore t%e suit dismissed $or non pa/ment o$ process $ee and "0

dismiss $or de$ault (O-0 R-+)

0. Set aside 2-parte orders (O-0 R-,) '!

1!. Set aside t%e 2 Parte 3ecree (O-0 R-1') ''

11. 4or 3iscoer/ / Interrogatories (O-11 R-1) '&

1". 4or 3iscoer/ o$ 3ocuments (O-11 R-1") '&

1'. 4or Inspection o$ 3ocuments (O-11 R-18(1)) ',

1+. Application 4or Impounding o$ 3ut/ and Penalt/ '8

(Sec. '+ and '* o$ Stamp Act R5 O-1' R-' + R5 Sec. 1*1 o$ 6.P.6)

1*. 4or Return o$ 3ocuments %ile suit pending (O-1' R-0) +1

1&. 3ocument Return Application (O-1' R-0) +"

1,. 4or Return o$ 3ocuments a$ter disposal o$ suit (O-1' R-0(1)) +*

18. Sent records $rom anot%er court (O-1' R-1!(1)) +&

10. Amendment o$ Issues (O-1+ R-*) +,

"!. Application $or $raming o$ Additional Issues (O-1+ R-* "(")) +8

"1. itness list cite and summon application (O-1& R-1'&) *15556all $or Records application (O-1& R-&)

5556all $or Salar/ 6erti$icate (O-1& R-&)

5554or summons to produce documents (O-1& R-&)

5557and oer summons (O-1& R-,(+))

555itness $ails to appear gie eidence or produce documents

soug%t $or e$ore court t%en application $or arrant (O-1& R-1!)

"". Adournment Application (O-1, R-1) *&

"'. 2amine itness e$ore commencement o$ #rail (O-18 R-1&) *0

"+. Re call application (O-18 R-1,) &!

0


5/213

Applications Page Nos.

"*. Pa/ment o$ 3ecree amount in installments (O-"! R-11(")) &"

"&. #rans$er o$ decree (O-"1 R-1&) &"

",. Sta/ o$ 2ecution Petition ground o$ pre$erring appeal (O-"1 R-"&) &'

"8. Sta/ 2ecution pending suit eteen 3.7.R and 9.3.R (O-"1 R-"0) &'

"0. Arrest o$ 93R in .P. (O-"1 '! R-',) &+

'!. Attac%ment o$ ;oeale propert/ in .P. (O-"1 R-+') &*

'1. Attac%ment o$ salar/ in .P. (O-"1 '! R-+8) &&

'". Attac%ment o$ Immoeale propert/ in .P. (O-"1 R-*+) &8

''. Remoal o$ attac%ment a$ter satis$action o$ t%e decree (O-"1 R-**) &8

'+. 6laim / #%ird part/ (O-"1 R-*8) &0

'*. Sta/ o$ sale pending claim application (O-"1 R-*0) ,!

'&. Sale o$ attac%ed properties in .P. (O-"1 R-&+) ,!

',. Participate in t%e Auction (O-"1 R-,") ,1

'8. ;ortgagee $or permission to participate in t%e Auction (O-"1 R-,"(A)) ,1

'0. Postponement o$ sale at t%e re


6/213

*&. Arrest e$ore udgment application (O-'8 R-1) 11!

*,. Attac%ment e$ore 9udgment application (O-'8 R-*) 11'

*8. #emporar/ Inunction Application (O-'0 R-1 and " 1!) 11,

*0. Arrest o$ Opponent $or @iolating #.I (O-'0 R-"(a)) 1"1

&!. 3e$endant claiming Inunction against plainti$$ (Order-'0 Rule-1 and ") 1""

&1. Appointment o$ Receier (O-= R-*(1)) 1"&

&". Appellant court to sta/ t%e loer court decree(O-=I R-*(1)) 1",

&'. Sta/ e$ore same court %ic% passed decree (O-=I R-*(")) 1",

&+. Restoration o$ Appeal dismissed $or de$ault (O-=I R-10)) 1"8

&*. 4or appeal decided 2 Parte (O-=I R-"1) 1"8

&&. Adduce additional eidence in Appellant court (O-=I R-",) 1"0

&,. #rans$er o$ suits one court to anot%er court (Section-"+) 1'!

&8. Section-8! 6.P.6. dispense application (Section 8!(")) 1'1

&0. 2tension o$ time application (Section -1+8) 1'+

,!. Re Open application (Section -1*1) 1',

,1. Permission $or $iling ritten statement (Section -1*1) 1'0

,". Permission to depositing t%e Arrears o$ Rents56laim amount (Section-1*1)1+1

,'. Permission $or deposit t%e amount in t%e court (Section-1*1) 1+1

,+. Application $or Restoration o$ dismissed suit on same da/ (Section-1*1) 1+1

,*. Permission $or police %elp to en$orce t%e court orders (Section-1*1) 1+1

,&. Strike o$$ plaint or ritten statement $or non compliance (Section-1*1) 1+1

,,. Set aside orders datedB. permit to $ile counter5repl/ etc (Section-1*1) 1+"

,8. Crgent application (Section -1*1) 1++

,0. Adancement application (Section -1*1) 1+&

8!. 6%es on record (Sec-* o$ =imitation Act) 1*,

8&. O$$icial ?aDette noti$ication in Nes paper (I.6. 6ase) 1&!

(Section- ,+(1) o$ t%e Proincial Insolenc/ Act-10"!)

8,. ;aking oer suits to principal court (section 0 o$ ciil courts act) 1&'


7/213

3emo4s Inde!

3emos Page 5os.

1. Adoption memo 10

2. 6** and Cost memo 1/. 3emo or intimation o death 1

0. 3emo or no o&$ection 18

. 3emo o Appearance 179

. 5ot press memo 171

7. Reer to :o% Adalath 172

. ;.I. compliance 170

8.


8/213

1. Strike out or add parties (Impleading application) (O-1, R-10(2))

6ivil Procedure 6ode $9%+ *,5* I

rder>$+ *ule $%?#@ 6ourt -ay strie out or add parties.>

The Court may at any stage of the proceedings, either upon or without theapplication of either party, and on such terms as may appear to the Court to bejust, order that the name of any party improperly joined, whether as plaintiff ordefendant, be struck out, and that the name, of any person who ought to havebeen joined, whether as plaintiff or defendant, or whose presence before theCourt may be necessary in order to enable the Court effectually and completelyto adjudicate upon and settle all the questions involved in the suit, be added.

Important while impleading:

rder!", #ule "$ %&' (ubject to the provisions of the Indian )imitation *ct, "+%"& of "+', section --, the proceedings as against any person added asdefendant shall be deemed to have begun only on the service of the summons.


9/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..

Bet'een: ! ! ! /laintiff0s

>AN,>.. ! ! ! 1efendant0s

I.A. No..Bet'een:

. > > > Applicants>AN,>

@@@@@@@@@ > > > pponents

Application 6iled on ehal o the ApplicantBsBPlaintiBsBdeendantBsApplication 6iled on ehal o the ApplicantBsBPlaintiBsBdeendantBs

under rder-1, Rule-19(2) RB Section-11 o Ci"il Procedure Code.under rder-1, Rule-19(2) RB Section-11 o Ci"il Procedure Code.

2or the reasons mentioned in the accompanying affidavit it isprayed that the 3on4ble Court may be pleased to add opponent0s 5oas 1efendant0s 5o. in the above case as mentioned below,

their0his0her presence is necessary for effectual and completeadjudication of all the questions involved in the above suit, which wouldmeet the ends of justice.

Proposed 3e$endant No B.:

SmtBSri. @@@@.,w0o.(0o,*ged about .,3indu06uslim,

7orking0occupation..,*ddress

Date

Place Adocate $or Applicant5s5Plainti$$5s5de$endant5s

8


10/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..Bet'een:

! ! ! /laintiff0s>AN,>

.. ! ! ! 1efendant0s

::A((idavit o( the Applicant No. ::

I, , 70o (ri. .., *ged about .years, 3indu,working as .., #0o .., do hereby solemnly affirm andstate on oath as follows:

". I am the applicant05o.. herein and plaintiff0defendant in the above

suit as such we are fully conversant with the facts of the suit.

-. I have filed this suit for partition and separate possession of thesuit schedule properties.

8. The averments made in the plaint may be read as part of thisaffidavit to avoid the repetition.

9. {Note: reasons has to be mentioned here as per your casefact and circumstances to allow your application.}

&. 3ence the opponent 5o.. to be added as 1efendants 5o. . forjust complete and effectual decision in the above suit.

. If the opponent 5o.. are added as defendant0s 5o in theabove suit, no prejudice will be caused to the other defendantswho are already on record, otherwise i0we will be put to greathardship, irreparable loss and injury.

. 3ence, we pray that the 3on4ble court may be pleased to addopponent0s 5o. as defendant0s 5o. in the above suit, in theinterest of justice and equity.

Identified by me

Advocate DeponentSworn to and signed/Ltm before me at on this day of month Year

Before me.-------

19


11/213

2. Transpose a plaintiff to the position of a defendant (O-1, R-10(6))

RD*R I- PAR;I*S 6 S


12/213

IN &H5 HN1B85 6*& ; ..A& ..

M.7.6..). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application iled on &ehal o the ApplicantB@@@@..


13/213

IN &H5 HN1B85 6*& ; ..A& ..

M.7.6..). No. ..

Bet'een: ! ! ! /laintiff0s>AN,>




1. I am the Respondent 5o@. in the a&o"e case and as such I am ully

con"ersant #ith the acts o the case.

{Note: reasons has to be mentioned here as per your case fact andcircumstances to allow your application.}

2. Recently I ha"e impleaded as Respondent 5o.2 in the a&o"e case and I

am the mother o the deceased Sharanappa and I am the legal heir o the

deceased, I am entitled or ull compensation #hich is going to a#ard in

the a&o"e case.

/. 6urther it is rele"ant to su&mit that the Petitioner 5o.1 is no# residing

#ith her second hus&and Dadapeer at >oppal, &ut iled this case or

compensation alsely and she is not entitled or compensation. I am old

aged and legal heir o the deceased. ;hereore it is "ery necessary to

transpose me as a petitioner 5o./ to get compensation in the a&o"e case.

0. I the Eon4&le court allo#ed my application no harm #ill &e caused to the

Petitioners and Respondent 5o.1. I not allo#ed I #ill &e put to great

hardship, loss and in$ury.

. ;hereore, I pray that the Eon4&le court may &e pleased to transpose me

to the position o a Petitioner 5o./Bplainti 5o@. in the a&o"e case,

#hich #ould meet the ends o $ustice Identiied &y me,

Identified by me


Before me.

----------------

1/


14/213

3.S!stitted ser"ice (paper p!lication) (O-#, R-20(1$))

6ivil Procedure 6ode $9% + *,5* 7

I))5 AN, )5*7I65 ; )MMN)

#ule: -$. (ubstituted service

%"' 7here the Court is satisfied that there is reason to believe that the defendant iskeeping out of the way for the purpose of avoiding service, or that for any other reasonthe summons cannot be served in the ordinary way, the Court shall order thesummons to be served by affi;ing a copy thereof in some conspicuous place in theCourt!house, and also upon some conspicuous part of the house %if any' in which thedefendant is known to have last resided or carried on business or personally workedfor gain, or in such other manner as the Court thinks fit.

$ ?lA@ 3here the 6ourt actin/ under sub>rule ?$@ orders service by anadvertise-ent in a ne'spaper+ the ne'spaper shall be a daily ne'spapercirculatin/ in the locality in 'hich the de(endant is last no'n to have actuallyand voluntarily resided+ carried on business or personally 'ored (or /ain.C

%-'


15/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application 6iled on ehal o the ApplicantBsBPlaintiBsBdeendantBsApplication 6iled on ehal o the ApplicantBsBPlaintiBsBdeendantBs

under rder-, Rule-29 (1A) RB Section-11 o Ci"il Procedureunder rder-, Rule-29 (1A) RB Section-11 o Ci"il Procedure

Code.Code.

6or the reasons mentioned in the accompanying aida"it, it is prayed that theEonora&le Court may &e pleased to order to issue notice to the last %no#n

address o the pponent 5o. 1 and 2 &y #ay o Paper Pu&lication in daily

>annada 5e#spaper namely Ee Namma Fannada NaduG#hich is #idely

circulated #here the pponents are residing, in the interest o ustice.

.

DatePlace Adocate $or Applicant5s5Plainti$$5s

1


16/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..





1. I am the applicant05o.. herein and plaintiff0defendant in the above

suit as such we are fully conversant with the facts of the suit.

2. I have filed this suit for partition and separate possession of thesuit schedule properties.

8. The averments made in the plaint may be read as part of thisaffidavit to avoid the repetition.


0. I ha"e ta%en out the notice to the pponents through court and also &yR.P.A.D. &ut pponents4 5o. 1 and 2 inspite o residing in the sameaddress, #illully and deli&erately e"ading to recei"e the notice issued &y

the Eon4&le Court #ith a malaide intention.

. Inspite o &est eorts made &y me the summons #ere not ser"ed to thea&o"e named deendants. annada 5e#spaper

namely Ee Namma Fannada NaduG#hich is #idely circulated #here

the deendant is residing, #hich #ould meet the ends o ustice.

Identified by me


Before me.---------

1


17/213

%. $mendment of pleadings (O-6, R-1&)

6ivil Procedure 6ode $9%+ *,5* 7IP85A,IND) D5N5*A88= ?&H5 ;I*)& )6H5,85@

*ule>$

The Court may at any stage of the proceedings allow either party o alter oramend his pleadings in such manner and on such terms as may be just, and allsuch amendments shall be made as may be necessary for the purpose ofdetermining the real question in controversy between the parties.

/rovided that no application for amendment shall be allowed after the trial has

commenced, unless the Court conies to the conclusion that in spite of duediligence, the party could not have raised the matter before the commencementof trial.

17


18/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application iled on &ehal o the ApplicantBPlainti under

rder-=1, Rule-17, and RB# Sec-11 o C.P.C

4or t%e reasons mentioned in t%e accompan/ing a$$idait it is pra/ed

t%at t%e 7on>le court ma/ e pleased to amend t%e plaint5ritten

statement as under in t%e interest o$ ustice and e


19/213


20/213

----------------

29


21/213

#. 'ithdra the sit to present it !efore proper cort (O-&, R-10(a))

OR3R @II

P=AIN#

Rule 19. Return o plaint

(1) 1Su&$ect to the pro"isions o rule 19A, the plaint shall at any state o the suit &e returned to &e

presented to the Court in #hich the suit should ha"e &een instituted.

2*!planation.L6or the remo"al o dou&ts, it is here&y declared that a Court o appeal or re"ision maydirect, ater setting aside the decree passed in a suit, the return o the plaint under this su&-rule.

(2) procedure on returning plaintLn returning a plaint, the udge shall endorse thereon the date o its

presentation and return, the name o the party presenting it, and a &rie statement o the reasons orreturning it.

119A. Po#er o Court to i! a date o appearance in the Court #here plaint is to &e iled ater its return

(1) here, in any suit, ater the deendant has appeared, the Court is o opinion that the plaint should &e

returned, it shall, &eore doing, so, intimate its decision to the plainti.

(2) here an intimation is gi"en to the plainti under su&-rule (1), the plainti may ma%e an applicationto the CourtL

(a) speciying the Court in #hich he proposes to present the plaint ater its return,

(&) praying that the Court may i! a date or the appearance o the parties in the said Court, and (c)reGuesting that the notice o the date so i!ed may &e gi"en to him and to the deendant.

(/) here an application is made &y the plainti under su&-rule (2), the Court shall, &eore returning theplaint and not#ithstanding that the order or return o plaint #as made &y it on the ground that it has no

$urisdiction to try the suit,L

(a) i! a date or the appearance o the parties in the Court in #hich the plaint is proposed to &epresented, and

(&) gi"e to the plainti and to the deendant notice o such date or appearance.

(0) here the notice o the date or appearance is gi"en under su&-rule (/),L

(a) it shall not &e necessary or the Court in #hich the plaint is presented ater its return, to ser"e the

deendant #ith a summons or appearance in the suit, unless that Court, or reasons to &e recordedother#ise directs, and

(&) the said notice shall &e deemed to &e a summons or the appearance o the deendant in the Court in#hich the plaint is presented on the date so i!ed &y the Court &y #hich the plaint #as returned.

() here the application made &y the plainti under su&-rule (2) is allo#ed &y the Court, the plaintishall not &e entitled to appeal against the order returning the plaint.

21


22/213

IN #7 7ON>H= 6OCR# O4 BBBBBBBBBBBB..

A# BBBBBBBBB..

O.S. No. BBB.5BBBB.

Heteen:@@@@@@@ - - - PlaintiBs

-AN3-

@@@@@@.. - - - DeendantBs

I.A. NoBB..Heteen:

@@@@@@@@@@. - - - Applicant5s

-AN3-

@@@@@@@@@ - - - Opponent5s

Application $iled on e%al$ o$ t%e Applicant5Plainti$$ under Order-@II

Rule-1! (a) R5 Sec-1*1 o$ 6.P.6.:

6or the reasons mentioned in the accompanying aida"it, it is prayed that the

Eon'&le Court may &e pleased to permit the Applicant to #ithdra# the a&o"e suit

to present it &eore the proper court i.e., Eon4&le Principal Ci"il udge (Sr.Dn),

ellary in the ends o $ustice and eGuity.

Date

Place Adocate $or Applicant5s5Plainti$$5s

22


23/213

IN #7 7ON>H= 6OCR# O4 BBBBBBBBBBBB..

A# BBBBBBBBB..

O.S. No. BBB.5BBBB.

Heteen:@@@@@@@ - - - PlaintiBs

-AN3-

@@@@@@.. - - - DeendantBs

::A$$idait o$ t%e Applicant NoB. ::

I, , W/o Sri. .., Aged about .years,

Hindu, working as .., R/o .., do hereby

solemnly affirm and state on oath as follows:

1. I am the applicantB5o.. here in and plainti@ in the a&o"e case and as such #e

are ully con"ersant #ith the acts o the case.

2. ;he a"erments made in my plaint may &e read as part and parcel o this

aida"it to a"oid repetition.

/. I ha"e iled the a&o"e suit against the deendant or @@@@@@@@@@.


0. I the Eon4&le Court does not permit me ta%e &ac% and order or

presenting the suit to the proper court I along #ith the other plaintiBs

#ill &e put to total loss, in$ury and hardship and myBour hard ought

litigation #ill &e in "ain and our rights #ill also &e put in to $eopardy and

#e may also loose in iling a resh suit once again and it #ould &eeGuita&le and $ustiia&le

. Eence I pray that the Eon4&le court may &e pleased to permit the Applicant to

#ithdra# the a&o"e suit to present it &eore the proper court i.e., Eon4&le

Principal Ci"il udge (Sr.Dn), ellary in the ends o $ustice and eGuity.

Identified by me


Before me.

2/


24/213

----------

20


25/213

6. rodction of docments !* the plaintiff (O-&, R-1%(2(+)))

6ivil Procedure 6ode $9%+ *,5* 7II

*,5* 7II > P8AIN& ?&H5 ;I*)& )6H5,85@

,ocu-ents relied on in plaint

"@"9. /roduction of document on which plaintiff sues or relies

%"' 7here a plaintiff sues upon a document or relies upon document in hispossession or power in support of his claim, he shall enter such document in alist, and shall produce it in court when the plaint is presented by him and shall,at the same time deliver the document and a copy thereof, to be filed with theplaint.

%-' 7here any such document is not in the possession or power of the plaintiff,he shall, wherever possible, state in whose possession or power it is.

-@%8' * document which ought to be produced in Court by the plaintiff when theplaint is presented, or to be entered in the list to be added or anne;ed to theplaint but is not produced or entered accordingly, shall not, without the leave ofthe Court, be received in evidence on his behalf at the hearing of the suit.AB

%9' 5othing in this rule shall apply to document produced for the crosse;amination of the plaintiffs witnesses, or, handed over to a witness merely torefresh his memory.A

2


26/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application iled on &ehal o the ApplicantBPlainti


27/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



::A((idavit o( the Applicant No. ::I, , 70o (ri. .., *ged about .years, 3indu,

working as .., #0o .., do hereby solemnly affirm andstate on oath as follows:

1.1. As I am the plainti herein and as such I am ully con"ersant #ith theAs I am the plainti herein and as such I am ully con"ersant #ith theacts and circumstances o the a&o"e case.acts and circumstances o the a&o"e case.

2.2. ;he a&o"e case is stands posted on or e"idence o the plainti. In spite;he a&o"e case is stands posted on or e"idence o the plainti. In spite

o my due diligence I could not produced the documents #hich areo my due diligence I could not produced the documents #hich are

mentioned in the separate list herein.mentioned in the separate list herein.


/./. ;he said documents #ere traced out recently, ailure to produce said;he said documents #ere traced out recently, ailure to produce said

documents earlier at the rele"ant stage is my &onaide mista%e and notdocuments earlier at the rele"ant stage is my &onaide mista%e and notha"ing any intentional one.ha"ing any intentional one.

0.0. ;he said documents are "ery essential and material to pro"e my case and;he said documents are "ery essential and material to pro"e my case and

dispro"e the case o the Plainti.dispro"e the case o the Plainti.

.. I the Eon4&le Court does not permit me to produce the said documents inI the Eon4&le Court does not permit me to produce the said documents in

the a&o"e case, I #ould &e deinitely put to great hardship, loss andthe a&o"e case, I #ould &e deinitely put to great hardship, loss and

in$ury, #hereas i my application is allo#ed other side #ill not &e put toin$ury, #hereas i my application is allo#ed other side #ill not &e put to

such hardship or pre$udice.such hardship or pre$udice.

.. Eence, it is prayed that the Eon4&le Court may &e pleased to recei"e theEence, it is prayed that the Eon4&le Court may &e pleased to recei"e the

documents, #hich are mentioned in the separate list produced herein, &ydocuments, #hich are mentioned in the separate list produced herein, &y

me on record, &y condoning the delay i any, in the interest o ustice.me on record, &y condoning the delay i any, in the interest o ustice.

Identified by me


Before me.

27


28/213

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2


29/213


30/213


31/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..




I, , 70o (ri. .., *ged about .years, 3indu,working as .., #0o .., do hereby solemnly affirm and

state on oath as follows:

1.1. As I am the Deendant herein and as such I am ully con"ersant #ith the actsAs I am the Deendant herein and as such I am ully con"ersant #ith the acts

and circumstances o the a&o"e case.and circumstances o the a&o"e case.

2.2. ;he a&o"e case is stands posted on or e"idence o the deendant In spite o;he a&o"e case is stands posted on or e"idence o the deendant In spite o

my due diligence I could not produced the documents #hich are mentionedmy due diligence I could not produced the documents #hich are mentioned

in the separate list herein.in the separate list herein.


/./. ;he said documents #ere traced out recently, ailure to produce said;he said documents #ere traced out recently, ailure to produce saiddocuments earlier at the rele"ant stage is my &onaide mista%e and not ha"ingdocuments earlier at the rele"ant stage is my &onaide mista%e and not ha"ing

any intentional one.any intentional one.

0.0. ;he said documents are "ery essential and material to pro"e my case and;he said documents are "ery essential and material to pro"e my case and

dispro"e the case o the Plainti.dispro"e the case o the Plainti.

.. I the Eon4&le Court does not permit me to produce the said documents in theI the Eon4&le Court does not permit me to produce the said documents in the

a&o"e case, mysel and other deendants #ould &e deinitely put to greata&o"e case, mysel and other deendants #ould &e deinitely put to great

hardship, loss and in$ury, #hereas i my application is allo#ed other side #illhardship, loss and in$ury, #hereas i my application is allo#ed other side #ill

not &e put to such hardship or pre$udice.not &e put to such hardship or pre$udice.

.. Eence, it is prayed that the Eon4&le Court may &e pleased to recei"e theEence, it is prayed that the Eon4&le Court may &e pleased to recei"e the

documents, #hich are mentioned in the separate list produced herein, &y medocuments, #hich are mentioned in the separate list produced herein, &y meon record, &y condoning the delay i any, in the interest o ustice.on record, &y condoning the delay i any, in the interest o ustice.

Identiied &y me

Ad"ocate DeponentSworn to and signed/Ltm before me at on this day of month Year

Before me.

---------

/1


32/213


33/213

. Set aside /-parte orders (O-, R-&)

*,5* IE. > APP5A*AN65 ; PA*&I5) AN, 6N)5F5N65 ;NN>APP5A*AN65 ?&H5 ;I*)& )6H5,85@*,5* IE

*,5* IE+ *ule>


34/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application iled on &ehal o the ApplicantBDeendant


35/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



A$$idait o$ t%e Applicant:

I, @@@@@@@@@..SBo. @@@@@@@, aged a&out @@.years,I, @@@@@@@@@..SBo. @@@@@@@, aged a&out @@.years,

Eindu, agriculturist, RBo ;horanagal "illage, ellary talu% and District, no#Eindu, agriculturist, RBo ;horanagal "illage, ellary talu% and District, no#

come o"er to ellary, do here&y on solemn airmation state on oath as ollo#scome o"er to ellary, do here&y on solemn airmation state on oath as ollo#s

1. I am the Deendant in the a&o"e case and as such I am ully con"ersant #ith theacts and circumstances o the case.

2. ;he a&o"e case is stands posted on @@@@. or my appearance.

5ote {Note: reasons has to be mentioned here as per your case factand circumstances to allow your application.}

/. @@@@@@@@@@@@@@@@@@

0. I ha"e got a good case to deend the plainti in the said case and my pre"ious

non appearance &eore this court is not intentional one &ut ha"ing the a&o"e said

reasons.

. I my application #ill &e allo#ed no pre$udice #ill &e caused to other side

moreo"er it helps to ad$udicate the matter completely and i my application #ill

not &e allo#ed then I #ill &e put to great hardship and loss.

. Eence, &y considering the said acts, I prays that the Eon4&le Court may &epleased to set aside the e!-parte orders passed &y this Eon4&le court against this

applicantBdeendant on @@@@@, #hich #ould meet the ends o $ustice.

Identiied &y me

Ad"ocate. Deponent.

Sworn to and signed/Ltm before me at on this day of month Year

Before me.----------

/


36/213

10. Set aside the / arte ecree (O-, R-1+)

*,5* IE. > APP5A*AN65 ; PA*&I5) AN, 6N)5F5N65 ;NN>APP5A*AN65 ?&H5 ;I*)& )6H5,85@*,5* IE

*,5* IE+ *ule>


37/213


38/213


39/213

11.or isco"er* !* Interrogatories (O-11, R-1)

RD*R MI

DISC=*RN A5D I5SP*C;I5

Rule 1. Disco"ery &y interrogatories

In any suit the plainti or deendant &y lea"e o the Court may deli"er interrogatories

in #riting or the e!amination o the opposite parties or any one or more o such parties

and such interrogatories #hen deli"ered shall ha"e a note at the oot thereo stating

#hich o such interrogatories each o such persons is reGuired to ans#er Pro"ided that

no party shall deli"er more than one set o interrogatories to the same party #ithout an

order or that purpose Pro"ided also that interrogatories #hich do not relate to any

matters in Guestion in the suit shall &e deemed irrele"ant, not#ithstanding that they

might &e admissi&le on the oral cross-e!amination o a #itness.

12.or isco"er* of ocments (O-11, R-12)

RD*R MI

DISC=*RN A5D I5SP*C;I5

Rule 12. Application or disco"ery o documents

Any party may, #ithout iling any aida"it, apply to the Court or an order directing

any other party to any suit to ma%e disco"ery on oath o the documents #hich are or

ha"e &een in his possession or po#er, relating to any matter in Guestion therein. n the

hearing o such application the Court may either reuse or ad$ourn the same, i satisied

that such disco"ery is not necessary, or not necessary at that stage o the suit, or ma%e

such order, either generally or limited to certain classes o documents, as may, in its

discretion &e thought it

Pro"ided that disco"ery shall not &e ordered #hen and so ar as the Court shall &e oopinion that it is not necessary either or disposing airly o the suit or or sa"ing costs.

/8


40/213

1+.or Inspection of ocments (O-11, R-1(1))

OR3R I

3IS6O@RJ AN3 INSP6#ION

Rule-18. Order $or inspection

(1) here the party ser"ed #ith notice under rule 1 omits to gi"e such notice o a time

or inspection or o&$ects to gi"e inspection, or oers inspection else#here than at the

oice o his pleader, the Court may, on the application o the party desiring it, ma%e an

order or inspection in such place and in such manner as it may thin% it

Pro"ided that the order shall not &e made #hen and so ar as the Court shall &e o

opinion that, it is not necessary either or disposing airly o the suit or or sa"ing costs.

(2) Any application to inspect documents, e!cept such as are reerred to in thepleadings, particulars or aida"its o the party against #hom the application is made or

disclosed in his aida"it o documents, shall &e ounded upon an aida"it sho#ing o

#hat documents inspection is sought, that the party applying is entitled to inspect them,

and that they are in the possession or po#er o the other party. ;he Court shall not

ma%e such order or inspection o such documents #hen and so ar as the Court shall &e

o opinion that it is not necessary either or disposing airly o the suit or or sa"ing

costs.

09


41/213

. $pplication 4or Impounding o$ 3ut/ and Penalt/(Sec. '+ and '* o$ Stamp Act R5 O-1' R-' + R5 Sec. 1*1 o$ 6.P.6)

#1CTI5, I6/>51I5E *51 ##5 2 1C>6


42/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application $iled on e%al$ o$ t%e Applicant53e$endant under

Order III Rules ' and + read it% Sec. 1*1 o$ 6. P.6

6or the reasons mentioned in the accompanied aida"it, it is prayed that

the Eon4&le Court &e pleased to direct the plaintiBpponent to pay duty andpenalty o Rs@@. &y impounding the *!hi&it P-2 and *!hi&its P-document

&y deciding the admissi&ility o the alleged documents in e"idence, in theinterest o $ustice.

Date

Place Adocate $or Applicant5s5de$endant5s

02


43/213

IN &H5 HN1B85 6*& ; ..

A& ..

.). No. ..





I am the applicant05o.. herein and defendant in the above suit as suchwe are fully conversant with the facts of the suit.

{Note: who have filed above case and what is your main relief hasto be mentioned here.}

The averments made in the written statement may be read as part of thisaffidavit to avoid the repetition.


;hereore, it is prayed that the Eon4&le court &e pleased to direct the plainti to pay

duty and penalty o Rs. @@@@@.. &y impounding the suit document ie., @@@..

dated MM-MM-MMMM, in the interest o $ustice.

Identified by me


Before me.

-----------

0/


44/213

1.or Retrn of ocments hile sit pending (O-1+, R-)

OR3R III

PRO3C6#ION I;POCN3IN? AN3 R#CRN O4 3O6C;N#S

RuleK 0. Return o$ admitted documents

(1) An/ person %et%er a part/ to t%e suit or not desirous o$ receiing ack an/

document produced / %im in t%e suit and placed on t%e record s%all unless t%e

document is impounded under rule 8 e entitled to receie ack t%e same-

(a) %ere t%e suit is one in %ic% an appeal is not alloed %en t%e suit %as een

disposed o$ and

() %ere t%e suit is one in %ic% an appeal is alloed %en t%e 6ourt is satis$ied

t%at t%e time $or pre$erring an appeal %as elapsed and t%at no appeal %as een

pre$erred or i$ an appeal %as een pre$erred %en t%e appeal %as een disposed

o$:

1LProided t%at a document ma/ e returned at an/ time earlier t%an t%at

prescried / t%is rule i$ t%e person appl/ing t%ere$ore-

(a) deliers to t%e proper o$$icer $or eing sustituted $or t%e original-

(i) in t%e case o$ a part/ to t%e suit a certi$ied cop/ and

(ii) in t%e case o$ an/ ot%er person an ordinar/ cop/ %ic% %as een e2amined

compared and certi$ied in t%e manner mentioned in su-rule (") o$ rule 1, o$

Order @II and

() undertakes to produce t%e original i$ re


45/213

16.ocment Retrn $pplication (O-1+, R-)

0


46/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application filed on behalf of the Applicant/.Application filed on behalf of the Applicant/.

Under Order-XIII, Rule-9 of C.P.C:Under Order-XIII, Rule-9 of C.P.C:

6or the reasons mentioned in the accompanying 3emorandum o 6acts, it6or the reasons mentioned in the accompanying 3emorandum o 6acts, itis prayed that the Eon4&le Court &e pleased to order or the return o theis prayed that the Eon4&le Court &e pleased to order or the return o the

documents i.e., *!.P-1 to *!.P-, #hich #ould meet the ends o $ustice.documents i.e., *!.P-1 to *!.P-, #hich #ould meet the ends o $ustice.

Date


0


47/213


48/213

17.or Retrn of ocments after disposal of sit (O-1+, R-(1))

OR3R III

PRO3C6#ION I;POCN3IN? AN3 R#CRN O4 3O6C;N#S

Rule: 0. Return o$ admitted documents

(1) An/ person %et%er a part/ to t%e suit or not desirous o$ receiing ack an/

document produced / %im in t%e suit and placed on t%e record s%all unless t%e

document is impounded under rule 8 e entitled to receie ack t%e same-

(a) %ere t%e suit is one in %ic% an appeal is not alloed %en t%e suit %as een

disposed o$ and

() %ere t%e suit is one in %ic% an appeal is alloed %en t%e 6ourt is satis$iedt%at t%e time $or pre$erring an appeal %as elapsed and t%at no appeal %as een

pre$erred or i$ an appeal %as een pre$erred %en t%e appeal %as een disposed

o$:

1LProided t%at a document ma/ e returned at an/ time earlier t%an t%at

prescried / t%is rule i$ t%e person appl/ing t%ere$ore-

(a) deliers to t%e proper o$$icer $or eing sustituted $or t%e original-

(i) in t%e case o$ a part/ to t%e suit a certi$ied cop/ and

(ii) in t%e case o$ an/ ot%er person an ordinar/ cop/ %ic% %as een e2amined

compared and certi$ied in t%e manner mentioned in su-rule (") o$ rule 1, o$

Order @II and

() undertakes to produce t%e original i$ re


49/213


50/213

1.$mendment of Isses (O-1%, R-#)

OR3R I@

S##=;N# O4 ISSCS AN3 3#R;INA#ION O4 SCI# ON ISSCS O4

=A OR ON ISSCS A?R3 CPON

Rule-*. Poer to amend and strike out issues.

(1) #%e 6ourt ma/ at an/ time e$ore passing a decree amend t%e issues or $rame

additional issues on suc% terms as it t%inks $it and all suc% amendments or

additional issues as ma/ e necessar/ $or determining t%e matters in controers/

eteen t%e parties s%all e so made or $ramed.

(") #%e 6ourt ma/ also at an/ time e$ore passing a decree strike out an/ issues

t%at appear to it to e rongl/ $ramed or introduced.M

9


51/213

20.$pplication for framing of $dditional Isses (O-1%, R-#, 2(2))

#1


52/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application iled on &ehal o the ApplicantB@@@@..


53/213


54/213

21.itness list, cite and smmon application (O-16, R-1,+,6)

6ivil Procedure 6ode $9% + *,5* E7I)MMNIND AN, A&&5N,AN65 ; 3I&N5))5)

#ule: ". )ist of witnesses and summons to witnesses

%"' n or before such date as the Court may appoint, and not later than fifteen daysafter the date on which the issues are settled, the parties shall present in Court a list ofwitnesses whom they propose to call either to give evidence or to produce documentsand obtain summonses to such person for their attendance in Court.

%-' * party desirous of obtaining any summons for the attendance of any person shallfile in Court an application stating therein the purpose for which the witness isproposed to be summoned.

%8' The Court may, for reasons to be recorded, permit a party to call, whether bysummoning through Court or otherwise, any witness, other than those whose namesappear in the list referred to in sub!rule %"', if such part shows sufficient cause for theomission to mention the name of such witness in the said list.

%9' (ubject to the provisions of sub!rule %-', summonses referred to in this rule may beobtained by the parties on an application to the Court or to such officer as may beappointed by the -@Court in this behalf within five days of presenting the list ofwitnesses under sub!rule %"'A.A

*,5* E7I )MMNIND AN, A&&5N,AN65 ; 3I&N5))5)!. )u--ons to produce docu-ent*ny person may be summoned to produce a document, without being summoned to

give evidence, and any person summoned merely to produce a document shall bedeemed to have complied with the summons if he causes such document to beproduced instead of attending personally to produce the same.

*,5* E7I)MMNIND AN, A&&5N,AN65 ; 3I&N5))5)

Rule-7A. Summons gi"en to party or ser"ice

(1) ;he Court may, on the application o any party or the issue o a summons or the

attendance o any person, permit such party to eect ser"ice o such summons on such

person and shall, in such a case, deli"er the summons to such party or ser"ice.

(2) ;he ser"ice o such summons shall &e eected &y or on &ehal o such party &y

deli"ering or tendering to the #itness personally a copy thereo signed &y the udge or

such oicer o the Court as he may appoint in this &ehal and sealed #ith the seal o the

Court.

(/) ;he pro"isions o rules 1 and 1 o rder = shall apply to a summons personally

ser"ed under this rule as i the person eecting ser"ice #ere a ser"ing oicer.

(+) I$ suc% summons %en tendered is re$used or i$ t%e person sered re$uses to

sign and acknoledgement o$ serice or $or an/ reason suc% summons cannot e

sered personall/ t%e 6ourt s%all on t%e application o$ t%e part/ re-issue suc%

0


55/213

summons to e sered / t%e 6ourt in t%e same manner as a summons to a

de$endant.

() here a summons is ser"ed &y a party under this rule, the party shall not &e

reGuired to pay the ees other#ise chargea&le or the ser"ice o summons.

*,5* E7I)MMNIND AN, A&&5N,AN65 ; 3I&N5))5)Rule- 1!. Procedure %ose itness $ails to compl/ it% summons

1(1) here a person to #hom a summons has &een issued either to attend to gi"e

e"idence or to produce a document, ails to attend or to produce the document in

compliance #ith such summons, the CourtL

(a) shall, i the certiicate o the ser"ing oicer has not &een "eriied &y aida"it, or iser"ice o the summons has &een eected &y a party or his agent, or

(&) may, i the certiicate o the ser"ing oicer has &een so "eriied, e!amine on oath

the ser"ing oicer or the party or his agent, as the case may &e, #ho has eected

ser"ice, or cause him to &e so e!amined &y any Court, touching the ser"ice or non-

ser"ice o the summons.

(2) here the Court sees reason to &elie"e that such e"idence or production is material,

and that such person has, #ithout la#ul e!cuse, ailed to attend or to produce the

document in compliance #ith such summons or has intentionally a"oided ser"ice, it

may issue a proclamation reGuiring him to attend to gi"e e"idence or to produce thedocument at a time and place to &e named thereinF and a copy o such proclamation

shall &e ai!ed on the outer door or other conspicuous part o the house in #hich he

ordinarily resides.

(/) In "ie# o or at the time o issuing such proclamation, or at any time ater#ards, the

Court may, in its discretion, issue a #arrant, either #ith or #ithout &ail, or the arrest o

such person, and may ma%e an order or the attachment o his property to such amount

as it thin%s it, not e!ceeding the amount o the costs o attachment and o any ine

#hich may &e imposed under rule 12

Pro"ided that no Court o Small Causes shall ma%e an order or the attachment o

immo"a&le property.


56/213

IN &H5 HN1B85 6*& ; ..A& ..

)M765P. No. ..

Bet'een: ! ! !>AN,>

.. ! ! !

I.A. No..Bet'een:. > > > Applicants

>AN,>

@@@@@@@@@ > > > pponents

(1)Application iled on &ehal the ApplicantB@@@..under rder-M=I,

Rule-, RB#. Section-11 o C.P.C6or the reasons mentioned in the accompanying aida"it it is prayed that

the Eon4&le court may &e pleased to call or the entire medical records

pertaining to the applicantBpetitioner rom =I3S, Eospital, ellary, in IP 5o.

/120 (date o Admission 9-9-9), in the interest o $ustice.

(")

Application iled on &ehal the ApplicantB@@@..under rder-M=I,

Rule-, RB#. Section-11 o C.P.C6or the reasons mentioned in the accompanying aida"it, it is prayed that6or the reasons mentioned in the accompanying aida"it, it is prayed that

the Eon4&le Court may &e pleased to call or the salary certiicate o udgment-the Eon4&le Court may &e pleased to call or the salary certiicate o udgment-

De&tor, in order to sho# that he has suicient means to pay the *P claimDe&tor, in order to sho# that he has suicient means to pay the *P claim

amount, #hich #ould meet the ends o $ustice.amount, #hich #ould meet the ends o $ustice.


57/213

(/)(/)

Application iled on &ehal o the ApplicantBplaintiBdeendant


58/213

IN &H5 HN1B85 6*& ; ..A& ..

)M765P. No. ..

Bet'een: ! ! !

>AN,>.. ! ! !

::A((idavit o( the Applicant . ::I, , 70o (ri. .., *ged about .years, 3indu,


1. I am the @@@@@.. in the a&o"e case and applicant herein and I %no# the

acts and circumstance o the a&o"e case.

". I iled the a&o"e case or @@@@@@@@@@@.. .


3.Note: if your application is not allowed what will be !oin! to behappen to you and your case" that has to mention here.#

4. $our %rayer:

Identified by me


Before me.----------


59/213

22. $d3ornment $pplication (O-1&, R-1)

*,5* E7II

A,0*NM5N&)

*ule: $. 6ourt -ay /rant ti-e and adjourn hearin/

"@%"' The Court may, if sufficient cause is shown, at any stage of the suit granttime to the parties or to any of them, and may from time to time adjourn thehearing of the suit for reasons to be recorded in writing:

/rovided that no such adjournment shall be granted more than three times to aparty during hearing of the suit.A

%-' Costs of adjournment!In every such case the Court shall fi; a day for thefurther hearing of the suit and -@shall make such orders as to costsoccassioned by the adjournment or such higher costs as the court deems fitA:

8@/rovided that,!

%a' when the hearing of the suit has commenced, it shall be continued fromday!to!day unti " all the witnesses in attendance have been e;amined, unlessthe Court finds that, for the e;ceptional reasons to be recorded by it, theadjournment of the hearing beyond the following day is necessary.

%b' no adjournment shall be granted at the request of a party, e;cept where thecircumstances are beyond the control of that party.

%c' the fact that the pleader of a party is engaged in another Court, shall not bea ground for adjournment.

%d' where the illness of a pleader or his inability to conduct the case for anyreason, other than his being engaged in another Court, is put forward as aground for adjournment, the Court shall not grant the adjournment unless it is

satisfied that the party applying for adjournment could not have engagedanother pleader in time.

%e' where a witness is present in Court but a party or his pleader is not presentor the party or his pleader, though present in Court, is not ready to e;amine orcross!e;amine the witness, the Court may, if it thinks fit, record the statement ofthe witness and pass such orders as it thinks fit dispensing with thee;amination!in!chief or cross!e;amination of the witness, as the case may be,by the party or his pleader not present or not ready as aforesaid.A

8


60/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application 4iled on He%al$ o$ t%e Applicant 5 BBBBBBB.

Cnder Order-@II Rule-1 R5. Section-1*1 o$ 6iil Procedure 6ode.

6or the reasons mentioned in the accompanying memorandum o acts it

is prayed that the Eon4&le Court may &e pleased to ad$ourn the a&o"e suit rom

e"idence o the deendant or a period o 19 days, #hich #ould meet the ends o

$ustice and eGuity.

Date


9


61/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



3emorandum o 6acts 6iled on ehal o the ApplicantBDeendant 5o@

It is su&mitted as ollo#s

1. ;he a&o"e suit is posted on today or @@@@@@@@(mar%ing o the

documents and cross o D-@..

2. ;he deendant 5o@.. is suering rom *nteric e"er since rom 9-91-2919 and doctor ad"ised him to ta%e complete &ed rest and thereore he is

not in a position to come and depose &eore the Eon4&le court.


/. ;hereore his a&sence and una&le ness to gi"e e"idence &eore the

Eon4&le court today is not an intentional one &ut ha"ing genuine reasons.

0. I the Eon4&le court not allo#ed this application Applicant along #ith

other Deendants #ill put to great hardship, loss and in$ury &ut i the

Eon4&le court allo#ed and ad$ourn the a&o"e suit same hardship, loss and

in$ury #ill not caused to the other side.

. ;he medical certiicate issued &y the doctor is here#ith iled or the %ind

perusal o the Eon4&le court.

. ;hereore it is prayed that the Eon4&le Court may &e pleased to ad$ournthe a&o"e suit rom e"idence o the deendant or a period o 19 days,

#hich #ould meet the ends o $ustice and eGuity.

Date

Place Adocate $or Applicant5s5Plainti$$5s5de$endant5s

--------------

1


62/213

2+. /amine itness !efore commencement of Trail (O-1, R-16)

OR3R @III

7ARIN? O4 #7 SCI# AN3 A;INA#ION O4 I#NSSS

Rule-1&. Poer to e2amine itness immediatel/

(1) here a #itness is a&out to lea"e the $urisdiction o the Court, or other suicient

cause is sho#n to the satisaction o the Court #hy his e"idence should &e ta%en

immediately, the Court may upon the application o any party or o the #itness, at any

time ater the institution o the suit, ta%e the e"idence o such #itness in manner herein

&eore pro"ided.

(2) here such e"idence is not ta%en orth#ith and in the presence o the parties, such

notice as the Court thin%s suicient, o the day i!ed or the e!amination, shall &e gi"en

to the parties.

(/) ;he e"idence so ta%en shall &e read o"er to the #itness, and i he admits it to &e

correct, shall &e signed &y him, and the udge shall, i necessary, correct the same, and

shall sign it, and it may then &e read at any hearing o the suit.

--------

2


63/213

24. Re-4all application (O-1,R-1&,)

*,5* E7III > H5A*IND ; &H5 )I& AN, 5EAMINA&IN ; 3I&N5))5)*ule> $ > > Applicants>AN,>

@@@@@@@@@ > > > pponents

Application $iled on e%al$ o$ t%e Applicant5BBBB.. Cnder Order-

18 Rule-1, R5. Section-1*1 o$ t%e 6ode o$ 6iil Procedure:

6or the reasons mentioned in the accompanying aida"it, it is prayed that

the Eon4&le Court &e pleased to recall the P.-1BD.-1 or the purpose o

cross-e!amination, #hich #ould meet the ends o $ustice.

Date


/


64/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..





1. I am the applicant05o.. herein and plaintiff0defendant in the above suitas such we are fully conversant with the facts of the suit.

2. I have filed this suit for partition and separate possession of the suitschedule properties.

/. The averments made in the plaint07ritten statement may be read aspart of this affidavit to avoid the repetition.


0. ;he a&o"e case is stands posted on today or e"idence o thedeendantBsBplaintiBs. *arlier on 1-9-2919 the a&o"e suit #as or cross

e!amination o the P-1BD-1 and I am the P-1BD-1 and on that day I#as una&le to appear &eore this Eon4&le court as I am #or%ing as or

@@@. and I could not get lea"e rom my super"isor as #e ha"e lot o #or%

to do in dutyB$o&.

. ;hereore, my counsel su&mitted the same &eore the Eon4&le court, &ut theEon4&le court closed e"idence o the plaintiBDeendant side and posted

today or @@@@@... 3y a&sence &eore this Eon4&le court on last date

o hearing is not an intentional one &ut ha"ing &onaied reasons.

.. I the Eon4&le Court does not recall me or cross e!amination in the a&o"eI the Eon4&le Court does not recall me or cross e!amination in the a&o"ecase, I #ould &e deinitely put to great hardship, loss and in$ury, #hereas icase, I #ould &e deinitely put to great hardship, loss and in$ury, #hereas i

my application is allo#ed other side #ill not &e put to such hardship ormy application is allo#ed other side #ill not &e put to such hardship or

pre$udice.pre$udice.

7. Eence, it is prayed that the Eon4&le Court &e pleased to recall the P.-1BD-1 or the purpose o cross-e!amination or the aoresaid reasons, #hich

#ould meet the ends o $ustice.

Identified by me


0


65/213

-------


66/213

25.a*ment of ecree amont in installments (O-20, R-11(2))

OR3R

9C3?;N# AN3 36R

Rule: 11. 3ecree ma/ direct pa/ment / instalments

(1) here and in so ar as a decree is or the payment o money, the Court may or any

suicient reason 1incorporate in the decree ater hearing such o the parties #ho had

appeared personally or &y pleader at the last hearing, &eore $udgment, an order that

payment o the amount decreed shall &e postponed or shall &e made &y instalments,

#ith or #ithout interest, not#ithstanding anything contained in the contract under

#hich the money is paya&le,

(2) rder, ater decree, or payment &y instalmentsLAter the passing o any suchdecree the Court may, on the application o the $udgment-de&tor and #ith the consent

o the decree-holder, order that payment o the amount decreed shall &e postponed or

shall &e made &y instalments on such terms as to the payment o interest, the

attachment o the property o the $udgment-de&tor, or the ta%ing o security rom him,

or other#ise, as it thin%s it.

-----

?????????????????????????????????????

2. #rans$er o$ decree (O-"1 R-1&)

OR3R I6C#ION O4 36RS AN3 OR3RS

Rule: 1&. Application $or e2ecution / trans$eree o$ decree

here a decree or, i a decree has &een passed $ointly in a"our o t#o or more persons,

the interest o any decree-holder in the decree is transerred &y assignment in #riting or

&y operation o la#, the transeree may apply or e!ecution o the decree to the Court

#hich passed i, and the decree may &e e!ecuted in the same manner and su&$ect to the

same conditions as i the application #ere made &y such decree-holder

Pro"ided also that, #here the decree, or such interest as aoresaid, has &een transerred&y assignment, notice o such application shall &e gi"en to the transeror and the

$udgment-de&tor, and the decree shall not &e e!ecuted until the Court has heard their

o&$ections (i any) to its e!ecution

Pro"ided also that, #here a decree or the payment o money against t#o or more

persons has &een transerred to one o them, it shall not &e e!ecuted against the others.

1*!planation.-5othing in this rule shall aect the pro"isions o section 10, and a

transeree o rights in the property, #hich is the su&$ect matter o the suit, may apply or

e!ecution o the decree #ithout a separate assignment o the decree as reGuired &y this

rule.--------------


67/213

27.Sta* of /ection etition grond of preferring appeal (O-21, R-26)

OR3R I

6C#ION O4 36RS AN3 OR3RS

Sta/ o$ e2ecution

Rule: "&. %en 6ourt ma/ sta/ e2ecution

(1) the Court to #hich a decree has &een sent or e!ecution shall, upon suicient cause

&eing sho#n, stay the e!ecution o such decree or a reasona&le time, to ena&le the

$udgment-de&tor to apply to the Court &y #hich the decree #as passed, or to any Court

ha"ing appellate $urisdiction in respect o the decree or the e!ecution thereo, or an

order to stay e!ecution, or or any other order relating to the decree or e!ecution #hich

might ha"e &een made &y such Court o irst instance or Appellate Court i e!ecution

had &een issued there&y, or i application or e!ecution had &een made thereto.

(2) here the property or person o the $udgment-de&tor has &een seiQed under an

e!ecution, the Court #hich issued the e!ecution may order the restitution o such

property or the discharge o such person pending the result o the application.

(/) Po#er to reGuire security rom, or impose conditions upon, $udgment-de&tor-eore

ma%ing an order to stay e!ecution, or or the restitution o property or the discharge o

the $udgment-de&tor, 1the Court shall reGuire such security rom, or impose such

conditions upon, the $udgment-de&tor as it thin%s it.

-------------------

2.Sta* /ection pending sit !eteen .5.R and ..R (O-21, R-2)

OR3R I

6C#ION O4 36RS AN3 OR3RS

Rule: "0. Sta/ o$ e2ecution pending suit eteen decree-%older and udgment-

detor

here a suit is pending in any Court against the holder o a decree o such Court 1oro a decree #hich is &eing e!ecuted &y such Court, on the part o the person against

#hom the decree #as passed, the Court may, on such terms as to security or other#ise,

as it thin%s it, stay e!ecution o the decree until the pending suit has &een decided

1Pro"ided that i the decree is one or payment o money, the Court shall, i it grants

stay #ithout reGuiring security, record its reasons or so doing.

----------------

7


68/213


69/213

30.$ttachment of 8o"ea!le propert* in .. (O-21, R-%+)

RD*R MMI

*M*C


70/213

+1.$ttachment of salar* in .. (O-21 7 +0, R-%)

RD*R MMI

*M*C


71/213

(/) *"ery order made under this rule, unless it is returned in accordance #ith the

pro"isions o su&-rule (2) shall, #ithout urther notice or other process, &ind the

appropriate Ho"ernment or the rail#ay company or local authority or corporation or

Ho"ernment company, as the case may &e, #hile the $udgment-de&tor is #ithin the

local limits to #hich this Code or the time &eing e!tends and #hile he is &eyond those

limits, i he is in receipt o any salary or allo#ances paya&le out o the Consolidated6und o India or the Consolidated 6und o the State or the unds o a rail#ay company

or local authority or corporation or Ho"ernment company in IndiaF and the appropriate

Ho"ernment or the rail#ay company or local authority or corporation or Ho"ernment

company, as the case may &e, shall &e lia&le or any sum paid in contra"ention o the

rule.

*!planation.-In this rule, +appropriate Ho"ernment+ means,-

(i) as respects any person in the ser"ice o the Central Ho"ernment, or any ser"ant o a

rail#ay administration or o a cantonment authority or o the port authority o a ma$or

port, or any ser"ant o a corporation engaged in any trade or industry #hich isesta&lished &y Central Act, or any ser"ant o a Ho"ernment company in #hich any part

o the share capital is held &y the Central Ho"ernment or &y more than one State

Ho"ernments or partly &y the Central Ho"ernment and partly &y one or more State

Ho"ernments, the Central Ho"ernmentF

(ii) as respects any other ser"ant o the Ho"ernment, or a ser"ant o any other local or

other authority, or any ser"ant o a corporation engaged in any trade or industry #hich

is esta&lished &y a Pro"incial or State Act, or a ser"ant o any other Ho"ernment

company, the State Ho"ernment.

-------------

71


72/213

32.$ttachment of Immo"ea!le propert* in .. (O-21, R-#%)

RD*R MMI

*M*C


73/213


74/213

35. Stay of sale pending claim application (O-21, R-59)

RD*R MMI

*M*C


75/213


76/213


77/213

%1.Third part* o!strction in /ection etition (Section-%&, Order-21,R-&)

C.P.C. section 07. uestions to &e determined &y the Court e!ecuting decree(1) All Guestions arising &et#een the parties to the suit in #hich the decree #as passed,

or their representati"es, and relating to the e!ecution, discharge or satisaction o the

decree, shall &e determined &y the Court e!ecuting the decree and not &y a separate

suit.

1

(/) here a Guestion arises as to #hether any person is or is not the representati"e o a

party, such Guestion shall, or the purposes o this section, &e determined &y the Court.

2*!planation I.-6or the purposes o this section, a plainti #hose suit has &eendismissed and a deendant against #hom a suit has &een dismissed are parties to the

suit.

*!planation II.-(a) 6or the purposes o this section, a purchaser o property at a sale in

e!ecution o a decree shall &e deemed to &e a party to the suit in #hich the decree is

passedF and

(&) all Guestions relating to the deli"ery o possession o such property to such

purchaser or his representati"e shall &e deemed to &e Guestions relating to the

e!ecution, discharge or satisaction o the decree #ithin the meaning o this section.

RD*R MMI

*M*C


78/213

42.Set aside / arte order in .. (O-21, R-106)

RD*R MMI

*M*C


79/213

43.:egal representati"e application for deceased plaintiff (O-22, R-+)

*,5* EEII,5A&H+ MA**IAD5 AN, IN)875N6= * PA*&I5)

$. No abate-ent by partyGs death i( ri/ht to sue survives

The death of a plaintiff or defendant shall not cause the suit to abate if the rightto sue survives.

*ule> ". Procedure in case o( death o( one o( several plainti((s or o(sole plainti((.

%"' 7here one of two or more plaintiffs dies and the right to sue does notsurvive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or

sole surviving plaintiff dies and the right to the sue survives, the Court, onan application made in that behalf, shall cause the legal representative ofthe deceased plaintiff to be made a party and shall proceed with the suit.

%-' 7here within the time limited by law no application is made undersub!rule %"', the suit shall abate so far as the deceased plaintiff isconcerned, and, on the application of the defendant, the Court mayaward to him the costs which he may have incurred in defending the suit,to be recovered from the estate of the deceased plaintiff.

78


80/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application filed on behalf of the Applicants Under Order-22,Rule 3 Read with Section 151 of the Code of Civilrocedure!

6or the reasons mentioned in the accompanying aida"it, it is prayed thatthe Eon4&le Court may &e pleased to permit the ApplicantBs to &ring the legal

representati"esBheirs o the deceased @@@@@@@..Plainti 5o. 1 namely

@@@@@@@, SBo@@@@@@@@@@.., on record in the interest o

$ustice.

,56*IP&IN ; 85DA8 H5I*) & B5 B*DH& N *56*,:

1(a)

1(&)Plaintis 5o.1(&) is minors hence, represented &y their natural and ne!t guardiantheir mother i.e. Plainti 5o.1(a) herein.

All are @@@@., residing at @@@@@.., @@@@@@. talu% andDistrict.

Place:

Date Ad"ocate or Applicant

9


81/213


82/213

44.:egal representati"e application for deceased efendant (O-22, R-%)

*,5* EEII,5A&H+ MA**IAD5 AN, IN)875N6= * PA*&I5)

Rule: $. No abate-ent by partyGs death i( ri/ht to sue survives


*ule>4. Procedure in case o( death o( one o( several de(endants oro( sole de(endant

%"' 7here one of two or more defendants dies and the right to sue does not surviveagainst the surviving defendant or defendants alone, or a sole defendant or solesurviving defendant dies and the right to sue survives, the Court, on an application

made in that behalf, shall cause the legal representative of the deceased defendant tobe made a party and shall proceed with the suit.

%-' *ny person so made a party may make any defence appropriate to his character aslegal representative of the deceased defendant.

%8' 7here within the time limited by law no application is made under sub!rule %"', thesuit shall abate as against the deceased defendant.

"@%9' The Court whenever it thinks fit, may e;empt the plaintiff from the necessity ofsubstituting the legal representatives of any such defendant who has failed to file awritten statement or who, having filed it, has failed to appear and contest the suit at thehearingB and judgment may, in such case, be pronounced against the said defendantnot withstanding the death of such defendant and shall have the same force and effectas if it has been pronounced before death took place.

%&' 7here!

%a' the plaintiff was ignorant of the death of a defendant, and could not, for that reason,make an application for the substitution of the legal representative of the defendantunder this rule within the period specified in the )imitation *ct, "H8 %8 of "H8' andthe suit has, in consequence, abated, and

%b' the plaintiff applies after the e;piry of the period specified therefor in the )imitation*ct, "H8 %8 of "H8', for setting aside the abatement and also for the admission ofthat application under section & of that *ct on the ground that he had, by reason ofsuch ignorance, sufficient cause for not making the application within the periodspecified in the said *ct,the Court shall, in considering the application under the said section &, have dueregard to the fact of such ignorance, if proved.A

2


83/213

"@9*. /rocedure where there is no legal representative

%"' If, in any suit, it shall appear to the Court that any party who has died during thependency of the suit has no legal representative, the Court may, on the application ofany party to the suit, proceed in the absence of a person representing the estate of thedeceased person, or may by order appoint the *dministrator!Eeneral, or an officer ofthe Court or such other person as it thinks fit to represent the estate of the deceasedperson for the purpose of the suitB and any judgment or order subsequently given ormade in the suit shall bind the estate of the deceased person to the same e;tent as hewould have been bound if a personal representative of the deceased person had beena party to the suit.

%-' efore making an order under this rule, the Court!

%a' may require notice of the application for the order to be given to such %if any' of thepersons having an interest in the estate of the deceased person as it thinks fitB and

%b' shall ascertain that the person proposed to be appointed to represent the estate ofthe deceased person is willing to be so appointed and has no interest adverse to thatof the deceased person.A

/


84/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

Application filed on behalf of the Applicants Under Order-22,Rule " Read with Section 151 of the Code of Civilrocedure!

6or the reasons mentioned in the accompanying aida"it, it is prayed thatthe Eon4&le Court may &e pleased to permit the ApplicantBs to &ring the legal

representati"esBheirs o the deceased @@@@@@@..Deendant 5o. 1 namely

@@@@@@@, SBo@@@@@@@@@@.., on record in the interest o

$ustice.

1


85/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..Bet'een: ! ! ! /laintiff0s


::A((idavit o( the Applicant No. ::I, , 70o (ri. .., *ged about .years, 3indu,


1. I am the applicant and plainti in the a&o"e suit, and as such I am ullycon"ersant #ith the acts and circumstances o the case.

2. I has iled the a&o"e case against the deendants see%ing the relie o

@@@@@@@@..

{Note: reasons has to be mentioned here as per your case facts andcircumstances.}

/. Ater iling the suit deendant 5o.1 died on @@@@@Immediately ater%no#ing the act o death o plainti 5o.1 I made enGuiries and ound

that he let &ehind his #ie and minor son namely @@@@@@@.., as

sole sur"i"ing legal heirs. Ater the demise o plainti 5o. 1, the right tosue and prosecute the case and cause o action o the a&o"e said case

sur"i"es in all o his sole legal heirs. Inspite o my diligent eorts I could

not trace out all the legal heirs o deceased plainti 5o. 1 #ithin the

speciied period #hich is not intentional &ut it is genuine and &onaide.

0. Eence I pray that the Eon4&le court may &e pleased to &ring on record the

legal representati"es o deceased plainti 5o.1 #hose names are sho#n

in the accompanying application as a legal heirs o the deceased

deendant 5o. 1 and permit me to proceed and prosecute the a&o"e case

on the legal heirs o the Deendant 5o.1 #hich #ould meet ends o the$ustice and eGuity.

Identified by me


Before me.

---------


86/213

45.Set aside a!etment against :R;s or Restore the sit dismissed de

to a!etment (O-22, R-)*,5* EEII,5A&H+ MA**IAD5 AN, IN)875N6= * PA*&I5)

Rule: $. No abate-ent by partyGs death i( ri/ht to sue survives


Rule: 9. 5((ect o( abate-ent or dis-issal

%"' 7here a suit abates or is dismissed under this rder, no fresh suit shall be broughton the same cause of action.

%-' The plaintiff or the person claiming to be the legal representative of a deceasedplaintiff or the assignee or the receiver in the case of an insolvent plaintiff may applyfor an order to set aside the abatement or dismissalB and if it is proved that he wasprevented by any sufficient cause from continuing the suit, the Court shall set aside theabatement or dismissal upon such terms as to costs or otherwise as it thinks fit.

%8' The provisions of section & of the "@Indian )imitation *ct, "+ %"& of "+'A shallapply to applications under sub!rule %-'.

-@


87/213

IN &H5 HN1B85 6*& ; ..A& ..

.). No. ..



I.A. No..Bet'een:


@@@@@@@@@ > > > pponents

&pplication 'iled on (ehalf of the &pplicant)s). *nder +rder,--"ule / ead with Section 010 of the 2ode of 2ivil %rocedure.

6or the reasons mentioned in the accompanying aida"it it is prayed that

the Eon4&le Court may &e pleased to set side a&atement i any or dismissed dueto a&etment@@ to &ring the legal representati"es o deceased

plaintiBdeendant namely@@@@. on record #hich #ould meet ends o the

$ustice and eGuity.

Date

Place Adocate $or Applicant5s

7


88/213


89/213

4. 'ithdraal of sit (O-2+, R-1)

4!.'ith dra the sit ith li!ert* to file fresh (O-2+, Rle-1(+))

OR3R III

I#73RAA= AN3 A39CS#;N# O4 SCI#S

Rule: 1. it%draal o$ suit or aandonment o$ part o$ claim

(1) At any time ater the institution o a suit, the plainti may as against all or any o

the deendants a&andon his suit or a&andon a part o his claim

Pro"ided that #here the plainti is a minor or other person to #hom the pro"isionscontained in rules 1 to 10 o rder MMMII e!tend, neither the suit nor any part o the

claim shall &e a&andoned #ithout the lea"e o the Court.

(2) An application or lea"e under the pro"iso to su&-rule (1) shall &e accompanied &y

an aida"it o the ne!t riend and also, i the minor or such other person is represented

&y a pleader, &y a certiicate o the pleader to the eect that the a&andonment proposed

is, in his opinion, or the &eneit o the minor or such other person.

(/) here the Court is satisied,-

(a) that a suit must ail &y reason o some ormal deect, or

(&) that there are suicient grounds or allo#ing the plainti to institute a resh suit or

the su&$ect-matter o a suit or part o a claim, it may, on such terms as it thin%s it, grant

the plainti permission to #ithdra# rom such suit or such part o the claim #ith

li&erty to institute a resh suit in respect o the su&$ect-matter o such suit or such part

o the claim. (0) here the plainti-

(a) a&andons any suit or part o claim under su&-rule (1), or

(&) #ithdra#s rom a suit or part o a claim #ithout the permission reerred to in su&-

rule (/),

he shall &e lia&le or such costs as the Court may a#ard and shall &e preclude rom

instituting any resh suit in respect o such su&$ect-matter or such part o the claim.

() 5othing in this rule shall &e deemed to authorise the Court to permit one o se"eral

plaintis to a&andon a suit or part o a claim under su&-rule (1), or to #ithdra#, under

su&-rule (/), any suit or part o a claim, #ithout the consent o the other plaintis.

----------------

8


90/213

4". 4ompromise $pplication (O-2+, R-2 and +)

OR3R IIIOR3R III

I#73RAA= AN3 A39CS#;N# O4 SCI#SI#73RAA= AN3 A39CS#;N# O4 SCI#S

Ru e:

u e: '. 6ompromise o$ suit'. 6ompromise o$ suit

here it is pro"ed to the satisaction o the Court that a suit has &een ad$ustedhere it is pro"ed to the satisaction o the Court that a suit has &een ad$usted

#holly or in part &y any la#ul agreement or compromise 1in #riting and#holly or in part &y any la#ul agreement or compromise 1in #riting and

signed &y the parties or #here the deendant satisied the plainti in respect osigned &y the parties or #here the deendant satisied the plainti in respect o

the #hole or any part o the su&$ect-matter o the suit, the Court shall order suchthe #hole or any part o the su&$ect-matter o the suit, the Court shall order such

agreement, compromise satisaction to &e recorded, and shall pass a decree isagreement, compromise satisaction to &e recorded, and shall pass a decree is

accordance there#ith 2so ar as it relates to the parties to the suit, #hether oraccordance there#ith 2so ar as it relates to the parties to the suit, #hether or

not the su&$ect-matter o the agreement, compromise or satisaction is the samenot the su&$ect-matter o the agreement, compromise or satisaction is the same

as the su&$ect-matter o the suitas the su&$ect-matter o the suit

1Pro"ided that #here it is alleged &y one party and denied &y the other that an1Pro"ided that #here it is alleged &y one party and denied &y the other that an

ad$ustment or satisaction has &een arri"ed at, the Court shall decide thead$ustment or satisaction has &een arri"ed at, the Court shall decide the

GuestionF &ut not ad$ournment shall &e granted or the purpose o deciding theGuestionF &ut not ad$ournment shall &e granted or the purpose o deciding the

Guestion, unless the Court, or reasons to &e recorded, thin%s it to grant suchGuestion, unless the Court, or reasons to &e recorded, thin%s it to grant such

ad$ournment.ad$ournment.

1*!planation-An agreement or compromise #hich is "oid or "oida&le under the1*!planation-An agreement or compromise #hich is "oid or "oida&le under theIndian Contract Act, 172 (8 o 172), shall not &e deemed to &e la#ul #ithinIndian Contract Act, 172 (8 o 172), shall not &e deemed to &e la#ul #ithin

the meaning o this ruleFthe meaning o this ruleF

89


91/213

IN &H5 HN1B85 6*& .A& ..

.). No. Bet'een:

> > > Plainti((s>AN,>> > > ,e(endants

6ompromise Application $iled on e%al$ o$ t%e Plainti$$ and

3e$endant under Order-"' Rule-' o$ 6ode o$ 6iil Procedure:

Both the parties o( the suit a/reed as (ollo's: >

{Note: reasons has to be mentioned here as per your case facts andcircumstances.}

1. n the ad"ice o the elders and #ell #ishers the parties o the a&o"e case end

their dispute out side the court.

". ;he deendant has agreed to gi"e a sum o Rs.12,999B- (;#el"e thousand) to

the plainti on e"ery month Rs.1,999B- (ne thousand) installment &asis or

12 months to the plainti in the a&o"e case or ull satisaction o the claim.

'. ;he plainti has agreed to recei"e money same as stated a&o"e rom the

deendant.

+. ;he deendant has agreed to pay the installments on or &eore tho e"ery

month.

*. 6urther the deendant has agreed that i he ails to pay the installments as

stated supra continuously to the plainti, in such an e"ent the plainti has

li&erty to ile e!ecution petition or reco"ery o the &alanced amount.

&. ;hereore &oth parties to the a&o"e case are prayed that the Eon4&le court

may &e pleased decree the a&o"e case in "ie# o a&o"e terms, in the interesto $ustice.

Signature o$ t%e plainti$$ Adocate $or t%e plainti$$

)i/nature o( the de(endant Adocate $or t%e 3e$endant

3ate:

Place:

81


92/213


93/213

49.$ppointment of 4ort 4ommissioner (O-26, R-)

*,5* EE7I. *,5* EE7I > 6MMI))IN)6o--issions to e2a-ine 'itnesses

Rule: $. 6ases in 'hich 6ourt -ay issue co--ission to e2a-ine 'itness*ny Court may in any suit issue a commission for the e;amination on interrogatories orotherwise of any person resident within the local limits of its jurisdiction who is e;empted underthis Code from attending the Court or who is from sickness or infirmity unable to attend it:

"@/rovided that a commission for e;amination on interrogatories shall not be issued unless theCourt, for reasons to be recorded, thinks it necessary so to do.


94/213

!. 6ourt to e2a-ine 'itness pursuant to 6o--ission

8/10/2019 3 3 Civ

3 3 civil applications (1)

Documents