defendant or his agent empowered to accept the service or by speed post or by such courier services as are approved by the high court or by the court referred to in sub-rule (/) or by any other means of transmission of documents (including fax message or electronic mail service) provided by the rules made by the high court: provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff (4) notwithstanding anything contained in sub-rule (/), where a defendant resides outside the jurisdiction of the court in which the suit is instituted, and the court directs that the service of summons on that defendant may be made by such mode of service of summons as is referred to in sub-rule (3) (except by registered post acknowledgment due), the provisions of rule 21! shall not apply (5) when an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is received by the court or postal article containing the summons is received back by the court with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons or had refused to accept the summons by any other means specified in sub-rule (3) when tendered or transmitted to him, the court issuing the summons shall declare that the summons had been duly served on the defendant: provided that where the summons was properly addressed, pre-paid and duly sent by registered post acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the acknowledgment having been lost or mislaid, or for any other reason, has not been received by the court within thirty days from the date of issue of summons (6) the high court or the district judge, as the case may be, shall prepare a panel of courier agencies for the purposes of sub-rule (/) 9a (/) the court may, in addition to the service of summons under rule = summons 9, on the application of the plaintiff for the issue of a summons for the - !ven to the appearance of the defendant, permit such plaintiff to effect service of such plant for summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service (2) the service of such summons shall be effected by or on behalf of such plaintiff by delivering or tendering to the defendant personally a copy thereof signed by the judge or such officer of the court as he may appoint in this behalf and sealed with the seal of the court or by such mode of service as is referred to in sub-rule (3) of rule 9 (3) the provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if the person effecting service were a serving officer (4) if such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of service or for any reason such summons cannot be served personally, the court shall, on the application of the party, re-issue such summons to be served by the court in the same manner as a summons to a defendant" 7 in the first schedule, in order vi, for rules 17 and 18 [as they stood immediately | amendment of before their omission by clause (iii) of section 16 of the code of civil procedure order vi 46 of 1999 | (amendment) act, 1999] the following rules shall be substituted, namely:— "17 the court may allow either party to alter or amend his pleadings where - amendment of it is satisfied that either new facts have come into existence subsequent to the - pleadings institution of the suit necessitating the amendment or the amendment is necessitated by change in law 18 ifa party who obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby failure to amend after order limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be" 8 in the first schedule, in order vil— amendment of order vii 46 of 1999 (i) for rule 9 [as substituted by clause (i) of section 17 of the code of civil procedure (amendment) act, 1999], the following rule'shall be substituted, namely:— "9 where the court orders that the summons be served on the defendants procedure on admitting plaint in the manner provided in rule 9 of order v, it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within seven days from the date of such order along with requisite fee for service of summons on the defendants"; (ii) in rule 11, for sub-clauses (f) and (g) [as inserted by clause (ii) of section 17 46 of 1999 of the code of civil procedure (amendment) act, 1999], the following sub-clause shall be substituted, namely: - "(f) where the plaintiff fails to comply with the provisions of rule 9"; (iii) in rule 14 [as substituted by clause (iii) of section 17 of the code of civil procedure (amendment) act, 1999], for sub-rule (3), the following sub-rule 46 of 1999 shall be substituted, namely:— "(3) a document which ought to be produced in court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the court, be received in evidence on his behalf at the hearing of the suit"; 46 of 1999 (iv) rule 18 [as amended by clause (v) of section 17 of the code of civil procedure (amendment) act, 1999] shall be omitted 9 in the first schedule, in order viii,_— amendment of order viii 46 of 1999, (i) for rule 1 [as substituted by clause (i) of section 18 of the code of civil procedure (amendment) act, 1999), the following rule shall be substituted, namely:— written statement "1 the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence: provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons"; 46 of $999,(ii) in rule 1a [as inserted by clause (ii) of section 18 of the code of civil procedure (amendment) act, 1999], for sub-rule (3), the following sub-rule shall be substituted, namely:— (3) a document which ought to be produced in court by the defendant under this rule, but, is not so produced shall not, without the leave of the court, be received in evidence on his behalf at the hearing of the suit"; (iif) for rules 9 and 10 [as they stood immediately before their omission by clause (iii) of section 18 of the code of civil procedure (amendment) act, 1999], the following rules shall be substituted, namely:— "9 no pleading subsequent to the written statement of a defendant subsequent pleadings other than by way of defence to set-off or counter-claim shall be presented except by the leave of the court and upon such terms as the court thinks fit; but the court may at any time require a written statement or additional written statement from any of the parties and fix a time of not more than thirty days for presenting the same 10 where any party from whom a written statement is required under procedure when party rule | or rule 9 fails to present the same within the time permitted or fixed by the court, as the case may be, the court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up" | fails    | to     ||----------|--------|| present  |        || written  | state- || ment     | called || for      | by     |10 in the first schedule, in order ix, for rule 2 [as substituted by clause (i) of amendment of order ix section 19 of the code of civil procedure (amendment) act, 1999], the following rule shall be substituted, namely:— dismissal of "2 where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee | suit    ||---------|| summons |or postal 'charges, if any, chargeable for such service, or failure to present copies of the plaint as required by rule 9 of order vii, the court may make an order that the suit | not         ||-------------|| consequence |be dismissed: | of      | plaintiff's    ||---------|----------------|| failure | to             || pay     | costs         |provided that no such order shall be made, if notwithstanding such failure, the defendant attends in person or by agent when he is allowed to appear by agent on the day fixed for him to appear and answer' 11 in the first schedule, in order xiv, for rule 5 [as it stood immediately before its amendment of order xiv omission by clause (ii) of section 24 of the code of civil procedure (amendment) act, 1999], the following rule shall be substituted, namely:—— | power    | to    ||----------|-------|| amend,   | and   || strike   | out,  || issues  |       |"5, (1) the court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed : (2) the court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced" 12 in the first schedule, in order xviii,— amendment of order xvhue(a) in rule 2, after sub-rule (3), the following sub-rules shall be inserted, namely:— (3a) any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the court so permits concisely and under distinct headings written arguments in support of his case to the court and such written arguments shall form part of the record (3b) a copy of such written arguments shall be simultaneously furnished to the opposite party (3c) no adjournment shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment (3d) the court shall fix such time-limits for the oral arguments by either of the parties in a case, as it thinks fit"; (4) for rule 4 [as substituted by clause (ii) of section 27 of the code of civil procedure (amendment) act, 1999], the following rule shall be substituted, namely:— recording "4, (1) in every case, the examination-in-chief of a witness shall be on of evidence affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence: provided that where documents are filed and the parties rely upon the documents, the proof and admissibility of sich documents which are filed along with affidavit shall be subject to the orders of the court (2) the evidence (cross-examination and re-examination) of the witness in attendance, whose evidence (examination-in-chief) by affidavit has been furnished to the court (other than the high court), shall be taken either by the court or by the commissioner appointed by it: provided that the court may, while appointing a commission under this sub-rule, consider taking into account such relevant factors as it thinks fit: provided further that in a suit tried by the high court, the evidence shall ordinarily be recorded by the commissioner unless the court directs otherwise (3) the court or the commissioner, as the case may be, shall record evidence either in writing or mechanically in the presence of the judge or of the commissioner, as the case may be, and where such evidence is recorded by the commissioner he shall return such evidence together with his report in writing signed by him to the court appointing him and the evidence taken under it shall form part of the record of the suit (4) the commissioner may record such remarks as it thinks material respecting the demeanour of any witness while under examination: provided that any objection raised during the recording of evidence before the commissioner shall be recorded by him and decided by the court at the stage of arguments (5) the report of the commissioner shall be submitted to the court appointing the commission within sixty days from the date of issue of the commission unless the court for reasons to be recorded in writing extends the time (6) the high court or the district judge, as the case may be, shall prepare a panel of commissioners to record the evidence under this rule (7) the court may by general or special order fix the amount to be paid as remuneration for the services of the commissioner (8) the provisions of rules 16, 16a, 17 and 18 of order xxvi, in so far as they are applicable, shall apply to the issue, execution and return of such commissions under this rule"  amendment of 13 in the first schedule, in order xx, in rule 1, for sub-rule (/), the following sub- order xx rule shall be substituted, namely:— "(1) the court, after the case has been heard, shall pronounce judgment in an open court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders: provided that where the judgment is not pronounced at once, every endeavour shall be made by the court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders" 14 in the first schedule, in order xxil_— amendment of order xxi (a) in rule 32, in sub-rule (5), the following explanation shall be inserted, namely:— "explanation—for the removal of doubts, it is hereby declared that the expression "the act required to be done" covers prohibitory as well as mandatory injunctions"; (6) in rule 92, in sub-rule (2),— (@ for the words "thirty days", the words "sixty days" shall be substituted; (ii) after the first proviso, the following proviso shall be inserted, namely:— "provided further that the deposit under this sub-rule may be made within sixty days in all such cases where the period of thirty days, within which the deposit had to be made, has not expired before the commencement of the code of civil procedure (amendment) act, 2000" 15 in the first schedule, in order xxxix,— amendment of order xxxix (a) in rule 2, sub-rule (2) shall be omitted; (b) after rule 2a, the following rule shall be inserted, namely:—~ "2b the court may by order grant injunction under rule 1 or rule 2, as conditions for grant of injunction the case may be, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the court thinks fit" 46 of 1999 16 in the code of civil procedure (amendment) act 1999,— |     | amendment    | of    ||-----|--------------|-------|| the | code         | of    |(a) section 30 shall be omitted; civil procedure (amendment) (b) in section 32 in sub-section (2),— act, 1999,(4) clauses (g) and (a) shall be omitted; (ii) for clause (j), the following clause shall be substituted, namely:— "@) the provisions of rules 1, 2, 6,7,9,9a, 19a, 21, 24 and 25 of order v of the first schedule as amended or, as the case may be, substituted or omitted by section 15 of this act, and by section 6 of the code of civil procedure (amendment) act, 2000, shall not apply to in respect of any proceedings pending before the commencement of section 15 of this act and section 6 of the code of civil procedure (amendment) act, 2000;"; (iii) for clause (k), the following clause shall be substituted, namely:— "(k) the provisions of rules 9, 11, 14, 15 and 18 of order vii of the first schedule as amended or, as the case may be, substituted or omitted" by section 17 of this act and by section 8 of the code of civil procedure (amendment) act, 2000, shall not apply to in respect of any proceedings pending before the commencement of section 17 of this act and section 8 of the code of civil procedure (amendment) act, 2000;"; (iv) for clause (j), the following clause shall be substituted, namely:— "(1) the provisions of rules 1, 1a, 8a, 9 and 10 of order viii of the first schedule as substituted or, as the case may be, inserted or omitted by section 18 of this act and by section 9 of the code of civil procedure (amendment) act, 2000, shall not apply to a written statement filed and presented before the commencement of section 18 of this act and section 9 of the code of civil procedure (amendment) act, 2000;"; (v) for clause (q), the following clause shall be substituted, namely: - "(q) the provisions of rules 4 and 5 of order xiv of the first schedule as amended or, as the case may be, substituted by section 24 of this act and section ii of the code of civil procedure (amendment) act, 2000, shall not affect any order made by the court adjourning the framing of the issues and amending and striking out issues before the commencement of section 24 of this act and section 11 of the code of civil procedure (amendment) act, 2000;"; (vi) clause (u) shall be omitted 17 (1) any amendment made, or any provision inserted in the principal act by a repeal and savings state legislature or high court before the commencement of this act shall, except in so far as such amendment or provisions are consistent with the principal act as amended by this act, stand repealed 10 of 1897 (2) notwithstanding that the provisions of this act have come into force or repeal under sub-section (/) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897,— (a) the provisions of section 102 of the principal act as substituted by section 5 of this act, shall not apply to or affect any appeal which had been admitted before the commencement of section 5; and every such appeal shall be disposed of as if section 5 had not come into force; (b) the provisions of rules 5, 15, 17 and 18 of order vi of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of 46 of 1999, civil procedure (amendment) act, 1999 and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act; (c) the provisions of rule 1 of order xx of the first schedule as amended by section 13 of this act shall not apply to a case where the hearing of the case had concluded before the commencement of section 13 of this act; (d) the provisions of sub-rule (2) of rule 2 and rule 2a of order xxxix of the first schedule as omitted or, as the case may be, inserted by section 15 of this act, shall not affect any temporary injunction granted before the commencement of section 15 of this act  statement of objects and reasonsthe code of civil procedure, 1908 (hereinafter referred to as the code contains the law relating to the procedure in suits and civil proceedings the code has been amended from time to time by various acts of central and state legislatures recently, the code of civil procedure (amendment) act, 1999 was enacted by parliament with a view to cutting short the delays at various levels after its enactment, a large number of representations were received both for and against its enforcement the law commission of india in its 163rd report also dealt with the code of civil procedure (amendment) bill, 1997 which was enacted later on as the code of civil procedure (amendment) act, 1999, 2 before action could be initiated for enforcement of the said act, the bar council of india and certain local bar associations asked the government to relook into certain provisions which could cause hardship to the litigants accordingly, the provisions of the code of civil procedure (amendment) act, 1999 and other proposals to reduce delay in the disposal of civil cases were discussed with legal luminaries the government has further considered the matter in all its aspects after consulting the bar council of india and others concerned and based on the outcome of the deliberations, it is now proposed to further amend the code of civil procedure, 1908, consistent with the demands of fair play and justice 3 the proposed amendments inter alia seek to provide, that— (a) plaintiff shall produce documents and pay requisite fee for service of summons on the defendants within seven days from the date of order by the court for issue of summons; (b) the summons would be served on the defendant by the court either by its process servers or through private courier agencies approved by the court in addition to the service of summons by the court, the plaintiff may also serve summons on the defendant; (c) a defendant is to file written statement within thirty days from the date of service of summons but such date can be extended up to ninety days by the court for reasons to be recorded in writing; (d) the documents may be produced by the plaintiff or by the defendant, as the case may be, with the leave of the court at the time of the hearing of the suit where such documents could not be filed by the plaintiff along with the plaint or by the defendant with his written statement, rule 14 of order vii of the first schedule to the code of civil procedure, 1908 (hereinafter referred to as the "code") and rule 1a of order viii after the amendments made in the year 1999 do not provide an opportunity to the plaintiff or the defendant, as the case may be, to produce documents at the hearing of the suit; (e) the court may at any stage of the proceedings allow either party to alter or amend his pleadings only where it is satisfied that either new facts have come into existence subsequent to the institution of a suit or the amendment is necessitated by change in law and for this purpose rule 17 in order vi is being restored this rule was omitted by clause (iii) of section 16 of the code of civil procedure (amendment) act, 1999; (f) under rule 5 of order xiv of the code, amendment of issues or framing of additional issues may be allowed this rule was omitted by clause (ii) of section 24 of the code of civil procedure (amendment) act, 1999; (g) in place of insertion of sub-rule (2) in rule 1 of order xx xix, a new rule 2b be added which would provide that the stipulation of furnishing security would apply under rule | as well as under rule 2 of order xxxix by section 30 of the code of civil procedure (amendment) act, 1999, a new sub-rule (2) was inserted in rule | of order xxxix so as to provide that a person seeking injunction will be required to furnish security by the court this section is proposed to be omitted; (h) time-limit for oral arguments by the parties may be fixed and with the leave of the court, the parties may be required to submit written arguments before concluding the oral arguments in a case by insertions a suitable provision in order xviii of the code; (i) the examination-in-chief of a witness shall be recorded on affidavit the cross-examination and re-examination of a witness in the high courts having original jurisdiction shall be recorded ordinarily by the commissioner and in courts subordinate to the high court, such evidence shall be recorded either by the court or by the commissioner appointed by it the commissioner shall also have the power to record the demeanour of a witness and any objection made in regard to such matter shall be decided by the court at the time of arguments of the case a commissioner is required to submit his report within six months from the date of issue of the commission rule 4 of order xviii as amended in the year 1999 which provided for recording of evidence (cross-examination and re-examination) of the witnesses by the commissioners in all cases is proposed to be substituted in this regard; (j) the judgments are to be pronounced within definite time-frame after a case has been heard the general rule proposed is that a judgment is to be pronounced at once and where it is not practicable to do so, the court shall make an endeavour to pronounce judgment within thirty days from the date on which hearing of the case was concluded where it is not practicable for the court to pronounce judgment within thirty days because of exceptional and extraordinary circumstances of the case, the court shall fix a day for the pronouncement of judgment which shall not ordinarily be beyond sixty days from the date on which the case was heard; (k) appeals to division bench of the high courts in writs under articles 226 and 227 of the constitution shall be restored section 10 of the code of civil procedure (amendment) act, 1999 abolished appeals against judgments of a single judge of the high court in all cases; (j) no second appeal shall lie in money suits where the value of the subjectmatter in the suit does not exceed rupees twenty-five thousand section !1 of the code of civil procedure (amendment) act, 1999 abolished second appeal in all cases where value of the subject-matter in the suit did not exceed rupees twenty-five thousand; (m) section 39, section 64 and rules 32 and 92 of order xxi of the code, shall be amended on the basis of the 54th, 139th and 144th reports of the law commission of india these amendments are clarificatory in nature 4 the bill seeks to achieve the above objects new delhi}; arun jaitley the 21st december, 2000 annexure extracts from the cope of civit procepure, 1908 (5 of 1908)     64 where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against private alienation of property after attachment to all claims enforceable under the attachment |    |    |    | be    | void    ||----|----|----|-------|----------||   |   |   |      |         |explanation—for the purposes of this section, claims enforceable under an attachment include claims for the rateable distribution of assets |     |     |     |     |     ||------|------|------|------|------|100a notwithstanding anything contained in any letters patent for any high court | no     | further    | ap-     ||--------|------------|---------|| peal   | in         | certain || cases |            |         |or in any other instrument having the force of law or in any other law for the time being in force,— (a) where any appeal from an original or appellate decree or order is heard and decided, (b) where any writ, direction or order is issued or made on an application under article 226 or article 227 of the constitution, by a single judge of a high court, no further appeal shall lie from the judgment, decision or order of such single judge |     |       |        ||------|--------|---------|| no   | second | ap-     || peal | in     | certain |102 no second appeal shall lie from any decree, whe the amount or value of the subject-matter of the original suit does not exceed twenty-five thousand rupees cases       order v issuz and service of summons issue of summonssummons 1 (/) when a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, on such day within thirty days from the day of institution of the suit as may be specified therein: provided that no such summons shall be issued when a defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim: provided further that where the defendant fails to file the written statement on the said day, he shall be allowed to file the same on such other day which shall not be beyond thirty days from the date of service of summons on the defendant, as the court may think fit      9 (1) the court shall issue summons and deliver the same to the plaintiff or his ' delivery of summons to the plaintiff agent, for service, and direct the summons to be served by registered post acknowledgment due or by speed post or by such courier service as may be approved by the high or his agentcourt or by fax message or by electronic mail service or by such other means as the high court may prescribe by rules, addressed to the defendant to accept the service at the place where the defendant or his agent actually and voluntarily resides or carries on business or personally works for gain (2) the plaintiff or his agent shall send the summons by any means as directed by the court under sub-rule (/) within two days from the delivery of summons to the plaintiff by the court under that sub-rule (3) when an acknowledgment or any other receipt purporting to be signed by the defendant or his agent received by the court or postal article containing the summons 1s received back by the court with an endorsement purporting to have been made by a postal employee or by any authorised person to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons or refused to accept the summons by any other means specified in sub-rule (7), when tendered or transmitted to him the court issuing the summons shall declare that the summons had been duly served on the defendant: provided that summons was properly addressed, pre-paid and duly sent by registered post acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the acknowledgment having been jost or misled or for any other reasons has not been received by the court on the date fixed by it simultaneous 9a (1) the court may, in addition to, and simultaneously with the delivery of summons for service to the plaintiff as provided in the manner provided in rule 9, may also direct that summons to be served on the defendant or his agent empowered to accept issue of summons for service by the service at the place where the defendant or his agent actually and voluntarily resides the court controlled or carries on business or personally works for gain process (2) the summons shall, unless the court otherwise direct, be delivered or sent to the proper officer in such manner as may be prescribed by the high court to be served by him or one of his subordinates (3) the proper officer may be an officer of the court other than that in which the suit is instituted, and where he is such an officer, the summons may be sent to him in such manner as the court may direct (4) the proper officer may serve the summons by registered post acknowledgment due, by speed post, by such courier service as may be approved by the high court, by fax message, by electronic mail service or by such other means as may be provided by the rules made by the high court |     |     | x!    |     |     ||------|------|-------|------|------| order vi pleadings generally+      amendment of pleadings 17 the court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties failure to amend after order 18 ifa party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then with fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the court order vii plainr|     |     |     |     |     ||------|------|------|------|------|9 (1) where the plaint 1s admitted, the court shall give to the plaintiff summons in | procedure    ||--------------|| admitting    || plaint       |the name of all the defendants to be served upon or get served in the manner provided under order v (2) within two days of the receipt of summons under sub-rule (/), the plaintiff shall send or cause to send the summons to the defendants along with the copy of the plaint in the manner provided under order v (3) where the court orders that the summons be served on the detendants in the manner provided in rule 9a of order v, it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within two days trom the date of such order along with requisite fee for service of summons on the defendants |     |     |     |     |     ||------|------|------|------|------|1! the plaint shall be rejected in the following cases - | rejection    | of    ||--------------|-------|| plaint       |       ||             |      || -            | (f)   || (g)          | where ||             |      | documents relied on in plaint(3) where a document or a copy thereof 1s not filed with the plaint under this rule, it | production    | of        ||---------------|-----------|| document      | on        || which         | plarntiff || sues          | or        |shall not be allowed to be recerved in evidence on behalf of the plaintiff at the hearing of the suit |                |         |       ||-----------------|----------|--------|| inadmussibility |          |        || of              | document |        || not             | produced |        || when            | _        | plaint |18 (/) a document which ought to be produced in court by the plaintiff when the plaint 1s presented, or to be entered in the list to be added or annexed to the plaint, and which 1s not produced or entered accordingly, shall not, without the leave of the court, be received in evidence on his behalf at the heartng of the suit filed (2) nothing in this rule applies to documents produced for cross-examination of the defendant's witnesses, or in answer to any case set up by the defendant or handed to a witness merely to refresh his memory  order viii written statement,-sef-orf and counter-claimwritten statement 1 the defendant shall at or before the first hearing or within such trme as the court may permit, which shall not be beyond thirty days from the date of service of summons on the defendant, present a written statement of his defence | 1a    |     |     |     |     |     ||-------|------|------|------|------|------|(3) where a document or a copy thereof ts not filed with the written statement under this rule, it shall not be allowed to be received in evidence on behalf of the defendant at the hearing of the suit | duty    | of     | de-    ||---------|--------|--------|| tendant | to     | pro-   || duce    | docu   |        || ments   | upon   |        || which   | reliet | ts     || claimed | or     | re     ||        |        |        ||        |        |        ||        |        |        ||        |        |        ||        |        |        || lied    | upon   | by     || him     |        |        |9 no pleading subsequent to the written statement of a defendant other than by way subsequent pleadings of defence to a set-off (or counter-claim) shall be presented except by the leave of the court and upon such terms as the court thinks fit, but the court may at any time require a written statement or additional written statement from any of the parties and fix a time for presenting the same 10 where any party from whom a written statement is required under rule 1 or rule 9 procedure when party fails to present the same within the time permitted or fixed by the court, as the case may be, the court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment, a decree shall be drawn up | fails     | to    ||-----------|-------|| present   |       || written   |       || statement |       ||          |      || called    | for   || court    |       | order ix appearance of parties and consequence of non-appearance|          |     ||-----------|------|| dismissal | of   |2 where on the day so fixed it is found that the summons has not been sent within stipulated period of two days, to the defendant by the plaintiff or his agent or in consequence of their failure to pay the court-fee or any charges, if any chargeable for such service, the court shall make an order that the suit be dismissed: | suit         | where    ||--------------|----------|| summons      | not      || served       | by       || plaintiff    | or       || agent        | or       || consequences |          |provided that no such order shall be made if, notwithstanding such failure, the defendant attends in person or by agent when he is allowed to appear by agent on the day fixed | of    | failure    ||-------|------------|| pay   | cost      |for him to appear and answer  order xiv settlement of issues and determination of sutt on issues of law or on issues agreed upon|     |     |     |     |     ||------|------|------|------|------|power to amend, and 5 (1) the court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues stirke out, isas may be necessary for determining the matters in controversy between the parties shall be sues so made or framed (2) the court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced        order xviii hearing of the suit and explanation of witnesses     recording of evidence by commissioner 4 (1) in every case, the evidence of a witness of his examination-in-chief shall be given by affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence (2) the evidence (cross-examination and re-examination) of the witness in attendance, whose evidence (examination-in-chief) by affidavit has been furnished to the court shall be taken orally by a commissioner to be appointed by the court from amongst the panel of commissioners prepared for this purpose on the same day: provided that, in the interest of justice and for reasons to be recorded in writing, the court may direct that the evidence of any witness shall be recorded by the court in the presence and under the personal direction and superintendence of the judge (3) the commissioner shall be paid such sum of recording of evidence as may be prescribed by the high court(4) the amount payable to the commissioner under sub-rule (3) shall be paid by the court or by the parties summoning the witness as may be prescribed by the high court (5) the district judge shall prepare a panel of commissioners to record the evidence under this rule (6) the commissioner shall record evidence either in writing or mechanically in his presence and shall make a memorandum which shall be signed by him and the witnesses and submit the same to-the court appointing such commissioner (7) where any question put to a witness is objected by a party or his pleader and the commissioner allows the same to be put, the commissioner shall take down the question together with his decision       order xx judgment and decreejudgment when pronounced 1 (1) the court, after the case has been heard, shall pronounce judgment in open court, either at once or as soon the thereafter as may be practicable, on some future day; and when the judgment is to be pronounced on some future day, the court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders: provided that where the judgment is not prononuced at once, every endeavour shall be made by the court to pronounce the judgment within fifteen days from the date on which the hearing of the case was concluded but, where it is not practicable so to do, the court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond thirty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders: provided further that, where a judgment is not pronounced within thirty days from the date on which the hearing of the case was concluded, the court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and due notice of the day so fixed shall be given to the parties or their pleaders |     |     |     |     |     ||------|------|------|------|------| order xxi execution of decrees and orders     32 (1) where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had | decree      | for         ||-------------|-------------|| specific    |             || performance |             || for         | restitution || of          | conjugal    || rights      | or          || an          | injunction |an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced in the case of a decree for restitution of conjungal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract, or for an injunction by his detention in the civil prison, or by the attachment of his property, or by both (2) where the party against whom a decree for specific performance or for an injunction has been passed is a corporation, the decree may be enforced by the attachment of the property of the corporation or, with the leave of the court, by the detention in the civil prison of the directors or other principal officers thereof, or by both attachment and detention (3) where any attachment under sub-rule (/) or sub-rule (2) has remained in force for six months if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold; and out of the proceeds the court may award to the decree-holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application (4) where the judgment-debtor has obeyed the decree and paid all cost of executing the same which he is bound to pay, or where, at the end of six months from the date of the attachment, no application to have the property sold has been made, or if made has been refused, the attachment shall cease (5) where a decree for the specific performance of a contract or for an injunction has not been obeyed, the court may, in lieu of or in addition to,all or any of the processes aforesaid, direct that the act required to be done may be done so far as practicable by the decree-holder or some other person appointed by the court, at the cost of the judgmentdebtor, and upon the act being done the expenses incurred may be ascertained in such manner as the court may direct and may be recovered as 1f they were included in the decree a, a person of little substance, erects a building which renders uninhabitable a family mansion belonging to b a, 1n spite of his detention im prison and the attachment of hits propoerty, declines to obey a decree obtained against him by b and directing him to remove the building the court 1s of optnion that no sum realizable by the sale of a's property would adequately compensate b for the depreciation in the value of his mansion b may apply to the court to remove the building and may recover the cost of such removal from a in the execution-proceedings      92 (/)      sale when to become absolute or be set aside (2) where such application is made and allowed, and where, in the case of an application under rule 89, the deposit required by that rule is made within thirty days from the date of sale, or in cases where the amount deposited under rule 89 is found to be deficient owing to any clerical or arithmetical mistake on the part of the depositor and such deficiency has been made good within such time as may be fixed by the court, the court shall made an order setting aside the sale: provided that no order shall be made unless notice of the application has been given to all persons affected thereby       order xxxix temporary injunctions and interlocutory orders temporary injunctions     2 (1)      (2) the court may by order grant such injunction, on such terms as to the duration of ingunctron to restran repetition the injunction, keeping an account, giving security, or otherwise, as the court thinks fit      or continuance of breach extracts from the cope of civil procedure (amendment) act, 1999 (46 of 1999)      30 in the first schedule, in order xxxix, rule ! shall be renumbered as sub-rule (/) amendment of order xxxix of that rule and after sub-rule (/) as so renumbered, the following sub-rule shall be inserted, namely:— "(2) the court shall, while granting a temporary injunction to restrain such act or to make such other order for the purposes of staying and preventing the wasting, damaging alienation, sale, removal or disposition of property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property under disposition in the suit under sub-rule (j), direct the plaintiff to give security or otherwise as the court think fit"       chapter iv repeal and savings32 (1)      repeal and savings (2) notwithstanding that the provisions of this act have come into force or repeal under sub-section (2) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897,~— 10 of 1897   %  (g) the provisions of section 100a of the principal act, as substituted by section 1u of this act, shall not apply to or affect any appeal against the decision of a single judge of a high court under article 226 or article 227 of the constitution which had been admitted before the commencement of section 10; and every such admitted appeal shall be disposed of as if section 10 had not come into force: (a) the provisions of section 102 of the principal act, as substituted by section 1] of this act, shall not apply to or affect any appeal which had been admitted before the commencement of section 11; and every such appeal shall be disposed of as if section 11 had not come into force;      (/) the provisions of rules 1, 2,6, 7,9, 9a, 19a, 21, 24 and25 of order v of the first schedule as amended or, as the case may be, inserted or omitted by section 15 of the this act shall not apply to any summons issued immediately before the commencement of section 15; (k) the provisions of rules 9, 11, 14, 15 and 18 of order vii of the first schedule, as amended or, as the case may be, substitmed or amended by section 17 of this act, shall not apply to in respect of any proceedings pending before the commencement of section 17; (i) the provisions of rules 1 and 1a of order viii of the first schedule, as substituted or inserted by section 18 of this act, shall not apply to a written statement filed and presented before the court immediately before the commencement of section 18;      (g) the provisions of rules 4 and 5 of order xiv of the first schedule, as amended and omitted by section 24 of this act, shall not affect any order made by the court adjourning the framing of the issues and amending and striking out issues before the commencement of section 24 of this act; (u) in sub-rule (2) of rule 1 of order xxxix of the first schedule, as inserted by section 30 of this act, shall not affect any temporary injunction granted before the commencement of section 30 of this act;      