ORDER XXXVII – SUMMARY PROCEDURE 1. Courts and classes of suits to which the Order is to apply. (1) This Order shall apply to the following Court, namely- (a) High Courts, City Civil Courts and Courts of Small Causes; and (b) other Courts; Provided that in respect of the CourtsKEEP READING
2. Institution of summary suits. (1) A suit, to which this Order applies, may if the plaintiff desires to proceed hereunder, be instituted by presenting a plaint which shall contain,- (a) a specific averment to the effect that the suit is filed under this Order; (b) that no relief, whichKEEP READING
3. Procedure for the appearance of defendant. (1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexes thereto and the defendant may, at any time within ten days of suchKEEP READING
4. Power to set aside decree. After decree for the Court may, under special circumstances set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to theKEEP READING
5. Power to order bill, etc, to be deposited with officer of Court. In any proceeding under this Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith deposited with an officer of the Court, and may further order that allKEEP READING
6. Recovery of cost of noting non-acceptance of dishonoured bill or note. The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment otherwise, by reason of such dishonour, asKEEP READING
7. Procedure in suits. Save as provided by this Order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
ORDER XXXVIII – ARREST AND ATTACHMENT BEFORE JUDGEMENT Arrest before judgment 1. Where defendant may be called upon to furnish security for appearance. Where at any stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d), the Court is satisfied,KEEP READING
2. Security. (1) Where the defendant fails to show such cause the Court shall order him either to deposit in Court money or other property sufficient answer the claim against him, or to furnish security for his appearance at any time when called upon while the suit is pending andKEEP READING
3. Procedure on application by surety to be discharged. (1) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from his obligation. (2) On such application being made, the Court shall summon the defendantKEEP READING
4. Procedure where defendant fails to furnish security or find fresh security. Where the defendant fails to comply with any order under rule 2 or rule 3, the Court may commit him to the civil prison until the decision of the suit or, where a decree is passed against theKEEP READING
6. Attachment where cause not shown or security not furnished. (1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified, or such portion thereofKEEP READING
7. Mode of making attachment. Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
8. Adjudication of claim to property attached before judgment. Where any claim is preferred to property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided for the adjudicated of claims to property attached in execution of a decree for the payment of money. Read CPCKEEP READING
9. Removal of attachment when security furnished or suit dismissed. Where an order is made for attachment before judgment, the Court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the cost of the attachment, or when the suit is dismissed.KEEP READING
10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale. Attachment before judgment shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying forKEEP READING
