It has been extended to the Districts of Koraput and Ganjam Agency by Orissa Regulation, 1951 5 of 1951 , Section 2. When an application is made for the sale of land or of any interest in land, the Court shall, before ordering sale thereof, call upon the parties to state whether such land is or is not ancestral land within the meaning of Notification No. An affidavit of the pleader, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time it was served. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its discretion be thought fit : Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs. If within three clear days before the expiry of any such period of fifteen days, the amount of such costs for such further period as the Court may direct be not paid into Court, the Court, on receiving a report thereof from the proper officer, may issue an order for the withdrawal of the attachment and direct by whom the costs of the attachment are to be paid. The costs of any application made under rule 46-A and of any proceeding arising therefrom or incidental thereto, shall be in the discretion of the Court.
Appeal from final decree where no appeal from preliminary decree 98. It has been enacted that a suit may be instituted with the leave of the court, for obtaining an urgent or immediate relief against the Government or of any public officer in respect of any act purporting to have been done by such public officer in his official capacity without serving any notice under S. Certified copies of judgment and decree shall be furnished to the parties on application, and at their expense. No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction 99-A. Proceedings by or against representatives 147. The Court may also order the person or persons whom it holds responsible for such resistance or obstruction to pay jointly or severally in addition to costs, reasonable compensation to the decree-holder or the purchaser, as the case may be, for the delay and expenses caused to him in obtaining possession. If it be found necessary to correct any clerical error in any affidavit such correction may be made in the presence of the person before whom the affidavit is about to be made, and before, but not after, the affidavit is made.
But defendant had failed to do so. The charges herein authorised for the maintenance of livestock shall be paid to the pound-keeper by the attaching officer for the first fifteen days at the time the animals are committed to his custody, and thereafter for such further period as the Court may direct, at the commencement of such period. With passing of time it is felt that the Code needs some flexibility to breathe the air of speed and effectiveness. Procedure when party not found at the place of registered address. The affidavit shall further state according to the circumstances of each case particulars of any existing guardian appointed or declared by competent authority, the name and address of the person, if any, who is the deracto guardian of the minor, the names and addresses of persons, if any, who, in the event of either the natural or the de facto guardian or the guardian appointed or declared by competent authority, not being permitted to act, are by reason of relationship or interest, or otherwise suitable persons to act as guardians for the minor for the suit. In the ultimate analysis the question as to whether a notice under S. Appeal against order made under rules 46-B, 46-C, 46-F and 46-G.
Exemption from arrest and personal appearance 82. Rules of procedure are tools forged to achieve justice and are not hurdles to obstruct the pathway to justice. With passing of time it is felt that the Code needs some flexibility to breathe the air of speed and effectiveness. The main purpose of the Amendment to the code was ensure speedy disposal of governed under the Act. The provisions of rules 32 and 33 shall also apply mutatis mutandis to appeals and revision petitions.
The Government, unlike private parties, is expected to consider the matter covered by the notice in a most objective manner, after obtaining such legal advice as they may think fit, and take a decision in public interest within the period of two months allowed by the section as to whether the claim is just and reasonable and the contemplated suit should, therefore, be avoided by speedy negotiations and settlement or whether the claim should be resisted by fighting out the suit if and when it is instituted. If after proclamation of the intended sale has been made, any matter is brought to the notice of the Court which it considers material for purchasers to know, the Court shall cause the same to be notified to intending purchasers when the property is put up for sale. The notice shall state the nature and grounds of the claim. The sum so fixed shall be tendered to the person summoned, at the time of serving of the summons, if it can be served personally: Provided- i that where the person summoned is a servant of any State Government whose pay exceeds Rs. Execution of decrees outside India 46.
Next, there must be ever present to the mind the fact that our laws of procedure are grounded on a principle of natural justice which requires that men should not be condemned unheard, that decisions should not be reached behind their backs, that proceedings that affect their lives and property should not continue in their absence and that they should not be precluded from participating in them. Notice of any such deposit shall be given by the Court to mortgagee. Provided that such withdrawal shall not have the effect of prejudicing any claim by the plaintiff disputing the correctness of the amount deposited: Provided further that if the amount deposited includes any sums claimed by the depositor to be deductible on any account, the Court may require the plaintiff to furnish the security for such sum before he is allowed to withdraw the same. Judgment when set-off or counter-claim is established. Courts to try all civil suits unless barred 10.
Suit to be commenced by a plaint. Setting aside third party proceedings. The plaintiff may, by leave of the Court, amend such statements so as to make them correspond with the plaint. Held, that suit could not be dismissed for want of notice. Plaintiffs or petitioners subsequently added shall immediately on being so added, file a memorandum in writing of this nature. The person before whom an affidavit is made, shall certify at the foot of the affidavit the fact of making of the affidavit before him and the time and place when and where it was made, and shall for the purpose of identification mark and initial any exhibits referred to in the affidavit.
On receipt of the process with an endorsement so signed and attested, the Court shall issue notice to the decree-holder to show cause, on a day to be fixed by the Court, why such satisfaction should not be recorded as certified and if after service of such notice the decree-holder fails to show such cause the Court shall record the same accordingly. One person may sue or defend on behalf of all in same interest. Act 57 of 1976 amended by Notification dated 10. Where the inability to execute the process is stated to be due to the satisfaction of the decree and such satisfaction has been endorsed on the process as mentioned in sub-rule 2 above, the Court shall issue notice to the decree-holder to show cause on a day to be fixed by the Court, why such satisfaction should not be recorded as certified, and if after service ofsuch notice the decree-holder fails to show cause why the satisfaction should not be recorded as certified the Court shall record the same accordingly. Right to lodge a caveat. Attachment of property is a serious proceeding and courts ought to be careful not to lend themselves as tools of oppression. If the garnishee disputes his liability or, its extent, the Court may decide the dispute and thereafter direct the garnishee within such time as it may allow to pay into Court such sum as it has found to be due from him or so much thereof as may be sufficient to satisfy the decree and the costs of the execution proceedings:Provided that where the garnishee admits his liability but disputes its extent and the decree-holder does not seek to recover from the garnishee any sum in excess of what he admits is due from him, the Court shall not be bound to decide the dispute and may direct the garnishee to pay such sum or so much thereof as is sufficient to satisfy the decree and the costs of the execution proceedings.
Production of evidence not previously known or which could not be produced despite due diligence. Property attached in execution of decrees of several Courts 64. Application of Order to execution proceedings. Rules 1 to 14 except rule 2A to apply to persons of unsound mind. Where a suit is to obtain relief respecting, or compensationfor wrong to, immovable property situate within the jurisdiction of different Court, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate : Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such Court. No verification of a petition and no affidavit purporting to have been made by a pardanashin woman who has not appeared unveiled before the person before whom the verification or affidavit was made, shall be used unless she has been identified in the manner already specified and unless such petition or affidavit be accompanied by an affidavit of identification of such woman made at the time by the person who identified her.
When appeal lie to the Supreme Court 110. C cannot set-off the debt of Rs. The Officer shall then make a report to the Court and forward therewith the attested inventory taken by him. If the copy is not so provided within the time fixed by the Court, the original document shall be returned to the applicant without further delay. Arrest other than in execution of decree 135.