CPC Form 4 Appendix B Overview
CPC Form 4 Appendix B Overview
A 88
/0
st
9 Appendix B
Record Room
Plan of District Judge's
cZO tCTD8 (Spccrnen)
j
4 +
437
APPENDIX C.
Sample forms of decrees in partition and other suits not included in the appendices to the
Code of Civil Procedure.
Note—In this Appendix have been sot out a few sample fooms of decree of a class not
infrequentlyrequired in the Subordinate Courts, lust. which have not been incluclocl either in
the Appendices to the Code of Civil Procedure or among the Forms in Appendix A supra.
It should, however, be clearly understood that the Forms in this Appendix are inserted here
for guidance only, that they do not purport to he in any way exhaustive, but merely represent
the lines upon which a decree of the class indicated may suitably be modelled. They will not
be printed for circulation and if use is made of them, care must be taken to see that they are
adapted to the exact requirements of the particular case in hand.
District
In the Court of at
Suit No. of 10
Plaintiff,
versus
Defendant.
Claim for
This suit coming on this . day for disposal before
in the presence of
ft
And the further hearing of this case is adjourned, and the parties are to be at liberty to
apply to this Court from time to time as they may be advised.
Schedule.
Judge..
And it is decreed that the propertyr specified in the schedule hereunto annexed be allotted
according to the said report (or, if the report be varied, (i8 hereinafter set forth)
tt
Dated this day of , in the year of Our Lord
one thousand nine hundred and
Schedule.
Judge.
[Link] the Court varies the Commissioner's report in any way, the variation should be clearly set forth in the
tSee in this connection Or, 20, r. 9, C. P. Code.
ttll e re- insert provision as to costs, if any.
Suit No. of 19
Plaintiff,
versus
Claim for
Defendant.
Judge.
.Note.—The final decree in such a suit will be in the form of a simple money decree. (Form 2 App. D., C. C. P.
• For Form of Commission to examine accounts, see App. 11., Form 9, C. C.
ante, [See also Form No. (J) 38.] P., reproduced as Form No. ()37
439
Iv.
District
IA the Court of at
Suit/Appeal No. of 19
Plaintiff/Appellant.
VerSus
Defendant/ Respondent.
in the presence of
And it is further decreed that the plaintiff /appellant do pay to the defendant./rospondexat
thereon at the rate of six per cent, per annum from the date of taxation until realisation.
Judge.
Note.—For Instructions as to Cases In which a decree should be drawn up, see rule 141. Vol. I.
440
APPENDIX D.
AouNT l'ot'.is.
(b) Registers.
Section of th Act
Form FormD€scription of Form, or liule tc which
No. (Old). No. (New). I the form appli&
• ACCOUNT F0R-MS—conCl(1.
(Id) 27A (A) 32 Register of Fees, Fines, Penalties and Rule 741.
Forfeitures.
(Id) 2 (A) 33 Receipts to accompany cheque of Land Rule 654.
Acquisition Officer. Note 5(b).
New (A) 34 Receipt in respect of money paid under Order 21, Rule 77,
Order XXI, Rule 77(2), Civil Proco- Civil Prcedurc
duro Code. Code.
PRxMuY 1GISTFiE.
Volume I.
() 38(i) (R) 1(i) Register of Title and other suits Rule 757.
(M) 38(u) (R) 1(u) Register of suits for Money and Movables Ditto.
(M) 39.41
(M) 43-44 1 . (R) 2 Register of Miscellaneous Judicial Cases Rules 753 and 762.
(IL) 48
(IL) 52 J
(M)42 (R) 3 Register of Insolvency Petitions under Rules 753 and
Act V of 1920. 318.(2).
(IL) 45 Abolished.
(IL) 47 (R) 5 Register of applications for the execution Rules 753 and 761.
of decrees.
(IL) 50(1)
1 (R) 7(i)
(R) 7(11)
Abolished.
( (R) 7(iii)
(IL) 50(11) J (R) 7(iv) j
(IL) 51 (R) 8 Register of Miscellanou.s appeals Rule 765.
(IL) 52 Abolished.
(M)54 (R) IOA Small Causes Sheet Rules 294(2) and 758.
SoBsIDJRY REGST9-
•. Rule 9.
Diary of Civil Courts ..
(R)12
•. Rule 43(2).
Piling Register
(R) 12-A
I (R) 13
(B) 14
Register of petitions and Court-fess •.
Rules 24 and
(R) 15 Abolished.
.. Rules 753 and 888-
Register of process-serving peons
(B) 16
Abolished.
.- Rule 753.
poeessserving peon's Diary
*(R) 17
Ditto in Bengali.
(B) 17-A
(R) 26 Abolished.
t
Note.—This form is obtainable in he vernacular only.
444
Form Form
No. (Old). No. (Now). D escription of Form. Section of the Act
or B-trIo to which
the form applies.
Subsidiary Register$0,j
New (it) 27 Abolished.
(M) 66 (R) 28 Register or requisitions for docunen
from copying departments. a 1 Ru1os 438 and 753.
(M) 67 (it) 29
(if) 77 Register of records issued from th
3 Record Room or Courts. Rules 419 and 437 (2)
New (R) 29-A Register of records or d ocuments receive<
from the Record Room or Court& Rule 753.
(M) 56 (R) 30 Register of applications for the return o.
Rule 439.
(M) 57 (R) 31
Register of applications for sale cor-
ficates. Rule 753.
(M) 70 (R) 32 List of records sent to the District Record
Room. Rule 399.
() 71 (R) 33 List of Registers to be permanently pre-
served. Rule 402.
(M) 72 (R) 34 Register of commissions issued under Or.
28, rr. 1, 9, 11 or 13, C. P. Code. Ru15 753 and 223.
(M) 68 (R) 35 Register of pleaders and mukhtors
Rules 753 and 837.
(M) 69 (R) 36 Abolished.
(M) 69 (R) 36A Register of licensed clerks of pleador-s/
mukhtears R ules 73 and 874(7).
Now (R) 37 Register of information regarding process-
fee€, processes, etc., duo. Rules Ii and 753.
(M) 78 •1
(M) 78A IJ
-(R) 38
Register of application for payment order I Rules 419 and 674(3).
New (R) 38A Pending list
Rule 930(2),
() 76 (R) 39(i) Register of Receipts and Issues of printed
forms. Rules 753 and 920.
() 75-A (R) 39 (ii) Abolished.
Now (R) 39A
Register of Stationery articles received
and issued. Rules 753 and 927.
Form in (R) 40(i)
Rule 7A, (it) 40(u) Register of furniture and stores in three
parts. Rules 753 and 928.
Ch. XIv. (R) 40(iii).
Statistical Registers.
Register of suits instituted according to Rules 753 and 768.
(M) 79 to (R) 42
(M) 81. valuation.
Noto.—A separate register shall be main-
tained for each class of suite.
Register if suits instituted according to Ditto.
(M) 80 }(R) 43 classification.
(M 81
(M) 104 (S) 2 • Statemont of sales held and confirmed. Rule 197.
(M) 104-A (S) 3 Statement of cases and appeals pending Rule 794.
for hearing of arguments and delivery
of judgments.
(M) 106 (S)5 Statement B showing the result of pro- Rules 769 and 790.
ceedings on applications for execution
of decrees.
(M) 108 Statement C showing the number and Ditto.
(S) 6 general result of Regular and Miscel-
(M) 109 J lanoue Appeals.
(M) 110
(M) 112 J
(M) 113 (S) 7 Concise statement of outturn of work of Rule 807.
tho Courts.
New (S) 7A Return of valuation and apportinment Rule792.
cases dealt with by C. I. Tribunal.
New (5) 7B Return of Civil deposit cases dealt with Ditto.
by C. I. Tribunal.
Now (S)7C Abolished.
(M) 178 J
Now (S) S Statement showing the progress made in Rule 806.
the disposal of old cases.
Now (S) 9 Statement showing the Cases of which
proceedings have boon stayed.
F
447
(M) 118 (S) 11 Statement 2 showing the number and des- Ditto.
cription-of civil suits instituted in Civil
Courts.
(M) 121 (S) 14 Statement 4, Part IT, showing the general Ditto.
result of the trial of civil cases Mis-
cellaneous (Judicial) in Courts of Ori-
ginal Jurisdiction.
Judicial.
(M) 153
ibolished.
(M) 154
Judiclal—cOn1d.
Rule 366.
(J) 13 Order Shoot (first sheet.).
(M) 162 Order sheet (second and subsequent Ditto.
{ (J) 13(a)
sheets).
New (J) 14
(3) 15 Abolished.
New
New (3) 16
Rule 21 and Or. 6,
(3) 17 Form of registered address of a party
(M) 171-A r. 14-A, C. P. C.
Ditto in Bengali.
C. P. 20-A (3) 25-A
Ditto in Assamese.
C. P. 20-B (J) 25-B
Simple money decree (S. 34, C. P. C.) I Section 34, C. P. C.
C. P.21 (J) 2
Ditto in Bengali.
C. P. 21-A (3) 26-A
Ditto in Assamese.
C. P.21-B (J) 28-B
Decree under Or. 21, r. 11(1) Or 21, r. 11(1), C. P.
New (3) 27 C.
JUDICIAL-COuld.
New (J) 28-B Decree in original suits between landlord Framed under the
and tenant. for the recovery of rents. Cooch Behar
Tenancy Act, 1910
(J) 29 Decree for recover y of land and mosne- Or. 20, r. 12, C. P. C.
C.P.23
profits. (Or. 20, r. 12).
0.P.24 (J)30 Preliminary decree for foreclosure [Or. . Or. 34, r. 2(1)(a),
34, r. 2(1)(a.)] C. P. C.
C. P. 24(i) (J) 30(i) Preliminary decree for foreclosure [Or. Or. 34, r. 2(1)(b),
34, r. 2(1)(b). C. P. C.
C. P. 25 (J) 31 Final decree for foreclosure [Or. 34, Or. 34, r. 3(2), C.P.C.
r. 3(2).].
C. P. 25(i) (J) 31(i) Final decree for foreclosure in a redemp .Or. 34, r. 8(3), C. P. C
tion suit an default of payment by
mortgage [Or. 34, r. 8(3)].
C. P. 26 (J) 32 Preli,rriinary decree for sale [Or. 34, Or. 34, r. 4(1), C. P. C.
r. 4(1)].
C. P. 20-A (J) 32-A Ditto in Bengali.
C. L. 26(i) (J) 32(1) Preliminary decree for sale [Or. 34, Ditto.
r. 4(1)].
C. P. 26(u) (J) 32(11) Preliminary decree for We [Or. 34, Or. 34, r. 4(4), C. P. C.
r. 4(4)].
C. P.27 (J) 33 Final decree for sale [Or. 34, r. 5(3)] .- Or. 34, r. 5(3), C. P. C.
C. P. 27(i) (J) 33(1) Final decree for sal_ in a redemption Or. 34, r. 8(1), C. P. C.
suit on default of payment by mort-
gagor (Or. 34, r. 8(1)].
C. P. 27(u) (J) 33(11) Final decree in a suit for foreclosure Or. 34, rr. 3(1), 6(1)
sale or redemption where the mortgagor and 8(1), C. P. C.
pays the amount of te decree [Or. 4,
rr. 3(1), 5(1) and 8(1)].
C. P. 27(iii) (J) 33(iii) Preliminary decree for foreclosure or Or. 34, rr. 2(3) and
sale [Or. 34, rr. 2(3) and 4(4)]. 4(4), C. P. C.
C.P.28 (J) 34 Decree against mortgagor perscnally Or. 34, rr. 6 and 8-A
(Or. 34, rr. 6 and 8 . A). C. P. C.
452
JUDICIAL—COfltd.
do d Ic is j---con W.
Cortificato for non.satsfaCt1Ofl of decree Or. 21, r. 6, C. P. C
C. P. C. 33 (J) 46
(Or. 21, r. 6).
Application for eXeCUtIOn of decree (Or. Or. 21, r. 11, C. P. C.
C. P. 34 (3) 47
21, r. 11).
Or. 21, r. 83, C. P. C.
(J) 48 Certificate to judgment-debtor authoris-
C. P. ing him to mortgage, lease or sell
property (Or. 21, r. 83.
Section 45, C. P. C.
(J) 49 Precept (S. 46, C. P. Code)
C. P. 68
Application by Judgment-debtor to set Or. 21, r. SO, C. P. C.
C. P. 62 (J) 50
aside sale on deposit of debt (Or. 21,
r. 89).
C. P.63 (3) 51
} Abolished.
C. P. 63A (3) 51A
Certificate of sale of land (Or. 21, r. 94). Or. 21, r. 94, C. P. C.
C. P.85 (J) 52
Judicial--contd.
Process.
Notice to person who, the Court considers Or. 1, r. 10, C. P. C.
C. P. 1 (F) 1
should be added as co-plaintiff (Or. 1,
r. 10, C. P. C.).
*For form of notice to m nor defendant imder Or. 32, r. 3, C. P. Code Lnd natural guardians
of minor defen dant under S. 148(h), B. T. Act, in suit for arrears of r nt, see (F) 61.
455
Process—contd.
proccss._cortd.
Or. 21, r. 56, C. P. C.
Order for payment to the plaintiff,
C. P.52 (P) 37 etc., of money, etc., in the hands of a
third party (Or. 21, r. 56).
Ditto in Bengali.
C. P. 56A .. (F) 44A
Ditto in Bengali.
C. P. 64A (P) 47A
Order for delivery to certified purchaser Or. 21, r. 95, C. P. C.
C. P. 68 (F) 48
of 1r
at, a sale in execution (Or. 21,
r. 05).
Ditto in Bengali.
C. P. 68A (P) 48A
0r. 21 r.97,C..P.C.
(F) 49 .. Summons to appear and answer charg
C. P.67 of obstructing executOfl of decree (Or
21, r. 07).
Ditto in Bengali
C. P. 67A (P) 49A
459
Form
No. (Old)
I Form
No. (Now). I
Description of Form
Section of the Act
or Ruleto which
the form applies.
Proces&—contcj.
C. P. 82 (F) 51 Notice to respondent of the day fixed for Or. 41, r. 14, C. P. C.
the hearing of the appeal (Or. 41, r. 14).
C. P. 83 (F) 52 Notice to a party to A suit not made party Or. 41, r. 20, C. P. C.
to the Appeal but joined by the Court
as a respondent (Or. 41, r. 20).
C. P. 88 .. (F) 53 Notice to show cause why a review should Or. 47, r. 4, C. P. C.
not be granted (Or. 47, r. 4).
C. P. 88A (F) 53A Ditto in Bengali.
C. P. 87 (F) 54 Notice of application for the transfer of a Section 24, C. P. C.
suit to another court for trial (Sec. 24,
C. P. Code).
C. P. 87A (P) 54A Ditto in Bengali
C. P. 89 (P) 55 Notice of surety of his liability under a Section 145, C. P. C.
decree (Sec. 145, C. P. Code).
(M) 172 .. (F) 56 .. First notice to take back documents Rule 390.
(M) 172 A (P) 56A Ditto in Bengali
(M) 172C (P) 56C Ditto in Hindi.
(M) 173 .. (F) 57 .. Final notice to take back documents Rule 462.
(M) 173A (F) 57A Ditto in Bengali.
(M) 1730 (P) 570 Ditto in 1-tindi.
Bengal Tenancy Act.
C. P. 113 (P) SS Notice to landlord of deposit of rent in Section 63, Act VIII
Court (see 63(2), B. T. Act). of 1885.
*(P) 59 .. Notice to co-sharers of deposit of rent in Ditto.
Court (see 63 (2), B. T. Act].
C. P. 114 (P) 60 Notice of deposit of rent in court, to persons Section 63, Act. VIII
believed to claim or to he entitled to of 1885.
the rent, or who are entitled to it (S.
63, B. T. Act).
C. P. 115 (P) 6 Notice to minor defenc1rnt under Or. 32, Section 148 (h) Act
r. 3, C.. P. Code, and natural guardian VIII of 1885.
of minor defendant. under S. 148(h),
B. T. Art. in suit for arrears of rent.
C. P. 115A (P) 61A Ditto in Pengali.
C. P. 116 to Cancelled.
.121. I
C. P. 122 - . I (P) 62 Notice to third person of pa yment inr
court ofrent. due to him (S. 149).
eet ion 149, Act VIII
of 1885.
30 ...........
ii
ru. 11
[Link].
Bengal Tcaancy Act—concld.
Section 163 (2)(&), Act
(P) 63 Order of attachment , proclamation of VIII of 1885.
C. P. 124 sale of tenure or holding with power to
annul incumbrances in execution of a
decree (S. 163(2)(b).]
(P) 63A Ditto in Bengali.
C. P. 124A
Section 103 (2)(a),
(P) 64 Order of attachment and proclamation of Act VIII of 1885.
C. P. 125 sale of tenure or holding subject to in-
cumbrances in execution of a decree
[S. 163(2) (a)].
1 'T0CC88—COflt,d.
Indian Succession Act XXXIX of 1925.
C. P. 106 (P) 69 Notice of date fixed for hearing probate Section 283, Act 30
or letters of administration cases (see. of 1925.
283).
C. P. 106A (P) 69A Ditto in Bengali.
C. P. 129 (P) 70 Notice calling on holder of succession
certificate for accounts.
C. P. 130 (P)71 Order transmitting to other courts for Section 373, Act 39
publication of notice of application for of 1925.
succession certificate (S. 373).
C. P. 181 (P) 72 Notice inviting other claimants to repre- Section 373, Act 30 of
sentation to come forward (S. 373). 1925.
Guardian and Warde Act VIII of 1890.
C.P.133 (P)73 -Notice of application made for guardian- Section- 11, Act VIII
ship and of date fixed for hearing (8. 11). of 1890.
C. P. 133A (P) 73A Ditto in Bengali
Transfer of qFroperty Act IV of 1882.
C. P. 138 (P)75 Notice to creditors of the (late of hearing Section 19, Act V of
of an insolvency petition (S. 19). 1920, Rule 318
Vol. 1.
C. P. 138A (P) 75A Ditto in Bengali.
C. P. 140 (P)76 Notice of application by unscheduled cre- Section 33(3), ditto.
ditor (S. 33(3)].
C. P. 140A (P) 76A Ditto in Bengali
C. P. 142 (P)77 Notice to creditors of the date of considera- Section 38 (1), ditto.
tion of a composition or scheme of
arrangement [S. 38 (1)].
C. P. 142A (P) 77A Ditto in Bengali.
C. P. 144 (P) 78 Notice to creditors of application for Section 41(1), ditto.
discharge [S. 41(1)].
C. P. 144A (P) 78A Ditto in Bengali.
C. P. 149 (P)70 Notice to persons claiming to be creditors Section 64, ditto.
of intention to declare final dividend
(is. 04).
pit flCESl—COflld.
(M)4 List of cases in which sales of movable and Rule 184, Vol. 1.
New
immovable properties are to be held.
(M) 73
} (M) 6 Diary of Commissioners. Rules 242 and 753,
Of 1 74 Vol. 1.
MiscELLANEoUS FosMS—contd.
New .. (M) 7A Form for inspeotion of Record Room Rule 985, Vol 1.
New (M) 7B Extract from report of District Judge Rule 986, Vol. I.
(M) 175 (M) 11 Letter advising the despatch ofarecord Rule, 444, Vo. I.
(M) 182 (M) 13 Charge letter for District Judge proceeding Rule 954, Vol. I.
on circuit duty.
(M) 184 (M) 14 Letter from the District Judge to the Rule 835, Vol. I.
Registrar of the High Court regarding
the enrolment of legal practitioners.
(M) 14C Application for permission to hold extra- Rule 842, Vol. I.
neous employment or to engage in
trade or business while practising as a
Pleader or Mukhtr.
51 ICELLANEOUS Foures----contd.
C. P. 8 (M) 19 Order for trnrisimission of summons to be Or. 5, 2r. 27, 28
servod upon a public servant or soldier C. P. C.
who is a defendant in a suit.
C. P.80 (M) 28 Security for costs of appeal (Or. 41, r. 10) Or. 41, r. 10, C. P. C..
New (M) 29 Bond for safe custod y of movable property Or. 21 -A, r. 3 (a) and
and left- in charge of any person and 5; Form No. 15-A,
sureties [Or. 21A, rr. 3(a) and 51. App. E, C. P. C.
(M) 29A Ditto in Bengali.
(M) 290 Ditto in Hindi.
C. P. 134 (M) 30 Bond from appointed guardian (S. 34, Section 34, Act VIII
Guardian and Wards Act). of 1890.
C. P. 134A (M) 30A Ditto in Bengali.
C. P. 134C (M) 300 Ditto-in Hindi. -
C. P. 136 (M) 31 Bond for the appearance of a person before Section 476, Criminal
a Magistrate's Court in connection with Procedure Code.
- an offence committed before a Civil
Court (S. 476, Cr. P. Code).
(M) 152 (M) 32 Descriptive roll of lunatics Act IV of 1912, Rule
327 , Vol. I.
(M) 161 (M) 33 Court's certificates to be given to Govern-
ment or local fund servants who attend
court as witnesses.
(M) 179 (M) 34 Statement to be'suhmitted with applica- Rule 966, Vol. I.
tion for addition to the judicial staff.
(M) 185 (M) 35A Form of licén for Pleaders' nd Muk- Rule 874(7), Vol.1.
--tears' clerks- -----------------
465
MUSC)LLANEOUS FOrxMS—COfltd.
Record Room.
(M) ISO (M) 37 Annual statement of records received in Rule 411, Vol, 1.
the Record Room.
(Iii) 188 (M) 39 Index sheet for racks Rule 416,, Vol. 1.
(M) 190 (M) 41 Form to be used on front flat board for Rule 433, Vol. I.
indexing bundles of records.
(M) 191 (M) 42 Index to Index Register or Despatch list Rule 419, Vol I.
(M) 193 (M) 44 Reminder Post-card for Records Rule 444, Note 6,
Vol. I.
C. P. 111 .. (1) 48 Receipt granted by Court for deposit of Section 62, Act VIII
rent (S. 62, B. T. Act). of 1885.
C. P. 123 (M) 50 Receipt for payment into Court by defend- Section 152, ditto.
ant of rent due (Sec. 152, B. T. Act).
C. P. 143 (M) 53 List of creditors for uso at meeting hold Section 38(2), Act V
for consideration (if composition or of 1920, Rule 318,
scheme [S. 38 (2)]. Vol. I.
Saleable Forms.
(M) 181 (M) 54 Application for copies . . Rule 502, Vol. 1.
Part 1.
New .. *(f) 56 Form of demand by debtor for the supply Section 7(1) Bengal
of particulars concerning a loan under [Link]
sec. 7(1). Act.
Part II.
Particulars concerning a loan, [Sec. 7(1)]. Sec. 7(1), ditto.
New .. *(M) 57 Receipt granted by Court under Sec. 0 (1) Soc. 9(1) ditto.
for deposit of money due to money
lender.
Serial number I I
Lst
Number.
I
of correction I Date of recoipt. Pages affected by each slip.
sip. I
469
index to Addenda and Corrigenda Slip.
470
Index to Addenda and Corrigenda Slips.
471
Serial number
of correctiOn Date of receipt. Pages effected by each slip.
slip.
478
It
32
484