Code of Civil Procedure, 1908
156. [Repealed.].
157. Continuance of orders under repealed enactments.
158. Reference to Code of Civil Procedure and other repealed enactments.
THE FIRST SCHEDULE
______
O
RDER I
______
Parties to Suits
RULES
1. Who may be joined as plaintiffs.
2. Power of Court to order separate trial.
3. Who may be joined as defendants.
3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.
4. Court may give judgment for or against one or more of joint parties.
5. Defendant need not be interested in all the relief claimed.
6. Joinder of parties liable on same contract.
7. When plaintiff in doubt from whom redress is to be sought.
8. One person may sue or defend on behalf of all in same interest.
8A. Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings.
9. Misjoinder and non-joinder.
10. Suit in name of wrong plaintiff.
Court may strike out or add parties.
Where defendant added, plaint to be amended.
10A. Power of Court to request any pleader to address it.
11. Conduct of suit.
12. Appearance of one of several plaintiffs or defendants for others.
13. Objections as to non-joinder or misjoinder.
_______
ORDER II
F
rame of Suit
1. Frame of suit.
2. Suit to include the whole claim.
Relinquishment of part of claim.
Omission to sue for one of several reliefs.
3. Joinder of causes of action.
4. Only certain claims to be joined for recovery of immovable property.
5. Claims by or against executor, administrator or heir.
6. Power of Court to order separate trials.
7. Objections as to misjoinder.
_______
ORDER III
Recognized Agents and Pleaders
1. Appearances, etc., may be in person, by recognised agent or by pleader.
2. Recognised agents.
3. Service of process on recognised agent.
4. Appointment of pleader.
5. Service of process on pleader.
6. Agent to accept service.
Appointment to be in writing and to be filed in Court.
O
RDER IV
Institution of suits
R
ULES
1. Suit to be commenced by plaint.
2. Register of suits.
_______
ORDER V
Issue and Service of Summons
Issue of summons
1. Summons.
2. Copy of plaint annexed to summons.
3. Court may order defendant or plaintiff to appear in person.
4. No party to be ordered to appear in person unless resident within certain limits.
5. Summons to be either to settle issues or for final disposal.
6. Fixing day for appearance of defendant.
7. Summons to order defendant to produce documents relied on by him.
8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.
Service of Summons
9. Delivery of summons by Court.
9A. Summons given to the plaintiff for service.
10. Mode of service.
11. Service on several defendants.
12. Service to be on defendant in person when practicable, or on his agent.
13. Service on agent by whom defendant carries on business.
14. Service on agent in charge in suits for immovable property.
15. Where service may be on an adult member of defendant’s family.
16. Person served to sign acknowledgement.
17. Procedure when defendant refuses to accept service, or cannot be found.
18. Endorsement of time and manner of service.
19. Examination of serving officer.
19A. [Omitted.].
21. Service of summons where defendant resides within jurisdiction of another Court.
22. Service within presidency-towns of summons issued by Courts outside.
23. Duty of Court to which summons is sent.
R
ULES
24. Service on defendant in prison.
25. Service where defendant resides out of India and has no agent.
26. Service in foreign territory through Political Agent or Court.
26A. Summonses to be sent to officers to foreign countries.
27. Service on civil public officer or on servant of railway company or local authority.
28. Service on soldiers, sailors or airmen.
29. Duty of person to whom summons is delivered or sent for service.
30. Substitution of letter for summons.
ORDER VI
Pleadings Generally
1. Pleading.
2. Pleading to state material facts and not evidence.
3. Forms of pleading.
4. Particulars to be given where necessary.