CPC 6 — “Family

Code of Civil Procedure, 1908

Statutory text

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ORDER XXXIII
      Suits by Indigent
 Persons
1.   Suits may be instituted by indigent persons.
1A.    Inquiry into the means of an indigent person.
2.   Contents of application.
3.   Presentation of application.
4.    Examination of applicant.
 If presented by agent, Court may order applicant to be examined by commission.
5.   Rejection of application.
6.    Notice of day for receiving evidence of applicant’s indigency.
7.    Procedure at hearing.
8.    Procedure if application admitted.
9.   Withdrawal of permission to sue as an indigent person.
9A.    Court to assign a pleader to an unrepresented indigent person.
10.     Costs where indigent person succeeds.
11.     Procedure where indigent person fails.
11A. Procedure where indigent person’s suit abates.
12.     State Government may apply for payment of court-fees.
13.     State Government to be deemed a party.
14.     Recovery of amount of court-fees.
15.     Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature.
15A.  Grant of time for payment of court-fee.
16.     Costs.
17.     Defence by an indigent person.
18.      Power of Government to provide for free legal services to indigent persons.
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ORDER XXXIV
Suits Relating to Mortgages of Immovable Property
1. Parties to suits for foreclosure, sale and redemption.
2. Preliminary decree in foreclosure-suit.
3. Final decree in foreclosure-suit.
4. Preliminary decree in suit for sale.
 Power to decree sale in foreclosure-suit.
5. Final decree in suit for sale.
6. Recovery of balance due on mortgage in suit for sale.

R
ULES
7.  Preliminary decree in redemption suit.
8.  Final decree in redemption suit.
8A. Recovery of balance due on mortgage in suit for redemption.
9.  Decree where nothing is found due or where mortgagee has been overpaid.
10. Costs of mortgagee subsequent to decree.
10A. Power of Court to direct mortgagee to pay mesne profits.
11.  Payment of interest.
12.  Sale of property subject to prior mortgage.
13.  Application of proceeds.
14. Suit for sale necessary for bringing mortgaged property to sale.
15. Mortgages by the deposit of title-deeds and charges.
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ORDER XXXV
Interpleader
1.  Plaint in interpleader-suit.
2.  Payment of thing claimed into Court.
3.  Procedure where defendant is suing plaintiff.
4.  Procedure at first hearing.
5.  Agents and tenants may not institute interpleader-suits.
6.  Charge for plaintiff's costs.
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ORDER XXXVI
Special Case
1.  Power to state case for Court’s opinion.
2.  Where value of subject-matter must be stated.
3.  Agreement to be filed and registered as suit.
4.  Parties to be subject to Court's jurisdiction.
5.  Hearing and disposal of case.
6.  No appeal from a decree passed under rule 5.
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ORDER XXXVII
Summary Procedure
1.   Courts and classes of suits to which the Order is to apply.
2.  Institution of summary suits.
3.  Procedure for the appearance of defendant.
4.  Power to set aside decree.
5.  Power to order bill, etc., to be deposited with officer of Court.
6.  Recovery of cost of noting non-acceptance of dishonoured bill or note.
7.  Procedure in suits.
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ORDER XXXVIII
Arrest and Attachment before Judgment
Arrest before Judgment
1.  Where defendant may be called upon to furnish security for appearance.
2.  Security.

R
ULES
3.  Procedure on application by surety to be discharged.
4.  Procedure where defendant fails to furnish security or find fresh security.
Attachment before Judgment
5.  Where defendant may be called upon to furnish security for production of property.
6.  Attachment where cause not shown or security not furnished.
7.  Mode of making attachment.
8.  Adjudication of claim to property attached before judgment.
9.  Removal of attachment when security furnished or suit dismissed.
10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale.
11. Property attached before judgment not to be re-attached in execution of decree.
11A. Provisions applicable to attachment.
12. Agricultural produce not attachable before judgment.
13. Small Cause Court not to attach immovable property.
ORDER XXXIX
Temporary Injunctions and Interlocutory Orders
Temporary injunctions
1.  Cases in which temporary injunction may be granted.
2.  Injunction to restrain repetition or continuance of breach.
2A. Consequence of disobedience or breach of injunction.
3.  Before granting injunction, Court to direct notice to opposite party.
3A. Court to dispose of application for injunction within thirty days.
4.  Order for injunction may be discharged, varied or set aside.
5.  Injunction to corporation binding on its officers.
Interlocutory orders
6.  Power to order interim sale.
7.  Detention, preservation, inspection, etc., of subject-matter of suit.
8.  Application for such orders to be after notice.
9.  When party may be put in immediate possession of land the subject-matter of suit.
10.  Deposit of money, etc., in Court.
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ORDER XL
Appointment of Receivers
1.  Appointment of receivers.
2.  Remuneration.
3.  Duties.
4.  Enforcement of receiver’s duties.
5.  When Collector may be appointed receiver.
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ORDER XLI
Appeals from Original Decrees
1.  Form of appeal.
 What to accompany memorandum.
 Contents of memorandum.

R
ULES
2.   Grounds which may be taken in appeal.
3.  Rejection or amendment of memorandum.
3A. Application for condonation of delay.
4.  One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.
Stay of proceedings and of execution
5. Stay by Appellate Court.
 Stay by Court which passed the decree.
6.  Security in case of order for execution of decree appealed from.

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