Order 18, rule 8 of Civil Procedure Rules : Power to deal with evidence taken before another judge
(1) Where a judge is prevented by death, transfer, or other cause from concluding the trial of a suit or the hearing of any application, his successor may deal with any evidence taken down under the foregoing rules as if such evidence had been taken down by him or under his direction under the said rules, and may proceed with the suit or application from the stage at which his predecessor left it.
(2) The provisions of subrule (1) shall, so far as they are applicable, be deemed to apply to evidence taken in a suit transferred under section 18 of the Act.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Order 18, rule 9 - Power to examine witness immediately
(1) Where a witness is about to leave the jurisdiction of the court, or other sufficient cause is shown to the satisfaction of the court why his evidence should be taken immediately, the court may,...
- Order 18, rule 10 - Court may recall and examine witness
The court may at any stage of the suit recall any witness who has been examined, and may, subject to the law of evidence for the time being in force; put such questions to him as the court thinks fit....
- Order 18, rule 11 - Power of court to inspect
The court may at any stage of a suit inspect any property or thing concerning which any question may arise.
- Order 19, rule 1 - Power to order any point to be proved by affidavit
Any court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions...
- Order 19, rule 2 - Power to order attendance of deponent for cross-examination
(1) Upon any application, evidence may be given by affidavit, but the court may, at the instance of either party, order the attendance for cross-examination of the deponent.
(2) Such attendance...
- Order 19, rule 3 - Matters to which affidavits shall be confined
(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove:
Provided that in interlocutory proceedings, or by leave of the court, an affidavit may contain...
- Order 19, rule 4 - Deponent’s particulars
Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall state his age.
- Order 19, rule 5 - Manner of drawing affidavit
Every affidavit shall be drawn in the first person and divided into paragraphs numbered consecutively which shall be confined as nearly as may be to a distinct portion of the subject.
- Order 19, rule 6 - Striking out matter
The court may order to be struck out from any affidavit any matter which is scandalous, irrelevant or oppressive.
- Order 19, rule 7 - Irregularity in form of affidavit
The court may receive any affidavit sworn for the purpose of being used in any suit notwithstanding any defect by misdescription of the parties or otherwise in the title or other irregularity in the...
- Order 19, rule 8 - Affidavit sworn before suit filed
Unless otherwise directed by the court an affidavit shall not be rejected solely because it was sworn before the filing of the suit concerned.
- Order 19, rule 9 - Procedure
Applications under this Order may by chamber summons or orally in court.
- Order 20, rule 1 - Order for accounts
Where a plaint prays for an account, or where the relief sought or the plaint involves the taking of an account, if the defendant either fails to appear or does not after appearance by affidavit or...
- Order 20, rule 2 - Order for accounts on counterclaim
A defendant to an action commenced by plaint, and who has filed a counterclaim which includes a claim for an account or a claim which necessarily involves taking an account, on—
(a) the plaintiff;...
- Order 20, rule 3 - Procedure
An application for such order as is mentioned in rule 1 and 2 shall be made by chamber summons and be supported by an affidavit when necessary, filed on behalf of the plaintiff stating concisely the...
- Order 20, rule 4 - Orders by court
On hearing of the application, the court may, unless satisfied that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on...
- Order 21, rule 1 - Judgment, when pronounced
In suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or within sixty days from the conclusion of the trial notice of...
- Order 21, rule 2 - Power to pronounce judgment written by another judge
(1) A judge may pronounce a judgment written and signed but not pronounced by his predecessor.
(2) A judge of the High Court may pronounce a judgment written and signed but not pronounced by another...
- Order 21, rule 3 - Judgment to be signed
(1) A judgment pronounced by the judge who wrote it shall be dated and signed by him in open court at the time of pronouncing it.
(2) A judgment pronounced by a judge other than the judge by whom it...
- Order 21, rule 4 - Contents of judgment
Judgments in defended suits shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.
- Order 21, rule 5 - Court to state its decision on each issue
In suits in which issues have been framed, the court shall state its finding or decision, with the reasons therefor, upon each separate issue.
- Order 21, rule 6 - Judgment affecting registered title to land
Where there is a prayer for a judgment the grant of which would result in some alteration to the title of land registered under any written law concerning the registration of title to land, a...
- Order 21, rule 7 - Contents of decree
(1) The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions of the parties, and particulars of the claim, and shall specify clearly the relief...
- Order 21, rule 8 - Preparation and dating of decrees and orders
(1) A decree shall bear the date of the day on which the judgment was delivered.
(2) Any party in a suit in the High Court may prepare a draft decree and submit it for the approval of the other...
- Order 21, rule 9 - Costs
(1) Where the amount of costs has been—
(a) agreed between the parties;
(b) fixed by the judge or magistrate before the decree is drawn;
(c) certified by the registrar under section 68A of the...
- Order 21, rule 10 - Decree for recovery of immovable property
Where the subject-matter of the suit is immovable property, the decree shall contain a description of such property sufficient to identify the same, and, where such property can be identified by...
- Order 21, rule 11 - Decree for delivery of movable property
Where the suit is in respect of movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot...
- Order 21, rule 12 - Decree may direct payment by instalments
(1) Where and in so far as a decree is for the payment of money, the court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed...
- Order 21, rule 13 - Decree for possession and mesne profits
(1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the court may pass a decree— (a) for the possession of the property;
(b) for the rent or...
- Order 21, rule 14 - Decree in administration suit
(1) Where a suit is for an account in respect of any property or for its due administration under the decree of the court, the court shall, before passing the final decree, pass a preliminary decree...
- Order 21, rule 15 - Decree in suit for dissolution of partnership
Where a suit is for the dissolution of a partnership, or the taking of partnership accounts, the court, before passing a final decree, may pass a preliminary decree, declaring the proportionate shares...
- Order 21, rule 16 - Decree in suit for account between principal and agent
In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is necessary, in order to ascertain the amount of...
- Order 21, rule 17 - Special directions as to accounts
The court may, either by the decree directing an account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in...
- Order 21, rule 18 - Decree in suit for partition of property or separate possession of a share
Where a court passes a decree for the partition of property or for the separate possession of a share therein, the court may, if the partition or separation cannot be conveniently made without further...
- Order 21, rule 19 - Decree where set-off is allowed
(1) Where the defendant has been allowed a set-off against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be...
- Order 21, rule 20 - Certified copies of judgment and decree to be furnished
The registrar, or in the case of a subordinate court, the presiding magistrate shall upon written request made by the parties or any of them, and upon payment of requisite fees, furnish certified...
- Order 22, rule 1 - Modes of paying money under decree
(1) All money payable under a decree or order shall be paid as follows—
(a) into the court whose duty it is to execute the decree;
(b) direct to the decree-holder; or
(c) otherwise as the court...
- Order 22, rule 2 - Payment out of court to decree-holder
(1) Where any money payable under a decree of any kind is paid direct to the decreeholder or the decree is otherwise adjusted in whole or in part to the satisfaction of the decree-holder, the decree-...
- Order 22, rule 3 - Lands situate in more than one jurisdiction
Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more courts, any one of such courts may attach and sell the entire estate or tenure.
- Order 22, rule 4 - Procedure where court desires that its own decree shall be executed by another court
The court sending a decree for execution by another court shall send—
(a) a copy of the decree;
(b) a certificate setting forth that satisfaction of the decree has not been obtained by execution...
- Order 22, rule 5 - Court receiving copies of decree to file same without proof
The court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the court,...
- Order 22, rule 6 - Application for execution
Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree, or, if the decree has been sent under the provisions hereinbefore contained to another court,...
- Order 22, rule 7 - Oral and written applications
(1) Where a decree is for the payment of money the court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of...
- Order 22, rule 8 - Application for attachment of movable property not in judgment-debtor’s possession
Where an application is made for the attachment of any movable property belonging to a judgment-debtor, but not in his possession, the decree-holder shall annex to the application an inventory of the...
- Order 22, rule 9 - Application for attachment of immovable property to contain certain particulars
Where an application is made for the attachment of any immovable property belonging to a judgment-debtor, it shall contain at the foot—
(a) a description of such property sufficient to identify the...
- Order 22, rule 10 - Power to require certified extract from Land Registries in certain cases
Where an application is made for the attachment of any land which is registered in the Land Registries, the court may require the applicant to produce a certified extract from the register of such...
- Order 22, rule 11 - Application for execution by joint decree-holders
(1) Where a decree has been passed jointly in favour of more persons than one, any one or more of such persons may, unless the decree imposes any condition to the contrary, apply for the execution of...
- Order 22, rule 12 - Application for execution by transferee of decree
Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law,...
- Order 22, rule 13 - Procedure on receiving an application for execution of decree
(1) On receiving an application for the execution of a decree as provided by rule 7(2), the court shall ascertain whether such of the requirements of rules 7 to 9 as may be applicable to the case have...
- Order 22, rule 14. - Execution in case of cross-decrees
(1) Where applications are made to a court for the execution of cross-decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execution at the...