Succession Certificate & Legal Heir Certificate

 Succession Certificate Under Indian Succession Act

A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. Usually, a succession certificate is the key in the absence of a will, a succession certificate will be the primary document through which the heirs can stake a claim to the assets of a deceased relative

For a succession certificate, one should need to apply to a magistrate or a high court. Usually, courts have a separate cell that issues succession certificates. When it comes to immovable property , there are other documents, like, for instance, a gift deed, that can help.

This certificate authorizes successor(s) to realize debts and securities of the deceased person. Issuance of succession certificate does not give right of succession to the claimed property of a deceased person, because it does not determine the right, title and interest of the deceased person to a particular property or entire property. However, successor(s) of intestate deceased person is/are entitled to inherit the deceased person s property .

What is a Succession Certificate for property ?

Succession certificate is a document issued by a competent court (civil) certifying a rightful person to be the successor of a deceased person. This certificate authorizes successor(s) to realize debts and securities of the deceased person. Issuance of succession certificate does not give right of succession to the claimed property of a deceased person, because it does not determine the right, title and interest of the deceased person to a particular property or entire property. However, successor(s) of intestate deceased person is/are entitled to inherit the deceased person(s) property (ies). As per Section 370 of Indian Succession Act, when the deceased person has left a validly executed Will , the entire estate of the deceased person under that will vests on the executor of the will and in such cases Succession Certificate cannot be granted. In eligible cases, the competent court to issue such certificate is the District Court(Section 371 of the said Act) in whose jurisdiction the deceased person generally resided.

For Movable Properties

Succession Certificate is a document which is issued by the court for claiming movable properties by the successors of the deceased. It is significant, and proper advice should be sought while making and implementing these.

Mostly Banks don’t release funds or FDs without a document of this type granted to the successor. It is applied for movable assets like bank deposits, FDs, etc.

If someone dies intestate, (without leaving a Will) it can be granted by the Civil Court to release the debts and securities of the one who is no more. It establishes the legitimacy of the heirs and gives them the authority to get the deposits and other assets transferred in their names. It is issued by the applicable laws of inheritance on an application filed by the beneficiaries in a court of relevant jurisdiction.

 The first step for any beneficiary is to file for a succession certificate in the same court within whose jurisdiction the dead person resided, to inherit the assets of the deceased or even get them transferred in his name.

 The document/certificate that is issued establishes the authenticity of the petitioner and gives him the authority to have the assets transferred to his name. Along with authority, the beneficiary will also carry with him the full responsibility and liability of honouring any debt or security attached to that particular property.

 For all applications made by a recipient to a court of competent jurisdiction, the document in all cases is issued as per the applicable laws of inheritance.

For Immovable properties

In this case, we have situations when legal heirs stake ownership of title and possession. The title of a property can be transferred through a systematic process of transfer which can be based or done through a factum of a Will or Law of Natural Succession where class I legal heirs are the inheritors. Also, a transfer can take place when the person is alive too, through a Gift Deed. In other cases, a person can claim his right through a partition. 

After the completion of these procedures, the person stands entirely in ownership control. All related services can be taken care of by our firm, including getting documents and also sale if you want later on. Some instances of succession certificate:

 Even if an overseas citizen were to know details about land that he thinks belongs to him, in many cases he finds himself in a situation where either parent or an uncle/aunt has died without making a Will.

 Just knowing that a piece of land belongs to him, cannot help much proper documentation is needed to assert a claim.

 Some rules determine the manner in which all the assets of the deceased are passed on to the heirs.

 It is not easy for him to understand how to get legal heir certificates and he will always need appropriate advice on these matters.

 While applying for such a document, the following information is required:

 The time of the death of the deceased, or the Death Certificate as proof.

 Place of residence of the dead person or if such residence is not within the jurisdiction of the district judge then, any other property of the same individual falling under the purview of the district judge to whom the application is made.

 The details of the family and other kith and kin of the deceased and their residential addresses.

 Proof of what right or what capacity he should be nominated as the successor of the departed.

 Sufficient evidence that the said asset does not fall under the restrictive cases and there is no dispute to his claim as a successor.

 Complete details of any debt or security attached

DIFFERENCE BETWEEN LEGAL HEIR CERTIFICATE AND SUCCESSION CERTIFICATE !

1) Legal heir certificate and succession certificate are entirely different. If the head or a family member passes away, the next direct legal heir of the deceased such as wife/ husband/son/daughter/mother can apply for the Succession Certificate. This certificate can be used for the purpose of transferring Electricity connection, Telephone connection/Patta transfer, House Tax, Bank Account, Filing of IT Returns etc.

2) If the deceased person is a Government servant then the legal heir certificate is issued for approval of family pension, or to get appointments on concerned grounds. Legal Heir certificate is also provided for transfer of property- movable and immovable assets.

3) A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act. Issues need to be known in the right perspective for both categories.

4) Who issues these certificates ?: Legal Heir certificates is issued by Tahsildar of the district to identify a particular deceased person living heirs and succession certificates are issued by the court to the legal heirs of a deceased person.

5) Who can apply for these Certificates ?: For Succession Certificate: Only legal heir can apply For Legal Heir Certificate: son/daughter/husband/wife/parents of the dead person can apply.

6) What are the Documents required ?: Required Documents to obtain succession certificates are death certificate of a dead person, time and place of death, the name of all legal heirs and relation with the dead person. Required Documents to obtain Legal Heir Certificate are Death certificate original, Identity Card, Ration Card, the name of Family members and relationship, an affidavit worth Rs. 20 on a stamp paper.

7) Fee: For succession certificate, three percentage of total value of the property will be charged. To issue legal heir certificate Rs.2 for a stamp and Rs. 20 for stamp paper for affidavit will be required.

8) Time period: In the case of succession certificate a newspaper notice for 45 days is issued by the court. Any person having an objection with such advertisement can file oppositions. If the court doesn’t receive any objection, it will issue succession certificate. This process may take 5-7 months. 15 to 30 days are needed to issue legal heir certificate.

9) Importance: The Succession Certificate is used for transfer or possession of property or for paying debts or security on behalf of a deceased person or for collecting debts or security on behalf of deceased. The Legal Heir Certificate is used for gratuity, pension, insurance, PF, retirement claims etc.

How to Get Succession Certificate in India

Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities. A person is said to have passed away intestate when he/she does not leave a legal Will. Succession certificate entitles the holder to make payment of debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it. Succession certificate provides indemnity to all persons owing such debts or liable on such securities with regards to all payments made to or dealings had in good faith with a person to whom a certificate as granted. Hence, many organisation and person request for succession certificate before settling the debts or securities of the deceased in favour of the person claiming such debts or securities.

Procedure for Obtaining Succession Certificate

To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found. Petition for Certificate

A petition for succession certificate must contain the following particulars:

 Time of death of the deceased;

 Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under;

 Details of family or other near relatives;

 The rights of the petitioner;

 Absence of any impediment to the grant of certificate;

Grant of Certificate

On making the petition, if the District Judge is satisfied as to the ground of making the petition, can grant an opportunity of hearing to persons who, in his/her opinion, should be heard. After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both.

Restriction on Succession Certificate

A court can sometime require a bond with one or more surety or sureties or any other security for rendering an account of debts and securities received by the petitioner of succession certificate for indemnifying the persons who may be entitled to any part of the debt or securities.

Validity of Succession Certificate

A succession certificate has validity throughout India. If a certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in

accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India.

Succession Certificate (SC) is required when somebody inherits any immovable or movable property under the various relevant Laws in the country. The majority of these issues are covered under the Hindu Succession Act. However, the minorities are covered by their community acts or the Indian Succession Act. This issue needs to be understood in the right perspective for both categories.

Revocation of the Succession Certificate

1. As per Section 383 of the said Act, a certificate so issued may be revoked for any of the following causes:-
2. Process for obtaining the certificate was defective.
3. Certificate was obtained fraudulently.
4. Certificate becomes useless and inoperative due to circumstances.
5. Decree or order of other competent court in dealing with the debts and securities of the same deceased person, renders it proper that the certificate is revoked.
6. Against an order of the District judge, in the matter of grant, refusal or revocation of certificate, a person may appeal to the appropriate High Court.

Conclusion:

Succession Certificate is a document which is issued by the court for claiming movable properties by the successors of the deceased. It is significant, and proper advice should be sought while making and implementing these.

The succession certificate affirms who the legal heirs of the deceased are and that there was no will. This may be enough for the legal heirs to administer and dispose of property, but isn’t the most pertinent document in case of properties. For this, it is possible that a letter of administration is necessary. A letter of administration is a document that explicitly grants a person the authority to administer the property of a person who has died intestate. This procedure to get this document is the same as the procedure for getting the

succession certificate.

AMBU RAJA .RS. ACHARY

Advocate

New Delhi, India

https://advamburaja.blogspot.com/

Mob: 8588855358 / 9899805358

How to file a Cheque Bounce Case under Section 138 of the NI (Negotiable Instrument) Act 1881

 There are time Limitations specified under NI Act for filing a complaint under section 138, the step by step procedures are given below 

• Cheque should be submitted to the bank with in 6 months from the date mentioned in it or before the validity of the cheque ends

• Once the cheque get bounced with a cheque bounce memo stating the reason for cheque bounce, 

• The complainant should send a legal notice to the accused person with in 30 days from the cheque bounce date.

• The complainant should wait for 15 days from the date of legal notice delivery to the accused as an opportunity for the accused make the payment.

• If the accused did not make the payment with in 15 days after receiving legal notice from complainant 

• Then the complaint can file a complaint under sec 138 of NI Act with in 30 days from the 16th day after the legal notice delivery

DOCUMENTS FOR FILING COMPLAINT UNDER SEC 138 OF NI ACT 1881

• A detailed complaint stating the financial transaction, reason for complaint and procedures followed for demanding the money etc.,

• Check-list under NI ACT 

• Memo of Parties

• Index stating List of documents

• Original Cheque & Cheque bounce memo 

• Copy of Legal Notice 

• Tracking report of Legal Notice Delivery 

• Certificate under 65B Evidence Act

• Evidence by way of Affidavit 

• Vakalatnama 
• Meta data (now days 138 matters are filed in Digital Court across Delhi)
• If the cheque belongs to a company then documents supporting/proving/showing  the relationship between signature holder and the company also should be filed

:: Author ( Ambu Raja.RS. Achary) is HDFC BANK panel counsel at Delhi:: 

List of Bailable Offences

Following is the list of bailable offences under the Indian Penal Code:

1. Section 140- Wearing soldier’s garb, sailor, airman

2. Section 144- Punishment for unlawful assembly

3. Section 154- Owner or occupier of land on which unlawful assembly is held

4. Section 158- Owner or occupier land on which unlawful assembly is held

5. Section 166- Public Servant disobeying direction under law

6. Section 167- Public servant framing incorrect document

7. Section 177- Furnishing false information

8. Section 181- False statement on oath to public servants

9. Section 186- Disobedience to order duty promulgated by public servant

10. Section 189- Threat of injury to public servant

11. Section 191- Giving false evidence

12. Section 195A- Threatening any person to give false evidence

13. Section 203- Giving false information with respect to an offence

14. Section 210- Fraudulently making false claim in court

15. Section 223- Escape from confinement or custody negligently suffered by public servant

16. Section 213- Taking gift, to screen an offender from punishment

17. Section 228- Intentionally insult or interruption to public servant sitting in judicial proceedings

18. Section 264- Fraudulent use or false instrument for weighing

19. Section 269- Negligent act likely to spread infectious disease dangerous to life

20. Section 279- Rash driving or driving on a public vehicle

21. Section 283- Danger or obstruction in public way or line of navigation

22. Section 292- Sale of obscene book

23. Section 297- Trespassing on burial places

24. Section 304A- Punishment for causing death by negligence

25. Section 309- Attempt to commit suicide

26. Section 318- Concealment of birth by secret disposal of body

27. Section 323- Causing hurt

28. Section 349- Using force

29. Section 354D- Stalking

30. Section 363- Punishment for Kidnapping

31. Section 417- Punishment for Cheating

32. Section 426- Punishment for Mischief

33. Section 447- Punishment for Criminal trespass

34. Section 465- Forgery

35. Section 477A- Falsification of accounts

36. Section 489C- Possession of forged currency notes or banknotes

37. Section 494- Marrying again during lifetime of husband or wife

38. Section 496- Marriage ceremony fraudulently gone through without lawful marriage

39. Section 498- Enticing or taking away or detaining with criminal intent

40. Section 500- Punishment for Defamation

41. Section 506- Criminal intimidation

42. Section 509- Word, gesture or act intended to insult the modesty of a woman

43. Section 510- Misconduct in public by drunken person

List of Non-Bailable Offences

Following is the list of non-bailable offences under the Indian Penal Code:

1. Section 121- Waging or attempting to wage war, or abetting the waging of war, against the Government of India

2. Section 124A- Sedition

3. Section 131- Abetting mutiny or attempting to seduce a soldier, sailor or airman

4. Section 172 Absconding to avoid service of summons

5. Section 232- Counterfeiting Indian coin

6. Section 238- Import or export of counterfeiting Indian coin

7. Section 246- Fraudulently diminishing weight of coin

8. Section 255- Counterfeiting of government stamp

9. Section 274- Adulteration of drug

10. Section 295A- Deliberate and ,malicious act intended to outrage religious feelings of any class, by insulting religious beliefs

11. Section 302- Punishment for murder

12. Section 304- Punishment for Culpable homicide not amounting to murder

13. Section 304B- Dowry death

14. Section 306- Abetment of suicide

15. Section 307- Attempt to murder

16. Section 308- Attempt to commit culpable homicide

17. Section 369- Abduction of child under the age of 10 years

18. Section 370- Trafficking of person

19. Section 376- Punishment for Rape

20. Section 376D- Gang rape

21. Section 377- Unnatural offence

22. Section 379- Punishment for theft

23. Section 384- Punishment for extortion

24. Section 392- Punishment for robbery

25. Section 395- Punishment for dacoity

26. Section 406- Punishment for criminal breach of trust

27. Section 411- Dishonestly receiving stolen property

28. Section 420- cheating and dishonestly inducing delivery of property

29. Section 489A- Counterfeiting currency notes or bank notes

30. Section 498A- Husband or relatives of husband of a woman subjecting her to cruelty 

Civil Procedure Code - Important Provisions

Important Sections of Civil Procedure Code

CPC ON FINGER TIPS

0) framing of issues Order 14

0) Plaint Description Order 7

1) To delete/Add parties ORDER 1 RULE 10.

2) Amendment of Suit to add defendants ORDER 1 RULE 10(4)

3) Substitute service ORDER 5 RULE 20

4) Amendment of pleadings ORDER 6 RULE 17

5) Additional W.S ( Rejoinder ) ORDER 8 RULE 9

6) Setting aside ex-parte order ORDER 9RULE 7

7) Restoration ORDER 9 RULE 9

Set aside ex-parte decree ORDER 9 RULE 13

9) To order production of documents ORDER 11 RULE 14

11) Inspection of documents ORDER 11 RULE 15

12) To produce documents ORDER12 RULE 8

13) Production of documents ORDER 7 RULE 14(3)

14) To return unmarked documents ORDER 13 RULE 7(2)

15) To return marked Documents 13 RULE 9

16) Adjournment 17 RULE 1

17) Recalling witness 18 RULE 17

18) To grant installments after decree passed ORDER 20 RULE 11(2)

19) Stay of execution ORDER 21 RULE 26

20) Delivery of immovable property ORDER 21 RULE 35

21) To Break open door ORDER 21 RULE 35(3)

22) Attachments of movables of JDRs ORDER 21RULE 43

23) Attachments of Payorders of JDRs ORDER 21RULE 45(1)

24) Attachment of salary of JDRs ORDER 21 RULE 48

25) Attachment of Immovable property of JDRs ORDER 21 RULE 54

26) Sale of attached property ORDER 21 RULE 64

27) Adjournment/stoppage of sale ORDER 21RULE 69

28) Delivery of movable property ORDER 21 RULE 9

29) To bring L.Rs on record in case of death of Plaintiff ORDER 22 RULE 3

30) To bring L.Rs on record in case of death of Defendant ORDER 22RULE 4

31) For Compromise ORDER 23 RULE 3

32) Appointment of commissioner to examine witness ORDER 26 RULE 1

33) Appointment of commissioner to make local investigation ORDER 26RULE 9

34) Appointment of commissioner to examine adjust A/Cs ORDER 26 RULE 11

35) Appointment of commissioner to make partition of immovable property ORDER26 RULE 13

36) Disclose partners names ORDER 30RULE 2

37) Appointment of guardian for minors ORDER 33RULE 1

38) Removal of guardian ORDER 32 RULE 9

39) To declare as major ORDER 32 RULE 12

40) Appointment of guardian to unsound person ORDER 32 RULE 15

41) Attachment before judgment ORDER 38 RULE 5

42) Appointment of receiver ORDER 40RULE 1

43) Regular appeal ORDER 41 RULE 1

44) Stay of execution of decree in appeal ORDER 41 RULE 5(1)

45) Restore of appeal dismissed for default ORDER 41 RULE 19

46) Production of additional evidence in appeal ORDER 41 RULE 27

47) Second appeal ORDER 42 RULE 1 (SEC 100 CPC )

48) Review of Judgment ORDER 47 RULE 1 (114 CPC )

49) Advancement RULE 109(2)

50) Third party for C.Cs RULE188(2)

51) Amendment of Judgments/decrees/orders ORDER Sec.152

52) To summon (Handover summons) for evidence ORDER 16 RULE 7(4)

The sections of CPC provide provisions that are related to general principles of jurisdiction.

Section 2. Definitions.
Section 6. Pecuniary jurisdiction.
Section 9. Courts to try all civil suits unless barred.
Section 10. Stay of suit.
Section 11. Res-judicata.
Section 12. Bar to further suit.

Section 13. When foreign judgment not conclusive.
Section 14. Presumption as to foreign judgments.
Section 15. Court in which suits to be instituted.
Section 16. Suits to be instituted where subject-matter situate.
Section 17. Suits for immovable property situate within jurisdiction of different Courts.
Section 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
Section 19. Suits for compensation for wrongs to person or movable.
Section 20. Other suits to be instituted where defendants reside or cause of action arises.
Section 21. Objections to jurisdiction.
Section 21A. Bar on suit to set aside decree on objection as to place of suing.
Section 22. Power to transfer suits which may be instituted in more than one Court.
Section 23. To what Court application lies.
Section 24. General power of transfer and withdrawal.
Section 25. Power of Supreme Court to transfer suits, etc.

Section 26. Institution of suits.
Section 27. Summons to defendants.
Section 28. Service of summons where defendant resides in another State.
Section 29. Service of foreign summonses.
Section 30. Power to order discovery and the like.
Section 31. Summons to witness.
Section 32. Penalty for default.
Section 33. Judgment and decree.
Section 34. Interest.
Section 35. Costs.

Section 39. Transfer of decree.
Section 46. Precepts.
Section 52. Enforcement of decree against legal representative.
Section 55. Arrest and detention.
Section 56. Prohibition of arrest or detention of women in execution of decree for money.
Section 60. Property liable to attachment and sale in execution of decree.

Section 77. Letter of request.
Section 78. Commissions issued by foreign Courts.
Section 79. Suits by or against Government.
Section 80. Notice.
Section 82. Execution of decree.
Section 89. Arbitration.

Section 91. Public nuisances and other wrongful acts affecting the public.
Section 92. Public charities.
Section 96 to Section 112 – Appeals.
Section 113 to Section 115 – Reference, Review and Revision.

Section 144. Application for restitution.
Section 148. Enlargement of time.
Section 148A. Right to lodge a caveat.
Section 151. Saving of inherent powers of Court.
Section 152. Amendment of judgments, decrees or orders.
Section 153. General power to amend.

Important Orders and Rules of Civil Procedure Code

The Orders and Rules of Civil Procedure Code prescribe procedures and methods that govern civil proceedings in the country.

Order 1 – PARTIES TO SUITS

Rule 1. Who may be joined as plaintiffs.
Rule 3. Who may be joined as defendants.
Rule 9. Mis-joinder and non-joinder.
Rule 10. Suit in name of wrong plaintiff.
Rule 13. Objections as to non-joinder or mis-joinder.

Order 2 – FRAME OF SUIT

Rule 1. Frame of suit.
Rule 3. Joinder of causes of action.
Rule 7. Objections as to mis-joinder.

Order 4 – INSTITUTION OF SUITS

Rule 1. Suit to be commenced by plaint.
Rule 2. Register of suits.

Order 5 – ISSUE AND SERVICE OF SUMMONS

Rule 1. Summons.
Rule 3. Court may order defendant or plaintiff to appear in person.
Rule 9. Delivery or transmission of summons for service.
Rule 9A. Summons given to the plaintiff for service.
Rule 15. Where service may be on an adult member of defendant’s family.
Rule 17. Procedure when defendant refuses to accept service, or cannot be found.
Rule 20. Substituted service.
Rule 24. Service on defendant in prison.
Rule 28. Service on soldiers, sailors or airmen.
Rule 30. Substitution of letter for summons.

Order 6 – PLEADINGS GENERALLY

Rule 1. Pleading.
Rule 2. Pleading to state material facts and not evidence.
Rule 3. Forms of pleading.
Rule 16. Striking out pleadings.
Rule 17. Amendment of pleadings.
Rule 18. Failure to amend after order.

Order 7 – PLAINT

Rule 1. Particulars to be contained in plaint.
Rule 4. When plaintiff sues as representative.
Rule 10. Return of plaint.
Rule 11. Rejection of plaint.
Rule 14. Production of document on which plaintiff sues.

Order 8 – WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM

Rule 1. Written statement.
Rule 1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.
Rule 6. Particulars of set-off to be given in written statement.
Rule 6A. Counter-claim by defendant.
Rule 6B. Counter-claim to be stated.

Order 9- APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE

Rule 1. Parties to appear on day fixed in summons for defendant to appear and answer.
Rule 3. Where neither party appears, suit to be dismissed.
Rule 5. Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for fresh summons.
Rule 6. Procedure when only plaintiff appears.
Rule 8. Procedure where defendant only appears.
Rule 13. Setting aside decree ex-parte against defendant.
Rule 14. No decree to be set aside without notice to opposite party.

Order 10- EXAMINATION OF PARTIES BY THE COURT

Rule 1. Ascertainment whether allegations in pleadings are admitted or denied.
Rule 1A. Direction of the court to opt for any one mode of alternative dispute resolution.
Rule 3. Substance of examination to be written.

Order XII - When Defendant admit the Claim of Plaintiff

Rule 6. The purpose of Order XII rule 6 Civil Procedure Code is to avoid waiting by the plaintiff for part of the decree when there is a clear, unequivocal, unambiguous and unconditional admission of the defendant in respect of the claim of the defendant

Order 14- SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

Rule 1. Framing of issues.
Rule 3. Materials from which issues may be framed.
Rule 5. Power to amend and strike out, issues.

Order 15- DISPOSAL OF THE SUIT AT THE FIRST HEARING

Rule 1. Parties not at issue.
Rule 2. One of several defendants not at issue.
Rule 3. Parties at issue.
Rule 4. Failure to produce evidence.

Order 16- SUMMONING AND ATTENDANCE OF WITNESSES

Rule 6. Summons to produce document.
Rule 10. Procedure whose witness fails to comply with summons.
Rule 12. Procedure if witness fails to appear.

Order 17- ADJOURNMENTS

Rule 1. Court may grant time and adjourn hearing.
Rule 2. Procedure if parties fail to appear on day fixed.
Rule 3. Court may proceed notwithstanding either party fails to produce evidence, etc.

Order 20- JUDGMENT AND DECREE

Rule 1. Judgment when pronounced.
Rule 6. Contents of decree.
Rule 6A. Last paragraph of judgment to indicate in precise terms the reliefs granted.
Rule 12. Decree for possession and mesne profits.

Order 20A- COSTS

Rule 1. Provisions relating to certain items.
Rule 2. Costs to be awarded in accordance with the rules made by High Court.

Order 21- EXECUTION OF DECREES AND ORDERS

Rule 3. Lands situate in more than one jurisdiction.
Rule 6. Procedure where Court desires that its own decree shall be executed by another Court.
Rule 9. Execution of High Court of decree transferred by other Court.
Rule 11. Oral application.
Rule 18. Execution in case of cross-decrees.
Rule 19. Execution in case of cross-claims under same decree.
Rule 24. Process for execution.
Rule 26. When Court may stay execution.
Rule 42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.
Rule 58. Adjudication of claims to, or objections to attachment of, property.

Order 26- COMMISSIONS

Rule 1. Cases in which Court may issue commission to examine witness.
Rule 9. Commissions to make local investigations.
Rule 10. Procedure of Commissioner.
Rule 10A. Commission for scientific investigation.
Rule 10B. Commission for performance of a ministerial act.
Rule 10C. Commission for the sale of movable property.
Rule 11. Commission to examine or adjust accounts.
Rule 13. Commission to make partition of immovable property.
Rule 16. Powers of Commissioners.
Rule 19. Cases in which High Court may issue commission to examine witness.

Order 32- SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

Rule 1. Minor to sue by next friend.
Rule 2A. Security to be furnished by next friend when so ordered.
Rule 4. Who may act as next friend or be appointed guardian for the suit.

Order 33- SUITS BY INDIGENT PERSONS

Rule 1. Suits may be instituted by indigent person.
Rule 3. Presentation of application.
Rule 4. Examination of applicant.
Rule 5. Rejection of application.
Rule 9. Withdrawal of permission to sue as an indigent person.

Order 35- INTERPLEADER

Rule 1. Plaint in interpleader-suit.
Rule 5. Agents and tenants may not institute interpleader suits.

Order 38- ARREST AND ATTACHMENT BEFORE JUDGEMENT

Rule 7. Mode of making attachment.
Rule 9. Removal of attachment when security furnished or suit dismissed.
Rule 11. Property attached before judgment not to be re-attached in execution of decree.
Rule 11A. Provisions applicable to attachment.
Rule 12. Agricultural produce not attachable before judgment.

Order 39- TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

Rule 1. Cases in which temporary injunction may be granted.
Rule 3A. Court to dispose of application for injunction within thirty days.

Order 40- APPOINTMENT OF RECEIVERS

Rule 1. Appointment of receivers.
Rule 3. Duties.

Order 41- APPEALS FROM ORIGINAL DECREES

Rule 2. Grounds which may be taken in appeal.
Rule 5. Stay by Appellate Court.
Rule 37. Certified copy of decree to be sent to Court whose decree appealed from.

Order 42- APPEALS FROM APPELLATE DECREES

Rule 1. Procedure.

Order 43- APPEALS FROM ORDERS

Rule 1A. Right to challenge non-appealable orders in appeal against decree.

Order 44- APPEALS BY INDIGENT PERSONS

Rule 1. Who may appeal as an indigent person.
Rule 3. Inquiry as to whether applicant is an indigent person.

Order 46- REFERENCE

Rule 1. Reference of question to High Court.
Rule 4A. Reference to high Court under proviso to section 113.

Order 47- REVIEW

Rule 1. Application for review of judgment.
Rule 4. Application where rejected.