ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, commencement and extent.
2. Definitions.
4. Savings.
5. Application of the Code to Revenue Courts.
7. Provincial Small Cause Courts.
8. Presidency Small Cause Courts.
PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND RES JUDICATA
9. Courts to try all civil suits unless barred.
10. Stay of suit.
11. Res judicata.
12. Bar to further suit.
13. When foreign judgment not conclusive.
14. Presumption as to foreign judgments.
PLACE OF SUING
15. Court in which suits to be instituted.
16. Suits to be instituted where subject-matter situate.
17. Suits for immovable property situate within jurisdiction of different Courts.
18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
19. Suits for compensation for wrongs to person or movables.
20. Other suits to be instituted where defendants reside or cause of action arises.
21. Objections to jurisdiction.
21A. Bar on suit to set aside decree on objection as to place of suing.
22. Power to transfer suits which may be instituted in more than one Court.
23. To what Court application lies.
24. General power of transfer and withdrawal.
25. Power of Supreme Court to transfer suits, etc.
Judgments on Territorial Jurisdiction
- Oil & Natural Gas Commission v. Utpal Kumar Basu & Ors
- Navinchandra N. Majithia v. State of Maharashtra & Ors
- Rajasthan High Court Advocates’ Association v. Union of India & Ors
- Union of India & Ors. v. Adani Exports Ltd. & Anr
- Subodh Kumar Gupta v. Shrikant Gupta & Ors.
- Rameshwar Lal Ram Karan & Ors. v. Gulab Chand Puranmal
INSTITUTION OF SUITS
26. Institution of suits.
SUMMONS AND DISCOVERY
28. Service of summons where defendant resides in another State.
29. Service of foreign summonses.
30. Power to order discovery and the like.
31. Summons to witness.
32. Penalty for default.
JUDGMENT AND DECREE
33. Judgment and decree.
INTEREST
34. Interest.
COSTS
35. Costs.
35. Costs. (Commercial Disputes)
35A. Compensatory costs in respect of false or vexatious claims or defences.
35B. Costs for causing delay.
PART II
EXECUTION
GENERAL
37. Definition of Court which passed a decree.
COURTS BY WHICH DECREES MAY BE EXECUTED
38. Court by which decree may be executed.
39. Transfer of decree.
40. Transfer of decree to Court in another State.
41. Result of execution proceedings to be certified.
42. Powers of Court in executing transferred decree.
43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.
44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
44A. Execution of decrees passed by Courts in reciprocating territory.
45. Execution of decrees outside India.
46. Precepts.
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
47. Questions to be determined by the Court executing decree.
LIMIT OF TIME FOR EXECUTION
48. [Repealed.] : [Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f. 1-1-1964)
TRANSFEREES AND LEGAL REPRESENTATIVES
49. Transferee.
50. Legal representative.
PROCEDURE IN EXECUTION
51. Powers of Court to enforce execution.
52. Enforcement of decree against legal representative.
53. Liability of ancestral property.
54. Partition of estate or separation of share.
ARREST AND DETENTION
55. Arrest and detention.
56. Prohibition of arrest or detention of women in execution of decree for money.
59. Release on ground of illness.
ATTACHMENT
60. Property liable to attachment and sale in execution of decree.
61. Partial exemption of agricultural produce.
62. Seizure of property in dwelling-house.
63. Property attached in execution of decrees of several Courts.
64. Private alienation of property after attachment to be void.
SALE
65. Purchaser’s title.
66. [Repealed.].S. 66 rep. by Act 45 of 1988. s. 7 (w.e.f. 19-5-1988).
67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money.
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY
68. [Omitted.]. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7.
69. [Omitted.]. by s. 7, ibid.
70. [Omitted.]. by s. 7, ibid
71. [Omitted.]. by s. 7 ibid
72. [Omitted.]. by s. 7, ibid
DISTRIBUTION OF ASSETS
73. Proceeds of execution sale to be rateably distributed among decree-holders.
RESISTANCE TO EXECUTION
PART III
INCIDENTAL PROCEEDINGS
COMMISSIONS
75. Power of Court to issue commissions.
76. Commission to another Court.
77. Letter of request.
78. Commissions issued by foreign Courts.
PART IV
SUITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
79. Suits by or against Government.
80. Notice.
- Chief Conservator of Forests, Government of A.P. V. Collector & Ors
- Salem Advocate Bar Association, Tamil Nadu V. Union of India
81. Exemption from arrest and personal appearance.
82. Execution of decree.
SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
83. When aliens may sue.
84. When foreign States may sue.
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
86. Suits against foreign Rulers, Ambassadors and Envoys.
87. Style of foreign Rulers as parties to suits.
87A. Definitions of “foreign State” and “Ruler”.
SUITS AGAINST RULERS OF FORMER INDIAN STATES
87B. Application of sections 85 and 86 to Rulers of former Indian States.
INTERPLEADER
88. Where interpleader-suit may be instituted.
PART V
SPECIAL PROCEEDINGS
ARBITRATION
89. Settlement of disputes outside the Court.
SPECIAL CASE
90. Power to state case for opinion of Court.
PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
91. Public nuisances and other wrongful acts affecting the public.
92. Public charities.
93. Exercise of powers of Advocate-General outside presidency-towns.
PART VI
SUPPLEMENTAL PROCEEDINGS
95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
PART VII
APPEALS
APPEALS FROM ORIGINAL DECREES
96. Appeal from original decree.
97. Appeal from final decree where no appeal from preliminary decree.
98. Decision where appeal heard by two or more Judges.
99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.
APPEALS FROM APPELLATE DECREES
100. Second appeal.
100A. No further appeal in certain cases.
101. Second appeal on no other grounds.
102. No second appeal in certain cases.
103. Power of High Court to determine issue of fact.
APPEALS FROM ORDERS
104. Orders from which appeal lies.
105. Other orders.
106. What Courts to hear appeals.
GENERAL PROVISIONS RELATING TO APPEALS
107. Powers of Appellate Court.
108. Procedure in appeals from appellate decrees and orders.
APPEALS TO THE SUPREME COURT
109. When appeals lie to the Supreme Court.
110. [Omitted.]. 110. [Value of subject-matter.] Omitted by the Code of civil Procedure (Amendment) Act, 1973 (49 of 1973, s. 3
111. [Omitted.]. 111. [Bar of certain appeals.] omitted by the A.O. 1950.
111A. [Omitted.]. 111A. [Appeals to Federal Court] Rep. by the Federal Court Act, 1941 (21 of 1941), s. 2.
112. Savings.
PART VIII
REFERENCE, REVIEW AND REVISION
113. Reference to High Court.
114. Review.
115. Revision.
PART IX
SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
116. Part to apply only to certain High Courts.
117. Application of Code to High Courts.
118. Execution of decree before ascertainment of costs.
119. Unauthorised persons not to address Court.
120. Provisions not applicable to High Court in originalcivil jurisdiction.
PART X
RULES
121. Effect of rules in First Schedule.
122. Power of certain High Courts to make rules.
123. Constitution of Rule Committees in certain States.
124. Committee to report to High Court.
125. Power of other High Courts to make rules.
126. Rules to be subject to approval.
127. Publication of rules.
128. Matters for which rules may provide.
129. Power of High Courts to make rules as to their original Civil procedure.
130. Power of other High Courts to make rules as to matters other than procedure.
131. Publication of rules.
PART XI
MISCELLANEOUS
132. Exemption of certain women from personal appearance.
133. Exemption of other persons.
134. Arrest other than in execution of decree.
135. Exemption from arrest under civil process.
135A. Exemption of members of legislative bodies from arrest and detention under civil process.
136. Procedure where person to be arrested or property to beattached is out side district.
137. Language of subordinate Courts.
138. Power of High Court to require evidence to be recorded in English.
139. Oath on affidavit by whom to be administered.
140. Assessors in causes of salvage, etc.
141. Miscellaneous proceedings.
142. Orders and notices to be in writing.
143. Postage.
144. Application for restitution.
145. Enforcement of liability of surety.
146. Proceedings by or against representatives.
147. Consent or agreement by persons under disability.
148. Enlargement of time.
148A. Right to lodge a caveat.
149. Power to make up deficiency of court-fees.
150. Transfer of business.
151. Saving of inherent powers of Court.
152. Amendment of judgments, decrees or orders.
153. General power to amend.
153A. Power to amend decree or order where appeal issummarily dismissed.
153B. Place of trial to be deemed to be open Court.
154. [Repealed.]. 154. [Saving of present right of appeal.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and the First Schedule.
155. [Repealed.]. 155. [Amendment of certain Acts.] Rep. by s. 2 and the First Schedule, ibid.
156. [Repealed.]. 156. [Repeals.] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s. 3 and the Second Schedule.
157. Continuance of orders under repealed enactments.
158. Reference to Code of Civil Procedure and other repealed enactments.
THE FIRST SCHEDULE. —RULES OF PROCEDURE.
ORDER I: (Parties to Suits)
RULES
1. Who may be joined as
plaintiffs.
2. Power of Court to order
separate trials.
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.
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
nonjoinder or misjoinder.
ORDER II: Frame of Suits
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: Recognised 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.
ORDER IV: Institution of
Suits
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.]
20. Substituted service.
Effect of substituted
service.
Where service substituted,
time for appearance to be fixed.
20A. [Repealed.]
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.
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 of 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.
5. [Omitted.].
6. Condition precedent.
7. Departure.
8. Denial of contract.
9. Effect of document to be
stated.
10. Malice, knowledge, etc.
11. Notice.
12. Implied contract, or
relation.
13. Presumptions of law.
14. Pleading to be signed.
14A. Address for service of
notice.
15. Verification of
pleadings.
16. Striking out pleadings.
17. Amendment of pleadings.
18. Failure to amend after
order
ORDER VII: Plaint
1. Particulars to be
contained in plaint.
2. In money suits.
3. Where the subject-matter
of the suits immovable property.
4. When plaintiff sues as
representative.
5. Defendant's interest and
liability to be shown.
6. Grounds of exemption from
limitation law.
7. Relief to be specifically
stated.
8. Relief founded on
separate grounds.
9. Procedure on admitting plaint.
10. Return of plaint.
Procedure on returning
plaint.
10A. Power of Court to fix a
date of appearance in the Court where plaint is to be filed after its return.
10B. Power of Appellate
Court to transfer suit to the proper Court.
11. Rejection of plaint.
12. Procedure on rejecting
plaint.
13. Where rejection of
plaint does not preclude presentation of fresh plaint.
Documents relied on in
Plaint
14. Production of document
on which plaintiff sues or relies.
List of other documents.
15. [Omitted.].
16. Suits on lost negotiable
instruments.
17. Production of shop-book.
Original entry to be marked
and returned.
18. [Omitted.].
ORDER VIII: Written
Statement, Set-off and Counter-Claim
1. Written statement.
1A. Duty of defendent to
produce documents upon which relief is claimed or relief upon by him.
2. New facts must be
specially pleaded.
3. Denial to be specific.
4. Evasive denial.
5. Specific denial.
6. Particulars of set-off to
be given in written statement.
Effect of set-off.
6A. Counter-claim by
defendant.
6B. Counter-claim to be
stated.
6C. Exclusion of
counter-claim.
6D. Effect of discontinuance
of suit.
6E. Default of plaintiff to
reply to counter-claim.
6F. Relief to defendant
where counter-claim succeeds.
6G. Rules relating to written
statement to apply.
7. Defence or set-off
founded upon separate grounds.
8. New ground of defence.
8A. [Omitted.]
10. Procedure when party
fails to present written statement called for by Court.
ORDER IX: Appearance of
Parties and Consequence of Non-Appearance
1. Parties to appear on day
fixed in summons for defendant to appear and answer.
2. Dismissal of suit where
summons not served in consequence of plaintiff's failure to pay costs.
3. Where neither party
appears, suit to be dismissed.
4. Plaintiff may bring fresh
suit or Court may restore suit to file.
5. Dismissal of suit where
plaintiff, after summons returned unserved, fails for one month to apply for fresh
summons.
6. Procedure when only
plaintiff appears.
When summons duly served.
When summons not duly
served.
When summons served, but not
in due time.
7. Procedure where defendant
appears on day of adjourned hearing and assigns good cause for previous
non-appearance.
8. Procedure where defendant
only appears.
9. Decree against plaintiff
by default bars fresh suit.
10. Procedure in case of
non-attendance of one or more of several plaintiffs.
11. Procedure in case of
non-attendance of one or more of several defendants.
12. Consequence of
non-attendance, without sufficient cause shown, of party ordered to appear in
person.
Setting aside decrees ex
parte
13. Setting aside decree ex
parte against defendant.
14. No decree to be set
aside without notice to opposite party.
ORDER X: Examination of
Parties by the Court
1. Ascertainment whether allegations in pleadings are admitted or denied.
1A. Direction of the court to opt for any one mode of alternative dispute resolution.
1B. Appearance before the conciliatory forum or authority.
1C. Appearance before the court consequent to the failure of efforts of conciliation.
2. Oral examination of
party, or companion of party.
3. Substance of examination
to be written.
4. Consequence of refusal or
inability of pleader to answer.
ORDER XI: Discovery and
Inspection
1. Discovery by
interrogatories.
2. Particular
interrogatories to be submitted.
3. Costs of interrogatories.
4. Form of interrogatories.
5. Corporations.
6. Objections to
interrogatories by answer.
7. Setting aside and
striking out interrogatories.
8. Affidavit in answer,
filing.
9. Form of affidavit in
answer.
10. No exception to be
taken.
11. Order to answer or
answer further.
12. Application for
discovery of documents.
13. Affidavit of documents.
14. Production of documents.
15. Inspection of documents
referred to in pleading or affidavits.
16. Notice to produce.
17. Time for inspection when
notice given.
18. Order for inspection.
19. Verified copies.
20. Premature discovery.
21. Non-compliance with
order for discovery.
22. Using answers to
interrogatories at trial.
23. Order to apply to
minors.
ORDER XII: Admissions
1. Notice of admission of
case.
2. Notice to admit
documents.
2A. Document to be deemed to
be admitted if not denied after service of notice to admit documents.
3. Form of notice.
3A. Power of Court to record
admission.
4. Notice to admit facts.
5. Form of admissions.
6. Judgment on admissions.
7. Affidavit of signature.
8. Notice to produce
documents.
9. Costs.
ORDER XIII: Production,
Impounding And Return of Documents
1. Documents evidence to be
produced at or before the settlement of issues.
2. [Omitted.]
3. Rejection of irrelevant
or inadmissible documents.
4. Endorsements on documents
admitted in evidence.
5. Endorsements on copies of
admitted entries in books, accounts and records.
6. Endorsements on documents
rejected as inadmissible in evidence.
7. Recording of admitted and
return of rejected documents.
8. Court may order any
document to be impounded.
9. Return of admitted
documents.
10. Court may sent for
papers from its own records or from other Courts.
11. Provisions as to
documents applied to material objects.
ORDER XIV: Settlement of
Issues And Determination of Suit on Issues of Law or on Issues Agreed Upon
1. Framing of issues.
2. Court to pronounce
judgment on all issues.
3. Materials from which
issues may be framed.
4. Court may examine
witnesses or documents before framing issues.
5. Power to amend, and
strike out, issues.
6. Questions of fact or law
may by, agreement be stated in form of issues.
7. Court, if satisfied that
agreement was executed in good faith, may pronounce judgment.
ORDER XV: Disposal of the
Suit at the First Hearing
1. Parties not at issue.
2. One of several defendants
not at issue.
3. Parties at issue.
4. Failure to produce
evidence.
ORDER XVI: Summoning and
Attendance of Witnesses
1. List of witnesses and
summons to witnesses.
1A. Production of witnesses
without summons.
2. Expenses of witness to be
paid into Court on applying for summons.
Experts.
Scale of expenses.
Expenses to be directly paid
to witnesses.
3. Tender of expenses to
witness.
4. Procedure where
insufficient sum paid in.
Expenses of witnesses
detained more than one day.
5. Time, place and purpose
of attendance to be specified in summons.
6. Summons to produce document.
7. Power to require persons
present in Court to give evidence or produce document.
7A. Summons given to party
for service.
8. Summons how served.
9. Time for serving summons.
10. Procedure where witness
fails to comply with summons.
11. If witness appears,
attachment may be withdrawn.
12. Procedure if witness
fails to appear.
13. Mode of attachment.
14. Court may of its own
accord summon as witnesses strangers to suit.
15. Duty of persons summoned
to give evidence or produce document.
16. When they may depart.
17. Application of rules 10
to 13.
18. Procedure where witness
apprehended cannot give evidence or produce document.
19. No witness to be ordered
to attend in person unless resident within certain limits.
20. Consequence of refusal
of party to give evidence when called on by Court.
21. Rules as to witnesses to
apply to parties summoned.
ORDER XVIA:
Attendance of Witnesses
Confined or Detained in Prisons
1. Definitions.
2. Power to require
attendance of prisoners to give evidence.
3. Expenses to be paid into
Court.
4. Power of State Government
to exclude certain persons from the operation of rule 2.
5. Officer in charge of
prison to abstain from carrying out order in certain cases.
6. Prisoner to be brought to
Court in custody.
7. Power to issue commission
for examination of witness in prison.
ORDER XVII: Adjournments
1. Court may grant time and
adjourn hearing.
Costs of adjournment.
2. Procedure if parties fail
to appear on day fixed.
3. Court may proceed
notwithstanding either party fails to produce evidence, etc.
ORDER XVIII: Hearing of the
Suit and Examination of Witnesses
1. Right to begin.
2. Statement and production
of evidence.
3. Evidence where several
issues.
3A. Party to appear before
other witnesses.
4. Recording of evidence.
5. How evidence shall be
taken in appealable cases.
6. When deposition to be
interpreted.
7. Evidence under section
138.
8. Memorandum when evidence
not taken down by judge.
9. When evidence may be
taken in English.
10. Any particular question and
answer may be taken down.
11. Questions objected to
and allowed by Court.
12. Remarks on demeanour of
witnesses.
13. Memorandum of evidence
in unappealable cases.
14. [Repealed.]
15. Power to deal with
evidence taken before another Judge.
16. Power to examine witness
immediately.
17. Court may recall and
examine witness.
17A. [Omitted.]
18. Power of Court to
inspect.
19. Power to get statements
recorded on commission.
ORDER XIX: Affidavits
1. Power to order any point
to be proved by affidavit.
2. Power to order attendance
of deponent for cross-examination.
3. Matters to which
affidavits shall be confined.
ORDER XX: Judgment and
Decree
1. Judgment when pronounced.
2. Power to pronounce judgment written by Judge’s predecessor.
3. Judgment to be signed.
4. Judgments of Small Cause Courts.
5. Court to state its
decision on each issue.
5A. Court to inform parties
as to where an appeal lies in cases where parties are not represented by
pleaders.
6. Contents of decree.
6A. Preparation of Decree.
6B. Copies of judgments when to be made available.
7. Date of decree.
8. Procedure where Judge has
vacated office before signing decree.
9. Decree for recovery of
immovable property.
10. Decree for delivery of
movable property.
11. Decree may direct
payment by instalments.
Order, after decree, for
payment by instalments.
12. Decree for possession
and mesne profits.
12A. Decree for specific
performance of contract for the sale or lease of immovable property.
13. Decree in administration-suit.
14. Decree in
pre-emption-suit.
15. Decree in suit for
dissolution of partnership.
16. Decree in suit for
account between principal and agent.
17. Special directions as to
accounts.
18. Decree in suit for
partition of property or separate possession of a share therein.
19. Decree when set-off or
counter-claim is allowed.
Appeal from decree relating
to set-off or counter-claim.
20. Certified copies of
judgment and decree to be furnished.
ORDER XX-A: Costs
1. Provisions relating to
certain items.
2. Costs to be awarded in
accordance with the rules made by High Court.
ORDER XXI: EXECUTION OF
DECREES AND ORDERS
Payment under decree
1. Modes of paying money under decree.
2. Payment out of Court to decree-holder.
Courts executing decrees
3. Lands situate in more
than one jurisdiction.
4. Transfer to Court of
Small Causes.
5. Mode of transfer.
6. Procedure where Court
desires that its own decree shall be executed by another Court.
7. Court receiving copies of
decree, etc., to file same without proof.
8. Execution of decree or
order by Court to which it is sent.
9. Execution by High court
of decree transferred by other Court.
Application for execution
10. Application for
execution.
11. Oral application.
11A. Application for arrest
to state grounds.
12. Application for attachment of movable property not in judgment-debtor’s possession.
13. Application for attachment of immovable property to contain certain particulars.
14. Power to require certified extract from Collector’s register in certain cases.
15. Application for execution by joint decree-holder.
16. Application for execution by transferee of decree.
17. Procedure on receiving application for execution of decree.
18. Execution in case of
cross-decrees.
19. Execution in case of
cross-claims under same decree.
20. Cross-decrees and
cross-claims in mortgage-suits.
21. Simultaneous execution.
22. Notice to show cause against execution in certain cases.
22A. Sale not to be set
aside on the death of the judgment-debtor before the sale but after the service
of the proclamation of sale.
23. Procedure after issue of
notice.
Process for execution
Stay of execution
26. When Court may stay
execution.
Power to require security
from, or impose conditions upon, judgment-debtor.
27. Liability of
judgment-debtor discharged.
28. Order of Court which
passed decree or of appellate Court to be binding upon Court applied to.
29. Stay of execution
pending suit between decree-holder and judgment-debtor.
Mode of execution
30. Decree for payment of
money.
31. Decree for specific
movable property.
32. Decree for specific
performance for restitution of conjugal rights or for an injunction.
33. Discretion of Court in
executing decrees for restitution of conjugal rights.
34. Decree for execution of
document, or endorsement of negotiable instrument.
35. Decree for immovavle
property.
36. Decree for delivery of
immovable property when in occupancy of tenant.
Arrest and detention in the
civil prison
37. Discretionary power to
permit judgment-debtor to show cause against detention in prison.
38. Warrant for arrest to
direct judgment-debtor to be brought up.
39. Subsistence-allowance.
40. Proceedings on
appearance of judgment-debtor in obedience to notice or after arrest.
Attachment of property
41. Examination of
judgment-debtor as to his property.
42. Attachment in case of
decree for rent or mesne profits or other matter, amount of which to be
subsequently determined.
43. Attachment of movable
property, other than agricultural produce, in possession of judgment-debtor.
43 A. Custody of movable
property.
44. Attachment of
agricultural produce.
45. Provisions as to
agricultural produce under attachment.
46. Attachment of debt,
share and other property not in possession of judgment-debtor.
46A. Notice to garnishee.
46 B . Order against
garnishee.
46 C. Trial of disputed
questions.
46 D. Procedure where debt,
belongs to third person.
46 E. Order as regards third
person.
46 F. Payment by garnishee
to be valid discharge.
46 G. Costs.
46 H. Appeals.
46 I. Application to
negotiable instruments.
47. Attachment of share in
movables.
48. Attachment of salary or
allowances of servant of the Government or railway company or local authority.
48 A. Attachment of salary
or allowances of private employees.
49. Attachment of
partnership property.
50. Execution of decree
against firm.
51. Attachment of negotiable
instruments.
52. Attachment of property
in custody of Court or public officer.
53. Attachment of decrees.
54. Attachment of immovable
property.
55. Removal of attachment
after satisfaction of decree.
56. Order for payment of
coin or currency notes to party entitled under decree.
57. Determination of
attachment.
Adjudication of claims and
objections
58. Adjudication of claims
to, or objections to attachment of property.
59. Stay of sale.
Sale generally
64. Power to order property
attached to be sold and proceeds to be paid to person entitled.
65. Sales by whom conducted
and how made.
66. Proclamation of sales by
public auction.
67. Mode of making
proclamation.
68. Time of sale.
69. Adjournment or stoppage
of sale.
70. [Repealed.]
71. Defaulting purchaser
answerable for loss on re-sale.
72. Decree-holder not to bid
for or buy property without permission.
Where decree-holder
purchases, amount of decree may be taken as payment.
72A. Mortgagee not to bid at
sale without the leave of the Court.
73. Restriction on bidding
or purchase by officers.
Sale of movable property
74. Sale of agricultural
produce.
75. Special provisions
relating to growing crops.
76. Negotiable instruments
and shares in corporations.
77. Sale by public auction.
78. Irregularity not to
vitiate sale, but any person injured may sue.
79. Delivery of movable
property, debts and shares.
80. Transfer of negotiable
instruments and shares.
81. Vesting order in case of
other property.
Sale of immovable property.
82. What Courts may order
sales.
83. Postponement of sale to
enable judgment-debtor to raise amount of decree.
84. Deposit by purchaser and
re-sale on default.
85. Time for payment in full
of purchase-money.
86. Procedure in default of
payment.
87. Notification on re-sale.
88. Bid of co-sharer to have
preference.
89. Application to set aside
sale on deposit.
90. Application to set aside
sale on ground of irregularity or fraud.
91. Application by purchaser
to set aside sale on ground of judgment-debtor having no saleable interest.
92. Sale when to become
absolute or be set aside.
93. Return of purchase-money
in certain cases.
94. Certificate to
purchaser.
95. Delivery of property in
occupancy of judgment-debtor.
96. Delivery of property in
occupancy of tenant.
Resistance to delivery of
possession to decree-holder or purchaser
97. Resistance or
obstruction to possession of immovable property.
98. Orders after
adjudication.
99. Dispossession by
decree-holder or purchaser.
100. Order to be passed upon
application complaining of dispossession.
101. Question to be
determined.
102. Rules not applicable to
transferee pendente lite.
103. Orders to be treated as
decrees.
104. Order under rule 101 or
rule 103 to be subject to the result of pending suit.
105. Hearing of application.
106. Setting aside orders
passed ex parte, etc.
ORDER XXII: Death, Marriage and Insolvancy of Parties
1. No abatement by party's
death, if right to sue survives.
2. Procedure where one of
several plaintiffs or defendants dies and right to sue survives.
3. Procedure in case of
death of one of several plaintiffs or of sole plaintiff.
4. Procedure in case of
death of one of several defendants or of sole defendant.
4A. Procedure where there is
no legal representative.
5. Determination of question
as to legal representative.
6. No abatement by reason of
death after hearing.
7. Suit not abated by
marriage of female party.
8. When plaintiffs
insolvency bars suit.
Procedure where assignee
fails to continue suit or give security.
9. Effect of abatement or
dismissal.
10. Procedure in case of
assignment before final order in suit.
10A. Duty of pleader to
communicate to Court death of a party.
11. Application of Order to
appeals.
12. Application of Order to
proceedings.
ORDER XXIII: Withdrawal and
Adjustment of Suits
1. Withdrawal of suit or
abandonment of part of claim.
1A.When transposition of
defendants as plaintiffs may be permitted.
2. Limitation law not
affected by first suit.
3. Compromise of suit.
3A. Bar to suit.
3B. No agreement or
compromise to be entered in a representative suit without leave of Court.
4. Proceedings in execution
of decrees not affected.
ORDER XXIV: Payment Into
Court
1. Deposit by defendant of
amount in satisfaction of claim.
2. Notice of deposit.
3. Interest on deposit not
allowed to plaintiff after notice.
4. Procedure where plaintiff
accepts deposit as satisfaction in part.
Procedure where he accepts
it as satisfaction in full.
ORDER XXV: Security for
costs
1. When security for costs
may be required from plaintiff.
2. Effect of failure to
furnish security.
ORDER XXVI: Commissions
Commissions to examine witnesses
1. Cases in which Court may
issue commission to examine witness.
2. Order for commission.
3. Where witness resides
within Court's jurisdiction.
4. Persons for whose
examination commission may issue.
4A. Commission for
examination of any person resident within the local limits of the jurisdiction
of the Court.
5. Commission or request to
examine witness not within India.
6. Court to examine witness
pursuant to commission.
7. Return of commission with
depositions of witnesses.
8. When depositions may be
read in evidence.
Commissions for local
investigations
9. Commissions to make local
investigations.
10. Procedure of
Commissioner.
Report and depositions to be
evidence in suit.
Commissioner may be examined
in person.
Commissions for scientific investigation,
performance of ministerial act and sale of movable property
10A. Commission for
scientific investigation.
10B. Commission for
performance of a ministerial act.
10C. Commission for the sale
of movable property.
Commissions to examine
accounts
11. Commission to examine or
adjust accounts.
12. Court to give
Commissioner necessary instructions.
Proceedings and report to be
evidence.
Court may direct further
inquiry.
Commissions to make
partitions.
13. Commission to make
partition of immovable property.
14. Procedure of
Commissioner.
General Provisions
15. Expenses of commission
to be paid into Court.
16. Powers of Commissioners.
16A. Questions objected to
before the Commissioner.
17. Attendance and
examination of witnesses before Commissioner.
18. Parties to appear before
Commissioner.
18A. Application of Order to
execution proceedings.
18B. Court to fix a time for
return of Commission.
Commissions issued at the
instance of Foreign Tribunals
19. Cases in which High
Court may issue commission to examine witness.
20. Application for issue of
commission.
21. To whom commission may
be issued.
22. Issue, execution and
return of commissions, and transmission of evidence to foreign Court.
ORDER XXVII: Suits by or
against the Government or Public Officers in their Official Capacity
1. Suits by or against Government.
2. Persons authorized to act
for Government.
3. Plaints in suits by or
against Government.
4. Agent for Government to
receive process.
5. Fixing of day for
appearance on behalf of Government.
5A. Government to be joined
as a party in a suit against a public officer.
5B. Duty of Court in suits
against the Government or a public officer to assist in arriving at a settlement.
6. Attendance of person able
to answer questions relating to suit against Government.
7. Extension of time to
enable public officer to make reference to Government.
8. Procedure in suits
against public officer.
8A. No security to be
required from Government or a public officer in certain cases.
8B. Definitions of “Government”
“and” “Government pleader”.
ORDER XXVII-A: Suits
Involving a Substantial Question of Law as to the Interpretation of the
Constitution or as to the validity of any Statutory Instrument
1. Notice to the Attorney
General or the Advocate-General.
1A. Procedure in suits
involving validity of any statutory instrument.
2. Court may add Government
as party.
2A. Power of Court to add
Government or other authority as a defendant in a suit relating to the validity
of any statutory instrument.
3. Costs.
4. Application of Order to
appeals.
ORDER XXVIII: Suits by or
against Military or Navalmen or Airmen
1. Officers, soldiers,
sailors or airmen who cannot obtain leave may authorize any person to sue or
defend for them.
2. Person so authorized may
act personally or appoint pleader.
3. Service on person so
authorized, or on his pleader, to be good service.
ORDER XXIX: Suits by or
Against Corporations
1. Subscription and
verification of pleading.
2. Service on corporation.
3. Power to require personal
attendance of officer of corporation.
ORDER XXX: Suits by or
Against Firms and Persons carrying on Business in names other than their own
1. Suing of partners in name
of firm.
2. Disclosure of partners’
names.
3. Service.
4. Right of suit on death of
partner.
5. Notice in what capacity
served.
6. Appearance of partners.
7. No appearance except by
partners.
8. Appearance under protest.
9. Suits between
co-partners.
10. Suit against person
carrying on business in name other than his own.
ORDER XXXI: Suits by or
against Trustees, Executors and Administrators
1. Representation of
beneficiaries in suits concerning property vested in trustees, etc.
2. Joinder of trustees,
executors and administrators.
3. Husband of married executrix
not to join.
ORDER XXXII: Suits by or
Against Minors and Persons of Unsound Mind
1. Minor to sue by next
friend.
2. Where suit is instituted
without next friend, plaint to be taken off the file.
2A. Security to be furnished
by next friend when so ordered.
3. Guardian for the suit to
be appointed by Court for minor defendant.
3A. Decree against minor not
to be set aside unless prejudice has been caused to his interests.
4. Who may act as next
friend or be appointed guardian for the suit.
5. Representation of minor
by next friend or guardian for the suit.
6. Receipt by next friend or
guardian for the suit of property under decree for minor.
7. Agreement or compromise
by next friend or guardian for the suit.
8. Retirement of next
friend.
9. Removal of next friend.
10. Stay of proceedings on
removal, etc., of next friend.
11. Retirement, removal or
death of guardian for the suit.
12. Course to be followed by
minor plaintiff or applicant on attaining majority.
13. Where minor co-plaintiff
attaining majority desires to repudiate suit.
14. Unreasonable or improper
suit.
15. Rules 1 to 14 (except
rule 2A) to apply to persons of unsound mind.
16. Savings.
ORDER XXXIIA: Suits Relating
to Matters Concerning the Family
1. Application of the Order.
2. Proceedings to be held in
camera.
3. Duty of Court to make
efforts for settlement.
4. Assistance of welfare
expert.
5. Duty to inquire into
facts.
6. “Family” meaning of.
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 persons 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 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.
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.
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.
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.
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.
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.
ORDER XXXVIII: Arrest and
Attachment before Judgment
Arrest before Judgment
1. Where defendant may be
called upon to furnish security for appearance.
2. Security.
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.
ORDER XL: Appointment of
Receivers
2. Remuneration.
3. Duties.
4. Enforcement of receiver's
duties.
5. When Collector may be
appointed receiver.
ORDER XLI: Appeals from
original Decrees
1. Form of appeal.
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
Stay by Court which passed the decree.
6. Security in case of order
for execution of decree appealed from.
7. [Repealed.]
8. Exercise of powers in
appeal from order made in execution of decree.
Procedure on admission of
appeal
9. Registry of memorandum of
appeal.
Register of appeal.
10. Appellate Court may
require appellant to furnish security for costs.
Where appellant resides out
of India.
11. Power to dismiss appeal
without sending notice to Lower Court.
11A. Time within which
hearing under rule 11 should be concluded.
12. Day for hearing appeal.
13. Appellate Court to give
notice to Court whose decree appealed from.
Transmission of papers to
Appellate Court.
Copies of exhibits in Court
whose decree appealed from.
14. Publication and service
of notice of day for hearing appeal.
Appellate Court may itself
cause notice to be served.
15. Contents of notice.
Procedure on hearing
16. Right to begin.
17. Dismissal of appeal for
appellant's default.
Hearing appeal ex parte.
18. Dismissal of appeal
where notice not served in consequence of appellant's failure to deposit costs.
19. Re-admission of appeal
dismissed for default.
20. Power to adjourn
hearing, and direct persons appearing interested to be made respondents.
21. Re-hearing on
application of respondent against whom ex parte decree made.
22. Upon hearing respondent
may object to decree as if he had preferred a separate appeal.
Form of objection and
provisions applicable thereto.
23. Remand of case byAppellate Court.
23A. Remand in other cases.
24. Where evidence on record
sufficient, Appellate Court may determine case finally.
25. Where Appellate Court
may frame issues and refer them for trial to Court whose decree appealed from.
26. Findings and evidence to
be put on record.
Objections to finding.
Determination of appeal.
26A. Order of remand to
mention date of next hearing
27. Production of additional evidence in Appellate Court.
- K. Venkataramiah V. A. Seetarama Reddy
- Jaipur Development Authority V. Smt Kailashwati Devi
- Natha Singh V. Financial Commissioner Taxation
28. Mode of taking
additional evidence.
29. Points to be defined and
recorded.
Judgment in appeal
30. Judgment when and where
pronounced.
31. Contents, date and signature of judgment.
32. What judgment may
direct.
33. Power of Court of
appeal.
34. Dissent to be recorded.
Decree in appeal
35. Date and contents of
decree.
Judge dissenting from
judgment need not sign decree.
36. Copies of judgment and
decree to be furnished to parties.
37. Certified copy of decree
to be sent to Court whose decree appealed from.
ORDER XLII: Appeals from
Appellate Decrees
1. Procedure.
2. Power of Court to direct
that the appeal be heard on the question formulated by it.
3. Application of rule 14 of
Order XLI.
ORDER XLIII: Appeals from
Orders
1. Appeals from orders.
1A. Right to challenge
non-appealable orders in appeal against decrees.
2. Procedure.
ORDER XLIV: Appeals by
Indigent Persons
1. Who may appeal as an
indigent person.
2. Grant of time for payment
of Court-fee.
3. Inquiry as to whether
applicant is an indigent person.
ORDER XLV: Appeals to the
Supreme Court
1. “Decree” defined.
2. Application to Court
whose decree complained of.
3. Certificate as to value
or fitness.
4. [Repealed.]
5. [Repealed.]
6. Effect of refusal of
certificate.
7. Security and deposit
required on grant of certificate.
8. Admission of appeal and
procedure thereon.
9. Revocation of acceptance
of security.
9A. Power to dispense with
notices in case of deceased parties.
10. Power to order further
security or payment.
11. Effect of failure to
comply with order.
12. Refund of balance
deposit.
13. Powers of Court pending
appeal.
14. Increase of security
found inadequate.
15. Procedure to enforce
orders of the Supreme Court.
16. Appeal from order
relating to execution.
17. [Repealed.]
ORDER XLVI: Reference
1. Reference of question to
High Court.
2. Court may pass decree
contingent upon decision of High Court.
3. Judgment of High Court to
be transmitted, and case disposed of accordingly.
4. Costs of reference to
High Court.
4A. Reference to High Court
under proviso to section 113.
5. Power to alter, etc.,
decree of Court making reference.
6. Power to refer to High
Court questions as to jurisdiction in small causes.
7. Power to District Court
to submit for revision proceedings had under mistake as to jurisdiction in small
causes.
ORDER XLVII: Review
1. Application for review of judgment.
2. [Repealed.]
3. Form of applications for
review.
4. Application where
rejected.
Application where granted.
5. Application for review in
Court consisting of two or more Judges.
6. Application where
rejected.
7. Order of rejection not
appealable.
Objections to order granting
application.
8. Registry of application
granted, and order for re-hearing.
9. Bar of certain
applications.
ORDER XLVIII: Miscellaneous
1. Process to be served at
expense of party issuing.
Costs of service.
2. Orders and notices how
served.
3. Use of forms in
appendices.
ORDER XLIX: Chartered High
Courts
1. Who may serve processes
of High Court.
2. Saving in respect of
Chartered High Courts.
3. Application of rules.
ORDER L: Provincial Small
Cause Courts
1. Provincial Small Cause
Courts.
ORDER LI: Presidency Small
Cause Courts
1. Presidency Small Cause
Courts.
APPENDICES TO THE FIRST
SCHEDULE
Forms
A.—PLEADINGS.
1. Titles of suits.
2. Description of parties in
particular cases.
3. Plaints.
4. Written statements.
B.—PROCESS.
C.—DISCOVERY, INSPECTION AND
ADMISSION.
D.—DECREES.
E.—EXECUTION.
F.—SUPPLEMENTAL PROCEEDINGS.
G.—APPEAL, REFERENCE AND
REVIEW.
H.—MISCELLANEOUS.
APPENDIX A. —PLEADINGS.
APPENDIX B. —PROCESS,
APPENDIX C. —DISCOVERY, INSPECTION AND ADMISSION.
APPENDIX D. —DECREES.
APPENDIX E. —EXECUTION.
APPENDIX F. —SUPPLEMENTAL PROCEEDINGS.
APPENDIX G —APPEAL, REFERENCE AND REVIEW.
APPENDIX H. —MISCELLANEOUS.
- No. 1: Agreement of parties as to issues to be tried
- No. 13: Notice to Surety of His Liability Under a Decree
THE SECOND SCHEDULE — [Repealed]. THE SECOND SCHEDULE.—[Arbitration.] Rep. by the Arbitration Act, 1940 (10 of 1940), s. 49 (1) and the Third Schedule.
THE THIRD SCHEDULE. —[Repealed]. THE THIRD SCHEDULE.—[Execution of Decrees by Collectors.] Rep by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 15.
THE FOURTH SCHEDULE. — [Repealed]. THE FOURTH SCHEDULE.—[Enactments amended.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and the First Schedule.
THE FIFTH SCHEDULE. — [Repealed]. THE FIFTH SCHEDULE.—[Enactments repealed.] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s. 3 and the Second Schedule.
No comments:
Post a Comment