Appendix F — SUPPLEMENTAL PROCEEDINGS

CPC · 10 forms

(O. 38, r. 1)
(Title)
To
The Bailiff of the Court.
WHEREAS………………………., the plaintiff in the above suit, claims the sum of Rs. …………
as noted in the margin, and has proved to the satisfaction of the Court
that there is probable cause for believing that the
Principal
defendant………………………is about to……………….;These are to
command you to demand and receive from the said……………..the
sum of Rs………………..as sufficient to satisfy the plaintiff’s claim,
and unless the said sum of Rs.……………… ...is forthwith delivered to
Interest you by or on behalf of the said………………………,to take the
said……………………………………………into custody, and to bring
him before this Court, in order that he may show cause why he should
not furnish security to the amount of Rs. ………………….for his
Costs
personal appearance before the Court, until such time as the said suit
shall be fully and finally disposed of, and until satisfaction of any
decree that may be passed against him in the suit.
T OTAL
G IVEN under my hand and the seal of the Court, this……………………. Day of ……………20…
Judge.

(O. 38, r. 2.)
(Title)
W HEREAS at the instance of………………., the plaintiff in the above suit, ………………the
defendant, has been arrested and brought before the Court;
And whereas on the failure of the said defendant to show cause why he should not furnish security for
his appearance, the Court has ordered him to furnish such security:
Therefore I…………………have voluntarily become surety and do hereby bind myself, my heirs and
executors, to the said Court, that the said defendant shall appear at any time when called upon while the
suit is pending and until satisfaction of any decree that may be passed against him in the said suit; and in
default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order,
any sum of money that may be adjudged against the said defendant in the said suit.
Witness my hand at………………this……………day of………….20……..
(Signed.)
Witnesses.
1.
2.

(O . 38, r. 3)
(Title)
To
...................
...................
W HEREAS………………………………… , who became surety on the………………………day of……….
20….for your appearance in the above suit, has applied to this Court to be discharged from his obligation.
You are hereby summoned to appear in this Court in person on the…………………………...........day
of………………20……at……. A. M ., when the said application, will be heard and determined.
G IVEN under my hand and the seal of the Court, this……………day of…………20…..
Judge.

(O. 38, r. 4)
(Title)
To
...................
...................
W HEREAS ……………………., plaintiff in this suit, has made application to the Court that security be
taken for the appearance of…………………..., the defendant, to answer any judgment that may be passed
against him in the suit; and whereas the Court has called upon the defendant to furnish such security, or to
offer a sufficient deposit in lieu of security, which he has failed to do; it is ordered that the said
defendant……be committed to the civil prison until the decision of the suit; or, if judgment be
pronounced against him, until satisfaction of the decree.
G IVEN under my hand and the seal of the Court, this………….day of…………….20………
Judge.

(O. 38, r. 5)
(Title)
To
The Bailiff of the Court.
W HEREAS ……………….....has proved to the satisfaction of the Court that the defendant in the above
suit………..;
These are to command you to call upon the said defendant………………………………..on or before
the…………….day of………………….20………………..either to furnish security for the sum of rupees
……………to produce and place at the disposal of this Court when required……………………….……or
the value thereof, or such portion of the value as may be sufficient to satisfy any decree that may be passed
against him; or to appear and show cause why he should not furnish security; and you are further ordered
to attach the said……………..and keep the same under safe and secure custody until the further order of
the Court; and you are further commanded to return this warrant on or before the………………....day
of……. 20……. , with an endorsement certifying the date on which and the manner in which it has been
executed, or the reason why it has not been executed.
G IVEN under my hand and the seal of the Court, this………………..day of…………20……….
Judge.

(O. 38, r. 5)
(Title)
W HEREAS at the instance of………………………., the plaintiff in the above suit, …………………...
the defendant has been directed by the Court to furnish security in the sum of Rs……………………….to
produce and place at the disposal of the Court the property specified in the schedule hereunto annexed;
Therefore I……………...,have voluntarily become surety and do hereby bind myself, my heirs and
executors, to the said Court, that the said defendant shall produce and place at the disposal of the Court,
when required, the property specified in the said schedule, or the value of the same, or such portion
thereof may be sufficient to satisfy the decree; and in default of his so doing, I bind myself, my heirs and
executors, to pay to the said Court, at its order, the said sum of Rs…………………or such sum not
exceeding the said sum as the said Court may adjudge.
Schedule
Witness my hand at…………………..this…………..day of……………………..20………
(Signed.)
Witnesses.
1.
2.

(O. 38, r. 6)
(Title)
To
The Bailiff of the Court.
WHEREAS……………………, the plaintiff in this suit, has applied to the Court to call upon……..,
the defendant, to furnish security to fulfil any decree that may be passed against him in the suit, and
whereas the Court has called upon the said………………………….to furnish such security, which he has
failed to do; these are to command you to attach………….., the property of the said………., and keep the
same under safe and secure custody until the further order of the Court, and you are further commanded
to return this warrant on or before the…………..day of…………….20………………………………with
an endorsement certifying the date on which and the manner in which it has been executed, or the reason
why it has not been executed.
GIVEN under my hand and the seal of the Court, this……………….day of…………20………
Judge.

(O. 39, r. 1)
(Title)
Upon motion made unto this Court by……………Pleader of [or Counsel for] the plaintiff A. B., and
upon reading the petition of the said plaintiff in this matter filed [this day] [or the plaint filed in this suit on
the ………………………day of……………………, or the written statement of the said plaintiff filed on
the……………day of………..] and upon hearing the evidence of…………and………………...in support
thereof [if after notice and defendant not appearing : add, and also, the evidence of ……………………as to
service of notice of this motion upon the defendant C. D.]; This Court doth order that an injunction be awarded
to restrain the defendant C. D. his servants, agents and workmen, from pulling down, or suffering to be pulled
down, the house in the plaint in the said suit of the plaintiff mentioned [or in the written statement, or petition,
of the plaintiff and evidence at the hearing of this motion mentioned], being No. 9, Oilmongers Street,
Hindupur, in a Taluk of………... and from selling the materials where of the said house is composed, until
the hearing of this suit or until the further order of this Court.
Dated this………………….day of………….20…….
Judge.
[Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the
order may run thus:—]
………………to restrain the defendant…………….. and……………………..from parting without of
the custody of them or any of them or endorsing, assigning or negotiating the promissory note [or bill of
exchange] in question dated on or about the…………, etc., mentioned in the plaintiff’s plaint [or petition]
and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court.
[In Copyright cases]……………to restrain the defendant C.D., his servants, agents or workmen from
printing, publishing or vending a book, called……………………..or any part thereof, until the, etc.
[Where part only of a book is to be restrained]
.………….to restrain the defendant C.D., his servants, agents or workmen, from printing, publishing,
selling or otherwise disposing of such parts of the book in the plaint [or petition and evidence, etc.]
mentioned to have been published by the defendant as hereinafter specified, namely, that part of the said book
which is entitled………..and also that part which is entitled…………………….................[or which is
contained in page………..to page both inclusive] until ……………….., etc.
[In Patent cases]……………..to restrain the defendant C. D., his agents, servants and workmen, from
making or vending any perforated bricks [or as the case maybe] upon the principle of the inventions in
the plaintiff's plaint [or petition, etc., or written statement, etc.,] mentioned, belonging to the plaintiffs, or
either of them, during the remainder of the respective terms of the patents in the plaintiff's plaint [or as
the case may be] mentioned, and from counterfeiting, imitating or resembling the same inventions, or
either of them, or making any addition thereto, or subtraction therefrom, until the hearing, etc.
[In cases of Trade marks]……………to restrain the defendant C.D., his servants, agents or workmen,
from selling, or exposing for sale, or procuring to be sold, any composition or blacking [or as the case may be]
described as or purporting to be blacking manufactured by the plaintiff A.B., in bottles having affixed thereto
such labels as in the plaintiff’s plaint [or petition, etc.] mentioned, or any other labels so contrived or expressed
as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be
the same as the composition or blacking manufactured and sold by the plaintiff A.B., and from using trade- cards
so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the
defendant is the same as the composition or blacking manufactured or sold by the plaintiff A. B. until the etc.
[To restrain a partner from in any way interfering in the business.]
to restrain the defendant C.D., his agents, and servants, from entering into any contract, and from
accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the
partnership-firm of B. and D., and from contracting any debt, buying and selling any goods, and from making or
entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done,
any act, in the name or on the credit of the said partnership-firm of B. and D., or whereby the said partnership-
firm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the
performance of any contract, promise or undertaking until the, etc.

A PPOINTMENT OF A RECEIVER
(O . 40, r. 1.)
(Title)
To
...................
...................
W HEREAS ……………….has been attached in execution of a decree passed in the above suit on the...........
day of…………….20…….., in favour of……….; You are hereby (subject to your giving security
to the satisfaction of the Court) appointed receiver of the said property under Order XL of the Code of Civil
Procedure, 1908, with full powers under the provisions of that Order.
You are required to render a due and proper account of your receipts and disbursements in respect of
the said property on............You will be entitled to remuneration at the rate of…………………per cent.
upon your receipts under the authority of this appointment.
G IVEN under my hand and the seal of the Court, this…………..day of……….20
Judge.

B OND TO BE GIVEN BY RECEIVER
(O. 40, r. 3.)
(Title)
K NOW all men by these presents, that we,……… and……………..and………………., are jointly and
severally bound to…………..of the Court of………in Rs……………..to be paid to the said………or
his successor in office for the time being. For which payment to be made we bind ourselves, and each of us, in
the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.
Dated this…………..day of……………20………..
W HEREAS a plaint has been filed in this Court by……….against……………for the purpose of [here
insert the object of suit]:
1. The number of the Form, originally misprinted as 6, was corrected by Act 10 of 1914, s. 2 and the First Sch.
2. The number of the Form, originally misprinted as 7, was corrected by Act 10 of 1914, s. 2 and the First Sch.
And whereas the said……………….has been appointed, by order of the above-mentioned Court, to
receive the rents and profits of the immovable property and to get in the outstanding movable property
of……………..in the said plaint named:
Now the condition of this obligation is such, that if the above-bounden………shall duly account for
all and every the sum and sums of money which he shall so receive on account of the rents and profits of
the immovable property, and in respect of the movable property, of the said….......at such periods as the
said Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be
due from him as the said Court hath directed or shall hereafter direct, then this obligation shall be void,
otherwise in shall remain in the full force.
Signed and delivered by the above-bounden in the presence of……………………
NOTE.—If deposit of money is made, the memorandum thereof should follow the terms of the
condition of the bond.