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Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980

Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980

Raw JSON API

Sections

1. Short title:

Section 1

2. Definitions:

Section 2

3. Sitting of Courts:

Section 3

4. Judicial work on Sunday:

Section 4

5. Forms:

Section 5

6. Reckoning of prescribed day:

Section 6

7. Service of notice:

Section 7
CHAPTER II

CHAPTER II

Section 8

8. Form of plaints, etc.:

Section 8

9. Cause-title of plaint etc.:

Section 9

10. Names etc. of parties:

Section 10

11. Address for Service:

Section 11

12. Suits by or against numerous parties:

Section 12

13. When application is made by defendant:

Section 13

14. Proceedings in respect of immovable property:

Section 14

15. Leave to sue:

Section 15

16. List of documents filed along with the plaint:

Section 16

17. Form prescribed for list filed under Order XIII, Rule 1:

Section 1

20. Presentation of proceedings:

Section 20

21. Date of pleadings:

Section 21

22. Procedure on presentation:

Section 22

23. Registration of plaint:

Section 23

24. Documents or proceedings not to be sent by post or telegraph:

Section 24

25. Connected pleadings:

Section 25

26. Signature of the party on the pleadings:

Section 26

27. Adding plaintiff or next friend:

Section 27

28. Amendment in pleadings:

Section 28

29. Legal Representatives on record:

Section 29
CHAPTER III

CHAPTER III

Section 29

30. Form of Vakalat:

Section 30

31. Appointment of Advocate:

Section 31

32. Party appearing by Agent:

Section 32

33. Signing or verification by Agent:

Section 33
CHAPTER IV

CHAPTER IV

Section 34

34. Interpretation of words:

Section 34

35. Form:

Section 35

36. Description of deponent:

Section 36

37. Title of affidavits:

Section 37

38. Before Whom may be sworn:

Section 38

39. Statement of Officer before whom affidavit is sworn:

Section 39

40. Interlineations, alterations, etc.:

Section 40

41. Deponent to be identified:

Section 41

42. Identification of a Purdahnashin woman deponent:

Section 42

43. Blind or illiterate deponent:

Section 43

44. Filing:

Section 44

45. Notice of filing:

Section 45

46. Affidavits not to be filed without proper endorsement:

Section 46

47. Description of the person or place:

Section 47

48. Affidavit on information and belief:

Section 48

49. Affidavit stating matter of opinion:

Section 49

50. Striking out scandalous matter:

Section 50

51. Documents referred to in affidavit:

Section 51

52. Cross-examination on affidavit:

Section 52
CHAPTER V

CHAPTER V

Section 54

53. Form of Interlocutory Application:

Section 53

54. Contents of:

Section 54

55. Separate Application for each distinct prayer:

Section 55

56. May be rejected if substantive order is not asked for:

Section 56

57. Out of order petition:

Section 57

58. Service of notice:

Section 58

59. Copies to opposite party:

Section 59

60. Proof of facts by affidavit:

Section 60

61. Original Petitions should state Act or Authority under which it is presented:

Section 61

62. Applications under Sections 340, 341 and 343 of the Code of Criminal Procedure:

Section 62

65. Registering suits received by transfer:

Section 65
CHAPTER VI

CHAPTER VI

Section 66

66. Preparation and publication of Special list:

Section 66

67. Cause-List:

Section 67

68. Cases ready to be posted according to their order:

Section 68
CHAPTER VII

CHAPTER VII - Processes

Section 70

69. Issue of Summons or Notice:

Section 69

70. Parties to file process forms duly filled up:

Section 70

71. Contents of Process:

Section 71

72. Language of Process:

Section 72

73. Payment of Process Fee:

Section 73

74. Process sent to or received from other Courts:

Section 74

75. Process to other Courts:

Section 75

76. Address for service:

Section 76

77. Method of service:

Section 77

78. Return of service:

Section 78

79. Verification of return:

Section 79

80. Particulars on return of service:

Section 80

81. Service by Affixture:

Section 81

82. Notice where summons is affixed to outer door:

Section 82

83. Summons to Public Officers:

Section 83

84. Summons to Soldiers:

Section 84

85. Process to Member of Parliament:

Section 85

86. Letter of Request:

Section 86

87. Process for Service by Foreign Courts:

Section 87

88. Deposit of Expenses:

Section 88

92. Process of other countries:

Section 92
CHAPTER VIII

CHAPTER VIII

Section 92

93. Summonses to witnesses:

Section 93

94. Classes of Witnesses:

Section 94

95. Numbering of witnesses:

Section 95

96. Witness given up:

Section 96

97. Allowances of Public Officers:

Section 97

98. Certificate of Attendance:

Section 98

99. Remuneration to Expert or Scientific Witnesses:

Section 99

100. Expert evidence:

Section 100
CHAPTER IX

CHAPTER IX

Section 101

101. Application for directions:

Section 101

102. Production of documents:

Section 102

103. Examination of parties etc.:

Section 103

104. Interrogatories:

Section 104

105. Application of provisions:

Section 105

106. Framing of Issues:

Section 106

107. Form of Issues:

Section 107

108. Adjournment to be to a day certain:

Section 108

109. Notice of adjournment:

Section 109

110. Costs of adjournment:

Section 110

111. Proceedings not to be adjourned sine die or struck off the file:

Section 111

112. Adjournment in consequence of application for commission:

Section 112

113. Evidence:

Section 113

114. Translation of Evidence:

Section 114

115. Marking of Exhibits:

Section 115

116. B - Diary and Judge's Note:

Section 116
CHAPTER X

CHAPTER X

Section 118

117. Inspection of documents by party:

Section 117

118. Inspection of documents by Strangers:

Section 118

119. Notice of application for inspection:

Section 119

120. Consent to inspect or obtain copy:

Section 120

121. Inspection and fees for same:

Section 121

122. Extracts not to be taken:

Section 122

123. Search Fee:

Section 123

124. Inspection of exhibits:

Section 124

125. Furnishing of copies to other party:

Section 125

126. Name and address for service to be endorsed on copy:

Section 126

127. Refusal or neglect to furnish copy:

Section 127

128. Production of records in the custody of a Court:

Section 128

129. Production of records in the custody of a Public Officer other than a Court:

Section 129

131. Return of documents:

Section 131

132. Return of Original documents:

Section 132

133. Deposit for postage:

Section 133
CHAPTER XI

CHAPTER XI

Section 135

134. Application for commission:

Section 134

135. Commissioner's fees:

Section 135

136. Return of Commission:

Section 136

137. Appointment to audit:

Section 137

138. Declaration by Court:

Section 138

139. Report of Commissioner:

Section 139

140. Consideration by Court:

Section 140

141. Fees for execution of Foreign Commissions:

Section 141
CHAPTER XII

CHAPTER XII

Section 144

142. Time for delivery of judgment:

Section 142

143. Form of judgment:

Section 143

144. Form of Decree and Time for preparation:

Section 144

145. Statement of Registration District in Decree or an Order in a claim petition as to immovable property:

Section 145

146. Form of particulars of claim:

Section 146

147. Specification of periodical payments:

Section 147

148. Form of decree when application is under Order XXI Rule 11:

Section 11

149. Decree or Order for cancellation of Registered Instrument:

Section 149

150. Setting aside ex parte decree where money or property recovered under same:

Section 150

151. Appellate decree reversing lower Court decree where money or property is recovered:

Section 151

152. Several appeals against same decree:

Section 152

153. Reference to High Court:

Section 153

154. Production of certificate of receipt of fee except in certain cases:

Section 154

155. Statement of costs:

Section 155

156. Costs when set-off allowed:

Section 156

158. Notice of application for leave to withdraw:

Section 158

159. Order on application for leave to withdraw:

Section 159

160. Direction as to taking accounts:

Section 160

161. Form of statement of account:

Section 161

162. Inspection by parties:

Section 162

163. Passing of accounts by Court:

Section 163

164. Extension of time to file statement of account:

Section 164

165. Periodical filing:

Section 165
CHAPTER XIII

CHAPTER XIII

Section 168

166. Memo of Appeal:

Section 166

167. Appeals against orders:

Section 167

168. Transmission of records:

Section 168

169. Costs to be stated:

Section 169

170. Appeals against Interlocutory Order:

Section 170

171. Judgment in Appeal:

Section 171
CHAPTER XIV

CHAPTER XIV

Section 175

172. Plaint or original petition on behalf of minor:

Section 172

173. Appointment of guardian ad-litem:

Section 173

174. Placing guardian in funds:

Section 174

175. Parties:

Section 175

176. Inspection of books of account by parties:

Section 176

177. Impeachment of settled account:

Section 177

178. Interim decree where partnership and books admitted:

Section 178

179. Matters to be determined at hearing:

Section 179

180. Court to give directions as to taking accounts:

Section 180

181. Errors in a settled account:

Section 181

182. Commission to take account:

Section 182

183. Order for discharge of debts and liabilities:

Section 183

184. Distribution of assets where they exceed the liabilities:

Section 184

185. Procedure where liabilities exceed the assets or where parties do not consent to a distribution of assets:

Section 185

186. Appointment of Receiver on default of party:

Section 186

187. Form of orders:

Section 187
CHAPTER XV

CHAPTER XV

Section 192

190. Application for certified copy:

Section 190

192. Copies of Proceedings of High Court:

Section 192

193. Notice as to stamp papers:

Section 193

194. When stamp papers not available:

Section 194

196. Pasting of list of copies:

Section 196

197. Disposal of incomplete copies and unused stamp papers:

Section 197

198. Delivery by post:

Section 198

199. Sealing and certificate:

Section 199

200. Endorsements as to dates:

Section 200

201. Copy applications struck off:

Section 201

202. Drafting of formal orders:

Section 202

203. Copying Charges:

Section 203

204. Costs of typing or copying:

Section 204
CHAPTER XVI

CHAPTER XVI

Section 206

205. Rules applicable to all proceedings in execution:

Section 205

206. Transmission of decree for execution:

Section 206

207. When sent to District Court of another District:

Section 207

208. Return of decree to the Transmitting Court:

Section 208

209. Application for execution:

Section 209

210. Certified copy of decree to be filed:

Section 210

211. Non-compliance with Rules:

Section 211

212. Procedure on and after hearing of petition:

Section 212

213. Determination of question arising in execution of Decree:

Section 213

214. Order to appoint a day for sale:

Section 214

215. Joint decree-holders:

Section 215

216. Oral application for relief:

Section 216

217. Application in pending petition:

Section 217

218. Application of Rules:

Section 218

219. Procedure in case of execution of documents by Court:

Section 219

220. Decree-holder to bring into Court the draft and fees for service of notice:

Section 220

221. Form of deed and of endorsement of negotiable instruments:

Section 221

222. Amount realised in execution to be paid into Court:

Section 222

223. Application to certify payment or adjustment:

Section 223

224. Payment into Court in satisfaction of Decree:

Section 224

225. Lodgment schedule to be brought in:

Section 225

226. Delivery to bank or treasury officer [**] :

Section 226

227. When Bank or Treasury is closed:

Section 227

228. Receipt:

Section 228

229. Transmission of money payable in satisfaction of decree:

Section 229

230. Payment by way of crossed cheques:

Section 230

231. Application for payment out in other cases:

Section 231

233. Payment schedule to be brought in:

Section 233

234. Presentation of Order:

Section 234

235. Receipt by payee:

Section 235

236. Order not to issue after 25th of the month except in cases of urgency:

Section 236

237. Rules as to delivery of securities, jewellery or other valuables, into and out of Court:

Section 237

238. Cases where payment may be made in cash to Officer of Court:

Section 238

1. Service of summons in respect of which the fees cannot be paid in stamps.

Section 1

2. Allowances to witnesses.

Section 2

3. Commission Fees.

Section 3

4. Money-Order commission for transmission of Commissioner's fees.

Section 4

5. Judgment-debtor's subsistence moneys.

Section 5

6. Tom-Tom charges.

Section 6

7. Charges for the conveyance of attached property and for feeding attached cattle.

Section 7

8. Postage and other charges for calling for records for reference, or for transmission of decrees to other Courts for execution.

Section 8

9. Moneys representing the values of non-judicial stamps for sale certificates when the amount does not exceed Rs. 5/-; and

Section 9

10. Safe custody charges payable under Rule 237:

Section 237

239. Presentation of receipt:

Section 239

240. Repayment:

Section 240

244. Decree not to be sold in execution of another decree:

Section 244

245. Attachment of decree by several decree holders:

Section 245

246. Claim to attached property:

Section 246

247. Procedure when application admitted:

Section 247

248. Hearing of application:

Section 248

250. Realisation of attached debts by the appointment of Receiver:

Section 250

251. Realisation of property attached by seizure:

Section 251

252. Attachment of movables property:

Section 252

253. Cash, Jewels etc.:

Section 253

254. Custody of fire-arms, etc.:

Section 254

255. Payment of charges:

Section 255

256. Curator:

Section 256

257. Remuneration:

Section 257

258. Application for sale of attached property:

Section 258

259. Affidavits and in the case of immovable property certificates to be filed by the applicant:

Section 259

260. Order for sale:

Section 260

261. Date and place for sale:

Section 261

262. Sale of livestock etc.:

Section 262

263. When movable property is in custody of Nazir or Curator:

Section 263

264. Sale by public auction:

Section 264

265. Applicability of general rules about sale of property infra:

Section 265

267. Articles of petty value:

Section 267

268. Charges of custody:

Section 268

269. Application by the surety for discharge of sale:

Section 269

270. Disallowing custody charges:

Section 270

271. Conduct of sale under order of Court:

Section 271

272. Manner of conducting sale by public auction:

Section 272

273. Search of encumbrances:

Section 273

274. Matter to be determined by Court:

Section 274

275. Appointment of person to sell:

Section 275

276. Proclamation of sale:

Section 276

277. Leave to bid:

Section 277

278. Conduct of sale:

Section 278

279. Application to set aside sale:

Section 279

280. Costs:

Section 280

281. Refund of Poundage:

Section 281

282. Sale Certificate:

Section 282

283. Default by applicant:

Section 283

284. Acceptance of Guarantee Societies as Sureties

Section 284
CHAPTER XVII

CHAPTER XVII

Section 291

286. Panel of suitable persons to be maintained for appointment as Receivers:

Section 286

287. Security to be furnished by the persons included in the panel of Receivers:

Section 287

288. Filing of Accounts by Receiver:

Section 288

289. Manner of filing Accounts:

Section 289

290. Receiver to file an affidavit:

Section 290

291. Books to be maintained by Receiver:

Section 291

292. Receiver to open account in a Scheduled Bank:

Section 292

293. Procedure to adopt in case of failure of duties by the Receiver:

Section 293
CHAPTER XVIII

CHAPTER XVIII

Section 300

294. Presentation of and particulars to be stated in Caveat:

Section 294

295. Examination and Registration of Caveat and its requirements:

Section 295

296. Notice to issue by Caveator:

Section 296

297. Copy of plaint, application or proceeding to be served on Caveator before filing:

Section 297

298. Withdrawal of Caveat:

Section 298
CHAPTER XIX

CHAPTER XIX

Section 306

299. Panel of Advocates willing to appear to be maintained:

Section 299

300. Contents of Panel:

Section 300

301. Assignment of Advocate by Court:

Section 301

302. Time to be allowed to the Advocate assigned for preparation:

Section 302

303. Fee payable to Advocate assigned:

Section 303

304. Order to contain Advocate's fee and Costs:

Section 304

305. Advocate engaged to prepare diary:

Section 305

306. District Judge to be the Controlling Officer for payment and audit of fees of Advocates engaged:

Section 306

307. Procedure for directing parties to opt for alternative Modes of settlement:

Section 307

308. Persons authorized to take decision for the Union of India, State Governments and others:

Section 308

309. Court to give guidance to parties while giving direction to opt:

Section 309

310. Procedure for reference by the court to the difference modes of settlement:

Section 310

311. Referral to the Court and appearance before the Court upon failure of attempts to settle disputes by conciliation or judicial settlement or mediation:

Section 311

312. Training in alternative methods of resolution of disputes, and preparation of manual:—

Section 312

313. Applicability to other proceedings:

Section 313

314. Appointment of mediator:

Section 314

315. Panel of Mediators:

Section 315

316. Qualifications of persons to be empanelled under Rule 315:

Section 315

317. Disqualifications of persons:

Section 317

318. Venue for conducting mediation:

Section 318

319. Preference:

Section 319

320. Duty of mediator to disclose certain facts:

Section 320

321. Cancellation of appointment:

Section 321

322. Removal or deletion from panel:

Section 322

323. Procedure of mediation:

Section 323

324. Mediator not bound by Evidence Act, 1872 or Code of Civil Procedure, 1908:

Section 324

325. Non-attendance of parties at session or meetings on due dates:

Section 325

326. Administrative assistance:

Section 326

327. Offer of settlement by parties:

Section 327

328. Role of mediator:

Section 328

329. Parties alone responsible for taking decision:

Section 329

330. Time limit for completion of mediation:

Section 330

331. Parties to act in good faith:

Section 331

332. Confidentiality disclosure and inadmissibility of information:

Section 332

333. Privacy:

Section 333

334. Immunity:

Section 334

335. Communication between mediator and the Court:

Section 335

336. Settlement Agreement:

Section 336

337. Court to fix a date for recording settlement and passing decree:

Section 337

338. Fee of mediator and costs:

Section 338

339. Ethics to be followed by mediator:

Section 339

340. Transitory provisions:

Section 340

1. Ramaswamy Chetty

Section 1

2. T. Sivaswamy Chetty

Section 2

1. Insert as in paragraph 1 of Form No. 5

Section 1

2. Set out facts relied on in numbered paragraphs.

Section 2

3. Insert as in paragraph 4 of Form No. 5

Section 3

4. It is not intended to serve any person with notice of this petition.

Section 4

5. The petitioners pray that—

Section 5

1. Serial number of item of immovable property.

Section 1

2. Registration district and sub-district.

Section 2

3. Taluk and Village where the property is situate.

Section 3

4. Survey number and sub-division number.

Section 4

5. Extent.

Section 5

6. Class of land, wet or dry..

Section 6

7. Rental value of the land.

Section 7

8. Present market value.

Section 8

9. Value for purpose of court fee and jurisdiction with the provision of law under which it is valued.

Section 9

10. Remarks.

Section 10

1. Creditor to administer estate:

Section 1

2. Legatees to administer estate:

Section 2

3. Partnership:

Section 3

4. By Mortgage:

Section 4

5. By Mortgagor:

Section 5

6. Raising Portions:

Section 6

7. Execution of Trusts:

Section 7

8. Cancellation or Rectification:

Section 8

9. Specific Performance:

Section 9

3. That with the consent of the several parties hereto, the partnership assets be distributed among the several partners at the value and in the manner set forth in Schedule II hereto, and that they do accept the properties set out under their respective names in full satisfaction of their respective shares and interest of and in the said partnership.

Section 3

4. That the several persons mentioned in column 4 of Schedule II do respectively transfer and deliver to the several persons under whose names the descriptions of the several properties are set out in Parts I to IV of the said Schedule, possession of the said properties, or of the same from part of their own share, do retain the same in their possession.

Section 4

5. That the sum of Rs............ now in Court be paid to the several persons in column 2 of Schedule III hereto, for the purposes and in the proportions specified in columns 3 and 4 of the said Schedule.

Section 5

1. The interest of the said C.D. in the immovable property described in the schedule hereto may be attached under Order XXI, Rule 54 of the Code of Civil Procedure, and may be sold by the Court and that summons may issue to the said C.D. to bring into Court all documents in his possession or power relating there; or

Section 54

2. That the plaintiff may be at liberty to bid at such sale, at such price as may be fixed by the Court.

Section 2

3. That notice may be issued to the persons named in column 10 hereof to show cause why the said decree should not be executed against them in manner aforesaid, [as the legal representatives of C.D. the defendant above named, who died on the............ day of.............. in respect of above mentioned property, being assets of the said deceased in their hands].

Section 3

1. Cash in satisfaction of the said decree.

Section 1

2. Costs.

Section 2

3. Interest on the decreed amount to this day.

Section 3

1. Cash proceeds of sale under the said order

Section 1

1. Note No.

Section 1

2. Note No.

Section 2

3. Balance of cash in his hands

Section 3

1. The property is sold under the conditions prescribed by the Code of Civil Procedure.

Section 1

2. The decree-holders are (or are not) at liberty to bid.

Section 2

3. The amount to be advanced at each bidding shall be stated by the auctioneer before the sale is commenced.

Section 3

4. In the event of any dispute arising as to any bidding the lot shall at once be put up again to auction.

Section 4

5. Each purchaser shall pay the price of the lot purchased by him to the auctioneer, immediately the same is knocked down to him.

Section 5

6. No objection shall be taken by any purchaser that the property, or the interest of the defendant therein, has been incorrectly described or mis-stated in this proclamation, or on the ground of any defect herein.

Section 6

1. Fixing copy to the notice board of this Court.

Section 1

1. By sale of lot No. 1 - Deposit Balance

Section 1

1. Printing proclamation

Section 1

2. By sale of lot No. 2 - Deposit Balance

Section 2

2. Cost of advertisements in newspaper

Section 2

3. By cash received from the Court for expenses

Section 3