Sindh High Court Rules (O.S.)

THE SINDH HIGH COURT

ORIGINAL SIDE RULES

2012

CONTENTS

(ON THE ORIGINAL SIDE)

PART I

G E N E R A L

CHAPTER I

Preliminary
  1. Short title1

1-A Commencement1

  1. Interpretation1
  2. Reckoning of time3
  3. Service of notice3
  4. Use of forms in appendices3
  5. Alteration, etc. of rules in First Schedule to the Code3

CHAPTER II

Exercise of original Civil Jurisdiction

  1. Holding of Court on Original Side4
  2. Jurisdiction to be exercised by a Judge4
  3. Reference to two or more Judges4
  4. Distribution of business4
  5. Disposal of miscellaneous matters4
  6. Definition of miscellaneous matters4
  7. Disposal of applications by Additional Registrar

(O.S.)6

  1. Appeal from the Additional Registrar to a Judge10
  1. Date to be fixed for hearing reference in Court10
  2. Costs of proceedings before Additional Registrar

(O.S.)11

  1. Additional Registrar (A.S.) to dispose of business

in absence of Additional Registrar (O.S.)11

  1. Disposal of applications by the Deputy Registrar11

CHAPTER III

The Original Side Office

Dates and Cause-lists

  1. Additional Registrar (O.S.) to fix dates on every

Saturday12

  1. Day for short causes12
  2. What are short causes?12
  3. Transfer of short causes to long causes13
  4. Days for execution proceedings, etc13
  5. Fixing of dates for final disposal13
  6. Cases to be brought to trial in order of their age14
  7. Cause List15
  8. General Cause List Book16
  9. Sealing of summons, order, etc16
  10. Duties of Assistant Registrar16
  11. Registers17
  12. Arrangement of record in pending matters17
  13. Contents of each file17
  14. Binding and title page19
  15. One file in miscellaneous applications19
  16. Diaries19
  17. Order sheet19
  18. Removal of record from Court-house20

PART II

PROCEDURE ON THE ORIGINAL SIDE

CHAPTER IV

General Practice and Procedure

Form of Proceedings

  1. Proceedings how written20
  2. Names etc., parties20
  3. Authority to be stated21
  4. Draftsman‘s endorsement21
  5. Particulars to be stated in address for service21
  6. Initialing alteration, etc21
  7. Form of Vakalatnama22
  8. Execution and attestation of Vakalatnama22
  9. Endorsement on VakaIatnama22
  10. Notice of change of advocate22
  11. Notice of discharge to a client22
  12. Advocate-General and Government Advocates

not to file Vakalatnama23

Affidavits and Oath Commissioners

  1. Appointment of Oath Commissioners23
  2. Ex-officio Commissioners23
  3. Fees23
  4. Register23
  5. Title24
  6. Form24
  7. Deponent’s description24
  8. Endorsement should state on whose behalf filed24
  9. Source of information to be disclosed25
  10. Affidavit stating matter of opinion25
  11. Scandalous matters25
  12. Alterations and interlineations25
  13. Affidavit how taken outside Court House26
  14. Reading of contents of affidavit to deponent26
  15. Endorsement of the Commissioner27
  16. Identification of deponent27
  17. Pardanashin woman27
  18. Every exhibit to be initialed and dated27
  19. Form of certificates27
  20. What affidavit shall not be used in evidence27
  21. Use of defective affidavit27
  22. Special time for filing affidavit28
  23. Proof on affidavits28
  24. Interpretation28

Introductory Proceedings

  1. Form28
  2. Contents thereof29
  3. Counter-Affidavits, etc.29
  4. Procedure in applying for interim relief30

Receivers

  1. Application for appointment of receiver to be

by petition supported by affidavit30

  1. Form of order of appointment30
  2. Register of receivers30
  3. Receiver other than Official Receiver

to give security30

  1. Surety may point out omission or neglect of

duty cast on receiver31

  1. Notice to surety of application affecting

surety’s risk31

  1. Powers of a receiver31
  2. Receiver’s remuneration31
  3. Establishment and costs thereof to be

detailed in the appointment order 31

  1. No charge for additional establishment allowed32
  2. Receiver to file half-yearly accounts32
  3. Account to show balance in hand and how

much may be paid into Court etc., to be

filed with affidavit. Form of affidavit32

  1. Examining and vouching of accounts by officers32
  2. Appointment for passing accounts -

Notice thereof33

  1. Objections to report to be filed33
  2. Passing of accounts by Court33
  3. Procedure as to hearing of objections33
  4. Auditing of difficult and complicated accounts33
  5. Order as to payment of balance33
  6. Consequence of receiver’s negligence to file

accounts or pay the balance, etc33

  1. Consequence of default by receiver34
  2. Rule 87 applicable to manager or guardian34
  3. Interim receiver34

Security Procedure

  1. Security Summons34
  2. Production to title deeds, affidavit of justification

examination35

  1. Contents of affidavit of justification35
  2. More than two sureties irregular36
  3. Property in respect of which a surety may justify36
  4. Who are not competent sureties?36
  5. Who may be present at the examination?36
  6. Reference to Court36
  7. Security for costs36
  8. Custody of securities and security bonds36

Miscellaneous

  1. Urgent motions37
  2. Oral motions37
  3. Urgent matters37
  4. Only one advocate to be heard for a party37
  5. Notice of proceedings to Advocate-General37

CHAPTER V

Institution of Proceedings

  1. Appearance by agent38
  2. Leave to verify38
  3. Suit against corporation or a firm38
  4. Copies to be filed of applications etc.39
  5. List of presumptive legal heirs to be filed.39
  6. Presentation of proceedings on Original Side39
  7. Examination of proceedings40
  8. Admission of plaints40
  9. Plaint liable to be rejected to be submitted

to Judge hearing miscellaneous matters40

  1. Admission or rejection of execution application40
  2. Notice to the other party41
  3. Registration of proceedings admitted41
  4. Procedure for return of plaint41
  5. Ex-parte amendments41
  6. Amendments how to be made41
  7. Attestation of amendment42

CHAPTER VI

Processes

  1. Time for payment of process fee and

consequence of non-payment42

  1. Restoration42
  2. Fresh plaint42
  3. Parties or their advocates may file processes

duly filed up42

  1. When process fee not to be levied43
  2. Full address to be given to person on whom

process to be served43

  1. Process for service on persons of rank

and gazetted officers43

  1. Summons for final disposal and settlement

of issues44

  1. Returnable date of summons44
  2. Processes to be served or executed within

Jurisdiction to be addressed to Head Bailiff44

  1. Endorsement on process for service outside

jurisdiction44

  1. Process to be served without identification

by party44

  1. Endorsement of identifier on the original process45
  2. Procedure where defendant refuses to

accept service or cannot be found45

  1. Return of service45
  2. Service by affixing to outer door46
  3. Notice where summons is affixed to outer door46
  4. Inquiry as to sufficiency of service46
  5. Fresh process not to issue until previous

one returned47

  1. Acts of Additional Registrar (O.S.) to be

effectual as acts of Court47

CHAPTER VII

Suits by or against Minors and Persons of Unsound Mind

  1. Admission of next friend to bring a suit,

Order not necessary47

  1. Next friend to file address for service47
  2. List of all likely guardians ad litem to be filed48
  3. Address for service of guardian at litem 48
  4. Duty of the Officer of the Court appointed

guardian ad litem48

  1. Application of Rules 154 to 158 to persons of

unsound mind and to appeals and applications48

CHAPTER VIII

Appearance by Defendant - Written Statement - Counter Claim

  1. Hearing of applications49
  2. In default of appearance of defendant suit to

be posted on short cause day49

  1. Procedure when defendant appears49
  2. Ordinarily one extension allowed for filing W.S.49
  3. Procedure where no written statement filed

by any defendant50

  1. Procedure if written statement; not filed by

some of the defendants50

  1. Service of copies of written statement

and list of documents on the other side50

  1. Court may disallow set-off51
  2. Counter claim, by defendant51
  3. Counter claim51
  4. Reply to counter claim51
  5. Excluding counter claim51
  6. Proceeding with counter claim where action

stayed51

  1. O. XX, R. 19 to apply to decree in such suits52

CHAPTER IX

Third Party Procedure

  1. Third party notice52
  2. Effect of notice52
  3. Appearance of third party - defaultof52
  4. Procedure on default before trial53
  5. Third party directions53
  6. At trial 54
  7. Costs 54
  8. Fourth and subsequent parties54
  9. Defendant claiming against co-defendant55

CHAPTER X

Summary Suits

  1. Written statement55
  2. On default by defendant suit to be set down

forthwith56

  1. Ex-parte decree may be set aside on application56
  2. Judgment for part of claim56
  3. Leave to defend56

CHAPTER XI

Commercial Suits

  1. What are commercial causes?57
  2. Plaint in such suits to be marked

“commercial suits”57

  1. Setting down of Commercial suits57
  2. Decision of Commercial Judge may by consent

be final57

CHAPTER XII

Alternate Dispute Resolution

  1. Definition58
  2. Reference by Courts58
  3. Reference by Parties59
  4. Qualification of persons/organizations for

appointment as mediator / conciliator 60

  1. Panel of mediators / conciliators61
  2. Duty of mediator/conciliator to disclose certain

facts61

  1. Cancellation of appointment61
  2. Procedure of Mediation62
  3. Mediator/conciliator not bound by Qanun-e-

Shahadat Order1984 orCode of Civil Procedure,

190862

  1. Non-attendance of parties at sessions or

meetings on due dates63

  1. Administrative Assistance63
  2. Offer of settlement by parties63
  3. Role of Mediator/Conciliator64
  4. Representation of Parties64
  5. Confidentiality, disclosure andin-admissibility

of information64

  1. Privacy65
  2. Immunity64
  3. Communication between mediator/conciliator and the Court 65
  4. Settlement / Agreement66
  5. Court to fix a date for recording settlementand passing decree 67
  6. Fee of Mediator / Conciliator and cost67
  7. Ethics to be followed by the Mediator/Conciliator68

CHAPTER XIII

Directions

  1. Setting down for directions71
  2. Any party may apply for directions at the hearing71
  3. Subsequent application must be by petition to

Court71

  1. Costs of subsequent application71
  2. Appeal from Additional Registrar to a Judge72
Discovery
  1. Agent may make affidavit of documents when

none of the parties reside in Karachi72

  1. Procedure where the affidavit is required to

be made by the absent parties72

Issues

  1. Date for settlement of issues by Court72

CHAPTER XIV

Commissions

COMMISSIONS FOR EXAMINATION OF WITNESSES

  1. Parties to notify commission73
  2. Commission on interrogatories73
  3. Commission for viva voce examination74
  4. Final hearing may be fixed after return of

commission74

  1. Preparation etc., of commission74
  2. Commission to be executed by the listed

Commissioner74

  1. Procedure in examination of witnesses74
  2. Deposition to be read over to and signed by

the witness75

  1. Notice of filing of report and filing objection

thereto75

  1. Examination de bene esse75

COMMISSIONS FOR TAKING ACCOUNTS, LOCAL

INVESTAGATION AND PARTITION OF IMMOVEABLE PROPERTY

  1. Commissioner to execute Commissions for

accounts etc.76

  1. Additional Registrar, (O.S.) to send

necessary proceedings to Commissioner76

  1. Commission for taking accounts how executed76
  2. Commission for local investigations77
  3. Commission to make partition of immoveable

property78

General Provisions as to Commission

  1. Deposit of commission fees78
  2. Powers of Commission79
  3. Return of commission79

CHAPTER XV

WITNESSES

  1. Summons to witnesses80
  2. Summoning public officers as witnesses80
  3. Summoning Finger Print expert81
  4. Payment of expenses to witnesses who are

public officers81

  1. Payment of expenses to other witnesses and

issue of certificate to Railway servants82

  1. Re-attendance of witnesses on adjourned

hearing82

PRODUCTION OF PUBLIC DOCUMENTS

  1. Production of public documents82
  2. Return of original public record after its

production in evidence83

  1. Power of Courts to summon public records

suo motu83

CHAPTER XVI

ADJOURNMENTS

  1. Adjournments to be to a day certain83
  2. Adjournment granted only on good cause83
  3. Costs of adjournment84
  4. Notice of antedating of hearing84
  5. Advocate’s application for postponement of

his cases84

CHAPTER XVII

ORIGINATING SUMMONS

  1. Who may take out originating summons and

in respect of what matters85

  1. Order for administration of estate or of the trust86
  2. Persons to be served with summons86
  3. Vendor or purchaser may take out summons87
  4. Persons to be served with such summons87
  1. Mortgagee or mortgagor may take out such

summons87

  1. When may a partner take out such summons87
  2. Persons interested under will, etc., may take

out such summons88

  1. Court not bound to determine question of

construction88

  1. Persons to be served with such summons88
  2. Service on other person by direction88
  3. Plaint and document alone to be filed88
  4. O.S. plaint how to be marked89
  5. Service of originating summons89
  6. Returnable date of originating summons89
  7. Entry of appearance89
  8. When may be supported by evidence89
  9. What may be done on bearing originating

summons89

  1. Costs in originating summons90
  2. Order made on originating summons to be

drawn up as decree of Court90

  1. Direction as to carriage or execution of decree90
  2. Subsequent summons about same estate90
  1. O.II, R.2 of the Code not to apply to plaints

filed in support of originating summons90

  1. When costs of originating summons shall be

allowed in a suit91

CHAPTER XVIII

PROCEEDINGS AT THE HEARING OF SUITS, AND UP TO AND INCLUSIVE OF DECREES

  1. Evidence, how taken91
  2. Any particular question and answer may be

taken down91

  1. Question objected to and allowed by Court91
  2. Remarks on demeanour of witnesses91
  3. Assistant Registrar to bring to Judge’s notice

erasures, etc., and documents tendered in

evidence91

  1. Exhibits how marked92
  2. Numbering lines of depositions, etc.92
  3. Proceedings in another suit, how put in evidence92
  4. Witnesses not to be present in Court during

hearing of the suit92

  1. Exhibits to be officially translated92
  2. No compromise without leave of Court in

pauper suits92

  1. Judgment how delivered92
  2. Written judgment of two or more Judges how

pronounced93

  1. Payment of costs a condition precedent in

order for withdrawal93

  1. Setting of draft of decree93
  2. Directions under rule 288(3) and (4) liable to be

referred to Court94

  1. Date of signing decree to be also endorsed94
  2. Copies of decrees to Revenue authorities94
  3. Errors how rectified after decree sealed94

CHAPTER XIX

TAXATION OF COSTS

  1. What bills of costs are to be taxed by the

Deputy Registrar?95

  1. Time for filing bill of costs95
  2. Receipt and advocate’s certificate to

accompany bill of costs95

  1. Notice for taxation95
  2. What expenses of witnesses may be included

in costs95

  1. Condition for taxing expenses of copies of

documents 96

  1. Taxation of costs96
  2. Compensatory Costs98
  3. Review of taxation only on notice to the

opposite side98

  1. No review of taxation of costs if bill of costs not

filed in time98

  1. What costs allowed after taxation98
  2. Meaning of “proportionate costs”98
  3. Application to Court for review of taxation98
  4. Hearing of such application99

CHAPTER XX

RULES UNDER THE ARBITRATION ACT, 1940
  1. Preliminary 99
  2. Proceedings under ChapterIll and IV

how entitled99

  1. Form of petition99
  2. Statement of special case under Section 13 (b)

of the Act100

  1. Cases to be registered as suits or miscellaneous

applications100

  1. Issue of notice100
  2. Payment of process-fees101
  3. Mode of filing award101
  4. Application under Section 20 (1) of the act102
  5. Issue of process at the request of arbitrators or

umpire102

  1. Form of award102
  2. Form of application to modify, correct or set

aside award103

  1. Applications for interim orders to be by

interlocutory applications103

  1. Service of notice of interim order on opposite

party103

  1. Form of other applications under the Act and their
    registration103
  2. Notice to persons concerned104
  3. Title of applications, etc., under section 34104
  4. Notice of appointment of arbitrators105
  5. Award includes interim award106
  6. Court-fees and process-fees106
  7. Procedure 106

CHAPTER XXI

RULES UNDER THE RECOGNITION AND ENFORCEMENT

(ARBITRATION AGREEMENTS AND FOREIGN ARBITRAL AWARDS)

ACT, 2011

  1. Title of applications, etc107
  2. Mode ofApplications107
  3. Contents of petition107
  1. Stay of the proceedings under Sub-Section 2

of Section 3107

  1. Enforcement of Foreign Award and the

Documents to be produced with petition108

  1. Presumption as regards certain copies109
  2. Jurisdiction of the Court109
  3. Code of Civil Procedure and Original Side

Rules to apply109

  1. Execution of decree and orders109

CHAPTER XXII

ARREST AND ATTACHMENT BEFORE JUDGMENT

  1. Arrest and attachment before judgment110
  2. Conditional attachment duration of110
  3. Rule 406 to apply110
  4. Procedure on the surety rendering the

principal or principal surrendering himself110

  1. When principal may be rendered110
  2. Stay of the proceeding110

CHAPTER XXIII

Proceedings in Execution

  1. Interpretation 111

APPLICATION FOR TRANSMISSION

  1. Transmission of decrees for execution111
  2. Stay of execution on transmission111
  1. Transmission of decree in two or more

districts simultaneously111

  1. When insufficient amount realized in first district112
  2. Also in second or succeeding districts112
  3. When sufficient amount realized in execution112
  4. Notice of execution of foreign Court

decree to issue to judgment-debtor112

  1. Register of decrees received from other courts112
  2. Return of decree to the transmitting Court113

APPLICATION FOR EXECUTION

  1. Application under O. XXI, r. 11(2) to be signed

and verified by the applicant113

  1. Checking and admission of execution petition113
  2. Procedure in execution application under

O. XXI, R. 15113

  1. Procedure when cause not shown113
  2. Additional Registrar, (O.S.), not to issue

execution simultaneously against person

and property114

  1. Application for receiver in execution of decree114

MODE OF EXECUTION

Execution of documents

  1. Decree-holder to file in Court the draft

and fees for service114

  1. Execution of document under O. XXI, Rule 34(5)114

Arrest

  1. Production of person arrested after sunset115
  2. Superintendent to keep in custody115
  3. Production before Judge under fresh warrant of

persons already in custody115

Attachment

  1. Application of incumbrancer to be made a

party to the suit or to join in the sale115

  1. Inquiry before the Additional Registrar, (O.S.)

as to matters specified in O. XXI, Rule 66115

  1. Receipt of attached property to be given116
  2. Procedure where property is already under

attachment by revenue authorities116

  1. Removal of property attached under O. XXI,

Rule 43 to the Court116

  1. Removal to Court by judgment-creditor on

executing bond116

  1. Procedure where removal impracticable or costly117
  1. Deposit of cost for removal or maintenance of

property117

  1. Account to be rendered on demand118
  2. Restoration of attached property on payment

of costs incurred118

Sale of attached property

  1. Notice regarding sale of guns and other

arms, etc. attached118

  1. Sale of Government Promissory Notes,

how made119

  1. Immediate sale of movable property119
  2. Place of sale of Live-stock, etc.119
  3. Application for sale to be accompanied by

abstract of title119

  1. Contents of sale proclamation120
  2. Publication of proclamation120
  3. Copy of sale proclamation to be sent to

Revenue authorities in case of sale of land120

  1. Place of sale of immovable property120
  2. Sale at Court house, how conducted120
  3. Leave to bid at reserved price121
  4. Sale 121
  1. Postponement of sale for want of sufficient

bidding121

  1. Postponement of sale otherwise than under

rule 396121

  1. Bidding paper to be signed by the purchaser121
  2. Or by his agent as such122
  3. Declaration of purchase122
  4. Report of sale122
  5. Time for confirming sale122

Delivery of possession of immovable property

  1. Possession of house how delivered to

decree-holder or purchaser122

  1. Decree-holder or purchaser to give notice to

owner regarding removal of property therein123

GENERAL

  1. Preparation and issue of processes in execution123
  2. Costs of execution to be specified on warrant of

arrest and attachment123

  1. Procedure on stay of execution123
  2. Recording of evidence and order in execution

proceedings123

CHAPTER XXIV

Nazir’s Office

  1. Nazir and Deputy Nazir to execute or to cause to

execute processes124

  1. Noting of date on processes124
  2. Service on holidays124
  3. Service on the firm of advocates124
  4. Payment of money124
  5. Notice of payment or deposit to decree-holder

or revenue authorities 125

  1. Delivery of securities, jewellery or

other valuables into Court125

  1. Application for payment of money, etc125
  2. Applications to be checked125
  3. Payment by money order, bank draft etc125
  4. Written authority of client requisite for payment to

advocate126

  1. Account books to be kept127
  2. Signing of Cheque and checking of accounts

by D.D.O.127

  1. Account books to be kept in minors or lunatics’

estates128

  1. Return of minors’ estates under administration128
  1. Charge of property in criminal cases128

Charge of dead stock

CHAPTER XXV

Testamentary and intestate Jurisdiction

Preliminary

  1. Interpretation 129

Application for Probate, etc

  1. Application for probate129
  2. Application for letters of administration where

the deceased died intestate129

  1. Application for letters of administration.

where the deceased has left a will129

  1. Application for succession certificate130
  2. Address for service130
  3. Delay in application130
  4. lnterlineations, alterations etc. in the will should be

sworn to by the attesting witnesses130

  1. In absence of attesting witnesses with other

evidence must be produced130

  1. Attempted cancellation must be accounted for131
  2. Unsigned or unattested will131
  3. Production of deed, paper, etc., referred to in will131
  4. Administration to a creditor131
  5. Renunciation 131
  6. Grants throughout Pakistan131
  7. Applications for probate, etc., to be registered

as miscellaneous applications132

Citation

  1. Notice of application to be given to Revenue

Authorities132

  1. Notice to next-of-kin132
  2. Citation to Administrator-General132
  3. Form of citation132
  4. When citation to be dispensed with132

Proof

  1. Proof of identity133
  2. Blind or illiterate testator133

Limited Grants

  1. Order for limited grant133

Administration Bond

  1. Forms of administration and succession certificate

bonds133

  1. Amount of administration bond and succession

certificate bond133

  1. Insurance Companies as sureties133
  2. Attestation of bonds134

Grants and extensions thereof

  1. Grants limited to Province of Sindh134
  2. Affidavit of valuation of property to be annexed to
    grants 134
  3. Extension of grant to have effect throughout

Pakistan134

  1. Extension of succession certificate134

Inventory and Accounts

  1. Form of inventory134

Form of register

  1. Non- contentious matters135

Contentious Proceedings

  1. Particulars in caveat135
  2. Notice of caveat135
  3. Affidavit supporting caveat135
  4. Notice to caveator to file affidavit135
  5. Consequence of not filing affidavit136
  6. Procedure 136
  7. Notice in probate suit136

Miscellaneous

  1. Certificates under section 274 (1) (b) of the Act137
  2. Notice by executor or administrator to creditors

under sections 360 and 367 of the Act137

  1. Disposal of petition for non-prosecution137
  2. Making will 137

Rules under Sindh Regulation, VII of 1827

  1. References from police and magistrates re:

un- claimed property to be accompanied by list

and valuation 137

  1. Deduction of administration fee137

CHAPTER XXVI

Rules under the Oaths Act, 1873

  1. Form for witnesses 138
  2. Form for interpreters139

CHAPTER XXVII

Rules under the Transfer of Property Act, 1882

  1. Deposit of money due on mortgage139
  2. Deposit of costs139
  3. Order for payment of money into Court

under S.83139

  1. Mode of service139
  2. Costs of mortgagee140
  3. Court’s order for paying out140
  4. Enforcement of order140

CHAPTER XXVIII

Rules under the Partition Act, 1893

  1. Rules 388 to 402 to apply to sales under

Partition Act141

CHAPTER XXIX

Rules under the Insolvency (Karachi Division)

Act

Preliminary

  1. Interpretation of terms 141

COURT PROCEDURE

Court and chambers

  1. Matters to he heard in open Court142
  2. Adjournment from Chambers to Court and

vice versa143

Proceedings

  1. Proceedings how entitled143
  2. Publication notices143
  3. Filing, Gazetting, & etc.143

Discovery of debtor‘s property

  1. Applications for discovery144

Appropriation of Pay, Salary, etc.

  1. Application for an appropriation order under

section 60144

  1. Communication of order under section 60144
  2. Review of order144

Warrants, Arrests and Commitments

  1. To whom warrants addressed145
  2. Production of insolvent before Court & etc.145
  3. Suspension of issue of committal order145
  4. Committal of contumacious insolvent or witness145

Costs

  1. Awarding costs146
  2. Scale of costs147
  3. Applications for costs147
  4. Priority of costs and charges payable out of

assets148

  1. Disallowance of costs of unnecessary petition149
  2. Apportionment of costs in cases of partnership149
  3. Costs out of joint or separate estates149

Proceedings by Company or Co partnership

  1. Public officer or agent of company150

Proceedings by or against firm

  1. Attestation of firm’s signature150
  2. Service on firm150
  3. Debtor’s petition by a firm151
  4. Schedule 151
  5. Order of adjudication against a firm151
  6. Acceptance of composition, etc., by joint and

separate creditors151

  1. Voting on composition151
  2. Adjudication and separate committees152
  3. Separate firms152

Lunatics

  1. Lunatics 152

PROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE

Insolvency Petition

  1. Form of insolvency petition152
  2. Insolvent to lodge all books, & etc., with the

Official Assignee.152

  1. Deposit by petitioner153

Creditor‘s Petition

  1. Security for costs153
  2. Joint petitions153
  3. Death of debtor before service of petition153

Hearing of Petition

  1. Adjudication order to make forth with on debtor

application154

  1. Proceedings on creditor’s petition154
  2. Several respondents154
  3. Debtor intending to show cause154
  4. Non-appearance of creditor154
  5. Personal attendance of creditor when

dispensed with154

  1. Proceedings after trial of disputed question155
  2. Application to dismiss155

Interim Receiver

  1. Appointment of interim receiver155
  2. Form and contents of order156
  3. Deposit 156
  4. Further deposit, if necessary156
  5. Repayment of deposit156
  6. Damages if petition dismissed156

Order of adjudication