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The Code of Civil Procedure, 1908: page 293

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 293, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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paragraph and such of the others as may be necessary will follow, omitting the first formal words. The
form is continued as in a creditor’s suit.]
    4. An account of the funeral and testamentary expenses.
   5. An account of the movable property of the deceased come to the hands of the defendant, or to the
hands of any other person by his order or for his use.
   6. An inquiry what part (if any) of the movable property of the deceased is outstanding and
undisposed of.
    7. And it is further ordered that the defendant do, on or before the……..day……..of next, pay into,
Court all sums of money which shall be found to have come to his hands, or to the hands of any person by
his order or for his use.
    8. And that if the ………….. * shall find it necessary for carrying out the objects of the suit to sell
any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid
into Court.
    9. And that Mr. E. F. be receiver in the suit (or proceeding) and receive and get in all outstanding
debts and outstanding movable property of the deceased, and pay the same into the hands of the ………..
*(and shall give security by bond for the due performance of his duties to the amount of ……….. rupees).
     10. And it is further ordered that if the movable property of the deceased be found insufficient for
                                                                    e
carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that
                                                              od
is to say—
                                                        aC
        (a) an inquiry what immovable property the deceased was seized of or entitled to at the time of
    his death;
                                                   di
        (b) an inquiry what are the encumbrances (if any) affecting the immovable property of the
    deceased or any part thereof;              In
         (c) an account, so far as possible, of what is due to the several incumbrancers, and to include a
    statement of the priorities of such of the incumbrancers as shall consent to the sale hereinafter
    directed.
     11. And that the immovable property of the deceased, or so much thereof as shall be necessary to
make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the
Judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale and subject to
the incumbrances of such of them as shall not consent.
    12. And it is ordered that G. H. shall have the conduct of the sale of the immovable property, and
shall prepare the conditions and contracts of sale subject to the approval of the …………… * and that in
case any doubt or difficulty shall arise the papers shall be submitted to the Judge to settle.
    13. And it is further ordered that, for the purpose of the inquiries hereinbefore directed, the ……….
*shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in
any other way which shall appear to the …....……….. *to give the most useful publicity to such inquiries.
    14. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts
ordered to be done be completed, before the day of ……………. and that the ………………* do certify
the result of the injuries, and the accounts, and that all other acts ordered are completed, and have his
certificate in that behalf ready for the inspection of the parties on the ……………. day of …………..




    * Here insert name of proper officer.



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