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The Code of Civil Procedure, 1908: page 317

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 317, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                   No. 3

        SUMMONS TO DEFENDANT TO APPEAR ON SURETY’S APPLICATION FOR DISCHARGE
                                                (O . 38, r. 3)
                                                   (Title)
To
     ...................
     ...................
   WHEREAS…………………………………, 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.
     GIVEN under my hand and the seal of the Court, this……………day of…………20…..
                                                                                                      Judge.
                                                   No. 4            e
                                         ORDER FOR COMMITTAL     od
                                                (O. 38, r. 4)
                                                         aC
                                                   (Title)
To
                                                   di
     ...................                       In
     ...................
    WHEREAS……………………., 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.
     GIVEN under my hand and the seal of the Court, this………….day of…………….20………
                                                                                                      Judge.

                                                   No. 5
 ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILMENT OF DECREE
                                                (O. 38, r. 5)
                                                  (Title)
To
     The Bailiff of the Court.
    WHEREAS……………….....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

                                                    317

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