Order 32, rule 8 - Retirement of next friend
(1) Unless otherwise ordered by the court, a next friend shall not retire without first procuring a fit person to be put in his place and giving security for the costs already incurred.
(2) The...
Order 32, rule 9 - Removal of next friend
(1) Where the interest of the next friend of a minor is adverse to that of the minor, or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely...
Order 32, rule 10 - Stay of proceedings
(1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place.
(2) Where the advocate of such a minor...
Order 32, rule 14 - Unreasonable or improper suit
(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by a next friend be dismissed on the ground that it was unreasonable or improper.
(2) Notice of...
Order 33, rule 2 - Contents of application
Every application for permission to sue as a pauper shall contain the particulars required in regard pleadings, together with a statement that the pauper is unable to pay the fee prescribed in such...
Order 33, rule 3 - Presentation of application
Notwithstanding anything contained in these Rules, the application shall be presented to the court by the applicant in person unless the applicant is exempted from appearance in court by section 82 of...
Order 33, rule 4 - Examination of applicant
Where the application is in proper form and duly presented the court may, if it deems fit, examine the applicant or his agent, when the applicant is allowed to appear by agent, regarding the merits of...
Order 33, rule 5 - Rejection of application
The court shall reject an application for permission to sue as a pauperâ
(a) where it is not framed and presented in the manner prescribed in rules 2 and 3;
(b) where the applicant is not a...
Order 33, rule 7 - Procedure at hearing
(1) On the day so fixed or as soon thereafter as may be convenient, the court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make...
Order 33, rule 9 - Dispaupering
The court may, on the application of the defendant, of which seven daysâ clear notice in writing has been given to the plaintiff, order the plaintiff to be dispauperedâ
(a) if he is guilty of...
Order 33, rule 10 - Costs where pauper succeeds
Where the plaintiff succeeds in the suit, the court shall calculate the amount of the court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper; such...
Order 33, rule 11 - Procedure where pauper fails
Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or dismissed because the plaintiff does not appear when the suit is called on for hearing, the court shall order...
Order 33, rule 15 - Costs
The costs of an application for permission to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.
Order 33, rule 16 - Court fees
(1) If any defendant alleges that he is unable to pay court fees the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and, if he is satisfied on...
Order 34, rule 4 - Order upon summons
If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any suit already commenced in respect of the subject-matter in dispute in lieu...
Order 34, rule 5 - Summary procedure
The court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the...
Order 34, rule 6 - Costs and other orders
The court may make all such orders as are just and reasonable as to costs and all other matters including, where appropriate, orders for the sale or disposal of the subjectmatter of the dispute, and...
Order 34, rule 8 - Questions of law
Where the question in issue is a question of law and no facts are disputed the court may decide the question without the trial of an issue.
Order 35, rule 5 - Hearing and disposal of case
(1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of Order 10B shall apply to such suit so far as the same are applicable
(2) Where the court...
Order 36, rule 1 - Summary judgment
(1) In all suits where a plaintiff seeks judgment forâ (a) a liquidated demand with or without interest; or
(b) the recovery of land, with or without a claim for rent or mesne profits, by a...
Order 36, rule 3 - Application by Government
(1) An application under rule 1 by the Government may be verified by an affidavit of the Attorney-General stating that to the best of his knowledge and belief the plaintiff is entitled to the relief...
Order 36, rule 4 - Time for defence
If a defendant is granted leave to defend he shall file his defence within fourteen days of the grant of leave unless the court otherwise orders.
Order 36, rule 5 - Judgment for part of claim
If it appears that the defence set up in the affidavit by the defendant applies only to a part of the plaintiffâs claim, or that any part of his claim is admitted, the plaintiff shall have judgment...
Order 36, rule 7 - Leave to defend
Leave to defend may be given unconditionally, or subject to such terms as to giving security or time of trial or otherwise, as the court thinks fit.
Order 36, rule 8 - Costs
(1) The costs of and incidental to all applications under this Order shall be dealt with by the court on the hearing of the application, and the court shall order by and to whom, and when the same...
Order 36, rule 9 - Forms
Form Nos. 24 and 25 of Appendix A, adapted to circumstances, shall be utilised for the respective purposes for which they are designed.