!Page Pa.ge lPage ,page Page Poage Page P.age Page Article of No. of the law Schedule and form 40 (2) II, I 40 (5) II, 2 50 II, 3 70 II. 4 80 I, A-D 92 I, E 94 II, 5 96 (I) II, 6 104 II, 7 107 (I) II, 8 109 II, 9 111 andII4 II, 10 118 (2)' II, II 120 (2) II, 12 121 II, 13 122 III, 1 127 III, 2 132 an"4'I34 III. 3 147 II, 14 148 III, 4 149 II, 15 150 II, 16 151 and152 III, 5 151 III, 6 154 III, 7 166 III, 8 168 III, 9 202 III, 10 223 ., F 240 III, 11 SCHEDULF.S. FORMS flRST SCHEDULE FORM OF PLEADINGS SECOND SCHEDULE PROCESS THIRD SCHEDULE. MISCELLANEOUS FORMS FOURTH SCHEDULE. EXECUTION TABLE OF ARTICLES UNDER WHICH FORMS ARE MADE Contents Notice to person to be added as co-plaintiff Notice to party joined as respondent Sum~ons to representative of deceased defendant Notice to defendant Form of pleadings Verification of pleadings Summons for appearance of defendant Order for service of summons on prisoner or member of Armed Forces Affidavit of serving officer on return of summons Order for service of summons in jurisdiction of other court Order for service of summons on public servant or employee Summons to witness Warrant of arrest of witness Warrant of committal Warrant of committal Letter of request Commission to examine witness Commission for local investigation or examination of accounts Warrant of arrest before judgment Security for appearance of defendant arrested before judgment Summons to defendant to appear on surety's application for discharge Order for committal Attachment before judgment Security for productir 1 of property Temporary injunctions Appointment of receiver Bond given by receiver Security for costs of appeal List of annexes Notice to admit documents Article of the law 261and 262 26S 28S 33S 381 (3) J94 J96 (2) 401 (2) 401 (4) No. of Schedule and form Contents Agreement of parties as to issues to be tried Form of oath Notice to parties of day fixed for J:xamining witness about to leave jurisdiction Notice of payment into court Summons in, summary suit on negotiable instrument Security bond on order for stay of execution Security bond on order for execution pending appeal Notice to respondent of day fixed for hearing of appeal Order sending decree for execution to other court Certificate of non-satisfaction of decree Notice to show cause why execution should not issue Notice to surety of his liability under decree Warrant of arrest in execution Warrant of committal of judgment-debtor to prison Order for release of person imprisoned in execution Warrant of attachment of movable property in execution of decree for money IV, 9 Notice to show cause why payment or adjustment should nul be recorded IV, 10 Warrant for seizure of specific movable adjudged by decree IV. '1 Notice to state objections to draft of document IV :2 Form of endorsement IV, 13 Warrant to give possession of immovable IV, 14 Attachment of property not in possession of judgment-debtor IV, 15 Attachment of salary IV, 16 Attachment of negotiable instrument IV, 17 Attachment of property in custody of court or public officer IV, 18 Attachment of immovable property IV, 19 Payment of money in hands of third party IV, 20 Notice to attaching creditor IV, 21 Order for sale of property attached IV, 22 Proclamation of sale IV, 23 Order for publication of prociamation of sale IV, 24 Certificate by auctioneer of deficiency of price on re-sale IV, 25 Notice to person in possession of movable property sold in cxi:Cution III, 12 III, 13 III, 14- III, 15 II, 17 III, 16 m,J7 II, 18 IV, 1 IV, 2 IV, 3 IV, 4 IV, 5 IV, 6 IV, 7 IV, 8 Article of the law 4!0 No. of Schedule and form IV, 26 IV, 27 lV,29 lV,30 lV, 31 m,18 m,l9 m,20 m,21 m,n m,23 m,24 Contents Certificate authorising mortgage, lease or sale of property Notice to show cause why sale should not be set aside Order for delivery of immovable sold Summons to appear and answer charge of obstructing execution Warrant of committal Application for leave to sue as a pauper Notice of day fIXed for hearing evidence of pauperism Additional forms Petition for probate of will and of order of partition Petition for declaration of heirs-at-law and for approval of order of partition Application for apPointment of liquidator by court (in the ~ of testate succession) Petition for appointment of liquidator by court (in the case intestate succession) Notice to show cause (General form) .. IN THE FIRST SCHEDULE. FORM OF PLEADINGS (ART..) A . TITLE OF SUITS COURT OF A.B. (description and residence) Plaintiff against C.D. (description and residence) B. DESCRIPTION OF PARTIES Defendant The Imperial Ethiopian Government The Advocate General The A.B. Share Company, having its registered OtTlCIeat A.B., an officer of the C.D. Company A.B. (description and residence), on behalf of himself and all other creditors of C.D. (dC!lCri- ption and residence) A.B. (description and residence), on behalf of himself and all other holders of debentul'Cl issued by the C.D. Share company A.B., a minor (description and residence), by C.D., his tutor A.B. (description and residence), by his attorney C.D, (description and residence) consti. tuted by general power of attorney dated the A.B., a firm carrying on business in partnership at A.B. (description and residence), ew,'ulor of CO.. ,h'ea'ed A.B. (description and residence), heir of C.D" deceased C . STATEMENTS OF CLAIM No 1. MONEYLENT A.B., the above-named plpintiff, states as follows: (1) On the day of 19 , he lent the defendant E. , repayable on the ...... day of 19 . (1) The defendant has not paid the same, except E. paid on the ' day of ...... 19 (If the plaintiff claims exemption from any law of limitation, say: (3) The plaintiff was a minor (or insane) from the day of 19 till the ...... day of 19 . (4) (Facts showing when the cause of action arose and that the court has jurisdiction). (5) The value of the subject-matter of the suit for the purpose of jurisdiction is E. ....... (6) The plaintiff claims E. , with interest at per cent from the day of...... No. 1. MONEY OVERPAID A.B., the above-named plaintiff. states as follows: (1) On the day of 19 , the plaintiff agreed to buy and the defendant agreed to sell bags of coffee at E. per bag. (1) The plaintiff procured the said bags to be assayed by E.F., who was paid by the defendant for such assay, and E.F. declared each of the bags to contain 100 q of -._--- coffee and the plaintiff accordingly paid the defendant E. ....... (3) Each of the said bags contained only 90 kg of coffee of which f..ct the plaintiff was ignorant when he made the payment. (4) The defendant has not repaid the sum so overpaid. (As in paras. 4 and 5 of Form No I, and relief claimed) No.3. GOODS SOLD AT A FIXED PRICE AND DELIVERED A.B., the above-named plaintiff. states as follows: (I) On the day of 19 , E.F. sold and delivered to the delt:ndant ........... barrels of nour, (or the goods mentioned in the schedule hereto annc:\ed. or sundry goods). (1) The defendant promised to pay E. lor the said goods 011delivery (or on the day of 19 , some day before the statement of dalln "..s filed). (3) He has not paid the same. (4) E. F. died on the day of 19 By his last will he appointed his brother, the plaintiff, his executor. (As in paras. 4 and 5 of Form No. I) (7) The plaintiff as executor of E. F. claims (relief claimed). No.4. GOODS SOLD AT A REASONABLE PRICE AND DELIVERED A.B., the above-named plaintiff, states as follows: (1) On the day of 19 , plaintiff sold and delivered to the defend..n! (sundry articles of house-furniture), but no express agreement was made as to the price. (2) The goods were reasonably wort~ i'E. (3) The defendant has not paid the money. (As in paras. 4 and 5 of Form No. I, and relief claimed). No.5. GOODS MADE AT DEFENDANT'S REQUEST, AND NOT ACCEPTED A.B., the above-named plaintiff, states as follows: (I) On the day of 19 , E.F. agreed with the plaintiff th..! the plaintiff should make for him (six tables and fifty chairs) and that E.F. should pay for the goods on delivery E. , (1) The plaintiff made the goods, and on the day of 19 (,ftt:reJ to deliver them to E.F., and has ever since been ready and willing so to do. (3) E.F. has not accepted the goods or paid for them. (As in paras. 4 and 5 of Form No. I. and relief claimed). No.6. DEnClENCY UPON A RESALE (GOODS SOLD AT AUCTION I A.B., the above-named plaintiff, states as follows: (1) On the day of 19 , the plaintiff put up at auction sundry (goods). , subject to the condition that all goods not paid for and remod by the purchaser within (ten day) after the sale should be resold by auetion on his account, of which condition the defendant had notice. (2) The defendant purchased (one crate of crockery) at the auction at the price of E. (3) The palintiff wu ready and willina to deliver the goods to the defendant on the date of the sale and for (ten days) after (4) The defendant did not tate away the goods purchased by him, nor pay for them within (ten days) after the sale, nor afterwards. (5) On the day of 19 , the plaintiff resold the (crate of crockery), on account of the defendant, by public auetion, for E. (6) The expenses attendant upon such resale amounted to E. (7) The defendant hu not paid the deficiency thus arising, amounting to E. (As in paru. .. and 5 of Form No. I, and relief claimed). ~"- 7. SERVICES AT A REASONABLE RATE A.B., the above-named plaintiff, states u follows': (1) Betweenthe day of 19 , and ""'" day of 19 , plaintiff (executed sundry drawings, designs and diagrams) for the defendant, at his request; but DOexpress agreement wu made u to the sum to be paid for such services. (2) ne services were reasonably worth E. (3) The defendant hu not paid the money. (As in paru. .. and 5 of Form No. I, and relief claimed). No. .. SERVICES AND MATERIAlS AT A REASONABLE COST A.B., the above-named plaintiff, states u follows : (I) On the day of 19 , at , the plaintiff built a house (known uNo. , in) and furnished the materials therefor, for the defendant, at his request, but no express agreement wu made u to the amount to be paid for such work and materials. (2) The work done and materials supplied were reuonably worth E. ........ (3) The defendant hu not paid the money. (As in paru. .. and 5 of Form No. I, and relief claimed). No. 9. USE AND OCCUPATION A.B., the above-named plaintiff, executor of the will of X.Y., dec:eued, states u follows : (1) That the defendant occupied the (house No. , street), by permission of the said X.Y., from the day of 19 , until the day of ....... 19 , and no agreement wu made u to payment for the use of the said premises. (1) That-the use of the said premises for the said period was reasonably worth E. (3) The' defendant has not paid the money. (As in paras. 4 and 5 of Form. No.1). (6) The plaintiff as executor of X.Y. claims (relief claimed). No. 10. ON A FOREIGN JUDGMENT A.B:. the above-named plaintiff, states as follows: (1) On the day of 19 , at , in the State of the Court of that State, in a suit therein pending between the plaintiff and the defendant, duly adjudged that the defendant should pay to the plaintiff E. with interest from the said date. (1) The defendant has not paid the money. (As in paras. 4 and 5 of Form No. I, and relief claimed). No. 11. AGAINST SURETY FOR PAYMENT OF RENT A.B., the above-named plaintiff, states as follows : (1) On the day of 19 E.F. hired from the plaintiIT for the term of years, the (house No. , Street), at the annual rent of E. payable (monthly). (1) The defendant agreed, in consideration of the letting of the premises to E.F., to guarantee the punctual payment of the rent. (3) The rent for the month of 19 , amounting to E. has not been paid. (If, by the terms of the agreement, notice is required to be given to the surety, add :-) (4) On the day of 19 , the plaintiff gave notie: to the defendant of the non-payment of the rent, and demanded payment thereof. (5) The defendant has not paid the same. (As in paras. .4 and 5 of Form No. I, and relief claimed). No. 11. BREACH OF AGREEMENT TO PURCHASE LAND A.B.. the above-named plaintiff, stales as follows: (1) On the day of 19 , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed. (Or, on the day of 19 , the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant and that the defendant should pur- chase from the plaintiIT forty gashas of land in the village of for E. ). (Z) On the ." day of 19 , the plaintiff, being then the owner of the property (and the same being free from all incumbrances as was made to appear to the defen- dant), tendered to the defendant a sufficient instrument of transfer of the same (or, was ready and willing, and is still ready and willing. and oITered. to transfer the same to the defendant by a sufficient instrument) on the payment by the defendant of the sum agreed upon. (3) The defendant has not paid the money. (As in paras. 4 and 5 of Form No. I. and relief claimed) No. 13. NOT DELIVERING GOODS SOLD A.B., the above-named plaintiff, states as follows ; (1) On the day of 19 , the plaintiff and drjendant mutually agreed that the defendant should deliver (one hundred barrels of Oour) to the plaintiff on the "'"'' day of 19 , and t.hat the plaintiff should pay therefor E. on delivery. (2) On the (said) day the pl~intiff was ready and willing. and offered. to pay the defen- dant the said sum upon delivery of the goods. (3) The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery. (As in paras. 4 and 5 of Form No. I, and relief claimed). NO. 14. WRONGFUL DlSMIS.'\AI. A.B.. the above-named plaintiff, states as follows ; (1) On the day of 19 , the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as (a cook) and that the defendant should employ the plaintiff as such for the term of (one year) and pay' him for his services E. (monthly). (2; On the day of 19 the plaintiff entered upon the service of the defen- dant and has ever since been. and still is, ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice. (3) On the ""'" day of ""'" 19 , the defendant wrongfully discharged the plaintilT, and refused to permit .him to serve as aforesaid, or to pay him for his services. (As in paras. 4 and 5 of Form No. I. and relief claimed). No. 15. BREACH OF CONTRACT TO SERVE A.B., the above-named plaintiff, states as follows ; (I) On the day of 19 , the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at an (annual) salary of E. .. , and 'h'" ''',' d"';'"d"nl ,hollld 'l'n'e the plaintiff as (an artist) for the term of (o.lIe year). (2) The plaintiff has always hcl'n ready and willing to perform his part of the asnement (and on the day of 19 ,offered so to do).. (3) The defendant (entered upon) the service of the plaintiff on the above-me ntjoned day, but afterwards, 011the """ day of 19 .he refused to serve the ',laintiff as aforesaid. , (AI In paru. 4 and S of Form No. I, and relief claimed). No. 16 AGAINST A BUILDER FOR DEFECI'IVE WORKMANSHIP A.B., the above-named plaintiff, states as follows: (I) On the day of 19 , the plaintiff and defendant entered into an agre- ement, and the original document is hereto annexed. (2) The plaintiff duly performed aD the conditions of the agreement on his part. (3) The defendant (built the house referred to in the agreement in a bad and unwork- manlike manner). As in paras. 4 and 5 of Form No. I. and relief claimed). No. 17. ON A BOND FOR mE nDELITY OF A CLERK A.B.. the above-named plaintiff. states as follows: (I) On the day of 19 .the plaintiff took E.F. into his employment as a clerk. (2) In con'lideration then-of. on the dav of 19 . the defendant agreed with the plain tift that if E.F. should not faithfully perform his duties as a clerk to the plaintiff. or should fail to account to the plaintiff for all monies. evidences of debt or other property received by him for the use of the plaintiff. the defendant would pay to the plaintiff whatever loss he might sU'ltain by reason thereof. not e,1tceeding E. ....... (Or. 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the plaintiff the penalty. of E. subject to the condition that if E.F. should faithfully perform bis duties as clerk and cashier to the plaintiff and should iustlv account to the plaintiff for all monie'l. evidences of debt or other pro- perty which should be at any time held by him in trust for the plaintiff. the bond should be void). (Or .2. In consideration thereof, on the same date the defendant executed a bond in favour of the plaintiff, and the original document is hereto annexed.) (3) Between the """ day of 19 and the day of 19 .E.F. received money 'Bnd other property, amounUna to the value of E. .for the use .of the rlaintiff. for wbich sum be bas not accounted to him, and the same still remains due and unpaid,. tAli ID para). 01and 5 of Form No. I. and relief claimed). No. 18. BY TENANT AGAlNSr LANDWRD, WITH SPECIAL DAMAGE A.B.. the above-named plaintiff. states as follows: (I) On the .".." day of 19 the defendant. by a registered instrument. let to the plaintiff (the bouse No. , street) for the term of years, contracting with the "'aintift'. that he. the plaintiff. and bis legal representatives should quietly enjoy possession thereof for the said term. (1) All conditions were fulfilled and aD thinp bappened necessary to entitle the plain- tiff to maintain this suit. (3) On the day of 19 .during the said term, E.F., who was the lawful owner n( th.. ."ilt hnllC«'.lawfullv evicted the plaintiff therefrom and still withholds the p0s- session thereof from him. (4) The plaintiff was thereby (prevented from continuing the business of a tailor at the said place, was compelled to expend E.: in moving, and lost the custom (As in G.H. and I.J. by such removal).. . (As in paras. 4 and 5 of Form No. I. and relief claimed). No. 19. ON AN AGREEMENT OF INDEMNITY A.B., the above-named plaintiff, states as follows: (1) On the ..' day of 19 , the plaintiff and defendant, being partners in trade under the style of A.B. and C.D., dissolved the.partnership, and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the (;nll :tnd inckmnif\ rhe plaintiff a!!ainst all claims that might be made upon him on account of any indebtedness of the firm. (1) The plaintiff duly perform.:d alllh~ ~ondlll"ns of the agreement on his part. (3) On the day of 19 , (a judgment was recoverded against the plaintiff and defendant by E.F., in the High Court of upon a debt due from the firm to E.F. and on the day of 18 ,) the plaintiff paid E. .(in satisfaction of the same). (4) The defendant has not paid the sam.: to lh~ plalllllii. (As in paras. 4 and 5 of Form No. I, and relief claimed). No. 10. PROCURING PROPERTY BY FRAUD A.B., the above-named plaintiff, states as follows: (1) On the dav of 19 . the defendant. for the purpose ofindllcing the plain- tiff to sell him certain goods. represented to the plaintiff that (he, the defendant. was solvent, and worth E. over all his liabilities). . (1) The plaintiff was thereby induced to sell (and deliver) to the defendant (dry goods) of the value of E. (3) The said representations were false (or state the particular falsehoods) and were then known by the defendant to be so. (") The defendant has not paid for the goods. (Or, if the goods were not delivered.) The plaintiff, in preparing and shipping the goods and procuring their restoration, expended E. (As in paras. 4 and 5 of Form No. I, and relief claimed). No. 11. FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON A.B., the above-named plaintiff, states as follows: (I) On the day of 19 , the defendant represented to the plaintiff that l:..t-. was solvent and in good credit, and worth E. over all his liabilities (or that E.F. then held a responsible situation and was in good circumstances. and might safely be trusted with goods on credit). (1) The plaintiff was thereby induced to sell to E.F. (wheat Oour) of the '~alue of E. (on months credit). (3) The said representatic ns were false and were then known by the deft',ldant te br. so, , II and were made by him with intent to deceive and defraud the plaintiff (or to dea8iw and injure the plaintiO). (") E.F. (did not pay for the said goods at the expiration of the credit aforaaid. ~ has not paid for the said wheat flour, and the plaintiff has wholly 10It the --. (As in paras. 4 and S of Form No. I, and relief claimed). No. 22. POLLUTING TIlE WATER UNDER TIlE PLAIN'I'IIY'S LAND A.B., the above-named plaintiff, states as follows: . (1) The plaintiff is, and at all the times hereinafter mentioned was, poueued of C8IIiI land called and situate in and of a well therein, and of water in the well." was entitled to the use and benefit of the well and of the water therein. and to ... certain springs and streams of water which floWed and r.m into the well to , the same to flow or run without being fouled or polluted. . (2) On the day of 19 , the defendant wrongfully fouled and polluted the well and the water therein and the springs and streams of water which flowed into the well. (3) In consequence the water in the well became impure and unfit for domestic and other necessary purposes, and the plaintiff and his family are deprived of tM use and benefit and of the well and water. (As in paras. 4 and S of Form No. I, and relief claimed). No. 23. CARRYING ON A NOXIOUS MANUFACI1JRE A.B., the above-named plaintiff, states as follows: (I) The plaintiff is, and at all the times hereinafter mentioned was, poueued of certain lands called , situate in ........ (2) Ever since the day of 19 . the defendant has wronj!fully c.aused to issue from certain smelting works carried on by the defendant larae quantities of offeDliw 1UXIunwholesome smoke and other vapoun and noxious matter, which IpI'CId themselves over and upon the said lands, and corrupted the air, and settled OQthe surface of the lands. (3) Thereby the trees, hedges, herbage and crops of the plaintiff growiq on the IandI were damaged and deteriorated in value, and the cattle and live-stock of the plaiD- tiff on the lands became unhealthy, and many of them were poiIOned and died. (~ The plaintiff was unable to graze the 1ands with cattle and sbeep as be oIbenriIe mipt have done, and was obliJed to reIIIOW is catt1e, Ibeep and f8J'lllint«oct therefrom, and bas been pmeoted from havina 10 beDeficial and bea1tby . .. 8Dd occupation or the 1ands as he otherwise would have bad. (As In pliras. 4 and S of Form No I, and relief c1aimed.) N8 U. OBSTRUCI1NG A RIGHT or WAY A.B., the above-named plaintiff, states as follows: (I) The plaintiff is, and at the time hereinafter mentioned was, pallnnd or (a boule iI vi1qe of). (2) He was entitled to a right of way from the (hoUie) over . certain field to a public biPway and bect qain from the hi8bway OWl' the field to the boua, fOl' ....... <lnd his serv<lnts (with vehicles. or on foot) at all times of the vear. (3) On the day of 19 defendant wrongfully obstructed the said way. so that the plaintiff tould not pass {with vehicles. or on foot. or in any manner/ldong the way (<lnd h<ls ever since wronafully obstructed the same). (4) State special damage. (if any). (As in paras. 4 and 5 of Form 1'00. I. and relief claimed.) No. 25. OBSTRUCfING A ~IGHWAV A.B.. the above-named plaintiff. states as follows: (I) The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from to so as to obstruct it. Thereby the plaintiff. while lawfully passing along the said highway. fell oVClrthe said earth and stones (or into the said trench) and broke his arm. and sulTered great pain. and was prevented from attending to his business for days. and incurred expense amounting to E. ........ ,.\> III pal.I> 4 "IILI ~ "I 1"1111 .'u. I. all\.! 1,,11"1.:Iallll"d.) No. 16. DIVERTING A WATER-COURSE A.B.. the above-named plaintilT. states as follows: (I) The plaintilT is. and <It the time hereinafter mentioned was. posseued of a mill Ii- tuated on a (stream) know as the in the village of ........ tl) Ii) l.:a>OIl 01 >udl poSliCsslon the plaint ill was entitled to the now of the stream for working the mill. (3) On the day of 19 .the defendant. by cutting the bank of the stream. wron!!fllllv diverted the water thereof. so that less water ran into the plaintiff's mill. (4) By reason thereof the plaintilT has been unable to grind more than sacks per day. whereas. belore the said diversion of water he was able to grind sacu per da)'. (As in paras. 4 and 5 of Form No. I. and relief claimed.) No. 27. OBSTRUCfING A RIGHT TO USE WATER FOR IRRIGATION A.B.. the above-named plaintilT. states as follows: (I) PlaintilT is. and was at the time hereinafter mentioned. possessed of certain lands sitll<lte. etc.. and entitled to take and use a portion of the wllter of a certain stream for irrigating the said lands. (2) On the day of 19 . the defendant prevented the plaintilT from tatina and using the said portion of the said water as aforesaid. by wrongfully obItrucdD. and diverting the said stream. _(As in paras. 4 and 5 of Form No. I. and relief claimed.) No. 28. INJURIES CAUSED BY NEGLIGENCE ON A RAILROAD A.B., the above-named plaintiff, states as follows: (I) On the day of 19 , the defendants were carriers of passengers by railway between , and . (1) On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway. (3) While he was such passenger, at (or near the station of or between the stations of " and), a collision occurred on the said railway caused by the negligence and unskilfulness of the defendants' servants, whereby the plaintiff was much injured (having his leg broken, his head cut, etc., and state the special damage. if any, as). and incurred expense amounting to E. for medical attendance and is perman- ently disabled from carrying on his former business as (a salesman). (Or thus: 3. On that day the defendants by their servants so negligently and unskil. fully drove and managed an engine and a train of carriages attached thereto upon and along the defendants' railway which the plaintiff was then lawfully crossing, that the said engine and train were driven and struck against the plaintiff. whereby, etc., as in para. 3.) (As in paras. 4 and 5 of Form No. I, and relief claimed.) No. 19. INJURIES CAUSED BY NEGLIGENT DRIVING A.B.. the above-named plaintiff, states as follows: (I) The plaintiff is a shoemaker, carrying on business at ....... The defendant is a merchant of ...... (1) On the day of 19 , the plaintiff was walki~g southward along the rai- lway station. in the City of Addis Ababa, at about 3 o'clock in the afternoon. He was oblip to cross X Street; which is a street, running into railway station at right angles. While he was crossing this street, and just before he could reach the foot-pavement on the further side thereof, the automobile of the defendant. driven by Z the defendant's servant, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of X street into railway station. ...... The mudguard of the automobile struck the plaintiff and knocked him down. (3) By the blow and fall the plaintiffs left arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering, and unable to attend to his bushess. and incurred medical and other expenses amounting to E. and sustained great loss of business and profits to the extent of E. (As in paras. 4 and S of Form No. I, and relief claimel.) Ne. . OR MAUCiOllS PROSECUl'lON A.B., the above - named plaintift', states as follows: (1) On the day of " 19 , the defendantaccusedthe plaintiffof theftand on a cIwF of tbcft aDd imprilooed for ten days (and gave bail in the sum of E. ......... to obtain his re1eue). (1) In so doing the defendant acted maliciously and without reasonable and probable cause. (3) On the ., day of 19 , the court of , acquitted the plaintiff. (4) In consequence of the said arrest, the plaintiff lost his situation as clerk to E.F. (As in paras. 4. and 5 of Form No. I, and relief claimed.) No. 31. MOVABUS WRONGFULI_Y DETAINED A.B., the above-named plaintiff, states as follows: (I) On the day of 19 plaintiff owned (or state facts showing a right t) the possession) the goods mentioned in the schedule hereto annexed (or describe the goods), the estimated value of which is E. b (1) From that day until the institution of this suit the defendant has detained the same from the plaintiff. (3) Before the institution of the suit. to wit, on the day of 19 . the plaintiff demanded the same from the defendant, but he refused to deliver them. (As in paras. 4 and 5 of Form No I.) (6) The plaintiff claims - (I) delivery of the said goods, or E. , in case delivery cannot be had; (1) E. compensation for the detention thereof. No. 31. AGAINST A FRAUDULENT PURCHASER AND HIS TRANSFEREE wnH NOTICE A.B., the above-named plaintiff. states as follows: (I) On the day of ...,... 19 .the defendant C.D., for the purpose ofinducingt~ plaintiff to sell him certain goods. represented to the plaintiff that (he was solvent, and worth E. , over all his liabilities. (1) The plaintiff was hereby induced to sell and deliver to C.D. (one hundred bags d coffee), the estimated value of which is E. ......... 1:\1 The "aid representations were false, and were theft known by C.D. to be so (or at the time of making the said representations, C.D. was insolvent, and knew himlelf to be so). (4) C.D. afterwards transferred the said goods to the defendant E.F. without considera- tion (or who had notice of the falsity of the representation). (As in paras. 4 and 5 of Form No. I) (7) The plaintiff claims- (I) delivery of the said goods, or E. , in case delivery cannot be had; (1) E. compensation for the detention thereof. No. :\3. W ARRANlY OF AREA A.B., the above-named plaintiff, states as follows: (I) On the day of 19 . the defendant sold to the plaintiff a certain piece of groond belonging to the defendant, situated at declared to coatain (. gashas). . (1) 1 he plallltill was thereby induced to purchase the same at the price of E. in the belief that the said declaration was true, and signed an agreement of which the . oriJinal is hereto annexed. But the land has not been transferred to bUn. (3) On the day of 19 .,the plaintiff p8id the defendant E. u part-or the purchase-money. (4) 'lbat the said piece of around contained in fact omy (17 pshu). (AI in paras. 4 and S of Form No. I) (7) The plaintiff claims - (1) E. , with interest from the day of 19 ., , (2) that the said agreement be delivered up and cancelled. No. 34. AN INJUNcrION RESTRAINING WASTE A.B.. the ahove-namtd rlaintiff. ~tat~ as follows (1) The plaintiff is the owner of (descirbe the property). (2) The defendant is in possession of the S81beunder a lease from the plaintiff. (3) The defendant has (cut down a number ofvaluab1e trees, and threatens to cat dowo many more for the purpose of sale) without the consent of the plaintiff. (AI in paraS. 4 and 5 of Form No. I). (6) The plaintiff claims that the defendant be restrained by injunction from commilWw or pennittiDJ any further waste on the said premises. (Pecuniary compensation may also be claimed) No. 35. INJUNcrION RISTRAJNING NUISANCE A.B., the above-named plaintiff, stata u follows: (1) Plaintiff is, and at aU the times bereinafter IDCDtioDedwas, the owner of (tile boule No. , Street, (2) The defendant is, and at aU the said times was. the owner of (a plot of pouDd in tile same street). (3) On the day of 19... tile defeodant erected upoD hiI uid plot a """""4 house. and still maintains the same; and from that day until the present dme has con- tinually caUlOd cattle to be brouabt aDd tilled there (aDd caUledtile tile blood aDd offal to be thrown into the street opposite the said house of the plaintiff. (4) In consequence the plaintiff has been c:ompeUed to a""'on the said house, and has been unable to rent the same. (AI in paru. 4 and 5 of Form No. I) (7) The plaintiff claims that the defendant be restrained by injunction from committiDa or pennittinl any further nuisaoce. No. 36. PUBUC NUISANCE A.B., tile above-named plaintiff, states u follows: (1) The defendant has wronaIy heaped up earth aDd stoDeI on a public I'OIIdbown .. Streetat 10U to obatnacttile at the publicalOlllthe ... ad threatenli IU1dintends, un!css restrained from IiU00iq, to continue aDd repeat tilt said wroDpu1 act. (2) (AI in paras. 4 and S of Form No. I). (4) The plaintiff claims - (1) a declaration that the defendant is DOtentitled to obstruct the JI8U8Ie of'the public . along the said public road; (Z, an IDJun\:110nrestraining the defendant from obItructing the JIUI8Ie of'the public along the said public road and directiDa the defendant to raDO\'e the earth 8Dd stones wrongfully heaped up as aforesaid. No. 37. INJUNCTION AGAINST THE DIVEItSION OF A WATD-cGVUE A.B., the above-named plaintiff, states as follows: (As in Form No. 26). . The plaintiff claims that the defendant be restraiDed by injunctioD from diWl1iDa the water as aforesaid. No. 38. RESTORATION OF MOVABLE PROPERTY THREATENED WITH DlSTRU- CTlON. AND FOR AN INJUNCTION A.B., the above-named plaintiff, states as follows: (1) Plaintiff is, and at all times hereinafter mentioned was, the owner of' (a portrait of his grand-father which was executed by an eminent puaintcr). and of wbic.b DOdup- licate exists (or state any facts showing that the property is of a kmd that. aumot be replaced by money). (Z) On the day of 19 , :be deposited the same for safe-keeping with the defendant. n (3) On the of day 19 , he demanded the same from the defendant and oj: fered. to pay all reasonable charges for the storaae ofthe same. (4) The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut or injure the same if required to deliver it up. (5) No pecuniary compensation would be a adequate compensation to the plaintiff for the loss of the (painting). (As in para~. 4 and S of Form No.1). (I) The plaintiff claims - (1) that the defendat. be restraiDed by injunction from'disposing of, injuring or coo- cealing the said painting); (2) that he be compelled to deliver the same to the plaintiff. No. 39. INTERPLEADER A.B., the above-named-plaintiff, states as follows: (1) Before the date C?fthe claims hereinafter mentioned G.H. deposited with the plai. tiff ( describe the property) for (safe-keeping). (2) The defendant C.D. claims the same (under an al1eaed assignment thereof to him from G.H.). (3) The defendant E.F. also claims the same (under a order of (i.H. tran51erllli Ihe same to him). ,ot, j he: plaIDllt1' is ignorant of the respective righ.. of the defendants. (5) He has no claim upon the said property other than for charaes and costs, ad is ready and willing to deliver it to such persons as the court sha1J direct. (6) The suit is not brought by collusion with either of the defendants. (As in paras. .. aDd S of Form No.1). (9) The plaintifF claims . (I) that the defendaats be ratraiDed, by iDjUDCtion,rrom takina any pror-'inp apiftst the plaintifF in relation tJ<:reao; (2) that they ~ required tI' .terpIad tCJldher CODCmIin!!their cIaimJ to the said pr0- perty: tJJ LII;IL:.ornepenon be autbor~ Lv r~-':I\': Lb.:>ill'" prvp.:rLy'pendina such litiption; (4) that upon delivcrina tbe same to such (penon) the plaintifF be discharpd rrom an liability to either or the clcrenclants in relation thereto. Ne.... AOMlNlSTltA11ON BYCUDlTOR ON 8DIAIJi'or HlMSEU ANDAIL anID CD:Drroas A.B., the above-named plaintifF, states as rollows: (I) E.F., late of , was at the time or his death, aDd his estate still is, indebted to the plaiatifF in the sum or E. . ....... (here inJcrt uatare or debt and ICICUrity,ihny). (2) E.F. died on or about the """ day of 19 . By his last will. dated the ....- day of .9 , be appointed C.D. his executor (or deviled his estate in trust, etc. or died intestate, as the case may be). (3) The will was probated by the c:ourt of on the day or 19 , (4) The clef'endaat bas roucsIcd himIcIr or the movable (and immovable, or the proco- eels of the immovable) property of E.F., and has not paid the plaintitT his debt. (As in paras. .. and S of Form No. t). (7) The plaintifF cIaimJ that an account may be taken of the movable (and immovablct property of E.F., deceased, aDd that the same may be administered under the dec:rcc or tbc c:ourt. Ne. 4.. ADMINISTRATION BY SPECIF1C LEGATEE (ALTDt FOItM No. 4D THUS)- (Omit parqrapb 1 aDd COIIIJI1CIK1e paraaraph 2) E.F., late or ,,"" , died on or about the , day or 19 . By his last will, dated the day of 19 be appointed C.D. his executor aDd bequeathed to the plaintitT (here state the specific Iepcy). For parqraph .. substitute - The defendaat is in poacssion of the movable property of E.F., and, amonpt other thinp, or the said (here Damethe su.- t of the SpecifICbequest). For the com~at or paraarapb 7 substitute- The plaiatilT claims that the defendant may be ordered to deliver to him the said (here name the subject or the SpecifICbequest), or that, etc. Ne. G ADMlNBl'RAnoN BY PECUNAitY LEGATEE (ALTDt P08M No. ... THUS)- (o.it 1 aDd subltitute ror puqrapb 2) E.F., late or died on or about the ~. dayor 19 .Byhislastwill,datedthe dayor 19 , he appointed CD. his executor, and bequeathed to the plaintiff a legacy ofE. ,. In paragraph 4 substitute" legacy" for "debt" No. 43. SPECIFIC PERFORMANCE (No. I) A.B., the above-named plaintiff, states as follows: (I) By an agreement dated the day of 19 and signed by the defendant, he contracted to bu of (or sell to) the plaintiff certain immovable property therein descri. bed and referred to, for the sum of E. '"'''''''''' (2) The plaintiff has applied to the delendant speeilically to perform the agreement on his part, but the defendant has not done so. (3).The plaintiff has been and still is ready and wilIing specifically to perfonn the agre- emment on his part of which the defendant has had notice. (Xs in paras. 4 and 5 of Form No. I) (6) The plaintiff claims that the court will order the defendant sPecifically to perronn the agreement and to do all acts necessary to put plaintiff in full possession .of the said property (or to accept a transfer and possession of the said property) and to pay the costs of the suit. No. 44. SPECIFIC PERFORMANCE (No.2) A.B., the above-named plaintiff. states as follows: (1) On the day of """ 19 , the plaintiff and defendant entered into an agn> ement, in writing, and the original document is hereto annexed. The defendant was entitled.to the immovable property described in the agreemenL (J) On the day of 19 , the plaintiff tendered E. to the defendant and demanded a transfer of the said property by a sufficient instrument (3) On the day of 19 , the plaintiff again demanded such transfer. (Or the defendant refused to transfer the same to the plaintiff). (4) The defendant has not executed any. instrument of transler. (5) The plaintiff is still ready and willing to pay the purchase-money of the sa,id property to the defendant. (As n paras. 4 and 5 of Fonn No. I). ,(8) The plaintiff claims - - (I) that the defendant transfers the said property to the plaintiff by a sufficient instru- ment (following the tenns of the agreement) (2) E. compensation for withholding the same. No. 45. PARTNERSHIP A.B., the above-named plaintiff, states as follows: (I) He and CD., the defendant, have been for years (or months) past carrying on bu- siness together under a partnership agreement in writing (or under a deed, or under a verbal agreement). (2) Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby it has become impossible to carry on the business in partner- ship with advantage to the partners (Or the defendant has committed the following breaches of the partnership agreement- It (I) (2) (}) (As in paras. 4 and S of Form No. I). (5) The plaintiff claims- (I) dissolution of the partnenhip; (2) that accounts be taken: (3) that a receiwr he appoint.:.!. (N.B. - In suits for the winding-up of any pannership, omit the' claim for di8oJutioe; and instead insen a paragraph staling .tlk: lacb 01 the partncnbip ba¥illl bem dissolved).. Denial. Protest. Limitation. JlIri~iction. Bankruptcy. Minority. Payment into court. Performancc remitted. D - STATEMEN1S OF DEFENCE GENERAL DEFENCES The defendant denies that (set out facts) The defendant does not admit that (set out facts) The defendantadmitsthat but -,. that The defendant denies that he is a partDer in the defendant finD ~ The defendant denies that be made the contract a11eFd or uy contract with the plaintiff. The defendant denies that he contracted with the plaiDtift' as a11eFd or atall. The defendant admits usets but not the plaintiff's claim. The defendant denies that the plaintift' sold to him tbo: I~ men- tioned in the plaint or any of them. The suit is barred by Art. of the Civil Code 1960. The court bas no jurddic:tioD to bear the suit on the IJOUDIIthat (set forth the grounds) On the day of , 19 , a diamond riD, wu de1iwred by the defendant to and acc:eptedby the plaintiff in discbarp of tile alleJed cause of action. The defendant has been adjudJed bankrupt. The plaintiff before the institution of the suit was adjud8Dd baD- krupt and the risbt to sue vested in the trustee. The defendant WIS a minor at the time of matioa the IIIe8d contract. The defendant as to the whole claim (or as to E. put of the money claimed,'or as the cue may be). bas paid into Court E. ..... and -,. that this sum is ea. to satisfy the pl8iDtifrs d8ia1(CI' the part aforaaid). 1be performance or the promile aUepd wu NlDitt8d on tile ("") Rescission. The contract was rescinded by agreement between the plaintiff and defendant. The plaintiff's claim is. barred by the decree in suit (give the refe- rence). Ground of defence Since the institution of the suit, that is to say, on the day of subsequent to institution of 19 (set out facts). of suit. ~es judicata. No, 1. DEFENCE IN S!1ITS FOR GOODS SOLD AND DELIVERED (1) The defndant did not order the goods. (2) The goods were not delivered to the defendant. (3) The price was not E. 4. ) (I. (or) 4. ) (5.) Except as to E. , same as 6. ) 13. (7) The defendant (or A.B. the defendant's apnt) satisfied the claim by payment before suil 10 Ihe: piainull lor 10 l. .0., the plaintifrs agenll on Ihe: day of 19 . (I) The defendant .satisfied the claim by payment after suit to the plaintiff on the day of 19....... No. 2. DEFENCE IN SUITS ON BONDS (I. (2. (I) The bond is not the defendant's bond. (2) The defendant made payment to the plaintiff on the day according to the condition of the bond. (3) The defendant made payment to the plaintiff after. the day named and before suit of the principal and interest mentioned in the bond. No. 3. DEFENCE IN SUITS ON GUARANTEES (1) The principal satisfied the claim by payment before suit. (2) The defendant was released by the plaintiff givin, time to the principal debtor in pursuance of a binding agreement. No. ... DEn:NCE IN AN\' StilT "'OR DEBT (1) As to E 800 of. the money claimed, the defendant is entitled to set off for goods sold and delivered by the defendant to the plaintiff. Particulars are as foUows: January 25, 1960 February 13, 1960 E. 500 E. 300 E. 800 (2) As to the whole (or as to E , part ofthe money claimed) the defendant made tender before suit of E. and has paid the same into court. No. 5. DEnNCE IN suns FOR INJURIES CAUsm BY NEGUGENT DRIVING (I) The defendant denies that the automobile mentioned in the Statement of claim was the defendant's carriage, and that it was driven by the defendant's servant. The auto- mobile belonged to of , and the person driving the said automobile was the servant of the said ................... (2) The defendant does not admit that the said automobile \\01' IlIrn.:J out 01 X Street either nealigently, suddenly or without warning,. or at a rapid or dangerous pace. (3) The defendant says the plaintiff might and could by the exercise of r~asonable calC and diligence, have seen the said automobile approaching him and avoided any co- lision with it. (4) The defendant does not admit the statements contained in the third paragraph of the plaint. No.6 DEFENCE IN ALL SUITS FOR WRONGS (1) Denial of the several acts (or matteR) complained of. No.7. DEFENCE IN SUITS FOR DETENTION OF GOODS (I) The goods were not the property of the plaintiff (2) The goods were detained for a lien to which the defendant. was entitled. Particulars are as foUows: 1965, May 3rd. To carriage of the goods claimed from Addis Abeba to Dire Dawa 60 kilos at E. 5 per kilo E. 300. ~o. 8. DEFENCE IN SUITS FOR INFRINGEMENT OF COPYRIGHf (I) The plaintiff is not the author (assignee. etc.) (2) The book was not rqistaed. (3) The defendant did not infringe. No. 9. DEFENCE IN SUITS FOR INFRINGEMENT OF TRADE MARK (I) The trade mark is not the plaintiff's (2) The alleged trade mark is not a trade marlc and was not registered (or no cautionary notice was issued). (3) The defendant did not infringe. No 10. DEFENCE IN SUITS RELATING TO SERVITUDES AND NUISANCES (I) There exists no servitude not to build in favour of the plaintiff (or deny his other a1Jeged prescriptive rights). (2) The plaintiff's lights will not be materially interfered with by the defendant's buil- dings. (3) The defendant denies that he or his servants pollute the water (or do what is comp- lained 00. (If the defeudant claims the right by prescription or otherwise to do what is. comp lained of, he must say so, and must state the grounds of the claim, i.e., whether by prescription. grant or what). (4) The plaintiff has beeu guilty of delays amounting to bad faith, in that: 1950. Plaintilrs mill began to work 1952. Plaintiff came into JIOs!lession 1960. First complainl. (S) As to the plaintilrs claim for damages the defendant will reply on the above grounds of defence, and says that the acts complained of-have not produced any damage m the plaintiff. (If other grounds are relied on, they must be stated, e.g., limitation as to past damage.) N.. 11. DEFENCE TO surr FOR SPECD1C PERFORMANCE (I) The defeudant did not euter into the allesed agreement. (2) A. B. was not the agent of the defeudant (if alleged by plaintif1). (3) The plaintiff has not performed the following conditions: (CONDmONSj (4) The defeudant did not (deny aliesed acts of part performance). (5) The plaintilrs title to the property agreed to be sold is not such as the defendant is bound to accept by reason of the following matter (state why). (6) The agreeinent is uncertain in the following respects (state them). (7) {or) The plaintiff has beeu guilty of delay. (8) (or) The plaintiff has beeu guilty of,(raud (or misrepresentation). (9) (or) The agreement is unconscionable. (10) (or) The agreemeut was eutered into by mistake. (11) The following are particulars of (7), (8), (9), (10), (or as the case may be). (12) The agreement was rescinded on . No. U. DEFENCE IN ADMINISTRATIONsurr BY PECUNIARYLEGATEE (I) A.B.'s will contained a cdarge of debts; he died insolveut; he was entitled at his death to some immovable property which the defendant sold and which produced the net sum of E. , and the testato: had some movable property which the defeudant got in, and which produced the net sum of E. (2) The defendant applied the whole of the said sums and the sum of E. which the defendant received from rents of the immovable property in the pay- ment of the funeral and testameDtaryexpenses and some of the debts of the testator. (2) The defeudant made up his accounts and sent a copy thereof to the plaintiff on the day of 19 , and offered the plaintiff free access to the vouchers to verify such accounts, but he declined to avail himself of the defendant's offer. (4) The defendant submits that the plaintiff ought to pay the costs of this suit. No. 13. PARTICULARS The following are the particulars of (here state the matters in respect ...................... of which particulars have been ordered) delivered pursuant to the order of the of particulars. (Here set out the particulars ordered in paragraphs if necessary). E - VERIFICATION OF PLEADINGS (ART. 91j I, , hereby declare that the facts stated in this claim (defence) are true to the best of my knowledge and belief. Date (signature and description of person verifying pJeadinp). F - ANNEXIS (ART. n3j IN THE ..., COURT OF A. B. VS. C. D. Declaration of plaintiff (defendant) as to documents on which he propoICI to ..., in support of his aim (defence). I hereby declare that in the case abovementioned I will introduce the rollowiDa documents in support of my claim (defence) : (or, as the case may be) I will introduce no documt'nt A. DOCUMENTS IN MY PQSSESSION OK POWER (I) Letter dated and signed by the defendant (plaintifl) (2) An agreement dated ..: signed by the plaintiff and the deCeadant. (3) Copy of a letter dated signed by me and ad4ressed to the deCeadant(pIaintifl) , ,.... ' '.'.."..' '...'........................................................................... .. DOCUMENTSIN 1111:POSSESSIONOR POWER f'r TI!, DEnNDANT (PLAINTIFFOR OTHERPEIISONAS n' . (;A~f: MAYU) (I) 1be originalof the letter mentionedin A (3) (2) A statementof accountsmade by M. N. , auditors (3) An order given by the MiJUJ&ryof Interior which is in the rec:ordI oflUda MiaiIIry. (4) A will dated which I know (or I believe) is in the P(1f I (08 01' poINI' of de- feadant (or other person), ,..................................................................................................... I hereby declare that in the cue abovementioDed I wiD caD the followiDa --""- in support of my claim (def'eoce) (or, as the cue may be) I wiDcaD DOwitDal. Name and address ot witness Purpose for whicb witnesa is caJlcct """""'"'''''' """"'.'"'..''''' I hereby certify this list to be complete. Date (signature) SECOND SCHEDULL PROCESS All the forms in this and tbe next Schedules must specify the name of the court, the number of the suit, the names of the parties and, wbere appropriate, tbe date of judgment. - Where a court consists of three judges who are required by law to act together, the word "judge" appearing in tbe said forms sball be amended to read "judges". - Where the said forms contain particulars which are inapplicable in any Jiven cue, such particulars shall be struck out. No.1. NOTICE TO PERSON TO BE ADDED AS CO-PLAINTIFF ( Art. 40 (1) ) To (Name, description and residence). WHEREAS ""'''' has instituted the above suit against for and whereas it appears necessary that you should be added as a plaintiff in the said s'¥t in order to enable the court effectually and completely to adjudicate upon and seuIe all the questions involved Take notice that you shouldon or beforethe ""'" day of 19 , sipiCyto this court whether you consent to be so added. Given under my band and the seal of the court. this day or ""'" 19 , Judge No. 1. NOTICE TO PARTIC JOINED AS RESPONDENT ( ART. 40 (1j j. "fo '''''''' (Name, description and residence)~ WHEREAS you were a party in Suit No. of 19 ""'"'' , in the court of .................. and whereas the has preferred an appeal to this court from the decree passed against him in the said suit and it appears to this court that you are interested in the result of the said appeal : This is to give you notice that this court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the day of ........ 19 , at If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence. Given under my hand and the seal or the court, this day of 19 ........ Judge No.3. SUMMONS TO LEGAL REPRESENTATIVE OF DECEASED DEFENDANT (ART. SOj To (Name, description and residence) WHEREAS the plaintiff ,..,." instituted a suit in this court on the , , day of ........ 19 , against the defendant who has since deceased, and whereas the said plaintiff has made an application to this court allegingthat you are the legal represen- tative of the said " deceased, and desiring that you be made the defendant in his stead; You are hereby summoned to attend in this court on the day .of 19 , at a.m. to defend the said suit and, in default of your appearance on the day specified, the said suit will be heard and determined in your absence. Given under my hand and the seal of the court, this day of 19 .............. No.4. NOTICE TO DEFENDANT ( ART. 70 j To (Name, description and residence) WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this court and you did not so appear, but from the return of the serving officer it has been proved to the satisfaction of the court that the said summons was served on you but not in sufficient time to enable you to appear on the day fixed in the said summons; Notice is hereby given to you that the hearing of the suit is adjourned this day and that the day of 19 is now fixed for the hearing of the same; in default of your appearance on the day last mentioned, the suit will be beard and determined in your absence. Given under my hand and the seal of the court, this day of .."... 19 ........... No. 5. SUMMONS FOR APPEARANCE OF DEFENDANT ( ART. ,. j To (Name, description and residence) WHEREAS has instituted a suit against you for you are hereby summoned to appear in this court in person or by a pleader duly instructed and able to answer all material questions relating to the suit, or who shall be acx:ompaniedby some ~rson able to answer all such questions, on the ,.. day of 19 ....... You must be prepared to produce on that day : (a) your statement of defence; (b) a list of all the witnesses you intend to call, statina their address and the purpose for which you intend to call them; (c) a list of all the documents on, which you intend to rely. Tate notice, that, in default of your appearance on the day before meatioaed or of your producing your statement of defeace or any evidence, the suit wiDbe beard and determined notwithstandini your default. Given under my hand and the seal of the court, this ,... day of 19 ........ Judge No. 6. ORDER SERVICE OF SUMMONS ON PRISONER OR MEMBER OF ARMED FORCES ( ART. 96 (lj j To the Superintendent of Prison at (Name and description), Commanding Officer at Under the provisions of Art. 96 of the Civil Procedure Code, 1965, a summons in duplicate is herewith forwarded for service on the defendant who is ....... a prisoner in prison (or serving under you). You are requested to cause a copy of tbe said summons to be served upon the said ,. and to return the original to this court signed by the said with a statement of service endorsed thereon by you. Judge. No.7. AFFIDAVIT OF SERVING OFFICER ON RETURN OF SUMMONS ( ART. 104 j The affidavit of " son of .......................... I make oath and or affirm and say as follows :- (1) I am a serving officer of this court. (2) On the day of 19 I received a summons issued by the court of in Suit No. of 19 in the said court. d~ted the day of. 19 for service on ........... (3) The said i was at the time personally known to me, and I served the said 'I1m'l1<""'OO him . 00 the d:l\' c>f. 1~ ~t ahc>ut ..."... o'clock in the noon at by tendering a copy thereof to him or her and requiring hisor her signature to the original summons her her (a) ...................................................................................................................... (b) ...................................................................................................................... (a) Here state whether the person served signed or refused to sign the process, , and in whose presence. (b) Signature of serving officer. ...................................................... Or ............................................................ (3) The said .., not being personaUyknown to me .." accompanied m'. to .......... and pointed out to me a person whom he stated to..bethe said ." and j served the said summons on him her on the day of 19 , at about " o'clock in the noon at .......................... r7 by tendering a copy thereof to him or her and requiring his or her signature to the ...... original summons. (a) ............................................................. (b) ""'"'''''''''''''''''''''''''''''''''''''''''''''' (a) Here state whether the person served signed or refused to sign the process and in whose presence. (b) Signature of serving officer. Or, ......................................................... (3) The said ..., and the house in which he ordinarily resides being personally known to me. I went to the said house in and there on ihe day of ............ 19 ""'"'' at about o'dock in the """" noon, I did not find the: said .............. (a) .................................................................................................................. (1'» ,............................................ (a) Enl~r fully and exactly the manner in which the rrOCf'ss was served, with special reference to Arts. 101, 102 (2) and 103. (b) Signature of serving officer. Or, ........................................................... (3) One accompanied me to and there pointed out to me which he said was the house in which ordinarily resides. I did not find the said there. (a) , ,....................................................... (b) ...................................................................................................................... (a) Enter fully and exactly the manner in which the process was served, with special refe.cnce to Articles 101, 102 (2) and 103. (b) Signature of serving officer. ...................................................... Or, ,...,........... If substituted service has been ordered, state fully and exactly the manner in which the summons was s rved with special reference to the terms of the order fnr suhstitllt~d service. <;" """ .",,! ". '''fOrmed hv the said. . this day of 19...................... before me ""'''', empowered under Art. 206 of the Civil Procedure Code, 1965. to administer the oath to deponents. No.8. ORDER FOR SERVICE OF SUMMONS IN JURISDICTION OF OTHER COURT ( ART. 107 (I) ) WHEREAS it is stated that defendant in the above suit is at present residing in : It is ordered that a summons returnable on the ........ day of 19 , be forwarded to the court of for service on the said with a duplicate of this proceeding. Dated " 19 .............. Judge. No.9. ORDER FOR SERVICE OF SUMMONS ON PUBLIC SERVANT OR EMPLOYEE ( ART. 109 ) To (Name, description and residence) Under the provisions of Art. 109 of the Civil Procedure Code, 1965, a summons in duplicate is herewith forwarded for service on the defendant ,... who is stated to be serving under you. You an: requested to cause a copy of the said summons to be served upon the said . and to return the original to this court signedby the said with a statement of service enddrsed thereon by you. Judge. No. 10. SUMMONS TO WITNESS (ARTS. 111 AND 114) To (Name. description and residence) WHEREAS your attendance is required to give evidence and or to produce (describe document) on behalf of the in the above suit. you are hereby required (personally) to appear before this court on the day of 19 ....... at o'clock in the forenoon, and to bring with you (or to send to this "'''''''''' court) the said document. A sum of E. being your travelling and other expense$ and subsistence allowance for one day. is herewith sent. If you fail to comply with this order without lawful excuse. you ",,;11be subject to the consequences of non-attendance laid down in Art. 442 of the Penal Code of 1957. Given under my hand and the seal of the court, this day of !!' , Judge. Notice;- (I) if you are ..ummoned only to produce a document and not give evidence, you shall be deemed to have complied with the summons if you cause such dovument to be produced in this court on the day and hour aforesaid. G (2) If you are detained beyond, the day' aforesaid, a sum of E. will be tendered to you for each day's attendance byond the day specified. No. 11. WARRANT OF ARREST OF WITNESS (ART. 118 (2) ) To the Chief Police Officer of the Taklay Guezat of and all other police officers. WHERE"S .w', hds been duly served with a summons but has failed to atteno (absconds and keeps oct uf the way for the purpose of avoidinl! service of a slImmons); You are hereby ordered to arrest and bring the said before the court. You are further ordered to return this warrant on or before day of 19 with an endorsement cen.fying the day on and the manner in which it has been executed or the reason why it has not been executed. Given under m y hand and the seal of the court, this day of 19 . » No. 11.WAIUtANTOF COMMmAL (UT. I. (2) ) To the Superintendent of Prison at WHEREAS the plaintiff' (or defendant) ill the above-named suit has made application to this court that security be taken for tlk- appearance 01 .., to Jive evidence (or to produce a document). on the day of .., 19 . " whereas the court has called upon the said to eXCc:utea bond. which he has refused to do; This is to require you to receiYf:the said , into your custody in the civil prison and to produce him before this court al on the said day and on such other day or da)" as may be hereafter ordered. Given under my hand and the Stellof the court. this day of 19 . Judge. No. 13. WARRANT OF .COMMITTAL (ART. 121) To Ihe Superintendent of Prison at WHEREAS . whose attendance is required before the court in the above-named case to give evidence (or to produce a document) has been arrested and brought before the court in custody; and w~reas owing to the absence of the plaintiff' (or defendant). the said cannot give such evidence (or produce such d0- cument): and wh!:rp.asthe court has called upon the said ,,,,,,,,,, to execute It bond for his appearance on the day of 19 .., . at which he has refused to do; This is to require you to receive the said , inlt> ~our cusll>d} in the civil prison and to produce him before this court at on the day lM 19 ~ . . Given under my hand and the seal of the court..lhis day of ",'''''' 19 . No. 14. WARRANT OF ARR.EST BEFORE JUDGMENT (ART 14"7\ (Description of officer entrusted with execution of Warrant) WHEREAS . the plaintiff'in the above suit. claiRb 1110:~um of E. ....... and has proved to the satisfaction of the court that there is probable cause for t.cleiv- ing that the defendant is about to ; These are to command you to demand and receive from the said the sum of E. as sufficient to satisfy the plaintitrs claim. and unless the said sum of E. is forthwith delivered to you by or on behalf of the said .to take the said ". into cu';tody. and to bring him before this court. in order that 110:may show causc why he ..hollid not fllrni..h 'ieCurity to the amount of E. for hi.. personal sf'- Jl':arance before the court. until such time as the said suit shall be fully and tinally disposed of. and until satisfaction of any decree that may be passed against him in the suit. Given under my hand and the Seal of the court. this day of 19 . JudF JO No. IS. SUMMONS TO DEFENDANT TO APPEAR ON SURETY'S APPLICATION FOR DISCHARGE (ART. 149) To (Name, description and residence) WHEREAS , who became surety on the day of .9...... for ~our appearance in the above suit. has applied to this court to be discharged from his obligation: Y01l arl' hl'rdw <1Immom'li 10 apfI('ar in Ihi< C(1url ;n ",'r<ol; on thl' Ii:,,' of 19 . at .wh.:n th.: said applical10n will be heard and determined. Given under my hand and the seal of the court. this """""""" day of 19..... Judge. No. 16. ORDER FOR COMMITTAL (ART. 150) To (Name. description and residence) WHERFAS ... plaintiff in this suit. has made application tn the (',.."., that security be taken for the appearance of "...the defendant, to answcr any judgment that may be passed agamst him 111the suit; and whereas the court has called III'°n Ihl' defendant to fllrni<h '"ch 'l'cllril\ M tn offl'r a 'lIfficil'nl IIl'pnsit in licu 01 SC:ClIlIly.whi...h h,' !,;lS refused to do; 1\ IS ord.:rcd that the said detendant be committed to th<: civil prison until the decision of the SUI\; or. if judg- ment be pronounced against him. until satisfaction of the decree. Given under my hand and the seal of the court. this day of 19 ..... Judge. No. 17. SUMMONS IN SUMMARY SUIT ON NEGOTIABLE INSTRUME"'T (ART. 28S) To (Name, description and residence) WHEREAS has instituted a suit against you under Art. 284 of the code of Civil Procedure for E. balance of principal and interest due. to him as the of a ,. of which a copy is hcreto annexed, you are h.:rcby summoned to obtain leave from the court within ten days from the service hereof to appear and defend the suit, and within such time to cause an appearance to be entered I'm ~ou.. In defawt whereof the plaintiff will be entitled at any time after the cxpiration or such ten days to obtOliil 01decree for any sum not exceeding the sum of E. and the sum of E. for costs (together with such interest. if any from thc date of). Leave to appear m:l} be obtained on an application to the court supported by affidavit or declaration showing that there is a defence to the suit on the merits. or that it is reasonable that you should be allowed to appear in the suit. Given under my hand and the seal of the court. this day of 19 . No. 18. NOTICE TO RESPONDE:'IIT ~F DAY FIXED FOR HEARING OF APPEAL (ART. 338) Appeal from the of the court of dated the day of ..... 19 . To (Name. description and residence),. Respo,ndel1l. Take notice that an appeal from the decree of in this case has been presented by and registered in tHis court. and that the dilY"I' 19 has been fixed by this court for the hearing of this appt:.II. If no appearance is made on your behalf by yourself. your pleader. or by some one by law authorised to a.:t for you in this appeal. it will be heard and decided 111 Y°'ll absence. Given under my hand and the seal of the court. this day or 19. Judge (Note.- If a stay of execution has been ordered. intimation should be given of [he fact on this notice). THIRD SCHEDULE. MISCELLANEOUS FORMS No. I. LETIER OF REQUEST (ART. 112) To the President of the Court of , . WHEREAS a suit is now pending in the """":"""" in which A.B. is pial/IIIII and C.D. is defendant; And in the said suit the plaintiff claims (summary of dailn) And whereas it has been representtd to th<!,;aid court that iUs neccssary for the purposes of justi~ and for the due determimuion of the mailers in dispute betv.een the parties. that the following persons should. be examined as witnesses upon oath touching such matters. that is.to say: E.F. of '"'''''''''''-''''''''''''''''''''' G.H. of and I.J. of ......................................... I.J. of """'''''''''''''''''''''''''''''''''''' And whereas it appears that such witnesses arc resident within the jurisdICtion of your honourable court: Now I . as the of the said court. have the honour to re4uesl. and do hereby request. that for the reasons ilforesaid and for the ilssistance of the said court. you summon the said witness to attend. at such time and place it' \011 slwl! al'roint hefore <ome one or more of vou or such other person as according to the procedure of your court is competent to take the examination of witnesses. and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said mailers in question in the presence of the agants of the plaintiff and defendant. or such of them as shall. on <tilt' notiC'\' !!ivt'. attend such examination. And I further have the honour to request that ~ou ""uso.:the "II""" ,., Ille s,lIl.! witnesses to be reduced into writing. and all books lellers. papers and documents produ~d upon such examination to be duly marked for identification. and that you authenticate such examination by the seal of your Coun or In such other way as IS in accordance with your procedure and to return the same. together with such request in writing. if any. Tor the examination of other witnesses through the Ministry of Foreign affairs of the Imperial Ethiopian Government to the said court. No.1. COMMISSION TO EXAMINE WITNESS (ART. 127) To (Name. description and residence) (or as the case may be) To the court of WHEREAS the evidence of is rfquired by the in the above suit; and whereas ; you are requested to take tll.: evidence on interrogatories (or viva voce) of such witness .and you are her..by appointtd Commissioner for that purpose. The eviden~ will be taken in the presence of the parties or their agents if in attendance who will be at liberty to question the witness on the points specified. and you are further requested to make return of such evi(kncc ,", "'l '11 as it may be takt.n. (where the commission is not executed by a court) Process to.compel the attendance of the witness will be issued by any coun ha\lng jurisdiction on your application. A sumoI' E. ..., to cover the expenses in the above. is here\\lth f'H\\arJcJ Given under my hand and the seal of the court. this. . day 01 . . 19 . Judge. No.3. COMMISSION FOR LOCAL INVESTIGATION OR EXAMINATION OF ACCOUNTS (ART. 132 AND 1)4) To (Name. description and residence) (or as the case may be) To the courl 01 WHEREAS it is deemed requisite. for the purposes of this suit. that a commission for , should be issued: You are hereby appointed Commissioner for the purpose (where the commission is not executed by a court) Process to compel the attendance before you of any witnesses. or for the produ- ction of any documents whom or which you may desire to examine or inspect. will be issued by any court having jurisdiction on your application A sum of E. cover the expenses III the above. IS herewith forwarded. Given. under my hand the seal of the court. this day of 19......... Judge. No.4. SECURITY FOR APPEARANCE OF DEFENDANT ARRESTED BEFORE JUDGMENT (ART. 148) WHEREAS at the instance of . the plaintiff in the above SUIt. . the defendant..has been arrested and brought before the court: And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance. the court has ordered him to furnish such security: Therefore I have voluntarily become surety and do hereby bind myself, my heirs and executors. to the said court, that the said defendant shall appear at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the said suit: and in default of such appearance I bind myself. my heirs and executors. to pay to the said court. at its order. any sum of money that may be adjudged against the said defendant in the said suit. Witness my hand at this day of 19 . (Signature) Witnesses. I. 2. J4 No.5. AlTACHMENT BEFORE JUDGMENT (ARTS. 151 AND 152) To the Execution Officer WHEREAS has proved to the satisfaction of the court that the defendant in the above suit Tbese ate to command you to call upon the said defendant "'"'''''''' on or before the day of III """"""'''' '"'' either to furnish security for the sum of E. 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 against him; or to appear and show cause why he should not furnish security and you are further ordered to attach the said and keep the same under safe and secure custody until the further order of the court; and you are further commanded to return this warrant on or before the day of ""'''''''''''''' 19 , with an endorsement certifying the date on which and the manner in which it has been executed, or the reason why. it has not been executed. (Or as the case may be) WHEREAS , the plaintiff in this suit. has applied to the court to call upon .the defendant, to furnish security to fulfil any decree that may be passed against him in the suit. and whereas the court has called upon the said to furnish such security, which he has failed to do; These are to com- mand you to attach the property specified in the schedule hereunto annexed of the said , and keep the same under safe and secure custody. until the further order of ,the court; and you are further commanded to return this warrant on or before the day of 19 .with an endorsement certifying the date on which and the manner in which it has been executed. or the reason why it has not been executed. Given under my hand and the seal of the court. this day of 19 Schedule Judge No.6. SECURITY FOR PRODUCTiON OF PROPERTY (ART. 151) WHEREAS at the instance of . the plaintiff in the above suit. ............. the defendant has been directed by the court to furnish security in the sum of E. ..... to produce and place at th.: UI)PU:HIIul III': ,;uun III': prup.:n) )p.:,;III':u In the schedule hereunto annexed : Thereofore I have voluntarily become surety and do hereby bind myself. my heirs and executors. to th.. said court. that the said defendant shall produce and place at the disposal of the court, when required, the property speciflCd in the said schedule. or the value of the same, or such portion thereof as may be sutrlcient to satisfy the decree; aDd in default of his so doing I bind myself, my heirs and executors. to pay to the said court, at its order. the said sum of E. ...... or such sum not exceeding the said sum as the said court may adjudge. Schedult Witness my hand at this day of 19 . (Signature) Witnesses. I. 2. No.7. TEMPORARY INJUNCTIONS (ART. 154) Upon application dated the day of 19 made to this court !>y plaentiff and upon reading the said application (or the statement of claim filed in this suit on the day of 19 , or the reply of the said plaintiff filed on the day of ,. 19 , and upon hearing the evidence of and in support thereof (if after notice and defendant not appearing; add, and also the evidence of as to service of notice upon the defendant): This court orders that an injunction be awarded to restrain the said defendant., his servants, agents and workmen, from pulling down, or suffering to be pulled down, the house in the state- ment of claim in the said suit of the plaintiff mentioned (or in the reply, or application of the plaintiff and evidence at the said hearing), being No. 10, Street, in ..... and from selling the materials whereof the said house is composed, until the hearing of this suit or until the further order of this court. Dated this day of 19 . Judge. (Where the injunction is sought to restrain the negotiation of a note or bill, the order- ing part of the order may run thus:-) to restrain the said defendant~ and from parting with out of the custody of them or any of them or endorsing, as- signing or negotiating the promissory note (or bill of exchange) in question, dated on or about the . etc.. mentioned in the plaintiffs statement of claim (or application and evinence, etc) until the hearin~ of this suit, or until the further ord..r of this court. (In copyright cases) to restrain the said defendant his servants, agents or workmen, from printing, publishing or selling a book , from or any part thereof, until the, etc. (Where part only of a book is to be restrained) to restrain the said defendant, his servants, agents or workmen, from printinlt, publishing selling or otnerwise disposing of such parts of the book in the statement 1>fclaim (or application, P.tc) meJltionerl to have been published by the defendant as hereiJlaft~r specified, namely, that part or the said book which is entitlea and also that part which is entitled (or which is contained in page to page both inclusive) until ;., etc. (In Patent cases) toresttain the said defendant, his agents, servants and work- men, from making or selling any perforated bricks (or as the case may be) upon the principle of the inventions in the plaintifrs statement of .:Iaim (or application, etc.) mentioned, belonging to the plaintiffs, or either of them, during the remamaer of the respective terms of the patents in the plaintifrs statement of claim (or as the case may be) mentioned, and from counterfeiting, imitating or resembling the same inventions, or either 'Of them, or making any addition thereto, or subtraction there- from, until the hearing, etc. (In cases of Trade marks) to restrain the said defendant, his servants, agents or workmen, from selling, or exposing for sale, or procuring to be sold, any composition or blaoking (or as the case may be) aescribed as or purporting to be blacking manufactured by the plaintiff if>bottles having effied thereto such labes as in the plaintiffs statement of claim (or application, etc.) mentioned, or any other labels so contrived or expressed as, by colourable imitation or otherwise, to represent represent the compositlon or blacking sold by the defendant to be the same as the composition or blacking manufactured and sold by the plaintiff, and from using trade cards so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the defendant is the same as the composition or blacking manufactw-ed or sold by the plaintiff until the. etc. no restrain a partner from In any way interfering in the business) to res- train the said defendant, his agents and servants, from entering into any contract and from accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the partnershim-fmn of and from contracting any debt, buying and seIling any goods, and from mak:lng or entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, any.act, in the name or on the credit of the said partnership-firm of, or whereby the said partnership-firm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the oerformance of any contract, promise or undertaking until the, et( No. II APPOINTMENT OF RECEIVER ( ART. 166 j To (Name, descrip~on and residence) WHEREAS has been attached in execution of a decree passed in the above suit on the day of 19 , in favour of ; You are hereby (subject to your giving security to the satisfaction of the .court) appointed receiver of the said property under Art. 166 of the Civil Procedure Code , 1965, with full powers under the provisions of that Article. You are required to render a due ana prooer account of your receipts and disbur- sements in respect of the S8ld property on You will be entitled to remuneration at the rate of per cent upon your receipts under the authority of this appointment Gi~ under my hanG and the Ie8l of the court, this day of 19 ....... Judge. No. 11. NOTICE TO ADMIT DOCUMENTS ( ART. 240 ) Take notice that the plaintiff ( or defendant) in this suit proposes to adduce in evidence the several documents hereunder specified, and that the same may be ins- pected by the defendant (or plaintiff) his pleader or agent, at on between the hours of ; and the defendant (or plaintifJ) is hereby required, within forty- eight hours from the last-mentioned hour, to admit that such of the sairi documents as are specified to be originals were respectively written, signed or executed, as they purport respectively to ha"e been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered were so served, sent or delivered, respectively, saving all just exceptions to the admissibility of all such documents as evidence in this suit. G. H. Pleader (or agent) for plaintiff (or defendant). To E. F., pleader (or agent) for defendant (or plaintifJ). (Here describe the documents and specify as to each document whether it is ori- ginal or a copy). No. 12. AGREEMENT OF PARTIES AS TO ISSUES TO BE TRIED (ART. 252) WHEREAS we, the parties in the above suit, are agreed as to the question of fact (or of law) to be decided between us and the point at issue between us whether a a claim founded on a bond dated the day of '"'''' 19 and filed as Exhibit in the said suit. is or is not beyond the law of limitation (or state the point at issue whatever it may be) : We therefore severally bind ourselves that, upon the finding of the court in the negative (or affirmative) of such issue. will pay to the said the sum of E. (or such sum as the court shall hold to be due there on) and 2, the said ..... will accept the said sum of E. ""'" (or such sum a1;the court shall hold to be due) in full satisfaction of my claim on the bond aforesaid (or that upon such finding (, the said , will do or abstain from doing, etc etc.) Plaintiff Defendant Witnesses;- l. 2. Dated the "'"'' day of 19 ....... No. 13. FORM OF OATH ( ARTS. 261 AND 262) Form of oath of witness ". swear ( affirm) that the evidence. shall give before this court shall be the truth, the whole truth and nothing but the truth." Form of oath of interpreter .. . swear ( affirm) that. shall truthfully and to the best of my ability interpret the evidence that shall be given before this court ( the proceedings before this court)." No. 14. NOTICE TO PARTIES OF DAY FIXED FOR EXAMINING WITNESS ABOUT TO LEAVE JURISDICTION ( ART. 265 j To (Name. description and residence) Who:reas in the above suit application has been made to the court by that the examination of a witness required by the said , in the said suit may be taken immediately; and it has been shown to the court's satisfaction that the said witness is about to leave the court's jurisdiction (or any other good and sufficient cause 10 be stated); TAKE notice that the examination of the said witness will be taken by the court of the day of ". 19 ...... Dated the .."... day of 19 ,. Judge. No. IS. NOTICE OF PAYMENT INTO COURT ( ART. 281 J TAKE notice that the defendant has paid into court E. and says that The sum is sufficient to satisfy the plaintilrs claim in full. X.Y., Pleader for the defendant. To Z., pleader for the plaintiff. No. 16. SECURITY BOND ON ORDER FOR STAY EXECUTION ( ART. 335 j This security bond on stay of execution of decree executed by witnesseth :- That . the plaintiff in Suit No. of 19 ...,. having sued, the defendant in this court and a decree having been passed on the day of 19 in favour of the plaintiff. and the defendant having preferred an appeal from the said decree, in the court the said appeal is still pending. Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application praying for stay of execution and hp.3 been called upon to furnish security. Accordingly I, of my own free will, stand security to extent ofE. mortgagmg the properties specified in the schedule hereunto ar.nexed, and under- take that if the decree of the first court be confirmed or varied by the Appellate Court the said defendant sh~lI ~Lliyact in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due. I and my legal representatives will be personally liable to pay the balncc. To this effect I execute this security bond this day of 19 .... Schedule (Signature) WItncsses. I. 2. No. 17. SECVRfTY 801'1001'1 ORDER FOR EXECUTION PENDING APPEAL (ART. 336) This. security bond on stay of execution of decree executed h~ witnesseth :. That . the plaintiff in Suit No. '"'''''''''' of 19 ... . having >ue:d the dell'ndant. 10 th1>court and a decree: having been passed on the '"'' day of f9 : in favour of the plaintiff. and the defendant having pre- ferred an appeal from the said decree in the. CqUit. the said appeal is still pending. I Now the plalOtiff decree-holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly I. of my own free will, stand security to the extent of E. ""'''''' mortgaging the properties specified in ,he >ehedule hereunto annexed. and undertake that if the decree of the first court be reversed or varied by the Appellate Court. the plaintiff shall restn' c any property which may be or has been taken in execution of the said decree and shall duly act 10 accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder. and if he should fail therein then any amount so payable shall be realised from the prorcrties hereby mortgaged. and if the procleds of the sale of the said properties .Ire insuflicient to pay the amount due. I and my legal representatives will h~ personally liable to pay the balance. To this effect I execute this secur;:, hond this. day of f9 ..... Sched ule (Signature) Witnesses. I. 2. No. 18. APPLICATION FOR LEAVE TO SLE AS A PAUPER (ART. 468) In the Court of ................................ (f) I. the undersigned pauper in this Court. (2) My claim is f9r (here. state cause of actIOn such as - -for E. given on loan. . -for the possession of a plot of land at measunng . of the value of E. -for damages for injuries sustained in the course of my employment) (3) My claim is against (name of defendant) whose address is ................ (4) In support of my claim I have- . (a) documents, a copy of which is attached hereto; and/or (b) the following witnesses: (name, description and residence). . herehv make application to institute proceedings as a !81 (5) As appears from the affidavit dated " attached to this application, I have no means to pay the whole (or part) of the court fees or other fees or charges in the proceedings connected with my claim. AFFIDAVIT Date ,............ (signature) I (name) years old, of (address) do take oath and state as follows: (1) I am (trade, profession or occupation). (2) My income is E. (per month). 0' (2\ [ have no income whatsoever. (here state source of income, such as: salary as an employee of ...... rents or crops from land) (3) I have no immovable property (4) I have no movable property: I have no cattle I have no money deposited in a bank nor cash in hand. I have no money due to me. I have no gold, jewellery , or other valuable property of any nature. (5) I pay E. as rent for the dwelling I live in. (6) I am married and I su pport the following children and/or dependents: (name children and/or dependents). or (3) I have the following immovable property (state area, locality and value). or (4) I have the following movable property: (mention what property such as cattle, money depcsited in a bank or cash in hand gold, jewellery or other "Iuables and state the value) or (5) I pay no rent for the dwelling I live in. ur (6) I am not married and I do not support any dependents (or as the case maybe) (7) Apart from the interest in li,e suit to which my application to sue as a pauper refers (and apart from the property mentioned above), I have no other property. (signature of deponent) , Sworn and signed before me this day of 19 , after the above had been read out and explained to the deponent (name) (signature of officer) No. 19. :'IIOTICE OF DAY FIXED FOR HEARI~G EVIDE:\CE OF PAlPERISM