THE CIVIL PROCEDURE CODE APPLICABLE TO NEGOTIABLE INSTRUMENTS. (ACT XIV OF 1882.) §. 29. The plaintiff may at his option join as parties to the same suit, all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange, hundis, and promissory notes. 43. Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court. If a plaintiff omit to sue in respect of, or intentionally relinquish, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished. A person entitled to more than one remedy in respect of the same cause of action may sue for all or any of his remedies; but if he omits (except with the leave of the Court obtained before the first hearing) to sue for any of such remedies, he shall not afterwards sue for the remedy so omitted. For the purpose of this section, an obligation and a collateral security for its performance shall be deemed to constitute but one cause of action. 59. If a plaintiff sue upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall, at the same time, deliver the document or a copy thereof to be filed with the plaint. If he rely on any other documents (whether in his possession or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added or annexed to the plaint. 60. In the case of any such document not in his possession Statement in or power, he shall, if possible, state in whose possession or power it is. case of documents not in his possession or power. Suits on lost negotiable instruments. Inadmissibility of document not produced when plaint filed. Documentary evidence be to in readiness at first hearing. Effect of nonproduction of documents. In suits for money, decree may order cer tain interest to be paid on prin. cipal sum adjudged. Payment by instalments. Order, after § 61. In case of any suit founded upon a negotiable instrument, if it be proved that the instrument is lost, and if an indemnity be given by the plaintiff to the satisfaction of the Court against the claims of any other person upon such instrument, the Court may make such decree as it would have made if the plaintiff had produced the instrument in Court when the plaint was presented, and had at the time delivered a copy of the instrument to be filed with the plaint. (See Sec. 81 of the Act, ante, p. 123.) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit. Nothing in this section applies to documents produced for cross-examination of the defendant's witnesses, or in answer to any case set up by the defendant, or handed to a witness merely to refresh his memory. 138. The parties or their pleaders shall bring with them, and have in readiness at the first hearing of the suit, to be produced when called for by the Court, all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all documents which the Court at any time before such hearing has ordered to be produced. 139. No documentary evidence in the possession or power of any party, which should have been, but has not been, produced in accordance with the requirements of section 138, shall be received at any subsequent stage of the proceedings, unless good cause be shewn to the satisfaction of the Court for the nonproduction thereof. And the Judge receiving any such evidence shall record his reasons for so doing. 209. When the suit is for a sum of money due to the plaintiff, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate as the Court, deems reasonable on the aggregate sum so adjudged, from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit. 210. In all decrees for the payment of money, the Court may, for any sufficient reason, order that the amount shall be paid by instalments, with or without interest. And after the passing of any such decree the Court may, on the application of the judgment-debtor, and with the consent of decree, for paythe decree-holder, order that the amount decreed be paid by ment by instalinstalments on such terms as to the payment of interest, the attachment of the property of the defendant, or the taking security from him, or otherwise, as it thinks fit. Save as provided in this section and section 206, no decree shall be altered at the request of parties. Execution of Decrees. ments. § 261. If the decree be for the execution of a conveyance Decree for inor for the indorsement of a negotiable instrument, and the dorsement of judgment-debtor neglects or refuses to comply with the decree, negotiable inthe decree holder may prepare the draft of a conveyance struments, &c. indorsement, in accordance with the terms of the decree, and deliver the same to the Court. or The Court shall thereupon cause the draft to be served on the judgment-debtor in manner herein before provided for serving a summons, together with a notice in writing stating that his objections, if any, thereto, shall be made within such time (mentioning it) as the Court fixes in this behalf. The decree holder may also tender to the Court a duplicate of the draft for execution upon the proper stamp paper, if a stamp is required by law. On proof of such service, the Court, or such officer as it appoints in this behalf, shall execute the duplicate so tendered, or may, if necessary, alter the same so as to bring it into accordance with the terms of the decree, and execute the duplicate so altered. Provided that if any party object to the draft so served as aforesaid, his objections shall, within the time so fixed, be stated in writing, and argued before the Court, and the Court shall thereupon pass such order as it thinks fit, and execute, or alter and execute, the duplicate in accordance therewith. § 262. The execution of a conveyance, or the indorsement Form and effect of a negotiable instrument by the Court under the last pre- of indorsement ceding section, may be in the following form: "C. D., Judge by court. (or as the case may be), for A. B., in of the Court of Of Attachment of Property. 266. The following property is liable to attachment and sale Property liable in execution of a decree (namely), lands, houses, or other to attachment buildings, goods, money, bank-notes, cheques, bills of exchange, and sale in ex. hundis, promissory notes, Government securities, bonds or other cution of Attachment of securities for money, debts, shares in the capital or joint-stock / of any railway, banking, or other public Company or Corporation, and, except as hereinafter mentioned, all other saleable property, moveable, or immoveable belonging to the judgmentdebtor, or over which or the profits of which he has a disposing power which he may exercise for his own benefit, and whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf. § 270. If the property be a negotiable instrument, not in negotiable in- deposit in a Court, the attachment shall be made by actual seizure, and the instrument shall be brought into Court, and held subject to the further orders of the Court. struments. Rules as to negotiable instruments. Delivery of instruments Sale of Moveables in Execution. § 296. If the property sold be a negotiable instrument, or a share in any public company or corporation, the Court may instead of directing the sale to be made by public auction, authorize the sale of such instrument or share through a broker at the market rate of the day. §. 299. When the property sold is a negotiable instrument, or other movable property of which actual seizure has been actually seized. made, the property shall be delivered to the purchaser. Transfer of negotiable instruments. Institution of on bills and notes. § 302. If the indorsement or conveyance of the party in whose name a negotiable instrument, or a share in any public company is standing, is required to transfer such instrument or share, the Court may indorse the instrument or the certifi cate of the share, or may execute such other document as may be necessary. The indorsement or execution shall be in the following form, or to the like effect: "A. B. by C. D., Judge of the Court of (or as the case may be) in a suit by E. F. against A. B." Until the transfer of such instrument or share the Court may by order appoint some person to receive any interest or dividend due thereon, and to sign a receipt for the same, and any indorsement made, or document executed, or receipt signed as aforesaid, shall be as valid and effectual for all purposes as if the same had been made, or executed, or signed by the party himself. Summary Procedure on Negotiable Instruments. § 532. In any Court to which this section applies, all suits summary suits upon bills of exchange, hundis or promissory notes may, in case the plaintiff desires to proceed under this chapter, be instituted by presenting a plaint in the form prescribed by this code; but the summons shall be in the form in the fourth schedule hereto annexed, No. 172 or in such other form as the High Court may from time to time prescribe. In any case in which the plaint and summons are in such forms respectively, the defendant shall not appear or defend the suit unless he obtains leave from a judge as hereinafter mentioned so to appear and defend. And in default of his obtaining such leave, or of appearance and defence in pursuance thereof, the plaintiff shall be entitled to a decree for any sum not exceeding the sum mentioned in the summons, together with interest at the rate specified (if any) to the date of the decree, and a sum for costs to be fixed by a rule of the High Court, unless the plaintiff claims more than such fixed sum, in which case the costs shall be ascertained in the ordinary way, and such decree may be enforced forthwith. The defendant shall not be required to pay into Court the sum mentioned in the summons, or to give security therefor, unless the Court thinks his defence not to be prima facie sustainable or feels reasonable doubt as to its good faith. Explanation. This section is not confined to cases in which the bill, hundi, or note sued upon, together with mere lapse of time, is sufficient to establish a primâ facie right to recover. fence on merits to have leave to appear. § 533. The Court shall, upon application by the defendant, Defendant give leave to appear and to defend the suit, upon the defendant showing depaying into Court the sum mentioned in the summons, or upon affidavits satisfactory to the Court, which disclose a defence or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court may deem sufficient to support the application; and on such terms as to security, framing and recording issues, or otherwise, as the Court thinks fit. § 534. After decree the Court may, under special circum- Power to set stances, set aside the decree, and if necessary stay or set aside aside decree. execution, and may give leave to appear to the summons and to defend the suit, if it seem reasonable to the Court so to do, and on such terms as the Court thinks fit. NOTE.-See Sec. 3 of 18 & 19 Vict., c. 67. § 535. In any proceeding under this chapter the Court may Deposit of bill order the bill, hundi or note on which the suit is founded, to in Court. be forthwith deposited with an officer of the Court, and may further order that all proceedings shall be stayed until the plaintiff gives security for the costs thereof. NOTE.-See Sec. 4 of 18 & 19 Vict., c. 67. § 536. The holder of every dishonored_bill of exchange or Recovery of promissory note shall have the same remedy for the recovery noting of the expenses incurred in noting the same for non-acceptance, expenses. or non-payment, or otherwise, by reason of such dishonor, as he has under this chapter for the recovery of the amount of such bill or note. NOTE.-See Sec. 5 of 18 & 19 Vict., c. 67. |