( & ) WI.-Service of summons on the defendant. VII.-The appearance of the partics, and the consequence of non-appearance. VIII.-Written statements. IX.—The examination of the parties at, the first hearing. X-The admission, inspection, production, and impounding of documents, XI.—The settlement of issues. XIl.-The disposal of the suit at the first hearing. XIII.-Adjournments. XIV.-Summoning witnesses. XV.--Examination of parties and witnesses. XVI.—Judgunent and decree. XVII.—Costs. XVIII.—Execution of decrees. Chapter 1.-Of the JURISDICTION of the Courts AND Res Judicata. Section 10. —This lays down the law as to Lis Pendens, and contains an explanation declaring that the pendency of a suit in a foreign Court does not preclude the Courts of British India from entertaining a suit founded on the same cause of action. Section 13.—This deals with res judicata, and incidentally with foreign judgments. Like section 6 of the Bill of 1865, it is to a large extent founded on the definition in Livingston's Code of Evidence. We have thought it desirable to add a number of illustrations likely, we hope, to facilitate the comprehension of this most difficult head of law. As res judicata is not a plea to the jurisdiction, but a plea in bar, the place of this section may be objected to. Ibut the circumstance that the corresponding scction (2) of Aet VIII of 1859 stands in the Forefront of the present Code, and the convenience of having so important a clause in a pirminent position, seem to us in this instance to outweigh considerations of logical arrangement. Cul Alter iI.-OE TIIE PLAci, of Sun Ng. Section 15 specifies the suits whose forum is fixed with reference to the situation of the subject-matter. Such are suits relating to immoveable property and suits for moveables which have been distrained or attached. An exception is made in the lase of suits to obtain relief respecting land where (as in the case of specific performance of a contract of sale) the relief sought can be obtained through the personal obedience of the defendunt. Such suits may be brought either in the Court, which has jurisdiction over the land, or in the Court, which has jurisdiction over the person of the defendant. Section 16 (the latter part of section 10 of the Bill of 1865 and section 61) deals with the suits to he instituted where the defendant resides, or where the cause of action arose. The principal changes which we have made are these :—Where there are several defendants, only some of whom reside, &c., within the local limits of the Court’s jurisdiction, we think that the suit should not be instituted in the Court unless either (a) the leave of the Court is given, or (b) the nonresidents acquiesce. We have framed two sections (17, 18) to provide for the case of a suit being instituted in a Court, within whose jurisdiction only part of the cause of action arose, and where all the defendants do not reside. In such a case we think that any defendant should be allowed to move the Court to stay proceedings; and that, if the Court thinks that justice is more likely to be done by the suit being instituted in another Court, it may stay proceedings either finally or till further orders. In such case of course the plaintiff should not pay a second Court-fee, and the interval between the institution of the suit and the date of staying proceedings should be excluded in computing the period of limitation applicable thereto. For this, section 19 provides. Section 20,--This declares that suits for actionable wrongs may be brought either where the wrong is committed, or where the defendant resides.
