CPC 1908 § Appendix D, Form 17 — PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT

Statutory text (English)

(Title)
It is ordered that the following accounts and inquiries be taken and made; that is to say:—
In creditor’s suit:—
1. That an account be taken of what is due to the plaintiff and all other the creditors of the
deceased.
In suits by legatees—
2. That an account be taken of the legacies given by the testator’s will.
In suit by next-of-kin—
3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is
entitled to as next-of-kin [or one of the next-of-kin] of the intestate.
[After the first paragraph, the decree will, where necessary, order, in a creditor's suit, inquiry
and accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after
the first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first
paragraph and such of the others as may be necessary will follow, omitting the first formal words. The
form is continued as in a creditor’s suit.]
4. An account of the funeral and testamentary expenses.
5. An account of the moveable property of the deceased comes to the hands of the defendant,
or to the hands of any other person by his order or for his use.
6. An inquiry what part (if any) of the moveable property of the deceased is outstanding and
undisposed of.
7. And it is further ordered that the defendant do, on or before the day of
next, pay into Court all sums of money which shall be found to have come to his hands
or to the hands of any person by his order or for his use.
8. And that if the *shall find it necessary for carrying out the objects of the
suit to sell any part of the moveable property of the deceased that the same be sold accordingly, and
the proceeds paid into Court.
9. And that Mr. E.F. be receiver in the suit (or proceeding) and receive and get in all outstanding
debts and outstanding moveable property of the deceased, and pay the same into the hands of the
*(and shall give security by bond for the due performance of his duties to the
amount of rupees).
10. And it is further ordered that if the moveable property of the deceased be found insufficient
for carrying out the objects of the suit, then the following further inquiries be made, and accounts
taken, that is to say—
(a) an inquiry what immoveable property the deceased was seized of or entitled to
at the time of his death;
(b) an inquiry what are the incumbrances (if any) affecting the immoveable
property of the deceased or any part thereof;
(c) an account, so far as possible, of what is due to the several incumbrances, and
to include a statement of the priorities of such of the incumbrances as shall
consent to the sale hereinafter directed.
11. And that the immoveable property of the deceased, or so much thereof as shall be necessary
to make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation
of the judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale and
subject to the incumbrances of such of them as shall not consent.
12. And it is ordered that G.H. shall have the conduct of the sale of the immoveable property,
and shall prepare the conditions and contracts of sale subject to the approval of the
*and that in case any doubt or difficulty shall arise the papers shall be submitted to the judge to settle.
13. And it is further ordered that, for the purpose of the in quiries hereinbefore directed, the
*shall advertise in the newspapers according to the practice of the Court, or shall-make
such inquiries in any other way which shall appear to the *to give the most useful
publicity to such inquiries.
14. And it is ordered that the above inquiries and accounts be made and taken, and that all other
acts ordered to be done be completed, before the day of, and that the
*do certify the result of the inquiries, and the accounts, and that all other acts ordered
are completed, and have his certificate in that behalf ready for the inspection of the parties on the
day of
15. And, lastly, it is ordered that this suit [ or proceeding] stand adjourned for making final
decree to the day of [such part only of this decree is to be used as is
applicable to the particular case.]
*Here insert name of proper officer.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Appendix D, Form 17 (Appendix D (DECREES)): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Appendices A-H statutory forms, pp. 185-318; printed FOURTH/FIFTH Schedule stubs omitted/repealed), p. 263, 264, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 263, 264) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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