Delhi High Court Act, 1966 Complete Act - Bare Act

DELHI

An act to provide for the constitution of a High Court for the Union territory of Delhi, for the extension of the Jurisdiction of that High Court to the Union territory of Himachal Pradesh and for matters connected therewith. Be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:

(1) This Act may be called the Delhi High Court Act, 1966

(2) Section 17 shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint; and the remaining provisions of this Act shall come into force at once

In this Act, unless the context otherwise requires

(a) "appointed day means the date appointed under section 3

(b) "notified order" means order notified in the Official Gazette

(1) As from such date2 as the Central Government may, by notification in the Official Gazette, appoint, there shall be a High Court for the Union territory of Delhi (hereinafter referred to as the High Court of Delhi)

(2) The principal seat of the High Court of Delhi shall be at Delhi or at such other place as the President may, by notified order, appoint

(3) Notwithstanding anything contained in sub-section (2), the Judges and Division Courts of the High Court of Delhi may sit at such other place or places other than its principles seat as the Chief Justice may, with the approval of the President, appoint.

Section3A Salaries and allowances of Judges to be expenditure charged on Consolidated Fund of India

Expenditure in respect of the salaries and allowances of Judges of the High Court of Delhi shall be expenditure charged on the Consolidated Fund of India.]

The provisions of Chapter V of Pan of VI of the Constitution shall, in their application to the High Court of Delhi, have effect subject to the following exceptions and modifications, namely:

(a) in article 217, the words "the Governor of the State" shall be omitted and in relation to appointments to be made under sub-section (2). that article shall be construed as if the words "and, in the case of appointment of a Judge other than the Chief Justice, and Chief Justice of the High Court," had also been omitted;

(b) in article 219, the reference to the Governor of the State, and in the proviso to clause (3) of article 227, reference to the Governor, shall be construed as a reference to the administrator of the Union territory of Delhi

.

(c) the provisions of article 225 shall not apply:

(d) in article 229

(i) the references to the Governor of the State shall be construed as references to the administrator of the Union territory of Delhi;

(ii) the references to the State Public Service Commission, the Legislature of the State and the Consolidated Fund of the State shall be construed, respectively, as references to the Union Public Service Commission, Parliament and the Consolidated Fund of India:

(e) the provisions of article 230 shall apply subject to the modifications that

(i) in clause (1) thereof, for the words "High Court" in both the places where they occur, the words "High Court for a Union territory" and for the words "any Union Territory", the words "any other Union territory" shall be substituted;

(ii) for clause (2) thereof, the following clause shall be substituted, namely:

"(2) Where the High Court for a Union territory exercises jurisdiction in relation to another Union territory the reference in article 227 to the administrator of the Union territory of Delhi shall, in relation to any rules, forms or tables for subordinate courts in that other Union territory, be construed as a reference to the administrator of that other Union territory"

(2) Between the coming into force of this section and the appointed day, the President may, after consultation with the Chief Justice of India, appoint the Chief Justice, of the High Court of Delhi and as many other Judges of the said Court as he thinks fit, and any appointments so made shall take effect as from the appointed day

(1) The High Court of Delhi shall have, in respect of the territories for the time being included in the Union territory of Delhi, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of the said territories by the High Court of Punjab

(2) Notwithstanding anything contained in any law for the lime being in force, the High Court of Delhi shall also have in respect of the said territories ordinary original civil jurisdiction in every suit the value of which exceeds [rupees five Lakhs]

(1) The High Court of Delhi shall have like powers to approve, admit, enroll, remove and suspend legal practitioners, and to make rules with respect to them, as are, under the law in force immediately before the appointed day, exercisable by the High Court of Punjab

(2) The right of audience in the High Court of Delhi shall be regulated in accordance with the like principles, as, immediately before the appointed day, are in force with respect of the right of audience in the High Court of Punjab:

Provided that subject to any rule made or direction given by the High Court of Delhi in the exercise of the powers conferred by this section, any person who immediately before the appointed day is an advocate entitled to practise or an attorney entitled to an act in the High Court of Punjab shall be recognized as advocate or an attorney entitled to practise or act, as the case may be, in the High Court of Delhi

Subject to the provisions of the Act, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Delhi and accordingly the High Court of Delhi shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the High Court of Punjab and shall also have powers to make rules and orders with respect to practice and procedure for the exercise of its ordinary original civil jurisdiction:

Provided that any rules or orders which are, in force immediately before the appointed day with respect to practice and procedure in the High Court of Punjab shall, until varied or revoked .by rules or orders made by the High Court of Delhi, apply with the necessary modifications in relation to practice and procedure in the High Court of Delhi as if made by that High Court

The law in force immediately before the appointed day with respect to the custody of the Seal of the High Court of Punjab shall, with the necessary modifications apply with respect to the custody of the Seal of the High Court of Delhi

The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court of Punjab shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Delhi

Section10 Powers of Judges

(1) Where a single Judge of the High Court of Delhi exercises ordinary original civil jurisdiction conferred by sub-section (2) of section 5 on that Court, an appeal shall lie from the judgment of the single Judge to a Division Court of that High Court

(2) Subject to the provisions of sub-section (1), the law in force immediately before the appointed day relating to the powers of the Chief Justice, single Judges and Division Courts of the High Court of Punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Delhi

Section11 Procedure as to appeals to Supreme Court

The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Punjab and the Judges and Division Courts thereof shall, with the necessary modifications, apply in relation to the High Court of Delhi

Section12 Transfer of proceedings from the High Court of Punjab to the High Court of Delhi

(1) Except as hereinafter provided, the High Court of Punjab shall, as from the appointed day, have no jurisdiction in respect of the Union territory of Delhi

.

(2) Such proceedings pending in the High Court of Punjab immediately before the appointed day as are certified whether before or after that day, by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court of Delhi, shall, as soon as may be after such certification, be transferred to the High Court of Delhi

(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section and in section 5, but save as hereinafter provided, the High Court of Punjab shall have, and the High Court of Delhi shall not have, jurisdiction to entertain, hear or dispose of, appeals, applications for leave to appeal including leave to appeal to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court of Punjab before the appointed day:

Provided that if after any such proceedings have been entertained by the High Court of Punjab, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Delhi, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly

(4) Any order made by the High Court of Punjab

(a) before the appointed day, in any proceedings transferred to the High Court of Delhi by virtue of sub-section (2);

(b) in any proceedings with respect to which the High Court of Punjab retains jurisdiction by virtue of sub-section (3), shall for all purposes have effect, no only as an order of the High Court of Punjab, but also as an order made by the High Court of Delhi

Section13 Right to appear or to act in proceedings transferred to the High Court of Delhi

Any person who, immediately before the appointed day, is an advocate entitled to practise or an attorney entitled to act, in the High Court of Punjab, and was authorized to appear or to act in any proceedings transferred from that High Court to the High Court of Delhi under section 12, shall have the right to appear or to act, as the case may be, in the High Court of Delhi in relation to those proceedings

Section14 Interpretation

For the purposes of sections 12 and 17,

(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs;

(b) references to a High Court shall be construed as including references to a Judge or Division Court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge

Section15 Savings

Save as provided in section 4, nothing in this Act shall affect the application to the High Court of Delhi of any provisions of the Constitution, and this Act shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provision

Section16 Pending Proceedings before subordinate courts in Delhi

All proceedings pending immediately before the appointed day in any subordinate court in the Union territory of Delhi in or in relation to any such civil suit as is referred to in sub-section (2) of section 5 shall in that day stand transferred to the High Court of Delhi which shall proceed to try, hear and determine the matter as if it had been pending therein

Section17 Extension of the jurisdiction of the High Court of Delhi

(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint (hereinafter referred to as the prescribed date), the jurisdiction of the High Court of Delhi shall extend to the Union territory of Himachal Pradesh

(2) As from the prescribed.date the Court of the Judicial Commissioner for Hima- chal Pradesh shall cease to function and is hereby abolished: Provided that nothing in this sub-section shall prejudice or affect the continued operation of any notice served, injunction issued, direction given, or proceedings taken before the prescribed date by the Court of the Judicial Commissioner for Himachal Pradesh abolished by this sub-section

(3) The High Court of Delhi shall have, in respect of the territories for the time being included in the Union territory of Himachal Pradesh,

(a) all such original appellate and other jurisdiction as under the law in force immediately before the prescribed date, is exercisable in respect of the said territories by the Court of the Judicial Commissioner for Himachal pradesh; and also

(b) ordinary original civil jurisdiction in every suit the value of which exceeds [fifty thousand rupees,] notwithstanding anything contained in any law for the time being in force

(4) All proceedings pending in the Court of the Judicial Commissioner for Himachal Pradesh before the prescribed date shall stand transferred to the High Court of Delhi

(5) Any order made before the prescribed date by the Court referred to in sub- section (4) shall for all purposes have effect not only as an order of that Court but also as an order of the High Court of Delhi

(6) For the removal of doubts, it is hereby declared that the provisions of sections 6 to 11 and 13 shall, with the necessary modifications, apply to the High Court of Delhi in the exercise of jurisdiction conferred upon it by this section

(7) All proceeding pending immediately before the prescribed date in any subordinate court in the Union territory of Himachal Pradesh in or in relation to any such civil suit as is referred to in clause (b) of-sub-section (3) shall on that date stand transferred to the High Court of Delhi which shall proceed to try, hear and determine the matter as if it had been pending therein

Section18 Rule of construction

(1) References in any law in force in the Union territory of Delhi to the High Court of Punjab shall, as from the appointed day, be construed in relation to that Union territory as references to the High Court of Delhi

.

(2) References in any law in force in the Union territory of Kimachal Pradesh to the High Court of Punjab or to the Court of the Judicial Commissioner for that territory shall, as from the prescribed date, be construed in relation to that Union territory as references to the High Court of Delhi

Section19

[Section 19 and Schedule repealed by the Repealing and Amending' Act, 1974 (56 of 1974), Section 2 and First Schedule.]

Section20 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of the Act, the Central Government may, by notified order, make such provisions as appears to it to be necessary or expedient for the removal of the difficulty

(2) Every order made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session or in two successive sessions, and if, before the expiry of the session for a total period of thirty days which may be comprised in one session in which it is so laid or the session immediately following, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order

Section21 Power to adopt laws

For the purpose of facilitating the application of any law in relation to the Union territory of Delhi or Himachal Pradesh, the Central Government may, before the expiration of two years from the appointed day in relation to the Union territory of Delhi and before the expiration of two years from the prescribed date in relation to the Union territory of Himachal Pradesh, by order, make such adaptations and modifications of the law, whether by way or repeal or amendment, as may be necessary or expedient to give effect to the provisions of this Act and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority

RULE

DELHI

In exercise of the powers conferred by sections 122 and 129 of the Code of Civil Procedure 1908 and section 7 of the Delhi High Court Act 1966 (Act 26 of 1966) and all other powers enabling it, the Delhi High Court hereby makes the following Rules, after previous publication with respect to practice and procedure for the exercise of its ordinary original civil jurisdiction.

These Rules may be called the "Delhi High Court (Original Side) Rules, 1967".

1 Substituted Delhi Gazette part II Section I No. 6 dated 15.2.1973. la. Subs, vide Notification No. 81 DHC/Rules Dated 15.3.1988. These Rules shall come into force with effect from such date as may be notified.

All proceedings on the original side of the Court instituted or transferred pursuant to provisions of the Delhi High Court Act of 1966 or any other law shall unless otherwise ordered by the Court be governed by these Rules.

In these Rules, unless the context otherwise requires-

(a) "Advocate" means a person who is entitled to practice the profession of law under the Advocates Act, 1961 (Act No. 25 of 1961);

(b) "Chief Justice" means the Chief Justice of the High Court; and includes a Judge appointed under the Constitution to perform the duties of the Chief Justice;

(c) "Code" means the code of Civil Procedure, 1908, (V of 1908) as amended from time to time;

(d) "Constitution" means the Constitution of India;

(e) "The Court" or "This Court" means the Delhi High Court.

(f) "First hearing" includes the hearing of a suit for settlement of issues and any adjournment thereof;

(g) "Interlocutory application" means an application in any suit appeal or proceeding, already instituted in the Court, not being a proceeding for execution of a decree or order;

(h) "Judge" means the Judge of the Court;

(i) "Registrar" means the Registrar of the Court and includes any other officer of the Court to whom the power and functions of the Registrar under these Rules may be delegated or assigned;

(j) "Registry" means the Registry of this Court;

(k) "Taxing officer" means the Taxing officer appointed under Section 6 of the Court Fees Act and includes the officer of the Court whose duty it is to tax costs of proceedings in the Court;

(1) All other expressions used herein shall have the meaning ascribed to them by the Code or the General Clauses Act, 1897 (10 of 1897), as the case may be.

Where by these rules or by any order of the Court, any step is required to be taken in connection with any suit, appeal or proceeding before the Court, that step shall unless the context otherwise requires be taken in the Registry.

Where a particular number of days is prescribed by these Rules or by or under any other law or a fixed by the Court for doing any act, in computing the time, the day from which the said period is to be reckoned shall be excluded and if the last day expires on a day when the office of the Court is closed, that day and any succeeding days on which the Court remains closed shall also be excluded.

The forms set out in the Code with such modifications or variations as the circumstances of each case may require, shall be used for the purposes therein mentioned. Where no form required for any purpose is prescribed, a form approved by the Registrar may be used.

Every decree, order, writ summons, warrant or other mandatory process shall run in the name of the Chief Justice and shall be signed by the Registrar or any other officer specifically authorized in that behalf, with the day, month and year of signing and shall be sealed with the seal of the Court.

The official seal to be used in the Court shall be such as the Chief Justice may from time to time direct and shall be kept in the custody of the Registrar.

The Registrar shall have the custody of the records of the Court and no record or document filed in any cause or matter shall be allowed to be taken out of the custody of the Court without the leave of the Court.

1 Substituted Delhi Gazette part II Section I No. 6 dated 15.2.1973. la. Subs, vide Notification No. 81 DHC/Rules Dated 15.3.1988. Unless otherwise ordered by the Chief Justice the Court shall hold its sittings on all working days from 10.00 A.M. to 1.00 P.M and from 1.45 P.M to 3.45 P.M.

The offices of the Court shall remain open daily from 9.30 A.M. to 4.30 P.M. Any

1. The Court sitting hours were changed from 10.30 A.M. to 4.00 P.M. with lunch break from 1-15 P.M. to 1.45P.M. w.e.f. 4.1.1982. urgent matter filed before 12.30 P.M. shall be put up before the Court on the following working day. The office hours were changed to 10.30 A.M. to 5.00 P.M. with lunch break from 1.15 P.M. to 1.45 P.M. w.e.f. 1.5.1984, Not. No. 147 Gen. DHC Dated 30.4.84.

In all proceedings on the Original Side of the Court process fee and copying fee shall be charged in accordance with rules in force immediately before the appointed day fixed under Section 3 of the Delhi High Court Act of 1966.

The Court may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these Rules and may give such directions in matters of practice and procedure as it may consider just and expedient.

An application to be excused from compliance with the requirements of any of the rules shall, in the first instance, be placed before the Registrar, who may without interfering or dispensing with any mandatory requirements of the rules, make appropriate orders thereon, or, if in his opinion, it is desirable that the application should be dealt with by the Court, direct the applicant, if the other party has entered appearance, to serve a copy thereof on the said party, and thereafter place the. same before the Court on a convenient day for orders.

The Court may enlarge or abridge the time appointed by these Rules or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms if any as the justice of the case may require, and any enlargement may be ordered, although the application therefor is not made until after the expiration of the time appointed or allowed.

The Court may at any time, either of its own motion or on the application of any party, make such orders as may be necessary or reasonable in respect of any of the matters mentioned in Chapter XXI of these Rules.

Nothing in these Rules shall be deemed to limit or otherwise affect the inherent powers of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

Except to the extent otherwise provided in these rules, the provisions of the Civil Procedure Code shall apply to all proceedings on original side.

Every suit coming before the Court in its Ordinary Original Civil Jurisdiction shall be tried and heard by a Single Judge.

1 Substituted Delhi Gazette part II Section I No. 6 dated 15.2.1973. la. Subs, vide Notification No. 81 DHC/Rules Dated 15.3.1988. A Judge before whom any suit, application or other proceeding, interlocutory or otherwise, is pending may, if he thinks fit, refer it or any question of law, practice or procedure arising therein to the Chief Justice for constituting a Bench of two or more Judges to decide the same. If only a question has been referred, the Judge shall, after receipt of a copy dispose of such suit, application or proceeding in conformity therewith.

The powers of the Court including the power to impose costs, in relation to the following matters may be exercised by the Registrar:-

(1) Admission of plaints and applications and issue of summons and notices;

(2) applications to amend the plaint, petition or subsequent proceedings where the amendment sought is formal;

1 Substituted vide Delhi Gazette pan II Sec I No. 13 dated 31.3.1973.

(3) applications for issuance of commissions to examine witnesses;

(4) attachment of property of absconding witnesses;

(5) inquiries directed by the Court as to the fitness of the persons to act as trustees and receivers;

(6) applications for leave of the Court to file a plaint when such leave is necessary;

(7) application under O. I, rule 8 for leave to sue or defend on behalf of or for the benefit of all having the same interest;

(8) applications for the admission or appointment of a next friend or guardian ad litem of a minor or a person of unsound mind or new next friends or guardians ad litem;

(9) applications for orders regarding issue of summons or notices and regarding service thereof;

(10) applications for fresh summons or notice and for short date summons and notices;

(11) applications for orders for substituted service of summons or notice;

(12) applications for transmission of process for service to another Court;

(13) application fur permission to withdraw any Suit or application by consent or where the other side has not appeared;

(14) applications for leave to file further or additional written statements;

(15) applications for return of documents under O. XIII, rule 9(i) of the Code; and applications for return of exhibits;

(16) applications for orders for discovery and for orders concerning the admission, production and inspection of documents;

(17) applications for leave to deliver interrogatories;

(18) applications for orders for the transmission of a decree with the prescribed certificates etc;

(19) applications for the execution of a document or for the endorsement of a nego- tiable instrument under O. XXI, rule 34 of the Code;

(20) applications for examination of judgment-debtor as to his property under O.XXI, rule 41 of the Code;

(21) applications for discharge from custody for the non-payment of subsistence money;

(22) applications falling under section 52 of the Code;

(23) applications for leave under O. XXI, rule 50, sub-rule (2) of the Code except where liability is disputed;

(24) applications for the issue of proclamations of sale under O.XXI.... rule 66, and for direction as to the publication thereof under rule 67 of O. XXI of the Code.

(25)

2 Del. vide Notification No. 81 DHC/Rules Dated 15.3.1988

(26) applications for special directions to the officer concerned as to the service or execution of any process of the Court.

(27) applications for orders for withdrawal of attachment or for return of a warrant;

(28) applications for orders for payment of money realized in execution or otherwise deposited in Court including uncontested applications to share the assets realized under Section 73 of the Code;

3 Subs, vide Delhi Gazette (Extta) Pt. II Sec. I No. 3 dated 31.3.1973.

(29) summoning witnesses and taking proceeding against them for failure to comply therewith as provided in order XVI of the code;

(30) applications for extension of time under O.XXVII, rule 7 of the Code or by a party in default for further time to file written statement or affidavit or documents;

(31) applications for statement of names, and disclosure of partners addresses and residence under O.XXX, rules 1 and 2 of the Code;

(32) applications for orders requiring a party to a suit or matter to produce and leave with the Registrar any document not in the English language in his possession for the purpose of being officially translated;

(33) applications for orders for the production of records or documents, or accounts filed in such records before any other Court;

(34) applications for the issue of a precept to another Court for the production of a record of such Court or of notice or summons to a Public Officer for the production of public records or registers;

(35) applications for the taxation and delivery of bills of costs;

(36) applications for production, inspection of a will or a copy thereof;

(37) applications under Order XXII of the Code for bringing on record the Legal Representatives of a deceased party; Provided that no order of substitution or reviver shall be made by the Registrar-

(i) Where a question arises as to whether any person is or is not a legal representative of the deceased party, or

(ii) where a question of setting aside the abatement of the cause is involved-

(38) applications for enlargement or abridgement of time except where time is fixed by the Court;

(39) applications for confirmation of sale and certificate of sale to purchaser of immovable property;

(40) other interlocutory applications directed by the Judge hearing the case to be placed for disposal before the Registrar and such other applications as by these rules are directed to be so disposed of but not included in this rule.

(41) applications for particulars;

(42) applications for further and better statement of particulars under rule 5 of O. VI of the Code;

(43) applications for better statement of claim or defence;

4 Ins. vide Notification No. 81/DHC/Rules Dated 15.3.1988.

(44) examine the serving officer on oath under Order V Rule 19 of the Code, where a summons is returned under Order V Rule 17 of the Code, and after making necessary enquiry, declare that the summons has been duly served or order such service as may be considered fit:

(45)

(a) issue summons in the manner provided in O.V, rule 19A of the Code;

(b) declare that the summons had been duly served on the defendant, when an acknowledgement purporting to be signed by the defendant or his agent is received; Provided that where the summons was properly addressed, prepaid and duly sent by registered post, acknowledgement due the declaration referred to in this clause shall be made notwithstanding the fact that the acknowledgement having been lost or mislaid, or for any other reason, has not been received within thirty days from the date of the issue of the summons;

(46) substitute for a summons a letter signed by the Registrar, where the defendant is of a rank entitling him to such mark of consideration and sand it in such a mode or manner as he thinks fit (O.V, rule 30);

(47) to give notice of the deposit by the defendant to the plaintiff under O.XXIV, rule 2 of the Code;

(48) mark the documents produced by the plaintiff under O.VII, rule 17 of the Code for the purpose of identification and after comparing the copy with the original, if it is found correct, certify it to be so and return the book to the plaintiff and cause a copy to be filed;

(49) applications under O. XXXIII, except under rule 9;

(50) receive the decree transferred to this Court for execution under O. XXI, rule 7 of the Code;

(51) direct the applicant to file certified copy of the decree under O. XXI, rule 11(3) of the Code;

(52) application under O, XXI, rule 14 of the Code requiring the applicant to produce a certified copy from the Register kept in the office of the Collector;

(53) deal with the execution application under O. XXI, rule 17 of the Code;

(54) issue processes for execution under O. XXI, rule 24 of the Code and examine the officer entrusted with execution of the process if he was unable to execute the process (O. XXI, rule 25);

(55) all uncontested applications except such as may result in final disposal of the suit or proceeding in whole or in part in respect of all or any of the parties."

(56) any matter which in accordance with order or directions issued by the Court is required to be dealt with by the Registrar.

3-A. All applications except those in which urgent ex pane orders are sought will be placed before the Registrar in the first instance. He will dispose of such of them as he is empowered to do, and as regards the rest, may call for replies and rejoinders and take such other steps as are necessary to make them ready for hearing, before listing them before the Court.

Any person aggrieved by any order made by the Registrar under Rule 3 may, within fifteen days of the making of such order, appeal against it to the Judge in Chambers. The appeal shall be in the form of a petition bearing Court fee standing of the value of 2.65 Rs.

The Registrar may, and, if so directed by the Judge in Chambers, shall at any time adjourn any matter and lay the same before the Judge in Chambers, and the Judge in Chambers may at any time adjourn any matter in Court.

The Chief Justice and Companion Judges may assign or delegate to a Deputy Registrar or to any other officer any functions required by these Rules to be exercised by the Registrar.

The following matter may be heard and determined by a Judge in Chambers:-

(1) appeal from the order of the Registrar or a reference made by him or directed to be made by the Judge in Chambers;

(2) application for arrest before judgment for attachment before judgment and for appointment of a receiver;

(3) applications by defendant where he pleads a set-off under rule 6 of O. VIII of the Code;

(4) applications by defendant for setting up a counter-claim and applications in relation thereto;

(5) applications by receivers, guardians and other relating to the management and disposal of the property;

(6) applications for leave under sub-rule (3) of rule 2 of O. II of the Code;

(7) applications under rule 4, O. II, to join causes of action in a suit for the recovery of immovable property;

(8) applications for stay under rule 26 (1) and (2) of O. XXI of the Code;

(9) applications for separate trials of different causes of action joined in one suit;

(10) applications for setting down for judgment in default of written statement;

(11) applications for amendment of pleadings and for enlargement of time to amend pleadings;

(12) applications to tax bills returned by the Taxing Officer;

(13) applications for review of taxation;

(14) applications for leave to defend under Chapter XV of these Rules;

(15) applications for execution of a decree order, for arrest of a judgment-debtor when such judgment-debtor does not appear on the day of hearing fixed under the notice issued or on such day as the hearing thereof may be postponed to, or by attachment or sale, with power to order issue of notice under Sections 74 and 145 and under rules 2,16,22,34(2), 37 or 66(2) of O. XXL of the Code

(a) Every plaint, written statement, application petition and like presented to the Court:-

(i) shall be in English;

(ii) shall be fairly and legibly type written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeters width on top and on the left side;

(iii) Cause title- shall be instituted "in the High Court of Delhi" and shall state the jurisdiction (whether Original, Civil, Testamentary or Intestate or Matrimonial etc.) in which it is presented;

(iv) Paragraphs- shall be divided into paragraphs numbered consecutively, each paragraph containing as nearly as may be a separate allegation.

(b) Dates,- Where Saka or other dates are used, corresponding dates of Gregorian Calendar shall also be given.

(c) Names etc. of parties- Full names and parentage description of each party and address and if such is the case the fact that a party sues or is sued in a representative character, shall also be set out at the beginning of the plaint, petition or application and need not be repeated in the subsequent proceedings in the same suit or matter,

(d) The names of parties shall bear consecutive numbers and a separate line should be allotted to the name and description of each party. These numbers shall not be changed and in the event of the death of a party during the pendency of the suit or matter. his heirs or representatives, if more than one shall be shown by sub-numbers. Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in.

(e) Every proceeding shall state immediately after the cause title the provision of law under which it purports to be made

At the foot of every leading, there shall appear the name and signature of the Advocate, if any, who has drawn it and also the name of a Senior Advocate, who may have settled it. Every pleading shall be signed and verified by the party concerned in the manner provided by the Code.

The address for service shall be filed with every initial pleading, petition or application on behalf of a party and shall as far as possible containing the following:-

(i) the name of the road, street, lane or Municipal or other number of the house;

(ii) the name of the town or village;

(iii) the post office or postal district; and

(iv) any other particulars necessary to identify the addressee.

Every interlineation, erasure or correction in any pleading, petition or application or like document shall be initialled by the party or his recognized agent or advocate presenting it.

1 Sub. vide notification Delhi Gazette (Extra) Part IV No. 4 dated 7.1.1974.

(1) No document in a language other then English intended to be used in any proceeding before the Court shall be received by the Registry unless it is accompanied by a translation in English

(i) agreed to by both the parties; or

(ii) certified to be a true translation

(a) by a counsel engaged in the case; or

(b) by any other counsel, whether engaged in the case or not provided a counsel engaged in the case authenticates such certificate; or

(iii) prepared by an official translator of the court on payment of the prescribed charges; or

(iv) prepared by a translator specifically appointed or approved for the purpose by the Registrar on payment of such charges as he may order

(2) A suit or other proceeding will not be set down for hearing until and unless all parties confirm that all the documents filed on which they intend to rely are in English or have been translated in to English,

All plaints, petitions, applications and documents shall be presented by the plaintiff, petitioner, applicant defendant or respondent in person or by his duly authorized agent or by an advocate duly appointed by him for the purpose, at the filing counter. All such documents filed in Court shall be accompanied by an index in duplicate containing their details. The amount of Court fee affixed or paid on any such document shall also be indicated in the index. Sufficient number of copies of the plaint, petition or application shall also be filed for service on the opposite party.

(a) The officer in charge of the filing-counter shall endorse the date of receipt on the plaint, petition, application or proceedings and also on the duplicate copy of the index and return the same to the party. He shall enter the particulers of all such documents in the register of daily filing and thereafter cause it to be sent to the officer concerned for examination. If one scrutiny, the document is found to be defective, such document shall, after notice to the party filing the same, be placed before the Registrar. The Registrar may for sufficient cause return the said document for rectification or amendment to the party filling the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary.

(b) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the document,

(c) Any party aggrieved by any order made by the Registrar under this rule may, within fifteen days of the making of such order, appeal against it to the Judge in Chambers

(a) Where notice of an interlocutory application is issued by the Court, a copy of the application, the affidavit in support thereof (and if so ordered by the Court, of other documents filed therewith), if any, shall be served along with the notice on the other party

(b) The aforesaid copies shall show the date of presentation of the original and the name of the advocate, if any, of such party

On admission, plaints, petitions and applications shall be registered in the appropriate registers and their number entered thereon.

Amendments to pleading which are made only for the purpose of rectifying some clerical errors may be made on an order of the Registrar without notice.

The attestation of any amendment under O. II rules 6 and 7, O, VI rules 16 and 17 O. VII rule 11 and O. XXI rule 17 of the Code shall, unless otherwise ordered by Court be done by the Registrar. The amendment of any plaint or other proceeding carried out under the orders of the Court shall unless otherwise directed by the Court also be attested by the Registrar.

Notwithstanding anything contained in order V rules 10 and 20-A of the Code of Civil Procedure (1908) the Court may in the very first instance issue summons by registered post (acknowledgement due) in addition to the ordinary way.

The following Registers shall be kept on the original Civil Side by such ministerial officer or officers as the Registrar may, subject to any order of the Chief Justice, direct:-

(i) Register of rejected plaints;

(ii) Register of Civil Suits;

(iii) Register of documents, filed in Civil Suits;

(iv) Register of Miscellaneous applications;

(v) Register of Wills;

(vi) Register of decree received for execution from other Courts; and

(vii) Register of Execution Applications

The record of a regular suit shall be divided into the following four parts:-

(i) main file;

(ii) miscellaneous application file;

(iii) process file; and

(iv) execution file;

The main file shall be kept in the following order-

(i) diary;

(ii) order sheet;

(iii) plaint together with any schedule annexed thereto;

(iv) written statement;

(v) any other pleadings;

(vi) memorandum of issue;

(vii)

(a) oral evidence;

(b) evidence taken on commission; and

(c) documentary evidence.

(viii) application for reference to arbitration, the award of arbitrator, petition of compromise and report of the Commissioner and objections to the Commissioners report, if any;

(ix) judgment and decree; and

(x) copy of the judgment and of the decree of the Appellate Court or Courts, if any

In the miscellaneous applications file there shall be kept all petitions, affidavits, and other documents not specifically included in any other file.

The process file shall contain:

(i) the index;

(ii) powers of attorney;

(iii) summonses and other processes and affidavits relating thereto;

(iv) applications for summoning witnesses;

(v) letters, etc; calling for records etc;

(vi) all other miscellaneous papers

The execution file shall contain-

(i) the diary;

(ii) the execution application;

(iii) the order sheet;

(iv) all processes and other papers connected with such execution proceedings;

The splitting up of the record and the distribution of the papers into the proper files shall in all cases be done at the outset and shall be continued from time to time as and when they are received, papers in each file shall be paged separately.

For applications there may be only one file with a title page prefixed to it. Immediately after the title page shall be filled the diary, the miscellaneous applications, the order sheet and then other documents.

Diaries shall be kept by the Reader in such form as may be prescribed. They shall be written legibly. The diary in the main file shall show a concise history of the suit or matter including the substance of the order passed on all interlocutory applications therein. The diary in execution proceedings shall contain a complete record of all proceedings in execution of a decree.

(a) The order sheet shall contain all orders passed by the Court at any hearings.

(b) All orders shall be in English and signed by the Judge

.

(c) The order sheet shall also contain reference to the application, return, report or other similar document with respect to which an order is made

.

(d) Except in the case of such routine orders as "call for the record", "put up with the record" and orders made in chambers, orders shall not be written on applications, return, reports and other similar documents

No member of the establishment shall remove any official paper or record whatever from the Court house without the special sanction of the Registrar.

An Advocate on his filing a Vakalatnama duly executed by a party shall be entitled to act as well as to plead for the party in the matter had to conduct and prosecute all proceedings that may be taken in respect of such matter or any decree or order passed therein including proceedings in taxation and applications for review, execution and appeal in the High Court and to take all such other steps as he may be specifically authorized by the power of attorney.

Every Advocate shall before the commencement of the final arguments in the suit or matter file a certificate showing the amount of fee paid with date of payment or agreed to be paid to him.

No Vakalatnama shall be accepted unless it contains the following under the signature of the Advocate-

(i) an endorsement in token of its acceptance with the date of acceptance; and

(ii) the address for service of the Advocate

A party desiring to obtain an order for determination of the authority of his Advocate who has filed a Vakalatnama on his behalf in a suit or matter shall do so by application after first giving notice thereof to that Advocate, and the fact of such notice having been served shall be stated in the affidavit in support of such application.

An Advocate in a suit or matter desiring to obtain an order for his discharge, shall first give notice of his intended application for discharge to his client and fact of such notice having been served shall be stated in the application. - Provided that an Advocate may be discharged by consent of the Advocate and the party by a letter addressed to the Registrar and signed by the Advocate and the party.

If on the day fixed for his appearance in the writ of summons the defendant does not appear and it is proved that the summons was duly served, the suit shall, whether the summons was issued for final disposal or not, be set down for final disposal on the next or some subsequent short cause day.

If the defendant appears personally or by an advocate before or on the day fixed for his appearance in the writ of summons:-

(i) Where the summons had been issued far final disposal, the suit shall be set down for final disposal on the next or subsequent short cause day;

(ii) Where the summons is for appearance and for filing written statement, the defendant shall file the written statement on the date fixed for appearance, A copy of the written statement shall be served on the plaintiff and the written statement shall not be accepted unless it contains an endorsement of service signed by such party or his Advocate

Ordinarily, not more than one extension of time shall be granted to the defendant for filing a written statement; provided that a second or any further extension may be granted only on an application made in writing setting forth sufficient grounds for such extension and supported, if so required by an affidavit.

No written statement or list of documents shall be filed without the leave of the Court unless a copy thereof has been previously served on each party or his advocate. Parties or their advocates served with such copies shall give a receipt therefore. Copies shall be authenticated by the signature or initials of the parties or their advocates on each page at the bottom of the left hand margin.

Where a defendant pleads a set-off under O. VIII, rule 6 of the Code, the Court on the application of the plaintiff made in that behalf may at any stage of the proceedings and after hearing the defendant make an order directing that claim for set-off be tried separately or make such other order as may be just.

(a) A defendant in a suit, in addition to his right of pleading a set-off under O.VIII, rule 6 of the Code may set up by way of counter claim against the claims of the plaintiff any right or claim, whether such counter claim sounds in damages or not

.

(b) Subject to the provisions of rule 10, such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original and on the counter claim

Where any defendant seeks to rely upon any grounds as supporting the right of counter claim he shall, in his written statement, state specifically that he does so by way of counter claim.

When a counter claim is made in a written statement, plaintiff may deliver a reply to the counter claim within three weeks or within such further time as the Registrar may for sufficient cause allow.

Where a defendant sets up a counter claim, the Court on the application of the plaintiff made in that behalf at any stage of the proceedings and after hearing the defendant may make an order directing that the counter claim be tried separately or make such other order as may be just.

Where in any case in which the defendant sets up a counter claim, he suit of the plaintiff is stayed, discontinued or dismissed the counter claim may nevertheless be proceeded with.

Sub-rules (1) and (2) of rule 19 of O.XX of the Code shall apply to the decree in suit in which counter claim is made.

When the pleadings have been used, the suit shall after fifteen days thereof be set down before the Registrar for directions;

Provided that any party may apply for directions before closing of the pleadings and the Registrar may grant or refuse such application.

On the suit coming for directions before the Registrar, he shall so far as practicable, make such orders as may be proper with respect to the following matters: Admission, discovery, interrogatories and inspection or documents.

Rule 4 of Chapter II shall apply in the event of any party wishing to have any matter on which directions have been given by the Registrar under rules 1 and 2 of this Chapter, referred to the Court.

After the pleadings have been closed and the directions, if any given, have been duly complied with, a date shall be fixed for settlement of issues by the Court.

CHAPTERRule1.

Copies of all documents filed by parties will be supplied to the opposite party or parties unless it be impracticable to prepare a copy in which case the relevant extract of the document may be supplied. The expenses incurred for supplying copies will be taxable as costs.".

On the date fixed for defendants appearance, the parties or their advocate shall produce before the Court all the documents in their power or possession up on which they intend to rely. On the first hearing the Court shall ascertain from each party or his advocate whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party, against whom they are made. The Court shall record such admissions or denials.

1 Ins. vide Noti. No 81/DHC/Rules Dated 15.3.81 If on the first hearing, judgment is confessed by the defendant, then the Court shall proceed judgment. If on that date the defendant appears and the plaintiff does not appear, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree against the defendant up on such admission, and where part only of the claim has be admitted, shall dismiss the suit so far it relates to the remainder.

If at the first hearing the defendant does not admit the claim the Court shall examine any party appearing in person or present in Court, or any person able to answer any material questions relating to the suit by whom such party or his advocate is accompanied. The Court, may if it thinks fit, put in the course of such examination question suggested by either party.

The substance of the examination shall be reduced into writing and shall form part of the record, and where after such examination it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment.

(1) Where the parties are at issue on some question of law or of fact, the Court may frame issues, and if satisfied that no further argument or evidence than that the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, may proceed to determine such issues, and, if the finding thereon is sufficient for the decision may pronounce judgment accordingly.

(2) Further proceedings.- Where the finding is not sufficient for the decision, the Court shall adjourn the matter directing the parties to file a list of witnesses which they propose to produce in support of their respective cases. The parties shall along with the said list file further documents, if any. They shall also indicate the particular fact or documents which is sought to be proved by the evidence of a witness. On the date so appointed, the Court shall after examining the said list and the particulars give further direction as to the hearing of the suit

Every interlocutory application shall be instituted in the suit or matter in which it is filed.

(i) Except where otherwise provided in these rules or by any law for the time being in force, an interlocutory application:-

(a) shall contain only one prayer or one series of alternative prayers of the same kind;

(b) shall not contain any argumentative matter;

(c) shall be supported by affidavit stating clearly the grounds and the facts on which the application is based

(ii) Copies of the application, affidavit and of such other documents annexed thereto as the Registrar may direct shall also be filed for being served on the Opposite side

(i) Unless otherwise ordered by the Court, counter-affidavit shall be filed not less than four days before the hearing

(ii) Not more than one affidavit in rejoinder may be filed without the leave of the Court. Such affidavit, unless otherwise ordered by the Court, shall be filed not less than two days before the date of hearing. Such affidavit shall be confined strictly to matters of reply

(iii) No Counter-affidavit and no affidavit in rejoinder shall be filed unless a copy thereof and copies of annexures thereto, if any, have been previously served on each party or his advocate. Parties or their Advocates served with such copies shall give a receipt therefor. Copies shall be authenticated by the signature or initials of the parties or their advocates at the end of the copy

(iv) Except by leave of the Court, no affidavit in support of an application, no counter-affidavit and no affidavit in rejoinder beyond those which are filed and copies of which with annexures thereto are served in time as aforesaid shall be used at the hearing, or allowed on taxation

(v) Where any affidavit, counter-affidavit or affidavit in rejoinder is not filed or served as aforesaid it shall be kept separately in the record of the case until leave of the Court has been obtained under sub-rule (iv)

1 Ins. vide Notification No. 28 Dated 25th Feb. 1991 w.e.f. 28th Feb. 1991 (Published in Delhi Gazelle) Part IV Dated 28.3.1991 Page 155.

(a) Applications for issuance of commissions to examine witness shall be made by the parties within 30 days from the date of the settlement of issues and shall be supported by an affidavit disclosing the nature of the evidence each of the witness is expected to give. If the witnesses are sought to be examined on interrogatories, the interrogatories will be submitted alongwith the application. Copies of such application, affidavit and interrogatories shall be served on the opposite party.

(b) No application for the issuance of such commission shall be entertained after the suit or matter has been set down for trial unless the court is satisfied that application could not have been made earlier, and in that event the Court may make such order as to costs or otherwise as it deems fit

1 Ins. vide Notification No. 28 Dated 25th Feb. 1991 w.e.f. 28th Feb. 1991 (Published in Delhi Gazelle) Part IV Dated 28.3.1991 Page 155.

(a) If the opposite party objects to the issuance of the commission, he shall file a reply supported by an affidavit, if necessary, within 10 days of the service on him of the aforesaid documents. The application with the reply, if any, shall thereupon be placed before the Court for orders

.

(b) If the application is allowed and the order be for the examination of the witnesses on interrogatories, the opposite party shall file cross-interrogatories, within 10 days of the date of the order and serve copies thereof on the other party, who shall within 7 days thereafter file re-interrogatories, if any. The matter will then be placed before the Court for final orders and the objections, if any, to the cross-interrogatories and re-interrogatories will be disposed of

If the application referred to in rule 1 or 2 is granted, the matter may not be set down for final disposal before the return of the commission, except by order of the Court.

Commission shall be prepared by the Registrar who shall seal the same and annex thereto the interrogatories, cross-interrogatories, reinterrogatories and documents, if any, and shall enclose it (with directions that the same be returned to him when executed) in a sealed envelope.

Commissions for examination of a person within the local limits of the Court shall be executed by a Commissioner appointed by the Court.

Commissions for examination of witness de bene esse may be issued at any time notwithstanding any thing hereinbefore contained in cases where it is not possible for the examination to be conducted by the Court.

(a) Every order for the issue of a commission or Letter of Request may appoint a date allowing sufficient time for its execution and return

.

(b) If the Commissioner is unable to return the commission duly executed within the time fixed by the Court, the Court may extend the time or cancel the commission and may appoint another commissioner in his place

The evidence shall be recorded as far as possible in the narrative and in the language in which it is given by the witness; where it is not possible to do so, it may be recorded in English. After taking down the deposition of any witness but before obtaining his signature thereon, it shall be distinctly read over and, when necessary, interpreted to the witness and thereafter left with the Commissioner who shall subscribe his name and date of the examination Commissions for Accounts etc.

The Court may appoint a suitable person as Commissioner for taking accounts, making local investigations and effecting partition of immovable property.

The Registrar shall furnish the Commissioner with such part of the proceedings as may be necessary.

(a) The Commissioner shall fix period within which statements of accounts and objections thereto are to be filed by the parties concerned

(b) The Statement of account shall be in the form of a debtor and creditor account and shall be verified by the party concerned or his agent. The items on each side of the account shall be numbered consecutively and a balance shall be shown

(c) The statement of objections shall specify the items to which objections are taken by reference to their numbers in the statement of account

(d) The statement and objections shall also state (i) the grounds of each objection and (ii) the balance, if any, admitted to be due; and it shall be verified by the affidavit of the party concerned or his agent

(e) If any party fails to file his statement of account or objections within the period allowed, the Commissioner shall report the fact to the Court

(f) When the case before him is ready for hearing, the Commissioner shall, after reading the statements filed before him and after examining the parties, if necessary, ascertain the points on which the parties are at issue and require them to produce their oral and documentary evidence on such points

(g) After the evidence has been duly taken and the parties have been heard, the Commissioner shall submit his report together with the entire record and a statement in the form of a diary of the proceedings before him. The report shall state-

(i) the contested items allowed or disallowed by the Commissioner;

(ii) the reasons for allowing or disallowing the above;

(iii) the amount found due;

(iv) the name of the party to whom it is due; and

(v) the name of the party by whom it is due

(a) The Commissioner shall be paid such fees and in such manner as may be ordered by the Court

(b) The Court or the Registrar as the case may be, may order that such amount as it or he considers proper, be deposited in Court in advance towards the Commissioners fees, together with the costs of issue of the commission, within seven days of the grant of the commission or letter of Request or within such further time as may be allowed. In default, the matter shall, unless otherwise ordered for reasons recorded in writing, be set down for final disposal in due course

(c) If at any subsequent time the Court is satisfied that the deposit made under sub- rule (b) is not sufficient to cover the remuneration of the Commissioner, it may, after notice to the parties or their Advocates, order that such further amount as it considers proper be deposited in Court within seven days from the date of such order or within such further time as the Court may allow. In default, the procedure prescribed in sub- rule (b) shall be followed

Filing objections thereto

(a) On receipt of the report of the Commissioner other than the report forwarding the deposition of a witness recorded by him, the Registrar shall give notice to the parties to the suit or matter of the filing of the report

(b) Any party desiring such report to be set aside or varied shall, unless the Registrar, otherwise directs, within ten days from the date of the service of such notice on him, file his objections thereto that serve a copy of the same on the other parties to the suit or matter. After the objections have been filed as aforesaid, the suit shall be set down for hearing of such objections. If any party after having filed objections/abandons or does not proceed with them, any other party in the same interest shall be at liberty to proceed with such objections

Notwithstanding anything contained in this Chapter, Commissions and letters of request for examination of witnesses in foreign countries will be governed by the directions issued by the appropriate authorities from time to time.

Commissions to examine parties and witnesses. Notwithstanding anything contained in Order XXVI of the Code of Civil Procedure, 1908, the Court may, at its discretion, in any suit, at any stage, direct that the parties and witnesses be examined on Commission. The evidence recorded on Commission shall be read as evidence in the suit.

(a) An application for calling witnesses before the Court or a Commissioner appointed to take evidence, shall set forth a list of the witnesses and state, in addition to the particulars required by rule 42 of Chapter XXI, whether they are required to give evidence as experts or otherwise or to produce any document, and in the latter case shall specify the date and description of the document so as to identify it

(b) If the applicant desires to produce witnesses or any one of them under O. XVI, rule 1-A of the Code, the fact shall be stated in the application

(c) Upon the grant of process, the process fee, travelling expense and subsistence allowance chargeable if any, in respect thereof shall be calculated by the office forthwith and deposited by the party concerned within seven days

When the hearing is adjourned, re-attendance of the witnesses present may be secured by payment to them of travelling and subsistence allowances and by binding them over on the date fixed by the Court for rcattendancc.

(a) Every application for summons for production of public documents shall be supported by an affidavit stating-

(i) the document or documents the production of which is required;

(ii) the relevancy of the document or documents;

(iii) why the production of a certified copy of the same would not serve the purpose, and

(iv) in cases where the production of a certified copy would serve the purpose, whether application was made to the proper officer for a certified copy and the result of such application

(b) The Registrar shall not issue such summons unless he considers the production of the original necessary and is satisfied that the application for a certified copy has been duly made and has not been granted. The Registrar shall in every case record his reasons in writing

(c) Nothing in this rule shall apply to an application under Order XII rule 10 of the Code for production of the record of any suit or proceeding

When public records are produced and put in evidence in original, the Court, unless it thinks it necessary to retain the original shall direct a copy to be made at the expense of the applicant and, shall return the original.

Nothing in rule 4 shall prevent the Court of its own motion from sending for public records or other documents in the custody of a public officer or Court if it thinks it necessary for the ends of justice, Costs for such summoning and of production of such records or documents shall be paid by such party as the Court directs.

All adjournments shall be to a day certain. No suit or matter shall be adjourned sine die except for reasons recorded in writing.

No adjournment shall be granted except on good cause shown. The consent of parties shall not of itself be a good cause for adjournment.

(a) Upon the hearing of any suit or matter the evidence of each witness shall be taken down by or in the presence and under the superintendence of the Judge, ordinarily in the form of a narrative

(b) A party to a suit or matter in which deposition of a witness has been taken down in shorthand or typed to the dictation of the Judge shall be entitled to be furnished on payment of the prescribed fee with a typed copy of the transcript, provided that ordinarily a written application has been made at the commencement of the hearing to be so furnished with a copy

The Court may, of its own motion or at the request of any party or his advocate, take down or cause to be taken down any particular question and answer, or any objection to any question.

Depositions of witnesses of both sides and documents admitted in evidence shall be numbered in such manner as the Court may direct.

Witnesses other than the parties shall not, unless otherwise order by the Court, be present during the hearing of the suit or other matter in Court-room before their depositions have been recorded.

Except by leave of the Court, no document not in English language, shall be read or received in evidence unless it is translated in English in accordance with the Rules.

Where a plaintiff has been permitted to sue in forma pauperis, the suit shall not be compromised without leave of the Court.

1 Sub. vide Delhi Gazette Part II Sect. I Dated 13.1.1982

(1) Judgments may be either oral or written

(2) When the Court delivers an oral Judgment, it shall be taken down by the shorthand-writer. A transcript shall then be prepared for correction by the Judge or Judges who delivered the Judgment A fair copy of the transcript so corrected shall be signed by the Judge or Judges and dated with the date of delivery and shall be the record of the Judgment

7A. When any suit or matter is heard by two or more Judges.

(i) If they have agreed to a written judgment and signed it, one of them may pronounce the judgment in the absence of the other or others;

(ii) if any one or more of them have written separate judgments, one of them may pronounce the judgments written and signed by the other or others in his or their absence

7B. Where a written judgment is to be pronounced it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out, and it shall not be necessary for the Court to read out the whole judgment; but a copy of the whole judgment shall be made available for the perusal of the parties or their pleaders immediately after the judgment is pronounced

When a suit is allowed to be withdrawn with liberty to bring a fresh suit in respect of the same subject-matter, then unless the Court shall otherwise direct, the order shall be drawn up so as to make the payment of the costs of the suit a condition precedent to the plaintiff bringing a fresh suit.

Where the Registrar considers it necessary thai the draft of any decree or order should be settled in the presence of the parties or where the parlies require it to be settled in their presence, the Registrar shall by notice in writing, appoint a time for settling the same and the parties shall attend the appointment and produce the briefs and such other documents as may be necessary to enable the draft to be settled.

Where any party is dissatisfied with the decree or order as settled by the Registrar, the Registrar shall not proceed to complete the decree or order without allowing that party sufficient time to apply by motion to the Court.

The Registrar shall cause copies of decrees to be prepared without delay for communication to the Collector in cases in which pauper costs are recoverable by Government.

After a decree or order has been sealed, any application to rectify any inaccuracy other than a clerical or arithmetical error and to make it in accord with the judgment, shall be made to the Judge who passed the decree or order, or in the event of his absence, to any other Judge, and the Judge may after notice to the parties, when he deems it necessary amend the same so as to bring it into conformity with the judgment, or rectify such inaccuracy or error. Save as aforesaid no alteration or variation shall be made without a review of judgment and re-hearing under the provisions of section 114 and O. XLVII of the Code.

When a suit is brought on behalf of a minor, the next friend shall make an affidavit, to be presented with the plaint in the suit, that he has no interest directly or indirectly adverse to that of the minor, and that he is otherwise a fit and proper person to act as such next friend. The age of the minor shall also be stated. No formal appointment of the person instituting the suit as next friend need be made.

(a) The next friend shall file along with the plaint a memorandum in writing stating his address for service

(b) If the next friend fails to file his address for service as aforesaid or within such further time as the Registrar may ailow, the plaint shall not be admitted

(a) In suits where the defendant is a minor, the Plaintiff shall file with the plaint a list of relatives and all other persons with correct addresses, who prima facie are most likely to be capable of acting as guardian for the minor defendant in the suit

(b) A notice shall issue simultaneously to all such persons, single process fee being levied. Such persons shall be deemed to be unwilling to act as guardian ad litem, if, after service of notice, they fail to appear on the date fixed

(c) If the persons specified in the list filed under sub-rule (1) are unwilling to act as guardian ad litem, the Registrar may, if there be more defendants than one and their interests are not adverse to the minor, appoint one of such defendants who may be willing to act as guardian ad litem; or may appoint forthwith one of the officers of the Court as such guardian ad litem

Every guardian ad litem of a defendant other than an officer of the Court, shall, within seven days of the order of his appointment as such or within such further time as the Registrar may allow, file in Court a memorandum in writing stating his address for service. Failure on his part to do so may be deemed sufficient ground for removing him under rule 11 of Order XXXII of the Code.

The provisions contained in this Chapter so far as they may be applicable extend mutatis mutandis to persons adjudged, to be of unsound mind and to persons who, though not so adjudged, are found by the court, on enquiry, to be incapable of protecting their interests when suing or being sued by reason of unsoundness of mind or mental infirmity. These provisions shall apply to appeals and applications connected therewith.

Order XXXVII of the Code of Civil Procedure as in force from time to time shall apply to suits filed under this Chapter

Commercial suits include suits arising out of the ordinary transactions of merchants, bankers and traders; and amongst others those relating to the construction of mercantile documents, export or import of merchandise, affreightment, carriage of goods by land, sea or air, insurance, banking and mercantile agency and mercantile usages.

Where a plaintiff, on the presentation of the plaint, applies that his suit may be dealt with as a commercial suit, fie Registrar shall if satisfied that the suit is a commercial suit, the Registrar shall if satisfied that the suit is a commercial suit and has been brought without undue delay, cause the plaint to be marked with the words "Commercial suit" in addition to the usual endorsements.

Explanation:- A suit which has been brought within six months of the cause of action having arisen has been brought without undue delay

(a) On such day in the week as may be fixed by him, the Registrar shall sit to fix dates in suits, miscellaneous and interlocutory applications and other matters pending on the original side

(b) Subject to the orders of the Court, matters fixed for final disposal on any day of die week shall be entered in the list for that day according to the date of their registration provided that precedence be given to:-

(i) part-heard matters

(ii) as between the suit of the same year to commercial suits

(c) The cause-list shall be prepared under the directions of the Registrar and signed by him

(d) If there be more Judges than one on the Original Side, a separate cause list of the matters before each Judge shall be prepared in the manner aforesaid

Short causes shall be set down for hearing on such date as may be appointed for the purpose.

The following suits or matters shall be deemed to be short causes.

(1) Ex parte suits

(2) undefended suits

(3) suits to which Chapter XV applies;

(4) mortgage suits, rent suits, on bonds or acknowledgments;

(5) objection to commissioners report;

(6) such other suits or matters as may, by special order of the Court, be directed to be tried as short causes.

Any other suit or matter shall be deemed to be a long cause.

Suits to which Chapter XV applies shall not be set down for hearing till the expiration of ten days from the date of service of summons. If an application for leave to defend is filed within those ten days, notice shall be given to the plaintiff or his advocate and the suit shall be set down for hearing of the application instead of for final disposal.

The Court may at any time for sufficient reasons, order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable: Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit.

Upon any application evidence may be given by affidavit; but the Court may, at the instance of either party order the attendance for cross-examination of the Deponent, and such attendance shall be in Court, unless the Deponent is exempted from personal appearance in Court or the Court otherwise directs.

Every affidavit shall be instituted in the cause, appeal or matter in which it is sworn.

Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs to be numbered consecutively, and state the description, occupation, if any and the true place of abode of the Deponent.

Affidavits shall be confined to such facts as the Deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted, provided that the grounds thereof are stated.

An affidavit requiring interpretation to the deponent, unless interpreted by any of the persons mentioned in Rule 7, shall be interpreted by an interpreter nominated or approved by the Court, if made within the jurisdiction of this Court, and if made I elsewhere, shall be interpreted by a competent person who shall certify that he has correctly interpreted the affidavit to the Deponent.

Affidavits for the purposes of any cause appeal or matter before the Court may be sworn before a Notary of any authority mentioned in section 139 of the Code or before the Registrar of the Court, or before a Commissioner generally or specially authorized in that behalf by the Court. The authority attesting any such affidavit shall wherever the person is known to him, append a certificate to that effect on the affidavit and where the person affirming the affidavit is not known to the authority concerned, the certificate shall state the name of the person by whom the person affirming the affidavit has been identified. Wherever an affidavit is affirmed by an illiterate person or a person not conversant with the English language, the authority concerned shall before attesting the same translate and interpret the contents of the affidavit to the person affirming the same and certify the said fact separately under his signature.

Where the Deponent is a Pardanashin lady, unless she is known to the person attesting the affidavit, she shall be identified by a person to whom she is known and that person shall also prove the identification by a separate affidavit.

Every exhibit annexed to an affidavit shall be marked, initialled and dated by the authority before whom it is sworn.

Every application for the appointment of a receiver shall be made in writing and shall be supported by an affidavit.

On an order of the appointment of a receiver being drawn up and signed, an entry shall be made in a register to be kept for the purpose. A copy of the order of appointment shall be sent to the receiver.

Where an order is made directing a receiver to be appointed, the person appointed, if not the Official Receiver, shall, unless otherwise ordered, first give security to the satisfaction of the Registrar for the due performance of his duties as receiver. Unless the Court otherwise orders, the Registrar shall take the personal bond of the receiver with such number of sureties as he may consider necessary. The amount of the bond shall be double the annual rental of the immovable property, or the value of the movable property which is likely to come in to the hands of the receiver. Such annual rental value shall be estimated after notice to the parties and the receiver and in case of disagreement the matter shall be placed before a Judge in Chambers for orders. The sureties shall leave with the Registrar an address within the jurisdiction of the Court for service of any notice on them.

If the security mentioned in rule 3 be furnished by the receiver by his executing a bond with a surety or sureties (including in the latter term a guarantee Company or Society), the surety or sureties shall be entitled, by an application to bring to the notice of the Court any act, omission or neglect of any duty cast on the receiver by law or any other circumstance, which would entitle the surety or sureties to be discharged from the obligation created by such bond and the Court may there upon make such order and on such terms as it may think fit.

Unless otherwise ordered by the Court, the Receiver shall, within one week of the appointment, submit to the Court a detailed report regarding the property with an inventory of the property, account books, documents etc. taken charge of by him.

Unless otherwise ordered by the Court the Registrar shall in consultation with the parties give appropriate directions for the investment of all monies received by a receiver. Ordinarily such monies shall be deposited in a scheduled Bank or invested in Government securities.

The surety or sureties mentioned in rule 4 shall be entitled to notice of any application to the Court, on the part of the receiver or any other party interested, relating to any property in the management or under the control of the receiver which may affect the risk undertaken by the surety or sureties under the security bond furnished by the receiver and the Court upon hearing the said surety or sureties may make such order as to his or their cost of appearance in such application as it may think fit.

In the absence of any order in that behalf every receiver of immovable property shall have all the powers specified in Order, XI, rule I(d) of the Code, except that he shall not without the leave of the Court-

(a) grant lease, or

(b) bring suits, except suits for rent, or

(c) institute an appeal in any Court (except from a decree in a rent suit) where the value of the appeal is over Rs. 1000, or

(d) expend on the repairs of any property in any period of two years more than one- fourth of die net annual rental of the property to be repaired, such rental being calculated at the amount at which the property to be repaired could be let out within fair state of repairs

The scale of remuneration of the Receiver shall, unless otherwise ordered by the Court in a particular case, be as under:-

(1) on

(a) Rents recovered

(b) out standings recovered except as provided in item (2) below ad

(c) Value realized on the sale of movable and immovable properties calculated on any one estate:

(i) On First Rs. 10,000

(ii) Above Rs. 10,000 upto Rs. 20,000 3 p.c.

(iii) Above Rs. 20,000 upto Rs. 50,000 2 p.c.

(iv) Above Rs. 50,000 upto Rs. 1,00,000 1 p.c.

(v) Above Rs. 1,00,000 1/2 p.c

(2) On out standings recovered form a Bank or from a public servant without filing a suit-

(i) Upto Rs. 1,00,000 1 p.c.

(ii) On any further sum exceeding Rs. 1,00,000 1/2 p.c.

(3) For taking charge of movable property which is not sold, on debentures, debenture-stock or other securities which are not sold on the estimated value 1 p.c.

(4) For taking custody of moneys 1 p.c.

(5) For taking custody of Government securities of stocks, shares the estimated value 1 p.c.

(6) For any work, not provided for above, such remuneration as the Court on the application of the receiver shall think reasonable Whenever the properties are in charge of an official receiver the above fees shall be credited to Government revenue

The establishment, clerical or otherwise, required by a receiver, if any and the cost thereof chargeable to the state or property of which he is appointed receiver shall, as far as possible, be detailed in the order of appointment or in subsequent order.

Unless otherwise ordered, no charge for additional establishment shall be allowed to the receiver.

Every receiver shall, unless otherwise ordered, file his half-yearly accounts in Court, the first of such accounts to be filed within one month after the expiration of six months from the date of his appointment, and every subsequent account within one month fter the expiration of each succeeding period of six months, or in a case where the purpose for which the receiver was appointed has been carried out or completed before the expiry of six months from the date of appointment, within one month from the date of such carrying out or completion. Form of Affidavit Every such account shall show the balance in hand, and if so what portion thereof is required for the purposes of the estate, and how much may be paid into Court in invested and shall be verified by an affidavit.

Every such account, before being submitted to the court, shall be examined and verified by the Registrar who may for this purpose require the attendance of the receiver or his explanation or his evidence upon oath or affirmation, or the production of any document by him and receive within such time as he may appoint and decide objections to the account and shall embody the result of his examination in a report.

Notice thereof After the Registrar shall have submitted his report to the Court under rule 13, he shall obtain a date from the Court for passing such accounts, on which date notice shall be given to the persons interested including the sureties and to the receiver.

Objections, if any to the report shall be filed in Court one week before the day fixed for the passing of the accounts or within such further time as may be allowed by the Court. They shall specify in a concise form the nature of the objections and shall be signed and verified.

Where no objections are filed, the Court shall if otherwise satisfied, pass such accounts. Where objections have been filed the Court shall subject to rule 18 after hearing the objections make such order as it may think proper.

The Court may, from time to time adjourn the hearing of any objections or may refer them to an officer of the Court or to any other person, with such direction as the Court may deem fit.

In any case where the accounts are difficult and complicated, the Court may order such accounts to be audited at the expense of the estate by a Chartered Accountant.

The Court, on the passing of the Accounts, may make such order as to the payment of the balance, or any part thereof, either into Court or in such other manner as may seem proper.

Where any receiver neglects to file his accounts, or to pass the same or to pay the balance or any part thereof as ordered the matter shall be reported by the Registrar to Court, and the Court may from time to time, when the accounts of such receiver are produced to be examined and passed, not only disallow, the remuneration where claimed by such receiver but also charge him with interest not exceeding nine per cent per annum upon the balance, if any, so neglected to be paid by him during the time such balance shall appear to remain in the hands of such receiver.

Where any receiver fails to file any account or to make any payment or commits any other default the receiver or persons interested or any of them, may be required by notice to attend before the Court to show cause why such account or affidavit has not been filed or such payment made or any other proper proceeding taken and thereupon the Court may give such directions as may be proper, including the discharge of the receiver and appointment of another and also the payment of costs by the defaulter.

Subject to the order of the Court, Rule 8 shall apply to a guardian of the person or estate of a minor and the manager of the estate of a lunatic appointed by the Court.

Unless otherwise ordered by the Court, the provisions of this Chapter shall apply mutatis mutandis to orders for appointment of interim receivers.

1 Substituted vide Notification No. 241/DHC/Rules dated 1-9-88, w.e.f. 1-9-1988

(a) Subject to any directions given by the Court, where security is ordered to be given to the satisfaction of the Registrar, the party ordered to give security shall take out a summons within 14 days of the date of the order and shall serve the same upon the opposite party

(b) The summons shall state the name and address of each surety to be tendered and a full and sufficient description of the property to be given as security

(a) Simultaneously, every person offering himself as a surety shall make and file an affidavit of justification touching the value of his property and the debts and liabilities to which it is subject and also a draft of the bond proposed to be given. Copies of such affidavits and the draft bond will be served along with the summons on the opposite party

(b) Affidavits of justification shall be deemed insufficient unless they state that each person justifying is worth the amount required, over and above what will pay his just debts and over the above every other sum for which he is then surety

Unless time be extended by the Court, the Registrar shall allow or disallow the surety within 60 days of the order requiring security.

(1) Every person offering himself as surety, shall produce before the Registrar all his title deeds, vouchers and other relevant and necessary documents on the day fixed for his examination. Such person may be examined by the Registrar on oath or solemn affirmation touching the value of his property, and the debts and liabilities to which it is subject. After being examined and allowed, he shall sign the requisite bond and shall deposit his title deeds, vouchers and such other documents as the Registrar may require: Provided that in any case the Registrar may, on good cause shown dispense with the deposit of some or all of the said documents and may return the same to the surety with an endorsement thereon as follows. To whomsoever it may Concern Take notice that the property to which this document relates stands charged for the payment of a sum of Rs....................by a bond executed on.......................day of ...................19..........by......................................in suit No...................of 19............... entitled......................................vs.......................................pending in the High Court of Delhi

.

(2) The endorsement referred to in the proviso to sub-rule (1) shall be cancelled by the Registrar when the surety is or stands discharged

The title deeds may relate to immovable property situate beyond the local limits of the ordinary jurisdiction of the court, but shall in all cases be in the name of the proposed surety. A surety may justify also in respect of movable property of which he can produce evidence satisfactory to the Registrar such as deposit receipts, Government promissory Notes, or other evidence of title.

A tender of notice of more than two sureties shall not be accepted except by order of the Court.

Except with the specific permission of the Registrar, no person other than the party giving security, the sureties and their respective advocates, the party or parties, if any, on whom notice has been served and his or their advocate or advocates, shall be present at the examination of any surety by the Registrar.

Unless the Court otherwise orders, an advocate practising within the limits of the jurisdiction of the Court, a clerk of such advocate or an officer of the Court, shall not be accepted as surety.

If a party is required to give security for costs, unless the Court otherwise orders, the penal sum in the bond shall not be less than one thousand rupees.

All papers and records relating to the taking of security, including securities and security bonds, shall be kept by the Registrar in safe custody in his safe in the strong room after making an appropriate entry in a register to be maintained by him for the purpose.

(a) Except where otherwise provided by these Rules, or ordered by the Court, all summons, notices, orders or other documents required to be given to or served on a party or person, who resides within the jurisdiction of this Court, shall be served on such party or person either personally or on his advocate.

(b) Service of any notice, order or other document upon a person who resides outside the jurisdiction of this Court, but within the territory or India, may ordinarily be effected by posting a copy of the document required to.be served in a prepaid envelope registered for acknowledgement addressed to the party or his agent empowered to accept service, at the place where the party or his agent resides or carries on business or personally works for gain.

(c) Notwithstanding anything hereinabove contained in rule 1(b) the Registrar may direct in a particular case or class of cases, that the service shall be effected in the manner provided by the Code for service of summons

(d) Unless the contrary is proved, a document served by post shall be deemed to be served at the time at which it would be delivered in the ordinary course of post.

Process fees for the issue of summons, notice or other process and costs of advertisements shall be furnished to the Registrar:

(a) In case where the returnable date fixed is less than four weeks, within three days of the order; and

(b) In other cases within seven days from the order directing such summons; and

(c) Within such further time as may be allowed for the purpose by the Registrar. If the plaintiff or applicant fails to take any step or where the plaintiff or applicant commits default in furnishing the process fee or in making such payment or it appears to the Registrar that he is not prosecuting the matter with due diligence, the Registrar shall call upon him to explain his default and if no explanation is offered, or if the explanation offered appears to Registrar to be insufficient, the Registrar may issue a summons calling upon the plaintiff or the applicant to show cause before the Court why the plaint or the application should not be dismissed

Upon such summons being issued, the Court may, after hearing the plaintiff, dismiss the suit for non-prosecution or give such other direction thereon as justice of the case may require.

Persons on whom processes are to be served or executed, shall be described therein fully, by a statement of the name, fathers name and other particulars as will facilitate identification and service. In the case of service and execution of process in towns the name of the street, lane or section and the number of the house (if any) shall also be given.

Summons shall issue for final disposal in short causes and for settlement of issues in long causes.

Unless otherwise ordered every writ of summons shall be made returnable as follows:-

(1) if the defendant or all the defendants reside within the jurisdiction of the Court, in four weeks from the date of the admission of plaint; and

(2) in all other cases, within such time as may be considered sufficient for the transmission, service and return of the summons

Process for service or execution shall be made ready and issued expeditiously.

The serving officer shall serve all processes entrusted to him after due enquiry as to the identity of the persons on whom or the house or properly where the same is to be served:

Provided that if it appears to the Registrar that sufficient information cannot be given as to the identity and place of residence of the person on whom process is to be served or as to the house or property where process is to be served or if the Registrar is satisfied from the affidavit of the serving officer or upon his examination on oath (if necessary) that the person or the house or property or the place of residence of the person aforesaid could not be identified after due diligence and enquiry, he may ask the party concerned to supply an identifier.

If the serving officer is not personally acquainted with the person to be served, he shall, whenever possible obtain on the original process the endorsement by signature or thumb-impression of a respectable person of the locality identifying such person or place of residence or the house or property on which the process is served.

Where the person to be served, or his agent, refuses to sign the acknowledgment or where the serving Officer, after using all due and reasonable diligence, cannot find that person and there is no agent empowered to accept service of the summons on his behalf, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which that person ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court for which it was issued with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so and the name and address of the person (if any) by whom the house was identified, and in whose presence the copy was affixed. He shall also obtain the signature of the person on the return, who identified the person or in whose presence the copy was affixed on the said house.

(a) Every process serving officer shall immediately, after completion of any duty connected with any process, record with his own hand upon the original process at the place of execution and in the presence of at least one respectable witness his report specifying the manner of execution or the causes which prevented execution. Thereafter, he shall swear or affirm to the correctness of that report before an officer of the Court, duly authorized in this behalf and file the same in Court together with the process

(b) Process serving officer must invariably note the date, hour and exact place of service on each individual process

(c) If the process is addressed to more than one person, the report shall describe the manner of service on each person and also the sequence in which the processes are served on different person

The serving officer shall make an affidavit as to the following matters-

(1) the number of times and the dates and hours at which he went to the house;

(2) the attempts made by him to find the person to be served

(3) Whether he had any and what, reason to suppose that such person was within the house or in its neighbourhood, or endeavouring to evade service; and

(4) whether any adult male member of the family of the person to be served was residing with him

If a summons to defendant is affixed to the outer door of his house in the manner provided in rule 12, the serving officer shall affix thereto a notice that the person, so served, can upon an application to the Court obtain a copy of the plaint and shall in his return state that he has done so and shall return the plaint to the Court.

The Registrar shall in all cases where the process has been returned and in which an appearance has not been entered on the day appointed therefor hold an inquiry as to the sufficiency of service of process. Such inquiry may be adjourned, if necessary, from time to time. Affidavits and further affidavits may be received or evidence taken viva voce at such inquiry. No matter shall be placed before the Court unless the Registrar is satisfied that the defendant or the opposite side has been duly served, wherever a defendant has been so served, but does not appear on the date appointed and the Registrar, after holding an inquiry aforesaid, is satisfied that the defendant or the opposite side has been duly served, he shall report the matter to the Court and the Court shall pass such orders as it deems fit.

Unless otherwise ordered, a second or subsequent process shall not be issued until after the one previously issued has been returned.

The Registrar and, subject to his directions, any other officer of the Court shall execute or cause to be executed through the officers of the Court all processes including all warrants or orders for the delivery, attachment or sale of property in execution, or for the arrest or custody of any person, which may be entrusted, to the Registrar for execution. They shall return all warrants and orders within the time prescribed, with an endorsement specifying the manner of execution or the causes which prevented execution. Such warrants and orders shall be filed in the record. A process service register shall be kept in the prescribed form.

The Registrar shall note on every process the date on which it was delivered to the process server.

Service of any process, notice, order or other document on the advocate of any party may be effected by delivering it to the advocate or by leaving it with a clerk at his place of business.

Except where the process, notice, order or other document has been served through the Registry, the party required to effect service shall file an affidavit of service along with such proof thereof as may be available stating the manner in which the service has been effected.

Where process, notice, order or other document has been served through another Court, the service be proved by deposition or affidavit of the serving officer made before the Court through which the service was effected.

(a) The Registrar and subject to his directions any other officer of the Court shall receive all monies paid into the Court and shall pay out all monies duly ordered to be paid out of Court

(b) Money may be paid or deposited in Court by postal money order. In that case, the person making the payment shall send to the Registrar a statement containing full particulars regarding the intended payment or deposit

(a) A person paying money into or depositing property in the Court in part or full satisfaction of a decree or order shall give notice through the Court of such payment or deposit to the judgment-creditor

(b) Where the decree directs payment of court-fees to Government under O. XXXIII, rule 10 of the Code, no order shall be made on the application for payment of such money or delivery of such property without giving notice thereof to the Collector at the expense of the applicant

When jewellery or other valuables are brought into Court, three copies of a descriptive list thereof shall be presented and shall be checked and signed by the Registrar in the presence of the depositor. The jewellery or other valuables shall be placed in a box furnished with a lock and key to be provided by the Depositor. A copy of the list shall be kept in the box and the box shall then be locked and sealed with the seal of the Court. One copy of the list shall be given to the depositor and the third copy of the said list and the key of the box shall be retained by the Registrar. The box shall thereafter be kept in safe custody by the Registrar or in such other custody as the Court may direct.

Every application for payment of money or delivery of property deposited in Court, shall be instituted in the suit or matter and shall also show the number of the execution application, if any pending, showing the right and interest of the party applying and the amount claimed.

Applications to make or receive payments shall be duly checked by reference to the record of the suit or matter before submission for orders to the Registrar.

On the application of the decree-holder or other person entitled to any money deposited in Court and not expanded for the purpose for which it was deposited, if there is no objection to the payment of money on the ground of attachment or otherwise, the Registrar may order that the amount, after making all necessary and lawful deductions, be sent to the application at his risk-

(i) by money order, or

(ii) by bank draft by registered post acknowledgment due; or

(iii) in any other manner specified by the applicant, which the Registrar approves: Provided that before payment is ordered to be made under clause (ii) or (iii) the applicant shall submit a duly stamped receipt for the amount due in the form given below:- Form of Receipt Received the sum of Rs.......... (Rupees.........only) from the High Court of Delhi bearing the amount deposited in the said Court in connection with. (Stamp) Dated (Signature of the Payee)

Unless otherwise ordered by the Court, no payment in excess of Rs. 1,000 shall be made to an advocate on behalf of his client without special authorization in that behalf by the client in favour of the advocate.

The following account books shall be kept:-

A. Book of receipts for money paid into Court

B. Process-fee receipt book

C. Register of deposit receipts, viz., register of sums received in Court in connection with suits or judicial proceedings and deposited with Government (to be kept in duplicate)

D. Register of deposit payments, viz., register of payments from sums received into Court in connection with suits or judicial proceedings and deposited with Government (to be kept in duplicate)

E. Files of applications for refund of lapsed deposits and of statements of lapsed Civil Courts deposits

F. Register of attached property

G. Register of money received on account of subsistence money of civil prisoners, expenses of witnesses and miscellaneous petty items required for immediate disbursement

H. Register of payments on account of subsistence money of civil prisoners, expenses of witnesses and miscellaneous petty items required for immediate disbursement

I. Cash Book

J. Ledger

K. Bank or Treasury pass book

L. Bank or Treasury cheque/voucher book

M. Register of receipts and of withdrawal of property left in the custody of the Registrar

N. Such other registers as may be directed by the Chief Justice to be kept

The Registrar or such other officer, as may be specifically authorized by the Chief Justice in that behalf, is authorized to sign cheques. He shall at least once a month call for the registers and accounts and satisfy himself that the entries have been carefully and properly made. When such inspection is made, he should note the fact in his own hand on the register or account inspected.

The Registrar, or such other officer as the Chief Justice may appoint for the purpose, shall be the Taxing Officer of the Court.

Each party shall within seven days from the-date on which judgment is delivered or order is passed or within such further time as the Taxing Officer may allow, submit his bill of costs.

The bill of costs shall set out:-

(A) process-fee spent;

(B) expenses of witnesses;

(C) advocates fee, and

(D) such other amounts as may be allowable under the rules, or as may be ordered by the Court as costs.

When a bill of costs has been lodged for taxation two days notice or such further time not exceeding seven days in aggregate as the Taxing officer may allow, shall be given to the opposite party;

Provided that no notice shall be necessary in any case when the defendant has not appeared in person or by his advocate or guardian

No expenses of witnesses other than those paid through the Court shall be included in the costs allowed.

(a) Advocates fee shall be taxed on the basis of a certificate filed under rule 2, Chapter 5, but not exceeding the scale prescribed in the Schedule appended to this Chapter. Other costs shall be taxed according to the charges necessarily and actually incurred. These charges shall include in addition to other costs allowable under the rules the costs of printing, pleadings, etc. for the use of the Court, the fees paid at the Registration office for searching and for obtaining copies of the necessary documents filed in Court, fees, if any, paid to the officers of the Court as prescribed by clause (d) of the said schedule and the costs of preparation of process taxed according to the scale prescribed

.

(b) Where at the hearing of any suit other than those covered by Rule 8 below, more than one Advocate have appeared, the Court disposing of the matter may allow such fee for a second Advocate, as it deems fit not exceeding half the fees allowable as prescribed in Schedule A

(c) Unless the Court expressly directs otherwise the following shall not be deemed to have been incurred necessarily within meaning of sub-rule (i) and shall not be taxed:-

(i) Court fee stamps on all applications dismissed or not allowed or not pressed

(ii) Court fee stamps on all unnecessary or defective application or applications to suit the convenience of a party such as adjournment of hearing, for time to file written or other statements or to take some steps for showing cause in case of any fault or omission, for withdrawing a claim or for amendment by pleading of petition;

(iii) expenses on affidavits improperly or unnecessarily filed;

(iv) expenses of filing and proving unnecessary documents or documents which the other party was not previously called upon to admit by notice or of exhibiting interrogatories unreasonably vexatiously or at improper length;

(v) process-fees for serving persons found by the Court to have been unnecessarily impleaded or the suit against whom has been dismissed, withdrawn or not prosecuted;

(vi) Charges incurred in connection with the attendance of necessary witnesses; and

(vii) retaining fee to an advocate

Where an advocate appears for different parties in the same suit or matter, only one set of fees shall be allowed.

In the case:-

(i) Summary suit under Order XXXVII of the first Schedule the Code of Civil Procedure, 1908, where the defendant does not appear or where leave to defend is refused or where a decree is passed on the defendant failing to comply with the conditions on which leave to defend was granted and appeals against decrees in such suits,

(ii) Suit the claim in which is admitted but only time or instalment for payment is asked for

(iii) Suit which is got dismissed by the plaintiff for want of prosecution before settlement of issues or recording of any evidence, except evidence under rule 2 of Order X of the Code of Civil Procedure

(iv) Suit which is withdrawn before the settlement of issues or recording of any evidence, except evidence under rule 2 of Order X of the Code of Civil Procedure.

(v) Suit in which judgment is given on admission under rule 2 of the Order XII in the First Schedule of the Code of Civil Procedure, 1908, before the settlement of issues or recording of any evidence, except evidence under rule 2 of Order X of the Code of Civil Procedure

(vi) Suits in which no written statement is filed and appeals from decrees in such suits

(vii) Suits compromised before the settlement of issues of recording of evidence, except evidence under rule 2 of Order X of the Code of Civil Procedure

(viii) Any formal party to a suit, e.g., a trustee or estate holder who only appears to submit to the orders of the Court and asked for his costs

(ix) A suit which has abated

(x) A plaint returned for presentation to the proper Court:- The amount of Advocates fees to be allowed shall be fixed by the Court disposing of the matter and shall not exceed 1/2 of that payable according to the rate specified.

An advocate who has been employed by the heirs of a deceased party is not entitled to have fresh fees taxed.

In all proceedings in which a Commission is issued to examine any person under the provision of Section 75 of the Code of Civil Procedure the Advocates fee shall consist of an amount computed in accordance with the above rule plus such fee per day or appearing before the Commissioner as the court may in its discretion allow.

No application of review of taxation unless the taxation was ex-parte shall be made except on the notice on the apposite side.

Subject to any orders passed by the Court if the bill of costs is not filed within time allowed under rule 2, the bill be prepared by the taxing officer, and no application for review of taxation shall be allowed unless made before the decree is signed.

The only costs which shall be allowed after taxation shall be the costs of execution or of transmission of the decree to another court.

Where proportionate costs or costs in proportion are allowed, such costs shall bear the same proportion to the total costs as the successful part of ihe claim bears to the total claim.

Any party, who may be dissatisfied with the decision of the Taxing Officer as to any item or part of any item, may not later than fourteen days from the date of the decision or within such further time as the court may allow, apply to the court for an order to review, the taxation as to the said item or part of any item and the court may thereupon after notice to the other side, if necessary make such order as to it may seem just, but the taxation of the Taxing Officer shall be final and conclusive as to all matters which shall not have been objected to in the manner aforesaid.

Such application shall be heard and determined by the Court upon the evidence which shall have been brought in before the Taxing Officer and no further evidence shall be received upon the hearing thereof, unless the court shall otherwise direct.

In this Chapter the word decree includes order. Application for Transmission.

(a) An application for transmission of a decree to another Court for execution shall be in the form prescribed and shall specify the Court to which the transmission of the decree is sought and whether the decree has already been satisfied in part and if so to what extent. The same shall be supported by an affidavit. It shall also be accompanied by a certified copy of the decree or an application for the same

(b) The Registrar shall transmit by registered post at the cost of the applicant the certified copy of the decree together with the other documents mentioned in Order XXI, rule 6 of the Code to the Court to which the transmission is sought in accordance with the provisions of rules 4 and 5 of Order XXI of the Code. Application for Execution

An application under rule 15 of O.XXI of the Code shall be in the prescribed form and supported by an affidavit.

Applications for execution shall ordinarily be checked in the order in which they have been filed by reference to the Register of Civil Suits and all objections thereto, if any, shall be noted therein and then be submitted to the Registrar, for orders. All applications for execution, when admitted, shall be entered in the Register of execution applications.

When an application is made by one or more of several joint decree=holders, unless a written authority signed by the other decree-holders for the applicant to execute the decree and to receive the money or property recovered is filed in Court, the Court or the Registrar, may give notice of the order, if any, passed for the execution of the decree to all the decree-holders who have not joined in the application and may also give notice of any application for payment or delivery to the applicant of any money or property recovered in execution.

Where execution is for arrest of a judgment-debtor and the judgment-debtor does not appear on the day of hearing fixed under the notice issued or on such other day to which the hearing thereof is postponed, the notice and the affidavit of service thereof shall be filed and the Registrar, shall thereafter, place the matter before a Judge in Chambers for orders.

Execution shall not issue against the property of a judgment-debtor at once with the issue of execution against his person. But a judgment-creditor desiring to proceed against both simultaneously, shall apply to the Court and in case of such application being refused, shall not be allowed to include the costs thereof in his costs as against the debtor without the special order of the Court. But when a warrant for the arrest has not been executed, a warrant for attachment may, at the request of the judgment-creditor, be issued.

An application for the execution of a decree by the appointment of a receiver under section 51 and order XI, rule 1 of the Code to realize or otherwise deal with property under attachment shall be made to the Court, and such receiver shall, unless otherwise ordered, be subject to the rules of this Court, applicable to persons appointed as receivers of property in a suit.

The decree-holder shall file two copies of the draft referred to in Order XXI, rule 34

(i) of the Code and two copies of the notice in the prescribed form together with the prescribed process fee for service thereof. One of the copies of the draft shall be served on the person directed to execute the document in the manner prescribed for service of summons on the defendant to a suit

Unless otherwise ordered by the Court, a document shall be executed or a negociable instrument endorsed under Order XXI, rule 34(5) of the Code by the Registrar Arrest.

With every application for warrant of arrest before or after judgment there shall be deposited with the Registrar a sum of Rs. 5 for the intermediate subsistence of the judgment-debtor, pursuant to Order XXI, rules 39(1) of the Code. Attachment and Sale.

An incumbrancer, not a party to the suit, may at any time before the sale apply to the Court to be made a party, or for leave to join in the sale; such order shall be made thereon in protection of his right and as to costs as the Court shall deem fit.

A bailiff attaching movable property shall, furnish to the judgment-debtor or other person, from whose possession the movable property is attached, a receipt in the form of a list of the said property signed by the said bailiff and take an acknowledgement to that fact on the warrant of attachment.

Before making any order for the attachment of live-stock or other movable property, or at any lime after any such order has been passed, the Court or" the Registrar, may require the person at whose instance the order of attachment is sought or has been made to deposit in Court such sum of money as the Court or the Registrar may consider necessary:

(a) for the removal of the property to the Court premises or other appointed place and its maintenance, guarding and custody till arrival thereat;

(b) for the maintenance, guarding and custody pf the property at the Court premises or other appointed place till it is sold or otherwise disposed of; and

(c) for the maintenance, guarding and custody of the property at the place at which it was attached or elsewhere

In case of failure to deposit such sum within the .time prescribed by the Court or Registrar, the Court or Registrar may either refuse to issue or may cancel the order of attachment, as the case may be.

An account of the expenses actually incurred shall, on demand being made on or before the date of the sale, be furnished to the attaching creditor" and to the person whose property was attached. After hearing objections to the account, if any, made within three days of its receipt by a party, the amount that the Registrar finds to be properly due shall be deducted as first charge from the proceeds of the sale of the property and paid to the attaching creditor along with any balance of the deposit made by him.

(a) If in consequence of the order of attachment or for any other reason the person whose property has been attached, becomes entitled to receive back the live-stock or other movable property attached, he shall be given a notice by the Registrar that he should take delivery of it within the time specified by the Registrar on payment by him of the charges, if any, found by the Court or the Registrar to have been properly incurred and which have not been defrayed or for the defrayal of which no money has been deposited by the attaching creditor

(b) If he commits default in laking delivery of the property by failure to pay the requisite charges or otherwise, the Court may order thai the property be sold by public auction and that after defraying the charges referred to in sub-rule (a), if any, and the expenses of the sale, the balance of the sale-proceeds be credited to his account. Sale of Attached Property.

Wherever guns or other arms in respect of which licences have to be taken by purchasers under any law in force for the time being or any other articles in respect of which licences have to the taken under any law in force, are sold by public auction in execution of decrees, the Registrar shall give due notice to the District Magistrate concerned, or other appropriate officer, of the names and addresses of the purchasers and of the time and place of the intended delivery to the purchaser of such arms or other articles. No such arm or other article shall be delivered to the purchaser unless he holds a licence for the same.

In the case of property to be sold under the proviso to rule 43 of Order XXI of the Code, if such property is in the Court premises in the custody of the Registrar, he may authorize an officer of the court to sell the same by public auction and may give such directions as to the date and lime and place of sale and the manner of publishing the same as the circumstance of the particular case admit.

In addition to the particulars specified in sub-rule (2) of rule 66 of Order XXI of the Code, the sale proclamation shall contain a notice that only the right, title and interest of the judgment-debtor, is to be sold. The title, deeds or an abstract of the judgment- debtors title, if available, will be open for inspection at the office of the Registrar. The proclamation shall, whenever such information is available, also state in whose possession and occupation the property is and the tenancy or terms on which any person is in occupation or possession.

(a) If the judgment-debtor appears before the Registrar pursuant to the notice issued, under Order XXI, rule 66(2) of the Code, the Registrar, shall examine him on any matter affecting his title to the attached property. The judgment-creditor may also examine him on any matter relating thereto. If judgment-debtor fails to attend, the Registrar shall proceed ex-parte

(b) The Registrar may also exercise powers under Order XXI, rule 66(4). If any documents are produced relating to the attached property by an> person, the same shall be left with the Registrar, and shall be subject to his directions both as to their custody pending the sale and their ultimate disposal, such direction being subject to appeal to the Court

Whenever the sale of land or of a house or houses exceeding Rs. 10,000 in value or of movable property exceeding Rs. 10,000 in value is ordered, the Registrar shall with the permission of the Court, advertise such sale in a local newspaper or newspapers.

When any land or share of land is ordered to be sold in execution of a decree the Court shall send a copy of the proclamation of sale issued under Order XXI, rule 67 of the Code to the Collector concerned.

No arrest shall be effected and no sale shall be held in execution on Sundays or during holidays or vacation of the Court, except by leave of the Court or the Registrar.

(a) An application for leave to bid by the decree-holder at the sale shall be supported by an affidavit giving reasons why the applicant should be permitted to bid.

(b) In cases in which the Registrar considers that the applicant should not be allowed to bid for less than a sum to be fixed, it shall be competent to the Registrar to give leave to bid at the sale only on condition that the applicants bid shall not be less than the amount so fixed, which amount shall as far as practicable, be determined with the reference to the market value of the properly or of the lot or lots into which the property is divided for sale

On the day and at the time and place appointed for the sale, the proclamation of sale shall be read out before the property is put up for sale.

If there be no bid or the highest bid be below the reserved price (if any) or be deemed insufficient by the Registrar or other officer conducting the sale, he shall postpone the sae and record the reason for such postponement in the bidding paper.

The Registrar or other officer conducting the sale may for sufficient cause postpone the sale. The costs of a postponement rendered necessary by the absence of the Registrar or other officer conducting the sale shall be costs in the cause. The costs of a postponement made at the request of the party or by reason of his conduct shall be borne by him.

The name of each bidder at the sale of property shall be noted on a paper to be called "The bidding paper", each bid shall be signed by the bidder and the amount of the bid shall be entered opposite his name. If there be no bid, the words "no bid" shall be written in the biding paper opposite the property or, as the case may be, the number of the lot. If the highest bid be deemed insufficient, the words "not sold" shall be written opposite the property or the number of the lot. If the property be sold, the highest bid shall be inserted opposite the property or the number of the lot wherein the full name and address of the bidder be taken and his signature obtained and the purchaser shall write his full name opposite such entry and shall add his address and occupation. All notices thereafter served at the address so given shall be deemed to have been duly served on the purchaser.

A person purchasing for another as his duly authorized agent shall produce his authority in writing at the time of bidding, and sign the bidding paper as such, giving the full name, address and occupation both of himself and his principal. All notices thereafter served at either of the addresses given shall be deemed to have been duly served.

If the highest bid be equal to or higher than the reserved price (if any), the Registrar or other officer conducting the sale shall make an entry in the bidding paper to the following effect.-

"I declare...................................................to have been the highest bidder for the purchase of the property above set forth (or of lot No.) for the sum of Rs....."

Upon the completion of the sale the Registrar or other officer conducting the sale shall file in Court his report of the sale.

A sale of immovable property shall not be confirmed until after the expiration of 30 days from the date thereof. 1 Substituted vide Notification No. 241/DHC/Rules dated 1-9-88, w.e.f. 1-9-1988ORIGINAL SIDE PRACTICE DIRECTION No. 1

1. The cause list of flic Court would comprise of five categories as follows:-

(a) Short Matters.

(b) Miscellaneous Matters.

(c) Short Cause Matters.

(d) Long Cause Matters.

(e) Final Matters.

(a) Short matters would be such matters where no detailed arguments are expected to be advanced.

(b) Miscellaneous matters would include all matters wherein no evidence is required to be recorded and only arguments are to be advanced,

(c) Short Cause- matters would be such matters where the matter is likely to be completed on one hearing,

(d) Long Cause matters would be all other matters where the evidence is to be recorded for more than a day continuously,

(c) Final matters would be the main suits wherein final arguments are lo be heard

.

2. The Court shall fix actual dates in all these matters except that the Registrar/ Joint Registrar/Deputy Registrar can fix the cases before the Court in Short Mailers. Where the actual dates of hearing are yet to be fixed in the cases, the Registrar/Joint Registrar/Deputy Registrar shall fix the said matters as Short Matters before the Court for fixing the actual dates of hearing

.

3. The Court shall have the discretion to direct listing of any matter in any category.

4. For facility of fixation oi causes in the Court, bound registers will be maintained by the Court Masters incorporating the abovesaid classification and the actual dates fixed

.

5. A format annexed hereto, duly filled in, so far applicable, will be filed by the plaintiff in new matters, and in pending matters the format will be filed by both the parties. Thereafter, she formal will be filled in and completed by the Court Masters as and when new applications are filed and disposed of."

HIGH COURT OF DELHI

SUIT/PETITION/O.M.P. NOOF 199

...........................................Planiiff(s))/

...................................................Petitioner(s)

Vs.

.......................................................(Defendants))

........................................................Respondent(s)

Nature of the matter :

Status invoked :

ADVOCATES

Plaintiff(s)/Petitioner(s))

Defendant(s)/Respondent(s)

INTERLOCUTORY APPLICATIONS (LAs)

Sr. No.

No. & Yr.

FILED BY

P.L.T.F./D.E.F.

PROVISION'S

OF LAW

NATURE OF RELIEF

SOUGHT

REMARKS

ORIGINAL SIDE PRACTICE DIRECTION

No. 2 of 1973

List of witnesses

1. The list of witnesses required to be filed in accordance with Chapter VIII Rule 5(2) Original Side Rules will be in the form appended below.

FORM

IN THE HIGH COURT OF DELHI AT NEW DELHI

Suit No. of 19

Plaintiff/Petitioner vs. Deft/Respt.

Next date of hearing:

List of witnesses filed by the...........................................................................................

Serial

No.

Full name &

complete

Facts Sought

address to be proved

by the evidence

of the witness.

Documents sought

to be proved by the

evidence of the witness.

Part-A Witnesses required to be examined on Commission.

Part-B Witnesses required to product documents only, and who are not

required to give oral evidence.

Pan-C Witnesses required to give oral evidence and also to produce

documents.

Part-D Witnesses required to give oral evidence

but from whom no documents are required to be proved.

Filed by counsel of Plaintiff/Defendant/Filed

on........... Petitioner/Respondent

ORIGINAL

SIDE PRACTICE DIRECTION

No. 3 of 1974

Trial

1. (a) Whilst stating his case as required by Order 18

Rule 2 of the Code of Civil Procedure 1908, a party shall give a general

outline of his case and the nature of the evidence, oral as well documentary,

which he proposes to adduce, before calling any witnesses in support of his

case.

(b) If more than one counsel is engaged on behalf of a

particular party, the junior of those counsels will state the case on behalf of

that party.

2. After both parties have produced their evidence,

the party beginning may address the court on the whole case; the other party

may then address the Court on the whole case; and the party beginning may reply

on the whole case, provided that in doing so he shall not, without the leave of

the Court, raise questions which should have been raised in the opening

address.

3. Where the party entitled to make the closing

address raises any fresh point of law in that address or cites any authority

not previously cited, the opposite party may make a further address in reply,

but only in relation to that point of law or that authority, as the case may

be.

4. If a party or his recognized agent or the

representative of a corporate body party to the proceeding himself intends to

appear as a witness, he shall so appear before any other witness on his or its

behalf has been examined; provided that the Court may on an application made on

his behalf and for reasons to be recorded, permit him to appear as his or its

own witness at a later stage.

5. Notwithstanding anything contained in Order XVIII

of the Code of Civil Procedure 1908 or the Delhi High Court Original Side Rules

1967 the Court may for sufficient reason go on with the hearing although the

evidence of the party having the right to begin has not been concluded and may

also allow either party to produce any witness at any stage of the suit.

6. The Court Master of the Court shall lake charge of

every document or object put in as an exhibit during the trail of any case and

shall mark or label every exhibit with a letter or letters indicating the party

by whom the exhibit is put in or the witness by whom ii is proved, and with a

number, so that all exhibits put in by a party, or proved by a witness, are

numbered in one consecutive series.

7. The Court Master of the Court shall examine all

documents produced or offered in evidence and bring any apparent insufficiency

of the court fee or other stamps to the notice of the Judge for orders. He

shall endorse all documents admitted in evidence and all documents rejected

with the particulars required by law and sign or initial such endorsements.

8. A document, when tendered in evidence or produced

in Court, shall not be so endorsed or marked with the seat or any exhibit mark

as to make any part thereof illegible. Such endorsement, seal or exhibit mark

shall always be made on such part or parts of the document as do not contain

any writing and preferably on the side, top or bottom margin or cover page, if

any, of the document.

Provided that, if in any exceptional case, no such

part or parts of the document are available for placing the endorsement, seal

or mark, then the same shall be placed on a separate slip of paper and then

such slip shall be attached to the document.

9. At the hearing of a suit or other proceeding in

Court the Court Master shall make a note of the times at which each hearing

commenced and terminated respectively on each day on which it was heard.

10. When filing a list of witnesses in the form

prescribed by Practice Direction No.2 of 1973, the language in which the

witness will make his statement should, if possible, be indicated in the third

column of that form. This information is required in order to know whether the

services of an interpreter will be necessary.

11. When the interval between the date on which a date

for trial was fixed and the date of trial is more than six months, any party

may apply to the Registrar/Deputy Registrar at least one month before the date

of trial for letters to issue to the witnesses bound down reminding them that

their presence is required on the date of trial.

12. It will be the duly of counsel for the parties to

exchange, at least one day before the date fixed for the trial, lists of

Authorities to which they are likely to refer. Suclt

lists must also be handed in to the Court Usher at the latest by 9.45 A.M. on

the day of hearing. The lisls should be headed with

the Number and the Name of the Case and the names of counsel.

ORIGINAL

SIDE PRACTICE DIRECTION

No. 4 of 1974

Testamentary

and Interstate Jurisdiction

1. No application for the grant of probate or letters

of administration will be received by the Registry, except where the

Administrator General is the applicant, unless:-

(i) it is accompanied by an

affidavit of valuation as required by Section 19-I of the Court Fees Act 1870

prepared strictly in the form set forth in the third Schedule thereof and

(ii) the said affidavit has

annexed to it an appropriate account specifying all the property in respect of

which estate duly is payable upon the death of the deceased as required by

Section 56 (1) of the Estate Duty Act 1953 and

(iii) it affirms that a copy of the said

affidavit with the Account has been delivered to the Controller of Estate Duty

and

(iv) is also accompanied by

an affidavit of proof or certificate of death.

2. An application for probate shall be verified by at

least one of the witnesses to the will (when procurable) in the form sol forth

in Section 281 of the Indian Succession Act 1925, and the affidavit of such witness shall also be

filed. If no affidavit by any of the attesting witnesses is procurable,

evidence on affidavit must be produced of that fact and of the handwritings

and/or any circumstances which may raise a presumption in favor of due

execution of the will.

3. In all application for probate or for Cutlers of

administration with the will annexed the petitioner shall state the names of

the members of the family or other relatives upon whom the estate would have

devolved in case of an intestacy together with their present place of

residence.

4. In all application by a creditor for letters of

administration it shall be stated particularly how the debt arose and whether

the applicant has any and if so what security for the debt.

5. The Registrar or Deputy Registrar shall give notice

of all applications for probate or letter of administration to the Chief Controlling

Revenue-authority in accordance with Section 19-H of the Court Fees Act, 1870,

and it will be the duty of the petitioner or his counsel to ask for issuance of

the same.

6. In all applications for probate or tellers or

administration notice of the application shall be given to all the heirs and next of kin of the deceased

mentioned in the application.

7. Before selling down an application for probate or

letters of administration for final hearing in Court, the Registrar or

Deputy Registrar will certify:-

(i) that

notice of the application has been served on the Chief Controlling Revenue-authority.

(ii) that the account

prescribed by Section 56(1)(a) of the Estate Duty Act 1953 has been delivered

to the Controller of Estate Duty.

8. Non-contested applications for probate or letters

of administration may be disposed of either on affidavits or evidence as the

Judge hearing the matter may deem fit.

9. A copy of the affidavit of valuation of the

property of the deceased accompanying an application for probate or letters of

administration shall be annexed to the grant of probate or letters of

administration.

10. The forms prescribed in Nos. 173 to 180, both

inclusive, in Volume 6 Part A of the Rules and Orders of the Punjab High Court

(1960 edition), with such variations or modifications as the circumstances may

require, shall be used for the purposes therein mentioned.

11. Grants of probate or letters of administration

shall issue in the name of this Court and be signed by the Deputy Registrar.

12. An administration bond, unless dispensed with by

the Court, shall be executed in favour of the

Registrar. Unless otherwise ordered by the Court such bond shall be given with

two sureties approved by the Registrar or Deputy Registrar for the amount of

the value of the property for which the grant is made.

Provided that if the value is less than Rs.1000/- one

surety only may be taken.

13. Administration bonds shall be attested by the

Deputy Registrar or by such other officer(s) of the Court as may be nominated

by the Registrar.

SCHEDULE

TABLE OF FEES

A. In defended suits., (i) If the amount or value shall exceed Rs.one lakh and not exceed Rs.Five Lakhs, on Rs. One Lakh Rs.6,500/- and on remainder at two per cent.

(ii) If the amount or value shall exceed Rs. Five Lakh, on Five Lakh as above and on they remainder at I per cent subject, however that in no case the amount of fee shall exceed Rs.20,000/-

B. Deleted.

C. Miscellaneous proceedings.

(i) If any interlocutory application for any matter, excluding execution proceeding, Other than that of appearing, acting or pleading in a suit, such fees as the Taxing Officer may allow having regard to the nature and importance of the proceedings or matter;

Provided, however, that in no case the amount shall be below Rs.1,000/- or exceed Rs.2,000/-.

(ii) In execution proceedings or in appeals in execution proceedings, the advocate, fee to be allowed shall be one-fourth of fee calculated at the rates specified in Rule A(1) on the amount or value of the relief or money claimed in the application to execute decree. Such fees shall be charged only on the first application in any subsequent contested application.

(iii) In appeals, the fee shall be calculated at half the scale of the original suits and the principle of the above rules as to original suits shall be applied, as nearly as may be. D. Fees to Officers of Court:

(1) Fees of interpreter for explaining at other than the Court House, pleadings and other documents, whether not exceeding 20 folios 8.00 Wherever 20 folios, for every 10 folios or part thereof 2.50

(2) Fees for taking bonds and fees of commissioners for attesting affidavits or affirmations at any place, other than the Court House, For the first affidavit, oath or affirmation or bond within the municipal limits of Delhi 16.00

For the first affidavit, oath or affirmation or bond beyond such limits 24.00

For every affidavit, oath or affirmation or bond taken at the same time and place after the first, in the same suit, appeal or matter 8.00

(3) Fees of commissioners, for attesting affidavit oaths or at affirmations at the Court House, for every affidavit, oath or affirmation 2.00.