Delhi High Court Act Rules, 1966 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Notification
Year	1966
Jurisdiction	Central
Ministry	Ministry of Law and Justice
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	constitutional

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PUILtS"'. DY AUTHOIlITY ~~rcn~ JT EXTRAORDINARY 1 ~TfT n--l~fll ~ I

PART ll-Section I Trfi:l~H ~ >{~Tf~ff tc PUBLISHED BY AUTHORITY f~~T 5i~m;;:

DELHI ADMN.

~ 17J No. I7J m~), ~~~qfC{cn~J li~ 18, 19 67/~"filT~ 28, 18 89 DELHI, THURSDAY, MAY 18, 1967/VAISAKHA 28, 1889 DELHI HIGH COURT NOTIFICATION New DeLhi, t/l,e 11th May 1967 No. lO.-The following is published for general information :

In exercise of the powers conferred b y section 122 of the Code of Civil Pro cedure 1908 and Section 7 of the Delhi High Court Act, 1966 (Act No. 26 of 1966), and all other powers enabling i t , the Delhi Higfi Court hereby makes thl-=.

following Rules with respect to practice and procedure for the exercise of its : L ordin ary original civil jLlrisdiction. Objections. if any, may be forwarded to l\. the· Registrar, ~igh Court of Delhi, so as to reach him within one ,veek of thE' publication of this notification.

" ( 53 ) .. ' 7 dhc Text Box dhc Text Box dhc Text Box dhc Text Box dhc Text Box dhc Text Box 54 S1.

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1 2 3 4 5 -6 '7 S 9 10 II 12 13 14 15 :r6 17 IS 19 20 2 1 22 23 24 DELHI GAZETTE EXTRAORDINARY [PART II-SEC. I} DELH I HIGH COURT (ORIGINAL SIDE) RULES I967 Chapler No. J J U III IV V VI VII VIII IX X X I XII XIII X I V XV XVI X VII XVIII X IX XX XXI XXII XXIII XXIV INDEX Subject General Exercise of Original Civil Jurisdiction Form of Pleadings • Presentation of Plaint and Other Documents V akala tnama Appearance by Defendant. Written statement, set off arid Coun ter Claim Directions Pages 55-56 57-59 60 6I-63 63 63-64 65 Admissions, denials, framing of issues' and examination of parties . 65 Interlocutory Applications Commissions Witnesses .

Adjournments Proceedings at the hearing of suits and upto and inclusive of Decrees Suits by or against minors and persons of unsound mind Summary suits Commercial Suits Dates and Cause Lists Affidavits Receivers Security Procedure . ;

Processes etc.

Court Deposits and Payments Taxation of costs Proceedings in Execution 66 66-68 68-69 69 69-70 70-7 1 71-72 72 72 -73 73-74 74-76 76-77 77-80 80-8r 8[- 84 84-88 ------ ----------- ----._--.--_._--_._-- .- dhc Text Box dhc Text Box :J tpA ~T II-SEC. 1] DELHI GAZETTE EXTRAORDINARY 55

CHAPTER I GeneTaL

1. Short title.-These Rules may be called the "Delhi High Court (Origin al ;Side ) Rules , 196?".

2. Commencement.-These Rules shall come into force with e (Teet f ron1 SL1ch clate as may be notified.

;3 . Applioation.-All proc'eedings on the original side of the Court instituted or transferred pursuant t.o 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.

4. Definitions.-In these Rules , unless the context otherwise requiresea) "Advocate" means a person who is entitled Jp practise the p r of ession of law under the Advocates Act, 1961 (Act cl~O. 25 of 1961) ;

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

(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 settlem ent 01 13s11es and any adjournment thereof;

(g) " Interlocutory application" means an application in cllW suit, appeal or proceeding, already instituted in the Court, not being a proceed· ing 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 \·+her officer of the Court to whom the power and functions of the Regi.s trar uncleI' tflese 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 0 ;£ the Court whose duty it is to tax costs of proceedings in the Court;

(l) All other expressions used herein shall have the meaning ascri.bed to them by the Code or the General Clatlses Act, 1897 (10 of 1B97 ) , as the case may be.

;5. Steps .to be taken in the Registry.-Where by these rules or b y any o1'de1' of the Co.urt, any step is required to be taken in connection with an y ~uit, appeal or proceeding before the Court, that step. shall unless the context othen vise requires be taken in the Registr1'

6. Period how calculate-d.-Where a particular num.ber of days is prescribed by these Rules or by or under any other law or is 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 t he offi ce .of the Court is closed, that day and any succeedin g days on which th e Cour t remains closed shall also be excluded.

7. Forms 'to be used.-Theforms set out in the Code with such modiflCatiol1s or variations as the circumstances of each case may r eq1,1ire, shall be llsed for the purposes therein mentioned. Where no form requir ed for any purpose is prescribed, a form approved by the Registrar may be used.

dhc Text Box dhc Text Box 56, DELHI GAZETTE EXTRAORDINARY [PART II-SEC. 1];

8. How decree, order, w r it etc. t o nm.-Every decree, order, writ summons, WalTant or other mandatory process shall run. in the name of the Chief Justice and sha ll be signed by the Registrar or any other officer specifically authorised in t hat behalf, with the day, rnonth and year of signing and shall be sealed with, the seal of the Court.

9. Offici,a l Seal.-The official seal to be used in the Court shall be such as:

t he Chief Justice may from time to time direct and shall be kept in the custucly of the Registr a r.

10. Cus tod y of the Records.~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 a llowed to be taken out of the custody of the Court without the leave' of the Go urt.

11 . H ours of sitting-s.-Unless otherwise ordered by the Chief Justice, the Court shall hold its sittings on an working days from 10-00 A.M. to 1-00 P.M and. f rom 1- 45 P.M. to 3-45 P.M.

1. 2 . Office hours.-The offices of the Court shall remain open daily from 9-30' A.1VL t o 4-30 P.M. Any urgent matter filed before 12-30 P .M . shall be put up before the Court on the following working day.

1:3, Process and copying- fee.-In all proceedings on the Original Side of the Court process fee and copying fee shall be charged in accordance with the rules:

in force i rnrned iately before the appointed da y fixed under Section 3 of the Delhi High Cour t Act of 1966.

J .:I. Court's power to dispense wi'th compliance with the Rules.-The Court may , for sufficient ci=luse shown, excu se the parties from compliance with any of t.he r equirements of these Rules and m ay give such directions in matters of.

pn,ct ice a ne! procedure as it may consider just and expedient .

15 Application for 1lhe above pUl'pose.- Anapplication to be excused from compliance with the requirements of an y of the rules shall, ·in the first instance, be placed before the Registrar , who may without interfering 01' dispensing with, an\- m.andatory r equirements of the rules. make appropriate orders thereon, or, if 'i ri his opinion. it is desirable that the application should be dealt with by the Cour t. 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 0 11 a convenient d ay for orders.

16. Courts power to < enlal'g'e or abridge time.-The Court n1:;;ty enlar.ge · or a hridge the time appoilied by these Rules or fixed by any order enlarging time,.

fO I' doing any act or taking any proceeding . upon such terms if any as the" j1.1stice· of t he case may require , and any enlargement may be ordered, although the' apl}lication therefor is not made until after the expiration of the time' appointed:

or al lowed .

J 7. The Court may at any time, either of its own motion or on th""€' applica' tion ot a ny party. make such orders as may be necessary or reasonab'l'e- in respect.

of any of the matters mentioned in Chapter XXI of these Rules ..

18. Inherent power of the court not affected.-Nothin,g in these Rules shall' be dee med to limit or otherwise affect the inherent powers of tl!re Court to make such order s as may be necessary for the ends of justice or to; prevent abuse of tbe. process of the Court.

19 . Micellaneous.-Except to the extent otherwise provided in these rules, the pro\"ision s of the Civil Procedure Code shall apply to all oroceedings on origil1.ali fi i rie.

dhc Text Box dhc Text Box dhc Text Box [ PART II-SEC. 1] DELHI GAZE.TTE E.XTRAORDINA RY 57

CHAPTER II Exercise of Origin'{LL CiviL J't('?'isdiction

1. Jurisdiction to be exercised by a / Judg;e./Single.-Every suit coming before !the Court in its Ordinary Original Civil Jurisdiction shall be t r ied ,m d h ea r el by a -Single Judge .

.2. Reference to two or more Judges.-(a) In any suit in which i t appears that a substantial question of law as to the interpretation of the Con stitution is involved, the determination of which is necessary for i.he disposal of the sujt, the Judge may make a reference to that effect to the 01ief Justice , wh.o m ay thereupon constitute a Bench of two or mote Judges for the determination of sucn question. The Bel1ch so constitutE;d shall return the suit to the Judge wit h .a copy of its judgment on such question of law and the Judge sha ll on receipt 'thereof proceed to dispose of the suit in conformity with such judgm ent.

(b) Notice of the aforesaid reference shall be given J:o the Attorney Ge nera l of India and to such other persons or authorities as the. Court may el een"} f'it .

(c) The Court hearing the suit may at any stage of the proceedings order that the Union of India shall be added as a defendant.

(d) The Attorney General of India, and where Union of India is added as fI defendant in a suit under sub-clause (c) above, the Union. of Ind ia sh aH not be entitled to or liable for costs unless the Court having regard t o aTl the ci r oCumstances of the case for any reason otherwise orders.

3. Power of the Registrar.-The powers of the Court in relation to the follow .lng matters may be exercised by the Registrar>-

(1) Admission , of plaints; .

(2) Applications to . amend -the plaint, petition or subsequent proceedi ngs where the amendment sought is formal;

(3) applications for commission to examine witnesses under O.XXVI, r ul e 4(1) (a) and (c) of the Code;

(4) attachment of property of absconding witnesses;

{5) inquiries directed by the Court as to the fitness of the perso ns to act as trustees and receivers;

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

;(7) application under 0.1, rule 8(i) for leave to sue Or cleJend on be half of or for the benefit of all having the same interest;

t(8) applications for the admission or appointment of a next l rier\(l 0 1' guardian ad litem of a minor or a person cf unsound mind or n ew next friends or guardians a d Litem;

'(9) applications for orders regarding issue of summons or not ices ane!

regarding service thereof; ~ {lO) applications for fresh summons or notice and for shori: date summ ons and notices;

-C 11) applications for orders for substituted service of summons or no tice :

.(12) applications for transmission of process for service t o an otber Court ;

1(13) application for permission to withdraw any Suit or app lica !lon , 'b y ~onsent or where the other side has not appeared :

(14) applications fo r leave to file furth er or addit ion al w]'ii:ten stat.c::·m ents;

(15) applications for r et urn of do cuments under O.XIII, rule 9 (i) of t h e Code ; and applications for return of exhibits;

\(16) applications for orders for discovery and for orders concerning the admission. production and in spection of documents ;

dhc Text Box dhc Text Box dhc Text Box dhc Text Box dhc Text Box 58 ' DEUE GAZETTE EXTRA.ORDl0:XRY [PART II-SEC. 11' ,(1 7) applications for leave to deliver interrogatories;

(18) applications for orders fOT the transmission of a decree with the pres-- cribed certificates etc. ; ,

(19) applications for the execution of a document or for the endorsement of a negotiabJe instrument under O.XXI.. rule 34 of ihe Code;

(20) app lications. 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 r.on-paymeHt of s1-lb- r sistence money;

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

(23) application s 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 rule 66, and for direction as to the publication thereof under rule 67 of O.XXI of the Court.

(25) applications for possession under O.XXI, rules 95 and 96 of the Code;

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

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

'(28) applications for orders for payment of money real:i:sed, in execution or otherwise deposited in Court including uncontested a~plicatiol1 s.

to share the assess realised under Section 73 of the Code;

(29 ) applications for commissions to examine witnesses under, O.]I{XVI , rule- 1 of the Code.) unless the suit is on one of the lists of causes for the day.

(30) applications for extensign of time under O.XXVII; rule 7 of the Code" or by a pa,rty in default for fUrther time to file written statement or affidavit of documents;

(31) applications for statement of names and disclosUTe of par~ners ' ad· dresses and residence under O.xXX. rules 1 and 2 of the Code;

(32) '(33) '(34) applications for orders requiring a party to a suit or matter to pro-, duce and leave with the Regish~ar any document not in the English language in his possession for the purpose of being cfficially trans~ lated;

applications for orders for the production of records or documents.. or accounts filed in slJch records before any other Court; , applications for the issue of a precept to another Court for the pro duction of a record of such Court or of notice or summons to a Public Officer for the production of public record's or registers;

(35) applications for the taxation a:Qd delivery of bills of costs;

(36 ) applica~ions for production, inspection of a will or a copy thereof;

(37) applications under Order XXII of the .code for bringing on record ' Legal Representatives Of a deceased party;

Provided that no order of subst itution or revivor sl!all be l).1ade by Registrar- '(i) where a question arises as to whether any person is or legal representative of the deceased party, {jr '(ii) where a question of setting aside the abatement of the cause involved-:- In su ch a case the Registrar shall after making an inquiry matter with his report and the :findings before the Chambers.

dhc Text Box IJ s- 1- )r' ~!'AR'l' II-SEC. 1] DELI-U GAZETTE £XTRAORDINA.RY S9

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

,,39) appJications for confirmation of sale and c~rLiflc a te of sale to PLll' chaser of immovable property ;

(-10 ) other interlocutory applications directed by the Judge hearing Uie r.8se to be )placed for disposal l~efore the Registrar ; and such other appli cations as by these rules are directed to be so disposed of hIt not included in this rule ;

(<1 1'\ applicp,tions for particulars ;

(4::2 ', applications for further and better s tatement of particulars Fnder rule 5 of O.VI of the Code ;

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

4. Appeal against the Reg'istrar's orders.- Any person aggrieved b y any onle l' made by the Registrar under Rule 3 may, within fifteen ' clays of the Hwking 01 such order. appeal against it to the Judge in ChamQers. The appeal sh all b e in the form of a petition bearing Court fee stamp of th~ -" alue of Rs. 2 '65 Ps.

5. Aldjour·nmellts .-The Registrar rn ay, and. if so directed by the Judge in Chambers , shall at any time adjourn any matt.er and lay th e same before tb(~ Judge in Cham.bers, and the Judge in Chamber s may at an y t ime ad journ an, matter in. Court.

6. Delegation of the Registrar's Powel's.-The Chief Justice and companiol l Judges :'nay assign or delegate to a Deputy Registrar or to any other offi cer ~i n.\ · function" r equired by these Rules to be exercised by the Registrar .

7. Disposal of matters by .Tudg·e in Ohambers.-The fonowing matters may t e hea rd 2nd c1 eterrnined by a Judge in ChambeJ's:- .

(1" a ppeal from the order of the Registrar Or i1 refer e nce made iJy him or directed to be . made by the Judge in Cham bel's;

(2 ) application for arrei?t before judgment, for attachment before judgm ent and for appointment of a receiver:

{ :3) applications by defendant where he pJ ead:5 a s0t-on' under rul e G of O.VIII of the Code;

(1:) applications by defendant for setting up a counter 'claim and applica tions in relation thereto;

( 5 ) ~i pplications by receivers, guardians and other relanng to the manage ment and disposal of the property ;

~ 13) applications for leave under sub-rule (3) of rule 2 of O.II cf the Code :

0 ) a pplications under rule 4, O.II . to join causes of action in a suit for 'the recovery of immovable property;

(3) a pplications for stay of execution under rule 2G(l) and ( 2 ) of O.xXl of the Code;

1( 9) applications for separate trials of different causes of action :ioinecl in one suit ;

(H)) applications for setting down .Eor judgment in default of wt'itten state ment ;

(11) applications for am.endment of pleadings and for enlargement of time to amend pleadings;

(1 2 ) ap plications to tax bills re turned by the T axin g Officer ;

(1 31 ap plications for review of t ax ation :

14- ) applications for leave to defend under Chapter XV of these Rllles;

15) applications for execution of a decree or order , or for arrest of a j\.ldgment-c1ebtor when such :iudgment-debtor does not appear on th e d ay of hearing fixed under the notice issued or on . such day as t he hearing thereof may b e postpone~l to, or by a~tacb~ment 0 1' _scale~ with power to order issue of notIce under SectIOn 14 and 14 !:J an(.

u nder r ules 2 16 ' 22 34(2) 37 or 66 (2) 01' O.xXL o t t Il e Cocl c , " , dhc Text Box dhc Text Box 60 DELHI GAZETTE EXTRAORDINARY

CHAPTER III Fonn of Pleadings [P ." RT II-SEC. 1J

1. Pl'oceeilings how written.- (a) Every plaint, written statement, application petition and like. presented to the Court:- (i ) shall be ( in English;

(ii) shall be 'fairly and legibly written, 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 tcp and on the left side;

(iji) Cause titLe.-shall be instituted "in the High Court of Delhi" and shall ~tate the jurisdiction (whether Original, Civil, Testamentary or In testate or Matrimonial etc.) in which it is presented:

(iv) PU1·ugTaphs.-shall be divided into paragraphs ' numbered consecutively, each paragraph containing as nearly as may be a separate allega tion.

(b) Ji)ates.-Where Saka Ol~ other dates are used , corresponding dates of Gre gorian Calendar shall also be .given.

(c) Names etc. of pal·ties.-Full name and parentage, description cf each 'party and address and if such is the case the fact that a party sues or is sued in a representative character, shaH also be set out at the beginning of the plaint, petition or application and need not be repeated in the subsequent proceedings i.n 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 num bers 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.

te) Every proceeding shall state immediately after the caUS2 title the provi s ion of law under which it pUrports to be made,

2. Endorsements and verification.-At the foot ot every pleading, 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 i.n the manner provided by t h e Code. .

3. Particulars to be stated in address for service.-The address for service shall be filed with every initial pleading, petition or application on behalf of a p arty and shall as far as possible containing the following:-- Ci) the name of th~ road, street, lane or Municipal or other number of the how:;e;

(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.

4. Initialling alteration etc.-Ev.ery interlineation , erasure or correction in any pleading, petition or application or like document shall be initialled by the party or his recognised agent or advocate presenting it.

5. Tr'anslation of documellts .-(a) No document in a language other than English shall be Llsed for the purpose of any proceedings before the Court, unless it is accompanied by a t ranslation in English , I

(i) agreed to by both the parties; or ( jj ) certified to be t.rue translation by the counsel er:gaged or attending at th e hearing; or (ii i ) prepared by a translator appointed or approved by the court.

(b) Every document. required to be translated ",hall be translated by a t.rans lator a ~)pointed or approved by the court.

----- .. -- dhc Text Box dhc Text Box i[PART Il-SEC. 1] DELI-IT GAZETTE EXTRAORDI;\fA RV 6 r ~.================================~==============~========~

CHAPTER IV Presentation of plaint and otheT d;o'Cum-ents 1· Presentation at the countel'.-All plaints , petitions, applications and docu :ments shaD be presented · by the plaintifI', petitioner, applicant, defendant or res 'pondent in person or by his' duly authorised agent or by an advocate duly appointed by him for the p"Jrpose. 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 cr application shall also be filed for service on the opposite party.

2. Endoi'sement and Scrutiny of (locuments.-(a) The officer in charge of the filing-counter shall endorse the elate .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 tl1 e particulars of all such documents in the regi,,- ter of daily filling and thereafter cause it. to be sent to the ofiker concerned for ·examination. If on scrut.iny, the document is found in 4order. it sl1all l)e duly registered. Where a document is found to be defective , such document shall, after notice to tl1e _ party filing the same, be placed before the Registrar. The I Registrar may for sufficient caqse ret.urn the said document for rectificatJ.o"n 0 1' amendment to the party filing the same, and for this purpOSEl may allow to the party concerned such reasonable time as he may consider nE'cessary.

(b) Where the party fails to take any step for the removal of the defeat within -the time fixed fnr 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 vr,C\el' this r ul e may, within ftfteen days of the making of such order, appeal against it to th e ,Judge in Chambers.

3. -Service on the opposite llarty.-(a) Where notice of an i1iterlocutory appJi" ·cation is issued by the Court, a copy of the application, the affidavit in support thereof (and if so ordered by the Court , of other docurnents 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 t.he ol'iginal .cmd the name of the advocate, if any, of such party.

'1. Reg-istrat.ion of proceedings admitted·-On admission, plaints. petitions and ;applications shall be registered in the appropriate registers and their number .entered thereon.

5. Ex-parte amendments.-Amendments to pleading, which are made only for the purpose of rectifying some clerical errors may be made on an order of t he Registrar without notice.

6. Attestation of amendments.-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, he done t>y the Registrar.

The amendment of any plaint. or o~her proceeding ,carried out under t4e orders of the Court shall unless otherwise directed by the Court also be attested by the ·Registrar.

7. R,egistel's to be maintained.-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) R.egister of deoree received for execution .from other Courts; and

(vii) Register of Execution Applications.

dhc Text Box

6.., ' DELHI GAZETTE EXTRAORDINARY p)Aln' lI- SEc. lj

8. Arra:~l~'emel~t of reco,rd in. pending; matters.:---The record of a regular suit.

sll a ll be cll\lldec1 mto t he followmg four parts:- . (i ) mai.n fi le;

(ii ) miscellaneous application file ;

(iii) process file; and ( i. v) execution file.

9. Contents of main .file,-The main file shall be kept in the followino o .

(i ) dairy;

(ii) order sheet ;

( iii) plaint together with any schedule annexed thereto ;

( iv t written statement;

( v) any other pleadings;

(vi) Il.1ernorandum of Issue;

(vi.i ) (a) ~ral evidence;

(b) evidence taken on commission; and

':v i.i.i ) application for reference to arbitration, the award of arbitrator, peti tion of compromise and report of the Commissioner and objections.

to the Commissioners r eport, if any;

( ix) judgment and decree; and

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

10. Miscellaneous applications' File.--In the miscellaneous a.pplications fil e there shall be kept all petitions, affidavits, and other c!ocument!.'! ]!lot specifically included in any other file.

11. Process file .- The pro~ss file shall conta1n- (i ) the index;

(ii) powers oJ attorney;

(iii) summonses and other processes and affidavits r elating thereto;

(lv) applications for summoning witnesses ;

(v) letters, etc. , calling for r ecords etc;

(vi) a ll other miscellaneous papers.

12. Execution file.-The execution file shall contain

(i) the diary; .

(ii) the executio1i application;

(iii). th e order sheet;

(iv) all processes and other papers connected with such execution proceed ings.

13. Distribution to proper files.-The splitting up of the record and the distri· hution of th e papers into the proper files shall in alJ cases be done at the outset and. shall be continued from time to time as and when they are received, papers jn each file shall be paged separately.

1.4. One file in miscella;neooUs applioations.-·For applications there n .lay be only one A.l e with a title page- prefixed t o it. Immediately after the title page ~,;hal1 be flIed the diary, the rniscellaneous appli.cation~ , the order sheet and then nther documents.

15. IDiaries.-Diaries shall be kept by the Header in such form as ' may be ~'\rescribed , T hey shall be written legibly. T.,he c:'iary in the main tHe shall show H concise history of the suit of matter inc1udin,g the substance of the order passed on all interlocutory applications therein. Thel diary in 'execution proceedings nball cont ain a complete record of all proceedings in execution of a decree.

dhc Text Box \PART iI-SEC. 1] bELtlI GAZETTE EXTRAORDINARY 63

16. Order sheet.-(a) The order sheet shall contain all orders pc'ssed by the I' )urt at any hearing.

{b ) _-ill orders shall be in English and signed by the Judg@.

r·~port 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 \vr.itien on applica tions, returns, reports. and other similar documents.

17. Removal ofl record from Court House.-No member of the establishmen t shall remove any official paper or record whatever, from the Comt house without the specie'l l sanction of the Registrar.

CHAPTER V Vakalatnama

1. ExecntiOJiland filing of Vakalatnama.-1\n Advocat~ on his filing a Vakalal nama duly executed by a party shall be entItled to . acf as well as to pl.ead for the party in the matter and to conduct and prosecute all proceedings that ll1C1 ,r be taken in respect of such matter or any appJication connected with the sanl'e Or any decree or order passed therein includi.ng proceedings in taxation an d application£ for review, execution and · appeal in the High Court and t o tnke all such other steps as he may be specifically authorised by the power of attorney.

2. Cedificate of :f.ees.-Every Advocate shall be.[ore the commencement c·f the final arguments in the suit or matter file a certificate showing the Clmoun( of fee paid with. date of payment or agreed to be paid to him .

3. Endorsement on Vakalatnama.-..--No Vakalatnama. shall be accepted unless i fi contains the following under the signature of the Advocate:-

(1) an endorsement in token of its acceptance with the date of acceptance:

and (Ii ) the address for service of the Advocate.

4. Notice of determination of authority of Advocate.-A party desiring 10· obtain an order for determination of the authority of his Advocate "vho 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.

5. Notice of discharge to a cli-ent.-An Advocate in a suit or matter desiring to obtain an order for his discharge .. shall first give notice of his intended app1i cation for discharge to his client and the fact ot: 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 Registra'l.' and signed by the Adv ocate and:

the party. ..

CHAPTER VI Appearance by Defendant, Written Statement, Set Off and Counte~' Claim

1. In default of appearance by defendant suit to be l)Osted on short cause day. If on the day fixed for his appearance in the writ of 3mumons 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. t· e set down for final disposal on the next. or some subsequent short cause day.

2. P rocedure when defendant appea.l·s .-!f the defen dant appears per sonally or by an advocate before or on the day fixed for hi s appearance in the writ of sum mons:-

(i) Where the sum mons had been isslwd for final disposal, the suit shali be set down for final disposal on the next or subsequent short cause day;

dhc Text Box dhc Text Box 64 DELHI GAZETTE EXTRAORDINARY [I'ART II-SEC. 1]

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

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

4. Procedure where no written statement is filed by any dcfendant.--If thJ defendal~t or all the defendants in a suit shall have failed to file his or their\ written statements within the time allowed under rules 2 and 3 or any time . extended by order, suit shall be set down for final disposal on the next or sub- ;

. sequent shor t cau se day. Should the defend ani or one or more of several defen- i clants then appear and show 'good cause for his or their detault, he or they may ' be allowed to defend on payment to the plaintiff of such costs if any as may be ;

awarded and the suit may be transferred to long causes or may be postponed.

5. Service of cop,ies of written statement and list of documents 011 the other \ sjde.-N? written statement or list. of documents 5.11a11 be filed without the leave !

of the C01Jrt unless a copy thereof has been prevlOusly 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 \ t h e parties or their advocates on each page at the bottom of t he left hand I margin. \

6. Orders as to claims for set-Ooff.-Where a defendant pleads a set-off under \ O. VIII, rule 6 of the Code, the Court on the application of tIle plaintiff made in that behalf may at any stage of the proceedings and after hearing the defendant I m2.ke an order directing that the claim for set-off be tried separately or make \ . such other order as may be just.

7. Counter-claim by defend~n.t.-(a) A defendant in a suit, in addition to hiS !

right of pleading a set-off underO. VIII, rule 6 of the Code may set up by way I of counter claim against the claims of the pJ.aintifl 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 prono1Jnce a final judge ment in the same suit , both on the original and on the counter claim.

8. Counter-claim to be specifically pleadc(l.--Where ' cmy defendant seeks t o ' rely upon any grounds . as supporting the right of counter claim he shall , in . his ;

written statement, statt specifically that he :icC's so h I' way of counter claim.

9. Reply to counter-claim.-When a counter claim is made in a written state- \ ment., pl aintiff may deliver a reply to the counter claim within three weeks or \ within such further time as the Registrar may for sufficient cause allow. \

10. Orders on Counter-cIaim.-Where a defendant sets up a counter claim, the Court on the application of the plaintHr 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.

11. P roceeding with the counter-claim where suit is stayed etc.-Where in any case in which the defendant sets up a counter claim the suit of the plaintiff is ftayed, discontinued or dismissed the cOLl.nter claim may nevertheless be pro ' . ceeded with.

12. O.XX r ule 19 tb apply to decr ee in such suits.-Sub-rules (1) and (2) of :rule 19 (, ·f O.X X of the Code shall apply to the decree in a suit in which CGunter claim is \ nade .

dhc Text Box [P.\RT II-SEC. I] DELHI GAZETTE EXTRAORDINARY 65

CHAPTER VII Di1~ections ,

1. Setting down for dkections.-When the pleadings have been closed , th e suit shall after fift een d ays thereof be set down before the Registrar for directiol!s :

Provided that any party may apply for directions before closing of thE: pleafl ings and the Registrar may grant or refuse such appIication.

2, Issui'ng; of dil'ections.-On the suit corning for directions before the Hegis i rar , he shall so far as practicable, make such orders as r::lay be prope l' witb respect to the following matters:

Admission, discovery, interrogatories and i nspection of document!:; .

3. Appeal f110m Registrar t o A Judg-e.-Rule ·1 of Chapter II shall npply in the even of any party wishing to have any .matter on which directions have he(:'n given by the Registrar, under rules 1 and 2 of thi s Chapter, r eferred Lo the Court.

4. Date for settlement of issued by COlU't.-Alter the pleadings have .been closed and the directions, if any, given, have been duly complied with, a c;ate shall be fixed for settlement of issl.l'es by the Court.

CHAPTER VIII Admissi ons, Den ials, Framing oj' I ssues a'nd Examination of PaTties

1. Proceeding at the .First hearing·.-On the date fixed for defend ant's appear ance, the parties or then' advocate shall produce before the Court all the docu ments in their power or possession upon whi.ch they intend to rely. On the first hearing the Court shall ascertain from each party or his advocate whether h e admits or denies such allegations of fact as are made in the plaint or \vritten ?tatemel?-t (if ~n.y) of the opposite party, and as a~'e not expressly or by necessary ImphcatlOn aClmltted or del1led by the party agamst· "vhom they C.re made. The Court shall record such admissions or' denials. .

2. Judgment at the first hearing.-If on the first hearing, judgment is confessed by the defendant, then the Court shall proceed to judgment. If on that date the defendant appears and the plaintiff does not appear, the Court shall m ake an order that t he su it be dismissed, unless the defendant admits th e claim o r part thereof, in which case the Cour t. shall pass a decree against the defendant upon such admission, and where part only of the claim has been admitted , shall d~smiss the suit so far it relates to the remainder.

3. Examination of parties etc. at the first heal'ing.-If at the first hear ing th (~ defendant does not admit the claim the Court shall examine any party appearing in person or present in Court, or any person abl~ -to answer any 'nateriai ques tions 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 questiol1c:

suggested by either party.

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

5. Disposal of the matter at the first hearing.-(l ) Where the parties ar e 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 r equired upon such of the issues as may be sufficient for t.he decisi on of the suit and that no injustice will result from proceeding w ith the suit J'ort h · with may' proceed to determine such issues, and, if the finding thereon is su ffi cient for the decision, may pronounce judgment accordingly.

(2) Further Proceedings.-Where ~~1e ~nding is nO.t sufficie nt f<?r the d.ecision.

the Court shall adjourn the matter dlrectmg the par ties to fi le a lIst of WItnesses which they P!'opose to. prC?duce in support of their r:espectiv~, cases. The pa.rti~ s shall along WIth th e saId 11st file further ~ocu~nents, If any. 1 hey shall also 1l1?; caLe the particular fact or documents WhICh IS sought to b e proved by .tl~e ev lCt - · enee of a witness. On the date so appointed, the Court shall after .exa mmll1g t ~1 e' said list and the pal'ticulars give further direction as to the hearmg of : h e smt.

dhc Text Box dhc Text Box 66 DELHI GAZETTE EXTRAORDINARY [ PAKT II-SEC. l i.J

CHAPTER IX Int erLOC'!Lto1'Y Applications

1. Form .- Every interlocutory application shall be instituted in the ,:; urt or .matter in w hich it is filed,

2. Contents of ap'plicatiolls,- (i) Except where otherwise provided 1: :. these ,R ules or by any law for the time being in force , an interlocutory applicct:on :- (a ) shall contain only one prayer or one series of alternative pray~ ':'s of the same kind;

OJ') shall not contain any argumentative m~tter;

(ii ) Copies of the application, affidavit and of such other documents a I, aex ecl thereto as the Registrar may direct shall also be filed for being served' 0 11 t he Opposite side. I

3. Coullter-aflidavits etc.-(i) Unless otherwise ordered by the Court, l:ounter afl1davit sball be filed not less than four days before the hearing.

(ii ) Not Dl0l'e than one affidavit in rejoinder may be filed without the leave ' o j' t he C01..l1't. Such affidavit, unless otherwise ol'dered by the Court, shall be filed 110t less tllan two days before the date of hearing. Such affidavit shall b e connn :.:d str ictly to matters of reply, (iii ) No counter- affidavit and no affidavit in rejoinder shall be filed l.mless a ,copy thereof and copies of annexures thereto, if any, have been previously served ,on each party 01' his advocate . Parties or their Aclyocates served ",,,ith s uch copies shall give a receipt therefor. Copies sh8.11 be authenticated by the f.igna 1: ure or initials of the parties or their advocates at the end of the copy.

(iv) Ex cept by leave of the Court, no affidavit in support of an application, no counter-affidavit and no_ affidavit in r ejoinder beyond those vvhich are filed ,an d copies of which will annexures thereto are served in time as CJforesaid shall be used at the hearing, or allowed on taxation.

(v ) Where any affidav it, counter-affidavit or affidavit in rejoinder is n ot filed 'or served as aforesaid it shall be kept separately in the r ecord oj' tl,..~ case until leave of th e Court has been obtained under sub-rule (iv),

CHAPTER X COMMISSIONS 'i ~ Comm:issiO'n to Ex amine Wi,tnesses

1. P a r ties to notify of Commission,-(a) When a party to a suit or matt er 'm te!l ds to !1Pl?ly fOF a c~)l11;mission to examine a witness, he shall notify to the Regll;trar hIS mtentlOn wlthm ten days from the date of the settlement of issues, and thereupon unless otherwise ordered by the Court, the suit or matter; sbal1 not l)e set down for final disposal.

(1,) Commission for viva voce examination.-Applications for issue of com m ission for viva voce examination shall be made by a party within seven days of n :>tifying his intention under rule 1(a) and shall be accompanied by an ~ffidav jt di.sclosing the nature of the evidence sought for from the witness, ( e:. ) No application for the issue of such commission as aforesaid shall be enter t aine,} after the suit or matter has been set down for final disposal unless the court is satisfied that the application could not have been made earlier, and in tha t , ~ase the Court may make such order as to costs as it deems fit.

2. Commissions on Interrogatories.-(a) Application for the issue of commis sion to examine witnesses on interrogatories shall be made by a uarty within the time allowed by the Court, and shall be supported by an affidavit and theaccom p anied by interrogatories. Copies of such application, affidavit and interrogatories Sll all be served on the opposite party, dhc Text Box , DELFH CA/.ETTE EXTRAORDI i'L\ R Y 67

(b) If the opposite party objects to the issue of the commission, he sha 11, -within seven days of the service on him of the aforesaid documents, file 'his obj ec tions. The application with' the objections if any filed therein :o:hall tilereupon be placed before the Court for final orders.

(c) On the application being allowed. the opposite party unless otherw ise ordered by the Court shall within ten days of the date of the order file cross i nterrogatories and serve copies thereof on the other Qarty, who shall, withiil ;seven days thereafter, file re-interrogatories. The matter shall thereafter be "placed before the Court for final orders.

3. Final hearing may be fixed after return of cemmission.- If the application referred to in rules 1 or 2 is granted, the matter may not be set down. for Dnal.

disposal before the return of th9 commission, except by order of the Court.

4. Preparation etc. of cOlmnission.-Commission shall be 'prepared by the Regis -trar who shall seal the same and annex thereto the interrogatories, cross-inteno 'gatories, reinterrogatories and documents, if any, and shall E'l1c1ose it (w i.tll directions that the same be returned to him when executed) in a sealed <-'l1velope. ,

5. Commissions within local limits.-Commissions for examinat ion of a pers\Jl1 "within the local limits of the Court shall be executed by a Comn)issi'Jner appoi nt ed by the Court.

6. Examination de bene esse.-Commissions for examination of w itness de ben e <esse may be iS6ued at any time notwithstanding anything hereinbefore contained in cases where it is not possible for the examination to be conducted bY. the Cm .. nt.

7. Return of Commission.-(a) Every order for the issue of a commission oj' Letter of Request may appoint a date allowing sufficient t im e for its execution .and return.

(b) If the Commissioner is unable to return the commissi"m duly execu ted 'within the time fixed by the Court. the Court may extend the time or cancel i he ,commission and may appoint another commissioner in his place.

8. Deposition to be read over to and sig'ned by the witness.:-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 recorc1ed in English. After taking down the deposition of any witness but before obtaill 'ing his signatUre thereon, it shall be distinctly read over and. when necessa rv.

interpreted to the witnesses and thereafter left with the Commi:>siol1cr who sbal1 :subscribe his name and date of the examination.

Commissions for Accounts etc.

8'. Commissioner for taking accounts etc.-The Court may appoint a suitab le l~erson as Commissioner for taking accounts, making local investigations a nd' €ffecting partition of immovable property.

10. Registrar to send necessary proceedings to CommissioE.cr.-The Regist r ar shall furnish the Commissioner with such part of the proceedings as may be necessary.

11. .Commission for taking accounts how executed.-(a) The 'Commissiclner sh all fix the period within which the statements of accounts and obj ections tbereto are to be til ed by the parties concerned.

(b) The Statement of account shall be in the form of a debtor and creditor -::! ccount 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 sh 8.11 be shown.

(c) The statement of objections shall snecify the items t o which objections are taken by reference to their numbers in the statement of acco.unt.

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

dhc Text Box [PARI , II-SEC, 1] DELHI GAZETTE EXTRAORDINARY 69'

3. Production -of hJublic document.-(a) Every application for summons for production of public documents shall be supported by an p.ffidavit stating-, (i ) the document 01' documents the production of which is required;

Oi) the r elevancy of the document or documents ;

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

(iv) in cases wher e the production of a certified copy w ould serve the pur pose, w hether application was made to the proper officer for a certi fied copy and the result of such application.

(b) The Registrar shall not issue such summons unless he considers the pro duction Of t he original necessary and is' satisfied that the application for a certified copy has been duly made and has not been gr anted . . T he Registrar shall in every case re cord his reasons in w r iting. ' (c ) Nothing in t his rule shall apply to an application under Order 13 rule 10 of the Code for production of t he r ecord of any suit or jroceeding.

4. Retul'u of original public record after its production ill. eviOlence.-When public r ecords are p r oduced and put in evidence in original, the Court, unless it thinks it necessary to reta in the original. shall direct a copy to be made at the expense of the applicant and shall return the original.

5. P ower t o Court to smnmon public records suo mOiu.-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 neces sary 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.

CHAPTERJ XII Adj'otLrnments

1. Adjourmnents to be to a day certain .-All adj ournments shall be to a day certain. No suit or matter shall be adjourned sine 'die except for reasons record ed in writing.

2. Adjoru:nment granted only 011 good cause.-No adjournment shall b e grant ed ex cept on good cause shown. The consent of parties shall not of itself be a good cause for adjournment.

CHAPTER XIII Proceedings at the hearing Of suits and 'lLpto and inclusive oj' D ec",-ees

1. Evidence, now taken.-(a) Upon the h earing of any suit or matter the evid ence of each witness shall be taken down by or in the presence and un der 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 t h e Judge shall b e entitled to be furnished all. paym~nt of the prescribed fee with a t yped copy of the transcript, provided that ordinarily a written application has been m ade at the cotDmence ment of the hearing to be so furnished with a copy.

2. ~ny particular question an4 answer m ay be taken dOWll.--The Court m ay, of i ts own motion or at the request of any party or his advocate, take d own or cause to be taken down any particular. question an d answer, or any objection t o any questiol1.

3. Numberin g' of witllesses and documents.-Depositions of witnesses of both sides and documents admitted in evidence shall be numbered in su ch manner as the Court may direct.

4. Witnesses not to be pl:esent ill Court during hearing of. the suit,- Witnesses other than the parties shall not, unless otherwise ordered by th e Court, be present 'during the hearing of the suit or other matter in Court-room before their deposi ilms have been recorded.

dhc Text Box dhc Text Box 70" DELHI GAZETTE EXTRAORDINARY [ l' ART II -SEC. 1]

5. Exhibits other than illl English to! be translated.-Except by leave of the Co urt, no. document not in Englisn language, shall be read or received in evidence unless it is translated in English in accorda..uce with the Rules.

6. No compromise without leave of Court in pauper suits.-Where a plaintiff has been permitted t o sue in forma pauperis, the suit shall not be compromised without leave of the Court.

7. Written judgment of two· or more Judges how pronounced.-When [illY suit 01 ' matter is heard by two or · more Judges:

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

(ii~ if one or more o.f them has written a separate judgment, one of them may pronounce t he judgment written by the other or others.

8. Payment of costs a condition precedent f Or bringing' a fresh snit.-When a suit is allowed to be w ithdrawn with liberty to bring a fresh suit in respect ef 1he 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,

9. Settling of draft of decree.-Where the Registrar considers it necessary that the draft of any decree or order should be settled in the presence of the parties or where the parties require it to be settled in \ their presence, t he Registrar snall, by notice in writing, appoint a t ime for settling th_e same and the parties shaH attend the appoi.ntment and produce the briefs and~uch other documents as may be necessary to enable the draft 10 he settled.

10. 'INhere any party is dissatisfied with the decree or qrder as settled by the Registrar, t he Registrar shall not proceed to complete the de.cree or order without allowing that party sufficient time to apply by motion to the Court.

11. \Copies of decrees to Collector in case of pauper costs.-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.

12. Errors how rectified after decree sealed.-After a decree or order has be~n sealed, any application to rectify any inaccuracy other than a clerical or arith~ metical 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 t he Judge may after notice to the parties, when he .deems it necessary amend t he same so as to bring it into conformity with the judgment, or rec tify such inaccuracy or error. Save as aforesaid no alteration or variatjon shall be made without a review of judgment and re-hearing under the provisions of section 114 and O.XLVII of the Code.

CHAPTER XIV Su its by 01' against mino1"S and persons of unsol.L7ld mind

1. Admission of nett friend to bring a suit ilormal order unnecessary.-Wben a suit is brought on behalf of a minor, the next friend shall make an affidavit, to be presented w ith the plaint in the suit, that he has no interest directly or in directly adverse fo that of the minor, and that he is otherwise a fit and pl'oper person to act as such nex t 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.

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

(b) If the next f riend fails to file his address for service as aforesaid or vyithin such further time as the Registrar may allow, the plaint shall not be r.dmitted.

3. ~List of all likely guardians ad litem to be liled.-(a) In suit.s wnere the defendant is a minor, the Plaintiff shall file w ith 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 t he minor defendant in the suit.

(b) A n otice shall issue simultaneously to all such persons, single process fee being levied. Such persons shall be deemed t o be uFlwilling to act as guardian ad l'item, if, after service of notice, they fail to appear on the date fixed.

dhc Text Box dhc Text Box s i { e t [PART II-SEC. 1] DELHI GAZETTE EXTRAORDINARY 71

(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 c.efend ants who may be willing to act as guardian ad Litem; or may appoint forthwith one of the officers of the COjlrt as such guardian ad Litem.

4. Address for service of gua rdian ad lit em .-Every . guardian ad Litem of a defendant other than an officer of t he Court, shall, within seven days of the order of hjs appointment as such or w ithin such further time as the Registrar may allow, file 'in Court a memorandum in writing stating his address for . ser vice.

Failure on his part to do so may be deemed sufficient ,ground for removing him under rule II of Order XXXII of t he Code. .

5. Application of rules 1 t o 4: to p ersons of lUi.souml mind aml to alJpe;~J:j and application.-The provisions contained in this Chapter so far as . they .iTIay be applicable extend rn1~tatis mut(~ndis to persons adjudged to be of unsound m ind and to persons w ho, though not so adjudged , a r e found by the cou rt, on enquiry.

to be incapable of protecting their interests w hen suing or being su ed by reason of unsoundness of mind or mental infirmity. These provision s shall <1pply to appeals and applications connected ther ewit h.

CHAPTER X V Summm'Y Suits l. Suits to which the chapter: ap,plies.-The provisions of this Chapter skill apply to all suits upon bills of exchange~ hundis or promissory notes.

2. Notice to defelldellt.-On the filing of the su.it, n otice shall be issuccl to the defendent calling upon him to obtain leave from t h e Court to appear [mel defend the suit within 20 days of the service of the said notice.

3. Gtmsequences of failure to obtain leave- to defendent.-Th e defendent shall 11 ! not appear or defend the suit unless he has obtained leave from t h e Court to e \ appear and defend; in default of his obtaining leave or of his app earance and - defence 'in pursuance thereof, the allegations in the plaint shall be deemed to b e admitted, and the plaintiff shall be entitled to a decree:

n 1- :e y it t, 11 is ' !l1 to ~- ~r d.

)e 19

(a) for the principal sum due on the instrument and for interest calculat.ed iri accordance with the provisions of section '79 or section 80, as t he case may be, of the Negotiable Instr uments Act, 1881. upto the date of the institution of the suit, or for the sum mentioned in the sum mons, whichever is less, and for interest upto tIle date of th e d.ecree at'the same rate or at such other rate as the Court thin1;:s 'fit; ,md

(b) for such subsequent interest, if any, as the Court ln ay 01'der wlder section 34 of this Code; arid

Provided that, if the plaintiff claims more than such fiX'2d sum for C'o!'ts , the costs shall be ascertained in the ordinary way.

4. When leave to defend to be given.-The Court shall upon application b y the defendant give leave to appear and to defend the suit, upon arlidavits w hich dis close such facts as would make it incumbent on the holder to prove con stdera t ion, or such other facts as the Court may deem sufficient to ~: upport th e applica tion.

(b) Leave to defend may be given unconditionally or subject t~ sqch temlS as to payment into Court, giving security, framing and recording issues or other wise as the Court thinks fit.

5. Written statemellt.-When an order h as· been made gLVll1g leave to the in defendant to defend a suit t o. which this Chapter applies, the defendant ~:h all, .d , within fourteen days from the date of such order, file his w ritten statement u nless . . the Court, or ders the affidavit of the defendant to be taken as his 'I.vritten :o t ate he ment or a llows a longer t ime for filing the w ritten statement. The suit m ay b e !ld set down for directions upon a written statement being fi led or upon such nrder be being m ade as aforesaid.

ee ad {

6. On default by defendant suit to be set down forthwith.-Where t h e defend , ant makes default in filing his written statement or in complying witb condi tions which may have b een imposed .on him, within the time limited in the order or ex tended by the Court, the plaintiff shall be at liberty t o have the su it set down for hearing forthwith, as if no such order had been made.

dhc Text Box dhc Text Box 72- DELHI GAZETTE EXTRAORDINARY r P ART II-BEe. 1 ~ ~ ~

7. Ex-pade order may he s~t aside on application.-An . ex-parte order giving leave to defend may be set aside or varied on the plaintiff's application, after notice to the defendant, but the Cou r t shall r efuse to issue the notice and reject the pl~intiff's application if it appears that such applicat ion could n ot be allowed without going into t h e merits of the suit, or if the plaint iff has unduly delayed 1ll8.king such application.

8. Decree may be set aside a Rd h~ave to defend may be given.-After decree the Court may, under special circumstances, set aside the decree, and if neces- .

sary stay or set aside execution, and may gj,ve leave to the ' defendant to appear I ., to the summons and to defen d the su it , if it seems reasonable to the Court so to do. and on such terms as the Court thinks fit.

9. B At! llundi m' note to be deposited in 00111't.-In any proceeding under this Chapter -th e Court m ay order the bill , hundi or note on which t h e suit is founded to be forthwith deposited with an qfficer of the Court, and may further order that all p r oceedings shall be stayed until the plaintiff gives security for the costs thereof.

10. Chapter applies to proceeding's :f01' recovery of expenses incurred ill noting for Don -a cceptance Or non-payment--The holder of every dishonoured bill of exch ange or promissory n ote shaH have the same remedies for the r C!cov ery of the expenses incurred in noting the same for non':'acceptance or non-payment, or othervvisl'= , by r eason of such dishonour, as he ha" under this Chapter for the recovery of the amount of such bill or note.

11 . Suits gove:med by th.e other provisions ill other respects.-Save as provid~ ed by this Ch apter, the procedure in suits hereunder shall be the same as the procedure in su its" instituted in the ordinary manner.

12. O.3'~ C.P.C. to apply t o the extent not iH.COllsistents with the JR.ules.-!I'he pl'ovisions of Order 37 of the Civil P rocedure Code so far as they are not in consistent with the pl'ovisions contained in this Chapter shall apply to suits to wbich t his Chapter applies.

CHAPTER XVI Commercial Suits

1. Commercial cases defined.-Commercial suits include suits ansmg out of the ordinary transactions of m erchants, bankers and traders; and c::mongst ofuers those relating to the construction of mercantile documents, export or import of merchan dise, aifraightment, carriage of goods by land, sea or air insurance, bank ing and mercantile agency and mercantile usages.

2. Plaint in such cases to b~ marked "Commercial" Suits.--Where a plaintiff, on the presentation of the plaint, applies that his suit may be dealt with as a commercial suit, t he 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 w ords "Commercial Suit" in addition t o the usual endorsements.

Explanation.-A. sui,j which has been brought within six months of the cause '0f aciion having arisen has been brought without undu e delay_

CHAPTER XVII Dates and Cause Lists

1. Canse lLists.-(a) On such day in the week as may be fixed by him the Registrar shall sit to fix dates in suits, miscellaneous and int8rlocutory aPl)lica tions and other matters pending on the original side.

(b ) SLlb:i ect to the orders of the Court! matters fixed fo r final disposal on any day of the week shall be entered in the list for that day according to the date of their registra tion provided that procedence be given to:-

(i) part-heard matters; and

(ii) as between the suits of the same year -itJ, .. 'comme:rcial suits.

( c:) The cause-list shall be prepared under the directions of the Registrar and signe e! by him.

(c1) If there be more Judges than one on the Original Side, a separate cause· list of t h e matters befol'e each Judge shall be prepared in the manner aforesaid.

dhc Text Box {PART II-SEC. 1] DE.LHI GAZETTE EXTRAORDINARY 73

2. Day fOol' short causes.- Short causes shall be set down for hearing on SHch date as may be appointed for the purpose.

3. What are short causes.-The following suits or matters shall be deemed to ~ short causes :

(1) Ex parte suits;

(2) undefended suits;

(3) suits to which Chapter XV applies;

(4) mortgage suits, rerit suits, suits on bon ds or aclmowledgments;

(5) objections to commissioner 's report;

(6) such other suits or ll1atters as may, by special order of the Court. be directed to be t ried as short causes.

Any other suit 01' maHer shall be deell;lcc1 ·to be a :tong caUSE!.

4. Fixing of dates f(H' final disllOsal.-Sui!' t; t o which Chapter XV applies r-;1:all no t .be set down for hearing ti~l t l?e e~piration of ten. da?s from t1:c. date of serVIce oJ summons. If an applIcatIOn for leave to defend IS fi1ed 'Nlthm those ten days, notice shall be .given to the plaintiff or his advocate and the suit shall be set dO'wn for hearing of the application instead of £01' ll nal disposal.

CHAPTER XVIII Affidavits

1. Proof of facts by affi(laviis.-The Court m ay at any time, ror suffic ient. I'i~2-' 'Sons, order that any particular fact or facts may be proved hy afficlavi:', or that the affidavit of any witness may be read at the hearing, on such conditions (-)s the Court thinks r easonable:

Provided that where it appears to the Court that either par ty bona fjde desires the production of a witness for cross-examination and that such witness can be 9roduced, an order shall not be made authorising the evidence of such witness to he given by affidavit.

2. Evidence by affidavits.·-Upon any applica tion evidence may b~ given by affidavit ; but t he Court may , a t the insbnce of either p ar ty, order the attendanc~ for cross-examination of the Deponent, and such attendance shall be in COl')' ,.

unless the Deponent is exempted from personal appearance in Court or the Coud otherwise directs. .

3. Title.-Every affidavit shall be in tituled in the cause, appeal or matter in which it is S\>,7orn.

4. Form.-~very affidavit shall be dr awn u p in t he first person, and 5h811 be . divided into paragraphs to be numbered consecutively, and shall state ·the des cription, occupation, if any, and the true place of abode of the Depon ent.

5. Contents of affidavits.--Affidavits sha11 be confined to s l1ch :cacts as the Deponent is able of his own knmvledge to prove, except on interlocuto;ry applica ..

tions, on which statements of his belief may be admitted, prcvided that Ute grounds thereof are stated.

6. Interpretation of affidavits.-An aftldavit reqUIrmg interp1·etation to ~,he deponent, unless interpreted by any of the persons m entioned in Rule 7, shalJ be interpreted by an interpreter nominated or approved by tht;;! Court, if m ade with in the jurisdiction of t his Court, and if made elsewhere. shall be I interpreted by a competent person who shall certify that he has correctly interpreted the ~)ftidavit to the Deponent. .

Before whom affidavits are to be sW®l·ll1.-Affidavits for the purposes of :-my cause appeal or matter before the Court may be sworn before 11 Notarv or Rny authority mentioned in section 139' of the Code or before the Regi.strar of thto Court. or before a Commissioner generally or specially authodser:J. in that b2hnl:i:

by the Court. The authority attesting any such affidavit shall wherever the pt~I' son is k nown to him. append a certificate to that effect on ihe affidavit and where the person affirming the affidavit is not known to the au thori:l:y conceT!wd.

t he certificate shall state the name of the person by whom the person amrming the affidavit has been identified.

dhc Text Box dhc Text Box dhc Text Box 74 ' DELHI GAZETTE EXTRAORDINARY [PART II-SEC. 11 '"Vherever an affidavit is affirmed by an illiterate person or a p erson not con versant with the English language, t he authority concerned shall before attesting the same translate and interpret the contents of the affidavit to the person affi rn1- i.n,£?; tIle same and ce11tify the said fact separately under his signature.

8. J!l' ~1f~dahnashin womeu.-\/,There the Deponent is a Purdahnashin lady, unless she is kllo \ovn to the person attes,ting the affidavit, she shall be identified by a per S Oil tu whom she is known and t h at person sh all also prove the identification by a seFlr~:te affidavit .

~). Mal'king, dating and initialling on exhibiis,-Every e.Khibit ann exed to an a ffldavit shall be marked, initialled and dated by the authority before w hom it is SWU i.'ll, " CHA.PTER XIX Recp-ive?'s ·1 . Appl.i.cation for appointment of Rl'.ceivel' to he by peti.Eon supported by affhla vit,-Every application for the appointment of a receiver shall be made in writing and shall be supported by an affid nvit.

~. R eg·i.s'tel' of Receivers.--On an order for t he appointment of a l'eceiver being clr;:, wn up and signed, an entry shall be made in a registel' t o be kept for the PU1·pose. A copy of the order of appointment shall oe sent to the receiver.

3. Receiver other than official l'c·ceivcr to give securitY,-Where an order is made directing a receiver to be appointed, the person appointed, if pot tb,,! Official Recei.ver, shall, unless otherwise ordered, first give security to the sa tisiaction of t h e Registrar for the due per forman ce of bis duties as receiver.

Unle2~ the Court otherwise orders, the Registrar shall take the personal bond" of tbe l·eceiver with such number of sureties as he may cQlDsic1er necessary. The OlYJOUnL of the bond shall be double the annual rental of the immovable propertY,1 .

oJr th e vctlue of the movable property which is likely to come into · the hands of' tllP r~ceiver, Sud} annual rental or value shall be estimated after notice to the r parties and the r eceiver and in case of disagreement the matter shall be p1aced !Jdou, a Judge in Chambers for orders. ,.

The sureties shall leave with the Registrar an address within the jurisdiction of t ht; Court for service of any notice on them.

4. Sm:crt7{ may point out omission or neglect of duty cast on r eceiver,-I:f' tIle sec urity mentioned in rule 3 be furnished by the receiver by his executin,g a bona '-v i t.h ;'1 surety or sureties (including in the latter term a ,guarantee Company 01' Society), the surety or sureties shall be entitled, by an application to bring to the ~·lOtice of the Court any act, omission or neglect of any duty cast .on the receiver .t.' l by Imv or any other circumstance, which would entitle the surety or sureties tol ..

be discharged from the .. obligation created by sU,ch bond , and the Court may thereupon make such orner and on such terms as 1t may thmk fit. ' ~ . i :). Recei.ver to submit report.-Unless otherwise ordered by the Court, the Receiver shall , 'Nithin one week of the appointment, submit to the Court a detail er [ report regarding the property with an inventory of the propp.I'ty, account booli:s.

d()I;Uf:1Cni.s etc. taken charge of by him.

6. Directions for investment of monies in the hands of the receiver·-Unless otherwisE:" ordered by the Court, the Registrar shall, in consultation with th par ties, give appropr iate· d irections for the investment of all monies received b~ a receiver. Ordinarily such monies shall be deposited in a scheduled Bank Oli invested in Govern ment securities. .

7. Notice to- surety of application effecting' sUl'ety's risk·-Th e surety or sUl'etie!'

mentioned in r ule <1 shall be entitled to notice of. any application to th e Court , on\ the pari: of the receiver or any other partv interested, relating to any property in t b e management or unaer the control of the receiver which may affect the ris~ undert aken by the surety or sureties under the security bond furnished by th l"E'l'(;i\"er and the Cour t upon hearing the said surety or sureties may make sud order as i o hjs or their cost of appearance in such application 8S jf may think fit dhc Text Box dhc Text Box dhc Text Box \I'ART II-SEc. 1] DELHI GAZETTE EXTRAORDINARY 75

8. Powers of a Receivel'.-ln the absence of any order in t hat behalf every r eceiv'er of immovable prciPerty shall have all the power_s specified in Order X l.

rule l ed) of the Code, except . that he shall not without the leave of t he Court- -

(a) grant lease, or

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

where the value of the appeal is over Rs. 1,000 ; or

(d) expend on the repairs of an'y property in any period of two years more than one-fourth of the n et annual rental of the property 'to be re paired, such rental being .calculated at the amount at which the ) property to be r epaired could be let out w ithin fair state of repairs,

9. Receivers' reinunerat ion.-The scale of remuneration of the Receiver shal1.

un less otherwise ordered by the Court in a particular case, be as under:-

(1) on (a) Rents recovered

(b) Outstandings recovered except as provid~ in item (2 ) below and

(i) On FirstRs. 10,000 5 p.c.

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

(iii) Above Rs. 20,(1,00 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 .~ p .c.

(2) On outstandings recovered frC\m a Bank or from a public servant w ith out filing a suit:-

(i) Upto Rs. 1,00,000 1 pc,

(ii) On any fuxther sum exceeding Rs. 1,00,000'

(3) For taking charge ' of moveable property which is not sold on the estimated value

(4) For taking custody of moneys r

(5) For taking custody of Government securities of stocks, shares, debentures, debenture-stock or other securities which are not sold on the estimated value

(6) For any work, not provided for above, such r emuneration as the Court on the applicatici.n of the receiver shall think r ea sonable.

} p.c.

1 p ·c· 1 p .c· 1 p .Co 'Vhenever the properties are in charge of an official receiver the above fees shall be credited to. Go.vernment revenue.

10. Establishment and costs therefor to be detailed in the appointment order . The es1.ablishmen~, clerical or G\therwise, r equired by a receiver, if any, and the ('Ost 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. '-

11. No charge f{j)r additional establishmen t allow ed..-Unless otherwise erdered , no. charge for establishment shall be allowed to the receiver.

12. Receiver to file half-yearly accounts.- Every r eceiver shall , un1 ess d her wise ordered , file his h alf-yearly accounts in Court, the first of such acceunts to.

be filed within one mo.nth after the ex piration of six months from the date of his appointment, and every subsequent account with in one month after the expiration of each succeeding period ef six menths, or in a case where the pU1'pose :['01' \vhich the r eceiver was appointed "has been carried o.u t or completed befere ~he exn1ry of six months from th e date of appointment, within ene mon th f rom the date of such carrying out or completio.n.

Form of Affidavit.-Every such accoun t shall show th e b alance in hand, and if so. what portion tl;1ereof , i s , required for the purposes of the estate. and how much m ay be paid into Court Qr invested , and shall be verified by an affidavit .

dhc Text Box dhc Text Box dhc Text Box dhc Text Box 76 DELHI GAZETTE EXTRAORDINARY [ PART II-SEC. 1]

13. Examining & vouching IOf accounts by Registl'ar,-Every ·such account. be f ore being subroit i.ed to the court. shall be examined and verifiEil by the Registrar', w ho may for this purpose reuire the attendance of the receiver or his explanation or illS eVIdence u pon oath or at'firmation, or the product ion of any document by • him and receive w ithin such time as he may appoint and dcide obections to the account a n d shall embody the result of his examinatlOn in a report.

14. Ap!i.wintment OJ. date tOIl' pas:sii!lg aCcOlm£'s-'-'l'~ ,hwe tilereof.- Aher the Registrar shall have submitted his report t o the Court under rule 13, he shall obtain a date from the Court for passing such accounts, 01 which da le notice shall be giv en to the persclD.s interested includin~ the sureties and t o the recei ver.

15· Objections to report to be filed .-Objections, if any t o the report shall b e filed in CQurt one week before the day fixed for the passing of the accounts or within such further t ime as may be allctwed by the Court.· They shall specify in a concise furm. the nature of the objections and shall be signed and verified.

16. Passing- of accounts by Coul'i.-Where no objections are filed , the Couxt s hall if otherw ise satisfied, pass such accoun ts. Where objections have been filed.

the Court shall sub ject to r ule 18 afLer hearing the objections make such order 1)::; it may think proper.

17. lP'l'oceuuA'e of he::u'mg of objectiol1.s.-The Court may, from time to Lime, ad journ the h earing of any objections or may refer them t o an officer of ~he COUlJ.'t oil: to any other person, with such directions as the Court may deem fit.

13. Am'.itmg Qf difiicult and complicated accounts,- l n any case where t1'ie accounr.s are d ifficult and complicated , the Court may order such accounts to be audited. at t he expense of the estate by a Ch artered Accountant.

18· Order as to payment of balance.-The Court, on t he passing of the Accclunts, may make such order a s to the payment of the balance, or any part thereof, either .in to Court or in such other manner as may seem proper .

. 20. Oonseqlllence of Recleiver's negligence to file accounts or pay the balance etc.-Where any r eceiver neglects to file his a ccounts, or to pass the same or to, pay the balance or any part thereof as ordered t h e matter shall be reported by the Regist raT t o Court, and the Court may, from time to time, when the a ccounts 0-[ such l'ec:eiver are p roduced to be examined and passed, not only disalt ow , the .remuneration therein claimed by such receiver but a:so charge him w'ith interest :o.ot exceeding nine per cent per annum upon the balance, if any, so neglected to be paid by h im during the time such balanCe shall a ppear to r emain in the han<:ls of such r eceiver, :!. I. COllseou ence of defmJIlt by l'eCeiver.- \iVhere any receiver fails to fil e any account or affIdavit or to make any payment or commits any other default the receiver or persons interested or any of them, may be required b'y notice , 0 a ttend 'before the Court t o show cause why such account or affidavit has not been filed .or

81.«.:11 payment macle or any other proper proceeding taken and thereupon the Cour: may giVe such directions as may be proper. including the discharge of the l'eceiver and appointment t f another and a lso the p ayment of costs .by the de fau lter.

22. Rule 8 applicable to manager or guardian.-Subject t o the order of the Court. Rule 8 shall apply to a guardian of Lhe perSOn OIr estate of a minor and the m anager of the estate of a lunatic appointed by the Court.

23 Ilntel'im receivcl'.-Unless otherwise ordered by the Court, the provisions of this Chapter shall apply mutatis mutandis to orders for apPOintment of in terim receivers.

CHAPTER XX Security PTocedure

1. Se~'m'nty §urnmol1S.-Suhi eri' to an" (l i rpd10ns p-ivp.n bv the Court. to t he contT8 ry. w h ere security is ordered to be giv~n to the satisfaction of the Court~ or any (Ither officer the P~Tty ordered to give security shall take out a summons and shal' serve th? same uDon the OPDOSi' e p8.rty wtihin 48 hours of the orner if no t ime hag o<:en fixe d b y the Court for giving security or if time has been fixed for !!ivi II?; security; not less th"O\ll one clear day before the expiry of the time so lixed .

dhc Text Box dhc Text Box dhc Text Box TPART II~EC. 1] DELHi CAZETTE EXTRAORDINARY 77 The summons shall state the name and address of each surety to be tendered ;and the description of the property to be given as security.

2. Production of t itle deeds, affidavit of just ification, examinati;y,n,-Every per son offering himself as sure ty, sllall produce before the Court or officer concerned .his title deeds and vouchers, and may be examined by him on oath or solemn aflirma tiC4D, touching the value of his property, and the debts and liab ilities to which it is subject. After being examined and allowed, he sh all sign the requisite.

bond and shall deposit h is title deeds and vouchers :

P r ovided that in cases where the amount of the bond does not exceed Rs. 5,000, the officer concerned and in other cases the Court m.ay, on good cause shown, dis pense with the deposi ~ of title deeds and vouch er s.

3· lP'Jroperty in r espect of which a sID"ety may justuY·-The title deed may re late to immovable property situate beyond the limits of the j urisdiction of the Court , bu , sh all in all cases be in th e n am e or l,lle ,J rolJosed s urecy . A surety may give security by depositing movable property. such as deposit receipts, or Govern ment PrClmissory Note.

4 . Who are n ot com»etent sureties.- Unless the COUl4 oth er wise oreier, an aei.

voc~te p ractising within the limLs of the jurisdiction of the Court, a clerk cf such advocate or an officer of the Court, shall n ot be accepted as su rety to a bond.

5. Security f or costs.-If a party is r equired t o give security -ror costs, unless the Court ,otherwise orders, the penal Sum in the bond shall not be less than one thousand r upees.

6· Custod y of securities and security bonds .-All papers and records rela~ing to the taking of security, including seclirities and security b onds, shall b e kept by the Registrar in safe custody in his safe ill the stron g room after making an arlPropriate entry in a regist er to be m aint ained by h im for th e pUl'pose.

CHAPT ER X XI P1'ocess etc.

1. Service of Notioe.-(a) Except where otherwise p rovided by these Rules, 01' ordered by the Court, all summons, notices orders or other documents r equired to be given to or served on a party or person, w ho resides within the juri.sdicti.on of this Court, shall be served on such party or person e ither personally or on his advocate.

( h) S"!rvice of any notice, or der or other document upon a p erson, 'W ho ref.i(l.e~~ outside the jurisdiction of this Court , but within t he territory of Indin, may ordi narily be effec t ed b y postin g a CODY of the documen t required to be served in a pre p aid envplope registered for arknowledgment addressed to the pnl'tv or hi s f\l:;eni empowered t o accept servi : e, at the place w h ere the party or h is agent r0sid,"~: 1)1' carries on business or perspnally works for gain.

(c ) Notwithstanding an yth ing hereinabove contained in r ule' I (b) the Registrar may direr.: t in a particula r ca"e or class of cases, that the service shall b e eitectE:d in the manner provided by t he Code fo r service of sum..rnons.

(d) U nless the con trary is proved, a document served by post shall 'be deemed to be served at the tim e at which it would be delivered in the ordinar y COl1l'se of post.

2. 'J'il"l1'[>. for payment of m 'ocess fee and cons~~uel!ce of !l.o!R-paymenL--·Pl·OC0SS !fees for the issue elf summons, notice or o ther process and costs of advertisemeni s sh all be furnished to the Registrar :

(a) In case where th e ret1J rn able dat e fixed is less t.han four weeks, vvithjn three days of the order ; and

(b) In other cases w ithin seven days fr 'J'TI the order directing such Sl.mY.nons:

or ( C) Within such further time as may b e a llowed fo r th e purpose by the . Registrar.

dhc Text Box dhc Text Box 7& DEL HI GAZETTE EXTRAORDINARY [P ART II-SEC. 1 J ====== ===== .. ==========.

If the p laintiff or applicant fails to take an!y step or where the plaintiff or appli cant commits default in furnishing the p r ocess fee or in making such payment or i t appears to the Registrar th at he ~s not prosecuting the m a tter with due diligence, the Registrar shall call upon h im t o explain his defa l,lrlt qnd if nOt explanation is offered, or if the ex planation offered appears to Registrar to b e insufficient, the Registrar may issue a summons. calling upon tl~e plaintiff or 'the applicant to ~how case before th e Court w h y t he plaint or the application should not be dismissed.

3. Power to dismiss for nOll-pl'osecution.-Upon such summons being issued, the Court may , after hearing the plaintiff, dismiss the suit for non-prosecuticm or give such other dir ection thereon as justice of the case may require.

4. !Fun address to be g'ivcn of p erSOns OR whom process t o be served.-PerSOY1S on whom processes are to be served or e :x:e t;:uted, shall be described therein fully, by a sta~ment of the name, f ather's n ame and other particulars as will facilitate identification and service. In the case of service and execution of process in towns the name of t he str eet, lane or section and the number of the house (if any) shall also be given .

5. Summons for final disposal a u{l settlement of issues·-Summons shall issue foJ' final disposal in short causes and for settlement of issues in long' causes.

6. Retur n able date of summons.-Unless otherwise ordered every writ oE sum mons shall be m ade returnable as follows:- (l ) 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 th e transmission, service and return of the summons.

7. Expeditious issue of p l'ocesses.-Process for service or execution shan be m ade ready and issued expeditiously .

8. Process to be served after identificatien of party.-The ~:erving officer shall serve an processes entrll~ed to him after due enquiry as to the identity of the per sons on whom or the !lollse or property where, the same is to be served:

Provided that if it appears to the Registrar that sufficient infon:pation' cannot be given as t o the identity and place of residence aIf the person whom process is to be served or as to the house or property where process is to be serv:ed or if the Registrar is satisfied from the affidavit of the serving officer or upon hi~ examina tion 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 enq uiry, he may ask the party concerned to supply an identifier.

9. Endorsement of identifier on the original process.- If the serving officE>1' is not personally acquainted with the persorn to be served, he shall, whenever possible obtain on the original process the endorsement by signature or thumb-impression of a respectable person & the locality identifying: such person or place <Yf residence or t he h ouse or property on which the process is . served. .

10. Pro>cedure where defendant refuses to accept service or cannot be fonnVl. iNhere the' person to be ser ved, or his agent, refuses to sign the acknOWledgment or w here the serving Officer, after using all due and reasonable diligence, cannot fin.d thai person and there is no agent empowered to accept service of the sum mons 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 ordinary resides or carries on business or personally works for gain, and shall then return the original to th\3 Court from which it was issued, with a report en dorsed thereon or annexed thereto stating that he has so affixed the copy, the cir cu mstances under w hich he did so, an d the name and address of the person (it any by whom the house was identified, and in whose presence the copy was afli:x: ed. He shall also obt ain the signattue of the person on the return, who identified th e P8),8011 or in whose presence th e copy w as affixed on the said house .

J 1. R etUrns of sel'vice .~ ( a ) E very process serving officer shall immediately after completion of an y duty connected w ith any process, '-:record with his . own h and upon the original pl'ocess at th e place of execution and in the presence of at least one respectable witness his report specifying the manner of ' execution dhc Text Box dhc Text Box lP ART II-SEC. I] DELHI GAZETTE EXTRAORDINARY 79· 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 ~\Uthorjsect 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 each individual process.

(c ) If the process is addressed to more than one person, the report shall des cribe the manner of service on each person and also the sequence in which the processes 21'e . served on different persons.

12. Service by affixing' to oute"!.' dool',-The serving officer shall make an 8ffi davit as to. the following matters:- (1} the number of times and the dates and hours at which he went to th c house;

(2) (3 ) Uw attempts made by him to find the person to be served;

~ 'Whether he had any and what, reason to suppose that such person was within the house or in its neighbourhood, or endeavouring to eV8de service; and

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

13. l"Jotke whel'e summons is affixed to outer dool'.-If a summons to defend ani is affixed to the outer door of his house in the maner provided in rule 12, the ser ving officer shall affix thereto a notice that the person, so served, can ulJon all 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.

14 . Irilluiry as to sufficiency of service·.-The Registrar shall in all cases where the process has been returned and in which an appearance has not l.)een entered on the day appointed therefor hold an inquiry as to the sufficiency of service o f process.

Such inquiry may be adj(mrned, if necessary, from time to time. Affidavits and further affidavits may be received or evidence taken 1,iva 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 d1,lly served, wherever a defen dant h as been so served, but does not appear on the date appo~nted and the Registrar, after holding an inquiry a afQl,resaid, is satisfied that the deoiendant or the oppo site side has been duly served, he shall report the matter .to the Court and the Court shall pass such orders as it deems fit.

15. Fresh Process not to issue until previous one ordered, a second or subsequent process shall the one previously issued has been r:eturnecl.

returne(l.-Unless otherwjse not be issued until after

16. Registrar to execute or to cause to be executed IH.'ocess.- ·-The Registrar and, subject to his directions, any other officer of the Court shall execate or cause to be executed through the officers of the Court all processes including all war r ants or orders for the delivery, attachment or 8ale of property in execution , or for the anest or custody of any person, which may be entrusted to the Registrar for execution. They shall return all warrants and orders withi.n the time pres cribed. with an endorsement specifying the man ner of executio n or the cause~ which prevented execution. Such warrants and orders shall be filed hl t110 recor d.

A process serv ice register shall be kept in the prescribed form.

17. Noting' of date on pl'ocesses.-The Registrar shall note on eVery pr ocess tIle date en which it was deJivered to t h e p rocess server.

13. Service on the advocates of parlie~.-Service of any process, notice, order or other document on the advocate of any party may be effected by c1e1iveri.ng i~ to the <1dv0cate or by leaving it with a clerk in his employ at hi s pl ace of hl1~'in ess.

dhc Text Box dhc Text Box dhc Text Box 80 DELHI GAZETTE EXTR:AORDINARY [PART II-BEe. 1]

19. E x cept where the process, notice, arder or 'other document has been served through the Hegist r y, the party required to. effect service shall file em affidavit of ~ervice alang with such proaf thereaf as may be available stating the manner in whIch the service has been effected.

2tl Where process, notice, order or other document has been ~:erved ~hrough ,{l1other Court, the service may be proved by the deposition or affidavit oi the ""I' ving; officer made befare t h e Court thraugh which the service was effected.

CHAPTER XXI!

Ca'urt Depasits and Payments 1 . P~tyment of money.-(a) The Registrar and subject to his direction s any other Gfiker of the Court shall receive all manies paid into the Caurt and shall

1.:'''.1' clu i all monies duly ordered to. be paid aut of Court.

• ( IJ ) Maney may b e paid or deposited in Court by pos tal lYJOl1ey order. In that Lase, the person mak ing the payment shall send to. the Hegistrar a statement CO.l1. lclini1.'g full particulars regarding the intended payme:o.t or deposit.

2. j .... T(~tice 01 Imymeni 01" deposit to j!ulg-:m.ent creditor or Coneetor.-- (a) A.

:)e.C:ion puy Il1g money into or depositing property in t h e Caurt in part of :Eull saLisfa:::ti,)l; ( J t a decree or order shall give n otice through t be Court of such pay i'i1 (:t>L cr deposit to the judgment-creditor.

(b ) Where the decree directs payment of court-fees to Government under 0.33 l' uLe ! ( .. of: the Code, no order shall be made on the applicati.on for payment of ~uch '-,lOi)f.:Y or delivery of such property without giving notice thereof to the Collector ··tt 'i he (~xpe nse of the applicant.

3. Delivery of securities jewellery or o~.Ju~:!l· valuables into COul't.--When jewel tei'JT 0)' oeber valuables are brought into Court, three cop.ies of a descriptive Jjst.

lherer)f ~h Clll be presented and shall be checked and sIgned by the Hegistrar in t.he 1)l'eSI~j1C(~ of the depositor. The jewellery or other valuables shall be pJaced in a box furnished with a Jock and key to be pravided by the Depasitor. A copy of the list Sl:H111 be kept in the box and the box shall then be locked and sealed w ith tiw ~:eal of. the Court. O'ne copy of the list shall be given to the depositor mid the th ird capy of t he said list and the key of the box sb.all be retained by the Po egis1 r;:, l'_ The bax shall thereafter be kept in safe custody by t h e Registrar Or in such 0 !.her custody as the Court may direct.

·t AIJl}lication fOl· payment of money etc.-Every appIication for payment Of !nO!lCY or delivery of property dep osited in Court, shall be insti'tuted in the suit .

. )' mal ((:'f'''md shall also show the number of the execution aPP\lc:ation, if any l)cnding, sho'wing t he right and interest of the par ty applying and the c:n;ount .· Jnllne~l.

F.,. Ap[lJ.icatlions to be checked.-A.pplications to. make or recdve payments shall i:.c (b. l~. ' e; l1::cked by reference t o t h e record of the suit or matter before ~ubmis s!on for m:ders to the Registrar.

Ii. P·aym.e:i3lt Toy mOHI(;Y ol'{1\er, bank Il:l:rafft, etc.-On the application of the decree .holder or of h er person entit~ed to any money deposited ill Court and not expend :~d f Ol' the purpose for whicl\ it was depasited, if there is no 9hjection to the pay :nent of money on the ground of attachment or otherwise, the Registrar may ~Hle.t" fb<YL :be ' amaunt, after maldnv all necessary and lawful dedtl ctians, be seilt ll) th~ applicant at his risk-

(i) by money order. or ( i i ) t y bank draft by regjstered post acknowledgment due ; or

(iii) in any other manner specified by the applicant, which the Registrar approves :

L'1:'D,\/ided that before payment is ordered to be made under clause (ii) or (iii) the applicant shall sl1bm.it a d uly stamped receipt for the amount due in the form given b elov,r:

Farm af Receipt Hecdv'2 c1 the sum of Rs. ... .. . ... .. . (Rupees ...... , .. . . .. ... .... . . un!y) lrenl th' high Court of Delhi bearing the amount deposited in the said COl.lrt in cOllnecti'~n with.

Dated (Stamp) (Signatur'~ of the Payee) dhc Text Box dhc Text Box dhc Text Box dhc Text Box [PAR"r II ~EC. 1] DELHI GAZETTE EXTRAORDINARY 8j

7. Written authority of client requisite fOr payment for A.dvocate.- Unless otherwise ordered by the Court, on payment in excess of Rs. 1,000 shall be made to an ~dVnl!3te on behalf of his client without special authorisation in that behalf by the client in favour of the advocate.

\ Account books to be kept.-The following Slccount b.ooks ~hall be kept:-·- r A. l·iodr of receipts for money paid into Court.

B. Process-fee receipt book.

C. Register of deposit receipts, viz. register of sums i'C:!ceived in Court in connection with suits or judicial proceedings and d.eposited wrth Gov ernment (to be kept in duplicate).

D. Hegister of deposit. payments, viz. register of paymenls fr:)m sums re-· ceived 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 c.eposits.

J!',' Hegjster of attached property. ~ G. Register of money received on account of subsistence money of civil prisoners, expenses of witnesses and miscellaneous r etty items lE-Guir cd for immediate disbt!rsement.

H. Register of payments on account of subsistence money of civil oriso]1<:>]'s, expenses of witnesses and miscellaneous pett:v HeIns requil'C:~d

Delhi High Court Act Rules, 1966

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