The following po~ers shall ordinarily be exercised by the Registrar(Judi~ial)/Additional Registrar (Judicial):- , · (I) (i) . To determine sufficiency of service of notice or other process;
(ii}. To dispose of applications for correction of Presentations as regards the description t)f parties as majors or minors;
(iii) To dispose of applications to appoint or discharge a next friend or guardia11 ad - I item of a minor or a person of unsound mind, to_ aniend the record accordingly and to direct th0 dcpos:it and furnish accounts of funds for the conduct of the proceedings:
(iv) To call for a further deposit under Order XLV Rule IO of Code of Civil Procedure, when the depositalready made by the appellant in an appeal to the Supreme Cburt is not sufficient to defray the cost of preparing the record;
(v) To order payment of the interest accruing to Government Promissory Notes deposited un 'de~ Order XLV Rule 7 of Code of Civil Procedure, and to order the refund of any unex pected balance under Order XLV Rule 12 of Code of Civil Procedure or for any other enactment for the time being in force;
. (vi) TO determine in which newspape; the publication referred to in Order XLV Rule 9A of Code of Civil Procedure shall be made; · ·
(vii) To.make .reference to the C9urt for rene\;_Val of bank guarantees, FD Rs and other deposits/ securities made under the orders of the Court, a month before the date of its/their expiration;
(viii)''. ·,'.~··require' Pre~eilt°ations to be amended in accordance with the procedure of the Court {. ' , \ I t ....
' \ ~ 756 (3)
(ix) · To require any person and party to file an affidavit with respect to any application or matter in respect of which the Registrar has power to exercise any discretion or to make any order;
(x) To stop at his discretion issue of certified copy to any person who has failed to pay the process fee, or charges, or has-failed to take any other steps, which the Court has ordered while granting interim relief or stay or any other order of similar nature, which substantially affects the rights of the opposite parties; ·
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii).
(xxiii)
(xxiv) . To call for records and documents from Subordinate Courts and any other authority;· To dispose of requisitions by Subordinate Courts for records and documents;
To dispose of applications for copies of pending records or parts thereof;
To dispose of application and grant feave to search/ inspect the record of the Court under the Rules in that behalf; ~ To dispose ofapplication for delivery of intei:rogatories;
To dispose of application for substituted service, or for dispensing with service of notice of the appeal on any of the respondents;
· • To dispose of application for-leave to take documents out of the custody of the Court;
To decide questions arising in connection with the payment of Court fee;
To dispose of applications by third parties for return of documents;
To dispose of applications for grant of copies ofrecords to third parties;
To dispose of applications for the issue of a certificate regarding any excess Court fee paid under a mistake; , · To dispose of applications· for ~pproval of a translato.r or interpreter;
To dispose of applications for production of documents outside Court premises;
. . V To dispose of applications for exemption from filing of certified copies and judgments, decrees, certificates or orders granting e:ertificates;
(xxv) To reconstitute the record in case the record is not traceable;
(xxvi) To pass orders in all matters in writ, civil and criminal cases pertaining to default as process fee, publication charges, paper book costs, miss"ing of address in respect of service of notice, submission of service report on affidavit in case of Dasti service, non-compliance of Registrar's orders in respect of Office matters;
(xxvii) To pass orders in default of identi~l copies, security amount and non-compliance of Court's orders; •
(xxviii) To pass orders on non-appearance of accused persons on bail;
(xxix) To dispose of the application for con donation of delay up to seven days in filing of process fee:
Provided that the Registrar may refer any matter under this rule to the Court for orders.
. ' 756 (4)
(2) The Registrar (Judicial) may refuse to receive a Pres~ntation or any ot,her pleadings on the ground that it djscloses no reasonable cause or is frivolous or contains scandalous matters: but the petitioner may appeal, by way of motion, from such refusal to the Court.
(3) TAXING OFFICER (nominated by the Chief Justice under Section 5 of the Court Fees Act, 1870): -
(4)
(i) Whenever the Taxing Officer finds that ~ny document filed in this Cburt is insufficiently
(ii) ~ stamped, he shall record his opinion, with reasons therefor. The report shall be shown to the · Counsel concerned who will note thereon whether he accepts, or disputes the accuracy thereof.
,, If he raises a dispute, the Taxing Officer shall decide the dispute and the pa~ty ·aggrieved with the de_cision may request him to place the matter before the Court. · Whenever the Taxing Officer finds that a document which ought to·bear a stamp under. the· Court Fees Act has, by mistake or inadvertence, been received in a lower Court withou\ being properly stamped, he shall prepare a reasoned report to that effect and in case the correctness of the report is disputed, the same shall be laid before the appropriate Bench t~r o~en. · ' ·
(iii) Whenever the Court fees payable on any document in respect of which · the question of limitation arises is found deficit, the Taxing Officer shall pass an order either certifying the under stamping to be bonafide or may pl;i~e the matter before the Bench. If the deficit fees · are paid betore the limitation expires, the document will be treated as properly stamped. If the deficit Court-fees are not paid before the expiry of limitation the case will be placed before the Court. The hearing will not be less than 20 days after the date ot'Taxing Officer's
(iv) · order. If within that time th_e party files an application under Section 149 of the Code of Civil Procedure, the Co.urt shall, in case when the Taxing Officer certifies the under stamp ing to be bonafide, ordinarily extend the time. · Whenever a case is placed before the Court in accordance with the above clause, a statement in the following form shall be endorsed on the order sheet.
(a) Court fees paid Rs.-'-. ____ _
(b) , Court fees payable Rs._~-~- ( c) Difference of Court fees of Rs. __ ~_
(d)
(e)
(f) Time expired _____ _ The Taxing Officer:
(i) certifies the deficiency as bonafide _· __
(ii) certifies the deficiency as not bonafide _ _ · (iii) was unable to arrive at a: definite conclusion -'--- Application under Section 149 of Code of Civil Procedure filed days rrom Taxing Officer's certificate.
within -----+-·-- The Registrar (Judicial) may pennit correction of cle,rical errors in the Presentations produced in any civil proceedings or in any other proceedings in the Court. Such correction shall be made in the case of,affidavits by the declarant by filing a fresh affidavit and in other cases by the person making the Presentation or his Advocate.'\"
(5) Every correction in any Presentation shall be initialed by the party making the correction and by a Judge or the Registrar (Judicial).