CIVIL

Chamber Business under Original side rules of Calcutta High Court[ Ch-6][CHCOSR]

KHC

Chamber Business

  1. Judge’s sittings in Chambers.– One Judge will sit in Chamber every weekday, unless Notice to the contrary be previously given, and all applications in Chambers shall ordinarily be made to that Judge only. Where a suit appears in the Warning List of any particular Court, applications in Chambers in such suit shall be made to the Judge presiding over such Court.2. Reference from Chambers to Court andvice versa. – The Court may, at any time, direct any matter to be referred to, or disposed of by, a Judge or officer in Chambers, and a Judge sitting in Chambers may at any time, if he thinks fit, direct any application made to him in Chambers to be made in Court by counsel, or transfer any matter to the Court at any stage thereof.3. Mode of proceeding in Chambers. – – The mode of proceeding in Chambers on any application, which may be made ex parte, shall, except where otherwise ordered or prescribed, be by petition, and where Notice is required to be given, shall, unless otherwise ordered or prescribed, be by summons (Form No. 1). Such summons shall be prepared by the party obtaining it or by his Advocate acting on the Original Side, and be signed by the Registrar or Master. Where affidavits are intended to be used, Notice thereof shall be endorsed on the summons.3A. Numbering. – Where the summons seeks an order in the alternative or on more than one point, the summons shall be drawn up, with the different points consecutively numbered.4. Service of affidavits with summons. – With the summons shall be supplied a copy of every affidavit mentioned in the Notice endorsed thereon except of affidavits so mentioned used in the Former proceedings in this Court in the same suit or matter.5. Service and return of summons. – Unless otherwise ordered, such summons, Not being an originating summons, shall be served two clear days before the return thereof. A summons may be made returnable in a shorter time, by leave of the Registrar or Master, which shall be endorsed on it. In case of summons for time only, the summons may be served on the day previous to the return thereof.5A. Arrangement of documents. – In attaching the summons to the affidavit of service, the documents shall be so arranged that the summons comes first.6. Consequence of Non-attendance. – Where any of the parties to a summons fails to attend, whether upon the return of the summons or at any time appointed for the consideration or further consideration of the matter, the Judge may proceed ex parte, where, considering the nature of the case, he thinks it expedient so to do and may require such evidence of service as he may think fit.7. Reconsideration of ex parte proceedings. – Where the Judge has proceeded ex parte, such proceeding shall Not in any manner be reconsidered in the Judge’s Chambers, unless the Judge shall be satisfied that the party failing to attend was Not guilty of wilful delay or negligence; and in such case, the costs occasioned by his Non-attendance shall be in the discretion of the Judge, who may fix the same at the time, and direct them to be paid by the party or his Advocates acting on the Original Side before he shall be permitted to have such proceeding reconsidered, or make such other order as to such costs as he may think just.8. Costs where ex parte proceedings is Not thought expedient. – Where a proceeding in Chambers fails by reason of the Non-attendance of any party, and the Judge does Not think it expedient to proceed ex parte, the Judge may order such an amount of costs (if any) as he shall think reasonable to be paid to the party attending by the absent party or by his Advocate acting on the Original Side personally.9. Attendance on adjournment. – Where a matter in respect of which a summons has been issued is Not disposed of upon the return of the summons, the parties shall attend from time to time without further summons, at such time or times as may be appointed for the consideration or further consideration of the matter.10. Inclusion of several matters in one application. Adjournment into Court or vice versa. – – In every suit or matter, where any party thereto makes any application in Chambers, either by way of summons or otherwise, he shall be at liberty to include in one and the same application, all matters upon which he then desires the order or directions of the Court or Judge; and upon the hearing of such applications it shall be lawful for the Court or Judge to make any order and give any directions relative to or consequential on the matter of such application as may be just; any such application may, where the Judge thinks fit, be adjourned from Chambers into Court or from Court into Chambers.11. Business to be disposed of in Chambers by a Judge. – The business to be disposed of in Chambers by a Judge shall consist of the following matters in addition to the matters which under any other rule or by Statute may be disposed of in Chambers:1. Applications for payment or transfer to any person of any cash or securities standing to the credit of any suit or matter where there has been a decree or order declaring the rights, or where the title depends only on proof of the identity or the birth, marriage or death of any person.2. Applications for payment to any person of the dividend or interest on any securities standing to the credit of any suit or matter whether to a separate account or otherwise.3. Applications by receivers, guardians and others, relating to the management and disposal of property.4. Applications as to the guardianship and maintenance or advancement of infants.5. Applications for orders of reference to arbitration in a pending suit unless the suit is in one of the Peremptory Lists for the day.6. Applications under section 39 of the Presidency Small Cause Court Act for an order removing a cause into the High Court.7. Applications in all matters arising under the Indian Trustees Act.8. Taking the ackNowledgments of married women (Where Not taken by a Commissioner).9. Applications for the taxation or delivery of bills of costs, and for the delivery by any Advocate of deeds, documents, and papers.10. The admission and rejection of plaints.11. Applications for leave under clause 12 of the Letters Patent.12. Applications for time to plead, for leave to amend, for discovery and production of documents, and generally all applications relating to the conduct of any suit or matter.13. All proceedings in execution, or otherwise under a decree or order.14. All proceedings on the returns of writs or Notices issued before or after judgment requiring cause to be shown in Chambers.15. Applications for the attachment of the property of an absconding witness.16. Applications for orders for the production of prisoners and others under the Prisoner’s Act, 1900.17. Applications to confirm or for further consideration on a report where the order of reference was made by a Judge in Chambers.18. Such other matters as are Not expressly required to be disposed of in Court, and which the Judge thinks fit to be heard in Chambers, and such other applications as are directed to be made in Chambers.11A. Unless otherwise ordered, orders granting or refusing leave under clause 12 of the Letters Patent need Not be drawn up.12. Business which may be transacted by Registrar or Master. – The Registrar or Master may transact all such business and exercise all such authority and jurisdiction as under these rules may be transacted or exercised by a Judge in Chambers, except where otherwise prescribed, or in respect of the following proceedings and matters, that is to say:-

Exceptions

(a) All contested applications except with the consent of the parties concerned or their Advocates acting on the Original Side;

(b) All applications under rule 11, clauses 1 to 8, 11 and 15 to 17;

(c) The making of an order for the issue of a warrant of committal; and also

(d) Applications, matters and proceedings under Chapter XII, rr. 1 and 6.

  1. Reference by Registrar or Master to a Judge.– Where any matter appears to the Registrar or Master proper for the decision of a Judge, the Registrar or Master may refer the same to a Judge and the Judge may either dispose of the matter or refer the same back to the Registrar or Master with such directions as he may think fit.14. Date of such reference to be endorsed.– All applications referred, by the Registrar or Master to a Judge, shall be made to the Judge on a day to be endorsed by the Registrar or Master on the summons or petition.15. Appeal from Registrar or Master to a Judge. – Any person affected by any order or decision of the Registrar or Master may appeal therefrom to a Judge. Such appeal shall be by way of endorsement on the summons by the Registrar or Master at the request of any party, or by Notice (No. 1A) in writing to attend before the Judge without a fresh summons within five days after the decision complained of, or such further time as may be allowed by a Judge or the Registrar or Master. Unless otherwise ordered, there shall be at least one clear day between service of the Notice of appeal and the day of hearing.16 to 17. Deleted.-Published in the Calcutta Gazette, dated June 22, 1977, Part I.18. Signing of Judges’ fiat. – In any case in which the signature of the Judge, who has made an order in Chambers, cannot be obtained to the fiat by reason of his absence or other cause, such order may be signed on his behalf by any other Judge; and similarly the fiat on an order, made by the Registrar or Master, may be signed by the other of them.19. Costs of abandoned summons, without Notice of affidavit. – Where a party abandons a summons, which has been served without Notice of his intention to use any affidavit he shall pay to the other party or to each of the other parties entitled to separate costs, the sum of Rs. 15 for costs, to be certified by the Taxing Officer on production to him, without any Formal order thereon, of the copy of the summons left at the time of service.20. Costs of such summons with Notice of affidavit. – Where a party adandons a summons, which has been served with Notice of his intention to use any affidavit, he shall pay to the other party or to each of the other parties entitled to separate costs, such costs as may be allowed by the Taxing Officer, who is required to tax such costs on the production to him of the copy of the summons left at the time of service, without any Formal order being drawn thereon directing such taxation.21. Enforcement of costs of such summons. – Where it is necessary to enforce the payment of the costs of abandoned, summons payable under either of the last two preceding rules, an order for that purpose may be obtained, without Notice, upon a petition supported by the allocature of the Taxing Officer. The order shall be drawn up with a direction for the payment of the costs of obtaining it, and of execution.22. Enforcement of direction by Registrar or Master as to costs. – Where it is necessary to enforce payment of costs under a direction of the Registrar or Master, an order for that purpose shall be obtained from a Judge. Applications for such orders may be made, without Notice, by petition supported by a certificate of the officer whose direction is sought to be enforced.23. Cost of Chamber applications and proceedings. – Unless otherwise prescribed or ordered, the costs of all applications and proceedings in Chambers shall be costs in the suit or matter.24. Forms. – The Forms to which reference is made in this Chapter are in Appendix B.