Civil Court Rules of the High Court of Judicature at Patna

Civil Court Rule for District Courts under Patna High Court

Preliminary

Nothing in the Civil Court Rules will interfere with the general powers of supervision of the District Judge over the courts and officers subordinate to him. [G. L. 5/62]

1- All Courts shall ordinarily sit at 10.30 A.M. and rise at 4.30 P.M., standard time. It is expected that the Judges will so arrange the business of their Courts as to supply work for these hours. [G.L. 7/44, G.L. 1/46, G.L. 2/50.]

Note 1. – Between 1st April and 30th June, the exact date being settled in consultation with the Heads of Offices in the station, the Courts may commence their sittings at 6 A.M., or as soon thereafter as convenient. When this arrangement is in force the Court expect that Judicial Officers will sit for at least five hours each day. However, if the local weather conditions so necessitate or for any other sufficient reason or cause the subordinate courts may sit in the morning at any time of the year with the prior approval of the High Court.

Note 2. – Judges are at liberty to rise for half an hour or less at about 1.30 P.M. (or at about 8.30 A.M. in the case of morning sittings).

2-Every Civil Court shall maintain a Diary in the prescribed form. Each case fixed for any day shall be entered in advance immediately upon a date or adjourned date being fixed, and the entry as to each case shall show the purpose for which it is set down on each particular date, such as for final disposal at the first hearing, or for settlement of issues, or for trial after adjournment. The Diary will show briefly the progress made in each case, and when witnesses are examined in any case, the number of such witnesses shall be stated. A running total in red ink should be inserted from day to day, in order to show the total number of witnesses examined during each quarter of the year. A new serial number should be started at the commencement of each quarter. [G.L. 6/55]

Note 1. – The above instructions are intended for strict observance, and the hours of the sitting and the rising of the Court must be regularly and carefully entered, in the case of any unusually short sitting on any day, a short note explaining the reason shall be given in the diary.

Note 2. – When an officer has to perform Revenue or Criminal duties in addition to his work as a Civil Judicial Officer, he will, when at headquarters, note in the diary whether the day has been spent wholly or partly in the performance of any one class of such duties. The whole of the days spent by him on tour will be credited, in the non-Regulation districts, to Revenue alone.

3-A daily list of cases shall be posted in some conspicuous place in every Court-house for the information of the parties and their pleaders. The cases should, as far as possible, be arranged in the order in which they are likely to be taken up. Execution and Miscellaneous cases may be shown either in the same list or in a separate list. The list shall be prepared and posted on the preceding working day at 4.30 P.M., or in the case of morning sittings before 11 A.M. In the list the cases will be sufficiently described by their number, year and class. [H.C. tetter no. 11392,dated 15th Nov. 1957]

Note. – Judgements ready for delivery should ordinarily be notified in the cause list for the day.

4-At the close of each day a list shall be prepared and posted up in the Court-house showing all cases for the hearing or adjourned hearing of which dates have been fixed during the day, and dates so fixed. [G.L. 5/46, G.L. 10/45, G.L. 8/49, H.C. letter no. 14401-16, dated 8th December 1965]

Note 1. – The number of cases fixed for each day should be restricted to such number as, after making allowance for unavoidable postponements, the Court may reasonably expect to be in a position to deal with.

Note 2. – Lists shall be prepared in the language of the Court and shall remain posted for seven working days after which they shall be filed in office for future reference, if necessary. At the end of every quarter the lists for the previous quarter will be destroyed.

Note 3. – The daily list referred to in Rule 3 will be used at the end of the day as the list referred to in Rule 4.

Note 4. – The list shall be signed by the Presiding Judge and exhibited before he leaves the Court.

5-Without the consent of the parties and in the absence of ‘urgent necessity no Civil trial should proceed on Sundays or holidays gazetted under Section 15 (2) of Act XII of 1887.

6-The Government of Bihar have declared the following as Court language in the State of [Bihar]in supersession of all previous notifications and Orders on the subject :-

“Hindi” to be written in “Devanagri” character :

[* * * *]

7-With the permission of the Presiding Judge any Advocate or Pleader may address the Court in English when any of the pleaders on the opposite side is acquainted with that language or whenever the senior or such pleaders or his client consents to this being done.

8-Plaints may be presented any time during the Court hours. [G.L. 1/36, G.L. 4/62]

9-Petitions, applications, etc., should always be taken in open Courts, and usually at the commencement of the daily sitting of the Court. The majority of petitions can be disposed of by an order passed in Court as soon as they are filed. Where a reference to the record or to other papers is necessary before an order can be made, petitions should, unless they are of an exceptionally urgent nature, be brought up with such record or papers on the following open day and orders should then be passed in Court.

Note. – The District Judge shall fix for his Court and for all Court subordinate to him a time for the presentation of such applications, petitions, etc., as can be presented to the Presiding Officer only. [G.L. 4/62]

10-No documents or proceedings required to be presented to or filed in Court, which is sent by post or telegraph, shall be received or filed in Court. [G.L. 12/65]

11-The administrative work connected with Civil Courts will be carried on in the office, which will be divided into Departments, and each such Department will be in charge of a Judicial Officer.

12-The Regular Seal of the Court shall be placed in custody of a responsible officer of the Court and documents required to be sealed with it should be sealed under his superintendence. Similar precautions shall be taken with respect to the Date Seal, which is affixed to all documents and papers on their presentation to Court. The Regular Seal is to be used .for sealing judgements, decrees, writs, processes, sale-certificates, copies or other documents made or issued judicially. [G.L. 2/27, G.L. 6/61]

The Date Seal shall be affixed to all documents and papers presented to Court in such a way as to show clearly the date on which they were presented. If any court-fee labels appear on them, the Date Seal shall be affixed a second time in such a way as to deface the court-fee labels.

Part I

General Rules relating to Practice and Procedure

CHAPTER I

Pleadings, petitions and affidavits

13-Parties should file pleadings, petitions, applications and affidavits in the language of the Court as far as practicable, or in English and type-written, if possible.

14-Every pleading, petition, affidavit or application filed in Court shall be-

(1) type-written or written on foolscap water-marked plain demi-paper, one side of the paper only being used and a quarter margin together with at least one inch of space at the top and bottom of each sheet being allowed;

Note. – The paper indicated is that generally known as “pie” or “cartridge” paper and is sold by all stamp-vendors.

(2) couched in proper language;

(3) dated, and signed by the person presenting it and also, where necessary, by such other person as may by law be required to sign such pleading, petition, affidavit or application;

(4) signed by the scribe or typist, who shall state the capacity in which he writes it.

Note 1. – This rule shall apply as far as possible to vakalatnamas, mukhtar-namas, process-fee sheets and similar other papers.

Note 2. – A Mukhtar is not permitted to sign pleadings. When a plaint or written statement is presented or tendered by a Mukhtaran endorsement shall be made thereon by the officer of the Court receiving it in the following terms :-

“Presented by A. B., Mukhtar.”

The endorsement shall be signed by such officer and the Mukhtar.

15-When the person presenting a pleading, affidavit, petition or application is not a pleader or a Mukhtar, he shall, if so required by the Court, be identified. In the case of an illiterate person his thumb impression shall be affixed in place of the signature required in this connection.

16-Every petition or pleading shall state concisely and clearly-

(1) the facts, matters and circumstances upon which the applicant relies;

(2) the matter of complaint, if any, and the relief sought or prayer made.

17. Every interlineation, alteration or erasure in a petition or pleading shall be authenticated by the initials of the pleader, or recognised agent of the party by whom it is presented. In the case of an affidavit such authentication shall be made by the initials of the Commissioner.
18. On every interlocutory application or petition filed in a suit valued at less than Rs. 50 the parties shall note the valuation to ‘enable a proper check to be made of the Court-fee paid.
19. Applications in regard to distinct subject-matters shall be made in separate petitions.
20. Petitions requiring verification shall be verified in the manner prescribed in Order VI, Rule 15, Civil Procedure Code.
21. In contested original suits no written statement, application or list of documents shall be filed unless copies thereof have been previously served on the pleader for each set of parties whose interests are not joint. Pleaders served with such copies shall give receipts on the original written statements, applications or lists.

Note. – The above rule shall apply mutatis mutandis to all contested execution proceedings and miscellaneous judicial cases.

22. An order appointing an officer to receive plaints under Order IV, Rule 1 of the Code of Civil Procedure must be in writing. [G.L. 12/26, G.L.1/18]
23. All. plaints and petitions required to be entered in any register must be registered on presentation irrespective of any question as to their possible rejection or of their having to be returned for amendment. [G.L. 2/25, G.L. 6/29]
24. No plaint shall ordinarily remain unregistered for more than one day but should it be found impossible for any reason to register a plaint within 24 hours of its receipt, the fact shall be reported to the Presiding Officer of the Court concerned.
25. A list of the plaints filed each day shall be posted the same day in the prescribed form in the language of the Court at some conspicuous place in the Court-house for the information of the plaintiffs and their pleaders. It shall be signed by the Presiding Officer and exhibited as early as possible and in all circumstances before he leaves the Court.

When a large number of rent suits is instituted at one time special arrangements shall be made so that the information may be supplied as quickly as possible, and previous notice shall be given to the Bar and the public of such modifications of the ordinary procedure as may be necessary on these occasions.

The list shall be affixed one above the other in the form of a guard file. They shall remain posted for one week. The lists for a quarter shall be destroyed at the end of the succeeding quarter.

Note. – The above procedure will apply mutatis mutandis to memoranda of appeals, but the District Judge shall decide whether the list of memoranda of appeals shall be in the vernacular or in English.

26. All Sarishtadars shall be ex officio Commissioners of affidavits in respect of matters and causes arising within and subject to the jurisdiction of the respective Courts in which they are employed.
27. All Nazirs shall be Commissioners of affidavits when such affidavits relate to service of processes and sworn to by process servers under them.
28. District Judges should be careful to satisfy themselves that persons whom, in the exercise of the power vested in them under clause (c) of section 139 of the Code of Civil Procedure, they propose to appoint to be Commissioners to administer oaths on affidavits, are trustworthy and capable of discharging that function with efficiency.
29. Every affidavit to be used in a Court of Justice shall be entitled “In the Court of……………………………….. …………………………..at…………….” naming such Court.
30. If there be a cause in Court, the affidavit in support of, or in opposition to, an application respecting it must also be entitled in the cause.
31. If there be no cause in Court, the affidavit shall be entitled “In the matter of the petition of”.
32. Every affidavit containing any statement of facts shall be divided into paragraphs, and every paragraph shall be numbered consecutively and, as nearly as may be, shall be confined to a distinct portion of the subject.
33. Every person, other than a plaintiff or defendant in a suit in which the application is made, making any affidavit, shall be described in such a manner as will serve to identify him clearly, that is to say, by the statement of his full name, the name of his father, his profession to trade, and the place of his residence.
34. When the deponent in any affidavit speaks to any fact within his own knowledge, he must do so directly and positively, using the words “I affirm” (or “make oath”) “and say”.
35. When the particular fact is not within the deponent’s own knowledge, but is stated from information obtained from others, the deponent must use the expression “I am informed” (and, if such be the case, should add) “and verify believe it to be true”, or he may state the source from which he received such information. When the statement rests on facts disclosed. in documents or copies of documents procured from any Court of Justice or other source, the deponent shall state what is the source from which they were procured, and his information, or belief, as to the truth of the facts disclosed in such documents.
36. Every person making an affidavit, if not personally known to the Commissioner, shall be identified to the Commissioner by some person known to him, and the Commissioner shall specify at the foot of the petition, or of the affidavit (as the case may be), the name and description of him by whom the identification is made, as well as the time and place of identification, and of the making of the affidavit. [G.L. 3/53]
37. If any person making an affidavit shall be ignorant of the language in which it is written, or shall appear to the Commissioner to be illiterate, or not fully to understand the contents of the affidavit, the Commissioner shall cause the affidavit to be read and explained to him in a language which both he and the Commissioner understand, either doing so himself, or causing another person to do so in his presence. When any affidavit is read and explained as herein provided, the Commissioner shall certify in writing at the foot of the Affidavit that it has been so read or explained, and that the deponent seemed perfectly to understand the same at the time of making the affidavit.

38-In administering oaths and affirmations to deponents, the Commissioner shall be guided by the provisions of the Indian Oaths Act, (Act X of 1873). Christian deponents shall be sworn on the New Testament. The following forms are to be used:-

Oath

I swear that this my declaration is true, that it conceals nothing, and that no part of it is false. So help me God.

Affirmation

I solemnly declare that this my declaration is true, that it conceals nothing and that no part of it is false.

39-In all suits and appeals, evidence should, as a general rule, “be taken orally in open Court in the presence, and under the personal direction and superintendence of the Judge” (Order XVIII, Rule 4). The power to order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, should be exercised only under special circumstances, or as Order XIX, Rule 1, declares, “for sufficient reason”, which should always be specified in the order. General orders cannot therefore be given for the admission of affidavits in suits or appeals; where any such orders have been given, they should be withdrawn.

40-The Court should be careful to enforce Order XIX, Rule 3, and except in interlocutory applications (see Order XIX, Rule 2), to confine the use of affidavits to such facts as the deponent is able to prove of his own knowledge and to refuse statements founded on mere belief.

41-In determining how the costs of affidavits should be borne by the parties to the suit, a Court should have special regard to the circumstances under which they were admitted. When an affidavit has been allowed for the convenience of one of the parties, or of one of his witnesses, the costs so incurred should not form costs in the suit and be charged against the opposite party.