Rules relating to Computerisation of the Cause List of the Original Side of Calcutta High Court[Ch-39][CHCOSR]

1. These rules shall have effect Notwithstanding anything contrary contained anywhere else in the Original Side Rules of the High Court at Calcutta.2.In this part unless the context otherwise requires:(1) “Application” shall have the same meaning as “petition” and would mean the main application or petition to initiate any proceeding in the Original Jurisdiction of the High Court;

(ii) “Code” would mean the Code as mentioned in Tables in Appendix-I;

(iii) “Case-Type” would mean the codified types of cases contained in Table I of Appendix-I of this Chapter;

(iv) “Case-Stage” would mean the codified stage of a case as prescribed in Table-II of Appendix-I of this Chapter;

[(v) “District Code” would mean such Code as is mentioned in Table VI of Appendix-I of this Chapter;]

[(vi)] “Form” would mean the Form as enumerated in Appendix-II of this Chapter;

[(Vii)] “Interlocutory Application” would mean any application other than the application mentioned in Clause (i) of this Rule as enumerated in Table IV of Appendix-I of this Chapter;

[(viii)]”Memo of Appeal” would mean a memo of appeal either for Civil or Constitutional Writ Jurisdiction of the Original Side of this Court;

[(ix)] “Plaint” will include any pleading initiating a proceeding termed as a suit under the provisions of any law for the time being in force;

(x) “Proceedings” would mean any main proceedings of the Original Side of the High Court;

(xi) “Subject-classifications” would mean such codified classifications of the subjects of the respective jurisdictions of the High Court enumerated as Group A and B in Table-III of Appendix-I of this Chapter;

(xii) “Working Section” would mean the codified section or department of the High Court as mentioned in Table-V of Appendix-I of this Chapter.

3. Notwithstanding anything to the contrary contained anywhere else in the Original Side Rules, any plaint, petition, memo of appeal, application complete in all respects shall, save as otherwise directed by the Court, be presented at the first instance at the centralized filing section of the Original Side of the Court along with a duly filled in presentation Form prescribed as Form “A” of Appendix II of this Chapter.4.Any plaint, petition, memo of appeal, application which may be allowed by the Court to be moved directly before the Court, must also be so moved along with such presentation Form “A” duly filled in.5. Any plaint, petition, memo of appeal, application moved directly before the Court, shall be sent to the centralized filing counter of the Original Side on the same day by the concerned Officer of the Court.6. Upon the presentation of a plaint, petition, memo, of appeal or application at the centralized filing counter a number will be granted to the presenter, thereafter the same shall pass successively through the caveat counter, filing counter, scrutiny counter and ledgering counter of the centralized filing section of the Original Side as applicable for verification and checking.7. If any proForma is found to be defective, the [matter] shall Not be finally numbered or listed and shall be entered into a “Defective list” to be published within 48 hours at the entrance of the centralized filing counter and also sent to the Bar for removal of the defect within 21 days thereof failing which the [matter] will be treated as abandoned.8. Save as otherwise directed by the Court:

(a) Every “Chamber Application” shall appear in the list on the expiry of the two clear days from the date of service of the application on the other side;

(b) Every “New Motion” /”Court Application” shall appear in the list on the expiry of two clear days after service of the application on the other side;

(c) Every “Summons” under Chapter XIIIA of the Original Side Rules of this Court shall appear in the list on the expiry of seven clear days from the date of service of the application on the other side;

(d) Every “Summons” under Order XXXVII of the Code of Civil Procedure, 1908 shall appear in the list on the expiry of ten clear days from the date of service of the application upon the other side;

(e) Every “Originating Summons” shall appear in the list on the expiry of eight clear days after filing of the application;

(f) Every “Judges Summons” will appear in the list on the expiry of four clear days after filing of the application;

(g) Every other petition shall appear after the expiry of 48 hours.

9. Rules 3 to 7 of these Rules will applymutatis mutandis for presentation of an interlocutory application save and except that such interlocutory application should be presented along with a duly filled in supplementary Form enumerated as Form “B” in Appendix-II of this Chapter.10. Unless otherwise ordered all affidavits of service are to be filed in the scrutiny counter within the time specified.11. After the initial listing of the suit, petition, memo of appeal or application all subsequent listing thereof will be effected by means of a modification Form prescribed as Form “C” in Appendix-II appended to this Chapter.13. All expenses that may be incurred on account of publication of such Cause List shall be met out of the fund[which shall include the sale proceeds of the cause lists and the amounts received on account of inFormation supplied through computerised enquiry counter] to be termed “Computer Cause List Fund” and the same shall be treated as a Non-Governmental fund excepting such fund that may be sanctioned by the Government for the purpose. The Registrar, Original Side, shall be the custodian of such fund.14. The said fund shall be kept in deposit in some Nationalised Bank having its branch in the vicinity of the Court. Such account shall be operated by the Registrar or any one authorised and empowered by him so to do under the instructions of a Computer Committee to be set up by the Chief Justice in connection with computerisation in the High Court.15. All tables and Forms referred to in this Chapter including Codes are as in Appendices I and II of this Chapter. The number of codified items may be added to or amended by the Computer Committee according to the exigencies of the situation.

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Appendix I

Table-I = Case TypeTable-II = Case StageTable-III = Group A & B (i.e. Writ & Civil matters)Table-IV = Interlocutory Applications (Civil & Writ)Table-V = Working Section[Table-VI = District Code]

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Appendix II

Form-A = Presentation FormForm-B = Supplementary FormForm-C = Modification Form

[CHAPTER XXXIXA]

Appendix I

[Table I]

Case Type

Table II

Case Stage Code

Case Stages Original Side

(in order of appearance in the Cause List)

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Appendix I

Table III

Subject Classification

Group A – (Writ Matters)

Sub-Group

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Appendix I

Table III

Subject Classification

Group B – (Civil Matters)

Sub-Group

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Appendix I

Table IV

[Applications (Civil & Writ)]

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Appendix I

Table V

Working Section

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Appendix I

Table VI

District Code

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Appendix II

[Form A]

Presentation Form

1. Case type (See Table I) Code2. No. …………….. of 20………… (Number to be given by the Office)3. Petitioner(s)/appellant(s)/applicant(s) & Anr. /ors.4. Respondent(s)/opposite party (parties) & Anr. /ors.5. Petitioner(s)/appellant(s)/applicant(s) Advocate6. Respondent(s)/opposite party (parties) Advocate7. Subject Category Code

(See Table III)

8. Case Stage Code (See Table II)

Group : Sub Group

9. Act(s)10. Rule(s)11. Working Section Code (See Table V)12. Date of filing13. Connected Case Type: No. of 20…………….14. Lower Court inFormation (if any)

Lower Court details: Dist./High/Tribunal District

Coram: District Code (See Table VI):

Lower Court Case No. of 20….

Judgment/Order Dated : Date of Transfer:

Connected Lower Court Cases:

15. To be listed : Main/Application on ……………………. In Court No. ………………..16. Special InFormation, if anyDated……………….

Signature of Advocate for the Petitioner(s)/Appellant(s)/Applicant(s)

N.B. Any entry Not applicable be simply penned through.

Receipt

Received Case Type: No. of 20……………

Vs.

submitted on: By Signature of the Section Officer/ Superintendent Central Filing Section

High Court At Calcutta

(Original Side)

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Appendix II

Form B

Supplementary Form

2. Case Type (See Table I) Code:2. Case No. of 20……………3. Application No. of 20………….4. Applicant(s) & Anr. /ors.

Versus

5. Respondent(s) & Anr./ors.6. Application type *GA/ACO No. of 20………. Code _____________(See Table IV)7. Working section Code (See Table V)8. Connected Case type ……………………. No. ………………….. of 20…………9. To be listed in Court Room No. ………………………..Dated:

Signature of the Advocate for petitioner(s)

*GA = General ApplicationACO = Petition in Company Appeal

Receipt

Received application Code No. ………………………. of ……………………. 20 ………………

Vs.

Filed on By Signature of the Section Officer/ Superintendent Central Filing Section

High Court At Calcutta

(Original Side)

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Appendix II

From C

Modification From

(Exclusively for office Uses)

Before the Hon’ble Justice:

Court Room No ………………….