The Rules of The High Court At Calcutta (Original Side), 1914

The Rules of The High Court At Calcutta (Original Side), 1914

CHAPTER I Persons entitled to Appear and Plead on the Original Side

 

CHAPTER IA

Rules relating to practice of Supreme Court Advocates on the Original Side of the High Court

  1. The rules made in this Chapter shall remain in force till section 30 in Chapter IV of the Advocates Act, 1961, comes into force.2.An Advocate of the Supreme Court intending to practise on the Original Side of this Court shall lodge with the Registrar, Original Side of this Court, a copy of the certificate of his enrolment in the Supreme Court, authenticated by the Registrar of that Court, stating whether the intending Advocate is a senior or other Advocate of the Supreme Court and shall also lodge with the Registrar his office address. Such office shall remain open on all working days during the usual office hours for receiving Notices, services, summonses and all communications. If there is any change of such address, the Advocate concerned shall also lodge with the Registrar each and every such change of address forthwith.3. An Advocate of the Supreme Court shall be entitled to practise on the Original Side of this Court subject to the following conditions:

(i) The office address of such an Advocate shall be a place situate within the boundaries set out below and shall Not include any of the libraries in the Court premises or any other Court premises

Boundaries

On the North – By Galiff Street,On the east – By Bidhan Sarani, Acharyya Prafulla Chandra Road, Acharyya Jagadish Bose Road, Park Street, Syed Amir Ali Avenue, Ashutosh Chowdhury Avenue (Old Ballygunge Road) and Gariahat Road,On the south – By Rash Behari Avenue, Chetla Central Road, Raja Santosh Road,On the west – By Diamond Harbour Road, Kidderpore Road, St. George’s Gate Road, Strand Road, Soya Bazar Street and Rabindra Sarani.A map showing the area included within the said boundaries is kept with the Registrar, Original Side.

(ii) Any Notice, writ, summons, orders or other documents required to be served on an Advocate of the Supreme Court shall be served at such address and shall be deemed to have been properly served, if served or left at that place on his refusal to accept the service of the same.

  1. An Advocate of the Supreme Court shall Not be entitled to act in the Court unless he has filed theVakalatnamaand shall Not be entitled to appear and plead before the Court unless he has filed the Vakalatnama or is instructed by an Advocate who has filed the same.5. All Warrants of Attorney filed by an Advocate of the Supreme Court in any suit, matter or proceedings on the Original Side pending on 1st January 1977, shall be deemed to be Vakalatnamas filed by him under these rules and No fresh Vakalatnamas need be filed by him.6. Save as otherwise expressly provided in these rules, all the rules of the Original Side of this Court relating to Advocates shall apply mutatis mutandis to Advocates of the Supreme Court practising on the Original Side including the rules as to costs.

CHAPTER II

Examination of Articled Clerks of Advocates acting on the Original Side for admission as Advocates on the State Roll

  1. Every person who, immediately before the 31st day of December, 1976, was articled with an Attorney passed the Preliminary examination for enrolment as an Attorney of this Court held under the previous Chapter II of these rules may be admitted as an Advocate on the State Roll if he passes on or before the 31st day of December, 1980 either –

(a) an examination to be called the “Final” examination provided he has passed the Intermediate examination held under the previous Chapter II of these rules before 31st day of December, 1976, or

(b) two examinations to be called the “Intermediate” and the “Final” examination in case he has Not passed the Intermediate examination held under the said previous Chapter II before the 31st day of December, 1976.

  1. The examinations mentioned in rule 1 shall be held once in every six months at such time and place as the Board of Examiners shall appoint and any two of the Examiners, one being the Registrar, shall be competent to conduct the examinations.3.The Registrar for the time being shall be ex-officio an examiner.4. In addition to the Registrar, there shall be Not less than two examiners who shall be appointed by the Chief Justice and shall be either Advocates or officers of the Court. The term of office of each Non-official examiner shall be one year from the date of his appointment, provided that any examiner may be reappointed.5. The final examination as aforesaid shall be held on the following subjects:

(A) (i) The provisions of the Indian Companies Act VII of 1913 (as amended) in section 138 and the winding up proceedings as contained in Part V (sections 153 to 247) and Part IX (sections 270 to 276) and Appendix No. 7 (Part II) of the Original Side Rules; Banking Regulation Act X of 1949; The Companies Act, 1956 (Act I of 1956) as amended and the Companies (Court) Rules, 1959 as framed by the Supreme Court of India.

(ii) The Presidency Towns Insolvency Act III of 1909 and Appendix No. 8 (Part II) of the said Rules:

(B) The Principles of Common Law and Equity [including Specific Relief Act (XLVII of 1964)] and Indian Trusts Act (II of 1882) and Chapter XXIX of the said Rules;

N.B.: Ratanlal or Salmond on Torts and Trikamlal Desai’s or Maitland’s Principles of Equity prescribed.

(C) (1) Hindu Law; The Hindu Marriage Act, 1955 (Act XXV of 1955); The Hindu Succession Act, 1956 (Act XXA of 1956); The Hindu Adoptions and Maintenance Act (Act 78 of 1956).

(ii) Mohammedan Law.

N.B.: Mulla’s Hindu Law, and Mohammedan Law prescribed.

(D) Principles of the Law relating to movable and immovable properties in India including the Transfer of Property Act (IV of 1882) and Chapter XXVIII of the said Rules. The Indian Contract Act (IX of 1872). The Indian Sale of Goods Act (III of 1930). The Indian Partnership Act (IX of 1932) and the Practice of Conveyancing.

  1. The Intermediate examination as aforesaid shall be held on the following subjects:

(A) (i) The Guardians and Wards Act (VIII of 1890) and Chapter XIX and Chapter XXX (rules 1 to 17) of the said Rules; The Hindu minority and Guardianship Act (XXXII of 1956).

(ii) The Indian Lunacy Act (IV of 1912), Part III, Chapter IV and Chapter XXX (rules 18 to end) of the said Rules.

(iii) The Indian Arbitration (Protocol and Convention) Act (VI of 1937); Arbitration Act, 1940 and Chapter XXIII and Appendix Part II, No. 6 and Appendix No. 14 of the said Rules;

(B) (i) The Indian Evidence Act I of 1872; The Bankers’ Books Evidence Act XVIII of 1891 and. Chapter XXXVIII (Rules 64 to 69) of the said Rules;

(ii) Law as to Attorneys and Chapters I and XXXVIA of the Rules of the High Court, Calcutta, Original Side.

N.B. : Halsbury’s Laws of England, Vol. 31 Articles relating to ‘Solicitor’ prescribed.

(C) (i) Income Tax Act, 1961.

(ii) Income Tax Rules, Appendix I, Part I, of the High Court Rules.

(iii) Industrial Disputes Act, 1947, with Central Amending Acts –

(a) The Industrial Disputes (Amendment and Temporary Provisions) Act, 1951,

(b) The Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956,

(c) The Industrial Disputes (Amendment) Act, 1946.

(D) (i) The Indian Penal Code, 1860;

(ii) The Code of Criminal Procedure, 1973 (so far as it applies to Calcutta including Appeals under section 374 of the said Code);

(iii) The City Civil and Sessions Courts Act, 1953.

  1. The papers proposed to be set in each of such examinations shall be considered by the whole body of examiners with a view to ascertaining whether they conForm to the required standard. Any papers which, in the opinion of the majority of the examiners, do Not so conForm, shall be amended to so conForm.8.The number of questions required to be answered in each paper in each examination shall be ten and the aggregate number of marks in each paper shall be 200. To be entitled to pass, a candidate must obtain 90 marks in each paper and 50 per cent of the aggregate number of marks obtainable in the examinations.9. All expenses that may be incurred on account of the examinations to be conducted under these rules shall be defrayed by the Registrar out of the existing “EXAMINATIONS FEE FUND”. The scale of remuneration of the examiners shall be as follows, provided that No examiner shall receive less than Rs. 100 for examining the answer papers:
Rs.
For setting a paper 150
For examining answer paper (for each paper) 15

The Registrar will receive Rs. 150 for supervising the examination.9A. The Examination Fee Fund shall be operated by the Registrar under the control of a Committee consisting of the Chief Justice and two other Judges to be Nominated by the Chief Justice and shall be disbursed in such manner as the Committee may think fit and direct the Registrar from time to time. All such disbursements shall be subject to the confirmation of the Full Court.10. The Registrar shall keep account of all such fees as shall be paid to him under rule 11 and shall at the end of each year file a statement of account signed by himself and two other examiners.11. Every person intending to appear at the Intermediate examination prescribed by these rules shall, before each half-yearly examination, give one calendar month’s prior Notice in writing to the Registrar stating his intention to so appear and shall, at the same time, and on each occasion of giving such Notice, pay to the Registrar a fee of Rs. 150. Every person intending to appear for the Final Examination shall likewise, along with such Notice, pay to the Registrar a fee of Rs. 175. The fees for the Intermediate and the Final Examinations, so to be paid, shall be placed to the credit of the said “EXAMINATIONS FEE FUND”. The Notice shall be in Form No. 1 in Appendix ‘A’, Part I.12. Every person, who shall have given Notice of his intention to appear at either examination and who shall Not have attended to be examined or Not have passed the examination for which Notice has been given, may renew the Notice for the examination from time to time as often as he shall think proper, but in No case after 31st December, 1980, provided that every such renewed Notice shall be given in conFormity with the rules herein, unless the Court shall otherwise order.13. The Registrar shall reduce all Notices of intention to appear at any examination into an alphabetical table under convenient heads and shall, three weeks previous to the examination, affix the same on the Notice board at the East Gate of the Court house and also on the Registrar’s Notice board, to be exhibited daily.14. The Registrar shall inform each candidate, who shall have given Notice of his intention to appear at either of the examinations, of the days and the subjects fixed for each examination.15. Any candidate bringing into the examination room any book, documents or printed or written papers whatsoever or communicating in any way with another candidate or copying from another candidate or any book or paper in the examination room or using any unfair means whatsoever or assisting another candidate in so doing will be liable to be summarily rejected from the examination room and shall Not, unless the Court shall otherwise order, be permitted to appear in any other portion of the same examination or at any subsequent examination.16. Every person who shall have given Notice of his intention to appear at the Intermediate examination shall file with the said Notice his certificate of passing the Preliminary examination held under the rules in force before the 1st day of January, 1977.17. Every person who shall have given Notice of his intention to appear at the Final examination shall likewise file with the said Notice his certificate of passing the Intermediate examination held under these rules or the Intermediate examination under the rules in force before the 1st day of January, 1977, as the case may be.18. All such certificates furnished by the candidates for the examinations shall be returned to them by the Registrar.19. Every person who has passed the Intermediate examination held under the previous Chapter II of these rules or the Intermediate examination held under these rules shall be entitled to obtain a certificate from the Registrar under his signature that he has duly passed the same. The certificate shall be in Form No. 2 in Appendix ‘A’, Part I.20. Every person who shall have passed the Final examination held under these rules shall be entitled to obtain a certificate from the Registrar under his signature that he has satisfactorily passed the Final examination for admission as an Advocate under the State Roll. The certificate shall be in Form 3 in Appendix ‘A’, Part I.21. Any person whose name was borne on the Roll of Attorneys of the Court prior to the 1st day of January, 1977 may, on payment of Rs. 5 in Court-fees stamp, obtain a certificate under the signature of the Registrar and the seal of the Court that he was admitted as an Advocate acting on the Original Side of this Court and the date of such admission will be given. The certificate will be in Form No. 4 in Appendix ‘A’, Part I.

CHAPTER III -Holdings of courts ,vacations,Holidays

CHAPTER IV

The Officers : Records and Certified Copies : Communications : the Registrar: the Seal : Oaths : Register of Work : Translations

  1. Office hours; during term.– Subject to any order made by the Chief Justice, the office hours in the several offices on the Original Side of the Court shall, during term, be from 10-30 A.M. to 5 P.M., except on Saturdays when they shall close at 2 P.M. No work, unless of an urgent nature, shall be admitted after 4-30 P.M., on ordinary days or after 1 P.M., on Saturdays.During vacation.– During the Long vacation the office hours for urgent work only shall be from 11 A.M. to 2 P.M., except on Saturdays, Sundays and any of the Pujas or holidays mentioned in Chapter III, when provision will be made for very urgent business.During the Christmas and Easter vacations provision will be made for very urgent business.2. Officers Not to leave Calcutta without leave. – No officers appointed by the Court or Sheriff shall be absent from Calcutta for more than twenty-four hours at a time without the leave of the Court or a Judge. But this rule shall Not apply to Sundays or holidays.3. Receipt of documents by officers. – The officers of the Court shall Not, without the special permission of the Registrar, receive any pleading, petition, affidavit or like document on the file (except original exhibits); unless the same shall be fairly and legibly transcribed on durable paper, half foolscap size, and all office copies shall be transcribed in like manner.4. Separate books for each year to be kept. – The several officers of the Court and the Sheriff shall keep, for every year, separate book for their respective offices for the several businesses belonging thereto.5. Keeping of records. – Each officer shall safely keep all records and muniments belonging to his department and in his custody and shall class them in regular order, so that recourse may be speedily had thereto.6. Keeper of Records. – The Keeper of Records shall safely keep all records and muniments delivered to him, and shall class them in regular order, so that recourse may be speedily had thereto; and shall also keep a book in which he shall make dockets of the names of the parties, their Advocates acting on the Original Side and the number of the roll; and shall also keep an alphabetical list of the names of the parties.7. Account of stamps. – The Examiner of Stamps shall keep an account of all stamps cancelled in the respective offices, specifying the value thereof.8. No officer to be receiver without previous sanction. – No officer of the High Court shall accept any officer for a fee or other reward or the office of Receiver or Commissioner of Partition in any suit, matter or, appeal without the previous sanction of the Chief Justice:Provided that the absence of such sanction shall Not invalidate any act or thing done by an Officer of the High Court.

Searches of Records, Certified Copies

  1. Search of records, copies, inspection by a party.– Subject to the special provisions contained in any other rule a party to a suit or proceeding ding who has appeared shall be allowed search, inspection or copies of all pleadings, proceedings, depositions, orders, decrees and other documents filed in such suit or proceeding or such parts thereof as he may require, on payment of the proper fees and charges, except that in execution matters the granting of the same shall be in the discretion of the Registrar subject to the order of a Judge.9A.Where the Court or a Judge so directs, a copy of the minutes of an order maintained in the Court shall be filed in the appropriate suit or proceeding and a party to the said suit or proceeding who has entered appearance shall be allowed a certified copy thereof on payment of proper fees and charges and such -copy shall be certified in the manner provided in rule 12 of this Chapter.10. Search of records, copies, inspection by Non-party. – The officer-in-charge of records shall, at the request of any person Not a party to a suit or proceedings, grant or allow search, inspection or copies of all pleadings, proceeding, depositions, orders, decrees and other documents filed in such suit or proceeding, or such parts thereof as he may require, on payment of the proper fees and charges, except during the pendency of such suit or proceeding when the granting of same shall be in the discretion of the Registrar subject to the order of the Judge.11. Consent or Notice. – Search or inspection under the last two rules during the pendency of a suit or proceeding shall only be allowed in the presence, or with the consent, of the parties appearing, or after 24 hours’ Notice in writing to them. On search or inspection a party shall Not be allowed to take copies, only Notes allowed but only Notes of such search or inspection.12. Certified copies. – Where the copies under rule 9 or 10 are required to be certified as provided in section 76 of the Indian Evidence Act, such certificate may be dated and subscribed by any officer of the Court to be deputed by the Registrar for the purpose.13. Office copies of depositions. – Where office copies of depositions of witnesses examined in any suit or proceeding before the Court, a Judge or an officer are required for the purposes of an appeal, a fair copy of every such deposition, where taken in long-hand, shall be settled by the Judge or officer by whom the same may have been taken down, and all office copies shall be made from the fair copy so settled. Where a deposition has been taken down in shorthand, such office copies shall be made from the filed transcript.14. Stamp to be defaced. – The officer attesting copies shall write his initials with the date across the stamp affixed thereon, after first satisfying himself that the stamp has been cancelled by a portion of the label being punched out in such a manner as to remove neither the figure head Nor that part of the label upon which its value is expressed.14A. When a copy of a decree, judgment or order is granted the following particulars shall be recorded on the back of the copy itself

(i) Date when the decree or order was completed,

(ii) Date of application for copy,

(iii) Date of Notifying the requisite number of folios and stamp,

(iv) Date of delivery of the requisite folios and stamp,

(v) Date on which the copy is ready for delivery,

(vi) Date when delivery was taken of the copy by the applicant.

  1. No order necessary for production of records or papers in Court, etc.– No order of the Court or a Judge shall be necessary for the production or delivery of any records, proceedings or other papers by any officer of the Court in Court, or to any other officer of the Court for the purpose of any further proceeding in or for the purpose of being produced in Court in any cause or proceeding. The same shall be produced on a written requisition from the Advocate acting on the Original Side or party in the cause giving 24 hours’ Notice of such production to the officer required to produce them. In any case in which the officer shall doubt the propriety of such production, he shall take the written direction of the Registrar as to such production.16. Production of records elsewhere.– No records or proceedings which have been filed shall be produced elsewhere than in the High Court, without the order the Court or a Judge.16A. Unless otherwise ordered by the Court or a Judge for reasons to be recorded by it or him, when a record or part of it is called for from this Court by any Court or Officer, within or outside the State, either on its own motion or on the prayer of the party, the Court or Officer calling for it shall state the circumstances which render its production necessary and send along with the requisition certified copy of the record or part thereof called for. If No certified copy is sent with the requisition the requisitioning Court will be inFormed of the cost of preparation of the loco or certified copy thereof with a request for remitting the same to this Court. On receipt of the said cost and after preparation of the loco copies, the original will be sent to the requisitioning Court or Officer on condition that it should be returned to this Court, being a Court of record, as early as possible. Original record, when sent in compliance with such requisition, will be replaced as soon as received back and the loco or certified copy will thereafter be returned to the requisitioning Court on request.

Communications to the Hon’ble Chief Justice and Judges

  1. Communications to be submitted to the Chief Justice.– Where any communication, other than a merely Formal letter, is. made to the Chief Justice and Judges, the Registrar, on receipt of the original letter, shall cause it to be filed, docketed and submitted to the Chief Justice for orders.

The Registrar

  1. Provision for performance of duties of Registrar during his absence.– In case of the temporary absence of the Registrar or of his being occupied or employed on special or other duties, the Senior Master, Master, Deputy Registrar or other qualified officer may be authorised by the Chief Justice to perform any of the duties usually performed by the Registrar, whether as Registrar, Accountant-General, Taxing Officer, Sealer, or Keeper of the Records.18A. Delegation.– With the approval of the Chief Justice, the Registrar may delegate to an Assistant Registrar by order in writing, the power and duty of signing certificates, Notices and letters required by these rules or by the practice to be signed by the Registrar.18B. The Senior Master will have all the powers of the Master and perForm any of the duties which are done by the Master as may from time to time be directed by the Chief Justice or by the Registrar with the approval of the Chief Justice.

The Seal

  1. The Seal.– The seal may be affixed to any writ, warrant, rule, order, summons, or other judicial process issued or made in the exercise of the Original Jurisdiction of this Court, or on appeal from the Original Jurisdiction, on the authority of the signature to such document of the Registrar, Master, or Deputy Registrar; it may also be affixed to any summons to appear and answer or to any certified copy on the authority of the signature to such summons or certified copy of the Assistant Registrar who under rule 1 of Chapter VIII or rule 12 of this Chapter is authorised by the Registrar to sign the same. It may also be affixed to any writ, warrant, rule, order, summons or other judicial process issued or made in the exercise of the Original Criminal Jurisdiction of this Court or on appeal from the Original Criminal Jurisdiction, on the authority of the signature to such document of the Clerk of the State.

Oaths

  1. Oath or affirmation by Interpreting Officer (Court) and Translator.– Every Interpreting Officer (Court) and Translator, before his admission to office, shall make an oath or affirmation, that he will well and truly interpret and explain all questions put to and evidence given by witnesses, and translate correctly and accurately all documents given to him for translation.21. Oath or affirmation by Munshi and Reader.– Every Munshi and Reader of the Court, before his admission to office, shall make an oath or affirmation that he will truly and correctly and to the best of his ability read such documents as he may be called upon to read for the purpose of translation.

Register of work

  1. Register of work, etc.– A register shall be kept showing the work that comes in (per folio), the date of receipt and of completion, the number of folios done by each member of the department, and the amount of fees paid.23. Monthly return of work.– A return showing the work done by the several members of the department shall be forwarded monthly by the Chief Interpreting Officer (Court) to the Registrar.

Transcription and Translation of Documents

  1. Transcription of documents in the Bengali character.– Documents which are in a language known to any of the Translators and in a character which can be read by any of the Munshis or Readers and which require to be transcribed in the Bengali character before they can be translated into English, shall be read by a Munshi or Reader of the Court to, and transcribed by, one of the Bengali Mohurirs, who shall sign the transcript made by him after the words “Transcribed by me”. Such transcript shall be examined by one of the sworn Translators with the original, with the assistance of the Munshi or Reader and be signed by him under the words “The above is a correct transcript as read by the Munshi or Reader”. Such transcript shall be attached to and produced in Court with the translation.25. Translation where language of document Not known to the Translators.– Translation of a document in a language which the Translators do Not kNow shall be made by special Translators, if any, appointed by a Judge. Applications for such translation shall be made to the Registrar, who shall forward the same to the Special Translators. In the absence of Special Translators, the document shall be translated by a person who kNows both such language and English and the document shall Not be accepted in evidence, unless accompanied by the translation ‘and an affidavit of such person, stating that he knows such language and English, and that he has truly and faithfully translated the document.26. Documents Not to be accepted in evidence unless translated. – Except with special leave, No document in a language other than English shall be accepted in evidence unless translated in accordance with these rules.27. Sending documents for translation. Consequence of delay in sending. – An Advocate acting on the Original Side or a party in person shall, as soon as practicable, send to the Translators’ office for translation any vernacular document on which he may rely. Where he fails to do so, or sends the same so late that the translation is Not ready for use when the case is called on; the Court or Judge may disallow the costs of such translation.29. Change or discharge of Advocate acting on the Original Side pending translation. – Where there is a change or discharge of Advocate acting on the Original Side after an Advocate acting on the Original Side has sent a document for translation to the Translators’ Department, the Translators’ Department shall be inFormed at once by such Advocate acting on the Original Side of such change or discharge and of the name of the new Advocate acting on the Original Side, or the address of the client if he appears in person, as the case may be.30. Document in pencil writing. – Where a document, which is wholly or in part in pencil writing, is sent by a party or his Advocate acting on the Original Side for translation, it shall be accompanied by a copy thereof in ink, certified by the party or his Advocate acting at the Original Side to be a true copy. Such copy shall be attached to and produced in Court with the original.31. Inspection in Translator Department. – Any book or document lodged in the Translators’ Department by one party shall Not as a rule be inspected there by any other party, but in special cases and after hearing both parties the Registrar may allow such inspection on payment of the usual fees for inspection in the Court.32. Translation of document in the possession of another party. – Where translation of a document, or entry or entries in the vernacular, in the possession of one party is required by the other party for the hearing of the suit, the Former, on the application of the latter, shall immediately send the originals to the Translators’ Department for translation, or allow the latter to take copies thereof, and after examination of such copies without any delay certify them to be correct copies. Translations of such certified copies shall be admissible at the hearing. In dealing with the costs of the suit, the Court or Judge shall have regard to any failure to comply with the provisions of this rule.33. Translation after office hours. – Where a party to any suit or matter or his Advocate acting on the Original Side requires a document to be translated within a specified time, the Registrar may upon production to him of a certificate from the Chief Interpreting Officer (Court) that the work canNot be done in the ordinary course within such time, allow the work to be done after office hours on payment of the usual Court-fee in stamps, and an additional fee of Rs. 1-8 per folio for Nagri documents and Re. 1 per folio for other documents, in cash, to the Interpreting Officer (Court) and Reader doing the work. Such additional fee shall Not be allowed in any event as between party and party.34. Furnishing copy of translation. – An Advocate acting on the Original Side, who shall obtain a translation of any document to be used for the purposes of a suit or matter, shall, where required, furnish a copy of such translation to the opposite party or his Advocate acting on the Original Side, on payment of half the translation charges.35. Compulsory lodgment for translation. – The Court or a Judge may, on application by any party, at any time, require any other party to the suit, appeal or matter to produce, and leave in the Translators’ office, any document Not in the English language in his possession, for the purpose of being officially translated, and may order that the translation when made shall be filed with the proceedings in the suit.

CHAPTER IV-A-   Issuance of copies

  1. Except as otherwise provided by the Rules under this Chapter, Rules 9 to 16A of Chapter IV shall applymutatis mutandis in regard to issuance of copies.2. Copies of all documents, whether certified or uncertified, including plaints, written statements, exhibits, maps, plans, petitions, affidavits, judgments, decrees and orders passed by this Court shall be available at the rate of Rs. 4 / – a page either in the Form of xerox or computerised print subject to availability of such document in the central data base. Further, a searching fee that may for the time being is in force shall be charged whenever such fee is payable.3. (i) On receipt of an application for copy, the Officer-in-Charge of Records shall immediately requisition the relevant records or the minutes, as the case may be. Upon receipt of the records or the minutes, the Officer-in-Charge shall Notify the charges for the copy applied for.

(ii) Where the copy applied for is a judgment, decree or order of this Court disposing of the main proceedings, such copy shall include the full cause title of the proceedings in which such judgment, decree or order has been passed.

(iii) Where the copy applied for is a judgment, decree or order of this Court disposing of the main proceedings, in Notifying the charges for such copy, the Officer-in-Charge shall also take into consideration the total number of pages, containing the cause title of the proceedings, at the rates mentioned in Rule 2 hereof but Not the searching fees thereof.

Separate sheet or sheets containing the complete cause title of the proceedings in which the judgment, decree or order disposing of the main proceedings was passed, the copy of which may have been applied for shall also be filed along with the application for copy:Provided that the Officer-in-Charge shall in appropriate cases certify that he has compared the cause title, furnished by the applicant, with the original in his custody:Provided further that when the copy applied for is an interlocutory order passed in any proceedings, if the applicant so desires, it shall Not be necessary to supply full cause title and the certified copy will be given on the basis of short cause title direct from the Server after making proper assessment of the charges as provided above.4. The charges that may be Notified shall be paid by court-fee stamps to be affixed on the first page of the copy and punched.5. All copies shall bear the seal of the Court and shall be certified to be a true copy and signed in full by an Officer authorized to do so by the Registrar. The Certifying Officer shall append to his signature the words “Authorised under section 76 of the Indian Evidence Act, 1872 (Act I of 1872)”.6. When the copy applied for is a judgment, decree or order, the following particulars shall be recorded on the back of the copy itself, and in the Form given below:

(i) date of application for copy;

(ii) date of Notifying the charges;

(iii) date of putting in the charges;

(iv) date on which the copy was ready for delivery;

(v) date of making over the copy to the applicant.

OLD LAW

CHAPTER V

Exercise of Original Jurisdiction : Composition of Courts : Exercise of Disciplinary Jurisdiction

  1. Exercise of Original Jurisdiction.– Any Judge of the High . Court may, subject to any rules of Court, exercise, in Court or in Chambers, all or any part of the Jurisdiction vested in the High Court on its Original Side.2. Hearing by two or more Judges – how obtained.– Where it shall appear to any Judge, either on the application of a party or otherwise, that a suit or matter can be more advantageously heard by a Bench of two or more Judges, he may report to that effect to the Chief Justice, who shall make such order thereon as he shall think fit.3. Where it shall appear to any Judge at any stage of a suit, application or other matter, that it involves a,substantial question of law as to the interpretation of the Government of India Act, 1935, or any order in Council made thereunder, or the Constitution of India or any Order made thereunder, he shall report to that effect to the Chief Justice, who shall constitute a Bench of two or more Judges to hear the question of law arising in the suit, application or other matter and remit the matter with their opinion to the Judge who made the report.3A. A decision of a Bench of three or more Judges constituted under Rule 2 or Rule 3 of this Chapter on or after the 1st July 1953, shall be deemed to be a decision of a Full Bench.3B. Deleted. – Published in the Calcutta Gazette, dated Oct. 18, 1982.4. The Court may direct Notice of any proceedings to be given to the Advocate General of West Bengal who may appear and take such part in the proceedings as he may be advised.5. Notice of proceedings to the Advocate General of West Bengal. – The Advocate General of West Bengal may apply to be heard in any proceedings before the Court, and the Court may, if in its opinion the justice of the case so requires, permit the Advocate General to appear and be heard, subject to such terms as to costs or otherwise as the Court may think fit.6 to 11. Deleted. – Pub. in the Calcutta Gazette, dated June 22, 1977, Part I.

 

CHAPTER VI  - Chamber Business

CHAPTER VIA

Court Fees on Plaint, etc.

  1. For the purpose of this Chapter pleadings will include plaint, written statement in which a set-off is claimed or a counter-claim made, original petition, affidavit in support of originating summons under Chapter 13, any other affidavit initiating an original proceeding, memorandum of appeal, memorandum of cross-objection, application for review, application for leave to sue or appeal inForma pauperis.2. After presentation of any pleading to the Judge, the Registrar, or the Master, as the case may be, the same shall be placed before the Examiner of Stamps (hereinafter referred to as the Stamp Reporter) and the Stamp Reporter will endorse thereon a report as to the sufficiency or otherwise of the stamp.Such report shall ordinarily be endorsed on the pleading and returned by the Stamp Reporter before 4 p.m. on the day on which it was made over to the Stamp Reporter for examination.3. The party filing any such pleading instituting thereby a proceeding, shall file along therewith a statement of his own valuation thereof and the manner in which the value has been computed and the amount of court-fees payable on that basis.4. If there is a reasonable doubt as to the necessity of paying court-fees or the amount thereof on any such pleading, which an Advocate or an Advocate acting on the Original Side or party desires to present, he shall apply to the Registrar who is the Taxing Officer within the meaning of section 5(1) read with section 5(3) of the Court-fees Act, for his decision as to the court-fees payable and the Registrar shall pass an order accordingly and fix a period within which such requisite court-fee must be paid. If the requisite court-fee as determined by the Taxing Officer is Not paid within the period prescribed by him, the case shall be laid before the appropriate Bench for orders.5. If any such pleading is presented to the Judge, the Registrar or the Master, as the case may be, with insufficient stamp as per Stamp Reporter’s report, the party or his Advocate or Advocate acting on the Original Side may apply to the Registrar for time to put in the requisite court-fees and the Registrar may fix a period within which such requisite court-fees must be paid. If the requisite court-fee is Not paid within the period fixed by the Registrar, he shall lay the matter before the appropriate Bench for orders.6. Whenever any such pleading is presented or filed with court-fees, the Registrar will ensure that the stamp thereon is cancelled before it is accepted.7. When an application for leave to appeal to the Supreme Court is presented or filed, the Stamp Reporter shall, after examining the record of the court of first instance and the Court of Appeal, make a report as to the amount of court-fees payable and paid in the Court of first instance or in the Court of Appeal and when it appears to him that there has been a deficit of court-fees or the suit or appeal has Not been valued properly, he shall submit a report accordingly to the Registrar who shall lay the same before the appropriate Bench for orders.If a party fails to pay the deficit court-fee together with interest thereon as directed by the Court under sub-section (1) of section 17 of the Court-fees Act within the time fixed by the Court a certificate shall be granted by the Registrar in terms of the order of the Court for recovery of the same as public demand.8. Where any order is made by the Court for refund of any court-fees paid by a party or his Advocate or Advocate acting on the Original Side as the case maybe, the Registrar shall grant a certificate in terms of the order made by the Court authorising the party or his Advocate or Advocate acting on the Original Side to receive back from the Collector the amount directed by the Court to be refunded.9. The Stamp Reporter shall prepare the requisite certificate under rules 8 and 9.10. The word “Registrar” in these rules will mean the “Registrar-in-Insolvency” in so far as proceedings under the Presidency Town Insolvency Act are concerned.
CHAPTER VII -Institution of Suit

CHAPTER VIII

Writ, Summons, Process

  1. Writs, etc., to issue in name of the President of India – Attestation of Chief Justice-signing – Date and Seal.– Every writ, summons, precept, rule, order, warrant, and other mandatory process shall run and be in the name of President of the Union of India, and shall have and bear the attestation of the Chief Justice or Acting Chief Justice, or in the event of a vacancy in the said office, of the senior Puisne Justice and shall be signed by the Registrar, Master or Deputy Registrar or in the case of a writ of summons, by one of the Assistant Registrars as the Registrar shall from time to time direct, the day and the year of signing being set down beneath his signature, and shall be sealed with the seal of the Court; but the seal shall Not be affixed to any injunction or warrant in the nature of a writ ofhabeas corpus, unless the same shall be countersigned by a Judge of the Court.2. Forms of Summons. – Unless otherwise ordered, the Writ of Summons to a defendant shall be in one of the Forms Nos. 2 and 3, and shall bear the dates of the days on which the plaint is presented and admitted.2A. Preparation of Writs of Summons. – Printed Forms of writs of summons may be obtained from the Registrar by any intending plaintiff or any Advocate acting on the Original Side of this Court at a charge of fifteen paise for each copy. The plaintiff or his Advocate acting on the Original Side shall, at the time of presenting a plaint, produce therewith a sufficient number of copies of such Forms to provide for one original writ of summons and two copies for service on each defendant. In each of such Forms shall have been copied at the proper paces left blank for the purpose – (1) the full title of the suit as appearing in the plaint and (2) the nature of the suit in the exact words of the concise statement. The remaining blanks shall be filled up in the Registrar’s office in the manner provided for in this Chapter. The plaintiff or his Advocate acting on the Original Side shall be responsible for the correctness of the portions caused to be copied by him. The Advocate acting on the Original Side fee for copying into the Form shall be six annas per folio.2B. Annexures to the Writ of Summons. – Each copy of the Writ of Summons in Form Nos. 2 & 3 for service on each defendant shall have annexed thereto a copy of the Plaint and of every document, sued on, a copy of which is filed therewith. The plaintiff or his Advocate acting on the Original Side shall be responsible for the correctness of such copy, or copies and the Advocate acting on the Original Side charges therefor shall be allowed in accordance with item 13, Rule 91 of Chapter XXXVI.3. Summons when returnable. – Unless otherwise ordered, every Writ of Summons shall be returnable to the office of the Registrar immediately after the service thereof, but Not later than –

(i) Within local limits. – Where the defendant resides and all the defendants reside within the local limits of the Ordinary Original Civil Jurisdiction of this Court, seven weeks from the date of the Writ;

(ii) Within West Bengal, etc. – Where the defendant resides or any of the defendants reside beyond such limits but within the State of West Bengal or Bihar or Orissa or Assam, nine weeks from the date of the Writ;

(iii) Elsewhere in Union of India. – Where the defendant resides or any of the defendants reside elsewhere in the Union of India, eleven weeks from the date of the Writ;

(iv) Outside Union of India. – Where the defendant resides or any of the defendants reside outside the Union of India, fifteen weeks from the date of the Writ.

3A. Unless otherwise ordered, every Writ of Summons shall be served as soon as practicable but Not later than three weeks before the returnable date thereof.4. Summons to require appearance and written statement to be entered and filed – Time for same. – Unless otherwise ordered, every writ of summons, other than a writ of summons in a summary suit, shall require every defendant to enter an appearance, and to file a written statement within such time, after the service of the writ, as the Registrar may fix, having regard to the residence of the defendant or defendants as given in the plaint.In commercial suits the writ of summons shall also require the defendant to file an affidavit of documents within 14 days of the filing of his written statement.5. Date of issue, to be Noted in the margin. – Every writ of summons shall show, in the margin, the date on which it was issued, the date of the filing of the plaint and whether leave under Clause 12 of the Letters Patent has been granted, and there shall be endorsed . thereon the address for service under rule 24 where the plaintiff sues in person, or the business address of the Advocate acting on the Original Side, where he sues by an Advocate acting on the Original Side; and where the writ has been amended, it shall also show in the margin the date of the order to amend.

Table

Number of days within which appearance to be entered after service of summons Number of days within which with in written statement to be filed after service of summons
(1) Where the defendant resides within the Municipal limits of the town of Calcutta. 10 21
(2) Where the defendant resides within the State of West Bengal. 12 28
(3) Where the defendant resides outsides the State of West Bengal but within the Union of India. 15 35
(4) Where the defendant resides outside the Union of India. 42 45
(5) Where the defendant is the Union of India or any State of Union of India other than the State of West Bengal. 35 19
(6) Where the defendant is the State of West Bengal. 12 28
  1. Summons to be delivered to the Sheriff within 14 days.– Except as hereinafter provided every writ of summons shall be taken out and delivered to the Sheriff, for service within the local limits of the jurisdiction of this Court, or for transmission for service elsewhere. A Writ of Summons shall have annexed thereto a copy of the plaint and of every document, sued on, a copy of which is filed therewith. Unless an extension of time is obtained, it shall be taken out and delivered to the Sheriff within 14 days from the filing of the plaint or the date of the order of amendment. Unless otherwise ordered, the writ of summons required to be served by registered post under the provision of Rule 19A of Order V of C.P.C. shall be served in all cases by the Sheriff of Calcutta.6A.When the Presiding Officer of a House of Parliament or of a State Legislature or the Chairman of a Committee thereof is a defendant, the plaintiff shall obtain directions by an ex parte application in Chambers whether the Writ of Summons should be substituted by a letter, so far as the said Presiding Officer or Chairman is concerned in terms of Rule 30 of Order 5 of the Code of Civil Procedure. The letter, which will be signed by the Registrar, must be lodged with the Sheriff within 14 days from the date of the order. Save as hereinbefore provided, all the provisions relating to writ of summons shall apply mutatis mutandis to letters to be sent under this rule.7. Sheriff Not to receive summons after time. – Unless otherwise ordered, No summons shall be received by the Sheriff for service or transmission, after the expiration of the days mentioned in rules 6 and 8.8. Fresh summons, upon further amendment. – Where, upon the further amendment of any summons to appear and answer, the Registrar or Master shall be of opinion that a fresh summons shall be prepared, and, upon payment of the usual fees, taken out, and, within 14 days from the date of the order; delivered to the Sheriff for service.9. Fresh summons, except under rule 8, to be applied for. – Except as provided by rule 8 a fresh writ of summons shall Not be issued without an order to obtained in Chambers.10. Fees for summons to be prepaid. Refund of excess fee by Sheriff. – No writ of summons shall be issued by the Registrar, unless the fees payable both for issuing and filing the same shall be provided; or shall be received by the Sheriff for service, unless the fee payable for a special return be deposited with him. Where an ordinary return is made to a summons, the amount of the difference between the fee payable for such return and the higher fee payable for a special return shall be paid back to the plaintiff or his Advocate acting on the Original Side.11. Deleted. – Published in the Calcutta Gazette dated July 28, 1977, Part 1, pages 1830-38.12. Concurrent summons. – The plaintiff in any suit may, at the time of the institution of the suit or at any time within 12 months thereafter, obtain, by requisition in writing to the Registrar and upon payment of the same fee as for an original writ of summons, the issue of one or more concurrent writ or writs – each concurrent writ to bearteste of the same day as the original, and be marked with the word “Concurrent”, and the date of issuing the concurrent writ; provided always that such concurrent writ or writs shall be only in force for the period during which the original in such suit shall be in force.13. Costs of application to receive summons after time. – The costs of an application for leave to the Sheriff to receive the writ after the expiry of the 14 days mentioned in rule 6 or 8, or of an application for extension of the returnable date, or for a fresh summons, shall Not be allowed as costs in the cause unless so ordered, on its being shown by affidavit, that-the plaintiff is Not in default, and in the case of a fresh writ, that proper endeavour has been made on the part of the plaintiff to serve the first of previous writ.

No fresh summons till return of first

Unless otherwise ordered, a fresh writ of summons shall Not be granted till the return of the first writ.14. Service of writs, etc., by Sheriff, Exception. – All writs for the attachment of property, or the arrest of any person, in any civil suit, within the local limits of the jurisdiction of this Court, all prohibitory orders, citations, Notices to respondents, and all other writs and judicial process issued by the Court for service or execution within the local limits aforesaid, except such as may by order XLIX, rule 1, of the Code or otherwise be served by the Advocates acting on the Original Side in the suits or by persons employed by them, shall be delivered to the Sheriff for service or execution, unless the Court or a Judge shall otherwise order:Provided that a party appearing in person may serve any such process as may be served by an Advocate acting on the Original Side:Provided also that in cases where the plaintiff’s Advocate acting on the Original Side has received a letter from the defendant’s Advocate acting on the Original Side expressing readiness to accept service, the plaintiff’s Advocate acting on the Original Side or some person employed by him may serve the writ of summons.14A. (1) The Solicitor to the State of West Bengal for the time being shall be recognised as an agent of the said State for the purpose of the service of such processes, writs of summons, Notices, summonses, order Nisi or other writs issued by this Court against the State of West Bengal as may be covered by the Power-of-Attorney, executed by the said State in favour of such Solicitor and filed by him in Court, and such processes, writs of summons, Notices, summonses, orders and writs as aforesaid, if served on him, shall be good service on the State of West Bengal.(2) A copy of the Power-of-Attorney referred to in the preceding rule shall be available for inspection at the office of the Registrar, Original Side, on payment of usual fees for search.14B. All Notices for scrutiny issued to the parties in any suit or proceeding pending in this Court or any defect Notices issued by the Registrar in connection with the drawing up of orders and decrees, shall be delivered to the Sheriff for service and shall be caused to be served by the Sheriff in the same manner as a Writ of Summons issued by the Court.

Appearance of Parties and Service of Process

  1. Entering appearance to a writ– A defendant shall enter his appearance to a writ of summons by filing with the proper officer in the office of the Registrar, on or before the day fixed for his appearance in the writ, a memorandum in writing dated on the day of its delivery and containing the name and place of business of the defendant’s Advocate acting on the Original Side or stating that the defendant defends in person and containing his name and place of residence. (Form Nos. 4 and 5).16. Default of appearance.– In default of an appearance being entered within the time mentioned in the writ of summons for such appearance, or as hereinafter provided, the suit, as to the defendant or defendants in default, will be liable to be heard ex parte.17. Appearance without leave. – An appearance shall be accepted, without leave, at any time before the suit has been set down in the Warning List of undefended suits.18. Notice of entering appearance. – The Advocate acting on the Original Side of a defendant, or a defendant appearing in person, shall forthwith give Notice of his having entered appearance to the plaintiff’s Advocate acting on the Original Side or, if the plaintiff sues .in person, to the plaintiff himself.19. Appearance with special leave – Costs. – An appearance shall Not be accepted after the suit has been set down in a Warning List without the special leave of a Judge to be obtained by summons in Chambers. The order granting leave to appear shall specify the time within which appearance is to be entered and written statement, if any, is to be filed. The defendant entering appearance shall, unless otherwise ordered, pay to the plaintiff the costs which may be thrown away by reason of the suit being removed from such Warning List, such costs to be taxed by the Taxing Officer of the Court. In the event of the plaintiff’s causing a suit to be removed from the Warning List or from the Peremptory List of undefended suits, appearance may be entered at any time before the suit again appears of the Warning List of undefended suits.20. Appearance for minors and persons of unsound mind. – An appearance for a minor, or a person of unsound mind shall be entered by his guardian for the suit.20A. Appearance under protest. – Where a person served as a partner under order 30 rule 3, of the Civil Procedure Code, has under rule 8 of that order entered appearance under protest denying that he is a partner, such appearance, as long as it stands, shall be treated as an appearance for the firm, but (A) the plaintiff may apply to set it aside on the ground that the person entering appearance was a partner or liable as such, or may leave that question to be determined at a later stage of the proceedings, or (B) the person entering appearance may apply to set aside the service on him on the ground that he was Not a partner or liable as such, or he may at the proper time deliver a defence denying either or both (1) his liability as a partner, (2) the liability of the defendant firm in respect of the plaintiff’s claim. An order may, on the application of either party at any time, be made that the questions as to the liability of the person served and the liability of the defendant firm may be tried in such manner and at such time or times as the Court or Judge may think fit.21. Proof of service of summons. – Unless the Court or a Judge shall otherwise order, the service of a writ of summons shall be proved by the production of a certificate of the Registrar, of appearance having been entered, or where No appearance has been entered, by evidence showing that the summons was served in the manner provided by the Code. Such proof shall ordinarily be by the affidavit of the serving officer, and (as to such matters as the serving officer canNot speak to of his own kNowledge) of the person who attended the serving officer for the purpose of identification at the time of service, or of such other person or persons as can speak to the identity of the person served, or to other matters necessary to be proved in respect of the service.22. Proof of service through another Court. – Where the writ of summons has been served through another Court, the service may be proved by the deposition or affidavit of the serving officer made before the Court through which the service was effected.23. Application for substituted service – Affidavit in support thereof. – Application for substituted service of a writ of summons shall be made by petition in Chambers. The application must be supported by an affidavit, or, in the case of service through another Court by the deposition or affidavit of the officer who attempted to make the service – where an attempt to serve has been made – and of such other person or persons as may have accompanied him for the purpose of pointing out the party to be served, stating when, where and how such service was attempted to be made.24. Service on party in person – Address for service. – Every party, Not appearing by Advocate acting on the Original Side shall enter his name and his place of abode particularly described, as also an address within the local limits of the Court to be called his address for service in a book to be kept by the Registrar, and unless otherwise ordered, all Notices and other judicial process required to be served on any such party, shall be deemed to have been duly served on him, if left at his address for service.24A. Service by registered post. – Service of any Notice, summons, order or other document (Not being the writ of summons issued under this Chapter) in respect of which personal service is Not requisite, upon a party who has Not entered appearance, or upon a person Not a party to a suit or matter, whose residence is within the jurisdiction of another Court in Union of India, and between which place and Calcutta there is communication by registered post, may, where so directed by a Judge or by the Registrar or Master, be effected by posting a true copy of the document required to be served in a prepaid registered envelope addressed to such party or person at the place where he is residing, provided that the time at which the document so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof.25. Service on Advocate acting on the Original Side. – Service of any Notice, summons, process or other document on the Advocate acting on the Original Side of any party, may be effected by delivering to the Advocate acting on the Original Side or leaving the same with a clerk in his employ at his place of business.26. Process. Mode of service. – Except where otherwise provided by Statute or prescribed by Rules of this Court, all Notices, summonses, orders or other documents required to be given to or served on any person, shall be served in the manner provided by the Code for the service of summons.27. Proof of service of Notices, etc. – Service of all Notices, orders, summonses and other judicial process shall be proved by affidavit stating when, where, how, upon whom and by whom such service was made.28. Personal service of writs, etc. – Where personal service of any writ, Notice, pleading, order, summons, warrant or other document, proceeding or written communication is required, the service shall be effected, as nearly as may be, in the manner prescribed for the personal service of a writ of summons.[28A. After the body of Notices/Summons/Warrants, the following inFormation be incorporated. – You are hereby inFormed that free legal services from the State Legal Services Authority, High Court Legal Services Committee, District Legal Services Authorities and Sub-Divisional Legal Services Committees, as per eligibility criteria, are available to you and in case you are eligible and desire to avail of the free legal services, you may contact any of the above Legal Services Authorities/Committees.]29. Forms. – The Forms to which reference is made in this Chapter are in Appendix B.
CHAPTER IX - Written Statement and Set-Off 

CHAPTER X

List of Suits, etc.

The General Scheme is as follows:1. One General Cause List. – One General Cause List shall be kept in the Registrar’s office, in which all suits shall be entered under one or other of the following heads:-

Heads of suits in such list

(1) Admiralty suits.(2) Extraordinary suits.(3) Small Cause Court transfer suits.(4) Matrimonial suits.(5) Testamentary suits.(6) Special suits, i.e., the suits mentioned in Clauses (b) and (e) of rule 2.(7) General suits, i.e., all other suits including commercial suits and suits for liquidated claims, the last two classes of suits being marked as such in the General Cause List.2. Time when suits shall be entered in the General Cause List. – The time, when suits shall be entered in the Registrar’s office in the General Cause List under the proper heading shall be as follows:-

(a) All suits instituted in the Court in its Admiralty Jurisdiction after return and filing of the writ of summons or of the warrant of arrest;

(b) Every special case under section 90 and order XXXVI of the Code, after return and filing of the Notice provided for in rule 3(2) of that order;

(c) All suits transferred to this Court under clause 13 of the Letters Patent, or sections 24 and 25 of the Code, or section 39 of the Presidency Small Cause Courts Act after they are numbered and registered as suits in this Court;

(d) All suits arising out of proceedings instituted in this Court in its Testamentary and Intestate Jurisdiction, after the filing of the order directing the proceedings to be treated as a contentious cause;

(e) All suits under Chapter XIII, after the return and filing of the originating summons;

(f) All other suits after the return and filing of the writ of summons.

  1. Time for marking a suit as liquidated claim.– A suit may be marked as a liquidated claim on the admission of the plaint, or thereafter on the requisition in writing of the Advocate acting on the Original Side for any party or of any party acting in person.4. Application that a suit Not admitted as a commercial suit may be so marked – Costs of such application.– Either parry may apply by summons to the Judge in Chambers taking commercial suits, that any suit Not admitted as a commercial suit may be so marked; provided that where such application is made by the plaintiff, in consequence of his omission to apply under Chapter XII, rule 2, when the plaint was presented for admission, he shall pay the costs of the application.5. Direction to treat liquidated claim or commercial suit as ordinary suit – Cost.– A suit, which has been admitted or marked as a liquidated claim or as a commercial suit, may be directed to be treated as an ordinary suit, by the order, of a Judge made upon the application of any party by summons in Chambers, or by the Court at the trial either on the application of a party or of the Court’s own motion, and upon such terms as to costs as the Judge or the Court shall think fit.6. Prospective lists. – There shall also be kept in the Registrar’s office three lists of defended suits ripe for hearing, to be called:-Prospective List A, for commercial causes.Prospective List B, for liquidated claims.Prospective List C, for other suits.7. Entering suit in Prospective Lists by requisition. – The Advocate acting on the Original Side for any party, or any party acting in person, may submit to the Registrar a requisition in writing, whereof he shall have given prior Notice to the opposite party or parties, to have a suit, other than a special suit, standing in the General List, entered in its proper Prospective List, on the ground that it is ready to be heard, and the Registrar, if satisfied that the suit is ready to be heard, shall enter it in its proper Prospective List, and the Advocate acting on the Original Side or party acting in person, by whom the requisition was submitted, shall forthwith give Notice to the opposite party or parties of such transfer when the suit is transferred to the Prospective List:

Proviso as to time

Provided that, where a written statement has been called for, No such requisition shall be made until, in the case of commercial suits or suits for liquidated claims, the expiry of one week, and in other suits six weeks, after the filing or the expiry of the time or extended time fixed or prescribed for the filing of the written statements of the defendants appearing.

Suit on entry to be placed at bottom of list

Where a suit is entered in any of the Prospective Lists, it shall, unless otherwise ordered by the Court or a Judge, be placed at the bottom of such list.8. Removal of suits from Prospective Lists by consent or order. – Except as provided in rules 16 and 17, a suit standing in any of the Prospective Lists may be removed therefrom, (a) upon requisition to the Registrar signed by all parties to the suit who have appeared, provided that the Registrar considers the requisition reasonable, or (b) by order to be obtained on application by summons in Chambers to the Registrar. The Registrar, in dealing with such application, may make such order as to costs or otherwise as he may think fit.9. Requisitions to be sent before 2 p.m. – No requisition under this Chapter will be received, unless sent in to the Registrar before 2 p.m.10. Publication of Prospective Lists. – The Prospective Lists or parts thereof shall be published every Saturday, or oftener when necessary.11. Removal of suits from Prospective Lists on account of death, stay, postponement, etc. – Where in any suit standing in any of the Prospective Lists a party dies, or where except as provided in rule 13, the suit is stayed or postponed or ordered Not to be taken before a certain date, the Registrar shall, on receipt by him of inFormation in writing to that effect, cause the suit to be removed from such list, and Notice thereof shall be given to the other parties by the party giving the inFormation.12. Suit removed from Prospective List Not to be replaced without further requisition. – When a suit has been removed from the Prospective Lists or the Warning List or the Peremptory List, the Advocate acting on the Original Side for the plaintiff or the plaintiff acting in person shall, unless otherwise ordered by the Court or a Judge, submit to the Registrar on the expiry of two months from the date of such removal, a requisition in writing for replacing the suit in the list from which it was removed, and on such requisition the suit shall immediately be replaced in such list.13. Suit fixed for hearing on a specified day – Its position in the Peremptory Defended List. – Where a day is specially fixed for the hearing of a suit, such suit shall be entered in the proper Prospective List, if Not already standing therein, and a Note shall be made in such list to the effect that the same will be taken on the day fixed, and such suit shall, unless otherwise specially ordered, be set down in the Peremptory List of defended suits for the day fixed for the hearing thereof, next after any part-heard suit or proceeding in such list.14. Marking suit as a short cause. – Any suit in any of the Prospective Lists may be marked as a short cause, and set down at the top of the Peremptory List of Defended Suits of “such” Court “as the Judge or Judges sitting on the Original Side shall by general or special order direct,” subject to any part-heard or specially fixed case, where the parties agree and Advocates on each side certify that the trial will Not, in their judgment, occupy more than an hour, or where a Judge so directs.15. Settled suits may be placed in the Peremptory Undefended List for order for taxation. – Where any suit standing in the General Cause List or in any of the Prospective Lists, is settled, and the parties require only an order for taxation of the costs, it may, on requisition to the Registrar, be set down in the Peremptory List of Undefended Suits with a Note against it, “Settled”.16. Postponement, by consent, of suits about to be placed in the Peremptory List. – Where it is desired to postpone a suit which is about to be set down in the Peremptory List of Defended Suits for hearing, application for postponement of the hearing may be made to the Registrar on requisition in writing signed by all the parties who have appeared. Such requisition shall be submitted to the Judge in “whose Warning List the suit has appeared, or to the Senior Judge sitting on the Original Side if the suit does Not so appear”, and such order shall be made thereon as to the Judge may seem fit.17. Postponement of such suits where consent canNot he obtained. – Where by reason of inability to obtain the consent of such parties, any party to a suit or matter, who canNot apply under rule 16, intends, on the same being called on, to apply for a postponement, Notice shall be given to the Registrar of such intention Not later than 4 p.m. on the day preceding that on which the suit or matter is likely to be set down in the Peremptory List of defended suits for hearing, and on that officer being satisfied that every endeavour has been made to obtain the consent of the other party or parties, he shall, when setting down such suit or matter in the Peremptory List of defended suits for hearing, add the remark “Application for postponement”: Provided that parties must be ready to proceed in the event of the postponement being refused.18. Postponement without Notice under rule only granted if good cause shown. – An application for the postponement of a suit or matter in the Peremptory List of defended suits for hearing, without such prior Notice as aforesaid, will Not be granted as a matter of course, though all parties consent, unless good and sufficient reasons be shown.19. Warning List. – A warning list of suits about to be transferred from the prospective list to the peremptory list of defended suits shall be prepared for each Court for every working day. A warning list of suits about to be transferred to the peremptory list of undefended suits shall also be prepared.20. Suits for the Peremptory Defended Lists shall be taken from the Prospective Lists. – From the Warning list shall be taken, in turn, suits required for the Peremptory List of defended suits for each of the Courts, and except as otherwise provided by these rules No suit or proceeding shall, unless otherwise ordered, be omitted from the Per-emptory List in which it ought to be placed.

No cause to be omitted from the Peremptory List

  1. Peremptory List of Defended suits for each court.– For each Court sitting in the exercise of Original Civil Jurisdiction a Peremptory List of Defended Suits shall be prepared for every working day and shall be supplied with the necessary number of defended suits from the Warning List.22. Number of cases to be entered in every Peremptory Defended List.– Unless otherwise ordered, every Peremptory List of Defended Suits shall contain for each day Not less than 12 and Not more than 20 cases.23. Three other Peremptory Lists besides Peremptory Defended List, for motion days. – Besides the Peremptory List of Defended Suits, three other Peremptory Lists, namely, the “Peremptory List of Undefended Suits,” the “Peremptory List of Motions” and the “Special Peremptory List,” shall be prepared as from time to time directed for the Court or Courts taking Motions.24. Setting down suits on the Peremptory Undefended List – Where and when to be set down. – (a) Where a sole defendant has, or all the defendants, being sui juris, have failed to enter appearance, or (b) where in cases under Order XXXVII of the Code, a sole defendant has or all the defendants being sui juris, have failed to obtain leave to defend, or (c) a direction under Chapter XII, rule 6 has been given, or (d) where an order has been made for the transfer of the suit to the Undefended List – the suit shall, unless otherwise ordered, be set down in the Peremptory List of Undefended Suits, in case (a) on the first available day after the expiry of the time for entering appearance, and in cases (b), (c) and (d) on the first available day as the case may be, after the date of the direction, or the filing of the order, and the expiry of the time or the Non-compliance with the terms of the order.25. Setting down suits for consent decree. – A suit may also be set down in the Peremptory List of Undefended Suits for a consent decree, on the fiat of a Judge or officer to the petition for consent decree.26. What suits Not to be set down on the Peremptory Undefended List. – No suit in which a sole defendant or any of two or more defendants is an infant, or person of unsound mind, shall be set down in the Peremptory List of Undefended Suits.27. Undefended suits may be kept out of the Peremptory Undefended List by requisition. – An undefended suit or proceeding Not in the Peremptory List of Undefended Suits, may be kept out of such list for any specified period, on the requisition, in writing of the plaintiff’s Advocate acting on the Original Side, or of the plaintiff, if acting in person, under the direction of the Registrar.28. Setting down rules and motions. – Subject to the provisions contained in Chapter XX all rules nisi and Notices of motions shall, unless otherwise ordered, be set down in the Peremptory List of motions of the Court before which they are returnable, on the day mentioned in such rule or Notice.29. Suits and matters which are to be placed in the Special Peremptory List, and time for same. – Except as otherwise provided by these rules, the following suits and matters shall be placed in the Special Peremptory Lists for the Court to which they are assigned, at the times hereunder mentioned :

(a) For settlement of issues, on the day to be fixed by the Court.

(b) Suit in which a case has been stated under paragraph 11 of the Second Schedule of the Code,* or section 90 and Order XXXVI of the Code, or which stand for judgment upon award, on the day fixed by the Notice issued in such cases.

(c) Suits which stand for confirmation or further consideration upon the report of an officer or other Referee, and testamentary and intestate matters for argument on caveat where grounds in support of caveat have been filed, on the requisition in writing of the Advocate acting on the Original Side for any party or any party acting in person, of which Notice in writing shall be given by the party applying to the other party or parties.

(d) Suits under Chapter XIII on the “day fixed under Rules 16(b) or 16(c) of that Chapter”.

(e) All other proceedings, applications and matters required to be set down in a list before the Court, and Not hereinbefore specially provided for, on the day fixed for taking the same.

  1. Commission to examine witnesses to operate as a stay.– Unless otherwise ordered, a commission to examine witnesses issued in a suit or proceeding shall, until the return or the expiration of the time for the return thereof, operate as a stay of such suit or proceeding.31. Suits stayed by injunction, etc., when to be set down in a Peremptory List.– No suit or proceeding, the hearing of which is stayed (a) by an injunction, or (b) until the perFormance of some act, or (c) by reason of a commission to examine witnesses having been issued, shall be set down in a Peremptory List of defended or undefended suits until after the dissolution of such injunction, or the perFormance of such act, or the return or expiration of the time for the return of such commission, unless in cases (a) or (b) otherwise ordered by a Judge, or in case (c) otherwise ordered by a Judge or consented to by the parties.32. Suits out of turn or adjourned suits to be placed at the bottom of Peremptory List. – A suit or proceeding ordered to be placed in a Peremptory List out of its turn, or any adjourned suit or proceeding, shall, unless otherwise ordered, be set down at the bottom of such Peremptory List.33. Transfer from one list to another. – The Court may, at all times for good cause, transfer a suit from one list to another.34. Setting down petitions in Company matters. – Petitions in Company matters, when set down for hearing in Court, shall, unless otherwise ordered, be set down at the head of the Peremptory List of defended suits of the Court taking commercial suits, subject only to part-heard suits, short causes, and any matters which the Judge may have directed to have precedence of them.35. Disposal of suits for want of prosecution. – Suits and proceedings which have Not appeared in the Prospective List or in the Warning List or Peremptory List within six months from the date of institution, may be placed before a Judge in Chambers, on Notice to the parties or their Advocates acting on the Original Side, to be dismissed for default, unless good cause is shown to the contrary, or be otherwise dealt with as the Judge may think proper.35A. Suits and proceedings which have been removed from the Prospective List or the Warning List, or from any Peremptory List and which have Not re-appeared in any of the said lists on the expiry of three months from the date of such removal or if removed by an order of the Court or the Judge on the expiry of the period specified by the Court or the Judge while directing the removal thereof from any of the said lists, may be placed before a Judge in Chambers on Notice to the parties or their Advocates acting on the Original Side, to be dismissed for default, unless good cause is shown to the contrary, or be otherwise dealt with as the Judge may think proper.35B. The Advocate acting on the Original Side for any of the defendants or any defendant acting in person may submit a requisition in writing to the Registrar to have a suit or proceeding placed on the Special List when the same is liable to be dealt with under rule 35 or 35A of this Chapter.36. Two lists of appeals. – There shall also be kept in the Registrar’s office two lists of appeals, one headed “List of Appeals to the High Court,” the other headed “List of Appeals to the Supreme Court”.37. List of appeals to the High Court; what is to be entered there. – Every appeal from the Original Side of the Court, and every reference from the Calcutta Court of Small Causes shall be entered in the list of appeals to the High Court.38. Appeals next to be transferred to the Peremptory List. – A list of appeals about to be transferred to the Peremptory List, shall be included in the Warning List under the heading “Appeals next to be transferred to the Peremptory List”, in which shall be entered first, appeals from the Original Side in which paper books have been filed or in which the time for filing the paper books has expired, or in which any restriction to the hearing thereof has been removed, and next, references from the Calcutta Court of Small Causes in which the usual Notice has been given to, or waived by the parties; and in such warning list appeals from interlocutory orders shall be shown under a separate heading and appeals in which paper books have Not been filed shall be marked (a).39. Peremptory List of Appeals. – A Peremptory List of appeals shall be prepared for each day of the sittings of the Appellate Court in which shall be entered from the Warning List in turn, unless otherwise directed, first, appeals from interlocutory orders, and next, other appeals and references from the Calcutta Court of Small Causes, the appeals in which paper books have Not been filed being marked (a); the number of appeals so to be entered in the day’s Peremptory List shall be such as the Appellate Court shall from time to time direct.40. List of appeal to the Supreme Court what is to be entered there and when, Progress to be Noted in such list. – Every appeal to the Supreme Court from a decision of the High Court in respect of a case on its Original Side shall, on the admission thereof, be entered in the list of appeals to the Supreme Court. In such list shall be Noted each stage of progress towards and up, to transmission of the record to Delhi, as also the date on which the case is finally disposed of.41. This Chapter when inapplicable to Admiralty suits. – The rules in this Chapter shall Not apply to Admiralty suits in rem, in so far as they are inconsistent with the rules relating to such suits.

CHAPTER XI

Discovery : Inspection : Interrogatories

Interrogatories

  1. Application for interrogatories. Copy of proposed interrogatories to be served. Proviso.– An application for leave to deliver interrogatories under O. XI of the Code shall be made in Chambers, on summons to all parties sought to be interrogated. One copy of each set of the proposed interrogatories shall be served with the summons :Provided that No such application shall ordinarily be made by a defendant, until after he has filed his written statement.2. Copy of interrogatories allowed to be annexed and served with order.– After an order has been made giving liberty to deliver interrogatories, one set of the interrogatories, as allowed, shall be annexed and served with the order upon each party interrogated.

Disobedience to the Order

  1. Service on Advocate acting on the Original Side sufficient to found application for attachment – But party may show No kNowledge.– Service of an order for interrogatories or discovery’ of inspection made against any party, on his Advocate acting on the Original Side, shall be sufficient service to found an application for an attachment for disobedience to the order. But the party against whom application for an attachment is made may show, in answer to the application, that he has had No Notice or kNowledge of the order.

Notice to Client

  1. Liability of Advocate acting on the Original Side neglecting to Notify service of order.– An Advocate acting on the Original Side, upon whom, an order against any party for interrogatories or discovery or inspection is served under the last preceding rule, who neglects without reasonable excuse to give Notice thereof to his client, shall be liable to pay the costs occasioned by his neglect, or such part thereof as the Court, Judge, or Officer may think fit.

Affidavits

  1. Affidavit by person other than party.– The Court, Judge, or Officer may, for sufficient reason, allow any affidavit to be made, on behalf of the party from whom discovery, production, or inspection is sought, by any person competent to make the same.

Deposit and Delivery out of Documents

  1. Copy of order and schedule at time of deposit of documents.– Where any documents are ordered to be deposited in Court, a copy of the order and a schedule of the documents must be left at the time the deposit is made.7. Return of documents deposited in Court.– When the purpose for which such documents have been deposited in Court is satisfied, the party by whom they were deposited may, pending the suit, have them delivered out to him, but for that purpose he must obtain an order on summons, or the consent in writing of the other party.

Several Defendants

7A. Plaintiff to give Notice of order for discovery. – Where one of the defendants, or one set of defendants, obtains an order for discovery as against the plaintiff, the latter, or his Advocate acting on the Original Side, if he appears by Advocate acting on the Original Side shall forthwith give Notice by letter to the other appearing defendants. In default of his so doing, the plaintiff, unless otherwise specially ordered, shall pay the costs of any application by any of such other defendants for discovery as against him.8. Forms. – The Forms to be followed under this Chapter are those in Appendix C.

CHAPTER XII

Commercial Suits, Summary Suits, Suit by Indigent Persons

  1. What are commercial suits.– Commercial suits include suits arising out of the ordinary transactions of merchants, bankers and traders : amongst others, those relating to the construction of mercantile documents, export or import of merchandise, affreightment, carriage of goods by land, insurance, banking and mercantile agency, and mercantile usages, and debts arising out of such transactions.2. Plaints in such suits to be marked “Commercial”.– Where a plaintiff, at the presentation of the plaint, applies that his suit may be dealt with as a commercial suit, the Judge, Registrar or Master, to whom the plaint is presented for admission, may, where satisfied that the suit is a commercial suit, cause the plaint to be marked with the words “Commercial Suit” in addition to the usual endorsement.2A. Chamber applications to be to Commercial Judge. – All applications in Chambers in Commercial suits other than those which can be dealt with by the Registrar or Master, shall be made to the Judge for the time being dealing with the Commercial List.2B. Directions if W.S., Not filed within 21 days. – All Commercial suits in which any defendant has Not filed his Written Statement within 21 days of his entering appearance, shall be listed and set down for directions in Chambers. Two days’ Notice of such setting down shall be given by the Registrar to the parties appearing.2C. Affidavit of docts, in 14 days of filing W.S. – In all Commercial suits affidavits of documents shall be filed by all the parties within 14 days from the filing of their respective Written Statements, and in the case of the plaintiff, from the filing of the first Written Statement.2D. Set down for directions if Not in Prospective List. – On the expiry of 2 months from the filing of the last Written Statement, each Commercial suit, unless it has been entered in the Prospective List, shall be set down on a list in Chambers for directions. Two days’ Notice of such setting down shall be given by the Registrar to the parties appearing.2E. Saving of right to apply otherwise. – Nothing in Rules 2A to 2D, inclusive, shall be construed to prevent any party making any application which he is otherwise entitled to make.3. Decision of Commercial Judge may by consent be final. – The parties may, where they so desire, agree in writing to be signed by them or their Advocates acting on the Original Side, that the judgment or decision of the Commercial Judge shall be final.4. Setting down of commercial suits. – Commercial suits shall, so far as possible, be set down for hearing before the Judge appointed from time to time by the Chief Justice for that purpose, and shall be heard in priority to all other suits appearing in the Peremptory List of suits on that day, except part-heard suits and other commercial suits on the same list, the hearing of which has been fixed for a prior date.

Summary Suits

Leave to Defend

  1. Provisions of the Code of Civil Procedure and the procedure laid down therein relating to summary suits under Order 37 will apply.6.Deleted. – Published in the Calcutta Gazette dated July 28, 1977, Part I, part 1830.

Suits by indigent persons

  1. Leave to proceed by a plaintiff as an indigent person.– The power of the Court to allow a suit to be instituted inForma pauperis includes the power to allow a suit to be proceeded with as suit by indigent persons, after it has been commenced in the ordinary Form.8. Leave to defend or proceed by a defendant as an indigent person. – Any person may be allowed to defend or to proceed as an indigent person with his defence commenced in the ordinary Form, on the terms and conditions contained in Order XXXIII of the Code and under these rules mutatis mutandis.9. Advocate or Advocate acting on the Original Side may be assigned to indigent person. – Where a person is allowed to sue, defend or proceed as an indigent person, the Court or a Judge, or the Registrar or Master, may, where necessary, assign an Advocate or Advocate acting on the Original Side or both, to assist him, and an Advocate or Advocate acting on the Original Side so assigned shall Not be at liberty to refuse his assistance, unless he satisfies the Court or Judge or the Registrar or Master that he has good reason for refusing.10. Application by indigent person for leave to be by petition. – An application for permission. to sue, defend or proceed as an indigent person shall be made on petition, setting out, concisely in separate paragraphs, the facts and the relief prayed; such petition shall be presented to the Registrar or Master in Chambers, who shall on satisfying himself that the provisions of 0. XXXIII of the Code have been complied with, and Not otherwise, direct that the petition be filed and set down for investigation of pauperism on a day to be fixed for the purpose.11. Notice for investigation. – On such petition being filed in the Registrar’s office, a Notice for investigation of pauperism returnable before the Registrar or Master shall be issued.12. Direction for payment of Court-fees in every decree. – Every decree in a suit by indigent person shall contain an order for payment of Court-fees mentioned in order XXXIII, rules 10 and 11, of the Code.13. Memorandum of Court-fees to be sent to Government Solicitor. – In every suit in which an indigent person is concerned, the Registrar shall, after the disposal thereof, send to the Solicitor to the Government a memorandum of the Court-fees due and payable by such indigent person.14. Duty of Advocate acting on the Original Side in pauper matters. – It shall be the duty of the Advocate acting on the Original Side (if any), who may be assigned to a person allowed to sue, defend or proceed as an indigent person, to take care that No Notice is served, summons issued or petitions presented without good cause.15. No fee or reward payable. – Whilst a person sues, defends or proceeds as an indigent person, No person shall take, or agree to take, or seek to obtain from him any fee, profit or reward, for the conduct of his business in the Court, and any person who takes, or agrees to take, of seeks to obtain, any such fee, profit or reward shall be guilty of a contempt of Court:

Power of Court as to costs

Provided that, Notwithstanding anything herein contained, the Court or a Judge shall have power to award costs against the adverse party, or out of the property recovered in the suit, and to direct the payment thereof to the Advocate acting on the Original Side representing the indigent person.16. No compromise without leave of Court. – No suit or proceeding commenced or carried on by an indigent person plaintiff or defendant shall be compromised or discontinued on any account whatever, without leave first had and obtained from the judge in Chambers or the Court.17. Rules applicable to proceedings other than suits. – Rules 7 to 16, shall, mutatis mutandis, apply to proceedings in this Court other than suits.

CHAPTER XIII

Originating Summons

  1. Who may take out originating summons and in respect of what matters.– The executors or administrators of a deceased person, or any of them, and the trustees under any instrument or any of them, and any person claiming to be interested in the relief sought as creditor, legatee, heir, or legal representative, or as beneficiary under the trusts of any instrument, or as claiming by transfer, or otherwise, under any such creditor or other person as aforesaid or the surety of an executor or administrator may take out, as of course, an originating summons, returnable before the Judge sitting in Chambers, for such relief of the nature or kind following, as may by the summons be specified, and the circumstances of the case may require (that is to say), the determination without an administration of the estate or trust of any of the following questions or matters :

(a) any question affecting the rights or interest of the person claiming to be creditor, legatee, heir, or legal representative, or beneficiary;

(b) the ascertainment of any class of creditors, legatees, legal representatives or others;

(c) the furnishing of any particular accounts by the executors, administrators, or trustees, and the vouching (where necessary) of such accounts;

(d) the payment into Court of any moneys in the hands of the executors, administrators or trustees;

(e) directing the executors, administrators or trustees to file any account and vouch the same or to do, or abstain from doing, any particular act in their character as such executors, administrators or trustees;

(f) the approval of any sale, purchase, compromise or other transaction;

(g) the determination of any question arising in the administration of the estate or trust.

  1. Order for administration of estate or of the trust.– Any of the persons named in the last preceding rule may, in like manner, apply for and obtain an order for-

(a) the administration of the estate of the deceased;

(b) the administration of the trust;

(c) discharge of executor, administrator or surety and refund of security deposit, if any.

  1. Persons to be served with summons.– The persons to be served with the summons under the last two preceding rules in the first instance shall be the following (that is to say):-

(A) Where the summons is taken out by an executor or administrator or trustee-

(a) for the determination of any question under sub-sections (a), (e), (f) or (g) of rule 1, the person, or one of the persons, whose rights or interests are sought to be affected;

(b) for the determination of any question under sub-section (b) of rule 1, any member or alleged member of the class;

(c) for the determination of any question under sub-section (c) of rule 1, any person interested in taking such accounts;

(d) for the determination of any question under sub-section (d) of rule 1, any person interested in such money;

(e) for relief under sub-section (a) of rule 2, the residuary legatees or heirs or legal representative or some Of them;

(f) for relief under sub-section (b) of rule 2, the beneficiaries or some of them;

(g) where there are more than one executor or administrator or trustee and they do Not all concur in taking out the summons, those who do Not concur.

(B) Where the summons is taken out by any person other than the executors, administrators or trustees, the said executors, administrators or trustees.

  1. Vendor or purchaser may take out summons.– A vendor or purchaser of immoveable property or their representatives respectively may, at any time or times, and from time to time, take out an originating summons returnable before the Judge in Chambers, for the determination of any question which may arise in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of or connected with the contract (Not being a question affecting the existence or validity of the contract).5. Persons to be served with such summons.– The summons, under the last preceding rule, shall be served upon such persons, as under the existing practice would be the proper defendants to a suit for the specific perFormance of the contract, out of which the question to be settled arises.6. Mortgagee or mortgagor may take out such summons. – Any mortgagee or mortgagor, or any person entitled to or having property subject to a charge, or any person having the right to foreclose or redeem any mortgage, may take out, as of course, an originating summons, returnable before the Judge in Chambers, for such relief of the nature or kind following as may by the summons be specified, and as the circumstances of the case, may require, that is to say, sale, foreclosure, delivery of possession by, or recovery of any deficiency from the mortgagor, redemption re-conveyance, delivery of possession by the mortgagee.7. Persons to be served with such summons. – The summons shall be served upon such persons as under the Code would be the proper defendants to any suit for the like relief as that specified by the summons.8. When may a partner take out such summons. – Where the existence of the partnership or the right to or the fact of the dissolution thereof is Not in dispute, any partner in a firm or his representatives may take out an originating summons returnable before the Judge in Chambers against his partners, or Former partners or their representatives (if any), for the purpose of having the partnership dissolved (where it is still subsisting) and for the purpose of taking the accounts of, and winding up, such partnership.9. Persons interested under will, etc., may take out such summons. – Any person claiming to be interested under a will, or other written instrument, may apply in Chambers by originating summons, for the determination of any question of construction arising under the instrument, and for a declaration of the rights of the person interested.10. Court Not bound to determine question of construction. – The Court or Judge shall Not be bound to determine any such question of construction, where in their or his opinion it ought Not to be determined on originating summons.11. Persons to be served with such summons. – The summons under either of the rules 8 or 9 shall be served upon the persons who would be proper defendants under the existing practice if the same relief were sought in a suit.12. Service on other persons by direction. – The Judge may, in all cases, direct such other persons to be served with an originating summons as he may think fit.13. Affidavit and warrant alone to be filed. – An originating summons shall be in Form No. 1 and shall specify the relief sought. The person entitled to apply shall present with it to the Registrar or Master an affidavit setting forth concisely the facts upon which the relief sought by the summons is founded and the Registrar or Master . where satisfied that the summons and affidavit are in compliance with this Chapter shall sign the summons and cause it to be sealed. No original document, save with the permission of the Registrar or Master, shall be annexed to the affidavit, but copies of documents sued upon (if any) and the Vakalatnama shall be annexed to the same.14. O.S. affidavit how to be marked. – The affidavit where accepted shall be filed and numbered as an ordinary suit, and entered in the register of suits, but after the serial number the letters “O.S.” shall be placed to distinguish it from plaints in ordinary suits.15. Service of O.S. – The summons, together with a copy of the affidavit, shall be served by the Advocate acting on the Original Side taking out the same; and the summons after service shall be filed in the proceedings together with an affidavit of service.16. Returnable date of O.S. – Originating summons shall, in ordinary cases, be made returnable in eight days after service, but the Judge before whom the summons is returnable may fix such longer period as to him may seem proper. No written statement or affidavit shall, in the first instance, be made in answer to the affidavit.16A. Entry of appearance. – A party served with an originating summons shall, before he is heard, enter appearance by filing with the proper officer in the office of the Registrar on or before the day fixed for his appearance in the summons a memorandum in writing, dated the day of its delivery and containing the name and place of business of the party’s Advocate acting on the Original Side or stating that the party defends in person, and containing his name and place of residence as also his address for service, which shall be entered in the book kept for this purpose.16B. Day for attendance. – Where an appearance has been entered by any party to an originating summons the day and hour for attendance thereunder shall be ascertained from the Judge through his officer and Notice thereof (Form No.2) shall be given to the party or parties appearing : such Notice, unless the Judge shall otherwise direct, to be served Not less than four clear days before the returnable date.16C. Appointment where No appearance. – Where No appearance has been entered to an originating summons within the time limited thereby, the plaintiff may apply to the Judge for an appointment for the hearing of such summons, and upon a certificate of the Registrar that No appearance has been entered, the Judge shall appoint a time for the hearing of such summons upon such conditions (if any) as he shall think fit.17. When O.S. may be supported by evidence. – On the hearing of the summons, where the parties thereto do Not agree to the correctness of the facts set forth in the affidavit, the Judge may order the summons to be supported by such evidence as he may think necessary; and may give such directions as he may think just for the trial of any questions arising there out. The Judge may make such amendment in the affidavit and summons as may seem to him to be necessary to make them accord with the existing state of facts, so as properly to raise the questions in issue between the parties.18. What may be done on hearing originating summons. – The Judge hearing an originating summons may, where he thinks fit, adjourn the same into Court for hearing an argument, and where it appears to him that the matters in respect of which relief is sought canNot be disposed of in a summary manner, may refuse to pass any order on the summons, may dismiss the same and refer the parties to a suit in the ordinary course ; and in such case may make such order as to costs already incurred as may seem to him to be just.19. When costs of originating summons may be allowed as in a defended suit. – Where an originating summons is adjourned into Court, the Judge may, where he thinks the question to be determined is of sufficient importance, order the costs to be taxed on the same scale as in a defended suit.20. Order made on originating summons to be drawn up as decree of Court. – Where the Judge is of opinion that the matter is fit to be dealt with on an originating summons, he may proNounce such judgment as the nature of the case shall require, and any order made by him shall be drawn up by the Registrar as a decree of the Court; provided that where the Judge dismisses the summons under rule 18, it shall be sufficient for him to sign an order to that effect, which shall be filed in the proceedings.21. Directions as to carriage or execution of decree. – The Judge may give any special directions touching the carriage or execution of such decree, or the service thereof upon persons Not parties, as he may think fit.22. Subsequent summons about same estate. – Where any summons under rules 1 and 2 has been taken out every subsequent summons relating to the same estate or trust shall, so far as possible, be heard by the Judge who heard the original summons.23. Order II, rule 2 of the Code, Not to apply to affidavits filed in support of originating summons. – Nothing in Order II, rule 2 of the Code shall apply to affidavits filed to support an originating summons, or to any proceedings thereunder.24. Forms. – The Forms to which reference is made in this Chapter are in Appendix D.

CHAPTER XIIIA

Summary Procedure in Suits to recover Debts or Liquidated Demands or for Immoveable Property

  1. Nature of cases in which applicable.– The provisions of this Chapter shall Not be applicable save to suits,-

(A) in which the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant with or without interest arising

(i) on a contract express or implied ; or

(ii) on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty ; or

(iii) on a guarantee where the claim against the principal is in respect of a debt or a liquidated demand only ; or

(iv) on a trust; or

(B) for the recovery of immoveable property with or without a claim for rent or mesne profits by a landlord against a tenant whose term has expired or has been duly determined by Notice to quit or has become liable to forfeiture for Non-payment of rent or against persons claiming under such tenant.

  1. Bearing of 0. 37 of C.P.C.– A plaintiff shall Not be precluded from proceeding under this Chapter by reason of the fact that the suit might have been brought under the provisions of Order 37 of the Code of Civil Procedure, but this Chapter shall Not be applicable to suits which have been instituted under the said order.3. When application to be made.– Where the defendant in any suit which is within the terms of Rule 1 has entered appearance the plaintiff may, as regards any claim which is.within the terms of Rule 1, on affidavit made by himself or by any other person who can swear positively to the facts verifying the cause of action and the amount claimed, if any, and stating that in his belief there is No defence to the claim, apply to the Judge for final judgment for the amount claimed together with interest, if any, or for the recovery of the land (with or without rent or mesne profits) as the case may be and costs:Provided that as against any defendant who has filed a written statement such application shall Not be permissible unless the summons is taken out as in Rule 4 mentioned within ten days after receipt of Notice of the entering of appearance under Chapter VIII, Rule 18.4. Application by summons. – The application by the plaintiff for judgment under Rule 3 shall be made by summons returnable Not less than seven clear days after service accompanied by a copy of the plaint and affidavit.5. Defendant may show cause. – (a) The defendant may show cause against such application by affidavit.

(b) Affidavit.-The affidavit shall state whether the defence alleged goes to the whole or to part only and (if so) to what part of the plaintiff’s claim and shall deal specifically with all matters of fact.

(c) Explanation. – The Judge may, if he thinks fit, order the defendant or in the case of a Corporation any Officer thereof to attend and be examined upon oath or to produce any lease, deed-book or document or copy of or extract therefrom.

  1. Judgment unless good defence.– Upon such application the Judge may, unless the defendant by affidavit or otherwise as the Judge may direct shall satisfy him he has a good defence to the claim on its merits or disclose such facts as may be deemed sufficient to entitle him to defend, make an order refusing leave to defend and forthwith proNounce judgment, in favour of the plaintiff.7. Where one defendant has good defence but other Not.– If it appears to the Judge that any defendant has a good defence to or ought to be permitted to defend the claim and that any other defendant has Not such defence and ought Not to be permitted to defend, the Former may be permitted to defend and the plaintiff shall be entitled to judgment against the latter; and may issue execution upon a decree to be drawn up pursuant to such judgment without prejudice to his right to proceed with his claim against the Former.8. Judgment for part of claim. – If it appears that the defence set up by the defendant applies only to a part of the plaintiff’s claim or that any part of his claim is admitted, the plaintiff may have judgment forthwith for such part of his claim as the defence does Not apply to or is admitted, subject to such terms, if any, as to suspending execution or payment into Court or costs or otherwise as the Judge may think fit; and the defendant may be allowed to defend as to the residue of the plaintiff’s claim.9. Leave to defend. – Leave to defend may be given unconditionally or subject to such terms as to giving security, or time, or mode of trial or otherwise as the Judge may think fit.10. Directions for further conduct. – In all cases the Judge shall have power to give directions as to the further conduct of the suit.11. Costs. – The costs of and incidental to all applications made under this Chapter shall be dealt with by the Judge on the hearing of the application, who shall order by and to whom and when the same shall be paid or may reserve them to the Court at the trial:Provided that in the latter case if No trial afterwards takes place or No order as to costs is made, the costs are to be costs in the cause.12. Summary disposal or reference. – Upon the hearing of an application under this Chapter the suit may, with the consent of the parties, be finally disposed of in a summary manner without right of appeal or referred to such officer and upon such terms as the Judge shall approve.13. Rights of relief in respect of forfeiture. – For the purposes of procedure under this Chapter any right to relief against forfeiture shall be deemed to be matter of defence and upon the hearing of the application for judgment under Rule 3 the Judge may, if he thinks fit, determine whether and upon what terms such relief shall be granted.A judgment for recovery of land given under this Chapter on the ground of forfeiture for Non-payment of rent shall have the same effect upon any right to such relief as if the judgment had been given after trial.14. Special cause list. – A special list shall be kept for the trial of causes in which leave to defend has been given under this Chapter, and in which the Judge is of opinion that a prolonged trial will Not be requisite; and the Judge may at any time, if he thinks it advisable, order any such suit to be put into such list. All suits on such list shall be treated as Short Causes.15. One counsel. – Unless the Judge otherwise directs the costs of one Advocate will, on taxation between party and party or as between Advocate acting on the Original Side and client, be allowed to the plaintiff and to each set of defendants having divergent interests.

CHAPTER XIV

Proceedings at the Hearing of Suits

Record of Evidence

  1. Evidence how taken.– Upon the hearing of any suit or matter in Court or before a Judge the evidence of each witness shall be taken down by or in the presence and under the superintendence of the Judge or one of the Judges.Such evidence shall be taken down ordinarily in a narrative Form when in longhand, and in the Form of question answer when in shorthand, by such officers of the Court as may be appointed for the purpose, and shall Form part of the record.The transcript of the shorthand Note so taken shall be signed by the officer recording the Note and be deemed the deposition of the witness and shall also Form part of the record.1A. Furnishing of typed copy.– A party to a suit or matter in which the evidence has been taken down in shorthand shall be entitled, to be furnished with a typed copy of the transcript by 10-30 A.M., on the day following the day on which the evidence is taken, provided that ordinarily Notice has been given at the commencement of the hearing that the copy will be required. For such copy or copies, the fees prescribed in item 54, rule 74 of Chapter XXXVI, should be payable.

Production and Filing of Documents

List of Exhibits

  1. Endorsement under order XIII, rule 4 of the Code.– The endorsement prescribed by order XIII, rule 4 of the Code shall be signed by the clerk in attendance instead of by the Judge.

Rules for the Prevention of Defacement of Court Records on the Original Side

2A. Subject to Order 13 of the Civil Procedure Code and any other law or Rule for the time being in force, a document, when tendered in evidence or produced in this Court, shall Not be so endorsed or marked with the seal or any exhibit mark, as to make any part thereof illegible. Such endorsement, seal or exhibit mark shall always be made on such part or parts of the document as do Not contain any writing and preferably on the side, top or bottom margin or cover page, if any, of the document:Provided that, if in any exceptional case, No such part or parts of the document are available for placing the endorsement, seal or mark, then the same shall be placed on a separate slip of paper and then such slip shall be attached to the document.2B. Subject to the provisions of Order 13 of the Civil Procedure Code and any other law or Rule for the time being in force:

(a) No document shall be produced from the custody of this Court before any other Court, except on the condition that such document shall Not be so endorsed, marked with seal, or any exhibit mark by such other Court, as will make such document or any part thereof illegible by reason of such endorsement, seal or mark and that such endorsement or seal or mark shall be put only on such part or parts of the document as do Not contain any writing and shall preferably be made on the side or top or bottom margin of the document or cover page, if any, provided that if in any exceptional case No such part or parts of the document are available for such endorsement, seal or mark, then the same shall be placed on a separate slip of paper and then such slip shall be attached to the document.

(b) When transmitting any such document to another Court, the attention of that Court shall be drawn to Rule 2B(a) as above.

(c) Rule 2B will also apply as between different Courts on the Original and Appellate Sides of this High Court.

2C. (a) Where a document, tendered in Court, is in the opinion of the Court or a Judge, of a special historical or antiquarian interest, the Court or Judge may order that the document be declared as such.

(b) Upon such declaration being made :

(1) No endorsement, mark, seal or effacement shall be affixed or made thereto or No kind of writing shall be made thereon, save that a slip shall be attached to the document indicating that the document has been declared as having a special historical or antiquarian interest.

(ii) The party producing and tendering it may be ordered to file a true copy thereof which shall be marked, sealed or endorsed as if it was the original.

(iii) In such an event, the original document shall be kept in deposit with the Registrar of the Original Side of this Court with liberty to the parties to inspect the same.

(iv) Any party to a suit or proceeding may apply to the Court, at any stage, that a document already on the record or about to be tendered, be declared as a document of a special historical or antiquarian interest for the purpose of these Rules.

(v) The Court may also make such order suo motu. The declaration by a Court or a Judge under sub-rule (a) shall be final. .

(vi) The Court or a Judge, in case of a document of special historical or antiquarian interest, may order that instead of a true copy of such document, a photostatic copy thereof may be kept on the record.

Suit Heard Ex Parte

  1. Where heardex partedefendant may, in person, cross-examine and address the Court. – Where a suit is heard ex parte against any defendant, such defendant may be allowed to cross-examine, in person, the plaintiff’s witnesses, and to address the Court; but unless the Court otherwise specially orders, evidence will Not be received on his behalf, Nor will he be allowed the assistance of an Advocate or Advocate acting on the Original Side.

Application for Administration

  1. Powers of Court upon application for administration or execution of trusts.– Upon an application for administration or execution of trust by a creditor, or beneficiary, under a will, intestacy, or instrument or trust where No accounts or insufficient accounts have been rendered the Court or a Judge may, in addition to the powers already existing –

(a) order that, the application shall stand over for a certain time, and that the executors, administrators, or trustees, in the meantime, shall render the plaintiff or applicant a proper statement of their accounts, with an intimation that if this is Not done, they may be ordered to pay the costs of the proceedings;

(b) and, where necessary, to prevent proceedings by other creditors, or by persons beneficially interested, make the usual order for administration, with a proviso that No proceedings are to be taken under such judgment or order without the leave of a Judge.

Receiver of Property Charged with Maintenance Allowance

  1. Receiver under a decree for maintenance charge on property.– In a decree for maintenance out of property charged with payment of the allowance, the Court may appoint (subject to such conditions, if any, as it shall think fit) a Receiver thereunder, with directions, in case of default in payment of the maintenance, to take possession of the property and sell the same, and out of the sale proceeds to pay the allowance for maintenance.

Trial of Preliminary Issues

Settlement of Issues

  1. Day for settling issues, when to be appointed.– Where after a written statement has been filed by a defendant, it appears that the only questions are questions Not of fact but of law, or that it is desirable that any question of law should be decided before the issues of fact, or that any of the issues of fact should be tried before the others or where it is shown that the settlement of issues would simplify the trial, or expedite the termination, or materially diminish the costs of the suit, the Court may, upon the application of either party, appoint a day for settling the issues, and may for that purpose, where necessary, postpone the day of hearing for final disposal of the suit.7. Copy of issues settled be submitted to Court and upon approval be recorded.– Where issues are so settled, a copy of the issues as Noted in the Court minute book shall be prepared, and submitted to the Court by the principal officer in attendance, and the same, upon being approved, may be filed.8. No Formal decree or order to be drawn up. – No Formal decree or order shall be drawn up on the settlement of issues.

Hearing Exceeding Five Hours

  1. Hearing occupying more than five hours.– The Officer in attendance at the hearing of any proceeding, which may occupy more than five hours, shall make a Note of the time occupied (excluding the period of the midday adjournment), on each day upon which the same is heard, for communication to the Taxing Master.

CHAPTER XV

Affidavits

  1. Title of affidavits – Costs of prolixity. Full title in affidavits of service.– Every affidavit shall be intituled in the suit or matter in which it is sworn, but in every case in which there are more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant, respectively, and that there are other plaintiffs or defendants as the case may be; and the costs occasioned by any unnecessary prolixity in any such title shall be disallowed by the Taxing Officer; provided, however, that all affidavits proving the service of any process or Notice shall set forth the full title of the suit or matter.2. Affidavits how to be drawn up, etc.– Costs where rule departed from. – Every affidavit shall be drawn up in the first person, and 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. Every affidavit shall be written or printed book-wise. No costs shall be allowed for any affidavit or part of an affidavit substantially departing from this rule.3. Description and place of abode to be stated. – Every affidavit shall state the description and true place of abode of the deponent.Where the deponent has an occupation (i.e., profession, trade, business or calling) that occupation should be disclosed; and if he has None, the words “of No occupation” should be added after his address.4. Interpreting and explaining affidavits by Court Interpreting Officer. By other competent person. – All affidavits to be made in Calcutta or within 5 miles thereof, which require to be interpreted and explained to the deponent, shall be interpreted and explained by one of the sworn Interpreting Officers (Court) or Translators, of the Court, prior to being sworn. In the event of the deponent Not Knowing any of the languages kNown to the Interpreting Officers (Court) or Translators, or in the event of the affidavit being sworn outside the limits above mentioned, the affidavit may be interpreted and explained to the deponent by some competent person, who shall make an affidavit that he is thoroughly conversant with English and with the language spoken by the deponent, and that he truly and accurately interpreted and explained that affidavit.5. Affidavits taken before authorised Commissioner. – Affidavits for use in any of the jurisdictions of the Court may be taken in Calcutta or within 5 miles thereof before a Commissioner generally or specially authorised by the Chief Justice for the purpose.Every such Commissioner shall express in the jurat the place where he has taken any affidavit, in the event of the same being taken elsewhere than in the Court House.6. Names of all deponents in the jurat. – In every affidavit made by two or more deponents, the names of the several persons making the affidavit shall be inserted in the jurat.7. Identification of a purdanashin woman deponent. – Where the deponent is a purdanashin woman, she shall be identified by a person to whom she is kNown and before whom she appears, and such person shall at the foot of the affidavit certify that the deponent was identified by him and sign his name thereto, and shall prove such identification by a separate affidavit.8. Marking, etc., of exhibits. – Every exhibit annexed to any affidavit shall be marked with the short title and the number (if any) of the cause or matter and shall be dated and initialled by the officer before whom the affidavit is sworn.9. Affidavits Not to be filed without proper endorsement. – No affidavit shall be filed in the several offices of the Court, unless properly endorsed with the number and title of the suit or matter, the name or names of the deponents, the date on which it is sworn, and by whom or on whose behalf it is filed.10. Striking out scandalous matter. Costs. – The Court or a Judge may order to be struck out from any affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between Advocate acting on the Original Side and client.11. Interlineations, alterations or erasures how to be dealt with. Circumstances under which officer may refuse to take affidavits. – No affidavit, having in the jurat or body thereof any interlineation, alteration or erasure, shall, without the leave of the Court or a Judge, or in any matter depending before an officer without the leave of such officer, be read, or made use of, unless the interlineation or alteration (other than by erasure), is authenticated by the initials of the officer taking the affidavit, Nor, in the case of an erasure, unless the words or figures, appearing at the time of taking the affidavit to be written on the erasure, are re-written and initialled in the margin of the affidavit by the officer taking it. An officer may refuse to take an affidavit where, in his opinion, the interlineations, alterations, or erasures are so numerous as to render it necessary that the affidavit should be rewritten.12. Affidavits may be received Notwithstanding defects. – The Court, Judge or Officer may receive any affidavit, sworn for the purpose of being used in any suit or matter, Notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the Form thereof, and may direct a memorandum to be made on the document that it has been so received.13. Affidavits filed after time. – Where a special time is limited for filing affidavits, No affidavit filed after that time shall be used, unless by leave of the Court, Judge or Officer.14. Ex parte order of No force unless affidavit is filed before application is made. – Except by leave of the Court, Judge or Officer, No order made ex parte, founded on any affidavit, shall be of any force, unless the affidavit, on which the application was made, was actually made before the order was applied for, and produced or filed at the time of making the application.15. Interpretation of words. – The word “affidavit” in this Chapter shall include petition and any other document required to be sworn; and the words “swear” and “sworn” shall include “affirm” and “affirmed”.16. Affidavits sworn in England before any Judge, Local Court, Magistrate or Notary Public, or any Official empowered to administer Oaths and bearing their respective Seals, if any, will be accepted as sufficient in this Court and in all Courts and Tribunals subordinate to this Court.

CHAPTER XVI

Judgments, Decrees and Orders

  1. Judgment how proNounced and minuted: Decree or order in accordance therewith.– The judgment shall be proNounced in open Court, and a minute thereof made by the principal officer in attendance in court; and the decree or order shall be drawn up in accordance therewith.Where the judgment proNounced has been reduced into writing, the decree or order shall Not be filed before such judgment is filed.2. Oral judgment how taken down – Revision thereof: Official Note.– Where judgment is given by the Court or a Judge orally, a Note thereof in writing, or in shorthand, shall be taken by the principal officer in attendance. The Note so taken shall, unless the Judge shall otherwise direct, be written out fully, and submitted to the Judge for revision. A Note so submitted, when revised by the Judge, shall be signed by him and may be filed, as the judgment of the Court, but if returned by the Judge unsigned, it may be filed as the official Note of the judgment. After it has been so filed the parties shall be entitled to obtain office copies in the usual manner.3. Official Note of judgment of a Judge on leave, etc., how may be filed. – The official Note of a judgment delivered by a Judge, who has gone on leave or ceased to be a Judge of the Court, after revision by the officer by whom it was taken, or, where such officer is Not available, the unrevised Note thereof, may be filed, with the leave of a Judge, and when the same has been filed, office copies may be obtained in the usual manner.4. Judgments how to be dated. – Every judgment shall be dated as of the day on which such judgment is proNounced, save that where a party dies after hearing but before judgment, the judgment shall be dated as of the date of the hearing. By special leave of the Court or a Judge, a judgment may be ante-dated or post-dated.5. Note of decree to be minuted. – Where a decree is made in Court or in Chambers, a Note shall be taken in the minute book by the principal officer in attendance.6. No decree unless suit appears in the Peremptory List. – Subject to the provisions of Chapter XIIIA No decree in a suit shall be passed, unless the suit appears in the Peremptory List of Suits for the day.7. Consent decree in Chambers. – A decree by consent may be made in Chambers, provided the suit appears in the Peremptory List of suits for the day.8. Consent how signified. – Unless the Court or a Judge shall otherwise direct, a party consenting to a decree or order shall appear before the Court or a Judge, and signify such consent by an Advocate acting on the Original Side or where he has No Advocate acting on the Original Side, in person, or by a recognised agent.8A. Before a decree or order is passed in any suit or matter on compromise which provides for discharge of a Receiver, Notice of it shall be given to the Receiver and the suit or the matter placed on the list for making the decree or order.9. Direction as to costs where pauper suit is dismissed. – Unless otherwise ordered by the Court or a Judge, the decree, where a pauper suit is dismissed, shall direct the plaintiff to pay full costs, with a stay of execution until it is shown that the plaintiff is in a position to pay the costs.10. Decrees to be drawn up, signed, sealed and dated. – Every decree shall, upon application under rule 27, be drawn up in the office of the Registrar, and be signed by the Registrar or Master and by the Judge, and sealed with the seal of the Court, and shall bear the same date as the judgment in the suit:Provided that, if by reason of the absence of the Judge who passed the decree, or from any other cause, it canNot be signed by him, such decree may be signed by the Judge taking the list of the Judge who passed the decree or, if there is No such Judge at the time, by any other Judge.11. Contents of decree. – A decree shall contain the number of the suit, the names and description of the parties, and particulars of the claim as stated in the concise statement and shall state what parties appeared and how and whether any evidence was taken, and shall specify clearly the relief granted or other determination of the suit; but No issues or the findings thereon shall be inserted unless by special directions of the Judge, Nor shall there be any recitals other than such short ones as the Registrar or Master thinks necessary. Money and securities for money shall be expressed at length.11A. In cases where the Plaintiff firm will be required to disclose the names of the partners to the Defendant, under sub-rule (1) of rule 2 of Order XXX of Civil Procedure Code, it shall do so by filing an affidavit containing the list of the names of such partners and shall supply a copy of the said affidavit to the Defendant. Every decree in such suits shall contain the names of the partners disclosed by the plaintiff firm under sub-rule (1) of rule 2 of Order XXX of Civil Procedure Code (as amended by the Civil Procedure Code (Amendment) Act, 1976).12. Unless the Court or a Judge shall otherwise direct, every decree or order for payment of money or delivery of securities into Court shall direct such money to be paid, into the Reserve Bank of India at Calcutta and securities to be endorsed and delivered over to the Financial Secretary to the Government of West Bengal and the Secretary and Treasurer for the time being of the State Bank of India (or such other officer or officers as shall, for the time being, have the custody of the funds of suitors), with the privity of the Accountant-General of the Court.13. Unless the Court or a Judge shall otherwise direct, every decree or order for payment for money or delivery of securities out of Court shall direct such money to be paid by the Reserve Bank of India and securities to be endorsed and delivered over by the Financial Secretary to the Government of West Bengal, and the Secretary and Treasurer for the time being of the State Bank of India (or such other officer or officers as shall, for the time being, have the custody of the funds of suitors) with the privity of the Accountant-General of the Court.14. Payment to be ordered to be made to parties only. – Unless otherwise directed, every decree or order for the payment of money shall be drawn up for payment of the money to the party or parties who shall be entitled to receive the same, and Not to the parties or their Advocates acting on the Original Side.15. To authorise sale and sub-division of securities. – Every decree or order for the payment of money out of a fund in Court shall, for the purpose of such payment, be so drawn up as in express words to authorise the sale and sub-division of the securities for money belonging to the fund, or of a sufficient portion thereof.15A. Mortgage decree to provide for sale by Registrar. – In all cases in which the decree in a mortgage suit provides for the sale of the mortgaged premises or of any part thereof, such sale shall be held by the Registrar unless for special reasons to be stated in writing the Court passing the decree otherwise directs.16. Decree for sale of mortgaged property : Direction for personal decrees. – Unless the Court or a Judge shall otherwise direct, every decree in a suit or proceeding for the sale of mortgaged property shall contain a direction, that if the money to arise by such sale shall Not be sufficient for the payment in full of the amount of principal, interests and costs payable under the decree, the plaintiff shall be at liberty to apply for a decree for the amount of the balance if legally recoverable.17. Provisions in the decree where leave to bid is obtained. – Where a mortgagee in a suit for the sale of mortgaged property obtains leave to bid for and purchase the property, and, if declared the purchaser, to set off the purchase-money pro tanto against the amount payable under the decree for principal, interests and costs, the decree shall, unless the Court or a Judge shall otherwise direct, provide (1) that the applicant do, except in suits in which the principal does Not exceed Rs. 4,000, pay the Registrar’s commission; (2) that if the purchase-money shall exceed the amount payable under the decree, the applicant do pay the amount of the excess into Court to the credit of the suit, to be held there subject to the further order of the Court.18. Provisions in a partition decree. – Unless the Court, or a Judge shall otherwise direct, every decree for partition shall provide-(1) Owelty. – for the payment, where necessary money for the purpose of equalising the value of the shares;(2) Mutual transfers. – for the execution the parties of mutual transfers;(3) Costs up to decree. – for payment by the parties respectively of their own costs of suit, up to and including the decree;(4) Subsequent costs. – for payment by the parties respectively of the costs of issuing and executing the commission of partition and confirming the Commissioner’s return, in proportion of the value of their respective shares.19. Where liberty to apply implied. – In every decree or order that is Not final, liberty to apply shall be implied.20. Order made on Chamber application of an Advocate to be minuted. – Where an order is made in Chambers on an application in which an Advocate appeals, a Note shall be in the minute book by the principal officer in attendance.21. Other Chamber orders to be endorsed on the application and be signed. – Where an order is made in Chambers on an application in which an Advocate acting on the Original Side appears, a Note of its purport shall be endorsed on the application, and signed by the Judge or officer by whom the order is made.21A. A Note of every order of the Court or a Judge in Chambers on an application in which an Advocate appears shall be made by the principal officer in attendance on the back sheet of the summons or Notice of motion or plaint, specifying the date on which the order is made, as also briefly specifying the nature of the order such as application allowed or application dismissed or application disposed of by order made.22. Drawing and signing of Court’s or Judge’s orders. – Every order of the Court or a Judge shall, upon application under rule 27, be drawn up in the office of the Registrar, and be signed by the Registrar or Master.23. Drawing and signing of Registrar’s or Master’s orders. – Every order made by the Registrar or Master shall, upon application under rule 27, be drawn up in the office of the Registrar, and be signed by the officer making the same : Provided that if by reason of the absence of the officer who made the order or from-other cause it canNot be signed by him, it may, in a case of urgency, be signed by the other of such officers.23A. Notwithstanding the provisions contained in rules 22 and 23 above, the following orders need Not be drawn up unless otherwise ordered or unless required by any of the parties

(i) Orders for extension of returnable date of the Writ of Summons under Chapter VIII, rule 3 of these rules.

(ii) Orders for service of the Writ of Summons on a partner and/ or person having control and management of a firm under Order XXX, rules 3 and 5 of the Code of Civil Procedure.

(iii) Orders for leave to lodge the Writ of Summons with the Sheriff of Calcutta under Chapter VIII, rule 7 of these rules.

(iv) Orders for issue of fresh Writ of Summons under Chapter VIII, rules 8 and 9 of these rules.

(v) Orders for service of Writ of Summons by registered post under Chapter VIII, rule 11 of these rules.

(vi) Orders for simple transmission of a certified copy of a decree to another Court for execution (unless required by the Court executing the decree or order) under Chapter XVII, rule 1 of these rules.

(vii) Orders for extension of time to.file written statement under Chapter IX, rule 2 of these rules.

(viii) Orders for discovery and for inspection under Order XI of the Code of Civil Procedure, unless they are of peremptory nature.

(ix) Orders for adjournment or for fixing dates of suits and proceedings.

(x) Orders admitting plaint under Chapter VI, rule 11 of these rules or granting leave under Clause 12 of the Letters Patent or under Order I, rule 8, Order H, rule 2 and Order II, rule 4 of the Code of Civil Procedure.

(xi) Orders made under rule 35 or 35A of Chapter X of these rules.

(xii) Orders for grant of Letters of Administration, Probate or Succession Certificate.

(xiii) Orders made under rules 2B, 2C or 2D of Chapter XII of these rules, unless they are of peremptory nature.

(xiv) Orders extending time to file Paper Books or to deliver index for approval of respondents in appeals under Chapter XXXI, rules 15, 21 or 29 of these rules.

(xv) Any other order or orders as the Court or a Judge may specially direct Not to be drawn up.

  1. Orders to be sealed and filed.– Every order after being signed shall be sealed and filed forthwith.25. Direction as to costs in an order permitting withdrawal of suit etc.– In the case of an order permitting the withdrawal of a suit, appeal, or matter, unless the parties otherwise agree, or the Court or Judge otherwise orders, there shall be inserted in the order a direction that the plaintiff is to pay to every defendant or respondent, who has filed a written statement or a memorandum of appearance, his costs of the suit, appeal or matter when taxed.26. Payments of costs condition precedent where suit is withdrawn with liberty to bring a fresh suit. – Where a suit is allowed to be withdrawn with liberty to bring a fresh suit in respect of the same subject-matter, unless the Court or a Judge 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.27. Drawing up of decree or order to be applied for by requisition. – Except as otherwise provided in the rules, or unless otherwise ordered, application shall be made for the drawing up of every decree and order, other than an order directing a person to furnish security, by requisition to the Registrar in writing by the party in whose favour the decree or order was made within three days from the date of the decree or the order, or, in default or his applying within such time, by any party within seven days from the date of the decree or order. In the case of an order directing a person to furnish security such application shall be made by requisition in writing by the party in whose favour the order was made by 2 p.m. of the day following the date of the order, or in default thereof, by the party who is to furnish the security by 4-30 p.m. of the day following the date of the order. If such application for drawing up a decree or order is Not made within the time aforesaid, the decree or order shall Not be drawn up except under order of the Court or a Judge to be obtained, unless otherwise ordered, by petition ex parte. The costs of the application, for obtaining such order and those of drawing up and completing the decree or order shall be in the discretion of the Court or a Judge.27A. Certain orders may be drawn and engrossed by Advocates acting on the Original Side. – An order for an Affidavit of Documents or a peremptory order to file a Written Statement or Affidavit of Documents or an order for examination of witnesses on commission or an order for furnishing of security may be drawn up and engrossed by the Advocate acting on the Original Side at whose instance such order was made, the engrossment being on a printed Form to be furnished upon requisition to the Order Department. The engrossed order, where so prepared by the Advocate acting on the Original Side after being duly stamped and punched, shall be delivered to the Order Department, and if found to be in proper order, shall be signed by the Registrar or Master.27B. An order appointing a Receiver or granting an injunction or for payment of costs in a proceeding, when such payment is a condition precedent to any further steps being taken by the party in whose favour the order is made, may also in the manner provided in rule 27A be drawn up and engrossed and stamped, punched and delivered and be signed by the Registrar or Master.This rule will apply provided the order is of routine nature and does Not require to be drawn up and settled in the usual course.28. Draft to be circulated. In cases of doubt etc., draft may be submitted to Court or Judge. – In cases of doubt or difficulty with regard to a decree or order made by the Court or a Judge, the Registrar or Master may, before issuing the draft, submit the same to the Court or Judge who passed the decree or order.29. Settling draft of decree or order on Notice. Service of such Notice on Advocate acting on the Original Side. – Where the draft of any decree or order requires to be settled in the presence of the parties, the Registrar or Master shall, by Notice in writing, appoint a time for settling the same; and the parties must attend such appointment, and produce to the officer their briefs and such other documents as may be necessary to enable him to settle the draft. The Notice will be sent from the Registrar’s office to the Advocates acting on the Original Side of the parties, with a receipt book in which shall be obtained, the signature of the Advocate acting on the Original Side or clerk with whom the Notice shall be left.

Service on parties appearing in person Proof of such service

The Notice shall be served on the parties who have appeared in person, by the party who has the carriage of the decree or order. When so served the original Notice, with a memorandum endorsed thereon of the service of a copy thereof, signed by the party by whom such service was made, must be delivered to the officer, who may, if Not satisfied that service has been duly made, require such service to be verified by affidavit.30. Consequence of failure to attend appointment or settling. – Where any party fails to attend the officer’s appointment for settling the draft of a decree or order, or fails to produce his briefs or any documents called for by the officer, the officer may proceed to settle such draft in his absence, or without the production of the briefs or documents aforesaid, or may require the matter to be mentioned to the Court.30A. Where at the Settlement of a draft, decree or order any party fails to remove any defect or defects in the minutes or in any document within a reasonable time, the Registrar or Master shall issue a Notice to the parties, calling upon them to take steps to remove the said defect or defects within a fortnight from the date of service of such Notice. If the defect or defects is or are Not removed by the parties within the said period, the said decree or order shall be liable to be entered in a ledger, to be called a Dead Ledger, and shall thereafter be treated as dead and disposed of. A decree or order, thus entered in the Dead Ledger, shall Not be completed except under an order of the Court or a Judge. The costs of the application for obtaining such order and those of drawing up and completing the decree or order shall be in the discretion of the Court or a Judge.31. On adjournment parties to attend without further Notice. – The officer may adjourn any appointment for settling the draft of any decree or order to such time as he may think fit, and the parties shall be bound to attend the adjournment without further Notice.32. Speaking to the minutes of a decree or order. – Where any party is dissatisfied with any decree or order as settled by the officer, and intends to mention the matter to the Court, the officer, if inFormed of such intention, shall Not proceed to complete the decree or order without allowing such party sufficient time to apply to the Court. The application must be made by motion, on Notice to the parties who appeared at the hearing.33. Variation made by Court in the drafts as settled by officer. – Where a variation is made by the Court in the draft settled by the Officer, such variation shall be embodied in the decree or order, and, except where the costs of the application are ordered to be paid, No fresh order need be drawn up.34. Consequence of neglect to return draft as in time. – Where Notice to settle a decree or order is given in consequence of the neglect of any party to return his copy of the decree or order within a reasonable time, and it shall appear, on the settlement of the decree or order that such party has No objection to the decree or order as drawn, his Advocate’s acting on the Original Side costs of appearing on the settlement will Not be allowed on taxation. And the officer settling the decree or order may direct the party or Advocate acting on the Original Side in default to pay the costs thrown away.

CHAPTER XVII

Execution of Decrees and Orders

Cases for Transmission of the Decree to another Court for Execution

  1. Application for transmission. Transmission how to be made.– Applications under section 39 of the Code, to transmit a decree to another Court for execution, shall be made on petition, verified by affidavit, clearly stating the particulars mentioned in clause (a), (b), (c) or (d) of that section, and shall ordinarily be accompanied by a certified copy of the decree and of any previous order for the execution of the decree ; and upon the order being made, the Registrar shall, by registered post, transmit such certified copy together with the other documents mentioned in order XXI, rule 6(b) and (c) of the Code or, where No order for execution has been made a certificate to that effect.2. Combination of application under section 50 or order XXI, rule 16 of the Code, with application to transmit.– An application under section 50 or order XXI, rule 16 of the Code, may be combined with an application under the last rule, and where an order is made on such application, a copy of the order shall be transmitted with the papers.3. What costs to be specified in the certificate of Non-satisfaction. – In the certificate of Non-satisfaction required by order XXI, rule 6 of the Code, shall be specified the costs taxed under the decree to be executed, where the same have been taxed, and the amount of costs of application for transmission of copy of the decree as in the table below, and where an order has been made under section 50 or order XXI, rule 16 of the Code, the amount of any costs allowed under such order.

Table

Item Advocate’s acting on the Original Side fees, including surcharge Court-fees
Rs. A. P.
Petition including filing, etc. 10 0 0 Rs. 12 and Rs. 3 for each exhibit, if any, and charge for copy decree.
Making application. 12 8 0
Receiving certificate, paying postage, etc. 5 0 0 Necessary Court-fees besides postage
Any necessary affidavit. 6 4 0 Rs. 4.
  1. Stay of execution to be entered after transmission.– Where a decree is sent to another Court for execution, stay of execution will be entered in the proceedings in this Court, unless the Judge, Registrar or Master shall, on such terms as he thinks fit, otherwise direct.5. Contemporaneous transmission to two or more districts. Certificate of Non-satisfaction and letter to be sent in such cases.– Where a person against whom execution is sought has property within the jurisdiction of two or more Courts the Judge, Registrar or Master may, on being satisfied of its necessity, cause a copy of the decree obtained against such person, to be transmitted for execution in some or all of such Courts contemporaneously. In the certificate of Non-satisfaction, to be sent therewith to each of such Courts it shall be stated to what other Courts a copy of the decree has been sent for execution. At the same time, a letter shall be sent to the Judge of one of such Courts, requesting him to attach and sell the property within the jurisdiction of his Court (hereinafter mentioned as theist Court), or a sufficient portion thereof, and certify the result to this Court; and with such letter shall be sent a copy of the letter sent to the Judge of each of the other Courts. A letter shall also be sent to the Judge of each of the other Courts, requesting him to attach the property within the jurisdiction of his Court, but Not to sell the same until requested by this Court to do so.6. Where insufficient amount realised in first district. – Where the amount realised in execution in 1st Court shall Not be sufficient to satisfy the decree, a certificate stating the result of the sale shall be sent to the Judge of another of such Courts, with a letter requesting him to sell the property under attachment within the jurisdiction of his Court (hereinafter mentioned as 2nd Court) or a sufficient portion thereof, and certify the result to this Court.7. Also in second or succeeding district. – Where the amount realised in execution in 2nd Court shall Not be sufficient to satisfy the balance payable under the decree, the proceeding indicated in the last preceding rule shall be followed, in respect of each of the other Courts successively, until the balance payable under the decree is satisfied, or until the property attached in all of such Courts has been sold.8. When sufficient amount realised in execution. – Where the amount realised in execution in the 1st Court or the 2nd Court or any other Court except the last, shall be sufficient to satisfy the decree, a certificate, that such is the case, shall be sent to each of such Courts in which property shall, at the time, be under attachment in execution of the decree.

Cases Transmitted by another Court to the Calcutta High Court for Execution

  1. When Registrar may return copy decree from another Court.– Where a copy of a decree of another Court is transmitted to this Court for execution, the Registrar may return the same, if the requirements of section 50 or of order XXI, rule 6 or 16 of the Code, do Not appear to have been fully complied with.

Generally : Execution Proceedings in the Calcutta High Court

  1. Application for execution Form.– The application for execution, whether the provisions of order XXI, rule 22 of the Code, apply or Not, shall be in Form No. 1, and shall be on a sheet of durable paper of good quality foolscap size, and shall, in addition to the particulars mentioned in order XXI,rule 11(2) of the Code, contain the following:-

Contents

(a) (Under column 6) – The date and nature of any writ issued before or after judgment.

(b) (By way of schedule) – The description of the property and the interest of the judgment-debtor therein as required by order XXI, rule 13 of the Code.

(c) A statement of the estimated value of the property sought to be attached, or, if such property is incumbered, the value thereof after providing for the satisfaction of the incumbrances.

Copy decree to accompany in all cases

In all cases, the application shall be accompanied by a duly certified copy of the decree.11. Issue, service and return of Notices. – All Notices under section 145 or under order XXI, rules 2, 16, 22, 34(2) or 37 of the Cock, shall be issued by the Registrar or Master; Notices under section 145, and under order XXI, rules 2, 34(2) and 37 being made returnable before the Judge in Chambers, and Notices under order XXI, rules 16 and 22, being made returnable before the Registrar or Master. Every such Notice shall be returnable on a certain day to be therein mentioned, and shall be served at least eight clear days before such date unless the Registrar or Master shall otherwise order (Form Nos. 2, 3, 4, 5, 6 and 7).12. Order for Notice and execution on same tabular statement. Costs of second tabular statement. – The order for the issue of a Notice, and the subsequent order after service of Notice, shall be made on the same tabular statement, or petition, as the case may be, and the costs of a second tabular statement or petition shall Not be allowed unless otherwise ordered.13. Application for execution of decree for delivery of immoveable property. – In every application for the execution of a decree for the delivery of immoveable property under Order XXI, rule 35 or 36 of the Code, it shall be stated whether the property is in the possession or occupancy of the judgment-debtor or any other person bound by the decree to vacate the property, or whether it is in the occupancy of a tenant, or any other person entitled to occupy the same and Not bound by the decree to relinquish such occupancy.14. Application for possession of immoveable property sold in execution to be accompanied by Registrar’s Certificate. – In every application under Order XXI, rule 95 or 96 of the Code, for possession of immoveable property sold in execution of a decree, it shall be stated whether the property is in the occupancy of the judgment-debtor, or of some person on his behalf, or of some person claiming under a title created by the judgment-debtor subsequently to the attachment of such property, or whether it is in the occupancy of a tenant or other person entitled to occupy the same. The petition on which the application is made shall be accompanied by a certificate of the Registrar, that a certificate of sale under Order XXI, rule 94 of the Code, has been granted to and in the name of the person who, at the time of sale, was declared to be the purchaser.14A. A decree-holder, praying for police help in execution of a decree, shall apply before a Judge in Chambers by petition, supported by an affidavit, stating therein whether such help is required :-

(i) because of apprehension of violence or obstruction from the judgment-debtor himself; or

(ii) because of conditions of a general character such as the locality where execution win have to be levied, being in a disturbed state or a class of people similarly situated being likely to make a common cause with the judgment-debtor and resist execution.

14B. The decree-holder shall also state in the petition:-

(i) The date or dates when such help is required;

(ii) The place where the help is required;

(iii) The kind of police help (number and rank of men) required.

14C. The Court, upon being satisfied that a sufficient ground exists for requisitioning such police help, may direct the Registrar to request the Commissioner of Police to render such help to the decree-holder.14D. Orders made by the Court upon such application need Not be drawn up, and the Registrar will be at liberty to act on a copy of the minutes of the order signed by the Court Officer or on production of the fiat endorsed on the petition.14E. In cases where such police help is required because of apprehension of violence or obstruction from the judgment-debtor himself, the decree-holder shall, before making the application to the Court, deposit with the Registrar the fees prescribed by Government for such purpose and also all costs for remitting the fees to the Commissioner of Police, Calcutta. The provisions of Money Rules in Chapter XXIV and of item 56, Rule 74 in Chapter XXXVI of the Original Side Rules shall Not apply to such deposit.14F. The provisions of Rules 14A to 14E will also apply to execution of orders for possession, warrants of arrest and attachment before judgment.14G. In cases where fees for police help are leviable, the fees paid and costs deposited for remitting the same to the Commissioner of Police, shall be added to the costs of execution.15. Warrant of arrest: Costs of execution to be specified. – Every warrant for the arrest of any person, in execution of a decree or order, shall in addition to the amount due and payable under the decree for principal, interest and costs, specify a sum for the costs of the execution as shown in the table below:-

Table

Item Advocate’s acting on the Original Side fees including surcharge. Court-fees
Rs. A. P.
1. Tabular statement including filing 13 12 0 Rs. 12 and Rs. 3 each exhibit, if any
2. Making application 12 8 0
3. Receiving warrant and sealing same 2 8 0 Rs. 10
4. Lodging same with Sheriff 1 4 0
5. Where Notice is issued under Order 21, r. 22, 1(b) of the Code :
Obtaining Notice from the Court 1 4 0
Getting same Sealed 1 4 0
Copy of service 2 8 0 Rs. 10
Service and getting affidavit affirmed 6 4 0 Rs. 4
6. Attending, on or writing to client requesting him to point out the person to be arrested or the property to be attached 3 12 0
7. Attending, Obtaining and handing money to client (to be allowed in the first warrant, but Not in any subsequent warrant, except where there has been a part payment) 6 4 0
8. Any necessary affidavit 6 14 0 Rs. 4
9. Filing Mufussil Vernacular decree where necessary 1 4 0 Rs. 3
Bespeaking and obtaining translation thereof where necessary 2 8 0 Actual fees for translation.
Stamp on warrant 2 8 0 Rs. 4-8.
10. Application for extension of returnable date of warrant where allowed :
Drawing and engrossing petition 7 8 0 Rs. 12
Attending, getting petition affirmed 2 8 0
Attending Court obtaining Order 12 8 0
Attending Court getting date extended 1 4 0
  1. Deposit for intermediate subsistence.– With every such Warrant there shall be deposited with the Sheriff a sum of Re. 1 for intermediate subsistence of the judgment-debtor pursuant to Order XXI, rule 39(1).17. Warrant of attachment. Costs of execution to be specified.– Every warrant for attachment of property shall, in addition to the amount due and payable under the decree for principal, interest and costs, specify a sum for costs of execution as shown in the table, (see the table printed after Rule 15 above.)18. Return of warrants. Certificate as to execution. – Every warrant of arrest or attachment shall be returnable by the Sheriff, to the office of the Registrar, immediately after the service thereof, or where he has been unable to serve the same, Not later than one month from the date of the delivery of the warrant to him, unless such time be extended by an order to be obtained ex parte, in Chambers. The Sheriff shall certify, by endorsement on the warrant the date and manner in which it has been executed, or why it has Not been executed.18A. Unless otherwise ordered every process issued by this Court shall be executed as soon as practicable but Not later than one week before the returnable date of such process.18B. Every process issued shall contain a direction as to the returnable date under Rule 18 and also the date within which such process shall be executed under Rule 18A of this Chapter.19. Person arrested in execution when entitled to discharge. – A person arrested under a warrant, issued in execution of a decree for the payment of money, shall be entitled to his discharge from such arrest, on payment or tender to the decree-holder or his Advocate acting on the Original Side or to the Sheriff, of the amount directed to be levied by such writ, and upon payment to the Sheriff of his fees, poundage and charges:Provided that in the event of payment or tender to the Sheriff the amount directed to be levied by the writ, there be also paid the Accountant-General’s commission and a sum of Rupees One hundred and twenty to cover the costs of obtaining an ex parte order for payment of the money out of Court.20. Release of property attached in execution. – Where property is attached under a warrant, issued in execution of a decree for the payment of money, the judgment-debtor shall be entitled .to the release of the property from such attachment, on payment or tender to the decree-holder or his Advocate acting on the Original Side or to the Sheriff, of the amount directed to be levied by such writ, and upon payment to the Sheriff of his fees, poundage and charges:Provided that in the event of payment or tender to the Sheriff of the amount directed to be levied by the writ, there be also paid the Accountant-General’s commission and a sum of Rupees One hundred and twenty to cover the costs of obtaining an ex parte order for payment of the money out of Court.21. Order of Advocate acting on the Original Side or decree-holder when sufficient for discharge. – A written order, under the hand of the Advocate acting on the Original Side of the decree-holder, or of the decree-holder himself where he has No Advocate acting on the Original Side, shall justify the Sheriff in discharging the judgment-debtor, or releasing his property; provided, where the order for discharge or release is under the hand of the Advocate acting on the Original Side of the decree-holder, the latter shall Not have given written Notice to the contrary, and also provided there are No other detainers against the judgment-debtor or warrants of attachment against the property.22. Order for discharge by Advocate acting on the Original Side; consent of client necessary. – Nothing shall justify an Advocate acting on the Original Side in giving an order for the discharge of a person in custody under any warrant of arrest, or for the release of any property under attachment, without the consent in writing of his client.23. Release of person or property attached under warrant. – The payment to the Sheriff of the monies, specified in rules 1.5 and 16 or rule 17 together with his fees, poundage and charges, shall justify him in discharging the judgment-debtor or releasing the property, provided there are No other detainers against the judgment-debtor or warrants of attachment against the property.23A. Sheriff’s poundage when order directs release. – Where property under attachment is ordered to be released, it shall be a condition of the order, unless the Court or Judge shall otherwise direct, that the Sheriff’s poundage be paid to him by the party upon whose application the order is made:Provided that in the event of the decree, order or award in respect, of, or under which, the attachment was made being set aside, the Sheriff shall return the poundage so paid, unless the Court or Judge shall otherwise direct.24. Payment by Sheriff of money received or realised in execution by him. – The Sheriff shall receive all moneys tendered to him under any warrant of arrest or attachment, and upon receipt of such moneys, or on realisation of moneys by sale or otherwise from the property of the judgment-debtor, he shall forthwith certify to the Court the amount and date of such receipt or realisation, and shall pay the amount less his fees, poundage and charges, to the Reserve Bank of India with the Privity of the Accountant-General of the Court in his Personal Ledger Account to be placed by him to the credit of the suit, in his Ledger Book kept in his office subject to the further order of the Court.25. Note of order for committal to be endorsed on warrant. Separate warrant for committal. – Where a judgment-debtor is committed to the Civil prison in execution of a decree and his subsistence allowance fixed, a Note of the purport of the order shall be endorsed on the warrant of arrest by the principal officer in attendance on the Judge, and authenticated by his signature. Upon production in the Registrar’s office of the warrant with such endorsement, a separate warrant shall be issued, for the commitment of the judgment-debtor, in which the amount and rate of the subsistence allowance fixed by the Judge shall be specified.26. Notice of sale at foot of warrant for attachment of property. – A memorandum shall be added at the foot of every warrant for the attachment of property, other than attachment of immoveable property to the following effect: “Notice is hereby given to all persons concerned that proceedings will be taken, without further Notice, for the sale of the property to be attached hereunder, and to have the money, to arise by such sale, applied in payment of the costs of execution and of the amount payable to the decree-holder under the decree made in this suit and dated the ………… day of……………”.27. Application for Receiver in execution of decree. – An application for the execution of a decree, by the appointment of a Receiver under order XL, rule 1 of the Code, to realize or otherwise deal with property under attachment, shall be made to the Judge in Chambers.27A. Attachment of property in possession of a Receiver. – Applications for leave to attach property in the possession or custody of a Receiver appointed by the Court in any suit shall ordinarily be made ex parte to the Judge in Chambers, and the order (if any) made on such application shall provide that the attachment shall be subject to all or any orders or order already made or which may thereafter be made in the suit in which the Receiver was appointed, and that the costs of the application shall be costs in the execution proceedings.27B. Application for a special order. – If the creditor seeking to attach desires a Form of order differing from that mentioned in rule 27A or an order that he should receive Notice of any application subsequent to his attachment that may be made in the suit in which the Receiver was appointed, he shall be at liberty to make an application in that behalf to the Judge in Chambers upon summons to all the parties in the suit including the Receiver, and upon the hearing of such summons the Judge may make such order as in the circumstances of the case he may deem just and expedient. The costs of any such application shall be in the discretion of the Judge.27C. Costs. – When an order has been made under the last preceding rule, the costs of the appearance of the attaching creditor on such subsequent application or proceedings shall be in the discretion of the Judge.27D. Notice. – In every case in which an attachment has been made, whenever an application is made for an order to deal with any property in the hands of the Receiver, which order might have the effect of diminishing the property attached or of prejudicially affecting the attachment or the interests of the attaching creditor, the application shall be made on Notice to the Receiver, and it shall be the duty of the Receiver to bring to the Notice of the Judge the existence of the attachment and the Judge may adjourn the application and direct that Notice thereof be served on the attaching creditor, and the Judge after hearing the attaching creditor shall make such order as may appear to be just and expedient.27E. Application for an order charging the property. – In any suit in which a Receiver has been appointed a creditor entitled to apply for leave to attach any property which is in the possession or custody of the Receiver may apply on summons to all the parties to the suit and to all attaching creditors liable to be affected by the order sought, for an order charging the property in the possession or custody of the Receiver, and upon the hearing of such summons the Judge may make such order as he may deem just and expedient. The costs of the proceedings shall be in the discretion of the Judge.28. Execution of document or endorsement of negotiable instrument by Registrar. Form of endorsement or execution. – The acts directed to be done by the Court under order XXI, rr. 34(5) and 80 of the Code, shall, unless otherwise ordered by the Court or a Judge, be done by the Registrar. The execution or endorsement by the Registrar shall be in the following Form:”A.B. by CD. Registrar of the High Court at Calcutta in its Original Civil Jurisdiction (under order………………. dated……………. and made in suit No…………………. of………………….. wherein…………………… is plaintiff and………………… is defendant”).29. Mode of applying for sale in execution. Notice where application is made one year after attachment. Costs of such Notice. – An application for an order for the sale of property other than immoveable property under attachment in execution of a decree shall be by petition ex parte in Chambers, signed and verified as prescribed in order XXI, rules 66(3) of the Code and accompanied by the statement mentioned in that sub-clause, and by a certificate of the Sheriff stating that such property has been attached. Where the application is made after the expiry of one year from the date of attachment, Notice in Form No. 8 shall issue. The costs of and occasioned by the issue of such Notice shall, unless otherwise directed, be paid by the applicant.29A. On every application for execution of decree in respect of immovable property, order for attachment and sale may be made and the process to be issued pursuant to that order, shall contain a Note requiring the judgment-debtor to attend Court for settling the terms of the proclamation of sale on a date to be fixed in the process which shall Not be later than six weeks from the date of its issue, provided that the date so fixed may be extended on sufficient grounds. On the date so fixed the judgment-creditor shall file certificate of seizure showing that the property has been attached.29B. On the date fixed by the Court for appearance of the judgment-debtor to take Notice for settlement of sale proclamation, Notice shall be issued by the Court on such other party or parties which the Court may deem necessary. Such Notice shall be taken out by the judgment-creditor and be served upon the said parties. Except as aforesaid all other provisions contained in Chapter XXVI of this rule in such proceedings shall apply as far as applicable.30. Sale after attachment to be conducted by Sheriff. – Unless otherwise ordered, the sale of property attached in execution of a decree, within the local limits of the jurisdiction of this Court, shall be conducted by the Sheriff of Calcutta, or his Deputy, or other person authorised by the Sheriff for that purpose.31. Order for sale. – This order for sale will be drawn up with directions as to the proclamation to be made under the provisions of Order XXI, rule 66 of the Code, and with a direction that the money, to arise by such sale, be paid into Court to the credit of the suit, subject to the further order of the Court.32. Order for leave to bid when obtained by a decree-holder other than a mortgagee. – Unless otherwise directed, every order obtained by a decree-holder, other than a mortgagee, for leave to bid and purchase the property to be sold in execution of a decree, and if declared the purchaser, to set-off the purchase-money, pro tanto, against the amount payable under the decree for principal, interest and costs, shall direct (1) that such set-off shall only be allowed upon production to the Sheriff of a certificate from the Registrar, dated subsequent to the sale, to the effect that No application for execution against the same judgment-debtor made to this Court, except by the decree-holder is subsisting; (2) that the applicant do pay the Sheriff’s fees, poundage and charges; (3) that, if the purchase-money shall exceed the amount payable under the decree, the applicant do pay the amount of the excess to the Sheriff.33. Matters to be specified in Proclamation be ascertained by the Registrar. Powers of Registrar for that purpose. – Where any property is ordered to be sold by public auction in execution of a decree, the ascertainment of the matters required by order XXI, rule 66 of the Code, to be specified in the proclamation issuing under that section, shall be done by the Registrar or such other officer, as shall be named in the order of sale; and the Registrar or such other officer, as the case maybe, shall for that purpose have power to summon any person whom he may think necessary, and examine him in respect of any such matter, and require him to produce any document in his possession or power relating thereto.34. Settlement approval and publication of Proclamation. – Unless otherwise ordered, every proclamation of an intended sale shall be settled and approved by the Registrar, or such other officer as may be named in the order for sale. “Such proclamation (or such portion thereof as the officer shall think necessary)” shall be published in the “Local Official Gazette” and “or” such other public papers, and as often as such officer shall direct having regard to the nature and value of the property to be sold.35. Search for encumbrances and affidavit. – On the settlement of such proclamation, there shall be filed before the officer an affidavit, showing that a search for encumbrances has been made in the officer of the Registrar of Assurances, with the result of such search. Provided that where a search has already been made, and in the opinion of the officer a sufficient affidavit has been filed with the petition for a sale order, any further search or affidavit may be dispensed with.36. Certificate of Registrar as to other prior applications for execution. – Where assets realised in execution are held by the Court, the Registrar shall at the request of the judgment-creditor at whose instance the realization was made, certify what persons have, within 12 years prior to the receipt of such assets (the date whereof shall be furnished by the Sheriff or the Accountant-General as the case may be), applied to the Court for execution of decrees for money against the same judgment-debtor whose applications are subsisting and have Not been satisfied. Should the decree-holder at whose instance the realization was made neglect or refuse to apply for the certificate, any other person entitled to share in the assets shall be at liberty to apply for such certificate.37. Application ex parte where No such other applications. – Where the Registrar shall certify that No person has, within 12 years prior to the receipt of such assets, applied to the Court for execution of the decree for money against the judgment-debtor, whose application is subsisting and has Not been satisfied, the decree-holder may at once apply for payment to him of the amount realized, or so much thereof as may be sufficient to satisfy his decree. The application may, unless otherwise ordered, be made ex parte to the Judge in Chambers by petition verified by affidavit.38. Application on summons where there are such other application. Application for rateable distribution on summons. – Where the Registrar shall certify that more persons than one have, within 12 years prior to the receipt of such assets, applied to the Court for execution of decrees for money against the same judgment-debtor whose applications are subsisting and have Not been satisfied, the decree-holder, at whose instance the realization was made, or, where such decree-holder neglects or refuses to do so, any other person entitled to share in the assets, may apply for an order for rateable distribution of such assets among all such persons. The application shall be made on summons to the judgment-debtor and to the persons mentioned in the certificates referred to in rule 39, calling upon them, if they claim to share in such assets, to attend before the Judge in Chambers on the day named in support of their claims.39. Application for payment or rateable distribution to be supported by three certificates. – The application mentioned in each of the last two preceding rules shall be supported by –

(a) of Accountant General; a certificate of the Accountant-General, stating what money has been received by him and when, also stating all orders or Notices received by him affecting the same;

(b) of the Registrar; a certificate of the Registrar, stating what persons have within 12 years prior to the receipt of the assets applied to the Court for execution of decrees for money against the same judgment-debtor, whose applications are subsisting and have Not been satisfied, and when such applications were made;

(c) of the Sheriff; a certificate of the Sheriff, stating what money has been received by him, and when, and that at the date of such certificate he has No other assets belonging to the judgment-debtor, and also stating all orders or Notices received by him affecting the same, and where there has been a sale of property, whether at the time of the sale such property, or any other property belonging to the judgment-debtor, was affected by any attachment before judgment.

  1. Order on such application. Reference for rateable distribution.– Upon the day named in the summons, the Judge, upon proof of the due service thereof, shall proceed to deal with such claims, and make such order as he deems fit, or he may refer it to an officer to enquire and report what persons are entitled to share, and in what proportions, upon a rateable distribution of the assets held by the Court.41. Issuing of Accountant-General’s certificate discretionary where pay or salary is periodically paid into Court.– Where any portion of the pay or salary of any judgment-debtor is monthly or at other intervals paid into Court, in execution of a decree, the execution-creditor shall Not be entitled to obtain a certificate of the Accountant-General after each of such payments. The issuing of a certificate in such a case shall be in the discretion of the Accountant-General, who shall have regard to the amount due to the execution-creditor, and to other creditors, if any, who are entitled to rateable distribution.42. Officer’s power when making enquiry under order XXI, rules 41 of the Code. – Where the Court or a Judge shall think fit to refer it to the Registrar, or other officer of the Court, to make an enquiry under order XXI, rules 41 of the Code, the Registrar, or other officer as the case may be, shall, for that purpose, have power to summon any person whom he may think necessary, and examine him in respect of the matter of such enquiry, and require him to produce any document in his possession or power relating thereto.43. Application for execution Not proceeded with for 12 months to be set down before a Judge. – Where after an application for execution of a decree No step is taken by the decree-holder to proceed with the execution for a period of 12 months, the matter shall be set down before a Judge in Chambers, on Notice to the applicant and the judgment-debtor against whom the proceedings are being taken, and the Judge may dismiss any application then pending, or, for any sufficient reason, may adjourn the proceedings to a future date. Upon the dismissal of such application, any attachment made or proceedings taken thereunder shall cease, and in the case of a decree transmitted to this Court for execution, a certificate under section 41 of the Code shall be sent to the Court which passed the decree.43A. No satisfaction without Sheriff’s certificate that No poundage due. – No satisfaction in whole or in part of any decree shall be entered upon in the record of any suit or matter without the production of a certificate of the Sheriff that No poundage is due to him.44. Provisions relating to decrees apply to orders. – The provisions of this Chapter relating to decree shall apply to orders with such variations as the circumstances may require.45. Rules applicable to arrest and attachment before judgment. – Rules 15 to 25 shall severally apply mutatis mutandis to warrant of arrest and attachment before judgment.46. Forms. – The Forms to which reference is made in this Chapter are in Appendix E.

CHAPTER XVIII

Garnishee Proceedings

  1. Procedure where debt or moveable property Not in possession of judgment-debtor attached.– The Registrar or Master may, in the case of any debt (Not secured by a negotiable instrument), any moveable property Not in the possession of the judgment-debtor, or any negotiable instrument, which has been attached under order XXI, rule 46 or 51 of the Code, upon the application of the attaching creditor, issue a Notice to any person (hereinafter called the garnishee) liable to pay such debt, or to deliver or account for such moveable property, or liable on such negotiable instrument to such judgment-debtor, calling upon him to deliver to the Sheriff the debt due from or the property deliverable by him to such judgment-debtor, or so much thereof as may be sufficient to satisfy the decree and the costs of execution, or otherwise to appear before the Judge in Chambers and show cause why he should Not make such payment or deliver such property.2. Procedure where garnishee does Not forthwith pay amount, etc.– Where the garnishee does Not forthwith pay or deliver to the Sheriff the amount due from or the property deliverable by him to the judgment-debtor, or so much as may be sufficient to satisfy the decree and the costs of execution, and does Not dispute his liability to pay such debt or deliver such movable property, or where he does Not appear in answer to the Notice, then the Judge may order the garnishee to pay or deliver in terms of such Notice, and on such order execution may issue as though such order were a decree against him.3. Procedure where garnishee disputes his liability. – Where the garnishee disputes his liability the Judge, instead of making such order, may order that any issue or question necessary for determining his liability be tried as though it where an issue in a suit; and upon the determination of such issue shall pass such order upon the Notice as shall be just.4. Procedure where debt or property belongs to a third person. – Where in any proceedings under this Chapter it is suggested, or appears to the Judge to be probable, that the debt or property attached or sought to be attached belongs to some third person, or that any third person has a lien or charge upon, or an interest in it, the Judge may order such third person to appear and state the nature of his claim (if any) upon such debt or property, and prove the same, if necessary.5. Order to be made on hearing such person. – After hearing such third person, and any other person who may subsequently be ordered to appear, or in the case of such third or other person Not appearing when ordered, the Judge may pass such order as is hereinbefore provided, or make such other order as he shall think fit, upon such terms, in all cases with respect to the lien, charge or interest (if any) of such third or other person as to such Judge shall seem just and reasonable.6. Payment or delivery under order to be a valid discharge. – Payment or delivery made by the garnishee on a Notice under rule 1, or under any such order as aforesaid, or under an execution levied upon him, shall be a valid discharge to the garnishee as against the judgment-debtor, and any other person ordered to appear as aforesaid, for the amount paid, delivered or levied, although such order or the judgment may be set aside or reversed.7. Attachment of debts owing from a firm. – Debts owing from a firm carrying on business within the ordinary original civil jurisdiction of this Court may be attached under this Chapter, although one or more members of such firm may be resident out of the jurisdiction: provided that any person having the control or management of the partnership business or any member of the firm within the jurisdiction is served with the garnishee order. An appearance by any member pursuant to an order shall be a sufficient appearance by the firm.8. Costs to be in discretion of Judge. – The costs of any application under this Chapter and of any proceedings arising therefrom or incidental thereto, and of any order made thereon, shall be in the discretion of the Judge.9. Orders appealable. – Orders made under this Chapter shall be appealable as other orders made in execution.10. Form. – The Form to which reference is made in this Chapter is in Appendix E.

CHAPTER XIX

Minors and Persons of Unsound Mind

  1. Affidavit by next friend. Order of appointment Not to be drawn up.– Where a suit is instituted in the name of a minor, the next friend shall make an affidavit to be presented with the plaint in the suit, that he has No interest directly or indirectly adverse to that of the minor, and that he is otherwise a fit and proper person to act as such next friend. The age of the minor shall also be stated. No order appointing the next friend by whom the suit is to be instituted shall be drawn up.2. Provisions applicable to minors and persons of unsound mind.– The provisions contained in this Chapter as also the provisions contained in order 32 of the Code, so far as they are respectively applicable, shall extend to all suits, applications or matters to which a minor, or a person adjudged to be of unsound mind, or a person who, though Not so adjudged, is found by the Court on inquiry, by reason of unsoundness of mind or mental infirmity, to be incapable of protecting his interest, is a party.3. Procedure for enquiry as to unsoundness of mind. – The inquiry referred to in the last part of rule 2 shall be made by a Judge at the time of the presentation of the plaint or application as the case may be; the application therefor being by verified petition and it must also be proved by the affidavit of a medical man or other person qualified to give the evidence that the person who is said to be of unsound mind is actually in that condition and incapable of protecting his interests.4. No change of attorney without order, when minor attains majority. – A minor, on attaining majority, save where he proposes Not to proceed with the suit under the provisions of order XXXII, rule 12 of the Code, or to repudiate the suit under the provisions of rule 13 of that Order, shall Not be allowed to appear by another Advocate acting on the Original Side unless he has obtained an order to change his Advocate acting on the Original Side.5. Payment or delivery to Court Receiver. – Where a decree or order, Not solely for costs of suit, has been made by the Court, under which any sum of money or any other property shall be payable to or receivable by a minor, or a person of unsound mind Not so found by inquisition, every such sum of money or property shall, unless the Court shall otherwise order, such order being expressly recorded in the proceedings, be paid or delivered to the Receiver of the Court whose duty it shall be to receive or realise, or obtain possession of and hold the same on behalf of such infant or person of unsound mind.

CHAPTER XX

Motions and rules nisi

  1. Hearing of motions in suits.– One or more days in the week shall, from time to time, be fixed for the hearing of motions by the Court or Courts taking motions. Motions shall ordinarily be made to such Court or Courts on the days so fixed.2.Repealed as from the 13th November, 1922.3. Applications on motion after Notice. Ex parte orders. – Except where otherwise provided by Statute or prescribed by these rules, all applications, which in accordance with these rules canNot be made in Chambers, shall be made on motion after Notice to the parties affected thereby, unless, according to the practice existing at the time of the passing of these rules, an order might be made absolute ex parte in the first instance; but the Court, where satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make any order, ex parte, upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Court may think just, and any party affected by such order may move to set it aside.4. Title, contents and signature of Notices of motions. – A Notice of motion shall be intituled in the suit or matter in which the application is intended to be made and shall state the time and place of application, [and] the nature of the order asked for, with a Note at foot specifying the grounds to be used in support of the application. It shall be addressed to the party or parties intended to be affected by it and their Advocate acting on the Original Side or Advocates acting on the Original Side (if any), including the Caveator (if any) who has lodged a caveate under section 148A of the Code and shall be signed by the Advocate acting on the Original Side of the party moving, or the party himself where he acts in person.4A. Numbering. – Where the Notice of motion seeks an order in the alternative or on more than one point, the Notice shall be drawn up with the different points consecutively numbered.5. Rule nisi; title and contents. – A rule nisi shall be intituled in the suit or matter in which it is granted, and shall state the affidavit or affidavits read, the day on which cause is to be shown, and the nature of the order asked for.6. Rule nisi; four clear days’ Notice to show cause. Filing of rule nisi; Filing of affidavits in answer or reply.– Where a rule nisi is granted by the Court, a day shall be fixed for the hearing thereof and, unless the Court gives special directions to the contrary, there shall be at least four clear days between the service of the rule nisi and the day named, for showing cause against the rule. The rule nisi together with the affidavit or affidavits of service thereof shall be filed in the Registrar’s office immediately after service thereof, but Not less than two days before the day named for showing cause. Affidavits in answer or reply shall be filed in the Registrar’s office Not later than 4 p.m. on the day preceding the day named for showing cause, or, where such day is a Monday, Not later than 1 p.m. on the previous Saturday.7. Four clear days’ Notice for motion. Filing of Notice. Filing of affidavits in answer or reply. – Unless the Court or a Judge ‘gives special leave to the contrary, there shall be at least four clear days between the service of a Notice of motion and the day named for bringing on the motion. The Notice of motion together with the affidavit or affidavits of service shall be filed in the Registrar’s Office immediately after service of the Notice, but Not less than four days before the day named for bringing on the motion. Affidavits in answer or reply shall be filed in the Registrar’s office Not later than 4 p.m. on the day preceding the day named for the hearing, or, where such day is a Monday, Not later than 1 p.m. on the previous Saturday.7A. Notice of motion to come first. – In attaching the Notice of motion to the affidavit of service, the documents shall be so arranged that the Notice of motion comes first.8. Special leave for short Notice. Provisions in such cases. – Leave under the rule 7 to give short Notice of motion may be obtained ex parte from a Judge, and where granted, the words “By special leave” shall be written on the Notice and signed by the principal officer in attendance. In such a case, the provisions contained in the rule 7, of this Chapter as to the filing of Notice of motion and affidavits shall apply, save that the same shall be filed Not later than the next day after service of the Notice.9. Notice of grounds to be given. Supply of copies of grounds upon payment. – Notice shall be given to the opposite party or parties or to the person-who has lodged a caveat of all grounds intended to be used in support of or in opposition to, any rule or motion, and copies of such grounds, other than of proceeding already filed in this Court in the same suit or matter, shall be supplied to any party or caveator requiring the same, upon payment of the usual charges.10. What grounds need Not be filed. – It shall Not be necessary to file any grounds in support of, or in opposition to, any rule, motion or petition which are already on the file of the Court.11. What affidavits shall Not be used or allowed on taxation. – Except by leave of Court, No affidavit in support of the application beyond those read in the rule nisi or specified in the Notice of motion as the case may be Nor any affidavit in answer or reply filed later than the time prescribed in rules 6, 7 and 8, shall be used at the hearing or allowed on taxation.12. No order for costs unless asked for, in Notice or rules against party Not appearing. – Unless costs are asked for in a Notice of motion or rule nisi, No order for costs shall be made against a party who does Not appear.13. Costs of motion or rule in other cases. – Except as provided in the last rule, or unless otherwise ordered, the costs of a motion or rule, in a suit or proceeding shall be treated as costs in the suit or proceeding.14. Motions or rules in the peremptory list how to be called on. Consequence of Non-appearance of parties.– Every Notice of motion and every rule nisi shall be called on in its order in the peremptory list of motions. Where, when the motion or rule nisi is called on, neither party appears, the motion or rule shall be passed over until the list has been called through. The motions or rules passed over shall then be called on a second time in their order. Where neither party appears to a motion or rule so called on, it shall be dismissed or discharged.15. Adjournment of motion or rule. – No adjournment of a motion or rule in the peremptory list of motions shall be granted, except upon affidavit showing sufficient grounds for such adjournment, provided that the Court may, on the first day of hearing of a motion or rule, grant an adjournment (for the convenience of Advocates), where all parties consent thereto, and No grounds further than the statement of Advocates shall in such case be required.A motion or rule so adjourned shall be marked “adjourned,” and shall take precedence of other motions and rules on the peremptory list of motions which are Not so marked.16. Consequence of Non-appearance of party moving and appearance of opposite party. – Where the party giving Notice or obtaining the rule does Not appear, but the opposite party does appear, the Court may dismiss the motion or discharge the rule, or make such other order as to the Court may seem fit.17. Consequence of Non-compliance with provisions of rules 6, 7 and 8 as to filing. – In the event of Non-compliance with the provisions of rule 6 as to the filing of the rule and affidavit or affidavits of service, or in the event of Non-compliance with the provisions of rules 7 and 8 as to the filing of the Notice of motion, and affidavit or affidavits of service the rule or motion, as the case may be, shall Not, without the leave of the Registrar, be set down in the peremptory list of motions under rule 29 of Chapter X.

CHAPTER XXA

Caveat

  1. Caveats to lodge under section 148A, C.P.C.– All Caveats intended to be lodged under section 148A of the Code of Civil Procedure shall be in Form No. 1 and be filed in the office of the Registrar.2. Address within local limits to be furnished.– Any party intending to lodge a Caveat shall furnish therein an address within the local limits of this Court to be called his address for service. Unless otherwise ordered, Notice under sub-section (3) of section 148A shall be deemed to have been duly served on him, if sent at his said address for service under Rule 5 hereunder. In case the party resides at an address Not being the address for service as aforesaid he shall also furnish in the Caveat the address where he actually resides.3. Caveat to be lodged before officer deputed by the Registrar. – All Caveats under the preceding rule shall be lodged before the Officer to be deputed by the Registrar, who shall forthwith put thereon the date of lodging the Caveat with his initial and such Caveat shall then and there be entered in the Register maintained in the office of the Registrar.4. Certificate to be obtained from Registrar. – Any party to a suit or proceeding may obtain a certificate from the office of the Registrar as to the filing or Non-filing of the Caveat under these rules on payment of fees prescribed in the Rules for issuing certificate.5. Application should be included by affidavits. – Not with-standing anything contained in any other rule every application which may include Affidavits and/or Petitions intended to be used in support of any Rule or Motion or Summons (Not being an originating summons) in a suit or proceeding shall, unless otherwise ordered, be filed before the officer deputed by the Registrar to receive the Caveat under Rule 3 of this Chapter and such application shall contain a statement whether the applicant has received any Notice under sub-section (2) of section 148A of the Code and if so, whether the applicant has supplied copy of the said application with copies of papers and documents, if any, to the Caveator in terms of subsection (4) of section 148A of the Code. Upon receipt of such an application, the officer shall immediately ascertain and make an endorsement on its back as to whether any Caveat has been lodged in that respect. In case, any Caveat is found to have been lodged Notice of the application in Form No. 2 shall forthwith be given to the Caveator and unless otherwise ordered such Notice shall be given within 3 days from the date of filing of the application. All such Notice shall unless otherwise ordered be sent to the Caveator by registered post as well as under certificate of posting. Provided that such Notice shall be served upon the Advocate on record of the party in case such Caveat is lodged by the party through his Advocate on record and such service shall be deemed to be proper service on the Caveator.5A. Exemptions. – The provisions contained in Rule 5 shall, however, Not apply to any of the following applications:1. Application for an order for discovery of documents.2. Application for particulars and inspection.3. Application for amendment of pleadings.4. Application for extension of time fixed by the Court.5. Application for leave to serve the writ of summons upon partner and/or persons having control and management of the defendant firm under Order 30, Rules 3 and 5 of Civil Procedure Code.6. Application for subpoena.7. Application for substituted service.8. Application for fresh writ of summons.9. Application for final judgment under Chapter 13A of the High Court Original Side Rules.10. Application in which No relief is asked for against any party and/or person but for direction to proceed with a suit or matter.11. Application to sue the Receiver.12. Application for leave to execute the decree against the property lying in the hands of the Receiver.13. Any other application where the Court directs that the provisions contained in Rule 5 will Not be applicable.6. Application to be produced before Court/Registrar/Master. – Application filed under Rule 5 of this Chapter shall be produced before the Court or the Registrar or the Master, as the case may be, on proper intimation being given to the office of the Registrar for such production.7. Service of Notice upon Caveator. – Where a Caveat has been lodged in respect of any application, mentioned in Rule 3, the applicant shall serve the Notice or the summons, as the case may be, upon the Caveator inForming the Caveator of the returnable date of the Notice or the summons.8. Court to serve Notice upon Caveator. – Notwithstanding anything contained in these rules or any other rules in this regard, if a Caveat is found to have been lodged in respect of any application, Notice or summons as the case may be, the same shall Not unless otherwise ordered be taken out by the applicant before the expiry of five days from the date of filing the said application in order to enable the Court to serve Notice upon the Caveator under sub-section (3) of section 148A of the Code.9. Forms. – The Forms to which reference is made in this Chapter are in Appendix E I.

CHAPTER XXI

Receivers

  1. Application of provisions of Chapter XX.– The provisions of Chapter XX shall, with such changes as may be necessary, apply to applications and orders for appointment of interim Receivers.2. Application for appointment of Receiver.– Application for the appointment of a Receiver of property the subject-matter of a suit shall be made to the Court. In other cases, a Receiver may be appointed by a Judge where the matter is one usually dealt with in Chambers.3. Office Copy of Order to be filed in Account Department. – The party obtaining the order of appointment shall, within one week from the filing of the order, file an office copy thereof in the Account Department of the Registrar’s office; whereupon an entry shall be made in a register, to be kept for the purpose, of the contents of such order and the particulars of the name of such Receiver. and conditions, if any, under which he has been appointed, and the dates on which he is required by the order to file his accounts.4. Receivers (other than Official Receiver) and security. – Where an order is made directing a Receiver (other than the Official Receiver) to be appointed, the person so appointed shall, unless otherwise ordered, first furnish security to the satisfaction of the Registrar, to account at such time, and in respect of such period as may be directed for all that shall come into his possession as such Receiver, and to pay the same as the Court or a Judge shall direct. In the event of security being furnished by the execution of a Bond with a Guarantee Society as the surety, the Bond shall be in Form No. 3, Appendix F, and in cases where the bond is in excess of the limit mentioned under Rule 16 of Chapter XXXV in like Form as nearly as may be with such variation as the circumstances of the case may require.5. Direction in order of appointment as to Receiver’s powers. – In every order directing the appointment of a Receiver of immoveable property, there shall, unless otherwise ordered, be inserted the following directions: –

(a) that the Receiver shall have all the powers provided for in Order XL, rule 1(d) of the Code, except that he shall Not, without the leave of the Court (1) grant leases for a term exceeding three years, or (2) bring suits except suits for rent or ejectment where the rents are in arrears for more than two months, or (3) institute an appeal in any Court (except from a decree in a rent suit or ejectment suit) where the value of appeal is over Rs. 1,000, or (4) expend on the repairs of any property in any period of two years, more than half of the net annual rental of the property to be repaired, such rental being calculated at the amount at which the property to be repaired would let when in a fair state of repair less outgoings in respect of municipal taxes, either owner’s or occupier’s share or both shares, revenue, cess, ground or other rents and proportionate collection charges, if any, payable in respect of the property; and

(b) that the Receiver shall have power to expend on the repair of any property of such nature as would Not ordinarily be let, such amount as may be decided on at a meeting convened in his office after service of Notice to the parties, if appearing in person, or their attorneys, as the case maybe, and in the event of there being any disagreement between the Receiver and the parties or their attorneys or any of them, the Receiver shall apply to the Judge for directions on Notice to the parties, the costs of such application being in the discretion of the Judge.

  1. Receiver’s remuneration and expenses of management.– A Receiver, other than the Official Receiver, shall be allowed such remuneration as the Court or a Judge shall direct. A Receiver may, in special cases, be allowed the necessary expenses of management.7. Form of order of appointment.– The order appointing a Receiver shall be in Form No. 1, or as the Court or a Judge may direct.8. Establishment, inclusion of details (in order if possible). – The establishment, clerical or otherwise, required by a Receiver, and the cost thereof chargeable to the estate or property of which he is appointed Receiver, shall, if possible be detailed in the order.9. Establishment charges on account of, and procedure to be adopted. – A Receiver, shall, Normally, Not be allowed to make any charge on account of establishment, but if the Receiver is of opinion that it is necessary in the interest of an estate that he should engage durwans, sircars or other servants he shall be at liberty to do so, but in that event he shall within seven days of any such engagement give Notice to the attorneys for the parties, or to the parties themselves if appearing in person, that such engagements have been made. The Notice shall contain the names of each and every servant so engaged and the purpose, and the terms, of his or their engagement. The Receiver shall with such Notice include Notice of a meeting to be held at his office (Not later than 14 days from the date of the Notice) when the question of the engagement of the servant or servants will be discussed.10. Meeting between Receiver and parties. – If at the meeting convened in accordance with the last mentioned rule it shall be decided that the employment of such servant or servants is unnecessary, the Receiver shall forthwith dispense with the services of the servant or servants so engaged. In the event of there being any disagreement between the Receiver and the parties, or should any party object to the engagement of the said servant or servants, or any of them and the Receiver should still be of the opinion that the retention of the servant or servants, is necessary in the interests of the estate, the Receiver shall forthwith make an application to the Judge on Notice to the parties for permission to employ such servant or servants.11. Hearing of application. – At the hearing of the said application the Judge shall determine whether the engagement of such servant or servants is necessary and should the Judge be of the opinion that the objection to the same has been made on insufficient grounds, the Judge may direct that the party so objecting shall bear the costs of the application.12. Receiver to submit statement to Court – out of estate, and costs, unless Judge otherwise directs.-In the event of No objection being made to the employment of the servant or servants so engaged as aforesaid, the Receiver shall prepare a statement for submission to the Judge setting out the particulars mentioned in Rule 9 and such statement shall be submitted through the Registrar to the Senior Judge sitting on the Original Side for his confirmation of the engagement of the servant or servants.13. Power of Receiver to pay wages. – A Receiver shall be entitled to pay out of the estate the wages and other expenses of, and incidental to, the engagement of the servant or servants, and also the costs of any application which may be made to the Judge, unless the Judge is of the opinion that the engagement of such servant or servants has been unreasonable, in which case the Judge may direct that the Receiver shall personally bear such costs as have been incurred and the wages of the servant or servants engaged by him.14. Application for directions. – An application for directions relating to the management and disposal of property in the possession of a Receiver may be made by him, where such directions have been agreed to between him and the parties if appearing in person, or their Advocates acting on the Original Side as the case may be, at a meeting convened by him, by a letter addressed to the Registrar stating full particulars and annexing thereto a copy of the minutes of such meeting certified to be a true copy by him under his hand. Upon receipt of such letter the Registrar shall submit the same to the Judge, who may make such orders thereon as to him shall seem fit, or may direct an application to be made in Chambers on Notice to the parties. In the event of there being any disagreement between the Receiver and the parties or their Advocates acting on the Original Side or any of them with regard to such directions, an application shall be made by the Receiver to the Judge on Notice to the parties.15. Receivers to file and pass accounts. – Every order appointing a Receiver shall, unless otherwise ordered, contain a direction that the Receiver do file and submit for passing half yearly.accounts in the office of the Registrar. Such accounts shall be made out as at the end of the months of June and December in every year, and shall be filed during the months of July and January respectively. In the event of it appearing to the Court or the Judge that annual accounts would be sufficient, the Court or the Judge may direct that the Receiver shall file annual accounts only which shall be made up to the 31st day of December in every year and be filed in the succeeding month of January.Provided that every such order appointing the Official Receiver, High Court, shall, unless otherwise ordered, contain a direction that the Official Receiver do file and submit for passing annual accounts which shall be made up to the 31st day of December in every year and be filed in the following month of March.Provided further that for the aforesaid purpose, the accounts shall be maintained by the Official Receiver in separate books for each separate estate.16. Mofussil properties. – In the event of a Receiver being appointed of any zemindary or other property in the mofussil, the Receiver shall be responsible only to the extent of the sum or sums of money actually received by him. The Receiver shall only be entitled to charge him commission on the sum or sums so received by him. Nothing herein contained shall be construed as exempting the Receiver from being sued or proceeded against in respect of claims for loss or damage to the estate arising from negligence on the part of the Receiver, or failure on his part to collect or recover assets, which by the exercise of due care and attention, ought to have been recovered.17. Accounts, what to show. – Unless otherwise ordered every such account shall show what the balance in hand is, whether any, and if any, what portion thereof is required for the purpose of the estate, and how much may be paid into Court, and shall be filed in the Account Department of the Registrar’s office, together with an affidavit verifying the same in Form No. 2.18. Accounts to be examined. – Every such account, before being submitted to the Judge, shall be examined and vouched by such officer, ordinarily one of the Assistant Registrars of the Court, as the Registrar may either generally from time to time, or particularly with reference to a particular estate or account, appoint for that purpose. Such officer shall have all the powers of officers of the Court to whom references are made, and may require the attendance of the Receiver or his explanations, or his evidence upon oath or affirmation, or the production of any document by him, and shall embody the result of his examination in a certificate.18A. In the event of the Receiver being unable to solve and satisfy the queries or objections to any accounts filed by him by production of necessary vouchers or other supporting documents within a fortnight from the date of a Notice to be given to him in this regard, or within any extended date, the Registrar shall put up the matter before the Court or a Judge for direction and the Court or a Judge may make such order as it or he may think fit and proper and, if so ordered, the Receiver may be made personally liable to pay the expenses mentioned in such accounts which canNot be accounted for and the Receiver may, in the discretion of the Court or a Judge, be discharged in respect of the estate or property concerned.19. Appointment for passing accounts. – After the officer shall have completed his examination under the last rule, he shall obtain an appointment from the Judge in Chambers for passing such accounts, of which appointment, Notice shall be given to the parties and to the Receiver.20. Objections to account to be filed. – Objections to an account shall be filed in the Account Department of the Registrar’s office, one week before the day fixed for the passing of the accounts, or within such further time as may be allowed by the Judge. They shall contain in a concise Form the nature of the objections, and shall be signed and verified in the Form prescribed for the signing and verification of pleadings.21. Passing of accounts. – Where No objections are filed, or taken by the examining officer, the Judge shall, where otherwise satisfied, pass such accounts. Where objections are filed or taken by the examining officer, the Judge, upon hearing such objections, shall make such order as may be proper.21A. Notwithstanding the passing of any of such accounts, it shall be open to the Court or a Judge to reopen such accounts on proper grounds upon a report of the Registrar as to any irregularity, omission or commission in respect thereof, or otherwise, and the Receiver may be dealt with in the same manner as in Rule 18A.22. Order as to payment of balance. – The Judge, on the passing of the accounts may make such order as to the payment of the balance, appearing due on the accounts, or any part thereof, either into Court or in such other manner as may seem proper.23. Procedure as to hearing of objections. – The Judge may, from time to time, adjourn the hearing of any objections, or may either hear such objections or refer them to an officer of the Court or to any other person, with such directions as may to the Judge seem fit.24. Consequences of Receiver’s neglect to file his accounts. ,Disallowance of remuneration. – Where any Receiver shall neglect to file his accounts, or to pass the same, or to pay the balance or any part thereof as ordered, the matter shall be reported by the officer mentioned in Rule 18 to the Registrar, who may of his own motion, or shall, on the application of any of the parties interested, certify to the Judge such neglect, and the Judge may, from time to time, when the accounts of such Receiver are produced to be examined and passed, Not only disallow the remuneration therein claimed by such Receiver, but also charge him with interest at the rate of six per cent. per annum upon the balance, if any, so neglected to be paid by him during the time the same shall appear to have remained in the hands of such Receiver.25. Consequences of default by Receiver. – Where any Receiver fails to file any account or affidavit, or to pass such account, or to make any payment, or otherwise the Receiver or the parties, or any of them may be required by Notice to attend before the Judge to show cause why such account or affidavit has Not been left, or such account passed, or such payment made, or any other proper proceeding taken, and thereupon such directions as shall be proper may be given including the discharge of any Receiver and appointment of another and payment of costs.26. Rules applicable to Manager or Guardian. – Rules 15 and 17 to 25 shall apply to a Manager or Guardian of the estate of a minor, and a Manager of the property of a lunatic appointed by the Court.27. Sale of property outside Calcutta to be Notified. – Where any estate or share of an estate situate outside Calcutta has been sold by a Receiver, such sale shall be Notified by such Receiver to the Collector of the district in which such estate or share of estate is situated.28. Forms. – The Forms to which reference is made in this Chapter are those in Appendix F.

CHAPTER XXII

Commissions to Examine Witnesses

  1. Application for commission. Forms of order and writ.– An application for the issue of a commission under order XXVI, rule 1 or 4 of the Code, may be by summons in Chambers to all parties who have appeared, orex parte where there has been No appearance. The order for such commission shall be in Form No. 1 and the writ of commission shall be in Form No. 2.2. Directions to a Commissioner to examine witnesses. English dates required. – The Commissioner appointed to examine witnesses, in taking an examination, shall have regard to the provisions of the Indian Evidence Act; and shall, in case the Advocate or other person examining the witness, press any question which such Commissioner shall have disallowed, record such question and the answer thereto, but the same shall Not be admitted as evidence unless the Court or the Judge before whom the deposition is put in evidence shall so direct. Where times or dates according to any other than the Christian era are mentioned, the Commissioner is required to add the Christian era corresponding thereto.3. Powers of Commissioner as to admissibility and disallowance. – (1) The Judge may, when the Commission is Not one for examination on interrogatories, order that the Commissioner shall have all the powers of a Court under Chapter X of the Indian Evidence Act, to decide questions as to the admissibility of evidence and to disallow any question put to a witness examined under the Commission.(2) Copy pleadings and issues to be annexed to Commission. – Unless otherwise ordered, the party at whose instance a Commission is ordered, to issue under sub-rule (1) shall lodge in Court copies of the pleadings in the case and the issues framed, if any, within twenty-four hours of the making of such order, and such copies shall be annexed to the Commission when issued. In default of the party complying with such direction, the Judge may recall the order for the issue of the Commission at the instance of any other party interested.(3) Party aggrieved may apply to Judge. – Any party aggrieved by the decision of the Commissioner under sub-rule (1) refusing to admit evidence or to allow a question to be put to the witness, may apply to the Judge to set aside such decision and for directions upon the Commissioner to admit the evidence or to allow the question.(4) Mode of application, effect of order thereon. – Such application shall Not be entertained by the Judge if made later than seven days after the examination of the witness has been closed. It shall be made upon summons to the parties concerned and the Judge after hearing the parties appearing shall make such order as he thinks fit. The order of the Judge in this behalf shall be liable to be questioned on an appeal from the final decree in the suit, in the same manner as if such order was passed during the examination of a witness before the Court itself, but in No other manner.(5) Costs. – The costs of any application made under sub-rule (3) and of any further examination on Commission that may by directed by the Court, shall be in the discretion of the Judge.(6) Commissioner may record evidence disallowed by him. – Notwithstanding anything in these rules, the Commissioner, in the event of the person examining pressing for the answer to any question which the Commissioner under sub-rule (1) shall have disallowed, may record the question and its answer and shall Note his disallowance and the reason for recording the evidence. The Court, when dealing with the evidence on Commission, may make such order it thinks fit as to the costs of the portions of the evidence recorded after such disallowance.4. Deposition to be read over, signed, etc. – After the deposition of any witness shall have been taken down, and before it is signed by him, it shall be distinctly read over, and where necessary, translated to the witness in order that mistakes or omissions may be rectified or supplied. The deposition shall be signed by the witness and left with the Commissioner who shall subscribe his name and date of the examination.5. Typescript copy of evidence to be prepared. – Any party tendering evidence taken on Commission shall prepare a copy of such evidence in typescript for the use of the Court.6. Commission when returnable. – Commissions shall be made returnable within such time as the Court, Judge or Officer shall direct.7. Forms. – The Forms to which reference is made in this Chapter are those in Appendix G.

CHAPTER XXIII

Arbitration

Awards on References to Arbitration in Suits

  1. On submission of award Registrar to give Notice to the parties.– Where an award in a suit has been made and the persons who made it have signed it, they shall cause it to be filed in Court together with any depositions and documents which have been taken and proved before them in accordance with Rule 10 of the Second Schedule of the Code, by forwarding the same (together with the necessary Court fees for filing) under a sealed cover addressed to the Registrar, with a letter requesting that the award be filed.1A. Form.– Where the provisions of Rule 10 of the Second Schedule to the Code and of Rule 1 have been duly complied with, the Registrar shall forthwith file the award and give Notice thereof to the parties, which Notice shall be in Form No. 1 inForming the parties that the Court will proceed to pass judgment on such award on a date to be fixed in the Notice, which date shall be Not less than 10 days from the date of the filing of the said award.No award shall be submitted to the Court otherwise than by being filed in accordance with these rules.2. Submission of draft decree according to award. Disposal of such draft at hearing. – A person desirous of applying to Court under the provisions of the Second Schedule of the Code for judgment in terms of an award may, at least two days before the date fixed for judgment, lodge with the Registrar, for submission to the Court, the draft decree which he considers the award warrants, and shall at the same time serve a copy thereof on any party or parties interested in the said award. At the hearing of the application the Court may adopt, modify or correct such draft, and the decree shall be drawn up accordingly.

Rules under Section 20 of the Indian Arbitration Act IX of 1899

  1. Title of applications, etc.– All applications, affidavits and proceedings under the Act shall be intituled in the matter of the Act, and in the matter of the arbitration.4. What applications shall be by petitions.– All applications under the Act shall, except as hereinafter otherwise provided, be made by petition. The person making any application.shall be called the petitioner, and any person served with Notice thereof a respondent.5. Application under section 12 of the Act may be made by summons. – An application under section 12 of the Act may be made to a Judge or to the Registrar or Master upon summons to all parties interested. Every application under Rule 11 shall be to a Judge. All other applications shall be to the Court.6. Contents of petitions. – Every petition shall be divided into paragraphs numbered consecutively, and shall contain, in a summary Form, a statement of the material facts, and the nature of the relief asked for, and shall specify the persons liable to be affected thereby.7. Upon application other than under section 12 of the Act Notice to be given. – Upon any application under the Act, other than an application under section 12, the Court or Judge as the case may be, shall, except as provided in Rule 15, direct Notice thereof to be given to all persons specified in the petition, as directed in Rule 6, and to such other persons as may seem to the Court or Judge to be liable to be affected by the proceedings, requiring, where necessary, such persons to show cause, within the time specified in the Notice, why the relief sought should Not be granted.8. Statement of special case for Court’s opinion. – The arbitrators or umpire may exercise the power conferred by section 10, clause (b) of the Act, to state a special case for the opinion of the Court, either before the conclusion of any reference or by their or his award.9. Contents of such special case. – Every special case stated under Rule 8 shall contain and contain only ‘a statement, in a summary Form of the material facts and the points for the opinion of the Court.10. Procedure therefor. – Where the arbitrators or umpire state a special case for the opinion of the Court before the conclusion of a reference, they shall transmit the same, or a signed copy thereof, to the Registrar, and shall at the same time give Notice of such transmission to the parties.11. Application for Court’s opinion on special case. Setting down of special case. Opinion may be filed. Office copy thereof with award. – Any party interested may apply for the opinion of the Court upon such special case. The application shall, in the first instance, be to a Judge. Upon the return of the Notice to be issued under Rule 7, the special case shall be set down before the Court on the day fixed by the Notice, on the special peremptory list, for the opinion of the Court on the points stated.The opinion of the Court may be filed by any party to the application, and an office copy thereof taken in the usual way for transmission to the arbitrators or umpire. Such office copy shall be added to and shall Form part of the award.12. Procedure for submitting award to be filed. – Where the arbitrators or umpire have been requested to file the award, they shall cause the award or a signed copy thereof, duly stamped, to be filed in the Court in accordance with section 11(2) of the Act, by forwarding the same (together with the necessary Court fees for filing, and in case of awards in languages other than English, Rs. 2 a folio of 90 words as translation fees) under a sealed cover addressed to the Registrar with a letter requesting that the award be filed.13. Registrar to file award and give Notice. – Where the provisions of the Act and of Rule 12 appear to have been duly complied with, the Registrar shall forthwith file the award, and give Notice thereof to the arbitrators or umpire who shall thereupon Notify the parties as required by section 11(2) of the Act.14. Procedure where special case for opinion is stated in the award. – Where a special case for the opinion of the Court is stated in the award, the Registrar shall, on receipt of the award, place the matter on the special peremptory list before Court No. 1, on the next motion day after the expiry of one week from the receipt of the award, and issue Notice thereof to the parties. The Court shall deliver its opinion on such special case, and such opinion shall be added to and Form part of the award which shall then be filed.15. Stay of proceedings under section 19 of the Act. – The Court may stay proceedings under section 19 of the Act on such terms as it thinks fit but Not without Notice to the opposite party, except where it appears that the object of granting a stay would be defeated by the delay occasioned by the Notice.16. Fees. – The fees in respect of proceedings under the Act shall be according to the table of fees for the Original Side of the Court, as near as the circumstances will permit.17. Form. – The Form to which reference is made in this Chapter is in Appendix H.

CHAPTER XXIV

Money Rules

  1. Application for payment of money, etc., by Accountant-General and other officers.– No decree or order for delivery out of Government or other securities or for payment out of cash in the hands of the Accountant-General of the High Court, the Registrar or the Sheriff, shall be made except upon the certificate of the officer in whose hands such Government or other securities or cash may be, certifying the amount and particulars of the estate in his hands and, where the securities or cash have been realized in execution, upon the certificate of the Sheriff that No poundage is due to him.2. Certificate of such officer.– The certificate in the last preceding rule mentioned may be obtained on a letter signed by the party interested in such Notes or cash or by his attorney, addressed to such officer, requesting such certificate and distinctly stating the interest of the party, and the object for which such certificate is required.3. Written authority of client requisite for payment to Advocate acting on the Original Side. – Unless otherwise ordered by the Court or a Judge No payment in a suit or matter save and except when it is in respect of costs shall be made to an Advocate acting on the Original Side on behalf of his client without the written authority of the client for such payment properly attested.

The Accountant-General, High Court, Original Side, Calcutta

3A. All sums of money required to be paid to or deposited with the Accountant-General of the Court pursuant to any decree or order of the Court or a Judge or under a process or under the Rules of this Court and the Forms thereunder (relating to the Accountant-General of the Court) to the credit of any suit, appeal, matter or other proceedings, shall be paid or deposited by the party or his Advocate in the Reserve Bank of India at Calcutta (hereinafter referred to as the ‘Reserve Bank’) into the account intituled ‘Accountant-General, High Court, Original Side, Calcutta’.3B. Notwithstanding any rules to the contrary, the Accountant-General of the Court, shall open an account with the Reserve Bank under the heading Public Accounts of the State’ under Article 284(b) of the Constitution of India as requested by the letter, dated 7th May 1965, from the Accountant-General, West’ Bengal, to the Registrar, High Court, Original Side.4. Except as provided under Rules 21 and 22, securities for money, ordered to be delivered into Court on account of any suit, appeal, matter or other proceedings, shall be endorsed and delivered, to the Financial Secretary to the Government of West Bengal, for the time being, and the Secretary and Treasurer for the time being, of the State Bank of India (hereinafter referred to as ‘the Bank’) or to such officer or officers as shall for the time being have the custody of the fund of suitors (hereinafter referred to as ‘the custodian officer or officers as aforesaid). Such delivery shall be entered in books to be kept for the purpose by the Bank or the custodian officer or officers as aforesaid in account with the Accountant-General of the Court.4A. The Accountant-General of the Court shall keep, maintain and carry on in his office, books and Registers cause wise in the manner prescribed in Rule 39E containing full and detailed statements of all moneys, effects and securities in each suit, appeal, matter or other proceedings in the funds of suitors.5. Upon all securities for money, brought into Court on account of any suit, appeal, or matter, or other proceedings, or purchased with money in Court on account of any suit, appeal or matter, or other proceedings, the name of such suit, appeal, matter or other proceedings shall be endorsed.6. Except as provided in Rules 21 and 22, the Accountant-General of the Court shall Not meddle with the actual receipt of any money or securities for money, ordered to be paid or delivered into Court on account of any suit, appeal, matter or other proceedings, but shall only keep such accounts as aforesaid.7. Where the Accountant-General of the Court shall entertain doubts as to the true intent or meaning of any decree or order under which he shall be called upon to act in pursuance of these rules, it shall be lawful for him, before issuing a certificate or cheque or draft or pay order to any person or persons, to require such person or persons to apply to the Court, or the Judge in Chambers, for the purpose of obtaining directions respecting the same.8. The same officer to be Accountant-General of the High Court and of the said Court in Insolvency. – The Accountant-General of the High Court shall also be the Accountant-General of the said Court in its Insolvency Jurisdiction.9. Where any cash in deposit in the Reserve Bank in the Personal Ledger Account of the Accountant-General of the Court, on account of any suit, appeal, matter or other proceedings shall exceed Rs. 600 over and above what may be required for periodical or other payments, the Reserve Bank shall, if so ordered by the Court or a Judge, under the direction and with the privity of the Accountant-General of the Court, and subject to the provision contained in Rule 10 hereafter, remit a sufficient amount to the Bank for the purchase of Government Promissory Notes including the Bank’s Commission.9A. When a party to a suit, appeal, matter or other proceedings desires that investment or further investment in the purchase of Government Promissory Notes may be made by the Bank in addition to those already held by the Bank, as there is sufficient fund in the Reserve Bank, an order for investment or further investment shall be obtained by the party from the Court or a Judge directing the Reserve Bank to remit to the Bank, out of the Personal Ledger Account of the Accountant-General of the Court with the Reserve Bank, a sum sufficient for making the investment by purchase of Government Promissory Notes, and to cover the Bank’s Commission.10. The Bank or the custodian officer or officers as aforesaid shall, upon investing any money in the purchase of Government Promissory Notes as provided in Rules 9 and 9A on account of any suit, appeal, matter or other proceedings, cause the same to be entered in the books kept by the Bank or the custodian officer or officers as aforesaid in account with the Accountant-General of the Court, to the credit of such suit, appeal, matter, or other proceedings and shall specify the number, dates and Nominal value of such securities and shall, as soon as possible, furnish to the Accountant-General of the Court details of such entries for being entered in the books kept at his office.11. The Bank or the custodian officer or officers as aforesaid shall receive the sale proceeds, if any, of and all interest accruing upon, the securities for money in deposit in the Bank, or with custodian officer or officers as aforesaid, on account of each and every suit, appeal, matter or other proceedings and after deducting therefrom the commission of the Bank and of the Accountant-General of the Court shall remit such amounts of sale proceeds if any, and interest to the Reserve Bank to the credit of the Personal Ledger Account of the Accountant-General of the Court, with due intimation to the Accountant-General of the Court.12. For transactions done, the Bank shall be entitled to charge commission on the following scale:-(1) On buying and selling securities, ¼ per cent.(2) On drawing interest, ¼ per cent.(3) On delivery of securities, ¼ per cent.(4) On transfer made under order of Court, 50 paise per Note on Notes of less than Rs. 1,000 and Re. 1 per Note on all other Notes.(5) On transfer to new loan, consequent on discharge of loan Re. 1 per 1,000.12A. In respect of the funds of suitors and for transactions done, the Reserve Bank shall be entitled to charge such fees, if any, to which it may be entitled.13. Except as provided in Rules 21 and 22, where the payment of money for investment in G.P. Notes or delivery of securities for money into Court, is made under any decree, order or process, a copy of such decree, order or process countersigned by a Judge, shall be obtained from the Registrar’s office, and carried to the Accountant-General of the Court by the person or persons by whom such payment or delivery into Court is to be made. The Accountant-General, on such copy being produced to him, shall enter the same in his books, and shall mark ‘entered’ at the foot of such copy and subscribe his name thereto, and after entering the particulars of securities for money in the relevant books in his office, shall, by a certificate under his hand, specify the date of the decree, order or process and the particulars of the money, or securities for money to be paid or delivered thereunder, and the name of the suit, appeal, matter or other proceedings, to the account of which the same is to be placed. He shall then deliver such certificate with a copy of the decree, order or process to the person or persons aforesaid who shall take the same, together with the money or securities for money, specified in such certificate to the Bank or the custodian officer or officers as aforesaid. The Bank or the custodian officer or officers as aforesaid shall upon examining such certificate and the copy of the decree, order or process and receiving the said money or securities for money, deliver a receipt for the same in duplicate, signed with his hand and specifying the particulars of the money or securities for money, so received, to the person or persons aforesaid, who shall carry, one of such receipts to the Accountant-General of the Court, and that Officer shall make an entry in his books and file the same in his office as of record.13A. Except as provided in Rules 21 and 22, where money is required to be paid or deposited into Court by any person under any decree, order or process, such person shall present a Lodgment Schedule in the prescribed Form No. 8 to the office of the Accountant-General of the Court for issue of a challan, to enable him to make payment into the Reserve Bank. The Lodgment Schedule shall be accompanied by a certified copy of a decree, order or a process directing such payment or deposit and shall bear a certificate from the Accountant-General of the Court endorsed thereon as to the amount to be paid or deposited and the time within which such payment or deposit is to be made. The Accountant-General of the Court may issue a certificate with reference to the copy of the process or the minutes of the decree or order signed by the Court Officer or the relevant rules under which the money is required to be paid or deposited in Court.13B. On presentation of the Lodgment Schedule, a challan in triplicate, in the prescribed Form No. 9, specifying the amount to be paid or deposited, shall be issued by the office of the Accountant-General of the Court to the person desirous of making the payment or deposit. Such person shall thereafter present the said challan at the Reserve Bank and make the payment or deposit. The Reserve Bank shall receive the payment or deposit, if made or tendered within the date mentioned in the challan as the last date for payment, and or receiving the payment or deposit, shall retain one copy of the challan and return the two other copies, duly signed and dated, ackNowledging receipt of the payment or deposit of the money, to the person making such payment or deposit, and such person shall file one copy of the same in the office of the Accountant-General of the Court on the same date.13C. On production of the copy of the challan returned by the Reserve Bank under the last preceding rule, the person making the payment or the deposit shall be given credit in the books maintained in the office of the Accountant-General of the Court for such payment or deposit made in the Reserve Bank by entering therein the particulars of such payment.14. Except as provided in Rules 23 and 24, where a decree or an order is made for delivery of securities for money out of Court, a copy thereof, countersigned by a Judge, shall be obtained from the Registrar’s Office, and carried to the Accountant-General of the Court by the person or persons to whom such delivery is to be made. The Accountant-General of the Court shall, on such copy being produced before him, enter the same in his books, and mark ‘entered’ at the foot of such copy and subscribe his name thereto, and shall, by a certificate under his hand, specify the date of the decree or order, the particulars of the securities for money, to be delivered out thereunder, and the name of the suit, appeal, matter or other proceedings in which the decree or order has been made, and enter such certificate in his books. He shall, then, having satisfied himself as to the identity of the person or persons to whom delivery under the decree or order is to be made, and upon a proper receipt being given to him, deliver his certificate with the copy of the decree or order, to such person or persons who shall take the same to the Bank or the custodian officer or officers as aforesaid and shall, upon receiving the securities for money specified in such certificate, give a receipt for the same to the Bank or the custodian officer or officers as aforesaid; which decree or order or certificate and receipt shall be sufficient warrant and authority to the Bank or to the custodian officer or officers as aforesaid for delivering the securities for money specified in such certificate as also for writing off the same from the account kept by him with the Accountant-General of the Court.14A (i) Except as provided in Rules 23 and 24 of these rules or any other rules, where a party intends to receive payment out of any money paid or deposited into Court under any decree, order or process he shall apply to the Court or a Judge in Chambers for an order for payment out. Such application shall be accompanied by a certificate of funds to be issued by the Accountant-General of the Court on requisition by a party to the suit, appeal, matter or other proceedings signed by the Accountant-General of the Court showing the amount, if any, standing to the credit of such suit, appeal, matter or other proceedings from which the payment is sought and the claim and attachments, if any, subsisting thereon on the date of such certificate. The party shall thereafter produce before the Accountant-General of the Court a certified copy of decree or order directing such payment out. The office of the Accountant-General of the Court shall make necessary entries in the relevant books of account and register, of the particulars of the decree or order. The Accountant-General of the Court thereafter, shall issue a cheque or draft or pay order on the Reserve Bank in writing drawn by the Accountant-General of the Court in favour of the party or parties to whom such payment is to be made and deliver the same to such party or parties. Such party or parties shall grant a receipt duly signed and endorsed on the certified copy of the decree or order or on the counterfoil of the said cheque or draft or pay order.

(ii) The certificate of fund mentioned in the last preceding sub-rule may also be granted to any person Not a party to the suit, appeal, matter or other proceedings, on his requisition, at the discretion of Gi the Accountant-General of the Court, subject to the order of the Court or a Judge.

14B. The office of the Accountant-General of the Court shall maintain accounts and the office shall be responsible for daily posting of the entries in the books. The office shall further check up and tally all the entries made as aforesaid every month with the monthly ai statements of receipts and payments to be received from the Reserve Bank and the Bank. The Accountant-General of the Court shall certify under his signature every month that the accounts have been duly checked up and tallied.15. Where periodical payments are directed to be made out of any fund in Court, the procedure prescribed by Rule 14A(i) shall be followed with respect to the first of such payments. Every payment after the first shall be made as follows :Upon the application of the person or persons entitled to such payment, the Accountant-General of the Court shall issue a cheque or draft or pay order for the amount upon the Reserve Bank and deliver the same upon such person or persons granting receipts as provided in Rule 14A(0. The Reserve Bank in every such case, shall take and keep the cheque or draft or pay order, and pay the amount specified therein.16. An office copy, countersigned by a Judge, of every decree or order affecting any payment by any previous decree or order directed to be made out of any fund in Court, shall be obtained from the Registrar’s office by the person or persons interested and produced to the Accountant-General of the Court, who shall make an entry thereof in his book, and take necessary action in regard thereto.17. When sums retained for periodical payments to be invested. – Every sum retained in cash to meet periodical payments, unless claimed and taken out within six months of it being so retained may, when the same shall exceed Rs. 600, be invested in the same manner as is provided in Rule 9 for the investment of funds in Court.18. For the purpose of carrying into effect any decree or order for delivery of government securities out of Court, the Bank or the custodian officer or officers as aforesaid with the privity of the Accountant-General of the Court shall be at liberty to sell and subdivide the government securities standing to the credit of such fund or a sufficient portion thereof unless the Court otherwise directs. The sale proceeds shall soon thereafter be remitted to Reserve Bank to the credit of the Personal Ledger Account of the Accountant-General of the Court upon intimation to him.19. Where money or securities for money shall be paid or delivered into Court under Rules 13 and 13A or where the interest shall be received under Rule 11, the Bank or the custodian officer or officers as aforesaid, and the Reserve Bank shall debit the commission payable thereon to the Accountant-General of the Court in the account of such money, securities for money, or interest and shall credit the amount in the commission account of the Accountant-General of the Court.20. The Bank or the custodian officer or officers as aforesaid and the Reserve Bank shall at the commencement of every quarter, transfer to the Government account at the Reserve Bank the amount placed to the credit of the commission account of the Accountant-General of the Court during the previous quarter. On such transfer being made, the Bank or the custodian officer or officers as aforesaid and the Reserve Bank shall Notify the same to the Accountant-General of West Bengal under intimation to the Accountant-General of the Court.21. Fines to be paid into the Government account at the Reserve Bank of India. And accounted for to the Financial Secretary. – Where fines are imposed by the Court or monies are recovered from sureties on recognisances escheated by order of the Court the same shall be paid to the Accountant-General of the Court, and shall by him be paid into the Government account at the Reserve Bank of India, less awards to prosecutors. The Accountant-General of the Court, shall, at the commencement of every quarter, deliver to the Financial Secretary to the Government of West Bengal for the time being an account of the fines realised and compensation to prosecutors awarded out of them.22. Save as provided in the last preceding rule, all sums of money or securities for money, to be paid or delivered into Court on account of any matter in the Original Criminal Jurisdiction shall be paid or delivered by the person or persons by whom such payment or delivery is to be made direct into the Reserve Bank or the Bank or the custodian officer or officers as aforesaid to the Personal Ledger Account of the Accountant-General of the Court in the Reserve Bank or to the account of the Accountant-General of the Court in the Bank, as the case may be, by his description of office, in addition to his name, such securities, for money being first endorsed by the person or persons aforesaid to the Accountant-General of the Court by his description of office in addition to his name.23. Where an order is made for the payment out of any money deposited in Court under the last preceding rule, such payment shall be made by means of a cheque or draft or pay order in writing drawn by the Accountant-General of the Court on the Reserve Bank in favour of the person or persons to whom such payment is to be made. Such cheque or draft, pay order shall be signed by the Accountant-General of the Court in his own name, coupled with his official description.23A. Unless otherwise provided in these rules or any other rules No money or securities shall be paid or delivered out of the funds lying to the credit of any suit, appeal, matter or proceedings without an order of Court.24. Where an order is made for the delivery out of any securities for money deposited in Court under Rule 22, the Accountant-General of the Court shall, by means of a certificate, take out such securities from the Bank and shall endorse and deliver the same to the person or persons to whom such delivery is to be made.25. Quarterly Account of deposits made under rule 22. Order for investment. – The Accountant-General of the Court shall, at the commencement of every quarter, deliver to the Chief Justice an account of all deposits made in the Court’s Original Criminal Jurisdiction and the Chief Justice shall make such order as to the investment of the uninvested deposits, or otherwise, as to him shall seem fit.26. Where payment or delivery of any money or securities for money, is directed to be made out of Court to persons as partners, suing or sued, as such, the Accountant-General’s cheque or draft or certificate, as the case may be, for the same, may be issued to any such partners.27. Where payment or delivery of any money, or securities for money is directed to be made out of Court to the legal personal representatives of any person, the cheque, draft or certificate, as the case may be of the Accountant-General of the Court for the same or for any portion thereof, for the time being, remaining unpaid or undelivered, may, upon proof to the Accountant-General of the Court of the death of any such legal personal representatives, whether before, on or after the date of the decree or order, be issued to the survivor or survivors of them.28. Order to a person or his personal representatives. – Where payment or delivery of any money, or securities for money, is directed to be made out of Court to any person named in the decree or order, or his legal personal representatives, the same, or any portion thereof for the time being remaining unpaid or undelivered, may, upon proof to the Accountant-General of the death of such person, whether before, on, or after the day of the date of the decree or order, be issued to such legal representatives or the survivor or survivors of them.29. Insufficient representation. – Unless otherwise ordered, payment or delivery of money, or securities for money under either of the last two preceding rules, shall Not be made to a personal representative constituted under a foreign grant of probate or letters of administration, or to an administrator ad litem.30. Where any person, to whom payment or delivery of any money, or securities for money, is directed to be made out of Court, by a power of Advocate acting on the Original Side authorising such payment or delivery to be made to some other person or persons, and such power is produced to the Accountant-General of the Court, that officer shall satisfy himself as to the sufficiency of the power, and as to whether it has been duly stamped and executed. If satisfied that it is in all respects proper to be acted upon, he shall cause an entry thereof to be made in his books and mark ‘entered’ at the foot or on the back thereof and authenticate the same with his initials. He shall then deliver the same, together with his cheque or draft or certificate, as the case may be, to the person named therein, having first satisfied himself as to his identity.31. Repealed with effect from 15th March, 1937.32. Any person having an interest may, as of course upon payment of the established fees, obtain from the Accountant-General of the Court a certificate of the state of any account in his books, or of the Non-compliance with any decree or order directing the payment or delivery into the Court of money, or securities for money or a copy of any account in the books of the office relating to the funds in any suit, appeal, matter or other proceedings.33. The Accountant-General’s books to be open to inspection. – All the books of the Accountant-General of the Court, as well as those in which orders or certificates are entered as those in which the accounts are kept, shall, at all times during office hours, be open to the inspection of suitors, or their Advocates acting on the Original Side upon payment of the established fees.34. Every officer to report quarterly as to his sureties. – Every officer of the High Court including the Insolvency Jurisdiction thereof, required to give security for the due perFormance of his duties, or for any money, or securities for money, in any way in his official possession, shall, at the commencement of every quarter, report to the Chief Justice whether his sureties are living, and, if living, where they are, and whether to his belief they are solvent.35. And to report immediately the death or insolvency of any surety. – Where any surety or sureties for any such officer as aforesaid shall die, or become insolvent, the officer for whom he or they was or is, or were or are, surety or sureties, shall immediately Notify the same in writing to the Chief Justice, who shall thereupon make such order for the substitution of a new surety, or new sureties, as to him shall seem fit.

The Registrar, High Court, Original Side

  1. Deposit on sale by the Registrar.– Where upon a sale by or with the approval of the Registrar, a deposit is required to be made by the purchaser, the same shall be made with the Registrar.37. Government securities.– Where the amount to be deposited shall consist partly or wholly of Government securities, such securities shall be endorsed by the person making the deposit to the Registrar by his description of office, in addition to his name, in the suit or matter in which the same shall have been made.38. Deposit on sale to be forthwith lodged in the Bank. – The Registrar shall, as soon as possible after the receipt by him of any securities for money, under the last preceding rule, deposit the same in the Bank in an account to be opened by him in his name and description of office, and entitled “Sale Deposit Account” and enter the same in his books to the credit of the suit or matter in which such securities for money, shall be received by him as aforesaid.39. Other deposits with the Registrar to be made direct into the Bank. – Where any other deposit required to be made with the Registrar on account of any suit or matter, is made by way of securities for money, the same shall be delivered by the person or persons making the deposit to the Registrar, after the securities for money have been first endorsed by the person or persons aforesaid to the Registrar by his description of office in addition to his name. The Registrar shall enter the same in his books to the credit of the suit or matter in which such securities for money, shall be received, and then deposit the same in the Bank for credit to the appropriate General Account in the Bank, in his name and description of office.39A. Where any money is required to be paid to or deposited with the Reigtrar pursuant to the decree or order of the Court or a Judge or under the rules of this Court (except the deposit under Rule 36) to the credit of any suit, appeal, matter or other proceeding the same shall be paid by the party or his Advocate acting on the Original Side into the Reserve Bank of India at Calcutta (hereinafter referred to as the “Reserve Bank”) into the account entitled “Registrar, High Court, Original Side, Calcutta”.39B. Any person required to pay or deposit money to or with the Registrar shall present a Lodgment Schedule in the prescribed Form No. 5 to the Accountant for issue of a challan to enable him to make the payment into the Reserve Bank. The lodgment schedule shall be accompanied by a certified copy of the decree or order directing the payment or shall bear a certificate from the Registrar endorsed thereon as to the amount to be paid and the time within which the payment is to be made. The Registrar may issue a certificate or reference to the copy of the minutes of the decree or order signed by the Court Officer or the relevant rules under which the money is required to be paid to or deposited with the Registrar.39C. On presentation of the Lodgment Schedule, a challan in duplicate in the prescribed Form No. 6 specifying the amount to be paid or deposited and the date within which it should be paid or deposited shall be issued by the Accountant to the person desirous of making the payment who shall thereupon present the same at the Reserve Bank and make the payment. The Reserve Bank shall on receiving the payment retain one copy of the challan and return the other copy, duly signed and dated ackNowledging receipt of the money, to the person making the payment who shall produce the same in the Registrar’s office on the same date. The Reserve Bank shall Not accept the payment if the amount is tendered beyond the date mentioned in the challan as the last date for payment.39D. On production of the copy of the challan duly signed and ackNowledged by the Reserve Bank as aforesaid, the person making the payment shall be given credit in the books maintained in the Cash Department of the Court for the amount paid into the Reserve Bank entering therein the particulars of the payment. A receipt signed by the Registrar shall thereafter be issued to the party and the said challan shall be retained in the Cash Department of the Court.39E. The Accountant shall keep a register cause wise of all money, effects and securities of the suitors of the Court, which shall be ordered or required by these rules or any other rules to be paid or delivered to or by the Registrar. The purpose for which the deposit is made and the orders of attachment received, if any, of the funds, shall be duly entered in the register. Unless otherwise provided in these rules or any other rules No money or securities shall be paid out of the funds lying to the credit of any suit, appeal, matter or proceedings without an order of Court. The Registrar shall, on requisition by a party to the suit, appeal, matter or proceedings to the credit of which the fund is lying, issue a certificate of such fund. Such certificate may also be granted to any person Not a party to the suit, appeal, matter or proceedings on his requisition at the descretion of the Registrar subject to. order of the Court or a Judge.39F. When any money is deposited with the Registrar upon sale by him under Rule 36 the Registrar, shall as soon as possible after the receipt by him of such money deposit the same in the Reserve Bank with the challan in duplicate in manner prescribed in the preceding rules.39G. Except as otherwise provided in these rules or any other rules where a party seeks payment out of any money paid to or deposited with the Registrar as aforesaid, he shall apply to the Court or Judge in Chambers for an order for payment. The application shall be accompanied by a certificate of funds signed by the Registrar showing the amount, if any, standing to the credit of any suit, appeal, matter or other proceedings from which payment out is sought and the claims and attachments, if any, subsisting thereon on the date of the certificate.39H. The Accountant shall check and tally the accounts maintained in the Cash Department every month with the monthly statements of receipts and payments to be received from the Reserve Bank and the Registrar shall certify under his signature every month that the accounts have been duly checked and tallied.40. When a decree or order is made by the Court or a Judge for payment of money by the Registrar out of the funds lying in the account of the Registrar to the credit of any suit, appeal, matter or other proceedings, the person in whose favour the decree or order is made shall produce before the Registrar a certified copy of such decree or order. The Registrar shall send such certified copy of the decree or order to the Accountant who shall make the necessary entries of the particulars of the decree or order in the relevant books of account and issue a cheque or pay order in writing drawn by the Registrar in favour of the person or persons to whom such payment is to be made and deliver the same to such person or persons. Such person or persons shall grant a receipt duly signed and endorsed on the certified copy of the decree or order.41. Delivery out of securities deposited with the Registrar. – Where an order is made for the delivery out of any securities for money deposited with the Registrar as aforesaid, that officer shall, by means of a certificate, take out such securities from the Bank and shall endorse and deliver the same to account of any sale by that officer, or as security for costs.42. What deposits to be made with the Registrar. – Unless for special reasons otherwise ordered, or unless otherwise prescribed, No deposits shall be made with the Registrar other than deposits on account of any sale by that officer, or as security for costs, or under Rule 43 of this Chapter or deposits required to be made under sub-sections (1) and (2) of section 17 of the West Bengal Premises Tenancy Act, 1956.42A. A deposit under section 17(1) of the West Bengal Premises Tenancy Act shall be made upon the requisition in writing in Form No. 7 to the Registrar with such variations of the said Form No. 7 as may be necessary in view of the provisions contained in section 17(1) of the West Bengal Premises Tenancy Act, 1956.42B. Notice of a deposit made under section 17 of the West Bengal Premises Tenancy Act, 1956, shall be issued by the Registrar and shall contain particulars of the deposit as furnished by the person making the deposit under section 17(1) of the West Bengal Premises Tenancy Act, 1956. Such Notice shall be served forthwith on the plaintiff in the manner prescribed for service of Notice by the defendant or his Advocate acting on the Original Side and shall be filed with an affidavit of service thereof.42C. If there is any dispute as to the amount of rent payable by the tenant, the tenant shall within the time specified in section 17(1) of the West Bengal Premises Tenancy Act, 1956, upon a requisition in writing in Form No. 7 with such variations as are appropriate in view of the provisions of sub-sections (1) and (2) of section 17 of the said Act deposit the amount admitted by him to be due from him together with an application by the tenant for determination of the amount of rent payable by him. Upon the deposit being made, the Registrar shall make an endorsement to that effect on the back sheet of the application and thereafter the Registrar shall issue a Notice to the parties intimating them that the application will be placed before the Judge-in-Chambers on the date mentioned in the Notice for necessary orders.43. Deposit by defendant of amount in satisfaction of claim. – (1) In any suit to recover a debt or damages, the defendant may, at any stage of the suit, after entering appearance, deposit with the Registrar in the manner prescribed in Rules 39A and 39B above with such variation as the circumstances may require such a sum of money as he considers a satisfaction in full of the claim, or (where several causes of action are joined in one suit), such sum or sums of money as he considers to be satisfaction in full of one or more of the causes of action. Such deposit shall be made upon requisition in writing in Form No. 1 to the Registrar specifying whether the payment is in satisfaction in full of the claim or in satisfaction of one or more of the causes of action and, in the latter case, the particular cause or causes of action and the sum paid in respect of each such cause of action, and stating whether liability is admitted or denied.(2) Notice. – Notice of such deposit as aforesaid shall be issued by the Registrar in Form No. 2 and shall contain the particulars specified in the above sub-rule (1) and shall be served on the plaintiff, in the manner prescribed for service of Notices, by the defendant or his Advocate acting on the Original Side and shall be filed with an affidavit of service thereof.44. Plaintiff may accept and take out money deposited with admission of liability. – Where money is deposited by the defendant as aforesaid with admission of liability, the plaintiff may within seven days of the receipt of the Notice of deposit or, where more than one deposit has been made, within seven days of the receipt of the Notice of the last deposit, accept the whole sum or any one or more of the specified sums in satisfaction in full or part of the claim or in satisfaction in full or part of the cause or causes of action to which the specified sum or sums relate, by giving Notice to the defendant in Form No. 3, and the plaintiff may apply within twenty-one days from the date of the service of such Notice (Form No. 3) for payment of such accepted sum or sums to him upon requisition in writing to the Registrar in Form No. 4 and with the consent of the defendant or his Advocate acting on the Original Side, if any, endorsed thereon, or by filing an affidavit of service of the said Notice (Form No. 3), together with a certificate of the Registrar certifying the amount or amounts of the deposit in his hands and that No attachment affecting the same or any order restraining payment thereof or Notice of any claim by any person to the amount or amounts has been served on him, and thereupon the Registrar, after satisfying himself that the plaintiff is entitled to such payment and as to his identity and upon a proper receipt being given to him by the plaintiff, shall pay the amount or amounts to the plaintiff.45. Plaintiff may accept and take out money deposited with denial of liability. – Where money is deposited by the defendant as aforesaid with denial of liability, the plaintiff may; within seven days of the receipt of the Notice of the deposit, or where more than one deposit has been made within seven days of the receipt of the Notice of the last deposit, accept the sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause or causes of action to which the specified sum or sums relate, by giving Notice to the defendant in Form No. 3, Notwithstanding the defendant’s denial of liability, whereupon all further proceedings in respect of such claim or cause or causes of action, except as to costs, shall be stayed, and the plaintiff may apply within twenty-one days from the date of the service of such Notice (Form No. 3) for payment to him of such accepted sum or sums upon requisition in writing to the Registrar in Form No. 4 and with the consent of the defendant or his Advocate acting on the Original Side if any, endorsed thereon, or by filing an affidavit of service of the said Notice in Form No. 3, together with a certificate of the Registrar certifying the amount or amounts of the deposit in his hands and that No attachment affecting the same or any order restraining payment thereof or Notice of any claim by any person to the amount or amounts has been served on him, and thereupon the Registrar, after satisfying himself that the plaintiff is entitled to such payment and as to his identity and upon a proper receipt being given to him by the plaintiff, shall pay the amount or amounts to the plaintiff.46. Payment of amount deposited upon order of Court or a Judge. – Save as aforesaid payment of the amount or amounts deposited under the above Rule 43(1) shall Not be made to any party except upon an order of the Court or a Judge.47. When plaintiff is liable to pay costs. – (a) Where money is deposited as aforesaid by the defendant with admission of liability and the plaintiff accepts the sum or any one or more of the specified sums in satisfaction in part only of his claim or cause or causes of action to which the specified sum or sums relate and proceeds with his suit, for the balance, or where money is deposited as aforesaid with denial of liability and the plaintiff does Not accept the amount or amounts in satisfaction of his claim or cause or causes of action to which the specified amount or amounts relate and proceeds with his suit in respect of such claim or cause or causes of action, or any part thereof, and if the Court decides that such deposit or deposits by the defendant was or were in full satisfaction of the plaintiff’s claim or the specified cause or causes of action, the plaintiff shall, unless otherwise ordered by the Court, pay the costs of the suit incurred after the deposit or deposits in regard to the claim or the particular cause or causes of action, as the case may be, and the costs incurred previous thereto so far as they were caused by excess in the plaintiff’s claim.

(b) Procedure to be followed where plaintiff accepts amount in satisfaction in full. – Where the plaintiff accepts the amount or amounts deposited as aforesaid by the defendant, whether with admission or denial of liability, in satisfaction in full of his claim or in satisfaction of the cause or causes of action to which the specified sum or sums relate, he shall present to the Court a statement to that effect, and such statement shall be filed and the Court shall proNounce judgment accordingly; and in directing by whom the costs of each party are to be paid in regard to such claim or cause or causes of action, as the case may be, the Court shall consider which of the parties is most to blame for the litigation with respect to the claim or the particular cause or causes of action.

  1. Order for payment of balance of purchase-money to include direction for transfer of deposit with the Registrar. Registrar’s commission on sale to be retained.– Where a purchaser at a sale by the Registrar shall obtain an order for the payment into Court of the balance of his purchase-money, the order shall be drawn up with a direction for the transfer by the Registrar of the amount deposited with him on account of the purchase-money less his commission (unless the same shall have been already paid), to the custodian officer or officers as aforesaid, with the privity of the Accountant-General of the Court to the credit of the suit or matter to the credit of which the balance of the purchase-money is to be paid.49. And transferred into the Government account at the Reserve Bank of India.– The Registrar’s commission, where retained as aforesaid shall be transferred by him into the Government account at the Reserve Bank and such transfer shall be Notified by him to the Accountant-General of the Government of West Bengal.50. Preparation of trial balance sheet by the Registrar. – The Registrar shall once a year at a time to be fixed by the Chief Justice prepare a Trial Balance Sheet showing the amounts standing to the credits of the various individual accounts held by him, and also all Government securities or other securities, etc., in his custody on the 31st March of that year. The Registrar shall submit the Trial Balance Sheet to the Chief Justice who will make such order in regard to the same as he shall think fit.50A. Notwithstanding any order made, the Registrar of this Court may from time to time, and shall, when the aggregate amount of lapsed deposits exceeds a sum of Rs. 10,000, make an application to the Court for the transfer of all securities and sums of money deposited in the course of suits in this High Court which have been in such deposit for a period of 20 years or upwards without any claim thereto having been made and allowed during that period, and which have become transferable and /or payable to the State Government under the provisions of the Unclaimed Deposits Act (XXV of 1866), to the State Government, in accordance with the provisions of the said Act. The Registrar shall cause a Notice of such an application to be published in the Calcutta Gazette or in such other manner as may be ordered, at least six weeks prior to the making of the application and shall also give Notice thereof to the Solicitor for the Government of West Bengal. The cost of and incidental to the making of the application and the drawing up of the order shall come out of the lapsed funds proportionately, unless otherwise ordered.51. Forms. – The Forms to which reference is made in this Chapter are in Appendix H 1.51A. Notwithstanding any rules to the contrary the Registrar, Original Side, shall open an account with the Reserve Bank of India under the heading “Public accounts of the State” under Article 284(b) of the Constitution of India and as requested by the letter from the Accountant-General, West Bengal, to the Registrar, Original Side, dated the 7th May, 1965.52. If in any decree or order passed before the appointed day, the words ‘the State Bank of India’ appear and if such decree or order has Not been given effect to, the same shall be read as ‘Reserve Bank of India’ instead of ‘the State Bank of India’. ‘Appointed day’ – means the day following after two months from the date of publication of these Rules in the Calcutta Gazette.

CHAPTER XXV

The Sheriff

  1. Office hours.– The office hours in the Sheriff’s office shall be the same as those prescribed for the office hours of the Original Side.2. Noting of date on writ or process and endorsements thereon.– The Sheriff shall Note on every writ or process the date on which it was delivered to him and shall endorse thereon the day and the manner in which it was executed or the reason why it was Not executed and shall return the writ or process with such endorsement to the office of the Registrar. Where the writ or process is returned after the expiry of the returnable date thereof, the Sheriff shall also by such endorsement submit his explanation for the delay. Where the Registrar, on consideration of the explanation, is satisfied that the delay in the return could be avoided by the Sheriff with due diligence, he shall with his Note submit the matter to the Judge for orders.3. No process to be executed during the Durga Pooja. – No process of the Court in any civil suit or matter whatsoever shall be executed against the person of any Hindu during the four days of the Hindu festival called the Durga Pooja.4. Translation of summons etc., where necessary. – Where the writ of summons or other process has to be served or executed on any person, Not being a European, or certified by the Advocate acting on the Original Side issuing the summons or process to be acquainted with the English language, the Sheriff shall, at the time of such service or execution likewise serve such person with a true translation, in the vernacular language with which such person is familiar, of such writ or other process and of any endorsement that may be thereon respectively; and where on the execution of any warrant or order of attachment against the houses, lands or tenements of any person, it is necessary to affix a copy thereof, shall, if such person be Not a European or certified as aforesaid, cause to be affixed, in some conspicuous place on the premises, a true translation of such warrant or order in the vernacular language with which such person is familiar.5. Release of person and property attached before judgment. – Any person arrested and any property attached before judgment shall be released from such arrest and attachment by the Sheriff immediately on his being served with a certificate issued by the Registrar that sufficient security has been taken by the officer.6. Copy of order withdrawing attachment to be filed. – In every case in which an order to withdraw an attachment is made, the Advocate acting on the Original Side or party at whose instance the same is made shall file an office copy thereof in the Sheriff’s office.7. Sale of immoveable property subject to certain conditions. – Every sale of immoveable property by the Sheriff shall be made subject to the following conditions, viz :First. – The highest bidder shall be the purchaser. Where any dispute arises as to the last or highest bidding for any lot, the same shall be put up again at the last undisputed bidding.Second. – The purchaser shall deposit immediately twenty-five per cent. on the amount of his bid, and in default, the property shall forthwith be again put up for sale.Third. – The balance of the purchase-money shall be paid by the purchaser before the closing of the Sheriff’s office on the fifteenth day from the day of sale, or where the fifteenth day is a Sunday or other close holiday, then on the first office day after the fifteenth day, and in default of payment within such period, the deposit, after defraying expenses of the sale, may be forfeited and the property shall be re¬sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold. Where the proceeds of the re-sale are less than the price bid by such defaulting purchaser, the difference shall be leviable from him under the rules contained in Order XXI of the Code for the execution of a decree for money.Fourth. – The right, title and interest only of the said……………….. in the above described property is sold by the Sheriff.Fifth. – The sale is made under and subject to all other provisions contained in the Code of Civil Procedure relative to sales in execution of decrees.8. Sale of moveable property subject to certain conditions. – Every sale of moveable property by the Sheriff shall be made subject to the following conditions, viz. –First. – Terms cash.Second. – All lots to be at the risk and expense of the purchasers from the time of sale, and to be removed by them with all faults and errors of description immediately after the sale.Third. – Should any mistake be made in describing any articles, such mistake will Not be held to vitiate or affect the sale, of such lot in any way, it being understood that intending purchasers should satisfy themselves on all points before purchasing, and No dispute shall be entertained after the sale.9. Search for writ or process. – No person whomsoever shall be permitted to search the Sheriff’s office, for any writ of execution, or for any mesne process except an Advocate acting on the Original Side of this Court, Nor such Advocate acting on the Original Side unless he shall undertake to appear for the judgment-debtor, or perForm the exigency of the writ, as the case shall require.10. Sheriff to furnish inventory of goods seized on payments of fees. – The Sheriff shall deliver a true copy of the inventory of any goods seized by virtue of any writ or order of this Court, subscribed with his name, to the party or his Advocate acting on the Original Side requiring the same, on payment of such fee as by the table of fees is required.11. Retiring Sheriff to deliver list of prisoners and a list of unreturned writs, etc.; and an account of property and effects taken in execution and of all necessary particulars and all prisoners, writs, etc., goods etc., books, etc. – Every Sheriff shall, at the expiration of his office, deliver under his hand a list of all prisoners in his custody to the succeeding Sheriff, with the cause of their detention stated therein; and in like manner, under his hand, a list of all writs, precepts, orders and processes remaining in his hands unreturned, whether unexecuted, or partly executed or wholly executed but Not returned, with an account contained therein of what may have been done under such of the same as shall have been executed in the whole or in part; and in like manner, an account under his hand of all lands, houses or other buildings, goods, money or other property or effects, moveable or immoveable, then in his possession by virtue of such writs, precepts, orders and processes as aforesaid, together with an account of all such particulars as may be necessary to explain to the said succeeding Sheriff, the several matters relating to the said writs, precepts, orders and processes, lands, houses, or other buildings, goods, money or other property or effects, intended and hereby directed to be transferred to such succeeding Sheriff; and shall at the same time or as soon after as the same can conveniently be done, deliver over and transfer to the said succeeding Sheriff all such prisoners, writs, precepts, orders and processes, and all such lands, houses or other buildings, goods, money or other property or effects, and all records, books, writings, matters and things appertaining to said Office of Sheriff.12. Retiring Sheriff to have access to records, etc. – Every Sheriff who has retired from office may have access to any records, books, writings, matters and things made over by him under the last preceding rule to the Sheriff who succeeded him, at all reasonable times, without payment of any fee.

Subsistence Allowance

  1. Subsistence allowance to be paid to Sheriff.– Subsistence allowance payable into Court under order XXI, rrule 39(1) of the Code, shall be paid to the Sheriff.14. To be accounted for if debtor Not arrested or committed.– Subsistence allowance paid to the Sheriff prior to the arrest of a judgment-debtor, shall be accounted for to the decree-holder, if the judgment-debtor shall Not be arrested, or having been arrested shall be released without being committed to Jail.15. Balance of subsistence allowance paid prior to arrest how to be dealt with. – Where a judgment-debtor is committed to Jail, if there shall remain any balance of the subsistence allowance paid prior to his arrest, such balance shall be deemed to be a payment in part of the first payment of the monthly allowance payable for his subsistence in Jail.16. Sums paid to Sheriff to be forwarded to Superintendent, Presidency Jail. – All sums paid to the Sheriff for the subsistence of the judgment-debtor in Jail shall be forthwith forwarded by him to the Superintendent of the Presidency Jail.17. Sheriff to keep an account, Inspection thereof. – An account shall be kept by the Sheriff of all subsistence allowance paid to him, and such account may be inspected during office hours by any person having an interest.

Additional Deposits.

17A. (i) In addition to the sums initially deposited, the Sheriff may from time to time ask for a deposit in advance of such further sums on account of fees and charges as may reasonably be required for the service of any writ or process or the execution of any decree or order or for the continuance of an attachment or of a seizure of moveable property, including in both cases charges for the custody of the property and, in the latter case, those for the maintenance, repairs or disposal of the property, where necessary.

(ii) In case of a default in making an additional deposit so asked for, the Sheriff may make a report there as to the Registrar and the Registrar shall, on receipt of such report, place the same before the Court or a Judge for such directions or orders as to the Court or Judge may seem fit.

The Deputy Sheriff

  1. Sheriff includes the Deputy Sheriff, etc.– In this Chapter the term Sheriff shall include the Deputy Sheriff or other Officer who may be appointed to execute the process of the Court.

CHAPTER XXVI

Reference Rules

  1. Two classes of reference.– References shall be divided into two classes, “Urgent” and “Ordinary”.2. Urgent reference.– References which are of an urgent nature or which can be quickly concluded shall be deemed “Urgent References” and shall include the following : –

(a) Accounts in mortgage suits,

(b) Sales by the Registrar, including examination of title settlement of Notifications of sale and conditions of sale,

(c) The settlement of proclamations, of conveyances or other documents,

(d) Inquiries under order XXI, rule 41 of the Code or under section 90 of the Probate and Administration Act or section 31 of the Guardians and Wards Act,

(e) Inquiries as to what would be proper to be allowed for maintenance or marriage expenses,

(f) Inquiries as to whether proposed terms of any agreement or compromise with reference to a suit would be for the benefit of a minor,

(g) Inquiries as to the appointment or fitness of persons to act as next friends, guardians, Trustees, Receivers, or Managers of lunatics,

(h) Such other inquiries and references as may be ordered by the Court or a Judge to be treated as urgent.

All other references shall be deemed “Ordinary References”.2A. Save in the cases of references mentioned in items Nos. (a) and (b) and settlement of conveyances and other documents mentioned in item (c) of Rule 2 above, all references whether urgent or ordinary may be allocated by the Registrar to any officer Not below the rank of Assistant Registrars, for hearing:Provided however, that in case any reference is directed to be heard by the Registrar personally such reference canNot be allocated to any officer by the Registrar except with the previous permission of the Hon’ble Judge giving the direction.3. Ordinary reference may be treated as urgent by order and vice versa. – The Court or a Judge may order any ordinary reference to be treated as an urgent reference and vice versa and such order may be made upon representation, in writing, by the Registrar or other officer before whom the reference is pending with the consent of or upon Notice to all parties concerned.4. Office copy of decree or order of reference, when, where and by whom to be filed. – An office copy of every decree or order directing a reference shall be filed in the Accounts Department of the Registrar’s office by the party having the carriage of the reference within a week after the filing of the decree or order, and in default, may be filed in the Accounts Department by any other party within a week thereafter.5. No office copy to be received after time. – No office copy of a decree or order of reference shall be received after the period prescribed by Rule 4, except under an order of a Judge:Provided that, where the delay is due to the time taken in securing an office copy from the Court (the party or his Advocate acting on the Original Side Not being in default), such office copies may be filed with the leave of the Registrar.6. General Reference List. – On such office copy being filed in the Accounts Department the suit or matter shall be entered in a list to be called “The General List of References” which shall set forth, under appropriate headings, the number and title of the suit or matter, the date on which the copy of the decree or order was filed in the Accounts Department, the name of the Advocate acting on the Original Side for each party, the name of the officer before whom the reference is to be prosecuted and whether it is an urgent or an ordinary reference.7. Where reference may be proceeded with before office copy filed. – A reference may, where so directed by the Court or a Judge, or in a case of urgency, where the officer thinks fit, be proceeded with before the office copy has been filed under Rule 4.8. Application that suit be dismissed or discontinued for want of prosecution. – Where No steps are taken within 30 days to apply for and file a decree or order of reference, or where No office copy thereof is filed in the Accounts Department within the time prescribed by Rule 4 or within such further time as may have been allowed, any party may apply to a Judge by summons that the suit be dismissed for want of prosecution or that all further proceedings under the reference be stayed or such order made as to the Judge shall seem fit.9. General list of references to be published. – Lists of pending references of every description shall be published from time to time in such manner as the Registrar shall determine.10. Each day’s cause list to contain list of references for that day. Divided into classes. – The printed cause list for each day shall contain a list (divided into two parts) of the references for hearing on that day by the officer before whom such references are pending, the first part to consist of urgent and the second part of ordinary references and also a list of references (if any) for directions.11. No reference to be placed in list until ripe for hearing. – No reference shall be placed in the list of references for the day for hearing, until deemed to be ripe for hearing by the officer before whom it is pending.12. When ordinary reference to be deemed ripe for hearing. – A reference shall be deemed ripe for hearing when the points in issue have been ascertained and recorded or when, for special reasons, any particular account or enquiry has been ordered or directed to be set down for disposal.13. Each reference to be taken in its turn. – Each reference on the list for the day for hearing shall, unless otherwise ordered by the Court or a Judge, be taken in its turn and shall be continued, from day to day, until concluded, urgent references being taken in priority to ordinary references.14. When reference may be postponed. – Any reference may be postponed:-

(a) by order of the Court or a Judge,

(b) being on the list of the day for hearing, by the officer, under circumstances which would justify the postponement or adjournment of a suit,

(c) Not being on the list for the day for hearing, at the discretion of the officer.

  1. Reference may be recalled.– Where the Court or a Judge is of opinion that any reference pending before any officer should be heard by the Court itself or by a Judge, or by some other officer, it or he may make such order as may be necessary for the purpose aforesaid.16. Conclusion of an unfinished reference by another officer.– Where an officer is prevented by death, transfer or other cause from concluding a reference, his successor or such other officer as may be empowered by the Chief Justice may proceed with the reference from the stage at which it has been left, and may for that purpose deal with any evidence taken or minutes recorded by such officer, as if the same had been taken or recorded by himself.17. Mode of proceeding. – The mode of proceeding before an officer on a reference shall be by summons (Form No. 1) to be taken out by the party having the carriage of the reference appointing a time for the purpose of taking into consideration the matter of the decree or order directing the reference.18. Summons by whom prepared, etc. – Every such summons shall be prepared and signed by the officer to whom the reference is directed.19. Summons on whom to be served. Length of service. – The summons shall, unless otherwise ordered, be served upon all parties to the suit or proceeding, including those against whom the decree or order has been madeex parte, and, except when otherwise directed, shall be served seven days before the return thereof.20. Service. – The summons shall be served upon parties who are represented by Advocate acting on the Original Side, by the party having carriage of the proceedings, or by his Advocate acting on the Original Side, by delivering a copy thereof to the Advocate acting on the Original Side of any appearing party, or to a clerk in such Advocate’s acting on the Original Side employ at his place of business, and upon the parties who are Not so represented by an Advocate acting on the Original Side, in the manner provided by the rules for the service of process, unless an officer otherwise directs.21. Proof of service. – The service of such summons,……………….. shall, where necessary, be proved in like manner as the service of process.22. Preliminary directions. – Upon the return of the summons, the officer shall proceed to regulate, as far as may be, the manner of the execution of the decree or order of reference, and shall give such directions as may be necessary, and a day or days shall be appointed for the further attendance of the parties, and all such directions may afterwards be varied or added to, as may be found necessary.23. How enforced. – In cases where it is Not expedient or practicable for the officer to proceed by reason of the refusal or neglect of a party to carry out his directions, the adverse party, upon summons in Chambers and the officer’s certificate of the fact may apply for an order that the party served do carry out the directions within a certain time, or that a writ of attachment may issue against him on default and the Judge shall thereupon make such order as to him may seem proper.24. Minute book. – In a minute book to be kept for that purpose in each case, there shall be entered the time when a copy of the decree or order directing the reference was received and filed, the directions given under Rule 22, the proceedings taken under the decree or order, the time occupied at each meeting, the attendance or Non-attendance of the parties, with a short statement of the questions or points decided.25. Where matter adjourned, parties to attend without summons. – Where on the day appointed for the hearing the reference is Not disposed of, the parties shall attend, without a further summons, at such times to which the further consideration of the reference is adjourned. Where such further consideration is Not adjourned to any specified time a further summons shall be issued.26. Proceeding on default of party summoned. – Where any party being duly served fails to attend the meeting or any adjournment thereof, the officer may proceed ex parte as regards him, and may direct 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 or may make such other order as to costs as to him may seem meet.27. Proceeding on default of filing statement of account, etc. – Where a party has made default in filing any statement of account, objection, surcharge or in doing or perForming any act which he has been directed to do or perForm, the officer shall be at liberty to proceed ex parte as regards such party as though he had Not appeared, or he may adjourn the meeting or direct any other party to file a statement of account, or proceed to determine the reference on the evidence before him, or strike the same out of his list of references or make such other order including directions as to costs as, under the circumstances, he thinks fit.28. Reconsideration of proceeding on default. – Any proceeding, order or direction under the last three preceding rules shall Not be reconsidered unless the officer, upon a special application made to him for that purpose, within one week, by the party who was absent or in default, is satisfied that such party was Not guilty of wilful delay or negligence. In such case the costs occasioned by his Non-attendance or by his default shall be in the discretion of the officer, who may thereupon assess the same and direct them to be paid by the party or his Advocate acting on the Original Side before he is permitted to have such proceeding, order or direction reconsidered, or may make such other order as to such costs as to him may seem meet, and may, where the reference has been struck out of his list restore the same.29. Enforcement of payment under order for costs. – Where the officer directs any costs or fees to be paid, and it is necessary to enforce payment an order for that purpose must be obtained from a Judge in Chambers. Application for such order may be made on petition without Notice, supported by a certificate of the officer. The order shall contain a direction for the payment of the costs of obtaining it, and of execution.30. Managing and articled clerk when may appear and act. – Managing and articled clerks of Advocates acting on the Original Side may, on the written authority of their employers appear and act for their employers in any reference before an officer for which such authority is given, but the officer may require the attendance of the Advocates acting on the Original Side on the record or advocate instructed by him, whenever he thinks fit. The officer shall have power, subject to an appeal to the Judge in Chambers, to exclude from the aforesaid privilege any clerk whom he may consider incompetent, or to have abused such privilege.31. Disallowance of fee for Non-attendance of Advocate acting on the Original Side, etc. – The usual fee, for the attendance of the Advocate acting on the Original Side at any meeting on a reference, shall Not be allowed by the Taxing Officer unless the name, or that of a competent person on his behalf appears in the minute book.32. Accounts to be verified by affidavit. Form of such account. – Unless otherwise directed, every account, where filed by the accounting party, shall be verified by his affidavit, unless such account has been already scheduled to the plaint or written statement, in which case a copy of such scheduled account shall be filed with a continuation thereof verified as aforesaid. Such account shall be in the Form of a debtor and creditor account, and shall truly set forth all sums received by the accounting party. The items on each side of the account shall be numbered consecutively, the items on the credit side showing when, to whom and for what purpose such sums were paid, and the account shall be annexed to the affidavit as an exhibit.33. Taking account. – In taking any account directed by any decree or order to be taken, the items on the debit side of the account shall be charged to the accounting party; and unless otherwise directed, the items on the credit side of the account shall be vouched by receipts or other satisfactory evidence of payment, except of sums Not exceeding Rs. 20 provided it shall appear by the affidavit or affirmation in verification of the account, or other affidavit or affirmation, when, to whom and for what such sums were paid.34. Mode of vouching accounts. – Upon the taking of an account the Court, Judge or officer may direct that the vouchers shall be produced at the office of the Advocate acting on the Original Side of the accounting party, or at any other convenient place, and that only such items as may be contested or surcharged shall be brought before the officer.35. Objection to account. – Unless otherwise directed, every objection to an account, either by way of charge or disallowance, shall be made by a statement verified by the affidavit or affirmation of the objecting party, setting forth, as far as practicable, the particulars of the amount sought to be charged, or the allowance of which is objected to, and the reasons therefor and every item objected to in an account shall be referred to by its number.36. Just allowances. – In taking any account directed by any decree or order, all just allowances shall be made without any direction for that purpose in such decree or order.37. Statement of facts. – Where the object of the reference is an inquiry as to matters of fact, a statement of fact shall be filed.38. Proposal. – Where the reference directs the settlement of a scheme, a draft of the proposed scheme shall be filed. Unless otherwise directed, where the reference directs the appointment of a receiver, manager or trustee, an affidavit of the fitness of any person proposed shall be filed and wherever security is required to be given by the receiver or manager with respect to property, a statement of its value or income shall be filed.39. Counter-statement. – Every objection to a statement of facts shall be made by a counter-statement.40. Verification of statement or counter-statement. – Every statement or counter-statement of facts shall be verified by affidavit.41. Further account, etc. – Where any account, statement of objections, or any statement or counter-statement of facts, required to be filed on a reference, is Not in accordance with these rules or with the directions given, or where the affidavit in verification thereof be insufficient, a further account, statement, counter-statement or affidavit may be called for and the officer may give such directions as to the payment of any costs thrown away as he may think fit.42. Notice of account, etc. Furnishing copy. – The party filing any account or statement of objections or any proposal or any statement or counter-statement of facts shall, upon the day of filing the same, give Notice thereof to the opposite party, and where so required furnish any other party with a copy of the same on the usual terms.43. Costs when objections improperly made. – Any party improperly objecting to an account or statement of facts shall be liable to pay, as between Advocate acting on the Original Side and client, the costs occasioned by the subsequent proof and also such costs for delaying the reference as the Court or a Judge may direct.44. UNofficial translation. – A party shall beat liberty to furnish to the officer an uNofficial translation of any exhibit put in before him. Should the correctness of any such uNofficial translation be challenged the officer may, on reference to a sworn Interpreting Officer (Court) and Translator of the Court decide the point and amend the translation, if necessary, or may require the document, or any portion of it, to be officially translated.45. Vernacular documents Not to be accepted without translation. – No vernacular document or entry shall be accepted in evidence except with a translation thereof.46. Costs of adjournment for want of translation. – The costs of any adjournment occasioned by the absence of translation shall, unless otherwise directed, be paid by the party in default.47. Settlement of points in issue. – Where the directions given under Rule 22 have been carried out and the accounts and statements filed as directed, the officer shall proceed to ascertain and to record in his minute book the points in issue to which evidence is to be directed.48. Hearing of applications. – The officer shall, at the commencement of each daily sitting, hear applications with regard to pending references, and shall Not hear any reference until he has disposed of such applications.49. Separate report. – In all matters referred to him an officer shall be at liberty, upon the application of any party interested, to make a separate report or reports from time to time as to him shall seem expedient, the costs of such separate reports to be in the discretion of the Court or Judge.50. Opinion of the Court may be obtained on any question pending a reference. – Any officer taking a reference may at any time, pending the reference or on its conclusion, apply for the opinion of the Court on any question which may arise on the reference and for such purpose may report specially. Such special report may be made at the instance of any of the parties or of the officer himself, and shall be brought before the Court or Judge, within such time and by such party as the officer shall direct, by motion on Notice that such special report may be confirmed, discharged or varied or that any directions may be given thereon; and on the hearing of such motion the same may be confirmed, discharged or varied as the Court or Judge shall deem just, or such direction may be given as shall appear to be necessary or expedient in that behalf.

On application of the officer

Where such special report is Not brought before the Court or Judge in accordance with the directions given, the officer may himself place the same before the Court or Judge, and such directions may be given as may be thought necessary.51. On application of any party. – In case an officer refuses or declines to make a special report where requested by a party so to do, such party may apply to the Judge in Chambers, on summons to the other parties to the reference, for an order requiring the officer to report specially.The Judge may in his discretion make such order, upon such terms as to costs and otherwise as he may think fit.52. When conduct of reference may be committed to another party. – Where any party prosecuting a reference does Not proceed with due diligence, the prosecution thereof may be committed by the officer to any other party, having an interest either as a party to the suit or as a claimant, who.has come in and established his claim.53. Striking out reference for want of prosecution. – Where at any stage of a reference No steps have been taken to prosecute it for 30 days, the officer to whom the reference is directed may, where he thinks fit, strike the same out of his list and the same shall also be struck out of the General List of References as hereinafter provided.54. Proceeding where reference is struck off. Restoration. – Where an officer strikes a reference out of his list under Rule 27 or under Rule 53, he shall forthwith certify the fact to the Registrar who shall thereupon strike the reference out of the General List of References. No reference struck out of the General List of References shall be restored without an order of a Judge, to be obtained on summons to all parties appearing on the reference, and upon such terms and conditions as to costs or otherwise, as the Judge shall direct.55. Application for further directions where reference is struck out. – Where any reference has been struck out of the General List of References under Rule 54, any party may apply to the Court or Judge for such further directions in the suit as may be necessary.56. Notice where suit is disposed of without report, or referred to arbitration. – Where a suit, referred to an officer, is finally disposed of without his report, or is referred to arbitration by the order of the Court, the parties may forthwith Notify the same to the officer who shall thereupon strike out the reference from his list. The Registrar shall also strike out the reference from the General List of References.57. Officer to report delay. – Each officer shall at the beginning of every quarter report to the senior Judge presiding on the Original Side all the cases in which he considers that there has been any undue delay in the proceedings before him.58. Expediting proceeding in case of undue delay. – Where it shall appear to the Court or a Judge, on the representation of any officer or otherwise, that there is any undue delay in the prosecution of any account or inquiries, or in any other proceedings under any decree or order, the Court or Judge may require the party having the conduct of the proceedings, or any other party, to explain the delay, and may thereupon make such order with regard to expediting the proceedings or the conduct thereof, or the stay thereof, and as to the costs of the proceedings, as the circumstances of the case may require, and for the purposes aforesaid, any party may be directed to summon the persons whose attendance is required and to conduct any proceedings and carry out any directions which may be given; and any costs occasioned thereby shall be paid by such parties or out of such funds as the Court or Judge may direct.

Administration Suits – Claims by Creditors and Others

  1. Claimants Not coming in to prove, etc., excluded.– Where a decree or order is made directing an account of debts, claims or liabilities, or an enquiry for heirs, next-of-kin, kindred, of a deceased or other unascertained persons, unless otherwise ordered, all persons who do Not come in and prove their claims within the time, which may be fixed for that purpose by advertisement, shall be excluded from the benefit of the decree or order.60. Advertisement for claims.– Every advertisement for creditors or other persons having any claim upon, or interest in, the distribution of any assets to be administered by the Court, which shall be issued pursuant to any decree or order, shall direct every such creditor, or other person, within a time to be thereby fixed, to send to the Registrar his name, address and description and the full particulars of his claim or interest, and a statement of his account, and the nature of the security (if any) held by him and shall inForm such creditor or other person that in default thereof he will be peremptorily excluded from the benefit of the decree or order. The time for adjudicating on the claims shall be fixed by the advertisement and the name of the officer appointed to hear the reference and adjudicate on the claims shall be stated in the advertisement. (Form No. 2).61. By whom to be prepared, settled and signed. – Every such advertisement shall be prepared by the party prosecuting the reference, and shall be settled and signed by the officer hearing the reference, and published in such newspapers as he shall direct.62. Affidavit or attendance of claimant unnecessary until Notice. – No creditor, or other person, need make any affidavit or attend in support of his claim, unless he is served with a Notice (Form No. 3) requiring him to do so, as hereinafter provided.63. Creditor to produce security. Notice to creditor to produce other documents. – Every creditor may produce or transmit to the Registrar, with the particulars of his claim, any security held by him, or shall produce the same at the time appointed in the advertisements for adjudicating on the claims; and every creditor shall also, if required by Notice (Form No. 4) produce all other deeds and documents necessary to substantiate his claim at such time as shall be specified in such Notice,-being the time appointed for adjudicating on the claims.64. Notice to heir-at-law, etc., to produce pedigree or other proof. – Every person claiming as heir-at-law, devisee, next of-kin, kindred, or legatee of the deceased, shall, if required by Notice (Form No. 4) produce any pedigree or proof mentioned in such Notice at such time and place as shall be specified therein, being the time appointed for adjudicating on the claims.65. Preparation, signing and service of Notice under last three rules. – Any Notice to be given under any of the last three preceding rules shall be prepared by the party prosecuting the reference, and shall be signed by the officer hearing the reference and served in the manner prescribed by Rule 20 or as the officer shall direct.66. Disallowance of costs of proving claim. – In case any creditor, or other person, shall neglect or refuse to comply with Rules 63 and 64, he shall Not be allowed any costs of proving his claim unless the officer shall otherwise direct.67. Examination and verification of claims. – The executor or administrator of the deceased or such other party as the officer shall direct shall examine the claims of creditors sent in pursuant to the advertisement, and shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable, and he shall, at least seven days prior to the time appointed for adjudication, file an affidavit (Form No. 5) to be made by such executor or administrator or one of the executors or administrators, or such other party, as the officer shall direct, verifying a list (Form No. 6) of the claims the particulars of which have been sent in pursuant to the advertisement and stating to which of such claims or parts thereof respectively the estate of the deceased is, in the opinion of the deponent, justly liable and his belief that such claims or parts thereof respectively are justly due and proper to be allowed and the reasons for such belief.68. Affidavit verifying claims may be postponed. – In case the officer shall think fit so to direct, the making of the affidavit referred to in the last preceding rule shall be postponed till after the day appointed for adjudication and shall then be subject to such directions as the officer may give.69. Inspection by a creditor of another’s claims. – Any creditor whose claim has been admitted, allowed or proved, may, on payment of the necessary fees, inspect the claims of other creditors filed pursuant to the advertisement.70. Appearance of party other than executor or administrator. – No party other than the executor or administrator shall, unless with the leave of the officer, be entitled to appear (except at his own risk as to costs) on the hearing of the claim of any person Not a party to the suit or matter against the estate of the deceased person in respect of any debt or liability.71. Adjudication upon claims. – At the time appointed for adjudication upon the debts or claims, or at any adjournment thereof, the officer may in his discretion allow any such debts or claims or any part thereof respectively, without proof by the creditors or claimants, and direct such investigation of all or any of the debts or claims Not allowed, and require such further particulars, inFormation or evidence relating thereto as he may think fit, and may, if he so thinks fit, require any creditor or claimant to attend and prove his claim or any part thereof, and the adjudication on such claims as are Not then allowed, shall be adjourned to a time to be then fixed.72. Notice to prove claim. – Notice (Form No. 3) shall be given to every such creditor, or other person as the officer shall think fit, to attend and prove his claim, or such part thereof as is Not allowed by a time to be named in such Notice, Not being less than seven days after such Notice, and to attend at a time to be therein named, being the time to which the adjudication thereon shall have been adjourned; and in case any creditor shall Not comply with such Notice, his claim, or such part thereof as aforesaid, shall be disallowed.73. Notice of allowance of claim. – Notice (Form No. 7) of the allowance of claims allowed without proof is to be served on the creditor or claimant, and shall, where necessary, be advertised (Form No. 8) under the signature of the officer in such manner as he shall direct.74. Notice by whom to be prepared and signed. – A Notice to be given under the last two preceding rules shall be prepared by the party having carriage of the reference and shall be signed by the officer and served in the manner prescribed by Rule 20 or as the officer shall direct.75. Claims may be sent in previous to adjourned adjudication. – Any creditor, or other person, who has Not sent in the particulars of his claim pursuant to the advertisement, may do so four days previous to any day to which the adjudication is adjourned.76. When claim Not to be received without special leave. – No claim shall be received after the time fixed by the advertisement (except as before provided) without the special leave of a Judge, which may be applied for, by summons in Chambers at any time before the distribution of the assets to be administered, and may be granted upon such terms and conditions as to costs and otherwise as to the Judge shall seem fit.77. Plaintiff, if a creditor, may be required to prove his claim on the reference. – Where an account of debts is directed to be taken, the plaintiff, if a creditor, shall send in his claim to the Registrar in compliance with the advertisement for creditors and may be required by any party having an interest in the estate to prove his debt on the reference, Notwithstanding that he may have already given such proof thereof in Court as to establish his right to the decree.78. Costs, if proof unnecessarily required. – Any such party requiring such proof unnecessarily may be ordered to pay the costs thereof.79. Interest on debts. – Unless otherwise ordered, or unless the provisions of order XX, rule 13(2) of the Code, are applicable, creditors shall be allowed interest in respect of debts, as to such of them as carry, interest, at the rate at which they respectively carry interest, to the date of proof, and subsequent interest, at the rate of six per cent. per annum, and as to all others, at the rate of six per cent. per annum from the date of proof.80. Interest on legacies. – Interest shall be computed on legacies, at the rate of six per cent. per annum from the end of one year from the date of the testator’s death unless otherwise ordered, or a different rate is directed by the will.81. Interest on mortgage decree. – In the case of a mortgagee who has obtained a decree on his mortgage, interest shall be computed at the rate and for the time and in the manner specified in such decree or where the time for payment has been enlarged under order XXXIV, rule 3 of the Code, according to the terms of the order postponing the day fixed for payment.82. Proceeding where a separate report is made. – Where an officer shall make a separate report of debts or legacies, he shall be at liberty to make such certificate as he thinks fit with respect to the state of the assets; and every person interested shall thereupon be at liberty to apply to the Court as he shall be advised.83. Costs of a creditor being plaintiff. – The costs of a creditor who is a plaintiff shall Not be added to his debt, but shall Form part of his costs in the suit. The costs of a creditor (other than a plaintiff) of establishing his claim under a decree or order in a suit shall be added to the amount of his claim.84. Dividend where fund deficient. – Where, after payment of the costs of the suit, the assets are insufficient to pay the creditors their principal, interests and costs of proof, in full, any dividend ordered to be paid to them shall be computed on the total amount thereof, including the costs.85. Costs occasioned by unsuccessful claim. – A claimant who fails to prove his claim may be ordered to pay the costs occasioned thereby.

Certificate or Report

  1. Certificate or report.– Unless otherwise ordered, the result of proceedings had on a reference shall be stated in the Form of a certificate or report, which shall be drawn up in paragraphs, each paragraph being separately numbered.87. To be settled on Notice.– The certificate or report shall be settled on Notice to the parties who have appeared on the reference.88. Filing of report. – A certificate or report of an officer made on a reference may be filed in the Registrar’s office, on payment of all necessary fees of Court.89. Procedure to discharge or vary a certificate or report. – An application to discharge or vary a certificate or report shall be made by motion, upon Notice to be given within fourteen days from the date of the filing thereof, or within such further time as may be obtained for that purpose but in that case the Notice shall mention that it has been given with the leave of the Court. An application for further time may be made by petition in Chambers without Notice.90. Effect of certificate or report. – A certificate or report of an officer, unless discharged or varied, will be taken as conclusive evidence of the facts found therein.91. Questions of law. – Where the facts are correctly stated in a certificate or report, questions of law may be raised at the hearing of the suit on further consideration. An application to discharge or vary a certificate or report as to such question need Not be made.92. Application to re-open certificate or report after it has become binding. Motion. – A certificate or report after it has become binding will Not be re-opened, except on the ground of fraud, surprise or mistake, or such other special ground as may be allowed by the Court, on an application to the Court by motion which may be granted on such terms and conditions as to costs and otherwise as the Court shall seem fit.93. When cause to be set down for further consideration. – After a certificate or report has become binding, the suit or matter shall be set down in the peremptory list for further consideration.94. Forms. – The Forms to which reference is made in this Chapter are those in Appendix I.

CHAPTER XXVII

Sale by the Registrar

  1. Copy of decree or order for sale to be filed.– An office copy of every decree or order for the sale of property by the Court otherwise than after attachment shall be filed in the Accounts Department of the Registrar’s office.2. Sale to be conducted by the Registrar. By public auction. Exception.– Unless otherwise ordered, every such sale shall be by or with the approbation of the Registrar, and shall be made by public auction : except that where the property to be sold consists of negotiable securities, or of shares in any Railway, Banking, or other public Company or Corporation, the Registrar shall be at liberty to sell the same through a broker at the market rate of the day.3. Sale to best purchaser offering a sufficient sure. – Every such sale shall be to the best purchaser that can be got for the same, provided the Registrar shall consider that a sufficient sum has been offered, or in suits governed by the Bengal Money-Lenders Act X of 1940, provided the price to be specified under section 35 of that Act has been reached, or the decree-holder consents in writing to forego so much of the amount decreed as is equal to the difference between the highest amount bid and the price so specified.4. Carriage of proceeding relating to the sale. – Where mortgaged property is to be sold, the mortgagee or the first mortgagee, and in other cases the plaintiff or the party having the carriage of the general proceedings, shall have the carriage of the proceedings relating to the sale; but the Court or a Judge may, where necessary, commit the carriage of such proceedings to any other party.5. Documents of title to be left with, and disposed of by the Registrar. Appeal. – All documents of title, relating to the property to be sold, in the possession or power of any of the parties, shall be produced to, and left with, the Registrar, and shall be subject to his directions; both as to their custody pending the sale, and their ultimate destination; such directions being subject to appeal to a Judge.6. Mode of Notifying sale of Calcutta property; of property out of Calcutta. – The Notification (or such portion thereof as the Registrar shall think necessary) of every intended sale by public auction under these rules, shall be published in such public papers and as often as the Registrar shall direct, having regard to the nature and value of the property to be sold, and shall also, where the property to be sold is out of Calcutta, be proclaimed and published in the mode prescribed by the Code for the Notification of sales in execution.7. Sale to be regulated by conditions. – Every such sale shall be regulated by conditions in writing which, where immoveable property is to be sold, shall be adapted to the state of the title to such property.8. Notification, conditions of sale, abstract, etc., by whom to be prepared. – The Notification and conditions of sale, together with, where immoveable property is to be sold, an abstract of title or in cases coming under Rule 100 of Chapter XXXVI, a list of the title deeds shall be prepared by the Advocate acting on the Original Side of the party having the carriage of the proceedings.9. Notification of sale. – The Notification shall specify the time and place of sale, and shall contain description and particulars of the property, together with a statement that it is to be sold by or with the approbation of the Registrar pursuant to a decree or order of the Court, and of the mariner in which it is. proposed to lot the same. Where the property, or any portion of it, is to be sold subject to an incumbrance, the nature and amount of such incumbrance shall, as far as practicable, be also stated. In suits governed by the Bengal Money-Lenders Act X of 1940 the Notification shall specify the extent of the property to be sold and the price thereof as calculated under the provisions of section 35 of such Act.10. Conditions of sale. – The conditions of sale shall be as few and simple as may be compatible with the nature of the property to be sold. Where the sale is subject to a reserved price, the fact of reserved price having been fixed, but Not the amount, shall be stated in the conditions. Where moveable property is to be sold, unless otherwise directed or agreed to by the parties, it shall be a condition that the whole of the purchase-money shall be paid to the Registrar at the time of the sale, and that upon such payment the sale shall become absolute, and delivery of the property sold given to the purchaser, but that in default of such payment the property shall be again immediately put up for sale. Where immoveable property is to be sold, unless otherwise directed or agreed to by the parties, it shall be a condition that Not less than twenty-five per cent. of the purchase-money shall be deposited with the Registrar at the time of the sale, and that, unless so deposited, the property shall immediately be again put up for sale, and it shall be stated in the conditions that the purchaser shall, at his own expense, take such steps as may be necessary for the purpose of obtaining possession. Where immoveable property is to be sold in lots, and the same muniments relate to more than one lot, or where the same muniments relate to property a portion of which remains unsold, provision shall be made in the conditions for the destination of the original muniments, and for the production thereof and the furnishing of copies.11. Settlement of Notification, conditions, and abstract. – The Notifications, conditions, and abstract shall be left with the Registrar, and an appointment obtained from him to go through the same. Notice of such appointment shall be served on all parties entitled to attend. At such appointment, or an adjournment thereof, the Notification, conditions and abstract shall be settled, the day, time, and place of the sale fixed, the days appointed for delivery of the abstract and of objections and requisitions to and on the title, and for payment into Court of the purchase-money, and the Notification shall be signed and issued and directions given for its publication.12. Reserved price. – Where a sale is ordered at the instance of a subsequent incumbrance or of a mortgagor, or where a party having the carriage of the proceedings has obtained leave to bid, unless otherwise ordered, or unless dispensed with by the proper parties, a reserved price shall be fixed by the Registrar. The Registrar may also in any other case, in which it may be deemed necessary or desirable, fix a reserved price, provided that in suits governed by the Bengal Money-Lenders Act X of 1940 the reserved price shall be the price specified in accordance with section 35 of that Act.13. For the purpose of fixing a reserved price or a price to be specified under the provisions of the Bengal Money-Lenders Act the Registrar may, on Notice to the parties, direct a valuation or a survey to be made of the property to be sold. The same shall be made by a surveyor or other competent person, to be appointed by the Registrar from the approved list of this Court, who shall certify the result under his signature, and shall deliver or transmit such certificate to the Registrar under a sealed cover, with the words on the cover, “Private and to be opened only by the Registrar”. The Registrar may, where he shall think fit, require the certificate to be verified by an affidavit or affirmation of the valuer. In that case the certificate shall be referred to without being annexed to, or filed with the affidavit or affirmation, which shall be so prepared as Not to disclose the contents of the certificate. On the reserved price or the price to be so specified as aforesaid being fixed, the certificate shall be put up in a sealed cover and kept with the proceedings.13A. The valuers and surveyors will be entitled to charge their fees both as valuers and surveyors at the rates mentioned in Rules 13B, 13C and 13D hereunder.13B. For inspection, survey, relay, plotting, preparing plans and demarcating boundaries in all cases including attendance in Court and at the sale before the Registrar, the fees of the valuers and surveyors shall, unless otherwise ordered by Court, be calculated according to the following table :-

(a) Lands up to 1 bigha in area Rs. 250.

(b) Exceeding 1 bigha up to 2 bighas at the rate of Rs. 12 per cottah.

(c) Exceeding 2 bighas up to 4 bighas at the rate of Rs. 10 per cottah.

(d) Exceeding 4 bighas at the rate of Rs. 6 per cottah.

13C. Valuation fees of the valuers and surveyors shall, unless otherwise ordered by Court, be calculated according to the following table :-

(a) Up to Rs. 25,000 at the rate of 2%.

(b) Exceeding Rs. 25,000 up to Rs. 1,25,000 at the rate of 1% .

(c) Exceeding Rs. 1,25,000 up to Rs. 5,00,000 at the rate of ½.

(d) Exceeding Rs. 5,00,000 at the rate of ¼.

Provided that the total fees of a valuer and surveyor in terms of the Rules 13B and 13C shall Not in any case exceed Rs. 5,000 in each case.13D. In the event of more than one property being surveyed and valued under one order, the total fees of the valuer and surveyor for the work mentioned in Rules 13B and 13C above, shall Not, unless otherwise ordered by the Court, exceed Rs. 15,000 Notwithstanding the fact that the properties are valued and surveyed at different times.13E. (a) On the submission of report or reports, as the case may be, the valuer and surveyor concerned shall be paid, pending final sale of the property or adjustment of the disputes amongst the parties, as the case may be, a reasonable amount at the discretion of the Registrar, subject to an order being obtained administratively by the Registrar from the Judge in Chambers upon an application by means of a letter from the valuer and surveyor concerned addressed to the Registrar. In arriving at the amount to be certified as payable the Registrar shall take into account the approximate value of the property, the time and labour put in by the valuer and surveyor in surveying and valuing the property and shall Not in any event certify as payable any amount more than 50% of the total fees which would be payable to the valuer and surveyor in the case. In arriving at the amount so to be certified as payable, the Registrar may consult the party having the carriage of proceedings and the valuer and surveyor concerned. Thereafter the Registrar shall issue a certificate fixing the amount so payable by the party having the carriage of proceedings, who shall be liable to make such on account payment against satisfaction or adjustment of the final bill of the valuer and surveyor concerned.

(b) Upon the final sale of the property, or adjustment of the disputes amongst the parties, as the case may be, the party having the carriage of proceedings shall be liable to pay to the valuer and surveyor who has submitted his report, such fees as will be certified by the Registrar according to the scale of fees, less any amount certified by him under Rule 13E(a) and paid.

(c) In default of payment of the amount so certified as aforesaid, the surveyor or valuer may apply to the Registrar by a letter bringing to his Notice the said default and the Registrar shall place the relevant papers before the Judge in Chambers, upon Notice to the defaulting party or parties. The Judge, on hearing the application may make such order as he thinks fit and proper. Such order, if necessary, shall be executed under Order XXI of the Code of Civil Procedure as a decree for money.

  1. Reserved price Not to be divulged.– Unless otherwise ordered, the reserved price shall Not be divulged to any persons either before, at, or after the sale.15. Copy of Notification, etc., to be filed.– On the Notification and conditions being settled, a fair copy thereof and of the abstract shall be filed in the Accounts Department of the Registrar’s office.16. Copy of Notification and conditions with translation to be posted up. – A copy of the Notification and conditions of sale, with a translation thereof in the Bengali language, shall be posted up at the door of the Registrar’s sale-room on the day of the sale and for a week previously.17. Notification of sale of property out of Calcutta to be proclaimed and published in the district in which it is situate. – Where immoveable property out of Calcutta, or any right, title, or interest in such property, is to be sold, two copies of the Notification and of a translation thereof in the current language of the district in which the property is situate shall be transmitted by the Registrar to the Judge of the principal Court of the District in which the property is situate, with a letter requesting that one copy of the Notification and translation may be affixed on the Court-house of the Judge, and that other copy thereof may be affixed on the office of the Collector of the District, and that the intended sale may be otherwise proclaimed in the mode prescribed by the Code for the Notification of sales in execution of decrees, and that the certificate that such Notification has been duly made may be sent to this Court without delay.18. When conditions of sale to be published and hand-bills distributed. – In any case in which it may be deemed desirable, and the value of the property to be sold shall admit of it, it shall be in the discretion of the Registrar to cause the conditions of sale, or any part thereof, to be published with the Notification, and also, with a view to give greater publicity to the sale, to cause hand-bills to be prepared and distributed.19. Advocate acting on the Original Side to be present at sale. – The Advocate acting on the Original Side of the party having the carriage of the proceedings, or his principal Clerk, shall be present at the sale.20. Notification and conditions to be read out. Biddings to be entered. – On the day, and at the time and place appointed for sale, the Notification and conditions of sale shall be read out in the English and Bengali languages, preparatory to the property being put up for sale.The name of each bidder shall be entered in the Registrar’s Note-book, and each bid offered by him shall be entered opposite his name.21. Postponement of sale for want of sufficient bidding. Proviso. Acceptance of bid. – Where there is No bid, or where the highest bid is below the reserved price (if any) or be deemed insufficient by the Registrar or in cases governed by the Bengal Money-Lenders Act X of 1940 where the price specified has Not been reached or the decree-holder has Not consented in writing to forego so much of the amount decreed as is equal to the difference between the highest amount bid and the price so specified, the Registrar shall postpone the sale, and record the reason for such postponement in his Note-book:Provided that where the highest bid is below the reserved price and where for any reason to be recorded by him the Registrar is of opinion that the same should be accepted, he may accept it subject to confirmation by a Judge.22. Form of entry in Registrar’s Note-book where property is sold. – Where the highest bid is equal to or higher than the reserved price (if any), or is deemed sufficient by the Registrar or where, in sales held in pursuance of decrees governed by the Bengal Money-Lenders Act X of 1940, the price to be specified has been reached or the provisions of the proviso to section 35 of the Act have been applied, the Registrar shall, subject to the provisions of Rule 23, make an entry in the Note-book to the following effect :-“I declare A. B. to be the purchaser of the property comprised in lot………….. for the sum of Rs……………. ” adding in a case within the proviso to Rule 21 the words “subject to confirmation by a Judge”.23. Property to be again immediately put up for sale if deposit or purchase-money Not paid. – Where, in the case of moveable property, the purchase-money or so much as may be payable at the time of the sale, or where, in the case of immoveable property, the amount to be deposited, is Not at once paid to, or deposited with, the Registrar, the bid of the person who would otherwise have been declared the purchaser shall be rejected, and the property again immediately put up for sale; provided that at the request and risk of the party having the carriage of the proceedings, such bid may be accepted, and time allowed to the purchaser to pay the amount payable by him.24. Bidding paper. To be signed by the purchaser. – The result of the sale shall also be set forth in a paper to be called “The Bidding Paper”, with particulars showing the lots which have been sold, and stating the names of the purchasers, and what sums have been received as deposits, and the balance remaining due in respect of each purchase. Where there is No bid for any lot, the words “No bidding” shall be written in the bidding paper opposite the number of the lot. Where the highest bid is deemed insufficient, the words “Not sold” shall be written opposite the number of the lot. Where the property is sold, the highest bid shall be inserted opposite the number of the lot, and the purchaser shall write his full name opposite such entry, and shall add his address and quality. All Notices thereafter served at the address so given shall be deemed to have been duly served.25. Or by his agent as such. – A person purchasing as agent for another shall sign the bidding paper as such, giving the full name, address, and quality, both of himself and his principal. All Notices thereafter served at either of the addresses so given shall be deemed to have been duly served.26. Postponement of sale otherwise than under Rule 21. Costs. – The Registrar, where unable to attend on the day appointed for the sale, or for other sufficient cause or with the consent of the parties, may postpone the sale. The costs of a postponement rendered necessary by the Registrar’s absence or the conduct of the party whose property is to be sold shall be costs in the suit. The costs of a postponement made at the request of a party shall be borne by him, or as shall be consented to by the parties.27. Where sale postponed a new day to be fixed. – Where a sale is postponed, the Registrar shall be at liberty, without further order to appoint a new day for the sale of the property, and to make any necessary alterations in the Notification and conditions of sale, on Notice to the parties where necessary.28. Proceedings on a postponed sale or re-sale. – Where a sale is postponed, or where a re-sale is directed, a fresh Notification shall be issued and published, and the proceedings down to the certificate of sale shall be similar to those on an original sale.29. Certificate of result of sale. Costs. Where bid below reserved price is accepted. – The Registrar shall, as soon as possible after the sale, proceed to certify the result. Such report shall, within eight days after the sale, be filed by, and at the cost of, the party having the carriage of the proceedings. In case of his neglect, the purchaser of the property comprised in any lot shall be at liberty to file the same, and to retain the costs out of the purchase-money.In a case coming within the proviso to Rule 21, the reasons for the Registrar’s acceptance of the bid, subject to confirmation, shall be specially stated in the report of the result of the sale, which report shall Not be binding without the order of a Judge to be obtained on summons. Unless otherwise ordered, the costs of obtaining the order shall be the costs of the person so accepted as the purchaser.30. Certificates that may be objected to. – A certificate of the result of a sale of moveable property shall Not be liable to objection; but a certificate of the result of a sale of immoveable property, or a certificate upon any question as to title, or stating who are necessary parties to a transfer or of the approval of a transfer, may be objected to like any other certificate or report of an officer.31. Certificate of sale confirmed by effluxion of time. – Where No application is made to discharge or vary a certificate of the result of a sale of immoveable property, within the time allowed for applying to discharge or vary a certificate or report of an officer, or where made, has been refused, such certificate, except as provided in Rule 29 or 56, shall be deemed to be confirmed from and after the expiration of the time aforesaid, or from the date of such refusal.32. Certificate confirmed by order. – A purchaser may, at his own expense, apply, on summons, for an order to confirm any certificate liable to be objected to under Rule 30, before the expiration of the time allowed for applying to discharge or vary the same, and such order shall be made thereon as to the Judge shall seem fit.33. Application to compel delivery of abstract. – Where the abstract of title is Not delivered within the time specified in the conditions of sale, a summons may be taken out by the purchaser and served on the party conducting the proceedings, requiring him to deliver the abstract within a limited time. Such order shall be made thereon, and as to the costs of the application, as to the Judge shall seem fit.34. Questions arising out of objections or requisitions. Costs. – Any disputed question arising out of objections or requisitions by a purchaser may be brought by either party before the Registrar, who shall certify his opinion, and shall also certify by whom the costs ought to be paid.35. Enquiry whether a good title can be made. – Where important questions of title are in dispute, either party may apply, on summons, for an order that it may be referred to the Registrar, to enquire whether a good title can be made.36. Costs of enquiry. – Where the title is found to be good on grounds Not appearing on the abstract, the purchaser, unless otherwise ordered, shall be entitled to his costs of the enquiry. Where the title is found to be good on grounds appearing on the abstract, the purchaser, unless his objections have been frivolous and vexatious, or unless otherwise ordered shall Not be liable to pay more than his own costs of the enquiry.37. Where sale set aside, purchaser entitled to receive back his deposit or purchase-money with costs. – Where a sale of immoveable property is set aside, the purchaser, unless precluded by the conditions of sale, or unless otherwise ordered, shall be entitled to receive back his deposit or purchase-money, and to be paid his costs, charges and expenses occasioned by his bidding for and being declared the purchaser of the property and of and incidental to the setting aside of the sale. Where there is a fund in Court standing to the credit of the suit, the purchaser’s taxed costs, charges and expenses may be ordered to be paid out of it; but where there is No such fund, such costs, charges and expenses may be ordered to be paid by the party having the carriage of the proceedings, or otherwise as the Judge may think fit, without prejudice to the question by whom such costs, charges and expenses shall be ultimately borne and paid.38. Application by purchaser for leave to pay his purchase-money into Court. – After a sale has been made, the purchaser may, where prepared to accept the title, apply for leave to pay the balance of the purchase-money into Court to the credit of the suit, or he may, where Not prepared to accept the title, apply for leave to pay such balance into Court without prejudice to any question as,to the title to the property. The application shall be made, on summons to the party having the carriage of the proceedings, and also to the party whose property has been sold. Such terms, as to the Judge shall seem fit, may be imposed upon the purchaser as to his paying interest upon the purchase-money, or waiving his right to the rents in the event of a good title being made to the property, up to the time when the question as to title shall be determined. The order obtained on an application under this rule shall also direct the Registrar to transfer and pay into Court to the credit of the suit the amount of deposit less his commission.39. Application by any other party against defaulting purchaser. – Any party interested may apply, on summons, for such order or orders as it may be necessary to obtain for the purpose of compelling a purchaser who has neglected to pay his purchase-money in due time to comply with the conditions of sale. Such order or orders may be made subject to the right (if any) of the purchaser to obtain an enquiry as to whether a good title can be made.40. Direction for investment of purchase-money. – Where an application is made under either of the last two preceding rules for payment of the purchase-money into Court, the purchaser, or the-Advocate acting on the Original Side of the party having the carriage of the proceedings, may, at the same time, obtain directions for the investment of the purchase-money. Any subsequent application for that purpose shall be on summons, and, unless otherwise ordered, at the expense of the applicant.41. Purchase-money to remain uninvested unless otherwise ordered. – Where the purchase-money is paid into Court without any directions as to investment, it shall, until otherwise ordered, remain uninvested.42. Not to be paid out without Notice to the purchaser. – The purchase-money, after being paid into Court, shall Not be paid out or otherwise disposed of except under an order to be obtained from a Judge in Chambers, on summons to the purchaser.43. Purchaser when deemed to have accepted, the title. – A purchaser of immoveable property, or of any right, title or interest in such property, who pays his purchase-money into Court without his right to object to the title being reserved, or who enters into possession, shall be deemed to have accepted the title.44. When entitled to possession of moveable property. Transfer of securities and shares. – On the purchase-money of moveable property being paid, the purchaser, unless otherwise provided for in the conditions of sale, shall be entitled to obtain immediate possession thereof, and where such property consists of negotiable securities or of any shares in any Railway, Banking, or other Public Company or Corporation, to have the same duly transferred to him.45. Certificate of sale where obtainable. Conveyance. – Where immoveable property has been sold by the Registrar under O. XXXIV, r. 4 of the Code, or any subsequent rule of the said Order, or pursuant to a decree or order of Court in an administration suit or under the Partition Act, and the certificate of the result of the sale has been confirmed, the purchaser may, on the purchase-money being paid into Court, on application to a Judge in Chambers, obtain a certificate of sale as evidence of the title to the property sold to him; and shall be entitled to a proper conveyance in which all necessary parties shall join as the Registrar shall direct. Unless otherwise ordered, all the costs of such conveyance shall be borne by the purchaser.46. No certificate of sale but transfer in other cases. – Where immoveable property is sold by the Registrar otherwise than as mentioned in the last preceding rule, the purchaser shall Not be entitled to a certificate of sale as evidence of the title to the property sold to him, but on the purchase-money being paid, he shall be entitled to a transfer in which all necessary parties shall join as the Registrar shall direct. Unless otherwise ordered, the purchaser shall bear his own costs of the transfer, including the costs of the stamps and of the engrossment.47. Preparation and approval of such transfer. – Unless otherwise ordered, the transfer of immoveable property sold by the Registrar under Rule 45 or 46 shall be prepared by the purchaser, and shall be sent for approval to the attorney of the party having the conduct of the proceedings.48. Improper delay in perusing and returning transfer. Costs. – Where there is any improper delay in perusing and returning the transfer to the purchaser, he may apply, on summons, for the return thereof to him, and such order shall be made thereon, and as to costs, as to the Judge shall seem fit.49. Transfer to be settled by Registrar. – Subject to appeal to a Judge, every transfer shall be settled by the Registrar, where the parties differ about the same, or where any of them be under any legal disability.50. Certificate of approval. – Where a transfer is settled by the Registrar, a certificate of approval shall be issued by him, or endorsed by him, upon such transfer.51. Proceeding to procure execution of transfer, and to enter into necessary covenants. – Where any person certified by the Registrar to be a necessary party to transfer is a minor or otherwise under disability, or, being sui juris, neglects or refuses to execute the transfer, an order may be obtained, in the case of a person under disability, directing the Registrar to execute the transfer for him and in his name, and to enter into necessary covenants on his behalf and in other cases, directing the person to execute the transfer within a time to be fixed by the order and in default thereof directing the Registrar to execute the same for him and in his name. The application shall be on summons, and shall be supported by an affidavit of the facts, and it shall be shown that the person required to execute the transfer was certified by the Registrar to be a necessary party, and that the transfer has been approved of by such party or by the Registrar.52. Proceeding to obtain possession. – On the purchase-money for immoveable property being paid and the title accepted, the purchaser shall be entitled to proceed to obtain possession of the property purchased by him in like manner as the purchaser of immoveable property sold in execution after attachment, under the Code.53. Bidding Not to be opened. Exception. – No bidding shall be opened except with the consent of the purchaser, or unless it be shown that there has been fraud or misconduct in the management of the sale, or that the purchaser by reason of being in a fiduciary position was disqualified from purchasing.54. Leave to bid. Costs. – A party to the suit may obtain leave to bid, at the sale. Such leave, if Not contained in the decree or order directing the sale, may be obtained on summons; but the costs of a separate application unless otherwise ordered, shall be borne and paid by the applicant.55. Costs of infructuous sale when party conducting sale has leave to bid. – Where a party having the conduct of the proceedings has obtained leave to bid, the costs of an infructuous sale, unless otherwise ordered, shall be borne and paid by him.56. Special certificate where a party to suit bids without previous leave and is accepted as purchaser. Confirmation. Costs. – Where a party to the suit, Not having the conduct of the proceedings, without obtaining previous leave to bid is accepted as the purchaser, that fact, together with the circumstances under which he was allowed to bid, shall be specially stated in the certificate of the result of the sale. In every such case, such certificate shall Not be binding without an order to be obtained on summons. Unless otherwise ordered, the costs of obtaining the order shall be the costs of the person so accepted ‘as the purchaser.57. Application of incumbrancer to be made a party to the suit or to join in the sale. – An incumbrancer Not a party to the suit, may, at any time before the sale, apply, by motion in Court, to be made a party-, or, without being Formally made a party, for leave to join in the sale; and such order shall be made thereon, and in protection of his rights, and as to costs as to the Court shall seem fit.58. Substitution of name. – The name of a principal or sub-purchaser shall Not be substituted for that of the person certified to be the purchaser, without an order to be applied for on summons. The application shall be supported by an affidavit, stating the facts; and where it is sought to substitute the name of the sub-purchaser for that of an original purchaser, the affidavit shall also show that there was No collusion or under-bargain between the purchaser and the sub-purchaser before the certificate of sale was binding, or shall disclose the terms of the under-bargain, if any.59. Not allowed after execution of transfer or grant of certificate of sale. – No order shall be made for the substitution of names under the last preceding rule, after the execution of a transfer to a purchaser, or the grant to him of a certificate of sale.60. When additional price, if any, to be paid into Court. – Unless it shall appear that the purchase by a sub-purchaser was made after the certificate of sale had become binding, or, unless otherwise ordered, every order for the substitution of the name of a sub-purchaser for that of an original purchaser shall be made subject to the payment into Court, as part of the purchase-money of any additional price obtained by the original purchaser from the sub-purchaser.61. One application for the substitution of names and payment of purchase-money. – Application for the substitution of names under Rule 58 may be made as part of the application for leave to pay the purchase-money into Court.62. Extra costs of obtaining substitution of names. – Unless otherwise ordered, all extra costs incurred in obtaining the substitution of names under Rule 58, beyond those of an ordinary application for payment of purchase-money into Court, shall be borne by the principal whose name is to be substituted for that of an agent, or by the sub-purchaser, whose name is to be substituted for that of an original purchaser.63. Sale by private contract. – The sale of property ordered to be sold by the Registrar by private contract shall be regulated by the foregoing rules, so far as they are applicable.64. Sales by Registrar of property outside Calcutta to be Notified to Collector after confirmation. – Where any estate or share of an estate situate outside Calcutta has been sold by the Registrar in pursuance of a decree or order of the Court, such sale shall be Notified by the Registrar to the Collector of the district in which such estate or share of an estate is situate after the sale shall have been confirmed.65. Forms. – The Forms to be used under this Chapter are in Appendix J.

CHAPTER XXVIII

Rules under Section 104 of the Transfer of Property Act (IV of 1882) and with Reference to Order XXXIV of the Code

  1. Application under section 83.– Every application under section 83 of the Act shall be made by a verified petition stating the facts.2. Payment into Court of costs and expenses under section 83 or any subsequent section.– Unless otherwise ordered, there shall be paid into Court, in addition to the sum deposited under section 83 or any subsequent section of the Act, a sum sufficient to provide for the fees and charges of the Accountant-General and the Reserve Bank of India, and for the mortgagee’s costs of obtaining payment out of Court and also where such payment is made under section 83 of the Act and a transfer is necessary, a further sum to provide for the mortgagee’s costs of transferring the property and causing such transfer to be registered and such cost to be estimated and certified by the Taxing Officer.3. Order for payment of money into Court under section 83. – Every order for payment of money into Court, under section 83 of the Act, shall specify the sums to be paid and the purpose for which each sum is intended.4. Service of Notice under section 83. – Unless otherwise ordered, the applicant or his attorney shall serve or cause to be served the Notice to be given under section 83 of the Act (Form No. 5).5. Notice of payment into Court under order XXXIV of the Code.. – Where money is paid into Court under order XXXIV, rule 2 of the Code, or under any subsequent rule of that Order, the person making such payment shall forthwith give written Notice thereof to the person or persons on whose account such payment is made.6. Application for payment of money out of Court. – Every application by a mortgagee to obtain payment of money out of Court shall be by a verified petition.7. Such application to be on Notice. – Every application under the last preceding rule shall be on Notice to the person by whom, or on whose behalf, the money was paid, or to his Advocate acting on the Original Side, unless the Court shall think fit to dispense with such Notice.8. Affidavit of service of Notice or order. – Unless otherwise ordered, wherever any Notice or order is served under the Act or this Chapter, an affidavit in proof of such service shall be filed as soon as possible thereafter.9. Costs of mortgagee. Disallowance where tender refused. – Where it shall appear that previous to any payment into Court under section 83 of the Act, or under order XXXIV, rule 2 of the Code, or any subsequent rule of that Order a sufficient tender was made to, and refused by, the mortgagee, he shall Not be allowed to obtain payment of the amount deposited in Court to meet his claim, without deduction of the fees and charges of the Accountant-General and the Reserve Bank, Nor shall he be allowed his costs of obtaining such payment. Except as aforesaid, or where otherwise ordered, the mortgagee shall be allowed all costs properly incurred by him.10. Where interest to be disallowed. – Where through default on the part of the mortgagee it becomes necessary to obtain an enlargement of time under order XXXIV, rule 3 or rule 8 of the Code, No interest shall be allowed for the enlarged time without a special order in that behalf.11. order for payment of money out of Court. – On an application for payment of money out of Court under section 83 of the Act or order XXXIV of the Code, by a mortgagee who has complied with the orders of the Court and the provisions of the Act and the rules made in this behalf, so far as they relate to him, or apply to his case, and has, where required so to do, transferred the property and possession free from incumbrance, and caused such transfer to be registered, and accounted for the documents of title which were held by him, the Court shall make such order or orders as to it shall seem fit for the disposal of the capital sum and interest thereon and of the fund for costs and expenses.12. Recital in final decree for foreclosure. – Every final decree for foreclosure directing that possession of the property to be given to the mortgagee, shall be drawn up with a recital of the preliminary decree and the proceedings had thereunder and with a full description of the property in a schedule at foot of or annexed to the decree.13. Order under section 83, how enforced. – Every enforceable order made under section 83 of the Act, may be enforced under the provisions of the Code and shall, for that purpose, be deemed to have been made in a suit instituted under the Code.14. Report in mortgage suit to be counter-signed by a Judge. Period for payment from when to run. – Every certificate or report of the Registrar or other Referee, stating what is due to a mortgagee in a mortgage suit shall, on being confirmed by effluxion of time or otherwise be submitted to a Judge, in order that it may be counter-signed by him and the period for payment under order XXXIV, rule 2, 4 or 7 of the Code shall run from the date of such counter¬signature which shall be deemed to be a declaration of the amount under the provisions of the said rules.15. Form. – The Form to which reference is made in this Chapter is in Appendix J.

CHAPTER XXIX

Rules under Section 51 of the Specific Relief Act (1 of 1877)

  1. Application under Chapter VIII of the Act.– Every application under Chapter VIII of the Act shall be intituled in the matter of the Act and of the applicant, and be made by motion, and shall be supported and answered by affidavits, unless in lieu thereof, or in addition thereto, the Court shall direct oral testimony to be taken.2. Returnable date, service, etc., of rule granted on such application.– Any rule granted on such application as aforesaid shall, unless the Judge otherwise orders, be made returnable on a day to be fixed therein; the provisions of Chapter XX shall mutatis mutandis apply to motions and rules issued under this Chapter.3. Adjournment for the examination of witnesses. – Where cause is shown or answer made upon affidavit, putting in issue any material question of fact, the Court may adjourn the matter to some early day for hearing upon the testimony of witnesses to be examined in like manner as in a suit.4. Summonses to witnesses. Procedure. – Where a matter is adjourned for hearing upon the testimony of witnesses, either party may obtain summonses to witnesses, and the procedure in all other respects shall be similar to that followed in a suit.5. Against whom rule to be taken out. – Unless otherwise ordered, every rule under section 46 of the Act shall call Not only on the public servant, Corporation, or inferior Court, but also on any person other than the applicant who may be affected by the act to be done or foreborne, to show cause.

CHAPTER XXX

Rules under Section 50 of the Guardians and Wards Act (VIII of 1890)

  1. Title of proceedings.– All proceedings under the Act shall be entitled in the matter of the Act and in the matter of the minor.2. Application for appointment of guardian.– An application by any person, other than the Collector, for the appointment of a guardian, or for a declaration that a person is the guardian of a minor, shall be by original petition, to a Judge.3. Contents of application. – The application shall, in addition to the particulars required by section 10 of the Act, state whether the minor is entitled to any property absolutely, or subject to the rights or interests of any other person and whether any property is subject to any, and what, incumbrance; and shall specify all persons of the same degree of relationship as, or, of nearer degree than, the proposed guardian, and where a female is proposed as guardian, the nearest male relation of the minor.4. Where father of minor is living. – Where the father of the minor is living and is Not proposed as guardian, the application shall also state any facts relied on as showing that he is unfit to act as guardian of the minor, or that he consents to the application.5. Where property of minor is proposed to be dealt with. – Where it is proposed to deal with any property of the minor in manner mentioned in section 29 of the Act, the grounds of the application, and the relief prayed, shall be stated shortly in the original petition, and it shall Not be necessary to present a separate petition or application.6. Declaration of willingness of proposed guardian. – The declaration of the willingness of the proposed guardian to act may be written at the foot of, or annexed to, or exhibited with the petition.7. Notice of and setting down, application. – Notice of the application shall be in Form No. 6 and shall be issued and served in manner prescribed for summons to a defendant. On the date fixed for the hearing, the application shall be set down before a Judge. The Court or Judge may also direct the petitioner to publish the Notice in such newspaper or newspapers as it or he thinks fit, and shall direct such publication in any case in which the petitioner is the Collector, or is Not a relation of the minor.8. Security by guardian. Statement of property and passing accounts. Order of appointment without security.. – Unless the Judge otherwise orders, a person appointed or declared to be guardian of the property of the minor shall give security, in the bond of himself and one or more sureties for the amount or value of the moveable property, and of twice the amount of the annual rents profits or other income of the moveable and immoveable property, to be received or accounted for by the guardian; and shall furnish the statement of the property and debts mentioned in sub-section (b) of section 34 of the Act, and shall pass his accounts once in every six months.Where the Judge thinks fit to appoint a guardian without giving security, the order shall direct, unless otherwise ordered, that an undertaking shall be given by the guardian to furnish the statement above mentioned, and to keep a full and correct account of all moneys and property of the minor, received or expended by the guardian on his behalf, and to file and prove the same in Court, whenever so required.9. Directions at the hearing. – At the hearing, the Judge may determine the amount to be allowed for the maintenance and education of the minor, and the amount, if any, to be allowed to the guardian as his remuneration, and may also give any special direction as to the powers to be exercised by the guardian.10. Where minor’s property is subject to any maintenance or right of residence. – Where any person is entitled to maintenance out of the property, or to reside in any house of the minor, the Judge may fix the amount to be paid to such person for maintenance, or in respect of maintenance and residence, or give such directions with respect thereto as he thinks fit.11. Applications to deal with immoveable property of a minor. – An application for leave to deal with immoveable property of a minor by way of sale, mortgage, lease, or otherwise, shall state concisely the substance of the order prayed for, and shall be supported by the affidavit of some disinterested and independent person, stating what, in his opinion, is the value of the property proposed to be dealt with, and the best manner of disposing thereof in the interest of the minor, and also by the affidavit of some person, acquainted with the circumstances of the minor, showing the necessity or advantage of the said disposition.12. Discharge or removal of guardian. – An application for the discharge or removal of a guardian appointed or declared by the Judge shall be made by summons. Except where the minor has attained his full age, the application shall also pray for the appointment of a guardian in place of the guardian to be discharged or removed. Notice of the application shall be given to all parties on whom Notice issued on the original petition, and to such other persons as the Judge may think fit.13. When Not to be discharged. – Unless otherwise directed, a guardian shall Not be discharged from his liabilities until he has filed and passed his accounts, and has paid into Court or as otherwise ordered, any balance which may be found to be due from him.14. Inspection of accounts. – All persons to whom Notice of the original petition for the appointment or declaration of a guardian was issued may, at any time during the minority of the minor, and without obtaining an order for this purpose, inspect and take copies of the said statement and accounts; and any person interested in the person and property of the minor, may, at any time, apply by summons in Chambers, supported by an affidavit showing the nature of his interest, and the purpose for which the same is required, for leave to inspect and take copies of the said statement and accounts.15. Investment of monies. – Monies belonging to wards shall, unless otherwise ordered, be invested in Government securities or in such other manner as a Judge may direct.16. Allowances to guardians. – An allowance may be granted to a guardian in respect of any special work or service to be perFormed by him, other than work or service in connection with the custody or care of the person, or the general control and management of the property of the minor, and shall Not exceed in amount the remuneration usually paid for the said work or service; and, except as aforesaid, No remuneration shall be allowed to a guardian.17. Costs. – The costs of any application with respect to the person or property of a minor may, where the application is for his benefit, be ordered to be paid out of the income of the property, or where that is insufficient, out of capital monies, or monies realised by sale or mortgage of any property of the minor authorised by a Judge for this purpose.

Rules under the Indian Lunacy Act IV of 1912

  1. Application under section 38 of the Act.– Every application under section 38 of the Act shall be made to the Court by a verified petition stating –

(a) The age of the alleged lunatic, his position in life and residence, and where he has his domicile.

(b) The nature of his lunacy; and the time during which it is alleged he has been of unsound mind.

(c) The persons who are his relatives and their residences.

(d) The name of the person proposed as guardian of his person or manager of his property.

(e) The nature of his property and the income thereof, and shall be supported by the duly verified certificates of at least two medical practitioners and by an affidavit of fitness of the proposed guardian or manager.

  1. Other application under Ch. IV of the Act.– All other applications under Chapter IV of the Act shall be to the Court by verified petition stating the facts.20. Notice under section 40 of the Act.– The Notice to be issued under section 40 of the Act shall be by service of a copy of the order upon the alleged lunatic and the other persons to be therein named, to whom, in the opinion of the Court, Notice should be given.21. Security and filing of accounts. – Every manager appointed of the property of a lunatic shall, unless otherwise ordered, give security in such sum as the Court shall direct and shall file his accounts half-yearly.22. Form. – The Form to which reference is made in this Chapter is in Appendix J.

CHAPTER XXXI

Appeals from Judgments of First Instance on the Original Side (Appeals to a Division Bench)

  1. Formation of Appeal Bench.– Appeal from the judgment of a Judge sitting on the Original Side shall be heard by a Division Bench (in this Chapter called “the Appellate Court”) consisting of two or more Judges as the Chief Justice may determine.[2. Form of Memorandum.– Every Memorandum of Appeal from the Original Side shall be in Form No. 1, and shall be drawn up in the manner prescribed by Order XLI, Rule 1 of the Code, and shall be presented to the Registrar, accompanied by a copy of the decree or order appealed from or a certified Photostat copy thereof along with a copy of the requisition submitted for drawing up and completion of the decree or order, as the case may be.]3. Registrar to accept Memorandum. – The Registrar shall accept and file a Memorandum of Appeal, if it is duly stamped and Rule 2 has been complied with, and if it appears to him to have been presented within the time allowed by the law of limitation. But such acceptance and filing shall Not be a bar to any objection that may be taken in respect of any of such matters at the hearing of the appeal.4. Endorsement of rejection. – When the Memorandum of Appeal is Not accepted by the Registrar he shall endorse thereon the date of its presentation and return it to the party or Advocate acting on the Original Side by whom it was tendered. Such Memorandum of Appeal may then be presented to the Appellate Court for admission.5. Application for admission of rejected Memorandum. – Application for the admission of a Memorandum of Appeal rejected by the Registrar shall be made to the Appellate Court at the earliest opportunity. The Appellate Court on hearing such application may admit or reject the same with or without Notice to the respondent. Where it is admitted without Notice to the respondent such admission shall Not be a bar to any objection that may be taken at the hearing of the appeal in respect of its admissibility.6. Amended Memorandum. – Where a Memorandum has been amended, it shall be the duty of the Registrar to authenticate the amendment by his signature.7. Registers to be kept. – There shall be kept two separate Registers of Appeals from the Original Side, one for appeals from decrees, the other for appeals from orders.8. Notice of Appeal. – Within one week from the date of admission of an appeal, or within such extended time as may be allowed by the Registrar, the appellant shall take out and deliver to tile Sheriff a Notice of Appeal for service on the respondent; in default, the appeal may be set down before the Appellate Court for disposal.Provided also that the cases where the appellant’s Advocate acting on the Original Side has received a letter from the defendant’s Advocate acting on the Original Side expressing readiness to accept service, the appellant’s Advocate acting on the Original Side or same person employed by him may serve the Notice of appeal upon the respondent’s Advocate acting on the Original Side.9. Form and return of Notice. – Notice of Appeal shall be in Form No. 2 and shall be returnable by the Sheriff or the appellant’s Advocates acting on the Original Side to the office of the Registrar immediately after service thereof but in No case later than eight days from the date of the Notice unless the Registrar shall otherwise direct. Such Notice shall be deemed to be Notice of the day fixed for hearing the appeal for the purposes of Order XLI of the Code of Civil Procedure.10. Who to prepare paper-book. – The appellant shall be responsible for the preparation of the paper-book.11. Contents of paper-book when appeal from decree. – Where the appeal is from a decree, the Paper-book shall consist of two parts, to be called Part I and Part II, which shall, respectively, contain the papers specified hereunder, arranged in order as there shown.The two parts of the Paper-book may be bound up in one volume (wherever convenient) and the Index placed at the beginning of the volume:-

Part I

(1) Plaint.(2) Written Statement.(3) The Issues.(4) Depositions of witnesses examined on behalf of the plaintiff, including depositions taken de bene esse or on commission, if filed and used at the hearing.(5) Depositions of witnesses examined on behalf of the defendant, including depositions taken de bene esse or on commission, if filed and used at the hearing.(6) The Judgment.(7) The Decree.(8) The Memorandum of Appeal.(9) Objections, if any, under Order XLI, Rule 22 of the Code of Civil Procedure.

Part II

(1) Documentary evidence filed on behalf of the parties, arranged in the following order:

(a) Such answers to interrogatories as have been used at the hearing and marked as exhibits, together with the interrogatories so answered.

(b) Correspondence.

(c) Entries in accounts.

(d) Other documents.

(2) Any document rejected by the Original Court, when its rejection is a ground of appeal or cross-objection.(3) Such other documents as both the appellant and the respondent consider necessary, or as the Registrar may direct on Notice to the parties:Provided that any documents or portion of documents which both the appellant and respondent agree Not to be necessary or relevant to the subject-matter of the appeal may, and all duplication of documents and unnecessary repetition of headings and other merely Formal parts of documents shall be excluded from the printed Paper-book. A description of the documents so excluded may appear (both in the Index and in the Record) if desired, with the words “Not printed” against each.Part I and its Index shall be strictly in chroNological order, and the documents in such part shall be numbered consecutively.The Index to Part II shall follow the order of the exhibit mark, and shall be placed immediately after the Index to Part I. The documents in Part II shall Not be numbered, apart from the exhibit mark.The documents and exhibits in Part II shall be arranged, as far as suitable, in chroNological order, mixing plaintiff’s and defendant’s documents when necessary. Each document shall show its exhibit mark and whether it is the plaintiff’s or defendant’s document (unless this is clear from the exhibit mark) and, in all cases, documents relating to the same matter, such as (a) a series of correspondence or (b) proceedings in a suit other than the one under appeal shall be kept together. The order in the Paper-book of the documents in Part II will probably be different from the order of the Index, and the proper page number of each document shall be inserted in the printed Index.12. Printing of documents similar in Form. – Where a number of documents in one Form have been filed in evidence, whether as one exhibit or Not, it shall Not be necessary to print more than one, but reference to the others may be made in the Paper-book by giving such particulars as to date or otherwise as may be necessary to show in what respect they differ from the document printed. A long series of documents such as accounts, rent rolls, inventories, etc., shall Not be printed in full, unless counsel so advise, but the parties shall agree to short extracts being printed as specimens.13. Paper-book in appeals from orders. – In the case of appeals from orders, the Paper-book shall contain only such papers as were used by the parties at the hearing and such other documents as both the appellant and the respondent consider necessary, or as the Registrar may direct on Notice to the parties; the arrangement of the papers, proceedings and documents in Parts I and II shall follow that indicated in Rule 11.14. Form of Index. – In all appeals each part of the Paper-book shall have an Index in the following Form:-

Number for Part I only Mark, if any in the original court (for Part II only) Description Date Whether the whole portion and if portion, what, to be inserted in the Paper-book Page of Paper-book (to be filled in after)
  1. Preparation approval and settlement of Index.– Within a week from the date of the filing of the Memorandum of Appeal or within such further time as the Registrar shall allow, the appellant shall prepare the Index according to the directions given in Rules 11 to 14 and send the same to respondent for approval. Where the Index is Not returned by the respondent approved or altered, within a week from its receipt or is returned neither approved Nor altered, the same shall be treated as approved. Where the Index is returned altered and the appellant accepts the alterations, the Index shall be treated as approved as altered. Where the Index is returned altered and the appellant does Not accept the alterations, the appellant shall within three days, after its return, file the same in the Registrar’s office and shall at the same time take out a Notice for the settlement of the Index before the Registrar returnable within three days, and serve the same on the respondent. The Notice with the endorsement of service shall be filed on the day of settlement. The Registrar shall thereupon settle the Index.Where the alterations made by the respondent in the Index are Not allowed, the respondent shall Not be entitled to any costs of and incidental to the settlement of Index.The Paper-book shall be prepared in accordance with the approved or settled Index.16. English translations.– Only the English translation of any document Not in the English language shall be printed in the Paper-book.17. Maps. – Maps Forming part of a Paper-book shall be included in the Index, but shall Not be bound up with the other papers in the Paper-book. Such maps shall be drawn, lithographed or printed on durable paper and they shall be arranged in such manner as the Registrar shall direct with a separate list.18. Directions for printing of Paper-book. – Unless otherwise ordered the Paper-book shall be prepared and printed in accordance with the directions given in Chapter XXXIII A, Rule 16, clauses (a) to (d).19. Number of copies. – Ordinarily there shall be printed fifteen copies of the Paper-book, but the Registrar may at his discretion direct a larger number to be printed.In addition to the copies above mentioned, thirty extra copies (in case of appeals to the Supreme Court) may be printed by consent of both parties or at the option of either of the parties. The extra cost in the one case shall in the first instance be shared equally and in the other case be borne by the party exercising the option.As to these extra copies, the following further directions shall be observed:-(1) The Paper-book shall be printed in accordance with all the directions given in Chapter XXXIII A, Rule 16.(2) Parts I and II shall be loosely stitched together.20. Record of steps to obtain office copies. – The Registrar shall keep a record of all applications for office copies intended for Paper-books showing the date of submission of the application, the date on which intimation was given to the applicant as to the amount of stamp-fees required, the date on which the stamp-fees were paid, and the date on which the office copies were ready for delivery.[21. Time for filing paper-book. – The appellant shall within six weeks from the index being approved or settled or within such extended time as the Registrar or the Appellate Court may allow, deliver three copies of the paper-book to the Registrar (two of them being bound with strong cardboard) at the same time producing for inspection by the Registrar Office copies of all depositions printed in the paper-book; and shall also without delay deliver to the respondent or to each respondent, where there is one appearing separately, as many copies as he may require Not exceeding six, on payment by him price being arrived at by dividing the cost of the printing by the number of copies printed exclusive of the extra copies (if any) printed as mentioned in Rule 19.

Note: The petitioner/appellant who have already filed six copies of paper books shall be at liberty to take back three copies of paper-books shall be at liberty to take back three copies of paper-books within three months from the date of publication of these Rules in the Official Gazette failing which the High Court will be at liberty to destroy/dispose of three extra copies of the paper-books.]

  1. Omission to file Paper-book.– In the event of Non-compliance with the last preceding rule, the respondent may, with the leave of the Court or a Judge, prepare and deliver such Paper-book, or he may apply, on Notice to the appellant, to have the appeal dismissed for want of prosecution or for such other order as he may be advised. Where No application is made the case shall be set down in the next Peremptory List of Appeals from the Original Side, and shall be disposed of by the Court as it shall think fit.23. Applications pending appeals.– Except as otherwise prescribed every application under this Chapter or in relation thereto or to appeals pending from the Original Side, shall be made to the Appellate Court.24. Application when Appellate Court Not sitting. – When the Appellate Court is Not sitting the applicant shall give Notice of the nature of his intended application to the Registrar who will communicate the same to the Chief Justice, so that a time may be fixed and arrangements made for the hearing of the application.25. Printing of Paper-books. – The Paper-book shall be clearly printed on substantial paper except where the appellant-

(a) has obtained leave to appeal in Forma pauperis, or

(b) files a written order from the Appellate Court dispensing with printing.

  1. Costs of Paper-book.– Should the Paper-book filed Not conForm to the rules in this Chapter, the Appellate Court shall have power to disallow as between party and party any costs in connection with the preparation of such Paper-book and also to direct that any costs occasioned by Non-observance of these rules shall be paid by the party in default.27. Disallowance of Paper-book costs as between Advocate acting on the Original Side and client.– When the appellant appears by an Advocate acting on the Original Side the preparation of the Paper-book in accordance with these rules shall in all cases be part of the duty to be discharged by the Advocate acting on the Original Side on behalf of his client; and in any case in which the Appellate Court shall be satisfied that such duty has Not been properly discharged for lack of reasonable skill or care the Appellate Court shall have power to disallow as between Advocate acting on the Original Side and client all or any part of the costs of preparation of the Paper-book and shall also but subject to the proviso hereinafter mentioned have power to make an order upon the Advocate acting on the Original Side personally to pay any costs occasioned by such negligence whether to the client or to any other party to the Appeal:Provided always that No such order for payment against an Advocate acting on the Original Side personally shall be made without giving to the Advocate acting on the Original Side such time Not being less than seven days as may be required for the purpose of stating upon affidavit any matters which he may desire to allege and an opportunity of being heard thereon either personally or by Counsel on his own behalf.28. Objections under order XLI, rule 22 treated as cross-appeal. – In case an appeal for any reason is Not brought to a hearing on the merits, any Notice of objection under Order XLI, rule 22 of the Code, may be treated as a cross-appeal on the application of the respondent by whom the same was given on such terms as the Appellate Court shall think fit.29. Power to enlarge time. – (a) The Appellate Court, or, if such Courts be Not sitting, a Judge sitting on the Original Side of the High Court may, upon application and upon sufficient cause being shown, enlarge the time prescribed by these rules for doing any act to be done under their provisions. An application for enlargement of time must ordinarily be made before the expiration of the prescribed time and must be supported by an affidavit, and also by a certificate of the Registrar showing the dates on which any acts prescribed by these rules were done.

(b) The Appellate Court, or the Judge as aforesaid, may also upon application and upon sufficient grounds verified by affidavit, exempt the parties or any of them from the operation of the whole or any part of these rules and may make such special order as shall appear desirable with regard to any matter with which these rules are concerned.

  1. In the rules of this Chapter the word ‘Registrar’ includes the Senior Master and Official Referee, Master and Official Reference, Assistant Master and Referee Deputy Registrar and also Assistant Registrar to be deputed by the Registrar.

Pauper Appeals

  1. Application to appeal as pauper.– Every application for leave to appeal as a pauper shall, in the first instance, be presented to the Registrar, who will ascertain whether it has been presented within the period prescribed by the law of limitation, and whether the provisions of the Code with respect to such application have been complied with. Where the application has been presented within the prescribed period, and the provisions of the Code have been complied with, the Registrar shall endorse on the application the date of its presentation and submit it with the necessary papers to the Appellate Court.32. Certain rules applicable.– Rules 7 to 9 and 11 to 16 of Chapter XII shall mutatis mutandis apply to appeals inForma pauperis.

Applications

  1. Rules applicable to applications.– The rules in Chapter XX as to Notice of application and filing of grounds and other papers shall apply to applications in appeal matters.

Reviews

  1. Form of memorandum of review.– Rules 2 and 3 shall, so far as applicable, apply,mutatis mutandis to applications for review. But an application resting on an alleged error in a judgment or other matter necessitating reference to the judgment shall be accompanied by a copy of such judgment, where a judgment has been recorded.35. Contents of such memorandum. – The memorandum of review shall set forth plainly and concisely the grounds on which review is sought, and where the application proceeds on the grounds of a discovery of new matter or evidence, there shall, if possible, be annexed thereto , the documents, if any, relied upon, a list of the witnesses, if any, whom it is proposed to examine, a short statement of the evidence expected to be given by them, and an affidavit setting forth the circumstances under which such discovery was made.36. Filing of such memorandum and motion. – Any person desiring a review of any decree or order shall, within the time prescribed by law, present his memorandum of review, properly stamped, to the Registrar, who shall file the same, where it appears to satisfy the requirements of the Code and of these rules; and the parties seeking review, shall, as soon as possible, move before the Judge who passed the decree or order for a rule calling on the other side to show cause why the application should Not be granted and the suit set down for re-hearing.37. Procedure when Judge absent. – Where the Judge who passed the decree or order sought to be reviewed has left the High Court or is absent on leave for more than three months, the application in the last rule mentioned shall be made to any other Judge on the Original Side.38. Forms. – The Form to which reference is made in this Chapter is in Appendix L.

CHAPTER XXXIA

References to a Full Bench

  1. If in any suit, appeal or any other matter which is being heard by a Bench of two or more Judges, Not being a Full Bench, the Judges are of opinion that there is a difference of opinion between–

(a) two Division Benches of this Court, or

(b) two Benches of two Judges, constituted under Rule 2 or Rule 3 of Chapter V or such a Bench and a Bench of three or more Judges, so constituted before the 1st July 1953, or

(c) two Benches of three or more Judges, constituted under Rule 2 or Rule 3 of Chapter V before 1st July 1953, or

(d) a ‘Division Bench of this Court and a Bench of two Judges constituted under Rule 2 or Rule 3 of Chapter V or a Bench of three or more Judges so constituted before the 1st July 1953;

or if the Bench differs from any previous decision of a Division Bench of this Court or of a Bench of two Judges constituted under Rule 2 or Rule 3 of Chapter V, or of a Bench of three or more Judges so constituted before the 1st July 1953, on any question arising for decision in the case and such question has Not been decided by any pre-Constitution decision of the Judicial Committee of the Privy Council or of the Federal Court of India or of the Supreme Court of India or of a Full Bench of this Court, the matter shall be referred to a Full Bench.2. Every decision of a Full Bench shall be treated as binding on all Division Courts, whether constituted of two or more Judges, and Benches of two Judges constituted under Rule2 or Rule 3 of Chapter V, and Judges sitting singly, upon the point of law or usage having the force of law determined by the Full Bench, unless it be subsequently reversed by a Bench, specially constituted, consisting of such number of Judges as in each case shall have been fixed by the Chief Justice, or unless a contrary rule has since been laid down in a pre-Constitution decision of the Judicial Committee of the Privy Council or of the Federal Court of India or in a decision of the Supreme Court of India.3. Where any matter is referred to a Full Bench under Rule 1, 40 copies of the Paper-book shall be prepared and printed by the Registrar through the Government of West Bengal Printing Press, but the Registrar may at his discretion direct a larger number to be printed.4. As soon as the order referring a matter to the Full Bench is signed, the Court Officer shall send the same to the Registrar, together with all the relevant papers.5. The Registrar shall within a fortnight from receipt of the Order of Reference and the relevant papers, prepare an Index of the papers to be printed in the paper-book and send the same to the parties or to the Advocates or Advocates acting on the Original Side acting for the parties in the suit, appeal or other matter for their approval. The Index shall be prepared in accordance with the directions contained and the Form prescribed in Rules 11 to 14 of Chapter XXXI of these Rules, so far as they may be applicable, provided that papers which have already been included in the paper-book of the appeal or other matter out of which the reference has arisen, shall Not be included again but the Order of Reference shall in all cases be included.6. The parties, Advocates or Advocates acting on the Original Side to whom the Index is sent for approval shall, within a week after receipt thereof or such further time as the Registrar shall allow, return the same to the Registrar, duly approved or altered. Where the Index is returned by all such parties within the period aforesaid as approved, it shall be the Index for the paper-book, as drawn. Where the Index is Not returned by any of the parties within a week from its receipt, Nor is any extension of time asked for within such period or where the Index is returned by all parties, neither approved or altered, it shall be treated as approved.7. Where the Index is returned within the aforesaid time by any of the parties with alterations, the Registrar shall, within 4 days from receipt of the altered Index, issue a Notice, returnable within a week thereafter, for settlement of the Index. Such Notice shall be sent to all the parties or their Advocates or Advocates acting on the Original side. The Registrar or such other Officer as he may direct shall thereupon settle the Index.8. After the Index is approved or comes to be treated as approved or is settled, the Registrar shall prepare typed copies of the papers specified in the Index, as so approved or settled, and shall send the same with the Index to the Government of West Bengal Printing Press for printing the necessary copies of the paper-books.9. The rules and directions contained in Chapter XXXI of the rules shall apply so far as may be to the paper-books to be prepared and printed under this Chapter.10. On receipt of the required number of the paper-books from the Press, the Registrar shall place the matter before the Chief Justice for constituting a Bench for hearing the Reference and also send as many copies of the paper-books as there are Judges to the Librarian, Judges’ Library, for distributing them to all the Judges.11. The Registrar, on receipt of the printed paper-books from the Press, shall also inForm all the parties that the paper-book has been printed and, on requisition from any of the parties, shall supply a copy of the paper-book on his furnishing the proportionate Court-fee Stamp at Re. 1 for each page of the paper-book including the cover page for 15 copies.12. After the Reference to the Full Court is disposed of and the judgment is signed, the Court Officer shall send the judgment to the Registrar. The Registrar shall then send a true copy of the judgment to the Government of West Bengal Press for printing 40 copies thereof.13. As soon as the printed copies of the judgments are received from the Press, the Registrar shall send as many copies thereof as there are Judges to the Librarian, Judges’ Library, for distribution amongst all the Judges and one copy shall also be sent to him for keeping in the Library.

CHAPTER XXXII

[Chapter XXXII (Appeals to the Privy Council) has been deleted with effect from 17-7-58 (vide Calcutta Gazette of 17-7-58, Part I, p. 2185-94).]

CHAPTER XXXIII

[Chapter XXXIII (Appeals to the Federal Court under section 205 of Government of India Act 1935) has been deleted with effect from 17.7.58 (vide Calcutta Gazette of 17.7.58, Part I, p. 2185-94).]

CHAPTER XXXIIIA

Civil Appeals to the Supreme Court

  1. Applicability of the rules.– The rules contained in this Chapter shall apply only to civil appeals to the Supreme Court.2.Matters connected with appeals to the Supreme Court, other than an application for the grant of a certificate under Articles 132(1) or 133(1) of the Constitution, and those with which the Registrar is authorised to deal, shall ordinarily be heard by the Division Bench appointed to deal with such matters (in this Chapter called “the Appellate Court”).3. Matters relating to (1) service of Notice or other processes, (2) substitution of parties and appointment or discharge of next friend or guardian-ad-litem of minors or persons of unsound mind, before the despatch of the record to the Supreme Court, (3) preparation of paper-books and (4) return of documents and matters, Not expressly required to be dealt with by a Bench competent to grant a certificate under Rule 2, or the Appellate Court, shall be dealt with and disposed of by the Registrar.4. An application for a certificate, either under Article 132(1) or under Article 133(1) of the Constitution of India, shall be heard by the Bench frOm whose judgment, decree or final order, it is intended to prefer an appeal to the Supreme Court. Unless otherwise ordered and except in a case the application for certificate is orally made at the time of proNouncement of the judgment, decree or final order, Notice of such application shall be given by the appellant or his Advocate to the Respondent or his Advocate. Provided however, that if a Judge or Judges, constituting such Bench be Not available, then such application shall be heard by a Bench to be constituted by the Chief Justice, which shall ordinarily be a Division Bench.5. Unless the Bench passing the judgment, decree or final order proposed to be appealed against determines on its own motion to grant a certificate under Article 132(1) or Article 133(1) of the Constitution of India, such a certificate may be applied for orally and on such oral application such Bench or in the event of such Bench Not being available for any reason, the Bench to be constituted in this behalf by the Chief Justice, shall either forthwith or so soon thereafter as may be disposed of the same in such manner as it may deem fit and proper.6. Any application for further appeal to the Supreme Court in which No steps have been taken for its prosecution for three months, may be placed on the hearing list on Notice to the parties or their Advocates, for being dismissed for default, unless good cause is shown to the contrary or be otherwise dealt with as the Appellate Court may think fit and proper.7. to 10. – Deleted. Published in the Calcutta Gazette dated October 18, 1982.11. to 20. Deleted. Published in the Calcutta Gazette dated June 22, 1977, Part I.21. Account of costs of printed record. – After the despatch of the printed Record to the Registrar of Supreme Court, the actual cost of and in connection with the same shall be ascertained and any balance remaining in the hands of the Registrar shall be refunded to the appellant.22. Notice to respondent of despatch. – Notice of the despatch of the printed Record to the Registrar of Supreme Court in Form No. 9 shall be issued by the Registrar for service on the parties, or their Advocates acting on the Original Side, if necessary by registered post or otherwise.23. Registrar’s certificate as to Notice to respondent of order admitting the appeal and despatch of printed record. – After the despatch of the transcript or printed Record the Registrar shall on being satisfied as to the service of the Notice in the preceding Rule 22 mentioned, prepare, sign and forward by post without delay, to the Registrar of the Supreme Court, a certificate that the respondent has been served with such Notice specifying therein the date or dates of service thereof.24. Transmission of supplemental record as to substitution. – The supplemental record dealing with substitution or recording death of parties shall be transmitted to the Supreme Court in manuscript instead of being printed at the cost of the appellant.25. Deleted vide Calcutta Gazette dated June 22, 1977, Part I26. Registrar includes Deputy and Assistant Registrars. – For the purpose of Rules 13, 14, 16 and 17 of this Chapter the word “Registrar” includes the Deputy Registrar or an Assistant Registrar to be deputed by the Registrar.27. Forms. – The Forms to which reference is made in this Chapter are in Appendix L.

CHAPTER XXXIIIB

Rules Relating to Civil Appeals

  1. The rules contained in this Chapter are supplemental to the existing rules contained in Chapter XXXIIIA of the Original Side Rules and shall apply to Civil Appeals to the Supreme Court in which a certificate has been granted by the High Court or Special Leave granted by the Supreme Court.2.These rules shall come into force from the date of the publication in the “Calcutta Gazette”.3. In these rules the word “Registrar” shall include Additional or Deputy Registrar or an Assistant Registrar to be deputed by the Registrar. The word “Court” shall mean High Court at Calcutta and includes the Bench (in this Chapter called the “Appellate Court”) consisting of two or more Judges of this Court as the Chief Justice may from time to time determine. “Application” means an application filed in this Court under clause (1) of Article 132 or Article 133 or Article 135 of the Constitution of India or under any provision of law in connection with appeals intended to be filed in the Supreme Court of India and includes applications of interlocutory nature. “Record Proper” means and includes complete collection of all documents to be included in the Paper Book. “The said rules” means and include the Supreme Court Rules, 1966, as amended from time to time.4. The provisions of Chapter XXXIIIA of the Rules of Original Side of this Court shall apply to all applications in connection with applications for leave to appeal to the Supreme Court. The certificates under Article 132(1) and Article 133(1) of the Constitution of India shall be in Form No. 2 respectively with such modification as may be necessary.5. All applications and matters under this Chapter shall be heard by the Appellate Court in relation to appeals intended to be filed to the Supreme Court except those as are expressly directed by the Court or by these rules to be dealt with by the Registrar.6. – Matters relating (1) service of Notice or other processes; (2) despatch of records to the Supreme Court; (3) return of documents and matters Not expressly required to be dealt with by the Appellate Court shall be dealt with and disposed by the Registrar.7. Immediately on the receipt of the Notice and the copy of the petition of appeal under Rules 11(1) and 10(ii) of Order XV of the said Rules, from the Supreme Court, the Registrar shall register the same in a Register to be kept for the purpose in respect of the Supreme. Court Appeals.8. (i) As soon as the said Notice and the copy of the petition have been received, the appellant shall be intimated to takeout and deliver to the Sheriff the said Notice of Appeal along with the copy of petition of appeal for service upon the respondent or respondents; in default the Supreme Court shall be intimated about the same.

(ii) The said Notice shall be returnable by the Sheriff to the office of the Registrar immediately after service thereof but Not later than seven weeks from the lodgment of the said Notices in cases where the respondent or respondents reside within the local limits of the Original jurisdiction of this Court and within nine weeks where the respondent or respondents reside beyond such limits within the State of West Bengal and eleven weeks where the respondent or respondents residing beyond such limits and outside the State of West Bengal but within the Union of India and fifteen weeks where such respondent or respondents residing outside the Union of India unless otherwise directed by the Court and /or the Supreme Court.

  1. The appellant or appellants or his or their lawyers shall thereupon immediately deposit with the Sheriff the costs and charges incidental to the service of the said Notice and the petition on the respondent or respondents or his or their lawyers.10.As soon as the Notice and the petition of appeal have been served on the respondent or respondents or his or their lawyers the Registrar shall send a certificate as to the date or dates on which such Notice was served on the respondent or respondents or his or their lawyers to the Registrar of the Supreme Court. The certificate shall be in Form No. 4. When such service canNot be effected, the Registrar shall send to the Registrar of the Supreme Court the certificate together with the return of the Sheriff endorsed on the Notice of the lodgment of the petition. Such certificate shall be in Form No. 5.11. Where the records are directed by the Supreme Court to be printed under the supervision of the Court, the same shall be printed in the manner prescribed by the Supreme Court Rules in this regard.12. For the purpose of transmission of the records to the Supreme Court the appellant in the Supreme Court shall deposit with the Registrar of this Court the necessary costs of such transmission and other incidental costs, if any, within a week from the intimation of the deposit.13. The Record Department concerned of this Court shall prepare an estimate of costs to be incurred in the matter of transmitting the records to the Supreme Court and shall inForm the appellant by letter under the signature of the Registrar the amount so to be deposited.On the amount of costs being deposited by the appellant as aforesaid, the necessary costs for transmitting the records to the Supreme Court shall be withdrawn.After the despatch of the records to the Supreme Court the appellant will be at liberty to withdraw the balance, if any, out of the deposit made by him which shall be in Form No. 6.14. The original records proper shall ordinarily be despatched to the Supreme Court by registered post parcel (insured) at the cost of the appellant unless otherwise directed by the Court or the Supreme Court. Provided always that it shall be in the discretion of the Registrar to despatch such records either by special messenger or by the mode hereinbefore mentioned if Not contrary to the direction made by the Court or the Supreme Court.15. In the cases of appeals by special leave, the provisions contained in this Chapter and in Chapter XXXIIIA and Order XVI of the Supreme Court Rules, 1966, shall apply mutatis muiandis.16. Where an order is made by the Supreme Court directing the High Court either by itself or by a Court subordinate to it to investigate into the pauperism, the Registrar shall, after receiving the order of the Supreme Court, place the same before the Chief Justice for such direction as to the investigation of pauperism, as the Chief Justice may direct. After the investigation as to the pauperism, has been completed and report made, the Registrar shall transmit the report of the investigation of pauperism, to the Registrar, Supreme Court.17. Where any matter has, by the judgment and order of the Supreme Court, been remanded to the Court, the Registrar on receipt of such records from the Supreme Court, shall forthwith place the same along with such judgment and order before the Chief Justice for necessary direction, unless otherwise directed by the Supreme Court.18. The Forms to which reference is made in this Chapter are in Appendix LA.

CHAPTER XXXIV

References from the Calcutta Court of Small Causes and Revision

[Rules 1 to 9 of Chapter 34 have been repealed and deleted. Vide Calcutta Gazette dated the 30th January, 1947, Part I, page 181

CHAPTER XXXV

Testamentary and Intestate Jurisdiction

  1. Non-contentious business.– Non-contentious business shall include the business of obtaining probate and letters of administration (with or without the will annexed, and whether general, special or limited) where there is No contention as to the right thereto, including the passing of probates and letters of administration through the Court in contentious case where the contest is terminated, and allex parte business to be taken in the Court in matters of testacy, and intestacy, Not being proceedings in any suit, and also the business of lodging caveats against the grant of probate or letters of administration.2. Will to include codicil. – The word “will” in this Chapter includes a “codicil”.3. Notice of application to whom to be given. – The Registrar shall give Notice of all applications for probate or letters of administration to the Secretary to the Board of Revenue. Such Notice shall be accompanied by a copy of the affidavit of valuation to be supplied by the petitioner, as provided in Rule 4, and certified by the Court to be the true copy of the original affidavit of valuation.4. Application for probate or letters of administration, or a certificate. – (1) Every application for probate or for letters of administration with or without the will annexed shall be accompanied by –

(a) A certificate of the Registrar as to duty having been paid (Form No. 1) or a certificate of the Taxing Officer that No duty is payable (Forms Nos. 2, 2A and 3).

(b) A certificate of the Registrar that No intimation has been received by this Court from any other High Court or any District Court, of any grant of probate or letters of administration of the property and credits of the deceased with effect throughout the whole of Union of India (Form No. 4).

(c) A copy of the affidavit of valuation for the purpose mentioned in Rule 3.

(2) Every application for a certificate under section 376 of the Indian Succession Act shall be accompanied by a certificate of the Registrar that the fee payable under section 379 of the said Act has been paid. And also by a certificate of the Registrar that No intimation has been received by this Court from any other High Court or any District Court of any grant of probate or letters of administration of the property and credits or a succession certificate of the deceased with effect throughout the whole of the Union of India.4A. Affidavit of valuation to be filed with application. – Except in a case where the Administrator-General is the applicant, with every application for grant of probate or letters of administration there shall be filed an affidavit of valuation in the Form set forth in Schedule III of the Court-fees Act, 1870.4B. Postponement of payment of ad valorem fee till caveat disposed of. – In a case where a caveat has been filed prior to the presentation of the application for grant of probate or letters of administration, or where the applicant, on the presentation of such an application, prays in the first instance for the issue of a citation, the payment of the ad valorem fee payable on the valuation may be postponed till any caveat filed has been disposed of.4C. Payment of postponed fee before application for decree or order for grant. – In all cases where the payment of the ad valorem fee has been postponed under the preceding rule, the applicant shall, before applying for an order or decree for the issue of the grant to him, produce to the Judge or Court, as the case may be, a certificate of the Registrar or. Taxing Officer, showing that the ad valorem fee has been paid, or is Not payable, as the case may be, as required by Rule 4A of this Chapter.5. Proof of identity. – The Judge may, in cases where he deems it necessary, require proof, in addition to the usual statement required to be made in the petition, of the identity of the deceased or of the party applying for the grant.5A. In all applications for probate, or .for letters of administration with the will annexed the petition shall state the names of the members of the family or other relatives upon whom the estate would have devolved in case of an intestacy together with their present place of residence.6. Renunciation. – No person, who renounces probate of a will or letters of administration of the property of a deceased person in one character, shall, without the leave of the Judge, take out representation to the same deceased in another character.7. Administration to a creditor. – In all applications by a creditor for letters of administration, it shall be stated particularly how the debt arose and whether the applicant has any and what security for the debt.8. Production of deed, paper, etc. referred to in will. – Where a will contains a reference to any paper, memorandum, or other document of such a nature as to raise a question whether it ought Not to Form a constituent part of the will, such paper, memorandum or other document should be produced with a view to ascertain whether it is entitled to probate, and where Not produced, its Non-production must be accounted for. No paper, memorandum, or other document can Form part of a will unless it was in existence at the time when the will was executed.9. Citation to rightful parties. – On an application for letters of administration, unless otherwise ordered, a citation shall issue to all persons having a right to take the grant prior or equal to that of the applicant, unless such persons have signified their consent to the application.10. Citations on application by creditor. – Where letters of administration are applied for by a creditor, a special citation shall be issued to the widow, if any, and to the next-of-kin provided they shall be resident within the jurisdiction or have any known agent or agents resident within the jurisdiction, and to the Administrator-General of West Bengal, and a general citation shall be issued to all persons claiming to have any interest in the estate of the deceased.11. Citation where deceased is a woman of the town. – Where letters of administration of the estate of a deceased woman of the town are applied for, a special citation shall be issued to the Solicitor to the State of West Bengal. Where properties in States other than West Bengal are disclosed in the Affidavit of Assets, a special citation shall be issued to the Legal Remembrancer of the State or States where the property or properties may be situate.12. Direction in citation to show cause on a certain day. – All citations shall, unless otherwise ordered, direct the persons cited to show cause on the fourth day from the day of service where the parties to be cited reside within the town of Calcutta, or on such day certain as the Judge shall direct where they reside outside Calcutta; and, where they canNot be served in the manner provided for service of process, may be served by the insertion as an advertisement in such local newspapers as may be directed, of a Notice in Form No. 5.13. Grants limited to State of West Bengal. – All grants of probate or letters of administration (with or without the will annexed) other than grants under the Administrator-General’s Act shall, unless otherwise ordered, be drawn up by the Registrar with effect within the State of West Bengal.14. Grants throughout Union of India. – In all cases under the Indian Succession Act, in which it is sought to obtain a grant of probate or letters of administration (with or without the will annexed) to have effect throughout Union of India, or under the Administrator-General’s Act with effect throughout any or all of the States other than the State of West Bengal such grant must be expressly asked for, and it must be shown where the assets are situated.15. One or more sureties to the bond required. – Every person to whom a grant or letters of administration, other than a grant under section 212 of the Indian Succession Act is committed, shall give a bond to and in the name of the Chief Justice with one or more sufficient sureties to be approved by the Registrar. Such bond shall in all cases be prepared in the office of the Registrar (Forms Nos. 6 and 7) and shall, unless otherwise ordered by the Court or a Judge, be given in the amount of the full value of the property for which the grant is to be made.16. Guarantee Society as surety. – A Guarantee Society, duly approved of by the Full Court, may be accepted as surety upon its joining in a bond with the Administrator or Administrators in either Form No. 8 or Form No. 9 and in cases where the bond is in excess of the limit mentioned hereunder in like Forms as nearly as may be with such variation as the circumstances of the case may require.Under Rule 16 the following Guarantee Companies have been approved by the Court. AgainSt each Company is stated the amount up to which bonds are accepted.

Name of the Company Limit
1. National Insurance Co. Ltd 40 Lakhs
2. The Oriental Fire and General Insurance Co. Ltd. 5 Lakhs
3. The New India Assurance Co. Ltd. 5Lakhs
4. Mercantile Bank Ltd. 4 Lakhs
5. Mercantile Bank (Agency) Pvt. Ltd. 1 Lakhs
6. Dalhousie Holdings Ltd. 3 Lakhs 60 thousands
7. United India Fire and General Insurance Co. Ltd. 40 Lakhs

16A. Leave may be given by a Judge to a Guarantee Society to enter into a bond in excess of its limit mentioned under the preceding rule on such terms, if any, as the Judge in his absolute discretion thinks fit. Such leave may be obtained on an application made by the Guarantee Society by letter addressed to the Registrar. The letter shall be placed by the Registrar before a Judge for orders, and the order of the Judge shall be conveyed to the Society by a letter from the Registrar.17. Procedure where such Society has Agents. – Where such a Guarantee Society is represented by Agents, the document or documents authorising the latter to act on behalf of the Society shall in the first instance be submitted to and approved of by the Full Court and whenever a bond is sent to them for signature, it must be accompanied by a letter in Form No. 10 and the Agents shall sign a reply in Form No. 11.18. Filing of annual balance sheet of such Society. – Every such Society shall each year file with the Registrar a copy of the Society’s annual balance sheet duly audited, which copy shall be verified by the affidavit of the Agent or principal officer and be submitted by the Registrar to the Full Court.18A. Repealed with effect from 1st June, 1933.]18B. Repealed with effect from 1st June, 1933.]19. Attestation of bonds. – The execution of administration bonds by persons other than a Guarantee Society shall be attested by the Registrar or Master or, where executed outside the Court House, by the Registrar or Master or such gazetted officer as may be Nominated by the Registrar for that purpose.20. Certificate under section 274 of the Indian Succession Act. – With every certificate to be sent to a High Court, under the provisions of section 274 of the Indian Succession Act, or section 20 of the Administrator-General’s Act, the Registrar shall send a copy of so much of the schedule of the property and credits of the deceased as relates to the estate within the jurisdiction of such Court.21. Amendment of grant to extend to Union of India. – A grant with effect within the State of West Bengal (a) under the Indian Succession Act, or (b) under the Administrator-General’s Act, may be amended so as to extend its effect in case (a) throughout the Union of India or in case (b) throughout any or all of the other States. The application shall be on petition supported by a further affidavit of valuation in the Form set out in Schedule III to the Court Fees Act with such variations as the circumstances may require, and on payment of the probate duty payable in respect thereof, and in case of grant of letters of administration with or without the will annexed, on the petitioner giving a further bond, the grant may be amended accordingly.22. Register of grant, etc. – Only the grant, and the will, if any, shall be copied in the registers. Where the will is in any vernacular or foreign language, the official translation only shall be copied.23. Exemplification or official copy. – An exemplification or official copy under the signature of the Registrar and the seal of the Court, of a grant so entered in the register, or of a will in respect of which a grant has issued may be obtained on payment of the prescribed fees.24. Caveat. – Any person intending to oppose the issuing of a grant of probate or letters of administration must either personally or by his Advocate acting on the Original Side file a caveat in the Registry in Form No. 12. Notice of the filing of the caveat shall be given by the Registrar to the petitioner or his Advocate acting on the Original Side. (Form No. 13).25. Affidavit in support of caveat. – Where a caveat is entered after an application has been made for a grant of probate or letters of administration with or without the will annexed, the affidavit or affidavits in support shall be filed within eight days of the caveat being lodged, Notwithstanding the long vacation. Such affidavit shall state the right and interest of caveator, and the grounds of the objections to the application.26. Notice to caveator to file affidavit. – Where an application for grant of probate or letters of administration with or without the will annexed is presented after a caveat has been filed, the Registrar shall forthwith issue Notice to the caveator, calling upon him to file his affidavit or affidavits in support of his caveat within eight days from the service of such Notice.27. Consequence of Not filing affidavit. – Where the caveator fails to file any affidavit in support of his caveat in compliance with rule 25 or in compliance with the Notice issued under rule 26, the caveat may be discharged by an order to be obtained on summons.28. Procedure on affidavit being filed. – Upon the affidavit in support of the caveat being filed (Notice whereof shall immediately be given by the caveator to the petitioner), the proceedings shall, by order of a Judge upon application by summons be numbered as a suit in which the petitioner for probate or letters of administration shall be the plaintiff, and the caveator shall be the defendant, the petition for probate or letters of administration being registered as and deemed a plaint filed against the caveator, and the affidavit filed by the caveator being treated as his written statement in the suit. The procedure in such suit shall, as nearly as may be, be according to the provisions of the Code. (Forms Nos. 14 and 15).28A. When an application for grant of Probate or Letter of Administration is registered as a suit, a Notice (Form No. 15) shall be given to the plaintiff fixing the date and the time for assessment by the Stamp Reporter of the fee payable under the proviso to item No. 1(g) of Schedule II to the West Bengal Court-fees Act, 1970. After such fees are assessed either by the Stamp Reporter or under the provisions of section 5 of the West Bengal Court-fees Act, 1970, as the case may be, a Notice (Form No. 16) shall be given to the plaintiff to pay the same within the time to be fixed by the Registrar. If the fee so assessed, is Not paid within the time fixed by the Registrar, the matter will be placed before the Court for necessary orders. When the fee so assessed is paid and the plaintiff undertakes to pay such further fees as may be found payable in the event of the valuation given by the plaintiff in the affidavit of assets being found to be less than the proper value as may be determined under section 28 or under section 31(6) of the Court-fees Act, 1970, the Registrar shall issue a certificate (Form No. 17) that the Court fee payable under the said proviso has been paid.29. Notice to prove will in solemn Form. – The party opposing a will may, with his affidavit, give Notice to the party setting up the will that he merely insists upon the will being proved in solemn Form of law, and only intends to cross-examine the witnesses produced in support of the will, and he shall thereupon be at liberty to do so, and shall Not, in any event, be liable to pay the costs of the other side, unless the Court shall be of opinion that there was No reasonable ground for opposing the will.30. Trial of preliminary issue. – The Court may, on the application of the petitioner by summons to the caveator before making the order mentioned in Rule 28, direct the trial of an issue as to the caveator’s interest. Where, upon the trial of such issue, it appears that the caveator has No interest, the Court shall order the caveat to be discharged, and may order the issue of probate or letters of administration, as the case may be.31. Where value of estate under Rs. 2,000, Court-fee Not to be charged. – Where the gross value of the estate as shown in the affidavit of valuation does Not exceed Rs. 2,000 No Court-fees shall be charged, provided the petitioner undertakes to pay to the State of West Bengal, or other party entitled thereto, the fees of Court in case the estate shall thereafter be found to be of greater gross value than Rs. 2,000.32. Where estate undervalued how Court-fees may be recovered. – It shall be lawful for the Court on the application of the Advocate-General or of any person claiming to be entitled to the fees payable under an undertaking given in accordance with Rule 31, to call upon the executor or administrator liable under the undertaking, to pay such fees, and upon the hearing of the application to discharge the same, or to make an order absolute for the payment of such fees, together with such order touching the costs of the application as it shall see fit, and every such order shall be enforceable in the same manner as any other order of Court whereby any party is directed to pay money or costs.33. Practice. – In cases Not provided for by this Chapter, or by the rules of procedure laid down in the Indian Succession Act, or the Administrator-General’s Act, or the Code, the practice and procedure of the Probate Division of the High ,Court of Justice in England shall be followed so far as they are applicable and Not inconsistent with this Chapter and the said Acts.34. Name, etc. of petitioner and caveator in petition and caveat. – The name, true place of abode, description, and occupation, if any, of the petitioner, shall be given in the petition and of the caveator in the caveat.35. Deleted.36. Notice of probate or letters of administration to Collector. – Wherever a grant of probate or letters of administration is made and it appears, either from the application or is otherwise brought to the Notice of the Court, or the Registrar, that any revenue-paying estate or share of such estate situate outside Calcutta is included in the estate of the deceased in respect of which the grant is made, the Registrar shall Notify the grant to the Collector of the District in which such estate or part of an estate is situated.37. These rules how far inapplicable to the Administrator-General. – Nothing in the rules in this Chapter shall apply to application or acts to be done by the Administrator-General, in so far as they conflict with the provisions of the Administrator-General’s Act.37A. In the rules of this Chapter, the word ‘Registrar’ includes the Registrar-in-Insolvency.38. Form. – The Forms to which reference is made in this Chapter are those in Appendix M.

CHAPTER XXXVA

Matrimonial Suits under the Indian Divorce Act (IV of 1869) and Amending Acts

Petition and Notice to Appear

  1. How proceedings to be originated. Cf. Eng. rule 1. Title.– Proceedings under the Act shall be originated by filing a petition to which shall be attached a certified copy of the certificate of the marriage.A.All such proceedings shall be entitled as follows:-

In the High Court at Calcutta

Original Side (Matrimonial Jurisdiction)

In re The Indian Divorce Act (Act IV of 1869)

Between A. B. Petitioner

C.D. Respondent, and

X.Y Co-respondent.

  1. Contents of petition.– In the body of the petition shall be stated:-(1) The place and date of the marriage and the name, status and domicile of the wife before marriage;(2) whether the petitioner or respondent professes the Christian religion at the time when the petition is presented;(3) the domicile of the husband at the time when the petition is presented, and his occupation and the place or places of residence of the parties, respectively at the time of institution the suit;(4) the principal permanent addresses where the petitioner and respondent have cohabited within the jurisdiction, and in particular the place where they last resided together;(5) whether there is living issue of the marriage, and if so, the names, and dates of birth or ages, of such issue;(6) whether there have been in any Court any, and if so, what previous proceedings with reference to the marriage, by or on behalf of, either of the parties to the marriage, and the result of such proceedings;(7) the matrimonial offences charged, set out in separate paragraphs including particulars of the times and places of their alleged commission.C. Collusion or connivance.– In cases where the petitioner is seeking a decree of nullity of marriage or of dissolution of marriage, or of judicial separation, the petition shall further state that No collusion or connivance exists between the petitioner and the other party to the marriage or alleged marriage.D. Prayer of petition Cf. Eng. rule 1B. – The petition shall conclude with a prayer setting out particulars of the relief claimed, including the amount of any claim for damages and any order for custody of children which is sought.E. Signature of petition. – Every petition shall be signed by the petitioner. In the case of a minor it shall be signed both by the minor and by his or her next friend and shall be accompanied by the undertaking mentioned in section 49 of the Act and by a petition for approval of the next friend by the Court. In the case of a petition brought under section 48 of the Act it shall be signed by the person bringing the suit.F. Verification of petition. – Pursuant to section 47 of the Act every petition shall be verified in manner provided by Order VI, rule 15, Civil Procedure Code and Rule 8 of Chapter VII of these Rules.

Co-respondents

  1. Alleged adulterers to be co-respondents Cf. Eng. rule 4.– In every husband’s petition for dissolution of marriage on the ground of adultery the alleged adulterers shall be made co-respondents in the suit unless the Judge shall otherwise direct by order on summons supported by affidavit.3. Respondent includes co-respondent. Cf. Eng. rule 5.– The term “respondent” in these rules shall include a Co-respondent so far as the same is applicable.

Service of Petition

  1. Copy petition to accompany writ.– Each writ of Summons for service of each respondent shall have annexed thereto a certified copy of the petition.5. How served. Cf Eng. rule 7.– The writ of summons shall be served on each respondent personally by delivery of a copy thereof together with a certified copy of the petition. The service shall be through the Sheriff. The writ of summons may Not be served by the petitioner.6. Application for substituted service. Cf. Eng. rule 9. – Where personal service canNot be effected leave to substitute some other mode of service may be granted upon an application under Rule 23 of Chapter VIII of these Rules.7. Service by advertisement Cf. Eng. rule 12. – When it is ordered that a writ of summons shall be advertised the Form of advertisement shall be settled by the Registrar and the newspapers containing the advertisements shall be filed.8. Order dispensing with service of petition. – No order dispensing with service of a petition upon a party to be affected thereby shall be made by the Registrar.9. No trial unless appearance on service. Cf. Eng. rule 13. – In the absence of any such order a petitioner shall Not proceed to trial unless an appearance has been entered by or on behalf of the respondents or it has been shown by affidavit filed with the Registrar that they have been duly served with the petition in accordance with Rules 4 to 7 hereof. Rule 22 of Chapter VIII of these Rules shall apply under this rule.

Appearance

  1. Appearance to be entered and Notified.– Appearance shall be entered and Notified in accordance with Rules 15-20 and 24 of Chapter VIII of these Rules.11. Appearance may be limited or under protest. Cf. Eng. rule 16B.– The appearance may be under protest or limited to any proceeding in the suit in respect of which the party shall have received Notice to appear : Provided that (a) any appearance under protest shall state concisely the grounds of protest, and (b) the party appearing under protest shall forthwith proceed by summons to obtain directions as to the determination of the question or questions arising by reason of such limited appearance and in default of so proceeding shall be deemed to have entered an unconditional appearance. Directions to be given upon an appearance under protest may provide for the trial of preliminary issues with or without stay of proceedings in the suit or for determination of the matters in question at the hearing of the suit.

Staying Proceedings for Restitution

  1. Application to stay restitution proceedings. Cf. Eng. rule 20.– At any time after the commencement of proceedings for restitution of conjugal rights the respondent may apply to the Judge by summons for an order to stay the proceedings by reason that he or she is willing to resume or to return to cohabitation with the petitioner.

Answer and Subsequent Pleadings

  1. Answer to petition. Cf. Eng. rule 21.– A respondent who has entered an appearance may within time limited by the writ of summons file with the Registrar an answer to the petition. Such answer shall be signed and verified in manner required by law for the verification of pleadings.14. Reply to answer. Cf. Eng. rule 23.– Where in any suit for the dissolution of marriage it appears from the answer that the respondent will apply for relief under section 15 of the Act, the petitioner shall file a reply thereto within fourteen days from the filing of the answer. Save as aforesaid No pleadings subsequent to the answer shall be delivered except by leave.15. No answer necessary if question of costs or custody of children. – After entering an appearance a respondent in a suit may without filing an answer be heard in respect of any question as to costs and a respondent who is husband or wife of the petitioner may be heard also as to custody of or access to children.

Citation and Intervention of Parties

15A. Name of co-respondent to be stated. – Where the answer of a husband alleges adultery by the petitioner, such answer shall state the name, address and description of the alleged adulterer.15B. Where relief prayed for under Section 15. – Where such answer prays for relief under section 15 of the Act, a writ of summons, to which shall be annexed a certified copy of such answer, shall issue for service on the alleged adulterer, and the provisions of Rules 4 to 9 inclusive, and, where applicable, all other rules governing petitions, shall apply to such answer in so far as it alleges adultery by the petitioner and asks for relief.15C. Addition as a party. – Upon an answer to which Rule 15B applies being filed the Registrar shall cause the name, address and description of the alleged adulterer to be added to the title of the cause with the word “co-respondent” thereafter.15D. Appearance and filing of answer. – Appearance shall be entered and Notified by the alleged adulterer in accordance with the rules contained in this Chapter and the alleged adulterer may within the time limited by the writ of summons file with the Registrar an answer to the answer of the respondent. Such answer shall be signed and verified in the manner required by law for the verification of pleadings.15E. Notice. Time for intervening. – Where the answer of a husband alleges adultery by the petitioner and No relief is claimed there shall be served upon the alleged adulterer by the respondent or his Advocate acting on the Original Side within 7 days of the filing of the answer or such further time as the Court may allow a certified copy of the answer together with a Notice to be issued by .the Registrar that he is entitled within 14 days or such further time as the Court may allow to apply to the Court for leave to intervene and upon such application he may be allowed to intervene subject to such direction as may be given by the Court.15F. Filing of answer. – In a case to which Rule 15E applies upon leave to intervene being given the alleged adulterer may within 7 days or such further time as the Court may allow file with the Registrar an answer to be signed and verified in the manner required by law for the verification of pleadings and the Registrar shall cause the name, address and description of the alleged adulterer to be added to the title of the cause with the word “intervener” thereafter.

Addition of Parties

  1. Application to add parties.– Save as otherwise provided by Rule 26 hereof or by the rules applicable to the officer appointed under section 17A of the Act, any person claiming to be added as a party or to have a party added to the suit or matter shall apply to the Court by Notice of motion.

Evidence taken by Affidavit

  1. Evidence by affidavit.Cf.Eng. rules 36, 37. – Where any party proposes under section 51 of the Act to verify his case by affidavit such affidavit or affidavits must be filed within fourteen days after the party has received Notice that the case has been entered in the Prospective List and the party shall forthwith apply on summons to the other parties to the Registrar for directions as to the deponents being produced for cross-examination at the hearing.

Examination of Witnesses before Hearing

  1. Security for costs of commission orde bene esse. Cf.Eng. rule 39 (B). – When an order is made for the examination of a witness on commission or de bene esse, a wife may apply for security for her costs of the exanunation at the time of the order or subsequent by summons.

Trial of Issues

  1. Separate trial of issues.Cf.Eng. rule 40. – A Judge may direct, and any petitioner and any party to a cause who has entered an appearance may apply on summons to a Judge for a direction for, the separate trial of any issue or issues of fact, or any question as to the jurisdiction of the Court.

Proceedings in Chambers

  1. To whom to be made. Cf. Eng. rule 41.– All applications under these Rules which are Not hereby directed to be made to the Court or to a Judge may be made to the Registrar.21. Appeal from Registrar. Cf. Eng. rule 45.– An appeal from an order or decision of the Registrar may be made to a Judge in Chambers under Rule 15 of Chapter VI of these Rules.

Petition for Reversal of Decree or Judicial Separation

  1. Petition to reverse decree.Cf.Eng. rule 47. – A petition to the Court for the reversal of a decree of judicial separation must set out the grounds on which the petitioner relies.23. Appearance of party praying reversal. Cf. Eng. rule 48. – Before such a petition can be filed an appearance on behalf of the party praying for a reversal of the decree of judicial separation must be entered in the suit in which the decree has been proNounced. Leave to enter such appearance shall be granted by the Registrar ex parte.24. Copy petition to be served. Filing answer thereto. Cf. Eng. rule 49. – A certified copy of such petition, under seal of the Court, together with a Notice of motion (Form No. 1 Appendix MM) returnable before the Judge in Court shall be served personally upon the party in the suit in whose favour the decree has been made unless leave to substitute some other Form of service has been obtained under Rule 23 of Chapter VIII of these Rules. Such party may within fourteen days file with the Registrar an answer thereto.25. Subsequent pleadings and proceedings. Cf. Eng. rule 50. – All subsequent pleadings and proceedings arising from such petition and answer shall be filed and carried on in the same manner as before directed in respect of an original petition and answer thereto so far as such directions are applicable.

Showing cause against a Decree Nisi

  1. Application to show cause.Cf.Eng. rule 52. – Any person other than the Officer appointed under section 17A of the Act wishing to show cause under section 16 of the Act against making absolute a decree nisi shall apply ex parte by petition to the Court for leave to show cause. If the leave be granted such person shall, within seven days from the date of the order enter an appearance in the cause in which such decree nisi has been proNounced and file affidavits setting forth the facts upon which he relies, and shall within seven days from appearance serve certified copies of such affidavits on the party or the Advocate acting on the Original Side of the party in whose favour the decree nisi has been proNounced.27. Affidavits in answer. Cf. Eng. rule 53. – The party in the suit in whose favour the decree nisi has been proNounced may within fourteen days after delivery of the affidavits file affidavits in answer, and the person showing cause against the decree nisi being made absolute may within fourteen days file affidavits in reply.28. No affidavits in rejoinder without leave. Cf. Eng. rule 54. – No affidavits shall be filed in rejoinder to the affidavits in reply without leave of the Registrar or Judge and subject to any direction by the Judge the matter shall he heard.and decided in the same manner as provided in the case of an original petition.

Decree Absolute

  1. Six months between decreenisiand absolute. – The time within which a decree nisi may Not under section 16 of the Act be made absolute shall be six months from the proNouncing thereof.30. Application for decree absolute. Cf. Eng. rule 56. – Application to make absolute a decree nisi shall be made to the Court by filing with the Registrar a petition in writing setting forth that application is made for such decree absolute, which will thereupon be proNounced in open Court at a time appointed for that purpose. In support of such application there shall be exhibited a certificate of the Registrar that the requisite time has elapsed since the date of the decree nisi, and that up to within six days of the date appointed for the hearing of the application No person had intervened or obtained leave to intervene in the cause, and that No appearance has been entered Nor any affidavits filed on behalf of any person wishing to show cause against the decree nisi being made absolute; and in case leave to intervene has been obtained, or appearance entered or affidavits filed on behalf of such person, the certificate shall show what proceedings, if any, have been taken thereon. Forms of certificate are given in Appendix MM, Nos. 2 and 3. If more than twelve calendar months have elapsed since the date of the decree nisian affidavit by the petitioner giving reasons for the delay must be filed.

Alimony

  1. Petition for alimony. Service of petition. Cf. Eng. rule 57.– A wife who is petitioner in a suit after service of the writ of summons and a wife who is a respondent may after entering appearance file a petition for alimony, pending suit under section 36 of the Act.Such petition shall be verified as required by law for a plaint and a copy thereof together with a summons (Form No. 4 in Appendix MM) shall be served personally on the husband, except leave shall have been obtained from the Judge to substitute some other Form of service.32. Answer thereto. Cf. Eng. rule 58.– The husband may, within fourteen days or such further time as may be allowed, file an answer thereto duly verified as required by law for a pleading.33. Hearing of summons. – Such summons shall be returnable before the Judge in Chambers who may make an order on the said petition or give such directions as to further evidence as he may think fit or refer the matter to an officer of the Court for a report or adjourn the same into Court for hearing.34. Applications under section 37 and 38 of Divorce Act. – All applications under section 37 of the Act shall be made to the Court by Notice of motion supported by affidavit. Such applications must be brought within one month of the completion of the decree absolute declaring a marriage to be dissolved or decree for judicial separation as the case may be, provided that an extension of time may he obtained from the Judge on summons. Applications for the appointment of a new trustee under section 38 of the Act shall be made on summons returnable before the Judge in Chambers.35. Date payments under section 37 to commence. – Monthly or weekly sums ordered to be paid to a wife for her maintenance and support under section 37 of the Act shall unless otherwise ordered commence from the date of the decree absolute or decree for judicial separation as the case may be.36. Interim order. – Pending the final determination of an application under section 37 of the Act an interim order may be made upon such terms as shall appear to the Court to be just and without prejudice to the effect of the order to be ultimately made.

Variation of Settlements

  1. Applications under sections 39 and 40 of Act.– All applications under sections 39 and 40 of the Act shall be made on Notice of motion to the Court. The Court may make such reference for enquiry or report and to such officer as it may think fit but No order for the settlement of a wife’s property or for the settlement of damages or for the variation of settlements shall be made except by the Court.

Custody and Maintenance of Children and Access

  1. Applications under sections 42 and 43 of Act.– Applications for interim orders under sections 41 and 43 of the Act shall be made on summons to the Judge in Chambers supported by affidavit.39. Applications under sections 42 and/ 44 of Act.– Applications under sections 42 and 44 of the Act shall be made by petition, which shall be verified as required by law for a plaint and which together with a summons (Form No. 5 in Appendix MM) returnable before the Judge in Chambers shall be served personally upon the party or parties to be affected thereby except leave shall have been obtained from the Judge to dispense with such service or to substitute some other Form of service.40. Showing cause. – Any such party may show cause against the petition by filing affidavits or by filing an answer verified as required by law in the case of a pleading. Rule 33 of this Chapter shall apply to the proceedings on such petition.

Taxing Bills of Costs

  1. Taxation. Cf. Eng. rule 84.– All bills of costs shall be referred to the Taxing Officer for taxation and may be taxed by him without special order for that purpose.

Wife’s Costs

  1. Procedure to obtain order for wife’s costs. Cf. Eng. rule 91.– When the pleadings are complete or at an earlier stage of a suit by order of the Judge or of the Registrar to be obtained on summons, a wife who is petitioner or has filed an answer may file her bill or bills of costs for taxation as against her husband and the Registrar shall ascertain what is a sufficient sum of money to be paid into Court or what is a sufficient security to be given by the husband to cover the costs of the wife of and incidental to the hearing of the cause, and may thereupon, unless the husband shall prove to the satisfaction of the Registrar that the wife has sufficient separate estate or show other good cause, issue an order upon the husband to pay her costs up to the setting down of the cause and to pay into Court or secure the costs of the hearing within a time to be fixed by the Registrar. The Registrar may in his discretion order the costs up to setting down to be paid into Court.43. Payment of costs into Court. Cf. Eng. rule 93.– The order for payment of costs in which a respondent or co-respondent has been condemned by a decree nisi drawn up before the decree nisi is made absolute, shall direct payment into Court and such costs shall Not be paid out of Court to the party entitled to receive them under the decree nisi until the decree absolute has been obtained; but the wife who is unsuccessful in a cause, and who at the hearing of the cause has obtained an order for costs may nevertheless proceed at once to obtain payment of such costs after allowance thereof on taxation.

Removal of Suits, Etc.

  1. Application under section 8 of the Act.– An application to the High Court to remove a suit or proceeding under section 8 of the Act shall be made by anex parte application to the Judge on the Original Side in open Court for a rule upon the party or parties concerned to show cause against such removal.

Times fixed by these Rules

  1. Varying of times fixed. Cf. Eng. rule 82(A).– The time fixed by these Rules for the perFormance of any act may be varied by Order of a Judge or the Registrar subject to such qualifications and restriction and on such terms as he may think fit.

Rules of the Original Side

  1. Practice and procedure. Cf. Eng. rule 96.– In any matter of practice or procedure which is Not governed by statute or dealt with by these Rules the Rules of the Original Side in respect of like matters shall be deemed to apply.

CHAPTER XXXVI

Taxation

1 . Taxation Office day and hours. – The office of the Taxing Officer shall be open throughout the year on every day and during such hours as the office of the Registrar shall be kept open and at such other. time as may be necessary.[* * * *]4. What bills of costs are to be taxed by the Taxing Officer. – The Taxing Officer shall tax all bills of fees and costs on every Side (other than the Appellate Side) of the Court, including its Insolvency Jurisdiction, in appeals from the Original Jurisdiction, in proceedings in connection with the rules under the Indian Income Tax Acts and the costs of and incidental to appeals to Supreme Court incurred in this Court.5. Scale of costs. – The Court may at any time determine the scale upon which costs are to be taxed.6. Costs to be allowed on taxation. – On every taxation the Taxing Officer shall allow all such costs, charges, and expenses, as shall appear to him to have been necessary or proper for the attainment of justice or for defending the rights of any party; but on taxation as between party and party, No costs, charges or expenses shall be allowed which appear to the Taxing Officer to have been incurred or increased unnecessarily, or through negligence or mistake, or by payment of special charges or expenses to witnesses or other persons, or by other unusual expenses. Nor shall such costs, charges or expenses be allowed as between Advocate acting on the Original Side and client without proof that the Advocate acting on the Original Side communicated to the client the probability that they would be disallowed as between party and party, and that the client or his recognised agent in writing expressly authorised them to be incurred or ratified the incurring thereof.7. Discretionary fees and allowances how to be dealt with. – In dealing with fees or allowances which are discretionary, the Taxing Officer, in exercise of such discretion, shall take into consideration the other fees and allowances to the Advocate acting on the Original Side and counsel, if any, in respect of the work to which any such allowance applies, the nature or importance of the suit or matter, the amount involved, the interest of the parties, the fund or persons to bear the costs, the general conduct and cost of the proceeding and all other circumstances.8. Lump sum in lieu of taxed costs in interlocutory application. – Upon interlocutory applications where the Court or a Judge shall think fit to award costs to any party, the Court or Judge may by the order direct payment of a sum in gross in lieu of taxed costs, and direct by and to whom such sum in gross shall be paid.9. Taxing Officer may recommend allowance of fee for any matter unprovided for. – Where in the opinion of the Taxing Officer the maximum fee allowed by these rules is insufficient or a fee ought to be allowed for any matter Not provided for in the rules or table of fees, he may, upon the application of a party, refer the matter to the Court, stating what amount, in his judgment, ought to be allowed, and by whom the same ought to be paid, and the Court shall make such order thereon as to the allowance of the whole or any part of the amount proposed by the Taxing Officer as it shall think fit.10. Penalty for neglect or delay. – Where, in proceedings before the Taxing Officer, any party is guilty of neglect or delay, or puts any other party to any unnecessary or improper expense relative to such proceedings, the Taxing Officer may direct such party or his Advocate acting on the Original Side to pay such costs as he may think-proper or may set them off against any costs which may be payable to such party.11. To examine proceedings and disallow charges in connection with same if unnecessary or occasioned by negligence or improper conduct. – Upon the taxation of the costs which shall have been allowed by any decree or order, made in a suit, the Taxing Officer shall make a general examination of the course of the proceedings on which such costs shall have arisen, and where he shall find that any part of such proceedings, attended with costs, has been injuriously or unnecessarily occasioned by the culpable negligence or improper conduct of any Advocate acting on the Original Side, he shall Not allow any charge for the same without the matter being brought to the Notice of the Court, and for the better enabling the Taxing Officer to make such inquiry, the officers of the Court shall allow him, without fee, to examine the proceedings in the different offices. The Taxing Officer shall be at liberty to report to the Court any matter arising out of this rule, on which either himself, or any of the parties interested may desire that the decision of the Court shall be obtained.12. Taxing Officer to bring any wrong charge wilfully made to Notice of the Court. – In case of any wrong charge being wilfully made in any bill of costs, it shall be the duty of the Taxing Officer without delay, to bring it to the Notice of the Court.13. The Taxing Officer to Note doubts on taxation for submission to the Judge. – The Taxing Officer shall keep a book, in which he shall from time to time enter in writing a statement of any doubts or difficulties which in the course of taxation may have arisen as to the interpretation or. construction of any of the rules of the Court or the table of fees, and on which it may be desirable that the opinion of the Court should be ascertained, and shall submit the same at convenient opportunities to the senior Judge in Chambers and obtain his decision upon the point in question.14. Bills between party and party to be between party and party and Advocate acting on the Original Side and client. – In all cases of taxation as between party and party, the bill shall be lodged for taxation as between party and party and unless the client expresses his desire to the contrary in writing, also as between Advocate acting on the Original Side and client.15. Marking the number of folios in a bill. – Every bill of costs lodged for taxation shall specify the exact number of folios contained in the bill lodged. Such folios shall be carefully counted by an Advocate acting on the Original Side bill clerk or some other responsible clerk who shall mark in red ink on the left-hand margin of the said bill each counted folio seriatim, the last word of each folio being underlined in red ink.The charges for engrossment of the bill shall be allowed by the Taxing Officer on the scale provided under Rule 91(3).16. Statement to be annexed to bill of costs. – There shall be annexed with every bill intended to be lodged in the Taxing Office a statement (which will Form part of the bill) giving the following particulars: – (1) The names of the parties who have Not entered an appearance; (2) the names and addresses of the parties appearing in person (if any); (3) the names and addresses of the solicitors representing the several parties to the action or matter; (4) the different orders and decrees under which taxation is sought with dates thereof and nature of the directions as to costs; (5) the stage up to which costs are sought to be taxed by the bill and the nature thereof and any other special facts relating to the cases.17. Contents of bill of costs. – Every bill of costs shall be properly dated throughout and shall show in a separate column all monies paid out of pocket. In matters under the Testamentary and Intestate Jurisdiction there shall be a statement at the head of every bill showing the amount at which the estate has been sworn.18. Every bill to be signed by Advocate acting on the Original Side. On payment bill to be client’s property.– Every bill of, costs must be signed by the Advocate acting on the Original Side or if the costs are due to a firm, one of the partners of that firm either in his own name or in the name of the firm. A bill of costs when paid shall be the property of the client.19. On lodging bill, fees for taxation and registration to be paid. – The fees for taxation and registration of every bill of costs shall be paid in stamps when the bill is lodged for taxation. In the event of such bill being withdrawn before it is examined and taxed, a renewal certificate on application shall be granted.20. Bill to be accompanied by vouchers. No out of pocket payment allowed without proper voucher. – Every bill of costs shall be accompanied by vouchers regularly numbered and references to the corresponding numbers given in the bill itself and every item of disbursement and the cause thereof, shall be distinctly specified. No payment out of pocket will ordinarily be allowed except on production of the appropriate voucher, or in case of counsel’s fees without the signature of counsel that the fee has been paid or in the event of counsel’s death or absence from India the payment of such fees is otherwise proved.21. When and how bills are to be lodged, and Notice issued. – Within three months from the date of the signing of the decree or order awarding costs or within such further time as the Taxing Officer may, for reason to be certified by him, allow – any such extension to be applied for by requisition in writing – the party claiming the same shall leave in the Taxing Office an office copy of such decree or order and, at the same time, lodge the bill, and the vouchers or signatures of counsel in support of any disbursements therein, with the Taxing Officer, whereupon a summons shall forthwith issue fixing a date which ordinarily shall be Not later than a fortnight from the date of the summons on which the taxation shall be proceeded with: Provided that, where costs of an interlocutory application or hearing have been awarded and have Not been previously taxed or paid, they may be included in the bill for the whole case.22. Penalty for failing to lodge bill or delaying taxation. – Where an Advocate acting on the Original Side fails to lodge his bill (with the necessary vouchers) within the time or extended time allowed by the Taxing Officer for that purpose, or in any way delays or impedes the taxation, the Taxing Officer may disallow the fees to which the Advocate acting on the Original Side would otherwise be entitled for drawing his bill of costs and for attending the taxation, and may also exercise all or any of the powers vested in him by rules 10 and 23.23. Power to Taxing Officers as to delay. – Where any party entitled to costs refuses or neglects to lodge his bill for taxation, or to procure the same to be taxed and thereby prejudices any other party, the Taxing Officer shall be at liberty to certify the costs of the other parties, and certify such refusal or neglect, or may allow such party refusing or neglecting a Nominal or other sum for such costs, so as to prevent any other party being prejudiced by such refusal or neglect.24. Notice of appointment for taxation. – Before taxation of costs two clear days’ Notice shall be given to the opposite party: Provided that No Notice shall be necessary in any case where such party has Not appeared in person or by the Advocate acting on the Original Side or guardian.25. What parties to attend taxation when costs to be borne by funds or estate. – The Taxing Officer shall have authority to arrange and direct what parties are to attend before him on the taxation of costs to be borne by a fund or estate, and to disallow the costs of any party whose attendance such officer shall, in his discretion, consider unnecessary in consequence of the interest of such party in such fund or estate being small or remote or sufficiently protected by other parties interested.26. Signing of summons or Notice under these rules. – Any summons or Notice to be issued under these rules may be signed by one of the Assistant Registrars in the Taxing Office and shall be served by party lodging the bill.27. Cases where bills may be returned. – Where it appears at any time to the Taxing Officer that a bill of costs lodged for taxation canNot be taxed by reason of some defect and the party, having the charge of the bill, fails to remove such defect within a reasonable time, or where within one month from the issue of the taxing summons, No steps are taken, by such party to serve the same, or where after such service such party in any way delays or impedes the taxation, the Taxing Officer may, for reasons to be recorded by him, return the bill and vouchers.28. Bills returned Not to be taxed without Judge’s order. – Where the bill is returned, the Taxing Officer shall Not receive or tax it, except under an order of a Judge to be obtained upon summons in Chambers, supported by affidavit.29. No fee for setting out unnecessary matters. – No fee shall be allowed in respect of documents, or extracts from documents, including letters, which are unnecessary set out in a pleading, affidavit, or brief.30. Allowance for inspection. – No allowance is to be made for any inspection unless it is shown to the satisfaction of the Taxing Officer that there were good and sufficient reasons for making such inspection.31. Costs of brief where suit Not brought on for trial. – Where a suit, appeal or matter shall Not be brought on for trial or hearing, the costs of and consequent on the preparation and delivery of briefs shall Not be allowed, where the Taxing Officer shall be of opinion that such costs were unnecessarily incurred.32. Fees of counsel. – (1) In cases of taxation as between Advocate acting on the Original Side and client personally, or out of a fund belonging entirely to him the Taxing Officer shall ordinarily allow as fees to counsel all sums actually paid, but Not exceeding those set out in the Table hereunder.(2) In cases of taxation as between Advocate acting on the Original Side and client when the costs are payable out of a general or common fund, or out of a fund which belongs to the other parties and in which the client has No interest, or in case of taxation as between party and party, the fees to counsel allowable shall be reasonable and proportionate to the length and difficulty of the case but shall Not exceed the fees set out in the said Table.(3) The fees allowed to the second counsel on taxation shall be two-thirds or three-fifths of whatever fee is allowed to the first. An equal proportion shall be allowed between the second and the third.(4) A fee in excess of those provided in the above sub-rules (1) and (2) and those in rule 33 may be allowed as against the client personally on production of the written consent of the client, or his recognised or authorised agent, specifically to pay such fees.

Table

In what proceedings Counsel G. ms.
1. Defended suits in whatever jurisdiction and in appeals therein. Leading
2nd (if allowed by the Court
3rd (if allowed by the Court))
30
20
10
2. Appeals against Orders. Leading
2nd (if allowed by the Court))
15
10
3. Suits or Appeals to which rule 57 or 58 is applicable. Leading
2nd (if allowed by the Court)
10
7
4. Motions, Inquiries and Investigations in Court.
(No refresher, fees except such as may be allowed in any special case.)
Leading
2nd (if allowed by the Court)
10
7
5. References One (if allowed by the Officer) 7
6. Ex parte motions and Chamber applications or matters in which a certificate is granted under rule 56. One 5
7. Mortgage suits to which rule 100 is applicable
(a)Brief fee on hearing
(b)Applying for final decree.
One
One
2
1
8. Application to confirm return (rule 108). One 1
9. Drawing or settling pleadings, petitions, affidavits, memorandum of appeals, advice on evidence. One 3
10. Hearing judgment in suits or appeals in which judgment has been reserved. One 2
11. Consultations (rule 41) Leading
Second
5
3
12. Conferences (rule 41) (if allowed by the Taxing Officer). Each 5
13. General Retainer (rule 67) (if allowed by the Taxing Officer). Each 5
14. Special Retainer (rule 67) (if allowed by the Taxing Officer). Each 2
15. Before Arbitrator or Commissioner (rule 78) (if allowed by the Court). One 7
16. Small Cause Court References. As provided in Chapter XXXIV References.

Note : In regard to item No. 9 a separate fee shall not be allowed for each affidavit but one fee shall be allowed for all the affidavits proper to be so drawn or settled which are or ought to be filed at the same time.

  1. As to refresher fees if the hearing of a suit or appeal or other proceeding shall extend over more than one day, and shall occupy either on the first day only or partly in the first and partly on subsequent day or days, more than five hours without being concluded, the Taxing Officer may allow on the expiration of the first five hours refreshers Not exceeding those set out in the Table below and further refreshers after the expiration of each subsequent five hours, while the suit or appeal or proceeding continues at hearing.No refresher fees shall be allowed if counsel does Not attend the hearing where otherwise such fees would have been earned.

Table Of Refresher Fees

G ms.
1. To leading counsel 5 to 10
2. To second counsel 3 to 7
3. To third counsel 2 to 3
4. References 5
5. Before Arbitrator, etc. (rule 78) 5
  1. No refresher unless case adjourned for more than a month.– No refresher shall be allowed to counsel on any adjournment or postponement unless such adjournment or postponement extends beyond the period of one month.35. Costs occasioned by adjournment.– No costs of any adjournment or postponement shall be allowed, except such as are rendered necessary in consequence of such adjournment.36. Advocate acting on the Original Side Not to be allowed to charge where acting for two or more defendants for separate proceedings were unnecessary. – Where the same Advocate acting on the Original Side is employed for two or more defendants, and separate written statements are filed, or other proceedings had for two or more defendants separately, the Taxing Officer shall consider, in the taxation of such Advocate’s acting oh the Original Side bill of costs, whether such separate written statements or other proceedings were necessary or proper, and where he is of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred, the same shall be disallowed.37. Cost of amendment of pleadings. – Unless the Court, Judge or Officer otherwise orders, the costs of and occasioned by any application for the amendment of any pleading shall be borne by the applicant.38. Attendance at the telephone how to be charged. – An attendance at the telephone shall, where necessary or proper, be allowed as a letter or as an attendance at the discretion of the Taxing Officer.39. One set of attendances to be allowed to the same Advocate acting on the Original Side acting for different parties. – Where an Advocate acting on the Original Side acts for different parties to the same suit, appeal, or matter only one set of attendances shall be allowed, unless the Court otherwise orders.40. No attendance in Court to be allowed to Advocate acting on the Original Side if cause struck out inconsequence of his negligence. – No Advocate acting on the Original Side shall be allowed to charge for any attendance in Court during the time that the suit, appeal or matter may have been in the list for hearing where it shall have been subsequently struck out of the list in consequence of any negligence or want of due diligence on the part of the Advocate acting on the Original side.41. Fees for conference and consultation. – Fees for more than one conference or consultation may be allowed in any suit, appeal, matter or proceeding where it shall appear to the Taxing Officer that such additional conference or consultation or conferences or consultations were necessary or proper.42. Reasonable costs of agent may be allowed. – Where in any case it is necessary to employ a legal practitioner to act as agent beyond the local limits of the jurisdiction of the Court, the Taxing Officer may allow such sum for the cost of the agent and of instructing him as he may think reasonable.43. Penalty where one-sixth taxed off where costs payable out of fund, etc. – Where on the taxation of a bill of costs payable out of a fund or estate or out of the assets of a company in liquidation, the amount of the professional charges and disbursements contained in the bill is reduced by a sixth part, No costs shall be allowed to the Advocate acting on the Original Side lodging the bill for taxation for drawing and copying it, Nor for attending the taxation.44. Penalty where one-sixth taxed off, in taxation as between Advocate acting on the Original Side and client. – Where on taxation of an Advocate’s acting on the Original Side bill of costs as between Advocate acting on the Original Side and client, a sixth part be taxed off, the Advocate acting on the Original Side shall pay the costs of taxation including the costs of the Advocate acting on the Original Side (if any) employed in contesting the bill and the same shall be deducted by the Taxing Officer:Provided that the Taxing Officer shall be at liberty to certify specially any circumstances relating to such bill or taxation and the Court or a Judge shall upon application by the Advocate acting on the Original Side whose bill of costs has been so taxed be at liberty to make any such order as such Court or Judge may think right respecting the payment of the costs of such taxation.45. Fee payable where hearing of a case occupies more than one day. – Where a case occupies more than one day, the plaintiff at the original hearing or the appellant in the Court of Appeal shall, everyday, after the first day, before the sitting of the Court, deliver to the principal officer in attendance a requisition to proceed with the case, with a Court-fee stamp affixed thereon of the value of rupees thirty (being the amount of the fee payable to the Court according to item 36 of the first schedule of rule 74). Such fee, where Not paid by the plaintiff or appellant, may be paid by the defendant or the respondent, as the case may be, or where there are two or more defendants or respondents, by any one or more of them; but where Not paid at all, the case may be treated as having been abandoned and dismissed, and the Court may make such order as to the costs of the suit or appeal as it may think fit. Where such fee is paid by the defendant or respondent, or any one or more of two or more defendants, or respondents, the Court may make such order with respect thereto, on the final disposal of the suit or of the appeal as the case may be as to it shall seem fit:46. Deposition fee when payable by suitor acting in person. – Where a suitor appears in person, he shall affix on the deposition of each witness examined on his behalf, within one week after the termination of the trial, Court-fee stamps equal to the amount of the fee payable for swearing and reducing into writing or, where taken down in shorthand, transcribing the deposition of such witness for making copies, if any, of transcripts of depositions in terms of Rule IA of Chapter XIV and for filing any exhibit put in on behalf of such suitor.47. Procedure in case of default in paying hearing or deposition fees. – Where default is made in complying with rule 45, where the fees payable under rule 45 have Not been realised at the time of hearing, and/or rule 46, the Registrar shall certify the amount due by the defaulting suitor. On production of the Registrar’s certificate before a Judge an order (which may be executed under Order XXI of the Code as a decree for money) may be made directing the suitor within a time to be stated in the order to pay to the Registrar the amount certified to be due. Upon payment of the amount mentioned in the order or upon realisation of the same by execution, the Registrar shall purchase Court-fee stamps for the certified amount and initial and file them in the records, or affix them to the depositions and the list of exhibits, if any, as the case may be.[* * * *]53. No costs to pauper, unless specially ordered. – In suits, appeals, or matters in Forma pauperis No costs will be allowed to the pauper against the opposite party unless by special order.54. Pauper Not liable to pay fees to counselor Advocate acting on the Original Side unless specially ordered. – No fees shall be payable by a pauper to his counsel or Advocate acting on the Original Side Nor shall any such fees be allowed on taxation of costs against the opposite party, unless by special order of the Court or Judge.55. Court-fees in pauper matters. – No Court-fees shall be payable by an applicant to proceed in Forma pauperis except the fee for the petition to proceed.56. Counsel’s attendance in Chambers Not allowed unless certified by Judge, etc. – In the taxation of costs as between party and party the costs of and incidental to the attendance of counsel on summonses or other matters before a Judge in Chambers, or before an Officer, shall Not be allowed unless the Judge or Officer shall certify that it was a fit case, for the employment of counsel.57. Cases where only one counsel shall be allowed unless otherwise ordered. – Unless the Court or a Judge certify that two counsels ought to be allowed on account of the special difficulty or importance of any particular case, the fees of one counsel only shall be allowed on taxation as between party and party in the following cases –

(a) Appeals from the decision of a Judge in any matter where only one counsel is allowed;

(b) Suits set down as undefended;

(c) Suits in which the opposite party gives Notice to the plaintiff, before the brief has been delivered, that he does Not intend to appear;

(d) Appearances for any Formal party to a suit, e.g., a trustee or stake-holder who only appears to submit to the order of the Court and to ask for his costs;

(e) Hearing on further directions and as to costs where there is No contest;

(f) On hearing to vary an Officer’s or Commissioner’s report.

  1. Costs of one counsel only allowed in certain suits.– In the taxation of costs as between party and party in suits transferred from the Presidency Court of Small Causes for trial in the High Court under the provisions of the Presidency Small Causes Courts Act, and in suits founded on contract filed in the High Court, in which the amount claimed in the High Court does Not exceed Rs. 2,000, unless the Court otherwise orders, the costs of instructing one counsel only on each side will be allowed but otherwise the costs (unless undefended) will be taxed as in a defended suit. Where the amount claimed in any such suit exceeds Rs. 2,000, but a decree is passed for an amount Not exceeding Rs. 2,000, the plaintiff shall, unless the Court otherwise orders, be entitled as against the defendant to the costs of instructing one counsel only.59. Charge allowed to Advocate acting on the Original Side furnishing copy of document to other side.– An Advocate acting on the Original Side who has furnished a copy of a document made for the purposes of a suit to the opposite party or his Advocate acting on the Original Side on payment of half or other due proportion of the translation charges shall also be entitled to be paid from the opposite party or his Advocate acting on the Original Side the copying charges for such copy.60. Costs of interlocutory application ordered to stand over. Reserved costs. – Where interlocutory applications have been ordered by the Court or a Judge or allowed by the parties to stand to trial and are Not then mentioned, the costs of such applications are to be treated as costs in the cause and taxed accordingly and need Not be mentioned in the decree. Where costs have been reserved, such costs are Not to be mentioned in the decree or order or allowed on taxation, without the special direction of the Court or Judge.61. Costs of briefing evidence and judgment when may be allowed. – Unless the Court otherwise orders, the costs of obtaining or briefing Notes of evidence, and a copy of the judgment of the Court, shall Not be allowed as between party and party except upon an appeal. The costs of briefingNotes of evidence taken on a reference and a copy of the Referee’s finding shall be allowed as between party and party upon exceptions to a report, unless the Court shall otherwise order.62. Costs of one Notice of filing to be allowed. – Where Notice of filing affidavits or other proceedings is required, only one Notice shall be allowed for a set of affidavits filed, or which ought to be filed together.63. Notice of adjournment Not to be allowed unless directed. – Where an appointment or hearing is adjourned, service of a Notice of the adjournment or next appointment shall Not be allowed, except where such service has been directed.64. What costs for work done before commencement of proceedings are to be allowed. – Unless the Court otherwise orders, No allowance shall be made in party and party taxation for work done before the commencement of proceedings in the Court except for necessary letter of demand and the reply thereto, if any, for receiving instructions to sue, to defend, or to appeal, and searches necessary for the purpose of instituting proceedings.65. Only one warrant to defend. – Except where more than one set of costs is allowed, only one warrant to defend shall be allowed as between party and party in a suit or matter, and any appeal or other proceedings in connection therewith. The fee allowed for the warrant shall include all attendances for executing, authenticating or filing the same.66. Taxing Officer to summon client and see client if possible. – In every case of taxation as between Advocate acting on the Original Side and client, the client shall be duly summoned by the Taxing Officer to attend the taxation, unless the Taxing Officer shall, in the exercise of his discretion, see fit to dispense with such attendance. The Taxing Officer is particularly directed, in all cases in which it can be done, to see the client himself and, as far as possible, to avoid the intervention of agents.67. Amount of general and special retainers. – In taxing the bills of Advocates acting on the Original Side as between Advocate acting on the Original Side and client the Taxing Officer shall allow No other or larger general retaining fee than five gold mohurs, Nor allow the same to be repeated oftener than once every twelve months, and No other or larger fee than two gold mohurs as a special retaining fee, although such fees may have been given by the special orders or directions of the client himself. No retaining fee to counsel shall be allowed on taxation as between party and party.68. Allowance for attending a deponent. – Except as between Advocate acting on the Original Side and client, No allowance shall be made for attending a deponent to read over and settle an affidavit.69. Allowance for actual work done and time occupied. – As between Advocate acting on the Original Side and client the Taxing Officer may allow for the actual work done and time occupied in respect of each item and shall Not necessarily be limited by the amounts herein allowed as between party and party.70. Review by the Taxing Officer and issue of the preliminary allocatur. – Any party who may be dissatisfied with the allowance or disallowance by the Taxing Officer, in any bill of costs taxed by him, of the whole or any part of the items, may, Not more than three days after passing of the bill in the Taxing Office, or within such further time as the Taxing Officer may allow, lodge objections to the taxation and on the same day shall serve the opposite party or parties with a copy thereof. The objections shall be in writing specifying therein by a list in a short and concise Form, the items or parts thereof objected to, and the grounds and reasons for such objections. Such objections shall be heard by the Taxing Officer at a time to be fixed by him of which two clear days’ Notice in writing to the parties concerned shall issue from the Taxing Office. The Taxing Officer may, where he shall think fit, issue pending the consideration of such objections a preliminary allocatur for or on account of the remainder of the bill of costs, and such further allocature as may be necessary shall be issued by the Taxing Officer after his decision upon such objections.71. Hearing of application for review by the Taxing Officer. – Upon such application the Taxing Officer shall reconsider and review his taxation upon such objections, and he may, where he shall think fit, receive further evidence in respect thereof, and in a certificate shall state, by reference to such objections, the grounds and reasons of his decision thereon, and any special facts or circumstances relating thereto. The costs of attendance on such review of taxation shall be in the discretion of the Taxing Officer who shall certify the amount thereof, if any, allowed by him and by whom the same shall be borne and paid and the amount, if any, so allowed by him shall, if practicable, be taken into account in arriving at the final sum payable under the bill.72. Review of taxation by a Judge. – Any party, who may be dissatisfied with the decision of the Taxing Officer as to any item, or part of an item, which may have been objected to as aforesaid, may, Not later than seven days from the date of the decision, or within such further time as the Taxing Officer or Judge may allow, apply to a Judge in Chambers for an order to review the taxation as to the same item or part of an item, and the Judge may there upon make such order as to him may seem just; but the taxation of the Taxing Officer shall be final and conclusive as to all matters which shall Not have been objected to in manner aforesaid.73. Hearing of application for review by a Judge. – Such application shall be heard and determined by the Judge upon the evidence which shall have been brought in before the Taxing Officer, and No further evidence shall be received upon the hearing thereof unless the Judge shall otherwise direct.74. Fees to be taken in different jurisdictions. – Except as otherwise specially provided in these rules, or by any law in force made by competent legislative authority, the fees to be taken in all proceedings in the respective jurisdictions indicated in the headings to the first, second, third, and fourth of the following schedules shall be those set forth in such schedules respectively:-

Table of Fees

The First Schedule

Original Civil Jurisdiction

Rs. a.
1. Order for admission of Advocate or Advocate acting on the Original Side. 15 0
2. On presentation of plaint or of case stated under section 90 and Order XXXVI, rule 1, of the Code 15 0
3. Special case under the Indian Arbitration Act or any other enactment 15 0
4. Filing and registering written statement 3 0
5. Filing and registering written statement pleading a set-off or containing a counter-claim 15 0
6. Reply to counter-claim 3 0
7. Entering in resister of suits name of representative of a deceased party or of substituted or added party, per folio 0 12
8. Petition to proceed in Forma pauperis, including filing 0 12
9. Summons to defendant, or Notice to a judgment – debtor, or his representatives or to a respondent to a memorandum of appeal, each 3 0
10. For copying Hundies, etc,. On back of summons to defendant in suit under Order XXXVII of the Code, per folio 0 10
11. Authority to sue or defend 4 8
12. Filing every document for which a filing fee is Not specially provided including documents annexed thereto as exhibits, if any, or produced with plaint, or used in evidence each document. 3 0

Note : Not to be charged twice in the same suit. Vouchers to be treated as Forming one document with the bill or account to which they relate.

Entries in a book to be treated as Forming one document with the book.

13. For examining and comparing copies of documents with the original under Order VII, rules 14 and 17 of the Code
For each of the first five documents
For every other document

1
0
8
12
14. Every application to the Court or a judge or an officer either before or after decree Not specially provided for 8 0
15. Every requisition under Chapter XVI, rule 27, to, draw up an order, including fee for filling both the requisition and order 3 0
16. Petition for leave to appeal to Supreme Court or admission of appeal to the Supreme Court 30 0
17. Every requisition under Chapter XVI, rule 27, to draw up an order granting or refusing leave to appeal to Supreme Court including fee for filing both the requisition and order 10 0
18. (Deleted)
19. Order declaring appeal to the Supreme Court admitted, including fee for filing same and fee for the certificate mentioned int rule 8 of Chapter XXXIIIA 10 0
20. Filing judgment and decree of the Supreme Court 3 0
21 Every warrant of arrest or attachment and every writ or process in execution of or to enforce a decree or order 7 0
22. Every certificate or report of a judge or an officer of the Court on an enquiry or references on review of taxation made after a single meeting
For every meeting after the first

7
3
0
8
23. Every other certificate for which a few is Not specially provided 3 0
24. Every certificate to accompany exemplification of any document or proceedings to be transmitted to England or elsewhere beyond the limits of the Presidency 15 0
25. Commission to examine witnesses or other Commission 9 0
26. For production before a Judge or an officer of this Court by any officer of Court, at the hearing of any matter other than the hearing of a suit, of the records of the same suit or matter 3 0
27. For production before a Judge or an officer of this Court by any officer of Court, at the hearing of any suit, of the records of any other suit or matter. 4 8
28 For production by an officer of Court in any other Court or Tribunal or before any Commissioner of the records of any suit or matter exclusive of travelling expenses 8 0

Note : When the fee for production is charged, No fee for searching is to be charged and No further fees for production shall be charged unless the hearing of the suit, application or matter is postponed for more than a fortnight.

29. For production by post (exclusive of postage, registration and insurance fees)
[The attention of mofussil courts has been drawn to items 27 and 28 by Circular Order 9 of 1914 issued by the Appellate Side, paragraph 2 whereof provides that “in making requisitions for the production of records or documents from the High Court, Original. Side, Subordinate Civil Courts should send, in Court-fee stamps, the fees specified above, in addition to travelling expenses or fees for postage, etc. When an original document is required to be produced by post, a certified copy of the document should be forwarded with the requisition”.]
4 8
30. For every attendance on parties or their Advocate or Advocates acting on the Original Side inspecting books and papers deposited in Court for inspection. 4 8
31. For enquiring into the sufficiency of security in other than administration matters 7 8

Note : Not to be charged to officers of Court who have to give security for the due performance of their duties.

32. For every search or examination of records where No certificate or office or certified copy, or a fee under item [13] above is taken, per day. 3 0

Note : This fee is Not to be charged to a witness (Not a party to the suit) applying for the return of documents produced by him.

Such search or inspection of records shall be commenced within a week from the date of furnishing requisition for search or inspection.
33. Every affidavit affirmed or shown 1 0
34. Every oath or affirmation administered to a witness 3 0
35. For reducing into writing or, where taken down in shorthand, transcribing the deposition of each witness, for each folio 0 10
36. For every day or part of a day in which the Court is occupied in trying a case (including appeals from original jurisdiction) after the first day
(If judgment is reserved this fee is Not to be charged on the day when judgment is delivered.)
30 0
37. Every summons or Notice to proceed on a reference 1 8
38. Settling and signing every advertisement for creditors 4 8
39. Settling every conveyance or other deed to be executed by a party or by an officer on behalf of a party including execution by such officer, per folio 0 8
40. For settling Notification of Sale, Condition of Sale and Abstract of Title (in any) for every sale to be conducted by the Registrar or other officer 32 0
41. For every day or part of a day in which the Court is occupied in taking the examination of witnesses under Mandamus or Commission sent to this Court for execution 30 0
42. Every final decree, where the amount decreed does Not exceed Rs. 1,500
Where it exceeds Rs. 1,500 but does Not exceed Rs. 2,500
Where it exceeds Rs. 2,500 but does Not exceed Rs. 5,000
Where it exceeds Rs. 5,000
In other cases



12
18
24
30
0
0
0
0
43. Decree for the defendant where the suit is dismissed 8 0
44. Decree for the defendant in suits in which The same as a set-off is pleaded and balance awarded in decrees in favour of the defendant, ad valorem for plaintiff upon the amount of such balance The same as in decree for plaintiff
45. Filing award made under the provisions of the Indian Arbitration Act (X of 1940) 32 0
46. Filing memorandum. of appeal in suits for debts or damages where the amount to which the appeal relates does Not exceed Rs. 1,500
Where it exceeds Rs. 1,500 but does Not exceed Rs. 2,500
Where it exceeds Rs. 2,500 but does Not exceed Rs. 5,000
Where it exceeds Rs. 5,000
In other cases




24
36
45
75
48
0
0
0
0
0
47. Every decree for plaintiff on appeal, in As in original suits which the decree of the lower court was in favour of the defendant, ad valorem upon the amount decreed As in original suits
48. Every decree for plaintiff on appeal, where As in original suits the amount decreed in the lower court is increased on appeal, ad valorem upon the amount of such increase
.
In other cases
As In original suits
24
0
49. Each petition for review of judgment. decree or order, including filing 15 0
50. Cross-objections under Order XLI, rule 22, of the Code 7 8
51. Every exemplification of decree or other document in addition to the folios and other charges 15 0
52. For every requisition for duplicate or other copy of any document 1 0

Note : If the requisite stamps are Not furnished within a week from the date of assessment of folios the application shall be deemed to have lapsed and a fresh requisition shall be necessary.

53. For duplicate and other copies of any document per folio (less any fee paid in respect of item No. 52) 0 10
54. Typed copies of transcript under Chapter XIV, rule 1A, for any party for his own use only, first copy per folio
Subsequent copies under the same rule
The party producing a typed copy shall be entitled to have the same certified as an office copy on payment of an additional fee of 7 annas per folio

0
0
3
1

Note : A party taking copies under Chapter XIV, rule 1A, will Not be allowed to supply copies therefrom to any other party the intention being that any party requiring copies under the rule should take them from the Court.

(1) That the “first copy” shall mean the copy sup-plied to any party for the first time whether it is the first or subsequent impression obtained on a type-writer.

(2) That “subsequent copies” shall mean additional copies supplied to the same party.

55. For amending plaint or other proceedings under order of Court (amendment Not exceeding 1 folio)

Every other folio


1
9
8
12
56. 56. Upon all monies or securities paid to the Registrar (otherwise than for sale deposit) or deposited with him A commission of 1 per cent and 2½ percent on interest drawn on invested monies
57. On every sale, conducted by or made with the approval of the Registrar or other officer conducting the sale A commission of 10 percent on the first thousand and 2½ percent on the rest of the purchase money (less fee paid in respect of item No. 40)

Note : No commission is charged on a sale in a mortgage post, is applicable.

Interpreting Officer (Court) and Translators

  1. For every requisition for translation59. For every written translation, per folio (less any fee paid in respect of item No. 58)[The fee to be charged on the number of folios contained in the original document. When different portions of khatta books are translated, the translation fee is to be charged as if each portion was a separate document.]

Notes (1) and (2) in item 54 were inserted with effect from the 1st April 1949. Published in the Calcutta Gazatte, dated 7th April 1949, Part 1, page 610.

Taxing Office

60. Fro every summons by the Taxing Officer 3 0
61. For every certificate by the Taxing Officer 1 8
62. 62. Taxing each bill Not exceeding 10 folios 7 8
63. For every other folio 0 12
64. Registering every bill of costs 1 8
65. For every special certificate of allowance where required 7 8

Note : For fee on certificate on review of taxation, see item 22.

Accountant-General

66. Upon all monies paid into Court with privity of Accountant-General 1 per cent and upon all interest accruing thereon 2½ per cent.
Provided that No single charitable or educational endowment of a public character be charged more than Rs. 100 per annum
67. For entering and countersigning or

order for the payment of money

7 8
68. For making and entering every certificate to be annexed to such decree or order 15 0
69. For every search where No certificate is

required

7 8
70. For every certificate of funds in Court 7 8

Note 1 : No commission is to be charged upon monies paid into Court by the Official Receiver of the Court.

Note 2 : No fee except commission is to be charged where the original amount paid into Court does Not exceed Rs. 400, or in respect of payments made to suitors periodically.

The Second Schedule

Testamentary and Intestate Jurisdiction

Rs. a.
1. For every petition ….. 6 0
2. For every citation ….. 3 0
3. Filing inventory, if Not exceeding 3 folios
For every additional folios
…..
…..
1
0
8
8
4. Filing account of Executors and Administrators, if Not exceeding 3 folios

For every additional folio

…..
…..
1
0
8
8
5. For registering every will Not exceeding 5 folios
For every additional folio
…..
…..
0
0
3
12
6. For searching for any will filed of record or in respect of the estate of a deceased person, where such search has to be made by an officer of the Court, per year searched ….. 0 12
7. For searching for or inspection of any administration inventory, or account ….. 1 8

The Third Schedule

Matrimonial Jurisdiction

1. Plaint or memorandum of appeal, in a suit to obtain possession of a wife ….. 8 0
2. Marriage license ….. 25 0

The Fourth Schedule

Original Criminal Jurisdiction

1. Every writ for which a fee is Not specially provided ….. 4 0
2. Every recognizance and respiting the same each ….. 3 0
3. For each bail ….. 2 0
4. For entering appearance of a defendant ….. 2 0
5. Every order minuted, but Not drawn up (Stamp to be affixed on a copy of the minute.) ….. 1 0
6. For every order drawn up and issued ….. 4 0
7. For drawing any document or instrument for which a fee is Not specially provided, per folio ….. 0 8
8. For filing every document ….. 1 0
9. For every search or examination of records when No certificate or copy is taken.
(The stamp to be affixed on the requisition.)
….. 1 0
10. For every subpoena to give evidence or produce documents
(Not to be charged to prisoners applying for subpoena through the Superintendent of the Jail.)
….. 2 0
11. For production at the hearing of a case of the records in any other case
(Where this fee is charged No fee for searching is to be charged.)
….. 3 0
12. Every certificate for which a fee is Not specially ….. 2 0
13. For copies of documents for which as fee is Not specially provided, per folio ….. 0 5
14. Every petition of appeal ….. 10 0
15. Every Judge’s certificate to accompany the appeal ….. 5 0
16. Production by an officer of court in any other court of the records of any suit or matter, exclusive of travelling expenses ….. 5 0

Note : Where the fee for production is charged, No fee for searching is to be charged and No further fees for production shall be charged unless the hearing of the suit, application or matter is postponed for more than a fortnight.

17. Production by post (exclusive of postage, registration and insurance)
Fees for proceedings commenced by inFormation
….. 3 0
18. For signing every inFormation ….. 8 0
19. For subpoena to answer ….. 3 0
20. For joining issue ….. 2 0
21. For recording verdict ….. 2 0
22. For entering confession, acquittal or discharge ….. 4 0
23. For drawing record :-
For the first folio
For every other folio
…..
…..
2
0
1
0

Note : The fees for all other proceedings on inFormation to be regulated by the other items of this table.

(a) The items mentioned below in the first, second and third of the following schedules shall Not apply in respect of the suits and proceedings instituted under the Court-fees Ordinance, 1969, or the Court-fees Act X of 1970:

First Schedule items 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 13, ’14, 16, 26, 34, 36, 42, 44, 45, 46, 47, 48, 49 and 50.

Second Schedule item 1.

Third Schedule item 1.

(b) The following items of fees in the First Schedule be read as reduced in respect of all proceedings instituted under the Court-fees Ordinance, 1969, or the Court-fees Act X of 1970:

Items Rs. In place of Rs./p.
15 3.00 10.00
17 10.00 30.00
19 10.00 30.00
33 1.00 20.00
  1. Special application of the first schedule.– The first of the said schedules shall, except as to fees specially provided in the second and third of the said schedules, apply to all proceedings, testamentary and intestate and matrimonial and shall also apply to all proceedings in appeal from the Original Civil Jurisdiction of the Court.76. Special application of the fourth schedule.– The fourth of the said schedules shall apply to all proceedings in appeal from the Original Criminal Jurisdiction of the Court as well as to all other proceedings in such Jurisdiction.77. Fees to Sheriff. – The fees to be allowed to the Sheriff and his officers shall be as follows:-
Rs. a.
1. For arresting each person named in the writ when Nothing is realised Otherwise
(The latter to be allowed plus poundage on sums levied).
….. 16 0
2. For executing any attachment against movable Rs. a. or immovable property ….. 2 0
3. For serving each juryman with summons (to be charged to the contingent fund.) ….. 2 0
4. For serving every other summons, for each person served ….. 2 0
5. For executing every order or warrant in the nature of a writ of habeas corpus, every order in the nature of a writ of injunction or other order or writ for which a fee is Not specially provided, for each person against whom the writ or order is directed ….. 2 0
6. For executing warrants for apprehension of witnesses, and warrants for security to be furnished by defendant (issued by another Court), for each person ….. 4 0
7. For receiving and filing every copy of a Judge’s order or other document to be filed in his office ….. 1 0
8. For serving summons, Notice, proclamation, subpoena, etc. (issued by another Court) for each person or property on whom service is effected ….. 2 0
9. For serving citation ….. 1 0
10. For every ordinary return ….. 1 0
11. For every special return ….. 2 0
11A. For every Notice for scrutiny or every defect Notice, issued by the Registrar or any other officer of the Court entitled to issue such Notice including return ….. Nil.
12. For translations when necessary, per folio (One charge only shall be allowed for translations in one language). …..
13. For every warrant to discharge defendant from custody ….. 2 0
14. For bringing up defendant from jail after remand ….. 2 0
15. For every certificate of seizure ….. 5 0
16. For every other certificate ….. 2 0
17. For drawing every security bond in mofussil cases ….. 8 0
18. For officer copies, per folio
(When more copies than one are required subsequent copies shall be charged for according to the scale for copies laid down in item 13, rule 91)
…..
19. For attending Court or before a Judge or Officer of Court with papers ….. 3 0
20. For every bond of indemnity for seizing property, etc., when there are adverse claims ….. 32 0
21. For every search, when No certificate or office copy obtained ….. 1 0
22. Poundage on sums levied by the Sheriff in execution or in the event of the claim being satisfied, compromised or settled, upon the amount of such satisfaction, compromise or settlement For the first 1,000 rupees at 5 percent and for the rest at 21/2percent
23. Poundage on a writ of possession, upon every 10 rupees of the yearly value ….. 0 8
24. For attending Court during each criminal sessions, per diem (to be charged to the contingent fund) ….. 16 0
25. For attending at a sale other than in the Sheriff’s officer ….. 16 0
26. For the crier at every Sheriff’s sale (when the sale is Not at the Sheriff’s office) exclusive of the cost of conveyance, if the same is Not provided by the party requiring the same ….. 2 0
27. For every man required to be left in possession of property attached The amount actually paid per diem as wages or a reasonable amount thereof
28. For removal of movable property attached, to the Sheriff’s office when necessary Actual expenses
29. For conveyance charges for serving summons or executing other processes Such expenses as are reasonably necessary.

Fees to Bailiff.– To the Bailiff for serving summons, executing process, etc.-

1st grade 2nd grade
Rs. a. Rs. a
1. For serving summons as to defendants residing in the same house where served personally, or where service effected by delivery of the summons to one person—
For the first defendant
For every other defendant
For serving summons by affixing a copy to the door of the dwelling-house, for all the defendants residing in the same house who may be thus served
4
2

60
0

01
0

20
8

02.In other cases for serving each defendant40083.For service of citation20104.For arresting party160405.For bringing him up before the Court when the Sheriff’s officer is detained in Court for three hours and upwards80206.Otherwise40107.Where the party is arrested after the rising of the Court, for bringing him up before the Court on the following day, and lodging him in jail after committal8020Note : This fee is to be reduced to Rs. 4 and Re. 1 where the party on being brought up should be released.8.Where the party is released upon security to appear on another day, for attending the Court to take him into custody40109.For lodging him in jail, where committed401010.For every affidavit of service of summons200811.For attaching movable property160…..12.Where, owing to the number and nature of articles attached, it is impossible to make a detailed list of them at the time of seizure:—
for making an inventory — in the discretion of the Taxing Officer—Not exceeding160…..13.For attaching or giving possession of immovable property, for the first parcel160…..14.For every other parcel20…..15.For attending before a Judge at his house
(Process of other Courts)1002816.For serving or executing process specified As herein in this schedule.  As herein provided17.For serving every Notice, summons to a witness and other judicial process Not specified in this schedule, for each person served201018.For proclamation of sale in mortgage suit,
for posting a copy in the premises and a copy in the Court House4020

  1. Fees to Arbitrators, Commissioners and others.– Except as provided in rule 108, or unless otherwise ordered, the fees to be allowed to Arbitrators, Special Referees, Commissioners of Partition, or for the examination of witnesses de bene esse, or on commission, Clerks, Counsel, Interpreting Officers (Court), Recording Officer or Officers (Court) and Surveyors, shall be as follows :-For the first effectual meeting and after the expiration of five hours, for each subsequent period of five hours :-
G. ms.
Arbitrators, Special Referees or Commissioner’s
fees Not exceeding
Clerk’s fees Not exceeding
Interpreting Officers’ (Court) fees Not exceeding
Recording Officer or Officers (Court), if allowed, which shall include one transcript copy for Arbitrator, Special Referee, or Commissioner’s record and one such copy for each of the parties appearing Not exceeding
7
1
22
Surveyor’s fees :—
For every attendance where the Surveyor’s attendance is certified as necessary by the Commissioner or in cases of Registrar’s sales by the Registrar, Not exceeding
2
For reporting, preparing plan and valuation. As agreed by the parties or certified by the Commissioner, or in cases of Register’s sale by the Registrar.

The Arbitrator, Special Referee, or Commissioner shall make a Note of the time occupied (excluding the period of any adjournment) on each occasion the matter comes before him, and shall inForm the parties of the time he had so Noted. The Advocates acting on the Original Side appearing shall keep a record of such time and shall insert the particulars thereof in the bills of costs submitted for taxation.79. Fees for explaining plaints, etc. – The fees to be taken by Interpreting Officers (Court) for explaining at the house of the suitor, or any place other than the Court House, plaints, written statements, or other documents except affidavits or affirmations, shall be as follows:-

Rs. a.
Where Not exceeding 20 folios 8 0
Exceeding 20 folios 16 0
  1. Fees for taking bonds, affidavits, etc.– Except as otherwise provided in these rules, or unless otherwise ordered, the fees to be allowed to the Registrar or Assistant Registrar deputed by him for taking bonds, or to Commissioners and Interpreting Officers (Court) for taking affidavits or affirmations at the house of the suitor, or any place other than the Court House, shall be as follows:-

Registrar’s or Commissioner’s Fees

Rs. a.
For the first affidavit, oath or affirmation, or bond, where within the local limits 16 0
Where beyond the local limits and within 5 miles 32 0
For every affidavit, oath or affirmation or bond taken at the same time and place after the first, in the same suit, appeal or matter 8 0

Note : In No case shall the Registrar or a Commissioner be allowed, for taking any number of affidavits, oaths or affirmations or bonds at the same time and place, more than five gold mohurs, where such place is within the limits of Calcutta; or more than six gold mohurs, where such place is beyond the said limits, and within the distance of 5 miles. Interpreting Officers (Court) are to be allowed half the fees allowed to Registrars or Commissioners.

  1. Allowance to witnessesper diem.-The allowance to be made to witnessesper diem shall be as follows:-

Table

Class
First Second Third Fourth
Rs. a. Rs. a. Rs. a. Rs. a.
1. Professional men 20 0 16 0 8 0 4 0
2. Merchants, managers of banks, zemindars, gentlemen of property 20 0 16 0 8 0 4 0
3. Editors, engineers and surveyors 16 0 12 0 6 0 3 0
4. Auctioneers, brokers, professional accountants, members of trading firms 16 0 12 0 4 0
5. Officers in civil employ drawing Not less than Rs. 500 a month according to rank
When drawing less than Rs. 500/- a month
16
6
0
0
12
4
0
0
8
2
0
0
6. Military, naval and police officers, according to rank 16 0 12 0 8 0
7. Shroffs, banias, assistants in mercantile films or banks, school-masters, commanders or officers of ships 12 0 8 0 4 0 2 0
8. Articled and other clerks, assistants in trading firms, police inspectors, petty officers, military and marine 6 0 4 0 2 0
9. Customs officers, engine drivers 6 0 4 0
10. Godowns sircars 4 0 2 0
11. Sircars, mohurirs, labourers, carries, domenstic servants,etc. 2 8 1 0 0 12
12. Females, according to station in life 5 0 2 0 1 0
13. To produce a document only 2 0 2 0 2 0 2 0
14. Expert or scientific witness –
(a) For qualifying to give evidence –
(b) Attending Court on trial, per diem
As may be ordered by the Court or Judge or allowed by the Taxing Officer.
  1. Names of all witnesses to be in one application: if more than one ground to be shown.– The names of all witnesses required by any party to attend at the hearing of a suit or matter shall be inserted in one application and, where more than one application is taken out and charged for, the Advocate acting on the Original Side must satisfy the Taxing Officer that there was good ground for taking out such further application.83. Allowance to a witness who is a party.– Where the witness is a party to the suit or matter, he shall Not be entitled to any allowance, except for travelling unless he has been subpoenaed by another party to give evidence or the Court or Judge otherwise orders.84. Costs where witness is summoned but Not examined. – Where it appears to the Taxing Officer that they have been reasonably and properly incurred, he may, in his discretion, allow the fees and expenses of witnesses who have been summoned but Not examined and also the Advocate’s acting on the Original Side costs in connection therewith.85. Witnesses in different causes. – Where the witnesses attend in one cause only, they will be entitled to the full allowance. Where they attend in more than one cause, they will be entitled to a proportionate part in each cause.86. Witnesses residing out of Calcutta. – Witnesses residing out of Calcutta will be allowed travelling expenses according to the sums reasonably and actually paid, and will also, where detained in Calcutta, be allowed such a sum for subsistence money and carriage hire as the Taxing Officer, having regard to the daily allowances fixed by the scale, shall consider reasonable.87. Determination of class by Taxing Officer. – The Taxing Officer will decide the class to which the witness belongs.88. Time for payment of travelling expenses and fees. – Every person summoned to give evidence at the Civil Side of the High Court shall have tendered to him with the summons a reasonable sum for his travelling expenses (if any) for coming to Calcutta and for the first day’s attendance and shall, if obliged to attend for more than one day, be entitled before giving his evidence to claim from the party by whom he shall have been summoned the allowances and expenses at the rates specified in rule 81 for each additional day that he may be required to attend.89. When disentitled to allowance. – Any person who shall refuse to state to the Advocate acting on the Original Side of the party summoning him, or to his clerk the substance of the evidence he can give, shall Not be entitled to the above expenses without special order of the Court.90. Enforcement of payment of expenses. – Witnesses in civil suits, who have Not been paid such reasonable sum for their expenses as the Court allows by its rules, may apply to the Court at any time in person to enforce the payment of such sum as may be awarded them.91. Advocate’s acting on the Original Side fees. – Except as otherwise specially provided in these rules the following fees shall be allowed to Advocates acting on the Original Side:-

General Fees

Instructions

Rs. a.
1. To sue or to defend and/or to counter-claim 2 0
2. 2. Preparing special affidavits, petitions, claims, statements of facts Drawing 5 to 10 0

Drawing

3. (a) Conveyances and other Instruments as defined by the Indian Stamp Act, in any suit or proceeding in Court, per folio
(Approving same—half the drawing charge)
(b) Affidavits, petitions and all other necessary documents [other than those mentioned in (a) or otherwise specially provided for] as may be allowed by the Taxing Officer exclusive of copies inserted therein, up to 10 folios
2 0
4. Security or bail-bond 5 to 10 0
5. Notice of motion, and other necessary Notices except Notice to witnesses (as may be allowed by Taxing Officer) 5 to 10 0
6. Notice of action required by any special or local law 10 to 20 0
7. Abstract of title to properties to be sold by an officer or the Court other than the Sheriff, per folio 1 0
8. Conditions of Sale 10 0
9. Advertisement 5 0
10. Requisitions on title and answers thereto 5 to 30 0
11. (1) Observations to counsel to accompany briefs :-
(a)For further directions, or
(c) On appeals, or
(d) Cross-examinations of a witness or witnesses whose evidence is to be taken on commission or de bene esse, or
(e) On references in all cases where necessary
(2) The like in special cases (including perusal)
5 to 10
Discretionary
0
12. Particulars of claim, counter-claim, or of set-off 2-8 to 10 0

Note : The fee for drawing a document in all cases includes a copy if required for the use of the Advocate acting on the Original Side or for settlement by counsel.

13. (1). Every engrossment of fair copy whether written or typed per folio
(2). Every second or third engrossment or fair copy when struck simultaneously by any process per folio
(3) Every subsequent engrossment or fair copy, when struck simultaneously by any process per folio
(4) When typed copies are made independently of each other, for every folio
(5) Lithographed or photographed copy or copies printed for convenience Not pursuant to Rules of Court for each necessary copy(6) Printed copies of plans, pictures,paintings or similar documents
Costs in relation to the preparation of documents and copies thereof shall be minimised as far as possible. It shall be the duty of Advocates acting on the Original Side or parties appearing in person to use the most ecoNomical process available. The Taxing Officer shall in every case consider what process could have been utilised, and shall allow the charges for the same at the cheapest rate available in the circumstances of the case.
0
0
0
0at reasonable cost
at reasonable cost
6
3
1
4
Service
14. Serving every necessary Notice, summons to a witness or other judicial process which may be served by an Advocate acting on the Original Side for service on a party within local limits.
Where more than one in the same residence for each additional party served
Beyond the local limits (besides expenses actually incurred), per day
2
1
5
0
0
0
Attendances
15. On presentation of plaint 10 0
16. Receiving, filing or depositing any statement or papers, from or in any of the offices of the Court 1 0
17. Every attendance before the Court or Judge or an officer of the Court, Not otherwise provided for (at the discretion of the Taxing Officer) 2-8 to 5 0
18. Every application for summons to witness unless special, or for summons to parties to a suit 2 0
19. Every other application of the Court or Judge or the Registrar or Master before or after decree, for every attendance in the discretion of the application where Not engaged more than one hour 5 to 10 0
20. For every attendance on the client, or the opposite party, where a letter would Not suffice, Not exceeding one hour
For every additional hour or part of an hour
Where a letter would suffice
5 to 10

5 to 10
2 to 3

0

0

0

21. Receiving and perusing every necessary letter 2 0
22. Receiving Formal letter 1 0
23. Perusing pleadings, proceedings or documents received from the opposite party or obtained from Court where necessary in the discretion of the Taxing Officer, each
Perusing returns, reports, awards and such other documents as the Taxing Officer may allow up to 20 folios, per each
Perusing draft orders and decrees and writs of commission Not exceeding 16 folios
Exceeding 16 folios, per folio
50
2
0
04
0
2
Note : Not to apply where the same Advocate acting on the Original Side acts for both parties.
24. Receiving service of Notices, orders, etc. 2 0
25. Attending client on execution of security bond at the Advocate’s acting on the Original
Side office or house, or at the Court house
If attested by an Advocate acting on the Original Side where such attestation is necessary
2
10
8
0
26. Attending Court upon the swearing of every necessary affidavit (including the attendance upon the Interpreting Officer (Court) to have the same explained) 2 0
27. All necessary attendances, inspecting documents, books and accounts before and after decree, per hour
Where attendance of Advocate acting on the Original Side or his managing clerk is required, per hour
2
10
8
0
28. Searches in the High Court—
Common
Special
(Other Searches will be treated as attendances under rule 97, items and 6)
2
2 to 7
0
8
29. Investigating old and difficult titles for purposes of an abstract of title to properties to be sold by an officer of the Court other than the Sheriff, where such officer certifies that such investigation is special and comes within this item, in the discretion of the Taxing Officer 32 to 160 0
30. Attending Counsel with brief or instructions 2 0
31. Attending Counsel paying or marking additional fee 2 0
32. Attending Counsel fixing time for consultation or conference 2 0
33. Where suit, motion or reference is in the peremptory list for hearing and before it is called on, per day 2 8
34. Attending Court to hear judgment delivered, where judgment is Not delivered at the end of the hearing 10 0
35. Attending taxation, per hour 5 0
36. Attending (1) before a Judge at a hearing adjourned into Chambers to take account or enquiry, or (2) before the Registrar, Master or other Referee, on reference, or (3)on review of taxation before the Taxing Officer, per hour
(Where counsel engaged, then half the above rate).
37. Attending at a Local Enquiry, or at a Commission to examine parties or witnesses or at an Examination de bene esse, or before a Commissioner for Partition, or before a Receiver on the letting of property, or to take or deliver possession, or before an arbitrator per hour
Where attendance of Advocate acting on the Original Side or his managing clerk is required, per hour
For every mile or portion of a mile beyond the local limits and within 20 miles, additional to cover travelling expenses and loss of time, per mile, provided the total amount including the fee for going and returning shall Not exceed twenty rupees
Where beyond 20 miles
2
5 to 10

1
(in the discretion of the Taxing Officer)8
0

Interest  38.Money properly paid or advanced out of pocket for the client for fees of Court, fees to counsel or stamps or fees to the Sheriff, interest thereon at 6 per cent.   Letters  39.Of demand before suit5040.To witnesses, for each witness served
(Not to be allowed except after adjournment of a case or where actually necessary)2…41.Of instructions to agent where, when a commission has issued for examining a witness abroad, it may appear to the Taxing Officer that the Advocate acting on the Original Side could Not reasonably be expected to attend8042.Every other necessary letter8043.Every Formal letter10 Translation  44.All necessary translations made at the office of the Advocates acting on the Original Side, per folio08

  1. Fees for printed pleadings or other proceedings.– Where any pleading or other proceeding is printed, the fees payable to the Advocates acting on the Original Side shall, so far as possible, correspond to the fees payable in respect of paper books in appeals in the original jurisdiction, under these rules.93. Fees to be allowed.– (A) In defended suits, except as is otherwise provided by these rules, fees shall be allowed to the Advocates acting on the Original Side in accordance with the lower of the two following scales unless the Court shall order that such fees shall be allowed on the higher scale:-

Instructions

Rs. a.
1. To sue, or to defend, and/or to counter-claim 25 50
2. For statement of questions of law or fact agreed on under section 90 and Order XXXVI,
rule 1 of the Code, where drawn by counsel
15 20
3. For pleadings where drawn by counsel 15 20
4. For interrogatories when drawn by counsel 5 8
Drawing
5. Statement of questions of law or fact agreed on under section 90 and Order XXXVI, rule 1 of the Code at the discretion of the Taxing 15 30
6. Plaints and written statements at the discretion of the Taxing Officer 30 50
7. Petition for leave to appeal to Supreme Court or for admission of appeal to the Supreme Court 25 50
8. Interrogatories for the examination of witnesses 10 16
9. Brief for trial 25 50
10. Bill of costs 10 16
Conferences
11. Conference with counsel 10 10
Consultations
12. Consultations 10 10
Perusals
13. Perusing papers for trial at the discretion of the Taxing Officer Not exceeding 75 100
14. Perusing accounts for investigation Half the fee allowed or which it would be proper to allow, for the preparation thereof
Collecting evidence
15. Collecting and taking down evidence at the discretion of the Taxing Officer Not exceeding 50 75
Note : As regards items 9, 10, 13, 14 and 15 in difficult, lengthy, or exceptional cases the Taxing Officer has discretion to allow higher fees.
Attendances
16. During the hearing, on settlement of issues, or final disposal, or further directions each day 25 to 50 at the discretion of the Taxing Officer
17. Do Do (in undefended suits) 16-0-0

(B) In (a) undefended suits, (b) suits directed to be marked as short causes, (c) other suits in which the Court or a Judge shall so order fees shall be allowed to the Advocates acting on the Original Side in accordance with the lower of the above mentioned scales.

94 Classification of party and party or Advocate acting on the Original Side and client-discretion of Taxing Officer. – The fees mentioned in rules 91 and 93 are the rates to be allowed upon taxation as between Advocate acting on the Original Side and client, or as between party and party, but it will be for the Taxing Officer, in every case, to decide whether the particular business charged for, or monies advanced, are to be allowed as between party and party or as between Advocate acting on the Original Side and client.95. Special direction for increased fee. – Where it shall be made to appear to the satisfaction of the Court that the fee ordinarily allowed under the headings 9, 13 and 15 in rule 93 will Not be sufficient to indemnify the party, plaintiff or defendant, against the costs necessarily incurred by him, and that such fees ought to be increased, it shall be lawful for the Court to give special directions as to the fees falling under these heads as to the Court may seem fit.96. When such directions to be obtained. – The directions mentioned in rule 95 ought to be obtained at the hearing of the suit. Where applied for afterwards, the costs of the application shall, unless otherwise ordered, be borne by the applicant.97. Costs only as between Advocate acting on the Original Side and client. – The following costs may be allowed as between Advocate acting on the Original Side and client, but are Not to be allowed upon taxation as between party and party except as provided in rules 98 and 99:-

Rs. a.
1. Conference with counsel before appeal, if sanctioned or directed by the client 10 0
2. Other conferences with counsel Not allowed as between party and party costs, where such conference is sanctioned or directed by the client 5 0
Note : Where No fee is paid to counsel on conference, No charge can be allowed to the advocate acting on the Original Side for his attendance.
3. Expenses of the Advocate acting on the Original Side incurred with the sanction of the client in collecting and taking down the evidence and defraying the expenses of witnesses other than herein-before provided for, as may be allowed by the Taxing Officer Discretionary
4. Every attendance by an Advocate acting on the Original Side in person or his managing clerk, on a pardanashin lady, or on clients unable to attend Court or at the Advocate’s acting on the Original Side office, to obtain their signatures to the verification to plaints, statements, claims and all other proceedings required to be verified, and to get affidavits or affirmations sworn or affirmed under commission where within Calcutta.
Ditto Ditto, where by an inferior clerk
20
5
0
0
5. Every other attendance by an Advocate acting on the Original Side in person or managing clerk, at any place other than the Court house, or the Advocate’s acting on the Original Side office or house, at the request of the client, or otherwise where necessity shown, where within the local limits
Ditto Ditto, where by an inferior clerk
10 to 20
5
0
0
6. For every attendance beyond the local limits under either of the last two preceding clauses the like fees as in rule 91, last two clauses of item. 5 0
  1. Some attendances may be allowed as between party and party.– The attendance under items 4, 5 and 6 of rule 97 may be allowed as between party and party, or as between Advocate acting on the Original Side and client at the discretion of the Taxing Officer.99. Attendance allowed as between party and party.– Where an attendance at any place other than the Court house or the Advocate’s acting on the Original Side office, the fees for an attendance at the office may, at the discretion of the Taxing Officer, be allowed as between party and party, and the difference between such fee and the fee fixed by rule 97 may be allowed as between Advocate acting on the Original Side and client.

Mortgage suits in which the total sum due for principal does Not exceed Rs. 4,000

  1. Only fees set forth in the following table to be allowed.– In suits for the sale or foreclosure of mortgaged property in which the total sum due for principal does Not exceed four thousand rupees, No fees shall be demanded or received other than those set forth in the following tables of fees, or allowed by the Court or a Judge:-

Tables

Costs Up To Preliminary Decree In Suits For Sale or Foreclosure

Rs. a.
1. Letter of demand 2 0
2. (a) Instructions to sue, including warrant to sue
(b) Searches for encumbrances where necessary for instituting suit for each full day’s search —
Where within local limits
Where beyond the local limits
(c) Instructions to counsel to draw or settle plaint briefing and delivering same to counsel and obtaining back and perusing same where necessary
5

5
10

0

0
0

3. Drawing, engrossing and presenting plaint 15 0
4. Attending for summons and delivering same to the Sheriff 2 0
5. Attending to search whether summons served 1 0
6. Drawing and engrossing affidavit of service of summons 5 0
7. Attending to have same explained (where necessary) 1 0
8. Attending to have same sworn or affirmed 1 0
9. Filing same 1 0
10. Summons to witnesses, including instructions and all attendances for same 5 0
11. Service and copy on each witness, where within Calcutta 2 0
12. Where beyond the local limits (besides reasonable expenses incurred) 3 0
13. Brief to counsel 5 0
14. Attending at the hearing 10 0
15. Obtaining and approving and returning draft decree 1 0
16. Bill of costs (including obtaining and service of summons, and attendance on taxation) 5 0
Counsel’s fee
1. Fee for drawing or settling plaint 34 0
2. Brief fee on hearing 34 0
3. Brief fee on hearing if defended costs subsequent to Preliminary Decree in suits for Sale 85.00
Officer’s fees
(Registrar)
1. Filing Plaint, etc., and issuing summons 5 0
2. Filing affidavit of service 1 0
3. Filing application for summons to witnesses 1 0
4. Decree 5 0
5. For translations 5 0
(Surveyor)
Fee of Surveyor where it is necessary to survey the property 32-100 0
(Taxing Officer)
6. Taxation 5 0
(Sheriff)
7. Service of summons 2 0
8. Bailiff’s charge 0 6

Costs Subsequent To Preliminary Decree In Suits For Sale

Advocate’s acting on the Original Side fee

Rs. a.
1. Bespeaking, obtaining and filing office copy preliminary decree for the purpose of taking account 2 0
2. Attending, obtaining Notice or reference and service of same on the defendant, where within local limits 2 0
3. Where beyond local limits (besides reasonable expenses incurred) 3 0
4. Drawing and engrossing affidavit of service of Notice 5 0
5. Attending on reference
(Not more than two attendances to be allowed)
5 0
6. Drawing and engrossing state of facts including all attendances to have the same explained, sworn or affirmed and filed 6 0
7. Attending, obtaining, approving and returning draft report 1 0
8. Bespeaking and obtaining office copy report 1 0
9. Attendance for service of same, where within local limits 2 0
10 Where beyond, besides reasonable expenses incurred 3 0
11. Drawing and engrossing affidavit of service of office copy report 5 0
12. Notice of application for final decree 2 0
13. Petition for final decree 5 0
14. Obtaining certificate of the Accountant-General that money Not paid into Court 2 0
15. Affidavit of service of Notice 5 0
16. Brief of counsel 5 0
17. Attendance on application 5 0
18. Obtaining, approving and returning draft decree 1 0
19. Bespeaking and obtaining office copy final decree for purpose of sale 2 0
20. Drawing advertisement or Notification of sale 5 0
21. Attending Registrar therewith for approval and signature 2 0
22. Letters to publishers with copy of advertisement or Notification, each 2 8
23. Drawing and engrossing conditions of sale 10 0
24. Preparing list of title-deeds, and delivering same to the Registrar 10 0
25. Attending on settlement of conditions (where required)
(Notice of settlement of conditions of sale will be served by the Registrar’s clerk or peon, unless otherwise ordered by the Registrar)
2 8
26. Attending at the sale 10 0
27. Obtaining office copy Registrar’s certificate 2 0
28. Instructions and drawing petition for payment of purchase-money out of Court 5 0
29. Obtaining certificate of the Accountant-General 2 0
30. Notice of application to purchaser, or obtaining his consent 2 0
31. Affidavit of service of Notice (where required) 5 0
32. Application to Court 5 0
33. Obtaining order 1 0
34. Attending and obtaining counter-signature of Judge to order, and filing same with the Accountant-General 2 0
35. Bill of costs and attendance on taxation 5 0
36. Attending and identifying plaintiff to the Accountant-General 2 0
37. Charges for advertising including costs for re-advertising where sale is postponed
(Actual cost incurred under direction of the Registrar or officer conducting the sale)
100 0
38. Attending to have every necessary affidavit of service explained (where necessary)sworn or affirmed and filed 1 0
Counsel’s fee
1. Fee for applying for final decree 34 0
Officer’s fees
1. (Registrar)Report as to amount due 5 0
2. Final decree 5 0
3. Certificate as to result of sale 5 0
4. Order for payment of money into Court 5 0
4A. For every requisition for duplicate or other copy of any document 1 0
Note : If the requisite stamps are Not furnished within a week from the date of assessment of folios, the application shall be deemed to have lapsed and fresh requisition shall be necessary.
4B. For duplicate and other copies of any document per folio (less any fee paid in respect of item No. 4A) 0 10
(Taxing Officer)
5. Taxation 5 0
(Account-General)
6. Entering order and issuing money draft 5 0
7. Certificate that money Not paid into Court 5 0

Costs Subsequent To Preliminary Decree In Suits For Foreclosure

Advocate’s acting on the Original Side fees

1. Bespeaking, obtaining and filing office copy preliminary decree 2 0
2. Obtaining Notice of reference and service of same where within local limits
Where beyond local limits, besides reasonable expenses incurred
2
3
0
0
3. Drawing and engrossing affidavit of service of Notice 5 0
4. Attending on reference 5 0
Note : Not more than two attendances to be allowed.
5. State of facts 5 0
6. Obtaining, approving and returning draft report 1 0
7. Bespeaking and obtaining office copy report
(Attendances for service of same to be allowed as above)
1 0
8. Drawing and engrossing affidavit of service of office copy report 5 0
9. Notice of application for final decree for foreclosure and possession 2 0
10. Obtaining Accountant-General’s certificate that money Not paid into Court 2 0
11. Application to Court for final order for foreclosure and possession 5 0
12. Brief for counsel 5 0
13. Tabular statement 5 0
14. Application to Court for possession 5 0
15. Obtaining order 1 0
16. Bill of costs and attendance on taxation 5 0
17. Filing original order of possession 2 0
18. Obtaining, sealing and delivering duplicate order of possession to the Sheriff 1 0
19. Attending to have every necessary affidavit of service explained (where necessary), sworn or affirmed and filed 1 0
Counsel’s fee
1. For applying for final decree for foreclosure 34 0
Officer’s fees
(Registrar)
1. Report as to amount due 5 0
2. Final decree 5 0
3. Order for possession 5 0
4. Duplicate copy order 5 0
(Account-General)
5. Certificate that money Not paid into Court 5 0
(Sheriff)
6. For serving writ 4 0
7. Bailiff’s charge 16 0

Special Charges (Where Allowed By The Court) In Suits Either For Sale Or Foreclosure

Advocate’s acting on the Original Side fees

(For necessary applications)

1. Notice of summons of applications 2 0
2. Petition or Affidavit 5 0
3. Attendance for service where within local limits 2 0
4. Where beyond, besides reasonable expenses incurred 3 0
5. Affidavit of service 5 0
6. Attending to have affidavit explained 1 0
7. Attending to have affidavit sworn or affirmed 1 0
8. Obtaining affidavit in opposition 1 0
9. Affidavit in reply (where necessary) 5 0
10. Brief for counsel 5 0
11. Attendance on application 5 0
12. Obtaining, approving and returning draft order 1 0
13. Bespeaking and obtaining office copy order 1 0
Counsel’s fee
1. For such application (if in case of chamber application such fee is certified) 34 0
Officer’s fees
(Registrar)
1. For filing papers 1 0
2. For order 5 0
3. Issuing summons and filing return 5 0
  1. Following costs only as between Advocate acting on the Original Side and client.– In such suits the following costs may be allowed as between Advocate acting on the Original Side and client, but are Not to be allowed as between party and party:
1. Power of Attorney (where plaintiff deputes another to receive payment) 32 0
2. Attending to receive payment 5 0
3. Written statement : voluntarily filed
(Such charge Not to be allowed on taxation as between advocate acting on the Original Side and client unless it shall appear that the advocate acting on the Original Side before preparing such statements specifically inFormed the client of the risk incurred by him of Not being allowed the costs thereof as between themselves and the other party to the suit.)
10 0
4. For every necessary attendance by an Advocate acting on the Original Side in person on a pardanashin lady or upon clients unable to attend Court or at the Advocate’s acting on the Original Side office 10 0
5. Ditto, where by a clerk 5 0
6. Beyond the local limits and within five miles, every mile 5 0
  1. Special costs where defended.– In such suits, when defended, the Court may permit the Taxing Officer to increase the fee to counsel and also to allow extra costs occasioned by the defence.103. Mortgagor defendant’s costs.– (1) In such suits, unless otherwise ordered, the following costs only shall be allowed as between Advocate acting on the Original Side and client to the mortgagor defendant:-

Advocate’s acting on the Original Side fees

1. Instructions to defend 5 0
2. Warrant 2 0
3. Office copy plaint 2 0
4. (a) Perusing same with client, and taking instructions for brief
(b)Instruction to counsel to draw or settle written statement, briefing and delivering same to counsel and obtaining back and perusing same where necessary
5

5

0

0

5. Writing statement, case for defence, including brief 10 0
6. Summons to witnesses including instructions and all attendances for obtaining same 5 0
7. Service and copy on each witness, where within local limits
Where beyond the local limits (besides reasonable expenses incurred)
2
3
0
0
8. Attending at the hearing 10 0
9. Obtaining, approving and making draft decree 1 0
10. Attending on settlement of conditions of sale
(Notice of settlement of conditions of sale will be served by the Registrar’s clerk or peon, unless otherwise ordered by the Registrar)
5 0
10A. Attending at the sale 10 0
11. Bill of costs and attendance on taxation 5 0
Counsel’s fee
1. Fee for drawing or settling written statement 34 0
2. Brief fee on hearing 85 0
Officer’s fees
1. Filing warrant 1 0
2. Office copy plaint 3 0
3. Filing application for summons 0 8
4. Taxation fee 4 0

(2) In such suits unless otherwise ordered the following costs only shall be allowed to the mortgagor defendant as between party and party or as between Advocate acting on the Original Side and client as the case may be for opposing necessary application:

1. Obtaining Notice of summons with grounds 2 0
2. Affidavit in opposition 5 0
3. Attending to have affidavit explained 1 0
4. Attending to have affidavit sworn or affirmed 1 0
5. Obtaining affidavit in reply 1 0
6. Brief for counsel 5 0
7. Attendance on application 5 0
8. Obtaining, approving and returning draft order 1 0
9. Bespeaking and obtaining office copy order 1 0
Counsel’s fee
1. Such application (if in case of chamber application such fee is certified) 34 0
  1. Mortgagee defendant’s cost.– In such suits where there is a puisne mortgagee defendant, the Taxing Officer may allow as between party and party the costs set out in rule 103, and in addition thereto such of the fees under rule 100 as may be applicable.105. Sales how to be advertised.– In such suits for sale, the sale shall be advertised once at least in three newspapers as the Registrar may direct : Provided always that the Registrar shall be at liberty to dispense with the publication of the advertisement in any one of the above papers, wherever it may be necessary to do so for the purpose of keeping down the costs.

Suits for partition of property Not exceeding Rs. 20,000 in value

  1. Estimated value to be stated in plaint.– In every suit for partition the estimated value of the property to be divided shall be stated in the plaint.107. Commission to be issued to Registrar.– In suits for partition in which the value of the property to be divided shall Not exceed Rs. 20,000 the commission of partition shall, unless otherwise ordered, be issued to the Registrar.108. Only fees set forth in the following table to be allowed. – In suits for partition in which the value of the property to be divided does Not exceed Rs. 20,000 No fees for issuing the commission of partition, for executing it, or confirming the commissioner’s certificate, shall be demanded or received other than set forth in the following table, or those allowed by the Court or a Judge:-

Advocate’s acting on the Original Side fees

Rs. a.
1. Attendances for obtaining commission 10 0
2. Attending meeting of Commissioner, including service of Notice, each
(Not to exceed on the whole Rs. 100 and Not more than two meetings to be charged for when the property is Not capable of partition)
25 0
3. Instructions to confirm return 5 0
4. Drawing and engrossing Notice 6 0
5. Copying same for service 1 0
6. Service 2 0
7. Affidavit of service 6 0
8. Swearing same 2 0
9. Obtaining certificate of return filed 2 0
10. Briefing papers for counsel 10 0
11. Attending counsel with brief 2 0
12. Attending Court when application made 10 0
13. Filing papers 1 0
14. Obtaining and sealing order 2 0
15. Serving same and copy 3 0
16. Affidavit of service 6 0
17. Swearing same 2 0
18. Filing same 1 0
19. Attending, getting return stamped at the Collectorate 2 0
Note : In such suits if the property is sold the costs of sale are to be allowed on the same scale as those allowable under rule 100.
Counsel’s fee
1. Application to confirm return 34 0
Officer’s fees
2. Filing return 5 0
3. Order to confirm return including all other charges 15 0
3A. For every requisition for duplicate or other copy of any document 1 0
Note : If the requisite stamps are Not furnished within a week from the date of assessment of folios, the application shall be deemed to have lapsed and a fresh requisition shall be necessary.
3B. For duplicate and other copies of any document per folio (less any fee paid inrespect of item No. 3A) 0 10
Fees for Commissioner, etc.
1. Commissioner 160 0
2. Surveyor 80 0
3. Interpreting Officer (Court) and clerk 40 0
N.B : — In addition to the above fees the Taxing Officer shall allow ad valorem duty chargeable on the return or order confirming same under the provision of the Indian Stamp Act.
  1. Costs at the following rates to be allowed for paper-books.– In appeals preferred to the High Court from its Original Jurisdiction, the cost of preparing the paper-book shall be at the following rates:-
Rs. a. p.
(a) In Court-fee stamps
(i) The Court charges for office copies, and(ii) Filing index under rule 15 of Chapter XXXI, per folio
1 0 0
(b) Copying papers for the press, including examination, per folio 0 8 0
(c) Arranging papers for the press, per paper 0 4 0
(d) Examining and comparing papers, per folio 0 2 9
(e) Printing Actual cost at a reasonable rate to be allowed by the Taxing Officer.
(f) Photographs and lithographing maps (where necessary) Actual cost

110 Deleted.111. Table of fees and expenses in appeals to the Supreme Court. – In appeals preferred to the Supreme Court, the cost of preparing and despatching the paper-book shall be at the following rates:-In Court-fee stamps

Rs. A
(a) Estimate of costs (where necessary) 16 0
(b) Settlement of index and list, for every 16 papers or part of 16 papers 1 0
(c) (c) Filing index and list under rule 12 of Chapter
XXXIIIA per folio or part of a folio
1 0
(d) Copies to be made over to appellant’s Advocate acting on the Original Side under Rule 16,
Chapter XXXIIIA, including examination, per folio
0 8
(e) Examining and passing final or press proof under rule 17, Chapter XXXIIIA, for each proof, per folio 0 2
(f) Approving each marginal Note 0 4
(g) Certifying transcript or printed record for every eight pages or part thereof
And to the Advocate acting on the Original Side—
1 0
(h) Making transcript or copying papers for the press where necessary including examination, per folio 0 8
(i) Printing Actual cost at reasonable rate to be allowed by the Taxing Officer.
(j) Examining proof, per folio And to the Court-keeper— 2 8
(k) For supervising the despatch of the paper-books And to the duftry 5 0
(l) For packing the paper-books for despatch 2 0

N.B. : The cost of packing materials and postage stamps used for despatching the paper-books shall be certified by the Court-keeper and credited to Government from the deposit mentioned in Rule 6 of Chapter XXXIIIA.112. Costs of paper-books to be costs in the appeal. – The costs incurred in the preparation of the paper-books shall be costs in the appeal, unless as to the whole or any portion thereof the Court shall otherwise order.113. The following fees shall be allowed to Advocates acting on the Original Side in respect of appeals from the High Court in its Original Jurisdiction in addition to any fees which may be properly allowable to them under the general table of fees:-(To the Appellant’s Advocate acting on the Original Side)

Rs. a.
1. Instructions to prosecute an appeal, perusing judgment and advising thereon 25 0
2. Perusing papers and preparing observations for counsel, in the discretion of the Taxing Officer 75 to 150 0
3. Briefing necessary papers Not included in the paper-book At the ordinary rate
4. 4. Attendance in Court during the hearing of an appeal and when judgment is delivered for each day Not exceeding 50 0
(To the Respondent’s Advocate acting on the Original Side)
1. Instructions to defend 10 0
2. Attendance at the office of the appellant’s Advocate acting on the Original Side to examine the printed copy of the transcript with the official copy, for every hour or part of an hour 5 0
3. Perusing papers and preparing observations for counsel, at the discretion of the Taxing Officer Rs. 75 to 150 0
4. Attendance in Court The same as to the appellant’s acting on the Original Side.
  1. Nothing contained in these rules shall affect any direction by the Court assessing costs at any fixed sum; or affect the powers of the Court to direct taxation of cost at any state of a suit or proceedings.115.The following fees shall be charged in respect of the matters set out hereunder:-
Rs. a.
1. Probate of a Will or Letters of Administration with or without Will annexed The fees for the time being prescribed by the Court -fees Act of 1870 or any subsequent modification there-of
2. Succession Certificate Ditto
3. Undertaking under section 49 of the Indian Divorce Act Eight annas
4. Caveat Ten rupees
5. Petition in a suit under the Native Converts Marriage Dissolution Act, 1866 Five Rupees
6. Every petition under the Indian Divorce Act, except petitions under section 44 of the same Act and every Memorandum of Appeal under section 55 of the same Act Twenty rupees
7. Every petition under the Indian and Colonial Divorce Jurisdiction Act, 1926 Twenty rupees
8. Every decree nisi and decree absolute under either the Indian Divorce Act or the Indian and Colonial Divorce Jurisdiction Act, 1926 Twenty rupees
9. Plaint or Memorandum of Appeal under the Parsi Marriage and Divorce Act, 1936 Twenty rupees
10. Decree under the Parsi Marriage and Divorce Act,1936 Twenty rupees

Provided that when, after the grant of certificate under section 370 of the Indian Succession Act, 1925, or under any other enactment for the time being in force, in respect of any property included in an estate, a grant of Probate or Letters of Administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the Former grant.116. Taxing Officer to include Asst. Registrar in Taxing Office in certain cases. – The term “Taxing Officer” shall include any Assistant Registrar in the Taxing Office wherever these words occur unless excluded by or repugnant to the context, save and except in rule 10 where the words occur for the 2nd time, rule 21 where the words occur for the 1st time, rule 22 where the words occur for the first time and also for the 2nd time in regard to the exercise of the powers under rules 10 and 23, rule 23, rule 70 (where the words occur other than for the first time), rule 71, rule 72 and rule 91, item 36 (3).117. Notwithstanding anything to the contrary contained in these rules the fees chargeable under these rules by the clerks and officers of the High Court (other than Sheriff and Advocates acting on the Original Side) on any application made or in any suit or other proceeding instituted by the Court Liquidator, the Official Liquidator or any other Liquidator appointed under the Banking Companies Act, 1949 (X of 1949), on behalf of a banking company which is being wound up shall be remitted to the extent provided for in section 115 of the Presidency Town Insolvency Act, 1909 (III of 1909).118. The words “fifteen annas”, “fourteen annas”, “twelve annas”, “ten annas”, “eight annas”, “seven arenas”, “six annas”, “five annas”, “four annas”, “three annas”, “two annas” and “one anna”, or the figure “15 as.”, 14 as.”, “12 as.”, 10 as.”, “8 as.”, “7 as.”, “6 as.”, “5 as.”, “4 as.”, “3 as.”, “2 as.” and “1 anna” wherever they occur in these Rules should be read as “ninety paise”, “ninety paise”, “seventy-five paise”, “sixty-five paise”, “fifty paise”, “forty paise”, “forty paise”, “thirty paise”, “twenty-five paise”, “fifteen paise” and “fifteen paise” respectively and the figures “2 as. 9 p.” should be read as “fifteen paise”.

CHAPTER XXXVIA

  1. Subject to the provisions of any statute or of the rules, the costs of and incidental to all proceedings shall be in the discretion of the Court. Unless the Court otherwise orders, an interveNor shall Not be entitled to costs.2.Where it appears that the hearing of any suit or matter canNot conveniently proceed by reason of the Advocate acting on the Original Side of any party having neglected to attend personally or by some proper person on his behalf, or having omitted to deliver any papers necessary for the use of the Court which are in his possession and which according to the practice ought to have been delivered, the Advocate acting on the Original Side shall personally pay to all or any of the parties such costs as the Court may think fit to award.3. Where in any proceeding costs are awarded to any party, the Court may direct the payment of a sum in gross in lieu of taxed costs and may further direct by and to whom the said sum shall be paid.4. The Registrar shall be the Taxing Officer of the Court.5. The Taxing Officer shall allow all such costs, charges, and expenses as appear to him to have been necessary or proper for the attainment of justice or for defending the rights of any party, and shall Not allow any costs, charges and expenses which appear to him to have been incurred or increased unnecessarily or through negligence or mistake.6. Where in the opinion of the Taxing Officer a fee ought to be allowed for any matter Not provided for in these rules or a question arises in taxation on which he considers it necessary to obtain the directions of the Judge in Chamber the Taxing Officer may refer such matter to the Judge in Chamber for orders.7. Where the Taxing Officer is of opinion that any costs have been injuriously or unnecessarily occasioned by the negligence or improper conduct of any Advocate acting on the Original Side, he shall Not allow any charge for the same without the leave of the Court.8. The Taxing Officer shall without delay bring to the Notice of the Judge in Chamber any wrong charge which appears to him to have been wilfully made in any bill of costs.9. Every bill of costs lodged for taxation between party and party shall contain a certificate from the Advocate lodging the same that the fee paid to him by his client or agreed to be paid to him is Not less than the amount of fee claimed by him in the bill.10. Every bill of costs shall be properly dated throughout and shall show in a separate column all monies paid out of pocket.11. Every bill of costs shall be certified by signature of the Advocate acting on the Original Side in the case.12. The fees for taxation and registration of every bill costs-shall be paid in court-fee stamps when the bill is lodged for taxation.13. Every bill of costs shall, wherever possible, be accompanied by vouchers, and every item of disbursement and cause thereof shall be distinctly specified, and No payment out of pockets shall be allowed except on production of the necessary voucher or in the case of Advocate’s fee, without the signature of the Advocate that the fee has been paid, or agreed to be paid.14. Within eight weeks from the date of the judgment or order awarding costs or within such further time Not exceeding four weeks as the Taxing Officer may for good cause allow, the party to whom the costs have been awarded shall lodge in the Taxing Office the bill of costs and voucher. He shall also serve on the opposite party a copy of the bill of costs and file in the Taxing Office proof of such service. The Taxing Officer shall issue summons fixing a date for the taxation of the bill for service on the parties.15. A bill of costs presented out of the time shall be returned to the party and the Taxing Officer shall Not receive.or tax the same except by order of the Judge in Chamber.16. Except as otherwise provided in these rules or by any law for the time being in force, the fees set out hereunder may be allowed to Advocates and Advocate acting on the Original Side.17. No retaining fee to an Advocate shall be allowed on taxation as between party and party.18. Where an Advocate appears for different parties in the same suit, appeal or matter, only one set of fees shall be allowed unless the Court otherwise orders.19. Where two or more causes are heard together, only one set of costs shall be allowed unless the Court or Judge in Chamber otherwise directs.20. In defended suits and appeals the first day’s hearing fee shall be allowed in full, for the first five hours of hearing or part thereof, in accordance with these rules.21. No refresher shall be allowed unless the hearing has lasted for more than five hours and the Taxing Officer shall have discretion to reduce the refresher or to allow a refresher having regard to the duration of the hearing after the first five hours.22. The fees provided for in these rules shall be subject to reduction in the discretion of the Taxing Officer according to the nature of the case.23. Where a dispute arises between the Advocate acting on the Original Side and his client as to the fees and charges payable to the Advocate, either party may apply, to the Judge in Chamber, for an order to have the bill taxed and on an order for taxation being made the Taxing Officer may proceed to tax the bill. The application when made by the Advocate shall be accompanied by a copy of the bill sought to be taxed:Provided that where the client has expressed his consent in writing to the taxation of costs between himself and his Advocate acting on the Original Side in any proceeding the Advocate may present his bill of costs in that proceeding for taxation without an order of the Judge in Chamber and the Taxing Officer shall thereupon proceed to tax the bill.24. In every case of taxation between Advocate and his client, the client shall be duly summoned by the Taxing Officer to attend the taxation, and the summons shall be served on the client at least two weeks prior to the date fixed for taxation.25. Subject to any agreement in writing to the contrary, the rules regulating the taxation of costs between party and party shall be applicable as far as may be to taxation between Advocate and client.26. No agreement between the Advocate acting on the Original Side and his client to pay fees higher than those prescribed in these rules shall be recognised unless the same has been recorded in writing and is signed by the client and filed with the bill of costs.27. Where the Taxing Officer is of the opinion that any such agreement filed as aforesaid is unfair or unreasonable, he may place the matter before the Judge in Chamber and the Judge may make such order thereon as he may think just and the taxation shall proceed in accordance with such order :Provided that where fees are payable by the client personally or out of a fund belonging entirely to him fees actually paid by the Advocate acting on the Original Side to the Advocates in excess of the fees prescribed in these rules shall Not be called in question if the payment of such fee is duly authorised by the client.28. Where the amount of a bill of costs between Advocate and client is reduced by 1/6th or more, the Advocate’s fee for attending taxation shall be disallowed.29. An Advocate acting on the Original Side whose bill against his client has been taxed may apply to the Judge in Chamber for an order against his client or his legal representative for payment of the sum allowed on taxation or such sum thereof as may remain due to him. The order so made may be enforceable as a decree.30. Any party who is dissatisfied with the allowance or disallowance by the Taxing Officer of the whole or any part of the items in a bill of costs may apply to the Taxing Officer to review the taxation in respect thereof.31. An application for review shall be made within three days from the date of passing of the bill or within such further time as the Taxing Officer may allow and a copy of the application shall be served on the opposite party.32. Objections in writing specifying concisely the items or parts of the bill objected to and the grounds for the objections shall be lodged in the Taxing Office and shall serve a copy thereof on the opposite party.33. Objections which were Not taken in at the time of the taxation shall Not be taken in at the stage of review, unless allowed by the Taxing Officer.34. Upon application to review his order, the Taxing Officer shall reconsider his taxation upon the objections carried in and may, where he thinks fit, receive further evidence in respect thereof, and shall state in a certificate the ground of his decision thereon and any special facts or circumstances relating thereto.35. Any party dissatisfied with the decision of the Taxing Officer on review may, Not later than seven days from the date of the decision, or within such further time as the Taxing Officer or the Judge in Chamber may allow, apply to the Judge in Chamber for an order for review of taxation and the Judge in Chamber may thereupon make such order as may seem just.36. No evidence which was Not before the Taxing Officer when he taxed the bill or reviewed his taxation shall be received by the Judge in Chamber upon the review of the Taxing Officer’s decision unless the Judge in Chamber otherwise directs.37. The certificate of the Taxing Officer shall unless it is set aside or altered by the Judge in Chamber be final as to the amount of the costs covered thereby.38. The allowances to be made to witnesses per diem shall be such as the Taxing Officer may think reasonable having regard to the profession or status of the witness.39. Witnesses residing more than five miles away from the place where the Court sits shall be allowed travelling expenses according to the sums reasonably and actually paid by them and shall also be allowed such sum for subsistence money and carriage hire as the Taxing Officer considers reasonable.40. Every person summoned to give evidence shall have tendered to him with the summons a reasonable sum for his travelling expenses (if any) and for the first day’s attendance and shall, if obliged to attend for more than one day, be entitled, before giving his evidence, to claim from the party by whom he has been summoned the appropriate allowances and expenses for each additional day that he may be required to attend.41. Witnesses who have Not been paid such reasonable sums for their expenses as the Court allows by its rules may apply to the Court at any time in person to enforce the payment of such sum as may be awarded to them.42. Except as otherwise specially provided for in these rules the following fees shall be allowed to the ‘Advocate’ and ‘Advocates acting on the Original Side’ and the provisions of rule 91 and also the provisions of the rules relating to charging of surcharge on every item of the bill of Chapter 36 shall Not apply:
  2. Fees for acting, drawing, settling and conferences
Rs.
(a) (i) Receiving instructions to sue, defend and/or to counter-claim and to apply or oppose
(ii) Do, for interlocutory application
50.00
20.00
(b) Perusing papers for preparing pleadings,

petitions, affidavits, application, memo of appeals, cross-objections, and all statements or counter-statements in connection with any suit, matter or appeal or other proceeding
(except interlocutory proceedings)

75-250
(c) Drawing, pleading and/or statement of
(i) Case, petition, affidavits, memo of appeal, cross-objection, statement of facts, counter-statement of facts and statutory statements required by any Act
(ii) For getting the above settled in special cases in the discretion of Taxing Officer
Between 34 and 170
Between 170 and 34
(d) Unless otherwise ordered by the Court
(i) Drawing conveyances and other instruments as defined by the Stamp Act, 1963, in connection with any suit or proceeding
(ii) For approving same
(iii) Making searches
(iv) Preparing abstract of title, Notification and condition of sale, making requisition on title and answering requisitions
(v) Presenting and filing pleadings, originating summons, petition and/or other applications before the Court or a Judge or the Registrar or Master
(vi) Filing other papers in the office
3 per folio
½ of above
85 to 170 at the discretion of Taxing Officer
3 per folio
20

2(e)Typing, printing or cyclostyling necessary papers including pleadings, petitions, affidavits, exhibits, paper-books etc. (1st copy).
Subsequent copies75 p. per folio
½ of above(f)

Receiving, writing, serving, filing, sending, letters, summons, orders, decrees, reports, returns, writs and other documents including attending in the offices of the Court, submitting requisitions, collecting evidence and making or allowing inspection in connection with any suit, matter, application, appeal and doing all acts generally which are Not specifically provided for (one lump sum to be allowed)

(i) Preparing Index of Papers in appeal
(ii) Approving same
(iii) Attending settlement of Index and for taking other steps necessary for preparation of record

200.500 in defended suits, matter or appeal and in special case up to maximum of Rs. 1,500 (at the discretion of Taxing Officer) 150-250 in undefended suits, matters and appeal at the discretion of the Taxing Officer
50-75
25-50
50-100(g)Attending conference with AdvocateBetween 34 and 85 (at the discretion of Taxing Officer)B. Fees for pleading  Fee on brief Not exceeding Rs.Refresher Not exceeding Rs.(a)Appearing in suits, appeals and cross-objections when defended
(i) Leading Advocate (if allowed by Court)
(ii) Second Advocate (if allowed by Court)
(iii) Advocate when acting
(iv) Advocate when acting and pleading600
300
170
300
(Consolidated)250
150
100
150
(Consolidated)(b)Appearing in suits, appeals and cross-objections when undefended—When acting and pleading150
(Consolidated)No refesher(c)Appearing, moving or opposing application, motion, summons or any other application before Court or Judge
(i) Leading Advocate (if allowed by Court)
(ii) 2nd Advocate (if allowed by Court)
(iii) Advocate acting on the Original Side
(vi) Advocate when acting and pleading200
150
100
150 (d)Appearing, moving or opposing application, motion, summons or any other application before Court or Judge when uNopposed—Leading Advocate (if allowed by Court or Judge)
Advocate acting and pleading on the Original side150
100No refesher
No refesher(e)Appearing before the Registrar, Senior Master, Master or other officers of the Court,
Commissioner of Partition, Special Referee, Special Officer, Arbitrator, Receiver, Official Assignee or any other Officer in connection with any suit, matter, application or appeal or taxation50 (in special case at the discretion of Taxing Officer)
20 (in ordinary cases of effective hearing) 5 (when a matter is adjourned) 2.50 (for attendance though clerk when a matter is adjourned).

 

  1. Save as otherwise expressly provided in these rules, all the rules in Chapter XXXVI of the Original Side Rules shall applymutatis mutandis for the purpose of taxation of bill of costs under this Chapter.

CHAPTER XXXVII

Criminal Side Rules

(Constitution of Courts and Sittings)

  1. Jurisdiction to be exercised by a single Judge. Point reserved to be disposed of by three or more Judges.– The Ordinary Original Criminal Jurisdiction of the Court shall be exercised by a single Judge unless the Chief Justice shall otherwise direct. Any point of law. which may be reserved under the provisions of clause 25 of the Letters Patent or section 434 of the Code of Criminal Procedure, or which may be brought before the Court under the provisions of clause 26 of the Letters Patent, shall be heard and determined by a Division Court constituted by such three or more Judges as the Chief Justice shall appoint.2. Appellate Side to hear applications O.C.J. cases transferred to be heard on Criminal Side.– Applications for the exercise of the Extraordinary Original Criminal Jurisdiction conferred on this Court by clauses 24 and 29 of the Letters Patent, and applications under section 526 of the Code of Criminal Procedure, shall be heard and disposed of at the Appellate Side. But cases directed to be tried by the High Court will be tried at the Criminal Side according to the provisions of the Code of Criminal Procedure before such Judge as the Chief Justice shall appoint.3. Commencement and sittings of Session. – The Criminal Sessions shall commence on such dates and be held at such intervals in each year as the Chief Justice may from time to time appoint and the Court shall sit daily (Sundays and close holidays excepted) unless the Presiding Judge otherwise direct until the jails are delivered.

Summons and Processes

  1. Clerk of the State to issue summonses and processes.– All summonses, precepts, rules, orders and mandatory process shall be issued from and returned into the office of the Clerk of the State, and shall be subscribed by him and tested, sealed and executed in the same manner as the like processes are on the Civil Original Side.5. Witness residing beyond certain limits Not to be summoned.– No summons shall be issued by the Clerk of the State to compel the attendance as a witness of any person resident and at the time residing at a greater distance than ten miles from the Court House unless the Court or a Judge order the same.6. Attendance of witnesses under recognizances and beyond jurisdiction. – In cases where witnesses resident beyond the local limits of the Ordinary Original Criminal Jurisdiction of the High Court have been bound over by recognizances or summoned to attend and give evidence at the trial of any person committed by any Magistrate in the Mofussil to any Criminal Sessions of the High Court, it shall Not be necessary for the Clerk of the State to issue any summons to such witnesses, but the Clerk of the State shall in all such cases, in sufficient time before the day appointed for holding the Criminal Sessions, send a letter to the Magistrate of the district from which the committal was made, stating the day on which the Criminal Sessions are to be held, with a list of the witnesses from whom recognizances have been taken and of those to whom summonses have been issued, and requesting the Magistrate to cause the witnesses to be served with Notice to attend on the day named in sufficient time to ensure their attendance on that day.6A. Accused ‘to be searched. – Accused persons who are on bail shall on each occasion of entering the dock be taken down the stairs leading from the dock and searched by the police. No female shall be searched except by a wardress or other woman authorised by the Commissioner of Police in that behalf.

The Jury Rules

  1. Qualifications of Jurors.– Every male person between the ages of twenty-one and sixty, who is Not the subject of any Foreign State, and who resides or personally works for gain within the local limits of the High Court in its Ordinary Original Criminal Jurisdiction, shall be qualified and liable, subject to the provisos and conditions hereinafter contained to serve as a Juror at any Criminal Sittings of the High Court, other than sittings held under the provisions of section 335 of the Code of Criminal Procedure, and upon any inquest before the Coroner of Calcutta; provided he be the resident occupier of a house within the said local limits of the annual value of Not less than four hundred rupees; or has property, or an interest in lands, tenements, or goods within the State of West Bengal of the value of Not less than three thousand rupees; or is in receipt of an income of Not less than one hundred rupees a month.8. Disqualification of Jurors.– No person shall be eligible to serve as a Juror as aforesaid, who holds any office in or under the High Cowl; or who receives any pay or emolument for any employment in any office or under any officer thereof; or for executing any duties of Police; or who is the Subject of any Foreign State; or who is under the age of twenty-one years; or who having been convicted of a Non-available offence under the Indian Penal Code, or of a similar offence in Union of India or elsewhere, shall Not have obtained a free pardon in respect thereof, or have obtained a reversal of such conviction upon the merits; or who is a lunatic or an idiot; or who does Not understand English when spoken.9. Persons exempted from serving on Juries. – The persons exempted from liability to serve on Juries are enumerated in a list kept by the Clerk of the State for that purpose and they shall Not be put upon the list of Jurors.10. Persons whose names are on the Jury List liable to serve subject to objection. – Subject to the foregoing rules and to the right of objection contained in section 278 of the Code of Criminal Procedure, any person whose name shall be on the Jury List then in force shall be qualified and liable to serve as a Juror as aforesaid.11. List of Special and Common Jurors to be summoned for each Session, when and by whom to be prepared, and number of names to be contained therein. – On some day Not less than six weeks before the commencement of each Session, one of the Judges of the High Court shall cause to be made out lists of the persons to be summoned as Special and Common Jurors, respectively, for such Session, containing the names of so many persons as the Clerk of the State deems necessary. The lists shall be respectively called “The Special Jurors’ List” and “The Common Jurors’ List” for the particular Session, designating it by the date on which it is to commence, and shall be prepared as follows:-(1) List of Special Jurors how prepared. – The names of all persons, if any, ordered to be entered in the list of Special Jurors for such Session under rule 12, 15 or 20 shall be first entered in the said list, unless the Judge shall be satisfied as regards any one or more of such persons that he or they will be unable, from illness or other sufficient cause, to attend at such Session, in which case the name of such person may be set aside in the same manner as it might have been set aside under rule 12, if the name had been drawn by lot for such Session. The Judge shall then cause to be drawn by lot the names of such a number of persons qualified and liable to serve on Special Juries as, with those already on the list, will, subject to the provisions of these, rules make up the required number of persons qualified and liable to serve on Special Juries, and names of such persons shall be entered upon and Form the List of Special Jurors liable to serve and to be summoned as Special Jurors for such Session.(2) List of Common Jurors how prepared. – In like manner the names of all persons, if any, ordered to be entered in the Common Juror’s List for such Session under rule 12, 15 or 20, shall be first entered in the said list, unless the Judge shall be satisfied as regards any of them that such person will be unable, from illness or other sufficient cause, to attend at such Session, in which case the name of such person may be set aside in the same manner as it might have been set aside under rule 12, if his name had been drawn by lot for that Session. The Judge shall then cause to.be drawn by lot the names of such a number of persons qualified and liable to serve on Common Juries, as with the names already on the list, will, subject to the provisions of these rules, make up the required number of persons qualified and liable to serve on Common Juries, and the names of such persons shall be entered upon and Form the List of Common Jurors liable to serve and to be summoned as Common Jurors for such Session.12. Mode of proceedings to draw the names of the Special and. Common Jurors to be summoned. – The mode of proceedings to draw the names of such special and common jurors, respectively, shall be as follows:-The names of all the jurors in the list of special and common jurors, respectively, prepared by the Clerk of the State, shall be numbered consecutively. The number attached in the list of special jurors to the name of each juror liable to be summoned as a special juror for the Session for which the list of special jurors is to be prepared, shall be written on a bone or ivory counter, the several counters being all, as nearly as may be, of equal size and shape, and such counters shall be put together by the Clerk of the State into a box, and on the day to be fixed for drawing the names of the jurors, the Clerk of the State shall, in open Court, draw, or cause to be drawn, the said counters one after the other until the requisite number of special jurors shall be obtained. The juror on the special juror’s list whose number on such list shall correspond with the number drawn, shall subject to the provision in these rules, be entered in the special jurors’ list for the Session, and a number deNoting the order in which the name of each juror is so drawn shall be set against the name of such juror in the special jury list for the Session.A similar course, mutatis mutandis, shall be adopted in drawing the names of the common jurors.Names of deceased persons or persons Not liable to serve or excused from service to be set aside. Names of persons excused from service to be entered in list for future service. – The Judge may order the name of any person who has actually served as a juror in the preceding year and of any person kNown, or believed to be dead, absent from Calcutta, or likely to be unable from illness or otherwise to attend, or kNown, or believed Not to be qualified or liable to serve as a juror under this rule, or who for any other reason which the Judge may think fit should Not be summoned as a juror, to be set aside; and, in every such case, an additional name shall be drawn in lieu of that so set aside and the Judge, where he thinks fit, may order the name of any person so set aside, except on account of death or disqualification, to be entered on the list of special and common jurors as the case may be, for any subsequent session to be then fixed.13. Order in which names to be arranged in lists with additions and place of abode. – The names and places of abode of the several persons included in such Special and Common Jurors’ Lists for the Session shall be written therein and numbered in the order in which they shall have been drawn, and such lists shall be signed by the Judge.14. Copy of lists to be annexed to precept to Sheriff to summon Special and Common Jurors in numerical order. – A copy of such lists shall be annexed to a precept to the Sheriff commanding him to summon such number in each list as may be directed in the precept. The Sheriff shall summon the Jurors in the order in which their names appear on the lists until service has been effected on the required number. Special Jurors may be required to attend on the dates Notified to them by advertisement published in any public newspaper.15. Name of Juror excused attending at one Session, on condition of his serving at a subsequent Session, to be inserted in the list for such Session. – Any person whose name is included in the Specibr Common Juror’s List for any Session may apply to the Clerk of the State to cause him to be excused from attendance as a juror, either generally or at the particular Session. Such application shall be made at least one week before the day fixed for the commencement of the Session, and shall specify the grounds upon which the application is made. The Clerk of the State shall, as soon as possible after the last day allowed for making such application, bring them before one of the Judges of the Court, and such Judge shall pass orders thereupon, which shall be communicated by the Clerk of the State to the respective applicants. If the Judge shall think fit to excuse any of the applicants from attendance at the particular Session, he may do so unconditionally, or on condition of his serving at the next or some subsequent Session to be fixed, and any such conditional order shall operate as an authority to the Clerk of the State to include the name of such person in the list of such subsequent Session under the provisions of rule 10.16. Jurors to be summoned ten days before the first day of the Session. – Every person named in the lists mentioned in rule 13 shall forthwith, or as soon as possible after the receipt of the precept by the Sheriff, be summoned by him to attend at the Session for which he shall have been appointed to serve as a Juror, and such summons shall be served at least ten days before the first day of the Sessions.17. Service of summons or process by post. – A summons to a Juror who resides out of the limits of the town of Calcutta, and to whom access at his office or place of business within such limits is denied to the Sheriff’s Officer, as also all Notices, orders, or other proceedings required to be served on him, shall, unless otherwise ordered, . be addressed to him at his office or place of business aforesaid, or at his place of residence, and forwarded to him by post duly registered. The transmission by post as aforesaid of every such summons, or Notice or of a copy, authenticated by the seal of the Court, of every such order or other proceeding, shall, unless good cause be shown to the contrary, be deemed sufficient service thereof.18. Personally. – In all other cases every such summons, Notice, order or other proceeding shall, unless otherwise ordered, be served on a Juror personally.19. Sheriff to return precept with two panels, one of Special Jurors, the other of Common Jurors, showing in tabular Form names and particulars of service and accounting for Non-service. – The Sheriff shall, as soon as possible after service of the summons, and Not later than one week before the commencement of the Session, return the precept to the Clerk of the State, with two panels annexed thereto, one of the Special Jurors and one of the Common Jurors, which panels shall show in a tabular Form the names of the persons summoned and the particulars of service upon each; and if any person or persons named in the list annexed to the precept shall Not have been served, the panel shall state that fact, and the reason why such person or persons has or have Not been summoned, and in every case the reason why such service has Not been effected shall be verified by the affidavit of the Officer whose duty it was to effect such service, and such affidavit shall be filed with the Clerk of the State, with the return to the precept.20. Sheriff’s return to be immediately laid before a Judge for orders. – On the receipt of such return the Clerk of the State shall, without delay, bring the same before one of the Judges of the Court. The said Judge may, if necessary, examine the Sheriff’s Officer or Officers as to the truth of such return and as to the circumstances of the service or of the absence of service on any person and may direct service to be made upon the person or persons Not already served in such manner as to him shall seem fit. The Judge, if he thinks fit, may cause the name of any person returned by the Sheriff as Not summoned to be entered on the lists of Jurors, either Special or Common, as the case may be, for any subsequent Session to be fixed by the Judge.21. If sufficient number of Jurors Not served, further name of Jurors to be drawn by lot, as provided by rule 12. – Where the Judge shall be of opinion that the number of Jurors named in either of the said lists who shall have been served is Not likely to be sufficient, he may cause to be drawn by lot, in the mode provided by rule 12, such further number of names as he may deem necessary.22. Copy of Supplementary Lists to be annexed to additional precept to Sheriff, Sheriff’s return. – Such lists shall be called the Supplemental Lists of Special or Common Jurors, as the case may be, and shall be prepared and signed in the manner hereinbefore provided with respect to the original lists, and copies thereof shall be sent to the Sheriff with an additional precept and the Sheriff shall, as soon as possible after the receipt of such additional precept, cause the persons named therein to be summoned to attend at the Session, and shall return the precept to the Court Not later than one clear day before the first day of the Sessions, with a panel similar to that provided by rule 19 in respect of the original lists and precept.23. Jury how to be drawn and empanelled. – In order to Nominate a Jury for the trial of any prisoner or other person to be tried by Jury, the Clerk of the State shall cause to be put together into one box cards or pieces of parchment containing the names of all the persons summoned to serve on the Common Jury for the Session, where the trial is to take place before a Common Jury, or on the Special Jury, where the trial is to take place before a Special Jury, except such of the said persons as shall have been excused by the Judge from serving on that day in consequence of his having served as a Juror on the previous day, or for any other cause. Such cards or pieces of parchment shall be, as nearly as may be, of equal size, and each shall bear the name of one person summoned to serve on the Jury for that Session. The Clerk of the State shall then in open Court draw or cause to be drawn out of the said box nine of the said cards or pieces of parchment, one after another; and where any of the Jurors whose name shall be so drawn shall Not appear, then such further number shall be drawn till nine Jurors shall appear. As the name of each Juror is drawn, it shall be called aloud, and upon the Juror appearing the prisoner or person to be tried shall be asked if he objects to be tried by such Juror; and where, upon any challenge or objection on behalf of either the State or the party to be tried, or for any other lawful cause, any Juror is Not allowed to serve, or is exempted from serving, the Clerk of the State shall draw out another card or piece of parchment from the said box, and so on, until nine Jurors shall have been drawn who shall be allowed to serve.23A. Repealed with effect from 17th July, 1958.24. Proceedings in case of deficient Jurors. – Where, by reason of absence, or disallowance on challenge, or any other cause, there is a deficiency of Jurors, the Court may command the Sheriff or other officer to name or summon a sufficient number of persons to make up a full Jury, and the Sheriff, or other Officer shall at such command of the Court, return such men duly qualified to serve as shall be then present, or can be found to serve on such Jury and the course of proceeding shall be the same as if their names had been returned in the panel and drawn by ballot under rule 23; provided that, in case of a Special Jury, the additional Jurors may be taken from the list of Common Jurors summoned to serve at the same Session if a sufficient number of Jurors qualified to serve as Special Jurors shall Not be present in Court.25. After every Session entry to be made against the name of each Non-defaulting Juror. – After each Session the Clerk of the State shall make an entry to the List of Jurors opposite the names of those who shall have served at such Session or shall have been summoned to serve at such Session and shall Not have made default, together with the date of service, or of the Session for which he shall have been summoned to serve.26. Exemption of persons who have already served as Jurors. – On the conclusion of any trial whether tried by a Special or Common Jury, the Presiding Judge may direct that the persons who have served as Jurors at such trial shall be exempted from service as Jurors for a period of Not more than five years, and the names of the persOns so exempted shall Not be entered on the lists of Special and Common Juries for any sessions, during such period, unless Juries for the trial of cases committed to the Sessions during such period canNot be made up without them.27. Only .persons of Common Jury List eligible to serve on Coroner’s inquest, and, except in case of necessity, No Juror to be summoned again within twelve months. – No person shall be summoned to serve upon any inquest before a Coroner unless he is on the Common Jury List, Nor, except in the case of necessity, within the period of twelve months after he shall have served on a Coroner’s inquest or shall have been summoned to serve on a Coroner’s inquest, and shall Not have made default. The Coroner shall keep a copy of the Common Jury List, and shall enter therein the names of the persons who shall have served or been summoned to serve and Not made default, and the date of the inquest at which such Juror shall have served or for which he shall have been summoned to serve.

Bail

  1. Application for bail of prisoner committed to Session.– Where a person has been committed for trial to the Sessions, application may be made on his behalf that he may be bailed on giving 48 hours’ written Notice to the prosecutor or his Advocate acting on the Original Side. Such Notice shall contain the names, residences and descriptions of the persons whom he proposes as his sureties. The application shall be supported by an affidavit stating when, by whom, for what offence, and under what circumstances the person was committed and where he is detained in custody and the grounds for the application. A copy of such affidavit shall be served upon the prosecutor or his Advocate acting on the Original Side with the said Notice. The prosecutor may file affidavit in opposition to the application and may appear to oppose making of an order that the prisoner be admitted to bail.29. Clerk of the State to write to Magistrate to produce depositions.– On the hearing of such application the Court may direct the Clerk of the State to write a letter directing the Magistrate by whom such person has been committed to produce the depositions taken before him in the case unless such depositions shall have previously been forwarded to the office of the Clerk of the State.30. On prosecutor consenting, order on shorter Notice. – The application mentioned in Rule 28 may be made on any shorter Notice than 48 hours where the prosecutor or his Advocate acting on the Original Side consents thereto or waives his right to 48 hours’ Notice, but in every case the written Notice and affidavit mentioned in the said rule must be served on the prosecutor or his Advocate acting on the Original Side before the application is made.31. Amount of bail and number of sureties by whom approved. – Where the order is that the person shall be admitted to bail, the Court shall direct to what amount such bail shall be taken and with how many sureties, and unless the Court approve of the names proposed as bail or shall otherwise direct, the Registrar shall after examination approve the same if he is satisfied of their sufficiency. The order shall be drawn up with a direction that a warrant be issued to bring up the person before the Court for the purpose of being bailed (Form No. 1).32. Person may be released on entering recognizances. – Unless the Court shall otherwise order the recognizances shall be entered into before the Registrar. On the person being brought up under the warrant issued, the Registrar may, on recognizances being entered into according to the Court’s order, direct that he be released.

Return of Documents

  1. Delivery of documents etc., after 30 days.– In all cases the Clerk of the State shall keep the property and documents produced in the Court of Sessions until the expiration of thirty days from the date of final disposal of the case and shall, unless the Court or a Judge otherwise orders, deliver them to the owner thereof, or to the person who produced the same, or to the person from whose custody they were produced.34. Disposal of documents etc., Not claimed.– In cases where No application has been made by any person requesting the return of property or documents which are in the custody of the Clerk of the State, the Clerk of the State shall, as soon as possible after the expiry of thirty days from the last date of each Sessions, send the same or such of them as in his discretion he thinks proper to the Commissioner of Police, Calcutta, or to the Chief Presidency Magistrate, to be dealt with by him according to law, unless the Court or a Judge otherwise orders.35. Retention of certain articles. – Notwithstanding anything hereinbefore mentioned the Clerk of the State may, as his discretion, retain in his custody money, jewellery, valuable securities, forged Notes, counterfeit coins, machines or instruments and materials for forging Notes and counterfeiting coins and any other articles, unless the Court or a Judge shall pass special orders for their disposal.36. Form. – The Form to which reference is made in this Chapter is in Appendix N.

CHAPTER XXXVIIA

Criminal Side Rules

(Shorthand Notes)

  1. Shorthand record of evidence and charge.– In all cases coming before the Court, the evidence shall be taken down in shorthand.The shorthand Note shall also contain any questions put to or answers made by the accused or any of them and any statements made by any accused person in the course of the trial.It shall likewise be the duty of the Recording Officer (Court) to take down in shorthand the charge to the Jury and any questions that may be put to the Jury, together with answers given by them.2. Appointment of Recording Officers (Court).– Recording Officer (Court) shall be appointed from time to time as required by the Chief Justice under the Letters Patent for such periods and on such conditions as he may determine.2A. The transcript of the shorthand Note shall be submitted to the Judge by the Recording Officer (Court) who took the same. In the case of the charge to the Jury, the Judge after making such corrections as may be necessary shall certify that the transcript represents substantially what he told the Jury. In the case of any other part of the shorthand Note errors in the transcript shall be corrected by the Judge ordinarily in the presence of Counsel on both side.3. Shorthand Note to be signed and certified. – After the transcript has been corrected as provided in rule 2A, the Recording Officer (Court) shall sign the shorthand Note taken by him of any trial or proceeding or of any part of such trial or proceeding and certify the same to be a complete and correct shorthand Note thereof as required by these rules and shall lodge the same with the Clerk of the State.4. Transcript to be made when directed. – The Recording Officer (Court) shall, as he may be directed by any general or special orders, furnish to the Clerk of the State a transcript of the whole or any part of the shorthand Note taken by him.5. Transcript to be typed and verified. – In the case of any transcript which shall be required for the use of the Court in any appeal, proceeding or application, the same shall be type-written and verified by the person or persons making the same by a signed statement that the same is a correct and complete transcript of the shorthand Note as required by these rules.6. Persons entitled to copy of transcript. – The following shall, upon the conclusion of a trial, be entitled, on payment of such sums as may be prescribed from time to time, to obtain from the Clerk of the State a copy of the transcript of the whole or any part of the shorthand Note prepared and certified in accordance with these rules:-

(a) The prosecutor.

(b) A person convicted.

(c) The Local Government.

(d) The Government of India.

(e) Any other person who shall have obtained leave from the Trial Judge or the Chief Justice:

Provided that in trials by Jury in the High Court, transcript copies of the Charge to the Jury, the verdict and the sentence shall, on the application of a person convicted, be given to him without delay and free of cost, if such application is made before the expiry of the period of limitation prescribed for filing an appeal from the conviction and sentence passed on him.

CHAPTER XXXVIIB

Appeal to Criminal Side Rules

  1. This Chapter relates solely to appeals under section 411A of the Code of Criminal Procedure and to all proceedings relating thereto and in connection therewith.2.In this Chapter the undermentioned expressions shall have the meanings as follows:-

(i) “the Code” shall mean the Code of Criminal Procedure, 1898;

(ii) “the Criminal Appellate Court” shall mean the Division Court of the High Court prescribed in section 411A(3) of the Code;

(iii) “the Trial Judge” shall mean the Judge who presided at a trial by the High Court at Calcutta in the exercise of its Ordinary Original Criminal Jurisdiction;

(iv) “the Registrar” shall mean the Registrar, Original Side of the High Court at Calcutta, or the officer for the time being carrying out the duties of such Registrar and he shall be the Registrar of the Criminal Appellate Court;

(v) “jail appeals” shall mean appeals presented to the jailor by convicted persons while in detention in jail and when Not represented by an Advocate acting on the Original Side;

(vi) “the Register” shall mean the Register of the Criminal Appellate Court.

  1. All appeals under section 411A of the Code shall be heard by the Criminal Appellate Court which shall consist of two or more Judges of the High Court as the Chief Justice shall appoint.4.The Registrar shall keep the Register in which he shall enter petitions for certificates of Trial Judges, petitions for leave to appeal and petitions of appeal.5. An appeal under section 411A of the Code shall, subject to the provisions of section 419 of the Code so far as they are applicable, be preferred by petition in writing addressed to the Court and presented to the Registrar, and every such petition shall state shortly the offence or offences charged, the result of the trial, and the grounds on which the appeal is made, and shall be accompanied by a duplicate copy of the petition, and two copies each of the charge of the Trial Judge to the jury, the verdict returned by the jury and the sentence or final order.6. (i) An application for a certificate of the Trial Judge under section 411A(1)(b) and (2) of the Code shall be made either orally to the Trial Judge immediately after the conclusion of the trial or upon a petition in writing presented to the Registrar. Such petition shall state shortly the offence or offences charged, the result of the trial, and the grounds upon which the application for a certificate is made, and it may be presented either by the convicted person or by his Advocate acting on the Original Side, or, in the case of a petition at the instance of the State Government, by or on behalf of the Superintendent and Remembrancer of Legal Affairs, West Bengal.

(ii) The Registrar shall, subject to Rule 10 hereof, forthwith place the petition before the Trial Judge who shall thereupon appoint an early date for its hearing and shall dispose of it without delay.

(iii) If the application is granted, the Trial Judge shall direct a certificate to issue in accordance with Form 1 in the schedule hereto and cause it to be delivered to the Registrar.

  1. (1) An application to the Criminal Appellate Court for leave to appeal under section 411A(1)(b) and (c) and (2) of the Code shall be made by petition in writing addressed to the Court and presented to the Registrar. Such petition shall state shortly the offence or offences charged, the result of the trial and the grounds upon which application for leave to appeal is made, and shall be accompanied by a duplicate copy of the petition and two copies each of the charge of the Trial Judge to the jury, the verdict returned by the jury and the sentence or final order. The petition may be presented by the persons mentioned in sub-rule (1) of Rule 6 hereof.

(ii) The Registrar shall, subject to Rule 10 hereof, forthwith place the petition before the Criminal Appellate Court which shall thereupon appoint an early date for its hearing.

  1. When a party desires to appeal on grounds which require the leave of the Appellate Court, the petition of appeal referred to in Rule 5 shall be accompanied by a petition for leave to appeal referred to in Rule 7, and such petition shall, unless the Court otherwise directs, be disposed of at the same time as the hearing of the appeal under section 421 of the Code.9.The procedure prescribed in sections 421 and 422 of the Code shall apply to petitions for leave to appeal under Rule 7 hereof.10. Upon presentation to the Registrar of any petition as hereinbefore provided, he shall endorse upon it the date of its presentation and shall enter it with such date in the Register. If the petition is barred by any law of limitation or is otherwise defective, he shall make a Note to this effect in the Register indicating the reasons thereof, and shall in writing in Form the person by whom it was presented of its defect with particulars of the reasons, and shall forthwith in the case of a petition under Rule 6 hereof, place it before the Trial Judge, and in the case of a petition under Rule 5 or Rule 7 hereof, place it before the Criminal Appellate Court for orders and directions.11. (i) The Notice prescribed by section 422 of the Code as also the Notice under Rule 9 hereof, read with section 422 of the Code, that the Criminal Appellate Court has granted leave to appeal, shall be in accordance with Form 2 in the schedule hereto.

(ii) The Notice pursuant to sub-rule (1) of this Rule shall be served by the Registrar or by such officer as he may in writing appoint for the purpose and a certificate of service signed by the Registrar or by such officer shall be sufficient evidence of service unless the Criminal Appellate Court shall subsequently otherwise direct to the contrary.

  1. The Registrar shall, together with the Notice under sub-rule (i), of Rule 11 hereof, serve upon the Clerk of the State a Notice requiring him to send forthwith to the Registrar all the records of the case and the records of the proceedings of the trial.13.Upon receipt of the Notices under Rule 12 hereof, the Clerk of the State shall forthwith cause the records to be delivered to the Registrar.14. (i) Upon receipt by the Registrar of the records from the Clerk of the State, unless the Criminal Appellate Court otherwise directs,-

(a) No paper-books or typewritten copies of the records shall be prepared in an appeal against sentence only or in an appeal to which Rule 17 applies or in any Jail appeal;

(b) the paper-book shall be prepared in accordance with the provisions contained in the First Schedule to the Supreme Court Rules, 1950, and thirty-nine printed copies of the paper book shall be printed at the expense of the State, in an appeal involving a sentence of death, fourteen copies shall be bound for use of the High Court and remaining twenty-five copies shall be in loose sheets which shall be kept in a sealed cover along with the High Court records for use in the event of an appeal to the Supreme Court;

(c) four type-written copies of the records shall be prepared in all other cases.

(ii) The paper-book or typewritten copies of the records, as the case may be, to be prepared by the Registrar shall contain the following:-

(a) Minutes of the proceedings of the trial,

(b) Charges (indictment) on which the trial was held,

(c) Record of the evidence at the trial,

(d) Examination of the accused before the Magistrate,

(e) Examination of the accused at the trial,

(f) Charge to the jury,

(g) Verdict of the jury,

(h) The final order of the Court,

(i) Exhibits (if any),

(j) Certificate of the Trial Judge or the Note of the Criminal Appellate Court (if any) granting leave to appeal and the petition of appeal,

(k) Post-mortem report, Chemical Examiner’s report, Map and Statement under section 164 of the Code (if any), if Not included in item (i).

(iii) The Registrar shall supply three copies of the printed paper-book or one copy of the typewritten records (as the case may be) to the Superintendent and Remembrancer of Legal Affairs, West Bengal, and, in cases involving a capital sentence, one copy of the printed paper-book to each of the persons upon whom such sentence has been proNounced by the Trial Judge or may be proNounced by the Appellate Court. All copies supplied under this sub-rule shall be free of charge.

(iv) In any case where the Criminal Appellate Court affirms a sentence of death passed by the Trial Judge or where the Criminal Appellate Court passes a sentence of death, two copies of the printed paper-book of the case, together with two copies of the Judgment of the Criminal Appellate Court, shall be forwarded to the State Government.

  1. After the paper-books have been obtained and copies thereof have been supplied as provided in sub-rule (iii) of Rule 14 hereof, the Registrar shall place the appeal in a Warning List to be maintained by him at his office, and shall on every Saturday cause all appeals in the Warning List to be printed in the Cause List as being ready for hearing. No appeal shall be placed in the Peremptory List until the lapse of one week after it has first appeared in the Warning List.16.In every appeal

(i) in which a convicted person is ordered by the Criminal Appellate Court to be released from jail or discharged from bail or to surrender to his bail to serve out the sentence of imprisonment imposed upon him on the disposal of an appeal by the Criminal Appellate Court, or

(ii) in which the capital sentence is confirmed, reduced or set aside by the Criminal Appellate Court, the necessary orders shall be immediately sent to the office of the Clerk of the State without waiting for the judgment to be signed.

  1. In an appeal preferred by a convicted person in which an Advocate acting on the Original Side does Not appear on behalf of the appellant within fourteen days from the date of service of the Notice under sub-rule (i) of Rule 11 hereof or in which the Junior Public Prosecutor does Not give Notice to the Registrar within seven days of receipt of Notice under that sub-rule, that the State Government intends to appear and to oppose the appeal, the Registrar shall cause such appeal to be transferred to a separate list to be maintained by him. Such list shall be called the Undefended List and such appeal shall appear in the Warning List and in the Peremptory List in the same manner as other appeals under this Chapter, provided that if at any time before the disposal of the .appeal, either an Advocate acting on the Original Side on behalf of the accused or the Junior Public Prosecutor enters appearance, the appeal shall thereupon be transferred to the ordinary Warning List.18.(i) Jail appeals may be received by post. The delivery of the petition of appeal to the jailor, which need Not be accompanied by any other paper, shall be deemed to be presentation of the petition of appeal to the Registrar. On receipt of a jail appeal the Registrar shall cause a translation of the petition of appeal to be prepared, if necessary, and shall call for copies of the order appealed against, the charge to the jury and the certificate of the Trial Judge, if any. On receipt thereof the Registrar shall place them together with the petition of appeal before the Criminal Appellate Court for orders.

(ii) A petition of appeal or other document presented by a prisoner or other person in duress or under restraint of any Court or its officer shall Not be chargeable with the fees set out in the Fourth Schedule in Rule 74 of Chapter XXXVI of the Original Side Rules.

  1. An application for interim bail pending a petition to the Criminal Appellate Court for leave to appeal or pending the hearing of an appeal under section 421 of the Code may be made to the Trial Judge immediately after the conclusion of the trial or thereafter to the Chief Justice or the Division Bench for the time being presided over by him or the Vacation Bench or to one of the Vacation Judges. Twenty-four hours’ Notice in writing shall ordinarily be given to the Junior Public Prosecutor before any such application may be entertained unless the Junior Public Prosecutor waives such Notice or the Chief Justice or the Division Bench or the Vacation Bench or Vacation Judge, as the case may be, sees fit to dispense with such Notice. Subject to the requirements of Notice in this rule contained, an application for interim bail may, unless otherwise ordered, be made at any time after the sentence is pronounced.20.(i) Except in a case where the Court passing the judgment, sentence or final order proposed to be appealed against, determines on its own motion to grant a certificate under Article 132(1) or Article 134(1) of the Constitution of India, all applications including oral applications for such certificates and all applications for leave to appeal to the Supreme Court under section 411A(4) of the Code of Criminal Procedure, 1898 shall be heard by the Bench from whose judgment, sentence or final order it is intended to appeal to the Supreme Court and unless otherwise ordered, and except in a case where the application for a certificate is orally made at the time of pronouncement of the judgment, sentence or final order, Notice of such application shall be given by the appellant or his advocate to the respondent or his advocate:Provided however that if a Judge or any of the Judges, constituting such a Bench, be Not available, then such application shall be made before a Bench to be constituted by the Chief Justice, which shall ordinarily be a Division Bench.

(i) (a) Matters, connected with appeals to the Supreme Court, other than applications for leave to appeal under Section 411A(4) of the Code and for certificates under Article 132(1) or Article 134(1)(c) of the Constitution, and those with which the Registrar is authorised to deal, shall ordinarily be heard by the Criminal Appellate Court.

(ii) Every application refereed to in rule 20(i), excepting an oral application, shall first be filed with the Registrar who shall ascertain if it is properly stamped and within time and otherwise in order and if it complies with the provisions of these rules. If the application is defective in any of these respects, the Registrar shall Notify the fact to the Advocate for the applicant in writing and make a report to that effect to the appropriate Court or Bench for orders. If the application is in order, he shall set it down in a list for hearing before the appropriate Court.

[ * * * * * * ]

(v) Where a convicted person is in jail, he may present his petition for leave to appeal to the Supreme Court under Article 134(1)(c) of the Constitution to the officer-in-charge of the jail, who shall forthwith forward the same to the Registrar. Delivery of the petition to such officer, which need Not be accompanied by any other paper, shall be deemed to be presentation of the petition to the proper officer cf the Court for the purposes of limitation.

(vi) The Registrar shall place the petition, together with the order sought to be appealed from, before the Appropriate Court or Bench and the Judges composing such Bench may, upon perusal of the aforesaid papers and such other papers as they think necessary in Chambers, reject the petition summarily without bearing the petitioner in person, if they consider that there is No sufficient ground for granting leave to appeal:

Provided that when before the consideration of the petition in Chambers, appearance is entered on behalf of the petitioner by an Advocate acting on the Original Side or Supreme Court Advocate or an Advocate is assigned to him by the Court or by the Government the Court shall Not dismiss the petition without hearing the Advocate engaged by him or assigned to him as aforesaid.

(vii) Where the Bench does Not think fit to reject the petition summarily in Chambers, it shall direct Notice thereof to be given to the State and in the case of a private prosecution or where the complainant has been awarded compensation, also to the complainant n’ and shall fix a date of hearing. The petitioner shall be inFormed of ai such date. On such date or such other date to which the hearing may be adjourned, the Court, shall, after hearing the State and/or the complainant as the case may be, as also the petitioner, if they appear, make such order on the petition as to it may seem fit and proper.

  1. In any proceeding before the Criminal Appellate Court and the Bench, dealing with applications for leave to appeal to the Supreme Court.

(a) if any dispute arises as to the procedure at the trial, or as to anything which may have transpired thereat the Court may request the Trial Judge to furnish his recollection of what took place;

(b) if any dispute arises as to the correctness or otherwise of anything contained in the transcript of the evidence, the Criminal Appellate Court and the Bench, dealing with applications for leave to appeal to the Supreme Court may request the Judge to furnish his Note (if any) of the evidence.

The Schedule

Form 1

Certificate of the Trial Judge under section 411A(1)(b) (2) of the Code

In The High Court At Calcutta

The State

V

WHEREAS the said……………………… was tried by the High Court in exercise of its Ordinary Original Criminal Jurisdiction on the……………………….. day of…………………………. 20………. in the High Court Sessions Case No. ………………………. of 20……………. on an indictment charging him with and thereupon was convicted and sentenced by me to…………………………………. (or, an order for his acquittal was made by me).I do hereby certify that this is a fit case for appeal by the said against this conviction (or, by the State Government against the order for acquittal) under section 411A(1)(b) of the Code of Criminal Procedure, 1898 (or, under section 411A(2) read with sub-section (1)(b) of the Code of Criminal Procedure, 1898) upon the following grounds:-

(Signed)

Judge.

Dated this……………………………………….. day of……………………………… 20……………..

Form 2

Criminal Appellate Court Appeal No. …………………………… of …………………………

In The High Court At Calcutta

Criminal Appellate Court The State

V

Under section 422, of the Code or Criminal Procedure, I hereby give you Notice, and forward a copy herewith of the order of the Criminal Appellate Court, dated the………………………………… day of……………………………… . The appeal will be set down for hearing on the……………………………….. day of……………………………… 20……………….. or so soon thereafter as the business of the Court will permit.

Registrar.

Dated the…………………………. day of…………………… 20…………ToThe Clerk of the State.And to : (The appropriate officer of the State Government).And to : (The person acquitted at the trial).(In the case of an appeal at the direction of State Government.)

CHAPTER XXXVIIC

Criminal Appeals to the Supreme Court

  1. The rules contained in this Chapter shall apply to Criminal Appeals and all applications relating thereto in which appeal by way of special leave has been obtained from the Supreme Court or a certificate has been granted by the Court.2.These rules shall come into force from the date of publication in the “Calcutta Gazette”.3. In these rules-

the word “Registrar” shall include Additional or Deputy Registrar or an Assistant Registrar to be deputed by the Registrar.

the word “Court” shall mean High Court at Calcutta and include the Division Bench (in this Chapter called the “Criminal Appellate Court”) of this Court as the Chief Justice may from time to time determine.

the word ‘Application’ shall mean an application for leave to further appeal to the Supreme Court under section 411A(4) of the Code of Criminal Procedure, 1898 or an application under Articles 132(1) and /or 134(1)(c) of the Constitution of India or any other provision of law and shall include applications of interlocutory nature in connection therewith.

“Record Proper” means and includes complete collection of all documents to be included in the paper-book.”Code” means Code of Criminal Procedure.4. Except as herein provided the provisions of rule 20 of Chapter XXXVIIB of the Rules of the Original Side of this Court shall apply to all applications for leave to appeal to the Supreme Court so far as applicable including granting of special leave by the Supreme Court.4A. All applications for a certificate under Article 134A read with Articles 132(1) or Article 134(1)(c) of the Constitution are to be made in the manner prescribed by the Article 134A thereof:Provided that, in case of such applications submitted from jail, Notice thereof, if any, shall be given in the manner prescribed in sub-rule (vii) of rule 20 of Chapter XXXVIIB of the Rules of the Original Side of the Court.5. All applications and matters under this Chapter shall be heard by the Appellate Court in relation to appeals to the Supreme Court except those as are Not expressly directed by these rules to be dealt with by the Registrar. The certificate granting leave shall be in Form No. 1 with such modification as may be necessary.6. The Registrar unless otherwise directed by the Court shall deal with the following matters relating to appeals to the Supreme Court:

(a) Service of Notices and other processes;

(b) Preparation and printing of paper-books; and

(c) All other matters which the Criminal Appellate Court may authorise him to deal with or dispose of.

  1. Immediately on the receipt from the Supreme Court the certified copies of the order as well as the petition of appeal and/or the affidavit, if any, the Registrar shall register the same in a Register to be kept for the purpose of Supreme Court Appeals. The Registrar shall also give Notice of the order to the respondent and require the parties to take all necessary steps to have the records of the case transmitted to the Supreme Court in accordance with the directions contained in the order.8.As soon as the Notice of appeal has been served on the respondent or respondents, the Registrar shall send a certificate as to the date or dates on which such Notice was served on the respondent or respondents to the Registrar of the Supreme Court. The certificate shall be in Form No. 2 with such modification as may be necessary. When such service canNot be effected, the Registrar shall send to the Registrar of the Supreme Court a certificate to that effect. Such certificate shall be in Form No. 3 with such modification as may be necessary.9. The Registrar shall arrange for the despatch of all available copies of printed records used for the purpose of High Court Appeal or other proceeding (excepting one copy thereof) to the Supreme Court along with the entire original records including records of the Court below. One of such copies shall be authenticated by the Registrar of the Court.10. The following original records may be either printed, cyclostyled or typed in the High Court unless otherwise directed by the Court or the Supreme Court and authenticated copies thereof shall be sent to the Supreme Court along with the printed records in the foregoing Rule 9 for the purpose of this rule, printed records include cyclostyled or typed or printed:

(i) judgment of the Criminal Appellate Court;

(ii) application for leave to appeal under section 411A(4) of the Code or for a certificate under Article 134(1)(c) of the Constitution, if any, and the order made thereon; and

(iii) any other document used in the High Court.

  1. If a minimum number of five copies of the said printed record is available, No fresh printing of the record shall be necessary unless otherwise directed by the Court except of such additional papers as may be required. For the purpose of this rule the original records shall Not include judgment of the High Court and Courts below, but only authenticated copies thereof.12.If two copies of the High Court paper-books are available for despatch to the Supreme Court, the same shall be treated as transcript record for the purpose of printing in the Supreme Court. In that event only such of the additional documents as the parties choose to include in the paper-book for the hearing of the appeal in the Supreme Court shall be typed in duplicate in this Court and transmitted to the Supreme Court along with the High Court paper-books, one copy of each of which shall be duly authenticated by the Registrar.13. The paper-book shall be arranged and, shall be printed (if directed) according to Supreme Court Rules, 1966, as amended from time to time. The number of the paper-books to be printed shall be ordinarily determined by the Registrar. Unless otherwise directed by the Court or the Supreme Court, at least 39 copies of the record shall be printed and 15 copies thereof shall be transmitted to the Registrar of the Supreme Court in cases where the appeal raises a question as to the interpretation of the Constitution., In other cases ten copies thereof shall be transmitted. Two copies shall be supplied to the Superintendent and Remembrancer of Legal Affairs, West Bengal. Other parties shall be entitled to obtain copies on payment of such costs as may be determined by the Registrar.14. Notices of the despatch of the transcript or printed record or other record proper to the Registrar of the Supreme Court shall be served by the Registrar on the appellant and the respondent or on their respective lawyers. After such service, the Registrar shall intimate to the Registrar of the Supreme Court by a certificate stating that the parties have been duly served with the Notices required by this rule.15. If the appellant fails to take necessary steps to have the record prepared and transmitted to the Supreme Court within the stated period and with due diligence, the Registrar shall report the default to the Registrar of the Supreme Court.16. As soon as the record becomes ready, the Registrar shall at the expense of the appellant despatch the same to the Registrar of the Supreme Court. Rule 12 of Chapter XXXIIIB shall be followed in this respect. In appeals involving sentence of death and in other cases in which the Supreme Court so directs, the records shall be sent at the expenses of the Court:17. In all cases involving a sentence of death, the printed record of this Court shall be made ready and shall be despatched to the Supreme Court including the records (required to be printed afresh for the Supreme Court Appeal) within a period of sixty days after the receipt of the intimation from the Registrar of the Supreme Court of the filing of the petition of appeal, or of the order granting special leave to appeal.18. Where the record is prepared under the supervision of the Registrar of the Court, the said Registrar shall, after service of the Notice, send to the Registrar of the Supreme Court a certificate as to the date or dates on which the Notice has been served in terms of rule 14 hereof.19. When an application under section 411 A(4) of the Code or under Article 134(1)(c) of the Constitution by an appellant who is in jail and who is Not represented by an Advocate acting on the Original Side or Advocate is granted such appellant shall Not be required to make any deposit or bear any costs.20. In appeals involving sentence of death and in such other cases in which the Supreme Court thinks fit to so direct the record shall be printed at the expense of the State.21. Upon receipt of the copy of the judgment, decree or order of the Supreme Court, the Registrar shall keep the same in a proper file kept with the Registrar as of record.22. The Forms to which reference is made in this Chapter are in Appendix NA.

CHAPTER XXXVIID

Rules for Appeals under section 476B of the Code of Criminal Procedure

This Chapter relates to appeals under Section 476B of the Code of Criminal Procedure

  1. All appeals under section 476B of the Code of Criminal Procedure from orders of the High Court exercising Original Criminal Jurisdiction and all applications in such appeals shall be heard by a Division Bench hearing appeals from appealable sentences of such Court, hereinafter called the Appellate Court.2.All appeals under section 476B of the Code of Criminal Procedure from orders of the High Court exercising Civil Jurisdiction (Not being Appellate Jurisdiction) and all applications in such appeals shall be heard by a Division Bench hearing appeals from appealable decrees of such Court, hereinafter called the Appellate Court.3. If for any reason the Appellate Court canNot hear the appeal, then the appeal shall be heard by such other Appellate Court as the Chief Justice may determine.4. An appeal under this section shall be preferred by petition in writing addressed to the Court and presented to the Registrar. Every such petition shall state, amongst others, the grounds on which the appeal is made and shall be accompanied by a duplicate copy of the petition and two copies each of the order passed under section 476 of the Criminal Procedure Code and of the complaint, if any. The petition of appeal may be presented either by the person aggrieved or by his Advocate acting on the Original Side.5. The Registrar shall keep a register in which he shall enter the petition of appeal.6. Upon presentation to the Registrar of the petition of appeal, he shall endorse upon it the date of its presentation and shall enter it with such date in the register, unless the appeal is barred by any law of limitation or is otherwise defective under the Codes of Civil or Criminal Procedure, as the case may be, or under the Rules herein.7. If the Registrar finds that an appeal is barred by limitation or is otherwise defective, he shall inForm in writing the person by whom the petition was presented, of its defect and shall forthwith place the same before the Appellate Court for orders and directions and such Appellate Court will make such order or direction as it thinks fit and proper.8. After the appeal is registered, the Registrar shall place the petition of appeal before the Appellate Court and such Court will thereafter fix a day for hearing of the application for admission of appeal, on which date such appeal will appear on the peremptory list. The Registrar will Notify the appellant of such date for hearing the application for admission of appeal.9. At the time of such admission of appeal, the Appellate Court shall persue the petition of appeal and if it considers that there is No sufficient ground for interfering with the order appealed from, it may dismiss such appeal summarily and for that purpose may call for or look into any relevant records of the case from which the appeal arises.10. If the Appellate Court admits the appeal then the Registrar, subject to any directions of the Appellate Court, shall send for the records, fix a provisional date for hearing, and shall cause Notices to be served on the appellant and the respondent intimating that the appeal will be heard and such Notices will be in the Form prescribed in the Schedule hereunto annexed.11. The Notices pursuant to the forgoing rule shall be served by such officer as the Registrar may in writing appoint for the purpose and a certificate of service by such officer shall be sufficient evidence of service, unless the Appellate Court shall otherwise direct.12. Upon receipt of the records, the Registrar shall have prepared four typewritten copies of the record of the proceedings, unless the Appellate Court otherwise directs. These typewritten copies will be treated as paper-books.13. The typewritten copies of the records prepared by the Registrar under the foregoing rule shall, unless otherwise ordered by the Appellate Court, contain the following:-

(i) the order appealed from,

(ii) the complaint, if any,

(iii) the petition of appeal,

(iv) order admitting the appeal,

(v) all other papers and documents or portions thereof as the Registrar may think necessary or as otherwise directed by the Appellate Court, and shall be duly indexed.

  1. The Registrar may hear the parties to the appeal for the purpose of determining what papers and documents are to be included in such typewritten paper-books.15.After the Notices mentioned in Rule 10 have been duly served on the appellant and the respondent and the typewritten copies of the paper-book are ready, the Registrar shall place the appeal in a Warning List to be maintained by him at his office and shall on every Saturday cause all appeals in the Warning List to be printed in the Cause List as being ready for hearing.16. No appeal, unless otherwise ordered by the Appellate Court, shall be placed in the Peremptory List, until the lapse of one week after it has first appeared in the Warning List.17. All applications in relation to an appeal shall be made to the Appellate Court upon two clear days’ Notice to the respondent or the appellant as the case may be. Notice of such intended application shall also be given to the Registrar who shall cause the same to be placed in the Peremptory List.18. The fees in all appeals herein, whether from Civil or Criminal Jurisdictions, shall be the same as those set forth in the Table of fees relating to Criminal matters in the Fourth Schedule under Rule 74 of Chapter 36 of the Original Side Rules.19. Unless otherwise directed by the Appellate Court or save as expressly or impliedly provided by the Rules herein, the procedure regulating appeals from orders of the High Court exercising Original Criminal Jurisdiction shall be governed by the Code of Criminal Procedure and the procedure regulating appeals from orders of the High Court exercising Civil Jurisdiction will, as far as possible, be regulated by the Code of Civil Procedure.20. In this Chapter the undermentioned expressions shall have the meaning as follows: –

(a) “Appeal” shall mean appeal under section 476B of the Code of Criminal Procedure.

(b) “Complaint” shall include the complaint of a single Judge of the High Court exercising original jurisdiction, whether Civil or Criminal.

(c) “Registrar” shall include the Deputy Registrar or an Assistant Registrar if so directed by the Registrar.

Schedule

Form of Notice

Appeal No. ……………of…………………………..

In The High Court At Calcutta

…………………….Appellant

versus

……………………….Respondent

I hereby give you Notice and forward a copy herewith of the order of the Appellate Court, dated the………………………….. day of……………………. . The appeal will be set down for hearing on the …………………… day of………………………………….. and will be heard so soon thereafter as the business of the Court will permit.

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CHAPTER XXXVIII-Miscellaneous Matters

CHAPTER XXXIXA - Rules relating to Computerisation of the Cause List of the Original Side

 

CHAPTER XL

General Rules

  1. Forms to be observed.– The Forms set forth in the appendices of Forms with such variations as the circumstances of each case may require shall be used for the respective purposes in these rules mentioned.2. Section 2, Code of Civil Procedure, and General Clauses Act, 1897, to apply.– The provisions of section 2 of the Code and of the General Clauses Act, 1897, shall apply to these rules.3. Present practice. – Where No other provision is made by the Code or by these rules the present procedure and practice shall remain in force.

Interpretation of Terms

  1. Definitions.– In these rules, unless there is anything repugnant in the subject or context:(1)“The Act” refers to the Act to which the Chapter or part of a Chapter relates in which the word occurs.(2) “Code” means the Code of Civil Procedure, 1908.(3) “Court” includes a Judge sitting in Court.(4) “Folio “ – The folio for all purposes shall consists of 90 words and 7 figures shall be counted as one word. In calculating the number of folios, the whole pleading or proceeding including the verification clause, if any, shall be reckoned as one document and in the case of copying charges all documents annexed or exhibited thereto shall be reckoned as part thereof. Part of a folio shall be reckoned as a folio.(5) “Judge” means a Judge sitting in Chambers.(6) “Master” means the Master of the High Court at Calcutta in its Original Jurisdiction.(7) “Originating summons” means every summons other than a summons in a pending suit or matter.(8) “Party” – Except as appears expressly or from the context to the contrary, the words “the party” or “the parties” shall mean the Advocate acting on the Original Side or Advocates acting on the Original Side for such party or parties where the party or parties is or are represented by an Advocate acting on the Original Side or Advocates acting on the Original Side.(9) “Proper officer” means an officer to be ascertained as follows:-Where any duty to be discharged under the Code or these rules is a duty which has heretofore been discharged by any officer, such officer shall continue to be the proper officer to discharge the same.Where any new duty is under the Code or these rules to be discharged, the proper officer to discharge the same shall be such officer as may from time to time be directed to discharge the same.(10) “Registrar” means the Registrar of the said Court in its Original Jurisdiction.(11) “Rule” refers to a rule of the Chapter in which the word occurs.(12) “Taxing Officer” means the Taxing Officer of the said Court in its Original Jurisdiction.5. Rules how to be cited. Date of coming into operation. – The rules in this and the preceding Chapters may be cited as “The Rules of the High Court, 1914” and they shall come into operation on the 15th day of April, 1914, and shall also apply, as far as may be practicable, to all proceedings taken on or after that day in all suits and matters then pending.6. Existing rules annulled. – The said rules shall stand in lieu of all existing rules of the High Court at Calcutta, Original Side, treating of matters contained in the aforesaid rules, and such existing rules are hereby annulled.

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APPENDICES

(Part I)

Forms and Certain Miscellaneous Matters

Appendix A

Form No. 1

[CHAPTER II, RULE 11]

Notice is hereby given that AB of No………………… in the town of Calcutta who was immediately before the 1 st day of January, 1977 under the articles of clerkship to Mr. CD of No………………….. Attorney at-Law (and who was immediately before the 1st day of January, 1977 under articles of clerkship by an assignment from the said Mr. CDto Mr. EF of No Attorney-at-Law) intends to present himself at the next Intermediate Final Examination to be held under the rules for examination of articled clerks of Attorneys for admission as Advocates on the State Roll.Dated this………………….. day of……………. 20……………

Form No. 2

[CHAPTER II, RULE 19]

In pursuance of the rules relating to the Intermediate Examination I do hereby certify that Shri………………………..has satisfactorily passed the Intermediate examination held on Dated the………………………. day of………………….. 20………….

Registrar

Form No. 3

[CHAPTER II, RULE 20]

In pursuance of the rules relating to the Final Examination I do hereby certify that Shri…………………………. has satisfactorily passed the Final examination held on…………………………for being admitted as an Advocate on the State Roll.Dated this…………………………… day of…………………. 20………………….

Registrar

Form No. 4

[CHAPTER II, RULE 21]

In The High Court At Calcutta Original Side

In the matter of …………………………….. an Attorney

I………………………………….. the Registrar of the High Court at Calcutta in its Original Side, do hereby certify that Shri……………… was admitted as an Attorney of this Court on the Dated this………………….. day of………………… 20…………………

Registrar

Appendix

Form No. 1

(CHAPTER VI, RULE 3)

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction (or as may be)

(Number and title of the suit, or title of the matter).

Form of summons for an order in Chambers. – Let all parties concerned attend before……………………….. in Chambers in the Court house, on the………………. day of……………………… 20…………………… at o’ clock in the foreNoon [if a short return is granted, add by special leave] on the hearing of an application on the part of (state on whose behalf the application is made* (*The full name, or title of hoNour, or corporate title, of the party on whose behalf the application is to be made, should be here stated, but if the application is made by a sole plaintiff or by all the plaintiffs, or by a sole defendant, or by all the defendants, the names need Not be set forth. The place of residence and description, or addition, of the applicant, should be stated, if he is Not shown to be a party to the suit or proceeding. Where the applicant is under disability. and the application is made by his next friend or guardian the full name of the next friend or guardian should be stated, and if Not made in a suit, his place of residence and description, or addition, should be shown). and the precise object of the application).Dated this………………………. day of………………………….. 20…………………….. This summons was taken out by A, attorney for the applicant. To (insert the names of the attorneys or persons to be served, e.g., Mr. CD., attorney for the plaintiff, or defendant, or petitioner, or respondent E.F.).To the plaintiff, or defendant, or petitioner, or respondent GH., or as may be. Grounds:-[Here insert a list of the materials relied on, e.g., affidavit of……………………… of………………………..]

Form No. 1A

[CHAPTER VI, RULE 15]

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

(or as may be)

Notice of appeal from Registrar or Master. – Take Notice that the abovenamed plaintiff (or defendant) intends to appeal against the decision of the Registrar (or Master) given on the……………………. day of……………………….. ordering (or refusing to order) that …………………….And further take Notice that you are required to attend before the Judge in Chambers at the Court-house on the………………… day of in the foreNoon, on the hearing of an application by the said plaintiff (or defendant) that (here state the order sought to be obtained). And further take Notice that it is the intention of the said to attend by Counsel (strike out if Not to be attended by Counsel). To, etc.

(Signed, etc.)

Form No. 2

[CHAPTER VIII, RULE 2]

Suit No. ……………………………. of 20

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaint presented 20 . Plaint admitted and filed.

Plaintiff.

Writ issued 20

Defendant

President of India

The defendant required by the Court to file written statement within days from the service upon of this writ.Writ of Summons for disposal of suits.

To

Greeting : Whereas you are hereby required to cause an appearance to be entered for you in the office of the Registrar of this Court within………………… days from the service upon you of this summons, exclusive of the day of such service; and are summoned to appear before this Court in person or by an advocate duly instructed by an attorney of the Court to answer the Plaintiff’s claim on the day the case is set down for hearing, upon which date you must be prepared to produce all your witnesses and all documents in your possession or power upon which you intend to rely in support of your case.

And you are hereby required to take Notice that in default of your causing an appearance to be so entered, the suit will be liable to be heard and determined in your absence.Witness (the name of the Chief Justice), Chief Justice at Calcutta aforesaid, the……………………. day of in the year Two Thousand and……………Attorney MasterAddress

Note 1.-An appearance in person or through attorney is to be entered in the office of the Registrar of this Court, on its Original Side, within the time limited. In default thereof, the suit will be liable to be heard ex parte.

Note 2.-The written statement called for must be filed within the time limited, the defendant having first entered an appearance. In default thereof, the suit will be liable to be heard ex parte.

Note 3.-An officer or soldier who canNot obtain leave of absence, may (under the provisions of Order XXVIII, Rule 1, Act V of 1908) authorise any person to appear for him.

Note 4.-This writ shall be served as soon as practicable and shall be returned immediately after service thereof. This writ (unless the time for its return shall have been extended) is returnable by the Sheriff to the office of the Registrar Not later than…………………. the………………. day of next and shall be served Not later than three weeks before the date abovenamed.

Note 5.-Should you apprehend your witnesses will Not attend of their own accord, you can have subpoena from this Court to compel the attendance of any witness and the production of any document that you have a right to call upon the witness to produce, on applying to the Court at any time before the trial, and on payment to them of the fees and expenses prescribed by the Rules of this Court.

Note 6.-If you admit the demand you should pay the money into Court with the costs of the suit to avoid execution of the decree which may be against your person or property, or both, if necessary.

Form No. 3

Writ of Summons under Order XXXVII C.P.C.

Suit No………………….. of 20………….

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff.

Defendant.

Plaint presented…………. 20Plaint filed…………….. 20Summons issued…………… 20President of the Union of IndiaGreeting :

To the abovenamed Defendant

Whereas………….. has instituted a suit against you under order XXXVII of the Code of Civil Procedure, 1908 for Rs………… and interest, you are hereby summoned to cause an appearance to be entered for you, within ten days from the service hereof, in default whereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum Not exceeding the sum of Rs…………. and for costs, together with such interest, if any, as the Court may order. If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summon for judgment at the hearing of which you will be entitled to move the Court for leave to defend the suit. Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defence to the suit on the merits or that it is reasonable that you should be allowed to defend.WITNESS SHRIChief Justice at Calcutta aforesaid the…………. day of……….. one Thousand Nine Hundred and…………Advocate on Record,Address.

Registrar

Note : This writ shall be served as soon as practicable and shall be returned immediately after service thereof. This writ (unless the time for its return shall have been extended) is returnable by the Sheriff to the Office of the Registrar Not later than the…………. day of…………….. next and shall be served Not later than three weeks before the date abovenamed.

Form No. 4

[CHAPTER VIII, RULE 15]

Suit No………. of 20…….

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff.

Defendant.

Memo. of appearance through attorney

ToThe Registrar,Please enter an appearance, for the defendant (name of defendant) to the plaint in the above suit.Dated the………… day of……….. 20…….

(Signature of Attorney)

Place of business of Attorney…………

Form No. 5

(CHAPTER VIII, RULE 15)

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction

Plaintiff.

Defendant.

Memo. of appearance in person

ToThe Registrar,Please enter an appearance, for me (name of defendant) as defendant, to the plaint in the above suit.Dated the…………… day of……….. 20……

(Signature of Defendant)

Place of residence of defendant…………

Appendix C

Form No. 1

[CHAPTER XI, RULE 1]

Summons for interrogatories

Let the plaintiff (or defendant) attend before the Registrar (or Master as the case may be) in Chambers at the Court-house on……… the………. day of………. 20………… , at……… o’clock in the foreNoon, on the hearing of an application on the part of the defendant (or plaintiff) that the be at liberty to deliver to the interrogatories in writing and that the said………. do within ten days answer the questions in writing, by affidavit.

Form No. 2

[CHAPTER XI, RULE 8, O. XI, R. 11, C.P.C.]

Summons for order to answer interrogatories

[Formal parts, see Form No. 1] on the part of the plaintiff (or as may be) that the defendant (or as may be) may be ordered within………… days after service to make and file a full and sufficient affidavit in answer to the interrogatories (or to the interrogatories numbered………….. of the interrogatories) delivered by the plaintiff (or as may be) and that the said defendant (or as may be) may be ordered to pay the costs of this application.

Form No. 3

[CHAPTER XI, RULE 8, ORDER XI, RULE 11, C.P.C.]

Summons to consider sufficiency of answer, and for order to answer further

[Formal parts, see Form No. 1] on the part of the plaintiff (or as may be) to consider the sufficiency of the answer of the defendant…………. (or as may be), filed the………… day of…………. 20………… to the interrogatories numbered………… of the interrogatories delivered by the plaintiff (or as may be) for the examination of the said defendant (or as may be), and that the said defendant (or as may be) may be ordered, within days after service to make and file a full and sufficient affidavit in further answer to the said interrogatories numbered And that the said defendant (or as may be) may be ordered to pay the costs of this application.

Form No. 4

[CHAPTER XI, RULE 8, ORDER XI, RULE 11, C.P.C.]

Summons for order to answer Notwithstanding objection

[Formal parts, see Form No. 1] on the part of the plaintiff (or as may be) that, Notwithstanding the objections raised by the defendant………. (or as may be), by his affidavit, filed the………. day of………… 20 , to answer the interrogatories numbered………….. of the interrogatories delivered by the plaintiff (or as may be) for the examination of the said defendant (or as may be), the said defendant (or as may be) may be ordered, within………. days after service, to make and file a full and sufficient affidavit in answer to the said interrogatories; and that the said defendant (or as may be) may be ordered to pay the costs of this application.

Form No. 5

[CHAPTER XI, RULE 8, ORDER XI, RULE 12, C.P.C.]

Summons for an affidavit as to the possession of documents

[Formal parts, see Form No. 1] on the part of the plaintiff (or defendant) that, the defendant (or plaintiff) may be ordered, within (four) days after service, to make and file a full and sufficient affidavit.(Or if against a corporation or a company, say to file a full and sufficient affidavit to be made by their Director, Secretary, or other principal officer) stating whether he has, or has had, in his possession or power any, and if any, what documents relating to the matters in question in this suit and accounting for the same.

Form No. 6

(CHAPTER XI, RULE 8, ORDER XI, RULES 14 AND 18, C.P.C.)

Summons for production of documents, and for leave to inspect same out of Court

[Formal parts, see Form No. 1] on the part of the plaintiff (or defendant) that the defendant (or plaintiff) may be ordered at all reasonable times, upon reasonable Notice, to produce at (state where) the following documents namely. And that the applicant, his attorneys and agents, may be at liberty to inspect and persue the documents so produced, and to take copies and abstracts thereof, and extracts therefrom, as the applicant shall be advised.

Form No. 7

[CHAPTER XI, RULE 8, ORDER XI, RULES 13, C.P.C.]

Summons to consider the sufficiency of an affidavit as to documents

[Formal parts, see Form No. 1] on the part of the plaintiff (or defendant) to consider the sufficiency of the affidavit of the defendant (or plaintiff) A.B. filed on the…………. day of………….. 20……… as to the possession of documents, pursuant to the order, dated the day of………… 20…………. and that the said defendant (or plaintiff) may be ordered to pay the costs of this application.

Form No. 8

(CHAPTER XI, RULE 8, ORDER XI, RULES 19(3), C.P.C.)

Summons for further affidavit as to particular documents

[Formal parts, see Form No. 1] on the part of the plaintiff (or as may be), that the defendant…………. (or as may be) may be ordered, within………… days after service, to make and file a full and sufficient affidavit, stating whether he has, or has had, in his possession or power any, and (if any) which of the following documents relating to the matters in question in this suit, and accounting for the same, that is to say (Here describe, as precisely as possible, the document as to which discovery is sought).

Appendix D

Form No. 1

[CHAPTER XIII, RULE 13]

Suit No………. of 20…………

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

(or state jurisdiction)

Court No………….

Originating summons

[If the question to be determined arises in the administration of an Estate or a trust, entitle it also in the matter of the Estate or trust : and, if the application is made under any particular Act entitle it also in the matter of the Act and of the section of the Act under which the application is made].Between A. B.

Plaintiff

and

Defendant.

C.D .Let……………………… of…………….. within eight days after service of this summons on him inclusive of the day of such service, cause an appearance to be entered for him to this summons, which is issued upon the application of…………. was claims to be (state the nature of the claim), for determination of the following questions : (State the questions).Dated the…………..

Registrar

This summons was taken out by…………… attorney for the above named…………. The defendant may appear hereto by entering appearance, either personally or by attorney, at the office of the Registrar, Original Side.If the defendant does Not enter appearance within the time and at the place above mentioned, such order will be made and proceedings taken as the Judge may think just and expedient.

Form No. 2

[CHAPTER XIII, RULE 16B]

Notice of appointment to hear Originating Summons

Title, etc., as in Form No. 1.

To (insert the name of the defendant or respondent)Take Notice that you are required to attend at the Chambers of Mr. Justice………… at the High Court on……… the day of………… 20……….. at………… o’clock in the………. Noon, for the hearing of the Originating Summons issued herein on the day of……….. 20……… and that if you do Not attend in person or by attorney at the time and place mentioned, such order will be made and proceedings taken as th Judge may think just and expedient.

(Signed)

Attorney for the Plaintiff (or Appellant). [See Note to Rule 13 of Chapter XIII, supra]

Appendix E

Form No. 1

[CHAPTER XVII, RULE 10]

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Application for execution under Order XXI, Rules 11(2) of the Code

1 Number of Suit.
2 Name of the parties.
(Where attorney against client, write: Attorney vs. client)
3 The date of the Decree (or Order).
4 Whether any appeal has been preferred from the Decree (or Order)
5 Whether any and what adjustment of the matter in dispute has been made between the parties subsequently to the Decree (or Order).
6 1. The Date and nature of any writ issued before of after judgment.
2.Whether any and what previous application has been made for execution of the decree (or Order) and with what result.
7 The amount of Debt o Compensation with the interest, if any, due upon the Decree (or Order) or other relief granted therby.
8 The amount of costs, if any, awarded.
9 The name of the person against whom enforcement of the Decree (or Order) is sought
10 The mode in which the assistance of the Court is required.

(Signature)

I,……………. the abovenamed……………,do declare that what is stated in column (……………..) is true to my own kNowledge and what is stated in column (……………) believe to be true and that the description of the property in the schedule hereto and the specification of the judgment-debtor’s share or interest therein is true to my own knowledge (or is stated on information and belief and I believe the same to be true, as the case may be).

(Signature of Judgment-creditor)

Sworn (or solemnly affirmed) at Calcutta this……… day of……… 20……….Before me. Commissioner(Where attachment and sale of immovable property is sought):-

Schedule

(Description and specification of property)

I………….. declare that what is stated in the above description is true to the best of my kNowledge and belief and so far as I have been able to ascertain the interest of the defendant in the property therein specified.

(Signature of Judgment-creditor)

Form No. 2

[CHAPTER XVII, RULE 11]

Suit No………… of 20……..

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff.

Versus

Defendant.

Notice under Section 145 of the Code

ToTake Notice that you are hereby required under section 145 of the Code of Civil Procedure to appear in person or by advocate or attorney of this Court before the……………… in Chambers on the day of………….. at………… o’clock in the foreNoon, to show cause (if any you have, but Not otherwise) why the decree passed (or order made) against……….. on the……….. day of………….. in the above suit should Not be executed against you as surety for the said defendant.Dated this…………… day of……….. 20…….Attorney for……………….. Registrar.

Form No. 3

[CHAPTER XVII, RULE 111

Suit No…………. of 20……………

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff.

Versus

Defendant.

Notice under order XXI, Rule 2 of the Code

ToTake Notice that you are hereby required under rule 2 of Order XXI of the Code of Civil Procedure to appear in person or by advocate or attorney of this Court before the…………. in Chambers on the day of………….. at………… o’clock in the foreNoon, to show cause (if any you have, but Not otherwise) why the payment to you by the judgment-debtor of the sum of Rupees……….. on the………. day of………….. should Not be recorded and certified in the Register of the abovenamed suit.Dated this……….. day of……….. 20…………Attorney for Registrar.

Form No. 4

[CHAPTER XVII, RULE 11]

Suit No………… of 20………

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff.

Versus

Defendant.

Notice under order XXI, Rule 16 of the Code

ToTake Notice that you are hereby required under rule 16 of Order XXI of the Code of Civil Procedure to appear in person or by advocate or attorney of this Court before the………….. in Chambers on the………. day of………. 20………. at……….. o’clock in the foreNoon, to show cause (if any you have, but Not otherwise) why the decree ‘passed or order made in the above suit on the………. day of……………. in favour of………….. and by……….. transferred to………………. should Not be executed by the said transferee against you the said…………Dated this……….. day of…………. 20….Advocate acting on the Original Side for                                                                                                                                                         Registrar.

Form No.5

[CHAPTER XVII, RULE 11]

Suit No………. of 20……

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff.

Versus

Defendant.

Notice under order XXI, Rule 22 of the Code

ToThe……….. above named……………..Take Notice that you are hereby required under rule 22 of Order XXI of the Code of Civil Procedure to appear in person or by advocate or Advocate acting on the Original Side of this Court before the…….. in Chambers on the………….. day of……………. 20….. at o’clock in the foreNoon, to show cause why the decree proNounced against you on the day of in the above suit should Not be executed against you.Dated this………….. day of……….. 20……Advocate acting on the Original Side for                                                                                                                                                        Registrar.

Form No 5

[CHAPTER XVII, RULE 11]

Suit No……….. of……… 20…..

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff.

Versus

Defendant.

Notice under order XXI, Rule 34(2) of the Code

ToThe……….. above named………………Take Notice that you are hereby required under rule 34(2) of Order XXI of the Code of Civil Procedure to state your objections in writing, if any you have, to the accompanying draft conveyance, and to file the same in my office on or before the…….. day of…….. 20…., and in such event to appear in person or by Advocate or Advocate acting on the Original Side of this Court before the……. in Chambers on the…….. day of……… 20……, at…….. o’clock in the foreNoon to support the same.Dated this………… day of………… 20……….Advocate acting on the Original Side for                                                                                                                                                        Registrar.

Form No. 7

[CHAPTER XVII., RULE 11]

Suit No……….. of 20……….

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff

Versus

Defendant.

Notice under Order XXI, Rule 37 of the Code

ToThe………….. above named…………..Take Notice that you are hereby required under rule 37 of Order XXI of the Code of Civil Procedure to appear in person before……… in Chambers on the………. day of……… 20……, at…………. o’clock in the foreNoon, to show cause why you should Not be committed to Jail in execution of the decree proNounced against you on the………… day of………. 20……. in the above suit.Dated this………… day of………… 20…..Advocate acting on the Original Side for                                                                                                                                                        Registrar.

Form No. 8

[CHAPTER XVII, RULE 29]

Suit No……… of 20……..

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Notice of application for sale made one year after attachment

To

the Defendant above named and

ToWhereas the plaintiff has applied for sale of the property attached in execution of the decree of this Court made and proNounced in this suit on the…………. day of Two thousand………….. you are hereby required, being served with this Notice, on or before the…….. day of………. to appear before the………… in Chambers on the……….. day of………. at………. o’clock in the orNoon to show cause why the said property should Not be sold in execution of the said decree/order.Dated this……… day of……….. 20………Advocate acting on the Original Side for                                                                                                                                                        Registrar.

Form No. 9

[CHAPTER XVIII, RULE 1]

Suit No…………. of 20……..

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff

Versus

Defendant

Garnishee Notice

ToTake Notice that you are hereby required on or before the……… day of 20……….. to pay to the Sheriff of Calcutta the sum of Rupees* Particular to be stated in the margin of the Notice…………. out of the moneys attached in your hands by order dated………… day of……… 20…….. , or otherwise to appear in person or by advocate or Advocate acting on the Original Side of this Court before the sitting Judge in Chambers at 11 o’clock in the foreNoon on the day aforesaid and show cause to the contrary in default whereof an order for payment may be passed against you.Dated this………… day of…………. 20……Advocate acting on the Original Side for                                                                                                                                                        Registrar.

Appendix E 1

Form No. 1

[CHAPTER XXA, RULE 1]

In The High Court At Calcutta

Ordinary Original Civil

…………..Jurisdiction

In the Matter of: An application

And

(Name & Occupation) Caveator

ToThe Registrar,Sir,Let Nothing be done in respect of the application, particulars of which are given below without due Notice to the abovenamed Caveator.Dated this………… day of……… 20…..

Yours faithfully,

  1. Name of the Caveator in full.2. Address of the Caveator.3. In case the Caveator resides outside the jurisdiction of this Court address of the Caveator for service of Notice within the jurisdiction of this Court.4. Name of the applicant in respect of the application against which Caveat is lodged.5. Address of such applicant.6. Number of the suit/ proceeding and the Cause Title thereof, if instituted.7. Name and address of the intended parties to the suit. Caveator is aware if the suit/proceeding has Not been instituted.8. Nature of the proceeding.

Appendix E4

Form No. 2

[CHAPTER XXA, RULE 51]

In The High Court At Calcutta

Ordinary Original Civil

……………Jurisdiction

vs
………………..

ToPlease take Notice under sub-section (3) of section 148A of the Code of Civil Procedure that an application has been filed in this Court by……….. of No. ………… in the above suit/matter praying inter alia for an Order for………….Dated this……….. day of……….. 20…….

Registrar.

Appendix F

Form No. 1

[CHAPTER XXI, RULE 7]

Order appointing Receiver

It is ordered that……………………… be and he is hereby appointed the Receiver of the moveable property and of he rents, issues and profits of the immoveable property belonging to the estate of A . B the intestate in the pleadings in this suit named, with power to get in and collect the outstanding debts and claims due to the estate of the said intestate and with all the powers provided for in Order XL, rule 1(d) of the Civil Procedure Code, except that he shall Not, without leave of the Court (1) grant leases for a term exceeding three years, or (2) bring suits except suits for rent or rejectment where the rents are in arrears for more than two months, or (3) institute an appeal in any Court (except from a decree in a rent suit or ejectment suit) where the value of the appeal is over Rs. 1,000, or (4) expend on the repairs of any property, in any period of two years, more than half of the net annual rental of the property to be repaired, such net annual rental being calculated at the amount at which the property to be repaired would let when in a fair state of repair less outgoings in respect of municipal taxes either owner’s or occupier’s share or both shares, revenue cess, ground or other rents and proportionate collection charges, if any, payable in respect of the property. And it is further ordered that the said Receiver shall have power to expend on the repair of any property of such nature as would Not ordinarily be let, such amount as may be decided on at a meeting convened in his office after service of Notice to the parties, if appearing in person, or their attorneys, as the case may be, and, in the event of there being any disagreement between the said Receiver and the parties or their attorneys or any of them, the said Receiver shall be entitled to apply before the Judge for directions on Notice to the parties. the costs of such application being in the discretion of the Judge. And it is further ordered that the defendants and all persons claiming under them dc deliver up quiet possession of the said property, moveable and immoveable, of the said intestate together with all leases, agreements for lease, kabuliats, accounts, books, papers, memoranda and writings relating thereto to the said Receiver. And it is further orderedthat the said Receiver do take possession of the s aid property, moveable and immoveable, and collect the rents, issues and profits of the said immoveable property and that the tenants and occupiers thereof do attorn and pay their rents in arrears and growing rents to the said Receiver. And it is further ordered that the said Receiver shall have power to bring and defend suits in his own name and shall have power to use the names of the plaintiffs and defendants who are to be indemnified out of the estate and effects of the said intestate. And it is further ordered that the receipt or receipts of the said Receiver shall be a sufficient discharge for all such sum or sums of money or property as shall be paid or delivered to him as such Receiver as aforesaid. And it is further ordered (where an additional office establishment is required) that the said Receiver shall be allowed to charge to the estate in addition to his own office establishment the following further establishment, namely,-

Form No. 2

[CHAPTER XXI, RULE 17]

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff

Vs.

Defendant.

I…………………………, of……………………… the Receiver appointed in this suit, make oath (or solemn affirmation) and say as follows:-1. The account hereto annexed and marked with the letter “A” is my account of the rents and profits of the immoveable property and of the outstanding assets of the testator (or intestate) in this suit from the…………. day of……….. 20………., to the day of………… 20…….., both inclusive, and contains a true account of all and every sum of money received by me or by any other person or persons by my order or, to my kNowledge or belief, for my use on account, or in respect of the said rents and profits accrued due on or before the said………. day of…………. or an account or in respect of the said assets, except what is included as received in my Former account (or accounts) sworn (or affirmed) by me.2. The several sums of money mentioned in the said account, hereby verified to have been paid and allowed, have been actually and truly so paid and allowed for the several purposes in the said account mentioned.3. The said account is just and true in all and every items and particulars therein contained, according to the best of my kNowledge and belief.4. W.X. and Y.Z………, the sureties named in the bond given by me, dated the……… of……….. 20 , are both alive and neither of them has become insolvent.

(Usual Jurat)

Form No. 3

[CHAPTER XXI RULE 4]

Security Bond by Receiver and a Guarantee Society

Suit No……………. of………..

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

………………….

Vs.

………………….

Precedent for Form of Bond

KNow all men by these presents that I/We (name of the Receiver/ Receivers and his or their description and address) hereinafter called the Receiver/Receivers and we (fill in name and address of Guarantee Society or Company) carrying on business in Calcutta at (place of business) through (name of the Guarantee Society’s Agents) (hereinafter called the Society or Company) are jointly and severally held and firmly bound unto (name of the Registrar) Registrar of the High Court at Calcutta in its Ordinary Original Civil Jurisdiction his successor or successors in office and assigns in the sum of Rs…….. to be paid to the said (name of the Registrar, Original Side) hereinafter called the Registrar his successor or successors in office or assigns as the case may be for which payment will and truly to be made I/We the Receiver/Receivers for myself (ourselves), my (our) heirs, executors, administrators and representatives and every of them and We the Society/Company for ourselves and our successors do bind and oblige ourselves for the whole firmly by these presents and We the Society/Company do hereby submit ourselves to the jurisdiction of the said High Court and appoint (place of business of the Society/ Company or is Agents) aforesaid as the address for service of all writs, proceedings or Notices that may be issued, taken or given with reference to the condition of this Bond or with respect to the liability of the said Receiver/Receivers thereunder. Whereas by an order dated the…………… day of……… and made by the said High Court in Suit No…….. of……… wherein is/are Plaintiff/ Plaintiffs and the defendant/ defendants it was ordered that the Receiver/Receivers should be appointed Receiver/Receivers of (description of property, etc.) and he/they was/were thereby directed to give security for Rs………. to be approved by the s sicl Registrar And Whereas the Registrar has under the rules of the said High Court accepted the Society/Company as Surety for the said Receiver/ Receivers.Now the conditions of the above written Bond or obligation are such that hove bounden Receiver/Receivers or his/or their executors or administrators or some or one of them do and shall duly account for all sums of money or other property which the Receiver/Receivers has (have) shall receive or has or (have) or shall become liable to pay or account for as such Receiver/Receivers as aforesaid including as well all sums of money or other property which the Receiver/ Receivers shall receive or become liable to pay or account for or in respect of the period for which the Receiver/Receivers has/have been appointed such Receiver/Receivers as aforesaid as also in respect of any appointment for any extended or further period during which the said Receiver/Receivers may be continued or appointed such Receiver/Receivers either under the said order in the same action at such period and in such manner as the Court or Judge shall appoint and do and shall pay or deliver the same as the Court or Judge has directed or shall hereafter direct and shall give immediate Notice to the Court if the Society/Company shall become insolvent or go into liquidation then the above written Bond or obligation shall be void otherwise the same shall subject to the provisions hereinafter contained be and remain in full force and virtue : Provided always that if the Receiver/Receivers shall Not for every successive term of twelve calendar months to be computed from…………. the day of…… within fifteen days after the………. day of………. in each and every year pay or cause to be paid at the office of the Society/Company the annual premium or sum of Rs then the Society/Company shall at any time after such default in payment be at liberty to apply by summons in Chambers to be relieved from all further liability as such sureties as aforesaid and such summons having been served upon such persons as the Judge shall direct and being finally heard all further liability of the Society/Company as such sureties as aforesaid shall from and after the final hearing of such summons or from and after such other time as the Judge shall direct cease and determine save and except in respect of any loss or damage occasioned by any act or default of the Receiver/Receivers in relation to his/ their duties as such Receiver/ Receivers as aforesaid previously to such cesser and determination of liability : Provided always and it is further agreed between the Receiver/Receivers and the Society/Company that the Receiver/ Receivers shall and will on being discharged from his/ their office or ceasing to act as such Receiver/ Receivers as aforesaid forthwith give Notice thereof in writing and also furnish to the Society /Company free of charge an office copy of the order of the Court or Judge discharging him Receiver/Receivers from his/their office as such Receiver/Receivers as aforesaid. And further that he/ they the Receiver/Receivers, his/their heirs, executors and administrators shall and will from time to time and at all times save and defend and keep harmless the Society/Company and their Successors and the property and funds of the Society/Company from and against all loss and damage, costs and expenses which the Society/Company or the funds or property thereof shall or may or otherwise might at any time sustain or be put unto for or by reason or in consequence of the Society/Company having entered into the above written Bond for and at the request of the said.In Witness whereof the said Receiver/Receivers has/have hereunto set his/ their hand /s and seals and the Society/Company have hereunto caused their common seal to be affixed in the presence of………. the day and year first above written.

Signed, Sealed and delivered by the said in the presence of

The Seal of the Society/Company was hereunto affixed in the presence of…………………..

Or

Signed on behalf of the Company.

Appendix G

Form No. 1

[CHAPTER XXII, RULE 1]

Order for commission to examine witness

It is ordered that a commission do issue out of and under the seal of this Court directed to a person therein named authorizing him to swear or affirm and examine viva voce at (1)………. and (2) and such other person or persons as shall be produced before him as witnesses on behalf of the (plaintiff or defendant). And it is further ordered that the parties to this suit do appear before the said Commissioner in person or by their agents or pleaders and that the said commission be made returnable on or before the…………. day of…………. and that the evidence to be taken thereunder be read and used at the hearing of this suit saving all just exceptions as to the admissibility thereof and let the consideration of the question of costs of and incidental to this application and of issuing and executing the said commission and of the return thereof be reserved until the final disposal of this suit or until further order of this Court.

Form No. 2

[CHAPTER XXII, RULE 1]

Suit No………. of 20…………..

The President of India.

Writ of commission

ToThe Commissioner on behalf of the……….. hereinafter named, GREETING : kNow be, that we in confidence of your prudence and fidelity, have appointed you, and by these presents do give unto you full power and authority, to swear or affirm and diligently, to examine viva voce…………. as shall be produced before you as………. witness……………… on behalf of the said……… in a certain Suit No………. of……… Now pending in our High Court at Calcutta [wherein………. ] and we further command you that you do at certain days and places to be appointed by you for that purpose of which reasonable Notice shall be given to all parties cause the said witness to come before you and then and there examine and cross-examine such witness either upon oath or solemn affirmation, which we hereby give you full power and authority to administer to such witness in the Form firstly specified at the foot hereof; and that you do take such…………. examination and reduce the same into writing on parchment or paper; and when you shall have so taken the same you are to send the same (returnable date as given in the order for the issue of this commission) to the address of the Registrar of our said High Court at Calcutta in its Original Jurisdiction, closed up under your seal, together with such documents as shall be spoken to and marked as exhibits and this writ.And we further empower you to appoint (if necessary) a competent interpreter to interpret such of the proceedings under this commission as you may deem necessary to have interpreted from or into the English language. And we further command you that the interpreter employed in interpreting the depositions of the said witness to be examined by virtue of these presents shall, before he be permitted to act as such interpreter as aforesaid, take the oath or affirmation lastly specified at the foot hereof which we hereby give you full power and authority to administer to such interpreter. And we do lastly order that the parties to this suit do appear before you in person or by their agents or pleaders. Witness (name of the Chief Justice) Chief Justice at Calcutta aforesaid, the………….. day of………… in the year of Two thousand and………….Advocate acting on the Original Side.Advocate acting on the Original Side. RegistrarThe execution of this commission appears by a certain schedule hereunto annexed.

Commissioner

Note 1 : The Commissioner shall Not be bound to execute this commission unless such a sum as……… shall think reasonable be deposited with………….. for the expenses of executing the same, and also of summoning the witnesses and defraying their travelling and other expenses.

Note 2 : After the deposition of any witness shall have been taken down, and before it is signed by him, it shall be distinctly read over, and, where necessary, translated to the witness in order that mistakes or omissions may be rectified or supplied. The deposition shall be signed by the witness and left with the Commissioner who shall subscribe his name and date of the examination.

Form of the oath or affirmation to be administered to the witnessYou swear (or solemnly affirm in the presence of Almighty God) that the evidence which you shall give in this case shall be true, that you will conceal Nothing, and that No part of your evidence shall be false.

So help you god

Form of the oath or affirmation to be administered to the interpreterYou swear (or solemnly affirm in the presence of Almighty God)that you understand and speak the………… and English languages, and that you will well and truly and faithfully interpret, translate and explain to the witness to be produced before the Commissioner, all questions and answers and all such matters as the Commissioner may require you to interpret, translate and explain.

So help you God.

Note : The words “So help you God” are to be omitted when an affirmation is administered.

Appendix H

Form No 1

[CHAPTER XXIII, RULE IA]

Suit No……… of 20……

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Plaintiff.

versus

Defendant.

Notice of submission of award

Take Notice that the award of the Arbitrator appointed in this suit under an order of Court, dated the……… day of 20…….., has this day been filed and that the Court will proceed to pass judgment on such award on………… the………. day of…….. Dated this……. day of……… 20…….

Registrar.

Appendix H1

Form No. 1

[REQUISITION UNDER CHAPTER XXIV, RULE 43(1)]

Suit No………. of 20……….

In The High Court At Calcutta

Ordinary a Original Civil Jurisdiction

…………

versus

…………

ToThe Registrar,High Court, Original Side.Sir,Please receive the amount(s) specified below under rule 43(1) of Chapter XXIV of the Rules and Orders and place the same to the credit of the above suit.Appearance entered in person/through Mr. /Messrs………… on………..

Details of amounts. Rs.
(a) In satisfaction in full of the plaintiff’s Claim
(b) In satisfaction in full of the cause (s) of action relating …………….
(c) On account of commission
…………….
Total

The defendant admits/denies* Strike out words Not required liability in respect of……..

Yours faithfully,

Signature of the defendant………………

Signature of the defendant’s attorney(s)……..

Dated Calcutta,The………

Form No. 2

[NOTICE UNDER CHAPTER XXIV, RULE 43(2)]

Suit No……… of 20……..

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

……………

versus

……………

ToTake Notice that the defendant has on the……… day of………. 20……… deposited with the Registrar Rs and says that the sum is sufficient to satisfy the plaintiff’s claim in full (in respect of the cause/causes of action relating to……………..) and admits (denies) liability in respect of………….

……………

Registrar

Form No. 3

[NOTICE UNDER CHAPTER XXIV, RULE 44/45]

Suit No……… of 20………..

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

………..

versus

………..

ToTake Notice that the plaintiff accepts the amount (amounts) specified below deposited by you with the Registrar in full (part) satisfaction of his claim (causes of action relating to………..) and abandons his other claim in the suit [shall prosecute this suit for the balance of his claim (claims)] and that he will on the……… day of……….. apply by requisition in writing to the Registrar for payment to him of………… the said amount (amounts) so deposited by you with him.

Plaintiff in person/Advocate(s) acting on the Original Side for the plaintiff.

Dated Calcutta,The………

Details of amount

(a) Rs……….. deposited in satisfaction in full of the claim is accepted by the plaintiff in full (part) satisfaction.

(b) Rs……….. deposited in satisfaction in full of the cause (causes) of action relating to is accepted by the plaintiff in full (part) satisfaction.

Form No. 4

[REQUISITION UNDER CHAPTER XXIV, RULE 44/45]

Suit No………. of 20………

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

………….

versus

………….

ToThe Registrar, High Court,Original Side.Sir,Please pay the amount(s) specified below and deposited with you by the defendant under Chapter XXIV, Rule 43(1) of the Rules and Orders with admission/denial of liability and lying in your hands to me (to my Advocate acting on the Original Side/Advocates acting on the Original Side, Mr./Messrs ). The consent of the defendant [Advocate(s) acting on the Original Side for the defendant] is endorsed hereon. (Notice under Chapter XXIV, Rule 44/45 of the Rules and Orders has been duly served on the defendant as would appear from the affidavit of service of the said Notice filed herewith.) The certificate under the said Rule 44/45 is herewith filed.

Yours faithfully,

Plaintiff’s Signature/Plaintiff’s Advocate’s acting on the Original Side Signature.

Details of amount

(a) Rs…………. deposited in satisfaction in full of the claim and acceptedby the plaintiff in full (part) satisfaction.

(b) Rs………. deposited in satisfaction in full of the cause (causes) of action relating to and accepted by the plaintiff in full (part) satisfaction.

(Strike out words Not required)

Form No. 5

[LODGMENT SCHEDULE UNDER CHAPTER XXIV, RULE 39B]

Suit No……….. of 20……….

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

…………

versus

…………

Date of order/ Amount Registrar’s Commission Party on whose behalf decree and the purpose for which, the payment is made Remarks

Dated………..

Issue Challan

(Signature of the party)

Time for payment…………

Signature of the party’s Advocate(s)acting on the Original Side ……………….

(Signature)

Registrar.

The number and date of the Challan issued…………

……………………..

(Signature)

Accountant

(Strike out words Not required)

Form No. 6

Number of the Challan

[CHALLAN UNDER CHAPTER XXIV, RULE 39C]

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Ledger Volume………….

(in triplicate)

Folio No……………To The Reserve Bank of India,Calcutta

Dated, Calcutta, the………. 20……

Please receive the amount of Rs………… as specified below and credit the same in the account of the Registrar, High Court, Original Side, Calcutta, if the payment is offered to be made within the……. day of……….. 20………..

Suit No. with Cause Title Deposited under order/ decree or under rules Directed by the order/ decree or under rules Registrar’s Commission Party on whose behalf and the purpose for which the payment is made
Total

Rupees (in words)…………RegistrarDate………….Accountant.Received the amount of Rs……….. on……… day of…….. 20…….Date :

Signature

For Reserve Bank of India, Calcutta.

Form No. 7

[REQUISITION UNDER CHAPTER XXIV, RULE 42A1

Suit No……… of 20…….

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction Full Cause title to be set out

…………….

Versus

……………

ToThe Registrar, High Court, Original SideSir,Please receive the amount(s) specified below under Rule 42A of Chapter XXIV of the Rules and Orders and place the same to the credit of the Suit:

(Particulars)

(i) Particulars of the premises with description thereof sufficient for identifying the premises (e.g., Number of premises, name of street, police-station, etc.)………………….

(ii) Period for which rent is deposited………….

(iii) Amount of rent deposited………………….

(iv) Name and address of the landlord or the person or persons claiming to be entitled to such rent…………….

(v) Date of service of the Writ on the Defendant making the deposit……………

(To be filled in for subsequent deposit only.)

(vi) The period for which rent was last deposited.)

(vii) Number and date of receipt under which the above deposit was made…………..

I state that all particulars mentioned above by me are true and correct.

Yours faithfully

Signature of the Tenant Defendant………..

Signature of the Defendant’s Advocate

acting on the Original Side………..

Dated Calcutta, the………….

Form No. 8

Lodgment Schedule under Chapter XXIV, Rule 13A

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

No……….. of 20………..

Suit/Matter

…………….

Vs. and

…………….

Date of Decree/ Order Amount in figures and words Party on whose behalf and the purpose for which the payment is made. Remarks

Issue Challan

Date………… …………….(Signature of the party)

Time for payment ……….

(Signature)

[Signature of the party’s Advocate(s) acting on the Original Side]

Accountant-General, High Court, O. S.

The number and date of Challan issued………..

……………….

(Signature)

Superintendent,

Office of the Accountant-General,

High Court, O.S.

(Strike out words Not required)

Form No. 9

CHALLAN UNDER CHAPTER XXIV, RULE 13B

Number of Challan……………

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Ledger Volume…………..Folio No……………ToThe Reserve Bank of India,Calcutta.Please receive the amount of Rs………….. (in figures) as specified below and credit the same in the account of the Accountant-General, High Court, Original Side, Calcutta, if the payment is offered to be made within the………… day of………. 20……

Suit/ Matter No. with cause title. Deposited/ directed under/ decree or under rules. Party on whose behalf and the purpose for which the payment is made.
Total

Rupees (in words)

Accountant-General, High Court, O.S.

Date :

Superintendent,

Office of the Accountant-General,

High Court; O.S.

Signature

for Reserve Bank of India, Calcutta.

Received the amount of Rs……….. on……….. day of………. 20…….Dated :(Strike out words Not required)

Appendix I

Form No. 1

[CHAPTER XXVI, RULE 1171

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction (or as may be)

(Number and title of the suit, or title of the matter)

Summons to proceed on reference

Let all parties concerned attend before the (Registrar or other officer conducting the reference) at the Court-house, to take into consideration the matter of the reference directed (or to proceed with the accounts and enquiries directed to be taken and made) by the decree (or order) made in this suit and dated the……….. day of……….. 20………Dated this………… day of………. 20…..

Registrar or Officer

The summons was taken out by A. B.,

Advocate acting on the Original Side for the applicant.

To(Insert the name of the Advocate acting on Original Side or person to be served thus:-Mr. C. D., Advocate acting on the Original Side for the Plaintiff or Defendant, or Petitioner or Respondent.)ToThe Plaintiff, or Defendant, or Petitioner, or Respondent G H., or as may be.

Form No. 2

[CHAPTER XXVI, RULE 60]

Advertisement for the creditors of a deceased person to come in with their claims

Pursuant to a decree (or an order) of the High Court at Calcutta, in its Ordinary Original Civil Jurisdiction, made in(set out the number and title of the suit or title of the matter), the creditors of A.B., late of (residence and additions, as thus: No. 6, Park Street in the town of Calcutta, merchant), who died in or about the month of…….. 20……… are, on or before the………. day of……… 20……….., to send to the office of the Registrar of this Court, on its Original Side, their names, addresses, and descriptions, the full particulars of their claims, a statement of their accounts, and the nature of the securities (if any) held by them; or in default thereof, they will be peremptorily excluded from the benefit of the said decree (or order).Every creditor, holding any security, may produce or transmit the same to the registrar, with the particulars of his claim, or shall produce the same before the HoNourable Mr. Justice…………. in the Court-house, on………. the………. day of……… 20… at……… of the clock in the……….. Noon, being the time appointed for adjudicating on the claims.

Registrar or Officer.

Form No. 3

[CHAPTER XXVI, RULES 62, 721

(Formal parts as in No. 1)

Notice to creditor to prove his claim

You are hereby required to prove the claim sent in by you against the estate of A.B., deceased. You are to file such affidavit as you may be advised in support of your claim, and give Notice thereof to Mr. B. C, the Advocate acting on the Original Side for the plaintiff (or for the party conducting the reference), on or before the……. day of………. 20………. ; and to attend by your Advocate acting on the Original Side,or in person if you have No Advocate acting on the Original Side, before the (Registrar or Officer), at the Court-house, on…………… the………. day of………… 20………., at……… of the clock in the Noon, being the time appointed for adjudicating on the claim.Dated this……… day of……….. 20……….To (Name of claimant)

Registrar.

Form No. 4

[CHAPTER XXVI, RULES 63, 64]

(Formal parts as in No. 1, ante)

Notice to claimant to produce documents

You are hereby required to produce, in support of the claims sent in by you, against the estate of A. B., deceased [or your claim as heir-at-law or next-of-kin or ore of the kindred of A. B., deceased, or your claim as (devisee or) legatee under the will of A.B., deceased] (describe the documents required to be produced) before the Registrar or Officer at the Court-house on the………… day of…… 20…….., at…….. of the clock in the……….. Noon.Dated this………. day of………….. 20………..To (Name of claimant)

Registrar.

Form No. 5

[CHAPTER XXVI, RULE 67]

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

(Number and title of the suit)

Executor’s or Administrator’s affidavit as to claims of creditors sent in to the Registrar pursuant to advertisement to creditors

I, C. D. of etc., the above named plaintiff (or defendant, or as may be), the Executor (or Administrator) of A. B., late of……… deceased, make oath and say as follows:-1. I have in the paper writing Now produced, and shown to me, and marked A, set forth a list of all the claims, the particulars of which have been sent in to the Registrar by persons claiming to be creditors of the said A. B., deceased, pursuant to the advertisement issued in that behalf, dated the………… day of……….. 20……2. I have examined the particulars of the several…….. claims mentioned in the paper writing Now produced, and shown to me, and marked A, and I have compared the same with the books, accounts and documents of the said A. B. (or as may be, and state any other inquiries or investigations made), in order to ascertain, so far as I am able, to which of such claims the estate of the said A. B. is justly liable.3. From such examination (and state any other reasons) I am of opinion and verily believe that the estate of the said A.B. is justly liable to the amounts set forth in the sixth column of the first part of the said paper writing, marked A, and to the best of my kNowledge and belief, such several amounts are justly due from the estate of the said A.B., and proper to be allowed to the respective claimants named in the said schedule.4. I am of opinion that the estate of the said A. B. is Not justly liable to the claims set forth in the second part of the said paper writing, marked A, and that the same ought Not to be allowed without proof by the respective claimants (or, I am Not able to state whether the estate of the said A. B. is justly liable to the claims set forth in the second part of the said paper writing, marked A, or whether such claims, or any parts thereof, are proper to be allowed without farther evidence).5. Except as hereinbefore mentioned, there are Not, to the best of my kNowledge, inFormation and belief, any other claims against the estate of the said A.B.

Form No. 6

[CHAPTER XXVI, RULE 67]

Exhibit referred to in Affidavit (No. 5)

(Short title)

List of claims of creditor referred to in the Executor’s or Administrator’s affidavit

List of claims, the particulars of which have been sent in by persons claiming to be creditors of A. B., deceased, pursuant to the advertisement issued in that behalf, dated……….. day of……… 20……This paper writing, marked A, was produced and shown to…….. and is the same as is referred to in his affidavit sworn before me this……… day of…….. 20……

  1. B., etc.

First Part – Claims proper to be allowed further evidence.

Serial No. Name of claimants Addresses descriptions Particulars of claim Amount claimed Amount proper to be allowed

Second Part – Claims which ought to be proved by the claimants.

Serial No. Names of claimants Addresses descriptions Particulars of claim Amount claimed

Form No. 7

[CHAPTER XXVI, RULE 73]

(Formal parts as in No. 1, ante)

Notice to creditor of allowance of claim or part of claim and to prove residue

The claim sent in by you against the estate of A. B., deceased, has been allowed at the sum of Rs with interest thereon at………… at…………. per cent, per annum from the………… day of…….. 20……… and Rs……….. for costs (or with costs to be taxed by the Taxing Officer). If part only has been allowed, add: If you claim to have a larger sum allowed, you are hereby required to prove such further claim, and you are to file such affidavit (continue as in No. 3, ante).Dated this……… day of……….. 20…….

Registrar.

To (Name of claimant)

Form No. 8

[CHAPTER XXVI, RULE 73]

(Formal parts as in No. 1, ante)

List of claims against the estate of A. B., deceased, which have been allowed without proof

Advertisement of allowance of claims

Names of claimants A.B. Amount Allowed
Principal Interests Costs
Rs. Rs………, at per cent, up to the day of………, and subsequent interest, at 6 per cent. Rs……….
(or to be taxed

Appendix J

[CHAPTER XXVII, RULE 65]

Form No. 1

Ordinary conditions of sale of immoveable property

Conditions of sale of the property described in the Notification of sale in Suit No………. of 20………..

  1. No person shall advance a less sum than Rs or retract a bidding.2. The sale is subject to a reserved bidding/ specified price which has been fixed by the Registrar.3. The highest bidder shall be the purchaser, provided the Registrar shall consider that a sufficient bid has been offered, and where any dispute arises as to the last or highest bidding for any lot, the same shall be put up again at a Former bidding for sale.4. The purchaser shall, at the time of sale, subscribe his name and address to his bidding, and the abstract of title and all written Notices and communications and summonses shall be deemed duly delivered to and served upon the purchaser, by being left for him at such address, unless or until he is represented by an Advocate acting on the Original Side.5. The purchaser shall, at the time of sale, pay a deposit of twenty-five per cent on the amount of his purchase-money to the Registrar, otherwise the lot shall immediately be again put up for sale.6. The Registrar shall, as soon as possible after the sale, proceed to certify, the result, and such report shall, within eight days after the sale, be filed by, and at the expense of, the party having the carriage of the proceedings, and in case of his neglect the purchaser of any lot shall be at liberty to file the same, and to retain the costs out of the purchase-money.7. The party having the carriage of the proceedings shall, within…… days after such report has become binding, deliver to the purchaser, or his Advocate acting on the Original Side, an abstract of the title to the lot purchased by him, subject to the stipulations contained in these conditions; and the purchaser shall,within……… days after the actual delivery of the abstract, deliver at the office of Mr. A.B., the Advocate acting on the Original Side of………… (the party having the carriage of the proceedings) at No……… Street in the town of Calcutta, a statement in writing of his objections and requisitions (if any) to or on the title as deduced by such abstract, and to and in respect of the description of the property, and upon the expiration of such last-mentioned-time (and in this respect time is to be deemed of the essence of the contract) the title shall be considered as approved of and accepted by the purchaser, subject only to such objections and requisitions, if any.8. The purchaser shall, under an order for that purpose to be obtained by him, or in case of his neglect, by the party having the carriage of the proceedings, at the cost of the purchaser, upon application to a Judge in Chambers, pay the amount of his purchase-money (after deducting the amount paid as a deposit) to the Reserve Bank of India with the privity of the Accountant-General of this Court, to the credit of the Suit No………. of 20………. (where A. B. is plaintiff and C. D. is defendant), within forty days (orsuch further time as may he allowed) from the day of sale, and where the same is Not so paid then the purchaser shall pay interest on his purchase-money at the rate of per cent. per annum from the end of such forty days (or such further time as may be allowed) from the day of sale to the day on which the same is actually paid.9. Upon payment of the purchase-money in manner aforesaid, the purchaser shall be entitled to possession of such parts of the property as are in hand, and to the rents and profits of such parts as are let as from the day of such payment, and shall be entitled to a proper conveyance, wherein all proper parties shall join as the Registrar shall direct. Such conveyance shall be prepared by and registered at the expense of, the purchaser, and shall be tendered and left by him at the office of the said Mr. A. B. for execution by proper parties.The purchaser shall, at his own expense, take such steps as may be necessary for the purpose of taking possession.10. The purchaser shall Not be liable to pay the outgoings previous to the day of payment of the purchase-money and the rents and outgoings shall be apportioned, where necessary.In the event of there being a statutory charge on the property sold, such charge shall be discharged and paid from the purchase-money and shall Form a first charge thereon. Such charge shall be set out in the conditions of sale.11. The production and inspection of all deeds, evidences and muniments of title which are Not in the possession or power of the party having the carriage of the proceedings, and the procuring and making of all certificates, attested or other copies or extracts of or from any registers, deeds, wills, or other documents, and of all declarations or other evidences as to identity, whether required for the verification of the abstract or for any other purpose, shall be at the expense of the purchaser requiring the same.12. Where any error or miss tateme it, shall appear to have been made in the particulars; or description of the property, such error or misstatement; where capable of compensation, shall Not annul the sale Nor entitle the purchaser to be discharged from his purchase, but a Compensation shall be made to or by the purchaser as the case may be, and the,amount of such compensation shall be settled by a Judge in Chambers.13. Where the purchaser shall Not pay his purchase-money at the tithe above specified, or at any other time which may be named in any order for that purpose, and in all other respects perform these conditions, an order may be made by a Judge in Chambers for the re-sale of the property and for payment by the purchaser of the amount of the deficiency, if any, in the price which may be obtained upon such re-sale, and of all Advocates acting on the Original Side and client’s costs and expenses occasioned by such default.14. Where a re-sale is directed, if for want of bidders the property canNot be re-sold, the purchaser at the Former sale shall pay the whole amount of his purchase-money into Court; but where the property be re-sold, and where the price obtained at the re-sale be less than the purchase-money payable by the original purchaser, he shall pay the amount of the deficiency. The costs occasioned by the default of the original purchaser shall also be paid by him. An order containing these directions may also be obtained from a Judge in Chambers.

Form No. 2

Conditions of sale of the property described in the Notification of sale in Suit No………. of…………

Ordinary conditions of sale of moveable property, other than negotiable securities, or shares in any railway, banking, or other public company or corporation

  1. No person shall retract a bidding.2. The highest bidder shall be the purchaser, provided the Registrar shall consider that a sufficient bid has been offered, and where any dispute arises as to the last or highest bidding for any lot, the property shall be put up again at a Former bidding for re-sale.3. The purchaser shall, at the time of sale, pay the full amount of the purchase-money, otherwise the property shall be again immediately put up for re-sale.4. Upon payment of the purchase-money, the purchaser shall be entitled to obtain immediate possession of the property.5. The Registrar shall, as soon as possible after the sale, proceed to certify the result. Such certificate shall be filed by, and at expense of, the party having the carriage of the proceedings.

Form No. 3

Form of bidding paper

Bidding paper marked B, referred to in my certificate made in theSuit No……… of…….. and dated the……….. day of………. one thousand nine hundred and………

Registrar

We, whose names are hereunder subscribed, respectively, bid at the sale by auction in the above suit on the………… day of……… Two thousand and…………, the sums set opposite to our respective names, for, and became the purchasers of, the respective lots specified in the Notification of such sale, numbers of which are set opposite to our respective names, subject to the conditions produced at such sale:-

No. of lot Amount of highest bidding Amount of deposit received Amount remaining due Signature of purchaser Purchaser’s address and quality

Form No. 4

Suit No………. of 20…….

In the High Court at Calcutta

Ordinary Original Civil Jurisdiction

Whereas by a decree (or order) of this Honourable Court made in the above suit, and dated the………… day of……….. Two thousand and……… it was ordered that the premises comprised in the mortgage therein referred to should be sold by the Registrar to the best purchaser or purchasers that could be got for the same, provided the Registrar should consider that a sufficient sum had been offered, and that all proper parties should join in the conveyance as the Registrar should direct, and that the conveyance should be settled by the Registrar where the parties differ about the same, I do hereby certify as follows:1. I certify that I did this day, in my sale room, subject to the conditions specified in the conditions of sale hereunto annexed, and marked with the letter A, put up for sale by auction the said premises described in the Notification of such sale (a copy of which is hereunto annexed, and marked with the letter B), and that the result of such sale is truly set forth in the bidding paper hereunto annexed and marked with the letter C.2. I further certify that the sums set forth in the second column of the said bidding paper are the highest sums bid for respective lots, the numbers of which are set forth in the first column opposite to such respective sums, and that the persons whose names are subscribed in the fifth column of the said bidding paper as purchasers were respectively the highest bidders for, and became the purchasers of, the said respective lots, at the prices or sums set opposite to their respective names in the said second column thereof.3. I further certify that I have received the sums set forth in the third column of the said bidding paper as deposits from the said respective purchasers in respect of their respective purchase monies set forth in the said second column of the said bidding paper, leaving due in respect of the said purchase-monies the respective sums set forth in the fourth column of the said bidding paper.4. I further certify that the several lots opposite to the numbers of which I have in the third column of the said bidding paper written the words “Not sold”, were Not sold, No person having bid a sufficient sum for the same.5. I further certify that No person bid any sum whatever for the several. lots opposite the numbers of which I have in the second column of the said bidding paper written the words “No bidding.”Dated this………. day of………… in the year two thousand and

Registrar.

Form No. 5

[CHAPTER XXVIII, RULE 4]

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Notice under Section 83 of the Transfer of Property Act

To B,Whereas A has, under section 83 of Act V of 1882, deposited in Court Rs. 1,00,000 as the amount remaining due on the mortgage to you, dated the………… day of……… 20……., and Rs. 106 for the commission and charges of the Accountant-General, and the Reserve Bank of India, and Rs. 500 to provide for such necessary costs and expenses as you may incur, and whereas it is alleged that a sufficient tender was previously made to you: You are hereby inFormed that the Court, upon being satisfied that you have transferred the property comprised in the said mortgage and (Where B is in possession) delivered up possession thereof to the said A, and have also delivered up to the said A, or deposited in Court, or accounted for, all documents in your possession or power, or for which you are responsible relating to the said property, the Court will make such order as to it shall seem fit for the payment to you of the said sum of Rs. 1,00,000 (less, where a tender was made, the commission and charges of the Accountant-General and the Reserve Bank of India) with all costs and expenses to which you may be entitled.Dated this……….. day of……….. 20…….

Registrar.

Form No. 6

[CHAPTER XXX, RULE 71

In The High Court At Calcutta

Ordinary Original Civil Jurisdiction

Notice of application

In the matter of Act VIII of 1890

and

In the matter of………. a minor

Notice is hereby given that………….. residing at………… and natural guardian of the abovenamed minor, has presented a petition to this Court praying to be appointed the guardian of the person and property of the said minor and that this Court has fixed the day of for the hearing of the said petition.Dated this………. day of……… 20……Advocate acting on the Original Side for

Registrar.

Appendix K

[N.B.-The Forms previously contained in this Appendix will Now be found printed, together with the Companies Rules in App. No. 7 of Appendices (Part II), post.]

Appendix L

Form No. 6

[CHAPTER XXXI, RULE 211

In The High Court At Calcutta

In appeal from its Original Civil Jurisdiction

Appeal No………..

Suit No…………. of 20………..

Appellant and (Plaintiff or defendant).

versus

Respondent and (Defendant or Plaintiff).

Memorandum of appeal and of review

(Insert name) the appellant abovenamed appeals against the (decree or) order of the HoNourable Mr. Justice……….. in the above suit passed on the………. day of…….. 20…….. . for the following amongst other reasons:-1st. That (here state grounds of appeal).

(By way of endorsement)

Appeal No

Suit No………. of 20……..

Appellant.

versus

Respondent.

Form No. 2

[CHAPTER XXXII, RULE 9]

In The High Court At Calcutta

In appeal from its Ordinary Original Civil Jurisdiction

Appeal No……… of 20…….

Suit No……… of 20……..

Appellant and

versus

Respondent

To

Respondent

Notice to respondent under order XLI, Rule 14 of the Code of Civil Procedure

Take Notice that an appeal has been presented by………… Advocate acting on the Original Side for the Appellant from the…………… of this Court in its Ordinary Original Civil Jurisdiction, and that such Appeal will be heard by the Appeal Bench for the hearing of Appeals from the Original Side at its next sitting after the time allowed for filing the Paper Books.Memorandum of Appeal filed on the day of………. 20……If No appearance is made on your behalf by yourself, your Advocate acting on the Original Side, or by some one by law authorised to act for you in this Appeal, it will be heard and decided ex parte in your absence.Chief Justice, at ……..Calcutta aforesaid, the day of Two thousand and

Registrar

Ready.Delivered

Forms 3 to 10

[Deleted vide Calcutta Gazette, dated October, 18, 1982]

Appendix LA

Form No. 1

[Deleted vide Calcutta Gazette dated 18th October, 1982]

Form No. 2

[CHAPTER XXXIIB, RULE 4]

In The High Court At Calcutta

In appeal from its Ordinary Original Civil Jurisdiction

(In Appeal from its Constitutional Writ Jurisdiction, Original Side)

(In Appeal from its Special Jurisdiction, Original Side)

The…………. 20……..

Present

The HoNourable Chief Justice/One of the Judges of this Court
And
The HoNourable One of the Judges of this Court.

In the matter of Supreme Court of Appeal

in

Appeal from

DecreeOrder…….. No…….. 20………Appellant(s) to the Supreme Court.

Versus

Respondent(s) to the Supreme Court.The Court, having had before it an application for a Certificate of the nature referred to in clause (1) of Article 132/Clause (1) of Article 133 of the Constitution of India for further appeal to the Supreme Court, from the judgment, decree/or final order of the High Court, dated……….. determines/having determined on its own motion that a certificate of the nature referred to in clause (1) of Article 132/Clause (1) of Article 133 of the Constitution of India, should be given for further appeal to the Supreme Court from the judgment, decree/or final order of the said High Court, dated………

It Is Certified

that the case involves a substantial question of law as to the interpretation of the Constitution.

or

that the case involves a substantial question(s) of law of general importance and that in the opinion of the High Court the said question(s) and need(s) to be decided by the Supreme Court.

Chief Justice /Judge.

N.B, Delete the portion which is Not necessary.

Judge.

Form No. 4

[CHAPTER XXXIIIB, RULE 10]

In The High Court At Calcutta

(In appeal from its Ordinary Original Civil Jurisdiction)

(In Appeal from its Constitutional Writ Jurisdiction, Original Side)

(In Appeal from its Special Jurisdiction, Original Side)

Re : Supreme Court Appeal

Civil Appeal No…………………… of 20……………….

Suit/Matter No……………………..of 20……………….

Appellant(s) to the Supreme Court

versus

Respondent(s) to the Supreme Court

ToThe Registrar,Supreme Court of India, New Delhi.I do hereby certify that the Notices under Order XV, Rule 11 of the Supreme Court Rules, 1966, as received from you relating to the above appeal have been served upon………….. Respondent/ Lawyer for the Respondents to the Supreme Court of India on the…………. day of……… Two thousand and ………… in the manner prescribed in the Rules of this Court.Dated this……… day of……… 20…….

Registrar, Original Side.

Form No. 5

[CHAPTER XXXIIIB, RULE 10]

In The High Court At Calcutta

(In appeal from its Ordinary Original Civil Jurisdiction)

(In Appeal from its Constitutional Writ Jurisdiction, Original Side)

(In Appeal from its Special Jurisdiction, Original Side)

Re : Supreme Court Appeal

Civil Appeal No…….. of 20………

Suit/Matter No……… of 20………

Appellant(s) to the Supreme Court

versus

Respondents/ to the Supreme Court

ToThe Registrar,Supreme Court of India, New Delhi.I do hereby certify that the Notices under Order XV, Rule 11 of the Supreme Court Rules, 1966, as received from you relating to the above appeal could Not be served on the Respondent/Lawyers for the Respondent………….. (state the reason)…………. the said Notices as received from you is returned herewith.

Registrar, Original Side.

Form No. 6

[Requisition under Chapter XXXIIIB, Rule 13]

Appeal No……… of………..

In The High Court At Calcutta

(Ordinary Original Appellate Jurisdiction)

ToThe Registrar,High Court, Original Side.Sir,Please pay the amount(s) specified below/under rule 13 of Chapter XXXIIIB of the Rules as the balance left out of the sum of Rs…….. deposited by me/my lawyers under Court’s letter No………. after deducting therefrom the sum of Rs……….. as the actual cost of transmission of records in the above appeal to Supreme Court.

Yours faithfully,

Appellant ‘s Lawyer’s Signature

Appellant’s Signature

Details of amount

(a) Rs………… Deposited under Court’s letter No.

(b) Rs………… Actual cost incurred for transmission of records in the above appeal to Supreme Court.

Balance…………

Appendix M

Form No. 1

[CHAPTER XXXV, RULE 4]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

In the Goods of…………. deceased

Certificate of payment of ad valorem duty

The ad valorem fee payable on the valuation of the property amounting to Rupees (………….) …………….has been paid.Dated this……… day of…………. 20………

Registrar.

Form No. 2

[CHAPTER XXXV, RULE 4]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

In the Goods of……………………deceased.

I do hereby certify that the ad valorem fee prescribed by Schedule I, clause 11, of the Court-Fees Act, 1870, is Not payable in this case, it appearing from the affidavit of valuation that the amount or value of the estate does Not exceed Rupees (1,000/-) One Thousand.Dated this…………… day of………….. 20…….Advocate acting on the Original Side

Taxing Officer.

Form No. 2A

[CHAPTER XXXV, RULE 4]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

In the Goods of………………… deceased.

Certificate that No duty is payable

I do hereby certify that the ad valorem fee prescribed by Schedule I, clause 11, of the Court-Fees Act, 1870, is Not payable in this case, it appearing from the affidavit of valuation that the debts of the deceased exceed the amount of………… assets.Dated this………… day of………… 20…….Advocate acting on the Original Side

Registrar.

Form No. 3

[CHAPTER XXXV, RULE 4]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

In the Goods of ………………. deceased.

Certificate that No duty is payable

I do hereby certify that the ad valorem fee prescribed by Schedule I, clause 11, of the Court-Fees Act, 1870, is Not payable in this case, section 19C added to the said Act by Act XIII of 1875 being applicable thereto.Dated this………. day of………. 20……..Advocate acting on the Original Side for

Registrar.

Form No. 4

[CHAPTER XXXV, RULE 4]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

In the Goods of………………………….deceased.

Certificate of No application made to any other Court for Probate or Letters of Administration

At the request of……………….. Advocate acting on the Original Side of this Court, I do hereby certify that No intimation has been received by this Court from any other High Court or any District Court of any grant of Probate of any Will or Letters of Administration of the property and credits of the abovenamed deceased with effect throughout the whole of Union of India.Dated this…….. day of 20……..

Registrar.

Form No. 5

[CHAPTER XXXV, RULE 12]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

The President of India

Petition for Probate/ Letters of Administration In the Goods of

Deceased.

Petitioner

Notice by Advertisement of citation

All persons claiming to have any interest in the estate of the abovenamed deceased are hereby cited to come within………… days from the date of the publication of this citation and see the proceedings if they think fit before the grant of………. Witness…………. Chief Justice at Calcutta aforesaid, the……… day of……………. in the year of Two thousand and……..Petitioner’s Advocate acting on the Original Side.

Registrar

Form No. 6

[CHAPTER XXXV, RULE 15]

Bond in case of intestacy

KNow all men by these presents that we……………. are held and firmly bound unto the HoNourable (the Chief Justice’s name) Chief Justice of the High Court at Calcutta in the sum of Rupees…………. of good and lawful money to be paid to the said HoNourable (the Chief Justice’s name) or the Chief Justice of the said High Court for the time being for which payment we do hereby bind ourselves, and each and every of us binds himself for the whole, our and each and every of our heirs, executors, and administrators, unto the said HoNourable (the Chief Justice’s name), his successors in office or assigns firmly by these presents. Sealed with our seals dated the……… day of………… in the year of Two thousand and……………..The condition of the above written obligation is such that if the above bounden………………… Administrator of the property and credits of…………….. deceased, do make or cause to be made a full and true inventory of all the estate of the said deceased, which has or shall come to the hands, possession, or kNowledge of the……. said………. or into the hands or possession of any other person or persons, for and the same so made to exhibit or cause to be exhibited into the Registry of the said High Court, at or before the…………. day of………….. next ensuing or within such further time as the Court may from time to time appoint : And the same estate, and all other estate of the said deceased at the time of…………. death, which, at any time after, shall come to the hands or possession of the said………….. or of any other person or persons for………… do administer according to law:And further do make, or cause to be made a true and just account of…….. said administration at or before the…………. day of…………. which will be in the year of Two thousand and……….. or within such further time as the Court may from time to time appoint : And all the rest and residue of the said estate which shall be found remaining upon the said administration account, the same being first examined and allowed of by the said High Court, shall deliver and pay unto such person or persons respectively as shall be lawfully entitled to such residue : And if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said Court, making request to have it allowed and approved accordingly if the above bounden………… being thereunto required, do render and deliver the letters of administration to………… granted (approbation of such testament being first had and made) in the said Court, then this obligation to be void and of None effect, else to remain in full force and virtue.Signed, sealed and delivered at in the presence of

Registrar.

Form No. 7

[CHAPTER XXXV, RULE 15]

Bond in the case of Letters of Administration with Will annexed

KNow all men by these presents that we…………… are held and firmly bound unto the HoNourable (the Chief Justice’s name) Chief Justice of the High Court at Calcutta, in the sum of Rupees……….. of good and lawful money to be paid to the said HoNourable (the Chief Justice’s name) or the Chief Justice of the said High Court for the time being for which payment we do hereby bind ourselves, and each and every of us binds himself for the whole, our and each and every of our heirs, executors, and administrators, unto the said HoNourable (the Chief Justice’s name), his successors in office, or assigns firmly by these presents. Sealed with our seals dated the……….. day of……….. in the year of Two thousand and………..The condition of the above written obligation is such that if the above bounden…………Administrator of the property and credits of………… deceased, do make or cause to be made a full and true inventory of all the estates of the said deceased, which has or shall come to the hands, possession, or knowledge………….. of the said……….. or into the hands or possession of any other person or persons, for………… and the same so made do exhibit or cause to be exhibited into the Registry of the said High Court, at or before the………. day of………… next ensuing or within such further time as the Court may from time to time appoint : And the same estate, and all other the estate of the said deceased at the time of death, which, at any time after, shall come to the hands or possession of the said or of any other person or persons for…….. do administer according to law : And further do make, or cause to made, a true and just account of…………. said administration at or before the day of…………. which will be in the year of Two thousand and………….. or within such further time as the Court may from time to time appoint : And all the rest and residue of the said estate which shall be found remaining upon the said administration account, the same being first examined and allowed of by the said High Court, shall deliver and pay unto such person or persons respectively as shall be lawfully entitled to such residue, then this obligation to be void and of None effect, else to remain in full force and virtue.Signed, sealed and delivered at in the presence of

Registrar.

Form No. 8

[CHAPTER XXXV, RULE 16]

Bond by Guarantee Society, in case of Intestacy

KNow all men by these presents that I (or we)…………… and we………. Society Limited carrying on business in Calcutta at………. through………. (and hereinafter called the Society) are held and firmly bound unto the HoNourable (the Chief Justice’s name) Chief Justice of the…………. High Court at Calcutta in the sum of Rs of good and lawful money to be paid to the said HoNourable (the Chief Justice’s name) or the Chief Justice of the said High Court for the time being for which payment I (or we) the said………. do hereby bind myself/ourselves and each and every of us binds himself for the whole my/our and each and every of my/our heirs, executors and administrators, and we the Society for ourselves and our successors, do oind and oblige ourselves for the whole unto the HoNourable (the Chief Justice’s name), his successors in office or assigns firmly by these presents and we the Society do hereby submit ourselves to the jurisdiction of the said High Court. Sealed with the seal of the said………….. and also with the seal of the said Society dated the………….. day of……. in the year of Two thousand and……………. The condition of the above written obligation is such that if the above bounden………….Administrator of the property and credits……….. of deceased, do make or cause to be made a full and true inventory of all the estate of the said deceased, which has or shall come to the hands, possession or kNowledge of him/them the said………….. or into the hands or possession of any other person or persons, for him/them and the same so made do exhibit or cause to be exhibited into the Registry of the said High Court, at or before the…………….. day of………… next ensuring, or within such further time as the Court may from time to time appoint. And the same estate and all other the estate of the said deceased at the time of his/her death, which at any time after shall come to the hands or possession of the said………….. or of any other person or persons for him/ them do administer according to law. And further do make, or cause to be made, a true and just account of his/their said administration at or before the ………. day……… of……….. which will be in the year of Two thousand and or within such further time as the said High Court may from time to time appoint. And all the rest and residue of the said estate which shall be found remaining upon the said administration account, the same being first examined and allowed of by the said High Court shall deliver and pay unto such person or persons respectively as shall be lawfully entitled to such residue:And if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said. High Court, making request to have it allowed and approved accordingly, if the above bounden………….. being thereunto required, do render and deliver the Letters of Administration to him/them granted (approbation of such testament being first had and made) in the said High Court, then this obligation to be void and of None effect else to remain in full force and virtue.Signed, sealed and delivered at in the presence of

Registrar

Form No. 9

[CHAPTER XXXV, RULE 16]

Bond by Guarantee Society, in case of Letters of Administration with Will annexed

KNow all men by these presents that I (or we)……… and we……… Society Limited carrying on business in Calcutta at………. through (and hereinafter called the Society) are held and firmly bound unto the HoNourable (the Chief Justice’s name) the Chief Justice of the High Court at Calcutta in the sum of Rs of good and lawful money to be paid to the said HoNourable (the Chief Justice’s name) or the Chief Justice of the said High Court for the time being for which payment well and truly to be made I (or we) the said do hereby bind myself/ourselves and each and every of us binds himself for the whole my/our and each of my/our heirs, executors and administrators, and we the Society for ourselves and our successors, do bind and oblige ourselves for the whole unto the HoNourable (the Chief Justice’s name), his successor in office or assigns firmly by these presents and we the Society do hereby submit ourselves to the jurisdiction of the said High Court. Sealed with the seal of the said………. and also with the seal of the said Society dated……….. the………. day of……….. in the year of Two thousand and………….The condition of the above written obligation is such that if the above bounden………. Administrator of the property and credits of………… deceased, do make or cause to be made a full and true inventory of all the estate of the said deceased, which has or shall come to the hands, possession or kNowledge of him/ them the said or into the hands or possession of any other person or persons, for him/them and the same so made to exhibit or cause to be exhibited into the Registry of the said High Court, at or before the…………. day of……………. next ensuing or within such further time as the said High Court may from time to time appoint: And the same estate, and all other the estate of the said deceased at the time of his/her death, which at any time after shall come to the hands or possession of the said……… or of any other person or persons for him/them do administer according to law. And further do make, or cause to be made, a true and just account of his/their said administration at or before the………… day of which will be in the year of Two thousand and………… or within such further time as the said High Court may from time to time appoint. And all the rest and residue of the said estate which shall be found remain in gupon the said administration account, the same being first examined and allowed of by the said High Court, shall deliver and pay unto such person or persons respectively as shall be lawfully entitled to such residue, then this obligation to be void and of None effect, else to remain in full force and virtue.Signed, sealed and delivered at in the presence of

Registrar.

Form No. 10

[CHAPTER XXXV, RULE 17]

FromThe Registrar,High Court, Original Side,To

Calcutta, the……………. 20…………

Letter to accompany Bond of Guarantee Society

Sirs,It is proposed that the………………………… Assurance Co., Limited, should stand surety for the administrators in the above Estate to the amount of Rs…………………….. I send herewith a bond No………………………………. for signature. I shall feel obliged if you will inForm me whether the signatory of the bond or if more than one, each of the signatories, is the authorised agent of the………………………………. Assurance Company, for the purpose of executing the proposed bond for Rs as it is only on that assumption that the bond is accepted.

I have the hoNour to be,

Sirs,

Your most obedient servant,

Registrar.

Form No. 11

[CHAPTERXXXV, RULE 17]

FromToThe Registrar,High Court, Original Side.

Calcutta, the…………………….. 20……..

Reply of Guarantee Society’s Agent

Sir,We return herewith the bond No………………………. and in reply to your enquiry, we have to state that its signature is duly authorised.

We have the hoNour to be,

Sir,

Your most obedient servant.

Form No. 12

[CHAPTER XXXV, RULE 24]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

In the matter of the Petition of late of inhabitant, deceased.

Petitioner

and

(name, address, description and occupation)

Caveator

ToThe Registrar,Sir,Let Nothing be done in the matter of the estate of the abovenamed………………………….. late of…………………………. deceased, who died at……………………….. on or about the…………………. day of………………………… without due Notice to the abovenamed caveator.Dated this………………… day of………………………… 20………………………

Yours faithfully,

Advocate acting on the Original Side for the Caveator.

Form No. 13

[CHAPTER XXXV, RULE 24]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

Re. Deceased.

Petitioner

Notice of a caveat

ToAdvocate acting on the Original Side for the petitioner.Take Notice that on the……………………………… day of………………………….. caveat was filed in my office in the above petition by………………………….

Yours faithfully,

Registrar

Calcutta High Court,Registrar’s Office:The……………. day of……………….. 20………….

Form No. 14

[CHAPTER XXXV, RULE 28]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction In the Goods of

To

Deceased.

Advocate acting on the Original Side for the petitioner in the above goods.

Notice of affidavit in support of caveat

Sir,Please take Notice that on the………………. day of………………… an affidavit in support of the caveat in the above goods was filed in the Registrar’s office by me on behalf of (name, description and address of the caveator) the caveator.

Yours faithfully,

(Signature)

Advocate acting on the Original Side for the Caveator

(Date)

Form No. 15

[CHAPTER XXXV, RULE 28A]

In the High Court at Calcutta

Testamentary and Intestate Jurisdiction

Testamentary Suit No……………….. of 20………………..

In the goods of

Deceased-Plaintiff.

versus

Defendant.

ToMr./Messrs……………………….. Advocate acting on the Original Side/ Advocates acting on the Original side for the Plaintiff.Take Notice that the Stamp Reporter, Original Side of this Court, has appointed the……………………………. day of…………………. instant/next at the hour of…………………….. o’clock in the foreNoon/afterNoon for assessment of the fee payable under the proviso to item No. 1(g) of Schedule II to the West Bengal Court-Fees Act, 1970, in the above suit and that you may attend before him if you so desire.

For Registrar.

Form No. 16

[CHAPTER XXXV, RULE 28A]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

Testamentary Suit No……………………… of 20…………………..

In the goods of

Deceased-Plaintiff

versus

Defendant

ToMr. /Messrs…………………… Advocate acting on the Original Side/ Advocates acting on the Original Side for the Plaintiff.Whereas court-fees of Rs…………… have been found payable by you under the proviso to item No. 1(g) of Schedule II to the West Bengal Court-Fees Act, 1970, you are hereby required to pay the same within…………. day of………………. failing which the matter will be placed before the Court for necessary orders.

For Registrar.

Form No. 17

[CHAPTER XXXV, RULE 28A]

In The High Court At Calcutta

Testamentary and Intestate Jurisdiction

Testamentary Suit No………….. of 20…………

In the goods of

Deceased-Plaintiff

versus

Defendant

ToThe ad valorem fee payable under the proviso to item No. 1(g) of Schedule II to the West Bengal Court-Fees Act, 1970, amounting to Rs (Rupees only) has been paid.Dated the………….. day of……….. 20………..

Appendix MM

Form No. 1

[FORM OF NOTICE UNDER RULE 24, CHAPTER XXXVA]

In The High Court At Calcutta

In Matrimonial Jurisdiction

In Re: The Indian Divorce Act

(Act IV of 1869)

Between

A.B……………. Petitioner.

C.D……………. Respondent

&

X.Y Co-respondent.

ToA.B. the petitioner andTo………………his or her Advocate acting on the Original Side.Take Notice that on………….. day the day of at the hour of 11* The Court sits at 10-30 A.M. o’clock in the foreNoon or so soon thereafter as Counsel can be heard an application will be made on behalf of…………….. before the Hon’ble Mr. Justice……………. for an order that the Decree of Judicial separation passed on the……………. day of…………. be set aside and also for such other order as to the Court may seem fit.Dated this…………. day of…………. 20………..

Yours faithfully,

Advocate acting on the Original Side for the applicant.

Grounds :Petition of the applicant.

Form No. 2

[FORM OF CERTIFICATE UNDER RULE 30, CHAPTER XXXVA]

In The High Court At Calcutta

Matrimonial Jurisdiction

In Re : The Indian Divorce Act (Act IV of 1869)

Between

A.B…………… Petitioner.

C.D…………… Respondent.

X.Y…………… Co-respondent.

At the request of……………. Advocate acting on the Original Side for the petitioner I do hereby certify that six months have elapsed since the date of the decree nisi dated the……….. day of…………….. ; that up to the………… day of………… being within six days of the date appointed for the hearing of the application to make absolute the decree nisi, No person has intervened, or obtained leave to intervene, in the above cause; and that No appearance has been entered Nor any affidavits filed on behalf of any person wishing to show cause against the decree nisi being made absolute.Dated this………….. day of…………. 20………

Registrar.

Form No. 3

[ALTERNATIVE CERTIFICATE UNDER RULE 30, CHAPTER XXXVA]

At the request…………. of Advocate acting on the Original Side for the petitioner I do hereby certify that in respect of the decree nisi, dated the……….. day of 20……, (Name) intervened (or obtained leave to intervene) in the cause on the……….. day of……….. that an appearance was entered on the………… day of……….. and affidavits have been filed on behalf of…………… with a view to show cause against the decree nisi being made absolute (state if any other proceedings have been taken).Dated this………. day of………… 20……………

Registrar.

Form No. 4

[FORM OF SUMMONS UNDER RULE 31, CHAPTER XXXVA]

In The High Court At Calcutta

Matrimonial Jurisdiction

In Re : The Indian Divorce Act (Act IV of 1869)

Between

A.B………….. Petitioner.

C.D………….. Respondent.

X.Y………….. Co-respondent.

Let the Respondent/Petitioner above named attend before the Judge in Chambers on………… day of……….. at the hour of 11* The Court Now sits at 10-30 A.M. o’clock in the foreNoon on the hearing of an application on behalf of the Petitioner/ Respondent for an order that the Respondent/ Petitioner do pay to the Petitioner/ Respondent the sum of Rs………….. per month for alimony pendente lite and Rs………… for interim costs and for such further or other sums as may seem just and the said Respondent/Petitioner do pay to the Petitioner /Respondent her costs of and incidential to this application to be taxed by the Taxing Officer of this Court.Dated this…………. day of………… 20………….Applicant’s Advocate acting on the Original Side. Registrar.This summons was taken out by…………. the Advocate acting on the Original Side for the Petitioner/ Respondent.ToThe Respondent/Petitioner.To………………his Advocates acting on the Original Side.Grounds:Petition of the applicant verified by affidavit

Form No. 5

[FORM OF SUMMONS UNDER RULE 39, CHAPTER XXXVA]

In The High Court At Calcutta

Matrimonial Jurisdiction

In Re : The Indian Divorce Act (Act IV of 1869) Between

A.B…………. Petitioner.

C.D…………. Respondent.

X.Y…………. Co-respondent.

Let the parties concerned attend before the Judge in Chambers on the day of at the hour of 11* The Court Now site 10-30 A.M. o’clock in the foreNoon on the hearing of an application on the part of the Petitioner/Respondent for an order that the custody of the children of the marriage of the parties in the suit may be given to the applicant (and that the Respondent/ Petitioner do pay to the applicant Rs……….. a month for the maintenance of herself and for the maintenance and education of her minor children) and that the Respondent/ Petitioner do pay to the applicant her costs of and incidental to this application to be taxed by the Taxing Officer of this Court.Dated this………….. day of……….. 20…..Applicant’s Advocate acting on the Original Side.

Registrar.

This summons was taken out by the…………………… Advocate acting on the Original Side for the Petitioner/RespondentToThe Respondent/Petitioner.To…………………..his Advocates acting on the Original Side.Grounds:Petition of the applicant verified by affidavit sworn.

Appendix N

Form No. 1

(CHAPTER XXXVII, RULE 31)

In The High Court At Calcutta

Ordinary Original Criminal Jurisdiction

The President of India

To the Officer in charge of the (Name of jail)

Warrant

You are hereby required to have the body of A.B., Now a prisoner in the (name of jail), under safe and sure conduct, before the High Court, on its Original Side, on the………… day of………….. next, by……….. of the clock in the………….. Noon of the same day, for the purpose of being bailed, and unless the said A.B. shall then and there be bailed, and by the said Court ordered to be released from custody, cause him, after the said Court shall have dispensed with his further attendance, to be conveyed under safe and sure conduct, back to the said jail.Dated this………….. day of…………. 20………

Registrar.

(or Clerk of the State)

Form No. 2

(CHAPTER XXXVIII, RULE 14)

In The High Court At Calcutta

Ordinary Original Criminal Jurisdiction

The President of India

To the officer in charge of (name of jail or lunatic asylum, or other place where the person is detained in custody) or to (name of person)

Warrant

You are hereby required to have the body of B. C, Now a prisoner in your custody (or Now in your custody) before the High Court, on its Original Side on the………… day of………… next, by………. of the clock in the foreNoon of the same day to be dealt with according to law and you shall then and there abide by such order as shall in that behalf be made by the said Court (if the prisoner is detained in public custody add) and unless the said B. C. shall then and there, by the said Court, be ordered to be released, you shall, after the said Court shall have dispensed with his further attendance, cause him to be conveyed, under safe and sure conduct, back to the said jail (or asylum or other place of custody).Dated this…………. day of…………. 20…….

Registrar.

(or Clerk of the State)

Form No. 3

(CHAPTER XXXVIII, RULE 14)

In The High Court At Calcutta

Ordinary Original Criminal Jurisdiction

The President of India

Warrant

To the officer in charge of the (name of jail), or of the (name of asylum), or to (name of officer) in charge of B.C., an alleged lunatic.You are hereby required to have the body of B.C., Now a prisoner in the (name of jail) or Now in Custody at the (name of asylum) or Now in your charge, .under safe and sure conduct before the High Court, on its Original Side, on the…………… day of………….. next, by………………. of the clock in the foreNoon of the same day there to be dealt with according to law, and unless the said B.C., shall then and there by the said Court be ordered to be discharged, cause him, after the said Court shall have dispensed with his further attendance, to be conveyed under safe and sure conduct, back to the said j ail (or asylum or other custody).Dated this………… day of…………… 20………..

Registrar.

(or Clerk of the State)

Form No. 4

[CHAPTER XXXVIII, RULE 14]

In The High Court At Calcutta

Ordinary Original Criminal Jurisdiction

The President of India

To the officer in charge of the (name of jail)

Warrant

You are hereby required to have the body of B. C., Now a prisoner in the (name of jail), under safe and sure conduct, before the High Court, on its Original Side, on the……….. day of……….. next, by………… of………….. the clock in the foreNoon of the same day, there to give testimony in a certain. charge or prosecution Now pending before the said Court against D.E. and after the said B.C., shall then and there have given his testimony before the said Court, or the said Court shall have dispensed with his further attendance, cause him to be conveyed, under safe and sure conduct, back to the said (name of jail).Dated this………… day of……….. 20………..

Registrar.

(or Clerk of the State)

Form No. 5

[CHAPTER XXXVIII, RULE 14]

In The High Court At Calcutta

Ordinary Original Criminal Jurisdiction

The President of India

To the officer in charge of the (name of jail)

Warrant

You are hereby required to have the body of B. C., Now a prisoner in the (name of jail), under safe and sure conduct, before the officers assembled at a Court-martial (or before the Commissioners acting under the authority of a commission from the Government), at……… on the…………. day of…………. next, by…………… of the clock, in the foreNoon of the same day, for the trial of the said B.C. (or there to give testimony in a certain trial Now pending before the said Court-martial, or the said Commissioners against D.E. or as the case may be), and after the trial of the said B.C., or after the said B.C. shall then and there have given his testimony before the said Court-martial (or the said Commissioners) or the said Court-martial (or the said Commissioners) shall have dispensed with his further attendance, cause him to be conveyed, under safe and sure conduct, back to the said (name of jail).Dated this………. day of………….. 20…..

Registrar.

(or Clerk of the State)

Form No. 6

[CHAPTER XXXVIII, RULE 14]

In The High Court At Calcutta

Ordinary Original Criminal Jurisdiction

The President of India

To the officer in charge (name of jail)

Warrant

You are hereby required to cause the body of B.C., Now a prisoner in the (name of jail) to be conveyed, under safe and sure conduct, to the jail at…………….. and on or before the………. day of………….. made over to the offiCer in charge of such jail, to be by him there kept in intermediate custody for the purpose of trial before the High Court in the exercise of Original Criminal Jurisdiction at its next sittings to be held at (name of place).Dated this…………….. day of………… 20………

Registrar.

(or Clerk of the State)

Appendix NA

Form No. 1

[CHAPTER XXXVIIC, RULE 5]

In The High Court At Calcutta

(Criminal Appellate Jurisdiction)

The…………….. 20………

Present

Chief Justice/Judge

THE HON’BLE

AND
THE HON’BLE

One/two of the Judges of his Court.
In the matter of an application in Criminal
Appeal No………….. of 20…………………../ under Article 132(1) or 134(1)(c) of the Constitution of India (or under any other provision of law)/ under Section 411A of the Code of Criminal Procedure, 1898.

Appellant to the Supreme Court

Versus

Respondent to the Supreme Court.

The Court, on its own motion/on consideration of an application in this regard, having determined that a certificate of the nature referred to in clause (1) of Article 132/clause (1)(c) of Article 134 of the Constitution of India/under Section 411A(4) of the Code of Criminal Procedure, 1898 should be given for further appeal to the Supreme Court from the judgment, final order or sentence of the said High Court dated the……………It is certified……………… that the case involves a substantial question of law as to the interpretation of the Constitution………….

or

that the case is a fit one for further appeal to the Supreme Court.Registrar

Chief Justice/Judge.

Judge.

Deputy Registrar.N.B. Delete the portion which is Not necessary.

Form No. 2

[CHAPTER XXXVIIC, RULE 8]

In The High Court At Calcutta

(in Appeal from its Original Criminal Jurisdiction)

  1. R. Appeal No……………. of 20…….

(Appellant to Supreme Court)

Vs.

(Respondent to Supreme Court)

Certificate as to service of the Notice under Order XXI, Rules 11 and 15 of S.C. Rules

ToThe Registrar,Supreme Court, New Delhi.I do hereby certify that Notices under Order XXI, Rule of………… the Supreme Court Rules, 1966, as received from you relating to the above appeal have been served on the Respondents/ Lawyers for the Respondents……………. on the………….. day of…………. in the manner prescribed in the Rules of this Court.Dated this…………. day of………… 20………

Registrar, Original Side.

Form No. 3

[CHAPTER XXXVIIC, RULE 8]

In The High Court At Calcutta

(in Appeal from its Original Criminal Jurisdiction)

Cr. Appeal No………… of 20……….

(Appellant to Supreme Court)

Vs.

(Respondent to Supreme Court)

Certificate as to Non-service of the Notice under Order XXI, Rules 11 and 15 of S.C. Rules

ToThe Registrar,Supreme Court, New Delhi.I do hereby certify that Notices under Order XXI, Rule………… of the Supreme Court Rules, 1966, as received from you relating to the above appeal could Not be served on the Respondents/ Lawyers or the Respondent………………. (state the reason)The said Notices as received from you is returned herewith.

Registrar, Original Side.

Appendix NN

In The High Court At Calcutta

………………….Jurisdiction

Letter of Request

No…………. of 20…………

Plaintiff/Appellant/Petitioner

Vs.

Defendant / Respondent

ToThe Speaker of the House of the People/The Chairman of the Council of States, Parliament House, New Delhi Speaker of…………. Legislative Assembly/Chairman Legislative Council/Chairman of the Committee of………….Sir,It having been represented to this Court that (i) the production of under-mentioned documents(s) is necessary for the purpose of justice and for the determination of the matters in dispute between the parties in the aboveNoted case and it appearing that the said document(s) is in the custody of…………… and also that (ii) the evidence of…………. an officer in the Secretariat of…………. (or any duly inFormed officer in the Secretariat of the House), as a witness in the above proceeding is required in regard to the matters Noted below, I am directed to request that you will (a) arrange to send the document(s)/certified copy(ies) of the document(s), so as to reach this Court on or before the…………… by registered post with ackNowledgment due or through an officer in the Secretariat of the House and (b) direct the said officer to appear before this Court at A.M, on…………1. Particulars of the documents(s) to be produced.2. Matter in regard to which evidence is required.

Yours faithfully,

Registrar

Appendix O

Order of His Majesty in Council, dated 7th August 1905, by which the Colonial Solicitors Act, 1900, is made applicable to Solicitors of this Court

At the Court of St. James

The 7th day of August 1905

Present:

The King’s most Excellent Majesty

His Royal Highness the Prince of Wales

Lord President

Earl of Kintore

Sir Francis Bertie

Whereas, by the Colonial Solicitors Act, 1900, it is enacted that where as respects a Superior Court in a British Possession, His Majesty the King in Council is satisfied on the report of a Secretary of State:

(a) that the regulations respecting the admission of persons to be Solicitors of the Superior Court are such as to secure that those Solicitors possess proper qualifications and competency; and

(b) that by the law of the British Possession the Solicitors of the Supreme Court will be admitted to be Solicitors of the Superior Court in the Possession on terms as favourable as those on which it is proposed to admit Solicitors of that Superior Court in pursuance of the said Act to be Solicitors of the Supreme Court;

His Majesty in Council may order that the said Act shall apply and the same shall accordingly apply to the said Superior Court and British Possession, subject to any exceptions, conditions, and modifications specified in the order:And whereas by the said Act it is further provided that His Majesty in Council by the same or any subsequent order may as respects the Court and British Possession named in the order provide for all matters authorised by the said Act to be prescribed, and for all matters appearing to His Majesty to be necessary or proper for giving effect to the order and to the said Act and that an order in Council applying the Act to Court in a British Possession may provide that Solicitors of that Court may be admitted by virtue of the said Act to be Solicitors in any part of the United Kingdom, namely, England, Scotland, or Ireland, or in two or one of those parts only:And whereas application has been made by the Government of India that the said Act may be applied to the High Court of Judicature at Fort William in Bengal and to the Province of Bengal:And whereas His Majesty in Council on the report of the Secretary of State for India in Council is satisfied that the regulations respecting the admission of persons to be Solicitors of the High Court of Judicature at Fort William in Bengal, are such as to secure that those Solicitors possess proper qualifications and competency and that by the law of the Province of Bengal the Solicitors of the Supreme Court in England will be admitted to be Solicitors of the High Court of Judicature at Fort William in Bengal, on terms as favourable as those on which it is proposed to admit Solicitors of that Court in pursuance of the said Act to be Solicitors of the Supreme Court:Now, therefore, his Majesty in pursuance of the said recited Act and in execution of the powers thereby in His Majesty vested, is pleased by and with the advice of His Privy Council, to order and it is hereby ordered that the Colonial Solicitors Act, 1900, shall apply to the High Court of Judicature at Fort William in Bengal and to the Province of Bengal, and that Solicitors of the High Court of Judicature at Fort William in Bengal may be admitted by virtue of the said Act to be Solicitors in England subject to the conditions hereinafter specified.(1) A Solicitor of the High Court of Judicature at Fort William in Bengal (hereinafter called the applicant) who, having been in practise before such Court for Not less than three years is desirous of being admitted to be a Solicitor of the Supreme Court in England, shall be a male British subject.(2) The applicant shall, four calendar months at least before the first day of the month in which he proposes to be admitted, leave with the Registrar or Solicitors, his original certificate of admission in the High Court of Judicature at Fort William in Bengal, together with-

(a) a certificate from the authority of the Province of Bengal in whose custody the roll of the Solicitors of the said Court is kept stating that his name is still upon the roll and has never been removed therefrom and that No order has ever been made directing him to be suspended from practising his profession;

(b) one or more certificates of fitness and character signed by two resident practising Solicitors of at least five year’s standing in the said Court and by at least one of the Judges or officers next in rank of such Court;

(c) a statutory declaration in terms of or to the effect of that set out in the Schedule (A) hereunto annexed.

(3) The leaving of the before-mentioned documents shall be equivalent to Notice of intention to apply for admission within the meaning of the Acts regulating the admission of Solicitors in England.(4) A certificate under the hand of the Registrar of Solicitors that the applicant has complied with the provisions of the Colonial Solicitors Act, 1900, and of this order, shall be equivalent to the certificate of his having passed the Final Examination required in England.(5) The application for admission to be a Solicitor in England shall be made to the Master of the Rolls.(6) The applicant in England shall Not be required to pass any examination either before or after making such application.(7) The admission of the applicant as a Solicitor in England shall be stamped with the stamps required to be impressed on the admission of Solicitors in England and shall be impressed with such further stamp as shall, together with the amount of stamps paid on articles of clerkship and admission in the province of Bengal (such amount being certified by a Judge of the High Court of Judicature at Fort William in Bengal, in the Form set out in the Schedule (B) hereunto annexed) be equal in amount to the sum payable on Articles of Clerkship in England.(8) The following fee shall be paid by the applicant:To the Law Society

£ s. d.
Before entering his name on the Roll of Solicitors 5 0 0
A. W. Fitzroy.

Schedule A

In the matter of the Colonial Solicitors Act, 1900,

and

In the matter ofI…………… in the Province of Bengal, do solemnly and sincerely declare as follows:1. I am a male British subject.2. I was on the…………….. day of………….. admitted a Solicitor of the High Court of Judicature at For William in Bengal, and I have been in practise before such Court for Not less than three years. My name remains on the Roll of the said Court, and I have Not at any time been suspended from practise by the Court or by any Judge thereof, Nor are any proceedings pending to strike my name off the said Roll or to suspend me from practise. I beg to refer to the certificate of…………….. marked “A” Now produced to me in proof of the statements in this paragraph.3. I have Not been bankrupt or insolvent Nor have I made a composition or arrangement with my creditors. (If this is Not the case, state the facts with dates, and show that a complete discharge has been obtained.)4. The document Now produced and shown to me and marked with the letter “B” is my original certificate of admission in the said Court, and the documents Now produced and shown to me and marked respectively with the letters “C” and “D” are respectively certificates of character and as to my fitness to be admitted a Solicitor of Supreme Court in England, signed respectively by………… one of the Judges of the said Court (if Not a Judge state his rank) and by………… of………. and………… of………… two practising Solicitors of the said Court of at least five years’ standing.And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Schedule B

I (name and style of Judge) do hereby certify that the amount of stamps paid on Articles of Clerkship when (name and style of applicant) was articled was the sum of £…….., and our admission when he was admitted to practise the Sum of £……….. (To be signed and attested).

Appendix P

Office Rules as to Shorthand Transcripts of Evidence

[These office rules were framed and put into force in November 1916 when shorthand-writers were sanctioned. See Rule 13 of Chapter IV; Rule 1 of Chapter XIV; Rule 14 of Chapter XXXII; Rules 46, 48 and 49 of Chapter XXXVI; and items 41 and 54 in the Table of Fees, Rules 74 of Chapter XXXVI. The last sentence of Rule 1, and Rules 6A, 8, 9 and 10 were added on the February, 1930]1. The Notice to be given by a party under Ch. XIV, rule IA, shall be by requisition in writing stating how many copies of transcripts of the depositions of the witnesses are required, and this requisition shall be handed to the senior Recording Officer (Court) in attendance. Printed Forms of requisition shall be available in Court for this purpose.2. The Recording Officers (Court) shall in turn record evidence in the Form of question and answer. Judgments and other proceedings shall be recorded verbatim or otherwise as the Judge may direct.3. When transcribing the shorthand Notes of evidence, in addition to the original transcript for the Court record, there shall be made, in all defended cases, one carbon copy for the use of the Judge and a sufficient number of other carbon copies to provide the copies (if any) bespoken by the parties.4. Each Recording Officer (Court), shall read over and initial each page and sign the last page of each portion of the original transcript made from his Notes and shall be responsible for the correctness thereof.5. The pages of the transcript of the depositions of each witness shall be numbered seriatim, and No portion of the transcript shall be delivered out until the pages have been so numbered.6. Upon the typing o mf any portion of the transcript being completed and the pages numbered as required by rule 5, the folios shall be counted by one of the typists attached to the Recording Officers (Court) and the number of folios shall be marked on the back of the original and of all the copy transcripts; the original transcript and the copy for the use of the Judge shall be sent at once to the Court Clerk; and the copies intended for the parties, together with the requisition, to the Punching Clerk; receipts therefor being obtained in a book to be kept for the purpose.6A. That Notwithstanding the provisions of Rule 1 A of Chapter XIV of the Original Side Rules the transcript of all depositions shall (save in instances where the Registrar shall sanction a special extension of time) be completed and the copies (if any) bespoken by the parties made ready for delivery on the evening of the day the evidence shall be recorded, unless such day be a Friday, in which case the transcript shall be ready for delivery at 10-30 the following morning.7. The Punching Clerk shall deliver the copy transcript to the party who has bespoken the same upon receiving a requisition stamped with Court-fee stamps of the value prescribed. The Punching Clerk, if so desired, shall hand out the original requisition for the purpose of having the prescribed stamps affixed thereto.8. After Notice has been given all transcript copies made thereunder will be charged for irrespective of whether they are taken delivery of or Not, unless Notice is given in writing, before the transcription of the portion proposed to be cancelled has commenced the transcript copies will Not be required thereafter.9. Payment of the prescribed fees should be realized at the time of the delivery of the transcript copies as provided in Rule 6. Should Court-fee stamps be Not available at the time of delivery, the transcript fees must be furnished within one hour of the stamps being next available and in default of being so furnished, further transcript copies shall Not be made for or supplied to the defaulting party or Advocate acting on the Original Side.10. The Triplicate voucher-book used in Shorthand Writers Department should be amended by providing for space for inserting date of recording evidence.Appendices) Forms & Miscellaneous Matters 533

Appendix Q

Rules of the Local Government, under Section 27 of the Court Fees Act, 1870, for Regulating the supply, etc., of stamps, Dated 9th May 1870.

The following rules for regulating the supply, number, and keeping accounts of stamps to be used in the High Court of Judicature at Fort William in Bengal in the exercise of original jurisdiction, under section 3 of the Court Fees Act, 1870, are made by the Lieutenant-GoverNor of Bengal, with the concurrence of the Chief Justice of the said High Court of Judicature, and are published for general inFormation, as provided by section 27 of the Court Fees Act, 1870.1. Stamps of the values specified to be supplied. -Stamps of the values Noted in the margin being required for the purposes of the Court, shall be supplied by the Collector of Calcutta in the same manner as all other stamps, either from his office direct, or through the licensed vendors; the Collector indenting on the Superintendent of Stamps, in whose charge the reserve stock of such stamps shall be kept.

Rs. A. Rs. A.. Rs. A.
0 1 2 0 10 0
0 2 3 0 20 0
0 3 4 0 25 0
0 4 5 0 30 0
0 6 6 0 40 0
0 8 7 0 50 0
0 12 8 0 100 0
1 0 9 0
  1. Provision for sale of stamps.– Until the Courts and offices are brought into one building, two Government stamp vendors shall be in attendance, one at the Courts’ office, and the other at the place at which the sittings of the Courts of Original Jurisdiction shall be held.3. Number of stamps.– The stamp affixed to a document shall be of an amount corresponding, as nearly as practicable, with the amount of the stamps which such document requires, in order that No greater number of stamps may be affixed to any document than is actually necessary.4. Register to be kept. – A register shall be kept in each cause or matter, in which shall be entered the name of the cause or matter, and the description of every document or other matter in respect of which any fee.is paid by stamp or stamps, and the value of the stamp or stamps used, and the name of the Advocate acting on the Original Side or firm or person by whom stamps were produced.

Rules for the use of Stamps when the fee is payable by Government

  1. Service stamps.– Stamp with the worn “service” shall be made available for the payment of the fees of the Court which are Now paid by the Government solicitor, or drawn in the contingent bill of the Court.6. When to be used.– Service stamps shall be used in all cases in which the fee is payable by Government, and shall be affixed by the examiner of stamps or his assistants.7. To be entered in register under a separate head. – Service stamps shall be entered in the daily register under the head “service,” “solicitor to Government,” or “crown office” respectively, instead of the name of the Advocate acting on the Original Side in the cause, and shall be posted up accordingly.8. Mode of procuring service stamps. – Officers of the High Court, requiring such stamps, will purchase the number required, paying for the same in cash, and will draw the amount in the contingent bill. A receipt for the amount, to be given by the Collector of Stamps, will serve as a voucher for the charge to be made in the contingent bill.9. Account of service stamps to be rendered to and checked by Taxing Officer. – The officers who shall obtain service stamps, shall, at the commencement of each month, file with the Taxing Officer a statement, showing the amount used, and the balance in hand. And it shall be the duty of the Taxing Officer to check every such statement by comparison with the ledger account.-Calcutta Gazette, 11th May 1870, p. 1073.

Appendix R

Rules for the grant of subsistence allowance and conveyance hire to complainants and witnesses[N.B. With reference to the Notes to rules 5 and 6 of Chap. XXXVII, the following rules made by H.E, the Governor under the powers conferred upon him under section 544 of the Code of Criminal Procedure appear to have consolidated and superseded the four sets of rules previously existing as printed in the 1930 edn. of this work in Appendix R at p. 619 thereof (i. e., (i) the rules “for the grant of subsistence allowance and conveyance hire to complainants and witnesses who are residents of Calcutta for attending the High Court in cases committed by the Presidency Magistrates,” sanctioned by the Government of India Judicial Letter No. 432 dated 12th April 1896; (ii) the rules “as to the expenses of complainants or witnesses coming from the mofussi] to attend criminal trials before the High Court on its Original Side”, (iii) the Orders dated 17th February 1910 and given by the judges “regarding fees and travelling expenses of witnesses in cases before the Sessions Court”, and (iv) the directions prescribed in Notification No. 119 J.D. dated 6th June 1924 as to “allowances to mufassal complainants and witnesses attending courts in Calcutta”). Though the orders made by the Hon’ble Judges have Not been expressly rescinded, it will be Noted that any orders made by the judges under section 544 are by the express provisions of the section, to be “subject to any rules made by the Local Government”. Moreover the rules which are Now here set out below were made by the Local Government after correspondence with the High Court. See File No. 279 ending with the letter dated 17th April 1939 from the Secretary to the Government of Bengal to the Registrar. It will be Noted also that these rules are also expressed to have been made “in supersession of all previous rules and orders on the subject.”]

Part I-General

  1. In these rules, unless the context otherwise requires-

(i) “Mufassal” means any area lying beyond a circle of five miles in radius, the centre of which is the Government House at Calcutta, but does Not include any place in Calcutta as defined in Clause (11) of section 3 of the Calcutta Municipal Act, 1923* Now Calcutta Municipal Corporation Act, 1980.

(ii) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898).

(iii) “Court” means the High Court on the Original Criminal Side or the Court of a Presidency Magistrate in Calcutta.

(iv) “Witness” includes Complainant.

  1. The expenses of witnesses (other than those who are Crown servants referred to in rule 3) attending for the purpose of any inquiry, trial or other proceeding before a Court shall be payable at the rates specified in the Schedule to these rules in the following cases:-

(i). in all cases in which they are bound over to appear at the Criminal Sessions of the High Court;

(ii) in cases instituted or carried on under the orders of, or with the sanction of, Government or any Court, or any public officer, and in cases the prosecution of which appears to the trying Court to be directly in furtherance of the interests of the public service;

(iii) in all cases where the accused is being prosecuted for a Non-bailable offence;

(iv) whenever a person is summoned as a witness under the provisions of section 540 of the Code;

(v) whenever a witness is summoned to give evidence on a commission directed to a Court:

Provided that the Presiding Judge or Officer of the Court may by order disallow the payment of the expenses of any witness in any case in which he may think fit to do so and every such order of disallowance passed by the Judge presiding over the Criminal Sessions of the High Court shall be communicated immediately to the Commissioner of Police.3. (1) Crown servants attending as witnesses for the purpose of any inquiry, trial or other proceeding before a Court shall receive No subsistence allowance or conveyance allowance from the Court but shall be paid departmentally such travelling allowance as is admissible under the Fundamental and Subsidiary Rules in the same manner as for journeys perFormed on duty. When summoned to give evidence in their private capacity they may be paid such travelling and conveyance allowance as private persons of similar rank are entitled to. A Crown servant summoned in his official capacity from a place within a five miles radius of the Government House at Calcutta may be paid such conveyance allowance as private persons of similar rank are entitled to.Exception. – The Police Surgeon shall Not be entitled to any expenses for attending as a witness before a Court.(2) Every Crown servant attending as a witness before a Court shall be given a certificate of attendance and a Note shall be made thereon of any expenses paid to him and as to whether he has attended in his official or in his private capacity.Explanation. – In this rule “Crown servant” means a person who is paid out of the revenues of a Province or of the GoverNor General in Council for services rendered to the Crown whole-time or otherwise but does Not include a person who receives occasional payment for casual and specific work.4. For the purpose of computing expenses which a Court is authorised to pay under these rules, witnesses shall be divided into four classes, A, B, C and D as follow:-Class A-Labouring classes.Class B-Lower middle classes.Class C-Upper middle classes.Class D-Persons of superior rank.Only actual expenses shall be paid to the witnesses subject to the maxima laid down in the scales in the Schedule. Journeys shall be made always by the cheapest possible route, and, wherever possible, by rail and steamer; in journeys by boat or road, witnesses shall, as far as possible, travel together. Purdanashin women when travelling by rail in a detached compartment shall be allowed any necessary extra expense that may be incurred by them for that purpose.Explanation. – “Actual expenses” in the case of a journey by rail shall mean the cheapest fare of the appropriate class for the journey or return journey obtainable on the date on which the journey was undertaken.5. Subsistence allowance shall cease immediately after the witness has been discharged by the Court.6. Witnesses summoned or bound over and attending from the mufassal may be paid advances towards their expenses by District or Subdivisional Magistrates. Such advances shall be reported by the paying officer with full details, in the case of witnesses summoned or bound over to attend the Criminal Sessions of the High Court, to the Commissioner of Police, and in the case of witnesses summoned to attend the Court of a Presidency Magistrate, to the Chief Presidency Magistrate, and the amounts so advanced shall be deducted from the amounts paid to such witnesses and be remitted to the paying Magistrate.7. Witnesses who are temporarily residing in Calcutta, or who have permanent or temporary houses in Calcutta, but follow occupations elsewhere, if detained in Calcutta in consequence of being required to give evidence in a Court, shall be.dealt with in the same manner as witnesses coming from the mufassal, and shall be entitled to their reasonable expenses under these rules, so far as these are applicable to the case, if they prove to the satisfaction of the presiding Judge or officer that they have been actually detained in Calcutta by reason of their being so required to give evidence:Provided that witnesses who have permanent or temporary houses in Calcutta, but follow occupations elsewhere shall be paid as witnesses Not coming rrom the mufassal if they attend their usual occupation from their house in Calcutta.8. Special cases Not covered by any of these rules in which a claim is made by a witness for subsistence money or travelling allowance or both may be dealt with on their merits, and at the discretion of the presiding Judge or officer and as nearly as may be in accordance with these rules, but in No case shall the maxima allowable under these rules be exceeded.9. Nothing in these rules shall affect the right of the High Court to award compensation out of the Fine Fund to prosecutors, or the payment of expenses or compensation under the provisions of section 545 of the Code.

Part II-High Court

  1. Presidency Magistrates shall furnish to the Commissioner of Police lists of all witnesses bound over to appear before the Criminal Sessions of the High Court showing as determined by them to which class as mentioned in rule 4 each witness belongs. When a witness appears before the Criminal Sessions of the High Court on a summons issued by the Court itself, the Clerk of the Crown shall determine the class to which he belongs, and Note it in the certificate referred to in rule 12.11.Witnesses attending from the mufassal and appearing before the Criminal Sessions of the High Court shall report their arrival to the Inspector, High Court, and to the Clerk of the Crown.12. The Clerk of the Crown shall furnish to each witness a certificate stating the number of days he has actually attended the Court to give evidence in the case and the class to which he belongs and the witness shall present it to the Commissioner of Police for payment of his expenses according to the provisions of these rules.13. In the cases provided for in rules 7 and 8 and articles 2(iii) and 3 of the Schedule, the Clerk of the Crown shall furnish to the witness a certificate stating the amount allowed by the Presiding Judge, and the Commissioner shall pay such amount to the party named in the certificate.14. Except as provided for payment of allowances to Crown servants departmentally under rule 2, and for payment of advances under rule 6, all payments under these rules to witnesses attending the Criminal Sessions of the High Court shall be made by the Commissioner of Police on production of the certificates referred to in rules 12 and 13.

Note. – No payment shall be made to a witness where the High Court has communicated an order disallowing his expenses (vide rule 2, proviso).

  1. If in any case the Commissioner of Police refuses to pay he expenses claimed by a witness, or pays or offers to pay less than the amount claimed, he shall, if required by such witness, certify his reason for so doing to the High Court and shall pay to the witness such sum as the High Court directs him to pay.

Part III-Courts of Presidency Magistrates

  1. Except as provided for payment of allowances to Crown servants departmentally under rule 2, and for payment of advances under rule 6, all payments to witnesses attending Courts of Presidency Magistrates shall be made by such Magistrates.17.Witnesses appearing before the Court of a Presidency Magistrate shall report their arrival to the Court Inspector attached to the Court to which they are summoned.

Schedule

  1. Scale of maximum rates for witnesses attending Courts from places other than the mufassal:-
Nature of expense Class A Class B Class C Class D
Rs. a. Rs. A Rs. a. Rs. a.
Subsistence allowance…….. 1 8 2 8 5 0
0 10
Conveyance allowance…… 1 0 2 0 3 0
  1. (i) Scale of maximum rates for witnesses attending Courts from the mufassal:-
Nature of expense Class A Class B Class C Class D
Travelling expenses for journeys by road (outsides five mile radius) Bus fares Actual expenses Not exceeding two annas per mile. Actual expenses Not exceeding two annas per mile. Actual expenses Not exceeding four annas per mile.
Travelling expenses for journeys by steamer. Lowest class Inter or second where there is No inter class. 2nd class fare. 1st class fare.
Travelling expenses for journey by rail. 3rd class fare Inter class fare 2nd class fare 1st class fare
Travelling expenses for journeys by country boat. Actual expenses Not exceeding Re. 1 per diem. Actual expenses Not exceeding Rs. 2 per diem. Actual expenses Not exceeding Rs. 2 per diem Actual expenses Not exceeding Rs. 2 per diem
Conveyance hire for the days of actual attendance attendance at Court Bur or tram fare Rs. 1 Rs. 2 Rs. 3
Diet money at Calcutta. 12 annas Rs. 2-8 Rs. 4 Rs. 8
Diet money on the journey to Calcutta 12 annas Rs. 2 Rs. 2-12 Rs. 5-8

(ii) In addition to the above ferry tolls actually incurred shall be allowed at the authorised rates.

(iii) Cooly hire may also be allowed to respectable persons or to persons called upon to produce articles such as they would Not ordinarily be expected to carry themselves.

Special compensation-High Court Sessions

  1. If the Judge presiding over the Criminal Sessions of the High Court is of opinion that any witness following any trade or profession Or engaged in any commercial undertaking has suffered substantial loss by reason of his attendance, he may allow him in addition to the expenses to which he is entitled under whichever of the above scales is applicable to his case, reasonable compensation according to circumstances. Such compensation shall Not ordinarily exceed the rates prescribed in article 5 below, but shall be at the discretion of the Presiding Judge.4.Compensation under the foregoing article shall only be allowed for the number of days on which the attendance of the witness in a particular case shall be required, and No compensation shall be allowed to a witness for attendance except in the particular case in which his presence is required.The Crown Prosecutor shall inForm all witnesses for the prosecution of the approximate date when their evidence will be required so as to avoid witnesses attending Court unnecessarily on days on which they will Not be entitled to fees.5. Scale of ordinary maximum compensation for witnesses attending the Criminal Sessions of the High Court-
(a) Medical Practitioners-
Occupation.
Rate per diem.
Rs.
Not in the service of the Crown
In the service of the Crown, if entitled to private practice-
(i) in the case of Resident Surgeons and of those who are of the same grade.
(ii) in the case of those who are of a lower grade.
(iii) in the case of those who are
16

16
8
31

(b) Legal Practitioners-
Barristers
Attorneys
Pleaders
Mukhtears
16
16
8 to 16
3 to 8
(c) Expert witnesses and others 16

Special compensation-Presidency Magistrates’ Courts.

  1. If a Presidency Magistrate is of opinion that any witness following any trade or profession or engaged in any commercial undertaking has suffered substantial loss by reason of his attendance, he may allow him, in addition to the expenses to which he is entitled under whichever of the above scale is applicable to his case, reasonable compensation according to the scale in article 5. The case shall be reported to the Chief Presidency Magistrate for orders if the loss is shown to exceed Rs. 16, and to the Provincial Government by the Chief Presidency Magistrate if it exceeds Rs. 80 in all with a full statement of the facts and of the proof adduced in support of the claim.When summoning a witness of this class the Court may, at its discretion, if, feasible, fix the date for his appearance in such a way that the loss entailed to the witness may be reduced to a minimum.

Appendix S

Home Department resolution No. 10-1101, dated 21st July 1875

No fee to judicial officers acting as commissioners

The question whether Judicial Officers of one province should be permitted to accept remuneration for executing commissions issued by Courts of other provinces has been submitted to the Government of India. After considering the opinions received from certain Local Governments and from the High Court, Calcutta, the Government of India concur with the majority of these opinions, and with the Lieutenant-GoverNor of the North-Western Provinces, that the receipt of such fees by officers who are paid by Government for all they do in their official capacity is improper; and the GoverNor-General in Council hereby directs that the practice of taking such fees, wherever it exists Now, shall be discontinued.

Court’s letter, No. 435, dated 18th February 1878, to the First Moonsiff of Comillah

No fee to judicial officers acting as commissioners

Sir,I am directed to ackNowledge the receipt of your letter of the 26th ultimo to the address of the Registrar of the High Court, Original Side, and in reply to inForm you that, under orders issued by the Government of India in July 1875, you are Not entitled to any remuneration for the execution of the commission to examine witnesses in the suit Courjon v Lehuraux, or in similar cases.

Government, Home Department, Resolution No. 11-Jud1.-1173-1190, dated 8th September 1896

The Government of India issued the following orders on the subject of Government officers retaining fees for executing commissions issued by Civil Courts:-“In the Resolution in the Home Department, dated the 21 st July 1875, the Government of India directed the discontinuance of the practice, where it existed, of allowing officers in the Judicial Department of one Province to retain fees for executing commissions sent out by Courts of other Provinces. The general question of the disposal of fees received by Government officers for executing commissions issued by Civil Courts came under the consideration of the Government of India in the year 1888, with reference to certain orders of the Government of Bombay on the subject. It was decided that the prohibition contained in the Resolution of 1875 should apply to all cases in which Government servants might be called upon to execute commissions whether issued by Civil Courts of the Province in which they are employed or of other Provinces. As, however, these orders were Not published, they have Not hitherto taken general effect. They were issued upon the following considerations:-(1) the Government pays its officers for the whole of their time, and if they have any additional work to perform in a public capacity, it is the Government, and Not the officers themselves, who should receive the fees granted in respect of it; and(2) the practice of allowing salaried officers of Government to retain fees in return for the perFormance of such additional duties is open to the objection that it may tend to encourage them to seek such work to the detriment of their proper duties.”The matter has Now come under reconsideration on a reference from the Government of Madras, and theGoverNor-General in Council is of opinion that while the principle underlying the orders communicated to the Bombay Government should be maintained, it should be declared subject to certain limitations.””2. There can be No question as to the proper course when the officer to whom the commission is addressed acts in the exercise of his official functions, for example, when a commission to examine a witness is addressed by one Civil Court to another. In such cases fees realised from the applicant for a commission should be credited to Government. But there may be other cases in which it is Not possible to lay down the rule with such inflexibility. In such cases, as for example, commissions for local investigations, or to examine accounts, -1 officer, in executing a commission, may (besides giving his time id labour) be required to use privately-acquired skill or kNowledge ihich has No connection with his official work or kNowledge which s connected with his official work and has perhaps in great measure been acquired in the discharge of official duties.””3. In a case in which an officer is required to use privately-acquired skill or kNowledge which has No connection with his official work, there does Not appear to the GoverNor-General in Council to be any objection to his retaining a fee, provided that the commission was accepted with the consent of his official superior and executed without detriment to, or delay in, his official duties. And even in cases falling under the second head above referred to in which an officer is required to use kNowledge which connected with his official work, it has been customary in some Departments to allow Government servants to retain fees for executing commissions issued by Civil Court. Thus the rule in the Public Works Department Code permits an officer of the Department, called upon by a Court to act as a Commission to give reliable inFormation on certain technical points of Engineering, to retain such fees as are fixed by the Court. In cases of this nature where the consent of the officer’s official superior has been obtained, and where the additional duty in No way interferes with his regular work, the Government of India see No objection to his retaining the remuneration which, if Not a Government servant, he would receive for his trouble. Cases of this short, however, will obviously sometimes approximate to those in which an officer is called on to execute a commission in his capacity as Government servant, and in such cases discrimination will have to be exercised in permitting fees to be retained. The GoverNor-General in Council is prepared to leave it to Local Governments to decide in any doubtful cases of this nature whether the fee should be credited to Government or Not.”

Appendix T

Note on the subject of fines

By section 58 of Geo. III, c. 155 [which Statute was repealed as to a part by Act XXII of 1854, and as to the rest by the Criminal Procedure Code, X of 1872], Magistrates in the provinces were required to transmit fines imposed on British subjects, less amount applied in satisfaction to the party aggrieved, to the Clerk of the Crown or other officer of the Supreme Court empowered to receive fines.By 9 Geo. IV, c. 73, section 74, provision is made for payment to the. assignee of an insolvent’s estate of fines imposed for certain offences\whereby creditors of the estate have been defrauded or suffered loss.By 9 Geo. IV, c. 74, section 52 [repealed by the. High Courts’ Criminal Procedure Act X of 1875], power was given to the Supreme Court to apply “towards the reasonable costs of prosecuting offences, or of compensating prosecutors [whether the prosecution be before the said Court or any Justice of the peace], any part of the whole sum arising out offines levied by or transmitted to the said Courts :-Provided always that No such allowance for costs or compensation shall be made, except upon motion in open Court; and that Nothing herein contained shall prevent Justices of the Peace from making such allowances for costs or compensation to prosecutors as they might before have lawfully done.”By the Royal Letters Patent, dated 1st March 1851, a grant was made to the East India Company of all fines whether imposed “by the Supreme Court, or by any Court of Oyer and Terminer and Gaol Delivery or General Court of Quarter Sessions, or by any of the Justices of the Peace, Commissioners of Oyer and Terminer or Goal Delivery for the Presidency of Fort William in Bengal, or any of them, or by any other Court of Justice, or by any other person or persons there having lawful authority to order, charge adjudge, set, impose or award the same;power being reserved to the Supreme Court to make such satisfaction to prosecutors of inFormation or indictmentas to the said Court shall seem reasonable and fit our of any fine or fines to be set or imposed upon any person or persons who shall be convicted upon such proceedings respectively. And we will and order that such fines shall be paid according to such order to be given by the said Court”-Calcutta Gazette, 31st May 1852.By section 27 of 16 and 17 Vict., c. 95, dated 20th August 1853, all fines and penalties incurred by sentence of any Court of Justice within the territories of the East India Company were placed at the disposal of the Company in trust for Her majesty for the service of the Government of India.By the High Court’s Criminal Procedure Act, X of 1845, section 106 when the Court imposes a fine, it may order the whole or any part of it to be paid in compensation-

(a) for expenses properly incurred on the prosecution;

(b) for the offence complained of, where such offence can, in the opinion of the Court, be compensated by money; and it may, if it thinks fit, order such payments to be made for the benefit of the complainant, or the person injured, or both.

Similar power is given to the other Criminal Courts by the Criminal Procedure ‘Code, X of 1872, section 308.For the purpose of meeting sessions expenses, and awards to prosecutors, a sum of Rs. 5,000 was always retained in Court out of the fine fund and the excess over that sum was, from time to time, on the application of the Advocate-General, transferred to Government.On the 24th of November 1855, the Accountant-General of Bengal wrote to the Comptroller-General of Accounts, suggesting that all fines, less any sums awarded by order of the Court to prosecutors or inFormers, should be paid direct to the revenue account, and that all sessions contingent expenditure should be paid out of grants to be made for that purpose.On the 4th of December 1865, the Comptroller-General of Accounts addressed the Government of India on the subject, and submitted the following proposition:-“Under the above Letters Patent, payments have been made from time to time by the officers of the Court (out of the fines realized) to the credit of Government, and have been treated in the public accounts as ‘Government receipts.’ Beyond this record, and the entries in the Police accounts of the fines levied and remitted, No inFormation has been furnished to the Account Department relative to the disposal of the amounts which have been realized. No accounts of these fines have ever been rendered to Government, No have the payments which have been made from them undergone any check in the Account Department. It is understood that the fines are partly appropriated to the payment of charges for preparing jury lists, summoning jurors, defending pauper cases, dieting witnesses, and other expenses connected with the sessions charges to which the Letters Patent already quoted have Not apparently any reference.””It seems desirable that some check should be exercised by Government over these receipt; and I would beg to suggest, for consideration, that it would be expedient that the gross amount of fines paid into the High Court, less awards to prosecutors, should be remitted to the General Treasury at the Bank for credit to Government, the several descriptions of charges enumerated in the preceding paragraph being annually provided for in the Budget prepared by the Accountant-General, High Court, and submitted for the sanction of Government.”This correspondence was forwarded to the Court, with a letter from the Government of India, Home Department, No. 88, dated 5th January 1866, explaining that “there is No intention on the part of the Government of disturbing existing arrangements as to the disposal of a portion of these fines under the orders of the Court, but only of requiring a periodical statement of the receipts and expenditure on this account.”The Court having communicated its concurrence in the proposition of the Comptroller-General, the following Resolution was passed by the Government of India:”The GoverNor-General in Council is pleased to direct, that in future, all Police fines, less compensation awarded to prosecutors, etc., be paid into the Government account at the Bank of Bengal, the Commissioner of Police, Calcutta, rendering monthly to the Accountant-General, Bengal, an account of the fines realized and the compensation awarded out of them.””2. Fines imposed and realized by the High Court, less awards to prosecutors, etc. shall similarly be paid into the Bank to the credit of Government and accounted for to the Comptroller-General ofAccounts, while the sessions expenses for preparation of jury lists, summoning jurors, defending pauper suits, dieting witnesses, etc., shall be met out of the budget grant for the High Court. In the event of the grant for the current year being insufficient to meet such expenses, a supplemental estimate of them may be submitted to Government by the High Court.””3. These charges will be subject to the audit of the Government Auditor, in like manner with other expenditure of the High Court, and the Accountant-General to the Court will always retain in his hands a permanent advance of Rs. 500 (for which he will be responsible to Government) to meet any expenditure which must be incurred before his monthly contingent bills can be sent in.”

Appendix U

Local Limits

[The Calcutta High Court (Jurisdictional Limits) Act (XV of 1919)1Section 159 of 33 Geo III, c. 52, authorised the GoverNor-General in Council “to declare and prescribe” the limits of the Town of Calcutta-Pursuant thereto a proclamation, fixing the limits of Calcutta, was issued by the GoverNor-General in Council on 10th September, 1794-which Proclamation was set out in Appendix T, p. 555 of the 1st edition of this book.In 1815 the Indian Presidency Towns Act, 55 Geo. III, c. 84, was passed-which in section 1 after reciting 33 Geo. III, c. 52, section 159 continues-“And whereas by reason of the increase of the population of the Town of Calcutta, Madras and Bombay” is expedient that the several Governments of Fort William, etc., should be further empowered in manner hereinafter mentioned to extend from time to time the limits of the said several Towns” it was enacted that it should be lawful for the GoverNor-General in Council at Fort William, from time to time, as circumstances should in their judgment require, to extend the limits of Calcutta.Section 159 of 33 Geo. III, c. 52 was repealed be Act XIV of 1870 (the Repealing Act). To section 1 of that Act there was a proviso “that the repeal by this Act of any enactment shall Not affect any Act or Regulation in which such enactment has been applied, incorporated or referred to.”Query as to whether the proviso to section I of the Repealing Act and the use of the words “further empowered” in the Indian Presidency Towns Act had the effect of keeping alive section 159 of 33 Geo. III, c. 52. It will be Noticed that the power under the older Act is wider, viz., “to declare and prescribe”-than the latter Act which only gives “to extend.”The first extension of the limits of the Town came about in consequence of the removal of the old Presidency Jail, which stood on the site of the present Queen Victoria Memorial. The removal of that Jail came up for consideration in 1885; and again in 1908 when the Government proposed to extend, under the Indian Presidency Towns Act, 1815 (55 Geo. III, c. 84), the limits of the Town, so as to include the precincts of the new Jail, which had then been erected to the south-east of the Alipore Jail. To this proposal objection was taken by the Court on the ground that the intention of the Act of 1815 was that the extension of the limits should be effected by including an additional area, and Not by declaring that the precincts of an isolated building outside the prescribed limits of the town, should be included within the limits of the jurisdiction of the Court. A further difficulty, it was pointed out, would arise in conveying prisoners to and from the jail.In 1912 the Government addressed the Court again, dropping the idea of proceeding under the Act of 1815 and proposing to meet the difficulties of the situation by the passing of an Act amending section 491 of the Criminal Procedure Code.The Court, in its reply (dated 10th July, 1912), pointed out certain difficulties in the new proposal, and suggested that these might be met by converting what was then the Alipore Jail into the Presidency Jail, and that Jail instead of the newly-built Jail, should be brought within the jurisdiction of the High Court. This suggestion was accepted by the Government and effected by means of Notification No. 4078-P. D. and No. 4092-P. D. by the first of which (Notification, dated 15th October, 1913) the local limits were extended so as to include the area occupied by the old Alipore Jail and the Bhowanipore Road and by the second of the same date the old jail then technically kNown as the Alipore Central Jail was to be thenceforth called the Presidency jail and the new Central Jail at Kalighat be called the Central Jail Alipore (see pp. 558 to 560 of first edition).In 1914 the Government of Bengal addressed the Court on the advisability of having a Formal record of the boundaries of the Town of Calcutta as defined in the Proclamation of 1794 and of laying down permanent boundaries by erecting suitable pillars where necessary, and it was proposed to issue a Notification defining the new boundaries. A copy of the proposed Notification, and plans were forwarded. An examination of the latter appeared to show that the proposed new boundary-line was within the old boundary-line so that the local limits of the town were to that extent curtailed. The Court in its reply (4th March, 1915), pointed out that the power of the Government to curtail the local limits depended upon the true construction of certain Acts of the Legislature, which was a question of importance and possible doubt upon which legal advice should be taken. The Government then wrote (12th February, 1916) stating they had been advised that the proper course was for an Act to be passed by the Indian Legislature, as contemplated by clause 11 of the Letters Patent, 1865, declaring and prescribing the local limits of the ordinary original civil jurisdiction, and asking whether the Court would agree to such legislation declaring the boundaries as shown in the maps forwarded in 1914.It was then arranged that the present Registrar should examine the boundaries with Mr. J. C. Nixon, I.C.S., then Director of Surveys, Bengal. This was done, and their Report was forwarded to the Government, a copy of which is annexed to the Government’s letter No. 7032-P., dated 13th April 1917, to which the Court, on 16th July 1917, replied that “as at present advised and subject to any question which may arise when legislation is undertaken”-they concurred in the boundaries given in the report and made certain suggestions with a view to the new boundaries being properly demarcated.In March 1918, a draft of the Calcutta High Court (Original Jurisdiction) Bill was submitted to the Court for opinion. The Court’s reply of 23rd May, 1918, was to the effect that the Judges could express No opinion on the validity of the legislation proposed, as that might come before the Court judicially, but that otherwise, they had No objection to the principle of the Bill to make the boundaries certain. It was however suggested that the new Act should contain some saving clause with regard to suits in respect of land which land or a portion thereof, at the date of a transaction between parties, e.g., a mortgage or lease, was within but which, by the new boundary and at the time of the filing of the suit is outside the local limits of the Court’s Original Jurisdiction. The Judges were of opinion that parties should have the right to bring such suits in this Court.The new Act (Act XV of 1919) declaring and prescribing the new boundaries was passed and received the assent of the GoverNor-General on the 17th Slicember, 1919. It is set out below:-

Act No. XV of 1919

An Act to declare and prescribe the limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in BengalWhereas clause I1 of the Letters Patent for the High Court of Judicature at Fort William in Bengal, dated the 28th December, 1865, provides that the said High Court shall have and exercise ordinary original civil jurisdiction within such local limits as may from time to time be declared and prescribed by any law made by competent legislative authority for India:And whereas it is expedient so to declare and prescribe the local limits of the ordinary original civil jurisdiction of the said High Court;It is hereby enacted as follows :-1. Limits of ordinary original civil jurisdiction. – This Act may be called the Calcutta High Court (Jurisdictional Limits) Act, 1919.2. The ordinary original civil jurisdiction of the High Court of Judicature at For William in Bengal shall be exercised within the limits set out in the Schedule:Provided that Nothing in this Act shall affect any suit or other legal proceeding, pending in any Court at the date of the commencement of this Act.

The Schedule

(See Section 2)

  1. The limits within which the ordinary original civil jurisdiction of the High Court shall be exercised are as follows :-North.– A line commencing on the western side of the river Hooghly at a point where the straight line joining reference pillar No. I (in a compound on the river side of the Ghusri Cotton Mill, Howrah) and reference pillar No. II (near the south-western end on Chitpur Toll Bridge) meets the western water-line of the river Hooghly, and thence along the said line to the point where it meets the easter water-line of the river Hooghly near the south bank of the opening of Circular Canal; thence along the water-line of the south bank of Circular Canal passing under the Chitpur Toll Bridge, the Chitpur or Baghbazar Bridge to boundary pillar A on the eastern side of the southern pile of Barrackpore Bridge.East.– A line commencing from the said boundary pillar A following the eastern edge of the steps of the bridge to a point near the south-eastern corner of the immediate approach to the bridge marked by reference pillar III, which is on the boundary; thence by a straight line to boundary pillar B on the south-eastern corner of the junction of Cornwallis Street and Galif Street (Now marked with a Public Works Department stone); thence along the eastern side and the eastern side of the eastern payment of Cornwallis street in a series of regular links joining points marked by posts 1-3 to boundary pillar C at the North corner of the junction of Shambazar Street with Cornwallis Street; thence by a straight line to boundary pillar D on the solid south corner, of the said junction; thence in an approximately straight line along the solid eastern side of Upper Circular Road marked by posts 4-9 thence eastward following the corner round to boundary pillar E on the North corner of the junction of the unnamed road (which runs into Jadu Nath Mitra Lane) with Upper Circular Road; and thence by a straight line to boundary pillar F at the solid south corner of the junction of Jadu Nath Mitra Lane with Upper Circular Road; thence by posts 10-13 to boundary pillar G on the solid south corner of the junction of Ultadingi Road with Upper Circular Road; thence along the solid south side of Ultadingi Road in a series of continuous and approximately straight line joining point marked by posts 14-16 to boundary pillar H at the solid western corner of the junction of Ultadingi Road and Gauribere Lane; thence by the solid western side of Gauribere Lane marked by posts 17-21; thence by a straight line crossing the road diagonally to boundary pillar I on the solid south-eastern corner of the junction of Gauribere Lane and Ultadingi Junction Lane; thence along the solid eastern side of Ultadingi Junction Lane marked by posts 22-24 to boundary pillar J on the solid eastern corner of the junction of Ultadingi Junction Lane with Halsibagan Road; thence by a straight line to post 25 at the solid western corner of the said junction; thence along the solid North side of Halsibagan Road marked by post 26 to boundary pillar K on the North side Halsibagan Road directly opposite the solid eastern side of Upper Circular Road south of it; thence by a straight line to post 27 at the solid south corner of the Junction of Halsibagan Road with Upper Circular Road; thence by the solid eastern side of Upper Circular Road marked by posts 28-34 to post 35; thence turning east to boundary pillar L on the North side of Maniktola Road; thence by a straight line to post 36 at the south corner of the junction of Maniktola Road with Upper Circular Road; as the North-western corner of the garden of Kali Pada Batik; thence along the eastern side of the lane on the eastern side of the raised platForm road and marked by posts 37-49 to boundary pillar M at the solid North corner of the junction of Gas Street and Upper Circular Road; thence by a straight line to boundary pillar N at the solid south corner of the said junction; thence keeping again to the eastern side of the lane on the eastern side of the raised platForm road along a line marked by posts 50-61 excluding the recently-made Ladies’ Park to boundary pillar 0 near the North pillar of the North entrance to North Station, Sealdah; thence by a straight line to boundary pillar P at the south corner of that entrance; thence by the comparatively straight lines from pillar to pillar connecting boundary pillars P, Q, R, S and T adjacent to the pillars Forming the corners of the various approached to Sealdah Station; thence among the solid eastern side of Lower Circular Road marked by posts 62-64 to pillar 65; thence turning west to boundary pillar U at the North-western corner of the out-patients’ department of the Campbell Hospital; thence by a straight line marked by posts 66 68 to boundary pillar V on the corner of the platForm to the right of the North entrance to the Calcutta Corporation Central Stores; thence by post 69 turning east to post 70; thence by posts 71-76, boundary pillars W and X at the solid corners of the southern junction of Police Hospital Road with Lower Circular Road; thence by posts 77-80, to boundary pillars Y and Z on the solid corners of the junction of Beniapukur Lane with Lower Circular Road, by posts 81-86 to boundary pillars A, and B, at the solid corners of the junction ofNonapukur or Bijli Road and Lower Circular Road, posts 87, 88, to boundary pillar C1, near the south-western corner of the Circular Road burial ground; thence by a straight line to boundary pillar D on the other side of the tramway lines; thence post 89 eastward to post 90; thence to boundary pillars E1 and F1 at the solid corners of the junction of Karaya Bazar Road and Lower Circular Road, posts 91, 92 to boundary pillar G1 opposite to Theatre Road, posts 93, 94 to boundary pillar H1, a few feet south of the point directly opposite the junction of Auckland Place and Lower Circular Road and following the curve of the road by posts 95 and 96 to reference pillar IV (which is on the boundary) on the eastern side of the junction of Beck Bagan Lane with Lower Circular Road.South. – A line commencing from the said reference pillar (V in a straight line to boundary pillar II, on the western corner of the junction of Beck Bagan Lane with Lower Circular Road; thence along the solid south side of Lower Circular Road to boundary pillars J, and K, at the solid corners of the junction of Ballyganj Circular Road and Lower Circular Road; thence by the solid south side of Lower Circular Road marked by posts 97,98 boundary pillars L1, M1, at the solid corners of the junction of Lansdowne Road with Lower Circular Road, post 99 southward to post 100, westward to post 101 Northward to post 102 and westward to post 103, boundary pillars N, and 01 at the solid corners of the junction of Woodburn Road with Lower Circular Road, Posts 104, 105 boundary pillars P, and Q, at the solid corners of the junction of Lee Road with Lower Circular Road; thence by the straight line links but broken boundary line Formed by posts 106-113, to boundary pillar R, on the south-eastern corner of the junction of Chowringhee with Lower Circular Road; thence by an oblique straight line to boundary pillar 5, on the south-western corner of the said junction (near a stone marked FW. B-26); thence by a line representing the present limits of the holdings on the south Circular Road and marked by posts 114-116, boundary pillars T, and U, at the solid corners of the junction of Hans Chandra Mukherjee Road and Lower Circular Road, posts 117-121; thence to boundary pillar V, near the North corner of the junction of Bhowanipore Road and Lower Circular Road; thence following the curve of the corner and the eastern side of Bhowanipore Road and the surplus lands attached thereto by a series of straight line links joining points marked by posts 122-124, boundary pillars Wr and X, at the junction of Sambhunath Pandit Street and Bhowanipore Road, posts 125-128 turning eastward to boundary pillar Y, on the North side of Sankaripara Road, posts 129, 130 to boundary pillars Z, and A2 across the entrance of Ketrapati Road into Bhowanipore Road; thence by posts 131, 132 to boundary pillar B, on the North-eastern side of Alipore Bridge; thence along a straight line joining the said boundary pillar B, with subsidiary reference pillar VII on the south-eastern side of the said bridge to a point where that straight line meets the water-line of Tolly’s Nala; thence along the water-line of Tally’s Nala to the North¬eastern corner of the District Magistrate’s compound; near which is boundary pillar C2; thence along the irregular Northern boundary of the Magistrate’s compound marked by posts 133-141 to boundary pillar D, at the south corner of the entrance to the Civil Surgeon’s house from Thackeray Road; thence southward along the western boundary of the Magistrate’s compound by posts 142-145 and along the southern boundary of that compound marked by posts 147,148 to boundary pillar E2 on the Bank of Tolly’s Nala; thence continuing the straight line from post 148 to boundary pillar E2 till it meets the water-line of Tolly’s Nala; thence along the water-line of Tolly’s Nala to a point in a direct line with the North side of the masonry drain running outside the Jail Garden near which is boundary pillar F; thence along the North side of the said drain in a straight line across Motee Jheel to post 149 against the boundary of the compound of the Magistrate’s Court; thence North-ward along that boundary to post 150 and westward to post 151 and Northward again along the boundary of the Army Clothing Agency to post 152; thence westward on the south side of the lane to boundary pillar G2 at the North¬western corner of the Police Hospital compound; thence along the wall of the Alipore Central Jail facing Belvedere Road and marked by pillars 153-157 to the North-western corner of the junction of Belvedere Road and Jail Lane following the corner eastward to post 158 and continuing along the south side of Jail Lane to post 159; thence by a straight line to boundary pillar H2 at the acute corner of the junction of ReFormatory Street with Jail Lane; thence to boundary pillar 1 2on the North-western side of Alipore Bridge; thence to boundary pillar J2 on the North-eastern side of the said bridge; thence by the solid south-western and western side of Bhownipore Road marked by posts 160-167; thence following the western corner of the junction of Bhowanipore Road and Lower Circular Road to boundary pillar K2 thence along the solid south side of Lower Circular Road following the sweep of the railings and marked by posts 168-172 to boundary pillar L, on the Lower Circular Road and east of its junction with Belvedere Road; thence following the natural bends of the corner marked by posts 173 and 174 to boundary pillar M2 on the eastern side of Belvedere Road; thence along the eastern side of Belvedere Road Now indicated by wooden railings and marked by post 175 to boundary pillar N2 on the North-eastern side of Zeerut Bridge; thence along the railings of the footpath on the eastern side of the bridge to boundary pillar 02 near its south eastern end; thence along a bent line following the shape of the bridge and marked by posts 176,177 to post 178 on the eastern side of the south extremity of the immediate approach to the bridge; thence by a straight line to boundary pillar P2 on the western side of the said extremity; thence turning North along the railings of the footpath on the western side of the bridge till it meets the water-line underneath the bridge; thence along the water-line of the south or Alipore bank of Tolly’s Nala trending Northwards under Hastings Bridge to a point where a straight line joining reference pillar V (near the south-western end of Hastings Bridge), to reference pillar VI (on the Howrah side of the river in a line with the Northern wall of the Bengal-Nagpur Railway Goods Yards) meets the water-line of the south bank of the bend of the Hooghly River, near the western side of the opening of Tolly’s Nala; thence continuing the said straight line till that said straight line meets the water-line of the Howrah side of the river Hooghly.West. – A line commencing from the point last defined along the water-line of the Howrah side of the River Hooghly to the western extremity of the Northern boundary.2. (a) When the expression “water-line” is used in this Schedule all pucca ghats and other objects permanently attached to the bank and in contact with the water shall be deemed to appertain to the area to which the land on that bank appertains, and the water in contract with such objects shall be deemed to appertain to the other side of the boundary. In places in the Schedule where the boundary is thus described the boundary line shall be the moving edge of the water wherever it may be at any time. In the case of bridges, however, the supporting pile in contact with the bank only shall be deemed to be permanently attached to the bank and the boundary-line across the bridge to be immediately above the water-line so described.

(b) The expression “solid side” or “solid corner” means the line or spot marked out by solid objects, such as a pucca wall or the face of a house, the wayside lands and pavements thus being all included in the adjacent road, street or lane.

Appendix V

Note submitted to the Hon’ble the Chief Justice

I have examined the records of this Court for several years and found that for over 50 years the Deputy Sheriff has acted as the Marshal of the Vice-Admiralty Court. He has always been independent of the Sheriff, save that when the services of an officer are required by the Marshal he has employed the Sheriff’s Officers such officers being under his orders as Deputy Sheriff. The employment of these officers may or may Not have been with the sanction of the Sheriff. There is Nothing to show what, if any, arrangement has existed on this point between the Sheriff and the Marshal or whether any remuneration is given by the Marshal to the Sheriff’s officers for services rendered to him. It is No part of the duty of the Sheriff’s officers, as such, to do work for the Marshal and it is Not improbable that some arrangement has existed and that some remuneration has been given by the Marshal to the officers employed by him.The order of the Hon’ble Sir Richard Garth, dated 2nd July, 1883, appointing the Deputy Sheriff for the time being to be the Marshal of the Vice-Admiralty Court appears to be a recognition of the long established practice and there can be No doubt that from the date of that order the Deputy Sheriff has been and will continue, until further order, to be the Marshal of the Vice-Admiralty Court, Now called the High Court as a Colonial Court of Admiralty.The accounts of the Registrar in Admiralty show that the Marshal acts as such in his own right and independently of the Sheriff. These accounts show that from the year 1858 the Marshal has paid into Court monies realised by him to the credit of the matters in which he has acted and that the Court has, out of the monies so paid in, made payments by cheques under orders of Court.I have been unable to find the books of accounts prior to 1858. It is quite true that the Deputy Sheriff is appointed by the Sheriff; but, once so appointed, he becomes, by virtue of the order of the Hon’ble Sir Richard Garth, Marshal of the Vice-Admiralty Court, Now the High Court as a Colonial Court of Admiralty. -The Sheriff is Not entitled to the fees of the Marshal who is in No way, as Marshal subject to the authority or the orders of the Sheriff. If the Sheriff desires to appropriate in whole or in part the fees of the Marshal he can only do so under a private arrangement entered into with the Deputy Sheriff but if there is No such arrangement the Sheriff canNot claim the Marshal’s fees or any part thereof as a matter of right.The records show that the Marshal may by Deed appoint a Deputy to do all acts which the Marshal himself could do and perForm. In the year 1864, Mr. Stephen Edward Collis, Marshal of the Vice-Admiralty Court, Calcutta appointed Mr. Richard Francis Stack to be his Deputy in the office of Marshal of the Vice-Admiralty Court and empowered him “to act as his Deputy in the said office and to transact all the usual and necessary business which is usually done and appertains to his office of Marshal of the Vice-Admiralty Court of Calcutta, and for the Marshal and in his name to sign, seal and execute all warrants, decrees, monitions or orders of the Vice-Admiralty Court and to make due return thereof and to Nominate and appoint Clerks and Bailiffs, Appraisers and Auctioneers and give receipts for all monies whatsoever to be received and collected in the office of the said Marshal” etc., etc. These deeds of deputation appear to have been frequently executed by the Marshal. The warrants of the Admiralty Court directed to the Marshal have been addressed and are still addressed to the Marshal and his Deputies. On the question that has arisen between the late Sheriff and the Marshal, there is No doubt that the latter is entitled in the absence of any private arrangement between him and.the Sheriff, to the fees payable to the Marshal.The Sheriff in his letter, dated 9th January 1911, to Mr. Pugh, refers to the order of Sir Richard Garth, dated 2nd July 1883, appointing the Deputy Sheriff for the time being to be the Marshal of the Vice-Admiralty Court and enquiries under what circumstances the order was made, whether it is a permanent order (meaning probably an irrevocable order), and whether Sir Richard Garth could by his order bind his successors. The order on the face of it shows that it is Not irrevocable. It is as follows-“Until further order I do hereby appoint the Deputy Sheriff for the time being to be the Marshal of the Vice-Admiralty Court.”It was open to the then Chief Justice, Sir Richard Garth, to pass another order which would have the effect of revoking his order of 2nd July 1883 and it was and is open to any succeeding Chief Justice to make any other order His Lordship may be pleased to make.

Appendix W

The Judgment of Peacock, C. J. in Kamtaproshad

Misser v. Ramalal Sookool

Special Appeal No. 2507 of 1868

Kamtaproshad Misser …. Appellant

versus

Ramalal Sookool Respondent

Barristers who take precedence, inter se, from the date of being called to the bar in England, have the right of pre-audience before vakeels, and take precedence over attornies, both qua-attornies and qua-vakeels.Vakeels take precedence, inter se, from the date of admission.Peacock, C.J. – The question which has been raised in this case appears to me to be a very important one – Not merely as a particular question between the two gentlemen, one of whom claims the right of pre-audience as a barrister, and the other, as a vakeel, denies that right, but as a general question between two counsel, whether the barrister or the vakeel should be allowed to plead first in a case. It is exceedingly important that a client should kNow which of two counsel selected by him should first address the Court. If we constantly change the rule of practice on this point, the client will Not kNow whom he is to employ; and I think it very important that existing practice should be followed until it is altered.I kNow of No strict rule of law which says that an advocate in this Court shall take pre-audience, Not from the date of his being admitted in this Court, but from the date of his being called to the bar in England. Whether that practice is good or Not, we found it existing in the late Supreme Court and followed it in this Court and until there is some Notification given to persons interested in bringing suit in this Court, it would be injudicious on the part of this Court to change the practice and say that the right of pre-audience depends upon the date of admission in this Court.It was a well-established rule in England that barristers took precedence over attornies, and when the late Supreme Court was established, in which English law as a general rule was to be administered, there can be No doubt that the practice in England continued there, and barristers did take precedence. The rule is so well kNown in England that it can scarcely be imagined that the Legislature in England, or the Secretary of State for India, could be igNorant of that rule.We find that barristers were allowed by Act I of 1846 to practise in the Sudder Court, subject to the rules “applicable to pleaders relating to the language in which the Court is to be addressed