CIVIL RULES OF PRACTICE, KERALA

 

PREAMBLE

Whereas it is expedient to unify and consolidate the Civil Rules of Practice now in force in the State and whereas it is expedient to incorporate with them the Circular Orders and instructions issued from time to time by the High Court and whereas it is expedient to frame uniform rules for the whole State;

By virtue of the powers conferred by Section 122 of the Code of Civil Procedure, 1908, the Kerala Court Fees and Suits Valuation Act, 1959, and all other powers thereunto enabling and with the previous approval and confirmation of the Government conveyed under G.O. (M.S.) No. 239/70/Home, dated 19th November, 1970, the High Court of Kerala hereby makes the following rules to regulate the procedure and practice in the Subordinate Civil Courts in the State:-

PRELIMINARY

Rule - 1. Short title.

These rules may be cited as the Civil Rules of Practice, Kerala.

Rule - 2. Commencement.

These rules shall come into force on such date[1] as may be notified by the High Court and shall apply, as far as may be, to all pending proceedings.

Rule - 3. Repeal.

All the rules contained in the Civil Rules of Practice, Travancore-Cochin and Civil Rules of Practice and Circular Orders, Madras, shall on these rules coming into force stand cancelled.

Rule - 4. Forms.

The Forms in Appendix I hereto shall be used with such variations as circumstances may require.

Rule - 5. Definitions.

In these rules unless there is anything repugnant in the subject or context,

(1)     "Address for service" means the place appointed by a party or his pleader at which service of summons, notice or other process, may be made on such party;

(2)     "Application" includes cheque application, execution application, execution petition and interlocutory application whether written or oral;

(3)     "Cheque application" means an application made for the issue of a cheque;

(4)     "Clear days" excludes the first and the last day;

(5)     "Code" means the Code of Civil Procedure, 1908, as amended from time to time;

(6)     "Execution Petition" means a petition to the court for the execution of any decree or order;

(7)     "Execution application" means an application to the Court made in a pending execution petition;

(8)     "First hearing" includes the hearing of a suit for settlement of issues and any adjournment thereof;

(9)     "Interlocutory application" means an application to the court in any suit, appeal or proceeding already instituted in such court other than a proceeding for execution of a decree or order;

(10)   "Original petition" means a petition whereby any proceeding other than a suit or appeal or a proceeding in execution of a decree or order is instituted in a Court;

(11)   "Proceeding" includes all documents presented to or filed in Court by any party, or Commissioner or other officer of Court, other than documents produced as evidence;

(12)   "Verified" means verified in the manner provided by Order VI, Rule 15 of the Code; and

(13)   All other expressions used herein shall have the respective meanings assigned to them by the Code or the General Clauses Act, 1897 as the case may be.

Rule - 6. Reckoning of prescribed days.

In all cases in which any particular number of days not expressed to be clear days is prescribed by these rules the same shall be reckoned exclusive of the first day and inclusive of the last day unless the last day falls on a day on which the office of the Court is closed in which case the time shall be reckoned exclusively of that day also, and of any other following day or days during which the office may continue to be closed.

Rule - 7. Service of Notice.

Except where otherwise provided by the Code or these rules, or any law for the time being in force, any notice directed to be given to any party shall be in writing, and may be served by the party or his pleader or agent on the other party, or his pleader or agent personally, his signature being taken in acknowledgement of such service; or by registered post, prepaid for acknowledgement to the address for service of the party or agent.

Rule - 8. Office hours.

The offices of Courts shall be open on all working days from 10.30 a.m. to 5 p.m. or during such other hours as may be notified by the High Court from time to time.

Rule - 9. Sitting of Courts.

(1)     The Courts shall ordinarily sit from 11 a.m. to 5 p.m. with a break not exceeding an hour.

(2)     No case shall be heard and no judicial act shall be formally announced or done on a holiday save in exceptional circumstances of which a full report shall be made to the High Court.

CHAPTER I GENERAL

A. FORM OF PROCEEDINGS

Rule - 10. Form of plaints, etc.

All plaints, written statements, applications, affidavits, memoranda of appeal and other proceedings presented to the Court, shall be written in blue-black ink, or typewritten, or printed, fairly and legibly on stamped paper or on substantial transparent foolscap folio paper, with an outer margin of about 4 cm. and an inner margin of about 1.5 cm., and separate sheets shall be stitched together book-wise. Number shall be expressed in figures. Except in the case of plaints, written statements, or memoranda of appeal, the writing, typewriting or printing may be on both sides of the paper:

Provided however that the last sheet in all cases be written, typewritten or printed on the inner page only.

Rule - 11. Cause title of plaint, etc.

A plaint or original petition shall be headed with a cause title as in Form No. 1. The cause title shall set out the name of the Court, and the names of the parties, separately numbered, and described as plaintiffs and defendants or petitioners and respondents as the case may be.

Rule - 12. Cause title of Memorandum of Appeal and Revision Petitions.

(1)     A memorandum of appeal shall be headed with a cause title setting out the names of the Courts to and from which the appeal is brought, the names of the parties, separately numbered and described as appellants and respondents, and also the full cause title of the suit or matter in the lower Courts as in Form No. 2.

(2)     The provisions of sub-rule (1) shall mutatis mutandis apply to revision petitions.

Rule - 13. Cause title of subsequent proceedings.

All proceedings subsequent to the plaint or original petition shall be headed with a cause title as in Form No. 3 and all proceedings subsequent to a memorandum of appeal or revision petition except interlocutory applications shall be headed with a cause title as in Form No. 4.

Rule - 14. Description of Contents.

Every proceeding shall also contain, immediately after the cause-title, a short description of its contents as in Form No. 5 or 6.

Rule - 15. Names, etc., of parties.

The full name, age, residence, address and description of each party, and if such is the case, the fact that a party sues or is sued in a representative character, shall be set out at the beginning of the plaint, original petition, or memorandum of appeal as in Form No. 5 but need not be repeated in the subsequent proceedings in the same suit, appeal or matter. The description shall include the surname father's, mother's, husband's or karanavan's name as the case may be and such other particulars as may be necessary to identify the person. This applies also to parties subsequently added.

Rule - 16.

(1)     List of documents to accompany plaint or proceeding.

Every plaint or other proceeding shall at the foot thereof, contain a list, signed by the party or his pleader, of the documents filed therewith as in Form No. 7 or a statement signed as aforesaid, that no document is filed therewith.

(2)     Form prescribed for list filed under Order XIII, Rule 1-The list of documents, if any, filed by the parties under Order XIII, Rule 1 of the Code shall be in Form No. 7.

Rule - 17. Section of the Court Fees Act to be stated.

Every plaint, memorandum of appeal, cross objection or written statement on which court fee has to be paid shall state under what section of the Court Fees Act then in force it falls for the purpose of taxation and the value of the subject matter for the purpose of jurisdiction.

Rule - 18. Proceedings in respect of immovable property.

Every plaint or other proceeding (other than a memorandum of appeal) in which relief is sought with respect to immovable property, shall state in a tabular form the registration district and sub-district, taluk and village in which the property is situate, its survey number, extent and its name, if any, as also its boundaries. In the case of paddy lands, the name, if any, of the tract, ela, or padom in which the property is situate shall be stated. In cases where the value of the property is required to be estimated for purposes of court-fees the particulars required by Section 10 of the Kerala Court Fees and Suits Valuation Act, 1959 shall be furnished in respect of each item.

Rule - 19. Leave to sue.

(1)     If under Section 20(b) of the Code leave of the Court to institute the suit therein is required, the plaint shall contain a prayer that leave may be granted, and shall be accompanied by an affidavit stating the residence and occupation of the several defendants, and the reasons for instituting the suit in that Court.

(2)     If leave to sue is granted the summons to the defendant shall contain the notice set out in Form No. 8.

(3)     The Court may, in its discretion, issue notice of the application to the defendant, before granting leave.

Rule - 20. Suits by or against numerous parties.

(1)     As application under Order I, Rule 8 of the Code shall be supported by an affidavit stating the number or approximate number of the parties and the places where they respectively reside; that they all have the same interest in the subject matter of the suit, and the nature of the said interest; and the best means of giving notice of the institution of the suit to the said parties, and the probable cost thereof.

(2)     If the application is made by the plaintiff, it may be in Form No. 9 and the estimated cost of giving notice of institution of the suit shall, at the same time, be deposited in Court. The plaint shall state that the plaintiff sues on behalf of himself and other persons interested in the subject matter of the suit, or sues the defendant as representing all persons so interested; and the summons to the defendant shall contain the notice set forth in Form No. 10.

(3)     If the application is made by a defendant, notice thereof shall be given to all parties to the suit and to such others and in such manner as the Court may direct, and if permission is granted, the plaint shall be amended by inserting a statement that the defendant is, with the leave of the Court, sued as the representative of all persons interested in the subject matter of the suit.

Rule - 21. Adding additional parties.

(1)     If an application is made to add any person as plaintiff, or as the next friend of a plaintiff, he shall either appear in person, in which case his consent to be so added shall be recorded by the Judge in writing, or a written consent thereto, signed by him and authenticated by a person authorised to take affidavits, shall be filed in Court.

(2)     When any person is made a party to a suit, appeal or proceeding, either on his own application or otherwise, the name of such person and his position in the suit, appeal or proceeding shall be entered in the plaint, appeal memorandum or the principal application, as the case may be in red ink over the signature of the chief ministerial officer, and in the institution register. The proceedings under which such addition is made shall also be entered. When fresh parties are brought in they shall be numbered consecutively after the plaintiffs or defendants, as the case may be, already in the suit or proceeding. The striking out of any party will be similarly entered.

Rule - 22. Party appearing by agent.

(1)     When a party appears by an agent other than a pleader, the agent shall, before making any appearance or application, or doing any act before the Court, file in Court the power of attorney, or other written authority thereunto authorising him or a properly authenticated copy thereof; or, in the case of an agent carrying on a trade or business on behalf of a party without a written authority, an affidavit stating the residence of his principal, the trade or business carried on by the agent on his behalf and the connection of the same with the subject matter of the suit, and that no other agent is expressly authorised to make such appearance, or application or do such act.

(2)     The Judge may thereupon record in writing that the agent is permitted to appear and act on behalf of the party; and until the said permission is granted, no appearance, application or act of the agent shall be recognised by the Court.

Rule - 23. Signing or verification by agent.

If any proceeding which under any provision of law or these rules, is required to be signed or verified by a party, is signed or verified by any other person on his behalf, a written authority in this behalf signed by the party, except in the case of persons under disability, shall be filed in Court, with an affidavit by such person verifying the signature of the party, and stating the reasons for the inability of the party to sign or verify the proceeding.

Rule - 24. Signing.

Every pleading shall be signed by the party and his pleader, if any; and all other proceedings shall be signed by the party or pleader.

Rule - 25. Date and Signature.

(1)     Whenever under the Code or under these rules or any other law for the time being in force, any proceeding filed in Court has to be signed by any party, he shall subscribe his name beneath or against his signature:

Provided that when the signature consists of his name, it is not necessary that the name should be repeated, but if the name be not easily decipherable from the signature the name should be legibly written.

(2)     Every proceeding filed in Court shall be dated the day it is signed as also the day it is presented in Court.

Rule - 26. Docketing.

All proceedings and other documents filed in Court shall be docketed on the reverse of the final page endorsing the name of the Court, the number and year of the suit or other proceeding to which it relates, the name of the person presenting the same and the date of presentation in Court. In addition to the above particulars, in the case of a plaint, memorandum of appeal or petition, an abbreviated cause title and a short description of its contents shall also be given in the docket as in Form No. 11.

B. APPOINTMENT OF PLEADERS

Rule - 27. Form and attestation of vakkalath.

(1)     Every vakkalath shall, unless otherwise permitted by the Court, be in Form No. 12 and may authorise the pleader to appear in all execution and miscellaneous proceedings in the suit or matter even subsequent to the decree or order passed therein. The name of the pleader or the pleaders if more than one pleader is appointed shall be inserted in the vakkalath before it is executed. It shall be dated at the time of its execution and of its acceptance. Its execution shall be attested by a judicial officer, a District Registrar, or a Sub Registrar, the chief ministerial officer of Civil or Criminal Court in the State of Kerala, a member of Parliament or of the Legislature of any State in India, the Chairman, Executive Authority or member of any Municipal Council or Corporation, or other local authority in India, a Village Officer, a Gazetted Officer in the service of the Central Government or of any State in India, a commissioned officer in the Defence Forces of India, or an Ambassador or Envoy duly accredited by or to the Central Government, or a pleader other than the pleader accepting the vakkalath:

Provided that any other person may attest the vakkalath where the executant is personally known to the pleader in whose favour the vakkalath is executed and where the executant signs the same in the presence of the pleader and an endorsement is made by the pleader to the above effect.

(2)     The authority attesting the vakkalath under sub-rule (1) shall certify that it has been duly executed in his presence and subscribe his signature over his name and designation. No vakkalath shall be attested unless the pleader's name is inserted therein previous to its execution. When a vakkalath is executed by a party who appears to the person before whom it is executed to be illiterate, blind or unacquainted with the language in which the vakkalath is written, the person shall certify that the vakkalath was read, translated and explained in his presence to the executant, that he seemed to understand it and that he made his signature or thumb mark in his presence.

(3)     The execution of a vakkalath by a person in custody may be authenticated by the Jailer, Station House Officer or other officer-in-charge.

(4)     When the executant of Vakkalathnama is himself a Public Officer of whose signature a Court may take Judicial notice authentication of the Vakkalathnama is not necessary.

(5)     Every vakkalath shall contain an endorsement of the pleader in whose favour it is executed that it has been accepted by him. There shall also be endorsed on the vakkalath a statement of his address for service. If more pleaders than one are named in the vakkalath it shall be accepted by all such pleaders but the address for service may be of any one of them.

Rule - 28. Change of Vakkalath.

A pleader proposing to enter appearance in a suit or other proceeding for a party for whom there is already a pleader on record, may not do so unless he produces the written consent of such pleader, or where such pleader refuses his consent, he obtains the special permission of the Court.

C. PRESENTATION OF PROCEEDINGS AND DOCUMENTS IN COURT

Rule - 29. Presentation of Proceedings and Documents.

(1)     All plaints, written statements, memoranda of appeal, applications and other documents may be presented to or filed in Court by delivery of the same personally by the party, his pleader or pleader's registered clerk to the Chief Ministerial Officer of the Court or any officer specially authorised in that behalf, at any time before 3 p.m. or if the presiding officer so directs even after 3 p.m. during office hours. The said officer shall at once initial the paper endorsing thereon the date of presentation, and, if a proceeding is thereby instituted, noting thereon its serial number.

(2)     No document or proceeding required to be presented to or filed in Court shall be so received or filed if sent by post, telegram or phonogram:

Provided that in cases where an Official Receiver or other officer appointed by any Court does not intend to defend or contest any proceeding before a Court in which he is impleaded in such capacity as a party or wishes to bring a formal defect in the proceeding to the notice of the Court, he may inform the Court accordingly by a statement in writing in the form appropriate to the proceeding, and send it to the Court by post or personal messenger.

Rule - 30. Date stamping of papers.

All papers presented in Court shall be sealed with the date stamp of the Court immediately they are received.

Rule - 31. Cancellation of stamps.

(1)     The chief ministerial officer of the Court shall, on receiving any document which is stamped, cancel the same with his initials and date and shall also note on the top of the document the total value of the stamp the document bears.

(2)     All court-fee stamps, whether impressed or in the form of labels, in every document received by the Court, shall be cancelled in the immediate presence of the chief ministerial officer, by punching out the insignia of the State in the stamps in such manner as to leave the amount designated in the stamps untouched.

Rule - 32. Curing of defects.

Any plaint, petition, memorandum of appeal or other proceedings which is insufficiently stamped or undervalued or which requires any amendment to conform to the procedure or practice of the Court shall be returned for being represented within a period of not exceeding 15 days of the order, after curing the defects; or the pleader or the party may be required to cure the defects within a period not exceeding 15 days of the order.

D. POSTING OF CASES

Rule - 33. Posting of cases.

(1)     The posting of cases shall be to definite dates and shall be made in open Court. Unless the Judge otherwise orders, every case shall be called on the day and in its order on the file of the Court.

(2)     If the presiding officer is absent on any day the dates to which cases posted for that day are adjourned shall be notified on the notice board of the Court over the signature of the chief ministerial officer under the orders of the presiding officer on the next day on which the latter attends the Court.

[2][2A. In places where there are more Courts than one having co-ordinate jurisdiction, if the presiding officer of any court is absent on any day, the seniormost presiding officer present shall, without interruption to his ordinary duties, assume charge of the presiding officer who is absent and shall discharge such of the current duties thereof as are connected with the filing of suits, appeals, applications and the execution of processes and the like and also the adjournment of the cases listed before that Court and shall continue in charge of the office until the same is resumed or assumed by the officer duly appointed thereto.]

(3)     The number of cases posted for a day should not exceed what can reasonably be expected to be taken up on that day after making due allowance for unavoidable adjournments.

E. ADJOURNMENTS

Rule - 34. Adjournments to be to a day certain.

All adjournments shall be to a day certain and the day shall be fixed with due regard to the convenience of the parties and the business of the Court.

Rule - 35. Proceedings not to be adjourned sine die or struck off the file.

(1)     No suit, appeal, matter or proceeding shall, under any circumstances whatever, be adjourned sine die or struck off the file, and if by inadvertence a day certain for the further hearing is not fixed by the Court or a case is ordered to be struck off the file, the case shall be posted and taken up for hearing, with the least possible delay, after notifying on the Court's notice board and giving notice to the pleaders, if any, appearing in the case:

Provided that in a suit for partition in which a preliminary decree has been passed, the Court may adjourn the proceedings sine die, with liberty to any of the parties to whom shares have been allotted to apply for the passing of a final decree.

(2)     All stayed cases shall be adjourned from time to time to certain dates and the presiding officers shall personally satisfy themselves that the stay is in operation each time they adjourn the cases.

Rule - 36. Cases to be heard from day to day.

As far as possible suits or proceedings, when commenced, are to be heard from day to day. Adjournments should be avoided if possible but when unavoidable should be ordered as early in the course of the day as possible.

Rule - 37. Costs of adjournment.

Except where an adjournment is granted with the consent of all parties, or is necessitated by the business of the Court, or by the act or default of any other party, the party desiring an adjournment shall be ordered to pay the costs thereof including the expenses of re-summoning the witnesses, if any, and the fee of the pleader of the other party.

Rule - 38. Advancement of hearing.

Any party who desires that the hearing be advanced, may apply therefore by interlocutory application of which notice shall be given to the other party.

F. INTERLOCUTORY PROCEEDINGS

Rule - 39. Form of interlocutory applications.

[3]Interlocutory applications in plaint, original petition, appeal or other proceedings shall have a cause title which may be drawn up in the manner as shown in Form No. 13.

Rule - 40. Contents thereof.

Except where otherwise provided by these rules or by any law for the time being in force, an interlocutory application shall state only the order prayed for, and shall not contain any statement of facts or arguments.

Rule - 41. Notice.

Unless the Court otherwise orders, notice of an interlocutory application shall be given to the other parties in the suit or matter or to their pleaders, not less than three days before the day appointed for the hearing of the application.

Rule - 42. Evidence by affidavit.

Any fact required to be proved in an interlocutory proceedings shall, unless otherwise provided by these rules, or ordered by the Court, be proved by affidavit; but the Judge may, in any case direct evidence to be given orally; and thereupon the evidence shall be recorded, and the exhibits marked in the same manner as in a suit and lists of the witnesses and the exhibits shall be prepared and annexed to the order.

G. AFFIDAVITS

Rule - 43. Form of affidavit.

Every affidavit shall be drawn up in the first person and be divided into paragraphs numbered consecutively; and each paragraph as nearly as may be shall be confined to a distinct portion of the subject matter.

Rule - 44. Contents of affidavit.

Every affidavit shall state the full name, age, description and place of abode of the deponent, and shall be signed or marked by him. Where the affidavit covers more than one page, the deponent shall sign every page. The description shall include the father's or karanavan's or husband's or mother's name and such other particulars as may be necessary to identify the person.

Rule - 45. Alterations, erasures, etc.

Alterations, erasures and interlineations shall, before an affidavit is sworn or affirmed, be authenticated by the person before whom the affidavit is signed, and no affidavit having therein any alteration, erasure or interlineation not so authenticated, shall, except with the leave of the Court, be filed or made use of in any matter.

Rule - 46. Persons authenticating affidavits.

Affidavits may be sworn or affirmed before any judicial officer, a District Registrar or Sub Registrar, the chief ministerial officer of any civil or criminal Court in the State of Kerala, a member of Parliament or of the Legislature of any State in India, the Chairman or Executive Authority or a member of any Municipal Council, Corporation or other local authority in India, a gazetted officer in the service of the Central Government or the Government of any State in India, a commissioned officer in the Defence Forces of India, or a pleader.

Rule - 47. Mode of authentication.

The person before whom an affidavit is sworn or affirmed shall state the date on which, and the place where the same is made, and sign under his name and designation at the end as in Form No. 14.

Rule - 48. Blind or illiterate deponent.

Where an affidavit is sworn or affirmed by any person who appears to the person authenticating the affidavit to be illiterate, blind or unacquainted with the language in which the affidavit is written, the person authenticating shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent, that the deponent seemed to understand it, and made his signature or mark in the presence of the person authenticating as in Form No. 15.

Rule - 49. Identification of deponent.

(1)     If the deponent of an affidavit is not known to the person authenticating the same, the identity of the deponent shall be caused to be testified by any person known to him who shall attest the signature or mark of the deponent in token thereof.

(2)     Where the deponent is a pardanashin lady, she shall be identified by a person to whom she is known and that person shall verify the identification by a separate affidavit.

Rule - 50. Documents referred to in affidavits.

Documents mentioned in and accompanying an affidavit shall be referred to as exhibits and shall be marked in the same manner as exhibits admitted by the Court and shall bear a certificate as in Form No. 16 signed by the person before whom the affidavit is sworn or affirmed.

Rule - 51. Affidavit stating opinion.

Every affidavit stating any matter of opinion shall show the qualification of the deponent to express such opinion, by reference to the length of experience, acquaintance with the person or matter as to which the opinion is expressed or other means of knowledge of the deponent.

Rule - 52. Affidavit on information or belief.

Every affidavit shall clearly express how much is a statement of the deponent's knowledge and how much is a statement on his belief, as in Form No. 17. The grounds of belief must be stated with sufficient particularity to enable the Court to judge whether it would be safe to act on the deponent's belief.

Rule - 53. Filing of affidavits in Court.

Except with the leave of the Court, no affidavit which has not been filed in Court and of which copy has not been given to the opposite side at least 3 days before the hearing shall be used in any matter.

Rule - 54. Cross examination of deponent.

The Court may at any time direct that any person shall attend to be cross examined on his affidavit.

Rule - 55. Counter affidavits.

The parties to whom copies of affidavits have been given shall be entitled to file counter affidavits, copies of which shall be given to the opposite parties, who may if they choose, file further affidavits in reply; but except with the leave of the Court, no further affidavits shall be filed.

H. ORIGINAL PETITIONS

Rule - 56. Original petitions to state provision under which it is presented.

An original petition shall, in addition to the particulars required by Rules 11 and 13, also state the provision of law or authority under which it is presented as in Form Nos. 5 and 6. If it is not intended to serve any person with notice of the petition, it shall be so stated, and the petition shall be headed, as in Form No. 6; but if the Court directs any person to be made a party, the cause-title shall be amended to conform to Form No. 1.

I. TRANSFER OF SUITS OF OTHER PROCEEDINGS

Rule - 57. Application for transfer.

(1)     An application for the transfer of a suit, appeal or other proceeding from one Court to another shall be made by original petition entitled in the matter of the pending suit, appeal or other proceedings as in Form No. 18. Notice of the application as in Form No. 19 shall be issued and served on the other parties to the suit or other proceeding.

(2)     The application shall be supported by an affidavit stating the respective residences of the several parties to the suit, appeal or other proceeding, the places in which the several portions of the subject matter of the suit, etc. are respectively situate and the several jurisdictions within which the said residences and the places are respectively situate, and any other facts on which the application is based.

(3)     A separate application shall be presented in respect of each suit, appeal or other proceedings of which transfer is sought.

CHAPTER II PROCESSES

Rule - 58. Process fees.

Process fee shall be leviable at the rates prescribed from time to time under the Court Fees Act.

Rule - 59. Language to be used in processes.

Processes shall ordinarily be issued in the language of the Court through which they have to be served. But where the person to be served is residing outside the State or is not an Indian National whether resident within or without the State or is an employee in the Service of any other State in India or of the Central Government, processes in the English form alone shall be used.

Rule - 60. Signing of processes.

Every warrant of arrests shall be signed by the Judge or the Chief Ministerial Officer. All other processes may be signed by the Central Nazir or Deputy Nazir.

Rule - 61. Production of copies for service.

(1)     In any proceeding in which summons or notice has to be issued by any Court to any person, the party presenting the plaint, memorandum of appeal, cross objection or application shall also file in Court a process memo affixing the necessary stamps for the issue of process together with a sufficient number of copies of the plaint, memorandum of appeal, objection or application for service on the parties concerned along with the summons or notice.

(2)     The copies above referred to shall be certified as correct by the party presenting the same or his pleader and shall show the date of presentation of the original and the name of the pleader, if any, who presented the same.

(3)     In all cases where processes of the nature of summons and notices have to be issued, the parties on whose behalf such summons or notices are issued or their pleaders shall, along with the process memo, file printed forms of processes in duplicate, legibly filled up leaving the date for appearance and the date of the process blank.

(4)     In the case of summons, the party or his pleader shall leave the portion relating to the purpose of the summons intact and the Court, after it has determined the purpose for which the summons is to issue, shall strike out the portions of the form which do not apply.

(5)     The parties or their pleaders shall sign the form in the left bottom corner and will be responsible for the accuracy of the entries.

(6)     When orders for the issue of processes are passed by the Court the date fixed for appearance will be inserted in the form and the process will be dated and signed by the officer of the Court duly authorised.

(7)     Printed forms of processes will be supplied by the office of the Court on payment of one paise per form.

(8)     The Judge may, in his discretion, direct in any particular case that the forms of process be entirely filled up in the office of the Court.

(9)     In the case of service by post the necessary envelope and postal acknowledgement from with the address of the party to be served written thereon shall be produced along with the processes by the party or pleader.

Rule - 62. Form of summons to Presiding Officers of Parliament and State Legislatures.

Whenever the presiding officer of a House of Parliament or of a State Legislature or the Chairman of a Committee thereof is required to appear in any Court as a party in a case before it, the Court shall send a letter instead of a summons to such person as provided in Order V Rule 30 of the Code.

Rule - 63. Fixing of date for appearance of parties.

(1)     The date for appearance of parties shall be so fixed by the Court as to allow a reasonable time between the date of service and the date of hearing. In the case of original suits, original petitions, small cause suits and appeals it shall be not less than 7 days provided that in the case of suits in which the State is a defendant, the time allowed shall be not less than 30 days.

(2)     If service is within the periods as above fixed and the party does not appear, the Court shall adjourn the hearing to a beyond the prescribed periods and notice of such day shall be given to the party. In such cases the Court may, if it thinks proper, direct the issue of fresh summons.

Rule - 64. Copies to be attached to the original process.

Along with every original process issued, either for service personally on the parties or for service by affixture, there shall be attached as many copies of the process as may be required.

Rule - 65. Postal Charges.

The postage required for the transmission of process by post shall be met by the Court by use of service stamps. The cost of the service postage stamps shall be treated as part of the cost of the process serving establishment and shall be paid from General Revenues.

Rule - 66. Endorsement and return of process received from outside.

Any court receiving processes for service from any Civil Court of any other State in India shall accept the certificate endorsed on the process by the Court issuing the same as sufficient proof that the proper fee for the issue thereof has been paid and shall deliver such process to the proper officer of the Court for service and shall re-transmit the process to the Court from which it was received with a return in the form prescribed and with an endorsement of the process server showing in what manner service has been effected and if the service has not been effected, the reason for the non-service; and such endorsement shall be verified by an oath or affirmation of the process server. If such endorsement and verification are in a local language, the return shall be accompanied by a true translation of the same in English.

Rule - 67. Transmission of return.

(1)     The return, etc., referred to in the above rule shall be transmitted to the Court which issued the process by post [4][x x x x],

(2)     Notwithstanding anything contained in Rule 9(3) of Order V of the Code, the process referred to in the last preceding rule shall be served through the process server of the court.

Rule - 68. Batta to witnesses outside State.

When the process issued for service to any Court outside the State is for appearance of any person as a witness, the amount of batta and travelling allowance he is entitled to shall be remitted with the process by money order, and in such cases the money order commission shall also be paid into Court by the party at whose instance the process is issued.

Rule - 69. Summons to witnesses.

(1)     The party who desires the attendance of witnesses before the Court or before a Commission appointed to take evidence shall present a list in Form No. 20 of the persons whose attendance he requires, stating their full names, residence and description and also whether they are required to give evidence or to produce any document and shall specify the date, if any, and the description of the documents sufficient to identify them, and shall with such list deposit in Court the prescribed fees for service of summons and postal and money order charges if any required, and the total amount of allowance to which the said persons are entitled for travelling and attendance in Court.

(2)     Where the party proposes to produce witnesses without summons he shall file a list of such witnesses in the same form with appropriate modifications.

(3)     Unless otherwise ordered by the Court, the lists mentioned in sub-rules (1) and (2) shall be filed in Court and copies of the same shall also be served on the opposing counsel, in cases where there is appearance by counsel, at least 10 days before the date fixed for trial. In default the Court may refuse to examine the witness.

(4)     When witness summons is served by the parties, a process memo, duly stamped and signed by the pleader, together with the witness summons duly filled up, except the date of appearance, shall be filed. After the summons is made out by the office, if shall be handed over to the party or his pleader for service with a direction to return the original before the date of hearing. Where the party serves the summons on the witness directly, the expenses mentioned in sub-rule (1) shall be paid to the witness by the party or his agent as provided for in Rule 2(4) of Order XVI of the Code.

Rule - 70. Scale of allowances.

Allowances shall be calculated according to the following scale:

Rule - 71. Service of process on Government Servant.

When summons is issued to any Government servant other than the Head of an office as a witness the Court issuing the summons shall ordinarily sent it in duplicate to the Head of the Office in which such person is employed with a letter for service on the person noted in the process and such Head of the office, on receipt of such process, shall cause the summons to be served on the witness and return it to the Court under his signature.

Rule - 72. Processes to be issued in their order.

As a rule, processes must be issued for service, in the order of receipt, but preference must be given to those with emergent batta and those specially ordered by the presiding officer.

Rule - 73. Processes to common guardian of several minors.

Where more minors than one are represented by the same guardian in a proceeding, it is not necessary to issue separate processes to each minor. It is enough if one process is issued to the guardian as representing all the minors.

Rule - 74. Processes to be dated and sealed.

All processes shall be dated and sealed with the seal of the court issuing the same. They shall also specify the date for return after service.

Rule - 75. Return of service-nature of endorsement.

Except where the summons or notice is sent by registered post, the return of the serving officer shall state the manner in which the process was served, the place, date and time of service and whether he is previously acquainted with the person served and, if not, by whom such person was identified.

Rule - 76. Return in case of refusal.

If the person to be served refuses to sign the acknowledgement of service the return shall state that he was informed of the nature and contents of the process and in the case of a plaint that upon applying to the office of the Court he could obtain a copy thereof.

Rule - 77. Service by affixture to the outer door.

If a process is affixed to the outer door of a house in the absence of the person to be served, the serving officer shall, when he returns the process, make an affidavit on the following matters:

Explanatory Note.The rates of T.A./D.A. payable to the witnesses under R. 70 were fixed some time back and require an upward revision in view of the increase in the cost of living and transportation charges. Hence amendment.

(1)     the number of times and the dates and hours at which he went to the house and the attempts made by him to find the person to be served;

(2)     whether he had any and what reason to suppose that such person was within the house or its neighbourhood and was endeavouring to evade service;

(3)     whether any adult member of the family of the person to be served was residing with him; and

(4)     the Municipal or Panchayat number of the house.

Rule - 78. Repeated attempts to be made to effect service.

When the process is returned unserved for the reason that the person to be served could not be found, further attempts should be made to effect personal service on the same batta if the hearing date is sufficiently distant.

Rule - 79. Serving officer to affix special notice.

If a summons or notice is affixed to the outer door of a house, the serving officer shall affix therewith a notice that the party can, upon application to the office of the Court, obtain a copy of the plaint and shall, in his return, state that he has done so and shall return the copy of the plaint accompanying the process to the Court.

Rule - 80. Verification of return.

(1)     The return of service shall be verified by the affidavit of the serving officer and the Central or Deputy Nazir shall administer the oath to or take the affirmation of the process server.

(2)     Verification of witness to the return.

If the process server is not previously acquainted with the person to be served, he shall have him identified by the Village Officer or by some other respectable person who knows him and the return shall be supported by a verification at the foot thereof made and signed by the person making the identification. The full name and address of such person shall be set out in the verification.

(3)     Illiterate or blind persons.

When the person served is illiterate or blind his thumb impression shall be taken in acknowledgement.

(4)     Discrepancy to be explained.

When the name in the signature of the person served, differs from the name given in the process, the discrepancy must be explained in the verification of the process server.

(5)     Service on Agent.

Where another person accepts the summons on behalf of the person to be served, it should be noted whether the person served is living with or is undivided from the person on whose behalf he accepts service and in the case of an agent, whether he is duly authorised to accept service.

Rule - 81. Officer to whom processes should be transmitted for service.

The proper officer to whom processes shall be transmitted for service under Order V, Rule 9 of the Code shall be:

(a)      The Central Nazir in respect of all processes issued by any Court located or having jurisdiction at a station where there is a Central Nazir, for service within the jurisdiction of a Munsiff located at such a station.

(b)      In all other cases the Deputy Nazir of the Court within the jurisdiction of which the process is to be served.

Rule - 82. Presentation of memoranda for issue of processes.

All memoranda for issue of processes except those in respect of emergent processes, whether money is deposited with them or not, and except those presented along with the plaint, memorandum of appeal, cross-objection or application to the chief ministerial officer, shall be presented to the Central Nazir or Deputy Nazir, who shall enter them in Register No. 36. Where money is deposited it shall be paid to the Central or Deputy Nazir who shall grant a receipt to the party. He shall maintain as many receipt books and as many registers as there are Courts whose processes are served by him.

Rule - 83. Subsequent procedure.

The application shall next be entered in Register No. 37 and forwarded to the clerk-in-charge of the records of the suit or proceeding to which the process applications relate, who shall return them with the copies of the plaints, etc., if any, to be delivered to the defendants or respondents and such records as may be necessary for the correct preparation of the processes. The process writer shall then prepare the processes in the order of receipt of applications and return the records, when no longer required, to the concerned clerk and obtain his acknowledgement.

Rule - 84. Emergent processes.

Applications for the issue of emergent processes shall be made direct to the Court concerned and after the order for issuing the process is passed by the Court, it shall be transmitted to the Nazarat for emergent execution.

Rule - 85. Memoranda filed with plaint, etc.

Memoranda for the issue of processes presented along with the plaint, memorandum of appeal, cross-objection or application shall, after the plaint, memorandum of appeal, cross-objection or application has been admitted, be entered in Register No. 39 and transmitted to the Nazarat.

Rule - 86. Sealing of papers in the Nazarat.

All papers presented to the Central or Deputy Nazir shall, immediately on receipt, be impressed with a date stamp which shall be of a design different from that of the date stamp used by the chief ministerial officer.

Rule - 87. Transmission of amount for service of process.

The presiding officer of the Court shall send by money order the amounts relating to the service of processes received by him to the presiding officer of the Court concerned who shall hand over the same to the Central or Deputy Nazir. The Central or Deputy Nazir shall make a note of the particulars relating to the money orders in Register No. 36.

Rule - 88. Notice regarding unexpended witness batta.

A notice showing the unexpended witness batta available for refund shall be exhibited in the notice board of the Court on the first working day of every week and shall remain on the board for at least 3 days.

Rule - 89. Intimation of receipts and disbursements in the Nazarat to the Chief Ministerial Officer.

At the end of the day the Central or Deputy Nazir shall send to the chief ministerial officer the receipt books and a statement of the totals of stamps and all amounts received and of money expended during the day, in order that the necessary entries may be made in the cash book, ledger and register of documents and Court Fees.

Rule - 90. List of processes for service in other Nazarats.

The Central or Deputy Nazir of each Court shall prepare lists from his registers of all processes to be served or executed within the jurisdiction of the outlying Munsiffs and such lists shall forthwith be sent by post to the Deputy Nazirs together with all such processes.

Rule - 91. Procedure on receipt of processes for service.

On receiving any batch of processes, the Central or Deputy Nazir, as the case may be, shall give them general numbers and enter them in Register No. 36.

Rule - 92. Distribution of processes.

The Central or Deputy Nazir shall thereupon arrange for the distribution of the processes and, after the necessary entries have been made in Register No. 38, shall deliver them to the several process servers. As far as possible all processes, other than warrants of arrest, for persons residing in the same neighbourhood, shall be allotted for service to the same process server whether issued by the same or by different Courts.

Rule - 93. List of processes executed.

Every day each Central or Deputy Nazir shall prepare a list for each Court of the processes to be returned to it, giving them their original court numbers and shall transmit them with the list to the Central or Deputy Nazir who issued the processes, and the latter shall sign and return the list.

Rule - 94. Delay in return of processes to be reported.

It shall be the duty of the Central or Deputy Nazir to have the processes returned struck off in his register and to bring to the notice of the Judge concerned any unusual delay.

Rule - 95. Nazir's register.

At the close of each day, every Central and Deputy Nazir shall enter in Register No. 36 the number of processes distributed during the day and the number of process servers to whom processes were distributed.

Rule - 96. Arrest or seizure by process server of outlying Court.

(1)     When any person has been arrested or movable property seized by a process server of an outlying Court under a warrant issued by a superior Court, the process server shall forthwith bring such person or property to the station of such Court and deliver him or it to the Central Nazir or Deputy Nazir, as the case may be:

Provided that this rule shall not apply to property not required to be brought to the Court.

(2)     Such Central or Deputy Nazir shall immediately give the process server a receipt and send him back to his own Court, and shall produce such person or property before the Court which issued the process.

(3)     When money shall have been paid upon any such process, it shall be received by the outlying Munsiff and duly transmitted by money order at the expense of the party to whom the money is payable, together with the process, to the Court concerned.

Rule - 97. Issue of receipt by Amin or process server.

An Amin or process server, receiving money or any valuable security from a judgment-debtor or purchaser in a court sale or otherwise, shall grant a receipt for the money or valuable security received, to the judgment-debtor or purchaser as in Form No. 21 and shall produce the money or valuable security in Court forthwith.

Rule - 98. Remittance of witness batta.

The total amount of the batta of witnesses, etc., on all the processes issuing to a given Court on any day for service shall be remitted by money order by the Court issuing the processes to the Court to which the processes are sent for service at the same time as the processes are despatched to the latter Court. Any unspent balance in the hands of the Court serving the processes shall be returned to the Court issuing the processes by money order at intervals of a week, but it may be remitted along with the witness batta if such is being remitted at an earlier date. The presiding Judge or in the case of a District or a Sub Court, the Sheristadar, shall check and verify from week to week the issue of such money orders. The money order commission in the above cases shall be charged in the contingent bill of the Courts.

Rule - 99. Statement of money orders issued to other Courts.

On or before the 6th of every month, the Court issuing money orders under the preceding rule, shall send to each Court to which money orders have been issued in the preceding month a statement showing the number and particulars of the money orders so issued; and it shall be the duty of the presiding officer of the latter Court to see that the amounts involved have been received and accounted for.

Rule - 100. Procedure in urgent cases.

(1)     The presiding officer of any Court may, for any sufficient reason, at any hour of the day, transmit a process for emergent execution within the jurisdiction of the Munsiff at the station and it shall be the duty of the Central Nazir or Deputy Nazir, as the case may be, on receiving such process signed by the Judge, to make immediate arrangements accordingly.

(2)     In a case of very special urgency, the presiding Judge may deliver any such process to one of the process servers in attendance in his Court for immediate service or execution.

Rule - 101. Deputation of special process server from headquarters.

The presiding Judge of any superior Court may direct, on the application of the party, applying for any particular process which ordinarily be sent for service to an outlying Court, that it be served or executed by a special process server from headquarters:

Provided that additional charges at the rate of one rupee a day for a peon or two rupees a day for an amin for the time he is likely to be employed on such duty be paid in advance; and the Judge may, for sufficient reason, direct that such extra charge be costs of the suit or proceeding.

Rule - 102. Second process server deputed to guard judgment-debtor.

When the Court considers it advisable that a second process server should be deputed to assist the process server having the custody of the judgment-debtor, additional charges for the extra process server at the rates prescribed shall be levied in advance.

Rule - 103. Diaries.

(1)     Every amin and process peon shall maintain a diary (Register No. 40). It shall be written up day by day and shall show where the amin or peon has been on each day, what work he has done and what processes he has served or failed to serve.

(2)     The diary will be initialled by the Nazir whenever he issues processes and whenever the amin or peon returns to headquarters.

CHAPTER III TRIAL OF SUITS

A. THE FIRST HEARING

Rule - 104. Application for directions.

Any party may, at the first hearing, apply to the Court for directions as to any of the following matters:

(1)     The filing of a written statement by any party, stating the pleas raised by him, or further and better particulars thereof;

(2)     Adding or striking out parties;

(3)     Discovery of documents and interrogatories;

(4)     Inspection or production of any document or public record;

(5)     Issue of commission to examine witnesses or for any other purpose;

(6)     Reference to an arbitrator;

(7)     Any other matter or proceeding necessary to be considered or taken previously to the trial of the suit.

Rule - 105. Discovery of documents.

The Court may, at the first hearing, of its own motion or on application by any party to a suit, call upon the parties to disclose by affidavit, the documentary evidence in their possession or power or on which they intend to rely. The parties may also be directed by the Court to produce or cause the production of all such documents within a time fixed by it.

Subject to just exceptions no document not so disclosed by the parties or produced or caused to be produced within the time allowed by the Court shall be admitted in evidence.

Rule - 106. Interrogatories.

(1)     An application for leave to deliver interrogatories under Order XI, Rule 2 shall contain at the foot thereof the proposed interrogatories and shall be accompanied by a copy of the same and the fees prescribed for service of process. If leave is granted the copy shall be served on the other party or his pleader.

(2)     If a party objects to answer any interrogatory he shall state shortly the grounds of his objection in his affidavit in answer to the interrogatories.

Rule - 107. Adjournment in consequence of application for commission.

If an application for the issue of a commission to examine a witness, or with respect to any other matter mentioned in Rule 104 is made subsequent to the first hearing and an adjournment of the final hearing is prayed for the adjournment shall not be allowed unless it appears to the Court that the application could not be made at the first hearing.

B. ISSUES

Rule - 108. Form of issues.

The issues framed by the Court and any order passed upon any application under Rule 104 shall be drawn up in Form No. 22 and shall form part of the record, and all parties shall be entitled to inspect the same and to obtain copies thereof.

Rule - 109. Procedure in regard to the framing of issues.

In framing issues, the Court shall proceed as follows:-

(1)     Every issue of fact shall be so framed as to indicate on whom the burden of proof lies.

(2)     Every issue of law shall be so framed as to indicate either by a statement or admitted or alleged facts or by reference to the pleading or some documents mentioned therein, precise question of law to be decided.

(3)     No proposition of fact which is not by itself a material proposition, but is relevant only as tending to prove a material proposition, shall be made the subject of an issue.

(4)     No question regarding the admissibility of evidence shall be made the subject of an issue.

Rule - 110. Findings to be recorded on all the issues.

Except where a suit is disposed of under Order XIV, Rule 2 of the Code, the Court shall record findings on all the issues framed, even though the decision on some of them would be sufficient to dispose of the suit.

C. INSPECTION OF DOCUMENTS

Rule - 111. Inspection of document.

A party shall be at liberty to inspect, and obtain a copy of any document filed in Court.

Rule - 112. Inspection of proceedings by party.

Every party and his pleader, desiring to inspect any proceedings filed in court by him or by any other party, or by a Commissioner or officer of Court, in any suit, appeal or matter, shall present a memorandum specifying the proceedings of which inspection is required and inspection will be allowed without the payment of any fee during the pendency of such suit, appeal or matter.

Rule - 113. Inspection of documents by strangers.

An application for inspection, or for copies of records or documents of or in the custody of a Court, other than records and documents filed in a suit, appeal or matter to which the applicant is a party shall be made to the said Court by an application entitled in the suit, appeal or matter in which the records or documents are filed, and specifying the particular record or document of which inspection is or copies are required, by reference, as far as possible, to the nature, date and the date of filing of and the parties to, each record or document. The application shall be supported by an affidavit stating whether the applicant has any, and, if so, what interest in the subject matter of the documents or the proceeding in which the record or document is filed, the purpose for which inspection or copy is required and if the same is required for the purpose of an intended or pending proceeding, the nature of the said proceeding and the relevancy of the record or document to the case of the applicant.

Rule - 114. Notice of application for inspection.

The Court may in its discretion, cause notice of the application to be given to the parties to the said proceedings, and, where such notice is given, the provisions of the Code and of these rules with respect to an interlocutory application shall apply to the said notice.

Rule - 115. Consent to inspect or obtain copy.

The Court shall not grant leave to a person, not a party to the proceeding, to inspect or to obtain a copy of any record or document produced by another person, who also is not a party to the proceeding in which the same is filed, or to the discovery of which the latter is entitled to object, except in either case, with his written consent.

Rule - 116. Inspection to be made before officer and fee for the same.

If leave to inspect is granted, the inspection of the record shall be made in the presence of the Record-keeper or his deputy and the fee for inspection except where inspection without payment is permitted under Rule 112 shall be 75 paise for every hour or part of an hour during which the Record-keeper or his deputy shall be engaged and shall be paid by Court Fee Stamps affixed to the application.

Rule - 117. Copies or extracts not to be taken.

The payment of the inspection fee shall entitle the applicant to read any document or record specified in his application and the inspection of which has been allowed by the Court. He may make a short memorandum of the date and nature of the document so as to enable him to describe it sufficiently in case a copy is required but he shall not be entitled to make a copy of the document or part of the document or make extracts therefrom.

D. SEARCH OF RECORDS

Rule - 118. Search fee.

On every application for inspection or for a copy of any document or record there shall be paid, in Court Fee Stamps, in addition to the usual fee on such application an additional fee for search of the document or record at the rate mentioned below:

Provided that no such fee need be paid by a party to the suit or proceeding wherein the application for inspection or for copy is made if the suit or proceeding is pending on the date of the application:

Provided also that no search fee need be paid by a party to a suit or proceeding in the case of an application for copy of a judgment, order or decree pronounced within one year prior to the date of the application.

For the purpose of this rule, only one search fee need be paid for all documents forming part of the record in the same suit or proceeding and the document shall be deemed to be of the date of the institution of the suit or proceeding of the record of which it forms part.

Enclosures or annexures to a proceeding or document and the vouchers appertaining to an account shall be reckoned as part of the proceeding or document to which they relate.

If the proceeding or document is not found, the applicant shall be entitled to a certificate to that effect, free of cost, as in Form No. 23.

E. PRODUCTION OF DOCUMENTS

Rule - 119. Records in the custody of Court.

(1)     An application for the production of records in the custody of a Court shall specify the particular documents required to be produced. Unless it appears to the Court that the production of the original document is necessary the party shall be required to obtain and file copies thereof and the original shall not be sent for. If the Court dispenses with the affidavit mentioned in Order XIII, Rule 10(2) of the Code it shall record in writing the reasons for so doing.

(2)     When a Court finds it necessary to require the production of the records of another Court, it shall address a letter of request as in Form No. 24 to the Presiding Judge of that Court.

(3)     Where the document to be sent for by a Court either from its own records or from another Court is an account book or is a document which has to remain in those records or in the custody of the other Court or which belongs to a person other than the party at whose instance it is sent for, the Court may require the party to deposit before the letter of request is issued, such sum as it may consider necessary to meet the estimated cost of making a copy of the document or such part of it as may be required.

(4)     When the letter of request is issued by the Court suo motu it shall be open the Court to call upon either party to make the deposit as aforesaid.

(5)     On the receipt of the document in compliance with the letter of request, the Court shall cause a notice to be affixed to the notice board that the document has been received and that the parties may apply to the court for inspection of the same. After the document has been admitted in evidence, the court, shall, unless it considers it necessary to retain the original, direct the parties to specify the portions thereof on which they rely and direct a copy or photograph to be made of the same at the expense of the party requiring such portion and shall thereafter with all convenient speed return the original to the Court from which it was received retaining the copies as part of the record. When such copy of a portion of the document is prepared, it should contain a clear description of the document.

Rule - 120. Production of records in the custody of a public officer other than a Court-

(1)     A summons for the production of records in the custody of a public officer other than a Court shall be in Form No. 25 and shall be addressed to the Head of the Department concerned and in the case of a summons to a District Registrar or a Sub-Registrar or Assurances it shall be addressed to the Registrar or Sub-Registrar in whose office the required records are kept. A summons for the production of revenue papers kept in any office in a district shall in all cases be directed to the Collector of the District:

Provided that where the summons is for the production of village accounts including field measurement books such summons shall be addressed to the Tahsildar or to the Deputy Tahsildar in independent charge as the case may be.

(2)     Every application for such summons shall be made by a verified petition setting out (i) the document or documents the production of which is required (ii) the relevancy of the document and (iii) in case where the production of a certified copy would answer the purpose, whether application was made to the proper officer for a certified copy or copies and the result of such application.

(3)     No Court shall issue such summons unless it considers the production of the original necessary or is satisfied that the application for a certified copy has been duly made and has not been granted. The Court shall in every case record its reasons in writing and shall require the applicant to deposit in Court before the summons is issued, such sum as it may consider necessary, to meet the estimated cost of making a copy of the document when produced.

(4)     On production of the document in obedience to the summons, the Court shall, unless it thinks it necessary to retain the original, direct a copy or photograph to be made at the expense of the applicant and shall with all convenient speed return the original retaining the copy:

Provided that a copy shall be taken and the original returned as aforesaid in all cases where a District Registrar or Sub Registrar produces Book IV.

(5)     Unless the Court requires the production of the original every such summons to a public officer shall state that he is at liberty to produce instead of the original a copy certified in the manner prescribed by Section 76 of the Evidence Act.

(6)     Nothing in this rule shall prevent a Court of its own motion from issuing a summons for the production of public records or other documents in the custody of a public officer if it thinks it necessary for the ends of justice to do so. The Court shall in every case record its reasons in writing.

Rule - 121. Production of records in the custody of Parliament or of a Legislature of a State.

When the document required is in the custody of a House of Parliament or of a Legislature of a State the summons shall be by a letter of request as in Form No. 26.

Rule - 122. Notice to third parties.

Where the document to be sent for under Rules 119 to 121 belongs to a third party, the Court may before ordering the application, direct notice thereof to the third party and consider his objection, if any, to the same.

Rule - 123. Return of original document to the custody from which it was produced.

Whenever an original document has been produced under Rules 119, 120 or 121, the Court shall, unless it sees fit to proceed under Order XIII, Rule 8 of the Code, return it to the custody from which it was produced without a formal application therefor.

Rule - 124. Deposit of postage.

If a record or document is required to be sent by post the Court may direct the applicant to deposit in Court a sum sufficient to defray the postage for transmission to and from the Court.

Rule - 125. Transmission of records.

The transmission of records between Court and Public Offices shall ordinarily be by post as registered parcels.

Rule - 126. Bankers' Books.

(1)     A party desiring the inspection or production of certified copies of bankers' books shall support his application by affidavit showing their relevancy and the details of the entries required sufficient to identify them. The Court before granting the prayer may order notice to the opposite party as well as to the Bank concerned.

(2)     The Bank may show cause against the order for inspection or production or for copies and may be awarded costs if the objection is upheld. The court may also direct the party applying for copies to pay the Bank the cost of making such copies.

Rule - 127. Preparation of photographic copies.

Any party requiring photographic copies of any document to be taken shall apply to the Court for the same and the Court shall, if it allows the application, direct the copies to be prepared by the Government Photographer or other Photographer approved by it, at the cost of the party applying for the same.

F. ADMISSION AND MARKING OF DOCUMENTS

Rule - 128.

(1)    Marking Exhibits.

Exhibits admitted in evidence shall be marked as follows:-

(i)       If filed by a plaintiff or petitioner, with the capital letter A followed by a numeral A1, A2, A3, etc.

(ii)      If filed by a defendant or respondent to a petition, with the capital letter B followed by a numeral B1, B2, B3, etc.

(iii)     If court exhibits, with the capital letter C followed by a numeral C1, C2, C3, etc.

(iv)    If third party exhibits, with the capital letter X followed by a numeral X1, X2, X3, etc.

(2)    Marking of similar Exhibits.

A series of similar Exhibits shall be marked with the same capital letters and numerals followed by small letters of the alphabet in brackets. When small letters of the alphabet are exhausted, double small letters shall be used as A1(a), A1(b), A1(c); A1(z), A1(aa), A1(ab), A1(ba); A1(bb); A1(zz).

(3)    Consecutive marking.

The exhibits filed by the several plaintiffs or defendants shall be marked consecutively.

(4)    Marking in subsequent proceedings.

If further exhibits are admitted in evidence in appeal, revision or final decree proceedings, they shall be marked in accordance with the above scheme with numbers consecutive to the number on the last exhibit previously filed.

Rule - 129. Admission and proof of documents to be noted.

When the genuineness of documents tendered by one party in evidence is admitted by the other, the latter or his pleader shall be required to do so in writing.

Rule - 130. Book IV not to be marked.

Where a District Registrar or Sub-Registrar produces Book IV, the original book should not be marked as an exhibit, but only the copy directed to be taken under Rule 120(4).

G. RETURN OF DOCUMENTS

Rule - 131. Application for return of documents.

Application for the return of documents filed in Court shall be made to the Court in which they were originally filed. If any document has been transmitted to any other Court, the former Court shall request such Court to retransmit the document and on receipt thereof, shall return it to the applicant.

Rule - 132. Documents filed but neither admitted nor rejected to be returned.

(1)     Documents which have been filed in Court but which have not been tendered in evidence and which have therefore neither been admitted nor rejected shall be returned to the person who produced them as early as possible, and, in any case, not later than at the close of the trial.

(2)     No application shall be necessary for their return but an acknowledgement should be obtained in the document list.

Rule - 133. Return of documents tendered but rejected.

Documents tendered, but not admitted in evidence should be endorsed in the manner directed by Order XIII, Rule 6 of the Code and may be returned to the person producing them on his application either after the time for filing an appeal or revision from the decree in the suit or proceeding is over, or after the disposal of the appeal or revision, if any, or with the consent of the other parties to the suit or proceeding.

Rule - 134. Return of documents admitted in evidence.

(1)     When a case has been finally decided and in an appealable case, after the appeal period is over, or the appeal is disposed of, documents which have been admitted in evidence, except those which have become void or useless by force of the decree, may be returned to the persons producing the same on their application.

(2)     Document constituting title deeds may be returned to the parties notwithstanding the fact that they have been superseded by the decree.

Rule - [134A.

If the applicant under Rule 133 or 134 does not take back the document within two weeks of the order allowing the return, the order shall be cancelled:

Provided, however, that such cancellation shall not preclude a fresh application being made and allowed for return of such document.][6]

H. COPIES OF PROCEEDINGS TO BE FURNISHED BY PARTIES TO EACH OTHER

Rule - 135. Party filing any proceeding to furnish the other side with a copy.

A party, or pleader, filing any proceeding, shall, on demand in writing, furnish to any other party a copy of the proceeding, upon payment therefor at the rate of ten paise for every hundred words if in manuscript, or at double tins rate if the copy is typed or printed, four figures being calculated as one word:

Provided that one copy of plaint, a written statement, and of a memorandum of appeal or of cross-objection shall on like demand be furnished free of charge to each party appearing by a separate pleader:

[7][Provided further that every defendant filing a separate written statement and every respondent in an interlocutory application filing objection or counter-affidavit shall produce in Court along with the original written statement, objection or counter-affidavit, a copy thereof for the use of the plaintiff or the petitioner, as the case may be.]

Rule - 136. Name and address for service to be endorsed on copy.

The name and address for service of the party or pleader by whom any copy is furnished shall be endorsed thereon, and the party or pleader shall be answerable for the same being a true copy of the proceeding filed by him in Court.

Rule - 137. Refusal or neglect to furnish copy.

In case any party or pleader who has been required to furnish any such copy as aforesaid, either refuses, or for two days from the time when the application for the copy was made, neglects to furnish the same, the person by whom the application has been made shall be at liberty to procure a certified copy from the Court, and in such case the party in default, shall, unless the Judge otherwise orders, be liable for the cost of procuring the same.

I. EXAMINATION OF WITNESSES

Rule - 138. Examination in camera.

The Court may, having regard to the special circumstances of any particular case, order the examination of any witness in camera.

Rule - 139. Dispensing with of or refusing to examine witness present.

(1)       If a party dispenses with the examination of any witness the party or his pleader shall ordinarily be required to sign a memorandum to that effect.

(2)       If the court refuses to examine any witness the reason for such refusal shall be recorded.

Rule - 140.

(1)    Binding over of witnesses present.

When the trial of a case in which witnesses appear is adjourned without examining them, they shall be bound over to attend at the adjourned date on payment through Court of their batta and travelling allowance to which they are entitled under the rules. If the party, at whose instance the witnesses are summoned, fails to pay such expenses before the witnesses are bound over, they shall be discharged.

(2)    When witness is a Government servant.

If the witness so bound over is a Government servant, the chief ministerial officer of the Court shall make an endorsement on the copy of the summons in the hands of the witness or on a separate paper to the effect that the witness has been bound over by the Court to attend at the adjourned hearing.

(3)    Government servants, etc. appearing as witnesses to be examined same day.

Government servants and others belonging to essential services like medical practitioners, appearing as witnesses shall be examined as far as possible on the first day on which they are present.

(4)    Certificate of discharge to such witnesses.

When a witness who is a Government servant has been discharged by Court, the Court shall grant him a certificate when required as in Form No. 27.

Rule - 141. Officer administering oath.

The oath to witnesses and interpreters shall be administered in open court by the Bench Clerk or where the witness is examined on commission by the Commissioner.

Rule - 142. Form of oath.

(1)     The following shall be the form of oath to be administered to witnesses:

"I swear that the evidence which I shall give touching the matter now before the Court shall be the truth, the whole truth and nothing but the truth; So help me God".

(2)     Witnesses who object to making an oath may solemnly affirm in the following form:

"I solemnly affirm in the presence of the Almighty God that what I state shall be the truth, the whole truth and nothing but the truth".

(3)     If a witness objects to making an oath or solemn affirmation or is a child, the following affirmation shall be made by him:

"I affirm that what I state shall be the truth, the whole truth and nothing but the truth".

(4)     Where the witness appears to be under a disability, the Court may hold a preliminary examination as to his competency to give evidence.

Rule - 143. Oath to interpreter.

When a witness is examined with the aid of an interpreter, the interpreter also shall be bound to take an oath or affirmation to the effect that he shall truly and correctly translate the questions put by the Court into the language known to the witness and also the answers given by the witness into the language of the Court.

Rule - 144. Translation of oath.

When the witness cannot understand the language in which the oath or affirmation is administered, the oath or affirmation shall be translated by the interpreter and put to the witness and the witness allowed to take oath or affirmation in the language known to him.

Rule - 145. Heading of depositions.

In the heading of all depositions of witness the full name of the deponent and his or her father's or mother's or karanavan's or husband's name which the deponent usually uses as his or her surname shall be recorded. The heading shall also state the age, profession and residence of the witness. The name of the officer who administers the oath or affirmation and name of the interpreter, if any shall be written below the particulars stated above.

Rule - 146. Signing of depositions.

[8][(1) After a deposition has been read over to the witness the last page thereof shall be signed in fully by him. The Judge shall initial every page if the deposition is not recorded in his hand. A certificate in the following form shall be appended at the foot of the deposition and the Judge shall affix his signature thereto over his name:

"Taken down by/before me in open Court, interpreted/read over to the witness and admitted by him to be correct".

(2)   If the witness denies the correctness of any part of the evidence when the same is read over to him, the Presiding Judge may, instead of correcting the evidence, make a memorandum thereon or the objections made to it by the witness and shall add such remarks as he thinks necessary].

Rule - 147. Numbering of witnesses.

The witnesses called by the plaintiffs or the defendants are to be numbered consecutively. Where different witnesses are called by the several plaintiffs or defendants, the witnesses called by each plaintiff or defendant are not to be numbered separately, but continuously as if all had been called by a single plaintiff or defendant. However in such cases it should be noted in the deposition by which plaintiff or defendant the witness was called.

J. WITHDRAWAL OF SUIT OR APPEAL

Rule - 148. Notice of application.

Notice of an application for leave to withdraw from a suit, matter or appeal shall be given to all parties who have appealed at the first hearing, or, if the application is made before the first hearing, then, to all parties who have entered appearance.

Rule - 149. Leave conditional on payment of costs.

Unless the Court otherwise orders, an order under Order XXIII, Rule 1 of the Code permitting a party to withdraw from a suit, matter or appeal shall be made conditional upon payment of the costs of the defendant or respondent as in Form No. 28.

CHAPTER IV INCIDENTAL PROCEEDINGS

A. COMMISSIONS

Rule - 150. Application for commission.

(1)     Every application for the issue of a commission shall be supported by an affidavit setting forth the estimated expenses of the commission and the remuneration payable to the Commissioner.

(2)     The Court shall, thereupon, direct the applicant to deposit into Court the sum fixed by it and order to the Commissioner shall be issued only after the deposit has been made. The Court may for sufficient reason extend the time for the deposit and may also call upon the applicant or any other party to deposit such further sum or sums as may be deemed necessary.

(3)     In emergent cases, the Court may issue the commission on payment of the amount to the Commissioner direct by the applicant and the Commissioner shall file a memo in Court for the receipt of his remuneration.

Rule - 151. Issue of commission by Court.

(1)     In cases where for a proper adjudication of the dispute between the parties, the Court finds it necessary that there should be a Commissioner's plan, account or report it shall order accordingly and direct the party on whom the burden lies in respect of the matter concerned to deposit the necessary batta without calling for an application for the purpose.

(2)     Such order shall ordinarily be issued soon after the issues are framed.

Rule - 152. Return of commission.

Every order for the issue of a commission shall fix a date within which it shall be returned. The Court may, for sufficient reason, extend the period from time to time.

Rule - 153. Letters of request.

(1)     Where a letter of request is issued under Order XXVI, Rule 5 of the Code it should set forth the names of the parties to the proceeding, the nature of the action in which the evidence is required, the name, address and description of the witness whose evidence is required and either the exact interrogatories which it is desired to be put to the witness, or the documents etc., whose production is desired or a clear and concise statement of the exact points on which it is desired that the witness should be examined or a request that notice should be given to the representatives of the parties to the action of the time and the place where the evidence is to be taken and that the representatives of the parties should be allowed to put such questions to the witness as they may desire.

(2)     Before a letter of request is issued, steps should be taken to ensure that the parties will be able to meet the expenses.

Rule - 154. Records to be furnished to Commissioner.

The Commissioner shall be furnished by the Court on his receipt with such of the records of the case as the Court considers necessary for executing the commission. Original documents will be furnished only if a copy will not serve the purpose or cannot be obtained without unreasonable expense or delay. When the records are returned the fact shall be noted on the receipt and the receipt shall be retained in the file.

Rule - 155. Commissioner to give notice to parties and witnesses.

The Commissioner shall give due notice in writing about the examination to the parties or their pleaders and to the witness either in person or by registered post, intimating the place, date and time when the examination is proposed to be conducted. The date, place and time shall be fixed so as to suit the convenience of the parties and their pleaders and of the witness, as far as practicable.

Rule - 156. Court may fix date, time and place of examination.

The Court issuing commission for examination of a witness may, at any time, appoint the date, place and time for examination and the party or the witness who does not attend accordingly shall be deemed to be in default.

Rule - 157. Commissioner to receive document, object or application and produce the same in Court.

If a document is filed before the Commissioner or any application to receive any document or material object is presented before him, he shall receive the same subject to the final orders of the Court and produce such document, material object and the application in Court the next day with a report and the Court shall pass such orders in the matter as it deems just.

Rule - 158. Party to take steps for witness.

The party who applied for the commission shall take such steps as are necessary to secure the attendance of the witnesses before the Commissioner.

Rule - 159. Mode of examination of witness before Commissioner.

The examination of witnesses before the Commissioner shall be in the same manner as in Court. Where the examination is unnecessarily prolonged or amounts to an abuse of process, the Commissioner may stop the proceeding for the purpose of taking the directions of the Court and the Court may give the necessary directions in the matter.

Rule - 160. Procedure to be followed by the Commissioner in examining witnesses.

The Commissioner may put only such questions to the witness as may be necessary to enable him to record the answer in intelligible language. Any questions which may be objected to and its answers shall be taken down as such by the Commissioner with the remark that the question was objected to. The Commissioner has no power to disallow questions and give rulings as to points about admissibility of evidence.

Rule - 161. Commissioner may direct witnesses to give specimen handwriting, signature or finger print.

The Commissioner may, on the application of any party, take the specimen of the handwriting, signature or finger print of any witness examined before him and for that purpose direct the witness to write out and sign any matter in his presence.

Rule - 162. Purdanashin ladies.

Where the witness is a purdanashin lady the Commissioner shall satisfy himself as to her identity.

Rule - 163. Recording of deposition.

The deposition of the witness shall be taken down in writing by the Commissioner and when completed be read over to the witness and signed by the witness in the presence of the parties or their pleaders present. The deposition shall be authenticated by the signature of the parties or of the pleaders who conducted the examination and by the Commissioner who shall also state the place where and the date and the hours when the examination was conducted. All corrections shall likewise be initialled.

Rule - 164. Who shall be appointed Commissioner.

(1)     Commissions for the examination of witnesses shall, as far as possible, be issued to the pleaders practising before the Court.

(2)     Commissions for local investigation or examination of accounts or to make partitions should be issued to persons of proved ability and honesty and as far as possible to pleaders.

(3)     Where in any matter technical skill or knowledge is required on the part of the Commissioner, the Commission may be issued jointly to a pleader and a skilled person, whether in Government employment or otherwise.

(4)     Whenever a joint Commission is issued the order shall state the fees for each of the Commissioners separately.

(5)     No commission shall be issued to the members of the Court staff except with regard to commissions for auditing accounts filed by Receivers of small estates which cannot afford an outside auditor. In such cases a remuneration, consistent with the finances of the estate, may be paid to the Commissioner provided the work is done outside office hours and without prejudice to his normal duties.

Rule - 165. Requisition of services of village officers, etc.

The Court may obtain the services of Village Officers or officers of the Survey or Public Works Department of the Government to accompany and assist the Commissioner in taking measurements, conducting surveys, effecting division of lands, and preparation of plans and the like. In all such cases the remuneration of such Officers shall be fixed by the Court. If the approval of the officer's superior to such officers is required for the purpose, the same should be obtained by the Court before issuing orders.

Rule - 166. Plans, etc. to form part of the record.

The plans, measurements, statements and surveys made by such officers shall be produced by the Commissioner in Court and they shall form part of the record.

Rule - 167. Commissioner to give copies.

Along with the return of the Commission order, the Commissioner shall give copies of his report and accounts and plans and statements accompanying his report to the parties or the pleaders appearing in the case, on receipt of the cost thereof, at the rate of 20 paise per foolscap page of typewritten matter or 15 paise per foolscap page of manuscript and a reasonable fee for the plan, which, in case of dispute, will be fixed by the Court.

Rule - 168. Local inspection by Judge.

(1)     Whenever a Judge makes a local inspection, he should do so only after giving notice to the parties or their pleaders and should place on record a note or memorandum of the facts observed by him at such inspection.

(2)     Whenever such local inspection is proposed to be made, the actual travelling expenses of the Judge shall be caused to be deposited by all or any of the parties and sum so paid shall also be taxed as costs.

B. RECEIVERS

Rule - 169. Appointment of receiver.

In cases where the income of the property is large enough to afford payment of remuneration to a receiver, no party to the suit or proceeding shall ordinarily be appointed receiver.

Rule - 170. Receiver may be bound over to answer fixed profits.

Where the court deems fit to appoint a party as receiver, the Court may bind him over to answer for the profits of the properties not below a specific amount and shall require him to furnish adequate security for at least two years' profits.

Rule - 171. Panel of receivers.

There shall be maintained for each district a panel of legal practitioners and other persons with suitable qualifications from among whom receivers shall be ordinarily appointed by all Courts within the district. The panel shall be maintained by the District Court.

Rule - 172. Strength of panel.

The strength of the panel shall be fixed by the District Judge who may vary it from time to time at his discretion.

Rule - 173. Constitution of panel.

The panel shall as far as possible include at lest one practitioner for each Court in the District. Appointments to and removal from the panel shall be made by the District Judge in consultation with the Subordinate Judge or the Munsiff of the Court which is represented by the practitioner.

Rule - 174. Furnishing of security.

Every person selected to the panel shall before inclusion therein furnish security in the sum of Rs. 2,000 in favour of the District Court to secure his liability in respect of all receiverships to which he may be appointed. He shall furnish one or the other of the following kinds of security:

(a)      Immovable property;

(b)      Cash;

(c)      Government security;

(d)      Fixed deposit or cash deposit in the Post Office Savings Bank;

(e)      Post Office Cash Certificate; and

(f)       National Savings Certificate.

This shall not affect the provisions of Order XL, Rule 3(a) of the Code.

Rule - 175. Filing of accounts.

Unless otherwise ordered a Receiver shall file his accounts once in every three months. The first of such accounts commencing from the date of his appointment and ending with the expiry of three months from such date shall be filed within ten days after the expiry of the said period of three months and subsequent accounts brought down to the end of the three months period for which they are filed, shall be filed within ten days after the expiry of the said periods of three months.

Rule - 176. Accounts to be maintained.

The Receiver shall maintain true and regular accounts of the receivership and shall in particular maintain a cash book in which shall be entered from day to day all receipts and payments and also a ledger. He shall also maintain a counterfoil receipt book with the leaves numbered serially in print from which shall be given all receipts for payments made to him.

Rule - 177. Verification of accounts and furnishing of copies.

The accounts of the Receiver to be filed in Court shall be verified by affidavit and the items therein shall be numbered consecutively. Where a Receiver has not, since the date of his appointment or since the date of his last accounts as the case may be, received or paid any money, he shall file an affidavit to that effect on or before the date on which he has to file the accounts. Copies of the accounts filed by the Receiver shall be furnished by him to the pleaders appearing in the case as and when they are submitted.

Rule - 178. Deposit of collections.

The Receiver shall deposit in Court all monies received by him in the course of the receivership immediately on receipt thereof save any sums that may be required for current expenses as may be allowed by the Court. But the Court may in proper cases allow the monies to be deposited in a scheduled bank in an account opened in the name of the Receiver described as such and may give the necessary directions in this behalf to the Receiver.

Rule - 179. Action against defaulting Receiver.

If a Receiver fails to maintain true and regular accounts or fails to file his accounts into Court on the due date without proper cause or unduly delays the passing of his account by failing to appear before the passing officer or improperly retains any cash in his hands, the Court may disallow the whole or any portion of the remuneration due to him and may also charge interest at 12% per annum on the monies improperly retained by him for the period of such retention without prejudice to any other proceedings which might be taken against him.

CHAPTER V JUDGMENTS, DECREES AND ORDERS

A. FORM AND CONTENTS

Rule - 180. Date for pronouncing judgment.

Unless the Court pronounces judgment immediately after the conclusion of the hearing, the case shall be adjourned to a specified date for pronouncing judgment and judgment shall not be pronounced on any day to which the case does not stand adjourned for the purpose unless notice has been previously given to the pleaders.

Rule - 181. Form of judgment.

(1)     The judgment of the Court shall be headed and drawn up as in Form No. 29 and a list of the exhibits filed and witnesses examined shall be annexed thereto.

(2)     In preparing the list of exhibits, the number of the exhibit, the date of document and the description of the document should be shown in that order. Where the document does not give the English date, the corresponding English date should be shown. Where the document does not bear any date it must be shown as dated nil.

Rule - 182. Form of decree.

(1)     Every decree shall be headed with the full cause-title of the suit, appeal or matter, and in addition to the particulars specified in Rules 6, 7, 9 and 10 of Order XX of the Code, shall contain the name of the Judge, the date of filing of the suit or appeal, the names of all the pleaders who have entered appearance, the valuation of the suit, the total court-fees paid and the provisions of the Court Fees Act under which the same has been paid, and shall be drawn up in consecutive numbered paragraphs.

(2)     A decree under Order XXI, Rule 11(1) of the Code shall be in Form No. 30.

Rule - 183. Preparation of decrees.

[9][Every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible, and, in any case, within 15 days from the date on which the judgment is pronounced.] When the decree is ready for the signature of the Judge, the fact shall be notified on the notice board and, if the Judge so directs having regard to the nature of the case, to the pleaders concerned, and objections, if any, to the form or contents of the decree shall be taken by the pleaders within 3 days of such notice. The Judge shall consider any objections raised, and order suitable corrections to be made, if need be, before signing the decree.

Rule - 184. Specification of periodical payments.

Where periodical payments are directed the decree or order shall specify the date of the first payment, and the day of each month or year on which the subsequent payments are to be made.

Rule - 185. Decree or order for cancellation of registered instrument.

If a decree or order is passed for the cancellation of an instrument registered under the law relating to the registration of documents or a document is registered in pursuance of any such decree or order, and such decree or order is reversed or set aside, the Court shall forthwith cause a copy of the final decree or order on plain paper, verified as correct, to be forwarded to the Registering Officer.

Rule - 186. Orders in matters other than suits.

(1)     The final order in matters other than suits or appeals, including contested interlocutory applications, execution petitions and execution applications shall be drawn up in the same manner as the judgment in a suit and a table of costs shall be appended thereto.

(2)     The names of parties or those to whom notices have been issued in interlocutory applications should be shown in the preface to the fair copies of the orders thereon.

Rule - 187. Final decree in partition suits.

Final decrees in partition suits shall be prepared and stamp duty levied in accordance with the following directions:

(1)     The value of the shares shall be the value as assessed by the Commissioner and accepted by the Court.

(2)     The stamp duty leviable shall be according to the Stamp Act in force at the time of the passing of the final decree.

(3)     The Court shall insist on the Commissioner filing a schedule showing the valuation of the shares for the purpose of stamp duty.

Rule - 188. Setting aside exparte decree where money or property has been recovered under the same.

An order setting aside an exparte decree or order under which a party has recovered any money or property shall ordinarily direct the same to be brought into Court or possession of the property to be delivered to a Receiver pending the final decision of the suit or matter, as in Form No. 31. If the suit is thereafter dismissed, the decree shall be as in Form No. 32.

Rule - 189. Appellate decree reversing decree where money or property has been recovered.

The decree of an appellate court reversing the decree of a lower court under which money or property has been recovered shall wherever possible direct the repayment of the amount, or delivery of possession of the property recovered, as in Form No. 33 or Form No. 34 as the case may be.

Rule - 190. Several appeals against the same decree.

If more than one appeal is preferred against the same decree, all the appeals shall be heard together and one decree only shall be drawn up which shall be headed with the cause-titles of the several appeals.

Rule - 191. Reference to High Court.

When on the application of a party a case is referred to the High Court under Order XLVI, Rule 1 of the Code, the Court shall require him to bring into Court, court-fee stamps requisite for service of notice on himself and all other parties to the suit or appeal or if the reference is made on the motion of the Court, the Court shall require each party to bring into Court stamps required for service on himself and shall transmit such stamps with the statement of the case.

Rule - 192. Execution appeals and remand orders.

In execution appeals and in appeals where the matter is remanded for re-trial, no decree need be prepared but a table of costs shall be appended to the order.

Rule - 193.

(1)    Provision for court fee in pauper suits and appeals.

The decree in a pauper suit or appeal shall provide for payment of the court fee due to the State.

(2)    Decrees in pauper suits and pauper appeals to be sent to Collector.

Copies of all decrees passed in pauper suits and appeals shall be communicated by the Court passing the decree to the Collector of the District in which that Court is situate.

Rule - 194. Payment of court fee in maintenance suits.

If the plaintiff succeeds in a pauper suit for maintenance, the decree shall direct that the defendant shall pay to the State the court fee payable on the amount decreed.

B. COSTS TABULATION OF COSTS

Rule - 195. Taxable items.

In the tabulation of costs the following items shall be included:

(i)       the court fee levied and paid as institution fee, stamp on vakkalaths and petitions and process fee of every description;

(ii)      cost of production or inspection of records and search fee;

(iii)     expenses of postage, money order charge, allowance and batta to witnesses;

(iv)    cost of preparation of certified copies and court fee affixed thereon;

(v)      cost of making copies of pleadings, applications or affidavits, memoranda of appeals or cross-objections at the rate of [10][50] paise per page of typewritten or printed matter and [11][30] paise in the case of manuscript;

(vi)    cost of preparation of processes at the rate of 12 paise for each original process and 3 paise for each duplicate process subject to a minimum of 25 paise in each suit.

(vii)   costs of encumbrance certificate and the search fee paid therefor;

(viii)  cost of certified copies of documents obtained from the office of a Sub Registrar or any other public officer as evidenced from the receipt relating thereto and the cost of the stamp papers required therefor;

(ix)    pleader's fee as allowed by the Rules;

(x)      penalty, if any, levied on unstamped documents, if so directed by the Court;

(xi)    cost of translation of documents as may be allowed by the Court;

(xii)   expenses of commissions including the fees paid to Commissioner;

(xiii)  cost of sale or detention of property as allowed by the Court;

(xiv)  charges for printing of records required to be printed under the rules;

(xv)   charges incurred for publication of notices, etc. in newspaper and the Gazette;

(xvi)  amount deposited for local inspection by the Judge; and

(xvii) every other charge or expense which in the opinion of the Court has been properly incurred or met for the conduct of the case.

Rule - 196. Statement of costs.

(1)     Each party shall, [12][within 7 days] from the date of judgment or order, or such further period as may be allowed by the Court, file in Court: (a) a statement signed by him or his pleader, of the costs and expenses incurred by him as in Form No. 35 and (b) a certificate signed by the pleader that he has received the fee in the case save where he is exempted from producing such certificate by the Rules relating to pleaders fees. He may include in the statement the items mentioned in the preceding Rule and shall give credit for any costs allowed to his opponent and shall state the total amount claimed by him. Such statement shall be checked by the officer of the Court, who shall note thereon the sums, if any, disallowed, and the total amount allowed, and shall sign the same. If any party makes default in filing the statement, the officer of the Court shall prepare a statement of the amount of the institution fee if any, and the pleader's fee allowable to the said party, if duly certified. Every party shall be entitled to inspect and take a copy of the said statement.

(2)     Such statement shall be passed by the Judge and shall form part of the record of the case; and the total amount of costs allowed to the party to whom costs have been awarded shall be inserted in the decree or order.

Rule - 197. Costs when set off allowed.

When a set off claimed by the defendant is allowed, the court may, in its discretion, allow costs to the plaintiff in respect of the suit and to the defendant in respect of his set off. The total amounts of the said costs respectively shall be inserted in the decree or order, and shall be set off against one another and the decree or order shall direct payment of the balance to the party to whom the same is due, as in Form No. 36.

Rule - 198. Proportionate costs.

In cases in which the Court directs that the plaintiff and defendant or appellant and respondent do pay and/or receive proportionate costs, the whole costs incurred by each party shall, unless the Court otherwise directs, be ordered to be paid and/or received in the proportion in which the parties have respectively failed or succeeded.

C. TAKING ACCOUNTS

Rule - 199. Directions as to taking accounts.

If in any suit or matter, it is necessary to take an account, the preliminary decree shall specify the nature of the account and the date from which it is to be taken, and, if the account is to be taken by the Court, shall direct by whom a statement of accounts is to be filed and limit the period within which a statement of accounts, objection and surcharge, shall respectively be filed in Court as in Form No. 37.

Rule - 200. Form of statement of accounts.

A statement of accounts shall be in the form of a debtor and creditor account and shall be verified by the affidavit of the accounting party or his agent. The items on each side of the account shall be numbered consecutively and a balance shall be shown.

Rule - 201. Objection to accounts.

A statement of objection to an accounts, or to the report of the Commissioner shall specify the items to which objection is taken, by reference to their number in the account or report, or the date of the item and page of a particular book of account, or otherwise.

Rule - 202. Surcharge.

(1)     A statement of surcharge shall specify the amount with receipt of which, it is sought to charge the accounting party, the date when, the person from whom, and the particular account on which, the same was received by him.

(2)     A statement of objection or surcharge shall also state shortly and concisely the grounds of the objection or surcharge, and shall also state the balance, if any, admitted or claimed to be due, as in Form No. 38.

Rule - 203. Inspection by parties.

Every party to the suit or matter shall be at liberty to inspect and take notes of a statement of accounts, balance sheet, statement of objection or surcharge or report or proceeding of a Commissioner when filed in Court.

Rule - 204. Extension of time to file statement of account.

If any party has not filed the statement of accounts or of objection or surcharge, within the period limited, the Court may extend such period or direct any other party to file a statement of accounts, or proceed to decide the suit forthwith on the evidence before it. Evidence shall not be admitted with respect to an objection or surcharge, not included in a statement of objection or surcharge.

Rule - 205. Periodical filing.

When a person is directed to file his accounts periodically, the Court shall fix the dates before which his statement of accounts and balance sheet are to be filed and the date, on which the same will be considered by the Court.

P. REFERENCE TO A COMMISSIONER TO VOUCH OR TAKE ACCOUNTS

Rule - 206. Date of filing objection.

If a Commissioner is appointed, the order appointing him shall specify the time for submitting his report and for filing objection, if any, thereto, and the suit or matter shall be adjourned to a fixed day.

Rule - 207. Appointment of Commissioner to audit account.

If the Court finds that the books of account have been regularly and properly kept, and correctly represent all the dealings and transactions in question; it may appoint a Commissioner to audit the account and vouch the items thereof, and to prepare a statement of account and balance sheet as in Form No. 39.

Rule - 208. Declaration by Court.

If the Court finds that any items have been included in the books of account which do not form part of the transactions in question, or are not properly chargeable to any party, or that any transactions have not been included in the said books, it shall declare generally the nature of the transactions or items to be excluded or included in taking the accounts and the Commissioner shall be empowered to state what amount, in his opinion, should be allowed or disallowed in these respects.

Rule - 209. Report of the Commissioner.

The Commissioner shall make his report in the manner prescribed by Form No. 40 and shall annex thereto a statement of the proceedings he had before him and the evidence recorded by him together with a list of witnesses examined and exhibits marked by him. If he is empowered to state his opinion on the matter referred to him, he shall append to his report schedules setting out the several contested items allowed or disallowed by him and stating shortly his reasons for so doing, as in the said form.

Rule - 210. Consideration by Court.

The Court shall consider the objections, if any, of the several parties to the statement of account and balance sheet or to the report of the Commissioner and may, if necessary, direct any party to bring in a fresh account and balance sheet or refer the report to the Commissioner with fresh directions as to the manner of vouching or taking the accounts.

E. MISCELLANEOUS

Rule - 211. Forwarding of copies of judgments to other Departments.

If, in any case, the Court feels that the irregularities in any department and adverted to in the judgment should be brought to the notice of that department, the Court should forward a copy of the Judgment to the High Court with a request to transmit the same to the concerned department. The Court should not directly send the Judgment to the department.

CHAPTER VI SPECIAL PROCEDURE IN PARTICULAR CASES

A. MINORS AND PERSONS UNDER DISABILITY

Rule - 212. Plaint or original petition on behalf of a minor.

When a plaint or original petition is presented by a person as the next friend of a plaintiff or petitioner, who is a minor or under disability, he shall also file an affidavit by a disinterested person that the next friend has no interest, direct or indirect, in the subject matter of the suit or matter adverse to that of the plaintiff or petitioner, that he is not a defendant or respondent in the suit or matter, and that he is a fit and proper person to act as next friend.

Rule - 213. Appointment of guardian ad litem.

(1)     If the plaintiff of petitioner applies for the appointment of a guardian ad litem for a minor defendant or respondent, he shall give notice or such application to the father, natural guardian or custodian of the minor as the case may be, except when such person has, previously, when duly proposed to be so appointed, declined the appointment.

(2)     Ordinarily only a pleader shall be appointed as a Court guardian.

Rule - 214. Fee to Court guardian.

When a Court guardian is appointed the Court may allow him a reasonable fee for his services.

B. PARTNERSHIP SUITS

Rule - 215. Parties.

In a suit for dissolution of partnership or for an account of partnership dealings, all the partners and all persons entitled to share in the profits of the partnership business shall be made parties.

Rule - 216. Inspection of books of accounts by parties.

If, at any time, it appears to the Court that any party has not had inspection of the books of account or papers of the partnership, the Court may order the same to be produced for his inspection at the Court house or other convenient place; and if any party alleges that the books of the partnership do not correctly set forth all the dealings and transactions of the firm, or contain items or transactions not proper to be included therein, the Court shall direct such party to file a written statement giving particulars of the errors or irregularities complained of.

Rule - 217. Impeachment of settled account.

If any party desires to impeach a settled account on the ground of error, he shall, in his plaint or written statement, set out the specific errors or irregularities alleged by him, and, if on the ground of fraud or a mistake affecting the whole account, he shall in his plaint or written statement set out full particulars of the fraud or mistake alleged by him.

Rule - 218. Preliminary decree where partnership and books admitted.

If at the first hearing of the suit, the partnership and terms thereof, and the correctness of the books of account are admitted and it is only necessary to take an account, the Court may at once pass a preliminary decree specifying the account to be taken and the manner of taking the same, as in Form No. 41.

Rule - 219. Matters to be determined at hearing.

At the hearing of the suit, the Court shall determine the persons who are partners of the firm and who are entitled to share the profits thereof, and the proportions in which they are entitled to share profits are liable for losses, and also whether the book of partnership have been regularly and properly kept and correctly represent the transactions and dealings of the partnership, or, if any allegations have been made in this behalf by any party, whether there are any errors or irregularities therein, or any party has been guilty of fraud in respect thereof. If the Court finds that there are errors or irregularities in the accounts or that fraud has been committed, it shall declare generally the nature of such errors, irregularities or fraud or the particular transaction in respect of which the same has been committed.

Rule - 220. Court to give directions as to taking account.

The Court shall also determine what accounts are to be taken and from and up to what date and give such directions as may be necessary for taking the same in the manner prescribed by rules and shall direct what notice, if any, is to be given by advertisement in the local newspapers or otherwise of the dissolution of the partnership. The Court may, if a Receiver has not been previously appointed, appoint a Receiver for the assets of the partnership. The Court shall then pass a preliminary decree in Form No. 41 or Form No. 42, and shall adjourn the further hearing of the suit to a fixed day.

Rule - 221. Errors in settled accounts.

In the case of a settled account if errors or irregularities are proved, the Court may either rectify particular items or give liberty to any party to file a statement of objection and surcharge and, if fraud or a mistake affecting the whole account is proved, the Court may direct an account to be taken from the date of the settlement of accounts, if any, preceding the fraud or mistake.

Rule - 222. Commission to take account.

If a Commissioner is appointed to take an account, he shall take the same in accordance with the directions and findings of the Court as contained in the preliminary decree, and, except as aforesaid, none of the matters mentioned in Rules 219 and 220 shall referred to or dealt with by the Commissioner.

Rule - 223. Order for discharge of debts and liabilities.

When the accounts of the firm have been duly taken and approved by the Court, it shall pass an order providing for the discharge of the debts and liabilities of the firm and for the retention in Court of a sum sufficient for payment of any cost, charges and expenses of the suit properly payable out of the assets.

Rule - 224. Distribution of assets when they exceed the liabilities.

If the assets exceed the debts and liabilities of the firm, and if the parties agree to retain the assets in their hands respectively on account of their shares in the firm, the order under Rule 223 may also provide for the payment of any balance which may be due by the firm to any of the parties, debiting them with the estimated value of the assets in their hands. If the parties apply for the distribution of the assets in any other manner, the order may direct the realisation of sufficient assets to discharge the debts and liabilities of the firm, and to provide for equality of partition. The Court may, if the terms of the said order have been complied with, pass a final decree in Form No. 43, 44 or 45 according to the circumstances of the case.

Rule - 225. Procedure where liabilities exceed the assets or where parties do not consent to a distribution of assets.

If the debts and liabilities exceed the assets of the partnership or the parties do not consent to a distribution of the assets, the Court shall direct the balance due from the several partners to be paid into Court and the assets to be realised, and if it appears that the debts and liabilities have been fully discharged the Court may pass a final decree in Form No. 44 omitting paragraph 4 thereof.

Rule - 226. Appointment of Receiver on default of party.

If any party ordered to make any payment or to do any other act fails to comply with the order of the Court, any other party may apply that a Receiver be appointed to collect and realise the assets of the firm and for an injunction to restrain the party in default from retaining or parting or dealing with the said assets in any manner.

Rule - 227. Stamp paper for final decree.

A final decree effecting a partition of partnership assets shall be engrossed on non-judicial stamp paper as an instrument of partition.

C. PARTITION SUITS

Rule - 228. Parties.

In every suit for partition, all persons entitled to shares or to maintenance shall be joined as parties; and if it is alleged that any co-owner has alienated any portion of the joint property or his interest therein in circumstances rendering the alienation not binding on the co-owners, the alienee shall be made a party to the suit and the party making the allegation shall set out the particulars of the alleged alienation in his pleading.

Rule - 229. Plaint.

The plaint shall state the relationship, if any, of the parties the share to which the plaintiff is entitled, and the allowances or residences, if any, which it is proposed to allot to them respectively, and, unless a general account is prayed for, the particular items of joint property of which division is sought, and, to the best of the plaintiffs knowledge, the encumbrances, charges and outgoings, if any, to which they are subject, and the net value of each item, and shall also state whether any debts or liabilities of the co-owners payable out of the joint properties are outstanding or unsatisfied, as in Form No. 46.

Rule - 230. Matters to be determined at hearing.

At the hearing of the suit, the Court shall determine who are the persons interested in the joint property and their respective shares and interests therein, whether there are any outstanding debts and liabilities which should be satisfied out of the joint property, and, if any allegation has been made in this behalf, whether any person has alienated any portion of the property in circumstances rendering the alienation not binding on the other co-owners or is liable to account for any particular property in his possession or in any other manner. No such question as aforesaid shall be referred to or dealt with by a Commissioner appointed to take an account or divide any property and if any such question arises before him, he shall reserve the same for the determination of the Court.

Rule - 231. Account of outstanding liabilities.

If it appears to the Court that there are outstanding debts or liabilities or any matter to be accounted for by any party which ought to be satisfied out of the joint property and that the same cannot then be ascertained the Court shall direct an account to be taken thereof.

Rule - 232. Interim decree.

If it is found necessary to take an account the Court shall pass a preliminary decree specifying the several accounts which shall be taken in the manner prescribed by Rules 199 to 210 and the further hearing of the suit shall be adjourned.

Rule - 233. Discharge of outstanding liabilities.

If any debts or liabilities other than encumbrances, charges or outgoings on or out of immovable property are outstanding, the same shall, unless the Court otherwise directs, be ascertained, and, as far as practicable, discharged or provided for before any order or decree is made for the division or distribution of the joint property.

Rule - 234. Order for sale.

(1)     When it is ordered in a partition suit that any property may be sold and proceeds divided, persons other than the co-owners shall not be permitted to bid in the sale, unless it appears to the Court that it is just and expedient to order otherwise.

(2)     The sale when the bid is not open to strangers shall be held in open Court on a day to which the case is adjourned for the purpose. The highest bid shall be accepted and the sale confirmed at once unless the sale is adjourned to some other date.

(3)     The co-sharer purchasing at the sale shall not ordinarily be obliged, to deposit the sale price in Court at once and the amount may be debited against him in the final adjustment of accounts in the case if the value of his share in the entire assets will be sufficient to cover the sale price. The Court shall record in the proceedings the date and time of sale, the amounts of the several bids, the name of the purchaser and whether the sale price has been deposited or allowed to be retained for future adjustment. The property so purchased shall be allotted in the final decree to the share of the purchaser at the value of the bid confirmed and accepted by the Court.

(4)     If any such purchaser on being so ordered, fails to deposit the sale price within the time allowed by the Court, the property shall be resold at his risk and the loss, if any, resulting from the resale together with the costs of the adjourned sale may be realised from him or debited against his share.

(5)     Where the Court considers that the interests of the parties will be better served by ordering a sale, open for the bid of the general public, the Court may appoint an auctioneer and shall fix his remuneration for the purpose, and may give the necessary directions relating to the place, time and manner of publication and conduct of the sale and shall direct any of the parties to deposit in Court any sum required for the publication and conduct of the sale. Properties or assets sold by the Court in the course of a partition suit shall be delivered over to the purchaser with the documents of title. The Court may also direct the co-sharers or the Receiver to execute a deed of conveyance to the purchaser at his cost and may, if necessary, appoint a Receiver for the purpose.

Rule - 235. Final decree.

(1)     The final decree in a partition suit shall, in addition to the particulars stated in Rule 182 contain particulars regarding the following:

(i)       the movable and immovable assets adjudged to be partible, the shares and the quantum of each share;

(ii)      the debts adjudged to be binding on the joint estate;

(iii)     the interim relief or reliefs already allowed before the final decree;

(iv)    the result of the final adjustment of the accounts including mesne profits, costs, value of improvements, damages, contributions and amounts payable for equalisation of shares and what amounts are finally payable by and to whom;

(v)      the allotment made to each party in the assets and the share of the debts to be borne by him;

(vi)    the provisions made for members of the family for residence, maintenance or marriage;

(vii)   the easements or other burdens imposed on each share; and

(viii)  every other matter relating to the partition as stated in the Judgment.

(2)     The plans of the immovable properties partitioned under the decree showing the several blocks into which they have been divided, with the survey measurements and extent, shall be appended to the decree besides the schedules of properties.

Rule - 236. Furnishing of stamp paper for final decree.

The Court shall, in its final judgment in a partition suit, direct the parties to deposit in Court the amount required for the non-judicial stamp paper for engrossing the decree in proportion to the value of their shares and any party failing to deposit the amount as directed within the time allowed shall be deemed to be in default and shall be liable for the costs of the adjournment. The Court may allow any party to deposit the entire amount or the share of any other party and direct the same to be realised from the party or parties liable for the same.

Rule - 237.

(1)    Decree to be engrossed on stamp paper.

The decree in a partition suit shall be prepared on non-judicial stamp paper of the requisite value and shall be retained by the Court and shall form part of the record, and copies of the same shall be furnished to the parties as in the case of other decrees.

(2)    Copy to be sent to Sub-Registrar.

A copy of the final decree in a partition suit shall be sent to the Sub-Registrar within whose jurisdiction the immovable property is situate and in cases where the properties fall within the jurisdiction of more than one registration sub-district, the Court shall send a copy to each Sub-Registrar.

Rule - 238. Procedure where stamp paper is not furnished.

(1)     [13]If the parties fail to produce the amount required for the stamp papers as directed, the records of the cases shall be consigned to the record room without drawing up the final decree and to such cases the rules regarding destruction of records shall not apply.

[14](2)   If any party subsequently desires to have the decree prepared, he shall move therefor by petition producing at the same time the amount required for the stamp papers.

(3)   The amount required for the stamp papers so produced, will be treated as costs in the final decree.

(4)   Any application for copy of a final decree, in a case in which the records have been consigned to the record room without preparing the final decree under sub-rule (1), shall be returned to the applicant stating that the final decree has not been prepared.

CHAPTER VII CERTIFIED COPIES AND PRINTING RULES

A. CERTIFIED COPIES

Rule - 239. Application for copies.

(1)     Any person entitled to obtain a copy of any proceeding or document filed in or in the custody of the Court, may present an application therefor as in Form No. 47 setting out the name of the applicant, his position in the suit or proceeding if he is a party thereto, and the description of the document of which copy is required.

(2)     Copies of Judge's minutes or of correspondence, and other papers not strictly Judicial will be granted only under orders of the Judge.

[15][(3) Any party to the proceeding may, immediately after the judgment or order is pronounced, apply orally to the Court for a carbon copy or photostat copy thereof, and, if the court so directs, a carbon copy or photostat copy duly certified shall be issued to the party on his making an application for an urgent copy under Rule 246 accompanied by the copying charges required by Rule 248.]

[16][Provided that in cases where the State Government or the Central Government is a party, a carbon copy may be issued to the State Government or the Central Government, as the case may be, by the office free of cost, on receipt of a written requisition for the same.]

(4)   [17][In LAR cases, a copy of the judgment and decree will be supplied to the concerned government pleader representing the state, free of cost, if applied for.

Provided that the grant of a free copy under sub-rule (4) will not affect the requirements of Rule 258.]

Rule - 240. Application for copies by strangers.

Application for copies of records by persons not parties to the suit or proceedings shall be allowed only by order of the Judge obtained on a duly verified petition setting forth the purpose for which the copy is required. But copies of judgments can be granted to all persons prepared to pay the prescribed fees for the supply of such copies.

Rule - 241. Application for more than one document.

A copy application may pray for copies of more than one document or proceeding in the same suit or other matter.

Rule - 241A. [Defective applications.

When applications are returned for rectification of defects, a time limit of seven days shall be fixed for their representation. Defective applications which are not taken back by the parties and which are not re-presented within the period fixed shall be struck off by the chief ministerial officer.][18]

Rule - 242. Calling for Stamp Papers.

Every day between the hours of 3 and 5 P.M. a list showing the applications in which records have been received and the number of stamp papers required shall be affixed to the notice board of the Copying Section. Such list shall remain suspended for [19][three clear working days] in accordance with Rule 6, but, if the last day should fall during a vacation the list shall remain till the day after the re-opening day. Within that time, the applicant shall supply the stamp papers called for, failing which the application shall be struck off.

Rule - 243. Additional stamp papers.

Whenever additional stamp papers are found necessary, they shall be called for and supplied in the same manner as in the above rule:

Provided that when the additional stamp papers called for have not been deposited but the stamp papers originally deposited are sufficient for the preparation of complete copies of one or more documents, the copy application shall be complied with by delivery of such of the completed copies as can be prepared on the stamp papers supplied, the decision of the Examiner as to the documents to be selected for copying being final. The copy application shall be rejected only as to the rest.

Rule - 244. Intimation of date of delivery of copy.

The [20][Fair Copy Superintendent or the Examiner, as the case may be] shall fix a date for the appearance of the applicant to receive the copy and notify the same on the notice board of his Section. Should the copy not be ready on the date so fixed, the [21][Fair Copy Superintendent or the Examiner, as the case may be] shall fix another day therefor and notify the same in like manner on or before the date originally fixed for delivery of the copy.

Rule - 245. Disposal of incomplete copies.

When an application is struck off, in whole or in part, the incomplete copy shall be destroyed after 12 months from the date on which the application is struck off unless such copy is completed before the expiration of the period, which shall be under the orders of the Judge on a petition filed by the party within 6 months of the date when the application was struck off and the deposit by him of additional stamp papers under the terms of such order. No party shall be entitled to return of stamp papers which are used but on which an incomplete copy is written.

Rule - 246. Order in which application to be complied with.

The preparation of all copies of documents applied for or such of them as admit of being copies in full on the stamp papers deposited shall, as far as possible, be undertaken in accordance with the serial order of the application except when the Judge makes an order for precedence as regards any particular application. Such order for precedence shall be made only on a separate application filed for that purpose.

Rule - 247. Delivery of copies.

A list of copies ready for delivery shall be posted on the notice board of the Section and shall remain thereon for 3 clear days other than holidays. The copy and any unused stamp papers shall be delivered to the applicant, and if the copy is not claimed by the applicant within 12 months of the date of posting of the said list, it shall be destroyed and the unused stamp papers, if any, shall be forwarded to the nearest Treasury Officer.

Rule - 248. Copying charges.

(1)     Copying charges shall be called for and supplied in the shape of copy stamp papers calculated at the rate of stamp papers of [22][One Rupee] for every 175 words in English or 125 words in Malayalam or Tamil or Kannada or fractions thereof:

Provided that instead of furnishing copy stamp papers a party may furnish transparent foolscap paper of durable quality with the requisite court fee stamps affixed on each sheet and the rules applicable to the preparation of copies on stamp papers shall apply;

[23][Provided further that copying charges shall be called for and supplied at the rate of one rupee fifty paise per page for photostat copies in the shape of adhesive court fee stamps.]

(2)     Five numeral figures shall be taken as equivalent to one word. Words in Malayalam or Tamil or Kannada with short suffixes and inflections shall be counted as a single word for the purpose of this rule.

(3)     In granting copies of records, each statement, account, report petition, order or the like should be treated as a separate document and should be written on separate copying stamp papers.

Rule - 249. Copies of maps, plans, etc.

Where the copies applied for are of maps, plans, or genealogical trees, which cannot be copied on ordinary stamp paper, they shall be prepared on plain paper and skilled labour may be employed for that purpose, if necessary. A reasonable fee shall in each case be fixed by the Court and deposited in cash by the party in the same manner as for a commission under the Code; three-fourths of such fee shall be paid to the person employed in preparing the copy and the balance shall be credited to the Government. These charges shall be entered in the register of cash deposits under two heads, three-fourths copying charges and one-fourth comparing fees.

Rule - 250. Production of stamp papers.

The person producing stamp papers for copies shall make an endorsement, on the copy application showing the number of stamp papers produced, and the Examiner of Copyists shall initial and the same in token of receipt.

Rule - 251. Transcription of copies.

(1)     [24][Every Copyist shall legibly and neatly transcribe not less than 25] copy sheets per day and shall also assist in examining copies. Copies must be transcribed on that side of the paper which bears the stamp and a margin of 2.5 cm. should be left on the left hand side. The pages of the copy shall be consecutively numbered and each page must be initialled at the foot by the copyist and the [25][Fair Copy Superintendent or the Examiner, as the case may be] and the last page signed by the [26][Fair Copy Superintendent or the Examiner, as the case may be,] Reader and Copyist. Erasures are strictly prohibited. When a correction has to be made in the copy, the incorrect word shall be struck through by a line in ink across the word and the correct word written above the word so struck through. The [27][Fair Copy Superintendent or the Examiner, as the case may be], shall initial every alteration and interlineation in the copy, and shall also state at the foot of each page the number of alterations and interlineations made therein. The pages in the original should be indicated in the copy also before the matter is transcribed and when there is no pagination the number of the sheet copied should be indicated.

(2)     The transcribed copies shall be compared by the [28][Fair Copy Superintendent or the Examiner, as the case may be] or by such officer as the Court shall direct or by a copyist, but in no case shall a copy be read to the [29][Fair Copy Superintendent or the Examiner, as the case may be], or the examination in, any way assisted in by the Copyist who prepared the copy.

(3)     In the case of a copy for which the preduction of non-judicial stamp papers of a particular denomination is required, the said stamp paper or papers supplied for the purpose shall be used for copying and shall be written on in the same manner as copy stamp papers, copy stamp papers being furnished to make up any deficiency. An adhesive court-fee label of the value of [30][one Rupee] shall be affixed to each such non-judicial stamp paper.

Rule - 252. Typing of copies.

Every English typist-copyist shall legibly and neatly type not less than thirty-five (35) copy pages per day when not attending to comparing work or not less than thirty (30) copy pages per day in addition to comparing work. Every Malayalam typist-copyist shall legibly and neatly type not less than twenty-five (25) copy pages per day when not attending to comparing work or not less than twenty (20) copy pages per day in addition to comparing work.

Rule - 253. Sealing and certificate.

All copies furnished by the Court shall be certified to be true copies by the officer appointed for the purpose and shall be sealed with the seal of the Court.

Rule - 254. Endorsement of copies.

Every copy shall bear an endorsement initialled by the [31][Fair Copy Superintendent or the Examiner, as the case may be], showing the following particulars:

(1)     Name of the Court.

(2)     Year and number of the suit or other proceeding.

(3)     Name of the applicant.

(4)     Number and date of the application.

(5)     Date of calling for stamp papers.

(6)     Date of production of papers.

(7)     Date of calling for additional papers.

(8)     Date of production of additional papers.

(9)     Date when copy was ready.

(10)   Date notified for appearance to receive the copy.

(11)   Date when copy was delivered.

P. PRINTING RULES

Rule - 255-271

[32][x xxx]

Note. In order to avoid delay and minimise the cost of litigation, The High Court has decided to do away the necessity for printing of judgments for filing appeals.

CHAPTER VIII PROCEEDINGS IN EXECUTION

A. GENERAL

Rule - 272. Rules applicable to all proceedings in execution.

The following rules shall apply to all proceedings in execution whether of decrees or of orders and in this Chapter the word 'decree' includes an order.

Rule - 273. Transmission of decree for execution.

An application for the transmission of a decree to another Court for execution shall be made by a verified execution petition headed with the cause title of the suit and the serial number of the execution petition in the suit and shall state, in addition to the particulars set out in clauses (a) to (j) inclusive of Order XXI, Rule 11(2) of the Code, any facts relied on by the applicant to bring the case within the terms of Section 39 and Order XXI, Rules 4 and 5 of the Code and shall specify the Court to which transmission of the decree is sought as in Form No. 50.

Rule - 274. Notice of the application.

(1)     If the application is admitted, the applicant shall, within three days thereafter, deposit in Court the postage charges required for transmitting the same.

(2)     Notice of the application shall be given in all cases in which under Order XXI, Rule 22 of the Code, notice of an application for execution is required.

Rule - 275. Transmission to what Court.

The decree shall be transmitted to the Court of the lowest grade competent to execute it.

Rule - 276. Application to transferee Court.

Where a decree of one Court has been transmitted for execution to another Court an application for execution shall be made to the latter Court.

Rule - 277. Return of decree to the transmitting Court.

If, after a decree has been sent to another Court for execution, the decree-holder does not within six months from the date of the receipt of the decree by such transfer, apply for the execution thereof, the Court to which the decree has been sent shall certify the fact to the Court which passed the decree and shall return the decree to that Court.

Rule - 278. Application for execution.

An application in writing for execution shall be as in Form No. 51.

Rule - 279. Certified copy of the decree to be filed.

The decree holder shall, together with the first petition for execution or, for transmission of a decree, file in Court a certified copy of the decree sought to be executed, and shall not be required upon any subsequent application, to file a further copy of the same decree, unless the copy already filed has been sent to another Court under Order XXI, Rule 6 of the Code and has not been returned and application is made to the Court which passed the decree for concurrent execution.

Rule - 280. Defective petition.

A petition not complying with the provisions of the Code or of these rules or not claiming any substantial relief shall be returned for amendment or rejected.

Rule - 281. Notice of petition.

When the Court orders notice on a petition it shall fix a date for the hearing of the petition and the applicant shall within a period of 3 days or such other period as may be fixed by the Judge bring into Court the process fees prescribed for the issue of the notice. When on the day fixed for the hearing it is found that the notice has not been served by reason of the applicant having failed to pay the fees the Court may either dismiss the petition or give the applicant time for the payment of the fees adjourning the hearing of the petition to another date.

Rule - 282. Execution of decree against State.

Where the application for execution is of a decree against the State, the Court to which such application is made, shall ordinarily issue a notice to the Government Pleader and allow reasonable time for payment of the money or other satisfaction of the decree as prayed for.

Rule - 283. Cumulative relief.

If the execution petition prays for assistance of the Court in more than one mode, the Court shall issue appropriate processes one after another or simultaneously and the execution petition shall not be deemed to be finally disposed of until all the steps prayed for are exhausted or the petition is dismissed on the merits or for default of the decree holder.

Rule - 284. Application by one of joint decree holders.

(1)     Where an application is made by one or more of several joint decree holders, unless a written authority signed by the other decree holders enabling the applicant or applicants themselves to execute the decree and to receive or realise any money or property to be recovered under the decree, is filed in Court, the Court shall give notice of the application to the other decree holders before allowing execution.

(2)     Every such application shall state the names and addresses for service of the decree holders who have not joined the execution petition, and, if any of them is not alive, the names and addresses of their legal representatives and the reasons, if any, why the application is not made jointly by all the decree holders.

Rule - 285. Determination of questions arising in execution.

All questions falling within Section 47 of the Code shall be heard and determined after recording all evidence oral and documentary, in the same manner as in a suit and the Court shall also record its judgment and draw up its order in like manner.

Rule - 286. Oral application for execution under Order XXI, Rule 11(1) of the Code.

When an oral application for the arrest of the judgment debtor is made under Order XXI, Rule 11(1), the fact shall be recorded by the Court in its proceedings as soon as the arrest is made. The total amount due under the decree including costs shall be ordered to be ascertained by the office at once and the decree holder shall deposit the requisite process fee and subsistence money for arrest. Thereupon a formal warrant of arrest for the realisation of the said amount shall be prepared and served on the debtor immediately.

Rule - 287. Oral application for relief.

At the hearing or any adjourned hearing of an execution petition, the decree holder may apply orally for any relief prayed for by the petition, and any other party may, upon giving three days' notice in writing to the opposite party, make any application with respect thereto.

Rule - 288. Application in pending execution petition.

If it is necessary to make an application in connection with a pending execution petition otherwise than at the hearing or any adjourned hearing thereof, the application shall be headed with the cause title of the suit and the serial number of the execution petition.

B. ARREST AND DETENTION

Rule - 289. Arrest of Government servants.

(1)     When an application is for the execution of a decree for money by the arrest and detention of the judgment-debtor, the decree holder shall state in his application whether the judgment debtor to be arrested is a Government servant or not, and if a Government servant, the office wherein he is employed, his official designation, and the designation of his official superior.

(2)     Before issuing the warrant of arrest to any debtor, the Court shall ascertain whether he comes within any notification issued under Section 55(2) of the Code and if so, follow such procedure in the matter of arrest as may be prescribed by the Government in this behalf.

(3)     When issuing a warrant for the arrest of a public servant, notice in writing of the intended arrest shall be sent by the Court to the immediate official superior of the person to be arrested. The notice shall be delivered to the official superior, before the warrant is executed, by the process server to whom the warrant is entrusted for execution, unless it appears to the Court that the delivery of the notice is likely to delay the execution of the warrant unduly, in which case the notice shall be despatched to the official superior, before the warrant is handed over to the process server, by post or by such other means as appears proper to the Court.

Rule - 290. Subsistence allowance.

Where no scales of monthly allowance have been fixed under Section 57 of the Code, such allowance shall be fixed by the Court subject to a minimum of [33][Rs. 10] per diem. The subsistence allowance may be increased by the Court on medical or special grounds to be recorded in each case and the order directing any such increased allowance, may, from time to time, be cancelled or modified.

Rule - 290A. [Allowances for Mohasel Custody.

The Court may fix for payment to the officer of the Court in whose custody the judgment debtor is committed, such amounts by way of travelling allowance and other incidental expenses as are necessary, having regard to the distance, nature and duration of such custody.][34]

Rule - 291. Subsistence allowance for imprisonment for several decrees.

Subsistence allowance shall be collected only in one case where a debtor is imprisoned in execution of several decrees against him.

Rule - 292. Tender of subsistence money by peon.

The subsistence money paid to the Court by the decree holder under Order XXI, Rule 39(1) shall be entrusted to the process server when warrant of arrest is issued and he shall tender the same to the debtor as soon as the arrest is made. The payment shall be acknowledged by the debtor on the back of the warrant. If the arrest is not made or if the judgment debtor declines to receive the sum tendered, the process server shall return the amount to the Court with an endorsement to that effect on the back of the warrant. Such unexpended amounts shall be refunded to the decree holder if he does not desire the arrest to be made.

Rule - 293. Notification of return of warrant.

When a warrant of arrest is returned unexecuted, the fact shall be notified in the notice board of the Court and a fresh warrant may issue on the decree holder paying the necessary process fee provided there is sufficient time before the date of hearing for execution of the warrant.

Rule - 294. Report when judgment-debtor is ill.

Whenever a person who has been arrested under a warrant appears to be too ill to be removed from his residence or other place where he may be after his arrest and before he is brought to Court, the officer who has arrested such a person shall, [35][at the expense of the decree holder], forthwith send a report to the Court [36][through the decree holder or any other messenger] and shall remain with the prisoner and retain him in his custody until the order of the Court is obtained under Section 59(2) of the Code:

[37][Provided that, if the Decree holder or his agent is not present or being present does not carry the report or advance the expenses for sending the messenger, the Officer may release the prisoner and report the matter forthwith to the Court].

Rule - 295. Medical examination of debtor.

(1)     The Court may also at the instance of the decree holder and at his expense cause the debtor to be examined by a competent medical officer, and, if satisfied that the debtor is physically in a condition to be brought to Court, shall order accordingly.

(2)     The costs of such medical examination and the conveyance charges, if any, incurred for taking the debtor to Court shall be part of execution costs and shall be realised as such.

Rule - 296. Arrest of debtor in custody.

(1)     A judgment-debtor while in custody under arrest in execution of one decree can be arrested for the execution of another decree.

(2)     When the arrest of the judgment-debtor is made by different Courts, the debtor, having been dealt with by the Court that arrested him first, shall be surrendered to the other Court.

Rule - 297. Release of judgment-debtor.

Subject to the provisions of Order XXI, Rule 40(6) of the Code, the presiding officer of every Court, shall, during his temporary absence, authorise some competent officer of the Court to release persons arrested, where no detention batta is paid and where batta is paid, detain them in the custody of an officer of the Court for a period not exceeding 10 days in the aggregate.

Rule - 298. Warrant to whom to be directed.

The warrant of commitment shall be directed to the officer-in-charge of the Civil Jail at the headquarters of the district in which the Court is situate or of such jail as is specified in relation to the Court from time to time.

Rule - 299. Medical examination of sick debtor.

If before committing the debtor to jail the Court thinks it necessary that the debtor should be medically examined for the purpose of testing his physical fitness, it shall order such amount as may be required therefor to be deposited either by the judgment debtor or decree holder, and, in the latter case, shall allow him the amount so deposited as part of the execution costs. If the decree holder does not deposit the amount so required by the Court the debtor shall be released from custody.

Rule - 300. Payments to be made by creditor when debtor committed to jail.

(1)     Before committing a debtor to jail, the Court shall cause the decree holder to make the following payments:-

(a)      the travelling allowance of the process peon escorting the judgment debtor according to the rules applicable to Government servant of their class;

(b)      subsistence money for such portion of the current month as remains unexpired, calculated from the date of commitment;

(c)      [38][Rs. 50] on account of bedding charges; and

(d)      such other sum as may be fixed by the Court for the conveyance of the debtor from the Court house to the prison and his travelling expenses from the prison to his residence after his release.

(2)     The subsistence allowance for the unexpired portion of the month and the bedding charges and the travelling expenses for the return of the debtor shall be forwarded to the officer-in-charge of the jail along with the warrant of commitment.

(3)     The monthly subsistence allowance required to be supplied under Order XXI, Rule 39(3) shall be paid by the decree holder in advance to the officer-in-charge of the jail or remitted to him by money order.

(4)     The amount due on the date of the decree and the interest and costs of execution incurred subsequent to the decree shall be separately shown in the warrant of commitment.

Rule - 301. Release of debtor on payment.

A debtor committed to jail is entitled to immediate release on payment of the decree debt mentioned in the warrant of commitment. When the payment is received by the officer-in-charge of the jail, he shall send the amount to the Court and return the warrant of commitment with the fact of payment endorsed thereon.

Rule - 302. Unexpended amount to be returned to Court.

Along with the return of the warrant of commitment, the officer-in-charge of the jail shall also send to the Court the unexpended portion, if any, of the amounts received by him for subsistence allowance etc., and the decree holder shall be entitled to receive the same from the Court.

Rule - 303. Debtor to be paid expenses for journey on release.

On release, the debtor shall be entitled to receive from the officer in charge of the jail, the expenses of his journey to his house from the prison.

Rule - 304. Information to be given to superior officer when public servant imprisoned.

When a public servant is arrested and imprisoned for a decree debt, the dates of his arrest and discharge should be intimated to his official superior by the Court.

Rule - 305. Release of sick debtor by officer-in-charge of jail.

(1)     If on the report of a medical officer or otherwise, the officer-in-charge of a jail is satisfied that any debtor is in such a bad state of health that he cannot undergo further detention without endangering his life or without detriment to the health of the other inmates and that it is necessary to take action before an order of the Court can be obtained, he may forthwith release the debtor and intimate the fact to the Court.

(2)     Such release shall not, however, discharge the judgment debtor from liability to re-arrest in execution of the same decree, but the period of his detention shall not in the aggregate exceed that prescribed by Section 58(1) or Order XXXVIII, Rule 4 of the Code as the case may be.

C. ATTACHMENT AND SALE

Rule - 306. List of property for attachment.

(1)     In every application for execution of a decree by attachment or by attachment and sale of property, a list shall be appended at the foot of the application or be filed along with the application.

(2)     The list shall contain in serial order the items and nature of the property required to be attached and shall show in whose possession or custody the same happens to be and the estimated value of each item.

(3)     Immovable property shall be described with the particulars and in the manner required in the case of plaints and the interest of the Judgment debtor in the property shall be stated.

Rule - 307. Copies of list to be furnished.

Along with the deposit of process fee for effecting attachment, the decree holder shall produce as many copies of the list as are required for service of the order of attachment on the debtor or any other person concerned and also for the purpose of affixing the warrant of attachment in the places referred to in Order XXI of the Code.

Rule - 308. Deposit of cost of removal and other charges.

(1)     Every person applying to the Court to attach movable property (other than cash, Government or other securities, jewels, or other valuable articles of small bulk which may conveniently be taken physical possession of by the Amin), shall in addition to the process fee fixed by the rules, deposit such reasonable sum as the chief ministerial officer of each Court may, subject to the directions of the Presiding Judge, fix for the cost of its removal to the Court house and for its safe custody; and if such property is livestock, for its maintenance for not less than seven days at the rates fixed in sub-rule (2). If such deposit is not made the attachment shall not issue.

(2)     The expenses for custody, preservation and maintenance shall not be less than the following:

(3)     The unexpended portion of the amounts so deposited shall be refunded to the decree holder.

Rule - 309. Sale of attached movable property at the spot.

(1)     When the property attached is kept in the village or place where it was at the time of attachment and it cannot be conveniently removed to the Court or is of a perishable nature or the expenses of keeping it may exceed its value, the Court shall, on the report of the officer making the attachment, order its sale at the spot after due notice to the parties or their pleaders.

(2)     Such sale shall be conducted by such officer as the Court may depute and the highest bid and the name of the person making the same, along with the sale price, shall be submitted to the Court for its orders.

(3)     On confirmation of the sale by the Court the property shall be delivered to the purchaser at the spot on his receipt.

Rule - 310. Payment of additional charges.

The Court may, at any time during the pendency of an attachment, direct the decree-holder to pay into Court, within a time to be prescribed, such additional sum as may be necessary to provide for the maintenance of livestock or for the cost of the removal of the property from one place to another or for safe custody.

Rule - 311. Breaking open of door and subsequent procedure.

(1)     Subject to the provisions of Section 62 of the Code a warrant of attachment is a sufficient authority to the Amin to break open the door of a building or a room in which he believes the property to be attached is concealed or secured. But he should do so only in the presence of respectable witnesses.

(2)     The Amin shall prepare an accurate inventory of all articles found in the building or room broken open and get the inventory attested by the witnesses present.

(3)     He shall prepare a separate list of the articles attached and the same shall also be attested by the witnesses present.

(4)     The building or room with the articles not attached shall then be relocked and sealed by he Amin who shall produce the key in Court along with the inventory. The key shall be handed over to the Judgment-debtor on his application.

Rule - 312. Withdrawal of attachment of movables.

(1)     If owing to any default of the person at whose instance movable property is attached, it is not found possible to bring it to sale within such time as the Court considers reasonable, the Court may at once withdraw the attachment and direct the return of the property to the party from whom it was originally seized and charge the defaulting person with the cost of attachment etc., including the fee the leviable on the process for releasing the property from attachment and for the notice hereinafter mentioned.

(2)     The Court shall give notice to the party from whom the property was taken in attachment, calling upon him, within the time fixed, to pay any amount that may be due to the Court in respect of the custody, up-keep and release of such property and to receive possession of the same.

(3)     On his default to appear and pay such amount and receive the property, it shall be lawful for the Court to sell the property, and deduct out of the sale proceeds the amount due to the Court and hold the balance in deposit for the benefit of the person from whom the property was seized.

(4)     The judgment debtor shall be entitled to set off the amount collected under this rule against any amount that may be due to the decree-holder under the decree, or claim the return of such balance of the amount paid by him or collected by the sale of the property, as may be in excess of the decree debt.

Rule - 313. Attachment of restricted goods.

In cases where the storing, custody, sale or disposal of the property attached is restricted by law the Court shall give information of the attachment to the appropriate authority and give such directions as are necessary and proper for the disposal of the property and payment into Court of the proceeds, if any.

Rule - 314. Attachment of property in Court.

If the property sought to be attached is deposited in or is in the custody of the Court to which the execution petition is presented and stands to the credit of a suit or matter other than the suit or matter in which the petition is made, and an order for attachment is passed, the decree holder shall, during the continuance of the attachment, present to the Court an application entitled in the suit or matter to the credit of which the property stands, and praying if the property is money, that a sufficient part of the amount due to the judgment-debtor may be paid to the credit of the suit in which the order of attachment was made, or in the case of property other than money that a sufficient part thereof may be realised and the amount due to the judgment debtor may be paid as aforesaid. The Court shall then proceed as if the decree holder was an assignee of the judgment debtor to the extent of the amount due to the former, provided that notice under Order XXI, Rule 22 of the Code shall not be necessary to any party, unless the Court orders otherwise.

Rule - 315. Attachment of property in Court other than the Court executing decree.

Where the property sought to be attached is deposited in or is in the custody of a Court other than the Court executing the decree, the execution petition shall contain a prayer that, after attachment, the decree may be transmitted to the former Court for execution, and if an order for attachment is made, the decree shall be transmitted accordingly. The decree-holder shall then apply to the former Court as required by Order XXI, Rule 11. If such application is not made during the continuance of the attachment or if the same is refused, the Court shall retransmit the decree to the Court which passed it with a certificate stating whether any and what proceedings have been taken in the former Court.

Rule - 316. Attachment of property in custody of public officer.

If the property sought to be attached is in the custody of a public officer, the execution petition shall ask that the property be brought into Court and realised; and the notice of attachment shall request that the money or property be brought into Court, or that such officer will state whether he has any and what objection to so doing. If any objection is raised by such officer the same shall be decided by the Court after hearing.

Rule - 317. Attachment of chitty or kuri securities.

If the property sought to be attached is a security furnished by the foreman of a Kuri or Chitty in favour of the Sub-Registrar or other officer, as required by the chitty laws, attachment shall not be ordered without giving due notice to the Sub-Registrar or other officer.

Rule - 318. Attachment of decree.

An application for the attachment of a decree shall also pray that the applicant be at liberty to apply for execution thereof. If an order for attachment is made, it may be as in Form No. 52 or 53 and the application shall be adjourned to a fixed day for the applicant to apply to the Court or if the decree attached is that of another Court, to that Court, for execution of the attached decree, and notice may, if the Court thinks fit, be given to the holder of the decree. The application shall be made by execution petition, entitled in the suit or matter in which the attached decree was made, and shall be accompanied by certified copies of the order of attachment, and of the decree sought to be executed provided that, if the attached decree is the decree of another Court, the applicant shall also pray for the transmission of the decree sought to be executed to that Court and the Court may transmit the same accordingly together with a notice in Form No. 54. The applicant may then apply to the former Court by an execution petition entitled in the suit or matter in which the attached decree was made for execution of its decree.

Rule - 319. Certain decrees not to be sold in execution.

No decree of the nature specified in sub-rule (1) of Rule 53 of Order XXI of the Code shall be ordered to be sold in execution of another decree.

Rule - 320. Attachment of decree by several decree holders.

If a decree is attached by more than one decree-holder, liberty to execute the same shall be given to the decree-holder whose attachment is first in date, and the Court shall direct any money or property recovered by the said decree-holder to be brought into Court for rateable distribution; provided that if the decree-holder to whom liberty is given as aforesaid, does not show due diligence in executing the attached decree, or for any other sufficient cause, the Court may give to any other decree-holder liberty to executed the attached decree in place of the former decree-holder.

Rule - 321. Attachment of salary.

The warrant of attachment of salary shall be transmitted in a sealed cover, registered when sent by post, to be disbursing officer or such other officer whose duty it is to instruct the disbursing authority.

Rule - 322. Returning warrant unexecuted.

When a warrant of attachment is returned by reason of the attachable portion of the salary or allowance being withheld and remitted to a Court in pursuance to a previous and unsatisfied order of attachment, the officer served with the order of attachment shall also send a statement showing the following particulars:-

(1)     Number and year of suit for which the recovery is made.

(2)     Name of the decree-holder.

(3)     Salary or allowance of the Judgment-debtor.

(4)     Proportion attached.

(5)     Amount recovered to the credit of the decree.

(6)     Total decree amount to be realised; and

(7)     Other relevant particulars.

Rule - 323. Posting of execution petition for further steps.

After transmitting the order of attachment of salary or allowances the execution petition shall be posted to a near date to ascertain the steps taken by the head of the office receiving such order and for the decree-holder to proceed with the execution.

CLAIMS TO ATTACHED PROPERTY

Rule - 324. Claims to attached property.

An application by a claimant or objector under Order XXI, Rule 58 of the Code shall be made by a verified petition entitled in the execution petition under which the property in question has been attached and shall set forth the particulars of the claim in the manner prescribed for the plaint in a suit as in Form No. 55.

Rule - 325. Procedure on admission of application.

If the application is admitted the claimant or objector shall, within 3 days thereafter bring into Court the prescribed fees for service of notice on the attaching creditor and the judgment-debtor and the same shall be served in the manner prescribed for service of summons on a defendant to a suit.

Rule - 326. Hearing of application.

The application shall ordinarily be decided on the affidavit and the documents produced by the parties.

REALISATION OF ATTACHED PROPERTY

Rule - 327. Realisation of attached debts by appointment of Receiver.

(1)     Unless it appears to the Court that, from the smallness of the amount of the debt attached or otherwise, the appointment of a Receiver to collect the same would be worthless or vexatious, no debt or right to any periodical payment shall be realised by sale, but by appointing a Receiver.

(2)     If a Receiver is appointed, he shall, empowered to sue in the name of the judgment-debtor and to grant receipts for any money or property recovered by him.

Rule - 328. Realisation of property attached by seizure.

When an attachment of property is made by actual seizure, if within one month from the date of the attachment, the property has not been sold or the attachment, has not been removed, the Court shall, of its own motion, direct the property to be sold by an officer of the Court, and the proceeds of the sale after payment of the expenses thereof and the prescribed fees, shall be brought into Court to the credit of the suit or matter in which the attachment was made.

Rule - 329. Application for sale of attached property.

(1)     The decree-holder may apply at the adjourned hearing of the execution petition or at any other time by written application in Form No. 56 for the sale of any attached property. Along with the application he shall produce a proclamation of sale to be settled and approved by the Court, as in Form No. 57 or 58 as the case may be.

(2)     The application for sale may also pray that the decree-holder be given liberty to bid at the sale and for the appointment of any fit person other than an officer of the Court for conducting the sale.

Rule - 330. Affidavits and certificates to accompany application.

The decree-holder shall together with his application for sale, file in Court an affidavit or affidavits by himself or some other person acquainted with the property giving the particulars prescribed by Order XXI, Rule 66 of the Code, the interest of the judgment-debtor in the attached property, and whether any person other than the judgment-debtor has any, and, if so, what interest therein and also stating what, in his opinion, is the best time and place of sale and method of advertising the sale, and the lots, if any, into which the property should be divided and the market value of each lot as to the fitness of the persons other than an officer of the Court proposed for the conduct of the sale and what remuneration would be reasonable for his work, as in Form No. 59. The affidavit shall state the encumbrances to which the property is subject and where the amount for the realisation of which the sale is held exceeds Rs. 500/- shall be accompanied by an encumbrance certificate covering a period of 12 years prior to the date of the attachment.

Rule - 331. Affidavit for leave to bid.

When the application for sale contains a prayer for leave to bid at the sale under Order XXI, Rules 72(1) the application shall also be supported by an affidavit setting forth the facts justifying the grant of leave.

Rule - 332. Application for sale of immovable property in general.

The provisions contained in Rules 329, 330 and 331 shall, as far as may be, apply to sale of immovable property where the decree directs the sale of the property.

Rule - 333. Notice to judgment-debtor.

If the application is in accordance with the Code and these rules, the Court shall order notice of the application to the judgment-debtor and other parties interested and fix a day for the hearing of the application.

Rule - 334. Settlement of proclamation.

At the adjourned date the Court shall admit all such evidence as the parties shall be able to produce and after hearing them, shall settle the proclamation of sale, determining the lots, if any, in which the property shall be sold, the market value of the each lot, the manner for advertising the sale and the probable expenses thereof.

Rule - 335. Condition as to minimum amount of bid.

The Court may also permit the decree-holder to bid at the sale with or without conditions attached as to the minimum amount for which he shall bid or otherwise.

Rule - 336. Appointment of person other than an officer of Court to conduct sale.

The Court may for sufficient reason appoint a fit person, other than an officer of the Court, to sell any property and may fix, as his remuneration, a sum certain or a percentage on the net sale proceeds. Such remuneration shall include all personal and travelling expenses, but not the expenses of the sale.

Rule - 337. Order for sale.

(1)     The proclamation of sale when settled shall be signed by the Judge and an order for sale fixing the date, place and time of sale shall then be made. When the property to be sold is immovable property, the order for sale shall also state the date when the sale will come up before the Court for confirmation.

(2)     Within a week after the order for sale has been made, the decree-holder shall pay into Court the estimated expenses of the sale, if any, and the prescribed fees for the proclamation and warrant of sale together with such number of copies of the proclamation of sale as are required under the Code for affixture and return.

(3)     In case of default by the decree-holder, the Court may adjourn the date of sale or may dismiss the execution petition.

Rule - 338. Sale of livestock etc.

Unless the Court otherwise orders, all sales of livestock, agricultural produce, articles of local manufacture and other things commonly sold at country markets which have not been brought to Court shall be held at such markets in the neighbourhood of the place where the goods were attached. The sale shall be advertised in the market place two days before the auction.

Rule - 339. When movable property is in custody of Nazir or Curator.

If any movable property is in the custody of an officer of the Court and it appears to the Court that an immediate sale is necessary, the Court may authorise him to sell the same by public auction and may given such directions as to the date and place of sale and the manner of publishing the same, as the circumstances of the particular case admit.

Rule - 339A. [Sale of unclaimed properties.

(1)     When any movable property which comes into the custody of a Court in the course of any suit or proceeding is found liable to be returned, the Court shall pass an order in that behalf and shall, by a notice, call upon the persons entitled to its return, to appear and take delivery of the property, within a time to be specified therein.

(2)     If, within the time specified in the notice, under sub-rule (1) the property is not taken delivery of by the person concerned [39][a public notice shall be made in the Court notice board and if found necessary by publication in such other manner as the Court may direct having regard to the nature of the case] stating that the property will be sold in public auction on a date to be stated therein, and the sale proceeds, less the incidental expenses incurred, if any, will be held in deposit for the owner.

(3)     If the person entitled, appears and claims the property before the date for sale fixed in the notification under sub-rule (2), the property shall be returned to him on payment into Court by him of the incidental expenses incurred, if any.

(4)     (a) If in any case the person entitled to the return of the property is not known to the Court, and has to be ascertained, [40][a public notice shall be made in the Court notice board and if found necessary by publication in such other manner as the Court may direct having regard to the nature and value of the property] specifying the article and stating relevant particulars and requiring any person who may have claim thereto to appear before the Court and make his claim within three months from the date of such notification or within such time as the Court may deem fit to fix.

(b) If any person appears within the period mentioned in clause (a) or within such time as may be fixed by the Court under the said clause and establishes his claim, the property shall be delivered to him subject to the condition as to payment to be made in sub-rule (3).

(c) If no person appears within such period or if any person appears and claims within such period but fails to establish his claim the property shall be sold in public auction and the proceeds be held in deposit for the benefit of the owner.

(5)     If the property is subject to speedy and natural decay and the delivery thereof cannot immediately be made, the Court may, at any time, direct the same to be sold, in which case the net proceeds shall stand to the credit of the person entitled to the property sold.

(6)     This rule is subject to the rules relating to delivery of possession of house or other buildings locked up which will apply wherever necessary.][41]

Rule - 340. Properties to be sold separately.

When several properties are proclaimed for sale they shall be sold separately unless the Court has reason to think that selling them in one lot will be more beneficial to the judgment-debtor.

Rule - 341. Commencement and closing of auction.

All Courts sales shall commence at 1.45 p.m. and the sale of any lots not completed before 3.15 p.m. shall be adjourned to 1.45 p.m. on the next Court day.

Rule - 342. Declaration of purchaser.

(1)     The highest bidder in the auction shall, subject to the provision in Order XXI, Rule 88 of the Code, be declared to be the purchaser and the sale price and the name of the purchaser shall be noted by the Judge in the sale warrant under his signature.

(2)     The said purchaser shall acknowledge his purchase by subscribing to a sale memorandum briefly reciting the property sold, the sale price, and the full name and description of the purchaser.

(3)     No Court shall allow a person to bid for another except under special authority from him.

Rule - 343. Conduct of sale.

(1)     The person appointed to sell the property shall conduct the sale in the manner prescribed by the Code for the sale of attached property.

(2)     Upon the completion of the sale, he shall file in Court a report as in Form No. 60.

Rule - 344. Application to set aside sale.

(1)     In the case of any application under Order XXI, Rules 89, 90, 91 of the Code to set aside a sale, the applicant shall, if the application is under Order XXI Rules 89 or 90 give the purchaser and the parties to the suit or matter, or, if the application is under Order XXI, Rule 91, give to the parties to the suit or matter, not less than five days' notice in writing of the application setting forth his objections to the sale or the confirmation thereof. If no such notice or insufficient notice is given, the Court may adjourn the hearing, and order the person in default to pay to the other parties their cost of the adjournment or may dispose of the application forthwith. If no application to set aside the sale is made or if such application is made and disallowed, the Court shall make an order confirming the sale. If under Order XXI, Rule 81 of the Code, a vesting order is required, the order shall also direct that the property sold shall vest in the purchaser.

(2)     If the sale is set aside under Order XXI, Rule 89 of the Code, the Court may make an order for payment by the judgment-debtor of any costs or interest, not covered by the proclamation of sale.

(3)     If the sale is set aside under Order XXI, Rule 90 of the Code, the Court shall determine whether any and what party is responsible therefor, and may order such party to pay the costs and expenses of the sale, and make an order that any other party entitled to have the property sold may have the conduct of the sale and may also make an order for the resale of the property.

Rule - 345. Contents of sale certificate.

Among other particulars, the sale certificate shall contain the name of the Court, the number and year of the suit or matter, the names of the parties, the date of sale and the date of confirmation, the sale price, the name of the certified purchaser and the date on which the sale certificate was granted, and also the property sold with all particulars as to the extent and nature of the interest sold, the Registration District, Taluk, Village, Survey Number and sub-division number and the boundaries of the property.

Rule - 346. Copies of certificates to be sent to registering officers.

(1)     Copies of sale certificates shall be transmitted to the registering officer or officers within the limits of whose jurisdiction the property comprised in such certificate is situate.

(2)     Where a court-sale is set aside, after the transmission of the copy as aforesaid, the Court shall communicate a copy of the said order or if there has been any appeal or revision, the appellate or revisional, order as the case may be, to the registering officer or officers to whom the copy of the sale certificate has been transmitted.

D. DELIVERY OF PROPERTY TO DECREE-HOLDER OR AUCTION PURCHASER

Rule - 347. Delivery to purchaser or decree-holder.

Where under a decree or in pursuance of a sale certificate, any person is entitled to be put in possession of any property, he may apply for the same and on payment of the requisite process fee the Court shall order the issue of a warrant for delivery of such property, unless it thinks it fit to issue notice to any person interested in opposing the same.

Rule - 348. Deposit of cost of seed and labour.

(1)     If, at the time of effecting delivery, crops are found on the property not ripe for immediate harvest, the officer executing the warrant shall, before effecting delivery, realise from the person seeking delivery the cost of seed and labour required to raise the crops-the cost of labour being not less than twice the cost of the seed-and produce in Court the amount so realised, along with the return of the delivery warrant.

(2)     The sums so realised shall be paid over to such person who shall be found to have raised the crops.

(3)     If any dispute arises as to the sufficiency of the amount realised by such officer for cost of seed and labour, the matter shall be enquired into and decided by the Court, and, pending enquiry, the Court may order the person to whom the crops were delivered not to harvest the crops without the leave of the Court or to deposit in Court any further amount as may be adjudged.

Rule - 349. Delivery of house or building locked up.

(1)     When a house or building ordered to be delivered is locked up and the person in charge of the same cannot be found, or refuses to open the same, the Court may empower the Amin to break open the lock and execute the warrant for delivery.

(2)     If any articles are found in the house at the time of delivery the Amin shall prepare an inventory of the same in the presence of two respectable witnesses whose attestation shall be taken and take the articles to the Court. Any sum required for the purpose shall be paid at the spot by the person to be put in possession to the Amin before delivery is effected and he shall be entitled to realise the same from the judgment-debtor before the articles are released to the latter by the Court.

(3)     If the sum is not paid as aforesaid to the Amin, he shall re-lock and seal the house or building, and produce the key in Court with his report.

E. EXECUTION OF DEED BY COURT

Rule - 350. Decree-holder to bring into Court the draft and fees for service of notice.

The decree-holder shall, together with the draft mentioned in Order XXI, Rule 34(1) of the Code, bring into Court a duplicate thereof and two copies of a notice in Form No. 61 and the prescribed court-fee stamp for service thereof. One of the said copies shall be annexed to the draft and shall be served on the person directed to execute the document in the manner prescribed for service of summons on a defendant to a suit.

Rule - 351. Form of deed and of endorsement of negotiable instruments.

In the case of a deed, the concluding portion shall be in Form No. 62 and in the case of a negotiable instrument the endorsement shall be in Form No. 63 and the Judge shall sign in the name of the party directed to execute the document, and also in his own name as in the said forms, and shall affix the seal of the Court thereto.

F. PAYMENT AND SATISFACTION

Rule - 352. Amount realised in execution to be paid into Court.

Except when payment is made to the decree-holder under Rule 357, all moneys recovered by an officer of the Court or received by any person conducting a sale shall be paid into Court in the manner prescribed below for payment of moneys into Court and the payment shall be endorsed on the lodgment schedule. Notice of the payment shall be posted on the notice board of the Court.

Rule - 353. Payment into Court in satisfaction of decree.

Except when payment is made to the decree-holder under Rule 357 a person paying money or bringing property into Court in satisfaction of a decree shall give notice of such payment or deposit to the decree-holder.

Rule - 354. Application to certify payment or adjustment.

An application under Order XXI, Rule 2 of the Code shall be by petition; or, if an execution petition is then pending, by an application made in the said petition.

G. PAYMENT INTO AND OUT OF COURT

(a) PAYMENT INTO COURT

Rule - 355. Lodgment schedule.

(1)     A person desirous of paying money into Court, hereinafter called the payer, shall file a lodgment schedule as in Form No. 64. An order for lodgment and counterfoil receipt stating the date of issue, and bearing the serial number shall then be issued to the payer by the Court as in Form No. 65.

(2)     The payer shall deliver the money and the order and counterfoil receipt to the Treasury Officer mentioned therein, who will retain the order and return the receipt duly signed and dated to the payer. The latter shall return the said receipt to the Court within a week of the remittance.

(3)     No lodgment shall be presented before the Treasury Officer after the expiry of 14 days from the date of issue.

Rule - 356. Cash payment for special reasons.

For special reasons the money may, with leave of the Judge, be paid to the chief ministerial officer of the Court and the payment shall forthwith be entered in the cash book. In such cases, the lodgment schedule shall be endorsed with a receipt to be signed by the Judge, and the amount shall, on the next day on which the treasury is open, be sent together with an order and counterfoil receipt by the chief ministerial officer of the Court to the Treasury Officer who will return the said receipt to the Court.

Rule - 357. Cash payment.

If the person entitled to immediate receipt of the amount or his duly authorised agent is present with the payer in Court, the money may, with the leave of the Judge, be paid at once to the person so entitled or the said agent. In such cases, an order for payment of the money to the person so entitled shall be passed by the Judge on the lodgment schedule and the said amount shall be disbursed to him on his executing a receipt therefor and satisfaction protanto of the decree or order, if any, in pursuance of which the money is paid, shall be entered. A receipt signed by the Judge shall also be issued to the payer and the transaction entered in the cash book.

Rule - 358. Amounts received by money order or messenger.

(1)     All moneys received by Courts either by Money Order or by messenger should be received by the Judge and the acknowledgement signed by him. District Judges may, however, if they think fit, authorise their Chief ministerial officers to sign acknowledgements, "By Order" and receive payment on their behalf. The presiding officers of other Court may likewise authorise their chief ministerial officer when they are likely to be absent from the station for any considerable period. Temporary authorisations, issued for a period of absence, should be revoked as soon as the Judge returns to the station.

(2)     The above receipts shall be entered in Civil Register No. 73.

(b) PAYMENT OUT OF COURT

Rule - 359. Payment to be made on-order of Judge.

Except as provided by Rules 357 and 368 payment of money out of Court shall be made only upon the order of the Judge, made at the hearing of a suit, appeal or matter or upon a cheque application, supported by affidavit showing how the applicant is entitled to receive payment.

Rule - 360. Order for payment.

The order may be for payment to the applicant or his duly authorised agent; provided that payment shall not be directed to be made to the pleader of the applicant unless his vakkalath contains an express authority for this purpose, and if such payment is directed the full name of the pleader shall be inserted in the order of the Judge.

Rule - 361. Payment Schedule.

A person desirous of obtaining payment of money out of Court, hereinafter called the payee, shall file a payment schedule as in Form No. 66 and also a receipt for the said amount, signed by the payee as in Form No. 67. If the payee is the agent of the person entitled to receive the money he shall also file the power of attorney duly stamped authorising him to receive payment. A cheque under the seal of the Court (order for payment and counterfoil receipt) as in Form No. 68 shall be issued to the payee.

Rule - 362. Presentation of Order.

The order shall be presented for payment within the account month in which it is issued, and if not presented within the period shall be returned to the Court and may after being re-dated and initialled by the Judge, be re-issued to the payee.

Rule - 363. Order not to be issued after 25th of the month.

Except in cases of urgency, no order for payment of money out of Court shall be issued after the 25th day of the month.

H. DELIVERY OF SECURITIES AM) OTHER VALUABLES INTO AND OUT OF COURT

Rule - 364. Delivery of securities, jewellery or other valuables into and out of Court.

The foregoing rules shall apply to the delivery of securities, jewellery or other valuables into and out of Court, with the following modifications:

(1)     Government promissory notes and other negotiable securities, shall be endorsed the Judge/Munsiff of the Court of..........................."

(2)     When jewellery or other valuables are to be brought into Court, three copies of a descriptive list thereof shall be presented with the lodgment schedule and shall be checked and signed by the chief ministerial officer of the Court in the presence of the depositor. The jewellery or other valuables together with one of the copies of the said list shall be placed in a box furnished with a lock and key, to be provided by the depositor. The box shall then be locked and sealed and forwarded by the Court to the bank or treasury and the key shall be retained by the Judge. Another copy of the said list shall be returned to the depositor; and on receipt of the acknowledgement of the bank or treasury the third copy signed by the Judge shall be given to the depositor in exchange for the copy already given to him and the said copy shall be filed with the records of the case.

Rule - 365. Safe custody charges.

The Court may call upon the party, at whose instance the deposit is made, to pay into Court, such sum of money as may be necessary to meet the safe custody charges payable to the bank or treasury in the first instance or from time to time. In default of payment the Court may refuse to make the deposit in the bank or treasury or withdraw the property from the bank or treasury or may pass such order as may be necessary for recovering any dues payable to the bank or treasury from the party liable to pay the same.

I. GENERAL

Rule - 366. Cases where payment may be made in cash to Court.

Notwithstanding anything contained in this Chapter moneys for any of the purposes hereunder mentioned may be paid in cash to the chief ministerial officer or other officer of the Court authorised by the Judge.

(1)     Service of summons in respect of which the fees cannot be paid in stamps;

(2)     Allowances to witnesses;

(3)     Commission fee not exceeding Rs. 10;

(4)     Money order commission;

(5)     Judgment-debtor's subsistence moneys;

(6)     Tom-tom charges;

(7)     Charges for conveyance of attached properties and for feeding attached livestock;

(8)     Postage and other charges for calling for records for references etc.;

(9)     [42][Fees levied for the grant of succession certificates, probate or letters of Administration];

(10)   Moneys paid for expenses of guardian additional item not exceeding Rs. 10;

(11)   Day costs;

(12)   Local inspection charges;

(13)   Registration expenses and amounts required for purchase of stamp paper;

(14)   Stamp duty and penalty;

(15)   Safe custody charges.

Rule - 367. Memo accompanying deposit.

The person making any such deposit as aforesaid shall present therewith a memo as in Form No. 69 and a receipt shall be granted to the depositor.

Rule - 368. Repayment of cash.

The repayment of any cash, which has not been expended for the purposes for which the same was deposited, shall be made upon acknowledgement signed by the party or pleader in the Cash Payment Register:

Provided that, if the amount so deposited or any unexpended portion thereof, has been sent by the Court to a bank or treasury, Rules 359 to 363 inclusive, shall apply to an application for repayment.

Rule - 368A. [Postponement of remittance to treasury.

Notwithstanding anything contained in these rules amounts paid into Court in cash which are required to be remitted to the treasury by the Court, such remittance may be postponed till the amount to be remitted accumulates to Rs. 25 if there is no treasury at the station where the Court is located.][43]

Rule - 369. Investment of Court deposit.

The Court may where early withdrawal of funds deposited in Court will not be necessary, direct that [44][such funds be invested in the State Bank of India or in any Subsidiary Bank of the State Bank of India or in any Nationalised Bank or in Government National Savings Certificates or in other Government securities] after notice to the parties concerned taking care to see that such investment does not entail loss to the estate or persons concerned.

CHAPTER IX MISCELLANEOUS

A. FORM OF SURETY BOND

Rule - 370. Form of surety bond.

(1)     A surety bond executed to Court shall contain the following:-

(1)     Name of the Court

(2)     Number and year of suit or proceeding

(3)     Cause-title

(4)     The full name and description of the surety

(5)     Short recital of the circumstances under which the order for security was made

(6)     A statement that he shall perform the conditions such as the doing of an act or delivery of a property or submission of any accounts or payment of any money undertaken in the bond whenever called upon by the Court, and on breach of the conditions, that the sum stated as penalty in the bond, may be realised from him by execution in the same manner as if it were a decree debt and in cases where any immovable or movable property is charged or pledged, a statement that they may be proceeded against by sale or attachment or otherwise, as if decree for the realisation of such charge had been made.

(2)     The bond shall be attested by two witnesses and shall be registered when registration is required.

(3)     The bond shall also be accompanied by an affidavit by the surety as to his financial position in life and other particulars in proof of his solvency and an undertaking to the effect that he will not alienate his properties to defeat or delay the realisation of his liabilities.

B. CANCELLATION OF COURT FEE

Rule - 371. Cancellation of stamps.

(1)     The record keeper of every Court shall, when the record is consigned to his custody, punch a second hole in each court-fee label with a wad cutter punch in a diamond form, in such manner as not to render if difficult to ascertain the value of the stamp.

(2)     When documents having court-fee labels affixed to them are returned to parties at any stage of a case before judgment, the court-fee labels should be punched a second time as stated in the foregoing rule.

Rule - 372. Register of court-fee stamps.

A register of court-fee stamps should be maintained in all Courts.

C. REFUND OF COURT FEES

Rule - 373. Procedure for refund.

(1)     When court fees are ordered to be refunded, a certificate shall be issued as in Form No. 70.

(2)     The fact of refund of court fee should be noted in red ink over the initials of the Judge in the plaint, written statement, appeal memorandum or the memorandum of cross objections, as the case may be and also in the Court-Fee Register, Suit or Appeal Register and the Register for Refund of Court-Fees.

Rule - 374. Intimation to the Treasury.

(1)     Every Court authorising refund of court-fee shall prepare intimation slips in triplicate as in Form No. 71. One copy shall be sent to the treasury concerned, another copy shall be attached to the refund bill and the third shall be retained in the Court. The treasury should make the payment only on receiving the intimation slip direct from the Court.

(2)     A list of the refund bills drawn during the month in respect of each Court containing details of the case number, name of payee, the amount drawn etc., shall be prepared by the treasury before the 5th of the succeeding month and sent to the Court concerned. The Court shall, on receipt of the list, check the same with its own registers, and, if correct certify the same accordingly and file it. Discrepancies, if any, noted should be taken up with the Treasury forthwith.

D. OATH AGREEMENT

Rule - 375. Commissioner's Fee for oath.

(1)     When parties agree to settle the suit or any part of it by oath, the Judge shall order the party bound under the agreement to deposit in Court the fee required for the Commissioner for administering the oath.

(2)     The Commissioner's fee for administering the oath shall be fixed by the Court in the absence of agreement between the parties.

Rule - 376. Endorsement regarding oath.

The fact as to whether the oath was taken or not should be endorsed on the order of the Court directing the administration of the oath and signed by the Commissioner.

E. LAND ACQUISITION REFERENCES

Rule - 377. Numbering of references and arraying of parties.

(1)     When a reference is made by the Collector under the Kerala Land Acquisition Act, 1961, the reference shall be accompanied by the records which form the basis of the reference. When such records are not sent up, the Judge shall call for the records from the Collector before issuing notice to the parties on the reference.

(2)     The reference shall be numbered as L.A.R. No./Year.

(3)     The following persons shall be shown as parties:-

(i)       Persons to whom notice is to be issued under Section 22 of the Act;

(ii)      A company or a local authority as the case may be where they may appear and adduce evidence under Section 55 of the Act; and

(iii)     Persons, who under Section 53 of the Act, claim that the land proposed to be taken form part of a house or building.

(4)     Where the Collector is made a party the designation of the officer functioning as the Collector shall be shown in brackets. The Collector shall not be made a party in references relating solely to apportionment.

(5)     The parties to a reference other than the Collector, a company and a local authority, shall be shown as claimants and designated Claimant A, Claimant B and so on. The Collector, the company and local authority shall be shown as respondents and designated Respondent A, Respondent B and so on.

Rule - 378. Service of notice and trial of references.

(1)     The service of notice shall be as provided in Section 49 of the Land Acquisition Act.

(2)     Subject to these rules, the procedure to be followed for the trial of a reference shall be that prescribed by the Code in respect of original suits.

(3)     The application before the Collector for reference shall be treated as the plaint, and the investigation shall be with reference to the claim made therein.

(4)     The claimants may, and, if so required by the Court, shall, at or before the first hearing or within such time as the Court may permit, present a written statement setting out their claim in full.

(5)     The Collector, the company and the local authority may, and if so required by the Court, shall, file a statement in reply.

(6)     The statement filed under sub-rules (4) and (5) shall, together with the application for a reference, constitute the pleadings in the case, and the rules in Order VII and VIII of the Code shall apply mutatis mutandis to such statements.

(7)     The provisions in Rule 69 of these rules shall apply to the examination of witnesses.

(8)     Exhibits admitted in evidence shall be marked as follows:-

(i)       If filed by a claimant, as Ext. A1, Ext. A2, etc., Ext. B1, Ext. B2, etc., according to the array of the claimants exhibiting the document;

(ii)      If filed by the respondents, as Ext. R-1, R-2, etc.

(iii)     If Court exhibits, as Ext. X1, Ext. X2, etc.

[45][(iv) If filed by a third party, as Ext. T1, Ext. T2, etc.]

(9)     The witnesses examined by the claimants shall be numbered A.W. 1, A.W. 2, etc., B.W. 1, B.W. 2, etc., according to the array of the claimants examining the witness. Witnesses examined by the respondents shall be numbered as R.W. 1, R.W. 2, etc.

Rule - 379. Decrees to be drawn up.

Decrees shall be drawn up in land acquisition cases in the same manner as in original suits.

F. RECORDS

Rule - 380. Records.

Maintenance of index, division of records into parts and their destruction and allied matters shall be governed by the rules framed under the Destruction of Records Act.

Rule - 381. Transmission of connected papers.

(1)     When papers belonging to other suits have been referred to in the judgment of the lower Court, copies of all such papers are invariably to be transmitted to the appellate Court with the records of the suit. In sending up to the appellate Court the records connected with execution proceedings a copy of the decree sought to be executed should invariably form part of the record.

(2)     While submitting records to the appellate Court for purposes of appeal or revision the fair copy of the judgment or order and the original decree should be sent up with other records duly listed in the case list.

(3)     In submitting the records to the High Court in a second appeal the original decree and the fair copy the judgment of the Court of first instance should always accompany the record.

(4)     In submitting records for the purpose of appeal or revision, printed copies of judgments or orders shall also be forwarded, if they are available.

G. DIARIES AND PROCEEDINGS PAPER

Rule - 382. A Diary.

In all suits, appeals, and miscellaneous proceedings, a general diary shall be maintained setting out only the judicial work done in each case. Entries such as filing of suits, appeals, petitions and issue and return of processes, etc., which are only ministerial, shall be omitted. The A diary shall be signed by the Judge himself.

Rule - 383. B Diary.

For showing the dates and the nature of the proceedings in the several stages of a suit, appeal, miscellaneous or execution petition, a B Diary in loose sheets in Form No. 72, 73, 74 or 75 as the case may be, shall be maintained to be kept with the records of the case. Every step, including ministerial steps, taken in the suit or other proceedings has to be minuted consecutively in the B Diary. The B Diary shall be maintained in both contested and uncontested cases and shall be signed by the Chief Ministerial Officer.

Rule - 384. Proceedings Paper.

A proceedings paper for each suit, appeal or miscellaneous matter in Form No. 76 shall be maintained furnishing therein full information as to the several judicial steps taken in the proceedings, such as adjournments with reasons, documents filed, witnesses examined, further steps ordered to be taken in the case of absent witnesses etc. The proceedings paper shall be written and signed or initialled by the Judge himself in open Court.

H. ACCOUNTS

Rule - 385. Books of Account

The Civil Courts shall keep the following books of account:-

(1)     Deposit Register

(2)     Repayment Register

(3)     Register of payments into Court of Cash deposits

(4)     Cash Payment Register

(5)     Register of Cheque applications

(6)     Cheque Book (order for payment)

(7)     Receipt Book for Cash Receipts

(8)     Cash Book

(9)     Ledger

(10)   Permanent Advance Register

(11)   Contingent Register

(12)   Acquittance Roll

(13)   Register of Undisbursed Salary

(14)   Court Fee Refund Register

(15)   Court Fee Refund Order Book

Rule - 386. Cash Book.

(1)     The cash book shall be a bound volume with the pages consecutively numbered and it shall be kept in English.

(2)     The cash book shall be a simple chronological register and in it shall be entered all receipts and disbursements under distinct headings in full detail day after day in opposite pages.

(3)     The headings to be used in Col. 6 of the debtor side and Col. 8 of the creditor side in the cash book shall be the following:-

(i)       Judicial receipts

(ii)      Suits

(iii)     Witness batta

(iv)    Miscellaneous deposits

(4)     (i) Stamp duty and penalty levied on unstamped and insufficiently stamped documents and comparing fees shall be entered under the first head. Institution and process fees shall not be entered under this head.

(ii) Fees for copying plans etc., tom-tom charges and postage charges shall be entered under the fourth head.

(5)     Under the number of each suit shall be entered all sums received from or paid to the plaintiff or defendant respectively excepting those levied for the use of Government which shall be entered under the head of judicial receipts.

(6)     The total of the receipts and disbursements on any one day on account of witness batta shall be entered in the cash account of that day.

(7)     Salaries of Judges and pay of the Establishment (regular, process and copyists) shall not be entered in the cash book and ledger, nor the permanent advance allowed to the Courts and contingent charges met therefrom day to day.

(8)     All receipts shall be entered on the left or debtor side of the book and all disbursements on the right or creditor side.

(9)     Each day's cash balance should show the totals under the different heads.

(10)   The cash book shall be balanced at the close of each day i.e. the total of the debits and credits shall be made.

(11)   In the cash book the first entry on each day on the receipt side shall be the opening balance. The closing balance on each day shall be entered in words also, and its details shown on the right or credit side.

Rule - 387. Ledger.

(1)     The ledger shall be a bound volume with the pages consecutively numbered and it shall be kept in English.

(2)     In the ledger each heading in the cash book shall appear as an account and all entries in the cash book shall be posted or reproduced in the ledger accordingly.

(3)     All entries on the left or debtor side of the cash book shall be posted on the right or creditor side of the ledger and all entries on the right or creditor side of the cash book shall be posted on the left or debtor side of the ledger.

(4)     Against each entry in the ledger will be shown the folio in the cash book in which the corresponding entry is made and the folio in the ledger will likewise be noted against the entry in the cash book.

(5)     The ledger shall be regularly posted from day to day.

(6)     The ledger shall be closed at the end of each financial year. The total of both sides of each account shall be made and the difference or balance between the two sides entered in the deficit side.

(7)     After the closing of the ledger, all unadjusted heads of accounts shall re-appear in the ledger for the following year with the opening balance at debit or credit and the folio in which the account was closed noted in red ink.

(8)     The balance at debit or credit of each account resulting on the closure of the ledger, shall be extracted into a statement of Assets and Liabilities and the sum total at the debit representing the assets of the Court will equal the sum total of the credits representing the liabilities.

(9)     A year-wise index shall be kept for the cases relating to the Civil Court Deposit transactions.

(10)   All entries in the ledger should be initialled by the Judge.

(11)   Separate pages should be allotted for entries under the following heads:-

J.R. Comparing fees

J.R. Stamp duty and penalty

W.B. Witness batta

M.O. Charges

L. LAPSED DEPOSITS

Rule - 388. Deposits not exceeding Rs. 5 and liable to lapse.

(1)     The Court may sanction the credit to Government of all deposits not exceeding Rs. 5/- which have been unclaimed for one whole year, balances not exceeding Rs. 5/- of deposits partly repaid during the year then closing and all sums deposited for the purpose of securing the attendance of witnesses or the services of Government Officers which balances and sums have been unclaimed for one whole year.

[46][If the balance of amount under petty deposits exceeds [47][Rs. 1000], the Court may retain in its custody [48][Rs. 1000] and the excess amount shall be remitted to the Treasury the next day to the credit of the corresponding personal deposit account of the Court and the items shall lapse to Government in the usual course: ]

[49][Provided that the Court may order for the retention of the payments made by the decree-holder under Rule 300 for the period not exceeding thirty days.]

Rule - 389. Procedure for lapsing.

(1)     On or before the 10th January of each year, the chief ministerial officer of the Court shall prepare a list of all the sums which have to be lapsed under Rule 388 on the 1st January of that year and shall submit it to the Judge for his orders.

(2)     With the sanction of the Judge, which may be given without notice to deposits or to the persons to whose credit the sums have been paid in or deposited, all sums included in the said list shall be treated as lapsed deposits and carried to the credit of the Government:

Provided, however, that the Judge may, for reasons to be recorded in writing, sanction the retention in deposit of any sum mentioned in the list.

Rule - 390. Deposits exceeding Rs. 5 and liable to lapse.

(1)     All sums other than those mentioned in Rule 388, paid into or deposited in any Court may be credited to the Government with the sanction of the Judge concerned if they have remained unclaimed for three full years and if a notice has been published in respect of them in the manner hereinafter prescribed.

(2)     Three complete years referred to above shall be computed with reference to the date of the last payment and not from the date of the original deposit.

(3)     The Judge may, for reasons to be recorded in writing, sanction the retention in deposit of any sum referred to in sub-rule (1)

Rule - 391. Procedure for lapsing.

(1)     On or before the 10th January of each year the chief ministerial officer of the Court shall prepare a statement of the sums which are liable to be credited to Government as lapsed deposits on the 1st January of that year under the operation of Rule 390.

(2)     In preparing the statement, the sums should be entered in chronological order and separate totals should be given for deposit relating to different years.

(3)     The Judge shall pass orders with respect to the sums entered in the said statement and may direct that with such exceptions, if any, as he may deem proper, they be treated as lapsed deposits.

Rule - 392. Publication of Notice.

(1)     On or before the 15th January of each year a list of all the sums which the Court has under Rule 391 directed to be treated as lapsed deposit shall be prepared and published on the notice board of the Court. The said notice shall give particulars about the number of the suit or proceeding, date of deposit, number of the chalan, nature of the deposit, the amount of the deposit and to whom due.

(2)     The notice shall inform the parties that the amount will be credited to Government if not claimed before 1st March of that year.

Rule - 393. Sums attached, etc.

Sums which are the subject of attachment or of a suit or other claim will not be regarded as unclaimed under Rule 388 or 390 during the continuance of the attachment or suit or other proceeding.

Rule - 394. Deposits belonging to minors.

Unclaimed deposits belonging to minors shall be treated in the same way as other unclaimed deposits under Rule 388 or 390.

Rule - 395. Lapsing of unclaimed amounts.

All sums remaining unclaimed shall be credited to the Government and the Judge shall certify on or before the 15th April of every year to the Treasury Officer concerned the sums which have been credited to the Government under Rules 389 and 391, as provided in the Kerala Account Code.

Rule - 396. Application for refund.

Application for refund of lapsed deposits shall be made to the Courts which remitted the deposits and the lapsed amounts may be refunded on the authority of the officer by whom the deposit was remitted, in accordance with the procedure laid down in Article 297 of the Kerala Financial Code.

J. REGISTERS

Rule - 397. Registers to be kept

The Court shall maintain the following registers:-

Institution Registers:

(1)     Register of Original Suits

(2)     Register of Original Petitions

(3)     Register of Small Cause Suits

(4)     Register of Appeal Suits

(5)     Register of Miscellaneous Appeals

(6)     Register of Civil Miscellaneous Cases

(7)     Register of Insolvency Petitions

(8)     Register of L.A. Cases

(9)     Register of Interlocutory Applications

(10)   Register of Execution Petitions

(11)   Register of Execution Applications Disposal Registers:

(12)   Register of Original Suits disposed of

(13)   Register of Small Cause Suits disposed of

(14)   Register of Original Petitions disposed of

(15)   Register of Appeals disposed of

(16)   Register of Miscellaneous Appeals disposed of

(17)   Register of Miscellaneous Cases disposed of

(18)   Register of Insolvency Petitions disposed of

(19)   Register of L.A. Cases disposed of

(20)   Register of Execution Petitions disposed of

Posting and Miscellaneous:

(21)   Posting Book

(22)   Diary Register (A)

(23)   Register of Commissions issued

(24)   Register of Receivers appointed

(25)   Register of Receivers Accounts

(26)   Register of Accounts of Guardians

(27)   Fair Copying Register

(28)   Register of Decrees of other Courts received for execution

(29)   Register of Sale Certificates

(30)   Register of discredited registered documents

[50][30A. Register of Communications under the Registration Act]

[51][30B. Witness Register]

Court Fees:

(31)   Detailed Register of documents and Court-Fees

(32)   Daily Register of Court-Fees

(33)   Register for refund of Court-Fees

Nazir's Establishment:

(34)   Register of Refund of process fees

(35)   Nazir's Receipt Book

(36)   Process A Register

(37)   Process Register showing receipt and return of records

(38)   Process C Register (nominal register of process peons and amins)

(39)   Register of receipt of process memos by chief ministerial officer

(40)   Diary of amins and process servers

(41)   Register of movables attached

(42)   Register of immovable attached and/or sold

(43)   Nazir's Cash Register

Copyists' Establishment:

(44)   Register A of the Copyists' Establishment

(45)   Register B of the Copyists' Establishment

(46)   Register C of the Copyists' Establishment

(47)   Register D of the Copyists' Establishment

(48)   Printing Register.

Records Section:

(49)   Record Issue Register

(50)   Register of applications for return of documents

(51)   Register of Records sent for appeal, etc.

(52)   Register of Records received for appeals, etc.

(53)   Record destruction Register of Original Suits/Appeals/Civil Miscellaneous Appeals

(54)   Record Destruction Register of Small Cause Suits

(55)   Record Destruction Register of Civil Miscellaneous Cases

(56)   Record Destruction Register of Execution Petitions

Accounts:

(57)   Register of Civil Court Deposits

(58)   Register of Repayments of Civil Court Deposits

(59)   Register of Cash Deposits

(60)   Cash Payment Register

(61)   Head Clerk's Receipt Book

(62)   Cheque Book

(63)   Cash Book

(64)   Ledger

(65)   Permanent Advance Register

(66)   Contingent Register

(67)   Acquittance Roll

(68)   Register of Undisbursed Salary

(69)   Court Fee Refund Order Book

(70)   Register of Valuables and Jewels

(71)   Register of Investments

(72)   Register of Instruments impounded

(73)   Register of cash received by Money Order or messenger

Office Establishment:

(74)   Register of Cheque applications

(75)   Register of Stationery and Printed Forms

(76)   Register of Furniture

(77)   Register of Library Books

(78)   Attendance Register

(79)   Register of applications for casual leave

(80)   Register of recognised clerks of pleaders

(81)   Register of papers received

(82)   Register of papers despatched

(83)   Account Book of Service Postage Stamps

(84)   Register of periodical returns

(85)   [52][Register of Service Books]

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CIVIL RULES OF PRACTICE, KERALA

 

PREAMBLE

Whereas it is expedient to unify and consolidate the Civil Rules of Practice now in force in the State and whereas it is expedient to incorporate with them the Circular Orders and instructions issued from time to time by the High Court and whereas it is expedient to frame uniform rules for the whole State;

By virtue of the powers conferred by Section 122 of the Code of Civil Procedure, 1908, the Kerala Court Fees and Suits Valuation Act, 1959, and all other powers thereunto enabling and with the previous approval and confirmation of the Government conveyed under G.O. (M.S.) No. 239/70/Home, dated 19th November, 1970, the High Court of Kerala hereby makes the following rules to regulate the procedure and practice in the Subordinate Civil Courts in the State:-

PRELIMINARY

Rule - 1. Short title.

These rules may be cited as the Civil Rules of Practice, Kerala.

Rule - 2. Commencement.

These rules shall come into force on such date[1] as may be notified by the High Court and shall apply, as far as may be, to all pending proceedings.

Rule - 3. Repeal.

All the rules contained in the Civil Rules of Practice, Travancore-Cochin and Civil Rules of Practice and Circular Orders, Madras, shall on these rules coming into force stand cancelled.

Rule - 4. Forms.

The Forms in Appendix I hereto shall be used with such variations as circumstances may require.

Rule - 5. Definitions.

In these rules unless there is anything repugnant in the subject or context,

(1)     "Address for service" means the place appointed by a party or his pleader at which service of summons, notice or other process, may be made on such party;

(2)     "Application" includes cheque application, execution application, execution petition and interlocutory application whether written or oral;

(3)     "Cheque application" means an application made for the issue of a cheque;

(4)     "Clear days" excludes the first and the last day;

(5)     "Code" means the Code of Civil Procedure, 1908, as amended from time to time;

(6)     "Execution Petition" means a petition to the court for the execution of any decree or order;

(7)     "Execution application" means an application to the Court made in a pending execution petition;

(8)     "First hearing" includes the hearing of a suit for settlement of issues and any adjournment thereof;

(9)     "Interlocutory application" means an application to the court in any suit, appeal or proceeding already instituted in such court other than a proceeding for execution of a decree or order;

(10)   "Original petition" means a petition whereby any proceeding other than a suit or appeal or a proceeding in execution of a decree or order is instituted in a Court;

(11)   "Proceeding" includes all documents presented to or filed in Court by any party, or Commissioner or other officer of Court, other than documents produced as evidence;

(12)   "Verified" means verified in the manner provided by Order VI, Rule 15 of the Code; and

(13)   All other expressions used herein shall have the respective meanings assigned to them by the Code or the General Clauses Act, 1897 as the case may be.

Rule - 6. Reckoning of prescribed days.

In all cases in which any particular number of days not expressed to be clear days is prescribed by these rules the same shall be reckoned exclusive of the first day and inclusive of the last day unless the last day falls on a day on which the office of the Court is closed in which case the time shall be reckoned exclusively of that day also, and of any other following day or days during which the office may continue to be closed.

Rule - 7. Service of Notice.

Except where otherwise provided by the Code or these rules, or any law for the time being in force, any notice directed to be given to any party shall be in writing, and may be served by the party or his pleader or agent on the other party, or his pleader or agent personally, his signature being taken in acknowledgement of such service; or by registered post, prepaid for acknowledgement to the address for service of the party or agent.

Rule - 8. Office hours.

The offices of Courts shall be open on all working days from 10.30 a.m. to 5 p.m. or during such other hours as may be notified by the High Court from time to time.

Rule - 9. Sitting of Courts.

(1)     The Courts shall ordinarily sit from 11 a.m. to 5 p.m. with a break not exceeding an hour.

(2)     No case shall be heard and no judicial act shall be formally announced or done on a holiday save in exceptional circumstances of which a full report shall be made to the High Court.

CHAPTER I GENERAL

A. FORM OF PROCEEDINGS

Rule - 10. Form of plaints, etc.

All plaints, written statements, applications, affidavits, memoranda of appeal and other proceedings presented to the Court, shall be written in blue-black ink, or typewritten, or printed, fairly and legibly on stamped paper or on substantial transparent foolscap folio paper, with an outer margin of about 4 cm. and an inner margin of about 1.5 cm., and separate sheets shall be stitched together book-wise. Number shall be expressed in figures. Except in the case of plaints, written statements, or memoranda of appeal, the writing, typewriting or printing may be on both sides of the paper:

Provided however that the last sheet in all cases be written, typewritten or printed on the inner page only.

Rule - 11. Cause title of plaint, etc.

A plaint or original petition shall be headed with a cause title as in Form No. 1. The cause title shall set out the name of the Court, and the names of the parties, separately numbered, and described as plaintiffs and defendants or petitioners and respondents as the case may be.

Rule - 12. Cause title of Memorandum of Appeal and Revision Petitions.

(1)     A memorandum of appeal shall be headed with a cause title setting out the names of the Courts to and from which the appeal is brought, the names of the parties, separately numbered and described as appellants and respondents, and also the full cause title of the suit or matter in the lower Courts as in Form No. 2.

(2)     The provisions of sub-rule (1) shall mutatis mutandis apply to revision petitions.

Rule - 13. Cause title of subsequent proceedings.

All proceedings subsequent to the plaint or original petition shall be headed with a cause title as in Form No. 3 and all proceedings subsequent to a memorandum of appeal or revision petition except interlocutory applications shall be headed with a cause title as in Form No. 4.

Rule - 14. Description of Contents.

Every proceeding shall also contain, immediately after the cause-title, a short description of its contents as in Form No. 5 or 6.

Rule - 15. Names, etc., of parties.

The full name, age, residence, address and description of each party, and if such is the case, the fact that a party sues or is sued in a representative character, shall be set out at the beginning of the plaint, original petition, or memorandum of appeal as in Form No. 5 but need not be repeated in the subsequent proceedings in the same suit, appeal or matter. The description shall include the surname father's, mother's, husband's or karanavan's name as the case may be and such other particulars as may be necessary to identify the person. This applies also to parties subsequently added.

Rule - 16.

(1)     List of documents to accompany plaint or proceeding.

Every plaint or other proceeding shall at the foot thereof, contain a list, signed by the party or his pleader, of the documents filed therewith as in Form No. 7 or a statement signed as aforesaid, that no document is filed therewith.

(2)     Form prescribed for list filed under Order XIII, Rule 1-The list of documents, if any, filed by the parties under Order XIII, Rule 1 of the Code shall be in Form No. 7.

Rule - 17. Section of the Court Fees Act to be stated.

Every plaint, memorandum of appeal, cross objection or written statement on which court fee has to be paid shall state under what section of the Court Fees Act then in force it falls for the purpose of taxation and the value of the subject matter for the purpose of jurisdiction.

Rule - 18. Proceedings in respect of immovable property.

Every plaint or other proceeding (other than a memorandum of appeal) in which relief is sought with respect to immovable property, shall state in a tabular form the registration district and sub-district, taluk and village in which the property is situate, its survey number, extent and its name, if any, as also its boundaries. In the case of paddy lands, the name, if any, of the tract, ela, or padom in which the property is situate shall be stated. In cases where the value of the property is required to be estimated for purposes of court-fees the particulars required by Section 10 of the Kerala Court Fees and Suits Valuation Act, 1959 shall be furnished in respect of each item.

Rule - 19. Leave to sue.

(1)     If under Section 20(b) of the Code leave of the Court to institute the suit therein is required, the plaint shall contain a prayer that leave may be granted, and shall be accompanied by an affidavit stating the residence and occupation of the several defendants, and the reasons for instituting the suit in that Court.

(2)     If leave to sue is granted the summons to the defendant shall contain the notice set out in Form No. 8.

(3)     The Court may, in its discretion, issue notice of the application to the defendant, before granting leave.

Rule - 20. Suits by or against numerous parties.

(1)     As application under Order I, Rule 8 of the Code shall be supported by an affidavit stating the number or approximate number of the parties and the places where they respectively reside; that they all have the same interest in the subject matter of the suit, and the nature of the said interest; and the best means of giving notice of the institution of the suit to the said parties, and the probable cost thereof.

(2)     If the application is made by the plaintiff, it may be in Form No. 9 and the estimated cost of giving notice of institution of the suit shall, at the same time, be deposited in Court. The plaint shall state that the plaintiff sues on behalf of himself and other persons interested in the subject matter of the suit, or sues the defendant as representing all persons so interested; and the summons to the defendant shall contain the notice set forth in Form No. 10.

(3)     If the application is made by a defendant, notice thereof shall be given to all parties to the suit and to such others and in such manner as the Court may direct, and if permission is granted, the plaint shall be amended by inserting a statement that the defendant is, with the leave of the Court, sued as the representative of all persons interested in the subject matter of the suit.

Rule - 21. Adding additional parties.

(1)     If an application is made to add any person as plaintiff, or as the next friend of a plaintiff, he shall either appear in person, in which case his consent to be so added shall be recorded by the Judge in writing, or a written consent thereto, signed by him and authenticated by a person authorised to take affidavits, shall be filed in Court.

(2)     When any person is made a party to a suit, appeal or proceeding, either on his own application or otherwise, the name of such person and his position in the suit, appeal or proceeding shall be entered in the plaint, appeal memorandum or the principal application, as the case may be in red ink over the signature of the chief ministerial officer, and in the institution register. The proceedings under which such addition is made shall also be entered. When fresh parties are brought in they shall be numbered consecutively after the plaintiffs or defendants, as the case may be, already in the suit or proceeding. The striking out of any party will be similarly entered.

Rule - 22. Party appearing by agent.

(1)     When a party appears by an agent other than a pleader, the agent shall, before making any appearance or application, or doing any act before the Court, file in Court the power of attorney, or other written authority thereunto authorising him or a properly authenticated copy thereof; or, in the case of an agent carrying on a trade or business on behalf of a party without a written authority, an affidavit stating the residence of his principal, the trade or business carried on by the agent on his behalf and the connection of the same with the subject matter of the suit, and that no other agent is expressly authorised to make such appearance, or application or do such act.

(2)     The Judge may thereupon record in writing that the agent is permitted to appear and act on behalf of the party; and until the said permission is granted, no appearance, application or act of the agent shall be recognised by the Court.

Rule - 23. Signing or verification by agent.

If any proceeding which under any provision of law or these rules, is required to be signed or verified by a party, is signed or verified by any other person on his behalf, a written authority in this behalf signed by the party, except in the case of persons under disability, shall be filed in Court, with an affidavit by such person verifying the signature of the party, and stating the reasons for the inability of the party to sign or verify the proceeding.

Rule - 24. Signing.

Every pleading shall be signed by the party and his pleader, if any; and all other proceedings shall be signed by the party or pleader.

Rule - 25. Date and Signature.

(1)     Whenever under the Code or under these rules or any other law for the time being in force, any proceeding filed in Court has to be signed by any party, he shall subscribe his name beneath or against his signature:

Provided that when the signature consists of his name, it is not necessary that the name should be repeated, but if the name be not easily decipherable from the signature the name should be legibly written.

(2)     Every proceeding filed in Court shall be dated the day it is signed as also the day it is presented in Court.

Rule - 26. Docketing.

All proceedings and other documents filed in Court shall be docketed on the reverse of the final page endorsing the name of the Court, the number and year of the suit or other proceeding to which it relates, the name of the person presenting the same and the date of presentation in Court. In addition to the above particulars, in the case of a plaint, memorandum of appeal or petition, an abbreviated cause title and a short description of its contents shall also be given in the docket as in Form No. 11.

B. APPOINTMENT OF PLEADERS

Rule - 27. Form and attestation of vakkalath.

(1)     Every vakkalath shall, unless otherwise permitted by the Court, be in Form No. 12 and may authorise the pleader to appear in all execution and miscellaneous proceedings in the suit or matter even subsequent to the decree or order passed therein. The name of the pleader or the pleaders if more than one pleader is appointed shall be inserted in the vakkalath before it is executed. It shall be dated at the time of its execution and of its acceptance. Its execution shall be attested by a judicial officer, a District Registrar, or a Sub Registrar, the chief ministerial officer of Civil or Criminal Court in the State of Kerala, a member of Parliament or of the Legislature of any State in India, the Chairman, Executive Authority or member of any Municipal Council or Corporation, or other local authority in India, a Village Officer, a Gazetted Officer in the service of the Central Government or of any State in India, a commissioned officer in the Defence Forces of India, or an Ambassador or Envoy duly accredited by or to the Central Government, or a pleader other than the pleader accepting the vakkalath:

Provided that any other person may attest the vakkalath where the executant is personally known to the pleader in whose favour the vakkalath is executed and where the executant signs the same in the presence of the pleader and an endorsement is made by the pleader to the above effect.

(2)     The authority attesting the vakkalath under sub-rule (1) shall certify that it has been duly executed in his presence and subscribe his signature over his name and designation. No vakkalath shall be attested unless the pleader's name is inserted therein previous to its execution. When a vakkalath is executed by a party who appears to the person before whom it is executed to be illiterate, blind or unacquainted with the language in which the vakkalath is written, the person shall certify that the vakkalath was read, translated and explained in his presence to the executant, that he seemed to understand it and that he made his signature or thumb mark in his presence.

(3)     The execution of a vakkalath by a person in custody may be authenticated by the Jailer, Station House Officer or other officer-in-charge.

(4)     When the executant of Vakkalathnama is himself a Public Officer of whose signature a Court may take Judicial notice authentication of the Vakkalathnama is not necessary.

(5)     Every vakkalath shall contain an endorsement of the pleader in whose favour it is executed that it has been accepted by him. There shall also be endorsed on the vakkalath a statement of his address for service. If more pleaders than one are named in the vakkalath it shall be accepted by all such pleaders but the address for service may be of any one of them.

Rule - 28. Change of Vakkalath.

A pleader proposing to enter appearance in a suit or other proceeding for a party for whom there is already a pleader on record, may not do so unless he produces the written consent of such pleader, or where such pleader refuses his consent, he obtains the special permission of the Court.

C. PRESENTATION OF PROCEEDINGS AND DOCUMENTS IN COURT

Rule - 29. Presentation of Proceedings and Documents.

(1)     All plaints, written statements, memoranda of appeal, applications and other documents may be presented to or filed in Court by delivery of the same personally by the party, his pleader or pleader's registered clerk to the Chief Ministerial Officer of the Court or any officer specially authorised in that behalf, at any time before 3 p.m. or if the presiding officer so directs even after 3 p.m. during office hours. The said officer shall at once initial the paper endorsing thereon the date of presentation, and, if a proceeding is thereby instituted, noting thereon its serial number.

(2)     No document or proceeding required to be presented to or filed in Court shall be so received or filed if sent by post, telegram or phonogram:

Provided that in cases where an Official Receiver or other officer appointed by any Court does not intend to defend or contest any proceeding before a Court in which he is impleaded in such capacity as a party or wishes to bring a formal defect in the proceeding to the notice of the Court, he may inform the Court accordingly by a statement in writing in the form appropriate to the proceeding, and send it to the Court by post or personal messenger.

Rule - 30. Date stamping of papers.

All papers presented in Court shall be sealed with the date stamp of the Court immediately they are received.

Rule - 31. Cancellation of stamps.

(1)     The chief ministerial officer of the Court shall, on receiving any document which is stamped, cancel the same with his initials and date and shall also note on the top of the document the total value of the stamp the document bears.

(2)     All court-fee stamps, whether impressed or in the form of labels, in every document received by the Court, shall be cancelled in the immediate presence of the chief ministerial officer, by punching out the insignia of the State in the stamps in such manner as to leave the amount designated in the stamps untouched.

Rule - 32. Curing of defects.

Any plaint, petition, memorandum of appeal or other proceedings which is insufficiently stamped or undervalued or which requires any amendment to conform to the procedure or practice of the Court shall be returned for being represented within a period of not exceeding 15 days of the order, after curing the defects; or the pleader or the party may be required to cure the defects within a period not exceeding 15 days of the order.

D. POSTING OF CASES

Rule - 33. Posting of cases.

(1)     The posting of cases shall be to definite dates and shall be made in open Court. Unless the Judge otherwise orders, every case shall be called on the day and in its order on the file of the Court.

(2)     If the presiding officer is absent on any day the dates to which cases posted for that day are adjourned shall be notified on the notice board of the Court over the signature of the chief ministerial officer under the orders of the presiding officer on the next day on which the latter attends the Court.

[2][2A. In places where there are more Courts than one having co-ordinate jurisdiction, if the presiding officer of any court is absent on any day, the seniormost presiding officer present shall, without interruption to his ordinary duties, assume charge of the presiding officer who is absent and shall discharge such of the current duties thereof as are connected with the filing of suits, appeals, applications and the execution of processes and the like and also the adjournment of the cases listed before that Court and shall continue in charge of the office until the same is resumed or assumed by the officer duly appointed thereto.]

(3)     The number of cases posted for a day should not exceed what can reasonably be expected to be taken up on that day after making due allowance for unavoidable adjournments.

E. ADJOURNMENTS

Rule - 34. Adjournments to be to a day certain.

All adjournments shall be to a day certain and the day shall be fixed with due regard to the convenience of the parties and the business of the Court.

Rule - 35. Proceedings not to be adjourned sine die or struck off the file.

(1)     No suit, appeal, matter or proceeding shall, under any circumstances whatever, be adjourned sine die or struck off the file, and if by inadvertence a day certain for the further hearing is not fixed by the Court or a case is ordered to be struck off the file, the case shall be posted and taken up for hearing, with the least possible delay, after notifying on the Court's notice board and giving notice to the pleaders, if any, appearing in the case:

Provided that in a suit for partition in which a preliminary decree has been passed, the Court may adjourn the proceedings sine die, with liberty to any of the parties to whom shares have been allotted to apply for the passing of a final decree.

(2)     All stayed cases shall be adjourned from time to time to certain dates and the presiding officers shall personally satisfy themselves that the stay is in operation each time they adjourn the cases.

Rule - 36. Cases to be heard from day to day.

As far as possible suits or proceedings, when commenced, are to be heard from day to day. Adjournments should be avoided if possible but when unavoidable should be ordered as early in the course of the day as possible.

Rule - 37. Costs of adjournment.

Except where an adjournment is granted with the consent of all parties, or is necessitated by the business of the Court, or by the act or default of any other party, the party desiring an adjournment shall be ordered to pay the costs thereof including the expenses of re-summoning the witnesses, if any, and the fee of the pleader of the other party.

Rule - 38. Advancement of hearing.

Any party who desires that the hearing be advanced, may apply therefore by interlocutory application of which notice shall be given to the other party.

F. INTERLOCUTORY PROCEEDINGS

Rule - 39. Form of interlocutory applications.

[3]Interlocutory applications in plaint, original petition, appeal or other proceedings shall have a cause title which may be drawn up in the manner as shown in Form No. 13.

Rule - 40. Contents thereof.

Except where otherwise provided by these rules or by any law for the time being in force, an interlocutory application shall state only the order prayed for, and shall not contain any statement of facts or arguments.

Rule - 41. Notice.

Unless the Court otherwise orders, notice of an interlocutory application shall be given to the other parties in the suit or matter or to their pleaders, not less than three days before the day appointed for the hearing of the application.

Rule - 42. Evidence by affidavit.

Any fact required to be proved in an interlocutory proceedings shall, unless otherwise provided by these rules, or ordered by the Court, be proved by affidavit; but the Judge may, in any case direct evidence to be given orally; and thereupon the evidence shall be recorded, and the exhibits marked in the same manner as in a suit and lists of the witnesses and the exhibits shall be prepared and annexed to the order.

G. AFFIDAVITS

Rule - 43. Form of affidavit.

Every affidavit shall be drawn up in the first person and be divided into paragraphs numbered consecutively; and each paragraph as nearly as may be shall be confined to a distinct portion of the subject matter.

Rule - 44. Contents of affidavit.

Every affidavit shall state the full name, age, description and place of abode of the deponent, and shall be signed or marked by him. Where the affidavit covers more than one page, the deponent shall sign every page. The description shall include the father's or karanavan's or husband's or mother's name and such other particulars as may be necessary to identify the person.

Rule - 45. Alterations, erasures, etc.

Alterations, erasures and interlineations shall, before an affidavit is sworn or affirmed, be authenticated by the person before whom the affidavit is signed, and no affidavit having therein any alteration, erasure or interlineation not so authenticated, shall, except with the leave of the Court, be filed or made use of in any matter.

Rule - 46. Persons authenticating affidavits.

Affidavits may be sworn or affirmed before any judicial officer, a District Registrar or Sub Registrar, the chief ministerial officer of any civil or criminal Court in the State of Kerala, a member of Parliament or of the Legislature of any State in India, the Chairman or Executive Authority or a member of any Municipal Council, Corporation or other local authority in India, a gazetted officer in the service of the Central Government or the Government of any State in India, a commissioned officer in the Defence Forces of India, or a pleader.

Rule - 47. Mode of authentication.

The person before whom an affidavit is sworn or affirmed shall state the date on which, and the place where the same is made, and sign under his name and designation at the end as in Form No. 14.

Rule - 48. Blind or illiterate deponent.

Where an affidavit is sworn or affirmed by any person who appears to the person authenticating the affidavit to be illiterate, blind or unacquainted with the language in which the affidavit is written, the person authenticating shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent, that the deponent seemed to understand it, and made his signature or mark in the presence of the person authenticating as in Form No. 15.

Rule - 49. Identification of deponent.

(1)     If the deponent of an affidavit is not known to the person authenticating the same, the identity of the deponent shall be caused to be testified by any person known to him who shall attest the signature or mark of the deponent in token thereof.

(2)     Where the deponent is a pardanashin lady, she shall be identified by a person to whom she is known and that person shall verify the identification by a separate affidavit.

Rule - 50. Documents referred to in affidavits.

Documents mentioned in and accompanying an affidavit shall be referred to as exhibits and shall be marked in the same manner as exhibits admitted by the Court and shall bear a certificate as in Form No. 16 signed by the person before whom the affidavit is sworn or affirmed.

Rule - 51. Affidavit stating opinion.

Every affidavit stating any matter of opinion shall show the qualification of the deponent to express such opinion, by reference to the length of experience, acquaintance with the person or matter as to which the opinion is expressed or other means of knowledge of the deponent.

Rule - 52. Affidavit on information or belief.

Every affidavit shall clearly express how much is a statement of the deponent's knowledge and how much is a statement on his belief, as in Form No. 17. The grounds of belief must be stated with sufficient particularity to enable the Court to judge whether it would be safe to act on the deponent's belief.

Rule - 53. Filing of affidavits in Court.

Except with the leave of the Court, no affidavit which has not been filed in Court and of which copy has not been given to the opposite side at least 3 days before the hearing shall be used in any matter.

Rule - 54. Cross examination of deponent.

The Court may at any time direct that any person shall attend to be cross examined on his affidavit.

Rule - 55. Counter affidavits.

The parties to whom copies of affidavits have been given shall be entitled to file counter affidavits, copies of which shall be given to the opposite parties, who may if they choose, file further affidavits in reply; but except with the leave of the Court, no further affidavits shall be filed.

H. ORIGINAL PETITIONS

Rule - 56. Original petitions to state provision under which it is presented.

An original petition shall, in addition to the particulars required by Rules 11 and 13, also state the provision of law or authority under which it is presented as in Form Nos. 5 and 6. If it is not intended to serve any person with notice of the petition, it shall be so stated, and the petition shall be headed, as in Form No. 6; but if the Court directs any person to be made a party, the cause-title shall be amended to conform to Form No. 1.

I. TRANSFER OF SUITS OF OTHER PROCEEDINGS

Rule - 57. Application for transfer.

(1)     An application for the transfer of a suit, appeal or other proceeding from one Court to another shall be made by original petition entitled in the matter of the pending suit, appeal or other proceedings as in Form No. 18. Notice of the application as in Form No. 19 shall be issued and served on the other parties to the suit or other proceeding.

(2)     The application shall be supported by an affidavit stating the respective residences of the several parties to the suit, appeal or other proceeding, the places in which the several portions of the subject matter of the suit, etc. are respectively situate and the several jurisdictions within which the said residences and the places are respectively situate, and any other facts on which the application is based.

(3)     A separate application shall be presented in respect of each suit, appeal or other proceedings of which transfer is sought.

CHAPTER II PROCESSES

Rule - 58. Process fees.

Process fee shall be leviable at the rates prescribed from time to time under the Court Fees Act.

Rule - 59. Language to be used in processes.

Processes shall ordinarily be issued in the language of the Court through which they have to be served. But where the person to be served is residing outside the State or is not an Indian National whether resident within or without the State or is an employee in the Service of any other State in India or of the Central Government, processes in the English form alone shall be used.

Rule - 60. Signing of processes.

Every warrant of arrests shall be signed by the Judge or the Chief Ministerial Officer. All other processes may be signed by the Central Nazir or Deputy Nazir.

Rule - 61. Production of copies for service.

(1)     In any proceeding in which summons or notice has to be issued by any Court to any person, the party presenting the plaint, memorandum of appeal, cross objection or application shall also file in Court a process memo affixing the necessary stamps for the issue of process together with a sufficient number of copies of the plaint, memorandum of appeal, objection or application for service on the parties concerned along with the summons or notice.

(2)     The copies above referred to shall be certified as correct by the party presenting the same or his pleader and shall show the date of presentation of the original and the name of the pleader, if any, who presented the same.

(3)     In all cases where processes of the nature of summons and notices have to be issued, the parties on whose behalf such summons or notices are issued or their pleaders shall, along with the process memo, file printed forms of processes in duplicate, legibly filled up leaving the date for appearance and the date of the process blank.

(4)     In the case of summons, the party or his pleader shall leave the portion relating to the purpose of the summons intact and the Court, after it has determined the purpose for which the summons is to issue, shall strike out the portions of the form which do not apply.

(5)     The parties or their pleaders shall sign the form in the left bottom corner and will be responsible for the accuracy of the entries.

(6)     When orders for the issue of processes are passed by the Court the date fixed for appearance will be inserted in the form and the process will be dated and signed by the officer of the Court duly authorised.

(7)     Printed forms of processes will be supplied by the office of the Court on payment of one paise per form.

(8)     The Judge may, in his discretion, direct in any particular case that the forms of process be entirely filled up in the office of the Court.

(9)     In the case of service by post the necessary envelope and postal acknowledgement from with the address of the party to be served written thereon shall be produced along with the processes by the party or pleader.

Rule - 62. Form of summons to Presiding Officers of Parliament and State Legislatures.

Whenever the presiding officer of a House of Parliament or of a State Legislature or the Chairman of a Committee thereof is required to appear in any Court as a party in a case before it, the Court shall send a letter instead of a summons to such person as provided in Order V Rule 30 of the Code.

Rule - 63. Fixing of date for appearance of parties.

(1)     The date for appearance of parties shall be so fixed by the Court as to allow a reasonable time between the date of service and the date of hearing. In the case of original suits, original petitions, small cause suits and appeals it shall be not less than 7 days provided that in the case of suits in which the State is a defendant, the time allowed shall be not less than 30 days.

(2)     If service is within the periods as above fixed and the party does not appear, the Court shall adjourn the hearing to a beyond the prescribed periods and notice of such day shall be given to the party. In such cases the Court may, if it thinks proper, direct the issue of fresh summons.

Rule - 64. Copies to be attached to the original process.

Along with every original process issued, either for service personally on the parties or for service by affixture, there shall be attached as many copies of the process as may be required.

Rule - 65. Postal Charges.

The postage required for the transmission of process by post shall be met by the Court by use of service stamps. The cost of the service postage stamps shall be treated as part of the cost of the process serving establishment and shall be paid from General Revenues.

Rule - 66. Endorsement and return of process received from outside.

Any court receiving processes for service from any Civil Court of any other State in India shall accept the certificate endorsed on the process by the Court issuing the same as sufficient proof that the proper fee for the issue thereof has been paid and shall deliver such process to the proper officer of the Court for service and shall re-transmit the process to the Court from which it was received with a return in the form prescribed and with an endorsement of the process server showing in what manner service has been effected and if the service has not been effected, the reason for the non-service; and such endorsement shall be verified by an oath or affirmation of the process server. If such endorsement and verification are in a local language, the return shall be accompanied by a true translation of the same in English.

Rule - 67. Transmission of return.

(1)     The return, etc., referred to in the above rule shall be transmitted to the Court which issued the process by post [4][x x x x],

(2)     Notwithstanding anything contained in Rule 9(3) of Order V of the Code, the process referred to in the last preceding rule shall be served through the process server of the court.

Rule - 68. Batta to witnesses outside State.

When the process issued for service to any Court outside the State is for appearance of any person as a witness, the amount of batta and travelling allowance he is entitled to shall be remitted with the process by money order, and in such cases the money order commission shall also be paid into Court by the party at whose instance the process is issued.

Rule - 69. Summons to witnesses.

(1)     The party who desires the attendance of witnesses before the Court or before a Commission appointed to take evidence shall present a list in Form No. 20 of the persons whose attendance he requires, stating their full names, residence and description and also whether they are required to give evidence or to produce any document and shall specify the date, if any, and the description of the documents sufficient to identify them, and shall with such list deposit in Court the prescribed fees for service of summons and postal and money order charges if any required, and the total amount of allowance to which the said persons are entitled for travelling and attendance in Court.

(2)     Where the party proposes to produce witnesses without summons he shall file a list of such witnesses in the same form with appropriate modifications.

(3)     Unless otherwise ordered by the Court, the lists mentioned in sub-rules (1) and (2) shall be filed in Court and copies of the same shall also be served on the opposing counsel, in cases where there is appearance by counsel, at least 10 days before the date fixed for trial. In default the Court may refuse to examine the witness.

(4)     When witness summons is served by the parties, a process memo, duly stamped and signed by the pleader, together with the witness summons duly filled up, except the date of appearance, shall be filed. After the summons is made out by the office, if shall be handed over to the party or his pleader for service with a direction to return the original before the date of hearing. Where the party serves the summons on the witness directly, the expenses mentioned in sub-rule (1) shall be paid to the witness by the party or his agent as provided for in Rule 2(4) of Order XVI of the Code.

Rule - 70. Scale of allowances.

Allowances shall be calculated according to the following scale:

Rule - 71. Service of process on Government Servant.

When summons is issued to any Government servant other than the Head of an office as a witness the Court issuing the summons shall ordinarily sent it in duplicate to the Head of the Office in which such person is employed with a letter for service on the person noted in the process and such Head of the office, on receipt of such process, shall cause the summons to be served on the witness and return it to the Court under his signature.

Rule - 72. Processes to be issued in their order.

As a rule, processes must be issued for service, in the order of receipt, but preference must be given to those with emergent batta and those specially ordered by the presiding officer.

Rule - 73. Processes to common guardian of several minors.

Where more minors than one are represented by the same guardian in a proceeding, it is not necessary to issue separate processes to each minor. It is enough if one process is issued to the guardian as representing all the minors.

Rule - 74. Processes to be dated and sealed.

All processes shall be dated and sealed with the seal of the court issuing the same. They shall also specify the date for return after service.

Rule - 75. Return of service-nature of endorsement.

Except where the summons or notice is sent by registered post, the return of the serving officer shall state the manner in which the process was served, the place, date and time of service and whether he is previously acquainted with the person served and, if not, by whom such person was identified.

Rule - 76. Return in case of refusal.

If the person to be served refuses to sign the acknowledgement of service the return shall state that he was informed of the nature and contents of the process and in the case of a plaint that upon applying to the office of the Court he could obtain a copy thereof.

Rule - 77. Service by affixture to the outer door.

If a process is affixed to the outer door of a house in the absence of the person to be served, the serving officer shall, when he returns the process, make an affidavit on the following matters:

Explanatory Note.The rates of T.A./D.A. payable to the witnesses under R. 70 were fixed some time back and require an upward revision in view of the increase in the cost of living and transportation charges. Hence amendment.

(1)     the number of times and the dates and hours at which he went to the house and the attempts made by him to find the person to be served;

(2)     whether he had any and what reason to suppose that such person was within the house or its neighbourhood and was endeavouring to evade service;

(3)     whether any adult member of the family of the person to be served was residing with him; and

(4)     the Municipal or Panchayat number of the house.

Rule - 78. Repeated attempts to be made to effect service.

When the process is returned unserved for the reason that the person to be served could not be found, further attempts should be made to effect personal service on the same batta if the hearing date is sufficiently distant.

Rule - 79. Serving officer to affix special notice.

If a summons or notice is affixed to the outer door of a house, the serving officer shall affix therewith a notice that the party can, upon application to the office of the Court, obtain a copy of the plaint and shall, in his return, state that he has done so and shall return the copy of the plaint accompanying the process to the Court.

Rule - 80. Verification of return.

(1)     The return of service shall be verified by the affidavit of the serving officer and the Central or Deputy Nazir shall administer the oath to or take the affirmation of the process server.

(2)     Verification of witness to the return.

If the process server is not previously acquainted with the person to be served, he shall have him identified by the Village Officer or by some other respectable person who knows him and the return shall be supported by a verification at the foot thereof made and signed by the person making the identification. The full name and address of such person shall be set out in the verification.

(3)     Illiterate or blind persons.

When the person served is illiterate or blind his thumb impression shall be taken in acknowledgement.

(4)     Discrepancy to be explained.

When the name in the signature of the person served, differs from the name given in the process, the discrepancy must be explained in the verification of the process server.

(5)     Service on Agent.

Where another person accepts the summons on behalf of the person to be served, it should be noted whether the person served is living with or is undivided from the person on whose behalf he accepts service and in the case of an agent, whether he is duly authorised to accept service.

Rule - 81. Officer to whom processes should be transmitted for service.

The proper officer to whom processes shall be transmitted for service under Order V, Rule 9 of the Code shall be:

(a)      The Central Nazir in respect of all processes issued by any Court located or having jurisdiction at a station where there is a Central Nazir, for service within the jurisdiction of a Munsiff located at such a station.

(b)      In all other cases the Deputy Nazir of the Court within the jurisdiction of which the process is to be served.

Rule - 82. Presentation of memoranda for issue of processes.

All memoranda for issue of processes except those in respect of emergent processes, whether money is deposited with them or not, and except those presented along with the plaint, memorandum of appeal, cross-objection or application to the chief ministerial officer, shall be presented to the Central Nazir or Deputy Nazir, who shall enter them in Register No. 36. Where money is deposited it shall be paid to the Central or Deputy Nazir who shall grant a receipt to the party. He shall maintain as many receipt books and as many registers as there are Courts whose processes are served by him.

Rule - 83. Subsequent procedure.

The application shall next be entered in Register No. 37 and forwarded to the clerk-in-charge of the records of the suit or proceeding to which the process applications relate, who shall return them with the copies of the plaints, etc., if any, to be delivered to the defendants or respondents and such records as may be necessary for the correct preparation of the processes. The process writer shall then prepare the processes in the order of receipt of applications and return the records, when no longer required, to the concerned clerk and obtain his acknowledgement.

Rule - 84. Emergent processes.

Applications for the issue of emergent processes shall be made direct to the Court concerned and after the order for issuing the process is passed by the Court, it shall be transmitted to the Nazarat for emergent execution.

Rule - 85. Memoranda filed with plaint, etc.

Memoranda for the issue of processes presented along with the plaint, memorandum of appeal, cross-objection or application shall, after the plaint, memorandum of appeal, cross-objection or application has been admitted, be entered in Register No. 39 and transmitted to the Nazarat.

Rule - 86. Sealing of papers in the Nazarat.

All papers presented to the Central or Deputy Nazir shall, immediately on receipt, be impressed with a date stamp which shall be of a design different from that of the date stamp used by the chief ministerial officer.

Rule - 87. Transmission of amount for service of process.

The presiding officer of the Court shall send by money order the amounts relating to the service of processes received by him to the presiding officer of the Court concerned who shall hand over the same to the Central or Deputy Nazir. The Central or Deputy Nazir shall make a note of the particulars relating to the money orders in Register No. 36.

Rule - 88. Notice regarding unexpended witness batta.

A notice showing the unexpended witness batta available for refund shall be exhibited in the notice board of the Court on the first working day of every week and shall remain on the board for at least 3 days.

Rule - 89. Intimation of receipts and disbursements in the Nazarat to the Chief Ministerial Officer.

At the end of the day the Central or Deputy Nazir shall send to the chief ministerial officer the receipt books and a statement of the totals of stamps and all amounts received and of money expended during the day, in order that the necessary entries may be made in the cash book, ledger and register of documents and Court Fees.

Rule - 90. List of processes for service in other Nazarats.

The Central or Deputy Nazir of each Court shall prepare lists from his registers of all processes to be served or executed within the jurisdiction of the outlying Munsiffs and such lists shall forthwith be sent by post to the Deputy Nazirs together with all such processes.

Rule - 91. Procedure on receipt of processes for service.

On receiving any batch of processes, the Central or Deputy Nazir, as the case may be, shall give them general numbers and enter them in Register No. 36.

Rule - 92. Distribution of processes.

The Central or Deputy Nazir shall thereupon arrange for the distribution of the processes and, after the necessary entries have been made in Register No. 38, shall deliver them to the several process servers. As far as possible all processes, other than warrants of arrest, for persons residing in the same neighbourhood, shall be allotted for service to the same process server whether issued by the same or by different Courts.

Rule - 93. List of processes executed.

Every day each Central or Deputy Nazir shall prepare a list for each Court of the processes to be returned to it, giving them their original court numbers and shall transmit them with the list to the Central or Deputy Nazir who issued the processes, and the latter shall sign and return the list.

Rule - 94. Delay in return of processes to be reported.

It shall be the duty of the Central or Deputy Nazir to have the processes returned struck off in his register and to bring to the notice of the Judge concerned any unusual delay.

Rule - 95. Nazir's register.

At the close of each day, every Central and Deputy Nazir shall enter in Register No. 36 the number of processes distributed during the day and the number of process servers to whom processes were distributed.

Rule - 96. Arrest or seizure by process server of outlying Court.

(1)     When any person has been arrested or movable property seized by a process server of an outlying Court under a warrant issued by a superior Court, the process server shall forthwith bring such person or property to the station of such Court and deliver him or it to the Central Nazir or Deputy Nazir, as the case may be:

Provided that this rule shall not apply to property not required to be brought to the Court.

(2)     Such Central or Deputy Nazir shall immediately give the process server a receipt and send him back to his own Court, and shall produce such person or property before the Court which issued the process.

(3)     When money shall have been paid upon any such process, it shall be received by the outlying Munsiff and duly transmitted by money order at the expense of the party to whom the money is payable, together with the process, to the Court concerned.

Rule - 97. Issue of receipt by Amin or process server.

An Amin or process server, receiving money or any valuable security from a judgment-debtor or purchaser in a court sale or otherwise, shall grant a receipt for the money or valuable security received, to the judgment-debtor or purchaser as in Form No. 21 and shall produce the money or valuable security in Court forthwith.

Rule - 98. Remittance of witness batta.

The total amount of the batta of witnesses, etc., on all the processes issuing to a given Court on any day for service shall be remitted by money order by the Court issuing the processes to the Court to which the processes are sent for service at the same time as the processes are despatched to the latter Court. Any unspent balance in the hands of the Court serving the processes shall be returned to the Court issuing the processes by money order at intervals of a week, but it may be remitted along with the witness batta if such is being remitted at an earlier date. The presiding Judge or in the case of a District or a Sub Court, the Sheristadar, shall check and verify from week to week the issue of such money orders. The money order commission in the above cases shall be charged in the contingent bill of the Courts.

Rule - 99. Statement of money orders issued to other Courts.

On or before the 6th of every month, the Court issuing money orders under the preceding rule, shall send to each Court to which money orders have been issued in the preceding month a statement showing the number and particulars of the money orders so issued; and it shall be the duty of the presiding officer of the latter Court to see that the amounts involved have been received and accounted for.

Rule - 100. Procedure in urgent cases.

(1)     The presiding officer of any Court may, for any sufficient reason, at any hour of the day, transmit a process for emergent execution within the jurisdiction of the Munsiff at the station and it shall be the duty of the Central Nazir or Deputy Nazir, as the case may be, on receiving such process signed by the Judge, to make immediate arrangements accordingly.

(2)     In a case of very special urgency, the presiding Judge may deliver any such process to one of the process servers in attendance in his Court for immediate service or execution.

Rule - 101. Deputation of special process server from headquarters.

The presiding Judge of any superior Court may direct, on the application of the party, applying for any particular process which ordinarily be sent for service to an outlying Court, that it be served or executed by a special process server from headquarters:

Provided that additional charges at the rate of one rupee a day for a peon or two rupees a day for an amin for the time he is likely to be employed on such duty be paid in advance; and the Judge may, for sufficient reason, direct that such extra charge be costs of the suit or proceeding.

Rule - 102. Second process server deputed to guard judgment-debtor.

When the Court considers it advisable that a second process server should be deputed to assist the process server having the custody of the judgment-debtor, additional charges for the extra process server at the rates prescribed shall be levied in advance.

Rule - 103. Diaries.

(1)     Every amin and process peon shall maintain a diary (Register No. 40). It shall be written up day by day and shall show where the amin or peon has been on each day, what work he has done and what processes he has served or failed to serve.

(2)     The diary will be initialled by the Nazir whenever he issues processes and whenever the amin or peon returns to headquarters.

CHAPTER III TRIAL OF SUITS

A. THE FIRST HEARING

Rule - 104. Application for directions.

Any party may, at the first hearing, apply to the Court for directions as to any of the following matters:

(1)     The filing of a written statement by any party, stating the pleas raised by him, or further and better particulars thereof;

(2)     Adding or striking out parties;

(3)     Discovery of documents and interrogatories;

(4)     Inspection or production of any document or public record;

(5)     Issue of commission to examine witnesses or for any other purpose;

(6)     Reference to an arbitrator;

(7)     Any other matter or proceeding necessary to be considered or taken previously to the trial of the suit.

Rule - 105. Discovery of documents.

The Court may, at the first hearing, of its own motion or on application by any party to a suit, call upon the parties to disclose by affidavit, the documentary evidence in their possession or power or on which they intend to rely. The parties may also be directed by the Court to produce or cause the production of all such documents within a time fixed by it.

Subject to just exceptions no document not so disclosed by the parties or produced or caused to be produced within the time allowed by the Court shall be admitted in evidence.

Rule - 106. Interrogatories.

(1)     An application for leave to deliver interrogatories under Order XI, Rule 2 shall contain at the foot thereof the proposed interrogatories and shall be accompanied by a copy of the same and the fees prescribed for service of process. If leave is granted the copy shall be served on the other party or his pleader.

(2)     If a party objects to answer any interrogatory he shall state shortly the grounds of his objection in his affidavit in answer to the interrogatories.

Rule - 107. Adjournment in consequence of application for commission.

If an application for the issue of a commission to examine a witness, or with respect to any other matter mentioned in Rule 104 is made subsequent to the first hearing and an adjournment of the final hearing is prayed for the adjournment shall not be allowed unless it appears to the Court that the application could not be made at the first hearing.

B. ISSUES

Rule - 108. Form of issues.

The issues framed by the Court and any order passed upon any application under Rule 104 shall be drawn up in Form No. 22 and shall form part of the record, and all parties shall be entitled to inspect the same and to obtain copies thereof.

Rule - 109. Procedure in regard to the framing of issues.

In framing issues, the Court shall proceed as follows:-

(1)     Every issue of fact shall be so framed as to indicate on whom the burden of proof lies.

(2)     Every issue of law shall be so framed as to indicate either by a statement or admitted or alleged facts or by reference to the pleading or some documents mentioned therein, precise question of law to be decided.

(3)     No proposition of fact which is not by itself a material proposition, but is relevant only as tending to prove a material proposition, shall be made the subject of an issue.

(4)     No question regarding the admissibility of evidence shall be made the subject of an issue.

Rule - 110. Findings to be recorded on all the issues.

Except where a suit is disposed of under Order XIV, Rule 2 of the Code, the Court shall record findings on all the issues framed, even though the decision on some of them would be sufficient to dispose of the suit.

C. INSPECTION OF DOCUMENTS

Rule - 111. Inspection of document.

A party shall be at liberty to inspect, and obtain a copy of any document filed in Court.

Rule - 112. Inspection of proceedings by party.

Every party and his pleader, desiring to inspect any proceedings filed in court by him or by any other party, or by a Commissioner or officer of Court, in any suit, appeal or matter, shall present a memorandum specifying the proceedings of which inspection is required and inspection will be allowed without the payment of any fee during the pendency of such suit, appeal or matter.

Rule - 113. Inspection of documents by strangers.

An application for inspection, or for copies of records or documents of or in the custody of a Court, other than records and documents filed in a suit, appeal or matter to which the applicant is a party shall be made to the said Court by an application entitled in the suit, appeal or matter in which the records or documents are filed, and specifying the particular record or document of which inspection is or copies are required, by reference, as far as possible, to the nature, date and the date of filing of and the parties to, each record or document. The application shall be supported by an affidavit stating whether the applicant has any, and, if so, what interest in the subject matter of the documents or the proceeding in which the record or document is filed, the purpose for which inspection or copy is required and if the same is required for the purpose of an intended or pending proceeding, the nature of the said proceeding and the relevancy of the record or document to the case of the applicant.

Rule - 114. Notice of application for inspection.

The Court may in its discretion, cause notice of the application to be given to the parties to the said proceedings, and, where such notice is given, the provisions of the Code and of these rules with respect to an interlocutory application shall apply to the said notice.

Rule - 115. Consent to inspect or obtain copy.

The Court shall not grant leave to a person, not a party to the proceeding, to inspect or to obtain a copy of any record or document produced by another person, who also is not a party to the proceeding in which the same is filed, or to the discovery of which the latter is entitled to object, except in either case, with his written consent.

Rule - 116. Inspection to be made before officer and fee for the same.

If leave to inspect is granted, the inspection of the record shall be made in the presence of the Record-keeper or his deputy and the fee for inspection except where inspection without payment is permitted under Rule 112 shall be 75 paise for every hour or part of an hour during which the Record-keeper or his deputy shall be engaged and shall be paid by Court Fee Stamps affixed to the application.

Rule - 117. Copies or extracts not to be taken.

The payment of the inspection fee shall entitle the applicant to read any document or record specified in his application and the inspection of which has been allowed by the Court. He may make a short memorandum of the date and nature of the document so as to enable him to describe it sufficiently in case a copy is required but he shall not be entitled to make a copy of the document or part of the document or make extracts therefrom.

D. SEARCH OF RECORDS

Rule - 118. Search fee.

On every application for inspection or for a copy of any document or record there shall be paid, in Court Fee Stamps, in addition to the usual fee on such application an additional fee for search of the document or record at the rate mentioned below:

Provided that no such fee need be paid by a party to the suit or proceeding wherein the application for inspection or for copy is made if the suit or proceeding is pending on the date of the application:

Provided also that no search fee need be paid by a party to a suit or proceeding in the case of an application for copy of a judgment, order or decree pronounced within one year prior to the date of the application.

For the purpose of this rule, only one search fee need be paid for all documents forming part of the record in the same suit or proceeding and the document shall be deemed to be of the date of the institution of the suit or proceeding of the record of which it forms part.

Enclosures or annexures to a proceeding or document and the vouchers appertaining to an account shall be reckoned as part of the proceeding or document to which they relate.

If the proceeding or document is not found, the applicant shall be entitled to a certificate to that effect, free of cost, as in Form No. 23.

E. PRODUCTION OF DOCUMENTS

Rule - 119. Records in the custody of Court.

(1)     An application for the production of records in the custody of a Court shall specify the particular documents required to be produced. Unless it appears to the Court that the production of the original document is necessary the party shall be required to obtain and file copies thereof and the original shall not be sent for. If the Court dispenses with the affidavit mentioned in Order XIII, Rule 10(2) of the Code it shall record in writing the reasons for so doing.

(2)     When a Court finds it necessary to require the production of the records of another Court, it shall address a letter of request as in Form No. 24 to the Presiding Judge of that Court.

(3)     Where the document to be sent for by a Court either from its own records or from another Court is an account book or is a document which has to remain in those records or in the custody of the other Court or which belongs to a person other than the party at whose instance it is sent for, the Court may require the party to deposit before the letter of request is issued, such sum as it may consider necessary to meet the estimated cost of making a copy of the document or such part of it as may be required.

(4)     When the letter of request is issued by the Court suo motu it shall be open the Court to call upon either party to make the deposit as aforesaid.

(5)     On the receipt of the document in compliance with the letter of request, the Court shall cause a notice to be affixed to the notice board that the document has been received and that the parties may apply to the court for inspection of the same. After the document has been admitted in evidence, the court, shall, unless it considers it necessary to retain the original, direct the parties to specify the portions thereof on which they rely and direct a copy or photograph to be made of the same at the expense of the party requiring such portion and shall thereafter with all convenient speed return the original to the Court from which it was received retaining the copies as part of the record. When such copy of a portion of the document is prepared, it should contain a clear description of the document.

Rule - 120. Production of records in the custody of a public officer other than a Court-

(1)     A summons for the production of records in the custody of a public officer other than a Court shall be in Form No. 25 and shall be addressed to the Head of the Department concerned and in the case of a summons to a District Registrar or a Sub-Registrar or Assurances it shall be addressed to the Registrar or Sub-Registrar in whose office the required records are kept. A summons for the production of revenue papers kept in any office in a district shall in all cases be directed to the Collector of the District:

Provided that where the summons is for the production of village accounts including field measurement books such summons shall be addressed to the Tahsildar or to the Deputy Tahsildar in independent charge as the case may be.

(2)     Every application for such summons shall be made by a verified petition setting out (i) the document or documents the production of which is required (ii) the relevancy of the document and (iii) in case where the production of a certified copy would answer the purpose, whether application was made to the proper officer for a certified copy or copies and the result of such application.

(3)     No Court shall issue such summons unless it considers the production of the original necessary or is satisfied that the application for a certified copy has been duly made and has not been granted. The Court shall in every case record its reasons in writing and shall require the applicant to deposit in Court before the summons is issued, such sum as it may consider necessary, to meet the estimated cost of making a copy of the document when produced.

(4)     On production of the document in obedience to the summons, the Court shall, unless it thinks it necessary to retain the original, direct a copy or photograph to be made at the expense of the applicant and shall with all convenient speed return the original retaining the copy:

Provided that a copy shall be taken and the original returned as aforesaid in all cases where a District Registrar or Sub Registrar produces Book IV.

(5)     Unless the Court requires the production of the original every such summons to a public officer shall state that he is at liberty to produce instead of the original a copy certified in the manner prescribed by Section 76 of the Evidence Act.

(6)     Nothing in this rule shall prevent a Court of its own motion from issuing a summons for the production of public records or other documents in the custody of a public officer if it thinks it necessary for the ends of justice to do so. The Court shall in every case record its reasons in writing.

Rule - 121. Production of records in the custody of Parliament or of a Legislature of a State.

When the document required is in the custody of a House of Parliament or of a Legislature of a State the summons shall be by a letter of request as in Form No. 26.

Rule - 122. Notice to third parties.

Where the document to be sent for under Rules 119 to 121 belongs to a third party, the Court may before ordering the application, direct notice thereof to the third party and consider his objection, if any, to the same.

Rule - 123. Return of original document to the custody from which it was produced.

Whenever an original document has been produced under Rules 119, 120 or 121, the Court shall, unless it sees fit to proceed under Order XIII, Rule 8 of the Code, return it to the custody from which it was produced without a formal application therefor.

Rule - 124. Deposit of postage.

If a record or document is required to be sent by post the Court may direct the applicant to deposit in Court a sum sufficient to defray the postage for transmission to and from the Court.

Rule - 125. Transmission of records.

The transmission of records between Court and Public Offices shall ordinarily be by post as registered parcels.

Rule - 126. Bankers' Books.

(1)     A party desiring the inspection or production of certified copies of bankers' books shall support his application by affidavit showing their relevancy and the details of the entries required sufficient to identify them. The Court before granting the prayer may order notice to the opposite party as well as to the Bank concerned.

(2)     The Bank may show cause against the order for inspection or production or for copies and may be awarded costs if the objection is upheld. The court may also direct the party applying for copies to pay the Bank the cost of making such copies.

Rule - 127. Preparation of photographic copies.

Any party requiring photographic copies of any document to be taken shall apply to the Court for the same and the Court shall, if it allows the application, direct the copies to be prepared by the Government Photographer or other Photographer approved by it, at the cost of the party applying for the same.

F. ADMISSION AND MARKING OF DOCUMENTS

Rule - 128.

(1)    Marking Exhibits.

Exhibits admitted in evidence shall be marked as follows:-

(i)       If filed by a plaintiff or petitioner, with the capital letter A followed by a numeral A1, A2, A3, etc.

(ii)      If filed by a defendant or respondent to a petition, with the capital letter B followed by a numeral B1, B2, B3, etc.

(iii)     If court exhibits, with the capital letter C followed by a numeral C1, C2, C3, etc.

(iv)    If third party exhibits, with the capital letter X followed by a numeral X1, X2, X3, etc.

(2)    Marking of similar Exhibits.

A series of similar Exhibits shall be marked with the same capital letters and numerals followed by small letters of the alphabet in brackets. When small letters of the alphabet are exhausted, double small letters shall be used as A1(a), A1(b), A1(c); A1(z), A1(aa), A1(ab), A1(ba); A1(bb); A1(zz).

(3)    Consecutive marking.

The exhibits filed by the several plaintiffs or defendants shall be marked consecutively.

(4)    Marking in subsequent proceedings.

If further exhibits are admitted in evidence in appeal, revision or final decree proceedings, they shall be marked in accordance with the above scheme with numbers consecutive to the number on the last exhibit previously filed.

Rule - 129. Admission and proof of documents to be noted.

When the genuineness of documents tendered by one party in evidence is admitted by the other, the latter or his pleader shall be required to do so in writing.

Rule - 130. Book IV not to be marked.

Where a District Registrar or Sub-Registrar produces Book IV, the original book should not be marked as an exhibit, but only the copy directed to be taken under Rule 120(4).

G. RETURN OF DOCUMENTS

Rule - 131. Application for return of documents.

Application for the return of documents filed in Court shall be made to the Court in which they were originally filed. If any document has been transmitted to any other Court, the former Court shall request such Court to retransmit the document and on receipt thereof, shall return it to the applicant.

Rule - 132. Documents filed but neither admitted nor rejected to be returned.

(1)     Documents which have been filed in Court but which have not been tendered in evidence and which have therefore neither been admitted nor rejected shall be returned to the person who produced them as early as possible, and, in any case, not later than at the close of the trial.

(2)     No application shall be necessary for their return but an acknowledgement should be obtained in the document list.

Rule - 133. Return of documents tendered but rejected.

Documents tendered, but not admitted in evidence should be endorsed in the manner directed by Order XIII, Rule 6 of the Code and may be returned to the person producing them on his application either after the time for filing an appeal or revision from the decree in the suit or proceeding is over, or after the disposal of the appeal or revision, if any, or with the consent of the other parties to the suit or proceeding.

Rule - 134. Return of documents admitted in evidence.

(1)     When a case has been finally decided and in an appealable case, after the appeal period is over, or the appeal is disposed of, documents which have been admitted in evidence, except those which have become void or useless by force of the decree, may be returned to the persons producing the same on their application.

(2)     Document constituting title deeds may be returned to the parties notwithstanding the fact that they have been superseded by the decree.

Rule - [134A.

If the applicant under Rule 133 or 134 does not take back the document within two weeks of the order allowing the return, the order shall be cancelled:

Provided, however, that such cancellation shall not preclude a fresh application being made and allowed for return of such document.][6]

H. COPIES OF PROCEEDINGS TO BE FURNISHED BY PARTIES TO EACH OTHER

Rule - 135. Party filing any proceeding to furnish the other side with a copy.

A party, or pleader, filing any proceeding, shall, on demand in writing, furnish to any other party a copy of the proceeding, upon payment therefor at the rate of ten paise for every hundred words if in manuscript, or at double tins rate if the copy is typed or printed, four figures being calculated as one word:

Provided that one copy of plaint, a written statement, and of a memorandum of appeal or of cross-objection shall on like demand be furnished free of charge to each party appearing by a separate pleader:

[7][Provided further that every defendant filing a separate written statement and every respondent in an interlocutory application filing objection or counter-affidavit shall produce in Court along with the original written statement, objection or counter-affidavit, a copy thereof for the use of the plaintiff or the petitioner, as the case may be.]

Rule - 136. Name and address for service to be endorsed on copy.

The name and address for service of the party or pleader by whom any copy is furnished shall be endorsed thereon, and the party or pleader shall be answerable for the same being a true copy of the proceeding filed by him in Court.

Rule - 137. Refusal or neglect to furnish copy.

In case any party or pleader who has been required to furnish any such copy as aforesaid, either refuses, or for two days from the time when the application for the copy was made, neglects to furnish the same, the person by whom the application has been made shall be at liberty to procure a certified copy from the Court, and in such case the party in default, shall, unless the Judge otherwise orders, be liable for the cost of procuring the same.

I. EXAMINATION OF WITNESSES

Rule - 138. Examination in camera.

The Court may, having regard to the special circumstances of any particular case, order the examination of any witness in camera.

Rule - 139. Dispensing with of or refusing to examine witness present.

(1)       If a party dispenses with the examination of any witness the party or his pleader shall ordinarily be required to sign a memorandum to that effect.

(2)       If the court refuses to examine any witness the reason for such refusal shall be recorded.

Rule - 140.

(1)    Binding over of witnesses present.

When the trial of a case in which witnesses appear is adjourned without examining them, they shall be bound over to attend at the adjourned date on payment through Court of their batta and travelling allowance to which they are entitled under the rules. If the party, at whose instance the witnesses are summoned, fails to pay such expenses before the witnesses are bound over, they shall be discharged.

(2)    When witness is a Government servant.

If the witness so bound over is a Government servant, the chief ministerial officer of the Court shall make an endorsement on the copy of the summons in the hands of the witness or on a separate paper to the effect that the witness has been bound over by the Court to attend at the adjourned hearing.

(3)    Government servants, etc. appearing as witnesses to be examined same day.

Government servants and others belonging to essential services like medical practitioners, appearing as witnesses shall be examined as far as possible on the first day on which they are present.

(4)    Certificate of discharge to such witnesses.

When a witness who is a Government servant has been discharged by Court, the Court shall grant him a certificate when required as in Form No. 27.

Rule - 141. Officer administering oath.

The oath to witnesses and interpreters shall be administered in open court by the Bench Clerk or where the witness is examined on commission by the Commissioner.

Rule - 142. Form of oath.

(1)     The following shall be the form of oath to be administered to witnesses:

"I swear that the evidence which I shall give touching the matter now before the Court shall be the truth, the whole truth and nothing but the truth; So help me God".

(2)     Witnesses who object to making an oath may solemnly affirm in the following form:

"I solemnly affirm in the presence of the Almighty God that what I state shall be the truth, the whole truth and nothing but the truth".

(3)     If a witness objects to making an oath or solemn affirmation or is a child, the following affirmation shall be made by him:

"I affirm that what I state shall be the truth, the whole truth and nothing but the truth".

(4)     Where the witness appears to be under a disability, the Court may hold a preliminary examination as to his competency to give evidence.

Rule - 143. Oath to interpreter.

When a witness is examined with the aid of an interpreter, the interpreter also shall be bound to take an oath or affirmation to the effect that he shall truly and correctly translate the questions put by the Court into the language known to the witness and also the answers given by the witness into the language of the Court.

Rule - 144. Translation of oath.

When the witness cannot understand the language in which the oath or affirmation is administered, the oath or affirmation shall be translated by the interpreter and put to the witness and the witness allowed to take oath or affirmation in the language known to him.

Rule - 145. Heading of depositions.

In the heading of all depositions of witness the full name of the deponent and his or her father's or mother's or karanavan's or husband's name which the deponent usually uses as his or her surname shall be recorded. The heading shall also state the age, profession and residence of the witness. The name of the officer who administers the oath or affirmation and name of the interpreter, if any shall be written below the particulars stated above.

Rule - 146. Signing of depositions.

[8][(1) After a deposition has been read over to the witness the last page thereof shall be signed in fully by him. The Judge shall initial every page if the deposition is not recorded in his hand. A certificate in the following form shall be appended at the foot of the deposition and the Judge shall affix his signature thereto over his name:

"Taken down by/before me in open Court, interpreted/read over to the witness and admitted by him to be correct".

(2)   If the witness denies the correctness of any part of the evidence when the same is read over to him, the Presiding Judge may, instead of correcting the evidence, make a memorandum thereon or the objections made to it by the witness and shall add such remarks as he thinks necessary].

Rule - 147. Numbering of witnesses.

The witnesses called by the plaintiffs or the defendants are to be numbered consecutively. Where different witnesses are called by the several plaintiffs or defendants, the witnesses called by each plaintiff or defendant are not to be numbered separately, but continuously as if all had been called by a single plaintiff or defendant. However in such cases it should be noted in the deposition by which plaintiff or defendant the witness was called.

J. WITHDRAWAL OF SUIT OR APPEAL

Rule - 148. Notice of application.

Notice of an application for leave to withdraw from a suit, matter or appeal shall be given to all parties who have appealed at the first hearing, or, if the application is made before the first hearing, then, to all parties who have entered appearance.

Rule - 149. Leave conditional on payment of costs.

Unless the Court otherwise orders, an order under Order XXIII, Rule 1 of the Code permitting a party to withdraw from a suit, matter or appeal shall be made conditional upon payment of the costs of the defendant or respondent as in Form No. 28.

CHAPTER IV INCIDENTAL PROCEEDINGS

A. COMMISSIONS

Rule - 150. Application for commission.

(1)     Every application for the issue of a commission shall be supported by an affidavit setting forth the estimated expenses of the commission and the remuneration payable to the Commissioner.

(2)     The Court shall, thereupon, direct the applicant to deposit into Court the sum fixed by it and order to the Commissioner shall be issued only after the deposit has been made. The Court may for sufficient reason extend the time for the deposit and may also call upon the applicant or any other party to deposit such further sum or sums as may be deemed necessary.

(3)     In emergent cases, the Court may issue the commission on payment of the amount to the Commissioner direct by the applicant and the Commissioner shall file a memo in Court for the receipt of his remuneration.

Rule - 151. Issue of commission by Court.

(1)     In cases where for a proper adjudication of the dispute between the parties, the Court finds it necessary that there should be a Commissioner's plan, account or report it shall order accordingly and direct the party on whom the burden lies in respect of the matter concerned to deposit the necessary batta without calling for an application for the purpose.

(2)     Such order shall ordinarily be issued soon after the issues are framed.

Rule - 152. Return of commission.

Every order for the issue of a commission shall fix a date within which it shall be returned. The Court may, for sufficient reason, extend the period from time to time.

Rule - 153. Letters of request.

(1)     Where a letter of request is issued under Order XXVI, Rule 5 of the Code it should set forth the names of the parties to the proceeding, the nature of the action in which the evidence is required, the name, address and description of the witness whose evidence is required and either the exact interrogatories which it is desired to be put to the witness, or the documents etc., whose production is desired or a clear and concise statement of the exact points on which it is desired that the witness should be examined or a request that notice should be given to the representatives of the parties to the action of the time and the place where the evidence is to be taken and that the representatives of the parties should be allowed to put such questions to the witness as they may desire.

(2)     Before a letter of request is issued, steps should be taken to ensure that the parties will be able to meet the expenses.

Rule - 154. Records to be furnished to Commissioner.

The Commissioner shall be furnished by the Court on his receipt with such of the records of the case as the Court considers necessary for executing the commission. Original documents will be furnished only if a copy will not serve the purpose or cannot be obtained without unreasonable expense or delay. When the records are returned the fact shall be noted on the receipt and the receipt shall be retained in the file.

Rule - 155. Commissioner to give notice to parties and witnesses.

The Commissioner shall give due notice in writing about the examination to the parties or their pleaders and to the witness either in person or by registered post, intimating the place, date and time when the examination is proposed to be conducted. The date, place and time shall be fixed so as to suit the convenience of the parties and their pleaders and of the witness, as far as practicable.

Rule - 156. Court may fix date, time and place of examination.

The Court issuing commission for examination of a witness may, at any time, appoint the date, place and time for examination and the party or the witness who does not attend accordingly shall be deemed to be in default.

Rule - 157. Commissioner to receive document, object or application and produce the same in Court.

If a document is filed before the Commissioner or any application to receive any document or material object is presented before him, he shall receive the same subject to the final orders of the Court and produce such document, material object and the application in Court the next day with a report and the Court shall pass such orders in the matter as it deems just.

Rule - 158. Party to take steps for witness.

The party who applied for the commission shall take such steps as are necessary to secure the attendance of the witnesses before the Commissioner.

Rule - 159. Mode of examination of witness before Commissioner.

The examination of witnesses before the Commissioner shall be in the same manner as in Court. Where the examination is unnecessarily prolonged or amounts to an abuse of process, the Commissioner may stop the proceeding for the purpose of taking the directions of the Court and the Court may give the necessary directions in the matter.

Rule - 160. Procedure to be followed by the Commissioner in examining witnesses.

The Commissioner may put only such questions to the witness as may be necessary to enable him to record the answer in intelligible language. Any questions which may be objected to and its answers shall be taken down as such by the Commissioner with the remark that the question was objected to. The Commissioner has no power to disallow questions and give rulings as to points about admissibility of evidence.

Rule - 161. Commissioner may direct witnesses to give specimen handwriting, signature or finger print.

The Commissioner may, on the application of any party, take the specimen of the handwriting, signature or finger print of any witness examined before him and for that purpose direct the witness to write out and sign any matter in his presence.

Rule - 162. Purdanashin ladies.

Where the witness is a purdanashin lady the Commissioner shall satisfy himself as to her identity.

Rule - 163. Recording of deposition.

The deposition of the witness shall be taken down in writing by the Commissioner and when completed be read over to the witness and signed by the witness in the presence of the parties or their pleaders present. The deposition shall be authenticated by the signature of the parties or of the pleaders who conducted the examination and by the Commissioner who shall also state the place where and the date and the hours when the examination was conducted. All corrections shall likewise be initialled.

Rule - 164. Who shall be appointed Commissioner.

(1)     Commissions for the examination of witnesses shall, as far as possible, be issued to the pleaders practising before the Court.

(2)     Commissions for local investigation or examination of accounts or to make partitions should be issued to persons of proved ability and honesty and as far as possible to pleaders.

(3)     Where in any matter technical skill or knowledge is required on the part of the Commissioner, the Commission may be issued jointly to a pleader and a skilled person, whether in Government employment or otherwise.

(4)     Whenever a joint Commission is issued the order shall state the fees for each of the Commissioners separately.

(5)     No commission shall be issued to the members of the Court staff except with regard to commissions for auditing accounts filed by Receivers of small estates which cannot afford an outside auditor. In such cases a remuneration, consistent with the finances of the estate, may be paid to the Commissioner provided the work is done outside office hours and without prejudice to his normal duties.

Rule - 165. Requisition of services of village officers, etc.

The Court may obtain the services of Village Officers or officers of the Survey or Public Works Department of the Government to accompany and assist the Commissioner in taking measurements, conducting surveys, effecting division of lands, and preparation of plans and the like. In all such cases the remuneration of such Officers shall be fixed by the Court. If the approval of the officer's superior to such officers is required for the purpose, the same should be obtained by the Court before issuing orders.

Rule - 166. Plans, etc. to form part of the record.

The plans, measurements, statements and surveys made by such officers shall be produced by the Commissioner in Court and they shall form part of the record.

Rule - 167. Commissioner to give copies.

Along with the return of the Commission order, the Commissioner shall give copies of his report and accounts and plans and statements accompanying his report to the parties or the pleaders appearing in the case, on receipt of the cost thereof, at the rate of 20 paise per foolscap page of typewritten matter or 15 paise per foolscap page of manuscript and a reasonable fee for the plan, which, in case of dispute, will be fixed by the Court.

Rule - 168. Local inspection by Judge.

(1)     Whenever a Judge makes a local inspection, he should do so only after giving notice to the parties or their pleaders and should place on record a note or memorandum of the facts observed by him at such inspection.

(2)     Whenever such local inspection is proposed to be made, the actual travelling expenses of the Judge shall be caused to be deposited by all or any of the parties and sum so paid shall also be taxed as costs.

B. RECEIVERS

Rule - 169. Appointment of receiver.

In cases where the income of the property is large enough to afford payment of remuneration to a receiver, no party to the suit or proceeding shall ordinarily be appointed receiver.

Rule - 170. Receiver may be bound over to answer fixed profits.

Where the court deems fit to appoint a party as receiver, the Court may bind him over to answer for the profits of the properties not below a specific amount and shall require him to furnish adequate security for at least two years' profits.

Rule - 171. Panel of receivers.

There shall be maintained for each district a panel of legal practitioners and other persons with suitable qualifications from among whom receivers shall be ordinarily appointed by all Courts within the district. The panel shall be maintained by the District Court.

Rule - 172. Strength of panel.

The strength of the panel shall be fixed by the District Judge who may vary it from time to time at his discretion.

Rule - 173. Constitution of panel.

The panel shall as far as possible include at lest one practitioner for each Court in the District. Appointments to and removal from the panel shall be made by the District Judge in consultation with the Subordinate Judge or the Munsiff of the Court which is represented by the practitioner.

Rule - 174. Furnishing of security.

Every person selected to the panel shall before inclusion therein furnish security in the sum of Rs. 2,000 in favour of the District Court to secure his liability in respect of all receiverships to which he may be appointed. He shall furnish one or the other of the following kinds of security:

(a)      Immovable property;

(b)      Cash;

(c)      Government security;

(d)      Fixed deposit or cash deposit in the Post Office Savings Bank;

(e)      Post Office Cash Certificate; and

(f)       National Savings Certificate.

This shall not affect the provisions of Order XL, Rule 3(a) of the Code.

Rule - 175. Filing of accounts.

Unless otherwise ordered a Receiver shall file his accounts once in every three months. The first of such accounts commencing from the date of his appointment and ending with the expiry of three months from such date shall be filed within ten days after the expiry of the said period of three months and subsequent accounts brought down to the end of the three months period for which they are filed, shall be filed within ten days after the expiry of the said periods of three months.

Rule - 176. Accounts to be maintained.

The Receiver shall maintain true and regular accounts of the receivership and shall in particular maintain a cash book in which shall be entered from day to day all receipts and payments and also a ledger. He shall also maintain a counterfoil receipt book with the leaves numbered serially in print from which shall be given all receipts for payments made to him.

Rule - 177. Verification of accounts and furnishing of copies.

The accounts of the Receiver to be filed in Court shall be verified by affidavit and the items therein shall be numbered consecutively. Where a Receiver has not, since the date of his appointment or since the date of his last accounts as the case may be, received or paid any money, he shall file an affidavit to that effect on or before the date on which he has to file the accounts. Copies of the accounts filed by the Receiver shall be furnished by him to the pleaders appearing in the case as and when they are submitted.

Rule - 178. Deposit of collections.

The Receiver shall deposit in Court all monies received by him in the course of the receivership immediately on receipt thereof save any sums that may be required for current expenses as may be allowed by the Court. But the Court may in proper cases allow the monies to be deposited in a scheduled bank in an account opened in the name of the Receiver described as such and may give the necessary directions in this behalf to the Receiver.

Rule - 179. Action against defaulting Receiver.

If a Receiver fails to maintain true and regular accounts or fails to file his accounts into Court on the due date without proper cause or unduly delays the passing of his account by failing to appear before the passing officer or improperly retains any cash in his hands, the Court may disallow the whole or any portion of the remuneration due to him and may also charge interest at 12% per annum on the monies improperly retained by him for the period of such retention without prejudice to any other proceedings which might be taken against him.

CHAPTER V JUDGMENTS, DECREES AND ORDERS

A. FORM AND CONTENTS

Rule - 180. Date for pronouncing judgment.

Unless the Court pronounces judgment immediately after the conclusion of the hearing, the case shall be adjourned to a specified date for pronouncing judgment and judgment shall not be pronounced on any day to which the case does not stand adjourned for the purpose unless notice has been previously given to the pleaders.

Rule - 181. Form of judgment.

(1)     The judgment of the Court shall be headed and drawn up as in Form No. 29 and a list of the exhibits filed and witnesses examined shall be annexed thereto.

(2)     In preparing the list of exhibits, the number of the exhibit, the date of document and the description of the document should be shown in that order. Where the document does not give the English date, the corresponding English date should be shown. Where the document does not bear any date it must be shown as dated nil.

Rule - 182. Form of decree.

(1)     Every decree shall be headed with the full cause-title of the suit, appeal or matter, and in addition to the particulars specified in Rules 6, 7, 9 and 10 of Order XX of the Code, shall contain the name of the Judge, the date of filing of the suit or appeal, the names of all the pleaders who have entered appearance, the valuation of the suit, the total court-fees paid and the provisions of the Court Fees Act under which the same has been paid, and shall be drawn up in consecutive numbered paragraphs.

(2)     A decree under Order XXI, Rule 11(1) of the Code shall be in Form No. 30.

Rule - 183. Preparation of decrees.

[9][Every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible, and, in any case, within 15 days from the date on which the judgment is pronounced.] When the decree is ready for the signature of the Judge, the fact shall be notified on the notice board and, if the Judge so directs having regard to the nature of the case, to the pleaders concerned, and objections, if any, to the form or contents of the decree shall be taken by the pleaders within 3 days of such notice. The Judge shall consider any objections raised, and order suitable corrections to be made, if need be, before signing the decree.

Rule - 184. Specification of periodical payments.

Where periodical payments are directed the decree or order shall specify the date of the first payment, and the day of each month or year on which the subsequent payments are to be made.

Rule - 185. Decree or order for cancellation of registered instrument.

If a decree or order is passed for the cancellation of an instrument registered under the law relating to the registration of documents or a document is registered in pursuance of any such decree or order, and such decree or order is reversed or set aside, the Court shall forthwith cause a copy of the final decree or order on plain paper, verified as correct, to be forwarded to the Registering Officer.

Rule - 186. Orders in matters other than suits.

(1)     The final order in matters other than suits or appeals, including contested interlocutory applications, execution petitions and execution applications shall be drawn up in the same manner as the judgment in a suit and a table of costs shall be appended thereto.

(2)     The names of parties or those to whom notices have been issued in interlocutory applications should be shown in the preface to the fair copies of the orders thereon.

Rule - 187. Final decree in partition suits.

Final decrees in partition suits shall be prepared and stamp duty levied in accordance with the following directions:

(1)     The value of the shares shall be the value as assessed by the Commissioner and accepted by the Court.

(2)     The stamp duty leviable shall be according to the Stamp Act in force at the time of the passing of the final decree.

(3)     The Court shall insist on the Commissioner filing a schedule showing the valuation of the shares for the purpose of stamp duty.

Rule - 188. Setting aside exparte decree where money or property has been recovered under the same.

An order setting aside an exparte decree or order under which a party has recovered any money or property shall ordinarily direct the same to be brought into Court or possession of the property to be delivered to a Receiver pending the final decision of the suit or matter, as in Form No. 31. If the suit is thereafter dismissed, the decree shall be as in Form No. 32.

Rule - 189. Appellate decree reversing decree where money or property has been recovered.

The decree of an appellate court reversing the decree of a lower court under which money or property has been recovered shall wherever possible direct the repayment of the amount, or delivery of possession of the property recovered, as in Form No. 33 or Form No. 34 as the case may be.

Rule - 190. Several appeals against the same decree.

If more than one appeal is preferred against the same decree, all the appeals shall be heard together and one decree only shall be drawn up which shall be headed with the cause-titles of the several appeals.

Rule - 191. Reference to High Court.

When on the application of a party a case is referred to the High Court under Order XLVI, Rule 1 of the Code, the Court shall require him to bring into Court, court-fee stamps requisite for service of notice on himself and all other parties to the suit or appeal or if the reference is made on the motion of the Court, the Court shall require each party to bring into Court stamps required for service on himself and shall transmit such stamps with the statement of the case.

Rule - 192. Execution appeals and remand orders.

In execution appeals and in appeals where the matter is remanded for re-trial, no decree need be prepared but a table of costs shall be appended to the order.

Rule - 193.

(1)    Provision for court fee in pauper suits and appeals.

The decree in a pauper suit or appeal shall provide for payment of the court fee due to the State.

(2)    Decrees in pauper suits and pauper appeals to be sent to Collector.

Copies of all decrees passed in pauper suits and appeals shall be communicated by the Court passing the decree to the Collector of the District in which that Court is situate.

Rule - 194. Payment of court fee in maintenance suits.

If the plaintiff succeeds in a pauper suit for maintenance, the decree shall direct that the defendant shall pay to the State the court fee payable on the amount decreed.

B. COSTS TABULATION OF COSTS

Rule - 195. Taxable items.

In the tabulation of costs the following items shall be included:

(i)       the court fee levied and paid as institution fee, stamp on vakkalaths and petitions and process fee of every description;

(ii)      cost of production or inspection of records and search fee;

(iii)     expenses of postage, money order charge, allowance and batta to witnesses;

(iv)    cost of preparation of certified copies and court fee affixed thereon;

(v)      cost of making copies of pleadings, applications or affidavits, memoranda of appeals or cross-objections at the rate of [10][50] paise per page of typewritten or printed matter and [11][30] paise in the case of manuscript;

(vi)    cost of preparation of processes at the rate of 12 paise for each original process and 3 paise for each duplicate process subject to a minimum of 25 paise in each suit.

(vii)   costs of encumbrance certificate and the search fee paid therefor;

(viii)  cost of certified copies of documents obtained from the office of a Sub Registrar or any other public officer as evidenced from the receipt relating thereto and the cost of the stamp papers required therefor;

(ix)    pleader's fee as allowed by the Rules;

(x)      penalty, if any, levied on unstamped documents, if so directed by the Court;

(xi)    cost of translation of documents as may be allowed by the Court;

(xii)   expenses of commissions including the fees paid to Commissioner;

(xiii)  cost of sale or detention of property as allowed by the Court;

(xiv)  charges for printing of records required to be printed under the rules;

(xv)   charges incurred for publication of notices, etc. in newspaper and the Gazette;

(xvi)  amount deposited for local inspection by the Judge; and

(xvii) every other charge or expense which in the opinion of the Court has been properly incurred or met for the conduct of the case.

Rule - 196. Statement of costs.

(1)     Each party shall, [12][within 7 days] from the date of judgment or order, or such further period as may be allowed by the Court, file in Court: (a) a statement signed by him or his pleader, of the costs and expenses incurred by him as in Form No. 35 and (b) a certificate signed by the pleader that he has received the fee in the case save where he is exempted from producing such certificate by the Rules relating to pleaders fees. He may include in the statement the items mentioned in the preceding Rule and shall give credit for any costs allowed to his opponent and shall state the total amount claimed by him. Such statement shall be checked by the officer of the Court, who shall note thereon the sums, if any, disallowed, and the total amount allowed, and shall sign the same. If any party makes default in filing the statement, the officer of the Court shall prepare a statement of the amount of the institution fee if any, and the pleader's fee allowable to the said party, if duly certified. Every party shall be entitled to inspect and take a copy of the said statement.

(2)     Such statement shall be passed by the Judge and shall form part of the record of the case; and the total amount of costs allowed to the party to whom costs have been awarded shall be inserted in the decree or order.

Rule - 197. Costs when set off allowed.

When a set off claimed by the defendant is allowed, the court may, in its discretion, allow costs to the plaintiff in respect of the suit and to the defendant in respect of his set off. The total amounts of the said costs respectively shall be inserted in the decree or order, and shall be set off against one another and the decree or order shall direct payment of the balance to the party to whom the same is due, as in Form No. 36.

Rule - 198. Proportionate costs.

In cases in which the Court directs that the plaintiff and defendant or appellant and respondent do pay and/or receive proportionate costs, the whole costs incurred by each party shall, unless the Court otherwise directs, be ordered to be paid and/or received in the proportion in which the parties have respectively failed or succeeded.

C. TAKING ACCOUNTS

Rule - 199. Directions as to taking accounts.

If in any suit or matter, it is necessary to take an account, the preliminary decree shall specify the nature of the account and the date from which it is to be taken, and, if the account is to be taken by the Court, shall direct by whom a statement of accounts is to be filed and limit the period within which a statement of accounts, objection and surcharge, shall respectively be filed in Court as in Form No. 37.

Rule - 200. Form of statement of accounts.

A statement of accounts shall be in the form of a debtor and creditor account and shall be verified by the affidavit of the accounting party or his agent. The items on each side of the account shall be numbered consecutively and a balance shall be shown.

Rule - 201. Objection to accounts.

A statement of objection to an accounts, or to the report of the Commissioner shall specify the items to which objection is taken, by reference to their number in the account or report, or the date of the item and page of a particular book of account, or otherwise.

Rule - 202. Surcharge.

(1)     A statement of surcharge shall specify the amount with receipt of which, it is sought to charge the accounting party, the date when, the person from whom, and the particular account on which, the same was received by him.

(2)     A statement of objection or surcharge shall also state shortly and concisely the grounds of the objection or surcharge, and shall also state the balance, if any, admitted or claimed to be due, as in Form No. 38.

Rule - 203. Inspection by parties.

Every party to the suit or matter shall be at liberty to inspect and take notes of a statement of accounts, balance sheet, statement of objection or surcharge or report or proceeding of a Commissioner when filed in Court.

Rule - 204. Extension of time to file statement of account.

If any party has not filed the statement of accounts or of objection or surcharge, within the period limited, the Court may extend such period or direct any other party to file a statement of accounts, or proceed to decide the suit forthwith on the evidence before it. Evidence shall not be admitted with respect to an objection or surcharge, not included in a statement of objection or surcharge.

Rule - 205. Periodical filing.

When a person is directed to file his accounts periodically, the Court shall fix the dates before which his statement of accounts and balance sheet are to be filed and the date, on which the same will be considered by the Court.

P. REFERENCE TO A COMMISSIONER TO VOUCH OR TAKE ACCOUNTS

Rule - 206. Date of filing objection.

If a Commissioner is appointed, the order appointing him shall specify the time for submitting his report and for filing objection, if any, thereto, and the suit or matter shall be adjourned to a fixed day.

Rule - 207. Appointment of Commissioner to audit account.

If the Court finds that the books of account have been regularly and properly kept, and correctly represent all the dealings and transactions in question; it may appoint a Commissioner to audit the account and vouch the items thereof, and to prepare a statement of account and balance sheet as in Form No. 39.

Rule - 208. Declaration by Court.

If the Court finds that any items have been included in the books of account which do not form part of the transactions in question, or are not properly chargeable to any party, or that any transactions have not been included in the said books, it shall declare generally the nature of the transactions or items to be excluded or included in taking the accounts and the Commissioner shall be empowered to state what amount, in his opinion, should be allowed or disallowed in these respects.

Rule - 209. Report of the Commissioner.

The Commissioner shall make his report in the manner prescribed by Form No. 40 and shall annex thereto a statement of the proceedings he had before him and the evidence recorded by him together with a list of witnesses examined and exhibits marked by him. If he is empowered to state his opinion on the matter referred to him, he shall append to his report schedules setting out the several contested items allowed or disallowed by him and stating shortly his reasons for so doing, as in the said form.

Rule - 210. Consideration by Court.

The Court shall consider the objections, if any, of the several parties to the statement of account and balance sheet or to the report of the Commissioner and may, if necessary, direct any party to bring in a fresh account and balance sheet or refer the report to the Commissioner with fresh directions as to the manner of vouching or taking the accounts.

E. MISCELLANEOUS

Rule - 211. Forwarding of copies of judgments to other Departments.

If, in any case, the Court feels that the irregularities in any department and adverted to in the judgment should be brought to the notice of that department, the Court should forward a copy of the Judgment to the High Court with a request to transmit the same to the concerned department. The Court should not directly send the Judgment to the department.

CHAPTER VI SPECIAL PROCEDURE IN PARTICULAR CASES

A. MINORS AND PERSONS UNDER DISABILITY

Rule - 212. Plaint or original petition on behalf of a minor.

When a plaint or original petition is presented by a person as the next friend of a plaintiff or petitioner, who is a minor or under disability, he shall also file an affidavit by a disinterested person that the next friend has no interest, direct or indirect, in the subject matter of the suit or matter adverse to that of the plaintiff or petitioner, that he is not a defendant or respondent in the suit or matter, and that he is a fit and proper person to act as next friend.

Rule - 213. Appointment of guardian ad litem.

(1)     If the plaintiff of petitioner applies for the appointment of a guardian ad litem for a minor defendant or respondent, he shall give notice or such application to the father, natural guardian or custodian of the minor as the case may be, except when such person has, previously, when duly proposed to be so appointed, declined the appointment.

(2)     Ordinarily only a pleader shall be appointed as a Court guardian.

Rule - 214. Fee to Court guardian.

When a Court guardian is appointed the Court may allow him a reasonable fee for his services.

B. PARTNERSHIP SUITS

Rule - 215. Parties.

In a suit for dissolution of partnership or for an account of partnership dealings, all the partners and all persons entitled to share in the profits of the partnership business shall be made parties.

Rule - 216. Inspection of books of accounts by parties.

If, at any time, it appears to the Court that any party has not had inspection of the books of account or papers of the partnership, the Court may order the same to be produced for his inspection at the Court house or other convenient place; and if any party alleges that the books of the partnership do not correctly set forth all the dealings and transactions of the firm, or contain items or transactions not proper to be included therein, the Court shall direct such party to file a written statement giving particulars of the errors or irregularities complained of.

Rule - 217. Impeachment of settled account.

If any party desires to impeach a settled account on the ground of error, he shall, in his plaint or written statement, set out the specific errors or irregularities alleged by him, and, if on the ground of fraud or a mistake affecting the whole account, he shall in his plaint or written statement set out full particulars of the fraud or mistake alleged by him.

Rule - 218. Preliminary decree where partnership and books admitted.

If at the first hearing of the suit, the partnership and terms thereof, and the correctness of the books of account are admitted and it is only necessary to take an account, the Court may at once pass a preliminary decree specifying the account to be taken and the manner of taking the same, as in Form No. 41.

Rule - 219. Matters to be determined at hearing.

At the hearing of the suit, the Court shall determine the persons who are partners of the firm and who are entitled to share the profits thereof, and the proportions in which they are entitled to share profits are liable for losses, and also whether the book of partnership have been regularly and properly kept and correctly represent the transactions and dealings of the partnership, or, if any allegations have been made in this behalf by any party, whether there are any errors or irregularities therein, or any party has been guilty of fraud in respect thereof. If the Court finds that there are errors or irregularities in the accounts or that fraud has been committed, it shall declare generally the nature of such errors, irregularities or fraud or the particular transaction in respect of which the same has been committed.

Rule - 220. Court to give directions as to taking account.

The Court shall also determine what accounts are to be taken and from and up to what date and give such directions as may be necessary for taking the same in the manner prescribed by rules and shall direct what notice, if any, is to be given by advertisement in the local newspapers or otherwise of the dissolution of the partnership. The Court may, if a Receiver has not been previously appointed, appoint a Receiver for the assets of the partnership. The Court shall then pass a preliminary decree in Form No. 41 or Form No. 42, and shall adjourn the further hearing of the suit to a fixed day.

Rule - 221. Errors in settled accounts.

In the case of a settled account if errors or irregularities are proved, the Court may either rectify particular items or give liberty to any party to file a statement of objection and surcharge and, if fraud or a mistake affecting the whole account is proved, the Court may direct an account to be taken from the date of the settlement of accounts, if any, preceding the fraud or mistake.

Rule - 222. Commission to take account.

If a Commissioner is appointed to take an account, he shall take the same in accordance with the directions and findings of the Court as contained in the preliminary decree, and, except as aforesaid, none of the matters mentioned in Rules 219 and 220 shall referred to or dealt with by the Commissioner.

Rule - 223. Order for discharge of debts and liabilities.

When the accounts of the firm have been duly taken and approved by the Court, it shall pass an order providing for the discharge of the debts and liabilities of the firm and for the retention in Court of a sum sufficient for payment of any cost, charges and expenses of the suit properly payable out of the assets.

Rule - 224. Distribution of assets when they exceed the liabilities.

If the assets exceed the debts and liabilities of the firm, and if the parties agree to retain the assets in their hands respectively on account of their shares in the firm, the order under Rule 223 may also provide for the payment of any balance which may be due by the firm to any of the parties, debiting them with the estimated value of the assets in their hands. If the parties apply for the distribution of the assets in any other manner, the order may direct the realisation of sufficient assets to discharge the debts and liabilities of the firm, and to provide for equality of partition. The Court may, if the terms of the said order have been complied with, pass a final decree in Form No. 43, 44 or 45 according to the circumstances of the case.

Rule - 225. Procedure where liabilities exceed the assets or where parties do not consent to a distribution of assets.

If the debts and liabilities exceed the assets of the partnership or the parties do not consent to a distribution of the assets, the Court shall direct the balance due from the several partners to be paid into Court and the assets to be realised, and if it appears that the debts and liabilities have been fully discharged the Court may pass a final decree in Form No. 44 omitting paragraph 4 thereof.

Rule - 226. Appointment of Receiver on default of party.

If any party ordered to make any payment or to do any other act fails to comply with the order of the Court, any other party may apply that a Receiver be appointed to collect and realise the assets of the firm and for an injunction to restrain the party in default from retaining or parting or dealing with the said assets in any manner.

Rule - 227. Stamp paper for final decree.

A final decree effecting a partition of partnership assets shall be engrossed on non-judicial stamp paper as an instrument of partition.

C. PARTITION SUITS

Rule - 228. Parties.

In every suit for partition, all persons entitled to shares or to maintenance shall be joined as parties; and if it is alleged that any co-owner has alienated any portion of the joint property or his interest therein in circumstances rendering the alienation not binding on the co-owners, the alienee shall be made a party to the suit and the party making the allegation shall set out the particulars of the alleged alienation in his pleading.

Rule - 229. Plaint.

The plaint shall state the relationship, if any, of the parties the share to which the plaintiff is entitled, and the allowances or residences, if any, which it is proposed to allot to them respectively, and, unless a general account is prayed for, the particular items of joint property of which division is sought, and, to the best of the plaintiffs knowledge, the encumbrances, charges and outgoings, if any, to which they are subject, and the net value of each item, and shall also state whether any debts or liabilities of the co-owners payable out of the joint properties are outstanding or unsatisfied, as in Form No. 46.

Rule - 230. Matters to be determined at hearing.

At the hearing of the suit, the Court shall determine who are the persons interested in the joint property and their respective shares and interests therein, whether there are any outstanding debts and liabilities which should be satisfied out of the joint property, and, if any allegation has been made in this behalf, whether any person has alienated any portion of the property in circumstances rendering the alienation not binding on the other co-owners or is liable to account for any particular property in his possession or in any other manner. No such question as aforesaid shall be referred to or dealt with by a Commissioner appointed to take an account or divide any property and if any such question arises before him, he shall reserve the same for the determination of the Court.

Rule - 231. Account of outstanding liabilities.

If it appears to the Court that there are outstanding debts or liabilities or any matter to be accounted for by any party which ought to be satisfied out of the joint property and that the same cannot then be ascertained the Court shall direct an account to be taken thereof.

Rule - 232. Interim decree.

If it is found necessary to take an account the Court shall pass a preliminary decree specifying the several accounts which shall be taken in the manner prescribed by Rules 199 to 210 and the further hearing of the suit shall be adjourned.

Rule - 233. Discharge of outstanding liabilities.

If any debts or liabilities other than encumbrances, charges or outgoings on or out of immovable property are outstanding, the same shall, unless the Court otherwise directs, be ascertained, and, as far as practicable, discharged or provided for before any order or decree is made for the division or distribution of the joint property.

Rule - 234. Order for sale.

(1)     When it is ordered in a partition suit that any property may be sold and proceeds divided, persons other than the co-owners shall not be permitted to bid in the sale, unless it appears to the Court that it is just and expedient to order otherwise.

(2)     The sale when the bid is not open to strangers shall be held in open Court on a day to which the case is adjourned for the purpose. The highest bid shall be accepted and the sale confirmed at once unless the sale is adjourned to some other date.

(3)     The co-sharer purchasing at the sale shall not ordinarily be obliged, to deposit the sale price in Court at once and the amount may be debited against him in the final adjustment of accounts in the case if the value of his share in the entire assets will be sufficient to cover the sale price. The Court shall record in the proceedings the date and time of sale, the amounts of the several bids, the name of the purchaser and whether the sale price has been deposited or allowed to be retained for future adjustment. The property so purchased shall be allotted in the final decree to the share of the purchaser at the value of the bid confirmed and accepted by the Court.

(4)     If any such purchaser on being so ordered, fails to deposit the sale price within the time allowed by the Court, the property shall be resold at his risk and the loss, if any, resulting from the resale together with the costs of the adjourned sale may be realised from him or debited against his share.

(5)     Where the Court considers that the interests of the parties will be better served by ordering a sale, open for the bid of the general public, the Court may appoint an auctioneer and shall fix his remuneration for the purpose, and may give the necessary directions relating to the place, time and manner of publication and conduct of the sale and shall direct any of the parties to deposit in Court any sum required for the publication and conduct of the sale. Properties or assets sold by the Court in the course of a partition suit shall be delivered over to the purchaser with the documents of title. The Court may also direct the co-sharers or the Receiver to execute a deed of conveyance to the purchaser at his cost and may, if necessary, appoint a Receiver for the purpose.

Rule - 235. Final decree.

(1)     The final decree in a partition suit shall, in addition to the particulars stated in Rule 182 contain particulars regarding the following:

(i)       the movable and immovable assets adjudged to be partible, the shares and the quantum of each share;

(ii)      the debts adjudged to be binding on the joint estate;

(iii)     the interim relief or reliefs already allowed before the final decree;

(iv)    the result of the final adjustment of the accounts including mesne profits, costs, value of improvements, damages, contributions and amounts payable for equalisation of shares and what amounts are finally payable by and to whom;

(v)      the allotment made to each party in the assets and the share of the debts to be borne by him;

(vi)    the provisions made for members of the family for residence, maintenance or marriage;

(vii)   the easements or other burdens imposed on each share; and

(viii)  every other matter relating to the partition as stated in the Judgment.

(2)     The plans of the immovable properties partitioned under the decree showing the several blocks into which they have been divided, with the survey measurements and extent, shall be appended to the decree besides the schedules of properties.

Rule - 236. Furnishing of stamp paper for final decree.

The Court shall, in its final judgment in a partition suit, direct the parties to deposit in Court the amount required for the non-judicial stamp paper for engrossing the decree in proportion to the value of their shares and any party failing to deposit the amount as directed within the time allowed shall be deemed to be in default and shall be liable for the costs of the adjournment. The Court may allow any party to deposit the entire amount or the share of any other party and direct the same to be realised from the party or parties liable for the same.

Rule - 237.

(1)    Decree to be engrossed on stamp paper.

The decree in a partition suit shall be prepared on non-judicial stamp paper of the requisite value and shall be retained by the Court and shall form part of the record, and copies of the same shall be furnished to the parties as in the case of other decrees.

(2)    Copy to be sent to Sub-Registrar.

A copy of the final decree in a partition suit shall be sent to the Sub-Registrar within whose jurisdiction the immovable property is situate and in cases where the properties fall within the jurisdiction of more than one registration sub-district, the Court shall send a copy to each Sub-Registrar.

Rule - 238. Procedure where stamp paper is not furnished.

(1)     [13]If the parties fail to produce the amount required for the stamp papers as directed, the records of the cases shall be consigned to the record room without drawing up the final decree and to such cases the rules regarding destruction of records shall not apply.

[14](2)   If any party subsequently desires to have the decree prepared, he shall move therefor by petition producing at the same time the amount required for the stamp papers.

(3)   The amount required for the stamp papers so produced, will be treated as costs in the final decree.

(4)   Any application for copy of a final decree, in a case in which the records have been consigned to the record room without preparing the final decree under sub-rule (1), shall be returned to the applicant stating that the final decree has not been prepared.

CHAPTER VII CERTIFIED COPIES AND PRINTING RULES

A. CERTIFIED COPIES

Rule - 239. Application for copies.

(1)     Any person entitled to obtain a copy of any proceeding or document filed in or in the custody of the Court, may present an application therefor as in Form No. 47 setting out the name of the applicant, his position in the suit or proceeding if he is a party thereto, and the description of the document of which copy is required.

(2)     Copies of Judge's minutes or of correspondence, and other papers not strictly Judicial will be granted only under orders of the Judge.

[15][(3) Any party to the proceeding may, immediately after the judgment or order is pronounced, apply orally to the Court for a carbon copy or photostat copy thereof, and, if the court so directs, a carbon copy or photostat copy duly certified shall be issued to the party on his making an application for an urgent copy under Rule 246 accompanied by the copying charges required by Rule 248.]

[16][Provided that in cases where the State Government or the Central Government is a party, a carbon copy may be issued to the State Government or the Central Government, as the case may be, by the office free of cost, on receipt of a written requisition for the same.]

(4)   [17][In LAR cases, a copy of the judgment and decree will be supplied to the concerned government pleader representing the state, free of cost, if applied for.

Provided that the grant of a free copy under sub-rule (4) will not affect the requirements of Rule 258.]

Rule - 240. Application for copies by strangers.

Application for copies of records by persons not parties to the suit or proceedings shall be allowed only by order of the Judge obtained on a duly verified petition setting forth the purpose for which the copy is required. But copies of judgments can be granted to all persons prepared to pay the prescribed fees for the supply of such copies.

Rule - 241. Application for more than one document.

A copy application may pray for copies of more than one document or proceeding in the same suit or other matter.

Rule - 241A. [Defective applications.

When applications are returned for rectification of defects, a time limit of seven days shall be fixed for their representation. Defective applications which are not taken back by the parties and which are not re-presented within the period fixed shall be struck off by the chief ministerial officer.][18]

Rule - 242. Calling for Stamp Papers.

Every day between the hours of 3 and 5 P.M. a list showing the applications in which records have been received and the number of stamp papers required shall be affixed to the notice board of the Copying Section. Such list shall remain suspended for [19][three clear working days] in accordance with Rule 6, but, if the last day should fall during a vacation the list shall remain till the day after the re-opening day. Within that time, the applicant shall supply the stamp papers called for, failing which the application shall be struck off.

Rule - 243. Additional stamp papers.

Whenever additional stamp papers are found necessary, they shall be called for and supplied in the same manner as in the above rule:

Provided that when the additional stamp papers called for have not been deposited but the stamp papers originally deposited are sufficient for the preparation of complete copies of one or more documents, the copy application shall be complied with by delivery of such of the completed copies as can be prepared on the stamp papers supplied, the decision of the Examiner as to the documents to be selected for copying being final. The copy application shall be rejected only as to the rest.

Rule - 244. Intimation of date of delivery of copy.

The [20][Fair Copy Superintendent or the Examiner, as the case may be] shall fix a date for the appearance of the applicant to receive the copy and notify the same on the notice board of his Section. Should the copy not be ready on the date so fixed, the [21][Fair Copy Superintendent or the Examiner, as the case may be] shall fix another day therefor and notify the same in like manner on or before the date originally fixed for delivery of the copy.

Rule - 245. Disposal of incomplete copies.

When an application is struck off, in whole or in part, the incomplete copy shall be destroyed after 12 months from the date on which the application is struck off unless such copy is completed before the expiration of the period, which shall be under the orders of the Judge on a petition filed by the party within 6 months of the date when the application was struck off and the deposit by him of additional stamp papers under the terms of such order. No party shall be entitled to return of stamp papers which are used but on which an incomplete copy is written.

Rule - 246. Order in which application to be complied with.

The preparation of all copies of documents applied for or such of them as admit of being copies in full on the stamp papers deposited shall, as far as possible, be undertaken in accordance with the serial order of the application except when the Judge makes an order for precedence as regards any particular application. Such order for precedence shall be made only on a separate application filed for that purpose.

Rule - 247. Delivery of copies.

A list of copies ready for delivery shall be posted on the notice board of the Section and shall remain thereon for 3 clear days other than holidays. The copy and any unused stamp papers shall be delivered to the applicant, and if the copy is not claimed by the applicant within 12 months of the date of posting of the said list, it shall be destroyed and the unused stamp papers, if any, shall be forwarded to the nearest Treasury Officer.

Rule - 248. Copying charges.

(1)     Copying charges shall be called for and supplied in the shape of copy stamp papers calculated at the rate of stamp papers of [22][One Rupee] for every 175 words in English or 125 words in Malayalam or Tamil or Kannada or fractions thereof:

Provided that instead of furnishing copy stamp papers a party may furnish transparent foolscap paper of durable quality with the requisite court fee stamps affixed on each sheet and the rules applicable to the preparation of copies on stamp papers shall apply;

[23][Provided further that copying charges shall be called for and supplied at the rate of one rupee fifty paise per page for photostat copies in the shape of adhesive court fee stamps.]

(2)     Five numeral figures shall be taken as equivalent to one word. Words in Malayalam or Tamil or Kannada with short suffixes and inflections shall be counted as a single word for the purpose of this rule.

(3)     In granting copies of records, each statement, account, report petition, order or the like should be treated as a separate document and should be written on separate copying stamp papers.

Rule - 249. Copies of maps, plans, etc.

Where the copies applied for are of maps, plans, or genealogical trees, which cannot be copied on ordinary stamp paper, they shall be prepared on plain paper and skilled labour may be employed for that purpose, if necessary. A reasonable fee shall in each case be fixed by the Court and deposited in cash by the party in the same manner as for a commission under the Code; three-fourths of such fee shall be paid to the person employed in preparing the copy and the balance shall be credited to the Government. These charges shall be entered in the register of cash deposits under two heads, three-fourths copying charges and one-fourth comparing fees.

Rule - 250. Production of stamp papers.

The person producing stamp papers for copies shall make an endorsement, on the copy application showing the number of stamp papers produced, and the Examiner of Copyists shall initial and the same in token of receipt.

Rule - 251. Transcription of copies.

(1)     [24][Every Copyist shall legibly and neatly transcribe not less than 25] copy sheets per day and shall also assist in examining copies. Copies must be transcribed on that side of the paper which bears the stamp and a margin of 2.5 cm. should be left on the left hand side. The pages of the copy shall be consecutively numbered and each page must be initialled at the foot by the copyist and the [25][Fair Copy Superintendent or the Examiner, as the case may be] and the last page signed by the [26][Fair Copy Superintendent or the Examiner, as the case may be,] Reader and Copyist. Erasures are strictly prohibited. When a correction has to be made in the copy, the incorrect word shall be struck through by a line in ink across the word and the correct word written above the word so struck through. The [27][Fair Copy Superintendent or the Examiner, as the case may be], shall initial every alteration and interlineation in the copy, and shall also state at the foot of each page the number of alterations and interlineations made therein. The pages in the original should be indicated in the copy also before the matter is transcribed and when there is no pagination the number of the sheet copied should be indicated.

(2)     The transcribed copies shall be compared by the [28][Fair Copy Superintendent or the Examiner, as the case may be] or by such officer as the Court shall direct or by a copyist, but in no case shall a copy be read to the [29][Fair Copy Superintendent or the Examiner, as the case may be], or the examination in, any way assisted in by the Copyist who prepared the copy.

(3)     In the case of a copy for which the preduction of non-judicial stamp papers of a particular denomination is required, the said stamp paper or papers supplied for the purpose shall be used for copying and shall be written on in the same manner as copy stamp papers, copy stamp papers being furnished to make up any deficiency. An adhesive court-fee label of the value of [30][one Rupee] shall be affixed to each such non-judicial stamp paper.

Rule - 252. Typing of copies.

Every English typist-copyist shall legibly and neatly type not less than thirty-five (35) copy pages per day when not attending to comparing work or not less than thirty (30) copy pages per day in addition to comparing work. Every Malayalam typist-copyist shall legibly and neatly type not less than twenty-five (25) copy pages per day when not attending to comparing work or not less than twenty (20) copy pages per day in addition to comparing work.

Rule - 253. Sealing and certificate.

All copies furnished by the Court shall be certified to be true copies by the officer appointed for the purpose and shall be sealed with the seal of the Court.

Rule - 254. Endorsement of copies.

Every copy shall bear an endorsement initialled by the [31][Fair Copy Superintendent or the Examiner, as the case may be], showing the following particulars:

(1)     Name of the Court.

(2)     Year and number of the suit or other proceeding.

(3)     Name of the applicant.

(4)     Number and date of the application.

(5)     Date of calling for stamp papers.

(6)     Date of production of papers.

(7)     Date of calling for additional papers.

(8)     Date of production of additional papers.

(9)     Date when copy was ready.

(10)   Date notified for appearance to receive the copy.

(11)   Date when copy was delivered.

P. PRINTING RULES

Rule - 255-271

[32][x xxx]

Note. In order to avoid delay and minimise the cost of litigation, The High Court has decided to do away the necessity for printing of judgments for filing appeals.

CHAPTER VIII PROCEEDINGS IN EXECUTION

A. GENERAL

Rule - 272. Rules applicable to all proceedings in execution.

The following rules shall apply to all proceedings in execution whether of decrees or of orders and in this Chapter the word 'decree' includes an order.

Rule - 273. Transmission of decree for execution.

An application for the transmission of a decree to another Court for execution shall be made by a verified execution petition headed with the cause title of the suit and the serial number of the execution petition in the suit and shall state, in addition to the particulars set out in clauses (a) to (j) inclusive of Order XXI, Rule 11(2) of the Code, any facts relied on by the applicant to bring the case within the terms of Section 39 and Order XXI, Rules 4 and 5 of the Code and shall specify the Court to which transmission of the decree is sought as in Form No. 50.

Rule - 274. Notice of the application.

(1)     If the application is admitted, the applicant shall, within three days thereafter, deposit in Court the postage charges required for transmitting the same.

(2)     Notice of the application shall be given in all cases in which under Order XXI, Rule 22 of the Code, notice of an application for execution is required.

Rule - 275. Transmission to what Court.

The decree shall be transmitted to the Court of the lowest grade competent to execute it.

Rule - 276. Application to transferee Court.

Where a decree of one Court has been transmitted for execution to another Court an application for execution shall be made to the latter Court.

Rule - 277. Return of decree to the transmitting Court.

If, after a decree has been sent to another Court for execution, the decree-holder does not within six months from the date of the receipt of the decree by such transfer, apply for the execution thereof, the Court to which the decree has been sent shall certify the fact to the Court which passed the decree and shall return the decree to that Court.

Rule - 278. Application for execution.

An application in writing for execution shall be as in Form No. 51.

Rule - 279. Certified copy of the decree to be filed.

The decree holder shall, together with the first petition for execution or, for transmission of a decree, file in Court a certified copy of the decree sought to be executed, and shall not be required upon any subsequent application, to file a further copy of the same decree, unless the copy already filed has been sent to another Court under Order XXI, Rule 6 of the Code and has not been returned and application is made to the Court which passed the decree for concurrent execution.

Rule - 280. Defective petition.

A petition not complying with the provisions of the Code or of these rules or not claiming any substantial relief shall be returned for amendment or rejected.

Rule - 281. Notice of petition.

When the Court orders notice on a petition it shall fix a date for the hearing of the petition and the applicant shall within a period of 3 days or such other period as may be fixed by the Judge bring into Court the process fees prescribed for the issue of the notice. When on the day fixed for the hearing it is found that the notice has not been served by reason of the applicant having failed to pay the fees the Court may either dismiss the petition or give the applicant time for the payment of the fees adjourning the hearing of the petition to another date.

Rule - 282. Execution of decree against State.

Where the application for execution is of a decree against the State, the Court to which such application is made, shall ordinarily issue a notice to the Government Pleader and allow reasonable time for payment of the money or other satisfaction of the decree as prayed for.

Rule - 283. Cumulative relief.

If the execution petition prays for assistance of the Court in more than one mode, the Court shall issue appropriate processes one after another or simultaneously and the execution petition shall not be deemed to be finally disposed of until all the steps prayed for are exhausted or the petition is dismissed on the merits or for default of the decree holder.

Rule - 284. Application by one of joint decree holders.

(1)     Where an application is made by one or more of several joint decree holders, unless a written authority signed by the other decree holders enabling the applicant or applicants themselves to execute the decree and to receive or realise any money or property to be recovered under the decree, is filed in Court, the Court shall give notice of the application to the other decree holders before allowing execution.

(2)     Every such application shall state the names and addresses for service of the decree holders who have not joined the execution petition, and, if any of them is not alive, the names and addresses of their legal representatives and the reasons, if any, why the application is not made jointly by all the decree holders.

Rule - 285. Determination of questions arising in execution.

All questions falling within Section 47 of the Code shall be heard and determined after recording all evidence oral and documentary, in the same manner as in a suit and the Court shall also record its judgment and draw up its order in like manner.

Rule - 286. Oral application for execution under Order XXI, Rule 11(1) of the Code.

When an oral application for the arrest of the judgment debtor is made under Order XXI, Rule 11(1), the fact shall be recorded by the Court in its proceedings as soon as the arrest is made. The total amount due under the decree including costs shall be ordered to be ascertained by the office at once and the decree holder shall deposit the requisite process fee and subsistence money for arrest. Thereupon a formal warrant of arrest for the realisation of the said amount shall be prepared and served on the debtor immediately.

Rule - 287. Oral application for relief.

At the hearing or any adjourned hearing of an execution petition, the decree holder may apply orally for any relief prayed for by the petition, and any other party may, upon giving three days' notice in writing to the opposite party, make any application with respect thereto.

Rule - 288. Application in pending execution petition.

If it is necessary to make an application in connection with a pending execution petition otherwise than at the hearing or any adjourned hearing thereof, the application shall be headed with the cause title of the suit and the serial number of the execution petition.

B. ARREST AND DETENTION

Rule - 289. Arrest of Government servants.

(1)     When an application is for the execution of a decree for money by the arrest and detention of the judgment-debtor, the decree holder shall state in his application whether the judgment debtor to be arrested is a Government servant or not, and if a Government servant, the office wherein he is employed, his official designation, and the designation of his official superior.

(2)     Before issuing the warrant of arrest to any debtor, the Court shall ascertain whether he comes within any notification issued under Section 55(2) of the Code and if so, follow such procedure in the matter of arrest as may be prescribed by the Government in this behalf.

(3)     When issuing a warrant for the arrest of a public servant, notice in writing of the intended arrest shall be sent by the Court to the immediate official superior of the person to be arrested. The notice shall be delivered to the official superior, before the warrant is executed, by the process server to whom the warrant is entrusted for execution, unless it appears to the Court that the delivery of the notice is likely to delay the execution of the warrant unduly, in which case the notice shall be despatched to the official superior, before the warrant is handed over to the process server, by post or by such other means as appears proper to the Court.

Rule - 290. Subsistence allowance.

Where no scales of monthly allowance have been fixed under Section 57 of the Code, such allowance shall be fixed by the Court subject to a minimum of [33][Rs. 10] per diem. The subsistence allowance may be increased by the Court on medical or special grounds to be recorded in each case and the order directing any such increased allowance, may, from time to time, be cancelled or modified.

Rule - 290A. [Allowances for Mohasel Custody.

The Court may fix for payment to the officer of the Court in whose custody the judgment debtor is committed, such amounts by way of travelling allowance and other incidental expenses as are necessary, having regard to the distance, nature and duration of such custody.][34]

Rule - 291. Subsistence allowance for imprisonment for several decrees.

Subsistence allowance shall be collected only in one case where a debtor is imprisoned in execution of several decrees against him.

Rule - 292. Tender of subsistence money by peon.

The subsistence money paid to the Court by the decree holder under Order XXI, Rule 39(1) shall be entrusted to the process server when warrant of arrest is issued and he shall tender the same to the debtor as soon as the arrest is made. The payment shall be acknowledged by the debtor on the back of the warrant. If the arrest is not made or if the judgment debtor declines to receive the sum tendered, the process server shall return the amount to the Court with an endorsement to that effect on the back of the warrant. Such unexpended amounts shall be refunded to the decree holder if he does not desire the arrest to be made.

Rule - 293. Notification of return of warrant.

When a warrant of arrest is returned unexecuted, the fact shall be notified in the notice board of the Court and a fresh warrant may issue on the decree holder paying the necessary process fee provided there is sufficient time before the date of hearing for execution of the warrant.

Rule - 294. Report when judgment-debtor is ill.

Whenever a person who has been arrested under a warrant appears to be too ill to be removed from his residence or other place where he may be after his arrest and before he is brought to Court, the officer who has arrested such a person shall, [35][at the expense of the decree holder], forthwith send a report to the Court [36][through the decree holder or any other messenger] and shall remain with the prisoner and retain him in his custody until the order of the Court is obtained under Section 59(2) of the Code:

[37][Provided that, if the Decree holder or his agent is not present or being present does not carry the report or advance the expenses for sending the messenger, the Officer may release the prisoner and report the matter forthwith to the Court].

Rule - 295. Medical examination of debtor.

(1)     The Court may also at the instance of the decree holder and at his expense cause the debtor to be examined by a competent medical officer, and, if satisfied that the debtor is physically in a condition to be brought to Court, shall order accordingly.

(2)     The costs of such medical examination and the conveyance charges, if any, incurred for taking the debtor to Court shall be part of execution costs and shall be realised as such.

Rule - 296. Arrest of debtor in custody.

(1)     A judgment-debtor while in custody under arrest in execution of one decree can be arrested for the execution of another decree.

(2)     When the arrest of the judgment-debtor is made by different Courts, the debtor, having been dealt with by the Court that arrested him first, shall be surrendered to the other Court.

Rule - 297. Release of judgment-debtor.

Subject to the provisions of Order XXI, Rule 40(6) of the Code, the presiding officer of every Court, shall, during his temporary absence, authorise some competent officer of the Court to release persons arrested, where no detention batta is paid and where batta is paid, detain them in the custody of an officer of the Court for a period not exceeding 10 days in the aggregate.

Rule - 298. Warrant to whom to be directed.

The warrant of commitment shall be directed to the officer-in-charge of the Civil Jail at the headquarters of the district in which the Court is situate or of such jail as is specified in relation to the Court from time to time.

Rule - 299. Medical examination of sick debtor.

If before committing the debtor to jail the Court thinks it necessary that the debtor should be medically examined for the purpose of testing his physical fitness, it shall order such amount as may be required therefor to be deposited either by the judgment debtor or decree holder, and, in the latter case, shall allow him the amount so deposited as part of the execution costs. If the decree holder does not deposit the amount so required by the Court the debtor shall be released from custody.

Rule - 300. Payments to be made by creditor when debtor committed to jail.

(1)     Before committing a debtor to jail, the Court shall cause the decree holder to make the following payments:-

(a)      the travelling allowance of the process peon escorting the judgment debtor according to the rules applicable to Government servant of their class;

(b)      subsistence money for such portion of the current month as remains unexpired, calculated from the date of commitment;

(c)      [38][Rs. 50] on account of bedding charges; and

(d)      such other sum as may be fixed by the Court for the conveyance of the debtor from the Court house to the prison and his travelling expenses from the prison to his residence after his release.

(2)     The subsistence allowance for the unexpired portion of the month and the bedding charges and the travelling expenses for the return of the debtor shall be forwarded to the officer-in-charge of the jail along with the warrant of commitment.

(3)     The monthly subsistence allowance required to be supplied under Order XXI, Rule 39(3) shall be paid by the decree holder in advance to the officer-in-charge of the jail or remitted to him by money order.

(4)     The amount due on the date of the decree and the interest and costs of execution incurred subsequent to the decree shall be separately shown in the warrant of commitment.

Rule - 301. Release of debtor on payment.

A debtor committed to jail is entitled to immediate release on payment of the decree debt mentioned in the warrant of commitment. When the payment is received by the officer-in-charge of the jail, he shall send the amount to the Court and return the warrant of commitment with the fact of payment endorsed thereon.

Rule - 302. Unexpended amount to be returned to Court.

Along with the return of the warrant of commitment, the officer-in-charge of the jail shall also send to the Court the unexpended portion, if any, of the amounts received by him for subsistence allowance etc., and the decree holder shall be entitled to receive the same from the Court.

Rule - 303. Debtor to be paid expenses for journey on release.

On release, the debtor shall be entitled to receive from the officer in charge of the jail, the expenses of his journey to his house from the prison.

Rule - 304. Information to be given to superior officer when public servant imprisoned.

When a public servant is arrested and imprisoned for a decree debt, the dates of his arrest and discharge should be intimated to his official superior by the Court.

Rule - 305. Release of sick debtor by officer-in-charge of jail.

(1)     If on the report of a medical officer or otherwise, the officer-in-charge of a jail is satisfied that any debtor is in such a bad state of health that he cannot undergo further detention without endangering his life or without detriment to the health of the other inmates and that it is necessary to take action before an order of the Court can be obtained, he may forthwith release the debtor and intimate the fact to the Court.

(2)     Such release shall not, however, discharge the judgment debtor from liability to re-arrest in execution of the same decree, but the period of his detention shall not in the aggregate exceed that prescribed by Section 58(1) or Order XXXVIII, Rule 4 of the Code as the case may be.

C. ATTACHMENT AND SALE

Rule - 306. List of property for attachment.

(1)     In every application for execution of a decree by attachment or by attachment and sale of property, a list shall be appended at the foot of the application or be filed along with the application.

(2)     The list shall contain in serial order the items and nature of the property required to be attached and shall show in whose possession or custody the same happens to be and the estimated value of each item.

(3)     Immovable property shall be described with the particulars and in the manner required in the case of plaints and the interest of the Judgment debtor in the property shall be stated.

Rule - 307. Copies of list to be furnished.

Along with the deposit of process fee for effecting attachment, the decree holder shall produce as many copies of the list as are required for service of the order of attachment on the debtor or any other person concerned and also for the purpose of affixing the warrant of attachment in the places referred to in Order XXI of the Code.

Rule - 308. Deposit of cost of removal and other charges.

(1)     Every person applying to the Court to attach movable property (other than cash, Government or other securities, jewels, or other valuable articles of small bulk which may conveniently be taken physical possession of by the Amin), shall in addition to the process fee fixed by the rules, deposit such reasonable sum as the chief ministerial officer of each Court may, subject to the directions of the Presiding Judge, fix for the cost of its removal to the Court house and for its safe custody; and if such property is livestock, for its maintenance for not less than seven days at the rates fixed in sub-rule (2). If such deposit is not made the attachment shall not issue.

(2)     The expenses for custody, preservation and maintenance shall not be less than the following:

(3)     The unexpended portion of the amounts so deposited shall be refunded to the decree holder.

Rule - 309. Sale of attached movable property at the spot.

(1)     When the property attached is kept in the village or place where it was at the time of attachment and it cannot be conveniently removed to the Court or is of a perishable nature or the expenses of keeping it may exceed its value, the Court shall, on the report of the officer making the attachment, order its sale at the spot after due notice to the parties or their pleaders.

(2)     Such sale shall be conducted by such officer as the Court may depute and the highest bid and the name of the person making the same, along with the sale price, shall be submitted to the Court for its orders.

(3)     On confirmation of the sale by the Court the property shall be delivered to the purchaser at the spot on his receipt.

Rule - 310. Payment of additional charges.

The Court may, at any time during the pendency of an attachment, direct the decree-holder to pay into Court, within a time to be prescribed, such additional sum as may be necessary to provide for the maintenance of livestock or for the cost of the removal of the property from one place to another or for safe custody.

Rule - 311. Breaking open of door and subsequent procedure.

(1)     Subject to the provisions of Section 62 of the Code a warrant of attachment is a sufficient authority to the Amin to break open the door of a building or a room in which he believes the property to be attached is concealed or secured. But he should do so only in the presence of respectable witnesses.

(2)     The Amin shall prepare an accurate inventory of all articles found in the building or room broken open and get the inventory attested by the witnesses present.

(3)     He shall prepare a separate list of the articles attached and the same shall also be attested by the witnesses present.

(4)     The building or room with the articles not attached shall then be relocked and sealed by he Amin who shall produce the key in Court along with the inventory. The key shall be handed over to the Judgment-debtor on his application.

Rule - 312. Withdrawal of attachment of movables.

(1)     If owing to any default of the person at whose instance movable property is attached, it is not found possible to bring it to sale within such time as the Court considers reasonable, the Court may at once withdraw the attachment and direct the return of the property to the party from whom it was originally seized and charge the defaulting person with the cost of attachment etc., including the fee the leviable on the process for releasing the property from attachment and for the notice hereinafter mentioned.

(2)     The Court shall give notice to the party from whom the property was taken in attachment, calling upon him, within the time fixed, to pay any amount that may be due to the Court in respect of the custody, up-keep and release of such property and to receive possession of the same.

(3)     On his default to appear and pay such amount and receive the property, it shall be lawful for the Court to sell the property, and deduct out of the sale proceeds the amount due to the Court and hold the balance in deposit for the benefit of the person from whom the property was seized.

(4)     The judgment debtor shall be entitled to set off the amount collected under this rule against any amount that may be due to the decree-holder under the decree, or claim the return of such balance of the amount paid by him or collected by the sale of the property, as may be in excess of the decree debt.

Rule - 313. Attachment of restricted goods.

In cases where the storing, custody, sale or disposal of the property attached is restricted by law the Court shall give information of the attachment to the appropriate authority and give such directions as are necessary and proper for the disposal of the property and payment into Court of the proceeds, if any.

Rule - 314. Attachment of property in Court.

If the property sought to be attached is deposited in or is in the custody of the Court to which the execution petition is presented and stands to the credit of a suit or matter other than the suit or matter in which the petition is made, and an order for attachment is passed, the decree holder shall, during the continuance of the attachment, present to the Court an application entitled in the suit or matter to the credit of which the property stands, and praying if the property is money, that a sufficient part of the amount due to the judgment-debtor may be paid to the credit of the suit in which the order of attachment was made, or in the case of property other than money that a sufficient part thereof may be realised and the amount due to the judgment debtor may be paid as aforesaid. The Court shall then proceed as if the decree holder was an assignee of the judgment debtor to the extent of the amount due to the former, provided that notice under Order XXI, Rule 22 of the Code shall not be necessary to any party, unless the Court orders otherwise.

Rule - 315. Attachment of property in Court other than the Court executing decree.

Where the property sought to be attached is deposited in or is in the custody of a Court other than the Court executing the decree, the execution petition shall contain a prayer that, after attachment, the decree may be transmitted to the former Court for execution, and if an order for attachment is made, the decree shall be transmitted accordingly. The decree-holder shall then apply to the former Court as required by Order XXI, Rule 11. If such application is not made during the continuance of the attachment or if the same is refused, the Court shall retransmit the decree to the Court which passed it with a certificate stating whether any and what proceedings have been taken in the former Court.

Rule - 316. Attachment of property in custody of public officer.

If the property sought to be attached is in the custody of a public officer, the execution petition shall ask that the property be brought into Court and realised; and the notice of attachment shall request that the money or property be brought into Court, or that such officer will state whether he has any and what objection to so doing. If any objection is raised by such officer the same shall be decided by the Court after hearing.

Rule - 317. Attachment of chitty or kuri securities.

If the property sought to be attached is a security furnished by the foreman of a Kuri or Chitty in favour of the Sub-Registrar or other officer, as required by the chitty laws, attachment shall not be ordered without giving due notice to the Sub-Registrar or other officer.

Rule - 318. Attachment of decree.

An application for the attachment of a decree shall also pray that the applicant be at liberty to apply for execution thereof. If an order for attachment is made, it may be as in Form No. 52 or 53 and the application shall be adjourned to a fixed day for the applicant to apply to the Court or if the decree attached is that of another Court, to that Court, for execution of the attached decree, and notice may, if the Court thinks fit, be given to the holder of the decree. The application shall be made by execution petition, entitled in the suit or matter in which the attached decree was made, and shall be accompanied by certified copies of the order of attachment, and of the decree sought to be executed provided that, if the attached decree is the decree of another Court, the applicant shall also pray for the transmission of the decree sought to be executed to that Court and the Court may transmit the same accordingly together with a notice in Form No. 54. The applicant may then apply to the former Court by an execution petition entitled in the suit or matter in which the attached decree was made for execution of its decree.

Rule - 319. Certain decrees not to be sold in execution.

No decree of the nature specified in sub-rule (1) of Rule 53 of Order XXI of the Code shall be ordered to be sold in execution of another decree.

Rule - 320. Attachment of decree by several decree holders.

If a decree is attached by more than one decree-holder, liberty to execute the same shall be given to the decree-holder whose attachment is first in date, and the Court shall direct any money or property recovered by the said decree-holder to be brought into Court for rateable distribution; provided that if the decree-holder to whom liberty is given as aforesaid, does not show due diligence in executing the attached decree, or for any other sufficient cause, the Court may give to any other decree-holder liberty to executed the attached decree in place of the former decree-holder.

Rule - 321. Attachment of salary.

The warrant of attachment of salary shall be transmitted in a sealed cover, registered when sent by post, to be disbursing officer or such other officer whose duty it is to instruct the disbursing authority.

Rule - 322. Returning warrant unexecuted.

When a warrant of attachment is returned by reason of the attachable portion of the salary or allowance being withheld and remitted to a Court in pursuance to a previous and unsatisfied order of attachment, the officer served with the order of attachment shall also send a statement showing the following particulars:-

(1)     Number and year of suit for which the recovery is made.

(2)     Name of the decree-holder.

(3)     Salary or allowance of the Judgment-debtor.

(4)     Proportion attached.

(5)     Amount recovered to the credit of the decree.

(6)     Total decree amount to be realised; and

(7)     Other relevant particulars.

Rule - 323. Posting of execution petition for further steps.

After transmitting the order of attachment of salary or allowances the execution petition shall be posted to a near date to ascertain the steps taken by the head of the office receiving such order and for the decree-holder to proceed with the execution.

CLAIMS TO ATTACHED PROPERTY

Rule - 324. Claims to attached property.

An application by a claimant or objector under Order XXI, Rule 58 of the Code shall be made by a verified petition entitled in the execution petition under which the property in question has been attached and shall set forth the particulars of the claim in the manner prescribed for the plaint in a suit as in Form No. 55.

Rule - 325. Procedure on admission of application.

If the application is admitted the claimant or objector shall, within 3 days thereafter bring into Court the prescribed fees for service of notice on the attaching creditor and the judgment-debtor and the same shall be served in the manner prescribed for service of summons on a defendant to a suit.

Rule - 326. Hearing of application.

The application shall ordinarily be decided on the affidavit and the documents produced by the parties.

REALISATION OF ATTACHED PROPERTY

Rule - 327. Realisation of attached debts by appointment of Receiver.

(1)     Unless it appears to the Court that, from the smallness of the amount of the debt attached or otherwise, the appointment of a Receiver to collect the same would be worthless or vexatious, no debt or right to any periodical payment shall be realised by sale, but by appointing a Receiver.

(2)     If a Receiver is appointed, he shall, empowered to sue in the name of the judgment-debtor and to grant receipts for any money or property recovered by him.

Rule - 328. Realisation of property attached by seizure.

When an attachment of property is made by actual seizure, if within one month from the date of the attachment, the property has not been sold or the attachment, has not been removed, the Court shall, of its own motion, direct the property to be sold by an officer of the Court, and the proceeds of the sale after payment of the expenses thereof and the prescribed fees, shall be brought into Court to the credit of the suit or matter in which the attachment was made.

Rule - 329. Application for sale of attached property.

(1)     The decree-holder may apply at the adjourned hearing of the execution petition or at any other time by written application in Form No. 56 for the sale of any attached property. Along with the application he shall produce a proclamation of sale to be settled and approved by the Court, as in Form No. 57 or 58 as the case may be.

(2)     The application for sale may also pray that the decree-holder be given liberty to bid at the sale and for the appointment of any fit person other than an officer of the Court for conducting the sale.

Rule - 330. Affidavits and certificates to accompany application.

The decree-holder shall together with his application for sale, file in Court an affidavit or affidavits by himself or some other person acquainted with the property giving the particulars prescribed by Order XXI, Rule 66 of the Code, the interest of the judgment-debtor in the attached property, and whether any person other than the judgment-debtor has any, and, if so, what interest therein and also stating what, in his opinion, is the best time and place of sale and method of advertising the sale, and the lots, if any, into which the property should be divided and the market value of each lot as to the fitness of the persons other than an officer of the Court proposed for the conduct of the sale and what remuneration would be reasonable for his work, as in Form No. 59. The affidavit shall state the encumbrances to which the property is subject and where the amount for the realisation of which the sale is held exceeds Rs. 500/- shall be accompanied by an encumbrance certificate covering a period of 12 years prior to the date of the attachment.

Rule - 331. Affidavit for leave to bid.

When the application for sale contains a prayer for leave to bid at the sale under Order XXI, Rules 72(1) the application shall also be supported by an affidavit setting forth the facts justifying the grant of leave.

Rule - 332. Application for sale of immovable property in general.

The provisions contained in Rules 329, 330 and 331 shall, as far as may be, apply to sale of immovable property where the decree directs the sale of the property.

Rule - 333. Notice to judgment-debtor.

If the application is in accordance with the Code and these rules, the Court shall order notice of the application to the judgment-debtor and other parties interested and fix a day for the hearing of the application.

Rule - 334. Settlement of proclamation.

At the adjourned date the Court shall admit all such evidence as the parties shall be able to produce and after hearing them, shall settle the proclamation of sale, determining the lots, if any, in which the property shall be sold, the market value of the each lot, the manner for advertising the sale and the probable expenses thereof.

Rule - 335. Condition as to minimum amount of bid.

The Court may also permit the decree-holder to bid at the sale with or without conditions attached as to the minimum amount for which he shall bid or otherwise.

Rule - 336. Appointment of person other than an officer of Court to conduct sale.

The Court may for sufficient reason appoint a fit person, other than an officer of the Court, to sell any property and may fix, as his remuneration, a sum certain or a percentage on the net sale proceeds. Such remuneration shall include all personal and travelling expenses, but not the expenses of the sale.

Rule - 337. Order for sale.

(1)     The proclamation of sale when settled shall be signed by the Judge and an order for sale fixing the date, place and time of sale shall then be made. When the property to be sold is immovable property, the order for sale shall also state the date when the sale will come up before the Court for confirmation.

(2)     Within a week after the order for sale has been made, the decree-holder shall pay into Court the estimated expenses of the sale, if any, and the prescribed fees for the proclamation and warrant of sale together with such number of copies of the proclamation of sale as are required under the Code for affixture and return.

(3)     In case of default by the decree-holder, the Court may adjourn the date of sale or may dismiss the execution petition.

Rule - 338. Sale of livestock etc.

Unless the Court otherwise orders, all sales of livestock, agricultural produce, articles of local manufacture and other things commonly sold at country markets which have not been brought to Court shall be held at such markets in the neighbourhood of the place where the goods were attached. The sale shall be advertised in the market place two days before the auction.

Rule - 339. When movable property is in custody of Nazir or Curator.

If any movable property is in the custody of an officer of the Court and it appears to the Court that an immediate sale is necessary, the Court may authorise him to sell the same by public auction and may given such directions as to the date and place of sale and the manner of publishing the same, as the circumstances of the particular case admit.

Rule - 339A. [Sale of unclaimed properties.

(1)     When any movable property which comes into the custody of a Court in the course of any suit or proceeding is found liable to be returned, the Court shall pass an order in that behalf and shall, by a notice, call upon the persons entitled to its return, to appear and take delivery of the property, within a time to be specified therein.

(2)     If, within the time specified in the notice, under sub-rule (1) the property is not taken delivery of by the person concerned [39][a public notice shall be made in the Court notice board and if found necessary by publication in such other manner as the Court may direct having regard to the nature of the case] stating that the property will be sold in public auction on a date to be stated therein, and the sale proceeds, less the incidental expenses incurred, if any, will be held in deposit for the owner.

(3)     If the person entitled, appears and claims the property before the date for sale fixed in the notification under sub-rule (2), the property shall be returned to him on payment into Court by him of the incidental expenses incurred, if any.

(4)     (a) If in any case the person entitled to the return of the property is not known to the Court, and has to be ascertained, [40][a public notice shall be made in the Court notice board and if found necessary by publication in such other manner as the Court may direct having regard to the nature and value of the property] specifying the article and stating relevant particulars and requiring any person who may have claim thereto to appear before the Court and make his claim within three months from the date of such notification or within such time as the Court may deem fit to fix.

(b) If any person appears within the period mentioned in clause (a) or within such time as may be fixed by the Court under the said clause and establishes his claim, the property shall be delivered to him subject to the condition as to payment to be made in sub-rule (3).

(c) If no person appears within such period or if any person appears and claims within such period but fails to establish his claim the property shall be sold in public auction and the proceeds be held in deposit for the benefit of the owner.

(5)     If the property is subject to speedy and natural decay and the delivery thereof cannot immediately be made, the Court may, at any time, direct the same to be sold, in which case the net proceeds shall stand to the credit of the person entitled to the property sold.

(6)     This rule is subject to the rules relating to delivery of possession of house or other buildings locked up which will apply wherever necessary.][41]

Rule - 340. Properties to be sold separately.

When several properties are proclaimed for sale they shall be sold separately unless the Court has reason to think that selling them in one lot will be more beneficial to the judgment-debtor.

Rule - 341. Commencement and closing of auction.

All Courts sales shall commence at 1.45 p.m. and the sale of any lots not completed before 3.15 p.m. shall be adjourned to 1.45 p.m. on the next Court day.

Rule - 342. Declaration of purchaser.

(1)     The highest bidder in the auction shall, subject to the provision in Order XXI, Rule 88 of the Code, be declared to be the purchaser and the sale price and the name of the purchaser shall be noted by the Judge in the sale warrant under his signature.

(2)     The said purchaser shall acknowledge his purchase by subscribing to a sale memorandum briefly reciting the property sold, the sale price, and the full name and description of the purchaser.

(3)     No Court shall allow a person to bid for another except under special authority from him.

Rule - 343. Conduct of sale.

(1)     The person appointed to sell the property shall conduct the sale in the manner prescribed by the Code for the sale of attached property.

(2)     Upon the completion of the sale, he shall file in Court a report as in Form No. 60.

Rule - 344. Application to set aside sale.

(1)     In the case of any application under Order XXI, Rules 89, 90, 91 of the Code to set aside a sale, the applicant shall, if the application is under Order XXI Rules 89 or 90 give the purchaser and the parties to the suit or matter, or, if the application is under Order XXI, Rule 91, give to the parties to the suit or matter, not less than five days' notice in writing of the application setting forth his objections to the sale or the confirmation thereof. If no such notice or insufficient notice is given, the Court may adjourn the hearing, and order the person in default to pay to the other parties their cost of the adjournment or may dispose of the application forthwith. If no application to set aside the sale is made or if such application is made and disallowed, the Court shall make an order confirming the sale. If under Order XXI, Rule 81 of the Code, a vesting order is required, the order shall also direct that the property sold shall vest in the purchaser.

(2)     If the sale is set aside under Order XXI, Rule 89 of the Code, the Court may make an order for payment by the judgment-debtor of any costs or interest, not covered by the proclamation of sale.

(3)     If the sale is set aside under Order XXI, Rule 90 of the Code, the Court shall determine whether any and what party is responsible therefor, and may order such party to pay the costs and expenses of the sale, and make an order that any other party entitled to have the property sold may have the conduct of the sale and may also make an order for the resale of the property.

Rule - 345. Contents of sale certificate.

Among other particulars, the sale certificate shall contain the name of the Court, the number and year of the suit or matter, the names of the parties, the date of sale and the date of confirmation, the sale price, the name of the certified purchaser and the date on which the sale certificate was granted, and also the property sold with all particulars as to the extent and nature of the interest sold, the Registration District, Taluk, Village, Survey Number and sub-division number and the boundaries of the property.

Rule - 346. Copies of certificates to be sent to registering officers.

(1)     Copies of sale certificates shall be transmitted to the registering officer or officers within the limits of whose jurisdiction the property comprised in such certificate is situate.

(2)     Where a court-sale is set aside, after the transmission of the copy as aforesaid, the Court shall communicate a copy of the said order or if there has been any appeal or revision, the appellate or revisional, order as the case may be, to the registering officer or officers to whom the copy of the sale certificate has been transmitted.

D. DELIVERY OF PROPERTY TO DECREE-HOLDER OR AUCTION PURCHASER

Rule - 347. Delivery to purchaser or decree-holder.

Where under a decree or in pursuance of a sale certificate, any person is entitled to be put in possession of any property, he may apply for the same and on payment of the requisite process fee the Court shall order the issue of a warrant for delivery of such property, unless it thinks it fit to issue notice to any person interested in opposing the same.

Rule - 348. Deposit of cost of seed and labour.

(1)     If, at the time of effecting delivery, crops are found on the property not ripe for immediate harvest, the officer executing the warrant shall, before effecting delivery, realise from the person seeking delivery the cost of seed and labour required to raise the crops-the cost of labour being not less than twice the cost of the seed-and produce in Court the amount so realised, along with the return of the delivery warrant.

(2)     The sums so realised shall be paid over to such person who shall be found to have raised the crops.

(3)     If any dispute arises as to the sufficiency of the amount realised by such officer for cost of seed and labour, the matter shall be enquired into and decided by the Court, and, pending enquiry, the Court may order the person to whom the crops were delivered not to harvest the crops without the leave of the Court or to deposit in Court any further amount as may be adjudged.

Rule - 349. Delivery of house or building locked up.

(1)     When a house or building ordered to be delivered is locked up and the person in charge of the same cannot be found, or refuses to open the same, the Court may empower the Amin to break open the lock and execute the warrant for delivery.

(2)     If any articles are found in the house at the time of delivery the Amin shall prepare an inventory of the same in the presence of two respectable witnesses whose attestation shall be taken and take the articles to the Court. Any sum required for the purpose shall be paid at the spot by the person to be put in possession to the Amin before delivery is effected and he shall be entitled to realise the same from the judgment-debtor before the articles are released to the latter by the Court.

(3)     If the sum is not paid as aforesaid to the Amin, he shall re-lock and seal the house or building, and produce the key in Court with his report.

E. EXECUTION OF DEED BY COURT

Rule - 350. Decree-holder to bring into Court the draft and fees for service of notice.

The decree-holder shall, together with the draft mentioned in Order XXI, Rule 34(1) of the Code, bring into Court a duplicate thereof and two copies of a notice in Form No. 61 and the prescribed court-fee stamp for service thereof. One of the said copies shall be annexed to the draft and shall be served on the person directed to execute the document in the manner prescribed for service of summons on a defendant to a suit.

Rule - 351. Form of deed and of endorsement of negotiable instruments.

In the case of a deed, the concluding portion shall be in Form No. 62 and in the case of a negotiable instrument the endorsement shall be in Form No. 63 and the Judge shall sign in the name of the party directed to execute the document, and also in his own name as in the said forms, and shall affix the seal of the Court thereto.

F. PAYMENT AND SATISFACTION

Rule - 352. Amount realised in execution to be paid into Court.

Except when payment is made to the decree-holder under Rule 357, all moneys recovered by an officer of the Court or received by any person conducting a sale shall be paid into Court in the manner prescribed below for payment of moneys into Court and the payment shall be endorsed on the lodgment schedule. Notice of the payment shall be posted on the notice board of the Court.

Rule - 353. Payment into Court in satisfaction of decree.

Except when payment is made to the decree-holder under Rule 357 a person paying money or bringing property into Court in satisfaction of a decree shall give notice of such payment or deposit to the decree-holder.

Rule - 354. Application to certify payment or adjustment.

An application under Order XXI, Rule 2 of the Code shall be by petition; or, if an execution petition is then pending, by an application made in the said petition.

G. PAYMENT INTO AND OUT OF COURT

(a) PAYMENT INTO COURT

Rule - 355. Lodgment schedule.

(1)     A person desirous of paying money into Court, hereinafter called the payer, shall file a lodgment schedule as in Form No. 64. An order for lodgment and counterfoil receipt stating the date of issue, and bearing the serial number shall then be issued to the payer by the Court as in Form No. 65.

(2)     The payer shall deliver the money and the order and counterfoil receipt to the Treasury Officer mentioned therein, who will retain the order and return the receipt duly signed and dated to the payer. The latter shall return the said receipt to the Court within a week of the remittance.

(3)     No lodgment shall be presented before the Treasury Officer after the expiry of 14 days from the date of issue.

Rule - 356. Cash payment for special reasons.

For special reasons the money may, with leave of the Judge, be paid to the chief ministerial officer of the Court and the payment shall forthwith be entered in the cash book. In such cases, the lodgment schedule shall be endorsed with a receipt to be signed by the Judge, and the amount shall, on the next day on which the treasury is open, be sent together with an order and counterfoil receipt by the chief ministerial officer of the Court to the Treasury Officer who will return the said receipt to the Court.

Rule - 357. Cash payment.

If the person entitled to immediate receipt of the amount or his duly authorised agent is present with the payer in Court, the money may, with the leave of the Judge, be paid at once to the person so entitled or the said agent. In such cases, an order for payment of the money to the person so entitled shall be passed by the Judge on the lodgment schedule and the said amount shall be disbursed to him on his executing a receipt therefor and satisfaction protanto of the decree or order, if any, in pursuance of which the money is paid, shall be entered. A receipt signed by the Judge shall also be issued to the payer and the transaction entered in the cash book.

Rule - 358. Amounts received by money order or messenger.

(1)     All moneys received by Courts either by Money Order or by messenger should be received by the Judge and the acknowledgement signed by him. District Judges may, however, if they think fit, authorise their Chief ministerial officers to sign acknowledgements, "By Order" and receive payment on their behalf. The presiding officers of other Court may likewise authorise their chief ministerial officer when they are likely to be absent from the station for any considerable period. Temporary authorisations, issued for a period of absence, should be revoked as soon as the Judge returns to the station.

(2)     The above receipts shall be entered in Civil Register No. 73.

(b) PAYMENT OUT OF COURT

Rule - 359. Payment to be made on-order of Judge.

Except as provided by Rules 357 and 368 payment of money out of Court shall be made only upon the order of the Judge, made at the hearing of a suit, appeal or matter or upon a cheque application, supported by affidavit showing how the applicant is entitled to receive payment.

Rule - 360. Order for payment.

The order may be for payment to the applicant or his duly authorised agent; provided that payment shall not be directed to be made to the pleader of the applicant unless his vakkalath contains an express authority for this purpose, and if such payment is directed the full name of the pleader shall be inserted in the order of the Judge.

Rule - 361. Payment Schedule.

A person desirous of obtaining payment of money out of Court, hereinafter called the payee, shall file a payment schedule as in Form No. 66 and also a receipt for the said amount, signed by the payee as in Form No. 67. If the payee is the agent of the person entitled to receive the money he shall also file the power of attorney duly stamped authorising him to receive payment. A cheque under the seal of the Court (order for payment and counterfoil receipt) as in Form No. 68 shall be issued to the payee.

Rule - 362. Presentation of Order.

The order shall be presented for payment within the account month in which it is issued, and if not presented within the period shall be returned to the Court and may after being re-dated and initialled by the Judge, be re-issued to the payee.

Rule - 363. Order not to be issued after 25th of the month.

Except in cases of urgency, no order for payment of money out of Court shall be issued after the 25th day of the month.

H. DELIVERY OF SECURITIES AM) OTHER VALUABLES INTO AND OUT OF COURT

Rule - 364. Delivery of securities, jewellery or other valuables into and out of Court.

The foregoing rules shall apply to the delivery of securities, jewellery or other valuables into and out of Court, with the following modifications:

(1)     Government promissory notes and other negotiable securities, shall be endorsed the Judge/Munsiff of the Court of..........................."

(2)     When jewellery or other valuables are to be brought into Court, three copies of a descriptive list thereof shall be presented with the lodgment schedule and shall be checked and signed by the chief ministerial officer of the Court in the presence of the depositor. The jewellery or other valuables together with one of the copies of the said list shall be placed in a box furnished with a lock and key, to be provided by the depositor. The box shall then be locked and sealed and forwarded by the Court to the bank or treasury and the key shall be retained by the Judge. Another copy of the said list shall be returned to the depositor; and on receipt of the acknowledgement of the bank or treasury the third copy signed by the Judge shall be given to the depositor in exchange for the copy already given to him and the said copy shall be filed with the records of the case.

Rule - 365. Safe custody charges.

The Court may call upon the party, at whose instance the deposit is made, to pay into Court, such sum of money as may be necessary to meet the safe custody charges payable to the bank or treasury in the first instance or from time to time. In default of payment the Court may refuse to make the deposit in the bank or treasury or withdraw the property from the bank or treasury or may pass such order as may be necessary for recovering any dues payable to the bank or treasury from the party liable to pay the same.

I. GENERAL

Rule - 366. Cases where payment may be made in cash to Court.

Notwithstanding anything contained in this Chapter moneys for any of the purposes hereunder mentioned may be paid in cash to the chief ministerial officer or other officer of the Court authorised by the Judge.

(1)     Service of summons in respect of which the fees cannot be paid in stamps;

(2)     Allowances to witnesses;

(3)     Commission fee not exceeding Rs. 10;

(4)     Money order commission;

(5)     Judgment-debtor's subsistence moneys;

(6)     Tom-tom charges;

(7)     Charges for conveyance of attached properties and for feeding attached livestock;

(8)     Postage and other charges for calling for records for references etc.;

(9)     [42][Fees levied for the grant of succession certificates, probate or letters of Administration];

(10)   Moneys paid for expenses of guardian additional item not exceeding Rs. 10;

(11)   Day costs;

(12)   Local inspection charges;

(13)   Registration expenses and amounts required for purchase of stamp paper;

(14)   Stamp duty and penalty;

(15)   Safe custody charges.

Rule - 367. Memo accompanying deposit.

The person making any such deposit as aforesaid shall present therewith a memo as in Form No. 69 and a receipt shall be granted to the depositor.

Rule - 368. Repayment of cash.

The repayment of any cash, which has not been expended for the purposes for which the same was deposited, shall be made upon acknowledgement signed by the party or pleader in the Cash Payment Register:

Provided that, if the amount so deposited or any unexpended portion thereof, has been sent by the Court to a bank or treasury, Rules 359 to 363 inclusive, shall apply to an application for repayment.

Rule - 368A. [Postponement of remittance to treasury.

Notwithstanding anything contained in these rules amounts paid into Court in cash which are required to be remitted to the treasury by the Court, such remittance may be postponed till the amount to be remitted accumulates to Rs. 25 if there is no treasury at the station where the Court is located.][43]

Rule - 369. Investment of Court deposit.

The Court may where early withdrawal of funds deposited in Court will not be necessary, direct that [44][such funds be invested in the State Bank of India or in any Subsidiary Bank of the State Bank of India or in any Nationalised Bank or in Government National Savings Certificates or in other Government securities] after notice to the parties concerned taking care to see that such investment does not entail loss to the estate or persons concerned.

CHAPTER IX MISCELLANEOUS

A. FORM OF SURETY BOND

Rule - 370. Form of surety bond.

(1)     A surety bond executed to Court shall contain the following:-

(1)     Name of the Court

(2)     Number and year of suit or proceeding

(3)     Cause-title

(4)     The full name and description of the surety

(5)     Short recital of the circumstances under which the order for security was made

(6)     A statement that he shall perform the conditions such as the doing of an act or delivery of a property or submission of any accounts or payment of any money undertaken in the bond whenever called upon by the Court, and on breach of the conditions, that the sum stated as penalty in the bond, may be realised from him by execution in the same manner as if it were a decree debt and in cases where any immovable or movable property is charged or pledged, a statement that they may be proceeded against by sale or attachment or otherwise, as if decree for the realisation of such charge had been made.

(2)     The bond shall be attested by two witnesses and shall be registered when registration is required.

(3)     The bond shall also be accompanied by an affidavit by the surety as to his financial position in life and other particulars in proof of his solvency and an undertaking to the effect that he will not alienate his properties to defeat or delay the realisation of his liabilities.

B. CANCELLATION OF COURT FEE

Rule - 371. Cancellation of stamps.

(1)     The record keeper of every Court shall, when the record is consigned to his custody, punch a second hole in each court-fee label with a wad cutter punch in a diamond form, in such manner as not to render if difficult to ascertain the value of the stamp.

(2)     When documents having court-fee labels affixed to them are returned to parties at any stage of a case before judgment, the court-fee labels should be punched a second time as stated in the foregoing rule.

Rule - 372. Register of court-fee stamps.

A register of court-fee stamps should be maintained in all Courts.

C. REFUND OF COURT FEES

Rule - 373. Procedure for refund.

(1)     When court fees are ordered to be refunded, a certificate shall be issued as in Form No. 70.

(2)     The fact of refund of court fee should be noted in red ink over the initials of the Judge in the plaint, written statement, appeal memorandum or the memorandum of cross objections, as the case may be and also in the Court-Fee Register, Suit or Appeal Register and the Register for Refund of Court-Fees.

Rule - 374. Intimation to the Treasury.

(1)     Every Court authorising refund of court-fee shall prepare intimation slips in triplicate as in Form No. 71. One copy shall be sent to the treasury concerned, another copy shall be attached to the refund bill and the third shall be retained in the Court. The treasury should make the payment only on receiving the intimation slip direct from the Court.

(2)     A list of the refund bills drawn during the month in respect of each Court containing details of the case number, name of payee, the amount drawn etc., shall be prepared by the treasury before the 5th of the succeeding month and sent to the Court concerned. The Court shall, on receipt of the list, check the same with its own registers, and, if correct certify the same accordingly and file it. Discrepancies, if any, noted should be taken up with the Treasury forthwith.

D. OATH AGREEMENT

Rule - 375. Commissioner's Fee for oath.

(1)     When parties agree to settle the suit or any part of it by oath, the Judge shall order the party bound under the agreement to deposit in Court the fee required for the Commissioner for administering the oath.

(2)     The Commissioner's fee for administering the oath shall be fixed by the Court in the absence of agreement between the parties.

Rule - 376. Endorsement regarding oath.

The fact as to whether the oath was taken or not should be endorsed on the order of the Court directing the administration of the oath and signed by the Commissioner.

E. LAND ACQUISITION REFERENCES

Rule - 377. Numbering of references and arraying of parties.

(1)     When a reference is made by the Collector under the Kerala Land Acquisition Act, 1961, the reference shall be accompanied by the records which form the basis of the reference. When such records are not sent up, the Judge shall call for the records from the Collector before issuing notice to the parties on the reference.

(2)     The reference shall be numbered as L.A.R. No./Year.

(3)     The following persons shall be shown as parties:-

(i)       Persons to whom notice is to be issued under Section 22 of the Act;

(ii)      A company or a local authority as the case may be where they may appear and adduce evidence under Section 55 of the Act; and

(iii)     Persons, who under Section 53 of the Act, claim that the land proposed to be taken form part of a house or building.

(4)     Where the Collector is made a party the designation of the officer functioning as the Collector shall be shown in brackets. The Collector shall not be made a party in references relating solely to apportionment.

(5)     The parties to a reference other than the Collector, a company and a local authority, shall be shown as claimants and designated Claimant A, Claimant B and so on. The Collector, the company and local authority shall be shown as respondents and designated Respondent A, Respondent B and so on.

Rule - 378. Service of notice and trial of references.

(1)     The service of notice shall be as provided in Section 49 of the Land Acquisition Act.

(2)     Subject to these rules, the procedure to be followed for the trial of a reference shall be that prescribed by the Code in respect of original suits.

(3)     The application before the Collector for reference shall be treated as the plaint, and the investigation shall be with reference to the claim made therein.

(4)     The claimants may, and, if so required by the Court, shall, at or before the first hearing or within such time as the Court may permit, present a written statement setting out their claim in full.

(5)     The Collector, the company and the local authority may, and if so required by the Court, shall, file a statement in reply.

(6)     The statement filed under sub-rules (4) and (5) shall, together with the application for a reference, constitute the pleadings in the case, and the rules in Order VII and VIII of the Code shall apply mutatis mutandis to such statements.

(7)     The provisions in Rule 69 of these rules shall apply to the examination of witnesses.

(8)     Exhibits admitted in evidence shall be marked as follows:-

(i)       If filed by a claimant, as Ext. A1, Ext. A2, etc., Ext. B1, Ext. B2, etc., according to the array of the claimants exhibiting the document;

(ii)      If filed by the respondents, as Ext. R-1, R-2, etc.

(iii)     If Court exhibits, as Ext. X1, Ext. X2, etc.

[45][(iv) If filed by a third party, as Ext. T1, Ext. T2, etc.]

(9)     The witnesses examined by the claimants shall be numbered A.W. 1, A.W. 2, etc., B.W. 1, B.W. 2, etc., according to the array of the claimants examining the witness. Witnesses examined by the respondents shall be numbered as R.W. 1, R.W. 2, etc.

Rule - 379. Decrees to be drawn up.

Decrees shall be drawn up in land acquisition cases in the same manner as in original suits.

F. RECORDS

Rule - 380. Records.

Maintenance of index, division of records into parts and their destruction and allied matters shall be governed by the rules framed under the Destruction of Records Act.

Rule - 381. Transmission of connected papers.

(1)     When papers belonging to other suits have been referred to in the judgment of the lower Court, copies of all such papers are invariably to be transmitted to the appellate Court with the records of the suit. In sending up to the appellate Court the records connected with execution proceedings a copy of the decree sought to be executed should invariably form part of the record.

(2)     While submitting records to the appellate Court for purposes of appeal or revision the fair copy of the judgment or order and the original decree should be sent up with other records duly listed in the case list.

(3)     In submitting the records to the High Court in a second appeal the original decree and the fair copy the judgment of the Court of first instance should always accompany the record.

(4)     In submitting records for the purpose of appeal or revision, printed copies of judgments or orders shall also be forwarded, if they are available.

G. DIARIES AND PROCEEDINGS PAPER

Rule - 382. A Diary.

In all suits, appeals, and miscellaneous proceedings, a general diary shall be maintained setting out only the judicial work done in each case. Entries such as filing of suits, appeals, petitions and issue and return of processes, etc., which are only ministerial, shall be omitted. The A diary shall be signed by the Judge himself.

Rule - 383. B Diary.

For showing the dates and the nature of the proceedings in the several stages of a suit, appeal, miscellaneous or execution petition, a B Diary in loose sheets in Form No. 72, 73, 74 or 75 as the case may be, shall be maintained to be kept with the records of the case. Every step, including ministerial steps, taken in the suit or other proceedings has to be minuted consecutively in the B Diary. The B Diary shall be maintained in both contested and uncontested cases and shall be signed by the Chief Ministerial Officer.

Rule - 384. Proceedings Paper.

A proceedings paper for each suit, appeal or miscellaneous matter in Form No. 76 shall be maintained furnishing therein full information as to the several judicial steps taken in the proceedings, such as adjournments with reasons, documents filed, witnesses examined, further steps ordered to be taken in the case of absent witnesses etc. The proceedings paper shall be written and signed or initialled by the Judge himself in open Court.

H. ACCOUNTS

Rule - 385. Books of Account

The Civil Courts shall keep the following books of account:-

(1)     Deposit Register

(2)     Repayment Register

(3)     Register of payments into Court of Cash deposits

(4)     Cash Payment Register

(5)     Register of Cheque applications

(6)     Cheque Book (order for payment)

(7)     Receipt Book for Cash Receipts

(8)     Cash Book

(9)     Ledger

(10)   Permanent Advance Register

(11)   Contingent Register

(12)   Acquittance Roll

(13)   Register of Undisbursed Salary

(14)   Court Fee Refund Register

(15)   Court Fee Refund Order Book

Rule - 386. Cash Book.

(1)     The cash book shall be a bound volume with the pages consecutively numbered and it shall be kept in English.

(2)     The cash book shall be a simple chronological register and in it shall be entered all receipts and disbursements under distinct headings in full detail day after day in opposite pages.

(3)     The headings to be used in Col. 6 of the debtor side and Col. 8 of the creditor side in the cash book shall be the following:-

(i)       Judicial receipts

(ii)      Suits

(iii)     Witness batta

(iv)    Miscellaneous deposits

(4)     (i) Stamp duty and penalty levied on unstamped and insufficiently stamped documents and comparing fees shall be entered under the first head. Institution and process fees shall not be entered under this head.

(ii) Fees for copying plans etc., tom-tom charges and postage charges shall be entered under the fourth head.

(5)     Under the number of each suit shall be entered all sums received from or paid to the plaintiff or defendant respectively excepting those levied for the use of Government which shall be entered under the head of judicial receipts.

(6)     The total of the receipts and disbursements on any one day on account of witness batta shall be entered in the cash account of that day.

(7)     Salaries of Judges and pay of the Establishment (regular, process and copyists) shall not be entered in the cash book and ledger, nor the permanent advance allowed to the Courts and contingent charges met therefrom day to day.

(8)     All receipts shall be entered on the left or debtor side of the book and all disbursements on the right or creditor side.

(9)     Each day's cash balance should show the totals under the different heads.

(10)   The cash book shall be balanced at the close of each day i.e. the total of the debits and credits shall be made.

(11)   In the cash book the first entry on each day on the receipt side shall be the opening balance. The closing balance on each day shall be entered in words also, and its details shown on the right or credit side.

Rule - 387. Ledger.

(1)     The ledger shall be a bound volume with the pages consecutively numbered and it shall be kept in English.

(2)     In the ledger each heading in the cash book shall appear as an account and all entries in the cash book shall be posted or reproduced in the ledger accordingly.

(3)     All entries on the left or debtor side of the cash book shall be posted on the right or creditor side of the ledger and all entries on the right or creditor side of the cash book shall be posted on the left or debtor side of the ledger.

(4)     Against each entry in the ledger will be shown the folio in the cash book in which the corresponding entry is made and the folio in the ledger will likewise be noted against the entry in the cash book.

(5)     The ledger shall be regularly posted from day to day.

(6)     The ledger shall be closed at the end of each financial year. The total of both sides of each account shall be made and the difference or balance between the two sides entered in the deficit side.

(7)     After the closing of the ledger, all unadjusted heads of accounts shall re-appear in the ledger for the following year with the opening balance at debit or credit and the folio in which the account was closed noted in red ink.

(8)     The balance at debit or credit of each account resulting on the closure of the ledger, shall be extracted into a statement of Assets and Liabilities and the sum total at the debit representing the assets of the Court will equal the sum total of the credits representing the liabilities.

(9)     A year-wise index shall be kept for the cases relating to the Civil Court Deposit transactions.

(10)   All entries in the ledger should be initialled by the Judge.

(11)   Separate pages should be allotted for entries under the following heads:-

J.R. Comparing fees

J.R. Stamp duty and penalty

W.B. Witness batta

M.O. Charges

L. LAPSED DEPOSITS

Rule - 388. Deposits not exceeding Rs. 5 and liable to lapse.

(1)     The Court may sanction the credit to Government of all deposits not exceeding Rs. 5/- which have been unclaimed for one whole year, balances not exceeding Rs. 5/- of deposits partly repaid during the year then closing and all sums deposited for the purpose of securing the attendance of witnesses or the services of Government Officers which balances and sums have been unclaimed for one whole year.

[46][If the balance of amount under petty deposits exceeds [47][Rs. 1000], the Court may retain in its custody [48][Rs. 1000] and the excess amount shall be remitted to the Treasury the next day to the credit of the corresponding personal deposit account of the Court and the items shall lapse to Government in the usual course: ]

[49][Provided that the Court may order for the retention of the payments made by the decree-holder under Rule 300 for the period not exceeding thirty days.]

Rule - 389. Procedure for lapsing.

(1)     On or before the 10th January of each year, the chief ministerial officer of the Court shall prepare a list of all the sums which have to be lapsed under Rule 388 on the 1st January of that year and shall submit it to the Judge for his orders.

(2)     With the sanction of the Judge, which may be given without notice to deposits or to the persons to whose credit the sums have been paid in or deposited, all sums included in the said list shall be treated as lapsed deposits and carried to the credit of the Government:

Provided, however, that the Judge may, for reasons to be recorded in writing, sanction the retention in deposit of any sum mentioned in the list.

Rule - 390. Deposits exceeding Rs. 5 and liable to lapse.

(1)     All sums other than those mentioned in Rule 388, paid into or deposited in any Court may be credited to the Government with the sanction of the Judge concerned if they have remained unclaimed for three full years and if a notice has been published in respect of them in the manner hereinafter prescribed.

(2)     Three complete years referred to above shall be computed with reference to the date of the last payment and not from the date of the original deposit.

(3)     The Judge may, for reasons to be recorded in writing, sanction the retention in deposit of any sum referred to in sub-rule (1)

Rule - 391. Procedure for lapsing.

(1)     On or before the 10th January of each year the chief ministerial officer of the Court shall prepare a statement of the sums which are liable to be credited to Government as lapsed deposits on the 1st January of that year under the operation of Rule 390.

(2)     In preparing the statement, the sums should be entered in chronological order and separate totals should be given for deposit relating to different years.

(3)     The Judge shall pass orders with respect to the sums entered in the said statement and may direct that with such exceptions, if any, as he may deem proper, they be treated as lapsed deposits.

Rule - 392. Publication of Notice.

(1)     On or before the 15th January of each year a list of all the sums which the Court has under Rule 391 directed to be treated as lapsed deposit shall be prepared and published on the notice board of the Court. The said notice shall give particulars about the number of the suit or proceeding, date of deposit, number of the chalan, nature of the deposit, the amount of the deposit and to whom due.

(2)     The notice shall inform the parties that the amount will be credited to Government if not claimed before 1st March of that year.

Rule - 393. Sums attached, etc.

Sums which are the subject of attachment or of a suit or other claim will not be regarded as unclaimed under Rule 388 or 390 during the continuance of the attachment or suit or other proceeding.

Rule - 394. Deposits belonging to minors.

Unclaimed deposits belonging to minors shall be treated in the same way as other unclaimed deposits under Rule 388 or 390.

Rule - 395. Lapsing of unclaimed amounts.

All sums remaining unclaimed shall be credited to the Government and the Judge shall certify on or before the 15th April of every year to the Treasury Officer concerned the sums which have been credited to the Government under Rules 389 and 391, as provided in the Kerala Account Code.

Rule - 396. Application for refund.

Application for refund of lapsed deposits shall be made to the Courts which remitted the deposits and the lapsed amounts may be refunded on the authority of the officer by whom the deposit was remitted, in accordance with the procedure laid down in Article 297 of the Kerala Financial Code.

J. REGISTERS

Rule - 397. Registers to be kept

The Court shall maintain the following registers:-

Institution Registers:

(1)     Register of Original Suits

(2)     Register of Original Petitions

(3)     Register of Small Cause Suits

(4)     Register of Appeal Suits

(5)     Register of Miscellaneous Appeals

(6)     Register of Civil Miscellaneous Cases

(7)     Register of Insolvency Petitions

(8)     Register of L.A. Cases

(9)     Register of Interlocutory Applications

(10)   Register of Execution Petitions

(11)   Register of Execution Applications Disposal Registers:

(12)   Register of Original Suits disposed of

(13)   Register of Small Cause Suits disposed of

(14)   Register of Original Petitions disposed of

(15)   Register of Appeals disposed of

(16)   Register of Miscellaneous Appeals disposed of

(17)   Register of Miscellaneous Cases disposed of

(18)   Register of Insolvency Petitions disposed of

(19)   Register of L.A. Cases disposed of

(20)   Register of Execution Petitions disposed of

Posting and Miscellaneous:

(21)   Posting Book

(22)   Diary Register (A)

(23)   Register of Commissions issued

(24)   Register of Receivers appointed

(25)   Register of Receivers Accounts

(26)   Register of Accounts of Guardians

(27)   Fair Copying Register

(28)   Register of Decrees of other Courts received for execution

(29)   Register of Sale Certificates

(30)   Register of discredited registered documents

[50][30A. Register of Communications under the Registration Act]

[51][30B. Witness Register]

Court Fees:

(31)   Detailed Register of documents and Court-Fees

(32)   Daily Register of Court-Fees

(33)   Register for refund of Court-Fees

Nazir's Establishment:

(34)   Register of Refund of process fees

(35)   Nazir's Receipt Book

(36)   Process A Register

(37)   Process Register showing receipt and return of records

(38)   Process C Register (nominal register of process peons and amins)

(39)   Register of receipt of process memos by chief ministerial officer

(40)   Diary of amins and process servers

(41)   Register of movables attached

(42)   Register of immovable attached and/or sold

(43)   Nazir's Cash Register

Copyists' Establishment:

(44)   Register A of the Copyists' Establishment

(45)   Register B of the Copyists' Establishment

(46)   Register C of the Copyists' Establishment

(47)   Register D of the Copyists' Establishment

(48)   Printing Register.

Records Section:

(49)   Record Issue Register

(50)   Register of applications for return of documents

(51)   Register of Records sent for appeal, etc.

(52)   Register of Records received for appeals, etc.

(53)   Record destruction Register of Original Suits/Appeals/Civil Miscellaneous Appeals

(54)   Record Destruction Register of Small Cause Suits

(55)   Record Destruction Register of Civil Miscellaneous Cases

(56)   Record Destruction Register of Execution Petitions

Accounts:

(57)   Register of Civil Court Deposits

(58)   Register of Repayments of Civil Court Deposits

(59)   Register of Cash Deposits

(60)   Cash Payment Register

(61)   Head Clerk's Receipt Book

(62)   Cheque Book

(63)   Cash Book

(64)   Ledger

(65)   Permanent Advance Register

(66)   Contingent Register

(67)   Acquittance Roll

(68)   Register of Undisbursed Salary

(69)   Court Fee Refund Order Book

(70)   Register of Valuables and Jewels

(71)   Register of Investments

(72)   Register of Instruments impounded

(73)   Register of cash received by Money Order or messenger

Office Establishment:

(74)   Register of Cheque applications

(75)   Register of Stationery and Printed Forms

(76)   Register of Furniture

(77)   Register of Library Books

(78)   Attendance Register

(79)   Register of applications for casual leave

(80)   Register of recognised clerks of pleaders

(81)   Register of papers received

(82)   Register of papers despatched

(83)   Account Book of Service Postage Stamps

(84)   Register of periodical returns

(85)   [52][Register of Service Books]