[1]KARNATAKA CIVIL RULES OF PRACTICE, 1967

PREAMBLE

In exercise of the powers conferred by Section 122 of the Code of Civil Procedure (Central Act V of 1908) and all other powers thereunto enabling, the High Court of Karnataka, with the previous approval of the Government of Karnataka and in supersession of the Rules of Practice continuing in force by virtue of Section 119 of the States Reorganisation Act, 1956 (Central Act XXXVII of 1956) in different areas of the State, hereby makes the following Rules of Practice to have effect throughout the territories of the State with respect to the Practice and Procedure of the Civil Courts subject to the superintendence of the High Court of Karnataka, the same having been previously published for objections and suggestions in the Karnataka Gazette, dated 23rd May, 1963.--

CHAPTER I

PRELIMINARY

Rule - 1.

(1)     These Rules may be called the Karnataka Civil Rules of Practice, 1967.

(2)     These rules shall come into force from such date as may be notified in the Karnataka Gazette, by the High Court.

Rule - 2.

The reference to Forms in these rules shall be to the Forms mentioned in Appendix A hereto and the reference to Registers shall be to the Registers mentioned in Appendix B, unless specified otherwise.

Rule - 3.

(1)     In these rules the word "Code" means the Code of Civil Procedure, 1908, as amended from time to time.

(2)     "Pleadings" shall include plaints, written statements, memoranda of appeals, cross-objections, original petitions, applications, counter statements, replies, rejoinders and every statement setting out the case of a party in the matter to which the pleadings relate.

(3)     [2]"First Hearing" in relation to a suit means the date on which the defendant is summoned to appear for settlement of issues or for final hearing and includes any other adjourned date for the above purpose.

(4)     "Legal Aid Board" means the Board constituted under the Karnataka Legal Aid Board Act, 1981 (Karnataka Act 32 of 1981).

(5)     "Chief Ministerial Officer" includes the Registrars and Deputy Registrar of the Bangalore City Civil Court and the Court of Small Causes, Bangalore.

(6)     "Judge" or "Presiding Officer" means and includes the Principal City Civil Judge, Additional City Civil Judge, Chief Judge of the Court of Small Causes, Judge of the Court of Small Causes, District Judge, Additional District Judge, Civil Judge, Additional Civil Judge, Munsiff or Additional Munsiff appointed under the Bangalore City Civil Courts Act, 1979, the Karnataka Civil Courts Act, 1964, or the Karnataka Small Causes Courts Act, 1964.]

Rule - 4.

On the coming into force of these rules all existing Rules, Orders, Circulars, Practice, Convention or the like governing any matter dealt with or covered by these rules shall stand repealed:

Provided that this repeal shall not affect or invalidate any action, decision or proceeding taken, any disposal made, any decree or order made or issued under the existing rules before the commencement of these rules.

Rule - 5. Description of the Proceedings.--

(1)     A suit instituted in any Court subordinate to the High Court, other than a suit cognizable by a Court of Small Causes, shall be designated an "Original Suit" and indicated by the abbreviation "O.S.".

(2)     A suit cognizable by a Court of Small Causes shall be designated a "Small Cause Suit" and indicated by the abbreviation "S.C.".

(3)     All proceedings in execution of decrees or orders shall be designated "Execution Cases" and denoted by the abbreviation "Ex. C."

(4)     Original proceedings other than Suits and Execution Cases shall be classified according to the nature of the subject-matter and be designated as mentioned below and indicated by the abbreviation noted against each category:

(a)      Land Acquisition Cases--L.A.C.

(b)      Matrimonial Cases--M.C.

(c)      Guardians and Wards Cases--G. and W.C.

(d)      Probate and Succession Cases--P. and S.C.

(e)      Insolvency Cases--I.C.

(f)       Arbitration Cases--A.C.

(ff) [3][Arbitration Suits--A.S.]

(g)      House Rent Control Cases--H.R.C.

(gg) [4]Accident Claim Cases under the Motor Vehicles Act--M.V.C.

(ggg) Company matter,--

(a)      Company Petitions--COP.

(b)      Company Applications--COA.]

(h)     Miscellaneous Cases (i.e., cases not falling under any of the above categories)--Ms.C.

(5)     Appeals shall be classified as follows:--

(a)      Regular Appeals, that is, appeals against decrees in Original Suits--indicated by the abbreviation "R.A.";

(b)      Execution Appeals, that is, appeals against original orders determining questions under Section 47 of the Code deemed to be decrees indicated by the abbreviation "Ex. A.";

(c)      Miscellaneous Appeals, that is, appeals against any other judgments or orders including any order as to costs only, made it by a subordinate Civil Court in the exercise of its civil jurisdiction--indicated by the abbreviation "M.A.";

(d)      House Rent Control Appeals "H.R.C.A.";

(e)      [5][Education Appellate Tribunal Cases--E.A.T.]

(6)     [6][Revision Petitions under any special enactment shall be designated as "Revision Petitions" with a brief reference within brackets as to the nature of the case and indicated by the abbreviation "REV" (Eg. Revision Petition under Rent Control Act to be designated as REV with the abbreviation (RENT).]

Rule - 6. Description of parties.--

(1)     [7]The contending and opposing parties shall be described as Plaintiff and Defendant respectively in Suits, Appellant and Respondent in Appeals, Decree-Holder and Judgment-Debtor in Execution Cases and Petitioner and Opponent in all other proceedings.

(2)     [8][The proceedings before Appellate and Revisional Courts, the ranks held by the respective parties in the Lower Courts, shall be indicated within brackets in the cause title.]