KARNATAKA CIVIL RULES OF PRACTICE (AMENDMENT) RULES, 1983

KARNATAKA CIVIL RULES OF PRACTICE (AMENDMENT) RULES, 1983[1]

PREAMBLE

Whereas the draft of the rules, further to amend the Karnataka Civil Rules of Practice, 1967 was published in Part IV, Section 2-D of the Karnataka Gazette, dated 17th March, 1983 inviting objections and suggestions from all the persons likely to be affected thereby.

And whereas, objections and suggestions received on the said draft have been considered.

Now therefore, in exercise of the powers conferred by Section 122 of the Code of Civil Procedure, 1908 (Central Act V of 1908) the High Court of Karnataka with the approval of the Government of Karnataka, hereby makes the following rules, namely.

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Civil Rules of Practice (Amendment) Rules, 1983.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Amendment of Rule 3.

After sub-rule (2) of Rule 3 of the Karnataka Civil Rules of Practice, 1967 (hereinafter referred to as the said rules), the following sub-rules shall be inserted, namely.

"(3) "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 - 3. Amendment of Rule 5.

In Rule 5 of the said rules.

(1)     In sub-rule (4),

(i)       after clause (f), the following clause shall be inserted, namely.

"(ff) Arbitration suits A.S."

(ii)      after clause (g), the following clauses shall be inserted, namely.

"(gg) Accident Claim cases under the Motor Vehicles ActM.V.C.

(ggg) Company matter.

(a)      Company Petitions COP;

(b)      Company applications COA".

(2)     In sub-rule (5) after clause (d), the following clause shall be inserted, namely.

"(e) Education Appellate Tribunal cases E.A.T."

(3)     After sub-rule (5), the following sub-rule shall be inserted, namely.

"(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 - 4. Amendment of Rule 6.

Rule 6 of the said rules shall be renumbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered, the following sub-rule shall be inserted, namely.

"(2) 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".

Rule - 5. Amendment of Rule 7.

In Rule 7 of the said rules.

(1)     In sub-rule (1) for the words and figures "13 inches long and 8 1/2 inches wide weighing not less than 12 pounds a ream in the case of pleadings and applications and not less than 8 pounds in the case of other documents, with an outer margin of 2 1/2 inches wide and an inner margin of one inch wide", the words "or azure laid paper of metric A-4 size (30.5 cms. long and 21.5 cms. wide), weighing not less than 4.9 Kilograms a ream in the case of pleadings and not less than 3.9 Kilograms a ream in the case of other documents with an outer margin 6.5 cms. wide and an inner margin 2.5 cms. wide" shall be substituted; and an inner margin 2.5 cms. wide shall be substituted.

(2)     after sub-rule (2) the following sub-rule shall be inserted, namely.

(3)     Every Judge returning a plaint under Rule 10 or 10-A of Order VII of the Code shall cause to be endorsed thereon in red ink, under his initials and seal, particulars such as (1) the date of presentation of the plaint, (b) by whom presented, (c) the date of appearance, if any, of the defendants, (d) the date of decision for returning the plaint, (e) a brief statement of reasons for ordering the return, (f) the name of the Court, if any to which the plaintiff proposes to present the plaint after its return, by specifying such intention under sub-rule 2(a) of Rule 10-A of Order VII, (g) whether the Court has given notice to the parties to appear before such Court and if so, the date set for such appearance.

(4)     The outer margins shall be used only for endorsements, of the Court and for amendments, if any, carried out with the leave of the Court. However, where any amendment cannot be incorporated in the outer margin, the same may be incorporated in a separate sheet, and a note shall be made in the outer margin to the effect that a separate sheet incorporating the amendment is annexed. All amendments may be shown in red ink

(5)     The Court Fee labels shall be so affixed as to ensure, that when they are cancelled or punched, the contents of the documents are not obliterated.

(6)     Every paper or set of papers presented shall be enclosed by an accurate list thereof prepared in tripliate in the following form, namely.

"In the Court of..............

.......... dated..........

Case No...........

List of documents produced by Plaintiff/Appellant/Petitioner/Defendant/Respondent/Opponent.

HAND SET

(7)     (a) It shall be the duty of the Receiving Officer to initial with date, check the papers with reference to the index sheet and also to comply with the requirements of Rule 12 relating to documents produced with pleadings, and to issue an acknowledgment on the presentation form.

(b) Save in cases covered by Rule 3 of Order XXXIII or Rule 1 of Order XXIX of the Code, pleadings or other papers in Judicial matters shall be presented by the party in person or by his recognised agent or by his pleader or by a duly registered clerk of the Pleader to the Chief Ministerial Officer of the Court or such other officer as may be designated for the purpose by the Presiding Officer of the Court.

Rule - 6. Amendment of Rule 9.

After sub-rule (3) of Rule 9 of the said rules, the following sub-rules, shall be inserted, namely.

"(4) No pleading or other paper shall be received after 4 p.m. on working days by the Chief Ministerial Officer, or other officer designated in this behalf. However, where questions of limitation are involved, or in matters of great urgency, where the party or his pleader, with due diligence could not present the pleading before 4 p.m., such pleading may be presented thereafter before the Presiding Officer himself, if available. The Presiding Officer, save in cases involving limitation, may, in his discretion, refuse to receive the plaint or paper, and by an endorsement, direct that the same be presented during the working hours of the Court on the next working day. However, if he decides to receive the same he shall endorse the time and date of receipt, and if feasible, obtain below the endorsement, the signature of the person presenting the pleading and pass such orders as may be found practicable. To remove doubts, it is hereby clarified that all pleadings so received at or before mid-night shall be deemed to have been received on the corresponding date of the calendar.

(5)   All pleadings and other papers presented shall be entered in a register, containing the following columns, by the Chief Administrative Officer, or any official authorised in this behalf.

HAND SET

(6)      The Register shall be available for inspection by the pleaders or their clerks during the working hours of the Court.

(7)      All pleadings/papers received shall be dealt with by the case worker, in the chronological order of receipt as endorsed on them, unless, a motion is made for consideration out of turn and the Presiding Officer grants such request".

Rule - 7. Amendment of Rule 11.

Rule 11 of the said rules shall be renumbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered, the following sub-rule shall be inserted, namely.

"(2) Whenever the plaint or written statement or a petition refers to tangible movable or immovable property, the descriptive details thereof shall be appended in the form of a schedule, annexed to the pleadings, and it shall be thereafter sufficient to refer to such property as the 'plaint schedule property' or 'written statement schedule property', or the 'petition schedule, property' as the case may be. If the properties include both movables and immovables, separate schedules may be given and the schedules be numbered serially as A, B, C, D, etc. All items of immovable properties shall be arranged in the ascending order of survey numbers or house numbers, village-wise".

Rule - 8. Amendment of Rule 12.

Rule 12 of the said rules shall be renumbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered, the following sub-rule shall be inserted, namely.

"(2) Any pleader or party presenting an unregistered document in original, may of his own accord produce photo stat/Xerox copy of the same for facility of easy handling. In any other case the Court may direct the party producing the document to produce one or more Photostat/Xerox copies of the same and in such an event, the cost shall abide the result".

Rule - 9. Substitution of Rule 14.

For the existing Rule 14(1) of the said rules, the following rule shall be substituted, namely.

"14. (1) on presentation of every plaint or original petition the same shall be entered in Register No. VIII and examined by the Chief Ministerial Officer of the Court, with reference to a check slip containing the following particulars.

"CHECK SLIP"

(i)       Nature of the Suit or Proceeding;

(ii)      Whether the plaint or petition comes within the pecuniary and territorial jurisdiction of the Court?

(iii)     Whether the cause of action or any part of it arises within the jurisdiction of the Court?

(iv)    Whether the valuation for purposes of Court fee and jurisdiction is correct? If not, what is the office objection?

(v)      Prima facie, is there any bar of limitation?

(vi)    Prima facie, is there any bar of limitation? law?

(vii)   The number of Interlocutory applications accompanying the plaint/petition and the provisions invoked in aid of the same?

(viii)  Number of documents enclosed and their condition or state?

(ix)    Whether the copies of suit documents, duly compared have been produced?

(x)      Whether copies of the pleadings, in sufficient number, for service on the opposite side, accompanied by necessary process fee and duly addressed envelopes, with postage and acknowledgement forms, have been produced?

(xi)    Does the Party or Advocate, presenting the papers, desire the case to be immediately called in Court for Urgent interlocutory order?

(xii)   Has any caveat been filed in respect of the same matter by any one?

(xiii)  Are all certified copies and other documents sufficiently stamped?

(xiv)  Is leave/special leave of the Court sought for any particular purposes?

(xv)   Is there any other bar for registration of the suit or petition?

(xvi)  Signature of the Checking Officer?

(xvii) Orders of the Presiding Officer or the Chief Ministerial Officer relating to admission of the plaint (or petition) or granting time for rectification of office objection."

Rule - 10. Substitution of Rule 17.

For Rule 17 of the said rules, the following rule shall be substituted, namely.

"17. 'Interlocutory application' means an application to the Court in any Suit, Appeal or Proceeding already instituted in such Court other than an application for execution of the decree or setting aside the decree or final order made in such Suit, Appeal or Proceeding, or an application for review of Judgment and includes every application seeking an order by way of aid pending final adjudication of the matter arising in the Suit, Appeal, or Proceeding or for readmission of appeal dismissed for default."

Rule - 11. Amendment of Rule 18.

In Rule 18 of the said rules.

(1)     in sub-rule (2), the following proviso shall be added at the end, namely.

"Provided that it shall not be necessary to file any affidavit but only a memorandum of facts signed by the pleader in interlocutory -applications seeking any relief other than the reliefs of temporary injunction, attachment, arrest, appointment of guardian or the appointment of receiver or amendment of a pleadings".

(2)     After sub-rule (4), the following sub-rule shall be inserted, namely.

"(4) (a) The order sheet shall contain a separate column indicating the number of interlocutory applications pending on the date of each hearing and the Bench Clerk shall note the numbers of undisposed of interlocutory applications; and the Presiding Officer shall endeavour for disposal of such applications expeditiously."

Rule - 12. Substitution of Rule 29.

For Rule 29 of the said rules, the following rule shall be substituted, namely.

"29. A deponent of an affidavit shall sign or make his mark at the foot of every page of the affidavit and also at end of it. The attesting officer shall authenticate every correction, alteration or interlineation by placing his initials near it and also enter at the foot of every page, the number of such authenticated corrections, etc., or enter the word "nil" if there is none and initial such entry and sign his name and enter his designation at the end of the affidavit and affix thereto his official seal of his Court together with the date. The fact of the Oath having been administered or the solemn affirmation having been made in his presence and the contents of the affidavit having been explained in the language known to the deponent, and translated wherever necessary to the deponent, shall be recorded by the attesting officer before the affixes his signature."

Rule - 13. Amendment of Rule 33.

For clause (a) of Rule 33 of the said rules, the following clause shall be substituted, namely.

"(a) Every material proposition of fact and every proposition of law, which is affirmed by one side and denied by the other shall be made the subject of a separate issue. Ordinarily, the following matters shall form the basis of framing issues, namely.

(i)       the pleadings in the case;

(ii)      all documents, including copies of entries; in shop books, accounts, etc., if any, produced at any time before the, framing of issues, by the parties or their pleaders or witnesses;

(iii)     record of examination, if any, of the parties or their pleaders or witnesses, including those examined by the Court under Rule 4 of Order XIV of the Code; and

(iv)    oral submissions made or replies given by parties or their pleaders to questions put by the Court at the time of framing of issues.

Rule - 14. Insertion of new Rules 33-A and 33-B.

In Chapter V, after Rules 33 of the said rules, the following rules shall be inserted, namely.

"33-A. The Court shall determine at the time of issuing the summons, whether it shall be.

(a)      for the settlement of issues only, or,

(b)      for the defendant to appear and state whether he contests or does not contest the claim and directing him if he contests, to receive directions as to the date on which he has to file his written statement, the date of trial and other matters and if he does not contest, for final disposal of the suit at once, or he contests or does not contest the claim and directing him if he contests, to receive directions as to the date on which he has to file his written statement, the date of trial and other matters, and if he does not contest, for final disposal of the suit; and the summons shall contain a direction accordingly:

Provided that in every suit heard by a Court of Small Causes, the summons shall be for final disposal of the suit.

"33-B. Except where a suit is disposed of solely on the question of jurisdiction or on the ground that there is a bar to the suit by any law for the time being in force, in all other cases the Court shall pronounce judgment, on all issues in the case."

Rule - 15. Amendment of Rule 39.

Rule 39 of the said rules shall be renumbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered the following sub-rule shall be inserted, namely.

"(2) Whenever the Court directs the summons or notices to be served by Registered Post Acknowledgement Due, the concerned party shall furnish sufficient number of envelopes, acknowledgment due, the concerned party shall furnish sufficient number of envelopes, acknowledgments due, detailed address of the party/parties with proper postage, together with the required number of duly attested copies of plaint, original petition, concise statement, memorandum of appeal or cross objections, as the case may be."

Rule - 16. Amendment of Rule 42.

In sub-rule (1) of Rule 42, for the words "one rupee", the words "five rupees" shall be substituted.

Rule - 17. Substitution of Rule 99.

For Rule 99 of the said rules, the following rule shall be substituted, namely.

"99   (1) The costs of a party in any proceeding shall, unless otherwise ordered by the Court include.

(a)      The Court fee paid on.

(i)       his pleadings;

(ii)      the documents required to be produced by him;

(iii)     the vakalat filed by him (one set only);

(iv)    the processes and postage issued at his instance;

(v)      the certified copies furnished to him as per rules and filed by him as required by any law or as ordered by the Court, or exhibited in the case;

(vi)    interlocutory applications other than applications seeking adjournments;

(b)      Costs incurred in obtaining the certified copies or copies referred to in (a) (i) to (vi) above.

(c)      batta paid to his witnesses, who had appeared and given evidence;

(d)      costs incurred in interlocutory matters which are made costs in the cause;

(e)      an amount calculated at the rate of 50 Paise for each process (being the charges for preparation of such process) prepared by a party and filed into Court under Rule 40;

Note: Process issued, whether in respect of different persons or not, shall be treated as different processes, for the above purpose, but, process prepared in duplicate shall be treated as one process.

(f)       fee actually paid by him to his pleader or pleaders not exceeding the amount calculated according to the next succeeding rule:

Provided that such fee shall not be included in the costs, if he has not filed within five days from the date of judgment or order, or such further period as may be allowed by the Court, a certificate by the pleader or pleaders as the case may be, certifying that the fee has been received by him or them:

Provided further that in the case of a pleader appearing for the Government or other local body or authority or Government Company or Corporation, a certificate by him that he is assured of the receipt of such fee shall be sufficient;

(g)      Costs incurred in the examination of a witness on commission under Section 133 and Order XXVI of the Code; the costs to . be awarded shall not be less than Rs. 100 and shall not exceed Rs. 200;

(h)     Expenditure incurred for giving of any notice required to be given by law before the institution of the suit;

(i)       Expenditure incurred on any notice, which though not required to be given by law, has been given by any party to the suit to any other party before the institution of the suit. The costs to be awarded in this regard shall not be less than Rs. 50 subject to a maximum Rs. 100;

(j)       Expenditure incurred on the typing, writing or printing of pleadings filed by any party;

(k)      Charges paid by a party for inspection of the records of Court for the purposes of the suit;

(l)       Expenditure incurred by a party for producing witnesses, even though not summoned through Court;

(m)    In the case of appeals, charges incurred by a party for obtaining any copies of Judgments and decrees which are required to be filed along with the memorandum of appeal; and

(n)     Any other costs incidental to the suit or proceeding, including duty and penalty paid on a document which was necessary to be paid or compensatory costs awarded under Section 35-A of the Code and any costs expressly allowed to be included, in the discretion of the Court.

(2) Irrespective of the success or otherwise of a party, his costs in the cause shall not be inclusive of costs paid or payable by him.

(a)      Under Section 35-A of the Code for causing delay;

(b)      for exhibiting interrogatories unreasonably, vexatiously or at improper length as laid down in Order XI, Rule 3 of the Code;

(c)      for unreasonably neglecting or refusing to produce a document after notice as provided in Order XII, Rule 2-A(2) of the Code;

(d)      for securing adjournments under XVII, Rule 1(2) of the Code;

(e)      under Order XIX, Rule 3(2) of the Code, being the cost of affidavit which has unnecessarily set forth matters of hearsay or argumentative matter or copies of, or extracts from, documents;

(f)       to the defendant, when the suit is taken out for being brought on behalf of a minor without a proper next friend laid down in Rule 2 of Order XXXII of the Code, or, the costs incurred by a next friend retiring under Rule 8 or removed under Rule 9 of the said order;

(g)      towards the costs and allowances of the Officer acting as Court, Guardian of a minor, when the amount is not expressly made taxable in the cause by the order of the Court as provided in Order XXXII, Rule 4 of the Code;

(h)     for obtaining copies or certified copies of depositions, or documents, or in procuring photo stats or photos of any documents with the permission of the Court;

(i)       towards any of the items referred to in sub-rule (1) and which the Court directs that it shall not be included in the costs of the case, on account of his conduct in the litigation.

(3) If the Court proposes to disallow any of the items mentioned in sub-rule (1) or to grant other or further items of costs, the Court shall make a specific direction in that regard in its Judgment or order.

(4) In every suit or appeal filed or preferred by an indigent person, the Court shall specifically state in its Judgment or- order, who should pay the institution fee payable to Government and on what property, if any it shall be charged."

Rule - 18. Amendment of Rule 100.

In Rule 100 of the said rules.

(1)     For the words "Pleader's fee", the words "Advocate's fee" shall be substituted.

(2)     For clauses (a) to (f), the following clauses shall be substituted, namely.

"(a) In original suits, the fee shall be calculated on the value or the subject matter of the suit, which shall be the same as that prescribed by the Karnataka Court fees and suits Valuation Act, 1958, for determining the jurisdiction of the Court, according to the following sales.

On the first sum of Rs. 5,000 at 10 per cent.

On the next sum of Rs. 5,000 at 7 1/2 per cent.

On the next sum of Rs. 30,000 at 5 per cent.

On the next sum of Rs. 60,000 at 1 per cent.

On the balance remaining thereafter at 1/2% provided that the fee allowed in any suit shall, not be less than Rs. 100 unless the Court orders otherwise.

(b)   In a Regular Appeal, the fee shall be calculated according to the scale set out in clause (a) above on the value or the amount of the subject matter in dispute in Appeal:

Provided that the fee allowed in any Regular Appeal shall not be less than Rs. 100 unless the Court orders otherwise.

(c)   In a Small Cause Suit, the fee shall be 5 per cent of the value of the amount of the claim as set forth in the plaint, subject to a minimum of Rs. 25.

(d)   In the Execution Case, the fee shall be calculated as follows.

(i)       On the first application at 50 per cent of the fee calculated at the rate specified in clause (a) above on the amount of money or value of the relief claimed in the application.

(ii)      No fee shall be payable on any subsequent application unless it is contested, in which case, the fee shall be calculated at 25 per cent of the fee calculated at the rate specified in clause (a) above on the amount of money or value of the relief claimed in the application.

(e)   In an Execution Appeal, the fee payable shall be one- fourth the fee which would have been payable if the appeal were a regular Appeal.

(f)    In other proceedings, the fee shall be fixed by the Court regard being had to the time occupied in the hearing of the case and the nature of the questions raised, but subject to the minimum and maximum prescribed hereunder. If, in any case coming under this clause the Court Awards costs without fixing the Advocate's Fee, the Court shall be deemed to have awarded the minimum prescribed.

Rule - 19. Amendment of Rule 112.

In sub-rule (1) of Rule 112 of the said rules.

(1)     In clause (a) for the figure "2" the figures "15" shall be substituted; and

(2)     in clause (b) for the figures "1-50" the figures "10" shall be substituted.

Rule - 20. Amendment of Rule 114.

In Rule 114 of the said rules, after the words "Local Authority" the words "or of a servant or a corporation engaged in any trade or industry, which is established by a Central, Provincial or State Act or a Government Company as defined in Section 617 of the Companies Act, 1956" shall be inserted.

Clause.

Rule - 21. Amendment of Rule 127.

(1)     In Rule 127 of the said rules (1) in clause (a), for the words "one rupee", the words "five rupees" shall be substituted; and

(2)     in clause (b), for the words, "fifty paise" the words "two rupees" shall be substituted.

Rule - 22. Amendment of Rule 156.

In proviso to sub-rule (3) of Rule 156 of the said rules, the following words shall be added at the end, namely.

"and all such orders passed shall be filed and kept in the record in the chronological order and necessary entries be made in the General running index."

Rule - 23. Amendment of Rule 220.

Rule 220 of the said rules shall be renumbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered, the following sub-rule shall be inserted, namely.

"(2) In execution proceedings if any warrant is returned unexecuted with an endorsement that police help is required, the Court may consider the same and pass suitable orders, and in case, the Court directs that police help is to be given it shall be the duty of the police authorities concerned to give needful help promptly."

Rule - 24. Amendment of Rule 230.

In Rule 230 of the said rules, the following words shall be added at the end, namely.

"Irrespective of whether the documents so admitted in evidence are originals or certified copies."

Rule - 25. Insertion of New Rules 230-A, 230-B and 230-C.

After Rule 230 of said rules, the following rules shall be inserted, namely.

"230-A. In issuing certified copies any of the following methods, as may be practicable may be employed.

(1)     Preparation of copies in the manner provided by Rule 245;

(2)     Preparation of copies by photo-copying process including Photostat, Xerox or reprograph or any other process by which the original is mechanically or electronically copies representing faithfully the original.

230-B. Whenever a judgment is pronounced under Order 20, Rule 1(3) and Judgment is typewritten, as provided in Order 20, Rule 6-B of the Code carbon copies n advance following the procedure laid down in Rules 247, 248 and 249. The party or parties so applying shall pay charges either in the shape of Court Fee labels or in cash at the rates stated in Rule 241 or at such rate as may be specified in the rules made by the High Court.

230-C. Whenever evidence is taken down to the dictation of the Judge directly on a typewriter, the copies of such deposition wherever it is practicable so to do, be given to the parties applying for such copies in advance. The procedure contained in Rule 230-B shall apply mutatis mutandisin the matter of issuance of copies of depositions under this rule. The copies of depositions so prepared shall be issued to the party applying at the end of each day."

Rule - 26. Amendment of Rule 244.

In Rule 244 of the said rules, for the words "charges for copies of maps and plans" the words "charges for copies of maps, plans and documents" shall be substituted.

Rule - 27. Amendment of Rule 246.

After sub-rule (3) of Rule 246 of the said rules, the following sub-rule shall be inserted, namely.

"(4) When a party desires to have a certified copy by the photo-copying process as stated in Rule 230-A and the Court has the equipment to prepare certified copy by photo-copying process and finds it convenient, it may issue copies prepared by adopting the photo-copying process subject to the following procedure, namely.

(1)     The rate per copy shall be determined by the High Court from time to time and till such determination is made, the charges per rate of fool scape size or any smaller size shall be Rs. 2.

(2)     When the copy has been so prepared, it shall be compared by the examiner with the original, aided by a reader who may be a copyist. The text to read out small be the original. The copyist examiner after such comparison and after satisfying himself that the copy prepared by the photo-copying process faithfully reproduces the original, shall append a certificate as under.

'Certificate'. Certified that this is a true and accurate copy of the original. All the matter appearing in original has been faithfully copied with no modifications".

Rule - 28. Insertion of New Chapter XXVI.

After Chapter XXV to the said rules, the following Chapter shall be inserted, namely.

"CHAPTER XXVI

Legal Aid to Indigent Persons

265. Where a party in the proceedings by reason of economic disability is not represented by an Advocate/the Court may advice such parties to approach the Local Legal Aid Committee constituted the Karnataka Legal Aid Board for Legal Aid.

266. The fee and the other charges payable to the counsel appointed by the Legal Aid Committee shall be such as may be prescribed by the Karnataka Legal Aid Board.

267. A counsel appointed by the Legal Aid Committee shall be given the following facilities by the Court.

(i)       Right to inspect the records of the case in the presence of a responsible official of the Court and make out copies unless the Court finds reason to prohibit or restrict the same to any extent;

(ii)      Exemption from payment of Court Fee on Vakalat and on interlocutory applications and also process fee;

(iii)     Furnishing free copies of depositions and Judgments or Orders prepared simultaneously by carbon process when such depositions, Judgments or Orders are typed in the ordinary course.

268. Wherever Court Fee is ordinarily payable, but is exempted for the time being for the reason that Legal Aid has been given, the fee so payable shall be included in the costs awarded in the case and in the event of recovery, be credited to the Karnataka Legal Aid Board. It shall not be permissible for the indigent person to appropriate such part of the cost for himself".

Rule - 29. Insertion of New Chapter XXVII.

After Chapter XXVI to the said rules the following chapter shall be instituted, namely.

"CHAPTER XXVII

Mode of payment through cheques in certain cases

269. Notwithstanding anything contained in any other law, rules, order or decree of a Court, any amount equal to or in excess of Rs. 5,000 payable to any party or individuals, shall be paid by drawing 'Account Payee' cheque in the name of such party or individuals, as are in the opinion of the drawing officer, competent to give a full and effective discharge for and on behalf of all the persons entitled thereto, and the cheque so drawn shall be handed over to the payee or payees in the presence of the Presiding Officer who shall take all steps necessary for the proper identification of the payee or payees:

Provided that before drawing such cheque, it shall be lawful for the drawing officer to call upon the payee or payees to furnish security to his satisfaction for the due performance of the obligations if any, arising on receipt of the cheque".