KARNATAKA CIVIL RULES OF PRACTICE (AMENDMENT) RULES, 1999

KARNATAKA CIVIL RULES OF PRACTICE (AMENDMENT) RULES, 1999[1]

PREAMBLE

Whereas, the draft of the following rules further to amend the Karnataka Civil Rules of Practice, 1967 was published as required by Section 122 of the Code of Civil Procedure, 1908 (Central Act V of 1908), in Notification No. LCA 1/536/92, dated 16th February, 1993 published in Part IV, Section 2-D of the Karnataka Gazette dated 4th March, 1993, inviting objections or suggestions from all the persons likely to be affected thereby within fifteen days from the date of publication of the said draft in the official Gazette.

And whereas, the said Gazette was made available to the public on 4th March, 1993.

And whereas, no objections or suggestions have been received by the High Court of Karnataka.

Now therefore, in exercise of the powers conferred by Section 122 of the Code of Civil Procedure, 1908 (Central Act V of 1908) and with the prior approval of the Government of Karnataka, the High Court 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, 1999.

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

Rule - 2. Amendment of Rule 100.

In Rule 100 of the Karnataka Civil Rules of Practice, 1967.

(i)       for clause (a), the following clause 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 scales.

Suit claim

Provided that the fee allowed in any suit shall not be less than Rs. 250/-unless the Court orders otherwise."

(ii)      in clause (b), in the proviso for the figures "100", the figures "350" shall be substituted ;

(iii)     in clause (c), for the figures "5" and "25", the figures "7" and "100" shall respectively be substituted;

(iv)    for clause (f), the following clause shall be substituted, namely.

"(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.