ORDER XLIX – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER XLIX . CHARTERED HIGH COURTS

 

1. Who may serve processes of High Court

 

Notice to produce documents, summonses to witnesses, and every other judicial process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to defendants, writs of execution and notices to respondents may be served by the attorneys in the suits, or by persons employed by them, or by such other persons as the High Court, by any rule or order, directs.

 

HIGH COURT AMENDMENT

 

Kerala.-Omit Order XLIX. (w.e.f. 9-6-1959)

 

[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]

 

2. Saving in respect of Chartered High Courts

 

Nothing in this Schedule shall be deemed to limit or otherwise affect any rules in force at the commencement of this Code for the the taking of evidence or the recording of judgments and orders by a Chartered High Court.

 

3. Application of rules

 

The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely:-

(1) rule 10 and rule 11, clauses (b) and (c), of Order VII;

 

(2) rule 3 of order X;

 

(3) rule 2 of Order XVI;

 

(4) rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of Order XVIII;

 

(5) rules 1 to 8 of Order XX; and

 

(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum);

 

and rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.

 

 

HIGH COURT AMENDMENTS

 

Bombay.-In Order XLIX,-

 

(i) for rule 3, substitute the following rule, namely:-

 

“3. Application of Rules.-The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely:-

 

(1) rule 19A of Order V;

 

(2) rule 10, clauses (b) and (c) of rule 11 and rule 14A of Order VI, ,

 

(3) rule 4A of Order VI;

 

(4) rule 3 of Order X;

 

(5) rule 2 of Order XVI;

 

(6) rules 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 (so far as relate to the manner of taking evidence) of Order XVIII;

 

(7) rules 1 to 8 (both inclusive) of Order XX;

 

(8) rule 72A of Order XXI;

 

(9) rule 7 of Order XXXIII (so far as relates to the making of a memorandum); and

 

(10) rule 38 of Order XLI;

 

and rules 31 and 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.” (w.e.f. 1-11-1966)

 

(ii) after rule 3, insert the following rule, namely:-

 

“4. Where on a memorandum of appeal presented* [to the High Court] within the time prescribed for the same, the whole or any part of the fee prescribed by the law for the time being in force relating to Court-fe
es has not been paid, the Registrar may in his discretion allow the appellant to pay the whole or part, as the case may be, of such Court-fees [after the presentation of the memorandum of appeal, and may admit the appeal to the Register, even though the Court-fee or part of it may have been paid “”[after the time prescribed for presentation of the appeal].” (w.e.f. 1-10-1983) and *(w.e.f. 1-4-1987)

 

Calcutta.-In Order XLIX, in rule 3,-

(i) for the word and figures “rule 35”, substitute the words and figures “rules 12, 14, 15 and 35”.

 

[Vide Notification No. 6874-G, dated 5th October, 1948.]

(ii) after rule 3, insert the following rule, namely:-

 

“4. A Judge of the High Court may pronounce the written judgment or opinion of any other Judge of the said Court signed by him when such Judge continues to be a Judge of such Court but is prevented by absence or any other reason from pronouncing that judgment or opinion in open Court.”

 

[Vide Notification No. 7376-G, dated 8th August, 1940.]

 

Gauhati.-In Order XLIX, after rule 3, insert rule 4 as in Calcutta (ii).

 

Gujarat.-In Order XLIX,-

 

(1) for rule 3, substitute the following rule, namely:-

 

“3. Application of Rules.-The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely:-

 

(1) rule 21A or Order V; (la) rule 10, clauses (b) and (c) of rule 11 and rules 19 to 26 (both inclusive) of Order VII; (Ib) rules 11 and 12 of Order VIII;

 

(2) rule 3 of Order X;

 

(3) rule 2 of Order XVI;

 

(4) rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of Order XVIII;

 

(5) rule 1 to 8 of Order XX;

 

(5a) rule 72A of Order XXI;

 

(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum); and

 

(7) rule 38 of Order XLI;

and rule 31 and 35 of Order XLI shall not apply to such High Court in the exercise of its appellate jurisdiction.”

 

(ii) after rule 3, insert the following rule, namely:-

 

“4. Where on a memorandum of appeal presented within the time prescribed for the same, the whole or any part of the fee prescribed by the law for time being in force relating to Court-fees has not been paid, the Registrar may in his discretion allow the appellant to pay the whole or part, as the case may be, of such Court-fees and may admit the appeal to the Register, even though the subsequent payment of Court-fee may have been made after the time prescribed for presentation of the appeal.”

 

Kerala.-Omit Order XLIX. (w.e.f. 9-6-1959)

 

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Civil Procedure Code 1908

 

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