rl:;'}:} ,
I \~~,,'t II]
• "0'
j ..
COO. ADMN GAl., APRIL, I, 2000 (CHTR 12, .1922 SAKA) 31"
,.
Amendment of
lCCiion 24,
20. In section 24 of the principal Act,-"
(a) !n sub-section (/),-
(I) for the words "Central Government", the words "Central Government
or a State Government" shall be substituted;
(it) the. words "or special" shall be omitted;
(b) in sub-section (2), for th~ words "Cen[ral Government", the words "Central
Government or a State Government" shall be substituted.
, .
21. In section 24A o(lhe principal Act,- ,
'(a) in SUb-section (1),-
THE'MARRIAGE LAWS (AMENDMENT)
AN
ACT
further to amend the Hindu Marriage Act, 1955 and the Spec~ai Marriage Act,. 1954,
, ,
, (i) for the words "prospecting licence or mining lease", the ·wor.
"reconnaissance pennit, prospecting licence or mining lease" shall be subs' ted;
(ii) for the words "holder of such licence or lease", the words' older of
such permit, licence or lease" shall ~: substituted;
(iii) for the words "such lease or licence had been gr ted", the words
"such pcmlit, leuse or licence had belm granted" shall be slituted;
(Iv) for the words "prospecting or mining erations", the words
"reconnaissance, prospecting or mining operations" sbaIl be substituted;
(b) in sub-section (2),-
(l) for the words "prospecting lice ce or mining lease", the words
"reconnaissance permit, prospecting licen or Dlininglease" shall be substitute4;
. (ii) for the words."such Iice
7
nce 'r lease", the wor4s "such permit,-Jicence
or lease" shall be subsututed; ., . , .
. -
(iii) for the words "mi iog or prospecting operations", the words
"reconnaissance, mining or p ospecting operations" shall be substituted.
22. In section 25 of the prine' at Act, in'sub-'sections (1) and (2), for the words ,Amendment of'
"prospecting licence or mining lease, wherever they occur, the words "reconnaissance pennit, section 25,
prospecting licence' or mining Ie e" shall be' substituted.
, ,
23" In section 31 of the < rinciplll Act" for the words "prospecting licence or mining Amendment of
leaso", wherever they occury ' e words "reconnaissance permit, prospecting licence or mining section 31. "
lease" shall be substituted(
, .
24. In the First St edule to the principal Act,- Amendment. \If
. , • Plnl Schedule.
(a) in P B, for lIems'J.and 11. the following items shall respectively be ,
substituted, amely:- .' . . .
1
'7, Titanium bearing tpi!1,~rals and.~res (ilmenite. rutile and leucox.ene).
11. Zirconium bearing minerals and ores including Zircon.";
(
~ in Part C,.item.8 shall be omitted. . .
[Assented to on 29th December, 1999
Act No. 39 of 1999J
ACT ,1999
2. In section 5 of the Hindu Marriage Act, 1955, in clause (ii), ill sub-clause (c). the Amcndmcnt of
words "or c;Ji1epsy" shall be omitted. '.', section 5 of Aet
. ' 25 of 1955,..
!
I
, "
. j
I;',
• '11-
iii
" l:~u \
lH
fJj
, ,
BE it enacted, by Parliament ·in, the Fiftieth Year of the Republic of India as
folIows:- ' , . "
1. 11lis Act may be called the Marriage Laws (Amendment) Act, 1999. Short title:
l‘ “L II] CHD. ADMN GAL, APRIL. 1, 2000 (CHTR 12, 1922 SAKA) , 31,.
20. In section 24 of the principal Aq’___.. 1 , . I of .
l (a) in sub-section (I),—_ section 2A.
(1') for the Words "Central Government". the words "Central Government.
or a State Governinent" shall be substituted:
(if) the words “or special" shall be omitted;
(b) 1n sub-section (2). for the words “Central Government", the words "Central
Govemment or a State Government” shall be substituted.
21. In section 24A of the principal Act, -—— . ’ Mimi" of
(a) in sub-section (I),—- ' m
(1) for the words "prospecting licence or mining lease”, the wortfi’ -
“reconnaissance permit, prospecting licence or mining lease" shall be subsutf ed
(ii) for the words "holder of such licence or lease“, the words “ii/older of
such permit, licence or lease" shall be substituted;
ted", the 'words
stituted;
'erations", the words
shall be substituted;
(iii) for the words “such lease or licence had been g
"such pemiit, lease or licence had been granted" shall be
(iv) for the words "prospecting or mining
"reconnaissance. prospecting or mining operations"
(b) in sub~sectlon (2),—
(i) for the words "prospecting liceré or mining lease", the words
"reconnaissance permit, prospecting licen or mining lease" shall be substituted;
‘ (ii) for the words' 'such licence o’r lease“, the words "such permit. licence
or lease" shall be substituted, ‘
(iii) for the words' 'mining or prospecting operations", the words
"reconnaissance. mining or prospecting operations" shall be substituted.
22. In section 25 of the principel Act, in sub-sections (I) and (2), for the ‘words Amendmcntof‘
‘ “prospectmg licenceor numng lease/ .whereverthey occur, thewords"reconna1ssance permit, 3W0“ 25~
prospecting licence or mining leaSe" shall be substituted
23 In section 31 of the principal Act, for the words "prospecting licence or mining Amendmentot’
lease". wherever they occur. the words "reconnaissance permit, prospecting licence or mining mu“ 31
lease" shall be substituted. , ,
24. In the First Schedule to the principal Act -- . Amendment of A
First Schedule
(a) in Part B, for items .7 and 11 the following items shall respectively be
substituted. namely: —— .
‘1 "7 . Titanium bearing minerals and ores (ilmenite, rutile and leucoitcne).
1‘ . I l l. Zirconium bearing minerals and ores including Zircon";
' . [(12) in Part C,.item .8 shall be omitted. '
z"-
/ ' [Assented to on 29th. December, 1999
Act No. 39 of 1999]
THE MARRIAGE LAWS (AMENDMENT) ACT, 1999
AN
A CT
further to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.
Be it enacted by Parliament in. the Fiftieth Year of the Republic of India as
follows: — . ‘ -
1. This Act may be called the Marriage Laws (Amendment) Act 1999 Sim titlei
2. In section 5 of the Hindu Marriage Act, 1955. in clause (1'1"),111 sub—clause (c). the Amendment of
. section 5 of Act
25 of l955.
12%| T QIUQ ’7‘
LEgTDL EL
words' 'or epilepsy" shall be omitted.
'-,
tHD. ADMN GAZ., APRIL 1, 2000 (CHTR 12, 1922 SAKA) [Part 1] I
Amendment of
section 4 of Act
430f,I954,
3. In section 4 of the Special Marriage Act, 1954, in clause (b), in sub-clause (iii),
the words "or epilepsy" shall be omitted.
[Assented to on 29th December. 1999
Act No. 41 of 1999J
evelopment Authority
PRl!L1MJNIIRY
THE INSURANCE REGULATORY AND DEVELOPMENT A~THORITY
AN
ACT
to provide for the establishmenl of an Authority to protect the interests of hoLders of
insurance policies, to regulate, promote and ensure orderly growth ofthe insurance
industry and for mailers connected therewith or incidental, thereto and further to
amend the Insurance Act.' 1938, the Life Insurance Corporation Act, 1956 and the
General Insurance Business (Nationalisation) Act, 1972. "
CHAPTER I
BE it enacted by Parliament in the Fiftieth Year of the ~epublic of I
follows:-
1. (1) This Act may be called the Insurance Regulatory 'an
,Act, 1999.
(2) It extends to the whole of India.
(3) It shall come into force 011 such Jate as lhe entral Government may. by
notification in the Official Gazelle, appoint "
Short tiUe.
e",tenl and
comrncncen>enl
Provided,that different dates may be appointe for different provisions of this Act
and any reference in any such provision to the c mmencemcnt of this Act shall be
construed as a reference to the coming i,nto fore of that provision:
DcfUlltJons. 2. (1) In this Act, unless the !=onteltt ot rwise requires,-
(a) "appointed day" means t e date on which the Authority is established
under sub-section (1) of section 3' .
(b) "Authority" means, th nsurance Regulatory and Development Authority
established under sub-section 1) of section 3;
(c) "Chairperson", me ns the Chairperson of the Authority;
(d) "Fund" means eInsurance Regulatory.and Development Authority Fund
constituted ,under sub- tion (1) of section 16; ,
(e) "Interim I urance Regulatory Authority" means the Insurance Regulatory
Authority set up b the Central Government through Resolution No. 17(2)/94-lns.-
V, d~ted the 23r January, 1996;
if) "inte edillCy or insurance intermediary" includes insurance brokers. re-
.insurance br ers, insurance consultants, surveyors and loss assessors;
(g)" ember" means a whole-time or a part-time member of the Authority
and- inclu es the Chairperson;
"notiOcation" means a notification published in the Official Gazette;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "regulations" means the regulations .made by the Authority.
~
'J,q~JI T >INq (f
f.-6~T()f.-f.f..
, CHD. ADMN GAZ., APRIL 1, 2000 (CHTR 12, 1922 SAKA) » [Part Ill
_ Alncndmcnt 0f 3. In section 4 of the Special Marriage Act. 1954. in clause ([7), in sub-clause (iii),
section 4 ofAct .. . n _ .
lie 3 hall ‘ mitted.
43 of l954. ”16 word? 0‘ 6P P y a be 0
[Assented to on 29th December, 1999
Act No. 41 of 1999]
I
THE INSURANCE REGULATORY 'AND DEVELOPMENT AUTHORITY
‘ AN ' '
ACT
to provide for the establishment of an Authority to protect the interests of holders of
insurance policies, to regulate, promote and ensure orderly growth of the insurance /
industry and for matters connected therewith or incidental thereto and further to 4,.
amend the Insurance Act, 1938, the Life Insurance Corporation Act, I956 and the “
General Insurance Business (Nationalisation) Act, 1972. '
Be it enacted by Parliament in the Fiftieth Year of the Republic of 1
follows. -—
CHAPTER 1
PRELIMINARY
Short title. 1. (I) This Act may be called the Insurance Regulatory an
“‘6'“ an? Act, 1999.
commencement.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the
notification in the Official Gazette. appoint: -.
entrnl Government may. by
Providedthat different dates may bcappointe for different provisions'of this Act
and any reference in any such provision to thctjrimmencemcnt of this Act shall be
construed as a reference to the coming into fore of that provision;
Definitions. 2. (I) In this Act, unless the context otherwise requires.“ ‘ ~
‘ ’(I
(a) "appointed day" means the date on which the Authority is established
under sub-section (1) of section 3/
(b) "Authority" means Ich/{nsurance Regulatory and Development Authority
established under sub-section 1) of section 3:
(c) "Chairperson" mg/ns the Chairperson of the Authority;
(d) "Fund" means Me Insurance Regulatory and Development Authority Fund
constituted under sub-section (1) of section l6:
(e) "Interim l urance Regulatory Authority" means the Insurance Regulatory
Authority set up b the Central Government through Resolution No. l7(2)/94 Ins. -
v, dated the 2351’ January, 1996. '
/
(f) "intermediary or insurance intermediary" includes insurance brokers. re-
insurance brokers, insurance consultants. surveyors and loss assessors;
' /
(g) "(rri'embu means a whole~timc or a part-time member of the Authority
and includes the Chairperson; ~
(It) "notification" means a notification published In the Official Gazette;
(i) "prescribed" means prescribed by rules made under this Act;
z
(1') "regulations" means the regulations‘made by the Authority.
.r
)1
LesrofiEL
Repeal Jnd
s.lving.
CHD. ADMN. GAZ. (EXTRA.), MARCH 24, 2004 (CHAITRA 4, LnG SAKA)
-3. (I) The Prevention of Terrorism (Amendment) 'Ordfnance, 2003, is hereby Ord.
repealed. 4 of 2003.
(2) Notwithstanding such rcgca , anything done or any action taken under the Prevention
of Terrorism Act, 2002, as amended' by the said Ordinance. shaH be deemed to have been f 00150 2 2.
done or taken under- tf\e said Act. as amended by this Act.
(Assented to on 23rd December, 2003
Act No. 50 of 2003]
Shun (ille.
Amendment
of section 31.
Amendmellt
"I' ,cetio" 39.
Amendment
of section 19.
Arncndl1l(."nl
"f' ,cetion 28.
THE MARRIAGE LAWS (AMENDMENT) ACT. 2003
AN
ACT
further to amend the Special Marriage Act, 1954 and the Hindu'Marriage Act, 1955.
13r; it enacted by Parliament in the Fifty-fourth Year of the Republic of India as
follows:--
CHAPTER I
PRELIMINARY
1. This Act may be called the Marriage Laws (Amendment) Act, 2003.
CHAPTER II
J AMENDMENTS TO TIlE SPECIAL MARRIAGE ACT, 1954
2. In the Special Marriage Act, 1954 (hereinafter referred to as the Special Marriage 43 of 1954.
Act), in section 31, in sub-section (I), after clause (iii), the following clause shall be
inserted, namely:-
"Uiia) in case the wife is the petitioner, where she is residing on the date of
presentation of the petition; or".
J. jn section 39 of ine Spt:l;i<li Ml1l1il1gt: Ad, iii ~ub-5ectii:m (4), for the -""oids
"period of thirty days". ti,le words "period of ninety days" shall be substituted.
CHAPTER III
AMENDMENTS TO Tim HINDU MARRIAGE ACT, J 955
4. In the Hindu Marriage Act, 1955 (hereinafter referred to as the Hindu Marriage' 25 of 1955.
Act), in section 19, in sub-section (1), after clause (iiI); the following clause shall be
inserted, namely:-
"(iiia) in case the wife is the petitioner, where she is residing on the date
of presentation of the petition, or".
S. III section 28 of tile Hindu Marri3ge Act, in sub-section (4), for the words
"period of thirty days". the words "period of ninety days" shall be substituted.
'}v
:JA~vn c,,11J~ (-/
I+~ TO f... E(l,
.
I
CHD. ADMN. G'AZ. (EXTRA). MARCH 24, 2004 (CHAlTRA 4, l926 SAKA)
232
Repeal and 3. (I) The! Prevention of Terrorism (Amendment) Ordinance, 2003. is hereby 0rd.
saving. repealed. ' 4 of 2003.
(2) Notwithstanding such repeat, anything done or any action taken under the Prevention
of Terrorism Act, 2002, as amended by the said Ordinance, shall be deemed to have been 15 of 20024
done or taken under the said Act, as amended by this Act.
[Aseented to on 23rd December, 2003
Act No. 50 of 2003]
THE MARRlAGE LAWS (AMENDMENT) ACT, 2003
AN
ACT
further to amend the Special Marriage Act, l954 and (he Hindu'Marriage Act, 1955.
BE it enacted by Parliament in the Fifty-fourth Year of the Republic oflndia as
follows:———
CHAPTER!
' PRELIMINARY
Short ring. 1. This Act may be called the Marriage Laws (Amendment) Act, 2003.
CHAPTER“
, AMENDMENTS ro THE SPeCtAL MARRIAGE ACT, 1954
Amendment 2. In the Special Marriage Act, 1954 (hereinafter referred to as the Special Marriage 43 of me
of section 31.
Amendment
0 |' section 39.
Amendment
of section l9.
Amendment
of section 28.
Act), in section 31, in sub-section (I), after clause (iii), the following clause shall be
inserted, namely——
“(iii/J) in case the wife is the petitioner, where she is residing on the date of
presentation ofthe petition; or”.
3. in seetion 39 of the Speeiai Marriage Act, in sub-section (4), for the word
“period of thirty days”, the words “period of ninety days” shall be substituted.
CHAPTER III
AMENDMENTS To me HtNDU MARRIAGE ACT. 1955
D
4‘ In the Hindu Marriage Act, 1955 (hereinafter referred to as the Hindu Marriage [2.5 of 1955.
Act), in section 19, in sub-section (1), after clause (iii), the following clause shall be
inserted, namely:—~
“(iiia) in case the wife is the petitioner, where she is residing on the date
of presentation of the petition, or ”.
5. In section 28 ofthc Hindu Marriage Act, in sub-section (4), for the words
“period of thirty days", the words “period of ninety days" shall be substituted.
799717 9””0'”
[$1770 IZEIL
CHD, ADMN. GAZ. (EXTRA.), MARCH 24, 2004 (CHAITRA 4, 1926 SAKA) 233'
CHAPTERIV
Shorl title nnd .
commcncc·
mcn!.
.Amendmcnt
or section lO.
AMENDMENTS TO TIlE INCOMj AX AC:, 196 I
2: In sectio~ 10 ofthe.lncome-tax Act, 1961(hereafter.in this Chapter referred to as the
Income-tax Act), In clau.sc (/5),-' I···.· .
(A) after sub-clause (iiio), the following suj>-cla!1se shall be inserteq an~ shall!,e
deemed to ~ave beer jl)sel1e~ ~it!t .e,l~ from the 'l~t d~~ o~Ap,ril, 2QOI, name,y:-
"(I/ib) Interest payable to Ire Nordic lnvestment Bank. being a ';tlultllateral
finuncial institution constitut aby ~e (Jovemme"ls ofQenmark. Fi"lan~, Icel~nq.
Norway ~nd Sweden, on lloan advanced by 'i~ to a projec. approved by~he
Central Government in te S ofthe Meliloran4~m ofUnderstanding entered into
by the\~enp-al (lovern ,ent with ma! ~an~ o~ #Ie 2St~1 dar <>f Noye'!lper. 19.~~;";
(B) in sub-clause (iv ,-
(a) in item , tlJe existing Explanation s~a!! be nWTlbere~ as Explanation I
thereof and after EXplanation I as so num~red, t~e follow!ng Explanation
shall be insert]. and shalfbe deemed to have been inserted with effcrct from the
1st day ofApll, 1962, na!'Jle1y:- . .
"Ex .ana/ion 2,-For the removal ofdoubts, it is hereby declared that the
u,sance inerest Bayable outside ~ndia by.an u,!~ertaki~g ~ngaged in the ~usineS$.,
of ship- reat<iJlg i!1 respect of purchase of ~ 5~lp ~rolTl outside I!ldia shall pe.
deeme8 to-~ the' interest payable on a deb, Incu~d in Ii foreign cou!1try j~.
respeft of tne purchase outside In~ia;";' . I . "
. (b) in the Explanation j occurring below item (I), after clause (d), the.
f~ lowing clause shall pe !nserte~ and s~all 1>0 deemed to ~ave peen !nserted '
with effect from the 1st day ofApr!I, 1991,n~e!y:- .
U(da) the business of ship.breaking; or".
MISCELLANEOUS
6. All decr.ees and orders made by the court in any proceedings under th~ Special Transitory
Marriage Act or the Hindu Marriage Act shall be governed under the provisions provision.
contained in section 3 or section 5, ~s the c~e may be, as if this Act came into operation
at the time of the institution of the suit:
Provided that nothing in this section shall apply to a decree or order in which the
time for appealing has expired under the SpeCial Marriage Act or the Hindu Marriage
Act at the commencement of this Act.
[Assented to on 30th December,' 2003
Act' No. 54 of 200$] .
THE TAXATION LAWS (AMENDMENT) ACT, 2003
AN
ACT
}itrther 10 amend the Income-lax Act, 1961, Ihe Wealth-tax Act, 1957 a tithe
Expenditure-lax ACI, 1987.
'. ;J, .
BE it enacted by Parliament in the Fifty.fourth Year of the ~
follows:-
CHAPTER I
.PRELIMINARY.
1. (/) This Act mny. be culled the Taxation Laws (Am dment) Act, 2003.
, ..'
(2) Save as otherwise provided in this Act, it shall b i:ieemed to have come into force
on the 8th day ofSeptembcr, 2003. .
.CHAPTER II
'.
4) ofJ96 I.
1S--
~fI>" n Sf Ne-, tf
P6po 'tr;~
CHD ADMN- GAZ (EXTRAH) MARCH 24, 2004(CHAITRA4, 1926 SAKA) 233-
CHAPTERIV
MISCELLANEOUS
6 All decrees and orders made by the court 1n any proceedings under the Special Transitory
Marriage Act or the Hindu Marriage Act shall be governed under the provisions ,pmmi‘m‘
contained' in section 3 or section 5, as the case may be, as if this Act came into operation
at the time of the institution of the suit: '
Provided that nothing in this section shall apply to a decree or order in which the
time for appealing has expired under the Special Marriage Act or the Hindu Marriage
Act at the commencement of this Act.
[Assented to on 30th December; 2003 -
Act No. 511 of 2003] ~
THE TAXATION LAWS (AMENDME‘IT) ACT. 2003
AN
ACT
juriher to amend the Income-lax Act, 196i, the Wealth-laxAcI, 1957 1111/ the
Expenditure-tar Act, i987. '
BE it enacted by Parliament in the Fifiy~fourth Year of the Republic of india as
follows: -—
CHAPTERI
PRELIMINARY
t. (I) This Act may. be called the Taxation Laws (Amendment) Act, 2003. ‘ Short title and
commcncc- ,
(2) Save as otherwise provided' 1n this Act, it shall be deemed to have come into force mm
on the 8th day ofScptcmbcr, 2003.
. CHAPTER ll
AMENDMENTS to me iNCOME-TAX Acr, I961 .
“’3 0‘19!) I. - 2. In section 10 ofthe income-tax Act, l96i (hereafter in this Chapter referred to as the A me nd 111cm
I Income tax Act), In clause ( I 5), ’ . 01‘ section 10.
(A) after sub-clause (iiia), the following sub-clause shall be inserted and shall be
deemed to have been inserted with effect from the 1st day oprrit, 2001, namely: ~—
“(llib) interest payable to the Nordic investment Bank. being a multilateral
financial institution Constituted by the Qovemments of Denmark Finland, lceland,
Norway and Sweden. on a loan advanced by it to a project approved by the
Central Gov‘emment 1n terms of the Memorandum of Understanding entered Into
by the Central Government with that Bankon the 25th day of November l9,_86;”; _
(B) in sub— clause (iv),—
(a)' 1n item (c), the existing Explanation shall be numbered as Explanation l
thereof and after Explanation i as so numbered, the following Explanation
shall be inserted and shall be deemed to have been inserted with effect from the
lst day of Apnl l962, namely: —
“Explanation 2 -——-For the removal of doubts, It is hereby declared that the
usance interest payable outside India by an undertaking engaged' in the business _. -
of shipzbreakin'g in respect of purchase of a ship from outside indie shall be;
deemed to 6’ the interest payable on a debt incurred in a foreign country in. .
respect of the purchase outside india;";
([2) 1n the Explanation l occurring below item (1), alter ciause (d), the ;
following clause shall be inserted and shall be deemed to have been inserted ‘
with effect from the lat day of April l99l, namely: —-
“(110) the business of ship-breaking; or" .
’4}
finger-r SINQH
159701152
...
GOVERNMENT OF INDIA
(banbigarb ~bministration ~a~tttt
Publ i.hed by Authority
CHANDIGARH, TUESDAY, MARCH 1, 1983 (PHON. 10,1904 SAKA)·
( 9 )
PART n
IN mE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Correction Slip
High Court Rules and orders Volume JI (1979 Edition)
CHAPTER 3-e
The 5th January, 1983
Correction sUp No, 75 Rules/II. D. 4.-Thc ~~:'lo::~~han be substituted for the oxisting not6
~bc~w rule 5, Chapter 3-C, Volume V of tho Higheo~s artd ·ordere, X namely: -
Nore.-The duties assigned to the R rar or the Deputy Registrar in tho various chapters ot
l his volume may be perfo by an officer not below tho rank of an Assistant Regi.trar
empowered to do so 0 Chief Justice.
Tho 17th January, 1983
t,v· No. GSR/C.A. 5/H08/R.l.l~.lV/V.j83-ThefoUowing amendment in tho provitloDl of dJe: ~;:::!~'t
tunt Schedule to the Code of em) Procedure (Act No. V. of 1908) which abo Hlp Court of PuJ&b .;'.
:;ind Haryana· at Chandfgarh, after previoul publication of tho dral'& thereof in tho (iazettol of PuQJab,
,Raryana and Chandigarb Administration, under notification No. 361, Rule./XI.Y., dated 7th November. .
~98J, and with previous approval of the State Govornment of Punjab, H'aryau and tho ChandijArb
t\~ministration, are hereby published for general information under the provi.ioM of SectiOD 127 of the
~d Code: •
1 ORDER IV
•'Sub-rule (2) of rule I of Order IV of the Code of Civil Procedure inserted by tho Hip Com
shall be deleted and sub-rule (3) of Rulo I of Order IV shall be renumberod al .Iub-rule (2)
ORDER V
"Sub-rule (2) of rule I of Order V of the Codo of Civil Procedure insertocl by tho Hip Couri
shall be deleted and IUb-rules (3) and (4) shall be rtn~ a. IUo.rwet (2) and (3)
respectivel)',t' .. . .
. . . B)' order of Hon'!* the Chief lU1tioo. 'lIdJDI.. . .'
-R. C. KA.TBt1IUA,
Deputy :R~(1t.),.
lo'~, ''''.
The 4th February, 1983
No. 13 E.I./V. A. 4.-Shri Narendra Sinlh Rao ha9 assunnd the ChatfOd 0 th' otrioe ot tU
'" strat, Hish Court otPunjab aDd Haryaoa at Chindi,arh. on tho forenoon 0 2Cl Fobruary., 1983. .
By Order of H n'ble tho Cbl.r Jul1i••
. R. TRIKBA.
ty R.eaistrar (JadkUJ)
/iI' J{eJistrar.
-:J..s,
(J1J'f;ir f>/NgH
UJ,..1Qt-fl-
GOVERNMENT OF INDIA .
dbanbigarb thinistration @asrttt
Pulilished by Authority
“5:531 CHANDIGARH, TUESDAY, MARCH 1, 1983 (PHGN. 10.1904 SAKA)‘
firm.» ., . «w-w sc- - —~~vr- _.._,... -~~- ~- . w»‘.—-H— V"... . . .~ -1 .__.~__......———..
PART II
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Correction Slip '
High Court Rules and. orders Volume V (1979 Edition)
CHAPTER 3-0
The 5th January, 1983
Correction slip No. 75 Rules/II. D. 4.——The following hall be substituted for the existi note
éholow rule 5, Chapter 3-C, Volume V of the High CoWd Orders, X namely: -- n8
Nora—7Tb: duties assigned to the R rat or the Deputy Registrar in the various chapters of
lhls volume may be rfo by an officer not below the rank of an Assistant Registrar
cmpoWercd to do so e Chief Justice. »
The l7th January, 1983
“5‘ v No. GSR/C.A. 51908/R.l/0.IV/V./83-—The following amendment in the provisions of the
slim Schedule to the ode or cm: Procedure (Act No. V.of 1908) which ole High Court or moat»-
find Haryana- at Chandigarh. after previous publication of the draft thereof In the Gazettes of ab.
gRaryana and Chandigarh Administration, under notification No. 361,. Ruler XI.Y., dated 7th Novem .
.l981, and with previous approval of the State Government of Punjab. argue and the Chandi rlt
deministmtion, are hereby published for general information under the provisions of Section 127 o the
lurid Code: .
(Lari?
l <
ORDER XV
“Sub-rule (2) of rule I of Order IV of the Code of Civil Procedure inserted by theHizh Court
shall be deleted and snb~rule (3) of Rule l of Order [V shall be renumbered at mil-rule (2)
annex v
"Sub-rule 2) of rule I of OrderV of the Code of Civil Procedure inserted by theHigh Court
shall be elated and sub-rules (3) and (4) shall be renumbered as sub-rule! (2) and (3)
l .n . ' I
renew 3, 0mm gamma Chief MM 3““
19.. C. “THUR“! \
D0 R (Rube). '
' myfarme ' " I,
The 4th February. 1983
_ No. 23 12.1. V. A. 4.--Shri Narendra Sinah Rao has assumed the char edo the office of the
M’mf. High Court/ofPunjab and Heryana at Chandigarh. on the forenoon of“ February, 1983. '
By Order of n n’ble the Chief Jaedee.
.11. mm. '
Regime: (Judicial)
or existrlt.
3
P6» : am (9) “$7 was
- pawl/EL
Q
;,;part . II)
CHD. ADMN GAZ.,APRIL 1, 2000 (CHTR 12, 1922 SAKA)
[Assented to on 30th December. 1999
Act No. 46 of 1999J
THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999
AN
ACT
further· to amend tlte Code of Civil Procedure, J908, the Limitatioll ACl, 1963'
and the Court Fees Act, 1870.
BE it enact~d by Parliament in the Fiftielh Ye~roftbe Republic ofIlldia as follows:.-
CHAPTER J
PRELlML'iARY
1. (1) This Act may be called the Code of Civil hoc·cdure (Amendment~Act, 1999,
(2) It shall come into force on such date as the Central Government may, by·
n~tification in the Official Gazette, appoint. and different da!es may be lippointed for
dIfferent provisions of this Act and for different· States ·or for different parts thereof.
CHAPTER II
AMENDMENT OF SECTIONS
Short tille and
commencement.
5 of 1908. 2. In the Code of Civil Procedure, 1908 (hereinafter referred to as the principal Amendment of
Act), existing s-::ction 26 shall be re-numbered as sub-sectiqn (1), and aft~r sub-section section 26.
(I) as so renumbered, the following sub-section shall be inserted, namcly:-· .
"(2) In every plaint, facts shall be proved by affidavit. ",
3. In section 27 of the principal Act, the following 'words shall be inserted at the Amendment of
end, namely:- section 27.
"on such day not beyond thirty days from date of the institution of the suit",
4. In section 32 of the principal Act, in clause (c), for the words "net exceeding ij ve
hundred rupees':' the words "not exceeding five thousand rupees" shall be substituted.
5. In section 58 of the principal Act,-
(i) in sub-section (1),-
(a) in clause (a), for the words "one thousa,nd rupees". the words "fjve
thousand rupees" shall be substituted;
(b) for clause (b), the following clause shall be substituted, nar,ncly:-
"(b) where tlie decree is for the payment of a sum of money
exceeding two thousand rupees, but not exceeding five thousand rupees,
for a period not exceeding six weeks;";
(ii) in sub~section (lA), for the words "fiye hundred rupees", the words "two
thousand rupees" shall be substituted.
6. In section 60 of the principal Act, in the first proviso to sub-section (1), in clause
(i), fo, the words "four hundred rupees", the words "one thousand rupees" shall be
substituted.
. 7. In the principal Act, after section 88, the follOWing section shall be inserted,
n~eJy:- . ,
"89. (I) Where it appears 10 the court that there exist elements of a settlement
which may be acceptable to the parties, the Court shall formulate' the terms of
settlement and give them to the parties for their observations and after Teceiving the
Amendment of
section 32.
Am~ndment of
section 58.
Amendment of
section 60.
Insertion of
new section 89.
Settlement of
disputes
outside tile
Court.
figPart 11]
cup. ADMN GAZ., APRIL 1, 2000 (CHTR 12, 1922 SAKA) 77
5 of 1908‘
[Assent‘ed to on 30th December, 1999
Act No. 46 of 1999]
THE )CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999
AN
. ACT
, further'to amend the Code of C t'vi/ Procadure‘, 1908. file Limitation Act. 1963'
and the Court Fear Act, 1870.- '
Br. it enacted by Parliament in the Fifticth Year ofthe Republic of India as follows:———
CHARTER I
PRELIMINARY
1. (I) This Act may be called the Codeiof Civil Procedure (Amendment) Act, 1999. Shomme and
. . - _ Commencement.
(2) It shall come into force on such date as the Central Government may. by
notification in the Official Gazette, appoint. anddifferent dates may be appointed for
different provisions of this Act and for different'States‘or for different parts thereof.
CHAPTER II
AMENDMENT or secrtons
2. In the Code of Civil Procedure, 1908 (hereinafter referred to as the principal Amendment of
Act), existing section 26 shall be re—numbered as sub-section (1), and after sub—section ”Grim? 25- ‘
(I) as so renumbered, the following sub-section shall be inserted, namely:—-—
“(2) In every plaint, facts shall be proved by affidavit".
3. In section 27 of the principal Act, the following 'words shall be inserted at the Amendmm of
- section 27.
end. namely:—
"on such day not beyond thirty days from date of the institution of the suit".
4. In section 32 of the principal Act, in clause (c), for the words "not exceeding five Amendment of
hundred rupees", the words "not exceeding five thousand rupees" shall be substituted. section 32‘
Amendment of
5. In section 58 of the principal Act.—-—
section 58.
(i) in sub-section (1),-
(a) in clause (a), for the words "one thousand rupees", the words "five
thousand rupees" shall be substituted;
(b) for clause (b). the following clause shall be substituted; namely——
"(17) where the decree is for the payment of a sum of money
exceeding two thousand rupees, but not exceeding five thousand rupees,
for a period not exceeding six weeks:";
(ii) in sub—section (1A). for the Words "five hundred rupees", the words "(v.10
thousand rupees" shall be substituted. '
6. In section 60 of the principal Act. in the first proviso to sub-section (1 ), in clause Arncndmam of
(i). for the words "four hundred rupees". the words "one thousand rupees" shall be section 60:
substituted.
7. In the principal Act, after section 88, the following section shall be inserted, Insenion of
namely ‘——— new section 89.
"89. (1) Where it appears to the court that there exist elements of a settlement Ssflicmcntof
which may be acceptable to the parties, the court shall formulate the terms of 2:33;?“
settlement and give them to the parties for their Obsflvations and after receiving the Com
7),
7.99m 9N0!”
tarot-’54
78 CHD. ADMN GAZ., APRIL 1, 2000 (CHTR 12, 1922 SAKA) . [Part II
observations of the parties, the court may reformulate the terms of a possible
settlement and refer the same for- .
(a) arbitration; .
(b) conciliation;
(c) judicial settlement including selllemenr through Lok Adalat; or
(d) mediation.
(2) Where a dispute has been referred-·
.(a) for arbitration or conciliation, the provisions of the Arbitration and
Conciliation Act, 1996 shall apply .as if the proceedings for arbitration or . 26 of 1996..
conciliation were referred for settlement under the provisions of that Act;
(b) to Lok Ad~lat, the court shllll refer. the same to the Lok Adalat in .
accordance with the·provisions of sub-section (I) of section 20 of the Legal
Services Authority Act; 1987 and all other provisions of that Act shall apply 39 of 1987.
in respect of the dispute so referred to the Lok Adalat;
(c) forjudicial settleme~t, the court shall refer the same to a suitable institution
or person and such institution or person shall be deemed to be· a Lok Adalat and
all the provisions of the Legal Services Authority Act, 1987 shall apply as if 390fl987.
the dispute were referred. 'to a Lok Adalat under the provisions of that Act;
(d) for mediation. the C\?UIt shall effect a compromise between the
parties and shall fonow such procedure as may be prescribed....
"WOk Notwithstanding anything contained in any Lertl:r.c; Pllient for any.
. High Court or in any ether instrument having the rort;e of ia\.v or in any. OL~er ia\v
for the time being in force,-
(a) where any appeal from an original or app\:l1ate decree or order is
heard and decided,
(b) where any writ. direction or order is issued Of made on an application
under arLicle 226 or article 227 of the Constitution.
~.~ fr...!!thpr
:lppeai. in.
cenal.. cases.
Ametldmentof 8.1n section 95 of the principal Act, in sub-section (1), for the words "not exceeding
seclion 95. one thousand rupees", the words "not exceeding fifty thousand rupees" shall be substituted..
Amendment of . 9.1n section 96 of the principal Act. in sub-section (4), for the words "three thousand
~ection 96. rupees", the words "ten thousand rupees" shall be substituted.
Substit\ltion of 10. For section JGOA of the principal Act, the following section shaH be substituted,
newsectionfOr.namely:_· ;.
seCUOD 100-\. , ..
"102. No second appeal shall lie from any decree, when the' amount or value
of the subject-matter of the original suit does not e)':.ceed twenty-five "thousand
. .' .'
rupees ....
12. In section r15 of the principal Act. in sub"section (1),-
(i) for the proviso. the following proviso shall be substituted, namely:-
"Provided that the High Court shall not. under this section. vary or·
reverse any orde( made, oLjlny order deciding an issue, in the course of a suit
or other proceeding, except where the order, if it had been made in favour of
the party applying for revision, would have finally disposed of the s)lit or.
other proceedings:';
..... mendmentof·
section 1\5..
by a single Judge of a High Court, no further appeal shall lie fro~ the judgment,
decision or order of such Single Judge.". .
Substitution of. 11. For section 102 of the principal Act. the following section shall be substituted.
II~" section for namelv:-
section 102. •
;'0 $Ccond
appeal in
.ten.:lin cases......
78 CHD. ADMN GAZ., APRIL 1, 2000 (CHTR 12, 1922 SAKA)’ .VIPart ll
g observations of the parties, the court may reformulate the terms of a possible
settlement and refer the same for— ‘ I
(a) arbitration; '
(b) conciliation;
(c) judicial settlement including settlement through Lok Adalat; or '
(di mediation. ‘ i
(2) Where a dispute has been referred--
.(a) for arbitration or conciliation, the provisions of the Arbitration‘and. -
Conciliation Act, l996 shall apply ,as if the proceedings for arbitration or ' 26 of 1996.-
conciliation were referred for settlement under the provisions of that Act;
(b) to bolt Adalat, the court shall refer the same to the Lok Adalat in . .
accordance with the-pr0visions of sub-section (1) of section 20 of the Legal
Services Authority Act,’ 1987 and all other provisions of that Act shall apply 39 of 1987-
in respect of the dispute so referred to the Lok Adalat;
(c) for Judmtal settlement, the court shall refer the same to a suitable instituuon
or person and such institution or person shall be deemed to be a Lok Adalat and
all the provisions of the Legal Services Authority Act. 1987 shall apply as if ‘39 of 1987.
the dispute were referred to a Lok Adalat under the provisions of that Act; :
(d) for mediation, the court shall effect a compromise between the
parties and shall follow such proCedure as may be prescribed“. '
Amendmentof 8. in section 95 of the principalAct, in sub-section (1), for the words "not exceeding
5mm" 95' one thousand rupees", the words "not exceeding fifty thousand rupees" shall be substituted. .
Amendment“ . , 9. In section 96 of the principal Act. in sub—section (4), for the words "three thousand
“mo“ 96‘ rupees", the words "ten thousand rupees" shall be substituted.
Substitution“ 10. For section lOOAof the principal Act, the following section shall be substituted
‘ i new sectionufor name! __ .
section lOOA Y1 ‘ _ . ‘ '
tygrunm " 100A. waithstandtng anything contained m any Letters Patent for any
1999114” I 'High Court or in any other instrument having the force of law or in any other law
mm,“ “5% for the time being in force,———
(a) where any appeal from an original or appellate decree or order is
heard and decided
- (b) where any writ, direction or order is issued or made on an application
, under article 226 or article .227 of the Constitution,
b} a single Judge of a High Court no further appeal shall lie from. the judgment,
decision or order of such Single Judge".
ggubsmutton of- 11. For section 102 of the principal Act the following section shall be substituted
nexx section for namelv.~—
section l02. '
No second ’.‘102 No second appeal shall lie from any decree, when the amount or value
“Pt-“33““ , . - of the subiect-matter of the original suit does not exceed twenty-five thousand
certain cases. rupees."
Amendmentof' _ . ' '-
section 115. ‘ 12. In section MS of the prtnCipal Act. in subsection (1),—
(0 for the proviso, the following proviso shall be substituted, namely:—
"Provided that'the High Court shall not. under this section, vary or
reverse any order made, or any order deciding an issue, in the course of a suit
or other proceeding, except where the order, if it had been made in favour of
the party applying for revision xould have finally disposed of the suit or
other proceedings.‘ ; '
709:1” 9’”
remote"
'"1-. ~t II] CHD. ADMN GAZ. f APRIL 1, 2000 (CHTR 12, 1922 5AKA)
(if) after su b-section (2), but before the Explanation, the following. sub-section
shall be inserted, namely:- .' . .
. "(3) A revision shall not operate as a stay of suit or other proceeding
b~foTe tbe Court except where such suit or other proceeding is stayed by the
HIgh Court.". .
7rt
13. In section 148 of the principal Act, after tpc words "such period.", the words Amendmenlof
H, not exceeding thirty days in total," shall be inserted. section J48.
CHAPIERID.
AMENpMENT OF ORDERS
14. In the First Schedule to the principal Act (hereinafter referred to as the r:irst A.'l1endment of
. Schedule), in Order IV, in rule 1,- OrderlY.
(i) in sub-rule (1), for the words' "plai~(lo the COurt", the words '''plaint in
duplicate to the Court" shall be substituted;
(lI) after sub-rule (2), the following sub-rule shall be inserted. namely:- '-
"(3) The plaint shall not be deemed to be duly instituted unless it
complies with the requirements· specified in sub-rules (1) and (2)....
IS. In the First Schedule, in Order '1.-
(i) in rule I, for sub-rule (1), the following shall be substituted, namely:-
"(1) When a suit has been duly instituted, a summons may be issued to
the defendar.t to appear and answer the claim and to file the' written statement
of his defence, if any,,on such day within thirty'days from the day of institution
of the suit as .maY be specified therein:
Provided that no such summons shall be issued when a defendant has
appeared at the presentation of the plaint and admitted the plaintiffs claim:
Provided further that where 'the defendant fails to' file the written
statement on the said day, he shall be allowed to file the 'samo on such other
day which shall not be beyond thirty days from Ihe date, ofservice of summons'
011 i.iJ~ l.k1~nJam, as lilt; l.'UlU1 may LhinK iir.";
(ii) for rule 2, the following shall be substituted. namely:-
"2. Every summon shall be accompanied by a copy of the plaint.";
" ~ .
. (iii) in rule 6, for the words ":for the appearance of the defendant", the words,
brackets and figures "under SUQ~rule (1) of.:u1e 1" shall b.e subs.tituted;
(iv) in rule 7, for the words "all documents", the words, figure and letter "all
documents or copies thereof specified in rule lA of Order YIn" shall be substituted;
(v) for rule 9. the following rules' shall be substituted, namely:-
_ "9. (1) The court shall issue summons and deliverthe same to the plaintiff
or his agent, for service, and direct the summons to be served by registered
post acknowledgment due or by speed post or by such courier service as may
be approved by the High Court or by fax message or by Electronic Mail Service
or by such other means as the High Court may prescribe by rules, addressed to
the defendant to accept the service at the place where the defendant or his
. agent actually and voluntarily resides or carries on business or personally
worJcs for gain.
(2) The plaintiff or his agent shaH send the summons by any means as·
directed 'by the court under sub-rule (1) within two days from the delivery of
summons to the plaintiff by the court under that sub-rule:' ..
Amendment of
. OrderV.
Copy ofplaint
annex.ed [0 .
-mIDmOIlS.
Del;veryof
'summons to' the
plamtifforhis
agent.
I". gt II] CHD. ADMN GAZ. , APRIL l, 2000 (CHTR 12, 1922 SAK-A) 79
(11) after sub- section (2), but before theExplanauon the following sub-section V
shall be inserted, namely: —
'(3) A revision shall not operate as a stay of suit or other proceeding
before the Court except where such suit or other proceeding 15 stayed by the
High Court. "
13. In section 148 of the principal Act. after the words "such period", the words Amendmentof
,not exceeding thirty days in total," shall be inserted. . ~ section 148‘
CHAP I'ER Ill .
AMENpMENr or ORDERS
14 In the First Schedule to the principal Act (hereinafter referred to as the First Amendment of
Schedule), in Order IV, in rule 1 —— Ordeer.
(i) in sub-rule (1), for the words"'plaii1:t._,to the COurt", the words‘"plaint in
' duplicate to the Court" shall be substituted;
(in after sub-rule (2), the following sub-rule shall be inserted, namely:—- "
"(3) The plaint shall not be deemed to be duly instituted unless it
complies with the requirements-specified in sub-rules (I) and (2).".
15.111 the First Schedule, in Order v‘,—— ' ' Amendment of .
‘ ' OrderV.
(1') in mile 1, for sub-rule (1), the following shall be substituted, namely-—
"(1) When a suit has been duly instituted, a summons maybe issued to
the defendant to appear and answer the claim and to file the‘written statement
of his defence, if any,_on such day within thirtydays from the day of institution
of the suit as may be specified therein: ,
' Provided that no such summons shall be issued when a defendant has
' appeared at the presentation'of the plaint and admitted the plaintiffs claim:
Provided further that where the defendant fails to 'file the written
statement on the said day, he shall be allowed to file the same on such other
day which shall not be beyond thirty days from the date of service of summons'
on the defendant, as the cottn may think fit.’=;
(ii) for rule 2, the following shall be substituted, namely:—
"2. Every summon shall be accompanied by a copy of the plaint.“; Copyofpiajm '
annexed to '
—sum.mons. _
. (iii) in rule 6 for the words 'for the appearance of the defendant", the words
brackets and figures ”under sub~rule (I) of rule 1" shall be substituted;
(iv) in rule 7, for the words' 'all documents" , the words, figure and letter "all
documents or copies thereof specified in mle 1A of Order VIII" shall be substituted;
(v) for rule 9. the following rules'shall be substituted, namelyz~
‘ '.'9 (I ) The court shall' 1ssue summons and deliver the same to the plaintiff Delivery of
or his agent for service, and direct the summons to be served by registered summs 2th" '
post acknowledgment due or by speed post or by such courier service as may if; m s
be approved by the High Court or by fax message or by Electronic Mail Service ' ‘ ‘
or by such other means as the High Court may prescribe by rules, addressed to
the defendant to accept the service at the place where the defendant or his
i agent actually and voluntarily resides or carries on business or personally
' works for gain.
(2) The plaintiff or his agent shall send the summons by any means as,
directed by the court under sub-rule (1) within two days from the delivery of‘
summons to the plaintiff by the court under that sub—rule." '
:1 697” smash!
LES Told"
80 CHD. ADMN GAZ., APRIL 1, 2000 (CHTR 12, 1922 SAKA) [Pa~t
Simultaneous
issue of
summons for
5eTyjC'; uy the
COUI1
controlled
process.
(3) When an acknowledgment or any othet receipt purporting to be
signed by the defendant or his agent received by the court or postal article
containing the summons is received back by the court with an endorsement
purporting to have been made by a postal employee or by any authorised
person tei the effect that the defendant or his agent had refused to take delivery
of the posu\I article containing the summons orrefused to accept the summons.
by any other m~ans specified in sub-rule (1). when tendered or transmitted to"
bim the court issuing the swnmon shall declare that the summons had been
duly .served on the defendant: .
Provided that summ0ns was properly addressed, pre-paid and duly sent
by registered post acknowledgment due, the declaration referred to in this
sub-rule shall be made notwithstanding the fact that the acknowledgment
having been lost or,misl!":' J" for any other reasons l1as not been received by
the court on the date fil..~ by it .
.. , 9A. (1) The court may_ in addition to, and simultaneously with the
delivcry of summons for service to the plaintiff as provided in the manner
provided in rule 9, may also direct that summons to be served on the defendant
or his agent empowe.red to accept the service at the place where the defendant
or his agent actually and voluntarily resides or carries on business or personally
works for gain.
(2) The summons shall. unless the court otherwise direct. be delivered
or sent to the proper officer in such mllnncr as may be prescribed by the High
Court to be. sen'cd by him or one of his' subordinates,
(3) The .proper officer may he an officer of the court other than that in
which the suit is instituted, and ,,'here he is such an officer, the summon may
be sent to hirr. iil such manner as tlle lourt may direct.
(4) The proper officer may serve the summons by registered post
acknowledgrr.ent duc. by S!lCed por,r, by such courier service as may be approved
by the High Court, by fax mes~age_ by Electronic Mail service or by such
other means as may be pro I'ide? by the rules made by the High Court.";
... ,
(vi) rule i 9A shall be omitted:·
(vii) in rule 21. for the ,\"ord~ "or by po.'>t". the words "or by post or by such
courier service as m;:y be approved by thc High Court. by fax message or hy Electronic
Mail service Of by ?ny other mean, a~ .may h~ provided by the mies made hy the
. High Court" shall be substituted:
(viii) in ruie 2~. for the words "by POSl or otherwisc", the words "or by post or
by such courier seryice as may be appro\'ed by the High Court, by fax message or by
Eicctronic Mail scrvice or by any other means as may by provided by the rules
made by the High Court" shall be suhstituted:
(ixHn rule 25, for the words "by post". the words "or by post or by such
courier service as may be appro\"t':d by the High Court. by fax message or by Electronic
Mail service or by any othcr means as may be .provided by the rules made by the
High Court" shall be substitutcd.
Amen<lmcmof ,16. In the First Schedule. in Order Vl,-
OrderVL
(i) rule 5 shall be omittt;d; .-
(ii) in rule 15. after sub-rule (3). the following. sub-rule shall be inserted,
namely:-.
"(4) The person verifying the pleading shall also furnish an affidavit In
supp.on of hi, pleadings.":
(iii) rules 17 and j 8 shaH be omitted.
80
can. ADMN GAZ., APRIL 1, 2060 (CHTR 12, 1922 SAKA)
l Part
——----f-9--—-——-—~————n——7————1—_—————n—_——na——..—¥___h._-—____———————————q—__—n__—_——~———.————_—___—______,
Simultaneous
issue of
summons for
sen'ice by the
coun
controlled
process.
Amendment of
Order Vlr
(3), When an acknowledgment or any other receipt purporting to be.
signed by the defendant or his agent received by the court or postal article .
containing the summons is received back by the court with an endorsement
purporting to have been made by a postal employee or by any authorised
person to the effect that the defendant or his agent had refused to take delivery
bf the postal article containing the summons or'refused to accept the summons.
by any other means specified in submle (I). when tendered or transmitted to’
him the court issuing'the summon shall declare that the summons had been
duly served on the defendant: ‘ '
Provided that summons was properly addressed, pre-paid and duly sent
by registered post acknowledgment due, the declaration referred to in this
sub-rule shall be made notwithstanding the fact that the acknowledgment
having been lost or,mislrt‘ .n' for any other reasons has not been received by
the court on the date fimd by it. '
’ ' ' 9A. (1 l The court may. in addition to, and simultaneously with the
delivery of summons for service to the plaintiff as provided in the manner
provided in rule 9, may also direct that summons to be served on the defendant
or his agent empowered to accept the service at the place where the defendant
or his agent actually and voluntarily resides or carries on business or perSOnally
works for gain.
(2) The summons shall. unless the court otherwise direct. be delivered
or sent to the proper officer in such manner as may be prescribed by the High
Court to be served by him or one of his‘ subordinates.
(3) The proper officer may he an officer of the court other than that in
which the suit is instituted, and where he is such an officer, the summon may
be sent to him in such manner as the court may direct.
(4) The proper officer may serve the summons by registered post
acknowledgmcntduc. by speed post, by such courier service as may be approved
by‘ the High Court. by fax message. by Electronic Mail service or by such
other means as may be proridedc‘by the rules made by the High Court.";
(vi) rule i9A shall be omitted:
(vii) in rule 21‘ for the words "or by pom", the words "or by post or by such
courier service as may be approved by the High Court. by fax message or by Electronic
Mail service or by any ether means as may he provided by the rules made by the
High Court" shall be substituted:
(viii) in rule 24. for the war 5 "by post or otherwisc", the words "or by post or
b)’ SUCh GOUIier 8631:: as may be approved by the High Court, by fax message or by
Electronic Mail service or by any Other means as may by provided by the rules
made by the High Court" shall be substituted:
' (it) in rule 25, for the words "by post". the words "or by post or by such
courier service as maybe approved by the High Court, by fax message or by Electronic
Mail service or by any other means as may be provided by the rules made by the
High Court" shall be subsritutcd.
_16. tn the First Schedule. in Order v1,—‘
(1') rule 5 shall be omitted; /
(ii) in rule 15. after sub-rule (3). the following. sub—rule shall be inserted,
namely:—-
"(4) 1h: person verifying the pleading shall also furnish an affidavit in
support of his pleadings":
(iii) rules 17 and i8 shall be omitted.
:1
39$ n SINQH
LE9“) LEA
CHD. ADMN GAZ., APRIL 1, 2000 (CHTR 12, 1922 S1\KA) 81
17. In the First S<.:heJule, in Order VII.-
(i) for nile 9, the foIlo\\'ing rule shall be substituted, namely:-
"9. (I) Where·the plaint is admitted, the court ~hall give 10 the plaintiff
summons in the. name of all the defendants to be served upon or get served in
th~ manner pro\"ided under Order V.
Amendment of
Order VI!.
Procedure on
.admirting
pla.int.
Production of
document on
whi:h plaintiff
sues or relies.
(2) \Vithin two days of th~ rcceipt of summons und~r sub-rule (/), the
plaintiff shall send or cause to send the summons to the defendants alongwith
the copy of the plaint in the manner provided under Order V. ~
(3) Where the coun orders that the summons be served on the defendants
in the manner provided in n.l!e 9A of Order v, it will direct the plaintiff to
present as many copies of the plaint on plain paper as there are defendant~
within two days' from th~ $te of such order alongwith requisile fee for service
of summons on the defendants.".
(ii) in rule II, after sub-clause (d), the following sub-clauses shall be inserted,. -':C:.
n'amely:- .
"(e) where it is not filed in duplicate;
if) where 'the plaintiff fails to comply sub-rule (2) of rule 9;
(g) where the plaintiff fails to comply sub-rule (3) (\f rule 9.".
(iii) for rule 14, the following rule shall be substituted, n:unely:-
"[ 4. (1) Where a plaintiff sues upon a document orrelies upon document
in his possession or power in support of his daim, nL' shall enter such
documents in a list, and shall produce it in court when tn~ plaint is presented
by him and shall, at the same time deliYer the document and a copy thereof,
(0 be filed wiih the plaint.
(2) Where any such document is not in the possession or po~er of the
plaintiff, he shall, wherever possible. state in whose poss.:ssion or power it
is.
(3) Where a document or a copy thereof is no\ iiied with the plaint
under this rule. it shall not be allowed to be received in evidence all nehalf of
the plaintiff at the hearing of the suit.
(4) Nothing in this rule shall aprly 10 dccum"nt produced for the Gros.;.
'examination ot the plaintiffs witnesses. or, h:wdcd (lve. to ~ witness merely
.[0 refresh his memory. n;
(iv) rule 15 ~halJ be ~mitled;
(v) in ruie 18, in sub·rule (1), the words "without the leave:>f the court" shall
be omitted.
18. [n the First Sche.dulc, in Order vm,-
(i) for rule I, the foliowing mle shaH be substitute.d, name!y:-
"1. The defendant shaH at or before the first hearmg or within such
time as the court may permit, which shall not be beyond mirty days from tne
date of service of summons on the defendant, present a written statement o~
his defence. ";
(ii) after rule J so inserted, the following rule shall be ins~rted, namely:-
"I A. (1) Where the defendant bases his defence upon a document or
relies upon any document in his possession or power. in suppvrt of his defence
or claim for set off or counter claim, he shall enter such document in a list.
and shall produce it in court when the written statement is prescnted.by him
and shall, at the same tinHl, delivcr Ihe document and a copy thereof, to be
filed with the written statement.
(2) Where any such document is nQt in the posscssi(:'!1 or power of the.
'defcrod2nt, he shall, wherever possible. stZtc in whose po~~."inn or power it'
IS.
Amendment cf
On:!I.:;-VJII
Written
stalement.
DU1)'cf
defendant to
produce
document'
upon which
relief is
claimed or
relied upon by
I-~m.
]}-
'JIJS "IT ~ {NOIf.f
U ~TO P-f- f.,
Part II] CHD. ADMN GAZ., APRIL 1, '2000 (CHTR 12,, 1922 SAKA) .81
‘ i" l _ ,__—___..
17. in the First Schedule, in Order vu— ‘ '
(i) for rulc 9. the following rule shall be substituted, namelyz~
"-9 (1') \\ here the piaint is admitted the court shall give to the plaintiff
summons 1“ lhe "amt Of all the defendants to be served upon or get served in
the manner provided under Order V
(2) Within two days of the receipt of summons under sub-rule (1), the
plaintiff shall send or cause to send the summons to the defendants alongwith
the copy of the plaint in the manner provided under Order V.
(3) Where the court orders that the summons be served on the defendants
in the manner provided in rule 9A of Order V. it will direct the plaintiff to
present as many cepies of the plaint on plain paper as there are defendants
within two days from the date of such order alongwith requisite fee for service
of summons on the defendantsfi'.
(ii) in rule 1 1 after sub-clau'se (d) the following sub-clauses shall he inserted
namely: —~
"(e) where it is not filed in dupliCate; ‘ .
(f) where the plaintiff fails to comply sub-rule (2) of rule 9;
(3) where the plaintiff fails to comply sub-rule (3) of rule 9.". 7
(iii) for rule 14, the following rule shall be substituted, namely:—
"14. (1) Where a plaintiff sues upon a document or relies upon document
in his possession or pOWer in stipport of his claim, he shall enter such
documents in a list, and shall produce it in court when the plaint is presented
by him and shall, at the same time delher the document and a copy thereof,
to be filed with the plaint.
(2) Where any such document is not in the possession or power of the
plaintiff, he shall, wherever possible state in whose possession or power it
is.
(3) Where a document or a copy thereof is not filed with the plaint
under this rule. it shall not be allowed to be received in evidence on behalf of
the plaintiff at the hearing of the suit.
(-f) Nothing in this rule shall apply to document produced for the cross
examination of the plaintiff‘switnesses. or. handed over to a witness merely
.to refresh his memory.“;
(iv) rule l5 shall be omitted;
(v) in rule )8, in sub-rule (1), the. words "without the leave of the court" shall
be omitted. '
18. in the First Schedule, in. Order V111,—
Amendment of
Order \-'ll.
. Procedure on
admitting
plaint.
Production of
document on
which plaintiff
sues or relies.
Amendment of
(i) for rule l, the following rule shall be substituted, namety:—— lard-:fvm
"l. The defendant shall at or before the first hearing or within such ' WWW
time as the court may permit, which shall not be beyond thirty days from the imn‘em'
date of service of-summons on the defendant, present a mitten statement of
his defence"; ‘
(if) after rule l so inserted, the following rule shall be inserted, namely:—
"1A. (1) Where the defendant bases his defence upon a document or Duiycf
relies upon any document in his possession or power. in support of his defence dcfcndamto
or claim for set off or counter claim, he shall enter such document in a list. Wu“
and shall produce it in court when the mitten statement is presented by him 23%;
and shall, at the same time, delix er the document and a copy thereof to be reliefis
tiled with the written statement claimed or
(2) Where any such document is not in the possession or power of the flied UPON to
arm
'deferidanL he shall. wherever possible. state in whose possession or power it'
is. ‘
7;,
vosvn SIMo/J
flamers
.tvnendment of
Order lX.
Di.smissaJ of
suit where
summons nOl
served by the
plaintiff or his
agent or in
COJlsequences
of failure to
pay cost.
Amendment of
Order X,
Direction of the
counto opt for
any onc mode 01
ahemative
dispute •
resolution,
Appearance
before the
conciliatory
forum or
authority,
.\ppearance
before the court
consequent to
the failure of
efforts of
conciliation,
lvuendment of
OrdcrXL
-\mendmem of
Order XII.
CHD. ADMN GAZ •• APRIL 1. 2000 (CHTR 12, 1922 SAKA)
(3) Where a document or a copy thereof is not filed with the wriuen
statement uOlu~r this rule, it shall not be allowed to be received in evidence
on behalf of the defendant at the hearing of the suit.
(4) Nothing in this rule, shall apply to documents- ,
(a) produced for the cross-examination of the plaintiffs witnesses,
or
. .' .
(b) handed over to a witness merely La refresh his memory.";
(iii) rules SA, 9 and 10 shall be omitted.
'19. In the First Schedule, in Order IX,-
(i) for rule 2, the following rule shall be substituted, namely:-
"2. Where on the day so fixed it is found that the summons has not been
sent within stipulated period of two days, to the defendant by the plaintiff or
his agent or in consequence of their failure to pay the court-fee or any charges.
if any chargeable for such service, tbe court shall make an order that the suit
be dismissed:
Provided that no such order shall be made if, notwithstanding such
failure, the defendant attends in person or by agent when he is' allo:wed to
appear by agent on the day fixed for him to appear and answer.";
(ii) in ruie 5, for the words "one month", the words "seven days" shall be
substituted. .
20. In the First Schedule, in Order X,-
(i) after rule 1. the following rules shall be inserted, namely:-
"I A. After recording the admissions and denials. the court shall direct
the parties to the suit to opt either mode of~e settlement outside tlie court as
specifie,d in sub-section (1) of section 89. On the option of the parties, the
court shall fix the date of appearance before such forum or authority as m~y
ce opted by :.h~ p:::""1ies.
lB. ','ii;cre a suit is referred under rul<:. lA, the paTljes shaH appear
before such forum or authority for conciliation of the suit.
1C. Where a suit is referred under rufe IA and the presiding officer of
condlill:jon fomrr. or authority is satisfied that it would not be proper in the
interc:it of JU:i\iu to proceed with the matter further. then, it shall refer the
matter again t'J the court and direct the parties to'll.ppear before.the court on
the date fixed hy it.";
.(it) in rule 4. in sub-rule (1), for the words '''may postpone th~ hearing, of the
suit to a future day", the words "may poslpont: the hearing of the-suit to a day not
later than seven days from the date of first bearing" shall be substituted.
21. In the First Schedule, in Order Xl,-
(i) in rule 2. after the words "submitted to the court". the words "and that
cour'! shall decide within ~even days from the day of filing of the said application," .
shall be inserted; .
(ii) in rule 15, for the words "at any time", the words "at or before the settlement .
of issues" shall be substituted.
22.'In the'First Schedule, in Order Xll,-
(i) in rule 2, for the word "fifteen", the word "seven" shall be substituted;
.[Part. II
82
CHD. ADMN .GAZ., APRIL 1, 20th (CHTR 12, 1922 SAKA)
.[Part II-
M
Amendment of
Order 1X.
Dismissal of
suit where
summons not
served by the
plaintiff or his
agent or in
consequences
of failure to
pay cost.
Amendment of
Order X
Direction 0 ‘the
court to opt for
any one mode of
alremutive
dispute '
resolution
before the
conciliatory
forum or
authority.
Appearance
before the court
consequent to
the failure of
efforts of
conciliation.
Amendment of
Order XL
Amendment of
Order XII.
(3') W' here _a document or a copy thereof rs not filed with the written
statement under this rule it shall not be allowed to be received in evidence
on behalf of the defendant at the hearing of the suit.
(4) Nothing in this rule shall apply-to documents—-
(0) produced for the cross-examination of the plaintiff ‘s witnesses.
or
(b) handed over to a witness merely to refresh his memory":
(iii) rules 8A, 9 and 10 shall be omitted.
‘19. In the First Schedule, in Order IX,—
(i) for rule 2, the following rule shall be substituted, namely:-—‘
"'2. Where on the day so fixed it is found that the summons has not been
sent within stipulated period of two days, to the defendant by the plaintiff or ‘
his agent or in consequence of their failure to pay the court-fee or any charges.
if any chargeable for such service, the court shall make an order that the suit
be dismissed:
Provided that no such order shall be made if, notwithstanding such
failure, the defendant attends in person or by agent when he is' allowed to .
appear by agent on the day fixed for him to appear and anSwer.";
(it) in rule 5, for the words"one month", the words "seven days" shall be
substituted.
20. In the First'Schedule, in Order x,—
(i) after rule 1, the following rules shall be inserted. namely:—
' ”1A. After recording the admissions and denials. the court shall direct
the parties to the suit to opt either mode of the settlement outside the court as
specified in sub-section (1) of section 89. On the option of the parties, the
court shall fix the date of appearance before such forum or authority as may
he opted by?“ .. ..3 parties.
11%. ‘U'iiere a suit is referred under role }A the parties shall appear
before such forum or authority for conciliation of the suit.
1C, Where a suit is referred under rule 1A and the presiding officer of
conciliation fonirn or authority is satisfied that it would not be proper in the
interest of jusucc to proceed with the matter further, then, it shall refer the
matter again to the court and direct the parties to appear before the court on
the date fixed by it "
'(r't') in rule 4, in sub— rule (I), for the words"'may postpone the hearing. of the
suit to a future day" the words" may postpone the hearing of the suit to a day not
later than seven days from the date of first hearing" shall be substituted.
21. In the First Schedule, in Order XI,-
(z') in rule 2 after the words "submitted to the court". the words "and that
court shall decide within seven days from the day of filing of the said application," , ‘
shall be inserted;
(if) in rule 15, for the words "at any time", the words "at or before the settlement .
of iSsues” shall be substituted ..
22.1n the First Schedule, in Order XII, —-
(i) in rule 2, for the word "fifteen", the word "seven" shall be substituted;
)art II]
CHD. ADMN GAZ., APRI~ 1, 2000 (CHTR 12, 1922 SAKA)
(ii) in rule 4, second proviso shall be omitted.
23: In the First Schedule, in Order XIII, for rules 1 and 2, the following rule shail
be substItuted, namely:- .
. "1. (1) The parties or their pleader shall produce on or before the settlement
of Issues, all the d~cume~tary evidence in original where the copies thereof hilve
been filed along with plamt or written statement.
(2) The court shall receive the documents so pr~duced:
Piovided that they are accompanied by an accurate list thereof prepared in
such forin as the High Court directs. .
(3) Nothing in sub-rule (1) shall apply to documents-
(a) produced for the cross-examination of the witnesses of the
other party; or
(b) handed over to a witness merely to refresh his memory.".
24. In the First Schedule, in Order XlV,-
(i) in rule 4, for the words "may adjourn the framing .of the issues to a future
day", the words' "may adjourn lhe framing of issues to a day not later than seven
days" shall be substituted;
(ii) rule 5 shall be omitted..
25. 111 the First Schedule, in Order XVl,-
(i) in rule I, in sub-rule (4), for the words "court in this behalf', occurring at
the end, the words, brackets al1d figure "court in 'this behalf within five days of
presenting the list of witnesses under sub-rule (1)" shall be substituted;
(ii) in rule 2, in sub-rule (1), after the words "within a period to be fixed", the
words, brackets and figures "which shaH not be later than seven days from the dllte
of making application under sub-rule (4) of rule I" shall be inserted.
26. In the First Schedule, in Order XVTI. in rule].-
(i) for sub-rule (1), the following shall be substituted, namely:-
"(1) The court may, if sufficient cause is shown, at any stage of the suit·
grant time to the parties or to any of them, and may from time to time adjourn
the hearing of the sui~ for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three
times to a party during.h~ng of the suit.";
:',. . ..
.. .
(ii) in sub-rule (2), for the words "may make such order as it thinks fit with
respect to the costs occassioned by the adjournment", the words "shall make such
orders as to costs occassioned by the adjournment or such higher costs lIS the court
deems fit" shall be substituted.
27. In the First Schedule, in Or~er XVIII,-
(i) sub-rule (4) of rule 2 shall be omitted;
(ii) for rule 4, the following rule shall be substinited, namely:-
. "4. (1) In every case, the evidence of a witness of his examination-in-
cruef shall be given by affidavit and copies thereof shall he supplied to the
opposite party by the party who calls him for evidence.
(2) The evidence (cross-examination and re-examiilation) of the witness
in attendance, whose evidence (examination-in-chief) .by affidavit has bee.it..
Amendment of
OrderXIll.
Original
documents 10
be produced at
or before the
settlement of
issues.
AI\lendment of
Order XIV.
Amendmenlof
OnlerXVI.
Amendment of
Order XVII
Amendment of
OrderXVm.
.Recording of
~yidenceby
commissioner.
J . ' i I ,
a” 1” CHD‘ ADMN GAz-t APRIL 1, 2000 (Cl-lTR 12, 1922 SAKA) 83
M
(ii) in rule 4. second proviso shall be omitted.
23: in the First Schedule, in Order X111, for rules 1 and 2, the following rule shall Amendment of
be substituted, namely:—— - Order-X111. ‘ .
’ "1- (1) The parties or their pleader shall produce on or before the settlement Original '1 “.
of issues, all the documentary evidence in original where the copies thereof have “WWW" ‘°
been filed along with plaint or written statement - be mm“, 2'
' ' or before the
(2) The court shall receive the documents so produced: 35:11:?” of
Provided that they are accompanied by an accurate list thereof prepared in
such form as the High Court directs. .
(3) Nothing in sub-rule (1) shall apply to documents—
(a) produced for the cross-examination of the witnesses of the
other party; or
(b) handed over to a witness merely to refresh his memory.". I
24. In the First Schedule. in Order XIV,-— f ‘ Amendmentot
. . . OrdchIV.
(z) m rule 4, for the words "may adjourn the framing of the issues to a future
day", the words "may adjourn the framing of issues to a day not later titan seven
days" shall be substituted; ‘
(ii) rule 5 shall be omitted.
25. In the First Schedule, in Order XVl,—— ' ‘ Amendment of
‘ OrderXVI.
(i) in rule 1. in sub-rule (4), for the words "court in this behalf", Occurring at
the end, the words, brackets and figure "enurt in this behalf within five days of .
presenting the list of witnesses under sub-rule (1)" shall be substituted; -
(ii) in rule 2, in sub—rule (1), after the words "within a period to be fixed", the
words, brackets and figures "which shall not he latBr than seven days from the date
of making application under sub-rule (4) of rule 1" shall be inserted.
26. In the First Schedule, in Order xvn. in rule l.—-—- Ammm
’ Order X'Vll
(i) for sub-rule (1), the following shall be substituted. namely:—
"(1) The court may, if sufficient cause is shown, at any stage of the suit 4
grant time to the parties or to any of them, and may from time to time adjourn
the hearing of the suit for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three .
times to a party during hearing of the suit“; ‘ ' '
(ii) in sub-rule (2), for the words "may make such order as it thinks fit with
respect to the costs occassioned by the adjournment", the words "shall make such
orders as to costs occassio'ned by the ad journment or such higher costs as the court '
deems fit" shall be substituted.
27. in the First Schedule, in Order XVIll,-——- Amendmentof
' ‘ OrdeIXVIH.
(i) sub—rule (4) of rule 2 shall be omitted;
(ii) for rule 4, the following rule shall be substituted, namely:—~
. "4, (I) In every case, the evidence of a witness of his exajnination-in- Recording of
chief shall be given by affidavit and copies thereof shall be supplied to the Widenwby
opposite party by the party who calls him for evidence. , . . “mm?"-
(2) The evidence (cross-examination and re-examit‘tation) of the witness
in attendance, whose evidence (examination-in—chieflvby affidavit has been
a ' 2'
7
Meal 7' SINQH
Power to g.Ol
statements
rec:ordod 00·
conunission.
Amendment
of Qrder XX.
PreparaLion "r
lIc=.
Copies of
jUdgmeots
wren to b::
mane
a\'ailable.
CHD. ADMN GAZ., APRIL I, 2000 (CHTR 12, 1922 SAKA)
furn i$hed t\) the court shall be taken orally by'a commissioner to be appointed
by the court from amongst the panel ofcommissioners prepared for this purpose
on the. same day:
Provided that, in.the interest ofjustice and for reasons to be re~orded in
writing, the court may direct that the evidence of any witness shall be_recorded
by the court in the presence aijd under the -personal direction and;
superintendence of the judge. ..'
(3) The,commissioner shall be paid such sum for recording of evidenc~
as may be prescribed by the High CoUrt.
(4) The amount payable to the commissioner under sub-rule (3) shall
be paid by the Court or by the parties sWDmoning the witness as may be
prescribed by the High Court.
(5) The District Judge shall prepare a panel of commissioners to record
the evidence under this rule.
(6) The commissioner shall record evidence either in writing or
mechanically in his presence and shall make a memorandum which shall be
signed by him and the witnesses and submit the same to the court appointing
such commissioner.
(7) Where any question pU1 to a witness is objected by a party or his
pl~adei and the commissioner allows the same to be put, the commissioner
shall take down the question. together with his decision:";
(iii) rule 17A shall be omined;
(iv) after rule 18, the following rule shall be inserted, namely:-
"19. Notwithstanding' anythi'ng contained in tbese rul~s, the court may,
instead of examining witnesses in oPen court, direct their statements to be
recorded on commission under rrrle 4A of Order XXVi." .
28. In the First Schedule, in Order XX,-
(i) in rule'1,. in sub-rule (2), the words "but a copy of the whole judgment
shall be made available for the perusal of the parties or the pleaders immediately
after the judgment is pronounced" shall be omi~ed;
(i1) for rules 6A and 6B. the following niles shall be substituted, namely:-
, . \
"6A. (1) Every endeavour ~all be made to ensure that the decree is
. drawn up as expeditiously as possible and, in any .::ase, witl.in fifteen days
from the date on which the judgment is pronounced.
(2) An appeal may be preferred against the decree without filing a copy
of the decree and in such a case the copy made available to the party by the
court shall for the purposes of rule I of Order XLI be treated as the decree.
But as soon as the decree is drawn, thejudgment shall cease to have the effect
of a decree for the purposes of execution or for any other purpose.
6B. Where the judgmenf is pronounced, copies of thejudgm.ent sha,u
be made available to the parties immediately after the pronouncement of the·
judgment for preferring an appeal on payment 'of such charges as may be
specified in the rule made by the' High Court.".
,.
!:
- I
84
Power to get
statements
recorded on.
commission
Amendment
of Order XX.
Preparation ot'
decree.
Copies of
judgments
when to be
made
available.
can. ADMN GAL, APRIL 1, 2000 (CHTR 12, 1922 SAKA)
furnished to the court shall be taken orally by'a commissioner to be appointed
by the court from amongst the panel of commissioners prepared for this purpose
on thesame day: .
Provided that, in the interest of justice and for reasons to be recorded in
writing, the court mav direct that the evidence of any witness shall be recorded
by the court in the presence and under the personal direction and
superintendence of the judge.
(3) The coritmiSsioner shall be paid such sum for recording of evidence
as may be prescribed by the High Court.
(4) The amount payable to the commissioner under sub-rule (3) shall
be paid by the Court or by the parties summoning the witness as may be ’
prescribed by the High Court.
(5) The District Judge shall prepare a panel of commissioners to record
the evidence under this rule.
(6) The commissioner shall record evidence either in writing 'or
mechanically in his presence and shall make a memorandum which shall be
signed by him and the witnesses and submit the same to the court appointing
such commissioner.
(7) Where any question put to a witness is objected by a party or his
pleader and the commissioner allows the same to be put, the commissioner
shall take down the question together with his decision."
_ (iii) rule 17A shall be omitted;
' (iv) after rule l8, the following rule shall be inserted, namely:—
“19. Notwithstanding anythihg contained in these rules, the court may,
' instead of examining witnesses in open court, direct their statements to he
recorded on commission under i't‘ile 4A of Order XXVI.".
28. In the First Schedule, in Order XX,—'
(1') in rule '1‘, in sub-rule (2), the words “but a copy of the whole judgment
shall be made available for the perusal of the parties or the pleaders immediately
after the judgment is pronounced" shall be omitted;
(if) for rules 6A and 6B. the following rules shall be substituted, namely:—
’ . \
“6A. (1) Every endeavour mall be made to ensure that the decree is
~ drawn up as expeditiously as possible and. in any case, within fifteen days
from the date on which the judgment is pronounced.
(2) An appeal may be preferred against the decree without filing a copy
of the decree and in such a case the copy made available to the party by the
court shall for the purposes of rule 1 of Order XLI‘be treated as the decree.
But as soon as the decree is drawn, the jud gment shall cease to have the effect
of a decree for the purposes of execution or for any other purpose.
613. Where the judgment: is' pronounced, copies of the judgment shall
be made available to the parties immediately after the pronouncement of the-
judgment for preferring an appeal on payment of such charges as may be
specified' in the rule made by the High Court. ".
CHD. ADMN GAZ·. ~ APRIL 1, 2000 :'(CHTR 12, 1922 SAKA) 85
,
29. IIi the First Schedule, .in Order XXVI, after rule 4, the following rule shall be
inserted, namely:-" '. . . . . '
"4A. Notwithstanding anything contained in these rules;"'IDly court may. in
· the interest of justice or for the expeditious disposal of the case or for any other
reason, issue commission in any suit for the examination. on interrogatories or
otherwise, of any person resident within the' local limits of its jurisdiction. and the'
evidence so recorded shall be read in evidence. .
30. In the First Schedule, in Order XXXIX, rule 1 shall be renumbered as sub-rule
(1) of that rule and after sub-rule (1) as so renumbered, the following sub-rule shall be
insened, namely:-
"(2) The court shall, while granting a' temporary injunction to restrain such
act or to make such other order for the purposes of staying and preventing the
· wasting,. damaging. alienation, sale. removal or disposition of property or
dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation
to any property u,nder disposition 'inthe suit under sub-rule (1). direct the plaintiff .
to give security or otherwise as the court thinks fit." .
31. In the First Schedule, in Order XLI,-.
(i) in sub-rule (1) of rule 1. for the words and brackets "decree appealed
from and (unless the Appellate Court dispenses therewith) of the judgment on which
it is founded". the word· "judgment" shall be substituted;
(ii) for rule 9, the following rule shall be SUbstituted. namely:-
"9. (1) The Court from whose decree an appeal lies sh311 entertain the
memorandum of app~a1 and shall endorse thereon the date of presentation
and shall register the appeal in a book of appeal kept for that purpose.
(2) Such book shall be called the register of appeal. ":
. .
(iii) in rulell, for. sub-rule (1), the following sub-rule shall be substituted,
namely:-...
"(1) The Appellate Court after fixing a day for hearing the appellant or
his pleader and hearing him accordingly ifhe appears on that day may dismiss
the appeaL";
(iv) in rule 12, for sub-rule '(2), the following sub-nile shall be substitUted,
namely:-
."(2) Such day shall be fixed with reference to the current business of
tbe coun."; .
(v) rules'13, 15 and 18 shall be omitted;
(vi) in rule 19. the words and figures "or rule 18" shaH be omitted;
(vii) in rule 22, sub-rule (3) shall be. omitted.
CHAPTER IV
Amendment
cfOrder
XXVI.
Commission for.
exaailnation of
any person resi-
dent within the
local limits of the
jurisc!iction of
the court
Amendment
of Order
XXXIX.
Amendment of
Order XLI.
Registry of
memorandwn
of appeal.
REPEAL AND SAVINGS
32. (1) Any amendment made, or any provision insened in the principal Act bya Repeal and
State Legislature or High Court before the commencement of this Act shall, except in so savings.
far as such amendment or provisions is consistent with. the provisions of the principal Act
as amende4 by this Act, stand repealed.
. ,
· (2) Notwithstanding thai the provisions of this Act have come into force or repeal
under sub-section (1) has taken effect, and without prejudice to the generality of the
. \
10 of 1897. provisions of section 6 of the General Clauses Act, .1897,- . '
(a) the provisions of section 260f the principal Act and of Orcier IV of the
First Schedule, as amended by sections 2.and 14 of this Act, shall not apply to or
. .
. A
1
11
33- i3) . _' I . . ' '
~ art 111 CHD. ADMN (3112., APRIL 1, 2000 -'(CHTR 12,1922 SAKA) 85
NM
29. In the First Schedule, _in Order XXVI after rule 4, the following rule shall be Amendment '
inserted, namely:———- ~ . ofOrder
.. XXVI.
“4A. Notwithstanding any thing contained 111 these rules {any court may. in ' Commission for
the interest of Justice or for the expeditious disposal of the case or for any other ”mm” °f
reason. issue commission in any suit for the examination, on interrogatories or 32133333:
otherwise, of any person resident within the local limits of' its jurisdiction, and the > local limits ofthe
evidence so recorded shall be read in evidence. {EriSdiction of
- e court
30. In the First Schedule," in Order )QCXIX, rule 1 shall be renumbered as sub-rule Amendment ‘
(J) of that rule and after sub-rule (1) as so renumbered, the following sub—rule shall be 07 0rd“
inserted, namc1y2~ )OOCIX.
“(2) The court shall, while granting a temporary injunction to restrain such
_ act or to malre such other order for. the purposes of staying and preventing the
. wasting, damaging, alienation, sale, removal or disposition of property or
dispossession of the plaintiff, or otherwise causing injury to the plaintifi 1n relation
to any property under disposition in. the suit under sub-rule (1), direct the plaintiff .
to give security or otherwise as the court thinks fit."
31. In the First Schedule, in Order XLI, —- - 4 . Amendment of
OrdchLl.
(i) in sub-rule (1) of rule 1 for the words and brackets “decree appealed
from and (unless the Appellate Court dispenses therewith) of the judgment on which
it is founded", the word- “judgment” shall be substituted; '
(ii) for rule 9, the following rule shall be substituted, namely:—
I“9. (1) The Court from. whose decree an appeal lies shall entertain the Registry of
memorandum of appeal and shall endorse thereon the date of presentation 21:?de
and shall register the appeal in a book of appeal kept for that purpose. . ' _
(2) Such book shall be called the register of appeal. "2
(iii) in rule 1], fer sub-rule (1), the following sub-rule shall be substituted,
namely: — _ .
“(1) The Appellate Court after fixing a day for hearing the appellant or _
his pleader and hearing him accordingly if he appears on that day may dismiss
the appeal. ";
(iv) in rule 12, for sub-rule'(2), the following sub-rule shail'be substituted,
namely:~— -
”(2) Such day shall be fixed with reference to the current business of
the court.’
(v) rules13, 15 and 18 shall be omitted;
(vi) in rule 19. the words and figures “or rule 18” shall be omitted;
(vii) in rule 22, sub-rule (3) shall be. omitted.
CHAPTER IV
REPEAL AND envmos
32. (1) Any amendment made, or any provision inserted in the principal Act by a Repeat and
State Legislature or High Court before the commencement of this Act shall, except in so savings.
far as such amendment or provisions is consistent wuhthe provisions of the principal Act
as amended‘by this Act, stand‘repealed.
(2) Notwithstanding that the provisions of this Act have come into force or repeal
under sub- section (1) has taken effect, and without prejudice to the generality of the
[0 of1897 provisions of section 6 of the General Clauses Act, 1897, .—
(a) the provisions of section 26 of the principal Act and of Order IV of the
First Schedule. as amended by sections 2 and 14 of this Act, shall not apply to or _
' 1
7g5:1)l7' S/NQH
#5970 ¢€£
06 CHD. ADMN ,GAZ. ,APRIL 1, 2000 (CHTR 12, 1922 SAKA)
affect any suit pending immediately before the commencement of sections 2 and
, 14; and every such suit shall be tried 'as if sections 2 and 14 had not come into
force;
(b) the provisions of section 27 of the principal Act, as amended by section 3:
of this A.ct, shall not apply to or affect any suit pending imInediately before the:
commencement of section 3 and every such suit shall be tried as if section 3 had
not come into force; ~
(c) the provisions of section 58 of the principal Act, as amended by section 5
of this Act, shall not apply to or affect-any person detained in the civil pris~>n.jn
execution of a decree before the commencement of section 5;
(d) the provisions of section 60 of the principal Act, as amended by section 6·
of this Act, shall not 'exempt salary from attachment to the extent mentioned in
cI~use(i) of the first proviso to sub-section (1) ofsection 60 before the commencement
of section '6;
(e) section 89 and rules lA, IB and IC of Order X of the First Schedule, as
inserted in the principal Act by sections 7 and 20 of this Act, shall not affect any
suit in which issues have been settled before the commencement of section 7; and
every such sllit shall be dealt with as if sections 7 and 20 had not come into force;. . .
if) the provisions of section 96 of the pri.ncipal Act, as amended by section 9
of this Act, shall not apply to or affect any -appeal from original decre~ which had
been admitted before the commencement of section 9; and every admitted appeal
shall be dealt with as if section 9 had· not corne ihto force;
(g) the provisions of section l00A of the principal Act, as substituted by
section I Oof this Act, shall not apply to or affect any appeal against the decision of
a Single Judge of a High Court underarticlc 226 or article 227 of the Constitution
which had been admitted before the commencement of section 10; and every such
admitted appeal shall be disposed of as if section 10 had not come into force;
(h) the provisions of section 102 of the principal Act, as substituted by'
section 11 of thisAct, shall not apply to or affect any appeal which had'been admitted
before the commencement of section] 1; and every such appeal shall be disposed of
"> if ~"".rti0" 11 h!\d ~0\ '.l)Tl}P. into fl)r<::~;
[Part II: .
."
-.
. (n) the provisions of rures 2 and 15 of Order XI of the First Schedule, as
amended by section 21 of this Act, shall not apply to or affe·ct any order passed by
"
(i) the provisions of section 115 of the principal Act, as amended by'
section 12 of this Act, shall not apply to or affect any proceeding for revision which
had been fmally disposed of; .
(j) the provisions of rules I, 2, 6, 7, 9, 9A, 19A, 21, 24 and 25 of Order V of
the First Schedule as amended or, as the case may be. inserted or. omitted by
section 15 of this Act shall not apply to any surnmlmS isstred immediately hefore
the commencement of section 15; ..
(k) the provisions of rules 9, 11, 14, 15 and 18 of Order VII of the First
Schedule, as amended Of, as the case may be, substituted or amended by section 17
of this Act, shall not apply to in respect of any proceedings pending before the
commencement of section 17;
(l) the provisions of rules 1 and 1A of Order VITI of the First Sch~dule, as
substituted or inserted by section 18 of thisA~t,shall not-apply to a written statement
filed and presented before the court immediately before the commencement of
section 18;
(m) the provisions of rules.2 and 5 of Order IX of the First Schedule, as
amended by section 19 of this Act, shall nOt apply in respect of summons issued
before the commencement of section 19;
I
a6 can. ADMN -GAZ.‘, APRIL 1, 2000 (CHTR 12, 1922 SAKA) [Part II;
affect any suit pending immediately before the commencement of sections 2 and
r 14; and every such suit shall be tried as if sections 2 and 14 had not come into _
force;
(17) the provisions of‘ section 27 of the principal Act as amended by section 3:
of this Act. shall not apply to or afi’ect any suit pending immediately before the:
commencement of section 3 and every such suit shall be tried as if section 3 had
not come into force; , i
a
(c) the provisions of section 58 of the principal Act, as amended by sectinn 5
of this Act, shall not apply to or affectany person detained in the civil prisonin
execution of a decree before the commencement of section 5; ’ ‘
. (d) the provisions of section 60 of the principal Act. as amended by section 6-
of this Act, shall not exempt salary from attachment to the extent mentioned in
clause (1) of the first proviso to sub-secti on (I) of section 60 before the commencement
of section ‘6;
(e) section 89 and rules 1A. 1B and [C of Order X of the First Schedule. as
inserted in the principal Act by sections 7 and 20 of this Act, shall not affect any
suit in which issues have been settled before the commencement of section 7; and
every such suit shall be dealt with as if sections 7 and 20 had not come into force:
(f) the provisions of section 96 of the principal Act, as amended by section 9
of this Act, shall not apply to or affect any appeal from original decree which had
been admitted before the commencement of section 9; and every admitted appeal
shall be dealt with as if section 9 had not come into force;
(g) the provisions of section 100A of the principal Act, as substituted by
section 1001‘ this Act, shall not apply to or affect any appeal against the decision of
a Single Judge of a High Court under'articlc 226 or article 227 of the Constitution
. which had been admitted before the commencement of section 10; and every such
- admitted appeal shall be disposed of as if section 10 had not come into force;
, (h) the provisions of section 102 of the principal Act. as substituted by: _
section 1 1 of thisAct, shall not apply to or affect any appeal which hadbeen admitted ' ‘
before the commencement of section 1 l; and every such appeal shall be disposed of ’
as if section 11 had not come into force;
(i) the provisions of section 115 of the principal Act, as amended by'
section 12 of this Act, shall not apply to or affect any proceeding for revision which
had been finally disposed of;
(j) the provisions of rules 1, 2, 6, 7. 9, 9A, 19A, 21, 24 and 25 of Order V of
the First Schedule as amended or, as the case may be, inserted oromitted by
' section 15 of this Act shall not apply to any summons issu‘ed immediately before
the commencement of section 15;'
(k) the provisions of rules 9,11,14,15 and 18 of Order VII of the First
Schedule, as amended or, as the case may be, substituted or amended by section 17
of this Act, shall not apply to in respect of any proceedings pending before the
commencement of section 17;
(1) the provisions of rules 1 and 1A of Order VIII of the First Schedule, as
substituted or inserted by section 18 of thisAct, shall not apply to a written statement
filed and presented before the court immediately before the commencement of
Section 18;
(m) the provisions of rules 2 and 5 of Order IX of the First Schedule, as I ‘
amended by section 19 of this Act. shall not apply in respect of summons issued _
before the commencement of section 19;
(n) the provisions of rules 2 and 15 of Order XI of the First Schedule, as
amended by section 21 of thisAct, shall not apply to or affect any order passed by .
:Parl II]
CHD.ADMN GAZ., APRIL 1, 2000 (CHTR 12, 1922 SAKA) 87 :
the court -or any application 'submitted for inspection to the court before the
commencement of section 21 of this Act; .
(0) the provisions of. rules 2 and 4 of Order XII'of the First Schedule, as-
amended and omitted, as the case may be, by section 22 of this Act, shall not affeCt
any notice given by the party or any order made· by the court before the'
commencement of section 22 of this Act;
.(p) the provisjons of rules 1 and 2 of Order xm of the First Schedule as. ,
subs~tuted by section 23 of thisAct, shall not affect the documents produced.by the
parties or ordered by the court to be produced before the commencement of section
23'of this Act;' •
(q) the provisions of rules 4 and 5·of Order XIV' of the First Schedule: as
amended and omitted by section 24 of this Act, shall not affect any order made by .
the court adjourning the framing of the issues and amending and striking out issues
before the commencement of section 24 of this Act;. . '.
(r) the provisions of rules 1 and 2 of Order XVI of the First Schedule, as
amended by section 25 of this Act, shall not affect any application made for
summoning' of witnesses and time granted to a party to deposit amount f~r'
summoning witnesses made by the court before the commencement of section 25;"
(s) the provisions of rule I of Order xvn of the. First Schedule, as amended
by section 25 of this Act, shall not affect any adjournment'granted by the.court anq
any cost occasio'ned by the adjou~nment granted by the court before the
commencement of section 25 and the number of adjournments granted ehrlier shall
not be counte9- for .such purpose; .
(t) the provisions of rules I, 6A and 6B of Order XX ofthe Firl?t Schedule, as
amended and substituted by section 28 of this Act, shalf not affect any application
. for obtaining copy of decree for filing of appeal made by a party and any appeal
filed before the commencement of section 28 of this Act; -and every application
made and every appeal filed before the commetlc.ement of s.ection 28 shall be dealt
. with as if section 28 had not come into force; . . .
(14) in'sub-ruie (2) of rule 1o(Ord~r XXXIX of the First Schedille; as inserted
. bv s&tion 30 of this Act, shall not affect any temporary iniunction ~ranted before
the cO.mmeno;;emeflt of sectinn 30 of this Act; .
. (v) th~ provisions of ~les I, 9, 11, 12, 13, 15, 18, 1.9 and 22 of Order XLI of'
the First Schedule. as amended, substituted and omitted, as the case may be, by
clause 32 of the Bill shall not a1fe;ct any appeal filed before the commencement of
section 32; and every appeal pending before the commencement of section 32 shall
be disposed of as if section 32 of this Bill had not come into force.
. . . cHAP.TER V ...
AMENDMENT OF nlELIMlTA110N Aer, 1963
i of 1.963. . . 33. In the Limitation Act, 1963, in section 12, in suo-section (3), ~e words 'I'on'~~dment()f
which the decree or order is founded" at the end shall be omitted. . secllon 12..
'..Rcfwd of Fee;
of 1908.
CHAPTER VI
AMENDMENT OF tHE CoURI' FEES' Aer, 1870
of 1870. 34. In the Court Fees' Act, 1870 (hereafter in this "Chapter referred to as the Court· Insertion of
.Fees' Act), after section IS, the following section. shall be inserted, namely:-· IJI:.W section 16.
"16. Where the court refers' the parties to the suit to anyone of the mode of
settlement of dispute referred to in section 89 of the Code ofCivil Procedure, 1908
the plaintiff shall b~ entitled to a certificate from the court authorising' him to
receive back from the collector, the full amount of the fee paid in respect of such
plaint.". . . .
Pm ”1 CHD‘ ADMN GAL. APRIL 1, 2000 (CHTR 1.2, 1922 SAKA) “ 87..
the court or any application submitted for inspection to the court before the
. commencement of section 21 of this Act;
(a) the provisions of rules 2 and 4 of Order XII of the First Schedule,”
amended and omitted, as the case may be, by section 22 of this Act shall not afiect
any notice given by the party or any order made by the court before the
commencement of section 22 of this Act;
. (p) the provisions of rules 1 and 2 of Order XIII of the First Schedule, as
substituted by section 23 of thisAct. shall not affect the documents producedby the
parties or ordered by the court to be produced before the commencement of section
23 of this Act; .
(q) the provisions of rules 4 and 5-of- Order XIV of the First Schedule; as
amended and omitted by section 24 of this Act. shall not affect any order made by.
the court ndjourning the framing of the issues and amending and striking out issues ‘
before the commencement of section 24 of this Act;
(r) the provisions of rules 1 and 2 of Order XVI of the First Schedule,as
amended by section 25 of this Act, shall not affect any application made for
summoning of witnesses and time granted to a party to deposit amount for-
summoning witnesses made by the court before the commencement of section 25:
(s) the provisions of rule 1 of Order XVII of the First Schedule, as amended
by section 25 of this Act. shall not affect any adjournment granted by the court and
any cost occasioned by the adjournment granted by the court before the
commencement of section 25 and the number of adjournments granted earlier shall
not be counted for such purpose;
(t) the provisions of niles 1, 6A and 6B of Order XX of the First Schedule. as
amended and substituted by section 28 of this Act, shall not affect any application
' for obtaining copy of decree for filing of appeal made by a party and any appeal
filed befOrc the commencement of section 28 of this Act; and every application
made and every appeal filed before the commencement of section 28 shall be dealt
with as if section 28 had not Come into force;-
(u)‘ m sub-rule (2) of rule 1 of Order XXXIX of the First Schedule. is inserted
- by section 30 of this Act, shall not affect any temporary iniunction granted before
H _e. commencement 0f 36Can 30 Of lhiS Act,
-(v) the provisions of rules 1,9,11,12,13, 15,18,19 and 22 of Order XLI of
the First Schedule, es amended substituted and omitted, as the case may be. by .
clause 32 of the Bill shall not afl’ect any appeal filed before the commencement of
section'32; and every appeal pending before the commencement of section 32 shall ' '
be disposed of as if section 32 of this Bill had not come into force. -
CHAPTERV "
Alix-"NDMENT or me LIMITATION Aer, 1963
iof 14963.: i 33. In the Limitation Act, 1963, in section 12, in sub-section (3), the words "on Wndmcnmf' '
which the decree or order is founded" at the end shall be omitted. _ “9““ 12
-. . R VI _..._ ..,_.
Amman-r or THE Count Fave-3' Acr, 1870
of l870. 34.111 the Court Fees‘ Act. 1870 (hereafter' in this Chapter referred to as the Court Insertion of ‘
new section 16.
‘ .Fecs' Act), after section 15, the following section. shall be inserted, namely: -—
"16. Where the court refers the parties to the suit to any one of the mode of Refund of Fee; 1: .
of 1908. settlement of dispute referred to in. section 89 of the Code of Civil Preceding 1908
the plaintiff shall be entitled to a certificate from the court authorising him to
receive back from the collector, the full amount of the fee paid in respect of such
plaint.".
1788 CHD •. ADMN. GAZ. (EXTRA.) JULY 10, 2.002 (ASADHA 19, 1924 SAKA)
05'~, 2002,
1"1 atlitl4, 1924 (WfiJ
3l~ firalt:raf a:rmTar
~ i!fflif, ~Ttai .~, .ott~-
(~~r() .. "
(m<1 ~ fm2)
~.I
cia 480/2/2002(2): 210rQRIll ~ Jll 21l1::QcHlJ fo'ldYiJiil 3"lffiFulUtR, 1952
( 1952 mf 3'1) ffit am. 3 Jq-mer (I)"di 3ii1iH2ot 61. FaJerrilO1 31roTdT Qrl~f21
( 1) 31t:Tt: iRftIq (2) ~ J Mtc5 mIT a:lffidli'Rl, m:m JfQOl, urt fflrrft 05T Jtl ~cftu
FulciiJ01 2002 ~ frn< -nYT"M~ QefoYdl 34Ifthlfl 2 cfi i!iiQ" if FalUdH CfilOr~ I
~
[Assented to on 23rd May. 2002
Act No. 22 of 2002]
THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002
AN
ACT
ji/rtller to amend the Code ofCivil.Procedure, 1908 and to providefor malters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as
follows:-
Short title and
. ,
1. (1) This Act may be callcd the Code of Civil Procedure (Amendment) Act, 2002.
commence-
ment. (2) It shall come into force on such date as the Central Governm,:.ll may, by notifica-
tion in the Official Gazette, appoint, aud different dates may be appointed for different
provisions of this Act and for different States or for different parts thereof.
Amendment
of section
39
,
2. In section 390f the Code of Civil Procedure, 1908 (hereinafter referred to as the 5 of 1908.
principal Act), af~er sub-section (3),lhe following sub-section shall be inserted, namely:-
"(4) Nothing in this sectiou shall be deemed to authorise the .Court which
passed a decree to execiJte such decree agains.t any person or property outside the
local limits of its jurisdiction.".
1788 CHD. ADMN. GAZ. (EXTRA.') JULY 10, 2.002 (ASADHA 19. 1924 SAKA)
(1952331) 5% am 3
Short title and
commence-
man
Amendment
of section
39.
infiiaa m, mfimfis, ire fafifi— ”10001.
nmfiaiaaanfisr
05 2002,,
it} mutanaaa (has)
mmmmmm, 1952‘
Jamar(i)r£31amurfi WWW
at) 480/2/2002(2) :
melt 3?.
(W83?) . . .
(WWW)
infirm
[Assented to on 23rd May, 2002
Act No. 22 of 2002]
THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002
AN-
ACT
further to amend the C ode ofCivil_Procedure, 1908 and to provide for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the F ifly-third Year of the Republic of lndia as
follows: —— . '
l. (1) This Act may be called the Code of Civil Procedure (Amendment) Act, 2002.
(2) it shall come into force on such date as the Central Governmn: nt may, by "011de
tion in the Official Gazette, appoint, and different dates may be appointed for different \
provisions of this Act and for different States or for different parts thereof.
2. In section 39‘of the Code of Civil Procedure, 1908 (hereinafter referred to as the 5 or 1903,
principal Act). after sub-section (3), the following sub-section shall be inserted, namely:—
"(4) Nothing in this section shall .be deemed to authorise. the Court which
passed a decree to execute such decree against any person or‘ property outside the
local limits of its jurisdiction".
f"' CHD. ADMN. GAZ. (EXTRA.) JULY 10, 2002 (ASADHA 19, 1924 SAKA) 1789
3. Section 64 of the principal Act shall be renumbered as sub-se~tioo (1) of that Amendment
section and after sub-section (1) as so renumbered, the following sUb-section shall be of section 64.
inserted. namely:-
"(2) Nothing in this section shall apply to any private transfer or delivery of the
property attached or of any interest therein, made in pursuan~e of any contract for
such transfer or deliv.ery entered into and registered before the attachment.".
4; For section l00A of the principal Act {as substituted by section 10 of the Code of 6ubstitution of
46 of 1999, Civil Procedure (Amendment) Act, 1999], the following section shall be substituted, ,new sectlon
for section
namely:- ' , !OOA. '
" lOOA. Notwithstanding anything contained in any Letters Patent for any High
Court or in any instrument having the force of law or in any other law for the time
being in force. where any appeal from an original or appellate decre~or order is heard
and decided by a Single Judge of a High Court, no further appeal shall lie from the
judgment and decree of such Single Judge.".
5.'For section, 102 of the principal Act [as substituted by section II of the Code of
46 of 1999. Civil Procedure (Amendment) Act. 1999], the following section shall be substituted•.
namely:-
No further
appeal in
certllin cases.
Substitution of
new section for
section 102.
46 of 1999.
"102. No second appeal shall lie from any decree, when the subject matter of
the original suit is for recovery of money not exceeding twenty-five thousand
rupees.".
6. In the. Fin;t Schedule to the principal Act (hereinafter referred to as the First
Schedule). in Order V.-
(i) in rule I, for sub-rule (l) [as substituted hy clause (i) of section 15 of the
Code of Civil Procedure (Amendment) Act. 1999]. the following sub-rule shilll he
, substituted, namely:-
"(I) When a suit has been duly instituted, a summons may be issued to
lhe defendant to appear and answer the claim and to file the written statement
of his defence. if any. within thirty days from the date of.service ofsummon's on
that dr.fendant: '
Provided that no such summons shall. be issued when a defendant has
appeared at the presentation of plaint and admitted th~ plaintiff's claim:
Provided further lhat where the defendant fails to file the written state-
ment within the said period of thirty days, he shall be allowed to file the same
on such other day as may be specified by the Court•. for reas~:ms to be recorded
in writing, but which shall not be later than ninety days from the date of service
of summons."; ,
No second
appeal in
certain CalCS.
Amendmcnt of
Order V.
46 of 1999.
(ii) for rule 9 [as substituted by clause (v) of section 15 of the Code of Civil
Procedure (Amendment) Act, 1999], the following ru'les shall be substituted, namely:-
"9. (1) Where the defendant resides within the jurisdiction of the Court in.
which the suit is instituted, or has an agent resident within that jurisdiction
who is empowered to accept the service of the summons. the summons shall,
unless the Court otherwise directs, be delivered or sent either to the proper
officer to be served by him or one of his subordinates or to such courier services
as are approved by the Court.
(2) The proper officer may be an officer of a Court other than that in
which the suit i~ instituted, and, where he. is such an officer, the summons may
be sent to him in such manner as the Court may direct.
(3) The services of summons may be made by deliver;,;,g or transmitting
a copy thereof by registered post acknowledgment due, addressed to the
Delivery of
summons by
Court.
A CHD. ADMN. GAZ. (EXTRA.) JULY 10, 2002 (ASADHA 19, 1924 SAKA) 1789
3. Section 64 of the principal Act shall be renumbered as sub- section (I) of that
section and after sub—section (1) as so renumbered. the following sub-section shall be
inserted, namely: ——
"(2) Nothing in this section shall apply to any private transfer or delivery of the
property attached or of any interest therein, made in pursuance of any contract for
such transfer or delivery entered into and registered before the attachment".
, 4; For section 100A of the principal Act [as substituted by section 10 of the Code of
46 of 1999. Civil Procedure (Amendment) Act, 1999], the following section shall be substituted,
, namely:—
"100A. Notwithstanding anything contained in any Letters Patent for-any High
Court or in any instrument having the force of law or in any other law for the time
being in force, where any appeal from an original or appellate decree or order is heard
and decided by a SingleJudge of a High Court, no further appeal shall lie from the
judgment and decree of such Single Judge".
5. For section 102 of the principal Act [as substituted by section ll of the Code of
46 of I999 Civil Procedure (Amendment) Act, 1999], the following section shall be substituted
namely: —— .
"102. No second appeal shall lie from any decree, when the subject matter of
the original suit is for recovery of money not exceeding twenty-five thousand
rupees".
6. 1n the. First Schedule to the principal Act (hereinafter referred to as the First
Schedule), in Order V,—
(i) in rule l, for subqule (I) [as substituted by clause (i) of section 15 of the
46 0f l999- Code of Civil Procedure (Amendment) Act, 1999], the following sub—rule shall be
substituted, namely:~—
"(1) When a suit has been duly instituted, a summons may be issued to.
the defendant to appear and answer the claim and to file the written statement
of his defence, if any, within thirty days from the date ofrservice of summons on
that defendant: -
Provided that no such summons shallbe issued when a defendant has
appeared at the presentation of plaint and admitted the plaintiffs claim:
Provided further that where the defendant fails to file the written state-
ment within the said period of thirty days, he shall be allowed to file the same
on such other day as may be specified by the Court, for reasons to be recorded
in writing, but which shall not be later than ninety days from the date of service
of summons"; ' '
(ii) for rule 9 [as substituted by clause (v) of section 15 of the Code of Civil
46 of 1999- Procedurc(Amendment)Act, 1999], the following rules shallbesubstituted, namely: ~—
"9. (1) Where the defendant resides within the Jurisdiction of the Court in.
which the suit is instituted, or has an agent resident within that jurisdiction
who is empowered to accept the service of the summons, the summons shall,
unless the Court otherwise directs, be delivered or sent either to the proper
officer to be served by him or one of his subordinates or to such courier services
as are approved by the Court.
(2) The proper officer may be an officer of a Court other than that in
which the suit is instituted, and, where he. is such an officer, the summons may
be sent to him in such manner as the Court may direct.
(3) The services of summons may be made by delivering or transmitting
a copy thereof by registered post acknowledgment due, addressed to the
Amen d m e nt
of section 64.
Substitution of
. new section
for section
100A. v
No further
appeal in
certain cases.
Substitution of
new section for
' section l02.
No second
appeal in
certain cases.
Amendment of
Order V.
Delivery of
summons by
Court.
1790 CHD. ADMN. GAt.· (EXTRA.) JULY 10, 2002 (ASADHA19,. 1924 SAKM
Summon~
given lo the
plaintiff for
service.
Amendment
of Order VI..
Amendment
of pleadings.
Failure to
amend after
Order.
defendantor ~is agent emPQ~ered to accept th~ service or by speed post or by such
courier services as are approved QY theHigh Courtorby theCourt referred to in sul>-
rule (1) Or by any other means oftransmission ofdocuments (including fax message
cir electronic mml service) provided by the rules mack by the High Court:
Provided that the service of summons under this 'sub-mle shall be made at the
expenses of the plaintiff.
(4) Notwithstanding anything co~tained in· sub-rule (1), where a defendant
resides outside thejurisdiction of the Court in which the suit is instituted, and the
Court directs that the servic£of'summons on that defendant may be made by such
mode ofservice ofsummons as is referred to in sul>-rule (3) (except by registered post •.
acknowledgment due), the provisions of rule 21 shall not apply. - ,.
(5) when an ac!cnowledgmeni or any other receipt purporting to be signed by.
the defendant or h}s agent is 'received by the Court' or postal article containing the·
summons is reCei ved back by the Court with an endo~ment purporting to have been I .
made by a.postal employee Or by any perso? authorised by the courier service to the i .
effect that the defendant or his agent had refused to take delivery of the postal articl~ I
containing the summons or had refus~ to accept the summons by any other means
specified in sub-rule (3) when tendered ot transmitted to him,. the Court issuing the
summons shall declare that the summons had been duly served on the defendant: :
Provided that where the summons was-properly add~sed, pre-paid and duly I
sent by registered post acknowledgment due, the declaration referred to in this sub-
rule shall be made notwithstanding the fact that the acknowledgment having been
lost or mislaid, or forimy other reason, has not been received by the Court within I
thirty days from the date of issue of summons. _,.. . . .
(6) The High Court or the District Judge, as-the case milY be. shall prepare a I
panel of courier agencies for the purposes of sub-rule (I). . J-
9A. (l) Th.e Court m~y. in addition to the service of summons under rule 9•. on I'
the application of the plaintiff for the issue of a summons fonhe appearance ·of the ..
defendant, pennit such plaintiff to effect service of such summons on such dcfendant I
and shall, in such a' case, deliver the sumnions to such plaintiff for service.· I
(2) The service of such ~um~ons shall be effected by or on behalf ~(su~h!
plaintiff by delivering or tendering to the deferidant personally a copy thereof signed !
by the Jlldge or such officer of the Court as he may appoint in this behalf and sealed i
with the seal of the Court or by such mode ofservice as is referred {o in sub-rule (3) of.
rule 9, ... . . . . ..... .... .. -.. . I
(3) The provisions of rules 16 and 18 shall .apply to a summons personally!
served under this rule as if the person effecting service were a ~erving officer. . I
{4} Ifsuch summons. when tendered. is refused or if the person served refuses to .
sign an acknowledgment of service or for any reason such summons c.annot be setved '
personally, the Court shall, on the application of the party'. re-issue such summons to '
be served by the Court in th.e same manner as a summons to a defendant.Ii; .
7. In thoFirst Schedule, in Order VI, for rules 17 and 18 [as they stood immediately
before their oinission by clause (iiI) of section 16 of the Code of Civil Procedure (Amend-
ment) Act, 19991 the following rules shall be substituted. namely:- 46 of 1999.
"17. The. Court may at any stage of the proceedings allow eitherparty to alter or
amend his pleadings in such manner and on such tenns as may· be just. and all such
amendments shall be made·as may be necessary for the purpose of detennining the
real questions in controversy between the parties: .
Provided that no application for amendment shall be allowed after the trial has
commenced, unless the Court comes to th~ conclusion that in spite of due diliience,
.the party could not have raised the.DJatter before the commencement of trial. . ~
, 18. If a party who has obtain~d an order fl'l' lea've to amend does not·amend
accordingly within .the time limited for that purpose by the order, or if no. time is
i·
'.
A 1790 can. ADMN. GAZ‘.‘(EXTRA.) JULY 10, 2002 (ASADHA '19,. 1924 SAX-A)
defendant or his agent empowered to accept the service or by speed post or by such
courier services as are approved by theHigh Court or’by the Court refened to in sub-
rule (1) or by any other means of transmission of documents (including fax message
or electronic mail service) provided by the rules made by the High Court:
Provided that the service of summons under this sub-rule shall be made at the
expenses of the plaintiff. . . ,
(4) Notwithstanding anything contained in- sub-rule (1), where a defendant
resides outside the jurisdiction of the Court in which the suit is instituted. and the
Court directs that the service’of'summons on that defendant may be made by such
mode of service of summons as is referred to in sub-rule (3) (except by registered post ; '
acknowledgment due), the provisions of rule 21 shall not apply
I
l
(5) when an acknowledgment or any other receipt purporting- to be signed by (
the defendant or his agent is received by the Court or postal article containing the ,
summons is received back by the Court with an endorsement purporting to have been .
made by a postal employee or by any person authorised by the courier service to the ‘ ‘ .
effect that the defendant or his agent had refused to take delivery of the postal article
containing the summons or had refused to accept the summons by any other means
specified 1n sub—rule (3) when tendered or transmitted to him, the Court issuing the
summons shall declare that the summons had been duly served on the defendant:
Provided that where the summons was- properly addressed. pre-paid and duly
sent by registered post acknowledgment due, the declaration referred to in this sub-
rule shall be made notwithstanding the fact that the acknowledgment having been
lost or mislaid, or for any other reason, has not been received by the Court within
thirty days from the date of 1ssue of summons.
(6) The High Court or the District Judge, as the case may be shall prepare a:
panel of courier agencies for the purposes of sub-rule (1) . i
Summons 9A. (1) The Court may, in addition to the service of sumtnons under rule‘9,.on :
sivIcn I10 the the application of the plaintiff for the issue of a summons for. the appearance of the '
51mg" f‘". defendant, permit such plaintiff to effect service of such summons on such defendant.
and shall in such a case, deliver the summons to such plaintiff for service.
(2) The service of such summons shall be effected by or on bréhalf of such.
plaintiff by delivering or tendering to the defendant personally a copy thereof signed '
by the Judge or such officer of the Court as he may appoint in this behalf and sealed
with the seal of the Court or by such mode of service as is referred to in sub—rule I(3) of i
rule 9 - , » . 1 - - -
(3) The provisions of rules 16 and 18 shall apply to a summons personally!
served under this rule as if the person effecting service were a serving officer. ‘
(4) If such summons, when tendered, is refused or if the person served refuses to 1
sign an acknowledgment of service or for any reason such summons cannot be served 2
i
H
personally, the Court shall, on the application of the party, reissue such summons to r I f
be served by the Court in the same manner as a suMons to a defendant.".' 1'
Amendment 7. In the First Schedule. 1n Order VI, for rules 17 and 18 [as they stood immediately
"f 0m" .V’ before their omission by clause (iii) of section 16 of the Code of Civil Procedure (Amend-
, ment) Act, 1999] the following mics shall be substituted, namely: — - , , 4? of 199.9.
Amendment " 17. The Court may at any stage of the proceedings allow either party to alter or '
of pleadings. amend his pleadings in such manner and on such terms as may- bejust, and all such
amendments shall be made as may be necessary for the purpose of determining the
real questions in controversy between the parties:
Provided that no application for amendment shall be allowed after the trial has
commenced, unless the Court comes to the conclusion that 1n spite of due diligence,
the party could not have raised the matter before the commencement of trial
Failure to 18. If a party who has obtained an order for leave to amend does not- amend
3:3" “a" accordingly within the time limited for that purpose by the order, or if no time rs
CHD. ADMN. GAZ. (EXTRA.) JULY 10, 2002 (ASADHA 19, 1924 SAKA) .1791
thereby limited then within fourteen days from the date of the order, he shall not be .
permitted to amend after the expiration of.such limited. time as aforesaid or of such
fourteen days, as the case may be, unless. the time is extended by the Court,".
46 of 1999.
46 of 1999.
46 of 1999.
46 of 1999.
46 of 1999.
46 of 1999.
46 of 1999.
8. In the First Schedule, in OrderVII,-·
(i) for rule 9 [as substituted by clause (I) of section 17 of the Code of'Civir
Procedure (Amendment) Act, 1999], the fo1l9wing rule shall be substituted, namely:-
"9. Where the Court orders that the summons be served on the defendaritS
in .the manner. PC9vided in rule 9 ofOrderV, it will direct·the plaintiff to:present
as many copies of the plaint on plain paper as there~ defendants within seven
days from the date of such order along with requisite fee for serVice of summons
on the defend~ls,"; . /-.
(ii) in rule 11, for sUb.claus~ (f) and (g) [~ inserted by clause (ii) ofs~~ion 17
of the Code of Civil Procedure (Amendment) Act, 1999], the following sub-clause
shall be substituted, namely:-
"(f) ~vhere the plaintiff fails to comply with. the provisions of rule 9.";
(iii) in rule 14 [as substituted by clause (iii) of section 17 of the Code ofCivil
Procedure (Amendment) Act, 1?99], for sub-rule (3), the following ::ub-rule shall ~c
substituted, namdY:- . . .• . . .
"(3) A document which ought to be produced in Court by the plaintiff
when the plaint is presented, ·or (0 be entered in the list to l>e added or annexed
to the plaint but is not produced or entered accordingly, sh~ll not, without.the
leave of the Court. be receiv¢d in evidence on his bebalf at the hearing of the
suit."; ...
(iv) rule 18 [as amended by clause (v) of section J7 of the Code of Civil
Procedure (Amendment) Act. 1999J shallbe omitted.
.9. hlhe First Schedule~ in Order VIIl,-'.. ,
(i) for rule I [as substituted by clause (i) of section 18 of the Code of
Civil Procedure (Amendment) Act, .1999]. the·following rule shall be substituted, .
namely:- .. .
"I. The defendant shall, within thirty days from the date of service of
summons on him, present awritten statement of his defence: .
Provided that where the defendant fails to file the written statement within
the said period of thirty days, he shall be allowed to file the same'on s~ch other
day, as may be specified by the Court, for reas<'ns to be re.corded in writing, but
which shall not be later than ninety days from the date ofservice ofsummoris."; .
.. . . .
(ii) in rule IA [as inserted by' ciause (ii) of section 18 of the Code of Civil
. Procedure (Amendment) Act, 1999], for sub-rule (3), the following ~~'lrrule shall. be .
substituted, niuneIy:-.
"(3) A document w~ch ought to be produced in Court by the defendant
under this rule, but, is'not so produced shall no~ without the leave of the Court,
be received In evidence on his behalf at. the hearing of the suit.";
. (iii) for rules 9 and 10 [as ·theY stood imm~Jately"~fore their omission by .
clause (iiI) ofsection18 of theCode of Civil Procedure (Amendment) Act;' 1999], the
following rules shall be substituted. namely:~ .'.... . . . . .
. . ~. . .. . .
. . . "9. No pleading sUb~equent to the written statement of a defendantother
than by way of defence to set-off or counter-claim shall be presented except by
Amendment
of Order VII.
Procedure on
.. admitting
plaint.
Amendment
of Order VlII.•
Written
statement.
Subsequent. .
pleadings.
can. ADMN. GAZ. (EXTRA.) JULY 10. 2-002 .(ASADHA 19, 1924 SAKA) 1791
W
46 of 1999.
46 of l999.
_46 of 1999.
46 of 1999.
46 of l999.
45 of 1999. _
46 of l999.
thereby limited then within fourteen days from the date of the order. he shall not be
permitted to amend after the expiration of such limited time as aforesaid or of such
fourteen days, as the case may be, unless. the time is extended by the Court..".
8. in the First Schedule, in 0rderVII,—-—
(n for rule 9 [is substituted by clause (1) of section 17 of the Code of 'Civil'
Piocedure (Amendment) Act, 1999], the following rule shall be substituted, _namely:—-
"9. Where the Court orders that the summons be served on the defendants
in the manner provided' In mle 9 of OrderV, it will direct the plaintiff to present
as many Copies of the plaint on plain paper as there are defendants within seven
days from the date of such order along with requisite fee for service of. summons
on the defendants; " K - . . - '
(ii)'1n rule 1 l, for sub-clauses (f) and (g) [as inserted by clause (ii) of section 17
Amendment
of Order Vll.
_ Procedure on
' admitting
plaint.
of the Code of Civil Procedure (Amendment) Act, 1999], the following sub-clause _
shall be substituted. namely: -
- - “(f) where the plaintiff fails to comply with the provisions of rule 9.";
. (iii) in rule 14- [as substituted by clause (iii) of section 17 of the Code of Civil
Procedure (Amendment) Act 1999], for sub-rule (3). the following sub-rule shall be
substituted, namely: -
"(3) A document which ought to be produced tn Court by the plaintiff
when the plaint ts presented, or to be entered in the list to be added or annexed
to the plaint but' 1s not produced or entered accordingly, shall not. without the
leave .Of the Court. be received in evidence on his behalf at the hearing of the
suit."
(iv) rule 18 [as amended by clause (v) of section l7 of the Code of Civil
Procedure (Amendment) Act. 1999) shall be omitted.
9. In the First Schedule, in Order VIll,—' :
(i) for rule 1 [as substituted by clause (i) of section 18 of. the Code of
Civil Procedure (Amendment) Act. l999]. the following rule shall be substituted,
namely: ——- ..
"l The defendant shall within thirty days from the date of Service of
summons on him, present 'a written statement of his defence:
Provided that where the defendant fails to file the written statement within
the said period of thirty days, he shall be allowed to file- the same on such other
day, as may be specified by the Court, for reasdns to be recorded in Writing, but
which shall not be later than ninety days from the date of service of summons"
(ii) in rule 1A [as inserted by clause (ii) of sectiOn 18 of the Code of Civil.
Procedure (Amendment) Act, 1999]. for sub-rule (3). the following sub-rule shall be
substituted. namely: -— . .
"(3) A document which ought to be produced' in Court by the defendant
under this rule. but,‘ is not so produced shall not, without the leave of the Court,
be received in evidence on his behalf at the hearing. of the suit. ";
. (iii) for rules 9 and 10 [as they stood immediately before their omission by
clause (iii) of section 1 8 of the Code of Civil Procedure (Amendment) Act, 1999], the
following rules shall be substituted, namely; ~—
.-.
. "9. No pleading subsequent to the written statement of a defendant other
than by way of defence to set-off or counter-claim shall be presented except by
Amendment.
9 of Order Vlll. '
Written
statement.
Subsequent —
pleadings.
1792 CHD. ADMN. GAZ. (EXTRA.) JULY 10, 2002 (ASADHA 19, 1924 SAKA)
;'
Procedure
when party
fails 10 present
written
slatemcnt
coiled for by
Cour!.
Amendment of
Order IX.
Dismissal of
suil where
summons 1I0t
served in
consequence of
r1ainlifrs .
failure (0 pay.
costs.
A ll1endmenl
"rOnkr XIV.
Power to
amend. and
strike 0111.
issues.
Amendment
of Order
XVIII.
the leave of the Court and upon such te~s as the Court thinks fit; but the Court
may at any time require a written statement 'or additionl;l! written statement
from any of the parties cut and fix a time of not mOre than thirty days for
presenting the same.
. 10. Where any party from whom ~ Wt;itten s~tement is required under rule
I or rule 9 fnils' to present the same within the time permitted or fixed by the
COUl1, as the case may be, the Court shall pronounce judgment against him, or
make such order in relation to the suit as it thinks fit and on the pronouncement
of such judgment a decree shall ~ drawn up"': .
. 10.]n the First Schedule, in Order IX, for ruie 2lai substit!!ted by clause (i) of section'
19 of the Code of Civil Procedure (Amendment) Act, 1999], the following rule shall be 46. of 1999:
substituied, namely:- " . . '. .
"2. Where on the day so fixed it i~ found that the summons has not been served
upon the defendant in cQnsequenee of the·failure of the plaintiff to pay the court-fee
or postal charges, if any, chargeable for such service, or, failure to present-copies of the
plaint as required by rule 9of Order VII, the Court may make an order that the suit be
dismissed: : .
Provided that no such order shall be made, if notwithsianding sU~h failure, the'
defendant.attends in person or by agent when he is alld"wed to appear by agent on the
day fixed for him to appear and answer.". '.'
. '.
II. In the First Schedule, in OrderXrV, for'rule 5 [as it ~tood immediately before its
omission by clOllSll (ii) of seeliOIl 24 of tho Code of Civil P~occdUte.·(Anwndlllcnl) /\cl,
1999], the following rule shall be substituted, namely:- 46 of 19C;9,
:;,'. "
"5. (1) The Court may at any time before passing a decree ainend the issues or
frame ad~jtional issues oli sucli terms as jt thinks fit, and all such amendments 01'
additional issues as may be necessary for dcter.miliing .l.he matters in controversy
between the parties 'shall be so made or framed.
. (2) The Court may also, at any time before passing a decree, strike out any
issues that appear to it to be wrongly framed or i~tJ:oduced.".
12. In the First Schedule, in Order XVIIl;-
(a) in rule 2, after sub~rule(3), the following $ub-t:UIes.shall be inserted, namely:-
"(3A) Any party may address oral arguments i~ a case, and shall, befor~ he
concludes the oral arguments; if any, submit if the Court so permits concisely
and under distinct headings written· arguments in support of his case to the
Court and such written arguments shall'fonn part of the record. .
(38) A copy ~f.such wei tten argumentS shall be simultaneously furnished
to the oppOsite party. . .
(3C)No adjournment shall be granted for the purpose of filing the written
arguments: unless the Court, for rcason~ to be recorded in writing, considers it
necessary to'grant such adjournment.
(3D) The Court shall fix such time-limits for the oial arguments by either.
of the partieS in a case, as it thinks fit."L ..
A1792 CHD. ADMN. GAZ. (EXTRA.-)_. JULY 10, 2002 ('ASADHA 19, 1924 SAKA)
Procedure
when party
fails to present
written
statement
called for by
Court.
Amendment of
Order er
Dlsmlssal of
suit where
summons not
served in
consequence of
plaintiff‘s ‘
failure to pay,
costs.
Amendment
nl Order XlV.
Power to
amend. and
strike out,
issues
Amendment
of Order
XVlll.
the leave of the Court and upon such terms as the Court thinks fit; but the Court
may at any time require a written statement or additional written statement
from any of the parties cut and fix a time of not more than thirty days for
presenting the same.
10. Where any party from whom a written statement is required under rule
1 or rule 9 fails to present the samewithin the time permitted or fixed by the
Court. as the case may be, the Court shall pronounce judgment against him, or
make such order'in relation to the suit as it thinkstfit and on the pronouncement
of such judgment a decree shall be draw up)“.
10. In the First Schedule, in Order IX, for ruie 2 {as substituted by clause (ii of section
19 of the Code of Civil Procedure (Amendment) Act, I999], the following rule shall be 46 of 1999.”
substituted, namely:—- a
"2. Where on the day so fixed it is-found that the summons has not been served
upon the defendant in consequence of the-failure of the plaintiff to pay the court- fee
or postal charges, if any. chargeable for such service. orfailureto presentcopics of the
plaint as required by rule 9 of Order VII, the Courtmay make an order that the suit be
dismissed: .
Provided that no such order shall be made. if notwithstanding such failure, the
defendantattends in person-or by agent when he is allowed to appear by agent on the
day fixed for'him to appear and answer”.
11. In the First Schedule, in Order XIV, for'rule 5 [as it stood immediately before its
omission by clause (ii) of section 24 of the Code of Civil Procedure (Amendment) Act,
1999], the following rule shall be substituted, namely:—— . 46 of W39.
"5. (1) The Court may at any time before passing a decree ainend the issues or
frame additional issues on such terms as it thinks fit. and all such amendments or
additional issues as may be' necessary for determining-the matters in controversy
betWeen the parties shall be so made or framed.
(2) The Court may also, at' any time before passing a decree, strike out any
issues that appear to it to be wrongly framed or introduced".
12. In the First Schedule, in Order XV III;—
(a) in rule 2, aftersub—rule (3), the following sub-rulesshall be inserted, namely :—
"(3A) Any partymay address oral arguments in a case, and shall, before he
concludes the oral arguments, if. any. submit if the Court so permits concisely
and under distinct headings written-arguments in support of his case. to the
Court and such written arguments shall form part of the'record. '
(38) A copy ofsuch written arguments shall be simultaneously furnished
to the oppOsite party. ‘
(3QVNO adjournment shall be granted for the purpose of filing the written
argumentséuhless the Court, for reasons to be recorded in Writing, considers it
necessary to'grant such adjournment.
(SD) The Court shall fix such time-limits for the oral arguments by either
.of the parties in acase, as it thinks fit"; " ~ ’
CHD. ADMN. GAZ. (EXTRA.) JULY, 10, 2002 (ASADHA 19, 1924 SAKA)l~
li
:,
I 46 of 1999,
, '
(b) for rule 4 [as substituted by c1a:use(i,) of section 27 of the Code of Civil
Procedure (Amendment) Act. 1999), the following rule shall be substitut~, nam~ly:-. ," ..... .
"4. (1) In every case. the examination-in-chief of a witness shall be on
affidavit and copies thereof shall be supplied to the opposite party by the party
who calls him for evidence: " ,
Provided that where documenis are filed and the parties rely ~pon the
documents, the proof nnd !ldmissibllity of suchdocuments which-nre filed
along with affidavit shall be subject to the orders of the Court.
(2) The eVid~nce (cross-ex~mination and re-examination) of the witness
in attendance, whose evidence (examination-in-chief) by ,affidavit has been
furnished t(j the Corirt, shall be taken either by the Court or by the Commis-
sioner appointed by it:
, ' .
,Provided that the Court may, while appoiJiting a commission under this
sub-rule; consider taking into account such relevant factors as it thinks, fit.
(3) The Court or the, Commissioner. as the case mily be. shall record
evidence either in writingortriechanically in the presence of the Judge or of the
Commissioner. as the case may be, ~rid where such evidence is recorded by the
Commissioner he shall return such evidence together with his report in writing
signed by him to the Court appointing him ~nd the evidence taken under it
shall form part of the record of the suit. '
(4) The ,Commissioner may record such remarks as it thinks material
respecting the demeanour of any witness while under examination:
, Provided that any objection raised during the recording of evidence
before the Commissionershnll be recorded by him and deCided by thq Court at
the stage of arguments.
(5) The report of the Commissioiu;r shall be submitted to the Court ap- ,
pointing the commission within sl,xty days from the date of issue of the com- ;
mission unless the Court for reasons to be recorded in writing extends the lime. ,
;Recording of
,evidence,
!
I
• . , I
(8) The provisions ofrules 16. I6A. 17 and 18 ofOrder XXVI, in so far as;
they are applicable, shall apply to the 'issue, exeCution and return of such'
commission under this rule,". :
" . (6) The High Court or the District Judge,~ the case may be, shall prepare
a panel of Commissioners to record th~'evidence under this rule. ' I
(7) TheCourt may. by general or special order fix the amount to be paid as I
remuneration for the services of the Commissioner.
, '
, 13. In the First Schedu,le, in Order XX, in rule I, for sub-rule (1), the following sub- , Amendment
rule shall be substituted. namely:-' , 'ofOrder Xx.
"(1) The Court. after the case has been heard. shall pf()nounce judgment ill an,:
open Court, either at once, or as soon thereafter as may be practicable and \vh.en the
judgment is to be pronounced, on some future day. the Court shall fix. a day f~r that
purpose, of which due notice shall be given to the parties or their pleaders:
Provided that where the judgment is ~ot pronounced at once. every endeavour
shall be made by the Court to pronounce the judgment within thirty days from the
date on which the hearing of the case was concluded but,'where it is not practicable,
so to do on the ground of the exceptional and extraordinary circumstances of the'
case, the Court shall fix a future day for the pronouncementof the judgment. and such
day shall not ordinarily be a day beyond sixty days from the date on which, the
hearing of the «ase was concluded. and due notice of the day so fixed shall be given
to the parties ortheir pleaders," .'
5,
il
CHD. ADMN. GAZ. (EXTRA.) JULY 10, 2002 (ASADHA 19, 1924 'SAKA) 1793
46 of |999. -
(b) for rule 4 [as substituted by cla'usett'i) of section 27 of the Code of Civil
Procedure (Amendment) Act, 1999], the following rule shall be substituttxi, namely. ——
"4. (I) In every case, the exaniination-in-chief of a witness shall be on
affidavit and copies thereof shall be supplied to the opposite party by the party
who calls him for evidence: .
Provided that where documents are filed and the parties rely upon the
documents. the proof and admissibility of such documents'whichare filed ..
along with affidavit shall be subject to the orders of the Court.
Recording of
evidence.
[ .
(2) The evidence (cross-examination and re-examination) of the witness »
in attendance, whose evidence (examination-in-chief) by affidavit has been
furnished to the Court, shall be taken either by the Court or by the Commis-
sioner appointed by it:
Provided that the. Court may. while appointing a commission under this 3
sub- rule, consider taking into account such relevant factors as it thinks fit.
- (3) The Court or theCommissioner, as the case may he, shall record
evidence either in wrifing-onmechanically in the presence of the Judge or of the
Commissioner, as the case may be, and where such evidence is recorded by the
Commissioner he shall return such evidence together with his report in writing
signed by him to the Court appointing him and the evidence taken under it -
shall form part of the record of the suit.
(4) The Commissioner may record such remarks as it thinks material
respecting the demeanour of any witness while under examination:
_ Provided that any objection‘raised during the recording of evidence
before the CommissiOner shall be recorded by him and decided by the Court at
the stage of arguments. '
(5) The report of the Commissioner shall be submitted to the Court 3p».
pointing the commission within sixty days from the date of issue of the com- ?
mission unless the Court for reasons to be recorded in writing extends the time
(6) The High Court or the District Judge, as the case may be, shall prepare
a panel of Commissioners to record the evidence under this rule. i
(7) The Court may. by general or special order for the amount to be paid as i V
remuneration for the services of the Commissioner.
(8) The provisions of rules 16,16A,l7 and 18 of Order XXVI. in so far as
they are applicable, shall apply to the issue, execution and return of such
commission under this rule," .
l
1
, of Order XX.
13. In the First Schedule, 1n Order X in rule l, for sub-rule (1), the following Sub~ . Amcndmem
rule shall be substituted. namely: ——
“(1) The Court, after the case has been heard, shall pronounce judgment inlan i
open Court, either at once, or as soon thereafter as may be practicable and When the
judgment is to be pronouncedon some future day, the Court shall fix a day for that
purpose, of which due notice shall be given to the parties ortheir pleadcrs:
Provided that where the judgment is not pronounced at once, every endeavour
shall be made by the Court to pronounce the judgment within thirty days from the
date on which the hearing of the case was concluded bun-Where it is not practicable.
so to .do on the ground of the exceptional and extraordinary circumstances-of the‘
case, the Court shall fix a future day for the pronouncement of thejudgment, and such
day shall not ordinarily be a day beyond sixty days from the date on which. the
hearing of the case was concluded, and due notice of the day so fixed shall be given
to the patties or their pleadersu "
1794
CHD. ADMN. GAZ. (EXTRA.) JULY 10, 2002 (ASADHA 19, 1924 SAKA)
Amendment
of Order XXI.
Amendment
of the Code
of Civil
Procedure
(Amendment)
Act, 1999.
14.1n the First Schedule, in Order XXI,-
(a) in rule 32, in sub-rule (5), the following Explanation shall be inserted,
namcly:-
"Explanation.-For the removal of doubts, it is hereby declared that the
expression "the act required to be done" cover~ prohibitory as well as manda-
tory injunctions.";
(b) in rule 92, in sub-ru~e (2),-
(i) for the words "thirty days", the words "sixty days" shall be substituted;
(ii) after the first proviso, the following proviso shall be inserted, namely:-
"Provided further that the deposit unfler this sub-rule may be made
within sixty days in all such cases where the period of thirty days, within
which the deposit had to be made, has not expired before the commence-
ment of the Code of Civil Procedure (Amendment) Act, 2002.".
15. In the Code of Civil Procedure (Amendment) Act, 1999,~
(a) section 30 .shall be omitted;
(b) in section 32, in sub-section (2).-
(i) ciauses (8) and (h) shall be omitted;
(ii) for clause (il, the following clause ('hall be substituted, namely:~
"(j) the provisions of rules'.!, 2, 6, 7, 9, 9A, 19A, 21, 24 and 25 of
OrderV of the First Schedule as amended or, as the case may be, substituted
or omitted by seCtion 15 of this Act, and by section 6 of the Code of Civil
Procedure (Amendment) Act. 2002~ shall nol apply to in respect of any
proceedings pending before the commencement of section 15 of this Act
and section 6 ofihe Code of Civil. Procedure (Amendment) Act, 2002;";
(i;;) for clause (k), the following clause shall be substituted,
namely:- .
"(k) the provisions of rules 9, 11, 14, 15 and 18 of Order VII of the
First Schedule as amended or, as the case may be, substituted or omitted
by section 17 of this Act and by section 8 of the Code of Civil Procedure
(Amendment) Act, 2002, shall not apply to in respect of any proceedings
pending before the commencement of section 17 of this Act and section
8 of the Code of Civil Procedure (Amendment) Act, 2002;";
(iv) for cl.ause (I), the following clauseshaJI be substituted,
namely:-.
"(I) the pr~visionsof rules 1; lA, 8A, 9 and 10 of Order VUI of the
First Schedule as substituted or, as the case may be, inserted or omitted by
section 18 of this Act and by section 9 of the Code of Civil Procedure
(Amendment) Act. 2002, shall not apply to a written statement filed and
presented before the commencement of section 18 ofthis Act and section
9 of the Code of Civil Procedure' (Amendment) 7\ct, 2002;";
( ,
46 of t999.
1794
CHD. ADMN. GAZ. (EXTRA.) JULY 10, 2002 (ASADHA 19, 1924 SAKA)
W
14. in the First Schedule, in Order XXI,—
Amendment
of Order XXL
Amendment
of the Code
ofCivil
Procedure
(Amendment)
Act, I999.
(a) in rule 32, in sub-rule (5), the following Explanation shall be inserted,
namely:—
“Explanation.—For the removal of doubts, it is hereby declared that the
expression "the act required to be done" covers prohibitory as well as manda-
tory injunctions"; ‘ '
(b) in rule 92. in sub-rule (2).—
(i) for the words "thirty days", the words "sixty days" shall be substituted;
(it) after the first proviso, the following proviso shall be inserted, namely—-
“Provided further that the deposit under this sub-rule may be made
within sixty days in all such cases where the period of thirty days, within
which the deposit had to be made. has not expired before the commence-
ment of the Code of Civil Procedure (Amendment) Act, 2002.".
15. In the Code of Civil Procedure (Amendment) Act, 1999,—-—
(a) section 30 shall be omitted;
(b) in section 32, in sub-section (2):—~
(i) clauses (g) and (it) shall be omitted;
(ii) for clause (j), the following clause shall be Substituted, namely:—-—»
“(1') the provisions of rules], 2, 6, 7, 9, 9A, l9A, 21, 24 and 25 of -
OrderV of the First Schedule as amended or. as the case may be, substituted
or omitted by section 15 of this Act,Vand by section 6 of the Code of Civil
Procedure (Amendment) Act, 2002, shall not apply to in respect of any
proceedings pending before the commencement of section 15 of this Act
and section 6 of the Code of Civil. Procedure (Amendment) Act, 2002;";
(iii) for clause (k), the following clause shall be substituted,
namely:—
"(k) the provisions of rules 9, ll. l4, l5 and 18 of Order VII of the
First Schedule as amended or, as the case may be, substituted or omitted
by section 17 of this Act and by section 8 of the Code of Civil Procedure
(Amendment) Act, 2002, shall not apply to in respect of any proceedings
pending before the commencement of section 17 of this Act and section
8 of the Code of Civil Procedure (Amendment) Act, 2002;";
(iv) for clause (I), the following clause shall be substituted,
namely:-—.— .
’ “(1) the proVisions of rules 1', 1A, 8A, 9 and 10 of Order VIII of the
First Schedule as substituted or, as the case may be, inserted or omitted by
section 18 of this Act and by section 9 of the Code of Civil Procedure
(Amendment) Act, 2002, shall not apply to a written statement filed and
presented before the commencement of section 18 of this Act and section
9 of the Code of Civil Procedure (Amendment) Act, 2002;";
46 of [999.
CHD. ADMN. GAZ. (EXTRA.) JULY 10, 2002 (ASADHA 19, 1924 SAKA) 1795
(v) for clause (q), the' following clause shall be substituted,
namely:-
"(q) the provisions of rules 4 and 5 of Order XIV of the First
Schedule as amended or, as the case may be, substituted by section 24 of
-this Act and section 11 of the Code of Civil Procedure (Amendment) Act,
2002, shall not affect any order made by the Court adjourning the fram-
ing of the issues and amending and striking put issues before the com·
mencemcnt of seclion 24 of tllis Act and section 11 of tho Code of Civil
Procedure (Amendment) Act, 2002;";
(vi) in clause (s) for the figures "25" at both the place's, the figures
'.'26" shall be substituted;
(vii) clause (u) shall be omitt~.
16. (l)Any amendment made, or any provision inserted in the principal Act by a State Repeal and
Legislature or High Court before the commencement of lhisAct shall, except in so far as savings.
such amendment or provisions are consisten~wit~ the principal Act as amended by this Act,
stand repealed.·
(2) Notwithstanding that the provisions of this Act have come into force or repeal
under sub-section (1) has taken effect, and without prejudice to the generality of the provi-
10 of 1897. sions of section 6 of the General Clauses Act, 1897,-
(a) the provisions of section 102 of the principal Act as substituted by section
5 of this Act, shall not apply to or affect any appeal which had been admitted before
the cO'.1",mencement of section 5; and every such appeal shall be disposed of as if
~cction 5 had not come into force;
46 of 1999.
~b) the previsions of IUIeS 5. 15, 17 nnd 18 of Order VI of the Firsl Schedule as
omitted or, as the case may be, inserted or substituted by section 16 of the Code of
Civil Procedure (Amendment) Act, 1999 and by section 7 of this Act shall not apply
to in respect of any pleading filed before the commencement of section 16 of the
Code of Civil Procedure (Amendment) Act, 1999 and section 7 of this Act;
(c) the provisions of rule I of Qrder XX of the First Schedule as amended by
section 13 of this Act shall not apply to a case where the hearing of the case had
concluded before the commencement of section 13 of this Act
.
2496/CCUT--Govt. Press, U.T., Chd.
CHD. ADAMN. GAZ. (EXTRA.) JULY 10, 2002 (ASADHA 19, 1924 SAKA) 1795
MW
30 of l8971
46 of l999.
(v) for clause (q), the'following clause shall be substituted,
namely:—
“(q) the provisions of rules 4 and 5 of Order XIV of the First
Schedule as amended or, as the case may be, substituted by section 24 of
this Act and section 1 1 of the Code of Civil Procedure (Amendment) Act,
2002, shall not affect any order made by the Court adjourning the fram—
ing of the issues and amending and striking out issues before the com‘
mencement of section 24 of this Act and section l l of the Code of Civil
Procedure (Amendment) Act. 2002;”;
(vi) in clause (5) for the figures “25” at both the place‘s, the figures
{‘26" shall be substituted;
(vii) clause (u) shall be omitted.
16. (I ) Any amendment made ,or any provision inserted 1n the prmcrpal Act by a State
Legislature or High Court before the commencement of this Act shall, except in so far as
such amendment or provisions are consistent with the principal Act as amended by this Act.
stand repealed.’
(2) Notwithstanding that‘lthe provisions of this Act have come into force or repeal
under sub-section (1) has taken effect, and without prejudice to the generality of the provi—
sions of section 6 of the General Clauses Act, 1897,—
(a) the provisions of section l02 of the principal Act as substituted by section
5 of this Act. shall not apply to or affect any appeal which had been admitted before
the commencement of section 5; and every such appeal shall be disposed of as it"
section 5 had not come into force;
(b) the provisions of mics 5. 15, Y] and 18 of Ordeer of the First Schedule as
omitted or, as the case may be. inserted or substituted by section 16 of the Code of
Civil Procedure (Amendment) Act, l999 and by section 7 of this Act shall not apply
to in reSpect of any pleading filed before the commencement of section 16 of the
Code of Civil Procedure (Amendment) Act, 1999 and section 7 of this Act;
(c) the provisions of rule I of Order XX of the First Schedule as amended by
section 13 of this Act shall not apply to a case where the hearing of the case had
concluded before the commencement of section 13 of this Act.
2496/CCUT--Govt. Press, U.T., ‘Chd.
Repeal and
savings.
79521” 9%”
129910”
;' :::.- ----,1
-I CHANDIGARH ADMINISTRATION ii-
, ON THE INTERNET i
' http://chandigarh.nic.in/ ,I
~,-==-....",--=--=- .d
GOVERNMENT OF INDIA
Regd.No.
~handigarh2ldmintstration '(5azrttr
Published by Authority
No_ 2] CHANDIGARH, FRIDAY, FEBRUARY 1,2008 (MAGHA 12,1929 SAKA)
(To be
PART II
~
published in the Government Gazettes of Punjab,
Haryana and Chandigarh Administration)
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Notifi cation
: ;
The 19th December, 2007
...~. . . : ~ ..
- No. GSR 454!Rules/XI.Y.16.-The following amendment in the provisions of the First Schedule
to the Code of Civil Procedure (Act V of 1908), which the High Court of Punjab. and Haryana at
Chandigarh, after previous publication of the draft thereof in the Gazettes of Punjab, Haryana and
the Chandigarh Administration, under Notification No. 104 Rules/XI.Y.16, dated 7th March, 2005, and
with the previous approval of the State Governments of Punjab, Haryana and the Chandigarh
Administration, is hereby published for general information under the provisions of Section 127 of the
said Code read with Rule 6, Chapter 9-B, Volume V of the High Court Rules and Orders ;--
In Order VII for existing rule 9 the following shall be substituted ;-
"9. Procedure on admitting pIaint.-Where the Court orders that the summons
be served on the defendants in the manner prOVided in rule 9 of Order V, it
will direct the plaintiff/his authorised Agent or Advocate to prepare and submit
summons in the prescribed form, in duplicate duly countersigned by him with
as many copies of the plaint on plain paper as there are defendants, within
seven days from the date of such order alongwith requisite fee for service of
summons on the defendants."
By Order of Hon'ble the Chief Justice and Judges.
(Sd.) ...,
Joint Registrar (Rules),
for Registrar.
(7)
f“
.V__fl_.__:____:.. —-4 1
2‘ CHANDIGARH ADMINISTRATION i' Re d.No.
i g
I ON THE INTERNET l
‘ http://chandigarh.nic.in/ I
.____;:::..—__A.‘_“:_—:_—:......_‘::__—__I
GOVERNMENT OF INDIA
«Zhendigarh administration (Bazzttz
' Published by Authority
No >31“ *.CNANDTE—ARi-E:RBA; FEBRUARVTZB08 (MAGHA12, 1929 SAIEA)
PART II " .
(To be published in the Government Gazettes of Punjab,
i-iaryana and Chandigarh Administration)
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Notification
The 19th December. 2007
No. GSR 454]Rulelel.Y.16.-—The following amendment in the provisions of the First Schedule
to the Code of Civil Procedure (Act V of 1908), which. the High Court of Punjab. and Haryana at
Chandigarh, after previous publication of the draft thereof in the Gazettes of Punjab, Haryana and
the Chandigarh Administration, under Notification No. 104 Rules/XI.Y.16, dated 7th March, 2005, and
with the previous approval of the State Governments of Punjab, Haryana and the Chandigarh
Administration, is hereby published for general information under the provisions of Section 127 of the
said Code read with Rule 6, Chapter 9-B, Volume V of the High Court Rules and Orders :~—
In Order VII for existing rule 9 the following shall be substituted :—-—
“9. Procedure on admitting plaint—Where the Court orders that the summons
be'served on the defendants in the manner provided in rule 9 of Order V, it
will direct the plaintiff/his authorised Agent or Advocate to prepare and submit
summons in the prescribed form, in dupiicate duly countersigned by him with
as many copies of the plaint on plain paper as there are defendants, within
seven days from the date of such order alongwith requisite fee for service of
summons on the defendants.”
By Order of Hon'bie the Chief Justice and Judges.
(Sd.) . . .,
Joint Registrar (Rules),
for Registrar.
(7)
· CHD. ADMN GAZ., JUNE 1,2009 (JYST 11, 1931 SAKA) [PARTH
Sr.
No.
Name of the Officers From To Remarks
4 Shri Subhash Chander
Nassa
5 Shri Rajan Nanda
6 Shri Ish Kumar
7 Shri Mamraj
Offg. Court Offg. Special Against available
Secretary Secretary 'acancy
Offg. Court Offg. Special Ditto
Secretary Secreta
Offg. Court By giving proforma
Secretary p'romotion
Offg. Court 009. Special Against availaJ:1le
Secretary Secretary vacancy
Note :-Shri Mamraj. mentioned at Sr. 7, will e reverted back to his previous post as and when
Shri Ish Kumar who is presently a deputation, joins on the establishment of this Court.
Against available
vacancy
RemarksTo
Off9. Sp~cial
Secretary
From
Offg. Secretary
Name of the Officer
No. 172 E.lJV.D.I.(3E}.-Hon'bl the Chief Justice has been pleased to make the following
promotion on the e,stablishment of t's Court in the pay scale of Rs. 12,000-375-13,500-400-
15.500 plus usual allowances wit effect from 16th May, 2009 :-
'.
Sr.
No.
The 22nd 'May, 2009
No. '5 E.IJV.D.I.(3E).-Hon'ble the Chief Justice has been pleased to appoint Shri Satya Vir
Singh. Superintendent, office of District & Sessions Judge, Jind ~s officiating Reader in the pay scale
of Rs. 7 20-220-8,100-275-10,300-340-11,660 plus. usual allowances on the establishment
of this Court with effect from 14th May, 2009 (F.N.).
(3d.) ..., .
(HARNAM SINGH).
Registrar (Admn,).
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
'j,
Notification
The ?4th April, 2009
No. 150 RulesIXI.Y.16.-The following amendments in the provisions of the First Schedule
to the Code of Civil Procedure, 1908, after previous p.ublicatiol.1 of the draft thereof in the Gazettes
of Punjab, Haryana and the Chandigarh Administration, und~r Notification No. 70 RuleslXl.Y.16, dated
11 th Mardi, 2008 and with the previous approval of the State Goverments· of Punjab, Haryana and
Chandigarh Administration, are hereby published for general information under the previsions of
A , ‘CHD. ADMN GAZ., JUNE 1,2009 (JYST 11, 1931 SAKA) {PARTII
Sr. Name of the Officers From To . Remarks
No. i
4 Shri Subhash Chander Offg. Court Offg. Special Against available
Nassa Secretary Secretary vacancy
5 Shri Rajah Nanda Offg. Court Offg. Special, Ditto
Secretary Secreta /
6 Shri ish Kumar ,; Offg‘. Court . Off . Special By giving proforma
: ‘ Secretary ecretary ' promotion
7 Shri Mamraj Offg. Court
Secretary
Offg. Special Against available
Secretary vacancy
Note :—Shri Mamraj, mentioned at Sr. 7, will/be reverted back to his previous post as and when
Shri ish Kumar who is presently on" deputation, joins on the establishment of this Court.
v/’ I
No. 172 E.i.N.D.l.(3E).—Hon'ble/ the Chief Justice has been pleased to make the following
promotion on the establishment of fins Court in the pay scale of Rs. 12,000—375-—13,500~400—
15,500 plus usual allowances wiibx effect from 16th May, 2009 :—
Sr. Name of the Officer From To Remarks
No.
1 Shri Ajit Singh ,Randhawa Offg. Secretary Offg. Special Against available
Secretary ' vacancy
i
The 22nd'May, 2009
No. 175 E.lJV.D.I.(3E).——Hon'bie the Chief Justice has been pleased to appoint Shri Satya Vir
Singh, Superintendent, office of District& Sessions Judge, Jind as officiating Reader in the pay scale
of Rs. 7,;220——220—8,100——275—10,300——340—-11,660 plususual allowances on the establishment
of this Court with effect from 14th May, 2009 (EN).
(Sd.) . . ., .
. (HARNAM SlNGH),
Registrar (Admn.).
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Notification
The 24th April, 2009
No. 150 Rules/Xi.Y.16.——The following amendments in the provisions of the First Schedule
to the Codeof Civil Procedure, 1908, after previous pybiication of the draft thereof in the Gazettes
of Punjab, Haryana and the Chandigarh Administration, under Notification No. 70 Rules/Xi.Y.16, dated
11th March, 2008 and'wit'h' the previous approvai of the State Govermentsvof Punjab, Haryana and
Chandigarh Administration, are hereby published for general information under the provisions of
3/
vasw WNW
flamiZé a
PART II) CHD. ADMN GAZ., JUNE 1, 2009.(JYST 11,1931 SAKA) ~25
Section 127 of the said Code read with Rule 6 Chapter 9~Bi Volume V of the High Court R~'es and
Orders:-. .
Amendment in Order 5 :
After Rule 21 the following shall be inserted :-
21-A. The High Court shall prepare a panel of courier service providers for the High
Court and for Subordinate Courts in 'the States of Punjab, Haryana and Union
Territory, Chandigarh, which may be reviewed every yeai.
Explanation :-While giving approval to the panel of Courier Service providers
by the High Court, the recommendations of District Judges may be kept in view :
Provided that where it has been found that a courier service provider has
given a false report, information shall be sent to the High Court in this regard by
the Court, through the District Judge. Upon receiving three such, complaints, the
courier service provider shall, after an opportunity of being heard, be placed on the
black list, if his explanation has been unsatisfactory. He shall remain on the blacklist
for a period of three years.
Amendment In Order 6 Rule 15(4) of ClvlJ Procedure Code.
After sub-iule (4) the following shall be inserted :-
Provided further that on amendment of pleadings, a fresh affidavit shall have to be
filed inconsonance with the amended pleadings.
Amendment in Order 18 Rule 4 CPC regarding Qualifications, Mode of empanelment,
Dis-qualifications, Removal, Place of sitting of Commissioner/safety of Documents :-
After SUb-rule (8) of Rule 4, th'e following sub-rule (9) shall be inserted :-
(9) The procedure for preparation of panel of Commissioners :-
APPOINTMENt OF COMMISSIONER
1 . Qualifications:
The following persons' shall be treated as qualified and eligible for being empanelled as
commissioners under Order 18 Rule 4(2) CPC:- ,
(i) Retired JUdges of the Supreme Court of India;
(ii) Retired Judges of the High Courts;
"
(iii) Retired District and Sessions Judges ;
(iv) Retired Additional District & Sessions Judges;
(v) Retired Civil Judges;
(Vi) Legal practitioners with 10 years of standing at the Bar'having been so empanelled
by the High Court.
2. Mode of Empanelment of an Advocate:
(i) The District Judge may suo mqto or on an application by an Advocate eligible
to be empanelled under Aule (1) supra, desirous of being brought on the pane!
of Commissioners for recording evidence in terms of Order 1BRule 4(2) of the
Code of Civil Procedure, 1908. would make his recommElndations to the High
Court in respect of the SUitability of .the .recomrnende~ :~s ,a Commissioner,
ll S
i PART 11] CHD. ADMN GAZ., JUNE 1, 2009 (JYST 11,1931 SAKA) 25 I '
IWW
i gegtion 127 of the said Code read with Rule 6 Chapter 9- B, Volume V of the High Court Rules and
i r are :—-
3 Amendment in Order 5 :
{ After Rule 21 the following shall be inserted :—
21-A. The High Court shall prepare a panel of courier service providers for the High
Court and for Subordinate Courts in the States of Punjab, Haryana and Union
Territory, Chandigarh which may be reviewed every year.
Explanation :«While giving approval to the panel of Courier Service providers
by the High Court, the recommendations of District Judges may be kept in view :
Provided that where it has been found that a courier service provider has
given a false report, information shall be sent to the High Court in this regard by
the Court. through the District Judge. Upon receiving three such, complaints. the
courier service provider shall, after an opportunity of being heard, be placed on the
black list, if his explanation has been unsatisfactory. He shall remain on the blacklist
for a period of three years.
Amendment in Order 6 Rule 15(4) of Civil Procedure Code.
After sub-rule (4) the following shall be inserted :—
Provided further that on amendment of pleadings. a fresh affidavit shall have to be
filed inconsonance with the amended pleadings.
Amendment in Order 18 Rule 4 CPC regarding Qualifications, Mode of empanelment,
Dis-qualifications, Removal, Place of sitting of Commissioner/safety of Documents :—
Atter sub-rule (8) of Rule 4, the following Sub-rule (9) shall be inserted :—
(9) The procedure for preparation of panel of Commissioners 2-—
APPOINTMENT OF COMMISSIONER
1 . Qualifications :
The following persons'shall be treated as qualified and eligible for being empanelled as
Commissioners under Order 18 Rule 4(2) CPC :— .
(i) Retired Judges of the Supreme Court of India ;
(ii) Retired Judges of the High Courts;
v
(iii) Retired District and Sessions Judges ;
(iv) Retired Additional District & Sessions Judges ;
(v) Retired Civil Judges ; _
(vi) Legal practitioners with 10 years of standing at the Bar having been so empanelled
by the High Court
2. Mode of Empanelment of an Advocate :
(i) The District Judge may suo moto or on an application by an Advocate eligible
to be empanelied under Rule (1) supra, desirous of being brought on the panel
of Commissioners for recording evidence in terms of Order 18 Rule 4(2) of the
Code of Civil Procedure, 1908, would make his recommendations to the High
Court in respect of the suitability of the recommended as a Commissioner.
75
vast—m 4
~01 H
gum-En
Clill. ADMN GAZ., JUNE 1,2009 (IYST 11, 1931 SAKA) [PART II
Oi) The High Court after considering the recommendation and the material sent by
the District judge or otherwise available before It, approve the recommendations,
as found proper for empanelment as Commissioner(s).
3. Mode of empanelment other than an Advocate
The District Judge may recommend the names of the former Judicial Officers, after seeking
their consent, to be brought on the panel of the Commissioners maintained for recording' evidence
in terms of Order 18 Rule 4(2) of the Code of Civil Procedure, 1908. The High 'Court after considering
the recommendations and the material sent by the Di~rict Judge would approve the recommendations,
as found proper, for the empanelment as Commissloner(s).
4. Disqualifications:
The following shall be disqualification for being empanelled as Commissioner under
Order 18 Rule 4(2) CPG,,:-
(i) any person who has been adjudged Insolvent;
(Ii) any person against whom, crimlnaf charges have been framed and are
pending; or
(iii) any person who has been convicted by a Criminal Court for any offence involving
moral turpitude ;
, ,
(iv) any person against whom disciplinary proceedings have been initiated by the
comp'etent authority or who has been punished in such proceedings;
-. -
(v) such other categories of persons as may'be notified by the High Court.
5. Removal or Deletion from the Panel :
A person whose name is placed in the, panel referred to above, may be removed or his
name be deleted from the said panel, by the court "wl'1lch empanelled him, if :-
(i) he resigns or withdraws his name from the panel for any reason ; or
(il) he is declared insolvent or is declared of unsound mind ; or
(iii) he is a person against whom ,criminal charges are framed by a criminal court and
are pending; or
(iv) he is a person, who has been convicted by a criminal court for any offence
involving moral turpitude ; or.
(v) he is person against whom disciplinary proceedings on charges relating to moral
turpitude have been 'initiated by appropriate disciplinary authority, which are
pending or have resulted in a punishment ; or.
(vi) he exhibits or displays conduct, during functioning as Commissioner, which is
unbecoming of a Commissioner ; or
(Vii) the Court which' e~panelled,' upon' receipt of information, if it ;s satisfied, atter
conducting such inquiry as 'it deems fit, is of the view, that it is not possible or
desirable to continue the name of that person in the panel :
, ,
Provided that, before moving or deleting his name, under clause (Vi) and
(vii), the court shall hear the Commissioner whose name isproposed to be removed
or deleted from the panel and shall pass a reasoned order.
as CHD. ADMN GAZ, JUNE 1, 2009 (IYST 11, 1931 SW) . [PART 11
(ii) The High Court after considering the recommendation and the material sent by
the District Judge or othenNise available before it, approve the recommendations,
as found proper for empanelment as Commissioner(s). ’
3. Mode of empanelm‘ent other than an Advocate
The District Judge may recommend the names of the former Judicial Officers, after seeking
their consent, to be brought on the panel of the Commissioners maintained for recording'evidence
in terms of Order 18 Rule 4(2) of the Code of Civil Proced‘dre. 1908. The High Court after considering
the recommendations and the material sent by the District Judge would approve the recommendations,
as found proper, for the empanelment as Commissioneds).
4. Disqualifications :
The following shall be disqualification for being empanelied as Commissioner under
Order 18 Rule 4(2) CPO-~1—
(i) any person who has been adjudged insolvent ;
(ii) any. person against whom, criminal charges have been framed and are
pending ; or_
(iii) any person who has been convicted by a Criminal Court for any offence involving
moral turpitude ; ' -’
(iv) any person against whom disciplinary proceedings have been initiated by the
competent authority or who has been punished in such proceedings ;
(v) such other categories of persons as maybe notified by the High Court.
5. Removal or Deletion from the Panel :
A person whose name is placed in the panel referred to above, may be removed or his
name be deleted from the said panel, by the coun"which empanelled him, if :—
(i) he resigns or withdraws his name from the panel for any reason ; or
(ii) he is declared insolvent or is declared of unsound mind ; or
(iii) he is a person against whom criminal charges are framed by a criminal court and
are pending ; or
(iv) he is a person, who has been convicted by a criminal court for any offence
involving moral turpitude ; or '
(v) he is person against whom disciplinary proceedings on charges relating to moral
turpitude have been initiated by appropriate disciplinary authority, which are
pending or have resulted in a punishment ; or
(vi) he exhibits or displays conduct, during functioning as Commissioner. which is
unbecoming of a Commissioner ; or '
(vii) the Court which‘empanelled, upon receipt of information, if it is satisfied, after
conducting such inquiry as it deems fit, is of the view, that it is not possible or
desirable to continue the name of that person in the panel :
Provided that, before moving or deleting his name, under clause (vi) and
(vii), the court shall hear the Commissioner whose name is proposed to be removed
or deleted from the panel and shall pass a reasoned order.
PART II] . CHD. ADMN GAZ.; JUNE 1,2009 (1YSTll, 1931 SAKA)
/
(iii)
6. Procedure f·or recording evidence by the Commissioner :
(i) The Court shall while appointing the Commissioner issue directions regarding the
place where Commissioner shall hold the proceedings. The Court shall also indicate
the timings for the proceedings before the Commissioner. The place and timings
may be determined as per the convenience of the parties and the Commissioner.
(ii) The Court shall summon witnesses on applications filed by the plain_tiff or the
defendant and it shall be mentioned in the summons that evidence shall be recorded
before the Commissioner appointed by the Court. The witness so summoned shall
appear before the Local Commissioner for evidence. Thereafter, on appearance,
the Local Commissioner shall proceed to record evidence of the witnesses who
are present.
However where the witnesses failed to appear before the Local
Commissioner, the Commission~r shall close the evidence after recording that the
witnesses are absent but the Court on showing sufficient cause can permit the
witnesses to be re-examjned either by the Local Commissioner or before the Court
itself on such terms and conditions as it deems appropriate.
The Court shall, while giving directions, also indicate the time period for completion
of the proceedings by the Commissioner.
(Sd.) ...,
Registrar General...•
HIGH COURT OF PUNJAB AN ARYANAAT CHANDIGARH
The Court shall order whether the Commissioner has to be handed over the
original record of the case or only the Photostat copies of pleadings,documents
and evidence. All photocopies shall be supplied by the party for whose evidence
the Commissioner has been appOinted.
The fee of the Commissioner shaWbe fixed by the Court at the time of appointment
of the Commissioner after consultation with the party. The fee shall be deposited
in Court in advance by the party at whose instance the evidence is to be recorded,
half fee that has been deposited shall be released to the Commissioner before he
commences recbrding of evidence and the rema:ining half after the completion of
the recording of evidence by the Commissioner.
By Order of Hon'ble the Chief Justice and Judges.
(v)
(Iv)
i,
II
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No. 160 Genl./XVII.3.-lt is here y notified fOr general information that 13th May, 2009
(Wednesday) has been declared as hall ays in all the Judicial Courts, Subordinate to this Court, in
the Union Territory of Chandigarh on ccount of General Elections to the Lok Sabha, 2009.
By Order of Hon'ble the Chief Justice.
(Sd.) ...,
Assistant Registrar (Genl.),
,.. for Registrar -G.eneral.,
PART II] ‘ CHD. ADMN GAZ.,~ JUNE 1, 2009 (JYST'II, 1931 SAKA) ,
g 6. Procedure for recording evidence by the Commissioner :
(i) The Court shall while appointing the Commissioner issue directions regarding the
place where Commissioner shall hold the proceedings. The Court shall also indicate
the timings for the proceedings before the Commissioner. The place and timings
may be determined as per the convenience of the parties and the Commissioner.
(ii) The Court shall summon witnesses on applications filed by the plaintiff or the
defendant and it shall be mentioned” in the summons that evidence shall be recorded -
before the Commissioner appointed by the Court. The witness so summoned shaii
1 appear before the Local Commlssioner for evidence Thereafter on appearance,
the Local Commissioner shall proceed to record evidence of the witnesses who
are present.
However where the witnesses failed to appear before the Local
Commissioner, (the Commissioner shall close the evidence after recording that the
witnesses are absent but the Caurt on showing sufficient cause can permit the
witnesses to be re-examined either by the Local Commissioner or before the Court
itself on such terms and conditions as it deems appropriate.
(iii) The Court shall, while giving directions, also indicate the time period for completion
of the proceedings by the Commissioner
(iv) The Court shall order whether the Commissioner has to be handed over the
original record of the case or only the Photostat copies of pleadings, documents
and evidence. All photocopies shail be supplied by the party for whose evidence
the Commissioner has been appointed.
(v) The fee of the Commissioner shallibe fixed by the Court at the time of appointment
i; of the Commissioner after consultation with the party. The fee shall be deposited
%‘ in Court in advance by the party at whose instance the evidence is to be recorded,
halt fee that has been deposited shall be released to the Commissioner before he
commences recording of evidence and the remaining half after the completion of
ii ‘ the recording of evidence by the Commissioner. -
By Order of Hon‘ble the Chief Justice and Judges.
(Sd.) . .' ,
Registrar General. _
HlGH COURT OF PUNJAB Aug/QRXANA‘ A'r CHANDIGARH
Not ication
The nd May. 2009
No. 160 GenlJXVII.3.-—lt is here y notified fer general information that 13th May, 2009
(Wednesday) has been declared as hell ays in all the Judicial Courts, Subordinate to this Court, in
the Union Territory of Chandigarh on 'ccount of General Elections to the Lok Sabha, 2009.
’ By Order of Hon'ble the Chief Justice.
(Sd.) . . .,
Assistant Registrar (Gent),
" aforRegis‘trar :General..-_- :-
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