Assignment- 3

Bombay High court Rules

(Original side rules)
When a case is directly filed in the High Court it is usually on the Original Side and the
original side rules are in relation to this.
Rules provide a sense of predictability and consistency and they help guide actions towards
desired results. The rules set which are needed to be followed by the Bombay High court are
the guidelines and they are set so that there is a smooth functioning of proceedings.
These rules are divided into parts, chapters and rules to make it easier to comprehend.
These rules show the litigators and court officials the path that needs to be followed while
dealing with certain criminal matters or civil matters or any other matters, usually cases that
directly come to the high court are large disputes involving large sums of money or matters of
public importance that needs to be heard in the higher court, so these rules are set to show a
path.
These rules talk about the duties and powers of the high court authorities and officials, a
standard procedure of practice that must be followed, the technicalities which might occur in
relation to the filings and documentation of cases and also the refund or refusal of extra
submissions made during the proceedings.
The rules of the Bombay High Court are divided under 7 parts:-
PART I | GENERAL
PART II | JURISDICTION
PART III | FILINGS
PART IV | WRITS AND APPLICATION UNDER ARTICLE 227
PART V | ORIGINAL SIDE WORK
PART VI | APPELLATE PROCEEDINGS
PART VII | CRIMINAL PROCEEDINGS

There are general rules followed by both the appellate and original side and these are
mentioned in Part I , which is further divided into 16 chapters:-
Chapter 1- general rules.
Chapter 2 - rules about advocates and registered clerks.
Chapter 3 - rules about registrars, offices and office of the High court.
Chapter 4 - rules about court sessions, processes and closed days.
Chapter 5 - rules about affidavits.
Chapter 6 - rules about interim applications.
Chapter 7 - rules about taxation, cost and fees.
Chapter 8 - rules about service.
Chapter 9 - rules about computation of time.
Chapter 10 - rules about judgement ,order, decree and roznama.
Chapter 11 - rules about search and copies.
Chapter 12 - rules about the office of the chief translator and interpreter.
Chapter 13 - rules about office of the sheriff of Bombay.
Chapter 14 - rules about the office of the receiver.
Chapter 15 - rules about destruction of records.
Chapter 16 - rules about minors and persons of unsound mind
Further, the original side rules are divided into 15 parts and these are mentioned under Part V,
these rules are mentioned from chapter 25- 39 :-
Chapter 25- rules about plaint and institution of suit.
Chapter 26- rules about writ of summons.
Chapter 27- rules about special provisions regarding written statement ,set off and counter
claim.
Chapter 28- rules about third party procedure.
Chapter 29- rules about discovery and inspection.
Chapter 30- rules about matters arising from pending suits.
Chapter 31- rules about commissioner for recording evidence.
Chapter 32- rules about procedure at hearing of suits.
Chapter 33- rules about commissioner for taking accounts.
Chapter 34- rules about arrest and attachment before judgement.
Chapter 35- rules about execution of decrees and orders.
Chapter 36- rules about Garnishee proceedings.
Chapter 37- rules about security.
Chapter 38- rules about sale of properties and settling of proclamation of sale.
Chapter 39- rules about special classes of proceedings.
Furthermore, chapter 39 which talks about special classes of proceedings is divided into 4
parts:-
A- summary suits
B- suits by indigent persons
C - originating summons
D- administration suits

What is the purpose of rules and why are they made?

The rules help in maintaining consistency and help the litigators, lawyers and judges to give
speedy remedies and also follow what has been set in place.
The major focus was to bring the rules up to date with modern technology and practices. It is
very important to have rules in place because there was a disconnect between technological
advances of society and our rules and it resulted in considerable hardship to litigants, lawyers
,judges and the court administration.
In the current and revised set of rules there was an attempt and e-filing and electronic service
was provided and the modes of filing ,the manner and method of filing have also been
radically changed.
Since rules are very important, revising them from time to time is also very crucial and the
revision will provide a foundation for an entirely new set of procedural rules. The recent
revision was done so that the working of the high courts will improve and apart from this it
will also serve the needs of litigants. Modern methods and technologies have been
incorporated and simplification and streamlining has been done and the main reason for this
was so that the protocols and the procedures that have been set are easy to understand and
easy to use and it has been evolved according to the changing society.
These rules are important as they intend to strengthen the hands of the judiciary and to restore
the faith of the public in the judicial process.
 JURISDICTION OF BOMBAY HIGH COURT

ORIGINAL JURISDICTION

• The Original Jurisdiction of the High Court may be held before one or more Judges of
the High Court. The Judges may, subject to any rules of the Court may exercise all or
any part of the Original Jurisdiction of the High Court in the Court itself or in their
Chambers.
• The Original Civil Jurisdiction of the High Court extends to Greater Mumbai as
defined in the Greater Bombay Laws and the Bombay High Court.

• Jurisdiction of Bombay High Court extends to the following areas:

1) The Town and Island of Bombay.

2) The limits of the Port of Bombay as defined in the Government Notification in the
Political Department No. 6204

3) The limits of the Municipal Boroughs of Bandra, Parle-Andheri and Kurla and
the Municipal Districts of Ghatkopa-Kirol and Juhu.

4) The under mentioned 28 villages of the Bombay Suburban District: -

Bandivali, Chembur, Vadawli, Ambivali, Chakala, Trombay, Bapnala, Brahmanwada,
Mandala, Mankhurd, Man Budruk, Mulgaon, Vesava, Madh, Devnar, Borla, Mahul, Anik,
Kole-Kalyan, Marol, Mohili, Maravali, Mogre, Shahar, Nanala, Saki, Asalpe (Aspa),
Kondivate.

5) The under mentioned villages of the Bombay Suburban District: -

Bhandup, Chandavli, Hariali, Kanjur, Kopri, (Near Pawai), Majas Oshivra, Parajapur
Paspoli, Pawai, Trirandaj, Tungve, Vikhroli, Vyaroli.
7) The under mentioned villages of the Thane District: -
Akse, Akurli, Areay, Borivali, Charkhop, Chinchavali, Dahisar, Darivali, Dindoshi, Eksar,
Gundgaon, Gorai, Goregaon, Kaneri, Kandivli, Kurar, Klerbad, Magathane, Malad,
Malvani, Mandapeshwar, Manori, Marve, Maroshi, Mulund, Nahur, Pahadi, Poisar, Sai,
Shimpoli, Tulshi, Wadhwan, Valnai, Yerangal
• If it appears to any Judge, either on the application of a party or otherwise, that a suit
or matter can be heard by a Bench of two or more Judges more conveniently, he may
report the same to the Chief Justice, who will make the decision based on what he/she
deems fit. This rule applies to every other kind of jurisdiction exercised by the High
Court.

• The chief justice appoints any judge he deems fit to handle matters like Matrimonial
Suits, Commercial Causes, Writ Petitions, Company Matters, Land Acquisition
References, Income-tax and other tax matters, Insolvency matters, Admiralty and
Vice-Admiralty Suits, Disciplinary Matters and all other matters and proceedings in
the exercise of the Original Jurisdiction of the High Court

CRIMINAL JURISDICTION:
• The cases directed to be tried by the High Court will be tried on the Original Side in
the exercise of its Criminal Jurisdiction, according to the provisions of the said Code
of Criminal Procedure before a judge appointed by the Chief Justice.
• The criminal sessions of the High Court shall be held at such time and on such dates
as the Chief Justice may direct.

SPECIAL JURISDICTION: ADMIRALITY JURISDICTION:

The jurisdiction with respect to maritime claims are vested in the respective High Courts of
Bombay, Madras and Calcutta. It will extend up to the territorial waters of their respective
jurisdictions.
The High Court may exercise jurisdiction on maritime claims arising out of conditions
including:
(i) Disputes regarding ownership of a vessel
(ii) Disputes between co-owners of a vessel regarding employment or earnings of the
vessel
(iii) Mortgage on a vessel
(iv) Construction, repair, or conversion of the vessel
(v) Disputes arising out of the sale of a vessel.
(vi) Environmental damage caused by the vessel, etc.
• The Admirality Bill defines a vessel as any ship, boat, or sailing vessel which may or
may not be mechanically propelled.
• The court may exercise admiralty jurisdiction against a person with regard to
maritime claims. However, the courts will not entertain complaints against a person
in certain cases like: (i) Damage, or loss of life, or personal injury arising out of collision
between vessels
that was caused in India.
(ii) Non-compliance with the regulations of the Merchant Shipping Act, 1958 by a
person who does not reside or carry out business in India.
• Also, the court does not entertain action against a person until any case against them
with regard to the same incident in any court outside India has ended.
 TYPES OF APPLICATIONS

An application is how you ask a court to do something or authorise something.

• Applications in vacation and on holidays: -

Whenever any application is to be made to the Court in the vacation or on a holiday, the party
or his Advocate on record shall give reasonable notice thereof to the Prothonotary and Senior
Master or the officer whose duty it is to attend to such application.

• Interim Applications-
All applications for interim relief in any matter shall be filed and numbered in the registry as
Interim Applications in the main proceedings. Every such application, after description of
parties, shall state in bold letters as to under which provisions of law the Interim Application
has been filed. An interim application is one made at any time after you start your claim and
before the trial.

• Application for interim relief :-

The Plaintiff may move the Court ex-parte for interim relief on the ground of urgency and the
Court on such application may give leave to serve the Notice of Motion for a particular date
and may also, if it shall think fit, grant interim relief on such terms and undertakings as shall
seem just.

• Application for search by third party to be supported by affidavit-

An application for search or certified copies presented by a person not a party to the
proceeding shall be accompanied by an affidavit stating the grounds on which the search is
required. The application may be rejected if the grounds thereof are considered insufficient or
if sufficient cause is not made out; or may be granted on payment of prescribed fees and
charges.

• Applications for supply of documents for copies—

(a) On a application bearing prescribed court-fee stamps the original papers in the record of
any civil or criminal proceedings may be supplied to the Government Pleader or the parties or
their agents for the purposes of taking copies, provided that the papers are kept under the
control and supervision of an Officer of the Court.
(b) Documents shall be made available for taking copies during the hours prescribed above
for taking search.
• Applications for copies liable to stamp-duty-
All applications for certified copies liable to stamp-duty under Article 26 of Schedule I to the
Bombay Stamp Act, 1958, shall be accompanied by the stamp-paper of the appropriate
denomination.

• Application for production of person in custody-

If it shall at any time be necessary that a person in the custody of the Superintendent of the
Civil Jail, Mumbai, should be brought up before the Court, the application for that purpose
shall be supported by an affidavit and by the production of the Sheriff’s return of having
executed the warrant of arrest. The officer having the custody of the Sheriff’s return shall
cause the same to be produced before the Court on a request being made to him in writing by
the person making the application.

• Application of provisions of Order XXXII of Code of Civil Procedure.-

The provisions of Order XXXII of Code of Civil Procedure shall apply mutatis mutandis to
the suits by minors and persons of unsound mind.

• Application of Rules 63 to 67 to persons of unsound mind:-

The provisions contained in Rules 63 to 67 shall so far as may be, apply to persons adjudged,
before or during the pendency of the suit, to be of unsound mind, and shall also apply to
persons who, though not so adjudged, are found by the Court on inquiry by reason of
unsoundness of mind or mental infirmity to be incapable of protecting their interest when
suing or being sued

• Subsequent application: -
If any party to a suit desires to apply for any order or directions after the first directions have
been given by the Judge, he shall apply by Chamber Summons for such order or directions.

• Application for examination of witness under Order 18, rule 16 or section 76, or Order 26,
Rules 1 and 4 of the Code of Civil Procedure:-
When a party to a suit applies for an order for the examination of a witness under Order
XVIII rule 16 or for the issue of a Commission under section 76 or Order XXVI, rules 1 and
4 of the Code of Civil Procedure, he shall give notice of the application to the other party or
parties. The application shall be made to the Judge in Chambers.
• Application for arrest or attachment before judgment under Order XXXVIII of the Code of
Civil Procedure shall be made by Notice of Motion supported by affidavit, states the ground
on which the warrant is sought and the reason for believing such ground to exist.

• Application for execution:-

The application for execution, whether the provisions of Order XXI, Rule 22, of the Code of
Civil Procedure apply or not, shall be in Form No.45 and shall be on a sheet of durable paper,
foolscap size and shall, in addition to the particulars mentioned in Order XXI.

• Application for foreigner for appointment as guardian of person or property of minors. –

When a foreigner makes an application in person, or through an Advocate, for being
appointed as the guardian of the person or property of a minor not related to him, such
Advocate or party in person shall address a letter to the Secretary of the Indian Council of
Social Welfare, Bombay, forwarding therewith a copy of such application, and informing him
of the date fixed for the hearing thereof, and further requesting him that any representation
which the Indian Council of Social Welfare may make in the matter, should be submitted to
the Prothonotary and Senior Master of this Honorable Court, in writing in duplicate four days
before the hearing of the said application and that such a representation would be considered
by the Court before passing the order on the application.

• Application for probate. –

The application for probate shall be made by Petition. There shall be annexed to the petition a
copy of the last will and testament of the deceased. If the will be not in the English language,
an official translation thereof shall be annexed. The original will shall be file separately and
kept by the Prothonotary and Senior Master in the strong room of his office.

• Application for succession certificate-

The application for succession certificate shall be made by petition. There shall be annexed to
the petition a schedule of the property of the deceased in respect of which the succession
certificate is applied for.

• Application for production of person in custody:-

If it shall at any time be necessary that a person in the custody of the Superintendent of the
Civil Jail, Bombay should be brought up before the Court, the application for that purpose
shall be supported by an affidavit and by the production of the Sheriff’s return of having
executed the warrant of arrest.
• Application for appointment of Receiver –
An application for the appointment of a receiver of property, the subject matter of a suit or
matter, shall be made to the Court, and the Prothonotary and Senior Master shall, on issuing
the order of appointment, forward to the Commissioner for Taking Accounts a certificate
stating the name of such receiver and the conditions, if any, on which he has been appointed.
Application for Writ, etc., under Article 226 of the (1) (a) Application under Article 226 of
the Constitution other than an Application for a Write of Habeas Corpus, in matters arising
substantially within Greater Bombay Application for certificate for an appeal to the Supreme
Court. –The application for the grant of a certificate for the purpose of an appeal to the
Supreme Court of India under Article 132(i) or Article 133 of the Constitution of India or
under any other provision of law shall be made by petition and shall be in Form No. 93. The
petition shall be filed in the office of the Prothonotary and Senior Master and shall be placed
before the Appellate Court for admission.

• Application For Bail-

Bail application to whom to be made – Applications for bail in respect of persons to be tried
by the High Court shall be made to the Judge appointed to try the case but in the absence of
such Judge, such applications may be made to the Judge in Chambers.

FILINGS
As per the Bombay High Court rules the filings includes all plaints, written statements,
petitions, appeals, affidavits, applications and proceedings filed under Bombay High Court.
These filings must be done Times new Roman, times serif font or Georgia.
The minimum font size should be 12 and not exceeding 14 size. except as permitted by the
rules for quotation of words and phrases italics can be used. filings must not exceed 300
pages in one volume and multiple pages should be stitched on the left side in this the filing
should be double spaced paragraph shall be numbered and oil pagination should have a page
number immediately following the last page of the filing filed prior to that.
 AFFIRMATION/ AFFIDAVITS AND DOCUMENTS AS REQUIRED

What is affidavit

• An affidavit is a written statement confirmed by oath or affirmation, for use as

evidence in court. In other words, it is a declaration of certain facts made in writing
by a person. It used mainly to support application(s) and in certain circumstances, as
evidence in court matters and it can be a statement or a declaration on oath.
• An affidavit is basically used along with witness statements to prove the truthfulness
of a certain statement in court. As and when the person signs an affidavit form, he
simply affirms that the statement is made with complete personal knowledge.
• An affidavit is a written record of someone’s evidence. The evidence included in an
affidavit must be relevant to the proceedings. It must also come from the witness’s
first hand knowledge.
• The person who is responsible for making the statements in known as the affiant.

THREE IMPORTANT STEPS FOR AN AFFIDAVIT:

1) Purchase of Stamp Paper from Stamp Vendor
2) Drafting of an Affidavit
3) Administration of OATH and / or affirmation

PURCHASE OF STAMP PAPER

Below particulars is required:
1) Name of Deponent (Person who is taking affidavit)
2) Complete address, age, mobile number of Deponent
3) Purpose for purchasing stamp
4) Which office has requisitioned affidavit (if applicable)
5) Language of the affidavit
6) Value of stamp paper (Rs. 100 or more)

Stamp paper is available at Treasury office, Collectorate Premises, Society of

Advocates, Court Premises, any stamp vendor officially authorized to sell. Purchaser and /
or his-her representative is required to make signature in the stamp
register at the time of purchase of stamp.
DRAFTING OF AN AFFIDAVIT
Drafting an affidavit is not a Cut Paste Job. It requires following information/details
1) Heading must include name of Deponent
2) Three parts – (a) Introduction (b) Body (c) Signing Clause
3) Must be divided into consecutively numbered paragraphs
4) Special care in cases of blind and illiterate
5) Numbering and mention of pages and Annexure

Where to Register the Affidavit

• Before any court or magistrate
• Public Notary duly appointed by GOI
• Tahsildar office in respective Taluka (Tehsil) office
• Any officer or other person appointed by HC / court / Government / Commissioner of
Oath
• Commanding officer of any military, naval or air force station or ship (within limits of
the station), etc.
Note: Government of India (GOI) appoints NOTARY for a term of 5 (five) years. Notary
must have valid and in force Certificate of Practice.

Different types of affidavits:

Financial affidavit – It is often needed in the case of divorce or legal separation or any
other type of custody matters. It allows the court to decide child support, distribution
of property or any other assets in case of a divorce.

Affidavit of residency – it allows the person to verify the residential address to

establish that he lives at a particular place or address. It is used to prove eligibility to
attend a local school, college, university or any other private or public firm.

Affidavit of marriage – It allows you to verify your marital status for the purpose of
health insurance, visa, passport, etc.AFFIDAVITS
As per Rule 209 of the Bombay High Court (Original Side) Rules of 1980; The word
“Affidavit” in the chapter XII (Affidavit) except in Rule 193 shall include Plaint, Written
Statement, petition.

a) Title of affidavits –
According to the Rule 191 of The Bombay High Court (Original
Side) Rules of 1980; Every affidavit shall be intitled in the suit or matter it is sworn,
but in every case in which there are more plaintiffs or defendants than one, it shall be
sufficient to state the full name of the first plaintiff or defendant, respectively, and to
add that there are other plaintiffs or defendants, as the case may be.
b) Form of affidavit –
According to the Rule 192 of The Bombay High Court (Original
Side) Rules of 1980; Every affidavit shall be divided into paragraphs, and every
paragraph shall be numbered consecutively, and as nearly as may be, shall be confined
to a distinct portion of the subject.
c) Affidavit to be in the first person –
According to the Rule 193 of The Bombay High
Court (Original Side) Rules of 1980; Every affidavit shall be drawn up in the first
person.

Deponents
a) Description and abode of deponent to be stated
According to the Rule 194 of The Bombay High Court (Original Side) Rules of
1980; The occupation, nationality and the place of abode of every person making
an affidavit shall be inserted therein.
b) Affidavit by two or more deponents

• According to the Rule 195 of The Bombay High Court (Original Side) Rules of
1980; In every affidavit made by two or more deponents, the full names of the
several persons making the affidavit shall be inserted in the jurat or opening
declaration, except that if the affidavit of all the deponents is sworn/affirmed at one
time before the same officer, it shall be sufficient to state that it was sworn/affirmed
by both or all of the “abovenamed” deponents. Before whom affidavits to be sworn
• According to the Rule 196 of The Bombay High Court (Original Side) Rules of 1980;
Affidavits shall be sworn either before the officers referred to in Rule 197 or before
persons mentioned in section 139 of the Code of Civil Procedure, 1908.

Rule 197: Officers appointed to administer oaths.

According to the Rule 197 of The Bombay High Court (Original Side) Rules of
1980; the following Officers are appointed to administer oaths, declarations and
affirmations to any person in respect of any judicial proceeding, which may be
pending or about to be instituted in any Court in India: -
(1) Prothonotary and Senior Master,
(2) Commissioner for Taking Accounts,
(3) Court Receiver,
(4) Official Assignee,
(5) Taxing Master,
(6) Master and Assistant Prothonotary,
(7) Deputy Official Assignee,
(8) First Assistant to Court Receiver,
(9) Insolvency Registrar,
(10) Company Registrar,
(11) Account Officer,
(12) Assistant Master,
(13) First Assistant to Official Assignee,
(14) Second Assistant to Official Court Receiver,
(15) Associates,
(16) Chief Translators and Interpreter,
(17) Deputy Chief Translator and Interpreter,
(18) Assistant Chief Translator and Interpreter.
(19) Deputy Sheriff of Bombay
b) Section 139 of CrPC: Oath on affidavit by whom to be administered
In the case of any affidavit under CrPC, the oath shall be administered by
(a) any Court or Magistrate, or
(b) any officer or other person whom a High Court may appoint in this behalf,
or
(c) any officer appointed by any other Court which the State Government has
generally or specially empowered in this behalf, may administer the oath to
the deponent.

Every exhibit to be dated and initialled

According to the Rule 198 of The Bombay High Court (Original Side) Rules of 1980; Every
exhibit annexed to an affidavit shall be dated and initialled by the Officer before whom the
affidavit is sworn. Place of administering oaths to be stated when oath administered outside
Court House

According to the Rule 199 of The Bombay High Court (Original Side) Rules of 1980;
The officer authorized to administer an oath or affirmation shall state at the foot of the
affidavit the place where he has administered the oath or affirmation in the event of the same
being administered elsewhere than in the Court House.

Affidavit not to be filed unless properly endorsed

According to the Rule 200 of The Bombay High Court (Original Side) Rules of 1980; No
affidavit shall be filed in the several offices of the Court unless-
a) properly endorsed,
b) giving the names of the deponents,
c) the date on which it is sworn, and
d) stating by whom or on whose behalf it is filed.

Affidavit to be filed before use in Court or Chambers

According to the Rule 201 of The Bombay High Court (Original Side) Rules of 1980; An
affidavit shall be filed in the Prothonotary and Senior Master's Office before it is used in
Court or Chambers
Exception: Provided that the Court or the Judge in Chambers may if deemed fit order an
affidavit tendered in Court or in Chambers to be taken on file.

Special time for filing affidavits

According to the Rule 202 of The Bombay High Court (Original Side) Rules of 1980;
Where a special time is fixed for filing affidavits, no affidavit filed after that time shall be
used unless by leave of the Court or the Judge in Chambers.

Alteration in affidavit
According to the Rule 203 of The Bombay High Court (Original Side) Rules of 1980; No
affidavit having any interlineation, alteration, or erasure shall, without the leave of the Court
or the Judge in Chambers, be read or made use of in any matter pending in Court, unless the
interlineation, alteration or what is written on the erasure is authenticated by the initials of the
Officer before whom the affidavit is sworn.

Use of defective affidavits

According to the Rule 204 of The Bombay High Court (Original Side) Rules of 1980;
The Court or the Judge in Chambers may receive any affidavit sworn for the purpose
of being used in any suit or matter, notwithstanding any defect by misdescription of
parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and
may direct a memorandum to be made on the document that it has been so received.
Affidavit by illiterate or blind persons
Where it appears to the officer administering the oath or affirmation that the deponent is
illiterate or blind, he must certify that:
(a) the affidavit was read in his presence to the deponent;
(b) the deponent seemed perfectly to understand it; and
(c) the deponent made his signature or a mark in his presence
The affidavit shall not be used in evidence without such a certification unless the Court is
otherwise satisfied that it was read to and appeared to be perfectly understood by the
deponent.
Scandalous Affidavit
Scandalous affidavit involves documents that contain improper or false details.

According to the Rule 206 of The Bombay High Court (Original Side) Rules of 1980; The
Court or the Judge in Chambers may order to be struck out from any affidavit any matter
which is scandalous.

Filing false affidavit in a Court in proof of a fact relevant to the judicial proceeding, where
affidavit evidence is admissible, is an offence as defined in Section 191 I.P.C. which is
known as perjury and which is punishable u/s 193 I.P.C.

The Swearing of false affidavits in judicial proceeding not only has the tendency of
causing obstruction in the due course of judicial proceeding but has also tendency to obstruct
and interfere with the administration of justice.

Filing of false affidavits or making false statement on oath in courts aims at striking a blow
at the Rule of Law and no court can ignore such conduct that has tendency to shake public
confidence in the judicial institutions because the very structure of an ordered life is put at
stake. Therefore, anyone who makes files false affidavit or gives false statement commits
criminal contempt of the court. It would be a great public disaster if the fountain of justice
is allowed to be poisoned by anyone resorting to filing of false affidavits or giving false
statement and fabricating false evidence in the Court of Law.

In Afzal v. State of Haryana1

Where the accused police-officer asked a police official to forge the signature of his superior
on the on the carbon copy of the counter-affidavit containing false averment and the same
was fled in the Supreme Court with that forged signature, the accused was held guilty of an
offence under Section 192 of IPC.
In Gulshan Rai Nagpal v. Principal, Government Law College2
The High Court directed magistrate to initiate proceeding u/s 193 of IPC for making a false
statement in the writ petition supported by affidavit.
Procedure when affidavit is to be sworn outside Court House:
According to the Rule 207 of The Bombay High Court (Original Side) Rules of 1980;
Where an affidavit is required to be sworn outside the Court House, a written
application shall be made to the Prothonotary and Senior Master accompanied by the
necessary stamps for the attendant's fee under the Table of Fees, stating where an
Officer is required to attend, and for what purpose and why he is so required.
On receipt of such application the Prothonotary and Senior Master shall, unless he sees
any reason to the contrary, direct an officer to attend.

Procedure when affidavit is to be sworn outside India:

According to the Rule 208 of The Bombay High Court (Original Side) Rules of 1980;
When an affidavit is to be sworn at any place outside India where an Officer in the
service of India cannot be found, such affidavit may be sworn before an officer
appointed specially for the purpose.

Application for Writ, etc., (Rule 636)

According to the Rule 636 (6) of The Bombay High Court (Original Side) Rules of
1980; If the petitioner makes an application to the Supreme Court in respect of the same
matter during the pendency of the petition in the High Court, he shall forthwith bring
this fact to the notice of the High Court by filing an affidavit in the case and shall furnish
a copy of such affidavit to the other side.

Answer to the petition (642)

1 AIR 1966 SC 2326: 1996 CrLJ 1679
2 2002 CrLJ 171
According to the Rule 642 of The Bombay High Court (Original Side) Rules of 1980;
An answer to the petition shall be made by filing an affidavit in reply and serving a
copy thereof upon the petitioner or his Advocate on record at least four days before the
returnable date of the rule
Evidence on petition, Notice of Motion or Chamber Summons –
According to the Rule 190 of The Bombay High Court (Original Side) Rules of 1980;
Upon any petition, Notice of Motion or Chamber Summons, evidence may be given by
affidavit; but the Court or the Judge in Chambers may, suo motu or on the application
of either party, order the attendance for cross-examination of the person making such
affidavit.

Administration, Partition and Partnership Suits

The parties shall state briefly on affidavit the nature of their respective interests in the
suit and in the property which is the subject matter thereof.

DOCUMENTS
Rule 267: Search and certified copies of documents to a party to suit or matter
Rule 268. Search and certified copies of documents to a person not a party to suit or matter
Rule 270.

Charges for certified copies.

The following shall be the rates for obtaining the certified copies of documents:
(a) For copying and comparing documents, 40 paise per folio of 100 words
(b) For copying and comparing documents in tabular form, twice the rate mentioned in
item
(c) For comparing private copies of documents, produced for certification as true copies, 20
paise per folio of 100 words
 PROCEDURE FOR FILING MENTIONED IN THE RULES

“Filing” means and includes every Plaint, Written Statement, Petition, Memorandum of
Appeal, Affidavit, Application and every pleading within the meaning of the Code of Civil
Procedure, 1908 which is filed with the High Court registry or tendered to Court and taken on
record by the Court and which is also signed or attested by an Advocate or a party or both.

Plaint
● The documents and the plaint has to be typed, or Cyclostyled and then printed on a
foolscap paper in English, formatted to, double spacing between the lines and inner
margin of three and a half centimeters wide.
● The following documents have to be attached to the complaint:
- An index of the plaint and the attached documents,
- Exhibits or copies of exhibits,
- If the exhibit is in another language then, ONLY the official translation of the
exhibit shall be attached.
● Each exhibit has to be marked separately in a serial order, each exhibit should start on a
new page,
● Reference to the exhibit mark shall be given in the margin of the plaint where the
particular attachment is referred to.
● The plaint with its attachments shall be stitched together bookwise in the following order,
(i) Index, (ii) Plaint, (iii) Vakalatnama, (iv) Memorandum of Registered Address, (v) List
of documents on which the plaintiff relies and (vi) Exhibits or copies of exhibits.
● The dates and amounts mentioned in the plaint shall be in figures and sums of money in
rupees and paise. When Indian dates are given, the corresponding English dates have to
be added.
● The plaint shall be divided into paragraphs numbered sequentially and shall include the
particulars expected by Order VII, rules 1 to 8 of the Code of Civil Procedure.● Every
alteration, interlineation, and eradication in the plaint shall be authenticated by the
initials of the officer before whom it is declared.

Particulars of claim to be annexed to plaint

Where the plaintiff seeks to recover a debt or a liquidated sum of money, there shall be
attached to the plaint. The particulars of the plaintiff's claim.

Plaint to be verified and before whom

All plaints shall be verified, Within the local jurisdiction, before one of the officers of the
Court appointed on that behalf and elsewhere in India before the officer indicated by the
Code of Civil Procedure, section 139.

Plaint to be lodged before presentation

A plaint in which leave of the Court is to be applied for shall, except in cases of special
urgency, be lodged for examination with the officer attending on the Judge in Chambers
before 4.15 p.m. on the day previous to its being presented to the Judge and the plaintiff or
his Advocate on record shall attend before the Judge at the time of presentation.

Plaint to be properly stamped

The plaint and documents lodged, shall be properly stamped with uncancelled stamps ready
for filing.

Endorsement on admission
When a plaint is admitted the words "Admitted this day" shall be approved thereon and
signed by the Prothonotary and Senior Master or by one of his assistants, with words "written
statement" being added when such statement is needed.

Official title only of Advocate General to appear in suit by or against him when the Advocate
General is a party to a suit in his official position, he shall be named and described in the
pleadings by his official title alone. Before the name of any person shall be used in any suit as
a relator, such person shall sign a written authorization to the Advocate on accountfor that
purpose, and such authority shall be registered in the office of the Prothonotary and Senior
Master.

Form of appearance/vakalatnama to be filed on behalf of a party

- Where a party appears in person, he shall file an appearance in Form No. 4.
- Where a party appears by Advocate who, under the rules is entitled to act, appear and plead
on the Original Side, the Advocate shall file a vakalatnama in Form No. 5.
ALL THE VARIOUS FORMS CAN BE FOUND UNDER THE SCHEDULE OF
FORMS
Address for service.
on filing an appearance in person or a vakalatnama, file in the office of the Prothonotary and
Senior Master a memorandum in writing give an address within the local limits of the Court
(to be called his "registered address") where any notices, summons may be serviced to him. If
a party fails to file the registered address as required, the Court may suo motu or on the
application of any party, reject the plaint the party in default or make such other order as it
thinks fit. When a party wants to change their registered address, they shall file a fresh
memorandum, stating the new address.

Acceptance of service by Advocate on behalf of client

In case an advocate has filed his Vakalatnama for his party in a suit or matter, he shall accept
the service on behalf of his client, of all manners stated in the suit or matter until he is
discharged.

Party represented by Advocate not entitled to act or appear in person:

When a party is represented by an Advocate, he shall not be entitled to make any application
or file any praecipe or appear in person, unless the Judge or the Prothonotary and Senior
Master, as the case may be, allows him to do so.53. Parties in person to attend personally or
supply address and postage if desiring information regarding his matter by post at the time of
presentation. The name, address and description of parties appearing in person and of the
person, who had drafted the document filed by such parties, shall be submitted in the said
document.

Rules 42 and 44 to apply to all pleadings

The provisions of rules 42 and 44 shall apply, with any necessary modifications to all
pleadings, Petitions, Miscellaneous Applications, Affidavits, Notices of Motion, Chamber
Summons and all other proceedings that may be taken in a suit or matter.

Petition to be on Oath
All Petitions or any Miscellaneous Applications shall be on oath and shall be verified in the
manner provided by Order VI, rule 15 of the Code of Civil Procedure for the verification of
pleadings.
Forms of appearance or vakalatnama in petition etc.:
Forms relating to appearance and vakalatnama in suits shall apply, with any necessary
modifications, to appearance and vakalatnama in Petition, Applications and any other
matters.

General List of suits

All suits shall be registered in the Prothonotary and Senior Master's office in a list called the
General List of suits. In such a list, the number and the class of the suit shall be entered, the
names of the plaintiff and the defendant, their respective Advocates, if any, and the date
allotted for the hearing.

Prospective List of suits

Every fortnight, or sooner if needed, a list shall be made of suits that are due for hearing.
Such a list shall be called the Prospective List of suits, and shall be put up near the office of
Prothonotary and Senior Master.

Working of Prospective List

The Prospective List shall be taken in their turn suits, which is required for hearing for the
Courts.

Transfer of suit of Stayed List "A"

When an order is made stating a suit to arbitration, such a suit shall be transferred from the
General List of suits to a separate list called "Stayed List 'A' ". After the award is filed, Such
suit shall be restored to the General List of suits.

Transfer of suit to Stayed list "B"

(a) A suit in which an order for the issue of a commission for the examination of a witness is
needed and no definite date for the hearing of the suit is stated, such a suit shall be transferred
from the General List of suits to a different list called "Stayed List 'B"'. Such suits shall be
restored to the General List of suits, after the return of the Commission.
(b) in a suit where an interim stay of proceedings has been granted shall be transferred from
the General List of suits to Stayed List "B" and shall be restored to the General List after the
stay is removed.
Removal of a suit for trial to High Court from any Subordinate Court
When an order is made by the High Court, Appellate Side, under the Extraordinary Civil
Jurisdiction for the removal of a suit from any Subordinate Court, the Registrar, High Court,
Appellate Side, shall transfer the papers in such suit, when received, to the Prothonotary and
Senior Master, who will treat the suit as suit filed on the Original Side and has to enter it in
the General List of suits.

Interim and ad-interim reliefs, how to be prayed for and form of pleadings.
In any case where interim relief is sought, it is not necessary to set out the full text of the
interim relief in the body of the pleading; instead, it is sufficient to state that the party is
entitled to interim and ad-interim reliefs based on the facts and circumstances pleaded, as
well as the necessary averments regarding balance of convenience, urgency, and irreparable
harm.

Compulsory E-Filing
The Court may prescribe and periodically amend rules and procedures for compulsory e
filing.

SCHEDULE OF FORMS
The schedule of forms that have been stated in the Bombay high court rules, contain all the
various forms required in the various matters as per the rules mentioned in the Bombay high
court rules. These include all the formats of the forms that may be used as per the subject
matter of various cases

COURT FEES
The concept of court fee came into place as a financial aid to the courts. It helps in the
smooth functioning of the courts and the fee is used in the administration function of the
court. The Court Fees Act, 1870 states that the payment of court fee should be in the form of
stamps which can be adhesive or impressed as notified by the State Government in their
Official Gazette from time to time. Later the option of e-Court Fee payment was introduced
which saves the time and energy of both the purchaser and the administration.
Types of Court Fees
1. Ad valorem court fees (Schedule 1) - when the court fee has to be paid according to the
value of the subject matter that is known as the Ad valorem court fees.
2. Fixed Court fees (Schedule 2) - when the court fee is to be paid according to the prescribed
amount fixed by the government is called fixed court fees.

The fee liable on a plaintiff in a case or the same relief is subject to a minimum fee of one
hundred rupees.

Computation of Court Fees

There are three major types of valuation of subject matter of suit:
1. By valuing according to the market value
2. By ascribing to the subject-matter an artificial value based simply on the certain fixed
rule of calculation.
3. By requiring the plaintiff, himself to value the relief he seeks.

Consequences of default in payment of fees:

If an advocate or party in person fails to pay court fees and/or fees chargeable under the rules
of the High Court, the head of the office may in his discretion refuse to receive any fresh
document from such advocate or party in person and/or refuse to hear any matter until the
amount due is paid.
Late payment when deemed to be made:
When an amount is tendered in the court on any given day after 1 pm but is not accepted by
the office authorities and then the amount is paid next day between 11 am and 1 pm then the
payment shall be deemed to have been made on the day on which the tender was made.Fees
for Third Party
When in a case the defendant claims against any person not already a party to the case:
The Court or the Judge in Chambers may decide all questions of costs as between a Third
Party and the other parties to the suit, and may order any one or more to pay the costs of any
other, or others, or give such direction as to costs as the justice of the case may require.
Fees from Indigent Person:
A person shall be deemed to be an indigent person if he does not possesses means exceeding
one thousand rupees in value. No fees to be taken from the indigent person. Unless otherwise
ordered in every case in which an indigent party is concerned a direction shall be inserted in
every decree or order of payment to government of the court fees which he would have had to
pay had he not been permitted to sue or proceed in the matter as an indigent person
Deposit of Certified Copies:
Every application for a certified copy of any Judgment, Decree or Order and Minutes of
Order shall be accompanied by a deposit of Rs. 20, Rs.15, Rs. 10 respectively. Any further
charges that may be found to be due shall be paid before the copy is furnished. If the amount
deposited is found to be in excess of the actual charges, the excess shall be returned when the
copy is furnished.

Charges for Certified Copies:

1. For copying and comparing documents, 40 paise per folio of 100 words or fraction
thereof
2. For copying and comparing documents in tabular form, twice the rate mentioned in item 1
3. For comparing private copies of documents, produced for certification as true copies, 20
paise per folio of 100 words or fraction thereof
4. For copying map or plan such fees not exceeding Rs. 25 and not less than Rs. 2 as the
Prothonotary and Senior Master may determine.
5. For copying and comparing copies prepared on Xerox Machine Rs. 1.50 Paise per page
6. For copying and comparing urgent copies prepared on Xerox Machine Rs. 2.25 paise per
page