Sr. No.

Particulars CPC Provision

CIVIL PROCEDURE CODE AND CIVIL MANUAL

Sr. No. Sr.No Particulars 139 Order Rule

Language of Court shall continue to be

language of such subordinate court until
state government otherwise directs 137
1 Preparation of Suit
1to7
a Frame of Suit 2 4,5
b Pleadings 6 2,6,14
c Plaint 7 1 to 8
2 Filing of Document
a Document to be filed alongwith suit 7 14(2)
Document to be filed alongwith written
b statement 8 1A
Filing of documents filed by Person other 11 12 to 16
c than party 16 6-21

d Return of Documents 13 3to10

4, 1-2
3 Formalities for filing of Suit 6 1-15
4 Institution of Suits 26
5 Place of Suing 15 to 25
Every Suit shall be instituted in court of
a lowest grade competent to try it 15
Suit to be instituted subject matterwise
b (Pecuniary Jurisdiction) 16
Presentation,Examination and Registration
c of Plaints 2,4 1,1
d Formalities after institution of Suit 27,28,31 4 1,2

3 1-4
6 14A
e Duties of Lawyer 7 14
6 Examination of Plaint 7
a Particulars to be contained in Plaint 7 1,2,3
b admitted 4 2
c rejected 96 7 11,12,13
d Return of Plaint 7,43 10,10-A,1-A
 e Court may appoint Officer to receive Plaint 4 1

f returned for presentation to proper court 7,49 10,3(1)

Returned for ammendment on ground it is
g not framed as required by law 7 2
Forms provided in Appendix A are properly
h followed 6 3
i Plaint is properly signed 6 14
j Plaint is duly verified 6 15
Provisions of Order 2 Rule 4 and 5 are
k infringed 2 4&5
Necessary Court Fee Stamps and Postal
l Charges for service of Summons
m Memo of Address 6 14-A
n Verify List of Documents 7 9
7 Return of Plaint 7 10&10-A
1(i),11(b),©,1
8 Valuation of Suit 149 7 2,13

a Refund of Court Fee

b Improper Valuation and insufficent court fee 7 11(b,c),12,13

Suit to include whole claim plaintiff may

relinquish any portion to bring within
c jurisdiction of court 2 2

9 Jurisdiction and Objection for Jurisdiction

a Kinds of Jurisdiction
b Pecunicary 6
c Teritorial or local 7 3
d Jurisdiction on basis of subject matter 9,20
Jurisdiction for dispute of Immovable
e Property 7 3

Bar on Jurisdiction
Express
Implied 9
Bar created by Act of Parties 9
Objection as to Jurisdiction 20
f 9A,21
10 Relief
7, 1(g),6A(4)
a Nature and Suit of Relief 8 1,6,6(f)
b Consequential Relief 151
c Alternative 7 7,8
 d Inconsistent 7 7,8
e Relief not asked for 20 1,3
Interim 39 1to5
f Interim Relief Application 94,95 39 1,2
g Courts Power to grant relief 33
5 6
11 Appearance of Persons Summoned 16 9

12 Appearance and Non-Appearance of Parties 9 1 to 14

9 2to5,8to14
43 1(d)
47 1
a Effect of Non-Appearance of Parties 8 11-36
13 a Schedule of Property in Plaint 16,17 7 1©,3

Names of parties should be shown in

consecutive numbers written one below
other,the representatives of parties who are
brought on record after institution od suit
b should be shown in sub-numbers
14 Caveat 148-A 40-A 41
a Lodging of Caveat 52
15 Roznama of Proceedings
16 Parties to the Suits
a Plaintiffs 1 1
b Defendants 1 3
c Third Party 8 11 to 36
d Address of Parties 7 1
e Necessary and Proper Parties 1 1to8
f Court may strike out or add parties 1,22,23 10(2),5,1-A
Objections as to non joinder and misjoinder
g of Parties 1 10(13)
General Power for transfer and withdrawal
h of suit 24
12, 7 1-e,11
17 Cause of action 20 23 1,3

Joinder of Various cause of

action,Msjoinder,Restrictions for cause of
a action 2 3,4,5,7
18 Limitation

6 4
7 1
a Limitation 20 20

b Ground of Exemption from Limitation Law 7 6

 7 11(d)
c Preliminary Issue 14 2
19 Res Judicata 11
20 Recognized Agents

Power of Attorney Holders, Person carrying

on trade and business in name of parties not
a resident within local limits 3 2(a&b)

Appointment of Pleader (Extent of

Appointment of Advocate deemed to be in
b force) 3 4
c Withdrawal of Vakaltnama
Appointment of firm of Advocates/Form of
d Appearance
e Format of Vakaltnama

4 1
21 Process of Suit 27,29,31 7 9
Issue and Service of Summons to
22 Defendants (related to Order 7 Rule 9) 27 5 9to 30
a Summons to defendants 5 1,2
Method of Service of Summon on
b Defendant 5 1,12,15,20
c Mode of Service of Summons
d Personal or direct service 5 10,17,18
e Refusal of Service of Summons 5 17,19
f Substitute Service of Summons 5 17,20

9(3),9(A),21
g Alternate mode of Service of Summons 5 to 30

3,5,7,8,915,
17,19,20,23,
h Courts power to issue summons 5 30
23 Summons for Other Purpose
5 7
a For Production of Document 16 1,6
b To third Party 8 23

c For discovery and inspection 11 1to 23

26 1to 22
d For purpose of various works 76 6 14-A
e Make local investigation 26 9to26
f Commission for settlement of accounts 26 11
g Make technical or expert investigation 26 10-A
h Make Partition 26 13,14
 i Perform ministerial act 26 10-B

It is duty of serving officer to follow the

procedure and take steps as provisions of
j CPC 5 15,17
Whether summons would require personal
k attendance of Defendant 5 3&4
Whether summons is for final disposal or
l settlement of issues 5 5

When Defendant appears then judge should

make appropriate endorsement on plaint
m and intial them 5 6
n Delivery of Summons by Court 5 9
o Summons given to Plaintiff for Service 5 9-A
Summons where Defendant resides in
p another state 28
29 5 25,26
16 8
48 2

q Service of Foreign Summon

Proviso regarding service of summons by
r post 5 19-A&22

s Summons to witness 27,28,29,31 16 7,7-A,8

Summons sent to other state to such court
t as prescribed by rules in state 28
Defendant to appear and answer on day
u fixed in summons 9 1

v Court to state its decision on each issue 20 5

Wriitten Statement
8 1,3,4,5,6,6A
Effect of Written Statement and say on the to 6G,7,17
24 suit 12 1to6,9
a Non filing of Written Statement 8 1
b Counter Written Statement 8 6A
1
object of Written statement can be attained 10 3
c by examination of defendant 6&7,49
d limitation 8 1
e Counter Claim 8 6

6, 2,6,9,10,11,12
,13,14-A,15
25 Pleadings 7 1©,3
 Whole case and material facts should be
stated in pleadings evidence by which they
a are to be proved should not be stated 6 G
b Verification of Pleading 26(2) 6 15
c Subsequent Pleading 8 9
It is sufficient to state the effect of
d document 6 9
e Stay on Suit 10
26 Ammendment of Pleadings 6 17

If court finds pleadings do not represent real

assertions and contentions of parties then it
should opportunities to parties to ammend
a plaint 10
b Application for ammendment of Pleadings 153 6 17,14,15
Power of court to strike out or ammend
c pleadings 6 16

Chief Ministerial officer of the court shall

satisfy himself as to correctness of and sign
following papers
a) List of documents produced alongwith
plaint
b) Copies of Plaint
d c) Concise Statement 7 9(4)
Matters Preliminary to the settlement of
27 issues/ Affidavit of document 11 12

Court shall fix date for

(i) the reception of documents other than
those in possession of parties
(ii) Application for interrogatories, discovery
a of documents and inspection 30 10 2

Interrogatories,Discovery and inspection of

b documents 11 1

c Notice to admit 12 1 to 8
d Inspection of Document 11 15,17
e Notice to produce 11 14
Mode and Method of Production of
28 Documents
By Plaintiff alongwith Plaint (to refer
a document) 7 14
 By Defendant alongwith Written Statement
b (to refer document) 8 1A
Stage for Production of documents and
c entitle produce documents 13 1to11
13 3,4,7
d At any stage of suit 16 6,7,15,21,7A
e Summons for evidence 16 1 to 21
7 14(4)
f During examination of Witness 8 1A(4)

11 13 to 16
13 1 to7
g Power of Court 16 7to 22
h Notice to produce 11 16

i Original entry to be marked and returned 7 17(2)

29 Notice of Admission 12 1 to 8
a Notice to admit documents 12 2

7
8 3to5
11 22
b Admission by Pleading 12 1

12 1 to9
10 1 to 4
18 3
c Admission of document or otherwise 13 3 to 5,7
d Effect of admission 10 1

Document deemed to admitted if not

denied after service of notice to admit
e documents 12 3
f Notice to admit facts 12 4
g Judgement of admission 12 6
30 Framing of Issues 14 1

Where issue is referred to trial court for

recording findings the court shall treat it as
a specifically expedited case
31 Settlement of Issues 14 1
Party has to produce evidence in support of
a issues 18 2&3

Duty of framing issues under law must be

performed by court and pronounce
b judgement 14 2
Procedure to be followed by court in
32 framing issues 14 3
 Every proposition of fact and every
proposition of law which is affirmed by one
side and denied by other shall be made
a subject of separate issue
Every issue of fact be so framed as to
b indicate on whom burden of proof lies

Every issue of law shall be so framed as to

indicate the precise of question of law to be
c decided

when the question is whether a certain

section of law applies the issue should be
d framed in words of that section
e Issues should be self contained

Every issue should form single question as

far as possible should not be put in
f alternative form

No question regarding admissibility of

g evidence shall be made subject of an issue

No proposition of fact which is not itself a

material proposition but is relevant only as
tending to prove a material proposition shall
h be made subject of an issue

Issue of jurisdiction and limitation should be

tried immediately as preliminary issue 21
Court may at any time ammend or frame
additional issues 14 5
33 To Bring legal heirs on record
a To issue summons to legal heirs 22,43 4,(1l,1k)

It shall be responsibility of Plaintiff to bring

on record legal heirs within period of
b limitation 22 4(1)
34 Injunctions

Proper discretion should be excerised in

issuing ex-parte injunction it is duty of
presiding officer to protect interest of
a absentee Defendant
b Ex-Parte 9 6(a)
Defendant appears and assigns a good
c reasons to set aside ex-parte order 9 7&13
35 List of Witness 16,49 1,3(3)

a Party himself wishes to appears as witness 18 3-A

 b Summoning and Attendance of Witness 16 1
c Summons to produce document 16 6
36 Production of Court Records 13 10
37 Commissions 75to 78 26 4

General guidelines for purpose of

appointment of commissioner and work of
a commission 26 15-22
Party to deposit amount for execution of
b commission 26 15
Letter of request to examine witness and
c procedure to examine witness 77

Court while appointing commission shall 18 3 to 7

d consider the factors to be taken in account 26 16,16-A,17,18
38 Interest 34
39 Costs 35,35-B

a Cost to be awarded while preparing decree 20-A,25

6
9 5,17
11 6(2),7,9,13
12 3,15,18(2)
16 4,9
17 10(3),11,12
19 2
21 3(2)
34(6),38,39,5,
45(2),46(G),5
5,67(2),69(3),
22 72(3)
23 3,8(2),9(2)
24 1(4)
4
2,4(4),5(2),8,9
32 ,11,12(4),13(1
33 ),14(2),3
34 10,11,16
35 4(2),10,13
37 3,6
41 2(3)
45 18,21,35(3)
46 7
b Specific or implied reference to cost 137,153 4
40 Evidence 18 2,3(4),11
 Deposition of each witness should be
a recorded on separate sheet
Evidence of Witness shall be recorded in
b language of court

Memorandum of substance of deposition

should be compared with deposition
c recorded in regional language 18 8

d Observance of law in recording evidence

When witness is cross examined judge
e should guide himself with by

f Restrictions during commencement of Trial 6 17

Any question objected,and court allows it or

disallows it to recorded in memorandum of
g evidence 18 11
41 Procedure for recording evidence
a Several Issues and Burden of Proof 18 3
b Oral Evidence 18 4

1to6,
8to17
c Recording of Evidence 18 2,3,4,11,16
d Chief Examination 18 4(1)
e Cross Examination 18 4(2)
f Re-examination 18 17
g Language of Evidence 18 6,9
h Question,Answer and Objection 18 11
1to 5and
42 Pronouncement of Judgements 33,152 5-A 20
Every Decree shall bear the date on which
a pronounced 20,49 7,3(5)
Refund of court fees
b Section 43 of Bombay Court Fees Act

Judgements shall contain

(i) Concise statement of case
(ii) Points of Determination
c (iii) Decision and Reason for decision 20 4(2)
Court to mention where appeal lies if not
d represented by pleader 20 5(A)

Date and contents of Decree in Appeal,

Judge dissenting from judgement in Decree
e need not sign decree 41 35
43 Suit by or against Minors 32 3&4
 Indigent Person (Proceedings require
44 judicial inquiry) 122 33,43 2,(1na)
45 Appeals by Indigent Persons 43 1
36 to
46 Execution of Decree 67,73,74,135 21
a Court competent for Execution 37 to 46
Contents of Decree
b Preparation of Decree 20 6
Interest shall cease from the date the notice
c is served 21 1(4)

Percept: Court which issues decree may

issue percept on application to other court
d to execute decree 46
e Transferee 49
f Legal Representatives 50
Procedure there are no legal representative
g after plaintiff 22 4-A
Determination of Question of Legal
h representative 22 5
Application and Examination of Execution
i Application
Execution by Indian Courts of Decrees
j passed outside India 43,44,44-A

k Land situate in more than one jurisdiction 39 21 3

Giving Possession of Immovable Property (in
l execution Application) 21 35&36

m Attachment of Property 21 41 to 54
n Mode of attachment of Property 21 54
o Receive application for execution 47 21 17
p Execution of Cross Decrees 21 18
Execution of cross claims under same
q decree 21 19

Form of Application for execution 21 22

21 26to 29
r Stay of execution 51 5 to 8
Security in case of Order for execution of
s decree appealed from 41
 t Arrest and detention of judgement debtor 55 to 59 21,43 37 to 40,1i)

No decree to be reversed or modified for

error or irregularity not affecting merits or
u jurisdiction 99

No order under section 47 be reversed or

modified unless deceision case is
v prejudically affected 99-A

w Mode of Execution of Decree 51 21 30 to 57

x Payment under Decree 21 1,2

y Attachment of Property 60 to 64 21 41 to 57
z Decree against firm 21 48 to 50

Investigation and determination of liability

of garnishee in execution proceedings in
aa which debts are attached 122 21 46-A to 46-K
Attachment of money and other property
bb lying in court 21 52
cc Attached by seizure 16 44 to 54

Baliff should furnish signed receipt from

whose possession immovable property is
dd attached 21 43
ee Warrant of attachment by bailiff 21,48 43,3
ff Mode of paying money under Decree 21 1
Officer is entrusted with process for
gg execution is to make a return 21 25
hh Rules under Section 157 157

Where immovable property is

attached,property can be proclaimed at
ii judgement debtor expense 21 55
Disposing of disputing in attachment
jj proceedings 21 58&59
kk Appointment of receiver in execution 40 1
ll Appointment of receiver 40,43 1to 5
47 Order for Sale
Attached property not to be put on sale
a without an order for sale 21 64
68 to 77 and
b Law relating to sale 21,43 82to 88,1(j)
 No order for Sale should be made unless
c statement is furnished 21 66(3)
48 Proclamation of Sale
When sale is confirmed by court,sale in form
a to be granted to purchaser 21 94
b To conduct Sale 21 65
c Mode of making Proclamation 21 67

After Order of Sale is made,notice must be

issued to judgement debtor and decree
d holder to settle proclamation of Sale 21 66(2)

In order for sale of moveable property

under attachment a notice need not be
issued to judgement debtor for settling the
e terms of proclamation

Sale of Immovable Property is absolute

f when money is paid and receipt is issued 21 77(2),78
Manner prescribed giving possession of
g Immovable Property 21 79 to 81
Possession of Immovable Property to
h auction purchaser 21 95&96
Resistance or Obstruction to possession to 97 to
i decree holder 74 21,43 106,1(ja)
49 Dismissal of Suit
Summons not served in consequence of
a plaintiff failure to pay cost 9 2
when neither party appears suit be
b dismissed 9,17 3,2
Plaintiff may bring fresh suit or court may
c restore suit to file 9 4

Where in suit only defendant appears suit

be dismissed. Plaintiff cannot bring frest suit
but if he assigns good reason then dismissal
d order can be set aside 9,43 8,1(c,d)
e Transfer of Cases 22 to 25

50 Settlement 89 10 1-A,1-B,1-C
Court may order any document to be
a impounded 13 8
51 Suit concerning family 32
Mortgage Suits (Transfer of Property Act
52 Section 104
53 Proceedings under Indian Succession Act

Grant of Probate and Letter of

Administration in non-contentious issues
a (Section 265 of Indian Succession Act)

Civil Judge (Junior Division) is granted all

powers of District Judge in issuing
Succession Certificate limited to debts and
securities ti the extent of pecuniary
b jurisdiction

Judge should take security in granting letters

of Administration (Section 291 of Indian
c Succession Act)

Stamp duty for certificates under Indian

Successiion Act 1925 should be levied on
d market value and not on face value
Probate duty should be taken in Court Fee
e Stamps
54 Suits
a Suit by or against Government 79 27 1 to 8B
b Notice to Government or public officer 80,82
Suit by aliens and by or against foreign
c rulers,ambassadors and envoys 83,87
Suit by or against military or navalman or
d airmen 28 1 to 3
e Suit by or against Corporations 29 1 to 3

Suit by or against firms and carrying on

f business in the names other than their own 30 1to 10
Suit by or against Trustee executor or
g administrator 32 1to6
h Suit relating to public trust 92
Suit against minors or person of unsound
i mind 32 1to16

j Suit relating to matters concerning Family 32-A 1to6

Suit relating mortgage of immovable

k property 34 1to15
Suit on Agreement between parties upon
l question of fact and law 90 36 1to5
55 Adjournments 17 1
56 Hearing of Suit and Examination of Witness 18 1
a Recording of Evidence 18 4

b Evidence to be taken in appealable cases 138 18 5

c Questions objected to and allowed by court 18 11

d Remarks on demeanour of witness 18 12
e Court may recall and examine witness 18 17
Power to order attendance of deponent for
f cross examination 19 2

g Right to begin Hearing 153-B 18 1,2,3,16,19

57 Affidavit
Oath on Affidavit by whom to be
a administered 139
b Any point to be proved by Affidavit 19 1

c Matters to which affidavit shall be confined 19 3

The person who may administer oaths to

d deponents must be authorised under CPC 139

When any person makes Application

alongwith supporting Affidavit,such Affidavit
should be on solomen Affirmation and
payment of affixed stamp of such fee state
e affidavit was made on solemn affrmation
f Directions for preparing Affidavit

Oaths and Affirmation made by Witness or

interpreter under Section 3 of Oaths Act
1969 shall be as required by Section 5(2) of
g that Act

Forms of Oaths and Affirmations prescribed

h under Section 6 of Oaths Act 1969
Court to order any point of formal nature to
i be proved by Affidavit 19 1to 3
58 Rules under Special Acts
a Petition for Divorce

Arbitration and Concillation Act

Rules framed by High court under Section 82
b of Arbitration and Conciliation Act 1996
c Special Marriage Act
 d Hindu Marriage Act
Insolvency Proceedings (Bombay Provincial
e Insolvency Rules)

22,46-A to 46-
Miscellaneous proceedings requiring 148-A 21, I,58,89,90,91,
59 judicial inquiry 122 4,9,13 97,99
60 Interpleader Suit 88 35,43 1(p)

Settlement of Disputes outside court

Arbitration and Concillation (89(2a))
Lokadalat (89(2b))
Judicial Settlement (89(2c))
61 Mediation(89(2d)) 89
Public nusiance and other wrongfull acts
62 affecting public 91
63 Public charities 92

Supplemental Proceedings
Interlocutory Order as may to appear to
64 court be just and convienient 94
65 Appeal from Original Decree 96 41

Form of Appeal will be preffered in form

Memorandum signed by Appelant or
a Pleader 96 41 1
b Contents of Memorandum of Appeal 41 2
c Rejection of Memorandum of Appeal 41 3
Stay by Appellate Court,Stay by Court which
d passed the Decree 41 4
e Registry of Memorandum of Appeal 41 9
f Right to begin Appeal 41 16
Dismissal of Appeal for Appellant
g Default,Hearing appeal ex-parte 41 17

h Readmission of appeal dismissed for default 41,43 19,1(t)

i Rehearing appeal against ex-parte decree 41 21

Upon hearing respondent may object to

decree as if he had preferred separate
j Appeal (Cross Objection) 41 22
k Remand of case by Appellate Court 41,43 23,1(u)
Appellate Court may frame issues and refer
l them for trial to court 41 25
Production of Additional Evidence in
m Appellate Court 41 27
Contents date and Signature of Judement of
n Appeal 41 31
 Dissent to be recorded (if heard by more
o than one judge) 41 34

96,99- 41
A,100,103, 43
66 Appeals from Appellate Decrees 107,109 41 3
A a Application of rule 14 of Order 41 42

104
106
67 Appeal from Order 108 43 1,33
Right to challenge non-appeable Orders in
a appeal against decree 43 1-A
Preliminary decree cannot be disputed if
68 appeal is made against final decree 97
No abatement by Party Death if right to sue
a survives 22 1
Abatement of Suit (Plaintiff) (will not apply
b to execution of decree) 22 3,12
Abatement of Suit (Defendant) (will not
c apply to execution of decree) 22 4,12

Suit abated due to ignorance can be set

aside on Application under Section 5 of
d Limitation Act 22 5

No abatement by marriage of Female Party 22 7

Effect of abatement or dismissal (Provisons

e of Section 5 of Limitation Act) 22 9
Duty of Pleader to communicate the death
f of Party 22 10
69 Withdrawal and Adjustment of Suit 23
Withdrawal of Suit or abandonment of part
a of claim 23 1

Plaintiff may withdraw if there is some

defect or sufficent ground to institute fresh
b suit 23 3
c Transposition of defendant as plaintiff 23 1-A
d Compromise of Suit 89 23,49 3,3(6)
e Restriction on Compromise 32 15
70 Payment into Court 24
71 Security for Cost 25,43 1(n)
Cases in which court may issue commission 26 1
72 to examine witness 18 4(2),19
a Order for Commission 26 2
Return of Commission with deposition of
b Witness 26 7
 Deposition taken by commission cannot be
c read in evidence without consent of parties 26 8
d Commission to make local investigation 26 9
e Powers of Commissioner 26 16

f Questions objected before Commissioner 26 16-A

g Court to fix time for return of Commission 26 18-B

73 Second Appeal 100

Power of court to direct the appeal to be

a heard on the question formulated by it 100 41 2

No further appeal from Original or Appellate

Decree or Order is decided from Single
Judge of High Court no further appeal shall
lie from Judgement and Decree of Single
b Judge 100-A
c Points to be examined in appeal
Difference in Valuation of Appeal and Plaint
d to be explained

e Objections to be complied within 7 days

Every Appeal hearing should be concluded
f in Sixty days 41 11-A

In appeals against decree for payment of

money court may direct appellant to deposit
g money or furnish security

If appeal is beyond time then application is

h made under Section 5 of Limitation Act

Period of Limitation should be computed as

per Section 12(2) of Limitation Act for filing
i an appeal

Appeal is dismissed then court shall record

brief judgement recording reasons for
j dismissal 41 11

Since notice before admission is not a

procedure prescribed under CPC Hence
hearing of appeal for admission will not
become final hearing because formal decree
drawn cannot be decree under Order 35
k Rule 41 of CPC
74 Order of Remand 151 41 23
 Appellate court can frame issues and decide
a matter when evidence on record is sufficent 41 24
Appellate Court to frame issues and remand
b back matter for trial 41 25,26

Additional evidence to be taken in appeal

and rules to deal with mode it shall be taken
c and points to which it shall be directed 41,49(3) 25,26,27

Any party agrrived by remand from which

appeal he shall be precludedfrom disputing
d correctness 105
75 Records
a Classification of Records
b Preparation of Records
c Documents
76 Marking of Exhibit in Evidence

If document is rejected from evidence then

it should be endorsed as prescribed and
a returned 13 6

To satisfy himself as to correctnes of copies

produce and mark the Original document
b for Indentification 7 17
77 Application for return of Document

Any person who has filed General Power

Attorney authorising him to appear, apply or
act on behalf of party desires to have Power
of Attorney returned to him shall be
returned on sufficent reasons and providing
a certified copy
b Application for return of Document
78 Powers of Appellate Court 107
a Review 114 47,43 4,1w
b Application for review of Judgement 47 1

c Form of Application for Review 47 3

d Application where rejected and granted 47 4(1),(2)
e Revision 115
Suit relating to matters concerning the
79 Family 32-A
Suit relating to Mortgage of Immovable
80 Property 36
 Mortgage by Deposit of Title Deeds and
Charges
Section 58 and Section 100 of Transfer of
a Property Act 36 15

81 Summary Procedure 37 1

Order applies to the following classes of

suits, namely:--
(a) suits upon bills of exchange, hundies and
promissory notes;
(b) suits in which the plaintiff seeks only to
recover a debt or liquidated demand in
money payable by the defendant, with or
without interest, arising,--
(i) on a written contract, or
(ii) on an enactment, where the sum sought
to be recovered is a fixed sum of money or
in the nature of a debt other than a penalty;
or
(iii) on a guarantee, where the claim against
the principal is in respect of a debt or
liquidated demand only.]
a 37 2

Institution of Summary Suit

(1) A suit, to which this Order applies, may if
the plaintiff desires to proceed hereunder,
be instituted by presenting a plaint which
shall contain,--
(a) a specific averment to the effect that the
suit is filed under this Order;
(b) that no relief, which does not fall within
the ambit of this rule, has been claimed in
the plaint; and
(c) the following inscription, immediately
Below the number of the suit in the title of
the suit, namely:--
"(Under Order XXXVII of the Code of Civil
Procedure, 1908)".
b 37 2
 himself, either by notice delivered at or sent
by a pre-paid letter directed to the address
of the plaintiffs pleader or of the plaintiff, as
the case may be.
(4) If the defendant enters an appearance,
the plaintiff shall thereafter serve on the
defendant a summons for judgment in Form
No. 4A in Appendix B or such other Form as
may be prescribed from time to time,
returnable not less than ten days from the
date of service supported by an affidavit
verifying the cause of action and the
amount claimed and stating that in his belief
there is no defence to the suit.
(5) The defendant may, at any time within
ten days from the service of such summons
for judgment, by affidavit or otherwise
disclosing such facts as may be deemed
sufficient to entitle him to defend, apply on
such summons for leave to defend such suit,
and leave to defend may be granted to him
unconditionally or upon such terms as may
appear to the Court or Judge to be just:
Provided that leave to defend shall not be
refused unless the Court is satisfied that the
facts disclosed by the defendant do not
indicate that he has a substantial defence to
raise or that the defence intended to be put
up by the defendant is frivolous or
vexatious:
Provided further that, where a part of the
amount claimed by the plaintiff is admitted
by the defendant to be due from him, leave
to defend the suit shall not be granted
unless the amount so admitted to be due is
deposited by the defendant in Court.
c 37 3

d Power to set aside decree in Summary Suit 37 4

e Arrest and attachment before Judgement 95 38,43 1(q)

Where at any stage of a suit, other than a

suit of the nature referred to in section 16 ,
clauses (a) to (d), the Court is satisfied, by
affidavit or otherwise,--
(a) that the defendant, with intent to delay
the plaintiff,
(i) has absconded or left the local limits of
f the jurisdiction of the Court, 38 1
Section 16,17,20 shall not apply High Court
g Original Side 122
Power of High Court to make rules other
h than specified in Section 122 125
 Rules to be subject to approval of High
i Court 126
Power of High Court to make rules as to
j matters other than procedure 129

Where defendant may be called upon to

k funish security for production of Property 38 4,5
Proovisions applicable to attachment of
l Property 38 11-A
82 Injunction
Temporary Injunction and Interlocutory
a Orders 39
Cases in which temporary Injunction may be
b granted 39,43 1,1r
Injunction to restrain repitition or
c continuance of breach 39,43 2,2-A,1r
Before granting injunction court to direct
d notice to opposite party 39 3
Order for Injunction may be
e discharged,varied,set aside 39 4
Injunction to coporation binding on its
f officers 39 5
Detention,Preservation,Inspection of
g subject matter of suit 39 7

Application for such Orders to be after

notice
An application by the plaintiff for an order
under rule 6 or rule 7 may be made 1 [***]
h at any time after institution of the suit. 39 8
When Party may be put possession of land
i the subject matter 39 9

j Unauthorized Persons not to address court 119

k Publication of Rules 127
83 Search and Inspection of Records
a Disposed of Cases
b Pending Cases
Copies and Copying Fee (Application for
84 Certified Copy)
Copies of Paper may be granted under
a Section 41 of Bombay Civil Courts Act
85 Judicial Officers
86 Establishment
87 Letter Patent Appeals 41-B
 88 Appeals to Supreme Court 44

a Cetificate as to value or fitness 44 3

b Admission of Appeal and Procedure thereon 44 8

89 Orders and Notices in Writing 142
90 Proceeding by or against representative 146 1 8

91 Power to make up decficency in court fees 149

92 Transfer of Business 150
93 Saving of Inherent Powers of court 151
94 Death, Marriage, Insovency 146 22
Ammedment of Judgement,decree and
95 Order 152

General Power to ammend (Power to

ammend decree or order where appeal is
a summarily dismissed) 153,153-A

96 Reference 113 46
Miscellaneous (Service of Process and
97 Appendix 48
a Provincial Small Cause Court 50
b Presidency Small Cause Court 51
98 Lawyer,Lawyer Fees and Lawyer Clerk
a Family Connection while alloting courts
b Lawyer Clerk
99 Dress code of Advocate

Plaintiff and Defendant shall include

Appellant and Respondent Applicant and
a Opponent
100 Post and Correspondence to High Court
Holidays and Vacations (Section 43 of
a Bombay Civil Court Act)
101 Libraries
102 Return

103 Supritendence over courts and Inspection

104 Accounts
105 Land Accquisition Case Deposit
106 Annual Administration Report
107 Miscellaneous General Orders 141
 Civil Manual

High
Court Bombay
Oiginal City Civil High Court The
Side Court Appellate Limitation
NUAL Evidence Act Rules Rules Side Rules Act
Appendix Chapter Paragraph Rules Rules Rules

2 8(viii)
5,2 78,8,17,18
2 17,18,8

2 9,20

3 41

8,10,27 129131132133

2,3,5,27, 7,8(i),942,78,523
42 45 4(i)

2 7
2 7to 29

2 8(IV),26,20 275

43
2,31 8(a),594
2 8(b),5
2 8©,15
31 594 45

2 8©

2 8(d)

2 8(d)(i)
2 8(d)(ii)
2 8(d)(iv) 44

2 8(d)(viii)

2 8 (d)(ix)
2 8(d)(xv)
2 9
2 15

2 17,8(b)
21 277,285
24 501

2 18

2 18
 2 28(vii)

7 97,98
11 267
2(iv)k,17(8
31 594(7) (i))

12 10(15)

2 18

2 19
2 27 401 4(32)

2 28

Form 12
2,23 19,487-A,B

B,5

H,2 19 337

2 8(b),10

2 8(iii)

31 596-II Section-3

2 8(v) Section-5
 2 8(b)

33 660
33 660(4) 628 359 10(17)

33 662 49 61
33

99to125,134
8, to150,171 to
22 184,488 to 493

50 7 (4 to 9)
B,1,2 69 and 84 51 to 64

70 to 72 51
76 63
B,11 3 35
3,8 35,27,111
3 35 86 65

34,35,38,39
171,176,177,179,180
B,7,8,9,10 3 ,181

30,35,37,39,1144,61
B,3,10 3,8,31,43 3,763 85

8, 111,127,145
H,2A 35 679

Form
C,2,3,4,5,6,7,8 10 261 to 266 17,18,19

H,7,8 174,175 form 33

H,9,10 8 164(I,ii,xii)
 3 35

3,31 30(a),594

3 30(b)

3 30©
31 594
31-a 628-A

8 171

3 38

102 105 106 109

145,171
8,9,10,35 229,231,242,257,679

183

11 267

66to 73-a
C,9,10,11 3,31 41,595(g) Form 20
3 41 89

3, 42,
6 83

5 78
2 18
 5 78(1,3) 95,96
2 8(iv) 55

5 78(7)

5 79

5 79 (1)
5 79(2)

5 79-81

31 594

164 79

6 82

167
to171,176
C,1 6 84 ,177,207 81

Form
20,21,22,
9,10,11,12 6 84 37

6 84
H,5

27 523 to 525
B,14,18

6
8 85 to 87
27 129,131,133
26 523,524,525, 488

32 646

27 524

22 469

6 89,91

6 89,91
 6 90

6 90

6 90

6 90
6 90

6 90

6 90

6 90

6 91

H,1 6 92

B,6 7 96(1),225

7 96(2)

7 97

8 99
B,13 8 111,105,117,488 92to 94-a

8 129
8 151,162

179

174,175
D,2
840 364

10 252 to 260
 10 254(2)

10 254(3)

10 254(7)

10 255(1) 56,064,136

255 (2) 146,148,151,152

5 79

10 257

6 89
10 253

254,251,89,253,257,
H,6 6,8,10 113
10 253,254
10 253,254,255
10 254
10 253
10 256

11 267-288 2(iv) 8

D,1 11 282 401

11 285

H,11,11-A,12 12 289 63 to 68
 210 to
12,19 293,337 220,408
10(2)(d)
317
E-6, 450 146 to 174
460 146,225
29 559(10)
11 276

336

E,2

21 348,349

21 383

319

21 388 245

Form
54,55,56,
E-16,17,18,19,20 345 58
21 417
E,8 31 594(8) 10(2)©

148
154,157,2
22 313,328 450 44 17 (27)
149, Form
21,31 391,594(9) 39

6
 160
162,226,2
450 44, Form
E-15 31 595(h) 461 69

E,9,10,11,12,1
3,14 160
164
E,1,3 450 165
21 403(a) Form 66
21 403(a)

21 404 345 175 to 181

E,21,22 21 405
E,23,24 21 409 175,286

21 413
163

21 412
21 415

21 418
166
E,25,26 21 419 342
F,9 21 448 161
F,10 38 332 589 194

E,31,32,33,34 21 421 Form 61

248
E,27,28,29,30 21 431 249
 246
247
E,35 21 421 580 341
585

E,38
31 594(10)
243

21 422

21 422

21 433

21 435 343
310-A
E,39 21 442 478 Form 64

E,40,41 21 443

4 46 to 77
6 82,83

12 302

13 303
 14 305

14 305

14 306

14 307

14 308
57 to 61

2 8 17(22)

12 301

12 289 to292

12 289 to292 182-186

12 302

D,3,3A,4,5,5A, 849
6,7,7A,7B,7C, 852
7F,9,10,11 854
6,8,9,10 89113234250251
190 to 20996 to 110

26 506

26 509
26 511

26 514

26 515

10 250

17 323

17 328-A
329
 330

332

19 337

876 to 909 2(i,ii,iii)

G,1
877
879

G,2,3
G,4,H,14
G,5,6

G,7

G,8 907 7(18)

908
G,9

2(i),4(xiv)
22 465,466,468 10(2)©

7(6)
(2),17(8)
(iv)

Article 121

H,3 164

174,175 206
 Article 114
2(i) to 117

22 451(1)

22 451(2)

22 451(3)

22 451(4)

22 452

Article 114
22 453 to 117

22 454

22 458

22 458
22 465
 22 465

22 465

26 516
26 519
26 522

26 524

31 594(6)

26 526
26 528

4(23 i)

Form No 5
4(23iii) Appendix H
G,14
2(v)(b)
 74, 13119
221to 227 Form 35

B,4
B,4-A 73

196-205
Form
F,2 307 72,73

F,1
F,3,4,5,6,7 308 197

147 187-193

147

F,8

28
28 546 to 556
28 557 to 558-A

29 559
30 562
31
 909 to 923 23-A

G,12 23-A (1)(i)

14
(Schedule
A VI)

32 629
32 631
32 633,634
32 636

32 639
35 668 to 697

36 698 to 702
37
38

39
40
41
42
43
APPENDIX A PLEADINGS
1. Titles of Suits
2. Description of Parties in Particular Cases
3. Plaints
Money Lent
Money Overpaid
Goods Sold at a Fixed Price and Delivered
Goods Sold at a Reasonable Price and Delivered

Goods Made at Dependent’s Request, and not Accepted

Deficiency Upon a Re-sale Goods Sold at Auction

Services at a Reasonable Rate
Services and Materials at a Reasonable Cost
Use and Occupation
On an Award
On a Foreign Judgment
Against Surety for Payment of Rent
Breach of Agreement to Purchase Land
Not Delivering Goods Sold
Wrongful Dismissal
Breach of Contract to Serve
Against a Builder for Defective Workmanship
On a Bond for the Fidelity of a Clerk
By Tenant against Landlord, with Special Damage
On an Agreement of Indemnity
Procuring Property by Fraud

Fraudulently Procuring Credit to be given to another Person

Polluting the Water under the Plaintiff’s Land

Carrying on a Noxious Manufacture
Obstructing a Right of Way
Obstructing a Highway
Diverting a Water-course
Obstructing a Right to Use Water for Irrigation
Injuries Caused by Negligence on a Railroad
Injuries Caused by Negligent Driving
 For Malicious Prosecution
Movables Wrongfully Detained
Against a Fraudulent Purchaser and his Transferee with
Notice
Rescission of a Contract on the Ground of Mistake
An Injunction Restraining Waste
Injunction Restraining Nuisance
Public Nuisance
Injunction against the Diversion of a Water-course
Restoration of Movable Property Threatened with
Destruction and for an Injuction
Interpleader
Administration by Creditor on Behalf of Himself and all
Other Creditors
Administration by Specific Legatee
Administration by Pecuniary Legatee
Execution of Trusts
Foreclosure or Sale
Redemption
Specific Performance (No. 1)
Specific Performance (No. 2)
Partnership
4. Written Statements
General Defences-
Denial
Limitation
Jurisdiction
Insolvency
Minority
Payment into Court
Performance remitted
Rescission
Res judicata
Estoppel
Ground of defence subsequent to institution of suit-
1. Defence in Suits for Goods Sold and Delivered
 2. Defence in Suits on Bonds
3. Defence In Suits On Guarantees
4. Defence In Any Suit For Debt
5. Defence In Suits For Injuries Caused By Negligent
Driving
6. Defence In All Suits For Wrongs
7. Defence In Suits For Detention Of Goods
8. Defence In Suits For Infringement Of Copyright
9. Defence In Suits For Infringement Of Trade Mark
10. Defence In Suits Relating To Nuisances
11. Defence To Suit For Foreclosure
12. Defence To Suit For Redemption
13. Defence To Suit For Specific Performance

14. Defence In Administration Suit By Pecuniary Legatee

15. Probate Of Will In Solemn

16. Particulars (Order 6, Rule 5)

APPENDIX B PROCESS
1. Summons For Disposal Of Suit (Order 5, Rules 1, 5)

2. Summons For Settlement Of Issues (Order 5, Rules 1, 5)

3. Summons To Appear In Person (Order 5, Rule 3)

4. Summons in a Summary Suit (Order 37, Rule 2)
4A. Summons for Judgement in a Summary Suit (Order 37,
Rule 3)
5. Notice to Person who, the Court Considers, should be
added as Co-Plaintiff (Order 1, Rule 10)
6. Summons to Legal Representative of a Deceased
Defendant (Order 22, Rule 4)
7. Order for Transmission of Summons for Service in the
Jurisdiction of another Court (Order 5, Rule 21)
8. Order for Transmission of Summons to be Served on a
Prisoner (Order 5, Rule 25)
9. Order for Transmission of Summons to be Served on a
Public Servant or Soldier (Order 5, Rules 27, 28)
 10. To Accompany Returns of Summons of Another Court
(Order 5, Rule 23)
11. Affidavit Of Process-service To Accompany Return Of A
Summons Or Notice (Order 5, Rule 18)
12. Notice To Defendant (Order 9, Rule 6)
13. Summons To Witness (Order 16, Rules 1, 5)
14. Proclamation Requiring Attendance Of Witness (Order
16, Rule 10)
15. Proclamation Requiring Attendance Of Witness (Order
16, Rule 10)
16. Warrant Of Attachment Of Property Of Witness (Order
16, Rule 10)
17. Warrant Of Arrest Of Witness (Order 16, Rule 10)
18. Warrant Of Committal (Order 16, Rule 16)
19. Warrant Of Committal (Order 16, Rule 18)

APPENDIX C Discovery, Inspection and Admission

1. Order for Delivery of Interrogatories (Order 11, Rule 1)

2. Interrogatories (Order 11, Rule 4)

3. Answer To Interrogatories (Order 11, Rule 9)

4. Order for Affidavit as to Documents (Order 11, Rule 12)

5. Affidavit as to Documents (Order 11, Rule 13)

6. Order to Produce Documents for Inspection (Order 11,
Rule 14)
7. Notice to Produce Documents (Order 11, Rule 16)
8. Notice to Inspect Documents (Order 11, Rule 17)
9. Notice to Admit Documents (Order 12, Rule 3)
10. Notice to Admit Facts (Order 12, Rule 5)

11. Admission of Facts Pursuant to Notice (Order 12, Rule 5)

12. Notice to Produce (General Form) (Order 12, Rule 8)

APPENDIX D DECREE
1. Decree in Original Suit (Order 20, Rules 6, 7)
2. Simple Money Decree (Section 34)
3. Preliminary Decree for Foreclosure (Order 34, Rule 2 –
Where accounts are directed to be taken)
3A. Preliminary Decree for Foreclosure (Order 34, Rule 2 –
Where the Court declares the amount due)
4. Final Decree for Foreclosusre (Order 34, Rule 3)
5. Preliminary Decree for Sale (Order 34, Rule 4 – Where
accounts are directed to be taken)
5A. Preliminary Decree for Sale (Order 34, Rule 4 – When
the Court declares the amount due)
6. Final Decree for Sale (Order 34, Rule 5)

7. Preliminary Decree for Redemption where on Default of

Payment by Mortgagor a Decree for Foreclosure is Passed
(Order 34, Rule 7 – Where accounts are directed to be taken)

7A. Preliminary Decree for Redemption where on Default of

Payment by Mortgagor a Decree for Sale is Passed (Order
34, Rule 7 – Where accounts are directed to be taken)

7B. Preliminary Decree for Redemption where on Default of

Payment by Mortgagor a Decree for Foreclosure is Passed
(Order 34, Rule 7 – Where the Court declares the amount
due)

7C. Preliminary Decree for Redemption where on Default of

Payment by Mortgagor a Decree for Sale is Passed (Order
34, rule 7 – Where the Court declares the amount due)

7D. Final Decree for Foreclosure in a Redemption Suit on

Default of Payment by Mortgagor (Order 34, Rule 8)
7E. Final Decree for Sale in a Redemption on Suit on Default
of Payment by Mortgagor (Order 34, Rule 8)
7F. Final Decree in a Suit for Foreclosure, Sale or
Redemption where the Mortgagor Pays the Amount of the
Decree (Order 34, Rules 3, 5, 8)
 8. Decree against Mortgagor Personally for Balance after the
Sale of the Mortgaged Property (Order 34, Rules 6, 8A)

9. Preliminary Decree for Foreclousre of Sale – Plaintiff 1st

Mortgagee, vs. Defendant No. 1 Mortgagor, Defendant No. 2
2nd Mortgagee. (Order 34, Rules 2, 4)

10. Preliminary Decree for Redemption of Prior Mortgage

and Foreclosure of Sale on Subsequent Mortgage – Plaintiff
1st Mortgagee, vs Defendant No. 1 Mortgagor, Defendant
No. 2 2nd Mortgagee. (Order 34, rules 2, 4 and 7)

11. Preliminary Decree for Sale – Plaintiff Sub or Derivative

mortgagee vs. Defendant No. 1 Mortgagor, Defendant No. 2
Original Mortgagee. (Order 34, Rule 4)
12. Decree for Rectification of Instrument

13. Decree to Set Aside a Transfer in Fraud of Creditors

14. Injunction Against Private Nuisance

15. Injunction against Building Higher than Old Level
16. Injunction Restraining Use of Private Road
17. Preliminary Decree in an Administration-Suit
18. Final Decree in an Administration-Suit by a Legatee
19. Preliminary Decree in an Administration-Suit by a
Legatee, where an Executor is held Personally Liable for the
Payment of Legacies

20. Final Decree in an Administration-Suit by Next-of-Kin

21. Preliminary Decree in a Suit for Dissolution of

Partnership and the Taking of Partnership Accounts
22. Final Decree in a Suit for Dissolution of Partnership and
the Taking of Partnership Accounts
23. Decree for Recovery of Land and Mesne Profit

APPENDIX E Execution
1. Notice to Show Cause Why a Payment or Adjustment
should not be Recorded as Certified (Order 21, Rule 2)

2. Precept (Section 46)

3. Order Sending Decree for Execution to another Court
(Order 21, Rule 6)
4. Certificate of Non-Satisfaction of Decree (Order 21, Rule
6)
5. Certificate of Execution of Decree Transferred to Another
Court (Order 21, Rule 6)

6. Application for Execution of Decree (Order 21, Rule 11)

7. Notice to Show Cause Why Execution should not Issue

(Order 21, Rule 16)
8. Warrant of Attachment for Movable Property in Execution
of a Decree for Money (Order 21, Rule 30)
9. Warrant for Seizure of Specific Movable Property
Adjudged by Decree (Order 21, Rule 31)
10. Notice to State Objection to Draft of Document (Order
21, Rule 34)
11. Warrant to the Belief to Give Possession of Land, etc.
(Order 21, Rule 35)
12. Notice to Show Cause Why Warrant of Arrest should not
Issue (Order 21, Rule 37)
13. Warrant of Arrest in Execution (Order 21, Rule 38)
14. Warrant of Commital of Judgment-Debtor to Jail (Order
21, Rule 40)
15. Order for the Release of a Person Imprisoned in
Execution of a Decree (Sections 58, 59)
16. Attachment in Execution Prohibitory Order, where the
Property to be Attached Consists of Movable Property to
which the Defendant is Entitled Subject to a lien or Right of
some other Person to the Immediate Possession thereof
(Order 21, Rule 46)
16A. Affidavit of Assets to be made by a Judgment-debtor
(Order 21, Rule 41(2))
17. Attachment in Execution Prohibitory Order, where the
Property Consists of Debts not Secured by Negotiable
Instruments (Order 21, Rule 46)
18. Attachment in Execution Prohibitory Order, where the
Property Consists of Shares in the Capital of a Corporation
(Order 21, Rule 46)

19. Order to Attach Salary of Public Officer or Servant of

Railway Company or Local Authority (Order 21, Rule 48)

20. Order of Attachment of Negotiable Instrument (Order 21,

Rule 51)
21. Attachment Prohibitory Order, where the Property
Consists of Money or of any Security in the Custody of a
Court of Justice of Public Officer (Order 21, Rule 52)
22. Notice of Attachment of a Decree to the Court which
Passed it (Order 21, Rule 52)
23. Notice of Attachment of a Decree to the Holder of the
Decree (Order 21, Rule 53)
24. Attachment in Execution Prohibitory Order, Where the
Property Consists of Immovable Property (Order 21, Rule
54)
25. Order for Payment to the Plaintiff, etc., of Money, etc., in
the Hands of a Third Party (Order 21, Rule 56)
26. Notice to Attaching Creditor (Order 21, Rule 58)
27. Warrant of Sale of Property in Execution of a Decree for
Money (Order 21, Rule 66)
28. Notice of the Day Fixed for Setting a Sale Proclamation
(Order 21, Rule 66)
29. Proclamation of Sale (Order 21, Rule 66)
30. Order on the Nazir for Causing Service of Proclamation
of Sale (Order 21, Rule 66)
31. Certificate by Officer Holding a Sale of the Deficiency of
Price on a Re-sale of Property by Reason of the Purchaser’s
Default (Order 21, Rule 71)
32. Notice to Person in Possession of Movable Property Sold
in Execution (Order 21, Rule 79)
 33. Prohibitory Order against Payment of Debts Sold in
Execution to any Other than the Purchaser (Order 21, Rule
79)
34. Prohibitory Order against the Transfer of Share Sold in
Execution (Order 21, Rule 79)
35. Certificate to Judgment-debtor Authorising him to
Mortgage Lease or Sell Property (Order 21, Rule 83)
36. Notice to Show Cause Why Sale should not be Set Aside
(Order 21, Rules 90, 92)
37. Notice to Show Cause Why Sale should not be Set Aside
(Order 21, Rules 91, 92)
38. Certificate of Sale of Land (Order 21, Rule 94)
39. Order for Delivery to Certified Purchaser of Land at a
Sale in Execution (Order 21, Rule 95)
40. Summons to Appear and Answer Charge of Obstructing
Execution of Decree (Order 21, Rule 97)
41. Warrant of Committal (Order 21, Rule 98)
42. Authority of the Collector to Stay Public Sale of Land
(Section 72)
APPENDIX F Suuplemental Proceedings

1. Warrant of Arrest before Judgment (Order 38, Rule 1)

2. Security for Appearance of a Defendant Arrested before

Judgment (Order 38, Rule 2)
3. Summons to Defendant to Appear on Surety’s Application
For Discharge (Order 38, Rule 3)
4. Order For Committal (Order 38, Rule 4)
5. Attachment before Judgment, with Order to Call for
Security for Fulfilment of Decree (Order 38, Rule 5)

6. Security for the Production of Property (Order 38, Rule 5)

7. Attachment before Judgment, on Proof of Failure to

Furnish Security (Order 38, Rule 6)
8. Temporary Injunctions (Order 39, Rule 1)
9. Appointment of a Receiver (Order 40, Rule 1)
10. Bond to be Given by Receiver (Order 40, Rule 3)
APPENDIX G Appeal, Reference and Review
1. Memorandum of Appeal (Order 41, Rule 1)
2. Security Bond to be Given on Order Being Made to Stay
Execution of Decree (Order 41, Rule 5)
3. Security Bond to be Given During the Pendency of Appeal
(Order 41, Rule 6)
4. Security for Costs of Appeal (Order 41, Rule 10)
5. Intimation to Lower Court of Admission of Appeal (Order
41, Rule 13)
6. Notice to Respondent of the Day Fixed for the Hearing of
the Appeal (Order 41, Rule 14)

7. Notice to a Party to a Suit not made a Party to the Appeal

but Joined by the Court as a Respondent (Order 41, Rule 20)

8. Memorandum of Cross Objection (Order 41, Rule 22)

9. Decree in Appeal (Order 41, Rule 35)

10. Application to Appeal in BIforma pauperis (Order 44,
Rule 1)

11. Notice of Appeal In BIforma pauperis (Order 44, Rule 1)

12. Notice to Show Cause why a Certificate of Appeal to the

Supreme Court should not be Granted (Order 43, Rule 3)

13. Notice to Respondent of Admission of Appeal to the

Supreme Court (Order 45, Rule 8)
14. Notice to Show Cause Why a Review should not be
Granted (Order 47, Rule 4)

APPENDIX H Miscellaneous
1. Agreement of Parties as to Issues to be Tried (Order 14,
Rule 6)
2. Notice of Application for the Transfer of a Suit to Another
Court for Trial (Section 24)
2A. List of Witnesses Proposed to be Called by
Plaintiff/Defendant (Order 16, Rule 1)
3. Notice of Payment into Court (Order 24, Rule 2)
4. Notice to Show Cause (General Form)
5. List of Documents Produced by Plaintiff/Defendant (Order
13, Rule 1)

6. Notice to Parties of the Day Fixed for Examination of a

Witness about to Leave the Jurisdiction (Order 18, Rule 16)

7. Commission to Examine Absent Witness (Order 26, Rules

4, 18)
8. Letter of Request (Order 26, Rule 5)
9. Commission for a Local Investigation, or to Examine
Accounts (Order 26, Rules 9, 11)

10. Commission to Make a Partition (Order 26, Rule 13)

11. Notice to Certificated, Natural, or, De-facto Guardian

(Order 32, Rule 3)
11A. Notice to Minor Defendant (Order 32, Rule 3)
12. Notice to Opposite Party of Day Fixed for Hearing
Evidence of Pauperism (Order 33, Rule 6)
13. Notice to Surety of his Liability Under a Decree (Section
145)
14. Register of Appeals (Order 41, Rule 9)
 Bombay High Court (Appellate Side Rules)
Sr. No. Sr.No Particulars Part Chapter Rule
CONDUCT OF BUSINESS
JURISDICTION OF SINGLE JUDGES AND BENCHES OF
HIGH COURT
Jurisdiction ordinarily excercised by Division Court of
Two Judges 1 1 1
Matter disposed by Single Judge 1 1 2
POWER OF THE REGISTRAR,DEPUTY REGISTRAR AND
ASSISTANT REGISTRAR 1 2 1
Rejection or return for ammendment of memorandum
of Registrar 1 2 2
Disposal of Matters by Registrar 1 2 3
POWERS AND DUTY OF REGISTRAR 1 2 4
Registrar not to extend time or execuse delay
exceeding one month 1 2 5
Delegation of Powers to Additional Registrar,Deputy
Registrar,Assistant Registrar 1 2 6
Revision of Orders of Additional Registrar,Deputy
Registrar,Assistant Registrar 1 2 7

Powers under Section 152 of Civil Procedure Code 1 2 8

What officer can administer Oaths 1 2 9
Rules applicable to all applications other than
memorandum of appeals 1 2 10
Registrar includes Additional Registrar,Deputy
Registrar,Assistant Registrar 1 2 12
PROCEDURE AND PRACTICE 2
AFFIDAVITS 2 3
Entitling of Affidavits 2 3 1
Entitling of Affidavits relating to proceeding pending in
High Court 2 3 2
Entitling of Affidavits in respect of cause not in High
Court 2 3 3
Statement of Facts to be divided into paragraphs and
numbered 2 3 4

Affirmation by declarant from knowledge and belief 2 3 5

Affirmation below petition sufficent compliance 2 3 6
Language if not known document be interpreted by
Translation Department 2 3 7
Indentity of Declarant 2 3 8
Oath to be administered under Oaths Act 2 3 9

Solemn Declaration by Party making the Affidavit 2 3 10

Deputation of Officer for Oaths and Affirmations 2 3 11
PRESENTATION OF APPEALS AND APPLICATIONS 2 4
Institution of Proceedings 2 4 1
Presentation of Proceedings by Party in Person 2 4 2

Language of proceedings presented by Party in Person 2 4 3

Presentation of Proceedings by Advocates 2 4 4

Language of proceedings presented by Party in Person 2 4 5

Advocate appearance prior to filing of Vakaltnama 2 4 6

Ratification of acceptance of Vakaltnama by the

concerned advocate when endorsement is made by
another 2 4 7(i)
Subsequent change in Advocate Address to be notified
to office 2 4 7(ii)

Consent of Advocate on record necessary before

another advocate files appearance and (where consent
is not necessary) and (court may dispense with such
consent) 2 4 8
Office to raise objection of Limitation where necessary
copies are not filed within limitation 2 4 9

Statement showing matter is within limitation to

accompany matter and matter beyond limitation to be
accompanied by Application for condonation of delay 2 4 10

Registrar to be moved within seven days by a note

against refusal to accept on ground of limitation and
court to be moved within seven days by note against
registrar's order 2 4 11

Accompaniments to Memorandum of Appeal and

Accompaniments to Memorandum of Appeal in Appals
from Appellate Decrees 2 4 12
Accompaniments in Appeal from Orders 7(2) 2 4 14
Additional copies to be filed in Appeals 2 4 12
Value of claim to be shown in Memorandum at the
time of filing 2 4 16
Full court fee to be paid or deposited at the time of
presentation of matter 2 4 17

Difference in court fee paid in this cour and in lower

court to be explained by foot note at time of
presentation of matter 2 4 18
Accompaniments in Civil Revision Applications 2 4 19(i)
Accompaniments in Case of Appellate Decrees or
Orders sought to be revised 2 4 19(ii)
Where accompaniments are lacking,the application to
accompanied by Affidavit 2 4 19(iii)
English Translation of accompaniment 2 4 19(iii-a)

Office not to accept matters not in confirmity with rule 2 4 19(iv)

Accompaniments in revision Application against
interlocutory Order 2 4 20
Facts set out in decree order or judgement sought to
revised to be supported by an affidavit 2 4 21
Limitation for revision under Letters Patent etc(90
days) 2 4 22(i)
Court may condone delay for sufficent cause 2 4 22(ii)
Accompaniments to application for review 2 4 23(i)

When an application for review proceeds on ground of

fresh matter or evidence,the documents if any relied
upon shall be annexed to application 2 4 23(ii)
Certificate of Advocate for ground of review 2 4 23(iii)
Fresh Vakaltnama not necessary but statement to that
effect to be filed 2 4 23(iv)
When Civil Application should be supported by
Affidavit 2 4 24(i)
Special provision in Civil Revision Application 2 4 24(ii)
Registrar power to dispense with affidavit 2 4 24(iii)

Where affidavit is not filed in time the matter to be

immediately placed before registrar for Orders 2 4 24(iv)

Registrar's power to dispense with copies already on

record of High Court and in execution of Appeals 2 4 25
How memoranda of Appeals, copies etc should be
typed 2 4 26
Powers of the Office to reject papers not properly
typed or not in confirmity with rules 2 4 27

Party in person to supply address and postage if

desiring information regarding his matter by post 2 4 28

Advocated not normally practising in High Court to

leave written instructions and supply necessary
postage if desiring information regarding matters by
post 2 4 29

Advocate to include attorney unless otherwise required 2 4 30

Registrar power to accept matter not compying with
rules and to grant time for such compliance 2 4 31
Caveat Rules 2 4 32
NORMS FOR PRESENTATION AND CONDUCT OF
PROCEEDINGS IN PERSON BY PARTIES 2 4A
PROCEDURE AFTER PRESENTATION, REMOVAL OF
OFFICE OBJECTIONS,ETC 2 5
Cancellation of Stamps 2 5 1
When enquiry need not be made regarding difference
in court fee paid 2 5 2
Procedure for and the manner of examining matters
filed (court fees) 2 5 3(i)
Manner of notfying office objections 2 5 3(ii)
Period within which office objections should be
removed 2 5 3(iii)

Special provision for party appearing party in person 2 5 3(iv)

Manner of dealing with office objections relating to
claim and court fee 2 5 4(i)
Dispute regarding claim or court fee to be referred to
Taxing Officer 2 5 4(ii)
Taxing Officer to decide dispute within 14 days 2 5 4(iii)
Procedure when the decision of the Taxing Officer is
accepted 2 5 4(iv)
Procedure when the decision of the Taxing Officer is
disputed 2 5 4(v)

Registrar to refuse registration if claim is not amended

or defecit court fee is not made good within time
allowed 2 5 4(vi)

All other objections to be removed within time

prescribed though dispute regarding court fee is not
finally decided 2 5 4(vii)
Registrar to refuse registration if objections are not
removed within time allowed 2 5 5
Registrar power to condone delay and order
registration 2 5
Procedure for revision of Registrar order refusing
registration 2 5 6
Registration of matters 2 5 7
Registration of matters under Special Acts (Indian
Succession Act,Guardian and Wards Act) 2 5 8

Papers to be returned when registration is refused 2 5 9

Kind of Register to be maintained 2 5 10

Special procedure where matters are required to be

placed before court before removal of Objection 2 5 11
Where certified copies are not supplied within ten
days, explanation to be called from lower court 2 5 12
Refund of Court Fees 2 5 13
APPEALS INDER CLAUSE 15 OF LETTERS PATENT 2 6
Accompaniments of Appeal 2 6 2

Appeal to placed before Division Bench for Admission 2 6 3

No Fresh Vakaltnama where advocate appeared in
General Proceeding 2 6 4

PROCESS,PROCESS FEES,PRINTING,CHARGES,
SECURITY COSTAND OTHER PROCEDURE AFTER
ADMISSION 2 7
Taxing of Process Fees and printing charges 2 7 1
Supply of copies of memorandum of
appeal,petition,etc 2 7 2

Matter to be dismissed for non-prosecution in case of

default of payment of process fees and failure to
supply copies 2 7 2(iii)
Stay Order not to be communicated unless process
fees are paid and copy is supplied 2 7 2(iv)
Affected party may move Court for discharge of stay
Order after notice to Other Party. 2 7 2(v)

Date of hearing in Notice to respondent or opponent 2 7 3

Service of notice on respondents residing in Greater
Bombay 2 7 4
Procedure when notices are returned unserved or
served by affixing 2 7 6
List of notices returned unserved and served by affixing
to be published 2 7 6(1) (a)
Contents of the List 2 7 6(1) (b)
Publication of List to be sufficent notice 2 7 6(1) (c)
Procedure where notice is returned unserved or is
served by affixing 2 7 6(1) (d)
Dissmissal for failure to prosecute 2 7 6(1)€

Procedure where party is reported to be dead and no

action is taken within time to bring heirs on record 2 7 6(2)

Matters may be brought on for hearing though

respondents are not served and heirs are not brought
on record if appellant so desires 2 7 7
Kind of Application which should bear process fee in
addition to the prescribed court fee 2 7 8
Refund Certificate in respect of unutilised or excess
stamps 2 7 9
Printing
Where paper-booksshould b printed and contents of
paper book 2 7 10(i)
Where printing shall be dispensed with 2 7 10(ii)
Appellant to supply copies of typed paper book and
title sheet where printing is dispensed with 2 7 10(iii)
Court may order respondent to furnish copies of paper
book and title sheet 2 7 10(iv)
Opposite party to be supplied with copy of paper book
by the party concerned 2 7 10(v)

Matter to be dismissed for non-prosecution where

copies of paper-book etc. are not filed within time 2 7 10(vI)
Registrar’s powers to excuse delay in filing copies of
paper-book etc. 2 7
Cost of printing and payment thereo 2 7 11(i)

Matter to be dismissed for non-prosecution where

costs of printing are not paid within time. 2 7 11(ii)

Registrar’s powers to excuse delay in cost of printing 2 7

Excess of unutilised amount of costs of printing to

be refunded. 2 7 11(iii)
Costs of printing paid to be entered in the bill of
costs. 2 7 11(iv)
Supply of copies of printed paper-book free and for
payment. 2 7 11(v)
Procedure where additional copies of paper-book are
required.— 2 7 11(vi)
Parties supplying paper-books, entitled to costs where
printing be dispensed with 2 7 12
Supply of additional paper-books on reference to a
larger Bench. 2 7 13
Supply by applicants of copies of formal applications to
opposite parties. 2 7 14

Supply of copies of affidavits and counter affidavits for

use of Court and service thereof on opposite parties. 2 7 15
Security for costs to be deposited with the Nazir. 2 7 16
Rules regarding security for costs deposited with the
Nazir. 2 7 17
Service of cross-objections on the appellant or
corespondents.— 2 7 18
Notification of Findings on issues 2 7 19
Notice of restoration to file, when rule nisi made
absolute ex parte. 2 7 20
Writ calling for Record and Proceedings and
notification of their receipt. 2 7 21
Supply of copy of interlocutory application of affidavit
for use of opposite party 2 7 22
Procedure for revision of Registrar's order of dismissal
for failure to prosecute. 2 7 23
SEARCH AND COPIES
Contents of search application. 2 8 1
Search in presence of officer and hours of search 2 8 2
Application for search by third party to be supported
by affidavit. 2 8 3
Assistant Registrar to deal with search applications 2 8 4
Applications for supply of documents for copies 2 8 5

PREPARATION OF PAPER BOOKS AND TRANSLATIONS 2 9

Contents and Arrangement of Paper Books in First
Appeal. 2 9 1
Content and Arrangement of Paper books in Second
Appeals 2 9 2

Court may dispense with inclusion of certain

documents in paper books of First and Second Appeals 2 9 3
Paper books in Proceedings other than regular First and
Second Appeals 2 9 4
Translations and copies of English documents required
to be furnished by parties 2 9 5

Filing of notes for official translation or lists of

documents proposed to be privately translated or
copied for paper books and supply of such notes or lists
to opposite parties. (Within 2 months) 2 9 6

Parties to state clearly exhibit numbers of documents

to be translated officially or portion thereof; and
Deposit of estimated translation charges 2 9 7

Rules of translation charges; Official translations by

Translators' Department or Special Translators;
Payment of Translation charges. 2 9 8
Time for filing private translations; Supply of copies for
use of Court and to opposite parties. 2 9 9
Filing of copies of English documents and supply of the
same to opposite parties 2 9 10

Copies of map or plan to be supplied for translation 2 9 11

Procedure etc. for preparation of Paper Books in the
High Court. 2 9 12
WARNED LIST, WEEKLY AND DAILY BOARDS
Chief Justice to nominate Judges in charge of classes
proceedings 2 10 1
Warned Lists and Arrears Lists 2 10 2

Preparation of Warned and arrears Lists at close of

summer vacation and their maintenance during the
year. 2 10 3
Preparation of Weekly and Daily Boards 2 10 4
Priority of certain proceedings on Daily Boards. 2 10 5

Matters referred to Division Bench to be placed on

Board of Division Bench hearing criminal and First
Appeals. 2 10 6
Adjournment in respect of matter on Weekly or Daily
Boards. 2 10 7
Chief Justice may make any changes in Weekly and
Daily Boards. 2 10 8

When and for what period Deputy Registrar may order

not to place on Daily Board matters from Weekly
Boards. 2 10 9
No adjournment of matter on Daily Board without
Court's order 2 10 10
Procedure for making motion other than for
postponement of case on Daily Board. - 2 10 11
Position of adjourned matters on Daily and Weekly
Boards 2 10 12

Cases on Warned List to be marked with a date before

which they are not to be placed on Daily Board 2 10 13

Notification of matters granted ex parte by Registrar. 2 10 14

Rule under Advocates Act to apply for non-attendance
of Advocates. 2 10 15
Entrustment to another advocate. 2 10 16
Withdrawal of appearance 2 10 17
Intimation of case being brought on Board to be given
to a party not represented by Advocates. 2 10 18
JUDGMENT AND DECREE 2 11
When judgment to be taken as ready 2 11 1
Procedure when Advocate wishes to keep judgment
before the Court for speaking to minutes. 2 11 2
Procedure for preparation of decrees 2 11 3

Objections to draft decretal order and bill of costs 2 11 4

Date on decree 2 11 5
Supply of Stamp paper for decree which is required to
be engrossed on such paper. 2 11 6
PROCEDURE IN CASES OF DEFAULT 2 12
Registrar’s power to dismiss for default 2 12 1
Procedure for revision of Registrar's order of dismissal
for default. 2 12 2
CERTIFIED COPIES
Contents of application for certified copies 2 13 1

Every application for a certified copy shall bear the

prescribed Court-fee stamp and shall state whether the
copy is required for private use or otherwise. 2 13 1(i)

Application for certified copies for purposes other than

private use shall be accompanied by the requisite
court-fee stamp 2 13 1(ii)

Application for certified copies of documents liable to

stamp duty under Article 26 of Schedule 1 of the
Bombay Stamp Act, 1958, 2 13 1(iii)
Deposit to be made along with application 2 13 2

Parties to proceedings entitled to copies, Application

by third Parties to be accompanied by affidavits. 2 13 3
When additional deposits for copies to be made 2 13 4
Ordinary copies to be furnished within ten, and urgent
copies within five working days. 2 13 5
Supply of typed copies of judgments required to be
sent to the Press for printing 2 13 6
Private copies may be certified as true copies 2 13 7

Notwithstanding anything contained in the preceding

rules of this ChapterNotwithstanding anything
contained in the preceding rules of this Chapter 2 13 8

Supply of copies of documents etc. free of costs to the

High Court or District Court Legal Aid Committee and
the Supreme Court Legal Aid Committee. 2 13 9
Where certified copy is applied for by State
Government or any Officer of the Government of
Maharashtra (or Government of Goa) on behalf of
State, the Certified Copy shall be furnished free of
cost.] 2 13 10
COSTS, FEES AND RULES FOR COMPUTING ADVOCATES
FEES 2 14
Advocate's fee to be taxed in bill of costs ( Schedule
"A" ) 2 14 1

When fee of two Advocates allowed in bill of costs

(amount or value of the subject-matter
exceeds Rs.10,000) 2 14 2
Double set of Advocate's fees not to apply to pauper
appeals 2 14 3
Advocate's fee when no specific orders as to the
amount of cost made by Court. 2 14 4

Process fees to be charged on the Appellate Side of the

High Court.
2 14 5

Advocate's fee in cases decided on merits

If the amount or value of the subject-matter in dispute
does not exceed Rs.2,000 at 7 '/2 percent. If such
amount or value exceeds Rs.2,000 but does not exceed
Rs.5,000; on Rs.2.000 as above and on the remainder
at 5 per cent. If such amount or value exceeds
Rs.5,000, but does not exceed Rs.10,000, on Rs.5,000
as above and on the remainder at 2 per cent. If such
amount or value exceeds Rs.10,000, but does not
exceed Rs.20,000, on Rs.10,000 as above and on the
remainder at I percent. If such amount or value
exceeds Rs.20,000, on Rs.20,000 as above and on the
remainder at 1/2 per cent. 2 14

Advocate's fee in Appeals from Orders

Advocated fee in applications and other
proceedings.
Advocate's fee in all other cases
Advocate's fee shall be taken to be the
remuneration for Advocate's services. 2 14
Advocate's fee in execution proceedings or in
appeals in execution proceedings. 2 14

Advocate's fee in applications under Article 226 or

Article 227 of the Constitution. 2 14
Advocate's fee in certain cases In
any
reference made to the High Court under section 113 of
the Code of
Civil Procedure, V of l908.
(b) In any application to the High Court under section
23 of
the Provincial Small Cause Courts Act, IX of 1887.
(c) In any application to the High Court under section
25 of
the Provincial Small Cause Courts Act, IX of 1887.
(d) In any application for the exercise of the High
Court's
revisional jurisdiction in civil matters
(e) In all applications or appeals under:—
(1) the Guardians and Wards Act, VIII of 1890,
(2) Part X of the Indian Succession Act, XXXIX of 1925,
(3) Part VII of the Indian Succession Act, XXXIX, of 1925,
(4) the Indian Trust Act, II of 1882,
(5) the Provincial Insolvency Act, V of l920.
(6) any other special or local Act,
a sum of Rs.60 shall be allowed as the Advocate's fee. 2 14
DESTRUCTION OF RECORDS 2 15

Unless otherwise ordered by the Court, all original

documents including translations and copies of
judgments, decrees, orders and other
papers, which are not required to be preserved, shall
be returned to the party producing them after the
expiry of the period for filing an appeal or if an appeal
is filed, after the disposal of the appeal. 2 15 1

(i) The papers which are required to be preserved

permanently shall be marked "A" and kept in File "A (ii)
The papers which are required to be preserved for 30
years shall be marked "B" and kept in File "B" (iii) The
papers which are required to be preserved for 5 years
shall be marked "C" and kept in File "C" (iv) The papers
which are required to be preserved for I year shall be
marked "D" and kept in File "D". 2 15 2
Papers to be preserved permanently. 2 15 3(i)
Papers to be preserved for 30 years 2 15 3(ii)
Papers to be preserved for 5 years 2 15 3(iii)
Papers to be preserved for one year 2 15 3(iv)

Computation of period for the preservation of Record. 2 15 4

4-A. A Board file shall be preserved for three years

from the date of the last board in that file.
4-B. The outward register, the inward register and the
stamp register shall be preserved for five years from
the date of the last entry in that register 2 15

All files pertaining to any particular case shall be kept in

one bundle bearing the number of the proceedings.
Each File shall be accompanied by list of the papers
Filed therein. 2 15 5
Register of cases of which the records are to be
destroyed to be maintained in the Record Room 2 15 6
Destruction of records to be carried out in the Summer
vacation 2 15 7

REFERENCES FROM THE BOMBAY COURT OF SMALL

CAUSES AND
UNDER SECTTON 113
AND ORDER XLVI OF THE CIVIL PROCEDURE CODE 2 16
Cases to be forwarded to Registrar. 2 16 1
Number and Title to be entered in Register 2 16 2
Date appointed for hearing to be notified 2 16 3

Copy of Judgment to be sent to Small Cause Court. 2 16 4

PETITIONS UNDER ARTICLES 226 AND 227 AND

APPLICATIONS UNDER ARTICLE 228 OF THE
CONSTITUTION AND RULES FOR THE ISSUE OF WRITS
AND ORDERS UNDER THE SAID ARTICLES 2 17
Applications for issue of writs, directions, etc. under
Article 226 of the Constitution. 2 17 1(i)

Applicant to inform Court, if, during pendency of an

application, the Supreme Court has been approached 2 17 1(ii)
Hearing may be adjourned pending decision by
Supreme Court 2 17 1(iii)
Accompaniments to the application. 2 17 2(i)
Translations 2 17 2(ii)
Accompaniments to applications against orders of
Revenue Tribunal. 2 17 2(iii)
Accompaniments to applications against orders of
Election Tribunal. 2 17 2(iv)
Notwithstanding anything contained in any other rule 2 17 3
Examination of applications 2 17 3(i)
Manner of notifying office objections. 2 17 3(ii)
Period within which office objections should be
removed. 2 17 3(iii)
Registrar's powers to excuse delay in removing office
objections. 2 17
Special provision for party appearing in person 2 17 3(iv)

Special procedure where matters are required to be

placed before Court,
before removal of office objections. 2 17 3(v)
Certain objections to be waived if the matter is
summarily rejected, 2 17
Division Bench to dispose of the application; rule nisi
may be granted by a Single Judge. 2 17 4

Summary rejection of the application and rule nisi. 2 17 5

Interim or interlocutory orders 2 17 6
Taxing of process fees 2 17 7
The office shall tax the process fees 2 17 7(i)
Payment of process fees and supply of copies of
application 2 17 7(ii)

Application to be dismissed in case of default of

payment of process
fees or failure to supply copies. — 2 17 7(iii)
Registrar's powers to excuse delay in payment of
process fees and supply of copies 2 17
Stay order not to be communicated unless process fees
are paid and copies are supplied 2 17 7(iv)
Affected party may move Court for discharge of stay,
after notice to the other party 2 17 7(vi)
Service of rule nisi. 2 17 8(i)
Special provision for service on Public Officers in
Greater Bombay and Nagpur. 2 17 8(ii)
Procedure where rule is unserved or not properly
served 2 17 8(iii)
List of rules not served or not properly served, to be
published 2 17 8(iii-a)
Publication of the list to be sufficient notice 2 17 8(iii-b)
Action for fresh service etc. to be taken within 14 days
of publication of list. 2 17 8(iii-c)
Dismissal for failure to prosecute. 2 17 8(iii-d)
Registrar's power to excuse delay in taking action in
regard to service of Rule 2 17
Procedure when a party dies 2 17 8(4)
Receipt of Record and Proceedings to be notified
before hearing 2 17 9
Contents of paper-books. 2 17 10(i)
Manner of printing, typing, etc. of paper-books, their
indexing and paging, 2 17 10(ii)
Copies of documents to be filed after rule nisi to be
supplied to other parties before filing. 2 17 10(iii)
Manner of computing costs of paper-books 2 17 10(iv)
Answer to rule nis 2 17 11
Service of rule nisi on other parties. 2 17 12
Further affidavit not allowed. 2 17 13
Oral testimony 2 17 14
Procedure in case of difference of opinion between
Judges 2 17 15
Costs 2 17 16
Applications under Article 227 and 228 2 17 17(i)

Applicant to inform Court, if, during pendency of an

application, the Supreme Court is approached. 2 17 17(ii)
Hearing may be adjourned pending decision by the
Supreme Court. — 2 17 17(iii)
Rules 2 to 16 to apply mutatis mutandis 2 17 17(iv)
1908;
[(41) The orders passed under the Maharashtra
Universities Act, 1994;
(42) The orders passed under the Maharashtra
Employees of Private Schools
(Conditions of Service) Regulation Act, 1977;]
[43) Orders passed under Bombay Primary Education
Act, 1947 (Bombay Act No. LXI
of 1947);
(44) Orders passed under the Land Acquisition Act,
1894 for acquiring land for resettlement of the Project
affected Persons in accordance with the provisions of
Maharashtra Resettlement of Project Displaced
Persons Act, 1976 (Mah. Act No. XLI
of 1976) or Maharashtra Project Affected Persons
Rehabilitation Act, 1986 (Mah. Act
No. XXXII of 1986);
(45) Orders passed under the Public Premises (Eviction
of Unauthorised Occupants)
Act, 1971;
(46) Orders passed under Bombay Public Trusts Act,
1950,
may be heard and finally disposed of by a Single Judge
appointed in this
behalf by the Chief Justice:
Provided when the matter in dispute is or relates to
the challenge to the
validity of any statute or any rules or regulations
made thereunder, such application
shall be heard and disposed of by a Division Bench to
be appointed by the Chief
Justice:
Provided further that the Chief Justice may assign any
petition or any
category of petitions falling under Clauses 1 to 46 or
any Clause that may be added
hereinafter to, a Division Bench: 2 17 18
Registrar's powers to pass certain orders 2 17 19

Procedure for revising the Registrar's orders refusing

registration and dismissing for failure to prosecute
Notwithstanding anything contained in
Rule 7 of Chapter II an order of the Registrar refusing
registration under Rule 3(iii) of
this Chapter 2 17 20
Execution of Orders
Drawing up of order including cost 2 17 21

Applications under section 82, Civil Procedure Code. 2 17 22

Execution of order or decree on Original Side 2 17 23
Application for transmission of order or Decree to
Original Side or any other Court for execution. 2 17 24

Notice under Order XXI, rule 22, Civil Procedure Code 2 17 25

Reference to Court for orders in case of doubt 2 17 26
Execution of orders under Article 227 2 17 27

RULES MADE UNDER SECTION 4(2) OF THE CITY OF

BOMBAY MUNICIPAL (SUPPLEMENTARY) ACT, XII OF
1888 2 19
Appeals under section 515 of the Bombay Municipal
Corporation Act 2 19 1
Cost 2 19 2
APPEALS UNDER THE INSURANCE ACT, IV OF 1938 2 20

All appeals under the Insurance Act, 1938 (IV of 1938),

shall if the registered office of the Insurer or the
Provident Society is situate outside Greater Bombay,
be heard and disposed of by a Division Bench to be
appointed by the Chief Justice.' 2 20 1

2. Form of appeal.—All such appeals shall be made by a

petition and shall be intituled ‘In the matter of the Act'
and ‘In the matter of the Insurer or the provident
Society’, as the case may be. 2 20 2

3. Order on petition of appeal.— The petition shall be

placed before the Division Bench, which may either
accept the petition and direct notice thereof to be
given to all necessary parties or may reject it summarily
or may make such order as the circumstances of the
case may require. 2 20 3

Rules under the Banking Regulation Act, 1949 (Act X of

1949)
Applicable to Applications filed in the Office of the High
Court at
Nagpur.

Rules under the Banking Regulation Act, 1949 (Act X

of 1949) Applicable to Applications filed in the Office
of the High Court at Nagpur. 2 21
Definitions 2 21 1
Presentation and hearing of application under Part III
or Part III-A of the Act. 2 21 2
General Headings 2 21 3
Application of rules under the Act. 2 21 4
General duties and powers of special officer 2 21 5
Inspection report of Reserve Bank of India 2 21 6
Notice of application 2 21 7
Applications in winding up to be by petition 2 21 8
Notice of petition 2 21 9
Affidavit in answer 2 21 10
Direction for hearing of petition 2 21 11
Transfer of suits and proceedings to High Court 2 21 12
Affidavits in reply 2 21 13
List of debtors 2 21 14
Service of notice 2 21 15
Affidavit in reply 2 21 16
Settlement of list of Debtors 2 21 17
Liquidator to report if he contests claims of
Depositors. 2 21 18
Registrar of suits in winding up matters 2 21 19
Hearing of suits and connected matter 2 21 20
Procedure in such suit. 2 21 21
When proceedings not transferred, Court may
request expedition of the same. 2 21 22
Application for inspection of records 2 21 23
Presentation of complaint and issue of process 2 21 24
Process in criminal cases 2 21 25
Offences triable summarily 2 21 26
Procedure in summary trials 2 21 27(i)
Procedure in non-summary trials. 2 21 27(ii)
Bail. 2 21 28
Accused person to be competent witness 2 21 29
Summoning of witnesses 2 21 30
Recording of evidence 2 21 31
Compounding of offences 2 21 32
Supervision of Compromises or Arrangement 2 21 33
Recovery of dues as arrears of revenue. 2 21 34

Appeal to High Court to be heard by Division Court 2 21 35

Form and applicability of High Court Appellate Side
Rules 2 21 36

Period within which appeal and copies should be filed. 2 21 37

Short notice matters 2 21 38

Appeal against any order made under section 45-J. 2 21 39

Appeal to be disposed of by Division Bench. 2 21 40
Period within which appeal to be filed 2 21 41
Application for certificate 2 21 42
Contents of memorandum of appeal 2 21 43
Paper-books 2 21 44
Applicability of High Court, Appellate Side Rules 2 21 45
Application for Bail 2 21 46
Section 5, Limitation Act applicable 2 21 47
Filing of appeals. 2 21 48
Procedure regarding appeals which are beyond time. 2 21 49
Application for excusing delay 2 21 50
Removal of office objection 2 21 51

Removal of office objection within specified time 2 21 52

Appeal not prosecuted diligently to be placed before
Court 2 21 53

Applicability of Civil Procedure Code, Criminal

Procedure Code and High Court Appellate Side Rules 2 21 54
PETITIONS UNDER THE INDIAN COMPANIES ACT, I OF
1956. 2 23
Presentation of applications for winding up 2 23 1
APPEALS UNDER COMPANIES ACT, 1956 (ACT I OF
1956) 2 23-A
APPEALS UNDER SECTION 72 OF THE COPYRIGHTS
ACT, 1957 2 24

Division Bench to hear appeals under Copyrights Act 2 24 1

Rules re : regular appeals to apply to appeals under
the Act 2 24 2

Appeals under the Act classified as short notice or

expedited
matters. 2 24 3

Appellant to supply copies of paper-books for use of

Court and
respondents 2 24 4
Arrangement of paper-book which should be neatly
typed, paged and indexed. 2 24 5
Appellant to supply bill of costs of paper-book 2 24 6
Respondent to supply his paper-book and bill of costs
of paperbook 2 24 7

Costs of paper-books to be included in bills of costs 2 24 8

Tax Appeals 2 24-A 1
Institutions of Appeals
All appeals which are to be instituted under the
provisions ofi) Section 260A of Income Tax Act, 1961,
ii) Section 27A of the Wealth Tax Act, 1957,
iii) Section 130 of the Customs Act, 1962,
iv) Section 35G of the Central Excise Act, 1944,
v) Section 83 in Chapter V of the Finance Act, 1994
(Service Tax) read with Section
35G of the Central Excise Act, 1944,
vi) Section 27 of Maharashtra Value Added Tax, 2002, 2 24-A
vii) Section 9(2) of the Central Sales Tax Act, 1956 read
with Section 27 of the
Maharashtra Value Added Tax, 2002.
Or
under any tax legislation other than which is referred
to hereinabove or which is
enacted or re-enacted or that may be enacted after the
coming into operation of
these Rules which provide for an appeal to the High
Court from an order of the
Tribunal under such legislation.
arising out of Kolhapur, Nashik, Pune, Raigad, Ratnagiri,
Sindhudurg, Satara, Sangli,
Solapur and Thane Districts shall be presented to the
Prothonotary and Senior Master of
High Court of Judicature at Bombay and the same shall
be heard and disposed of by a
Division Bench on the Original Side.
REVISION APPLICATION UNDER SECTION 5(2) OF THE
BOMBAY COURT-FEES ACT, 1959
Form and accompaniments of application for revision
of Taxing Officer's decision 2 25 1
Disposal of application 2 25 2
Costs, to be in the discretion of Court 2 25 3
Special procedure in respect of revisions under the
Court-fee Act 2 25 4
CRIMINAL BUSINESS 2 26
Rules re: Civil proceedings to apply mutatis mutandis to
criminal proceedings 2 26 1
Proceedings to contain statement that no such
proceeding had been filed before 2 26 2
Application for bail to be served on Government
Pleader 2 26 3
Registers for classes of proceedings 2 26 4
Registration of proceedings 2 26 5
Joint appeal or application by persona affected by
same Judgment 2 26 6
Examination of proceedings by Office 2 26 7
Office to notify objections; and their removal by
Advocates or appellants 2 26 8
Notification of receipt of record 2 26 9
Notice where property is returned to person not party
to original proceeding 2 26 10
Procedure if any, notice cannot be served 2 26 11
Procedure in regard to preparation of confirmation
cases for hearing 2 26 12
Accompaniments to appeals and applications 2 26 13

Supply of additional set of copies where proceedings

are to be heard by Division or Full Bench. 2 26 16
Registrar may dispense with copies of Judgments in
subsequent proceedings 2 26 17

Supply of copy of record to Government Pleader and

Advocate for accused in Certain Proceedings. 2 26 18

Procedure re-appeals against acquittals by Private

parties 2 26 19

Notices in appeals against acquittals to District

Magistrate and Public Prosecutor, and intimation by
them whether accused is in jail. 2 26 20

Free supply of paper-book to accused or his Advocate 2 26 21

Accompaniments to jail appeals and applications 2 26 25
Procedure for transfer applications 2 26 26
When a case becomes ready 2 26 27
Cases to be set down for hearing on Mondays 2 26 28
Preparation of Weekly Boards 2 26 29
Preparation of Paper-Books, Translations, etc., in the
High Court 2 26 30
Appointment of Advocate for undefended accused at
Government cost. 2 26 31
Advocate's fees when Appointed at State cost 2 26 32
Registrar's powers to enhance fees 2 26 33
Production of accused in jail at the hearing if he so
desires 2 26 34
Payment of expenses to accused acquitted or
discharged 2 26 35
Travelling and daily allowances to witnesses 2 26 36
RULES UNDER SECTION 477(l)(d) READ WITH SECTION
96 OF THE CODE OF CRIMINAL PROCEDURE, 1973. 2 27
How applications under section 96, Code of Criminal
Procedure to be made. 2 27 1
How petition to be written 2 27 2
How petition to be headed and instituted 2 27 3
What petition should state and what exhibits should be
annexed to it 2 27 4
What petition should also state 2 27 5
What documents are to be translated into English and
by whom 2 27 6
Petition should be presented to the Chief Justice 2 27 7
Notice of hearing 2 27 8
How printed paper-books to be prepared 2 27 9
Number of paper-books to be printed 2 27 10
How costs of petition to be taxed 2 27 11
What provision and rules are applicable to execution
orders on applications 2 27 12

RULES FOR THE ISSUE OF WRITS OR ORDERS IN THE

NATURE OF WRITS OF HABEAS CORPUS UNDER
ARTICLE 226 OF THE CONSTITUTION OF INDIA 2 28
Applications for writs of Habeas Corpus under Article
226 2 28 1
Rule nisi on prima facie case 2 28 2
Order on hearing of rule 2 28 3
Service of Writs 2 28 4
Costs of rule in discretion of Court 2 28 5
Procedure as to evidence to be recorded. 2 28 6

Procedure in case of difference of opinion between

Judges (section 392 of the Code of
Criminal Procedure) 2 28 7
APPEALS TO THE SUPREME COURT (Under Supreme
Court Rules, 1966) 2 29-A
Application for Certificate 2 29-A 1(i)

Oral Application for Certificate may be made

immediately after the pronouncement of Judgment 2 29-A 1(ii)
Form of Petition 2 29-A 1(iii)
Addresses of parties 2 29-A 1(iv)
Accompaniments to the petition 2 29-A 1(v)
Notice of Rule and its service 2 29-A 2
Registrar to investigate causes of delay if parries are
not served within two months. 2 29-A 3
Form of Certificate 2 29-A 4
Procedure for consolidation of appeals 2 29-A 5
Procedure for amending record after certificate is
granted 2 29-A 6

Service of Notice in certain cases upon Advocates 2 29-A 7

Action to be taken on receipt of the copy of petition of
appeal from the Supreme Court 2 29-A 8
Procedure where proceedings in Courts below were
had in English 2 29-A 9(i)
Balance to be refunded 2 29-A 9(ii)
Default to be reported to Supreme Court 2 29-A 9(iii)
Procedure where proceedings in Courts below were
held in a language other than English 2 29-A 10(i)
Contents of notice to appellant 2 29-A 10(ii)
Contents of notice to respondent 2 29-A 10(iii)
Default to be reported to the Supreme Court 2 29-A 10(iv)
Forms of notices to appellant and respondent 2 29-A 10(v)
Setting of Index 2 29-A 11
Procedure where respondent objects to inclusion of
documents. 2 29-A 12
Procedure where appellant objects to inclusion of
documents. 2 29-A 13
Estimate of costs of the preparation of the transcript of
record, etc 2 29-A 14
Where record is printed for High Court appeal, no fresh
transcript necessary 2 29-A 15
Registrar may call for additional deposit if deposit
made is insufficient 2 29-A 16
Procedure on appellant making default in making
deposit 2 29-A 17
Transcript of the record to be transmitted to Supreme
Court within six months. 2 29-A 18

Where the record has been printed for the purpose of

Appeal
before the High Court and the record is in English 2 29-A 18(ii)
Certificate of expenses to be appended to the
transcript or forwarded separately. 2 29-A 18(iii)
Form of notice of transmission of the transcript to the
parties. 2 29-A 19
Record not to be printed unless ordered by the
Supreme Court 2 29-A 20(i)
Rules regarding printing and cyclostyling 2 29-A 20(ii)
Record may be cyclostyled if consisting of less than 200
pages 2 29-A 20(iii)
Rules 7 to 19 to apply mutatis mutandis to printing and
cyclostyling 2 29-A 20(iv)

Number of copies for the use of the Supreme Court 2 29-A 20(v)
Number of copies for the parties 2 29-A 20(vi)
Rate of fees for preparation of the transcript of the
record and printing and cyclostyling of record 2 29-A 21(i)
Manner of appropriating the fees 2 29-A 21(ii)
Translations to be made by Chief Translator's Office or
Special Translators 2 29-A 22(i)
Fees for estimating translation charges 2 29-A 22(ii)
Estimate may be called from the Chief Translator 2 29-A 22(iii)
Procedure where translations are made for High Court
appeal 2 29-A 23

Where depositions of witnesses are to be translated 2 29-A 24

Procedure where parties disagree in regard to
translations 2 29-A 25
Rate of fees for translation) etc. 2 29-A 26(i)
Who should examine and authenticate 2 29-A 26(ii)
Manner of appropriation of translation fees etc 2 29-A 26(iii)
Number of copies of translations to be supplied by the
Chief Translator or the Special Translator 2 29-A 26(iv)

(B) Civil Appeals by Special Leave of the Supreme

Court.
Rules 5 to 26 to apply mutatis mutandis 2 29-A 27
Application for certificate 2 29-A 28(i)

(C) Criminal Appeals on the Certificate of the High

Court
Oral application for certificate may be made
immediately after the pronouncement of judgment 2 29-A 28(ii)
Form of petition 2 29-A 28(iii)
Accompaniments to the petition 2 29-A 28(iv)
Notice of Rule 2 29-A 29
Form of certificate. 2 29-A 31
Cost of preparation, transmission etc. of the transcript
record 2 29-A 32
Where two copies of High Court Paper-book are
available. 2 29-A 33
Documents translated for High Court appeal need not
be translated again 2 29-A 34
Procedure in case of default by the appellant 2 29-A 35
Number of copies to be printed or cyclostyled where
record is required to be printed or cyclostyled 2 29-A 36

Special time-limit for preparation and transmission of

record in cases involving sentence of death. 2 29-A 37
Rules 5 to 26 to apply mutatis mutandis 2 29-A 38

(D) Criminal Appeals by the Special Leave of the

Supreme Court.
Petitioner intending to apply for special leave to be
supplied copy of judgment or order free o f cost 2 29-A 39

Procedure on receipt of order granting special leave 2 29-A 40

Rules 31 to 38 to apply mutatis mutandis 2 29-A 41
(E) Miscellaneous
Forms 2 29-A 42

List of pending Supreme Court appeals to be

maintained
and the progress of work in each to be watched 2 29-A 43
Interpretation 2 29-A 44

Procedure where printed paper-books prepared for the

use of the High Court arc available in sufficient number 2 29-A 45
Transfer of Cases under Article 139-A of the
Constitution 2 29-B
MISCELLANEOUS 2 30

PRESENTATION OF PROCEEDINGS AT THE OFFICE OF

THE HIGH
COURT AT NAGPUR, AURANGABAD AND PANAJI, GOA 2 31
LEGAL PRACTITIONERS 3 32
Dress Code Lady Advocate 3 32 1
One Advocate for each party usually heard on
Appellate side 3 32 2
Attorney not Advocate not to address Court 3 32 3
Advocate who is Attorney not to practise as Advocate
on Original Side 3 32 4
Attorneys admitted as Advocates not disqualified as
Attorneys 3 32 5
ADVOCATES' CLERKS 3 33
Meaning of expression "recognised clerk" 3 33 1
Number of Advocates’ Clerks to be recognized (Two or
more) 3 33 2
Register for recognised clerks 3 33 3
Application by Advocate for recognition of clerks 3 33 4
Qualification for recognition 3 33 5
Mukhtyar not admitted 3 33 6
Access to High Court offices 3 33 7

When recognized clerk can act on behalf of Advocate 3 33 8

Recognized clerk to give receipts for money received
from clients 3 33 9
Removal of recognized clerk 3 33 10
Recommendation for re-registration 3 33 11
Reinstatement after removal by Registrar 3 33 12
Advocate ceasing to employ recognized clerk to inform
Registrar 3 33 13

RULES TO REGULATE PROCEEDINGS FOR CONTEMPT

UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA
AND THE CONTEMPT OF COURTS ACT, 1971 3 34
Title 3 34 1
Commencement 3 34 2
Definitions 3 34 3

PART I .
Where Contempt of Court is committed in view or
presence or hearing of Court, the contemnor may be
punished by the Court before which contempt is
committed either forthwith or on such date as may be
appointed by the Court in that behalf. 3 34 1

Pending the determination of the charge, the Court

may direct that contemnor shall be detained in such
custody as it may specify : Provided that the
contemnor may be released on bail or on such other
terms as to undertakings or otherwise as the Court may
direct. 3 34 2
existing Chapter XXXIV vide
Mah. Govt. Gazette dt. 8-8-1996. Part 4-C, pages 364-
368.
(a) Suo motu, or
(b) on a petition made by Advocate General.
(c) on a petition made by any person, and in the case of
a criminal contempt with
the consent in writing of the Advocate General.
(d) on a reference made to the High Court by any
Subordinate Court in respect of
Civil Contempt, or
(e) on a reference under section 15(2) of the said Act
made by a subordinate Court
either suo motu or on an Application received by it.
2
[(f) If any information is lodged in the office of this
Court in the form of a Petition or
otherwise, inviting this Court to take action under the
Contempt of Courts Act, 1971 3 34 5
or Article 215 of the Constitution of India, where the
informant is not one of the
persons named in Section 15 of the Contempt of Courts
Act, 1971, the aforesaid
Petition or information received shall be placed before
the Chief Justice in Chambers
for appropriate orders.
(g) The office shall place the same alongwith all other
relevant papers before the
Chief Justice in Chambers, within fifteen days of receipt
of the same.
(h) In the event of the Chief Justice directing
cognizance to be taken on the same, it
shall be put up before the appropriate Division Bench
in form of a Registered
Petition, within fifteen days;
(i) The office shall maintain a separate register for
registering such Petitions.]
COGNIZANCE AND PROCEDURE
Parties to the Petition 3 34 6
Every Petition or Reference under Rule 5(b), (c), (d) or
€ 3 34 7
Every Petition or Reference under Rule 5(b), (c), (d) or
(e) shall on being filed 3 34 8(1)
The Court may, if it thinks it absolutely necessary to do
so, 3 34 8(2)
Notice to the person charged shall be in form 1. 3 34 9(1)

When action is initiated on a Petition or a Reference, a

copy of the Petition or the
Reference along with the annexures and Affidavits shall
be served upon the person
charged.
3 34 9(2)
The person charged may file his reply by way of an
Affidavit or Affidavits within 14 days from the service of
the Notice or within such time as the Court may fix. 3 34 10
No further Affidavit or document shall be filed except
with the leave of the Court 3 34 11

Reference under section 15(2) of the Act may be made

by subordinate Courts either suo motu or on an
Application received by it. 3 34 12(a)

Before making a reference the subordinate Court shall

hold a preliminary enquiry by issuing a Show Cause
Notice accompanied by copies of relevant documents 3 34 12(b)

The High Court may, on its Appellate Side, entertain a

Petition for Contempt of Subordinate Court 3 34 13

Every Petition made by the Advocate General under

sub-section (2) of section 15 of the Act shall state the
relevant facts 3 34 14

. Unless otherwise ordered by the Court, four copies of

the Paper Book shall be prepared in the Office of the
Prothonotary and Senior Master or the Registry, one
for the petitioner, one for the opposite party and the
remaining for the use of the Court. 3 34 15
The Court may direct the Advocate General to appear
and assist the Court 3 34 16

The Court may, if it has reason to believe, that the

person charged is absconding or is otherwise evading
service of notice, or if he fails to appear in person or to
continue to remain present in person in pursuance of
the Notice, direct a Warrant bailable or non-bailable
for his arrest or may direct attachment of his property
as may be specified in the Order by the Court. 3 34 17

The Court may pass such orders as it thinks fit including

Orders as to costs
which may be recovered as if the Orders were a decree
of the Court. 3 34 18

Every Notice issued by the High Court or Designated

Court to the contemnor shall be accompanied by a
copy of Petition or Reference, as the case may be,
together with the copies of Affidavits, if any. 3 34 19(a)
Such Notice issued by the High Court or Designated
Court shall be signed and dated by the Prothonotary or
Additional Prothonotary or Officer on Special Duty or
Assistant Registrar and shall be sealed with the seal of
the High Court or the concerned Court. 3 34 19(b)

Notice of every proceeding under this Act shall be

served personally on the person charged, unless the
Court, for reasons to be recorded, directs otherwise. In
that case service may be effected in the manner
prescribed under the Code of Civil Procedure and/or
the High Court Rules or the Rules of the concerned
Court for service of process. 3 34 19(c)

Whenever the High Court or Designated Court issues a

notice, it may dispense
with the personal attendance of the person charged
with the contempt and permit
him to appear through an Advocate and in its
discretion, at any stage of the
proceeding, direct the personal attendance of such
person, and, if necessary, enforce
such attendance in the manner herein above provided. 3 34 20

When any person charged with contempt appears or is

brought before the Court
or the designated Court such person/persons may be
released on bail on such terms
and conditions as the Court may deem fit and proper 3 34 21

Enquiry
Any person charged with contempt, may file an
Affidavit in support of his
defence on the date fixed for his appearance or on
such other date as may be fixed
by the Court in that behalf, 3 34 22(a)

If such person pleads guilty to the charge, his plea shall

be recorded and the
Court may, in its discretion, convict him thereon 3 34 22(b)
If such person refuses to plead or does not plead, or
claims to be tried or the Court does not convict him on
his plea of guilt, it may determine the matter of the
charges either on the Affidavits filed or after taking
such further evidence as it deems fit 3 34 22©

The Rules contained in Bombay High Court Rules

pertaining to grant of copies, process fees and
translation of documents and such other matters in
respect of which no provision is made in the Rules shall
mutatis mutandis apply to the proceedings in the High
Court and designated Court. 3 34 23

Every petition or reference in respect of Civil Contempt

alleging willful disobedience of any ad-interim/interim
or final order passed by the High Court shall be heard
and disposed of by the concerned Division Bench or
Single Judge, as the case may be, before which/whom
the main matter is pending or before which/whom the
main matter would lie, if it were pending. 3 34 24(i)

Every Petition or reference in respect of Civil Contempt

of Subordinate Court shall be heard and disposed of by
a Single Judge. 3 34 24(ii)

Notwithstanding anything contained in Sub Rules (i)

and (ii), the Chief Justice may in his discretion assign to
a Division Bench Contempt Petition which would
otherwise lie before a Single Judge. 3 34 24(iii)

Notwithstanding anything contained in Sub Rules (i)

and (ii), the Chief Justice, in his discretion, may assign
Civil Contempt Petition to any other Division Bench or
Single Judge.] 3 34 24(iv)

a) In case of contempt arising out of a proceeding on

the Original Side of the High Court, the Petition shall be
filed on the Original Side of the High Court. 3 34 25(a)

(b) In case of contempt arising out of a proceeding on

the Appellate Side of the High Court, the Petition shall
be filed on the Appellate Side. 3 34 25(b)

(c)Petitions or References for Contempt of Subordinate

Courts shall be Filed on the Appellate Side. 3 34 25©
(d) In case of contempt arising out of proceedings
before the Designated Court, the petition shall be filed
before the Designated Court. All the rules herein shall
apply mutatis mutandis in respect of Contempt of the
Designated Courts. 3 34 25(d)

Where a person charged with contempt is adjudged

guilty and Is sentenced to suffer imprisonment, a
Warrant of Commitment and detention shall be made
out under the signature of Prothonotary or Registrar or
Officer on Special Duty as the case may be 3 34 26

RULES OF THE HIGH COURT AT BOMBAY UNDER THE

MAHARASHTRA VEXATIOUS LITIGATION
(PREVENTION) ACT, 1971. 3 35
Bombay City Civil Court Rules
Part Chapter Rule Limitation

ee
12(2)
 Bombay High Court (Original Side Rules)
Sr. No. Sr.No Particulars Part Chapter Rule
Application by Advocate for Registration 1 3
1 Office Address 1 6
Joint Vakaltnama 1 7
Registered Clerk 1 8
Advocate to keep Accounts 1 10
Production of Account for Inspection 1 15
Certificate as an Attorney 1 20
Dress of Advocates 1 21
Shall not appear and plead for parties on both sides 1 22
Designation of Advocate as Senior Advocate 1 24
Holding of Court on Original Side 2 1 26
Assignment of Work to be made by Chief Justice 2 1 27
Office Hours
Vacations and Holidays 2 2 29,30
Plaint (Institution of Suit) 2 4 42
Particulars of Claim annexed to Plaint 43
Plaint to be verified and before whom 44
Plaint to be lodged before presentation 45

Form of Appearance/Vakaltnama to be filed by party 2 4 49

Address for Service 2 4 50

Acceptance of Service by Advocate on behalf of Client 2 4 51

Party represented by Avocate not entitled to act or
appear in person 2 4 52
Petitions to be Oath 2 4 55
Minor and Person of Unsound Mind 2 5 63 to 68
Summons to Defendant 2 6 69
Name and Address of Party of the Advocate to be
stated in every process 2 6 70
Summoneses etc how attested and signed 2 6 71
Sealing of Summons rule,decree 2 6 72
Returnable date of summons matrimonial suits,hearing
of such suits 2 6 73

In suits other than matrimonial and summary suits,writ

of summons to specify the time filing an appearance or
vakaltnama and written statement 2 6 74
Returnable date of summons in suits other than
matrimonial and summary suits 2 6 75
Mode of Service of Summons 2 6 76
Writ of Summons and other processes not be served 77
on Saturday,Sunday and Holiday 2 6 454
Service at advocate office not to to be effected after 78
5.30 p.m. 2 6 455
Undertaking by Advocate to accept service 2 6 79
Only one Writ may be served when advocate appears
for several defendants 2 6 80
Power to direct issue of Fresh Summons 2 6 82
Proof of Service of Summons 2 6 84
When service through court 2 6 85
Substituted Service 2 6 86
Suits to be placed for dismissal if not served within 6
months 2 6 87

Time for filing appearance or vakaltnama by Defendant 2 7 88

In default of filing appearance or vakaltnama and

written statement suit may be set down on board as
undefended 2 7 89
Judgement for want of Written Statement 2 7 90
Third Party Procedure 2 8 107 to 120
Chamber Work 2 9 121
Chamber Summons 2 9 126
Time for filing chamber summons and Affidavit 2 9 129
Delegation of Chamber Judges Power to Prothonotary
Senior Master 2 9 131
Registered Clerk on written authority can appear
before Prothonotary 2 9 132
Notice of Motion 2 10 142
Service of Notice of Motion 2 10 143
Time for filing Notice of Motion and Affidavits 2 10 144
What affidavits can be used for hearing 2 10 145
Application for Interim relief 2 10 148
Undertaking to pay damages 2 10 148

Application for amendment of pleading for the purpose

of rectifing clerical errors in names,dates or sums may
be made in chambers without giving notice to opposite
side 2 11 150
Attestation of ammendment 2 11 152
Postponement of Suits by Prothonotary and Senior
Master 2 11 153
Directions to be given 2 11 157
No affidavit to be made when suit is for directions
except leave of judge 2 11 158
Duty to make all interlocutory application when suit on
board for directions 2 11 159
Subsequent Application for directions through
Chamber Summons 2 11 160
Further statement by leave may be filed 2 11 161

Prothonoray and Senior Master may draw order for

dismissal or withdrawal of suit if suit has been settled
or compromised before hearing 2 11 163
Discovery and Inspection 2 11
Agent may make Affidavit of Document when party is
not residing in Greater Bombay 2 11 164
Copies of Photographs if relied on, to be furnished to
other side on payment of charges 2 11 166
Notice of Application for Interrogatories 2 11 167
Service on Advocate of Order for Interrogatories or
discovery or inspection 2 11 169
Discovery against Sherrif 2 11 171
Effect of non-dislosure of documents 2 11 172
Commission

Application for examination of Witness under Order 18

Rule 16 or Section 76 or Order 26 Rule 1and 4 of CPC 2 11 174
Examination of Witness under Order 18 Rule 16 or
Order 26 Rule 1and 4 of CPC 2 11 175
Prodcedure when evidence to be taken on
interrogatories 2 11 176
Preparation of commissioner (Interrogatories) 2 11 177
Procedure to examine witness by Commissioner 2 11 179
Deposition of Witness to be read over and signed by
him 2 11 180
Change and Discharge of Advocate

Clients Application for Change or discharge of Advocate 2 11 187

Advocate's Application for discharge 2 11 188
Affidavits 2 12
Evidence on Petition,Notice of Motion,Chamber
Summons 2 12 190
Title of Affidavit 2 12 191
Form of Affidavit 2 12 192
Affidavit to be in first person 2 12 193
Description and abode of deponent to be stated 2 12 194
Before whom affidavit to be sworn 2 12 196
Affidavit by two or more deponents 2 12 195
Officers to be appointed to administer oath 2 12 197
Every Exhibit to be dated and intialled 2 12 198

Affidavit not to be filed unless properly endorsed 2 12 200

Special time for filing affidavits 2 12 202
Alteration in Affidavit 2 12 203
Procedure when Affidavit is sworn outside court 2 12 207
Procedure when affidavit is sworn outside India 2 12 208
Affidavit to Include Plaint 2 12 209
Suits by Indigent Persons 2 13 210 to 220
Summary Suits 2 14

Summons for Judgement (Summons shall be made

returnable within 10 clear days from date of Service) 2 14 221
Defendant should apply for leave to defend by filing
affidavit 2 14 221(i)
Judgement for part of claim 2 14 222
Where one defendant has good defence but another
has not 2 14 223
Default in completing security or carrying out
directions 2 14 224
Setting down summary suit for hearing 2 14 225

Defendants default in filing appearance or vakaltnama 2 14 226

When no decree applied for within six months 2 14 227
Commercial Causes 2 15 228

Interlocutory Order for speedy determination of Suit 2 15 233

Administration Suits 2 16 237
Originating Summons 2 17 238
Order for administration of estate or of trust 2 17 239
Person to be served with summons 2 17 240
Plaint to be filed for Originating Summons 2 17 249
Plaint to be numbered O.S. 2 17 250
Order made on Originating Summons to be drawn as
decree of court 2 17 258
Order II Rule 2 should not apply to Originating
Summons 2 17 261
Computation of Time and Power to enlarge or abridge
time 2 18 262
Power of Court to enlarge or abridge time 2 18 265
Search and Cerified Copies 2 19 267
Search and Certified copies to a person not party to
suit or matter 2 19 268
Charges for Certified Copy 2 19 270
Application to state whether copy is required for
private use otherwise 2 19 271
Application for copies liable to stamp duty (Article 26 of
Schedule I of Bombay Stamp Act 2 19 272
Proceeding at the Hearing of Suit and Upto and
Inclusive of Decrees
Translation of Entry to be marked instead of copy
thereof 2 20 277
Exhibits to be officially translated 2 20 280
Return of Plaint 2 20 283

Payment of cost to be condition precedent in order fpr

withdrawal of suit with liberty to file fresh suit 2 20 285
Dismissal of Suit on application of Plaintiff to bar fresh
suit 2 20 286
Decree for maintainance 2 20 289
When Judge may order Application for administration
etc to standover 2 20 290
Distribution not to be delayed by difficulties as to some
shares 2 20 292
Judgement how passed 2 20 296
Conents of Decree 2 20 298

Interlocutory Order passed in court not to be drawn up 2 20 299

Drawing up Decrees passed in Court
Prothonotary and Senior Master may proceed ex-parte
at time of settling draft of decree 2 20 302
Errors how rectified after decree is sealed 2 20 304
Application for return of Exhibits within 10 days 2 20 305
Return of Exhibits 2 20 306
Arrest and Attachment before Judgement 2 21 307
Conditional attachment duration of 2 21 308
Execution of Decrees and Order
Non-Prosecution of application for execution 2 22 329
When fresh application is necessary 2 22 334
Garnishee Proceedings 2 23 345-354

Gurdian of Minors and of Persons of Unsound Mind 2 24 355-364

Receipts and Payments by Officers of Court 2 25
Time for making cash deposits in Court 2 25 365
Application for Withdrawal of Securities or moneys
lying with High Court Officers 2 25 366
Application for Issue of Certificate 2 25 367
Written Authority of Client requisite for payment to
advocate on record 2 25 368
Testamentary and Intestate Jurisdiction
Testamentary Jurisdiction 2 26 369
Non-Contentious Matters 2 26 370
Powers of the Prothonotary and Senior Master 2 26 371
Application through Advocate or in Person 2 26 372
Application by Parties in Person 2 26 373
Application for Probate 2 26 374
Appplication for Letter of Administration where
deceased has left a will 2 26 375
Application for Letter of Administration where
deceased died intestate 2 26 376

Name of Petitioner and caveator in Petition and caveat 2 26 378

Verification of Plaint 2 26 379
Payment of Court Fees 2 26 380
Delay in Application (after 3 years of Death) 2 26 382
Interlineations,Alterations in the will should be sworn
by attesting witness 2 26 383
In absence of Attesting witness other evidence to be
produced 2 26 384
Production of Deed,Paper etc referred to in will 2 26 385
Unsigned or unattested Will 2 26 386
Attempted Cancellation to be accounted for 2 26 387
Discloure of all person having prior right to grant 2 26 388
Marking of Will 2 26 391
Proof of Identity 2 26 392

Renunciation of Probate or Letters of Administration 2 26 393

Application by Constituted Attorney 2 26 394
Proof of Execution of Power of Attorney (Section 85 of
Evidence Act) 2 26 395
Notice of Application to Collector and Supritendent of
Stamps 2 26 396
Notice of Next of Kin 2 26 397
Issue and Return of Process 2 26 398
Service of Citations 2 26 399
Service by Advertisement 2 26 400
Caveat 2 26 401
Affidavit in Support of Caveat 2 26 402

Procedure on affidavit in support of caveat being filed 2 26 403

Chamber Summons for Directions 2 26 404
Notice to prove will in solemn form 2 26 405
Affidavit opposing grant of succession certificate 2 26 406
Procedure when two or more petitions for succession
certificate are filed 2 26 407
Provisons regarding indigent persons to apply 2 26 408
Search of Proceedings 2 26 409
Certified Copies 2 26 410
Production of Papers in High Court 2 26 411
Production of Papers in Other Court 2 26 412
Grant Limited to state of Maharashtra 2 26 413
Grant throughout India 2 26 414
Application for extension of Succession Certificate 2 26 416
Limited Letters of Administration 2 26 417
Blind or illerate Testator 2 26 419
Administration Bond in case of Letters of
Administration 2 26 420
Administration Bond in case of Succession Certificate 2 26 421
Surety to be justified in certain cases 2 26 422
Attestation of Bond 2 26 424
Application under Section 10 of the Administrators
General Act 1963 2 26 425
Probates to be drawn up by Office 2 26 426
Schedule of Property to be annexed to grant 2 26 427
Grant under Section 254 of Indian Succession Act 2 26 428
Certificate under Section 274(1)a of the Indian
Succession Act 2 26 431

Notice by executor or administrator to creditor under

section 360 and 367 of Indian Succession Act 2 26 433
Notice to be given to parties of the filling of account 2 26 434
Disposal of Petition for non-prosecution 2 26 435
Security
Security to be furnished to Prothonotary and Senior
Master 2 27 437
Notice to be given opposite party 2 27 438
Particulars of Security to be furnished 2 27 439
Immovable Property offered as Security 2 27 440
Companies and Corporations as Sureties 2 27 442
Office of Sheriff of Bombay
Sheriff to serve and execute process 2 28 445
Special Baliff to execute process within limits 2 28 446
Special Baliff to execute process beyond limits 2 28 447
Time within which Writ of Summons to be lodged for
Service (45 days) 2 28 448
Date of Lodging process to be noted on process 2 28 449

Service of Notices under Section 73 and 145 and Order

21 Rule 2,16,22,34,37 to be served through sheriff 2 28 450
Sheriff to execute all warrants 2 28 451
Warrant for arrest of an insolvent 2 28 452
Writ of Summons and other processes not be served 77
on Saturday,Sunday and Holiday 2 28 454
Service at advocate office not to to be effected after 78
5.30 p.m. 2 28 455
Service on Advocates 2 28 456
Service by Parties in Person through Sheriff 2 28 457
Translation of Process to be served on person no
knowing English 2 28 458
Service of Summons or process received from the
Registrar 2 28 459

On receipt of Percept, Warrant of attachment to issue 2 28 460

Sheriff to sell property of Judgement Debtor and credit

sale proceeds to government if unclaimed for one year 2 28 478
Proclamation of sale in case of movable property 2 28 479
Proclamation of sale in case of immovable property 2 28 480

Sale of movable Property subject to certain conditions 2 28 481

Sale of Immovable Property subject to certain
conditions 2 28 482
Office of Commissioner for Taking Accounts 2 29
Copy of Decree or Order to be filed 2 29 487
Directions for filing statement of accounts,objections
and surcharges 2 29 492
Procedure in default of filing statement of account 2 29 493
Commissioner may remove matter from file on default
of Appearance 2 29 495
Commissioner may proceed ex-parte 2 29 496
Commissioner may award cost of adjournment or cost
of removal of matter 2 29 497
When reference or matter not prosecuted
Commissioner may remove same from file 2 29 498

Reference or matter not to be restored without Order 2 29 499

Procedure on refusal or neglect of a party to do same
act required to be done 2 29 500
Commissioner may obtain process for attendance or
for production of documents 2 29 501
Unofficial translation of exhibit may be furnished to
commissioner 2 29 502

Registered Clerks of Advocates on written authority

may be permitted to appear before Commissioner 2 29 503
Appearance on a claim made against the estate of a
deceased person 2 29 504
Commissioner may make interim report 2 29 505
Commissioner to report if unable to make report in
time 2 29 506
Report of Commissioner binding on parties unless
discharged 2 29 507

Procedure when no application made for confirmation 2 29 511

Procedure when receiver fails to file account etc 2 29 512

Upon account being filed notice to proceed etc to issue 2 29 513

Commissioner Certificate to binding on parties unless
discharged or varied 2 29 514
Party dissatisfied with certificate to apply by Chamber
Summons 2 29 515
Sale of Properties
Copy of Decree or Order for Sale to be filed 2 29 516
Sale to conducted by Commissioner 2 29 517

Sale to be to highest bidder offering a sufficent sum 2 29 518

Carriage of Proceedings 2 29 519
Documents of Title to be left with Commissioner and to
be subject to his directions 2 29 520
Conditions of Sale 2 29 521
Proclamation,Notification and Condition of Sale and
abstract of title by whom to be prepared 2 29 522
Settlement of Proclamation,Notification 2 29 523
Copies of Proclamation,Notification to be filled 2 29 524
Notification of the Sale 2 29 525
Proclamation of Sale and mode of Notifying sale 2 29 526
Reserved Bid 2 29 527
Valuation by approved Valuer 2 29 528
Reserve Bid not to be divulged 2 29 529
Copy of Proclamation,Notification and Condition of
Sale with translation to be posted up 2 29 530
When Condition of Sale to be published and handbills
distributed 2 29 531
Postponement of Sale 2 29 532
Notice of Postponement of Sale to be given in
Newspapers 2 29 533
When Sale Postponed a new day to be fixed 2 29 534
Advocate of party having carriage of proceedings to be
present at the Sale 2 29 535
Proclamation,Notification and Condition of Sale to be
read before Sale 2 29 536
Bid to be entered in Commissioner Notebook 2 29 537
Postponement of Sale for want of sufficent bid 2 29 538
When Property sold form of entery to be made in
Commissioner's Notebook 2 29 539
Result of Sale to be entered in bidding paper 2 29 540
Proceedings on resale 2 29 542
Leave to bid and set off 2 29 543
Leave to mortgage to bid and set off 2 29 544
Application of incumbrancer to be made a party to the
suit or to join in the sale 2 29 545
Sale of Immovable Property 2 29 546
Sale of Immovable Property 2 29 547
Application to compel delivery of abstract 2 29 548
Questions arising out of objections or requisitions 2 29 549
Determination of question whether a good title has
been made out 2 29 550
Costs of Inquiry 2 29 551
Application by Purchaser for leave to pay purchase
money into court 2 29 552
Direction for Investment of Purchase Money 2 29 554
Direction for Investment of Purchase Money 2 29 555
Investment of Purchase Money 2 29 555
Purchaser when deemed to have accepted title 2 29 556
Purchaser money not to be paid without Order 2 29 557

If sale is set aside, Purchaser is entitiled to receive back

his deposit,purchase money amount of stamp duty
with cost 2 29 558
Bidding not to be reopened 2 29 559
Result of Sale to be certified 2 29 560
Sale to be confirmed by court 2 29 561

Certificate of Commissioner and Prothonotary Senior

Master to be produced for cofirmation of Sale 2 29 562
Possession of Immovable Property 2 29 563
Possession of movable Property, Transfer of Securities
and Shares 2 29 564
Conveyance 2 29 565
Purchaser to prepare conveyance 2 29 566
Failure to return draft conveyance 2 29 567
Conveyance to be settled by Commissioner 2 29 568
Certificate of Approval 2 29 569
Proceedings to procure execution of Conveyance 2 29 570
Substitution of name 2 29 571
Substitution of name allowed after execution of
Conveyance 2 29 572
When additional price additional stampduty to be paid
into court 2 29 573
One Application to be made for the substitution of
name and confirmation of Sale 2 29 574
Extra cost of obtaining substitution of name 2 29 575

Mortgage to include sharer in property which is subject

matter of Partition suit,administration suit,partnership
suit 2 29 576
Sale by Private Contract 2 29 577
Settling Proclamation of Sale in Execution
Copy of Warrant of Sale of Property attached in
execution to be lodged in Commissioner Office 2 29 578

Commissioner may summon judgement-debtor to

attend and produce title-deeds of his property 2 29 579

Inquiry before Commissioner as to matters specified in

Order 21 Rule 66 of Civil Procedure Code 2 29 580
Notice to all person to lodge complain against attached
property 2 29 581
Time to be fixed for investigation of claim 2 29 582
Inquiry into claims 2 29 583

On completion of inquiry a list of claims to be drawn up 2 29 584

Proclamation of Sale 2 29 585
Appeal fron decision of Commissioner 2 29 586
Office of Receiver
Application for appointment of receiver 2 30 589
Security to be given by Receiver other than court
receiver 2 30 590
Fees of Receiver 2 30 591
Court receiver to charge office expense of estate 2 30 592
Investment of moneys by Court Receiver 2 30 593

Period for filing receivers account with Commissioner 2 30 594

Certified copy of Minutes of Decree or order to be
served on receiver 2 30 596
Provisons for payment of receiver cost 2 30 597
Rules in this chapter to apply to interim receiver and
administrator 2 30 598
Taxation and Advocate Fee 2 31
Taxation and Advocate Fee 2 31 606
Office of Translator and Interpreter 2 32
When documents sent for Translation 2 32 620
Deposit to cover fees 2 32 621
Procedure when reader assistance is required 2 32 622
Translation from Dictation of Reader inadmissible in
Evidence 2 32 623
If transcript is incorrect cost of fresh translation 2 32 624
Inspection of document lodged in Chief Translator
Office 2 32 625

Translation of Document in possession of Other side 2 32 626

Copy of Translation to be furnished to other side 2 32 627
Intimation of Change of Advocate to be given to the
Office 2 32 628
Translation when admissible 2 32 630
Translation may be Ordered by court 2 32 631
Sanction for immediate Translation 2 32 632
Translators Office to translate documents put in
subject to translation 2 32 633
Rule for Issue of Writ under Article 226 of the
Constitution other than Habeas Corpus 2 33

Application for Writ under Article 226 of Constitution 2 33 636

Rule Nisi 2 33 637
Interim Order 2 33 639

Service of copy of Petition and documents on

Respondent when interim Orders prayed for
(One Clear day before Application is made) 2 33 640
Service of Rule Nisi 2 33 641
Answer to the Petition 2 33 642
Service of rule on other parties 2 33 643

The court may allow outsider to appear in certain cases 2 33 644

No further Affidavits is allowed 2 33 645
Adjourment for examination of Witnesses 2 33 646
Execution of Orders 2 33 647
Cost of Appeal may be quantified 2 33 648
Rules relating to references under Land Acquisition
Act 1894 2 34 649 to 655
Rules relating to references and Applications under
256 of Income Tax Act 1961 2 35 656 to 669
Rules relating to references and Applications under 27
of Wealth Tax Act 1957 2 36 670 to 681
Rules relating to references and Applications under 64
of Estate Duty Act 1953 2 37 682 to693
Rules relating to references and Applications under 26
of Gift Tax Act 1958 2 38 694 to 705
Rules relating to references and Applications under 61
of Bombay Sales Tax Act 1959 2 39 706 to 718
Rules under Banking Regulation Act 1949 2 40 719 to 743
Notice of Petition 2 40 722
General duties and Powers of Special Officer 2 40 723
Inspection of Report of Reserve Bank of India 2 40 724
Application in winding up to be by Petition 2 40 725
Notice of Petition 2 40 726
Affidavit in Answer 2 40 727
Directions at the hearing of the Petition 2 40 728
Transfer of Suits and Proceedings to the High Court 2 40 729
List of Debtors 2 40 732
Settlement of List of Debtors 2 40 735
Register of Suits in Winding up matters 2 40 737
Civil Appeals

Appeals to High Court to be heard by Division Bench 2 40 744

Period within which Appeal should be filed (30 days) 2 2 40 745

Criminal Complaints 2 40 747 to 753
Criminal Appeals 2 40 754 to 771
Rules under Arbitration Act 1940 2 41
Title of Application 2 41 772
Mode of Application 2 41 773
Contents of Application 2 41 774
Fees of Arbitrator 2 41 775
Issue of Notice under Section 20 2 41 783
Filing of Award 2 41 784
Arbitrator to make Affidavit 2 41 785
Notice of Filing Award 2 41 786
Passing of Judgement and Decree on Award 2 41 787
Rules under Arbitration (Protocol and Convention Act
1937 2 42 790
Mode of Application 2 42 791
Contents of Petition 2 42 792
Stay of Proceedings under Section 3 of the Act 2 42 793
Enforcement of Foreign Award. Documents to be
produced with Petition 2 42 794
Procedure to be followed in case of Non-Production of
document with Petition 2 42 795
Code of Civil Procedure and High Court Original Side
Rules to apply 2 42 796
Rules under Foreign Awards (Recognition and
Enforcement) Act 1961 2 43 797 to 803

Rules Relating to Arbitration and Concillation Act 1996 2 43-A

Title of Application 2 43-A 803-A
Mode of Application 2 43-A 803-B
Contents of Petition 43-A 803-C
Fees of Arbitrator 2 43-A 803-D
Notice of Filing Application to persons likely to be
affected 2 43-A 803-E
Processes to be issued on Application by Arbitrator or a
party 2 43-A 803-F

Rule 313 to 318,323 to 329, 333 to 344,345to 354 of

this Rules with consequential changes shall apply to
enforcement of award under the said Act 2 43-A 803-G

The Execution Application in the prescribed form for

enforcement of Award should be accompanied by
Affidavit in support which shall contain statement
whether an application has been made for setting aside
the Award and if so a copy of Order passed on such
application annexed to Affidavit 2 43-A 803-H

Upon the receipt of Execution Application in prescribed

form alongwith Award or a certified copy same shall be
processed as provisons of Order 21 2 43-A 803-I

The Execution Application should be presented to

Original Side Bombay High Court if the person against
Award is executed resides within Jurisdiction of
Original Side Bombay High Court 2 43-A 803-J

The Execution Application should be presented to

Concerned court if the person against Award is
executed resides within Jurisdiction of court which
person resides 2 43-A 803-K
Rules under Indian Divorce Act 1869 2 44
Contents of Petition and Prayer 2 44 804
Marriage Certificate to be annexed to Petition 2 44 805
Verification of Petition 2 44 806
Co-respondent in Husband Petition 2 44 807
Intervener in Wife's Petition 2 44 808
Notice to appear and answer 2 44 809
Service of Petition and Notice 2 44 810
Answer to the Petition (Intervener) 2 44 811
Answer to be Verified and to be served to parties
concerned 2 44 812
Suit may be stayed or proceeded with 2 44 813
Service of Decree for Dissolution of Marriage 2 44 814
Service of Decree containing collateral matters 2 44 815
Service of Decree for judicial sepration or restitution of
conjugal rights 2 44 816
How cause shown after Decree nisi 2 44 817
Affidavits in reply and rejoinder 2 44 818
Decree absolute when to be made 2 44 819
Application for Decree absolute how to be made 2 44 820
Decree absolute,Parties not necessary 2 44 821
Alimony, Maintenance and Custody of Childern 2 44

Application Alimony, Maintenance and Custody of

Childern, Removal of Child outside Jurisdiction 2 44 822
Provison for Wife's Cost 2 44 823
Rules under Trade and Merchandse Marks Act 1956 2 45
Definitions 2 45 824
Title of Applications and Appeals 2 45 825
Mode of Application 2 45 826
Disposal by Judge in Chambers 2 45 827
Service on Registrar 2 45 828
Record of case in Appeal 2 45 829
Reference under Section 107(2) 2 45 830
Appeals under sections 108(3) and 109(5) of the Act 2 45 831
Procedure for withdrawal of Appeal under Section
109(7) 2 45 832
Notice .How to be given 2 45 833

Copy of Judgement and Order to be sent to Registrar 2 45 834

Code of Civil Procedure and High Court Original Side
Rules to apply 2 45 835
Rules under the Insurance Act 1938 2 46
Applications and Appeals 2 46 836
Mode of Application 2 46 837
Disposal of Petition 2 46 838
Application under Section 47 2 46 839
Costs 2 46 840
No payment into Court without leave where action is
pending 2 46 841
Notice of Payment into Court 2 46 842
Procedure regarding disposal of claim 2 46 843

Insurer not to be served unless cost asked against him 2 46 844

Rules under Transfer of Property Act 1882 2 47
Application under Section 83 of Transfer of Property
Act 2 47 845
Payment into Court of Costs and expenses under
Section 83 or any subsequent section 2 47 846
Order for Payment of money into Court under Section
83 2 47 847
Notice under Section 83 to be served by Prothonotary
Senior Master 2 47 848
Notice of Payment under Order 34 of CPC to be given
by the person making such payment 2 47 849
Application by Mortgagee 2 47 850
Interest not to be allowed to the mortgagee in certain
circumstances 2 47 852

Application for Withdrawal of moneys from Court

under Section 83 or any subsequent section 2 47 853
Certificate of Sale and Conveyance 2 47 854
Enforcement of Order under this Chapter 2 47 855
Rules relating to Sales by Commissioner to apply to
Sales under CPC 2 47 856
Rules under Indian Trust Act 1882 2 48
Investment of Trust Money 2 48 857
Rules under Power of Attorney Act 1882
Presentation of Petition to Prothonotary and Senior
Master 2 49 858
Execution of Power of Attorney to be Verified 2 49 859
Receipt to be given on Power of Attorney being
deposited 2 49 860
Payment of Fees for Inspection or certified copies of
Instrument so deposited 2 49 861
Rules Relating to case under the Chartered
Accountants Act 1949 2 50
Case under Section 21 to be filed in Prothonotary
Office 2 50 862
Appeal or revision applicatio under section 22 of Act to
be by Petition 2 50 863

Appeal or revision to be filed in Prothonotary office 2 50 864

In a reference under Section 21 of the Act,Council
forward papers to Court 2 50 865
Services of Notices 2 50 867

In Appeal or Revision under Section 22 Council shall

forward all papers to this Court on being served with
Notice 2 50 868
Cases to be heard by bench of Two Judges 2 50 869
Review 2 51
Memorandum of Review (Form 90),(Rule 42) 2 51 871
Copy of Decree or Order need not accompany
memorandum pf Review 2 51 872
Contents of such memorandum 2 51 873
Certificate of Advocate for ground of review 2 51 873-A
Filing of such Memorandum and Motion 2 51 874
Procedure when Judge has ceased to be Judge of that
Court or sits at Particular Bench 2 51 875
Appeals 2 52
Appellate Court 2 52 876
Memorandum of Appeal 2 52 877
Copy of Decree or Order need not accompany
memorandum pf Appeal 2 52 878

Court may dismiss appeal without notice to respondent 2 52 879

Prothnotary and Senior Master to accept
Memorandum 2 52 881
Appeal to be placed for dismissal on failure to serve
notice of appeal 2 52 887
Application for Notes of Evidence 2 52 888
Appellant to lodge Index of Appeal Paper Book 2 52 889
Contents of Appeal Paper Book where Appeal is from
Decree 2 52 892
Contents of Appeal Paper Book in Other cases 2 52 893
Number of Documents of similar nature 2 52 894
Appeal Paper Book 2 52 895
Style and Size of Paper Book when Printed 2 52 897
English Translation 2 52 898
Time for Filling Appeal Paper Books 2 52 902
Ommission to file Appeal Paper Books 2 52 903
Interlocutory Applications in Appeals 2 52 904
When Cross Objection under Order 41 Rule 22 of CPC
may be treated as Cross Appeal 2 52 907
Time for filing cross Objectons under Order 41 Rule 26
of CPC 2 52 908
Appeals to Supreme Court 2 53 909 to 923
Transfer of Cases under 139-A of the Constitution 2 53-A
Audit of Accounts 2 54
Audit of Accounts of Court Receiver,The Offices of
Prothonoary and Senior Master etc 2 54 924
ADMIRALTY JURISDICTION 3
Criminal Jurisdiction 4
Constitution of Court and Sittings 4
Application for Bail 4
Miscellaneous 5
Rejection of Plaint, Memo of Appeal,Execution
Application, and Application and Petition of Original
Nature for non-removal of Office Objections 5 986
Application for winding up under Companies Act 1956
in respect of certain areas of Maharashtra 5 986-A
General Clauses Act 1897 and Section 2 of Civil
Procedure Code to apply 5 987

Rules relating to Trade and Merchandise Act 1958 to

apply to this Petition under the Patent Act 1970 5 987-A

In cases provided for, present pratice to be followed 5 988

Forms to be used 5 989
Short Title,Commemcement and Applicability 5 990
Rules Relating to References and Applications under 992 to
Section 130 of the Customs Act 1962 5 55 1003

Rules Relating to References and Applications under 1004 to

Section 35 of the Central Excises and Salt Act 1944 5 56 1015
Rules Relating to References and Applications under 1016 to
Section 82 of the Gold (Control) Act 1968 5 57 1027

Rules to regulate Proceedings for Contempt under

Article 215 of Constitution of India and the Contempt 1028 to
of Courts Act 1971 5 58 1033
Part-I 5 58 1031
Part-II 5 58 1032
1033 to
Cognizance and Procedure 5 58 1048
1049 to
Enquiry 5 58 1052

When a person is charged with Contempt is adjuged

guilty and is sentenced to suffer imprisionment a
Warrant of Commitment and detention shall be made
out under signature of Prothonotary or registrar or
Officer on duty as case may be 5 58 1053
 Bombay High Court (Appellate
Bombay City Civil Court Rules Side Rules)
Part Chapter Rule Part Chapter Rule

2 32
3 32
1 1 2
1 1 1 2 32

1 1 3

1 5 45 3 4 1

1 1 2 3 4 4,5,6,7

1 6 51

1 6 51-A

1 6 52

1 6 53

1 1 10

1 6 63
1 6 56

1 6 57
1 6 58

1 6 65
1 4 43©,65

1 6 60

1 4 40 to 42
1 4 43
1 4 44
1 7 79

1 7 81

1 20 209
1 20 208

1 9 96 to 110 2 3 1to 11

1 9 97 2 3 1
1 9 100

1 9 101
1 9 98
1 9 102
1 9 99
1 9 109

1 9 103
1 9 105
1 9 99

1 9 96

1 1,9 13,119

1 10 111 to 118
1 19 196-205
1 19 197

1 16 175 to 181

1 17 182-186
2 25

1 4 32
1 22 217-255
168

1 22 219
1 22 220

1 22 160,244
1 22 245

1 22 221
1 22 224

1 22 224-a

163
1 22 166,225

1 22 227
1 22 347
1 22 347

1 22 248

1 22 249
1 23 252-347

1 23 256
1 23 299

1 23 285

1 23 286

1 23 287
1 23 331

1 23 290
1 23 290

1 23 313

1 23 316
1 23 318
1 23 318
1 23 319
1 23 321
1 23 316

1 23 315
1 23 330

1 23 290-A,322
1 23 291,323
1 23 324
1 23 325
1 23 326
1 23 327
1 23 328
1 23 336

1 23 338

166

194
 2 17 1(i)

1 25 359-A 2 10 17

1 27 1(i) to (iii)

2 24-A
2 7 18

2 23-A

2 26
2 23&23-A

4 34
 Bombay City Civil Court Rules
Sr. No. Particulars Part Chapter Rule Form No
Procedure and Practice 1 1
Advocate to have precendence interse
according to senority 1 1 1
Shall not appear and plead for parties on
both sides 1 1 2
Office Hours 1 2 3
Summary Suits 1 2 13
List of Long Causes 1 2 15
Transfer of Suit abated to Suit List A 1 2 16

Transfer to Stayed List B of Suits where

no postponement date fixed and
commission issued 1 2 17

Transfer to Stayed List B of Suits where

chamber summons with interim suit
stayed 1 2 18
Office copy of records and search 1 2 19
Translator Office Translators and
Interpreters 1 2 20
Furnishing Copy of Photographs to other
side 1 2 31
Exercise of Jurisdiction 1 3
Commercial Causes 1 3 32
Motion 1 3 35
Chamber Business 1 4 37
Judges Summons 1 4 40 7
Length of Service 1 4 41
Mode of Service 1 4 42
Chamber Work 1 4 43
Affidavit on Summones 1 4 44
Institution of Suit 1 5
How Plaint is to be written 1 5 45 1
Appearance and Particulars of claim 1 5 47 2
Endorsement on Admission 1 5 48
Hearing of other Applications 1 5 49
Copy of Plaint to be furnished to
defendant 1 5 50

Party engaging with more than one

advocate shall furnish the name with
whom correspondence should be carried
on 1 5 50-A
Writ of Summons 1 6
Summons to Defendant 1 6 51 3,4,5,9
Name and Address of Advocate to be
stated in every process 1 6 51-A
Returnable date of Summons 1 6 53

Hearing of Suit not to be until certain

days after service of Summons 1 6 54

Statement in Margin of Summons Suit

may be dismissed if not lodged with 36
days of filing of Plaint 1 6 55
When service of process by registered
post 1 6 55-A
Undertaking by Advocate 1 6 56
Single Writ of Service if advocate appears
for number of defendants 1 6 57

Procedure on ammendment of summons 1 6 58

Notice of Written Statement in summons

when called for (in four weeks) 1 6 59

Appearance of Defendant or Vakaltnama

(Form 10 Counter Claim) 1 6 61 10

In default of Written Statement

Defendant may appear with consent of
Judge 1 6 62
When service through another court 1 6 64
Substituted service 1 6 65
Written Statement by Plaintiff 1 6 67
Documents relied upon to be referred to
in schedule 1 6 68
Documents not receiveable unless so
referred to 1 6 69
Court or judge may disallow set off 1 6 70
Payment with denial of liability 1 6 71
Form of Notice of such payment 1 6 72 11

Furnishing copies of Written Statement

when there are more than one set of
Defendant 1 6 73-A
Further written statement by leave may
be filed 1 7 74
Registrar may draw up order of dismissal
or withdrawal of suit 1 7 75,76 14,15
Ex-Parte ammendments 1 7 77
Discovery and Inspection
Agent to make Affidavit when none of
the parties reside in Bombay 1 7 79

Notice for an Order for Interrogatories 1 7 81

Service of Order of Discovery 1 7 82

Service on advocate on Order for

Interrogatories or discovery or inspection 1 7 83
Discovery against Sherrif 1 7 84
Adjourment 1 8
Witnesses 1 8 23

Blank Witness Summons,when issued 1 8 92

Howmany names in one Summons 1 8 93
Order necessary for summons to witness
outside local limits 1 8 94
Order necessary for production of Public
Document 1 8 94-A
Payment of Expenses and allowance of
Witness 1 8 95
Affidavits 1 9
Affidavit to include Plaint 1 9 96
Title of Affidavit 1 9 97
Before Whom Affidavit to be Sworn 1 9 98
Place of taking Affidavit to be stated
when taken outside House 1 9 99
Form of Affidavits 1 9 100
Description and abode of deponent to be
stated 1 9 101
Affidavit by Two or more deponents 1 9 102
Filing of Affidavits 1 9 103
Scandalous Matters 1 9 104
Alteration in Affidavit 1 9 105
Affidavit by blind person 1 9 106
Use of Defective Affidavit 1 9 107

Every Exhibit to be dated and inialled 1 9 109

Officers to attend in rotation for affidavit
outside court house 1 9 110
Commercial Causes
What are Commercial clauses 1 10 111
Lodging of Plaints 1 10 112
Application for Transfer to Commercial
List 1 10 114
Transfer of Short Causes and Summary
Suits to Commercial List 1 10 114-A
Interlocutory Proceeedings 1 10 115
Form or Order for Transfer (Form 24) 1 10 116
Subsequent Application 1 10 117

Judgement for want of Written

Statement or points of Defence in
Commercial Causes 1 10 118
Summary Suits
Appearance of Defendant. Summons for
Judgement 1 11 119 35
Interlocutory Proceeedings 1 11 119(2)
Default in filing appearance 1 11 119(3)
When no decree applied for within six
months 1 11 119(4)
Judgement for Part of Claim 1 11 120
Where one Defendant has good defence
but other not 1 11 121
Form of Summons for Judgement (Form
6) 1 11 122 6
Default in completing security 1 11 123
Setting down Summary Suit 1 11 124

Continuance of a suit as a Pauper Suit 1 11 124-A

Pauper Suits 1 12 125-127
Application by Pauper for leave to be by
Petition 1 12 125
Proceedings at the Hearing of Suit upon
and Inclusive of Decree 1 13 25,26,27
Suit to be set down for final disposal at
First hearing 1 13 128
Formal Order for Posponement unecessar 1 13 129
Form of Oaths 1 13 130
Proceedings in another suit how put in
evidence 1 13 131
Return of Exhibits 1 13 132
Application for return exhibits must be
made within ten days 1 13 133
No decree unless suit on board 1 13 134
Contents of Decree 1 13 135

Extent of Order for payment out of fund 1 13 136

Decree for Maintainance 1 13 137
Draft Decree or Order to be submitted to 1 13 138
Setting down suit on board to speak to
minutes 1 13 139
Variation in Decree by Court 1 13 140

Errors how rectified after decree sealed 1 13 141

Drawing up Interlocutory Orders 1 13 141-A
Time 1 14
Computation of Time 1 14 142
Time for giving security for costs when
not to be reckoned 1 14 144
Power of Court or Judge to enlarge or
abridge time 1 14 145
Execution of Decrees and Orders 1 15 45

Application to be made to the Registrar 1 15 146 38

Transmission of decree on affidavit 1 15 147
Provision when Decree more than years
old 1 15 148
Stay of Execution of Transmission 1 15 149 39,40
Transmission of Decree in Two or more
districts 1 15 150
When insufficient amount realized in first
district 1 15 151
Also in second succeding district 1 15 152
When Sufficient amount realized in
execution 1 15 153
Form of Application for execution 1 15 154
Copy of Decree to accompany 1 15 155

Registrar not to issue execution

simultaneously against person and
property 1 15 156
Notice under Order 21 Rule 22 of CPC 1 15 157 42
Procedure on return of notice 1 15 158
Procedure when cause allowed or
disallowed 1 15 159
41,42,43,
Issue service and return of notice 1 15 160 44,46
Application for Receiver in execution of
decree 1 15 161
Cost of execution to be specified on
warrant of arrest 1 15 162 48

49,50,51,
52,53,56,
57,58,59,
Warrant of attachment 1 15 163 60,66
Payment into court 1 15 164
Payment out of court to be notified 1 15 165

Fresh application necessary (warrant for

sale is not taken out within a year of
warrant of attachment) 1 15 166
Reference to judge on refusal by
registrar 1 15 167
Procedure on realization by Sheriff 1 15 168 65
Notice to all persons claiming the share
to attend judge in chambers 1 15 169 47
Procedure on such notice 1 15 170
On realization of monthly pay frequent
certificates not to issue 1 15 171
Procedure when judgement creditor
neglects to get certificate 1 15 172
When such judgement creditor alone
entitled to payment 1 15 173

Procedure in case of doubt or difficulty 1 15 174

Garnishee Orders 1 16 175 to 181

Procedure when debt or any immovable

property not in possession of judgement
debtor 1 16 175 62
Procedure when garnishee doesnot
forthwith pay amount etc 1 16 176
Procedure when garnishee disputes his
liability 1 16 177
Procedure when debt or property
belongs to a third person 1 16 178 12,13

Order be made on hearing such person 1 16 179

Payment or delivery under order to be a
valid discharge 1 16 180
Attachment of debts owing from firm 1 16 181
Minor and Persons of Unsound Mind

When a suit is brought on behalf of

minor the next friend shall make affidavit 1 17 182
Procedure by Petition when defendant is
minor 1 17 183 70
Person eligible to be guardian ad litem 1 17 184 71
Procedure when stranger appointed 1 17 185
Service of summons on guardian 1 17 185
Application of rules 182-185 to persons
of unsound mind 1 17 186
MOTIONS- INJUNCTION 1 18 187-193
Injunction Order may be made by Notice
of Motion 1 18 187 8

Service of Notice of Motion. Affidavits

when to be filed and served 1 18 188
When such notice of motion be served
with permission of court 1 18 189

What affidavits can be used for argument 1 18 190

Notice for production of record 1 18 191

Procedure in applying for interim relief 1 18 192

Undertaking to pay damage to be given
by party appplying for same 1 18 193
Receiver 1 194 36
Arrest and Attachment Before
Judgement 1 19 196-205 72,,73,74,75
Arrest and Attachment Before
Judgement 1 19 196
Conditional attachment duration of 1 19 197
Security Procedure 1 19 199
Security to produce title deeds and make
affidavit 1 19 200
Contents of Affidavit 1 19 201
More than two sureties irregular 1 19 202
When Principal may be rendered 1 19 203
Procedure on render of surrender of
principal 1 19 204
Stay of Proceedings 1 19 205

Examination De Bene Esse Commissions 1 20

Commission for examination of witness 1 20 206

Interrogatories when to be filed 1 20 207 16
Preparation of Commission 1 20 208 76,77
Deposit of Fees of the Commissioner 1 20 209
Procedure in examination of Witness 1 20 210
Deposition of witness to be read over
and signed by him 1 20 211
Receipts and payment by Officers of
Bombay City Civil Court 1 21 211
Sheriff's Office 1 22 217
Special warrant to execute process
within limits 1 22 218
Time within which summons to be
lodged for service 1 22 219

Noting of date on summons and process 1 22 220

Service to be before 4.15 p.m. 1 22 223
Service by Parties in Person 1 22 224

Whether translation of Process necessary 1 22 224-A

Issue of precepts and warrants and
payment of fees 1 22 225 69
Deposit with warrant of arrest 1 22 226
Release of person or estate or property
attached 1 22 227
Release of Judgement debtor on request
of judgement creditor 1 22 228
Orders for withdrawal or raising of
attachment 1 22 241
Payment direct to Execution creditor or
his advocate 1 22 241
Battaki when beaten up 1 22 243
Service of certain notice 1 22 244
Sheriff to execute all warrants 1 22 245
Proclamation under Order 11 Rule 66 of
CPC 1 22 246
Proclamation under Order 21 Rule 66 of
CPC 1 22 247
Sale of movable Property subject to
certain conditions 1 22 248
Sale of Immovable Property subject to
certain conditions 1 22 249
Office of Commissioner for Taking
Accounts etc 1 23 252 34
Rules for Commissioner for Taking
Accounts
Warant to consider to be taken out on
filing decree or order 1 23 253
Service of suummons on parties
concerned 1 23 254

Manner of execution of decree or order 1 23 255 68

Commissioner may proceed ex-parte 1 23 256
Application to court on certificate for
performance of some act or in default
for attachment 1 23 257
Who is entitled to appear on claim
against estate of deceased 1 23 258

Commissioner may obtain process for

attendance or for production of
documents 1 23 259

Commissioner may make separate report 1 23 260

Commissioner may make special opinion
of court 1 23 261

Report of commissioner is binding on

parties unless discharged or varied 1 23 262

Exceptions ro be filed and served within

20 days on abandonment by party filing
them another party may proceed with
them 1 23 263
Rules apply to special commissioner 1 23 264
Disposal od suit without report to be
notified to commissioner 1 23 265

In case where no proceeding have been

taken for (three months) Commissioner
to certify to registrar and to remove
reference from his file 1 23 266
Special to be given by receiver unless
otherwise ordered 1 23 267
Fees of Receiver 1 23 268
Receiver to charge office expenses to
estate 1 23 269
Investment of money by Receiver 1 23 269-A
Form of Receivers Accounts 1 23 270 78
Period for filing the Receiver's account
with the Commissioner 1 23 271(1)
Period for filing the Receiver's account
with the Commissioner 1 23 271(2)

Days for passing accounts and payment

of balance to be fixed on commissioner 1 23 272
Upon account being filed a warrant to
proceed etc to issue 1 23 273
Consequence of default by receiver 1 23 274
Certificate of Receivers Account 1 23 275
When Certificate becomes binding
Application to discharge or vary it 1 23 276
Discharge or variation of certificate after
lapse of any item 1 23 277
Certificate from the Commissioner 1 23 278
Accountant General Receipt to be
produced before commissioner 1 23 279
Bond by Guardian or next Friend 1 23 280 79
Copy of Decree or Order for Sale to be
filed 1 23 281

Sale to be conducted by or with the

approbation of the Commissioner by
Public Auction 1 23 282
Sale to the best Purchaser offering a
sufficent sum 1 23 283
Conduct of Proceedings 1 23 284

Documents of title to be left with

commissioner and to be disposed under
his direction 1 23 285 28
Mode of notifying sale of property 1 23 286
Condition of Sale 1 23 287 80,81

Notification and condition of sale and

abstract of Title by whom to be prepared 1 23 288
Notification of Sale 1 23 289
Sale of movable Property 1 23 290
Settlement of notification and conditions
and abstract 1 23 291
Reserved Bidding 1 23 292
Mode of certifying and verifying 1 23 293
Reserved Bidding not to be divulged 1 23 294
Copy of notification and condition and
abstract to be filed 1 23 295
Copy of notification and condition with
translation to be posted up 1 23 296

When condition of sale to be published

and hand bills distributed (related to
286) 1 23 297
Adovocate conducting the Proceeding to
be present at the Sale 1 23 298
Sale 1 23 299
Bidding to be entered in Commissioner's
Notebook 1 23 300
Postponement of sale for want of
sufficent bidding 1 23 301
When property sold to form entry to be
made in Commissioner's Notebook 1 23 302

Bidding Paper to be signed by Purchaser 1 23 304 82

Or his agent 1 23 305
Postponement of Sale otherwise than
under rule 1 23 305-A
When sale is postponed a new day to be
fixed 1 23 306
Proceedings on a postponed sale or a re-
sale 1 23 307
Result of Sale to be certified 1 23 308
Certificate of Sale to be confirmed by the
Court 1 23 309

Certificate of Commissioner and

Registrar required for confirmation of
Sale 1 23 310
Possession of Immovable Property 1 23 310-A 64
Application to compel delivery of
abstract 1 23 311
Question airising out of objections or
requisitions 1 23 312
Enquiry whether a good title can be
made 1 23 313
Costs of the enquiry 1 23 314
If sale set aside,purchaser entitled to
receive back his deposit 1 23 315

Application by Purchaser for leave to pay

his purchase money into court 1 23 316
Application by any other party against
defaulting purchaser 1 23 317
Direction for investment of Purchase
Money 1 23 318
Purchase money to remain uninvested
until otherwise ordered 1 23 319
Not to be paid out without an Order 1 23 320
Purchaser when deemed to have
accepted the title 1 23 321

Possession of Movable property,Transfer

of Security and shares 1 23 322
Conveyance 1 23 323
Purchaser to prepare conveyance 1 23 324
Failure to return draft conveyance 1 23 325
Conveyance to be settled by
Commissioner 1 23 326
Certificate of Approval 1 23 327
Proceedings to procure execution of
Conveyance 1 23 328
Bidding not to be opened 1 23 330
Leave to bid 1 23 331
Special Certificate 1 23 332

Application of incumbrancer to be made

a party to the suit or join in the Sale 1 23 333
Substitution of name 1 23 334
Not allowed after execution of
Conveyance 1 23 335
When additional price if any to be paid
into court 1 23 336

One Application may be made for

substitution of names and confirmation
of Sale 1 23 337
Sale by Private Contract 1 23 338

Copy of warrant of property attached in

execution to be lodged in Commissioner
Office 1 23 339

Commissioner may issue summons on

judgement debtor to attend and produce
and lodge all title deeds of property
proposed to be sold 1 23 340

Enquiry before the Commissioner also as

to matter specified in Order 21 Rule 66 of
CPC 1 23 341

Commissioner shall also issue notice to

all persons having rights to such property
to lodge claims on oath 1 23 342
Claim to be registered day to be fixed 1 23 343
Enquiry of such claim result thereof to be
included in proclamation 1 23 344
On investigation a list of claims to be
drawn up 1 23 345

Appeal from Decision of Commissioner 1 23 346

After Investigation Commissioner to
prepare proclamation of Sale 1 23 347 85
Sales by Court receiver 1 23 347-A
Procedure when order not filed within
proper time 1 23 348
Certificate of no execptions to vary or
discharge report 1 23 349
Setting down of suit for hearing on
execption to Commissioner's Report 1 23 350
Procedure when no application made for
confirmation 1 23 351

Commissioner to include to anyother

qualified officer appointed by Chief
Justice 1 23 352
THE AUDITS OF THE ACCOUNTS OF
OFFICERS OF THE COURT 1 24
Audit of Accounts of Registrar,
Commissioner 1 24 353
Audits to be Half Yearly. Report to
Principal Judge 1 24 354

In case of difference the matter to be

disposed by Principal Judge or Judge
appointed by Principal Judge 1 24 355
MISCELLANEOUS MATTER 1 25
Petitions how verified 1 25 356
Service of Process 1 25 357
Business in Vacation 1 25 358
Advocate responsibility for (Liberty to
Withdraw) 1 25 359
Notice of Change of Advocate 1 25 359-A
Notice of Discharge to client 1 25 359-B
Duration of Advocate Retainer 1 25 360
Security for costs by Plaintidd
temporarily within Jurisdiction 1 25 361
Insurance companies as sureites 1 25 362
PARTY IN PERSON 1 25 363
COSTS 1 25 364
CHARGES FOR SEARCH 1 25 365
Certified copies of documents to party to
suit or matter 1 25 365(2)
Certified copies of documents to person
not a party to suit or matter 1 25 365(3)

Application to state whether copy is

required for private use or otherwise 1 25 365(4)
Application for copies liable to stamp
duty 1 25 365(5)
Date of presentation of application for
certified copy by post 1 25 365(6)
Application to state Number,Year,
Names of Parties 1 25 365(7)
Charges for Certified Copies 1 25 365(8)

Head Copyist ro receive application and

deposit for certified copies to endorse
date of presentation to issue receipt 1 25 365(9)
Head Copyist to estimate, Applicant to
deposit further amount 1 25 365(10)
Procedure for dealing with application
for Certified Copy 1 25 365(11)

Application for supplying certified copies

in ordinary course and urgently to be
entered in separate registers 1 25 365(12) 86

Work of preparing off certified copies to

be taken in same order as received and
reflected in register 1 25 365(13)
Charges for notes of evidence 1 25 365-A
Forms to be observed 1 25 366
Civil Manual to apply when not
inconsistent with Rules or Act 1 25 367

Affidavit of Documents 17
Notice to produce documents for
Inspection 18

Notice fixing time to inspect documents 19

Notice to admit documents 20
Final Decree in Foreclosure suit or suit
for Sale 29
Final Decree in Suit for Sale 30
Preliminary Decree on Mortgage,
Mortgage in Possession 31

Decretal Order in Administration Suit 32

 THE GENERAL CLAUSES ACT 1977
(Act No. XX of Samvat 1977)

CHAPTER SECTIONS PARTICULARS

An Act for shortening the language used in Laws in force in the

State and for
other purposes.
Whereas it is expedient to shorten the language used in laws in
force in
the State and to make certain provisions relating to such laws ; It is
hereby
enacted as follows:––

Preliminary
1 1. Short title, extent and commencement.––(1) This Act may be
called the
General Clauses Act, 1977.

(2) It extends to the whole of Jammu and Kashmir State. It shall

2 come into
force on the Ist day of Baisakh, 1978.
be introduced, unless there is anything repugnant in the subject or
context,––
(1) Abet.—“Abet”, with its grammatical variations and cognate
expressions,
shall have the same meaning as in the Ranbir Penal Code ;
(2) Act.—“Act”, used with reference to an offence or a civil wrong,
shall include
a series of acts, and words which refer to acts done extend also to
illegal omissions ;
(3) Affidavit.—“Affidavit”, shall include affirmation and declaration
in the case
of persons by law allowed to affirm or declare instead of swearing ;
(4) Barrister.—“Barrister”, shall mean a barrister of England or
Ireland, or a
member of the Faculty of Advocates in Scotland ;
1
[(5) British India.—“British India” shall mean, as respects the period
before
the commencement of Part III of the Government of India Act,
1935, all territories and places within His Majesty’s dominions
which were for the time being governed
by His Majesty through the Governor General of India or through
any Governor or
officer subordinate to the Governor General of India, and as
respects any period
after that date and before the date of the establishment of the
Dominion of India,
means all territories for the time being comprised within the
Governor’s Provinces
and the Chief Commissioner’s Provinces, and as respects any
period after the date
of the establishment of the Dominion of India and promulgation of
the Adaptation
of laws Order, 2008, all territories comprised in a State specified in
part A of the First
Schedule to the Constitution of India and the States of Ajmere,
Coorg and Delhi ;]
Majesty’s dominions, exclusive of the United Kingdom, and, where
parts of those
dominions are under both a central and a local legislature, all parts
under the central
legislature shall, for the purposes of this definition, be deemed to
be one British
possession ;
(7) Chapter.—“Chapter” shall mean a Chapter of the Act or
Regulation in
which the word occurs ;
1
[(7-a) Repealed] ;
2
[(8) Collector.—“Collector” shall mean, the Deputy Commissioner
of a
district ;]
(9) Commencement.—“Commencement” used with reference to
an Act or
Regulation, shall mean the day on which the Act or Regulation
comes into force ;
(10) District Judge.—“District Judge” shall mean the Judge of a
principal
Civil Court of original jurisdiction, but shall not include the High
Court in the
exercise of its ordinary or extraordinary original civil jurisdiction ;
(11) Document.—“Document” shall include any matter written,
expressed
or described upon any substance by means of letters, figures or
marks, or by more
than one of those means which is intended to be used, or which
may be used, for
the purpose of recording that matter ;
3
[(11-A) Enactment.—“Enactment” shall include any provision
contained in
any Act ;]
Definations (12) Father.—“Father”, in the case of any one whose
personal law permits
adoption, shall include an adoptive father ;
1
[(13) Financial year.—“Financial year” shall mean the year
commencing on
the Ist day of April ;]
(14) Good faith.—A thing shall be deemed to be done in “good
faith” where
it is in fact done honestly, whether it is done negligently or not ;
2
[(15) Omitted] ;
3
[(16) Government of India.—“Government of India” shall—
(a) in relation to anything done before the commencement of the
Constitution
of India, mean the Governor General or the Governor General in
Council as
the case may be ; and
(b) in relation to anything done or to be done after the
commencement of
the Constitution of India mean the President ;]
(17) His Majesty or the King.—“His Majesty” or “the King” shall
include his
successors ;
4
[(18) Repealed] ;
(19) Immovable property.—“Immovable Property” shall include
land, benefits to arise out of land, and things attached to the earth,
or permanently fastened
to anything attached to the earth ;
(20) Imprisonment.—“Imprisonment” shall mean imprisonment of
either description as defined in Ranbir Penal Code ;
India, all territories for the time being comprised in the territory of
India ;]
1
[(21-A) Indian State.—“Indian State” shall mean—
(a) as respects any period before the commencement of the
Constitution
of India any territory which the Government of India recognized as
such a State ; and
(b) as respects any period after the commencement of the
Constitution of
India, any territory comprised in a State for the time being
specified in
Part B of the First Schedule to the said Constitution or comprised in
the
States of Bhopal, Bilaspur, Cooch-Behar, Himachal Pradesh, Kutch ,
Manipur and Tripura ;]
(22) Local authority.—“Local authority” shall mean a municipal
committee or
other authority legally entitled to, or entrusted by the Government
with, the control
or management of a municipal or local fund ;
(23) Magistrate.—“Magistrate” shall include every person
exercising all or
any of the powers of a Magistrate under the Code of Criminal
Procedure for the time
being in force ;
2
[(24) Minister.—“Minister” shall include the Chief Justice and a
Judge of the
High Court of Judicature ;]
(25) Month.—“Month” shall mean a month reckoned according to
the
3
[Gregorian calendar ;]
(26) Movable property.—“Movable property” shall mean property
of every
description, except immovable property ;
Schedule and “Part C
State” shall mean a State for the time being specified in Part C of
that Schedule or a
territory for the time being administered by the President under
the provisions of
article 243 of the Constitution ;]
(30) Person.—“Person” shall include any company or association or
body of
individuals, whether incorporated or not ;
2
[(31) Political Agent.—“Political Agent” shall mean—
(a) in relation to any territory outside India, the Principal officer, by
whatever
name called representing the Government of India in such territory
; and
(b) in relation to any territory within India to which the Indian Act
or Regulation
containing the expression does not extend, any officer appointed
by the
Government of India to exercise all or any of the powers of a
Political Agent
under that Act or Regulation ;]
(32) Public nuisance.—“Public nuisance” shall mean a public
nuisance as
defined in the Ranbir Penal Code ;
(33) Registered.—“Registered” used with reference to a document,
shall mean
registered in the State under the law for the time being in force for
the registration of
documents ;
(34) Rule.—“Rule” shall mean a rule made in exercise of a power
conferred by
any enactment, and shall include a regulation made as a rule under
any enactment ;
(35) Schedule.—“Schedule” shall mean a schedule to the Act or
Regulation in
which the word occurs ;
 Definations :(36) Section.—“Section” shall mean a section of the A
ct or Regulation in
which the word occurs ;
(37) Boat.—“Boat” shall include every description of vessel used in
navigation not exclusively propelled by oars ;
(38) Sign.—“Sign”, with its grammatical variations and cognate
expressions,
shall, with reference to a person who is unable to write his name,
include “mark”,
with its grammatical variations and cognate expressions ;
(39) Son.—“Son”, in the case of any one whose personal law
permits adoptions,
shall include an adopted son ;
1
[(39-A) The State.—“The State” means the State of Jammu and
Kashmir ;]
(40) Sub-section.—“Sub-section” shall mean a sub-section of the
section in
which the word occurs ;
(41) Swear.—“Swear”, with its grammatical variations and cognate
expression, shall include affirming and declaring in the case of
persons by law allowed to
affirm or declare instead of swearing ;
(42) Vessel.—“Vessel” shall include any boat or any other
description of
vessel used in navigation ;
(43) Will.—“Will” shall include a codicil and every writing making a
voluntary
posthumous disposition of property ;
(44) A writing.—Expression referring to “writing” shall be
construed as including references to printing, lithography,
photography and other modes of representing or reproducing
words in a visible form ; and
(45) Year.—“Year” shall mean a year reckoned according to the 2
[Gregorian
calendar).]
4. Omitted
4 Omitted
General Rules of Construction 3

[5. Coming into operation of enactments.— Where any act is not

5 expressed
to come into operation on a particular day it shall come into
operation on the day on
which the assent thereto of the Governor is published in the
Government Gazette.]
 Effect of repeal.— Where this Act, or any Act made after the
commencement of this Act, repeals any enactment hitherto made
or hereafter to be made, then,
unless a different intention appears, the repeal shall not—
(a) revive anything not in force or existing at the time at which the
repeal
takes effect ; or
6 (b) affect the previous operation of any enactment so repealed or
anything
duly done or suffered thereunder ; or
(c) affect any right, privilege, obligation or liability acquired,
accrued or
incurred under any enactment so repealed ; or
(d) affect any penalty, forfeiture or punishment incurred in respect
of any
offence committed against any enactment so repealed ; or
(e) affect any investigation, legal proceeding or remedy in respect
of
any such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid ;
and any such investigation, legal proceeding or remedy may be
instituted,
continued or enforced, and any such penalty, forfeiture or
punishment may be
imposed as if the repealing Act had not been passed.

Revival of repealed enactments.— In any Act made after the

commencement
7 of this Act, it shall be necessary, for the purpose of reviving, either
wholly or partially,
any enactment wholly or partially repealed, expressly to state that
purpose.

Construction of references to repealed enactments.—Where this

Act,
or any Act made after the commencement of this Act, repeals and
8 re-enacts,
with or without modification, any provision of a former enactment,
then references in any other enactment or in any instrument to the
provision so repealed
shall, unless a different intention appears, be construed as
references to the
provision so re-enacted.
 Commencement and termination of time.—In any Act made after
the
commencement of this Act, it shall be sufficient, for the purpose of
9 excluding the
first in a series of days or any other period of time, to use the word
“from”, and, for
the purpose of including the last in a series of days or any other
period of time, to
use the word “to”.

Computation of time.—Where, by any Act made after the

commencement
of this Act, any act or proceeding is directed or allowed to be done
10 or taken in any Court or office on a certain day or within a
prescribed period, then, if the Court or
office is closed on that day or the last day of the prescribed period,
the act or
proceeding shall be considered as done or taken in due time if it is
done or taken on
the next day afterwards on which the Court or office is open :
Provided that nothing in this section shall apply to any act or
proceeding to
which the Limitation Act, applies.

Measurement of distances.— In the measurement of any distance,

for the
11 purposes of any Act made after the commencement of this Act,
that distance shall,
unless a different intention appears, be measured in a straight line
on a horizontal
plane.

Duty to be taken pro rata in enactments.— Where, by any

enactment
now in force or hereafter to be in force, any duty of customs or
12 excise, or in the
nature thereof, is leviable on any given quantity, by weight,
measure or value of any
goods or merchandize, then a like duty is leviable according to the
same rate on any
greater or less quantity
13
Gender and number.— In all Acts and Regulations unless there is
anything repugnant in the subject or context,—
(1) words importing the masculine gender shall be taken to include
females ; and
(2) words in the singular shall include the plural, and vice versa
Powers and Functionaries

Powers conferred on the Government to be exercisable from time

to
14 time.–– Where, by any Act made after the commencement of this
Act, any power is
conferred on the Government, then that power may be exercised
from time to time as
occasion requires.

Power to appoint to include powers to appoint ex-officio.—

Where, by
any Act or Regulation, a power to appoint any person to fill any
15 office or execute
any function is conferred, then, unless it is otherwise expressly
provided, any such
appointment, if it is made after the commencement of this Act may
be made either by
name or by virtue of office.

Power to appointment to include power to suspend or dismiss.—

Where,
by any Act or Regulation a power to make any appointment is
16 conferred, then,
unless a different intention appears, the authority having power to
make the appointment shall also have power to suspend or dismiss
any person appointed
by it in exercise of that power.
 Substitution of functionaries.— In any Act made after the
commencement
17 of this Act, it shall be sufficient, for the purpose of indicating the
application of a law
to every person or number of persons for the time being executing
the functions of an
office, to mention the official title of the officer at present
executing the functions, or
that of the officer by whom the functions are commonly executed.

Successors.— In any Act made after the commencement of this

Act, it shall
18 be sufficient, for the purpose of indicating the relation of a law to
the successors of
any functionaries or of corporations having perpetual succession,
to express its
relation to the functionaries or corporations.

Official chiefs and subordinates.— In any Act made after

commencement
of this Act, it shall be sufficient, for the purpose of expressing that
19 a law relative to
the chief or superior of an office shall apply to the deputies or
subordinates lawfully
performing the duties of that office in the place of their superior,
to prescribe the
duty of the superior.
Provisions as to Orders, Rules, etc., made under Enactments

Construction of orders, etc., issued under enactments.— Where

by any
Act or Regulation, a power to issue any notification, order, scheme,
20 rule, form or
bye-law is conferred, then expressions used in the notification,
order, scheme, rule,
form or bye-law, if it is made after the commencement of this Act,
shall, unless there
is anything repugnant in the subject or context, have the same
respective meanings
as in the Act or Regulation conferring the power.
 Power to make, to include power to add to, amend, vary or
rescind,
orders, rules or bye-laws.— Where, by any Act or Regulation, a
21 power to issue
notifications, orders, rules or bye-laws is conferred then that
power includes a
power, exercisable in the like manner and subject to the like
sanction and conditions
(if any), to add to, amend, vary or rescind any notifications, orders,
rules or byelaws so issued.

Making of rules or bye-laws and issuing of orders between

passing
and commencement of enactment.— Where, by any Act or
Regulation which is
not to come into force immediately on the passing thereof, a
power is conferred to
22 make rules or bye-laws, or to issue orders with respect to the
application of the
Act or Regulation, or with respect to the establishment of any
Court or office or
the appointment of any Judge or officer there-under, or with
respect to the person
by whom, or the time when, or the place where, or the manner in
which, or the fees for which, anything is to be done under the Act
or Regulation, then that power
may be exercised at any time after the passing of the Act or
Regulation ; but rules,
bye-laws or orders so made or issued shall not take effect till the
commencement
of the Act or Regulation.
 Provisions applicable to making of rules or bye-laws after
previous
publication.—Where, by any Act or Regulation, a power to make
rules or byelaws is expressed to be given subject to the condition
of the rules or bye-laws
being made after previous publication, then the following
provisions shall apply,
namely :—
(1) the authority having power to make the rules or bye-laws shall,
before
making them, publish a draft of the proposed rules or bye-laws for
the
information of persons likely to be affected thereby ;
(2) the publication shall be made in such manner as that authority
deems
to be sufficient, or, if the condition with respect to previous
publication
so requires, in such manner as 1
23 [the Government] prescribes ;
(3) there shall be published with the draft a notice specifying a date
on or
after which the draft will be taken into consideration ;
(4) the authority having power to make the rules or bye-laws and
where
the rules or bye-laws are to be made with the sanction, approval or
concurrence of another authority, that authority also, shall
consider
any objection or suggestion which may be received by the
authority
having power to make the rules or bye-laws from any person with
respect to the draft before the date so specified ;
(5) the publication in the Government Gazette of a rule or bye-law
purporting to have been made in exercise of a power to make rules
or bye-laws
after previous publication shall be conclusive proof that the rule or
bye-laws has been duly made.
 Continuation of orders, etc., issued under enactments repealed
and reenacted.—Where any Act or Regulation is, after the
commencement of this Act,
repealed and re-enacted with or without modification, then, unless
it is otherwise
expressly provided, any appointment, notification, order, scheme,
2
[rules,] form
24 or bye-law, made or issued under the repealed Act or Regulation
shall, so far as it
is not inconsistent with the provisions re-enacted, continue in
force, and be
deemed to have been made or issued under the provisions so re-
enacted, unless and until it is superseded by any appointment,
notification, order, scheme, rule,
form or bye-law made or issued under the provisions so re-enacted
and when any
Act or Regulation, which, by a notification has been extended to
any local area,
has, by a subsequent notification, been withdrawn from and re-
extended to such
area or any part thereof, the provisions of such Act or Regulation
shall be deemed
to have been repealed and re-enacted in such area or part within
the meaning of
this section.
Miscellaneous

Recovery of fines.— Sections 63 to 70 of the Ranbir Penal Code

and the
25 provisions of the Code of Criminal Procedure for the time being in
force in relation
to the issue and the execution of warrants for the levy of fines shall
apply to all fines
imposed under any Act, Regulation, rule or bye-law, unless the Act,
Regulation,
rule or bye-law contains an express provision to the contrary.
 Provision as to offences punishable under two or more
enactments.—
Where an act or omission constitutes an offence under two or
26 more enactments,
then the offender shall be liable to be prosecuted and punished
under either or any
of those enactments but shall not be liable to be punished twice
for the same
offence.

Meaning of service by post.— Where any Act made after the

commencement of this Act authorises or requires any document to
be served by post, whether
the expression “serve” or either of the expressions, “give” or
27 “send” or any other
expression is used, then, unless a different intention appears, the
service shall be
deemed to be effected by properly addressing, pre-paying and
posting by registered
post, a letter containing the document, and unless the contrary is
proved, to have
been effected at the time at which the letter would be delivered, in
the ordinary course
of post.

Citation of enactments.—(1) In any Act or Regulation and in any

rule,
bye-law, instrument or document made under or with reference to
any such Act or
Regulation any enactment may be cited by reference to the title or
short title (if any)
28 conferred thereon or by reference to the number and year thereof,
and any provision is an enactment may be cited by reference to the
section or sub-section of the
enactment in which the provision is contained.
(2) In this Act and in any Act made after the commencement of this
Act, a
description or citation of a portion of another enactment shall,
unless a different
intention appears, be construed as including the word, section or
other part
mentioned or referred to as forming the beginning and as forming
the end of the
portion comprised in the description or citation.
 Saving for previous enactments, rules and bye-laws.—The
provisions of
this Act respecting the construction of Acts, rules or bye-laws made
29 after the
commencement of this Act shall not affect the construction of any
Act, Regulation,
rule or bye-law made before the commencement of this Act,
although the Act,
Regulation, rule or bye-law is continued or amended by an Act, rule
or bye-law
made after the commencement of this Act.

Application of Act to ordinances.— In this Act, the expression Act

or
30 Regulation, wherever it occurs, and the word ‘Act’ in clauses 1
[(7), (9), (29), (35) and
(36)] of section 3 and in section 25 shall be deemed to include an
Ordinance made
and promulgated by His Highness 2
[or the Sadar-i-Riyasat.]
THE GENERAL CLAUSES ACT 1977
(Act No. XX of Samvat 1977)

REFRENCE TO OTHER
SECTIONS JUDGEMENTS
INTRODUCTION

The word “notice” is a word of everyday use. Generally, it is self-defined and well known. In fact, it cannot be defined correctl
means and includes an information, intimation or direction, knowledge, etc. the object behind giving a notice is to make awar
the facts of the case or give an opportunity to the other party to reconsider his position before a legal proceeding is started ag
“notice” may denote merely intimation to the party concerned of a particular fact. It seems that the Court cannot limit the wo
writing” to only a letter. Notice may take several forms. It must to be sufficient, be in writing and must intimate quite clearly th
been made and signed (Parasramika Commercial Company Vs. Union of India, AIR 1970 SC 1654 at 1956)

DEFINITION
There is no particular definition for notices. According to Chamber’s 20th Century Dictionary 1961, the word, “notice” stands f
announcement, information, warning a writing etc.” generally, the object of the notice is to give an opportunity to the other t
position before an action or any legal proceedings is started against him.
“Notice” inter alia means “information”, “knowledge”, or “to know”; and it also stands to signify “observation”, “cognizance”,
“information”, “intelligence”, “warning”, “announcement” (of something to be done or to occur subsequently), written statem
make mention of.
“Noticeable” means remarkable, conspicuous, attracting notice. Notification means an act of making known or notifying, an ac
notice so given; formal notice given under various Act or Parliament. “To notify” means to give to, to inform, or to make know

OBJECT OF NOTICE
The object of the notice is to enable the party to whom the notice is given to settle the points of dispute without going to Cou
principles laid down in Section 106 and other related provisions of Transfer of Property Act to make the tenant aware of the in
landlord to terminate the lease [AIR 1955 Pat. 371] and so in Section 80 of the Code of Civil Procedure, 1908.
The purpose of the notice would be completed only when the same is received or it is refused by the addressee and not simpl
notice. For a example, a landlord sends a notice to his tenant terminating the tenancy by tendering it in post office and the sam
the endorsement “addressee not available at the delivery time”, “addressee not available”, “addressee has left”, or “addresse
time” then this notice will not be binding on the tenant because he has not received the said notice or he has no knowledge o
landlord.
The sole purpose of a notice under section 80 of the Civil Procedure Code to the party concerned is to afford him an opportun
position with regard to the claim made and if so advised, whether to settle it or otherwise to make amends without recourse o
objects underlying the section is to a clear notice of claim to the Government so that it may settle the claim and avoid the imp
consequential costs of the suit in the event of claim being decreed. [AIR 1960 SC 1309 State of Madras Vs. C. P. Agencies]. The
notice under section 80 of the code to Railway administration the defendants, was to inform them that a suit is to be brought
that they may, if they so desire, compromise the case or compensate the person concerned without letting him have his recou
Law [AIR 1961. 200 Bhagwanlal Vs. Union of India].
The object of the notice under section 80 is to give to the Government or the public servant concerned an opportunity to reco
legal position and if that course is justified to make, amends or settle the claim out of Court. The section is no doubt imperativ
notice complying with the requirements of the State will entail dismissal of the suit. But the notice must be reasonably constru
unimportant error or defect cannot be permitted to be treated as an excuse for defeating a just claim. In considering whether
the statute are complied with, the Court must take into consideration the following matters in each case; (1) whether the nam
residence of the plaintiff are given so as to enable the authorities to identify the person serving the notice, (2) whether the cau
the relief which the plaintiff claims are set out with sufficient particulars, (3) whether a notice in writing has been delivered to
of the appropriate authority mentioned in the section, and (4) whether the suit is instituted after the expiration of two month
has been served, and the plaint contains a statement that such a notice has been delivered or left. In construing the notice the
ignore the object of legislature viz. to give to the Government or public servant concerned an opportunity to reconsider its or
an reasonable reading of the notice the plaintiff is shown to have given the information which the statute requires him to give
defects or irregularities should be ignored. It is true the terms of Section 80 must be strictly complied but that does not mean
the notice should be scrutinized in an artificial or pedantic manner [Beohar Rajendra Singh Vs. The State of Madhya Pradesh, A
(1969) 1 SCC 789].

Kinds of Notices
According to the Blacks’ Law Dictionary, 7th Edition, pp. 1087, 1088; kinds of notices are as follows:
• Actual notice – Notice given directly to, or received personally by, a party.
• Constructive notice – Notice arising by presumption of law from the existence of facts and circumstances that a party ha
notice of, such as a registered deed or a pending law suit; notice presumed by law to have been acquired by a person ad thus
person (legal notice).
• Direct notice – Actual notice of a fact that is brought directly to a party’s attention (Positive notice).
• Due notice – Sufficient and proper notice that is intended to and likely to reach a particular person or the public; notice
adequate given the particular circumstance (adequate notice).
• Express notice – Actual knowledge or notice given to a party directly, nor arising from any inference, duty or inquiry.
• Fair notice – (1). Sufficient notice apprising a litigant of the opposing party’s claim. (2). The requirement that a pleading
the opposing party of a claim. (3). Fair warning.
• Immediate notice – 1. Notice given as soon as possible. 2. More commonly, and especially on notice of an insurance clai
reasonable under the circumstances.
• Implied notice – Notice that is inferred from facts that a person had a means of knowing and that is thus imputed to tha
notice of facts or circumstances that, if properly followed up, would have led to a knowledge of the particular fact in question
presumptive notice).
• Imputed notice – Information attributed to a person whose agent having received actual notice of the information, has
to that person.
• Inquiry notice – Notice attributed to a person when the information would lead an ordinarily prudent person to investig
further; especially the time at which the victim of an alleged securities fraud became aware of facts that would have prompte
person to investigate.

Personal notice – Oral or written notice, according to circumstances, given directly to the affected person.
• Public notice – Notices given to the public or persons affected, by publishing in a newspaper of general circulation (notic
• Reasonable notice – Notice that is fairly to b expected or required under the particular circumstances.
• Record notice – Constructive notice of the contents of an instrument, such as a deed or mortgage that has been properl
• Notice doctrine – The equitable doctrine that when a new owner takes a estate with notice someone else had a claim o
the transfer, that claim may still be asserted against the new owner even if it might have been disregarded at law.
Nature and Scope
Laws pertaining to notices are procedural laws or adjective laws; therefore have to be followed with the greatest possible deg
diligence. Law does not excuse mistakes committed in drawing up notices, especially in respect of those which are statutory a
Mistakes which do not violate or infringe or contravene the provisions of law or affect the cause of action are generally excuse

Classification of Notices
Oral or Verbal Notice, Written Notice
Generally speaking a notice should be in writing because a written notice is easy to prove its contents are certain. However, a
or verbal. A verbal notice to quit is sufficient to terminate tenancy unless there is express provision requiring a written notice [
Mahadu AIR 1929 Nag. 169].
A notice under section 14(2) of the Arbitration Act, 1940 may be given orally. Section 94 of the Negotiable Instruments Act, 18
says that a notice may be oral or written; may, if written, be sent by post and may be in any form.

Public and Private Notices

Public notices are those notices which are issued on matters in which the members of the general public are likely to be intere
the public are likely to be or expected to be affected. E.g. notice of dissolution of a registered firm, a notice to creditors in resp
notice.
Private notices pertain to matters affecting or touching individuals. E.g. Notice of claim to a debtor, Notice by tenant to repair.

Actual and Constructive Notice

In the case of actual notice, knowledge of a fact is carried to a party by sending to him or by giving him a notice. Constructive n
knowledge which the Courts impute to a person upon a presumption so strong of the existence of the knowledge that it canno
rebutted, whether from his knowing something which ought to have put him upon further inquiry or from his willfully abstaini
avoid notice.

Contractual and Optional Notice

Notice issued in accordance with the terms of a contract is referred to as contractual notice. E.g. Notice for termination of ten
the relevant agreement provides for issue of notice.
Where a notice is given not under any law or any contract or agreement and the notice given is not thus bound to give the noti
referred to as optional notice. E.g. Notice claiming arrears of rent, notice claiming dues on credit accounts and so on.

Reasonable and Defective Notice

Where a notice is not required to be issued under any law but the principles of a natural justice or reasonableness warrant tha
issued, such notice is referred to as “reasonableness notice”. A notice which is inconsistent with the requirements of law and a
a reasonable notice is referred to a defective notice. Defective notices are sometimes referred to as “invalid notice” or “void n

Composite Notices
A composite notice is a notice issued under separate enactments in a combined form or under two or more sections of the sam
example a notice under section 106 of Indian Railways Act, 1989 read with section 80 of the Civil Procedure Code.

Notice to Produce
Any party to an action may call upon the other party to produce any documents referred to in his pleadings or affidavit [Order
Code of Civil Procedure, 1908]. If one party is in possession of any written instrument which would be evidence for the other i
to produce it at the trial may be served either upon him, his solicitor, or agent. The notice must specify the instrument with a
sufficient to inform the opposite party what he called upon to produce. It must be served at a reasonable time before trail, so
party served to make an effectual search, and produce the same at the proper time.
Notification
Notification is the act of notifying or giving notice; notice given in words or in writing, anything which communicates informati
telegram or an advertisement.

Notice of Assessment
A notice given by a taxing authority such as an officer of the Income Tax Department or of an officer of a municipal Corporatio
relation to real property situated within the limits of his Municipality or Panchayat, whereby the tax payer is advised of the ass
payable by him.

Notice of Accident
The notice of Accidents Act, 1906, requires annual return and notices of accidents in mines and quarries to be given, ad in the
factories and workshops notice must be sent to the district inspector, and also in certain events to the certifying surgeon of th
mines, provision for notice is made by the Coal Mines Act, 1911.

Notice of Dishonour
Sections 91 to 98 of the Negotiable Instruments Act, 1881 deal with this aspect. In relation to bills of exchange, a notice of dish
given by the payee or endorsee thereof to all parties other than the acceptor that the bill had been dishonoured upon present
dishonour is given to enable the parties to protect themselves by promptly taking up the bill and proceeding against the party
upon it.

Notice to Quit
Notice to be given by a landlord to a tenant or by a tenant to a landlord. A written notice given by a landlord to his tenant, sta
desires to repossess himself of the demised premises, and that the latter is required to quit and remove from the same at a tim
either at the expiration of the term, if the tenant is In under a lease, or immediately, if the tenancy is at will or by sufferance.
sometimes applied to a written notice given by the tenant to the landlord to the effect that he intends to quit the demised pre
possession of the same on a day named.

Notice of Knowledge and Notice of Fact

Notice and knowledge are not the same thing, although loosely one sometimes talks as if to act with notice and to act with kn
indeed the same. A person is said to have notice of a fact either when he actually know that fact or when but for the willful ab
enquiry or gross negligence he would have known it or when information of the fact is given to or obtained by his agent, unde
mentioned in Section 229 of the Indian Contract Act, 1872

Notice of Appeal
The words “notice of appeal” means the notice to the respondent of the actual date of hearing fixed for the disposal of the ap
Kameshwar Prasad Singh, AIR 1963 ALL 311 (312-13)].

Requirement of Notice
Generally speaking there is no particular form for any particular notice. Thus, a notice u/s 80 of the Code of Civil Procedure, 19
notice u/s 106 of the Transfer of Property Act, 1882 (IV of 1882) or a notice u/s 106 of the Indian Railways Act, 1989 (24 of 198
43 (1) of the Indian Partnership Act, 1932 (9 of 1932), Section 135 to 140 of MRTP Act does not require to be given any particu
however, be noted in this connection that several forms of notices have been prescribed under the Civil Procedure Code, 1908
have to be used when there is occasion for issuing such notices.
It is not necessary that the section of a statute under which a notice is issued must be mentioned in the notice for the validity
a notice which is invalid in the eyes of law would not be valid only because the section of an Act under which it had been issue
mentioned in it. In [Sunderlal Vs. Yakoob Ali (AIR 1979 NOC 38 (ALL)], it was held that a mere mention of section 106 in the no
being a recital, express or implied, terminating the tenancy of the person to whom the notice had been addressed was not suffi
bring about termination of tenancy.
Service of Notice
This is also an important factor so far notice is concerned. If the notice is not received by the addressee then he cannot be bou
So to bind the addressee with the contents of a notice it is essential to see that the notice is served on him.
In case of joint tenancy, if the notice is served on one of the joint tenants then it is notice to all the joint tenants [Rotion Vs. Pr
1965 ALL. 287].

Presumption of Service of Notice

In Hari Charan Singh Vs. Siv Rani, AIR 1981 SC 1284: (1981) 2 SCC 535, the Supreme Court has observed “when a registered en
a postman to the addressee but he refused to accept it, there is due service effected upon the addressee by refusal, the addre
therefore, be imputed with the knowledge of the contents thereof and, this follows upon the presumptions that are raised un
the General Clauses Act, 1897 and section 114 of the Evidence Act. The presumptions both under section 27 of the General Cl
under section 114 of the Evidence Act are rebuttable but (in the absence of proof of contrary) the presumption of proper serv
service on the addressee would arise, which must mean service of everything that is contained in the notice. It cannot be said
knowledge of the contents of the notice could be imputed the sealed envelope must be opened and read by the addressee or
addressee happens to be an illiterate person the contents should be read over the addressee is det aermined to decline to acc
envelope”.

There may be direct and indirect modes of service. The following are the direct modes:-
• Personal service – Delivery of a notice to the person on whom it is to be served constitutes what is known as “Personal S
personal service is effected, a receipt acknowledging delivery of the notice in writing should be insisted from the addressee.
• Service by Post – the most commonly adopted mode of service of a notice is “service by post”, i.e., sending a notice to t
addressed at his usual place of abode or the last known place of abode or business, by post. A notice may be sent by –
• Ordinary post – Dispatch of a notice by ordinary post is not free from risks inasmuch as the notice giver has had left with
prove service of the notice if the addressee denied of having received the notice.
• Certificate of Post – A certificate of posting, issued by the post office of dispatch, certifies posting of a letter containing a
a guarantee that the letter must have reached the addressee.
• Registered Post – Sending a notice under registered post places the notice-giver in a better place and surer footing and
presume that a notice, sent under registered post, was duly served on the addressee.

Statutory mode of Service – When a particular provision of law directs a particular manner as to how a notice has to be served
notice u/s 80 of Civil Procedure Code directing the notice “to be delivered to or left at the office of the Secretary to the Union
Government. General Manager of a railway or the Collector of a district as the case may be, the notice is to be served in the m
under the statute.
Contractual mode of Service – When an agreement of a contract contains a term as to the mode of service of notice, the notic
conforming strictly to such mode.

Special mode of Service – Leaving a notice in a conspicuous part of the premises of the addressee.
Indirect mode of service by implication arises when a notice giver sends a notice through a bearer or special messenger or thro
the addressee refuses to take it. Refusal is by implication good service of the notice on the addressee.
Key Clauses Covered in drafting contract
Liquidated Damages

Quick Heal Technologies

Limited,
Versus
NCS Computech Private
Arbitration and Dispute Resolution Limited,
Governing Law & Jurisdiction
Notices
u/s 80 of the Code of Civil Procedure, 1908 (V
of 108)
u/s 106 of the Transfer of Property Act, 1882
(IV of 1882)
notice u/s 106 of the Indian Railways Act, 1989
(24 of 1989), or a
notice u/s 43 (1) of the Indian Partnership Act,
1932 (9 of 1932)

Sections 91 to 98 of the Negotiable

Instruments Act, 1881, Notice u/s 138 within
fifteen days
or agreed as per contract
The notice of Accidents Act, 1906, Related to coals and mines

section 27 of the General

Clauses Act, 1897 and section
114 of the Evidence Act or as
Mode of Service of Notice per agreed terms of contract
Severability
Relationship and
Waiver

Recitals and Background Clauses

Structure of Obligations
Representations and Warranties
Indemnification
Limitation of Liabilities
Damages