1. Short title 1
2. Commencement and repeal 1
3. Definitions 1
4. Computation of time 2
5. Service of notice 2
6. Use of forms in appendices 2
7. Alteration, etc. of rules in First Schedule to the Code 2
CHAPTER II
Exercise of original Civil Jurisdiction
8. Holding of Court on Original Side 3
9. Jurisdiction to be exercised by a Judge 3
10. Reference to two or more Judges 3
11. Distribution of business 3
12. Disposal of miscellaneous matters 3
13. Definition of miscellaneous matters 3
14. Disposal of applications by Registrar (O.S.0 5
15. Appeal from the Registrar to a Judge 10
16. Date to be fixed for hearing reference in Court 10
17. Costs of proceedings before Registrar (O.S.) 10
18. Registrar (A.S.) to dispose of business in absence of Registrar (O.S.)
10
19. Disposal of applications by the Deputy Registrar. 10
CHAPTER III
The Original Side Office
Dates and Cause-lists
20. Registrar, (O.S.) to fix dates on every Saturday
11
21. Day for short causes 11
22. What are short causes 11
23. Transfer of short causes to long causes 12
24. Days for execution proceedings, etc. 12
25. Fixing of dates for final disposal 12
26. Cases to be brought to trial in order of their age 13
27. On order of transfer of Small Causes Courts suit being made, Registrar
(O.S.) to send for records 14
28. Cause-List 14
29. General Cause List Book 15
30. Sealing of summons, order, etc 15
31. Duties of Sheristedar 15
32. Registers 16
33. Arrangement of record in pending matters 16
34. Contents of each file 17
35. Binding and title page 18
36. One file in miscellaneous applications 18
37. Diaries 18
38. Order sheet 19
39. Removal of record from Court-house 19
I
PART II
PROCEDURE ON THE ORIGINAL SIDE
CHAPTER IV
General Practice and Procedure
Form of Proceedings
40. Proceedings how written
Cause title
Paragraphs
Dates
Application for translation of vernacular documents
19
41. Names etc., parties 20
42. Authority to be stated 20
43. Draftsman’s endorsement 21
44. Particulars to be stated in address for service 21
45. Initialing alteration, etc. 21
Vakalatnama
46. From of Vakalatnama 21
47. Execution and attestation of vakalatnama 21
48. Endorsement on Vakalatnama 21
49. Notice of change of advocate 22
50. Notice of discharge to a client 22
51. Advocate-General and Government Pleader not to file vakalatnama 22
Affidavits
52. Ex-officio Commissioners 22
53. Title 22
54. Form 23
55. Deponent’s description 23
56. Endorsement should state on whose behalf filed 23
57. Source of information to be disclosed 23
58. Affidavit stating matter of opinion 24
59. Scandalous matters 24
60. Alterations and interlineations 24
61. Attestation fee 24
62. Affidavit how taken outside Court House 24
63. Reading of contents of affidavit to deponent 25
64. Endorsement of the Commissioner 25
65. Identification of deponent 25
66. Purdanashin woman 25
67. Every exhibit to be initialed and dated 26
68. Form of certificates 26
69. What affidavit shall not be used in evidence 26
70. Use of defective affidavit 26
71. Special time for filing affidavit 26
72. Proof on affidavits 26
Interlocutory Proceedings
73. Form 27
74. Contents thereof 27
75. Counter-affidavits, etc. 28
76. Procedure in applying for interim relief 28
Receivers
77. Application for appointment of receiver to be by
petition supported affidavit 28
78. Form of order of appointment 29
79. Register of receivers 29
80. Receiver other than Official Receiver to give security 29
81. Surety may point out omission or neglect of duty cast on receiver 29
82. Notice to surety of application affecting surety’s risk 29
83. Powers of a receiver 30
84. Receiver’s remuneration 30
85. Establishment and costs therefor to be detailed in the appointment order
19 30
86. No charge for additional establishment allowed 30
87. Receiver to file half-yearly accounts 30
88. Account to show balance in hand and how much may be paid into Court etc.,
to be filed with affidavit. Form of affidavit 30
89. Examining and vouching of accounts by officers 31
90. Appointment for passing accounts a Notice thereof 31
91. Objections to report to be filed 31
92. Passing of accounts by Court 31
93. Procedure as to hearing of objections 31
94. Auditing of difficult and complicated accounts 31
95. Order as to payment of balance 32
96. Consequence of receiver’s negligence to file accounts or pay the
balance, etc. 32
97. Consequence of default by receiver 32
98. Rule 84 applicable to manager or guardian 32
99 Interim receiver 32
Security Procedure
100. Security summons 32
101. Production to title deeds, affidavit of justification, examination 33
102. Contents of affidavit of justification 33
103. More than two sureties irregular 34
104. Property in respect of which a surety may justify 34
105. Who are not competent sureties 34
106. Who may be present at the examination 34
107. Reference to Court 34
108. Security for costs 34
109. Custody of securities and security bonds 34
Miscellaneous
110. Urgent motions 35
111. Oral motions 35
112. Urgent maters 35
113. Only one advocate to be heard for a party 35
113A Notice of proceedings to Advocate-General 35
CHAPTER V
Institution of Proceedings
114. Appearance by agent 35
115. Leave to verify 36
116. Suit against corporation or a firm 36
117. Copies to be filed of applications, etc. 36
118. Presentation of proceedings on Original Side 36
119. Examination of proceedings
Return if not in order 37
120. Admission of plaints 37
121. Plaint liable to be rejected to be submitted to Judge hearing miscellaneous
matters 37
122. Admission or rejection of execution application 38
123. Notice to the other party 38
124. Registration of proceedings admitted 38
125. Ex-parte amendments 38
126. Amendments how to be made 38
127. Attestation of amendment 38
CHAPTER VI
Processes
128. Time for payment of process fee and consequence
of non-payment 39
129. Restoration 39
130. Fresh plaint 39
131. Parties or their advocates may file processes duly filed up 39
132. When process fee not to be levied 40
133. Full address to be given to persons on whom process to be served 40
134. Process for service on persons of rank and gazetted officers 40
135. Summons for final disposal and settlement of issues 40
136. Returnable date of summons 41
137. Processes to be served or executed within jurisdiction to be addressed
to Nazir 41
138. Endorsement on process for service outside jurisdiction 41
139. Process to be served without identification by party 41
140. Endorsement of identifier on the original process 42
141. Procedure where defendant refuses to accept service or cannot be found
27 42
142. Return of service 42
143. Service by affixing to outer door 42
144. Notice where summons is affixed to outer door 43
145. Inquiry as to sufficiency of service 43
146. Fresh process not to issue until previous one returned 43
147. Acts of Registrar to be effectual as acts of Court 43
CHAPTER VII
Suits by or against Minors and Persons of Unsound Mind
148. Admission of next friend to bring a suit. Order
unnecessary 44
149. Next friend to file address for service 44
150. List of all likely guardians ad litem to be filed 44
151. Address for service of the Court appointed guardian ad-litem 45
152. Duty of the Officer of the Court appointed guardian ad-litem 45
153. Application of rules 148 to 152 to persons of unsound mind and to appeals
and applications 45
CHAPTER VIII
Appearance by Defendant a Written Statement a Counter Claim
154. Hearing of applications 45
155. In default of appearance by defendant suit to be posted on short cause
day 45
156. Procedure when defendant appears 46
157. Ordinarily one extension allowed for filing W.S. 46
158. Procedure where no written statement filed by any defendant. 46
159. Procedure if written statement filed by any defendant. 46
159. Procedure if written statement; not filed by some of the defendant. 46
160. Service of copies of written statement and list of documents on the other
side 47
Set off
161. Court my disallow set-off 47
Counter Claim
162. Counter claim by defendant 47
163. Counter claim 47
164. Reply to counter claim 48
165. Excluding counter claim 48
166. Proceeding with counter claim where action stayed 48
167. O. XX, R. 19 to apply to decree in such suits 48
CHAPTER IX
Third Party Procedure
168. Third party notice 48
169. Effect of notice 49
170. Appearance of third party a default 49
171. Procedure on default before trial 49
172. Third party directions 49
173. At trial 50
174. Costs 51
175. Fourth and subsequent parties 51
176. Defendant claming against co-defendant 51
CHAPTER X
Summary Suits
177. Written statement 52
178. On default by defendant suit to be set down forthwith 52
179. Ex-parte order may be set aside on application 52
180. Judgment for part of claim 52
181. Where one defendant has good defence but other not 52
CHAPTER XI
Commercial Suits
182. What are commercial causes 53
183. Plaint in such suits to be marked “commercial suits” 53
184. Setting down of Commercial suits 53
185. Decision of Commercial Judge may by consent be final 53
CHAPTER XII
Directions
186. Setting down for directions 53
187. Any party may apply for directions at the hearing 54
188. Subsequent application must be by petition to Court 54
189. Costs of subsequent application 54
190. Appeal from Registrar to a Judge 54
Discovery
191. Agent may make affidavit of documents when none
of the parties reside in Karachi 54
192. Procedure where the affidavit is required to be made by the absent parties
55
Issues
193. Date for settlement of issues by Court 55
CHAPTER XIII
Commissions
COMMISSIONS FOR EXAMINATION OF WITNESSES
194. Parties to notify commission 55
195. Commission on interrogatories 56
196. Commission for viva voce examination 56
197. Final hearing may by fixed after return of commission 56
198. Preparation etc., of commission 56
199. Commission executed by Official Commissioner. 56
200. Examination de bene esse 57
COMMISSIONS FOR TAKING ACCOUNTS AND FOR LOCAL
INVESTIGATIONS AND PARTITION OF
IMMOVABLE PROPERTY
201. Official Commissioner to execute Commissions for
accounts 57
202. Registrar, (O.S.) to send necessary proceedings to Commissioner 57
203. Commission for taking accounts how executed 57
204. Deposit of commission fees 58
205. Return of commission 59
206. Procedure in examination of witnesses 59
207. Deposition to be read over to and signed by the witness 60
208. Notice of filing of report. Filing objections thereto 60
CHAPTER XIV
Witnesses
209. Summon to witnesses 60
210. Summoning public officers as witnesses 61
211. Summoning Finger Print expect 61
212. Payment of expenses to witnesses who are public officers 61
213. Payment of expenses to other witnesses and issue of certificates to Railway
servants 62
214. Re-attendance of witnesses on adjourned hearing 62
PRODUCTION OF PUBLIC DOCUMENTS
215. Production of public documents 63
216. Return of original public record after its production in evidence 63
217. Power of Courts to summon public records suo motu 63
CHAPTER XV
Adjournments
218. Adjournments to be a day certain 64
219. Adjournment granted only on good cause 64
220. Costs of adjournment 64
221. Notice of antedating of hearing 64
CHAPTER XVI
Originating Summons
222. Who may take out originating summons and in respect
of what matters 65
223. Order for administration of estate or of the trust 66
224. Persons to be served with summons 66
225. Vendor or purchaser may take out summons 67
226. Persons to be served with such summons 67
227. Mortgagee or mortgagor may taken out such summons 67
228. When may a partner take out such summons 67
229. Persons interested under will, etc., may take out such summons 68
230. Court not bound to determine question of construction 68
231. Persons to be served with such summons 68
232. Service on other persons by direction 68
233. Plaint and document along to be filed 68
234. O.S. plaint how to be marked 68
235. Service of originating summons 69
236. Returnable date of originating summons 69
237. Entry of appearance 69
238. When may be supported by evidence 69
239. What may be done on bearing originating summons 69
240. Costs in originating summons 70
241. Order made on originating summons to be drawn up as decree of Court 70
242. Direction as to carriage or execution of decree 70
243. Subsequent summons about same estate 70
244. O.II, r.2 of the Code not to apply to plaints filed in support of originating
summons 70
245. When costs of originating summons shall be allowed in a suit 70
CHAPTER XVII
Proceedings at the hearing of Suit, and up to and inclusive of decrees
246. Evidence, how taken 71
247. Any particular question and answer may be taken down 71
248. Question objected to and allowed by Court 71
249. Remarks on demeanour of witnesses 71
250. Sheristedar to bring to Judge’s erasure, etc., and documents tendered
in evidence 71
251. Exhibits how marked 71
252. Numbering lines of depositions, etc. 71
253. Proceedings in another suit, how put in evidence 72
254. Witnesses not to be present in Court during hearing of the suit 72
255. Exhibits to be officially translated 72
256. No compromise without leave of Court in pauper suits 72
257. Judgment how delivered 72
258. Written judgment of two or more Judges how pronounced 72
259. Payment of costs a condition president in order for withdrawal 73
260. Setting of draft of decree 73
261. Directions under rule 260(3) and (4) liable to be refereed to Court 73
262. Date of signing decree to be also endorsed 74
263. Copies of decrees to Collector
Certificate under S. II, Court Fees Act to be sent to Collector 74
264. Errors how rectified after decree sealed 74
CHAPTER XVIII
Taxation of Costs
265. What bills of costs are to be taxed by the Deputy
Registrar 74
266. Time for filing bill of costs 74
267. Receipt and advocate’s certificate to accompany bill of costs 75
268. Notice for taxation 75
269. What expenses of witnesses may be included in costs 75
270. Condition for taxing expenses of copies of documents 75
271. Taxation of costs 75
272. Review of taxation only on notice to the opposite side 76
273. No review of taxation of costs if bill of costs not filed in time 76
274. What costs allowed after taxation 77
275. Meaning of “proportionate costs” 77
276. Application to Court for review of taxation 77
277. Hearing of such application 77
CHAPTER XIX
Arbitration
Proceedings under Chapters III and IV of the Arbitration Act, 1940
278. Proceedings under Chapters III and IV how entitled
77
SPECIAL CASE
279. Form 78
280. Special case to be forwarded to Registrar (O.S.)
Hearing in Court 78
Awards
281. Form of award
Award in form of special case 78
282. Award how filed in Court 78
283. Service of notice of filing of award in Court 79
284. Form of application to modify, correct or set aside, award. 79
Interim Orders
285. Applications for interim orders to be by interlocutory
applications 80
286. Service of notice of interim order on opposite party 80
Application
287. Form of other applications under the Act and their
registration 80
288. Notice to persons concerned 81
Stay of Proceedings
289. Title of applications, etc., under section 34
Notice to issue before ordering stay of proceedings 81
Fees
290. Advocates’ fees 82
General
290A. Notice of a appointment of arbitrator 82
291. Mode of service of notices 82
292. Award includes interim award 82
THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937
293. Title of applications, etc. 82
294. Applications under sections 3 and 5 to be disposed of as miscellaneous
matters 83
295. Contents of petition 83
296. Stay of proceedings under section 3 of the said Act 83
297. Documents to be produced with petition
Procedure to be followed in case of non-production of documents with petition
83
298. Presumption as regards certain copies 84
299. Execution of decrees and orders 84
300. Advocates fees 85
CHAPTER XX
Proceedings in Execution
301. Interpretation 85
APPLICATION FOR TRANSMISSION
302. Transmission of decrees for execution 85
303. Stay of execution on transmission 85
304. Transmission of decree in two or more districts simultaneously 85
305. When insufficient amount realized in first district 86
306. Also in second or succeeding districts 86
307. When sufficient amount realized in execution. 86
308. Notice of execution of foreign Court decree to issue to judgment-debtor
86
309. Register of decrees received from other courts 87
310. Return of decree to the transmitting Court 87
APPLICATION FOR EXECUTION
311. Application under O. XXI, r. 15 to be supported
by affidavit 87
312. Checking and admission of execution petition 87
313. Procedure in execution application under O. XXI, r. 15 87
314. Procedure when cause not shown 87
315. Registrar, (O.S.), not to issue execution simultaneously against person
and property 88
316. Application for receiver in execution of decree 88
MODE OF EXECUTION
Execution of documents
317. Decree-holder to file in Court the draft and fees
for service 88
318. Execution of document under O. XXI, rule 34(5) 88
Arrest
319. Deposit with warrant of arrest 89
320. Production of person arrested after sunset 89
321. Superintendent to keep in custody 89
322. Production before Judge under fresh warrant of persons already in custody
89
Attachment
323. Application of encumbrance to be made a party
to the suit or to join in the sale 89
324. Inquiry before the Registrar, (O.S.) as to matters specified to O. XXI,
rule 66 89
325. Receipt of attached property to be given 90
326. Procedure where property is already under attachment by revenue authorities
90
327. Removal of property attached under O. XXI, Rule 43 to the Court 90
328. Removal to Court by judgment-creditor on executing bond 90
329. Procedure where removal impracticable or costly 91
330. Deposit of cost for removal or maintenance of property 91
331. Account to be rendered on demand 92
332. Restoration of attached property on payment of costs incurred 92
Sale of attached property
333. Notice regarding sale of guns and other arms,
etc., attached 92
334. Sale of Government Promissory Notes, how made 93
335. Immediate sale of movable property 93
336. Place of sale of Live-stock, etc 93
337. Application for sale to be accompanied by abstract of title 93
338. Contents of sale proclamation 93
339. Publication of proclamation 94
340. Copy of sale proclamation to be sent to collector in case of sale of
land 94
341. Place of sale of immovable property 94
342. Sale at Court house, how conducted 94
343. Leave to bid, Reserved price 94
344. Sale 95
345. Postponement of sale for want of sufficient bidding 95
346. Postponement of sale otherwise than under rule 345 95
347. Bidding paper
To be signed by the purchaser 95
348. Or by his agent as such 96
349. Declaration of purchase 96
350. Report of sale 96
351. Time for confirming sale 96
Delivery of possession of immovable property
352. Possession of house how delivered to decree-holder
or purchaser 96
353. Decree-holder or purchaser to give notice to owner regarding removal
of property therein 96
GENERAL
354. Preparation and issue of processes in execution
97
355. Procedure on stay of execution 97
356. Recording of evidence and order in execution proceedings 97
CHAPTER XXI
Nazir’s Office
357. Nazir and Deputy Nazir to execute or to cause
to execute processes 97
358. Nothing of date on processes 97
359. Service on holidays 98
360. Service on the firm of advocates 98
361. Payment of money 98
362. Notice of payment or deposit to judgment-creditor or Collector 98
363. Delivery of securities, jewellery or other valuables into Court 98
364. Application for payment of money, etc. 99
365. Applications for be checked 99
366. Payment by money order, bank draft etc. 99
367. Written authority of client requisite for payment to advocate 100
368. Account books to be kept 100
369. Signing of cheques and checking of accounts 101
370. Account books to be kept in minors or lunatics’ estates 101
371. Return of minors’ estates under administration 102
372. Nazir to visit civil jail daily 102
373. Inspection of civil jail by Registrar, A.S. 102
374. Charge of property in criminal cases
Charge of dead stock 102
CHAPTER XXII
Testamentary and instestate jurisdiction
Preliminary
375. Interpretation 103
Application for Probate, etc
376. Application for probate 103
377. Application for letters of administration 103
378. Application for letters of administration. C.T.A. 103
379. Application for succession certificate 103
380. Address for service 104
381. Delay in application 104
382. Interlineations, alterations etc. in the will should be sworn to by the
attesting witness 104
383. In absence of attesting witnesses with other evidence must be produced
104
384. Attempted cancellation must be accounted for 104
385. Unsigned or unattested will 104
386. Production of deed, paper, etc., referred to in will 105
387. Administration to a creditor 105
388. Renunciation 105
389. Grants throughout British India 105
390. Applications for probate, etc., to be registered as miscellaneous applications
105
Citation
391. Notice of application to be given to collector
105
392. Notice to next-of-kin 105
393. Citation to Administrator-General 106
394. Form of citation 106
395. When citation to be dispensed with 106
Proof
396. Proof of identity 106
397. Blind or illiterate testator 106
Limited Grants
398. Order for limited grant 106
Administration Bond
399. Forms of administration and succession certificate
bonds 107
400. Amount of administration bond and succession certificate bond 107
401. Insurance Companies as sureties 107
402. Attestation of bonds 107
Grants and extensions thereof
403. Grants limited to Province of Sindh 107
404. Affidavit of valuation of property to be annexed to grants 107
405. Extension of grant to have affect throughout British, India 107
406. Extension of succession certificate 108
Inventory and Accounts
407. Form of inventory
Form of register 108
Contentious Proceedings
408. Particulars in caveat 108
409. Notice of caveat 108
410. Affidavit supporting caveat 108
411. Notice to caveator to file affidavit 109
412. Consequence of not filing affidavit 109
413. Procedure 109
414. Notice in probate suit 109
Miscellaneous
415. Certificates under section 274 (1) (b) of the
Act 109
416. Notice by executor or administrator to creditors under section 360 and
367 of the Act 110
417. Disposal of petition for non-prosecution 110
418. Making will 110
Rules under Bombay Regulation VIII of 1827
419. Reference from police and magistrates re. unclaimed
property to be accompanied by list and valuation 110
420. Deduction of administration fees 110
CHAPTER XXIII
Matrimonial Jurisdiction
I
Rules under the Indian Divorce Act, 1869
421. Marriage certificate to be annexed to petition
110
422. Contents of petition 111
423. Verification of petition 112
424. Co-respondent in husband’s petition 112
425. Intervener in wife’s petition 112
426. Service of petition and notice 112
427. Answer 113
428. Verification-address for service 113
429. Service of decree nisi 113
430. Decree absolute when to be made 114
431. How cause shown after decree nisi 114
432. Alimony, maintenance and custody of children 114
433. Costs 114
II
434. Interpretation 115
435. Certified copy of decree or order in certain cases to be filed with plaint
115
436. Application dispensing with the joinder of co-defendant 115
437. Leave of the Court to sue 115
Counter-Claim
438. Joinder of co-defendant to counter-claim 116
439. Application for alimony pendente lite 116
440. Service of such application on husband
Wife’s application to Court for decree
Witnesses when to be examined 116
441. Varying, modifying or rescinding of an order for alimony ‘pendente
lite’ 117
Application for Permanent Alimony, Custody of Children, etc., on Decree
442. Application for permanent alimony, custody of
children etc. 117
443. Stay of application and making of interim orders 118
444. Power of the Court to pass consent order 118
445. Procedure to vary, modify, rescind or suspend order for permanent alimony,
etc. 118
Registration of Divorces, etc.
446. Registration of divorces, etc. 118
447. Practice and procedure regulated by the Code and rules 119
CHAPTER XXIV
Rules under the Guardians and Wards Act, 1890
448. Title of Proceedings 119
Appointment of Guardian
449. Form of application 119
450. Contents of application 119
451. Where father of minor is living 119
452. Form of Notice 119
453. Copy of application to Court to Wards 119
454. Procedure in appointing or declaring guardian 120
455. Security by guardian 120
456. Time for furnishing security-order conditional 120
457. Form of certificate of guardianship 120
458. Form of Register 120
459. Directions at the hearing 120
460. Form of statement filed under Section 34(b) 121
461. Marriage of minor girl 121
Interlocutory Applications
462. Subsequent applications to be interlocutory 121
Application to deal with immovable property of a minor
463. Application to deal with immovable property of
a minor 121
464. Sale of property 121
465. Payment into Court of proceeds of sale 121
Accounts
466. Guardian to keep accounts 121
467. Time for submitting and period of accounts 122
468. Inspection and audit of accounts 122
469. Where minor attains majority before 31st March in following year 122
470. Order under sections 32 and 43 91) of the Act re. investment of surplus
monies etc. 122
Discharge or Removal of Guardian
471. Discharge or removal of guardian 123
472. Guardian not to be discharge till accounts passed 123
Allowance to Guardians
473. Allowance to guardians 123
474. Administration fees if Nazir appointed guardian of property of minor
123
475. Costs 123
476. Rules may be relaxed for estates smaller than Rs.500 in value 124
CHAPTER XXV
Rules regarding Reference and Application under Section 66 of the Indian Income-tax
Act, 1922
References under section 66 (1)
477. Form of reference 124
478. Notice of hearing to assesee and Commissioner 124
Applications under section 66 (2) or (3)
479. Form of application 124
480. Copies of be filed 125
481. Petition to be registered 125
482. Registrar to place it for admission 125
483. Service of notice on admission 125
484. Paper-Book 125
485. Notice to Appellate Tribunal if Court requires case to be stated 125
486. Omitted. 125
487. Omitted. 125
488. Omitted. 125
489. Omitted. 126
General
490. Constitution of Bench to hear references and applications
126
491. Copy of judgment to be sent to Registrar, Appellate Tribunal 126
492. Costs of reference or application 126
CHAPTER XXVI
Rules under the Indian Oaths Act, 1873
493. Form for witnesses 126
494. Form for interpreters, and jurors 127
CHAPTER XXVII
Rules under the Transfer of Property Act, 1882
495. Deposit of money due on mortgage 127
496. Deposit of costs 127
497. Order for payment of money into Court under S. 83 128
498. Mode of service 128
499. Costs of mortgagee 128
500. Court’s order for paying out 128
501. Enforcement of order 128
CHAPTER XXVIII
Rules under the Powers of Attorney Act, 1882
502. Presentation of petition to the Deputy Registrar
129
503. If presentation by both door and donee, it may be filed forthwith 129
504. In other case notice to issue and order of Court to be obtained 129
505. Filing of powers of attorney 129
506. Power of attorney filed when returned 130
507. Index to be kept of instruments deposited 130
508. Deputy Registrar to dispose of application for search, copies etc. 130
509. Fees 130
CHAPTER XXIX
Crown Side Rules
Constitution of Court and Sittings
510. Jurisdiction to be exercised by a single Judge
131
511. Cases to be tried by Judge or Judges nominated by Chief Judge 131
512. Sittings of Sessions 131
Clerk of the Crown
513. Clerk of the Crown 131
514. Clerk of the Crown to fix a date for the trial 131
Vakalatnama
515. Vakalatnama 131
Jurors
516. Qualification of jurors 132
517. Disqualification of jurors 132
518. Persons exempted from serving as jurors 133
519. Clerk of the Crown to made out a list of qualified men before 1st April
133
520. Upon completion of such list, Clerk of the Crown to make out lists of
Common and Special Jurors 134
521. Number of person to be numbered consecutively 134
522. Names of persons to be numbered consecutively 134
523. Publishing of notice for inspection of the Jury List and for objections
(if any) to be taken 134
524. Original lists to be kept by the Clerk of the Crown and inspection to
be given 134
525. Correction of mistakes in the lists by Clerk of the Crown 135
526. Clerk of the Crown to cause to be made out a list of Jurors to serve
on the Juries 135
527. Summoning of jurors 135
528. Names of jurors excused attending at one session may be inserted in the
list for a subsequent session 135
529. Additional jurors may be summoned 136
530. Panels of Special and Commons Juries to be delivered to the Court 136
531. Mode of choosing Jury 136
532. Note in the list of jurors summoned to serve at the Sessions 137
Processes
533. Issue and service of process 137
534. Witnesses residing beyond certain limits how summoned 138
535. Attendance of witnesses under recognizances. 138
536 Process for service 138
537. Payment of expenses to witnesses 138
Recording of Evidence, etc
538. Recording evidence of witnesses 138
539. Recording of examination of accused, etc 138
540. Recording of charge to the jury 139
541. Diary 139
542. Duties of Sheristedar 139
543. Registers 139
544. Report to Government of misconduct by police 140
Appeals
545. Provisions of Chapter V of Sindh Chief Court Rules, (A.S.) to apply 140
Revision
546. Time for application for exercising revisional jurisdiction 140
Bail
547. Application for bail 140
548. Copy of bail application to be sent to public Prosecutor and his receipt
filed 140
549. Application how disposed of 141
550. Order granting bail to order Nazir or Magistrate to take bail 141
551. Nature of security 141
CHAPTER XXX
Rules under the Partition Act, 1893
552. Rules 337 to 351 to apply to sales under Partition Act 141
CHAPTER XXXI
Rules under The Presidency-towns Insolvency Act, 1909
Preliminary
553. Interpretation of terms 142
554. Maters to be heard in open Court 143
555. Adjournment from Chambers to Court and vice versa 143
Proceedings
556. Proceedings how entitled 143
557. Publication notices 144
558. Filing, Gazetting, & c 144
Discovery of debtor’s property
559. Applications for discovery 144
Appropriation of Pay, salary, etc.
560. Application for an appropriation order under section
60 144
561. Communication of order under section 60 145
562. Review of order 145
Warrants, Arrests and Commitments
563. To whom warrants addressed 145
564. Production of insolvent before Court & etc 145
565. Suspension of issue of committal order 145
566. Committal of contumacious insolvent or witness 146
Costs
567. Awarding costs 146
568. Scale of costs 147
569. Applications for costs 147
570. Priority of costs and charges payable out of assets 148
571. Disallowance of costs of unnecessary petition 149
572. Apportionment of costs in cases of partnership 149
573. Costs out of joint or separate estates 149
574. Public officer or agent of company 150
575. Attestation of firm’s signature 150
576. Service on firm 150
577. Debtor’s petition by a firm 151
578. Schedule 151
579. Order of adjudication against a firm 151
580. Acceptance of composition, etc., by joint and separate creditors 151
581. Voting on composition 152
582. Adjudication and separate committees 152
583. Separate firms. 152
Lunatics
584. Lunatics 152
PROCEEDINGS FROM ACT OF INSOLVENCY TO DISHCARGE
Insolvency Petition
585. Form of insolvency petition 152
586. Certificate of Official Assignee 153
587. Deposit by petitioner 153
Creditor’s Petition
588. Security for costs 153
589. Joint petitions 153
590. Death of debtor before service of petition 154
Hearing of Petition
591. Adjudication order to be made forthwith on debtor’s
petition 154
592. Proceedings on creditor’s petition 154
593. Several respondents 154
594. Debtor intending to show cause 154
595. Non-appearance of creditor 154
596. Personal attendance of creditor when dispensed with 155
597. Proceedings after trial of disputed question 155
598. Application to dismiss. 155
Interim Receiver
599. Appointment of interim receiver 155
600. Form and contents of order 156
601. Deposit 156
602. Further deposit, if necessary 156
603. Repayment of deposit 156
604. Damages if petition dismissed 156
Order of adjudication
605. Form and contents 157
606. Transmission of copy to Official Assignee and service on debtor 157
607. Stay of proceedings 157
608. Advertisement. 157
609. Costs of petition, & c 158
Public examination of Insolvent and his failure to perform the duties imposed on him
610. Form of notice under section 27 158
611. Default of debtor in attending. 158
612. Service of order and notice to creditors of examination 158
613. Adjournments sine die 159
614. Proceedings after adjournment sine die 159
615. Notice of proceeding after adjournment sine die 159
Annulment of Adjudication
616. Hearing of application for revocation 160
617. Order annulling adjudication 160
618. Form of Security Bond 160
619. Vesting order on annulment 160
Proceedings consequent on Order of Adjudication
620. Insolvent’s schedule
Trading account of insolvent 160
621. Extension of time to file schedule 161
622. Failure of insolvent to file schedule 161
623. Notice of order to submit claims to the Official Assignee 161
Interim Protection
624. Application for protection order 162
625. Hearing of application 162
626. Protection order 162
627. Warrant of release 163
Meetings of Creditors
628. Application for direction to hold meetings 163
629. Order to call meeting 163
630. Notice of meeting 163
631. Copy of Resolution for Registrar 164
632. Adjournment 164
Proxies
633. Form of proxies 164
634. Signature of Proxy. 164
635. Filling in when creditor blind, & c. 164
636. Miners not to be proxied 164
Composition and Schemes
637. Forms where proposal submitted by debtor 164
638. Form of acceptance, application for approval to Court, & c. 165
639. Notice to creditors and Official Assignee 165
640. Order approving a composition or scheme 165
641. Correction of formal slips & c. 165
642. Proceedings if scheme approved 165
643. When Official Assignee may be the trustee in a composition or scheme
165
644. Default in payment of composition 166
645. Annulment of composition or scheme 166
646. Dividends under composition or scheme 166
647. Proof of debts in composition or scheme 166
648. Application to enforce composition and order 166
649. Application for annulment of composition or scheme and order 167
650. Application for arrest of insolvent under section 34(1) 167
Control over Person and Property of Insolvent
651. Order for redirection of letters 167
Discharge of Insolvent
652. Application for discharge 167
653. Fixing date for hearing of application for discharge and notice 167
654. Official Assignee’s report 168
655. Opposed application 168
656. Answer to report and creditor’s grounds of opposition 168
657. Form of grounds of opposition 169
658. Hearing of application 169
659. Order on application for discharge 169
660. Notice of order 170
661. Costs of application 170
662. Conditional orders 170
663. Execution of decree against insolvent 170
664. Accounts of after acquired property 170
665. Failure to apply for discharge 171
666. Renewal of application 171
ADMINISTRATION OF PROPERTY
Proof of Debts
667. Form of proof 171
668. Wages of labourers & c. 171
669. Transmission proofs to trustees 172
670. Proofs to be sent by the Official Assignee to Registrar 172
671. Proofs to be sent by trustee to Registrar 172
672. Procedure where creditor appeals 172
673. Time for admission or rejection of proof by Official Assignee 173
674. Time for admission or rejection of proof by trustee 173
675. Notice of admission or rejection of proof 173
676. Costs of appeals from Official Assignee’s decision as to proof 173
Application to realize Security
677. Application to realize security 173
678. Report of the Official Assignee and hearing of application 174
679. Order for realization of security 174
680. Costs of application 174
Realization of property
681. Warrant of seizure and search warrant 174
Disclaimer of Lease
682. Disclaimer of lease 174
Distribution of Property
683. Notice of intended dividend 176
684. Production of bills, notes, & c. 177
685. Dividend may be sent by post 177
686. Notice of intention to make final dividend 177
687. Rate of interest on dividends which the Official Assignee is ordered
to pay 177
688. Appointment of insolvent to manager property or carry on trade 178
THE OFFICIAL ASSIGNEE
689. Security by Official Assignee 178
690. Liability for loss. 178
691. Fees, commission and percentages chargeable by the Official Assignee
178
692. Payment of fees, percentages, etc., to Government 179
693. Remuneration of the Official Assignee 179
694. Deposit in bank of moneys realized 179
695. Money how drawn 180
696. Account of dividends declared 180
697. Official Assignee to open Unclaimed Dividend Account 180
698. Income form investments 180
699. Disposal of the balance of Unclaimed Dividend Account 181
700. List of dividends 181
701. Notice of unclaimed dividends 181
702. Half yearly statement of estates 181
703. Audit of accounts. 182
704. Fees for copy of lists 182
705. Record book 184
706. Duties as to debtor’s schedule 184
707. Joint and separate estate accounts 184
708. Mode of application to Court 184
709. Evidence on application by Official Assignee 184
710. Application for direction 185
711. Accounting by Official Assignee 185
712. Disposal of debtor’s books of account, & c. 185
Costs of Civil Proceedings
713. Costs of Civil Proceedings 185
714. Civil liability of Official Assignee how met 185
715. Costs when assets not available 186
716. Deficit how met 186
717. Liability for costs, damages and expenses 186
718. Books of account to be maintained by the Official Assignee 187
Special Manager
719. Special Manager’s accounts. 187
COMMITTEE OF INSPECTION
720. Control of Committee of Inspection over Official Assignee 187
SMALL INSOLVENCIES
721. Report of Official Assignee as to value of property Summary administration 188
SPECIAL PROCEEDINGS
Administration of the estates of persons dying insolvent
722. Application for administration order 189
723. Order for administration 189
724. Duties of legal representative 189
725. Executor de son tort 189
SUPPLEMENTAL
Access to insolvent’s books
726. Fee for inspection 190
Registers
727. Insolvency register 190
728. Power of Court to extend time 190
CHAPTER XXXII
Rules under The Colonial Courts of Admiralty Act, 1890
729. Interpretation 190
730. Institution of suits 191
731. Warrants 191
732. Statements requisite in suits of necessaries and of wages 191
733. Warrant with Court’s leave though particulars wanting 192
734. Service of warrant, filing thereof 192
735. Service of summons or warrant, how of effected on vessel 192
736. Service how effected on cargo landed 192
737. Service on cargo in custody of third person 192
738. Suits in rem by default 192
739. Judgment for the claim, if well founded 192
740. Entry of appearance 193
741. Contents of written statement 193
742. Security 193
743. Releases 193
744. Release before appearance entered on application 193
745. On payment into Registry, release of property 193
746. Release of cargo arrested for freight, on payment 193
747. Value of property under arrest in salvage suit 193
748. On security or payment into Registry, property arrested released 193
749. Release by Nazir 194
750. Caveat Release Book 194
751. Penalty for delaying release 194
752. Caveat Warrant Book 194
753. Entry of appearance in Caveat Warrant Books 194
754. Service of plaint on party entering Caveat Warrant 194
755. Party entering caveat to give security of filing of plaint 195
756. On default, suit may proceed ex parte 195
757. Judgment to claim enforcement of payment 195
758. Notwithstanding caveat property may be arrested 195
759. Sale by order of the Court 195
760. Procedure by Nazir on sale of property 195
761. Audience before Taxing Officer. 196
762. Payment of moneys 196
763. Payment out of money 196
764. Security for latent demands 196
765. Notice against payment Caveat Payment Book 196
766. Applications 196
767. Signature to application 196
768. Improperly filled up application 196
769. Caveat to be in force for six months 196
770. Withdrawal of caveat 197
771. Application to overrule a caveat 197
772. Fees by Officers and Nazir 197
773. Forms of Admiralty Division to be followed 197
774. Where not provided for, rules and practice of O.C.J., to apply 197
775. Fees to nautical assessors 197
CHAPTER XXXIII
Rules under The Indian Companies Act, 1913
General
776. Act defined 197
777. General headings 197
778. Application to be by petition and to be a registered Register of Company
Matters 198
779. Miscellaneous application to be supported by affidavit 198
780. Accompaniments to petitions 198
781. Advertisement 200
782. Service on company 200
783. Service on other persons 200
784. General power of Court 201
785. General English practice to apply 201
Reduction of Capital
786. Form of petition 201
787. Procedure at the hearing 201
788. Directions where creditors are entitled to object 202
789. List of creditors 202
790. Contents of affidavit 202
791. Inspection of list of creditors 202
792. Notice to creditors 203
793. Advertisement of the petition and the list of creditors 203
794. Affidavit as to result of rules 792 and 793 203
795. Procedure when claim is not admitted 204
796. Costs of proof 204
797. Certificate by the Court as to creditors 204
798. Hearing of petition 205
799. Who may appear and oppose 205
800. Direction at the hearing 205
801. Directions as to advertisement of order and dispensing with the addition
of words “and reduced” 205
802. Approval of minutes 206
803. Publication of reasons reduction, etc. 206
Winding up
Petition
804. Form of petition by the Court 206
805. Copy of petition to be supplied to creditor or contributory 206
806. Substitution of petitioner 206
Provisional Liquidator
807. Appointment of provisional liquidator 207
808. Order appointing provisional liquidator 207
809. Provisional Liquidator to hand over assets to the official liquidator
or receiver 207
810. Provisional Liquidator governed by rules which apply to official liquidator
207
Winding up Order
811. Notice under section 170(3) 208
812. Copy of winding up order to be sent to official liquidator or official
receiver
Advertisement order to wind up 208
Official Liquidator
813. Appointment of official liquidator 208
814. Procedure when official receiver not able to take up the duties 208
815. Security by official liquidator 209
816. Security how furnished 209
817. Solvency of sureties to be ascertained at the time of passing accounts
209
818. Advertisement of appointment made 209
819. Death, removal or retirement of official liquidator 209
820. Remuneration 210
Statement of Affairs
821. Preparation of statement of affairs 211
822. Official liquidator may hold personal interview for investigating company’s
affairs 211
823. Extension of time for submitting statement of affairs 211
824. When application to Court for extension of time may be made 211
825. Application to dispense with requirements of section 177-A to be supported
by official liquidator’s certificate 211
Report by Official Liquidator
826. Procedure for considering the official liquidator’s
preliminary report 212
827. Directions 212
Collection and distribution of assets
728. Powers of the official liquidator 212
829. Official liquidator to be in the position of receiver 212
830. Company’s property surrendered to the official liquidator on requisition.
213
List of contributories
831. Official liquidator to prepare list of contributories
213
832. Appointment of place and time for settling list of contributories 213
833. Settlement of the list of contributories 214
834. Notice of settlement to contributories and application to Court to vary
the list 214
835. Application filed out of time not to be entertained 214
836. Variation of the list of contributories by the official liquidator 214
837. Certificate of final settlement to be filed in Court 214
838. Official Liquidator not personally liable for costs 214
Calls
839. Calls by liquidator 215
840. Application for leave to make call 215
841. Document making the call 215
842. Service of notice of call 215
843. Enforcement of payment of call 215
Sales by official liquidator
844. Procedure at Sale 216
Disclaimer
845. Application for leave to disclaim 216
846. Disclaimer to be filed in Court 216
847. Claimant to furnish statement of his interest 216
848. Vesting of disclaimed property 216
Examination under Section 195 and 190 of the Act
849. Application for examination 217
850. Conduct of the examination 217
851. Party to be examination to be served with summons and paid expenses 217
852. Attendance at examination under section 195 217
853. Procedure at public examination 217
854. Notice of public examination 218
855. Service of summons on person to be examined under section 196 218
856. Provisions of rule 566 to apply to examination under sections 195 and
196 218
857. Application for sanction of a compromise 218
Debts and claims against the company
858. Advertisement for creditors 219
859. Mode of proof 219
860. Verification of proof 219
861. Form of proof 219
862. Statement as to security 219
863. List of debts 219
864. Allowance of debts 220
865. Proof of debts 220
866. Value of debts 220
867. Expunging or reducing a proof 220
868. Cost of proof 220
869. Workmen’s wages 220
870. Judge’s certificate of debts 220
Dividends
871. Notice of intended dividend 221
872. Provisions of rules 863 to 869 to apply 221
873. Dividends payable principal and interest 221
874. Declaration of dividend 221
875. Notice of declaring and payment dividend 221
876. Dividend may be sent by post 222
877. Payment of dividend to nominee 222
878. Form of order directing return of capital to contributories 222
Meetings
879. Application of rules as to meetings 222
880. Summoning of meetings 222
881. Time and place of meeting 223
882. Expenses of meetings at the instance of creditor, etc. 223
883. Chairman of meeting 223
884. Passing of resolution at creditor’s meeting 223
885. Passing of resolution at contributories meeting 223
886. Copy of resolution to be filed 224
887. Non-reception of notice by a creditor 224
888. Adjournments 224
889. Quorum 224
890. Procedure in the absence of quorum 224
891. When creditor can vote 224
892. When creditor cannot vote 225
893. When secured creditor can vote 225
894. Effect of voting by a secured creditor 225
895. Procedure when secured creditor votes without surrendering security 225
896. Meetings under section 178-A of the Act. 225
897. Minutes of proceedings 225
898 Report by Chairman 225
Proxies
899. Voting by proxies 226
900. Form of proxies 226
901. Forms to be sent with notice 226
902. Who may be appointed a proxy 226
903. Proxies to be lodged 226
904. Use of proxies by deputy 226
905. Proxy by blind or incapable creditors or contributories 226
906. Proxy of a creditor or contributory unacquainted with English 227
Committee of inspection
907. Advertisement of date of hearing of application
under section 178-A (3)
Official liquidator creditor or contributory may be heard on application 227
908. Not dealing with assets 227
909. Restriction of purchase of goods by official liquidator 227
910. Committee of Inspection not to make profit 228
911. Cost of obtaining sanction of the Court 228
912. Sanction of payment to Committee 228
Accounts
913. Nature of books to be maintained 228
914. Nature of book when the business of the companies to be carried on 229
915. When accounts to be filed 229
916. Audit of accounts 229
917. Form of accounts 230
918. Form of affidavit when there are not receipts and payments 230
919. Account to be opened in a bank 230
920. Payment in of moneys 230
921. Payment in of money’s 230
922. Securities to be deposited with the bank 230
923. Delivery of security to draw bills 231
924. Countersigning authority 231
925. Memorandum of sanction to draw bills 231
926. Investment of moneys 231
927. Collection of dividends on securities 232
Time for filing liquidator’s statements, and regulations applicable thereto
928. Conclusion of proceedings 232
929. Form of affidavit and statement under section 244 of the Act 232
930. Time for filing the statements 232
931. Statement to be laid before meeting by liquidator 233
932. Procedure on the filing of statement 233
933. Form of return under section 208-E (3) and section 209-H(3) 233
934. Costs payable out of the assets 233
Termination of winding up
935. Filing of final accounts 234
936. Disposal of balance 234
937. Dissolution of the company 234
Miscellaneous
938. Attendance at proceedings 235
939. Appointment of representative party 235
940. Appearance to be filed before attendance 235
941. Transfer of suits 235
942. Filling of affidavit and service of copy thereof is condition precedent
to use of it. 236
943. Form of declaration of solvency 236
944. Duties of advocate of official liquidator 236
945. Advocate’s fees 236
946. Accounts, etc., to be filed in Registrar’s office 236
947. Fees of inspection and copies of accounts filed under sections 177-A
and 244 236
Voluntary winding up
948. Rules for application in voluntary winding up
237
949. Rules applicable to meetings 237
950. Chairman of meetings 237
951. Form of statements under Ss. 208-D and 209-G of the Act 237
952. Notice of appointment of liquidator in voluntary winding up 237
Meetings to consider compromise and arrangement under section 153 of the Act
953. Form and notice 237
954. Directions at hearing of application 238
955. Report of result of meeting 238
956. General directions for holding of meetings 238
957. Result of resolution of meeting should be decided by poll 239
Savings
958. Savings of pending proceedings in winding up 239
CHAPTER XXXIV
Rule made under Section 20(f) of the Indian Trusts Act, 1882
959. Investment of trust money in debentures issued under the City of Karachi Municipal Act 239
APPENDIX A. Forms 240
APPENDIX B & H Registers 478
APPENDIX C. Scale of Fees 489
APPENDIX D. Rules regulating application for and payment of the service of the Governments or his Assistant. 522
THE SINDH CHIEF COURT RULES
(ON THE ORIGINAL SIDE)
PART I
GENERAL
CHAPTER I
PRELIMINARY
1. Short title. These rules may be cited as The Sindh Chief Court Rules (Original Side).
2. Commencement and repeal. (1) They shall come into operation on the expiry of thirty days from the date* of their publication in the official Gazette and shall apply also to all proceedings then pending.
(2) So much the rules of the Court of the Judicial Commissioner of Sindh as relates to matters provided for by under these rules is hereby annulled.
3. Definitions. In these rules, unless there is something repugnant in the subject or context,-
(1) “Chief Court” means the Chief Court of Sindh;
(2) “Chief Judge” means the Chief Judge of Chief Court;
(3) “Code” means the Code of Civil Procedure, 1908, as amended from time to time;
(4) “first hearing” includes the hearing of a suit for settlement of issues and any adjournment thereof;
(5) “interlocutory application” mans an application in any suit, appeal or proceeding, already instituted in the Chief Court, not being a proceeding for execution of a decree or order;
(6) “Judge” means Judge of the Chief Court;
(7) “miscellaneous application” means an application whereby any
proceeding is instituted including under rules 46-A, 58, 97 and 100 of Order
XXI of the Code, a proceeding under section 7 of the Presidency-towns Insolvency
Act, 1909, an appeal under section 8(2)(a) of that Act, and an analogous proceeding
under the Indian Companies Act, 1913, but does not include a suit or an appeal
or a proceeding in insolvency or a proceeding in execution of a decree or
order;
(8) “Registrar (O.S.)” means the Registrar, Original Side;
(9) “verified” means verified in the manner provided by Order VI, rule 15 of the Code” and
(10) all other expressions used herein shall have the meanings prescribed by the Code or the General Clauses Act, 1897, as the case may be.
4. Computation of time. In all cases in which any particular number of days not expressed to be clear days, is prescribed by these rules, the same shall be reckoned exclusively of the first day and inclusively of the last day; unless the last day falls on a Sunday or other day on which the office of the Chief Court is closed, in which case the time shall be reckoned exclusively of that day also and of any other following day or days during which the office may continue closed.
5. Service of notice. Except where otherwise provided by these rules, any notice directed to be given to any party on any interlocutory application shall be in writing, and may be served by the party or his advocate on the other party or his advocate personally or by sending the same by post in a registered prepaid cover to the address for service of the party or his advocate.
6. Use of forms in appendices. The forms given in the appendices with such modification as the circumstances of each case may require, shall be used for the purposes therein mentioned.
7. Alteration, etc. of rules in First Schedule to the Code. The rules contained in the First Schedule to the Code shall, so far as they are inconsistent with or contrary to these rules be deemed to have been thereby altered or superseded.
CHAPTER II
EXERCISE OF ORIGINAL CIVIL JURISDICTION
8. Holding of Court on Original Side. A Court for the exercise of the Original Jurisdiction of the Chief Court on its several sides may be held before one or more Judges.
9. Jurisdiction to be exercised by a Judge. Subject to the provisions of sub-section 1 of section 11 of the Sindh Courts Act, 1926, and of these rules and Judge may exercise all or any part of the jurisdiction vested in the Chief Court on its Original Side.
10. Reference to two or more Judges. If it shall appear to any Judge either on the application of the party or otherwise, that a suit or matter can be more advantageously heard by a Bench of two or more Judges, he may report to that effect to the Chief Judge who shall make such order thereon as he thinks fit.
11. Distribution of business. All suits and proceedings instituted on any of these several sides of the Civil Original Jurisdiction of the Chief Court, shall be heard before the Chief Judge, or such Judge or Judges as the Chief Judge shall from time to time nominate for that purpose.
12. Disposal of miscellaneous matters. The Judge or, if there be more than one, one of the Judges sitting on the Original Side from time to time nominated by the Chief Judge shall ordinarily sit once every week to hear miscellaneous matters.
13. Definition of miscellaneous matters. The following matters may be disposed of as miscellaneous matters:-
(1) rejection of plaints;
(2) application for arrest before judgment, for attachment before judgment and for appointment of a receiver;
(3) applications under rules 161, 165, 168, 170, 172, 173, 175 and 176;
(4) settlement of issues;
(5) applications to amend the plaint, petition or subsequent proceedings where the amendment sought is not formal, or applications to strike out any matter therein;
(6) applications for commissions to examine witnesses under O.XXVI, rule 4 (1) (a) & (c) of the Code;
(7) applications for leave to defend under O.XXXVII of the Code;
(8) attachment of property of absconding witnesses;
(9) applications under section 30 of the Karachi Small Causes Court Act, 1929, for removing suits into the Chief Court;
(10) applications by receivers, guardians and others relating to the management and disposal of the property;
(11) applications in all matters arising under the *** Companies Act 1*** Trustees Act, the Trustees and Mortgagees’ Powers Act, 1*** Trusts Act, the Arbitration Act and generally in the matter of any Act, unless otherwise provided in the Act itself or by these rules;
(12) applications as to the guardianship and maintenance of infants;
(13) inquiries in lunacy ordered to be taken before a single Judge;
(14) inquiries directed by the Court as to the fitness of persons to act as trustees, receivers, and committees of lunatics;
(15) inquiries as to the persons constituting a class;
(16) inquiries with reference to infacts, wards and settlements;
(17) inquiries as to settlement on a wife;
(18) inquiries as to a scheme for charity;
(19) matters referred by the Registrar (O.S.) and appeals against his order passed under these rules except those in execution proceedings;
(20) applications for orders of production of prisoners and other under the Prisoners Act, 1900;
(21) other interlocutory applications and any such matter as the Judge thinks fit to dispose of a miscellaneous matters, and such other applications as by these rules and directed to be so disposed of.
14. Disposal of applications by Registrar (O.S.). The Registrar (O.S.) shall dispose of all contested or uncontested applications or applications for consent orders of the following description:-
(1) applications for admission of plaints;
(2) applications for leave to verify plaints, written statement, petitions or any other proceedings in a suit or matter;
(3) applications for leave of the Court to file a plaint when such leave is necessary;
(4) applications under O.I., R.8 (i) for leave sue or defend on behalf of, or for the benefit of, all in the same interest;
(5) applications for leave under O. II, sub-rule (3) of rule 3;
(6) applications under O. II, R. 4, join causes of
action in a suit for the recovery of immovable property;
(7) applications for the admission or appointment of a next friend or guardian
ad litem of a minor or a person of unsound mind or new next friends or guardians
ad litem;
(8) applications for fresh summons or notice and for short date summonses and notices;
(9) applications for orders for substituted service of summons or notice;
(10) applications for transmission of process for service to another Court, etc;
(11) applications for orders regarding issue of summonses or notice and regarding service thereof;
(12) applications for permission to withdraw a suit or application by consent, or where the other side has not appeared;
(13) applications against a party in default to compel filing of written statement or affidavit or documents;
(14) applications arising from the death, marriage or insolvency of parties to suits or petitions or from the assignment, creation or devolution of any interest, estate or title, pendente lite;
(15) applications to amend plaint, petition or subsequent proceedings where the amendment asked for is purely formal;
(16) applications for further and better statement of particulars under O. VI, R.5;
(17) applications for leave to file further written statements;
(18) applications for return of documents under O.XIII, R. 9 (i) of the Code;
(19) applications for order for discovery and for orders concerning the admission, production and inspection of documents;
(20) applications for leave to deliver interrogatories;
(21) applications for order for execution of a decree or order for arrest of a judgment-debtor when such judgment debtor does not appear on the day of hearing fixed under the notice issued or on such day as the hearing thereof may be postponed to, or by attachment or sale, with power to order issue of notice under sections 74 and 145 and under O.XXI, rules 2, 16, 22, 34(2) 37 or 66(2) of the Code, or where notice is otherwise necessary or considered desirable;
(22) applications for order for the transmission of a decree with the prescribed certificate, etc.;
(23) applications for the execution of a document or for the endorsement of a negotiable instrument under O.XXI, R. 34;
(24) applications for examination of judgment-debtor as to his property under O.XXI, R. 41;
(25) applications for discharge from custody, subsistence money not being paid;
(26) applications falling under section 52 of the Code;
(27) applications for leave under O.XXI, R. 50, sub-rule (2) except where liability is disputed;
(28) applications for the issue of proclamations of sale under O.XXI, R.66, and for direction as to the publication thereof under R.67;
(29) applications for confirmation of sale and certificate of sale of purchaser of immovable property;
(30) applications for possession under O.XXI, rules 95 and 96;
(31) applications for special costs in connection with the attachment and/or sale of immovable property;
(32) applications for special directions to the Nazir as to the service or execution of any process of the Court;
(33) applications for order for withdrawal of attachment or for return of a warrant;
(34) application for stay of execution under O.XXI, R. 26(1) and (2);
(35) applications for order for payment of money realized in execution or otherwise deposited in Court including applications to share in assets realized under section 73, unless the case is on one of the cause lists for the day.
(36) applications for commissions to examine witnesses under O.XXVI, rule 1, unless the suit is on one of the lists of causes for the day, and applications for de bene esse examination;
(37) applications for extension of time under O.XXVII, R. 7, or by a party in default for further time to file written statement or affidavit of documents, and generally all applications for further time not otherwise provided for;
(38) applications for statement of names and disclosure of partners’ addresses an residence under O.XXX, rules 1 and 2;
(39) applications for leave to issue execution under O.XXX, rule 9;
(40) applications for leave to sue in forma pauperis
and investigation as to the pauperism of petitioner for leave to sue or to
appeal as a pauper;
(41) applications for orders of reference to arbitration unless the suit is
on one of the lists of causes for the day;
(42) applications for order requiring a party to a suit or matter to produce and leave with the Registrar any document not in the English language in his possession for the purpose of being officially translated;
(43) applications for return of exhibits;
(44) applications for order for the production of records or documents in the Chief Court, Original Side, or accounts filed in such records, before any other Court;
(45) applications for an order for the issue of a precept to another Court for the production of a record of such Court or of notice or summons to a Public Officer for the production of public record or register;
(46) applications for the taxation and delivery of bills of costs;
(47) applications for production, inspection of a will or a copy thereof;
(48) all matters affecting procedure arising out of applications under the 1*** succession Act, 1925, the Court-fees Act, 1870, the 1*** Companies Act 1913, the *** Trustees Act, 1866, the Trustees and Mortgagee’s Powers Act, 1866, 1*** Trusts Act, 1882 the Arbitration Act, 1940, the Guardians and Wards Act 1890, and generally in the later of any Act unless otherwise provided in the Act itself or by these rules:
Provided that-
(1) when the Registrar (O.S.) shall refuse any uncontested application under this rule, it shall, at the request of the applicant or his advocate, be referred to the Judge hearing miscellaneous matters or, if the application relates to a matter in execution proceedings, to the Judge hearing such matters; and
(2) the Registrar (O.S.) may refer to such Judge as aforesaid any matter which he considers to be a fit and proper one to be so referred by reason of its importance or difficulty or novelty or by reason of the order to be made thereon being appealable or for any other cause.
15. Appeal from the Registrar to a Judge. Any party desiring to have any question which has been decided by the Registrar (O.S.) referred to Court, may apply therefore within eight days from the date of the order complained of or within such further period as the Judge for sufficient cause may allow even after the expiry of the aforesaid period of eight days. Such application may be made by petition. Nothing in this rule applies to the provisions of rule 147.
16. Date to be fixed for hearing reference in Court. When a matter is referred to the Court under the first and the second proviso to rule 14 or when an application referred to in rule 15 is made, the Registrar (O.S.) shall fix a date for the hearing in Court and inform the parties or their advocates accordingly.
17. Costs of proceedings before Registrar (O.S.). Unless the Judge otherwise orders or the Registrar (O.S.) otherwise directs, the costs of all orders passed by and of all proceedings before the Registrar (O.S.) shall be costs in the cause.
18. Registrar (A.S.) to dispose of business in absence of Registrar (O.S.). In the absence of the Registrar (O.S.), the Registrar, Appellant Side shall, unless otherwise provided by these rules, perform all the functions required by these rules to be performed by the Registrar (O.S.), and in such cases the words “Registrar (O.S.)” in rules 14 to 17 above shall be construed to include the Registrar, Appellate Side.
19. Disposal of applications by the Deputy Registrar. The Deputy Registrar shall dispose of the following applications:-
(1) applications to record payments out of Court under O.XXI, rule 2(1) of the Code and also under rule 2(2) of the Code when no cause is shown; and
(2) applications for transfer or filing of decrees under O.XXI, rule 5, 7 and 8 of the Code.
CHAPTER III
THE ORIGINAL SIDE OFFICE
DATES AND CAUSE-LISTS
20. Registrar, (O.S.) to fix dates on every Saturday. (1) Every Saturday on which the office of the Court is open the Registrar (O.S.) or, in his absence, the Deputy Registrar shall sit at 12 noon to fix dates in suits or matters pending on the Original Side and shall for the purpose be attended by the Sheristeder or one of his assistants.
Dates in interlocutory proceedings in suits or matters shall be fixed by the Sheristedar concerned on every Saturday as aforesaid.
(2) All matters adjourned in Court during the week without dates shall be deemed to be adjourned to the following working Saturday for the purpose of dates being fixed.
21. Day for short causes. Short causes shall be set down for fina disposal on such day as the Judge sitting on the Original Side shall appoint.
22. What are short causes. The following suits or matters shall be deemed to be short causes:-
(1) ex parte suits;
(2) undefended suits;
(3) suits in which written statement filed disclose no defence;
(4) suits under O.XXXVI (in which leave to defend has been granted);
(5) mortgage suits, rent suits, suits on bonds or acknowledgements;
(6) objections to commissioner’s report;
(7) such other suits or matters as may, by special order of the Judge, be directed to be tried as short causes.
Any other suit or matter shall be deemed to be a long cause.
23. Transfer of short causes to long causes. Any short cause which the Judge before whom it is set down for final disposal does not think fit to try as a short cause, may be transferred to the long Cause List.
24. Days for execution proceedings, etc. Proceedings in execution of a decree or order and proceedings under Special Acts when set down for hearing in Court shall be set down for that purpose on such days and before such Judge as the Chief Judge may from time to time by general or special order prescribe.
Explanation.- The following applications and proceedings shall be deemed to be proceedings in execution for the purpose of this rule:-
(1) all applications and proceedings under section 47 and O.XXI of the Code;
(2) applications for leave to issue execution under O.XXX, rule 9;
(3) all proceedings on the returns of writs or notices issued before or after judgment requiring cause to be shown;
(4) all proceedings in execution referred by, or in appeal from the Registrar (O.S.).
25. Fixing of dates for final disposal. (1) Summary suits under O.XXXVII of the Code shall not be set down for hearing till the expiration of ten days from the date of service of summons. If an application for permission to defend is filed within the ten days, notice shall be given to the plaintiff or his advocate and the suit shall be set down for hearing of the application instead of for final disposal.
(2) Unless otherwise ordered, long causes in which the defendant has been duly served with summons but is called absent on the date fixed in the summons shall not be set down for final disposal:-
(a) until eight clear days from the service of the summons if the defendant or any of the defendants, as the case may be, resides within the local limits of the Chief Court;
(b) until fourteen clear days from such service if the defendant or any of the defendants, as the case may be, resides outside the local limits of the Chief Court but in India; and
(c) until such time in other cases as the Registrar (O.S.), may fix having regard to the place where the summons is to be served.
(3) In other long causes fifteen days at least shall ordinarily intervene between the settlement of issues and the date for final disposal.
26. Cases to be brought to trial in order of their age. Subject to rules 21 and 24 and to any special order in that behalf, in fixing dates for final disposal the Registrar (O.S.) or the Deputy Registrar, as the case may be, shall see-
(1) that cases are brought to trial in the order of their age irrespective of their length or difficulty; Provided that preference may be given so far as is reasonable, to-
(i) matters in which Government, public servants or soldiers are parties;
(ii) part-heard matters;
(iii) all matters the lack of decision in which is delaying decision in other proceedings; and
(2) that sufficient matters are set down for each day to secure that the day shall be fully occupied.
27. On order of transfer of Small Causes Courts suit being made, Registrar (O.S.) to send for records. When after an order for removing a suit from the Karachi Small Causes Court into the Chief Court has been made and security has been given, the Registrar (O.S.), shall send for the record of the proceedings from the Registrar, Karachi Small Causes Court and shall treat the suit as if it had been instituted on the Original Side.
28. Cause-List. (1) On the last working day in every week a list of suits, miscellaneous applications and interlocutory applications appointed to be heard on each day of the second following week shall be posted on a notice board of the Court, showing the day of the week and date, the number of suit or miscellaneous application, names of parties and the purpose for which they are fixed.
(2) Matters fixed for final disposal on any day of the week shall be entered in the list for that day according to the date of their registration, irrespective of their length or difficulty;
Provided that precedence may be given, so far as is reasonable, to,-
(i) matters in which Government, public servants or soldiers are parties;
(ii) part-heard matters;
(iii) commercial suits; and
(iv) petitions in Company matters when set down for hearing in Court.
(3) The cause-list shall be prepared under the directions of the Registrar (O.S.) or in his absence, of the Deputy Registrar, and signed by him.
(4) If their be more Judges that one on the Original Side, a separate cause-list for the board before each of the Judges shall be prepared and posted in the manner aforesaid.
(5) Unless the Judge otherwise orders, matters fixed for any day shall be called on the day in the order in which they stand in the cause-list.
29. General Cause List Book. (1) A General Cause List Book shall be maintained.
(2) The entries shall distinguish suits, execution applications and miscellaneous applications and shall give their numbers and years as registered.
(3) Interlocutory applications shall be entered under the number and year of the proceedings to which they relate and not as independent proceedings.
30. Sealing of summons, order, etc. The seal of the Court shall not be put to any writ of summons, warrant, order or other mandatory process unless the same be signed by the officer whose duty it is to prepare and make out the same.
31. Duties of Sheristedar. The Sheristedar shall perform the following duties:-
(1) sign memoranda and attest copies of documents filed therewith:-
(2) cancel court-fee stamps;
(3) grant summonses for witnesses not being summonses for the appearance of public officers or for the production of public records, and to sign all civil process;
(4) dispose of applications for the return of documents and other material objects in civil matters after the expiry of the period or disposal of appeal;
(5) dispose of applications by parties for copies and translation, and certify copies;
(6) sign registers and diaries and certify decisions and orders to lower Courts;
(7) be interpreter and attend on the Judge in Court;
(8) perform such other duties as are prescribed under these rules or as the Chief Judge may, from time to time, by general or special order direct.
32. Registers. The following judicial Registers shall be kept on the Civil Original Side by the such ministerial officer or officers as the Registrar (O.S.) may, subject to any order of the Chief Judge direct:-
(i) Register of Rejected plaints;
(ii) Register of Civil Suits;
(iii) Register of Documents filed in Civil Suits;
(iv) Register of Miscellaneous Applications;
(v) Register of Wills;
(vi) Register of Decrees received for execution from other Courts; and
(vii) Register of Execution Applications.
33. Arrangement of record in pending matters. The record of a regular suit shall be divided into the following four parts:-
(i) main file;
(ii) interlocutory file;
(iii) process file; and
(iv) execution file.
34. Contents of each file. (1) In the main file shall be filed in the following order the-
(i) diary;
(ii) plaint together with any schedule annexed thereto;
(iii) order sheet;
(iv) written-statement;
(v) memorandum of issues;
(vi) all the evidence, including the documents exhibited in evidence;
(vii) application for reference to arbitration, the award of arbitrators, petition of compromise and report of the Commissioner, if any;
(viii) judgment and decree; and
(ix) copy of the judgment and of the decree of the Appellate Court or Courts, if any.
(2) In the interlocutory file shall be filed (i) the index and (ii) all petitions, affidavits and other documents not specified as included in any other file: Provided that all documents produced in a pending suit or matter shall, until exhibited in evidence, be deposited for safe custody in the safes in charge of the Record-Keeper.
(3) The process file shall contain-
(i) the index;
(ii) powers of attorney;
(iii) summonses and other processes and affidavits relating thereto;
(iv) applications for summoning witnesses;
(v) letters, etc. calling for records, etc;
(vi) all other miscellaneous papers.
(4) The execution file shall contain-
(i) the diary;
(ii) the execution application;
(iii) the order sheet;
(iv) all processes and other papers connected with such execution proceedings.
35. Binding and title page. The splitting up of the record and the distribution of the papers into the proper files shall in all cases be done at the outset and shall be continued from time to time as and when they are received; papers in each file shall be paged separately.
The different files shall be kept together.
36. One file in miscellaneous applications. In miscellaneous applications there may be only one file with a title page prefixed to it. Immediately after the title page shall be filed the diary, the miscellaneous application, the order sheet and then other documents.
37. Diaries. Diaries shall be kept in Form No.1 in Appendix A by the Sheristedar or his assistant attending in Court. They shall be written legibly. The diary in the main file shall show a concise history of the suit or matter including the substance of the order passed on all interlocutory applications therein. The diary in execution proceedings shall contain a complete record of all proceedings in execution of a decree.
38. Order sheet. (1) The order sheet shall contain all orders passed by the Court at any hearing.
(2) Orders shall be written in the order sheet in English by the Judge with his own hand, except long orders or oral orders dictated by the Judge which may be typed and placed immediately after the order sheet: Provided that formal orders may be written by the Sheristedar or other officer attending the Court, but they shall be signed by the Judge.
(3) The order sheet shall also contain reference to the number of the page of the application, return, report or other similar document with respect to which an order is made.
(4) Except in the case of such routine orders as “call for the record” “put up with the record” and orders made in chambers, orders shall not be written on applications, returns, reports and other similar documents.
39. Removal of record from Court-house. No member of the establishment shall remove any official paper or record whatever from the Court-house without the special sanction of the Registrar (O.S.).
PART II
PROCEDURE ON THE ORIGINAL SIDE
CHAPTER IV
GENERAL PRACTICE AND PROCEDURE
Form of Proceedings
40. Proceedings how written. Every plaint, written statement, miscellaneous application, originating summons and like document presented to the Court-
(1) shall be correctly written, typewritten or printed fairly and legibly on durable white foolscap paper or other paper similar to it in size and quality, with an inner margin of about an inch and a quarter wide and with at least an inch and a half of open sheet being left at the top and the bottom of each sheet;
Cause title
(2) shall be entitled “In the Chief Court of Sindh” and shall state the jurisdiction (whether Original Civil, Testamentary or Intestate, Matrimonial etc.,) in which it is presented;
Paragraphs
(3) shall be divided into paragraphs numbered consecutively, each paragraph containing as nearly as may be a separate allegation;
Dates
(4) where Indian dates are used, shall give the corresponding English dates; and
Application for translation of vernacular documents
(5) Where vernacular documents are attached or relied on shall be accompanied with an application for translation into English.
41. Names etc., of parties. (1) The full name, residence and description of each party and, if such is the case, the fact that any party sues or is sued in a representative character, shall be set out at the beginning of the plaint or miscellaneous application, and need not be repeated in the subsequent proceedings in the same suit or matter.
(2) Names of parties shall bear consecutive numbers and a separate line should be allotted to the name and description of each person.
(3) These numbers shall not be changed, and in the event of the death of a party during pendency of the suit or matter, his heirs or representatives, if more than one, shall be shown by sub-numbers. Where fresh parties are brought in, they may be numbered consecutively in the particular category in which they are brought in.
42. Authority to be stated. Every proceeding shall state immediately after the cause title the Act and section of the Act or other authority under which it purports to be made.
43. Draftman’s endorsement. At the foot or every pleading and miscellaneous application there shall appear the name and signature of the person who hands rafted it and if the draftsman is not the advocate of the party presenting it also the signature of his advocate, if any, in token of his acceptance of the draft and responsibility therefore.
44. Particulars to be stated in address for service. The address for service required to be filed under rules 19 to 26 added to O.VII, rules 11 and 12 added to O.VIII, rule 38 added to O.XLI, rule 8 added to O.XLVI and rule 10 to O.XLVII shall state the following particulars:-
(i) The name of the street, lane or section and number of the house (if any);
(ii) the name of the town or village
(iii) the post office; and
(iv) the taluka and district.
45. Initialing alteration, etc. Every interlineations, erasure or correction in any pleading, miscellaneous application, execution application or like document shall be initialled by the party or his recognized agent or advocate presenting it.
Vakalatnama
46. Form of Vakalatname. Vakalatnama shall be in Form No. 2 in Appendix A.
47. Execution and attestation of vakalatnama. Execution of a vakalatnama by a party shall in any case, where a party is illiterate, be by thereon and shall be attested by a person I whose presence such thumb impression affixing his thumb-impression is affixed and who shall certify such fact on the vakalatnama under his signature.
48. Endorsement on Vakalatnama. (1) Every advocate
filing a vakalatnama shall endorse thereon under his own signature the following
particulars:-
(i) his acceptance and the date thereof;
(ii) his address for service; and
(iii) the name of the person from whom it is received.
(2) No Advocate shall be entitled to act under a vakalatnama which is not endorsed as herein provided.
49. Notice of change of advocate. A party desiring to obtain an order for change of his advocate on record in a suit or matter shall first give notice of his intended application for change to that advocate, and the fact of such notice having been served shall be stated in the affidavit in support of such application.
50. Notice of discharge to a client. An advocate on record in a suit or matter desiring to obtain an order for his discharge, shall first give notice of his intended application for discharge to his client and the fact of such notice having been served shall be stated in the affidavit in support of such application.
51. Advocate-General and Government Pleader not to file vakalatnama. The Advocate-General, the Government Pleader in the Chief Court or any other advocate appearing on behalf of the Secretary of State the Central Government, the Crown Representative, or the Provincial Government shall not be required to file a vakalatnama.
Affidavits
52. Ex-officio Commissioners. The Registrar, Appellate Side, the Registrar (O.S.), the Deputy Registrar, the Official Commissioner, the Nazir, the Deputy Nazir and the Sheristedars on the Original and Appellate sides shall be ex-officio Commissioners for taking affidavits in respect of matters and causes to be instituted or instituted in the Chief Court.
53. Title. Every affidavit shall be entitled in the suit or matter in which it is sworn or affirmed; but in every case in which there are more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant, respectively and that there are other plaintiffs or defendants as the case may be.
54. Form. Every affidavit shall be drawn up in the first person and shall be divided into paragraphs and every paragraph shall be numbered consecutively and, as nearly as may be shall be confined to a distinct portion of the subject. No costs shall be allowed for an affidavit or part of an affidavit substantially departing from this rule.
55. Deponent’s description. Every affidavit shall state the name description, place of residence and occupation, if any, of the deponent.
56. Endorsement should state on whose behalf filed. Every affidavit shall bear at the head an endorsement stating on whose behalf it is filed.
57. Source of information to be disclosed. (1) Every affidavit shall express clearly how much is a statement of the deponent’s own knowledge and how much is a statement made on his information or belief and shall also state the source or grounds of the information or belief with sufficient particularity.
(2) When a particular fact is not within the deponent’s own knowledge but is stated from information obtained from others, the deponent must use the expression “I am informed” and should add “and verily believe it to be true” if such be the case. He must also state the name and address of, and sufficiently describe for the purpose of identification, the person or persons from whom he received such information. When the statement rests on facts disclosed in documents or copies of documents, procured from any Court of justice or other source, the deponent shall state what is the source from which they were procured and his information or belief as to the truth of the facts disclosed in such documents.
(3) All documents referred to in such affidavit and as shall be in the possession of the deponent shall be produced in original, unless copies thereof are admissible in evidence or are permitted by the Registrar (O.S.) to be produced pending production of the original and shall bear numbers or letters of identification.
58. Affidavit stating matter of opinion. Every affidavit stating any matter of opinion shall show the qualifications of the deponent to express such opinion by reference to the length of experience, acquaintance with the opinion is with the person or matter as to which the opinion is expressed or other means of the knowledge of the deponent.
59. Scandalous matters. The Court may order to be struck out from any affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between advocate and client.
60. Alterations and interlineations. Alterations and interlineations shall, before an affidavit is sworn or affirmed, be authenticated by the initials of the Officer taking the affidavit (hereinafter in this Chapter called the Commissioner) and no affidavit having therein any alteration or interlineations not so authenticated, or any erasure, shall, except with the leave of the Court, be filed or made use of in any matter.
61. Attestation fee. (1) An attestation fee at the rate prescribed under the scale in Chapter V in Appendix C shall be levied for each affidavit 1 [be paid to the officers making the attested.]
1*** ***
62. Affidavit how taken outside Court House. When an affidavit is required to be sworn or affirmed outside the Court House, a written requisition shall be made to the Registrar, Appellate Side, along with the fee prescribed in the scale in Chapter V in Appendix C stating where the Commissioner is required to attend and for what purpose and why he is so required. On receipt of such requisition the Registrar, Appellate Side, shall, unless he sees any reason to the contrary, require a qualified officer of the Chief Court to attend as Commissioner at such time as he thinks proper. Fees for attestation done without the precincts of the Chief Court shall ordinarily be paid to the officer making the attestation provided it is done outside office hours.
63. Reading of contents of affidavit to deponent. (1) The Commissioner shall, before the affidavit is sworn or affirmed, ask the deponent if he has read it and understood its contents. If the deponent says that he has not read the affidavit or is ignorant of the language in which it is written, or appears to the commissioner to be illiterate, blind or not otherwise able to understand the contents thereof, the Commissioner shall read and explain the affidavit to the deponent in a language which he understands.
(2) If it is necessary to employ an interpreter for this, purpose, the interpreter shall be sworn to interpret truly.
(3) When an affidavit is read, translated or explained as hereinabove provided, the Commissioner shall certify in writing at the foot of the affidavit that it has been so read translated or explained by him or in his presence, as the case may be, and that the deponent appeared fully to understand the same at the time of swearing or affirming the affidavit and made his signature or thumb-impression in his presence.
(4) Where an interpreter is employed, he shall swear or affirm an affidavit that he is thoroughly conversant with the language in which the affidavit is written and the language spoken by the deponent and that he truly and accurately interpreted and explained the affidavit.
64. Endorsement of the Commissioner. The Commissioner shall endorse at the foot of the affidavit the date on which and, in the event of the affidavit having been taken elsewhere than in the Court House, the place where the affidavit is taken, and shall sign his name and description at the end and initial each page.
65. Identification of deponent. Where the deponent of an affidavit is personally known to the Commissioner, the fact shall be stated in the attestation. Otherwise, the affidavit shall be attested by some person who knows the deponents personally and is also known to the Commissioner personally.
66. Purdanashin woman. Where the deponent is a purdanashin woman, she shall be identified by a person to whom she is known and before whom she is accustomed to appear unveiled, and such person shall, at the foot of the affidavit, certify that the deponent was identified by him and sign his name thereto, and shall also prove such identification by a separate affidavit.
67. Every exhibit to be initialled and dated. Every exhibit annexed to any affidavit shall be initialled and dated by the Commissioner.
68. Form of certificates. The endorsements on the affidavit shall be as in Form No.3 in Appendix A.
69. What affidavit shall not be used in evidence. An affidavit not sworn or affirmed in the manner hereinbefore provided shall not be used in evidence.
70. Use of defective affidavit. The Court may receive any affidavit sworn or affirmed for the purpose of being used in any suit or matter, notwithstanding any defect due to a misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may make a memorandum on the affidavit that it has been so received.
NOTE.- Jurat means a memorandum as to when, where, and before whom an affidavit is sworn.
71. Special time for filing affidavit. Where a special time is allowed for filing an affidavit, no affidavit filed after that time shall be used unless by the leave of the Court obtained on an application made in that behalf.
72. Proof on affidavits. (1) Unless otherwise provided by these rules or ordered by the Court, any facts required to be proved in the following matters may be proved by affidavit:-
(a) any uncontested case under Regulation VIII of 1872, the 1*** Succession Act, 1925, and the Guardians and Wards, Act, 1890;
(b) suits in which defendants do not appear when called
on for hearing;
(c) interlocutory application; and
(d) proof as to the ability of the judgment-debtor to pay the decretal amount in execution applications for arrest, where the judgment-debtor does not appear at the hearing though served with notice.
Explanation.- For the purpose of this rule, an application under rules 58, 97, 99 or 100 of O.XXI of the Code shall be deemed to be an interlocutory application.
(2) Nothing in this rule shall be deeded to affect the provisions of section 12 of the Deccan Agriculturists’ Relief Act 1879, or limit or otherwise affect the power of the Court to order or permit proof by affidavit in other cases as provided in Order XIX of the Code.
Interlocutory Proceedings
73. Form. Every interlocutory application shall be entitled in the suit or matter in which it is filed.
74. Contents thereof. (1) Except where otherwise provided by these rules or by any law for the time being in force, an interlocutory application:-
(a) shall contain only one prayer or one series of alternative prayers of the same kind;
(b) shall not contain any argumentative matter;
(c) shall be supported” by affidavits stating clearly the grounds and the facts on which the application is based; and
(d) when filed in a suit or matter valued at Rs.50 or less, shall specify the fact that it is so valued by a note to that effect at the top of the left and margin.
(2) Every application not in accordance with this rule shall be returned for amendment.
75. Counter-affidavits, etc. (1) Unless the Court in its discretion extends or abridges the time, counter-affidavits must be filed not less than 4 days before the hearing.
(2) Not more than one affidavit in rejoinder may be filed without the leave of the Court and that not one less than 2 days before the hearing unless the Court in its discretion extends or abridges the time. Such affidavit shall be confined strictly to matter of reply.
(3) No counter-affidavit and no affidavit in rejoinder shall be filed unless a copy thereof and copies of accompaniments thereto, if any, have been previously served on each party or his advocate, if any. Parties or their advocates-served with such copies shall give a receipt therefore. Copies shall be authenticated by the signature of the parties of their advocates, if any, on each page at the bottom of the left hand margin.
(4) Except by leave of the Court, no affidavit in support of an application, no counter-affidavit and no affidavit in rejoinder beyond those which are filed and copies of which with accompaniments thereto are served in time as aforesaid shall be used at the hearing, or allowed on taxation.
<