The Bombay High Court Judges' Library
THE BOMBAY HIGH COURT (ORIGINAL SIDE) RULES
[ Updated upto 09th September, 2015 ]
Table of Contents
Chapter No.
Particulars
PART - I
Advocates And Registered Clerks
PART - II
Rules Relating To The Jurisdiction Of The High Court On Its Original Side
Chapter-I
Original Jurisdiction
Chapter-II
Vacations And Holidays
Chapter-III
Rules Applicable To All Offices On The Original Side
Chapter-IV
Institution Of The Suit
Chapter-V
Minors And Persons Of Unsound Mind
Chapter-VI
Writ Of Summons
Chapter-VII
Written Statement, Set-Off And Counter-Claim
Chapter-VIII
Third Party Procedure
Chapter-IX
Chamber Work
Chapter-X
Notices Of Motion
Chapter-XI
-Matters Arising Pending Suit
-Discovery And Inspection
-Change And Discharge Of Advocate
Chapter-XII
Affidavits
Chapter-XIII
Suits By Indigent Persons
Chapter-XIV
Summary Suits
Chapter-XV
Commercial Causes
Chapter-XVI
Administration Suits
Chapter-XVII
Originating Summons
Chapter-XVIII
Computation Of Time And Power To Enlarge Or Abridge Time
Chapter-XIX
Search And Certified Copies
Chapter-XX
- Proceedings At The Hearing Of Suits And Upto And Inclusive Of Decrees
- Decrees And Orders Passed In Courts
Chapter-XXI
Arrest And Attachment Before Judgment
Chapter-XXII
Execution Of Decrees And Orders
Chapter-XXIII
Garnishee Proceedings
Chapter-XXIV
Guardians Of Minors And Of Persons Of Unsound Mind
Chapter-XXV
Receipts And Payments By Officers Of The Court
Chapter-XXVI
Testamentary And Intestate Jurisdiction
Chapter-XXVII
Security
Chapter-XXVIII
Office Of The Sheriff Of Bombay
Chapter-XXIX
- Office Of The Commissioner For Taking Accounts
- Sale Of Properties
- Settling Proclamation Of Sale In Execution
- Miscellaneous
Chapter-XXX
Office of the Receiver
Chapter-XXXI
Taxation And Advocate Fee
Chapter-XXXII
Office Of The Chief Translator And Interpreter
Chapter-XXXIII
Rules For The Issue Of Writs Under Article 226 Of Constitution Other Then Habeas Corpus
Chapter-XXXIV
Rules Relating To Reference Under The Land Acquisition Act, 1894 (Act No. I of 1894)
Chapter-XXXV
Rules Relating To Reference And Applications Under Section 256 Of The Income Tax Act, 1961 ( Act No. 43 of 1961)
Chapter-XXXVI
Rules Relating To Reference And Applications Under Section 27 Of The Wealth Tax Act,1957 (Act No 27 of 1957)
Chapter-XXXVII
Rules Relating To Reference And Applications Under Section 64 Of The Estate Duty Act, 1953 (Act No. 34 of 1953)
Chapter-XXXVIII
Rules Relating To Refereces And Applications Under Section 26 Of The Gift-Tax Act,1958 (Act No. 18 of 1958)
Chapter-XXXIX
Rules Relating To References And Application Under Section 61 Of The Bombay Sales Tax Act, 1959 (Act No. 51 of 1959)
Chapter-XL
Rules Under The Banking Regulations Act, 1949 (Act No. 10 of 1949)
Chapter-XLI
Rules Under The Arbitration Act, 1940 (Act No. 10 of 1940)
Chapter-XLII
Rules Under The Arbitration (Protocol And Convention) Act, 1937 (Act No. 6 of 1937)
Chapter-XLIII
Rules Under The Foreign Awards (Recognition And Enforcement) Act, 1961
(Act No. 45 of 1961)
Chapter-XLIII-A
Rules Relating To Arbitration And Conciliation Act, 1996
Chapter-XLIV
Rules Under The Indian Divorce Act,1869 (Act No. 4 of 1869)
Chapter-XLV
Rules Under The Trade And Merchandise Marks Act, 1958 (Act No. 43 of 1958)
Chapter-XLVI
Rules Under The Insurance Act, 1938 (Act No. 4 of 1938)
Chapter-XLVII
Rules Under The Transfer Of Property Act, 1882 (Act No. 4 of 1882)
Chapter-XLVIII
Rules Under The Indian Trusts Act, 1882 (Act No. 2 of 1882)
Chapter-XLIX
Rules Under The Powers Of Attorney Act, 1882 (Act No. 7 of 1882)
Chapter-L
Rules Relating To Cases Under The Charterd Accountants Act, 1949
(Act No. 37 of 1949)
Chapter-LI
Review
Chapter-LII
Appeals
Chapter-LIII
Appeals To The Supreme Court
Chapter-LIII-A
Transfer Of Cases Under Article 139-A Of The Constitution
Chapter-LIV
Audit Of Accounts
Chapter-LV
Rules Relating To Reference And Applications Under Section 130 Of The Customs Act, 1962 (Act No. 130 of 1962)
Chapter-LVI
Rules Relating To References And Applications Under Section 35 Of The Central Excises And Salt Act, 1944
Chapter-LVII
Rules Relating To Reference And Applications Under Section 82 Of The Gold (Control) Act, 1986 (Act No. 82 of 1978)
Chapter-LVIII
Rules To Regulate Proceedings For Contempt Under Article 215 Of The Constitution Of India And The Contempt Of Courts Act, 1971
Chapter-LVIII-A
Norms for Presentation and Conduct of proceedings in person by parties
Chapter-LIX
Rules Relating To Cases Under The Company Secretaries Act, 1980
SHEDULE OF FORMS
PART - I
ADVOCATE AND REGISTERED CLERKS
1
Appearance of Advocates of the other High Courts on the Original Side
2
Definitions
3
Application by Advocate for registration
4
Office to maintain Register
5
Advocate shall not act if not registered
6
Office Address
7
Joint Vakalatnama
8
Registered Clerk
9
Removal of name of Clerk from Register
10
Advocate to keep accounts
11
Obligation to pay money into a "Client Account"
12
What money to be paid into a "Client Account"
13
What moneys to be withdrawn from a "Client Account"
14
Inapplicability of Rules 11, 12 and 13 in certain cases
15
Production of accounts for inspection
16
Right to lien, set-off etc., not affected
17
Appearance in pending cases to be treated as Vakalatnama
18
Rules in addition to the rules framed otherwise
19
Reference to attorney to mean Advocate
20
Certificate as an attorney
21
Dress of Advocates
22
Advocate not to appear and plead for parties on both sides
23
Advocate for the Official Liquidator not to act, appear or plead for any other party in matters arising in widning up of Company
24
Designation of Advocate as Senior Advocate
25
Application of Rules to Advocate, Supreme Court, mutatis mutandis
PART - II
RULES RELATING TO THE JURISDICTION OF THE HIGH COURT ON ITS ORIGINAL SIDE
CHAPTER I - Original Jurisdiction
26
Holding of Court on Original Side
27
Assignment of work to be made by the Chief Justice
28
Reference to two or more Judges
CHAPTER II
Vacations And Holidays
29
Vacations
30
Holidays
31
Applications in vacation and on holidays
31-A
Matters to be dealt with by a Single Judge during Vacations and Holidays
CHAPTER III
Rules Applicable To All Offices On The Original Side
32
Separate books to be kept for each year
33
Keeping of records
34
Account of Stamps
35
Receipts of documents by Officers
36
No Officer to be receiver or guardian without previous sanction
37
No Officer or Sheriff or Advocate to be surety or bail
38
Consequences of default in payment of fees
39
Late payment when deemed to be made
40
Report of personal fees and honoraria
41
Performance of duties during the temporary absence of the Head of an Office.
CHAPTER IV
Institution Of The Suit
42
Plaint
43
Particulars of claim to be annexed to plaint
44
Plaint to be verified and before whom
45
Plaint to be lodged before presentation
45A
46
Plant to be properly stamped
47
Endorsement on admission
48
Official titile only of Advocate General to appear in suit by or against him Relators
49
Form of appearance Vakalatnama to be filed on behalf of a party
50
Address for service
51
Acceptance of service by Advocate on behalf of client
52
Party re-presented by Advocate not entitled to act or appear in person
53
Parties in person to attend personally or supply address and postage if desiring information regarding his matter by post at the time of presentation.
54
Rules 42 and 44 to apply to all pleadings etc.
55
Petitions to be on oath
56
Forms of appearance or vakalatnama in petitions etc.
57
General List of suits
58
Prospective List of suits
59
Working of Prospective List
60
Transfer of suit to Stayed List"A"
61
Transfer of suit to Stayed List "B"
62
Removal of a suit for trial to High Court from any subordinate Court
CHAPTER V
Minors And Persons Of Unsound Mind
63
Next friend of minor to make affidavit Order of appointment unnecessary
64
Procedure by petition when defendant is a minor
65
Person eligible to be guardian-ad-litem
66
Procedure when plaintiff unable to obtain consent of persons eligible
67
Service of summons on guardian-ad-litem
68
Application of Rules 63 to 67 to persons of unsound mind
CHAPTER VI
Writ Of summons
69
Summons to defendant
70
Name and address of the party or of the Advocate to be stated in every process
71
Summonses, etc., how attested and signed
72
Sealing of summons, rule, decree
73
Returnable date of summons in matrimonial suits and hearing of such suits
74
In suits other then matrimonial and summary suits, writ of summons to specify the time for filing an
appearance or vakalatnama and written statement.
75
(1) Returnable date of summons in suits other then matrimonal and summary suits
(2) Such suits to be placed on Board for directions
76
Mode of service of summons
77
Writ of summons and other process not to be served on Saturdays, Sundays and Holidays.
78
Service at Advocate's Office not to be effected after 5-30 p.m.
79
Undertaking by Advocate to accept service
80
Only one writ may be served, when Advocate appears for serveral defendants
81
Copy plaint to be furnished to the defendant
82
Power to direct issue of fresh summons
83
Service of notice on Attorney-General or Advocate-General
84
Proof of service of summons
85
When service through Court
86
Substituted service
87
Suits to be placed on Board for dismissal if summons not served within six months
CHAPTER VII
Written Statement, Set-Off And Counter-Claim
88
Time for filing appearance or vakalatnama by the defendant
89
In default of filing appearance or vakalatnama and written-statement, suit may be set down on Board as undefended.
90
Judgment for want of written-statement
91
In default of written statement defendant may appear with the Leave of the Court or the Judge in Chambers
92
Written-statement by plaintiff
93
Set-off by defendant
94
Judge may disallow set-off
95
Counter-claim by defendant
96
Grounds in support of counter-claim to be specifically stated
97
Title of counter-claim
98
Claim against person, not party
99
Appearance by third parties
100
Reply to counter-claim
101
Exclusion of counter-claim
102
Discontinuance of suit
103
Defendant to counter-claim in default
104
Judgment for balance
105
Payment with denial of liability
106
Mode of withdrawing money paid with denial of liability
CHAPTER VIII
Third Party Procedure
107
Third party notice
108
Form and service of notice
109
Effect of service of notice
110
Third party to enter appearance or vakalatnama
111
Consequence of failure to enter appearance or vakalatnama
112
Decree when thrid party makes default in appearance or vakalatnama
113
Third party to file affidavit in reply
114
Appearance or vakalatnama of thrid party. Directions to be given
115
Defendant to take out Chamber Summons for directions in certain cases
116
Costs
117
Setting aside thrid party proceedings
118
Right of the thrid party and of each successive thrid party to apply for thrid party notice against othe persons
119
Right of defendant to issue thrid party notice against co-defendant
120
Third party proceedings in a counter-claim
CHAPTER IX
Chamber Work
121
Matters to be disposed of by the Judge in Chambers
122
Matter before Judge in Chambers may be referred to Court and vice versa
123
Application to confirm report on a reference made in Chambers
124
Chamber-work
125
Disposal of Chamber work in Testamentary and Intestate matters and Commercial causes.
126
Chamber Summons
127
Service of Chamber Summons
128
Mode of Service
129
Time for filing Chamber Summons and affidavits
130
Vexatious or improper summons
131
Delegation of the Chamber Judge's powers to the Prothonotary and Senior Master and Additional Prothonotary and Senior Master
132
Registered Clerks of Advocates on written authority permitted to appear in Chamber matter before Prothonotary and Senior Master
133
Adjournment of matter to Judge
134
Interlocutory orders passed in Chambers not to be drawn up
135
Drawing up decrees and orders passed in chambers
136
Drawing up decrees or order in urgent cases
137
Error in decrees and orders
138
Issuing and filing of minutes of decrees or order
139
Arrangement of record of Chamber Summons after disposal
CHAPTER X
Notices Of Motion
140
Notices of Motion to be made returnable on Fridays
141
Short service of Notice of Motion
142
Notice of Motion
143
Service of Notice of Motion
144
Time for filing Notice of Motion and Affidavits
145
What affidavits can be used at the bearing
146
Notice for production of record
147
Application for interim relief
148
Undertaking to pay damages to be given by party applying for interim reliefs
149
Arrangement of record of Notice of Motion after disposal
CHAPTER XI
Matters Arising Pending Suit
150
Exparte application for formal amendment of pleadings and other documents
151
Amendment how to be made
152
Attestation of amendment
153
Postponement of suits by Prothonotary and Senior Master
154
Postponement of petitions etc. by Prothonotary and Senior Master
155
Postponement in peremptorily adjourned suits
156
Application affecting the daily board of a Judge to be made to that Judge
157
Directions to be given
158
No affidavit to be made
159
Duty to make all interlocutory applications when suit on board for directions
160
subsequent application
161
Further written statement by leave may be filed
162
Plaintiff's confession of such defence and procedure thereon
163
Prothonotary and Senior Master may draw up Order for dismissal or withdrawal of suit
Discovery And Inspection
164
Agent may make affidavit of documents when a party is not residing in Greater Bombay
165
Procedure where the affidavit is required to be made by absent party personally
166
Copies of photographs, if relied on, to be furnished to the other side on payment of charges
167
Notice of application for interrogatories
168
Service of the order for discovery
169
Service on Advocate of order for interrogatories or discovery or inspection
170
Liability of the Advocate to pay costs for neglect
171
Discovery against Sheriff
172
Effect of non-disclosure of documents
173
Removal of suits and matters from the list of references to the Commissioner and placing them on board for directions
174
Application for examination of witness under Order 18, Rule 16 or Section 76 or Order 26, Rules 1 and 4 of the Code of Civil Procedure
175
Examination of witness under Order 18, Rule 16 or Order 26, Rule 1 of the Code of Civil Procedure
176
Procedure when evidence is to be taken on interrogatories
177
Preparation etc. of Commission
178
Deposit of fees of the Commissioner
179
Procedure in examination of witness
180
Deposition of witness to be read over to and signed by him
181
Order necessary for summons to witness outside local limits
182
(a) Order necessary for production of public documents
(b) Substitution of Letter of Request for witness summons
183
Payment of expenses and allowances of witness
184
When witness disentitled to payment of expenses and allowances
185
Enforcement of payment of expenses and allowances
186
Duration of Advocate's retainer
Change And Discharge Of Advocate
187
Client's application for discharge or change of his Advocate
188
Advocate's application for his discharge
189
Responsibility of Advocate for payment of fees
189A
* * * * *
CHAPTER XII
Affidavits
190
Evidence on petition, notice of motion or Chamber Summons
191
Title of affidavits
192
Form of affidavit
193
Affidavit to be in the first person
194
Description and abode of deponent to be stated
195
Affidavit by two or more deponents
196
Before whom affidavits to be sworn
197
Officers appointed to administer oaths
198
Every exhibit to be dated and initialled
199
Place of administering oath to be stated when oath administered outside Court House
200
Affidavit not to be filed unless properly endorsed
201
Affidavit to be filed before use in Court or Chambers
202
Special time for filing affidavits
203
Alteration in affidavits
204
Use of defective affidavits
205
Affidavit by blind person
206
Scandalous matters
207
Procedure when affidavit is to be sworn outside Court House
208
Procedure when affidavit is to be sworn outside India
209
Affidavit to include plaint etc.
CHAPTER XIII
Suits By Indigent Persons
210
Definition of the word "indigent"
211
Defendant may be allowed to defend as an indigent person
212
Application by an indigent person for leave to be by petition
213
Notice for investigation
214
Suit in ordinary form may be continued as by an indigent person
215
Advocate may be appointed for indigent person
216
Duty of Advocate in suits or matters by indigent persons
217
No fees to be taken from indigent person
218
No compromise without leave of Court
219
Direction for payment of court-fees in every decree or order
220
Memo of fees to Government Advocate
CHAPTER XIV
Summary Suits
221
Summons for judgment
222
Judgment for part of claim
223
Where one defendant has good defence but another has not
224
Default in completing security or carrying out directions
225
Setting down of summary suits for hearing
226
Defendant's default in filing appearance or Vakalatnama
227
When no decree applied for within six months
CHAPTER XV
Commercial Causes
228
What are Commercial Causes ?
229
Lodging of plaints
230
Transfer to List of Commercial Causes
231
Transfer of Summary Suits to Commercial List
232
List of Commercial Causes
233
Interlocutory orders with a view to have speedy determination of the suit
234
Rules 158 and 159 to apply to Suits to be transferred to Commercial List
235
Rules 90 and 160 to apply to suit transferred to Commercial List
236
Decision on Judge may by consent be final
CHAPTER XVI
Administration Suits
237
Chamber Summons to classify interest of parties and to nominate advocates.
CHAPTER XVII
Originating Summons
238
Who may apply for the issue of Originating Summons and in respect of what matters
239
Order for administration of estate or of the trust
240
Persons to be served with the summons
241
Vendor or purchaser may apply for the issue of Originating Summons
242
Persons to be served with such summons
243
Mortgagee or Mortgagor may apply for issue of Originating Summons
244
A partner may apply for issue of Originating Summons
245
Persons interested under deed, etc. may apply for issue of Originating Summons
246
Court not bound to determine question of construction
247
Upon what person Originating Summons under rules 243 and 245 to be served
248
Service on other persons by direction
249
Plaint to be filed
250
Plaint to be numbered with letters O.S.
251
Service of Originating Summons
252
Returnable date of Originating Summons
253
No obligation to file written statement or affidavit in reply
254
When Originating Summons may be supported by evidence
255
What may be done on hearing Originating Summons
256
When costs of Originating Summons may be allowed as in a defended suit
257
When costs of Ordinary suit may be allowed as in an Originating Summons
258
Order made on Originating Summons to be drawn up as decree of Court
259
Directions as to carriage or execution of decree
260
Subsequent summons about same estate
261
Order II, Rule 2 of the Code of Civil Procedure not to apply to plaints filed in support of Originating Summons
CHAPTER XVIII
Computation Of Time And Power To Enlarge Or Abridge Tme
262
Computation of time
263
"Month" means calendar month
264
The time for giving security for costs when not to be reckoned
265
Power of Court or Judge to enlarge or abridge time
266
Enlargement of time by consent
CHAPTER XIX
Search And Certified Copies
267
Search and certified copies of documents to a party to suit or matter
268
Search and certified copies of documents to a person not a party to suit or matter
269
Deposit for certified copies
270
Charges for certified copies
271
Application to state whether copy is required for private use or otherwise
272
Application for copies liable to stamp-duty
272A
Private copies may be certified as true copies
273
The above rules to apply to certain other offices
CHAPTER XX
Proceedings at The Hearing Of Suits And Upto And Inclusive Of Decrees
274
Evidence, how taken
275
Endorsement under Order XIII, Rule 4 of the Code of Civil Procedure
276
Extracts from or entries in document admitted in evidence to be initialled and marked
277
Translation of entry to be marked instead of a copy thereof
278
Proceedings in another suit how put in as evidence
279
Exemption to Muslims from appearance on certain days
280
Exhibits to be officially translated
281
Personal liability of Advocatge on record to pay costs
282
Order for Postponement
283
Return of Plaint
284
No decree unless suit on board
285
Payment of costs to be condition precedent in the order for withdrawal of suit with liberty to file fresh suit.
286
Dismissal of suit on application of plaintiff, to be a bar to fresh suit
287
Dismissal under Order XXV, Rule 2, Civil Procedure Code to be a bar to fresh suit
288
Disposal of suit without report to be notified to Commissioner
289
Decree for maintenance
290
When Judge may order application for administration, etc. to stand-over
291
Costs of inquiry as regards right to legacy etc.
292
Distribution not to be delayed by difficulties as to some shares
293
Sale and sub-division of securities implied in order for payment out of fund
294
Post or ante-dating of decrees
295
Liberty to apply implied in decree or order that is not final
296
Judgment, how passed
297
Issuing and filing of minutes of decrees or orders passed in Court
298
Contents of decree
DECREES AND ORDERS PASSED IN COURT
299
Interlocutory orders passed in Court not to be drawn up
300
Drawing up decrees and orders passed in Court
301
Drawing up decrees in urgent cases
302
Prothonotary and Senior Master may proceed ex-parte
303
Draft decree or order may be submitted to Judge
304
Errors, how rectified after decree or order is sealed
305
Applications for return of exhibits must be made within ten days
306
Return of exhibits
CHAPTER XXI
Arrest And Attachment Before Judgment
307
Arrest and attachment before judgment
308
Conditional attachment, duration of
309
Rules 332 and 333 to apply
310
Procedure on the surety rendering the principal or principal surrendering himself
311
When principal may be rendered
312
Stay of proceedings
CHAPTER XXII
Execution Of Decrees And Orders
313
Form of application for execution
314
Certified copy of decree or order or Minutes to accompany application for execution Judge may allow execution before sealing of decree or order
315
Application for execution to be made to Prothonotary and Senior Master
316
Notice under Order XXI, Rule 22 of the Code of Civil Procedure
317
Returnable date of Notices
318
Prothonotary and Senior Master not to issue execution simultaneously against person and property
319
Application for transmission of decree or order for execution
320
Transmission of decree or order when provisions of order 21, Rule 22 apply
321
Certificate of non-satisfaction when provisions of Order 21, Rule 22 apply
322
Stay of execution on transmission
323
Transmission of decree to two or more districts simultaneously
324
Procedure when insufficient amount realised in first district
325
Procedure when insufficient amount realised in second or succeeding districts
326
Procedure when sufficient amount realised in execution
327
Return of decree or order if provisions of Order 21, Rule 22 or Order 21, Rule 6 are not complied with
328
Return of decree or order for non-prosecution
329
Non-prosecution of application for execution
330
Reference to Judge on refusal by Prothonotary and Senior Master
331
Application for receiver in execution of decree or order
332
Costs of execution to be specified on warrant of arrest
333
Costs of execution to be specified on warrant of attachment
334
When fresh application necessary
335
Payment into Court when to be made
336
Payment out of Court to be notified
337
Procedure on realization by Sheriff
338
Notice to all persons claiming to share to attend Judge in Chambers
339
Procedure on such notice
340
On realisation of monthly pay frequent certificates not to issue
341
Procedure when judgment-creditor neglect to apply for certificate
342
When such judgment-creditor alone entitled to payment
343
Acts under Order XXI, Rules 34(5) and 80 of the Code of Civil Procedurfe to be done by the Prothonotary and Senior Master
344
Procedure in case of doubt or difficulty
CHAPTER XXIII
Garnishee Notice
345
Garnishee Notice
346
Procedure when garnishee does not pay into Court or fails to appear
347
Procedure when garnishee disputes his liability
348
If notice is dismissed, attachment to standraised
349
Claim of third person
350
Order to be made on hearing thrid person
351
Order against garnishee to be executable as a decree in favour of decree holder
352
Discharge of garnishee
353
Garnishee proceedings against a firm
354
Costs to be in the discretion of the Judge
CHAPTER XXIV
Guardians Of Minors And Persons Of Unsound Mind
355
(a)
Application by foreigner for appointment as guardian of person or property of minor
(b)
Endorsement of copies of orders to the Government of India.
356
Commissioner to be informed of the appointment of a guardian of minor's property, etc.
357
Instructions to guardians
358
Deposit of minor's moneys
359
Investment of minor's money
360
Certain rules to apply to guardians of minors
361
Commissioner's Certificate to be obtained before depositing unascertained sum with Accounts Officer
362
Ascertained amount to be deposited and Accounts Officer's receipt to be produced before Commissioner
363
Bond by guardian of property of minor
364
Rules in this Chapter to apply to persons of unsound mind
CHAPTER XXV
Receipts And Payments By Officers Of The Court
365
Time for making cash deposits in Court
366
Applications for withdrawal of securities or money lying with High Court Officers
367
Application for issue of Certificate
367A
Withdrawal of the amount by minors permanently residing outside Bombay on attaining majority and in certain other cases
368
Written authority of client requisite for payment to advocate on record
CHAPTER XXVI
Testamentary And Intestate Jurisdiction
369
Definitions
370
Non-contentious matters
371
Power of the Prothonotary and Senior Master
372
Application through Advocate or in person
373
Application by parties in person Personal attendance
374
Application for probate
375
Application for Letters of Administration where the deceased has left a will
376
Application for letters of Administration where the deceased died intestate
377
Application for Succession Certificate
378
Name, etc., of Petitioner and caveator in petition and caveat
379
Verification of petition
380
Payment of Court-fees
381
Certificate of Prothonotary and Senior Master for Court-fee paid in advance
382
Delay in application
383
Interlineations, alterations, etc., in the Will should be sworn to by the attesting witness
384
In absence of attesting witness, other evidence to be produced
385
Production of deed, paper, etc., referred to in will
386
Unsigned or unattested Will
387
Attempted cancellation to be accounted for
388
Application for probate of nun-cupative or privileged Will
389
Disclosure of all persons having prior right to the grant
390
Administration to a creditor
391
Marking Will
392
Proof of identity
393
Renuncitation of probate or letters of administration
394
Application by constituted attorney
395
Proof of execution of power of attorney
396
Notice of application to whom to be given
397
Notice to next-of-kin
398
Issue and return of processes
399
Service of citations
400
Service by advertisement
401
Caveat
402
Affidavit in support of caveat
403
Procedure on affidavit in support of caveat being filed
404
Chamber summons for directions
405
Notice to prove Will in solemn form
406
Affidavit opposing grant of succession certificate
407
Procedure when two or more petitions for succession certificate are filed
408
Provisions regarding indigent person to apply
409
Search of proceedings
410
Ceertified copies
411
Production of pepers in High Court
412
Production of papers in other Court
413
Grant limited to State of Maharashtra
414
Grants throughout India
415
Amendment of grant to extend to India
416
Application for extension of Succession Certificate
417
Limited Letters of Administration
418
Limited grant not to be issued to person entitled to general grant
419
Blind or illiterate testator
420
Administration Bond in the case of Letters of Administration
421
Administration Bond in the case of Succession Certificate
422
Surety to be justified in certain cases
423
Companies as sureties
424
Attestation of Bond
425
Application under section 10 of the Administrators-General Act, 1963
426
Probates etc., to be drawn up by the office
427
Schedules of property etc., to be annexed to grant
428
Grant under section 254 of the Indian Succession Act
429
Prothonotary may refer a matter to the Judge
430
Registers of grants
431
Certificate under section 274(1)(a) of the Indian Succession Act
432
Bills of costs in suits
433
Notice by executor or administrator to creditors under section 360 and 367 of the Indian Succession Act
434
Notice to be given to parties of the filing of the account
435
Disposal of petitions for non-prosecution
436
Practice
CHAPTER XXVII
Security
437
Security to be furnished to Prothonotary and Senior Master
438
Notice to be given to the opposite party
439
Particular of security to be furnished
440
Immovable property offered as security
441
Surety or sureties as security
442
Companies or Corporations as sureties
443
Assignment of Bond
444
Rules in this chapter relating to Prothonotary to apply to other officers
CHAPTER XXVIII
Office Of The Sheriff Of Bombay
445
Sheriff to serve and execute process
446
Special bailiff to execute process within limits
447
Special bailiff to execute process beyond limits
448
Time within which writ of summons to be lodged for service
449
Date of lodging process to be noted on the process
450
Service of certain notices
451
Sheriff to execute all warrants
452
Warrant for arrest of an insolvent
453
Battaki when beaten
454
Writ of summons and other process not to be served on Saturday, Sunday and holidays
455
Service at Advocate's Office not to be effected after 5.30 p.m.
456
Service on Advocates
457
Service by parties in person
458
Translation of process to be served on person not knowing English
459
Service of summons or process received from the Registrar, High Court, Appellate Side
460
On receipt of precept warrant of Attachment to issue
461
Deposit of subsistence allowance with Warrant of Arrest
462
Judgment-creditor to make a deposit with the Sheriff for incidental expenses of maintenance of attached property
463
Sheriff to insure attached property if necessary
464
Release of person arrested or poperty attached before judgment
465
Judgment-debtor to be released on the written request of the judgment-creditor
466
Attachment to be withdrawn on the written request of the judgment-creditor
467
Levy of sums mentioned in warrant of arrest or attachment
468
Release of judgment-debtor and withdrawal of attachment on receipt or realisation of moneys mentioned in the warrant
469
Proeuction before Judge of persons arrested, order of committal, warrant of committal
470
Production of persons arrested after 8.00 p.m.
470
Superintendent of jail to keep in custody person arrested or committed
472
Production before Judge, under fresh warrant, of person already in custody
473
Application for production of person in custody
474
Liability for Sheriff's poundage
475
Advocate to file in Sheriff's Office copy of Order releasing judgment-debtor or raising attachment
476
Satisfaction not to be entered without Sheriff's certificate
477
Payment of money realised under warrant of arrest
Sheriff to certify receipt of money in other cases
Sheriff to levy the costs of Prothonotary's Order
478
Sheriff to sell property of judgment-debtor and to credit sale proceeds to Government, if unclaimed for one year
479
Proclamation of sale in case of movable property
480
Proclamation of sale in case of immovable property
481
Sale of movable property subject to certain conditions
482
Sale of immovable property subject to certain conditions
483
Rules relating to arrest and attachment after judgment to apply to arrest and attachment before judgment
484
Sheriff may give authority to Deputy Sheriff
485
Sheriff to include Deputy Shefiff, etc.
486
Performance of Deputy Sheriff's duties during his absence
CHAPTER XXIX
Office Of The Commissioner For Taking Accounts
487
Copy of decree or order to be filed
488
Party filing copy of decree or order to apply for issue of notice
489
Service of notice etc., on party concerned
490
Length of service
491
Manner of proceeding with the matter
492
Directions for filing statements of account, objections and surcharges
493
Procedure in default of filing statement of account
494
Just allowance to be made
495
Commissioner may remove matter from the file on default of appearance
496
Commissioner may proceed ex-parte
497
Commissioner may award costs of adjournment or costs on removal of matter
498
When reference or matter not prosecuted, Commissioner may remove same from file
499
Reference or matter not to be restored without order
500
Procedure on refusal or neglect of a party to do some act required to be done
501
Commissioner may obtain process for attendance or for production of documents
502
Unofficial translation of exhibit may be furnished to Commissioner
503
Registered clerks of Advocates on written authority may be permitted to appear before Commissioner
504
Appearance on a claim made against the estate of a deceased person
505
Commissioner may make interim report
506
Commissioner to report if unable to make final report in time
507
Report of Commissioner binding on parties unless discharged or varied
508
Execeptions to Commissioner's Report and their hearing
509
Setting down of suit for hearing on exceptions to Commissioner's report
510
Confirmation of commissioner's Report, when exceptions not filed
511
Procedure when no application made for confirmation
512
Procedure when Receiver fails to file account. etc.
513
Upon account being filed notice to proceed, etc. to issue
514
Commissioner's certificate to be binding on parties unless discharged or varied
515
Party dissatisfied with certificate to apply by chamber summons
Sale Of Properties
516
Copy of decree or order for sale to be filed
517
Sales to be conducted by the Commissioner
518
Sale to be to the highest bidder offering a sufficient sum
519
Carriage of proceedings
520
Documents of title to be left with the Commissioner, and to be subject to his directions
521
Conditions of sale
522
Proclamation, notification, conditions of sale and bastract of title by whom to be prepared
523
Settlement of proclamation, notification, etc.
524
Copies of prolcamation, notification, etc., to be filed
525
Notification of the sale
526
Prolcamation of sale and mode of notifying sale
527
Reserve Bid
528
Valuation by approved valuer
529
Reserved bid not to be divulged
530
Copy of proclamation, notification and conditions of sale with translation to be posted up
531
When conditions of sale to be published and hand-bills distributed
532
Postponement of sale
533
Notice of postponement of sale to be given in newspapers
534
When sale postponed, a new day to be fixed
535
Advocfate of party having carriage of proceedings to be present at the sale
536
Proclamation, notification and conditions of sale to be read out before sale
537
Bids to be entered in the Commissioner's note-book
538
Postponement of sale for want of sufficient bid
539
When property sold, form of entry to be made in the Commissioner's note-book
540
Result of sale to be entered in bidding paper
541
Agent of purchaser to sign bidding paper as such
542
Proceedings on a re-sale
543
Leaqve to bid and to set-off
544
Leave to mortgagee to bid and set-off
545
Application of incumbrancer to be made a party to the suit or to join in the sale
546
Sale of movable property
547
Sale of immovable property
548
Application to compel delivery of abstract
549
Questions arising out of objections or requisitions
550
Determination of the question whether a good title has been made out
551
Costs of inquiry
552
Application by purchaser for leave to pay purchase-money into Court
553
Application by any other party against defaulting purchaser
554
Direction for investment of purchase-money
555
Investment of purchase-money
556
Purchaser when deemed to have accepted the title
557
Purchase-money not to be paid out without an Order
558
If sale set aside, purchaser entitled to receive back his deposit, purchase-money and amount of stamp-duty with costs
559
Bidding not to be re-opened
560
Result of sale to be certified
561
Sale to be confirmed by the Court
562
Certificate of Commissioner and of Prothonotary and Senior Master to be produced for confirmation of sale
563
Possession of immovable property
564
Possession of movable property Transfer of securities and shares
565
Conveyance
566
Purchaser to prepare conveyance
567
Failure to return draft conveyance
568
Conveyance to be settled by the Commissioner
569
Certificate of approval
570
Certificate of approval
571
Substitution of name
572
Substitution of names not allowed after execution of conveyance
573
When additional price and additional stamp-duty to be paid into Court
574
One application may be made for the substitution of names and confirmation of sale
575
Extra costs of obtaining substitution of names
576
Mortgagee to include sharer in property which is subject matter of partition suit, administration suit and partnership suit
577
Sale by private contract
Settling Proclamation Of Sale In Execution
578
Copy of warrant of sale of property attached in execution to be lodged in Commissioner's Office
579
Commissioner may summon judgment-debtor to attend and produce title-deeds of his property
580
Inquiry before Commissioner as to matters specified in Order XXI, rule 66, C.P.Code
581
Notice to all persons to lodge claims against attached property
582
Time to be fixed for investment of claims
583
Inquiry into claims
584
On completion of inquiry, a list of claims to be drawn up
585
Proclamation of sale
Miscellaneous
586
Appeal from decision of Commissioner
587
Rules to apply to Special Commissioner
588
Commissioner to include Assistant Commissioner, etc.
CHAPTER XXX
Office Of The Receiver
589
Application for appointment of Receiver
590
Security to be given by a Receiver other then the Court Receiver
591
Fees of Receiver
592
Court Receiver to charge office expenses to estated
593
Investment of moneys by the Court Receiver
594
(a)
Period for filing Receiver's account with the Commissioner
(b)
Period for filing the Court Receiver's account with the Commissioner
595
Form of Receiver's account
596
Certified copy of the minutes of the decree or order to be served on the Receiver
597
Provisions for payment of Receiver's costs, etc.
598
Rules in this chapter to apply to interim receiver and administrator pendente lite
599
Sales by Court Receiver
CHAPTER XXXI
Taxation And Advocate's Fee
600
Definitions
601
Time for lodging Bill of costs by attorneys
602
Enlargement of time
603
Fixed costs in pending cases
604
Earlier rules to apply in certain cases
605
Duty of the attorney to return the papers on discharge
606
Computation of Advocate's fee
607
Charges for interpretation and administration of oath
608
Travelling allowance of a public servant
609
Court's power to fix costs where no provision is made
610
Rounding off
CHAPTER XXXII
Office Of The Chief Translator And Interpreter
611
Translator's Office to be in two parts and to be supervised by Prothonotary and Senior Master and Registrar
612
oath or affirmation to Translator and Interpreter
613
Registers of work
614
Return of work
615
Unofficial translation or interpretation prohibited
616
Interpretation of documents to blind persons
617
Interpretation of documents to deaf and dumb persons
618
Interpretation out of office hours
619
Rule 618 to apply to Special Interpreters
620
When documents should be sent for translation
621
Deposit to cover fees
622
Procedure when reader's assistance is required
623
Translation from dictation of reader when inadmissible in evidence
624
If transcript is incorrect costs of fresh translation
625
Inspection of documents lodged in Chief Translator's Office
626
Translation of document in possession of the other side
627
Copy of translation to be furnished to the other side
628
Intimation of change of Advocate to be given to the office
629
Special Translators and Interpreters
630
Translations when admissible
631
Translation may be ordered by Court
632
Sanction for immediate Translation
633
Translator's office to translate documents put in subject to translation
634
Translation of documents not relating to High Court matters
635
Interpretation of documents not relating to High Court matters
CHAPTER XXXIII
Rules For The Issue Of Writs Under Article 226 Of The Constitution Other Than Habeas Corpus
636
Application for writ, etc., under Article 226 of the Constitution
637
Rule Nisi
638
Deleted
639
Interim order
640
Service of copy of petition and documents on respondent when interim orders prayed for
641
Service of rule nisi
642
Answer to the petition
643
Service of rule on other parties
644
The Court may allow outsider to appear in certain cases
645
No further affidavits allowed
646
Adjournment for examination of witnesses
647
Execution of orders
648
Costs of appeals may be quantified
648A
A provision of Rules 986 and 133 to apply to application under this Chapter
CHAPTER XXXIV
Rules Relating To References Under The Land Acquisition Act, 1894
(Act No. I Of 1894)
649
Register of Land Acquisition References
650
Collector to furnish postal addresses of parties
651
Collector to file notices etc.
652
Prothonotary to issue notices
653
Notices to be sent by registered post
654
Returnable date of notice under sections 18 and 30
655
Application for order under section 32 of the Land Acquisition Act
CHAPTER XXXV
Rules Relating To References And Applications Under Section 256 Of The Income Tax Act, 1961 (Act No. 43 Of 1961)
656
References to be sent to the Prothonotary and Senior Master
657
Notice of reference to party at whose instance reference is made
658
Filing statement of case, issuing notice and fixing date for the hearing
659
Preparation of Paper Book
660
Faliure to file Paper Books
661
Application under sub-section (2) of section 256
662
Placing of application before the Court
663
Service of Rule Nisi
664
Time for furnishing copies of application
665
Answer to rule nisi
666
A copy of the Court's order and judgment to be sent to the Appellate Tribuanal
667
References and applications to be heard by a Bench
668
References and applications pursuant to Act XXX of 1947
669
Rules in this Chapter to apply to references and applications under section 66 of the Indian Income-tax Act, 1922
669A
* * * * *
669B
* * * * *
CHAPTER XXXVI
Rules Relating To References And Applications Under Section 27 Of The Wealth Tax Act, 1957 (Act No. 27 Of 1957)
670
References to be sent to the Prothonotary and Senior Master
671
Notice of reference to party at whose instance the reference is made
672
Filing statement of case, issuing notice and fixing date for the hearing
673
Preparatin of Paper Book
674
Failure to file Paper Book
675
Application under section 27(3)
676
Placing of application before the Court
677
Service of rule nisi
678
Time for furnishing copies of application
679
Answer to rule nisi
680
Copy of the Court's Order and judgment to be sent to the Appellate Tribunal
681
References and applications to be heard by a bench
681A
* * * * *
681B
* * * * *
CHAPTER XXXVII
Rules Relating To References And Applications Under Section 64 Of
The Estate Duty Act, 1953 (Act No. 34 Of 1953)
682
References to be sent to the Prothonotary and Senior Master
683
Notice of reference to party at whose instance reference is made
684
Filing statement of case, issuing notice and fixing date for the hearing
685
Preparation of Paper Book
686
Failure to file Paper Books
687
Application under section 64(3)
688
Placing of application before the Court
689
Service of Rule Nisi
690
Time for furnishing copies of application
691
Answer to Rule Nisi
692
Copy of the Court's Order and judgment to be sent to the Appellate Tribunal
693
Reference and applications to be heard by a Bench
CHAPTER XXXVIII
Rules Relating To References And Applications Under Section 26 Of
The Gift-Tax Act, 1958 (Act No. 18 Of 1958)
694
References to be sent to the Prothonotary and Senior Master
695
Notice of reference to party at whose instance the reference is made
696
Filing statement of case, issuing notice and fixing date for the hearing
697
Preparation of Paper Book
698
Failure to file Paper Books
699
Application under section 26(3)
700
Placing of application before the Court
701
Service of Rule Nisi
702
Time for furnishing copies of application
703
Answer to Rule Nisi
704
Copy of the Court's Order and judgment to be sent to the Appellate Tribunal
705
References and applications to be heard by a Bench
705-A
* * * * *
705-B
* * * * *
CHAPTER XXXIX
Rules Relating To References And Applications Under Section 61 Of
The Bombay Sales Tax Act, 1959 (Act No. 51 Of 1959)
706
References to be sent to the Prothonotary and Senior Master
707
Notice of reference to party at whose instance reference is made
708
Filing statement of case, issuing notice and fixing date for the hearing
709
Preparation of Paper Book
710
Failure to file Paper Books
711
Application to the High Court under section 61(1)
712
Placing of application before the Court
713
Service of Rule Nisi
714
Time for furnishing copies of application
715
Answer to Rule Nisi
716
Copy of the Court's Order and judgment to be sent to the Tribunal
717
Reference and applications to be heard by a bench
718
References in this chapter to apply to references and applications under section 34 of the Bombay Sales Tax Act,1953
CHAPTER XL
Rules Under The Banking Regulations Act, 1949 (Act No. 10 of 1949)
719
Appliction relating to Banking Companies within certain areas of the State of Maharashtra
720
General Headings
721
Presentation and hearing of petitions under Part III or Part III-A of the Act
722
Notice of petition
723
General duties and powers of the Special Officer
724
Inspection of the Report of the Reserve Bank of India
725
Applications in winding up to be by petition
726
Notice of petition
727
Affidavit in answer
728
Directions at the hearing of the petition
729
Transfer of suits and proceedings to the High Court
730
Affidavit in reply
731
When proceedings not transferred, Court may request expedition of the same
732
List of debtors
733
Service of notice
734
Affidavit in reply
735
Settlement of the list of debtors
736
Official Liquidator to report if he contests claims of depositors
737
Register of suits in winding up matters
738
Hearing of suits and matters
739
Procedure in such suits
740
Application for inspection of records
741
Recovery of dues as arrears of land revenue
742
Supervision of the carrying out of compromise or arrangement
743
These rules to be in addition to Companies (Court) Rules of the Supreme Court
Civil Appeals
744
Appeal to the High Court to be heard by Division Bench
745
Period within which appeal should be filed
746
Appeals
Criminal Complaints
747
Presentation of complaints and issue of process
748
Process in criminal cases
749
What offences to be tried summarily
750
(1)
Procedure in summary trials
(2)
Procedure in non-summary trials
751
Bail
752
Accused person to be competent witness
753
Compounding of offences
Criminal Appeals
754
(a)
Appeal against conviction
(b)
Appeal against acquittal
755
Period of limitation
756
Application to the trial Judge for a certificate
757
Appeals to be filed with the Prothonotary and Senior Master
758
Memorandum of Appeal
759
Procedure on presentation of appeal
760
Admission of appeals
761
Application for bail in appeals
762
Application for notes of evidence
763
Paper Books to be prepared by Appellant and to be typed or cyclostyled
764
Paper Books to be typed or cyclostyled on durable foolscap paper
765
Style and size of appeal paper book when printed
766
Contents of Paper Book
767
Filing of Paper Book
768
Hearing of appeals
769
Procedure in default of filing of paper books
Miscellaneous
770
Section 5, Limitation Act, applicable
771
Code of Civil Procedure, High Court Original Side Rules and Code of Criminal Procedure to apply
Chapter XLI
Rules Under The Arbitration Act, 1940 (Act No. 10 of 1940)
772
Title of application
773
Mode of application
774
Contents of petition
775
Fees of the arbitrator and umpire
776
Notice of filing application to person likely to be affected
777
Processes to be issued on application by arbitrator or umpire
778
Application to be accompanied by copy of arbitration agreement
779
Special Case
780
Form of the Special Case
781
Notice
782
Copy of the Court's Order and judgment to be forwarded
783
Issue of notice of application under section 20
784
Filing of award
785
Arbitrator or Umpire to make affidavit
786
Notice of filing award
787
Time for application for judgment on award
788
Mode of applying for such judgment
789
Code of Civil Procedure and High Court Original Side Rule to apply
Chapter XLII
Rules Under The Arbitration (Protocol And Convention) Act, 1937
(Act No. 6 Of 1937)
790
Title of application etc
791
Mode of application
792
Contents of petition
793
Stay of proceedings under section 3 of the Act
794
Enforcement of foreign award. Documents to be produced with petition
795
Procedure to be followed in case of non-production of documents
796
Code of Civil Procedure and High Court Original Side Rules to apply
Chapter XLIII
Rules Under The Foreign Awards (Recognition And Enforcement) Act, 1961
(Act No. 45 of 1961)
797
Title of application etc
798
Mode of application
799
Contents of petition
800
Stay of proceedings under section 3 of the Act
801
Enforcement of foreign award. Documents to be produced with petition
802
Procedure to be followed in case of non-production of documents with petition
803
Code of Civil Procedure and High Court Original Side Rules to apply
Chapter XLIII-A
Rules Relating To Arbitration And Conciliation Act, 1996
803A
Title of application
803B
Mode of Application
803C
Contents of Petition
803D
Fees of the Arbitrator
803E
Notice of filling application to persons likely to be affected
803F
Processes to be issued on application by Arbitrator or a party
803G
* * * * *
803H
* * * * *
803I
* * * * *
803J
* * * * *
803K
* * * * *
Chapter XLIV
Rules Under The Indian Divorce Act, 1869 (Act No. 4 of 1869)
804
Contents of petition and prayer
805
Marriage certificate to be annexed to petition
806
Verification of petition
807
Co-respondent in husband's petition
808
Intervener in wife's petition
809
Notice to appear and answer
810
Service of petition and notice
811
Answer to the petition
812
Answer to be verified and to be served on parties concerned
813
Suit may be stayed or proceeded with
814
Service of decree nisi for dissolution of marriage
815
Service of decree containing collateral matters
816
Service of decree for judicial separation or restitution of conjugal rights
817
How cause shown after decree nisi
818
Affidiavits in reply and rejoinder
819
Decree absolute when to be made
820
Application for decree absolute how made
821
Decree absolute, appearance not necessary
Alimony, Maintenance And Custody Of Childern
822
Application for alimony, Custody and Maintenance of children, Removal of child outside jurisdiction
823
Provision for wife's costs
Chapter XLV
Rules Under The Trade And Merchandise Marks Act,1958 (Act No. 43 Of 1958)
824
Definitions
825
Title of applications and appeals
826
Mode of application
827
Disposal by Judge in chambers
828
Service on Registrar
829
Record of the case in Appeal
830
Reference under section 107(2)
831
Appeals under section 108(3) and 109(5) of the Act
832
Procedure for withdrawal of application under section 109(7)
833
Notice. How to be given
834
Copy of judgment and order to be sent to the Registrar
835
Code of Civil Procedure and High Court Original Side Rules to apply
Chapter XLVI
Rules Under The Insurance Act,1938 (Act No.4 Of 1938)
836
Applications and appeals
837
Mode of application
838
Disposal of petition
839
Application under section47
840
Costs
841
No payment into Court without leave, where action is pending
842
Notice of payment into Court
843
Procedure regarding disposal of claim
844
Insurer not to be served, unless costs asked against him
Chapter XLVII
Rules Under The Transfer Of Property Act,1882 (Act No. 4 of 1882)
845
Application under section 83 of the Transfer of Property Act
846
Payment into Court of costs and expenses under section 83m of any subsequent section
847
Order for payment of money into Court under section 83
848
Notice under section 83 to be served by the Prothonotary and Senior Master
849
Notice of payment under Order 34 of Code of Civil Procedure to be given by the person making such payment
850
Application by mortgagee
851
Consequence of refusal of tender
852
Interest not to be allowed to the mortgagee in certain circumstances
853
Application for withdrawal of moneys from the Court under section 83 or any subsequent section
854
Certificate of sale and conveyance
855
Enforcement of order under this chapter
856
Rules relating to sales by Commissioner to apply to sales under the Code of Civil Procedure
Chapter XLVIII
Rules Under The Indian Trusts Act, 1882 (Act No.2 Of 1882)
857
Investment of Trust moneys
Chapter XLIX
Rules Under The Powers Of Attorney Act, 1882 (Act No.7 Of 1882)
858
Presentation of petition to the Prothonotary and Senior Master
859
Execution of power of attorney to be verified
860
Receipt to be given on power of attorney being deposited
861
Payment of fees for inspection or certified copies of the instrument so deposited
Chapter L
Rules Relating To Cases Under The Charterd Accountants Act, 1949
(Act No.37 Of 1949)
862
Case under section 21 of the Act to be filed in Prothonotary's Office
863
Appeal or revision application under section 22-A of the Act to be by petition
864
Appeal or revision application to be filed in Prothonotary's Office
865
In a reference under section 21 of the Act, Council to forward papers to the Court
866
Fixing date of hearing and issue of notice
867
Service of notices
868
In appeal or revision application under section 22-A of the Act, Council to forward all papers to this Court on being served with notice
869
Cases to be heard by a Bench of two Judges
870
Copy of final order to be sent to Council
Chapter LI
Review
871
Memorandum of Review
872
Copy of decree or order need not accompany memorandum of review
873
Contents of such memorandum
874
Filing of such memorandum and motion
875
Procedure, when Judge has ceased to be the Judge of that Court or sits at particular Bench
Chapter LII
Appeals
876
Appellate Court
877
Memorandum of Appeal
878
Copy of decree or order need not accompany Memorandum of Appeal
879
Court may dismiss appeal without notice to Respondent
880
Deleted
881
Prothonotary and Senior Master to accept memorandum
882
Endorsement of rejection
883
Application for acceptance of rejected memorandum
884
Deleted
885
Application for leave to appeal as an indigent person
886
Acceptance of petition subject to inquiry in respect of indigent person
887
Appeal to be placed for dismissal on failure to serve notice of appeal
888
Application for notes of evidence
889
Appellant to lodged index of the Appeal paper book
890
Settlement of index
891
Party aggrieved my apply to Judge
892
Contents of appeal paper book where appeal is from a decree
893
Contents of appeal paper book in other cases
894
Number of documents of similar nature
895
Appeal paper book
896
Style and size of appeal paper book when typed or cyclostyled
897
Style and size of appeal paper book when printed
898
English translation
899
Maximum printing charge for twelve copies
900
Charges to be allowed for more then twelve copies
901
Delivery of appeal paper books to respondent on payment of proportionate charges
902
Time for filing appeal paper books
903
Omission to file appeal paper books
904
Interlocutory applications in appeals
905
Application for a Bench when Appellate Court not sitting
906
Rule 153 and 163 applicable to appeals
907
When cross-objections under Order XLI, rule 22 of C.P. Code may be treated as a cross-appeal
908
Time for filing corss-objections under Order XLI, rule 26 of C.P.C.
909
Payment of amount deposited for costs of appeal.
Chapter LIII
Appeals To The Supreme Court
910
Application for certificate for an appeal to the Supreme Court
911
Particulars in petition
912
Addresses of parties
913
Notice to issue
914
Hearing of petition
915
Service of notice and copy of petition of appeal
916
Transmission of original record to the Supreme Court
917
Deposit for transmission of record
918
Failure to deposit amount for transmission of record
919
Translation by whom to be made
920
Practice as to matters concerning appeal paper books and translation of documents
921
Preparation and printing of appeal paper books in Bombay
922
Service on advocate sufficient
923
Applicability of rules to appeals by special leave
Chapter LIII-A
Transfer Of Cases Under Article 139-A Of The Constitution
923-A
Supreme Court to be informed stage of the pending case
923-B
Service of notice on the Respondent
923-C
Transmission of record and proceedings
923-D
Printed copies of paper books to be sent
923-E
Provisions contained in Chapter LIII to apply to applications under this Chapter
923-F
On transmission of printed record, office to give notice to the parties concerned
Chapter LIV
Audit Of Accounts
924
Audit of accounts of Court Receiver, the Offices of Prothonotary and Senior Master, etc.
925
Audits to be half-yearly. Report to Chief Justice 926 In case of different matter to be decided by Chief Justice or Judge appointed by Chief Justice
PART III
Admirality Jurisdiction
Rules For Regulating The Procedure And Practice In Cases Brought Before The High Court Under The Colonial Courts Of Admiralty Act, 1890 (53-54 Victorla Ch.27)
927
Definitions
928
Institution of suits
929
Caveat against arrest of property
930
Caveat against release of arrested property
931
Caveat against payment out of sale proceeds of property
932
Duration of caveat
933
Withdrawal of caveat
934
Application to set aside a caveat
935
Copy of plaint in suit against property to be served, before filing plaint, on party who has entered caveat
936
Party entering caveat to give security on filing of plaint
937
On default, suit may proceed ex-parte
938
Judgment on the claim and enforcement of payment
939
Property may be arrested notwithstanding caveat
940
Remedy where property protected by caveat is arrested without good and sufficient caquse
941
Application to arrest property in a suit in rem
942
Nationality of the ship to bhe stated and notice to be given to Consul in suits for possession, wages or necessaries
943
Warrant with Court's leave though particulars wanting
944
Sheriff to serve process
945
Service of writ or warrant, when dispensed with in suit in rem
946
Service of writ of summons or warrant of arrest in a suit in rem
947
Sheriff may apply for directions
948
Application for sale of arrested property
949
Interveners
950
Judgment for the plaintiff if claim well founded
951
Order for sale of property and determination of priority of claims
952
Property not to be released unless notice is given to the caveator
953
Penalty for delaying release
954
Release of arrested property
955
Instrument of release
956
Release by Sheriff on lodging praecipe with release
957
Sales by order of the Court
958
Procedure by Sheriff on sale of property
959
Appearance before Taxing Master
960
Payment of moneys
961
Payment of money out of Court
962
Security for latent demands
963
Security
964
Motions
965
Fees of officers, Sheriff and Advocates
966
Rules and practice of the O.S. to apply, if not inconsistent with the rules in this part
967
Forms of Admiralty Division may be followed
968
Suppression of rules
PART IV
CRIMINAL JURISDICTION
Constitution Of Court And Sitting
969
Jurisdiction to be exercised by a single Judge
970
Appellate Side to hear applications under E.O.C.J. Cases transferred to be heard on the original side in its Criminal Jurisdiction
971
Sitting of Criminal sessions
972
Clerk of the State to issue summonses and processes
973
Witnesses residing beyond certain limits not to be summoned
974
Service on Consuals and Counsular Officers
975
Attendance of witnesses under recognizances and beyond jurisdiction
976
Mode of recording evidence
977
Classification of habitual criminal by the Presiding Judge. Explanation
978
Action to be taken if the misconduct of the police comes to the notice of the Presiding Judge
Application For Bail
979
Bail application to whom to be made
980
Application for bail of prisoner committed to Sessions
981
Clerk of the State to wirte to Magistrate to produce depositions
982
On public prosecutor consenting order on shorter notice
983
Amount of bail and number of sureties
984
Prisoner may be released on entering recognizances
PART V
Miscellaneous
985
Definitions
986
Rejections of plaint, Memo of appeal, Execution Application for non-removal of office objections
986-A
Appliction for winding up under Companies Act, 1956 in respect of certain areas of THE STATE OF MAHARASHTRA
987
General Clauses Act, 1897, and section 2, Code of Civil Procedure to apply
987-A
Rules relating to Trade and Merchandise Act, 1958 to apply to this petition under the Patent Act, 1970
988
In case not provided for present practice to be followed
989
Forms to be used
990
Short title, date of commencement and applicability
991
repeal
PART V - CHAPTER LV
Rules Relating To Reference And Applications Under Section 130 Of
The Customs Act, 1962 (Act No. 130 of 1962)
992
References to be sent to the Prothonotary and Senior Master
993
Notice of reference to party at whose instance the reference is made
994
Filing statement of case issuing notice and fixing date for the hearing
995
Preparation of Paper Book
996
Failure to file Paper Books
997
Application under section 130 (3)
998
Placing of application before the Court
999
Service of rule nisi
1000
Time for furnishing copies of application
1001
Answer to rule nisi
1002
A copy of the Court's Order and Judgment to be sent to the Appellate Tribunal
1003
Reference and applications to be heard by a bench
PART V - CHAPTER LVI
Rules Relating To References And Applications Under Section 35 Of
The Central Excises And Salt Act, 1944
1004
References to be sent to the Prothonotary and Senior Master
1005
Notice of reference to party at whose instance the reference is made
1006
Filing Statement of case, issuing notice and fixing date for the hearing
1007
Preparation of Paper Book
1008
Failure to file Paper Book
1009
Application under section 35 (3)
1010
Placing of application before the Court
1011
Service of rule nisi
1012
Time for furinishing copies of application
1013
Answer to rule nisi
1014
A copy of the Court's Order and Judgment to be sent to the Appellate Tribunal
1015
References and Applications to be heard by a bench
PART V - CHAPTER LVII
Rules Relating To Reference And Applications Under Section 82 Of
The Gold (Control) Act, 1968 (Act No. 82 of 1968)
1016
References to be sent to the Prothonotary and Senior Master
1017
Notice of reference to Party at whose instance the reference is made
1018
Filing Statement of case, issuing notice and fixing date for the hearing
1019
Preparation of Paper Book
1020
Failure to file Paper Book
1021
Application under section 82(3)
1022
Placing of application before the Court
1023
Service of rule nisi
1024
Time of furnishing copies of application
1025
Answer to rule nisi
1026
A copy of the Court's Order and Judgment to be sent to the Appellate Tribunal
1027
References and applications to be heard by a bench
PART V - CHAPTER LVIII
Rules to regulate proceedings for contempt under Article 215 of the
Constitution Of India and the Contempt Of Courts Act, 1971
1028
Title
1029
Commencement
1030
Definitions
1031
PART I
1032
PART II
1033- 1048
Cognizance And Procedure
1049-1052
Enquiry
1053
PART III
CHAPTER LVIII-A
Norms for Presentation and Conduct of proceedings in person by parties
Norms for Presentation and Conduct of proceedings in person by parties
PART LIX
Rules Relating To Cases Under The Company Secretaries Act, 1980
1054
Case under section 21 of the Act to be filed in Prothonotary's Office
1055
Appeal or Revision Application under section 30 of the Act to be by
THE BOMBAY HIGH COURT (ORIGINAL SIDE) RULES
[ Updated upto 09th September, 2015 ]
Table of Contents
Chapter No.
Particulars
PART - I
Advocates And Registered Clerks
PART - II
Rules Relating To The Jurisdiction Of The High Court On Its Original Side
Chapter-I
Original Jurisdiction
Chapter-II
Vacations And Holidays
Chapter-III
Rules Applicable To All Offices On The Original Side
Chapter-IV
Institution Of The Suit
Chapter-V
Minors And Persons Of Unsound Mind
Chapter-VI
Writ Of Summons
Chapter-VII
Written Statement, Set-Off And Counter-Claim
Chapter-VIII
Third Party Procedure
Chapter-IX
Chamber Work
Chapter-X
Notices Of Motion
Chapter-XI
-Matters Arising Pending Suit
-Discovery And Inspection
-Change And Discharge Of Advocate
Chapter-XII
Affidavits
Chapter-XIII
Suits By Indigent Persons
Chapter-XIV
Summary Suits
Chapter-XV
Commercial Causes
Chapter-XVI
Administration Suits
Chapter-XVII
Originating Summons
Chapter-XVIII
Computation Of Time And Power To Enlarge Or Abridge Time
Chapter-XIX
Search And Certified Copies
Chapter-XX
- Proceedings At The Hearing Of Suits And Upto And Inclusive Of Decrees
- Decrees And Orders Passed In Courts
Chapter-XXI
Arrest And Attachment Before Judgment
Chapter-XXII
Execution Of Decrees And Orders
Chapter-XXIII
Garnishee Proceedings
Chapter-XXIV
Guardians Of Minors And Of Persons Of Unsound Mind
Chapter-XXV
Receipts And Payments By Officers Of The Court
Chapter-XXVI
Testamentary And Intestate Jurisdiction
Chapter-XXVII
Security
Chapter-XXVIII
Office Of The Sheriff Of Bombay
Chapter-XXIX
- Office Of The Commissioner For Taking Accounts
- Sale Of Properties
- Settling Proclamation Of Sale In Execution
- Miscellaneous
Chapter-XXX
Office of the Receiver
Chapter-XXXI
Taxation And Advocate Fee
Chapter-XXXII
Office Of The Chief Translator And Interpreter
Chapter-XXXIII
Rules For The Issue Of Writs Under Article 226 Of Constitution Other Then Habeas Corpus
Chapter-XXXIV
Rules Relating To Reference Under The Land Acquisition Act, 1894 (Act No. I of 1894)
Chapter-XXXV
Rules Relating To Reference And Applications Under Section 256 Of The Income Tax Act, 1961 ( Act No. 43 of 1961)
Chapter-XXXVI
Rules Relating To Reference And Applications Under Section 27 Of The Wealth Tax Act,1957 (Act No 27 of 1957)
Chapter-XXXVII
Rules Relating To Reference And Applications Under Section 64 Of The Estate Duty Act, 1953 (Act No. 34 of 1953)
Chapter-XXXVIII
Rules Relating To Refereces And Applications Under Section 26 Of The Gift-Tax Act,1958 (Act No. 18 of 1958)
Chapter-XXXIX
Rules Relating To References And Application Under Section 61 Of The Bombay Sales Tax Act, 1959 (Act No. 51 of 1959)
Chapter-XL
Rules Under The Banking Regulations Act, 1949 (Act No. 10 of 1949)
Chapter-XLI
Rules Under The Arbitration Act, 1940 (Act No. 10 of 1940)
Chapter-XLII
Rules Under The Arbitration (Protocol And Convention) Act, 1937 (Act No. 6 of 1937)
Chapter-XLIII
Rules Under The Foreign Awards (Recognition And Enforcement) Act, 1961
(Act No. 45 of 1961)
Chapter-XLIII-A
Rules Relating To Arbitration And Conciliation Act, 1996
Chapter-XLIV
Rules Under The Indian Divorce Act,1869 (Act No. 4 of 1869)
Chapter-XLV
Rules Under The Trade And Merchandise Marks Act, 1958 (Act No. 43 of 1958)
Chapter-XLVI
Rules Under The Insurance Act, 1938 (Act No. 4 of 1938)
Chapter-XLVII
Rules Under The Transfer Of Property Act, 1882 (Act No. 4 of 1882)
Chapter-XLVIII
Rules Under The Indian Trusts Act, 1882 (Act No. 2 of 1882)
Chapter-XLIX
Rules Under The Powers Of Attorney Act, 1882 (Act No. 7 of 1882)
Chapter-L
Rules Relating To Cases Under The Charterd Accountants Act, 1949
(Act No. 37 of 1949)
Chapter-LI
Review
Chapter-LII
Appeals
Chapter-LIII
Appeals To The Supreme Court
Chapter-LIII-A
Transfer Of Cases Under Article 139-A Of The Constitution
Chapter-LIV
Audit Of Accounts
Chapter-LV
Rules Relating To Reference And Applications Under Section 130 Of The Customs Act, 1962 (Act No. 130 of 1962)
Chapter-LVI
Rules Relating To References And Applications Under Section 35 Of The Central Excises And Salt Act, 1944
Chapter-LVII
Rules Relating To Reference And Applications Under Section 82 Of The Gold (Control) Act, 1986 (Act No. 82 of 1978)
Chapter-LVIII
Rules To Regulate Proceedings For Contempt Under Article 215 Of The Constitution Of India And The Contempt Of Courts Act, 1971
Chapter-LVIII-A
Norms for Presentation and Conduct of proceedings in person by parties
Chapter-LIX
Rules Relating To Cases Under The Company Secretaries Act, 1980
SHEDULE OF FORMS
PART - I
ADVOCATE AND REGISTERED CLERKS
1
Appearance of Advocates of the other High Courts on the Original Side
2
Definitions
3
Application by Advocate for registration
4
Office to maintain Register
5
Advocate shall not act if not registered
6
Office Address
7
Joint Vakalatnama
8
Registered Clerk
9
Removal of name of Clerk from Register
10
Advocate to keep accounts
11
Obligation to pay money into a "Client Account"
12
What money to be paid into a "Client Account"
13
What moneys to be withdrawn from a "Client Account"
14
Inapplicability of Rules 11, 12 and 13 in certain cases
15
Production of accounts for inspection
16
Right to lien, set-off etc., not affected
17
Appearance in pending cases to be treated as Vakalatnama
18
Rules in addition to the rules framed otherwise
19
Reference to attorney to mean Advocate
20
Certificate as an attorney
21
Dress of Advocates
22
Advocate not to appear and plead for parties on both sides
23
Advocate for the Official Liquidator not to act, appear or plead for any other party in matters arising in widning up of Company
24
Designation of Advocate as Senior Advocate
25
Application of Rules to Advocate, Supreme Court, mutatis mutandis
PART - II
RULES RELATING TO THE JURISDICTION OF THE HIGH COURT ON ITS ORIGINAL SIDE
CHAPTER I - Original Jurisdiction
26
Holding of Court on Original Side
27
Assignment of work to be made by the Chief Justice
28
Reference to two or more Judges
CHAPTER II
Vacations And Holidays
29
Vacations
30
Holidays
31
Applications in vacation and on holidays
31-A
Matters to be dealt with by a Single Judge during Vacations and Holidays
CHAPTER III
Rules Applicable To All Offices On The Original Side
32
Separate books to be kept for each year
33
Keeping of records
34
Account of Stamps
35
Receipts of documents by Officers
36
No Officer to be receiver or guardian without previous sanction
37
No Officer or Sheriff or Advocate to be surety or bail
38
Consequences of default in payment of fees
39
Late payment when deemed to be made
40
Report of personal fees and honoraria
41
Performance of duties during the temporary absence of the Head of an Office.
CHAPTER IV
Institution Of The Suit
42
Plaint
43
Particulars of claim to be annexed to plaint
44
Plaint to be verified and before whom
45
Plaint to be lodged before presentation
45A
46
Plant to be properly stamped
47
Endorsement on admission
48
Official titile only of Advocate General to appear in suit by or against him Relators
49
Form of appearance Vakalatnama to be filed on behalf of a party
50
Address for service
51
Acceptance of service by Advocate on behalf of client
52
Party re-presented by Advocate not entitled to act or appear in person
53
Parties in person to attend personally or supply address and postage if desiring information regarding his matter by post at the time of presentation.
54
Rules 42 and 44 to apply to all pleadings etc.
55
Petitions to be on oath
56
Forms of appearance or vakalatnama in petitions etc.
57
General List of suits
58
Prospective List of suits
59
Working of Prospective List
60
Transfer of suit to Stayed List"A"
61
Transfer of suit to Stayed List "B"
62
Removal of a suit for trial to High Court from any subordinate Court
CHAPTER V
Minors And Persons Of Unsound Mind
63
Next friend of minor to make affidavit Order of appointment unnecessary
64
Procedure by petition when defendant is a minor
65
Person eligible to be guardian-ad-litem
66
Procedure when plaintiff unable to obtain consent of persons eligible
67
Service of summons on guardian-ad-litem
68
Application of Rules 63 to 67 to persons of unsound mind
CHAPTER VI
Writ Of summons
69
Summons to defendant
70
Name and address of the party or of the Advocate to be stated in every process
71
Summonses, etc., how attested and signed
72
Sealing of summons, rule, decree
73
Returnable date of summons in matrimonial suits and hearing of such suits
74
In suits other then matrimonial and summary suits, writ of summons to specify the time for filing an
appearance or vakalatnama and written statement.
75
(1) Returnable date of summons in suits other then matrimonal and summary suits
(2) Such suits to be placed on Board for directions
76
Mode of service of summons
77
Writ of summons and other process not to be served on Saturdays, Sundays and Holidays.
78
Service at Advocate's Office not to be effected after 5-30 p.m.
79
Undertaking by Advocate to accept service
80
Only one writ may be served, when Advocate appears for serveral defendants
81
Copy plaint to be furnished to the defendant
82
Power to direct issue of fresh summons
83
Service of notice on Attorney-General or Advocate-General
84
Proof of service of summons
85
When service through Court
86
Substituted service
87
Suits to be placed on Board for dismissal if summons not served within six months
CHAPTER VII
Written Statement, Set-Off And Counter-Claim
88
Time for filing appearance or vakalatnama by the defendant
89
In default of filing appearance or vakalatnama and written-statement, suit may be set down on Board as undefended.
90
Judgment for want of written-statement
91
In default of written statement defendant may appear with the Leave of the Court or the Judge in Chambers
92
Written-statement by plaintiff
93
Set-off by defendant
94
Judge may disallow set-off
95
Counter-claim by defendant
96
Grounds in support of counter-claim to be specifically stated
97
Title of counter-claim
98
Claim against person, not party
99
Appearance by third parties
100
Reply to counter-claim
101
Exclusion of counter-claim
102
Discontinuance of suit
103
Defendant to counter-claim in default
104
Judgment for balance
105
Payment with denial of liability
106
Mode of withdrawing money paid with denial of liability
CHAPTER VIII
Third Party Procedure
107
Third party notice
108
Form and service of notice
109
Effect of service of notice
110
Third party to enter appearance or vakalatnama
111
Consequence of failure to enter appearance or vakalatnama
112
Decree when thrid party makes default in appearance or vakalatnama
113
Third party to file affidavit in reply
114
Appearance or vakalatnama of thrid party. Directions to be given
115
Defendant to take out Chamber Summons for directions in certain cases
116
Costs
117
Setting aside thrid party proceedings
118
Right of the thrid party and of each successive thrid party to apply for thrid party notice against othe persons
119
Right of defendant to issue thrid party notice against co-defendant
120
Third party proceedings in a counter-claim
CHAPTER IX
Chamber Work
121
Matters to be disposed of by the Judge in Chambers
122
Matter before Judge in Chambers may be referred to Court and vice versa
123
Application to confirm report on a reference made in Chambers
124
Chamber-work
125
Disposal of Chamber work in Testamentary and Intestate matters and Commercial causes.
126
Chamber Summons
127
Service of Chamber Summons
128
Mode of Service
129
Time for filing Chamber Summons and affidavits
130
Vexatious or improper summons
131
Delegation of the Chamber Judge's powers to the Prothonotary and Senior Master and Additional Prothonotary and Senior Master
132
Registered Clerks of Advocates on written authority permitted to appear in Chamber matter before Prothonotary and Senior Master
133
Adjournment of matter to Judge
134
Interlocutory orders passed in Chambers not to be drawn up
135
Drawing up decrees and orders passed in chambers
136
Drawing up decrees or order in urgent cases
137
Error in decrees and orders
138
Issuing and filing of minutes of decrees or order
139
Arrangement of record of Chamber Summons after disposal
CHAPTER X
Notices Of Motion
140
Notices of Motion to be made returnable on Fridays
141
Short service of Notice of Motion
142
Notice of Motion
143
Service of Notice of Motion
144
Time for filing Notice of Motion and Affidavits
145
What affidavits can be used at the bearing
146
Notice for production of record
147
Application for interim relief
148
Undertaking to pay damages to be given by party applying for interim reliefs
149
Arrangement of record of Notice of Motion after disposal
CHAPTER XI
Matters Arising Pending Suit
150
Exparte application for formal amendment of pleadings and other documents
151
Amendment how to be made
152
Attestation of amendment
153
Postponement of suits by Prothonotary and Senior Master
154
Postponement of petitions etc. by Prothonotary and Senior Master
155
Postponement in peremptorily adjourned suits
156
Application affecting the daily board of a Judge to be made to that Judge
157
Directions to be given
158
No affidavit to be made
159
Duty to make all interlocutory applications when suit on board for directions
160
subsequent application
161
Further written statement by leave may be filed
162
Plaintiff's confession of such defence and procedure thereon
163
Prothonotary and Senior Master may draw up Order for dismissal or withdrawal of suit
Discovery And Inspection
164
Agent may make affidavit of documents when a party is not residing in Greater Bombay
165
Procedure where the affidavit is required to be made by absent party personally
166
Copies of photographs, if relied on, to be furnished to the other side on payment of charges
167
Notice of application for interrogatories
168
Service of the order for discovery
169
Service on Advocate of order for interrogatories or discovery or inspection
170
Liability of the Advocate to pay costs for neglect
171
Discovery against Sheriff
172
Effect of non-disclosure of documents
173
Removal of suits and matters from the list of references to the Commissioner and placing them on board for directions
174
Application for examination of witness under Order 18, Rule 16 or Section 76 or Order 26, Rules 1 and 4 of the Code of Civil Procedure
175
Examination of witness under Order 18, Rule 16 or Order 26, Rule 1 of the Code of Civil Procedure
176
Procedure when evidence is to be taken on interrogatories
177
Preparation etc. of Commission
178
Deposit of fees of the Commissioner
179
Procedure in examination of witness
180
Deposition of witness to be read over to and signed by him
181
Order necessary for summons to witness outside local limits
182
(a) Order necessary for production of public documents
(b) Substitution of Letter of Request for witness summons
183
Payment of expenses and allowances of witness
184
When witness disentitled to payment of expenses and allowances
185
Enforcement of payment of expenses and allowances
186
Duration of Advocate's retainer
Change And Discharge Of Advocate
187
Client's application for discharge or change of his Advocate
188
Advocate's application for his discharge
189
Responsibility of Advocate for payment of fees
189A
* * * * *
CHAPTER XII
Affidavits
190
Evidence on petition, notice of motion or Chamber Summons
191
Title of affidavits
192
Form of affidavit
193
Affidavit to be in the first person
194
Description and abode of deponent to be stated
195
Affidavit by two or more deponents
196
Before whom affidavits to be sworn
197
Officers appointed to administer oaths
198
Every exhibit to be dated and initialled
199
Place of administering oath to be stated when oath administered outside Court House
200
Affidavit not to be filed unless properly endorsed
201
Affidavit to be filed before use in Court or Chambers
202
Special time for filing affidavits
203
Alteration in affidavits
204
Use of defective affidavits
205
Affidavit by blind person
206
Scandalous matters
207
Procedure when affidavit is to be sworn outside Court House
208
Procedure when affidavit is to be sworn outside India
209
Affidavit to include plaint etc.
CHAPTER XIII
Suits By Indigent Persons
210
Definition of the word "indigent"
211
Defendant may be allowed to defend as an indigent person
212
Application by an indigent person for leave to be by petition
213
Notice for investigation
214
Suit in ordinary form may be continued as by an indigent person
215
Advocate may be appointed for indigent person
216
Duty of Advocate in suits or matters by indigent persons
217
No fees to be taken from indigent person
218
No compromise without leave of Court
219
Direction for payment of court-fees in every decree or order
220
Memo of fees to Government Advocate
CHAPTER XIV
Summary Suits
221
Summons for judgment
222
Judgment for part of claim
223
Where one defendant has good defence but another has not
224
Default in completing security or carrying out directions
225
Setting down of summary suits for hearing
226
Defendant's default in filing appearance or Vakalatnama
227
When no decree applied for within six months
CHAPTER XV
Commercial Causes
228
What are Commercial Causes ?
229
Lodging of plaints
230
Transfer to List of Commercial Causes
231
Transfer of Summary Suits to Commercial List
232
List of Commercial Causes
233
Interlocutory orders with a view to have speedy determination of the suit
234
Rules 158 and 159 to apply to Suits to be transferred to Commercial List
235
Rules 90 and 160 to apply to suit transferred to Commercial List
236
Decision on Judge may by consent be final
CHAPTER XVI
Administration Suits
237
Chamber Summons to classify interest of parties and to nominate advocates.
CHAPTER XVII
Originating Summons
238
Who may apply for the issue of Originating Summons and in respect of what matters
239
Order for administration of estate or of the trust
240
Persons to be served with the summons
241
Vendor or purchaser may apply for the issue of Originating Summons
242
Persons to be served with such summons
243
Mortgagee or Mortgagor may apply for issue of Originating Summons
244
A partner may apply for issue of Originating Summons
245
Persons interested under deed, etc. may apply for issue of Originating Summons
246
Court not bound to determine question of construction
247
Upon what person Originating Summons under rules 243 and 245 to be served
248
Service on other persons by direction
249
Plaint to be filed
250
Plaint to be numbered with letters O.S.
251
Service of Originating Summons
252
Returnable date of Originating Summons
253
No obligation to file written statement or affidavit in reply
254
When Originating Summons may be supported by evidence
255
What may be done on hearing Originating Summons
256
When costs of Originating Summons may be allowed as in a defended suit
257
When costs of Ordinary suit may be allowed as in an Originating Summons
258
Order made on Originating Summons to be drawn up as decree of Court
259
Directions as to carriage or execution of decree
260
Subsequent summons about same estate
261
Order II, Rule 2 of the Code of Civil Procedure not to apply to plaints filed in support of Originating Summons
CHAPTER XVIII
Computation Of Time And Power To Enlarge Or Abridge Tme
262
Computation of time
263
"Month" means calendar month
264
The time for giving security for costs when not to be reckoned
265
Power of Court or Judge to enlarge or abridge time
266
Enlargement of time by consent
CHAPTER XIX
Search And Certified Copies
267
Search and certified copies of documents to a party to suit or matter
268
Search and certified copies of documents to a person not a party to suit or matter
269
Deposit for certified copies
270
Charges for certified copies
271
Application to state whether copy is required for private use or otherwise
272
Application for copies liable to stamp-duty
272A
Private copies may be certified as true copies
273
The above rules to apply to certain other offices
CHAPTER XX
Proceedings at The Hearing Of Suits And Upto And Inclusive Of Decrees
274
Evidence, how taken
275
Endorsement under Order XIII, Rule 4 of the Code of Civil Procedure
276
Extracts from or entries in document admitted in evidence to be initialled and marked
277
Translation of entry to be marked instead of a copy thereof
278
Proceedings in another suit how put in as evidence
279
Exemption to Muslims from appearance on certain days
280
Exhibits to be officially translated
281
Personal liability of Advocatge on record to pay costs
282
Order for Postponement
283
Return of Plaint
284
No decree unless suit on board
285
Payment of costs to be condition precedent in the order for withdrawal of suit with liberty to file fresh suit.
286
Dismissal of suit on application of plaintiff, to be a bar to fresh suit
287
Dismissal under Order XXV, Rule 2, Civil Procedure Code to be a bar to fresh suit
288
Disposal of suit without report to be notified to Commissioner
289
Decree for maintenance
290
When Judge may order application for administration, etc. to stand-over
291
Costs of inquiry as regards right to legacy etc.
292
Distribution not to be delayed by difficulties as to some shares
293
Sale and sub-division of securities implied in order for payment out of fund
294
Post or ante-dating of decrees
295
Liberty to apply implied in decree or order that is not final
296
Judgment, how passed
297
Issuing and filing of minutes of decrees or orders passed in Court
298
Contents of decree
DECREES AND ORDERS PASSED IN COURT
299
Interlocutory orders passed in Court not to be drawn up
300
Drawing up decrees and orders passed in Court
301
Drawing up decrees in urgent cases
302
Prothonotary and Senior Master may proceed ex-parte
303
Draft decree or order may be submitted to Judge
304
Errors, how rectified after decree or order is sealed
305
Applications for return of exhibits must be made within ten days
306
Return of exhibits
CHAPTER XXI
Arrest And Attachment Before Judgment
307
Arrest and attachment before judgment
308
Conditional attachment, duration of
309
Rules 332 and 333 to apply
310
Procedure on the surety rendering the principal or principal surrendering himself
311
When principal may be rendered
312
Stay of proceedings
CHAPTER XXII
Execution Of Decrees And Orders
313
Form of application for execution
314
Certified copy of decree or order or Minutes to accompany application for execution Judge may allow execution before sealing of decree or order
315
Application for execution to be made to Prothonotary and Senior Master
316
Notice under Order XXI, Rule 22 of the Code of Civil Procedure
317
Returnable date of Notices
318
Prothonotary and Senior Master not to issue execution simultaneously against person and property
319
Application for transmission of decree or order for execution
320
Transmission of decree or order when provisions of order 21, Rule 22 apply
321
Certificate of non-satisfaction when provisions of Order 21, Rule 22 apply
322
Stay of execution on transmission
323
Transmission of decree to two or more districts simultaneously
324
Procedure when insufficient amount realised in first district
325
Procedure when insufficient amount realised in second or succeeding districts
326
Procedure when sufficient amount realised in execution
327
Return of decree or order if provisions of Order 21, Rule 22 or Order 21, Rule 6 are not complied with
328
Return of decree or order for non-prosecution
329
Non-prosecution of application for execution
330
Reference to Judge on refusal by Prothonotary and Senior Master
331
Application for receiver in execution of decree or order
332
Costs of execution to be specified on warrant of arrest
333
Costs of execution to be specified on warrant of attachment
334
When fresh application necessary
335
Payment into Court when to be made
336
Payment out of Court to be notified
337
Procedure on realization by Sheriff
338
Notice to all persons claiming to share to attend Judge in Chambers
339
Procedure on such notice
340
On realisation of monthly pay frequent certificates not to issue
341
Procedure when judgment-creditor neglect to apply for certificate
342
When such judgment-creditor alone entitled to payment
343
Acts under Order XXI, Rules 34(5) and 80 of the Code of Civil Procedurfe to be done by the Prothonotary and Senior Master
344
Procedure in case of doubt or difficulty
CHAPTER XXIII
Garnishee Notice
345
Garnishee Notice
346
Procedure when garnishee does not pay into Court or fails to appear
347
Procedure when garnishee disputes his liability
348
If notice is dismissed, attachment to standraised
349
Claim of third person
350
Order to be made on hearing thrid person
351
Order against garnishee to be executable as a decree in favour of decree holder
352
Discharge of garnishee
353
Garnishee proceedings against a firm
354
Costs to be in the discretion of the Judge
CHAPTER XXIV
Guardians Of Minors And Persons Of Unsound Mind
355
(a)
Application by foreigner for appointment as guardian of person or property of minor
(b)
Endorsement of copies of orders to the Government of India.
356
Commissioner to be informed of the appointment of a guardian of minor's property, etc.
357
Instructions to guardians
358
Deposit of minor's moneys
359
Investment of minor's money
360
Certain rules to apply to guardians of minors
361
Commissioner's Certificate to be obtained before depositing unascertained sum with Accounts Officer
362
Ascertained amount to be deposited and Accounts Officer's receipt to be produced before Commissioner
363
Bond by guardian of property of minor
364
Rules in this Chapter to apply to persons of unsound mind
CHAPTER XXV
Receipts And Payments By Officers Of The Court
365
Time for making cash deposits in Court
366
Applications for withdrawal of securities or money lying with High Court Officers
367
Application for issue of Certificate
367A
Withdrawal of the amount by minors permanently residing outside Bombay on attaining majority and in certain other cases
368
Written authority of client requisite for payment to advocate on record
CHAPTER XXVI
Testamentary And Intestate Jurisdiction
369
Definitions
370
Non-contentious matters
371
Power of the Prothonotary and Senior Master
372
Application through Advocate or in person
373
Application by parties in person Personal attendance
374
Application for probate
375
Application for Letters of Administration where the deceased has left a will
376
Application for letters of Administration where the deceased died intestate
377
Application for Succession Certificate
378
Name, etc., of Petitioner and caveator in petition and caveat
379
Verification of petition
380
Payment of Court-fees
381
Certificate of Prothonotary and Senior Master for Court-fee paid in advance
382
Delay in application
383
Interlineations, alterations, etc., in the Will should be sworn to by the attesting witness
384
In absence of attesting witness, other evidence to be produced
385
Production of deed, paper, etc., referred to in will
386
Unsigned or unattested Will
387
Attempted cancellation to be accounted for
388
Application for probate of nun-cupative or privileged Will
389
Disclosure of all persons having prior right to the grant
390
Administration to a creditor
391
Marking Will
392
Proof of identity
393
Renuncitation of probate or letters of administration
394
Application by constituted attorney
395
Proof of execution of power of attorney
396
Notice of application to whom to be given
397
Notice to next-of-kin
398
Issue and return of processes
399
Service of citations
400
Service by advertisement
401
Caveat
402
Affidavit in support of caveat
403
Procedure on affidavit in support of caveat being filed
404
Chamber summons for directions
405
Notice to prove Will in solemn form
406
Affidavit opposing grant of succession certificate
407
Procedure when two or more petitions for succession certificate are filed
408
Provisions regarding indigent person to apply
409
Search of proceedings
410
Ceertified copies
411
Production of pepers in High Court
412
Production of papers in other Court
413
Grant limited to State of Maharashtra
414
Grants throughout India
415
Amendment of grant to extend to India
416
Application for extension of Succession Certificate
417
Limited Letters of Administration
418
Limited grant not to be issued to person entitled to general grant
419
Blind or illiterate testator
420
Administration Bond in the case of Letters of Administration
421
Administration Bond in the case of Succession Certificate
422
Surety to be justified in certain cases
423
Companies as sureties
424
Attestation of Bond
425
Application under section 10 of the Administrators-General Act, 1963
426
Probates etc., to be drawn up by the office
427
Schedules of property etc., to be annexed to grant
428
Grant under section 254 of the Indian Succession Act
429
Prothonotary may refer a matter to the Judge
430
Registers of grants
431
Certificate under section 274(1)(a) of the Indian Succession Act
432
Bills of costs in suits
433
Notice by executor or administrator to creditors under section 360 and 367 of the Indian Succession Act
434
Notice to be given to parties of the filing of the account
435
Disposal of petitions for non-prosecution
436
Practice
CHAPTER XXVII
Security
437
Security to be furnished to Prothonotary and Senior Master
438
Notice to be given to the opposite party
439
Particular of security to be furnished
440
Immovable property offered as security
441
Surety or sureties as security
442
Companies or Corporations as sureties
443
Assignment of Bond
444
Rules in this chapter relating to Prothonotary to apply to other officers
CHAPTER XXVIII
Office Of The Sheriff Of Bombay
445
Sheriff to serve and execute process
446
Special bailiff to execute process within limits
447
Special bailiff to execute process beyond limits
448
Time within which writ of summons to be lodged for service
449
Date of lodging process to be noted on the process
450
Service of certain notices
451
Sheriff to execute all warrants
452
Warrant for arrest of an insolvent
453
Battaki when beaten
454
Writ of summons and other process not to be served on Saturday, Sunday and holidays
455
Service at Advocate's Office not to be effected after 5.30 p.m.
456
Service on Advocates
457
Service by parties in person
458
Translation of process to be served on person not knowing English
459
Service of summons or process received from the Registrar, High Court, Appellate Side
460
On receipt of precept warrant of Attachment to issue
461
Deposit of subsistence allowance with Warrant of Arrest
462
Judgment-creditor to make a deposit with the Sheriff for incidental expenses of maintenance of attached property
463
Sheriff to insure attached property if necessary
464
Release of person arrested or poperty attached before judgment
465
Judgment-debtor to be released on the written request of the judgment-creditor
466
Attachment to be withdrawn on the written request of the judgment-creditor
467
Levy of sums mentioned in warrant of arrest or attachment
468
Release of judgment-debtor and withdrawal of attachment on receipt or realisation of moneys mentioned in the warrant
469
Proeuction before Judge of persons arrested, order of committal, warrant of committal
470
Production of persons arrested after 8.00 p.m.
470
Superintendent of jail to keep in custody person arrested or committed
472
Production before Judge, under fresh warrant, of person already in custody
473
Application for production of person in custody
474
Liability for Sheriff's poundage
475
Advocate to file in Sheriff's Office copy of Order releasing judgment-debtor or raising attachment
476
Satisfaction not to be entered without Sheriff's certificate
477
Payment of money realised under warrant of arrest
Sheriff to certify receipt of money in other cases
Sheriff to levy the costs of Prothonotary's Order
478
Sheriff to sell property of judgment-debtor and to credit sale proceeds to Government, if unclaimed for one year
479
Proclamation of sale in case of movable property
480
Proclamation of sale in case of immovable property
481
Sale of movable property subject to certain conditions
482
Sale of immovable property subject to certain conditions
483
Rules relating to arrest and attachment after judgment to apply to arrest and attachment before judgment
484
Sheriff may give authority to Deputy Sheriff
485
Sheriff to include Deputy Shefiff, etc.
486
Performance of Deputy Sheriff's duties during his absence
CHAPTER XXIX
Office Of The Commissioner For Taking Accounts
487
Copy of decree or order to be filed
488
Party filing copy of decree or order to apply for issue of notice
489
Service of notice etc., on party concerned
490
Length of service
491
Manner of proceeding with the matter
492
Directions for filing statements of account, objections and surcharges
493
Procedure in default of filing statement of account
494
Just allowance to be made
495
Commissioner may remove matter from the file on default of appearance
496
Commissioner may proceed ex-parte
497
Commissioner may award costs of adjournment or costs on removal of matter
498
When reference or matter not prosecuted, Commissioner may remove same from file
499
Reference or matter not to be restored without order
500
Procedure on refusal or neglect of a party to do some act required to be done
501
Commissioner may obtain process for attendance or for production of documents
502
Unofficial translation of exhibit may be furnished to Commissioner
503
Registered clerks of Advocates on written authority may be permitted to appear before Commissioner
504
Appearance on a claim made against the estate of a deceased person
505
Commissioner may make interim report
506
Commissioner to report if unable to make final report in time
507
Report of Commissioner binding on parties unless discharged or varied
508
Execeptions to Commissioner's Report and their hearing
509
Setting down of suit for hearing on exceptions to Commissioner's report
510
Confirmation of commissioner's Report, when exceptions not filed
511
Procedure when no application made for confirmation
512
Procedure when Receiver fails to file account. etc.
513
Upon account being filed notice to proceed, etc. to issue
514
Commissioner's certificate to be binding on parties unless discharged or varied
515
Party dissatisfied with certificate to apply by chamber summons
Sale Of Properties
516
Copy of decree or order for sale to be filed
517
Sales to be conducted by the Commissioner
518
Sale to be to the highest bidder offering a sufficient sum
519
Carriage of proceedings
520
Documents of title to be left with the Commissioner, and to be subject to his directions
521
Conditions of sale
522
Proclamation, notification, conditions of sale and bastract of title by whom to be prepared
523
Settlement of proclamation, notification, etc.
524
Copies of prolcamation, notification, etc., to be filed
525
Notification of the sale
526
Prolcamation of sale and mode of notifying sale
527
Reserve Bid
528
Valuation by approved valuer
529
Reserved bid not to be divulged
530
Copy of proclamation, notification and conditions of sale with translation to be posted up
531
When conditions of sale to be published and hand-bills distributed
532
Postponement of sale
533
Notice of postponement of sale to be given in newspapers
534
When sale postponed, a new day to be fixed
535
Advocfate of party having carriage of proceedings to be present at the sale
536
Proclamation, notification and conditions of sale to be read out before sale
537
Bids to be entered in the Commissioner's note-book
538
Postponement of sale for want of sufficient bid
539
When property sold, form of entry to be made in the Commissioner's note-book
540
Result of sale to be entered in bidding paper
541
Agent of purchaser to sign bidding paper as such
542
Proceedings on a re-sale
543
Leaqve to bid and to set-off
544
Leave to mortgagee to bid and set-off
545
Application of incumbrancer to be made a party to the suit or to join in the sale
546
Sale of movable property
547
Sale of immovable property
548
Application to compel delivery of abstract
549
Questions arising out of objections or requisitions
550
Determination of the question whether a good title has been made out
551
Costs of inquiry
552
Application by purchaser for leave to pay purchase-money into Court
553
Application by any other party against defaulting purchaser
554
Direction for investment of purchase-money
555
Investment of purchase-money
556
Purchaser when deemed to have accepted the title
557
Purchase-money not to be paid out without an Order
558
If sale set aside, purchaser entitled to receive back his deposit, purchase-money and amount of stamp-duty with costs
559
Bidding not to be re-opened
560
Result of sale to be certified
561
Sale to be confirmed by the Court
562
Certificate of Commissioner and of Prothonotary and Senior Master to be produced for confirmation of sale
563
Possession of immovable property
564
Possession of movable property Transfer of securities and shares
565
Conveyance
566
Purchaser to prepare conveyance
567
Failure to return draft conveyance
568
Conveyance to be settled by the Commissioner
569
Certificate of approval
570
Certificate of approval
571
Substitution of name
572
Substitution of names not allowed after execution of conveyance
573
When additional price and additional stamp-duty to be paid into Court
574
One application may be made for the substitution of names and confirmation of sale
575
Extra costs of obtaining substitution of names
576
Mortgagee to include sharer in property which is subject matter of partition suit, administration suit and partnership suit
577
Sale by private contract
Settling Proclamation Of Sale In Execution
578
Copy of warrant of sale of property attached in execution to be lodged in Commissioner's Office
579
Commissioner may summon judgment-debtor to attend and produce title-deeds of his property
580
Inquiry before Commissioner as to matters specified in Order XXI, rule 66, C.P.Code
581
Notice to all persons to lodge claims against attached property
582
Time to be fixed for investment of claims
583
Inquiry into claims
584
On completion of inquiry, a list of claims to be drawn up
585
Proclamation of sale
Miscellaneous
586
Appeal from decision of Commissioner
587
Rules to apply to Special Commissioner
588
Commissioner to include Assistant Commissioner, etc.
CHAPTER XXX
Office Of The Receiver
589
Application for appointment of Receiver
590
Security to be given by a Receiver other then the Court Receiver
591
Fees of Receiver
592
Court Receiver to charge office expenses to estated
593
Investment of moneys by the Court Receiver
594
(a)
Period for filing Receiver's account with the Commissioner
(b)
Period for filing the Court Receiver's account with the Commissioner
595
Form of Receiver's account
596
Certified copy of the minutes of the decree or order to be served on the Receiver
597
Provisions for payment of Receiver's costs, etc.
598
Rules in this chapter to apply to interim receiver and administrator pendente lite
599
Sales by Court Receiver
CHAPTER XXXI
Taxation And Advocate's Fee
600
Definitions
601
Time for lodging Bill of costs by attorneys
602
Enlargement of time
603
Fixed costs in pending cases
604
Earlier rules to apply in certain cases
605
Duty of the attorney to return the papers on discharge
606
Computation of Advocate's fee
607
Charges for interpretation and administration of oath
608
Travelling allowance of a public servant
609
Court's power to fix costs where no provision is made
610
Rounding off
CHAPTER XXXII
Office Of The Chief Translator And Interpreter
611
Translator's Office to be in two parts and to be supervised by Prothonotary and Senior Master and Registrar
612
oath or affirmation to Translator and Interpreter
613
Registers of work
614
Return of work
615
Unofficial translation or interpretation prohibited
616
Interpretation of documents to blind persons
617
Interpretation of documents to deaf and dumb persons
618
Interpretation out of office hours
619
Rule 618 to apply to Special Interpreters
620
When documents should be sent for translation
621
Deposit to cover fees
622
Procedure when reader's assistance is required
623
Translation from dictation of reader when inadmissible in evidence
624
If transcript is incorrect costs of fresh translation
625
Inspection of documents lodged in Chief Translator's Office
626
Translation of document in possession of the other side
627
Copy of translation to be furnished to the other side
628
Intimation of change of Advocate to be given to the office
629
Special Translators and Interpreters
630
Translations when admissible
631
Translation may be ordered by Court
632
Sanction for immediate Translation
633
Translator's office to translate documents put in subject to translation
634
Translation of documents not relating to High Court matters
635
Interpretation of documents not relating to High Court matters
CHAPTER XXXIII
Rules For The Issue Of Writs Under Article 226 Of The Constitution Other Than Habeas Corpus
636
Application for writ, etc., under Article 226 of the Constitution
637
Rule Nisi
638
Deleted
639
Interim order
640
Service of copy of petition and documents on respondent when interim orders prayed for
641
Service of rule nisi
642
Answer to the petition
643
Service of rule on other parties
644
The Court may allow outsider to appear in certain cases
645
No further affidavits allowed
646
Adjournment for examination of witnesses
647
Execution of orders
648
Costs of appeals may be quantified
648A
A provision of Rules 986 and 133 to apply to application under this Chapter
CHAPTER XXXIV
Rules Relating To References Under The Land Acquisition Act, 1894
(Act No. I Of 1894)
649
Register of Land Acquisition References
650
Collector to furnish postal addresses of parties
651
Collector to file notices etc.
652
Prothonotary to issue notices
653
Notices to be sent by registered post
654
Returnable date of notice under sections 18 and 30
655
Application for order under section 32 of the Land Acquisition Act
CHAPTER XXXV
Rules Relating To References And Applications Under Section 256 Of The Income Tax Act, 1961 (Act No. 43 Of 1961)
656
References to be sent to the Prothonotary and Senior Master
657
Notice of reference to party at whose instance reference is made
658
Filing statement of case, issuing notice and fixing date for the hearing
659
Preparation of Paper Book
660
Faliure to file Paper Books
661
Application under sub-section (2) of section 256
662
Placing of application before the Court
663
Service of Rule Nisi
664
Time for furnishing copies of application
665
Answer to rule nisi
666
A copy of the Court's order and judgment to be sent to the Appellate Tribuanal
667
References and applications to be heard by a Bench
668
References and applications pursuant to Act XXX of 1947
669
Rules in this Chapter to apply to references and applications under section 66 of the Indian Income-tax Act, 1922
669A
* * * * *
669B
* * * * *
CHAPTER XXXVI
Rules Relating To References And Applications Under Section 27 Of The Wealth Tax Act, 1957 (Act No. 27 Of 1957)
670
References to be sent to the Prothonotary and Senior Master
671
Notice of reference to party at whose instance the reference is made
672
Filing statement of case, issuing notice and fixing date for the hearing
673
Preparatin of Paper Book
674
Failure to file Paper Book
675
Application under section 27(3)
676
Placing of application before the Court
677
Service of rule nisi
678
Time for furnishing copies of application
679
Answer to rule nisi
680
Copy of the Court's Order and judgment to be sent to the Appellate Tribunal
681
References and applications to be heard by a bench
681A
* * * * *
681B
* * * * *
CHAPTER XXXVII
Rules Relating To References And Applications Under Section 64 Of
The Estate Duty Act, 1953 (Act No. 34 Of 1953)
682
References to be sent to the Prothonotary and Senior Master
683
Notice of reference to party at whose instance reference is made
684
Filing statement of case, issuing notice and fixing date for the hearing
685
Preparation of Paper Book
686
Failure to file Paper Books
687
Application under section 64(3)
688
Placing of application before the Court
689
Service of Rule Nisi
690
Time for furnishing copies of application
691
Answer to Rule Nisi
692
Copy of the Court's Order and judgment to be sent to the Appellate Tribunal
693
Reference and applications to be heard by a Bench
CHAPTER XXXVIII
Rules Relating To References And Applications Under Section 26 Of
The Gift-Tax Act, 1958 (Act No. 18 Of 1958)
694
References to be sent to the Prothonotary and Senior Master
695
Notice of reference to party at whose instance the reference is made
696
Filing statement of case, issuing notice and fixing date for the hearing
697
Preparation of Paper Book
698
Failure to file Paper Books
699
Application under section 26(3)
700
Placing of application before the Court
701
Service of Rule Nisi
702
Time for furnishing copies of application
703
Answer to Rule Nisi
704
Copy of the Court's Order and judgment to be sent to the Appellate Tribunal
705
References and applications to be heard by a Bench
705-A
* * * * *
705-B
* * * * *
CHAPTER XXXIX
Rules Relating To References And Applications Under Section 61 Of
The Bombay Sales Tax Act, 1959 (Act No. 51 Of 1959)
706
References to be sent to the Prothonotary and Senior Master
707
Notice of reference to party at whose instance reference is made
708
Filing statement of case, issuing notice and fixing date for the hearing
709
Preparation of Paper Book
710
Failure to file Paper Books
711
Application to the High Court under section 61(1)
712
Placing of application before the Court
713
Service of Rule Nisi
714
Time for furnishing copies of application
715
Answer to Rule Nisi
716
Copy of the Court's Order and judgment to be sent to the Tribunal
717
Reference and applications to be heard by a bench
718
References in this chapter to apply to references and applications under section 34 of the Bombay Sales Tax Act,1953
CHAPTER XL
Rules Under The Banking Regulations Act, 1949 (Act No. 10 of 1949)
719
Appliction relating to Banking Companies within certain areas of the State of Maharashtra
720
General Headings
721
Presentation and hearing of petitions under Part III or Part III-A of the Act
722
Notice of petition
723
General duties and powers of the Special Officer
724
Inspection of the Report of the Reserve Bank of India
725
Applications in winding up to be by petition
726
Notice of petition
727
Affidavit in answer
728
Directions at the hearing of the petition
729
Transfer of suits and proceedings to the High Court
730
Affidavit in reply
731
When proceedings not transferred, Court may request expedition of the same
732
List of debtors
733
Service of notice
734
Affidavit in reply
735
Settlement of the list of debtors
736
Official Liquidator to report if he contests claims of depositors
737
Register of suits in winding up matters
738
Hearing of suits and matters
739
Procedure in such suits
740
Application for inspection of records
741
Recovery of dues as arrears of land revenue
742
Supervision of the carrying out of compromise or arrangement
743
These rules to be in addition to Companies (Court) Rules of the Supreme Court
Civil Appeals
744
Appeal to the High Court to be heard by Division Bench
745
Period within which appeal should be filed
746
Appeals
Criminal Complaints
747
Presentation of complaints and issue of process
748
Process in criminal cases
749
What offences to be tried summarily
750
(1)
Procedure in summary trials
(2)
Procedure in non-summary trials
751
Bail
752
Accused person to be competent witness
753
Compounding of offences
Criminal Appeals
754
(a)
Appeal against conviction
(b)
Appeal against acquittal
755
Period of limitation
756
Application to the trial Judge for a certificate
757
Appeals to be filed with the Prothonotary and Senior Master
758
Memorandum of Appeal
759
Procedure on presentation of appeal
760
Admission of appeals
761
Application for bail in appeals
762
Application for notes of evidence
763
Paper Books to be prepared by Appellant and to be typed or cyclostyled
764
Paper Books to be typed or cyclostyled on durable foolscap paper
765
Style and size of appeal paper book when printed
766
Contents of Paper Book
767
Filing of Paper Book
768
Hearing of appeals
769
Procedure in default of filing of paper books
Miscellaneous
770
Section 5, Limitation Act, applicable
771
Code of Civil Procedure, High Court Original Side Rules and Code of Criminal Procedure to apply
Chapter XLI
Rules Under The Arbitration Act, 1940 (Act No. 10 of 1940)
772
Title of application
773
Mode of application
774
Contents of petition
775
Fees of the arbitrator and umpire
776
Notice of filing application to person likely to be affected
777
Processes to be issued on application by arbitrator or umpire
778
Application to be accompanied by copy of arbitration agreement
779
Special Case
780
Form of the Special Case
781
Notice
782
Copy of the Court's Order and judgment to be forwarded
783
Issue of notice of application under section 20
784
Filing of award
785
Arbitrator or Umpire to make affidavit
786
Notice of filing award
787
Time for application for judgment on award
788
Mode of applying for such judgment
789
Code of Civil Procedure and High Court Original Side Rule to apply
Chapter XLII
Rules Under The Arbitration (Protocol And Convention) Act, 1937
(Act No. 6 Of 1937)
790
Title of application etc
791
Mode of application
792
Contents of petition
793
Stay of proceedings under section 3 of the Act
794
Enforcement of foreign award. Documents to be produced with petition
795
Procedure to be followed in case of non-production of documents
796
Code of Civil Procedure and High Court Original Side Rules to apply
Chapter XLIII
Rules Under The Foreign Awards (Recognition And Enforcement) Act, 1961
(Act No. 45 of 1961)
797
Title of application etc
798
Mode of application
799
Contents of petition
800
Stay of proceedings under section 3 of the Act
801
Enforcement of foreign award. Documents to be produced with petition
802
Procedure to be followed in case of non-production of documents with petition
803
Code of Civil Procedure and High Court Original Side Rules to apply
Chapter XLIII-A
Rules Relating To Arbitration And Conciliation Act, 1996
803A
Title of application
803B
Mode of Application
803C
Contents of Petition
803D
Fees of the Arbitrator
803E
Notice of filling application to persons likely to be affected
803F
Processes to be issued on application by Arbitrator or a party
803G
* * * * *
803H
* * * * *
803I
* * * * *
803J
* * * * *
803K
* * * * *
Chapter XLIV
Rules Under The Indian Divorce Act, 1869 (Act No. 4 of 1869)
804
Contents of petition and prayer
805
Marriage certificate to be annexed to petition
806
Verification of petition
807
Co-respondent in husband's petition
808
Intervener in wife's petition
809
Notice to appear and answer
810
Service of petition and notice
811
Answer to the petition
812
Answer to be verified and to be served on parties concerned
813
Suit may be stayed or proceeded with
814
Service of decree nisi for dissolution of marriage
815
Service of decree containing collateral matters
816
Service of decree for judicial separation or restitution of conjugal rights
817
How cause shown after decree nisi
818
Affidiavits in reply and rejoinder
819
Decree absolute when to be made
820
Application for decree absolute how made
821
Decree absolute, appearance not necessary
Alimony, Maintenance And Custody Of Childern
822
Application for alimony, Custody and Maintenance of children, Removal of child outside jurisdiction
823
Provision for wife's costs
Chapter XLV
Rules Under The Trade And Merchandise Marks Act,1958 (Act No. 43 Of 1958)
824
Definitions
825
Title of applications and appeals
826
Mode of application
827
Disposal by Judge in chambers
828
Service on Registrar
829
Record of the case in Appeal
830
Reference under section 107(2)
831
Appeals under section 108(3) and 109(5) of the Act
832
Procedure for withdrawal of application under section 109(7)
833
Notice. How to be given
834
Copy of judgment and order to be sent to the Registrar
835
Code of Civil Procedure and High Court Original Side Rules to apply
Chapter XLVI
Rules Under The Insurance Act,1938 (Act No.4 Of 1938)
836
Applications and appeals
837
Mode of application
838
Disposal of petition
839
Application under section47
840
Costs
841
No payment into Court without leave, where action is pending
842
Notice of payment into Court
843
Procedure regarding disposal of claim
844
Insurer not to be served, unless costs asked against him
Chapter XLVII
Rules Under The Transfer Of Property Act,1882 (Act No. 4 of 1882)
845
Application under section 83 of the Transfer of Property Act
846
Payment into Court of costs and expenses under section 83m of any subsequent section
847
Order for payment of money into Court under section 83
848
Notice under section 83 to be served by the Prothonotary and Senior Master
849
Notice of payment under Order 34 of Code of Civil Procedure to be given by the person making such payment
850
Application by mortgagee
851
Consequence of refusal of tender
852
Interest not to be allowed to the mortgagee in certain circumstances
853
Application for withdrawal of moneys from the Court under section 83 or any subsequent section
854
Certificate of sale and conveyance
855
Enforcement of order under this chapter
856
Rules relating to sales by Commissioner to apply to sales under the Code of Civil Procedure
Chapter XLVIII
Rules Under The Indian Trusts Act, 1882 (Act No.2 Of 1882)
857
Investment of Trust moneys
Chapter XLIX
Rules Under The Powers Of Attorney Act, 1882 (Act No.7 Of 1882)
858
Presentation of petition to the Prothonotary and Senior Master
859
Execution of power of attorney to be verified
860
Receipt to be given on power of attorney being deposited
861
Payment of fees for inspection or certified copies of the instrument so deposited
Chapter L
Rules Relating To Cases Under The Charterd Accountants Act, 1949
(Act No.37 Of 1949)
862
Case under section 21 of the Act to be filed in Prothonotary's Office
863
Appeal or revision application under section 22-A of the Act to be by petition
864
Appeal or revision application to be filed in Prothonotary's Office
865
In a reference under section 21 of the Act, Council to forward papers to the Court
866
Fixing date of hearing and issue of notice
867
Service of notices
868
In appeal or revision application under section 22-A of the Act, Council to forward all papers to this Court on being served with notice
869
Cases to be heard by a Bench of two Judges
870
Copy of final order to be sent to Council
Chapter LI
Review
871
Memorandum of Review
872
Copy of decree or order need not accompany memorandum of review
873
Contents of such memorandum
874
Filing of such memorandum and motion
875
Procedure, when Judge has ceased to be the Judge of that Court or sits at particular Bench
Chapter LII
Appeals
876
Appellate Court
877
Memorandum of Appeal
878
Copy of decree or order need not accompany Memorandum of Appeal
879
Court may dismiss appeal without notice to Respondent
880
Deleted
881
Prothonotary and Senior Master to accept memorandum
882
Endorsement of rejection
883
Application for acceptance of rejected memorandum
884
Deleted
885
Application for leave to appeal as an indigent person
886
Acceptance of petition subject to inquiry in respect of indigent person
887
Appeal to be placed for dismissal on failure to serve notice of appeal
888
Application for notes of evidence
889
Appellant to lodged index of the Appeal paper book
890
Settlement of index
891
Party aggrieved my apply to Judge
892
Contents of appeal paper book where appeal is from a decree
893
Contents of appeal paper book in other cases
894
Number of documents of similar nature
895
Appeal paper book
896
Style and size of appeal paper book when typed or cyclostyled
897
Style and size of appeal paper book when printed
898
English translation
899
Maximum printing charge for twelve copies
900
Charges to be allowed for more then twelve copies
901
Delivery of appeal paper books to respondent on payment of proportionate charges
902
Time for filing appeal paper books
903
Omission to file appeal paper books
904
Interlocutory applications in appeals
905
Application for a Bench when Appellate Court not sitting
906
Rule 153 and 163 applicable to appeals
907
When cross-objections under Order XLI, rule 22 of C.P. Code may be treated as a cross-appeal
908
Time for filing corss-objections under Order XLI, rule 26 of C.P.C.
909
Payment of amount deposited for costs of appeal.
Chapter LIII
Appeals To The Supreme Court
910
Application for certificate for an appeal to the Supreme Court
911
Particulars in petition
912
Addresses of parties
913
Notice to issue
914
Hearing of petition
915
Service of notice and copy of petition of appeal
916
Transmission of original record to the Supreme Court
917
Deposit for transmission of record
918
Failure to deposit amount for transmission of record
919
Translation by whom to be made
920
Practice as to matters concerning appeal paper books and translation of documents
921
Preparation and printing of appeal paper books in Bombay
922
Service on advocate sufficient
923
Applicability of rules to appeals by special leave
Chapter LIII-A
Transfer Of Cases Under Article 139-A Of The Constitution
923-A
Supreme Court to be informed stage of the pending case
923-B
Service of notice on the Respondent
923-C
Transmission of record and proceedings
923-D
Printed copies of paper books to be sent
923-E
Provisions contained in Chapter LIII to apply to applications under this Chapter
923-F
On transmission of printed record, office to give notice to the parties concerned
Chapter LIV
Audit Of Accounts
924
Audit of accounts of Court Receiver, the Offices of Prothonotary and Senior Master, etc.
925
Audits to be half-yearly. Report to Chief Justice 926 In case of different matter to be decided by Chief Justice or Judge appointed by Chief Justice
PART III
Admirality Jurisdiction
Rules For Regulating The Procedure And Practice In Cases Brought Before The High Court Under The Colonial Courts Of Admiralty Act, 1890 (53-54 Victorla Ch.27)
927
Definitions
928
Institution of suits
929
Caveat against arrest of property
930
Caveat against release of arrested property
931
Caveat against payment out of sale proceeds of property
932
Duration of caveat
933
Withdrawal of caveat
934
Application to set aside a caveat
935
Copy of plaint in suit against property to be served, before filing plaint, on party who has entered caveat
936
Party entering caveat to give security on filing of plaint
937
On default, suit may proceed ex-parte
938
Judgment on the claim and enforcement of payment
939
Property may be arrested notwithstanding caveat
940
Remedy where property protected by caveat is arrested without good and sufficient caquse
941
Application to arrest property in a suit in rem
942
Nationality of the ship to bhe stated and notice to be given to Consul in suits for possession, wages or necessaries
943
Warrant with Court's leave though particulars wanting
944
Sheriff to serve process
945
Service of writ or warrant, when dispensed with in suit in rem
946
Service of writ of summons or warrant of arrest in a suit in rem
947
Sheriff may apply for directions
948
Application for sale of arrested property
949
Interveners
950
Judgment for the plaintiff if claim well founded
951
Order for sale of property and determination of priority of claims
952
Property not to be released unless notice is given to the caveator
953
Penalty for delaying release
954
Release of arrested property
955
Instrument of release
956
Release by Sheriff on lodging praecipe with release
957
Sales by order of the Court
958
Procedure by Sheriff on sale of property
959
Appearance before Taxing Master
960
Payment of moneys
961
Payment of money out of Court
962
Security for latent demands
963
Security
964
Motions
965
Fees of officers, Sheriff and Advocates
966
Rules and practice of the O.S. to apply, if not inconsistent with the rules in this part
967
Forms of Admiralty Division may be followed
968
Suppression of rules
PART IV
CRIMINAL JURISDICTION
Constitution Of Court And Sitting
969
Jurisdiction to be exercised by a single Judge
970
Appellate Side to hear applications under E.O.C.J. Cases transferred to be heard on the original side in its Criminal Jurisdiction
971
Sitting of Criminal sessions
972
Clerk of the State to issue summonses and processes
973
Witnesses residing beyond certain limits not to be summoned
974
Service on Consuals and Counsular Officers
975
Attendance of witnesses under recognizances and beyond jurisdiction
976
Mode of recording evidence
977
Classification of habitual criminal by the Presiding Judge. Explanation
978
Action to be taken if the misconduct of the police comes to the notice of the Presiding Judge
Application For Bail
979
Bail application to whom to be made
980
Application for bail of prisoner committed to Sessions
981
Clerk of the State to wirte to Magistrate to produce depositions
982
On public prosecutor consenting order on shorter notice
983
Amount of bail and number of sureties
984
Prisoner may be released on entering recognizances
PART V
Miscellaneous
985
Definitions
986
Rejections of plaint, Memo of appeal, Execution Application for non-removal of office objections
986-A
Appliction for winding up under Companies Act, 1956 in respect of certain areas of THE STATE OF MAHARASHTRA
987
General Clauses Act, 1897, and section 2, Code of Civil Procedure to apply
987-A
Rules relating to Trade and Merchandise Act, 1958 to apply to this petition under the Patent Act, 1970
988
In case not provided for present practice to be followed
989
Forms to be used
990
Short title, date of commencement and applicability
991
repeal
PART V - CHAPTER LV
Rules Relating To Reference And Applications Under Section 130 Of
The Customs Act, 1962 (Act No. 130 of 1962)
992
References to be sent to the Prothonotary and Senior Master
993
Notice of reference to party at whose instance the reference is made
994
Filing statement of case issuing notice and fixing date for the hearing
995
Preparation of Paper Book
996
Failure to file Paper Books
997
Application under section 130 (3)
998
Placing of application before the Court
999
Service of rule nisi
1000
Time for furnishing copies of application
1001
Answer to rule nisi
1002
A copy of the Court's Order and Judgment to be sent to the Appellate Tribunal
1003
Reference and applications to be heard by a bench
PART V - CHAPTER LVI
Rules Relating To References And Applications Under Section 35 Of
The Central Excises And Salt Act, 1944
1004
References to be sent to the Prothonotary and Senior Master
1005
Notice of reference to party at whose instance the reference is made
1006
Filing Statement of case, issuing notice and fixing date for the hearing
1007
Preparation of Paper Book
1008
Failure to file Paper Book
1009
Application under section 35 (3)
1010
Placing of application before the Court
1011
Service of rule nisi
1012
Time for furinishing copies of application
1013
Answer to rule nisi
1014
A copy of the Court's Order and Judgment to be sent to the Appellate Tribunal
1015
References and Applications to be heard by a bench
PART V - CHAPTER LVII
Rules Relating To Reference And Applications Under Section 82 Of
The Gold (Control) Act, 1968 (Act No. 82 of 1968)
1016
References to be sent to the Prothonotary and Senior Master
1017
Notice of reference to Party at whose instance the reference is made
1018
Filing Statement of case, issuing notice and fixing date for the hearing
1019
Preparation of Paper Book
1020
Failure to file Paper Book
1021
Application under section 82(3)
1022
Placing of application before the Court
1023
Service of rule nisi
1024
Time of furnishing copies of application
1025
Answer to rule nisi
1026
A copy of the Court's Order and Judgment to be sent to the Appellate Tribunal
1027
References and applications to be heard by a bench
PART V - CHAPTER LVIII
Rules to regulate proceedings for contempt under Article 215 of the
Constitution Of India and the Contempt Of Courts Act, 1971
1028
Title
1029
Commencement
1030
Definitions
1031
PART I
1032
PART II
1033- 1048
Cognizance And Procedure
1049-1052
Enquiry
1053
PART III
CHAPTER LVIII-A
Norms for Presentation and Conduct of proceedings in person by parties
Norms for Presentation and Conduct of proceedings in person by parties
PART LIX
Rules Relating To Cases Under The Company Secretaries Act, 1980
1054
Case under section 21 of the Act to be filed in Prothonotary's Office
1055
Appeal or Revision Application under section 30 of the Act to be by
