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Proposed Civil Court Rules.Pdf FORWARD Having come into existence of our own High Court under section 25 of the Bihar Re-organisation Act 2000 the rules as framed by High Court Of Judicature At Patna for Jharkhand High Court and Civil Courts in the state continued to follow by implication of section 29 of the Bihar Re- organisation Act 2000 .The separate Rule for the Jharkhand High Court has already been framed but no separate rule for Civil Courts in the state of Jharkhand could have been framed. Though the existing Civil Court Rules (civil) and (criminal) are very exhaustive, but it was felt as need of the hour that amendment/improvement in aforesaid Rules has become necessary in view of the territorial division, amendment in C.P.C, Cr. P.C, Evidence Act, introduction of several new enactments, and General Letters of Jharkhand High Court etc. Earlier an endeavor was made in this regard. The Then Hon’ble The Acting Chief Justice, M. Y. Eqbal held a meeting with all the Principal District Judges and D J. Rank Officers on 02.07.2006, who actively participated and reiterated for several amendments in the existing Rules. Thereafter, a proposed draft was prepared under the able guidance of Hon’ble Mr. Justice R.R. Prasad, the team effort of Rajeev Kumar Sinha Assistant Registrar (Judicial) in compiling the rules, editing and proof by Chandra Mauleshwar Singh, the then Assistant Registrar is commendable. How ever the rules so framed could not see the light of the day. At the instance of E-committee of Hon’ble the Supreme Court to make the rules more litigant friendly and I.T compatible, a direction was given to the In-charge of the E-committee of the Hon’ble Court of Jharkhand, the then Hon'ble the Acting Chief Justice D. N. Patel to constituted a committee whereafter under the chairmanship of Hon'ble Mr. Justice Vikramaditya Prasad (Retired) was constituted. The 2 committee consisting of Sri Ravi Nath Verma, Director, Judicial Academy Jharkhand, Ranchi, Sri Ambuj Nath, the then Registrar (Administration), Sri Manoranjan Kavi, Coordinator, E-Courts Project, Sri Baxi Ayodhya Prasad, Advocate, Sri Biswajeet Mukherjee, Advocate and two local experts as guests considered the proposed draft earlier prepared under the able guidance of Hon’ble Mr. Justice R.R. Prasad. The committee after several sittings suggested necessary changes considering the amendment in various Acts, and advent of information and communication technology to make the rules simple and I.T. Compatible. The efforts of the members of the committee in suggesting amendments in existing rules are commendable. Last but not the least, the tireless effort of Sri Suraj of High Court of Jharkhand in typing the earlier proposed draft and the effort of Sri Panchanan Singh, Judicial Academy Jharkhand in typing the present amended proposed draft of Civil Court Rules are also appreciated. Justice Vikramaditya Prasad Former Judge, High Court of Jharkhand Chairman, Process Re-engineering Committee 3 CONTENTS Chapters Pages Preliminary 7-9 PART I General Rules regarding Practice and Procedure CHAPTER I Pleadings, Petitions and Affidavits 10-12 CHAPTER II Processes and Process – Servers (I) Process - (A) General 13-14 (B) Method and Proof of Service 14-16 (C) Additional rules relating to the service of notice of Appeal issued by the 16 High Court (D) Summons on persons in Civil and Military employees of Government, etc. 16 (E) Production of Public Documents and Records 16 (II) Process – servers and the Nazarat (A) Process – serving establishment 17-18 (B) Arrangement of Work CHAPTER III Adjournments 19-20 CHAPTER IV Hearing of suits and Examination of Witnesses 21-23 CHAPTER V Judgment and Decree (I) Judgment 23-26 (II) Decree CHAPTER VI Execution of Decrees (I) General 26-27 (II) Attachment 27-28 (III) Sale 28-29 (IV) Arrest, Imprisonment and Release 29 (V) Execution by another Court 29 CHAPTER VII Commission (I) General 30 (II) Commissions for Examination of Witnesses 30 (III) Commissions for Local investigations and to examine Accounts 31-32 CHAPTER VIII Suits by or against Government or public Officers 32 CHAPTER IX Appointment of Receivers 32 CHAPTER X Ex-Parte injunctions 33 CHAPTER XI Appeals 34 CHAPTER XII Rules framed by the High Court for the Guidance of Guardians-ad-litem of minor Defendants and minor Respondents (I) Original Suits 35 4 (II) Appeals 35-36 PART II Special Rules relating to Acts other than the Code of Civil Procedure and the Court – Fees Act CHAPTER I Indian Succession Act, 1925 36 Guardians and Wards Act, 1890 36-38 Rules under CNT Act 38-39 Provincial Small Cause Courts Act, 1887 39 Indian Stamp Act, 1899 40 Indian Registration Act, 1908 40 The Mental Health Act, 1987 40 Indian Companies Act, 1913 40 Provincial Insolvency Act, 1920 40-44 Rules for the disposal of Audit objections and Reports under the Fiduciary 44-48 control of civil courts Rules framed by High Court of Jharkhand under section 21 of Family Courts 49-55 Act Rules under Section 82 of the Arbitration and Conciliation Act 55-59 PART III Records CHAPTER I Classification of Records of Judicial Proceedings 59-61 CHAPTER II The Arrangement, Preparation and Inspection of Records in the Trial Court (I) Arrangement and preservation of record - (A) Division of records into files 61-63 (B) The Title Page 64 (C) The Table of contents 64 (D) The Order – sheet 64 (E) The Record 65 (F) Document 65-66 (II) Inspection of records 66 CHAPTER III Transmission of Records to the District Record – Room 67 CHAPTER IV District Record - Room (I) Record – room arrangement and general duties of the Record – keeper 68 (II) Receipt of Records in the District Record –room 69 (III) Arrangement of Records in the Record – room 69-70 (IV) Custody, removal and transmission of records and of documents contained 70-73 therein (V) Inspection of Records 74 (VI) Destruction of Records 74-75 CHAPTER V Records of the Court of small causes 75-76 CHAPTER V- A Reconstruction of record destroyed during Pendency of Proceeding 76 5 CHAPTER VI Wills (I) Custody and Preservation of Wills 77-78 (II) Inspection of Wills 78-79 PART IV Rules relating to Information, Copies and Copying Department CHAPTER I Information and Copies (I) General 79 (II) Information 79-80 (III) Copies 80-84 CHAPTER II Copying Department and Copyists 84 PART V Fees and costs CHAPTER I Fees and Costs (I) Process Fees 84-86 (II) Reduction and Remission of Court – fees 87 (III) Other Fees 87-91 (IV) Postage 91 (V) Witnesses’ Expenses 91-92 (VI) Expenses of Commission, Order XXVI, Rule 15 93-94 (VII) Fees of Advocates 94-95 CHAPTER II Rules and Instruction relating to Court – fee stamps (I) Use of adhesive and impressed stamps 95-96 (II) Cancellation of Court – fee stamps 96-97 (III) Inspection of records by Registration officers 97 PART VI Rules relating to registers, periodical returns, statements and annual reports CHAPTER I (I) Registers (A) General 98 (B) Primary Registers 98-100 (C) Subsidiary Registers 100 (D) Statistical Registers 100 (II) Periodical Returns and Statements - (A) Forms 100 (B) Classification of cases - (i) Suits and Appeals from Decrees 100-101 (ii) Miscellaneous judicial Cases 101-103 (iii) Miscellaneous Appeals 103 (C) Compilation of Statements and Returns 103-104 (D) Submission of Periodical Returns 104-106 (III) Annual Reports 106-107 6 PART VII Legal Practitioners CHAPTER I The qualification, admission and certificates of Legal Practitioners in Courts subordinate to the High Court General 107 CHAPTER II Rules Regarding Vakalatnamas 107-108 CHAPTER III Miscellaneous 108-110 PART VIII Libraries, Forms and Stationery CHAPTER Libraries, Forms and stationery 110-111 PART IX Miscellaneous Instructions CHAPTER (I) Office 112-113 (II) Correspondence 113-115 (III) Principal District Judges and Subordinate Judicial Officers 115-116 (IV) Construction and Repair of Buildings for Judicial Officers 116 (V) Application for temporary Additions of Staff of Judicial Officers 116 (VI) Leave of Judicial Officers and Extension of Service - 117 (VII) Inspections by Principal District Judges 117-118 PART X Account Rules CHAPTER I (I) General 119-121 (II) Receipt of Money 121-123 (III) Payment of Money 123-127 (IV) Account – keeping and remittance to Treasury 127-129 (V) Deposit and Repayment Registers 129-130 (VI) Control over Subordinate Courts 130-132 (VII) District Monthly Returns 132-135 (VIII) Annual Clearance Register of Deposits 135 (IX) Supplementary Rules as to Receipts under heads (b) to (g) of Rule 532 135-137 (X) Miscellaneous 138 (XI) Savings 138 APPENDICES APPENDIX I : List of Registers to be compared daily by Judge in Charge 139 APPENDIX II : Judge’s Daily Examination of Accounts 139-140 APPENDIX III : List of Returns 140 APPENDIX IV : Service of summons and processes by other means 141 7 CIVIL COURT RULES, 2014 OF THE HIGH COURT OF JHARKHAND PRELIMINARY [Nothing in the Civil Court Rules will interfere with the general powers of supervision of the Principal District Judge over the Courts and officers subordinate to him.] 1. All Courts shall ordinarily sit at 10.30 A.M. and rise at 4.30 P M., standard time. It is expected that the Judges will so arrange the business of their Courts as to supply work for these hours. Note 1.-Between 1st April and 30th June, the exact date being settled in consultation with the Heads of Offices in the station, the Courts may commence their sittings at 7.00 A.M.,: or as soon thereafter as convenient. When this arrangement is in force the Court expect that Judicial Officers will sit for at least five hours each day.
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