Chapter M Chapter M

(1) Every proceeding under section 75 shall be instituted by the presentation of an application to the Court. (2) Every such application shall be verified in the same manner as a pleading in a Civil Court and shall be accompanied by two copies thereof. (3) An application under section 77 shall be presented in Form I shall be duly stamped in accordance with these rules, and shall contain the following particulars: — (i) the name of the Court in which the application is brought; (ii) the full name including the father's name, description including age, occupation and place of residence of the applicant; (iii) the full name including the father's name, description including age, occupation and place of residence of the opposite party so far as they can be ascertained; (iv) where the applicant or the opposite party is a minor or a person of unsound mind a statement to that effect and the full name, age, occupation and address of his or her next friend or guardian; (v) the facts constituting the cause of action and the date when it arose; (vi) the facts showing that the court has jurisdiction; (vii) particulars giving the address within the jurisdiction of the Court at which notice or summons may be served on the applicant; and (viii) the relief which the applicant claims. (4) The Court may summarily reject an application if it is not in accordance with sub-rule (3).

(1) When any application is based upon a document, the document shall be appended to the application. (2) Any other document which any party desires to tender in evidence shall be produced at or before the first hearing. (3) Any document which is not produced at or within the time specified in sub-rule (1) or (2), as the case may be, shall not, without the percussion of the Court, be admissible in evidence on behalf of the party who should have produced it. (4) All such documents shall be accompanied by an accurate list thereof prepared in the manner prescribed in Form 2. (5) Nothing in this rule shall apply to any document which is produced for the purpose of cross-examining a witness or is handed to a witness to refresh his memory.

All applications shall be entered in a Register in Form 3 called the Register of Proceedings. Such entries shall be serially numbered for every calendar year according to the order in which the applications are presented.

In cases not falling under Sub-section (1) of Section 76, a proceedings against any person shall be instituted in the Court within the local limits of whose jurisdiction — (a) the opposite party or each of the opposite parties where there are more than one, at the time of commencement of the proceedings, actually and voluntarily reside, or carries on business, or personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the commencement of the proceedings actually and voluntarily resides, or carries on business, personally works for gain, provided that in such case either the leave of the Court is given, or the opposite parties who do not reside, or carry on business or personally work for gain, as aforesaid, acquiesce in such institution; or (c) the cause of action, wholly or in part, arose.

(1) Where on receiving an application it appears to the Court that it should be presented to another Court, it shall return it to the applicant after endorsing upon it the dates of the presentation and return, the reason for returning it and the name of the Court to which it should be presented. (2) Where it appears to the Court at any stage subsequent to the presentation of an application, that the application should have been presented to another Court in the same Union territory, the first-mentioned Court shall send the application to the Court empowered to deal with it and shall inform the applicant (and the opposite party, if he has received a copy of the application under rule 18), accordingly. (3) The Court to which an application is transferred under sub-rule (2) may continue the proceedings as if the previous proceeding or any part of it had been taken before it, if it is satisfied that the interests of the parties will not thereby be prejudiced.

(1) On receiving an application, the Court shall, ordinarily within three days thereof, cause to be sent to the party from whom the applicant claims relief (hereinafter referred to as the "Opposite party"), a summons in Form 4 or Form 5, as the case may be, to appear and answer the application on a day, not later than fifteen days from the date of issue of such summons: Provided that no such summons shall be issued when the opposite party has appeared at the presentation of the application and admitted the applicant's claim. (2) A copy of the application shall also be sent along with the summons under sub-rule (1).

The Court shall determine at the time of issuing the summons, whether it shall be for the settlement of the issues only and/or for the final disposal of the application, and the summons shall contain a direction accordingly; the Court may also call upon the parties to produce upon that date any evidence which they wish to tender.

(1) The opposite party may, and, if so required by the Court, shall at or before the first hearing or within such time as the Court may permit, present a written statement of his defence along with the documents on which he relies and an accurate list thereof in Form No. 2. (2) Every such written statement shall be verified in the same manner as a pleading in a Civil Court and shall be accompanied by two copies thereof. (3) In every written statement submitted under sub-rule (1) the opposite party shall deal specifically with each obligation of fact alleged by the applicant, of which he admits or does not admit or denies the truth. The written statement must also contain all matters which show that the application is not maintainable and all such grounds of defence as, if not raised, would be likely to take the applicant by surprise or would raise issues of fact not arising out of the application as for instance, fraud, undue influence or coercion, release, payment performance or facts showing illegality of the transaction.

Where at any hearing of the case it appears that the parties are not at issue on any question of law or of fact the Court may at once pronounce its final order.

(1) On the day fixed in the summons for the opposite party to appear and answer, the parties shall be in attendance at the Court in person or by their respective legal practitioners or any other person authorised under section 79 and the application shall then be heard unless the hearing is adjourned by the Court. (2) When neither party appears when the application is called on for hearing, the Court may make an order that the application be dismissed. (3) Where the opposite party appears and the applicant does not appear when the application is called on for hearing the Court shall make an order that the application be dismissed unless the opposite party admits the claim or part thereof in which case the Court shall make an order against the opposite party upon such admission and where part only of the claim has been admitted, it shall dismiss the case so far as it relates to the remainder. (4) Where the applicant appears and the opposite party receiving the summons fails to appear when the application is called on for hearing, the Court may proceed ex-parte. (5) Where the application is wholly or partly dismissed under sub-rule (2) or (3), the applicant may within thirty days of such dismissal apply in Form 6 for an order to set the dismissal aside and the Court shall, if it is satisfied that he was prevented from appearing when the proceeding was called on for hearing due to any sufficient cause make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit and may proceed with the case or appoint a day for proceeding with the same: Provided that no order under this sub-rule shall be made in respect of an application which is dismissed under sub-rule (3) unless notice of the application has been served in Form 7 on the opposite party. (6) In any application in which an ex-parte order has been passed against the opposite party, he may within thirty days from the date of such order apply in Form 6 to the Court which passed the order, to set it aside and if the Court is satisfied that he was prevented from appearing when the proceeding was called on for hearing due to any sufficient cause, it shall after serving notice thereof to the applicant in Form 7 make an order setting aside the order upon such terms as to costs or otherwise as it thinks fit and may proceed with the hearing of the case or appoint a day for proceeding with the same.

(1) At any time after the framing of the issues, the Court may call upon the parties to produce their evidence in support of the issues. (2) The Court may, on the application of either party, issue a summons in Form 8 to any witness directing him to attend or to produce any document. (3) The Court may, before summoning any witness on application under sub-rule (2), require that the Court, be deposited with it.

(1) The Court may, if sufficient cause is shown, at any stage of the application grant time to the parties or to any of them, and may, from time to time adjourn the hearing of the application. (2) In every such adjournment the Court shall fix a day not exceeding fifteen days from the date on which such adjournment is made for the further hearing of the application and may make such order as it thinks fit with respect to the costs occasioned by the adjournment: Provided that when the hearing of the evidence has once begun, the hearing of the application shall, be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded.

The applicant had the right to begin unless the opposite party admits the fact alleged by the applicant and contends that either in point of law or on some additional facts alleged by the opposite party, the applicant is not entitled to the relief which he seeks, in which case the opposite party has the right to begin.

(1) On the day fixed for the hearing of the application or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove. (2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case. (3) The party beginning may then reply generally on the whole case.

The evidence of each witness shall be taken down in writing by the Judge or where there is more than one Judge, by the junior Judge in the language of the Court, not ordinarily in the form of question and answer, but in that of a narrative, and when completed, shall be read over or translated, where necessary, in the presence of such Judge to the witness, and such Judge shall, if necessary, correct the same and sign it.

The Court may at any stage of a proceeding recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit.

The Court may at any stage of a proceeding inspect any property or thing concerning which any question may arise.

The Court, after the application has been heard, shall pronounce its final order in open Court, either at once or on some future day, of which due notice shall be given to the parties.

The final order shall be dated and signed in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added to, save in the case of clerical or arithmetical mistake arising from any accidental slip or omission.

In cases in which issues have been framed, the Court shall state its finding or decision, with the reason therefore, upon each separate issue, unless the finding upon any one or more of the issues is sufficient for the decision of the case.

Where it is proved to the satisfaction of the Court that a case has been adjusted wholly or in part by any lawful agreement or compromise, or where the opposite party satisfies the applicant in respect of the whole or any part of the subject matter of the case, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a final order in accordance therewith so far as it relates to the case.

Save as provided in section 82, the order of a Court shall be final and binding upon the parties.

(1) The costs of and incidental to the application shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purpose aforesaid. The fact that the Court has no jurisdiction to try the case shall be no bar to the exercise of such powers. (2) Where the Court directs that any cost shall not follow the event, the Court shall state its reasons in writing.

(1) A decree in Form 9 shall be prepared in conformity with the order made by the Court; it shall contain the number of the application, the names and descriptions of the parties, and particulars of the claim, and shall specify clearly the relief granted or other determination of the proceeding. (2) The decree shall also state the amount of costs incurred in the proceeding and by whom and in what proportions such costs are to be paid. (3) The Court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or fund to be due from the former to the latter.

(1) Certified copies of the final order, decree or any other order or matter on record shall be furnished to the parties on application to the Court and at their expense. (2) If any party requires copies of any order, decree or any other matter on record made by or furnished to the Court, as the case may be, to be supplied to him within forty-eight hours of the submission of an application therefore to the Court, he shall pay an additional fee of two rupees for each such copy. (3) If any party applies for copies of any order, decree or any other matter on record made by or furnished to the Court, as the case may be, after the expiry of twelve months from the date of such making or furnishing, as the case may be, he shall pay an additional searching fee of two rupees.

(1) Any person in whose favour an order had been passed shall, within one year from the date of the order, apply in Form 10 to the Court which made the order for its execution. (2) On such application being made, the Court shall send the same together with the necessary record to a Civil Court, of competent jurisdiction, for the execution and such Civil Court shall have the same power in executing such order as if it has been passed by it.

The Civil Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution or where that Court fails to execute the same and the circumstances attending such failure.

(1) The fee payable on an application in respect of any matter referred to in section 75 shall be two rupees. (2) Subject to the provisions hereafter mentioned in this rule, the fee payable in respect of any other application except a written statement called for by the Court under these rules shall be fifty paise: Provided that the fee for an application for obtaining a copy or translation of any document or record or statement, order or decree presented to or made before or by the Court, as the case may be, shall be ten paise. (3) The fee for copies of any document on record, or statement or order or decree shall be such as may from time to time be determined by the Government after consultation with the Central Government and the Corporation. (4) The fee for any authorisation for the appearance of any person under section 79 on behalf of any of the parties in a case shall be one rupee. (5) The fee for filing certified copies of any document in a Court shall be fifty paise. (6) All fees referred to in this rule and rule 40 shall be collected by means of court fee stamps used in ordinary Courts and no document which ought to bear stamp under these rules shall be of any validity unless and until it is properly stamped: Provided that where any such document is through mistake or inadvertence, received, filed or used in a Court without being properly stamped, the Court may, if it thinks fit, order that such document be stamped as it may direct and on such document being stamped accordingly the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance. (7) No document requiring a stamp under this rule shall be acted upon in any proceeding in a Court until the stamp has been cancelled.

(1) The cost of service of summons or notices or the expenses of the witnesses in any case or the fee payable in respect of any matter not referred to in the preceding rule shall be such amount as may be specified in each case by the Court, and such amount or any other sum of money payable under these rules shall be paid in such manner and within such time as it may specify therefor. (2) Any amount which is left over after meeting the expenses, if any, for which it was intended, shall be returned by the Court to the party by whom or on whose behalf the amount was originally paid to the Court. (3) The Court shall maintain proper accounts of the amount received and disbursed under sub-rule (1).

The Court may, whenever it thinks fit, receive and register proceedings instituted under the Act and applications made under these rules, by persons who are paupers, and may issue summons or notices on behalf of such persons, without payment or on a part payment of the fees and costs mentioned in rules 43 and 34.