The Code of Civil Procedure (Karnataka Amendment) Act, 2023

Short title, commencement and extent.-

1. (1) This Act may be called the Code of Civil Procedure (Karnataka Amendment) Act, 2023.
2. (2) It shall extend to the whole of the State of Karnataka.
3. (3) It shall come into force from such date as the state Government may by notification appoint.

Insertion of new rule 4 in Order XVII C.P.C.- In Order XVII of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) after rule 3, the following shall be inserted, namely:- 4. Priority of disposal of cases involving small farmers and persons belonging to the economically weaker sections.-

1. (1) Where in any suit or other proceeding in any court, a small farmer or a person belonging to the economically weaker sections is involved either as plaintiff or as defendant, such case shall be taken up on priority over other cases listed for the day.
2. (2) The Court shall hear and dispose of such case, as far as possible within six months,-
   • (i) in a case pending on the date of commencement of the Code of Civil Procedure (Karnataka Amendment) Act, 2023 from such date of commencement or the date next fixed for hearing of the case, or;
   • (ii) in a case filed after the commencement of the Code of Civil Procedure (Karnataka Amendment) Act, 2023 from the date fixed in the summons or notice of such suit or proceeding for the appearance of the defendant or respondent. (3)
   • (i) Notwithstanding anything said in clause
   • (i) of sub-rule
3. (2) above a party claiming benefit of this rule, may apply to the Court along with an affidavit in proof of his beneficiary status, for disposal of his case on preference in accordance with the provisions of this rule.
   • (ii) In cases filed after the commencement of this Amendment Act, the beneficiary may apply to the Court, if he is the plaintiff, and if he is a defendant on the date of his first appearance before Court, in response to the summons, in the same manner as in clause
   • (i) above.
   • (iii) Where the beneficiary status of the applicant is disputed the Court shall try the question summarily and dispose of the application as for as possible within fifteen days, on such terms including compensatory costs.
4. (4) In disposing of a case under this rule the Court may, in appropriate circumstances, adopt the procedure set out in the provisions of Order X, Order XII and Order XXXVII of the Code.
5. (5) No adjournment shall be granted in such a case at the instance of the opponent of the beneficiary, except for compelling reasons to be recorded by the Court. Explanation 1: For the purposes of this rule a 'case' includes a suit or other proceeding arising out of such suit pending in the High Court, or other Civil Courts. Explanation 2: 'Small farmer' means a person who on the date of commencement of this Act, holds whether as owner, or mortgagee with possession or partly in one capacity and partly in another not more than such units of land, the annual income from which does not exceed such amount as determined by the State Government and who has no income from any source other than agriculture. Explanation 3: 'Persons belonging to weaker section' means persons whose annual income from all sources does not exceed as specified by the Government from time to time.

Insertion of new section 158 A.-After section 158 of the principal Act, the following shall be inserted, namely:- 158 A. Amendments to the Code of Civil Procedure, 1908 in its application to civil disputes.-(1) The provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) shall, in their application to any suit in respect of a civil dispute stand amended by this Act.

1. (2) The Civil Courts shall follow the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), as amended by this Act, in the trial of a suit.
2. (3) Where any provision of any rule of the jurisdictional High Court or any amendment to the Code of Civil Procedure, 1908 (Central Act 5 of 1908) is in conflict with the provisions of this amended by this Act, the provisions of the Code of Civil Procedure as amended by this Act shall prevail.

Amendment of the First Schedule.-In the First Schedule to the Principal Act,-

1. (i) in the Order V, in rule 1, in sub-rule (1), after the second proviso, the following proviso shall be inserted, namely:- "Provided also that where the defendant fails to file the Written Statement within the said period of thirty days, he shall be allowed to file the Written Statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the Written Statement and the Court shall not allow the Written Statement to be taken on record.";
2. (ii) in Order VI,-

1. (a) after rule 3A, the following rule shall be inserted, namely:- "3AA. Forms of pleading in Civil Courts.-In a civil dispute, where forms of pleadings have been prescribed under the High Court rules or Practice Directions made for the purposes of such civil disputes, pleadings shall be in such forms.";
2. (b) after rule 15 A, the following new rule shall be inserted, namely:- "15A-A. Verification of pleadings in a civil dispute.-(1) Notwithstanding anything contained in rule 15, every pleading in a civil dispute shall be verified by an affidavit in the manner and form prescribed in the Appendix-IA to the Schedule.

1. (2) An affidavit under sub-rule
2. (1) above shall be signed by the party or by one of the parties to the proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the Court to be acquainted with the facts of the case and who is duly authorised by such party or parties.
3. (3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in sub-rule
4. (1) unless the Court orders otherwise.
5. (4) Where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be permitted to rely on such pleading as evidence or any of the matters set out therein.
6. (5) The Court may strike out a pleading which is not verified by a statement of truth, namely, the affidavit set out in the Appendix-IA to the Schedule.";
   • (iii) in Order VII,-
   • (a) in rule 1,-
     • (i) for clause
   • (b) the following shall be substituted, namely:- "(b) The name, description and place of residence of the plaintiff, identity proof, mobile number and email- id;" and
     • (ii) for clause
   • (c) the following shall be substituted, namely:- "(c) The name, description and place of residence of the defendant, so far as they can be ascertained including the mobile number and email-id."
   • (b) after rule 2A, the following rule shall be inserted, namely:- "2-AA. Where interest is sought in the suit.-(1) In money suits, where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out under sub-rules
7. (2) and (3).
8. (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a civil dispute within the meaning of section 34 of the Code of Civil Procedure, 1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under an act, in which case the act is to be specified in the plaint; or on some other basis and shall state the basis of that.
9. (3) Pleadings shall also state,-
   • (a) the rate at which interest is claimed;
   • (b) the date from which it is claimed;
   • (c) the date to which it is calculated;
   • (d) the total amount of interest claimed to the date of calculation; and
   • (e) the daily rate at which interest accrues after that date.";
     • (iv) in Order VIII,-
   • (a) in rule 1, after the second proviso, the following proviso shall be inserted, namely:- "Provided also that where the defendant fails to file the Written Statement within the said period of thirty days, he shall be allowed to file the Written Statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the Written Statement and the Court shall not allow the Written Statement to be taken on record."
   • (b) after rule 3, the following rule shall be inserted, namely:- "3A. Denial by the defendant in civil suits before the Courts.-(1) Denial shall be in the manner provided in sub-rules (2), (3),
10. (4) and
11. (5) of this rule.
12. (2) The defendant in his Written Statement shall state which of the allegations in the particulars of plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to prove, and which allegations he admits.
13. (3) Where the defendant denies an allegation of fact in a plaint, he must State his reasons for doing so and if he intends to put forward a different version of events from that given by the plaintiff, he must state his own version.
14. (4) If the defendant disputes the jurisdiction of the Court he must state the reasons for doing so, and if he is able, give his own statement as to which Court ought to have jurisdiction.
15. (5) If the defendant disputes the plaintiff’s valuation of the suit, he must state his reasons for doing so, and if he is able, give his own statement of the value of the suit.";
    • (c) in rule 5, in sub-rule (1), after the first proviso, the following proviso shall be inserted, namely:- " Provided further that every allegation of fact in the plaint, if not denied in the manner provided under rule 3A of this order, shall be taken to be admitted except as against a person under disability."
    • (d) in rule 10, the following proviso shall be inserted, namely:- " Provided further that no Court shall make an order to extend the time provided under rule 1 of this order for filing of the Written Statement.";
      • (v) Insertion of Order XV-AA.-After Order XV-A, the following order shall be inserted, namely:- "ORDER XV-AA CASE MANAGEMENT HEARING 1. First Case Management Hearing.- The Court shall hold the first Case Management Hearing, not later than four weeks from the date of completion of pleadings in the suit. Pleadings are completed when the defendant files Written Statement and the suit is set for framing of issues. 2. Orders to be passed in a Case Management Hearing.- In a Case Management Hearing, after hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the Court may pass an order-
    • (a) framing the issues between the parties in accordance with Order XIV of the Code of Civil Procedure, 1908 (5 of 1908) after examining pleadings and documents produced before it, and on examination conducted by the Court under rule 2 of Order X, if required parties may be directed to submit draft issues.
    • (b) listing witnesses to be examined by the parties;
    • (c) fixing the date by which affidavit of evidence to be filed by parties;
    • (d) fixing the date on which evidence of the witnesses of the parties to be recorded;
    • (e) fixing the date by which Written arguments are to be filed before the Court by the parties;
    • (f) fixing the date on which oral arguments are to be heard by the Court; and
    • (g) setting time limits for parties and their advocates to address oral arguments. 3. Time limit for the completion of a trial.-In fixing dates or setting time limits for the purposes of rule 2 of this order, the Court shall ensure that the arguments are closed not later than 24 months from the date of the first Case Management Hearing. 4. Recording of oral evidence on a day-to-day basis.-The Court shall, as far as possible, ensure that the recording of evidence shall be carried on, on a day-to-day basis or weekly basis until the cross-examination of all the witnesses is completed. 5. Case Management Hearings during a trial.- The Court may, if necessary, also hold Case Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by the parties to the dates fixed under rule 2 and facilitate speedy disposal of the suit. 6. Powers of the Court in a Case Management Hearing.-
16. (1) In any Case Management Hearing held under this Order, the Court shall have the power to,-
    • (a) prior to the framing of issues, hear and decide any pending application filed by the parties;
    • (b) direct parties to file compilations of documents or pleadings relevant and necessary for framing issues;
    • (c) extend or shorten the time for compliance with any practice, direction, or Court order if it finds sufficient reason to do so;
    • (d) adjourn or bring forward a hearing if it finds sufficient reason to do so;
    • (e) direct a party to attend the Court for the purposes of examination under Rule 2 of Order X;
    • (f) consolidate proceedings;
    • (g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed;
    • (h) direct a separate trial of any issue;
      • (i) decide the order in which issues are to be tried;
    • (j) exclude an issue from consideration;
    • (k) dismiss or give judgment on a claim after a decision on a preliminary issue;
    • (l) direct that evidence be recorded by a Commission where necessary in accordance with Order XXVI;
    • (m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or argumentative material;
    • (n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant, inadmissible or argumentative material;
    • (o) delegate the recording of evidence to such authority appointed by the Court for this purpose;
    • (p) pass any order relating to the monitoring of recording the evidence by a commission or such authority;
    • (q) issue directions or pass any order for the purpose of managing the case and furthering the overriding objective of ensuring the efficient disposal of the suit.
17. (2) When the Court passes an order in exercise of its powers under this order, it may-
    • (a) make it subject to conditions, including a condition to pay a sum of money into Court; and
    • (b) specify the consequence of failure to comply with the order or a condition.
18. (3) While fixing the date for a Case Management Hearing, the Court may direct that the parties also be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement between the parties. 7. Adjournment of Case Management Hearing.-
19. (1) The Court shall not adjourn the Case Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present: Provided that an adjournment of the hearing is sought in

Insertion of new Appendix-IA.- After Appendix-I of the principal Act the following Appendix shall be inserted, namely:-

Power of the State Government to make rules.-

1. (1) The State Government may, by notification, make rules for carrying out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or any of the following matters, namely:-
   • (a) the manner and procedure of mediation under section 89A;
   • (b) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules made by the State Government.
3. (3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or decide that any rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Act to be in addition to any other law.- The provisions of this Act shall be,-

1. (i) in continuation of and not in derogation of any provisions that are applicable to Commercial Courts; and
2. (ii) applicable to all Civil Courts and to all cases which are Civil in nature.

Removal of difficulties.-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order published in the Official Gazette, as the occasion may require do anything not inconsistent with the provisions of this Act which appears to it to be necessary to remove the difficulty: Provided that no order shall be made under this section after expiry of two years from the date of commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall as soon as may be after it is published, be laid before both Houses of the State Legislature and shall, subject to any modification which the State Legislature may make, have effect as if enacted in this Act.