INSTALACIONES ELÉCTRICAS y CORRIENTES DEBILES

121. Matters to be disposed of by the Judge in Chambers. - The

following matters may be disposed of by a Judge in Chambers:- (1) Admission and rejection of plaints.

(2) Applications for the appointment of a guardian-ad-litem of a minor.

(3) Applications for the appointment of a next friend or a new guardian-ad-litem of a minor.

(4) Applications for substituted service of the writ of summons and other process.

(5) Applications to amend the plaint or subsequent proceedings or to strike out any matter therein.

(6) Applications arising from the death, marriage or insolvency of parties to suits, matters or appeals or from the assignment, creation or devolution of any estate or title pendente lite.

(7) Applications relating to the conduct or frame of suits previous to the hearing, unless the suit is on one of the boards for the day.

(8) All proceedings on the returns of writs or notices issued before or after judgment requiring cause to be shown in Chambers.

(9) Applications for leave to sue or defend as an indigent person. (10) Applications for judgment in Summary Suits.

(11) Summary suits in which leave to defend has not been obtained. (12) Applications for discovery and for production and inspection of documents.

(13) Applications for order of reference to arbitration, unless the suit is on one of the boards for the day.

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[(13-a) Applications under Chapter XLI of these Rules, save and except Applications under section 34 of the Arbitration Act, 1940.]

1. These sub-rule was inserted by G.N. No. G/Amend/2419,pub.in M.G.G. Pt. IV-Ka, p. 170-173, dated 27-3-1991.

(14) Applications for attachment of property of an absconding witness.

(15) All applications in execution.

(16) All questions under section 47 of the Code of Civil Procedure. (17) Applications for confirming sales in execution, or under a decree, whether held by the Sheriff or by the Commissioner for Taking Accounts or by the Receiver.

(18) Applications in all matters arising under the Companies Act, the Indian Trusts Act, the Indian Arbitration Act and generally in the matter of any Act, unless otherwise provided in the Act itself or by the rules thereunder or by these rules.

(19) Applications as to guardianship and maintenance of minors and persons of unsound mind.

(20) Inquiries with reference to minors, wards and settlements. (21) Inquiries in lunacy.

(22) Inquiries directed by the Court as to the fitness of persons to act as trustees, receivers and committees of lunatics.

(23) Inquiries as to persons constituting a class. (24) Inquiries as to settlements on a wife.

(25) Applications by receivers, guardians and other relating to the management and disposal of property.

(26) Applications for the taxation and delivery of bills of costs of Attorneys.

(27) Applications for the delivery by an Attorney of deeds, documents and papers.

(28) Applications for the delivery by an advocate on records of deeds, documents and papers.

(29) Applications for discharge from custody.

(30) Applications under rules 73, 75, 94, 101, 107, 110, 114, 118, 143, 161, 162, 187,188, 208, 448, 809, and 859.

Applications under rule 187 or 188 for discharge or change of Advocate in a criminal case under the Companies Act, 1956, or the Banking Regulation Act, 1949, shall be referred to and heard by the Company Judge seized of the criminal case.

(31) Applications for further and better statement of the nature of the claim or defence or future and better particulars under Order VI, rule 5 of the Code of Civil Procedure.

(32) Applications for the examination of witness de-bene-esse under Order XVIII, rule 16 of the Code of Civil Procedure.

(33) Applications under Order XXI, rule 49 of the Code of Civil Procedure.

(34) Applications for the issue of commission to examine witnesses under section 76 and Order XXVI, rules 1 and 4 of the Code of Civil Procedure.

(35) Applications for extension of time under Order XXVII, rule 7 of the Code of Civil Procedure, and generally all applications for further time not otherwise provided for.

(36) Applications for statement of names and addresses of partners under Order XXX, rule 1 and applications under Order XXX, rule 2 of the Code of Civil Procedure.

(37) Applications for production of prisoners and others under the Prisoners Act, 1900

(38) Such other matters as are not expressly required to be disposed of in Court and which the Judge thinks fit to be heard in Chambers and such other applications as are under the rules directed to be made in Chambers.

122. Matter before Judge in Chambers may be referred to Court and vice versa.- The Judge sitting in Court may, in his discretion, at any

time direct any matter to be referred to, or disposed of by, a Judge in sitting in Chambers and a Judge sitting in Chambers may at any time, if he thinks fit, direct any application made to him in Chambers to be made to a Judge sitting in Court or transfer any matter to such Judge at any stage there of.

123. Application to confirm report on a reference made in Chambers- Where a Judge sitting in Chambers has referred a matter to any

one, an application to confirm the report on such reference or for further directions on such report shall be made in Chambers.

124. Chamber Work. - Chamber work will ordinarily and so far as

time allows be disposed of on Mondays.

125. Disposal of chamber work in Testamentory and intestate matters and Commercial Causes. - The Judges appointed to hear

Testamentary and Intestate matters and Commercial Cause shall sit in Chambers on such days as may be necessary to dispose of chamber matters therein.

126. Chamber Summons.- (i) The mode of proceedings in Chambers

on any application when notice is required to be given shall, unless otherwise ordered or provided by the rules of the Court, be by Chamber Summons. Such Summons shall be in Form No. 12 with such variations as the circumstances of the case may require. When affidavits are intended to be used, notice thereof shall be endorsed on the Summons. The Summons shall be prepared by the party desiring to make the application.

(ii) The Chamber Summons together with the affidavit in support and true copies of both, duly certified by the Advocate or the party in person, shall, in

the first instance, be presented at the Office of the Prothonotary and Senior Master for being entered in the register. When so entered, an office stamp denoting the fact of such entry shall be endorsed on the original summons, the affidavit in support and the true copies thereof and when so endorsed, it shall be deemed to be issued by the Court without any separate fiat of the Prothonotary and Senior Master in regard thereto. The original Summons and affidavit in support shall then be kept on the file and the true copy of the summons and the true copy of the affidavit shall be delivered to the party presenting it for being served on the parties to the Summons.

127. Service of Chamber Summons. - Unless otherwise ordered, the

Chamber Summons together with copies of the affidavit in support shall be served on the opposite party eight clear days before the return thereof. A Summons may be made returnable in a shorter time by leave of the Judge, which shall be mentioned in it.

128. Mode of service. - Such Summons, if obtained by an Advocate

on record, may be served by a clerk of such Advocate; otherwise it shall be served through the Sheriff.

129. Time for filing Chamber Summons and affidavits. - The true

copy of the Chamber Summons and the true copy of the affidavit in support thereof which are endorsed under Rule 126 shall be filed not later than the day following the day of the service of the true copy of the Chamber Summons on all the parties. Affidavits in reply shall be filed and copies thereof shall be furnished to the opposite party not later than 4-00p.m. On the forth working days after service of the Chamber Summons. Not more than one affidavit in rejoinder shall be filed without the leave of the Court and such affidavit shall be confined strictly to matters of reply. The affidavit in rejoinder shall be filed and a copy thereof furnished to the opposite party two days before the day named for the hearing. Such affidavit shall be filed and a copy thereof furnished to the opposite party not later than 4-00 p.m. On such date.

130. Vexatious or improper Summons.- If on the hearing of a

Chamber Summons the Judge is of opinion that the issue of such Summons was vexatious or improper, he may make such order as to costs as he thinks

proper, either against the Advocate on record personally who was responsible for the issue of the Summons or otherwise.

131. Delegation of the Chamber Judge’s Powers to the Prothonotary and Senior Master. – The following matter shall be disposed

of by the Prothonotary and Senior Master:- (1) Admission and rejection of plaints.

(2) Applications for the appointment of a guardian-ad-litem of a minor.

(3) Applications for the appointment of a new next friend or a new

guardian-ad- litem of a minor.

(4) Applications for substituted service of the writ of summons and other process.

(5) Applications (formal) to amend the plaint or subsequent proceedings or to strike out any matter therein.

(6) Applications arising from the death, marriage or insolvency of parties to suits, matters or appeals or from the assignment, creation or devolution of any estate or title pendente-lite.

(7) Application relating to the conduct or frame of suits previous to the hearing, unless the suit is on one of the boards for the day.

(8) Applications for leave to sue or defend as an indigent person. (9) Applications for discovery and for productions and inspection of documents.

(10) Application for orders of reference to arbitration unless the suit is on one of the boards for the day.

(11) Application for the taxation and delivery of bills of costs of attorneys.

(12) Applications for the delivery by an Attorney of deeds, documents and papers.

(13) Applications for the delivery by an Advocate on record of deeds, documents and papers.

(14) Application under rule 73 and 75 for fixing the returnable date of the writ of summons.

(15) Application under rule 87 for an order that the suit be not placed on Board for dismissal.

(16) Application under rule 127 for short service of summons returnable before the Prothonotary and Senior Master.

(17) To grant refund of Court Fees when orders are passed under rule 163.

(18) Application under rule176 to enlarge the time to file interrogatories etc.

(19) Applications under rule 185 for payment of expenses to witnesses.

(20) Application under rule 187 OR 188 for discharge or change of advocate, except when such applications are made in criminal case under the companies act, 1956, or the banking regulation act, 1949. in such cases the said applications shall be referred to and heard by the company judge seized of the criminal case.

(21) Assignment of Advocate under rule 215 to assist suitors in matters filed by indigent persons.

(22) Applications under rule 402 for extending time to file affidavit in support of caveat.

(23) Application under rule 448 for an order directing the Sheriff to accept the writ of summons for service.

(24) Application under rule 631 for translation of document.

(25) Applications under rule 809 for fixing the returnable date of the Notice to appear and answer under the Indian Divorce Act, 1869.

(26) Applications under rule 859 for depositing powers of attorney in the registry.

(27) Inquiry under rule 886 as to the claim of the petitioner who applies for leave to appeal as an indigent person.

(28) Application for further and better statement of the nature of the claim or defence or for further and better particulars under Order VI, rule 5 of the Code of Civil Procedure.

(29) Application under Order XI, rule 19 of the Code of Civil Procedure, for the furnishing of verified copies and for the discovery of specific documents.

(30) Application for execution under Order XXI, rule 50 of the Code of Civil Procedure

(31) Uncontested applications for commissions to examine witness under Order, XXVI, rule 1

(32) Application for extension of time under Order XVII, rule 7 of the Code of Civil Procedure and generally all applications for further time not otherwise provided for.

(33) Applications for statement of names and addresses of partners under Order XXX, rule 1 and applications under Order XXX, rule 2 of the Code of Civil Procedure:

Such of these matters or categories of matters as may be delegated by the Prothonotary and Senior Master to the Additional Prothonotary and Senior Master shall be disposed of by the Additional Prothonotary and Senior Master:

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[(34) Suits for directions as to which List of Suits should be transferred after service is effected and consequential orders thereto. ]

1. These item was added by G.N.No. G/Amend/4851,1995 M.G.g. Pt. IV- Ka,p.1122, dated 2-5-1995,w.e.f. 2-5-1995.

Provided that where any matter appears to the Prothonotary and Senior Master or the additional Prothonotary and Senior master proper for

the decision of a Judge, the Prothonotary and Senior Master or the Additional Prothonotary and Senior Master may refer the same to the Judge in Chambers, and the Judge may either dispose of the matter or refer the same back of the Prothonotary and Senior Master or the Additional Prothonotary and Senior Master with such directions as he may thinks fit:

Provided further that the Chief Justice may in any particular case authorize any other officer of the High Court to exercise the powers exercisable by the Prothonotary and Senior Master or the Additional Prothonotary and Senior master under this rule.

132 Registered Clerks of Advocates on written authority permitted to appear in chamber matter before Prothonotary and Senior Master. - Registered clerks of Advocates may, on the written authority of

their employers, appear and act for their employers in any Chamber matter before the Prothonotary and Senior Master, for which such authority is given, but the Prothonotary and Senior Master may require the attendance of the Advocate on record whenever he thinks fit. The Prothonotary and Senior Master shall have power subject to an appeal to the Judge in Chambers, to exclude from the aforesaid privilege any clerk whom he may consider incompetent or to have abused such privilege.

133 Adjournment of matter to Judge. - Any party desiring to have

any question decided b y the Prothonotary and Senior master, whether disputed or not, adjourned to a Judge, may apply to the Prothonotary and Senior Master for such adjournment within four days from the passing of the order complained of. If the application is within time, the Prothonotary and Senior Master shall adjourn the matter and put it on the board of the Judge in Chambers. If the party makes the application after the said period of four days, the Prothonotary and Senior Master may adjourn the matter the the Judge in Chambers if he is satisfied that the party had sufficient cause for not making the application in time.

134. Interlocutory orders passed in Chambers not to be drawn up – Order made in Chamber interlocutory applications shall not be drawn up,

unless the Judge or the Prothonotary and Senior Master Otherwise directs.

135. Drawing up decrees and Orders passed in Chambers. - (1) A

on an interlocutory application, and an order made in Chambers on an interlocutory application which has been directed under the last preceding rule to be drawn up, shall be drawn up by the party initiating the proceeding unless the Judge otherwise directs. Such party shall lodge the draft of the decree or order in the office of the Prothonotary and Senior Master within ten days from the date of the decree or order in the office of the Prothonotary and Senior Master within ten days from the date of the decree or order and shall apply to fix a time to settle the draft. Such party shall forth with forward copies of the draft to all parties who appeared at the hearing of the matter. The office of the Prothonotary and Senior Master shall check the draft and make such alterations in the draft as it may consider necessary and warranted by the directions of the Court. After the draft is checked, the office of the Prothonotary and Senior Master shall fix a date for settling the draft but ordinarily not earlier than four days after the date of the lodging of the draft. A notice shall be put up on the notice board of the Decree Department, intimating to the parties the date fixed for settlement of the draft. No other notice shall be given of the date so fixed, except that when a party has appeared in person, the party lodging the draft shall send notice of the meeting to him. Any party desiring to inspect the draft as checked by the office shall be entitled to do so on making an oral application to the person in charge of the Decree Department. The draft shall be finally settled by the officer attending to Chamber work or by any other officer in the office of the Prothonotary and Senior Master.

(2) If the party whose duty it is to draw up the decree or order does not lodge the draft in the office of the Prothonotary and Senior Master within ten days from the date of the decree or order, it shall be open to any other party to the proceeding to draw up or lodge such decree or order. Then the procedure prescribed in sub rule (1) shall be followed.

(3) In case the party initiating the proceedings is a party in person, the decree or order shall, at his request, be drawn up by the office of the Prothonotary and Senior Master. The office shall given notice of the draft being ready to the party in person and shall put up a notice on the Notice Board of the Decree Department, intimating the date fixed for the settlement of the draft. Any party desiring to inspect the draft shall be entitled to do so on making an oral application to the person in charge of the Decree Department. The draft shall be finally settled by the officer attending to Chamber work or by any other officer in the office of the Prothonotary and Senior Master.

(4) Any party dissatisfied with the draft as settled by the office of the Prothonotary and Senior Master may, within two days from the date of settlement of the draft apply to the Prothonotary and Senior Master to place the matter before the Judge for settlement of the draft. If no such application is made the draft as settled by the Office of the Prothonotary and Senior Master shall be deemed to have been accepted. If such application is made, any variation made by the Judge shall be incorporated in the draft.

(5) Decrees passed in Chambers shall be signed by the Prothonotary and Senior Master or by one of his Assistants and sealed with the seal of the