Order XLIX CPC: Chartered High Courts - Rules 1, 2 and 3
Order XLIX of the Code of Civil Procedure, 1908 contains special provisions concerning Chartered High Courts. It deals with service of certain High Court processes, preserves specified pre-existing High Court rules, and identifies CPC rules that do not apply in specified original or appellate jurisdiction.
Rule 1 - Who may serve processes of High Court
Notice to produce documents, summonses to witnesses, and every other judicial process issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to defendants, writs of execution and notices to respondents, may be served by the attorneys in the suits, by persons employed by them, or by such other persons as the High Court, by any rule or order, directs.
Rule 2 - Saving in respect of Chartered High Courts
Nothing in this Schedule shall be deemed to limit or otherwise affect any rules in force at the commencement of the Code for the taking of evidence or the recording of judgments and orders by a Chartered High Court.
Rule 3 - Application of rules
The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction:
- Rule 10 and Rule 11, clauses (b) and (c), of Order VII.
- Rule 3 of Order X.
- Rule 2 of Order XVI.
- Rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 of Order XVIII, so far as they relate to the manner of taking evidence.
- Rules 1 to 8 of Order XX.
- Rule 7 of Order XXXIII, so far as it relates to the making of a memorandum.
In addition, Rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.