The Bombay High Court Judges' Library


THE BOMBAY HIGH COURT (ORIGINAL SIDE) RULES

[ Updated 01st December 2014
]


Table Of Contents

Chapter No.

Particulars

PART - I
PART - II

Rules Relating To The Jurisdiction Of The High Court On Its Original Side
Chapter-I

Original Jurisdiction
Chapter-II

Vacations And Holidays
Chapter-III

Rules Applicable To All Offices On The Original Side
Chapter-IV

Institution Of The Suit
Chapter-V

Minors And Persons Of Unsound Mind
Chapter-VI

Writ Of Summons
Chapter-VII

Written Statement, Set-Off And Counter-Claim
Chapter-VIII

Third Party Procedure
Chapter-IX

Chamber Work
Chapter-X

Notices Of Motion
Chapter-XI

-Matters Arising Pending Suit


-Discovery And Inspection


-Change And Discharge Of Advocate
Chapter-XII

Affidavits
Chapter-XIII

Suits By Indigent Persons
Chapter-XIV

Summary Suits
Chapter-XV

Commercial Causes
Chapter-XVI

Administration Suits
Chapter-XVII

Originating Summons
Chapter-XVIII

Computation Of Time And Power To Enlarge Or Abridge Time
Chapter-XIX

Search And Certified Copies
Chapter-XX

- Proceedings At The Hearing Of Suits And Upto And Inclusive Of Decrees


- Decrees And Orders Passed In Courts
Chapter-XXI

Arrest And Attachment Before Judgment
Chapter-XXII

Execution Of Decrees And Orders
Chapter-XXIII

Garnishee Proceedings
Chapter-XXIV

Guardians Of Minors And Of Persons Of Unsound Mind
Chapter-XXV

Receipts And Payments By Officers Of The Court
Chapter-XXVI

Testamentary And Intestate Jurisdiction
Chapter-XXVII

Security
Chapter-XXVIII

Office Of The Sheriff Of Bombay
Chapter-XXIX

- Office Of The Commissioner For Taking Accounts


- Sale Of Properties


- Settling Proclamation Of Sale In Execution


- Miscellaneous
Chapter-XXX

Office of the Receiver
Chapter-XXXI

Taxation And Advocate Fee
Chapter-XXXII

Office Of The Chief Translator And Interpreter
Chapter-XXXIII

Rules For The Issue Of Writs Under Article 226 Of Constitution Other Then Habeas Corpus
Chapter-XXXIV

Rules Relating To Reference Under The Land Acquisition Act, 1894 (Act No. I of 1894)
Chapter-XXXV

Rules Relating To Reference And Applications Under Section 256 Of The Income Tax Act, 1961 ( Act No. 43 of 1961)
Chapter-XXXVI

Rules Relating To Reference And Applications Under Section 27 Of The Wealth Tax Act,1957 (Act No 27 of 1957)
Chapter-XXXVII

Rules Relating To Reference And Applications Under Section 64 Of The Estate Duty Act, 1953 (Act No. 34 of 1953)
Chapter-XXXVIII

Rules Relating To Refereces And Applications Under Section 26 Of The Gift-Tax Act,1958 (Act No. 18 of 1958)
Chapter-XXXIX

Rules Relating To References And Application Under Section 61 Of The Bombay Sales Tax Act, 1959 (Act No. 51 of 1959)
Chapter-XL

Rules Under The Banking Regulations Act, 1949 (Act No. 10 of 1949)
Chapter-XLI

Rules Under The Arbitration Act, 1940 (Act No. 10 of 1940)
Chapter-XLII

Rules Under The Arbitration (Protocol And Convention) Act, 1937 (Act No. 6 of 1937)
Chapter-XLIII

Rules Under The Foreign Awards (Recognition And Enforcement) Act, 1961
(Act No. 45 of 1961)
Chapter-XLIII-A

Rules Relating To Arbitration And Conciliation Act, 1996
Chapter-XLIV

Rules Under The Indian Divorce Act,1869 (Act No. 4 of 1869)
Chapter-XLV

Rules Under The Trade And Merchandise Marks Act, 1958 (Act No. 43 of 1958)
Chapter-XLVI

Rules Under The Insurance Act, 1938 (Act No. 4 of 1938)
Chapter-XLVII

Rules Under The Transfer Of Property Act, 1882 (Act No. 4 of 1882)
Chapter-XLVIII

Rules Under The Indian Trusts Act, 1882 (Act No. 2 of 1882)
Chapter-XLIX

Rules Under The Powers Of Attorney Act, 1882 (Act No. 7 of 1882)
Chapter-L

Rules Relating To Cases Under The Charterd Accountants Act, 1949
(Act No. 37 of 1949)
Chapter-LI

Review
Chapter-LII

Appeals
Chapter-LIII

Appeals To The Supreme Court
Chapter-LIII-A

Transfer Of Cases Under Article 139-A Of The Constitution
Chapter-LIV

Audit Of Accounts
Chapter-LV

Rules Relating To Reference And Applications Under Section 130 Of The Customs Act, 1962 (Act No. 130 of 1962)
Chapter-LVI

Rules Relating To References And Applications Under Section 35 Of The Central Excises And Salt Act, 1944
Chapter-LVII

Rules Relating To Reference And Applications Under Section 82 Of The Gold (Control) Act, 1986 (Act No. 82 of 1978)
Chapter-LVIII

Rules To Regulate Proceedings For Contempt Under Article 215 Of The Constitution Of India And The Contempt Of Courts Act, 1971
Chapter-LIX

Rules Relating To Cases Under The Company Secretaries Act, 1980





SHEDULE OF FORMS









PART - I

ADVOCATE AND REGISTERED CLERKS

1

Appearance of Advocates of the other High Courts on the Original Side
2

Definitions
3

Application by Advocate for registration
4

Office to maintain Register
5

Advocate shall not act if not registered
6

Office Address
7

Joint Vakalatnama
8

Registered Clerk
9

Removal of name of Clerk from Register
10

Advocate to keep accounts
11

Obligation to pay money into a "Client Account"
12

What money to be paid into a "Client Account"
13

What moneys to be withdrawn from a "Client Account"
14

Inapplicability of Rules 11, 12 and 13 in certain cases
15

Production of accounts for inspection
16

Right to lien, set-off etc., not affected
17

Appearance in pending cases to be treated as Vakalatnama
18

Rules in addition to the rules framed otherwise
19

Reference to attorney to mean Advocate
20

Certificate as an attorney
21

Dress of Advocates
22

Advocate not to appear and plead for parties on both sides
23

Advocate for the Official Liquidator not to act, appear or plead for any other party in matters arising in widning up of Company
24

Designation of Advocate as Senior Advocate
25

Application of Rules to Advocate, Supreme Court, mutatis mutandis




PART - II

RULES RELATING TO THE JURISDICTION OF THE HIGH COURT ON ITS ORIGINAL SIDE

CHAPTER I - Original Jurisdiction

26

Holding of Court on Original Side
27

Assignment of work to be made  by the Chief Justice
28

Reference to two or more Judges




CHAPTER II

Vacations And Holidays


29

Vacations
30

Holidays
31

Applications in vacation and on holidays
31-A

Matters to be dealt with by a Single Judge during Vacations and Holidays




CHAPTER III

Rules Applicable To All Offices On The Original Side


32

Separate books to be kept for each year
33

Keeping of records
34

Account of Stamps
35

Receipts of documents by Officers
36

No Officer to be receiver or guardian without previous sanction
37

No Officer or Sheriff or Advocate to be surety or bail
38

Consequences of default in payment of fees
39

Late payment when deemed to be made
40

Report of personal fees and honoraria
41

Performance of duties during the temporary absence of the Head of an Office.




CHAPTER IV

Institution Of The Suit

42

Plaint
43

Particulars of claim to be annexed to plaint
44

Plaint to be verified and before whom
45

Plaint to be lodged before presentation
46

Plant to be properly stamped
47

Endorsement on admission
48

Official titile only of Advocate General to appear in suit by or against him Relators
49

Form of appearance Vakalatnama to be filed on behalf of a party
50

Address for service
51

Acceptance of service by Advocate on behalf of client
52

Party re-presented by Advocate not entitled to act or appear in person
53

Parties in person to attend personally or supply address and postage if desiring information regarding his matter by post at the time of presentation.
54

Rules 42 and 44 to apply to all pleadings etc.
55

Petitions to be on oath
56

Forms of appearance or vakalatnama in petitions etc.
57

General List of suits
58

Prospective List of suits
59

Working of Prospective List
60

Transfer of suit to Stayed List"A"
61

Transfer of suit to Stayed List "B"
62

Removal of a suit for trial to High Court from any subordinate Court




CHAPTER V

Minors And Persons Of Unsound Mind

63

Next friend of minor to make affidavit Order of appointment unnecessary
64

Procedure by petition when defendant is a minor
65

Person eligible to be guardian-ad-litem
66

Procedure when plaintiff unable to obtain consent of persons eligible
67

Service of summons on guardian-ad-litem
68

Application of Rules 63 to 67 to persons of unsound mind




CHAPTER VI

Writ Of summons

69

Summons to defendant
70

Name and address of the party or of the Advocate to be stated in every process
71

Summonses, etc., how attested and signed
72

Sealing of summons, rule, decree
73

Returnable date of summons in matrimonial suits and hearing of such suits
74

In suits other then matrimonial and summary suits, writ of summons to specify the time for filing an
appearance or vakalatnama and written statement.
75

(1) Returnable date of summons in suits other then matrimonal and summary suits
(2) Such suits to be placed on Board for directions
76

Mode of service of summons
77

Writ of summons and other process not to be served on Saturdays, Sundays and Holidays.
78

Service at Advocate's Office not to be effected after 5-30 p.m.
79

Undertaking  by Advocate to accept service
80

Only one writ may be served, when Advocate appears for serveral defendants
81

Copy plaint to be furnished to the defendant
82

Power to direct issue of fresh summons
83

Service of notice on Attorney-General or Advocate-General
84

Proof of service of summons
85

When service through Court
86

Substituted service
87

Suits to be placed on Board for dismissal if summons not served within six months




CHAPTER VII

Written Statement, Set-Off And Counter-Claim

88

Time for filing appearance or vakalatnama by the defendant
89

In default of filing appearance or vakalatnama and written-statement, suit may be set down on Board as undefended.
90

Judgment for want of written-statement
91

In default of written statement defendant may appear with the Leave of the Court or the Judge in Chambers
92

Written-statement by plaintiff
93

Set-off by defendant
94

Judge may disallow set-off
95

Counter-claim by defendant
96

Grounds in support of counter-claim to be specifically stated
97

Title of counter-claim
98

Claim against person, not party
99

Appearance by third parties
100

Reply to counter-claim
101

Exclusion of counter-claim
102

Discontinuance of suit
103

Defendant to counter-claim in default
104

Judgment for balance
105

Payment with denial of liability
106

Mode of withdrawing money paid with denial of liability




CHAPTER VIII

Third Party Procedure

107

Third party notice
108

Form and service of notice
109

Effect of service of notice
110

Third party to enter appearance or vakalatnama
111

Consequence of failure to enter appearance or vakalatnama
112

Decree when thrid party makes default in appearance or vakalatnama
113

Third party to file affidavit in reply
114

Appearance or vakalatnama of thrid party.  Directions to be given
115

Defendant to take out Chamber Summons for directions in certain cases
116

Costs
117

Setting aside thrid party proceedings
118

Right of the thrid party and of each successive thrid party to apply for thrid party notice against othe persons
119

Right of defendant to issue thrid party notice against co-defendant
120

Third party proceedings in a counter-claim




CHAPTER IX
 
Chamber Work

121

Matters to be disposed of by the Judge in Chambers
122

Matter before Judge in Chambers may be referred to Court and vice versa
123

Application to confirm report on a reference made in Chambers
124

Chamber-work
125

Disposal of Chamber work in Testamentary and Intestate matters and Commercial causes.
126

Chamber Summons
127

Service of Chamber Summons
128

Mode of Service
129

Time for filing Chamber Summons and affidavits
130

Vexatious or improper summons
131

Delegation of the Chamber Judge's powers to the Prothonotary and Senior Master and Additional Prothonotary and Senior Master
132

Registered Clerks of Advocates on written authority permitted to appear in Chamber matter before Prothonotary and Senior Master
133

Adjournment of matter to Judge
134

Interlocutory orders passed in Chambers not to be drawn up
135

Drawing up decrees and orders passed in chambers
136

Drawing up decrees or order in urgent cases
137

Error in decrees and orders
138

Issuing and filing of minutes of decrees or order
139

Arrangement of record of Chamber Summons after disposal




CHAPTER X

Notices Of Motion

140

Notices of Motion to be made returnable on Fridays
141

Short service of Notice of Motion
142

Notice of Motion
143

Service of Notice of Motion
144

Time for filing Notice of Motion and Affidavits
145

What affidavits can be used at the bearing
146

Notice for production of record
147

Application for interim relief
148

Undertaking to pay damages to be given by party applying for interim reliefs
149

Arrangement of record of Notice of Motion after disposal




CHAPTER XI

Matters Arising Pending Suit

150

Exparte application for formal amendment of pleadings and other documents
151

Amendment how to be made
152

Attestation of amendment
153

Postponement of suits by Prothonotary and Senior Master
154

Postponement of petitions etc. by Prothonotary and Senior Master
155

Postponement in peremptorily adjourned suits
156

Application affecting the daily board of a Judge to be made to that Judge
157

Directions to be given
158

No affidavit to be made
159

Duty to make all interlocutory applications when suit on board for directions
160

subsequent application
161

Further written statement by leave may be filed
162

Plaintiff's confession of such defence and procedure thereon
163

Prothonotary and Senior Master may draw up Order for dismissal or withdrawal of suit



Discovery And Inspection

164

Agent may make affidavit of documents when a party is not residing in Greater Bombay
165

Procedure where the affidavit is required to be made by absent party personally
166

Copies of photographs, if relied on, to be furnished to the other side on payment of charges
167

Notice of application for interrogatories
168

Service of the order for discovery
169

Service on Advocate of order for interrogatories or discovery or inspection
170

Liability of the Advocate to pay costs for neglect
171

Discovery against Sheriff
172

Effect of non-disclosure of documents
173

Removal of suits and matters from the list of references to the Commissioner and placing them on board for directions
174

Application for examination of witness under Order 18, Rule 16 or Section 76 or Order 26, Rules 1 and 4 of the Code of Civil Procedure
175

Examination of witness under Order 18, Rule 16 or Order 26, Rule 1 of the Code of Civil Procedure
176

Procedure when evidence is to be taken on interrogatories
177

Preparation etc. of Commission
178

Deposit of fees of the Commissioner
179

Procedure in examination of witness
180

Deposition of witness to be read over to and signed by him
181

Order necessary for summons to witness outside local limits
182

(a) Order necessary for production of public documents


(b) Substitution of Letter of Request for witness summons
183

Payment of expenses and allowances of witness
184

When witness disentitled to payment of expenses and allowances
185

Enforcement of payment of expenses and allowances
186

Duration of Advocate's retainer




Change And Discharge Of Advocate

187

Client's application for discharge or change of his Advocate
188

Advocate's application for his discharge
189

Responsibility of Advocate for payment of fees
189A

* * * * *




CHAPTER XII

Affidavits

190

Evidence on petition, notice of motion or Chamber Summons
191

Title of affidavits
192

Form of affidavit
193

Affidavit to be in the first person
194

Description and abode of deponent to be stated
195

Affidavit by two or more deponents
196

Before whom affidavits to be sworn
197

Officers appointed to administer oaths
198

Every exhibit to be dated and initialled
199

Place of administering oath to be stated when oath administered outside Court House
200

Affidavit not to be filed unless properly endorsed
201

Affidavit to be filed before use in Court or Chambers
202

Special time for filing affidavits
203

Alteration in affidavits
204

Use of defective affidavits
205

Affidavit by blind person
206

Scandalous matters
207

Procedure when affidavit is to be sworn outside Court House
208

Procedure when affidavit is to be sworn outside India
209

Affidavit to include plaint etc.




CHAPTER XIII

Suits By Indigent Persons

210

Definition of the word "indigent"
211

Defendant may be allowed to defend as an indigent person
212

Application by an indigent person for leave to be by petition
213

Notice for investigation
214

Suit in ordinary form may be continued as by an indigent person
215

Advocate may be appointed for indigent person
216

Duty of Advocate in suits or matters by indigent persons
217

No fees to be taken from indigent person
218

No compromise without leave of Court
219

Direction for payment of court-fees in every decree or order
220

Memo of fees to Government Advocate




CHAPTER XIV

Summary Suits

221

Summons for judgment
222

Judgment for part of claim
223

Where one defendant has good defence but another has not
224

Default in completing security or carrying out directions
225

Setting down of summary suits for hearing
226

Defendant's default in filing appearance or Vakalatnama
227

When no decree applied for within six months



CHAPTER XV

Commercial Causes

228

What are Commercial Causes ?
229

Lodging of plaints
230

Transfer to List of Commercial Causes
231

Transfer of Summary Suits to Commercial List
232

List of Commercial Causes
233

Interlocutory orders with a view to have speedy determination of the suit
234

Rules 158 and 159 to apply to Suits to be transferred to Commercial List
235

Rules 90 and 160 to apply to suit transferred to Commercial List
236

Decision on Judge may by consent  be final



CHAPTER XVI

Administration Suits

237

Chamber Summons to classify interest of parties and to nominate advocates.



CHAPTER XVII

Originating Summons

238

Who may apply for the issue of Originating Summons and in respect of what matters
239

Order for administration of estate or of the trust
240

Persons to be served with the summons
241

Vendor or purchaser may apply for the issue of Originating Summons
242

Persons to be served with such summons
243

Mortgagee or Mortgagor may apply for issue of Originating Summons
244

A partner may apply for issue of Originating Summons
245

Persons interested under deed, etc. may apply for issue of Originating Summons
246

Court not bound to determine question of construction
247

Upon what person Originating Summons under rules 243 and 245 to be served
248

Service on other persons by direction
249

Plaint to be filed
250

Plaint to be numbered with letters O.S.
251

Service of Originating Summons
252

Returnable date of Originating Summons
253

No obligation to file written statement or affidavit in reply
254

When Originating Summons may be supported by evidence
255

What may be done on hearing Originating Summons
256

When costs of Originating Summons may be allowed as in a defended suit
257

When costs of Ordinary suit may be allowed as in an Originating Summons
258

Order made on Originating Summons to be drawn up as decree of Court
259

Directions as to carriage or execution of decree
260

Subsequent summons about same estate
261

Order II, Rule 2 of the Code of Civil Procedure not to apply to plaints filed in support of Originating Summons



CHAPTER XVIII

Computation Of Time And Power To Enlarge Or Abridge Tme

262

Computation of time
263

"Month" means calendar month
264

The time for giving security for costs when not to be reckoned
265

Power of Court or Judge to enlarge or abridge time
266

Enlargement of time by consent




CHAPTER XIX

Search And Certified Copies

267

Search and certified copies of documents to a party to suit or matter
268

Search and certified copies of documents to a person not a party to suit or matter
269

Deposit for certified copies
270

Charges for certified copies
271

Application to state whether copy is required for private use or otherwise
272

Application for copies liable to stamp-duty
272A

Private copies may be certified as true copies
273

The above rules to apply to certain other offices




CHAPTER XX

Proceedings at The Hearing Of Suits And Upto And Inclusive Of Decrees

274

Evidence, how taken
275

Endorsement under Order XIII, Rule 4 of the Code of Civil Procedure
276

Extracts from or entries in document admitted in evidence to be initialled and marked
277

Translation of entry to be marked instead of a copy thereof
278

Proceedings in another suit how put in as evidence
279

Exemption to Muslims from appearance on certain days
280

Exhibits to be officially translated
281

Personal liability of Advocatge on record to pay costs
282

Order for Postponement
283

Return of Plaint
284

No decree unless suit on board
285

Payment of costs to be condition precedent in the order for withdrawal of suit with liberty to file fresh suit.
286

Dismissal of suit on application of plaintiff, to be a bar to fresh suit
287

Dismissal under Order XXV, Rule 2, Civil Procedure Code to be a bar to fresh suit
288

Disposal of suit without report to be notified to Commissioner
289

Decree for maintenance
290

When Judge may order application for administration, etc. to stand-over
291

Costs of inquiry as regards right to legacy etc.
292

Distribution not to be delayed by difficulties as to some shares
293

Sale and sub-division of securities implied in order for payment out of fund
294

Post or ante-dating of decrees
295

Liberty to apply implied in decree or order that is not final
296

Judgment, how passed
297

Issuing and filing of minutes of decrees or orders passed in Court
298

Contents of decree



DECREES AND ORDERS PASSED IN COURT

299

Interlocutory orders passed in Court not to be drawn up
300

Drawing up decrees and orders passed in Court
301

Drawing up decrees in urgent cases
302

Prothonotary and Senior Master may proceed ex-parte
303

Draft decree or order may be submitted to Judge
304

Errors, how rectified after decree or order is sealed
305

Applications for return of exhibits must be made within ten days
306

Return of exhibits




CHAPTER XXI

  Arrest And Attachment Before Judgment

307

Arrest and attachment before judgment
308

Conditional attachment, duration of
309

Rules 332 and 333 to apply
310

Procedure on the surety rendering the principal or principal surrendering himself
311

When principal may be rendered
312

Stay of proceedings





CHAPTER XXII

  Execution Of Decrees And Orders

313

Form of application for execution
314

Certified copy of decree or order or Minutes to accompany application for execution Judge may allow execution before sealing of decree or order
315

Application for execution to be made to Prothonotary and Senior Master
316

Notice under Order XXI, Rule 22 of the Code of Civil Procedure
317

Returnable date of Notices
318

Prothonotary and Senior Master not to issue execution simultaneously against person and property
319

Application for transmission of decree or order for execution
320

Transmission of decree or order when provisions of order 21, Rule 22 apply
321

Certificate of non-satisfaction when provisions of Order 21, Rule 22 apply
322

Stay of execution on transmission
323

Transmission of decree to two or more districts simultaneously
324

Procedure when insufficient amount realised in first district
325

Procedure when insufficient amount realised in second or succeeding districts
326

Procedure when sufficient amount realised in execution
327

Return of decree or order if provisions of Order 21, Rule 22 or Order 21, Rule 6 are not complied with
328

Return of decree or order for non-prosecution
329

Non-prosecution of application for execution
330

Reference to Judge on refusal by Prothonotary and Senior Master
331

Application for receiver in execution of decree or order
332

Costs of execution to be specified on warrant of arrest
333

Costs of execution to be specified on warrant of attachment
334

When fresh application necessary
335

Payment into Court when to be made
336

Payment out of Court to be notified
337

Procedure on realization by Sheriff
338

Notice to all persons claiming to share to attend Judge in Chambers
339

Procedure on such notice
340

On realisation of monthly pay frequent certificates not to issue
341

Procedure when judgment-creditor neglect to apply for certificate
342

When such judgment-creditor alone entitled to payment
343

Acts under Order XXI, Rules 34(5) and 80 of the Code of Civil Procedurfe to be done by the Prothonotary and Senior Master
344

Procedure in case of doubt or difficulty




CHAPTER XXIII

  Garnishee Notice

345

Garnishee Notice
346

Procedure when garnishee does not pay into Court or fails to appear
347

Procedure when garnishee disputes his liability
348

If notice is dismissed, attachment to standraised
349

Claim of third person
350

Order to be made on hearing thrid person
351

Order against garnishee to be executable as a decree in favour of decree holder
352

Discharge of garnishee
353

Garnishee proceedings against a firm
354

Costs to be in the discretion of the Judge



CHAPTER XXIV

  Guardians Of Minors And Persons Of Unsound Mind

355
(a)
Application by foreigner for appointment as guardian of person or property of minor

(b)
Endorsement of copies of orders to the Government of India.
356

Commissioner to be informed of the appointment of a guardian of minor's property, etc.
357

Instructions to guardians
358

Deposit of minor's moneys
359

Investment of minor's money
360

Certain rules to apply to guardians of minors
361

Commissioner's Certificate to be obtained before depositing unascertained sum with Accounts Officer
362

Ascertained amount to be deposited and Accounts Officer's receipt to be produced before Commissioner
363

Bond by guardian of property of minor
364

Rules in this Chapter to apply to persons of unsound mind



CHAPTER XXV

  Receipts And Payments By Officers Of The Court

365

Time for making cash deposits in Court
366

Applications for withdrawal of securities or money lying with High Court Officers
367

Application for issue of Certificate
367A

Withdrawal of the amount by minors permanently residing outside Bombay on attaining majority and in certain other cases
368

Written authority of client requisite for payment to advocate on record




CHAPTER XXVI

  Testamentary And Intestate Jurisdiction

369

Definitions
370

Non-contentious matters
371

Power of the Prothonotary and Senior Master
372

Application through Advocate or in person
373

Application by parties in person Personal attendance
374

Application for probate
375

Application for Letters of Administration where the deceased has left a will
376

Application for letters of Administration where the deceased died intestate
377

Application for Succession Certificate
378

Name, etc., of Petitioner and caveator in petition and caveat
379

Verification of petition
380

Payment of Court-fees
381

Certificate of Prothonotary and Senior Master for Court-fee paid in advance
382

Delay in application
383

Interlineations, alterations, etc., in the Will should be sworn to by the attesting witness
384

In absence of attesting witness, other evidence to be produced
385

Production of deed, paper, etc., referred to in will
386

Unsigned or unattested Will
387

Attempted cancellation to be accounted for
388

Application for probate of nun-cupative or privileged Will
389

Disclosure of all persons having prior right to the grant
390

Administration to a creditor
391

Marking Will
392

Proof of identity
393

Renuncitation of probate or letters of administration
394

Application by constituted attorney
395

Proof of execution of power of attorney
396

Notice of application to whom to be given
397

Notice to next-of-kin
398

Issue and return of processes
399

Service of citations
400

Service by advertisement
401

Caveat
402

Affidavit in support of caveat
403

Procedure on affidavit in support of caveat being filed
404

Chamber summons for directions
405

Notice to prove Will in solemn form
406

Affidavit opposing grant of succession certificate
407

Procedure when two or more petitions for succession certificate are filed
408

Provisions regarding indigent person to apply
409

Search of proceedings
410

Ceertified copies
411

Production of pepers in High Court
412

Production of papers in other Court
413

Grant limited to State of Maharashtra
414

Grants throughout India
415

Amendment of grant to extend to India
416

Application for extension of Succession Certificate
417

Limited Letters of Administration
418

Limited grant not to be issued to person entitled to general grant
419

Blind or illiterate testator
420

Administration Bond in the case of Letters of Administration
421

Administration Bond in the case of Succession Certificate
422

Surety to be justified in certain cases
423

Companies as sureties
424

Attestation of Bond
425

Application under section 10 of the Administrators-General Act, 1963
426

Probates etc., to be drawn up by the office
427

Schedules of property etc., to be annexed to grant
428

Grant under section 254 of the Indian Succession Act
429

Prothonotary may refer a matter to the Judge
430

Registers of grants
431

Certificate under section 274(1)(a) of the Indian Succession Act
432

Bills of costs in suits
433

Notice by executor or administrator to creditors under section 360 and 367 of the Indian Succession Act
434

Notice to be given to parties of the filing of the account
435

Disposal of petitions for non-prosecution
436

Practice




CHAPTER XXVII

  Security

437

Security to be furnished to Prothonotary and Senior Master
438

Notice to be given to the opposite party
439

Particular of security to be furnished
440

Immovable property offered as security
441

Surety or sureties as security
442

Companies or Corporations as sureties
443

Assignment of Bond
444

Rules in this chapter relating to Prothonotary to apply to other officers




CHAPTER XXVIII

  Office Of The Sheriff Of Bombay

445

Sheriff to serve and execute process
446

Special bailiff to execute process within limits
447

Special bailiff to execute process beyond limits
448

Time within which writ of summons to be lodged for service
449

Date of lodging process to be noted on the process
450

Service of certain notices
451

Sheriff to execute all warrants
452

Warrant for arrest of an insolvent
453

Battaki when beaten
454

Writ of summons and other process not to be served on Saturday, Sunday and holidays
455

Service at Advocate's Office not to be effected after 5.30 p.m.
456

Service on Advocates
457

Service by parties in person
458

Translation of process to be served on person not knowing English
459

Service of summons or process received from the Registrar, High Court, Appellate Side
460

On receipt of precept warrant of Attachment to issue
461

Deposit of subsistence allowance with Warrant of Arrest
462

Judgment-creditor to make a deposit with the Sheriff for incidental expenses of maintenance of attached property
463

Sheriff to insure attached property if necessary
464

Release of person arrested or poperty attached before judgment
465

Judgment-debtor to be released on the written request of the judgment-creditor
466

Attachment to be withdrawn on the written request of the judgment-creditor
467

Levy of sums mentioned in warrant of arrest or attachment
468

Release of judgment-debtor and withdrawal of attachment on receipt or realisation of moneys mentioned in the warrant
469

Proeuction before Judge of persons arrested, order of committal, warrant of committal
470

Production of persons arrested after 8.00 p.m.
470

Superintendent of jail to keep in custody person arrested or committed
472

Production before Judge, under fresh warrant, of person already in custody
473

Application for production of person in custody
474

Liability for Sheriff's poundage
475

Advocate to file in Sheriff's Office copy of Order releasing judgment-debtor or raising attachment
476

Satisfaction not to be entered without Sheriff's certificate
477

Payment of money realised under warrant of arrest
Sheriff to certify receipt of money in other cases
Sheriff to levy the costs of Prothonotary's Order
478

Sheriff to sell property of judgment-debtor and to credit sale proceeds to Government, if unclaimed for one year
479

Proclamation of sale in case of movable property
480

Proclamation of sale in case of immovable property
481

Sale of movable property subject to certain conditions
482

Sale of immovable property subject to certain conditions
483

Rules relating to arrest and attachment after judgment to apply to arrest and attachment before judgment
484

Sheriff may give authority to Deputy Sheriff
485

Sheriff to include Deputy Shefiff, etc.
486

Performance of Deputy Sheriff's duties during his absence




CHAPTER XXIX

  Office Of The Commissioner For Taking Accounts


487

Copy of decree or order to be filed
488

Party filing copy of decree or order to apply for issue of notice
489

Service of notice etc., on party concerned
490

Length of service
491

Manner of proceeding with the matter
492

Directions for filing statements of account, objections and surcharges
493

Procedure in default of filing statement of account
494

Just allowance to be made
495

Commissioner may remove matter from the file on default of appearance
496

Commissioner may proceed ex-parte
497

Commissioner may award costs of adjournment or costs on removal of matter
498

When reference or matter not prosecuted, Commissioner may remove same from file
499

Reference or matter not to be restored without order
500

Procedure on refusal or neglect of a party to do some act required to be done
501

Commissioner may obtain process for attendance or for production of documents
502

Unofficial translation of exhibit may be furnished to Commissioner
503

Registered clerks of Advocates on written authority may be permitted to appear before Commissioner
504

Appearance on a claim made against the estate of a deceased person
505

Commissioner may make interim report
506

Commissioner to report if unable to make final report in time
507

Report of Commissioner binding on parties unless discharged or varied
508

Execeptions to Commissioner's Report and their hearing
509

Setting down of suit for hearing on exceptions to Commissioner's report
510

Confirmation of commissioner's Report, when exceptions not filed
511

Procedure when no application made for confirmation
512

Procedure when Receiver fails to file account. etc.
513

Upon account being filed notice to proceed, etc. to issue
514

Commissioner's certificate to be binding on parties unless discharged or varied
515

Party dissatisfied with certificate to apply by chamber summons




 
Sale Of Properties

516

Copy of decree or order for sale to be filed
517

Sales to be conducted by the Commissioner
518

Sale to be to the highest bidder offering a sufficient sum
519

Carriage of proceedings
520

Documents of title to be left with the Commissioner, and to be subject to his directions
521

Conditions of sale
522

Proclamation, notification, conditions of sale and bastract of title by whom to be prepared
523

Settlement of proclamation, notification, etc.
524

Copies of prolcamation, notification, etc., to be filed
525

Notification of the sale
526

Prolcamation of sale and mode of notifying sale
527

Reserve Bid
528

Valuation by approved valuer
529

Reserved bid not to be divulged
530

Copy of proclamation, notification and conditions of sale with translation to be posted up
531

When conditions of sale to be published and hand-bills distributed
532

Postponement of sale
533

Notice of postponement of sale to be given in newspapers
534

When sale postponed, a new day to be fixed
535

Advocfate of party having carriage of proceedings to be present at the sale
536

Proclamation, notification and conditions of sale to be read out before sale
537

Bids to be entered in the Commissioner's note-book
538

Postponement of sale for want of sufficient bid
539

When property sold, form of entry to be made in the Commissioner's note-book
540

Result of sale to be entered in bidding paper
541

Agent of purchaser to sign bidding paper as such
542

Proceedings on a re-sale
543

Leaqve to bid and to set-off
544

Leave to mortgagee to bid and set-off
545

Application of incumbrancer to be made a party to the suit or to join in the sale
546

Sale of movable property
547

Sale of immovable property
548

Application to compel delivery of abstract
549

Questions arising out of objections or requisitions
550

Determination of the question whether a good title has been made out
551

Costs of inquiry
552

Application by purchaser for leave to pay purchase-money into Court
553

Application by any other party against defaulting purchaser
554

Direction for investment of purchase-money
555

Investment of purchase-money
556

Purchaser when deemed to have accepted the title
557

Purchase-money not to be paid out without an Order
558

If sale set aside, purchaser entitled to receive back his deposit, purchase-money and amount of stamp-duty with costs
559

Bidding not to be re-opened
560

Result of sale to be certified
561

Sale to be confirmed by the Court
562

Certificate of Commissioner and of Prothonotary and Senior Master to be produced for confirmation of sale
563

Possession of immovable property
564

Possession of movable property Transfer of securities and shares
565

Conveyance
566

Purchaser to prepare conveyance
567

Failure to return draft conveyance
568

Conveyance to be settled by the Commissioner
569

Certificate of approval
570

Certificate of approval
571

Substitution of name
572

Substitution of names not allowed after execution of conveyance
573

When additional price and additional stamp-duty to be paid into Court
574

One application may be made for the substitution of names and confirmation of sale
575

Extra costs of obtaining substitution of names
576

Mortgagee to include sharer in property which is subject matter of partition suit, administration suit and partnership suit
577

Sale by private contract



  Settling Proclamation Of Sale In Execution

578

Copy of warrant of sale of property attached in execution to be lodged in Commissioner's Office
579

Commissioner may summon judgment-debtor to attend and produce title-deeds of his property
580

Inquiry before Commissioner as to matters specified in Order XXI, rule 66, C.P.Code
581

Notice to all persons to lodge claims against attached property
582

Time to be fixed for investment of claims
583

Inquiry into claims
584

On completion of inquiry, a list of claims to be drawn up
585
Proclamation of sale



Miscellaneous

586

Appeal from decision of Commissioner
587

Rules to apply to Special Commissioner
588

Commissioner to include Assistant Commissioner, etc.




CHAPTER XXX

  Office Of The Receiver

589

Application for appointment of Receiver
590

Security to be given by a Receiver other then the Court Receiver
591

Fees of Receiver
592

Court Receiver to charge office expenses to estated
593

Investment of moneys by the Court Receiver
594
(a)
Period for filing Receiver's account with the Commissioner

(b)
Period for filing the Court Receiver's account with the Commissioner
595

Form of Receiver's account
596

Certified copy of the minutes of the decree or order to be served on the Receiver
597

Provisions for payment of Receiver's costs, etc.
598

Rules in this chapter to apply to interim receiver and administrator pendente lite
599

Sales by Court Receiver




CHAPTER XXXI

  Taxation And Advocate's Fee


600

Definitions
601

Time for lodging Bill of costs by attorneys
602

Enlargement of time
603

Fixed costs in pending cases
604

Earlier rules to apply in certain cases
605

Duty of the attorney to return the papers on discharge
606

Computation of Advocate's fee
607

Charges for interpretation and administration of oath
608

Travelling allowance of a public servant
609

Court's power to fix costs where no provision is made
610

Rounding off




CHAPTER XXXII

  Office Of The Chief Translator And Interpreter


611

Translator's Office to be in two parts and to be supervised by Prothonotary and Senior Master and Registrar
612

oath or affirmation to Translator and Interpreter
613

Registers of work
614

Return of work
615

Unofficial translation or interpretation prohibited
616

Interpretation of documents to blind persons
617

Interpretation of documents to deaf and dumb persons
618

Interpretation out of office hours
619

Rule 618 to apply to Special Interpreters
620

When documents should be sent for translation
621

Deposit to cover fees
622

Procedure when reader's assistance is required
623

Translation from dictation of reader when inadmissible in evidence
624

If transcript is incorrect costs of fresh translation
625

Inspection of documents lodged in Chief Translator's Office
626

Translation of document in possession of the other side
627

Copy of translation to be furnished to the other side
628

Intimation of change of Advocate to be given to the office
629

Special Translators and Interpreters
630

Translations when admissible
631

Translation may be ordered by Court
632

Sanction for immediate Translation
633

Translator's office to translate documents put in subject to translation
634

Translation of documents not relating to High Court matters
635

Interpretation of documents not relating to High Court matters




CHAPTER XXXIII

  Rules For The Issue Of Writs Under Article 226 Of The Constitution Other Than Habeas Corpus


636

Application for writ, etc., under Article 226 of the Constitution
637

Rule Nisi
638

Deleted
639

Interim order
640

Service of copy of petition and documents on respondent when interim orders prayed for
641

Service of rule nisi
642

Answer to the petition
643

Service of rule on other parties
644

The Court may allow outsider to appear in certain cases
645

No further affidavits allowed
646

Adjournment for examination of witnesses
647

Execution of orders
648

Costs of appeals may be quantified
648A

A provision of Rules 986 and 133 to apply to application under this Chapter




CHAPTER XXXIV

  Rules Relating To References Under The Land Acquisition Act, 1894
(Act No. I Of 1894)


649

Register of Land Acquisition References
650

Collector to furnish postal addresses of parties
651

Collector to file notices etc.
652

Prothonotary to issue notices
653

Notices to be sent by registered post
654

Returnable date of notice under sections 18 and 30
655

Application for order under section 32 of the Land Acquisition Act



CHAPTER XXXV
  Rules Relating To References And Applications Under Section 256 Of The Income Tax Act, 1961 (Act No. 43 Of 1961)

656

References to be sent to the Prothonotary and Senior Master
657

Notice of reference to party at whose instance reference is made
658

Filing statement of case, issuing notice and fixing date for the hearing
659

Preparation of Paper Book
660

Faliure to file Paper Books
661

Application under sub-section (2) of section 256
662

Placing of application before the Court
663

Service of Rule Nisi
664

Time for furnishing copies of application
665

Answer to rule nisi
666

A copy of the Court's order and judgment to be sent to the Appellate Tribuanal
667

References and applications to be heard by a Bench
668

References and applications pursuant to Act XXX of 1947
669

Rules in this Chapter to apply to references and applications under section 66 of the Indian Income-tax Act, 1922
669A

* * * * *
669B

* * * * *




CHAPTER XXXVI

  Rules Relating To References And Applications Under Section 27 Of The Wealth Tax Act, 1957 (Act No. 27 Of 1957)

670

References to be sent to the Prothonotary and Senior Master
671

Notice of reference to party at whose instance the reference is made
672

Filing statement of case, issuing notice and fixing date for the hearing
673

Preparatin of Paper Book
674

Failure to file Paper Book
675

Application under section 27(3)
676

Placing of application before the Court
677

Service of rule nisi
678

Time for furnishing copies of application
679

Answer to rule nisi
680

Copy of the Court's Order and judgment to be sent to the Appellate Tribunal
681

References and applications to be heard by a bench
681A

* * * * *
681B

* * * * *




CHAPTER XXXVII

  Rules Relating To References And Applications Under Section 64 Of
The Estate Duty Act, 1953 (Act No. 34 Of 1953)

682

References to be sent to the Prothonotary and Senior Master
683

Notice of reference to party at whose instance reference is made
684

Filing statement of case, issuing notice and fixing date for the hearing
685

Preparation of Paper Book
686

Failure to file Paper Books
687

Application under section 64(3)
688

Placing of application before the Court
689

Service of Rule Nisi
690

Time for furnishing copies of application
691

Answer to Rule Nisi
692

Copy of the Court's Order and judgment to be sent to the Appellate Tribunal
693

Reference and applications to be heard by a Bench





CHAPTER XXXVIII

  Rules Relating To References And Applications Under Section 26 Of
The Gift-Tax Act, 1958 (Act No. 18 Of 1958)

694

References to be sent to the Prothonotary and Senior Master
695

Notice of reference to party at whose instance the reference is made
696

Filing statement of case, issuing notice and fixing date for the hearing
697

Preparation of Paper Book
698

Failure to file Paper Books
699

Application under section 26(3)
700

Placing of application before the Court
701

Service of Rule Nisi
702

Time for furnishing copies of application
703

Answer to Rule Nisi
704

Copy of the Court's Order and judgment to be sent to the Appellate Tribunal
705

References and applications to be heard by a Bench
705-A

* * * * *
705-B

* * * * *




CHAPTER XXXIX

  Rules Relating To References And Applications Under Section 61 Of
The Bombay Sales Tax Act, 1959 (Act No. 51 Of 1959)

706

References to be sent to the Prothonotary and Senior Master
707

Notice of reference to party at whose instance reference is made
708

Filing statement of case, issuing notice and fixing date for the hearing
709

Preparation of Paper Book
710

Failure to file Paper Books
711

Application to the High Court under section 61(1)
712

Placing of application before the Court
713

Service of Rule Nisi
714

Time for furnishing copies of application
715

Answer to Rule Nisi
716

Copy of the Court's Order and judgment to be sent to the Tribunal
717

Reference and applications to be heard by a bench
718

References in this chapter to apply to references and applications under section 34 of the Bombay Sales Tax Act,1953




CHAPTER XL

  Rules Under The Banking Regulations Act, 1949 (Act No. 10 of 1949)


719

Appliction relating to Banking Companies within certain areas of the State of Maharashtra
720

General Headings
721

Presentation and hearing of petitions under Part III or Part III-A of the Act
722

Notice of petition
723

General duties and powers of the Special Officer
724

Inspection of the Report of the Reserve Bank of India
725

Applications in winding up to be by petition
726

Notice of petition
727

Affidavit in answer
728

Directions at the hearing of the petition
729

Transfer of suits and proceedings to the High Court
730

Affidavit in reply
731

When proceedings not transferred, Court may request expedition of the same
732

List of debtors
733

Service of notice
734

Affidavit in reply
735

Settlement of the list of debtors
736

Official Liquidator to report if he contests claims of depositors
737

Register of suits in winding up matters
738

Hearing of suits and matters
739

Procedure in such suits
740

Application for inspection of records
741

Recovery of dues as arrears of land revenue
742

Supervision of the carrying out of compromise or arrangement
743

These rules to be in addition to Companies (Court) Rules of the Supreme Court



744

Appeal to the High Court to be heard by Division Bench
745

Period within which appeal should be filed
746

Appeals



747

Presentation of complaints and issue of process
748

Process in criminal cases
749

What offences to be tried summarily
750
(1)
Procedure in summary trials

(2)
Procedure in non-summary trials
751

Bail
752

Accused person to be competent witness
753

Compounding of offences



754
(a)
Appeal against conviction

(b)
Appeal against acquittal
755

Period of limitation
756

Application to the trial Judge for a certificate
757

Appeals to be filed with the Prothonotary and Senior Master
758

Memorandum of Appeal
759

Procedure on presentation of appeal
760

Admission of appeals
761

Application for bail in appeals
762

Application for notes of evidence
763

Paper Books to be prepared by Appellant and to be typed or cyclostyled
764

Paper Books to be typed or cyclostyled on durable foolscap paper
765

Style and size of appeal paper book when printed
766

Contents of Paper Book
767

Filing of Paper Book
768

Hearing of appeals
769

Procedure in default of filing of paper books



770

Section 5, Limitation Act, applicable
771

Code of Civil Procedure, High Court Original Side Rules and Code of Criminal Procedure to apply




Chapter XLI

Rules Under The Arbitration Act, 1940 (Act No. 10 of 1940)


772

Title of application
773

Mode of application
774

Contents of petition
775

Fees of the arbitrator and umpire
776

Notice of filing application to person likely to be affected
777

Processes to be issued on application by arbitrator or umpire
778

Application to be accompanied by copy of arbitration agreement
779

Special Case
780

Form of the Special Case
781

Notice
782

Copy of the Court's Order and judgment to be forwarded
783

Issue of notice of application under section 20
784

Filing of award
785

Arbitrator or Umpire to make affidavit
786

Notice of filing award
787

Time for application for judgment on award
788

Mode of applying for such judgment
789

Code of Civil Procedure and High Court Original Side Rule to apply




Chapter XLII

Rules Under The Arbitration (Protocol And  Convention) Act, 1937
(Act No. 6 Of 1937)


790

Title of application etc
791

Mode of application
792

Contents of petition
793

Stay of proceedings under section 3 of the Act
794

Enforcement of foreign award. Documents to be produced with petition
795

Procedure to be followed in case of non-production of documents
796

Code of Civil Procedure and High Court Original Side Rules to apply




Chapter XLIII

Rules Under The Foreign Awards (Recognition And Enforcement) Act, 1961
(Act No. 45 of 1961)

797

Title of application etc
798

Mode of application
799

Contents of petition
800

Stay of proceedings under section 3 of the Act
801

Enforcement of foreign award. Documents to be produced with petition
802

Procedure to be followed in case of non-production of documents with petition
803

Code of Civil Procedure and High Court Original Side Rules to apply




Chapter XLIII-A

Rules Relating To Arbitration And Conciliation Act, 1996

803A

Title of application
803B

Mode of Application
803C

Contents of Petition
803D

Fees of the Arbitrator
803E

Notice of filling application to persons likely to be affected
803F

Processes to be issued on application by Arbitrator or a party
803G

* * * * *
803H

* * * * *
803I

* * * * *
803J

* * * * *
803K

* * * * *




Chapter XLIV

Rules Under The Indian Divorce Act, 1869 (Act No. 4 of 1869)


804

Contents of petition and prayer
805

Marriage certificate to be annexed to petition
806

Verification of petition
807

Co-respondent in husband's petition
808

Intervener in wife's petition
809

Notice to appear and answer
810

Service of petition and notice
811

Answer to the petition
812

Answer to be verified and to be served on parties concerned
813

Suit may be stayed or proceeded with
814

Service of decree nisi for dissolution of marriage
815

Service of decree containing collateral matters
816

Service of decree for judicial separation or restitution of conjugal rights
817

How cause shown after decree nisi
818

Affidiavits in reply and rejoinder
819

Decree absolute when to be made
820

Application for decree absolute how made
821

Decree absolute, appearance not necessary




822

Application for alimony, Custody and Maintenance of children, Removal of child outside jurisdiction
823

Provision for wife's costs




Chapter XLV

Rules Under The Trade And Merchandise Marks Act,1958 (Act No. 43 Of 1958)


824

Definitions
825

Title of applications and appeals
826

Mode of application
827

Disposal by Judge in chambers
828

Service on Registrar
829

Record of the case in Appeal
830

Reference under section 107(2)
831

Appeals under section 108(3) and 109(5) of the Act
832

Procedure for withdrawal of application under section 109(7)
833

Notice. How to be given
834

Copy of judgment and order to be sent to the Registrar
835

Code of Civil Procedure and High Court Original Side Rules to apply




Chapter XLVI

Rules Under The Insurance Act,1938 (Act No.4 Of 1938)


836

Applications and appeals
837

Mode of application
838

Disposal of petition
839

Application under section47
840

Costs
841

No payment into Court without leave, where action is pending
842

Notice of payment into Court
843

Procedure regarding disposal of claim
844

Insurer not to be served, unless costs asked against him




Chapter XLVII
Rules Under The Transfer Of Property Act,1882 (Act No. 4 of 1882)


845

Application under section 83 of the Transfer of Property Act
846

Payment into Court of costs and expenses under section 83m of any subsequent section
847

Order for payment of money into Court under section 83
848

Notice under section 83 to be served by the Prothonotary and Senior Master
849

Notice of payment under Order 34 of Code of Civil Procedure to be given by the person making such payment
850

Application by mortgagee
851

Consequence of refusal of tender
852

Interest not to be allowed to the mortgagee in certain circumstances
853

Application for withdrawal of moneys from the Court under section 83 or any subsequent section
854

Certificate of sale and conveyance
855

Enforcement of order under this chapter
856

Rules relating to sales by Commissioner to apply to sales under the Code of Civil Procedure




Chapter XLVIII
Rules Under The Indian Trusts Act, 1882  (Act No.2 Of 1882)


857

Investment of Trust moneys




Chapter XLIX
Rules Under The Powers Of Attorney Act, 1882 (Act No.7 Of 1882)


858

Presentation of petition to the Prothonotary and Senior Master
859

Execution of power of attorney to be verified
860

Receipt to be given on power of attorney being deposited
861

Payment of fees for inspection or certified copies of the instrument so deposited




Chapter L
Rules Relating To Cases Under The Charterd Accountants Act, 1949
 (Act No.37 Of 1949)

862

Case under section 21 of the Act to be filed in Prothonotary's Office
863

Appeal or revision application under section 22-A of the Act to be by petition
864

Appeal or revision application to be filed in Prothonotary's Office
865

In a reference under section 21 of the Act, Council to forward papers to the Court
866

Fixing date of hearing and issue of notice
867

Service of notices
868

In appeal or revision application under section 22-A of the Act, Council to forward all papers to this Court on being served with notice
869

Cases to be heard by a Bench of two Judges
870

Copy of final order to be sent to Council




Chapter LI
  Review

871

Memorandum of Review
872

Copy of decree or order need not accompany memorandum of review
873

Contents of such memorandum
874

Filing of such memorandum and motion
875

Procedure, when Judge has ceased to be the Judge of that Court or sits at particular Bench




Chapter LII
  Appeals

876

Appellate Court
877

Memorandum of Appeal
878

Copy of decree or order need not accompany Memorandum of Appeal
879

Court may dismiss appeal without notice to Respondent
880

Deleted
881

Prothonotary and Senior Master to accept memorandum
882

Endorsement of rejection
883

Application for acceptance of rejected memorandum
884

Deleted
885

Application for leave to appeal as an indigent person
886

Acceptance of petition subject to inquiry in respect of indigent person
887

Appeal to be placed for dismissal on failure to serve notice of appeal
888

Application for notes of evidence
889

Appellant to lodged index of the Appeal paper book
890

Settlement of index
891

Party aggrieved my apply to Judge
892

Contents of appeal paper book where appeal is from a decree
893

Contents of appeal paper book in other cases
894

Number of documents of similar nature
895

Appeal paper book
896

Style and size of appeal paper book when typed or cyclostyled
897

Style and size of appeal paper book when printed
898

English translation
899

Maximum printing charge for twelve copies
900

Charges to be allowed for more then twelve copies
901

Delivery of appeal paper books to respondent on payment of proportionate charges
902

Time for filing appeal paper books
903

Omission to file appeal paper books
904

Interlocutory applications in appeals
905

Application for a Bench when Appellate Court not sitting
906

Rule 153 and 163 applicable to appeals
907

When cross-objections under Order XLI, rule 22 of C.P. Code may be treated as a cross-appeal
908

Time for filing corss-objections under Order XLI, rule 26 of C.P.C.
909

Payment of amount deposited for costs of appeal.




Chapter LIII
   Appeals To The Supreme Court

910

Application for certificate for an appeal to the Supreme Court
911

Particulars in petition
912

Addresses of parties
913

Notice to issue
914

Hearing of petition
915

Service of notice and copy of petition of appeal
916

Transmission of original record to the Supreme Court
917

Deposit for transmission of record
918

Failure to deposit amount for transmission of record
919

Translation by whom to be made
920

Practice as to matters concerning appeal paper books and translation of documents
921

Preparation and printing of appeal paper books in Bombay
922

Service on advocate sufficient
923

Applicability of rules to appeals by special leave




Chapter LIII-A
Transfer Of Cases Under Article 139-A Of The Constitution

923-A
Supreme Court to be informed stage of the pending case
923-B

Service of notice on the Respondent
923-C

Transmission of record and proceedings
923-D

Printed copies of paper books to be sent
923-E

Provisions contained in Chapter LIII to apply to applications under this Chapter
923-F

On transmission of printed record, office to give notice to the parties concerned




Chapter LIV
Audit Of Accounts

924

Audit of accounts of Court Receiver, the Offices of Prothonotary and Senior Master, etc.
925

Audits to be half-yearly. Report to Chief Justice 926 In case of different matter to be decided by Chief Justice or Judge appointed by Chief Justice




PART III
Admirality Jurisdiction
Rules For Regulating The Procedure And Practice In Cases Brought Before The High Court Under The Colonial Courts Of Admiralty Act, 1890 (53-54 Victorla Ch.27)

927

Definitions
928

Institution of suits
929

Caveat against arrest of property
930

Caveat against release of arrested property
931

Caveat against payment out of sale proceeds of property
932

Duration of caveat
933

Withdrawal of caveat
934

Application to set aside a caveat
935

Copy of plaint in suit against property to be served, before filing plaint, on party who has entered caveat
936

Party entering caveat to give security on filing of plaint
937

On default, suit may proceed ex-parte
938

Judgment on the claim and enforcement of payment
939

Property may be arrested notwithstanding caveat
940

Remedy where property protected by caveat is arrested without good  and sufficient caquse
941

Application to arrest property in a suit in rem
942

Nationality of the ship to bhe stated and notice to be given to Consul in suits for possession, wages or necessaries
943

Warrant with Court's leave though particulars wanting
944

Sheriff to serve process
945

Service of writ or warrant, when dispensed with in suit in rem
946

Service of writ of summons or warrant of arrest in a suit in rem
947

Sheriff may apply for directions
948

Application for sale of arrested property
949

Interveners
950

Judgment for the plaintiff if claim well founded
951

Order for sale of property and determination of priority of claims
952

Property not to be released unless notice is given to the caveator
953

Penalty for delaying release
954

Release of arrested property
955

Instrument of release
956

Release by Sheriff on lodging praecipe with release
957

Sales by order of the Court
958

Procedure by Sheriff on sale of property
959

Appearance before Taxing Master
960

Payment of moneys
961

Payment of money out of Court
962

Security for latent demands
963

Security
964

Motions
965

Fees of officers, Sheriff and Advocates
966

Rules and practice of the O.S. to apply, if not inconsistent with the rules in this part
967

Forms of Admiralty Division may be followed
968

Suppression of rules




PART IV
CRIMINAL JURISDICTION
Constitution Of Court And Sitting

969

Jurisdiction to be exercised by a single Judge
970

Appellate Side to hear applications under E.O.C.J. Cases transferred to be heard on the original side in its Criminal Jurisdiction
971

Sitting of Criminal sessions
972

Clerk of the State to issue summonses and processes
973

Witnesses residing beyond certain limits not to be summoned
974

Service on Consuals and Counsular Officers
975

Attendance of witnesses under recognizances and beyond jurisdiction
976

Mode of recording evidence
977

Classification of habitual criminal by the Presiding Judge. Explanation
978

Action to be taken if the misconduct of the police comes to the notice of the Presiding Judge



979

Bail application to whom to be made
980

Application for bail of prisoner committed to Sessions
981

Clerk of the State to wirte to Magistrate to produce depositions
982

On public prosecutor consenting order on shorter notice
983

Amount of bail and number of sureties
984

Prisoner may be released on entering recognizances



PART V
Miscellaneous

985

Definitions
986

Rejections of plaint, Memo of appeal, Execution Application for non-removal of office objections
986-A

Appliction for winding up under Companies Act, 1956 in respect of certain areas of THE STATE OF MAHARASHTRA
987

General Clauses Act, 1897, and section 2, Code of Civil Procedure to apply
987-A

Rules relating to Trade and Merchandise Act, 1958 to apply to this petition under the Patent Act, 1970
988

In case not provided for present practice to be followed
989

Forms to be used
990

Short title, date of commencement and applicability
991

repeal



PART V  - CHAPTER LV
  Rules Relating To Reference And Applications Under Section 130 Of
The Customs Act, 1962 (Act No. 130 of 1962)

992

References to be sent to the Prothonotary and Senior Master
993

Notice of reference to party at whose instance the reference is made
994

Filing statement of case issuing notice and fixing date for the hearing
995

Preparation of Paper Book
996

Failure to file Paper Books
997

Application under section 130 (3)
998

Placing of application before the Court
999

Service of rule nisi
1000

Time for furnishing copies of application
1001

Answer to rule nisi
1002

A copy of the Court's Order and Judgment to be sent to the Appellate Tribunal
1003

Reference and applications to be heard by a bench




PART V  - CHAPTER LVI
  Rules Relating To References And Applications Under Section 35 Of
The Central Excises And Salt Act, 1944

1004

References to be sent to the Prothonotary and Senior Master
1005

Notice of reference to party at whose instance the reference is made
1006

Filing Statement of case, issuing notice and fixing date for the hearing
1007

Preparation of Paper Book
1008

Failure to file Paper Book
1009

Application under section 35 (3)
1010

Placing of application before the Court
1011

Service of rule nisi
1012

Time for furinishing copies of application
1013

Answer to rule nisi
1014

A copy of the Court's Order and Judgment to be sent to the Appellate Tribunal
1015

References and Applications to be heard by a bench



PART V  - CHAPTER LVII
  Rules Relating To Reference And Applications Under Section 82 Of
The Gold (Control) Act, 1968 (Act No. 82 of 1968)

1016

References to be sent to the Prothonotary and Senior Master
1017

Notice of reference to Party at whose instance the reference is made
1018

Filing Statement of case, issuing notice and fixing date for the hearing
1019

Preparation of Paper Book
1020

Failure to file Paper Book
1021

Application under section 82(3)
1022

Placing of application before the Court
1023

Service of rule nisi
1024

Time of furnishing copies of application
1025

Answer to rule nisi
1026

A copy of the Court's Order and Judgment to be sent to the Appellate Tribunal
1027

References and applications to be heard by a bench




PART V  - CHAPTER LVIII
Rules to regulate proceedings for contempt under Article 215 of the
Constitution Of India and the Contempt Of Courts Act, 1971

1028

Title
1029

Commencement
1030

Definitions



1031

PART I
1032

PART II



1033- 1048

Cognizance And Procedure



1049-1052
Enquiry



1053
PART III




PART LIX

Rules Relating To Cases Under The Company Secretaries Act, 1980

1054

Case under section 21 of the Act to be filed in Prothonotary's Office
1055

Appeal or Revision Application under section 30 of the Act to be by Petition
1056

Appeal or Revision Application to be filed in Prothonotary's Office
1057

In a Reference under section 21 of the Act, Council to forward papers to the Court
1058

Fixing date of hearing and issue of Notice
1059

Service of Notices
1060

In Appeal or Revision Application under section 30 of the Act, Council to forward all papers to this Court on being served with Notice
1061

Cases to be heard by a Bench of two Judges
1062

Copy of final Orders to be sent to Council



SCHEDULE OF FORMS

Form No

Details
1

Application for Registration
2

Proposal to designate Advocate as Senior Advocate
3

Verification of plaints and other pleadings
4

Appearance, of party in person
5

Vakalatnama of Advocate or Supreme Court Advocate
6

Petition to appoint guardian-ad-litem
7

Notice of application to appoint guardian-ad-litem
8

Writ of summons in a matrimonial suit other then a suit under the Indian Divorce Act, 1869
9

Writ of Summons in a suit other then a Summary Suit or a Matrimonial Suit
10

Writ of Summons in a Summary Suit
11

Summons for Judgment in Summary Suit
12

Chamber Summons
13

Notice of Motion
14

Notice under Order XXX, Rule 5 of the Code of Civil Procedure
15

Notice of Counter-claim
16

Notice of payment with denial of liability
17

Third Party Notice : Re: Contribution or Indemnity
18

Third Party Notice : Re : Question or Issue
19

Confession of Defence
20

Order for dismissal or withdrawal of suit
21

Affidavit of documents under Order XI, Rule 13 of the Code of Civil Procedure
22

Summons to witness
23

Originating Summons
24

Commission under section 76, Order XXVI, Rule 4 of the Code of Civil Procedure
25

Order appointing Receiver
26

Order of References to arbitration
27

Order of Reference in Administration Suit
28

Order of reference under Order XXVI, Rules 11 and 12 of the Code of Civil Procedure
29

Decree on Commissioner's Report
30

Application to Draw up money decree
31

Money Decree
32

Decree under Order XXXVII of the Code of Civil Procedure
33

Money decree in suit and on Third Party Notice
34

Preliminary decree on Mortgage, Mortgagor in possession
35

Preliminary decree on Mortgage, by deposit of title deeds 319
36

Preliminary decree on Mortgage, Mortgagee in possession
37

Final decree in foreclosure
38

Final decree in suit for sale
39

Decree of the Appellate Court, dismissing Appeal
40

Warrant of arrest before judgment under Order XXXVIII, Rule 1 of the Code of Civil Procedure
41

Security Bond under Order XXXVIII, Rule 2 of the Code of Civil Procedure
42

Warrant of committal in the case of arrest before judgment
43

Warrant of attachment before judgment under Order XXXVIII, Rule 5 of the Code of Civil Procedure
44

Notice under Order XXI, Rule 2 of the Code of Civil Procedure
45

Application for Execution under Order XXI, Rule 11(2) of the Code of Civil Procedure
46

Notice under Section 145 of the Code of Civil Procedure
47

Garnishee Notice
48

Notice under Order XXI, Rule 16 of the Code of Civil Procedure
49

Notice under Order XXI, Rule 22 of the Code of Civil Procedure
50

Notice under Order XXI, Rule 34 of the Code of Civil Procedure
51

Notice under Order XXI, Rule 37 of the Code of Civil Procedure
52

Warrant of arrest after judgment under Order XXI, Rule 38 of the Code of Civil Procedure
53

Warrant of committal in execution of decree
54

Warrant of attachment of movable property in the possession of the judgment-debtor under Order XXI, Rule 43 of the Code of Civil Procedure
55

Warrant of attachment of a debt not secured b y negotiable instrument under Order XXI, Rule 46 of the Code of Civil Procedure
56

Warrant of attachment of shares in public companies under Order XXI, Rule 46 of the Code of Civil Procedure
57

Warrant of attachment of movable property in possession of third party under Order XXI, Rule 46 of the Code of Civil Procedure
58

Order to attach salary of public officer, etc. under Order XXI, Rule 48 of the Code of Civil Procedure
59

Attachment of partnership property under Order XXI, Rule 49 of the Code of Civil Procedure
60

Warrant of attachment of negotiable instrument under Order XXI, Rule 51 of the Code of Civil Procedure
61

Notice under Order XXI, Rule 52 of the Code of Civil Procedure
62

Notice under Order XXI, Rule 53(1) (a) and (6) of the Code of Civil Procedure
63

Notice under XXI, Rule 53(1)(b) of the Code of Civil Procedure
64

Notice under Order XXI, Rule 53(4) of the Code of Civil Procedure
65

Warrant of attachment of immovable property under Order XXI, Rule 54 of the Code of Civil Procedure
66

Warrant for sale of movable property under Order XXI, Rule 64 of the Code of Civil Procedure
67

Warrant for sale of immovable property under Order XXI, Rule 64 of the Code of Civil Procedure
68

Conditions of sale of immovable property
69

Conditions of sale of movable property other then negotiable securities etc.
70

Bidding paper
71

Certificate showing persons who have applied for execution of money decree
72

Notice to judgment-creditor
73

Order for payment by Sheriff
74

Warrant of possession under Order XXI, Rule 35 and 36 of the Code of Civil Procedure
75

Warrant of possession under Order XXI, Rules 95 and 96 of the Code of Civil Procedure
76

Commissioner's Summons to judgment-debtor for settling proclamation of sale
77

Notice to persons having claims on attached property
78

Sheriff's proclamation of sale
79

Instruction to guardians
80

Bond by guardian
81

Receiver's Account
82

Notice under section 18 of the Land Acqusition Act, 1894
83

Notice under section 30 of the Land Acqusition Act, 1894
84

Special Case : Section 13 (b) of the Arbitration Act, 1940
85

Notice under the Indian Divorce Act to appear and answer
86

Notice to apply for leave to intervene
87

Notice under section 21 of the Chartered Accountants Act, 1949
88

Notice under section 22-A (1) of the Chartered Accountants Act, 1949
89

Notice under section 22-A (2) of the Chartered Accountants Act, 1949
90

Memorandum of Appeal under Order XLI, Rule 1 of the Code of Civil Procedure
91

Notice under Order XLI, Rule 14 of the Code of Civil Procedure
92

Security Bond under Order XLI, Rule 5 of the Code of Civil Procedure
93

Petition for grant of a certificate for appeal to the Supreme Court
94

Notice of application for certificate for an appeal to the Supreme Court
95

Order granting certificate for appeal to the Supreme Court
96

Notice of lodgment of petition of appeal in the registry of the Supreme Court



FORMS RELATING TO TESTAMENTARY AND INESTATE JURISDICTION

97

Petition for probate of a Will
98

Schedule of property of the deceased
99

Schedule of debts etc of the deceased
100

Schedule of trust property held by the deceased
101

Executor's oath
102

Affidavit of the attesting witness
103

Petition for Letters of Administration
104

Administrator's oath
105

Petition for Letters of Administration with Will annexed
106

Administrator's oath in the case of Letters of Administration with the Will annexed
107

Petition by Constituted Attorney for Letters of Administration with copy of authenticated coply of the Will annexed
108

Administrator's oath in case where Letters of Administration with copy of authenticated copy of the Will are granted to constituted Attorney
109

Petition for Judge's Order to apply for Letters of Administration for the use and benefit of a minor
110

Petition for Succession Certificate
111

Schedule of debts and securities of the deceased
112

Petitioner's oath in the case of Succession Certificate
113

Subpoena to bring in Will etc
114

Citation to accept or refuse executorship
115

Citation to see proceedngs
116

Caveat
117

Notice of the filing or affidavit in support of caveat
118

Administration Bond
119

Administration Bond of a Constituted Attorney
120

Bond in the case of Succession Certificate
121

Probate
122

Letters of Administration
123

Letters of Administration with the will annexed
124

Succession Certificate
125

Extension Certificate
126

Succession Certificate to the guardian of a minor
127

Order under section 10 of the Administrator-General Act, 1963
128

Letters of Administration granted to the Administors-General
129

Letters of Administration with the will annexed granted to the Administrator General
130

Certificate that no application has been made for probate or letters of administration
131

Citation to file inventory and account
132

Certificate of filing inventory and account
133

Certificate of amended value of the estate, to be forwarde3d to the Superintendent of Stamps
134

Notice under section 360 and 367 of the Indian Succession Act
135

Oaths or affirmations
136

Notice under section 21 of the Company Secretaries Act, 1980
137

Notice under section 30 of the Company Secretaries Act, 1980
138

Notice under section 31 of the Company Secretaries Act, 1980








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