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, namely:— (1) rule 10 and rule 11, causes (b) and (c) of Order VII; (2) rule 3 of Order X; (3) rule 2 of Order XVI; (4) rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 (so far as relates to the mariner of taking evidence) of Order XVIII;. (5) rules 1 to 8 of Order XX; and (6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum);
and rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.
HIGH COURT AMENDMENTS
Assam and Nagaland.- Insert Rule 4 as in Calcutta (vi), Bombay, (Dadra and Nagar Haveli) Goa, Daman and Diu.- (1) In Order XLIX, for the existing Rule 3 and its marginal note, substitute the following as Rule 3 and marginal note:— “3. Application of Rules.— The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary civil jurisdiction, namely:- (1) Rule 19-A, Order V; (2) Rule 10, clauses (b) and (c), of Rule hand Rule 14-A of Order VI; (3) Rule 14-A of Order VI; (4) Rule 3 of Order X; (5) Rule 2 of Order XVI; (6) Rules 5,6, 8. 9, 10, ii, 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of Order XVIII; (7) Rules 1 to 8 (both inclusive) of Order XX; (8) Rule 72-A of Order XXI; (9) Rule 7 of Order XXXIII (so far as relates to the making of a memorandum), and (10) Rule 38 of order XLI: and Rules 31 and 35 (4) of order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.” Rule 4: (2) In Order XLIX, after Rule 3 as substituted above, add the following rule with marginal note as new Rule 4 and its marginal note:— “Powers of the Registrar of the High Court to accept Court-fees after the preservation of the appeal.— Where on a memorandum of appeal presented to the High Court within the time prescribed for the same the whole of any part of the fee prescribed by the law for the time being in force relating to Court-fees has not been paid, the Registrar may, in his discreation, allow the appellant to pay the whole or part, as the case may be, of such Court-fee after the presentation of the memorandum of appeal, and may admit the appeal to the register even though the Court-fee or part of ii may have been paid after the time prescribed for the presentation of the appeal.” (1.10.1983) and (1.4.1987). Calcutta.- (1) For words and figure “Rule 35” substitute “Rules 12, 14, 15 and 35’; (21.10.1948). (ii) clause (1) deleted (1.8.1974). Rule 4: (iii) (Notification No. 7376-G of 8.8.1940).- Add the following as new rule:— “4. A Judge of the I-ugh Court may pronounce the written judgment or opinion of any other judge of the said Court signed by him when such Judge continues to be Judge of such Court but is prevented by absence or any other reason from pronouncing that judgment or opinion in open Court” (5.10.1948). Gujarat.- (i) Substitute Rule 3 as below:- “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, namely:— (1) Rule 21-A of Order V; (la) Rule 10 Clauses (b) and (c) or Rule ll and Rules 19 to 26 (both inclusive) of Order VII; (1b) Rules 11 and 12 of Order VIII; (2) Rule 3 of Order X; (3) Rule 2 of Order, XVI; (4) Rules 5,6,8,9,10,11,12,14,15 and 16 (so far as relates to the manner of taking evidence) of Order XVIII; (5) Rules Ito 8 of Order XX; (5A) Rule 72-A of Order XXI; (6) Rule 7 of Order XXXIII (so far as relates to the making of a memorandum): and (7) Rule 38 of Order XLI; and Rules 31 and 35 of Order XLI shall not apply to such High Court in the exercise ot its appellate jurisdiction.” Rule 4: (ii) After Rule 3 add the following as Rule 4:— “4. Where on a memorandum of appeal presented within the time prescribed for the same, the whole or any part of the fee prescribed by the law for time being in force relating to Court-fees has not been paid, the Registrar may in his discretion allow the appellant to pay the whole or part, as the case may be, or such Court-fees and may admit the appeal to the Register, even though the subsequent payment of Court-fee may have been made after the time prescribed for presentation of the appeal.” Kerala.- Omit Order XLIX (9,6.1959).
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