DELHI HIGH COURT ORIGINAL SIDE RULES, 1967
CHAPTERRule1 Jurisdiction to be exercised by a Judge/Single
Every suit coming before the Court in its Ordinary Original Civil Jurisdiction shall be tried and heard by a Single Judge.
Rule2.
1 Substituted Delhi Gazette part II Section I No. 6 dated 15.2.1973. la. Subs, vide Notification No. 81 DHC/Rules Dated 15.3.1988. A Judge before whom any suit, application or other proceeding, interlocutory or otherwise, is pending may, if he thinks fit, refer it or any question of law, practice or procedure arising therein to the Chief Justice for constituting a Bench of two or more Judges to decide the same. If only a question has been referred, the Judge shall, after receipt of a copy dispose of such suit, application or proceeding in conformity therewith.<
CHAPTERRule1 Proceedings how written
(a) Every plaint, written statement, application petition and like presented to the Court:-
(i) shall be in English;
(ii) shall be fairly and legibly type written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeters width on top and on the left side;
(iii) Cause title- shall be instituted "in the High Court of Delhi" and shall state the jurisdiction (whether Original, Civil, Testamentary or Intestate or Matrimonial etc.) in which it is presented;
(iv) Paragraphs- shall be divided into paragraphs numbered consecutively, each paragraph containing as nearly as may be a separate allegation.
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CHAPTERRule1 Presentation at the counter
All plaints, petitions, applications and documents shall be presented by the plaintiff, petitioner, applicant defendant or respondent in person or by his duly authorized agent or by an advocate duly appointed by him for the purpose, at the filing counter. All such documents filed in Court shall be accompanied by an index in duplicate containing their details. The amount of Court fee affixed or paid on any such document shall also be indicated in the index. Sufficient number of copies of the plaint, petition or application shall also be filed for service on the opposite party.
Rule2 Endorsement and Scrutiny of documents
(a) The officer in charge of the filing-counter shall endorse the date of receipt on the
CHAPTERRule1 Execution and filing of Vakalatnama
An Advocate on his filing a Vakalatnama duly executed by a party shall be entitled to act as well as to plead for the party in the matter had to conduct and prosecute all proceedings that may be taken in respect of such matter or any decree or order passed therein including proceedings in taxation and applications for review, execution and appeal in the High Court and to take all such other steps as he may be specifically authorized by the power of attorney.
Rule2 Certificate of fees
Every Advocate shall before the commencement of the final arguments in the suit or matter file a certificate showing the amount of fee paid with date of payment or agreed to be paid to him.
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CHAPTERRule1 In default of appearance by defendant suit to be posted on short cause day
If on the day fixed for his appearance in the writ of summons the defendant does not appear and it is proved that the summons was duly served, the suit shall, whether the summons was issued for final disposal or not, be set down for final disposal on the next or some subsequent short cause day.
Rule2 Procedure when defendant appears
If the defendant appears personally or by an advocate before or on the day fixed for his appearance in the writ of summons:-
(i) Where the summons had been issued far final disposal, the suit shall be set down for final disposal on the next or subsequent short cause day;
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CHAPTERRule1 Setting down for directions
When the pleadings have been used, the suit shall after fifteen days thereof be set down before the Registrar for directions;
Provided that any party may apply for directions before closing of the pleadings and the Registrar may grant or refuse such application.
Rule2 Issuing of directions
On the suit coming for directions before the Registrar, he shall so far as practicable, make such orders as may be proper with respect to the following matters: Admission, discovery, interrogatories and inspection or documents.
Rule3 Appeal from Registrar to a Judge
CHAPTERRule1.
Copies of all documents filed by parties will be supplied to the opposite party or parties unless it be impracticable to prepare a copy in which case the relevant extract of the document may be supplied. The expenses incurred for supplying copies will be taxable as costs.".
Rule1A Proceeding at the First hearing
On the date fixed for defendants appearance, the parties or their advocate shall produce before the Court all the documents in their power or possession up on which they intend to rely. On the first hearing the Court shall ascertain from each party or his advocate whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by n
CHAPTERRule1 Short title
These Rules may be called the "Delhi High Court (Original Side) Rules, 1967".
Rule2 Commencement
1 Substituted Delhi Gazette part II Section I No. 6 dated 15.2.1973. la. Subs, vide Notification No. 81 DHC/Rules Dated 15.3.1988. These Rules shall come into force with effect from such date as may be notified.
Rule3 Application
All proceedings on the original side of the Court instituted or transferred pursuant to provisions of the Delhi High Court Act of 1966 or any other law shall unless otherwise ordered by the Court be governed by these Rules.
CHAPTERRule1 Form
Every interlocutory application shall be instituted in the suit or matter in which it is filed.
Rule2 Contents of applications
(i) Except where otherwise provided in these rules or by any law for the time being in force, an interlocutory application:-
(a) shall contain only one prayer or one series of alternative prayers of the same kind;
(b) shall not contain any argumentative matter;
(c) shall be supported by affidavit stating clearly the grounds and the facts on which the application is based
(ii) Copies of the application, affidavit and of such oth
Rule1.
1 Ins. vide Notification No. 28 Dated 25th Feb. 1991 w.e.f. 28th Feb. 1991 (Published in Delhi Gazelle) Part IV Dated 28.3.1991 Page 155.
(a) Applications for issuance of commissions to examine witness shall be made by the parties within 30 days from the date of the settlement of issues and shall be supported by an affidavit disclosing the nature of the evidence each of the witness is expected to give. If the witnesses are sought to be examined on interrogatories, the interrogatories will be submitted alongwith the application. Copies of such application, affidavit and interrogatories shall be served on the opposite party.
(b) No application for the issuance of such commission shall be entertained after the suit or matter has been set down for trial unless the court is satisfied that ap
Rule1.
Commissions to examine parties and witnesses. Notwithstanding anything contained in Order XXVI of the Code of Civil Procedure, 1908, the Court may, at its discretion, in any suit, at any stage, direct that the parties and witnesses be examined on Commission. The evidence recorded on Commission shall be read as evidence in the suit.
Rule1 Summons to witnesses
(a) An application for calling witnesses before the Court or a Commissioner appointed to take evidence, shall set forth a list of the witnesses and state, in addition to the particulars required by rule 42 of Chapter XXI, whether they are required to give evidence as experts or otherwise or to produce any document, and in the latter case shall specify the date and description of the document so as to identify it
(b) If the applicant desires to produce witnesses or any one of them under O. XVI, rule 1-A of the Code, the fact shall be stated in the application
(c) Upon the grant of process, the process fee, travelling expense and subsistence allowance chargeable if any, in respect thereof shall be calculated by the office forthwith and deposited by the party concerned
Rule1 Adjournments to be to a day certain
All adjournments shall be to a day certain. No suit or matter shall be adjourned sine die except for reasons recorded in writing.
Rule2 Adjournment granted only on good cause
No adjournment shall be granted except on good cause shown. The consent of parties shall not of itself be a good cause for adjournment.
Rule1 Evidence, how taken
(a) Upon the hearing of any suit or matter the evidence of each witness shall be taken down by or in the presence and under the superintendence of the Judge, ordinarily in the form of a narrative
(b) A party to a suit or matter in which deposition of a witness has been taken down in shorthand or typed to the dictation of the Judge shall be entitled to be furnished on payment of the prescribed fee with a typed copy of the transcript, provided that ordinarily a written application has been made at the commencement of the hearing to be so furnished with a copy
Rule2 Any particular question and answer may be taken down
The Court may, of its own motion or at the request of any party
Rule1 Admission of next friend to bring a suit formal order unnecessary
When a suit is brought on behalf of a minor, the next friend shall make an affidavit, to be presented with the plaint in the suit, that he has no interest directly or indirectly adverse to that of the minor, and that he is otherwise a fit and proper person to act as such next friend. The age of the minor shall also be stated. No formal appointment of the person instituting the suit as next friend need be made.
Rule2 Next friend to file address for service
(a) The next friend shall file along with the plaint a memorandum in writing stating his address for service
(b) If the next friend fails to file his address for service as aforesa
CHAPTER1 Sub. vide Delhi Gazette Part II Sect. I Dated 13.1.1982 Rule1.
Order XXXVII of the Code of Civil Procedure as in force from time to time shall apply to suits filed under this Chapter
Rule1 Commercial cases defined
Commercial suits include suits arising out of the ordinary transactions of merchants, bankers and traders; and amongst others those relating to the construction of mercantile documents, export or import of merchandise, affreightment, carriage of goods by land, sea or air, insurance, banking and mercantile agency and mercantile usages.
Rule2 Plaint in such cases to be marked "Commercial" Suits
Where a plaintiff, on the presentation of the plaint, applies that his suit may be dealt with as a commercial suit, fie Registrar shall if satisfied that the suit is a commercial suit, the Registrar shall if satisfied that the suit is a commercial suit and has been brought without undue delay, cause the plaint to be marked with
Rule1 Cause Lists
(a) On such day in the week as may be fixed by him, the Registrar shall sit to fix dates in suits, miscellaneous and interlocutory applications and other matters pending on the original side
(b) Subject to the orders of the Court, matters fixed for final disposal on any day of die week shall be entered in the list for that day according to the date of their registration provided that precedence be given to:-
(i) part-heard matters
(ii) as between the suit of the same year to commercial suits
(c) The cause-list shall be prepared under the directions of the Registrar and signed by him
(d) If there be more Judges than one on the Original Side, a
Rule1 Proof of facts by affidavits
The Court may at any time for sufficient reasons, order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable: Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit.
Rule2 Evidence by affidavits
Upon any application evidence may be given by affidavit; but the Court may, at the instance of either party order the attendance for cross-examination of the Deponent, and such attendance shall be
Rule1 Application for appointment of Receiver to be by petition supported by affidavit
Every application for the appointment of a receiver shall be made in writing and shall be supported by an affidavit.
Rule2 Register of Receivers
On an order of the appointment of a receiver being drawn up and signed, an entry shall be made in a register to be kept for the purpose. A copy of the order of appointment shall be sent to the receiver.
Rule3 Receiver other than official receiver to give security
Where an order is made directing a receiver to be appointed, the person appointed, if not the Official Receiver, shall, unle
Rule1 Security Summons
1 Substituted vide Notification No. 241/DHC/Rules dated 1-9-88, w.e.f. 1-9-1988
(a) Subject to any directions given by the Court, where security is ordered to be given to the satisfaction of the Registrar, the party ordered to give security shall take out a summons within 14 days of the date of the order and shall serve the same upon the opposite party
(b) The summons shall state the name and address of each surety to be tendered and a full and sufficient description of the property to be given as security
Rule2 Affidavit to Justification
(a) Simultaneously, every person offering himself as a surety shall make and file an affidavit of j
Rule1 Service of Notice
(a) Except where otherwise provided by these Rules, or ordered by the Court, all summons, notices, orders or other documents required to be given to or served on a party or person, who resides within the jurisdiction of this Court, shall be served on such party or person either personally or on his advocate.
(b) Service of any notice, order or other document upon a person who resides outside the jurisdiction of this Court, but within the territory or India, may ordinarily be effected by posting a copy of the document required to.be served in a prepaid envelope registered for acknowledgement addressed to the party or his agent empowered to accept service, at the place where the party or his agent resides or carries on business or personally works for gain.
(c) Notwithsta
Rule1 Payment of money
(a) The Registrar and subject to his directions any other officer of the Court shall receive all monies paid into the Court and shall pay out all monies duly ordered to be paid out of Court
(b) Money may be paid or deposited in Court by postal money order. In that case, the person making the payment shall send to the Registrar a statement containing full particulars regarding the intended payment or deposit
Rule2 Notice of Payment or deposit to judgment creditor or Collector
(a) A person paying money into or depositing property in the Court in part or full satisfaction of a decree or order shall give notice through the Court of such payment or deposit to the judgment-creditor
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CHAPTER1 Substituted vide Notification No. 241/DHC/Rules dated 1-9-88, w.e.f. 1-9-1988
Rule1 Taxing Officer
The Registrar, or such other officer as the Chief Justice may appoint for the purpose, shall be the Taxing Officer of the Court.
Rule2 Time for filing bill of costs
Each party shall within seven days from the-date on which judgment is delivered or order is passed or within such further time as the Taxing Officer may allow, submit his bill of costs.
Rule3 Contents of the Bill of Costs
The bill of costs shall set out:-
Rule1 Interpretation
In this Chapter the word decree includes order. Application for Transmission.
Rule2 Transmission of decree for execution
(a) An application for transmission of a decree to another Court for execution shall be in the form prescribed and shall specify the Court to which the transmission of the decree is sought and whether the decree has already been satisfied in part and if so to what extent. The same shall be supported by an affidavit. It shall also be accompanied by a certified copy of the decree or an application for the same
(b) The Registrar shall transmit by registered post at the cost of the applicant the certified copy of the decree together with the other documents mentioned
Section Ch24 of the Delhi High Court (Original Side) Rules, 1967, pertains to the procedures and requirements for the tendering and acceptance of electronic records in proceedings before the Court. It aims to regulate the use of digital evidence and ensure proper handling, security, and authenticity of electronic data presented in civil cases on the original side of the Court.
Section Ch24 mandates that any party intending to submit electronic records must do so on encrypted media such as CD, DVD, or other digital medium, with a hash value to guarantee data integrity. The section emphasizes secure transmission, proper documentation, and verification of electronic evidence to maintain the integrity of the judicial process.
Section Ch24 applies to all proceedings before the Delhi High Court (Original Side) where electronic records are to be tendered as evidence. It governs the manner of submission, security protocols, and verification processes, ensuring that digital evidence is handled with the same seriousness as physical documents.
While the section primarily deals with procedural compliance, non-compliance or submission of false or tampered electronic records can lead to contempt proceedings, penalties, or adverse inferences drawn against the offending party. The Court has the power to punish for giving false evidence or tampering with electronic data, aligning with broader legal principles of truthfulness and integrity in judicial proceedings.
Note: The references are based on the provided sources and interpret the procedural and legal principles governing electronic evidence under Section Ch24 of the Delhi High Court (Original Side) Rules, 1967.
FORM
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suit No. of 19
Plaintiff/Petitioner vs. Deft/Respt.
Next date of hearing:
List of witnesses filed by the...........................................................................................
Serial
No.
Full name &
complete
Facts Sought
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SCHEDULE
TABLE OF FEES
A. In defended suits., (i) If the amount or value shall exceed Rs.one lakh and not exceed Rs.Five Lakhs, on Rs. One Lakh Rs.6,500/- and on remainder at two per cent.
(ii) If the amount or value shall exceed Rs. Five Lakh, on Five Lakh as above and on they remainder at I per cent subject, however that in no case the amount of fee shall exceed Rs.20,000/-
B. Deleted.
C. Miscellaneous proceedings.
(i) If any interlocutory application for any matter, excluding execution proceeding, Other than that of appearing, acting or pleading in a suit, such fees as the Taxing Officer may allow having regard to the nature and importance of the proceeding
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