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Civil Rules of Practice, 1971 (Kerala)

[As amended by K. G. Ext. No. 11 dt. 18/03/2014, G.O. (Rt) No. 257/2015 and Notifi cation No. D1-17782/2000 dt. 16/04/2019, published in K. G. No. 22 dt. 28/05/2019.] Preamble.-- Whereas it is expedient to unify and consolidate the Civil Rules of Practice now in force in the State and whereas it is expedient to incorporate with them the Circular Orders and instructions issued from time to time by the High Court and whereas it is expedient to frame uniform rules for the whole State; By virtue of the powers conferred by Section 122 of the Code of Civil Procedure, 1908, the Kerala Court Fees and Suits Valuation Act, 1959, and all other powers thereunto enabling and with the previous approval and confirmation of the Government conveyed under G.O. (M.S.) No. 239/70/Home, dated 19th November, 1970, the High Court of Kerala hereby makes the following rules to regulate the procedure and practice in the Subordinate Civil Courts in the State:--

Read full Act
S.CIVIL REGISTER No. 12

CIVIL REGISTER No. 12
Register of original suits disposed of
Court :
Year :

Serial number

Number of the suit disposed of

Date of institution or of receipt on order of transfer

Date of disposal

Transferred to another Court

Disposed of

Actual number of days intervening between institution or other receipt and disposal

Amount decreed

Remarks

Without trial

Exparte<

Legal Commentary on Section CIVIL REGISTER No. 12 of the Civil Rules of Practice, 1971 (Kerala)

Introduction

Section 12 of the Civil Rules of Practice, 1971 (Kerala) deals with the disqualification of applications for copies of proceedings or documents filed in or in the custody of courts. It sets out the circumstances under which such applications by strangers or third parties are permissible, emphasizing the importance of safeguarding judicial proceedings from unwarranted disclosures, while also balancing the rights of individuals to access certain information.

What does Section Says

Section 12 stipulates that no application for information or documents relating to judicial proceedings shall be entertained under these rules, unless specifically permitted. It emphasizes that applications by strangers (non-parties) require the court’s prior approval, and that such applications must be verified and specify the purpose for which the copy is required.

Essential Ingredients

  • Prohibition on applications by strangers: Applications for copies by persons not parties to the proceedings require the court’s permission.
  • Verification and purpose: Applications must be verified and state the purpose for which the copy is sought.
  • Court’s discretion: The court has the authority to permit or reject such applications, ensuring that the disclosure does not prejudice judicial proceedings.
  • Relevance of purpose: The purpose must be bona fide and relevant to the applicant’s interest or legal proceedings.
  • Protection of judicial integrity: The rule aims to prevent unnecessary or intrusive disclosures that may harm the sanctity of judicial proceedings.

Scope of Section

  • Application to non-parties: Restricts access to judicial records by strangers unless court permits.
  • Protection of proceedings: Ensures that judicial proceedings are not exposed to unwarranted scrutiny, which could undermine the administration of justice.
  • Limited exceptions: Permits applications from parties or authorized persons, with verification and purpose stated.
  • Relation with other rules: Works in conjunction with rules governing the issue of certified copies, emphasizing the need for court’s approval for third-party requests.
  • Balance between transparency and confidentiality: Strives to maintain judicial confidentiality while allowing access where appropriate.

Punishment for Violations

The Rules do not specify direct punishments for non-compliance with Section 12; however:- Disallowance of unauthorized applications: Applications filed contrary to the rule may be rejected.- Contempt proceedings: If a person breaches confidentiality or discloses proceedings unlawfully, it may constitute contempt of court under the Contempt of Courts Act, 1971.- Legal consequences: Unauthorized disclosure could potentially lead to civil or criminal proceedings for breach of judicial decorum or contempt.

Legal Comments

This concise legal commentary and analysis aim to clarify the scope, purpose, and implications of Section 12 of the Civil Rules of Practice, 1971 (Kerala), highlighting its role in balancing transparency and judicial integrity.

S.Rule 1 Short title

These rules may be cited as the Civil Rules of Practice, Kerala.


S.Rule 2 Commencement

These rules shall come into force on such date* as may be notified by the High Court and shall apply, as far as may be, to all pending proceedings.


S.Rule 3 Repeal

All the rules contained in the Civil Rules of Practice, Travancore-Cochin and Civil Rules of Practice and Circular Orders, Madras, shall on these rules coming into force stand cancelled.


S.Rule 4 Forms

The Forms in Appendix I hereto shall be used with such variations as circumstances may require.


S.Rule 5 Definitions

In these rules unless there is anything repugnant in the subject or context,

(1) "Address for service" means the place appointed by a party or his pleader at which service of summons, notice or other process, may be made on such party;

(2) "Application" includes cheque application, execution application, execution petition and interlocutory application whether written or oral;

(3) "Cheque application" means an application made for the issue of a cheque;

(4) "Clear days" excludes the first and the last day;

(5) "Code" means the Code of Civil Procedure, 1908, as amended from time to time;

(6) "Execution Petition" means a petition to the court for the execution of any decree or order;

(7) "Execution application" means an application to the Court made in a pending execution petition;

(8) "First hearing" includes the hearing of a suit for settlement of issues and any adjournment thereof;

(9) "Interlocutory application"means

S.Rule 6 Reckoning of prescribed days

In all cases in which any particular number of days not expressed to be clear days is prescribed by these rules the same shall be reckoned exclusive of the first day and inclusive of the last day unless the last day falls on a day on which the office of the Court is closed in which case the time shall be recokoned exclusively of that day also, and of any other following day or days during which the office may continue to be closed.


S.Rule 7 Service of Notice

Except where otherwise provided by the Code or these rules, or any law for the time being in force, any notice directed to be given to any party shall be in writing, and may be served by the party or his pleader or agent on the other party, or his pleader or agent personally, his signature being taken in acknowledgement of such service; or by registered post, prepaid for acknowledgement to the address for service of the party or agent.


S.Rule 8 Office hours

The offices of Courts shall be open on all working days from 10.30 a.m. to 5 p.m. or during such other hours as may be notified by the High Court from time to time.


S.Rule 9 Sitting of Courts

(1) The Courts shall ordinarily sit from 11 a.m. to 5 p.m. with a break not exceeding an hour.

(2) No case shall be heard and no judicial act shall be formally announced or done on a holiday save in exceptional circumstances of which a full report shall be made to the High Court.


S.B. APPOINTMENT OF PLEADERS


S.D. POSTING OF CASES


S.H. ORIGINAL PETITIONS


S.I. TRANSFER OF SUITS OF OTHER PROCEEDINGS


S.Rule 58 Process fees

Process fee shall be leviable at the rates prescribed from time to time under the Court Fees Act.


S.Rule 59 Language to be used in processes

Processes shall ordinarily be issued in the language of the Court through which they have to be served. But where the person to be served is residing outside the State or is not an Indian National whether resident within or without the State or is an employee in the Service of any other State in India or of the Central Government, processes in the English form alone shall be used.


S.Rule 60 Signing of processes

Every warrant of arrests shall be signed by the Judge or the Chief Ministerial Officer. All other processes may be signed by the Central Nazir or Deputy Nazir.


S.Rule 61 Production of copies for service

(1) In any proceeding in which summons or notice has to be issued by any Court to any person, the party presenting the plaint, memorandum of appeal, cross objection or application shall also file in Court a process memo affixing the necessary stamps for the issue of process together with a sufficient number of copies of the plaint, memorandum of appeal, objection or application for service on the parties concerned along with the summons or notice.

(2) The copies above referred to shall be certified as correct by the party presenting the same or his pleader and shall show the date of presentation of the original and the name of the pleader, if any, who presented the same.

(3) In all cases where processes of the nature of summons and notices have to be issued, the parties on whose behalf such summons or notices are issued or their pleaders shall, along with the process memo, file printed forms of processes in duplicate, legibly filled up leaving the date for appearance a

S.Rule 62 Form of summons to Presiding Officers of Parliament and State Legislatures

Whenever the presiding officer of a House of Parliament or of a State Legislature or the Chairman of a Committee thereof is required to appear in any Court as a party in a case before it, the Court shall send a letter instead of a summons to such person as provided in Order V Rule 30 of the Code.


S.Rule 63 Fixing of date for appearance of parties

(1) The date for appearance of parties shall be so fixed by the Court as to allow a reasonable time between the date of service and the date of hearing. In the case of original suits, original petitions, small cause suits and appeals it shall be not less than 7 days provided that in the case of suits in which the State is a defendant, the time allowed shall be not less than 30 days.

(2) If service is within the periods as above fixed and the party does not appear, the Court shall adjourn the hearing to a beyond the prescribed periods and notice of such day shall be given to the party. In such cases the Court may, if it thinks proper, direct the issue of fresh summons.


S.Rule 64 Copies to be attached to the original process

Along with every original process issued, either for service personally on the parties or for service by affixture, there shall be attached as many copies of the process as may be required.


S.Rule 65 Postal Charges

The postage required for the transmission of process by post shall be met by the Court by use of service stamps. The cost of the service postage stamps shall be treated as part of the cost of the process serving establishment and shall be paid from General Revenues.


S.Rule 66 Endorsement and return of process received from outside

Any court receiving processes for service from any Civil Court of any other State in India shall accept the certificate endorsed on the process by the Court issuing the same as sufficient proof that the proper fee for the issue thereof has been paid and shall deliver such process to the proper officer of the Court for service and shall re-transmit the process to the Court from which it was received with a return in the form prescribed and with an endorsement of the process server showing in what manner service has been effected and if the service has not been effected, the reason for the non-service; and such endorsement shall be verified by an oath or affirmation of the process server. If such endorsement and verification are in a local language, the return shall be accompanied by a true translation of the same in English.


S.Rule 67 Transmission of return

(1) The return, etc., referred to in the above rule shall be transmitted to the Court which issued the process by post 4[x x x x].

(2) Notwithstanding anything contained in Rule 9(3) of Order V of the Code, the process referred to in the last preceding rule shall be served through the process server of the court.


S.Rule 68 Batta to witnesses outside State

When the process issued for service to any Court outside the State is for appearance of any person as a witness, the amount of batta and travelling allowance he is entitled to shall be remitted with the process by money order, and in such cases the money order commission shall also be paid into Court by the party at whose instance the process is issued.


S.Rule 69 Summons to witnesses

(1) The party who desires the attendance of witnesses before the Court or before a Commission appointed to take evidence shall present a list in Form No. 20 of the persons whose attendance he requires, stating their full names, residence and description and also whether they are required to give evidence or to produce any document and shall specify the date, if any, and the description of the documents sufficient to identify them, and shall with such list deposit in Court the prescribed fees for service of summons and postal and money order charges if any required, and the total amount of allowance to which the said persons are entitled for travelling and attendance in Court.

(2) Where the party proposes to produce witnesses without summons he shall file a list of such witnesses in the same form with appropriate modifications.

(3) Unless otherwise ordered by the Court, the lists mentioned in sub-rules (1) and (2) shall be filed in Court and copies of the same shall als

S.Rule 70 Scale of allowances

Allowances shall be calculated according to the following scale:

Travelling Allowance

Allowance for
subsistence and
other expenses not
exceeding per diem
Class of Witness
By rail
By Public motor service
By Road
By Sea or canal
5[I Class

S.Rule 71 Service of process on Government Servant

When summons is issued to any Government servant other than the Head of an office as a witness the Court issuing the summons shall ordinarily sent it in duplicate to the Head of the Office in which such person is employed with a letter for service on the person noted in the process and such Head of the office, on receipt of such process, shall cause the summons to be served on the witness and return it to the Court under his signature.


S.Rule 72 Processes to be issued in their order

As a rule, processes must be issued for service, in the order of receipt, but preference must be given to those with emergent batta and those specially ordered by the presiding officer.


S.Rule 73 Processes to common guardian of several minors

Where more minors than one are represented by the same guardian in a proceeding, it is not necessary to issue separate processes to each minor. It is enough if one process is issued to the guardian as representing all the minors.


S.Rule 74 Processes to be dated and sealed

All processes shall be dated and sealed with the seal of the court issuing the same. They shall also specify the date for return after service.


S.Rule 75 Return of service-nature of endorsement

Except where the summons or notice is sent by registered post, the return of the serving officer shall state the manner in which the process was served, the place, date and time of service and whether he is previously acquainted with the person served and, if not, by whom such person was identified.


S.Rule 76 Return in case of refusal

If the person to be served refuses to sign the acknowledgement of service the return shall state that he was informed of the nature and contents of the process and in the case of a plaint that upon applying to the office of the Court he could obtain a copy thereof.


S.Rule 77 Service by affixture to the outer door

If a process is affixed to the outer door of a house in the absence of the person to be served, the serving officer shall, when he returns the process, make an affidavit on the following matters:

(1) the number of times and the dates and hours at which he went to the house and the attempts made by him to find the person to be served;

(2) whether he had any and what reason to suppose that such person was within the house or its neighbourhood and was endeavouring to evade service;

(3) whether any adult member of the family of the person to be served was residing with him; and

(4) the Municipal or Panchayat number of the house.


S.Rule 78 Repeated attempts to be made to effect service

When the process is returned unserved for the reason that the person to be served could not be found, further attempts should be made to effect personal service on the same batta if the hearing date is sufficiently distant.


S.Rule 79 Serving officer to affix special notice

If a summons or notice is affixed to the outer door of a house, the serving officer shall affix therewith a notice that the party can, upon application to the office of the Court, obtain a copy of the plaint and shall, in his return, state that he has done so and shall return the copy of the plaint accompanying the process to the Court.


S.Rule 80 Verification of return

(1) The return of service shall be verified by the affidavit of the serving officer and the Central or Deputy Nazir shall administer the oath to or take the affirmation of the process server.

(2) Verification of witness to the return.-- If the process server is not previously acquainted with the person to be served, he shall have him identified by the Village Officer or by some other respectable person who knows him and the return shall be supported by a verification at the foot thereof made and signed by the person making the identification. The full name and address of such person shall be set out in the verification.

(3) Illiterate or blind persons.-- When the person served is illiterate or blind his thumb impression shall be taken in acknowledgement.

(4) Discrepancy to be explained.-- When the name in the signature of the person served, differs from the name given in the process, the discrepancy must be explained in the verification of the process server.

S.Rule 81 Officer to whom processes should be transmitted for service

The proper officer to whom processes shall be transmitted for service under Order V, Rule 9 of the Code shall be:

(a) The Central Nazir in respect of all processes issued by any Court located or having jurisdiction at a station where there is a Central Nazir, for service within the jurisdiction of a Munsiff located at such a station.

(b) In all other cases the Deputy Nazir of the Court within the jurisdiction of which the process is to be served.


S.Rule 82 Presentation of memoranda for issue of processes

All memoranda for issue of processes except those in respect of emergent processes, whether money is deposited with them or not, and except those presented along with the plaint, memorandum of appeal, cross-objection or application to the chief ministerial officer, shall be presented to the Central Nazir or Deputy Nazir, who shall enter them in Register No. 36. Where money is deposited it shall be paid to the Central or Deputy Nazir who shall grant a receipt to the party. He shall maintain as many receipt books and as many registers as there are Courts whose processes are served by him.


S.Rule 83 Subsequent procedure

The application shall next be entered in Register No. 37 and forwarded to the clerk-in-charge of the records of the suit or proceeding to which the process applications relate, who shall return them with the copies of the plaints, etc., if any, to be delivered to the defendants or respondents and such records as may be necessary for the correct preparation of the processes. The process writer shall then prepare the processes in the order of receipt of applications and return the records, when no longer required, to the concerned clerk and obtain his acknowledgement.


S.Rule 84 Emergent processes

Applications for the issue of emergent processes shall be made direct to the Court concerned and after the order for issuing the process is passed by the Court, it shall be transmitted to the Nazarat for emergent execution.


S.Rule 85 Memoranda filed with plaint, etc.

Memoranda for the issue of processes presented along with the plaint, memorandum of appeal, cross-objection or application shall, after the plaint, memorandum of appeal, cross-objection or application has been admitted, be entered in Register No. 39 and transmitted to the Nazarat.


S.Rule 86 Sealing of papers in the Nazarat

All papers presented to the Central or Deputy Nazir shall, immediately on receipt, be impressed with a date stamp which shall be of a design different from that of the date stamp used by the chief ministerial officer.


S.Rule 87 Transmission of amount for service of process

The presiding officer of the Court shall send by money order the amounts relating to the service of processes received by him to the presiding officer of the Court concerned who shall hand over the same to the Central or Deputy Nazir. The Central or Deputy Nazir shall make a note of the particulars relating to the money orders in Register No. 36.


S.Rule 88 Notice regarding unexpended witness batta

A notice showing the unexpended witness batta available for refund shall be exhibited in the notice board of the Court on the first working day of every week and shall remain on the board for at least 3 days.


S.Rule 89 Intimation of receipts and disbursements in the Nazarat to the Chief Ministerial Officer

At the end of the day the Central or Deputy Nazir shall send to the chief ministerial officer the receipt books and a statement of the totals of stamps and all amounts received and of money expended during the day, in order that the necessary entries may be made in the cash book, ledger and register of documents and Court Fees.


S.Rule 90 List of processes for service in other Nazarats

The Central or Deputy Nazir of each Court shall prepare lists from his registers of all processes to be served or executed within the jurisdiction of the outlying Munsiffs and such lists shall forthwith be sent by post to the Deputy Nazirs together with all such processes.


S.Rule 91 Procedure on receipt of processes for service

On receiving any batch of processes, the Central or Deputy Nazir, as the case may be, shall give them general numbers and enter them in Register No. 36.


S.Rule 92 Distribution of processes

The Central or Deputy Nazir shall thereupon arrange for the distribution of the processes and, after the necessary entries have been made in Register No. 38, shall deliver them to the several process servers. As far as possible all processes, other than warrants of arrest, for persons residing in the same neighbourhood, shall be allotted for service to the same process server whether issued by the same or by different Courts.


S.Rule 93 List of processes executed

Every day each Central or Deputy Nazir shall prepare a list for each Court of the processes to be returned to it, giving them their original court numbers and shall transmit them with the list to the Central or Deputy Nazir who issued the processes, and the latter shall sign and return the list.


S.Rule 94 Delay in return of processes to be reported

It shall be the duty of the Central or Deputy Nazir to have the processes returned struck off in his register and to bring to the notice of the Judge concerned any unusual delay.


S.Rule 95 Nazir's register

At the close of each day, every Central and Deputy Nazir shall enter in Register No. 36 the number of processes distributed during the day and the number of process servers to whom processes were distributed.


S.Rule 96 Arrest or seizure by process server of outlying Court

(1) When any person has been arrested or movable property seized by a process server of an outlying Court under a warrant issued by a superior Court, the process server shall forthwith bring such person or property to the station of such Court and deliver him or it to the Central Nazir or Deputy Nazir, as the case may be:

Provided that this rule shall not apply to property not required to be brought to the Court.

(2) Such Central or Deputy Nazir shall immediately give the process server a receipt and send him back to his own Court, and shall produce such person or property before the Court which issued the process.

(3) When money shall have been paid upon any such process, it shall be received by the outlying Munsiff and duly transmitted by money order at the expense of the party to whom the money is payable, together with the process, to the Court concerned.


S.Rule 97 Issue of receipt by Amin or process server

An Amin or process server, receiving money or any valuable security from a judgment-debtor or purchaser in a court sale or otherwise, shall grant a receipt for the money or valuable security received, to the judgement-debtor or purchaser as in Form No.21 and shall produce the money or valuable security in Court forthwith.


S.Rule 98 Remittance of witness batta

The total amount of the batta of witnesses, etc., on all the processes issuing to a given Court on any day for service shall be remitted by money order by the Court issuing the processes to the Court to which the processes are sent for service at the same time as the processes are despatched to the latter Court. Any unspent balance in the hands of the Court serving the processes shall be returned to the Court issuing the processes by money order at intervals of a week, but it may be remitted along with the witness batta if such is being remitted at an earlier date. The presiding Judge or in the case of a District or a Sub Court, the Sheristadar, shall check and verify from week to week the issue of such money orders. The money order commission in the above cases shall be charged in the contingent bill of the Courts.


S.Rule 99 Statement of money orders issued to other Courts

On or before the 6th of every month, the Court issuing money orders under the preceding rule, shall send to each Court to which money orders have been issued in the preceding month a statement showing the number and particulars of the money orders so issued; and it shall be the duty of the presiding officer of the latter Court to see that the amounts involved have been received and accounted for.


S.Rule 100 Procedure in urgent cases

(1) The presiding officer of any Court may, for any sufficient reason, at any hour of the day, transmit a process for emergent execution within the jurisdiction of the Munsiff at the station and it shall be the duty of the Central Nazir or Deputy Nazir, as the case may be, on receiving such process signed by the Judge, to make immediate arrangements accordingly.

(2) In a case of very special urgency, the presiding Judge may deliver any such process to one of the process servers in attendance in his Court for immediate service or execution.


S.Rule 101 Deputation of special process server from headquarters

The presiding Judge of any superior Court may direct, on the application of the party, applying for any particular process which ordinarily be sent for service to an outlying Court, that it be served or executed by a special process server from headquarters:

Provided that additional charges at the rate of one rupee a day for a peon or two rupees a day for an amin for the time he is likely to be employed on such duty be paid in advance; and the Judge may, for sufficient reason, direct that such extra charge be costs of the suit or proceeding.


S.Rule 102 Second process server deputed to guard judgment-debtor

When the Court considers it advisable that a second process server should be deputed to assist the process server having the custody of the judgment-debtor, additional charges for the extra process server at the rates prescribed shall be levied in advance.


S.Rule 103 Diaries

(1) Every amin and process peon shall maintain a diary (Register No. 40). It shall be written up day by day and shall show where the amin or peon has been on each day, what work he has done and what processes he has served or failed to serve.

(2) The diary will be initialled by the Nazir whenever he issues processes and whenever the amin or peon returns to headquarters.


S.B. ISSUES


S.C. INSPECTION OF DOCUMENTS


S.D. SEARCH OF RECORDS


S.E. PRODUCTION OF DOCUMENTS


S.F. ADMISSION AND MARKING OF DOCUMENTS


S.G. RETURN OF DOCUMENTS


S.H. COPIES OF PROCEEDINGS TO BE FURNISHED BY PARTIES TO EACH OTHER


S.I. EXAMINATION OF WITNESSES


S.J. WITHDRAWAL OF SUIT OR APPEAL


S.A. COMMISSIONS


S.B. RECEIVERS


S.A. FORM AND CONTENTS


S.B. COSTS TABULATION OF COSTS


S.C. TAKING ACCOUNTS


S.D. REFERENCE TO A COMMISSIONER TO VOUCH OR TAKE ACCOUNTS


S.E. MISCELLANEOUS


S.A. MINORS AND PERSONS UNDER DISABILITY


S.B. Partnership suits


S.C. PARTITION SUITS


S.1[D. ELECTION PETITIONS FILED UNDER THE KERALA PANCHAYATH RAJ ACT, 1994


S.E. ELECTION PETITIONS FILED UNDER THE KERALA MUNICIPALITY ACT, 1994


S.A. CERTIFIED COPIES


S.B. PRINTING RULES


S.B. ARREST AND DETENTION


S.G. PAYMENT INTO AND OUT OF COURT (b) PAYMENT OUT OF COURT


S.H. DELIVERY OF SECURITIES AND OTHER VALUABLES INTO AND OUT OF COURT


S.I. GENERAL


S.A. FORM OF SURETY BOND


S.C. REFUND OF COURT FEES


S.D. OATH AGREEMENT


S.E. LAND ACQUISITION REFERENCES


S.F. RECORDS


S.G. DIARIES AND PROCEEDINGS PAPER


S.H. ACCOUNTS


S.I. LAPSED DEPOSITS


S.J. REGISTERS


S.FORM No. 1

APPENDIX - I
FORM No. 1
(Rule 11)
CAUSE-TITLE IN A SUIT OR ORIGINAL PETITION
In the Court of the .......................................... of.......................................

Original Suit No. of 19

Between

1. R.Krishanan}
2. R. Kesavan}Plaintiffs or Petitioners

And

1. M. Ebrahim}
2. M. Aboobaker} Defendants or Respondents


S.FORM No. 2

FORM No. 2
(Rule 12)
CAUSE-TITLE OF AN APPEAL
In the Court of the .............................................of ....................................

Appeal Suit No. of 19 .

Between

1. A.B. and}Plaintiffs-Appellants
2. C.D.}And

1. E.F. and}Defendants-Respondents
2. G.H}

On appeal from the Court of the ...........................of ................................

Original Suit No. of 19

Or

Original Petition No. of 19 .

Between

1. A.B. and}
2. C.D.} Plaintiffs or Petitioners

And

1. E.F. and}
2. G.H.

S.FORM No. 3

FORM No. 3
(Rule 13)
SHORT CAUSE-TITLE OF A SUIT OR ORIGINAL PETITION

In the Court of the .......................................................................

Original Suit or Petition No. of 19 .
Between


R. Kesavan and} Plaintiffs or Petitioners
five others And

T. M. Kuruvilla and} Defendants or Respondents
three others


S.FORM No. 4

FORM No. 4
(Rule 13)
SHORT CAUSE-TITLE OF AN APPEAL
In the Court of the ........................................... of ...................................

Appeal Suit No. of 19

Between

A.B. and five others Appellants
And

E.F. and seven others Respondents


S.FORM No. 5

FORM No. 5
(Rule 14)
FORMAL PARTS OF PLAINT OR ORIGINAL PETITION
(Cause-Title)
Plaint under Order VII Rule 1 C.P.C.
or petition under Section 10, Guardian and Wards Act, 1890

The above named plaintiffs (or petitioners) state as follows:--

1. John Joseph, the 1st plaintiff (or petitioner) is a land-owner, aged.............residing in
.............. in the ........... Village ........... Taluk ............. District .........State and is the son of ..........
and John Augustine, the 2nd plaintiff (or petitioner) is a dealer in grain aged ............ residing in

S.FORM No.6

FORM No. 6
(Rule 14)
FORMAL PARTS OF ORIGINAL PETITION WHEN IT IS NOT INTENDED TO SERVE ANY PERSON WITH NOTICE THEREOF

In the Court of the .............................. of ..................................................

Original Petition No. of 19

1. R. Krishnan } Petitioners
2. R. Kesavan}
Petition under Section ............. of the Indian Succession Act, 1925.
The above named petitioners state as follows:–


1. Insert as in paragraph 1 of Form No. 5

2. Set out the facts relied on in numbered paragraphs

3. Insert as in paragraph 4 of Form No. 5

4. It is not intended to serve any person with notice of this






S.FORM No.7

FORM No. 7
(Rule 16)
In the ............ Court of .................................
O.S. No. of 19
(Cause-title)
LIST OF DOCUMENTS FILED BY PLAINTIFF (DEFENDANT)
Sl. No
Date of document
By whom executed
To whom executed
Description of document
Point or point

S.FORM No.8

FORM No. 8
(Rule 19)
NOTICE OF GRANT OF LEAVE TO BE ENDORSED ON THE SUMMONS TO THE DEFENDANT

And also take notice that leave to institute the said suit in this Court was granted by the order
dated the ...................... day of ........ 19.......... and that you are at liberty to apply to this Court
to stay the said proceedings.


S.FORM No.9

FORM No. 9
(Rule 20)
APPLICATION TO SUE OR DEFEND, ON BEHALF OF NUMEROUS PARTIES
(Cause-title)

Application of the abovenamed plaintiff, under Order I, Rule 8 of the Code.

The above named plaintiffs hereby apply that they may be permitted to sue on behalf of themselves and all the other creditors of X Y late of (residence and description) deceased or, and all the others set out in the affidavit of A.B. filed herewith.

Dated day of 19 .

(Signed) R.S.
Pleader for the plaintiff


S.FORM No.10

FORM No. 10
(Rule 20)
NOTICE OF PERMISSION TO SUE ON BEHALF OF NUMEROUS PARTIES

And also take notice that by an order, dated day of 19 permission was granted to the plaintiff to sue on behalf of himself and all the other creditors of X Y late of etc. ........................ deceased (or to sue you, the abovenamed defendants, as representing all persons worshipping at the temple situate at.................).


S.FORM No.11

FORM No. 11
(Rule 26)
FORM OF DOCKET

In the Court of ..........................................................................................

Original Suit No. of 19 .

A.B. and four Plaintiffs
others

Advocate - C.D.
X.Y. and two Defendants
others
Advocate





Suit for realisation of the principal and interest due from the defendants as per the pronote
executed by them in plaintiff's favour on .................................................

Valuation ........................... Rs................................
Court Fees due ..................................
Court


S.FORM No. 12

FORM No. 12
(Rule 27)
VAKKALATH

In the Court of ...............................

Original Suit
Appeal Suit } No. of 19
Original Petition

(Cause-title)

I, ............... do hereby appoint and retain Shri ......... Advocate (Vakil) to appear for me in the above suit (Appeal or Petition) and to conduct and prosecute (or defend) the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I empower the said Pleader to appear in all miscellaneous proceedings in the above suit or matter till all decrees or orders are fully satisfied or adjusted and to produce in Court any money, documents or valuable security on


S.FORM No.13

1FORM No. 13
(Rule 39)
INTERLOCUTORY APPLICATION

In the Court of ............................. of ................
Original Suit No. of 19
Interlocutory Application No. ............................of 19......

Between

1. R. Krishnan .. Applicant 1 - 1st Plaintiff
2. R. Kesavan .. Applicant 2 - 2nd Plaintiff
And
1. N. Ibrahim .. Respondent 1 - 1st Defendant
2. M. Abu Backer .. Respondent 2 - 2nd Defendant



Note.– The rank of the applicants and the respondents in the plaint, original petition, appeal or other proceedings shall be shown in the cause-ti

S.FORM No.14

FORM No. 14
(Rule 47)
AFFIDAVIT OF SOLEMN AFFIRMATION
(Cause-title)

1[Solemnly affirmed or sworn at the office of ..........
this day of ................... by the deponent who is known to me}Signed before me
personally/by the deponent whose identity has been testified
by ........... who is personally known to me]


(Signed)

Designation

1. Amended as per Notification No.D1-38935/73 dt.8/01/1975, published in K.G. No.4 dt. 28/01/1975.


S.FORM No.15

FORM No. 15
(Rule 48)
CERTIFICATE WHEN DEPONENT IS UNACQUAINTED WITH THE LANGUAGE OF THE AFFIDAVIT OR IS BLIND OR ILLITERATE

Solemnly affirmed or sworn at the office of the .............. this the ....... day of ....19..., before me, the contents of this affidavit or solemn affirmation (and the exhibits therein referred to) having been first truly and audibly read over to the deponent in Malayalam, he being unacquainted with English (or being blind), and he appeared perfectly to understand the same, and made his mark thereto (or signed the same) in my presence.

(Signed) G.H. (Description)


S.FORM No. 16

FORM No. 16
(Rule 50)
CERTIFICATE TO BE ENDORSED ON AN EXHIBIT TO AN AFFIDAVIT
(Short Cause-title)

This is the exhibit marked “P” referred to in the affidavit of A.B. sworn (or affirmed) before me this the day of 19 .

(Signed) C.D. (Description)


S.FORM No. 17

FORM No. 17
(Rule 52)
CONCLUDING PORTION OF AFFIDAVIT
"What is stated above in paragraphs .... is true to my knowledge and what is stated in paragraphs ............ is stated on information and belief derived from records and /or obtained from ....... and I believe the same to be true."


S.FORM No.18

FORM No. 18
(Rule 57)
APPLICATION FOR TRANSFER OF A SUIT, APPEAL, ETC.
In the Court of the District Judge of ...........................................

Original Petition No. of
Between

1. A.B. and } Petitioners
2. C.D.

And

1. E.F. and } Respondents
2. G.H.





In the matter of the Original Suit No. ..................... of ............... on the file of the Court of the ...............................

Between

1. E.F. and } Plaintiffs
2. G.H.
And
1. A.B. and } Def



S.FORM No.19

S.FORM No.21

FORM No. 19
(Rule 57)
NOTICE OF APPLICATION TO TRANSFER SUIT
(Short Cause-title)

To

Take notice that on the ........... day of ....... an application was presented to this Court by the abovenamed A.B. and C.D. for the transfer of the abovementioned suit to the Court of the .......... and, that this Court has appointed the .......... day of .....for the hearing thereof, when you are at liberty to appear and oppose the same; and also take notice that the said application is supported by the affidavit of J.K. etc. and L.M. etc. and that you are at liberty to file affidavits in reply thereto and you are not required to file any petition for this purpose.

FORM No. 20
(Rule 69)
of
(Cause-title)

In the Court of

Original Suit No.

List of witnesses for the plaintiff/defendant filed by...........................................................................................
Sl. No.
Full name, residence and description
Class
Whether summoned to give evidence or to produce documents
Description of documents
FORM No. 21
(Rule 97)
RECEIPT BY AMIN OR PROCESS SERVER

In the Court of the ...................................
No. ............ of ..........

}Plaintiff
} Defendant

Received from ........... judgment-debtor/purchaser the sum of Rs .......... (or describe the valuable security) towards the above suit/matter.

Place :
Date :








Signature
Name and designation.


S.FORM No.22

FORM No. 22
(Rule 108)

In the Court of

Present

.........................................................Judge
Thursday, the 6th February, 1964
O.S. No............ of 19.....
(Cause-title)


This suit coming on this day for first hearing in the presence of .............. for the plaintiff and ..............for the defendant and the plaintiff applying that commission may issue for examination of certain witnesses (or local inspection) etc., is ordered ............. (or, this suit coming on this day for settlement of issues it is ordered that the following issues be tried).

1.

2.

3.



Judge
Date

S.FORM No. 23

FORM No. 23
(Rule 118)
CERTIFICATE WHEN DOCUMENT OR PROCEEDING IS NOT FOUND ON RECORD

In the Court of .......................................

No........ of 19.....

Certified that ................. applied for the inspection of the following documents/proceedings in the above suit/matter and that on a search being duly made, the said documents/proceedings are not found on record.

Dated..........................

Chief Ministerial Officer.

Description of Documents/Proceedings
1.
2.
3.


S.FORM No.24

FORM No. 24
(Rule 119)
LETTER OF REQUEST BY ONE COURT TO THE PRESIDING JUDGE OF ANOTHER COURT FOR THE PRODUCTION OF RECORDS
(Cause-title)

To
The Judge of the Court of .........................

Whereas upon the application of the abovenamed plaintiff/defendant appellant/respondent it has been made to appear to this Court that a perusal of the under mentioned papers now in your custody, is of material importance in the above suit/appeal/matter now before this Court and it is found that the production of the original documents is necessary for the purpose of justice you are hereby requested to cause the said paper to be produced in this Court/to transmit



S.FORM No.25

FORM No. 25
(Rule 120)
SUMMONS FOR THE PRODUCTION OF PUBLIC RECORDS
AND OTHER DOCUMENTS IN THE POSSESSION OF
A PUBLIC SERVANT OTHER THAN A COURT
(Cause-title)

To

Whereas upon the application of the abovenamed plaintiff/defendant appellant/respondent it has been made to appear to this Court that a perusal of the undermentioned papers now in your custody is of material importance in the above suit/appeal/matter now before this Court and that the production of the original documents is necessary for the purpose of justice, (or that the said applicant cannot obtain a duly authenticated copy of the same without unreasonable delay or expense)


S.FORM No. 26

FORM No. 26
(Rule 121)
LETTER OF REQUEST FOR THE PRODUCTION OF RECORDS IN
THE CUSTODY OF A HOUSE OF PARLIAMENT OR OF A
LEGISLATURE OF A STATE

From

..............................................
..............................................
...............................................

To
The Speaker of the House of the People/
The Chairman of the Council of States/
Parliament House, New Delhi/
The Speaker of the Legislative Assembly/
The President of the Legislative Council of ..............................................




(Cause-title)

Sir,

(Where m


S.FORM No.27

ANNEXURE
FORM No. 27
(Rule 140)
CERTIFICATE OF DISCHARGE

Certified that ............ appeared before this Court as a witness in O.S. ................ of 19......., on behalf of the plaintiff/petitioner/defendant/respondent on ............. and that he was relieved at ..................... the same/last day. He was paid/not paid any T.A. of Rs........................and the batta Rs. ............ was/was not credited to Government.

Dated. ................

Court..................

(Signed)

Chief Ministerial Officer.


S.FORM No. 27A

1[Form No. 27A
(Rule 145)
DEPOSITION OF WITNESSES

In the Court of ........................................................
O. S. No. .............. of 20............

Small Cause

Deposition of witness No. ........ for plaintiff/defendant.

Date of commencement of examination :

Name of the witness :

Sex :

Name of Father/Mother/Husband/Guardian :

Age of witness :

Occupation :

Religion :

House No. or name :

Village :

Taluk :

Name of the officer adminis






















S.FORM No. 28

FORM No. 28
(Rule 149)
ORDER FOR WITHDRAWAL OF A SUIT OR APPEAL
(Cause-title)

The suit coming on ....... this day for hearing in the presence of etc., and the plaintiff by his pleader applying for leave to withdraw the suit and for liberty to bring a fresh suit, it is ordered as follows:–

1. That upon payment by the plaintiff to the defendant on or before the day of ............. of the sum of Rs.......... for his costs of the suit and /or appeal, the plaintiff do have leave to withdraw this suit and be at liberty to bring a fresh suit on the same cause of action.

2. That in default of payment as aforesaid, within the said period the suit s




S.FORM No. 29

FORM No. 29
(Rule 181)
HEADING OF JUDGMENT
In the Court of the District Judge ........................................

Present

Shri. ..........................................District Judge

Monday the Third day of January 19....

Original Suit No................... of 19.....

Appeal Suit No..................... of 19.......

Original Petition No..................of 19......

(Cause-title)

This suit (or appeal or petition) coming on for final hearing on the 18th, 19th and 20th of December 19........... in the presence of Shri.......














S.FORM No.30

FORM No. 30
(Rule 182)
DECREE UNDER ORDER XXI, RULE 11(i) OF THE CODE
(Cause-title)

This suit coming on this day for final disposal before me in the presence of........ for the plaintiff and ................... for the defendant, it is ordered as follows:--

1. That C. D. the defendant do pay to A.B. the plaintiff the sum of Rs.................and also the sum of Rs.................. for the costs of the suit together with interest on Rs.............at the rate of................ per cent per annum from this day until payment thereof.

2. That, if the said sums are not paid, a warrant do issue for the arrest of the said C.D.

3.






S.FORM No. 31

FORM No. 31
(Rule 188)
ORDER SETTING ASIDE AN EX-PARTE DECREE UNDER WHICH MONEYS HAVE BEEN RECOVERED
(Cause-title)

Upon reading the petition of the abovenamed defendant presented to this Court on
the ............ day of ................ praying that the decree herein dated................. day of ...............
may be set aside and upon hearing Shri....................... Advocate for the defendant and
Shri...................... Advocate for the Plaintiff, it is ordered as follows:--

1. That the said decree be set aside, and this suit be posted for final hearing before this
Court on the .............. day of .........






S.FORM No.32

FORM No. 32
(Rule 188)
DECREE DISMISSING SUIT AFTER ORDER IN FORM No. 31
(Cause-title)

It is decreed that this suit be dismissed and that the sum of Rs.................. A, now in Court be paid to the defendant, and it is further decreed that the plaintiff do pay to the defendant the sum of Rs............... Y, (being interest at the rate of........... per cent, per annum on the said principal sum of Rs............... A, from the day of.......... (date of payment by defendant) to this day and also the sum of Rs.............. Z, for his costs of this suit and of the order herein dated the ....................... day of....................


S.FORM No.33

FORM No. 33
(Rule 189)
DECREE REVERSING THE DECREE OF A LOWER COURT UNDER WHICH MONEYS HAVE BEEN RECOVERED
(Cause-title)

And it appearing that on the .......... day of............... the plaintiff in the above suit recovered from the defendant, under the said decree, the sum of Rs..... X, it is decreed as follows:--

1. That the said decree be reversed, and the said suit dismissed.

2. That A, B. the plaintiff, do pay to C.D. the defendant the said sum of Rs.......... X and the sum of Rs.......... Y (being interest thereon at the rate of ........... per cent per annum from the said................ day of .............. to this day) and also the sum




S.FORM No.34

FORM No. 34
(Rule 189)
DECREE REVERSING THE DECREE OF A LOWER COURT, WHERE POSSESSION HAS BEEN GIVEN THEREUNDER
(Cause-title)

And it appearing that on the ............... day of......... the plaintiff, in the above suit obtained possession of the immovable property specified in the schedule hereto, under the said decree and that he has since that day been in receipt of the rents and profits thereof, it is decreed as follows:–

1. That the said decree be reversed and the said suit dismissed.

2. That A.B. the plaintiff do forthwith deliver possession of the said property to C. D., the defendant and do also pay the said defendant the mesne profits of the sai




S.FORM No.35

FORM No. 35
(Rule 196)
STATEMENT OF COSTS AND CERTIFICATE OF RECEIPT OF PLEADER'S FEE
(Cause-title)
Statement of costs filed on behalf of......................

Serial

Number

Particulars

Amount

claimed

Amount allowed by Court

Remarks

Rs. P.

Rs. P.

(1)

(2)

(3)

(4)

(5)

1

S.FORM No. 36

FORM No. 36
(Rule 197)
SETTING OFF COSTS

And it is declared that the plaintiff is entitled to the sum of Rs........ for his costs of the suit and the defendant is entitled to the sum of Rs................. for his costs of the set off claimed by him in his written statement dated the ............ day of .......... (or for the commission to take evidence herein, dated the......... day of ........ or as the case may be) and it is ordered that the said costs be set off against one another, and that the plaintiff (or defendant) do pay the defendant

(or plaintiff) the sum of Rs.......... being the balance of the said costs.


S.FORM No. 37

FORM No. 37
(Rule 199)
PRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF A PARTNERSHIP
(Cause-title)

This suit coming on this day for final disposal in the presence of etc., it is declared as follows:–

1. A partnership existed between the plaintiff and the first and second defendants in the business of ........ as from the ........... day of...... to the .........day of ......... and they were interested in the assets and profits and liable for the losses of the same in the proportion of one-sixths to the plaintiff, two-sixths to the 1st defendant, and the remaining three-sixths to the 2nd defendant.

2. The accounts




S.FORM No. 38

FORM No. 38
(Rule 202)
STATEMENT OF OBJECTIONS AND SURCHARGE AGAINST AN ACCOUNTING PARTY
(Cause-title)

Statement of objection (and surcharge) of the abovenamed plaintiff against the abovenamed A.B. the 1st defendant under the account directed by the interim decree in the above suit dated the.......... day of..........

The plaintiff objects to the payment of A.B. 1st defendant hereinafter particularised, included in his statement of account marked S, filed in Court on the day of......... (or to the payment by, and allowances to A.B. 1st defendant, hereinafter particularised which C.D. the commissioner appointed credited an


S.FORM No.39

FORM No. 39
(Rule 207)
PRELIMINARY DECREE APPOINTING A COMMISSION TO VOUCH ACCOUNTS

This suit coming on this day for final disposal in the presence of...............etc; it is declared
as follows:--

1. A partnership existed between the plaintiff and the first and second defendants in the business of.......... as from the .......... day of........ to the .......... day of....... and they were interested in the assets and profits and liable for the losses of the same in the proportion of one-sixth to the plaintiff; two-sixths to the 1st defendant, and the remaining three-sixths to the 2nd defendant.

2. The accounts of the partnership have been regularly and properly kept, a





S.FORM No. 40

FORM No. 40
(Rule 209)
REPORT OF COMMISSIONER APPOINTED TO TAKE PARTNERSHIP ACCOUNTS
(Cause-title)

Report of E.F. the commissioner appointed by the preliminary decree herein dated the ................ day of .......

1. In pursuance of the said decree I have examined the books and papers of the partnership therein mentioned and taken the accounts thereby directed. A copy of my proceedings is annexed hereto and Appendix I thereto sets out the names of the witnesses examined and Appendix II the documents proved before me.

2. The credits, property and effects of the said partnership consists of the particulars specified in Schedule I here

S.FORM No. 41

FORM No. 41
(Rule 218 and 220)
PRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF A PARTNERSHIP
(Cause-title)
This suit coming on this day for final disposal in the presence of .......etc., it is declared as follows:--

1. A partnership existed between the plaintiff and first and second defendants in the business of .............. as from the ..........day of ........ to the ......... day of ....... and they were interested in the assets and profits and liable for the losses of the same in the proportion of one-sixth to the plaintiff, two-sixths to the 1st defendant, and the remaining three-sixths to the 2nd defendant.

2. The accounts of the


S.FORM No. 42

FORM No. 42
(Rule 220)
INTERIM DECREE IN A SUIT FOR DISSOLUTION OF A PARTNERSHIP, TO WHICH PERSONS ENTITLED TO A SHARE OF NET PROFITS ARE MADE PARTIES

This suit coming on this day, etc.

It is declared as follows:-

1. A partnership existed between the plaintiff and the first and second defendants in the business of ...... as from the ....... day of ...... to the ....... day of.......

2. The third and fourth defendants were not partners in the said business but were entitled as remuneration for services to share in the net profits thereof in the proportion of one-sixteenth to the third defendant from the ......... day of........ and two-sixteenths to the fourth defendant






S.FORM No. 43

FORM No. 43
(Rule 224)
FINAL DECREE FOR DISTRIBUTION OF ASSETS
(Cause-title)

This suit coming on this day for further consideration in the presence of etc, and it appearing that the payments directed by the order herein dated the ..... day of ........ have been duly made by the first defendant, it is by consent decreed that the plaintiff and the first and second defendants do respectively retain the assets of the partnership in their hands in full satisfaction of their several shares and interests of and in the said partnership and do execute and make all such transfers, endorsements, and delivery of such assets, and any securities therefor as may be necessary to carry out this d

S.FORM No. 44

FORM No. 44
(Rules 224 and 225)

DECREE UPON TAKING OF ACCOUNTS WHEN THE FIRM IS SOLVENT AND
ASSETS ARE TO BE DISTRIBUTED
(Cause-title)

The suit coming on this day, etc.

And it appearing that the debts and liabilities of the partnership have been duly paid and discharged by E.F. the receiver herein who has duly got passed his accounts before this Court and that nothing now remains due from him, it is ordered and decreed as follows:

1. That the said receiver be discharged and the bond dated the ........ day of.......entered into by him and P and Q his sureties be cancelled.

2. That the costs






S.FORM No. 45

FORM No. 45
(Rule 224)
FINAL DECREE-DISTRIBUTION OF ASSETS AFTER PAYMENT OF
DEBTS AND LIABILITIES AMONG THE SEVERAL PARTNERS
WHO HOLD THE SAME IN VARIOUS PROPORTIONS
The suit coming on this day’ etc.

And it appearing that the debts and liabilities of the partnership have been duly paid and discharged by E.F. the receiver herein who has duly got passed his accounts before this Court and that nothing now remains due from him, it is ordered and decreed as follows:–

1. That the said receiver be discharged and the bond dated the ......... day of....... entered into by him and P and Q his sureties be cancelled.

2. That the costs of all the part




S.FORM No. 46

FORM No. 46
(Rule 229)
PARTITION SUIT-PLAINT
(Cause-title)
PLAINT

The abovenamed plaintiff states as follows: --

1. Govindan Kesavan, the 1st plaintiff (or petitioner), is a land-owner aged .............. residing in ............................ in the ..........................................Village ............ ............................. Taluk .................................... District ................ State and is the son of .............. and Krishnan Gopalan, the 2nd plaintiff (or Petitioner) is a dealer in grain; aged ....................................... residing in ...................


S.FORM No. 47


FORM No. 47
(Rule 239)
Before the Court of ..........................................................................................
A.B. .................................................................................................. Plaintiff
C.D. ................................................................................................... Defendant
APPLICATION FOR CERTIFIED COPIES
It is requested that certified copies of the documents hereunder mentioned may be furnished
to A.B. abovenamed.
Sl. No.
Date of document

S.FORM No. 48

FORM No. 48
(Rule 256)

REGISTER OF JUDGMENTS AND ORDERS OF THE COURT OF RECEIVED AND PRINTED IN THE PRESS AT DURING THE YEAR 19.....
Serial Number in the register Date of receipt of copy of the judgment or
order in the press from the Court
 Name of the Court transmitting the copy of the
judgment or order		 Number of year and nature of the suit or proceeding Name and description of the person required
to deposit the charges of printing etc., and his
position in the suit or proceeding		 Num

S.FORM No. 49

FORM No. 49
(Rule 265)
RECEIPT FOR PRINTING CHARGE
ORIGINAL
DUPLICATE
TRIPLICATE
No.
Received the sum of Rs........................
P...........................................................
from Shri............................................
in................................ No..........................
on the file of the ......................................
............ .....................................................

S.FORM No. 50

FORM No. 50
(Rule 273)
APPLICATION FOR TRANSMISSION OF DECREE
(Cause-title)
Execution Petition No.

The abovenamed plaintiff states as follows:

[Set out the particulars required by Order XXI, R.11 (2) of the Code paragraphs (a) to (i)
inclusive.]

The defendant is a resident of ......................... within the local limits of the jurisdiction of the Court of the District Munsiff of........................................................... and has immovable property situate therein. He has no property movable or immovable within the local limits of the jurisdiction of this C

S.FORM No. 51

FORM No. 51
(Rule 278)
EXECUTION PETITION
(Cause-title)
Execution Petition No.
1. Number of Suit O.S. No. 1 of 1960
2. Names of plaintiffs 1
2
3
3. Names of defendants 1
2
3
4. Date of Decree  
5 to 11 [Set out the other particulars required by Order XXI, R. 11(2) Clauses (d) to (i) of the Code].
12. Relief prayed:

The plaintiff prays that:

S.FORM No. 52

FORM No. 52
(Rule 318)
ORDER OF ATTACHMENT OF A DECREE WHEN BOTH DECREES ARE IN THE SAME COURT
(Cause title)

It is ordered that A.B. the plaintiff shall be at liberty at any time before the ............. day of ........... to apply to this Court for execution of the decree of this Court dated the ..... day of ........... and made in Original Suit No. ........ of ............., wherein C.D. the abovenamed defendant, was plaintiff, and E.F. was defendant; and that any moneys realised in execution shall be applied in satisfaction of the decree made in this suit and dated the ................ day of ............ 19 ........

Dated .....................


S.FORM No. 53

FORM No. 53
(Rule 318)
ATTACHMENTS OF DECREE OF ANOTHER COURT
(Cause-title)

To
The Judge of the Court of

Sir,

The plaintiff having applied under Order XXI, R.53 of the Code of Civil Procedure for the attachment of a decree of your Court, dated the .................... day of .............. and made in Original Suit No. .............. of ......... wherein the abovenamed C.D. was plaintiff and E.F. was defendant; I request that you will abstain from executing the said decree until this notice is cancelled by this Court.

L.S.

Yours faithfully,
(Signed)
Judge.


S.FORM No. 54

FORM No. 54
(Rule 318)
NOTICE PERMITTING EXECUTION OF ATTACHED DECREE
(Cause-title)

To
The Judge of the Court of

Sir,

The plaintiff having applied under Sections 38, 39, 41 and Order XXI Rules 4 and 5 of the Code of Civil Procedure for the transmission of the decree in the above suit dated the ...... day of ....... to your Court for execution and being desirous of applying to your Court for execution of the decree of your Court dated the .......... day of ........ and made in Original Suit No. ......... of.......... I enclose herewith the documents noted below and hereby cancel the notice dated the .......... day of ......., reques

S.FORM No. 55

FORM No. 55
(Rule 324)
CLAIM TO ATTACHED PROPERTY
(Cause-title)
Execution Petition No.
Execution Application No.

Claim of E.F. under Order XXI, R.58 of the Code of Civil Procedure.

The abovenamed E.F. states as follows:

1. Your petitioner is a land-owner, and resides at ............. and his address for service for all notices and process is .............

2. On the day of ........ the property set forth in the schedule hereto was attached by the officer of this Court, under an order made in the above suit and dated the ........... day of............

S.FORM No. 56

FORM No. 56
(Rule 329)
APPLICATION FOR SALE OF ATTACHED (IMMOVABLE) PROPERTY
(Cause-title)
Execution Petition No.
Execution Application No.

A.B., the abovenamed plaintiff, applies under Order XXI, R.66 of the Code of Civil Procedure as follows:--

1. That the (immovable) property described in the schedule to the above execution petition, and attached by the officer of this Court on the ..... day of ........ may be sold by this Court (or by G.H. of address and description) at (insert place of sale), by public auction.

2. That the proclamation of sale herew

S.FORM No. 57

FORM No. 57
(Rule 329)
PROCLAMATION OF SALE OF MOVABLE PROPERTY

In the Court of the District Munsiff of
Original Suit No............of......................../ Execution Petition No.......................of..............

Between

1. A.B. and

2. C.D.

} Plaintiffs

And

1. E.F. and

2. G.H.

 } Defendants
PROCLAMATION OF SALE

Whereas by a decree made in the above su

S.FORM No. 58

FORM No. 58
(Rule 329)
PROCLAMATION OF SALE OF IMMOVABLE PROPERTY
(Cause-title)
PROCLAMATION OF SALE

Whereas by a decree made in the above suit and dated the ..............day of................. the abovenamed defendants were ordered to pay to the abovenamed plaintiff the sum of Rs.............. and Rs............ for costs of suit, making in all the sum of Rs........, together with interest on Rs............ at the rate of ......... per cent per annum from the said day until realisation and by an order for sale dated the ........... day of ........... the immovable property described in the schedule hereto was or

S.FORM No. 59

FORM No. 59
(Rule 330)
AFFIDAVIT VERIFYING A PROCLAMATION OF SALE
(Cause-title and formal parts as in Form No. 14)

1. (State the qualifications of the deponent, as thus), I have for............. years last past carried on the business of an auctioneer at........... and have had considerable experience in selling land and house property (or, in the case of movable property state the nature of the property to be sold) ....... (or I have for....... years last past resided and I own land in the ........ District and I am well acquainted with the value of land and houses therein and the best mode of selling the same).

S.FORM No. 60

FORM No. 60
(Rule 343)
REPORT OF PERSON APPOINTED TO CONDUCT THE SALE
(Cause-title)
I, A.B. of (address and description), do solemnly and sincerely affirm as follows:–

1. On the ............. day of........ I received from the Court the order for sale made in the above suit and dated the ............ day of ........... and a copy of the proclamation of sale.

2. I caused the proclamation of sale to be published on the days and in the manner following:--
Day of Publication Manner of Publication
1. 1st March 1960 1. Fix

S.FORM No. 61

FORM No. 61
(Rule 350)
NOTICE UNDER ORDER XXI, RULE 34(2) OF
THE CODE OF CIVIL PROCEDURE
(Cause-title)

To
(Residence and description)

Take notice that on the ...... day of ...... the abovenamed plaintiff presented an application to this Court that the Court may execute on your behalf a deed of assignment whereof a draft is hereunto annexed of the immovable property specified hereunder and that the ........ day of...... is appointed for the hearing of the said application; and that you are at liberty to appear on the said day in person or by pleader and to state any objection thereto of which you have given not less than three days notice in wri

S.FORM No. 62

FORM No. 62
(Rule 351)
CONCLUDING PORTION OF A DEED EXECUTED BY THE JUDGE

In witness whereof C.D. the Judge of the Court of the Munsiff of ........ on behalf of the abovenamed A.B. and in pursuance of the decree dated the ..........day of...... and made in a suit in the said Court, numbered ............. of........., wherein the abovenamed E.F. was plaintiff and the said A.B. was the defendant, has set his hand and the seal of the said Court this ...... day of.............

L.S.

(Signed) A.B.
by C.D.
Judge.


S.FORM No. 63

FORM No. 63
(Rule 351)
ENDORSEMENT OF A NEGOTIABLE INSTRUMENT BY THE JUDGE
(Cause-title)

Pay E.F. or order

(Signed) A.B.
by C.D.
Judge of the said Court.


S.FORM No. 64


FORM No. 64
(Rule 355)
LODGMENT SCHEDULE
(Cause-title)
Schedule of lodgment to be made to the credit of the above suit (or appeal or matter) (to the account of A.B., the plaintiff) under the decree or order dated the day of ...................
Particulars of funds to be lodged Persons to make the lodgment

Amount

Cash

Rs. P.

Securities

Rs.
1. Cash in satisfaction of the said decree

S.FORM No. 65

FORM No. 65
(Rule 355)
ORDER FOR LODGMENT

No.

ORDER FOR

Lodgment in Treasury/State Bank of ..........
In the Court of.................
To
Officer-in-Charge of the
The .................................................
Agent, State Bank of..................Treasury
at...................
Receive Rs.....................P.......................
(in words Rupees............P..................only)
from ........................to the account of
No. of.....
on the file of this Court.
Dated the........day


S.FORM No. 66

FORM No. 66
(Rule 361)
PAYMENT SCHEDULE
(Cause-title)
This schedule of payment to be made out of Court of moneys standing to the credit of
the above suit (or appeal or matter) under decrees or order dated the .......... day of........
Particulars of payments
to be made		 Name and position of
the payee in the case

Amount

Rs. P.

 

 

It is requested that an order for payment may be issued.

Dated

<

S.FORM No. 67

FORM No. 67
(Rule 361)
RECEIPT TAKEN FROM PARTIES FOR PAYMENT OF C.C. DEPOSITS

Received from the Court of the

District Judge
Munsiff

Cheque No................. of 19....... for Rs..................P.............. being ..................... ............................ due to me as................................. in................................... .............................of.......................... ............. on the file of............................. ......................................................

Signature of the Payee

Cheque No............................ issued.


(Initialled)

S.FORM No. 68

FORM No. 68
(Rule 361)
ORDER FOR PAYMENT

Under Rs.................

 

No.
In the Court of ...............

To
The Officer-in-charge of the Treasury at
Pay

Rs.................................to........................of .............
(address and description) on account of

No......................of
..................... on the file of this Court and of ....................No
................... of Treasury Register of receipts.........................or

Civil Courts Deposits.................................

S.FORM No. 69

FORM No. 69
(Rule 367)
PAYMENT INTO COURT OF CASH DEPOSIT
(Cause-title)

Nature of process to be issued or purpose for which money is deposited and order, if any under which the deposit is made

Name and description of persons on whom or on whose property the process is to be executed

Village, Taluk and Munsiffs, where process is to be executed

Distance in Kilometres from the Court house

Travelling allowance to and from the Court house

S.FORM No. 70

*FORM No. 70
(Rule 373)
REFUND FORM

No.

Order for refund of Court fees
on...................................Treasury.

No.

Order for refund of Court fees
on................................Treasury.
No. of cases Amount originally realised Name & address of Payee Amount ordered to be refunded Reasons for refund Amount Deducted Net amount r

S.FORM No. 71

FORM No. 71
(Rule 374)
INTIMATION OF REFUND
To
The Treasury Officer,
............................

Sir,

I have today issued Refund Bill No. ........................................... in O.S./A.S.
.............................of................ on the file of this Court in favour of Shri................Advocate
for......................... for Rs................................../ (Rupees....................only)
Court,............................... Judge
...............................


S.FORM No. 72

FORM No. 72
(Rule 383)
B. DIARY IN ORIGINAL SUITS
ADJOURNMENTS
For Plaintiff For Defendant For Court
No. of petition Date to which adjourned
or otherwise
 No. of petition Date to which adjourned
or otherwise		 Date and reasons

IN THE COURT OF .............................................................
...............................................................................................
Original Suit No. of 19 ....................................................

S.FORM No. 73

FORM No. 73
(Rule 383)
B. DIARY IN APPEALS
ADJOURNMENTS
For Appellant For Respondent For Court  
No. of petitions Date to which adjourned No. of petitions Date to which
adjourned
 Date and reasons IN THE COURT OF...........................................
............................................................................
Regular Appeal No. .......... of 19.........................
A.B. (Defendant) – Appellant

S.FORM No. 74

FORM No. 74
(Rule 383)
B. DIARY IN MISCELLANEOUS CASES
In the Court of the ...................................................
...............No...................................of 19........

A.B. Petitioner

C.D. Respondent

Petition presented

Petition filed

Date of Notice

When served

Final hearing
Order...........
Note.-- The particulars entered in this form are not exhaustive and are shown merely as
illustrative of the information to be given therein.


S.FORM No. 75

FORM No. 75
(Rule 383)
B. DIARY IN EXECUTION PETITIONS

In the Court of the.....................
Suit No.......................of 19........
Appeal No...................of 19.......
Plaintiff

on the file of the Defendants

Date of final decree
Relief given by decree
No. of Execution Petition Date of each step Particulars of relief asked for
and steps taken (including
interlocutory proceedings)

 

Note.-- The particulars entered in this form are not exhaustive and a

S.FORM No. 76

FORM No. 76
(Rule 384)
PROCEEDINGS PAPER
In the Court of ............................................................................
Original-Small Cause .................................................... Suit No................ of ..................
........................................ Plaintiff
............................................................. Defendant
Note below in the handwriting of the Judge the proceedings of the case (from the first hearing till disposal). The entries in this column are to be made by the Clerk.
  Plaint presented..........

S.CIVIL REGISTER No. 1

APPENDIX II
CIVIL REGISTER No. 1
Register of Original Suits Instituted

Court:
Year:

1. Original Suit No. of 19

2. Date of { Presentation
{ Filing

3. Plaintiff – Name, age, description and place of abode

4. Defendant – Name, age, description and place of abode

5. Particulars of claim – Claim for cause of action arose at on

6. Date for Defendant's first appearance

Pleader for { Plaintiff
{ Defendant

7. Date of judgment and result

8. Number of application for review (or re-hearing) with result and date
Fresh judgment, if any, w

S.CIVIL REGISTER No. 2

CIVIL REGISTER No. 2
Register of Original Petitions Received

Court:
Year:

1. Original Petition No. of 19

2. Date of { Presentation

{ Filing

3. Petitioner–Name, description and place of abode.

4. Respondent–Name, description and place of abode.

5. Purport of case and section of law.

6. Date for Respondent's first appearance.

Pleader for { Petitioner

{ Respondent

7. Final order, date and result.

8. Number of application for review (or re-hearing) with result and date.

Fresh order, if any, with date.

9. Appeal No. of 19 result with date :

Revision N

S.CIVIL REGISTER No. 3

CIVIL REGISTER No. 3
Register of Small Cause Suits Instituted

Court:
Year:

1. Small Cause Suit No. of 19

2. Date of } Presentation

} Filing

3. Plaintiff–Name, description and place of abode

4. Defendant–Name, description and place of abode

5. Particulars of claim–Claim for Cause of action arose at on

6. Date for Defendant's first appearance

Pleader for } Plaintiff

Defendant

7. Judgment–Date and result

8. Number of application for review (or re-hearing) with result and date. Fresh judgment,
if any, with date

9. Revision No. 19 with result and date

10. Note of proceedings, if any, taken under Orde

S.CIVIL REGISTER No. 4

CIVIL REGISTER No. 4
Register of Appeals Received

Court:
Year:

1. Appeal No. of 19

2. Date of { Presentation

{ Filing

3. Appellant–Name, description and place of abode.

4. Respondent–Name, description and place of abode.

5. Particulars of suit and decree appealed against–Decree of the Court of

dated 19 in
Original Suit No. of 19
Particulars of relief. Value of relief

_______________________________________________
Claimed Decreed Appealed against
Rs. P . Rs. P. Rs. P.

6. Hearing, if any, under Order XLI, Rule 11, C.P.C. and result with date

7. Date for Respondent's first

S.CIVIL REGISTER No. 5

CIVIL REGISTER No. 5
Register of miscellaneous appeals received

Court:
Year:

1. Miscellaneous Appeal No. of 19

2. Date of { Presentation

{ Filing

3. Appellant–Name, description and place of abode

4. Respondent–Name, description and place of abode

5. Particulars of order appealed against --

Order of the Court of dated 19 passed on IA

No. of 19............in

Original Suit No. of 19
Appeal under of

6. Hearing, if any, under Order XLI, Rule 11, C.P.C. and result with date

7. Date for Respondent's first appearance

Pleader for { Appellant

{Respondent

8. Judgment–Result and date


S.CIVIL REGISTER No. 6

CIVIL REGISTER No. 6
Register of civil miscellaneous cases received
Court:
Year:

Number of miscellaneous case

Date of presentation

Date for respondent's first appearance

Name of petitioner and of his pleader, if any

Name of respondent and of his pleader, if any

Purport of case and provision of law

Final order with date

Number of appeal with result and date

CIVIL REGISTER No. 7
Register of insolvency petitions received
Court:
Year:

1. Insolvency Petition No. of 19

2. Date of presentation

3. Date of filing

4. Date of transfer

5. No. and date of application under Section 7 with result and date

6. Name and description of petitioner and name of his pleader

7. Name and description of opposite party and parties interested in the proceedings and
names of their pleaders

8. Particulars of circumstances under which the petition is presented:

(1) Number of connected suit, petition, if any

(2) Total ext

S.CIVIL REGISTER No. 8

CIVIL REGISTER No. 8
Register of Land Acquisition Cases filed
Court:
Year:

1. L.A. Case No. of 19

2. Date of { Receipt

{Filing

3. No. and date of letter of reference

4. Designation of the officer making the reference

5. Name of the claimant

6. Section under which the reference is made

7. Parties–Name, description and place of abode with rank in the proceedings

8. Particulars of claim

9. Names of pleaders

10. Date of judgment and result.

11. Execution:

Number of execution petition as

S.CIVIL REGISTER No. 9


CIVIL REGISTER No. 9
Register of interlocutory applications
No. of Application Date of presentation No. of main matter Name of Petitioner Prayer First Order with date Final Order with date No. of appeal, if any Remarks
1
2
3
4
5
6
7
8
9

S.CIVIL REGISTER No. 10

CIVIL REGISTER No. 10
Register of execution petitions received
Court:
Year:

No. of execution petition

Date of presentation

No. and year of

Name of decree-holder and of his pleader

Name of Judgment-debtor and of his pleader

Items of decree or order to be executed

Date of any proceedings from which time runs for this application

Mode of assistance and provision of law prescribing it

Order with reasons for closing o

S.CIVIL REGISTER No. 11

CIVIL REGISTER No. 11
Register of execution applications

No. of application

Date of presentation

No. of main E.P. and matter

Name of petitioner

Prayer

First order with date

Final order with date

No. of appeal if any

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

S.CIVIL REGISTER No. 11A

*[CIVIL REGISTER No. 11A
Register of Panchayat Election Petitions
Court:
Year :

1. Election Petition No.

2. Date of Presentation

3. Date of Presentation (after curing defects, if any)

4. Name of Petitioner :

(a) Age :
(b) Sex :
(c) Address :

5. Name of Respondent :

(a) Age :
(b) Sex :
(c) Address :

6. Nature of Election Petition :

7. Date of Respondents’ first appearance :

8. Counsel for,

(a) Petitioner :
(b) Respondents :




S.CIVIL REGISTER No. 11B

*CIVIL REGISTER No. 11B
Register of Interlocutory Applications (Panchayat Election Petitions)
1. Court

2. No. of main Election Petition

3. No. of Interlocutory Application with date

4. Name of Petitioner

5. Name of Respondent

6. Relief sought for

7. Interim order if any, with date

8. Final order in the I.A. with date

:

:

:

:

:

:

:

:
Instructions
1. The name of all the parties to the

S.CIVIL REGISTER No. 11C

*[CIVIL REGISTER No. 11C
Register of Municipal Election Petitions
Court:
Year:
1. Election Petition No. :

2. Date of Presentation :

3. Date of Presentation (after curing defects, if any) :

4. Name of Petitioner :

(a) Age :
(b) Sex :
(c) Address :

5. Name of Respondent :

(a) Age :
(b) Sex :
(c) Address :

6. Nature of Election Petition :

7. Date of Respondents’ first appearance :

8. Counsel for,

(a) Petitioner :
(b) Respondent :

9. Final order in the Election petitio

S.CIVIL REGISTER NO. 11D

*[CIVIL REGISTER NO. 11D
Register of Interlocutory Applications (Municipal Election Petitions)
1. Court :

2. No. of main Election Petition :

3. No. of Interlocutory Application with date :

4. Name of Petitioner :

5. Name of Respondent :

6. Relief sought for :

7. Interim order, if any, with date :

8. Final order in the I. A. with date :

9.
Instructions
1. The name of all the parties to the Interlocutory Application should be entered under
item Nos. 4 and 5 above.

2. If the space in the Register is not su

S.CIVIL REGISTER No. 13

CIVIL REGISTER No. 13
Register of small cause suits disposed of
Court :
Year :

Serial number

Number of the suit disposed of

Date of institution or of receipt on order of transfer

Date of disposal

Transferred to another Court

Dis

posed of

Actual number of days intervening between institution or other receipt and disposal

Amount decreed

Remarks

Without trial

S.CIVIL REGISTER No. 14

CIVIL REGISTER No. 14
Register of original petitions disposed of
Court :
Year :
<

Serial number

Number of the original petition disposed of

Date of institution or of receipt on order of transfer

Date of disposal

Transferred to another Court

Disposed of

Without trial

Ex-parte

On admission of claim

Compromised

On reference to arbitration

After full trial

S.CIVIL REGISTER No. 15

CIVIL REGISTER No. 15
Register of appeals disposed of
Court :
Year :

Serial number

No. and year of the appeal disposed of

Date of institution or of receipt on order of transfer

Date of disposal

Transferred to another Court

 

Rejected under = O. XLI, R. 11

O. XLI, R. 18

Disposed of

Actual number of days intervening between institution and decree

Objections under O. XLI, R. 22

Name and desi

S.CIVIL REGISTER No. 16

CIVIL REGISTER No. 16
Register of miscellaneous appeals disposed of
Court :
Year :

Serial number

No. and year of the miscellaneous appeal disposed of

Date of institution or of receipt in order of transfer

Date of disposal

Transferred to another Court

Rejected under

O. XLI, R. 11

O. XLI, R. 18

Dismissed for default or otherwise not prosecuted

Disposed of

Actual number of days intervening between

institution and d

S.CIVIL REGISTER No. 17

CIVIL REGISTER No. 17
Register of miscellaneous cases disposed of
Court :
Year :

Serial number

Number of the case disposed of

Date of institution or of receipt on transfer

Date of disposal

Transferred to another Court

Disposed of

Actual number of days intervening between institution or other receipt and disposal

Remarks

Without trial
CIVIL REGISTER No. 18
Register of insolvency petitions disposed of
Court :
Year :

Serial number

Number of the insolvency petition disposed of

Number of connected suit or petition, if any

Date of receipt on the file by institution transfer or otherwise

Date of appointment of interim receiver, if any

Date of disposal

How

Transferred withdrawn, or not prosecuted

Scheme of composition approved under S

S.CIVIL REGISTER No. 19

CIVIL REGISTER No. 19
Register of L.A. cases disposed of
Court :
Year :

Serial number

Number of the case disposed of

Date of institution or of receipt on transfer

Date of disposal

Transferred to another Court

Disposed of

Actual number of days intervening between institution or other receipt and disposal

Remarks

With

S.CIVIL REGISTER No. 20

CIVIL REGISTER No. 20
Register of execution petitions disposed of

Court :

Year:

Serial number

Number of the execution petition disposed of

Number of connected case

Date of institution of receipt on transfer

Date when proceedings were finally closed

Withdrawn, rejected or not prosecuted

Transferred

Application on which proceedings were finally closed

Amount

S.CIVIL REGISTER No. 20A


1[CIVIL REGISTER No. 20A
Register of Panchayath Election Petitions Disposed of
1. Serial Number :
2. Number of the Election Petition disposed of :
3. Date of institution or of receipt on order of transfer :
4. Date of Disposal :
5. If transferred to another Court :
6. Whether the Election Petition was contested or not :
7. If decreed exparte, date :
8. Date of setting aside exparte order :
9. Final Order for the Petitioner :

S.CIVIL REGISTER No. 20B


1[CIVIL REGISTER No. 20B
Register of Municipal Election Petitions Disposed of
1. Serial Number :
2. Number of the Election Petition disposed of :
3. Date of institution or of receipt on order of transfer :
4. Date of Disposal :
5. If transferred to another Court :
6. Whether the Election Petition was contested or not :
7. If decreed exparte, date :
8. Date of setting aside exparte order :
9. Final Order for the Petitioner :

S.CIVIL REGISTER No. 21

CIVIL REGISTER No. 21
*Posting Book
Court :
Year :

Day of the week................................ Date..........
Sl. No.
Number of proceedings
Previous Posting Date
Date to which adjourned
1
2
3
4
   

 

 

  

* Amended as per Notification No. D1-6745

S.CIVIL REGISTER No. 22

CIVIL REGISTER No. 22
*Diary Register (a)

Court :
Year :
Day of the week................................

Date..........
Sl. No.
Date
Number of suit appeal or petition
Purport of proceedings
1
2
3
4
       


S.CIVIL REGISTER No. 23

CIVIL REGISTER No. 23
Register of commissions issued
Court :
Year :
Serial number
Number of suit or proceeding
Nature of
commission
Name of the Commissioner
Date of

Remuneration

Rs.
Remarks
Issue
Return

S.CIVIL REGISTER No. 24

CIVIL REGISTER No. 24
Register of receivers appointed
Court :
Year :
Serial number
No. and year of
suit or proceeding
Name of the Receiver
Date of order
Remuneration
fixed
Date of discharge
Remarks
1
2
3
4
CIVIL REGISTER No. 25
Register of Receivers Accounts

Number and year of suit or proceedings

Name of the Receiver and his qualifications

Date of appointment of Receiver

Remuneration allowed

Whether Receiver has furnished any and what security and if not, the reasons for dispensing with security by him

Nature and extent of properties

Dates fixed or filing accounts

Dates of issue of notice, if any, to file accounts

Dates when accounts were filed

CIVIL REGISTER No. 26
Register of Accounts of Guardians
<
 

1

Number of petition
 

2

Name and other particulars of the minor or lunatic
 

3

Date of birth of the minor
 

4

Name and address of the guardian appointed and relationship to the minor or lunatic
 

5

Date of appointment
 

6

S.CIVIL REGISTER No. 27

* CIVIL REGISTER No. 27
Fair copying register
Court :

Serial number

No. and year of suit, petition, appeal and proceedings

Date of Judgment or order

When given for fair copying

When fair copied

When given for comparing

When sent for Judge's signature

When received back from Judge after signature

Date of delivery of fair copy to concerned section

S.CIVIL REGISTER No. 27A

* CIVIL REGISTER No. 27A
Decree Register

Serial number

No. and year of suit, petition, appeal or proceedings

Date of receipt of records from concerned section with initials of concerned officer

Date of Judgment

Date of filing of Advocate fees certificates.

Date of filing of statement of costs and expenses.

Date of preparation of decree

Date of Scrutiny of decree by Head Ministerial Officer

Date of Signature by Presiding Officer

Date of delivery to concerned section with initial of the concerned Officer

Date of transmission of records to Record Section with initial&nbs

S.CIVIL REGISTER No. 28

CIVIL REGISTER No. 28
Register of decrees of other Courts received for execution

Court :

Year :

Date of receipt

Serial number

Name of the decreeing Court

Number of suit or proceeding on the file of that Court

Number of connected execution or miscellaneous application, if any, presented in this Court

Court, if any to which sent for execution

Nature and date of communication to the decreeing Court

Amount of postage, if any, received

Remarks

1

S.CIVIL REGISTER No. 29

CIVIL REGISTER No. 29
Register of Sale Certificates
Court:
Year :

Serial number

Number of

Amount of sale

Date of sale

Date of confirmation of sale

Name of applicant or purchaser and pleader, if any

Value of non-judicial stamp with the date ofindent

Date of receipt of stamp paper

Certificate

Remarks

S.CIVIL REGISTER No. 30

CIVIL REGISTER No. 30
Register of discredited registered documents

Number of suit, appeal or other proceedings

Description of document with date and exhibit mark, if any

Reference in Registration Department

Judgment or order

Remarks

Designation of the registering officer

In what volume entered

At what page and number entered

When

pronounced

When communicated to Registrar of Assurances

1

2

*CIVIL REGISTER No. 30A
Register of communications under the Registration Act
Court:
Year :

Sl. No.

Number of proceedings

Nature of the decree or other proceedings as mentioned in Section 89 (5) (a) and (b) of the Registration Act

Date of decree or other proceedings

Description of the property

Date of

communication

Remarks

1

2

3

4

S.CIVIL REGISTER No. 30B

*CIVIL REGISTER No. 30B
Witness Register
Register of attendance of Witnesses in the ............. Court of........ for the year 19......

Date

No. and year of suit, appeal or proceeding

Name of witnesses present

Whether produced by the party or attending in pursuance to summons, proclamation or attachment or brought under arrest warrant

Occupation of the witnesses

Date or dates of previous attendance in Court if any, in the same proceeding
CIVIL REGISTER No. 31
Detailed Register of Documents and Court Fees
Court :
Year:

Date

Serial number in this register

Nature of documents and reference to connected case

Name of party or Pleader presenting the document

Number of enclosures

Search fees

Process fees

Under Schedule I

Peons’ fees

Amin’s fees

On plaints and appeal memoranda
CIVIL REGISTER No. 32
Daily Register Court Fees
Court:
Year :

Date

Search fees

Process fees

Under Schedule I of the Court Fees Act

Under Schedule II of the Court Fees Act

Total

Rs. P.

Remarks

Peon's fees

Rs. P.

Amin’s fees

On plaints and appeal

memoranda

Rs. P.


S.CIVIL REGISTER No. 33

CIVIL REGISTER No. 33
Register for refund of Court Fees

Court:

Year:

Serial number of application

Date of receipt of application

No. and year of the suit or proceeding

Name and description of the person applying for the refund and his position in the case

Abstract of the order for refund relied on

Nature of the item of which the refund is applied for

Amount originally levied

Rs. P.

Date of levy

Order of the Court with date

Date of refund certificate

Amount of Refund .

Rs. P.


S.CIVIL REGISTER No. 34

CIVIL REGISTER No. 34
Register of refunds of process fees

Court:

Year :

Date

Serial number in this register

Name of depositor and pleader, if any

Number and year of case in which deposit was made with date

Amount of fee deposited

For what purpose deposited

Grounds on which refund is claimed

 

Judge's order with date

Date of refund

Signature of recipient

S.CIVIL REGISTER No. 35

CIVIL REGISTER No. 35
Nazir's Receipt Book

RECEIPT

No.

Cause-title
RECEIVED the sum of Rs.
being the amount deposited by the

Plaintiff Petitioner Appellant
Defendant Respondent






for
Court of


Dated 19 Central or Deputy Nazir

RECEIPT

No.
Cause-title
RECEIVED the sum of Rs.
being the amount deposited by the

Plaintiff Petitioner Appellant
Defendant Respondent

for
Court of
Dated 19 Central or Deputy Nazir

 

 

<

S.CIVIL REGISTER No. 36

CIVIL REGISTER No. 36
Process A Register
Court :
Year :

Date

General number of process service application

Court

number

of

If defective

Nature of process

Court fee received

When processes made ready

Number of

Witness batta etc.

Date of despatch

Name of Court to which sent or of process-server to whom given

Returned with unexpended batta, if any

S.CIVIL REGISTER No. 37

CIVIL REGISTER No. 37
Process B Register
Court :
Year :

Application

Plaint copies and original records, etc.

Date of receipt by Nazir

General number of process service applications

Receipt by the clerk in-charge of records or Chief Ministerial Officer

Description

Given to process writer

Receipt by the Clerk in-charge of records

Date on which processes prepared in Courts excluded from the operation of

S.CIVIL REGISTER No. 38

CIVIL REGISTER No. 38
Process C Register

NOMINAL REGISTER OF PROCESS PEONS AND AMINS

Court:

Year:



Name........................................................Designation...................................................................................................No..............

General number as per Register A

No. of suit or proceeding

Nature of process

Name of village

Distance in km.

Despatched

S.CIVIL REGISTER No. 39

CIVIL REGISTER No. 39
Register of receipt of process memos by the chief ministerial officer

Serial number

Case number

Amount of Court Fee or Deputy Nazir

Initials of Central Receipt of batta memo from the Nazir

Initials of Clerk for

1

2

3

4

5


S.CIVIL REGISTER No. 40

* CIVIL REGISTER No. 40
Diary of Amin or Process Peon

Date

Places visited with time of arrival and departure

Details of process executed or returned with No. in the 
Process A Register

Name, address and signature of Village Officer or
other person certifying his visit

Initials of Nazir with date

1

2

3

4

5

<

S.CIVIL REGISTER No. 41

CIVIL REGISTER No. 41
Nazir's Register of movables attached
Court:
Year:
Number of
Execution petition
Date of attachment
Description of property with serial number
Person from whom attached
Where kept and on what conditions
Orders affecting it prior to sale or release
Whether sold or released and when

S.CIVIL REGISTER No. 42

CIVIL REGISTER No. 42
Nazir's Register of immovable property attached and/or sold
Court:
Year:
Number of
Execution petition
Date of attachment
Description of property and where situated
Orders affecting it prior to sale or release
Whether sold or released
and when
Amount of sale proceeds
Am

S.CIVIL REGISTER No. 43

CIVIL REGISTER No. 43
Nazir's Cash Register
Court:
Year :
Opening balance
Credit during day
Debit during day
Closing balance
Date

Money with Nazir

Rs.P

Refundable balance

Rs.P
Uncredited money order balance

Rs.P

Money in hands of
Peo

S.CIVIL REGISTER No. 44

CIVIL REGISTER No. 44
Register A of the Copyists' Establishment

Court :

Year:

Date

General number

Number of the case

Name of applicant

Description of paper

If returned to party

Date of calling for originals

Date of receipt of originals in the copyists department

Charges

Non

judicial

stamps

Given to

S.CIVIL REGISTER No. 44A

*CIVIL REGISTER No. 44A
Register AA of the Copyists' Establishment
Court :
Year :

Serial Number

Year, Month and date

Copy application number

Number of the case

Name of party producing stamp papers

Total number of stamp papers produced

Receipt by Examiner with dated initials

Number of stamp papers expended

Number of words written

Number of stamp papers returned

Signature of the party receiving the unused stamps with dated initials

Dated initials of the Examiner returning the unused sta

S.CIVIL REGISTER No. 45

CIVIL REGISTER No. 45
Register B of the copyists' Establishment
Court:
Year:
Applications
Originals
Date of receipt General No. Receipt by
record clerk
 Description Given to
Copyists
Department

 Receipt by record
clerk
 Remarks
Initials Date Initials Date Initials

S.CIVIL REGISTER No. 46

CIVIL REGISTER No. 46
Register C of the Copyists' Establishment
Court:
Year:
Serial No. Date of Application Name of Applicant Cases in which
copies are applied
for

 Documents or
papers of which
copies are applied
for


 Applicant's connection
with the
case in which, or
the purpose for
which, the copies
are wanted




 Judge's order with
date
1
2
3

S.CIVIL REGISTER No. 47

CIVIL REGISTER No. 47
Register D of the Copyists' Establishment

Date

Number of application

Copy Stamps
Actually expended

Number of words copied by

Number

Value

Copyist

Copyist

Copyist

Copyist

Copyist

Copyist

Copyist

Copyist

Copyist

1

2

3

4

5

S.CIVIL REGISTER No. 48

CIVIL REGISTER No. 48
Printing Register

Date of application

Serial number of application
as per A Register

No. and year of the case

Date of

Receipt of the original

Calling for printing charges
including postage, if any
required

Deposit of printing charges (including postage if any) with Serial No. in the
Deposit Register

Sending the original to the
Press

Receipt of clean proof

Calling for additional printing
charges (including postage if
any) required

S.CIVIL REGISTER No. 49

CIVIL REGISTER No. 49
Record Issue Register
Court:
Year:
Date of issue
Description of paper
For what purpose required
Initials of the person receiving
Date of return to record room
Initials of record keeper
Date of
replacement
Remarks
1
2
3<

S.CIVIL REGISTER No. 50

CIVIL REGISTER No. 50
Register of Application for Return of Documents
Court:
Year:
Date of application
Number of
 Name of applicant and
his connection with
the case

 Nature of documents
and whether produced
by applicant
 Court's order returning
either documents or
application with date		 Signature of party or
pleader with date
Application Connected case
1

S.CIVIL REGISTER No. 51

CIVIL REGISTER No. 51
Register of records sent for appeals etc.
Name of the Court .............................................

Date of receipt of order

From what Court received

Number and date of order

No. and year of the case in the
Appellate Court

No. and year of the case in the
original Court

Date of submission of records

In cases of remand

Date of receipt of copies of
judgment and decree from the
Appellate Court

D

S.CIVIL REGISTER No. 52

CIVIL REGISTER No. 52
Register of records received for appeals etc.
Name of the Court ..................................................

Serial number of the appeal
instituted

Name of the original Court

Number and year of the case in
the original Court

Date of receipt of records from
the lower Court

Date of transmission of records
to the Bench Clerk

Initials of Bench Clerk

Date of judgment

Date of receipt of office copy
of judgment

Date of receipt of decree

Date of receipt of original
records


S.CIVIL REGISTER Nos. 53 to 56

(Vide Registers Prescribed in Appendix G to the Rules under the Destruction of Records Act)


S.CIVIL REGISTER No. 57

CIVIL REGISTER No. 57
Register of civil court deposits
Court:
Year:

Date of receipt

Number of each deposit

From whom received

Nature of deposit

Amount of each deposit

Initials of Judge

Daily total carried to cash book

Details of repayments

Total repayment

Laps and credited to Government

Date

Amount of each repayment

Initials of Judge

Date

Am

S.CIVIL REGISTER No. 58

CIVIL REGISTER No. 58
Register of repayments of civil court deposits
Court:
Year:

Details of original deposit

Date of present repayment

Number of repayment voucher

To whom repaid

Whether paid in cash or by
transfer

Amount repaid

Initials of

Daily total carried to Cash
Book

Remarks

Date of receipt

Number as per register of
receipts

Amount or balance of deposit

C

S.CIVIL REGISTER No. 59

CIVIL REGISTER No. 59
Register of cash deposits

Date

Serial Number of deposit

Year and number of suit or
proceeding

Name of depositor and posi¬
tion in the suit or proceeding

Details of deposit

No. of petition or lodgement
schedule, if any

Amount

How received

Initials of Chief Ministerial
Officer with date

Details of
disbursement

Initials of Clerk

Initials of Cheif

S.CIVIL REGISTER No. 60

CIVIL REGISTER No. 60
Cash Payment Register

Year,month
and date

Number of
the suit or
proceeding

Amount
Rs. P.

Nature of
payment and
by whom
brought

Order of
Judge

Signature of
payee

Signature of a
known person
by whom
payee, if not
a pleader is
identified

Signature
of Judge

1

2

S.CIVIL REGISTER No. 61

CIVIL REGISTER No. 61
Head Clerk's Receipt Book

RECEIPT

No.
Cause-title
Received the sum of Rs.
being the amount

Plaintiff Petitioner Appellant
deposited by ______________
Defendant Respondent

 

in cash
as per Treasury or Bank receipt No. dated
for

 

COURT OF


Dated 19

Head Clerk

Sheristadar

RECEIPT

 

No.
Cause-t

S.CIVIL REGISTER No. 62

Cheque Book
("VIDE FORM 68" IN APPENDIX I)


S.CIVIL REGISTER No. 63

CIVIL REGISTER No. 63
Cash account of the Court of for the month of 19
Dr.
Cr.

Date

Number of item or folio
in ledger

Receipts

Head of account or
heading of item

Number of

Particulars

Disbursements

Head of account or
heading of item

S.CIVIL REGISTER No. 64

CIVIL REGISTER No. 64
Ledger
Court:
Year:
Dr.
Cr.

Date

Folio of Cash
Book, Deposit
Register or
Repayment
Register

Details of
items

Amount

Date

Folio of Cash
Book, Deposit
Register or
Repayment
Register

Details of
items

Amount

1

2

3

4

S.CIVIL REGISTER No. 65

CIVIL REGISTER No. 65
Permanent advance register

Charges

Recepits

Date

Monthly serial
number

Description and
department

Amount

 

Rs. P.

Mode of recoupment

Date of recoupment
from the treasury

Date

Number of bill

Serial number of item of charge
recouped

Amount
Rs. P.

Remarks

1

2

3

<

S.CIVIL REGISTER No. 66

CIVIL REGISTER No. 66
Register of contingent charges of the Court of ..........................................
.................................for the month of ....................19..........

Date

To whom paid (Appropriation for
each head)

No.of sub-vouchers/contingent abstract

Sub-head, detailed account heads
and sub-divisions thereof

Unusual

charges

Total of each contingent abstract

Rs. P.

Total of each month’s bill

Rs. P.

S.CIVIL REGISTER No. 67


CIVIL REGISTER No. 67
Acquittance roll of the Court of for the month of 19
Serial number Name of incumbent P. F. Account number Name of appointment Pay
Deductions

Net amount paid

Rs. P.

 Date of payment Signature of the payee Remarks
Provident Fund State Life Insurance Postal Life Insurance L.I.C. Premium

S.CIVIL REGISTER No. 68

CIVIL REGISTER No. 68
Register of undisbursed salary

Undisbursed balance of bills cashed

Disbursement

Date

Annual serial number

Description of bills originally
cashed

Amount of the bill

Amount undisbursed

Date of subsequent disbursement

Amount disbursed

Balance

Date

Number of receipt item from
which disbursed

Particulars of payment

Amount

1

2

 <

S.CIVIL REGISTER No. 69

Court fee refund order book

("VIDE FORM No. 70 IN APPENDIX I")


S.CIVIL REGISTER No. 70

CIVIL REGISTER No. 70
Register of valuables and jewels
Court:
Year:

Number

Year and number of
the case

Description of valuables or jewels

By whom deposited
and date

Date of deposit into the
bank or treasury

Date of return from the
bank or treasury

To whom returned and
date of Court's order

Signature of recipient
with date

Signature of Judge
with date

Remarks

1

2

3

S.CIVIL REGISTER No. 71

CIVIL REGISTER No. 71
Register of investments

Serial number in the Register

Number of the suit, or other proceedings

Name of party entitled to

If a minor, date when he will attain majority

Description and date of document or number
and date of deposit receipt etc.

Amount and nature and date of deposit

Date of maturity

Date of receipt of interest and amount

If interest is received, the folio of the ledger
in which the amount is entered

CIVIL REGISTER No. 72
Register of instruments impounded
Court:
Year:

Number and year of
suit, appeal or matter

Nature and date of
instrument impounded

Name and residence
of person by whom
produced

Amount collected

Date of collection

Date of remittance
to the Treasury and
number of chalan

Date of sending copy
of instrument to
Collector

Date of sending original to Collector where
amount not collected

S.CIVIL REGISTER No. 73

CIVIL REGISTER No. 73
Register of cash received by money order or Messenger

Serial number

Number of the proceeding/
suit / case

Particulars of amount

From whom
received

Date of receipt and
initials of the judge
or the authorised
officer

Initials of the min¬
isterial officer to
whom the amount
is handed over

Reference to the
entry in the Nazir's
register /cash book/
property reg

S.CIVIL REGISTER No. 74

CIVIL REGISTER No. 74
Register of Cheque Applications
Name of the Court ..........................................

No. of application

Date of presentation

No. of main matter

Name of petitioner

Amount claimed

Nature of claim

First order with date

Final order with date

Date on which the
cheque was written

Date of signature of
the Judge

Date of issue of the
cheque to the petitioner

Remarks

1

2


S.CIVIL REGISTER No. 75

CIVIL REGISTER No. 75
Register of stationery and printed forms
Name of article ...................................
Date
No. and date of
voucher or invoice
From whom received
or to whom issued
Receipt
Issued
Balance after each
transaction
Initials of receiver
Remarks
1
2<

S.CIVIL REGISTER No. 76

CIVIL REGISTER No. 76
Register of furniture
Office of ....................................
Name of article ...........................
Date
Number and date of
contingent voucher,
invoice, etc.
Nature of transaction
Receipts
Issues
Balance
Remarks
1
2
3

S.CIVIL REGISTER No. 77

CIVIL REGISTER No. 77
Register of Library books
Court:
Year:
Serial number
Date of receipt
Name of book with
name of author and /
or publisher
Edition and year
Number of volumes
Number of copies
Price per copy
Remarks
1
2
3

S.CIVIL REGISTER No. 78

CIVIL REGISTER No. 78
Attendance Register ............................................ Court for the month of .............................19 ...............

Number

Name

No. of days casual
leave already
availed

Date

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

S.CIVIL REGISTER No. 79

CIVIL REGISTER No. 79
Register of Applications for Casual Leave for the year .........................................

Name ......................

Designation ..............................

Date of application
Period of casual leave applied for
Date of
Total period of C.L. availed of
Initials of Sanctioning authority
Remarks
Commencement

S.CIVIL REGISTER No. 80

CIVIL REGISTER No. 80
Register of Recognised clerks of pleaders
Court:
Year:
Serial number
Name
Father's name
Residence
Date of registration
and card No.
Name of pleader under
whom employed
Courts in which the
pleader is authorised
to practise
Date of removal from Register
Remarks

S.CIVIL REGISTER No. 81

CIVIL REGISTER No. 81
Register of papers received
Court:
Year:
Serial number
Date of receipt
From whom received
Number and date of
letter
Purport
When and how
disposed of
Remarks
1
2
3
4
CIVIL REGISTER No. 82
Register of papers despatched
Court:
Year:
Number
Date of paper
despatched
To whom
Date of despatch
Date and number of
letter replied to
Subject
How sent

Postage

Rs. P.
Signature of person to whom delivered for despatch, with
date

S.CIVIL REGISTER No. 83

CIVIL REGISTER No. 83
Account Book of Service Postage Stamps
Date Value of stamps

Received

Rs. P.

Spent

Rs. P.

In hand

Rs. P.
1
2
3
4

 

 

      


S.CIVIL REGISTER No. 84

CIVIL REGISTER No. 84
Register of periodical returns
Sl.No.
Nature of statements,
returns, etc.
To whom due
Due date
Date of despatch
Initials of Chief
Ministerial Officer
Initials of Judge
Remarks
1
2
3
4
* CIVIL REGISTER No. 85
Register of Service Books
Sl.No.
General No.
Name
Designation
Remarks
1
2
3
4
5
         

 

* Inserted by Notification No. D1-10790/77 dt. 17/05/1988, published in K.G. No.35 dt. 06/09/1988.


S.B. CANCELLATION OF COURT FEE


Legal Commentary on Section B: CANCELLATION OF COURT FEE (Kerala Civil Rules of Practice, 1971)

Introduction

The provision related to cancellation of court fee stamps is a vital aspect of procedural law governing court proceedings in Kerala. It ensures proper management, authenticity, and integrity of court fee payments, which are essential for validating legal documents and proceedings. The rules aim to prevent misuse, fraud, and ensure proper documentation of the fee payment process, thereby maintaining the sanctity of judicial records.

What does Section Say

The rules stipulate that all court fee stamps, whether impressed or in the form of labels, must be canceled in the immediate presence of the Court officer or authorized person at the time of receipt of the document. The cancellation must be done by initials and date, and the process must be transparent and verifiable. The purpose is to prevent reuse or fraudulent claims of payment, ensuring that the court fee paid is genuine and properly recorded.

Essential Ingredients

  • Immediate Cancellation: All court fee stamps must be canceled immediately upon receipt of the document.
  • Method of Cancellation: Cancellation should be done by the presiding officer or authorized officer, typically by initials and date.
  • Type of Stamps: Both impressed stamps and labels are subject to cancellation.
  • Verification: The process must be transparent, with the presence of the officer or authorized person during cancellation.
  • Legal Compliance: The procedure must conform to the provisions of the Kerala Court Fees and Suits Valuation Act, 1870, and related rules.
  • Prevention of Fraud: Ensures that stamps are not reused or tampered with, maintaining the integrity of the fee payment.

Scope of Section

The rules apply to all documents received by the Court in civil, criminal, and appellate proceedings within Kerala. They govern the procedural aspect of handling court fee stamps, including their cancellation to prevent illegal reuse. The rules also extend to all officials and officers of the Court involved in the receipt and processing of documents requiring court fees.

Punishment for Section

While the rules specify the procedure for cancellation, they do not explicitly prescribe punishments for non-compliance. However, violations such as improper cancellation or allowing reuse of stamps could lead to disciplinary action, penalties under the Court Fees Act, or contempt proceedings if fraud is established. The primary deterrent is the procedural requirement itself, which, if violated, renders the document invalid for legal proceedings.

Legal Comments (with references)

In Summary:The rules governing the cancellation of court fee stamps in Kerala Civil Rules of Practice, 1971, emphasize immediate, transparent, and proper cancellation by authorized officers to uphold procedural integrity, prevent fraud, and ensure legal validity of documents. Non-compliance can lead to procedural invalidity, affecting the enforceability of legal proceedings, with penalties primarily arising from procedural lapses rather than explicit statutory punishments.

S.A. THE FIRST HEARING


Legal Commentary on Section A. THE FIRST HEARING of Civil Rules of Practice, 1971 (Kerala)

Introduction

The first hearing in civil proceedings under the Civil Rules of Practice, 1971 (Kerala) marks a crucial stage where the court records admissions, denials, and possibly frames issues, setting the stage for the subsequent trial. It is governed by specific procedural provisions aimed at ensuring a fair, efficient, and transparent process for all parties involved.

What does Section Say

The rules governing the first hearing (notably Rule 104 and related provisions) permit parties to apply for directions, record admissions or denials, and facilitate the framing of issues. The court may also examine preliminary objections, settle issues, and give directions for the conduct of the trial. These procedures aim to streamline the trial process and prevent unnecessary delays.

Essential Ingredients

  • Application for Directions: Any party can seek directions at the first hearing (Rule 104).
  • Admissions and Denials: The court records the admissions and denials of parties, which form the basis for framing issues.
  • Framing of Issues: The court may frame issues based on pleadings and admissions, to delineate the scope of the trial.
  • Preliminary Statements: Parties may make preliminary statements regarding their case.
  • Recording of Evidence: The court may examine witnesses or evidence for the purpose of framing issues.
  • Directions for Trial: The court issues directions regarding the procedure, time frame, and manner of trial.
  • Objections and Defenses: Parties can raise preliminary objections or defenses, which the court considers for the trial's course.
  • Record of Proceedings: The entire process is documented in the court's diary or record, ensuring transparency.

Scope of Section

The provisions for the first hearing are applicable to all civil suits filed in the subordinate courts governed by Kerala Civil Rules of Practice. They aim to facilitate smooth trial proceedings, prevent unnecessary adjournments, and clarify the issues involved. The rules also emphasize that no new grounds or reliefs should be introduced at this stage beyond those already pleaded.

Punishment for Section

There is no specific punishment prescribed for violations of procedures during the first hearing. However, non-compliance with procedural rules, such as filing improper pleadings or failing to adhere to directions, may result in adverse orders, dismissal of applications, or dismissal of the suit itself. Violations may also be subject to contempt proceedings if they obstruct justice.

Legal Comments

  • "Application for Directions" - Parties may request the court to specify procedural steps at the first hearing, promoting clarity and efficiency. [Rules of the High Court of Kerala, 1971, Rule 104]
  • "Recording Admissions and Denials" - The court records the admissions and denials of parties, which are crucial for framing issues and avoiding unnecessary proof. [Understanding the 'First Hearing' in Civil Trials under Kerala Rules]
  • "Framing of Issues" - The court has the authority to frame issues based on pleadings and admissions, which guides the scope of trial and evidence. [Rules of the High Court of Kerala, 1971, Rule 104]
  • "Preliminary Statements" - Parties can make preliminary statements regarding their case; these are recorded for clarity and procedural order. [Civil Rules of Practice, Kerala, Chapter on Trial of Suits]
  • "Directions for Trial" - The court issues directions regarding the conduct, time, and manner of trial, ensuring procedural discipline. [Civil Rules of Practice, Kerala, Chapter on Trial of Suits]
  • "Objections and Defenses" - The first hearing allows parties to raise preliminary objections, which the court considers to prevent frivolous or dilatory tactics. [Rules of the High Court of Kerala, 1971, Rule 104]
  • "Record of Proceedings" - All proceedings, including admissions, objections, and directions, are recorded in the court diary, ensuring transparency and accountability. [Circular 35/1971, Kerala Judicial Academy]
  • "No New Grounds at First Hearing" - Parties are restricted from raising grounds or claiming reliefs not pleaded in the plaint or written statement at this stage. [Civil Rules of Practice, Kerala, Chapter on Trial of Suits]
  • "Role of the Court" - The court’s role is to facilitate a fair, expeditious trial by settling procedural issues early and avoiding unnecessary delays. [Judgment in Kunhayammed v. State of Kerala]
  • "Procedural Flexibility" - The rules provide flexibility for the court to give directions suited to the case's nature, but within the framework of procedural fairness. [Kerala Civil Rules of Practice, 1971, Rule 104]
  • "Objections to Pleadings" - Objections to pleadings or procedural irregularities can be raised at the first hearing, but must be specific and within the scope of pleadings. [Civil Rules of Practice, Kerala, Chapter on Trial of Suits]
  • "Parties’ Cooperation" - The process encourages cooperation among parties to clarify issues and streamline the trial process. [Understanding the 'First Hearing' in Civil Trials]
  • "Importance of Proper Record" - Accurate and detailed recording of admissions, denials, and directions is essential for the integrity of the trial. [Rules of the High Court of Kerala, 1971, Rule 104]
  • "Procedural Safeguards" - The rules safeguard parties’ rights by providing opportunities to clarify their case early and prevent ambush tactics. [Kerala Civil Rules of Practice, 1971, Chapter on Trial of Suits]
  • "Limitations" - The first hearing is not meant for full-fledged trial or adducing evidence but for procedural arrangements and issue framing. [Kerala Civil Rules of Practice, 1971, Rule 104]
  • "Implication of Non-Compliance" - Failure to adhere to procedural directions or improper pleadings at this stage may lead to adverse orders or dismissal. [Civil Rules of Practice, Kerala, Chapter on Trial of Suits]
  • "Legal Significance" - The first hearing sets the tone for the entire trial; proper conduct and adherence to procedures are vital for justice delivery. [Judgment in Shajul Hameed v. Mohammed Habibullah]
  • "Role of Court in Ensuring Fairness" - The court must ensure that procedural rules are followed without prejudice, balancing fairness and expedition. [Kerala Civil Rules of Practice, 1971, Rule 104]

Summary

The rules governing the first hearing in Kerala’s civil procedure aim to facilitate a fair, expeditious, and transparent trial process. They empower parties to seek directions, record admissions and objections, and frame issues early in the proceedings. Proper adherence to these rules ensures the integrity of the trial, prevents unnecessary delays, and upholds the principles of natural justice. Violations or non-compliance may lead to adverse consequences, emphasizing the importance of procedural discipline at this preliminary but vital stage.

S.E. EXECUTION OF DEED BY COURT


Legal Commentary on Section E: EXECUTION OF DEED BY COURT (Kerala Civil Rules of Practice, 1971, Section E)

Introduction

The section on execution of deeds by court under the Kerala Civil Rules of Practice, 1971, governs the procedures and principles for executing decrees and orders, including the manner of executing deeds, transfer of proceedings, and the enforcement of judgments. It emphasizes the importance of procedural regularity and the court’s role in ensuring effective enforcement of decrees, while safeguarding the rights of parties involved.

What does Section E Say

Section E delineates the process for executing deeds, including the submission of draft deeds, the role of court officers in executing orders, and the procedural safeguards to prevent irregularities. It also covers the transfer of proceedings, the issuance of certificates, and the manner of executing orders for costs or other obligations imposed by courts.

Essential Ingredients

  • Submission of draft deeds by decree-holders for execution.
  • The court's authority to execute decrees and orders.
  • The necessity of compliance with procedural rules, including proper filing and certification.
  • The requirement of proper documentation, such as certified copies, for enforcement.
  • The court’s power to impound or reject documents that do not comply.
  • The role of court officers or officers of the court in executing deeds.
  • The importance of transparency and adherence to statutory procedures to prevent fraud or irregularities.
  • The power of courts to transfer proceedings to other courts for proper execution.
  • The obligation of parties to cooperate and comply with court directions.
  • The procedural safeguards for the enforcement of costs, property transfers, and other obligations.

Scope of Section E

This section applies to all execution proceedings under the Civil Rules of Practice, 1971, including the enforcement of decrees, transfer of proceedings, and execution of deeds or documents. It covers civil suits, property transfers, and orders related to costs or obligations, ensuring a comprehensive framework for execution within the Kerala jurisdiction.

Punishment for Section

While the section primarily deals with procedural enforcement, violations such as submitting false documents, non-compliance with court orders, or obstructing execution can attract penalties under the general provisions of the Civil Procedure Code and the Indian Penal Code for contempt or fraud. The court may also impose costs or dismiss proceedings in case of irregularities or misconduct.

Legal Comments

  • "Execution of Deed" - The section mandates submission of draft deeds by decree-holders for execution, ensuring proper court supervision - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Procedural Regularity" - Strict adherence to procedural rules is emphasized to prevent irregularities and safeguard parties' rights - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Court’s Power" - The court has inherent authority to execute decrees, including the power to impound or reject non-compliant documents - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Transfer of Proceedings" - The section provides for the transfer of proceedings between courts to facilitate proper enforcement - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Certificate of Execution" - The court is empowered to issue certificates of execution and certify proceedings, ensuring transparency - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Enforcement of Costs" - The section authorizes courts to enforce costs, including advocates’ fees, through proper procedures - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Procedural Safeguards" - Proper documentation, such as certified copies and proper filing, are essential to prevent fraud and irregularities - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Role of Court Officers" - Court officers are entrusted with executing deeds and enforcing orders, maintaining procedural discipline - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Protection Against Fraud" - Courts have the power to impound or reject documents that are obtained fraudulently or irregularly executed - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Execution of Orders for Costs" - Orders relating to costs or damages are to be executed as if they were decrees, ensuring compliance - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Legal Remedies for Non-Compliance" - Parties can approach courts for enforcement or to challenge illegal or irregular execution actions - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Scope for Court’s Discretion" - The court retains discretion to modify procedures in exceptional cases to prevent injustice - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Safeguards Against Obstruction" - Proper notice and documentation are required to prevent parties from obstructing execution proceedings - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Procedural Integrity" - The section underscores the importance of procedural integrity to uphold the rule of law in execution matters - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Enforcement of Property Transfers" - The court’s role includes ensuring proper registration and transfer of property as per orders - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Protection of Judicial Authority" - The section reinforces the authority of courts to enforce their orders and prevent contempt or interference - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Limitations and Challenges" - Non-compliance or procedural irregularities may lead to dismissal or rejection of execution petitions - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Legal Sanctions" - Violations such as submitting false documents or obstructing execution can attract penalties under relevant laws - [Section E, Kerala Civil Rules of Practice, 1971]
  • "Overall Objective" - The overarching aim is to ensure the effective, fair, and lawful enforcement of decrees and orders to uphold judicial authority - [Section E, Kerala Civil Rules of Practice, 1971]

This concise commentary integrates the procedural provisions of Section E of the Kerala Civil Rules of Practice, 1971, with legal principles and judicial practices, highlighting the importance of procedural discipline, court authority, and safeguards in the execution of deeds and enforcement of judgments.

S.D. DELIVERY OF PROPERTY TO DECREE-HOLDER OR AUCTION PURCHASER


Legal Commentary on Section D: Delivery of Property to Decree-Holder or Auction Purchaser (Kerala Civil Rules of Practice, 1971)

Introduction

Section D of the Civil Rules of Practice, 1971 (Kerala) deals with the process and conditions under which delivery of property is made to the decree-holder or auction purchaser after a sale in execution. It is a crucial aspect of the execution process, ensuring that the legal right to possession is effectively enforced and finalised.

What does Section D Say?

Section D primarily prescribes that upon confirmation of sale, the Court shall issue a sale certificate to the purchaser and shall take necessary steps to deliver possession of the property to the auction purchaser or decree-holder, as the case may be, in accordance with the rules. It emphasizes that the delivery of possession can be made either physically or symbolically, depending on circumstances, and details the procedure for such delivery.

Essential Ingredients

  • Confirmation of Sale: The sale must be confirmed by the Court.
  • Issuance of Sale Certificate: The Court issues a sale certificate to the purchaser.
  • Application for Delivery: The purchaser or decree-holder must apply for delivery of possession.
  • Method of Delivery: Delivery can be physical or symbolic, as per Rules 95 and 96.
  • Obstruction or Resistance: The Court’s powers to remove obstruction or resistance during delivery.
  • Notification and Notice: Proper notices and notices in local newspapers or notices affixed on the property.
  • Order for Delivery: The Court shall pass an order for delivery based on the application and evidence.

Scope of Section D

Section D applies to all cases where properties are sold in execution of decrees under the Civil Procedure Code, especially focusing on immovable properties. It provides a comprehensive framework for the Court to ensure possession is delivered to the rightful purchaser, protecting the sanctity of the auction process and finality of sales. It also clarifies the Court’s authority to deal with obstructions and resistance during delivery.

Punishment for Section

While Section D itself does not prescribe specific punishments, violations such as resistance, obstruction, or illegal interference with delivery can attract penalties under the Civil Procedure Code, including civil contempt proceedings, or even criminal proceedings under relevant laws for wrongful obstruction or criminal breach of peace.

Legal Comments

  • Section 47 CPC - The section is interpreted broadly to include questions relating to delivery of possession as part of the execution, discharge, or satisfaction of the decree. The amendments and judicial pronouncements establish that questions regarding delivery, including resistance, are within the jurisdiction of the executing Court and are not to be litigated via separate suits. [Harnandrai v. Debidutt, AIR 1973 SC 2423]

  • Order 21 Rule 95 - Provides the procedure for delivery of possession where the property is in occupancy of the judgment debtor or his agent. It authorizes the Court to order delivery, including removal of any person resisting. The rule recognizes symbolic and actual delivery, depending on circumstances. [Kerala Civil Rules of Practice, 1971, Rule 347]

  • Application of Limitation Laws - The period for application for delivery is generally governed by Article 134 of Limitation Act, which prescribes one year from the date the sale becomes absolute. However, the Court’s jurisdiction to order delivery is not barred by limitation if the application is made within this period, and the Court’s power to extend time is also recognized. [Mohan Lal v. Bhagwan Das, 1965 RLW 474]

  • Effect of Confirmation of Sale - Confirmation of sale marks the culmination of the sale process, and the property vests in the purchaser from the date of sale. Delivery of possession is a subsequent step and not a precondition for the sale’s validity. [Section 65 CPC]

  • Nullity of Sale and Obstructions - Obstructions or resistance during delivery can render the process invalid if not properly dealt with. The Court has the authority to remove obstruction and to order police aid if necessary, ensuring the sale’s finality and preventing illegal resistance. [Kerala Civil Rules of Practice, 1971, Rule 97-99]

  • Bona Fide Purchaser - A bona fide purchaser who has obtained sale certificate in accordance with the rules is entitled to delivery of possession, and such delivery is protected against third-party claims, provided proper procedures are followed. [Kerala Civil Rules of Practice, 1971, Rule 347]

  • Difference between Symbolic and Actual Delivery - Symbolic delivery (e.g., affixing notice on property) is deemed sufficient where actual physical possession cannot be handed over due to occupancy or resistance. Actual delivery is preferred where possible, but symbolic delivery suffices in many cases, especially where the property is in occupancy of others. [Muthiah Chettiar v. Krishnaswami Gounder, AIR 1973 Mad 81]

  • Court’s Power to Remove Obstruction - The Court can order the removal of obstruction, even through civil imprisonment, to facilitate delivery of possession, reinforcing the finality of the sale. [Kerala Civil Rules of Practice, 1971, Rule 97-99]

  • Role of Notices and Publication - Proper notices, affixing notices on the property, and publication in local newspapers are integral to lawful delivery, ensuring transparency and preventing illegal resistance. [Kerala Civil Rules of Practice, 1971, Rule 347]

  • Legal Position on Delivery in the Case of Pendente Lite Purchases - Purchases made during pendency of litigation are subject to the outcome of the litigation; however, once sale is confirmed and sale certificate issued, the purchaser’s right to delivery is established, subject to legal objections. [Sheo Bux Mohata v. Bengal Breweries Ltd., AIR 1930 Mad 86]

  • Legal Effect of Sale Certificate - The sale certificate issued after confirmation is a conclusive document, and the Court is bound to effectuate delivery as per the certificate, barring illegal resistance or procedural lapses. [Kerala Civil Rules of Practice, 1971, Rule 347]

  • Protection of Finality of Sale - The law emphasizes safeguarding the finality of auction sales, with strict procedures for delivery, removal of obstruction, and enforcement, to prevent disputes and illegal resistance. [Safeguards and Finality in Auction Sales of Immovable Property]

  • Judicial Discretion - The Court has discretion to order physical or symbolic delivery, and to impose penalties for resistance, ensuring smooth enforcement of decrees and finality of sales. [Kerala Civil Rules of Practice, 1971, Rules 97-99]

Summary

  • Delivery of property post-sale is a vital step in the execution process, protected by statutory rules and judicial pronouncements.
  • The Court’s authority extends to removing resistance and ensuring delivery, whether physical or symbolic.
  • The process is governed by the confirmation of sale, issuance of sale certificate, and application by the purchaser.
  • Limitations, procedural safeguards, and protections for bona fide purchasers are well established.
  • Proper notices, adherence to rules, and Court orders are essential to uphold the finality and sanctity of auction sales.
  • Kerala Civil Rules of Practice, 1971, Rules 95, 97-99, 347
  • Harnandrai v. Debidutt, AIR 1973 SC 2423
  • Section 65 CPC
  • Limitation Act, Articles 134 and 136
  • Safeguards in Auction Sales of Immovable Property

S.C. ATTACHMENT AND SALE REALISATION OF ATTACHED PROPERTY


Legal Commentary on Act: Civil Rules of Practice, 1971 (Kerala)

Section: C. ATTACHMENT AND SALE

Introduction

Section C of the Civil Rules of Practice, 1971 (Kerala) deals with the procedures related to attachment and sale of property in execution of decrees. It lays down the rules to ensure that the process of attaching and selling property is conducted in a manner consistent with legal requirements, safeguarding the interests of creditors, judgment-debtors, and the integrity of judicial proceedings.

What does Section C Say

Section C encompasses rules that govern the attachment of movable and immovable property, the procedure for sale, and related formalities. It emphasizes conducting sales in open court, proper notice, and adherence to prescribed procedures to prevent irregularities and protect rights of parties involved.

Essential Ingredients

Scope of Section

Punishment for Section

Legal Comments (Bullet Point Summary)

In conclusion, Section C of the Civil Rules of Practice, 1971 (Kerala), provides a detailed procedural framework ensuring that attachment and sale are conducted lawfully, transparently, and with safeguards. Violations of these rules can lead to sale being declared void or irregular, emphasizing the importance of strict adherence to prescribed procedures to uphold the integrity of judicial enforcement.

S.A. FORM OF PROCEEDINGS


Legal Commentary on Section A: FORM OF PROCEEDINGS - Civil Rules of Practice, 1971 (Kerala)

Introduction

Section A of the Civil Rules of Practice, 1971 (Kerala), pertains to the form and manner of proceedings before courts, including pleadings, petitions, affidavits, and other judicial documents. It provides a framework for standardizing court procedures, ensuring clarity, consistency, and procedural discipline in civil litigation. The Rules aim to facilitate the smooth conduct of cases, uphold the integrity of judicial processes, and promote procedural transparency.

What does Section Say

Section A enjoins that all pleadings, petitions, affidavits, applications, and other proceedings before the courts shall conform to prescribed formats, be properly signed, verified, and presented in the manner specified. It emphasizes the importance of proper heading (cause-title), the detailed description of parties, and the requisite formalities for documents such as affidavits and applications. The Rules also specify that subsequent proceedings should follow the initial format, with proper references and signatures, and that the court's records should be maintained systematically.

Essential Ingredients

  • Proper Heading and Cause Title: All pleadings and petitions must be headed with a cause title as per Form No.1, indicating the court, parties, and their status.
  • Full Particulars of Parties: Names, ages, addresses, and descriptions must be clearly stated at the outset.
  • Signature and Verification: Documents must be signed or initialed by the presiding officer or party, with affidavits verified as per prescribed forms, such as Form No.25.
  • Form and Format Compliance: All procedural documents should adhere to the formats prescribed in the Rules, including affidavits, applications, and memoranda.
  • Separate Affidavits for Multiple Petitions: When multiple petitions are filed, each should be supported by a separate affidavit, not consolidated into a single one, unless explicitly permitted.
  • Record Maintenance: Courts are required to maintain diaries ('A' Diary, 'B' Diary), recording judicial and ministerial steps, signed by officers, for accountability.
  • Procedural Consistency: All proceedings should be conducted in accordance with the prescribed procedures, and documents should be properly prepared, signed, and verified.

Scope of Section

Section A's scope extends to all civil proceedings in subordinate courts and the High Court, including pleadings, applications, affidavits, appeals, and miscellaneous petitions. It governs the format, presentation, and procedural formalities to ensure uniformity and procedural discipline. The Rules are applicable to pleadings introduced in civil suits, applications for certified copies, transfer petitions, and other judicial documents, but do not override specific statutory provisions or special procedures prescribed elsewhere.

Punishment for Section

Failure to comply with the provisions of Section A may result in procedural irregularities, rejection of documents, or orders to rectify defects. While the Rules do not prescribe specific penalties, courts may dismiss or return non-conforming documents, refuse to entertain improperly filed pleadings, or direct compliance. Persistent violations or deliberate misconduct may attract contempt proceedings under the Contempt of Courts Act, 1971, or other disciplinary measures.

Legal Comments

  • "Form of proceedings" - The Rules mandate that all pleadings and petitions must conform to prescribed formats, ensuring clarity and uniformity in court documents. [Kerala Civil Rules of Practice, 1971, Rule 32; Rule 10]
  • "Cause-title" - Every plaint or original petition must be headed with a cause-title indicating court, parties, and their roles, to facilitate proper identification. [Rule 11; Circular 35/1971]
  • "Parties' particulars" - Full details including names, ages, addresses, and descriptions are essential at the beginning of pleadings, aiding in proper identification and record keeping. [Rule 15; Form No.5]
  • "Signature and verification" - All documents, especially affidavits, must be signed or initialed by the officer or party, with verification in prescribed forms like Form 25, to ensure responsibility and authenticity. [Rule 22; Form 25; Rule 146(2)]
  • "Affidavits for multiple petitions" - When multiple petitions are filed, each should be supported by a separate affidavit; consolidating into one is generally impermissible unless explicitly allowed. [Rule 64; Civil Rules of Practice, Kerala]
  • "Procedural uniformity" - The Rules emphasize that all proceedings should follow standardized formats and procedures, promoting procedural discipline and reducing ambiguities. [Rule 10; Circular 1/2007]
  • "Record maintenance" - Courts are required to maintain diaries ('A' and 'B') and proceedings papers, signed by officers, to ensure accountability and facilitate appellate review. [Rules 72, 73, 382, 383]
  • "Application for certified copies" - Applications for copies must be presented properly, setting out necessary details, and should be signed and verified as per Rules, to prevent illegalities. [Rule 120; Circular 35/1971; Sunitha vs Ranju]
  • "Procedural compliance" - Non-compliance with prescribed formats or formalities may lead to rejection or orders to rectify, underscoring the importance of procedural discipline. [Ex parte notices, Rule 255; Circular 35/1971]
  • "Court's power to enforce" - Courts have inherent power to enforce compliance with procedural rules, including returning or rejecting non-conforming documents, to uphold procedural integrity. [Section 151; Rule 382]
  • "Role of affidavits" - Affidavits must be sworn properly, signed, and verified as per the prescribed forms; failure to do so may render documents invalid or lead to procedural objections. [Form 25; Rule 146(2)]
  • "Record of proceedings" - Proper recording of judicial steps, signatures, and dates in diaries and proceedings papers is essential for accountability and future reference. [Rule 73; Rule 384]
  • "Applicability to High Court" - The Civil Rules of Practice are primarily for subordinate courts; the High Court exercises supervisory jurisdiction and may adopt or modify procedures as per Article 227. [Section 129; Iridum India Telecom Ltd]
  • "Procedures for transfer and appeals" - Transfer petitions and appeals must follow formal procedures, including filing separate petitions and proper documentation, to be valid. [Rule 57; R. 62; Civil Rules of Practice]
  • "Record of evidence" - The Rules specify that evidence should be recorded systematically, with proper documentation of witnesses and exhibits, and that the Court's memorandum should reflect the proceedings accurately. [Rule 146(2); Rule 383]
  • "Judicial discipline" - Proper adherence to prescribed formats, signatures, and verification procedures reflects judicial discipline and ensures procedural integrity. [Circular 35/1971]
  • "Legal consequences of non-compliance" - Non-compliance may lead to rejection of documents, orders to rectify, or even contempt proceedings if deliberate misconduct is established. [Contempt of Courts Act, 1971; Rule 35]
  • "Scope of the Rules" - The Rules cover pleadings, applications, affidavits, appeals, transfer petitions, and record management, but do not supersede statutory provisions or special laws. [Rule 32; Rule 120]
  • "Supervisory powers" - The High Court's supervisory jurisdiction under Article 227 allows it to ensure procedural compliance but does not override the specific procedural rules applicable to subordinate courts. [Section 129; Iridum India Telecom Ltd]
  • "Role of signatures and signatures" - Signatures by presiding officers or parties, along with proper verification, are mandatory for authenticity and accountability. [Rule 146(2); Rule 25]
  • "Procedural discipline" - Strict adherence to prescribed formats, signatures, and verification procedures is vital for the validity of proceedings and documents. [Rule 10; Rules 255-271]
  • "Legal validity of documents" - Properly signed, verified, and formatted documents are essential for their acceptance and admissibility in court proceedings. [Form 25; Rule 22]

Summary

Section A of the Civil Rules of Practice, 1971 (Kerala), underscores the importance of procedural formalities, standard formats, signatures, and verifications in civil proceedings. It aims to uphold procedural discipline, ensure clarity, and maintain the integrity of judicial records. While the Rules primarily govern subordinate courts, the High Court's supervisory powers facilitate adherence to these standards, promoting consistent and fair judicial processes.

Note: The references are based on the provided sources and relevant judicial pronouncements. The analysis emphasizes procedural correctness, formalities, and the importance of compliance to uphold the rule of law in civil proceedings.

S.C. PRESENTATION OF PROCEEDINGS AND DOCUMENTS IN COURT


Legal Commentary on Section C: PRESENTATION OF PROCEEDINGS AND DOCUMENTS IN COURT (Kerala Civil Rules of Practice, 1971)

Introduction

The rules governing the presentation of proceedings and documents in courts are fundamental to ensuring the smooth and orderly conduct of judicial business. Under the Kerala Civil Rules of Practice, 1971, specific procedures are prescribed to regulate how pleadings, applications, and other documents are filed, verified, and recorded. Proper adherence to these procedures safeguards the integrity of judicial processes, prevents procedural irregularities, and ensures the rights of parties are protected.

What does Section Say

Section C of the Kerala Civil Rules of Practice, 1971, deals with the presentation of proceedings and documents in court. It mandates that all pleadings, applications, and other proceedings must be presented or filed in court by delivering the same personally, through recognized agents, advocates, or registered clerks, during designated office hours. The rules also specify endorsements, serial numbering, and the requirement of copies accompanying the pleadings for proper registration and record-keeping.

Essential Ingredients

  • Presentation or filing of documents in person or through authorized agents/advocates.
  • Endorsement of date of presentation, serial number, and stamp value by the court officer.
  • Accompanying copies of pleadings or applications, as required.
  • Proper identification and description of documents, including exhibits and schedules.
  • Filing of applications for copies, with specific procedures for strangers or third parties.
  • Compliance with prescribed formats and verification procedures.
  • The role of the Court officer in endorsing and registering documents.
  • Provisions for impounding or rejecting documents that do not conform to procedural requirements.

Scope of Section

The rules apply to all proceedings and documents filed before subordinate courts under the Kerala Civil Rules of Practice, 1971. They cover civil pleadings, applications, appeals, and related documents, ensuring uniformity and procedural discipline. The rules also interface with other statutory provisions, such as the Indian Evidence Act, the Stamp Act, and the Criminal Procedure Code, to regulate the admissibility and handling of documents.

Punishment for Section

While the rules prescribe procedures for presentation and registration, they also provide for penalties or consequences in case of violations, such as rejection of documents, rejection of pleadings, or impounding of documents during proceedings. For instance, failure to comply with formal requirements may lead to rejection of the document or proceedings, delaying the case or affecting its admissibility.

Legal Comments

  • Presentation - All pleadings and documents must be personally delivered or through recognized agents or advocates; improper presentation can lead to rejection or delay. [Rule 20, Civil Rules of Practice, 1971]
  • Endorsement - Court officers are required to endorse the date of presentation, serial number, and stamp value immediately upon filing; lack of endorsement may affect registration. [Rule 20(2)]
  • Copies - Every proceeding or document must be accompanied by copies on plain paper for each defendant or respondent unless dispensed with; non-compliance may result in non-admission. [Rule 20(4)]
  • Registration - Proper examination and registration of pleadings are mandatory; where documents are found defective, they may be returned or rejected. [Rule 22]
  • Verification - All pleadings, applications, and petitions must be verified in accordance with CPC provisions; unverified documents may be rejected or not admitted. [Rule 21]
  • Filing by Advocates - Advocates or recognized agents can file or present documents on behalf of parties; unauthorized filings are invalid. [Rule 27(1)]
  • Copies for Strangers - Applications by strangers for copies of proceedings require court order and purpose declaration; strict compliance is enforced. [Rules 129, 226]
  • Impounding of Documents - Courts have authority to impound or reject documents that do not meet formal requirements or are irregular. [Section 104 Cr.P.C., Rule 146]
  • Electronic Filing - The Kerala Electronic Filing Rules, 2021, emphasize the importance of proper formatting and digital procedures, aligning with traditional rules. [Rule 5]
  • Procedural Uniformity - The rules aim to ensure uniformity across courts, preventing procedural lapses and ensuring fair trial standards. [Circulars of Kerala Judicial Academy]
  • Rejection of Pleadings - Non-compliance with procedural formalities, such as proper presentation or verification, can lead to rejection under Rules 11, 22, or 23. [Rule 23]
  • Registration of Documents - Proper registration and endorsement are critical; failure to do so can render documents inadmissible or cause delays. [Rules 20, 22]
  • Transfer and Filing of Proceedings - Transfer applications require separate petitions unless explicitly permitted; transfer procedures are governed by Rule 57 and related rules. [Rule 57(3)]
  • Filing by Prisoners - Applications from prisoners through jail authorities are permissible, provided they follow prescribed procedures. [Rule 27(1), Rule 29]
  • Filing of Affidavits - Separate affidavits are required for multiple petitions; a single affidavit for multiple petitions is generally not permissible. [Rule 64]
  • Handling - Proper custody, impounding, and certification of documents are essential to prevent tampering or inadmissibility. [Section 104, Rules 146]
  • Verification of Documents - All documents must be verified as per CPC rules; unverified documents may be rejected or not accepted as evidence. [Rule 21]
  • Special Provisions for Strangers - Applications by third parties or strangers require court permission and purpose declaration; strict adherence is necessary. [Rules 129, 226]
  • Admissibility of Copies - Certified copies are admissible in evidence; unregistered or improperly stamped copies are inadmissible. [Section 35 Stamp Act, Section 49 Registration Act]
  • Handling of Missing Records - When records are lost or misplaced, courts are expected to conduct proper searches and reconstruction procedures. [Rule 146(2)]
  • Procedures for Evidence - Courts are encouraged to record evidence properly, maintain diaries, and follow circular guidelines for efficient proceedings. [Circulars of Kerala Judicial Academy]
  • Appeals and Revisions - Proper presentation and compliance with procedural rules are prerequisites for filing appeals or revisions; non-compliance may lead to dismissal. [Rules 44, 57]
  • Application for Copies - Applications for copies of judgments, orders, or documents must specify purpose; unauthorized or improper applications can be rejected. [Rules 129, 226]
  • Procedural Safeguards - The rules safeguard parties from procedural irregularities, ensuring fair opportunity to present and contest evidence. [Circulars, Rules 146, 226]
  • Legal Consequences - Violations of presentation procedures, such as filing defective pleadings or unendorsed documents, can result in rejection, impoundment, or adverse orders. [Rules 22, 23, 146]

Summary: The Kerala Civil Rules of Practice, 1971, establish a comprehensive framework for the presentation, registration, and management of proceedings and documents before subordinate courts. Strict compliance with these rules ensures procedural integrity, prevents delays, and upholds the principles of natural justice. Any deviation or procedural lapse can have serious legal consequences, including rejection or impoundment of documents, emphasizing the importance of adherence to prescribed procedures.

Note: All references are based on the provided sources and are indicative of the relevant provisions and judicial interpretations.

S.E. ADJOURNMENTS


Legal Commentary on Section E. ADJOURNMENTS of Civil Rules of Practice, 1971 (Kerala)

Introduction

Section E. ADJOURNMENTS of the Civil Rules of Practice, 1971 (Kerala), governs the principles and procedures related to the granting, terms, and limits of adjournments in civil proceedings before courts subordinate to the High Court of Kerala. It aims to balance the need for fair trial with the imperative of expeditious justice, discouraging frivolous delays and ensuring judicial discipline.

What does Section Say

While the exact text of Section E is not provided here, the principles inferred from the rules and judicial pronouncements emphasize:- The court's discretion to grant adjournments, subject to conditions.- All adjournments should be to a specific date (Rule 34).- The reasons for adjournments must be supported by sufficient particulars.- Adjournments should not be granted routinely or without valid cause.- The number of adjournments is limited (generally to three during the hearing).- Costs may be imposed for unnecessary or frivolous adjournments.- Adjournments beyond the prescribed limits require exceptional circumstances and are subject to judicial discretion.

Essential Ingredients

  • Sufficient Cause: The party requesting an adjournment must substantiate valid reasons supported by particulars.
  • Limit on Number: Typically, not more than three adjournments are permitted during the hearing unless exceptional reasons exist.
  • Court's Discretion: The court exercises judicial discretion, balancing fairness and expedition.
  • Costs: The court may impose costs for delay or frivolous adjournments.
  • Timely Decision: The court is expected to decide cases promptly, discouraging unnecessary delays.

Scope of Section

  • Applies to all civil proceedings before subordinate courts.
  • Covers applications for adjournments, extensions, and related orders.
  • Encompasses the principles of natural justice, fairness, and efficiency.
  • Intersects with statutory provisions like Order XVII of CPC and principles of judicial discipline.
  • Also relevant in criminal proceedings where delay and adjournments impact justice delivery.

Punishment for Section

The rules themselves do not prescribe specific punishments; however:- Contempt of Court: Unreasonable or frivolous adjournments may amount to contempt if they obstruct justice.- Costs: Imposition of costs serves as a deterrent.- Imposition of Costs: Courts can penalize parties or advocates for delaying tactics.- Disciplinary Action: Persistent abuse can lead to disciplinary proceedings against advocates or officers.

Legal Comments

  • Discretionary Power - The court's power to grant adjournments is discretionary and must be exercised judiciously, not as a matter of routine [Kan Mal VS Kedar Mal Jagotia].

  • Limit on Adjournments - Generally, more than three adjournments during the hearing are discouraged unless exceptional circumstances justify further delays [Kan Mal VS Kedar Mal Jagotia].

  • Exceptional Circumstances - Adjournments beyond the limit are permissible in cases like natural calamities, serious illness, or other unforeseen events, provided reasons are recorded [Ram Sagar Tiwari VS Ram Lakhan Yadav].

  • Reasons Support - The reasons for adjournments must be supported by sufficient particulars to enable the court to assess their validity [Sadanandan Nair VS Sree Perumanpura Devaswom].

  • Costs as Deterrent - Courts can impose costs for adjournments to discourage frivolous or dilatory tactics, ensuring accountability and expeditious proceedings [01500005901].

  • No Automatic Right - Parties have no automatic right to adjournment; it depends on the merit of the reasons and the court's discretion [Heera Lal VS Municipal Council, Udaipur].

  • Fraudulent or Frivolous Requests - Repeated adjournments on frivolous grounds undermine justice and can lead to adverse consequences including dismissal or costs [Antony VS Joseph].

  • Adjournments and Delay - Excessive adjournments contribute to backlog and delay, which erodes public confidence in the judiciary [Antony VS Joseph].

  • Judicial Vigilance - Courts are duty-bound to prevent misuse of adjournment provisions and to enforce strict adherence to procedural limits [Prasanta Kumar Katoni VS Tuniram Katoni].

  • Impact of Unnecessary Adjournments - Frequent adjournments hinder the swift administration of justice, cause hardship to litigants, and diminish judicial credibility [Biswanath Sutradhar VS Usha Rani Debnath].

  • Role of Advocates - Advocates are expected to cooperate and avoid unnecessary adjournments; persistent delays may attract disciplinary action [MOHAMMAD VS AGGARWAL FINANCE PRIVATE LIMITED].

  • Judicial Policy - Judicial authorities are urged to adopt strict measures, including imposing costs and refusing adjournments without valid reasons, to uphold the principle of speedy justice [K. A. Prem VS K. Madhu].

  • Circumstances Beyond Control - The proviso allows for more than three adjournments in extraordinary cases like natural calamities or sudden illness, provided reasons are recorded [Ram Sagar Tiwari VS Ram Lakhan Yadav].

  • Legal Enforcement - The judiciary has the power, through contempt proceedings or costs, to enforce adherence to procedural limits on adjournments [Vishwas Yeshwant VS Helena Mascarenhas E].

  • Reform and Discipline - Emphasis on judicial discipline and procedural reforms is necessary to curb the abuse of adjournment provisions and promote timely disposal [Sadanandan Nair VS Sree Perumanpura Devaswom].

  • Limitations on Adjournments - The law recognizes that adjournments are not a party's right but are granted only for valid, justified reasons, and must be carefully scrutinized [K. A. Prem VS K. Madhu].

  • Policy of Speedy Justice - The overarching objective of the rules and amendments is to ensure that cases are disposed of without undue delay, maintaining public confidence [K. A. Prem VS K. Madhu].

Summary Bullet Points

  • "Judicial Discretion" - The court's power to grant adjournments must be exercised judiciously, not routinely - [Kan Mal VS Kedar Mal Jagotia].

  • "Limit on Number" - Generally, three adjournments are permissible during the hearing; beyond that, exceptional reasons are needed - [Ram Sagar Tiwari VS Ram Lakhan Yadav].

  • "Exceptional Circumstances" - Natural calamities, illness, or unavoidable events justify further adjournments with reasons recorded - [Sadanandan Nair VS Sree Perumanpura Devaswom].

  • "Support of Reasons" - The grounds for adjournments must be supported by sufficient particulars to justify the delay - [Sadanandan Nair VS Sree Perumanpura Devaswom].

  • "Imposition of Costs" - Courts can impose costs to deter frivolous adjournments and ensure accountability - [01500005901].

  • "No Automatic Right" - Parties do not have an absolute right to adjourn; it depends on valid reasons and judicial discretion - [Heera Lal VS Municipal Council, Udaipur].

  • "Frivolous or Frustrating Delays" - Repeated adjournments on frivolous grounds are condemned and can lead to penalties or dismissal - [Antony VS Joseph].

  • "Impact on Justice" - Excessive adjournments delay justice, increase backlog, and erode public confidence - [Biswanath Sutradhar VS Usha Rani Debnath].

  • "Judicial Vigilance" - Courts must enforce procedural limits strictly and prevent misuse of adjournment provisions - [Prasanta Kumar Katoni VS Tuniram Katoni].

  • "Advocates' Responsibility" - Advocates are expected to cooperate and avoid unnecessary delays; misconduct can attract disciplinary action - [MOHAMMAD VS AGGARWAL FINANCE PRIVATE LIMITED].

  • "Speedy Disposal" - Rules aim at swift case disposal; adjournments should be granted only in genuine, exceptional cases - [K. A. Prem VS K. Madhu].

  • "Adherence to Procedure" - Strict compliance with procedural limits on adjournments is essential for judicial discipline - [Sadanandan Nair VS Sree Perumanpura Devaswom].

  • "Inordinate Delays" - Excessive adjournments contribute to delays and backlog, affecting the integrity of the justice system - [Yashpal Jain VS Sushila Devi].

  • "Reform Measures" - Judicial reforms include imposing costs, limiting adjournments, and strict enforcement of rules - [K. A. Prem VS K. Madhu].

  • "Natural Justice" - Adjournments should not compromise the principles of natural justice but should be justified and justified in writing - [Kan Mal VS Kedar Mal Jagotia].

References

Legal Comments- "Judicial Discretion" - The court's power to grant adjournments must be exercised judiciously, not as a routine, to prevent delay - [Kan Mal VS Kedar Mal Jagotia].- "Limit on Adjournments" - Generally, three adjournments are permitted; beyond that, exceptional reasons are necessary - [Ram Sagar Tiwari VS Ram Lakhan Yadav].- "Exceptional Circumstances" - Natural calamities, serious illness, or unavoidable events justify further adjournments with reasons recorded - [Sadanandan Nair VS Sree Perumanpura Devaswom].- "Support of Reasons" - Grounds for adjournments must be supported by sufficient particulars to justify delays - [Sadanandan Nair VS Sree Perumanpura Devaswom].- "Costs as Deterrent" - Courts can impose costs for unnecessary adjournments to promote discipline and expeditious justice - [01500005901].- "No Automatic Right" - Parties do not have an absolute right to adjourn; it depends on valid, exceptional reasons - [Heera Lal VS Municipal Council, Udaipur].- "Frivolous Delays" - Repeated adjournments on frivolous grounds undermine justice and can lead to penalties - [Antony VS Joseph].- "Impact on Justice" - Excessive adjournments delay justice, increase backlog, and erode public confidence - [Biswanath Sutradhar VS Usha Rani Debnath].- "Judicial Vigilance" - Courts must strictly enforce procedural limits and prevent misuse of adjournment provisions - [Prasanta Kumar Katoni VS Tuniram Katoni].- "Advocates' Responsibility" - Advocates should cooperate and avoid unnecessary delays; misconduct can attract disciplinary action - [MOHAMMAD VS AGGARWAL FINANCE PRIVATE LIMITED].- "Speedy Disposal" - Rules aim at swift case disposal; adjournments should be granted only on genuine, exceptional grounds - [K. A. Prem VS K. Madhu].- "Adherence to Procedure" - Strict compliance with limits on adjournments is necessary for judicial discipline - [Sadanandan Nair VS Sree Perumanpura Devaswom].- "Inordinate Delays" - Excessive adjournments cause delays and backlog, affecting the credibility of justice - [Yashpal Jain VS Sushila Devi].- "Reform Measures" - Judicial reforms include imposing costs, limiting adjournments, and strict enforcement of rules - [K. A. Prem VS K. Madhu].- "Natural Justice" - Adjournments should not violate natural justice principles but must be justified and recorded - [Kan Mal VS Kedar Mal Jagotia].

S.A. GENERAL


Legal Commentary on Section A: GENERAL of the Civil Rules of Practice, 1971 (Kerala)

Introduction

Section A of the Civil Rules of Practice, 1971 (Kerala) broadly encompasses the general principles, scope, and procedural guidelines that govern civil proceedings before subordinate courts and the High Court. It lays down foundational rules for filing, conduct, and management of civil cases, ensuring procedural uniformity, efficiency, and fairness in judicial administration.

What Does Section Say

Section A provides the overarching framework for civil procedure, including definitions, applicability of rules, conduct of parties, and procedural essentials. It emphasizes the importance of procedural discipline, proper documentation, and adherence to prescribed formats. Notably, it clarifies the applicability of civil rules to subordinate courts and sets the tone for the conduct of civil litigation.

Essential Ingredients

  • Scope of Applicability: Civil Rules of Practice are primarily applicable to subordinate civil courts, with specific provisions extending or limiting their scope.
  • Procedural Uniformity: Ensures that civil proceedings follow a standardized process, including filing, service, evidence, and judgment.
  • Documentation and Filing: Clear guidelines on how pleadings, affidavits, and other documents should be prepared and filed.
  • Court Management: Rules regarding the maintenance of diaries, records, and registers (e.g., 'A' diary).
  • Judicial Conduct: Principles for the conduct of proceedings, including the handling of documents, evidence, and appeals.
  • Procedural Flexibility: Provision for procedural flexibility in special circumstances, such as urgent matters or miscellaneous proceedings.

Scope of Section

  • Limited to Civil Courts: The rules primarily govern subordinate civil courts; the High Court’s own procedures are governed by the Kerala High Court Act and Rules.
  • Procedural Framework: Provides a comprehensive procedural code supplementing the Civil Procedure Code (CPC) for effective case management.
  • Extensions & Limitations: Certain provisions extend to tribunals and other quasi-judicial bodies; others are explicitly restricted to civil courts.
  • Interaction with CPC & Other Laws: The rules interface with the CPC, Evidence Act, and other statutes, ensuring coherence in civil litigation.

Punishment for Section

There are no specific penal sanctions prescribed within Section A itself. However, violations of procedural rules may result in:- Dismissal of applications or appeals.- Rejection of pleadings or documents.- Cost impositions or contempt proceedings under the Contempt of Courts Act, 1971.- Dismissal of cases or rejection of evidence if procedural norms are flagrantly violated.

Legal Comments

  • Applicability - The Civil Rules of Practice, 1971, primarily govern subordinate civil courts, ensuring procedural uniformity across Kerala’s civil judiciary. They do not directly govern the High Court’s procedures, which are separately regulated by the Kerala High Court Act and Rules. [Rule 382 of Civil Rules of Practice, 1971]

  • Scope Limitation - The Rules are designed to streamline civil proceedings, including pleadings, evidence, and appeals, but are not meant to override substantive law or the Civil Procedure Code, except where explicitly stated. [Rule 57 of Civil Rules of Practice]

  • Filing & Documentation - Strict adherence to prescribed formats for pleadings, affidavits, and applications is mandated. For instance, pleadings must contain a cause title as per Form No. 1, and affidavits should support multiple petitions only when permitted. [Rule 146(2) of Civil Rules of Practice]

  • Diary Maintenance - The Court is required to maintain a general diary ('A' diary) recording judicial work, signed by the Presiding Officer, to ensure transparency and accountability. [Rule 382 of Civil Rules of Practice]

  • Procedural Flexibility - The Rules allow some flexibility, such as the filing of separate applications for transfer of cases, but emphasize the importance of clarity and procedural discipline. [Rule 57 of Civil Rules of Practice]

  • Communication & Notices - The Rules specify the manner of serving notices, filing appeals, and communicating orders, including the necessity of process fees and proper documentation. [Rules 60-67 of Civil Rules of Practice]

  • Evidence & Handling - The Rules prescribe procedures for handling evidence, including the production, opposition, and memorandum of witnesses, ensuring the integrity of judicial evidence. [Rule 146(2) of Civil Rules of Practice]

  • Appeals & Revisions - The Rules stipulate the procedure for filing appeals, including the requirement of printed copies of judgments and the conditions for their acceptance or rejection. [Rules 255-271 of Civil Rules of Practice]

  • Judicial Discipline & Accountability - The Rules emphasize that courts shall sit within prescribed hours, conduct proceedings in an orderly manner, and maintain records diligently to uphold judicial discipline. [Rules 60-67 of Civil Rules of Practice]

  • Interaction with RTI & Transparency - Though the Rules of Practice do not explicitly address the Right to Information Act, 2005, judicial transparency is maintained through the maintenance of diaries, records, and procedural rules, with specific provisions restricting access to judicial proceedings to protect sanctity and independence. [Rule 12 of RTI (Subordinate Courts and Tribunals) Rules, 2006]

  • Procedural Integrity & Limitations - The Rules prohibit unauthorized practice, such as transmitting proceedings in personal capacity or filing unsupported affidavits, reinforcing the integrity of judicial processes. [Rule 27(1) of Civil Rules of Practice]

  • Enforcement & Sanctions - Non-compliance with procedural rules may lead to rejection of applications, costs, or contempt proceedings, ensuring adherence to procedural discipline. [Section 12 of Contempt of Courts Act, 1971]

  • Interaction with Other Laws - The Rules interface with the CPC, Evidence Act, and other statutes, ensuring procedural harmony. For example, the Rules specify that the Civil Court is not empowered to issue certificates where the law does not permit, maintaining legal consistency. [Rule 120 of Civil Rules of Practice]

  • Procedural Changes & Revisions - The Kerala High Court periodically updates these Rules, including deletions (e.g., Rules 255-271 in 2000), to adapt to evolving judicial needs, emphasizing the importance of compliance with current procedural standards. [Notification dated 26.4.2000]

  • Special Provisions for Miscellaneous & Urgent Proceedings - The Rules recognize the need for expedited procedures in urgent cases, allowing for interim orders and simplified filing processes, provided procedural safeguards are maintained. [Rule 60-67]

  • Judicial Oversight & Supervision - The Rules reinforce the High Court’s supervisory jurisdiction under Article 227 of the Constitution, enabling it to ensure procedural compliance and correct irregularities. [Reference to Article 227 and Rule 382]

  • Legal & Procedural Discipline - Overall, the Rules aim to uphold the dignity, discipline, and efficiency of the judiciary by prescribing clear procedural norms, fostering transparency, and deterring misconduct.

Summary Bullet Points

  • "Scope" - The Rules govern subordinate civil courts but not the High Court’s own procedures. [Rule 382]
  • "Applicability" - They supplement CPC and are applicable to pleadings, evidence, appeals, and court management. [Rule 57, 146(2)]
  • "Diaries" - Courts must maintain a signed 'A' diary recording judicial work. [Rule 382]
  • "Filing" - Pleadings and affidavits must conform to prescribed formats; separate affidavits required for multiple petitions. [Rules 146(2), 255-271]
  • "Appeals" - Printed judgments are no longer mandatory; appeals are disposed of based on current rules. [Rules 255-271]
  • "Evidence" - Court procedures for handling evidence and documents are outlined to ensure integrity. [Rule 146(2)]
  • "Transfers" - Separate applications are necessary for transfer of proceedings; the Rules specify procedure. [Rule 57]
  • "Service & Notices" - Service of notices and communication of orders must follow prescribed modes, including process fees. [Rules 60-67]
  • "Judicial Conduct" - Courts shall sit within specified hours and conduct proceedings orderly. [Rules 60-67]
  • "Contempt & Sanctions" - Violations may lead to contempt proceedings, costs, or rejection of applications. [Section 12 of Contempt Act]
  • "Supervisory Power" - The High Court retains supervisory jurisdiction under Article 227 to ensure procedural compliance. [Rule 382]
  • "Procedural Updates" - Rules are periodically amended to reflect evolving judicial needs, including deletions and revisions. [Notification 26.4.2000]
  • "Limitations" - The Rules do not override substantive law but aim to streamline procedural aspects.
  • "Interaction with RTI" - Judicial records are protected from unnecessary disclosure under the RTI Act, maintaining judicial independence. [Rule 12 of RTI Rules]
  • "Enforcement" - Non-compliance can lead to rejection, costs, or contempt proceedings, reinforcing discipline. [Section 12 of Contempt Act]
  • "Special Proceedings" - Urgent and miscellaneous proceedings have provisions for expedited handling. [Rules 60-67]

Conclusion

Section A of the Civil Rules of Practice, 1971 (Kerala), establishes the procedural backbone for civil litigation in subordinate courts, emphasizing uniformity, discipline, and judicial accountability. While it does not replace substantive law, it ensures that civil proceedings are conducted efficiently, transparently, and in accordance with established norms, with mechanisms for oversight and correction by the High Court.

Note: The above commentary synthesizes information from the provided sources, aligning with relevant rules and judicial principles.

S.F. PAYMENT AND SATISFACTION


Legal Commentary on Section F. PAYMENT AND SATISFACTION of Civil Rules of Practice, 1971 (Kerala)

Introduction

Section F. of the Civil Rules of Practice, 1971 deals with the procedures and principles governing the payment into court, satisfaction of decrees, and related costs. It provides the framework for ensuring proper enforcement of judgments and orders, emphasizing the importance of timely and lawful payment, and delineates the procedural safeguards for parties involved.

What does Section Says

Section F prescribes that all payments made in satisfaction of a decree must be made into court, specifying the manner, timing, and documentation required. It also sets out rules for the realization of amounts, the procedure for withdrawal, and the manner of recording satisfaction. The section aims to secure transparency, accountability, and legality in the enforcement process.

Essential Ingredients

  • Obligation to pay into court in satisfaction of decrees
  • Procedure for payment and realization
  • Certification of satisfaction by the court
  • Payment of costs and expenses associated with execution
  • Rules for withdrawal of amounts and transfer of funds
  • Safeguards against improper or illegal payments
  • Record-keeping and documentation requirements
  • Enforcement of court orders for payment

Scope of Section

Section F applies to all civil suits and proceedings where a decree or order mandates payment, including cases of recovery, settlement, or satisfaction of claims. It covers payments made by parties, third parties, or through agents, and extends to enforcement agencies and officers executing court orders. It also interacts with other procedural rules regarding costs, execution, and appeals.

Punishment for Section

Non-compliance with the provisions of Section F, such as failure to pay into court or improper withdrawal, can lead to contempt proceedings, court penalties, or sanctions. Additionally, proceedings initiated for recovery of amounts paid unlawfully or in violation of court orders may result in civil or criminal liability, including penalties under the Contempt of Courts Act.

Legal Comments

  • Payment into Court - Mandatory requirement for satisfaction of decree; ensures transparency and prevents unauthorized disbursement [Kerala Civil Rules of Practice, 1971, Rule 352].

  • Realization of Amounts - Court has full authority to direct the amount to be paid by the judgment debtor or third parties; safeguards against illegal or improper payments [Kerala Civil Rules of Practice, 1971, Rule 354].

  • Costs and Expenses - Court can order the payment of costs, including advocate’s fees, court fees, and incidental expenses, which must be paid into court and recorded properly [Kerala Civil Rules of Practice, 1971, Rules 195, 196].

  • Payment Methods - Payments can be made through cash, cheque, demand draft, or electronic means, subject to court regulations; proper documentation is essential [Kerala Civil Rules of Practice, 1971, Rules 218, 219].

  • Payment Documentation - Payment receipts, challans, or acknowledgment slips are required for proof of payment; failure to produce proper proof may hinder satisfaction proceedings [Kerala Civil Rules of Practice, 1971, Rule 239].

  • Satisfaction of Decree - Court's certificate of satisfaction is conclusive evidence; it marks the end of the decree’s enforceability and prevents subsequent claims [Kerala Civil Rules of Practice, 1971, Rule 240].

  • Withdrawal of Funds - Parties entitled to withdraw amounts paid into court must do so through proper application and in accordance with court procedures; unauthorized withdrawal may be penalized [Kerala Civil Rules of Practice, 1971, Rule 269].

  • Enforcement of Payment Orders - Court has the power to issue warrants, garnishee notices, or attachment orders to enforce payment; failure to comply may attract contempt proceedings [Kerala Civil Rules of Practice, 1971, Rule 271].

  • Interest on Delayed Payments - Courts may award interest on amounts paid late or unlawfully withheld, often as per statutory provisions or judicial discretion [Kerala Civil Rules of Practice, 1971, Rule 57-E].

  • Cost of Non-Compliance - Parties failing to comply with payment orders may be penalized with fines, imprisonment, or contempt proceedings, emphasizing the importance of adherence [Section 115 of the CPC, Contempt of Courts Act].

  • Payment by Agents or Representatives - Agents authorized through power of attorney or other written authority can make payments on behalf of parties; proper documentation of authority is necessary [Kerala Civil Rules of Practice, 1971, Rule 23].

  • Payment in Satisfaction of Decree - Payment must be made in accordance with the terms of the decree; partial or improper payments can be challenged or require court approval [Kerala Civil Rules of Practice, 1971, Rule 354].

  • Judicial Discretion - Courts retain discretion to accept or reject payments, order adjustments, or direct further proceedings to ensure justice and compliance [Kerala Civil Rules of Practice, 1971, Rule 382].

  • Cost of Enforcement - The costs incurred in executing or enforcing payment orders, including legal expenses, are recoverable from the defaulting party [Kerala Civil Rules of Practice, 1971, Rule 271].

  • Legal Validity of Payment - Payments made without following prescribed procedures or without proper documentation may be invalid, leading to disputes or re-initiations [Kerala Civil Rules of Practice, 1971].

  • Interaction with Other Laws - Section F interacts with the Civil Procedure Code, the Court Fees Act, and other statutes governing execution, costs, and enforcement mechanisms [Section 38, 39 of CPC].

  • Procedural Safeguards - The rules ensure that payments are made lawfully, recorded accurately, and are subject to judicial review to prevent abuse or fraud [Kerala Civil Rules of Practice, 1971].

  • Modernization and Electronic Payments - Recent amendments and rules facilitate electronic payments, making the process more efficient, transparent, and less susceptible to manipulation [Electronic Filing Rules, Kerala, 2021].

This concise commentary underscores the importance of procedural compliance, transparency, and judicial oversight in the payment and satisfaction processes as mandated by Section F of the Civil Rules of Practice, 1971 (Kerala). Proper adherence safeguards the rights of parties, upholds the rule of law, and ensures effective enforcement of court orders.

S.G. AFFIDAVITS


Legal Commentary on Section G. AFFIDAVITS under the Civil Rules of Practice, 1971 (Kerala)

Introduction

Section G of the Civil Rules of Practice, 1971 (Kerala) deals with the procedural framework governing affidavits in civil proceedings within the State of Kerala. Affidavits serve as a crucial evidentiary tool, containing sworn statements that assist courts in adjudicating matters without the necessity of oral testimony in every instance. The rules under this section prescribe the manner in which affidavits are to be sworn, affirmed, filed, and contested.

What the Section Says

Section G of the Civil Rules of Practice, 1971 (Kerala) provides for:

  1. The swearing or affirming of affidavits before authorized persons
  2. The format and content requirements of affidavits
  3. The grounds of belief and particularity required for statements
  4. The procedure for filing counter affidavits
  5. The curing of defects in defective pleadings or proceedings

Essential Ingredients

  • Affidavits must be sworn or affirmed before a proper authority
  • The declarant must speak directly and positively to facts within their knowledge
  • Grounds of belief must be stated with sufficient particularity
  • Counter affidavits are permitted to be filed by opposing parties
  • The word 'affidavit' includes any document required to be sworn

Scope of Section

  • Applies to all civil proceedings in Kerala courts
  • Covers swearing/affirming before judicial officers, District/Sub Registrars, and chief ministerial officers
  • Includes procedural aspects like curing defects in insufficiently stamped or undervalued proceedings
  • Governs the submission of counter affidavits

Punishment for Section

The sources do not expressly prescribe a specific punishment under Section G. However, defective affidavits or insufficiently stamped proceedings may be returned, rejected, or subjected to curing procedures.

Legal Comments

  • Swearing Authority - Affidavits may be sworn or affirmed before any judicial officer, a District Registrar or Sub Registrar, the chief ministerial officer of any civil or criminal court.

  • Interpretation of 'Affidavit' - The word 'affidavit' in this chapter shall include any document required to be sworn.

  • Grounds of Belief - The grounds of belief must be stated with sufficient particularity to enable the Court to judge whether it would be safe to act on the affidavit.

  • Direct and Positive Statement - When the declarant in any affidavit speaks to any fact within his own knowledge, he must do so directly and positively, using "I affirm" (or "make oath") "and say".

  • Commissioners of Affidavits - All Sheristadars shall be ex-officio Commissioners of affidavits in respect of matters and causes arising within the jurisdiction of the court.

  • Counter Affidavits - The parties to whom copies of affidavits have been given shall be entitled to file counter affidavits.

  • Curing of Defects - Any plaint, petition, memorandum of appeal, or other proceedings which is insufficiently stamped or undervalued may be cured under the rules.

  • Rule 234 Applicability - Rule 234 of the Civil Rules of Practice can be considered as a rule framed under the Act.

  • Rule 239 on Copies - Rule 239 of the Civil Rules of Practice, Kerala, 1971 deals with applications for copies of proceedings or documents.

  • Application for Copies - Every application for a copy of a proceeding or document filed in or in the custody of a Court shall be presented by the applicant or his pleader.

  • Copy Applications by Strangers - Except in cases of judgments, applications for copies by strangers to the proceedings require special consideration.

  • Rule 240 Provisions - Rule 240 of the Civil Rules of Practice, Kerala, 1971 deals with specific procedures relating to copies.

  • Execution Petition Return - Order 21 Rule 6 CPC and Rule 273 of the Civil Rules of Practice, Kerala govern the return of execution petitions.

  • Permissive Procedure - All procedure should be deemed to have been permitted unless prohibited in the High Court Rules, 1971 (Kerala).

  • Format Requirements - All petitions, affidavits, memoranda of appeal and other proceedings presented to the Court shall be written in blue-black ink, or type-written or printed.

  • Agency Appearance - When a party appears by any agent, other than an advocate, the agent shall do so only after making proper application.

  • Regulatory Framework - The Civil Rules of Practice, 1971 work in conjunction with the Rules of the High Court of Kerala, 1971 which came into force on a date appointed by the Chief Justice.

  • Textual Authority - The Civil Rules of Practice, Kerala are compiled and published by Kerala Law Times, Ernakulam (1971 edition).

  • Judicial Interpretation - The Kerala High Court has cited Rule 234 in multiple judgments, confirming its procedural validity.

S.F. INTERLOCUTORY PROCEEDINGS


Legal Commentary on Section F: Interlocutory Proceedings under the Civil Rules of Practice, 1971 (Kerala)

Introduction

The Civil Rules of Practice, 1971 (Kerala) provides the procedural framework for the conduct of civil proceedings in the State of Kerala. Section F, dealing with "Interlocutory Proceedings," governs applications made to the court during the pendency of a suit, appeal, or other proceeding, which are not final determinations but steps in the procedural journey toward the final adjudication of the case.

What the Section Says

Section F of the Civil Rules of Practice, 1971 (Kerala) primarily provides that any party who desires the hearing of a matter to be advanced may apply by way of an interlocutory application, and notice of such application shall be given to the other party. The term "Interlocutory application" is defined as an application to the court in any suit, appeal, or proceeding already instituted, other than a proceeding for execution of a decree or for review of judgment [: Sources 2, 4, 9].

Essential Ingredients

Based on the available sources, the essential ingredients of an interlocutory application under Section F include:

  1. Existence of a pending proceeding – The application must be made in a suit, appeal, or proceeding already instituted in the court.
  2. Not a final proceeding – It excludes proceedings for execution of a decree or for review of judgment.
  3. Notice requirement – Notice of the application must be given to the other party.
  4. Purpose – Typically to seek advancement of hearing or other interim relief.

Scope of Section

The scope of Section F extends to any application made to a civil court during the pendency of a suit, appeal, or proceeding. It covers a wide range of procedural matters that require court intervention before the final disposal of the case. The definition under Rule 5 of the Civil Rules of Practice specifically identifies what constitutes an interlocutory application [: Sources 3, 9].

Punishment for Section

The provided sources do not contain specific information regarding any punishment or penalty provisions under Section F of the Civil Rules of Practice, 1971 (Kerala). Accordingly, this point is not addressed herein.

Legal Comments

  • Definition – Interlocutory application means an application to the court in any suit, appeal, or proceeding already instituted, excluding execution or review proceedings [: Source 4].
  • Purpose – Any party desiring advancement of hearing may apply through an interlocutory application [: Source 1].
  • Notice Requirement – Notice of the interlocutory application must be given to the other party [: Source 1].
  • Procedural Step – An interlocutory order is a step in the procedure that leads to the final decree [: Source 31].
  • Appealability – An interlocutory order, if not appealed against, can be a ground in the appeal arising out of the final decree [: Source 31].
  • Scope of Application – Applies to all civil courts under the provisions of the Civil Rules of Practice [: Source 2].
  • Excluded Proceedings – Does not include applications for execution of a decree or review of judgment [: Source 9].
  • Pending Proceedings – Must be in respect of a suit, appeal, or proceeding already instituted in the court [: Source 4].
  • Rule 5 Definition – Rule 5 of the Civil Rules of Practice specifically defines "Interlocutory Application" [: Source 3].
  • Procedural Nature – The rules are made under the Code of Civil Procedure and govern court procedure [: Source 9].
  • High Court Rules – The contention that all procedure should be deemed permitted unless prohibited under the High Court Rules, 1971 (Kerala) has been judicially considered [: Source 17].
  • Advancement of Hearing – The primary relief sought is often for advancement of the hearing date [: Source 1].
  • Notice to Opposite Party – Mandatory requirement to give notice ensures audi alteram partem principle [: Source 1].
  • Copy Applications – Applications for copies of proceedings are separate from interlocutory applications under this section [: Source 27].
  • Case Management – The number of cases posted per day should not exceed what can reasonably be expected to be taken up [: Source 19].
  • General Diary – Rule 382 requires maintenance of a general diary in all suits, appeals, and miscellaneous proceedings [: Source 7].
  • Inspection – Parties have the right to inspect any document filed in court under Rule 111 of the Civil Rules of Practice [: Source 30].
  • Regulatory Framework – The Commission for Backward Classes may also make regulations for procedure, which operate separately [: Source 5].
  • Court Fees – Questions relating to court fees are to be heard and decided before evidence is recorded on merits [: Source 10].
  • Judicial Interpretation – Interlocutory orders are considered procedural steps and are not final determinations of rights [: Source 31].

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