Delhi High Court (original Side) Rules, 2018

DEL HI HI GH COURT
(ORI GI NAL SI DE)
RUL ES, 2018

INDEX

DELHI HIGH COURT (ORIGINAL SIDE) RULES, 2018

CHAPTER I

GENERAL

1. Preface

1

2. Short title

2

3. Commencement

2

4. Application

2

5. Definitions

2

6. Steps to be taken in the Registry

3

7. Period how calculated

3

8. Forms to be used

3

9. How decree, order, writ etc. to run

3

10. Official Seal

4

11. Custody of Records

4

12. Hours of Sitting

4

13. Office Hours

4

14. Process and copying fee

4

15. Court’s power to dispense with compliance with the Rules

4

16. Application for the above purpose

4

17. Inherent power of the Court not affected

4

18. Miscellaneous

4

CHAPTER II

EXERCISE OF ORIGINAL CIVIL JURISDICTION

1. Jurisdiction to be exercised by a Single Judge

5

2. Reference of two or more Judges

5

3. Powers of the Registrar

5 – 9

4. Expeditious disposal

9

5. Appeal against the Registrar’s orders

9

6. Delegation of the Registrar’s Powers

9

CHAPTER III

FORM OF PLEADINGS

1. Proceedings how written

9

2. Endorsements and verification

10

3. Particulars to be stated in address for service

10

4. Initialing alteration etc.

10

5. Translation of documents

11

6. Service of petitions under the Arbitration and Conciliation Act, 1996

11

7. Non-filing clause

11

CHAPTER IV

PRESENTATION OF PLEADINGS; OTHER DOCUMENTS; AND

MAINTENANCE OF CASE FILES

1. Presentation at the counter

12

2. Endorsement and scrutiny of documents

12

3. Defective pleading / document

13

4. Registration of proceedings admitted

13

5. Matters to be entered into the Database

13

6. Ex-parte amendments

13

7. Issuance of summons

13

8. Arrangement of record in pending matters

14

9. Contents of main file or Part I of the suit record

14

10. Interlocutory applications’ file or Part II of the suit record

15

11. Documents’ file or Part III of the suit record

15

12. Evidence File or Part IV of the suit record

15

13. Miscellaneous file or Part V of the suit record

16

14. Execution file

16

15. Distribution to proper files

16

16. Order sheet

16

CHAPTER V

VAKALATNAMA

1. Execution and filing of Vakalatnama

16

2. Certificate of fee

17

3. Endorsement in Vakalatnama

17

4. Notice of determination of authority of Advocate

17

5. Notice of discharge to a client

18

CHAPTER VI PROCESSES/NOTICES ETC. 1. Service of notice 2. Time for payment of process fee and consequence of non-payment 3. Power to dismiss for non-prosecution 4. Full address to be given of persons on whom process to be served 5. Returnable date of summons 6. Expeditious issue of processes 7. Process to be served after identification of party 8. Endorsement of identifier on the original process 9. Procedure where defendant refuses to accept service or cannot be found 10. Returns of service 11. Service by affixing to outer door 12. Notice where summons is affixed to outer door 13. Inquiry as to sufficiency of service 14. Registrar to execute or to cause to be executed process 15. Noting of date on processes 16. Service on the Advocates of parties 17. Affidavit of service 18. Service through another Court 19. Practice Directions – Issuance of summons

18 19 19 19 19 19-20 20 20 20 20-21 21 21 21 21-22 22 22 22 22 22

CHAPTER VII

APPEARANCE BY DEFENDANT, WRITTEN STATEMENT, SET OFF AND

COUNTER-CLAIM

1. In default of appearance by defendant suit to be posted for hearing

22

2. Procedure when defendant appears

22-23

3. Affidavit of admission/denial of documents along with written statement

23

4. Extension of time for filing written statement

23

5. Replication

23-24

6. Affidavit of admission/denial of documents with replication 7. Affidavit of admission/denial of documents, even if replication not filed 8. Cost where document denied without just reason or cause 9. Orders as to claims for set-off 10. Counter-claim by defendant 11. Counter-claim to be specifically pleaded 12. Proceeding with the counter-claim where suit is stayed etc. 13. Order XX Rule 19 of the Code to apply to decree in such suits 14. No documents to be filed after completion of pleadings
CHAPTER VIII DISCOVERY, INSPECTION AND INTERROGATORIES 1. Applications for Discovery, Inspection and Interrogatories by plaintiff 2. Applications for Discovery, Inspection and Interrogatories by defendant 3. Service of such applications
CHAPTER IX MEDIATION/SETTLEMENT, JUDGMENT WITHOUT RECORDAL OF EVIDENCE, EXAMINATION OF PARTIES AND
FRAMING OF ISSUES 1. Reference to Alternate Dispute Resolution mechanism 2. Personal appearance 3. Judgment at the first hearing 4. Examination of parties etc. at the first hearing 5. Examination to be recorded 6. Disposal of the matter at the first hearing
CHAPTER X INTERLOCUTORY APPLICATIONS 1. Form 2. Contents of applications 3. Listing 4. Urgent Listing
CHAPTER XI EVIDENCE AND WITNESSES 1. Evidence 2. List of witnesses 3. Form of List of witnesses 4. Language of witness 5. Scrutiny of witnesses by court 6. Expert witnesses 7. Summoning of witnesses 8. Process, travelling expense, boarding and lodging of out station witnesses 9. Witnesses-Part B 10. Recall of witness 11. Objections to exhibition of documents 12. Failure to summon or examine summoned witness 13. Evidence of outstation witnesses 14. Cost of adjournment

24 24 24 24 24 24-25 25 25 25
25 25 25
26 26 26 26 26 26-27
27 27-28 28 28
28 28-29 29 29 30 30 30-31 31 31-32 32 32 32 32 32

15. Power to proceed with hearing of suit 16. Re-attendance of witnesses on adjourned hearing 17. Production of public document 18. Return of original public record after its production in evidence 19. Suo motu power to Court to summon public records 20. Party to appear first 21. Court to ascertain time 22. Undertaking from witness 23. Scrutiny of case 24. Reception of electronic evidence 25. Recording of evidence on the basis of electronic record 26. Document filed in sealed cover 27. Court record 28. Manner of recordal of evidence 29. Numbering of witnesses and documents 30. Deposition to be read over and signed by the witness 31. Examination of documents 32. Endorsement on documents 33. Witnesses not to be present in Court during hearing of the suit 34. Exhibits other than in English to be translated 35. Interrogatories to witnesses 36. Official Translator/Interpretor 37. Reception, retrieval, authentication and preservation of Electronic Records 38. Recording of evidence by video conferencing
CHAPTER XII COMMISSIONS 1. Commissions 2. Order to be sent to Commissioner 3. Power of Commissioner to serve 4. Execution of Commission 5. Disclosure of conflict of interest 6. Fee of the Commissioner 7. Particulars of Commissioner(s) Commission to Examine Witnesses 8. Commission to examine witness 9. Examination de bene esse Commissions for Accounts Etc. 10. Commissioner for taking accounts etc. 11. Registrar to send necessary proceedings to Commissioner 12. Commission for taking Accounts how executed 13. Notice of filing of report; Filing objections thereto 14. Foreign Commissions
CHAPTER XIII ADJOURNMENTS 1. Adjournments to be to a day certain
CHAPTER XIV COMPROMISE IN PAUPER SUITS, HEARING IN FINAL MATTERS,
PRONOUNCEMENT OF

32-33 33 33 33 33 33-34 34 34 34 34 34-35 35 35 35 35 36 36 36 36 36 36 37 37 37
37 37 37-38 38 38 38 38
38-40 40
40 40 40-41 41 41
41

ORDERS, JUDGMENTS AND DRAWING OF DECREES 1. No compromise without leave of Court in pauper suits 2. Hearing in final matters 3. Recording of time during final hearing 4. Written judgment of one or more Judges how pronounced 5. When any suit or matter is heard by two or more Judges 6. Findings of Court to be read out 7. Payment of costs – a condition precedent for bringing a fresh suit 8. Settling of draft of decree 9. Copies of decrees to Collector in case of pauper costs 10. Errors how rectified after decree sealed

CHAPTER XV SUITS BY OR AGAINST MINORS AND PERSONS OF
UNSOUND MIND 1. Admission of next friend to bring a suit 2. Next friend to file address for service 3. List of all likely guardians ad litem to be filed 4. Address for service of guardian ad litem 5. Application of Rules 1 to 4 to persons of unsound mind and to appeals and
applications

1. Summary Suits

CHAPTER XVI SUMMARY SUITS

1. Commercial Suits

CHAPTER XVII COMMERCIAL SUITS

CHAPTER XVIII DATES AND CAUSE LISTS 1. Cause lists 2. Hearing of matters 3. Short cause matter shall include 4. Time slots 5. Final Matters 6. Record to be maintained 7. Format

CHAPTER XIX AFFIDAVITS 1. Proof of facts by affidavits 2. Evidence by affidavit 3. Title 4. Form 5. Contents of affidavit 6. Interpretation of affidavits 7. Before whom affidavits are to be sworn 8. Pardahnashin women 9. Marking, dating and initiating on exhibits

42 42 42 42 42 42-43 43 43 43 43
43-44 44 44 44 44
45
45
45 45 46 46 46 46 46-47
47 47 47 47 47 48 48 48 48

CHAPTER XX RECEIVERS 1. Application for appointment of Receiver to be by petition supported by affidavits 2. Database of Receiver(s) 3. Receiver other than Official Receiver to give security 4. Surety may point out omission or neglect of duty cast on Receiver 5. Receiver to submit report 6. Directions for investment of monies in the hands of the Receiver 7. Notice to surety of application effecting surety’s risk 8. Powers of Receiver 9. Receivers’ remuneration 10. Establishment and costs therefore to be detailed in the appointment order 11. No charge for additional establishment allowed 12. Receiver to file half-yearly Accounts 13. Examining and vouching of Accounts by Registrar 14. Appointment of date for passing Accounts-Notice thereof 15. Objection to report to be filed 16. Passing of Accounts by Court 17. Procedure of hearing of objections 18. Auditing of difficult and complicated Accounts 19. Order as to payment of balance 20. Consequence of Receiver’s negligence to file Accounts or pay the balance etc. 21. Consequence or default by Receiver 22. Rule 8 applicable to manager or guardian 23. Interim Receiver
CHAPTER XXI SECURITY PROCEDURE 1. Security Summons 2. Affidavit of Justification 3. Time for inquiry 4. Production of title deeds etc. and examination 5. Property in respect of which surety may justify 6. More than two sureties irregular 7. Who may be present at the examination 8. Who are not competent sureties 9. Security for costs 10. Custody of securities and security bonds
CHAPTER XXII COURT DEPOSITS AND PAYMENTS 1. Payment of money 2. Notice of payment or deposit to decree-holder or Collector 3. Delivery of securities jewelry or other valuables into Court 4. Application for payment of money etc. 5. Applications to be checked 6. Payment by money order, bank draft, etc. 7. Written authority of client requisite for payment for Advocate 8. Account books to be kept 9. Signing of cheques and checking of Accounts

48 49 49 49 49 49 49-50 50 50-51 51 51 51 51 51 51-52 52 52 52 52 52 52 52 52
53 53 53 53-54 54 54 54 54 54 54
54-55 55 55 55 55 55-56 56 56-57 57

10. Notice to other party
CHAPTER XXIII COSTS & TAXATION OF COSTS 1. Power of Court/Registrar General/Registrar to impose cost 2. Imposition of actual costs 3. Taxing Officer 4. Time for filing Bill of costs 5. Contents of the Bill of costs 6. Evidence for Bill of cost 7. When an Advocate appears for different parties in the same matter 8. Review of taxation only on notice to opposite side 9. No review of taxation of costs, if Bill of costs not filed 10. Costs after taxation 11. Meaning of proportionate costs 12. Costs against multiple plaintiffs/defendants 13. Application to Court for review of taxation 14. Hearing of application under Rule 13
CHAPTER XXIV PROCEEDINGS IN EXECUTION 1. Interpretation Application for Transmission 2. Transmission of decree for execution Application for Execution 3. Application under Order XXI rule 15 of the Code to be supported by affidavit 4. Checking and admission of execution petition 5. Procedure in execution application under Order XXI rule 15 of the Code 6. Procedure when cause not shown 7. Registrar not to issue execution simultaneously against persons and property 8. Application for appointment of receiver in execution of decree MODE OF EXECUTION Execution of Documents 9. Copies of draft to be filed 10. Execution of document under Order XXI, rule 34(5) of the Code ARREST 11. Deposit with warrant of arrest ATTACHMENT AND SALE 12. Application of encumbrancer to be made a party to the suit or to join in the sale 13. Receipt of attached property to be given 14. Deposit of cost for removal or maintenance of property 15. Account to be rendered on demand 16. Restoration of attached property on payment of costs incurred SALE OF ATTACHED PROPERTY 17. Notice regarding sale of guns and other arms, etc., attached 18. Immediate sale of movable property 19. Contents of sale proclamation 20. Appearance judgment debtor 21. Publication of proclamation 22. Copy of sale proclamation to be sent to Collector in case of sale of land 23. Arrest on sale on holidays

57
57-58 58 58 58 58-59 59 59 59 59 59 60 60 60 60
60
60
60-61 61 61 61 61 61
61-62 62
62
62 62 62-63 63 63
63 63-64 64 64 64 64 64

24. Leave to bid and reserved price 25. Sale 26. Postponement of sale or want of sufficient bidding 27. Postponement of sale otherwise than under Rule 26 28. Bidding paper 29. Agent to produce Authority 30. Declaration of purchase 31. Report of sale 32. Time for confirming sale

1. Review

CHAPTER XXV REVIEW

CHAPTER XXVI ELECTION PETITIONS 1. Inclusion of the Rules 2. Defects/Objections in the Election Petitions 3. Endorsements of the Election Petitions

1. E-Filing

CHAPTER XXVII E-FILING

CHAPTER XXVIII ALTERNATIVE DISPUTE RESOLUTION, ARBITRATION AND
MEDIATION 1. Inclusion of the Practice Directions under Arbitration 2. Inclusion of the Practice Directions for the Mediation

CHAPTER XXIX TESTAMENTRY AND INTESTATE JURISDICTION 1. Application for grant of probate or letters of administration 2. Verification 3. Memo of parties 4. Application by creditor 5. Notice 6. Non-contested applications 7. Valuation of property 8. Forms 9. Grant of probate or letters of administration 10. Administration bond

1. Caveat 2. Format

CHAPTER XXX CAVEAT

1. Repeal

CHAPTER XXXI REPEAL AND SAVINGS

64-65 65 65 65 65 65 65-66 66 66
66
66 66 66-67
67
67 67
67 67 68 68 68 68 68 68 68 68-69
69 69
69

2. Effect of Repeal

70

ANNEXURES A-E

A. PRACTICE DIRECTIONS FOR ISSUANCE OF SUMMONS/NOTICES

THROUGH SPEED POST / REGISTERED POST WITH PROOF OF

DELIVERY (POD) IN THE HIGH COURT OF DELHI

B. GUIDELINES FOR THE CONDUCT OF COURT PROCEEDINGS

BETWEEN COURT AND REMOTE SITES – VIDEO CONFERENCING

GUIDELINES ISSUED BY THE HIGH COURT OF DELHI

C. PRACTICE DIRECTIONS FOR ELECTRONIC FILING (E-FILING) IN THE

HIGH COURT OF DELHI

D. PRACTICE DIRECTIONS FOR MEDIATION DATED 12.03.2009

PUBLISHED VIDE NOTIFICATION NO.7/RULES/DHC

E. PRACTICE DIRECTIONS UNDER SECTION 18 OF THE COMMERCIAL

COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE

DIVISION OF HIGH COURTS ACT, 2015