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Chartered High Courts & Miscellaneous

The Code of Civil Procedure, 1908 : Chartered High Courts

ORDER XLVIII-MISCELLANEOUS

1. Process to be served at expense of party issuing

1. Process to be served at expense of party issuing— (1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs.

(2) Costs of service—The court-fee chargeable for such service shall be paid within a time to be fixed before the process is issued.

2. Orders and notices how served

2. Orders and notices how served— All orders, notices and other documents required by this Code to be given to or served on any person shall be served in the manner provided for the service of summons.

3. Use of forms in appendices

3. Use of forms in appendices.— The forms given in the appendices, with such variation as the circumstances or each case may require, shall be used for the purpose therein mentioned.

ORDER XLIX-CHARTERED HIGH COURTS

1. Who may serve processes of High Court

1. Who may serve processes of High Court— Notice to produce documents, summonses to witnesses, and every other judicial process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to defendants, writs of execution and notices to respondents may be served by the attorneys in the suits, or by persons employed by them, or by such other persons as the High Court, by any rule or order, directs.

2. Saving in respect of Chartered High Courts

2. Saving in respect of Chartered High Courts— Nothing in this Schedule shall be deemed to limit or otherwise affect any rules in force at the commencement of this Code for the the taking of evidence or the recording of judgments and orders by a Chartered High Court.

3. Application of rules

3. Application of rules— The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely:—

(1) rule 10 and rule 11, clauses (b) and (c), of Order VII;

(2) rule 3 of order X;

(3) rule 2 of Order XVI;

(4) rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of Order XVIII;

(5) rules 1 to 8 of Order XX; and

(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum);

and rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.

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