India: Highlights Of The New Delhi High Court (Original Side) Rules, 2018- Part II Of II: A Handbook For Lawyers

Last Updated: 11 June 2018
Article by S.S. Rana & Co. Advocates

In continuation of the highlights of the New Delhi High Court (Original Side) Rules, 2018, the present article deals with the remaining chapters i.e., Chapter XVI to Chapter XXXI of the new rules, which have been implemented from March 01, 2018. The highlights of the remainder of rules is as under-

  • CHAPTER XVI: SUMMARY SUITS

    • Order XXXVII of the Code of Civil Procedure shall apply to suit filed under this Chapter even where the suit is registered as a Commercial suit.
  • CHAPTER XVII: COMMERCIAL SUITS.

    • Insofar as commercial suits are concerned, the present rules are supplementary to the provisions of Chapter II of the Commercial Courts Act or the Code in so far as such provisions apply to the hearing of commercial disputes of a specified value. Practice direction under the Section 18 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act, 2015 have been annexed as Annexure E.
  • CHAPTER XVIII: DATES AND CAUSE LISTS

    • Rule 2- Cases in which evidence to be recorded shall be listed in the category of long cause and those coming up for hearing of the evidence shall be listed in the category of finals
    • Under Rule 7- A format has been provided under this rule with respect to all the pending applications which is to be filed by the Plaintiff in any fresh matters and by the parties in pending matters, and the same has to be updated by the Court master on filing of subsequent applications.
  • CHAPTER XIX: AFFIDAVITS

    • Under Rule 7 (c)- Affidavits signed outside India, shall be signed and apostilled in accordance with the provisions of the Hague Convention Abolishing the Requirements of Legalization for Foreign Public Documents, 1961.
  • CHAPTER XX: RECEIVERS.

    • Rule 1 clause (ii)- no judicial officer shall be appointed as a Receiver in any proceedings in Court.
  • CHAPTER XXII: COURT DEPOSIT AND PAYMENT

    • Under Rule 1, all money received in Court shall be kept in fixed deposit for a reasonable period, subject to the orders which may be passed by the Court.
    • Under Rule 10, it has been laid down that at the time of depositing any amount/ security/ property, the party making the deposit shall intimate to the other party all particular details of the deposit including the amount so being deposited.
  • CHAPTER XXIII: COSTS & TAXATION OF COSTS.

    • This newly implemented rules gives express power to the Court/Registrar General/ Registrar to impose cost,1 if they are of the consideration that the party(s) are abusing the process of Court or in any manner considered dilatory, vexatious, mala-fide and abuse of process therein. For determination of the cost, the Court may also take into consideration various factors such as inconvenience caused to the parties/witnesses/other person connected with the proceedings.
    • A failure in making payment/deposit of costs may result in all consequences provided in the Civil Procedure Code for defaults and adverse orders being passed against the said party as the Court deems appropriate.
    • The Court may additionally impose actual costs2 guided by and upto actual costs as borne by the parties, even if the same has not been quantified by the parties at the time of decreeing or dismissing the suit. In addition to the abovementioned orders, the Court may pass a decree for costs as per Section 35-A and 35-B of CPC.
    • Under Rule 4 - the Parties shall have to file their respective Bill of costs, along with documentary evidence3 , if any, at the following stages-

      1. Framing of issues;
      2. The Defendant being proceeded ex-parte or where the Defendant has stopped appearing;
      3. Conclusion of evidence of the parties; and
      4. The delivery of judgment or final order.
      Each party may be required to file composite Bill of costs not later than fifteen days from the date on which the judgment is delivered or order is passed, or within such time as the Taxing Officer may allow. The Bill of costs shall include the comprehensive details as set out in the rules4 .
    • A list of expenses is added for including in the bill of cost such as fee of Senior Advocate etc.
  • CHAPTER XXIV: PROCEEDINGS IN EXECUTION

    • The rules of payment of one time process fee as applicable to a Plaintiff/ Defendant shall apply mutatis mutandis on execution proceedings.
  • CHAPTER XXVII: E-FILING.

    • The practice direction(s) for E-Filing in the High Court have been incorporated in the Rules as Annexure C of Delhi High Court (Original Side) Rules, 2018.
  • CHAPTER XVIII: ALTERNATIVE DISPUTE RESOLUTION, ARBITRATION AND MEDIATION

    • Extant rule(s), notification(s), scheme(s) and Practice Directions in relation to proceedings under the Arbitration and Conciliation Act, 1996, as amended from time to time, and Practice Directions in relation to mediation, as contemplated under Section 89 of the Code, have been incorporated by inclusion in these Rules, as Annexure D.
  • CHAPTER XXIX: TESTAMENTARY AND INTESTATE JURISDICTION

    • The Original Side practice direction no. 4 of 1974 are now placed under this chapter.

Apart from these rules the following Practice Direction and Guidelines have been issued –

  • ANNEXURE-A: Practice Directions for issuance of summons/ notices through speed post / registered post with proof of delivery (pod) in the High Court of Delhi.
  • ANNEXURE-B: Guidelines for the conduct of court proceedings between Court and remote sites – Video Conferencing Guidelines issued by the High Court of Delhi.
  • ANNEXURE-C: Practice Directions for electronic filing (e-filing) in the High Court of Delhi
  • ANNEXURE-D: Practice Directions for mediation dated 12.03.2009 published vide Notification no.7/Rules/DHC.
  • ANNEXURE-E: Practice Directions under section 18 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015

Appendix to these rules provides user registration process for Advocates, Party-in-person, Law firms and also contains E-filing Directions. The Delhi High Court (Original Side) Rules, 2018 are thus a step forward from the rules that were implemented in 1967.

Footnotes

[1] Rule 1, Chapter XXIII, Delhi High Court (Original Side), 2018.

[2] Rule 2, Chapter XXIII, Delhi High Court (Original Side), 2018.

[3] Rule 6, Chapter XXIII, Delhi High Court (Original Side), 2018.

[4] Rule 5, Chapter XXIII, Delhi High Court (Original Side), 2018.

For further information please contact at S.S Rana & Co. email: info@ssrana.in or call at (+91- 11 4012 3000). Our website can be accessed at www.ssrana.in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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S.S. Rana & Co. Advocates
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