THE HIGH COURT OF KERALA

NOTIFICATION

No. D1 (A) 58357/2002/D1.

30th May 2013.

In exercise of the powers conferred by section 122 of

the Code of Civil Procedure, 1908 (Central Act V of 1908),

and of all other powers hereunto enabling it in this

behalf, the High Court of Kerala hereby publishes for

general information the draft of the Kerala Civil Courts

(Case Flow Management) Rules, 2013.

Notice is hereby given that any objection or

suggestion with respect to the draft received from any

person within thirty days from the date of publication of

this notification in the official gazette will be considered

by the High Court. Objections or suggestions, if any,

shall be addressed to the Registrar (Subordinate

Judiciary), High Court of Kerala, Kochi-682 031.

The Kerala Civil Courts (Case Flow Management)

Rules, 2013

1. Title, Application and Commencement:—(1) These

Rules may be called the Kerala Civil Courts (Case Flow

Management) Rules, 2013.

PART III

Judicial Department

KERALA GAZETTE

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(2) These Rules shall apply to all suits, appeals and

other proceedings of civil nature before the Subordinate

Courts and Tribunals under the superintendence of the

High Court of Kerala.

(3) These Rules shall come into force from the date

of its publication in the official gazette.

2. Definitions:— In these rules, unless the context

otherwise requires:

(1) ‘Court’ includes Tribunal also

(2) ‘Court Officer’ means the Chief Ministerial Officer

of the Court or Tribunal concerned or the officer

authorized by the Court or Tribunal to exercise the powers

of the Court Officer under these Rules.

3. Categorization of suits, appeals and other proceedings

of civil nature:—

(1) The Court Officer shall categorize the suits,

appeals and other proceedings in the Court concerned into

three tracks viz., Track- I, Track - II and Track - III, at

the time when they are instituted in the following manner:

25th JUNE 2013]

JUDICIAL DEPARTMENT

(a)

Track - I:

(i)

Matters relating to maintenance

(ii)

Matters relating to guardianship or custody

of children

(iii)

Matters relating to adoption

(iv)

Matters relating to visitation rights

(v)

Matters relating to the grant of Letter of

Administration, Probate and Succession

Certificate

(vi)

Original Proceedings and appeals under the

Kerala Buildings (Lease and Rent Control)

Act, 1965

(vii)

All Civil Miscellaneous Appeals

(viii)

Suits for money

(ix)

Proceedings under the Mental Health

Act 1987

(x)

Proceedings for transfer of matters pending

before civil courts

(xi)

All summary suits.

(b) Track-II

(i)

Matters relating to matrimonial disputes not

falling under track one

(ii)

Suits for eviction

(iii)

Suits for injunction

(iv)

Claim petitions under the Motor Vehicles Act

(v)

Land Acquisition references and petitions for

compensation relating to property under other

different legislations like Telegraph Act,

Petroleum Act etc

(vi)

Proceedings under the Arbitration and

Conciliation Act, 1996

(vii)

Suits under the Fatal Accident Act

(viii)

Suits and other proceedings relating to

Intellectual Property Rights

(i)

Suits for partition

(ii)

Suits for declaratory relief

(iii)

Suits for specific performance

(iv)

Suits for possession

(v)

All appeals other than Civil Miscellaneous

Appeals and appeals under the Kerala

Buildings (Lease and Rent Control) Act, 1965

(vi)

Suits for damages

(vii)

Suits relating to easement rights

(viii)

Suits and other proceedings relating to trust

property

(ix)

Proceedings under the Insolvency Act 1955

(x)

Suits for accounts

(xi)

Matters relating to execution

(xii)

Such other cases not included elsewhere

(2)

The Presiding Officer shall take every

endeavor to dispose of the cases within the time frame as

specified hereunder.-

(i)

Track-I—6 months from the date of

institution

of proceedings

(ii)

Track-II—12 months from the date of

institution of proceedings

(iii)

Track-III—24 months from the date of

institution of proceedings

Provided that in cases where a lesser time limit is

prescribed for disposal of any particular category of cases

under any other Statutes, Rules, Regulations or Circulars

of the High Court, such category of cases shall be

disposed of as stipulated in the respective Statutes,

Rules, Regulations or Circular of the High Court,

irrespective of the time limit specified above.

4. Service of Notices and Summons:— (1) The summons

or notices issued in suit, appeal or original proceedings

shall indicate maximum of 30 days for filing written

statement or objection from the date of service of

summons or notice.

(2) (a) The plaintiff/ petitioner/ appellant shall as

far as possible file copies of the plaint/ petition/appeal

and interlocutory application filed in the proceedings

together with the list of documents for service on the

defendant/respondent at the time of institution of the

proceedings itself.

(b)

The plaintiff/ petitioner/ appellant shall

furnish the full and correct postal address of the parties

in the pleadings with PIN code.

(3) (a) When the State/ Union Government/Public

Servants of State or Union Government in official capacity

are parties to the suit, appeal or proceedings, in such

cases, in addition to the summons/ notice under

sub rule (1) above, copy of the plaint/ petition/

memorandum of appeal etc. shall be served on the

Government Pleader of the State/ Counsel of the Central

Government, as the case may be, before filing the same in

court and necessary endorsement in proof of such

service shall be obtained and produced before the Court.

(b)

The summons or notice along with ,the

copy of the pleadings, served on the Government Pleader

or Central Government Counsel as the case may be, shall

be deemed to be a valid service.

25th JUNE 2013]

JUDICIAL DEPARTMENT

(4) The process fee for service shall be paid

within seven days from the date of order, failing which,

the case will be posted in Cause List -1 referred to in

Rule 5 hereunder for dismissal for non prosecution. On

application, the court may extend the time for payment of

process.

(5) The process fee, if paid in time, for service

through Court or Post, the case shall be posted to a date

not later than 21 days, if service is to be effected within

the same District and in other case, not later than 30 days

from the date of issuance of summons or notice, for

appearance.

(6) When summons or notice is permitted to be

served under Order V Rule 9(A) Civil Procedure Code,

1908, the report of such service shall be filed in Court

with necessary acknowledgment of service along with an

affidavit of the plaintiff.

(7) Whenever

summons/notice

issued

defendant/ respondent through post/courier is reported

unserved, the Court shall order issuance of summons

through Court and substituted service simultaneously.

(8) The envelope of the summons/notice sent

through registered post/courier shall bear written or

printed instructions to the server to deliver summons or

notice to the party and in his absence, to any adult

member of the family residing with him.

5. Calling of Cases:—(1) The various stages of the suit,

appeal or proceedings before court shall be as follows:

(a)

Return of summons/ notices.

(b)

Filing of objection/counter affidavit to the

interlocutory applications.

(c)

Hearing of interlocutory applications.

(d)

Filing of written statement/objections.

(e)

Consideration of Alternative Dispute

Resolution mechanisms.

(f)

Framing of issues in case of suits.

(g)

Pre-trial steps.

(h)

Evidence:

Examination

chief,

cross examination and re-examination.

(i)

Arguments

(j)

Judgement

(2) The Presiding Officer shall cause preparation of

two cause lists of the cases for the calling work every

day.

(3) The case at the stage of hearing of interlocutory

applications, consideration of Alternate Dispute Resolution

mechanisms, framing of issues, pretrial steps, evidence

including the examination in chief, cross examination and

re-examination of witnesses, arguments and judgement/

order shall be listed in Cause List - I.

(4) Execution

matters

shall

listed

Cause List - I.

(5) The case at the stage of return of summons/

notices, appearance of parties, filing of written statement,

counter statement or objections shall be listed in Cause

List - II.

(6) The case at the stage of appearance of parties

and steps be posted in Cause List - I for necessary

orders,

requested

for

the

Advocate

or Party.

(7) The cases listed in Cause List No. I shall be

called in open court.

(8) The Court Officer shall attend to the cases listed

in Cause List No. II.

(9) Cause List Nos. I and II shall be published in

advance by the Court Officer before 4.30 pm on the

previous day.

(10) Whenever the Advocate/party fails to attend or

take steps in the case posted in Cause List - II and does

not seek extension of time, the case shall be included in

Cause List -I and posted for necessary orders within three

days.

6. Procedure regarding disposal of Interlocutory

Applications:—(1) In a suit, appeal or proceeding, if only

notice is ordered in the interlocutory applications, the

application shall be posted for hearing in Cause List - I

immediately on the appearance of the defendant/

respondent.

(2) In a suit, appeal or proceeding, if an exparte

interim order is granted on an interlocutory application,

the same shall be posted in Cause List No. I for disposal

on merits immediately after the appearance of the

defendant/ respondent and the court shall endeavor for

disposal of the said application within 30 days from the

date of the order.

(3) Applications filed for interim orders in respect of

cases in Cause List No. 1 may be filed on the date of

hearing or in advance, after due notice to the other side.

(4) Applications seeking for emergent interim orders

in any matter pending in Cause List No. II before the

Court Officer, shall be posted before the Court forthwith.

7. Land Acquisition References:—As and when a

reference in respect of the acquisition of land for a

particular project/purpose is received, the Reference Court

shall address the Collector/ Land Acquisition Officer

concerned to forward all the reference applications in

respect of the acquisition proceeding within a time limit,

with notice to the requisitioning authority, if any.

25th JUNE 2013]

JUDICIAL DEPARTMENT

8. Appeals:—The procedure for calling work, grant of

interim orders applicable to suits and civil proceedings,

shall mutatis mutandis apply to Appeals.

9. Citation of Authorities:—Whenever authorities are to

be cited, the list of the same shall be given to the

opposite counsel at least on the previous day.

10. Intimations regarding the filing of appeal:—As and

when an appeal is filed, the Appellate Court shall within

three days from the date of filing the appeal, intimate the

trial court that an appeal has been filed.

11. Saving:—Whenever there is any inconsistency

between these Rules and the provisions of the Code of

Civil Procedure, 1908 or any other Statute, the provisions

of the Code or any other Statute shall prevail.

By order,

N. ANIL KUMAR,

Kochi.

Registrar (Subordinate Judiciary).

Explanatory note

(This is not part of the notification but is intended to

bring out its general purport.)

The Honourable Supreme Court of India had, in its

judgement dated 25-10-2002 in WP(C) No. 496/2002 titled

Salem Advocate Bar Association Vs. Union of India,

appointed a Committee headed by Mr. Justice

M. Jagannadha Rao to devise a model case management

formula with the objective of achieving more disposal of

cases. The Supreme Court, after considering the report

filed by the Committee, directed the High Courts, vide

judgement dated 2-8-2005 in the said case, to adopt the

said report with or without modification, so as to provide

a fair, speedy and inexpensive justice to the litigant

public. Accordingly, the High Court of Kerala

has considered the matter and framed the above rule.

NOTIFICATION

No. B1-58/2013.

27th May 2013.

(i)

In exercise of the powers conferred by Section 11 (3)

of the Code of Criminal Procedure 1973, the High Court

of Kerala hereby appoints the persons mentioned in

column (2) of the schedule hereto attached to be the

Judicial Magistrates of the First Class to preside over the

Courts specified against their names in column (3) thereof

from the date on which they take charge.

SCHEDULE

Sl.

Name

Court

No.

(1)

(2)

(3)

Shri P. Pradeep

Judicial Magistrate of First

Class, Koyilandi

Shri P. Avaneendranath

Judicial Magistrate of First

Class, Perambra

(ii)

In exercise of the powers conferred by Sub Section (1)

of Section 260 of the Code of Criminal Procedure 1973, the

High Court of Kerala hereby specifically empowers the

Judicial Magistrate of the First Class mentioned in

column (2) of the Schedule hereto attached to try in a

summary way all the offences mentioned in the said

sub-section.

SCHEDULE

Name of the Judicial Magistrate of the first class

Sl.

Name

Court

No.

(1)

(2)

(3)

Shri P. Pradeep

Judicial Magistrate of First

Class, Koyilandi

Shri P. Avaneendranath

Judicial Magistrate of First

Class, Perambra

By order,

N. ANIL KUMAR,

Kochi.

Registrar (Subordinate Judiciary).

Office of the Chief Judicial Magistrate, Thrissur

NOTIFICATION

No. B3-1565/2013.

31st May 2013.

Sub:—Judiciary-Transfer and Posting of Munsiff

Magistrates-Notification-reg.

Ref:—O.M. No. B1-35733/2012 dated 25-5-2013 of

High Court of Kerala, Ernakulam.

In exercise of the powers conferred by the

Sub section (1) of Section 14 of the Code of the Criminal

Procedure 1973 (Act 3 of 1974) the Chief Judicial

Magistrate, Thrissur hereby defines the local areas shown

in Column No. II within which the persons mentioned in

Column No. I of the Schedule hereunder may exercise all

or any of the powers which may be invested under the

code from the date of taking charge.

25th JUNE 2013]

JUDICIAL DEPARTMENT

SCHEDULE

Column No. I

Column No. II

Name of Officer

Name of Police Station

Smt. Saleena V. G. Nair,

Ollur,

JFCM III,

Mannuthy,

Thrissur

Peechi,

Railway P.S. 2nd class powers

V. P. INDIRA DEVI,

Chief Judicial Magistrate.

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