PUNJAB GOVT. GAZ. (EXTRA), JANUARY 18, 2024
(PAUSA 28, 1945 SAKA)
EXTRAORDINARY
Published by Authority
CHANDIGARH, THURSDAY, JANUARY 18, 2024
(PAUSA 28, 1945 SAKA)
LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
Nil
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction Slips, Republications and
Replacements
Correction Slip No. 87 Rules/II.D4, dated the 11th January, 2024, incorporating in Chapter 21 of the High Court Rules & Orders, Volume-I, the amendments carried out in the First Schedule of the Code of Civil Procedure, 1908.
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PART IV
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Correction Slip
The 11th January, 2024
No. 87 Rules/II.D.4.–In terms of Rule 7 of Chapter 9 Part B of the
Rules & Orders of Punjab and Haryana High Court, Volume–V, the following
amendments carried out in the first schedule of the Code of Civil Procedure
(after publication in the government gazettes of Punjab, Haryana and U.T.
Chandigarh), are incorporated in Chapter 21 of the High Court Rules & Orders,
Volume–I in the following manner :-
1. Punjab and Haryana High Court Notification No. 150 Rules/XI.Y.16.
dated 24.04.2009, published in Punjab Government Gazette on
15.05.2009, in Haryana Government Gazette on 01.05.2009 and in
Chandigarh Administration Gazette on 01.06.2009.
(a) After Rule 21 of Order V in Chapter 21 of the High Court
Rules & Orders, Volume–I, newly inserted Rule 21-A in
Order V is incorporated as under :
21-A. The High Court shall prepare a panel of courier service
providers for the High Court and for Subordinate Courts in the
States of Punjab, Haryana and Union Territory Chandigarh, which
may be reviewed every year.
Explanation.-While giving approval to the panel of courier
service providers by the High Court, the recommendations of District
Judges may be kept in view:
Provided that where it has been found that a courier service
provider has given a false report, information shall be sent to the
High Court in this regard by the Court, through the District Judge.
Upon receiving three such complaints, the courier service provider
shall, after an opportunity of being heard, be placed on the blacklist,
if his explanation has been unsatisfactory. He shall remain on the
blacklist for a period of three years.
(b) After Rule 21-A of Order V in Chapter 21 of the High Court
Rules & Orders, Volume–I, new inserted proviso below Rule
15(4) in Order VI is incorporated as under :
Provided further that on amendment of pleadings, 2
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afresh affidavit shall have to be filed in consonance with
the amended pleadings.
(c) After Rule 2 of Order XVIII in Chapter 21 of the High Court
Rules & Orders, Volume–I, newly inserted sub-rule (9) of
Rule 4, Order XVIII is incorporated as under :
(9) The procedure for preparation of panel of Commissioners:-
APPOINTMENT OF COMMISSIONER
1. Qualifications:
The following persons shall be treated as qualified and eligible for being
empanelled as Commissioners under Order 18 Rule 4(2) CPC :-
(i) Retired Judges of the Supreme Court of India;
(ii) Retired Judges of the High Courts;
(iii) Retired District and Sessions Judges;
(iv) Retired Additional District and Sessions Judges;
(v) Retired Civil Judges;
(vi) Legal Practitioners with 10 years of standing at the Bar having
been so empanelled by the High Court.
2. Mode of Empanelment of an Advocate:
I. The District Judge may suo motu or on an application by an
Advocate eligible to be empanelled under Rule (1) supra,
desirous of being brought on the panel of Commissioners for
recording evidence in terms of Order 18 Rule 4(2) of the
Code of Civil Procedure, 1908, would make his
recommendations to the High Court in respect of the suitability
of the recommendee as a Commissioner.
II. The High Court after considering the recommendation and
the material sent by the District Judge or otherwise available
before it, approve the recommendations, as found proper, for
empanelment as Commissioner(s).
3. Mode of empanelment other than an Advocate:
The District Judge may recommend the names of the former Judicial
Officers, after seeking their consent, to be brought on the panel of the
Commissioners maintained for recording evidence in terms of Order 18 Rule PUNJAB GOVT. GAZ. (EXTRA), JANUARY 18, 2024
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4(2) of the Code of Civil Procedure, 1908. The High Court after considering
the recommendations and the material sent by the District Judge would approve
the recommendations, as found proper, for the empanelment as
Commissioner(s).
4. Disqualifications:
The following shall be disqualification for being empanelled as
Commissioner Under Order 18 Rule 4(2) CPC :-
(i) any person who has been adjudged insolvent;
(ii) any person against whom, criminal charges have been framed and are
pending ; or
(iii) any person who has been convicted by a Criminal Court for any offence
involving moral turpitude ;
(iv) any person against whom disciplinary proceedings have been initiated by
the competent authority or who has been punished in such proceedings;
(v) such other categories of persons as may be notified by the High Court.
5. Removal or Deletion from the Panel:
A person whose name is placed in the panel referred to above, may be
removed or his name be deleted from the said panel, by the court which
empanelled him, if :-
(i) he resigns or withdraws his name from the panel for any reason ; or
(ii) he is declared insolvent or is declared of unsound mind ; or
(iii) he is a person against whom criminal charges are framed by a criminal
court and are pending ; or
(iv) he is a person, who has been convicted by a criminal court for any offence
involving moral turpitude ; or
(v) he is person against whom disciplinary proceedings on charges relating
to moral turpitude have been initiated by appropriate disciplinary authority,
which are pending or have resulted in a punishment ; or
(vi) he exhibits or displays conduct, during functioning as Commissioner, which
is unbecoming of a Commissioner ; or
(vii) the Court which empanelled, upon receipt of information, if it is satisfied,
after conducting such inquiry as it deems fit, is of the view, that it is not
possible or desirable to continue the name of that person in the panel.
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Provided that, before moving or deleting his name, under clause (vi) and
(vii), the court shall hear the Commissioner whose name is proposed to be
removed or deleted from the panel and shall pass a reasoned order.
6. Procedure for recording evidence by the Commissioner:
(i) The Court shall while appointing the Commissioner issue directions
regarding the place where Commissioner shall hold the proceedings. The
Court shall also indicate the timings for the proceedings before the
Commissioner. The place and timings may be determined as per the
convenience of the parties and the Commissioner.
(ii) The Court shall summon witnesses on applications filed by the plaintiff or
the defendant and it shall be mentioned in the summons that evidence
shall be recorded before the Commissioner appointed by the Court. The
witness so summoned shall appear before the Local Commissioner for
evidence. Thereafter, on appearance, the Local Commissioner shall
proceed to record evidence of the witnesses who are present.
However where the witnesses failed to appear before the Local
Commissioner, the Commissioner shall close the evidence after recording
that the witnesses are absent but the Court on showing sufficient cause
can permit the witnesses to be re-examined either by the Local
Commissioner or before the Court itself on such terms and conditions as
it deems appropriate.
(iii) The Court shall, while giving directions, also indicate the time period for
completion of the proceedings by the Commissioner.
(iv) The Court shall order whether the Commissioner has to be handed over
the original record of the case or only the Photostat copies of pleadings,
documents and evidence. All photocopies shall be supplied by the party
for whose evidence the Commissioner has been appointed.
(v) The fee of the Commissioner shall be fixed by the Court at the time of
appointment of the Commissioner after consultation with the party. The
fee shall be deposited in Court in advance by the party at whose instance
the evidence is to be recorded, half fee that has been deposited shall be
released to the Commissioner before he commences recording of evidence
and the remaining half after the completion of the recording of evidence
by the Commissioner.
2. Punjab and Haryana High Court Notification No. 18 Rules/XI.Y.16.
dated 12.04.2016, for Haryana and UT Chandigarh, published in
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Haryana Government Gazette on 12.04.2016 and in Chandigarh
Administration Gazette on 02.05.2016.
and
Punjab and Haryana High Court Notification No. 162 Rules/XI.Y.16
dated 26.10.2018 for Punjab published in Punjab Government
Gazette on 23.02.2023:-
After sub-rule (9) of Rule 4 in Order XVIII in Chapter 21 of
the High Court Rules & Orders, Volume–I, substituted Clause
(vi) of sub-rule (9)(1) of Rule 4, Order XVIII is incorporated as
under :-
"1(vi) Legal practitioners with 5 years of standing at the Bar (having
adequate experience of examining the witnesses) having been so
empanelled by the High Court"
3. Punjab and Haryana High Court Notification No. 100 Rules/XI.Y.16
dated 01.06.2019 for Punjab and Haryana published in Punjab
Government Gazette on 06.06.2019 and in Haryana Gazette on
27.02.2023.
and
Punjab and Haryana High Court Notification No. 63 Rules/XI.Y.16
dated 19.04.2023 for Union Territory, Chandigarh published in
Chandigarh Administration Gazette on 20.04.2023.
After Order XXI, Rule 32 in Chapter 21 of the High Court
Rules & Orders, Volume–I, newly inserted sub-rule (4) of Rule
35 in Order XXI is incorporated as under :
"Where at the time of delivery of possession of immovable property,
it is found that there are movable(s) lying in that property to which the
decree holder has no claim and the judgment-debtor is absent, or if present,
does not immediately remove the same, the officer entrusted with the
warrant for delivery of possession shall make an inventory of the articles
so found, with their probable value, in the presence of respectable persons
on the spot, and have the same attested by them. The movable(s) shall
be either handed over to some respectable person on sapurdari or shall
be given in the custody of the decree holder after taking a bond from him
for the safe custody of those articles, pending orders of the Court for
disposal of the same.
The officer shall then make a report accompanied by such inventory, 6
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to the Court.
The Court shall, thereupon, issue a notice to the judgment-debtor/
his counsel requiring him to take delivery of the said movable within
fifteen days from the date of notice. It shall be specified in the notice that
in default of the judgment debtor/his counsel responding to the notice, the
articles shall be sold in public auction at the risk and cost of judgment
debtor and the proceeds applied for meeting all legitimate expenses of
custody and sale. The balance, if any, shall be deposited in Court and
refunded to the Judgment-debtor:
Provided that if movable articles referred to above are perishable,
the officer shall sell them in public auction immediately, and bring the
proceeds into Court. The notice to the Judgment-debtor shall in such a
case call upon him to receive the amount from Court within three
months."
4. Punjab and Haryana High Court Notification No. 189 Rules/XI.Y.16.
dated 20.11.2023, published in Punjab Government Gazette on
23.11.2023, in Haryana Government Gazette on 24.11.2023 and in
Chandigarh Administration Gazette on 21.11.2023.
I. Sub-rule (1) of Rule 1, Order XIII of Code of Civil Procedure,
substituted vide Notification No. GSR 39C.A.5/1908/S.12257, dated
17.03.1975 at Serial Number 29 as contained in Chapter 21 of the
High Court Rules & Orders, Volume–I is 'omitted'.
II. After Order XIII, Rule 1 in Chapter 21 of the High Court
Rules & Orders, Volume–I, newly inserted sub-rule (4) of
Rule 1 in Order XIII is incorporated as under :
"1. Original documents to be produced at or before the
settlement of issues.-
(4) The documents as mentioned in sub-rule (1) and all other
documents which the Court orders to be produced, shall be produced
in the following Form No. 5 of Appendix H (Miscellaneous) of the
Appendices to the First Schedule of CPC by substituting the existing
Form No. 5 :-
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No. 5
List of documents produced by Plaintiff/Defendant under
Order XIII, Rule 1, Civil Procedure Code
(Order XIII, sub-rule(4) of Rule 1)
IN THE COURT OF _______________ AT _______________ DISTRICT
SUIT NO. _______________ OF 20___
__________________________ Plaintiff
Versus
__________________________ Defendant
List of documents produced with the plaint (or at first hearing) on behalf of Plaintiff
or defendant
This List was filed by __________________ this day of 20___
1 2 3
4 5
Serial Description and What the document What became of the document Remarks No. date, if any, of is intended to prove
the document
If brought on the If rejected date of
record, Exhibit return to the party
mark put on the and signature of
document party, or pleader to
whom the document
was returned.
Signature of party or pleader
Producing the list.
III. After Order XVIII, Rule 2 in Chapter 21 of the High Court Rules & Orders,
Volume–I, newly inserted proviso to Rule 4(1), Order XVIII is incorporated
as under :
"Provided further that the Court in its discretion may record the examination-in-chief of a witness orally or by way of affidavit."
BY ORDER OF HON'BLE THE CHIEF JUSTICE AND JUDGES
ARUN KUMAR AGGARWAL,
Registrar (Rules),
for Registrar General.