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Delhi high court (original side) rules, 2018

1. Short title. —These Rules may be called the ―Delhi High Court 
(Original Side) Rules, 2018‖. 

2. Commencement. — These Rules shall come into force with effect 
from 1st March, 2018.
Provided that different dates may be appointed for different provisions of 
these Rules and any reference in any such provision to commencement of 
these Rules shall be construed as a reference to coming into force of that 
provision.

3. Application. —All proceedings on the original side of the Court, 
instituted or transferred pursuant to provisions of the Delhi High Court Act 
of 1966, or any other law shall, unless otherwise ordered by the Court, be 
governed by these Rules. 

4. Definitions. —In these Rules, unless the context otherwise requires: 
(a) ―Advocate‖ means a person who is entitled to practice the 
profession of law under the Advocates Act, 1961 (Act No. 25 of 
1961); 
(b) ―Chief Justice‖ means the Chief Justice of the Delhi High Court 
and includes a person appointed under the Constitution to perform 
the duties of the Chief Justice; 
(c) ―Code‖ means the Code of Civil Procedure, 1908 (Act No. 5 of 
1908), as amended from time to time;
(d) ―Commercial Courts Act‖ means The Commercial Courts, 
Commercial Division and Commercial Appellate Division of High 
Courts Act, 2015, as amended from time to time;
(e) ―The Court‖ or ―this Court‖ means the Delhi High Court;
(f) ―Database‖ means the database maintained in accordance with the 
programs and computer applications, specifically designed for this 
Court.
(g) ―Delhi High Court (Original Side) Rules, 1967‖ means the Rules as 
framed in 1967 including all amendments thereto till the framing of 
these Rules; 
(h) ―First hearing‖ includes the hearing of a suit for settlement of issues 
and any adjournment thereof; 
(i) ―Interlocutory Application‖ means an application in any suit, appeal 
or proceeding, already instituted in the Original Side of the Court, 
not being a proceeding for execution of a decree or order; 
(j) ―Judge‖ means the Judge of the Court;
(k) ―Registrar‖ means and includes the Registrar and Joint Registrar, 
respectively of the Court, and includes any other officer of the 
Court to whom the powers and functions of the Registrar under 
these Rules, may be delegated or assigned;
(l) ―Registrar General‖ means the Registrar General of the Court. 
(m) ―Registry‖ means the Registry of the Court;
(n) ―Seal of the Court/ Official Seal‖ means the Official Seal to be 
used in the Court such as the Chief Justice may from time to time 
direct 
(o) ―These Rules/ Rules‖ mean Delhi High Court (Original Side) 
Rules, 2018 as amended from time to time;
(p) ―Taxing Officer‖ means the Taxing Officer appointed under Section 
5 of the Court-fees Act, as amended from time to time, and includes 
the Officer of the Court whose duty is to tax costs of proceedings in 
the Court;
(q) All other expressions used herein shall have the meanings ascribed 
to them by the Code, Arbitration and Conciliation Act, 1996 the 
Commercial Courts Act, the General Clauses Act, 1897 and the 
Information Technology Act, 2000, as amended from time to time, 
as the case may be. 

5. Steps to be taken in the Registry.—Where by these Rules or by any 
order of the Court, any step is required to be taken in connection with any 
suit, appeal or proceeding before the Court, that step shall, unless the context 
otherwise requires, be taken in the Registry. 

6. Period how calculated.—Where a particular number of days are
prescribed by these Rules or by or under any other law, or is fixed by the 
Court for doing any act, the starting day from which the said period is to be 
reckoned shall be excluded, and if the last day expires on a day when the 
office of the Court is closed for the day or a part thereof, that day and any 
succeeding day(s) on which the Court remains closed for the day or a part 
thereof, shall also be excluded. 

7. Forms to be used.—The forms set out by the Court, with such 
modifications or variations as the circumstances of each case may require, 
shall be used for the purpose therein mentioned. Where no form required for 
any purpose is prescribed, a form approved by the Registrar General, may be 
used.

8. How decree, order, writ etc. to run.—Every decree, order, writsummons,
warrant or other mandatory process, shall be in the name of the 
Chief Justice, and shall be signed by the Registrar/Joint Registrar/Deputy 
Registrar or any other officer specifically authorized in that behalf, with the 
day, month and year of signing, and shall be sealed with the Seal of the 
Court. 

9. Official Seal.—The Official Seal to be used in the Court shall be such 
as the Chief Justice may from time to time direct, and shall be kept in the 
custody of the Registrar General. 

10. Custody of Records.—The Registrar General shall have custody of 
records of the Court, and no record or document filed in any cause or matter, 
shall be allowed to be taken out of the custody of the Court without leave of 
Court/Registrar General/ Registrar. 

11. Hours of Sitting.—Unless otherwise ordered by the Chief Justice, 
the Court shall hold its sittings on all working days from 10:30 a.m. to 1:15 
p.m. and from 2:15 pm to 4:30 p.m. 

12. Office Hours.—The Offices of the Court shall remain open on all 
working days from 10.00 a.m. to 5.00 p.m. Any urgent matter filed before 12 
noon shall be put before the Court for hearing on the following working day. 
In exceptional cases and with specific permission of the Judge-in-Charge 
(Original Side), it may be received thereafter for hearing on the following 
day. 

13. Process and copying fee.—In all proceedings, on the Original Side 
of the Court, process fee and copying fee shall be charged in accordance 
with rules in force immediately before the appointed day, fixed under 
Section 3 of the Delhi High Court Act of 1966, or in accordance with these 
Rules. 

14. Court’s power to dispense with compliance with the Rules.—The 
Court may, for sufficient cause shown, excuse parties from compliance with 
any requirement of these Rules, and may give such directions in matters of 
practice and procedure, as it may consider just and expedient. 

15. Application for the above purpose.—An application seeking 
exemption from compliance with requirements of any of the Rules shall, in 
the first instance, be placed before the Registrar, who may, without 
interfering or dispensing with any mandatory requirements of the Rules, 
make appropriate order(s) thereon, or, if in his opinion, it is desirable that 
the application be dealt with by the Court, direct that the same be listed 
before the Court forthwith. 

16. Inherent power of the Court not affected. — Nothing in these 
Rules shall be deemed to limit or otherwise affect the inherent powers of the 
Court to make such orders as may be necessary for the ends of justice or to 
prevent abuse of the process of Court. 

17. Miscellaneous.—(1) Except to the extent otherwise provided in these 
Rules, applicable provisions of the Code, the Commercial Courts Act and
the Information Technology Act, 2000 shall apply to all proceedings on 
Original Side. 
(2) Reference to any gender shall, unless the context so otherwise 
requires, be meant and be construed as a reference to all genders. 
(3) Nomenclature(s)/ Category(s) of various proceedings to be instituted 
on the Original Side of the Court shall be as per extant notifications/ 
directions.  

1. Jurisdiction to be exercised by a Single Judge.-Every suit or petition 
coming before the Court in its Ordinary Original Civil Jurisdiction shall be 
tried and/ or heard by a Single Judge.

2. Reference to two or more Judges.—A Judge, before whom any suit, 
application or other proceeding, interlocutory or otherwise, is pending, may, 
if he thinks fit, refer it or any question of law, practice or procedure arising 
therein to the Chief Justice, for constituting a Bench of two or more Judges 
to decide the same. If only a question has been referred, the Judge shall, after 
receipt of a copy of the judgment of the Bench so constituted, proceed to 
dispose of such suit, application or proceeding in conformity therewith. 

3. Powers of the Registrar.—The powers of the Court, including the 
power to impose costs in relation to the following matters, may be exercised 
by the Registrar: 
(1) Admission of plaints and applications and issue of summons and 
notices; 
(2) Application to amend the plaint, petition, written statement, 
replication or subsequent proceedings where the amendment sought is 
formal; 
(3) Application for attachment of property of absconding witness; 
(4) Inquiries directed by Court as to fitness of persons to act as trustees 
and receivers; 
(5) Application for leave of Court to file a plaint, when such leave is 
necessary; 
(6) Application under Section 52 of the Code; 
(7) Application for orders for payment of money realized in execution or 
otherwise deposited in Court, including uncontested applications to 
share assets realized under Section 73 of the Code; 
(8) Application under Orders I rules 2, 3A, 6, and 10 of the Code; 
(9) Application under Order I rule 8 of the Code for leave to sue or 
defend on behalf of or for the benefit of all having the same interest; 
(10) Application under Order II rule 2(3) of the Code; 
(11) (a) Issuing summons in the manner provided in Order V, rules 9 and 
9A of the Code; 
(b) Declaring service of summons (in accordance with these Rules and 
the Code);
(12) Examining the serving officer on oath under Order V, rule 19 of the 
Code where summons is returned under Order V, rule 17 of the Code, 
and after making necessary enquiry, declaring that the summons has 
been duly served, or order such service, as may be considered fit; 
(13) Issuance of letter under Order V, rule 30 of the Code; 
(14) Application for further and better statement of particulars under Order 
VI rule 5 of the Code; 
(15) Application for the admission or appointment of a next friend or 
guardian ad litem of a minor or a person of unsound mind or new next 
friends or guardians ad litem; 
(16) Application for fresh summons or notices and regarding service 
thereof; 
(17) Application for orders for substituted service of summons or notice; 
(18) Application for transmission of process for service to another court; 
(19) Application for permission to withdraw any suit or application by 
consent or where the other side has not appeared; 
(20) Application for leave to file a further or additional written statement; 
(21) Application under Order IX rule 4 and rule 7 of the Code; 
(22) Application for return of documents under Order XIII, rule 9(i) of the 
Code; and application for return of exhibits; 
(23) Application to secure the attendance of witnesses and take 
proceedings against them for failure to comply with the summons as 
provided under Order XVI of the Code and to record evidence; 
(24) Application for orders for discovery and for orders concerning the 
admission, production and inspection of documents; 
(25) Application for leave to deliver interrogatories; 
(26) Application for orders for transmission of a decree with the prescribed 
certificates, etc.; 
(27) Receiving decree transferred to the Court for execution under Order 
XXI, rule 7 of the Code; 
(28) Directing filing application to file certified copy of decree under 
Order XXI, rule 11 (3) of the Code; 
(29) Application under Order XXI, rule 14 of the Code requiring the 
applicant to produce a certified copy from the register, kept in the 
office of the Collector; 
(30) Considering execution application under Order XXI, rule 17 of the 
Code; 
(31) Issuing process for execution under Order XXI, rule 24 of the Code 
and examining the officer entrusted with execution of process, if he 
was unable to execute the process under Order XXI, rule 25 of the 
Code; 
(32) Application for execution of a document or for endorsement of 
negotiable instrument under Order XXI, rule 34 of the Code; 
(33) Application for examination of judgment-debtor as to his property 
under Order XXI, rule 41 of the Code; 
(34) Application for discharge from custody for non-payment of 
subsistence money; 
(35) Application for leave under Order XXI, rule 50(2) of the Code, except 
where liability is disputed; 
(36) Application for issue of proclamations of sale under Order XXI, rule 
66, and for direction as to publication thereof under Order XXI, rule 
67 of the Code; 
(37) Application under Order XXII of the Code for bringing on record 
legal representatives of a deceased party; 
 Provided that no order of substitution or revival shall be made by the 
Registrar— 
 (i) where a question arises as to whether any person is or is not a 
legal representative of the deceased party; or 
 (ii) where a question of setting aside the abatement of the cause is 
involved. 
In such cases as (i) and (ii) above, the Registrar shall, after making an 
inquiry, place the matter, with his report and findings, before the 
Judge in Chambers; 
(38) Application for special directions to the office concerned as to service 
or execution of any process of the Court; 
(39) Application for orders for withdrawal of attachment or for return of a 
warrant; 
(40) Application for statement of names, and disclosure of partners and 
their addresses under Order XXX, rules 1 and 2 of the Code; 
(41) Application for orders requiring a party to suit to produce and leave 
with the Registrar any document, not in English language in his 
possession, for purpose of being officially translated; 
(42) Application for orders for production of records or documents, or 
accounts filed in such records before any other court;
(43) Application for issue of a precept to another court for production of a 
record of such court or of notice or summons to a public officer for 
production of public records or registers; 
(44) Application for taxation and delivery of bills of costs; 
(45) Application for confirmation of sale and issuance of certificate of sale 
to purchaser of immovable property; 
(46) Any other interlocutory application, directed by the Judge hearing the 
case, to be placed for disposal before the Registrar; 
(47) Application for particulars; 
(48) Application for better statement of claim or defence; 
(49) To give notice of deposit by defendant to the plaintiff under the Code; 
(50) After comparing original of documents, produced by parties, with 
their respective copies, certifying said copies for identification and 
returning original to the respective party; and causing copy(s) to be 
filed on record; 
(51) Giving exhibit marking or identification marks on document(s) after 
filing of affidavits of admission/ denial as also directing production of 
originals, or granting dispensation from filing original(s) for reasons 
to be recorded; 
(52) Application under Order XXXIII of the Code, except those filed under 
rule 9 thereof; 
(53) An uncontested application, except those that may result in final 
disposal of the suit or exceeding in whole or in part, in respect of all 
or any of the parties; 
(54) Application seeking withdrawal of Vakalatnama of Advocate and 
discharge by Advocate; 
(55) Application seeking exemption from filing original document(s) along 
with pleadings, or seeking leave to file original document(s) within 
the time stipulated by these Rules; 
(56) Registering and issuing summons/ notices in suits under Order 
XXXVII of the Code; 
(57) Application seeking extension of time to file court fee in accordance 
with these Rules; 
(58) Passing orders pertaining to renewal of fixed deposits, where money 
is deposited pursuant to an order passed in any proceeding by Court; 
(59) Issuing notice under Sections 14 and 17 of the Arbitration Act, 1940 
and directing Arbitrators(s) to file record(s) of arbitration in Court; 
(60) Applications for enlargement or abridgment of time including 
applications to foreclose the right to file the written statements and 
replies or applications seeking extension of time for leading evidence 
and foreclosing the right to lead evidence; and 
(61) Such other application, as by these Rules are directed to be so 
disposed of by the Registrar, but not included in this Rule and any 
other matter, which in accordance with orders or directions issued by 
Court, is required to be dealt with by the Registrar.

4. Expeditious disposal.-The Registrar shall endeavour to expeditiously 
dispose of all applications that are within his power under Rule 3 of this 
Chapter. 

5. Appeal against the Registrar’s orders.-Any person aggrieved by any 
order made by the Registrar, under Rule 3 of this Chapter, may, within 
fifteen days of such order, appeal against the same to the Judge in Chambers. 
The appeal shall be in the form of a petition bearing court fees of Rs.2.65.

6. Delegation of the Registrar’s Powers.-The Chief Justice and his 
companion Judges may assign or delegate to a Joint Registrar, Deputy 
Registrar or to any officer, any functions required by these Rules to be 
exercised by the Registrar. 

1. Proceedings how written.-(a) Every plaint, written statement, 
application, petition and the like presented to Court:— 
 (i) shall be in English; 
 (ii) shall, subject to Annexure C to these Rules, be fairly and legibly 
type written, lithographed or printed in double spacing on one side 
of A4 size white paper with an inner margin of about three 
centimeters width on top and on the left side, one centimeter on the 
right side and two centimeters on the bottom; 
 (iii) shall in its cause title state ―in the High Court of Delhi‖ and shall 
state the jurisdiction, whether Original, Civil, Testamentary or 
Intestate etc. in which it is presented; 
 (iv) shall be divided into paragraphs that are numbered consecutively, 
each paragraph containing, as nearly as may be, a separate 
allegation; and comply with requirements of the Code; 
 (v) shall be paginated numerically. Alpha numerical pagination will 
not be accepted. 
(b) Dates—Where Saka or other dates are used, corresponding dates of 
Gregorian calendar shall also be given. 
(c) Memo of parties—Full name, parentage and other particulars as 
stipulated in Rule 3 of this Chapter, describing each party, shall be provided. 
If a party sues or is sued in a representative character, it shall be so set out at 
the beginning of the plaint, petition, application, written statement or reply 
and need not be repeated in subsequent proceedings in the same suit or 
matter. 
(d) The names of parties shall bear consecutive numbers and a separate 
line should be allotted to the name and description of each party. These 
numbers shall not be changed, and in the event of death of a party during 
pendency of the suit or matter, his heirs or representative, if more than one, 
shall be shown by sub-numbers. Where fresh parties are brought in, they 
may be numbered consecutively in the particular category, in which they are 
brought in. 
(e) Every plaint, petition, original proceeding or application shall state, 
immediately after the cause title, the provision of law under which it 
purports to be made. To the extent plaintiff/ party/ his Advocate is aware, 
that the subject matter of the suit/ petition/ original proceeding being 
instituted is also directly and substantially the subject matter of any pending 
litigation in the Court, a suitable endorsement to that effect shall be made 
below the non-filing clause of such plaint, petition, original proceeding or on 
the index of any other application. 

2. Endorsements and verification.-At the foot of every pleading there 
shall appear the name, enrolment number, address, phone number, mobile 
number, e-mail id and all other contact particulars of the Advocate and shall 
be signed by the Advocate, if any, who has drawn it. It shall also contain the 
name of a Senior Advocate/ Advocate, who may have settled it. Every 
pleading shall be signed and verified by the party concerned in the manner 
provided by the Code. Registry shall return, with objections, any pleadings 
that do not comply with this Rule. 

3. Particulars to be stated in address for service.—The address for 
service shall be filed with every initial pleading, petition or application on 
behalf of a party, and shall as far as possible contain the following:—
 (i) the name of the road, street, lane or municipal or other number of 
the house/ apartment/ office/ residential, commercial or industrial 
location; 
 (ii) the name of the town or village; 
 (iii) the post office or postal district; 
 (iv) the phone number(s), mobile number(s), fax number(s) and 
electronic mail address(es), if any; and 
 (v) any other particulars necessary to identify the addressee.

4. Initialing alteration etc.—Subject to Annexure C to these Rules, 
every interlineation, erasure or correction in any pleading, petition or 
application or like document, shall be initialed by the party and/ or his 
recognized agent/ Advocate presenting it.

5. Translation of documents—(1) No document in a language other 
than English, intended to be used in any proceeding before Court, shall be 
received by the Registry, unless it is accompanied by an English translation 
thereof, 
 (i) agreed to by all parties; or 
 (ii) certified to be a true translation 
(a) by an Advocate engaged, in the case; or 
 (b) by any other Advocate, whether engaged in the case or not, 
provided the Advocate engaged in the case authenticates such 
certification; or 
(iii) prepared by an official translator of the Court; or 
(iv) prepared by an official translator from authorities/ bodies duly 
recognized by the Court, Central or State Governments; or 
 (v) prepared by a translator specially appointed or approved for the 
purpose by the Registrar.

6. Service of Petitions under the Arbitration and Conciliation Act, 
1996
.-Where an application/ petition is filed under Sections 9, 11, 14, 15, 
27, 34 or 37 of the Arbitration and Conciliation Act, 1996, an advance copy 
thereof, together with annexures thereto, if any, shall be served upon each 
opposite party. In the event, the opposite party is the Union of India; a State 
Government, a Statutory Authority, a Public Sector Undertaking, or a 
Government Department etc., who may have nominated Senior/ Standing 
Counsel; Nominated Counsel; or Empanelled Counsel, such advance copy 
shall be served directly upon such Counsel (other than a Senior Advocate), 
under written endorsement of service, and not directly served upon Union of 
India/ State Government/ the concerned department, as the case may be. 
The applicant/ petitioner shall also intimate all opposite parties, in the 
matter, about the filing and likely date of listing of the said application/ 
petition. The application/ petition shall be accompanied by written proof of 
such intimation and their respective service, besides indicating name(s) of all 
opposite parties in the matter. The application/ petition shall not be listed by 
the Registry unless it complies with this Rule. 

7. Non-filing clause.-(i) Every original proceeding shall state that no 
such similar proceeding in the same matter has previously been filed and 
without that statement, such original proceeding shall not be accepted. 
(ii) Any application/ petition filed under Section 9 of the Arbitration & 
Conciliation Act, 1996, shall mandatorily contain a statement to the effect 
that no other petition on the same cause of action has been filed in any other 
Court.

1. Presentation at the counter.—(a) Subject to Annexure C to these 
Rules, all plaints, petitions, applications and documents shall be presented 
by the plaintiff, petitioner, applicant, defendant, respondent, or filing party in 
person/ his duly authorized agent/ an Advocate, duly appointed by him for 
the purpose, at the filing counter. All such documents filed in Court shall be 
accompanied by an index containing their details and page numbers. Noncompliant pleadings/ documents with this Rule will result in return with 
objections by the Registry of the filed pleading/ documents. 
(b) The Registry will ensure that plaints, petitions, applications and 
documents are placed in the appropriate part of the concerned files soon 
after they are presented. 
(c) Sufficient number of copies of the plaint, petition, application or 
document shall also be filed for service on the opposite party(s). 
(d) The plaintiff shall also specify in the index, whether original(s) of 
documents filed by the plaintiff are in whose custody, power, control and 
possession, and on what basis plaintiff makes the said statement. 
(e) Where a document, on the basis of which plaintiff sues, or a defence 
is taken or a counter-claim is made, is an entry in a shop book; other 
accounting records; or an electronically maintained record, the plaintiff/ 
defendant/ filing party respectively, shall file a certificate from an internal 
accountant or an external auditor, confirming correctness of the same, 
besides filing an affidavit under Section 65B of the Indian Evidence Act, 
1872, wherever applicable. 
(f) Along with the plaint, the plaintiff shall also be entitled to file 
applications for (i) interrogatories for examination of the defendant together 
with proposed interrogatories; (ii) discovery; and (iii) inspection of 
documents. 

2. Endorsement and scrutiny of documents.-(a) The officer in charge 
of the filing-counter shall endorse the date of receipt on the plaint, petition, 
application or document and also on the duplicate copy of the index and 
return the same to the filing party.

3. Defective pleading/ document.-(a) If on scrutiny, the pleading/ 
document is found defective, the Deputy Registrar/ Assistant Registrar, 
Incharge of the Filing Counter, shall specify the objections, a copy of which 
will be kept for the Court Record, and return for amendment and re-filing 
within a time not exceeding 7 days at a time and 30 days in aggregate. 
(b) If the pleading/ document is not taken back for amendment within the 
time allowed under sub-rule (a), it shall be registered and listed before the 
Court for its dismissal for non-prosecution. 
(c) If the pleading/ document is filed beyond the time allowed under subrule (a) the pleading/ document must be accompanied with an application for 
condonation of delay in re-filing of the said pleading/ document. 
(d) Any party aggrieved by any order made by the Registrar under this 
Rule may, within fifteen days of the making of such order, appeal against it 
to the Judge in Chambers. 

4. Registration of proceedings admitted.—On admission, relevant data 
of all matters, shall be entered into the Database.

5. Matters to be entered into the Database.—Relevant data of 
following matters shall be entered into the Database, namely: - 
 (i) rejected plaint; 
 (ii) civil suit; 
 (iii) documents filed in civil suit or any other original proceeding; 
 (iv) miscellaneous application; 
 (v) decree received for execution from other court; 
 (vi) execution application; 
(vii) particulars of Commissioner(s) as contained in Rule 7 of Chapter 
XII Rule of these Rules; 
(viii) particulars of Receiver(s) as contained in Rule 3 of Chapter 
XIX of these Rules; and 
(ix) every other filing on the original side. 
The Database shall be kept on the Original Civil Side by such 
officer(s) as the Registrar may, subject to orders of the Chief Justice, 
direct and shall be continuously updated. 

6. Ex-parte amendments.—Amendments to pleading, made only for 
purpose of rectifying some clerical errors, may be made on an order of the 
Registrar without notice to the other party.

7. Issuance of summons.-Notwithstanding anything contained in the 
Code, the Court may, in the first instance itself, order issuance of summons/ 
notices to opposite party by any or all modes of service provided in the Code 
and Rule 1(e) of Chapter VI of these Rules. 
 

8. Arrangement of record in pending matters. — The record of a suit 
shall be divided into the following parts:- 
(i) main file or part I of the suit record; 
(ii) interlocutory application file or Part II of the suit record; 
(iii) documents file or Part III of the suit record; 
(iv) evidence file or Part IV of the suit record; and 
(v) miscellaneous file or Part V of the suit record. 

9. Contents of main file (Part I of the suit record).—The main file or 
Part I of the suit record shall comprise of two sub-parts, I-A and I-B. 
Part I-A shall be kept in the following order— 
On the left hand side of the file following documents shall be kept: - 
 (i) index; 
 (ii) order sheet; 
 (iii) judgment and decrees; and 
 (iv) copy of the judgment and decree of the appellate court or courts, if 
any. 
On the right hand side of the file, following documents shall be kept: - 
 (i) index; 
 (ii) plaint together with any schedule annexed thereto/ latest amended 
plaint, together with any schedule annexed thereto; 
 (iii) written statement(s) together with any schedule annexed thereto/ 
latest amended written statement(s) together with any schedule 
annexed thereto; 
(iv) replication(s) together with any schedule annexed thereto/ latest 
amended replication(s) together with any schedule annexed 
thereto; 
 (v) any other pleading relating to counter claim together with any 
schedule annexed thereto, etc.; 
 (vi) list of witnesses; 
 (vii) valuer‘s report, receiver‘s report and objections thereto; and 
 (viii) application for compromise recorded, and the report received after 
reference has been made under Section 89 of the Code. 
Part I-B shall be kept in the following order – 
(i) index; 
(ii) all previous versions of the plaint, except the last amended plaint; 
(iii) all previous versions of all written statement(s), except the last 
amended written statement(s); and 
(iv) all previous versions of the replication(s) except the last amended 
replication(s); 
 

10. Interlocutory applications’ file (Part II of the suit record.)-(i) The 
Interlocutory applications‘ file shall be kept in the following order—
 (a) index; and 
 (b) all interlocutory application(s), their respective reply(s) and their 
respective rejoinder(s). 
 (c) Rule 9 shall in case of amended interlocutory application/ reply/ 
rejoinder apply mutatis mutandis to interlocutory application/ reply/ 
rejoinder. 
 (ii) No document(s) shall be attached to any interlocutory application. 
Any document(s) relied upon, in support of any interlocutory application, 
shall be filed with a separate index and will be placed in the documents file 
or Part III of the suit record. 
 (iii) Civil Contempt Petition shall be kept in a separate file, 
numbered as Volume(s), forming a part of Part II of the suit record. 

11. Documents’ file (Part III of the suit record.) — The documents‘ file 
shall have two sub-parts, III-A and III-B.
Part III-A shall contain all documents filed by the plaintiff including 
original documents, photocopies, printouts from electronic records, whether 
exhibited or un-exhibited, numbered chronologically. If the documents of 
the plaintiff are in more than one volume they shall be numbered as Vol. A1, 
A2, A3, etc. 
Part III-B shall contain all documents filed by the defendant(s) including 
original documents, photocopies, printouts from electronic records, whether 
exhibited or un-exhibited, numbered chronologically. If the documents of 
the defendant(s) are in more than one volume they shall be numbered as Vol. 
B1, B2, B3, etc. 

12. Evidence File (Part IV of the suit record) - The evidence file, 
whether evidence recorded by the Court/ Registrar/ Commissioner, shall 
have two sub-parts, IV-A and IV-B.
Part IV-A shall be kept in the following order— 
On the left hand side of the file following documents shall be kept:-
(i) order appointing the Registrar/ Commissioner; and 
(ii) proceedings before the Registrar/ Commissioner. 
On the right hand side the following documents shall be kept: - 
(i) report of the Registrar/ Commissioner along with oral evidence 
recorded in chronological order. 
 Part IV-B shall be kept in the following order— 
(i) affidavit(s) filed by witness(es) of the plaintiff(s) in the 
affirmative;
(ii) affidavit(s) filed by witness(es) of the defendant(s) in the 
affirmative; 
(iii) affidavit(s) by way of evidence in rebuttal filed by witness(es) for 
the parties; and 
(iv) affidavit(s)/ oral testimony of court witness(es)/ expert witness(es), 
if any.  

13. Miscellaneous file (Part V of the suit record) - (a) The 
miscellaneous file shall be kept in the following order - 
(i) index; 
 (ii) office notings; 
 (iii) service reports; 
 (iv) power(s) of attorney filed by parties; 
 (v) vakalatnama(s) filed by Advocates; 
 (vi) summons/other processes/affidavits relating thereto; 
 (vii) letters etc. calling of record etc.; and 
(viii) all other miscellaneous papers. 

14. Execution file.—Rules 9 to 13 of this Chapter, with suitable 
adaptation and modification, shall apply mutatis mutandis to the execution 
file.

15. Distribution to proper files.—The splitting up of record and 
distribution of papers into proper files shall, in all cases be done at the 
outset, and shall be continued from time to time as and when any filing are 
received by the Registry. Papers in each file shall be paginated separately. 

16. Order sheet.—(a) The order sheet shall contain all orders passed by 
the Court/ Registrar at any hearing. 
(b) All orders shall be in English and signed by the Judge/ Registrar as 
the case may be. 
(c) The order sheet shall also contain reference to the application, return, 
or other similar document with respect to which an order is made. 

1. Execution and filing of Vakalatnama.-(i) Every Vakalatnama 
shall be duly signed by the party and contain, as and where appropriate, the 
seal of the party, name of the party signing and on whose behalf he has 
signed. 
(ii) Where a Vakalatnama is executed by an agent/ authorized representative 
of a party, copy of the instrument/ document, of such authorization, shall 
accompany the Vakalatnama. 
(iii) Should the person signing the Vakalatnama, cease to be an agent/ 
authorized representative of a party, a fresh Vakalatnama, in accordance 
with these Rules, shall be executed forthwith. 
(iv) Where several persons sign a single Vakalatnama, they must put their 
signatures seriatim, mentioning, their serial number and name in brackets 
corresponding to their respective serial number and name mentioned in the 
memo of parties. 
(v) Where a single Vakalatnama has been executed in favour of more than 
one Advocate, names and particulars of all the Advocates must be provided 
therein in accordance with these Rules. 
(vi) The case number and its cause title must be clearly mentioned in the 
Vakalatnama. 
(vii) An Advocate on his filing a Vakalatnama, duly executed by a party that 
discloses name and designation of the party, shall be entitled to act, to plead 
for that party in the matter and to conduct and prosecute all proceedings that 
may be taken in respect of such matter or any application connected with the 
same, or any decree or order passed therein, including proceedings in 
taxation and applications for review, execution and appeal in the Court, and 
take all such other steps as he may be specifically authorized by the 
Vakalatnama. 

2. Certificate of fee.-Every Advocate shall file his certificate of fee. 
Such certificate shall show the amount of fee paid with the date of payment 
or the amount of fee agreed to be paid to him. This certificate is to 
accompany the Bill of costs as provided in these Rules. 

3. Endorsement in Vakalatnama.-No Vakalatnama shall be accepted 
unless it contains the following under the signature of the Advocate:— 
 (i) an endorsement in token of its acceptance with the date of 
acceptance; and 
 (ii) the name, enrolment number, address, phone number, mobile 
number, e-mail id and all other contact particulars of the Advocate 
for service of the Advocate. 

4. Notice of determination of authority of Advocate.-Except in 
exceptional and unavoidable circumstances, a party desiring to obtain an 
order for determination of authority of his Advocate, who has filed a 
Vakalatnama on his behalf in a suit or matter, shall do so by application, 
after having first served notice thereof to the Advocate concerned, and move 
such application well within time, so that proceedings continue on the date 
fixed and are not adjourned for such reason. No adjournment shall be 
granted on ground of determination of authority of Advocate.

5. Notice of discharge to a client.—An Advocate in a suit or matter 
desiring to obtain an order for his discharge, shall first serve notice of his 
intended application for discharge to his client, and the fact of such notice 
having been served shall be stated in the application. Such application must 
be moved well within time so that proceedings continue on the date fixed 
and are not adjourned for such reason. 
Provided that an Advocate may be discharged by consent of the 
Advocate and the party by a letter addressed to the Registrar and signed both 
by the Advocate and the party. 

1. Service of notice.—(a) Except where otherwise provided by these 
Rules, or ordered by the Court, all summons, notices other documents 
required to be given to or served on a party or person, who resides within the 
jurisdiction of the Court, shall be served on such party or person either 
personally or on his Advocate. 
(b) Service of any notice, order or other document upon a person, who 
resides outside the jurisdiction of the Court/ Registrar, but within the 
territory of India, may ordinarily be effected, by posting a copy of the 
document required to be served in a prepaid envelope registered for 
acknowledgement addressed to the party or his agent empowered to accept 
service, at the place where the party or his agent resides or carries on 
business or personally works for gain or by means of recognized courier 
service (subject to furnishing the track report). 
(c) Notwithstanding anything contained in Rule 1(b) of this Chapter, the 
Registrar may direct in a particular case or class of cases, that service be 
effected in any other manner provided by the Code for service of summons. 
(d) Unless the contrary is proved, a document served by post shall be 
deemed to be served by the time at which it would be delivered in the 
ordinary course of post. 
(e) Notwithstanding anything contained in Order V rule 10 of the Code, 
the Court may, in the very first instance, issue summons by registered post 
(acknowledgement due) or by authorized courier or by fax or electronic mail 
service, SMS or any other web based or virtual communication mode or 
permit the plaintiff to serve the summons dasti; in addition to the ordinary 
way. Court may direct service of summons by all modes of service 
simultaneously or in any combination of any of the modes of service. For 
this purpose, the publicly available e-mail address and fax number, either on
the website of the party or in public domain/ records shall be deemed to be 
the correct e-mail address and fax number respectively. 
(f) The summons/ notice shall specify the time within which the written 
statement/ response is to be filed as per the Code or these Rules. 

2. Time for payment of process fee and consequence of nonpayment.
Process fees, in a sum to be determined, shall be collected one 
time from the plaintiff at the time of institution of the suit. Process fee, in a 
sum to be determined, shall be collected one time from the defendant at the 
time of filing the written statement. In case a party is burdened with payment 
of expenses towards publication, commission etc. the same shall be 
forthwith deposited and no later than seven days of the date of the order. The 
Court shall notify the process fee payable from time to time and require the 
plaintiff to ensure availability of copies of the plaint and documents for 
service on other side. 
If the plaintiff or applicant fails to take any step or where the plaintiff or 
applicant commits default in furnishing/ making such payment or it appears 
to the Registrar that he is not prosecuting the matter with due diligence, the 
Registrar shall call upon the party to explain the default and if no 
explanation is offered, or if the explanation offered appears to the Registrar 
to be insufficient, the Registrar may issue summons calling upon the 
plaintiff or the applicant to show cause before the Court why the plaint or 
the application should not be dismissed. 

3. Power to dismiss for non-prosecution.—Upon such summons not 
being issued, the Court may, after hearing the plaintiff or in his absence, 
dismiss the suit for non-prosecution or make such other direction in the 
interest of justice. 

4. Full address to be given of persons on whom process to be 
served.—
The particulars required to be set out in Rule 3 of Chapter III shall 
be provided by the plaintiff for issue of any process to the party. 

5. Returnable date of summons.—Unless otherwise ordered, every writ 
of summons shall be made returnable as follows: 
 (1) if the defendant or all the defendants reside within the jurisdiction 
of the Court, in four weeks from the date of the admission of plaint; 
and 
 (2) in all other cases, within such time as may be considered
sufficient for the transmission, service and return of the summons.

6. Expeditious issue of processes.—Process for service or execution 
shall be prepared and issued expeditiously. Where an interim order/ stay 
order is granted, notice thereof shall not be issued by the Registry unless the 
applicant furnishes requisite number of copies for service of each nonapplicant. 

7. Process to be served after identification of party.—The processserving officer shall serve all processes entrusted to him after due enquiry as 
to the identity of the persons on whom or the house or property where, the 
same is to be served. 
Provided that if it appears to the Registrar that sufficient information 
cannot be given as to the identity and place of residence of the person upon 
whom process is to be served or as to the house or property where process is 
to be served or if the Registrar is satisfied from the affidavit of the serving 
officer or upon his examination on oath, if necessary, that the person or the 
house or property or the place of residence of the person aforesaid could not 
be identified after due diligence and enquiry, he may ask the party concerned 
to supply an identifier.

8. Endorsement of identifier on the original process.—If the serving 
officer is not personally acquainted with the person to be served, he shall, 
wherever possible, obtain on the original process the endorsement by 
signature or thumb-impression of a respectable person of the locality 
identifying such person, his place of residence/ the house or property on 
which the process is served. 

9. Procedure where defendant refuses to accept service or cannot be 
found.
—Where the person to be served, or his agent, refuses to sign the 
acknowledgment, or where the serving Officer, after using all due and 
reasonable diligence, cannot find that person and there is no agent 
empowered to accept service of the summons on his behalf, the serving 
officer shall affix a copy of the summons on the outer door or some other 
conspicuous part of the house in which that person ordinarily resides or 
carries on business or personally works for gain, and shall then return the 
original to the Court with a report endorsed thereon annexed thereto stating 
that he has so affixed the copy, the circumstances under which he did so and 
the name and address of the person (if any) by whom the house was 
identified and in whose presence the copy was affixed. He shall also obtain 
the signature of the person on the return, who identified the person or in 
whose presence the copy was affixed on the said house. 

10. Return of service.—(a) Every process serving officer shall 
immediately after completion of any duty connected with any process, 
record with his own hand upon the original process at the place of execution 
and in the presence of at least one respectable witness, his report specifying 
the manner of execution or the causes which prevented execution. 
Thereafter, he shall swear or affirm the correctness of that report before an
officer of the Court, duly authorized in this behalf and file the same in Court 
together with the process. 
(b) Process serving officer must invariably note the date, hour and exact 
place of service on each individual process. 
(c) If no witness is available, the serving officer shall so state in his 
report. 
(d) If the process is addressed to more than one person, the report shall 
describe the manner of service on each person and also the sequence in 
which the processes are served on different persons.  

11. Service by affixing to outer door.—The serving officer shall make 
an affidavit as to the following matters: 
 (1) the number of times, dates and hours at which he visited the 
address on the summons/notice; 
 (2) the attempts made by him to find the person to be served; 
 (3) whether he had any and, if so what, reason to suppose that such 
person was within the house or in its neighborhood, or attempting 
to evade service; and 
 (4) whether any adult member of the family of the person to be served 
was residing with him.

12. Notice where summons is affixed at outer door.—If a summons to 
defendant is affixed to the outer door of his house in the manner provided in 
Rule 11, the serving officer shall affix thereto the notice in a prescribed 
format that the person, being served can, upon an application to the Court, 
obtain a copy of the plaint/ petition etc. and shall in his report state that he 
has done so and shall return the plaint/ petition etc. to the Court. 

13. Inquiry as to sufficiency of service.—Service by any of the 
recognized modes shall be deemed to be service. Rules relating to affixation, 
identification, proxy service, and endorsement etc., shall be applicable only 
in those cases where it is not possible to effect service in any other mode. 
The Registrar shall, in all cases where the process has been returned, and in 
which an appearance has not been entered on the day appointed therefor, 
hold an inquiry as to the sufficiency of service of process. 
If there is any dispute regarding sufficiency of service and the Registrar 
is unable to decide the same due to any reason, the Registrar shall 
expeditiously place the matter before the Court.

14. Registrar to execute or to cause to be executed process.—The 
Registrar and, subject to his directions, any other officer of the Court shall 
execute or cause to be executed, through the officers of the Court, all 
processes including all warrants or orders for delivery, attachment or sale of 
property in execution, or for the arrest or custody of any person, which may
be entrusted to him for execution. They shall return all warrant and orders 
within the time prescribed, with an endorsement specifying the manner of 
execution or the causes which prevented execution. Such warrants and 
orders shall be filed in the record. A process service register shall be kept in 
the prescribed form. 

15. Noting of date on processes.—The Officer-in-charge of the Process 
Serving Branch shall note on every process the date on which it was 
delivered to the process server. 

16. Service on the Advocates of parties.—Service of any process, 
notice, order or other document on the Advocate of any party may be 
effected by delivering it to the Advocate, or by leaving it with a clerk in his 
employment. 

17. Affidavit of service.-Except where the process, notice, order or other 
document has been served through the Registry, the party required to effect 
service shall file an affidavit of service along with such proof thereof, as 
may be available, stating the manner in which the service has been effected. 

18. Service through another Court.-Where process, notice, order or 
other document has been served through another court, the service may be 
proved by the deposition or affidavit of the serving officer made before that 
court through which the service was effected. 

19. Practice Directions - Issuance of summons.- Practice directions 
titled as ‗Practice Directions for issuance of summons/ notices through speed 
post/ registered post with Proof of Delivery (POD) in the High Court of 
Delhi‘, stand incorporated by inclusion in these Rules and are annexed 
hereto as Annexure A.

1. In default of appearance by defendant suit to be posted for 
hearing.
—If on the day fixed for his appearance in the writ of summons, the 
defendant does not appear, and it is proved that summons was duly served, 
the suit shall proceed for hearing. 

2. Procedure when defendant appears.—If the defendant appears 
personally or through an Advocate before or on the day fixed for his 
appearance in the writ of summons:— 
(i) where the summons is for appearance and for filing written 
statement, the written statement shall not be taken on record, unless 
filed within 30 days of the date of such service or within the time 
provided by these Rules, the Code or the Commercial Courts Act, as 
applicable. An advance copy of the written statement, together with 
legible copies of all documents in possession and power of 
defendant, shall be served on plaintiff, and the written statement 
together with said documents shall not be accepted by the Registry, 
unless it contains an endorsement of service signed by such party or 
his Advocate. 
(ii) the Registrar shall mark the documents produced by parties for 
purpose of identification, and after comparing the copies with their 
respective originals, if they are found correct, certify them to be so 
and return the original(s) to the concerned party. 

3. Affidavit of admission/ denial of documents alongwith written 
statement.
- Alongwith the written statement, defendant shall also file an 
affidavit of admission/ denial of documents filed by the plaintiff, without 
which the written statement shall not be taken on record. Alongwith the 
written statement, the defendant shall be entitled to file applications for 
interrogatories for examination of the plaintiff together with proposed 
interrogatories; application for discovery; and application for inspection of 
such documents. 

4. Extension of time for filing written statement.—If the Court is 
satisfied that the defendant was prevented by sufficient cause for exceptional 
and unavoidable reasons in filing the written statement within 30 days, it 
may extend the time for filing the same by a further period not exceeding 90 
days, but not thereafter. For such extension of time, the party in delay shall 
be burdened with costs as deemed appropriate. The written statement shall 
not be taken on record unless such costs have been paid/ deposited. In case 
the defendant fails to file the affidavit of admission/ denial of documents 
filed by the plaintiff, the documents filed by the plaintiff shall be deemed to 
be admitted. In case, no written statement is filed within the extended time 
also, the Registrar may pass orders for closing the right to file the written 
statement.

5. Replication.-The replication, if any, shall be filed within 30 days of 
receipt of the written statement. If the Court is satisfied that the plaintiff was 
prevented by sufficient cause for exceptional and unavoidable reasons in 
filing the replication within 30 days, it may extend the time for filing the 
same by a further period not exceeding 15 days but not thereafter. For such 
extension, the plaintiff shall be burdened with costs, as deemed appropriate. 
The replication shall not be taken on record, unless such costs have been 
paid/ deposited. In case no replication is filed within the extended time also, 
the Registrar shall forthwith place the matter for appropriate orders before 
the Court. An advance copy of the replication together with legible copies of 
all documents in possession and power of plaintiff, that it seeks to file along 
with the replication, shall be served on the defendant and the replication 
together with the said documents shall not be accepted unless it contains an 
endorsement of service signed by the defendant/ his Advocate.

6. Affidavit of admission/ denial of documents with replication.-
Alongwith the replication, the plaintiff shall also file an affidavit of 
admission/ denial of documents filed by the defendant, without which the 
replication shall not be taken on record. 

7. Affidavit of admission/ denial of documents, even if replication 
not filed.
-Irrespective of whether the plaintiff files the replication or not, the 
plaintiff shall be bound to file affidavit of admission/ denial of documents 
filed by the defendant alongwith the written statement within the time 
permissible for filing replication. In case the plaintiff fails to file the said 
affidavit, the documents filed by the defendant shall be deemed to be 
admitted. The Court or the Registrar, as the case be, shall exhibit documents 
admitted by the parties. 

8. Cost where document denied without just reason or cause.-Where 
any party, without just reason or cause, denies a document, which the party 
propounding is compelled to prove, the Court may, award costs of proof of 
such document on the party denying the same. 

9. Orders as to claims for set-off.—Where a defendant pleads a set-off 
under Order VIII, rule 6 of the Code, the Court on application of the plaintiff 
made in that behalf may, at any stage of the proceedings, and after hearing 
the defendant, make an order directing that the claim for set-off be tried 
separately or make such other order as may be just. 

10. Counter-claim by defendant.—(a) A defendant in a suit, in addition 
to his right of pleading a set-off under Order VIII, rule 6 of the Code may set 
up by way of counter-claim against the claims of the plaintiff, a right or 
claim, whether such counter-claim is founded in damages or otherwise. The 
counter-claim shall be numbered separately, in accordance with 
categorization and nomenclature, as provided in these Rules. 
(b) Such counter-claim shall have the same effect as a cross-suit so as to 
enable the Court to pronounce a final judgment in the same suit, both on the 
original claim and on the counter-claim. 
(c) Rules relating to plaints shall apply mutatis mutandis to counterclaim. Rules 2 to 8
of this Chapter shall also apply mutatis mutandis to 
counter-claim. 

11. Counter-claim to be specifically pleaded.—Where any defendant 
seeks to rely upon any grounds as supporting the right of counter-claim, he 
shall, in his written statement, state specifically that he does so by way of 
counter-claim. 
Where a defendant sets up a counter-claim, the Court on the application 
of the plaintiff, made in that behalf at any stage of the proceedings, and after 
hearing the defendant, may make an order directing that the counter-claim 
be tried separately or make such other order as may be just.

12. Proceeding with the counter-claim where suit is stayed etc.—
Where in a case in which the defendant sets up a counter-claim, the suit of 
the plaintiff is stayed, discontinued or dismissed, the counter-claim may be 
proceeded with in accordance with these Rules.

13. Order XX rule 19 of the Code to apply to decree in such suits—
sub-rules (1) and (2) of rule 19 of Order XX of the Code shall apply to the 
decree in a suit in which counter-claim is made. 

14. No documents to be filed after completion of pleadings.-Except as 
provided in Order XIII of the Code and these Rules, neither party shall be 
entitled to file any documents after completion of pleadings in the suit. Upon 
failure of parties to file their respective documents and/ or file the respective 
documents on completion of filing of pleadings, in accordance with these 
Rules, the Registrar shall forthwith place the matter before Court. 

1. Applications for Discovery, Inspection and Interrogatories by 
plaintiff.
-In addition to the right of the plaintiff to file applications as 
provided in Rule 1(f) of Chapter IV of these Rules, the plaintiff shall also be 
entitled to file such application within 15 days of receipt of written statement 
from the defendant. No such application by the plaintiff, except with leave 
of Court, shall be entertained thereafter.

2. Applications for Discovery, Inspection and Interrogatories by 
defendant.-
In addition to the right of the defendant to file applications as 
provided in Rule 3 of Chapter VII of these Rules, the defendant shall also be 
entitled to file such application within 15 days of receipt of replication from 
the plaintiff. No such application by defendant, except with leave of Court, 
shall be entertained thereafter. 

3. Service of such applications.-On the Court allowing the application 
for interrogatories, the same shall be served upon and answered in 
accordance with the provisions of the Code.

1. Reference to Alternate Dispute Resolution mechanism.-Where it 
appears to the Court/ Registrar that there exists elements of a settlement 
which may be acceptable to the parties, the Court/ Registrar shall direct 
parties to the suit, to opt for any mode of settlement outside the Court, as 
specified in Section 89(1) of the Code. In case parties opt for Mediation, the 
Court/ Registrar shall direct them to proceed in accordance with Delhi High 
Court Mediation and Conciliation Rules, 2004. In case the parties opt for an 
alternative dispute resolution mechanism, the Court/ Registrar shall fix the 
date of appearance before such person, forum or authority as may be opted 
by the parties. 

2. Personal appearance - The Court may, at any stage of the 
proceedings, require personal attendance of the parties/ authorized 
representative to ascertain facts, if circumstances so warrant. 

3. Judgment at the first hearing. — On the first hearing of proceedings, 
the Court shall ascertain from each party, whether they admit allegations of 
fact made against them by the other. If any party makes such an admission, 
the Court, after recording such admissions, may proceed to pronounce a 
judgment. If on that date the defendant appears and the plaintiff does not 
appear, the Court shall make an order that the suit be dismissed, unless the 
defendant admits the claim or part thereof, in which case, the Court shall 
pass a decree against the defendant upon such admission, and where only a 
part of the claim has been admitted, shall dismiss the remainder claim in the 
suit.

4. Examination of parties etc. at the first hearing.—If at the first 
hearing the defendant does not admit the claim, the Court shall examine any 
party appearing in person or present in Court, or any person able to answer 
any material questions relating to the suit by whom such party or his 
Advocate is accompanied. The Court may, in its discretion, permit any party 
to suggest questions to the Court for being put to the person under 
examination. 

5. Examination to be recorded.-The substance of the examination shall 
be reduced into writing and shall form a part of the record. Where after such 
examination it appears that the parties are not at issue on any question of law 
or fact, the Court may at once pronounce judgment. 

6. Disposal of the matter at the first hearing.—(1) Where the parties 
are at issue on some question(s) of law or fact, the Court may frame issues, 
and if satisfied, no further argument or evidence other than that the parties
can at once adduce is required upon such of the issues as may be sufficient 
for the decision of the suit, and that no injustice will result from proceeding 
with the suit forthwith, may, proceed to determine such issues, and if the 
finding thereon is sufficient for the decision, may pronounce judgment 
accordingly. Except for reasons recorded in writing, framing of issues and 
trial of the suit shall not be delayed or postponed on account of pendency of 
application(s). 
(2) Where the finding is not sufficient for a decision, the Court shall 
adjourn the matter directing the parties to file their respective lists of 
witnesses in accordance with these Rules. 
(3) Upon filing of list of witnesses, within the time prescribed, the Court 
shall examine the same and pass appropriate orders as provided in Rule 5 of 
Chapter XI of these Rules. 

1. Form.—Every interlocutory application shall be instituted in the suit 
or matter in which it is filed. 

2. Contents of applications.—(i) Except where otherwise provided by 
these Rules or by any law for the time being in force, an interlocutory 
application: 
(a) shall contain only one prayer or one series of alternative prayers of 
the same kind; 
 (b) shall not contain any argumentative matter; 
(c) shall be supported by an affidavit, stating clearly the grounds and 
the facts on which the application is based. Where the application 
is for condonation of delay, the exact period of delay and the 
reasons thereof shall also be clearly stated in the application; 
 (d) an advance copy of the application together with its affidavit and 
other documents/ material, filed along therewith, shall be served 
upon the opposite party. The applicant shall intimate all Advocates 
in the matter about the filing and likely date of listing of the said 
application and give an undertaking on the index of the application 
to the effect that all parties to the litigation have been duly served. 
The application shall be accompanied by written proof of such 
intimation and their respective service and number of nonapplicants. The application shall not be listed by the Registry 
unless it complies with this sub-rule. 
(ii) Where an advance copy of the application has been served on the 
non-applicant or his Advocate, the Court shall proceed to hear the
application and pass such orders as may be considered appropriate on the 
application without issuing any notice to the non-applicant or his Advocate, 
unless it directs otherwise. The applicant shall be bound to intimate the 
opposite parties by any or all modes including SMS/ e-mail/ fax or any other 
recorded delivery of the date on which the application is scheduled to be 
listed. Non-appearance of the non-applicant on the said date may result in 
adverse orders being passed against the non-applicant. 
(iii) Notwithstanding Rule 2(ii) of this Chapter, the Registry may direct 
filing of additional copies for service of the opposite party. 
(iv) Where an applicant desires that he be heard in Camera for the 
purpose of passing an ex-parte interim order, he shall file an application 
stating reasons thereof. 
On such application being allowed, only the name/ pseudo name of the 
applicant shall appear in the cause list as may be directed by Court. 

3. Listing - All fresh interlocutory applications should be listed on the 
dates that the matters are listed next before the Court/ Registrars, if the next 
date is within 10 days of the Applications being numbered. 

4. Urgent Listing - Any application seeking urgent relief, if 
accompanied by an application setting out reasons for urgency and filed 
before noon, and if in order, shall be placed for orders before the Court on 
the following working day. 

1. Evidence. - (i) For the purpose of recording evidence, cases would be 
categorized in the following classes: 
(a) cases where evidence is to be recorded in Court; 
(b) cases where evidence is to be recorded before the Registrar; and 
(c) cases where evidence is to be recorded before a Commissioner;
(ii) The Court shall appoint Registrars and Commissioners to record 
evidence. However, in appropriate cases the Court may, considering the 
nature of the case, issues involved and the nature of the witness(es) to be 
examined and such other factors which may be relevant for this purpose, 
give directions with regard to recording of evidence of such witness(es) 
before itself. The Court may also give directions as to whether in a given 
case, the examination-in-chief of a witness shall be on affidavit or his entire 
testimony is to be recorded orally. The Court may, at any time, change the 
category of a case, if circumstances so require.

2. List of witnesses.-(i) Within fifteen days of the framing of issues or 
within such time as ordered by the Court, all parties shall file their respective 
lists of witnesses stating whom they seek to produce in support of their 
respective cases. Such lists shall also state particulars of witnesses, as 
required by these Rules. 
(ii) The Registry shall return with objections any list of witnesses that 
does not comply with the provisions of this Chapter. 

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suit No....................of......................Plaintiff/Petitioner.....................v......................Defendant/Respondent NEXT DATE OF HEARING List of witnesses filed by the........................................................................

 

Serial No. Full name and complete address Facts Sought to be proved by the evidence of the witness Documents sought to be proved by the evidence of the witness
       
       

Part—A Witnesses required to be examined on Commission and 
Video conferencing. 
Part—B Witnesses required to produce documents only and who 
are not required to give oral evidence. 
Part—C Witnesses required to give oral evidence and also to 
produce documents, including expert witnesses. 
Part—D Witnesses required to give oral evidence but from whom 
no documents are required to be proved. 
Filed by Advocate for 
the Plaintiff/Defendant/ Petitioner/Respondent 
Filed on..................... 

 

4. Language of witness.-In such list, the language in which the 
witness(es) will depose, shall, as far as possible, be indicated, so that 
services of an interpreter, if required may be suitably arranged for by the 
concerned party. 
 

5. Scrutiny of witnesses by court.-The Court shall examine the list of 
witnesses and pass appropriate orders directing deletion of name of any 
witness(es) that it deems irrelevant to the issues and pass such further orders 
in relation to the same and thereafter direct trial in the suit/ proceedings and 
evidence to be recorded. 

6. Expert witnesses.-The Court may, either on its own motion, or on an 
application of any party, permit an expert witness to testify. In such a case, 
the Court may pass appropriate orders for recordal of his testimony, manner 
of recordal, document relied upon by the expert and the fee payable to him. 

7. Summoning of witnesses.-(i) Soon after the filing of list of witnesses, 
the party may get summons issued to its witnesses mentioned in Part B, C 
and D subject to the provisions of Rule 3A of Order XVI of the Code. 
(ii) An application for summoning witness(es), shall set out names of 
witness(es) proposed to be summoned for a specified date. 
(iii) A party shall not be entitled to obtain process to enforce attendance 
of or call or produce any witness at trial who is not named in the list of 
witnesses filed by him, without an order of Court stating reasons thereof. 
(iv) Summons for appearance of witnesses shall be issued only upon 
deposit of process fees and diet money into Court which shall be calculated 
by the office and deposited by the party concerned within seven days.
(v) The Court/ Registrar/ Commissioner may permit a party to effect 
service of summons on witness(es), in which event, the Registry shall give 
the summons to such party for service. 
(vi) Service of such summons shall be effected by or on behalf of such 
party by personally delivering or tendering the summons signed by Court/ 
Registrar/ any officer authorized in this behalf and sealed with the Seal of 
the Court. 
(vii) Provisions of Order V, rules 16 and 18 of the Code shall apply to 
summons so allowed to be served, as if the person effecting service, were a 
serving officer. Summons shall be returned to the Court, with the affidavit of 
the person serving the same, giving complete details of the time, place, and 
name of the person to whom they were delivered or tendered as also the 
name of the person in whose presence the same were delivered or tendered. 
Where summons have not been served by the party itself, they shall also be 
counter signed by such party, verifying correctness of the report in the 
affidavit. 
(viii) In case, a witness fails to appear or comply with summons served in 
the manner provided in the preceding sub-Rules, consequences provided in 
Order XVI, rules 10 and 12 of the Code may ensue. 
(ix) Where summons are delivered or tendered in accordance with Rule 
7, sub-Rules (iv) and (v) of this Chapter, expenses, referred to in sub-rule (1) 
of rule 2 of Order XVI of the Code, shall be paid to the witness(es) by the 
party or his agent in accordance with directions of Court/ Registrar/ 
Commissioner. 
(x) If such summons, when delivered or tendered, is refused, or if the 
person served refuses to sign an acknowledgment of service, or for any 
reason such summons cannot be delivered or tendered personally, the Court/ 
Registrar/ Commissioner shall, on an application of the party, order re-issue 
of such summons to be delivered or tendered, in the same manner as a 
summons to a defendant, as provided in these Rules. 
(xi) Notwithstanding anything else contained in these Rules, the Court/ 
Registrar/ Commissioner may also order issue of summons to witness in 
accordance with any mode provided in Chapter VI of these Rules. Expenses 
for such service shall be borne by the party summoning the witness(es). 

8. Process, travelling expense, boarding and lodging of out station 
witnesses.
-(i) In the event of summons being sought for a witness who 
resides outside Delhi, the case shall be listed before the Registrar for 
assessment of the travelling, boarding and lodging expenses of the 
witness(es). Process for appearance of the witness shall be issued only upon 
deposit of the assessed expenses by the party in Court within the time 
prescribed by these Rules. 
(ii) So far as expert witnesses are concerned, expenses would be 
prescribed by the Court taking into consideration the subject matter of the 
testimony, the qualification of the expert, the position held by the expert, 
time likely to be spent and any other relevant matter.

9. Witnesses-Part B.-(i) A witness named under Part B summoned to 
produce a document shall be deemed to have complied with summons, if he 
causes such document to be produced, alongwith authorization, instead of 
appearing personally. 
(ii) While issuing summons to witness(es) the Court/ Registrar/ 
Commissioner may order, that suitable instructions be provided, on 
summons itself making the witness aware of the purpose of his summoning. 
Such summons may also indicate that, if for absolutely unavoidable reasons 
the witness concerned is unable to attend Court/ Registrar/ Commissioner, 
on the date(s) fixed by the summons, he would inform Court/ Registrar/ 
Commissioner in advance, with his undertaking to appear on the date(s) 
intimated to him. Court/ Registrar/ Commissioner may, if it considers 
appropriate, exempt the witness from personal appearance for the date fixed.
(iii) The Court/ Registrar/ Commissioner for adequate reasons, if 
considered necessary, may keep copies or extracts of the summoned 
documents produced by the witness and return the original with directions to 
produce the same as and when so directed. 
(iv) The Court/ Registrar/ Commissioner shall mark exhibit on the 
documents so retained, subject to objection(s), if any. 

10. Recall of witness.-The Court/ Registrar/ Commissioner may (for 
reasons to be recorded in writing) recall any witness in terms of Order 
XVIII, rule 17 of the Code. 

11. Objections to exhibition of documents.-(i) Objection(s) to 
exhibiting any document or its production, shall be recorded to be decided at 
the time of decision of the suit/ other original proceeding or at such time as 
the Court considers appropriate. 
(ii) In case, the Registrar/ Commissioner considers that the objection(s) 
needs to be decided forthwith, he shall place the matter before Court, 
without delay after recording of reasons for the same.

12. Failure to summon or examine summoned witness.-If steps for 
summoning a witness(es) are not taken by a party, or if a summoned 
witness(es) is not examined by a party, such party shall forfeit it‘s right to
again summon the said witness(es), unless Court/ Registrar is satisfied that 
such a party was prevented by any sufficient reason from summoning the 
witness(es) or examining the witness(es). 

13. Evidence of outstation witnesses.-Recording of evidence of 
outstation witness(es), shall be on day-to-day basis, till the witness(es) is 
discharged.

14. Cost of adjournment.-(i) In case, an adjournment is necessitated for 
examining or cross examining witness(es), reasons for such adjournment 
shall be recorded by Court/ Registrar/ Commissioner. In such event, actual 
reasonable costs of travel/ stay/ loss of income of such witness(es) shall be 
recorded in the order sheet. The party at whose instance such adjournment is 
necessitated will be required to deposit, within one week of the adjournment 
or in such time granted by the Court/ Registrar/ Commissioner, such costs so 
recorded, irrespective of reasons for adjournment. 
(ii) In case, the party, at whose instance such adjournment has been 
granted fails to deposit the costs, such party shall not only forfeit the right to 
examine or cross examine the witness(es), as the case may be, but will also 
be liable for consequences as laid down in these Rules.

15. Power to proceed with hearing of suit.-Notwithstanding anything 
contained in Order XVIII of the Code or these Rules, the Court/ Registrar 
may, for sufficient reasons, proceed with the hearing of the suit, although
evidence of the party, having the right to begin, has not been concluded. The 
Court/ Registrar may also allow either party to produce any witness(es) at 
any stage of the suit. 

16. Re-attendance of witnesses on adjourned hearing.—When hearing 
of a case is adjourned, re-attendance of witnesses present may be secured by 
payment to them of travelling and subsistence allowances and by binding 
them down for the date fixed by the Court/ Registrar/ Commissioner for reattendance without having to issue fresh process to them

17. Production of public document.—(a) Every application for 
summons for production of a public document shall be supported by an 
affidavit stating— 
 (i) the description of the document(s), the production of which is 
required; 
(ii) the relevancy of the document(s); 
 (iii) the reasons why production of a certified copy of the same would 
not serve the purpose; and 
 (iv) in case where production of a certified copy would serve the 
purpose, whether application was made to the proper officer for a 
certified copy and the result of such application. 
(b) The Court/ Registrar shall not issue such summons unless he 
considers the production of the original necessary and is satisfied that 
application for supply of its certified copy has been duly made and has not 
been granted. The Court/ Registrar shall in every case record his reasons. 
(c) Nothing in this rule shall apply to an application under Order XIII, 
rule 10 of the Code for production of the record of any suit of proceeding.

18. Return of original public record after its production in 
evidence.—
When public records are produced and put in evidence in 
original, the Court, unless it thinks it necessary to retain the original, shall 
direct a copy to be made at the expense of the applicant, and shall return the 
original to the party/ person producing the original.

19. Suo motu power to Court to summon public records.—Nothing in 
Rule 17 of this Chapter shall prevent the Court of its own motion from 
sending for public records or other documents in custody of a public officer, 
or Court if it thinks it necessary for meeting ends of justice. Expenses for 
such summoning and of production of such records or documents shall be 
paid by such party as the Court directs.

20. Party to appear first.-If a party or his authorized agent or the 
representative of a corporate body party intends to appear as a witness, he 
shall so appear before any other witness, on his or its behalf, has been 
examined.
Provided Court/ Registrar/ Commissioner may, on an application made in 
this behalf and for reasons to be recorded, permit him to appear as his or its 
own witness at a later stage. 

21. Court to ascertain time.-Before fixing a date for evidence or 
allotting time, the Court/ Registrar will ascertain from all the Advocates of 
parties, the estimate of the likely time that may be required in examination/ 
cross-examination of witnesses by them.

22. Undertaking from witness.-In case, witnesses are present at the time 
of fixing the date(s) for evidence they would be informed accordingly and an 
undertaking would be taken from them that they would appear on the date 
fixed for evidence. 

23. Scrutiny of case.-In case, where the matter has been sent to the 
Registrar/ Commissioner for recording evidence, the Court shall fix a date 
for scrutiny to assess the progress of the case. On the date fixed for scrutiny, 
the Court shall, if necessary, give such directions as may be considered 
necessary for expeditious conclusion of the trial.

24. Reception of electronic evidence - A party seeking to tender any 
electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash 
value, the details of which shall be disclosed in a separate memorandum, 
signed by the party in the form of an affidavit. This will be tendered along 
with the encrypted CD/ DVD/ Medium in the Registry. The electronic 
record in the encrypted CD/ DVD/ Medium will be uploaded on the server 
of the Court by the Computer Section and kept in an electronic folder which 
shall be labeled with the cause title, case number and the date of document 
uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will 
be returned to the party on the condition that it shall be produced at the time 
of admission/denial of the documents and as and when directed by the 
Court/ Registrar. The memorandum disclosing the hash value shall be 
separately kept by the Registry on the file. The compliance with this rule 
will not be construed as dispensing with the compliance with any other law 
for the time being in force including Section 65B of the Indian Evidence 
Act, 1872.

25. Recording of evidence on the basis of electronic record- (i) After 
the settlement of issues, when date is fixed for recording of evidence before 
the Court/ Registrar/ Commissioner, if all parties agree, the electronic file 
can be made available and trial be conducted on the basis of the electronic 
record, with all sides extending cooperation to the Court/ Registrar/ 
Commissioner to exhibit/ mark original documents on the electronic file and 
then proceed with the trial based on electronic record. This electronic file
will also be available to the Commissioner to enable him to record evidence 
at a location outside the Court in accordance with these Rules. 
(ii) If any further exhibit/ or other markings are to be done on the original 
record, the Commissioner can make that as a part of his order and then 
putting of exhibit/ or other mark would be done on the original file on a 
mutually convenient date and time, even without presence of witness, but in 
presence of Advocates for parties. 

26. Document filed in sealed cover.-Wherever a document has been 
filed in a sealed cover, the Registry will ensure that the sealed cover is made 
available at the time of recording the evidence in the event, a party 
requisitions the same.

27. Court record.-The record of the case or relevant portion thereof, 
shall not be taken outside the Court premises except unless directed by the 
Court/ Registrar General/ Registrar in exceptional circumstances and for 
reasons to be recorded by the Court/ Registrar General/ Registrar. 

28. Manner of recordal of evidence.— (i) The evidence shall be taken 
down in writing/ typing and as far as possible in the narrative. However, if 
so required, the evidence may be recorded in question-answer form. Any 
objection raised during the recording of evidence before the Registrar or the 
Commissioner shall be recorded by him and decided by the Court at the 
stage of final arguments, unless the Registrar or the Commissioner is of the 
opinion that it will not be possible to further proceed with the matter without 
the decision on the objection raised. Such objection shall be immediately 
placed before the Court for decision. 
(ii) It will be permissible for the Court/ Registrar/ Commissioner to use 
transcription facilities or tools for recordal of evidence, and costs for the 
same shall be borne as per the orders of Court/ Registrar. 
(iii) Parties/ Witnesses shall be entitled to a copy of the deposition, free 
of cost, at the conclusion of each date. 

29. Numbering of witnesses and documents.—(i) Depositions of 
witnesses shall be numbered in one consecutive series. 
(ii) The Court Master of the Court/ Registrar, or the Commissioner, as the 
case may be, shall take charge of every document or article, produced during 
the trial for the first time. 
(iii) Documents/ articles admitted in evidence shall be numbered/ 
marked/ exhibited in one consecutive series. The exhibit or mark of every 
such document or article shall be done with an alphabet and/ or numerals 
that indicate the party by whom the exhibit/ marked document has been filed 
and / or the witness by whom it is proved. 
 

30. Deposition to be read over and signed by the witness.—After 
recording of deposition of a witness, the same shall be got signed/ thumb 
impression affixed on all pages. However, where required the deposition 
shall be read over and, when necessary, interpreted to the witnesses, before 
obtaining his signature/ thumb impression thereon. The Court/ Registrar/ 
Commissioner shall affix his signatures and date of examination.

31. Examination of documents.-The Court Master of the Court/ 
Registrar or the Commissioner, as the case may be, shall examine all 
documents produced or offered in evidence and bring any apparent 
insufficiency of court-fee or other stamp to the notice of Court for orders. He 
shall endorse all documents admitted in evidence and all documents rejected, 
with particulars required by law, and sign or initial such endorsements. 

32. Endorsement on documents.-A document, when tendered in 
evidence or produced before Court/ Registrar/ Commissioner, shall not be so 
endorsed or marked with the Seal of the Court or any exhibit mark, as to 
make any part thereof illegible. Such endorsement, Seal of the Court or 
exhibit mark shall always be made on such part or parts of the document as 
do not contain any writing and preferably on the side, top or bottom margin 
or cover page, if any, of the document. 
Provided that, if in any exceptional case, no such part or parts of the 
document are available for placing the endorsement, Seal of the Court or 
mark, then the same shall be placed on a separate slip of paper and then such 
slip shall be attached to the document. Such corresponding observations 
shall be made in the order sheet.

33. Witnesses not to be present in Court during hearing of the suit.— 
Where a party has more than one witness, whilst evidence of that party is 
being recorded, witnesses of that party who are yet to depose, would remain 
outside the court room till such time they are called to depose.

34. Exhibits other than in English to be translated.—Except with 
leave of the Court, no document, not in English language, shall be read or 
received in evidence, unless it is translated in English in accordance with 
these Rules.

35. Interrogatories to witnesses. - The Court/ Registrar shall have the 
power to order delivery of interrogatories to a witness instead of ordering 
recording of his evidence before the Court/ Registrar/ Commissioner. For 
this purpose, the party to whom such directions are issued shall, within 10 
days of such order, file the interrogatories with advance copy to the other 
party. The concerned witness shall answer to the interrogatories, in forms 
provided by the Code, within 30 days of delivery of interrogatories or such 
other period as the Court/ Registrar may specify.

36. Official Translator/ Interpretor.-The Court/ Registrar/ 
Commissioner may utilize services of an official translator/ interpreter from 
authorities/ bodies duly recognized by the Court, Central or State 
Governments, for the purpose of recording evidence.

37. Reception, retrieval, authentication and preservation of 
Electronic Records
.-The extant rules/ guidelines/ procedures made 
applicable to reception, retrieval, authentication and preservation of 
‗electronic records‘, as defined in the Information and Technology Act, 2000 
stand incorporated by inclusion in these Rules.

38. Recording of evidence by video conferencing.-The Court/ 
Registrar/ Commissioner may, if it deems appropriate, direct use of video 
conferencing in accordance with guidelines issued by Court, from time to 
time, for conduct of court proceedings between Court(s) and remote site(s). 
Guidelines presently enforce are incorporated by inclusion in these Rules 
and annexed hereto as Annexure B. 

1. Commissions.-Court may issue commission(s) from time to time, 
inter-alia, for – 
(i) making local investigation; 
(ii) scientific investigation; 
(iii) performance of a ministerial act; 
(iv) sale of movable or immovable property; 
(v) examination and/ or adjustment of accounts; 
(vi) recording evidence; 
(vii) carrying out partition of immovable property; 
(viii) carrying out partition of movable assets; 
(ix) carrying out search and seizure orders; and 
(x) any other purpose considered appropriate by the Court. 

2. Order to be sent to Commissioner.-Where commission has been 
issued, the order appointing him shall be sent to him at the earliest and no 
later than seven days from the date of such order. 

3. Power of Commissioner to serve.-Where a Commissioner has been 
appointed by the Court for local investigation, search, seizure, taking 
inventory or for carrying out any other act/ assignment in accordance with 
the order of the Court, for proper elucidation of any matter in dispute and the 
defendant has not been served, the Court may, in addition to the other modes 
of service, direct the Commissioner to serve the summons on the defendant 
along with plaint, documents, interlocutory application and copy of the
orders of the Court, with a further direction to mention such service in his 
report. Such report of service would be deemed as sufficient service of the 
concerned person.

4. Execution of Commission.-The Court may, if it considers appropriate, 
in such order, issue directions, as may be necessary, for execution of the 
commission, including directions to Commissioner to take copies of 
documents; take custody of documents, books of accounts, balance sheets 
etc.; to release the goods, documents on superdari to a named person/ party. 
Such documents/ copies shall be placed before Court alongwith the report of 
the commission. If Court considers appropriate, it may treat such documents 
as evidence, after giving opportunity of objection(s) to opposing party(s). 

5. Disclosure of conflict of interest.-Commissioner shall make a 
disclosure that he does not have any conflict of interest with any of the 
parties or the lawyers/ law firm involved in the matter. 

6. Fee of the Commissioner.—(a) The Commissioner shall be paid the 
fees and in such manner as may be ordered by Court. 
(b) The Court or the Registrar, as the case may be, may order that such 
amount, as it or he considers proper, be deposited in Court in advance 
towards fee payable to Commissioner or paid directly to the Commissioner, 
together with expenses for execution of the commission, within seven days 
of the grant of commission or letter of request or within such further time as 
may be allowed. In default, the matter shall, unless otherwise ordered, for 
reasons recorded in writing, be fixed for further proceedings. 
(c) If at any subsequent time, the Court is satisfied that the deposit made 
under these Rules is not sufficient to cover remuneration of the 
Commissioner, it may, after notice to parties or their Advocates, order such 
further amount, as it considers proper, be deposited in Court or paid directly 
to the Commissioner, within seven days from the date of such order or 
within such further time as the Court may allow. In default, the procedure 
prescribed in these Rules shall be followed. 
(d) The fees directed to be paid by the Court shall not be varied or altered 
by the Commissioner even with mutual consent of parties.

7. Database of Commissioner(s).-The name(s) of persons appointed as 
Commissioner(s) together with details of cases in which they have been 
appointed; their dates of appointment(s); schedule of fee ordered to be paid 
and received by the Commissioners and whether such commissions are 
pending or completed shall be maintained in the database. 

Commission to Examine Witnesses
8. Commission to examine witness
.-(i) The court may pass orders for 
appointment of Commissioners in order to expedite the recordal of evidence. 
The Court shall, at the time of appointing a Commissioner for recording 
evidence, give such directions as may be considered necessary for this 
purpose, including in relation to manner of recordal, making available 
judicial record, timings for recordal of evidence, manner of recordal of 
objections, outer time limit for conclusion of oral evidence, imposition of 
time limits for cross examination, fee to be paid, party who should pay the 
fees for the Commissioner etc. The Court while appointing a Commissioner 
for recordal of evidence, would consider the number of cases already 
pending before the said Commissioner for recordal of evidence. 
Notwithstanding anything contained elsewhere in these Rules, the Court 
may, in its discretion, order recording of evidence by commission at any 
stage of proceedings. Such order shall be passed by the Court after hearing 
the parties concerned. 
(ii) The Commissioner shall ordinarily not adjourn recording of evidence 
for a period beyond one week. Upon receipt of a request for a longer 
adjournment, the matter shall be forthwith placed before the Court for 
appropriate orders. 
(iii) The Commissioner shall follow the procedure prescribed by the 
Code, Indian Evidence Act, 1972 and these Rules, for recording of evidence. 
(iv) The Commissioner shall record all objections raised during recording 
of evidence and shall not delay or adjourn the recording of evidence on that 
ground. All such objections shall be decided by the Court at the time of the 
final hearing. 
(v) If the Commissioner is of the view that a party is unduly, 
unreasonably or unjustifiably prolonging examination/cross examination of a 
witness; the Commissioner shall record the same and immediately bring it to 
the notice of Court for appropriate orders. 
(vi) The Commissioner shall file his reports and record of proceedings on 
a hearing-to-hearing basis. The Commissioner shall in his record of 
proceedings/ order sheet, mention the time at which the proceedings 
commenced; the times at which the examination-in-chief, cross examination, 
and re-examination, if any, respectively, commenced and concluded. In such 
record the Commissioner shall also mention the time at which commission 
proceedings closed on the said date. 
(vii) The Commissioner shall obtain signatures of witness on every page 
of his testimony. In case of failure of witness to affix signature, the 
Commissioner shall make an endorsement to this effect on the statement of 
the witness. 
(viii)Where evidence is to be recorded, the Commissioner shall, to the 
extent possible, make himself available for recording evidence throughout 
the working hours of the Court and endeavour to record evidence on a dayto-day basis, except for the reasons to be recorded in writing. 
(ix) The Commissioner shall complete recording of evidence, within the 
time stipulated by the Court and in any case within six months from the date 
first fixed before him. In case the recording of evidence cannot be completed 
within the timeline fixed by the Court, the Commissioner shall furnish a 
report explaining reasons for delay and direct parties to seek appropriate 
orders from Court. The Court, in its discretion, upon examining the report of 
the Commissioner, may grant a further period within which the commission 
is to be completed or pass such orders as it considers appropriate. 

9. Examination de bene esse.—Notwithstanding anything contained in 
these Rules, commissions for examination of parties and/or witness de bene 
esse may be issued at any time where the Court considers it not possible for 
such examination to be conducted by Court. 

Commissions for Accounts Etc. 
10. Commissioner for taking accounts etc.
—The Court may appoint a 
suitable person as Commissioner for taking accounts, making local 
investigations and effecting partition of movable/ immovable property.

11. Registrar to send necessary proceedings to Commissioner.—The 
Registrar shall furnish to the Commissioner with such part of the 
proceedings as may be necessary. 

12. Commission for taking accounts how executed.—(a) The 
Commissioner shall fix the period within which the statements of accounts 
and objections thereto are to be filed by parties concerned. 
(b) The statement of account shall be in the form of a debtor and creditor 
account and shall be verified by the party concerned or his agent. The items 
on each side of the account shall be numbered consecutively and a balance 
shall be shown. 
(c) The statement of objections shall specify the items to which 
objections are taken by reference to their numbers in the statement of 
account. 
(d) The statement and objections shall also state, 
 (i) the grounds of each objection, and 
 (ii) the balance, if any, admitted or claimed to be due: and it shall be 
verified by the affidavit of the party concerned or his agent. 
(e) If any party fails to file his statement of account or objections within 
the period allowed, the Commissioner shall report the fact to Court. 
(f) When the case before him is ready for hearing, the Commissioner 
shall, after reading the statements filed before him and after examining the 
parties, if necessary, ascertain the points on which the parties are at issue and 
require them to produce their oral and documentary evidence on such points. 
(g) After the evidence has been duly taken and the parties have been 
heard, the Commissioner shall submit his report together with the entire 
record and a statement in the form of diary of the proceedings before him. 
The report shall state: 
 (i) The contested items allowed or disallowed by the Commissioner; 
 (ii) The reasons for allowing or disallowing the above; 
 (iii) The amount found due; 
 (iv) The name of the party to whom it is due; and 
 (v) The name of the party by whom it is due. 

13. Notice of filing of report; filing objections thereto.—(a) On receipt 
of the report of the Commissioner, other than the report forwarding 
deposition of a witness recorded by him, the Registrar shall give notice to 
parties to suit or matter of filing of the report. 
(b) Any party desiring such report to be set aside or varied shall, unless 
the Registrar otherwise directs, within ten days from date of service of such 
notice on him, file his objections thereto and serve a copy of the same on 
other parties to the suit or matter. After objections have been filed as 
aforesaid, the suit shall be set down for hearing of such objections. If any 
party, after having filed objections, abandons or does not proceed with them, 
any other party having the same interest, shall be at liberty to proceed with 
such objections. 
(c) Notwithstanding anything elsewhere provided in these Rules, the 
pendency of any objection to reports furnished by the Commissioner shall 
not delay the progress of the trial. 

14. Foreign Commissions.-Notwithstanding anything contained in this 
Chapter, Commissions and Letters of Request for examination of witnesses 
in foreign countries, will be governed by directions issued by the appropriate 
authorities from time to time. 

1. Adjournments to be to a day certain.—All adjournments shall be to 
a day certain. No suit or matter shall be adjourned sine die except for reasons 
recorded in writing. No adjournment shall be granted except on good cause 
and in exceptional and unavoidable circumstances. Consent of parties by 
itself shall not be a good cause for seeking adjournment. An adjournment 
shall be on such terms as ordered by the Court/ Registrar, including 
imposition of exemplary costs as provided in Chapter XXIII of these Rules. 
 

1. No compromise without leave of Court in pauper suits.—Where a 
plaintiff has been permitted to sue in forma pauperis, the suit shall not be 
compromised without leave of the Court. 

2. Hearing in final matters.-(a) All final arguments matters shall be 
paginated by the Registry at least one week before they are listed before 
Court as a final matter. 
(b) It will be duty of Advocates for parties to exchange, at least one week 
before the date fixed for final arguments, their respective list of judicial 
precedents to which they are likely to refer. 
(c) Advocates for parties shall, at least two days before the date fixed for 
final arguments, submit a short synopsis, running into, as far as possible, not 
more than five pages, arranged issue wise, giving the details of oral and 
documentary evidence relied upon, to prove issues giving reference to 
relevant pages. In addition, they shall also file compilation of judgments 
with an index on each point of law that they wish to submit before Court. 

3. Recording of time during final hearing.-At the hearing of a suit or 
other original proceedings in Court, the Court Master shall make a note of 
the times at which each hearing commenced and terminated respectively on 
each day on which it was heard. The same shall be recorded as part of the 
record of proceedings for the day. 

4. Written judgment of one or more Judges how pronounced.—(1) 
Judgments may be either oral or written; 
(2) When the Court delivers an oral judgment, it shall be taken down by 
the shorthand-writer. A transcript shall then be prepared for correction by 
the Judge or Judges who delivered the judgment. A fair copy of the 
transcript so corrected shall be signed by the Judge or Judges and dated with 
the date of delivery and shall be the record of the judgment. 

5. When any suit or matter is heard by two or more Judges—
 (i) If they have agreed to a written judgment and signed it, one of them 
may pronounce the judgment in the absence of the other or others; 
 (ii) if any one or more of them have written separate judgments, one of 
them may pronounce the judgments written and signed by the other 
or others in his or their absence.

6. Findings of Court to be read out.-Where a written judgment is to be 
pronounced, it shall be sufficient if findings of Court on each issue and the
final order passed in the case are read out. It shall not be necessary for Court 
to read out the whole judgment. However, a copy of the whole judgment 
shall be made available for perusal of parties or their pleaders immediately 
after the judgment is pronounced

7. Payment of costs - a condition precedent for bringing a fresh 
suit.
—When a suit is allowed to be withdrawn, with liberty to bring a fresh 
suit in respect of the same subject-matter, then, unless the Court otherwise 
directs, a decree shall be drawn up, so as to make payment of costs of the 
suit, a condition precedent to the plaintiff bringing a fresh suit. 

8. Settling of draft of decree.—(i) Where the Registrar considers it 
necessary that the draft of any decree or other should be settled in presence 
of parties, or where parties require it to be settled in their presence, the 
Registrar shall, by notice in writing, appoint a time for settling the same and 
parties shall attend the appointment and produce their briefs and such other 
documents as may be necessary to enable the draft to be settled. 
(ii) Where any party is dissatisfied with the decree or order, as settled by 
the Registrar, the Registrar shall not proceed to complete the decree or order 
without allowing that party sufficient time to apply, by motion to the Court. 

9. Copies of decrees to Collector in case of pauper costs.—The 
Registrar shall cause copies of decrees to be prepared without delay for 
communication to the Collector, in cases in which pauper costs are 
recoverable by the Government. 

10. Errors how rectified after decree sealed.—After a decree or order 
has been signed, any application to rectify any inaccuracy, other than a 
clerical or arithmetical error and to make it in accordance with the judgment, 
shall be made to the Judge who passed the decree or order, or in the event of 
his absence, to any other Judge, and the Judge may, after notice to parties, 
when he deems it necessary, amend the same so as to bring it into 
conformity with the judgment, or rectify such inaccuracy or error. Save as 
aforesaid, no alternation or variation shall be made without a review of 
judgment, and re-hearing under the provisions of Section 114 and 
Order XLVII of the Code. 

1. Admission of next friend to bring a suit.—When a suit is brought on 
behalf of a minor, the next friend shall, in addition to complying with other 
applicable provisions of these Rules and the Code, make an affidavit, to be 
presented with the plaint in the suit, that he has no interest directly or
indirectly adverse to that of the minor, and that he is otherwise a fit and 
proper person to act as such next friend. The age of the minor shall also be 
stated. No formal appointment of the person instituting the suit as next friend 
need be made.

2. Next friend to file address for service.—(a) The next friend shall 
provide particulars for address as stipulated in Rule 3 of Chapter III of these 
Rules 
(b) If the next friend fails to comply with the above while filing the suit, 
or within the time granted by the Registrar, the plaint shall not be admitted.

3. List of all likely guardians ad litem to be filed.—(a) In suits, where 
the defendant is a minor, the plaintiff shall file with the plaint, a list of 
relatives and all other persons, with their correct addresses, who prima facie 
are most likely to be capable of acting as guardian for the minor defendant in 
the suit. 
(b) A notice shall be issued simultaneously to all such persons for which 
a single process fee shall be payable. Such persons shall be deemed to be 
unwilling to act as guardian ad litem, if, after service of notice, they fail to 
appear on date fixed. 
(c) If the persons specified in the list filed under sub-Rule (a) of this Rule 
3 are unwilling to act as guardian ad litem, the Registrar may, it there be 
more defendants than one, and their interests are not adverse to that of the 
minor, appoint one of such defendants, who may be willing to act as 
guardian ad litem; or may appoint, forthwith, one of the officers of the Court 
as such guardian ad litem. 

4. Address for service of guardian ad litem.—Every guardian ad litem 
of a defendant, other than an officer of the Court, shall, within seven days of 
the order of his appointment as such or within such further time as the 
Registrar may allow, file in Court, particulars as provided in Rule 3 of 
Chapter III of these Rules. Failure on his part to do so may be deemed 
sufficient ground for removing him under Order XXXII rule 11 of the Code.

5. Application of Rules 1 to 4 to persons of unsound mind and to 
appeals and applications.
—The provisions contained in this Chapter, so far 
as they may be applicable, apply mutatis mutandis to persons adjudged to be 
of unsound mind and to persons who, though not so adjudged, are found by 
Court on enquiry to be incapable of protecting their interests, when suing or 
being sued by reason of unsoundness of mind or mental infirmity. These 
provisions shall apply to appeals and applications connected therewith.

1. Summary Suits.-Order XXXVII of the Code, as in force from time to 
time, shall apply to suits filed under this Chapter, even where the suit is 
registered as a Commercial Suit.

1. Commercial Suits.-In exercise of the powers conferred under Section 
18 of the Commercial Courts Act, the Delhi High Court has issued Practice 
Directions in addition to these Rules to supplement 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. The 
‗Practice Directions under Section 18 of The Commercial Courts, 
Commercial Division and Commercial Appellate Division of High Courts 
Act, 2015‘ are annexed hereto as Annexure E. 

1. Cause lists.— The cause list shall be prepared under the directions of 
the Registrar General and signed by him. The cause list of the Court would 
comprise of the categories of cases as follows: 
a. Supplementary matters (fresh matters and fresh applications) 
b. Short matters including Case Management hearings 
c. Short cause matters 
d. Final matters 
The Court shall have the discretion to direct listing of any matter in any 
category

2. Hearing of matters.-Supplementary matters shall be taken up from 
10.30am onwards followed by short matters including case management 
hearings. Short cause matters shall be taken up thereafter. All matters in 
which arguments are required to be heard, shall be part of the short cause 
matters. The Court shall fix actual dates in all these matters except that the 
Registrar can fix the cases before the Court in Short Matters. Where the 
actual dates of hearing are yet to be fixed in the cases, the Registrar shall fix 
the said matters as Short Matters before the Court for fixing the actual dates 
of hearing. Cases in which evidence is to be recorded shall be listed in the 
category of Long Cause and those coming up for hearing after evidence shall 
be listed in the category of Finals.

3. Short cause matter shall include -
 (i) Ex-parte suits; 
 (ii) Undefended suits; 
(iii) Suits to which Chapter XVI, applies including summary suits, 
cases where preliminary issues are to be decided, summary 
proceedings in commercial matters; 
 (iv) Mortgage suits, rent suits on bonds or acknowledgement; 
 (v) Objection to Commissioner‘s report; 
 (vi) Such other suits or matters as may, by special order of the Court, be 
directed to be tried as short causes. 

4. Time slots.-The Court may, by order, fix the time allotted for hearing 
short cause and other matters in accordance with its cause list and as 
considered appropriate by the Court. The Court may in its discretion, 
considering the nature of the case, pass such orders as it deems fit and 
appropriate for speedy and expeditious disposal of the case; cutting short the 
litigation and taking such steps in this behalf.

5. Final Matters.-The Court may, from time to time, issue any direction 
reserving specific days or time for hearing Final matters. The Court/ 
Registrar may order listing of matter in Final as it considers fit and 
appropriate. 

6. Record to be maintained.-For facility of fixation of causes in the 
Court, bound registers or e-record will be maintained by the Court Masters 
incorporating the above said classification and the actual dates fixed. 

7. Format.-A format, as given below, so far applicable, will be filed by 
the plaintiff in new matters, and in pending matters the format will be filed 
by both the parties. Thereafter, the format will be filled in and completed by 
the Court Masters as and when new applications are filed and disposed of. 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI SUIT/PETITION/O.M.P./AA NO..............OF ….
.....................................................................................Plaintiff(s)/Petitioner(s) v. ..............................................................................Defendant(s)/Respondent(s) Nature of the matter: ........................................................................................................................... Status invoked: ........................................................................................................................... ADVOCATES ................................. .......................................... Plaintiff(s)/Petitioner(s) Defendant(s)/Respondent(s)

 

INTERLOCUTORY APPLICATIONS (IAs)

S. No. No. & Yr. Filed by Plaintiff/ Defendant Provisions of Law Nature of Relief Sought Remarks
           
           
           
           
           
           

 

1. Proof of facts by affidavits.—The Court may, at any time for 
sufficient reasons, order that any particular fact or facts be proved by 
affidavit, or that the affidavit of any witness be read at the hearing, on such 
conditions as the Court thinks reasonable: 
Provided that where it appears to the Court that either party bona fide 
desires that production of a witness for cross-examination and that such 
witness can be produced, an order shall not be made authorizing the 
evidence of such witness to be given by affidavit. 

2. Evidence by affidavit.—The Court may upon any application of 
either party showing sufficient cause, order attendance, for crossexamination of the deponent, and such attendance shall be in Court, unless 
the deponent is exempted from personal appearance in Court or the Court 
otherwise directs. Affidavits by way of evidence shall not merely reproduce 
pleadings and documents already filed. 

3. Title.—Every affidavit shall be instituted in the cause, appeal or matter 
in which it is sworn. 

4. Form.—Every affidavit shall be drawn up in the first person, and shall 
be divided into paragraphs to be numbered consecutively, and shall state the 
description, occupation if any, and the true place of abode of the deponent. 

5. Contents of affidavit.—Affidavits shall be confined to such facts as 
the deponent is able, of his own knowledge to prove, except on interlocutory 
applications, on which statements of his belief may be admitted, provided 
that the grounds thereof are stated.

6. Interpretation of affidavits.—An affidavit requiring interpretation to 
the deponent, unless interpreted by any of the persons mentioned in Rule 7, 
shall be interpreted by an interpreter, nominated or approved by the Court, if 
made within the jurisdiction of the Court, and if made elsewhere, shall be 
interpreted by a competent person who shall certify that he has correctly 
interpreted the affidavit to the deponent. 

7. Before whom affidavits are to be sworn.— (a) Affidavits for the 
purposes of any cause appeal or matter may be sworn before a Notary or any 
authority mentioned in Section 139 of the Code or before the Court/ 
Registrar, or before the Commissioner generally or specially authorized in 
that behalf by Court. The authority attesting any such affidavit shall, 
wherever the person is known to him, append a certificate to that effect on 
the affidavit, and where the person affirming the affidavit is not known to 
the authority concerned, the certificate shall state the name of the person by 
whom the person affirming the affidavit has been identified. 
(b) Wherever an affidavit is affirmed by an illiterate person, or a person 
not conversant with English language, the authority concerned shall, before 
attesting the same, translate and interpret the contents of the affidavit to the 
person affirming the same, and certify the said fact separately under his 
signature. 
(c) Affidavits signed outside India, shall be signed and apostilled in 
accordance with the provisions of the ‗Hague Convention Abolishing the 
Requirement of Legalization for Foreign Public Documents, 1961‘ 

8. Pardahnashin women.—Where the deponent is a Pardahnashin 
woman, unless she is known to the person attesting the affidavit, she shall be 
identified by a person to whom she is known, and that person shall also 
prove the identification by a separate affidavit. 

9. Marking, dating and initiating on exhibits.—Every exhibit annexed 
to an affidavit shall be marked, initialed and dated by the authority before 
which it is sworn. 

1. Application for appointment of Receiver to be by petition 
supported by affidavits.
—(i) Every application for the appointment of a 
receiver shall be made in writing and shall be supported by an affidavit. 
(ii) No Judicial Officer shall be appointed as a Receiver in any 
proceedings in Court. 
(iii) A copy of the order of appointment shall be sent to the Receiver.

2. Database of Receiver(s).— The name(s) of persons appointed as 
Receivers together with details of cases in which they have been appointed; 
their dates of appointment(s); schedule of fee ordered to be paid and 
received by the Receiver(s) shall be maintained in the database.

3. Receiver other than official Receiver to give security.— (a) Where 
an order is made directing a Receiver to be appointed, the person appointed, 
if not the Official Receiver, shall, unless otherwise ordered, first give 
security to the satisfaction of the Registrar for the due performance of his 
duties as receiver. Unless the Court otherwise orders, the Registrar shall take 
the personal bond of the receiver with such number of sureties as he may 
consider necessary. The amount of the bond shall be double the annual rental 
of the immovable property, or the value of the movable property which is 
likely to come into the hands of the receiver. Such annual rental or value 
shall be estimated after notice to the parties and the receiver and in case of 
disagreement the matter shall be placed before a Judge in Chambers for 
orders. 
(b) The sureties shall leave with the Registrar, an address within the 
jurisdiction of the Court for service of any notice on them. 

4. Surety may point out omission or neglect of duty cast on 
receiver.
—If the security mentioned in Rule 3, be furnished by the receiver 
by his executing a bond with a surety or sureties (including in the latter term, 
a guarantee Company or society), the surety or sureties shall be entitled, by 
an application to bring to the notice of the Court any act, omission or neglect 
of any duty cast on the receiver by law or any other circumstance, which 
would entitle the surety or sureties to be discharged from the obligation 
created by such bond and the Court may thereupon make such order and on 
such terms as it may think fit. 

5. Receiver to submit report.—Unless otherwise ordered by the Court, 
the Receiver shall, within one week of the appointment, submit to the Court 
a detailed report regarding the property with an inventory of the property, 
account books, etc. taken charge of documents by him. 

6. Directions for investment of monies in the hands of the Receiver.—
Unless otherwise ordered by the Court, the Registrar shall, in consultation 
with the parties, give appropriate directions for the investment of all monies 
received by a Receiver. Ordinarily such monies shall be deposited in a 
Scheduled Bank or invested in Government securities. 

7. Notice to surety of application effecting surety’s risk.—The surety 
or sureties mentioned in Rule 4, shall be entitled to notice of any application 
to the Court, on the part of the receiver, or any other party interested relating 
to any property in the management or under the control of the receiver which
may affect the risk undertaken by the surety or sureties under the security 
bond furnished by the receiver and the Court upon hearing the said surety or 
sureties may make such order as to his or their cost of appearance in such 
application as it may think fit. 

8. Powers of Receiver.—In the absence of any order in that behalf every 
receiver of immovable property shall have all the powers specified in Order 
XL, rule (d) of the Code, except that he shall not without the leave of the 
Court— 
(a) grant lease, or 
 (b) bring suits, except suits for rent, or 
(c) institute an appeal in any Court (except from a decree in a rent suit) 
where the value of the appeal is over Rs.1,00,000/-; or 
 (d) expend on the repairs of any property in any period of two years 
more than one-fourth of the annual rental of the property to be 
repaired, such rental being calculated at the amount at which the 
property to be repaired could be let out within fair state of repairs. 

9. Receivers’ remuneration.—The scale of remuneration of the 
Receiver shall, unless otherwise ordered by the Court in a particular case, be 
as under— 
 (1) on
(a) rents recovered, 
 (b) outstanding recovered except as provided in item (2) below, and 
(c) value realized on the sale of movable and immovable properties 
calculated on any one estate: 
 (i) On First Rs.10,000/- 5 p.c. 
 (ii) Above Rs.10,000/- up to Rs.20,000/- 3 p.c. 
 (iii) Above Rs.20,000/- up to Rs.50,000/- 2 p.c. 
 (iv) Above Rs.50,000/- up to Rs.1,00,000/- 1 p.c. 
 (v) Above Rs.1,00,000/- ½ p.c. 
 (2) On outstanding recovered from a Bank or from a public servant 
without filing a suit— 
 (i) Up to Rs.1,00,000/- 1 p.c. 
 (ii) On any further sum exceeding Rs.1,00,000/- ½ p.c. 
 (3) For taking charge of movable property which is not sold on 
debentures, debenture-stock or other securities which are not sold 
on the estimated value 1 p c. 
 (4) For taking custody of moneys 1 p.c. 
 (5) For taking custody of Government securities of stocks, shares, the 
estimated value 1 p.c.
(6) For any work, not provided for above, such remuneration as the 
Court on the application of the receiver shall think reasonable. 
Whenever the properties are in charge of an official Receiver the above 
fees shall be credited to Government revenue. 

10. Establishment and costs therefore to be detailed in the 
appointment order.
—The establishment, clerical or otherwise, required by 
a Receiver, if any, and the cost thereof, chargeable to the state or property of 
which he is appointed Receiver shall, as far as possible, be detailed in the 
order of appointments or in subsequent order. 

11. No charge for additional establishment allowed.—Unless 
otherwise ordered, no charge for establishment shall be allowed to the 
receiver.

12. Receiver to file half-yearly accounts.—(i) Every Receiver shall, 
unless otherwise ordered file his half-yearly account in Court, the first of 
such accounts to be filed within one month after the expiration of six months 
from the date of his appointment, and every subsequent account within one 
month after the expiration of each succeeding period of six months, or in a 
case where the purpose for which the Receiver was appointed has been 
carried out or completed before the expiry of six months from the date of 
appointment, within one month from the date of such carrying out or 
completion. 
(ii) Every such account shall show the balance in hand, and if so what 
portion thereof is required for the purpose of the estate and how much may 
be paid into Court or invested, and shall be verified by an affidavit. 

13. Examining and vouching of accounts by Registrar.—Every such 
account, before being submitted to the Court, shall be examined and verified 
by the Registrar, who may for this purpose require the attendance of the 
Receiver or his explanation or his evidence upon oath or affirmation or the 
production of any document by him and receive within such time as he may 
appoint and decide objections to the account and shall embody the result of 
his examination in a report. 

14. Appointment of date for passing accounts—Notice thereof.—
After the Registrar shall have submitted his report to the Court under Rule 
13, he shall obtain a date from the Court for passing such accounts, or which 
date notice shall be given to the person interested including the sureties and 
to the receiver. 

15. Objection to report to be filed.—Objection, if any to the report shall 
be filed in Court, one week before the day fixed for the passing of the 
accounts or within such further time as may be allowed by the Court. They
shall specify, in a concise form, the nature of the objection and shall be 
signed and verified.

16. Passing of accounts by Court.—Where no objections are filed, the 
Court shall, if otherwise satisfied, pass such accounts. Where objections 
have been filed, the Court shall, subject to Rule 18, after hearing the 
objections, make such order as it may think proper. 

17. Procedure of hearing of objections.—The Court may, from time to 
time, adjourn the hearing of any objections or may refer them to an officer of 
the Court or to any other person, with such directions as the Court may deem 
fit. 

18. Auditing of difficult and complicated accounts.—In any case 
where the accounts are difficult and complicated, Court may order such 
accounts to be audited at the expense of the estate by a Chartered 
Accountant.

19. Order as to payment of balance.—The Court, on the passing of the 
Accounts, may make such order as to the payment of the balance, or any part 
thereof, either into Court or in such other manner as may seem proper.

20. Consequence of Receiver’s negligence to file accounts or pay the 
balance etc.—
Where any Receiver neglects to file his accounts, or to pass 
the same or to pay the balance or any part thereof as ordered the matter shall 
be reported by the Registrar to Court, and the Court may, from time to time, 
when the accounts of such Receiver are produced to be examined and 
passed, not only disallow, the remuneration therein claimed by such 
Receiver but also charge him with interest not exceeding nine per cent per 
annum upon the balance, if any, so neglected to be paid by him during the 
time such balance shall appear to remain in the hands of such Receiver. 

21. Consequence or default by Receiver.—Where any Receiver fails to 
file any account or affidavit or to make any payment or commits any other 
default, the Receiver or persons interested or any of them, may be required 
by notice to attend before the Court to show cause why such account or 
affidavit has not been filed or such payment made or any other proper 
proceeding taken and thereupon the Court may give such directions as may 
be proper, including the discharge of the Receiver and appointment of 
another and also the payment of costs by the defaulter. 

22. Rule 8 applicable to manager or guardian.—Subject to the order of 
the Court, Rule 8 shall apply to a guardian of the person or estate of a minor 
and the manager of the estate of a lunatic appointed by the Court.

23. Interim Receiver.—Unless otherwise ordered by the Court, the 
provisions of this Chapter shall apply mutatis mutandis to orders for 
appointment of interim receivers.

1. Security Summons.—(a) Subject to any directions given by the Court, 
where security is ordered to be given to the satisfaction of the Registrar the 
party ordered to give security shall take out summons within 14 days of the 
date of the order and shall serve the same upon the opposite party. 
(b) The summons shall state the name and address of each surety to be 
tendered and a full and sufficient description of the property to be given as 
security. 

2. Affidavit to Justification.—(a) Simultaneously, every person offering 
himself as a surety shall make and file an affidavit of justification touching 
the value of his property and the debts and liabilities to which it is subject 
and also a draft of the bond proposed to be given. Copies of such affidavits 
and the draft bond will be served alongwith the summons on the opposite 
party. 
(b) Affidavits of justification shall be deemed insufficient unless they 
state that each person justifying is worth the amount required, over and 
above what will pay his just debts and over and above every other sum for 
which he is then surety. 

3. Time for inquiry.—Unless time be extended by the Court, the 
Registrar shall allow or disallow the surety within 60 days of the date of the 
order requiring security.

4. Production of title deeds etc. and examination.—(1) Every person 
offering himself as surety, shall produce before the Registrar all his title 
deeds, vouchers and other relevant and necessary documents on the day 
fixed for his examination. Such person may be examined by the Registrar on 
oath or solemn affirmation touching the value of his property, and the debts 
and liabilities to which it is subject. After being examined and allowed, he 
shall sign the requisite bond and shall deposit his title deeds, vouchers and 
such other documents as the registrar may require: 
Provided that in any case the Registrar may, on good cause shown, 
dispense with the deposit of some or all of the said documents and may 
return the same to the surety with an endorsement thereon as follows:

To Whomsoever it May Concern 
Take notice that the property to which this document relates stands 
charged for the payment of a sum of Rs...........by a bond executed

on...........day of (month), (year) ...........by...........in suit No...........of 
...........titled ...........v ...........pending in the High Court of Delhi. 
(2) The endorsement referred to in the proviso to sub-Rule (1) shall be 
cancelled by the Registrar when the surety is or stands discharged. 

5. Property in respect of which surety may justify.—The title deeds 
may relate to immovable property situated beyond the local limits of the 
ordinary jurisdiction of the Court, but shall in all cases be in the name of the 
proposed surety. A surety may justify also in respect of movable property of 
which he can produce evidence satisfactory to the Registrar, such as, deposit 
receipts, Government Promissory Notes, or other evidence of title.

6. More than two sureties irregular.—A tender of notice of more than 
two sureties shall not be accepted except by order of the Court.

7. Who may be present at the examination.—Except with the specific 
permission of the Registrar, no person other than the party giving security, 
the sureties and their respective Advocates, the party or parties, if any, on 
whom notice has been served and his or their Advocate or Advocates, shall 
be present at the examination of any surety by the Registrar. 

8. Who are not competent sureties.—Unless the Court otherwise 
orders, an Advocate practicing within the limits of the jurisdiction of the 
Court, a clerk of such Advocate or an officer of the Court, shall not be 
accepted as a surety. 

9. Security for costs.—If a party is required to give security for costs, 
unless the Court otherwise orders, the penal sum in the bond shall not be less 
than twenty five thousand rupees.

10. Custody of securities and security bonds.—All papers and records 
relating to the taking of security, including securities and security bonds, 
shall be kept by the Registrar in safe custody in his safe in the strong room 
after making an appropriate entry in a register to be maintained by him for 
the purpose. 

1. Payment of money.—(a) The Registrar and subject to his directions, 
any other officer of the Court shall receive all monies paid into the Court 
and shall pay out all monies duly ordered to be paid out of Court. 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. 
(b) Money may be paid or deposited in Court by postal money order. In 
that case, the person making the payment shall send to the Registrar a 
statement containing full particulars regarding the intended payment or 
deposit. 

2. Notice of payment or deposit to decree-holder or Collector.—(a) A 
person paying money into or depositing property in the Court in part or full 
satisfaction of a decree or order shall give notice through the Court of such 
payment or deposit to the decree-holder. 
(b) Where the decree directs payment of Court-fees to Government under 
Order 33, rule 10 of the Code, no order shall be made on the application for 
payment of such money or delivery of such property without giving notice 
thereof to the Collector at the expense of the applicant. 

3. Delivery of securities jewelry or other valuables into Court.—
When jewelry or other valuables are brought into Court, three copies of a 
descriptive list thereof shall be presented and shall be checked and signed by 
the Registrar in the presence of the depositor. The jewelry or other valuables 
shall be placed in a box furnished with a lock and key to be provided by the 
Depositor. A copy of the list shall be kept in the box and the box shall then 
be locked and sealed with the Seal of the Court. One copy of the list shall be 
given to the depositor and the third copy of the said list and the key of the 
box shall be retained by the Registrar. The box shall thereafter be kept in 
safe custody by the Registrar or in such other custody as the Court may 
direct.

4. Application for payment of money etc.—Every application for 
payment of money or delivery of property deposited in Court, shall be 
instituted in the suit or matter and shall also show the number of the 
execution application, if any, pending, showing the right and interest of the 
party applying and the amount claimed.

5. Applications to be checked.—Applications to make or receive 
payments shall be duly checked by reference to the record of the suit or 
matter before submission for orders to the Registrar.

6. Payment by money order, bank draft, etc.—On the application of 
the decree-holder or other person entitled to any money deposited in Court 
and not expended for the purpose for which it was deposited, if there is no 
objection to the payment of money on the ground of attachment or 
otherwise, the Registrar may order that the amount, after making all 
necessary and lawful deductions, be sent to the applicant at his risk. 
 (i) By money order, or 
 (ii) By bank draft by registered post acknowledgement due; or 
 (iii) In any other manner specified by the applicant, which the Registrar 
approves:

Provided that before payment is ordered to be made under clause (ii) or 
(iii), the applicant shall submit a duly stamped receipt for the amount due in 
the form given below:— 
FORM OF RECEIPT 
Received the sum of Rs................ (Rupees........................only) from the 
High Court of Delhi bearing the amount deposited in the said Court in 
(particulars of case) connection with (diet money/decree/costs etc.). 
Dated (Stamp) 
(Signature of the payee) 

7. Written authority of client requisite for payment for Advocate.—
Unless otherwise ordered by the Court, no payment in excess of Rs.1,000/- 
shall be made to an Advocate on behalf of his client unless specifically 
directed by court and without special authorization in that behalf by the 
client in favour of the Advocate. 

8. Account books to be kept.—The following account books shall be 
kept in hard copy or electronic form: 
(a) Book of receipts for money paid into Court. 
 (b) Process-fee receipt book. 
(c) Register of deposit receipts, viz., register of sums received in Court 
in connection with suits or judicial proceedings and deposited with 
Government (to be kept in duplicate). 
 (d) Register of deposit payments, viz., register, of payments from sums 
received into Court in connection with suits or judicial proceedings 
and deposited with Government (to be kept in duplicate). 
(e) Files of applications for refund of lapsed deposits and of statements 
of lapsed Civil Courts deposits. 
(f) Register of attached property. 
 (g) Register of money received on account of subsistence money of 
civil prisoners, expenses of witnesses and miscellaneous petty 
items required for immediate disbursement. 
 (h) Register of payments on account of subsistence money of civil 
prisoners, expenses of witnesses and miscellaneous petty items 
required for immediate disbursement. 
 (i) Cash Book. 
 (j) Ledger. 
 (k) Bank of Treasury pass book. 
 (l) Bank of Treasury cheque/voucher book. 
 (m) Register of receipts and of withdrawal of property left in the 
custody of the Registrar
(n) Such other registers as may be directed by the Chief Justice to be 
kept. 

9. Signing of cheques and checking of accounts.—The Registrar or 
such other officer, as may be specifically authorized by the Chief Justice in 
that behalf, is authorized to sign cheques. He shall, at least once a month, 
call for the registers and accounts and satisfy himself that the entries have 
been carefully and properly made. When such inspection is made, he should 
note the fact in his own hand on the register or account inspected.

10. Notice to other party.–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. 

1. Power of Court/ Registrar General/ Registrar to impose cost.-(i) If 
the Court considers any party abusing the process of Court or in any manner 
considered dilatory, vexatious, mala fide and abuse of process by them, the 
Court shall require the delinquent party to make deposit / payment upfront, 
in the manner directed by Court of such costs as the Court deems 
appropriate, before proceeding further in the matter. For the purpose of this 
Chapter, the expression ―Court‖ shall mean and include the Court, the 
Registrar General and the Registrar, as the case may be. 
(ii) In addition to exercise of powers under Rule 1(i) above, the Court 
may impose suitable costs upon any party at any stage of the proceedings, 
including at the stage of filing any interlocutory application; framing of 
issues; determining order and conduct of recording evidence etc., if it 
considers imposition of such costs just, necessary and proper, according to 
the proceedings in the matter.
(iii) While determining costs, the Court may also take into consideration 
factors, such as, inconvenience caused to parties/ witnesses/ other persons 
connected with the proceedings; previous conduct of parties; the stage at 
which the offending conduct is committed by the delinquent party; the 
probability and likelihood of success of vexatious efforts of the delinquent 
party; the relevancy of number and nature of witnesses; questions (including 
depositions by way of examination-in-chief) put to the witnesses and such 
other conduct as the Court considers inappropriate. 
(iv) Failure of the said party in making payment/ deposit of costs may 
result in all consequences provided in the Code for defaults and adverse 
orders being passed against the said party, as the Court deems appropriate
and proper, besides enabling the other party to file execution proceedings 
against the delinquent party for recovery of said costs. 

2. Imposition of actual costs.-In addition to imposition of costs, as 
provided in Rule 1 of this Chapter, the Court shall award costs guided by 
and upto actual costs as borne by the parties, even if the same has not been 
quantified by parties, at the time of decreeing or dismissing the suit. In this 
behalf the Court will take into consideration all relevant factors including 
(but not restricted) the actual fees paid to the Advocates/ Senior Advocates; 
actual expenses for publication, citation etc.; actual costs incurred in 
prosecution and conduct of suit including but not limited to costs and 
expenses incurred for attending proceedings, procuring attendance of 
witnesses, experts etc.; execution of commissions; and all other legitimate 
expenses incurred by the party, which the Court orders to be paid to any 
party. 
In addition to imposition of costs as above, the Court may also pass a 
decree for costs as provided in Sections 35-A and 35-B of the Code or under 
any applicable law.

3. Taxing Officer.—The Registrar or such other officer, as the Chief 
Justice may appoint for the purpose, shall be the Taxing Officer of the Court.

4. Time for filing Bill of costs,—(a) Parties shall file their respective Bill 
of costs at the following stages:—
(i) at the stage of framing of issues; 
(ii) at the stage of the defendant being proceeded ex-parte or where 
the defendant has stopped appearing; 
(iii) at the stage of conclusion of evidence of the parties; and 
(iv) at the stage of delivery of judgment or final order. 
(v) additionally, 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. 
(b) Notwithstanding Rule 4(a) of this Chapter, the Court may award costs 
at all or any stage of the case, as the facts and circumstances may warrant. 

5. Contents of the Bill of costs.—The Bill of costs shall, inter-alia, set 
out:— 
(a) court fee 
(b) process fee spent; 
(c) expenses of witnesses, including the actual reasonable expenses 
incurred on travel, boarding and lodging, if any, and other 
incidental expenses; 
(d) Advocate‘s fee including the fee of a Senior Advocate, if any;
(e) expenses of typing, photocopying and expenses incurred for 
sending summons by Registered post, speed post, courier, fax, 
electronic mail service and by such other modes as may have been 
directed by Court. 
(f) such other amounts as may be allowable under these Rules or as 
may be ordered by the Court as costs taking into account:— 
(i) judicial time consumed in litigation; 
(ii) delay in service of summons or efforts made in serving 
summons on the defendant, as the case may be; 
(iii) delay caused by any of the parties by raising frivolous issues 
or unnecessary objections during the proceedings or during 
recording of evidence; 
(iv) failure of a party to effect discovery of documents or its 
refusal to answer interrogatories; 
(v) incorrect denial of facts/ documents, thus, protracting trial; 
(vi) monetary and other stakes involved in the proceedings; 
(vii) costs incurred on execution of commission; and 
(viii) any other cost which Court may deem fit and proper. 

6. Evidence for Bill of Cost.-Documentary evidence, if any, in support 
of payments made shall accompany Bill of costs. If any party raises any 
objections to the Bill of costs/documents so filed, costs shall then be 
determined by Court. 

7. When an Advocate appears for different parties in the same 
matter.
—Where an Advocate appears for different parties in the same suit 
or matter, only one set of fees shall be allowed.

8. Review of taxation only on notice to opposite side.—No application 
for review of taxation, (unless taxation was ex parte), shall be made, except 
on notice to the opposite side. 

9. No review of taxation of costs, if Bill of costs not filed.—Subject to 
any orders passed by Court, if Bill of costs is not filed within time allowed, 
under Rule 4 of this Chapter, the Taxing Officer shall compute costs in 
accordance with these Rules. No application for review of taxation shall be 
allowed, unless made before the decree is signed.

10. Costs after taxation.—The Court may allow, after preparation and 
signing of decree, only such costs as it deems fit and appropriate incurred by 
a party for effecting transmission of the decree to another court. In addition, 
the Court executing the decree/ the executing court may also award costs of 
execution as it considers fit and appropriate, in accordance with these Rules/ 
rules applicable to the executing court. 
 

11. Meaning of proportionate costs.—Where ‗proportionate costs‘ or 
‗costs in proportion‘ are allowed, such costs shall bear the same proportion 
to the total costs, as the successful part of the claim bears to the total claim. 

12. Costs against multiple plaintiffs/defendants.- Court to order 
proportion in which payable, time period for payment and mode of recovery.

13. Application to Court for review of taxation.—Any party, who may 
be dissatisfied with the decision of the Taxing Officer as to any item or part 
of any item, may, not later than fifteen days from the date of the decision, or 
within such further time as the Court may allow, apply to the Court for an 
order to review taxation as to the said item or part of any item, and the Court 
may thereupon, after notice to the other side, if necessary, make such order 
as seems to it just. Subject to the above, taxation by the Taxing Officer shall 
be final and conclusive as to all matters. 

14. Hearing of application under Rule 13.—An application under Rule 
13 of this Chapter, shall be heard and determined by Court upon the 
evidence and material provided to the Taxing Officer and no further 
evidence or material shall be received by Court, unless otherwise ordered. 

1. Interpretation.—In this Chapter the word ―decree‖ includes order.

2. Transmission of decree for execution.—(a) An application for 
transmission of a decree to another Court for execution shall be in the form 
prescribed and shall specify the Court to which the transmission of the 
decree is sought and whether the decree has already been satisfied in part 
and if so, to what extent. The same shall be supported by an affidavit. It shall 
also be accompanied by a certified copy of the decree or an application for 
the same. 
(b) The Registrar shall transmit by registered post, at the cost of the 
applicant, the certified copy of the decree together with the other documents 
mentioned in Order XXI rule 6 of the Code, to the Court to which the 
transmission is sought in accordance with the provisions of rules 4 and 5 of 
Order XXI of the Code.

3. Application under Order XXI rule 15 of the Code to be supported 
by affidavit.
—An application under Order XXI rule 15 of the Code shall be 
in the prescribed form and supported by an affidavit. The Rules of payment 
of one time process fee as applicable to a plaintiff/defendant shall apply 
mutatis mutandis to execution proceedings. 

4. Checking and admission of execution petition.—Applications for 
execution shall ordinarily be checked in accordance with these Rules. 

5. Procedure in execution application under Order XXI rule 15 of the 
Code.
—When an application is made by one or more of several joint decreeholders, unless a written authority signed by the other decree-holders for the 
applicant to execute the decree and to receive the money or property 
recovered is filed in Court, the Court or the Registrar, may give notice of the 
order, if any, passed for the execution of the decree to all the decree-holders 
who have not jointed in the application and may also give notice of any 
application for payment or delivery to the applicant of any money or 
property recovered in execution. 

6. Procedure when cause not shown.—When execution is for arrest of a 
judgment debtor and the judgment-debtor does not appear on the day of 
hearing fixed under the notice issued or on such other day to which the 
hearing thereof is postponed, the notice and the affidavit of service thereof 
shall be filed and the Registrar, shall thereafter, place the matter before the 
Court for orders. 

7. Registrar not to issue execution simultaneously against person and 
property.—
Execution shall not be issued against the property of a 
judgment-debtor at once with the issue of execution against his person. But a 
decree-holder desiring to proceed against both simultaneously, shall apply to 
the Court and in case of such application being refused, shall not be allowed 
to include the costs thereof, in his costs as against the judgment-debtor 
without the special order of the Court. Where a warrant for the arrest has not 
been executed, a warrant for attachment may, at the request of the decreeholder, be issued. 

8. Application for appointment of Receiver in execution of decree.—
An application for the execution of a decree by the appointment of a 
Receiver under Section 51 and Order XI, rule 1 of the Code to realize or 
otherwise deal with property under attachment shall be made to the Court, 
and such receiver shall, unless otherwise ordered, be subject to the rules of 
the Court, applicable to persons appointed as receivers of property in a suit.

MODE OF EXECUTION 
Execution of Documents 
9. Copies of draft to be filed.—
The decree-holder shall file two copies 
of the draft referred to in Order XXI rule 34(1) of the Code and two copies 
of the notice in the prescribed form together with the prescribed process fee 
for service thereof. One of the copies of the draft shall be served on the 
person directed to execute the document in the manner prescribed for service 
of summons on the defendant to a suit. 

10. Execution of document under Order XXI, rule 34(5) of the 
Code.
—Unless otherwise ordered by the Court, a document shall be 
executed or a negotiable instrument endorsed under Order XXI, rule 35(5) of 
the Code by the Registrar. 

ARREST 
11. Deposit with warrant of arrest—
With every application for warrant 
of arrest, before or after judgment, a sum of Rs.10,000/- shall be deposited 
with the Registrar for the intermediate subsistence of the judgment-debtor, 
pursuant to Order XXI, rule 39(1) to (4) of the Code. 

ATTACHMENT AND SALE 
12. Application of encumbrancer to be made a party to the suit or to 
join in the sale.
—An encumbrancer, not a party to the suit, may at any time 
before the sale, apply to the Court to be made a party, or for leave to join in 
the sale; such order shall be made thereon in protection of his right and as to 
costs as the Court shall deem fit. 

13. Receipt of attached property to be given.—A bailiff attaching 
movable property shall, furnish to the judgment-debtor or other person, from 
whose possession the movable property is attached, a receipt in the form of a 
list of the said property signed by the said bailiff and take an 
acknowledgment to that fact on the warrant of attachment. 

14. Deposit of cost for removal or maintenance of property.—Before 
making any order for the attachment of live-stock or other movable property, 
or at any time after any such order has been passed, the Court or the 
Registrar, may require the person at whose instance the order of attachment 
is sought or has been made to deposit in Court, such sum of money as the 
Court or the Registrar may consider necessary: 
(a) for the removal of the property to the Court premises or other 
appointed place and its maintenance, guarding and custody till 
arrival thereat; 
 (b) for the maintenance, guarding and custody of the property at the 
Court premises or other appointed place till it is sold or otherwise 
disposed of; and 
(c) for the maintenance, guarding and custody of the property at the 
place at which it was attached or elsewhere. 
In case of failure to deposit such sum within the time prescribed by the 
Court or Registrar, the Court or Registrar may, either, refuse to issue or may 
cancel the order of attachment, as the case may be. 

15. Account to be rendered on demand.—An account of the expenses 
actually incurred shall, on demand being made on or before the date of the 
sale, be furnished to the attaching creditor and to the person whose property 
was attached. After hearing objections to the account, if any, made within 
three days of its receipt by a party, the amount that the Registrar finds, to be 
properly due shall be deducted at first charge from the proceeds of the sale 
of the property and paid to the attaching creditor along with any balance of 
the deposit made by him. 

16. Restoration of attached property on payment of costs incurred.—
(a) If in consequence of the cancellation of the order of attachment or for 
any other reason, the person whose property has been attached, becomes 
entitled to receive back the live-stock or other movable property attached, he 
shall be given a notice by the Registrar that he should take delivery of it 
within the time specified by the Registrar on payment by him of the charges, 
if any, found by the Court or the Registrar to have been properly incurred 
and which have not been defrayed or for the defrayal of which, no money 
has been deposited by the attaching-creditor. 
(b) If he commits default in taking delivery of the property, by failure to 
pay the requisite charges or otherwise the Court may order that the property 
be sold by public auction and that after defraying the charges referred to in 
sub-Rule (a), if any, and the expenses of the sale, the balance of the saleproceeds be credited to his account. 

SALE OF ATTACHED PROPERTY 
17. Notice regarding sale of guns and other arms, etc., attached.—

Whenever guns or other arms in respect of which licences have to be taken 
by purchasers under any law in force for the time being or any other articles 
in respect of which licences have to be taken under any law in force, are sold 
by public auction in execution of decrees, the Registrar shall give due notice 
to the District Magistrate concerned, or other appropriate officer, of the 
names and addresses of the purchasers and of the time and place of the 
intended delivery to the purchaser of such arms or other articles. No such 
arm or other article shall be delivered to the purchaser unless he holds a 
licence for the same. 

18. Immediate sale of movable property.—In the case of property to be 
sold under the proviso to rule 43 of Order XXI of the Code, if such property, 
in the custody of the Registrar, he may authorize an officer of the Court to
sell the same by public auction and may give such directions as to the date 
and time and place of sale and the manner of publishing the same as the 
circumstances of the particular case admit. 

19. Contents of sale proclamation.—In addition to the particulars 
specified in Order XXI sub-rule (2) of Rule 66 of the Code, the sale 
proclamation shall contain a notice that only the right, title and interest of 
the judgment-debtor is to be sold. The title, deeds or an abstract of the 
judgment-debtors title, if available, will be open for inspection at the office 
of the Registrar. 
The proclamation shall, whenever such information is available, also 
state in whose possession and occupation the property is and the tenancy or 
terms on which any person is in occupation or possession. 

20. Appearance of judgment-debtor.—(a) If the judgment-debtor 
appears before the Registrar pursuant to the notice issued, under Order XXI 
rule 66(2) of the Code, the Registrar shall examine him on any matter 
affecting his title to the attached property. The decree-holder may also 
examine him on any matter relating thereto. If the judgment-debtor fails to 
attend, the Registrar shall proceed ex parte. 
(b) The Registrar may also exercise powers under Order XXI, rule 66(4) 
of the Code. If any documents are produced relating to the attached property 
by any person, the same shall be left with the Registrar, and shall be subject 
to his directions both as to their custody pending the sale and their ultimate 
disposal, such directions being subject to appeal to the Court. 

21. Publication of proclamation.—Whenever the sale of land or of a 
house or houses exceeding Rs.10,000/- in value or movable property 
exceeding Rs.10,000/- in value is ordered, the Registrar shall, with the 
permission of the Court, advertise such sale in a local newspaper or 
newspapers. 

22. Copy of sale proclamation to be sent to Collector in case of sale of 
land.
—When any land or share of land is ordered to be sold in execution of 
a decree, the Court shall send a copy of the proclamation of sale issued 
under Order XXI rule 67 of the Code to the Collector concerned.

23. Arrest on sale on holidays.—No arrest shall be effected and no sale 
shall be held in execution on Sundays or during holidays or vacation of the 
Court, except by leave of the Court or the Registrar. 

24. Leave to bid and reserved price.—(a) An application for leave to 
bid by the decree-holder at the sale shall be supported by an affidavit giving 
reasons why the applicant should be permitted to bid. 
(b) In cases in which the Registrar considers that the applicant should not 
be allowed to bid for less than a sum to be fixed, it shall be competent for 
the Registrar to give leave to bid at the sale only on condition that the 
applicant‘s bid shall not be less than the amount so fixed, which amount 
shall as far as practicable, be determined with reference to the market value 
of the property or of the lot or lots into which the property is divided for 
sale. 

25. Sale.—On the day and at the time and place appointed for the sale, 
the proclamation of sale shall be read out before the property is put up for 
sale.

26. Postponement of sale or want of sufficient bidding.—If there be no 
bid or the highest bid be below the reserved price (if any), or be deemed 
insufficient by the Registrar or other officer conducting the sale, he shall 
postpone the sale and record the reason for such postponement in the 
bidding paper.

27. Postponement of sale otherwise than under Rule 26.—The 
Registrar or other officer conducting the sale may for sufficient cause 
postpone the sale. The costs of a postponement rendered necessary by the 
absence of the Registrar or other officer conducting the sale shall be costs in 
the cause. The costs of a postponement, made at the request of the party or 
by reason of his conduct, shall be borne by him. 

28. Bidding paper.—The name of each bidder at the sale of property 
shall be noted on a paper to be called ―the bidding paper‖, each bid shall be 
signed by the bidder and the amount of the bid shall be entered opposite his 
name. If there be no bid, the words ―no bid‖ shall be written in the bidding 
paper opposite the property or, as the case may be the number of the lot. If 
the highest bid be deemed insufficient, the word ―not sold‖ shall be written 
opposite the property or the number of the lot. If the property be sold, the 
highest bid shall be inserted opposite the property or the number of the lot, 
wherein the full name and address of the bidder be taken and his signature 
obtained and purchaser shall write his full name opposite such entry and 
shall add his address and occupation. All notices thereafter served at the 
address so given shall be deemed to have been duly served on the purchaser.

29. Agent to produce Authority.—A person purchasing for another as 
his duly authorized agent shall produce his authority in writing at the time of 
bidding, and sign the bidding paper as such, giving the full name, address 
occupation both of himself and his principal. All notices thereafter served at 
either of the addresses given shall be deemed to have been duly served. 

30. Declaration of purchase.—If the highest bid be equal to or higher 
than the reserved price, if any, the Registrar or other officer conducting the 
sale shall make an entry in the bidding paper to the following effect.—
I ………(name) declare to have been the highest bidder for the 
purchase of the property above set forth (or of lot No.) for the sum of 
Rs.....................‖

31. Report of sale.—Upon the completion of the sale the Registrar or 
other officer conducting the sale shall file in Court his report of the sale. 

32. Time for confirming sale.—A sale of immovable property shall not 
be confirmed until after the expiration of 30 days from the date thereof. 

1. Review.-Where the Judge or the Judges, or any of the Judges, who 
passed the decree or made the order a review of which is applied for, 
continues or continue attached to the Court at the time when the application 
for a review is presented, and is not or are not precluded by absence or other 
cause for a period of six months after the application from considering the 
decree or order to which the application refers, such Judge or Judges or any 
of them shall hear the application, and no other Judge or Judges of the Court 
shall hear the same. 
Provided that if the said Judge or Judges, or any one of the Judges, who 
passed the decree or made the order, is or are precluded by absence or other 
cause for a period of six months after the application from considering the 
decree or order to which the application refers, it shall be heard by a Bench 
consisting of as many Judges as the Bench whose decree or order a review is 
applied for. Where the Judge(s), who passed the decree or made the order, 
is/ are available, such judge(s) shall be members of the Bench aforesaid.

1. Extant Rules made by the Court regarding election petitions under the 
Representation of Peoples Act, 1951 shall stand incorporated by inclusion in 
these Rules

2. The Registry shall not return election petitions to the party filing the 
same under any circumstances once it has been presented. The defects/ 
objections if any pointed out by the Registry shall be placed before the Judge 
for orders: 

3. The following endorsements shall be made on the election petition at 
the time of presentation:-

Presented by Shri
Petitioner/s in person 
 Accompanied by/identified by Sh. , Advocate on 
 (DATE) at AM/PM (TIME) 

1. E-Filing.-‗Practice Direction(s) for Electronic Filing (E-Filing) in the 
High Court of Delhi‘ shall stand incorporated by inclusion in these Rules 
and are annexed hereto as Annexure C.

1. 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, shall stand incorporated by inclusion in these 
Rules. 

2. Extant rule(s), notification(s), scheme(s) and Practice Directions in 
relation to mediation, as contemplated under Section 89 of the Code, 
including Practice Directions for Mediation dated 12.03.2009 published vide 
Notification No.7/Rules/DHC shall stand incorporated by inclusion in these 
Rules, as Annexure D.

1. Application for grant of probate or letters of administration.-No 
application for grant of probate or letters of administration will be received 
by the Registry, except where the Administrator General is the applicant, 
unless: — 
 (i) it is accompanied by an affidavit of valuation as required by 
Section 19-1 of the Court Fees Act, 1870, prepared strictly in the 
form set forth in the Third Schedule thereof; and 
 (ii) is also accompanied by an affidavit of proof or certificate of death. 

2. Verification.-An application for probate shall be verified by at least 
one of the witnesses to the will, when procurable, in the form set forth in 
Section 281 of the Indian Succession Act, 1925, and the affidavit of such 
witness shall also be filed. If no affidavit by any of the attesting witnesses is 
procurable, evidence on affidavit must be produced of that fact and of the 
handwritings and/ or any circumstances which may raise a presumption in 
favour of due execution of the will. 
 

3. Memo of parties.-In all applications for probate; for letters of 
administration with the will annexed; or for administration of the estate, the 
petitioner shall state the name(s) and all available particulars, as provided in 
Rule 3 of Chapter III of these rules, of members of the family or other 
relatives upon whom the estate would have devolved in case of an intestacy.

4. Application by creditor.-In all applications by a creditor for letters of 
administration, it shall be stated particularly how the debt arose and whether 
the applicant has any, and if so what, security for the debt. 

5. Notice.-(i) The Registrar shall give notice of all application(s) for 
probate or letters of administration to the Chief Controlling Revenue 
authority in accordance with Section 19-H of the Court-fees Act, 1870, and 
it will be the duty of the petitioner or his Advocate to ask for issuance of the 
same. 
(ii) In all applications for probate or letters or administration, notice of 
the application shall be given to all heirs and next of kin of the deceased 
mentioned in the application. 
(iii) Before setting down an application for probate or letters of 
administration for final hearing in Court, the Registrar will certify that notice 
of the application has been served on the Chief Controlling Revenue 
Authority. 

6. Non-contested applications.-Non-contested applications for probate 
or letters of administration may be disposed off, either on affidavits or 
evidence, as the Court may deem fit. 

7. Valuation of property.-A copy of affidavit of valuation of property of 
the deceased, accompanying the application for probate or letters of 
administration, shall be annexed to the grant of probate or letters of 
administration. 

8. Forms.-The forms prescribed in Nos. 173 to 180, both inclusive, in 
Volume 6 Part A of the ―Rules and Orders of the Punjab High Court (1960 
edition)‖, with such variations or modifications as the circumstances may 
require, shall be used for the purposes therein mentioned. 

9. Grant of probate or letters of administration.-Grant of probate or 
letters of administration shall issue in the name of the Court and be signed 
by the Registrar.

10. Administration bond.-(i) An administration bond, unless dispensed 
with by Court, shall be executed in favour of the Registrar General. Provided 
if value is less than Rs.1,000/-, one surety only may be given. 
(ii) The Court may direct such bond be given with or without surety/ 
sureties approved by the Registrar for the amount of the value of the 
property for which the grant is made. 
(iii) Administration bonds shall be attested by the Registrar or such other 
officer(s) of Court, as may be nominated in this behalf. 

1. Caveat.-In any suit or proceeding to which Section 148-A of the Code 
applies, the person instituting the same shall state in the plaint, petition or 
application, whether or not he has received notice of any caveat lodged in 
the Court in respect thereof, and, if so particulars of the same

 

IN THE HIGH COURT OF DELHI AT NEW DELHI ORIGINAL CIVIL JURISDICTION CAVEAT NO _____ OF _____
In the matter of a suit/ appeal proceeding instituted (give the particulars), or expected to be instituted, by ……………………………….................................Petitioner(s)/Appellant(s) Against ……………………………………............................................Respondent(s) To The Registrar, Delhi High Court, New Delhi Let no order (here state in detail the precise nature of the order apprehended) be made in the above matter without notice to the undersigned. Dated this the _____ day of _____. Sd/- Name and address of the Caveator and his Advocate, if any Filed on.................

1. The Delhi High Court (Original Side) Rules, 1967 and Practice 
Directions, applicable to the Original Side of the Court, except to the extent 
incorporated in these Rules, and not inconsistent herewith, are hereby 
repealed. 
 

2. The repeal of the Delhi High Court (Original Side) Rules, 1967 and 
Practice Directions, applicable to the Original Side of the Court shall, 
however, not affect:- 
(a) the previous operation of the Delhi High Court (Original Side) Rules, 
1967 and Practice Directions, applicable to the Original Side of the Court, so 
repealed or anything duly done or suffered thereunder; or 
(b) any right, privilege, obligation or liability acquired, accrued or 
incurred under the Delhi High Court (Original Side) Rules, 1967 and 
Practice Directions, applicable to the Original Side of the Court, so repealed; 
or
(c) any liability incurred in respect of any contravention under the Delhi 
High Court (Original Side) Rules, 1967 and Practice Directions, applicable 
to the Original Side of the Court, so repealed; or 
(d) any proceeding or remedy in respect of any such right, privilege, 
obligation, or liability, as aforesaid, and any such proceeding or remedy may 
be instituted, continued or enforced, and any such obligation may be 
imposed or made as if the Delhi High Court (Original Side) Rules, 1967 and 
Practice Directions, applicable to the Original Side of the Court, had not 
been repealed. 
Provided however, in respect of Commercial disputes, the Commercial 
Courts Act read with these Rules shall apply, as provided in the Commercial 
Courts Act.

PRACTICE DIRECTIONS FOR ISSUANCE OF SUMMONS/ 
NOTICES THROUGH SPEED POST/ REGISTERED POST WITH 
PROOF OF DELIVERY (POD) IN THE HIGH COURT OF DELHI

GUIDELINES FOR THE CONDUCT OF COURT PROCEEDINGS 
BETWEEN COURT AND REMOTE SITES – VIDEO 
CONFERENCING GUIDELINES ISSUED BY THE HIGH COURT 
OF DELHI

PRACTICE DIRECTIONS FOR ELECTRONIC FILING (E-FILING) 
IN THE HIGH COURT OF DELHI

 

PRACTICE DIRECTIONS FOR MEDIATION DATED 12.03.2009 
PUBLISHED VIDE NOTIFICATION NO.7/RULES/DHC

PRACTICE DIRECTIONS UNDER SECTION 18 OF THE 
COMMERCIAL COURTS, COMMERCIAL DIVISION AND 
COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 
2015 

 

1. These practice directions will apply in all cases where the Hon’ble Court has 
ordered issuance of summons/notices through Speed Post or Registered Post. 
These Practice Directions will come into force immediately. 
2. In all cases where summons/notices have been ordered by Hon’ble Court to 
be served through Speed Post or Registered Post the following procedure 
will be followed: 
a) The Advocate/Party-in-Person will file Process Fee at the Filing 
Counter, Delhi High Court, clearly mentioning therein his contact 
number and address along with copies of the petition/application to be 
sent with the summons/notices and adequate numbers of the 
envelopes specially designed, containing proof of delivery (PoD) 
bearing the address of the respondent/addressee. These envelopes are 
available at the Extension Counter set up by the Department of Posts 
in the Receipt and Despatch Branch, Main Building, ‘A’ Block, Delhi 
High Court. 
b) The Process Fee Form along with envelope(s) and the copies of 
petition/application so filed will be sent by the Filing Counter to the 
concerned Branch for preparation of summons/notices. 
c) The concerned branch will prepare the summons/notices within a 
period of three working days of receiving the process fee form from 
the filing counter. The branch will immediately thereafter send the 
copies of summons/notices, envelope(s) and copy of the 
petition/application to the Receipt & Despatch Branch, which will seal 
the process in the envelope(s). 
d) The Advocate/Party-in-Person will collect sealed envelope(s) from the 
Receipt and Despatch Branch and submit them directly at the 
extension counter set up by the Department of Posts. 
e) The Advocates will pay the following charges directly at the Counter 
set up by the Department of Posts. 
i) Speed Post charges for the article as determined by the 
Department of Posts.
ii) Speed Post charges for the PoD as determined by the 
Department of Posts. 
iii) Handling charges @ Rs.5/- per acknowledgment (PoD) at the 
time of booking of the article. 
iv) Scanning charges for the PoD @ Rs.10/- at the time of booking 
of the article. 
3. The Speed Post charges paid once will not be refunded even if the 
article is not delivered or is received back unserved. 
4. The concerned Advocate/Party-in-Person will file an affidavit of 
service along with the receipt of summons/notices sent in the specially 
designed envelope(s) through Speed Post and the tracking report as 
available on the net. 
5. The Department of Posts will send the scanned copy of the PoD 
electronically to the e-mail ID of the nominated officer of the Delhi 
High Court immediately on receipt of the same in the concerned Post 
Office. 
6. The undelivered/refused articles or the duly signed PoD (or its 
scanned copy) received in the Receipt & Despatch Branch will be sent 
to the concerned Branches for further necessary action. 
7. If the advocate/party concerned desires to have a scanned copy of the 
POD then he may furnish his e-mail ID at the time of filing of Process 
Fee form and should send a request to the Assistant Registrar 
(Appellate) (Email arappellate.dhc@nic.in) through email in this 
regard, who shall forward the scanned copy of the POD received 
electronically from the Department of Posts.

Guidelines fot' the Conduct of Court Proceedings between Courts and Remote 
Sites 
Introduction 
Video conference facilities enabling audio and visual communication 
between persons at different locations have now been installed in: 
•      Delhi High COU1t 
•      All the District Courts in Delhi, i.e. Tis Hazru'i, Patiala House, Karkardooma, 
Roh,ini, Dwarka and Saket Courts 
•.     Prisons in Delhi i.e. Tihar and Rohini Prison Complex 
Video-conferencing facilities provide C0U113 in Delhi with the capacity to 
receive evidence and submissions from witnesses or persons involved in COUIi 
pro~eedings in circumstances where it would be expensive, inconvenient or 
otherwise not 'desirable for a per~on to attend a Court: in person. An over-riding 
facto!: is that: the use of video-conferencing in any pruticular case must be 
consistent with ftllthering the 'interests of justice and should cause minimal 
disadvantage to the palties. However, it is for the Court to decide whether evidence 
should be recorded by video-conferencing. 
Everi with the advancement of technology, there is a delay of milliseconds 
between vi,deo, picture seen and sounds being heard. Allowances appropriate to 
this time gap need to be made to avoid one participant talking over another. 
MicrGphones set up at the bench, the bru' table and at the witness box are 
highly sensitive. PersoI)s during a video conferencing should assume from the time 
the video conference is activated until the same is disconnected that In icrophones 
are "liven and as such all remarks are audible to the COU1t.

1.1 In these guidelines, reference to the 'court point' means the COUliroom or 
other place where the Court is sitting or the place where Commissioner appointed 
by the Court to record the evidence by video conference is sitting and the 'remote. 
point' is the place where the person to be examined via video conference is located, 
for example, a prison. 

1.2 Person to be examined includes a person whose deposition or statement is 
required to be recorded or in whose presence celiain proceedings are to be 
recorded. ' 

- 1.3 Wherever possible, proceedings by way of video conference shall be . 
conducted as Judicial proceedings and the same cOUliesies and protocols will be 
obsf?rved. All, relevant statutory provIsIons applicable to judicial proceedings 
including the provisions of the InfOlmation Technology Act, 2000 and the Indian 
Evidence Act, 1872 shall apply to the recording of evidence by video conference. 

1.4 Video conferencing. facilities can be used in all matters including remands, 
bail applications and in civil and criminal trials where a .-witness is located 
inu"astate, interstate, or overseas. However, these guidelines will not apply to· 
proceedings under section 164 of Cr. P .C. 

1.5 TIle guidelines applicable to a Court will mutatis mutandis apply to a Local 
Commissi~n~r appointed by the Court to record th~ evidence. 

A Court may either suo moio or on application of a party or a witness, direct . 
by a reasoned order that any person shall appear bef~)1-e it or give evidence or make 
submissions to the COUli.through .video conference.

3.1 There shall be Co-ordinators. both .at th~ COUlt point as well as at the remote 
point.
 
3.2 In the High Court, Registrar (Computers) shall be. the co-ordinator at the 
court point. 

3.3 In the District Courts, official-u:i-charge of the Video Conferencing Facility 
(holdirg the post of Senior Judicial AssistantlSenior Personal Assistant or above) 
norp.inated by the District Judge shall be the co-ordinator at the COUlt point. 

3.4 " The Co-ordinator at the remote point may be any of the following:-
(i) Where the person to be eXlllnined is overseas, the Court may specifY the coordinator out ofthe following:.-
(a) the official of Con~ulate/Embassy ofIndia, 
(b) duly certified Notary PublicI Oath Commissioner, 
(ii) Where the person to be examined is in another StatelU.T, a judicial 
Magistrate or any other responsible official as may be deputed by the District 
Judge qqncemed or Su~-Divisional Magistrate or any other responsible official as 
may be deputed by the District Collector concerned, 
(iii) Where the person to. be examined is in custody, th.e concerned Jail 
Superintendent or any other responsible official deputed by him, 
(iv) Where the person to be examined is in a hospital, pub~ic or private, whether 
lLll1 by the Central Government, the State Govelnment, local bodies or any other 
person, the Medical Superintendent or In-charge of the said hospital or any other 
responsible official deputed by him,
(v) Where the'person to be examined is a juvenile or a child who is an imnate of 
an Observation Home/Special HomelChildren's Homel Shelter Ho~e, the 
Superintendent/Officer In-charge of that Home or any other responsible official 
deputed by him, 
(vi) Where the person to be examined is 111 Nirm~l Chhaya, the 
Superintendent/Officer In-Charge of the Nirmal Chhaya or any other responsible 
official deputed by him, 
(vii) Wherever a co-ordinator is to be appointed at the remote point under Clause '-

3.4. sub':Clause (ii); (iii), (iv), (v) & (vi), the Court conc~rned will malce fonnal 
request through the District Judge concerned to concerned official. 
(viii) In case of any, other person, as may be ordered by the Court. 

3.5 The co-ordinators at both the points shall ensure that the mll11mUl11 
requirements as mentioned in the Guideline No.4 are in position at the court point 
and the remote point and shall conduct a test b~tween both the points well in 
advance, to resolve ,any technical problem so that the proceedings are conducted 
without interruption. 

3.6 It sqall be ensured by the co-ordinator at the remote point that:-
(i) the p~rson to be examined or heal"d is available and ready at the room 
earmarked for the video conference at least 30 minutes before the scheduled time. 
(ii) no other recording device is permitted except the one installed in the video 
conff?rencing room. 
(iii) entry into the video conference room is regulated.)

3.7 It shall be ensured by the co-ordinator at the court point that the co-ordinator 
at the remote point has certified copies or soft copies of all or any part of the court 
record in a sealed cover directed by the Court sufficiently in advance of the scheduled video conference. 

3.8 The Court shall order the co-ordinator at the remote point or at the court 
point wherever it is more convenient, to provide:-
(i) a translator in case the person to be examined is not conversant with Court 
language; 
(ii) an expert in sign language in case the pers~:m to be examined is speech and/or 
hearing impaired; . 
(iii) for reading of documents In case the persoIi to be examined is visually 
challenged; 
(iv) an interpreter or special educator, as the case lTIay be, in case the person to . . 
be exru.nined is temporarily or permanently lTIentally or physically disabled.

(i) A desktop or laptop with internet cQ~n~ctivity and printer 
(ii) Device eI,lsuring unintenupted power supply 
(iii) Video Camera 
(iv) Microphones and speakers 
(v) Display unit 
(vi) Document visualizer 
(vii) .·Comfortable sitting arrangements ensuring privacy 
(viii) Adequate lighting 
(ix.) Insulations as far a~ possible/proper acoustics 
(x)  Digital signatures from licensed certifying authorities for the co-ordinators at 
the court p'oint and at the remote point

5.1 In criminal cases, the expenses of the video conference facility including 
expenses of preparing soft copies/certified copies ofthe Court record for sending to 
the co-ordinator at the remote point and fee payable to translator/interpreter/special 
educator, as the case may be, and to the co-ordinator at the remote point shall be 
borne by such party as the Court directs taking into account the Delhi Criminal 
Courts (PaYlnent ofExpenses to Compl8;inant and Witnesses) Rules, 2015. 

5.2 In civil cases, as a general rule, the party making the request for recording 
evidence by video conferepce shall bear the expenses. 

5.3 In other cases, the court may make an order as to expenses as it considers 
appropriate taking into account rules/instructions regarding payment of expenses to .      . 
complainant and witnesses -as l1'~ay be prevalent from time to time.

6.1 The identity of the person to be examined shall be confirmed by the cOUli 
with the assistance of the co-ordinator at remote point at the time of recording of 
the evidence. 

6.2. 'In c~vil cases, party requesting for recording statement of the person to be 
examined by video conferencing shall confirm to the Court location of the person, 
hi"s willin~ess to be examined by video conferencing, place and facility of such 
video conferencing. 

6.3' In criminal cases, where the person to be examined is' a prosecution witness 
or court witness, the pr,osecution and.where person to be examined is a defence 
~witness, the defence counsel will confirm to the Court his location, willingness to 
be examined by video conferencing, place and facility ofsuch video conferencing. 

6.4 In case person to be exmnined is an accused, prosecution will confirm his 
location at remote point. 

6.5 Video conference shall ordinarily take place during the comt hours. 
However, the Court may pass suitable directions with regard to timil~gs of the 
video conferencing as the circumstances may dictate. 

6.6 The, record of proceedings including transcription of statement shall be 
prepared at the court point wlder supervision of the Court and accordingly 
authenticated. The soft copy of the transcript digitally signed by the co-ordinato!" 
at the COUlt point shall be sent by e-lnail through l\TIC or any other Indian service 
provider to the remote point where printout ofthe same will be taken and signed by 
the deponent. 'A scanned copy of the statement digitally signed by co-ordinator at 
the remote point would be sent bye-mail through NlC or any other Indian s,ervice 
provider to the court point. The hard copy would also be sent subsequently, 
preferably within'three days of the recording, by the co-ordinator at the remote 
point to the cOUlt point by courier/mail. 

6.7 TIle Court may, at the 'request of a person to' be examined, or on its own 
motiori, taking into account the best interests of the person to be examined, direct 
appropriate l'!leasures to protect his pl~i vacy keeping in mind his age, gender and 
physical condition. 

6.8 ,Where a party or a lawyer requests that in the course of video-conferencing 
some privileged communication may have to take place, Court will pass 
appropriate directions in ,:that regard. 

6.9 The audio-visual shall be recorded at the court point. An encrypted master 
copy with hash value shall be retained in the Court as part of the record. Another 
copy shall also be stored at any other safe. location for backup in the event of any 
emergency_ Transcript of th~ evidence recorded by the Court shall be given to the 
parties as per applicable rules. A patty may be allowed to view the master copy of 
the audio video recording retained in the Court on application which shall be 
decided bY·the Cou11 consistent with furthering the interests ofjustice. 

6.10 The co-ordinator at the remote point shall be. paid such amount as 
honorarium as may be decided by the Court in consultation with the pa11ies. 

6.11 In case any party or his/her authorized person is desirous of being physically 
present at the remote point at the time of reQording ofthe evidence, it shall be open 
for such party to make aITangements at party's own costs including for 
appearance/representation at the remote point subject to orders to the contrary by' 
the Court.

If in the course of examination of a person at a remote point by video 
conference, . it is necessary to put a docwnent to him, the Court may pennit the 
document to be put in the following mal1ner:-

(a) if the docUlnent is at the court point, by transmitting a copy of it to the 
remo~e point electronically including through a document visualizer and the 
copy so transmitted being then put to the person; 

(b)if the docwnent is at the remote point, by putting it to the person and 
transmitti~g a copy of it to the court point electronically including through a 
document visualiz:er. The hard copy would also be sent subsequently to the 
court point by courier/mail. 

8.1 Third parties may be allowed to be present during video cOllferencing 
subject to orders to the contrary, if any, by the .court. 


8.2 Where; for any reason, a person unconnected with the case is present at the 
remote point~ then that persoi1 shall be identified by the co ...ordinator at the remote 
point at the start of the proceedings and the purpose for his being present explained 
to the C0U11.

9.1 Establishment and disconnection of links between the court point and the 
remote point would be regulated by orders ofthe C01l11. 

9.2 The Court shall satisfy itself that the person to be eX8.1nined at the remQte 
point can be seen and heard cle8.1-ly and similarly that the person to be e~amined at 
the remote point can cleady see and hear the Court. 

10.1 The Court shall at all times have the ability to control the cam~ra view at the. 
remote point so that there is an unobstructed view of all the persons present in the 
room. 

10.2 The Court shall have a clear image of each deponent to the extent possible 
so that the demeanour of such person may be observed. 

Such matters with respect to which no express provision has been made in 
these guidelines shall be decided by the Court consistent with furthering the 
interests ofJustice. 

1. These practice directions will apply to Electronic Filing (e-filling) of cases 
in the High Court of Delhi and will be effective from the dates and for the 
categories of cases as may be notified by the Chief Justice of the High Court 
of Delhi from time to time.


2. Except as provided elsewhere in these practice directions, all petitions, 
applications, appeals and all pleadings/documents in fresh, pending and 
disposed of cases will be filed electronically in the manner hereafter 
provided.

3. PROCEDURE FOR E-FILI NG
3.1 The original text material, documents, notice of motion, memorandum 
of parties, main petition or appeal, as the case may be, and interlocutory 
applications etc. will be prepared electronically using MS Word or Open 
Office software. The formatting style of the text will be as under:
Paper size : A-4 
Margins : 
Top : 1.5”
Bottom : 1.5”
Left : 1.75”
Justification : Full
Font : Times New Roman
Font size : 14
Line spacing : 1.5

3.2 The documents should be converted into Portable document Format 
(PDF) using any PDF converter or in-built PDF conversion plug-in provided
in the software. Procedure to convert word document to PDF is set out in 
Appendix-I to these Practice Directions.


3.3 Where the document is not a text document and has to be enclosed 
with the petition, appeal or application or other pleadings, the document 
should be scanned using an image resolution of 300 dpi (dot per inch) and 
saved as a PDF document.


3.4 The maximum permissible size of the file that can be uploaded at the 
time of e-filing is 300 MB.


3.5 The text documents prepared in MS Word/Open Office as well as 
scanned documents should be merged as a single PDF file and book-marked. 
The procedure for this purpose is set out in Appendix-II to these Practice 
Directions.


3.6 The merged documents should be uploaded at the time of e-filing by 
using the facility provided at the e-filing centre in the High Court Lawyers’ 
Chambers Block-I. The screen shots of the manner of accessing the e- filing 
portal and filling up the relevant columns for the purpose of e-filing are set 
out in Appendix-III to these Practice Directions.

All electronic documents filed using the e-filing system will have to be 
digitally signed by the advocate for the parties or where it is being filed in 
person, by the party concerned. The list of recognized Digital Signature 
Providers and the procedure involved in appending single or multiple digital 
signatures are set in Appendix-IV to the Practice Directions.
 

Court fee can be paid buy purchase of electronic court fee either from the 
online facility provided by the stock Holding corporation of India Limited 
(http://www.shcilestamp.com/) or the counters provided for the purpose in 
the Delhi High Court or from any other authorized court fee vendor in Delhi. 
The payment code whether automatically generated on payment of court fee 
online through the payment gateway of Stock Holding Corporation of India 
Limited on the receipt when court fee is purchased from the counter, has to 
be filed in the appropriate box at the time of e-filing.

6.1 The originals of the documents that are scanned and digitally signed 
either by counsel or parties in person at the time of e-filing should be 
preserved for production upon being direction by the court at any time.
In any event, signed Vakalatnama, signed and notarized/attested affidavit 
shall be filed in original in the Registry. Any other document whose 
authenticity is likely to be questioned should be preserved at least for a 
period of two years till after the final disposal of the case; (Final disposal 
shall include disposal of appeals if any) and the following documents be 
preserved permanently:- 
(a) A negotiable instrument (other than a cheque) as defined in section 13 of 
the Negotiable Instruments Act, 1881 (26 of 1881).
(b)A power-of- attorney as defined in section 1A of the Power-of-Attorney 
Act, 1882 (7 of 1882).
(c) A trust as defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882)
(d)A will as defined in clause (h) of section 2 of the Indian Succession Act, 
1925 (39 of 1925) including any other testamentary disposition by 
whatever name called.
(e) Any contract for the sale or conveyance of immovable property or any 
interest in such property. 


6.2 The responsibility for producing the originals and proving their 
genuineness shall be of the party that has electronically filed the scanned 
copies thereof.

Access to documents and pleadings filed electronically in a case will be 
provided only to advocates for the parties in that case or the concerned 
parties themselves. The advocate or the party may obtain documents from 
the Filing Counter by mailing an application along with a blank CD-R/DVDR to be provided by the party

Exemption from e-filling of the whole or part of the pleadings and/or 
documents may be permitted by the Court upon an application for that 
purpose being made to the Court in the following circumstances:
(i) e-filing is, for the reasons to be explained in the application, not 
feasible; or.
(ii) there are concerns about confidentiality and protection of privacy; or 
(iii) the document cannot be scanned or filed electronically because of its 
size, shape or condition; or
(iv) the e-filing system is either inaccessible or not available for some 
reason; or
(v) any other sufficient cause.
 

In addition to the prescribed mode of service, notices, documents, 
pleadings that are filed electronically may also be served through e-mail 
by the High Court of Delhi. The e-mail ID of the High Court of Delhi 
(delhihighcourt@nic.in) will be published on its website so as to enable 
the recipients to verify the source of the e-mail at the e-mail addresses, if 
available, of the advocates or parties.

10.1 Electronic filing through the e-filing centre is permissible up to 4 p.m. 
on the date of filing. All other rules relating to holidays etc. for the purpose 
of computation of limitation, as specified in the Rules of the High Court of 
Delhi will apply to online electronic filing as well. The period during which 
e-filing system is in-operational for any reason will be excluded from the 
computation of such time. This, however, will not extend limitation for such 
filing for which the facility of Section 5 of the Limitation Act, 1963 or any 
other statutory extension of period of limitation is not available.

10.2 For electronic filing done through the e-filing centre in the Delhi 
High Court premises, the rules relating to time for the purpose of 
limitation will be no different from those applicable for the normal filing.

10.3 As and when the facility of electronic online filing commences, such 
electronic online filing would be permissible up to midnight on the date of 
filing.

Caveats can be registered, and all written statements, counter affidavits or 
reply affidavits, affidavits by way of rejoinder, documents, applications in 
pending matters or in disposed of matters, supplementary pleadings,
documents etc in pending cases can be filed electronically using the e- filing 
system. The procedure for this purpose is set out in Appendix V to these 
Practice Directions

Lawyers as well as parties can print hard copies of all pleadings and 
documents filed electronically for their use in the Court or elsewhere. 
Likewise the Registry will wherever required, prepare hard copies for use 
of the courts.

The pleadings and documents electronically filed will be stored on an 
exclusive server maintained under the control and directions of the High 
Court of Delhi. Each case will be separately labeled and encrypted for 
this purpose to facilitate easy identification and retrieval. The security of 
such document and pleadings will be ensured and access to them would 
be restricted in the manned indicated hereinbefore and as may be notified 
from time to time. Back-up copies of all electronically filed pleadings 
and documents will be preserved in the manner decided by the Court on 
its administrative side

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