Order XLIX Rule 3 CPC - Application of Rules in Chartered High Courts
Order XLIX Rule 3 of the Code of Civil Procedure, 1908 (CPC), titled Application of rules, specifies certain provisions of the First Schedule that do not apply to Chartered High Courts when exercising their ordinary or extraordinary original civil jurisdiction. It also separately excludes Order XLI Rule 35 in the exercise of their appellate jurisdiction.
Order XLIX Rule 3 CPC - Statutory provision
The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely:
- rule 10 and rule 11, clauses (b) and (c), of Order VII;
- rule 3 of Order X;
- rule 2 of Order XVI;
- rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of Order XVIII;
- rules 1 to 8 of Order XX; and
- rule 7 of Order XXXIII (so far as relates to the making of a memorandum).
And rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.
The statutory exclusions should be read with applicable High Court rules and any valid local amendments. The text above reflects the central provision; local modifications may differ.
Meaning and scope of the provision
A Chartered High Court in this context is a High Court historically established under a royal charter or Letters Patent. Original civil jurisdiction means jurisdiction in which a case begins before the High Court rather than reaching it on appeal. Appellate jurisdiction is the power to hear appeals from judgments or orders of another court.
Rule 3 does not exempt Chartered High Courts from the entire CPC. It identifies particular procedural rules that are inapplicable in the specified jurisdictions, leaving the governing High Court procedural rules and other applicable laws to be considered.
Which CPC rules are excluded?
| CPC provision | Subject and effect of exclusion |
|---|---|
| Order VII Rules 10 and 11(b), (c) | Return of plaint and specified grounds concerning valuation and insufficient stamp paper or court fee. |
| Order X Rule 3 | Recording the substance of the examination of parties. |
| Order XVI Rule 2 | Expenses of witnesses summoned to attend court. |
| Order XVIII Rules 5, 6, 8-11, 13-16 | Specified procedures for recording or taking evidence; the exclusion is limited to the manner of taking evidence. |
| Order XX Rules 1-8 | Specified rules concerning judgments and decrees. |
| Order XXXIII Rule 7 | Proceedings on an application to sue as an indigent person, only so far as the making of a memorandum is concerned. |
| Order XLI Rule 35 | Dating and contents of appellate decrees; separately excluded in appellate jurisdiction. |
The distinction between original and appellate jurisdiction is important: the final exclusion of Order XLI Rule 35 applies specifically to appeals, whereas the preceding list concerns original civil jurisdiction.
Related statutory provisions
Section 129 CPC permits qualifying High Courts to make rules regulating their original civil procedure, subject to the constituting Letters Patent, order or other law. Section 122 CPC provides for rule-making powers concerning procedure, subject to the conditions in that section. Order XLIX Rule 1 addresses service of certain judicial processes, while Rule 2 preserves specified existing Chartered High Court rules on evidence and judgments.
Consult the official India Code text of the CPC and the relevant High Court's published original-side rules for the precise procedure applicable to a particular proceeding.
Practical application
Before applying an ordinary CPC procedural rule in a Chartered High Court, identify whether the proceeding is within its original or appellate jurisdiction, check whether Order XLIX Rule 3 excludes that rule, and then review the applicable High Court rules and amendments. An exclusion from the First Schedule does not itself decide the merits of a case or eliminate all procedural safeguards.
Frequently asked questions
Does Order XLIX Rule 3 apply to every High Court?
No. Its wording specifically refers to Chartered High Courts, and the applicable jurisdiction and local procedural framework must be examined.
Does it exclude all rules of Order XVIII?
No. It names particular rules of Order XVIII and limits the exclusion to the manner of taking evidence.
Does Order XLI Rule 35 remain applicable in appellate proceedings?
Under the central text of Order XLIX Rule 3, Order XLI Rule 35 does not apply to such a High Court exercising appellate jurisdiction, subject to any applicable amendments and governing procedural rules.
This article is for general legal information. Consult the current statute, relevant High Court rules and case-specific legal advice before acting.