Description

Order 49 of the Civil Procedure Code (CPC) deals with the procedures specific to the Chartered High Courts in India. These courts, such as the High Court of Bombay, Calcutta, Madras, and other High Courts that have been chartered under the relevant laws, have special provisions that differentiate them from other courts in India. This order recognizes the unique powers and procedures that these High Courts may follow, which may sometimes differ from the general provisions of the Civil Procedure Code.

Key Provisions of Order 49 CPC:

1. Rule 1 - Application of CPC Provisions to Chartered High Courts:

• This rule provides that the provisions of the Civil Procedure Code apply to Chartered High Courts to the extent that they are not inconsistent with the Charter or the rules of procedure prescribed by that particular High Court.
• In other words, the general procedural laws of the CPC will apply to Chartered High Courts unless there are specific rules that provide for different procedures due to their chartered status.

2. Rule 2 - Special Procedure in Chartered High Courts:

• Chartered High Courts have the discretion to frame their own rules of procedure in civil matters, which may be more suited to their jurisdiction and the nature of the cases they deal with.
• These courts may establish rules for the conduct of business in the court and decide on the form of process, method of service, types of applications, and other specific procedural matters.

3. Rule 3 - Powers of the Chartered High Court:

• This rule acknowledges that the Chartered High Courts possess powers greater than those granted to other courts by the Civil Procedure Code.
• These powers can include the ability to make special rules, exercise administrative functions, and oversee legal practice within their jurisdiction. The High Courts can also create their own methodology for reviewing decisions and deciding cases based on local practices and historical provisions granted by the Charter.

4. Rule 4 - Reference to the Full Bench:

• If there is any conflict or doubt regarding the interpretation of procedural rules, the matter can be referred to the Full Bench of the Chartered High Court, which would examine the issue in detail and provide a clear direction for how the case should proceed.

5. Rule 5 - Record of Proceedings:

• This rule lays down that the Chartered High Courts must maintain proper records of proceedings, orders, judgments, and other important documents related to the cases under their jurisdiction.
• These records must be preserved in the manner and form specified by the rules of the Chartered High Court.

---

Punishment

Order 49 does not prescribe specific punishments. However, the following consequences may arise:

1. Failure to Follow Procedural Rules:

   • If a party fails to adhere to the procedures established by the Chartered High Court or the rules specified in the CPC, it may result in delays or dismissal of the case.

2. Costs Imposed:

   • The court may impose costs on a party if they are found to be non-compliant with the procedures or rules prescribed for the case, including the manner of filing, serving summons, or other procedural steps.

3. Contempt of Court:

   • In extreme cases, failure to follow the court's orders or procedures may lead to contempt of court proceedings, which can result in fines or imprisonment depending on the circumstances.