35

GENERAL RULES AND CIRCULAR ORDERS

(CIVIL )
VOL.- I
Preliminary

1. Court Hour – (a) “ The hours of work in Civil Courts shall ordinarily be
from 10.30 A.M to 5.00 P.M. , standard time, with a recess of half an hour
between 1.30 P.M. to 2.00 P.M. wherever day sittings of the Courts are held
and form 7-00A.M to 1-00 P.M. with a recess of half an hour between 10.00
A.M to 10.30 A.M wherever morning sittings of the Courts are held. The
judges will so arrange the business of their Courts as to supply work for those
hours”.
th
(IX- 1/2011 , dated the 18 January- 2014 )

Note: The recess facility will be available only to the Presiding Officer.

(b) Sitting and rising hour – “The Courts shall ordinarily commence the
sittings not later than 11.00 A.M. and rise at 4.00 P.M. when day sittings are
held . They should commence the sittings not later than 7.30 A.M. and rise at
12.30 P.M. when morning sittings are held “.
th
(IX -1/2011, dated the 18 January -2014)

Note 1 - The period during which morning sittings of the Courts will be
held shall be fixed by the High Court by issue of general or special orders.

Note 2 - The hours of work and commencement of sittings of Civil

Courts shall be regulated from time to time by issue of general or
special orders by the High Court as and when necessary.
1
[2. Administrative Days - The District Judges will devote all working
2
Saturdays [and the preceding working day of the Second Saturday] in a month
for administrative work at the headquarters subject to adjustment of hearing of
part-heard Sessions Cases. They shall maintain separate diary f o r this
purpose.]

3.3[Days of sitting of Courts - (a) Subject to other provisions of this rule,

no suit, case or appeal shall be heard on Sundays or holidays gazette under
Sec.11(1) of the Orissa Civil Courts Act, 1984 (Orissa Act No. 18 of 1984).

(b) In respect of vacation as provided in Section 11(2) of the Orissa Civil

Courts Act, arrangement f o r disposal of urgent matters arising during
vacation shall be made in the following manner :

1.Substituted by C.S. No. 40, ( XLI X- D- 45/93, dated 19.12.1996).

2. Inserted by C.S.No. 48, (XLIX-D-4/98, dt. 30.4.1999).

3.S u b s ti tu ted by C.S.No. 24, dt. 3 . 8. 1 9 94 (OG. No. 35 dated 2. 9 .1 99 4 ).

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(i) Urgent matters to be heard ordinarily in a Court of District Judge shall be

taken up by the Officer in the cadre of Orissa Superior Judicial Service
(Senior Branch) who would be in charge of the Sessions Division during
that period.

(ii) Urgent matt ers to be heard ordin arily in a Court of Civil Judge (Senior
Division) shall be taken up by the Presiding Of fi cer of a Civil Court of the
station who is placed in charge of discharging powers of the Court during
vacation.

(iii)Urgent matters ordinarily to be heard in Courts of Civil Judge (Junior

Division) shall be taken up by Officer of Orissa Judicial Service, Class-
11 authorised by the District Judge who shall be deemed to be the Presiding
Officer of the Court where the matter is to be ordinarily heard as if he has
been posted by the High Court :

Provided that a Civil Court of higher pecuniary jurisdiction except Court of

District Judge can take up the matters if there is no of ficer available to be
entrusted to remain in charge of the vacation Court by the District Judge.
However, such Officer shall not be entitled to hear the appeal or revision
against the order passed during the vacation.

Note - Matters which could have been moved before the vacation
commenced or matters which can wait till re-opening of Courts af ter
vacation shall not be tre a ted as urgent.

(c) An application shall be filed supported by af fidavit specifying the

urgency f o r moving a matter during vacation in the Court, and the
Court exercising the power during vacation shall record clear reasons of
his satisfaction that the matter is urgent.]

4. Suspension of Court hour - The Presiding Officers of Courts are

authorised to suspend the work f o r about half an hour or to stand in
silence for a minute or two after a suitable reference has been made with
a prominent local lawyer (or a person of repute) passes away and when
request either oral or in writ ing f o r suspension of wo rk is made to the
Court. Facility should be given to the litigants and members of the Bar
wh o wish to attend fu ne ra l ceremony of such dead person.

5. Court to be closed in case of danger to Court's property -Should

any occasion arise when there is disturbance exposing Court's property
to danger the Presiding Off ice r may close the Court when no other
course is available. Such instances shall be immediately reported to the
High Court explaining in detail the circumstances leading to the closure.

6. Diary - (a) Every Civil Court shall maintain a Diary in the prescribed Form.
Each case f o r any day shall be entered in advance immediately upon a
date or adjourned date being fixed, and the entry as to each case shall
show the purpose for which it is set down on each particular, date, such
as for final disposal, first hearing, or ' for settlement of issues, or for trial
after adjournment. The diary will show brief ly the progress

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made in each case, and when witnesses are examined in any case, the
number of such witnesses examined on contest and without contest
separately shall be stated. A running total in red ink should be inserted
from day to day, in order to show the total number of witnesses examined
during each quarter of the year. A new serial number should be started at
the commencement of each cuarter.

(b) The top-most heading should be "For peremptory hearing" and under
each heading should be grouped separately each class of cases in their
chronological order according to the dates of their institution. The part-heard
case adjourned on the previous day should be shown as the top case
under the heading "peremptory hearing".

(c) Appeals and Miscellaneous cases should also be shown in the diary in
the above manner. Execution cases should be noted last of all .

(d) The reason f o r adjournment shall be briefly stated in the Diary.

(e) The Presiding Judge shall insert with his own hand in the appropriate
place (i) the hours of his arrival in the office, (ii) the hour at which he takes
his seat f o r judicial work, (iii) the time of rising, and (iv) the time of
departure. In the case of any unusually short sitting on any day, a short
note explaining the reason shall be given in the Diary.

Note 1 - When an officer has to perform criminal duties in addition to his

w or k as a Civil Judicial Officer, he will maintain tw o separate diaries in the
prescribed form, one f o r civil and the other f o r criminal work. He shall
note the hours of sitting and rising in the civil diary alone and the actual
time devoted to criminal work in the criminal diary only. On days when he is
engaged solely in civil work or criminal work, he shall note hours of sitting
and rising in the c ivil d ia ry or criminal diary only, as the case may be.

Note 2 - The Diary shall be signed each day by the President Judge aft er
careful scrutiny on completion of all the entries therein.

Note 3 - A separate diary should be maintained f o r the cases fixed f o r

1
[all places] of circuit.

7. Routine duties - T he Judicial Officers are allowed to perform current

and routine duties in the chamber in the event of indisposition f o r a
maximum period of three days during any calendar year.

8. Daily cause lists - A daily list of cases shall be posted in some

conspicuous place in every Court house f o r the information of the parties
and their pleaders. The cases should as f a r as possible, be arranged in the
order in which they are likely to be taken up. Execution and Miscellaneous
cases may be shown either in the same list or in a separate list. The said list
shall be prepared and posted on the preceding

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working day at 4.30 P.M. or in the case of morning sittings before 12 A.M. In
the list, the cases will be sufficiently described by their number, year and
class. At the close of each day, the Peshkar shall prepare f ou r copies of
advance daily cause lists in prescribed forms in a bound book of printed
lined perforated pages with the help of carbon papers showing therein the
cases fixed f or the next day. One copy of the list shall be posted in the
C ourt's notice board and another sent to the Secretary or ministerial
employee or any ot her person authorised by the local Bar Association f o r
being posted in the notice board of the Bar Association. The remaining two
copies should be kept by the Peshkar f o r his next day's use. At the close
of the followin g day; he shall fill up the adjourned dates in the two copies
of advance daily cause lists retained by him. He will then post one of these
advance daily cause list in the Court's notice board and take down the
copy which was posted on the preceding day and will take down the copy
which was posted on the preceding day and will send the other copy to the
Secretary or ministerial employee of the Bar Association f o r publication in
the notice board of the Association. He will further prepare f o u r copies of
advance daily cause lists shall be sent to the Secretary, Bar Association
through the Despatch Register in which the dated signatures of the recipient
w ill be obtained.

Note 1 - The maximum number of cases to be fixed f o r hearing on any day

may be half more than could be done on that day and preference be given to
undone wo r k of that day on the next day.

Note 2 - The lists shall be prepared in the language of the Court and
shall remain posted f o r one week a f t e r which they shall be filed in
office f o r future reference, if necessary. At the end of ev er y quarter
the lists for the previous quarter will be destroyed.

Note 3 -The lists shall be signed by the Presiding Judge and exhibited
before he leaves the Court.

9. Court language -The State Government of Orissa have declared the

following as Court languages in the diff erent districts in the State of Orissa
in supersession of all previous notifications and orders on the subject :

(1) In the district of Ganjam except

Oriya, Telugu &

Ghumsur and the Balliguda

1
Sub-,divisions and the [Civil Judge

(Junior Division's) Courts Aska

English

(2) In Gunupur, Rayagada, Bissam Cuttack,

Pattangi and Malkangiri t aluks in Koraput district

Oriya,Telugu, & English

1. Substituted by C.S. No. 33 ( IX -1 /95 , dt. 31.10.1995).

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(3) In all districts of the St at e except Nos. 1 and 2 above

Oriya and English

10. Time for presentation of plaints and appeal memos - Plaints and
memoranda of appeal may be presented at any time during the Courts
hours.

11. Place of presentation of written statements, petitions etc. and time

of disposal of them - Petitions, applications, written statements, etc. should
always be taken in open Court and usually at the commencement of the daily
sittings of the Court except the papers the occasion f or filing of which
arises during the trial. The majority of petitions can be disposed of by an
order passed in Court as soon as they are filed. Where a reference to the
record or to the other papers is necessary before an order can be made,
petitions should be brought up with such record or papers in the course of
the day and order should then be passed in Court.

Note 1 - Application f o r compromise or withdrawal of suits and cases and

memos of satisfaction of claims may be filed at any time during the Court
hours.

Note 2 - The District Judge shall fix fo r his Court and- or all Courts
subordinate to him a time f o r presentation of such applications,
petitions, etc. as can be presented to the Presiding Officer only.

12. Manner of disposal of documents recei ved by post or telegraph -

No action shall be taken on document or proceeding which are required or
authorised by law to be presented to or filed in Court, but are sent by post
or telegraph.

13. Seals - (a) The regular seal of every District Court shall be a circular
seal, two inches in diametre and shall bear thereon the lion head on Ashok
Chakra base with the following inscription in English and Oriya language
"District Court of......."
1
(b) The seal of Court-of every [Civil Judge (Sr. Division)] shall be a circular
seal, two inches in diametre bearing the lion head the inscriptions "Court of
unlimited pecuniary jurisdiction of ......." in English and in the outer circle of
......" on the Oriya Language in the inner circle.
1
(c) The seal of the Court of every [Civil Judge (Jr. Division)] shall be a
circular seal, one inch and a half in diametre bearing the lion head with the
1
following inscription in English and the Oriya language "Court of the [Civil
Judge, (Jr. Division)] of ..............."

(d) Use of custody of seals - The regular seal of the Court shall be placed in
custody of a responsible officer of the Court and documents required to be
sealed with it should be sealed under his superintendence. Similar
precautions shall be taken with respect to the Date seal, which is affixed to
all documents and papers on their presentation to Court.

1. Substituted by C.S. No. 33 ( IX-1/95, dt. 31.10.1995).

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The regular seal is to be used f o r sealing all judgments and decrees

(including those S.C.C. suits embodied in cause sheets), writs,
processes, sale certificates, copies or other documents used. The
date seal shall be affixed to all documents and papers presented in
Court in such a way as to show clearly the date on which they were
presented. If any Court fees labels appear on them, the date seal
shall be affixed a second time in such a way as to deface the Court
fee labels.

Note 1 - The order making the of f ic er s responsible f o r the c ustody and

use of the seals should be recorded in writing.

Note 2 - The use of name seals w h e t h er of Judicial or of ministerial

of f i c e r is prohibited.

Note 3 - The worn out and useless Court seals, when replace by new
ones, should be de st royed in the presence of the Presiding Of f ic er s
concerned and note of such destruction should be made in the order
book under the dated signature of the Presiding Officer.

Note 4 - So long as new seals are not supplied to the Court, the Cour ts
shall continue to use the existing seals.

Note 5 - The seal of Additional Courts when such Courts cease to

function shall be kept in the safe custody of the Sheristadar of the
respective principal Courts.

PART – I

General Rules relating to practice and procedure

CHAPTER – I Pleadings, Petitions and Affidavits

14. Pleadings and petitions to be in English, if practicable - Parties

should where practicable file pleadings, petitions, applications and
affida v its in English and type-w ritt en.

15. Manner of preparation of pleadings, etc. - Every pleading, petition,

affidavit or application filed in Court shall be -

(1) type-written or written on foolscap water marked plain demipaper, one side
of the paper only being used and the quarter margin together with at least
one inch of space at the top and bottom of each s heet being allowed :
1
Note - The paper indicated is that generally known as "pie" or ["Bond"]
paper and is sold by the stamp vendors.

(2) couched in proper language;

(3) dated and signed by the person presenting it, and also, where necessary,
by such o t h er person as may by law be required to sign such pleading,
petition, affidavit or application;

(4) signed by the scribe or t ypist, who shall state the capacity in which
he writ es it.
1 . S u b s t i t u t e d by C.S. No. 55 ( I X - 2 / 2 0 0 8 , Dt. 8 . 1 0 . 2 0 0 9 ) .

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Note 1- This rule shall apply as far as possible to Vakalatnamas,

Mukhtarnamas, process-fee sheets and similar other papers.

Note 2- A mukhtar is not permitted to sign pleadings, When a plaint or written

statement is presented or tendered by a Mukhtar an endorsement shall be
made therein by the officers of the Court receiving it in the following terms :

"Presented by A.B. Mukhtar" The endorsement shall be

signed by such of f i c e r and the Mukhtar.

16. Identification of Parties - When the person presenting a

pleading, affidav it, petition or application is not an advocate, a pleader
or a Mukhtar, he shall, if so required by the Court, be ident ifie d. In the
case of an illiter ate person his thumb impression shall be af f ix ed in place
of the signature required in this connection.

17. Contents of pleadings, etc. - Every petition or pleading shall state

co nsc io us ly and cle ar ly -

(1) the facts, matters and circumstances, upon which the application
relies;

(2) the matter of complaint, if any, and the relief sought or prayer
made.

18. Aut he nticat ion of corrections - Ever y page in a petition or

pleading and ev er y interlineation, alteration or e ras ur e therein shall be
a ut he ntic ated by the initials of the Adv oc at e, pleader or Mukht ar as the
case may be or the recognised agent of the par ty by who m it is
presented. In the case of an affidavit such authentication shall be made
by the initials of the Commissioner.

19. Noting valuation on petitions - On every interlocutory application or

petition filed in a suit valued at less than Rs. 50 the parties shall note the
valuation to enable a proper check to be made on the Court-fee paid.

20. Separate petitions f or se parate matters - Ap plications in regard

to distinct sub ject -matt ers shall be made in separate petitions.

21. Verification of petition - Petitions requiring verification shall be

verified in the manner prescribed in Order VI, Rule 15, Civil Procedure
Code.

22. Service of copies on parties - In contested original s u its no

w ritt en statement, application or list of do c ume nts shall be filed unless
copies t h e r e o f have been p r eviou s ly served on the advocate or pleader
f or each set of parties whose interests are not joint. Provided that if, f o r
any reason, copies cannot be so s er ved, they may be fi led in Court
t og et her with the original written statement, list or application.
Advocates or pleaders served with such copies shall give receipt on the
original wr itten statements, applications or lists. The copies shall be
authenticated by the sign at ures of the Ad v oc a t es or pleaders of the
parties on each page on the bottom l e f t hand margin.

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Note - The above rule shall apply mutatis mutandis to all contested
execution proceedings and miscellaneous judicial cases.

23. Carrying out amendments consequent to substitution of parties -

Substitution of legal representatives of the deceased parties and
consequential amendments in plaints, written statements petitions,
objections '[petition for final decree] and memoranda of appeals should be
carried out immediately aft er orders thereof are passed.

Note - If any of the parties dies, the numbers assigned to their names
are to be continued and the names of their legal representatives are to
be numbered as A, B, C etc., under the original number of the
deceased party.

24. Order for receiving plaints - A n order appointing an officer to

receive plaints under Order IV, Rule 1 of the Code of Civil Procedure must
be recorded in the order book of the Court.

25. Registration of plaints and petitions - All plaints and petitions required
to be entered in any register must be registered on presentation irrespective
of any question as to their possible rejection or of their having to be returned
for amendment.

26. Registration of plaint to be within 24 hours - No plaint shall ordinarily

remain unregistered f or more than one day, but should it be found
impossible f o r any reason to register a plaint within 24 hours of its receipt,
the fact shall be reported to the Presiding Offic er of the Court concerned.

27. Plaint list - A list of the plaints filed each day shall be posted the same day
in the prescribed form in the language of the Court at some conspicuous place
in the Court house f or the information of the parties and their pleaders. It shall
be signed by the Presiding Officer and exhibited as early as possible and in all
circumstances before he leaves the Court. The lists shall be affixed one
above the other in the form of a guard file. They shall remain posted for one
week and thereaft er shall be preserved in the office. The lists f or a
quarter shall be destroyed at the end of the succeeding quarter.

Note - The above procedure will apply mutatis mutandis to memoranda of

appeals, but the District Judge shall decide whether the list of memoranda of
appeals shall be in the Vernacular or in English.

28. Ex- officio Commissioner of affidavits - All the Registrars, Civil and
Sessions Court, shall be ex-officio Commissioner of affidavits in respect
of matters and cases arising within and subject to the jurisdiction of all the Civil
Courts of the headquarters stations of the District Judge; and at the outlying
stations all the Sheristadars shall be ex-officio Commissioners of affidavits in
respect of matters and cases arising within and subject to the jurisdiction of
the respective Courts in which they are employed.

1. Inserted by C.S. No. 32, (IX-6/93, Dt. 6.10.1995 )

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29. Nazir to be Commissioner of affidavits relating to service of

processes - All Nazirs shall be Commissioners of affidavits when such
affidavits relate to service of processes and are sworn to by process-servers
under them.

30. Cause title "of affidavits - (a) Every affidavit to be used in a Court of
Justice shall be entitled "In the Court of ........ (Naming suchCourt) at ........"

(b) If there be a cause in Court, the affidavit in support of, or in opposition to, an
application respecting it must also be entitled in the cause.

(c) If there be no cause in Courts the affidavit shall be entitled "In the matter
of the petition of ......"

31. Divisions into paragraphs - Every affidavit containing any

statement of facts shall be divided into paragraphs and every paragraph
shall be numbered consecutively and as nearly as may be shall be
confined to a distinct portion of the subject.

32. Description of deponent - Every person, other than plaintiff or

defendant in a suit in which the application is made, making any affidavit,
shall be described in such a manner as will serve to identify him clearly, that
is to say, by the statement of his full name, the name of his father, his age,
his profession or trade, and the place of his residence.

33. Manner of swearing - When the deponent in any affidavit speaks to

any fact within his own knowledge, he must do so directly and positively,
using the words "I affirm" (or "make oath") and "say".

34. How to be entitled - When any particular fact is not within the
deponent's own knowledge but is stated from information obtained from
others the deponent must use the expression-"! am informed" (and if such
be the case, should add) "and ver ify believe it to be true" or he may state
the source from which he received such information. When the statement
rests on facts disclosed in documents or copies of documents, procured
from any Court of Justice or other sources, the deponent shall state the
source f rom which they were procured, and his information, or belief, as
to the truth of the facts disclosed in such documents.

35. Identification of deponent - Every person making an affidavit, if not

personally known to the Commissioner, shall be identified to the
Commissioner shall specify at the foot of the petition, or of the affidavit (as
the case may be), the name and description of him by whom the
identification is made, as well as the time and place of identification and of
the making of the affidavit.

36. Reading over and explaining the contents to the deponent - If any
person making an affidavit is ignorant of the language in which it is
written or shall appear to the Commissioner to be illiterate, or not fully
to understand the contents of the affidavit the Commissioner shall cause
the af fidavit t o be r ead and expl ained t o hi m in a l anguage which-

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both he and the Commissioner understand, either doing so himself, or

causing another person to do so in his presence. When any affidavit is
read and explained as herein provided, the Commissioner shall certify in
writing at the foot of the affidavit that it has been so read or explained,
and that the deponent seemed perfectly to understand the same at the
time of making the affidavit.

37. Indian Oaths Act - In administering oaths and affirmations to

deponents, the Commissioner shall be guided by the provisions of the
Indian Oaths Act (Act 44 of 1969), Christian deponents shall be sworn
on the New Testament.

The following form given in the Scheme of the said Act is to be

used - In English.

FORM No. 4 (Affidavits)

Swear in the name of God

I do solemnly affirm that this is my name and signature

(or mark) and that the contents of this my affidavit are true.

38. Proof of facts by affidavit - In all suits and appeals, evidence should,
as a general rule, "be taken orally in open Court in the presence, and under
the personal direction and superintendence of the Judge" (Order XVIII,
Rule 4). The power to order that any particular fact or facts may be proved
by affidavit, or that the affidavit of any witness may be read at the hearing,
should be exercised only under special circumstances or as Order XIX
declares, "for sufficient reason", which should always be specified in the
order. General orders cannot, therefore, be given for the admission of
affidavits in suits or appeals.

39. Proof of facts by use of affidavits based on knowledge -

The Court should be careful to enforce Order X I X, Rule 3 and except in

interlocutory applications (see Order XI X, Rule 2), to confine the use of
affidavits to such facts as the deponent is able to prove from his own
knowledge and to refuse statements founded on mere belief.

40. When filing of affidavit it compulsory - Every application under Rule

3, 4, 9 and 11 of Order XXII of the First Schedule to the Code of Civil
Procedure shall be supported.

CHAPTER – II

Processes and Process –servers

I. PROCESSES

A. General

41. Description of the officer issuing process - In every process and

order (of whatever description) issued by a Judicial Officer, fo r whatever
purpose it may be issued or made, the name of the district and of the
Court from which the same is issued and also the name

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and powers of the off icer issuing or making it shall be clearly set out in
such a manner that they may be easily read.

[41-A. whenever notices/sumons/warrants are to be issued by the Court,

the following shall be mentioned on the bottom of form f or information
about free Legal Services.

"You are hereby informed that free legal services from the State
Legal .Services Authorities, High Court Legal Services Committee, District
Legal services Authorities and Taluka Legal Services Committees, as per
eligibility criteria, are available to you and in case you are eligible and
desire to avail of the free legal services, you may contact any of the above
Legal Services Authorities / Committees.” “You are further informed that
alternative Dispute Resolution (A.D.R.)/ Mediation facilities are also available
in case you desire to avail the said facilities.”

42. Process to be in the language of the Court - (a) Processes should

ordinarily issue in the language of the Court, but processes sent f o r
service at any place where the language is different from that of the. Court
issuing them should be accompanied by a translation in the language of
such place or in English.

(b) Process to Europeans and Anglo-Indians in English - Processes to

Europeans and Anglo-Indians should be issued in English.

43. Description of the person to whom process is issued -

Every person on whom a process is to be executed shall be described

therein in such a manner as to identify him clearly, that is to say, by a
statement of his correct name and address and such further description as
will serve to identify him.

Note - In the case of service, or execution of processes to be effected in large

towns, the name of the street or section and the number of the house where
possible, should be given. Where addresses for service were filed by the
opposite parties in the lower Court, notices and processes shall issue from the
appellate Court to such addresses.

44. Forms to be filed in by parties - (1) With every application for the
issue of process, the parties shall file the necessary number of printed
forms duly filled up in ink, in clear and easily legible writing leaving the
date of appearance and the date of the process blank. On application,
such forms will be supplied free of charge.

(2) Parties responsible for accuracy - The parties or their pleaders shall sign
the forms in the left bottom corner and will be held responsible f o r the
accuracy of the information entered therein.

1. Inserted by C.S. No. 56 ( XLIX-D-3/2009, Dt. 3.4.2010).

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