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The Code of Civil Procedure, 1908: page 233

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 233, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                   ORDER XLVIII
                                                   MISCELLANEOUS
    1. Process to be served at expense of party issuing.—(1) Every process issued under this Code shall
be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs.
    (2) Costs of service.—The court-fee chargeable for such service shall be paid within a time to be
fixed-before the process is issued.
    2. Orders and notices how served.—All orders, notices and other documents required by this Code to
be given to or served on any person shall be served in the manner provided for the service of summons.
    3. Use of forms in appendices.—The Forms given in the appendices, with such variation as the
circumstances or each case may require, shall be used for the purposes therein mentioned.
                                                   ORDER XLIX
                                            CHARTERED HIGH COURTS
    1. Who may serve processes of High Court.—Notice to produce documents, summonses to
witnesses, and every other judical process, issued in the exercise of the original civil jurisdiction of the
High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to
defendants, writs of execution and notices to respondents may be served by the attorneys in the suits, or
                                                                           e
by persons employed by them, or by such other persons as the High Court, by any rule or order, directs.
                                                                     od
    2. Saving in respect of Chartered High Courts.—Nothing in this Schedule shall be deemed to limit
or otherwise affect any rules in force at the commencement of this Code for the taking of evidence or the
recording of judgments and orders by a Chartered High Court.
                                                              aC
                                                         di
    3. Application of rules.—The following rules shall not apply to any Chartered High Court in the
exercise of its ordinary or extraordinary original civil jurisdiction, namely:—
                                                    In
         (1) rule 10 and rule 11, clauses (b) and (c), of Order VII;
         (2) rule 3 of Order X;
         (3) rule 2 of Order XVI;
       (4) 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;
         (5) rule 1 to 8 of Order XX; and
         (6) 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.
                                                      ORDER L
                                          PROVINCIAL. SMALL CAUSE COURTS
    1. Provincial Small Cause Courts.—The provisions hereinafter specified shall not extend to Court
constituted under the Provincial Small Cause Courts Act 1887 (9 of 1887) 1[or under the Berar Small
Cause Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes 2[under the
said Act or Law] 3[or to Courts in 4[any part of India to which the said Act does not extend] exercising a
corresponding jurisdiction that is to say—
         (a) so much of this Schedule as relates to—



1. Ins. by Act 4 of 1941, s. 2, and Sch. III.
2. Subs. by s. 2, and Sch. III, ibid., for “under that Act”.
3. Ins. by Act 2 of 1951, s. 18.
4. Subs. by the Adaptation of Laws (No. 2) Order, 1956 , for “Part B States”.

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