Section 131   [ View Judgements ]

Delegation of the Chamber Judge’s Powers to the Prothonotary and Senior Master


The following matter shall be disposed of by the Prothonotary and Senior Master:-

(1) Admission and rejection of plaints.

(2) Applications for the appointment of a guardian-ad-litem of a minor.

(3) Applications for the appointment of a new next friend or a new guardian-ad- litem of a minor.

(4) Applications for substituted service of the writ of summons and other process.

(5) Applications (formal) to amend the plaint or subsequent proceedings or to strike out any matter therein.

(6) Applications arising from the death, marriage or insolvency of parties to suits, matters or appeals or from the assignment, creation or devolution of any estate or title pendente-lite.

(7) Application relating to the conduct or frame of suits previous to the hearing, unless the suit is on one of the boards for the day.

(8) Applications for leave to sue or defend as an indigent person.

(9) Applications for discovery and for productions and inspection of documents.

(10) Application for orders of reference to arbitration unless the suit is on one of the boards for the day.

(11) Application for the taxation and delivery of bills of costs of attorneys.

(12) Applications for the delivery by an Attorney of deeds, documents and papers.

(13) Applications for the delivery by an Advocate on record of deeds, documents and papers.

(14) Application under rule 73 and 75 for fixing the returnable date of the writ of summons.

(15) Application under rule 87 for an order that the suit be not placed on Board for dismissal.

(16) Application under rule 127 for short service of summons returnable before the Prothonotary and Senior Master.

(17) To grant refund of Court Fees when orders are passed under rule 163.

(18) Application under rule176 to enlarge the time to file interrogatories etc.

(19) Applications under rule 185 for payment of expenses to witnesses.

(20) Application under rule 187 OR 188 for discharge or change of advocate, except when such applications are made in criminal case under the companies act, 1956, or the banking regulation act, 1949. in such cases the said applications shall be referred to and heard by the company judge seized of the criminal case.

(21) Assignment of Advocate under rule 215 to assist suitors in matters filed by indigent persons.

(22) Applications under rule 402 for extending time to file affidavit in support of caveat.

(23) Application under rule 448 for an order directing the Sheriff to accept the writ of summons for service.

(24) Application under rule 631 for translation of document.

(25) Applications under rule 809 for fixing the returnable date of the Notice to appear and answer under the Indian Divorce Act, 1869.

(26) Applications under rule 859 for depositing powers of attorney in the registry.

(27) Inquiry under rule 886 as to the claim of the petitioner who applies for leave to appeal as an indigent person.

(28) Application for further and better statement of the nature of the claim or defence or for further and better particulars under Order VI, rule 5 of the Code of Civil Procedure.

(29) Application under Order XI, rule 19 of the Code of Civil Procedure, for the furnishing of verified copies and for the discovery of specific documents.

(30) Application for execution under Order XXI, rule 50 of the Code of Civil Procedure

(31) Uncontested applications for commissions to examine witness under Order, XXVI, rule 1.

(32) Application for extension of time under Order XVII, rule 7 of the Code of Civil Procedure and generally all applications for further time not otherwise provided for.

(33) Applications for statement of names and addresses of partners under Order XXX, rule 1 and applications under Order XXX, rule 2 of the Code of Civil Procedure:



Such of these matters or categories of matters as may be delegated by the Prothonotary and Senior Master to the Additional Prothonotary and Senior Master shall be disposed of by the Additional Prothonotary and Senior Master:



(1)[(34) Suits for directions as to which List of Suits should be

transferred after service is effected and consequential orders thereto. ]



Provided that where any matter appears to the Prothonotary and Senior Master or the additional Prothonotary and Senior master proper for the decision of a Judge, the Prothonotary and Senior Master or the Additional Prothonotary and Senior Master may refer the same to the Judge in Chambers, and the Judge may either dispose of the matter or refer the same back of the Prothonotary and Senior Master or the Additional Prothonotary and Senior Master with such directions as he may thinks fit:



Provided further that the Chief Justice may in any particular case authorize any other officer of the High Court to exercise the powers exercisable by the Prothonotary and Senior Master or the Additional Prothonotary and Senior master under this rule.

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