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:—
(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.
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
Certain rules do not apply to a Chartered High Court in its ordinary or extraordinary original civil jurisdiction. These are Order VII rule 10 and rule 11 clauses (b) and (c); Order X rule 3; Order XVI rule 2; Order XVIII rules 5, 6, 8 to 11 and 13 to 16 as to manner of taking evidence; Order XX rules 1 to 8; and Order XXXIII rule 7 as to the memorandum. Rule 35 of Order XLI does not apply to such a High Court in its appellate jurisdiction.
