In practice these separate stages are not always kept distinct, but are often combined, and so it may be sometimes difficult to determine whether the final order is an order on re-hearing or not-Lekhraj Roy vs. Kanhya Singh, 18 W. R., 494. See also Bhairo Din vs. Ram Sahai, I. L. R., 3 Alla., 316. Effect of Order.-Where a party obtained a review on the ground that, upon the record, he was entitled to the full relief he sought, the other side was not allowed to adduce new evidence-Banee Madhub vs. Shahzada, 20 W. R., 225. PART IX. CHAPTER XLVIII. SPECIAL RULES RELATING TO THE CHARTERED HIGH COURTS. 631. This Chapter applies only to High Courts which are or may hereafter be established under the twenty-fourth and twenty-fifth of Victoria, Chapter 104 (An Act for establishing High Courts of Judicature in India). Chapter to apply only to certain High Courts. 632. Except as provided in this Chapter the provisions of this Code apply to such High Application of Code Courts. to High Courts. Section 629 applies to the High Court-Achaya vs. Ratnavelu, I. L. R., 9 Mad., 253. 633. The High Court shall take eviHigh Court to record dence, and record judgments and orders in such manner as it by rule from time to time directs. judgments according to its own rules. This section empowers the Court to determine whether the judgments should be given orally or in writing, and where rules have been made the rules, and not section 574 apply-Sundar Bibi vs. Biseshar, I. L. R., 9 Alla., 93. Power to order exeascertainment of costs, cution of decree before and 634. Whenever a High Court considers it necessary that a decree made in the exercise of its ordinary original civil jurisdiction should be enforced before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation. Execution for costs subsequently. Unauthorized persons 635. Nothing in this Code shall be deemed to authorize any person on behalf of another to address not to address Court. the Court in the exercise of its ordinary original civil jurisdiction, or to examine witnesses, except when the Court shall have in the exercise of the power conferred by its Charter authorized him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakils and attorneys. See In re the Pleaders of the High Court, I. L. R., 8 Bom., 105, p. 134. 536. Who may serve pro Notices to produce documents, summonses to witnesses, and every other judicial process, ⚫cess of High Court. issued in the exercise of the ordinary or extraordinary original civil jurisdiction of the High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to defendants issued under section 64, writs of execution, and notices under section 553, may be served by the attorneys in the suit, or by persons employed by them, or by such other persons as the High Court, by any rule or order, from time to time, directs. Non-judicial acts may 637. Any non-judicial or quasi-judicial act, which this Code requires to be done by a Judge, and be done by Registrar. any act which may be done by a Commissioner appointed to examine and adjust accounts under section 394, may be done by the Registrar of the Court, or by such other officer of the Court as the Court may direct to do such act. The High Court may, from time to time, by rule declare what shall be deemed to be non-judicial and quasi-judicial acts within the meaning of this section. 638. The Sections not apply ing to High Court in original civil jurisdiction. following portions of this Code shall not apply to the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely, sections 16, 17 and 19 sections 54, clauses (a) and (b), 57, 119, 160, 182 to 185 (both inclusive), 17, 189, 190, 191, 192 (to far as relates to the manner of taking evidence), 198 so 206 (both inclusive), and so much of section 409 as relates to the making of a memorandum; and section 579 shall not apply to the High Court in the exercise of its appellate jurisdiction. Code not to affect Nothing in this Code shall extend or apply to any Judge of a High Court in cise of insolvent juris- the exercise of jurisdiction as an Insolvent High Court in exer diction. Court. Ordinary or Extraordinary Civil Jurisdiction.-Ordinary jurisdiction embraces all such as is exercised in the ordinary course of law and without any special step being necessary to assume it; and it is opposed to extraordinary jurisdiction which the Court may assume at its discretion upon special circumstances and on special orders -Navivahoo vs. Turner, I. L. R., 13 Bom., 520; 16 Ind. App., 156. Thus a judgment entered up in the name of the Official Assignee against the insolvent is entered up in the ordinary jurisdiction of the High Court-id.: but the appointment of a member of a committee under section 10, Act XX, 1863, is not a matter of ordinary civil jurisdiction of a District Court-Meenakhsi vs. Subramaniya, 14 Ind. App., 160. 639. The High Court may, from time to time, frame forms for any proceeding in such Court, and may make rules as to the books, entries Power to frame forms. and accounts to be kept by its officers. Exemption of cer PART X. CHAPTER XLIX. MISCELLANEOUS. 640. Women, who according to the customs and manners of the country ought not to be compelled to appear in public, shall be exempt. from personal appearance in Court. tain women from per sonal appearance. But nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code. Act VIII of 1859, section 21. This section applies to H. C. and P. S. C. C. The words after "civil process" have been introduced by Act VI of 1888, section 6. Women-An unmarried girl of twelve years of age is a woman-Mainath Singh vs. Moorta Kooer, 24 W. R., 375. The privilege is limited to the class of persons described in this section-women who, according to the customs and manners of the country, ought not to be compelled to appear in public. It cannot be claimed by all women of rank-Davis vs. Middleton, 8 W. R., 282; but, out of respect to the customs of this country, the invariable practice has been to allow respectable females, who are not accustomed to appear generally before the public, to be examined in their palkisKistomohun Mookerjee vs. Adarmoney Dabee, 2 Hyde, 88; 1 B. L. R., S. N., v. See also Zohurutoollah Chowdhry vs. Assalooddeen, 15 W. R., 129. Where an application was made under this section on the following grounds (1) that A had lost her husband ten months previous, and according to Parsi customs she did not leave her house for two years from her husband's death; (2) that B was fifty-eight years of age, sickly and unable to attend; (3) that C wanted to go up-country, the application was refused-Rustomji vs. Banoobai, I. L. R., 14 Bom., 584. There is no appeal from an order refusing to summon a person under this sectionBibee Solendra vs. Roy Kaliha Sahoy, W. R., 1864, Mis., 23. Local Government may exempt certain persons from personal appearance. 641. The Local Government may, by notification in and may, by like List of names of persons exempted to be kept in Court. such Court, and a list of such persons as reside within the local limits of the jurisdiction of each Court subordinate to the High Court shall be kept in such subordinate Court. Costs of commission rendered necessary by claiming privilege When any person so exempted claims the privilege of such exemption, and it is consequently necessary to examine him by commission, he shall pay the costs of that commission unless the party requiring his evidence pays such costs. Act VIII of 1859, sections 22, 23. This section applies to H. C. and P. S. C. C. The exemption is absolute, and not limited to cases in which the party claiming it has been summoned by the opposite party. A Rajah instituted a suit under Act X of 1859 through an agent appointed in that behalf. The Deputy Collector, not being satisfied with the information which the agent could give, adjourned the hearing to a subsequent day, and required the personal appearance of the Rajah. The Rajah claimed to be exempted; but the Deputy Collector refused the application, and dismissed the case. It was held that the Rajah was not bound to attend, and the suit was wrongly dismissed -Jaggut Inder vs. Soorjcoomar Chowdhree, Marsh., 627. 642. No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court. Persons exempt from arrest under civil pro cess. And, except as provided in section 337A, sub-section (5), and sections 256 and 643, where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtárs, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal. This section has been modified by Act VI of 1888, section 7. It applies to H. C. and P S. C. C. Compare The Empress of India vs. Harakh Nath, I. L. R., 4 Alla., 27, with the present law. See also 2 Taylor, 1155; 2 Tay. and Bell, 234. The privilege granted to witnesses is not for the personal benefit of the individual, but for the furthering of the public interests and the better administration of justice. And if there is not a bond fide belief that his attendance was required, he has no privilege-Wooma Churn Dhole vs. Teil, 14 B. L. R., App., 13. In the case of John vs. Carter, 4 B. L. R., O. J., 91, the defendant Carter, while proceeding to Court to hear his case, was arrested under an order issued against him for contempt in the suit, and it was decided that he had no privilege. And where an insolvent who was wrongly imprisoned was arrested on his release, it was held he could not claim privilege-Samarapuri vs. Parry & Co., I. L. R., 13 Mad., 150. But in a suit under Chapter XXXIX, where the defendant is not allowed to defend without obtaining leave, a defendant appearing in Court for that purpose is privilegedIn the matter of Soorendro Nath Roy, I. L. R., 5 Cal., 106; and where plaintiff, a resident of Bengal, went to Madras, on the 24th of October, to attend a case, which was adjourned for seven weeks on the 27th of October, and he was arrested on the 10th of November: Held, he was privileged-In the matter of Siva Bux, I. L. R., 4 Mad., 317. The Small Cause Court of Calcutta is a Court of inferior jurisdiction. Where a prisoner was brought up to the High Court on a writ of habeas corpus, and the return of the jailor stated that the prisoner was detained under a warrant of the Small Cause Court, it was held that the prisoner was entitled to go behind the return and show that he was exempted from arrest at the time he was taken into custody-In the matter of Omritolall Dey, I. L. R., 1 Cal., 78; In the matter of Juggessur Roy, 5 C. L. R., 170. O'K., CIV. P. 36 Procedure in case of certain offences. 643 When in a case pending before any Court there appears to the Court sufficient ground for sending for investigation to the Magistrate a charge of any such offence as is described in section 193, section 196, section 199, section 200, section 205, section 206, section 207, section 208, section 209, section 210, section 463, section 471, section 474, section 475, section 476 or section 477 of the Indian Penal Code, which may be made in the course of any other suit or proceeding, or with respect to any document offered in evidence in the case, the Court may cause the person accused to be detained till the rising of the Court, and may then send him in custody to the Magistrate, or take sufficient bail for his appearance before the Magistrate. The Court shall send to the Magistrate the evidence and documents relevant to the charge, and may bind over any person to appear and give evidence before such Magistrate. The Magistrate shall receive such charge and proceed with it according to law. Act XXIII of 1861, section 19. This section applies to H. C. and P. S. C. C. Apparently the case must be pending-if it has been decided, no action can be taken under this section-and even then the Courts should only refer when they have come to some conclusion in respect of the guilt of the parties or the genuineness of the document, as the case may be-Hurrondth Roy, Petitioner, 7 W. R., 482.; but an order referring a case to a Magistrate is not bad if the Judge does not hold a preliminary inquiry- In the matter of Mutty Lall Ghose, I. L. R., 6 Cal., 308; Empress vs. Juala, I. L. R., 5 Alla., 62; but is bad if the procedure followed by the Civil Court is wrong--Reg. vs. Mutturaman, I. L. R., 4 Mad., 325. Use of forms in fourth schedule. 644. Subject to the power conferred on the High Court by section 639 and by the twentyfourth and twenty-fifth of Victoria, Chapter 104, section 15, the forms set forth in the fourth schedule hereto annexed, with such variation as the circumstances of each case require, shall be used for the respective purposes therein mentioned. This section applies to H. C. and P. S. C. C. 645. The language which, when this Code comes into Language of subor. force, is the language of any Court subordinate Courts. dinate to a High Court shall continue to be the language of such subordinate Court until the Local Government otherwise orders; but it shall be lawful for the Local Government, from time to time, to declare what language shall be the language of every such Court. This section applies to H. C. and P. S. C. C. |