Civil Court Rules
R.M.Bhaduri
(Querist) 20 October 2009
This query is : Resolved
Whether Civil Court Rules are mandatory or discretionary? Can a Judge of Civil Court avoid the rules as laid down in Civil Court Rules by treating as not mandatory? If possible please cite decisions/rulings.
Thanks
R.R. KRISHNAA
(Expert) 20 October 2009
Civil court rules, Civil Rules of Practice are also equally important as other procedural laws like CPC and have to be read along with CPC in dealing cases. A judge has to certainly adhere to the civil court rules while handling a case.
joyce
(Expert) 20 October 2009
In C.P.C certain rules n norms are mandatory as where as certain norms are not mandatory, judges do have some discreationary powers, inherant powers within their limits, such powers are well explained in the code of civil procedures, u can go thru it there are many such circumstances which come across.
Sachin Bhatia
(Expert) 20 October 2009
Agree with the opinion of Joyce
venkatesh Rao
(Expert) 21 October 2009
Civil Court Rules are framed by the High Courts in excercise of the powers conferred under section 122 of CPC and are mandatory. The judge has to follow them. and has no option to deviate therefrom under any pretext.
Arul Kumar
(Expert) 23 October 2009
I Agree with Mr. Rao.
