The Bombay High Court Original Side Rules, 1980

THE BOMBAY HIGH COURT (ORIGINAL SIDE) RULES, 1980

(Amended upto 20th October, 2022)

Table of Contents

Chapter No.	Particlulars	Rules


Part - I	Advocates and Registered Clerks	01 - 25

Part - II	Rules relating to the Jurisdiction of the High Court on its Original Side
Chapter - I	Original Jurisdiction	26 - 28
Chapter - II	Vacations and Holidays	29 - 31A
Chapter - III	Rules applicable to all offices on the original side.	32 - 41
Chapter - IV	Institution of the Suit	42 - 62
Chapter - V	Minors and Persons of Unsound mind	63 - 68
Chapter - VI	Writ of Summons	69 - 87
Chapter - VII	Written Statement, Set-Off and Counter-Claim	88 - 106
Chapter - VIII	Third party procedure	107 - 120
Chapter - IX	Chamber work [deleted Chapter IX]	121 - 139
Chapter - IXA	Interim Applications	121 IXA - 134 IXA
Chapter - X	Notices of Motion [deleted Chapter X]	140 - 149
Chapter - XI	Matters arising pending Suit	150 - 189A
Chapter - XII	Affidavits	190 - 209
Chapter - XIII	Suits by Indigent persons	210 - 220
Chapter - XIV	Summary suits	221 - 227
Chapter - XV	Commercial causes	228 - 236
Chapter - XVI	Administration suits	237
Chapter - XVII	Originating summons	238 - 261
Chapter - XVIII	Computation of time and power to enlarge or abridge time.	262 - 266
Chapter - XIX	Search and certified copies	267 -273
Chapter - XX	Proceedings at the hearing of suits and upto and inclusive of Decrees Decrees and orders passed in Courts	274 - 306
Chapter - XXI	Arrest and attachment before Judgment	307 - 312
Chapter - XXII	Execution of Decrees and orders	313 - 344
Chapter - XXIII	Garnishee proceedings	345 - 354
Chapter - XXIV	Guardians of minors and of persons of unsound mind	355 - 364
Chapter - XXV	Receipts and payments by officers of the Court	365 - 368
Chapter - XXVI	Testamentary and intestate Jurisdiction	369 - 436
Chapter - XXVII	Security	437 - 444
Chapter - XXVIII	Office of the Sheriff of Bombay	445 - 486
Chapter - XXIX	Office of the Commissioner for taking Accounts - Sales of Properties - Settling proclamation of sale in execution - Miscellaneous	487 - 588
Chapter - XXX	Office of the Receiver	589 - 599
Chapter - XXXI	Taxation and Advocate's fee	600 - 610
Chapter - XXXII	Office of the Chief Translator and Interpreter	611 - 635
Chapter - XXXIII	Rules for the issue of Writs under Article 226 of Constitution other then Habeas Corpus	636 - 648A
Chapter - XXXIV	Rules relating to reference under The Land Acquisition Act, 1894 (Act No. I of 1894)	649 - 655
Chapter - XXXV	Rules relating to reference and applications under section 256 of The Income Tax Act, 1961 ( Act No. 43 of 1961)	656 - 669B
Chapter - XXXVI	Rules relating to reference and applications under section 27 of The Wealth Tax Act, 1957 (Act No. 27 of 1957)	670 - 681B
Chapter - XXXVII	Rules relating to reference and applications under section 64 of The Estate Duty Act, 1953 (Act No. 34 of 1953)	682 - 693
Chapter - XXXVIII	Rules relating to references and applications under section 26 of The Gift-Tax Act, 1958 (Act No. 18 of 1958)	694 - 705B
Chapter - XXXIX	Rules relating to references and application under section 61 of the Bombay Sales Tax Act, 1959 (Act No. 51 of 1959)	706 - 718
Chapter - XL	Rules under the Banking Regulation Act, 1949 (Act No. 10 of 1949)	719 - 771
Chapter - XLI	Rules under The Arbitration Act, 1940 (Act No. 10 of 1940)	772 - 789
Chapter - XLII	Rules under The Arbitration (Protocal and Convention) Act, 1937 (Act No. 6 of 1937)	790 - 796
Chapter - XLIII	Rules under The Foreign Awards (Recognition and Enforcement) Act, 1961 (Act No. 45 of 1961)	797 - 803
Chapter - XLIII-A	Rules relating to Arbitration and Conciliation Act, 1996	803A - 803K
Chapter - XLIV	Rules under The Indian Divorce Act, 1869 (Act No.4 of 1869)	804 - 823
Chapter - XLV	Rules under The Trade and Merchandise Marks Act, 1958 (Act No. 43 of 1958)	824 - 835
Chapter - XLVI	Rules under The Insurance Act, 1938 (Act No. 4 of 1938)	836 - 844
Chapter - XLVII	Rules under The Transfer of Property Act, 1882 (Act No. 4 of 1882)	845 - 856
Chapter - XLVIII	Rules under The Indian Trusts Act, 1882 (Act No. 2 of 1882)	857
Chapter - XLIX	Rules under The Powers of Attorney Act, 1882 (Act No. 7 of 1882)	858 - 861
Chapter - L	Rules relating to cases under The Charterd Accounts Act, 1949 (Act No.37 of 1949)	862 - 870
Chapter - LI	Review	871 - 875
Chapter - LII	Appeals	876 - 909
Chapter - LIII	Appeals to the Supreme Court	910 - 923
Chapter - LIII-A	Transfer of cases under Article 139-A of The Constitution	923A - 923F
Chapter - LIV	Audit of Accounts	924 - 926
Part III	Admirality Jurisdiction Rules for regulating The Procedure and Practice in Cases brought before The High Court under The Colonial Courts of Admiralty Act, 1890 ( 53-54 Victorla Ch.27)	927 - 968
Part IV	Criminal Jurisdiction - Constitution of Court and Sitting	969 - 984
Part V	Miscellaneous	985 - 991
Chapter - LV	Rules relating to reference and applications under section 130 of The Customs Act, 1962 (Act No. 130 of 1962)	992 - 1003
Chapter - LVI	Rules relating to references and applications under section 35 of The Central Excises and Salt Act, 1944	1004 - 1015
Chapter - LVII	Rules relating to reference and applications under section 82 of The Gold (Control) Act, 1986 (Act No. 82 of 1968)	1016 - 1027
Chapter - LVIII	Rules to regulate proceedings for Contempt under Article 215 of The Constitution of India and The Contempt of Courts Act, 1971	1028 - 1053
Chapter - LVIII-A	Norms for presentation and conduct of proceedings in person by parties
Chapter - LIX	Rules relating to cases under The Company Secretaries Act, 1980	1054 -1062
Chapter - LX	Special Jurisdiction : Admiralty Jurisdiction	1063 - 1110

	SHEDULE OF FORMS

Form No	Details

1	Application for Registration
2	Proposal to designate Advocate as Senior Advocate
2A	Performa of Bio-data
3	Verification of plaints and other pleadings
4	Appearance, of party in person
5	Vakalatnama of Advocate or Supreme Court Advocate
6	Petition to appoint guardian-ad-litem
7	Notice of application to appoint guardian-ad-litem
8	Writ of summons in a matrimonial suit other then a suit under the Indian Divorce Act, 1869
9	Writ of Summons in a suit other then a Summary Suit or a Matrimonial Suit
9A
10	Writ of Summons in a Summary Suit
11	Summons for Judgment in Summary Suit
12	Chamber Summons
13	Notice of Motion
14	Notice under Order XXX, Rule 5 of the Code of Civil Procedure
15	Notice of Counter-claim
16	Notice of payment with denial of liability
17	Third Party Notice : Re: Contribution or Indemnity
18	Third Party Notice : Re : Question or Issue
19	Confession of Defence
20	Order for dismissal or withdrawal of suit
21	Affidavit of documents under Order XI, Rule 13 of the Code of Civil Procedure
22	Summons to witness
23	Originating Summons
24	Commission under section 76, Order XXVI, Rule 4 of the Code of Civil Procedure
25	Order appointing Receiver
26	Order of References to arbitration
27	Order of Reference in Administration Suit
28	Order of reference under Order XXVI, Rules 11 and 12 of the Code of Civil Procedure
29	Decree on Commissioner's Report
30	Application to Draw up money decree
31	Money Decree
32	Decree under Order XXXVII of the Code of Civil Procedure
33	Money decree in suit and on Third Party Notice
34	Preliminary decree on Mortgage, Mortgagor in possession
35	Preliminary decree on Mortgage, by deposit of title deeds 319
36	Preliminary decree on Mortgage, Mortgagee in possession
37	Final decree in foreclosure
38	Final decree in suit for sale
39	Decree of the Appellate Court, dismissing Appeal
40	Warrant of arrest before judgment under Order XXXVIII, Rule 1 of the Code of Civil Procedure
41	Security Bond under Order XXXVIII, Rule 2 of the Code of Civil Procedure
42	Warrant of committal in the case of arrest before judgment
43	Warrant of attachment before judgment under Order XXXVIII, Rule 5 of the Code of Civil Procedure
44	Notice under Order XXI, Rule 2 of the Code of Civil Procedure
45	Application for Execution under Order XXI, Rule 11(2) of the Code of Civil Procedure
46	Notice under Section 145 of the Code of Civil Procedure
47	Garnishee Notice
48	Notice under Order XXI, Rule 16 of the Code of Civil Procedure
49	Notice under Order XXI, Rule 22 of the Code of Civil Procedure
50	Notice under Order XXI, Rule 34 of the Code of Civil Procedure
51	Notice under Order XXI, Rule 37 of the Code of Civil Procedure
52	Warrant of arrest after judgment under Order XXI, Rule 38 of the Code of Civil Procedure
53	Warrant of committal in execution of decree
54	Warrant of attachment of movable property in the possession of the judgment-debtor under Order XXI, Rule 43 of the Code of Civil Procedure
55	Warrant of attachment of a debt not secured b y negotiable instrument under Order XXI, Rule 46 of the Code of Civil Procedure
56	Warrant of attachment of shares in public companies under Order XXI, Rule 46 of the Code of Civil Procedure
57	Warrant of attachment of movable property in possession of third party under Order XXI, Rule 46 of the Code of Civil Procedure
58	Order to attach salary of public officer, etc. under Order XXI, Rule 48 of the Code of Civil Procedure
59	Attachment of partnership property under Order XXI, Rule 49 of the Code of Civil Procedure
60	Warrant of attachment of negotiable instrument under Order XXI, Rule 51 of the Code of Civil Procedure
61	Notice under Order XXI, Rule 52 of the Code of Civil Procedure
62	Notice under Order XXI, Rule 53(1) (a) and (6) of the Code of Civil Procedure
63	Notice under XXI, Rule 53(1)(b) of the Code of Civil Procedure
64	Notice under Order XXI, Rule 53(4) of the Code of Civil Procedure
65	Warrant of attachment of immovable property under Order XXI, Rule 54 of the Code of Civil Procedure
66	Warrant for sale of movable property under Order XXI, Rule 64 of the Code of Civil Procedure
67	Warrant for sale of immovable property under Order XXI, Rule 64 of the Code of Civil Procedure
68	Conditions of sale of immovable property
69	Conditions of sale of movable property other then negotiable securities etc.
70	Bidding paper
71	Certificate showing persons who have applied for execution of money decree
72	Notice to judgment-creditor
73	Order for payment by Sheriff
74	Warrant of possession under Order XXI, Rule 35 and 36 of the Code of Civil Procedure
75	Warrant of possession under Order XXI, Rules 95 and 96 of the Code of Civil Procedure
76	Commissioner's Summons to judgment-debtor for settling proclamation of sale
77	Notice to persons having claims on attached property
78	Sheriff's proclamation of sale
79	Instruction to guardians
80	Bond by guardian
81	Receiver's Account
82	Notice under section 18 of the Land Acqusition Act, 1894
83	Notice under section 30 of the Land Acqusition Act, 1894
84	Special Case : Section 13 (b) of the Arbitration Act, 1940
85	Notice under the Indian Divorce Act to appear and answer
86	Notice to apply for leave to intervene
87	Notice under section 21 of the Chartered Accountants Act, 1949
88	Notice under section 22-A (1) of the Chartered Accountants Act, 1949
89	Notice under section 22-A (2) of the Chartered Accountants Act, 1949
90	Memorandum of Appeal under Order XLI, Rule 1 of the Code of Civil Procedure
91	Notice under Order XLI, Rule 14 of the Code of Civil Procedure
92	Security Bond under Order XLI, Rule 5 of the Code of Civil Procedure
93	Petition for grant of a certificate for appeal to the Supreme Court
94	Notice of application for certificate for an appeal to the Supreme Court
95	Order granting certificate for appeal to the Supreme Court
96	Notice of lodgment of petition of appeal in the registry of the Supreme Court

FORMS RELATING TO TESTAMENTARY AND INESTATE JURISDICTION

97	Petition for probate of a Will
98	Schedule of property of the deceased
99	Schedule of debts etc of the deceased
100	Schedule of trust property held by the deceased
101	Executor's oath
102	Affidavit of the attesting witness.
103	Petition for Letters of Administration
104	Administrator's oath
105	Petition for Letters of Administration with Will annexed
106	Administrator's oath in the case of Letters of Administration with the Will annexed
107	Petition by Constituted Attorney for Letters of Administration with copy of authenticated coply of the Will annexed
108	Administrator's oath in case where Letters of Administration with copy of authenticated copy of the Will are granted to constituted Attorney
109	Petition for Judge's Order to apply for Letters of Administration for the use and benefit of a minor
110	Petition for Succession Certificate
111	Schedule of debts and securities of the deceased
112	Petitioner's oath in the case of Succession Certificate
113	Subpoena to bring in Will etc
114	Citation to accept or refuse executorship
115	Citation to see proceedngs
116	Caveat
117	Notice of the filing or affidavit in support of caveat
118	Administration Bond
119	Administration Bond of a Constituted Attorney
120	Bond in the case of Succession Certificate
121	Probate
122	Letters of Administration
123	Letters of Administration with the will annexed
124	Succession Certificate
125	Extension Certificate
126	Succession Certificate to the guardian of a minor
127	Order under section 10 of the Administrator-General Act, 1963
128	Letters of Administration granted to the Administors-General
129	Letters of Administration with the will annexed granted to the Administrator General
130	Certificate that no application has been made for probate or letters of administration
131	Citation to file inventory and account
132	Certificate of filing inventory and account
133	Certificate of amended value of the estate, to be forwarde3d to the Superintendent of Stamps
134	Notice under section 360 and 367 of the Indian Succession Act
135	Oaths or affirmations
136	Notice under section 21 of the Company Secretaries Act, 1980
137	Notice under section 30 of the Company Secretaries Act, 1980
138	Notice under section 31 of the Company Secretaries Act, 1980
139	Admiralty Form No. 139
140	Admiralty Form No. 140
141	Admiralty Form No. 141
142	Admiralty Form No. 142
143	Admiralty Form No. 143
144	Admiralty Form No. 144


APPENDIX I
	Rules relating to references and Appliciations under section 25 of the Expenditure Tax Act, 1957 ( Act No. 29 of 1957)

APPENDIX II
	Rules relating to Election Petitions under the Representation of the People Act, 1951 ( Act No. 43 of 1951)

APPENDIX III
	Rules under the Destruction of Records Act, 1917 (Act No. 5 of 1917)

APPENDIX IV
	Rules and Forms for regulating the Procedure of the Parsi Chief Matrimonial Court at Bombay

APPENDIX V
	Rules of the High Court at Bombay under the Maharashtra Vaxatious Litigation (Prevention) Act, 1971

APPENDIX VI
	Rules framed by the High Court under section 34(1) of the Advocates Act, 1961
	Letters Patent (Bombay)
	Schedme for Appointment of Arbitrators by the Chief Justice of Bombay High Court
	The Bombay High Court Process Fees Rules, 2006
	The Bombay High Court Process Fees (Repeal) Rules, 2014
	The Bombay High Court, Right to Information (Revised) Rules, 2009
	The Bombay High Court (Designation of Senior Advocates) Rules, 2018


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