Civil Manual 538 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

The Code itself provides explicitly or impliedly that the Court may appoint an officer—

(1) to receive plaints (Order IV, rule 1), (2) to register plaints (Order IV, rule 2), (3) to sign summonses to defendants and witnesses [Order V, rule 1 (3) and rule 10], (4) to serve summonses (Order V, rule 9), (5) to sign letters substituted for summonses (Order V, rule 30), (6) to satisfy himself as to the correctness of copies produced and mark the original documents for the purpose of identification (Order VII, rule 17), (7) to receive applications for summonses to witnesses (Order XVI, rule 1), (8) to receive applications for execution (Order XXI, rule 10), (9) to sign process for execution (Order XXI, rule 24), (10) to conduct sales (Order XXI, rule 65). The Code also provides by rule 9 (4) of Order VII, that the chief ministerial officer of the Court shall satisfy himself as to the correctness of and sign the following papers:—

(i) List of documents produced along with the plaint.

(ii) Copies of the plaint.

(iii) Concise statements.

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