Rule 3 of CPC : Rule 3: Application of rules.

Explanation using Example

Example 1:

Scenario: Filing a Civil Suit in the Bombay High Court

Context: Mr. Sharma wants to file a civil suit in the Bombay High Court, which is a Chartered High Court, regarding a property dispute.

Application of Rule 3:

• Mr. Sharma's lawyer prepares the plaint (the written statement of the claim).
• Normally, under Order VII, Rule 10, if the plaint is presented to a court that does not have jurisdiction, it should be returned to be filed in the proper court. However, since Rule 10 of Order VII does not apply to Chartered High Courts under their original civil jurisdiction, the Bombay High Court can choose to handle the matter differently.
• Similarly, the requirements under Rule 11(b) and (c) of Order VII, which deal with the rejection of a plaint for not disclosing a cause of action or being barred by law, do not apply. The High Court has its own procedures for handling such issues.

Example 2:

Scenario: Summoning Witnesses in the Calcutta High Court

Context: Ms. Gupta is involved in a civil case in the Calcutta High Court, another Chartered High Court, and needs to summon witnesses to testify.

Application of Rule 3:

• Normally, under Order XVI, Rule 2, a party must apply to the court to issue summons for witnesses. However, this rule does not apply to Chartered High Courts in their original civil jurisdiction.
• Ms. Gupta's lawyer can follow the specific procedures laid out by the Calcutta High Court for summoning witnesses, which may be different from the general rules applicable in other courts.

Example 3:

Scenario: Recording Evidence in the Madras High Court

Context: Mr. Rao is involved in a civil litigation case in the Madras High Court, which is also a Chartered High Court.

Application of Rule 3:

• During the trial, the manner of taking evidence is crucial. Normally, under Order XVIII, rules 5, 6, 8, 9, 10, 11, 13, 14, 15, and 16, there are specific procedures for how evidence should be recorded.
• However, these rules do not apply to the Madras High Court in its original civil jurisdiction. The court may have its own methods for recording evidence, which Mr. Rao's lawyer will need to follow.

Example 4:

Scenario: Judgment Pronouncement in the Bombay High Court

Context: After a lengthy trial, the Bombay High Court is ready to pronounce judgment in a civil case involving Ms. Patel.

Application of Rule 3:

• Normally, under Order XX, rules 1 to 8, there are detailed procedures for how judgments should be pronounced and recorded.
• Since these rules do not apply to Chartered High Courts in their original civil jurisdiction, the Bombay High Court will follow its own procedures for pronouncing and recording the judgment.

Example 5:

Scenario: Appellate Jurisdiction in the Calcutta High Court

Context: Mr. Das is appealing a decision made by a lower court in the Calcutta High Court.

Application of Rule 3:

• Normally, under Order XLI, Rule 35, there are specific requirements for the contents of the decree in appellate cases.
• However, this rule does not apply to Chartered High Courts in their appellate jurisdiction. The Calcutta High Court will have its own rules for what must be included in the decree for appellate cases.