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 app...

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