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Order XLIX: Chartered High Courts

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Legal Commentary & Landmark Judgments: Order 49

Order XLIX regulates the application of the CPC rules to Chartered High Courts, specifying which rules do not apply to Chartered High Courts in the exercise of their ordinary or extraordinary original civil jurisdiction.

  • Chartered High Court Inapplicability List [R. 3]: Specifies rules that do not apply to Chartered High Courts: Order 3 Rule 1 (part), Order 5 Rules 10-15, Order 18 Rules 5-15 (deposition recording rules), Order 20 Rules 1-8 (judgment rules), and Order 41 Rule 31.
  • Letters Patent Autonomy: Preserves the Chartered High Courts' internal procedures established under Royal Charters and Letters Patent.
  • Stenographic Evidence Recording: Permits original side judges to take evidence stenographically or maintain digital records.
Key Landmark Precedents:
  • P.S. Sathappan v. Andhra Bank Ltd., (2004) 11 SCC 672: The Constitution Bench settled that Order 49 preserves the procedural autonomy of Chartered High Courts, ensuring their Letters Patent jurisdiction is not eroded by general First Schedule rules.
  • Iridium India Telecom Ltd. v. Motorola Inc., (2005) 2 SCC 145: Affirmed that Order 49 insulates Chartered High Court original side practice from restrictive CPC rules.
Courtroom Practice & Strategic Litigation Guidance:

In original side suits before the High Courts of Bombay, Calcutta, or Madras, Order 49 Rule 3 exempts judges from rigid CPC deposition rules; evidence is recorded pursuant to High Court Original Side Rules.

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