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Report No. 188

Original matters:

In Part VI of the Rules, we have the Delhi High Court (Original Side) Rules, 1967 made in exercise of powers conferred under sections 122 and 129 of the Code of Civil Procedure, 1908 and section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966), with respect to the practice and procedure for the exercise of its ordinary original civil jurisdiction.

Chapter XVI refers to 'Commercial Suits'. It contains two Rules:

"1. Commercial cases defined - Commercial suits include suit arising out of the ordinary transactions of merchants, bankers and traders; and amongst others those relating to the construction of mercantile documents, export or import of merchandise, affraightment, carriage of goods by land, sea or air insurance, banking and mercantile agency and mercantile usages.

2. Plaint in such cases to be marked "Commercial" Suits - Where a plaintiff, on the presentation of the plaint, applies that his suit may be dealt with as a commercial suit, the Registrar shall if satisfied that the suit is a commercial suit and has been brought without undue delay, cause the plaint to be marked with the words "Commercial Suit" in addition to the usual endorsements.

Explanation - A suit which has been brought within six months of the cause of action having arisen has been brought without undue delay."

It will be seen that the Delhi High Court Rules require special classification of 'commercial' Appeals as well as 'original side matters'. The Rules do define the word 'commercial'.

Our proposals are that 'Commercial Matters' have to be dealt with by the 'Commercial Division of the High Courts on the original side, consisting of matters which are above a minimum pecuniary value of (say) rupees one crore or more and there should be a 'fast track' procedure and subject to one appeal to the Supreme Court of India. Hence, it will be necessary to make substantial legislative changes applicable not only to the Delhi High Court but applicable to all the High Courts. These proposals will be stated in Chapter VIII.



Proposals for Constitution of Hitech Fast Track Commercial Divisions in High Courts Back




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