Tumbo Tumbo
JF-Expert Member
- Sep 10, 2018
- 1,278
- 1,553
What is new in Civil Procedure Code (Amendment of the First Schedule) Rules 2019?
1) Electronic filing of Plaint, WSD, service (Order IV (1), electronic assignment of matters to judges.
2) Summons to be issued by the judge within 14 days, (amendment of order V),
3) Substitute service to include by way of email (copied to presiding judge), email delivery status to be accepted as proof of service! (Amendment of order V).
4) New required and mandatory information in Plaint for both Plaintiff and defendant, Email address, fax number, telephone number, post code , (Order VII).
5) Major changes in Order VIII: Speed Track - consequences of lapse of /time to file WSD/extension of time to file WSD/time for mediation/consequence for failure to appear in mediation/conduct of mediators/who can mediate e.t.c ;
a. Extension of time to file WSD must be done within seven days after expiration of the given 21 days from the summons,
b. Application for extension of time may be done before expiration of 21 days and ruling must be delivered within 21 days. Extended time to file WSD capped at 10 days only computed from the date of order extending the time.
c. Failure to file WSD within 21 days or time extended, the matter shall proceed ex parte. However, in that case, the Decree will mature for execution only after expiration of 60 days. This is also the time within which the Defendant can file an application to set aside the ex parte judgment,
d. On second failure to file WSD after ex parte judgment is set aside, the earlier judgment shall automatically be revived. It is not appealable.
e. Order pertaining to preliminary matters (application for interim orders, PO etc) to be determined after 14 days of completion of pleadings, ruling must be completed in further 14 days.
f. Failure to appear when the matter is called for PTC:- dismissal of suit, if it was the fault of Plaintiff, striking out the defense or counter claim if the defaulting part is the defendant, enter judgment or make other orders as it think fit. This is discretional as the word used is ‘May’. The order made herein must be challenged within 14 days.
g. Speed tracks of cases are commenced to run from the date mediation/reconciliation or any other alternative is concluded. In other words, mediation shall not be within a particular speed track.
h. Mediation can be conducted by a judge, or magistrate (active or retired), Registrar or deputy Registrar, a person with qualification in mediation (presumably from CMA), a person chosen by the parties. If the choice is by the parties, they will bear the costs.
i. Guidance for mediators added; impartiality, fairness, e.t.c
j. If you require approval during mediation, the continued contact with the person giving such approval is mandatory.
k. Failure to appear in mediation: dismissal if plaintiff, striking out of defense if defendant. *Application to lift the dismissal order to be made within 7 days.*
l. Duration for mediation capped at 30 days. It could be concluded before, if agreement is reached,
m. *Consequences of lapse of a speed track:*; where the delay was caused by the Plaintiff, dismiss the suit and if by the defendant, strike out the defense or counter claim, proceed ex pare is plaintiff was yet to close his case and lastly, determine the matters if the plaintiff has closed his case. The language is couched in mandatory terms by use of ‘shall’. This means, once proven, this are unavoidable consequences.
n. If court extends the time, the extended time shall not exceed half of the current time assigned for the matter.
6) Amendment of order XVII: adjournment by advocates conditioned to appearance in superior court. Adjournment by court clipped to 30 days. Reasons to be recorded.
Questions:
1) The fact is, the matter can be dismissed on mediation stage. There are new players in Mediation as noted above, retired judges/magistrates, magistrates, other people qualified in mediation and also mediator appointed by parties. Does this mean, a magistrate or mediator mediating in high court can now dismiss suit in high court?
2) Prove of service in substitute service by email, delivery report being used as proof of service, do we really have delivery reports in emails? Or does this mean ‘read receipts’, what happen if you forego to enable “read receipts” when sending an email? Thoughts?
Quick note: strictness ordinarily associated with commercial courts is fast approaching in our ordinary courts. Advocates laxity and non chalancy is buried legislatively and for good.
1) Electronic filing of Plaint, WSD, service (Order IV (1), electronic assignment of matters to judges.
2) Summons to be issued by the judge within 14 days, (amendment of order V),
3) Substitute service to include by way of email (copied to presiding judge), email delivery status to be accepted as proof of service! (Amendment of order V).
4) New required and mandatory information in Plaint for both Plaintiff and defendant, Email address, fax number, telephone number, post code , (Order VII).
5) Major changes in Order VIII: Speed Track - consequences of lapse of /time to file WSD/extension of time to file WSD/time for mediation/consequence for failure to appear in mediation/conduct of mediators/who can mediate e.t.c ;
a. Extension of time to file WSD must be done within seven days after expiration of the given 21 days from the summons,
b. Application for extension of time may be done before expiration of 21 days and ruling must be delivered within 21 days. Extended time to file WSD capped at 10 days only computed from the date of order extending the time.
c. Failure to file WSD within 21 days or time extended, the matter shall proceed ex parte. However, in that case, the Decree will mature for execution only after expiration of 60 days. This is also the time within which the Defendant can file an application to set aside the ex parte judgment,
d. On second failure to file WSD after ex parte judgment is set aside, the earlier judgment shall automatically be revived. It is not appealable.
e. Order pertaining to preliminary matters (application for interim orders, PO etc) to be determined after 14 days of completion of pleadings, ruling must be completed in further 14 days.
f. Failure to appear when the matter is called for PTC:- dismissal of suit, if it was the fault of Plaintiff, striking out the defense or counter claim if the defaulting part is the defendant, enter judgment or make other orders as it think fit. This is discretional as the word used is ‘May’. The order made herein must be challenged within 14 days.
g. Speed tracks of cases are commenced to run from the date mediation/reconciliation or any other alternative is concluded. In other words, mediation shall not be within a particular speed track.
h. Mediation can be conducted by a judge, or magistrate (active or retired), Registrar or deputy Registrar, a person with qualification in mediation (presumably from CMA), a person chosen by the parties. If the choice is by the parties, they will bear the costs.
i. Guidance for mediators added; impartiality, fairness, e.t.c
j. If you require approval during mediation, the continued contact with the person giving such approval is mandatory.
k. Failure to appear in mediation: dismissal if plaintiff, striking out of defense if defendant. *Application to lift the dismissal order to be made within 7 days.*
l. Duration for mediation capped at 30 days. It could be concluded before, if agreement is reached,
m. *Consequences of lapse of a speed track:*; where the delay was caused by the Plaintiff, dismiss the suit and if by the defendant, strike out the defense or counter claim, proceed ex pare is plaintiff was yet to close his case and lastly, determine the matters if the plaintiff has closed his case. The language is couched in mandatory terms by use of ‘shall’. This means, once proven, this are unavoidable consequences.
n. If court extends the time, the extended time shall not exceed half of the current time assigned for the matter.
6) Amendment of order XVII: adjournment by advocates conditioned to appearance in superior court. Adjournment by court clipped to 30 days. Reasons to be recorded.
Questions:
1) The fact is, the matter can be dismissed on mediation stage. There are new players in Mediation as noted above, retired judges/magistrates, magistrates, other people qualified in mediation and also mediator appointed by parties. Does this mean, a magistrate or mediator mediating in high court can now dismiss suit in high court?
2) Prove of service in substitute service by email, delivery report being used as proof of service, do we really have delivery reports in emails? Or does this mean ‘read receipts’, what happen if you forego to enable “read receipts” when sending an email? Thoughts?
Quick note: strictness ordinarily associated with commercial courts is fast approaching in our ordinary courts. Advocates laxity and non chalancy is buried legislatively and for good.
