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State of Madhya Pradesh - Section

Section 593 in M.P. Civil Court Rules, 1961

593.

Packets or covers containing records should invariably be sent by registered post. Expenditure on postage should be kept as low as possible. Letters or memoranda addressed to different officers individually should be sent in separate covers whether or not the offices sit in the same building. In the case of outstations having one or more Courts, everything connected with the Court office should be despatched in one envelope and this may include summonses issued from a common Nazarat, though of different Courts. A parcel must not contain more than one written communication of the nature of a letter or memoranda; it should contain only one relating to the parcel alone.Rules for Petition WritersGeneral
(1)In these Rules-"Petition" means a document written for being presented to a Civil Court and includes a plaints, written statement and memorandum of appeal."To practise as petition writer" means to write petitions as defined above for hire and includes the writing of a single petition for hire. A petition-writer is said to practise in a Court when he writes petitions for the purpose of being presented to that Court.
(2)No person shall practise as petition-writer unless he has been duly licensed under these Rules :Provided-
(a)that any person licensed under any rule either to enforce shall be deemed to have been licensed under these rules;
(b)that no such licence is necessary in respect of a petition meant to be presented to a Court in which a legal practitioner is entitled to practise if the petition is written by him or by his clerk and is signed by the legal practitioner.
(3)No petition shall be rejected merely on the ground that it has been written by a person who is not a licensed petition-writer. Every petition shall show clearly the name and designation of the person by whom it has been scribed and the Court may refuse to accept a petition which does not comply with this direction.Licensing of Petition-Writers
(4)The number of licences to be granted under these Rules shall be in accordance with the scale fixed by the District Judge for his district. The scale may be altered when necessary, but licences should not be granted indiscriminately without reference to the fixed scale.
(5)Any person above the age of 20 years may apply to the District Judge of the district in which he desires to practise for being licensed as a petition-writer.
(6)
(i)The application shall be written by the application qirh hia own hand and shall state-
(a)the applicant's name, father's name, date of birth according to the English Calendar, residence, educational qualifications and present occupation (if any);
(b)the language or languages with which the applicant is acquainted;
(c)the names of two respectable persons to whom reference may be the applicant's character.
(ii)If the applicant has been convicted of any criminal offence or removed from Government service, the fact shall be stated in the application.
(iii)If the applicant is in the service of Government or of a legal practitioner, his application shall state that he is prepared to resign such service on being licensed as a petition-writer.
(7)The District Judge to whom the application is made may, in his discretion, on being satisfied-
(a)that the applicant is over 20 years of age;
(b)that he is of good character; and
(c)that he is otherwise eligible;
grant the applicant a licence in the prescribed form. No person shall be licensed as a petition-writer whilst he is in the service of Government or of a legal practitioner.
(8)Every appointment will be probationary in the first instance and no probationer will be confirmed unless he satisfies the District Judge-
(a)that he is able to draw up in a legible hand a clear and concise application, plaint, written statement or memorandum of appeal in the language of the Court in which he practises;
(b)that he is acquainted with the provisions of the Civil Procedure Code, the Court Fees Act, the Stamp Act and the Limitation Act, so far as Knowledge of these Acts is necessary for the efficient performance of the duties of a petition-writer.
(9)A register of licensed petition-writer should be maintained in the prescribed form in the office of every District Judge. A page or pages of the register will be set apart for each petition-writer.Conduct of Petition-Writers
(10)Every licensed petition-writer shall maintain a register in the prescribed form and shall enter therein every petition written by him, and shall produce the register for the inspection of any judicial officer when required to do so.
(11)Every licensed petition-writer shall, at his own expense, provide himself with an official seal of the following pattern.Seal
(12)Every licensed petition-writer in writing petitions, shall confine himself to expressing in plain and simple language such as the petitioner can understand, and in a concise and proper form, the statements and objects of the petitioner, and shall not introduce any argument or quotation from a law report or other law book, or refer to any decision not brought to his notice by the petitioner.
(13)Every licensed petition-writer shall affix his seal (with his name and license number filled in) on every petition written by him and shall enter on such petition the number which it bears in his register and the fee which has been charged for writing it.
(14)Every licensed petition-writer shall re-write, at his own cost, any petition written by himself, when required to do so by the order of a competent authority.
(15)
(i)A licensed petition-writer shall charge such fees only as may be prescribed by the District Judge not exceeding the scale hereto annexed. He shall note in the petition and also in the appropriate columns of his register the amount actually received by him.
(ii)A licensed petition-writer shall not take payment for his service by an interest in the result of any litigation in connection with which he is employed and shall not find out contribute towards the funds employed in carrying on any litigation in which he is not otherwise personally interested.
(iii)Every licensed petition-writer shall give to his employer a receipt for the amount received by him specifying exactly what the money was received for, for example, writing fees or costs, and if for costs, for what costs, e.g., plaint, process-fee, etc. The details shall be set out separately either in the receipt itself or on a separate piece of paper attached to it.
(16)A licensed petition-writer shall not accept any mukhtar nama, whether general or special, for the conduct of any case in a Civil Court other than a case in which he is himself a party.
(17)Every licensed petition-writer-
(a)who resigns or is removed from his appointment.
(b)who enters the service of Government or of a legal practitioner, or
(c)who is suspended or dismissed under these rules, shall forthwith surrender his licence to the District Judge.
Procedure in Dealing With Breach of Rules
(18)Any judicial officer who, on the representation of any person employing a petition-writer, and after hearing such petition-writer (if he desires to be so heard) finds that the fee charged for writing a petition presented in his Court was excessive may, by order in writing, reduce the same to such sum as appears to be, under the circumstances, reasonable and proper, and may require the petition-writer to refund the amount received in excess of such sum. An order passed under this rule shall not be revised except by the officer who made it.
(19)Any judicial officer may order a licensed petition-writer to re-write any petition written by him which contravenes Rule 12 or is illegible, obscure or prolix or contains any irrelevant matter or misquotation, or is, from any other cause, in the opinion of such officer, informal or otherwise objectionable. An order passed under this rule shall not be revised except by the officer who made it.
(20)Any person who breaks Rule 2 shall be liable to a penalty not exceeding fifty rupees.
(21)any licensed petition-writer who breaks any of the Rules 10, 11, 13, 15, 16 and 17 shall be liable to a penalty not exceeding fifty rupees.
(22)Breaches of rules specified in Rules 20 and 21 shall be cognizable by the District judge and no penalty shall be inflicted in respect of such breaches unless the person charged has had an opportunity of defending himself.
(23)Any probationer who fails to satisfy the District Judge on the points mentioned in Rule 8, within one year from his being appointed a probationer, is liable to be removed from his appointment by order of the District Judge.
(24)Any licensed petition-writer who-
(1)habitually writes petitions contrary to Rule 12 or containing irrelevant matter or which are unnecessary or informal or otherwise objectionable; or
(2)in the course of his business as petition-writer uses disrespectful, insulting or abusive language; or
(3)is found to be incapable of efficiently discharging the functions of a petition-writer; or
(4)habitually remains absent during court-hours or is absent from his headquarters for a considerable period without sufficient cause; or
(5)by reason of any fraudulent or improper conduct is found to be unfit to practise as such; or
(6)is convicted of a criminal offence;may be suspended or dismissed by order of the District Judge.
(25)No appeal shall lie from any order passed under any of the above rules.
(26)The High Court will exercise general powers of superintendence and control with regard to orders passed under Rule 20, 21, 23 or 24 in the same manner as with regard to other administrative orders of the District Judge.Maximum scale of fee
Name of documents Scale of fees
For every plaint or memorandum of appeal in which the valueof the claim does not exceed-
  Rs.
Rs. 50 0.50
Rs. 100 1.00
Rs. 200 1.50
Rs. 300 2.00
Rs. 500 3.00
Rs. 1,000 4.00
Rs. 5,000 5.00
above Rs. 5,000 8.00
Where no value is fixed 1.50
For every application, petition, notice, statements,affidavit or other document not exceeding 90 words in length 0.25
For every additional folio of 90 words or part thereof: 0.25
Provided that if in any case the fee chargeable on a plaint or memorandum of appeal according to the above scale is lower than the fee chargeable on it as a petition, it will be chargeable as a petition.'Plant' includes registered address, any list of documents required by Order VII, Rule 14, Civil Procedure Code, any affidavit as to the correctness of any copy of any account and any similar document filed along with the plaint.'Application' includes any inventory or list of property or similar document filed with it and also registered address.