Section 9 in The High Court of Chhattisgarh Rules, 2007
9. Registrar (Judicial).
- The following powers shall ordinarily be exercised by the Registrar (Judicial)/Additional Registrar (Judicial; :-(1)(i)To determine sufficiency of service of notice or other process;(ii)To dispose of applications for correction of Presentations as regards the description of parties as majors or minors;(iii)To dispose of applications to appoint or discharge a next friend or guardian ad-litem of a minor or a person of unsound mind, to amend the record accordingly and to direct the deposit and furnish accounts of funds for the conduct of the proceedings;(iv)To call for a further deposit under Order XLV Rule 10 of Code of Civil Procedure, when the deposit already made by the appellant in an appeal to the Supreme Court is not sufficient to defray the cost of preparing the record;(v)To order payment of the interest accruing to Government Promissory Notes deposited under Order XLV Rule 7 of Code of Civil Procedure, and to order the refund of any unexpected balance under Order XLV Rule 12 of Code of Civil Procedure or for any other enactment for the time being in force;(vi)To determine in which newspaper the publication referred to in Order XLV Rule 9-A of Code of Civil Procedure shall be made;(vii)To make reference to the Court for renewal of bank guarantees, FDRs, and other deposits/securities made under the orders of the Court, a month before the date of its/their expiration;(viii)To require presentations to be amended in accordance with the procedure of the Court;(ix)To require any person and party to file an affidavit with respect to any application or matter in respect of which the Registrar has power to exercise any discretion or to make any order;(x)To stop at his discretion issue of certified copy to any person who has failed to pay the process fee, or charges, or has failed to take any other steps, which the Court has ordered while granting interim relief or stay or any other order of similar nature, which substantially affects the rights of the opposite parties;(xi)To call for records and documents from Subordinate Courts and any other authority;(xii)To dispose of requisitions by Subordinate Courts for records and documents;(xiii)To dispose of applications for copies of pending records or parts thereof;(xiv)To dispose of application and grant leave to search/inspect the record of the Court under the Rules in that behalf:(xv)To dispose of application for delivery of interrogatories;(xvi)To dispose of application for substituted service, or for dispensing with service of notice of the appeal on any of the respondents;(xvii)To dispose of application for leave to take documents out of the custody of the Court;(xviii)To decide questions arising in connection with the payment of Court fee;(xix)To dispose of applications by third parties for return of documents;(xx)To dispose of applications for grant of copies of records to third parties;(xxi)To dispose of applications for the issue of a certificate regarding any excess Court fee paid under a mistake;(xxii)To dispose of applications for approval of a translator or interpreter;(xxiii)To dispose of applications for production of documents outside Court premises;(xxiv)To dispose of applications for exemption from filing of certified copies and judgements, decrees, certificates or orders granting certificates;(xxv)To reconstitute the record in case the record is not traceable;(xxvi)To pass orders in all matters in writ, civil and criminal cases pertaining to default as process fee, publication charges, paper book costs, missing of address in respect of service of notice, submission of service report on affidavit in case of Dasti service, non-compliance of Registrar's orders in respect of Office matters;(xxvii)To pass orders in default of identical copies, security amount and non-compliance of Court's orders;(xxviii)To pass orders on non-appearance of accused persons on bail;(xxix)To dispose of the application for condonation of delay up to seven days in filing of process fee :Provided that the Registrar may refer any matter under this rule to the Court for orders.(2)The Registrar (Judicial) may refuse to receive a Presentation or any oilier pleadings on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matters, but the petitioner may appeal, by way of motion, from such refusal to the Court.(3)Taxing Officer (nominated by the Chief Justice under Section 5 of the Court is Fees Act, 1870). - (i) Whenever the Taxing Officer finds that any document tiled in this Court is insufficiently stamped, he shall record his opinion with reasons therefor. The report shall be shown to the Counsel concerned who will note thereon whether he accepts, or disputes the accuracy thereof. If he raises a dispute, the faxing Officer shall decide the dispute and the party aggrieved with the decision may request him to place the matter before the Court.(ii)Whenever the 'faxing Officer finds that a document which ought to bear a stamp under the Court Fees Act has, by mistake or inadvertence, been received in a lower Court without being properly stamped, he shall prepare a reasoned report to that effect and in case the correctness of the report is disputed, same shall be laid before the appropriate Bench for orders.(iii)Whenever the Court fees payable on any document in respect of which the question of limitation arises is found deficit, the Taxing Officer shall pass an order either certifying the under stamping to be bonafide or may place the matter before the Bench. If the deficit fees are paid before the limitation expires, the document will be treated as properly stamped. If the deficit Court fees are not paid before the expiry of limitation the case will be placed before the Court. The hearing will not be less than 20 days after the date of Taxing Officer's order. If within that time the party files an application under Section 149 of the Code of Civil Procedure, the Court shall, in case when the Taxing Officer certifies the under stamping to be bonafide, ordinarily extend the time.(iv)Whenever a case is placed before the Court in accordance with the above clause, a statement in the following form shall be endorsed on the order sheet;(a)Court fees paid Rs................................(b)Court fees payable Rs............................................(c)Difference of Court fees of Rs.............................................(d)Time expired .........................................(e)The Taxing Officer ................................(i)certifies the deficiency as bonafide ................................(ii)certifies the deficiency as not bonafide ...........................(iii)was unable to arrive at a definite conclusion .....................(f)Application under Section 149 of Code of Civil Procedure filed within .................. days from Taxing Officer's certificate.(4)The Registrar (Judicial), may permit correction of clerical errors in the Presentations produced in any civil proceedings or in any other proceedings in the Court. Such correction shall be made in the case of affidavits by the declarant by filing a fresh affidavit and in other cases by the person making the Presentation or his Advocate.(5)Every correction in any Presentation shall be initiated by the party making the correction and by a Judge or the Registrar (Judicial).
