Notes on Code of Civil Procedure (Karnataka High Court Amendment) Rules, 2024.

S.Basavaraj, Senior Advocate, Bengaluru 

The rules are framed by the High Court of Karnataka under Article 227 of the Constitution of India read with Sections 122, 126, and 129 of CPC, 1908 with prior approval of the State Government.

Major Amendments

1. Order I, Rule 8(3) allows notices in representative suits to be served not only through personal service but also via modes permitted by the High Court rules and by public advertisement. This is extended to miscellaneous proceedings under Section 141 CPC, Revision petitions under Section 115 CPC and the Petitions under Article 227 of the Constitution.

2. Rule 5(1) & (2): Legal notices can now be sent via email, SMS, instant messaging apps, or social media.

3. Order V (Issue & Service of Summons)
Rule 2: Summons must include copy of plaint, affidavits, interlocutory applications.
Rule 9 & 9(3): Summons can now be served via:
Courier, fax, SMS, instant messaging, and social media.
Rule 9(5): Courts can assume postal delivery as prima facie proof of service.
Rule 16: Serving officers must collect mobile number & email ID of the recipient.
Rule 21: Service within Karnataka to be done via High Court-approved courier or electronic means.
Rule 25: Introduces electronic service of summons for defendants outside Karnataka & India.

4. Order VI (Pleadings)
Rule 14: Pleadings must now contain contact details:
Email, mobile, social media, PAN, electoral ID.
Rule 14-A: Any changes in registered contact details must be updated with the Court.

5. Order VII (Plaint).
Rule 1: Plaintiff & defendant details must include email, phone, and social media contacts.
Rule 9: Plaint copies must be provided in PDF format if required.

6. Order VIII (Written Statement)
Rule 1-A(5): Defendants must list all documents relied upon.
Rule 1-A(6): Defendants must provide PDF copies of documents.

7. Order IX (Appearance & Consequences of Non-Appearance)
Rule 2: Dismissal of suit if plaintiff fails to furnish copies/summons fee.
Rule 5: If summons is unserved, plaintiffs now have 30 days (earlier 7 days) to apply for reissuance.

8. Order XIV (Settlement of Issues)
Rule 4: Court may summon witnesses & documents using the same methods as Order V.

9. Order XVI (Summoning & Attendance of Witnesses)
Rule 8: Witnesses can be summoned using email, SMS, instant messaging.

10. Order XX-A (Costs & Expenses)
Rule 1: Scanning of pleadings now included in recoverable litigation expenses.

11. Order XXVII (Suits by or Against the Government)
Rule 4: Government Pleaders can accept service of notices via email.

12. Order XXX (Suits by or Against Firms)
Rule 1: Plaintiffs suing as partners of a firm must submit registration details.

13. Order XXXVII (Summary Suits)
Rule 2 & Rule 3: Electronic methods under Order V applicable for summons & notices.

Key Takeaways
1. Digital & electronic means (Email, SMS, Social Media) widely adopted for notices, summons, & pleadings.
2. Online filing of documents now encouraged (PDF format).
3. Time limits extended for some procedural steps (ex. Rule 5 of Order IX – 30 days instead of 7).
4. Defendants & plaintiffs must provide complete contact details including email, mobile number, and social media.