Registry of application granted, and order for re hearing. an order to have the rejected application restored to the file; and, if it be proved to the satisfaction of the Court that he was prevented by any sufficient cause from appearing when such application was called on for hearing, the Court may order it to be restored to the file, upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same. No order shall be made under this section unless the applicant has served the opposite party with notice in writing of the latter application. No application to review an order passed on review or on an application for a review shall be entertained. 630. When an application for a review is granted, a note thereof shall be made in the register, and the Court may at once re-hear the case or make such order in regard to the rehearing as it thinks fit1. 1 The Court has discretionary power either to re-hear the whole case or any particular point that it thinks fit, 9 Cal, 210, following 11 Moo. I. A. 499 ; and see 10 Bom. H. C. 360. As to reviews for clerical errors, see 6 Cal. 22. PART IX. CHAPTER XLVIII. SPECIAL RULES RELATING TO THE CHARTERED HIGH COURTS. to char 631. This chapter applies only to High Courts which are Chapter to or may hereafter be established under the twenty-fourth and apply only twenty-fifth of Victoria, chapter 104 (An Act for establishing tered High High Courts of Judicature in India)1. Courts. 632. Except as provided in this chapter the provisions Applicaof this Code apply to such High Courts. tion of Code. judgments. 633. The High Court shall take evidence, and record Recording judgments and orders in such manner as it by rule from time to time directs 2. of decree 634. Whenever a High Court considers it necessary that a Execution decree made in the exercise of its ordinary original civil juris- before costs diction should be enforced before the amount of the costs ascerincurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs; tained. for costs and, as to so much thereof as relates to the costs, that the Execution decree may be executed as soon as the amount of the costs subseshall be ascertained by taxation. quently. Court. 635. Nothing in this Code shall be deemed to authorise Unauthorised perany person on behalf of another to address the Court in the sons not to exercise of its ordinary original civil jurisdiction, or to examine address witnesses3, except when the Court shall have in the exercise of the power conferred by its charter authorised him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakíls and attorneys. 636. Notices to produce documents, summonses to wit- Who may nesses, and every other judicial process, issued in the exercise serve pro 1 These Courts are at present established only at Calcutta, Madras, Bombay, and Allahabad. 2 19 All. 93. As to female paupers, see sec. 404, supra. 3 9 All. 613, 617. cess of Ꮓ Ꮓ 2 High Non-judicial acts may be done by of the ordinary or extraordinary original civil jurisdiction of the High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to defendants issued under section 64, writs of execution, and notices under section 553, may be served by the attorneys in the suit, or by persons employed by them, or by such other persons as the High Court by any rule or order, from time to time, directs. 637. Any non-judicial or quasi-judicial act which this Code requires to be done by a Judge, and any act which may be done by a Commissioner appointed to examine and adjust Registrar. accounts under section 394, may be done by the Registrar of the Court or by such other officer of the Court as the Court may direct to do such act. Sections ing to High Court in original The High Court may, from time to time, by rule declare what shall be deemed to be non-judicial and quasi-judicial acts within the meaning of this section. 638. The following portions of this Code shall not apply not apply to the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely, sections 16, 17 and 19, sections 54, clauses (a) and (b), 57, 119, 160, 182 to civil juris- 185 (both inclusive), 187, 189, 190, 191, 192 (so far as relates to the manner of taking evidence), 198 to 206 (both inclusive), and so much of section 409 as relates to the making of a memorandum; diction. Insolvent jurisdiction. Power to frame forms. and section 579 shall not apply to the High Court in the exercise of its appellate jurisdiction. Nothing in this Code shall extend or apply to any Judge of a High Court in the exercise of jurisdiction as an Insolvent Court. 639. The High Court may, from time to time, frame forms for any proceeding in such Court, and may make rules as to the books, entries and accounts to be kept by its officers. PART X. CHAPTER XLIX. MISCELLANEOUS. of certain 640. Women, who according to the customs and manners Exemption of the country ought not to be compelled to appear in public, women shall be exempt from personal appearance in Court1. But nothing herein contained shall be deemed to exempt pearance. such women from arrest in execution of civil process 1. from personal ap exempt 641. The Local Government may, by notification in the Power to official Gazette, exempt from personal appearance in Court from any person whose rank, in the opinion of such Government, personal entitles him to the privilege of exemption, and may, by like notification, withdraw such privilege 2. appear ance. persons The names and residences of the persons so exempted shall, Lists of from time to time, be forwarded to the High Court by the exempted. Local Government, and a list of such persons shall be kept in such Court, and a list of such persons as reside within the local limits of the jurisdiction of each Court subordinate to the High Court shall be kept in such subordinate Court. commis When any person so exempted claims the privilege of such Costs of exemption, and it is consequently necessary to examine him sion. by commission, he shall pay the costs of that commission, unless the party requiring his evidence pays such costs 3. exempt 642. No Judge, Magistrate or other judicial officer shall be Persons liable to arrest under civil process while going to, presiding in, from arrest or returning from, his Court. And, except as provided in sections 256 and 643, where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtárs, revenue-agents and 1 9 Mad. 100. As to the women' to which this section applies, see 24 Suth. Civ. R. 375 (unmarried Hindú girl of 12), and 8 ibid. 282. 2 Marshall, 627. 3 When the person exempted is a pauper, see sec. 404, supra. under civil process. Procedure in case of certain offences. Use of forms in fourth recognised agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process while going to or attending such tribunal for the purpose of such matter 1, and while returning from such tribunal2. 3 643. When in a case pending before any Court, there appears to the Court sufficient ground for sending for investigation to the Magistrate a charge of any such offence as is described in section 193, section 196, section 199, section 200, section 205, section 206, section 207, section 208, section 209, section 210, section 463, section 471, section 474, section 475, section 476 or section 477 of the Indian Penal Code, which may be made in the course of any other suit or proceeding, or with respect to any document offered in evidence in the case, the Court may cause the person accused to be detained till the rising of the Court, and may then send him in custody to the Magistrate, or take sufficient bail for his appearance before the Magistrate. The Court shall send to the Magistrate the evidence and documents relevant to the charge, and may bind over any person to appear and give evidence before such Magistrate. The Magistrate shall receive such charge and proceed with it according to law. 644. Subject to the power conferred on the High Court by section 639 and by the twenty-fourth and twenty-fifth of schedule. Victoria, chapter 104, section 15, the forms set forth in the fourth schedule hereto annexed, with such variation as the circumstances of each case require, shall be used for the respective purposes therein mentioned. Language dinate 645. The language which, when this Code comes into of subor force, is the language of any Court subordinate to a High Court, shall continue to be the language of such subordinate Court until the Local Government otherwise orders; Courts. but it shall be lawful for the Local Government, from time |