Introduction
The Delhi High Court (Original Side) Rules, 2018
("Original Side Rules") were notified on
5th January, 2018, superseding and replacing the Delhi
High Court (Original Side) Rules, 1967, specifically with the
intent to cater to the change in laws and in particular the
Commercial Courts Act, 2015. These Rules, as a special law, contain
various procedural mandates which are unique and not found, for
instance, in the Code of Civil Procedure, 1908
("CPC"). By way of an example, the right
to file a Replication to a Written Statement is unique to these
Rules alone and do not find place in the CPC.
A question that has recently found some traction and
contestation, particularly before the Delhi District Courts, is
whether these Original Side Rules also extend to and govern the
procedure before the Delhi District Courts or do the Delhi District
Courts continue to be bound by the CPC and in cases of commercial
suits by the Commercial Courts Act, 2015, alone.
