LHC RULES VOLUME-II (Civil Court instructions and jurisdiction)

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Today, I have elaborated on Lahore High Court Rules (volume-II). The Lahore High Court Rules are very important to learn for civil practices. The LHC rule has made for Civil Courts how they smoothly perform their functioning. The volume-II has been divided into 7 chapters; however, two chapters have been omitted by High Court. Volume-II is beginning with the second chapter which has been defined the classification of Family cases. Henceforth, the family cases may proceed in Civil Courts as per circumstances and rules observed from Guardian Wart Act. Section 5,9,17 and 25 of the Guardian and Wart Act deals with custody of minors. Normally, there is no court fee required on family cases, nevertheless, rs.15 or twenty-five rupees is charged while plaint represents before the Court.

Chapter 3 is dealing with the insolvency act-1920. However, the detailed procedure has mentioned in chapter 4 to proceed with cases of insolvency Act. The creditors and debtors are filing specific form or specimen which is available in LHC rules for further proceedings. The role of the insolvency judge is very important in this regard. This chapter is most difficult; however, those who have read Insolvency Act-1920 may handle it easily. The Insolvency Judge is specifically nominated for hearing of cases in a district. Those who have been insolvent and do not appear in courts would proclaim in newspapers to bring the accused in a court to start further proceedings. The Insolvent Judge can also attach the defaulter’s property as per the code of civil procedure. The procedure of Insolvency is slightly different for Government Servants. The Insolvency Judge is directly sent notice to the Head of the department where he has been working. The head of the department has ceased his salary or in-active any increment/allowance as per the case of the debtor. The prerequisite amount has been deposited in a government account which is available in LHC rules in Volume-II.
Chapter 5 deals official Receiver, how he has been appointed, functioning, and terminated by Courts. The District Judge has sole authority to appoint any advocate as official Receiver for the assistance of courts in insolvency matters. The Official Receiver has duty bound to adhere instructions of civil Court which is giving him time to time and deposited security amount i.e Thirty Thousand etc. The Official Receiver has duty-bound to make a report of daily out-put. The detail of the property or attachment of any property should endorse in his account register. The different forms are available in LHC Rules in Volume-ii to elaborate the column of defaulters and recoveries. The procedure of receipt and report to court for further takes instructions. The Official Receiver is bound to maintain cash books, account register, or take this work to his clerk to do so. Accordingly, to the LHC rules court, civil judges have the right to inspect officials' records and order them to bring relevant files.

Official Receiver is competent to record and statement of property which is assigned to him. The daily progress for sale of property or attachment of moveable property should endorse in his register. Official Receivers cannot take money from those cases that have appeared as official receivers. The Court has a right to terminate an official receiver on inefficiency incompetency. Henceforth, the official receiver is a very tough job and the court has provided enough staff to carry out his business. The salary of staff of official receivers has been provided by courts or as per instruction of Lahore high courts. Despite all this, the Official Receiver is an advocate of being well conversant with knowledge of laws.