Powers of Civil Court

The Kerala Lok Ayukta
(Powers of Civil Court ) Rules, 1999

( G.O. (P) No. 20/99 (Vig) dated 17-2-1999 published in K.G. Exty No. 341 dated 19-2-1999.)

S.R.O. No. 153/99 :- In exercise of the powers conferred by section 22 the Kerala Lok Ayukta Ordinance, 1998 (16 of 1998), the Government of Kerala hereby make the following rules to prescribe the powers of the Lok Ayukta namely :-

1. Short title and Commencement :- (1) These rules may be called the Kerala Lok Ayukta (Powers of Civil Court) Rules, 1999

(2) They shall come into force at once.

2. Definition :- In these rules, "Ordinance" means the Kerala Lok Ayukta Ordinance, 1998 (Ordinance 16 of 1998).

3. Powers of the Lok Ayukta or Upa Lok Ayukta under the Code of Civil Procedure, 1908
(Central Act 5 of 1908)

(1) Apart from the powers conferred on the Lok Ayukta and Upa Lok Ayukta under section 10 & 11 of the Ordinance the Lok Ayukta or an Upa Lok Ayukta or any officer authorised in this behalf by the Lok Ayukta shall have the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely :-

(a) to grant injunction;

(b) to issue commission for local inspection;

(c) to make, during the pendency of any complaint, any interlocutory order, as may appear to the Lok Ayukta to be just and equitable to meet the ends or justice;

(d) to allow alteration of the complaints or application;

(e) to imp lead as parties, the legal representatives of a deceased party in any complaint pending before it, subject to the provisions of Order XXII of the Code of Civil Procedure, 1908, in so far as they are
applicable;

(f) to review its decisions or orders, on interlocutory applications;

(g) to dismiss a complaint for default or to decide it exparte;

(h) to set aside an order of dismissal of a complaint for default or any order passed exparte;

(2) The period of limitation for an application to implead the legal representatives of a party, shall be ninety days from the date of death of the party to the complaint.

(3) The period of limitation for applications under clause (f) and (h) of sub-rule (1) shall be thirty days from the date of the decision or order, as the case may be.

(4) The provisions of section 5 of the Limitation Act, 1963 (Central Act 36 of 1963), shall be applicable to applications mentioned in clauses (e), (f) and (h) of sub-rule (1)

4. Powers of the Lok Ayukta or Upa Lok Ayukta to correct errors:- (1) The Lok Ayukta or Upa Lok Ayukta may at any time correct any clerical or arithmatical error in a report, declaration, decision or order arising from any accidental slip or omission, either suo-motu or on application.

(2) Subject of the provisions of section 153 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the Lok Ayukta or an Upa Lok Ayukta may at any time and on such terms as to costs or otherwise, as it may think fit, amend any defect or error in any proceeding in a complaint or application.

(3) The Lok Ayukta or an Upa Lok Ayukta may, at any stage of the proceedings in a complaint either suo-motu or on application, delete the name of any party, improperly joined or, add as party any person who ought to have been joined or whose presence before the Lok Ayukta or an Upa Lok Ayukta is felt necessary, in order to enable the Lok Ayukta or Upa Lok Ayukta, as the case may be, in any complaint and the provisions of rule 10 of order I of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) shall, as far as may be, apply to such deletion or addition of parties.