Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com DELHI HIGH COURT (ORIGINAL SIDE) RULES, 1967 CONTENTS CHAPTER 1 :- General 1.1. Short title 1.2. Commencement 1.3. Application 1.4. Definitions 1.5. Steps to be taken in the Registry 1.6. Period how calculated 1.7. Forms to be used 1.8. How decree, order, writ etc. to run 1.9. Official Seal 1.10. Custody of the Records 1.11. Hours of sittings 1.12. Office hours 1.13. Process and copying fee 1.14. Courts power to dispense with compliance with the Rules 1.15. Application for the above purpose 1.16. Courts power to enlarge or abridge time 1.17. . 1.18. Inherent power of the court not affected 1.19. Miscellaneous CHAPTER 2 :- Exercise of Original Civil Jurisdiction 2.1. Jurisdiction to be exercised by a Judge/Single 2.2. . 2.3. Power of the Registrar including the powers to impose cost 2.4. Appeal against the Registrars orders 2.5. Adjournments 2.6. Delegation of the Registrars Powers 2.7. Disposal of matters by Judge in Chambers CHAPTER 3 :- Form of Pleadings 3.1. Proceedings how written 3.2. Endorsements and verification 3.3. Particulars to be stated in address for service 3.4. Initialling alteration etc 3.5. . CHAPTER 4 :- Presentation of plaint and other documents 4.1. Presentation at the counter 4.2. Endorsement and Scrutiny of documents 4.3. Service on the opposite party 4.4. Registration of proceedings admitted 4.5. Ex-parte amendments 4.6. Attestation of amendments 4.6A. . 4.7. Registers to be maintained 4.8. Arrangement of record in pending matters 4.9. Contents of main file 4.10. Miscellaneous applications File 4.11. Process file 4.12. Execution file 4.13. Distribution to proper flies 4.14. One file in miscellaneous applications 4.15. Diaries 4.16. Order sheet 4.17. Removal of record from Court House CHAPTER 5 :- Vakalatnama 5.1. Execution and filing of Vakalatnama 5.2. Certificate of fees 5.3. Endorsement on vakalatnama 5.4. Notice of determination of authority of Advocate 5.5. Notice of discharge to a client CHAPTER 6 :- Appearance by Defendant, Written Statement, Set off and Counter Claim 6.1. I n default of appearance by defendant suit to be posted on short cause day 6.2. Procedure when defendant appears 6.3. Extension of time for filing written statement 6.4. Extension of time for filing written statement 6.5. Service of copies of written statement and list of documents on the other side 6.6. Orders as to claims for set-off 6.7. Counter-claim by defendant 6.8. Counter-claim to be specifically pleaded 6.9. Reply to counter-claim 6.10. Orders on Counter-claim 6.11. Proceeding with the counter-Claim where suit is stayed etc 6.12. O. XX rule 19 to apply to decree in such suits CHAPTER 7 :- Directions 7.1. Setting down for directions 7.2. Issuing of directions 7.3. Appeal from Registrar to a Judge 7.4. Date for settlement of Issues by Court CHAPTER 8 :- Admissions, Denials, Framing of Issues and Examination of Parties 8.1. . 8.1A. Proceeding at the First hearing 8.2. Judgment at the first hearing 8.3. Examination of parties etc. at the first hearing 8.4. . 8.5. Disposal of the matter at the first hearing CHAPTER 9 :- Interlocutory Applications 9.1. Form 9.2. Contents of applications 9.3. Counter-affidavits etc CHAPTER 10 :- Commissions Commission to Examine Witnesses 10.1. . 10.2. . 10.3. Final hearing may be fixed after return of commission 10.4. Preparation etc. of commission 10.5. Commission within local limits 10.6. Examination de bene esse 10.7. Return of Commission 10.8. Deposition to be read over to and signed by the witness 10.9. Commissioner for taking accounts etc 10.10. Registrar to send necessary proceedings to Commissioner 10.11. Commission for taking accounts how executed 10.12. Deposit of Commission fees 10.13. Notice of filing of report; Filing objections thereto 10.14. . CHAPTER 10A :- Evidence on Commission at Courts Discretion CHAPTER 11 :- Witnesses 11.1. Summons to witnesses 11.2. Re-attendance of witnesses on adjourned hearing 11.3. Production of public document 11.4. Return of original public record after its production in evidence 11.5. Power of Court to summon public records suo motu CHAPTER 12 :- Adjournments 12.1. Adjournments to be to a day certain 12.2. Adjournment granted only on good cause CHAPTER 13 :- Proceedings at the hearing of suits and upto and inclusive of Decrees 13.1. Evidence, how taken 13.2. Any particular question and answer may be taken down 13.3. Numbering of witnesses and documents 13.4. Witnesses not to be present in Court during hearing of the suit 13.5. Exhibits other than in English to be translated 13.6. No compromise without leave of Court in pauper suits 13.7. . 13.8. Payment of costs a condition precedent for bringing a fresh suit 13.9. Settling of draft of decree 13.10. . 13.11. Copies of decrees to collector in case of pauper costs 13.12. Errors how rectified after decree sealed CHAPTER 14 :- Suits by or against minors and persons of unsound mind 14. 1. Admission of next friend to bring a suit formal order unnecessary 14.2. Next friend to file address for service 14.3. List of all likely guardians ad litem to be filed 14.4. Address for service of guardian ad litem 14.5. Application of rules 1 to 4 to persons of unsound mind and to appeals and application CHAPTER 15 :- Summary Suits CHAPTER 16 :- Commercial Suits 16.1. Commercial cases defined 16.2. Plaint in such cases to be marked "Commercial" Suits CHAPTER 17 :- Dates and Cause Lists 17.1. Cause Lists 17.2. Day for short causes 17.3. What are short causes 17.4. Fixing of dates for Final disposal CHAPTER 18 :- Affidavits 18.1. Proof of facts by affidavits 18.2. Evidence by affidavits 18.3. Title 18.4. Form 18.5. Contents of affidavits 18.6. Interpretation of affidavits 18.7. Before whom affidavits are to be sworn 18.8. Pardanashin women 18.9. Marking, dating and initialling on exhibits CHAPTER 19 :- Receivers 19.1. Application for appointment of Receiver to be by petition supported by affidavit 19.2. Register of Receivers 19.3. Receiver other than official receiver to give security 19.4. Surety may point out omission or neglect of duty cast on receiver 19.5. Receiver to submit report 19.6. Directions for investment of monies in the hands of the receiver 19.7. Notice to surety of application affecting suretys risk 19.8. Powers of a Receiver 19.9. Receivers remuneration 19.10. Establishment and costs therefor to be detailed in the appointment order 19.11. No charge for additional establishment allowed 19.12. Receiver to file half yearly accounts 19.13. Examining and vouching of accounts by Registrar 19.14. Appointment of date for passing accounts. Notice thereof 19.15. Objections to report to be filed 19.16. Passing of accounts by Court 19.17. Procedure of hearing of objections 19.18. Auditing of difficult and complicated accounts 19.19. Order as to payment of balance 19.20. Consequence of Receivers negligence to file accounts or pay the balance etc 19.21. Consequence of default by receiver 19.22. Rule 8 applicable to manager or guardian 19.23. Interim receiver CHAPTER 20 :- Security Procedure 20.1. Security Summons 20.2. Affidavit to Justification 20.3. Time for inquiry 20.4. Production of title deeds etc. and examination 20.5. Property in respect of which surety may justify 20.6. More than two sureties irregular 20.7. Who may be present at the examination 20.8. Who are not competent sureties 20.9. Security for costs 20.10. Custody of securities and security bonds CHAPTER 21 :- Processes etc 21.1. Service of Notice 21.2. Time for payment of process fee and consequence of non- payment 21.3. Power to dismiss for non -prosecution 21.4. Full address to be given of persons on whom process to be served 21.5. Summons for final disposal and settlement of issues 21.6. Returnable date of summons 21.7. Expeditions issue of processes 21.8. Process to be served after identification of party 21.9. Endorsement of identifier on the original process 21.10. Procedure where defendant refuses to accept service or cannot be found 21.11. Returns of service 21.12. Service by affixing to outer door 21.13. Notice where summons is affixed to outer door 21.14. Inquiry as to sufficiency of service 21.15. Fresh Process not to issue until previous one returned 21.16. Registrar to execute or to cause to be executed process 21.17. Noting of date on processes 21.18. Service on the advocates of parties 21.19. . 21.20. . CHAPTER 22 :- Court Deposits and Payments 22.1. Payment of money 22.2. Notice of Payment or deposit to judgment creditor or Collector 22.3. Delivery of securities, jewellery or other valuables into Court 22.4. Application for payment of money etc 22.5. Applications to be checked 22.6. Payment by money order, bank draft, etc 22.7. Written authority of client requisite for payment to Advocate 22.8. Account books to be kept 22.9. Signing of cheques and checking of accounts CHAPTER 23 :- Taxation of Costs 23.1. Taxing Officer 23.2. Time for filing bill of costs 23.3. Contents of the Bill of Costs 23.4. Notice for Taxation 23.5. When expenses of witnesses may be included in cost 23.6. Taxation of costs 23.7. When an advocate appears for different parties in the same matter 23.8. Advocates fee when the suits are u neon tested 23.9. Deleted 23.10. . 23.11. . 23.12. Review of taxation only on notice to the opposite side 23.13. No Review of taxation of costs if bill of costs was not filed 23.14. What costs allowed after taxation 23.15. Meaning of proportionate costs 23.16. Application to court for review of taxation 23.17. Bearing of such application CHAPTER 24 :- Proceedings in execution 24.1. Interpretation 24.2. Transmission of decree for execution 24.3. Application under O.XXI, rule 15 to be supported by affidavit 24.4. Checking and admission of execution petition 24.5. Procedure in execution application under O.XXI rule 15 24.6. Procedure when cause not shown 24.7. Registrar not to issue execution simultaneously against person and property 24.8. Application for appointment of receiver in execution of decree 24.9. Copies of draft to be filed 24.10. Execution of document under Order XXI, rule 34(5) 24.11. Deposit with warrant of arrest 24.12. Application of incumbrancer to be made a party to the suit or to join in the sale 24.13. Receipt of attached property to be given 24.14. Deposit of cost for removal or maintenance of property 24.15. Account to be rendered on demand 24.16. Restoration of attached property on payment of costs incurred 24.17. Notice regarding sale of guns and other arms, etc attached 24.18. Immediate sale of movable property 24.19. Contents of sale proclamation 24.20. Appearance of judgment debtor 24.21. Publication of proclamation 24.22. Copy of sale proclamation to be sent to Collector in case of sale of Land 24.23. Arrest or sale on holidays 24.24. Leave to bid and reserved price 24.25. Sale 24.26. Postponement of sale for want of sufficient bidding 24.27. Postponement of sale otherwise than under rule 26 24.28. Bidding Paper 24.29. Agent to produce Authority 24.30. Declaration of purchase 24.31. Report of sale 24.32. Time for confirming sale SCHEDULE 1 :- TABLE OF FEES DELHI HIGH COURT (ORIGINAL SIDE) RULES, 1967 In exercise of the powers conferred by sections 122 and 129 of the Code of Civil Procedure 1908 and section 7 of the Delhi High Court Act 1966 (Act 26 of 1966) and all other powers enabling it, the Delhi High Court hereby makes the following Rules, after previous publication with respect to practice and procedure for the exercise of its ordinary original civil jurisdiction. CHAPTER 1 General 1.1. Short title :- 1.2. Commencement :- 1.3. Application :- 1.4. Definitions :- 1.5. Steps to be taken in the Registry :- 1.6. Period how calculated :- 1.7. Forms to be used :- 1.8. How decree, order, writ etc. to run :- 1.9. Official Seal :- 1.10. Custody of the Records :- 1.11. Hours of sittings :- 1.12. Office hours :- 1.13. Process and copying fee :- 1.14. Courts power to dispense with compliance with the Rules :- 1.15. Application for the above purpose :- 1.16. Courts power to enlarge or abridge time :- 1.17. . :- 1.18. Inherent power of the court not affected :- 1.19. Miscellaneous :- CHAPTER 2 Exercise of Original Civil Jurisdiction 2.1. Jurisdiction to be exercised by a Judge/Single :- 2.2. . :- 2.3. Power of the Registrar including the powers to impose cost :- 2.4. Appeal against the Registrars orders :- 2.5. Adjournments :- 2.6. Delegation of the Registrars Powers :- 2.7. Disposal of matters by Judge in Chambers :- CHAPTER 3 Form of Pleadings 3.1. Proceedings how written :- 3.2. Endorsements and verification :- 3.3. Particulars to be stated in address for service :- 3.4. Initialling alteration etc :- 3.5. . :- CHAPTER 4 Presentation of plaint and other documents 4.1. Presentation at the counter :- 4.2. Endorsement and Scrutiny of documents :- 4.3. Service on the opposite party :- 4.4. Registration of proceedings admitted :- 4.5. Ex-parte amendments :- 4.6. Attestation of amendments :- 4.6A. . :- 4.7. Registers to be maintained :- 4.8. Arrangement of record in pending matters :- 4.9. Contents of main file :- 4.10. Miscellaneous applications File :- 4.11. Process file :- 4.12. Execution file :- 4.13. Distribution to proper flies :- 4.14. One file in miscellaneous applications :- 4.15. Diaries :- 4.16. Order sheet :- 4.17. Removal of record from Court House :- CHAPTER 5 Vakalatnama 5.1. Execution and filing of Vakalatnama :- 5.2. Certificate of fees :- 5.3. Endorsement on vakalatnama :- 5.4. Notice of determination of authority of Advocate :- 5.5. Notice of discharge to a client :- CHAPTER 6 Appearance by Defendant, Written Statement, Set off and Counter Claim 6.1. In default of appearance by defendant suit to be posted on short cause day :- 6.2. Procedure when defendant appears :- 6.3. Extension of time for filing written statement :- 6.4. Extension of time for filing written statement :- 6.5. Service of copies of written statement and list of documents on the other side :- 6.6. Orders as to claims for set-off :- 6.7. Counter-claim by defendant :- 6.8. Counter-claim to be specifically pleaded :- 6.9. Reply to counter-claim :- 6.10. Orders on Counter-claim :- 6.11. Proceeding with the counter-Claim where suit is stayed etc :- 6.12. O. XX rule 19 to apply to decree in such suits :- CHAPTER 7 Directions 7.1. Setting down for directions :- 7.2. Issuing of directions :- 7.3. Appeal from Registrar to a Judge :- 7.4. Date for settlement of Issues by Court :- CHAPTER 8 Admissions, Denials, Framing of Issues and Examination of Parties 8.1. . :- 8.1A. Proceeding at the First hearing :- 8.2. Judgment at the first hearing :- 8.3. Examination of parties etc. at the first hearing :- 8.4. . :- 8.5. Disposal of the matter at the first hearing :- CHAPTER 9 Interlocutory Applications 9.1. Form :- 9.2. Contents of applications :- 9.3. Counter-affidavits etc :- CHAPTER 10 Commissions Commission to Examine Witnesses 10.1. . :- 10.2. . :- 10.3. Final hearing may be fixed after return of commission :- 10.4. Preparation etc. of commission :- 10.5. Commission within local limits :- 10.6. Examination de bene esse :- 10.7. Return of Commission :- 10.8. Deposition to be read over to and signed by the witness :- 10.9. Commissioner for taking accounts etc :- 10.10. Registrar to send necessary proceedings to Commissioner :- 10.11. Commission for taking accounts how executed :- 10.12. Deposit of Commission fees :- 10.13. Notice of filing of report; Filing objections thereto :- 10.14. . :- CHAPTER 10A Evidence on Commission at Courts Discretion CHAPTER 11 Witnesses 11.1. Summons to witnesses :- 11.2. Re-attendance of witnesses on adjourned hearing :- 11.3. Production of public document :- 11.4. Return of original public record after its production in evidence :- 11.5. Power of Court to summon public records suo motu :- CHAPTER 12 Adjournments 12.1. Adjournments to be to a day certain :- 12.2. Adjournment granted only on good cause :- CHAPTER 13 Proceedings at the hearing of suits and upto and inclusive of Decrees 13.1. Evidence, how taken :- 13.2. Any particular question and answer may be taken down :- 13.3. Numbering of witnesses and documents :- 13.4. Witnesses not to be present in Court during hearing of the suit :- 13.5. Exhibits other than in English to be translated :- 13.6. No compromise without leave of Court in pauper suits :- 13.7. . :- 13.8. Payment of costs a condition precedent for bringing a fresh suit :- 13.9. Settling of draft of decree :- 13.10. . :- 13.11. Copies of decrees to collector in case of pauper costs :- 13.12. Errors how rectified after decree sealed :- CHAPTER 14 Suits by or against minors and persons of unsound mind 14.1. Admission of next friend to bring a suit formal order unnecessary :- 14.2. Next friend to file address for service :- 14.3. List of all likely guardians ad litem to be filed :- 14.4. Address for service of guardian ad litem :- 14.5. Application of rules 1 to 4 to persons of unsound mind and to appeals and application :- CHAPTER 15 Summary Suits CHAPTER 16 Commercial Suits 16.1. Commercial cases defined :- 16.2. Plaint in such cases to be marked "Commercial" Suits :- CHAPTER 17 Dates and Cause Lists 17.1. Cause Lists :- 17.2. Day for short causes :- 17.3. What are short causes :- 17.4. Fixing of dates for Final disposal :- CHAPTER 18 Affidavits 18.1. Proof of facts by affidavits :- 18.2. Evidence by affidavits :- 18.3. Title :- 18.4. Form :- 18.5. Contents of affidavits :- 18.6. Interpretation of affidavits :- 18.7. Before whom affidavits are to be sworn :- 18.8. Pardanashin women :- 18.9. Marking, dating and initialling on exhibits :- CHAPTER 19 Receivers 19.1. Application for appointment of Receiver to be by petition supported by affidavit :- 19.2. Register of Receivers :- 19.3. Receiver other than official receiver to give security :- 19.4. Surety may point out omission or neglect of duty cast on receiver :- 19.5. Receiver to submit report :- 19.6. Directions for investment of monies in the hands of the receiver :- 19.7. Notice to surety of application affecting suretys risk :- 19.8. Powers of a Receiver :- 19.9. Receivers remuneration :- 19.10. Establishment and costs therefor to be detailed in the appointment order :- 19.11. No charge for additional establishment allowed :- 19.12. Receiver to file half yearly accounts :- 19.13. Examining and vouching of accounts by Registrar :- 19.14. Appointment of date for passing accounts. Notice thereof :- 19.15. Objections to report to be filed :- 19.16. Passing of accounts by Court :- 19.17. Procedure of hearing of objections :- 19.18. Auditing of difficult and complicated accounts :- 19.19. Order as to payment of balance :- 19.20. Consequence of Receivers negligence to file accounts or pay the balance etc :- 19.21. Consequence of default by receiver :- 19.22. Rule 8 applicable to manager or guardian :- 19.23. Interim receiver :- CHAPTER 20 Security Procedure 20.1. Security Summons :- 20.2. Affidavit to Justification :- 20.3. Time for inquiry :- 20.4. Production of title deeds etc. and examination :- 20.5. Property in respect of which surety may justify :- 20.6. More than two sureties irregular :- 20.7. Who may be present at the examination :- 20.8. Who are not competent sureties :- 20.9. Security for costs :- 20.10. Custody of securities and security bonds :- CHAPTER 21 Processes etc 21.1. Service of Notice :- 21.2. Time for payment of process fee and consequence of non-payment :- 21.3. Power to dismiss for non -prosecution :- 21.4. Full address to be given of persons on whom process to be served :- 21.5. Summons for final disposal and settlement of issues :- 21.6. Returnable date of summons :- 21.7. Expeditions issue of processes :- 21.8. Process to be served after identification of party :- 21.9. Endorsement of identifier on the original process :- 21.10. Procedure where defendant refuses to accept service or cannot be found :- 21.11. Returns of service :- 21.12. Service by affixing to outer door :- 21.13. Notice where summons is affixed to outer door :- 21.14. Inquiry as to sufficiency of service :- 21.15. Fresh Process not to issue until previous one returned :- 21.16. Registrar to execute or to cause to be executed process :- 21.17. Noting of date on processes :- 21.18. Service on the advocates of parties :- 21.19. . :- 21.20. . :- CHAPTER 22 Court Deposits and Payments 22.1. Payment of money :- 22.2. Notice of Payment or deposit to judgment creditor or Collector :- 22.3. Delivery of securities, jewellery or other valuables into Court :- 22.4. Application for payment of money etc :- 22.5. Applications to be checked :- 22.6. Payment by money order, bank draft, etc :- 22.7. Written authority of client requisite for payment to Advocate :- 22.8. Account books to be kept :- 22.9. Signing of cheques and checking of accounts :- CHAPTER 23 Taxation of Costs 23.1. Taxing Officer :- 23.2. Time for filing bill of costs :- 23.3. Contents of the Bill of Costs :- 23.4. Notice for Taxation :- 23.5. When expenses of witnesses may be included in cost :- 23.6. Taxation of costs :- 23.7. When an advocate appears for different parties in the same matter :- 23.8. Advocates fee when the suits are u neon tested :- 23.9. Deleted :- 23.10. . :- 23.11. . :- 23.12. Review of taxation only on notice to the opposite side :- 23.13. No Review of taxation of costs if bill of costs was not filed :- 23.14. What costs allowed after taxation :- 23.15. Meaning of proportionate costs :- 23.16. Application to court for review of taxation :- 23.17. Bearing of such application :- CHAPTER 24 Proceedings in execution 24.1. Interpretation :- 24.2. Transmission of decree for execution :- 24.3. Application under O.XXI, rule 15 to be supported by affidavit :- 24.4. Checking and admission of execution petition :- 24.5. Procedure in execution application under O.XXI rule 15 :- 24.6. Procedure when cause not shown :- 24.7. Registrar not to issue execution simultaneously against person and property :- 24.8. Application for appointment of receiver in execution of decree :- 24.9. Copies of draft to be filed :- 24.10. Execution of document under Order XXI, rule 34(5) :- 24.11. Deposit with warrant of arrest :- 24.12. Application of incumbrancer to be made a party to the suit or to join in the sale :- 24.13. Receipt of attached property to be given :- 24.14. Deposit of cost for removal or maintenance of property :- 24.15. Account to be rendered on demand :- 24.16. Restoration of attached property on payment of costs incurred :- 24.17. Notice regarding sale of guns and other arms, etc attached :- 24.18. Immediate sale of movable property :- 24.19. Contents of sale proclamation :- 24.20. Appearance of judgment debtor :- 24.21. Publication of proclamation :- 24.22. Copy of sale proclamation to be sent to Collector in case of sale of Land :- 24.23. Arrest or sale on holidays :- 24.24. Leave to bid and reserved price :- 24.25. Sale :- 24.26. Postponement of sale for want of sufficient bidding :- 24.27. Postponement of sale otherwise than under rule 26 :- 24.28. Bidding Paper :- 24.29. Agent to produce Authority :- 24.30. Declaration of purchase :- 24.31. Report of sale :- 24.32. Time for confirming sale :- SCHEDULE 1 TABLE OF FEES SCHEDULE TABLE OF FEES A- In defended suits. , (i) If the amount or value shall exceed Rs. one lakh and not exceed Rs. Five Lakhs, on Rs. One Lakh Rs. 6,500/- and on remainder at two per cent. (ii) If the amount or value shall exceed Rs. Five Lakh, on Five Lakh as above and on ihevremainder at I per cent subject, however that in no case the amount of fee shall exceed Rs. 20,000/- B. Deleted. C. Miscellaneous proceedings. (i) If any interlocutory application for any matter, excluding execution proceeding, Other than that of appearing, acting or pleading in a suit, such fees as the Taxing Officer may allow having regard to the nature and importance of the proceedings or matter; . provided, however, that in no case the amount shall be below Rs. 1,000/- or exceed Rs. 2,000/-. (ii) In execution proceedings or in appeals in execution proceedings, the. advocate ,fee to be allowed shall be one-fourth of fee calculated at the rates specified in Rule A (1) on the amount or value of the relief or money claimed in the application to execute decree. Such fees shall be charged only on the first application in any subsequent contested application. (iii) In appeals, the fee shall be calculated at half the scale of the original suits and the principle of the above rules as to original suits shall be applied, as nearly as may be. D. Fees to Officers of Court: (1) Fees of interpreter for explaining at other than the Court House, pleadings and other documents, whether not exceeding 20 folios 8.00 Wherever 20 folios, for every 10 folios or part thereof 2.50 (2) Fees for taking bonds and fees of commissioners for attesting affidavits or affirmations at any place, other than the Court House, For the first affidavit, oath or affirmation or bond within the muni cipal limits of Delhi 16.00 For the first affidavit, oath or affirmation or bond beyond such limits 24.00 For every affidavit, oath or affirmation or bond taken at the same time and place after the first, in the same suit, appeal or matter 8.00 (3) Fees of commissioners, for attesting affidavit oaths or at affirmations at the Court House, for every affidavit, oath or affirmation 2.00