Section 375 in Rules of the High Court of Judicature for Rajasthan, 1952
375. Application and its contents.
- [(1) An application for a direction under Article 226 of the Constitution other than a writ in the nature of habeas corpus shall be presented to the Registrar who shall direct that the application be laid before a Division Bench or a Judge sitting alone, as the case may be, according to the provisions of rule 55 for orders] [Substituted by No. 6/SRO, dated 9-10-1964; published in Rajasthan Gazette part I-C, dated 3-12-64.]:Provided that the following matters shall ordinarily be laid for orders before a Judge sitting alone:-(a)Matters arising out of Municipal or Panchayat elections in which the constitutionality of any provision of law is not challenged.(b)Applications relating to orders of Gram Panchayats, Tehsil Panchayats or District and Sessions Judges purporting to have been passed under the Gram Panchayat Act.(2)The application shall state clearly the relief sought and the grounds upon which it is sought and be accompanied by an affidavit verifying the facts relied upon(3)The application shall also state whether or not any similar application has been made to the Supreme Court.(4)[ An application by more than one person shall not be entertained except when the relief claimed is founded on the same cause of action] [Substituted by No. 6/SRO, dated 9-10-1964; published in Rajasthan Gazette part I-C, dated 3-12-64.].(5)[ The application shall be accompanied by a memorandum giving an address at which service of process be made on the petitioner. This address shall be called the registered address and it shall hold good till the final decision of the petition and the appeal, if any filed in the case.] [Added by No. 2/SRO, dated 28-8-1972; published in Rajasthan Gazette part IV-C, dated. 11-1-73.](6)The address shall be within the local limits of the Jodhpur Municipality or of the court of District Judge within which the petitioner ordinarily resides, if within the limits of the State of Rajasthan.(7)Where a petitioner fails to file an address for Service, his petition may be liable to be rejected by the Court suo motu or on an application by any party to the petitioner. The Court shall however have power to extend time for furnishing the required address or make such other order as it may think fit.(8)Where a petition is rejected under sub-rule (7), the petitioner may apply for an order to set the rejection aside and if he files a registered address and satisfies the Court that he was prevented by any sufficient cause from filing the registered address at the proper time. The Court shall set aside the rejection upon such terms as to costs or otherwise as it thinks fit. and shall appoint a day for proceeding with the petition.(9)When the petitioner desires to change the address for service given by him as aforesaid, he shall file a signed statement of such change with copies thereof for all the respondents, and the Court may direct the amendment of the address accordingly.(10)Where the petitioner is not found at the address given by him for service and no agent or adult male member of his family on whom a process can be served, is present, a copy of the process shall be affixed to the outer door of the house. If on the date fixed the petitioner is not present and the process is not declared by the Court to have been duly served, a date shall be fixed and a copy of the process shall be sent to the registered address by Registered post and such service shall be deemed to be as effectual as if the process had been personally served.(11)Any process served on the Advocate engaged by the petitioner or left at the office or residence of such Advocate shall be deemed to be due service on the petitioner and unless the court otherwise directs shall be as effectual for all purposes as if the same had been given to or served on the petitioner in person.(12)Nothing in the proceeding sub-rules shall prejudice the court's power from directing the service of a notice or process in any other manner, as it may think fit to do.][375A. Applications for a rule nisi. - Unless otherwise ordered by 'the Court, all applications for a rule nisi shall be made ex-parte in the first instance before the Court, on such day or days and at such time or times as is fixed by the Court:Provided that an application for a rule nisi involving revenue law shall not be moved, unless the Judge otherwise directs, serving a forty eight hours prior notice also with a copy of the application under Article 226 of the Constitution proposed to be moved on the administrative Head of the Department concerned with the administration of the revenue law.] [Added by No. 2/SRO, dated 31-3-1975; published in Rajasthan Gazette part IV-C, dated 29-5-75, p. 80.]
