State of Madhya Pradesh - Act
High Court Rules and Orders In M.P.
MADHYA PRADESH
India
India
High Court Rules and Orders In M.P.
Rule HIGH-COURT-RULES-AND-ORDERS-IN-M-P of 1973
- Published on 30 May 1973
- Commenced on 30 May 1973
- [This is the version of this document from 30 May 1973.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Jurisdiction of A Single Judge and of Benches of The Court
1.
The following matters shall ordinarily be heard and disposed of by a Judge sitting alone :-2.
The following matters shall be placed before and heard and decided by a Bench of three Judges,-3.
In cases no provided for by Order XLVII, Rule 5 of the Code of Civil Procedure, an application for a review of a decree or order shall be heard,-4.
Save as provided by law or by these rules or by special orders of the Chief Justice, all matters shall be heard and disposed of by a Bench of two Judges.5.
Except in a matter which is required by virtue of any law to be heard by a Bench of two or more Judges, a Judge sitting alone whilst acing in the long vacation as a Vacation Judge, may exercise the original and appellate jurisdiction vested in the Court,-6.
Appeals under clause 10 of the Letters Patent shall be heard by a Bench consisting of two Judges other than the Judge from whose judgement the appeal is preferred.7.
A Full Bench shall ordinarily be constituted of three Judges but may be constituted of more than three Judges in pursuance of an order in writing by the Chief Justice.8.
The Chief Justice shall nominate the Judge constituting a Full Bench.9.
10.
If a Judge sitting alone considers that the decision of the proceedings pending before him involves reconsideration of a decision of two or more judges [x x x] [Omitted by Notification 5-1-9-3-37, dated 27-6-1978.] he may refer it to the Chief Justice with a recommendation that it be placed before a Full Bench for a decision on a stated question or questions. The referring Judge shall dispose of the proceedings in accordance with the decision of the Bench on the question or questions referred to it.11.
When in any appeal or civil matter heard by a Bench of two Judges, the Judges composing the Bench differ on a point of law and state the point on which they differ the proceedings shall be placed before the Chief Justice for the purpose of nominating one or more of the other Judges to deal with the matter.12.
If a Bench of two Judges considers that the decision of the proceedings pending before them involves reconsideration of a decision of two or more judges [x x x] [Omitted by Notification No. 5-1-9-3-37, dated 27-6-1978.] they may refer the matters to the Chief Justice with a recommendation that it be placed before a Full Bench. The referring Judges may refer a stated question or questions or may ask that the proceeding be heard and decided by the Bench in which it is referred. If the referring Judges refer a stated question or questions they shall dispose of the proceeding in accordance with the decision of the Full Bench on the question or questions referred on it.[Chapter IA [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Part I1. Definitions. - In these rules, unless the context otherwise requires :-
2. Add the words "Additional Registrar or" before the words "Deputy Registrar" wherever they occur in the High Court Rules.]
Chapter II
Powers of [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] and Deputy Registrar
1. The following duties and powers in relation to civil and criminal proceedings are, in addition to powers conferred upon him by other rules delegated to the [Additional Registrar] :-
2. The [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] may refer any of the matters mentioned in Rule 1 to the Court for orders.
3. Nothing in Rule 1 shall be deemed to authorise the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] to make an order of dismissal of a proceeding for default or for any other reason, or to determine a disputed question of representation under Order XXIS, Rule 5, Code of Civil Procedure, or to pass final orders on a contested application for the appointment and removal of a next friend or guardian ad litem, or to pass final orders on an application for the withdrawal of an appeal when there is a contest as to the order of costs, or when any party in the proceeding is a minor or is adjudged of unsound mind or has been found by reason of unsoundness of mind or mental infirmity to be incapable of protecting his interest when suing or being sued.
4. In the absence of the [Additional Registrar] [Substituted by Notification No. 1452-1 -9-3-37, dated 23-1-1976.], or whenever the Chief Justice so directs, the powers and duties in clauses (i) to (x) and (xvi) of Rule 1 shall be exercised and performed by a Judge or Judges and the powers and the duties under clauses (xi) and (xv) and (xvii) to (xxii) or Rule 1 by the [Additional Registrar or] [Inserted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] Deputy Registrar.
5. The [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] may with the permission of the Chief Justice delegate his functions under clauses (xvii) to (xxii) of Rule 1 to the Deputy Registrar.
6. (i) The [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] is the officer appointed as Taxing Officer under Section 5 of the Court-Fees Act, 1870 for the main seat of High Court at Jabalpur.
7. When any officer of the Court whose duty is to see that any document field in this Court bears the requisite court-fee considers that such a document is sufficiently stamped, he shall record his opinion with reasons therefor. This report shall be shown to the advocate representing in the High Court the party concerned who will note thereon whether he accepts or disputes the accuracy thereof. If he raises a dispute, the matter shall be placed before the Taxing Officer, notice of the date being given to the counsel concerned.
8. Whenever any officer of the Court finds that a document which ought to bear a stamp under the Court-Fees Act has through mistake or inadvertence been received in a lower Court without being properly stamped he shall record his opinion with reasons therefor. His report shall be submitted to the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] who may direct that it be shown to the advocate representing in the High Court the party who presented the document and may hear the advocate on the point. If the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] considers that the opinion recorded is correct he shall cause the case to be laid before the appropriate Bench for decision of the question of deficiency in the court-fee paid in the lower Court.
9. (a) Whenever the court-fees payable on any document in respect of which the question of limitation arises are found deficient, the Taxing Officer will pass an order either certifying that in his opinion the understamping is or is not bona fide or stating that he is not in a position to decide the point. If the deficient fees are paid before the limitation expires, the document will be treated as properly stamped. If the deficient fees are not paid before limitation expires, the case will be placed before the Court. The hearing will not be less than 20 days after the date of the Taxing Officer's order. If in that time the part\filing the document or his counsel filed an application Under Section 149 of the Code of Civil Procedure to the Court on a court-fee stamps of Rs. 2/-, the Court will, in cases when the Taxing Officer certifies the understamping to be bona fide, normally extend the time.
(b)Whenever a case is put to the Court in accordance with the above, a statement in the following form shall be endorsed on the order-sheet over [the Additional Registrar or] [Inserted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] the Deputy Registrar's signature.10. The [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] or Deputy Registrar may permit clerical errors in any memorandum of appeal or memorandum of objections under Order XLI, Rule 22 or 26, Code of Civil Procedure or in any petition or affidavit produced in any civil proceeding in the Court to be corrected. Such correction shall be made in the case of affidavits by the declarant and in other cases by the person producing the document or his advocate.
11. Every correction in any memorandum of appeal, memorandum of objections, petition or affidavit shall be initialled by the party making the correction and by a Judge, the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] or Deputy Registrar. In the case of an affidavit such authentication shall be made by the initials of the officer administering the oath or receiving the solemn affirmation.
[12. All matters in civil and criminal cases pertaining to default of process fee, paper book costs, furnishing of address in respect of service of notice, non-compliance of Additional Registrar's orders in respect of office matters tinder Rule 20, Chapter IV, default of identical copies, default of security amount, service of notice, default of publication charges and non-compliance of the Court's orders and default of appearance of accused persons who are on bail be dealt with by the Registrar, Additional Registrar or the Deputy Registrar, as the case may be, provided that every such case in which the Registrar, Additional Registrar or the Deputy Registrar, as the case may be, is of the opinion that the default should not be condoned shall be placed for orders before the appropriate Bench.] [Inserted by Notification No. 5-1-9-3-37, dated 27-6-1978.]Chapter III
Affidavits
[1. The [Additional Registrar or] [Substituted by Notification No. 39-1-22-18-27, dated 5-2-1972.] Deputy Registrar, a notary public appointed under persons mentioned in Section 539 of the Code of Criminal Procedure and Section 139 of the Code of Civil Procedure are persons empowered to administer the oath or receive the solemn affirmation in the case of affidavits to be used in this Court and the Supreme Court.]2.
3. Every affidavit shall be drawn up in the first person and divided into paragraphs, numbered, consecutively, and each paragraph, as nearly as may be shall be confined to a distinct portion of the subject.
4.
5. Unless it be otherwise provided, an affidavit may be made by any person having cognizance of the facts deposed to. Two or more persons may join in any affidavit, each shall depose separately to those facts which are within his knowledge, and such facts shall be stated in separate paragraphs and it must appear which fact each is deposing to.
6. When the declarant in any affidavit speaks to any fact within his own knowledge, he must do so directly and positively using the words "1 affirm" (or "make oath") "and say".
7. Every affidavit should clearly express how much is a statement of the declarant's knowledge and how much is a statement made on his information or belief and must also state the sources or grounds of the information or belief with sufficient particularity.
Note. - In case of affidavits under Order XXXII, Rule 4 (3), Code of Civil Procedure, the officer before whom such affidavits are sworn, should see that the words "and that he (she) is a fit person to be so appointed are always inserted in the affidavit by the declarant. The affidavit should also state,-8. All corrections in the affidavit shall be legibly initialled and dated by the declarant.
9.
10. If the declarant is not personally known to the officer administering the oath or receiving the solemn affirmation, he shall be identified by some person whom that officer does know and otherwise by atleast two respectable witnesses which person of witnesses shall sign the endorsement prescribed by Rule 14 below.
11. Where the declarant is a pardanashin woman, she shall be identified by a person to whom she is know and before whom she is accustomed to appear unveiled and such person shall sign the endorsement prescribed by Rule 14 below.
12.
13. The Court or a Judge may order to be struck out from any affidavit any matter which is scandalous or irrelevant and may order the costs of any application to strike out such matter, if granted, to be included in the costs payable by the offending party.
14. The officer administering the oath or receiving the solemn affirmation shall make the following endorsement on every affidavit made before him and shall date, sign and seal the same :-
"Sworn before me on the........... day of..........20.........by................................son of who is personally known to me (or) who has been identified by. whose signature is/signatures are thereto appended.SignatureDesignation"SealA rubber stamp may be used for the form of this endorsement. In addition the particulars required by Rule 12 (2) shall, where necessary, be added in manuscript and dated, signed and sealed by the officer administering the oath.15. In administering oaths or receiving affirmations the following form should be used.
OathI swear that this my declaration is true, that it conceals nothing, and that no part of it is false. So help me God.AffirmationI solemnly declare that this my declaration is true, that it conceals nothing, and that no part of it is false.Chapter IV
Court Hours and Presentation of Appeals and Applications
1.
-Court Hours1. The Court will be open daily, except on authorised holidays, for the transaction of judicial business, between the hours of 10.30 a.m. and 4.30 p.m. The Judges will ordinarily sit in Court between the hours of 10.30 a.m. and [4.30] [Substituted by Notification No. 16, dated 1-2-1994.] p.m. with a recess between 1.30 and [2.00] [Substituted by Notification No. 16, dated 1-2-1994.] p.m. [x x] [Omitted by Notification No. 16, dated 1-2-1994.]
2.
-Presentation of Appeals and Applications2. Applications to the High Court shall, save where it is provided to the contrary in these rules, be by a petition,-
3. Every petition shall be headed "In the High Court of Judicature at Jabalpur". If it relates to a cause, appeal or other proceeding already before the Court, the class and number of such cause, appeal or proceeding shall be set out immediately below the title; otherwise the class of proceeding to which the petition belongs shall be indicated.
Note. - The classification of proceedings in the High Court is as follows :-4.
6. A petition for the exercise of the power conferred by Section 115 of the Code of Civil Procedure shall set out clearly how and in what manner the subordinate Court has exercised a jurisdiction not vested in it by law or has failed to exercise a jurisdiction so vested, or the particular illegality or irregularity complained of as the case may be.
7. A petition for the exercise of the power conferred by Section 25 of the Provincial Small Cause Courts Act, 1887, shall specify in what particular the decree or order of the Court is not according to law.
8. Separate petitions shall be made in regard to distinct subject-matters.
9. A petition shall not contain more than one prayer or one series of alternate prayers of the same kind.
10. An application for leave to appeal under clause 10 of the Letters Patent against an appellate judgement of a single Jude of the High Court shall be made in writing or orally to the Judge deciding the appeal immediately after the judgement is delivered. No other application for such leave to appeal shall be entertained.
11. Petitions for revision made to this Court for which no specific statutory limitation exists will be treated as prima facie made without such diligence as ought ordinarily to be shown to entitle the petitioner to relief in revision if the period from the date of the order of which revision is sought to the date on which the petition is filed in Court excluding the time properly spent in obtaining any copy required to be submitted with the petition is more than 90 days.
12. All petitions made to this Court for restoration to file of Civil Revision dismissed for default by this Court will be treated as prima facie made without such diligence as ought ordinarily to be shown to entitle the petitioner to the relief, if the period from the date of the order of which revision is sought to the date on which the petition is made excluding the time properly spent in obtaining any copy required to be submitted with the petition, is more than 30 days.
13.
15. No petition for revision of an original order of a Magistrate shall be entertained unless it is accompanied by a copy of the order of the [x x x] [Omitted by Notification 23, dated 12-12- 1997 (w.e.f. 1-1-1998).] or Session Judge concerned refusing to refer the case to the High Court.
16.
17. The affidavit accompanying a petition for review made upon the ground of the discovery of new and important matter of evidence, within the meaning of Order XLVII, Rule 1 of the Code of Civil Procedure shall state in clear terms what such new and important matter of evidence is, the effect or purport thereof and that the same, after the exercise of due diligence, was not within the knowledge of the petitioner, or could not be produced by him at the time when the decree was passed, the order was made or the judgement was delivered. The documents, if any, relied upon shall be annexed to the petition.
18. The affidavit accompanying a petition for stay of execution under Order XLI, Rule 5 of the Code of Civil Procedure shall state the facts upon which the petition is based, the date of the decree or order, the stay of the execution of which is desired, particulars of the suit or proceeding in which such decree is made or order is passed, the date of the order, if any, for execution of sale, the date, if any, fixed for the sale, and the facts necessary to enable the Court to be satisfied of the matters mentioned in Order XLI, Rule 5, sub-clause (3) of the Code of Civil Procedure.
19. The affidavit accompanying a petition for the re-admission or restoration of an appeal or application dismissed for default of appearance or for non-payment of process-fees or paper-books costs shall state the circumstances under which such default was made, and whether or not the party whose appeal or application was dismissed had, previous to such dismissal, engaged an advocate to conduct the appeal or application.
20. If a petition or memorandum of appeal is not in proper form or is not accompanied by the necessary documents and the petitioner or applicant fails to amend it or rectify the omission within the time fixed by the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] or Deputy Registrar, it shall be laid as soon as possible before a Bench for orders.
21. In the matter of any pending case no interlocutory application, written statement, affidavit, or list of documents shall be filed unless a copy thereof has been previously served on the counsel of the opposite party who has entered appearance through a counsel. The counsel served with such copy shall acknowledge receipt of the copy by endorsement on the original written statement, affidavit or list of documents. When the counsel of the opposite party refuses to accept the copy or is not available or such party is not represented, the fact shall be endorsed by the applicant on the application or document presented :
Provided that where the counsel for the opposite party refuses to accept the copy, the may record his reasons for refusal on the original application or document.Note. - When the Court orders the filing of an affidavit, a copy of the affidavit so filed, shall be served on the counsel of the opposite party a week (or such time as Court may fix) before the date of hearing.Chapter V
Procedure After Presentation
1. Memorandum of appeal, memoranda of objection under Order XLI, Rules 22 and 26, Code of Civil Procedure and petitions shall be presented to [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-38, dated 23-1 -1976.]'s reader who shall immediately fix a date not more than a week ahead in civil cases and not more than five days ahead in criminal cases. On that date the party filing the memorandum or petition, or his counsel should attend in office to ascertain the progress of the matter. The reader shall in the interval examine the memorandum or petition with a view to seeing whether it is in order, properly stamped and within time and submit the result in the prescribed form to the [Additional Registrar.] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.]
2.
4. [x x x] [Omitted by Notification No. 17, dated 21-2-1994.].
5. Appeals from or petitions for revision of interlocutory order of the subordinate Courts, petition or application accompanied by petition for urgent disposal, petition for the grant of bail, petition for the transfer of criminal cases from one subordinate Court to another and application in cases pending before the High Court will be placed before the motion Bench without records in the first instance and a short date may therefore be given in such cases. [x x x] [Omitted by Notification No. 23, dated 12-12-1997 (w.e.f. 1-1-1998).]
6. If a party desires any particular petition or application to be disposed of expeditiously, he should present a separate stamped petition in that behalf and the urgent petition or application will thereupon be placed by the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] before the Court as early as possible.
7. Petitions for stay of execution unless accompanied by a petition for urgent disposal under Rule 6 above will be put up with the case on the date fixed for the motion hearing of the case. If a petition for stay of execution is accompanied by a petition for urgent disposal, the record of the lower Court will be sent for immediately and the case placed before the appropriate motion Bench within three days of the presentation of the petition, and the Bench may, whether the record has or has not been received, pass orders on the petition for stay of execution, and also may admit the appeal or application for revision for hearing parties. Provided that petitions for stay of execution filed in appeals under Section 47, Civil Procedure Code, which are to be heard by a Division Bench shall be placed before a single Bench which shall dispose of the petitions for stay of execution only.
[8. (1) All petitions for grant of bail, if in order, should be placed before the appropriate Bench, as far as practicable, within three days.] [Substituted by Notification No. 17, dated 21-2-1994.]9.
10.
11. [The references for confirmation of death sentences and] [Inserted by Notification No. 13-1-14-1/38.] appeals against a sentence of death are to have preference over all other cases. They should therefore be posted for hearing as soon as they are ready. The preparation of paper books in such cases should be expedited throughout.
12. Motion hearings will ordinarily be taken by the Benches in open Court. The Chief Justice may, however, by order and subject to such conditions, as he may impose, permit the motion hearing of classes of cases specified in that order to be taken in Chambers.
13. Appeals and applications fixed for motion hearing shall be distributed by the [ Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] to the appropriate motion Bench two days before the due date. The distribution lists shall be initialled by the [ Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] and no change in them shall be made without his authorisation and initials. Cases in which the same counsel appeals shall, as far as possible, be placed together in the list. A copy of the list shall be supplied to the Judge's reader and the Bar Association.
Chapter VI
Processes and Process-Fees
1. Whenever notice is ordered to be issued to any party at the expense of any other party, the latter shall pay the necessary process-fees within the time stated in the order, or if no such time stated, within 20 days and shall, at the same time supply as many copies of memorandum of appeal, memorandum of projection or petition and any affidavit filed in support of them [and in case of second appeal the substantial question or questions of law on which the same is admitted] [Inserted by Notification No. 7, dated 22-8-1979.] as there are persons to be served :
[Provided that the time requisite for obtaining a certified copy of the order-sheet containing the substantial question or questions of law on which a second appeal is admitted, will be further available for supplying copies thereof along with process-fees :] [Inserted by Notification No. 7, dated 22-8-1979.][Provided further that in all civil matters notices to the Public Officers and corporations shall be sent in the prescribed forms by registered post acknowledgement due.] [Inserted by Notification No. 23, dated 12-12-1997 (w.e.f. 1-1-1998).]2. If the process-fees are not paid by the due date or if the necessary documents are not filed, the case shall be forwarded forthwith by the Assistant Superintendent concerned direct to the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] who may, in his discretion either require a written stamped application for the extension of time to be made, or grant further time for depositing the process-fees or filing the documents without requiring the making of a written application or may direct that the proceedings be placed forthwith before the appropriate Bench for orders. All order dealing with the service of notices shall be recorded in the order-sheet.
3.
4. The memorandum referred to in Rule 3 may be filed in the office within the period allowed or may be sent by registered post, addressed to the Superintendent, Judicial Branch, in time to reach the Court within the period allowed.
5. The [Additional Registrar] [Substituted by Notification No. 1452-1 -9-3-37, dated 23-1 -1976.], having regard to the state of the file, shall fix the period to be entered in notices to respondents at the earliest possible date of hearing. If for any special reason, an appellant wishes any appeal to be heard at an earlier period than would ordinarily be the case, he may, in the case of first appeals and appeals under Clause 10 of the Letters Patent, apply by a properly stamped application to the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] and in other cases to the Judge, who presides at the preliminary hearing for a special order to that effect.
6. The fees exhibited in the following table shall be charged for serving
and executing the several processes against which they are severally ranged :-| (a) | in appeals and revision not exceeding Rs. 10,000 in value. | [Rs. 10.00] [Substituted by Notification No. 23, dated 12-12-1997 (w.e.f. 1-1-1998).] |
| (b) | in appeals and revisions exceeding Rs. 10,000 in value. | [Rs. 15.00] [Substituted by Notification No. 23, dated 12-12-1997 (w.e.f. 1-1-1998).] |
7. Notwithstanding Rule 3 (foregoing) no fee shall be charged for serving,-
8. If the undermentioned criminal cases are set down for hearing both parties, notices of the date of hearing shall invariably issue to the Advocate-General through the Legal Remembrancer, Madhya Pradesh-
9. In all criminal cases in which a charge involving the capital sentence is involved in one way or another and the capital sentence is not imposed, a notice shall issue to the Advocate-General with a view to affording an opportunity to the Crown for considering whether an appeal against acquittal or an application for enhancement of sentence should be filed. Cases in which such notice has been given shall not be posted for disposal until after the expiry of two weeks from the date of issue of such notice. If the Government gives, in such a case, notice of an appeal against an order of acquittal or of an application for enhancement of sentence within the said period of two weeks, the appeal originally filed by the accused and the appeal or application filed by the Government shall be posted for disposal together.
Chapter VII
Roster, Cause-List and Miscellaneous Instructions
1. The Judges shall sit singly or in Benches of two or more Judges and dispose of civil or criminal work in accordance with a roster approved by the Chief Justice. The roster shall be prepared by the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] in accordance with instructions given by the Chief Justice, and shall be submitted to the Chief Justice on the 20th of each month. On approval a copy of the roster shall be supplied to all Judges and to the Bar Association.
2.
3. A copy of an order granting stay of execution or bail shall be issued to the subordinate Courts over the signature of the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] and the envelope in which it is contained shall be marked "Immediate-Order for Bail or Immediate Order of stay of Execution," as the case may be, in red-ink.
4. Separate registers shall be maintained of civil cases to be heard by Division and Single Benches in such manner as to show when the cases are complete in every respect and are ripe for hearing. From these registers cases shall ordinarily be taken up according to the order of institution for incorporation in monthly lists of cases to be heard by Division and Single Benches. Copies of these lists shall be sent to the Bar Association and shall also be posted on the Court notice-board; [not latter than one week before the end of the preceding month] [Substituted by Notification No. 18, dated 5-3-1994 (w.e.f. 1-6-1994).]. When in any month it is found that the current list is becoming exhausted, a supplementary list for the month may be issued by the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.], Except in very exceptional circumstances a supplementary list should not be issued after the 25th of the month:
[5. From the monthly list, weekly list shall be prepared and sent to the Bar Association, Advocate General's office and published in the Court Notice Board on the last working day of the preceding week. When weekly cause list is prepared, there shall be no separate daily cause list.] [Substituted by Notification No. 18, dated 5-3-1994 (w.e.f. 1-6-1994).][At the end of every sitting day, intimation should be sent to the Bar Association and Advocate General's Office about the numbers of the cases in the weekly list which have been heard during the day.] [Inserted by Notification No. 19, dated 9-5-1994 (w.e.f. 1-6-1994).][6. Daily list of Motion Hearing cases shall be prepared and sent to the Bar Association and Advocate General's office as early as possible on the preceding day, however, the list for Monday shall be so sent by the noon of tire preceding Saturday if it is a working day or by the evening of the last working day if the Saturday is a holiday. Cases shall be allotted by the Additional Registrar (J) to the various Benches in accordance with the instructions of the Chief Justice.] [Substituted by Notification No. 18, dated 5-3-1994 (w.e.f. 1-6-1994).][7. Separate registers shall similarly be maintained of Criminal Cases to be heard by the Division and Single Benches, Criminal Appeals, Criminal Revisions and petitions under Section 482, Cr PC, shall be taken from these registers according to the orders of institution for incorporation in the weekly list of cases likely to be ready for hearing in that particular week. There shall be daily list of bail applications for final hearing. Copies of the list shall be sent to the Bar Association and Advocate General's office and affixed at the Court's notice board on the last working day in the cases of weekly list and in the previous evening in the case of daily list.] [Substituted by Notification No. 18, dated 5-3-1994 (w.e.f. 1-6-1994).]8.
9. A case may be taken off monthly cause-list or may be removed to a lower or higher position on such cause list by the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] on a written request signed by all parties who have entered an appearance or by their counsel. Such a request need not bear court-fee stamp.
10. A case may be taken off the weekly cause list or may be removed to a lower or higher position in such list under the order of the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] made on a written request signed by all parties who have entered an appearance or by their counsel and presented not later than the Friday by the week preceding that to which the cause-list relate. Such a request need not bear a court-fee stamp.
11. A case may be removed to a lower position in the daily cause list under the order of the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] made on a written request signed by all parties who have entered an appearance or by their counsel and by the counsel appearing in the case next below such case. Such an order shall be made only in cases where the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.] is satisfied that the making of such an order is desirable for the convenience of all concerned. Such an order shall not be made after 5 p.m. on the day preceding that to which the cause-list relates and shall be immediately certified to the Judge or Judges concerned.
12. A case may be postponed by the [Additional Registrar] [Substituted by Notification No. 1452-1-9-3-37, dated 23-1-1976.],-
13. Except as provided by Rules 9-12 no adjournment in any cause list shall be made; provided that an adjustment of the daily cause list may be made under the orders of the appropriate Bench in respect of cases in which an application under Rule 11 has not been made.
14. Parties and their advocates or agents are required to attend the Court on the day or days for which their cases are set down, and on subsequent days until their cases are disposed of or are postponed. Intimation of case having been brought on the monthly and weekly list shall be given by post to such parties as are not represented by counsel.
14A. [x x x] [Omitted by Notification No. 4-1-9-3-37, dated 27-6-1978.]
15. The third Friday in every month shall be reserved in all Courts for Full Bench and such special work as the Chief Justice may direct.
Chapter VIII
Paper-Books
Part I – Preparation of Paper-Books In Civil Cases
1. In every case in which a civil appeal or an application for revision or review on the civil side has been admitted for hearing both parties, the Registrar shall, on receipt of the records from the lower Court and of the prescribed cost, if any due from the parties, cause a paper-book to be prepared in accordance with the rules below :
Provided that no paper-book shall be prepared in the matters to be ordinarily heard and disposed of by a Judge sitting alone [x x x] [Omitted by Notification No. 14/1-14-1/38, dated 13-6-1986.] unless otherwise directed by the Court:Provided further that in a miscellaneous case not provided for in these rule, it shall not be necessary to prepare a paper-book, but the Registrar may, if he thinks fit, direct the preparation of a paper-book and also what papers it shall contain and may pass orders as to the number of copies to be prepared, the person or persons by whom the costs are to be borne, the papers to be included, and any other incidental matter. The Registrar may, if he thinks fit, direct the preparation of such paper-books at the expenses of Government. In such cases the attention of the Court shall be drawn to this fact at the time of hearing and the Court may pass such orders as it thinks fit as to the apportionment and recovery of such costs.2. Excepting where original documents are utilized under these rules the paper-books shall be prepared in type on thin white foolscap paper, only one side of the paper being used. To each paper-book shall be prefixed a table of contents with reference to pages and each paper-book shall be stitched together with a fly leaf in the prescribed form.
3. Each typed page of the paper-book shall ordinarily contain about 360 words and every tenth line on each page shall be numbered 10, 20, 30 and so on.
4. All documents in vernacular shall be translated by the official translators of the Court before being included in the paper-books.
5. The entry of a case in the monthly Cause List shall be sufficient notice to all concerned that the paper-book is ready and copies may be obtained from the office.
6.
7. The costs shall be calculated at the following rates :-
8. No paper in the record of a case which ought to have been but was not included in the list of documents specified by any party under Rules 11 (vi), 28 (v), 29 (iii) and 31 (iii) or in respect of which costs have not been paid under any rule shall be referred to at the hearing of the case without the special leave of the Court and unless both the Court and the opposite party have been previously supplied with copies and if necessary, translation thereof prepared in office at the cost of the party concerned. But this rule shall not preclude the Court from referring to any paper, if it considers to do so for the ends of justice.
The charges for preparing the copies and translations under this rule shall be twice those prescribe in Rule 7. Every endeavour will be made to supply such copies and translations before the date of hearing but parties will have not claim to an adjournment merely because the copies and translations are not supplied in time unless it can be shown that the failure to specify the documents for inclusion in the paper-book was justified or that the copies and translations were not prepared in time owing to negligence over which the party has no control.9. No order shall be passed exempting any party from the operation of the whole or any part of these rules, and no special order shall be made as to any matter with which these rules are concerned except upon application duly stamped with a court-fee of [Rs. 10.00] [Substituted by Notification No. 23, dated 12-12-1997 (w.e.f. 1-1-1998).] setting forth sufficient grounds.
An application for enlargement of time for the doing of any act required to be done under these rules shall ordinarily be made before the expiry of prescribed time :Provided that if it is deemed necessary an order may be passed directing that an affidavit be filed in support of the application for extension of time.10. If any party desires to refer at hearing to any document not admitted in evidence in the lower Court or desires the admission of fresh documentary evidence in this Court, such documentary evidence shall be specified by such party and included in the list of documents filed by the party, and copies and if necessary translation shall be prepared at the cost of the parties and kept with, but shall not be included in the paper-book of the case.
11. Appeals from original decrees. - In appeals from original decrees paper-book shall ordinarily consist of the following papers, viz.,-
11A.
11B. [x x x] [Omitted by Notification No. 7, dated 22-8-1979.]
12. The paper-book shall be arranged in two parts. Part II containing the exhibits and documents and Part I all the other papers. Part I shall be arranged strictly in chronological order while Part II shall follow the order of the exhibit mark. Additional evidence admitted by a lower Court after remand of the case by this Court shall however, not be incorporated in the main paper-book, but shall be arranged in chronological order in a separate paper-book :
Provided that in first appeals of the value of Rs. 20,000 (Rs. 10,000 if the plaint was filed before 26th January, 1950) and upwards the arrangement of paper-book shall be as prescribed by the rules of Supreme Court from time to time.Note. - The proviso will not apply to case in which the paper-books have been already prepared before the date on which the said proviso comes into force.13. Three copies shall ordinarily be prepared in appeals which are to be heard by a single Judge and four copies in appeals which are to be heard by a Division Bench. One copy in the former and two copies in the latter will be retained for the use of the Court and the other two copies given to the counsel on either side. If, however, an application is made in this behalf to the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar, before the commencement of the preparation of the paper-book, additional copies not exceeding three may be prepared alongwith the Court copies and given to the parties on payment calculated under Rule 7 (iv). Extra copies applied for after the commencement of the preparation of the paper-book may be refused, and if supplied shall be charged for at 1-½ times the rate prescribed under Rule 7 (iii). Extra copies applied for after inclusion of the case in the weekly list will be refused. Office will endeavour to complete extra copies so charged for under Rule 7 (iii) before the hearing, but no party shall have any right to an adjournment merely because such copies are not ready.
14. As soon as an order has been passed admitting the case for hearing both parties and the records have been received from the Courts, the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] the Deputy Registrar shall cause notice to be given to the parties requiring them to prepare and deliver by certain specified dates separate lists in the following form of the papers mentioned in Rule 11 (vi) above which they desire to be included in the paper-book :-
| Description of papers with date, distinguishingmark or number of page. | Whether the whole or a portion is to be included(if portion, specify it) | Page of paper-book (to be filled in by theoffice) |
| 1 | 2 | 3 |
15. If portion only of a document is to be included in the paper-book, it is incumbent on the party to specify that portion clearly and beyond risk of doubt, if this is not done estimates will be prepared excluding the whole document and reference to be allowed at the hearing.
16. The date given for the appellant shall be at least three weeks earlier than that given for the respondents.
17. Every respondent may insert the appellant's list and at his own expense obtain a copy of the whole or any portion thereof.
18. Respondents having a common interest in the appeal may deliver a combined list and those having separate interest may deliver separate lists.
19. When a memorandum of objections have been filed by a respondent under Order XLI, Rule 22 of the Code of Civil Procedure, the appellant may file an additional list of papers which he desires to be included in the paper-book.
20. The filing of lists of document should be a considered act and revision of these lists will be normally allowed only in exceptional cases and for good cause shown. It will be allowed more freely on an agreed application of all parties duly stamped under Rule 9. In judging whether revision be allowed, reasonable diligence in filing the revised list will be considered. Normally, reasonable diligence would require the applications to be filled within a fortnight of service of estimates :
Provided that when order allowing an application for revision of list is passed, the applicant shall pay into the office Rs. 10 in court-fee labels, as fee for the preparation of the revised estimates within the time fixed, if any, or within 7 days of the date of the order, failing which the preparation of paper-books shall be proceeded with as if there was no such application.21. If an application is allowed to revise his list the respondent may file an additional list of papers to be included in the paper-book.
22. Oil receipt of the appellants and the respondent's lists, the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar shall, as soon as practicable, make and deliver to the parties separate rough estimate of the costs of preparing their portions of the paper-book.
23. The parties shall deposit the amounts as demanded in cash with the cashier of the Court within six weeks of the delivery of the rough estimates referred to in Rule 22.
23A. In cases falling under proviso to Rule 1 when the Court orders a party to pay paper-book costs, the Estimator shall issue a notice to the party concerned to pay costs, within two weeks of the receipt of the notice. In default of payment the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar shall issue a certificate of non-satisfaction to the District Judge having jurisdiction over the place where the party concerned ordinarily resides or carries on business. The District Judge shall recover the costs, together with the costs of the notice, as in the case of a decree and remit the amount to the Registry at the expense of the party concerned.
24. If it subsequently appears that the amount so deposited by either party is insufficient, the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar shall estimate the additional amount required and give notice thereof to the party/concerned who shall thereupon deposit the amount within three weeks of service of the notice.
24A. If on completion of the paper-book it is found that the deposit is insufficient the balance shall be recoverable from the party concerned. The case shall be placed before the Court and it may pass such orders for recovery of costs as it thinks fit.
25. If the appellant fails to deliver his list or blank list under Rule 14 or to make the deposits required under these rules, the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar shall cause the case to be laid before the Court for orders under Order XLI, Rule 15-A, First Schedule, Code of Civil Procedure.
26. If the respondent does not enter an appearance or fails to deliver his list or to make the deposits required by the foregoing rules, the paper-book shall be prepared in accordance with the appellants' lists :
Provided that a respondent may subsequently be permitted by the Registrar to get the papers and documents required by him translated and included in the paper-book, if he makes an application for this purpose at any time before the case is placed on the monthly list. The charges for preparing the copies and translations under this proviso shall be one and half times, those prescribed in Rule 7.27. First appeals from orders. - The rule for the preparation of paper-books in appeals from original decrees shall apply mutaits mutandis, to the preparation of paper-books in first appeals from orders passed by subordinate Courts (including orders under Section 47 of the Code of Civil Procedure) with the modification that "two weeks" shall be substituted for "three weeks" in Rule 24. "In these appeals a paper-book shall ordinarily consist only of the papers mentioned in Rule 11-A."
28. Appeals from appellate decrees. - [In appeals from appellate decrees (to be heard by a single Judge) preparation of Paper-Book is dispensed with unless specially ordered by the Court. When so ordered by the Court the Paper-Book in appeals from appellate decrees shall consist of the following papers viz.,-] [Substituted vide M.P. Rajpatra Part IV (Ga). dated 20-10-1976.]
(a)(1) the plant;29. Second appeals from orders. - [(a) In Second appeals from orders (including orders under Section 47 of the Code of Civil Procedure remand order under Order XLI, Rule 23 of the same Code) the preparation of Paper-Books in such appeals (to be heard by a Single Bench) is dispensed with unless specially ordered by the Court the Paper-Book in such cases shall consist of,-] [Substituted vide M.P. Rajpatra Part IV (Ga), dated 22-10-1976.]
30. In appeals under Letters Patent the paper-book shall ordinarily consist of,-
31. Application for revision. - (a) In applications for revision the paper-book shall ordinarily consist of,-
32. Application for review of judgement. - In application for review of judgement the paper-book shall ordinarily consist of,-
33. When these rules direct or allow any act to be done by or any notice to be given to a party to the case, such act may be done by or such notice may be given to counsel appointed to act by that party.
34. The Registrar may enlarge the time prescribed by these rules for doing any act. The [Additional Registrar] [Inserted by Notification No. 45-I-9-3-37. dated 12-5-1976.] may also exempt any party from the operation of any of the above rules or may make such special order as he deems fit as to the preparation of paper-book in a particular case.
35. When a case is referred by a single Judge to a Division Bench or Full Bench, or by a Division Bench to a Full Bench the Registrar may give order as to the preparation of such extra paper-book as he deems necessary. The costs of such extra paper-book will not be recovered from the parties.
36. Notwithstanding anything contained in these rules, the Chief Justice may by a general or special order dispense with translation of documents in any case or classes of cases that may be pending in the High Court.
The Hon'ble Chief Justice is pleased to order that translation of documents in Hindi which are required to be included in paper-books shall be dispensed with except in the following :-Part II – Preparation of Paper-Books in Criminal Cases
1. When proceeding are submitted to the High Court under Section 374 of the Code of Criminal Procedure, the Registrar shall cause the record to be examined and if it is in order, he shall fix a date for hearing the reference and at once cause a paper-book to be prepared.
2. The paper-book shall ordinarily consist of,-
3. Four copies of the paper-book shall be prepared on white foolscap paper, only one side of the paper being used. Each paper-book shall be stitched together with a fly-leaf in the prescribed form with a table of contents with reference to the pages of the paper-book. Every tenth line of each page shall be numbered 10, 20, 30 and so on.
4. As soon as the paper-book is ready, one copy shall be sent to the Advocate-General, one copy to the prisoner's counsel and the remaining copies shall be retained for the use of the Court.
5. Paper-books shall be prepared in all criminal appeals and criminal cases admitted for hearing by a Division Bench. They shall be prepared and distributed in the manner prescribed in Rules 3 and 4 above and shall ordinarily consist of,-
6. In criminal appeals admitted for hearing by a single Judge a typed paper-book will not ordinarily be required but all documents, and statements, if in vernacular, shall be translated into English and the translation placed immediately after the originals in the record of the case. The Judge may, however, direct at the preliminary hearing of the appeal, the preparation of typed copy of any portion of a complete typed paper-book as in Rule 5.
7. Cases are usually taken up by the High Court in revision in the following ways,-
8. The paper-book in revision cases shall ordinarily consist of,-
9. (a) Where the Court orders the preparation of a paper-book in a criminal case at the cost of party, the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar shall fix the time within which the party or his counsel shall deposit money or do any act for implementing the order of Court and the charges shall be calculated at the rates prescribed for civil case.
9A. In all criminal appeals filed under Section 417 (3) of the Code of Criminal Procedure the Paper-Books shall be prepared at the cost of the appellants and all rules for the preparation of the Paper-Books shall apply mutatis mutandis.
10. Notwithstanding anything contained in these rules the Chief Justice may by a general or special order dispense with the translation of documents in any case or classes of cases that may be pending in the High Court.
Chapter IX
Judgement and Decree
1. Every judgement delivered and every order passed by the Court shall be recorded.
2. When a type script of a judgement or order has been prepared and is ready for signature, the judgement or order will be laid on the table of the Court Reader and will be available for inspection by parties and counsel appearing in the case. The judgement will be signed at the close of the sitting of the Court on the day following that on which the judgement or order is placed on the Reader's table. At any time before signature a party to the case or his counsel may appear and ask for the correction of clerical mistakes and omissions. Unless a party or counsel request to the contrary a judgement or order shall be pronounced by announcement of the result without reading the full judgement or order. The judgement or order shall bear the date of the day of signature.
[2A. (i) If a Judge sitting singly has heard a case at a Bench (Gwalior or Indore) but when his judgement/order is ready and he is not sitting there; he can deliver his judgement/order at the place where he is sitting and the judgement/order shall be then transmitted to the Bench where the case was heard.3. The Court Reader shall exhibit outside the Court Room a list of judgements or orders pending on his table under Rule 2 and will renew the list daily.
4. He shall also notify daily on the board in the tabular form given below the result of civil and criminal cases, decided by the Hon'ble Judges.
Table showing cases decidedOn....by the Single Bench presided over by the Hon'ble Mr. Justice/Division Bench consisting of the Hon'ble Mr. Justice and the Hon'ble Mr. Justice....| No. and class of the case | Name of Parties | District from which case arose | Result in brief | Remarks |
| 1 | 2 | 3 | 4 | 5 |
5. When an order of remand or reference is made the record shall be at once forwarded to the Court which has to obey the order.
6. Decrees shall be drawn up in English. The Decree shall be prepared by the Court Reader and submitted to the [Additional or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar within seven days of the delivery of judgement or order on which it is founded. The [Additional or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar shall after making such correction as he deems necessary exhibit a notice on the notice board that the decree has been drawn up and that any party to the decree or his advocate may within three days peruse the decree and sign it for file with the [Additional or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar a written objection (which need not bear a court-fee stamp) that the decree is not in accordance with the judgement or order upon which it is founded. The [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar may, on perusal of such statement, hear the party or his advocate and may correct the decree or over-rule the objection or may refer the matter to the Court for orders.
7. The [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar shall causes the court-seal to be affixed to all decrees and shall sign them, dating them with the date of pronouncement of judgement.
8. Under no circumstances shall any decree or order passed or made by a Judge or Judges be altered, varied or parted from in any particular in the office, except under any order in writing of the Judge or Judges who passed or made such decree or order, or except under an order made on appeal from such decree or order, or except under an order made upon an application authorised to be made under an order drawn up under rule.
9. Where any judgement or order of any Judge or Judges of the Court contains any recommendation for the alteration of the procedure in this Court or recommends to or suggests for the consideration of Government any alteration in law or in rules having the force of law, such judgement shall immediately after delivery be submitted to the Chief Justice.
9A. Copies of all decrees or final orders passed in pauper suits or appeals shall be transmitted without delay to the Collector of the District in which the Court passing the original decree is situated, to enable him to recover court-fee or to apply for orders for payment of court-fee.
10.
| Class of cases | Number of spare copies |
| All civil appeals and revisions | 3 |
| Criminal appeals in Session cases in which death sentence hasbeen confirmed | 5 |
| Criminal appeals in other Sessions cases | 4 |
| Criminal revisions from the decision of, or reference by,Sessions or Additional Sessions Judge | 4 |
| Criminal appeals and revision from decisions of Magistratesand reference by District Magistrate. | 2 |
| Miscellaneous Petitions. | 4 |
11. When a junior counsel appears with a senior counsel in order to indicate who actually argued the case, the name of the counsel who argued the case shall be mentioned first in the decree, e.g., if A is senior and B is junior and A argues the case the decree would read, "for appellant A and B" but when B has argued the case it shall read "For appellants/applicant B, with him A" Court Readers shall follow a similar procedure in making entries in the order-sheet.
12. The provisions of Section 2 (15) and Article 45 of Schedule 1 of the Indian Stamp Act, require a final decree in a petition suit to be written on a non-judicial stamp. Any such decree passed in this Court shall be so dealt with.
Chapter X
Copies
1. The copying section in the High Court is organised on the same lines as the copying section in the lower Court. The procedure laid down in Chapter 24 of the Rules and Orders (Civil) for the guidance of subordinate Civil Courts will with necessary modifications, be followed in dealing with applications for copies in the High Court. The registers and accounts of the copying section shall be maintained in accordance with the rules in Part III of Chapter 24 of the Rules and Orders (Civil) as far as may be with the modification that "Cashier" shall be substituted for "Nazir", "Assistant Superintendent' for "Clerk of Court"and "Deputy Registrar" for "Head of the Office" :
[Provided that no copy of the office notings or the reports not forming part of the judicial order-sheets made by the Registry office in the judicial record shall be given.] [Inserted by Notification No. 13-1-14-1/38, dated 26-3-1985.]Attention is particularly invited to Rules 517 to 523, extracts from which are reproduced below :-Extracts From Rules 517-523 of The Rules and orders (CIVIL) Referred In Rule 1517. Application for copies may be presented in person or by an agent or a pleader or sent by post to the Head-copyist of the office at the place where the record from which the copies applied for are to be made will eventually be deposited for safe custody. .......
Note. 1 - Copies of any number of documents on the same record may be applied for on one application.Note 2. - At headquarters station applications shall be received and copies delivered daily upto 2 and 4 p.m. respectively...Enquiries shall, however, be attended to through the usual office hours......518. Under Article 1 (a) Schedule II, Court-Fees Act, 1870 (VII of 1870) as amended, an application for a copy of judgement, decree or order a Civil Court or of any document on record in a Civil Court requires court-fee stamps of ten Naya Paise. If an application be sent by post without such stamp, the head copyist shall cause a stamp to be affixed and cancelled and debit the cost to the applicants, accounts.
519.
520. Every application for a copy shall state,-
521. On each application the head-copyist or the officer-in-charge shall endorse the date of its receipt and shall initial the endorsement. If the applicant is presented in person, the head-copyist shall immediately give a receipt in the prescribed form [No. 11-(a)-135] for the advance received with the application.
522. The fee for preparing copies shall be forty paise for every 240 words or fraction thereof, whether in English or in any Indian language. Copies acquired by officers of the Central or Provincial Government or by officers of the Government of Burma for Government purposes shall be made on plain paper, free of cost, provided that copies of any part of the record of a case to which the Secretary of State for India in Council is a party, when required by a Government office or pleader for purposes connected with the conduct of the case, shall be supplied on payment of the requisite fee. The fee is received by the head-copyist in cash and is utilised for purchasing court-fee stamps. Court-fee stamps of a value equal to the copying fee for the sheet are attached to every sheet of a copy.
523.
Chapter XI
Inspection of Records
1. Subject to the rules hereinafter contained an advocate enrolled in the Roll of Advocates of this Court may inspect the records of this Court and any party to a case or his recognised agent may inspect the records of that case, whether pending or disposed of, and need not for this purpose present an application or memorandum. Any other person desiring to inspect the record of a case whether pending or decided maybe permitted to do so on his presenting a memorandum showing the nature of the interest for the protection of which inspection is sought.
2. The inspection of records may be made by order of the Superintendent (Judicial Branch) in the Inspection Room, during office hours and under the supervision of the Inspection Clerk.
3. A Book called the Inspection Book shall be kept by the Inspection Clerk in the Form No. 11-(a)-131. Every person seeking inspection shall, prior to taking inspection, enter the necessary particulars therein.
4. The use of the pen and ink during inspection is strictly prohibited. Pencil and paper may be used, but no marks shall be made on any record or paper inspected. Any person infringing this rule may be deprived by order of the Court his right of inspection for such period as it may direct.
5. Except as provided in Rule 9, an inspection fee of [Rs. 10.00] [Substituted by Notification No. 23, dated 12-12-1997 (w.e.f. 1-1-1998).] an hour or fraction of an hour shall be charged for every record inspected. The record of a suit includes any execution proceedings or proceedings therein, particulars of which are entered in the appropriate column of the Inspection Book simultaneously with those of the suit but it does not include the original record of any appellate proceeding against out of suit or out of any proceeding therein.
6. Books and registers kept under the orders of the High Court are open to inspection by public. The procedure to be followed for such inspection shall be similar to that in Rules 2,3 and 4 above, so far as it can be made applicable, except that it shall not be necessary to state particulars showing the title to inspect.
7. The fee for inspecting books and registers shall be [Rs. 10.00] [Substituted by Notification No. 23, dated 12-12-1997 (w.e.f. 1-1-1998).] an hour or fraction of an hour occupied in the inspection irrespective of the nature or number of the books or registers inspected. The person seeking inspection must prior to making inspection make the necessary entries in the inspection Book.
8. Inspection fees shall be levied by means of court-fee stamps. The Inspection Clerk is forbidden to receive money. The Inspection Clerk shall affix the stamps in the column provided for it in the Inspection Book and cancel them in the manner required by Section 30 of the Court-Fees Act, 1870. The Superintendent shall see that the stamps are duly affixed and cancelled. These fees shall be prepaid and will in no case be refunded.
9. No inspection fee shall be charged for the inspection of records, books and registers by Government Law Officers or other persons duly authorised in this behalf for Government purposes or by an official of the Court of Wards for the purposes of that Court, for the inspection of the record of a case under the Indian Bar Councils Act pending either before the Tribunal of the Bar Council or the High Court when the inspection is made by a member of the Bar Council of this Court, or for inspection of a record, by anyone when the inspection is made at the request of the Court, or for the inspection of the record of a pending case by a party thereto or his recognised agent or counsel empowered to act on his behalf or for the inspection of a record in which the judgement has been marked "Approved for reporting" when the inspection is made by the agents of a Law Reporting Agency approved by the Chief' Justice, or for the inspection of the record in any case disposed of by the Court when the inspection is made by the agents of newspapers approved by the Chief Justice, or for the inspection of the records in the matter of any bank in liquidation by an officer appointed by the Reserve Bank of India.
10. It shall be the duty of the Inspecting Clerk to see that no alterations are made in or papers abstracted from a record, and that it is returned in its original condition when the inspection is over. He shall permit none but the applicant himself to inspect the record or to take notice or extracts. The inspection must be completed and the record returned within the office hours of the day on which the record was taken out for examination.
11. If the applicant fails to make inspection, within one week from the date, on which inspection was ordered, the order shall lapse and no further inspection shall be allowed without a fresh application.
12. When the record of a criminal case is given for inspection to a Legal Practitioner or party, the Police case-diary and the translation thereof should invariably removed from the file. Parties and counsel shall not be allowed to have access to these documents.
13. Each disposal of record will remain open for inspection free of charge by the party or counsel for 6 days after the date of delivery of the judgement or order in that case.
Chapter XII
Deposit and Withdrawal of Money
1. The Cashier is the official appointed to receive all payments or deposits made in the High Court unless such payment or deposit is by any order of the Registrar required to be made to any other official. All other officials of the Court are, except with the specific permission of the [Additional] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Registrar forbidden to receive money.
2. Persons desiring to deposit fees or security in connection with appeals to the Privy Council or to the Federal Court shall present a memorandum to the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar (Judicial) giving particulars of the sum to be deposited, the purpose of deposit and the case in connection with which the deposit is made. The [Additional Registrar or] [Inserted by Notification No, 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar (Judicial) shall where the deposit is proper, endorse on the memorandum an order to the Cashier directing him to receive the amount and return the memorandum to the depositor. The later will take memorandum and the deposit to the cashier.
3. Paper-books costs may be deposited by a party or his agent or by his counsel or that counsel's recognised Clerk and by no other. The depositor shall present to the estimator a memorandum giving particulars of the sum to be deposited, the date by which deposit is due and particulars of the case in connection with which the deposit is made. The Estimator shall endorse on the memorandum whether the amount is in time and whether the deposit tendered is the full amount required, and shall return the memorandum to the depositor. The depositor shall thereupon take the memorandum to the Assistant Superintendent who shall verify the Estimator's report and direct the Cashier to receive the amount of deposit. The Cashier shall receive deposits daily upto 3.30 p.m.
4. Part payment of paper-book costs will not be accepted. If therefore, the Estimator's endorsement certifies that the sum to be deposited is not the full amount required, the Cashier shall decline to accept it and shall endorse the fact on the memorandum and return it to the depositor.
5. If the date of tender is beyond the time allowed, the Cashier shall accept the money subject to any orders of the Court on the matter shall make the necessary entries in his Register and endorse the fact of deposit on the memorandum.
6. If the amount tendered is the full amount and is within time the Cashier shall accept it, make the necessary entries in his register and endorse the fact of deposit on the memorandum.
7. When the deposit has been accepted the Cashier shall forward the memorandum to the Estimator who shall file the memorandum in the record of the case and in cases falling under Rule 5, take the steps necessary to obtain the requisite orders.
8. The Cashier is instructed to give a receipt from the receipt book in Form XXII-61 for all sums of the money paid to him. Members of the public depositing money should see that a proper receipt is obtained.
9. A person desiring the refund of an unexpended balance of paper-book shall present a written memorandum giving particulars of the deposit and the balance to be withdrawn to the Assistant Superintendent paper-book Branch. The latter shall be obtain the report of the Cashier whether the amount is in deposit and whether the applicant is entitled to refund. If the applicant is not personally known to the Assistant Superintendent he shall be identified by two respectable persons known to the Superintendent. The Assistant Superintendent shall after verifying the report of the Cashier, endorse on the memorandum his certificate that the refund is proper and that the applicant is either personally known to him or is identified by two responsible persons, whose name shall be stated in the endorsement, who are personally known to him and shall obtain the orders of the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar for the refund of the amount. On receipt of the [Additional Registrar or] [Inserted by Notification No. 45-I-9-3-37, dated 12-5-1976.] Deputy Registrar's order the memorandum will be presented to the Cashier who will prepare the necessary vouchers in Form 11(a)-137, make the refund and endorse on the memorandum the fact of refund. If the amount to be refunded has lapsed to Government, the Cashier shall prepare a refund application in the prescribed form and deliver it to the applicant for presentation at the Treasury, the prior sanction of the Accountant General being obtained in all cases where the amount of the lapsed deposit exceeds Rs. 5/-. The memorandum will then be returned to the Assistant Superintendent and will be filed with the record of the case.
10. No refund of a deposit made by or on behalf of a party will be made to advocate unless it is accompanied by a power of attorney empowering the advocate to withdraw the deposit or by a declaration to the effect that the advocate is empowered to receive the deposit on behalf of his client by virtue of the power filed by him in the case.
11. A person desiring the withdrawal of a sum deposited in connection with a Privy Council case may do so by a properly stamped application addressed to the Court.
Chapter XIII
Destruction of Records
The following rules in this chapter for the destruction of records in the High Court of Judicature at Nagpur have been made under Section 3 (2)(a) of the Destruction of Records Act, 1917 (V of 1917), by the High Court of judicature at Nagpur in supersession of all the previous rules on subject and have been approved by the Provincial Government.1. Each record shall be divided into two files, which shall be called File A and File B.
2. Each paper, as it is filed, shall be entered in the index which is put with record of every case on its institution and shall be marked with the letter A or B for the purpose of indicating whether it belongs to File A or B.
I. Civil Records3. File a shall consist of the following papers :-
(a)in original suits or papers other than those which are included in the D file of subordinate Civil Court;(b)in all other civil proceedings the following :-4. File B in all civil proceedings shall consist of all papers not indicated above as belonging to File A, provided that the Court may direct that any paper or class of papers which would otherwise belong to File B shall be placed in File A.
Note. - The following papers are indicated for facility of reference as belonging to File B :-5. Papers in File A, with the exception of following papers which shall be retained permanently, shall be retained for twelve years from the date of judgement and shall then be destroyed :-
6. Papers in File B in cases not appealed to His Majesty in Council shall be retained for one year and then destroyed. In cases appealed to His Majesty in Council they shall be retained until the final orders on the appeal are communicated to the Court and shall then be destroyed.
Destruction of the surplus copies of the printed paper-book referred to in item 30 of Rule 4, shall be undertaken one year after the receipt of the judgement and order of the Supreme Court without any reference to litigants apply to the Registrar through their Advocates for the return of such copies, they may be returned to such Advocate, provided that the application for return is made at least one calendar month before expiry of the aforesaid period. No notice to take back such copies will be issued from the High Court.7.
8. File A in Criminal Appeals, References and Revisions shall consist of the following papers :-
9. File B shall consist of all papers in the record not indicated above as belonging to file A, provided that the Court may direct that any paper or class of papers, which would otherwise belong to File B, be placed in File A.
10. The periods for which file A of the records of Criminal Appeal and Revisions shall be preserved shall be as follows :-
11. Papers in File B shall be retained for one year from the date of judgement and shall then be destroyed unless the Court otherwise directs.
General Rules12. The destruction of all records and papers shall be by burning in the presence of the Record Keeper under the supervision of the [Additional Registrar or] [Inserted by Notification 45-1-9-3-37, dated 12-5-1976.] Deputy Registrar [or by shredding or by such other mode as the Registrar may deem proper] [Inserted by Notification No. 20 (w.e.f. 1-5-1995).].
13. The Record Keeper shall when putting papers aside for destruction, mutilate all court-fee stamps attached to them in such manner that it shall be impossible to use them again.
14. No records shall be destroyed without the previous sanction of the Registrar, and the fact of the destruction of any record shall be noted in the "Register of Records Destroyed" maintained by the Record Keeper of the Court.
15. Elimination of B files of records shall be done month by month by examining the records of the their thirteenth month back. As far as possible similar monthly examination of the A file should be made, work on these being brought up to date by the end of vacation.
Chapter XIV
The Preservation and Destruction of Registers
1. A Register of Registers deposited in the Record Room will be kept in Form No. 79 on Schedule II.
2. The Register shall consist of two parts, viz.:-
3. Part II shall be divided into sections as follows :-
Section A-Registers to be preserved for 35 years.Section B-Registers to be preserved for 14 years.Section C-Registers to be preserved for 12 years.Section D-Registers to be preserved for 6 years.Section E-Registers to be preserved for 3 years.Section F-Registers to be preserved for 1 years.4. Part I and each section of Part II shall be divided into divisions, a separate division being opened for each different kind of register. A separate series of numbers shall be given to the registers entered in each division. Care should be taken to ensure that the space allotted to each division is such that the page belonging to each division will be completely filed in approximately the same length of time.
5. Part I and Part II shall be separately paged throughout and a table of content shall be made at the beginning of the part showing which pages are allotted to each section and to each kind of register.
6. On receipt in the Record Room a register will at once be entered, in the appropriate division of Part I or Part II as the case may be.
Part I – List of Registers to be preserved permanently
1. Register of Suits.
2. Register of First Appeals.
3. Register of Second Appeals.
4. Register of Miscellaneous Appeals.
5. Register of Letters Patent Appeals.
6. Register of Civil Revisions.
7. Register of Miscellaneous Civil Cases.
8. Register of Criminal Appeals.
9. Register of Criminal Revisions.
10. Register of Sentences of death, submitted for confirmation.
11. Register of Records desh'oyed.
12. Register of Recognised clerks of Advocates.
13. Office Order Book.
Part II – List of Registers to be eliminated after the expiry of a prescribed period
Description of RegistersSection A (35 Years)1. Register of Civil Court Deposit Receipts.
2. Register of Repayment of Civil Court Deposits.
Section B (14 Years)1. Cashier's (General Cash Account).
Section C (12 Years)1. Book of Deposit Repayment Vouchers.
2. Correspondence Registers.
3. Cashier's Account Book.
4. Register of Elimination of Records.
Section D (6 Years)1. Head Copyist's Register of Application for copies.
2. Head Copyist's Detailed Account Book.
3. Head Copyist's Account Book.
4. Head Copyist's Duplicate Receipt Book.
5. Challan-Book of money sent into the Treasury.
6. Remittance List.
7. Register of monthly Business Statements.
8. Register of Miscellaneous criminal cases.
9. Register of Records received from the Lower Courts.
10. Register of Records despatched.
11. (Cashier's) Book of receipt for money.
12. Register of progress of cases in the pending and paper-book Branches (Civil).
13. Head Copyist's Pass-Book A and B.
14. Head Copyist's List of unexpected advance.
15. Estimator's Register of Estimates prepared.
Section E (3 Years)1. Register of Inspection of Records.
2. Copying Branch Register of daily disposals.
3. Book of Requisition for Records (Civil and Criminal).
4. Register of work done daily in the copying section.
5. Book of intimation to Lower Court of admission of appeal.
6. Book of acknowledgement of Records returned.
7. Register of applications received by post.
8. Register of process issued.
9. Register of progress of cases in the pending and paper-book Branches (Criminal).
10. Consolidated Register of Bills of Costs for paRer-books.
11. Register of records deposited in Record-Room.
Section F (1 Year)1. Attendance Roll.
2. Disposal Ledgers.
3. Register showing work done daily by the Privy Council Clerk.
4. Register showing work done daily by each sectioner in the Privy Councilear Copying Sections.
5. Cause Book of Petitions.
6. Register of receipts and issues of Forms.
7. Register of work done daily in the Copying Section.
8. Register showing preparation of Records of cases for transmission to His Majesty in Council.
9. Register of distribution of work in the Translation Section.
10. Register of work done by Translators.
11. Register of work done by Notice Clerk.
12. Register of work done by Estimators.
13. Register of daily out-turn of typist in the Paper-Book Branch.
14. Consolidated Register of work done daily by each Translator.
Note. - Any other registers and papers of ephemeral nature for the preservation of which no specific period has been prescribed shall be destroyed at the end of one year.Chapter XV
Rules Relating to Appeals to The Supreme Court
[Notification No. Q/Scc/II-12-8-59, dated 5th November, 1977.] [Published in the M.P. Rajpatra, Part IV (Ga), dated 3-3-1978.] - In exercise of the powers conferred by Article 225 of the Constitution of India read with clause 27 of the Letters Patent and all other powers hereto enabling, this High Court has made the following rules to regulate the procedure for the admission of appeals to the Supreme Court of India, and for the preparation and transmission of records of such appeals, in supersession of all previous rules on the subject.1. (a) These rules may be cited as "Rules relating to Appeals to the Supreme Court of India."
2. In these rules, unless the context otherwise requires,-
3. (i) Whoever desires to obtain a certificate for appeals to the Supreme Court shall apply petition to the Court for such certificate. Such petition shall comply with the provisions of Rules 2 and 3 of Chapter 4 of the Rules of the High Court.
4. If the Court grants Rule upon the petition, the Registrar shall issue a notice in Form No. 1, of Schedule A appended to these rules on payment of prescribed fee calling upon the opposite party to show cause, within a period of time after the service of notice to be prescribed by the Registrar, why the certificate as prayed for should not be granted.
5. Upon the Court making the Rule absolute a certificate shall be issued in Form No. II or No. Ill of Schedule A appended to these rules as the case may be.
6. In view of Rule 5 of Order XLVII of the Supreme Court Rules, 1966 no application for consolidation of appeals will be entertained by this Court.
7. An application for amendment of the record of the appeal by adding or substituting parties will not be entertained by this Court after the date of the order granting the certificate. The parties desiring such amendment shall be required to move the Supreme Court in that behalf.
8. When a party has been represented at hearing of the appeal by an Advocate, unless the Vakalatnama of such Advocate has been cancelled with the sanction of the Court, or the Court otherwise directs such Advocate shall accept service of the Notice in the following cases, and the service of Notice in such cases on the Advocate shall be deemed sufficient notice :-
9. On receipt from the Supreme'Court of the copy of the petition of appeal the Registrar shall:-
10. (i) Where proceedings from which the appeal arises were had in Courts below in English, the Registrar shall, as soon as a copy of the petition of appeal is received from the Supreme Court call upon the appellant (vide Form No. VI, Schedule A) to deposit in this Court the necessary amount to cover the costs of transmission of the original record of the case including the record of Courts below to the Supreme Court. Upon the appellant's depositing the amount, if record of the Court below is in the High Court the Registrar shall forward to the Supreme Court the same alongwith the record of the case in those Courts direct to the Supreme Court below is not in the High Court the Registrar shall direct the Courts below to transmit the records of the case in those Courts direct to the Supreme Court under intimation to this Court. The Registrar shall also forward to the Supreme Court the record of the case so far as it pertains to the appeals in the High Court.
11. (i) Where the proceedings from which the appeal arises were had in Courts below in language other than English, the Registrar shall, as soon as a copy of the petition of appeal is received from the Supreme Court, secure the record and proceedings of the case from the Court below, if the same are not already in the High Court, and, as soon as the same received in the High Court, shall issue notices to the parties calling upon them to inspect the record and proceedings of the case if they so desire.
12. After the expiry of the time fixed for the filing of the list of additional documents by the respondent, the Registrar shall fix a day for the settlement of the list (heretoinafter referred to as the Index) of documents to be included in the transcript of the record of the appeal. In settling the index, the Registrar as well as the parties concerned shall endeavour to exclude from the record all documents that are not relevant to the subject-matter of the appeal and generally to reduce the bulk of the record as far as practicable.
13. Where the respondent objects to the inclusion of a document on the ground I hat it is not necessary or is irrelevant and the appellant nevertheless insists upon its inclusion, the transcript of the record as finally prepared shall, with to view to subsequent adjustment of costs of or incidental to the printing of the said document, indicate in the index of the paper-book or otherwise the fact that the respondent his objected the inclusion of the document and that it has been included at the instance of the appellant.
14. Where the appellant objects to the inclusion of a document on the ground that it is not necessary or is irrelevant and the respondent nevertheless insists upon its inclusion, the Registrar, if he is of the opinion that the document is not relevant may direct that the said document be included separately at the expense of the respondent and require the respondent to deposit within such time as he may prescribe the necessary charges therefor. If the amount so deposited is found insufficient the Registrar may call upon (vide Form VI, Schedule A), the respondent to deposit additional amount or amounts within such further time as he may deem necessary. The question of costs thereof will be dealt with by the Supreme Court at the time of the determination of appeal.
15. As soon as the index of the record is settled the Registrar shall cause an estimate of the costs of the preparation of the transcript of the record (and of printing or cyclostyling the record where it is required to be printed or cyclostyled) to be prepared and served on the appellant and shall require him (vide Form VI, Schedule A) to deposit within thirty days of such service the said amount, such costs shall include the costs of translation also. The appellant may deposit the said amount in lump-sum or in such instalments as the Registrar may prescribe.
16. If at any time during the preparation of the transcript of the record (or of printing or cyclostyling the record. Where it is required to be printed or cyclostyled) the amount deposited is found insufficient the Registrar shall call upon the appellant (vide Form No. VI, Schedule A) to deposit such further sum as may be necessary within such further time as may be deemed fit, but not exceeding 28 days in the aggregate.
17. Where appellant fails to make the required deposit, the preparation of the transcript of the record (and the printing of the transcript of the record, where the same is required to be printed or cyclostyled) shall be suspended and the Registrar shall not proceed therewith without an order in this behalf of this Court; the Court may give such accommodation in the matter of time for making the deposit as it deems proper and if the appellant continues the default inspite of the order of this Court, the Registrar shall obtain an order from the Court for reporting the default to the Supreme Court and report accordingly.
18. (i) The Registrar shall, within six months from the date of the service on the respondents of the notice of the petition of appeal, transmit to the Supreme Court in triplicate a transcript in English of the record proper of the appeal to be laid before the Supreme Court, one copy of which shall be duly' authenticated by appending certificate to the same under the seal of this Court and his signature. If for any reason the same cannot be transmitted within the period of six months mentioned above, the Registrar shall report the facts to the Supreme Court and obtain necessary extension of time for transmitting the same.
19. The Registrar shall give notice to the parties of the certification and transmission of the printed or cyclostyled record when it is required to be printed or cyclostyled in Form No. IX of Schedule A of these rules/and thereafter send a certificate to the Supreme Court as to the date or dates on which the notice has been served on the parties in Form No. X of Schedule A of these rules.
20. (i) Unless the Supreme Court so directs the record shall not be printed or cyclostyled in this Court.
21. (i) For preparing the transcript of record (and for printing and cyclostyling the record, where it is required to be printed and cyclostyled) fees shall be charged on following rates :-
| (a) | An estimating fee of Rs. 16 in court-fee labels shall be paidby the appellant along with the list of documents filed underRule 11 (ii). | |
| (b) | Translating Hindi, Urdu or Marathi portions of record. | Re. 1 for every 100 words or part thereof. |
| (c) | Examining Hindi, Urdu or Marathi portions of record alreadytranslated. | 50 paise for every 100 words or part thereof. |
| (d) | Translation of portions of record in other languages. | Rs. 1.50 paise for every 100 words or part thereof. |
| (e) | Examining portion of record in other languages alreadytranslated. | 75 paise for every 100 words or part thereof. |
| (f) | Copying of documents for preparation of the transcript of therecord. | 25 paise for every 100 words or part thereof, (for fourcopies). |
| (g) | Comparing copies of documents for the preparation oftranscript of the record. | 5 paise for every 100 words or part thereof. |
| (h) | Writing Head-Notes to documents in the transcript of therecord. | 10 paise for each head note. |
| (i) | Preparation of Index. | 10 paise per item. |
| (j) | Examination of proofs where the record is required to beprinted or cyclostyled. | 50 paise for every printed or cyclostyled page. |
| (k) | Certifying of transcript of the record or of printed orcyclostyled record by the Registrar. | Re. 1 for every 10 pages or part thereof. |
| (l) | Printing charges. | Actual cost not exceeding Rs. 7 per page. |
| (m) | cyclostyling charges. | Rs. 2 per page or part thereof. |