Andhra Pradesh High Court Appellate Side Rules
CHAPTER I
Constitution of Benches
Single Judge
The following matters may be heard and determined by one Judge: provided that the Judge before whom the matter is posted for hearing may, at any time, adjourn it for hearing and determination by a Bench of two Judges:
(1) Every application--
(a) for determining in which of several Courts having jurisdiction a suit shall be heard :
(b) for the admission of an appeal in forma pauperis ;
(c) under Section 115 of the Code of Civil Procedure, 1908, and under Section 25 of the Provincial Small Causes Courts Act (IX of 1887);
(d) of an interlocutory character in appeals and other matters pending in the High courts except such of the applications as are posted before the Registrar for orders as to
Application for a direction, order, or writ in the nature of hebeas corpus shall be posted before a Bench of two Judges].
Bench of Two Judges
The following matters may be heard and determined by a Bench of two Judges:
Provided that if both Judges agree that the determination involves a question of law they may order that the matter, or the question of law, be referred to Full Bench:--
(1) Every application petition, suit or appeal--referred by a Bench of one Judge.
(2) Every appeal
(a) from the decree or order of a civil Court except those mentioned in Rule 1;
(b) from the judgment of a Criminal Court in which sentence of death or imprisonment for life has been passed on the appellant or on a person tried with him;
(3) Every reference--
(a) from a civil Court;
(b) for the confirmation of a sentence of death
(4) Every application--
<When a question of law is referred to a Full Bench, the Full Bench may finally decide the case or return it with an expression of its opinion upon the question referred for final adjudication by the court which referred the question, and in case of necessity in consequence of the absence of any or either of the referring Judges, for the ultimate decision of another Court.
Notwithstanding anything hereinbefore contained to the contrary the original and appellate jurisdiction vested in the High Court may, during the vacation of the Court, be exercised by single Judge acting as the Vacation Judge, except in cases in which such jurisdiction must be exercised, under any law or regulation made by the Union Government, by more than one Judge.
A Full Bench shall be a Bench of any number not less than three of the Judges for the time being present as Judges of the Court.
Anything in the foregoing rules to the contrary notwithstanding the Chief Justice may direct that any application, petition, suit, appeal or reference shall be heard by a Full Bench as defined in these rules.
[x x x] Omitted.
Every enquiry under Clause 10 of the Letter Patent, 1865, shall ordinarily be heard and determined by a Bench of these Judges.
[x x x] Omitted.
Note:- References under the Indian Divorce Act IV of 1869 and under Sections 57 and 60 of the Indian Stamp Act II of 1890 must be posted before a Division Bench of atleast three Judges.
CHAPTER II
Officers of the Court
The powers and authorities which, under these or other rules or the practice of the High Court, are exercisable by the Registrar (except) such as may, from time to time, be expressly excepted by the Chief Justice, may be exercised by the Deputy Registrar, or by the Assistant Registrar, Appellate Side.
Where any duty to be discharged, under the Code of Civil Procedure, or these rules, or any other enactment or rules, is a duty which has heretofore been discharged by any officer, such duty shall, unless and until otherwise ordered, continue to be discharged by the same officer, or by such other officer as the Chief Justice may by order direct; and where any new duty is to be discharged, the proper officer to discharge the same shall be such officer as the Chief Justice may, from time to time, direct.
In addition to the powers conferred by other rules, the Registrar shall have the following duties and powers, subject to any special or general order made by the Chief Justice:--
(i) (1) To receive all appeals, petitions and other proceedings;
(2) To require any memorandum of appeal, petition, application or other proceedings presented to the Court or to Registrar to be amended in accordance with the procedure or practice of the Court or to be represented after such other requisition, as the Registrar is empowered to make, has been complied with: Provided that the Registrar shall, when so required, refer the matter to the Court.
(3) To admit all appeals against the decrees or orders of civil Courts and to issue notice to the respondents therein provided that after the admission.
(a) in
The Chief Justice may, by general or special order, confer upon the Registrar power to hear and determine the classes of applications set forth below:
Provided that the Registrar while exercising such powers, at his discretion, may refer any such application before him for the decision or the Court;
Provided also that at the request of any party dissatisfied with the decision of the Registrar, the Registrar shall post the matter for the order of a Bench of one Judge.
Powers Conferred on the Additional Registrar under Rule 12-A
In exercise of the powers conferred by Rule 12-a of the Rule of the High Court of Judicature, Andhra Pradesh Appellate Side, the Honourable Chief Justice is pleased to confer upon the Additional Registrar, High Court until further orders, the powers to hear and determine the classes of applications set forth below:--
(
The Andhra Pradesh High Court Appellate Side Rules govern the procedural aspects of appeals, revisions, and other causes before the High Court. Rule 12-A specifically relates to the certificate of judgment copies and their use in computing limitation periods, ensuring procedural clarity and uniformity in filing and executing appeals and related proceedings.
Rule 12-A of the Andhra Pradesh High Court Appellate Side Rules states that a carbon copy of a judgment issued by the High Court office can be treated as a certified copy for the purpose of computing the period of limitation. It clarifies that such copies, when issued under the authority of the Court, are deemed certified copies, and the time taken to obtain them should be excluded from the limitation period.
This rule applies to all proceedings before the High Court, including appeals, revisions, and other causes where a copy of the judgment or order is required for filing or compliance. It standardizes the process of obtaining copies and ensures that delays in procuring certified copies do not adversely affect the limitation period.
There is no specific punishment prescribed under Rule 12-A. However, non-compliance or misuse could lead to procedural delays or adverse orders in proceedings. The rule primarily facilitates smooth functioning and prevents technicalities from causing injustice due to delays in obtaining copies.
In summary, Rule 12-A of the Andhra Pradesh High Court Appellate Side Rules facilitates the use of official carbon copies as certified copies for limitation purposes, thereby streamlining appellate and procedural processes, reducing delays, and ensuring judicial efficiency and fairness.
The time prescribed under these rules for the doing of any act shall be extended only on application made by a stamped petition and the Registrar, shall wherever he considers it necessary, be at liberty to call for the production of a certificate showing the date on which the cats prescribed by the rules were done or should have been done, which certificate will be granted by the Deputy Registrar upon payment of a fee of Rupee two in Court fee stamp.
The following duties under Rule 12-B of the Appellate side Rules will be performed by the officers mentioned below:--
Printing charges
Assistant Registrar:- Extension of ten days on informal application with a Court-fee of Rupees two.
Deputy Registrar:- Extension of more than ten days on formal application with a Court-fee of Rupees two and the Deputy Registrar’s certificate.
Pointing out
CHAPTER III
Practitioners
Advocates, Vakils and Attorneys of the High Court are entitled to practice in any of the Courts subordinate to the High Court.
Attorneys of the High Court may appear, plead and act for the suitors of the Court in all matters of appellate jurisdiction, Civil or Criminal (except in appeals from cases of Original Civil Jurisdiction).
When a practitioner, retained to appear for any party to an appeal or other case in the High Court, is prevented by sickness or engagement in another Court or other reasonable cause from appearing and conducting the case of his client, he may appoint another practitioner to appear for him, unless his client has expressly stipulated that he should not do so: and the Court, if it sees no reason to the contrary, may allow the hearing to proceed in the absence of the practitioner originally engaged.
Except when specially authorised by the Court, or by consent of the party a pleader who has advised in connection with the institution of a suit, appeal or other proceeding, or has drawn pleadings in connection with any such matter, or has, during the progress or any such suit, appeal or other proceeding, acted for a party, shall not, unless he first gives the party for whom he has advised, drawn pleadings or acted, an opportunity of engaging his services, appear in such suit, appeal or other proceeding, or in any appeal, or application for revision therefrom, or in any matter connected therewith, for any person whose interest is opposed to that of his former client :
Provided that the consent of the party shall be presumed, if he engages another pleader to appear for him in such suit, appeal or other proceeding without offering an engagement to the pleader whose services be originally engaged.
Explanation
An advocate proposing to file an appearance in an appeal of other proceeding in which there is already an advocate on record, may not do so, unless he produces the written consent of the advocate on record, or, where the consent of such advocate is refused, unless he obtains the special permission of the Court.
No person shall be recognised as the gumastah of a practitioner unless his name has been entered with the permission of the Registrar in register kept for that purpose.
Registered gumastahs may communicate personally regarding suits, etc., with the Manager, Bench Clerk’s Department, Manager, Translation and Printing Department, the Assistant Registrar, Judicial Department, the Superintendent of Copyists and the Accountant, but they shall not communicate with the other subordinates of the establishment nor enter the record room.
No information shall be furnished to a gumastah unless he produces a written memorandum signed by a practitioner.
Gumastahs may, with the permission of the Deputy Registrar, correct any clerical error in a petition, such as the name of a party, the number of the suit or the like, but such correction shall be made in the presence of the Deputy Registrar and shall be initialled by him.
No advocate or attorney of the High Court shall be entitled to act in any civil case unless he files a vakalatnama in the form appended hereto. The vakalatnama shall authorise the advocate or attorney to appear in the appeal, petition or other proceedings including all interlocutory or miscellaneous proceedings connected with the arising out of the same matter and also in appeals under Clause 15 of the Letters Patent and in applications for review and for leave to appeal to the Supreme Court. The Government pleader or other pleader appearing on behalf of the Government or on behalf of any public servant sued in his official capacity shall not be required to file any document empowering him to act.
Appellant/Respondent/Petitioner in the above Appeal/Petition do hereby appoint and retain Advocate/Attorney of the High Court to appea
No advocate or attorney of the High Court who has been engaged for the purpose of pleading only shall plead on behalf of any party unless he files in Court a memorandum of appearance signed by himself and stating--
(a) the names of the parties to the appeal or petition;
(b) the name of the party for whom he appears; and
(c) the name of the person by whom he is authorized to appear :
Provided that nothing in this rule shall apply to any advocate or attorney engaged to plead on behalf of any party by any other advocate or attorney who has been duly appointed to act in Court on behalf of such party.
The vakalatnamah shall be executed or its execution attested before some judicial functionary, or a Village Munsif, or Gazetted Officer, or the Assistant Registrars or Managers of the High Court, Appellate Side, or Commissioners for Oaths, or before a member of the Lok Sabha or the Rajya Sabha or the Legislative Assembly of the State, or a retired gazetted officer receiving pension from Government, or the Manager of the Office of Board of the Commissioners for the Hindu Religious Endowments, or any Superintendent or Inspector working under the Board, or a member of a District Board or a Panchayat constituted respectively under the Madras District Boards Act, 1920 and the Madras Village Panchayats Act, 1950, or a Municipal Councilor or an advocate other than the advocate in whose favour the vakalatnamah is executed or in the city of Hyderabad before any sub_Registrar. The judicial functionary, gazetted officer of other officer or person authorized to attes
[x x x] Omitted.
Where the party is exempted from personal attendance in the Courts or unable from sickness or other cause to attend, the execution of the vakalatnamah may be verified by the attesting witnesses in the presence of the judicial functionary.
Every vakalatnamah shall be dated at the time of its execution.
An advocate or attorney shall endorse his name and the date of his endorsement on his vakalatnamah.
Vakalatnamahs and affidavits, etc., written on paper of insufficient stoutness and durability will not be received by the High Court.
Vakalatnamahs, notice of appearance, etc., sent into the Registrar’s Office shall state clearly the names and description in the record of the parties on whose behalf Counsel, etc., appear, vakalatnamahs and notices of appearance not containing the required information will be returned for amendment.
A party who has retained an advocate or attorney to appear for him in a civil case shall not be heard in person unless he first withdraws the vakalatnamah.
Where a person is a party in two or more connected Suits, Appeals or Petitions, he shall execute a separate vakalatnamah, in each case, notwithstanding that he may retain the same pleader in all.
Every appointment of an advocate or attorney shall be endorsed with a statement of the address of service of the advocate or attorney, and the endorsement shall be signed by him. If more than one advocate or attorney are named in the vakalatnamah, it should be endorsed with a statement of the address of only one advocate or attorney and signed by him.
An advocate or attorney authorized by a party to receive money on his behalf shall produce a vakalatnamah expressly giving him this authority.
Save by special leave of the Court and except in the case of a legal practitioner appearing on behalf of the Government or of an incapacitated proprietor who is a ward of the Court of Wards, no fee shall in any case be entered as recoverable in a decree or order except on production within seven days from the date of the judgment or order or such further period as may be allowed by the Court, of a certificate from the legal practitioner that he has received such fee.
Explanation:- The fact of a promissory note or other agreement to pay the fee having been given or made by the client does not entitle the legal practitioner to certify that he has received his fee.
All appeals, petitions and other proceedings shall be presented in person by the appellant or his pleader or the pleader’s registered clerk. The memorandum of appeal shall be accompanied by as many authenticated copies on plain paper of the memorandum of appeal as there are respondents to be served and another such copy in addition for the Court record, and two authenticated copies of the decree of the Court against which the appeal is presented on plain paper besides the certified copy required to be filed under Rule 1 of Order XLI of the First Schedule to the Code of Civil Procedure, provided that the Register may dispense with such portions of the decree which are only schedules and which are not in English, by the fees prescribed for service of notice on the respondent, by the particulars for service of the same set out as in Form I of Appendix IV
In appeals, petitions or other proceedings from the orders of the lower Courts filed in High Court before disposal of the main proceedings in the lower Courts, copies if relevant affidavits and counter-affidavits in the said main proceedings as the case may be relating to such appeals, petitions or other proceedings shall also be filed along with the papers mentioned in Rule 34.
No proceeding or communication received by post or telegram shall be accepted :
Provided that any application to the High Court by a person who is in prison and has not appointed an advocate or attorney on his behalf, may be presented to the Officer-in-charge of the jail, who shall, thereupon forward such application to the High Court”. [ROC 145/66-B1]
Every memorandum of appeal and no objection shall contain a statement of the value of the appeal or objection for the purpose of the Court Fees Act.
In appeals and petitions which, under the rules and practice of the High Court, have to be posted before a Bench or two Judges for hearing, and which are not printed, the practitioners should furnish at the time of filing an additional set of papers for the use of the second Judge.
(1) Every memorandum of appeal or petition which is presented after the expiration of the time limited by law and the petition for extension of time required by Order XLI, Rule 1(3), Schedule I of the Code of Civil Procedure shall be posted together before a Single or a Bench of two Judges, as the case may be; and where notice is ordered to the respondent, the appellant shall within three days of such order bring into Court the notice prescribed by Rule 45 together with the fee prescribed for service of such notice and as many copies of the petition and affidavit as there are parties to be served and the petition shall be posted for hearing before a single Judge or a Bench of two Judges, as the case may be, not less than 14 days after the service of notice on the respondent.
(2) Every memorandum of appeal or petition which is presented after the expiration of the time limited by law shall be accompanied by an affidavit explaining th
Notice of the date of hearing of an appeal form an appellate decree or order, posted before a Bench of two Judges from hearing under Order XLI, Rule 11, read where necessary with Order XLII or Order XLIII, shall be given by posting a list of appeals to be so heard on the notice board of the Court.
Where in an appeal appearance has been entered by the Advocate for the respondent or respondents before notice of the appeal is served on him or them, copy of the notice shall be taken by the Advocate from the Notice Section of the Office of the Registry within one month from the date of his duly entering appearance. Such notice shall be a notice for the purpose of sub_rule (2) of Rule 2 of Order XLI-A, Civil Procedure Code.(Subs. by ROC NO.699/SO/92, High Court of A.P.dt. 13-8-1993)
Unless otherwise ordered cases posted on the notice board of the Court as ready for hearing shall not be transferred to the daily cause list for hearing by the Court until the expiration of the following periods from the date of such posting
For first appeals 14 clear days.
For appeals posted under Rule 38 3 clear days.
For all other appeals and matters 7 clear days.
Posting of cases in the Daily Cause List
(1) Subject to any orders to the contrary, cases transferred from the rough list or from another fair Cause List, or coming on after adjournment shall be posted at the bottom in the Daily cause list for hearing arranged in the order in which they were filed in the Court.
(2) The following cases shall be given precedence in the Cause List:--
(a) Cases in which the hearing has been directed to be expedited or advanced.
(b) Part-heard cases and cases in which reports have been called for or findings have been submitted.
(c) Cases which have been directed by Court to be posted to a further date or on the expiry of a specified period.
(d) Cases in which there is a stay of proceedings in the same suit or in other Civil and Criminal Courts.
(e) Cases, the pe
An application to postpone or advance the hearing of, or otherwise with respect to a case on the ready board shall be made by petition endorsed with the consent of, or on notice to, all parties who have entered an appearance and shall be supported by evidence to be given or affidavit. Unless otherwise ordered, the applicant shall pay the costs of all parties appearing upon the application.
An application with respect to a case posted in the daily cause list may be made orally to the Court before which it is posted upon notice to the other parties.
Reference and Revision Petitions
Every Civil Revision Petition shall be accompanied by--
(1) a typewritten or printed copy of the decree or order which it is sought to revise ;
(2) a typewritten or printed copy of the judgment, if any, on which the decree order is based, unless its production is dispensed with by the Court; and
(3) copies of relevant affidavit and counter affidavit in the main proceedings in lower Courts as the case may be relating to the civil revision petition, if the civil revision petition is presented in the High Court before disposal of the main proceedings in the lower Courts.
(4) a duly filled in and properly stamped memorandum in Form No.1 of Appendix IV to these rules for issue of notice to respondents.
(1) A list of Civil Revision Petition admitted for hearing after notice or directed to be posted for disposal in the manner prescribed for appeals by Order XLI, Rule 11, Civil Procedure Code, shall be affixed to the notice board of the High Court as soon as practicable after orders are obtained under Rule 12(3)(d). Cases directed to be posted for disposal in the manner prescribed for appeals by Order XLI, Rule 11, Civil Procedure Code, shall be posted for hearing immediately after the expiry of one clear day from the date of affixture of the list on the notice board.
(2) No application in civil revision shall be presented after ninety days from the date of the order complained of, provided that the Court may, on sufficient cause shown, excuse the delay in presentation.
The provisions of Rules 11(2), 17, 18, 19 and 21 of Order XLI of the Code of Civil Procedure shall apply mutatis mutandis to all civil revision petitions.
Unless otherwise ordered by the Court at the time of admission, there shall be no printing in a civil revision petition presented against an interlocutory order in a suit or proceeding in the lower Court.
On an application of an interlocutory character presented in any such revision petition, if an interim order is passed with a direction to issue notice to the respondents in the application, notice shall be issued simultaneously fixing the same hearing date, both in the application and in the revision petition, on payment of a single process-fee in respect of respondents common to both the proceedings and separate process-fees in respect of respondents who are parties to the revision petition but not parties to the application.
Unless the Court otherwise directs, the revision petition and the application shall be posted together for final disposal within a fortnight after service of notice on the parties.
Interlocutory applications and matters
An application for leave to amend a memorandum of appeal or of objections or a petition of revision shall be made by petition upon notice to any party, who has entered an appearance and shall set out the amendment proved. If leave is granted the Court may allow further time for the preparation of the record, and unless the Court otherwise directs the order shall be conditional upon payment by the appellant of the costs of the application and of any further translation and printing of the record.
When an issue referred for trial and the finding of the lower Court is returned, notice shall be given on the notice board of the Court, and any party desirous of objecting to the finding shall, unless otherwise ordered, within seven days after such notice, file in Court a memorandum of his objections and serve a copy thereof on the other party.
(1) An application with respect to any of the matters mentioned in these rules shall be made by a petition to the Court stating the provision of law under which relief is sought, and the order prayed and any evidence thereon shall be given by affidavit.
(2) The petition shall be presented to the Registrar or such officer as he shall appoint.
(1) If notice of the application is to be given, the applicant shall file in Court a notice to each party in Form No.3 of Appendix IV and a copy thereof. The date of hearing shall be inserted in the notice and the copy which shall be sealed with the Court seal. The applicant shall serve the copy upon the other party to the appeal in manner prescribed by Rule 6 of Order XLI-A and shall take the signature of the party or his pleader upon the notice in acknowledgment of service, and where service is on the party shall file affidavit in proof of service. Provided that in any case within Rule 4(2) of Order XLI-A, service shall be made under Rule 7 and the prescribed fee shall be filed with the petition.
(2) Unless the Court otherwise orders notice need not be given to a party who has not entered an appearance.
Unless otherwise ordered, the day fixed for hearing shall not be less than 14 days from the date of presentation of the petition and the notice shall be served not less than seven days before the day so fixed.
(1) Any affidavit intended to be read in support of the petition shall be filed therewith an d notice thereof shall be given to the other parties. If any party served with notice intends to use an affidavit upon the application he shall, not less than three days before the hearing, file the same in Court and give notice thereof to the applicant.
(2) An affidavit in respect of which default has been made shall not be read in evidence, except by leave of the Court.
If the party intended to be served with notice is a respondent who has not entered an appearance, the applicant shall file the notice and the prescribed fee for service together with the petition, and a copy of any affidavit filed therewith, and thereupon the notice and copy of such affidavit shall be served in the same manner as a notice of appeal.
In case of urgency, the applicant may apply to the Registrar that the petition may be posted for hearing without notice to any party. If at the hearing notice is directed to be given, unless otherwise ordered, the Registrar shall insert in the notice a day for the further hearing not less than three weeks from the date of hearing.
(1) If on the day fixed for hearing it appears that notice has not been served, the Court may order notice to be issued or may dismiss the petition.
(2) If notice is ordered and is to be served through the Court, the applicant shall pay the prescribed fees for service of notice within three days after the date of the order directing notice, and if an interim order has been made upon the application it shall not be issued until the said fees have been paid.
(3) Unless otherwise ordered, the costs of the first notice only shall be allowed to the applicant upon taxation, and if it appears to the Court that the applicant is not exercising due diligence in service of notice, the Court may order him to pay all the costs of the application.
In the event of the Admission Judge of the day, being indisposed or otherwise unable to deal whit admission work, the applicant should set out in his application to the Judge before whom he moves--
(a) the reason why the application should be regarded as imperatively urgent;
(b) the dates on which the necessary documents were available; and
(c) the cause of his not having applied in the ordinary course to the sitting Judge before.
Appeals to the High Court under Clause 15 of the Letters Patent
(1) An appeal under clause 15 of the Letters Patent, other than an appeal from a judgment, decree or order passed or made by the High Court in the exercise of its original jurisdiction, shall be preferred within thirty days from the date of the judgment, decree or order appealed from, provided that the Court may, in its discretion, on good cause shown, extend such period.
(2) In appeals not provided for by Section 4 of the Court Fees Act, 1870, the fee shall be levied at the same rates and in the same manner as in appeals falling under the said section, provided that the fee shall not less than Rs.10/-.
(3) Appeals under the Letters Patent from judgments or single Judges passed in appeals other than those from appellate decrees or orders shall be posted before a Bench of two Judges for orders whether notice shall issue.
A petition shall, when presented by a pleader or attorney, bear his signature as pleader or attorney, and when presented by a party shall be singed or marked by him, and such signature or mark shall be acknowledged before the Registrar, the Deputy Registrar, the Assistant Registrar, the sub_Assistant Registrars or the Managers, Appellate Side, or before the Presiding Officer of any Courtor any Magistrate including a Village Magistrate, or a sub_Registrar, Nazir, Deputy Nazir, Assistant Nazir or a member of a District Board or a Panchayat constituted respectively under the Madras District Boards Act, 1920 and the Madras Village Panchayats Act, 1950 or a gazetted officer, or a notary as defined in the Notaries Act, 1952 (Central Act LIII of 1952), or an Advocate of the High Court, or a member of the Lok Sabha or the Rajya Sabha or the Legislative Assembly of the State, who shall certify therein in the following form or to the like effect:
The content
Every petition or other matter filed in the High Court before the disposal of the main proceedings in the Lower Court shall mention the name and address of the pleader (if any) who represents the other party in the main proceedings in order that service may be effected in the manner provided in Rule 62-A.
Petitions to the High Court shall not be filed unless presented by a pleader of the Court, or his registered gumastah, or a party.
Petitions which are couched in improper language, or which are illegible, or unnecessarily prolix, shall be returned for amendment.
Wherein petitions for review presented to the High Court, notice is ordered to the opposite party, such notice shall be served on the pleader who represented that party in the main proceedings and such service shall be deemed to be sufficient service on the party who appeared by such pleader. In cases, however, where the opposite parties or any of them have not appeared by a Pleader in the main proceedings, the notice shall be served on the party direct.
(1) In all cases where processes of the nature of summonses or notices have to be issued, the parties or their advocates on whose behalf such summonses or notices have to be issued, shall file with their applications for the issue of processes printed forms of processes in duplicate legibly filled up. The date of appearance and the date of the process shall be left blank.
(2) The form of process in the High Court shall be used with such modifications as the circumstances of the case may demand.
(3) The parties or their advocates shall sign the form in the left bottom corner and will be responsible for the accuracy of the entries.
(4) Where order for the issue of processes are passed, the date fixed for appearance will be inserted in the forms and the processes will be dated and signed by an officer of the Court duly authorised.
(5) The necessary number of printed f
(1) Every affidavit used in the High Court, Appellate Side, shall be entitled “In the High Court of Judicature, Appellate Side, Andhra Pradesh” and shall set forth the cause-title of the appeal or other matter in which the affidavit is sought to be used as evidence. An affidavit in support of, or in opposition to, an interlocutory application relating to an appeal, petition or other proceeding pending in the High Court shall also be entitled as made in such appeal, petition or other proceeding.
(2) Every person making an affidavit shall be described in such a manner as will serve to identify him clearly, that is to say the statement of his full name, the name of his father, his age, his profession or trade, and the place of his residence.
(3) An affidavit shall be confined to statements of facts an
(1) Affidavits intended for use in the Appellate Side of the High Court may be made before any of the officers of the High Court, the sub_Assistant Registrar or the Managers, Appellate Side or Commissioners for Oaths, or before the presiding officer of any Court or any Magistrate including a Village Magistrate or a sub_Registrar, Nazir, Deputy Nazir, Assistant Nazir or a member of a District Board or a Panchayat constituted respectively under the Madras District Boards’ Act, 1920 and the Madras Village Panchayats Act, 1950 or Municipal Councillor or a member of the Legislative Council or the Legislative Assembly of the State or a retired gazetted officer receiving pension from Government or the office of the Board of Commissioner the Hindu Religious Endowments, or any Superintendent or Inspector working under the Board or an Advocate other than the Advocate who has been engaged in the case or and other gazetted officer in the service of the State Governme
CHAPTER VI
Appointment of Guardian
Every application for the appointment of a guardian of a minor respondent shall be supported by an affidavit, stating that the proposed guardian has no interest in the matter in question in the appeal adverse to that of the minor. No order shall be made on unless an application has been duly served upon the father or guardian of the minor or upon the person with whom the minor resides six clear days before the day named in the notice for the hearing of the application.
An application for the appointment of a guardian ad literm shall not be combined with an application for bringing on record the legal representatives of a deceased appellant or respondent. The applications shall be by separate petitions.
When a guardian ad litems of a minor respondent is appointed, and it is made to appear to the Court that the guardian is not in possession of any, or sufficient, funds for the conduct of the appeal on behalf of the respondent, and that the respondent will be prejudiced in his defence thereby, the Court may, from time to time, order the appellant to advance moneys to the guardian for the purpose of his defence, and all moneys so advanced shall form part of the costs of the appellant in the appeal. The order shall direct that the guardian do, as and when directed, file in Court an account of the moneys so received by him.
(1) Every notice issued in respect of proceedings in the High Court other than writ petitioner, appeals against orders made in the exercise of original jurisdiction, petitions for injunction and all cases where notice is to a proposed guardian ad litem, shall be sent in the first instance to the address of the respondent given in the memorandum of appeal or petition, as the case may be, by means of registered post, and acknowledgment petition, as the case may be, by means of registered post, acknowledgment prepaid. An acknowledgment purporting to be signed by the respondent shall be deemed by the Court to be sufficient proof of service of such notice. Notice in writ petitions, petitions for injunction, appeals against orders made in the exercise of original jurisdiction and to a proposed guardian ad litem shall be sent for service of the parties through th
The Bench Clerks of the High Court shall have power to determine whether notice of appeal or other process has been duly served and to direct the issue of fresh notice of an appeal or petition or other process: provided that in any party or pleader is dissatisfied with the finding of the Bench Clerk, the matter shall at the request of such party or pleader be posted for the orders of the Registrar.
[x x x] Omitted.
In any appeal, petition, case referred or other matter filed in the High Court before disposal of the main proceedings in the lower Court, notice shall be served on the pleader who represents the party in the main proceedings in the lower Court and such service shall be deemed to be sufficient service on the party who is represented by such pleader. In cases, however, where the parties are not represented by a pleader in the main proceedings the notice shall be served on the party direct.
The fees for the service of notices on respondents shall be paid in the form of Court-fee labels, and the Court-fee labels shall be attached to a memorandum in Form No.1 of Appendix IV.
When an appellant or his pleader has failed to pay into Registrar’s Office within the prescribed periods the fees required for the service of notices on the respondent, the appeal or appeals shall be posted for the orders of the Court.
Every person requiring a search to be made of the records of the Court for the purpose either inspection or of obtaining copies of records, shall submit an application for the same in the subjoined form or to the like effect :
To
The Registrar,
High Court of Andhra Pradesh,
Hyderabad.
| Name and address of application in fall |
Description of record as far as possible |
Purpose for which inspection or copy is required |
Date: ...............
A separate application need not be presented in respect of each document for which a search is required. Enclosures or annexures to letters, accounts or other documents form part of the documents to which they appertain and are not reckoned for the purposes of these rules as separate documents.
When leave has been granted, the pleader on the record, or his authorised assistant or the party in person may search the record in the presence of the Record Keeper or his assistant.
The fee for a search shall be two rupees for every hour or part of an hour during which the Record Keeper shall be engaged and shall be paid by Court-fee stamps affixed to the application.
The payment of the fees for a search will entitle the applicant to read the document or part of the document for the finding of which the fees has been paid, or to have it read to him, or to make a short memorandum of the date and nature of the document so as to enable him to describe it sufficiently in case a copy is required, but it shall not entitle him to take a copy of the document or part of the document or to make extracts therefrom.
Certified copies
(1) When a person is entitled to obtain a copy of a proceeding or document filed in, or in the custody of the Court, he may present an application therefor (addressed to the Registrar) to the Superintendent of Copyists in person, if he has no advocate on record, or by his advocate, or the latter’s authorised clerk between the hours of 11-30 a.m. and 3-00 p.m.
The application shall set out the name of the applicant and his position in the appeal or proceeding and a description of the documents of which a copy is required; and an application which is not in proper form shall be returned for amendment.
(2) Defective applications :- (a) Applications not complying with the requirements of the rule are not to be received until amended in respect of the matters in which they are defective.
(b) All other applications shall be received and at once e
On an application by the party the High Court may also grant copy of a proceeding or document filed in or in the custody of the Court by getting it reproduced mechanically on payment of Rs.1-25 paise per page by means of affixture of Court-fee labels to the application for copy or in cash through Lodgment Schedule within such time as the Court may grant.
Nothing in these rules shall entitle any person to inspect or obtain copies of the registers of the Court without special leave of the Court, or to see Judge’s notes or autograph judgments.
The record shall be in English and shall be got neatly typewritten on both sides of white foolscap folio paper with double spacing or reproduced mechanically by the Registrar. The separate sheets shall be situated together bookwise and the pages numbered consecutively in figures:
Provided that subject to the examination and comparison of the record under the supervision of the Registrar, either of the parties may, on the orders of the Court on the application made to it, get the record neatly typewritten or reproduced mechanically privately as specified above.
The record shall consist of the following papers:
(1) A table of contents, with reference to the pages of the record ;
(2) A chronological index of all documents filed in the case ;
(3) The plaint, written statement and issues, with the Judge’s notes, if any;
(4) The judgment and decree and any schedules thereto ;
(5) The grounds of appeal and memorandum of objections if any ;
(6) Any order calling for a finding or report, any finding or report, and the objections thereto ;
(7) The B. Diary.
(8) Such other papers as the parties desire to have translated and typed or reproduced mechanically and have within the prescribed period applied to be included in the record :
Provided that schedules to the plaint or decree except in suits for partition shall
(1) The appellant, at the time of filing his memorandum of appeal, and the respondent within one month after service on him of the notice of appeal, shall file in Court lists in Form No.2 of Appendix IV, of the papers mentioned in Rule 73 which they desire to have translated and typed or in any other way mechanically reproduced. If the respondent has filed a memorandum of objections, it should be included in his list.
(2) The lists above referred to shall contain a full description of the papers required to be translated and typed or in any other way mechanically reproduced. No papers other than exhibits and depositions will be called for from the lower Court unless specially mentioned in the list.
(1) Unless in cases which do not involve comparison of record or translation the Court otherwise directs, the Appellant shall pay into the Court along with his Memorandum of Appeal a sum of Rs.50/- as the cost of preparing the portions of the record numbered 3 (except the issued and the Judges notes, if any) 4 and 5 in Rule 73.
(2) In the case of several connected appeals or batches of appeals a single deposit to cover the cost of preparing the record in the leading case may be accepted in the discretion of the Registrar.
(3) If the cost of preparing the said portions of the record exceeds the said sum, the party shall pay the excess together with the sum mentioned in Rule 79. If the cost of preparing the said portions of the record is less than the said sum, the balance may be returned to the party on application shall after the case has been disposed of.
Any party shall be entitled to inspect in the Registrar’s Office the list of any party in the case, and at his own expense, to obtain a copy of the whole or of any portion thereof under the rules of the High Court relating to copies.
(1) A list of cases in which portions of documents are required to be translated and typed or in any other way mechanically reproduced shall be posted on the notice board from time to time.
(2) The parties concerned shall, within seven days of the date of the said notice, point out the required portions. In default, these documents will be excluded from the record.
The Registrar shall cause to be prepared and entered in the said lists filed by the parties an estimate of the sums payable by such parties for preparing the record framed in accordance with the prescribed schedule of rates and shall give credit therein for the amount paid by the appellant in accordance with clause (1) of Rule 75.
(1) The Registrar shall give to the parties notice of the amounts of the estimate mentioned in Rule 78 by affixing a statement thereof to the Court notice board, and thereupon the party shall be at liberty within 25 days from the date of such notice to deposit the requisite sum in Court.
(2) The preparation of the record and the hearing of the appeal shall not be delayed by reason of the failure of a party to deposit a sufficient sum in Court within the prescribed period; provided that he may apply for further time in manner prescribed by sub_rule (2) of Rule 3 of Order XLI-A of the Code of Civil Procedure, and shall thereupon produce a certificate showing the dates on which the acts prescribed by the rules were done or should have been done, which will be granted by the Deputy Registrar upon payment of a fee of Rs.2/- to be paid in Court-fee stamps, and provided also that the Registrar may, whenever he thinks fit, dispense with the
Memorandum of Objections
[x x x] Omitted.
Any part who has received or been served with a memorandum of objections, may, within two weeks from the date of acknowledgment or of service, file a further list of documents.
When an appeal is dismissed under Rule 10 of Order XLI-A, Civil Procedure Code, any respondent who has filed a memorandum of cross-objection may, if the Court so directs, be permitted to deposit within a time specified, funds sufficient for the further preparation of so much of the record as is necessary for the hearing of the memorandum of cross-objection.
When the record has been prepared and typed or in any other way mechanically reproduced so as far as the sum deposited within the prescribed period permitted, the appeal shall be posted on the notice board of the Court as ready for hearing; Provided that unless otherwise ordered, no case shall be so posted until after the expiration of eight weeks from the date of service of the notice of appeal upon the respondent.
81, 82, and 83 . [x x x] Omitted.
Pleaders shall be responsible to the Registrar for all translation and typing or mechanical reproduction charges incurred by him on their behalf under these rules. The Registrar shall have power to stop at his discretion the issue of all or any papers to any pleader who has failed to pay any money due by him to the Court under these rules.
When application is made for the translation and typing or mechanical reproduction of any document not on the record with a view to its admission in evidence the translation and typing or mechanical reproduction may be ordered by the Registrar provided that the order shall be made without prejudice to the posting of the case.
The charges for translation and typing or mechanical reproduction including those incurred under Rules 78 and 79, will as a rule, be costs in the cause. But if it appears to the Court that the translation or typing or mechanical reproduction of any paper or part of a paper was not necessary to the proper determination of the cause, the party at whose instance the typing or mechanical reproduction of translation was executed may be ordered to bear the costs thereof.
When a record not required to be printed under these rules is in a vernacular language and has been translated into English for the convenience of the Court, any party to the case who desires to have a copy of such translation for the purpose of the hearing of the case or of any interlocutory application in connection therewith, shall apply therefor in writing to the Deputy Registrar, Appellate.
It shall be within the discretion of the Deputy Registrar to grant or refuse all such applications on the understanding that the Court has no objection to the grant of such copies unless it appears that they have been applied for with some ulterior object, e.g., to cause delay. It must also be distinctly understood that such translations are only rough translations made for the convenience of the Court, that their absolute correctness is not vouched for, and that copies granted under this rule are intended only to be used at the hearing of the particular appeal concerned. To prevent any improper use of such translations all copies granted under this rule shall be clearly marked as follows :
Uncertified copy of a translation of Exhibit in Appeal/Petition No. ........... of 19 ............. on the file of the High Court. The translation of this document was prepared in the High Court for the purpose of Appeal/Petition No.............. of 19 .........
Whenever with the permission of the Court a paper which has not been previously translated as provided above is translated orally in upon Court, the party at whose instance the translation is made shall be charged a special fee of Rs.2/- per page of fraction of page.
(1) The following rates shall be charged for translating, typing, or cyclostyling or reproducing mechanically the record.
Charges For
Translating (including those granted under Rule 88) per page 24 lines 3.50
Typing per page not exceeding 32 lines 1.50
Cyclostyling per page not exceeding 32 lines 3.50
Reproducing mechanically per page 1.25
Additional copy supplied, or, copy supplied to the opposite party per typed, or cyclostyled or mechanically reproduced page 1.00
Where the record was got typed or cyclostyled privately, comparing and examining per page 0.25
Note:- In appeal which are heard by a Division Bench or where the respondents are represented separately by more than two advocates or where the Registrar so directs, the record shall be cyclostyled or reproduced mechanically.
These rules shall apply to appeals transferred to the High Court from other Courts.
(1) All appeals to the High Court from Original Decrees of Subordinate Courts shall be neatly typewritten or mechanically reproduced in any other way unless either an appellant at the time of filing the appeal or a respondent within seven days of filing his appearance applies for the record to be printed in the Supreme Court Form.
(2) When the record is printed in the Supreme Court Form, the preparation of the record and the arrangement of the papers shall as far as practicable be in conformity with the rules laid down for the preparation and the printing of records for the Supreme Court and care shall be taken that the oral evidence begins at the commencement of a sheet and is printed in such a way that this portion of the record can early be detached and bound together with the documents, so as to constitute a separate volume for the use of the High Court in hearing the appeal. Each exhibit shall be
CHAPTER IX-A
Appeals against Orders, Appellate Decrees, Appellate Orders, Interlocutory Orders and Appeals relating to Costs only, Revision Petitions and Letters Patent Appeals
Note:- In this Chapter, the word ‘Appeal’ and ‘Appellant’ will be understood to mean ‘Petition’ and ‘Petitioner’ in the case of revision petitions, wherever the context so requires.
A memorandum of appeal against decrees and orders falling under this chapter shall be accompanied by the fees prescribed for notice and by as many copies on plain paper of such memorandum as there are respondents to be served, plus an additional copy.
A list of cases to be heard under Order XLI, Rule 11, read with Order XLII of the Code of Civil Procedure shall be affixed to Court notice record, and any such case may be posted for hearing not less than three clear days after it has been entered in the said list, and such entry shall be sufficient notice to the appellant of the day fixed for hearing the appeal. If note to the respondent is ordered, intimation of that order shall be given to the appellant on the notice board of the Court.
If an appeal is posted under Order XLI, Rule 11, Civil Procedure Code, the appellant shall within three days after it is entered in the list mentioned in Rule 92 file a typed copy of all the papers he desires to rely upon.
There shall be no printing of the record in appeals falling under this chapter unless the Court otherwise directs.
In all such cases, the parties shall furnish to the Court two copies of all such pleadings and documents as they require typed in English (and certified by Counsel in case where they are translated, that the translations are true and correct) as soon as may be after the case is given ready and in any case at least a fortnight before the date when it is taken up for hearing. Copies so filed in Court shall be accompanied by an endorsement from Counsel on the opposite side, that copy of that record has been served on him, provided when the Court requires additional copies of the record, the parties shall furnish the same.
All records prepared for, the use of the Court shall be neatly typewritten with the pages numbered consecutively, indexed with a table of contents with reference to the number of the pages and stitched into books.
Notwithstanding anything contained in the above rules, the Court allow a practitioner who discovers that any paper necessary for the disposal of the case has not been typed or printed, to provide at the time of hearing, after serving copies in advance on the other side, typed copies in English of such paper, accompanied by a certificate that the translation is true and correct where the original is not in English and the translation was not done in the High Court.
The parties may get translated by the High Court office any paper they intend to use before the Court on payment of the charges therefor. Where the paper filed in the office for such translation is not the original or a certified copy, it shall be accompanied by a certificate by the Counsel filing it that it is a true and correct copy of the original.
Where at the time of the hearing for the admission of the appeal printing of the record is directed by the Court, the notice of appeal or petition issued to respondents shall contain a note to that effect. A list of cases in which printing has been ordered shall be affixed to the Court notice board from time to time. The appellant or petitioner shall within then days from the date of such intimation file in the Court, lists as in Form No.2 of Appendix IV of such pleadings and documents as he desires to have translated and printed. The respondent may also file similar lists within one month either from the date of such intimation on the notice board of from the date of service on him of the notice of appeal or petition, whichever is later. Provided that a memorandum of objections, if any, filed by him shall always form a part of the record to be printed. When a memorandum of objections is filed, the appellant or any respondent affected thereby may within one week of the s
To cases in which printing has been ordered the rules relating to the preparation of appeals from original decrees, with the exception of Rule 73 and so much of Rule 75(1) as relates to payment of deposit shall, so far as may be applicable.
In all cases where the records have not been called for, the appellant shall within twenty-one days from the date of notice of admission of the appeal file in Court certified copies of all the papers (other than those filed with the memorandum of appeal) which he desires to have translated or translated and printed as the case may be. The respondent shall within twenty-one days from the date of his entering appearance or within 6 weeks from the date of service of notice shall do likewise.
Notwithstanding anything in the foregoing rules, the Registrar may suo motu or at the instance of a party direct that the records in any appeal be translated, typed, or cyclostyled or reproduced mechanically by the office of the Court. In such cases the charges at the rates prescribed in Rule 90 shall be collected from the parties in the manner prescribed for the collection of such charges in appeals from original decrees]. [Roc.No.1045/SO/81, dated 28-1-1984]
All appeals in which there is no printing of record shall be posted on the notice board as ready for hearing three months after the records therein have not been received from the lower Court and in cases where the records have not been called for, three months after the date of admission. Provided, that unless otherwise ordered, no case shall be posted until after the expiration of eight weeks from the date of service of notice of the appeal upon the respondent.
(1) The party to whom costs are awarded may include in the memorandum of costs filed by him the expenses incurred for printing or typing and the Registrar shall allow the party such costs or such portion of the costs as he considers reasonable.
(2) If the unsuccessful party claims that any portion of the printing or typing done at the instance of the other party was unnecessary, he may immediately after the disposal of the case apply to the Court for disallowance to the other side of the costs unnecessarily incurred, and the Court may pass such order as it deems fit.
When an appeal against an appellate decree or order has been heard and disposed of by a single Judge on application for leave to appeal under clause 15 of the Letters Patent of the High Court shall be made orally and immediately after the judgment has been delivered. [Substituted in lieu of the old Rules, 91 to 106-A
Whoever desires to appeal to the Supreme Court under Clause (1) of Article 133 of the Constitution, shall apply for a certificate by petition to the Court whose judgment, decree or final order is complained of :
Provided that an application may be made orally for the purpose immediately after the judgment has been delivered ;
Provided further where the certificate has been refused on an oral application no subsequent petition for the certificate shall lie.
Every petition for a certificate to appeal to the Supreme Court shall be accompanied by an acknowledgment signed by the advocate, if any who has appeared for the opposite party at the hearing of the appeal in the High Court stating that he has received a copy of the petition or proof of refusal of notice by such advocate and such acknowledgment or proof of refusal shall be deemed to be sufficient service on the party who has appeared by such advocate.
An advocate appearing for a party to the appeal shall receive notice of such petition for a certificate unless he has withdrawn appearance with a certificate of the Court.
On receipt from the Supreme Court of the copy of the petition of appeal under Rule 11 of the Order XV of the Supreme Court Rules, 1966, the Registrar shall :--
(1) cause notice of lodgment of the petition appeal together with the copy of the said petition of appeal to be served on the advocate for the respondent who is on record in the High Court;
(2) in case where the advocate for the respondent refuses to receive the said notice and in case where the respondent is not represented by an advocate in the High Court, as soon as possible, call upon the appellant to file the necessary process for the services of the lodgment of the petition of appeal on the respondent with the prescribed fee in accordance with the Rules contained in Chapter VII of the Rules;
(3) as soon as notice as aforesaid is served on the respondent, send a certificate to the Supreme Court as to the date or dates on
The appellant shall, within two weeks of the receipt of the memo from the Registrar or such extended time as the Court may order an application, deposit into Court the necessary amount as shown in the memo for transmission of the original record to the Supreme Court.
Where, however, the Supreme Court on an application made for the purpose, dispenses with service of the petition of appeal on any respondent who did not appear in the proceedings in the High Court or on his legal representative under Rule 10 of Order XV of the Supreme Court Rules, 1966 the appellant file a copy of the said order along with the process referred to in Clause (2) of Rule 109.
Whenever the Supreme Court by its order directs the High Court to have the record printed and prepared in the High Court under the provisions of Order XV, Rule 14, of the Supreme Court Rules, in the absence of any specific directions in the matter, the following rules apply in record to the preparation of the records by the High Court.
(1) As soon as the original record of the case is received, the Registrar shall give notice to the parties of the receipt of the Original record.
(2) The appellant shall, within four weeks of the receipt of the notice referred to in clause (1), file a list of documents to be included in the record and serve a copy thereof on the respondents who shall be at liberty, within three weeks of the receipt of such list, to file such list of additional documents at the considers necessary for the determination of the appeal :
Provided that no such list of documents shall be necessary where the entire case record is in English and where the Supreme Court takes up the printing of the case record.
After the expiry of the time filed for the filing additional list by the respondent the Register shall fixed day for the settlement of list of documents to be included in the appeal record and shall give notice thereof to the parties who have entered appearance. In settling the lists, the Register 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.
Where the respondent objects to the inclusion of a document on the ground that it is not necessary or is irrelevant and the appellant nevertheless insists upon its inclusion, the record as finally printed, shall, with a view to subsequent adjustment of cost of and incidental to the printing of the said document, indicate in the index of papers or otherwise the fact that the respondent has objected to the inclusion of the document and that it has been included at the instance of the appellant.
Where that 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 opinion that the documents in not relevant, may direct that the said document be printed separately at the expense of the respondent and require the respondent to deposit within such time as he may prescribe, the necessary charges therefor and the question of cost thereof shall be dealt with by the Court at the determination of the appeal.
As soon as the index of the record is settled, the Registrar shall cause as estimate of the costs of the preparation of the record to be printed and served, on the appellant and to require him to deposit within thirty days of such service the said amount. The Registrar may extend the time for good cause on application made for the purpose.
When the Supreme Court or High Court, on an application made for the purpose, consolidates several appeals for giving security for the costs of the respondent subject to such orders of Court as may be made the cost of printing in appeals consolidated shall be borne by the appellants in each of the appeals in such proportion as may be agreed upon by common consent, and in case of disagreement in accordance with the apportionment made by the officer entrusted with the preparation of the record.
(1) Where the record has been printed for the purpose of the appeal in the High Court in the Supreme Court Form under Rule 90(B) and sufficient number of such copies are available, no fresh printing of the record shall be necessary except of such additional documents as are mentioned in the list of documents and subsequent proceedings in the appeal but a sum of Rs.300/- (to be afterwards increased if necessary) shall be deposited to meet expenses of preparing or completing and transmitting the record.
(2) Where no portion of record has been printed in the Supreme Court Form under Rule 90(B) the appellant shall, in the first instance deposit a sum of Rs.800/- to meet the expenses of translating, transcribing, indexing, printing and transmitting the record:
Provided that the deposit mentioned in sub_rules (1) and (2) shall not be required by Government or where the Government has undertaken the defence of that s
Where the appeal paper book is likely to consist of two hundred or less number of pages, the Court may, on the application made for the purpose, order instead of having it printed cyclostyling of the case record under the supervision of the Registrar.
If at any time during the preparation of the record the amount deposited is found insufficient, the Registrar shall call upon the appellant to deposit such further sum as may be necessary within such further time as may be deemed fit but not exceeding twenty-eight days in the aggregate.
Where the appellant fails to make the required deposit, the preparation of the record shall be suspended and the Registrar shall not proceed with the preparation thereof without an order in this behalf of the Court.
The charge for the preparation of the record shall be calculated at the rates mentioned in the Schedule annexed hereto: but the said rates are subject to modification by the Registrar from time to time.
In addition to twenty copies fixed under sub_rule (3) of Rule 14 of Order XV of the Supreme Court Rules, 1966, fifteen additional copies shall be printed and retained in the High Court for further reference and for supply to the parties on application.
The entire costs of printing, indexing and transmitting of the record, unless otherwise ordered by Court shall be borne by the appellant; and the Registrar shall certify when necessary the fees and expenses incurred and paid for the aforesaid purpose.
Where the proceedings from which the appeal arises, were heard in Courts below, in a language other than English each party shall bear the translation and typing charges of the documents asked for in their respective lists. The necessary charges therefor shall be deposited by the parties in the High Court prior to the transmission of the record to the Supreme Court. If the appellant commits default in making such deposit, he shall be dealt with under Rule 121. If the respondent commits default the documents shall be excluded from the printed record and a note to that effect recorded in the Index.
When the record has been made ready, the Registrar shall certify the name and give notice to the parties of the certification of the record and append to the record a certificate showing the amount of expenses incurred by the party concerned for the preparation of the record.
(1) When a party who has been successful in an appeal to the Supreme Court applies for a certificate of the costs incurred in the appeal in the High Court, the Registrar shall upon production of the order of the Supreme court for the payment of such costs and without reference to the Court prepare a certificate of the fees and expenses incurred and paid for the preparation and transmission of the record and place it on the Supreme Court.
(2) Such certificate may also include advocate’s fee incurred in the High Court in connection with the application for leave and proceedings subsequent thereto and the Registrar may assess the amount thereof at a sum not exceeding Rs.250/- having due regard to the circumstances of the case.
128. Where no time is fixed for any act to be done in the High Court in pursuance of these rules, the Registrar may in his discretion fix the time for the doing of such act and grant such further time as he may deem proper in the circumstances of each case.
(1) When Special Leave to appeal has been granted by the Supreme Court and intimation thereof is received in the High Court, notice of the grant of such special leave shall be given to the respondent, or to his pleader, if any, and a copy of this notice and the return thereto, together with a certificate by the Registrar that such notice has been duly served shall form part of the records.
(2) Where the name of a person has been brought on the record of the appeal as respondent by an order of the Supreme Court and an intimation thereof is received in the High Court, notice of the fact shall be given to the said respondent through his pleader, if any, and a copy of the notice and the return thereto, together with a certificate by the Registrar that such notice has been duly served, shall form part of the record, if any, or shall be separately transmitted to the Supreme Court.
(3) When the record or supplementar
Where the preparation of the record has been done by the High Court at the direction of the Supreme Court, the party making deposits for translation, printing and preparation of the record shall be entitled to refund to the amount unspent on application made to the Registrar, after the disposal of the appeal by the Supreme Court.
| Printing per page in Supreme Court Form | Actual charges to be ascertained according to the prevailing rates |
| Rs.Ps. | |
| Costs of paper for printing ... | -do- |
| Translation per page of 24 lines ... | 3.50 |
| Copying and examining per page not exceeding 32 lines ... | 1. |
CHAPTER XII
Miscellaneous
[x x x] Omitted.
When any act has not been done within the time lawfully appointed for that purpose by the Registrar and an application to the Court therefore becomes necessary, such application shall be made by petition. Any facts required to be proved in support of such petition shall be ordinarily proved by affidavit and such petition and affidavit (if any) shall be filed in the Registrar’s Office before 4 o’ clock in the afternoon of the day preceding that fixed for the sitting of the Court before which the application is to be made.
The forms given in Appendix IV shall be used for the purposes therein mentioned.
The Office of the Registrar shall be open for the transaction of business from 11-00 a.m., to 4-00 p.m., on all days except Sundays and holidays. On Saturdays the office shall be closed for money transactions at 1-00 p.m.
[x x x] Omitted.
When papers bearing Court-fee labels are filed each set of papers filed at one time in a case must be accompanied by a form of receipt in duplicate duly filled up for the amount of the Court-fee paid. The receipt shall be in the printed form available for sale at the Registrar’s Office. The receiving clerk shall, after verifying the correctness of the particulars entered in the receipt, affix the date stamp to the original and duplicate, initial them and return the original to the person filing the papers.
Any party dissatisfied with the decision of the Taxing Officer under Rules 43 and 48 of the Practitioner’s Fees Rules, may within three days from the date of the order of the Taxing Officer apply to Court by petition for a review of the order.
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