Supreme Court Rules 2013 - Order V | Order 5

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order V

Business In Chambers

1. The powers of the Court in relation to the following matters may be exercised by the Registrar, namely:-

(1) Application for discovery and inspection.

(2) Application for delivery of interrogatories.

(3) Application for substituted service, or for dispensing with service of notice of the appeal on any of the respondents to the appeal under rule 7 of Order XIX.

(4) Application for time to plead, for production of documents, and generally relating to the conduct of cause, appeal or matter save those coming under rule 2 of this Order.

(5) Application for leave to take documents out of the custody of the Court.

(6) Questions arising in connection with the payment of court-fees.

(7) Application for the issue of a certificate regarding any excess court fee paid under a mistake.

(8) Application for requisitioning records from the custody of any Court or other authority.

(9) Application for condoning delay in paying deficit court-fees.

(10) Application for condonation of delay in filing statement of case, provided that where the Registrar does not think fit to excuse the delay, he shall refer the application to the Court for Orders.

(11) Application for appointment and for approval of a translator or interpreter.

(12) Application for withdrawal of appeal by an appellant prior to his lodging the petition of appeal.

(13) Application for production of documents outside Court premises.

(14) Application for payment into Court.

(15) Application for payment out of Court of money or security, or interest or dividend on securities.

(16) Application for extending returnable dates of warrants.

(17) Application for refund of security deposit or part thereof, or for payment out of security deposit.

(18) Application for directions regarding preparation of record.

(19) Application for exemption from filing of certified copies of judgments, decrees, orders, certificates or orders granting certificate:

Provided that application for exemption from filing of certified copies of judgments or orders accompanying a special leave petition shall be posted before the Court along with the Special Leave Petition.

(20) Application for condonation of delay in re-filing, provided the delay does not exceed 60 days from the date of notifying the defects.

(21) Application for condonation of delay in filing process fee.

(22) Application for extension of time for filing pleadings, provided that the Registrar shall not grant more than one extension for the purpose exceeding four weeks.

(23) Application for cancellation of date on the written joint request of the appearing parties, provided the matter has not appeared in the final cause-list, on the date of filing of application.

(24) Office Report for renewal of Fixed Deposit Receipts and Bank Guarantees, subject to directions otherwise by the Court.

(25) Application for exemption from filing official translation.

(26) Application for exemption from filing process fee and/or spare copies.

(27) All uncontested Interlocutory Applications of formal nature.

(28) Any matter which in accordance with orders or directions issued by the Court, is required to be dealt with by the Registrar.

(29) Imposing costs on the party in default of compliance of the orders passed by the Registrar.

(30) Pre-final hearing matter to certify that the matter is ready in all respects to list the same before the Court for final hearing.

2. The powers of the Court in relation to the following matters may be exercised by a Single Judge sitting in Chambers, namely:-

(1) Application by advocate-on-record for leave to withdraw or for change or discharge of advocate-on-record.

(2) Application for leave to compromise or discontinue an appeal where permission was granted to sue as an indigent person.

(3) Application for striking out or adding party or for intervention in a suit, appeal or other proceeding.

(4) Application for separate trials of causes of action.

(5) Application for separate trials to avoid embarrassment.

(6) Rejection of plaint.

(7) Application for setting down for judgment in default of written statement.

(8) Application for better statement of claim or defence.

(9) Application for particulars.

(10) Application for striking out any matter in a pleading.

(11) Application for amendment of pleading and for enlargement of time to amend any pleading.

(12) Application to tax bills returned by the Taxing Officer.

(13) Application for review of taxation.

(14) Application for enlargement or abridgement of time except application for condonation of delay in filing Special Leave Petitions.

(15) Application for issue of commissions.

(16) Application for assignment of security Bonds.

(17) Questions arising in taxation referred by the Taxing Officer.

(18) Application for orders against clients for payment of costs.

(19) Application for taxation and delivery of bill of costs and for delivery by an advocate of documents and papers.

(20) Application for registration of advocates as advocates on record.

(21) Application for leave to proceed as an indigent person.

(22) Application for grant of bail where the petitioner is confined in jail for offence punishable with imprisonment upto seven years.

(23) Application for stay of execution of a sentence or order in criminal proceedings.

(24) Application by accused persons in custody for being produced before the Court at the hearing of the appeal.

(25) Consent application in interlocutory matters.

(26) Application by accused persons for engagement of advocate under rule 16 of Order XX.

(27) Fixing the remuneration of a guardian ad litem.

(28) Summons for non-prosecution, which includes the power of dismissal for non-prosecution.

(29) Office Report on default.

(30) Application for exemption from paying court fee or extension of time for paying court fee or for furnishing undertaking, bank guarantee or security.

(31) Application for substitution, application for condonation of delay in seeking substitution and application involving setting aside abatement.

(32) Application for condonation of delay in re-filing where the delay exceeds 60 days from the date of notifying the defects.

(33) Application for refund of security.

(34) Application for withdrawal of any appeal, petition or suit with the consent of all the appearing parties or where the other side has not appeared.

(35) Application for exemption from surrendering, provided that not more than one opportunity be granted for surrendering. In case of refusal and/or if accused do(es) not surrender, the matter be placed before the Hon'ble Judge in Chambers for non-prosecution.

(36) Issue of fresh summons and notices.

(37) Application of a person who is not a party to the case, appeal or matter, for inspection or search or grant of copies for good cause shown.

(38) Application by third parties for return of documents.

(39) Application to appoint or discharge a next friend or guardian of a minor or a person of unsound mind and direct amendment of the record thereon.

(40) Application for consolidation of appeals and writ petitions for purposes of hearing, and preparation of record.

(41) Application for amendment of pleadings with the consent of all the appearing parties, or where the other side has not appeared.

3. Any person aggrieved by any order made by the Registrar under this Order may, within fifteen days of the making of such order, appeal against it to the Judge in Chambers.

4. The Registrar, may, and if so directed by the Judge in Chambers, shall, at any time adjourn any matter and lay the same before the Judge in Chambers, and the Judge in Chambers may at any time adjourn any matter and lay the same before the Court.

Supreme Court Rules 1966: 

ORDER V

APPEALS UNDER SECTION 38 OF THE ADVOCATES ACT, 1961 (25

OF 1961)

1. An appeal from an order made by the Disciplinary Committee of the Bar

Council of India under section 36 or section 37 of the Advocates Act, 1961 (25 of

1961) shall be lodged in the Court 1

[by the aggrieved person, or the Attorney

General for India, or the Advocate General of the State concerned, as the case

may be,] within sixty days from the date on which the order complained of is

communicated to aggrieved person:

Provided that in computing the period of sixty days the time requisite for

obtaining an authenticated copy of the order sought to be appealed from shall be

excluded.

2. The memorandum of appeal shall be in the form of a petition. It shall state

succinctly and clearly all the relevant facts leading up to the order complained of,

1. Ins. by G.S.R. 198, dated 4th February, 1976 (w.e.f. 14-2-1976).

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THE SUPREME COURT RULES, 1966

and shall set forth in brief the objections to the decision appealed from and the

grounds relied on in support of the appeal. The petition shall also state the date on

which the order complained of was received by the appellant. The allegations of

facts contained in the petition which cannot be verified by reference to the duly

authenticated copies of the documents accompanying it shall be supported by

affidavit of the appellant.

3. The petition shall be divided into paragraphs, numbered consecutively, each

paragraph being confined to a distinct portion of the subject and shall be typed or

cyclostyled or printed on one side of standard petition paper, demy-foolscape size,

or on paper of equally superior quality.

4. The petition shall be made on a court-fee stamp of the value of ten rupees

and shall be signed by the appellant, where the appellant appears in person, or by

a duly authorised advocate on record on his behalf.

5. The petition of appeal shall be accompanied by :

(i) an authenticated copy of the decision sought to be appealed from;

(ii) and at least seven spare sets of the petition and the papers filed with

it.

6. The Registrar after satisfying himself that the petition of appeal is in order,

shall endorse thereon the date of presentation, register the same as an appeal and

send a copy thereof to the Secretary, Bar Council of India, for record.

7. On the registration of the petition of appeal, the Registrar shall, after notice

to the appellant or his advocate on record, if any, post the appeal before the Court

for preliminary hearing and for orders as to issue of notice. Upon such hearing, the

Court, if satisfied that no prima facie case has been made out for its interference,

may dismiss the appeal, and, if not so satisfied, direct that notice of the appeal be

issued to the Advocate-General of the State concerned or to the Attorney-General

for India or to both and to the respondent.

8. Within ten days of the receipt by him of the intimation of admission of appeal

under rule 7, the Secretary of the Bar Council of India shall transmit to the Court

the entire original record relating to the case and such number of copies of the paper

books prepared for the use of the Disciplinary Committee of the Bar Council of

India as may be available.

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THE SUPREME COURT RULES, 1966

9. Within fifteen days of the service of the notice of admission of appeal under

rule 7 the Advocate-General of the State or the Attorney-General or the respondent

may cause an appearance to be entered either personally or by an advocate on

record on his behalf.

10. Where a respondent does not enter appearance within the time limited

under rule 9, the appeal shall be set down for hearing ex-parte as against him

on the expiry of the period of one month from the receipt by him of the notice

of the admission of appeal.

11. After the receipt of the original record the Registrar shall with all

convenient speed, in consultation with the parties to the appeal, select the

documents necessary and relevant for determining the appeal and cause sufficient

number of copies of the said record to be typed or cyclostyled or printed at the

expense of the appellant.

12. Unless otherwise ordered by the Court, every appeal under this Order

shall be made ready and if possible posted for hearing before the Court within

four months of the registration thereof.

13. Where the appellant fails to take any steps in the appeal within the

time fixed for the purpose by these rules or unduly delays in bringing the appeal

to a hearing, the Registrar shall call upon him to explain his default and if no

Explanation is offered, or if the Explanation offered is, in the opinion of the

Registrar, insufficient, the Registrar may after notifying all the parties who

have entered appearance, place the appeal before the Court for orders on the

default, and the Court may dismiss the appeal for want of prosecution or give

such directions in the matter as it may think fit and proper.

14. The costs of and incidental to all proceedings in the appeal shall be

in the discretion of the Court.