Supreme Court Rules 2013 - Order XI | Order 11

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013 - Order XI | Order 11: 

Order XI

Notices Of Motion

1. Except where otherwise provided by any statute or prescribed by these rules, all applications which in accordance with these rules cannot be made in Chambers shall be made on motion after notice to the parties affected thereby.

2. Where the delay caused by notice would or might entail serious hardship,the applicant may pray for an ad-interim ex-parte order in the notice of motion, and the Court, if satisfied upon affidavit or otherwise that the delay caused by notice would entail serious hardship may make an order ex-parte upon such terms as to costs or otherwise, and subject to such undertaking being given, if any, as the Court may think just, pending orders on the motion after notice to the parties affected thereby.

3. Where an ex-parte order is made by the Court, unless the Court has fixed a date for the return of the notice, or otherwise directs, the Registrar, shall fix a date for the return of the notice and the application by notice of motion shall be posted before the Court for final orders on the returnable date.

4. A notice of motion shall be instituted in the suit or matter in which the application is intended to be made and shall state the time and place of application and the nature of the order asked for and shall be addressed to the party or parties intended to be affected by it, unless they have an advocate-on-record, in which case it will be addressed to the advocate-on-record, and shall be signed by the advocate-on-record of the party moving, or by the party himself where he acts in person.

5. (1) Unless otherwise ordered, the notice of motion together with the affidavit in support thereof shall be served on the opposite party not less than seven days before the day appointed for the motion where such opposite party has entered appearance, and not less than fourteen days before the day appointed for the motion where such party has not entered appearance.

The affidavits in opposition shall be filed in the Registry not later than five days before the day appointed for the hearing and affidavits in reply shall be filed not later than two days before the day of hearing. The affidavits in opposition or reply shall be served on the opposite party or parties and shall not be accepted in the Registry unless they contain an endorsement of service signed by such party or parties.

(2) Leave to serve short notice of motion may be obtained ex-parte from the Registrar upon affidavit.

6. Notice shall be given to the other party or parties of all grounds intended to be urged in support of, or in opposition to, any motion.

7. Any interlocutory or miscellaneous application, notwithstanding that it is made in an appeal or other proceeding in which a substantial question of law as to the interpretation of the Constitution is raised, may be heard and decided by a Bench of not less than five Judges.

Supreme Court Rules 1966: 

ORDER XI

AFFIDAVITS

1. The Court may at any time, for sufficient reason, order that any particular

fact or facts may be proved by affidavit, or that the affidavit of any witness may

be read at the hearing, on such conditions as the Court thinks reasonable:

Provided that where it appears to the Court that either party bona fide

desires the production of a witness for cross-examination and that such witness

can be produced, an order shall not be made authorising the evidence of such

witness to be given by affidavit.

2. Upon any application evidence may be given by affidavit; but the Court

may, at the instance of either party, order the attendance for cross-examination of

the deponent, and such attendance shall be in Court, unless the deponent is exempted

from personal appearance in Court or the Court otherwise directs.

3. Every affidavit shall be instituted in the cause, appeal or matter in which

it is sworn.

33

THE SUPREME COURT RULES, 1966

4. Every affidavit shall be drawn up in the first person, and shall be divided

into paragraphs to be numbered consecutively, and shall state the description,

occupation, if any, and the true place of abode of the deponent.

5. Affidavits shall be confined to such facts as the deponent is able of his own

knowledge to prove, except on interlocutory applications, on which statements of

his belief may be admitted, provided that the grounds thereof are stated.

6. An affidavit requiring interpretation to the deponent shall be interpreted by

an interpreter nominated or approved by the Court, if made within the State of

Delhi, and if made elsewhere, shall be interpreted by a competent person who shall

certify that he has correctly interpreted the affidavit to the deponent.

7. Affidavits for the purposes of any cause, appeal or matter before the Court

may be sworn before a Notary or any authority mentioned in section 139 of the

Code or before the Registrar of this Court, or before a Commissioner generally

or specially authorised in that behalf by the Chief Justice.

8. Where the deponent is a pardahnashin lady, she shall be identified by a

person to whom she is known and that person shall prove the identification by a

separate affidavit.

9. Every exhibit annexed to an affidavit shall be marked with the title and

number of the cause, appeal or matter and shall be initialled and dated by the

authority before whom it is sworn.

10. No affidavit having any interlineation, alteration or erasure shall be filed

in Court unless the interlineation or alteration is initialled, or unless in the case of

an erasure the words or figures written on the erasure are rewritten in the margin

and initialled, by the authority before whom the affidavit is sworn.

11. The Registrar may refuse to receive an affidavit where in his opinion the

interlineations, alterations, or erasures are so numerous as to make it expedient that

the affidavit should be rewritten.

12. Where a special time is limited for filing affidavits, no affidavit filed after

that time shall be used except by leave of the Court.

13. In this Order, ‘affidavit’ includes a petition or other document required

34

THE SUPREME COURT RULES, 1966

to be sworn or verified; and ‘sworn’ includes affirmed. In the verification of

petitions, pleadings or other proceedings, statements based on personal knowledge

shall be distinguished from statements based on information and belief. In the case

of statements based on information, the deponent shall disclose the source of this

information