Supreme Court Rules 2013 - Order XIII | Order 13

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order XIII

Copying

1. A party to a proceeding in the Supreme Court shall be entitled to apply for and receive certified copies of all pleadings, judgments, decrees or orders, documents and deposition of witnesses made or exhibited in the said proceeding.

2. The Court on the application of a person who is not a party to the case, appeal or matter, pending or disposed of, may on good cause shown, allow such person to receive such copies as is or are mentioned in the last preceding rule.

3. Application for ''certified copy'' or unauthenticated ''copy'' may be presented in the prescribed form [Form No. 29] by an advocate-on-record [or an advocate who argued the matter or an advocate authorized by the Advocates-On-Records in the case].

4. On every copy after it is prepared, the following shall be entered :-

(a) application filed on :-

(b) the date given to receive copy :-

(c) date on which copy is made ready:-

(d) the date on which the copy is received by the applicant or sent to the applicant.

5. Every certified copy issued by this Court shall be certified by the Assistant Registrar/Branch Officer or such other officer as may be authorised in that behalf by the Registrar, to be true copy of the original and shall be sealed with the seal of the Supreme Court, in accordance with Rule 6 of Order III of the Rules.

6. (1) No certified copy shall be given of any registered document or of a document which is itself a 'copy' of the original document. However, if such a document is a copy annexed with any petition/appeal/application/reply or any other pleading presented in Supreme Court then a 'copy' may be issued.

(2) Any ''copy'' other than ''certified copy'' shall bear an endorsement that ''it is not a certified copy''.

7. Notwithstanding anything contained in this order, no party or person shall be entitled as of right to receive copies of or extracts from any minutes, letter or document of any confidential nature or any paper sent, filed or produced, which the Chief Justice or the Court directs to keep in sealed cover or considers to be of confidential nature or the publication of which is considered to be not in the interest of the public, except under and in accordance with an order specially made by the Chief Justice or by the Court.

8. The functioning of the Copying Branch shall be regulated as per the guidelines and directions issued by the Chief Justice from time to time.

Supreme Court Rules 1966: 

ORDER XIII

JUDGMENTS, DECREES AND ORDERS

1. The Court, after the case has been heard, shall pronounce judgment in

open Court, either at once or on some future day, of which due notice shall be

given to the parties or their advocates on record, and the decree or order shall be

drawn up in accordance therewith.

2. A member of the Court may read a judgment prepared by another member

of the Court.

3. Subject to the provisions contained in Order XL of these rules, a judgment

pronounced by the Court or by a majority of the Court or by a dissenting Judge

in open Court shall not afterwards be altered or added to, save for the purpose

of correcting a clerical or arithmetical mistake or an error arising from any accidental

slip or omission.

4. Certified copies of the judgment, decree or order shall be furnished to the

parties on requisition made for the purpose, and at their expense.

5. Every decree passed or order made by the Court shall be drawn up in the

Registry and be signed by the Registrar or Deputy Registrar and sealed with the

seal of the Court and shall bear the same date as the judgment in the suit or appeal.

6. The decree passed or order made by the Court in every appeal, and any

order for costs in connection with the proceedings therein, shall be transmitted by

the Registrar to the Court or Tribunal from which the appeal was brought, and

steps for the enforcement of such decree or order shall be taken in that Court or

Tribunal in the way prescribed by law.

7. Orders made by the Court in other proceedings shall be transmitted by the

Registrar to the judicial or other authority concerned to whom such orders are

directed, and any party may apply to the Judge in Chambers that any such order,

including an order for payment of costs, be transmitted to any other appropriate

Court or other authority for enforcement.

8. In cases of doubt or difficulty with regard to a decree or order made by

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THE SUPREME COURT RULES, 1966

the Court, the Registrar or the Deputy Registrar shall, before issuing the draft,

submit the same to the Court.

9. Where the Registrar or the Deputy Registrar considers it necessary that the

draft of any decree or order should be settled in the presence of the parties or

where the parties, require it to be settled, in their presence, the Registrar or the

Deputy Registrar shall, by notice in writing, appoint a time for settling the same and

the parties shall attend the appointment and produce the briefs and such other

documents as may be necessary to enable the draft to be settled.

10. Where any party is dissatisfied with the decree or order as settled by the

Registrar, the Registrar shall not proceed to complete the decree or order without

allowing that party sufficient time to apply by motion to the Court