Supreme Court Rules 2013 - Order XLI | Order 41

Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order XLI

Applications For Transfer Under Article 139a(2) Of The Constitution And Section 25 Of The Code Of Civil Procedure, 1908

1. Every petition under article 139A(2) of the Constitution or section 25 of the Code of Civil Procedure, 1908, shall be in writing. It shall state succinctly and clearly all relevant facts and particulars of the case, the name of the High Court or other Civil Court in which the case is pending and the grounds on which the transfer is sought. The petition shall be supported by an affidavit.

2. The petition shall be posted before the Court for preliminary hearing and orders as to issue of notice. Upon such hearing the Court, if satisfied that no prima facie case for transfer has been made out, shall dismiss the petition and if upon such hearing the Court is satisfied that a prima facie case for granting the petition is made out, it shall direct that notice be issued to the parties in the case concerned to show cause why the case be not transferred. A copy of the Order shall be transmitted to the High Court concerned.

3. The notice shall be served not less than four weeks before the date fixed for the final hearing of the petition. Affidavits in opposition shall be filed in the Registry not later than one week before the date appointed for hearing and the affidavit in reply shall be filed not later than two days preceding the day of the hearing of the petition. Copies of affidavits in opposition and in reply shall be served on the opposite party or parties and the affidavits shall not be accepted in the Registry unless they contain an endorsement of service signed by such party or parties.

4. The petition shall thereafter be listed for final hearing before the Court.

5. Save as otherwise provided by the rules contained in this Order the provisions of other orders (including Order LI) shall, so far as may be, apply to petition under this Order.

Supreme Court Rules 1966: 

ORDER XLI

COSTS

1. Subject to the provisions of any Statute or of these rules, the costs of and

incidental to all proceedings, shall be in the discretion of the Court. Unless the Court

otherwise orders an intervener shall not be entitled to costs.

2. Where it appears that the hearing of any suit or matter cannot

conveniently proceed by reason of the advocate on record of any party having

neglected to attend personally or by some proper person on his behalf, or

having omitted to deliver any paper necessary for the use of the Court which are in

his possession and which according to the practice ought to have been delivered,

the advocate on record shall personally pay to all or any of the parties such costs

as the Court may think fit to award.

3. Where in any proceeding, costs are awarded to any party, the Court

may direct the payment of a sum in gross in lieu of taxed costs and may further

direct by and to whom the said sum shall be paid.