Supreme Court Rules 2013 - Order XVI | Order 16

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 


Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले


Supreme Court Rules 2013: 

Order XVI


Hearing Of Appeals


1. At the hearing of an appeal not more than one advocate shall be heard on behalf of the appellant/appellants and not more than one Advocate on behalf of each respondent/each set of respondents, unless directed otherwise by the Court.

2. No party shall, without the leave of the Court, rely at the hearing on any ground not specified in the statement of the case filed by him.

3. Where the Court, after hearing an appeal, decides to reserve its Judgment thereon, the date of pronouncement shall be notified by the Registrar in the daily cause list.

4. (1) An appellant whose appeal has been dismissed for default of appearance may, within thirty days of the order, present a petition praying that the appeal may be restored and the Court may, after giving notice of such application to the respondent who has entered appearance in the appeal, restore the appeal if good and sufficient cause is shown, putting the appellant on terms as to costs or otherwise as it thinks fit, or pass such other order as the circumstances of the case and the ends of justice may require.

(2) Where an appeal is heard ex-parte and Judgment is pronounced against the respondent, he may apply to the Court to re-hear the appeal, and if he satisfies the Court that the appeal was set down ex-parte against him without notice to him or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing the Court may re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.



Supreme Court Rules 1966: 

ORDER XVI

APPEALS BY SPECIAL LEAVE

1. Where 1

[certificate of fitness] to appeal to the Court was refused in a case

by the High Court, a petition for special leave to appeal to the Court shall, subject

to the provisions of sections 4,5,12 and 14 of the Limitation Act, 1963 (36 of 1963)

be lodged in the Court within sixty days from the date of the order of refusal and in

any other case within ninety days from the date of the Judgment or Order sought to

be appealed from:

Provided that where an application for leave to appeal to the High Court from

the Judgment of a single Judge of that Court has been made and refused, in computing

the period of limitation in that case under this rule, the period from the making of

that application and the rejection thereof shall also be excluded.

Explanation:- For purposes of this rule, the expression ‘order of refusal’ means

the order refusing to 2

[grant the certificate under article 134A of the Constitution

being a certificate of the nature] referred to in article 132 or article 133 of the

Constitution on merits and shall not include an order rejecting the application on

the ground of limitation or on the ground that such an application is not maintainable.

2. Where the period of limitation is claimed from the date of the refusal of 2

[a

certificate under article 134A of the Constitution, being a certificate of the nature

referred to in article 132 or article 133 of the Constitution], it shall not be necessary

to file the order refusing the certificate, but the petition for special leave shall be

accompanied by an affidavit stating the date of the Judgment sought to be appealed

from, the date on which the application for a certificate of fitness to appeal to the

Court was made to the High Court, the date of the order refusing the certificate,

and the ground or grounds on which the certificate was refused and in particular

whether the application for the certificate was dismissed as being out of time.

1. Subs. by G.S.R. 272, dated 17th June, 1997 (w.e.f. 28-6-1997).

2. Subs. by G.S.R. 506, dated 21st May, 1981 (w.e.f 30-5-1981).

51

THE SUPREME COURT RULES, 1966

1

[***]

2

[4. 3

[(1)] (a) The petition for seeking special leave to appeal (SLP) filed before

the Court, under Article 136 of the Constitution shall be in Form No. 28 appended

to the rules. No separate application for interim relief need be filed. Interim prayer

if any should be incorporated in Form No. 28.

(b) Alongwith the petition, list of dates in chronological order with relevant

material facts or events pertaining to each of the dates shall be furnished.

(c) SLPs shall be confined only to the pleadings before the Court/Tribunal whose

order is challenged. However, the petitioner may, with due notice to the respondent,

and with leave of the Court urge additional grounds, at the time of hearing.

(d) (i) The petitioner may produce copies of such petition/documents which

are part of the record in the case before the Court/Tribunal below if and to the

extent necessary to answer, the question of law arising for consideration in the petition

or to make out the grounds urged in the SLP, as Annexures to the petition-numbering

them as Annexure 1, 2, 3 and so on.

(ii) If the petitioner wants to produce any document which was not part of the

records in the Court below he shall make a separate application stating the reasons

for not producing it in the Court/Tribunal below and the necessity for its production

in the Court and seek leave of the Court for producing such additional documents.

(e) Every petition shall be supported by the affidavit of the petitioners or one

of the petitioners as the case may be or by any person authorised by the petitioner

in which the deponent shall state that the facts stated in the petition are true and the

statement of dates and facts furnished along with the SLP are true to his knowledge

and/or in formation and belief.

(f) The papers of the SLP shall be arranged in the following order:

(i) List of dates in terms of clause (b) of sub-rule (1).

(ii) Certified copies of the judgment and order against which the leave

1. Rule 3 omitted by G.S.R. 1024, dated 9th August, 1978 (w.e.f 19-8-1978).

2. Subs. by G.S.R. 272, dated 17th June, 1997 (w.e.f.28-6-1997).

3. Rule 4 renumbered as sub-rule (1) thereof by G.S.R. 995, dated 8th December, 1982 (w.e.f.

25-12-1982).

52

THE SUPREME COURT RULES, 1966

to appeal is sought for.

(iii) The special leave petition in the prescribed Form No. 28.

(iv) Annexures, if any, filed alongwith the SLP.

(g) If notice is ordered on the special leave petition, the petitioner should take

steps to serve the notice on the respondent. Provided in the case of a special leave

petition against an interlocutory order, the notice may be served on the advocate

appearing for the party in the Court/Tribunal against whose order the leave to appeal

is sought for.]

1

[(2) No petition shall be entertained by the Registry unless it contains a

statement as to whether the petitioner had filed any petition for special leave to appeal

against the impugned Judgment or order earlier and if so, with what result, duly

supported by an affidavit of the petitioner or his Pairokar only.

(3) The Court shall, if it finds that the petitioner has not disclosed the fact of

filing a similar petition earlier and its dismissal by this Court, dismiss the second

petition if it is pending or, if special leave has already been granted therein, revoke

the same.]

2

[(4) The petition shall also contain a statement as to whether the matter was

contested in the Court appealed from and if so, the full name and address of all the

contesting parties shall be given in the statement of facts in the petition.]

5. The petition shall be accompanied by-

(i) a certified copy of the Judgment or order appealed from; and

(ii) an affidavit in support of the statement of facts contained in the

petition.

6. No annexures to the petition shall be accepted unless such annexures

are certified copies of documents which have formed part of the record of the

case in the Court sought to be appealed from; provided that uncertified copies of

documents may be accepted as annexures if such copies are affirmed to be true

copies upon affidavit.

1. Ins. by G.S.R. 995. dated 8th December, 1982 (w.e.f. 25-12-1982).

2. Ins. by G.S.R. 189, dated 15th March, 1991 (w.e.f. 30-3-1991).

53

THE SUPREME COURT RULES, 1966

7. The petitioner shall file at least seven spare sets of the petition and of the

accompanying papers.

8. Where any person is sought to be impleaded in the petition as the legal

representative of any party to the proceedings in the Court below, the petition shall

contain a prayer for bringing on record such person as the legal representative and

shall be supported by an affidavit setting out the facts showing him to be the proper

person to be entered on the record as such legal representative.

9. Where at any time between the filing of the petition for special leave to appeal

and the hearing thereof the record becomes defective by reason of the death or

change of status of a party to the appeal or for any other reason, an application

shall be made to the Court stating who is the proper person to be substituted or

entered on the record in place of or in addition to the party on record. Provisions

contained in rule 33 of Order XV shall apply to the hearing of such applications.

10. (1) Unless a caveat as prescribed by rule 2 of Order XVIII has been

lodged by the other parties, who appeared in the Court below, petitions for

grant of special leave shall be put up for hearing ex-parte, but the Court, if it

thinks fit, may direct issue of notice to the respondent and adjourn the hearing

of the petition:

Provided that where a petition for special leave has been filed beyond the period

of limitation prescribed therefor and is accompanied by an application for

condonation of delay, the Court shall not condone the delay without notice to the

respondent.

(2) A caveator shall not be entitled to costs of the petition, unless the Court

other wise orders.

Where a caveat has been lodged as aforesaid, notice of the hearing of the

petition shall be given to the caveator; but a caveator shall not be entitled to costs

of the petition, unless the Court otherwise orders.

1

[(3) Notwithstanding anything contained in sub-rules (1) and (2) above, the

Respondents who contested the matter in the Court appealed from shall be informed

about the decision on the petition after it is heard ex-parte, if the petition stands

dismissed.]

1. Ins. by G.S.R. 189, dated 15th March, 1991 (w.e.f. 30-3-1991).

54

THE SUPREME COURT RULES, 1966

1

[l0A. (1) Where the petitioner is not represented by an Advocate of his choice,

the Court may in a proper case direct the engagement of an Advocate amicus curiae

at the cost of the State. The fees of the Advocate so engaged shall be Rs. 250/- up

to the admission stage and a lump sum not exceeding Rs. 500/- for the hearing of

the appeal arising therefrom as may be fixed by the Bench hearing the appeal, and

in an appropriate case the Bench hearing the case may, for the reasons to be

recorded in writing, sanction payment of a lump sum not exceeding Rs. 750/- to

the said Advocate.

(2) After the hearing of the petition or the appeal, as the case may be, is over,

the Registrar or the Deputy Registrar shall issue to the Advocate amicus curiae a

certificate in the prescribed form, indicating therein the name of the said Advocate

engaged at the cost of the State, and the amount of fees payable to the said

Advocate.

(3) The State concerned shall pay the fees specified in the certificate issued

under sub-rule (2) to the Advocate named therein within three months from the date

of his presenting before it his claim for the fees supported by the certificate. If the

fees are not paid within the period abovesaid, the Advocate shall be entitled to

recover the same from the State concerned by enforcement of the certificate as an

Order as to costs under the Supreme Court (Decrees and Orders) Enforcement

Order, 1954.

Explanation:- For the purposes of this rule, the term “State” shall include a

Union territory.]

11. On the grant of special leave, the petition for special leave shall, subject

to the payment of additional Court-fee, if any, be treated as the petition of appeal

and it shall be registered and numbered as such. The provisions contained in Order

XV shall with necessary modifications and adaptations, be applicable to appeals

by special leave and further steps in the appeal shall be taken in accordance with

the provisions therefor:

2

[Provided that if the respondent had been served with the notice in the Special

Leave Petition or had filed caveat or had taken notice, no further notice is required

after the lodging of the appeal.]

1. Added by G.S.R. 541, dated 26th June, 1987 (w.e.f. 18-7-1987).

2. Ins. by G.S.R. 272, dated 17th June, 1997 (w.e.f. 28-6-1997).

55

THE SUPREME COURT RULES, 1966

1

[11A The record of the appeal arising out of the petition for special leave

shall normally consist of the petition of appeal and the paper book of the Court

below, if available, plus such additional documents that the parties may file from the

record of the case, if the printed record of the Court below be not available. In

that event, no fresh printing of the record shall be necessary, and the original record

will be called for, from the Court below for reference of the Court:

Provided however, that where in a particular case the Court feels that fresh

printing of record is necessary, a specific order to that effect shall be made by the

Court at the time of granting special leave to appeal, the provisions contained in

Order XV relating to preparation of record shall with necessary modification and

adaptation apply.]

2

[12. While granting special leave in all matters in which the Bench granting

special leave is of the opinion that the matter is capable of being disposed of within

a short time, say within an hour or two, it will indicate accordingly. The office shall

maintain a separate register of such matters to enable the Chief Justice to constitute

a Bench for the disposal of such matters.]

3

{13. 4

[(1) Respondent to whom a notice in a Special Leave Petition is issued

or who had filed a caveat shall be entitled to oppose the grant of leave or interim

orders, without filing any written objections. He shall also be at liberty to file his

objections within 30 days from the date of receipt of notice or not later than 2 weeks

before the date appointed for hearing, whichever be earlier, but shall do so only by

setting out the grounds in opposition to the questions of law or grounds set out in

the SLP and may produce such pleadings and documents filed before the Court/

Tribunal against whose order the SLP is filed and shall also set out the grounds for

not granting interim order or for vacating interim order if already granted.]

(2) No separate application for vacating interim order need be filed. The

respondent shall, however, be at liberty to file application for vacating stay separately

before or after filing objections.

(3) (a) Where any statement of objection is filed by the respondent, it shall be

supported by an affidavit of the party or any person authorised by him verifying to

the correctness of the statements made therein and also to the effect that annexures

1. Added by G.S.R 189, dated 15th March, 1991 (w.e.f. 30-3-1991).

2. Ins. by G.S.R. 387, dated 13th March, 1978(w.e.f. 18-3-1978).

3. Ins. by G.S.R. 272, dated 17th June, 1997 (w.e.f. 28-6-1997).

4. Subs. by G.S.R. 127 (E), dated 22nd February, 2006 (w.e.f. 1-3-2006).

56

THE SUPREME COURT RULES, 1966

produced are the true copies of the originals which formed part of record in the

Court below.

(b) If respondent wants to produce any document which was not part of the

record in the Court below, he shall file an application seeking permission of the Court

to produce such documents setting out the reason as to why it was not produced in

the Court below as also the necessity of producing it before the Court.

(4) The respondent may, if considered necessary, file additional list of dates

with material facts in addition to those furnished by the petitioners if he considers

that the list of dates and facts by the petitioner is inaccurate or incomplete.}

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