Supreme Court Rules 2013 - Order XVII | Order 17

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 


Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले


Supreme Court Rules 2013: 

Order XVII


Miscellaneous


1. The filing of a special leave petition or an appeal shall not prevent execution of the decree or order appealed against but the Court, may, subject to such terms and conditions as it may think fit to impose, order a stay of execution of the decree or order, or order a stay of proceedings, in any case under appeal to the Court.

2. A party to a special leave petition or an appeal who appears shall furnish the Registrar complete postal address (and e-mail address, if any) which shall be treated as his registered address for service and all documents left at that address, or sent by registered post to that address, shall be deemed to have been duly served. If the party does not have an e-mail address, a statement to that effect shall be made.

3. In cases where intervention is allowed by the Court, the intervener or interveners shall be entitled to receive documents produced and relied upon by the petitioner(s), unless directed otherwise by the Court. The intervener(s) may make oral submissions with the leave of the Court.



Supreme Court Rules 1966: 

ORDER XVII

1

[APPEALS AND APPLICATIONS BY INDIGENT PERSON]

1. An application for leave to proceed as 1

[an indigent person] shall be made

on a petition. It shall be accompanied by:

(a) a copy of the petition of appeal and the documents referred to in

rule 3 of Order XV, or of the petition for special leave and the

documents mentioned in rule 5 of Order XVI, as the case may be,

and

(b) an affidavit from the petitioner disclosing all the property to which he

is entitled and the value thereof other than his necessary wearing

apparel and his interest in the subject-matter of the intended appeal

and stating that he is unable to provide security or surety for the cost

of respondent and pay Court fees.

2. The Registrar shall, on satisfying himself that the petition is in order, direct

that the petition shall be 2

[registered] and set down for hearing before the Chamber

Judge on a date to be fixed for the purpose.

3. The application shall be posted before the Judge in Chambers who may

himself inquire into the 1

[indigency] of the petitioner after notice to the other parties

in the case and to the Attorney-General, or make an order directing the High Court

either by itself or by a Court subordinate to the High Court, to investigate the

1. Subs. by G.S.R. 994, dated 8th December, 1982 (w.e.f. 25-12-1982).

2. Subs. by G.S.R. 410, dated 26th February, 1968 (w.e.f. 26.2.1968).

57

THE SUPREME COURT RULES, 1966

1

[indigency] after notice to the parties interested and submit a report thereon within

such time as may be fixed by the order. On receipt of the report, the petition shall

again be posted before the Judge in Chambers for further orders:

Provided that, if the applicant was allowed to sue or appeal as 1

[an indigent

person] in the Court from whose decree the appeal is preferred, no further

inquiry in respect of his 1

[indigency] shall be necessary, unless this Court sees

cause to direct such inquiry.

4. In granting or refusing leave to appeal as 1

[an indigent person], the

Court shall ordinarily follow the principles set out in sub-rule (2) of rule 1 of

Order XLIV of the Code.

5. Where a petitioner obtains leave of the Court to appeal as 1

[an indigent

person] he shall not be required to pay Court fees 2

[on the documents filed in the

case or fees payable for service of process. He shall, however, be required to pay

fees for obtaining copies of any documents or orders].

6. The Judge in Chambers may assign an advocate on record to assist 1

[an

indigent person] in the case, unless the 1

[indigent person] has made his own

arrangement for his representation. Such assignment shall ordinarily be from a panel

of advocates willing to assist 1

[indigent persons] and chosen by the Judge in

Chambers. It shall however be open to the Judge in Chambers in his discretion to

assign an advocate outside the panel in any particular case.

7. (a) No fees shall be payable by 1

[an indigent person] to his advocate, nor

shall any such fees be allowed on taxation against the other party except by an order

of Court. The advocate may however receive from the 1

[indigent person] money

for out of pocket expenses, if any, properly incurred in the case.

(b) It shall be open to the Court, if it thinks fit, to award costs against the

adverse party or out of the property decreed to 1

[an indigent person] and direct

payment of such costs to the advocate for the 1

[indigent person].

(c) Save as aforesaid no person shall take or agree to take or seek to obtain

from 1

[an indigent person] any fee, profit or reward for the conduct of his case,

and any person who takes, agrees to take or seeks to obtain, any such fee, profit

1. Subs. by G.S.R. 994, dated 8th December, 1982 (w.e.f. 25-12-1982).

2. Subs. by G.S.R. 466, dated 22nd June, 1983 (w.e.f. 2-7-1983).

58

THE SUPREME COURT RULES, 1966

or reward, shall be guilty of Contempt of Court.

(d) Soon after 1

[an appeal by an indigent person] has been heard and disposed

of, the advocate for the 1

[indigent person] shall file in the Registry a statement of

account showing what moneys, if any, were received by him in the case on any

account from the 1

[indigent person] or from any person on his behalf and the

expenditure incurred. If no moneys had been received, a statement shall be filed to

that effect. The Taxing Officer may, where he thinks it necessary, place the statement

filed before the Judge in Chambers for his perusal and orders.

8. Where the appellant succeeds in the appeal, the Registrar shall calculate

the amount of Court-fees which would have been paid by the appellant if he

had not been permitted to appeal as 1

[an indigent person] and incorporate it in the

decree or order of the Court; such amount shall be recoverable by the Government

of India from any party ordered by the Court to pay the same, and shall be the first

charge on the subject-matter of the appeal.

9. Where the appellant fails in the appeal or 1

[the permission granted to him

to sue as an indigent person has been withdrawn], the Court may order the appellant

to pay the Court-fees which would have been paid by him if he had not been

permitted to appeal as 1

[an indigent person].

10. The Central Government shall have the right at any time to apply to the

Court to make an order for the payment of Court-fees under rule 8 or rule 9.

11. All matters arising between the Central Government and any party to the

appeal under the three preceding rules shall be deemed to be questions arising

between the parties to the appeal.

12. In every 1

[appeal by an indigent person] the Registrar shall, after the

disposal thereof, send to the Attorney-General for India a memorandum of the courtfees payable by the 1

[indigent person].

13. No appeal or other proceeding begun, carried on or defended by 1

[an

indigent person] shall be compromised or discontinued without the leave of the

Court.

1. Subs. by G.S.R. 994, dated 8th December, 1982 (w.e.f. 25-12-1982).

1. Ins. by G.S.R. 410, dated 26th February, 1968 (w.e.f. 26-2-1968).

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