Supreme Court Rules 2013 - Order XXIV | Order 24

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order XXIV

Appeals Under Section 23 Of The Consumer

Protection Act, 1986 (68 Of 1986)

1. The petition of appeal from an order made by the National Consumer Disputes Redressal Commission (hereinafter referred to as 'The National Commission') under sub-clause (i) of clause (a) of section 21 of the Consumer Protection Act, 1986 (68 of 1986), shall, subject to the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963), be presented by an aggrieved person within thirty days from the date of the order sought to be appealed against:

Provided that for computing the said period, the time requisite for obtaining a copy of such order shall be excluded.

2. The petition of appeal shall recite succinctly and clearly all the relevant facts leading up to the order appealed from, and shall set forth in brief the objections to the order appealed from and the grounds relied on in support of the appeal. The petition shall also state the date of the order appealed from as well as the date on which it was received by the appellant.

3. The petition of appeal shall be accompanied by: -

(i) an authenticated copy of the order appealed from;

[(ii) one spare set of the petition and of the accompanying papers at the time of filing and when the matter is re-filed after removing the defects the Advocates-On-Record or Parties appearing-in-person shall submit at least three sets of paper books along with set of original papers, with the declaration that the paper books are complete in all respects,]

(iii) a Bank draft for rupees fifty thousand or fifty percent of the amount whichever is less, required to be paid by the person intending to appeal, in terms of the order of the National Commission, drawn in favour of the Registrar, Supreme Court of India,payable at New Delhi.

4. After the appeal is registered, it shall be put up for hearing ex-parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such orders as the circumstances of the case may require.

5. A fixed Court fee of Rs.5000/- shall be payable on the petition of appeal under this order.

6. The amount so deposited by the appellant in terms of the provisions of clause (iii) of rule 3 will remain in the Suitors' Fund Account till the disposal of the appeal or till such time as the Court may direct from time to time.

7. If the appeal is allowed by the Court the amount deposited by the appellant would be refunded to him without interest but if it is dismissed, the same will be allowed to be withdrawn by the respondent or may be disbursed as per the direction of the Court in that behalf.

8. Save as otherwise provided by the rules contained in this order, the provisions of other orders shall apply so far as may be, to appeals under section 23 of the Consumer Protection Act, 1986 (68 of 1986).

Supreme Court Rules 1966: 

ORDER XXIV

ISSUE AND SERVICE OF SUMMONS

1. When a suit has been duly instituted a summons shall be issued to the

defendant to appear and answer the claim.

2. Every summons shall be signed by the Registrar, and shall be sealed with

the seal of the Court.

3. Every summons shall be accompanied by a copy of the plaint.

4. The summons shall be served by being sent by registered post to the

Attorney-General for India or the Advocate-General for the State, as the case may

be, or to an advocate on record of the defendant empowered to accept service.

5. There shall be endorsed on every summons a notice requiring the defendant

to enter an appearance within twenty-eight days after the summons has been served.

6. A defendant shall enter the appearance by filing in the Registry a

81

THE SUPREME COURT RULES, 1966

memorandum in writing containing the name and place of business of his advocate

on record if any, and in default of appearance being entered within the time

mentioned in the summons, or as hereinafter provided, the suit may be heard exparte.

7. The defendant shall forthwith give notice of his having entered an appearance

to the plaintiff.

8. The plaintiff shall within fourteen days after the defendant has entered

an appearance take out a summons for directions returnable before the Judge

in Chambers, and the Judge shall on the hearing of the summons give such

direction with respect to pleadings, interrogatories, the admission of documents

and facts, the discovery, inspection and production of documents and such other

interlocutory matters as he may think expedient.