Supreme Court Rules 2013 - Order XXXV | Order 35
Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed)
Supreme Court Rules 2013:
Withdrawal And Adjustment Of Suits
1. Rules 1, 2 and 3 of Order XXIII in the First Schedule to the Code with respect to the withdrawal and adjustment of suits shall apply in suits instituted before the Court.
2. No new suit shall be brought in respect of the same subject-matter until the terms or conditions, if any, imposed by the order permitting the withdrawal of a previous suit or giving leave to bring a new suit have been complied with.
Supreme Court Rules 1966:
APPLICATIONS FOR ENFORCEMENT OF FUNDAMENTAL
RIGHTS(ARTICLE 32 OF THE CONSTITUTION)
1. (1) Every petition under article 32 of the Constitution shall be in writing
and shall be heard by a Division Court of not less than five Judges provided
that a petition which does not raise a substantial question of law as to the
interpretation of the Constitution may be heard and decided by a Division Court
of less than five Judges, and, during vacation, by the Vacation Judge sitting
(2) All interlocutory and miscellaneous applications connected with a
petition under article 32 of the Constitution, may be heard and decided by a
Division Court of less than five Judges, and, during vacation, by the Vacation
Judge sitting singly, notwithstanding that in the petition a substantial question of law
as to the interpretation of the Constitution is raised.
2. No Court-fees shall be payable on petitions for habeas corpus or other
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petitions under Article 32 of the Constitution arising out of criminal proceedings, or
in proceedings connected with such petitions.
3. A petition for a writ of habeas corpus shall be accompanied by an affidavit
by the person restrained stating that the petition is made at his instance and setting
out the nature and circumstances of the restraint;
Provided that where the person restrained is unable owing to the restraint to
make the affidavit, the petition shall be accompanied by an affidavit to the like effect
made by some other person acquainted with the facts, which shall state the reason
why the person restrained is unable to make the affidavit.
The petition shall state whether the petitioner has moved the High Court
concerned for similar relief and if so, with what result.
4. The petition shall be posted before the Court for preliminary hearing,
and if the Court is of the opinion that a prima facie case for granting the petition
is made out, rule nisi shall issue calling upon the person or persons against
whom the order is sought, to appear on a day to be named therein to show cause
why such order should not be made and at the same time to produce in Court the
body of the person or persons alleged to be illegally or improperly detained then
and there to be dealt with according to law.
5. On the return day of such rule or any day to which the hearing thereof
may be adjourned, if no cause is shown or if cause is shown and disallowed,
the Court shall pass an order that the person or persons improperly detained shall
be set at liberty. If cause is shown and allowed, the rule shall be discharged. The
order for release made by the Court, shall be a sufficient warrant to any gaoler,
public official, or other person for the release of the person under restraint.
6. In disposing of any rule, the Court may in its discretion make such order
for costs as it may consider just.
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MANDAMUS, PROHIBITION, CERTIORARI, QUO-WARRANTO
AND OTHER DIRECTIONS OR ORDERS
7. A petition for a direction, or order, or writ including writs in the nature of
mandamus, prohibition, quo-warranto or certiorari shall set out the name and
description of the petitioner, the nature of the fundamental right infringed the relief,
sought and the grounds on which it is sought and shall be accompanied by an affidavit
verifying the facts relied on and at least 1
[seven] copies of the petition and affidavit
shall be lodged in the Registry. The petition shall also state whether the petitioner
has moved the High Court concerned for similar relief and, if so, with what result.
8. The petition shall be posted before the Court for preliminary hearing and
orders as to the issue of notice to the respondent. Upon the hearing, the Court, if
satisfied that no fundamental right guaranteed by the Constitution has been infringed
or that the petition is otherwise untenable, shall dismiss the petition and if not so
satisfied, shall direct a rule nisi to issue to the respondent calling upon him to show
cause why the order sought should not be made, and shall adjourn the hearing for
the respondent to appear and be heard.
[8A.If the Court, on preliminary hearing, orders issue of show cause notice
to the Respondent, he shall be entitled to file his objections within 30 days from the
date of receipt of such notice or not later than 2 weeks before the date appointed
for hearing, whichever be earlier.]
9. Upon making the order for a rule nisi, the Court may, if it thinks fit, grant
such ad-interim relief to the petitioner as the justice of the case may require, upon
such terms if any as it may consider just and proper.
[10. (1) Unless the Court otherwise orders, the rule nisi together with a copy
of the petition and of the affidavit in support thereof shall be served on the respondent
not less than twenty-one days before the returnable date. The rule shall be served
on all persons directly affected and on such other persons as the Court may direct.
(2) Affidavits in opposition shall be filed in the Registry not later than four days
before the returnable date and affidavits in reply shall be filed within two days of
the service of the affidavit in opposition.
(3)Within four weeks of the filing of the pleadings, the petitioner shall file written
1. Sub. by G.S.R. 410, dated 26th February, 1968 (w.e.f. 26-2-1968).
2. Ins. by G.S.R. 127(E) dated 22nd February, 2006 (w.e.f. 1-3-2006).
3. Sub. by G.S.R. 1066, dated 24th September, 1973 (w.e.f. 29-9-1973).
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brief prepared in the following manner, namely:-
(a) At the outset, the brief shall contain a short summary of the pleading
essential for the decision of the points in issue. This shall ordinarily
not exceed two pages:
(b) Thereafter, the petitioner shall formulate propositions of fact and law
that are proposed to be advanced at the hearing citing under each of
those propositions, authorities including text books, statutory
provisions, regulations, ordinances or bye-laws or orders that are
desired to be relied upon. In the case of decisions, reference shall
be given to official reports, if available. In the case of text books
reference shall, if possible, be given to the latest edition. Where any
statute, regulation, rule or ordinance or bye-law is cited or relied upon,
so much thereof as may be necessary for the decision of the points
in issue shall be set out.
(4) Within four weeks of the service of the petitioner’s written brief on him,
the contesting respondent shall file his written brief setting out briefly the grounds
on the basis of which he is opposing each of the propositions formulated by the
petitioner. Under each of those grounds he shall cite such authorities as he may seek
to rely in the same manner as the petitioner is required to do under sub-rule (3). In
his written brief, the respondent may raise objections as to the maintainability or
sustainability of either the petition as a whole or any relief claimed therein in the
form of propositions, supported by authorities in the manner mentioned earlier.
(5) Within one week of the receipt of the brief filed by the respondent, the
petitioner may submit his reply brief which shall be concise and to the point in respect
of the points raised in the respondent’s brief.
(6) Copies of affidavits and briefs required to be filed under this rule shall be
served on the opposite party or parties and the affidavits or brief shall not be
accepted in the Registry, unless they contain an endorsement of service signed by
such party or parties. Every party to the proceeding shall supply to any other party
on demand and on payment of the proper charges, copies of any affidavit or brief
filed by him. At least seven copies of affidavits and briefs shall be lodged in the
(7) If the Court considers any of the propositions formulated or grounds taken
by any of the parties in the written briefs filed as being irrelevant of frivolous the
Court may award against such party or parties such costs as the Court may
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1. Substituted by G.S.R. 407 dated 9th December, 1997 (w.e.f. 20-12-1997).
2. Amended by G.S.R. 1697, dated 7th December. 1977 (w.e.f. 17-12-1977).
3. Added by G.S.R. 96 (E), dated 16th February, 1987 (w.e.f. 16-2-1987).
(8) At the hearing of rule nisi, except with the special permission of the Court,
no party shall be allowed to advance any proposition or urge any
ground not taken in the written briefs, nor shall be allowed to rely on
any authorities (including provisions of statute, rule, bye-law, regulation
or order) other than those mentioned in the briefs, unless such
authorities or provisions have been published or made after the written
briefs were filed into Court.
(9) At the hearing the rule nisi, if the Court is of the opinion that an opportunity
be given to the parties to establish their respective cases by leading further evidence,
the Court may take such evidence or cause such evidence to be taken in such manner
as it may deem fit and proper.
(10) No party to a petition under this rule shall be entitled to be heard by
the Court unless he has previously lodged his written brief in the petition.]
11. The provisions contained in rules 1
[1 to 10] respectively of Order XVIII
relating to petitions shall, so far as may be applicable, apply to petitions under this