THE RULES OF THE HIGH COURT OF RAJASTHAN In exercise of the powers conferred under Act 225 and 227 of the Constitution of India and all other powers enabling it in this behalf and in supersession of the Rules of the High Court of Rajasthan, 1952, the High Court of Rajasthan makes the following in relation to the practice and procedure in the High Court of Rajasthan. PART I CHAPTER I GENERAL 1. These rules may be called as "The Rules of the High Court of Rajasthan 2017", and shall come into force with effect from the date of publication of these rules in the official Gazette. They shall apply to proceedings and matters in the Rajasthan High Court commenced on, or subsequent to, that date and, so far as may be, also to proceedings and matters pending on that date. 2. INTERPRETATION:(1) In these Rules unless the context otherwise requires:“Advocates: to include senior Advocate, Advocates and Law firms as registered before the Bar Council of Rajasthan, counsel shall mean every Advocate entitled to practice in the courts or tribunals. "Certified" in relation to a copy means certified as provided in section 76 of the Indian Evidence Act, 1872; "Chief Justice" means the Chief Justice of the High Court of Judicature for Rajasthan and includes a Judge appointed under Article 223 of the Constitution of India to perform the duties of the Chief Justice. "Code" means the Code of Civil Procedure, 1908; "Constitution" means the Constitution of India; "Court" and "this Court" mean the High Court of Judicature for Rajasthan; "Division Bench" means a bench of two Judges; "Electronic Mail" is a store and forward method of composing, sending, storing and receiving messages in electronic form via a computer based communication mechanism; "Electronic Mail Service" means the summons sent in pre-designed template form by electronic mail, digitally signed by the officer of the Court or any other person authorized in this behalf by the court. "FAX" (a short form of facsimile) is the telephone transmission of scanned-in printed material (text or images) to a telephone number with a printer or any other output device; "Filing" means and includes every Plaint, Written Statement, Petition, Memorandum of Appeal, Affidavit, Application and every pleading within the meaning of the Code of Civil Procedure, 1908 which is filed with the High Court registry or tendered to Court and taken on record by the Court and which is also signed or attested by an Advocate or a party or both.

"Held up Case" means a main case in which proceedings in the lower Court or Tribunal are held up either because(a) a stay has been granted, or (b) the record of lower Court or Tribunal has been requisitioned - by the High Court. "Include" with all its grammatical variations means "including but not limited to" or "including without limitation"; "Interlocutory Application" means an application filed in a pending main case, praying for relief, interim or otherwise from the Court or the Registrar, except an application made on administrative side to the Chief Justice or the Registrar; "Judge" means a Judge of the Court; "Judgment Writer" means an officer of the Court appointed to take down notes of judgments or orders pronounced by the Court and includes any person who may for the time being be authorized or directed by the Court to take down a judgment or an order pronounced by it; "Judicial Officer" means an officer belonging to the judicial service of the State of Rajasthan; "Larger Bench" means a bench of two or more Judges as constituted; "Memorandum of Appeal" shall include a petition of appeal in a criminal matter; "Mention Memo" means a written request made to the Court for out of turn listing or early hearing of a main case for an interim relief on the ground of urgency; "Not Reached or Left Over Case" means a case which could not be or was not, for whatever reason, taken up for hearing on the day of listing; "Notice" includes "summons" Noting means prescribing and displaying on the notice board of the court. "Oath Commissioner" means a person appointed by the High Court under clause (b) of section 139 of the Code of Civil Procedure, 1908, and section 297 of the Code of Criminal Procedure, 1973, before whom affidavits and affirmations may be sworn and affirmed. Code appointing an Advocate to act for any person in this Court. "Official Website" of the High Court means the website authorised by the High Court for the display of publicly accessible information and includes every sub-domain thereof. "Paper Book" means a collection of papers in original or their copies, transliterations or translations, as the case may be, with fly sheet, index, etc. made up in accordance with these Rules for the use of the Judge or Judges hearing the case; "Part Heard Case" means a case in which bipartite hearing of a main case has commenced but not concluded, irrespective of the stage (motion or final) at which such hearing commenced and is marked "part heard" by the Court; "Peremptory Order" means a judicial order passed by the Court directing any of the parties to take a step or perform an act specified in the order, in the prosecution or defense of the case, within the period stipulated therein, ordaining that in the event of failure to comply therewith, a specified consequence shall follow without further reference to the Court. "Postal Article" includes the envelopes, packets, parcels containing summons, notices, documents or other communications of the Court handed over for service to the Approved Courier with the label "COURT SUMMONS SERVICE". "Prescribed" means prescribed by or under these Rules; "Proceeding" means the entirety of the record of any matter before the Court; "Public Interest Litigation" connotes litigation undertaken for the purpose of

redressing public injury or grievance, enforcing public duty or vindicating public interest but shall not include a matter involving individual, personal or private grievances; "Address" means the last address within the local limits of the territorial jurisdiction of the Court filed by a party in the Court or in the court below or any other registered address at which service of notice, summons or other process may be made on him; "Registrar General" means Registrar General of the High Court of Judicature for Rajasthan. "Registrar Judicial" means Registrar Judicial appointed under these Rules for the principal seat at Jodhpur and for the bench at Jaipur; "Registry" means the Registry of the High Court of Judicature for Rajasthan; "Regular Bench" means the bench hearing particular class of cases as per current roster; "Roster" means a notification issued by or under the orders of the Chief Justice, assigning particular Class(es) of cases to Judges of the High Court for a specified or unspecified period; "Sealed" means sealed with the seal of the Court; "Special Appeal" means an appeal from the decision of one Judge; "State" means the State of Rajasthan; "Supreme Court Rules" means the Supreme Court Rules, 1950; "Tied-up Matter" means a matter, which, by virtue of any law, rule, order or judgment, is required to be heard by a particular Judge or bench and includes1. an assigned case; 2. a part heard case; 3. repeat application for bail or suspension of sentence; 4. an application for cancellation of bail or suspension of sentence granted by the High Court; 5. an application for grant of leave to appeal to Supreme Court; 6. an application under section 340 of the Code of Criminal Procedure, 1973; 7. an application for review of a final order or judgment; but shall not include an application for stay/interim relief, review/recall of an interlocutory order or for vacation/modification of stay/interim relief. "Vacation Judge" means the senior Judge on duty during the vacation or holidays exceeding three concern the days including sunday or public holidays to be posted by the Chief Justice at Jodhpur or Jaipur, as the case may be, to deal with bail applications and other urgent work for which either single Bench or two Benches may be constituted. "Vakalatnama" means the document referred to in rule 4 of Order III of the code of Civil Procedure 1908. (i) The General Clauses Act, 1897, shall apply for the interpretation of these Rules as it 4. applies for the interpretation of an Act of Parliament. (ii) All the Rules of the Rajasthan High Court Rules, 2016 as far as possible pertaining to one side shall be applicable to the pending cases in writ side, if not provided specifically mutatis, mutandis. 3. RECKONING OF TIME:- Where any particular number of days is prescribed by these Rules, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day shall happen to fall on a day on which the offices of the Court are closed, in which case the time shall be reckoned exclusively of that day also and of any succeeding day or days on which the offices of the Court continue to be closed. 4. ISSUE OF ORDERS:- Every judicial order, civil or criminal, issued from the office of the Court shall be in writing. No such order shall issue by telegram or telephone.

CHAPTER II REGISTRY - ITS COMPOSITION & POWERS FUNCTIONS AND DUTIES OF THE REGISTRARS 11. REGISTRY There shall be a Registry with the Registrar General at its head to aid and assist the Chief Justice in exercise of Judicial and Non-judicial functions of the Court. 12. COMPOSITION OF REGISTRY: Without prejudice to the powers and prerogative of the Chief Justice, normally, the Registry shall consist of the following Registrars:1. Registrar General 2. Registrar Judicial 3. Registrar Vigilance 4. Registrar cum Principal Private Secretary to the Chief Justice 5. Registrar Rules and Practice 6. Registrar Administration 7. Registrar Accounts & Establishment 8. Registrar Classification & Listing 9. Registrar Land & Building 10. Registrar (OSD) officer on special duty. 11. Registrar Writs (Inspection and Enquiries) 12. Additional Registrars 13. Deputy Registrars 14. Assistant Registrars 13. REGISTRAR GENERAL:- . Being the Head of the Department and the Chief Executive Officer of the Court, the Registrar General shall head the Registry. 14. POWERS, FUNCTIONS AND DUTIES OF REGISTRARS:It shall be the sole prerogative of the Chief Justice to determine and decide, if not specifically provided under these rules in this chapter, as to the composition of the Registry, and powers to be conferred upon, functions to be discharged and the duties to be performed by the Registrar General, Registrars, Additional Registrars, Dy. Registrars and Assistant Registrar as the case may be. Powers of Registrars, OSD, Registrar Vigilance, Registrar Rules, Registrar Administration, Registrar Classification and Listing etc. shall be as under:2. Registrar Rules and Practice:- The Registrar Rules shall be over all in-charge of framing, recasting, or amendment of rules of High Court and Subordinate Courts and shall also perform such other duties to discharge such other function as the Chief Justice may assign to him. 3. Registrar (Vigilance):- The Registrar (Vigilance) shall investigate into all complainants and allegations against Judicial Officers and the staff of the Subordinate Judiciary subject to the orders of the Chief Justice on any other Judge authorized in this behalf by the Chief Justice, and shall deal with the intimation regarding acquisition/disposal of movable and immovable properties by Judicial Officers. 4. Registrar (Inspection and Enquiry):- The Registrar (Inspection and Enquiry) shall inspect all Subordinate Courts and shall be in-charge of all disciplinary proceedings and enquiry against all

5. 6.

7.

8.

Judicial Officers, all litigations concerning the Subordinate Courts and the High Court and all appeals, representations and petitions in disciplinary matters. Registrar (Classification):- The Registrar (Classification) shall be over all in-charge of classification and categorization of all judicial matters. Registrar (Administration):- The Registrar (Administration) shall have powers: 1. To sanction payment of temporary advance (including tour advances) and bills in respect of purchase of movables including articles for use of Court/Registry up to Rs. 5000/-. 2. To sanction tour advances to himself and/or the staff working under him up to Rs. 5000/-. 3. To pass medical reimbursement bills and T.A. bills of the Registry up to Rs. 5000/-. 4. To sanction repairs and purchase of accessories to staff cars up to Rs. 5000/-. 5. To look after matters relating to Work Section and protocol. 6. To supervise major/minor works relating to residential quarters, new Court building, repair/maintenance of High Court building, garden etc. 7. To purchase furniture including almirahs, coolers, electrical appliances, purchase of liveries, typewriters, additional/extra telephones/cell phones, motor vehicles, air conditioners, computers, peripherals and like accessories etc. 8. To allot residential quarters to establishment-Class-II, III & IV staff. 9. To look after the library, binding section, correspondence of various sections and to purchase law books, journals including purchase of binding materials up to Rs. 2000/-. 10. To annually verify the dead stock, and 11. Any other work that may be assigned to him by the Chief Justice, other Judges and/or Registrar General. Registrar (Establishment):- The Registrar (Establishment) shall be incharge and deal with the matters. 1. To record the Confidential Reports of Class-II, III & IV staff attached to the Chief Justice and other Judges which shall be submitted to the Registrar General. 2. To make proposals of Budget and Accounts Section. 3. To appoint, transfer, punish and grant retiral benefits to all contingent employees. 4. To work out GPF and DPF of Registry Officers, Judicial Officers, Class-I & II staff of the High Court and Subordinate Courts or that of any other staff, as directed. 5. To generally look after the matters relating to Establishment Section of the High Court including such other work as may be entrusted to him by the Chief Justice, other Judges and/or the Registrar General. Additional Registrar (Districts Establishment):- The Additional Registrar (Districts Establishment) shall be incharge and deal with in regard to the following matters: 1. Reports about disposal by Judges and Magistrates (other than Executive Magistrate). 2. Promotion, confirmation, transfer etc. of clerical staff. 3. Inter Districts transfer of Class-III and Class-IV staff of the Subordinate Courts. 4. Permission, if necessary, or filling up vacant posts of District Establishment. 5. Grant of leave and making local arrangement for the post of clerical staff Court in long-term vacancies for a period exceeding two months. 6. Creation of Class-III and Class-IV posts including contingency paid posts of Subordinate Courts and their continuance.

7. Appointment of Oath Commissioners and renewal of their certificates and complaints against them. 8. Copying Section of Subordinate Courts and theft or loss of records of Subordinate Courts and of High Court. 9. Continuance of temporary posts and conversion of temporary posts into permanent posts of Class-III and Class IV staff of Subordinate Court. 10. All other matters relating to the District Establishment. 9. Additional Registrar/Deputy Registrar:- The Additional Registrar/ Deputy Registrar shall perform such duties and discharge such functions as the Registrar General, with the approval of the Chief Justice, may assign to them. 15. APPOINTMENT OF REGISTRARS:The appointment of Registrar General, Registrars, Additional Registrar and Dy. Registrar (Judicial) shall be made, at the pleasure of the Chief Justice, from amongst the officers of the judicial service and all other Dy. Registrars shall be appointed by way of promotion from the ministerial staff of the Court.

16. FUNCTIONS, POWERS AND DUTIES OF REGISTRAR JUDICIAL (i)In addition to other functions powers and duties, which may be assigned by the Chief Justice, the followings shall be his functions, powers and duties in relation to judicial proceedings, namely(A) 1. to dispose of all matters relating to the service of notices and other processes including the signing and issuing of warrants issued under the orders of the court; 2. to allow the removal of formal defects in any memorandum of appeal or objection, petition or application; 3. to admit, issue necessary order in, and dispose of uncontested applications made:Under Order XXII of the Code.-1. to bring on record the legal representatives of deceased parties, provided that no question of abatement or limitation arises; or 2. to record the assignment, creation or devolution of any interest during the pendency of the case; or Under Order XXXII of the Code.-for appointment or removal of a next friend or guardian ad litem, including fixation of fees and expenses of the next friend or guardian; 4. to deal with a motion for the admission of an application for leave to appeal to the Supreme Court in all cases in which an order for issue of notice may be made as a matter of course; 5. to receive plaint, issue notice or fix date for the filing of written statement in a proceeding under the original ordinary or extraordinary jurisdiction of the Court, with liberty to adjourn any matter to the Judge seized of the case in Chambers; 6. to deal with matters relating to the payment of expenses and allowances to witnesses; 7. to direct that a security bond furnished under the provisions of rule 10 of Order XLI of the Code be sent to the court below for verification and report; 8. to send decrees and orders passed by the Court in the exercise of its original ordinary or extraordinary jurisdiction to other courts for execution; 9. under the Indian Succession Act, 1925--

1. to receive an inventory of the property, credits and debts of the deceased to which the executor or Administrator is entitled, or an account of the estate showing the assets and the application or disposals thereof; 2. to require an executor or administrator to exhibit an inventory or account under section 317; 3. to grant extension of time for filing an inventory or account; 4. to place on record an inventory or account when in order; 5. to issue necessary notices in connection with matters mentioned in clauses (a) and (b), with liberty to adjourn any matter to the bench concerned; 10. to verify a compromise or record the statement on oath of any person, under the orders of the Court; 11. to extend the time for the submission of findings by the court below in a case in which issues have been referred for trial to that court under rule 25 of Order XLI of the Code; 12. to dispense with copies of judgments where such copies have been filed in at least one connected appeal or revision; 13. to deal with all matters connected with the progress of a case subject to such orders as the court may pass from time to time including the receiving of affidavits and the granting of time for the same; 14. to direct that any matter be laid before the Court; or 15. to do such other act as may be directed by the Court. (B) 1. To admit a memorandum of appeal from the decree or order of a Subordinate Civil Court and determine whether notice shall be issued at once to the other party or the appeal shall be put for hearing under rule 11 of Order XLI of the Code or otherwise before the court; 2. to dispose of a contested application for impleading the legal representative of a deceased party; (See III of A) 3. to receive and dispose of an application for the withdrawal of an appeal or for a consent decree or order; 4. to receive and dispose of an application for the return of a document; or 5. to receive and dispose of an application under sub-rule (1) of rule 5 or rules 6, 8 or 10 of Order XLI of the Code. 6. to admit a petition of an appeal from a decision of a Subordinate Criminal Court other than an appeal under Section 378 or under Section 383 of Criminal Procedure Code and determine whether notice under Section 385 of Criminal Procedure Code shall be issued at once or the appeal shall be put for hearing and orders under section 384 of the Code, 7. to dispose of applications for striking out of adding party. 8. to dispose of applications for enlargement or abridgement of time except where the time is fixed by the Court and except for condonation of delay in presentation of appeal. 9. to dispose of all applications for directions regarding the preparation of record in an appeal, petition or other proceeding. 10. to dispose of all matters relating to service of summons, notices and other process upon the parties including applications for substituted service. (C) Miscellaneous Functions 11. To call for a further deposit under Order XLV Rule 10 of Code of Civil Procedure, when the deposit already made by the appellant in an appeal to the Supreme Court is not sufficient to defray the cost of preparing the record; 12. To order payment of the interest accruing to Government Promissory Notes deposited under

Order XLV Rule 7 of Code of Civil Procedure, and to order the refund of any unexpected balance under Order XLV Rule 12 of Code of Civil Procedure or for any other enactment for the time being in force; 13. To determine in which newspaper the publication referred to in Order XLV Rule 9A of Code of Civil Procedure shall be made; 14. To make reference to the Court for renewal of bank guarantees, FDR's and other deposits/securities made under the orders of the Court, a month before the date of its/their expiration; 15. To require any person and party to file an affidavit with respect to any application or matter in respect of which the Registrar has power to exercise any discretion or to make any order; 16. To stop at his discretion issue of certified copy to any person who has failed to pay the process fee, or charges, or has failed to take any other steps, which the Court has ordered while grant interim relief or stay or any other order of similar nature, which substantially affects the rights of the opposite parties; 17. To call for records and documents from Subordinate Courts and any other authority; 18. To dispose of requisitions by Subordinate Courts for records and documents; 19. To dispose of applications for copies of pending records or parts thereof; 20. To dispose of applications for delivery of interrogatories; 21. To dispose of applications for substituted services, or for dispensing with service of notice of the appeal on any of the respondents; 22. To dispose of applications for leave to take documents out of the custody of the Court; 23. To decide questions arising in connection with the payment of Court fee; 24. To dispose of applications by third parties for return of documents; 25. To dispose of applications for grant of copies of record to third parties; 26. To dispose of applications for the issue of a certificate regarding any excess Court fee paid under a mistake; 27. To dispose of applications for production of documents outside Court premises; 28. To dispose of applications exemption from filing of certified copies and judgments, decrees, certificates or orders granting certificates; 29. To reconstitute the record in case the record is not traceable; 30. To pass orders in all matters in writ, civil and criminal cases pertaining to default as process fee, publication charges, paper book costs, missing of address in respect of service of notice, submission of service report on affidavit in case of Dasti service, non-compliance of Registrar's orders in respect of Office matters; 31. To pass orders in default of identical copies, security amount and non-compliance of Court's orders; 32. To pass orders on non-appearance of accused persons on bail; 33. The Registrar (Judicial) may permit correction of clerical errors in the Presentations produced in any civil proceedings or in any other proceedings in the Court. Such correction shall be made in the case of affidavits by the declarant by filing a fresh affidavit and in other cases by the person making the Presentation or his Advocate. 34. Every correction in any Presentation shall be initialed by the party making the correction and by a Judge or the Registrar (Judicial). 6. (2) To discharge the aforesaid functions powers and duties the Registrar (Judicial) shall

preside the court of Registrar to be constituted by the Chief Justice. The Registrar (Judicial) shall notify the timings of his court. It will be a daily sitting court of the Registrar. 17. RETURN OF MEMORANDUM OF APPEAL FOR AMENDMENTThe Registrar may return for amendment any memorandum of appeal under rule 3 (1) of Order XLI of the Code. Where a memorandum of appeal has been so amended, he shall sign the amendment. The duties of the Registrar under this Rule shall be deemed to be of a quasi-judicial nature and his orders shall be subject to revision by the Court on application by the aggrieved party made within a period of two months or such further time as the Court may allow from the date of the order complained of. 18. EXTENSION OF TIMEWhere the Registrar has refused to grant extension of time for any purpose under the foregoing Rules, the Court may, on a written application and for sufficient cause shown, grant the same. Where a party does not take steps within the time allowed or where no one appears before the Registrar to ask for time to take necessary steps and the Registrar directs that the case be put up for orders before the Court, he shall be deemed to have refused to grant extension of time within the meaning of this Rule. 19. EXERCISE OF POWERS BY OTHER REGISTRAR IN ABSENCE OF ANY PARTICULAR REGISTRARThe Chief Justice may authorise any of the Registrar to act in absence of the Registrar General, Registrar Judicial or any other Registrar as the case may be. 20. COURT'S JURISDICTION UNAFFECTEDThe powers conferred upon and the functions and duties assigned to the Registrar Judicial, under these rules, shall in no way affect the jurisdiction of the Court.

CHAPTER III

ADMINISTRATIVE BUSINESS OF THE COURT ADMINISTRATIVE BUSINESS RELATED TO CONTROL OVER SUBORDINATE COURTS AND TO SUPERINTENDENCE OVER COURTS AND TRIBUNALS:- All administrative business of the Court relating to the control over subordinate courts vested in the Court under Article 235 of the Constitution or otherwise and to the superintendence over the courts and tribunals vested in the Court under Article 227 of the Constitution or otherwise shall be disposed of as provided hereinafter. MATTERS TO BE CONSIDERED BY FULL COURT:On the following matters, all the judges of the Court shall be consulted in Full Court, namely:1. proposals as to legislation or changes in law; 2. proposals as to changes in or the issue of new rules of Court; 3. proposals as to changes in or the issue of new rules for guidance of Subordinate Courts; 4. appointment, promotion and seniority of Judicial officers; 5. withholding of promotion or reduction in rank of Judicial officers; 6. Removal or dismissal of any Judicial officer; 7. Compulsory retirement of Judicial officer otherwise than by way of punishment; 8. Important question of policy or those affecting the powers and status of the Court laid before the Court by the Chief Justice or any other Judge; 9. Matters connected with Supreme Court; 10. Annual administrative report;

11. Matters upon which the Government desires the opinion of the Court, if such matter is considered fit to be laid before the Court by the Chief Justice and 12. any matter which the Chief Justice of the Administrative Committee may consider fit to be laid before the full court for consideration. 13. Matters relating to the service condition, facilities and amenities of the Judges of the Court. 14. Constitutions of Rule Committee under sec. 123 of the Civil Procedure Code nominating Judges for the Rule Committee. 15. High Court Calendar. ADMINISTRATIVE COMMITTEE:There shall be an Administrative Committee comprising of:1. the Chief Justice 2. the Administrative Judge 3. two Senior-most Judge of the Court 4. two other judges nominated by the Chief Justice by rotation for a period of two years; one of them shall be a Judge appointed from Judicial service. FUNCTIONS OF THE ADMINISTRATIVE COMMITTEE:The Administrative Committee shall discharge the functions as assigned to it from time to time by the Chief Justice. Without prejudice to the power vested in the Chief Justice, the Committee shall:1. make recommendation to issue general letters to the subordinate courts; 2. make recommendation to issue of directions regarding the preparation of returns and statements; 3. make recommendation for promotions of Judicial officers in different ranks; 4. to make recommendation for disciplinary actions against the Judicial officer; 5. to consider and recommend the transfers of Judicial officers in all the ranks; 6. to exercise the powers of the Court under the code of criminal procedure 1973; 7. any other matter which the Chief Justice may consider to be placed before the committee. SUB COMMITTEES:The Chief Justice may constitute any number of committees of the Judges to consider and report on any specified question specifically allocated to the committee. ADMINISTRATIVE JUDGE:The Chief Justice shall appoint/nominate a Judge to be the Administrative Judge of the Court, who shall dispose of the administrative business as assigned to him from time to time by the Chief Justice. Without prejudice to the powers of the Chief Justice, the following function shall be discharged by the Administrative Judge:1. Nomination of Officers for various training programmes; 2. Transfers of cases from one Court to another; 3. Sending periodical returns and statements regarding judicial work pertaining to the High Court to the Government of India and Hon'ble Supreme Court of India; 4. Sending replies of Parliament and Assembly questions; 5. Considering proposals of inter district transfer of staff of subordinate courts either on mutual request or on request or on administrative ground; However, if Administrative Judge deems it proper that any of the aforesaid matters should be placed before the Chief Justice, the same shall be placed before the Chief Justice for disposal accordingly. INSPECTING JUDGES:2. The Chief Justice shall nominate a Judge to be the Inspecting Judge of the district, normally for a period of one year, or till further nomination afresh.

3. In a given situation, the Chief Justice may assign more than one district to one Inspecting Judge. 4. As far as possible the Judges having permanently sitting at the principal seat of Jodhpur shall be nominated for the districts falling under the jurisdiction of the principal seat, likewise, the Judges having permanently sitting at Jaipur shall be nominated for the districts falling under the jurisdiction of the bench at Jaipur. 5. The Inspecting Judges so nominated shall aid an advise the Chief Justice in exercising effective control and superintendence over the subordinate Courts of the district concerned. 6. The Inspecting Judges shall bring their tour programme in the notice of the Chief Justice before they proceed for tour and their tour programmes be adjusted in such a manner that as far as possible the Court work may not suffer. 7. The annual appraisal and confidential reports of the Judicial Officers posted in the district shall be routed to the High Court through the Inspecting Judges nominated for the district concerned. PREPARATION OF PAPER BOOK:The Registry shall prepare the paper books, well in advance, of the meeting of Full Court, Administrative Committee, or the sub committee, as the case may be, with respect to matters to be considered and discussed. The paper book shall contain all the relevant material necessary to apprise the Judges concerned with the issues involved. MEETING OF ADMINISTRATIVE COMMITTEE/ FULL COURT:The Chief Justice may call for meetings of Administrative Committee or Full Court as the case may be, whenever there is business to be disposed of. The business of the Administrative Committee and the Full Court may be transacted either at a meeting at Jaipur/Jodhpur or by video conferencing or by circulation. PROCEDURE FOR CIRCULATION:So far as convenient, papers for circulation shall be sent by the Registrar General to the Judges in their order of seniority, commencing with the junior Judge, for their concurrence or comment as required, and be obtained from them within a reasonable time looking to the urgency involved. It shall not be necessary to send papers to any Judge who is not for the time being in Jodhpur/Jaipur. EFFECT OF A JUDGE NOT EXPRESSING HIS OPINION WITHIN THREE DAYS ON URGENT PAPER:When a Judge does not write his opinion within three days from the date when he receives any urgent paper sent to him for opinion, he shall be deemed to have declined to express any opinion on the matter. PAPERS TO BE SUBMITTED TO THE CHIEF JUSTICE AFTER CIRCULATION:After any papers have been circulated for opinion, they shall, be submitted again to the Chief Justice, who shall examine the matter and order accordingly. NOTICE OF MEETING TO JUDGES:The Registrar General shall give to the Judges concerned, except in a case of emergency, at least one clear day's notice, in the case of a meeting of the Administrative Committee and three clear day's notice in the case of the Full Court Judges' meeting, of the date, place and hour when such meeting would be held and of the business to be brought before such meeting. In a case of emergency the Registrar General shall give the best notice he can. It shall not be necessary to give notice of a meeting of the Administrative Committee to any Judge who is not for the time being in Jodhpur/Jaipur. QUORUM:The quorum necessary for the transaction of business shall be not less than two-third of the members in the case of a meeting of Administrative Committee, sub committees and not less than one-half of the Judges in the case of a Full Court Judges' meeting. PROCEEDING TO BE RECORDED:-

The proceedings of the meetings of the Full Court, Administrative Committee, and the sub committees, as the case may be shall be recorded and signed by the members concerned. Such record may be made either at the time of meeting or subsequently from the notes taken. CUSTODY OF THE MINUTE BOOK:The Minute Books of the proceedings recorded shall be kept in the safe custody of the Court and shall not be removed from the Court premises except by the Registrar General with the permission of the Chief Justice. EFFECT OF ANY IRREGULARITY IN OR OMISSION TO FOLLOW THE PROCEDURE LAID DOWN IN THIS CHAPTER:1. No irregularity in, or omission to follow, the procedure laid down in this Chapter shall affect the validity of any order passed or 2. For the removal of doubt, it is hereby mentioned that all administrative work disposed of by Chief Justice, the Administrative Judge or any other Judge or Judges to whom the work has been assigned by the Chief Justice for disposal shall be deemed to be disposed of by the Court. RESIDUAL POWERS:All other Administrative/Non Judicial business of the Court, not hereinbefore specifically mention under these Rules, shall be discharged by the Chief Justice in a manner as he deems fit. C H A P T E R-IV CONSTITUTION AND POWERS OF BENCHES 1. Constitution of Benches:- Judges shall sit alone or in such Division Courts as may be constituted from time to time and do such work as may be allotted to them by order of the Chief Justice or in accordance with his direction. A: CIVIL MATTERS SINGLE BENCH 2. The following matters shall ordinarily be heard and disposed of by a Judge sitting alone. 1. a motion for the admission of a memorandum of appeal or cross-objection or an application for exparte interim order; 2. a civil appeal; 3. an execution appeal; 4. a civil revision 5. a Suit or proceeding in the nature of a suit coming before the Court in the exercise of its original or extraordinary civil, testamentary or matrimonial jurisdiction including a proceeding under The Indian Trusts Act, 1882 (Act No. II of 1882), The Companies Act, 2015. The Designs Act, 1911 (Act No. II of 1911) or The Patents Act, 1970 (Act No. 39 of 1970) or the Commercial Courts Act, 2015 6. a reference under section 243 of the Rajasthan Tenancy Act 1955 (Act No. III of 1955); 7. the writ petitions under Article 226 and petition under Article 227 of the Constitution of India, except; (a) the Writ Petitions challenging the vires of the provisions of any Act or Rules made there under (b) writ petitions filed by Judicial Officers relating to their services; (c) Civil writ Petitions arising out of and relating to Central Excise and Salt Act, 1944 and Customs Act, 1962; (d) Challenging the decisions of any Tribunal Constituted under Article 323-A and 323-B of the Constitution of India; or under any state or Central Act or any Body or Authority discharging quasi judicial power. 8. An appeal under Section 173 of the Motor Vehicles Act, 1988.

9. An appeal under Section 47 of the Guardian and Wards Act, 1890. 10. An appeal relating to costs only. 11. An application under Section 22, 23 or 24 of the Code of Civil Procedure. 12. Any application under the provisions of Code of Civil Procedure or any other enactment for the time being in force made in an appeal, revision or any other proceedings in a matter within the jurisdiction of a Judge sitting alone and which is not otherwise expressly provided for. 13. A proceeding of a civil nature under an Act of the Central or State Legislature, coming before the Court in the exercise of its original jurisdiction. 14. Election Petition arising form election to Panchayat or Local bodies under the State enactments other than the election petition under the representation of the People Act, 1951. 15. All Taxation matter unless otherwise provided in the Central or State Act, from which the proceedings are arising. 16. All Appeals under Section 37 of the Arbitration and Conciliation Act, 1996. 17. an application under Article 228 of the constitution of India the case withdrawn under the said article: Provided that(a)the Chief Justice may, from time to time direct that any case or class of cases which may be heard by a Judge sitting alone shall be heard by a Bench of two or more judges; See reference to larger bench. (b) a Judge before whom any proceedings under The Indian Trusts Act 1882, (Act No. II of 1882), The Companies Act, 2015. The Designs Act 1911 (Act No. II of 1911) or the Patents Act, 1970 (Act No. 39 of 1970) is pending, may with the sanction of the Chief Justice, obtain the assistance of one or more other Judges for the hearing and determination of such proceedings or of any question or questions arising therein.

DIVISION BENCH 3. The following matters shall be heard by a Division Bench. (1) Writ Petitions : 1. Relating to Public Interest Litigation. 2. Where vires or validity of an Act of Legislature or any Subordinate Legislation is under challenge. 3. Against the orders of Tribunal constituted under Articles 323A and 323B of the Constitution of India. 4. Relating to Contract/Tender concerning to the Government / Public Undertakings / Local Bodies / Statutory Bodies. 5. Civil writ Petitions arising out of and relating to Central Excise and Salt Act, 1944 and Customs Act, 1962; 6. Writ petitions filed by Judicial Officers relating to their services; (2) Other Matters: 1. Tax references and statutory appeals and applications for references in such cases. 2. Reference under Section 113 / Order XLVI of the Code of Civil Procedure, 1908. 3. Appeal under Section 22(A) / reference under Section 21(5) of the Chartered Accountants Act, 1949. 4. Appeal under Section 19 of the Family Courts Act, 1984. 5. All matters which, by any law or any judgment having force of law are required to be heard by a Division Bench.

4. 1. 2. 3. 4. 5. 6. 7.

B: CRIMINAL MATTERS SINGLE BENCH The following matters shall be heard by a Single Judge. Applications for grant of bail under Sections 438 or 439 of the Code of Criminal Procedure and applications under Section 482 of the Code of Criminal Procedure. Applications for transfer of Criminal Cases. Applications for cancellation of bail. Criminal Revisions except those which are to be heard by a Division Bench. Criminal Appeals against substantive sentence of not more than 10 years. A case coming before the Court in the exercise of its ordinary or extraordinary original criminal jurisdiction except the cases under Section 15 of the Contempt of Courts Act, 1971. Appeals, applications, or references under the Code of Criminal Procedure, other than the cases falling within the jurisdiction of a Division Bench.

DIVISION BENCH 5. The following matters shall be heard and disposed of by a Division Bench. 1. An appeal or reference in a case in which a sentence of death or imprisonment for life or a sentence of more than 10 years has been passed. 2. An application for leave filed under sub-section (3) of Section 378 of the Code of Criminal Procedure in respect of offences punishable with sentence of death or imprisonment for life or in cases where the maximum sentence provided is of more than 10 years and are triable by the Court of Sessions. 3. An appeal by the State Government under Section 378 of the Code of Criminal Procedure, from an order of acquittal in Sessions Trial, in respect of offences punishable with sentence of death or imprisonment for life or where the maximum sentence is more than 10 years. 4. A revision filed by a private party under Section 397 of the Code of Criminal Procedure or suo motu revision entertained under Section 401 of the Code of Criminal Procedure against acquittal in respect of offences punishable with sentence of death or imprisonment for life or imprisonment for more than 10 years and triable by the Court of Sessions. 5. A proceeding in which notice has been issued to an accused who has been sentenced to imprisonment for a term of five years or more, to show cause why the sentence should not be enhanced. 6. A proceeding in which notice is issued to a convicted person requiring him to show cause why his conviction should not be altered to one of an offence punishable only with death or imprisonment for life. 7. An appeal under Section 377 of the Code of Criminal Procedure with regard to an accused who has been sentenced to undergo imprisonment for a period of 5 years or more. 8. Appeals from conviction of offences punishable with imprisonment for life. 9. A petition for a writ in the nature of Habeas Corpus. 10. Cases under the Contempt of Courts Act, 1971, where a case for criminal contempt is made out. 11. Any proceeding coming before the Court in the exercise of its ordinary and extraordinary original criminal jurisdiction. 12. An appeal from the order passed by the Commercial Division of the High Court shall be heard by the Division Bench named as the commercial Appellate Division of the High Court. C: FULL BENCH 6. A Full Bench shall ordinarily be constituted of three Judges but may be constituted of more than

three Judges in pursuance of an order in writing by the Chief Justice. 7. The Chief Justice shall nominate the Judges constituting a Full Bench. 8. The following matters shall be heard by a Full Bench. 1. References under Section 57 & 60 of the Indian Stamp Act, 1899. 2. Matters which are required by a Statute to be heard and decided by a Full Bench. 3. Such other matters as may be referred to the Full Bench. 4. a reference made by the Board of Revenue under sub-section (1) of Section 57 of the Indian Stamp Act as adapted in Rajasthan. 9. Notwithstanding anything to the contrary, the Chief Justice may direct that any application, petition, suit, appeal, or reference shall be heard by a Full Bench. D: REFERENCE TO A LARGER BENCH 10. A Larger Bench shall be constituted of two or more Judges in pursuance of an order in writing by the Chief Justice. 11. The Chief Justice shall nominate the Judges constituting the Larger Bench which shall hear the matters referred by the Chief Justice. 12. (1) A Judge sitting alone may refer any proceeding pending before him to the Chief Justice with a recommendation that it be placed before a Bench of two Judges when it involves a question of law of public importance. (2) A Judge sitting alone shall refer any proceeding pending before him to the Chief Justice with a recommendation that it be placed before a Bench of two Judges, if:1. it involves a substantial question of law as to the interpretation of the Constitution or any statutory enactment; OR 2. it is considered that the decision in the proceeding involves reconsideration of a decision of a Judge sitting alone. (3) In a proceeding of the nature referred to in sub-rule (1) of this rule, the referring Judge may refer a stated question(s) or may recommend that the proceeding itself be heard and decided by the Bench to which it is referred. (4) In cases of the nature referred to in clause (i) of sub-rule (2) of this rule, the proceeding shall be heard and decided by the Bench to which it is referred. (5) In proceedings of the nature referred to in clause (ii) of sub-rule (2) of this rule, the referring judge shall refer a stated question(s) and shall dispose of the proceedings in accordance with the decision of the Bench on the question(s) referred to it. 13. If a Judge sitting alone considers that the decision of the proceeding pending before him involves reconsideration of a decision of two or more Judges, he may refer it to the Chief Justice with a recommendation that it be placed before an appropriate Bench for a decision on a stated question(s). The referring Judge shall then dispose of the proceedings in accordance with the decision of the Bench on the question(s) referred to it. 14. When in any matter the Judges comprising the Division Bench differ on a point of law and state the point on which they differ, the proceedings shall be placed before the Chief Justice for the purpose of nominating one or more of the other Judges to deal with the matter. 15. If a Bench of two Judges considers that the decision of the proceeding pending before them involves reconsideration of a decision of two or more Judges, they may refer the matter to the Chief Justice with a recommendation that it be placed before a Full Bench. The referring Judges may refer a stated question(s) or may recommend that the proceeding itself be heard and decided by the Bench to which it is referred. If the referring Judges refer a stated question(s), they shall dispose of the proceeding in accordance with the decision of the Full Bench on the question(s) referred to it.

E: GENERAL 16. Opinion when equally divided:- When in an appeal in any civil matter heard by a Bench of two Judges, a difference of opinion arises between them on a point of law, and if either of the Judges desires that the appeal be referred, it shall be referred to, heard and disposed of by such Judge(s) as the Chief Justice may nominate. The appeal shall be heard afresh by the Judge(s) to whom it is so referred either sitting apart from or with the referring Bench as the Chief Justice directs. 17. Save as provided by law or by these rules or by an order of the Chief Justice, every other case shall be heard by a Single Bench. 18. Subject to the jurisdiction of the Bench(es), the Chief Justice may direct which case or class of cases shall be placed before each Bench. 19. Part heard matter:- A matter shall be treated part heard only if it has been specifically so ordered by the Bench, and it shall be listed before the same Bench. In case the matter is not disposed of within three months from the date of being marked as part heard, the same shall be deemed to have been released from part heard and be placed before the Chief Justice for further orders. 20. An application for modification, clarification, restoration or review of an order, or a subsequent bail application under Section 438/439 of the Code of Criminal Procedure, shall be listed before the same Quorum: Provided that if the same Quorum is not available on account of retirement or for any other reason for a period of three months and:if the matter relates to a Larger Bench then the same shall be listed before an equivalent Larger Bench of which one of the Members was a Member of the earlier Bench; if none of the Members of the earlier Bench is available then the application shall be listed before an equivalent regular Bench; in case of a Single Bench, the matter shall be listed before regular Single Bench; in case of a Single Bench where the matter relates to a subsequent bail application under Section 438/439 of the Code of Criminal Procedure, the same shall be listed before the regular Single Bench. F: BUSINESS RELATING TO SUPREME COURT 21. The business relating to the Supreme Court shall be laid before the Bench presided over by the Chief Justice unless otherwise directed. 22. VACATION JUDGE: (1) Subject to any general or special order of the Chief Justice, Vacation Judges shall, in the absence of the Chief Justice, exercise jurisdiction at Jodhpur or Jaipur, as the case may be, in connection with the arrangement of Benches, listing of cases and other like matters. (2) A Vacation Judge sitting alone shall also be entitled to take up the urgent matters of a Division Bench for the purpose of interim relief where circumstances require urgent hearing in the interest of justice. G 23. Application for the review:- An application for the review of a judgment shall be presented to the Registrar who shall endorse thereon the date when it is presented and lay the same as early as possible before the Judge or Judges by whom such judgments was delivered along with an office report as to limitation and sufficiency of court fees. If such Judge or Judges or anyone or more of such Judges be no longer attached to the Court, or all, or any of them, are or is precluded, by absence or other cause for a period of six months next after the application from considering the decree or order to which the application refers, the application shall be laid

before the Chief Justice, who shall with due regard to the provisions of Rule 5 of Order XLVII of the Code, arrange for a Bench for the hearing and disposal of such application. H 24. Subsequent application on the same subject to be heard by the same Bench:- No application to the same effect or with the same object as a previous application upon which a Bench has passed any order other than an order of reference to another Judge or Judges, shall, except by way of appeal, ordinarily be heard by any other Bench. The application when presented by or on behalf of the person by whom or on whose behalf such previous application, the nature and the date of the order passed thereon and the name or names of the Judge or Judges by whom such order was passed. I 25. Tied up cases:- (1) A case, partly heard by a Bench shall ordinarily be laid before the same Bench for disposal. A case in which a Bench has merely directed notice to issue to the opposite party or passed an ex parte order shall not be deemed to be a case partly heard by such Bench. (3) Where a criminal revision has been admitted on the question of severity on the sentence only, it shall ordinarily be heard by the Bench admitting it. 26. Application in a tied up case:Any application in a case which may, under the next preceding Rule, be heard by a particular Bench shall ordinarily be heard by such Bench. 27. Certain applications to be laid before the Chief Justice for orders:An application for the expediting of the hearing of a case or for the removal of a case to be tried and determined by the Court under these rules shall be laid before the Chief Justice for orders. J: Business in Chambers 28. (A) The powers of the Court in relation to the following matters may be exercised by a Single Judge sitting in Chambers, namely:1. Application for leave to compromise or discontinue an appeal in forma pauperis 2. Applications for intervention in a writ, appeal or other proceeding. (B) (i) The Chief Justice may from time to time appoint a Judge to hear and dispose of all applications which may be heard by a Judge in Chambers under these rules. (ii) The Judge in Chambers may at any time adjourn any matter and lay the same before the Court.

RAJASTHAN HIGH COURT RULES, 2016

PART-I CHAPTER FILING, REGISTRATION AND CLASSIFICATION : FILING AND REGISTRATION 1. All Presentations including documents etc. shall be headed “IN THE HIGH COURT OF RAJASTHAN AT JODHPUR/JAIPUR” and shall be filed at the centralized filing counter or the filing counter earmarked for a particular group of cases before the designated Officer and shall be accompanied by a prescribed listing proforma duly filled in primarily meant for entering in the Computer Data. Urgent filings shall be received from 10 AM to 1.30 PM and non-urgent from 2.15 PM to 4.30 PM. (i) On presentation the file shall be endorsed with the receipt number and entered in the Register kept for this purpose. (ii) All urgent matter shall be processed within a period of 3 hours. (iii)After receipt of satisfactory report the case file shall be given registration number and shall be communicated to the party or his representative in the afternoon (2.15 PM to 4.30 PM) by an officer designated for this purpose at the counter. After registration the file shall be sent to the cause list section for listing in accordance with the Rules. In case defects are discovered the party shall be intimated in the afternoon hours for removal of defects within the period desired by the party which shall not be more than 7 days and the file shall be returned back to the party for fresh presentation after removal of defects. In case defects are not removed within time and the file is represented it shall be returned after cancelling receipt number. If the file is represented after removal of defects it shall be registered

and it shall be deemed to be presented on the date of initial presentation. In case file is returned back after representation or the party fails to remove defects as aforesaid the party shall be debarred thereafter for filing the on the same cause of action. 16.

All Presentations shall be processed only after a satisfactory stamp report, and after the defects, if any, have been removed and all other mandatory requirements are duly met with.

17.

All Presentations shall be submitted, by a petition in the prescribed proforma :(1)

written in English/Hindi;

(2)

neatly typed on thick green paper of foolscap size with a margin of two inches, both sides of the paper being used;

(3)

signed and dated by the petitioner or by his counsel, or if the petitioner is illiterate bearing the petitioner’s thumb mark and attested by one literate person;

(4)

presented in the filing section by the petitioner or his recognized agent or his counsel.

18.

In the cause title of every civil and criminal case, the name of the District from where the matter has arisen shall be mentioned in capital letters/ bold/underline.

15.

Where at any time between the conclusion of hearing and the

pronouncing of the judgment or after the judgment but before the filing of the appeal, any party to the proceeding in the court below dies, the appeal may be filed by or against the legal representatives, as the case may be, of the

deceased party: Provided

that

the

appeal

is

accompanied

by

a

separate

application, duly supported by an affidavit, praying for bringing on record such person as the legal representative of the deceased party and setting out the facts showing him to be the proper person to be entered on the record as such legal representative. The Registrar, after satisfying himself that the appeal is in order, shall endorse the date of presentation on the Memorandum of appeal and register the same as an appeal in the Court. 19.

The following Presentations shall be accompanied by an affidavit made by the petitioner or his duly authorized agent:(1)

For review made upon the ground of the discovery of new and important matter or evidence;

(2)

For stay of execution;

(3)

For vacating an order staying execution;

(4)

For security under Order XLI, Rules 6 and 10 of the Code of Civil Procedure;

(5)

For re-admission or restoration of an appeal or application dismissed for default of appearance or for non-payment of process fee or paper-book costs;

(6)

For action for contempt of Court;

(7)

For substitution of parties;

(8)

For the appointment or discharge of guardians ad - litem or next friends;

(9)

For transfer of any civil or criminal case;

(10)

For action under Section 87 of the Code of Criminal Procedure.

Provided that the Court may direct a party to file an affidavit in any other matter. 20.

On receipt of the document, the Officer In-charge of the filing counter shall endorse on the document the date and time of receipt and enter the particulars of the said document in the computer system as well as the register of daily filing and cause it to be sent to the department concerned for examination. If, on scrutiny the document is found in order, it shall be duly registered and given a serial number of registration. It shall also be entered in the Computer as a Data. The Chief Justice may issue instructions from time to time, with regard to the procedure for filing, especially having regard to computerization requirements and once issued, those instructions shall be applicable and enforceable as being part of this Chapter.

21.

(1)

Where a document is found to be defective, it shall, after notice to the

party filing the same, be placed before the Registrar (Judicial). (2)

The Registrar (Judicial) may, by an order in writing, decline to receive the document if, in his opinion, the mandatory requirements of the rules are not satisfied. Where, however, the defect noticed is formal and/or curable, the Registrar (Judicial) may allow the party to rectify the same in his presence, but in other cases he may require the party to obtain an order from the Court permitting the party to rectify the same and for this purpose may allow such time as may be necessary but not exceeding twenty eight days in aggregate.

22.

As soon as the matter is found in order, the same shall be duly registered and given a serial number of registration through Computer, the particulars and the data of the same shall be entered in the Computer and while preparing the cause list, the Listing Branch shall include the fresh matters in the list from the data available in the Computer. For the purpose of listing fresh matters, matters for orders on interlocutory applications, after notice matters, and final disposal matters shall be taken from the computer only.

23.

(1) The Presentations shall be in paper-book form, with index, typed on green coloured, foolscap size, water marked plain paper or bond paper capable of being used in the printer of the computer, with a margin of two inches containing approximately 24 lines, paginated and with annexure numbers, and shall be accompanied by a synopsis of the case giving the relevant dates of events in chronological order. (2)

Hand written document used as annexures if not easily readable in Photostat, shall be accompanied by true typed copies.

24.

After entries are made, the Registrar (Judicial), either himself or through office staff under his supervision, shall get the matter examined as per the check list and in the following manner:(1)

Format of cause title, including full and complete address of all the parties including the details of the Police Station, Post Office and Postal Index Number.

(2)

Receipt showing service of copy on the Advocate General/ other side as required under these Rules or any other statute or Rules.

(3)

Sufficiency of Court fee Stamp: Provided that deficiency of Court Fee

Stamps will not be considered to be a defect for the purpose of filing if it is accompanied by an application seeking leave to pay deficit stamps within a specified period or to contest the stamp report. (4)

Provision of law under which the filing is made.

(5)

Certified copy of the order under challenge and/or of any order required under these Rules, or under any other statute or Rules.

25.

(6)

Relief sought for.

(7)

Sufficient number of copies as required under these Rules.

(8)

Other requirements under these Rules or statutory requirement, if any.

Where the Registrar (Judicial) is of the opinion on the application of the party that there is a bonafide arguable point pertaining to any defect, he shall place the matter before the Bench.

26.

Defect free Presentations shall immediately be sent to the concerned Section for being listed before the Bench. Similarly, the particulars/ data of all the cases, which are to be listed for orders, after notice cases and final disposal cases shall be updated on each day and those particulars/data shall be updated day-to-day as per the daily development in the matter.

27.

The affidavit accompanying a petition for the re-admission or restoration of an appeal or application dismissed for default of appearance or for non-payment of process fees or paper-book costs shall state the circumstances under which such default was made, and whether or not the party whose appeal or application was dismissed had, before such dismissal, engaged an advocate to conduct the appeal or application.

28.

(1) In the matter of any pending case no interlocutory application, written

statement, affidavit, or list of documents shall be filed unless a copy thereof has been previously served on the counsel for the opposite party. The counsel served with such copy shall acknowledge receipt by endorsement. When the counsel for the opposite party refuses to accept the copy or is not available or such party is not represented, the fact shall be endorsed by the applicant on the application or document presented : Provided that where the counsel for the opposite party refuses to accept the copy, he may record his reasons for refusal on the original application or document. (2)

In the matter of any pending case the interlocutory applications or any other pleadings or affidavits or documents filed shall clearly state the case number and the date of hearing, if any.

(3)

When the case is listed in the Court and any filing is done on the same day, it shall be the duty of the concerned Advocate to apprise the Court, about such filing of pleadings, at the beginning of the hearing.

29.

Unless otherwise directed, all criminal appeals/criminal revisions in which a prayer for suspension of sentence has been made or all applications for grant of bail or all Misc. Criminal Cases for staying any pending matters, filed before 1.30 PM shall ordinarily be posted for admission or orders, as the case may be, as far as possible within three days.

30.

Where any interlocutory application is filed in a case which is listed before the Bench and on urgency being shown, the same shall be laid on the records of the case without any delay.

31.

(1) All cases shall be listed for admission along with interlocutory applications

seeking interim

relief(s), if any, chronologically in accordance with the date of

filing. No matter shall be listed

for admission out of turn unless so directed by

the concerned Court or the Chief Justice in this

regard, notwithstanding the

filing of an interlocutory application for interim relief(s).

(2)

All applications filed in the main case will be registered as interlocutory applications and shall be given a separate number.

32.

The provisions as contained in this Chapter, so far as may be, shall be

applicable to filing of

Process Fee, Vakalatnama, documents, slips and any other

papers relating to any case.

33.

As and when the electronic communication in developed, the all presentation

may be allowed

on line as per the procedure as may be prescribed.

RAJASTHAN HIGH COURT RULES, 2016 PART-I CHAPTER CAUSE LIST AND MISC. INSTRUCTIONS 3.

LIST OF READY MATTERS FOR FINAL HEARING:(1)

List of final hearing matters as well as the daily list of matters shall be prepared, category-wise, as per the roster and orders/ directions given by the Chief Justice from time to time. Category of cases shall be prepared by the Registry from time to time and shall be notified.

(2)

Two weeks before re-opening of the Court after summer vacation, the Registry shall prepare and publish a category-wise quarterly list of ready matters (civil and criminal) for final hearing in chronological order i.e. in order of date and year of registration, and a separate register for all these ready matters shall be prepared, and the same shall be entered in the Computer. Out of this quarterly list of ready matters, the Registry shall prepare and publish a weekly list of matters on Saturday in chronological order which are to be listed before different Benches during the commencing week and the same shall be distributed amongst the Bar and Advocate General’s office, and shall also be displayed on the Notice Board of the Court. If any matter is disposed out of this weekly list in a particular week, then other matters shall be included in place of the disposed of matters from the quarterly list, maintaining the chronology.

4.

Two weeks before the end of every quarter i.e. by 15th September/15th December/15th March, subsequent quarterly list of regular hearing matters

shall be prepared and published by the Registry by deleting the disposed of matters and adjourned matters of the existing quarterly list, and in the next quarterly list such number of matters shall be added as directed by the Chief Justice or the other matters which are adjourned for that quarter. 5.

CRIMINAL APPEALS IN WHICH ACCUSED PERSONS ARE IN JAIL: A separate list of ready matters of Division Bench criminal appeals as well as Single Bench criminal appeals shall be prepared in descending order of period of the detention of accused persons i.e. the appeal of those accused persons shall be listed on higher side who are in jail for longer period under the heading ‘Appeals in which accused persons are in jail.’

6.

DAILY LIST: The daily list shall be prepared in the following manner:Two days in advance of the date of hearing, daily list of motion hearing matters, category-wise, as per the category list annexed with these Rules shall be prepared by the Registry out of the fresh registered matters up to that date, and those matters shall be listed according to the roster. Note: - (1)

A matter shall be treated as fresh matter till the matter is admitted or notice is directed.

(2)

If a matter is admitted and the pleadings are complete then the same shall be treated as final hearing matter.

7.

The daily list shall be issued in the following order:(1) (2) (3)

Fresh cases. Cases for orders on Interlocutory applications. Overnight part heard cases.

(4)

After notice cases.

(5)

Final disposal cases.

(6)

Final hearing cases. Provided that, as and when cases are left over from the previous day’s

list, it shall be deemed to be on the top of the list, unless otherwise directed by the Court. 8.

SUPPLEMENTARY LIST: - If after issuance of daily list two days in advance, any matter requires hearing and is directed to be listed on urgent basis as per the directions of the Chief Justice or the concerned Bench, as the case may be, a supplementary list of such matters shall be prepared and issued on the previous day of hearing.

9.

Part heard matters shall be included in the daily list just after the matters for orders on interlocutory applications, unless otherwise directed by the Court.

10.

Following guidelines shall be observed in the matter of preparing list :6.

If the defects are not removed after seeking time to do so such cases be treated as dead case.

7.

On application for early listing or early disposal,

4. When an application is allowed by the Court and the case is listed before the Court but it does not reach, the case may be listed again invariably after a case and if it does not reach even then, the case may be repeatedly shown in the cause list and not to be delisted. 5. When some cases listed for orders do not reach on the day, be listed together on the next day. 8.

(i)

Old cases in which court orders have been to list the case, it must

be listed every week as orders are passed by the court. (ii)

Old cases be listed first serially and year wise without pick and choose by the clerk.

6. Old cases listed for final disposal, which do not reach on the day be repeated next day/week unless otherwise ordered by the Court, till they are finally heard. 7. Review petitions be listed on priority basis. In no case review petition should remain pending for more than 6 months. 9.

Cause list shall also be generated indicating the case which are listed before the Mediation Centre of each day and be uploaded on the website along with the regular cause list.

11.

EARLY HEARING OF REGULAR MATTERS:If any party desires for early hearing of a regular matter, then he shall be required to file an application for early hearing and that application shall be listed before the Chief Justice or his nominee in Chamber for direction who may assign the work of disposal of early hearing application to the concerned Bench as per the Roster.

12.

(1) At the conclusion of a motion hearing the Court Master shall send the case to the Registry: Provided that in a case where the Court has ordered stay of execution or has granted an order for bail or any other like order, the Court Master shall, immediately after the hearing of the case in which such order is passed and before sending the case to the Registry, prepare a copy of the said order and shall send the same to the concerned section for compliance.

2.

The Court Master shall record result of the day in two cause lists to be maintained by him; one for the Court’s Record and other to be made over to the Listing Branch. Further, at the end of the day, the Court Master shall send the file to the concerned Section for their compliance and in turn the Administrative Officer of the concerned Section shall send, by the next day, the files in which there is a fixed date or where the rule is made returnable to the cause list branch for noting the same for the purpose of future listing and the Listing Branch shall update the Computer system accordingly.

(3)

A copy of an order granting stay of execution or bail shall be issued to the concerned Subordinate Court by the Registry and the envelope in which it is contained shall be marked “Immediate-Order for Bail or Immediate Order of stay of Execution,” as the case may be, in red ink or may be communicated on e-mail of the Court.

13.

Same pattern shall also be followed in the matters of Division Bench.

14.

The Registrar (Judicial) may postpone a matter; (1)

if two days before the date of hearing the record has not been received or the matter is otherwise incomplete. However, as soon as the record is received and the matter becomes ready for hearing then same shall be included in the list at its original number. On such adjournment the Registrar (Judicial) shall take necessary steps to get the matter ready for listing, and if within a period of one month the Registry is not able to get the matter ready for listing then the matter shall be listed before the Court with an office report for direction;

(2)

if before the date of hearing, death of a party is announced and thereby adjournment is necessitated; on such adjournment the Registry shall initiate appropriate action in the matter in order to get the matter ready for listing;

(3)

if before two days of hearing counsel for the parties agree for adjournment on account of some difficulty, then the adjournment be made and next date of hearing shall be given by the Registrar (Judicial) according to the convenience of the parties: However, at the time of adjournment if the Registrar (Judicial) finds that the matter is being adjourned time and again, or the adjournment is unnecessary then he will be entitled to refuse the same.

15.

Case Flow Management Rules in the High Court: Division of Cases into different tracks: (1)

Writ Petitions: (i)

The High Court shall, at the stage of admission or issuing notice before admission categorize the Writ Petitions other than Writ of Habeas Corpus, into three categories depending on the urgency with which the matter should be dealt with: the Fast Track, the Normal Track and the Slow Track. The petitions in the Fast Track shall invariably be disposed of within a period not exceeding six months while the petitions in the Normal Track should not take longer than a year. The petitions in the Slow Track, subject to the pendency of other cases in the Court, should ordinarily be disposed of within a period of two years.

(ii)

Where an interim order of stay or injunction is granted in respect of a liability to tax or demolition or eviction from public premises etc. then such a case shall be put on the fast track. Similarly, all matters involving tenders would also be put on the Fast Track.

(2)

The Registrar (Judicial) or any other officer nominated

by the Chief

Justice shall, at monthly intervals, monitor the stage of each case likely to come up for hearing before each Bench (Division Bench or Single Judge) during that month which have been allocated to the different tracks. The details shall be placed before the Chief Justice or Committee nominated for that purpose as well as the concerned Judge dealing with cases. (3)

The Chief Justice or the Committee may shift the case from one track to another,

depending

upon

the

complexity,

urgency

and

other

circumstances of the case. (4)

Data will be fed into the computer in such a manner that the court or judge or judges, referred to in sub-rule (2) above will be able to ascertain the position and stage of every case in every track from the computer screen.

(5)

Whenever the roster changes, the judge concerned who is dealing with final matters shall keep himself informed about the stage of the cases in various tracks listed before him during every week, with a view to see that the cases are taken up early.

(6)

Writ of Habeas Corpus: - Notices in respect of Writ of Habeas Corpus, where the person is in custody under orders of a State Government or

Central Government, shall invariably be issued by the Court at the first listing and shall be made returnable within 48 hours. The State Government or Central Government may file a brief return enclosing the relevant documents to justify the detention. The matter shall be listed after notice on the fourth working day after issuance of notice, and the Court shall consider whether a more detailed return to the Writ is necessary, and, if so required, shall give further time of a week for filing of the return, and further three days’ time for filing a rejoinder. A Writ of Habeas Corpus shall invariably be disposed of within a period of fifteen days. It shall have preference over and above the fast-track cases. (7)

Other matters: Civil Appeals and other matters in the High Court shall also be divided into different tracks on the lines indicated in sub rules (1) to (5) above and the said provisions shall apply, mutatis mutandis, to the civil appeals filed in the High Court. The High Court shall make a subject-wise division of the appeals/revision applications for allocation into different tracks.

(8)

Mode of Advance Service: The mode of advance service provided in these rules shall apply, mutatis mutandis, together with directions contained in the practice directions issued by the Chief Justice for case flow management.

(9)

First Appeals to High Court: (i)

Service of Notice of Appeal: In addition to the process for normal service as per the Code of Civil Procedure, advance notice should simultaneously be given by the counsel for the party who

is proposing to file the appeal, to the counsel for the opposite party in the Trial Court itself so as to enable them to inform the parties to appear if they so choose even at the first hearing stage. In case e-mail ID is available notice of appeal be sent on it and this service may be presumed proper service for proceeding exparty. (ii)

Filing of Documents: The Appellant shall, on the appeal being admitted, file all the essential papers within such period as may be fixed by the High Court for the purpose of the High Court understanding the scope of the dispute and for the purpose of passing interlocutory orders.

(iii)

Printing or typing of Paper Book: Subject to the order passed by the Court, printing and preparation of paper-books shall normally be done by the parties. After service of notice is effected, counsel for both sides should agree on the list of documents and evidence to be printed or typed and the same shall be made ready by the parties within the time to be fixed by the Court. Thereafter the paper book shall be got ready. It must be assured that the paper books are ready at least three months in advance before the appeal is taken up for arguments. Cause lists must specify if paper books have been filed or not.

RAJASTHAN HIGH COURT RULES, 2016 PART-I CHAPTER The High Court Bench at Jaipur was established after the High Court Rules, 1952 were framed. As such there are no Rules which are required by the Registry in order to decide the territorial jurisdiction either of the Main Seat at Jodhpur or the Branch at Jaipur. The following Rules are, therefore, framed to determine the territorial jurisdiction for matters to be filed in the High Court of Judicature for Rajasthan at the Main Seat of the High Court at Jodhpur or the Branch at Jaipur:Rule-1:

In case of writ petition under Article 226 or petition under Article 227 the last place of residence of the petitioner will determine the jurisdiction based on the District Territory in which the petitioner resides. The petitioner is required to place on record, with the petition a documentary proof of his record.

Rule-2:

In case of companies, where the company carries on its usual business/ activities will determine such jurisdiction.

Rule-3:

In case of appeals and supervisory jurisdiction; the jurisdiction will be in terms of location of the Court or quasi judicial authority.

Rule-4:

In case of other disputes relating to immovable properties, the jurisdiction will be of the Court either in the Main Seat or Branch at

Jaipur under whose territorial jurisdiction the immovable property situated. Rule-5:

Subject to the limitation aforesaid, every legal proceedings shall be instituted in the High Court with the local limits of whose jurisdiction the cause of action, wholly or in part arose.

Explanation:

A Corporation shall be deemed to carry on business at its sole or principal office in India or in respect of any cause of action arising at any place where it has also a subordinate office at such place.

RAJASTHAN HIGH COURT RULES, 2016 PART-I CHAPTER The Commercial Courts; Commercial Division and Commercial Appellate Division of High Court Rules, 2016. Whereas with the object of providing for the constitution of Commercial Courts; Commercial Division and Commercial Appellate Division in the High Court for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto Parliament has enacted The Commercial Courts; Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act No. 2016) and Whereas the Chief Justice of the High Court has been empowered to constitute Commercial Division having one or more Benches consisting of a Single Judge for the purpose of exercising the jurisdiction and power conferred on it under the said Act, and Whereas the Chief Justice of Rajasthan pursuant to the power conferred upon him under Section 18 of the Act to carryout the said command in an effective and reasonable manner hereby frames the following Rules:1.

These Rules shall be called The Rajasthan Commercial Courts Commercial Division and Commercial Appellate Division of the High Court Rules, 2016

2.

The rules shall be deemed to have come into force with effect from the

publication of the Rules in the Rajasthan Gazette. 3.

The rules shall be applicable in all matters relating to the commercial disputes.

4(1)(i) All suits and applications relating to commercial disputes of specified value filed in the Commercial Court, Commercial Division shall be decided within a period of one year from the date fixed for filing of reply/ written statement by the opposite party. (ii)

Appeal to the Commercial Appellate Division of the High Court shall be decided within six months from the date of filing of such appeal.

(iii)

Applications under the Arbitration and Conciliation Act, 1996 shall be decided by the Arbitral Tribunal within a period of six months from the date of service of notice to the opposite party.

(iv)

Application for summary judgment shall be filed within thirty days of the service of summons on the defendant.

(v)

The Court shall give a summary judgment against the plaintiff or defendant on a claim if any within a period of six months.

4(2)

Party responsible for delay shall be saddled with heavy cost and adjournment shall not be granted exceeding a period of two weeks.

4(3)

Court shall explain the cause of delay, if any in the order sheet even the delay is on the part of the Court itself.

4(4)

The cost paid shall be credited to the “Poor Litigants Account”.

5.

The Commercial Appellate Division of the High Court under the supervisory jurisdiction may withdraw any suit from the Commercial Court in the following circumstances:-

(a)

When both parties to the litigation make a request to the Commercial Appellate Division of the High Court to withdraw a case to be transferred to the Commercial Division of the High Court as the Commercial Court is not likely to dispose of the case within time on account of heavy pendency or

(b)

The case involves complicated issues and the matter is of pubic importance or

(c)

The Commercial Appellate Division suo moto is of the opinion that commercial disputes of particular category may be withdrawn from the Commercial Court and be transferred to the Commercial Division of the High Court in public interest.

6.

The Commercial Court, Commercial Division or Commercial Appellate Division, as the case may be shall within reasonable time pronounce judgment and copies thereof shall be made available online.

RAJASTHAN HIGH COURT RULES, 2016 PART-I CHAPTER In exercise of powers under Part X of the Code of Civil Procedure, 1908 (5 of 1908) and Order V, Rule 9 of the Code of Civil Procedure, 1908 and all other powers enabling it in this behalf, the High Court of Rajasthan, hereby makes the following Rules ;Rajasthan Courts Service of Processes by Speed Post, Fax and Electronic Mail Service (Civil Proceedings) Rules, 2016 Chapter I General 31. Short Title: These Rules may be called the Rajasthan Courts Service of Processess by Speed Post, Fax and Electronic Mail Service (Civil Proceedings) Rules, 2016. 32. Commencement; They shall come into force on the date published in the official Gazette. 33. Applications: (1) These Rules shall apply to, all civil proceedings including Suits, Writ Petitions, Applications, Appeals, Revisions or Reviews pending before the High Court of Rajasthan or any Subordinate Court or Tribunal in Rajasthan. (2) Where the e-mail address is on record, the notice, in addition to other mode of service, will be served via e-email. This service will be effected by the Registry when it has developed the system for the same and till such time it will be served by the petitioner/ appellant/ party bringing the matter before the court of Registrar. The proof of such e-mail having been delivered to the concerned party will be submitted by the party required to serve it with an affidavit that the service has been effected correctly. (3) (i) In addition to the above mode of service, service of notice may be effected by e-mail for which the advocates will, at the time of filing of petitions/appeals etc. furnish to the filing counter a soft copy of the entire petition/appeal in PDF format; by e-mail. (ii) The Advocate(s) of the petitioner/appeal, applications, etc. shall also simultaneously submit e-mail addresses of the respondent(s) companies/ corporations to the filing counter of the Registry. (iii) If the Court issues notice, then in that event alone, the Registry will send such an additional notice at the e-mails address of the respondent(s) companies/corporations), who have filed caveat. Advocate(s) filing caveat shall provide his/her e-mail address for effecting service, and

(v) within 4 weeks from the publication of the Rules, Cabinet Secretariat shall also provide centralized e-mails addresses of various Ministers/ Departments/Regulatory Authorities along with the names of the Nodal Officers for the purposes of service. (vi) The above facility is being extended in addition to the modes of services mentioned in the Civil Procedure Code or other Rules. It is also extended to commercial litigation and Arbitration cases and to those cases where the Advocates of the parties seek urgent interim relief. 34. Definitions; (a) “Code” means Code of Civil Procedure, 1908. (b) “High Court” means the High Court of Rajasthan. (c) “Chief Justice” means the Chief Justice or the Acting Chief Justice of the High Court of Rajasthan. (d) “Registrar General” means the Registrar General of the High Court of Rajasthan. (e) “Speed Post” means the postal articles including the envelopes, packet, parcels containing summon, polices document etc. or other communication of the Court, handed over for service to the post office with the legal Court summons for effecting the service upon the addresses of any litigation is filed, if any, against any person.

5. All departments of the Government of Rajasthan functioning in Rajasthan or any Government company, Public or Private Companies, Registered Trusts, Societies, Government undertaking, Local Body or any government agency or instrumentality of the State shall submit their email-id, fax number and also the name of an officer to whom the service of summon or notice be served and service upon him shall be deemed to be proper service. 6. Service by Fax Parties to provide Fax number, if desire to serve the other party by Fax; A party desirous of sending the process by Fax shall provide the Fax Number of the other party whom it would like to serve by Fax. 7. Process by Fax to bear the number of pages faxed with process: The process being sent by Fax will bear the note that the same is being

sent by Fax with or without documents, In case the documents are also being sent by Fax, the number of pages being sent shall also be mentioned on the process. 8. Party to bear cost of process to be sent by Fax; In case a party is permitted to send the process by Fax, such party shall bear the cost of sending the process and the documents, if any, sent along with it. The party sending the process shall submit the receipt of having sent the Fax to the Court without any delay along with an affidavit in support of having sent the process by Fax. 9. Fee for sending process/documents by Fax using Court facility: Where the process is to be sent with or without the documents by a facility provided by the High Court, the party shall be asked to deposit fee at such rate as may be determined by the High Court for itself. Service by ' Electronic Mail Service' 10. Parties to provide electronic mail address, if desire to serve the other party by electronic mail: A party desirous of sending the process to the other party by Electronic Mail Service shall provide electronic mail address of the other party or a party whom it would like to serve by Electronic Mail Service. Party shall file an affidavit in Court stating that the electronic mail address of the other party given by him is correct to the best of his knowledge. 11. Digitally signed process to be sent at the given electronic mail address by using pre-designed templates: The process digitally singed by the presiding officer of the Court or any other officer authorized by the High Court or the District Judge in this behalf, as the case may be, will be sent at the given electronic mail address of the other party by using the pre-designed templates, designed in accordance with the formats provided in Appendix B of the Code of Civil Procedure, 1908 or in the form as directed by the Court, with the scanned images of the documents, The bouncing of mail shall not constitute valid service. 12. Fee for sending process/documents by Electronic Mail Service to be deposited:

The process would be sent by Electronic Mail Service after the party has deposited the fee at such rate as may be determined by the High Court. Miscellaneous 13. Summons to witnesses: The provisions of these rules shall apply to summonses to give evidence or to produce documents or other material objects. 14. Notice or other communications during the proceedings: The Court may direct that a notice or any other communication to any of the parties to the suit or any interlocutory proceeding, before it, may be sent by Courier, Fax or Electronic Mail Service in the manner and in the format it may consider appropriate. Such notices or communications sent by the Electronic mail Service shall be digitally signed by the Court or by any Officer authorized in this behalf. 15. Parties may voluntarily apply to be served by Fax or Electronic Mail Service: During the trial of the case, any of the party to the suit or interlocutory proceedings, may file an application in writing giving its Fax number or the electronic mail address or both, with the request that it may be served with the notices of the Court or any other communication under the Code at the given Fax number or the designate electronic mail address. Any notice or communication sent at the said number or address will constitute a vaild service of such notice or the communication on such party. 16. Saving of the powers of the Court: Nothing in these rules shall be deemed to limit or otherwise affect the power of the Court relating to service of summons or notices or other communications as given in the Code or any other law for the time being in force.

ANNEXURE “X” Charges for service of process through Fax facility under Rule 11 Local

:

Rs. 10/- per page

S.T.D.

:

Rs. 10/- per page+STD charges

Charges for service of process through E-mail facility under Rule 14 Per process

:

Rs. 10/- X number of persons to whom the process is to be sent

Charges for scanning of documents for the purposes of service of process through E-mail Per page

:

Rs. 10/-

RAJASTHAN HIGH COURT RULES, 2016 PART I. CHAPTER Rules for Process Fee 16.

Process fee for service of summons, notices or execution of any process or warrant etc. if chargeable shall be paid by means of court fee stamps affixed to an application.

17.

All notices, summons etc. shall be served in accordance with the Rajasthan Courts. Service of process by speed post, fax and electronic mail service (Civil Proceedings) Rules, 2016.

18.

One time process fee shall be charged on all civil proceedings including the writs of all nature to be paid on filing or instituting such proceedings in the courts at the rates mentioned below :35. For service of summons, notices etc. on one or parties

three opposite

Rs.25.00

36. For service of summons, notices

etc. on more

more than three opposite parties upto maximum 10 parties

Rs.50.00

37. For service of summons, notices etc. on any member of parties

Rs.100.00

38. In case summons or notices or parcels containing pleadings and documents speed post or registered the party shall post the same at his own expenses in the Post Office. In case services of the Post Office are available in the premises of the Court or High Court, the parties shall

avail the services of such Post Office. The parties shall get the summons, notices or parcel from the office of the Court and after getting the same shall post it and submit a receipt of the Post Office to prove that it has been sent. A presumption of service shall be drawn after 3 days in case if service is effected by speed post and 7 days in the case of registered letter. 39. The parties shall have the option of service by any process or more than one process. 40. The service effected in the manner shall be aforesaid deemed to be proper for proceeding ex parte. 19.

No process fee shall be charged in criminal cases which are cognizable.

20.

The Chief Justice of Rajasthan High Court may at his own discretion reduce or enhance the aforesaid process charges at any time in future. However in such change made shall be duly notified.

21.

These Rules shall be applicable after three months of their publication.

RAJASTHAN HIGH COURT RULES, 2016 PART-I CHAPTER MISCELLANEOUS PROVISIONS (Suggestions, guide lines and compliance) Entry in the High Court: No person other than the authorized person shall be allowed to enter the office of the High Court where the files or any record is kept and stored. Such authorized person shall be the staff of the High Court, Advocates and their registered clerks or any such person authorized by the Registrar or Additional Registrar under the authority of the Chief Justice of the High Court. Code/Cards of Advocates, clerks and staff: The Registrar or Additional Registrars shall issue electronic security cards for Judges sitting or retired, advocates, clerks and staff and other category of persons notified in this regards to enter the High Court premises. Electronic gates shall be installed to enter the compound and building of the High Court. Daily Photo Pass: To be issued by the Registry for every individual who wants to enter the High Court to attend the proceedings. The rules of security shall govern the entry. Construction in High Court Premises: No construction to be initiated or done of procurement or temporary nature without the written prior permission of the Registry empowered by the Chief Justice in this regard. Certified copy and signed copy:

Certified copy: Copy of the order or judgment passed by the Court and uploaded over the interact and issued under the seal of the Court. Signed copy: Xerox copy of the order or judgment or pleadings or documents which are part of file of the case and issued under the seal of the High Court. Every order or judgment passed by the Court shall be up loaded on the High Court website shall be treated as correct copy of the judgment or order for purposes of initiating any legal proceedings in case certified copy is required under any statutory enactment. Same may be supplied on subsequent date supply of the copy of the order or judgment shall be counted for limitation purposes. A court fee stamp of Rs.5/- shall be affixed on the copy of the order and Rs.10/- on the copy of judgment running into 15 pages and for more pages without any limit Rs.25/- court fee stamp shall be needed to be affixed. For Xerox copy similar court fee stamps shall be affixed. A person in police or judicial custody shall be provided free copy for bail application certified copy shall not be insisted. A certified copy shall be issued on a request as per rules latest by the next date and the signed copy shall be issued latest in 7 days of filing the application. Schedule of Listing of Cases in the Court: Except for most urgent mattes, Monday and Friday to be fixed for fresh admission cases only, Wednesday to be fixed for cases listed at order stage and an application. Tuesday and Thursday for hearing cases only. The Court hearing: The case shall take up bunch of similar cases for final disposal and direct the Registry to list the cases as priority cases in the list for final disposal. Paging of files:

Every petition or any legal proceedings including appeals shall be numbered. Any pleading, application or documents submitted at later stage shall also be numbered in continuation. The office shall record such pagination of subsequently documents. File cover of petition: Every petition including an appeal which is filed in the court shall be presented in a file cover as issued by the High Court. High Court to have a counter to provide Daily Cause List, file covers etc, and forms as specified in the Rules, charges where of shall be fixed by the Registrar General on no profit basis. It will also be available with the stamp vendors. Double side printing of memo petition: Dual side printing of memo of petition, appeal etc. for filing in the High Court will be appreciated to save 50% of papers. A caution for Judges: A similar pattern of taking up cases by all Benches shall be appreciated. In case any Bench is to have a different pattern its working pattern or style should be printed in the cause list. For having a different pattern, the presiding Judge of the Bench shall consult the Chief Justice or his nominee. No case should be dismissed for non-appearance of the counsel or party at the time of initial call for hearing as per cause list. The list should be repeated and if at that time the party is not present either personally or through counsel the case may be dismissed for non appearance or if the case can be disposed of on merit it may be decided accordingly, however, liberty may be given to the party to move an application for re-hearing within a period of 30 days. On filing such application case shall be listed within seven days.

Provisions for installation of computers or tablets: Computers or tablets may be installed in each Court in the phased manner as per the demand of the Judges presiding their respective Courts so that the ruling cited by the members of the Bar can be viewed instantly. ADJOURNMENTS Causes of Judicial delay and measures to solve the problem: In the recent studies infrastructural deficiencies have been blamed for the delay. Accordingly more Courts and more judges are seen as a solution. But solving the infrastructural deficit by itself would not reduce delays unless a simultaneous effort is made at reforming the justification of delay. In many countries such as the U.K. and Singapore specification of the time limits has emerged as a distinctive feature of process reforms across jurisdiction that have been able to quantifiably minimize the judicial delays. In India, there have been at least two measure amendments in the Code of Civil Procedure in 1999 and 2002 which specified time frames. In 1999 amendment fixed an upper limit of three adjournments that courts could grant. By another amendment time limit was fixed for doing any act prescribed or allowed beyond the period of 30 days. The Supreme Court after considering the said too amendments held that the provisions are directory and not mandatory. Thus the Supreme Court relaxed the time limit. The Sub-committee after taking into consideration of the interpretation made by the Hon’ble Supreme Court proposes the following Rules:No adjournment shall be granted without satisfactory reasons. No adjournment will be granted for the same reason for which an adjournment was taken by the party previously. Adjournment may be granted where the

circumstances are beyond the control of the party seeking adjournment. If there is no sufficient reason for grant of an adjournment, in the opinion of the Court but for some reasons adjournment cannot be refused or for ends of justice the court feels inclined to grant adjournment, the Court under Order 17 Rule 2 CPC is empowered to grant adjournment subject to the payment of cost and direct the party to deposit the cost so imposed before the date fixed for hearing in favour of the High Court by way of a pay order. By this process further delay may be avoided. (Cause list be generated indicating the cases which are listed before the Mediation Centre of each day and be circulated along with regular cause list). The list shall also state the hour at which and the room in which each Bench shall sit.

Such

list

shall

be

known

as

the

Day’s

List.

RAJASTHAN HIGH COURT RULES, 2016 Bail Matters Every bail application under Section 438 and 439 of the Code of Criminal Procedure shall, as far as possible, be moved in the format prescribed. No application for grant of anticipatory bail or regular bail under any provision of law shall lie unless a notice has been served upon the Public Prosecutor/ Advocate General. In all Criminal Appeals and Criminal Revisions arising out of conviction and sentence imposed by a Judicial Magistrate or a Court of Sessions, the Registrar (Judicial) shall send for the records of the Court(s) below. In other cases the records of the Court(s) below shall not be sent for or requisitioned unless the Court directs. All applications for grant of anticipatory bail shall be supported with an affidavit of the applicant clearly stating the name of the advocate he has engaged and whether any such bail application has been previously filed or not. In exceptional cases a relative of the applicant or the person engaging the lawyer in the High Court may submit an affidavit in support of the application. In a case where the number of accused are more than one, the affidavit shall state as to whether or not bail application of a co-accused is

pending or has been disposed of in the High Court. All application under Section 439 of the Code of Criminal Procedure shall be supported with an affidavit of the relative of the applicant or a person acquainted with the facts. If the number of the accused are more than one, the affidavit shall state as to whether or not bail application of co-accused is pending or has been disposed of in the

High

Court.

For grant of bail, all applications shall be decided in accordance with the provision of Section 437 Cr.P.C. read with the Criminal Law Amendment Act 2009 passed by Parliament of India, which received the assent of the President of India on 7.1.2009, however so far the said Amendment Act has not been made effective by issuance of the requisite notification by the Central Government, which permits to grant bail application in cases where the offence alleged to be committed is punishable upto a period of seven years. The said amended provision thus yet has not become applicable, however, it discloses the mind of the Parliament in clear terms, that such an accused may be granted bail after giving an opportunity of being heard to the prosecution, according any application seeking grant of bail may within the limitations provided in Section 437 Cr.P.C. may be allowed by imposing all essential conditions of bail.

RAJASTHAN HIGH COURT RULES, 2016 PART-I CHAPTER Rules for Paper Book: Definition: 10.

Paper book means and includes the whole of the papers included in the paper book of either parties.

11.

Paper book shall consist of three parts Part I shall contain pleadings and deposition of witness, issues framed, judgments, decrees and

if any. Part II

shall contain the record of the proceedings in the High Court and Part III shall contain the exhibits and documents. 12.

Subject to the order passed by the Court, preparation of paper books shall be done by the parties. After service of notice is affected, counsel for both sides should agree on the list of documents and evidence to be typed and same shall be made ready by the parties within the time to be fixed by the Court.

13.

In all cases before it must be assured that the paper books are ready in advance before the case is ready for arguments. Such paper books may be used in appeal or SLP before the Supreme Court of India with necessary additions or improvement as per the requirement of each case.

14.

Such number of copies of paper books shall be filed in every case as would meet the requirement of the Bench as well as the parties. The present practice of filing extra set in Single Bench cases and D.B. cases is dispended with.

15.

Paging of paper book is necessary, as such, without paging no paper book shall be entertained.

16.

Any party will always be at liberty to apply for making any correction in the paper books or for filing supplementary paper book.

RAJASTHAN HIGH COURT RULES, 2016 PART-I CHAPTER Rules of High Court of Rajasthan for application under Article 227 Short title and Commencement.-8.

These rules may be called the Power of Superintendence of Rajasthan High Court over Courts under Article 227 of the Constitution of India Rules, 2016.

9.

An application under Article 227 (1) of the Constitution of India shall comply as far as may be with the Rules of the High Court for applications and shall also state clearly – 21. The name, description and place of residence of each applicant and the opposite parties; 22. The name of the Court or Tribunal and Judges by whom the decree or order objected to passed; 23. The date of decree or order of the Lower Courts and Tribunal in relation to which it exercises jurisdiction. 24. The grounds on which the relief is sought and also such material facts as may be necessary for the proper determination of the case. 25. Where a previous application has been made on the same facts, the applicant shall give all details thereof and shall also indicate the reason thereon. 26. The application shall be accompanied by the order of decision complained of and an affidavit verifying the facts relied on.

10.

Civil Revision petition - Such application shall be registered as Civil Revision

Petition (CRP) Art.227. 11.

To be heard by Single Judge - Such application shall be heard by a Single Judge.

12.

Lower Court Record not to be summoned ordinarily – (a) No records of case or proceeding in possession of any Court over which superintendence is claimed shall be requisitioned except in exceptional circumstances ordered by the Court either of its own motion or upon an application made by any of the parties to the application. (b)

Every application made under Rules 5(a) shall (unless the Court

otherwise directs) be supported by an affidavit showing how the record is material to the case in which the application is made, and that the applications cannot without reasonable delay or expenses obtain a duly authenticated copy of the record or of such portion thereof as the applicant requires, or that the production of the original is necessary in the interest of justice. 13.

Applications to be decided on Affidavits – All questions of facts arising for determination under this Part shall be decided ordinarily upon affidavits, but the Court may direct such other evidence be taken as it may deem fit.

14.

Interim Stay – The Court, while granting any interim relief or stay, may impose such terms and conditions including deposit of cost [or security] as it think fit.

15.

Direction of Costs etc. – The Court may in its discretion either before the opposite party is called upon to appear and answer or afterwards on the application of the opposite party demand from the applicant security in cash for the costs of the applications.

16.

Deposition of Costs etc. – In the absence of any special direction in the judgment such security shall be deposited in, and withdrawn from the accounts department of this Court.

17.

Refund of Costs etc. – At the conclusion of each case, the Court shall pass such orders for the refund or disposal of the security in deposit as it may consider necessary. When the court fails to make an order, the party claiming to be entitled to the refund or payment shall make a stamped application for the purpose and it shall be laid before the Court for orders in motion.

18.

Meaning of word Court and Tribunal – The meaning of the word Court or Tribunal shall mean the courts of civil judicature over which the High Court shall have superintend both administrative and judicial.

19.

Jurisdiction vested in the High Court under Article 227 is a revisional jurisdiction, and accordingly, no letters patent appeal shall be maintainable.

Judgment and Decree 1. Pronouncing of judgment.(i) After a case has been heard, judgment may be pronounced either at once or on some future date which shall be notified in the Day's List according to these Rules. No other notice to the parties shall be necessary. (ii) Where a case has been heard by two or more Judges and judgment has been reserved, their judgment or judgments may be pronounced by any one of them. If no such Judge be present, such judgment or judgments may be pronounced by any other judge. (iii) Where a case has been heard by a single judge and judgment has been reserved, his judgment may be pronounced, if such judge be not present, by another judge. 2. Judgment or order to be recorded.(i) Every judgment or order delivered by the Court shall be recorded. Where a written judgment or order is delivered, such judgment or order shall form part of the record. Where the judgment or order is delivered orally in open Court, it shall be taken down by a judgment writer and a transcript thereof shall form part of the record. (ii) If however, a supplementary cause-list is necessary for pronouncement of any reserved judgment, it shall be prepared. On pronouncement of such judgment the order-sheet shall be got noted by the parties or their counsel in court or notified by the office to the Advocate concerned. 3. Transcript of judgment or order prepared by a judgment writer.The transcript of the judgment or order prepared by the judgment writer shall be filed by

4.

5.

6.

7.

8.

9.

him' with the paper book or record of the case to which it relates not later than three days from the date on which such judgment or order was delivered. The judgment writer shall initial the transcript and enter at the foot thereof the date on which the judgment or order was delivered and the date on which the transcript was filed with the paper book or record of the case. Judgment or order to be sealed with the seal of the Court.(i) When the transcript of the judgment or order prepared by the judgment writer has been filed with the paper-book or record of the case, the Court Master shall submit it to the Judge or Judges who delivered it. It shall then be signed or initialled by such Judge or Judges after such corrections as may be considered necessary. Thereafter, it shall be sealed with the seal of the Court by the Court Master. (ii) Where a Judge by whom the judgment or order was delivered is not available on account of illness, retirement or any other cause, the transcript shall be submitted to the Chief Justice and it may be sealed under his orders without the signature of such Judge, a note to that effect being made on such judgment or order under the signature of the Registrar Judicial. (iii) Where a written judgment or order is delivered it shall, after it has been signed or initialled by the Judge or Judges delivering it, be sealed with the seal of the Court by the Court Master. Personal Assistants to Judges.There shall be attached to each Judge a Personal Assistant who shall act as his judgment writer. Preparation of decree or formal orders.After a suit or a proceeding in the nature of a suit or an appeal from a decree has been heard and decided, a decree shall follow the judgment. In other cases, unless otherwise ordered, a formal order shall follow the order finally disposing of the case or any order by which costs have been awarded. Taxation of Costs.(i) Where the Court has passed an order that the parties shall pay their own costs or that no costs be allowed or an order to the same effect or has passed no order as to costs, no sum shall be entered on taxation in respect of Advocates' fees except such sum as may have been ordered to be paid by a party irrespective of the result of the case. (ii) Where a party is only partially successful and costs are ordered to be paid in proportion to the success of such party, the amount of all taxable costs payable to it shall be proportionately reduced. Contents of decree or formal order.(i) The decree or formal order shall be drawn up in English and shall bear date of the day on which the judgment or order upon which it is founded was delivered. (ii) It shall contain the nature, number and year of the case, the names and descriptions of the parties, the names of their Advocates and a clear specification of the relief granted or other adjudication made. (iii) It shall state the amount of costs incurred in the case and by whom and in what proportions such costs and costs in the court or courts below, if any, are to be paid. Notice of decree or formal order for objection.As soon as the decree or formal order has been drawn up, the Registrar Judicial shall cause to be exhibited on a notice board placed in a conspicuous position in the Court building and open to the public, a notice stating that the decree or formal order bas been drawn up. The notice shall further state that any party to it or his Advocate may on or before a date to be specified in the notice peruse the same and sign it or file with the

Registrar an objection there-to on the ground that in his view there is a clerical error or omission in the decree or formal order or that it is not in accordance with the judgment or order upon which it is founded. Such objection, if any, shall state clearly what the alleged clerical error or omission is or in what respect the decree or formal order is not in accordance with the judgment or order. It shall be signed and dated by the party or the Advocate filing it. 10. Procedure on objection.Where an objection is filed under the next preceding Rule, the Registrar Judicial shall after giving notice to the parties concerned decide such objection with liberty to adjourn any matter to the Judge by whom such judgment or order was delivered in Chambers. If such Judge is not available, the matter shall be put up before such Judge as the Chief Justice may nominate. 11. Decree or formal order to be signed and sealed.(i) After the decree or formal order has been corrected or altered as directed by the Registrar Judicial or the judge, as the case may be, it shall be signed by the Deputy Registrar and sealed with the seal of the Court. (ii) If no objection is filed, the Deputy Registrar shall sign the decree or formal order and seal it with the Seal of the Court on the expiry of the date specified in the notice.

2.

3. 4. 5.

APPEALS TO THE SUPREME COURT (A) Civil Appeals on Certificate by the High Court. 1. (1) Whoever desires to obtain a certificate for appeal to the Supreme Court shall apply by petition to the Court for such certificate. Such petition shall comply with the provisions of Rules 1 and 2 of Chapter X of these Rules. (2) A petition for a certificate of fitness to appeal to the Supreme Court shall be registered as a “Miscellaneous Civil Case”. (3) A petition for such certificate shall be heard by the bench, from whose judgment, decree or order, it is intended to prefer an appeal to the Supreme Court: Provided, however, that if the Judge or Judges, constituting such bench be not immediately available, such petition shall be heard by a bench to be constituted by the Chief Justice, which shall ordinarily be a division bench. (4) Notwithstanding anything contained in sub-rule (1) a party desiring to appeal to the Supreme Court may apply orally for such a certificate immediately after the pronouncement of the judgment by the Court and the Court may after hearing the parties or their counsel grant or refuse the same to the party on such oral application or direct the party to file a petition as required by subrule (1): Provided, however, that if an oral application for certificate for leave to appeal under sub-rule (4) is made and rejected, no written petition under sub-rule (1) shall lie. If the Court grants rule upon the petition, the Deputy Registrar shall issue a notice on payment of prescribed fee in Form No. calling upon the opposite party to show cause, within a period of time after the service of notice, to be prescribed by the Deputy Registrar, why the certificate as prayed for should not be granted. Upon the Court making the rule absolute, a certificate for fitness to appeal, shall be issued in Form Nos. In view of rule 5 of order XLVII of the Supreme Court Rules, 1966 no application for consolidation of appeals will be entertained by this Court. An application for amendment of the record of the appeal by adding or substituting parties will not be entertained by this Court after the date of the order granting the certificate. The parties desiring such amendment shall be required to move the Supreme Court in that behalf.

6.

7.

8.

9.

When a party has been represented at hearing of the appeal by an advocate, unless the vakalatnama of such advocate has been cancelled with the sanction of the Court, or the Court otherwise directs such advocate shall accept service of the notice in the following cases, and the service of notice in such cases on the advocate shall be deemed sufficient notice:(1) of rule issued under rule 2 of the Rules; (2) of lodgment of petition of appeal under rule 7; (3) for inspecting the record and filing the list of documents under rule 9; (4) for making deposit for the costs of transmission of the original record, or the preparation of transcript of the record in English and of its transmission or for the preparation and transmission of the printed or photocopied transcript of the record. On receipt of the copy of the petition of appeal from the Supreme Court, the Deputy Registrar shall:(1) cause notice of the lodgment of the petition of appeal to be served on the respondent personally or in the manner provided under rule 6 above, in Form No. . (2) unless otherwise ordered by the Supreme Court, transmit or cause to be transmitted to that Court at the expense of the appellant the original record of the case, including the record of the Courts below; and (3) as soon as notice as aforesaid is served, send a certificate to the Supreme Court as to the date or dates on which the said notice was served on the respondent or respondents in Form No. . (1)(a) Where proceedings from which the appeal arises were conducted in Courts below in English, the Deputy Registrar shall, as soon as a copy of the petition of appeal is received from the Supreme Court, call upon the appellant vide Form No. to deposit in this Court the necessary amount to cover the costs of transmission of the original record of the case including the record of Courts below to the Supreme Court. (b) If the record of the Courts below is in the High Court, upon the appellant’s depositing the amount, the Deputy Registrar shall forward the same along with the record of the High Court, to the Supreme Court. (c) Where the record of the Courts below is not in the High Court, the Deputy Registrar shall direct the Courts below to transmit the records directly to the Supreme Court under intimation to this Court. (d) The Deputy Registrar shall also forward to the Supreme Court the record of the case so far as it pertains to the appeals in the High Court. (2) After meeting the costs of the transmission of the record, the balance of the deposit shall be refunded to the appellant. (3) Any default on the part of the appellant to deposit the amount to cover the costs of the transmission of the record as above, shall be reported to the Supreme Court for orders. (1) Where the proceedings from which the appeal, arises were conducted in Courts below in a language other than English, the Deputy Registrar shall, as soon as a copy of the petition of appeal is received from the Supreme Court, secure the record of the case from the Courts below, if the same is not available in the High Court, and as soon as it is received in the High Court, shall issue notices to the parties calling upon them to inspect the record of the case, if they so desire. (2) The notice to the appellant under sub-rule (1) shall also call upon him to file, within four weeks of the service, a list of documents which he proposes to include in the paperbook, after serving a copy thereof on each of the respondents. The appellant shall produce an acknowledgment in writing from each of the respondents that a copy of the list has been served upon him. (3) The notice to the respondent under sub-rule (1) shall also intimate the fact that a

10.

11.

12.

13.

14.

15.

16.

notice has already been issued to the appellant for filing the list of documents, and requiring him (the respondent) to file within three weeks from the service of a copy of the list on him by the appellant, a list of such additional documents as he desires to be included in the paper-book. (4) Any default by the appellant to file the list as required and within the time prescribed, shall be reported by the Deputy Registrar to the Registrar of the Supreme Court. (5) Notice to the appellant and the respondent to be issued under this rule shall be in Form Nos. . After the expiry of the time fixed for the filing of the list of additional documents by the respondent, the Deputy Registrar shall fix a day for the settlement of the list (hereinafter referred to as the Index) of documents to be included in the transcript of the record of the appeal. In settling the index, the Deputy Registrar as well as the parties concerned shall endeavour to exclude from the record all documents that are not relevant to the subject matter of the appeal and generally to reduce the bulk of the record as far as practicable. Where the respondent objects to the inclusion of a document on the ground that it is not necessary or is irrelevant and the appellant insists upon its inclusion nevertheless, the transcript of the record as finally prepared shall, with a view to subsequent adjustment of costs of the printing of the said document or costs incidental to, indicate in the index of the paper-book the fact that the respondent had objected to the inclusion of the document and that it has been included at the instance of the appellant. . Where the appellant objects to the inclusion of a document on the ground that it is unnecessary or irrelevant and the respondent nevertheless insists upon its inclusion, the Registrar, if he is of the opinion that the document is not relevant may direct that the said document be included separately at the expense of the respondent and require the respondent to deposit within such time as he may prescribe, the necessary charges therefor. If the amount so deposited is found insufficient, the Registrar may call upon the respondent (vide Form No. ) to deposit additional amount within such further time as he may deem necessary. The cost whereof shall follow the order of the Supreme Court. As soon as the index of the record is settled, the Deputy Registrar shall cause an estimate of the costs of the preparation of the transcript of the record (and of printing or photocopying thereof, where it is required to be printed or photocopied) to be prepared and served on the appellant and shall require him (vide Form No. ) to deposit within thirty days of such service, the said amount. Such costs shall include the costs of translation also. If at any time during the preparation of the transcript of the record (or of printing or photocopying thereof, where it is required to be printed or photocopied) the amount deposited is found insufficient, the Deputy Registrar shall call upon the appellant (vide Form No. ) to deposit such further sum as may be necessary within such further time as may be deemed fit, but not exceeding 28 days in the aggregate. Where appellant fails to make required deposit, the preparation of the transcript of the record (and the printing or photocopying thereof, where the same is required to be printed or photocopied) shall be suspended and the Deputy Registrar shall not proceed therewith without an order in this behalf of this Court; the Court may give such accommodation in the matter of time for making the deposit as it deems proper and if the appellant continues the default inspite of the order of this Court, the Deputy Registrar shall obtain an order from the Court for reporting the default to the Registrar of the Supreme Court. (1) The Deputy Registrar shall, within six months from the date of the service on the respondents, of the notice of the petition of appeal, transmit in triplicate a transcript of

17.

18.

19.

the record of the appeal in English, to be laid before the Supreme Court. A copy of the record shall be duly authenticated by appending a certificate under the seal of this Court and the signature of the Deputy Registrar. If for any reason the same cannot be transmitted within the period of six months mentioned above, the Deputy Registrar shall report the facts to the Registrar of the Supreme Court and obtain necessary extension of time for transmitting the same. (2) The Deputy Registrar shall forward with the record to Supreme Court a certificate showing the amount of expenses incurred by the parties concerned, for the preparation and transmission of the record. The Deputy Registrar shall give notice to the parties of the certification and transmission of the printed or photocopied record (when it is required to be printed or photocopied) in Form No. and thereafter send a certificate to the Supreme Court as to the date or dates on which the notice has been served on the parties in Form No. . (1) Unless the Supreme Court so directs, the record shall not be printed or photocopied in this Court. (2) Where the Supreme Court directs that the record be printed or photocopied, the same shall be printed or photocopied in accordance with the rules contained in the First Schedule of the Supreme Court Rules. (3) Where the appeal paper-book is not likely to consist of more than 200 pages, the Deputy Registrar may, instead of having the record printed, have it photocopied. (4) Where the record is printed or photocopied in this Court, the provisions contained in rule nos. from 6 to 17 above (both inclusive) shall apply mutatis mutandis to the printing and photocopying of the record. (5) Unless otherwise directed by the Supreme Court, at least 30 copies of the record shall be prepared for the use of the Supreme Court. (6) Unless a party informs its requirements before the printing or photocopying is undertaken, each party shall be entitled to three copies of the record for its use. For preparing the transcript of record (and for printing and photocopying the same, where it is required to be printed and photocopied) fees shall be charged on following rates – (1) An estimating fee of Rs.16 in Court fee labels shall be paid by the appellant along with the list of documents filed under rule 9 (2). (2) Translating Hindi, Urdu or Marathi portions or record Rs. 4 for every page or part thereof. (3) Examining Hindi, Urdu or Marathi Portions of record already translated. — Rs. 2 for every page or part thereof. (4) Translation of portions of record in other languages — Rs.6 for every page or part thereof. (5) Examining portion of record of other languages already translated. — Rs. 3 for every page or part thereof. (6) Copying of documents for preparation of the transcript of the record.— Re. 1 for every page or part thereof. (for four copies) (7) Comparing copies of documents for the preparation of transcript of the record. — Re. 1 for every page or part thereof. (8) Writing Head-Notes to documents in the transcript of the record. — Re. 1 for each head note. (9) Preparation of Index. — Re. 1 per item. (10) Examination of proofs where the record is required to be printed or photocopied. — Re. 1 for every printed or cyclostyled page.

20.

21.

22.

23.

24. 25.

26.

(11) Certifying of transcript of the record or of printed or cyclostyled record by the Deputy Registrar. — Re.1 for every 10 pages or part thereof. (12) Printing charges. — Actual cost not less than Rs.7 per page. (13) photocopying charges — Rs.2 per page or part thereof. Nothing in this chapter requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice to be served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court. (B) Civil Appeals by Special Leave to Supreme Court The provisions of rules 4 to 19 (both inclusive) shall apply mutatis mutandis to Civil Appeals by Special Leave to the Supreme Court. (C) Criminal Appeals on the Certificate of the High Court (1) Whosoever desires to appeal to the Supreme Court shall apply by petition to the Court for a certificate granting leave to appeal to the Supreme Court. The petition praying for a certificate for leave to appeal to the Supreme Court shall comply with the provisions of rules 1 and 2 of chapter X of the Rules. (2) A petition for leave to appeal to the Supreme Court shall be registered as “Miscellaneous Criminal Case”. (3) The petition for a certificate shall be heard by the bench from whose judgment or order, an appeal to the Supreme Court is intended to be preferred: Provided that if a Judge or Judges constituting such bench be not immediately available, such petition shall be heard by a bench to be constituted by the Chief Justice, which shall ordinarily be a division bench. (4) Notwithstanding anything contained in sub-rule (1) a party desiring to appeal to the Supreme Court may apply orally for such certificate immediately after the pronouncement of the judgment by the Court and the Court may, after hearing the parties or their Counsel grant or refuse the same or direct the party to file a petition as required by sub-rule (1): Provided that if any oral application for leave to appeal under sub- rule (4) is made and rejected, no written petition under subrule (1) shall lie. If the Court grants Rule upon petition, the Deputy Registrar shall issue a notice in Form No. . (1) if the petition is by the accused person, to - (a) the District Magistrate concerned, and (b) the Advocate General through the Law Secretary, Government of Madhya Pradesh, and (2) if the petition is by the State, to the accused person (s) - to show cause, within the time stipulated in the notice as to why the certificate prayed for, be not granted. Upon the Court making the Rule absolute a certificate of fitness to appeal shall be issued in Form No. . Except as otherwise ordered by the Supreme Court, the preparation of the transcript of the record (and of the printed or photocopied record, where the same is required to be printed or photocopied) and the transmission thereof shall be at the expense of the appellant. In appeals involving sentence of death and in other cases in which the Supreme Court thinks fit so to direct, the record shall be printed at the expense of the State. Two copies of the High Court paper book, if available for dispatch to the Supreme Court, shall be treated as the transcript of the record. In that event only such of the additional documents as the parties choose to include for the hearing of the appeal in the

27.

28.

29.

30.

31.

32.

33.

34.

35.

Supreme Court shall be pepared in duplicate and transmitted to the Supreme Court along with the High Court paper-book, one of which shall be duly authenticated. For the purposes of the transcript of the record, such of the documents in a language other than English, as have already been translated for the High Court Appeal PaperBook, need not be translated again. Where the appellant fails to take necessary steps to have the transcript of the record prepared and transmitted to the Supreme Court with due diligence, the Deputy Registrar shall report the default to the Registrar of the Supreme Court for orders. In the event of the Supreme Court directing this Court to print or photocopy the record under the supervision of the Deputy Registrar of this Court, he shall dispatch to the Registrar of the Supreme Court, unless otherwisedirected by the Supreme Court, not less than 15 copies where the appeal raises a question as to the interpretation of the Constitution and not less than 10 copies in other cases. (1) In all cases involving a sentence of death, the printed or the photocopied record shall be made ready and dispatched to the Supreme Court within a period of 60 days after the receipt of the intimation from the Registrar of the Supreme Court of the filing of the petition of appeal or of the order granting special leave to appeal. (2) In cases where such record can not be dispatched within 60 days as stated in sub-rule (1), the Registrar shall explain the circumstances under which it can not be so dispatched and obtain extension of time from the Supreme Court. Except as otherwise provided in rules 21 to 29 above (both inclusive) the provisions of rules 4 to 19 shall apply mutatis mutandis to criminal appeals on certificate issued by the High Court. (D) Criminal Appeal by Special Leave of the Supreme Court A certified copy of the Judgment or order passed in Criminal proceedings and appeals shall, on an application made by him, be supplied free of cost to the petitioner intending to apply for special leave of the Supreme Court against such judgment or order. On receipt of the order granting special leave to appeal to the Supreme Court, the Deputy Registrar shall require the office to take necessary steps to have the record of the case transmitted to the Supreme Court in accordance with the directions contained in the order granting special leave. Except as otherwise provided in rules 31 and 32 above the provisions of rules 21 to 30 above (both inclusive) shall apply mutatis mutandis to criminal appeal by special leave of the Supreme Court. (E) Miscellaneous Every judgment or order made by the Supreme Court in a case arising out of a judgment or order passed by this Court shall be entered in the computer in such a manner as to ensure that the bench hearing contempt petitions may be made aware of any order made by the Supreme Court in the matter.

1.

2.

3.

4.

5.

6.

PUBLIC INTEREST LITIGATION Public Interest Litigation (PIL) Generally Public Interest Litigation (PIL).(1)The Court may take up and deal with any matter relating to a public cause or of public interest by way of a petition registered as “PIL Petition” in accordance with the provisions contained in this Chapter. (2) Save as provided in this Chapter, the provisions contained in these rules in relation to the petitions under Article 226 of the Constitution of India shall generally apply to every petition registered as a PIL Petition. PIL Petition to be heard ordinarily by a Division Bench.Every matter to be taken up as PIL Petition, whether on a regularly filed petition or upon a letter petition or upon suo motu cognizance, shall be separately registered as “PIL Petition”; and every such PIL Petition shall, unless otherwise ordered by the Chief Justice, be laid before and dealt with by a Division Bench: Provided that any PIL Petition entertained and dealt with by a Division Bench shall ordinarily be placed before the same Bench always unless otherwise ordered by the Chief Justice. Interim orders.In any matter taken up as PIL Petition, whether on a regularly filed petition or upon a letter petition or upon suo motu cognizance, it shall be permissible for the Court to pass any interim order at any stage of the proceedings against any person/authority whether specifically joined in the petition or not, as considered expedient to secure the ends of justice: Explanation:- The Judge or Judges taking suo motu cognizance of a matter to be dealt with as PIL Petition may also pass any interim order as considered necessary looking to the given circumstances and exigencies; and such interim order shall continue to operate unless otherwise ordered by the Bench dealing with the matter after registration. Priority in PIL Petitions.The PIL Petition considered involving larger public interest, gravity, and urgency, shall be given priority over other petitions. Regular PIL Petition Filing of PIL Petition.A petition, drawn as nearly as possible in conformity with the Format appended to these, rules could be filed in the High Court espousing a public cause in the nature of regular public interest petition by an individual or by individuals having social public standing/professional status/public spirited antecedents. Such petition could also be filed by or with any social action group or a non-governmental organization: Provided that in every petition filed in public interest, the particulars of the petitioner, or of the petitioners when there be more than one petitioner, shall be distinctly stated; and the petition shall carry photograph as well as address proof of every individual petitioner and so also of the deponent filing the affidavit in support of the petition: Provided further that in every petition filed by or with any social action group or nongovernmental organisation, a specific resolution of such group or organisation to file such petition while authorising particular person or persons to prosecute the matter shall also be annexed to the petition. Facts to be disclosed.A petition filed in public interest shall disclose(1) the social public standing/professional status and public spirited antecedents of the petitioner/petitioners;

(2) the sources of finance for meeting the expenditure related with the petition alongwith Permanent Account Number, if any, with the Income Tax Department; (3) the source of the information on which the averments made in the petition are based; (4) the facts constituting the cause; (5) the nature of injury caused or likely to be caused to the public; (6) the nature and extent of the personal interest, if any, of the petitioner/petitioners involved in the cause; and (7) as to whether the petitioner, or any of the petitioners when there are more than one, is or has been involved in any other civil, revenue, criminal litigation in any capacity before any Court or Tribunal and if so, complete details of such litigation including the subject matter thereof. 7. Prima facie proof and affidavits.A petition filed in public interest shall, as far as practicable, be supported by prima facie proof, and an affidavit, on each substantive averment/allegation. 8. Declaration necessary.(1) A petition filed in public interest shall contain a declaration of the petitioner/petitioners that a thorough research has been conducted in the matter raised through the public interest litigation; and all the relevant material in respect of such research shall be annexed with the petition. (2) A petition filed in public interest shall further contain a declaration of the petitioner/petitioners that to the best of his/their knowledge and research, the issue raised was not dealt with or decided and that a similar or identical petition was not filed earlier by any person; and in case, such an issue was dealt with or a similar or identical petition was filed earlier, its status or the result. 9. The Court may ask for security.The Court may at any time during the course of hearing of the matter filed in public interest require the petitioner/petitioners to furnish security of such nature as considered appropriate towards costs or any other charges; and it shall be required of every petitioner to state an undertaking to comply with such requirements. Letter Petitions 10. Hearing of Letter Petitions on judicial side.No Letter Petition shall be heard on judicial side unless registered as a PIL Petition in accordance with the procedure provided in this Chapter. 11. Letter Petition addressed to the Chief Justice or any Judge.(a) Letter petition, addressed to the Chief Justice and directed by him to be registered as PIL Petition, shall be so registered. (b) Letter petition, addressed to a Judge of the High Court, may be forwarded by him to the Chief Justice for consideration. 12. Letter Petitions Cell.There shall be a Letter Petitions Cell in the Court, headed by the Deputy Registrar (Judicial) comprising such Officers of the Registry as members as may, from time to time, be nominated by the Chief Justice. 13. Procedure for scrutiny of Letter Petitions and registration of PIL Petition thereupon.(1) All Letter Petitions other than those mentioned in rule 385-K above, shall be forwarded to the Registrar (Judicial) in original, who shall mark it to a member of the Letter Petitions Cell for scrutiny. The member shall scrutinize the Letter Petition so marked in the light of the guidelines contained in this Chapter or as may, from time to time, be issued by the Chief Justice. After scrutiny, the Letter Petition shall be submitted with scrutiny-note to the Chief Justice or to a Judge or a Committee of Judges, nominated for the purpose by the Chief Justice.

(2) The Chief Justice or the Judge or the committee of Judges nominated by the Chief Justice, may either direct that the Letter Petition be registered as PIL Petition or may pass such other order as deemed fit. (3) Where the Judge or the Committee of Judges nominated by the Chief Justice, directs registration of a Letter Petition as a PIL Petition, the same shall be so registered and placed before the Chief Justice for assignment to a Bench for hearing: Provided that the Chief Justice or the Judge or the Committee of Judges as referred above, before directing a Letter Petition to be registered as a PIL Petition may cause any such enquiry to be made in relation to the petitioner, and may require such further and better particulars from the petitioner, as deemed proper and necessary. (4) No one shall have a right to be heard by the Chief Justice or by the Judge or the Committee of Judges nominated by the Chief Justice in respect of a Letter Petition before its registration; and no correspondence shall be entertained in respect of any Letter Petition. (5) The High Court shall not be obliged to maintain a record of every Letter Petition; nor shall the Chief Justice or the Judge or the Committee of Judges nominated by the Chief Justice, be bound to assign or communicate reasons for any order made under sub-rules (2) and (3) of this rule. 14. Bar on certain matters to be registered as PIL Petition on a Letter Petition.(1) No Letter Petition espousing individual/personal cause, or any such cause as may from time to time be specified by the High Court, shall be entertained as a PIL Petition. (2) Ordinarily, a letter petition shall not be directed to be registered simply because the petitioner lacks financial resources to prosecute the remedy available to him under the law. In such cases, appropriate direction to the Legal Services Committee or the State Legal Services Authority may be made by the Chief Justice or by the Judge or the Committee of the Judges nominated by the Chief Justice. 15. Saving of the powers of the Chief Justice.Nothing contained in these rules shall be deemed to restrict the powers of the Chief Justice to register a Letter Petition in his discretion. Suo motu Cognizance 16. Power to take suo motu cognizance.Nothing contained in these Rules shall be considered de-limiting or restricting the powers of the Judges of the Court whether sitting singly or otherwise to take cognizance of any matter that would appear to be of public interest requiring intervention of the Court. The procedure as set forth hereafter will be followed in such matters. 17. Registration and assignment of PIL Petition upon suo motu cognizance.Upon an order having been drawn by a Judge or by Judges of the Court during the course of hearing of any matter or otherwise, in relation to any cause, matter, or issue that has come to his or their knowledge having the element of public interest involved and requiring intervention of the Court, such order together with such other material as may be directed shall immediately be registered as a PIL Petition and shall be placed before the Chief Justice for assignment to appropriate Bench. 18. Amicus Curiae.In a petition registered as PIL Petition upon taking of suo motu cognizance as aforesaid, it shall be permissible for the Bench dealing with the matter to request any lawyer or lawyers to render assistance in the matter who shall act as Amicus Curiae on such terms as may be settled by the Court looking to the nature and circumstances of the case.

Deposit and Repayment of Money. 1.

Heads of account.Money received and paid shall be classified under the following heads of account, namely— (1) Judicial deposits, including— (i) sums deposited in lieu of security in Supreme Court Appeals and other cases under the orders of the Court; and (ii) sums deposited in connection with the preparation of paper books. (2) Miscellaneous deposits, including— (i) travelling and other expenses of witnesses; (ii) cost of publication of notices in news papers; (iii) fees and incidental charges of commissioners arbitrators etc; (iv) copying charges received by money order; (v) fee of the Government Examiner of questioned documents for giving opinion; (vi) copying charges paid in cash for the preparation of copies of books, registers, maps or plans. (3) Government credit, including— (i) sums to be credited to Government out of the sums deposited under Head (i) (ii) of this Rule; (ii) fines, stamp duties and penalties; (iii) sale-proceeds of forms, waste paper, and useless furniture; (iv) sale-proceeds of paper books; (v) sums deposited by parties for summoning records.

2.

Direct receipts of money which fall under head of Account No. (1) and (3) shall, as far as possible be avoided.

3.

Payment of cash by tender.Payment of money into court shall ordinarily be made by means of a printed tender form in triplicate duly filled in Hindi or English by the payer.

4.

Presentation of tender.The payer shall present the form to the Deputy Registrar ordinarily between the hours of 10-30 and 11-30 A.M. (or during morning hours 7-0 and 8-0 A.M.). The Deputy Registrar shall call for a report from the official in charge of the record of the case as to the correctness of the amount, the nature of the payment tendered and the number of the case, if any, as entered in the form and whether the payment is due from the person on whose behalf it is tendered. After such corrections as may be found necessary have been made, the Deputy Registrar shall put his signatures on the tender form, shall get the tender entered in the register of tenders as well as sign the order to receive Payment on the duplicate and triplicate forms of the tender. Thereafter the original tender shall be retained in safe custody by the

Superintendent, Accounts Section, the duplicate and triplicate forms being returned to the payer for presentation and payment of the money to the officer named in the order i.e. the cashier or the treasury officer. The Deputy Registrar shall ensure that the tender form is ordinarily returned duly signed to the payer the same day by 1-0 P.M. or during morning hours 9-30 A.M. 5.

Payment to the Cashier.(1) On presentation of the two tender forms and on payment of the money to the officer named in the order to receive payment, the payer shall receive as an acknowledgement one of the forms of tender duly signed and the other form shall be retained as a voucher by the treasury or the cashier and posted in a file book. (2) At the close of the day the Superintendent, Accounts Section shall compare the original tenders with the advice lists received from the treasury as well as with the copies of tenders presented by the payers to the cashier. The cashier shall certify the receipt of money in the register of tenders giving the serial number of the entry made in the relevant register. The Superintendent, Accounts Section shall then counter-sign the cashier's certificate at the foot of the original tender and send it without delay to the official concerned for being placed on the record of the case.

6.

Time for payment.The time for the payment of money to the Cashier shall be from 10-30 A.M. to 2P.M. and during morning hours 7-0 A.M. to 10-0 A.M.

7.

Payment by moneyorder.Payment of money into Court may also be made by moneyorder addressed to the Deputy Registrar. The moneyorder shall be received by the cashier and entered in the register of money orders, and the register and the moneyorder shall be laid before the Deputy Registrar for signature. A tender form in triplicate shall be prepared by the Superintendent of the department concerned, and the procedure laid down in the preceding Rules shall, so far as may be, be followed.

8.

Deposit to be sent to the State Bank of India.Sums deposited under heads (1) and (3) of Rule 819 shall be entered at once in their respective receipt registers and sent to the Treasury.

9.

Time bared translation and printing charges received by Money Order.Sums tendered on account of translation and printing charges beyond the prescribed period shall not be accepted. But where such sum has been received by money-order, it shall be entered in the register of Judicial deposit under sub-head (ii) of head (1) of Rule 819 and credited to the personal ledger account mentioned in the next succeeding Rule.

10.

Disbursement of miscellaneous deposits.-

Sums deposited under head (2) of Rule 819 shall be entered at once in the register of miscellaneous deposits and repayments. Sums deposited under sub-head (v) of head (2) of Rule 819 shall be sent to the Treasury as soon as possible and credited to the Central Government under the appropriate head. Sums deposited under other sub-heads shall be retained by the Cashier if the money is expected to be disbursed soon; otherwise the money shall be credited to the personal ledger account maintained at the Treasury in the name of the Deputy Registrar and may be withdrawn when required by means of a cheque signed by the Deputy Registrar for the purpose of disbursement. In such case before the money is actually disbursed it shall again be entered in the register to which such deposit relates. 11.

Manner of Repayment.The repayment of sums entered under head (2) of Rule 819 may be made by the Cashier in cash, or when the amount does not exceed Rs. 100/-, by postal moneyorder under the orders of the Deputy Registrar after deducting money order commission therefrom.

12.

Repayment Orders.The repayment of sums entered under head (1) of Rule 819 shall be made *1 through treasury by means of a repayment order upon an application in the prescribed form under the orders of the Registrar or the Deputy Registrar.

13.

Presentation of application for Repayment.Every application for repayment under Rule 829 shall be signed by the person to whom the money is repayable or by the person duly authorized by him by a general or special power of attorney. When the person signing the application is not known to the Deputy Registrar, his signature shall be witnessed by an Advocate or any other person known to the Deputy Registrar. If the applicant desires that the money be paid on his behalf to his Advocate, he shall sign a declaration on the form that the money be paid to such Advocate. Such Advocate shall also put his signature on the form. The applicant shall fill up columns 1 to 4 of the form. If the precise amount due to him is not known, column 4 need not be filled up. The application shall bear the necessary court-fee stamps and shall be presented to the Deputy Registrar during the hours fixed for presentation of applications.

14.

Identification of the applicant.If the person to whom the money is payable appears in person and is not personally known to the Deputy Registrar, no order for repayment shall be made until he has been identified by an Advocate or any other person known to the Deputy Registrar.

15.

Repayment by Money Order.Where the sum to be repaid does not exceed Rs. 100/- and the applicant desires that the money be remitted to him by money order, he shall add to the application a request to that effect and mention the address at which the money is to be remitted to

him. He may instead of presenting such application to the Deputy Registrar forward it to him by post after obtaining thereon the countersignature of a Judge, Munsif or Magistrate as to his identity under the seal of the court. In such case the money repayable less money order commission shall be remitted to him by money-order at the address given in the application. If the applicant is serving in the Army, Navy or Air Force, the countersignature as to his identity by his Commanding Officer will be sufficient for the purpose of this Rule.

16.

Order by the Court in certain cases.In the case of appeals to the Supreme Court, the Deputy Registrar shall before making an order of repayment obtain an order of the Court as to such repayment. The Deputy Registrar or the Court may before making an order of repayment direct notice to issue to any person or persons to show cause why such repayment should not be made.

17.

Order of repayment.If the application is found by the Deputy Registrar to be incorrect or defective, he may get it-corrected by the applicant. The Deputy Registrar shall thereafter satisfy himself after calling for an office report that the repayment is due and that no charges are due from the applicant on account of any translation and printing. He shall also obtain a certificate from the Superintendent, Accounts Department, showing that there is no order of attachment or stop order in force affecting such money or any part thereof. On being satisfied that any repayment is due to the applicant, he shall make an order of repayment and thereafter a repayment order shall be prepared in the proper form. Where it is found that no money is payable to the applicant, the application shall be rejected and placed on the record of the case.

18.

Repayment to be promptly made.It shall be the duty of the Deputy Registrar to see that applications for repayment are promptly dealt with and a repayment order should ordinarily be ready for delivery to the applicant within one week from the date of the application.

19.

Checking of Cash balance.The cash balance in the hand of the Cashier shall be checked at least once every month by the Deputy Registrar.

20.

Registers.The Cashier shall keep the following registers, namely:— (1) Deposit Cash Book; (2) Cash book; (3) Register of Money Orders; The Superintendent, Accounts Department, shall keep the following registers, namely, (1) Register of Receipt and Repayment of Judicial Deposits; (2) Register of Miscellaneous Deposits and Repayments; (3) Register of Lapsed Deposits; (4) Clearance Register; (5) Register of Personal Ledger Account; (6) Register of Contingencies; (7) Register of Government Credits or Revenue Receipts.

21.

Acquittance Rolls.The Cashier shall also maintain the acquittance rolls.

22.

Annual lists of unpaid deposits.Early in the month of February every year, of the registers of Receipts and Repayments of Deposits shall be carefully examined by the Superintendent, Accounts Department, and a list shall be prepared of— (i) (a) all deposits not exceeding rupees five which have remained in deposit from a date prior to April 1 of the preceding year; and (b) all unpaid balances of deposits not exceeding rupees five of all deposits which have been partly repaid, and (ii) all deposits and unpaid balances of deposits which had on the first day of February remained in deposit from a date more than two years prior to April 1 of the preceding year. The list shall be affixed on the notice board in a conspicuous part of the court-house with a notice stating that the items mentioned therein would lapse to Government if they are not withdrawn before April 1 following and that such lapsed deposits cannot be repaid without the sanction of the Accountant General

23.

Online Deposits and Repayment.Nothing contained in this chapter shall prevent the Chief Justice of the Court for

making provisions for on line deposits and repayment of money in addition to, or in substitution of the provision contained hereinbefore. Inspection of Records 1. Removal of record from Court building.No record of any case shall be removed from the Court building except under an order in writing of a Judge or the Registrar: Provided that if a Judge requires a record at his residence he may take it. The official in whose custody the record is shall keep a note of the date when the Judge takes the record is shall keep a note of the date when the Judge takes the record and the date when he returns it. 2. No inspection of record in Administrative Department.No record or paper in the Administrative Department shall be inspected by any person other than a Judge or a Gazetted officer of the Court except under an order in writing of the Judge in the Administrative Department. 3. Inspection of record in Judicial Department.Except as provided in Rule 84 or Rule 220, no record or paper in the Judicial Department shall be inspected by any person other than a Judge or Gazetted officer of the Court without an order in writing of a Judge, the Registrar or the Deputy Registrar. 4. Time of inspection.Any person permitted to inspect a record may inspect it between the hours of 12 Noon to 3 P.M. and during morning hours 8.00 A. M. to 10.30 A.M on such day or days for which permission is given. 5. Place of inspection.No inspection of the record of a Judicial case shall be made except in the room of the Inspection Clerk and in his presence. 6. Inspection by a party.Any party to a case or the Advocate or recognised agent of such party may apply for an order for inspection by himself of the record of such case or any paper or papers contained therein: Provided that a party which has been ordered to file a written statement shall not be entitled to inspect a written statement filed by another party until it has first filed its own. 7. Inspection by stranger.(1) A person other than a party to the case may also apply for an order for the inspection of a record or any paper or papers contained therein provided he clearly stated in his application the reason why such inspection is desired. (2) Such person shall not be entitled as of right to obtain an order for inspection and shall in no case be allowed to inspect any exhibit on the record except with the consent in writing of the person by Whom such exhibit was filed or by his successor-in-interest. Such consent shall be filed along with the application for inspection. (3) Notwithstanding anything contained in sub-rule (2) an officer or other nominee of the Reserve Bank of India duly authorised for the purpose by the Bank may be allowed to inspect the records of the Court in the matter of any Bank in liquidation. 8. Form of application.Every application for inspection shall be on the prescribed form and shall specify clearly— (a) the particulars of the record or paper of which inspection is desired; (b) the party or the person on whose behalf the application is made;

(c) the name of the person by whom inspection is to be made; and (d) whether the application is an ordinary or an urgent one. 9. Fees.The fees for the inspection of records in Civil and Criminal cases shall be paid in court fee labels in accordance with the following scale, namely— (i) Ordinary—Rupee one. (ii) Urgent—Rupees two. Provided that no fee shall be charged in the case of— (a) inspection by counsel appearing for the Government or by an officer of the Government whose duty it is or who may have been empowered by the Government to make inspection of records; (b) inspection by counsel for accused:— (i) where the accused is in custody; (ii) where the counsel is appointed at the expense of the Government; (c) inspection by an officer or other nominee of the Reserve Bank of India inspecting a record under sub-rule (3) of Rule 861. (d) inspection by any person specially exempted from the payment of such fees by the Chief Justice. 10. Time of application.Every application for inspection shall be made before the Deputy Registrar on a working day between the hours of 10.30 A.M. and 1 P.M. and during morning hours between 7-0 A.M. and 9. A.M. and shall bear the court-fee labels as provided in Rule 863: Provided that a fresh application for the inspection of the same record on the next day shall be entertained up to 3.30 P.M., and during morning hours, upto 11 A. M.

11. Order of inspection.Every order for the inspection of a record shall specify the record or the paper or papers of which inspection is allowed and shall state the name of the person or persons who may make such inspection. 12. Application to be forwarded to the Superintendent concerned.After an order for inspection has been made, the Deputy Registrar shall forward the application to the Superintendent of the department concerned. 13. Application to be numbered, initialled and registered.The Superintendent or one of his assistants shall number and initial the application and enter it in a register in which the following entries shall be made, namely— (a) Serial number of the application and the nature of inspection (Ordinary or Urgent); (b) particulars of the record or paper inspected; (c) date of the order of inspection; (d) date of inspection; (e) name of each person inspecting the record; (f) the date of receipt of record or paper and the date of its return; and (g) remarks, if any. 14. Ordinary and urgent applications.Inspection on an ordinary application shall be allowed on the day following the day on which the application is made or on a subsequent day mentioned in the order. Inspection on an urgent application shall be allowed on the same day. 15. No pen, ink etc. to be brought into the inspection room.The officer before whom the inspection is made shall not allow any person inspecting a

record or paper to bring into the room any pen or ink or to make any mark, upon, or in any respect to mutilate, any record or paper which is being inspected. No person other than the person or persons named in the order of inspection shall be allowed to enter the inspection room: Provided that a registered clerk may accompany an Advocate in the inspection room, but shall leave the room as soon as the advocate cases inspection.

16. Inspection of registers.(1) No one other than a Judge, the Registrar or a Gazetted officer of the Court may inspect any register except on an order in writing of the Registrar and in the presence of the officer whose duty it is to keep such register; and no one other than a Judge or the Registrar may inspect any confidential Register. (2) The fee for the inspection of a register in the Judicial Department shall be one rupee and fifty Naya Paisas. In other respects the Rules contained in this chapter with reference to the inspection of record in any case or proceeding shall, with necessary modifications and adaptations, apply to the inspection of a register. CERTIFIED COPIES 1. Copy not to be made without order.Except as otherwise directed by these Rules or by a Judge, no copy shall be made or permitted to be made of any record or of any paper in any record, without an order of the Court, the Registrar or the Deputy Registrar on an application made as hereinafter provided. 2. Application for copy.Every application for copy shall be presented in person or sent by post to the Deputy Registrar: Provided that an application for copy by a stranger to the case to which the paper of which a copy is sought relates shall be presented in person to the Registrar— (a) when it is made before the passing of the final decree or order in the case; or (b) when the copy required is of an exhibit in the case whether the application is made before or after the date of the passing of the final decree or order. 3. Contents of application.Every application for copy shall be written on the prescribed form and shall state— (a) the name and address of the applicant; (b) whether the applicant is a party to the case which the paper of which a copy is ought to relates; (c) whether the application is an ordinary or an urgent one; (d) whether the copy is to be sent by post; (e) full particulars of the 'paper of which a copy is sought and the record in which it is contained mentioning in the case of an appeal, revision or reference, the Court in which the case under appeal or revision was decided or from which reference was received; (f) whether the case has been finally disposed of and the date of decision or final order, if any; and (g) when the applicant is not a party to the proceeding, the purpose for which the copy is sought. 4. Copies by post.Where it is desired that where the application for a copy is rejected, notice of its rejection be sent to the applicant by post, the address at which such copies or notice may

be sent shall also be given in the application and postage stamps of the requisite value shall be attached thereto. Where the cover is required to be sent by registered post, the fact shall be stated in the application and extra postage stamps sufficient to cover registration charges shall also be attached to the application. 5. Time of presentation.All applications for copy shall be received between the hours of 10-30 A.M. and 1 P.M. and during morning hours, 7-0 A.M. and 9 A.M. The Registrar or the Deputy Registrar, as the case may be, may in exceptional circumstances receive any application after 1 P.M. (or 9-0 A.M.). After receiving such applications, the Registrar or the Deputy Registrar, as the case may be, shall endorse on them under his initials the date of receipt, pass orders granting the application and forward them to the Head Copyist. The Head Copyist shall without delay put serial numbers on them and enter them in the Register of Applications for copies mentioned in Rule 891. 6. Copy of written statement.A party which has been ordered to file a written statement shall not be entitled to take a copy of a written statement filed by another party until it has first filed its own. 7. Application by stranger.An application by a stranger to the case for the copy of an exhibit whether the application is made before or after the passing of the final decree or order or for the copy of any other paper when it is made before the passing of the final decree or order in the case, shall not be granted unless the Registrar is satisfied that there is sufficient reason for granting it. The Registrar may refer any application under Rule to the Administrative Judge for orders. 8. Grant of copy of exhibit to stranger.No order for a copy of an exhibit shall be made on the application of a stranger to the case in which such exhibit was filed, unless the application is accompanied by a properly authenticated consent of the person by whom such exhibit was filed to the grant of such copy. 9. Copy of deposition which is being recorded before the Court.Where an application is made for the copy of a deposition which is being recorded before the Court, the Deputy Registrar shall refer it to the Bench concerned for orders. If the application is granted, the ordinary procedure shall be followed, except that only such portion of the deposition shall each day be given to the Head Copyist as may reasonably be expected to be copied out during the day. At the close of the day the Head Copyist shall return it to the Bench Reader concerned. In the case of an urgent application, if the Court, so directs, such copy may be prepared by the judgment clerk by whom the deposition is taken down in shorthand and shall be issued by the Head Copyist after he has compared it with the original. At the request of the applicant uncertified copies of such depositions may be issued without such comparison by the Head Copyist to avoid delay. 10. No charge for copy in certain cases.Notwithstanding anything contained in these Rules, the Registrar may order a copy of any paper on a record to be made and delivered free of charge upon an application on behalf of a Government or the head of any Department of a Government in India or any High Court in India, or any authority in India exercising jurisdiction similar to that of a High Court or any Court subordinate to this Court, or any principal Court in any other country to enable the Registrar to exercise his discretion, the purpose for which the copy is needed shall be stated. 11. Free Copy.-

(1) A copy of the original or appellate decree in a pauper suit or appeal or application may be supplied free of charge on application to a Government Law Officer. (2) A copy of the whole or any part of the record, when required for the purposes of conducting any trial or investigation or any judicial proceeding on behalf of the Government in a criminal case may on application be supplied free of charge to a Government Law Officer. If, however, the Registrar considers that the demand made is in excess of what is necessary for the purpose stated in the application, he may refuse to grant free of charge any or all the copies applied for. (3) A copy of the judgment or order in a criminal case may be supplied free of charge to a prisoner confined in a jail on an application received through the Superintendent of the Jail concerned. If the application is made through a friend acting or purporting to act on behalf of the prisoner it shall be sent to the Superintendent of the Jail concerned to be attested by the prisoner and when so attested, it shall be treated as the prisoner's own application. (4) In Civil cases in which the Government is a party, copies of judgment, orders and decrees and of any other papers required for the purposes of conducting the case shall be supplied free of charge to the Government Law Officer. 12. Confidential papers.(1) No copy of, or extract from, any minute, letter or document on any administrative or confidential file of the Court shall be issued except under an order in writing of the Chief Justice countersigned by the Registrar. Every such Order shall be kept in a file by the Registrar and he shall make a note thereof duly dated and signed by him on such minute, letter or document. (2) No copy of, or extract from, the minute book of the Administrative Committee shall be given except in accordance with any resolution passed at a meeting of the Administrative Committee. (3) No copy of, or extract from, the minute book of the Full Court or a Full 'Court circulation' file marked confidential or secret, shall be issued. 13. Copy of copy.No copy shall be given of any document which is itself a copy except for special reasons to be recorded on the application by the Registrar or the Deputy Registrar, as the case may be. Where a copy of a copy is given, the fact that it is such copy shall be noted in red ink on the top of each page of such copy. 14. Delivery of copy to registered clerk.An application for copy duly signed by an Advocate may be presented by his registered clerk and the copy when ready may be delivered to the clerk presenting such application. 15. Copy of document in a language or character not current in the State.Where an application is made for a copy of any document in a language or character with which no copyist on the establishment; of the Court acquainted, the Registrar shall, if possible, arrange, for the preparation of a copy by any competent person acquainted with such language or character, who may, in his opinion, be relied upon for the purpose. In such a case the person preparing the copy shall verify it in the following manner, namely— "I (A.B.) declare that I read and understand the language and character of the original and that the above is a true and accurate copy thereof". If no such person can be found, the Registrar may send the document together with a copy of this Rule to a court in another State where such language or character may be in

use and request it to have the copy made. Any additional charges incurred shall be borne by the applicant. If agreed to by the person applying for such copy, the Registrar may, instead, have a photographic copy prepared of such document, if possible, on payment by the applicant of all such additional charges as may be incurred. 16. Application to be accompanied by copy folios and stamp labels.Except in cases where no copying fee is chargeable under these Rules, every application for copy shall be accompanied by copy folios bearing extra adhesive copy stamp labels of the requisite value, unless the copy required be of a book, register, map or plan or an extract thereof. If the whole of the copy cannot be written upon the copy folios accompanying the application, it shall be completed upon ordinary foolscap size paper: Provided that where the copy required is a copy of a decree of the Court, the application shall be accompanied only by adhesive copy stamp labels of the requisite value and the copy shall be made on the printed form prescribed for the preparation of decrees, the court-fee labels being affixed thereon. Provided further that when copy folios may not be available, plain paper may be used for the preparation of copies. 17. Scale of charges for copies.The following scale of charges is prescribed for copies, Viz; (a) For a copy of a judgment, deposition, decree or any other paper except a book, register, map or plan or any extract thereof, containing less than four hundred words Ordinary ... Rs. 1/- Urgent ... Rs. 2/(b) For a copy ordinary or urgent containing more than four hundred words, for four hundred words the charge shall be the same as detailed above, and for every subsequent hundred words or less an extra charge of *4 twenty-five Naya Paisas and *4 fifty Naya Paisas shall be made for an ordinary and urgent copy respectively:*1 The representatives of approved Law Reports shall, subject to the conditions laid down in Rule 119, be entitled to get (i) copies of Judgments and orders “Approved for Reporting” (A.F.R.) on payment of *2 & *4 Rs. 2 and 50 Naya Paisas per copy and (ii) copies of judgments and orders not marked reportable on payment of three fourth of the above charges provided such judgments and orders are approved by the Judges for publication. *3 In cases in which an applicant desires to have more than one copy of a paper and typed copies can be given, each copy after the first shall be supplied at half the rates prescribed above. 18. Copies of books etc.Where the application is for the copy of a book, register, map or plan or any extract thereof, the Head Copyist shall, as soon as it has been received from the Registrar or the Deputy Registrar, as the case may be, cause an estimate to be made of the cost of preparation of such copy and submit it along with the application to the Registrar. After the Registrar has approved the estimate, it shall be communicated to the applicant if present, or notice thereof shall be affixed on the Notice Board of the Copying office on two consecutive working days and the applicant shall be required to deposit the estimated cost within seven days. If the application has been received by post, a copy of the notice shall be sent by unpaid post to the applicant requiring him to deposit the estimated cost within ten days. If within the time aforesaid the estimated cost mentioned in the notice is paid to the cashier or received by him by money order, he shall enter it in the Register of Petty Items and inform the Head Copyist. The Head Copyist shall obtain the order of the Deputy Registrar for the purchase of the necessary stamp, tracing cloth

etc. and the copy shall thereafter be prepared. If the cost is not received by the cashier within the aforesaid time, the application shall be rejected. 19. Photostat Copies – (1) The scale of charges for photostat copies of any judgment, deposition, decree, document, book, register, map, plan, photograph or any other paper is prescribed as under,- For one copy ... Rs. 2.00 per page For each additional copy ... Rs. 1.50 per page In case the copy is to be reduced in size or enlarged within the limits of half size to double size, the charges will be twice the rates mentioned above. *2 Provided that in the event of official machine going out of order or it cannot cope with work load of the Copying Departments, the photo stat work of the Copying Department may be got done through a private firm on the terms and conditions which may be approved by the Chief Justice. (2) If and when any change in the scale of charges mentioned in sub-rule (1) becomes necessary, the Registrar may, with the approval of Chief Justice, make such change. (3) The charges shall be payable in cash and Copying Stamps as may be determined by the Head Copyist under the directions of the Registrar. 20. Rejection of application.If for any reason the copy applied for cannot be given, the application shall be rejected. The copy folios and stamps shall be returned to the applicant after taking his signature in the appropriate column of the Register of Applications and he shall be informed of the reason why the copy cannot be given. If, the application is received by post, the information shall be given to the applicant and the copy folios and stamps returned to him by unpaid post. If, however, any postage stamps have been filed with the application under Rule 874, they may be used for the purpose. A note thereof shall be made in the remarks column of the Register of Applications. 21. Destruction of copy folios and stamp papers which cannot be returned.If any copy folios and stamps are to be returned to the applicant personally under the next preceding Rule and the applicant does not appear within three days of the date on which his application is rejected, they may be sent to him by post provided that the necessary postage stamps have been deposited on his behalf for this purpose. Any copy folios and stamps which cannot be returned to the applicant or are received back as undelivered from the Post Office shall be destroyed under the orders of the Deputy Registrar after the lapse of a period of three months, the fact being noted in the remarks column of the register. 22. Register of applications.A Register of applications for copies and another Register of applications for copies disposed of shall be maintained by the Head Copyist in the prescribed form. 23. Applications to be dealt with in serial order.All applications for copy shall be dealt with according to the serial numbers in the order of the dates of presentation, urgent applications being given priority over ordinary ones. Any departure from this Rule shall be reported immediately to the Deputy Registrar with reasons for such departure and his orders shall be complied with. 24. Requisition for record.The Head Copyist shall promptly make proper entries in the Register of Applications for Copies. The Head Copyist shall send the applications to the official-in-charge of the records required who will enter each in the appropriate column of the Register his signature and the date and hour on which he received the application relating to him. The official-in-charge of the record shall without delay send such application, order and stamped paper and the record to the Head Copyist and shall take from the Head Copyist,

in a book to be kept for the purpose, a receipt of the date and hour when such record was delivered to him; and the Head Copyist shall enter in the appropriate column of the Register the date and hour on which he received the aforesaid record. 25. Reference to Deputy Registrar.If any difficulty arises in the preparation or issue of a copy, the matter shall be referred to the Deputy Registrar for orders. 26. Notice of defective application.If an application for copy does not contain sufficient information to enable the record to be traced or if the fee paid is insufficient or the application is otherwise defective, the applicant shall be informed, if present, or a notice to that effect shall be affixed on the notice board. If the application has been received by post, the information shall be communicated to the applicant by unpaid post. If the defect is not removed or the deficiency not paid within one week, the application shall be rejected. 27. Delivery of copies to applicants.After a copy has been prepared, it shall be examined and certified to be a true copy by the superintendent of the Copying Department and each page of the copy shall be stamped with the seal of the Court. At the end of the day, the Head Copyist shall cause all copies which have been duly certified and sealed to be delivered to the applicants, or where the requisite postage stamps have been deposited by the applicants for the purpose, to be sent to them by post, after making necessary entries in the appropriate column of the Register. 28. Notice of ready copies.(i) A definite date not ordinarily exceeding seven days ahead shall be fixed for the delivery of the copy and intimated to the applicant. The copy, as far possible, shall be delivered on the date so fixed. (ii) If for any reason the copy is not ready for delivery on the date so fixed, the applicant shall be directed to attend on another date, when the copy may be expected to be ready for delivery. (iii) If the copy is not ready and the applicant does not appear on the date fixed, notice of the next date fixed for the delivery of copy shall be sent to him by post, if he has deposited the necessary postal charges. If necessary postal charges have not been deposited, it shall be affixed on the notice board of the Court. (iv) When a copy is ready, and the applicant or his authorized agent is present, the copy shall be given to him. If the applicant or his authorized agent is not present, a notice over the signature of the Superintendent, Copying Department, shall be affixed to the notice board notifying that the copy is ready for delivery. If from the date of the fixing of the notice the applicant appears within 3 months, the copy shall, be delivered to him. 29. Destruction of copies which cannot be returned.Where a copy remains undelivered to the applicant for a period of three months after the date of affixation of the notice on the notice board under the next preceding Rule, it/shall be destroyed under the orders of the Deputy Registrar, an entry to that effect being made in the remarks column of the Register of Applications. Where a copy sent to the applicant by post under Rule 896 is received back as undelivered, it shall similarly be destroyed if it is not taken delivery of by the applicant within a period of three months from the date on which it was received

back by the office. 30. Delivery of urgent copies.In the case of urgent applications, copies shall be delivered to the applicant as far as possible not later than the end of the working day next after the day on which the application was presented, provided that the application is in order and the requisite fee has been duly paid. 31. Issue of copies of certain orders the same day.Copies of all orders passed by the Court granting bail or staying proceedings or execution or granting injunction or when so ordered by the Court shall on application and on payment of the prescribed charge be given to the Advocate for the parties on the very day on which such orders are passed and, if this be not possible, on the following day. 32. Sending copies, folios, etc. by post.(1) Where a communication may under this Chapter be sent to the applicant by unpaid post, it may be sent to him by pre-paid post, provided that applicant has previously deposited the necessary postage stamps for the purpose. If the postage stamps so deposited are sufficient to cover registration charges also, such communication may be sent to him by prepaid registered post. (2) Where the postage stamps deposited by the applicant are insufficient for the purpose indicated by him, the copies folios and stamps or communication as the case may be, maybe sent to him in an insufficiently stamped cover. (3) Where the applicant desires that any copies folios and stamps or communication be sent to him under registered cover, but the postage stamps deposited by him are insufficient to cover registration charges, such copies folios and stamps or communication, as the case may be, may be sent to him by ordinary post. (4) Where the postage stamps deposited by the applicant are in excess of requirement, the unused postage stamps shall be returned to him in the same cover. (5) Where any postage stamps cannot be returned to the sender, they may be used as service stamps after being entered in the stock book of service postage stamps. (6) Where an unpaid or insufficiently paid cover is received back undelivered from the Post Office, the amount charged by the Post Office shall be debited under head "Contingencies”. 33. Digitally signed Certified Copy:Any order/judgment that is typed out from any Court Room and also the judgments/orders typed out by the Stenographers using the Word Processor will be automatically available on the main system. After verification and signing of the judgment by the Judge, the Stenographer will transfer all the judgments/orders signed on that day to the Central Server System using the File Transfer Protocol Software. The computer system installed in the Copying Section will be used for generation of printouts of the orders/judgments as copies of the order for information of litigants. Soft copies of the order/ judgment shall be digitally signed using the digital signature of an Officer specifically designated for the purpose. These digitally signed orders/judgments, which are available on electronic media, can be used as certified copies. 34. COPY OF THE ELECTRONIC RECORDS A defect free application for certified copy shall be proceeded with in the

following manner(1) Where a certified copy of a digitally signed judgment or order, transmitted to the main server of the High Court under rule 3 of chapter XVII of these Rules, has been applied for, the Head Copyist shall access the same and where the software indicates that – (a) the judgment or final order has been digitally signed by the corresponding private key and (b) the document has not been tampered with, - the Head Copyist shall take out a print thereof and after completion of formalities, issue the certified copy. (2) Where the certified copy of a judgment or order, stored in the server of the copying section in the portable document file format through the process of scanning has been applied for, the Head Copyist shall take out a print thereof and after completion of formalities, issue the certified copy. 35. ENTRIES OF DATES ON THE COPIES:On every copy the following dates shall be entered:(1) Application received on _____________________ (2) Applicant told to appear on ____________________ (3) Applicant appeared on_________________________ (4) Application (with or without further or correct particulars) sent to Record Room on _______ (5) Application received from Record Room (with record or without Record, and for further or correct particulars if any required) on ________________ (6) Applicant given notice for further or correct particulars on _________________ (7) Applicants given notice for further funds on _________ (8) Notice in Sl.No.(6) or (7) complied with on ____________ (9) Copy ready on ___________ (10) Copy delivered on _______ (11) Court fee realized _______ Copyist Comparer Head Copyist / Authorized official Arrangement, Preservation And Destruction of Records. Section A Civil Cases 1. Division of Record into Parts.Each record in a civil case shall be divided into two parts to be called 'Part A' and 'Part B.' 2. General Index.Each paper, as it is filed, shall be entered in a general index and shall be marked with the letter A or B according to the part to which it belongs. 3. Parts 'A' & 'B' in Supreme Court Appeals.In the case of appeals to the Supreme Court, Part A shall consist of the following papers, namely— (i) General index. (ii) Order sheet. (iii) Application for leave to appeal.

(iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv)

Court's order refusing or granting certificate Formal certificate granting leave to appeal. Security bond and papers relating to cash deposit. Compromise, waiver or confession of judgment. Application for substitution of names and the order passed thereon. Affidavits. One copy of the printed record. Letter forwarding the record to the Supreme Court. Judgment of the Supreme Court. All other orders of the Supreme Court. Any other paper ordered by the Court to be included in Part 'A'. All other papers shall be kept in Part B. 4. Part A & B in Civil Appeals etc.In civil appeals, revisions and miscellaneous cases, part A shall consist of the following papers, namely— (i) General index. (ii) Order sheet. (iii) Memorandum of appeal or application. (iv) Copy of decree or formal order under appeal or revision. (v) Notice with report of service in ex parte cases. (vi) Memorandum of objections under rule 22 or 26 of Order XLI of the Code. (vii) Objection or reply. (viii) Order of remand under rule 25 of Order XLI of the Code. (ix) Copy of findings on issues referred to the lower court for trial under rule 25 of Order XLI of the Code. (x) Application for substitution, addition or striking out of names of parties. (xi) Deposition of a party or witness. (xii) Order imposing a fine upon a witness under rule 12 of Order XVI of the Code. (xiii) Report, proceedings or examination of Commissioner. (xiv) Order of appointment, or removal, of a guardian or next friend. (xv) Documents filed by parties. (xvi) Order impounding a document. (xvii) Affidavits. (xviii) Arbitration agreement. (xix) Award of arbitrator. (xx) Compromise, waiver or confession of judgment. (xxi) Court's judgment or final order along with one copy of the paper book, if any. (xxii) Court's decree. (xxiii) Certificate of return of record. (xxiv) Order of reference to the High Court. (xxv) Certificate of fees paid to Advocates. (xxvi) Any other paper directed by the Court to be included in part A. All other papers shall be kept in part B. 5. Destruction of part A.Part A shall be retained for a period of twelve years from the first day of January following the date of judgment or final order, or where there has been an appeal to the Supreme Court, from the date of communication of the judgment or final order of the Supreme Court and shall then be destroyed excepting (1) general index, (2) judgment with compromise, if any, on which the decree is based, (3) decrees and (4)

unreturned documents. These papers shall be retained permanently. 6. Destruction of part B.With the exception of original translations made in First Appeals which shall be retained for a period of two years, papers in part B shall be retained for a period of one year from the first day of January following the date of judgment or final order, or where there has been an appeal to the Supreme Court, from the date of communication of the judgment or final order of the Supreme Court and then destroyed. 7. Original trials.In suits coming before the Court in the exercise of its ordinary or extraordinary original civil jurisdiction, the procedure prescribed for the preparation, preservation and destruction of records in subordinate civil courts shall be followed.

Section B. Matrimonial and Testamentary Cases. 8. Divisions of Records in parts.The record, in a matrimonial suit or reference or a testamentary case shall be divided into two parts to be called parts A and B. 9. General Index.Each paper, as it, is filed, shall be entered in a general index and shall be marked with the letter A or B, according to the part to which it belongs. 10. Parts 'A' & 'B'.Part A shall consist of the following papers, namely— (a) In matrimonial suits or references— (i) General index. (ii) Order sheet. (iii) Petition or application, (iv) Written statement. (v) Issues. (vi) Statements of parties and witnesses. (vii) Documents filed by parties. (viii) Judgment. (ix) Decrees. (x) Any other paper directed by the Court to be included in part A. (b) In testamentary cases— (i) General index. (ii) Order sheet. (iii) Petition for grant of probate or letters of administration with annexures A and B and copy of the will, if any. (iv) Application including application for appointment or discharge of an executor, or for directions to the executor. (v) Affidavits including affidavit of valuation and affidavits of attesting witnesses. (vi) Caveat. (vii) Objection or written statement. (viii) Issues. (ix) Statements of parties and witnesses. (x) Documents filed by parties.

(xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii)

Judgment. Decree. Security or administration bond, Probate or letters of administration. Inventory. Accounts. Any other paper directed by the Court to be included in part A. All other papers shall be placed in part B. Original wills shall be kept separate in an iron safe, a note to that effect being made against the corresponding entry in the general index. 11. Destruction of papers in Matrimonial cases.In matrimonial suit— (a) Part A shall be retained for a period of forty years from the first day of January following the date of final decision and shall then be destroyed excepting the general index, judgment and decrees, which shall be retained permanently. (b) Part B shall be retained for a period of three years from the first day of January following the date of final decision and shall then be destroyed excepting applications for execution of decree and custody of children and orders of the Court passed thereon, which shall be retained for a period of twenty years. 12. Destruction of papers in Matrimonial References.In Matrimonial References— (a) Part A shall be retained for a period of twelve years from the first day of January following the date of final decree and shall then be destroyed excepting general index and the judgment and decree, which shall be retained permanently. (b) Part B shall be retained for a period of two years from the first day of January following the date of final decree and then destroyed. 13. Destruction of papers in Testamentary cases.In Testamentary cases— (a) Part A shall be retained for a period of forty years from the first day of January following the date of final decision and shall then be destroyed excepting the general index, petition or application, the judgment and decree, probate or letters of administration and the original will, which shall be retained permanently. (b) Part B shall be retained for a period of three years from the first day of January following the date of final decision and shall then be destroyed.

Section C. Criminal. 14. Division of Records into parts.The record in a criminal case shall be divided into two parts to be called part A and part B. 15. General Index.Each paper, as it is filed, shall be entered in a general index, and shall be marked with the letter A or B according to the part to which it belongs. 16. Parts 'A' & 'B'.Part A shall consist of the following papers, namely— (a) in Original trials— (i) General index. (ii) Record of the lower court.

(iii) (iv) (v) (vi) (vii) (viii)

Paper-book. Record of evidence. Commission, the return thereto and depositions. Orders by the presiding Judge. Warrant or other paper returned on execution of sentence. Copy of order, commuting a sentence or suspending the execution thereof or remitting punishment. (ix) Unreturned Exhibits. (x) Any other paper directed by the Court to be included in part A. (b) In appeals, revisions and references— (i) General Index. (ii) Grounds of appeal, application for revision or reference. (iii) Copy of the lower court's Judgment filed. (iv) Notice with report of service, (v) Judgment. (vi) Warrant. (vii) Printed paper book, if any. (viii) Any other paper directed by the Court to be included in part A. (ix) All other papers shall be placed in part B. 17. Destruction of parts A.Part A shall be retained for a period of forty years from the first day of January next following the date of final decision and shall then be destroyed with the exception of the general index and the judgment of the Court which shall be retained permanently. 18. Destruction of part B.Papers in part B shall be destroyed after one year from the first day of January next following the date of the final decision of the case. General. 19. Cases in which there has been an appeal to the Supreme Court.In a case in which an appeal has been filed in the Supreme Court, no paper shall be destroyed until the judgment or final order of that Court is communicated to the Court and the papers shall thereafter be destroyed in accordance with these Rules, the period of destruction being counted as from the first day of January following the date of communication of such judgment or final order. 20. Notice to withdraw documents.A notice shall be fixed up in a conspicuous part of the Court-house stating that documents filed in a case which may be returned having regard to the provisions of rule 9 of Order XIII of the Code or section 294 of the Indian Succession Act, 1925, should be withdrawn as soon as the case has been finally disposed of and that if they are left in Court they will be kept at the risk of the owner. 21. Court-fee stamps to be mutilated.The Record-keeper when putting papers aside for destruction shall mutilate all court-fee stamps affixed to them in such manner as to make it impossible for them to be used again. 22. Papers destroyed to be noted in the index.A note of every record destroyed shall be made at the time of destruction in the general index of each case under the signature of the Record-keeper. 23. Disposal of weeded papers.All weeded documents and papers shall be disposed of in the following manner, namely-

(a) Confidential papers including notes and orders on administrative matters and stamps and court fee labels shall be torn into pieces and burnt in the presence of the Court Officer. (b) All other papers including original documents and certified copies shall be torn across and then sold as waste paper. (c) Spare paper books shall be sold as waste paper without being torn. The proceeds of the sale of waste paper shall be credited to Government.

RAJASTHAN HIGH COURT RULES, 2016 PART I CHAPTER APPLICATIONS FOR DIRECTIONS, ORDERS OR WRITS

(OTHER THAN IN NATURE OF HABEAS CORPUS) UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. 1.1.Form etc: An applications for a direction or order or writ under Article 226 of the Constitution of India, other than writ of habeas corpus, shall be accompanied by an affidavit verifying the facts relied upon. Separate applications should be filed for each individual where interests are not identical even if there is one common order covering several cases and the facts of each case should separately be supported by an affidavit. Provided that more than one such individual can jointly file a single writ petition for each of them paying court fee payable on such application. 1.2.In all matters cognizable by Division Bench or Single Bench filing of additional set of copies dispensed with. 1.3.Matters cognizable by Division Bench: (1) Petition falling within any one or more of the following categories shall be heard by a Division Bench except where the Chief Justice otherwise directs: (a) Public Interest Litigation; (b) Habeas corpus Application, (c) Petition relating to externment or deportation; (d) A petition which a Single Judge has referred to the Chief Justice for placing it before the Division Bench having regard to the importance or complexity of the case. (e) Writ Petitions in which constitutional validity of any Act, Rules or any provisions thereof have been challenged. (f) Any other matter regarding which the Chief Justice has directed to be listed before the Division Bench and (g) Any matter required to be heard by Division Bench under a Statute. (2) An appeal from the Judgment and Order of a Single Judge disposing of an application shall lie to the Division Bench if preferred within thirty days of the date of such Judgment and Order. The Division Bench may condone the delay in filing any appeal, if good and sufficient cause is shown. (3) Petition challenging the final order/judgment passed by Industrial Tribunal, Labour Court, Board of Revenue, Appellate Tribunal of Excise or Custom, Income Tax, Election Tribunal under the Panchayat or Local parties Act. (4) In case of Writ Appeals, the certified copy of the Judgment, authenticated copy under the rules/Writ petition with relevant annexures, copy of affidavit-in-opposition, counter affidavits and all other relevant papers filed by the party concerned Writ Petition from which the Writ Appeal has arisen, must be filed along with the Memorandum of Appeal. 1.5.Service of Notice: Unless the Court sees no sufficient cause to admit the application and rejects it, notice of the application shall be served on all persons directly affected by the application and, where the application relates to any proceedings in or before a court and the object is either to compel the Court or an Officer thereof to do will be sufficient on the parties represented by them for the purpose of this rule. 1.6.Notice to be redirected: Notice of the Government Servant, instead of being sent back by the office of such employee to the Court with the report that the official is no longer at the given address, the same should be redirected to the new station of posting to the official concerned. 1.7.Dismissal in limine: While dismissing a Writ Petition in limine, one word order “dismissed” should be avoided. 1.8.(I) Fresh notice and filing of counter affidavit etc: If at the hearing of the application the Court is of opinion that any person who ought to have been served with notice of the application has not been so served, the Court may order that notice may also be served on such person and adjourn the hearing upon such terms, if any,as the Court may direct.

Every notice under this or the preceding rules shall be accompanied by copies of the application and the affidavit. (1.1.1.ii) Counter-affidavits in such matters shall be filed with the registry of the Court by the opposite party within time allowed by the Court, and if no time limit given within 14 days from the date of service of notice, and an affidavit-inreply should be filed by the applicant within time allowed by the Court, and if not time limit given within 7 days from the date of service of the counteraffidavit on him by the opposite party, failing which such affidavit shall not be considered in evidence unless one is filed with the special leave of the Court. Provided that in returnable cases, subject to any special orders of the Court, counter-affidavits shall be filed at least four days prior to the returnable date and the petitioner shall file his replication, if any, within two days thereafter. 1.9.Cost etc: The Court may, before issuing notice of the application, impose upon the applicant such terms as to costs or the giving of security as it may think fit. 1.10. Court may allow third party to be heard: At the hearing of the application, any person who desires to be heard in opposition to the application and appears to the Court to be a proper person to be heard, may be heard not withstanding that he has not been served with notice under Rule ---- or Rule ----. 1.11. Following requisites are required to be complied with:(1) Specify relevant facts of the case and the impugned order; (2) Specify grounds that may be urged before the Court; (3) Relevant provisions of law that may be relied upon; (4) The authorities that may be cited; and (5) Mention, if, the case is covered by any decision of the High Court of judicature for Rajasthan or the Supreme Court or any other High Court. 1.12. If statutory remedy is available: In any petition under these rules, the petitioner shall state whether any other remedy for the redress he is seeking has been provided for by or under any other law for the time being in force. 1.13. (I) Any application for a direction or order or writ under 226 of the Constitution a prayer is made for stay or interim direction in which substantial question of law of any public importance is involved and the court decides to issue notice, the notice to show cause for final decision be given for deciding the petition on a fixed date. Prior to that date the parties to the petition shall exchange the written reply and rejoinder on or before the dates fixed for this purpose by the Registry. Any interim stay granted shall continue up to date fixed for final hearing and shall automatically stand vacated, if, the direction given above are not followed. (ii) The decision of the Court, if, any substantial question of law is involved or not shall be final. 1.14. Vacation of stay order: Where an interim order whether by way of an injunction or stay in any other manner is made without(I) furnishing copy of the petition and all document in support of the plea for such interim order to the party against whom it is made; and (ii) giving such party an opportunity of being heard. The party affected may make an application to the High Court for vacation of such interim order. 1.15. Copy of Stay vacation application to be furnished to opposite party: Copies of the application and all documents in support of the Plea for vacation shall be furnished to the party in whose favour such an order has been made or the counsel of such party. Stay granted in the application not covered under the procedure laid down in 1.16. Rule ------, is to be decided within two weeks. The application shall be disposed of by the High Court covered under clause (3) of Article 226 of the

Constitution of India within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later or where the High Court is closed on the last day of that period before the expiry of the next day afterwards on which the High Court is open. 1.17. When stay shall stand vacated: If the application is not disposed of as stated in Rule --------, the interim order may on the expiry of that period or as the case may be, on the expiry of the said next day,shall stand vacated. 1.18. Who can move application: An application under these rules shall be made by an advocate or by the party personally. 1.19. Evidence in the form of affidavit: All question arising for determination under these rules shall be decided ordinarily upon affidavits, but the Court may direct that such question as it may consider necessary be decided on such other evidence as it may deem fit. Where the Court orders that certain matters in controversy between the parties shall be decided on such evidence, the procedure prescribed in the Code of Civil Procedure, 1908 for the trial of suits shall, so far as applicable be followed. 1.20. Costs etc at the time of disposal: In disposing of an application under these rules, the Court may make such orders as to costs as it may consider just. 1.21. Recovery of costs: (1) Any party to a proceeding under Act 226 of the Constitution of India desiring to obtain execution of the order relating to cost awarded in such proceedings shall apply to the Court by a petition. (2) The Court, thereupon, shall direct the party against whom the costs are awarded to deposit the amount in Court within such time as it deems fit, and upon his failure to deposit the amount within the prescribed period, the Court shall order issue of a certificate for the recovery of costs and may also include the costs of the proceedings before it. (3) The certificate shall be issued under the signature of the Deputy Registrar and seal of the Court and shall be executable as a decree of the Civil Court. (4) The certificate shall be executable by the District Judge of the District in which the party from whom the costs are to be recovered actually resides or carries on business or work for gain or has some property. (5) The Court to which the certificate is issued shall execute it as a decree received on transfer for execution from another Court. (6) The form of the certificate shall be as prescribed in rules. (7) In the absence of any special direction in the judgment, such costs shall be deposited in, and withdrawn from, the Accounts Department of this Court. 1.22. Contents of the application: The statement of the application shall divided into paragraphs, setting out the facts chronologically which have given rise to the cause of action and then the prayer (both for final relief and interim relief in any) showing the nature of the order sought and against whom it is sought. Note:- Every application shall have an index referring seriatim to application, affidavit, and each annexure and furnishing the number of the page at which application, affidavit and each annexure commences. And a brief synopsis of writ petition (properly known as ' first of …...) with a statement of law which is required to be decided by the Court.