UNIT – 1

THE SUPREME COURT RULES, 1966

In exercise of the powers conferred by Article 145 of the Constitution, and

all other powers enabling it in this behalf, the Supreme Court hereby
makes, with the approval of the President, the following rules, namely
“THE SUPREME COURT RULES, 1966”. These rules may be cited as the
Supreme Court Rules, 1966.

Order I
Important Definitions (2):
2. (a) ‘advocate’ means a person whose name is entered on the roll of
advocates prepared and maintained by a State Bar Council under the
Advocates Act, 1961 (25 of 1961).
2. (b) ‘advocate on record’ means an advocate who is entitled under
these rules to act as well as to plead for a party in the Court.
2. (k) ‘judgment’ includes decree, order, sentence or determination of
any Court, Tribunal, Judge or Judicial Officer.
(2) (q) ‘Senior advocate’ means any advocate so designated under
subsection (2) of section 16 of the Advocates Act, 1961 (25 of 1961), and
all such advocates whose names were borne on the roll of the senior
advocates of the Court immediately before the commencement of Chapter
III of the Advocates Act, 1961.

ORDER X
DOCUMENTS

1. The officers of the Court shall not receive any pleading, petition,
affidavit or other document, except original exhibits and certified
copies of public documents, unless it is fairly and legibly written,
type-written or lithographed in double-line spacing, on one side of
standard petition paper, demy-foolscape size, 1[or of the size of
29.7 cm x 21 cm], or paper which is ordinarily used in the High
 Courts for the purpose. Copies filed for the use of the Courts shall
be neat and legible, and shall be certified to be true copies by the
advocate on record, or by the party in person, as the case may be.
2. No document in language other than English shall be used for the
purpose of any proceedings before the Court, unless it is
accompanied by:
(a) a translation agreed to by both parties; or
(b) a translation certified to be true translation by a translator appointed
by the Court; or
(c) the said document is translated by a translator appointed or approved
by the Court.
Explanation: The provisions of this rule shall, so far as may be, apply
also to a document in English of which a part is in a language other than
English.
3. Every document required to be translated shall be translated by a
translator appointed or approved by the Court:
Provided that a translation agreed to by both parties, or certified to be a
true translation by the translator appointed or approved by the Court,
may be accepted.
4. Every translator shall, before acting, make an oath or affirmation
that he will translate correctly and accurately all documents given
to him for translation.
5. All plaints, petitions, applications and other documents shall be
presented by the plaintiff, petitioner, applicant, appellant,
defendant or respondent in person or by his duly authorised agent
or by an advocate on record duly appointed by him for the purpose:
Provided that a party, who had been adjudged to be an indigent person
for the purpose of the proceedings in the courts below, may present the
document before the Judicial authority of the place where the said party
resides, and the said Judicial authority after attesting the document and
endorsing thereon under his seal and signature the date of presentation,
shall transmit the same to the Court by registered post,
acknowledgement due at the expense of the party concerned. The date of
presentation in this Court of the said document shall be deemed to be the
date endorsed thereon by the said Judicial authority.
6. (1) All plaints, petitions, appeals or other documents shall be
presented at the filing counter and shall, wherever necessary, be
accompanied by the documents required under the rules of the
Court to be filed along with the said plaint, petition, or appeal.
Provided that a plaint, petition or appeal not presented at the filing
counter by the petitioner or by his duly authorised Advocate-on-Record
shall not ordinarily be accepted, unless as directed by the Chief Justice of
India or a Judge nominated by the Chief Justice of India for this purpose.
(2) On receipt of the document, the officer in-charge of the filing
counter shall endorse on the document the date of receipt and enter the
particulars of the said document in the register of daily filing and cause it
to be sent to the department concerned for examination. If, on a scrutiny
the document is found in order, it shall be duly registered and given a
serial number of registration.
(3) Where a document is found to be defective, the said document
shall, after notice to the party filing the same, be placed before the
Registrar. The Registrar 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, the
Registrar 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 to
the party concerned, such time as may be necessary but not exceeding
twenty eight days in aggregate.
(4) Where the party fails to take any steps for the removal of the
defect within the time fixed for the same by the Registrar, the Registrar
may, for reasons to be recorded in writing, decline to register the
document.
(5) Any party aggrieved by any order made by the Registrar under
this Rule may, within fifteen days of the making of such order, appeal
against it to the Judge in Chambers.
7. The Registrar may on an application by the party interested, order the
return of a document filed in a suit, appeal or matter if the person
applying there for delivers in the office a certified copy thereof to be
substituted for the original.
8. (1) Except as otherwise provided by these rules or by any law for the
time being in force, the Court-fees set out in the Third Schedule to these
Rules shall be payable on the documents mentioned therein, and no
document chargeable with a fee under the said Schedule shall be received
or filed in the Registry unless the fee prescribed has been paid on it. No
copy of a document shall be furnished to any person unless the fee
prescribed there for has been paid.
Provided, however, that no Court fees or process fee or copying fee shall
be chargeable in respect of matters filed in this Court through the
Supreme Court Legal Services Committee.
(2) All fees referred to in sub-rule (1) shall be collected in Court fee
stamp sold in Delhi in accordance with the provisions of the Court-Fees
Act as in force in the Union Territory of Delhi.
(3) No document chargeable with a Court-fee shall be acted upon in any
proceedings in this Court until the stamp thereon has been cancelled. The
officer receiving the document shall forthwith effect such cancellation by
punching out the figure head so as to leave the amount designated on the
stamp untouched and the part removed by punching shall be burnt or
otherwise destroyed.
(4) Whenever a question of the proper amount of the Court-fees payable
is raised, the Registrar or the Taxing Officer of the Court shall decide such
question before the document or the proceeding is acted upon in the
Registry and whenever it is found that due to a bona fide mistake the
Court-fee paid is insufficient the Registrar shall call upon the party
concerned to make good the deficiency within such time as the Registrar
may think reasonable but not exceeding three months in any case.
(5) In case the deficiency in the Court-fee is made good within the time
allowed, the date of the institution of the proceeding shall be deemed to
be the date on which the proceeding was initially instituted.
(6) The Registrar may in a proper case on an application made by the
party issue a certificate regarding any excess Court-fee paid under a
mistake.
9. (1) The levy and collection of Court-fees under these rules shall be
under the general superintendence of the Registrar of the Court who may
be assisted in his supervision by the Assistant Registrars of the Court.
(2) Where at any time during the course of the pendency of a suit, appeal
or proceedings, or even after the conclusion of such a proceeding it
appears to the Registrar or the Taxing Officer that through mistake or
inadvertence, a document which ought to be stamped in a certain manner
has been received and acted upon without its being stamped or that the
Court-fee paid thereon initially was insufficient, the Registrar or the
Taxing Officer shall record a declaration to that effect and determine the
amount of deficiency in Court fee:
Provided that no such declaration shall be made until the party liable to
pay the Court-fee has had an opportunity of being heard.
(3) When a declaration has been recorded under sub-rule (2) and if that
relates to a matter pending before the Court the procedure prescribed by
sub-rule (3) shall be followed; if it relates to the proceedings which have
already been disposed of the Registrar shall, if the deficiency is not made
good within three months of the declaration made, forward a requisition
for the recovery of the same to the Central Government which shall
recover the amount of such Court-fee from the person liable to pay the
same as if it were an arrear of land revenue.

SPECIAL LEAVE PETITIONS:

Special Leave Petitions (SLP) in India holds a prime place in the Judiciary
of India, and has been provided as a "residual power" in the hands of
Supreme Court of India to be exercised only in cases when any
substantial question of law is involved, or gross injustice has been done.

The Constitution of India under Article 136 vests the Supreme Court of
India with a special power to grant special leave, to appeal against any
judgment or order or decree in any matter or cause, passed or made by
any Court/tribunal in the territory of India.

This is special power, bestowed upon the Supreme Court of India which is
the Apex Court of the country, to grant leave to appeal against any
judgment in case any substantial constitutional question of law is
involved, or gross injustice has been done.

"Special leave petition or SLP hold a prime place in the Indian judicial
system. It provides the aggrieved party a special permission to be heard
in Apex court in appeal against any judgment or order of any
Court/tribunal in the territory of India.

Special Leave petition or SLP can be presented under following

circumstance:

 SLP can be filed against any judgment or decree or order of any

High Court /tribunal in the territory of India.
 Or, SLP can be filed in case the High court refuses to grant the
certificate of fitness for appeal to Supreme Court of India.

Time frame within which SLP can be filed:

 SLP can be filed against any judgment of High Court within 90 days
from the date of judgement.
 Or SLP can be filed within 60 days against the order of the High
Court refusing to grant the certificate of fitness for appeal to Supreme
Court.

Who can file SLP:

Any aggrieved party can file SLP against the judgment or order of refusal
of grant of certificate.

Contents of SLP:

This petition is required to state all the facts that are necessary to enable
the court to determine whether SLP ought to be granted or not. It is
required to be signed by Advocate on record. The petition should also
contain statement that the petitioner has not filed any other petition in
the High court.

It should be accompanied by a certified copy of judgement appealed

against and an affidavit by the petitioner verifying the same and should
also be accompanied by all the documents that formed part of pleading in
Lower court.

The scope of power vested with the Supreme Court of India under Article
136:

The constitution of India vest "discretionary power" in the Supreme Court

of India. The Supreme Court of India may in its discretion be able to grant
special leave to appeal from any judgment or decree or order in any
matter or cause made or passed by any Court/tribunal in the territory of
India. The Supreme Court of India may also refuse to grant the leave to
appeal by exercising its discretion.

An aggrieved party from the judgment or decree of high court cannot

claim special leave to appeal as a right but it is privilege which the
Supreme Court of India is vested with and this leave to appeal can be
granted by it only.

An aggrieved party can approach the Apex Court under Article 136 in case
any constitutional or legal issue exists and which can be clarified by the
Supreme Court of India. This can be heard as civil or Criminal appeal as
the case may be.
 THE SUPREME COURT RULES, 1966
1[NO. 28
IN THE SUPREME COURT OF INDIA
[Order XVI, rule 4(1)(a)]
CIVIL APPELLATE JURISDICTION
SPECIALLEAVE PETITION
(Under Article 136 of the Constitution of India)

S.L.P. (Civil) No.................... of..............

BETWEEN Position of parties

In the Court / In this Court

Tribunal from
whose Order the
petition arises

(A) (Here insert the Petitioner / Petitioner

name /names of the petitioner Respondent/
Appellant

(B)

(C)

AND

(D) (Here insert the name/ Petitioner/ Respondent

names of the Respondent Respondent/
Appellant

(E)

(F)

To
Hon’ble the Chief Justice of India and His Companion Judges of the
Supreme Court of India.
The Special Leave Petition of the Petitioner most respectfully showeth:
1. The petitioner / petitioners above named respectfully submits this
petition seeking special leave to appeal against the judgment/order of
(Here specify the Court / Tribunal against whose order the leave to appeal
is sought for together with number of the case, date of the order and
nature of the order such as allowing or dismissing the matter or granting
or refusing the interim order, etc.)
2. QUESTIONS OF LAW:
The following questions of the law arise for consideration by this Hon’ble
Court:
(Here set out the questions of law arising for consideration precisely)
3. DECLARATION IN TERMS OF RULE 4(2):
The petitioner states that no other petition seeking leave to appeal has
been filed by him against the impugned judgment and order.
4. DECLARATION IN TERMS OF RULE 6:
The petitioner states that no other petition SLP are true copies of the
pleadings/documents which formed part of the records of the case in the
Court / Tribunal below against whose order the leave to appeal is sought
for in this petition.
5. GROUNDS:
Leave to appeal is sought for on the following grounds.
(Here specify the grounds precisely and clearly)
6. GROUNDS FOR INTERIM RELIEF:
(Here specify briefly the grounds on which interim relief is sought for)
7. MAIN PRARYER:
(Here set out the main prayer)
8. INTERIM RELIEF:
(Here set out the interim prayer)
Place: Advocate for the petitioner
Date:
Settled by:
(Specify the name of the Advocate in case where the petition is settled by
an advocate).

JAMMU AND KASHMIR HIGH COURT RULES, 1999

In exercise of the powers conferred by section 102 of the Constitution of

Jammu and Kashmir read with section 67 of the Jammu and Kashmir
Constitution Act, 1996 (XIV of 1996), section 122 of the Code of Civil
Procedure, Samvat 1977 (X of 1977), section 8 of the Jammu and
Kashmir State Civil Courts Act, Samvat 1977 and Clause 26 of the Letters
Patent (Jammu and Kashmir) and all other powers enabling it in this
behalf, the High Court of Jammu and Kashmir with the previous approval
of the Governor, has made the rules.
These rules may be called the Jammu and Kashmir High Court Rules,
1999. These rules are treated as special laws and can be enforced," They
shall apply to all proceedings and matters in the High Court commenced
on and after the said date and shall also apply as far as may be
practicable, to all proceedings taken on and after the said date in all cases
and matters then pending in the High Court.

OFFICERS OF THE COURT

Rule 14 provides that the Registrar shall have the custody of the records
of the Court and shall exercise other functions as are assigned to him by
these Rules or may be assigned to him by the Chief Justice.

Rule 15 - Powers and functions of the Registrar:

Powers of the Registrar - The powers of the Court in relation to the
following matters under its original and extraordinary jurisdiction may be
exercised by the Registrar:
A. Judicial:
(a) Civil:
i. To receive plaint, petition, appeal or any other application,
issue notice or fix date for the filing of the written statement,
or objections, Counter etc. in a proceeding under the original
or extraordinary jurisdiction of the Court or as may be
directed by the Court;
ii. To transfer all suits for recovery of money to the competent
subordinate courts;
 iii. Applications to amend the plaint, petition or subsequent
proceedings where the amendment sought is formal. Where
the plaint, petition or subsequent proceedings have not been
placed before the court the Registrar may entertain and
dispose of application for all types of amendments;
iv. Applications for issuance of commissions to examine
witnesses;
v. Attachment of property of absconding witnesses;
vi. Applications for leave of the Court to file a plaint when such
leave is necessary;
vii. Applications under Order 1Rule 8 (i) of the Code for leave to
sue or defend on behalf of or for the "benefit of all having the
same interest;
viii. Applications for the admission or appointment of a next friend
or guardian ad-litem of a minor or a person of unsound minor
next friends or guardians ad-litem;
ix. Applications for fresh summons or notice and for short date
summons and notice;
x. Applications for orders regarding issue of summons or notices
and regarding service thereof;
xi. Applications for orders for substituted service or summons or
notice;
xii. Applications for transmission of process for service to another
course;
xiii. Applications for permission to withdraw any suit, petition or
an application except public interest litigation;
xiv. Application for leave to file further or additional written
statements, objections, counter etc.;
xv. Applications for return of documents under O. XIII Rule 9 (i)
of the Code; and applications for return of exhibits;
xvi. Applications for "orders for discovery and for orders
concerning admission, production and inspection of
documents;
 xvii. Applications for leave to deliver interrogatories; ,
xviii. Applications for orders for the transmission of a decree with
prescribed certificate, etc.;
xix. Applications for the execution of a document or for the
endorsement of a negotiable instrument under O. XXI Rule 34
of the Code;
xx. Applications for examination of judgement debtors as to his
property under O.XX. Rule 41 of the Code;
xxi. Applications for discharge from custody for the non-payment
of subsistence money;
xxii. Applications falling under section 152 of the Code;
xxiii. Application for leave under O. XXI, Rule 50, sub-rule (2) of
the Code, except where liability is disputed;
xxiv. Applications for the issue of proclamations of sale under rule
66 and for direction as to the publication thereof under Rule
67 of O.XXI of the Code;
xxv. Applications for possession under O. XXI Rules 95 and 96 of
the Code;
xxvi. Applications for special direction to the officer concerned as to
the service or execution of any process of the Court;
xxvii. Applications for orders for withdrawal of attachment or for
return of a warrant;
xxviii. Applications for orders for payment of money realised in
execution or otherwise deposited in court including
uncontested applications to share the assets realised under
section 73 of the Code;
xxix. Summoning witnesses and taking proceedings against them
for failure to comply therewith as provided in Order 16 of the
Code;
xxx. Applications for extension of time under O. XXVII Rule 7 of
the Code or by a party in default for further time to file
written statement or affidavit or documents;
 xxxi. Applications for statement of names and disclosures of
partners addresses and residence under O. XXX Rule 1 and 2
of the Code;
xxxii. Applications for orders requiring a party to a suit or matter to
produce and leave with the Registrar any document not in the
English language in his possession for the purpose of being
officially transplanted;
xxxiii. Applications for orders for the production of records or
documents, or accounts filed in such records before any other
court;
xxxiv. Applications for the issue of a precept to another court for the
production of a record of such court or of notice of summons
to a public record or register;
xxxv. Applications to send decree and orders passed in the court in
exercise of its original ordinary jurisdiction to other court for
execution;
xxxvi. Applications for production, inspection of a will or a copy
thereof;
xxxvii. Applications under order XXII of the Code for bringing on
record the legal representatives of a deceased party:
Provided that no order of substitution or reviver shall be made by
Registrar:-
(i) where a question arises as to whether any person is or is not a legal
representative of the deceased party; or
(ii) whether a question of setting aside the abetment of the cause is
involved in such case the Registrar shall after making an enquiry place
the matter with his report and the findings before the appropriate Bench
of the Court;
xxxviii. Applications for enlargement or abridgment of time except
where time is fixed by the Court;
xxxix. Applications for confirmation of sale and certificate of sale to
purchaser of immovable property;
 xl. Other interlocutory applications directed by the Judge hearing
the case to be placed for disposal before the Registrar, and
such other applications as by these Rules directed to be so
disposed of, but not included in this Rule;
xli. Applications for particulars;
xlii. Applications for further and better statement of particulars
under Rule 5 of Order VI of the Code;
xliii. Applications for better statement of claim or defence;
xliv. Any matter which in accordance with orders or directions
issued by the Court is required to be dealt with by the
Registrar.

(b) Criminal:
i. Power to sign complaints under the proviso to section 476(1)
of the Code;
ii. To issue notice to parties in criminal reference.

(c) Appellate:
i. To issue notices on an application for probate or Letters of
Administration or for revocation of the same;
ii. To dispose of all matters relating to the service of notices, or
other processes1including substituted service, except the
powers to dispense with service on proforma respondents;
iii. To appoint or discharge a next friend or guardian ad-litem of
a minor or person of unsound mind except in case under
appeal to the Supreme Court and to amend the record
accordingly;
iv. To receive and dispose of an application under Order XXII
Rules 2, 3 and 10 of the Code of Civil Procedure, and to
amend the record, if necessary, except in cases under appeal
to the Supreme Court;
v. To receive and dispose of an application under Order XLI Rule
10 of the Code of Civil Procedure;
 vi. To receive an application under Order XLV Rule 16 of the
Code of Civil Procedure and to issue notice thereon;
vii. To require any person or party to file an affidavit with respect
to any application or matter in respect of which he has power
to exercise any discretion or to make any order;
viii. To call for a further deposit 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;
ix. To order payment of the interest accruing on Government
Promissory Notes deposited under Order XLV Rule 7of the
Code of Civil Procedure and to order to refund of any
unexpanded balance under Order XLV Rule 13;
x. To grant time for making up deficiency in court fees in cases
referred to him as Taxing Officer under section 5 of the Court
Fees Act. No application for extension of the time will be
refused without the orders of the Court:
Provided that the Registrar may refer any matter under this rule to the
Court for orders.

B. ADMINISTRATIVE:

1. To sign all routine letters, conveying orders passed and asking for
information’s required to complete cases for submission to the Chief
Justice provided that matters of urgent nature shall be brought to
the notice of the chief justice;
2. To sign all pay, travelling allowance and contingent bills of office
establishment and to pass orders for r contingent expenses within
the limit of - 5000/-;
3. To prepare the agenda for the Meeting of the Judges as directed by
Chief Justice and record the proceedings of such meeting;
4. To scrutinize the preparation of record for the Supreme Court;
5. To prepare the budget; and
 6. To sanction advances from G. P. Fund in the case of Non-gazetted
staff of the Court.

Rule 16 provides that all applications except those in which urgent ex

parte orders are sought, will be placed before the Registrar in the first
instance. He will dispose of such of them as he is empowered to do and as
regards the rest may call for replies and rejoinders and take such other
steps as are necessary to make them ready for hearing, before listing
them before the Court.

Rule 17 provides that an appeal against the Registrar's orders Any

person aggrieved by any order made by the Registrar under Rule 15may
within 15 days of the making of such order, appeal against it to the
appropriate Bench. The appeal shall be in the form of a petition bearing
court fee stamp of the value of Rs. 5/-.

Rule 18 provides that the Registrar shall be deemed to be performing

judicial or quasi-judicial function within the meaning of section 128 (2) (i)
of the Code of Civil Procedure when exercising powers referred to in rule
15(A) above and the proceedings shall be subject to revision by a Single
Judge on the motion of the party aggrieved.

Rule 19 provides that the Registrar may exercise all the powers of a
Court under section 151 of the Civil Procedure Code in respect of his own
judicial or quasi-judicial orders.

Rule 20 Delegation of the Registrar's powers:

The Chief Justice may assign and the Registrar may, with the approval of
the Chief Justice delegate to any officer of the Registry any power or
function required by these rules to be exercised or performed by the
Registrar.
CAVEATS – RULE 26

(1) Where an application is expected to be made or has been made, in

petition or proceedings instituted, or about to be instituted in the Court,
any person claiming a right to appear before the Court on the hearing of
such petition/ application may lodge a caveat.
All such Caveats lodged shall be entered in the Register maintained for
the purpose.
(2) Where a Caveat has been lodged under sub-rule (1), the person by
whom the caveat has been lodged (hereinafter referred to as the
caveator) shall serve a notice of the caveat by registered post,
acknowledgment due, on the person by whom the petition has been or is
expected to be made under sub-rule (1). Receipt of the registered post
shall be filed along with such caveat.
(3) Where, after a caveat has been lodged under sub-rule 1, any petition
or application is filed the Registry shall serve a notice of the petition or
application on the Caveator,
(4) Where a notice of any Caveat has been served on the petitioner, he
shall forthwith furnish the Caveator, at the Caveator's expense, with copy
of the prtition/application made by him and also with copies of any paper
or document which has been or may be, filed by him in support of the
petition/ application.
(5) When the petition/ application is fixed in the court, the cause list for
the same shall show the name of the parties/ Advocate filing the caveat.
The caveat shall also be listed along with the petition/ application.
(6) Where a caveat has been lodged under sub-rule (I), such caveat shall
not remain in force after the expiry of ninety days from the date on which
it was lodged unless the petition/ application referred to in sub-section
has been made before the expiry of the said period.

Explanation - For the purpose of this rule 'Petition' shall mean any writ
petition, appeal, revision, reference or petition for review.