SINDH CHIEF COURT RULES (APPELLATE SIDE)

Transcription

1 SINDH CHIEF COURT RULES (APPELLATE SIDE) CONTENTS G E N E R A L CHAPTER I Preliminary PART I 1. Short title 2. Commencement and repeal 1 3. Definitions CHAPTER II Sitting, Office Hours, Vacations and Holidays 4. Sittings 5. Office hours 6. Vacation 7. Court holidays PART II EXERCISE OF APPELLATE JURISDICTION CHAPTER III Constitution and Powers of Benches Division Court 8. Jurisdiction ordinarily exercised by Division Court of two Judges Single Judge 9. Matters disposed of by a single Judge 10. Matters which by order of the Chief Judge may be disposed of by a single Judge 11. Appeals, etc. involving questions of law referred to in S.205, Government of India Act, 1935, to be heard by Division Court Full Bench 12. Composition of Full Bench CHAPTER IV

2 Powers of the Registrar, Appellate Side, and the Deputy Registrar 13. Powers and duties of Registrar in connection with admission. 14. Application of rule 13 to applications 15. Application which may be disposed of by Registrar 16. Other powers of Registrar 17. Delegation of powers by Registrar to Deputy Registrar 18. Revision of orders of Registrar and the Deputy Registrar 19. Powers under S.152, Cr.P.C. PRACTICE AND PROCEDURE CHAPTER V General Forms of Proceedings 20. Title of appeals and applications 9 Institution of Proceedings PART III 21. Joinder of parties in criminal appeal or application 22. Application for transfer to be supported by affidavit 23. Copy of Judgment or order to accompany application for revision 24. Copies of decrees, etc., of lower Courts to accompany second appeals and civil revision applications 25. Copies of Judgments to accompany appeals against acquittals and criminal revision applications 26. Appeal or application after limitation to be accompanied by petition and affidavit explaining delay 27. Typed copies of appeals and applications to be furnished by parties 28. Registrar to dispense with the copies of the judgment in subsequent appeals by coaccused 29. When copies in other cases may be dispensed with 30. All proceedings on Appellate Side to be presented to Deputy Registrar. 31. Course to be followed when certain affidavit and copies not filed 32. Return of papers to parties when registration refused 33. Registers to be kept Procedure on Admission 34. Notice to Advocate-General or Public Prosecutor and District Magistrate in criminal appeals and revisional applications 35. In what matters advocates appointed at Government cost 36. Form of warrant. 37. Calling for records from lower Courts in interlocutory matters 38. Process fee when to be ordinarily paid to the Nazir. After expiry of time not to be received without order. Effect of failure to pay

3 39. Time for filing objections after receipt of lower Court s finding on issues sent down Dates and Cause-List 40. Hearing of appeals and applications-fixing of dates 41. Cause-list 42. Duties of Sheristedars on Appellate Side General 43. Practice and procedure on Original Side to apply to Appellate Side CHAPTER VI Appeals under Section 14 (2) of the Act 44. Limitation 45. Form 46. Appeal fixed for final hearing before a Division Court without summary hearing 47. Vakalatnama 48. Rules 5 and 6 of order XLI made applicable CHAPTER VII Reviews, Revisions and References 49. Application for review 50. Notification of day for hearing 51. When revisional application not entertained 52. Cases to be forwarded to the Registrar 53. Number and Title to be entered in a Register 54. Date appointed for hearing to be notified 55. Copy of the Judgment to be sent Limitation CHAPTER VIII 56. Time for applications for exercise of Civil Jurisdiction 57. Time for application by Government for exercise of Criminal Jurisdiction in revision 58. Court may excuse delay 59. Time for revision of order of Registrar, etc CHAPTER IX Preparation of Paper-books Civil

4 60. Papers which must be included in paper-book 61. Other papers may be included on appellant filing list 62. Appellant to make application for translation 63. Respondent s list 64. Form of application for translation 65. Any party entitled to inspect the list 66. When respondent may apply for inclusion of any paper at the cost of the appellant 67. Accounts, etc., not to be prepared in full 68. Procedure regarding objection to inclusion of document 69. Deposit of costs estimated 70. Deposit of additional Amount 71. If respondent s list not filed paper-book prepared according to appellant s list or under rule 72. No extension of time except on application in writing 73. Consequences of default in making deposit, etc 74. Procedure on respondent applying for inclusion of papers in paper-books subsequently 75. Paper-book to consist of typewritten copies 76. Number of copies to be typed 77. Rules 61 to 75 apply to civil revisional applications 78. Preparation of paper-book if appeal dismissed under rule 73 and cross-objections not withdrawn CRIMINAL Cases involving Capital Sentences 79. Printing of record 80. Copy to be supplied free to defence advocate Other Appeals, References and Revisions 81. Paper-book in appeals 82. Paper-book in miscellaneous appeals and applications 83. Costs 84. Number of copies to be fixed by Registrar 85. Two copies of printed book and two copies of judgment to be sent to Government if death sentence confirmed Session Appeals 86. Paper-book in sessions appeal 87. Copies to be typed General 88. Paper-book to be bound and paged

5 CHAPTER X Privy Council and Federal Court Appeals Appeals to the Privy Council 89. Form 90. Mode of service of notice under Order XLV, rule Security for costs 92. Security under proviso to Order XLV, rule 7 (1) 93. Deposit of expenses of transcript 94. Size and style of printing 95. Contents and preparation of transcript 96. Documents in vernacular to be translated 97. Failure to furnish security for costs 98. Scale of fees 99. Application for transmission or original documents 100. Practice as to translations and paper-books 101. Procedure on delay in the preparation of transcript 102. Appeals by special leave Appeals to the Federal Court Which Bench to hear applications under S.205-Procedure after grant of certificate PART IV RECORDS CHAPTER XI Preservation and Destruction of Records RECORD KEEPER 104. Decided matter to be sent to record keeper 105. Duties of Record Keeper 106. Arrangement of records of decided matters 107. Register of Requisitions for Records 108. Removal slip 109. Plan of record room 110. Duties of the Librarian DESTRUCTION OF RECORDS General 111. Records to be permanently preserved 112. Period for destruction of other record Civil Records - APPELLATE SIDE

6 113. What record on Appellate Side to be permanently preserved 114. Other record on Appellate Side to be destroyed Criminal Records SESSIONS JURISDICTION 115. Destruction of record of committal proceedings APPELLATE SIDE 116. What record on Criminal Appellate Side to be permanently preserved 117. Criminal returns when to be destroyed 118. Other records when to be destroyed Procedure 119. Making of documents to be permanently preserved 120. Useless records to be destroyed once a year 121. Applications for return of documents to be made early 122. Method of destroying useless records Copies CHAPTER XII 123. Copy not to be made without order 124. Contents of application 125. Application by stranger 126. Who may grant copies and of what record 127. Registration of application and estimate of copying and other fees 128. Preparation of copies not commenced until prescribed fees deposited 129. Procedure when amount deposited insufficient 130. Section-writers to make copies 131. Copies how made 132. Copies to be compared before certified 133. Copies how certified 134. Cancellation of Court-fee stamps on certified copies before issue 135. Posting of list of copies ready for delivery 136. Uncertified copies may be certified 137. Refund 138. Head Copyist responsible for safe custody of record 139. What accounts to be maintained re copying and comparing fees a Distribution of Fee 140. Registrar includes Registrar (O.S.)

7 Translations CHAPTER XIII 141. Official translation alone admissible 142. Reader to attend when document not in Arabic-Sindhi, Gujrati or Urdu 143. Procedure when documents are required to be transcribed in another character before translation 144. Affidavit by reader 145. Statement to be added to transcript 146. Translation from dictation of reader when inadmissible in evidence 147. If transcript is incorrect, costs of fresh translation 148. When matter to be referred to Court 149. When documents are to be sent in for translation. On failure costs may be disallowed 150. Application for translation to state date of hearing 151. Private translation prohibited 152. Consequence of default in payment of fees 153. Sanction for immediate translation 154. Translation of entry in lieu of copy 155. Oath or affirmation to Translator 156. Duties of Head Translator 157. Form of Register of applications for translations 158. Estimate of cost and payment thereof to be made before translation made 159. Checking of translations 160. Copies of translations to be made by sectional-copyists 161. Provisions of Chapter XII apply Inspection CHAPTER XIV 162. Inspection allowed only on application in writing 163. Application by stranger 164. Inspection before R.K. during office hours 165. Copies of extracts not to be taken 166. Registrar to include Registrar, O.S CHAPTER XV PART V Administrative Business 167. Chief Judge to be incharge of administrative business 168. All administrative business to be submitted to the Chief Judge 169. Matters on which all Judges to be consulted 170. Registrar to be incharge of office administration 171. No Court officer to be receiver or guardian without previous sanction 172. No officer of Court to be a surety and no advocate or officer to be bail

8 RULES NDER SPECIAL ENACTMENTS CHAPTER XVI PART VI Rules under Section 491(2) of the Code of Criminal Procedure, Applications under section 491, Criminal Procedure Code 174. Rule nisi on prima facie case 175. Order on hearing of rule 176. Procedure as to evidence to be recorded 177. Procedure in case of difference of opinion 178. Issue of warrant 179. Warrant to whom addressed 180. Forms of warrants CHAPTER XVII Rules under Section 99-f of the Code of Criminal Procedure, 1898, and Section 27 of the Indian Press (Emergency Powers) Act, Application supported by affidavit 182. Title 183. Form 184. Petition to state interest of applicant 185. Grounds to be stated 186. Translation of documents annexed to be filed 187. Presentation to Registrar. Date of hearing 188. Notice to secretary to Government of Sind, Home Department 189. Preparation of paper-books 190. Costs 191. Provisions of the Code made applicable Advocates Clerks CHAPTER XVIII PART VII 192. Definitions 193. Qualifications of registered clerks 194. Application for registration 195. Register of clerks a Certificate of registration 196. Renewal of certificate 197. Advocate to report discharge of his registered clerk. Registrar to remove such registered clerk from Register 198. Re-registration of clerk whose name is removed under rule 196 (3) or rule Only registered clerks to have access to Courts or offices

9 200. What ministerial acts may be done by registered clerk Registered clerk not to do business on behalf of another advocate 202. Suspension or removal of registered clerk Persons whose name struck off not eligible for re-registration 204. Persons registered as clerks immediately before commencement of these rules to be deemed to be registered clerks APPENDIX A Forms APPENDIX B Registers APPENDIX C Scale of Fess APPENDIX D The Sindh Courts Act, 1926 (Bom. VII of 1926) 80 APPENDIX E The Sindh Courts (Supplementary Act, 1926 (XXXIV of 1926) 97 APPENDIX F List of amendments made in the First Schedule to the Code of Civil Procedure, 1908, by the Court of the Judicial Commissioner of Sindh APPENDIX G Rules made by the Privy Council GENERAL - CHAPTER I PRELIMINARY The Sind Chief Court Rules (Appellate Side) PART I 1. Short title. These rules may be cited as The Sind Chief Court Rules. Appellate Side. 2. Commencement and repeal.-(1) They shall come in to operation on the expiry of 30 days from the *date of their publication in the official Gazette, and shall also apply so far as may be practicable to all proceedings then pending. (2) So much of the rules of the Court of the Judicial Commissioner of Sind, as is not annulled by the Sind Chief Court Rules (Original Side), is hereby annulled. 3. Definitions.-(1) In these rules unless there is anything repugnant in the subject or context--

10 (i) Act means the Sind Courts Act, 1926; (ii) Registrar means the Registrar, Appellate Side and includes in his absence the Registrar, Original Side; and (iii) Rules (O.S) means the Rules of the Sind Chief Court, Original Side. (2) Interpretation-Rules 3 to 5 of the Rules (O.S.) shall, so far as may be, apply to the interpretation of these rules. (3) Alteration, etc., of rules in First Schedule to the Code.- The rules contained in the First Schedule to the Code shall, so far as they are inconsistent with or contrary to these rules, be deemed to have been thereby altered or superseded. CHAPTER II SITTINGS, OFFICE HOURS, VACATIONS AND HOLIDAYS 4. Sittings.- The Courts on the Original Side and on the Appellate Side shall ordinary sit from 11 a.m. to 5 p.m. with recess from 2 p.m. to 3 p.m. 5. Office hours.- The offices of the Court on the Appellate as well as the Original side shall be open daily, except in vacation and on Saturdays and holidays, from a.m. to 5-30 p.m., but no work, unless of an urgent nature, shall be accepted after 4-15 p.m. and no money shall be received or paid in the Nazir s Office after 3-15 p.m. On Saturdays the Offices shall be opened from a.m. to 2-30 p.m., but no work shall be accepted after 1 p.m. nor money paid or received in the Nazir s Office after 12 in the noon. 1* * * * * * * * 6. Vacation.- The long vacation to be observed in the several Courts and offices of the Chief Court both on its Original and Appellate Sides shall ordinarily be for a period of one month which shall begin and end on such days as the Chief Court may direct. 7. Court holidays.- The several Courts and offices of the Chief Court on its Original and Appellate Sides shall be closed on such holidays as the Chief Court from time to time directs. A list of such holidays shall be published yearly in the Official Gazette; Provided that a suitable arrangement shall be made for urgent work during Court holidays and the long vacation. PART II EXERCISE OF APPELLATE JURISDICTION CHAPTER III CONSTITUTION AND POWERS OF BENCHES.

11 Division Court 8. Jurisdiction ordinarily exercised by Division Court of two Judges.- The Civil and Criminal jurisdiction of the Chief Court on the Appellate Side shall, except as otherwise provided by any law for the time being in force and by these rules, be exercised by a Division Court consisting of two Judges: 2* * * * * * * * Single Judge 9. Matters disposed of by a single Judge.- The following matters may be disposed of by a single Judge:- (i) applications under rules 8 and 10 of Order XXII of the Code; (ii) applications for postponement or for expediting the hearing of cases, not otherwise provided for, or for fixing and particular day for the hearing of a case; (iii) applications to excuse delay in respect of, or to decide as to the admissibility of, any appeal or application presented after the period prescribed by law; (iv) applications to be allowed to appeal as a pauper under O.XLIV of the Code; (v) appeals or applications in which no steps have been taken or in which all endeavours have failed to serve notice on a respondent or opponent within the period prescribed by law or these rules; (vi) applications under O.I., rr. 10 and 11 of the Code; (vii) applications under O.XLI, rr. 5, 6 and 10 of the Code; (viii) applications for the transfer of any suit, appeal or other proceeding from one of the Civil Courts subordinate to the Chief Court to another of such Courts or to the Chief Court; (ix) applications for the transfer of an inquiry or trial or other proceedings from one of the Criminal Courts subordinate to the Chief Court to another of such Courts or to the Chief Court; (x) applications under section 215, 426 and 498 of the Code of Criminal Procedure; (xi) applications against order of the Registrar passed under these rules; (xii) during the vacation or holidays, civil or criminal applications of an urgent nature. 10. Matters which by order of the Chief Judge may be disposed of by a single Judge.- Subject to the provisions of section 14 of the Act, the following matters may, by general or special order of the Chief Judge, by disposed of by a single Judge: Provided that the Judge may refer any matter brought before him under this rule to a Division Court:-

12 (i) appeals from appellate decrees under section 100 and O.XLII of the Code; (ii) appeals under section 47 of the Code. (iii) appeals under the Guardians and Wards Act, (iv) appeals from orders under section 104, Order XLIII, r. 1 of the Code, and S. 39 of the Arbitration Act, (v) appeals under the Proviso to section 75(1) and under section 75(3) of the Provincial Insolvency Act, 1920; (vi) applications under section 115 of the Code, section 25 of the Provincial Small Cause Courts Act, 1887, section 32 of the Karachi Small Cause Courts Act, 1929, section 24 of the Mamlatdars Courts Act, 1906; (vii) applications under section 439 and 561-A of the Code of Criminal Procedure. 11. Appeals, etc. involving questions of law referred to in S. 205, Government of India Act, 1935, to be heard by Division Court.- (1) Nothing in rules 9 and 10 shall apply to matters which involve a substantial question of law as to the interpretation of the Government of India Act, 1935, or any Order in Council made thereunder. (2) Where in any matter brought before him under rule 9 or rule 10 it appears to the Judge at any stage of the proceeding that it involves a substantial question of law as to the interpretation of the Government of India Act, 1935, or any Order in Council made thereunder, he shall refer it to a Division Court. Full Bench 12. Composition of Full Bench.- (1) A full Bench shall consist of any number of Judges not less than three. (2) When a reference is made under section 12 of the Act by a Bench of two Judges, one of the referring Judges or both may sit as a member or members of the full bench. CHAPTER IV POWERS OF THE REGISTRAR, APPELLATE SIDE, AND THE DEPUTY REGISTRAR 13. Powers and duties of Registrar in connection with admission.- (1) The Registrar shall admit to the Register of Appeals all memoranda of appeals and cross-objections, which are duly stamped, are in the form, contain the particulars required by law and these rules, are accompanied by the necessary copies and are presented within the period prescribed for the same.

13 (2) The Registrar shall decide all questions under sub-rule (1), and return a memorandum of appeal or cross-objections to be amended in accordance with the procedure or practice of the Court or to be represented after such other requisition, as he is empowered to make, has been complied with. (3) The Registrar may reject or return for amendment any memorandum of appeal under Order XLI, Rule 3 of the Code. (4) No appeal shall be considered pending within Order XLI, Rule 6 of the Code until it has been admitted to the register. 14. Application of rule 13 to applications.- The provisions of rule 13 apply mutates mutandis to all applications other than memoranda of appeals which may be presented to the Court, and the term appellant in rule 13 includes applicant and the term respondent includes opponent. 15. Application which may be disposed of by Registrar.- the Registrar may dispose of the following applications:- (i) applications for the admission of a next friend of minor or a person of unsound mind or for the appointment of a new next friend or a guardian for the appeal or application; (ii) applications under Order I, Rule 8 of the Code; (iii) applications for issue of fresh notice or for extending the time for, or ordering a particular method of, service of notice on a Respondent [Order XLI, Rule 14, and Order IX Rule 5 (1)]; (iv) applications for entering on the record the name of the heir or legal representative of the deceased Appellant or Respondent (Order XXII, Rules 2, 3 and 4); (v) applications to add additional points to the memorandum of appeals or for formal orders directing them to be brought before the Court with the appeal. (Order XLI, Rules 1 and 2); (vi) applications for extension of time for payment of process fees, printing charges, translation charges, etc., not paid within the time allowed; (vii) applications to excuse delay in filing copies, required by the rules and applications for dispensing with the filing of such copies if the appeal is otherwise filed in time; (viii) applications for extension of time in cases remanded for further evidence or findings on issues; (ix) applications for extending the time or excusing the delay in filing applications for translations under rules 62 and 63; (x) application for orders for substituted service (Order V Rule 20);

14 (xi) applications for the issue of notices to proposed guardians. [Order XXXII, Rule 3(4)]; (xii) applications for withdrawal of appeals or cross-objections or for consent decrees except those in which the sanction of the Court is needed under order XXXII, Rules 7 and 15; (xiii) applications for the return of documents; (xiv) applications for the refund of the money deposited with the Nazir, 16. Other powers of Registrar.- The Registrar may besides- (i) sign all decrees made by the Court; (ii) call for records from subordinate Courts; (iii) dispose of requisitions by subordinate Courts for records and documents; (iv) 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; (v) stop at his discretion the issue of any documents copy or other paper to any person who has failed to pay any fee or charges due to the Court; (vi) receive applications for substitution of names in an appeal to His Majesty in Council and issue notices thereon; (vii) decide the question of the necessity for transcribing and printing any account not specifically applied for by the parties to appeals to His Majesty in Council; (viii) call for a further deposit when the deposit already made by the appellant in an appeal to His Majesty in Council is not sufficient to defray the cost of preparing the record, and to fix the time within which such further deposit is to be made; (ix) order payment of the interest accruing on Government Promissory Notes deposited under Order XLV, Rule 7 of the Code, and to order refund of any unexpended balance under Order XLV, Rule 12 of the Code; (x) exercise all the powers of a Court under Order XLV, Rule 8; (xi) make an order for payment of costs of any application heard by him; (xii) refer any matter before him to the Court for orders. 17. Delegation of powers by Registrar to Deputy Registrar.- The Registrar may delegate to the Deputy Registrar his powers under sub rule (1) of rule 13 to return a memorandum of appeal which does not contain the particulars required by law and these rules or is not accompanied by the necessary copies, and his powers under sub-rule (3) of rule 13, and clauses (iv), (v), (viii) and (x) of rule 16 and also as regards applications for issue of fresh notice under clause (iii) of rule 15.

15 18. Revision of orders of Registrar and the Deputy Registrar. Order made by the Registrar or the Deputy Registrar under rules 13 to 15 and clauses (v), (vii), (x) and (xi) of rule 16 shall be subject to revision by a single Judge on the motion of the party aggrieved; but all order made by the Registrar under Order V, Rules 19, 20, 21 and 21-A of the First Schedule to the Code shall be final. 19. Powers under S. 152, C.P.C.- The Registrar and the Deputy Registrar may exercise all the powers of a Court under section 152 of the Code in respect of their own orders under rules 13 to 16. PART III PRACTICE AND PROCEDURE GENERAL CHAPTER V Form of Proceedings 20. Title of appeals and applications.- (1) Every memorandum of appeal and every application shall be entitled In the Chief Court of Sind and shall state the jurisdiction (Appellate Civil, Appellate Criminal, memorandum of civil appeal shall further state immediately below the title whether it is First Appeal, Second Appeal or Appeal under S. 14 (2) of the Sind Courts Act, (2) Every civil appeal and application for revision shall be accompanied by an applications for the preparation of copies and translations specified in Chapter IX. Institution of Proceedings 21. Joinder of parties in criminal appeal or application.- In criminal matters several persons, complaining of one order or judgment affecting them all, may join in one appeal or application for revision and one copy of the Judgment or order complained of shall be sufficient: Provided that Court-fee is paid by each appellant or applicant as if he had appealed or applied separately. 22. Application for transfer to be supported by affidavit.- In all application for the exercise of the Revisional Jurisdiction of the Chief Court and in every applications for the transfer of a suit or of a civil or criminal matter the statement of facts contained therein and not appearing in the judgment or order complained of shall be supported by an affidavit, unless, in any criminal matter, the Court shall see fit to dispense with the affidavit. 23. Copy of Judgment or order to accompany application for revision.- Every application for the exercise of the Revisional Jurisdiction of the Chief Court shall be accompanied by a copy of the 1[Judgment and decree or order] complained of.

16 24. Copies of decrees, etc., of lower Courts to accompany second appeals and civil revision applications.- Memoranda of second appeal for the revision of appellate decrees or orders shall be accompanied 2[by copes of the decree and judgment or order of the lower Appellate Court]. 25. Copies of Judgments to accompany appeals against acquittals and criminal revision applications.- Appeals against acquittals on appeal, and applications in criminal matters for the revision of orders passed on appeal shall be accompanied by copies of the judgment of both the lower Courts. 26. Appeal or application after limitation to be accompanied by petition and affidavit explaining delay.- When an appeal or application for revision is presented after the prescribed period of limitation, it shall be accompanied by a petition supported by an affidavit setting forth the cause of the delay. 27. Typed copies of appeals and applications to be furnished by parties.- [(1)] 1In all appeals and revisional applications and in interlocutory applications therein to be heard by a Division Court, the party, other than the accused in Jail who is not represented by an advocate, shall furnish to the office two typewritten copies of the memorandum of appeal or applications, judgments or orders of the lower courts and of the affidavits, if any. 1[(2) In all appeals and revisional applications to be heard by a Single Judge the party as a aforesaid shall furnish to the office one typewritten copy of the judgment or order of the Court exercising original jurisdiction.] 28. Registrar to dispense with the copies of the judgment in subsequent appeals by coaccused.- Where a criminal appeal or revisional application accompanied by the requisite number of copies of judgments is pending in the Chief Court, the Registrar may dispense with copies of judgments in any further appeal or revisional application presented by any party affected by the same judgment. 29. When copies in other case may be dispensed with.- The Registrar may dispense with copies of the Judgment or orders (but not decrees) referred to in rules 23, 24 and 25 when they are already on the record in a matter pending in the Chief Court. 30. All proceedings on Appellate Side to be presented to Deputy Registrar.- (1) All appeals and applications for revision shall be presented to the Deputy Registrar or, in his absence, to the Registrar. Applications for leave to appeal in forma pauperis shall be presented to the Registrar. Appeals from jail may be received by post. Interlocutory applications in appeals and revisional applications shall be presented to the Sheristedar concerned or to such other officer as may be appointed by the Chief Judge for the purpose. (2) The officer concerned shall forthwith enter and initial the date of receipt on the proceedings, attest documents or copies of documents filed therewith and cause the Court-fee stamps to be cancelled. The Deputy Registrar shall thereafter submit the memoranda of appeals and applications for revision to the Registrar.

17 31. Course to be followed when certain affidavit and copies not filed.- When an appeal or application is not accompanied by the affidavit or copies other than copies of decrees required to be filed along with it under the provisions of rule 22 to 25, the Registrar may extend the time for a period not exceeding one month in the aggregate for filing them. If they are not filed within such extended time, the Registrar shall return the appeal or application to the party or his Advocate. 32. Return of papers to parties when registration refused.- Whenever registration of any appeal, memorandum of cross-objections or application is for any reason refused by the Registrar, the papers shall be returned to the party or his Advocate who presents them. 33. Registers to be kept.- (1) The following registers shall be kept on the Appellate Side:- - Civil Appellate Side (a) Register of First Appeals. (b) Register of Second Appeals. (c) Register of Appeal under section 14(2) of the Act. (d) Register of Miscellaneous Appeals. (e) Register of References and Revision and Miscellaneous Applications. Criminal Appellate Side (f) Register of Criminal Appeals. (g) Register of Confirmation Cases. (h) Register of Criminal References and Revision and Miscellaneous applications. (2) All appeals against orders under section 104 or Order XLIII of the Code and any other order not having the force of a decree shall be registered as miscellaneous appeals. Procedure on Admission 34. Notice to Advocate-General or Public Prosecutor and District Magistrate in criminal appeals and revisional applications.- Notice shall be given to the Advocate-General or the Public Prosecutor, as the case may be, of the dates of hearing of all cases submitted for confirmation under section 374 of the Code of Criminal Procedure, 1898, and to the Advocate-General or the public Prosecutor, as the case may be, and to the District Magistrate concerned of the dates of hearing of all criminal appeals and revisional applications admitted to a regular hearing. 35. In what matters advocate appointed at Government cost.- When on a submission for confirmation under section 374 of the Code of Criminal Procedure, 1898, or on an appeal from an acquittal or on an application for revision by enhancement of sentence the accused is undefended, an advocate shall be appointed by the Division Court to undertake the defence at the cost of Government in accordance with the Government notification or rules relating thereto. Such advocate shall be supplied a copy of the paper-book free of cost. 36. Form of warrant.- The warrant under section 427 of the Code of Criminal Procedure, 1898, shall be issued in Form No.2 in Appendix A.

18 37. Calling for records from lower Courts in interlocutory matters. In an appeal or revisional application from an interlocutory order in any suit or matter the record and proceedings of the lower Court shall not be called for by the Registrar s office unless the Court of its own accord or on the application of a party has ordered them to be sent for. 38. Process fee when to be ordinarily paid to the Nazir. After expiry of time not to be received without order. Effect of failure to pay. Process fee for the service of notice shall be paid to the Nazir within 14 days from the date of the order admitting the appeal or application or the order directing notice to issue. After the expiry of the prescribed times the fee shall and be received without our order of the Registrar upon an application duly stamped and setting forth sufficient grounds for the delay and supported, if so directed, by an affidavit. If process fee be not paid within the prescribed time or within any extension of time granted by the Registrar, the appeal or application shall be brought before the Court for disposal. 39. Time for filing objections after receipt of lower Court s finding on issues sent down.- When issues have in any appeal been sent down to the lower Court, a party shall be allowed ten days from the date of the notice on the Court notice-board of the receipt of the lowers Court s findings thereon to file such objections as he may consider necessary under O.XLI, rule 26(1) of the Code. Dates and Cause-List 40. Hearing of appeals and applications-fixing of duties.- (1) Civil and criminal appeals and revisional applications and interlocutory applications therein shall be heard on such days and for such period in a month as the Chief Judge may from time to time by general or special order direct. (2) Subject to such order of the Chief Judge as aforesaid, the Registrar shall fix dates in all appeals and applications pending on the Appellate Side. For this purpose he shall sit at 12 noon on such days as may, by general or special order of the Chief Judge, be prescribed. (3) Subject to any special order in that behalf, in fixing dates for find disposal of appeals or applications, preference shall be given to the following matters, namely;- (i) part-heard appeals; (ii) appeals from orders (including orders in execution); (iii) appeals in which the proceedings in the lower Court have been stayed; (iv) appeals and references in Income-tax and commercial cases; and (v) appeals in which a preliminary point of Court fee or limitation arises. 41. Cause-list.- A list of all appeals and revisional applications and interlocutory applications therein appointed to be heard before a single judge or Division Court shall be prepared and posted on the Court notice-board a fortnight before the Commencement of the sitting of such Judge or Court.

19 42. Duties of Sheristedars on Appellate Side.- The Sheristedars on the Appellate Side shall, so far as may be, perform such duties on the Appellate Side as the Sheristerdar is empowered to perform on the Original Side. General 43. Practice and procedure on Original Side to apply to Appellate Side.- The practice and procedure obtaining on the Original Side with regard to the form of proceedings, to the appointment removal and discharge of next friends, guardians-ad-litem, receivers, bail furnishing of security, and to other matters of procedure not expressly provided for in these rules shall apply on the Appellate Side, so far as may be consistent with these rules. CHAPTER VI APPEALS UNDER SECTION 14 (2) OF THE ACT 44. Limitation.- Any person wishing to appeal under sub-section (2) of section 14 of the Act against a decision of a Judge, shall file the memorandum of appeal within 60 days from the date of the decision appealed against, unless the Court in its discretion, on good cause shown, shall excuse the delay. 45. Form.- The memorandum of appeal shall be drawn up in accordance with the provisions of Order XLI, rule 1, of the Code and shall be accompanied by the declaration referred to in the said sub-section. It need not be accompanied by a copy of the judgment or decree appealed against. The declaration referred to above shall ordinarily be asked for immediately after the decision has been given by the Judge. 46. Appeal fixed for final hearing before a Division Court without summary hearing.- The appeal shall not be fixed for preliminary hearing under order XLI, rule 11 of the Code but shall be brought before a Division Court for final hearing after it is admitted to the register and notice of the appeal is served upon the respondent. 47. Vakalatnama.- Any Advocate who conducted the appeal before the Judge may appear and plead in the subsequent appeal without filing a fresh vakalatnama, but no additional fee shall be included in the bill of costs in the case of an appeal against a decree made under Order XLI, rule 11 of the Code. 48. Rules 5 and 6 of order XLI made applicable.- The provisional of Order XLI, rules 5 and 6 of the Code shall be applicable to appeals under this Chapter. CHAPTER VII REVIEWS, REVISIONS AND REFERENCES 49. Application for review.- When an application for review proceeds on the ground of discovery of fresh matter or evidence, the documents, if any, relied upon shall be annexed to the application with a list in Form No.5 in Appendix H, Schedule I, of the Code,

20 together with an affidavit setting forth the circumstances under which such discovery has been made. This rule shall apply also to review of judgments or orders on the Original Side. 50. Notification of day for hearing.- The day for hearing an application for review of judgment shall be notified in manner provided for appeals under Order XLI, rules 14 and 15 of the Code or under section 422 of the Code of Criminal Procedure, 1898, as the case may be. 51. When revisional application not entertained.- In the absence of special circumstances the Chief Court will not entertain an application in revision where such application might have been made to a lower Court. 52. Cases to be forwarded to the Registrar.- When a reference is made under Order XLVI of the Code or S. 33 of the Karachi Small Causes Court Act, 1929, or S. 438 of the Code of Criminal Procedure, 1898, it shall be forwarded together with other necessary papers to the Registrar. 53. Number and Title to be entered in a Register.- The case shall be numbered and the number of the case and the names of the parties shall be entered in the Register of References and Revision and Miscellaneous Applications maintained in the Registrar s officer. 54. Date appointed for hearing to be notified.- The Registrar, as soon as the case is received, shall fix a day for the hearing thereof. The Registrar shall notify the day fixed for the hearing of the case to the Advocate of the parties or, if they are not represented by Advocates, to the Court from which the reference is received for communication to the parties. 55. Copy of the Judgment to be sent.- The Registrar shall, after disposal of the reference, forward to the Court or other authority concerned a certified copy of the judgment or order of the Chief Court. LIMITATION CHAPTER VIII 56. Time for applications for exercise of Civil Jurisdiction. Applications for the exercise of the Court s Jurisdiction under section 115 of the Code, section 25 of the Provincial Small Cause Courts Act, 1887, or section 32 of the Karachi Small Cause Courts Act 1929, shall be made within 90 days from the date of the decision complained against, exclusive of the time required for obtaining copies. 57. Time for application by Government for exercise of Criminal Jurisdiction in revision.- (1) Applications by Government for the exercise of the Court s Jurisdiction in revision in Criminal matters shall be made within six months from the date of the decision complained against, exclusive of the time required for obtaining copies.

21 (2) Time for like applications by other person.- Applications by other persons for the same purpose shall be made within sixty days from the date of the decision complained against, exclusive of the time required for obtaining copies: Provided that where a revisional application is made to the Sessions Judge or the District Magistrate and rejected by that officer, the period of sixty days shall be computed from the date of the order of the Sessions Judge or the District Magistrate. 58. Court may excuse delay.- Nothing in rules 56 and 57 shall prevent the Court from excusing in its discretion any delay in the presentation of the applications referred to in these rules. 59. Time for revision of order of Registrar, etc.- A motion for the revision of an order passed by the Registrar or Deputy Registrar while exercising the powers delegated to him shall be made within 15 days of the date of the order complained of. CHAPTER IX PREPARATION OF PAPER-BOOKS CIVIL 60. Papers which must be included in paper-book.- In all civil appeals and revisional applications admitted to regular hearing a paper-book shall be prepared for the use of the Judge or Judges hearing the appeal or revisional application containing copies of,- (1) in the case of appeals from original decrees,- (i) the pleadings, (ii) the issues, (iii) depositions of witnesses and documents exhibited, (iv) the judgment and the decree of the Original Court, (v) the memorandum of appeal, (vi) the memorandum of objections, if any, under Order XLI, rule 22 of the Code, (vii) any document rejected by the Original Court, where its rejection is a ground of appeal or cross-objections, and (viii) such other documents as the Registrar may direct on notice to the parties; (2) in the case of appeals from appellate decrees,- (i) the pleadings, (ii) the judgment of the first Court, (iii) the judgment of the lower Appellate Court, (iv) the memorandum of Second Appeal, and (v) the memorandum of cross-objections, if any; (3) in the case of appeals under section 14(2) of the Act,-

22 (i) the memorandum of appeal, (ii) the judgment of the first Court, (iii) the judgment of the Court of first appeal, and (iv) the judgment appealed against; (4) in the case of miscellaneous appeals,- (i) the order appealed against, and (ii) the memorandum of appeal; and (5) in the case of revisional applications,- (i) the judgment or order sought to be revised, and (ii) the memorandum of the applications. 61. Other papers may be included on appellant filing list.- Upon receipt of the record and proceedings from the lower Court, a notice shall be served on the appellant or his advocate requiring him to prepare and deliver within a fortnight of the service of the notice a list of all papers, other than those mentioned in the last preceding rule, upon which the decision of the appeal depends and which the appellant desires to be included in the paper-book at his own expense. Such list shall be called the appellant s list. 62. Appellant to make application for translation.- The appellant shall, within the time prescribed under the last preceding rule, make an application for translation of all such documents required under rules 60 and 61 to be included in the paper-book as are not in English. 63. Respondent s list.- On receipt of the appellant s list, a notice of such fact shall be given to such respondents or their advocates as have entered appearance by then. The notice shall also require such respondents to file, within a fortnight of the service thereof, a list of the papers other than those specified in the appellant s list and relevant to the appeal, which they desire to be included in the paper-book at their own expense. Such list shall be called the respondent s list and shall be accompanied by an application for translation of such of the papers referred to therein as are not in English. 64. Form of application for translation.- Applications for translation shall clearly state the number and portions of documents the translation of which is required. Where portions of documents or accounts are required to be translated, they shall be initialed. 65. Any party entitled to inspect the list.- Any party shall be entitled to inspect the list of any other party and to obtain at his own expense a copy of the whole or of any portion thereof. 66. When respondent may apply for inclusion of any paper at the cost of the appellant.- If the respondent considers that any paper upon which the decision of the appeal depends has been omitted from the appellant s list, he may, at the time of filing his list under rule 63 and after giving notice to the appellant of his intended applications apply to the Registrar for a order that such paper be inserted in the paper-book at the cost of the appellant:

23 Provided that if the application is disallowed by the Registrar, such respondent shall be at liberty, at that time, to pray for the inclusion of the paper mentioned in his application in his list at his own cost: Provided also that where a respondent enters appearance after settlement of the index, he shall not be entitled to make such applications. 67. Accounts, etc., not to be prepared in full.- A long series of documents such as accounts, rent rolls, inventories etc., shall not be typed in full, unless it is absolutely necessary to do so. Parties may agree to short extracts being typed as specimens. 68. Procedure regarding objection to inclusion of document.-any party objecting to the inclusion of a document on the ground that it is unnecessary or irrelevant, shall raise such objection after the respondent s list is filed and before the index is settled. On such objection being raised, the Head Translator shall refer it to the Registrar for orders. The Registrar s order shall be final: Provided that it shall be opened to the party whose document is excluded to provide at the time of hearing, after serving copies on the opposite party, types copies of such excluded documents for the use of the Court. 69. Deposit of costs estimated.- After the time prescribed by rules 61 and 63 for filing the appellant s list and the respondent s list respectively, or any extension thereof under rule 72 has expired and the objections of the parties under rules 66 and 68, if any, have been disposed of, the Head Translator shall prepare an index of the papers to be included in the paper-book and shall prepare an estimate of the cost of translations, if any. He shall then pass on the record and proceedings to the Head Copyist who shall prepare an estimate of the cost of typing such papers. On the costs being so estimated, a notice shall be issued to the appellant and to the respondent, to deposit the same within fifteen days of the receipt thereof: Provided that if the estimated sum exceeds Rs.400 a sum not less than Rs.400 shall be deposited at a time unless the balance payable shall be less than that sum. 70. Deposit of additional Amount.- (1) If the amount deposited is found to be insufficient, the additional amount required shall be duly estimated and notice shall be given to the appellant or the respondent, as the case may, be requiring him to deposit it within a week of the service of such notice. (2) No work in the matter of the preparation of the paper-book which is likely to cost more than the sum deposited, shall ordinarily be undertaken until such additional deposit has been made, unless the Registrar shall otherwise direct. 71. If respondent s list not filed paper-book prepared according to appellant s list or under rule 60.- (1) If the respondent does not enter an appearance or does not deliver the list directed by and within the time prescribed by rule 63 or any extension thereof under rule 72, the paper-book shall be prepared in accordance with the appellant s list, if any. (2) If the appellant s list is also not filed within the time prescribed by rule 61 or any extension thereof under rule 72, the paper book shall be prepared in accordance with rule 60.

24 72. No extension of time except on application in writing.- The time allowed under rules 61 to 63 and 69 and 70 may be extended from time to time, only on an application made in writing duly stamped and setting forth sufficient grounds for granting the extension. 73. Consequences of default in making deposit, etc.- (1) If the appellant fails to make as application in accordance with rule 62 or if he fails to make the deposit or additional deposit required by rules 69 and 70, respectively, within the time prescribed or within such extension thereof as may be allowed, the Registrar shall cause the appeal to be set down for hearing in Court. (2) The Court may, unless satisfied that there was reasonable ground for the default, direct the appeal to be dismissed for want of prosecution, or may pass such other order as may seem proper in the circumstances of the case. (3) If any such default as is referred to in sub-rule (1) is committed by the respondent, such papers specified in the respondent s list as require to be translated or in respect of which the deficit amount is required to be deposited shall not be included in the paperbook. 74. Procedure on respondent applying for inclusion of papers in paper-books subsequently.- If any respondent upon whom notice under Order XLI, rule 14 of the Code has been served after the settlement of the index desires that papers other than those inserted in the appellant s list or the other respondent s list, if any, and relevant to the subject-matter of the appeal, should be included in the paper-book at his expense, he shall, within fifteen days of the service of the notice aforesaid, make an application in writing duly stamped. The application shall be heard and disposed of by the Registrar after notice to the other party, if necessary. (2) If the application is granted, rules 63, 68 and 69 shall apply, so far as may be, to the preparation of the index, estimate of costs and deposit thereof. 75. Paper-book to consist of typewritten copies.- Copies of papers to be included in the paper-book shall be typed by the Copyists Branch at the prescribed rates. 76. Number of copies to be typed.- The number of copies of the paper-book to be typed shall be fixed by the Registrar at the time of settling the index according to the nature of the appeal, after hearing the parties. 77. Rules 61 to 75 apply to civil revisional applications.- Rules 61 to 75 apply to all civil revisional applications which are admitted to regular hearing. 78. Preparation of paper-book if appeal dismissed under rule 73 and cross-objections not withdrawn.- If an appeal is dismissed under sub-rule (2) of rule 73, a respondent, who has filed cross-objections under Order XLI, rule 22 of the Code and has not withdrawn them at or before such hearing, shall within 30 days from the date of the dismissal of the appeal take steps for the preparation of the paper-book, and rules 60 to 76 shall apply so far as may be to the preparation of such paper-book. CRIMINAL