Section 18   [ View Judgements ]

ORDER-XVIII


PETITIONS GENERALLY



1. Every petition shall consist of paragraphs numbered consecutively and shall be fairly and legibly written, typewritten, lithographed or printed on one side of standard petition paper, demy-foolscape size, or of the size of 29.7 cm X 21 cm. or on paper ordinarily used in High Courts for transcribing petitions, with quarter margin, and endorsed with the name of the Court appealed from, the full title and Supreme Court number of the appeal or matter to which the petition relates and the name and address of the advocate on record of the petitioner or of the petitioner where the petitioner appears in person. The petitioner shall file along with his petition such number of copies thereof as may be required for the use of the Court.



2. Where a petition is expected to be lodged, or has been lodged, which does not relate to any pending appeal of which the record has been registered in the Registry of the Court, any person claiming a right to appear before the Court on the hearing of such petition may lodge a caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar notice of the lodging of the petition, if at the time of the lodging of the caveat such petition has not yet been lodged and, if and when the petition has been lodged, to require the petitioner to serve him with copy of the petition and to furnish him, at his own expense, with copies of any papers lodged by the petitioner in support of his petition. The caveator shall forthwith after lodging his caveat, give notice thereof to the petitioner, if the petition has been lodged.



3. Where a petition is lodged in the matter of any pending appeal of which the record has been registered in the Registry of the Court, the petitioner shall serve any party who has entered an appearance in the appeal, with a copy of such petition and the party so served shall thereupon be entitled to require the petitioner to furnish him at his own expense, with copies of any papers lodged by the petitioner in support of his petition.



4. A petition other than memorandum of appeal containing allegations of fact which cannot be verified by reference to the record in the Court shall be supported by an affidavit.



5. [1] The Registrar may refuse to receive a petition on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matter but the petitioner may appeal by way of motion, from such refusal to the Court.



6. As soon as all necessary documents are lodged, the petition shall be set down for hearing.



7. Subject to the provisions of rule 8, the Registrar shall, as soon as the Court has appointed a day for the hearing of a petition, notify the day appointed on the notice board of the Court.



8. Where the prayer of a petition is consented to in writing by the opposite party, or where a petition is of a formal and non-contentious character, the Court may, if it thinks fit, make an order thereon, without requiring the attendance of the parties, but the Registrar shall with all convenient speed, after the Court has made its order, notify the parties that the order has been made and of the date and nature of such order.



9. A petitioner who desires to withdraw his petition shall give notice in writing to that effect to the Registrar. Where the petition is opposed the opponent shall, subject to any agreement between the parties to the contrary, be entitled to apply to the Court for his costs, but where the petition is unopposed or where, in the case of an opposed petition, the parties have come to an agreement as to the costs of the petition, the petition may, if the Court thinks fit, be disposed of in the same way mutatis mutandis as a consent petition under the provisions of rule 8.



10. Where a petitioner unduly delays the bringing of a petition to a hearing, the Registrar shall call upon him to explain the delay, and if no explanation is offered, or if the explanation offered is, in the opinion of the Registrar, insufficient, the Registrar may, after notifying all parties, who have entered appearance, place the petition before the Court for such directions as the Court may think fit to give thereon.



1O A. [2] (1) Where the petitioner is not represented by an Advocate of his choice, in any petition including a writ petition, civil or criminal, or any other case, the Court may in proper case direct the engagement of an Advocate amicus curiae at the cost of the State. The fee of the Advocate so engaged shall be Rs. 250 upto the admission stage and a lump sum not exceeding Rs. 500 for the final hearing of the case as may be fixed by the Bench hearing the case, and in an appropriate case, the Bench hearing the case may, for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 750 to the said Advocate.



(2) After the hearing of the petition is over, the Registrar or Deputy Registrar shall issue to the Advocate amicus curiae a certificate in the prescribed form, indicating therein the name of the Advocate engaged at the cost of the State, and the amount of fees payable to the said Advocate.



(3) The State concerned shall pay the fees specified in the certificate issued under sub-rule (2) to the Advocate named therein within three months from the date of his presenting before it his claim for the fees supported by the certificate. If the fees are not paid within the period abovesaid, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an Order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954.



Explanation. For the purpose of this rule, the term 'State' shall include a Union Territory.



11. At the hearing of a petition not more than one advocate shall be heard on one side.

FOOTNOTES:

1. Substituted by General Statutory Rules (G.S.R.) 407 dated 9th December, 1997 (w.e.f. 20-12-1997)

2. Inserted by General Statutory Rules (G.S.R.) 541, dated 26th June. 1987 (w.e.f. 18-7-1987).



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