Supreme Court Rules, 1980

Amended upto 15-12-2008
Compiled by
Muhammad Aslam
Acting Librarian/Assistant Librarian
Supreme Court of Pakistan
i
THE PAKISTAN SUPREME COURT RULES, 1980
(Amended upto 15-12-2008)
TABLE OF CONTENTS
PART I
ORDER
Nos. PAGE
I Title & Interpretation, etc 1-3
II Offices of the Court; Sittings and Vacation 3-4
III Officers of the Court 4-6
IV Advocates and Advocates-on-Record 6-12
V Business in Chambers 12-17
VI Notices of Motion 17-18
VII Documents 18-19
VIII Affidavits 19-21
IX Inspection, Search, etc. 21-22
X Judgments, Decrees and Orders 22-24
XI Constitution of Benches 24-25
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PART II
APPELLATE JURISDICTION
XII Civil Appeals under Article 185 (2) (d) (e)
and (f) of the Constitution 25-27
XIII Pet itions for Leave to Appeal in Civil
Proceedings. 27-30
XIV Preparation of Record 30- 32
XV
Withdrawal of Appeal, non-prosecution of
Appeal, Change of Parties. 33-34
XVI Appearance by Respondent 34-35
XVII Petitions Generally 35-38
XVIII Lodging of Concise Statements and
Supplemental Proceedings 38-39
XIX Hearing of Appeals 39-40
XX Miscellaneous 40
XXI Pauper, Appeals, Petition, etc. 41-42
XXII
Criminal Appeals under Article 185 (2) of
the Constitution 42-45
XXIII Petitions for Leave to Appeal and Appeals
arising therefrom in Criminal Proceedings.
45-47
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PART III
XXIV
Petitions for Leave to Appeal under Article
212 (3) of the Constitution 48
XXV
Applications for Enforcement of
Fundamental Rights under Article 184(3) of
the Constitution.
48-50
PART IV
XXVI Review 50-52
PART V
XXVII Proceedings in relation to the Contempt of
Court.
52-54
PART VI
XXVIII A. Costs 54-55
B. Taxation 55-63
PART VII
MISCELLANEOUS
XXIX Notice of Proceedings to Law Officers of the
State 63-64
XXX Forms to be used 64
XXXI Service of Documents 64-65
XXXII Commissions 66-67
XXXIII Inherent Powers 67-68
XXXIV Destruction of Records 68-71
XXXV Appeals and Petitions under Article 203 F of
the Constitution
72-74
XXXVI
Appeals under Ordinance No. II of 1987
(Ommited vide notification number 59/80
SCA dated 27-08-2003)
74
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SCHEDULES
FIRST SCHEDULE--Senior and other
Advocates 75-76
SECOND SCHEDULE--Fees to Advocates 77-79
THIRD SCHEDULE--Table of Court -Fee 80-82
FOURTH SCHEDULE--Fee to Advocateon-
Record 83-86
FIFTH SCHEDULE--Rules as to Printing of
Record
86-90
SIXTH SCHEDULE--Forms 90 to116
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SUPREME COURT OF PAKISTAN
NOTIFICATION
Rawalpindi, the 20th November, 1980
THE SUPREME COURT RULES, 1980
S.R.O.1159(I)/80.-- In exercise of the powers conferred under
Article 191 of the Constitution of the Islamic Republic of Pakistan
(hereinafter called the Constitution), the Supreme Court makes the
following Rules:-
PART I
GENERAL
ORDER I
INTERPRETATION
1. (1) These Rules shall be called the Supreme Court Rules,
1980, and shall come into force at once.
(2) The Supreme Court Rules, 1956, are hereby revoked.
2. (1) In these Rules, unless the context otherwise requires:-
"Advocate" means a person entitled to appear and
plead before the Supreme Court.
"Advocate-on-Record" means an Advocate, who is
entitled, under these Rules, to act and plead for a
party in the Supreme Court;
"Article" means Article of the Constitution;
"Attorney-General" means the Attorney-General for
Pakistan;
"Chief Justice" means the Chief Justice of Pakistan;
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"Code" means the Code of Civil Procedure, 1908;
"Court" and "this Court" means the Supreme Court
of Pakistan;
"Court appealed from" includes a tribunal and any
other judicial body from which an appeal is
preferred to the Court;
"Gazette" means the Gazette of Pakistan;
"Judge" means a Judge of the Court;
"High Court" means the High Court of a Province;
"Party" and all words descriptive of parties to
proceedings before the Court (such as "appellant",
"respondent", "plaintiff", "defendant" and the like)
include, in respect of all acts proposed to be done
by an Advocate-on-Record, Advocate-on-Record of
the party in question, when it is represented by an
Advocate-on-Record;
"Prescribed" means prescribed by or under these
Rules;
['Registrar' means 'Registrar of the Court' and
'Registry' means 'Main Registry' of the Court.]
"Branch Registry" means a Branch Registry of the
Court set up by the Chief Justice at any seat of a
High Court and notified in the Gazette;
"Respondent" includes an intervener;
"Senior Advocate" means an Advocate enrolled as
such by the Court; and
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"Signed", save in the case of a judgment and decree
includes stamped.
(2) Unless the context otherwise requires, the General
Clauses Act, 1897, shall apply to the interpretation of these Rules
as it applies to the interpretation of a Federal Act.
3. Where by these Rules or by any order of the Court any step
is required to be taken in connection with any cause, matter or
appeal, before the Court, that step shall, unless the context
otherwise requires, be taken in the Registry or in the appropriate
Branch Registry.
4. Where any particular number of days is prescribed by these
Rules, the same shall be computed in accordance with the
provisions of the Limitation Act, 1908.
5. Save as otherwise expressly provided by these Rules, the
provisions of the Code shall not apply to any proceedings in the
Court.
?[ORDER II
OFFICES OF THE COURT: SITTINGS AND VACATION
1. Except during the vacation and on Court holidays and
subject to any order of the Chief Justice, the offices of the Court
shall remain open daily from 8.30 a.m. to 3.30 p.m. on week days;
and from ?[8.30 a.m. to 12:00 Noon on Friday:]
Provided that no matter, unless of an urgent nature, shall be
received within one hour of the closing time.
2. Except holidays ?[**], the offices of the Court sha ll be open
during the vacation and the winter holidays.
? Subs. vide office order No. F. 59/80-SCA, dated 21-10-1984.
? Subs. by Notification No. F. 59/80-SCA, dated 27-082003.
? Omitted by Notification No. F. 59/80-SCA, dated 27-08-2003.
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?[3. The judicial year of the Court shall commence on the
second Monday in September each year, or if that day is a Court
holiday, then on the next working day, and continue until the
commencement of the vacation in the year next following.
4. Summer vacation of the Court shall commence on the 15th
June or on such date as may be fixed in each year by the Chief
Justice and notified in the Gazette.]
5. ?[The Court shall not ordinarily sit on Saturdays or on any
other day that may be set apart for writing of judgments, nor
during winter holidays, that is to say, December 18 to 31, both
days inclusive, and on any other days notified in the Gazette as
Court holidays.]
6. A Judge shall be nominated by the Chief Justice before the
commencement of vacation and winter holidays for the hearing of
all matters which may require to be immediately or promptly dealt
with and whenever necessary a Bench of the Court of two or more
Judges may likewise be constituted by the Chief Justice for the
disposal of cases during the vacation and winter holidays.]
ORDER III
OFFICERS OF THE COURT
1. The Registrar shall be the executive head of the Office. He
shall have the custody of the records of the Court and shall
exercise such powers as are assigned to him by these Rules.
2. The Registrar shall not be absent from the Court without
leave of the Chief Justice, and any other officer of the Court
without leave of the Registrar.
? Subs. by Notification No. F.59/80-SCA, dated 11-01-2000.
? Subs. by Notification No. F.59/80-SCA, dated 24-04-2000.
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3. In the absence of the Registrar, ?[the Additional Registrar
and in the absence of the Additional Registrar,] the Deputy
Registrar or in the absence of the Deputy Registrar, the Assistant
Registrar shall perform all the functions of the Registrar, under
these Rules.
4. The Chief Justice may assign and the Registrar may, with
the approval of the Chief Justice, delegate to ?[an Additional
Registrar or] a Deputy Registrar or an Assistant Registrar, any
functions required by these Rules to be performed by the Registrar.
5. The Registrar shall, subject to any directions by the Chief
Justice, allocate the duties of the Registry among the officers of the
Court, and shall, subject to these Rules, and to any such direction
as aforesaid, supervise and control the officers and servants of the
Court.
6. The Seal of the Court shall be such as the Chief Justice may
direct, and shall be kept in the custody of the Registrar.
7. Subject to any directions by the Chief Justice, Seal of the
Court shall not be affixed to any writ, rule, order, summons or
other process save under the authority in writing of the Registrar.
8. The Seal of the Court shall not be affixed to any certified
copy issued by the Court, save under the authority in writing of the
Registrar.
9. The Registrar shall keep a list of all cases pending before
the Court and shall subject to these Rules and any directions given
by the Chief Justice, prepare the list of cases ready for hearing and
shall cause notice to be given thereof and of the day if any,
assigned for the hearing of any case or cases in the list.
? Inserted by Notification No. F-59/80-SCA, dated 27-08-2003.
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10. In addition to any other powers under the Rules, and
subject to any general or special orders of the Chief Justice, the
Registrar shall have the following powers namely:-
(a) to require any plaint, petition of appeal, petition for
leave to appeal or other matters presented to the
Court, to be amended in accordance with the
practice and procedure of the Court or to be
represented after such requisition as the Registrar
thinks proper in relation thereto, has been complied
with;
(b) to fix the dates of hearing of appeals, petitions or
other matters, and issue notices thereof;
(c) to settle the index;
(d) to direct any formal amendment of record.
ORDER IV
ADVOCATES AND ADVOCATES-ON-RECORD
? [1. There shall be kept separately, a Roll of Senior Advocates,
of Advocates and of Advocates-on-Record.
2. A Senior Advocate, an Advocate and an Advocate-on-
Record shall be entitled to appear and plead before the Court on
signing his respective Roll;
Provided that an Advocate shall not be allowed to sign the
Roll unless he produces a certificate of enrolment from the
Pakistan Bar Council; and
Provided further that the Chief Justice and the Judges may
refuse to allow a person to sign the Roll or remove his name from
?Subs. by Notification No. F. 59/80-SCA, dated 14-02-1988.
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the Roll after affording him an opportunity of oral hearing if he
has, at any time, been adjudged guilty of professional misconduct
or is otherwise considered unfit to be enrolled or allowed to remain
as an advocate.
3. A Senior Advocate shall have precedence over other
Advocates and the provisions of the First Schedule to the Rules
shall apply to Senior and other Advocates.
4. A person shall not be qualified for being enrolled as an
Advocate unless he:-
(a) has been for not less than ten years enrolled as an
Advocate in a High Court;
(b) has been certified in a duly authenticated form by
the Chief Justice and Judges of the High Court that
he is a fit and proper person to appear and plead as
an Advocate before the Supreme Court:
Provided that the Chief Justice and Judges may grant the
enrollment of a person not qualified as aforementioned, if in their
judgment, he is qualified by knowledge, ability and experience to
be enrolled as an Advocate.
5. The Chief Justice and the Judges may ?[**] select, from
time to time, from among those whose names are on the Roll of the
Advocates, persons who are judged, by their knowledge, ability
and experience, to be worthy of being granted the status of Senior
Advocate and on signing the Roll of Senior Advocates shall
assume the said status. ?[A Senior Advocate shall pay an
enrollment fee of Rs.5000/-].
6. No Advocate other than an Advocate-on-Record shall
appear or plead in any matter unless he is instructed by an
Advocate-on-Record.
? Deleted by Notification No. F. 59/80-SCA dated 11-01-2000
? Substituted by Notification No. F. 59/80-SCA dated 03-05-1989
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7. The Rolls of Senior Advocates, Advocates, and Advocateson-
Record shall be kept by the Registrar and shall contain such
particulars as the Court may, from time to time, require.
8. The dress for Senior Advocates, Advocates, and
Advocates-on-Record shall be short coat or sherwani of black
material. ?(The Senior Advocates shall wear the gowns throughout
the year.)"
9. A signing fee of Rs. ?[200/-] and Rs. ?[1000/-] shall be
charged from Senior Advocates and Advocates, respectively.
10. The Attorney-General shall have precedence over all
Advocates and Senior Advocates in the Court.
11. The Advocate-General of a Province shall have precedence
immediately after the Attorney-General:
Provided that the seniority of Advocates-General of
Provinces inter-se shall be determined in accordance with the dates
of appointment to their respective offices.
12. The Attorney-General, a Deputy Attorney-General, an
Advocate-General and an Additional Advocate-General shall, by
virtue of their offices, have the status of a Senior Advocate in the
Supreme Court, notwithstanding that their names are not borne on
the Roll of Senior Advocates.
13. Subject to the preceding rules of this Order, an Advocate
appearing before the Court shall have precedence among the
Senior or other Advocates, as the case may be, according to the
date of his enrolment as a Senior or other Advocate, in the Court.
14. An Advocate of five years standing in the Supreme Court
shall be qualified to be registered as an Advocate-on-Record, on
making an application in this behalf.
? Substituted by Notification No. F. 59/80-SCA dated 11-01-2000
? Substituted by Notification No. F. 59/80-SCA dated 03-05-1989
? Substituted by Notification No. F. 5980-SCA dated 14-07-1998
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15. No Advocate other than an Advocate-on-Record shall be
entitled to act for a party in any proceedings in the Court.
16. No Senior Advocate shall be registered as Advocate-on-
Record.
17. Every Advocate-on-Record shall --
(i) Subscribe before the Registrar a declaration in Form
2 or Form 3 of the Forms in the Sixth Schedule to
the Rules, as may be appropriate to his case,
undertaking to observe the Rules, Regulations,
orders and practice of the Court, and to pay all fees
or charges due and payable in any cause, matter or
appeal in the Court;
(ii) subscribe similarly an indemnity bond in Form 4 of
the Forms in the said Schedule; and
(iii) pay an enrolment fee of Rs. 1[1000/-].
18. Every Advocate shall, before signing his Roll, produce
before the Registrar an authenticated copy of his enrollment
certificate form the Pakistan Bar Council and a certificate that he is
still an Advocate of the High Court.
19. Every Advocate-on-Record shall have an office at the seat
of the Main Registry or at the seat of any Branch Registry and
shall notify the Registrar of the address of his office and of any
change of address, and any notice, writ, summons or other
documents delivered or sent through post to the Advocate-on-
Record at the address so notified by him shall be deemed to have
been properly served.
20. Two or more Advocates-on-Record may enter into
partnership with one another, and any one of them may act in the
1 Subs. Notification No.F.59/80-SCA dated 03-05-1989
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name of the partnership, provided that the firm has an office at the
seat of the Main Registry or a Branch Registry and is registered
with the Registrar. The undertaking prescribed in rule 17
hereinbefore contained in this Order, shall be subscribed separately
by all the partners on behalf of the firm. Any change in the
composition of the firm shall be intimated to the Registrar. Any
firm of Advocates-on-Record may, in addition to principal office at
the seat of the Court or a Branch Registry, also maintain Branch
Office at any district headquarters or other center of litigation,
provided that such Branch Offices is under the management and
control of a member of the firm who has received training at the
principle office of the firm for a period of not less than one year.
21. An Advocate-on-Record who wishes to have his name
removed from the Roll of Advocates-on-Record shall apply by
petition, verified by an affidavit, entitled " In the matter of
…………. an Advocate-on-Record in this Court", and stating the
date of his enrolment as an Advocate-on-Record, the reasons why
he wishes his name to be removed, that no application or other
proceeding in any Court is pending , or is likely to be instituted
against him, and that no fees are owing to the Court for which he is
personally liable.
22. Every Advocate-on-Record shall, before acting on behalf of
any person or party, file in the Registry a power of attorney in the
prescribed form authorizing him to act.
23. No person having an Advocate-on-Record shall file a power of
attorney authorizing another Advocate-on-Record to act for him in
the same case save with consent of the former Advocate-on-
Record or by leave of the Court, unless the former Advocate-on-
Record is dead, or is unable by reason of infirmity of mind or body
to continue to act.
24. No. Advocate-on-Record shall without leave of the Court
withdraw from the conduct of any case by reason only of nonpayment
by his client of fees, costs and other charges.
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25. Every Advocate-on-Record in the case shall be personally
liable to the Court for due payment of all fees and charges payable
to the Court.
26. No person having an Advocate-on-Record in the case shall
be heard in person save by special leave of the Court:
Provided that where a person is not represented by an
Advocate-on-Record or has been permitted by the Court to appear
in person, he shall be subject to same discipline and restrictions as
are applicable to an Advocate-on-Record.
27. No Advocate-on-Record shall authorize any person, except
another Advocate-on-Record to do any act in his name in any case.
The authorization shall be in writing.
28. Where a party changes his Advocate-on-Record, the new
Advocate-on-Record shall give notice of the change to all parties
concerned.
29. A Senior Advocate, or an Advocate or an Advocate-on-
Record who wishes to suspend his practice by reason of his
appointment to any office of profit under the Gove rnment, or his
being engaged in another profession or for any other reason, shall
give intimation thereof to the Registrar.
30. Where, on the complaint of any person or otherwise, the
Chief Justice or the Court is of the opinion that a Senior Advocate
or an Advocate or an Advocate-on-Record has been guilty of
misconduct or conduct unbecoming of an Advocate, with regard to
any matter concerning the Court, the Chief Justice or the Court
may either after affording him an opportunity of oral hearing, take
such disciplinary action, including suspension and removal form
practice of the Court, against him as it may deem fit, or refer to the
Pakistan Bar Council for inquiry and action under the Legal
Practitioners and Bar Council Act, 1973.
31. In an appropriate case, where the Chief Justice or the Court
is of the opinion that a Senior Advocate or an Advocate-on-Record
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is unfit to act and plead as such, the Chief Justice or the Court may,
after providing him an opportunity of oral hearing, direct removal
of his name from the Roll of Senior Advocates or of Advocateson-
Record, as the case may be.
32. Nothing in this Order shall be deemed to limit or otherwise
affect the inherent powers of the Court to make such order and take
such action as may be necessary for the conduct and proceedings
of the Court.]
ORDER V
BUSINESS IN CHAMBERS
1. The powers of the Court in relation to the following matters
may be exercised by the Registrar:-
(1) Application for revivor or substitution.
(2) Application for discovery and inspection.
(3) Application for delivery of interrogatories.
(4) Certifying of cases as fit for employment of
Advocates.
(5) Application for substituted service.
(6) Registration of petitions, appeals, suits and
other matters.
(7) Application for time, to plead, for
production of documents and generally
relating to conduct of cause, appeal or
matter and to allow from time to time any
period or periods not exceeding six weeks,
in the aggregate, and for doing any other act
necessary to make a cause, petition or appeal
complete.
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(8) Approval of Translator.
(9) Approval of Interpreter.
(10) Application for payment in to Court.
(11) Application for change of Advocate-on-
Record.
(12) Application by Advocate-on-Record for
leave to withdraw.
(13) Application for search, inspection or getting
copies of any document or record by parties
to proceedings and third parties on payment
of prescribed fees and charges.
(14) Application for return of documents.
(15) Determination of the quantum of court fee
payable in respect of any document.
(16) Application for issue of a refund certificate
in respect of excess court fee paid by
mistake.
(17) Application for a transcript record instead of
printed record.
(18) Application for production of documents
outside Court premises.
(19) Application for further particulars, better
statement of claim or defence.
(20) Application for payment of money out of
Court or handing over or discharge of
security.
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(21) Application for enforcing payment of costs.
(22) Application for extend ing returnable dates
of warrants.
(23) Application for taxation and delivery of bill
of costs, and for the delivery by an
Advocate-on-Record of documents and
papers.
(24) Application for bringing on record the legal
representatives of a deceased party.
(25) Show-cause notice to the parties who fail to
prosecute or defend appeals, petitions or
matters pending before the Court with due
diligence.
(26) Application for permission to exhibit or use
documents in a language other than Urdu or
English.
(27) Application for permission to get paperbooks
prepared outside the Court.
(28) Application for extension of time limit for
filing affidavits.
(29) Application for security for costs.
(30) Application for assignment of Security
Bonds.
(31) Setting down, cause, appeal or matter
ex-parte
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2. The power of the Court in relation to the following matters
may be exercised by a Single Judge, sitting in Chambers, but
subject to re-consideration, at the instance of any aggrieved party
by a Bench of not less than three Judges, which may include the
Judge who dealt with the matter:-
(1) Application for leave to compromise or
discontinue a pauper appeal.
(2) Application for striking out or adding a
party.
(3) Application for separate trials of causes of
action.
(4) Application for separate trials to avoid
embarrassment.
(5) Rejection of plaint.
(6) Application for setting down for judgment in
default of written statement.
(7) Application for striking out any matter in a
pleading.
(8) Application for amendment of pleading.
(9) Application for enlargement of time to
amend.
(10) Application for withdrawal of suit, appeal or
petition, for rescinding leave to appeal and
for dismissal for non-prosecution.
(11) Application to tax bills returned by Taxing
Officer.
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(12) Application for costs of taxation where onesixth
is taxed off.
(13) Application for review of taxation by Court.
(14) Application for enlargement or abridgement
of time except those covered by item 7 of
rule 1 and application for condonation of
delay in filing petition for leave to appeal.
(15) Application for issue of commissions.
(16) Application for order against clients for
payment of costs.
(17) Application for production of evidence by
affidavit.
(18) Application for stay of execution of a decree
or order in Civil proceedings.
(19) Application for stay of execution of a
sentence or order in Criminal proceedings.
(20) Application for grant of bail.
(21) Application to set aside ex-parte orders.
(22) Consent petitions.
3. An appeal shall lie from the Registrar in all cases to the
Judge in Chambers.
4. An application for reconsideration under rule 2 and an
appeal under rule 3 shall be filed within thirty days of the date of
the order complained of.
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5. The Registrar may, and if so directed by the Judge in
Chambers, shall at any time adjourn any matter and place it before
the Judge in Chambers, and the Judge in Chambers may at any
time refer any matter to the Court, and the Court may direct that
any matter shall be transferred from the Registrar or the Judge in
Chambers to the Court.
ORDER VI.
NOTICES OF MOTION.
1. Save as otherwise provided by law or these Rules, all
applications shall be made before the Court on motion after notice
to the parties affected thereby. Where the delay caused by notice
would or might entail prejudice or hardship, an application may be
made duly supported by an affidavit, for an ad-interim order exparte,
and the Court, if satisfied that the delay caused by notice
would entail prejudice or hardship, may make order ex-parte upon
such terms as to costs or otherwise, and subject to such
undertaking, if any, as the Court may deem just, pending orders on
the main application by notice of motion.
2. A notice of motion shall be instituted in the suit or matter in
which the application is intended to be made and shall state the
time and place of application and the nature of the order asked for
and shall be addressed to the party or parties intended to be
affected by it and their Advocate-on-Record, if any, and shall be
signed by the Advocate-on-Record of the party moving, or by the
party himself where he acts in person.
3. Save by leave of the Court, the notice of motion together
with the affidavit in support thereof, shall be served on the
opposite party not less tha n 8 days before the day appointed for the
motion and the affidavit of service together with the
acknowledgement receipt of the service of the notice shall be filed
in the Registry at least 3 days before the day appointed for the
motion. Counter affidavits, if any, shall be filed in the Registry
during office hours not later than one hour before the closing of the
Registry on the day preceding the day of hearing and copies of
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those affidavits shall be served on the other parties to the motion
and the affidavits shall not be accepted in the Registry unless they
contain an endorsement of service signed by the other party or
parties.
4. Notice shall be given to the other party or parties of all
grounds intended to be urged in support of, or in opposition to, any
motion.
5. Save by leave of the Court, no affidavit in support of the
application beyond those specified in the notice of motion, nor any
affidavit in answer or reply filed later than the time prescribed in
these Rules shall be used at the hearing or allowed on taxation.
6. Save as otherwise ordered, the costs of a motion in a suit or
proceedings shall be treated as costs in that suit or proceeding.
ORDER VII.
DOCUMENTS.
1. The officers of the Court shall not received any pleading,
petition, affidavit or other document, except original exhibits and
certified copies of public documents, unless it is fairly and legibly
transcribed on one side of standard petition paper, demy-foolscap
size. Copies of documents, if not forming part of the record of the
Court appealed from, filed for the use of this Court, shall be
certified to be true copies by the Advocate-on-Record for parties
presenting the same.
2. Any document in a language other than Urdu or English
shall be accompanied by its translation in either of the two
languages in accordance with the Rules.
3. Every document required to be translated shall be translated
by a translator nominated or approved by the Court on payment of
prescribed fees:
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Provided that a translation attested by the Advocate-on-
Record for both parties, 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, and at the end of the
documents he shall certify in writing, signed by him, that the
translation is correct.
5. Except as otherwise provided in these Rules all plaints,
petitions, appeals and other documents shall be presented in person
by the party or by an Advocate-on-Record duly appointed by the
party.
6. Except as otherwise provided in 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 all documents
mentioned therein.
7. The Registrar may decline to receive any document which
is presented otherwise than in accordance with these Rules.
ORDER VIII.
AFFIDAVITS.
1. The Court may at any time, for sufficient reason, order that
any particular fact or facts may be proved by affidavit, or that the
affidavit of any witness may be read at the hearing, on such
conditions as the Court deems reasonable:
Provided that no such order shall be passed where it
appears to the Court that either party bona fide desires the
production of a witness for cross-examination and that such
witness can be produced, without unreasonable delay or expense.
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2. Upon an application evidence may be given by affidavit,
but the Court may, at the instance of the other party, order the
attendance of the deponent in the Court for cross-examination,
unless he is exempt from personal appearance or the Court
otherwise directs.
3. Every affidavit shall be entitled in the cause, matter or
appeal in which it is sworn.
4. Every affidavit shall be drawn up in first person, and shall
be divided into paragraphs to be numbered consecutively, and shall
state the description, occupation, if any, and the true place of abode
of the deponent.
5. Affidavits shall be confined to such facts as the deponent is
able of his own knowledge to prove, except on interlocutory
applications, on which statement of his belief may be admitted,
provided that the grounds thereof are stated.
6. The costs occasioned by any unnecessary prolixity in the
title to an affidavit or otherwise shall be disallowed by the Taxing
Officer.
7. An affidavit requiring interpretation to the deponent shall
be interpreted by an interpreter nominated or approved, by the
Court, if made at the seat of the Court, and if made elsewhere shall
be interpreted by a competent person who shall certify that he has
correctly interpreted the affidavit to the deponent.
8. Affidavits for the purposes of any cause, matter or appeal
before the Court may be sworn before any authority mentioned in
section 139 of the Code or before the Registrar of this Court, or
before a commissioner generally or specially authorized in that
behalf by the Chief Justice.
9. Where the deponent is a pardahnashin lady shall be
identified by a person to whom she is known and that person shall
prove the identification by a separate affidavit.
- 21 -
10. Every exhibit annexed to an affidavit shall be marked with
the title an number of the cause, matter or appeal and shall be
initialed and dated by the authority before whom it is sworn.
11. No affidavit having any interlineation, alteration or erasure
shall be filed in the Court unless the interlineation or alteration is
initialed, or unless in the case of an erasure the words or figures
written on the erasure are rewritten in the margin and initialed, by
the authority before whom the affidavit is sworn.
12. The Registrar may refuse to receive an affidavit where, in
his opinion, the interlineations, alterations or erasures are so
numerous as to make it expedient that the affidavit should be
rewritten.
13. Where a special time limit is prescribed for filing affidavits,
no affidavit, filed after that time shall be used except by leave of
the Court.
14. In this Order “affidavit” includes a petition or other
document required to be sworn and “sworn” shall include
“affirmed”.
ORDER IX.
INSPECTION, SEARCH, ETC.
1. Subject to the provisions of these Rules, a party to any
cause, matter or appeal, who has appeared shall be allowed to
search, inspect or get copies of all pleadings and other documents
or records in the case, on payment of the prescribed fees and
charges.
2. The Court, at the request of a person not a party to the
cause, matter or appeal, may on good cause shown allow such
search or inspection or grant such copies as is or are mentioned in
- 22 -
the last preceding rule, on payment of the prescribed fees and
charges.
3. A search or inspection under the last two preceding rules
during the pendency of a cause, matter or appeal, shall be allowed
only in the presence of an officer of the Court and after ‘twentyfour’
hours notice in writing to the parties who have appeared, and
copies of documents shall not be allowed to be taken, but notes of
the search or inspection may be made.
4. Copies required under any of the preceding rules of this
Order may be certified as correct copies by any officer of the Court
authorized in that behalf by the Registrar.
5. No record or document filed in any cause, matter or appeal
shall, without the leave of the Court, be taken out of the custody of
the Court.
ORDER X.
JUDGMENTS, DECREES AND ORDERS.
1. The court, after the case has been heard, shall pronounce
judgment in open court, either at once or on some future day, of
which due notice shall be given to the parties or their Advocateson-
Record and the decree or order shall be drawn up in accordance
therewith.
2. Subject to the provisions contained in Order XXVI, a
judgment pronounced by the Court or by majority of the Court or
by a dissenting Judge in open Court shall not afterwards be altered
or added to, save for the purpose of correcting a clerical or
arithmetical mistake or an error arising from any accidental slip or
omission.
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3. Certified copies of the judgment, decree or order shall be
furnished to the parties on application made for the purpose and at
their expense.
4. Every decree or order made by the Court shall be drawn up
in the Registry and be signed by the Registrar or 1[Additional
Registrar or] Deputy Registrar or Assistant Registrar and sealed
with the Seal of the Court and shall bear the same date as the
judgment.
5. Every order made by the Registrar or other Officer shall be
drawn up in the Registry and signed by the Registrar or other
Officer as the case may be.
6. In case of doubt or difficulty with regard to a decree or
order made by the court, the Registrar shall, before issuing the
draft, submit the same to the Judge in Chambers.
7. Where a draft of any decree or order is required to be
settled in the presence of the parties, the Registrar shall, by notice
in writing, appoint a time for settling the same and the parties shall
attend accordingly and produce their briefs and such other
documents as may be necessary to enable the draft to be settled.
8. Where any party is dissatisfied with any decree or order as
settled by the Registrar, the Registrar shall not proceed to complete
the decree or order without allowing that party sufficient time to
apply by motion to the Court.
9. The decree passed or order made in every appeal and a
direction or writ issued in any matter by the Court shall be
transmitted by the Registrar to the Court, tribunal or other
authority concerned from whose judgment, decree or order the
appeal or matter was brought, and any such decree, order or
direction shall be executed and enforced as if it had been made and
issued by the High Court of the appropriate province.
1 Inserted vide notification No. F.59/80-SCA. dated 27-08-2003
- 24 -
10. Any order as to the costs of proceedings in the Court, as
soon as the amount of the costs to be paid is ascertained, shall be
transmitted by the Registrar to the Court or tribunal appealed from
or to any other authority concerned, and shall be given effect to by
that Court, tribunal or authority as if it were an order made by the
High Court of the appropriate province.
11. If any question arises as to which High Court shall give
effect to the decree, order, direction or writ of this Court, it shall be
decided by the Court.
ORDER XI
CONSTITUTION OF BENCHES.
Save as otherwise provided by law or by these Rules every cause,
appeal or matter shall be heard and disposed of by a Bench
consisting of not less than three Judges to be nominated by the
Chief Justice:
1[Provided that
(i) all petitions for leave to appeal except
petitions against acquittal, and
(ii) appeals from appellate and revisional
judgments, and orders made by a Single
Judge in the High Court,
?[(iii) appeals from judgments/orders of the
Service Tribunals or Administrative Courts,
and appeals involving grant of
bail/cancellation of bail,]
1 Subs by Notification No. F.59/80-SCA, dated.11-1-2000
? Added by Notification No. F-5980-SCA, dated. 10-07-2002.
- 25 -
may be heard and disposed of by a bench of two Judges, but the
Chief Justice may, in a fit case, refer any cause or appeal as
aforesaid to a larger Bench].
Provided further that if the Judges hearing a petition
or an appeal are equally divided in opinion, the petition or appeal,
as the case may be, shall, in the discretion of the Chief Justice, be
placed for hearing and disposal either before another Judge or
before a larger Bench to be nominated by the Chief Justice.
PART-II
APPELLATE JURISDICTION.
ORDER XII.
CIVIL APPEALS UNDER ARTICLE 185(2) (d) (e) and (f) OF
THE CONSTITUTION.
1. No notice of motion in relation to a Civil Appeal under this
Order shall be entertained unless it is accompanied by a certificate
issued by the High Court concerned that the case involves a
substantial question of law as to interpretation of the Constitution
or by a certificate as set out in Form 13 or 14 of the Sixth Schedule
to these Rules.
2. The petition of appeal shall be presented within thirty days
from the date of the grant of the certificate by the High Court or
the date of impugned judgment, decree or final order of the High
Court:
Provided that the Court may for sufficient cause extend the
time.
3. The petition of appeal shall set forth the appellant's
objections to the decision of the High Court and the appellant shall
- 26 -
not, except by leave of the Court, urge or be heard in support of
any other ground, but the Court, in deciding the appeal, shall not
be confined to the grounds of objections set forth in the petition of
appeal or urged by the leave of the Court under this rule:
Provided that the Court shall not rest its decision on any
other ground unless the party who may be affected thereby has had
a sufficient opportunity of contesting the appeal on that ground.
4. The petition of appeal shall be accompanied by:
(i) certified copies of the judgment and decree
or final order appealed against, and of
Courts below;
(ii) a certified copy of the certificate granted
under Article 185 (2) (f) where that
certificate is not embodied in the judgment;
and
(iii) an affidavit of service of copy of the petition
of appeal on the respondent.
5. Within thirty days of the service on him of the petition of
appeal, a respondent may, if he so desires, file in the Court his
objections, if any, to the grounds taken by the appellant in his
petition of appeal, and to the appellant's right to raise in the appeal
any question other than those bearing on the question of law to
which the certificate relates.
6. The liability of the parties to pay court- fee in this Court,
unless otherwise ordered by this Court, shall not be affected by any
order for consolidation of appeals made by the High Court or by
this Court.
7. The provisions contained in the succeeding Orders in this
Part of the Rules shall apply, mutatis mutandis to appeals under
this Order.
- 27 -
1[8. The provisions contained in this Order shall apply mutatis
mutandis to the appeals which are filed under other laws for the
time being in force]
ORDER XIII.
PETITIONS FOR LEAVE TO APPEAL IN CIVIL
PROCEEDINGS.
1. A petition for leave shall be lodged in this Court within
sixty days of the judgment, decree or final order sought to be
appealed from or as the case may be, within thirty days from the
date of the refusal of grant of certificate under Article 185 (2) (f)
by the High Court:
Provided that the Court may for sufficient cause extend the
time.
2. A petition for leave to appeal shall state succinctly and
clearly 2[all points of law which arise for determination and], all
such facts as it may necessary to state in order to enable the Court
to determine whether such leave ought to be granted, and shall be
signed by the counsel and or Advocate-on-Record for the
petitioner or by the party himself if he appears in person. The
petition shall deal with the merits of the case only so far as is
necessary for the purpose of explaining and supporting the
particular grounds upon which leave to appeal is sought and where
petition is moved through an Advocate-on-Record, it shall cite all
previous decisions of the Court, which to the best of his
knowledge, bear on the question sought to be raised in the petition.
3. The petitioner shall lodge at least three copies, unless
required otherwise by the Court , of:-
(i) his petition for leave to appeal;
1 Inserted by Notification No. F-59/80 SCA, dated 27-08-2003
2 Added by Notification No.F.59/80-SCA. dated 18-8-1980.
- 28 -
(ii) the judgment, decree, final order sought to
be appealed from, one copy of which shall
be certified as correct, together with grounds
of appeal or application before the High
Court;
(iii) paper book of the High Court, if any, and
the other record duly attested by the
Advocate-on-Record of the petitioner;
(iv) the order of the High Court refusing grant of
certificate, if any, under Article 185 (2) (f);
(v) an affidavit in support of allegations of fact
prescribed by Rule 4 of Order XVII,
hereinafter contained; and
(vi) unless a caveat, as prescribed by Order
XVII, Rule 2, has been lodged by the other
party, who had appeared in the courts below,
an affidavit of service of notice of the
intended petition upon such party. The
petitioner shall, on demand, furnish to other
parties, at their expense, on the prescribed
charges, copies of all or any of the
documents filed by him in the Court.
4. In an appropriate case the Registrar may require the
petitioner to supply, in advance of the hearing of the petition,
copies of the orders made in the case by all Courts subordinate to
the High Court as well as grounds of the petition of any earlier
appeal in case these documents are not already included in the
paper book or record of the appeals as mentioned in Rule 3 of this
Order.
5. Save in cases where caveat as prescribed by Rule 2 of
Order XVII has been lodged by the other party who appeared in
the Court appealed from, petitions for leave to appeal shall be
heard ex-parte, but the Cour t may direct the petitioner to issue
- 29 -
notice to the other party as it may deem fit, and adjourn the hearing
of the petition which shall be posted for hearing after service of
notice on the party concerned and upon affidavit of service by the
petitioner. Where the other party who has appeared in the Court
appealed from has lodge a caveat as aforesaid, notice of the
hearing of the petition shall be given to the caveator, but a caveator
shall not be entitled to costs of the petition unless the Court
otherwise orders.
6. Where the Court grants leave to appeal it shall, in its order,
give such directions, as it may deem fit, for the provision of
security by the petitioner for the costs of the respondents as may be
awarded by the Court on the disposal of the appeal as well as for
printing charges. These directions, as far as they relate to security
for costs, shall be subject to modifications at the instance of any
party, at any time prior to the hearing of the appeal.
7. Subject to the provisions of these Rules no appeal by leave
of this Court shall be fixed for hearing unless the amount of
security has first been deposited and subject to any directions of
the Court in this behalf, the deposit shall be made within a period
of one month from the date of grant of leave to appeal, failing
which the leave shall stand rescinded unless otherwise ordered by
the Court.
8. Except where otherwise ordered by the Court, the security
shall be deposited in cash in the State Bank of Pakistan, under a
challan to be issued by the Registrar.
9. Where the appellant has lodged security for the costs of the
respondent as well as for the printing charges of the paper-book,
the Registrar shall deal with such security in accordance with the
directions contained in the order of the Court determining the
appeal.
10. After the grant of leave to appeal by this Court, the case
shall be registered as an appeal and the Registrar shall transmit a
certified copy of the order of the Court to the Registrar of the
Court appealed from.
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11. Where a petitioner, who has obtained leave to appeal
desires, prior to the receipt of the original record of the appeal in
this Court, to withdraw his petition, he shall make an application to
that effect to the Court and the Court may thereupon make an order
dismissing the petition. The security, if entered into by the
appellant, shall be dealt with in such manner as the Court may
deem fit to direct.
12. Save as otherwise provided by the preceding rules of this
Order, the provisions of Order XVII hereinafter contained shall
apply mutatis mutandis to petitions for leave to appeal.
13. The provisions contained in Order XXI shall apply, as far as
applicable, in the case of any person seeking leave to appeal to the
Court as a pauper.
ORDER XIV
PREPARATION OF RECORD
1. As soon as a petition of appeal has been lodged in the
Registry under Order XII or the Court has made an order granting
leave to appeal under Order XIII , the appeal shall be registered
and the appellant shall, within 60 days, file in the Registry the
required number of copies of the record and of the additional
documents, 1[ * * * * * ] ?[“If so ordered by the Court, otherwise
the appellant shall without delay take all necessary steps to have a
printed/cyclostyled record prepared in the Registry.]
2. Where an appeal has been admitted by an order of this
Court, the Registrar shall notify the respondents of the order of this
Court granting leave to appeal, and shall also transmit a certified
copy of the order to the Registrar of the High Court concerned.
1 Omitted by Notification No.F.59/80-SCA. dated 26-7-1982.
? Added by Notification No. F.59/80-SCA. dated 26-07-1982.
- 31 -
3. The Registrar shall then send for the original record from
the High Court, and the Registrar of the High Court shall, with all
convenient speed, arrange for the transmission of such record to
the Registrar of this Court. If printed-paper books had been
prepared for use in the High Court, at least twelve copies thereof
shall also be transmitted along with the original record.
4. (i) Where the appellant fails to have the record
prepared with due diligence, the Registrar shall call
upon him to explain his default, and, if no
explanation is offered or if the explanation offered
is in the opinion of the Registrar, unsatisfactory, the
Registrar may issue a summons to the appellant
calling upon him to show cause before the Court at
a time to be specified in the said summons why the
leave to appeal should not be rescinded. The
respondent shall be entitled to be heard before the
Court in the matter of the said summons and to ask
for his costs and such other relief as he may be
advised. The Court may, after considering the
matter of the said summons, rescind the grant of
leave to appeal, or give such other directions as the
justice of the case may require.
(ii) The respondent shall show due diligence in the
matter so far as is required of him, but negligence
on his part will not excuse delay in completion of
the record for which the appellant is primarily
responsible.
5. In the preparation of the record the printed paper books
prepared for the use of the High Court may be included, if
sufficient number of such paper books is available.
6. Within thirty days from the date of grant of leave to appeal,
the appellant shall pay Court Fee in respect of the appeal according
to the scale laid down in item No.2 of Part I of the Third Schedule
to these Rules.
- 32 -
7. Every appellant and each respondent, who has entered an
appearance, shall be entitled to receive for his use, a number of
copies of the paper book not exceeding three.
8. The parties shall be severally responsible for placing on the
paper book to be used at the hearing all documents that may be
necessary for the due appreciation of the case. In case of objection
by any party to the inclusion or non-inclusion of any document
which is desired by any other party, such document shall be
included but at the cost of the party desiring such inclusion,
provided that if the Court, when deciding the appeal, considers that
any document so included, was either inadmissible in evidence, or
wholly irrelevant or unnecessary for the purpose of the appeal, the
costs incurred in respect of such document shall be borne
exclusively by the party at whose instance such document was
included.
9. For purpose of completion of the record it shall be
necessary to include certified copies of the documents, and in case
they are not available copies certified by the Advocate-on-Record
to be a true copy shall be filed.
10. As soon as the record has been made ready, the Registrar
shall require the parties, who have entered appearance, to certify
the record to be correct and complete. The parties shall, thereafter,
under the directions of the Registrar take, with due diligence,
further steps required to be taken under these Rules preliminary to
the hearing of the appeal.
1[11. Except where otherwise ordered by the Court, the
provisions contained in these Rules shall not be applicable where a
petition on grant of leave to appeal has been converted into an
appeal by the Court and disposed of accordingly. The appeal shall,
however, be registered.]
1 Add. By Notification No.F.59/80-SCA. dated 16-7-1987.
- 33 -
ORDER XV.
WITHDRAWAL OF APPEAL, NON-PROSECUTION OF
APPEAL,
CHANGE OF PARTIES.
1. Where an appellant desire to withdraw his appeal he shall
make an application to that effect to the Court. The costs of the
appeal and the security, entered into by the appellant, if any, shall
then be dealt with in such manner as the Court may deem fit.
2. If an appellant fails to take any steps in the appeal within
the time fixed for the same by these Rules, or, if no time is
specified, it appears to the Registrar that the appellant is not
prosecuting his appeal with due diligence, the Registrar shall call
upon him to show cause why the appeal should not be fixed before
the Court for dismissal on account of non-prosecution.
3. The Registrar shall send a copy of the summons mentioned
in the last preceding rule to every respondent who has entered an
appearance and every such respondent shall be entitled to be heard
before the Court and to ask for his costs and other relief.
4. The Court may, after hearing the parties, dismiss the appeal
for non-prosecution or give such other directions thereon as the
justice of the case may require.
5. An appellant whose appeal has been dismissed for nonprosecution
may, within thirty days of the order, present a petition
praying that the appeal may be restored and the Court may, after
giving notice of such application to the respondent, who had
entered appearance in the appeal, restore the appeal if sufficient
cause is shown on such terms as to costs or otherwise as it deems
fit:
- 34 -
Provided that the Court may for sufficient cause extend the
time for making such an application.
6. Where at any time after the grant of leave to appeal the
record is found to be or becomes defective by reason of the death
or change of status of a person who was a party to the decree or
other decision by the lower Court, it shall be the duty of the
appellant to make an application in that behalf, and the Court, may
on such application, or on application by any other person
interested, grant a certificate showing who in the opinion of the
Court, is the proper person to be substituted or entered on the
records, in place of, or in addition to, the party on the record, and
the name of such person shall thereupon be deemed to be so
substituted or entered on the record as aforesaid.
7. An application to bring to record the legal representatives
of an appellant or a respondent, who has died or suffered a charge
of status, shall be made within 90 days of such occurrence:
Provided that the Court may, for sufficient cause extend the
time.
ORDER XVI.
APPEARANCE BY RESPONDENT
1. The respondent shall enter an appearance within 30 days of
the receipt of notice from the Registrar regarding grant of leave to
appeal to the appellant, under Rule 2, Order XIV, but he may enter
an appearance at any time before the hearing of the appeal on such
terms as the Court may deem fit.
2. The respondent shall forthwith after entering an appearance
give notice thereof to the appellant and endorse a copy of such
notice to the Registry.
3. Where there are two or more respondents, and only one, or
some, of them enter an appearance, the Appearance Form shall set
out the names of the appearing respondents.
- 35 -
4. Two or more respondents may, at their own risk as to costs,
enter separate appearances in the same appeal.
5. A respondent who has not entered appearance shall not be
entitled to receive any notice relating to the appeal from the
Registrar.
6. Where a respondent fails to enter appearance in an appeal
within 30 days of service upon him of the notice issued by the
Registry under Rule 10 of the Order XIV of the Rules the appeal
may be set down ex-parte as against the said non-appearing
respondent. The Registrar shall give notice of the appeal having
been set down ex-parte to the non-appearing respondent:
Provided that the Court may condone the delay and grant
such further time to the non-appearing respondent as it may deem
fit.
ORDER XVII.
PETITIONS GENERALLY
1. All petitions shall consist of paragraphs numbered
consecutively and shall be fairly and legibly written, type-written
or lithographed on one side of standard petition paper demyfoolscap
size 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 to which the petition relates, or the full title
of the petition as the case may be an the name and address of the
Advocate-on-Record, if any, of the petitioner or of the petitioner
where the petitioner intends to appear in person. Unless the
petition is a Consent Petition within the meaning of Rule 8 of this
Order at least three copies thereof shall be filed.
2. Where petition is expected to be filed or has been filed,
which does not relate to any appeal pending in the Registry, any
person claiming a right to appear before this Court on the hearing
of such petition may lodge a caveat in the matter thereof, and shall
- 36 -
thereupon be entitled to receive from the Registrar notice of the
filling of the petition, if at the time of the lodging of the caveat
such petition has not yet been filed and, if and when the petition
has been filed, to require the petitioner to serve him with a copy of
the petition and to furnish him, at his own expense, with copies of
any papers filed, by the petitioner in support of his petitio n. The
caveater shall forthwith, after lodging his caveat give notice
thereof to the petitioner, if the petition has been filed.
3. Where a petition is filed in the matter of any appeal
pending in the Registry, 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 the expense of the said
party, with copies of any papers filed by the petitioner in support
of his petition.
4. A petition not relating to any appeal pending in the
Registry and any other petition containing allegations of fact which
cannot be verified by reference to the record or any certificate or
duly authenticated statement of the Court appealed from, shall be
supported by an affidavit. Where the petitioner prosecutes his
petition in person, the said affidavit shall be sworn by the
petitioner himself and shall state therein that to the best of the
deponent’s knowledge, information and belief, the allegations
contained in the petition are true. Where the petitioner is
represented by an Advocate-on-Record the said Affidavit may be
sworn by such Advocate-on-Record and shall, besides stating that,
to the best of the deponent’s knowledge, information and belief,
the allegations contained in the petition are true, show how the
deponent obtained his instructions and the information enabling
him to present the petition.
5. The Registrar may refuse to receive a petition on the
grounds that it has not been filed in accordance with the Rules or is
frivolous or contains scandalous matter, but the petitioner may
appeal from such refusal to the Judge in Chambers within fourteen
days.
- 37 -
6. As soon as a petition and all necessary documents are filed
the petition shall be registered.
7. Subject to the provisions of Rule 5 of Order XIII, and the
next following rule, the Registrar shall as soon as the Court, has
appointed a day for the hearing of a petition, notify all parties
concerned of the day so appointed.
8. Where the prayer made in 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 deems fit, make an
order thereon, without requiring the attendance of the opposite
party, and the Registrar shall not in any such case issue notice as
provided by the last preceding rule, but shall, with all convenient
speed, after the Court has made its order, notify the parties
concerned that the order has been made and 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 un-opposed, 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 deems fit, be
disposed of in the same way mutatis mutandis as a Consent
Petition under the provisions of the last preceding rule.
10. Where a petitioner unduly delays bringing 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, unsatisfactory, the Registrar may, after
notifying all parties interested, place the petition before the Court
for such directions as the Court may deem fit to give thereon.
11. At the hearing of a petition not more than one counsel shall
be allowed to be heard on one side.
- 38 -
1[“12. Where in the opinion of the Court a petition or application,
is frivolous or vexatious, the Court may direct the petitioner or
applicant to deposit forthwith a specified amount as costs of the
proceedings, which may be forfeited or paid to the opposite party
in the discretion of the Court.”]
ORDER XVIII.
LODGING OF CONCISE STATEMENT AND
SUPPLEMENTAL PROCEEDINGS
1. The appellant and the respondent may lodge in the Registry
the required number of copies of their concise statements of the
facts of the case and of the arguments upon which they propose to
rely at any time before the appeal is set down for hearing.
2. Two or more respondents may, at their own risk as to costs,
file separate concise statements in the same appeal.
3. Each party shall after filing his concise statement, forthwith
give notice thereof to the other party and shall thereafter be entitled
to receive two copies of the concise statement filed by the opposite
party on his applying therefore.
4. The concise statement shall consist of paragraphs
numbered consecutively and shall state, as precisely as possible, in
chronological order, the principal steps in the proceedings leading
up to the appeal from the commencement thereof down to the
admission of the appeal, and thereafter, the contentions to be urged
by the party filing the same, and the reasons, therefore, and shall
be printed or neatly typed with quarter margin, on one side of
standard petition paper, of the same size as the printed record.
Reference by page and line to the relevant portions of the record as
printed shall, as far as practicable, be printed or typed in the
margin, and care shall be taken to avoid, as far as possible, the
reproduction in the concise statement of long extracts from the
record. The counsel preparing the concise statement shall also cite
1 Subs. By Notification N.F.59/80-SCA. dated 6-7-1986.
- 39 -
all previous decisions of the Supreme Court to the best of their
knowledge, bearing on the questions proposed to be raised in the
appeal. The taxing Officer in taxing the costs of the appeal shall,
either of his own motion, or at the instance of the opposite party,
enquire into any unnecessary prolixity in the concise statement,
and may disallow the costs occasioned thereby.
5. The paper book of the appeal shall be arranged in the
following order:-
(1) Printed or type record;
(2) Supplementary record, if any;
(3) Appellant’s concise statements, if any; and
(4) Respondent’s concise statement, if any
The front cover shall bear a printed label stating the title
and Supreme Court number of the appeal, the contents of the
volume and the names and addresses of the parties’ Advocates-on-
Record. The short title and Supreme Court number of the appeal
shall also be shown at the back.
ORDER XIX
HEARING OF APPEALS
1. All appeals filed in the Registry shall, as far as possible, be
heard in the order in which they are set down.
2. Adjournment of cases of all kinds for hearing shall only be
granted on proper application filed by Advocate-on-Record except
where it is sought by a party conducting his case in person.
3. The Registrar shall, subject to the provisions of Order XVI
notify the parties to the appeal of the date fixed for the hearing.
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4. Subject to the directions of the Court, at the hearing of an
appeal not more than two Advocates shall be heard on one side.
5. The appellant shall not, without the leave of the Court, rely
at the hearing on any grounds not specified in his petition of appeal
and the concise statement.
6. Where the Court, after hearing an appeal, decides to reserve
its judgment therein, the Registrar shall notify the parties
concerned of the day appointed by the Court for the announcement
of the judgment.
ORDER XX
MISCELLANEOUS
1. The filing of a petition for leave to appeal or an appeal shall
not prevent execution of the decree or order appealed against, but
the Court may, subject to such terms and conditions as it may
deem fit to impose, order a stay of execution of the decree or order,
or order a stay of proceedings, in any case under appeal to this
Court.
2. A respondent may apply for the Summary determination of
an appeal on the ground that it is frivolous or vexatious, or has
been brought for
the purpose of delay, and the Court shall make such order thereon
as it deems fit.
3. A party to an appeal who appears in person shall furnish
the Registrar with an address for service and all documents left at
that address, or sent by registered post to that address, shall be
deemed to have been duly served.
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ORDER XXI
PAUPER, APPEALS, PETITIONS, ETC.
1. The provisions of Order XLIV in the First Schedule to the
Code shall, with necessary modifications and adaptations, apply in
the case of any person seeking to appeal to the Court as a pauper.
2. An application for permission to proceed as a pauper shall
be made on petition, setting out concisely in separate paragraphs,
the facts of the case and the relief prayed, and shall be
accompanied by a certificate of counsel that the petitioner has
reasonable grounds of appeal. It shall be also accompanied by an
affidavit from the petitioner disclosing all the property to which he
is entitled and the value thereof, other than his necessary wearing
apparel and his interest in the subject-matter of the intended
appeal, and stating that he is unable to provide sureties, and pay
Court- fees. The Registrar on satisfying himself that the petition is
in order, may himself enquire into the pauperism of the petitioner
after notice to the other parties in the case and to the Attorney-
General, or refer the matter to the Registrar of the High Court, and
the High Court either itself or by a Court subordinate to the High
Court investigate into the pauperism after notice to the parties
interested and make a report thereon within thirty days after the
receipt of the reference from this Court:
Provided that no reference as aforesaid shall be necessary
where the petitioner had been permitted to prosecute his appeal in
forma pauperis in the Court appealed from.
3. The Court may allow an appeal to be continued in forma
pauperis after it has begun in the ordinary form.
4. Where the petitioner obtains leave of the Court to appeal as
a pauper he shall not be required to pay court- fees or to lodge
security for the costs of the respondent.
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5. Where the appellant succeeds in the appeal, the Registrar
shall calculate the amount of court-fees which would have been
paid by the appellant if he had not been permitted to appeal as a
pauper and incorporate it in the decree or order of the Court; such
amount shall be recoverable by the Federal Government from any
party ordered by the Court to pay the same, and shall be the first
charge on the subject-matter of the appeal.
6. Where the appellant fails in the appeal or is dispaupered the
Court may order the appellant to pay the Court- fees, which would
have been paid by him if he had not been permitted to appeal as a
pauper.
7. The Federal Government shall have the right at any time to
apply to the Court to make an order for the payment of proper
court- fees under the last two preceding rules.
8. In every pauper appeal the Registrar shall, after the disposal
thereof, send to the Federal Government a memorandum of the
court- fees due and payable by the pauper.
ORDER XXII
CRIMINAL APPEALS UNDER ARTICLE 185(2) OF THE
CONSTITUTION
1. Criminal Appeals under sub-clauses (a), (b) and (c) of
clause (2) of Article 185 shall be lodged within thirty days from
the date of the judgment or final order appealed from and in case
of criminal appeals under sub-clause (f) ibid, within thirty days
from the date of the certificate of the High Court:
Provided that the Court may for sufficient cause extend the
time.
2. The appeal shall be in the form of a petition in writing,
which shall be accompanied by a certified copy of the judgment or
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final order appealed against and in the case of an appeal under
Article 185(2) (f), also by a certified copy of a certificate granted
by the High Court. The appellant shall file at least twelve copies of
his petition and the accompanying documents for inclusion in the
paper book of the appeal.
3. The appellant, if he is in jail, may present his petition of
appeal and the accompanying document to the Officer- in-Charge
of the jail, who shall forward them forthwith to the Registrar of
this Court.
4. On receipt of the petition of appeal, the Registrar shall
cause
notice of the appeal to be given to the Attorney-General for
Pakistan or the Advocate-General of the Province concerned, or to
both, as the case may require, and in cases where the appeal is by
the Government to the accused and shall also furnish the Attorney-
General for Pakistan and or the Advocate-General of the province
concerned or the accused, as the case may be, with a copy of the
petition of appeal and the accompanying documents.
5. In the case of an appeal arising out of proceeding under the
Foreign Exchange Regulation Act, 1947, the Registrar shall cause
notice of the appeal to be given also to the Governor of the State
Bank of Pakistan, where the said Bank is not impleaded as a party.
6. The Registrar shall thereafter send a copy of the petition of
appeal to the High Court concerned for its record, and require the
Registrar of the High Court to transmit to this Court the original
record of the appeal alongwith the records of the Courts below
with all convenient speed. In case where paper books of the appeal
were printed/typed for use in the High Court, 12 copies thereof, or
such lesser number as the Registrar may specify, shall also be
transmitted alongwith the original record. The record shall be
prepared at the expense of the appellant, unless the Court orders
otherwise, but in appeals involving sentence of death, or
imprisonment for life the record shall be prepared at the expense of
the Government of the Province concerned.
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1[7. In a proper case, the Court may direct the engagement of an
Advocate for an accused person out of the panel of advocates
maintained for the purpose. In such a case the engagement of an
Advocate-on-Record to instruct the Advocate shall not be
necessary. The fee of Advocate so engaged shall be 2[six] thousand
rupees or such amount as may be fixed by the Court hearing the
petition/appeal.]
8. Due notice shall be given to the parties concerned of the
date fixed for the hearing of the appeal. The accused may, where
he so desires, present his case by submitting his arguments in
writing and the Court shall consider the same at the hearing of the
appeal.
9. The Court may, where it thinks fit so to do in the interests
of justice, direct the production of an accused person at the hearing
of the appeal.
10. After the disposal of the appeal the Registrar shall, with the
utmost expedition, send a copy of the Court’s judgment or order to
the High Court concerned.
11. Pending the disposal of any appeal under this Order the
Court may order that the execution of the sentence or order
appealed against be stayed on such terms as the Court may think
fit.
12. In criminal proceedings, no security for costs shall be
required to be deposited and no court fee, process fee or search fee
shall be charged except copying charges and in case of appeals
filed through the jail authorities, the copying fee shall also not be
charged.
1 Subs. By Notificatio n No.F.59/80-SCA, dt.12-05-2006 & shall be deemed to have taken effect
from 19-01-2006.
2 Subs. for the word "five" vide Notification No.59/80-SCA, dt.15-12-2008 and shall be deemed to
have taken effect from 21-11-2008 which was previously subs. Vide Notification No. 59/80-SCA
dt.14-04-2008 & was deemed to have been taken effect from 2-8-2007 for the word “three”.
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13. Save as aforesaid the provisions contained in the preceding
Orders in this Part shall, mutatis mutandis apply, so far as may be,
to criminal appeals under this Order, except that concise statement
will not be filed in Criminal Appeals unless ordered by the Court.
ORDER XXIII
PETITIONS FOR LEAVE TO APPEAL AND APPEALS
ARISING THERE FROM IN CRIMINAL PROCEEDINGS
1. Save as hereinafter provide the provisio ns with respect to
petitions for leave to appeal in civil proceedings contained in Order
XIII of this Part shall mutatis mutandis apply to petitions for leave
to appeal in criminal matters except that no court fee, process fee
or search fee shall be charged but the copying fee shall be charged
except in petitions through jail.
2. A Petition for leave to appeal in criminal matter shall be
lodged within thirty days from the date of judgment or final order
sought to be appealed from, or as the case may be, from the date of
the order refusing certificate under sub-clause (f) of clause (2) of
Article 185 of the Constitution:
Provided that the period limitation for a petition for leave to
appeal by the Attorney-General or the Advocate-General of a
Province against the judgment or order of acquittal shall be sixty
days from the date of such judgment or order:
Provided further that the Court may, for sufficient cause
shown, extend the time.
3. The petitioner, if he is in jail, may present his petition for
leave to appeal in respect of his own conviction alongwith the
accompanying documents, including any written arguments which
he may desire to advance, to the Officer- in-charge of the Jail who
shall forthwith forward them to the Registrar.
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4. Except in cases involving the sentence of death, the
Registrar shall place the petition and the accompanying documents
so received before the Court, and the Court may, upon perusal of
the papers, reject the petition summarily without hearing the
petitioner in person, if it considers that there is no sufficient ground
for granting leave to appeal.
5. In the case of a petition for leave to appeal involving a
sentence of death, the Registrar shall, as soon as the petition is
filed or received from the Office- in-charge of a Jail, intimate the
fact of the petition having been filed/received in the Court to the
Government of the Province concerned and thereupon the
execution of the sentence of death shall be stayed pending the
disposal of the petition, without any express order of the Court in
this behalf:
Provided that unless otherwise ordered by the Court this
rule shall not apply to the petitions filed on behalf of a condemned
prisoner, who has exhausted all his legal remedies by way of
petition for leave to appeal, appeal or review in this Court and
whose mercy petition has been rejected by the concerned
authorities.
6. As soon as necessary documents are available the Registrar
shall, if the petitioner has been sentenced to death, assign an
Advocate from a panel of amicus curie Advocates, and place the
petition before the Court for hearing. The fee of the Advocate so
assigned shall be 1[2[six] thousand rupees] or such amount as may
be fixed by the Court hearing the petition.
7. In the case of a petition for leave to appeal in respect of a
proceeding under the Foreign Exchange Regulation Act, 1947, the
Registrar shall cause notice of the petition also to be given to the
Governor of the State Bank of Pakistan, where the said Bank is not
impleaded as a party.
1 Subs. For “ Rs. 1000” by Notification No.F.59/80-SCA, dt. 12-05-2006 & shall be deemed to have
taken effect from 19-01-2006.
2 Subs. for the word "five" vide Notification No.59/80-SCA, dt. 15-12-2008 and shall be deemed to
have taken effect from 21-11-2008 which was previously subs. Vide Notification No. 59/80-SCA
dt.14-04-2008 & was deemed to have taken effect from 2-8-2007 for the word “three”.
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8. Pending the disposal of a petition under this Order, the
Court may direct that execution of any order for imprisonment or
fine, against which leave to appeal is sought, be stayed, on such
terms as the Court may deem fit:
Provided that unless surrender is first made to an order of
imprisonment, as above, the petition shall not be entertained:
Provided further, petitions involving bail before arrest may
be entertained and posted for hearing if the petitioner undertakes to
appear and surrender in Court.
9. In case the Court grants leave to appeal in a petition against
acquittal, the Court may direct that the respondent shall be arrested
forthwith and detained in judicial custody pending final disposal of
the appeal. During such detention, the respondent shall be treated
as an under-trial prisoner.
10. After the grant of petition or application for leave to appeal
by the Court the Registrar shall transmit a certified copy of the
order to the Court appealed from. The Court appealed from shall
then arrange for the transmission of the original record of the
appeal including the records of the Courts below with all
convenient speed. In cases where paper books of the appeal were
printed/typed for use in the High Court, 12 copies thereof, or such
lesser number as the Registrar may specify, shall also be
transmitted, alongwith the original record.
11. The paper books for use in the Supreme Court shall be
prepared at the expense of the appellant unless otherwise ordered
by the Court, but in cases involving sentence of death or
imprisonment for life, these shall be prepared at the expense of the
Government of the Province concerned.
12. The provisions contained in Order XXII shall so far as
practicable, apply to criminal appeals arising under this Order
except that the record shall be prepared at the expense of the
appellant.
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PART III
ORDER XXIV
PETITIONS FOR LEAVE TO APPEAL UNDER ARTICLE
212(3)
OF THE CONSTITUTION
1. A petition for leave to appeal from the judgment, decree or
order of an Administrative Court or Service Tribunal shall specify
succinctly in separate paragraphs, the substantial questions of law
of public importance upon which leave is sought and, in other
respects, the provisions of Orders XIII to XXI of these Rules shall
apply mutatis mutandis to such petition or appeal, as the case may,
except that no security for costs shall be required to be deposited
and no Court Fee, Process Fee, Search Fee or Copying Fee shall be
charged.
ORDER XXV
APPLICATIONS FOR ENFORCEMENT OF
FUNDAMENTAL RIGHTS
1. An application for a writ of habeas corpus shall be filed in
the Registry and shall be accompanied by an affidavit by the
person restrained, stating that the application is made at his
instance and setting out the nature and circumstances of the
restraint. The application shall also state whether the applicant has
moved the High Court concerned for the same relief and, if so,
with what result:
Provided that where the person restrained is unable owing
to the restraint to make the affidavit, the application shall be
accompanied by an affidavit to the like effect made by some other
person, which shall state the reason why the person restrained is
unable to make the affidavit himself.
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2. The application shall be heard by a Bench consisting of not
less than two Judges.
3. If the Court is of opinion that a prima facie case for
granting the application is made out, a rule nisi shall be issued
calling upon the person of persons against whom the order is
sought, to appear on a day to be named therein to show cause why
such order should not be made and at the same time to produce in
Court the body of the person or persons alleged to be illegally or
improperly detained then and there to be dealt with according to
law.
4. On the return day of such rule or any day to which the
hearing thereof may be adjourned, the Court shall, after hearing
such parties as are present and wish to be heard, make such order
as in the circumstances it considers to be just and proper.
5. In disposing of any such rule, the Court may, in its
discretion, make such order for costs as it may consider just.
6. An application for the enforcement of any other
fundamental right shall be filed in the Registry. It shall set out the
name and description of the applicant, the relief sought, and the
grounds on which it is sought, and shall be accompanied by an
affidavit verifying the facts relied on, and at least eight copies of
the said application and affidavit shall be lodged in the Registry. It
shall also state whether the applicant has moved the High Court
concerned for the same relief and, if so, with what result. The
application shall be made by notice of motion, but the Registrar
may in appropriate cases put up the application before the Court
for orders as to the issue of notice.
7. Such application shall be heard by a Bench consisting of
not less than two Judges of the Court. Unless the Court otherwise
directs, there shall be at least eight clear days between the service
of the notice of motion and the day named therein for the hearing
of the motion.
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8. Copies of the said application and the affidavit in support
thereof shall be served with the notice of motion and every party to
the proceeding shall supply to any other party, on demand and on
payment of the proper charges, copies of any affidavit filed by
him.
9. The notice shall be served on all persons directly affected,
and on such other persons as the Court may direct:
Provided that on the hearing of any such motion, any
person who desires to be heard in opposition to the motion and
appears to the Court to be a proper person to be heard, sha ll be
heard, notwithstanding that he has not been served with the notice
of motion and shall be liable to costs in the discretion of the Court.
10. The Court may in such proceedings impose such terms as
to costs and as to the giving of security as it deems fit.
11. The provisions of Order XVII relating to petitions shall, so
far as may be applicable, apply to applications under this Order.
PART IV
ORDER XXVI
REVIEW
1. Subject to the law and the practice of the Court, the Court
may review its judgment or order in a Civil proceeding on grounds
similar to those mentioned in Order XLVII, rule I of the Code and
in a criminal proceeding on the ground of an error apparent on the
face of the record.
2. Application for review shall be filed in the Registry within
thirty days after pronouncement of the judgment, or, as the case
may be, the making of the order, which is sought to be reviewed.
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The applicant shall, after filing the application, for review,
forthwith give notice thereof to the other party and endorse a copy
of such notice to the Registry.
3. Every application for review shall be accompanied by a
certified copy of the judgment or order complained of, and when
the application proceeds on the ground of a discovery of fresh
evidence, certified copies of the documents, if any, relied upon,
shall be annexed to the application together with an affidavit
setting forth the circumstances under which such discovery has
been made.
4. The Advocate signing the application shall specify in brief
the points upon which the prayer for review is based and shall add
a certificate to the effect that consistently with the law and practice
of the Court, a review would be justifiable in the case. The
certificate shall be in the form of a reasoned opinion.
5. In case the Court comes to the conclusion that the Review
Application filed was vexatious or frivolous, the Advocate or the
Advocate-on-Record, drawing the application shall render himself
liable to disciplinary action.
1[6. Except with the special leave of the Court, no application
for review shall be entertained unless it is drawn by the Advocate
who appeared at the hearing of the case in which the judgment or
order, sought to be reviewed, was made. Nor shall any other
Advocate, except such Advocate, be heard in support of the
application for review, unless the Court has dispensed with the
requirement aforesaid.]
? [7. No application for review shall be entertained unless party
seeking review furnishers a cash security of Rs.10,000/-, which
shall stand forfeited, if the Review Petition is dismissed or shall be
paid to the opposite-party, if the Review Petition is contested.]
1 Subs. By Notification No.F.59/80-SCA, dated 3-7-1988.
? Subs. by Notification No. F. 59/80-SCA, dated 14-07-1998.
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8. As far as practicable the application for review shall be
posted before the same Bench that delivered the judgment or order
sought to be reviewed.
9. After the final disposal of the first application for review no
subsequent application for review shall lie to the Court and
consequently shall not be entertained by the Registry.
PART V
ORDER XXVII
PROCEEDING IN RELATION TO THE CONTEMPT OF
COURT
1. The Court may take cognizance of its contempt suo motu or
on a petition by any person:
Provided that where the alleged contempt consists of
willful disobedience of any judgment, decree, direction, order,
writ, or other process of the Court or a breach of an undertaking
given to the Court or a Judge in Chambers, the Court may take
cognizance suo motu or on a petition by the aggrieved person.
2. A petition for proceedings under this Order shall be
registered as original petition and the provisions of Order VI Part I
shall apply as nearly as may be.
3. The petition shall state succinctly and clearly all relevant
facts constituting the contempt of the Court and shall be supported
by affidavit of the petitioner, if any.
4. Notice of the petition along with the statement of
allegations and affidavit, if any, shall be served on the person
complained against hereinafter called the respondent. The notice
shall require the respondent to appear in person and unless the
Court otherwise directs, he shall appear on each subsequent
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hearing and, if so required, shall enter into recognizance with one
or more sureties.
5. Where the alleged contempt consists of willful
disobedience of a judgment, decree, direction, order, writ or other
process of the Court or a breach of an undertaking given to the
Court or a Judge in Chambers by a company registered under the
Companies Act, 1913 or a statutory corporation or a partnership
firm, the notice shall be served upon each director or partner as the
case may be, and such other person who at the time of alleged
contempt were incharge of or responsible for the conduct of the
company, corporation or firm as the case may be.
6. Where the Court is satisfied by an affidavit or otherwise,
that the respondent is avoiding service, it may direct issuance of
bail able or non-bail able warrants for his arrest.
7. (1) Where the contempt consists of words or acts of
visible signs which tend to prejudice a party to a proceeding before
the Court or tend to scandalize the Court or any Judge or otherwise
tend to bring the Court or a Judge in relation to his office into
hatred, ridicule or contempt, the matter shall, in the first instance,
be placed before the Chief Justice and such Judges as the Chief
Justice may nominated to consider the expediency or propriety of
taking action in the matter.
(2) If the Chief Justice and the Judges referred to in
sub-rule (I) decide that action should be taken in the matter, a
notice of the proceedings shall issue to the Attorney-General who
shall in that event be under a duty to conduct the proceedings.
8. (1) The respondent shall, on the first hearing, file a
written statement in answer to the allegations against him and shall
be afforded reasonable opportunity to adduce evidence in his
defence.
(2) No oath shall be administered to the respondent
unless he chooses to appear as his own witness.
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9. Notwithstanding anything contained in this Order, where
the contempt is committed in the face of the Court or a Judge in
chambers, the Court or the Judge, as the case may be, may proceed
forthwith to determine the guilt of the respondent and award him
punishment under the law.
10. If at any time during the pendency of the proceedings under
this Order or thereafter but before the execution of the sentence,
the respondent tenders unqualified apology, the Court may
consider such apology and make such order as it considers fit.
11. The Court may award such costs as it deems fit in the
circumstances of the case. The costs if any, shall be recovered as
fine under the Code of Criminal Procedure, 1898.
PART VI
ORDER XXVIII
A. COSTS
1. Subject to any provisions of any statute or of these Rules,
the costs of an incidental to all proceedings shall be in the
discretion of the Court. Unless the Court otherwise orders an
intervener shall not be entitled to costs.
2. Where it appears that the hearing of any appeal or matter
cannot conveniently proceed by reason of the neglect of the
Advocate-on-Record of any party to attend personally, or by some
proper person on his behalf, or because of his omission to deliver
any paper necessary for the use of the Court which ought to have
been delivered, the Advocate-on-Record shall personally pay to all
or any of the parties such costs as the Court may think fit to award.
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1[3. Where it appears to the Court that an Advocate or a party
seeks adjournment for which sufficient cause is not shown, the
Court may impose compensatory costs on the Advocate or, as the
case may be, the party seeking such adjournment. Costs may also
be imposed on a party who files false or vexatious appeal or other
proceedings and thereby wastes the time of the Court.]
B. TAXATION
1. The Registrar, 2[an Additional Registrar,] a Deputy
Registrar and an Assistant Registrar shall be the Taxing Officer,
the Deputy Taxing Officer and the Assistant Taxing Officer of the
Court respectively.
2. The Chief Justice may assign and the Taxing Officer may,
with the approval of the Chief Justice, delegate to ?[an Additional
Taxing Officer or] a Deputy Taxing Officer or an Assistant Taxing
Officer any functions required under the Rules, to be exercised the
Taxing Officer.
3. The Court may, in any proceedings where costs are
awarded to any party, direct payment of a sum in gross in lieu of
taxed costs, and may direct by and to whom that sum shall be paid.
4. Where in the opinion of the Taxing Officer the maximum
fee allowed by these Rules is insufficient or a fee ought to be
allowed for any matter not provided for in these rules he may refer
the matter to the presiding Judge of the Bench hearing the appeal,
cause or matter and the Judge may make such order thereon as to
the allowance of the whole or any part of the amount proposed by
the Taxing Officer as he thinks fit.
5. Where the Taxing Officer is of opinion that any costs have
been injuriously or unnecessarily occasioned by the negligence or
1 Inserted by Notification No. F-59/80-SCA, dated 27-08-2003.
2 Added by Notification No. F-59/80-SCA, dated 21-06-2006.
? Inserted by Notification No. F-59/80-SCA, dated 27-08-2003
- 56 -
improper conduct of any Advocate-on-Record he shall not allow
any charge for the same.
6. In all cases of taxation as between party and party, the bill
shall be lodged for taxation as between party and party and, unless
the client expresses his desire to the Contrary in writing, also as
between Advocate-on-Record, and client.
7. Every bill of costs lodged for taxation shall specify the
exact number of folios contained in the bill lodged.
8. Every bill of costs shall be properly dated throughout and
shall show in a column for the purpose the money paid out of
pocket.
9. Every bill of costs shall be certified by the signature of the
Advocate-on-Record from whose office it is issued.
10. The fees for taxation and registration of every bill of costs
shall be paid in court-fee stamps when the bill is lodged for
taxation.
11. Every bill of costs shall, whenever possible, be
accompanied by vouchers, and every item of disbursement and the
cause thereof shall be distinctly specified, and no payment out of
pocket shall be allowed except on production of the necessary
voucher, or in the case of Advocate's fees, without the receipt of
the Advocate that the fee has been paid:
Provided that a Taxing Officer may dispense with the
production of a receipt of the fee paid to the Attorney-General for
Pakistan or the Advocate-General of a Province.
12. Within one month from the date of the signing of the
judgment or order awarding costs, or within such further time as
the Taxing Officer may for good cause allow, the party to whom
the costs have been awarded shall lodge in the Registry the bill of
costs and vouchers accompanied by a certified copy of the decree
or formal order drawn up in the case. Where in the opinion of the
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Taxing Officer the filing of a bill of costs has been unduly delayed,
the Taxing Officer may return the bill and shall not receive or tax
the same except by order of the Court.
13. The Party having the charge of the bill shall, within
fourteen days or within such further period as the Taxing Officer
may for good cause allow, serve on the opposite party a copy of
the bill of costs and file in the Registry an affidavit of service. In
default of the filing of such affidavit within the time aforesaid or
within the further period allowed by the Taxing Officer, the Taxing
Officer may return the bill and vouchers and shall not thereafter
receive or tax the bill except by order of the Court:
Provided that, where the Taxing Officer is satisfied that the
party having the charge of the bill has made all reasonable efforts
to have the copy of the bill served and has failed, the Taxing
Officer may dispense with such affidavit, and may receive and tax
the bill.
14. As soon as the affidavit of service referred to the last
preceding rule has been filed, the Taxing Officer shall fix a date
for taxation of the bill and shall notify the parties of the date fixed.
15. The Taxing Officer shall allow such costs of procuring the
advice on evidence of an Advocate, and of employing an Advocate
to settle pleadings and affidavits, as the Taxing Officer in his
discretion thinks just and reasonable.
16. In case of taxation as between Advocate-on-Record and
client where the fees are payable by the client personally or out of
a fund belonging entirely to him, the Taxing Officer shall allow, as
fees to Advocates, all sums actually paid, but not exceeding those
set out in the Second schedule to these Rules, unless the written
consent of the client is produced.
17. Where an Advocate-on-Record acts for different parties to
the same suit, appeal or matter, only one set of attendance shall be
allowed, unless the Court otherwise orders.
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18. Where two or more appeals arising out of a single
proceeding are heard together and cost are awarded in both or all
of them only one set of counsel's fee shall be allowed for the
hearing unless the presiding Judge of the Bench hearing the
appeals otherwise directs.
19. Where on the taxation of a bill of costs payable out of a
fund or out of the assets of a company in liquidation, the amount of
the professional charges and disbursements contained in the bill is
reduced by a sixth part or more, no costs shall be allowed to the
Advocate-on-Record lodging the bill for taxation for drawing or
copying it, nor for attending the taxation.
20. Where on taxation of an Advocate-on-Record's bill of costs
as between Advocate-on-Record and client, the amount of the bill
is reduced by a sixth part or more, the Advocate-on-Record shall
pay the costs of taxation including the cost of the Advocate-on-
Record if any, employed in contesting the bill and the same shall
be deducted by the Taxing Officer, but the Taxing Officer may
certify any special circumstances relating to the bill or taxation and
the Court may upon application by the Advocate-on-Record whose
bill has been taxed make any such order as the Court may think
just and equitable with respect to the costs of the taxation.
21. No Court fees shall be payable by an applicant to proceed
in forma pauperis except the fee for the petition to proceed.
22. In the taxation of costs as between party and party, the
costs of and incidental to the attendance of an Advocate on
summons or other matters in Chambers shall not be allowed unless
the court certified that it was a fit case for the employment of an
Advocate.
23. Unless specially allowed by the Taxing Officer, no
allowance shall be made in party and party taxation for work done
before the commencement of proceedings in the Court, except for
necessary letter of demand and the reply thereto, if any, for
receiving instructions to sue to defend, or to appeal, and searches
necessary for the purpose of instituting or defending proceedings.
- 59 -
24. In every case of taxation as between Advocate-on-Record
and client, the client shall be duly summoned by the Taxing
Officer to attend the taxation, unless the Taxing Officer shall see
fit to dispense with his attendance taxation, unless the Taxing
Officer shall see fit to dispense with his attendance.
25. No retaining fee to an Advocate shall be allowed on
taxation as between party and party.
26. Any party who is dissatisfied with the allowance or
disallowance by the Taxing Officer of the whole or any part of the
items in a bill of costs may apply to the Taxing Officer to review
the taxation in respect thereof.
27. An applicatio n to review shall be made within a week from
the date of the passing of the bill by the Taxing Officer.
The application shall contain objections in writing
specifying concisely therein items or parts of the bill allowed or
disallowed and grounds for the objection.
28. The Taxing Officer shall serve fourteen days notice of the
application on the opposite party. A copy of the application shall
accompany the notice.
29. Objections which were not taken in at the time of the
taxation shall not be taken in at the stage of review unless allowed
by Taxing Officer.
30. The Taxing Officer may, where he thinks fit, issue, pending
the consideration of any objections, a preliminary allocation for or
on account of the remainder of the bill of costs.
31. Upon application to review the Taxing Officer shall reconsider
his taxation upon the objections carried in and may,
where he thinks fit, receive further evidence in respect thereof, and
shall state in a certificate the grounds of his decision thereon and
any special facts or circumstances relating thereto.
- 60 -
32. Any party dissatisfied with the decision of the Taxing
Officer on review may, not later than seven days from the date of
the decision or within such further time as the Taxing Officer or
the Court may allow, apply to the Court for an order to review the
decision of the Taxing Officer and the Court may thereupon make
such order as may seem just, but the taxation the Taxing Officer
shall be final and conclusive as to all matters which shall not have
been objected to in the manner aforesaid.
33. No evidence shall be received by the Court upon the review
of the Taxing Officer's decision which was not before the Taxing
Officer when he taxed the bill or reviewed his taxation unless the
Court otherwise directs.
34. The certificate of the Taxing Officer by whom a bill of
costs has been taxed shall unless it is set aside or altered by the
Court be final as to the amount of costs covered thereby.
35. Expect as otherwise specially provided in these Rules the
fees set out in the Second and Fourth Schedules to these Rules may
be allowed to Advocates, Advocates-on-Record and officers of the
Court.
36. In defended appeals, the first day's hearing fee shall be
allowed in full as fixed under the Second Schedule, for the first
four and a half hours of the hearing or part thereof, subject to the
provisions contained in rules 38 and 39.
37. No refresher shall be allowed unless the hearing has lasted
for more than four and a half hours and the Taxing Officer shall
have discretion to reduce the refresher or to allow an additional
refresher having regard to the duration of the hearing after the first
four and a half hours. The refresher shall however not be reduced
by more than one half.
38. Where the hearing of a part-heard case is held up on
account of the Court being occupied with any other matter, the
time taken in the hearing of such matter shall be taken into
consideration by the Taxing Officer for purposes of a refresher.
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39. In cases involving less than fifty thousand rupees in value,
the Taxing Officer shall have discretion to reduce the fees,
including the first day's hearing fee and the fee of the Advocateon-
Record suitably according to the nature of the case.
40. Save as otherwise provided in these Rules, the fees
provided in the Second Schedule, other than items I and 2 of part I,
shall be subject to reduction in the discretion of the Taxing Officer
according to the nature of the case.
41. The allowances to be made to witnesses per diem shall be
such as the Taxing Officer may think reasonable having regard to
the profession or status of the witnesses, but shall not exceed Rs.50
per diem unless the Court otherwise directs.
42. Witnesses residing more than five miles from the place
where the Court sits shall be allowed traveling expenses according
to the sums reasonable and actually paid by them and shall also be
allowed such a sum for subsistence money and carriage hire as the
Taxing Officer, having regard to the daily allowance fixed under
rule,41 considers reasonable.
43. Every person summoned to give evidence shall have
tendered to him with the summons a reasonable sum for his
traveling expenses (if any) and for the first day's attendance and
shall, if obliged to attend for more than one day, be entitled before
giving his evidence, to claim from the party by whom he has been
summoned the appropriate allowance and expenses for each
additional day that he may be required to attend.
44. Witnesses who have not been paid such reasonable sums
for their expenses as the Court allows by its Rules may apply to the
Court at any time in person to enforce the payment of such sum as
may be awarded to them.
45. For the purposes of this Order a folio shall consist of one
hundred words; seven figures shall be counted as one word; and
part of a folio exceeding fifty words shall be reckoned as a folio. A
- 62 -
document consisting of less than one hundred words count as one
folio.
46. Where the party having the charge of the bill does not
appear on the date fixed for taxation, the Taxing Officer may make
an order that bill be rejected. An application for the restoration of
the bill shall be made within fourteen days from the date of the
rejection of the bill, and the Taxing Officer may for sufficient
cause shown received and tax the bill.
47. A party dissatisfied with the order of the Taxing Officer
under the last preceding rule may, not later than seven days from
the date of order, or within such further time as the Taxing Officer
or the court may allow, apply to the Court for an order that the bill
be restored.
48. Subject to any agreement in writing to the contrary, the
rules regulating the taxation of the costs between party and party
shall be applicable as far as may be to taxation between Advocateon-
Record and client.
49. If an Advocate-on-Record makes an agreement in writing
with his client as to his remuneration in respect of any business
done or to be done by him in any proceedings in this Court the
amount payable under the agreement shall not be received by the
Advocate-on-Record until the agreement has been examined and
allowed by the Taxing Officer and if the Taxing Officer is of
opinion that the amount is unfair or unreasonable, he may seek the
direction of the presiding Judge of the bench hearing the appeal,
cause or matter and the Judge may reduce the amount payable
thereunder, or order the agreement to be cancelled and the costs
covered thereby to be taxed as if the agreement had never been
made.
50. Where a dispute arises between the Advocate-on-Record
and his client as to fees and charges payable to the Advocate-on-
Record in any proceeding before the Court, either party may apply
to the Taxing Officer for an order to have the bill taxed in
accordance with the provisions of this Order. The application,
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when made by the Advocate-on-Record shall be accompanied by a
copy of the bill sought to be taxed.
51. The Advocate-on-Record whose bill against his client has
been taxed may apply to the Court for an order against his client or
his legal representative for payment of the sum allowed on taxation
or such sum thereof as may remain due to him. The order so made
may be transmitted for execution to such Court or tribunal as the
Court may direct.
52. Where it is necessary to enforce payment of costs under
direction of the Registrar, an order for that purpose shall be
obtained form a Judge. Application for such orders may be made,
without notice, by petition, supported by a certificate of the
Registrar.
53. The Court may on the application of a client or his
representative in interest direct an Advocate-on-Record to deliver
up any documents or papers to the possession of which the
applicant may be entitled, and pass such other order in this behalf
as the circumstances of the case may require, including orders as to
the costs of the application.
PART VII.
MISCELLANEOUS
ORDER XXIX.
NOTICE OF PROCEEDINGS TO LAW OFFICERS OF THE
STATE.
1. The Court may direct notice of any proceeding to be given
to the Attorney-General or to Advocate-General of any Province,
and the Attorney-General or the Advocate-General to whom such
- 64 -
notice is given may appear, and shall do so if required by the
Court.
2. The Attorney-General or the Advocate General of any
Province may apply to be heard in any proceedings before the
Court and the Court may, if in its opinion the justice of the case so
requires, permit the Attorney-General or any Advocate-General so
applying to appear and be heard, subject to such terms as to costs
or otherwise as the Court may think fit.
3. For the purpose of this Order, the expression "Attorney-
General of Pakistan" inc ludes a Deputy Attorney-General.
ORDER XXX.
FORMS TO BE USED.
1. Every writ , summons, order, Warrant or other mandatory
process shall be signed by the Registrar with the day and the year
of signing, and shall be sealed with the Seal of the Court.
2. The forms set out in the Sixth Schedule to these Rules, or
forms substantially to the like effect with such variations as the
circumstances of each case may require, shall be used in all cases
where those forms are appropriate.
ORDER XXXI.
SERVICE OF DOCUMENTS.
1. Except where otherwise provided by Statute or prescribed
by these Rules, all notices, order or other documents required to be
given to, or served on any person shall be served in the manner
provided by the Code for the service of summons.
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2. Service of any notice, order or other document on the
Advocate-on-Record of any party may be effected by delivering it
to the Advocate-on-Record or by leaving it at his place of business
or by sending to his address by registered post.
3. Service of any notice, order or other document upon a
person, other than an Advocate-on-Record, residing at a place
within the territories of Pakistan, between which place and the seat
of the Court there is communication by registered post, may be
effected by posting a copy of the document, required to be served
in a pre-paid envelope registered for acknowledgment, address to
the party or person at the place where he ordinarily resides.
Provided that the Registrar may direct in a particular case
or class of cases, that the service shall be effected in the manner
provided by the Code for the service of summons.
4. A document served by post shall be deemed to be served at
the time at which it could have been delivered in the ordinary
course of post.
5. Expect where the notice or process has been served through
the Registry, the party required to effect the service shall file an
affidavit of service, along with such proof thereof as may
available, stating the manner in which the service has been
effected.
6. Where the notice, order or other document has been served
through another Court, the service may be proved by the
deposition or affidavit of the service officer made before the Court
through which the service was effected.
7. Service effected after Court hours shall for the purpose of
computing any period of time subsequent to that service be deemed
to have been effected on the following day.
- 66 -
ORDER XXXII.
COMMISSIONS.
1. Order XXVI in the First Schedule to the Code with respect
to commission shall apply except rules 13,14,19,20,21 and 22.
2. An application for the issue of a commission may be made
by summons in Chambers after notice to all parties who have
appeared, or ex-parte where there has been no appearance.
3. The Court may, when the commission is not one
examination on interrogatories, order that the commissioner shall
have all the powers of a Court under Chapter X of the Evidence
Act, 1872, to decide questions as to the admissibility of evidence
and to disallow any question put to a witness.
4. The commissioner shall record a question disallowed by
him and the answer thereto, but the same shall not be admitted in
evidence until the Court so directs.
5. Unless otherwise ordered the party, at whose instance the
commission is ordered to issue, shall lodge in the Court copies of
the pleading and issues in the case within twenty-four hours of the
making of the order and those copies shall be annexed to the
commission when issued.
6. Any party aggrieved by the decision of the commissioner
refusing to admit documentary evidence may apply to the Court
within a period of fourteen days of the date of the submission of
the report to set aside the decision and for direction to the
commissioner to admit the evidence.
7. After the deposition of any witness has been taken down
and before it is signed by him, it shall be read over and, where
necessary, translated to the witness. Every page of the deposition
shall be signed by him and left with the commissioner who shall
subscribe his name and the date of the examination.
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8. Commission shall be made returnable within such time as
the Court may direct.
ORDER XXXIII.
INHERENT POWERS.
1. The Court or any Judge or Judges thereof may, for
sufficient cause shown, excuse the parties from compliance with
any of the requirements of these Rules, and may give such
directions in matter of practice and procedure as it shall consider
just and expedient.
2. An application to be excused from compliance with the
requirements of any of the Rules shall be addressed in the first
instance to the Registrar, who shall take the directions of the Court
or of any Judge or Judges thereof and communicate the same to the
party or parties as the case may be.
3. The Court may enlarge or abridge any time appointed by
these Rules, or fixed by any order enlarging time, for doing any act
or taking any proceeding, upon such terms (if any) as the justice of
the case may require, and any enlargement may be ordered,
although the application therefore is not made until after the
expiration of the time appointed or allowed.
4. The court may at any time, either of its own motion or on
the application of any party, make such orders as may be necessary
or reasonable in respect of any of the matters mentioned in these
Rules, may issue summons to persons whose attendance is required
either to give evidence or to produce documents, or order any fact
to be proved by affidavit.
5. The Court shall have powers to pass any decree and make
any order which ought to have been passed or made and pass or
make such further or other decree or order as the case may require,
and this power may be exercised by the Court not withstanding the
- 68 -
appeal is as to part only of the decree and may be exercised in
favour of all or any of the respondents or parties, although such
respondents or parties may not have filed any appeal or objection.
6. Nothing in these Rules shall be deemed to limit or
otherwise affect the inherent powers of the Court to make such
orders as may be necessary for the ends of justice or to prevent
abuse of the process of the Court.
7. Where at any stage of the proceedings in the Court, there
has been a failure to comply with these rules, the failure shall be
treated as an irregularity and shall not nullify the proceedings or
the judgment. The Court may, on such terms as to costs or
otherwise, as it thinks just set aside either wholly or in part the
proceedings in which such failure has occurred.
ORDER XXXIV.
DESTRUCTION OF RECORDS.
1. There shall be an index of the records in every case in the
form prescribed below:-
Index of Papers
CIVIL APPEAL NO.______ OF _____ 19 _____
(or) CRIMINAL APPEAL No.______ or PETITION
No._____
- 69 -
CAUSE TITLE
Sr. No.
Date of filing the
paper in the record
Description
of papers
No. of the
part to which
it belongs
Remarks
2. The record in each case shall be divided into two parts, Part
I to be preserved permanently and Part II to be preserved for a
period of three years.
3. Each paper as and when it is filed in the record, shall be
numbered and entered in the Index and classified under the
appropriate part to which it belongs.
4. The Period for which any particular records is to be
preserved shall be reckoned form the date of the final decree or
order in the proceeding to which the record belongs, and in case a
Review is filed against the decree or order, from the date of the
final decree or order made in review. In the case of registers, the
period shall be reckoned from the date of the last entry in the
Register.
5. The Registrar may direct that any paper assigned to Part II
be transferred to Part I for being preserved permanently.
6. Records which do not fall under Part I or Part II as
classified below, shall be referred to the Registrar who shall decide
the part under which they should be included.
7. When any record is ripe for destruction, it shall either be
burnt or sold as waste-paper, as the Registrar may in his discretion
direct.
8. Where the record is sold as waste-paper, the sale proceeds
shall be credited to Government.
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9. As soon as a record is destroyed, a note shall be made in
the Index against the record showing that it has been destroyed and
the date of destruction.
PART I
10. The following papers shall be included under Part I (to be
preserved permanently):-
1. Index
2. Judgment
3. Decree of Order
4. Order for Costs.
5. Pleadings (plaint, written statement, set-off and counterclaim)
6. Authenticated copy of the printed record.
7. Petition of appeal.
8. Concise Statement.
9. Original Petitions including leave petitions.
10. Interlocutory applications other than applications for
condonation of delay and other formal application
11. Orders on petitions.
12. Memorandum of compromise
13. Title deeds, if any, remaining un-returned to any party.
14. Any other records or papers which the Registrar may direct
to be included in this part.
Registers:-
- 71 -
1. Minutes Books
2. Registers of Civil and Criminal appeals, leave petition, and
miscellaneous petitions and matters.
3. Rolls of Senior Advocates, Advocates and Advocates-on-
Record and enrolment files.
PART II
The following papers shall be included in a Part II and shall be
destroyed after a period of three years as indicated below:
1. Power of Attorney and memo of appearance.
2. Affidavits.
3. Application for condonation of delay and such other formal
applications.
4. Correspondence in cases.
5. Unclaimed documents filed by parties other than title
deeds.
6. Office notices in the case files, Registers, files and
miscellaneous.
7. Taxation files including bills of costs.
8. Register of bills of costs.
9. Dispatch Registers.
10. Surplus copies of printed records, and of pleadings and
petitions.
11. Copies of summons and notices.
12. Copying Register.
- 72 -
1[ORDER XXXV.
APPEALS AND PETITIONS UNDER ARTICLE 203F OF
THE CONSTITUTION.
1. Subject to the provision of this Order, the provisions
contained in the other Orders of these Rules relating to civil and
criminal appeals, petitions review petitions and jail petitions and
other petitions, applications and proceedings and all orders or
instructions form time to time issued relating to practice and
procedure of the court shall, mutatis mutandis, apply to appeals,
petitions, review petitions and jail petitions and other petitions,
applications and proceedings filed under or in respect of
jurisdiction conferred by Article 203F of the Constitution:
Provided that no Court fee, process fee or search fee or
security for costs shall be charged:
Provided further that copying fee shall be charged except in
petitions through jail.
2. Not less than twelve copies of the appeals and six copies of
the petitions, other than the jail petitions, and the accompanying
documents shall be filed, but in appropriate cases the Registrar
may require the appellants or the petitioner to supply more copies.
3. The Chief Justice shall nominate such number of Muslim
Judges of the Court to be the Members of the Shariat Appellate
Bench as are specified in paragraph (a) of clause (3) of Article
203F, and senior most of whom shall be the Chairman of the
Bench.
1 Added by Notification No. F .59/80-SCA dated:10-1-1983
- 73 -
4. (1) Save as otherwise provided by law or by these
Rules, the Chief Justice shall from time to time nominate Members
from the Shariat Appellate Bench for hearing and disposal of cases
as follows:-
(1) For appeals and petitions against acquittal, not
less than three members including one ad hoc
Member of the Shariat Appellate Bench; and
(2) For petitions other than those against acquittal,
not less than two Members:
Provided the Chief Justice may direct that any particular
case or cases shall be placed for hearing and disposal before more
or all the Members of the Bench.
(2) An application for stay of execution or for bail shall
be laid before the Chairman of the Shariat Appellate Bench or, in
his absence, the senior most Member of the Bench, who shall
either himself pass order on such application or mark it to another
Member for disposal in Chambers.
5. An appeal filed against the final decision of the Federal
Shariat Court under Article 203D of the Constitution shall not be
dismissed on account of absence of the appellant nor shall it abate
in the event of the death of any of the parties to it.
6. (1) The Shariat Appellate Bench may direct issue of
notice in any case to any person well-versed in Islamic laws to
appear before the Bench and to give it such assistance as it may
consider necessary. The Bench shall also draw up and maintain a
panel of Ulema and Jurisconsults form amongst person who have:-
a. qualified from one of the recognized seats of
"Muslim learning in Pakistan or abroad;
b. obtained a degree from a recognized
University in Islamiat, Arabic of Islamic
Law;
- 74 -
c. obtained a Diploma in Maulvi Fazil in
Arabic from the Board of Intermediate and
Secondary Education; or
d. gained recognition for their knowledge,
understanding and appreciation of Islam.
(2) The enrolment for a panel may be made suo
motu or on an application of an Aalim or Jurisconsult.
7. The Aalim, Jurisconsult or Expert who appears before the
Bench to assist it shall be:-
a. paid honoraria to be determined by the
Court in each case; and
b. entitled to traveling and daily allowance
facilities ordinarily not exceeding those
admissible to a Grade 20 Officer of the
Government as may be determined by the
Bench in each case.
8. The Chief Justice may make such orders as are not
inconsistent with the provisions of Chapter 3A of the Constitution
and these Rules for carrying out day to day business of the Shariat
Appellate Bench as he thinks fit]
1[" ORDER XXXVI”.]
2[Deleted]
FIRST SCHEDULE.
SENIOR AND OTHER ADVOCATES.
1Added by Notification No.F.59/80-SCA, dated 8-10-1987.
2Deleted by Notification No.F.59/80-SCA, dated 27-08-2003.
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1. A senior or other Advocate shall not appear or plead unless
he is instructed by an Advocate-on-Record.
2. A Senior Advocate shall not accept instructions to draw
pleadings, affidavits, advice on evidence or to do any drafting
work of an analogous kind, but this prohibition shall not extend to
settling any such matters as aforesaid in consultation with a junior.
3. A Senior Advocate appearing with another Senior
Advocate senior to himself shall be entitled to, and shall be paid, a
fee not less than two-thirds of the fee marked on the brief of that
other Advocate, and junior appearing with a senior Advocate or
with any other Advocate senior to himself shall be entitled to, and
shall be paid, a fee not less than one-third and not more than twothirds
of the fee marked on the brief of the Senior or other
Advocate, but this rule shall not apply in the case of a second
junior.
4. A Senior Advocate may inform the Court that he will not
accept any brief, or any brief of a specified class, without a special
fee of a named amount, in addition to the ordinary fee marked on
the brief, and shall not so long as he does not inform the Court to
the contrary accept a brief or a brief of the specified class without
that special fee.
5. An Advocate appearing with a Senior Advocate whose
brief is marked with a special fee in accordance with the last
preceding rule shall only be entitled to his proper proportion of the
ordinary fee marked on the Senior Advocate's brief and not to any
proportion of the special fee.
1[6. The Court shall maintain a panel of counsel to be selected
by a Committee of the Judges and approved by the Chief Justice
from time to time for the purpose of providing representation to
underrepresented accused.
1 Added by Notification No. 59/80-SCA dated 22-03-2001
- 76 -
7. A counsel engaged under paragraph 6 shall be entitled to a
fee of rupees one thousand per case for the first day on which the
case proceeds, and rupees five hundred for each subsequent day on
which the case proceeds, to be paid by the Registrar on production
of a * certificate of his appearance signed by the senior member of
the Bench hearing the petition/appeal. If a case does not proceed
the counsel shall be paid rupees two hundred and fifty only.
* CERTIFICATE
Certified that Mr.____, Advocate, has appeared before the Court in
Jail Petition/ Criminal Appeal No.___ fixed for ___ at Srl. No.___
to defend the pauper accused. This case was
adjourned/dismissed/allowed.
Date:
JUDGE
8. The Court may direct payment of any amount according to
its discretion to a counsel in a particular case]
1[9.] Any dispute arising under this Schedule shall be referred to
and determined by the Chief Justice.
1. Renumbered by Notification No. 59/80-SCA dated 22-03-2001.
- 77 -
SECOND SCHEDULE.
FEES TO ADVOCATES
PART I.
Fee on brief Refresher
Not
exceeding
Not
Exceeding
Senior Rs.
800
Rs.
400
Junior when
himself
pleading
without a
senior
400 200
1 Defended
Appeals
Junior when
appearing
alongwith a
Senior (and
not pleading
himself).
200 100
Leading
Senior
Advocate
400 No refresher.
2 Undefended
appeals.
Leading
Junior
Advocate
Senior
200
400
No refresher.
3 Leave
petitions
Junior when
appearing
alongwith a
Senior (and
not pleading
himself).
100 No refresher.
- 78 -
4
Miscellaneous
Petitions when
opposed.
Senior (If
allowed)
Junior
200
100
No refresher.
5
Miscellaneous
petitions when
un-opposed.
Senior (If
allowed)
Junior
200
50
No refresher.
No refresher.
6 Chamber
applications
when opposed.
One fee only
Senior (if
allowed)
Junior
200
100
No refresher.
No refresher.
7 Chamber
applications
when unopposed
or exparte.
One fee only
Senior (if
allowed)
Junior
200
50
No refresher.
8 Review
petitions.
Senior
Junior
200
100
No refresher.
9 Attending
taxation
(Advocate one
fee)
30 No refresher.
- 79 -
PART II
Fee on brief Refresher
Rs.
1. To Junior Advocate for drawing leave
petitions of affidavits in support there of ..
75.00
To the Senior for Settling the above. 100.00
2. To Junior Advocate for drawing other
petitions or affidavits (except petitions of
formal nature, e.g., condonation of delay
etc., and affidavits connected therewith).
30.00
3. To Junior Advocate for drawing concise
statement in appeals:
(a) when settled by Senior.
(b) When not settled by Senior.
50.00
50.00
to
100.00
To Senior Advocate for settling the above.
100.00
4. Conference with Advocate-on-Record if
allowed
50.00
PART III
Fee set out in Parts I & II of this Schedule for junior advocates
shall be allowed to Advocates on Record where admissible under
the Rules.
- 80 -
THIRD SCHEDULE
TABLE OF COURT FEE
PART I
APPELLATE JURISDICTION
Rs.
1. Filling and lodging petition for leave to appeal 250.00
2.
On the appeal as provided by order XIV rule 6,Where the
amount or value of the subject-matter in dispute on appeal is
Rs.15,000 or below that sum
250.00
For every Rs.1,000 in excess of Rs.15,000
5.00 For every
thousand rupees
or part thereof.
In cases where it is not possible to estimate at a money Value
the subject-matter in dispute 250.00
Provided:
(i) That the maximum fee payable in any Case shall not
exceed Rs. 2000.00
(ii) That where an appeal is brought by leave granted by this
Court credit shall be given to the appellant for the amount of
court fee paid by him on the petition for leave to appeal.
3. Filling and lodging concise statement or caveat 10.00
- 81 -
4. Application for Review of Judgment or order including filing
Half of fee paid
on the original
proceedings.
5. Petition to proceed in forma pauperis 1.00
PART II
MISCELLANEOUS
1.
Entering in register of appeal or matters names of
representatives of a deceased party or of a substituted or
added party.
2.00
2.
Summons or notice to defendant or his representative or a
respondent to a petition or to a memorandum of Appeal, for
not more than five persons (with an additional Fee of Rs.1
for every person in excess of five)
10.00
3 Entering appearance 2.00
4. Amending appearance 2.00
5. Power of Attorney 4.00
6.
Filing-fee for every document for which a fee is not
specially provided, including document annexed as exhibits,
if any, or produced with plaint or used in evidence, each
document
2.00
7. Every application to the court not specially provided for 5.00
8.
Every application to a Judge in chambers, the Registrar, or
Taxing Officer, not specially provided for 5.00
9.
Every requisition to draw up an order including fee for filing
the order. 5.00
10.
Warrant, writ, summons or other process not specially
Provided for, for not more than five persons (with an
additional fee of Rs.1 for every person in excess or five)
10.00
11.
Every certificate or report of a Judge in Chamber or of
Registrar on an investigation
10.00
12.
Every other certificate for which a fee is not specially
provided 3.00
13. Commission to examine witnesses or other commission 10.00
14.
Production by an Officer of the court in any other court or
before commissioner of records of any suit, matter or appeal,
exclusive of travelling expenses, and halting charges.
10.00
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15.
.For production of records by post, exclusive of postage,
registration and insurance fees
5.00
16. For enquiry into sufficiency of security 8.00
17. For every search or examination of records 3.00
18. Every affidavit affirmed or sworn 2.00
19. For every oath or affirmation administered to witness 2.00
20.
For every certified copy of decree, judgment or other
document in addition to the folio or other charges.
5.00
21.
Every requisition for duplicate or other copy of any
document 1.00
22.
For copies of any document, per folio, less requisition fee
paid 0.62
23
For amending pleadings or other proceedings under order of
the court per folio
2.00
24.
Upon all moneys or securities paid to the Registrar or
deposited with him.
A
commission
of 1 percent
and 2-1/2
percent on
interest
drawn on
invested
money.
25. Every requisition for translation 1.00
26. Summon by Taxing Officer 3.00
27. Certificate by Taxing Officer 2.00
28. Taxing each bill not exceeding 10 folios 10.00
29. For every other folio 1.00
30. Registering every bill of costs 1.00
31. Certificate on review of taxation 10.00
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FOURTH SCHEDULE
FEES TO ADVOCATE-ON-RECORD
-------------------------------------------
1. Receiving instructions for special affidavits or Petitions 5.00 to10.00
2.
Drawing affidavits, petitions and all other necessary
documents not specially provided for) exclusive of copies
inserted therein upto ten folios Thereafter per folio
5.00 to 15.00
0.62
3. Drawing Security bond 15.00
4.
Drawing notice of motion and other necessary notice except
notice to witnesses 8.00
5.
Drawing notice on opposite parties of entering appearance or
lodging petition of appeal or concise statement 2.00
6.
Drawing observations or instructions for Advocate to
accompany brief (to be shown at taxation)
20.00 to
50.00
7.
Drawing particulars of claim, set-off or counter-claim where
required 4.00 to 10.00
8.
(a) Preparing copies of documents other than tabulated
statements and accounts whether written or typed, first copy
per folio
0.25 Receipt
to be
produced
where work
done outside
the
office of the
Advocateon-
Record
(b) Preparing carbon copies of above, if legible, per Folio 0.12
(c ) Preparing copies of tabulated statements and Accounts,
per folio 0.50
(d) Preparing carbon copies of above, per folio 0.25
(e) Preparing printed copies per folio for each copy. 0.31
(f) Preparing photographed copies
Actual
Charges
9.
Serving every necessary notice, summons to a witness or
other judicial process which may be served by Advocate-on-
Record or his clerk or by post. When required to serve outside
the Municipal limits of the seat of the Court (besides
travelling expenses Actually incurred)
2.00 10.00
10.
Receiving, filing or depositing any papers from or in the
Registry 2.00
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11.
Attendance before the Court or Judge or an Officer of the
Court not otherwise provided for (if allowed).
10.00 to
20.00
12.
Attending every application to Registrar when contested (if
allowed) 10.00
Attending every application to Registrar when un-contested (if
allowed) 5.00
13.
Attendance on client or opposite party at the office of the
Advocate-on-Record of either party where a letter would not
suffice
10.00 to
20.00
Where a letter would suffice 3.00
14. Receiving and perusing necessary letters 2.00
15.
Perusing documents received from opposite party or obtained
from the Court, where necessary, in the discretion of the
Taxing Officer upto
8.00
16. Perusal and approval of draft orders of decree 2.00 to 4.00
17.
Attending execution of Security Bond at the Advocate-on-
Record's house or office or at the Court House
4.00
18
Attending Court upon the swearing of the necessary affidavit
(including attendance to the Interpreter to have same
explained.
2.00
19.
Attendances in the Registry, if necessary, inspecting
documents, books and accounts by Advocate-on-Record per
hour
10.00
20. Attending searches in Registry (if allowed) 10.00
21.
Attending, obtaining and filing copies of decree or order in the
Registry
2.00
22.
Attending Advocate delivery brief with instructions.
Attending Advocate delivering additional briefs 16.00 8.00
23. Attending Advocate, paying fee 2.00
24.
Attending Advocate, fixing time for consultation or
conference 2.00
(a) Attendance at hearing of appeals, or matters, each day if
contested
Rupees fifty
per hour or
part thereof
subject to
maximum of
Rs. 150.00
(b) Attendance at hearing of appeals, or matters, each day, if
uncontested.
Half the
above rates.
25.
Attendance in Court when appeal or matter or motion is on
day's list for hearing if not called on, per day. 25.00
26. Attending Court to hear judgment where judgment is reserved, 15.00 5.00
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if Advocate is not briefed if Advocate is briefed
27. Attending taxation per hour, 15.00
28.
Attending Judge in Chambers or Registrar at hearing or
enquiry on review of taxation before Taxing Officer, if
Advocate is not briefed, per hour Where Advocate is briefed
15.00 5.00
29.
Attending on local enquiry or commission to examine witness
within the municipal limits of the seat of the Court, where
personal attendance of Advocate-on- Record is required per
hour.
7.00
30. Writing or answering necessary letters 2.00 to 5.00
31. Writing letters to witness, for each witness 2.00
32.
Writing letter of instructions to legal practitioner attending
examination of witness on commissions, when Advocate-on-
Record cannot attend personally
2.00 to 7.00
33.
Necessary translations made by translators approved by Court,
per folio 0.75
34 Receiving instructions to appeal, including petitions.
25.00 to
50.00
35
Receiving instructions to sue, or defend and or to
counterclaim
25.00
36. Drawing special case 16.00
37. Drawing interrogatorie 8.00 to 25.00
38. Drawing Bill of costs in appeals, or matters 5.00 to 10.00
39. Consultation with Advocate (if allowed) 25.00
40.
Making transcript or copying papers for the press where
necessary for preparing paper book, including examination,
per folio
0.62
41. Printing Paper book
Actual cost
at a
reasonable
rate to be
allowed by
the Taxing
Officer.
42.
Examination proofs, per folio (a) Comparing transcript record
per folio
0.25 0.12
43. Preparation of the case and other unforeseen works. Discretionary
- 86 -
FEES TO OFFICERS OF COURT
1.
Fees of interpreter for explaining at the house of a party or
any place other than the Court House, pleadings and other
documents except affidavits or affirmations, where not
exceeding 20 folios
Where over 20 folios for every 10 folios or part thereof
8.00
2.00
2.
Fees of Registrar for taking bonds at the house of a Party
or any place other than the Court House:- For the first
bonds, where within the municipal ,limits of the seat of
the Court
Where beyond such limits
For every bond taken at the same time and place after the
first, in the same, appeal or matter
16.00
24.00
8.00
3.
Fees of Registrar and commissioners for taking affidavits
or affirmations at the house of a party or any place other
than the Court house:
For the first affirmation where within the municipal limits
of the seat of the Court.
Where beyond such limits
For every affidavit, oath or affirmation taken at the same
time and place after the first in the same, appeal or matter
16.00
24.00
8.00
4.
Fees of Registrar and commissioners for receiving
affidavits, oath s or affirmation at the Court House for
every affidavit oath or affirmation
5.00
5.
Fees of interpreter for explaining bonds, affidavits or
petitions at the house of a party or any place other than the
Court House.
Half the fees
allowed to
Registrar or
Commissioner.
- 87 -
FIFTH SCHEDULE
RULES AS TO PRINTING OF RECORD
1. All records and other proceedings in appeals or other matters
pending before the Supreme Court shall be printed in the form
known as Demy Quarto.
2. The size of the paper used shall be such that the sheet when
folded and trimmed, will be 11 inches in length and 8 inches is
width.
3. The type to be used in the text shall be pica Type, but long
Primer shall be used in printing accounts tabular matter and notice.
The number of lines in each page of Pica Type shall be 47 or there
about and every tenth line shall be numbered in the margin.
4. Records shall be arranged in two parts in the same volumes,
where practicable, viz:-
Part 1:- The pleadings and proceedings, the transcript of the
evidence of the witnesses, the judgments decrees, etc., of the
Courts below down to the order admitting the appeal.
Part II:- The exhibits and documents
5. The index to Part I shall be in chronological order and shall be
placed at the beginning of the volume.
The index to Part II shall follow the order of the exhibit mark, and
shall be placed immediately after the index to Part I.
6. Part I shall be arranged strictly in chronological order, i.e., in the
same order as the index.
Part II shall be arranged in the most convenient way for the use of
the Court, as the circumstances of the case require. The documents
shall be printed as far as suitable in chronological order. Each
document shall show its exhibits mark, and whether it is a
- 88 -
plaintiff's or defendant's document (unless this is clear from the
exhibit mark) and in all cases documents relating to the same
matter such as:-
a series of correspondence, or
proceedings in a suit other than the one under appeal shall be kept
together. The order in the record of the documents in Part-II will
probably be different from the order of the index, and the proper
page number of each document shall be inserted in the printed
index.
The parties will be responsible for arranging the record in proper
order for the Court, and in difficult cases counsel may be asked to
settle it.
The documents in Part I shall be numbered, consecutively.
The documents in Part II shall not be numbered, apart from the
exhibit mark.
8. Each document shall have a heading which shall consist of the
number of exhibit mark and the description of the document in the
index, without the date.
9. Each document shall have marginal note which shall be repeated
on each page over which the document extends, viz.
PART I
(a) Where the case has been before more than one Court, the short
name of the court shall first appear. Where the case has been
before only one court, the name of the court need not appear.
- 89 -
(b) The marginal note of the document shall then appear consisting
of the number and the description of the documents in the index,
with the date, except in the case of oral evidence.
(c) In the case of oral evidence, "Plaintiffs evidence" or
"Defendant's evidence" shall appear beneath the name of the court,
and then the marginal note consisting of the number in the index
and the witness's name, with "Examination", "Cross-Examination",
or "re-Examination", as the case may be.
PART II
The word "Exhibits" shall first appear.
The marginal note of the exhibit shall then appear consisting of the
exhibit mark and the description of the document in the index with
the date.
10. The parties shall agree to the omission of formal and irrelevant
documents, but the description of the document may appear (both
in the index and in the record), if desired, with the word "not
printed" against it.
A long series of documents such as accounts, rent rolls,
inventories, etc., shall not be printed in full, unless counsel so
advises, but the parties shall agree to short extracts being printed as
specimens.
11. In case where maps are of an inconvenient size or unsuitable in
character, the appellant shall, in agreement with the respondent,
prepare maps drawn property to scale and of reasonable size,
showing as far as possible, the claims of the respective parties, in
different colours.
Charges for cyclostyling the record:-
- 90 -
(i) For preparing rough estimate or printing/ typing charges .. .. ..
32.00
(ii) Typing charges for first 12 copies .. .. 6.00
per page
(iii) For every additional copy other than the first 6.00 12 copies.
Per page
(iv) Preparation of index for every ten entries .. 4.00
(v) Binding charges (with card-board sides) .. 10.00 Per copy.
- 91 -
SIXTH SCHEDULE
FORMS
No.1
SUPREME COURT OF PAKISTAN
Certificate of enrolment of Advocate or Advocate-on-
Record.
(ORDER IV).
No………………..
THIS IS TO CERTIFY, THAT Mr./Mrs./Miss……………………………
has this day been admitted and enrolled (as a senior Advocate/as an Advocate) ( and
an Advocate -on-Record) in the Supreme Court of Pakistan.
Date this the day of 19
REGISTRAR.
- 92 -
UNDERTAKING ADVOCATE-ON-RECORD
(ORDER IV)
I, the undersigned, do hereby solemnly affirm and declare that I will observe, submit
to, perform and abide by all and every orders, rules, regulations, and practice of the
Supreme Court now in force or hereafter from time to time to be made, and also to
pay and discharge, from time to time, when the same shall be demanded, all fees,
charges, and sums of money due and payable in respect of any appeal, cause or
other matter in and upon which I shall appear as such Advocate -on-Record, and that
I shall maintain a regular account for each case in each form as the Court may
prescribe in respect of all sums received or disbursed on behalf of my client in
respect of any such appeal, cause or other matter.
- 93 -
No.3
UNDERTAKING BY ADVOCATE-ON-RECORD
(ORDER IV)
I, the undersigned, a partner in the firm __________________________ do hereby
solemnly affirm and declare that I will observe, submit to perform, and abide by all
and every orders, rules, regulations, and practice of the Supreme Court now in force
or hereafter from time to time to be made, and also to pay and discharge, on behalf
of myself and the firm, from time to time, when the same shall be demanded, all
fees, charges and sums of money due and payable in respect of any appeal, cause or
other matter in and upon which I shall appear as an Advocate-on-Record/partner of
the firm, and that the firm shall maintain a regular Account for each case in such
form as the Court may prescribe in respect of all sums received or disbursed on
behalf of the client of the firm in respect of any such appeal, cause or other matter.
- 94 -
No.4
INDEMNITY BOND BY ADVOCATE-ON-RECORD
(ORDER IV)
WHEREAS I,_________________________________________ (name,
description and address) have subscribed to an undertaking to pay and discharge on
behalf of myself or of the Firm namely ____________ Advocate -on-Record in which I
am a partner from time to time and as and when the same shall become due or be
demanded, all fees, charges, costs and other sums of money due or payable in
respect of any appeal, cause or other matter filed by me or by the said Firm or in
which I or the said Firm shall have appeared or filed any power as an Advocate-on-
Record or as a Firm of Advocate-on-Record.
NOW, THEREFORE, BY THESE PRESENTS I agree and consent to pay and
always to keep the Court indemnified against all such fees, charges, costs and other
sums as may be found to be due or payable in respect of any one such appeal, cause
or other matter or as may be demanded from me or from the said Firm upto the
extent or Rupees Five Thousand (Rs.5,0000.00), and in the event of the same not
being paid within seven days (7) days of the service of the notice of demand or
within such further time as may be allowed by the Court, execution may issue
forthwith against me, heirs, executors and administrators, goods and chattels for a
sum not exceeding Rupees Five thousand (Rs.5,000.00).
IN WITNESS WHEREOF I have on this the
--------------------------------------day of -------------------------------
affixed my hand and seal.
Seal & signature of Advocate-on-Record.
Witnesses:-
1.__________________
2.__________________
- 95 -
No. 5
"POWER OF ATTORNEY" TO ADVOCATE-ON-RECORD
(ORDER IV)
In the Supreme Court of Pakistan,
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(A. B.) (Appellant)
(Plaintiffs)
(Province of A. B.)
Versus
(Respondent)
(Defendants)
(Opposite party)
(C.D.)
I (we) A. B. of (residence and address of place)
Plaintiff(s)/ Appellant (s)/ Petitioner (s)/
Defendant(s) / Respondent(s)/Opposite Party.
In the above suit/Appeal/Petition/Reference do hereby appoint and Constitute
Mr.__________ Advocate-on-Record Supreme Court, the Advocate -on-Record for
the aforesaid appellant [or plaintiff(s) or petitioner(s) or Respondent(s) or
defendant(s) or opposite party] to commence and prosecute (or to appear and
defend this action appeal/suit/petition/reference on my (our) behalf and all
proceedings that may be taken in respect of any application connected with the same
including proceedings in taxation and applications for review, to draw and deposit
money, to file and take back documents, to accept the processes of the Court, to
appoint and instruct counsel, to represent the aforesaid appellant [or plaintiff(s) or
petitioner(s) or respondent(s) or defendant(s) or opposite party] in the above matter
and to do all things incidental to such acting for the aforesaid appellant [or
plaintiff(s) or petitioner(s) or respondent(s) or defendant(s) or opposite party]. The
- 96 -
aforesaid appellant [or plaintiff(s) or petitioner(s) or respondent(s) or
defendant(s) or opposite party] agree(s) to ratify all acts done by the
aforesaid Advocate-on-Record in pursuance of this authority.
IN WITNESS WHEREOF I (we) do hereunto set my (our) hand(s) this the
day of.
(Signature)
The address for service of the said Advocate-on-Record is ……………..
- 97 -
No.6
FORM OF SUMMONS FOR AN ORDER IN CHAMBER
(ORDER V)
IN THIS SUPREME COURT OF PAKISTAN.
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
A.P. (Appellant)
(Province of A.B.)
Versus
(Respondent)
(Defendants)
(C.D.)
(Province of C.D.)
Let all parties concerned attend before in Chambers at the Court
House. on the day of 19
at o'clock in the forenoon on the hearing of an
application on
the part of the above-named (state on whose behalf the application is made and the
precise object of the application).
Date this the day of 19
This summons was taken out by Advocate-on-Record for the appellant.
To (insert the names of the Advoca te-on-Record for the persons to be served e.g., B.
Advocate -on-Record for the defendants).
To the plaintiffs or defendants or appellant A.B. or as the case may be.
- 98 -
GROUNDS
(Here insert a list of the materials relied on, e.g., affidavit of X.Y.Z. etc.).
- 99 -
No.7
NOTICE OF APPEAL FROM REGISTRAR
(ORDER V)
IN THIS SUPREME COURT OF PAKISTAN.
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(Appellant)
(Plaintiffs)
(Province of A. B.)
Versus
(Respondent)
(Defendants)
(C.D.)
(Province of C.D.)
Take notice that the above-named plaintiff (or as the case may be) intends to appeal
against the decision of the Registrar given on the day of (ordering or refusing to
order) that
And further take notice that you are required to attend before the Judge in
Chambers at the Court House (Lahore) on the day of 19 at o'clock in the
forenoon, on the hearing of an application by the said plaintiff (or as the case may
be) that (here state the order sought to be obtained).
To etc.
(Signed etc.)
- 100 -
No.8
NOTICE OF MOTION
(ORDER VI)
IN THIS SUPREME COURT OF PAKISTAN.
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(Appellant)
(Plaintiffs)
(Province of A. B.)
Versus
(Respondent)
(Defendants)
(C.D.)
(Province of C.D.)
Take notice that the Court will be moved on the day of 19 at
o'clock in the forenoon or so soon thereafter as Counsel can be heard (state by
whom, and on whose behalf the motion is to be made as thus: by Mr. A. Counsel on
the part of the above-name defendants C.D. or by the above named defendants C.D.
in person or, on the part of G.F. or (insert place of residence, description and
addition of applicant, if not a party to the proceedings), that (here state the precise
object of the motion, as thus: this action may stand dismissed for want of
persecution).
Date this the day of 19
(State name, etc., of Advocate -on-Record
party or person giving notice).
- 101 -
To
(State name of the Advocate -on-Record or party to whom the notice is given).
- 102 -
No.9
FORM OF OATH BY TRANSLATOR.
(ORDER VII)
IN THE SUPREME COURT OF PAKISTAN,
In the matter of a translator.
I, solemnly affirm and say that I will translate correctly and
accurately all documents given to me for translation.
Before, the 19
REGISTRAR.
- 103 -
No. 10
APPLICATION FOR PRODUCTION OF RECORD
(ORDER IX)
IN THIS SUPREME COURT OF PAKISTAN.
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(Appellant)
(Plaintiffs)
(Province of A. B.)
Versus
(Respondent)
(Defendants)
(C.D.)
(Province of C.D.)
To
The Registrar,
Supreme Court of Pakistan.
Sir,
Please produce the record of the above case before on
(signed)
Dated this the Day of 19
- 104 -
No.11
NOTICE TO PARTIES OF THE DAY FIXED FOR
DELIVERY OF JUDGMENT
(ORDER X)
IN THIS SUPREME COURT OF PAKISTAN.
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(Appellant)
(Plaintiffs)
(Province of A. B.)
Versus
(Respondent)
(Defendants)
(C.D.)
(Province of C.D.)
To
(Name of parties or their Advocate -on-Record).
Take notice that the Court will deliver judgment in the above-named case on the
day of 19 at o'clock in the forenoon, or as soon thereafter as may be
convenient to the Court.
Dated this the day of 19
REGISTRAR.
- 105 -
No.12
NOTICE TO RESPONDENT OF LODGING OF APPEAL
(ORDER XV)
IN THIS SUPREME COURT OF PAKISTAN.
(Appellate Jurisdiction)
Case No. of 19
Appeal from the Judgment (or decree or final order) of the High Court of
at dated the of 19 in case No.
(here give number of case in High Court) was presented by the above -named
appellant on the day of 19 and has been registered in this Court as Criminal Appeal
No. _____________ of ________
dated this the day of 19
REGISTRAR.
- 106 -
No.13
CERTIFICATE FROM ADVOCATE-ON-RECORD IN
RESPECT OF VALUE OF SUBJECT MATTER OF
LITIGATION IN APPEAL
FILLED UNDER ORDER XII, RULE 1 S. C. R.
IN THE SUPREME COURT.
(Appellate Jurisdiction)
Civil Appeal No. of 19
(A. B.)
Appellant
Versus
(C.D.)
Respondent.
CERTIFICATE
I, ---------------------------------------- Advocate-on-Record for the appellant in the
above -cited appeal do hereby certify that the amount value of the subject matter in
dispute in the Court of first instance was, and also in dispute in appeal, is not less
than fifty thousand rupees.
Dated this the day of 19
Advocate -on-Record
Address for service.
- 107 -
No. 14
CERTIFICATE FROM ADVOCATE-ON-RECORD IN
RESPECT OF VALUE OF PROPERTY IN APPEALS FILED
UNDER ORDER
XII, RULE 1 S.C.R.
IN THE SUPREME COURT.
(Appellate Jurisdiction)
Civil Appeal No. of 19
A. P. ………………………………. Appellant
Versus
C.D. ………………………………. Respondent
CERTIFICATE
I, ---------------------------Advocate -on-Record for the appellant in the above-cited
appeal do hereby certify that the judgment/decree/final order involves
directly/indirectly a claim/question respecting property of the value of not less than
Rupees fifty thousand and that the judgment/decree final order appealed from has
varied/set aside, the judgment/decree/final order of the court immediately below.
Dated this the day of 19 …….
Advocate -on-Record.
- 108 -
No. 15
MEMORANDUM OF APPEARANCE IN PERSON
Case No. of 19
IN THE SUPREME COURT OF PAKISTAN,
(Appellate Jurisdiction)
(A. B.)
(Appellant)
Versus
(C.D.)
(Respondent)
To
The Registrar,
Please enter an appearance for me (name of respondent) the respondent above -
named in this appeal.
Dated this the day of 19
(Signature of Respondent)
Address for service.
- 109 -
No.16
NOTICE TO PARTIES OF THE DAY FIXED FOR
HEARING OF APPEAL
(ORDER XIX)
Case No. of 19
IN THE SUPREME COURT OF PAKISTAN,
(Appellate Jurisdiction)
(A. B.)------------------ Appellant
Versus
(C.D.) ------------------ Respondent
To
(Name of parties and their Advocate -on-Record)
Take notice that the above appeal is fixed for hearing on the day of 19
and shall be taken up for hearing by the Court on that day at O'clock in the forenoon
or as soon thereafter as may be convenient to the Court.
Dated this the day of 19
REGISTRAR.
- 110 -
No.17
SUMMONS TO ATTEND TAXATION
(ORDER XXVIII)
IN THE SUPREME COURT OF PAKISTAN,
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(A. B.) (Appellant)
(Province of A. B.) (Plaintiff)
Vs.
(C.D.)
(Respondent)
(Province of C.D.)
(Defendants)
Bill No. of 19 Here state the
names of
The parties to
the bill.
WHEREAS Mr. Advocate -on-Record for the appellant (or Plaintiffs,
respondents or defendants) has lodged a bill of costs (copy appended hereto) for
taxation as between (party and party and also as between Advocate -on-Record and
client) notice is hereby given that the Taxing Officer of the Court will proceed to tax
the said bill on the day of 19 at, o'clock in the forenoon when you
may attend before the taxing Officer in his office in the Court House and contest the
said bill on any items therein.
Dated this the day of 19
TAXING OFFICER.
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No. 18
CERTIFICATE OF TAXATION
IN THIS SUPREME COURT OF PAKISTAN,
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(A. B.)
Appellant
(Province of A. B.)
(Plaintiffs)
Vs.
(C.D.)
(Respondent)
(Province of C.D.)
(Defendants)
Bill No. of 19 Here state the
names of
The parties to the bill.
I do hereby certify that I have taxed the above bill of coasts lodged in this Court by
Mr. E. F. Advocate -on-Record for appellant (or plaintiffs or respondents or
defendants) against (here insert name of party or client) and do allow, as between
(Party and party and also as between) Advocate-on-Record and client the sum of
(amount in figures and words) only.
Dated this the day of 19
TAXING OFFICER.
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No.19.
NOTICE OF PROCEEDINGS TO THE ATTORNEYGENERAL
FOR PAKSITAN OR THE ADVOCATEGENERAL
OF A PROVINCE
IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(A. B.)
(Appellant)
(Province of A. B.)
(Plaintiffs)
Vs.
(C.D.)
(Respondent)
(Province of C.D.)
(Defendants)
To
The Attorney-General for Pakistan.
The Advocate -General of a Province.
Take notice that the above-named case has been filed in this Court (and is fixed for
hearing on the day of 19 and shall be taken up for hearing by the
Court on that day, at o'clock in the forenoon or as soon thereafter as may be
convenient to the Court, (and shall be fixed for hearing on a suitable date of which
the service will be given to you).
As the case raises (an) important question(s) (here state briefly the question(s)
involved notice is hereby given to you so that you may appear and take such part in
the proceedings before this Court as you may be advised).
Dated this the day of 19
REGISTRAR.
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No.20
AFFIDAVIT OF SERVICE OF SUMMONS
IN THE SUPREME COURT OF PAKISTAN,
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(A. B.)
(Appellant)
(Province of A. B.)
(Plaintiffs)
Vs.
(C.D.)
(Respondent)
(Province of C.D.)
(Defendants)
Advocate -on-Record for the above -named
make oath
-------------------- and say as follows:-
Solemnly affirm
I did on the day of , serve Mr.
Advocate -on-Record for the above -named in this action for appeal with
a true copy of the summons now produced and shown to me marked, by leaving it,
before the hour of four in the afternoon at the (office or dwelling house) of
the said situate (being the address for service in this
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action (or appeal) with his clerk or his servant, or as may be there), or by
posted at the post office at in a duly registered envelope addressed to
this said at being the address for service in this action
(or appeal).
Sworn at this day of 19 before me.
This Affidavit is filed on behalf of
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No.21
AFFIDAVIT OR SERVICE BY POST
IN THE SUPREME COURT OF PAKISTAN,
(Appellate Jurisdiction)
(Original Jurisdiction)
Case No. of 19
(A. B.)
(appellant)
(Province of A. B.)
(Plaintiffs)
Vs.
(C.D.)
(Respondent)
(Province of C.D.)
(Defendants)
Advocate -on-Record for the above -named
Make oath
--------------- and say as
follows:-
Solemnly affirm
I did serve the Advocate -on-Record for the above -named in this Appeal action for the
above -named (if he has appeared in person) with the summons for
notice or other document) now produced and shown to me marked A by posting on
the day of 19 at (name of Post Office) a true copy of the
said summons or as may be (in a prepaid envelope registered for
acknowledgement addressed to the said Advocate -on-Record or
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Respondent or as may be ) at which is his address for service.
The postal acknowledgement is attached hereto.
Sworn at this day of 19 before me.
This affidavit is filed on behalf of the-------------------------------------------
By Order of the Court
M.A. Latif
Registrar