CONTENTS
PART I
GENERAL CHAPTER I
Preliminary
1.
Short title
1
2.
Commencement and repeal
1
3.
Definitions
1
4.
Seal of the Court
1
5.
Presentation of Appeals etc.
2
6.
Urgent matters
2
CHAPTER II
Sittings, Office Hours, Vacations and Holidays
7.
Sittings
2
8.
Office hours
2
9.
Vacation
2
10.
Court holidays
2
PART II
Exercise of Appellate Jurisdiction
CHAPTER III
Constitution and Powers of Benches
11.
Jurisdiction ordinarily exercised by Division Court of two Judges
3
(1) Civil Jurisdiction
(2) Criminal Jurisdiction
(3) Constitutional Jurisdiction
12.
Matters disposed of by a Single Judge
3
(1) Civil Jurisdiction
(2) Criminal Jurisdiction
(3) Constitutional Jurisdiction
13.
Judge on duty during vacation
4
i
14.
Composition of Full Bench
5
15.
Reference to Division Bench or Full Bench
5
16.
Constitution of Benches
5
CHAPTER IV
Powers of the Registrar, Appellate Side, and the Deputy Registrar
17.
Powers and duties of Registrar in connection with admission
5
18.
Application of rule 17 to applications
5
19.
Application which may be disposed of by Registrar
6
20.
Other powers of Registrar
6
21.
Delegation of powers by Registrar to Deputy Registrar
7
22.
Revision of orders of Registrar and the Deputy Registrar
7
23.
Powers under S. 152 C.P.C.
7
PART III
Practice and Procedure
CHAPTER V
GENERAL
Form of Proceedings
24.
Title of appeals and applications
7
Institution of Proceedings
25.
Joinder of parties in criminal appeal or application
8
26.
Application for transfer to be supported by affidavit
8
27.
Copy of Judgment or order to accompany application for revision
8
28.
Copies of decrees, etc., of lower Courts to accompany second
appeals and civil revision applications
8
29.
Copy of Judgment to accompany appeal against conviction
8
30.
Copy of Judgment to accompany appeal against acquittal
8
31.
Grant of leave to appeal
8
32.
Provisions to apply acquittal appeals
8
33.
Time within which appeal to be filed and the documents to
accompany the appeal under Section 417(2-A)
8
ii
34.
Appeal filed after limitation to be accompanied by petition
and affidavit explaining delay
9
35.
Typed copies of appeals and applications to be furnished of parties 9
36.
Registrar to dispense with the copies of the judgment in
subsequent appeals by co-accused
9
37.
When copies in other case may be dispensed with
9
38.
All proceedings on Appellate Side to be presented to Deputy
Registrar (J)
9
39.
Course to be followed when certain affidavit and copies not filed
9
40.
Return of papers to parties when registration refused
9
41.
Institution Registers
10
(1) Civil Appellate Side
(2) Criminal Appellate Side
Procedure on Admission
42.
Notice to Advocate-General or Public Prosecutor in criminal
appeals and revision applications
10
43.
In what matters advocate appointed at Government cost
10
44.
Form of warrant
10
45.
Calling for records from lower Courts in interlocutory matters
10
46.
Process fee when to be ordinarily paid to the Nazir, after expiry of
time not to be received without order. Effect of failure to pay
11
47.
Time for filing objections after receipt of lower Court’s finding
on issues sent down
11
Dates and Cause-List
48.
Hearing of appeals and applications-fixing of dates
11
49.
Cause-list
11
50.
Duties of Assistant Registrars on Appellate Side
11
General
51.
Practice and procedure on Original Side to apply to Appellate Side 12
CHAPTER VI
APPEALS UNDER SECTION 3 OF THE ORDINANCE
52.
Limitation
12
iii
53.
Form
12
54.
Appeal fixed for final hearing before a Division Bench without
summary hearing
12
55.
Vakalatnama
12
56.
Rules 5 and 6 of Order XLI made applicable
12
CHAPTER VII
Reviews, Revisions and References
57.
Application for review
12
58.
Notification of day for hearing
12
59.
When revision application not entertained
12
60.
Cases to be forwarded to the Registrar
13
61.
Number and title to be entered in a Register
13
62.
Date appointed for hearing to be notified
13
63.
Copy of the Judgment to be sent
13
CHAPTER VIII
Limitation
64.
Time for applications for exercise of Civil Jurisdiction
13
65.
Time for application by Government for exercise of Criminal
Jurisdiction in revision
13
66.
Court may excuse delay
13
67.
Time for revision of order of Registrar, etc.
13
CHAPTER IX
Preparation of Paper-Books
Civil
68.
Papers which must be included in paper-book
13
69.
Other papers may be included on appellant filing list
14
70.
Appellant to make application for translation
15
71.
Respondent’s list
15
72.
Form of application for translation
15
73.
Any party entitled to inspect the list
15
iv
74.
When respondent may apply for inclusion of any paper at the cost
of the appellant
15
75.
Accounts, etc., not to be prepared in full
15
76.
Procedure regarding objection to inclusion of document
15
77.
Deposit of costs estimated
16
78.
Deposit of additional amount
16
79.
If respondent’s list not filed paper-book prepared according to
appellant’s list or under rule 68
16
80.
No extension of time except on application in writing
16
81.
Consequences of default in making deposit, etc.
16
82.
Procedure on respondent applying for inclusion of papers in
paper-book subsequently
16
83.
Paper-book to consist of typewritten copies
17
84.
Number of copies to be typed
17
85.
Rule 68 to 82 apply to civil revision applications
17
86.
Preparation of paper-book if appeal dismissed under rule 81 and
cross-objection not withdrawn
17
CRIMINAL
Cases involving Capital Sentences
87.
Printing of record
17
88.
Copy to be supplied free to defence advocate
17
Other Appeals, References and Revisions
89.
Paper-book in appeals
17
90.
Paper-book in miscellaneous appeals and applications
18
91.
Costs
18
92.
Number of copies to be fixed by Registrar
18
93.
One copy of printed book and one copy of judgment to be sent
to Government if death sentence confirmed
18
General
94.
Paper Book to be bound and paged
18
CHAPTER X
95.
Rules of Procedure in cases under Section 374
of the Code of Criminal Procedure
Procedure
v
18
96.
Contents of printed record
18
97.
Copies of Record
19
98.
Defence counsel at Government expenses
19
99.
Time limit for hearing Murder References
19
100. Information of decision to accused
19
101. Record to be sent to Government
19
CHAPTER-X-A
Rules regarding legal assistance to persons
charged with capital offences in the High Court
102. Accused to be asked, if he can engaged a counsel
20
103. The Sessions Judge to certify if accused is pauper
20
104. Sessions Judge while making reference to State is accused was
represented by counsel
20
105. Sessions Judge to certify that the accused is unable to engage a
counsel
20
106. High Court may arrange counsel at Government expense in cases
other than poverty
20
107. List of defence counsel to be maintained
20
108. Selected counsel to be provided with case record
20
109. Scale of Fees of Defence Counsel
20
PART IV
RECORDS
CHAPTER XI
Preservation and Destruction of Records, Record Keeper
110. Decided matters to be sent to record keeper
21
111. Duties of Record Keeper
21
112. Arrangement of records of decided matters
21
113. Register of Requisitions for Records
22
114. Removal slip
22
115. Plan of record room
22
vi
Destruction of Records
General
116. Records to be permanently preserved
22
117. Period for destruction of other record
23
Civil Records
Appellate Side
118. The following record on Appellate Side to be permanently
preserved
24
119. Other record on Appellate Side to be destroyed
24
Criminal Records
Appellate Side
120. What record on Criminal Appellate Side to be permanently
preserved
24
121. Criminal returns when to be destroyed
25
122. Other records when to be destroyed
25
Procedure
123. Making of documents to be permanently preserved
25
124. Useless records to be destroyed once a year
25
125. Applications for return of documents to be made early
25
126. Method of destroying useless records
25
CHAPTER XII
Copies
127. Copy not to be made without order
25
128. Contents of application
25
129. Application by Stranger
26
130. Who may grant copies and of what record
26
131. Registration of application and estimate of copying and other fees 26
132. Preparation of copies not commenced until prescribed fees
deposited
vii
26
133. Procedure when amount deposited insufficient
27
134. Copyist
27
135. Copies how made
27
136. Copies to be compared before certified
27
137. Copies how certified, endorsed with the following particulars
27
138. Cancellation of Court-fee stamps on certified copies before issue
27
139. Posting of list of copies ready for delivery
27
140. Uncertified copies may be certified
28
141. Refund
28
142. Head Copyist responsible for safe custody of record
28
143. What accounts to be maintained re: copying and comparing
fees-Distribution of Fee
28
144. Registrar includes Additional Registrar (O.S.)
28
CHAPTER XIII
Translations
145. Official translation alone admissible
28
146. Reader to attend when document not in Sindhi, Gujrati or Urdu
28
147. Procedure when documents are required transcribed in another
character before translation
29
148. Affidavit by reader
29
149. Statement to be added to transcript
29
150. Translation from dictation of reader when inadmissible in evidence 29
151. If transcript is incorrect, costs of fresh translation
29
152. When matter to be referred to Court
29
153. When documents are to be sent in for translation on failure costs
may be disallowed
29
154. Application for translation to state date of hearing
29
155. Private translation prohibited
30
156. Consequence of default in payment of fees
30
157. Sanction for immediate translation
30
158. Translation of entry in lieu of copy
30
viii
159. Oath or affirmation to Translator
30
160. Duties of Head Translator
30
161. Form of Register of applications for translations
30
162. Estimate of cost and payment thereof to be made before
translation
30
163. Checking of translations
31
164. Copies of translation to be made by copyist
31
165. Provisions of Chapter XII apply
31
166. Fees
31
CHAPTER XIV
Inspection
167. Inspection allowed only on application in writing
31
168. Application by stranger
31
169. Inspection before R.K. during office hours
31
170. Copies of extracts not to be taken
31
171. Registrar to include Additional Registrar, O.S.
31
PART V
CHAPTER XV
Executive and Administrative Business of the Court
172. Administrative Judge
32
173. Administrative Committee
32
174. Allocation of administrative work
32
(A) Matter for the Chief Justice
(B) Matters for Administrative Judges
(C) Matter for the Administrative Committee
(D) Matter for the Full Court
175. Conduct and business by the Administrative Committee and the
Full Court
34
176. Procedure for circulation
34
177. Opinion of Judge
34
ix
178. Papers to be submitted to Chief Justice after circulation
34
179. Full Court meeting
34
180. Meeting of Administrative Committee
34
181. Notice of meeting to Judges
34
182. Quorum
35
183. Decision in case of a difference of opinion
35
184. Proceeding to be recorded
35
185. Custody of minute book
35
186. Disposal of executive and administrative business of the Court
during vacation
187. Registrar to be in-charge of office administration
35
35
188. No Court Officer to be receiver or guardian without previous
sanction
35
189. No Officer of the Court to be a surety and no Advocate of Officer
to be bail
35
190. The Chief Justice may constitute committees
36
CHAPTER XVI
Judge’s Library
191. Librarian
36
192. Staff of Library
36
193. Duty of Librarian
36
PART VI
Rules under Special Enactments
CHAPTER XVII
RULES FRAMED UNDER SECTION 491(2) OF THE CODE
OF CRIMINAL PROCEDURE, 1898, TO REGULATE
PROCEDURE IN CASE UNDER SECTION 491.
194. Application supported by affidavit
37
195. Rule nisi on prima facie case
37
196. Search warrant
37
197. Assistance to the person entrusted with warrant
37
198. Warrant to whom addressed
38
199. Order on hearing of rule
38
x
200. Procedure as to evidence to be recorded
38
201. Bail pending hearing
38
202. Grant of compensation
38
203. Costs
38
204. Forms of warrants
38
CHAPTER XVIII
RULES UNDER SECTION 99-F OF THE CODE OF
CRIMINAL PROCEDURE, 1898
205. Application supported by affidavit
38
206. Title
38
207. Form
39
208. Petition to state interest of applicant
39
209. Grounds to be stated
39
210. Translation of documents annexed to be filed
39
211. Presentation to Registrar, Date of hearing
39
212. Notice to secretary to Government of Sindh, Home Department
39
213. Costs
39
214. Provisions of the Code made applicable
39
CHAPTER XIX
RULES FOR THE ISSUE OF ORDERS/DIRECTIONS UNDER
ARTICLES 199 AND 202 OF THE CONSTITUTION OF THE
ISLAMIC REPUBLIC OF PAKISTAN, 1973
215. Applicability of rules
39
216. Forms and contents of application
39
217. Forum
40
218. Notice to all parties
40
219. Appearance of Petitioner
40
220. Right of reply
40
221. Matter to be decided on affidavits
40
222. Service of writs
40
223. Costs
40
224. Court-fee
40
xi
225. Forms
40
PART VII
CHAPTER XX
Advocates’ Clerks
226. Definitions
41
227. Qualifications of Advocate’s registered clerk
41
228. Disqualification of enrolment
41
229. Application for registration
41
230. Preparation and maintenance of register
42
231. Restriction to work as clerk
42
232. Registration fee
42
233. Removal of name from the register
43
234. Acts which a registered clerk may perform
43
235. Identity card, dress and name plate
43
236. Punishment for misconduct
44
PART VIII
CHAPTER XXI
APPROVED LAW JOURNALS
237. Issue of copies
44
CHAPTER XXII
MISCELLANEOUS PROVISIONS
238. Dress for Officers, Officials of High Court
45
239. Entry in Court Building
45
240. Restriction on carrying arms
45
241. Repeal and Saving
45
APPENDIX A Forms
46
xii
APPENDIX B Registers
61
APPENDIX C Scale of Fees
66
xiii
xiv
Notification
Karachi, the____________2012
No. Rule_______/ 2012____________ In exercise of powers conferred by
Article 202 of the Constitution of Islamic Republic of Pakistan, the Chief Justice and
the Judges of the Sindh High Court have been pleased to make the following rules
regulating the practice and procedure of Appellate side of the High Court.
64
The Sindh High Court Rules
(Appellate Side)
PART I GENERAL
CHAPTER I
PRELIMINARY
1
Short title- These rules may be cited as "The Sindh High Court (Appellate
Side) Rules 2012”.
2
Commencement- They shall come into operation on the date of their
publication in the Official Gazette, and shall also apply so far as may be practicable
to all proceedings then pending.
3
Definitions- (1) In these rules unless there is anything repugnant in the
subject or context—
(i) “Code” means the Code of Criminal Procedure.
(ii) “High Court” means the High Court of Sindh and includes main seat at
Karachi, and its benches at Sukkur and Circuit Courts at other places.
(iii) "Ordinance" means the Law reforms Ordinance, 1972.
(iv) “Orders” and “rules” means the “Orders and Rules” as contained in the
first schedule to Code of Civil procedure:
(v) "Registrar" means the Registrar, High Court.
(vi) "Rules (OS)" means the Rules of the Sindh High Court, Original Side.
(2)
Interpretation-Rules 3 to 5 of the Rules (O.S.) shall, so far as may be, apply
to the interpretation of these rules.
(3)
Alteration, etc., of rules in First Schedule to the Code- The rules contained
in the First Schedule to the Code shall, so far as they are inconsistent with or
contrary to these rules, be deemed to have been thereby altered or superseded.
4
Seal of the Court- (1) The Court shall have and use as occasion may require
a Seal bearing a device and impression of “Crescent and Star” in the middle with
inscription around it, “ SEAL OF THE HIGH COURT OF SINDH”. The said seal
shall be delivered to and kept in the custody of the person nominated by the Chief
Justice in such manner as he deem fit.
Writs, summons, precepts, rules and orders and other mandatory processes to be
issued or awarded by the Court shall run and be in the name and style of the Court
and shall be sealed with said Seal.
(2) A Judicial order, civil or criminal from the office of the Court shall be in writing
and sealed. No such order shall be issued by telegram or telephone.
5
Presentation of Appeals etc- (i) An application, petition, memorandum of
1
appeal or cross-objection presented in Court be drawn up in the manner
prescribed by law, be signed on every page by the applicant, the petitioner, the
appellant or the objector, as the case may be, or by an advocate appearing on his
behalf and shall be dated. It should be properly stamped.
(ii) The above proceedings shall be presented within the time limit
prescribed by law. If filed beyond time, shall be accompanied by an application for
condonation of delay.
(iii) An affidavit presented in Court, shall be signed on every page by the
deponent and shall be dated.
(iv) The annexures filed by the petitioner, applicant, or appellant, along with
the petition, application, affidavit, counter affidavit, shall be consecutively numbered
as 1,2,3 and so on, and the annexures filed by the respondent or opposite party
along with counter-affidavit or application shall also be consecutively numbered.
6 Urgent matters- The matters intended to be taken up urgently shall be marked
“Urgent” and shall be presented to the Deputy Registrar (Judicial) before 11.00
a.m. who shall ordinarily fix them for hearing on next day .If, however, the Deputy
Registrar is satisfied that there is sufficient urgency, he shall mark the matter, with
permission of the bench, for hearing on the same day.
CHAPTER II
SITTINGS, OFFICE HOURS, VACATIONS AND HOLIDAYS
7 Sittings-The Court shall ordinary sit daily, except on notified holidays, for the
transaction of Judicial business between such hours as may be prescribed from
time to time.
No fresh case will ordinarily be called for hearing by a Bench after
1.30.p.m.but the hearing the hearing of a part heard case may be continued so
long as the Bench hearing it may deem fit.
8
Office hours- The offices of the Court shall be open daily, except in
vacation and holidays and on Friday, from 8.a.m. to 5.30 p.m, with break for Lunch
and Prayer from 1.30 pm to 2.30 p.m. but no work, unless of an urgent nature, shall
be accepted after 2-30 p.m. and no money shall be received or paid in the Nazir's
Office after 2 p.m. On Friday the break for Prayer and Lunch shall be between
12.30 to 2 p.m.
9
Vacation- The summer vacation to be observed in the High Court, its
bench, circuit courts and offices, shall ordinarily be for a period of two months
which shall begin and end on such days as the High Court may direct.
10
Court holidays- The Courts and offices of the High Court and its benches
shall be closed on such holidays as the High Court from time to time directs. A list
of such holidays shall be published yearly in the Official Gazette: provided that a
suitable arrangement shall be made for urgent petitions during Court holidays and
the summer vacation.
2
P ART II
EXERCISE OF APPELLATE JURISDICTION
CHAPTER III
CONSTITUTION AND POWERS OF BENCHES
11
Jurisdiction ordinarily exercised by Division Bench of two JudgesSave as otherwise expressly provided by these rules, the following cases shall be
heard and disposed of by a Bench of not less than two Judges:(1) Civil Jurisdiction
(a) Appeals under Section 3 of Law Reforms Ordinance against the orders/
judgments of Single Bench on Original Side, (b) Appeals under special
laws wherein appeal lies to the High Court,
(b) Applications incidental to or interlocutory or arising out of or relating to
the referred to above appeals pending or proposed to be filed in the High
Court and also application for withdrawal of appeals or applications for
consent decree or orders under Order XXIII, Civil Procedure Code.
(2) Criminal jurisdiction
(a) Appeals against the judgment of conviction imposing death sentence,
(b) References for confirmation of death sentence, (c) Show cause notice to
a convict/ appellant, who has been sentenced to imprisonment or
imprisonment for life, as to why the sentence should be altered to death,
(d) Grant of leave to appeal in acquittal appeal filed by the complainant
under Section 714(2) of the Criminal Procedure Code,(e) Appeals against
conviction/ acquittals under special laws wherein the appeal lies to the High
Court, and (f) appeals against the final order or sentence recorded by the
Environmental Tribunal and (g) Miscellaneous applications, including for
bails or stay in or out or relating to cases (a) to (f).
(3) Constitutional Jurisdiction
(a) Petitions under Article 199 (1) (a) (i) (ii) (b) (ii) (c) and (2) of the
Constitution of Islamic Republic of Pakistan;
(b) Miscellaneous applications, including applications for stay in or out of or
relating to items (a) above.
12
Matters disposed of by a single Judge- Save as otherwise expressly
provided by these rules, a Single Judge may dispose of the following
matters;
(1) Civil Jurisdiction
(a) Appeals (i) from original decree in suits passed by the District Judge
from which appeals lie to the High Court under the provisions of the Code of
Civil Procedure or any other laws; (ii) from original decree in suits passed by
the Civil Court, wherein the value of the original suit exceeds five hundred
thousand rupees (iii) from appellate decree under Section 100 and Order
XLII of the Code, of the amount or value fixed by the Provincial Government,
(iv) from orders under Section 104, Order XLIII, rule of the Code, (v) under
Section 47 of the Code.(vi) under Section 39 of the Arbitration Act, and (vii)
under the Proviso to Section 75 (1) and under Section 75 (3) of the
Provincial Insolvency Act,1920.
(b) Applications (i) for the exercise of the court’s revisional jurisdiction under
3
Section 115 of Civil Procedure Code (ii) for withdrawal of appearance or
cancellation of Vakalatnama (iii) for deposit or withdrawal of money, and (iv)
refund of court fees.
(c) Other applications incidental to or interlocutory or arising out of or
relating to the appeals or civil revision applications pending or proposed to
be filed in High Court and also applications for withdrawal of appeals or
applications for consent decrees or orders under Order XXIII, Civil
Procedure Code
(d) Applications for transfer of suits or proceedings pending in Court
subordinate to it to another Court of another district or to itself for disposal.
(e) Applications against the order of the Registrar passed under these rules
(2) Criminal Jurisdiction
(a) Appeals against convictions recorded by (i) sessions Judge, save the
sentence of death, (ii) Special Judges, Anti-Corruption (Central) Court, and
(iii) Anti-Corruption (Provincial) Court, (b) Acquittal Appeals, by (1)
Provincial Government under Section 417 (1), (2) Complainant under
Section 417 (2) , (3) An aggrieved person under Section 417 (2-A) of the
criminal Procedure Code, from an order of acquittal of a charge punishable
with imprisonment for life, (4) Appeals against conviction recorded by
Special Judge, Custom Court. (5) Appeals against order/judgment passed
by Tribunal under the Foreign Exchange Regulation Act, of 1947
(b) Applications for (1) the exercise of the Court’s revisional jurisdiction
under Section 439 of the Criminal Procedure Code.(2) the exercise of
inherent Jurisdiction under Section 56-A of the Criminal procedure Code, (3)
the exercise of power under Section 491 of Criminal Code read with Article
199 (1) (b) (I) of the Constitution of Islamic Republic of Pakistan.
(c) Applications for bail or stay, not arising in or out or relating to any appeal
or application already pending in the High Court.
(d) Miscellaneous applications, including applications for bail or stay in or
out of or relating to matters under item (a) and (b).
(e) Applications for Contempt of Court.
(3) Constitution Jurisdiction
(a) Petitions under Article 199 (1) (ii) of the Constitution of Islamic Republic
of Pakistan against the orders passed by (i) Family Courts, and (iii) other
Courts where no other adequate remedy is provided for in law.
13
Judge on duty during vacation- (1) Criminal work shall continue to be
dealt with during vacation by such Judges as may be nominated for the purpose by
the Chief Justice.
(2) Such Judges may also exercise the original, appellate, revisional. Civil or
writ jurisdiction vested in the Court in fresh matters which in their opinion require
immediate attention. Such jurisdiction may be exercised even in cases which are
under the rules are to be dealt with by two Judge or more Judges, unless the case
is required by any other law to be heard by more than one Judge.
(3) Subject to any general or special order of the Chief Justice, the senior
most vacation Judge shall, in absence of Chief Justice, exercise jurisdiction in
connection with the arrangement of benches, listing of cases and other matters.
4
14
Composition of Full Bench- (1) A Full Bench shall consist of any number
of Judges but not less than three Judges in pursuance of an order in writing by the
Chief Justice.
(2) When a reference is made by Bench of two Judges expressing the view that the
view expressed by earlier Bench on the same point of law need to be revisited.
One of the referring Judge or both may sit as member or members of the Full
Bench (Multiline Associate’s case, P.L.D. 1995 S.C.).
(3) The Chief Justice may constitute a Bench of two or more Judges to decide a
case or any question of law formulated by a Bench hearing a case. In the latter
event the decision of such Bench on the question so formulated shall be returned
to the Bench hearing the case and that Bench shall follow that decision on such
question and dispose of the case after deciding the remaining questions, if any,
arising therein.
(4) A reference under Section 57 or 60 of the Stamp Act, 1899 shall be heard and
disposed of by a Bench of not less than three Judges.
15
Reference to Division Bench or Full Bench- (i) A Judge may, if he thinks
fit, refer any matter with the permission of the Chief Justice to a division Bench of
two Judges.
(ii) A Division Bench may, if it thinks fit, refer any matter with the permission of the
Chief Justice to a Full Bench.
16
Constitution of Benches- (1) Judges shall sit alone or in such Division or
Full Courts as may be constituted from time to time and do such work as may be
allotted to them by order of the Chief Justice or accordance with his directions.
(2) Subject to any general or special order of the Chief Justice, Senior Judge shall,
in the absence of the Chief Justice, exercise jurisdiction in connection with the
arrangement of Benches, listing of cases and other like matters.
CHAPTER IV
POWERS OF THE REGISTRAR, APPELLATE SIDE, AND TH DEPUTY
REGISTRAR
17
Powers and duties of Registrar in connection with admission- (1) The
Registrar shall admit to the Register of Appeals "memorandum of appeals” and
“cross-objections”, which are duly stamped, are in the form, contain the particulars
required by law and these rules, are accompanied by the necessary copies and are
presented within the period prescribed for the same.
(2) The Registrar shall decide all questions under sub-rule (I), and return a
memorandum of appeal or cross-objections, Civil Revision Application etc, with
memo of objection in Form No. 1 of the Appendix A, to be amended in accordance
with the procedure or practice of the Court or to be represented after such other
requisition, as he is empowered to make, has been complied with.
(3) The Registrar may reject or return for amendment any memorandum of appeal
under Order XLI, Rule 3 of the Code.
(4) No appeal shall be considered pending within Order XLI, Rule 6 of the Code
until it has been admitted to the register.
18
Application of rule 17 to applications- The provisions of rule 17 apply
mutates mutandis to applications other than memorandum of appeals which may
be presented to the Court, and the term "appellant" in rule 17 includes "applicant"
and the term "respondent" includes "opponent".
5
19
Application which may be disposed of by Registrar-The Registrar may
dispose of the following applications:(i) applications for the admission of a next friend of minor or a person of
unsound mind or for the appointment of a new next friend or a guardian for
the appeal or application;
(ii) applications under Order I, Rule 8 of the Code:
(iii) applications for issue of fresh notice or for extending the time for, or
ordering a particular method of, service of notice on a Respondent [Order
XLI, Rule 14, and Order IX Rule 5 (1)];
(iv) applications for entering on the record a the name of the heir or legal
representative of the deceased Appellant or Respondent (Order XXII, Rules
2,3 and 4);
(v) applications to add additional points to the memorandum of appeals or
for formal orders directing them to be brought before the Court with the
appeal. (Order XLI, Rules 1 and 2);
(vi) applications for extension of time for payment of process fees, printing
charges, translation charges, etc., not paid within the time allowed;
(vii) applications to excuse delay in filing copies, required by the rules and
applications for dispensing with the filing of such copies if the appeal is
otherwise filed in time;
(viii) applications for extension of time in cases remanded for further
evidence or findings on issues;
(ix) applications for extending the time or excusing the delay in filing
applications for translations under rules 62 and 63;
(x) application for orders for substituted service (Order V Rule 20);
(xi) applications for the issue of notices to proposed guardians. [Order
XXXII, Rule 3(4)];
(xii) applications for withdrawal of appeals or cross- objections or for
consent decrees except those in which the sanction of the Court is needed
under Order XXXII , Rules 7 and 15;
(xiii) applications for the return of documents;
(xiv) applications for the refund of the money deposited with the Nazir.
20
Other powers of Registrar- The Registrar may besides.
(i) sign all decrees made by the Court;
(ii) call for records from subordinate Courts;
(iii) dispose of requisitions by subordinate Courts for records and
documents;
(iv) require any person or party to file an affidavit with respect to any
application or matter in respect of which he has power to exercise any
discretion or to make any, order;
6
(v) stop at his discretion the issue of any document’s copy or other paper to
any person who has failed to pay any fee or charge due to the Court;
(vi) receive applications for substitution of names in an appeal;
(vii) decide the question of the necessity for transcribing and printing any
account not specifically applied for by the parties to appeals;
(viii) call for a further deposit when the deposit already made by the
appellant in an appeal not sufficient to defray the cost of preparing the
record, and to fix the time within which such further deposit is to be made;
(ix) order payment of the interest accruing on Government Promissory
Notes deposited under Order XLV, Rule 7 of the Code, and to order refund
of any unexpended balance under Order XLV, Rule 12 of the Code;
(x) exercise the powers of a Court under Order XLV, Rule 8;
(xi) make an order for payment of costs of any application heard by him;
(xii) refer any matter before him to the Court for orders.
21
Delegation of powers by Registrar to Deputy Registrar- The Registrar
may delegate to the Deputy Registrar his powers under sub rule (1) of rule 17 to
return a memorandum of appeal which does not contain the particulars required by
law and these rules or is not accompanied by the necessary copies, and his
powers under sub-rule (3) of rule 17, of clauses (iv), (v), (viii) and (x) of rule 19 and
also as regards "applications for issue of fresh notice" under clause (iii) of rule 19.
22
Revision of orders of Registrar and the Deputy Registrar- Order made
by the Registrar or the Deputy Registrar under rules 17and 19 and clauses (v), (vii),
(x) and (xi) of rule 20 shall be subject to revision by a single Judge on the motion of
the party aggrieved; but orders made by the Registrar under Order V, Rules 19, 20,
21 and 21-A of the First Schedule to the Code shall be final.
23
Powers under S. 152 C.P.C- The Registrar and the Deputy Registrar may
exercise the powers of a Court under section 152 of the Code in respect of their
own orders under rules 17 to 20.
PART III
PRACTICE AND PROCEDURE
CHAPTER V
GENERAL
Form of Proceedings
24
Title of appeals and applications- (1) Memorandum of appeals, and
applications shall be entitled "In the High Court of Sindh at Karachi" and shall state
the jurisdiction (Appellate Civil, Appellate Criminal, Extra-Ordinary Writ),
memorandum of civil appeals shall further state immediately below the title whether
it is "First Appeal", "Second Appeal" “Miscellaneous Civil Appeal” or " High Court
Appeal under Section 3 of law reforms Ordinance1972.
(2)
Civil appeals shall be accompanied by an application for the preparation of
copies and translations specified in Chapter IX.
7
Institution of Proceedings
25
Joinder of parties in criminal appeal or application- In criminal matters
several persons, complaining of one order or judgment affecting them all, may join
in one appeal or application for revision and one copy of the Judgment or order
complained of shall be sufficient.
26
Application for transfer to be supported by affidavit- In applications for
the exercise of the Revisional Jurisdiction of the High Court and in applications for
the transfer of a suit or of a civil or criminal matter, the statement of facts contained
therein and not appearing in the judgment or order complained of shall be
supported by an affidavit, unless, in any criminal matter, the Court shall see fit to
dispense with the affidavit.
27
Copy of Judgment or order to accompany application for revision- An
application for the exercise of the Revisional Jurisdiction of the High Court shall be
accompanied by a copy of the Judgment, decree or order complained of as well as
the pleadings, documents filed by parties.
28
Copies of decrees, etc., of lower Courts to accompany second
appeals- Memorandum of second appeal for the revision of appellate decree or
order shall be accompanied by copies of the decree and judgment or order of the
lower Appellate Court.
29
Copy of Judgment to accompany appeal against conviction- Appeal
against conviction under Section 410 Cr.P.C. shall be filed within the period of
limitation prescribed by law and shall be accompanied by a certified copy of the
impugned judgment of the trial court.
30
Copy of Judgment to accompany leave to appeal against acquittal(1) An application for leave to appeal against acquittal under section 417 (2)
Cr.P.C. shall be filed within (60) sixty days from the date of judgment or order
sought to be appealed. Such application shall be made in the form of a petition in
writing to the Deputy Registrar by the Complainant or his pleader and every such
application shall be accompanied by a certified copy of the Judgment or Order
appealed against.
31
Grant of leave to appeal- Where the Court grants leave to appeal against
acquittal;
(a) the petition shall be registered as appeal and the Deputy Registrar shall
furnish a certified copy of the Order to the Court passing the Order/
Judgment appealed and shall call for the record of the case.
(b) the Court may issue a warrant directing that the respondent be arrested
and be brought before it or any subordinate Court, and the Court before
which he is brought may commit him to judicial custody pending the disposal
of appeal.
32
Provisions to apply acquittal appeals- Provisions applicable to criminal
appeal regarding summoning of record, preparation of paper book and hearing of
appeal shall apply Mutatis- Mutandis to acquittal appeals.
33
Time within which appeal to be filed and the documents to accompany
the appeal under Section 417 (2-A)- Appeal under section 417(2-A) Cr.P.C. shall
be filed by an aggrieved person against the Order of acquittal within thirty days and
shall be accompanied by the certified copies of the F.I.R, charge sheet, depositions
of the witnesses examined during trial and the impugned Judgment. The appeal
8
shall be placed before the Bench hearing acquittal appeals for Kacha Peshi and
further action taken in accordance with the orders passed by the Bench.
34
Appeal filed after limitation to be accompanied by petition and affidavit
explaining delay- When an appeal is presented after the prescribed period of
limitation, it shall be accompanied by a petition supported by an affidavit setting
forth the cause of the delay.
35
Typed copies of appeals and applications to be furnished of parties-(1)
In appeals and revision applications and in interlocutory applications therein to be
heard by a Division Court, the party, other than the accused in Jail who is not
represented by an advocate, shall furnish to the office two typewritten copies of the
memorandum of appeal or applications, judgments or orders of the lower courts
and of the affidavits, if any.
(2) In appeals and revision applications to be heard by a Single Judge, the party as
aforesaid shall furnish to the office one typewritten copy of the judgment or order of
the Court exercising original jurisdiction.
36
Registrar to dispense with the copies of the judgment in subsequent
appeals by co-accused- Where a criminal appeal or revision application
accompanied by the requisite number of copies of judgments is pending in the High
Court, the Registrar may dispense with copies of judgments in any further appeal
or revision application presented by any party affected by the same judgment.
37
When copies in other case may be dispensed with- The Registrar may
dispense with copies of the Judgment or order (but not decrees) referred to in rules
28, 29 and 30 when they are already on the record in a matter pending in the High
Court.
38
All proceedings on Appellate Side to be presented to Deputy Registrar
(J)- (1) Appeals and applications for revision shall be presented to the Deputy
Registrar or, in his absence, to the Additional Registrar (O.S.) Applications for
leave to appeal in forma pauperis shall be presented to the Deputy Registrar (J).
Appeals from jail may be received by post.
Interlocutory applications in appeals and revision applications shall be presented to
the Assistant Registrar concerned or to such other officer as may be appointed by
the Chief Justice for the purpose.
(2) The officer concerned shall forthwith enter and initial the date of receipt
on the proceedings, attest documents or copies of documents filed therewith and
cause the Court-fee stamps to be cancelled.
The Deputy Registrar (J) shall thereafter fix the appeals and applications for
revision in Court.
39
Course to be followed when certain affidavit and copies not filedWhen an appeal or application is not accompanied by the affidavit or copies other
than copies of decrees required to be filed along with it under the provisions of rule
26 to 29, the Registrar may extend the time for a period not exceeding one month
in the aggregate for filing them. If they are not filed within such extended time, the
Registrar shall return the appeal or application to the party or his Advocate.
40
Return of papers to parties when registration refused- Whenever
registration of any appeal, memorandum of cross-objections or application is for
any reason refused by the Registrar, the papers shall be returned to the party or his
Advocate who presents them.
9
41
Institution Registers- A separate register of institutions in the prescribed
form shall be kept for each of the following classes of cases, namely(1) Civil Appellate Side
(a) Register of First Appeals.
(b) Register of Second Appeals.
(c) Register of High Court Appeal
(d) Register of Miscellaneous Appeals.
(e)Register of References and Revision and Miscellaneous
applications,
(f) Register of writ Petitions,
(i) Single Bench (ii) Division Bench.
(2) Criminal Appellate Side
(a) Register of Criminal Appeals.
(b) Register of Confirmation Cases.
(c) Register of Criminal References, and
(d) Revision and Miscellaneous applications.
Note- All appeals against orders under section 104 or Order XLIII of the
Code and any other order not having the force of a decree shall be registered as
miscellaneous appeals.
Procedure on Admission
42
Notice to Advocate-General or Public Prosecutor in criminal appeals
and revision applications- Notice shall be given to the Advocate-General or the
Public Prosecutor, as the case may be, of the dates of hearing of cases submitted
for confirmation under section 374 of the Code of Criminal Procedure, 1898, and to
the Advocate-General or the Public Prosecutor, as the case may be, of the dates of
hearing of criminal appeals and revision applications admitted to a regular hearing.
43
In what matters advocate appointed at Government cost- When on a
submission for confirmation under section 374 of the Code of Criminal Procedure,
1898, or on an appeal from an acquittal or on an application for revision by
enhancement of sentence the accused is undefended, an advocate shall be
appointed by the Division bench to undertake the defence at the cost of
Government in accordance with the Government notification or rules relating
thereto. Such advocate shall be supplied a copy of the paper-book free of cost.
44
Form of warrant- The warrant under section 427 of the Code of Criminal
Procedure, 1898, shall be issued in Form No. 3 in Appendix A.
45
Calling for records from lower Courts in interlocutory matters- In an
appeal or revision application from an interlocutory order in any suit or matter, the
record and proceedings of the lower Court shall not be called for by the Registrar's
office unless the Court of its own accord or on the application of a party has
10
ordered them to be sent for.
46
Process fee when to be ordinarily paid to the Nazir, after expiry of time
not to be received without order, and effect of failure to pay- Process fee for
the service of notice shall be paid to the Nazir within fourteen days from the date of
the order admitting the appeal or application or the order directing notice to issue.
After the expiry of the prescribed times the fee shall not be received without an
order of the Registrar upon an application duly stamped and setting forth sufficient
grounds for the delay and supported, if so directed, by an affidavit.
If process fee be not paid within the prescribed time or within extension of time
granted by the Registrar, the appeal or application shall be brought before the
Court for disposal.
47
Time for filing objections after receipt of lower Court's finding on
issues sent down- When issues have in any appeal been sent down to the lower
Court, a party shall be allowed ten days from the date of the notice on the Court
notice-board of the receipt of the lower Court's findings thereon to file such
objections as he may consider necessary under O. XLI, rule 26 (1) of the Code.
Dates and Cause-List
48
Hearing of appeals and applications-fixing of dates- (1) Civil and
Criminal appeals and revision applications and interlocutory applications therein
shall be heard on such days and for such period in a month as the Chief Justice
may from time to time by general or special order direct.
(2)
Subject to such order of the Chief Justice as aforesaid, the Registrar shall
fix dates in all appeals and applications pending on the Appellate Side. For this
purpose he shall sit at 12 noon on such days as may, by general or special order of
the Chief Justice, be prescribed.
(3)
Subject to any special order in that behalf in fixing dates for final disposal of
appeals or applications, preference shall be given to the following matters, namely:(i) part-heard appeals;
(ii) appeals from orders (including orders in execution);
(iii) appeals in which the proceedings in the lower Court have been stayed;
(iv) appeals in which a preliminary point of Court fee or limitation arises.
49
Cause-list- A list of all appeals and revision applications and interlocutory
applications therein appointed to be heard before a single judge or Division Court
shall be prepared a month before the Commencement of the sitting of such Judge
or Court. The office shall also prepare weekly list and daily list of cases, and all
such lists have to be posted on the websites of High Court and High Court bar
Association.
50
Duties of Assistant Registrars on Appellate Side- The Assistant
Registrar on the Appellate Side shall, so far as may be, perform such duties on the
Appellate Side as the Assistant Registrar is empowered to perform on the Original
Side.
11
General
51
Practice and procedure on Original Side to apply to Appellate SideThe practice and procedure obtaining on the Original Side with regard to the form
of proceedings, to the appointment, removal and discharge of next friends,
guardians-ad-item, receivers, furnishing of security, and to other matters of
procedure not expressly provided for in these rules shall apply on the Appellate
Side, so far as may be consistent with these rules.
CHAPTER VI
APPEALS UNDER SECTION 3 OF THE Ordinance
52
Limitation- Any person wishing to appeal, under section 3 of the
Ordinance, of 1972 against a decision of a Single Bench (O.S.), shall file the
memorandum of appeal within sixty days from the date of the decision appealed
against, unless the Court in its discretion, on good cause shown, may excuse the
delay.
53
Form- The memorandum of appeal shall be drawn up in accordance with
the provisions of Order XLI, rule 1, of the Code and shall be accompanied by a
copy of the judgment and decree or Order appealed against.
54
Appeal fixed for final hearing before a Division Bench without
summary hearing- The appeal shall not be fixed for preliminary hearing under
order XLI, rule 11 of the Code but shall be brought before a Division Bench for final
hearing after it is admitted to the register and notice of the appeal is served upon
the respondent.
55
Vakalatnama- Any Advocate who conducted the appeal before the Judge
may appear and plead in the subsequent appeal without filing a fresh vakalatnama,
but no additional fee shall be included in the bill of costs in the case of an appeal
against a decree made under Order XLI, rule 11 of the Code.
56
Rules 5 and 6 of Order XLI made applicable. The provisions of Order XLI,
rules 5 and 6 of the Code shall be applicable to appeals under this Chapter.
CHAPTER VII
REVIEWS, REVISIONS AND REFERENCES
57
Application for review- When an application for review proceeds on the
ground of discovery of fresh matter or evidence, the documents, if any, relied upon
shall be annexed to the application with a list in Form No. 5 in Appendix H,
Schedule I, of the Code, together with an affidavit setting forth the circumstances
under which such discovery has been made.
This rule shall apply also to review of judgments or orders on the Original Side.
58
Notification of day for hearing- The day for hearing an application for
review of judgment shall be notified in manner provided for appeals under Order
XLI, rules 14 and 15 of the Code or under section 422 of the Code of Criminal
Procedure, 1898, as the case may be.
59
When revision application not entertained- The High Court will not
12
entertain an application in revision where such applications have been made to a
District Court.
60
Cases to be forwarded to the Registrar- When reference is made under
Order XLVI of the Code, it shall be forwarded together with other necessary papers
to the Registrar.
61
Number and Title to be entered in a Register- The case shall be
numbered and the number of the case and the names of the parties shall be
entered in the Register of Reference, Revision and Miscellaneous Application
maintained in the Registrar’s office.
62
Date appointed for hearing to be notified- Registrar, as soon as the case
is received, shall fix a day for the hearing thereof. The Registrar shall notify the day
fixed for the hearing of the case to the Advocate of the parties or, if they are not
represented by Advocates, to the Court from which the reference received for
communication to the parties.
63
Copy of the Judgment to be sent- The Registrar shall, after disposal of
the reference, forward to the Court or other authority concerned a certified copy of
the judgment or order of High Court.
CHAPTER VIII
LIMITATION
64
Time for applications for exercise of Civil Jurisdiction- Applications for
the exercise of the Court's Jurisdiction under section 115 of the Code, section 25 of
the provincial small causes courts Act 1887, shall be made within ninety days from
the decision complained against, exclusive of the time required for obtaining
copies.
65
Time for application by Government for exercise of Criminal
Jurisdiction in revision- (1) Applications by Government for the exercise of the
Court's Jurisdiction in revision in Criminal matters shall be made within six months
from the date of the decision complained against, exclusive of the time required for
obtaining copies.
(2)
Time for like applications by other person- Applications by other persons for
the same purpose shall be made within sixty days from the date of the decision
complained against, exclusive of the time required for obtaining copies:
66
Court may excuse delay- Nothing in rules 64 and 65 shall prevent the
Court from excusing, in its discretion, the delay in the presentation of the
applications referred to in these rules, save the application under Section 115 of
the Code.
67
Time for revision of order of Registrar, etc- A motion for the revision of
an order passed by the Registrar or Deputy Registrar while exercising the powers
delegated to him shall be made within fifteen days of the date of the order
complained of.
CHAPTER IX
PREPARATION OF PAPER-BOOKS
13
CIVIL
68
Papers which must be included in paper-book- In civil appeals and
revision applications admitted to regular hearing a paper-book shall be prepared for
the use of the Judge or Judges hearing the appeal or revision application
containing copies of,.
(1)
In the case of appeals from original decrees,
(i) pleadings,
(ii) issues,
(iii) depositions of witnesses and documents exhibited,
(iv) Judgment and the decree of the Original Court,
(v) memorandum of appeal,
(vi) memorandum of objections, if any, under Order XLI, rule 22 of the Code,
(vii) Any document rejected by the Original Court, where its rejection is a
ground of appeal or cross- objections, and
(viii) such other documents as the Registrar may direct on notice to the
parties:
(2)
In the case of appeals from appellate decrees,
(i) pleadings,
(ii) Judgment of the first Court,
(iii) Judgment of the lower Appellate Court,
(iv) memorandum of Second Appeal, and
(v) memorandum of cross-objections, if any.
(3)
In the case of High Court appeals under section 3 of Law reforms
Ordinance, 1972.
(i) memorandum of appeal,
(ii) Judgment or order of the Single Bench.
(4)
In the case of miscellaneous appeals.
(i) order appealed against, and
(ii) memorandum of appeal; and
(5)
In the case of revision applications,
(i) Judgment or order sought to be revised, and
(ii) memorandum of the applications.
69
Other papers may be included on appellant filing list- Upon receipt of
the record and proceedings from the lower Court, a notice in Form No. 6 of
Appendix A, shall be served on the appellant or his advocate requiring him to
14
prepare and deliver within a fortnight of the service of the notice a list of all papers,
other than those mentioned in the last preceding rule, upon which the decision of
the appeal depends and which the appellant desires to be included in the paperbook at his own expense. Such list shall be called "the appellant's list".
70
Appellant to make application for translation- The appellant shall, within
the time prescribed under the last preceding rule, make an application for
translation of all such documents required under rules 68 and 69 to be included in
the paper-book as are not in English.
71
Respondent's list- On receipt of the appellant's list, a notice of such fact
shall be given to such respondents or their advocates as have entered appearance
by then in form no 7 of Appendix A. The notice shall also require such respondents
to file, within a fortnight of the service thereof, a list of the papers other than those
specified in the appellant's list and relevant to the appeal, which they desire to be
included in the paper-book' at their own expense.
Such list shall be called "the respondent's list" and shall be accompanied by an
application for translation of such of the papers referred to therein as are not in
English.
72
Form of application for translation- Applications for translation shall
clearly state the number and portions of documents, the translation of which is
required. Where portions of documents or accounts are required to be translated,
they shall be initialed.
73
Any party entitled to inspect the list- Any party shall be entitled to inspect
the list of any other party and to obtain at his own expense a copy of the whole or
of any portion thereof.
74
When respondent may apply for inclusion of any paper at the cost of
the appellant- If the respondent considers that any paper upon which the decision
of the appeal depends has been omitted from the appellant's list, he may, at the
time of filing his list under rule 71 and after giving notice to the appellant of his
intended applications apply to the Registrar for an order that such paper be
inserted in the paper-book at the cost of the appellant:
Provided that if the application is disallowed by the Registrar, such respondent
shall be at liberty, at that time, to pray for the inclusion of the paper mentioned in
his application in his list at his own cost:
Provided that where a respondent enters appearance after settlement of the index,
he shall not be entitled to make such applications.
75
Accounts, etc., not to be prepared in full- A long series of documents
such as accounts, rent rolls, inventories etc., shall not be typed in full, unless it is
absolutely necessary to do so. Parties may agree to short extracts being typed as
specimens.
76
Procedure regarding objection to inclusion of document- Party
objecting to the inclusion of a document on the ground that it is unnecessary or
irrelevant, shall raise such objection after the respondent's list is filed and before
the index is settled.
On such objection being raised, the Head Translator shall refer it to the Registrar
15
for orders. The Registrar's order shall be final:
Provided that it shall be opened to the party whose document is excluded to
provide at the time of hearing, after serving copies on the opposite party, typed
copies of such excluded documents for the use of the Court.
77
Deposit of costs estimated- After the time prescribed by rules 69 and71
for filing the appellant's list and the respondent's list respectively, or any extension
thereof under rule 80 has expired and the objections of the parties under rules 74
and 76, if any, have been disposed of, the Head Translator shall prepare an index
of the papers to be included in the paper-book and shall prepare an estimate of the
cost of translations, if any. He shall then pass on the record and proceedings to the
Head Copyist who shall prepare an estimate of the cost of typing such papers. On
the costs being so estimated, a notice shall be issued to the appellant and to the
respondent, to deposit the same within fifteen days of the receipt thereof:
Provided that if the estimated sum exceeds Rs.1000.00 a sum not less than
Rs1000.00 shall be deposited at a time unless the balance payable shall be less
than that sum.
78
Deposit of additional Amount- (1) If the amount deposited is found to be
insufficient, the additional amount required shall be duly estimated and notice shall
be given to the appellant or the respondent, as the case may be, requiring him to
deposit it within a week of the service of such notice.
(2)
No work in the matter of the preparation of the paper-book which is likely to
cost more than the sum deposited shall ordinarily be undertaken until such
additional deposit has been made, unless the Registrar shall otherwise direct.
79
If respondent's list not filed paper-book prepared according to
appellant's list or under rule 68- (1) If the respondent does not enter an
appearance or does not deliver the list directed by and within the time prescribed
by rule 71 or any extension thereof under rule 80, the paper-book shall be prepared
in accordance with the appellant's list, if any.
(2)
If the appellant's list is also not filed within the time prescribed by rule 69 or
any extension thereof under rule 80, the paper book shall be prepared in
accordance with rule 68.
80
No extension of time except on application in writing- The time allowed
under rules 69 to 71, 77 and 78 may be extended from time to time, only on an
application made in writing duly stamped and setting forth sufficient grounds for
granting the extension.
81
Consequences of default in making deposit, etc- (1) If the Appellant fails
to make an application for translation in accordance with rule 70 or if he fails to
make the deposit or additional deposit required by rules 77 and 78, respectively,
within the time prescribed or within such extension thereof as may be allowed, the
Registrar shall cause the appeal to be set down for hearing in Court.
(2)
The Court may, unless satisfied that there was reasonable ground for the
default, direct the appeal to be dismissed for want of prosecution, or may pass
such other order as may seem proper in the circumstances of the case.
(3)
If any such default as is referred to in sub-rule (1) is committed by the
respondent, such papers specified in the respondent's list as require to be
translated or in respect of which the deficit amount is required to be deposited shall
16
not be included in the paper-book.
82
Procedure on respondent applying for inclusion of papers in paperbooks subsequently- If any respondent upon whom notice under Order XLI, rule
14 of the Code has been served after the settlement of the index desires that
papers other than those inserted in the appellant's list or the other respondent's list,
if any, and relevant to the subject-matter of the appeal, should be included in the
paper-book at his expense, he shall, within fifteen days of the service of the notice
aforesaid, make an application in writing duly stamped. The application shall be
heard and disposed of by the Registrar after notice to the other party, if necessary.
(2)
If the application is granted, rules 71, 76 and 77 shall apply, as far as may
be, to the preparation of the index, estimate of costs and deposit thereof
83
Paper-book to consist of typewritten copies- Copies of papers to be
included in the paper-book shall be typed by the Copyist’s Branch at the prescribed
rates.
84
Number of copies to be typed- The number of copies of the paper-book to
be typed shall be fixed by the Registrar at the time of settling the index according to
the nature of the appeal, after hearing the parties.
85
Rules 68 to 82 apply to civil revision applications. Rules 68 to 82 apply
to all Civil Revision applications which are admitted for regular hearing.
86
Preparation of paper-book If appeal dismissed under rule 81 and
cross-objections not withdrawn- If an appeal is dismissed under sub-rule (2) of
rule 81, a respondent, who has filed cross-objections under Order XLI, rule 22 of
the Code and has not withdrawn them at or before such hearing, shall within thirty
days from the date of the dismissal of the appeal take steps for the preparation of
the paper-book, and rules 68 to 84 shall apply so far as may be to the preparation
of such paper-book.
CRIMINAL
Cases involving Capital Sentences
87
Printing of record- (1) On a reference under section 374 of the Code of
Criminal Procedure, 1898, and in criminal appeals involving a sentence of death
one copy of the memorandum of appeal, if not in English, of its translation, shall be
typed in the office and one typed copy of the sessions proceedings, or, if not in
English, of their translation, shall be prepared by the Sessions Court concerned
and forwarded to the Registrar. The typed copy of the proceedings together with a
typed copy of the memorandum of appeal or reference shall be sent to the
Copyist’s Branch of the High Court where the requisite number of copies shall be
prepared.
(2)
The provisions of sub-rule (1) shall apply mutatis mutandis to preparation of
the record of the High Court exercising Sessions Court Jurisdiction.
88
Copy to be supplied free to defence advocate- The printed book in such
cases shall be supplied free to the advocate for the defence.
Other Appeals, References and Revisions
89
Paper-book in appeals- In criminal appeals a paper-book shall be prepared
containing copies of,
17
(i) charge;
(ii) depositions and documents admitted in evidence or, if not in English, of
their translations;
(iii) statement of accused;
(iv) judgment, and
(v) memorandum of appeal.
90
Paper-book in miscellaneous appeals and applications- In
miscellaneous appeals, revision applications, and references, other than those
covered by rule 87, a paper-book shall be prepared containing copies of;
(i) judgment or order under objection or, if not in English, its translation;
and
(ii) memorandum of applications of reference.
91
Costs- The copies required for the paper-book under rules 89 and 90 shall
be typed in the office and subject to rule 43, the typed paper-book shall be supplied
at half the usual copying fees to the advocate for the defence. If an advocate for
the defence wants any papers to be typed in addition to those specified in rules 89
and 90, the requisite number thereof will be typed by the Copyists' Branch at the
usual rates at the cost of the party concerned.
92
Number of copies to be fixed by Registrar- The number of copies of the
paper-book to be printed or typed shall be fixed by the Registrar.
93
One copy of printed book and one copy of judgment to be sent to
Government if death sentence confirmed- If the death sentence is confirmed,
one copy of the record of the case printed under rule 87 and of the judgment of the
Appellate Court shall in all cases be sent to the Provincial Government forthwith.
General
94
Paper-book to be bound and paged- (1) The copies shall be bound and
paged in the form of a paper-book. The index shall be placed at the beginning.
(2)
Reference to matter of record made from paper-book only. No paper in the
record and proceedings of the case which is not included in the paper-book shall
be referred to at the hearing of the appeal without the special leave of the Court.
But this rule shall not preclude the Court from referring to any paper to which it
considers a reference necessary for the ends of justice.
CHAPTHER X
RULES OF PROCEDURE IN CASES UNDER SECTION 374
of THE CODE OF CRIMINAL PROCEDURE.
95
Procedure- (1) The rules of procedure to be followed by Sessions Judges in
the submission of proceedings to the High Court under section 374 of the Code of
Criminal Procedure are contained in Chapter VII of Sindh Criminal Court Circulars.
(2) On receipt of the proceedings the Deputy Registrar shall take immediate steps
to have the record printed under the rule 87 of the contents detailed in rule 96.
96
Contents of printed record- The printed record in Murder Reference cases
18
shall consist of the following documents:(1)
Forwarding letter from the Sessions Judge
(2)
Court Dairy sheets
(3)
Opening sheet of Sessions record.
(4)
Notes and orders of the Sessions Judge.
(5)
Charge Sheet.
(6)
First Information Report in Urdu/Sindhi only.
(7)
Report of Chemical Examiner and Serologist, if any.
(8)
Statements under sections 342 and 364, Criminal Procedure Code.
(9)
Record of evidence in Court of Sessions with any further examination
under section 364, Criminal Procedure, and altered charge, if any.
(10)
Material documentary evidence, if any.
(11)
Recovery memos in Urdu/Sindhi only
(12)
Judgment of Sessions Judge.
(13)
Petition of appeal.
97
Copies of Record- Seven copies of the Sessions record shall be printed
with least possible delay, if there is only one accused, but in case the number of
the accused exceeds one, an extra copy shall be printed for each additional
accused.
98
Defence counsel at Government expenses- In a case where the Sessions
Judge certifies that the accused person cannot afford to engage counsel for his
defence in the High Court, the Deputy Registrar shall take steps to have counsel
engaged for his defence at Government expenses.
99
Time limit for hearing Murder References- The hearing of the Murder
Reference, in view of confirmation or otherwise of the sentence of death passed by
the Sessions Judge under section 374 of the Code of Criminal Procedure, shall
take place as a rule within three months after the preparation of the paper book.
100 Information of decision to accused- Immediately on the sentence of
death being confirmed or not confirmed, as the case may be, by the High Court, the
Deputy Registrar shall inform the Superintendent of the jail in which the prisoner is
confined of the decision and direct him to communicate the same to the prisoner
forthwith. The Deputy Registrar shall at the same time inform the Sessions Judge
concerned and return the record to him for taking steps under section 381 of the
Criminal Procedure Code.
101 Record to be sent to Government- The record of every case as prepared
for the use of the High Court in which the sentence of death has been confirmed by
the High Court, together with a copy of the High Court Judgment and translations of
Police Diaries, shall, as soon as orders have been passed confirming the death
sentence, be forwarded to the Provincial Government.
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CHAPTER X-A
RULES REGARDING LEGAL ASSISTANCE TO PERSONS CHARGED
WITH CAPITAL OFFENCES IN THE HIGH COURT
102 Accused to be asked, if he can engaged a counsel- When an accused is
to be tried by the High Court in its original criminal jurisdiction for an offence
punishable with death he shall be asked by the Court whether he can afford to
engage counsel his trial.
103 The Sessions Judge to certify if accused is pauper- When an accused
person has been called upon by the High Court to show cause why a lesser
sentence should not be enhanced to a sentence of death, the Sessions Judge, on
receipt of notice for service upon the person called upon to show cause, shall, if he
is satisfied that the accused is unable, because of poverty, to engaged counsel for
his defence, furnish a certificate that the accused is entitled to be defended in
forma pauperis.
104 Sessions Judge while making reference to State if accused was
represented by counsel- While making reference for confirmation of sentence of
death to High Court, under the provisions of section 374 Criminal Procedure Code,
the Sessions Judge shall note whether the accused person was represented by
counsel in his Court, and whether the accused can afford to engage counsel for his
defence in the High Court.
105 Sessions Judge to certify that the accused is unable to engage a
counsel- When in an appeal against acquittal in a murder case the accused is
undefended, the Sessions Judge, on receipt of a notice for service, shall, if he is
satisfied that the accused is unable, because of poverty, to engaged a counsel for
his defence in the High Court, furnish a certificate that the accused is entitled to be
defended in forma pauperis
106 High Court may arrange counsel at Government expense in cases
other than poverty- If the High Court decides that the accused is unable on
account of poverty to engage counsel for his defence, the High Court shall make
arrangements to employ counsel at Government expense.
The High Court may also employ counsel, if it thinks fit, in every case when the
accused is unrepresented, irrespective of consideration relative to the means of the
accused to engage counsel.
107 List of defence counsel to be maintained- The High Court shall, for the
above purpose, maintain a list of legal practitioners whom the Chief Justice may
20
select from time to time as fit to be employed in such cases.
108
Selected counsel to be provided with case record- When a counsel is
required, the Court shall select from this list a legal practitioner to defend the
accused. Counsel appointed in such cases should be given sufficient time to
enable him to study the necessary documents, which will be the printed record of
the case as prepared in the High Court. This will be supplied free of cost.
109 Scale of Fees of Defence Counsel- The counsel so employed shall
receive a fee of not less than Rs. 2000/- or if the hearing lasts more than a day, a
fee not exceeding Rs. 500/- per subsequent hearing. This payment shall be made
through the provincial Law Secretary on the production of a certificate signed by
Deputy Registrar (Judicial), in which the total amount of fees allowed to counsel by
the Judges hearing the case shall be stated.
PART IV
RECORDS
CHAPTER XI
PRESERVATION AND DESTRUCTION OF RECORDS, RECORD KEEPER
110 Decided matters to be sent to record keeper- All record of decided
matters shall be delivered to the custody of the Record-Keeper.
111 Duties of Record Keeper- (1) The Record-Keeper shall take charge of the
record of decided matters, administrative files, correspondence files, account books
and registers delivered to him.
(2)
He shall receive and keep in safe custody documents entrusted to him.
(3)
He shall be responsible for custody of the records and perform the following
duties:
(i) supervise the work of copyists.
(ii) prepare indents for stationery and printed forms and be in charge of
them;
(iii) maintain a Register of expenditure of stationery and forms;
(iv) supervise the postal dispatch work and the work of the bookbinder;
(v) keep weighing machines, postal and railway guides, service stamps
Register, Post Book and any other office supplies; and
(vi) date and punch second holes in the Court-fee stamps in decided matters
but not so as to render it impossible or difficult to ascertain the value or
nature of the stamps.
112 Arrangement of records of decided matters- (1) The Records of decided
matters shall be arranged in chronological order of the dates of disposal. The
records of decided civil matters shall be, classified separately as (i) Suits including
Execution, (ii) Miscellaneous Application, (iii) Appeals and High Court Appeals.
The records of criminal matters shall be classified separately as (i) Appeals,
21
and Applications etc.
The records of the matters of writs petitions shall be classified as (i) Single
Bench, (ii) Division Bench and Full Bench.
(2)
The records of administration, correspondence and accounts shall be
arranged in chronological order of the year to which they relate and classified as (i)
Administration (ii) Correspondence and (iii) Accounts.
The record of each class for each year shall be tied separate bundle and labeled.
(3) General Record Registers shall be kept in Form No. I in Appendix B for Civil
and Criminal decided matters separately.
113 Register of Requisitions for Records- (1) The Record-Keeper shall also
maintain in Form No. 2 in Appendix B Register of Requisitions for Records in which
shall be entered forthwith, in the order in which they are received in the record
office, all requisitions for records other than those received from the copying
branch. All requisitions shall be disposed of promptly in their serial order,
preference being given only to such requisitions as have been certified to be urgent
by the Assistant Registrar.
(2)
When a requisition is so defective that the Record-Keeper cannot comply
with it, it shall be returned with the defects specifically noted and the reason for
non-compliance endorsed on it and the Record-Keeper shall note the return in
column 5 of the Register of Requisitions for Records.
(3) A requisition for records must not be returned on frivolous grounds. If the
particulars given are sufficient to identify a record or if there are means for finding
out the record, it must be found even though the description given may in some
respects be inaccurate.
114 Removal slip- (1) Whenever a record is removed from the record room,
there shall be inserted in the place occupied by the record in its bundle a removal
slip on which shall be entered a full description of the record and the serial number
of the requisition as entered in the Register of Requisitions. Each such slip shall be
initialed by the Record-Keeper.
(2) When a record is received back in the record room, the Record-Keeper shall:
(i) carefully examine it to see that it is complete and in order. If the RecordKeeper notices that any document is missing or that the record discloses any
other defect, he shall at one report the matter to the Registrar;
(ii) make an entry in column 6 of the Register of Requisitions and initial it;
(iii) place back the record in its proper place and remove the removal slips.
115 Plan of record room- A plan of the Record Room shall be prepared by the
Record-Keeper indicating the position and serial number of the several racks and
almirahs in the Record Room or in each room of it if there be more than one, and
the serial number of the several shelves in each rack and almirah. The plan shall
be kept up-to-date and hung up in a conspicuous place in the Record-Keeper's
office room.
DESTRUCTION OF RECORDS
General
22
116 Records to be permanently preserved- The following records and
documents shall be preserved permanently:(1) Records of all suits involving questions of land-tenure or which refer or
corporeal or incorporeal hereditaments or to exclusive rights or privileges or which
illustrate local tribal usage;
(2) Records of all suits brought by or against the Government or its officers;
(3) Records of cases which in the opinion of the Registrar related to matters of
public interest or may be of historical value. Discretion under this sub-rule shall be
carefully exercised;
(4) Original wills, title deeds of or relating to immovable property or authenticated
copies of the same filed in the case, whether admitted in evidence or not.
(5) Accounts or copies of accounts relating to public revenue. Original accounts of
revenue management of or connected with alienations of revenue by the present or
former Governments;
(6) In other suits or matters;
(a) Diary;
(b) Order sheet;
(c) Plaint, memorandum of appeal and miscellaneous application, as the case
may be;
(d) Petition of compromise, if given effect to in the decree, and also in the case
of minors or lunatics, any order the Court sanctioning the compromise;
(e) Award of the arbitrators or report of commissioners in matters relating to
immovable property if referred to or given effect to in the decree;
(f) Judgment, decree and any other final order, including copy of judgment,
decree or order, if any of the appellate court;
(g) All applications for execution, warrants issued thereon and the returns to
such warrants, and applications for adjustment of decree; and
(h) Documents the return of which or copies of which have been refused to the
parties applying for the same.
Note: Cases will be very few in which it will be necessary to refuse copies or
return of original documents. When such necessity exists, it should, with the
reasons for it, be noted on the application for copy or return and a brief note for
the preservation of the exhibit should be made on the document, which is then
to be treated as directed in rule 118.
(7) English correspondence with the Provincial or Federal Government;
(8) Catalogues of the records destroyed;
(9) Printed books, Acts, Registers, Circular Orders and Forms except Forms
regarding accounts, unless a special order is issued for the destruction of such as
have become obviously useless.
117
Period for destruction of other record- Save as provided in rule 116 and
23
with the exception of such documents as for special reasons recorded thereon in
writing the Judge may think worthy of preservation, records shall be destroyed after
six years from the date of final decree or order, or, in the case of correspondence,
of final disposal of it.
Note. Original documents obtained from Courts or Government Officers, if not
returned under rule 243 of Chapter XV of the Rules (O.S.) shall be returned at the
time when, under the rules as to documents not thus obtained, they would be
destroyed. They shall be marked as provided in rule 123.
Civil Records
APPELLATE SIDE
118 The following record on Appellate Side to be permanently preservedThe following records on the Civil Appellate Side shall be permanently preserved:(i) In the case of first appeals, second appeals, appeal from orders, and appeals
under section 3 of the Ordinance of 1972.
(a) Memorandum of appeal;
(b) A copy of the lower Courts' judgments or orders;
(c) Preliminary and final judgments and decrees the High Court and of the
Supreme Court, if any;
(d) Printed copy of the record in Supreme Court Appeal, if any.
(ii) In the case of civil revision applications.
(a) the original applications;
(b) The judgment and order of the High Court.
(iii) In the case of civil references.
(a) The letter of reference;
(b) The judgment and order of the High Court.
(iv) The prescribed Registers.
119 Other record on Appellate Side to be destroyed- Subject to the
exceptions stated in rule 116, all records in first appeal second appeals, appeals
from orders, appeals under section 3 of the Ordinance of 1972, Civil revision
applications, civil applications and civiI references shall ordinarily be destroyed
after the expiry of six years from the date of the final decision or order.
Criminal Records
APPELLATE SIDE
120
What record on Criminal Appellate Side to be permanently preservedThe following records on the Criminal Appellate Side shall be permanently
preserved:(i) In all criminal cases in which a sentence of death or imprisonment for life, is
confirmed by the High Court.
24
(a) Printed or typed copy of the proceedings of the Court of Session;
(b) Judgment order and writ of the High Court, and of the Supreme Court if any.
(ii) Cases of historical value;
(iii) Cases of racial, religious or political riots or murders or other cases disclosing
curious social customs;
(iv) In other cases only the judgment, order and writ of the High Court;
(v) The prescribed Registers.
121 Criminal returns when to be destroyed- Criminal returns from Sessions
Judges and Magistrates may be destroyed after every two years.
122 Other records when to be destroyed- Subject to exceptions stated in rules
120 and 121, all records in Criminal appeals confirmation cases, criminal
references, criminal applications for revision criminal reviews, criminal
miscellaneous applications, shall ordinarily be destroyed after the expiry of ten
years from the date of the final decision order.
Procedure
123 Making of documents to be permanently preserved- (1) In preparing the
list of papers, which is placed in each record before handling it to the RecordKeeper, a star (*) should be prefixed to the title and number of each document, to
be permanently preserved. When a document, in consequence of an order made
as to it, comes under rule 116 (6) (h), its names is to be marked in the same way.
The name of documents that are to be returned to Courts or offices should be
marked accordingly. The papers themselves should in each case be similarly
marked and should be placed at the top of the bundle composing the record, so as
to be easily separable from the rest.
(2)
The date of destruction of unmarked papers shall be noted on the list which
is preserved under rules 116 (8).
124 Useless records to be destroyed once a year- The destruction of useless
records shall take place once a year immediately before or at the time of the annual
vacation.
125 Applications for return of documents to be made early- Owners of
documents who may wish to preserve documents filed by them should apply as
soon as convenient for their return. A copy of rules 116, 122 and 123 shall be
posted on the Court notice- board.
126 Method of destroying useless records- The records to be destroyed
should be torn up and made quite incapable of use again as documents. The
fragments should, where possible be sold to manufactures of paper and the
proceeds paid to Government; otherwise they should be burned.
CHAPTER XII
COPIES
127 Copy not to be made without order- Except as provided by these rules,
no copy shall be made or permitted to be made of any record, or portion of record,
of any suit or matter unless an order granting it has been made on an application
as hereinafter provided.
25
128 Contents of application- Every application for a copy of any record or any
portion of the record of a suit or matter shall be entitled in such suit or matter and
shall set out a description of the particular document of which copy is required and
the full postal address of the applicant if he desires it to be sent to him by post. The
application shall be signed by the applicant or his advocate and may be presented
in person or sent by post to the Registrar:
Provided that an application under the next succeeding rule shall be presented
personally.
129 Application by stranger- (I) Where the application referred to in rule 128 is
made by a person who is not a party to such suit or matter, it shall be supported by
an affidavit stating the purpose for which the copy is required; and if the same is
required for an intended or pending proceeding, the nature of the said proceedings
and the relevancy of the document to the case of the applicant.
(2)
The Registrar may in his discretion cause notice of such application to be
given to the parties to the said suit or matter; and where such notice is given, the
provisions of the Code and of these Rules with respect to summons to a defendant
shall apply to the said notice.
(3)
The Registrar, if satisfied that proper cause is show and, if any notice has
been issued to them under sub-rule (2), after hearing the parties may, subject to
rule 126, make an order granting such application.
130 Who may grant copies and of what record- (1) No copy shall be made of
any official document except under an order in writing of the Registrar.
(2) Copy shall not be granted at any cost of notes of arguments recorded by a
Judge.
(3) When a copy of a copy is granted, it shall be endorsed thereon that it has been
copied from a copy:
(4) Subject to the provisions of sub-rules (1) to (3) and of Rule 129, a copy shall be
granted, as of course, by the Assistant Registrar concerned to a party to a suit or
matter of any record or any portion of any record, of such suit or matter, whether
decided or pending. Provided that copies or copies of documents filed therein by a
person other than the applicant and not exhibited in evidence may be granted only
by an order of the Registrar.
131 Registration of application and estimate of copying and other fees- (1)
As soon as an order for a copy has been made, the Head Copyist shall number
and register the application in the order of its receipt in the Register of Applications
for copies to be kept by him in Form No. 3 in Appendix B, and shall enter on the
application its serial number. He shall also at once, if possible, or during the same
day but ordinarily not later than the following working day ascertain the amount of
copying and comparing fees, when leviable, according to the scale prescribed in
Chapter I, in Appendix C and enter them on the application and communicate them
to the applicant.
(2) Fees shall not be charged for copying papers wanted for a public purpose by
officers other than the Advocate-General or the Government Pleaders of a
Provincial Government or the Federal Government.
(3) The preparation of copies shall be undertaken in accordance with the serial
order of applications unless otherwise ordered by the Registrar:
Provided that on payment of an extra fee of ten rupees by a Court fee stamp upon
the application and on extra payment of half the copying fees and comparing fees,
if any, an applicant should be entitled to obtain a copy, if possible, within 24 hours
26
and in any case within 48 hours, of any document among the records of this Court.
132 Preparation of copies not commenced until prescribed fees deposited(1) Copy shall not be commenced until the estimated amount of the copying and
comparing fees when leviable have been deposited with the Head Copyist:
Provided that the Registrar may sanction the preparation of copies costs of which
are to be recovered by value payable post.
(2) If the estimated amount of fees and, in the case of a certified copy, also the
requisite stamp is not deposited within seven days from the date of the
communication under sub-rule (I) of rule 131 by the applicant, the application shall
be rejected and note to the effect made in column No. 24 of the Register of
Applications for Copies.
133 Procedure when amount deposited insufficient- (1) If the amount of fees
deposited is found to be insufficient, a notice shall be given to the applicant to
make good the deficit. Such notice shall be affixed on the notice-board and, where
the applicant resides outside the headquarters of the Court and has given his
postal address, shall be sent to him by post also.
(2) If the deficit is not made good within seven days from the day the notice is
affixed on the board under sub-rule (1), or, as the case may be, the date of delivery
of the notice in the ordinary course of postal communication, the application shall
be rejected but only as regards the documents which cannot be prepared by
reason of such deficit.
134 Copyist- Copies shall be promptly made by copyist appointed for the
purpose. But when no copyist is available or when copies are required by law or
these rules to be made free of cost, they shall be made during office hours by a
member of the paid establishment.
135 Copies how made- Copies shall be strictly accurate and shall show the
paging and the numbering of the lines appearing on the original Copies of the
English record shall always be typed/ photo copied, and of the other record shall be
typed on proper foolscap paper with the inner quarter blank margin.
136 Copies to be compared before certified- Copies shall not be certified to
be true copies until compared and initialed by a duly authorized member of the
regular establishment.
137
Copies how certified, endorsed with the following particulars:-
(1) The date of application for the copy;
(2) the date of estimate of fees;
(3) the date of deposit of estimated fees and the date of supply of stamp;
(4) the date of certification by the Assistant Registrar;
(5) the date of delivery of the copy.
They shall be certified at the foot to be a "true copy", shall bear seal of the Court on
each page, and shall be dated and subscribed in full with his name and official title
by the Assistant Registrar. The certifying officer shall initial every alteration and
interlineations in the copy.
138 Cancellation of Court-fee stamps on certified copies before issueCertified copies shall not be issued until the Court fee stamps affixed to them have
been cancelled by punching out a portion not being the figure head nor the
27
expression of the value of the stamps and by writing across the paper and the
stamps the date and signature of the certifying officer.
139 Posting of list of copies ready for delivery- (1) Copies ready for delivery
shall be posted on the notice-board.
(2) If a copy is not claimed by the applicant-within months from the date of posting
the aforesaid list, the copy shall destroyed and the fact shall be noted in the
remarks column of Register of Applications for Copies.
(3) Where the applicant has applied that a copy should sent to him by post, the
copy shall be sent accordingly.
140 Uncertified copies may be certified- Uncertified copies may be converted
into certified copies after comparison the original upon the application in writing of
the person to whom have been granted and upon his depositing with the Head
copyist comparing fees at the prescribed scale and delivering to him Court-fee
stamps required by law.
141 Refund- Fee once paid cannot be refunded if the for which the fees were
paid has been done. If only part of work has been done, a proportionate part of the
fees paid may be refunded under the order of the Registrar.
142 Head Copyist responsible for safe custody of record- The Head Copyist
shall be responsible for the safe custody of proceedings and documents entrusted
to him for making copies by the Assistant Registrar, Civil or Criminal Clerks or
Record-Keeper. He shall keep proceedings when not in actual use in the safe
provided for the purpose till the copies are made. He shall return documents at the
close of each day for safe custody to the Record-Keeper. When the copies have
been made the proceedings and documents shall promptly be returned to the safe
custody, as the case may be of the Assistant Registrar, Civil or Criminal Clerks or
the Record-Keeper.
143 What accounts to be maintained reg: copying and comparing fees and
its distribution- (I) Copying and comparing fees shall as received, be entered in
the Register of Applications for Copies by the Head Copyist under the directions of
the Record-Keeper and shall also be endorsed on the applications for copies. They
shall further also be entered at once in the Daily Fee Book to be kept by the
Record-Keeper in the form prescribed for use for the Civil Courts subordinate to the
High Court.
(2) Deficit amount if any when subsequently received, shall be endorsed on the
application and at once entered in the Daily Fee Book.
(3) At the close of the day the Record-Keeper shall cause the Head Copyist to take
the endorsed applications and the money, together with the Daily Fee Book, to the
Nazir and hand over the money to him and take the Nazir's signature on the Daily
Fee Book. The Nazir shall compare the endorsements on the applications with the
entries in the Daily Fee Book before signing it. The Nazir shall keep a deposit fee
account in the form and in the manner prescribed for civil courts subordinate to the
High Court.
(4) Copying fees shall be distributed monthly among copyists, according to the
work done by each, by the Head Copyist under the direction of the Registrar.
144 Registrar includes Additional Registrar (O.S.)- In this Chapter the term
"Registrar" includes the Additional Registrar, (O.S.) in respect of matter on the
Original Side of the High Court.
28
CHAPTER XIII
TRANSLATIONS
145 Official translation alone admissible- Documents not in English shall not
ordinarily be admitted in evidence unless officially translated into English before the
hearing by the Court’s translators.
146 Reader to attend when document not in Sindhi, Guajarati or UrduWhenever an application is made for translation of a document which is written in
any language other than Sindhi, Guajarati or Urdu, it shall be the duty of the party
applying for such translation to produce within a week from the making such
application a person who can read it and prepared to make the usual reader's,
affidavit about the correctness of his reading and his knowledge of the language in
which it is written. If the reader is not so produced, the Head Translator shall note
the fact on the application and return it to the Assistant Registrar concerned for
filed with the record of the case.
147 Procedure when documents are required transcribed in another
character before translation- Document which require to be read over before they
can be translated English by the Translator (a) shall be read by the reader provided
by the party or his advocate, who shall, after having read the same, make an
affidavit that he has truly and correctly, and to the best of his ability read the same,
and (b) shall be transcribed and signed by a translator. Such transcript shall be
attached to and produced in Court with the translation.
148 Affidavit by reader- When the reader provided in unable to read a
document without assistance, the document without assistance, the document may
be read to the translator by any other person available, who shall, after having read
the same, make an affidavit that he has truly and correctly and to the best of his
ability read the same.
149 Statement to be added to transcript- In all such cases the translator shall
add to the transcript a statement of the name, description or occupation, and place
of abode of any person who may have read, or given assistance in reading, the
documents thus: “ Read to me by A. B. of No. Street (occupation). Assistance was
given in reading this document by of--------.”
150 Translation from dictation of reader when inadmissible in evidenceTranslation of a document can’t be transcribed by the translator from the dictation
of a reader shall be read in evidence at the trial of any defended cause unless,
before such trial a notice shall have been given to the opposite party or his
advocate, in order to enable such party to attend before the sworn translator and
verify the correctness of the transcript, or unless the opposite party or his advocate
consents to such reading in evidence.
151 If transcript is incorrect, costs of fresh translation- If the transcript is
found to be incorrect and a fresh translation is: rendered necessary, all costs of,
and incidental to, such fresh translation shall be borne by the party filing the
document.
152 When matter to be referred to Court- If a document is in a language which
the Court translator cannot transcribe or translate, the matter shall be referred to
the Court for necessary orders.
153
When documents are to be sent in for translation on failure costs may
29
be disallowed- An advocate or a party in person shall, as soon as practicable,
apply for translation of any document on which he may rely. If he fails to so apply or
applies so late that the translation is not ready for use when the case is called on,
the Court may disallow costs such translation.
154 Application for translation to state date of hearing- When an advocate
or party in person applies for translation of any document, he shall, so far as he
can, state in the application the date of the hearing of the suit or matter in which the
translation is to be used.
155 Private translation prohibited- The making and supervising of private
translations by the Court Translators, of documents relating directly or indirectly to
suits or matters pending in Court, is prohibited.
156 Consequence of default in payment of fees- If a party or an advocate
fails to pay the translation fees for any document which has been translated, the
Head Translator may, in his, discretion refuse to receive an application for
translation of any fresh documents from such party or advocate until the sum due
for translation fees is discharged.
157 Sanction for immediate translation- The Registrar may, on good cause
shown, sanction the immediate translation of any document on payment of double
the usual fees.
158 Translation of entry in lieu of copy- When an entry in any account book,
which is not in the English language, is put in evidence under order XIII, rule 4 of
the Code, the translation of such entry shall be marked and recorded in lieu of a
copy thereof.
159 Oath or affirmation to Translator- Every Translator before his admission
to office shall take an oath or solemn affirmation that he will, to the best of his
ability, translate accurately all the documents given to him for translation.
160
Duties of Head Translator- The Head Translator shall(a) prepare an estimate of the deposits to be made on account of translation
fees and also lists of documents to be included in the paper-book;
(b) receive deposits on account of translation fees;
(c) distribute both paid and unpaid work among the Translators;
(d) check and compare paper-books with the original records;
(e) examine the translations, when so required by the Chief Justice or (in
respect of a translation of which correctness is questioned by) any of the
Judges; and
(f) generally be responsible that all the translation work of the office is
properly done and kept up-to-date.
In the distribution and disposal of work precedence is to be given to urgent
Original Side translations over other translations.
161 Form of Register of applications for translations-The Head Translator
shall maintain a single register of applications for translations on the Original and
Appellate Sides in Form No. 3 in Appendix B.
162 Estimate of cost and payment thereof to be made before translation,
made- The Head Translator shall enter on applications for translations the
estimated amount required to cover the cost of the translations according to the
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scale prescribed in Chapter 1 in Appendix C and shall require the party to pay the
amount within the prescribed time. If the amount is paid, the application shall be
entered by him in the register of applications for translations and thereupon the
translations shall be made and filed in the record. If the amount is not paid within
the time fixed or in any case within 7 days, the application shall be returned, with
an endorsement to that effect, to the Assistant Registrar of the branch concerned
and shall be filed in the record. No deposit shall thereafter be received in respect of
such application without an order signed by the Assistant Registrar extending the
time for payment of such deposit on due cause being shown by affidavit for nonpayment of the fees within the time originally allowed or without the leave of the
Court.
163 Checking of translations- Translations shall ordinarily be checked and
examined by the Court Interpreters. Each of them shall maintain a note-book
showing the translations checked by him.
164 Copies of translation to be made by copyist- Copies of translation
required by any party shall be made by the copyists on payment of the usual
charges by the party applying for the same, except where such copies have to be
supplied free of charge, in which case copying fees shall be drawn out of the
deposit for translation fees and paid to the copyists.
165 Provisions of Chapter XII apply- The provisions of Chapter XII shall apply,
so far as may be, to applications for translation of documents or other papers.
166 Fees- Fees prescribed in chapter II in Appendix C shall be levied for the
preparation, examination and certification of the transcript of the record.
CHAPTER XIV
INSPECTION
167 Inspection allowed only on application in writing- Inspection of the
record or a part of the record of a suit or matter may be allowed only, after such
notice as he may think necessary, by an order of the Registrar on an application
made in writing in that behalf, entitled in such suit or matter and signed by a party
or his advocate, and on the payment of a fee of rupee five (excluding the Court-fee
payable on the application). Such fee shall be paid by Court-fee stamp affixed on
the application. The application shall set out the particular document or documents
of which inspection is required:
Provided that a party or the advocate of a party engaged in a suit or matter fixed
for the day in Court may be permitted to inspect the record of such suit or matter in
the presence of the Reader or other officer in attendance in Court without applying
in writing for it and without payment of any fee.
168 Application by stranger- The provisions of rule 129 shall apply, so far as
may be, to an application for inspection of the record or any part of the record of a
suit or matter by a person who is not a party to it.
169 Inspection before R.K. during office hours- Save as otherwise provided
by the proviso to rule 163, inspection shall be made in the Record-Keeper's room
and in his presence during office hours. The Assistant Registrar concerned shall
endorse on the application compliance with the order and the date thereof.
170 Copies of extracts not to be taken- An order of inspection shall entitle the
applicant to read the record or any part thereof of which inspection has been
allowed. He may make a short memorandum of the date and nature of such record
so as to enable him to describe it sufficiently in case a copy is required; but he shall
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not be entitled to make a copy of it or any part of it or make extracts therefrom.
171 Registrar to include Additional Registrar, O.S- In this Chapter the term
“Registrar” includes the Additional Registrar, Original Side In respect of matters on
the Original Side of the High Court.
PART V
CHAPTER XV
EXECUTIVE AND ADMINISTRATIVE BUSINESS OF THE COURT
172 Administrative Judge- The Chief Justice shall nominate and assign one
session’s division to each Judge as “Administrative Judge” of that division for a
period of one year. In a given situation however, the Chief Justice may assign more
than one session’s division to one Administrative Judge.
(a)
In case of retirement, resignation, refusal or death of any Administrative
Judge, another Judge shall be nominated by the Chief Justice.
(b)
The Chief Justice shall assign and may revise the functions of the
Administrative Judge and may further assign the supervision of Special Courts/
Tribunals functioning in Sindh.
173 Administrative Committee- There shall be a Committee called “The
Administrative Committee” composed of the Chief Justice and four Judges to be
nominated by the Chief Justice.
(a) The Chief Justice and in his absence the senior most member of the
Committee shall preside over its meetings,
(b) In case of retirement, resignation or death of any member of the
Committee, another Judge shall be nominated by the Chief Justice in his
place,
(c) In the event of a member being temporarily absent on leave or otherwise,
it will be open to the Chief Justice to assign his work to any other Judge,
(d) Each member of the Committee shall discharge such function, dispose of
such executive and administrative business, as may be allocated to him by
the Chief Justice.
174 Allocation of administrative work- The following shall be the allocation of
executive and administrative work between the Chief Justice, and the
administrative Judge, the Administrative Committee and the Full Court;
(A) MATTERS FOR THE CHIEF JUSTICE
1.
General supervision and control of Subordinate courts and the Inspection
branch, subject to these rules.
2.
Co-ordination of the work of different committees and the administrative
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Judge;
3.
Constituting Committees of Judges to examine recommend and supervise
any specified matter;
4.
Assigning districts to Administrative Judge;
5.
Posting and transfers of officers of the subordinate Judiciary;
6.
Inter district transfers of the employees of the subordinate courts;
7.
Roster
8.
any residuary matters not allotted to any committee or Administrative
Judges.
(B) MATTERS FOR ADMINISTRATIVE JUDGES
1.
Review of Judicial work of subordinate courts, tribunals and special courts;
2.
Perusal of returns, evaluation of inspection reports made by Presiding
officers in respect of their own offices, audit reports received from those courts and
make orders thereon;
3.
Any adverse remarks or strictures made by an Administrative Judge about
Judicial work, conduct or integrity of any officer under his charge will be
communicated to the officer concerned, who may make representations, if any,
within a month and the same be placed before Administrative Committee for
consideration and decision.
4.
Grant of casual leave and permission to leave the head quarters to the
District and sessions Judges presiding officers posted in the sessions division
under the charge of the Administrative Judge;
5.
Disposal of appeals against orders of punishment imposed on and
representations etc. of the employees of the subordinate courts.
(C) MATTERS FOR THE ADMINISTRATIVE COMMITTEE
1.
Deputation of officers of subordinate Judiciary and their withdrawal;
2.
Confirmation, Promotion of the officers of subordinate Judiciary;
3.
Creation and abolition of post;
4.
Issuing circulars, and general instructions for the guidance of subordinate
courts. Copies of such circulars and general instructions shall be sent to all Judges
of the Court for information;
5.
Matters referred to the Administrative Committee by the Chief Justice;
6.
Matters in which the opinion of the High Court is sought by Federal or the
Provincial Government;
7.
Decision on the report of the Administrative Judge including annual
confidential remarks recorded by him in respect of an officer in his charge.
(D)MATTERS FOR THE FULL COURT
1.
Recruitment of Civil Judges/ Judicial Magistrates, Senior Civil Judges/
33
Assistant session Judges, Additional District &
recommendations to the Government for appointments.
Session
Judges
2.
Making and amending the Rules of the Court;
3.
Making and amending Rules for the guidance of subordinate court;
4.
Proposal as to legislation or change in law;
and
5.
General policy matters and matters affecting the powers and status of the
court;
6.
Consideration of general annual report of administration of Justice;
7.
The matters which the Chief Justice or the Administrative Committee or any
five Judges may consider fit to be placed before the Full Court.
175 Conduct and business by the Administrative Committee and the Full
Court- The business of the administrative committee and the Full Court may be
transacted either at a meeting or by circulation.
176 Procedure for circulation- The papers for circulation shall be sent by the
Registrar to the Judge in their order of seniority, commencing with Junior Judge.
The Registrar shall, so for practicable, obtain from each Judge within three days
from the date when they are sent to him. The Registrar shall endorse on the papers
the date when they are sent to and the date when are received back from each
judge. It shall not be necessary to send papers to any Judge who in on long leave
or out of country.
177 Opinion of Judge- When a Judge does not send his opinion in writing
within three from the date of receipt of the papers sent to him for opinion, he shall
be deemed to have declined to express any opinion in the matter.
178 Papers to be submitted to Chief Justice after circulation- After papers
have been circulated for opinion they shall be submitted to the Chief Justice and he
may either direct that the opinion of the majority of the Judges including his own be
given effect to or lay the matter for consideration before a Judge’s meeting or a
meeting of the Administration Committee, as the case may be.
179 Full Court meeting- The Chief Justice may call a full court meeting
whenever there is business to be disposed of:
Provided(1) that full court meeting shall be called once every three months excluding
summer vacation, and
(2) that if a request is made to the Chief Justice by not than five Judges to
call such a meeting it shall be called within a week of the request.
180 Meeting of Administrative Committee- The Chef Justice or in his absence
the senior most Judge of Administrative Committee, may call a meeting of the
Administrative Committee whenever there is business to be disposed of.
181 Notice of meeting to Judges- (a) The Registrar shall give to the Judges
concern, except in case of emergency, at least one clear day’s notice in case of a
meeting of the Administrative Committee and three clear day’s notice in the case of
Judges meeting, of the date, place and hour when such meeting would be held and
34
of the business to be brought before such meeting. In a case of emergency the
Registrar shall give the best notice he can. It shall not be necessary to give notice
of the Administrative Committee to any Judge who is not for the time being at main
seat.
(b) The Agenda of the meeting of the Administrative Committee and of Full Court
meeting shall ordinarily be circulated in the case of the meeting of the
Administrative Committee to its members, and in the case of Full Court meeting to
all the Judges, before the meetings, and they may, if necessary, express their
views in writing on any of the matters for consideration of the Committee or the Full
Court as the case may be.
(c) As soon as the Administrative Committee has disposed of any business a
statement showing what matters were laid before the Committee and the manner in
which they were disposed of shall be circulated for information to all the Judges.
182 Quorum- The Quorum necessary for the transaction of business shall be three
in case of meeting of the Administrative committee and ten in case of Full Court
meeting.
183 Decision in case of a difference of opinion- In case of difference of
opinion at Full Court meeting of a meeting of the Administrative Committee the
decision shall be in accordance with the opinion of the majority of the Judges
present, and in case the Judges be equally divided, the Chief Justice or in his
absence the senior Judge present shall have a casting vote.
184 Proceeding to be recorded- The Registrar shall attend all Full Court
meetings and meetings of the Administrative Committee and shall record in the
respective minute books the proceedings at such meetings. The record of the
proceeding shall be preceded by a statement signed by Registrar showing which of
the Judges attended the meeting and the business for which the meeting was
called.
185 Custody of minute book- The minute book shall be kept in the safe
custody and shall not be removed from Court premises by the Registrar, save with
the sanction of Chief Justice.
186 Disposal of executive and administrative business of the Court during
vacation- During Court’s vacation urgent and routine matters falling in the
jurisdiction of the Chief Justice or the Administrative Judges shall be laid before the
senior most vacation Judge on duty at main seat for orders.
Provided that the urgent matters shall be laid before such vacation Judge if the
Chief Justice is not easily available and the matters requiring decision of policy
shall not be laid before him for orders.
Explanation:- For the purpose of this rule urgent routine matters will mean
(1) Assembly and Parliament questions, (2) enquires made by other High Court,
(3) reply proposed to be sent to Government, (4) sanctioning advances to the staff
and officers of the Court, earned and medical leave to the officers of the Court and
Judicial officers, (5) proposals for arrangement during vacation submitted by the
District Judges.
187 Registrar to be in-charge of office administration- The Registrar shall be
in administrative control of the offices of the High Court, and the officers in
immediate charge of such offices shall be responsible to the Registrar who shall be
35
responsible to the Chief Judge for their efficient administration.
188 Court Officer not to be receiver or guardian without previous sanctionOfficer of the High Court other than the official receiver or Nazir shall not accept the
office of a receiver or guardian of the property of a minor in any suit or matter
without the previous sanction of a Judge of the High Court.
189 Officer of the Court not to be a surety and Advocates or Officers not to
be bail- No Officer of the High Court shall be a surety in any suit or matter in the
High Court, except where a surety or sureties may be a required for the purpose of
a grant of Letter of Administration under Section 228 of the Succession Act 1925,
nor shall any such officer or an Advocate be bail for any prisoner facing trial in High
Court or admitted to bail by High Court.
190 The Chief Justice may constitute committees- (1)The Chief Justice may
constitute committees for the maintenance of the buildings and gardens,
Automation, computerization and Court technologies, Judicial studies &
administrative training, for the management, supervision, and utilization of
Provincial Judicial Development fund, Security of the High Court and other Courts,
Selection Board, Selection Committee for Promotion & Committees for
determination of inter-se seniority of Judicial Officers, and Officers & Employees of
High Court, Developments, and Purchases etc.
(2) The above committees shall hold its meetings at least every three month and
shall submit its six monthly report to the Chief Justice and Annual report to the Full
Court.
CHAPTER –XVI
JUDGE’S LIBRARY
191 Librarian- High Court shall maintain a Library maned by a qualified
Librarian assisted by staff, as required, who shall work under the supervision of the
Judge In-charge of the Library.
192 Staff of Library- There shall be Assistant Librarians, Research Assistants
(Library) and other clerical staff who will assist the Librarian in maintaining the
Library.
193 Duty of Librarian- The Librarian shall keep catalogue of all law reports,
acts, collection of rules and orders, text books, gazettes and other publication.
Books and publications should be stamped with the Court seal immediately upon
receipt and should be entered in the catalogue and arrange systematically in the
library as far as possible in the following manner:(1)
PLD, CLC, MLD, SCMR, PLC, NLR, ALD, SBLR, P.Cr.L.J. PLJ, YLR, CLD,
PTD, PTCL, TAXATION, ETC.
(2)
All England Law Reports.
(3)
English Statutes (Halsbury’s Law of England).
(4)
All American Jurisprudence Secundum.
(5)
All Indian Reporter, Indian Supreme Court Cases and Income Tax Reporter.
36
(6)
Halsbury’s Laws of India.
(7)
General Rules & Orders, Local Rules & Orders, Sindh High Court Rules,
Sindh Civil Court Rules, Sindh Court Criminal Circular, Civil Account Court,
Civil Service Laws and Miscellaneous collections.
(8)
Dictionaries, Digests, English and Indian Text Books and other Books of
reference.
(9)
Pakistan Law Commission Reports and Gazette, sub-divided into Federal
Government Gazettes and Sindh Government Gazettes
A separate class of old editions of all the publications may be preserved.
The Law Reports, Acts, Gazettes should be bound periodically, the latest
edition of Pakistan Code, Sindh Code, the General and Local Rules and Orders,
Sindh High Court Rules, Sindh Civil Court Rules, the Sindh Court Criminal Circular,
the Civil Account Court and Civil Services Laws and Rules should be kept uptodate by pasting in the correction slips issued from time to time.
PART-VI
RULES UNDER SPECIAL ENACTMENTS
CHAPTER XVII
RULES FRAMED UNDER SECTION 491(2) OF THE CODE OF CRIMINAL
PROCEDURE, 1898, TO REGULATE PROCEDURE IN CASE UNDER SECTION 491
194 Application supported by affidavit- An application for an order under
section 491 shall be made on an affidavit setting forth the circumstances under
which the order is sought.
Provided that all communications addressed to the High Court by a person
in the custody of a public officer complaining of his detention or the conditions of
his detention, whether supported by affidavit or not, shall be laid before a Single
Bench for orders as applications under this rule.
195 Rule nisi on prima facie case- Where the Court is of the opinion that a
prima facie case for granting the application is made out, a rule nisi may be issued
calling upon the person or 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 in accordance
with law:
Provided that if the Court so orders, production of the body of the person
alleged to be illegally or improperly detained may be dispensed with.
196 Search warrant- If the application for an order under clause (a) or (b) of
sub-section (1) of the section alleges that a person is confined under such
circumstances that the confinement amounts to an offence, the Court may, at the
time of issuing a rule nisi, also issue a search warrant, and the person to whom the
warrant is directed may search for the person so confined; and such search shall
be made in accordance therewith, and the person, if found, shall be immediately
37
brought before the Court, which shall make such order as in the circumstances of
the case may seem to be proper.
The provisions of sections 43, 75, 77, 79, 82, 83 and 84, Criminal Procedure
Code, shall, so far as may be, apply to such warrants issued under rule 91.
197
Assistance to the person entrusted with warrant- If the Court issuing a
search warrant under rule 196 has reasons to believe that the person to whom the
warrant has been directed may not be able to identify the person confined, the
Court may order a person named in the warrant to accompany the person to whom
the warrant is directed, to assist him in the execution of the warrant.
198 Warrant to whom addressed- The writ or the warrant shall be served by
the Judicial Magistrate through Sessions Judge concerned, or by such other
person as may be appointed by the Judge. Where the application is by or on behalf
of a security prisoner, the writ will be served on the appropriate Government and
not on the officer detaining the prisoner.
Explanation- A security prisoner means a person who has been detained
under the orders of the Federal or Provincial Government under a law providing for
preventive detention.
199 Order on hearing of rule- On the return day of such rule or on any day to
which the hearing thereof may be adjourned, where no cause is shown or where
cause is shown and disallowed, the Court shall pass an order that the person or
persons illegally or improperly detained shall be set at liberty or delivered to the
person entitled to his or their custody. Where cause is allowed, the rule shall be
discharged.
200
Procedure as to evidence to be recorded- The Court may, if necessary,
in disposing of such rule, take evidence or direct a Court of Sessions or a
Magistrate to take evidence.
201 Bail pending hearing- Upon the return and production of the party on
whose behalf the rule was issued, the custody of the prisoner shall be under the
control and direction of the Court until the disposal of the rule. Pending the hearing,
the Court may admit the prisoner to bail or remand him to the prison where he is in
custody.
202 Grant of compensation- To check the tendency to file frivolous habeas
corpus petitions, the Court may, at its discretion, require the party concerned to
deposit in advance an amount as fixed by the Court directing the issuance of rule
nisi to be paid to the detainee as compensation if the petition is found to be
frivolous or vexatious.
203 Costs- In disposing of any such rule the Court may, in its discretion, make
an order for the payment by one side or the other of the costs of the rule.
204 Forms of warrants- The forms of warrants No.7 and 8 in Appendix-A to
these rules shall be followed with modifications.
CHAPTER XVII
RULES UNDER SECTION 99-F OF THE CODE OF CRIMINAL PROCEDURE,
OF 1898,
38
205 Application supported by affidavit- An application (to the High Court
under section 99-8 of the Code of Criminal Procedure, 1898 (hereinafter in this
Chapter referred to as "the said Code"), shall be made by petition signed by the
applicant and supported by an affidavit of the applicant.
206 Title- The petitioner shall be headed "In the High Court of Sindh, Appellate
Jurisdiction" and shall be entitled "in the matter the (name or description) book,
document, or newspaper, as the case may be.
207 Form- The petition shall be written on foolscap paper other paper similar to
it in size and quality and divided into paragraph numbered consecutively.
Dates and sums occurring in the petition shall be expressed in figures.
208 Petition to state interest of applicant- The petition shall state what the
interest of the applicant is in the property in respect of which the order of forfeiture
has been made, and all documents or copies thereof in proof of such interest
together with a copy of the order of forfeiture shall be annexed as exhibits to the
petition.
209 Grounds to be stated- The petition shall state the ground or grounds on
which it is sought to set aside the order of forfeiture.
210 Translation of documents annexed to be filed- All documents not in
English annexed as exhibits to the petition and all such other documents relied on
by the applicant and intended to be used in evidence, shall be translated accurately
into English by a Court Translator or Translators.
211 Presentation to Registrar, date of hearing- If the petition is presented to
the Registrar in proper form and the objections thereto, if any, have been complied
with, the Registrar shall fix a day for the hearing and determination of the
application by the Special Bench constituted under section 99-C, of the said Code.
212 Notice to secretary to Government of Sindh, Home Department- Notice
in writing of the day fixed for the hearing and determination of the application shall
be given by the Registrar to the Secretary to the Government of Sindh in the Home
Department. A copy of the petition and exhibits with translations, if any, which shall
be furnished by the petitioner, shall accompany such notice.
213 Costs- The Court may on applications under section 99-8, of the said Code
order the payment of such costs including advocates' fees as may appear proper.
214 Provisions of the Code made applicable- The provisions of the Code and
the rules and Forms of this Court relating to execution of decrees and orders shall
apply to the execution of orders passed by the High Court on applications under
section 99-8 of the said Code.
CHAPTER XIX
RULES FOR THE ISSUE OF ORDERS/DIRECTIONS UNDER ARTICLES
199 AND 202 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF
PAKISTAN, 1973
215 Applicability of rules- Application for the issue of rule nisi under Article 199
(I) (a) (i) of the Constitution shall be governed by rules194 to 204 of Chapter XVI of
these rules.
39
216 Forms and contents of application- (1) An application under the
Constitution shall:
(a)
Set out concisely in numbered paragraphs the facts upon which the
applicant relies;
(b)
mention the grounds upon which the Court is asked to make an
order;
(c)
state exactly the nature of the relief sought;
(d)
be accompanied by an affidavit or affidavits in proof of the facts and
certified copies of all pleadings, documents, orders of the
subordinate court or authority or tribunal including the evidence
recorded, if any, and unless dispensed with by the Court;
(e)
state whether the applicant has moved the High Court previously for
the same relief and if so, with what result.
(2)
The provisions of rule 24 of Chapter V of Part-III shall apply, mutatis
mutandis, to application seeking constitutional remedies
217 Forum- Unless otherwise ordered by the Chief Justice, the application shall
be laid before a Division Bench which may summarily dismiss it or pass such order
as it may deem necessary. During vacation the application may be disposed of by
a Vacation Judge.
218 Notice to all parties- Subject to the directions of the Court, notice of the
application shall be served all parties directly affected and for this purpose the
applicant shall file within a week of the admitting order as many authenticated
copies of the application and affidavits as there are parties to be served and the
prescribed process fee:
Provided that at the hearing of the application a person, who desires to be heard in
opposition to the application and appears to the Court to be a proper person to be
heard, shall be heard, notwithstanding that he has not been served with a notice
and subject to such conditions as to costs as the Court may deem fit to impose.
219 Appearance of Petitioner- An application under these rules may be made
by the petitioner in person or through a counsel.
220
Right of reply- Respondents in writ petitions should be required, when
notices are issued, to file written statements, counter-affidavits, if any, and other
documents on which they rely at least two days before the hearing.
221 Matter to be decided on affidavits- Questions arising for determination of
such petitions shall be decided ordinarily upon affidavits but the Court may direct
that such questions as it may consider necessary be decided on such other
evidence and in such manner as it may deem fit and in that case it may follow such
procedure and may pass such order as may appear to it to be just.
222 Service of writs- The writ under these rules shall be served personally, if
possible, upon the parties to whom it has been directed or in such manner as the
Court issuing the writ may direct.
223
Costs- Costs shall be in the discretion of the Court in each case.
40
224 Court-fees- A court-fee of Rs1000/- shall be payable on each petition but
no court-fees shall be required in case a writ is required in respect of the detention
of any person by or under orders of any public authority.
225 Forms- The forms No. 10 to 13 as set out in the Appendix A shall be used
with suitable modifications wherever necessary.
PART VII
CHAPTER XX
ADVOCATES' CLERKS
226
Definitions- In this Chapter, unless the context otherwise requires.
(i)"advocate" includes a partnership of advocates,
(ii) “Advocate’s registered clerk" means a clerk of an advocate registered
under these rules;
(iii) ”Competent Authority” means the Registrar of the High Court or any
person nominated by the Registrar to perform the functions of the Competent
Authority.
227 Qualifications of Advocate’s registered clerk- Subject to the provisions of
the rules, a person shall not be qualified to be registered as an Advocate’s clerk
unless he(a) is a citizen of Pakistan;
(b) has completed the age of 21 years;
(c) has passed higher secondary school certificate from a recognized Board
or University, or an examination equivalent thereto;
(d) has proficiency in English, Urdu and Sindhi;
(e) has worked for one year in office of an advocate under a registered
advocate’s clerk.
Provided that clauses (c), (d) and (e) shall not be applicable to a person,
who is already registered as Advocate’s clerk on the date of publication of
these rules in the Gazette.
228 Disqualification for enrolment- No person shall be registered as
advocate’s clerk(a) if he is a convicted for an offence involving moral turpitude or implying a
defect of character;
(b) if he is undischarged insolvent;
(c) if he has ever been declared a tout;
(d) if he is suffering from any contagious or infectious diseases.
229 Application for registration- (1) When any person who has for one year in
office of an advocate under a registered advocate’s clerk, such person shall make
41
an application to the competent authority in writing given the following details:
(i) full name and address;
(ii) date of birth;
(iii) name, complete address and enrolment number of the advocate who
has engaged him;
(iv) date of engagement;
(v) three copies of recent passport size photograph;
(2) The application shall contain a declaration that the applicant does not suffer
from any disqualification under rule 228.
(3) The application shall be accompanied by a certificate for registered clerk under
whom the applicant work for one year certifying that he has acquired working
knowledge of the rules and the practice of Court, can read and write English, Urdu
and Sindhi.
(4) The application shall also contain a certificate from the advocate who has
engaged the applicant that such advocate has engaged the applicant to work as
the clerk; that he is honest and bears good character, and that the particulars given
in the application are correct.
(5) If, on examination, the competent authority finds the application to be in order, it
shall enter the name of the applicant in the register of advocate’s clerk. The
Registrar shall issue a certificate to the clerk ending 31st of December each year
subject to renewal in Form No. 14 of Appendix A.
Provided that at any given time not more than two advocate’s clerk shall be
registered for one advocate.
230 Preparation and maintenance of register- (1) The Competent Authority
shall prepare and maintain a register of advocate’s clerk in Form No. 4 of Appendix
B, in which(i) the name of persons who working as clerk of advocate on the date of
commencement of these rules;
(ii) the mane of persons who are engaged, after the commencement of the
rules, as clerk to advocate shall be entered.
(2)The register shall contain the following details of an advocate’s clerk—
(a) his name and address;
(b) his age;
(c) his passport size recent photograph;
(d) his date of engagement; and
(e) the name of advocate with whom he is engaged.
231 Restriction to work as clerk- No person shall act as a clerk of more than
one advocate, and unless his name is entered in the register.
232 Registration fee- (1) An application for registration under rule 229 shall be
accompanied by a fee of one hundred; and renewal fee of rupees twenty five shall
be payable by January 31st for each subsequent Calendar year failing the
competent authority shall remove the name of defaulting clerk. The fee shall be
42
payable in the shape of non-judicial stamp.
(2) Where the name of a clerk has been removed from the register under the
preceding paragraph, his name shall not be register again unless he pays the
renewal fee of rupees fifty along with the arrears and an extra sum of rupees
twenty per year for the period of default by way of penalty:
Provided that the Competent Authority may, if satisfied for good and sufficient
reasons by affidavit or otherwise, wave the penalty for the period or part of the
period during which he ceased to work as a registered clerk in the Court.
233 Removal of name from the register- The Competent Authority may
remove from the register the name of a person who is dead or who has incurred a
disqualification as mentioned in rule 228, or who is found guilty of any misbehavior
or false declaration or fraud or suppression or misrepresentation or grossly
improper conduct in discharge of his professional duties or breach of the provisions
of these rules, or censured by Court, or from whom a request has been received to
that effect or in respect of whom an order of removal of his name from register has
been passed in accordance with these rules, or for any other good and sufficient
cause, such as termination of the engagement with an advocate.
234 Acts which a registered clerk may perform- A registered clerk shall not
make any motion or advance an argument in Court nor shall he swear an affidavit
as agent of a litigant unless authorized by general or special power of attorney of
the litigant. The power of attorney will not be insisted where an application is made
for restoration/recall of the order in a case which has been dismissed in default/
disposed of ex parte in the absence of the counsel. He may act in matters of
routine nature which do not require the personal attendance of the advocate and
may do the following acts, namely—
(1) receiving notice on behalf of the advocate or application with whom he is
registered;
(2) presenting an appeal or application in office;
(3) obtaining office report on an application for adjournment;
(4) taking back an appeal or application filed in office if found defective or returned
to be presented in Court.
(5) presenting to the office an application signed by the advocate with whom he is
registered for—
(a) copy of document;
(b) inspection of record;
(c) return of document;
(d) return of surplus balance;
(e) translation and printing, or
(f) transliteration or translation or the verification of such transliteration or
translation;
(6) take note from the deficiency report of the stamp and filing the necessary
stamp;
(7) inspecting record, if authorized by has master and sectioned by Court;
43
(8) depositing money and paying court-fees;
(9) receiving paper book, certified copies;
(10) filing vakalatnama or certificate of fee; or
(11) identifying person swearing affidavits.
235 Identity card, dress and name plate- (i) The Registrar or the Competent
Authority shall issue an identity card to every advocate’s clerk entered in the
register.
(ii) Advocate’s clerk shall carry the identity card on his person when he visits
Court or office of the Court and shall be obliged to show it to officer of the Court on
demand.
(iii) A person who ceases to be an advocate’s clerk shall surrender the identity card
to the competent authority.
(iv) in case the identity card is lost or mutilated, a fresh identity card shall be issued
on application of the advocate’s clerk which shall be accompanied by two recent
photograph and a fee of rupees fifty.
(v) In the discharge of duties every advocate’s clerk shall wear black waist-coat
with a name plat/tag exhibiting his name and registration number above the chest
pocket.
236 Punishment for misconduct- (1) Where on receipt of a complaint or
otherwise the Registrar or Competent Authority has reason to believe that
advocate’s clerk has committed professional or other misconduct, it shall appoint
an enquiry officer to conduct an enquiry into the complaint.
(2) The enquiry officer shall, after giving a reasonable opportunity of being heard to
such clerk, conduct an enquiry and submit his report to the registrar or the
competent authority.
(3) The registrar or competent authority on receipt of enquiry of the Enquiry Officer
and after giving the Advocate’s clerk concerned an opportunity of making written
submissions against the report of the enquiry officer and of oral hearing, if prayed
for, may pass any or more of the following order, namely—
(a) removal of name from register,
(b) Imposition of fine which may extend to rupees five hundred, or
(c) Suspension of registration for such period as he deem fit.
(4) Where registration is suspended, such advocate’s clerk shall during the period
of suspension, be debarred from acting as a clerk and from doing any act
permissible under these rules.
PART VIII
CHAPTER XXI
APPROVED LAW JOURNALS
237 Issue of copies- The issue of copies to representatives of such journals
shall be governed the following provisions namely:(i) An approved list of law journal entitled to receive copies of judgments approved
for reporting under the rule shall be maintained under the orders of the Chief
44
Justice.
(ii) Law journal on the approved list shall be entitled to receive not more than one
copy of such judgment under the rule.
(iii) As soon as a judgment has been approved for reporting by the Court, the
reader (bench Secretary) shall enter it in a register to be called “register of
judgments marked A.F.R.” the entries being made in chronological order. He shall
send such judgment immediately to Judges Library.
(iv) As soon as, a judgment marked A.F.R. has been received by the Judges
Library, the Librarian shall get prepared as many copies as there are law journals
on the approved list.
(v) Copies prepared under the rules shall contain the following additional
information, namely:(a) the name of advocates appearing in the case on both side;
(b) the name of Judge delivering the judgment of the Court;
(vi) as soon as, copies are ready, same shall be delivered to the law reporters
representing the law journals on approved list.
(vii) The “Register of Copies of judgments A.F.R.” shall be open to inspection by
the law reporter or his clerk or by the representative of any law journal on approved
list.
CHAPTER XXII
MISCELLANEOUS PROVISIONS
238 Dress for Officers, Officials of High Court- (1) The Officers and the
employees of the High Court shall wear two piece dress, pant shirt with tie and
shoes or safari suit with shoes or shalwar kamiz with waist coat of sober color and
shoes.
(2) Lady employee shall wear a regional dress of subdued color with black coat.
(3) Bailiffs, Chowkidars, Drivers, Dispatch Riders, Farash, Hawaldars, Gardeners,
Security and Sanitary staff shall wear uniform as prescribed by the Court or their
department from time to time.
239 Entry in Court Building- (1) Officers/Officials, Advocates and their
registered clerks for whom dress has been prescribed shall enter in the Court
Building in the prescribed dress. The officers, officials and registered clerks shall
also carry their identity cards issued to them from High Court office. The Advocates
shall carry with them the identity cards issued by the concerned Bar Councils.
(2) Entry of other person into the Court Building shall be regulated by Entry Passes
only, which shall be issued from the office of Secretary (Services & Maintenance).
240 Restriction on carrying arms- No person, not belonging to the security
force on duty shall carry or have in his possession within the Court premises any
arms as defined in sub-clauses (ii) & (iii) of clause (b) of sub-Section (1) of Section
3 of Arms Ordinance, of 1965, except by the authority in writing of the Chief
Justice.
Explanation I- The expression “Security Force” shall include such number of the
Police Force or any other like force as may be placed at the disposal of the Court
for the purposes of security and the maintenance of law and order within the Court
45
premises.
Explanation II- The expression “Court premises” shall mean all land, buildings and
structures situated within its limits at Karachi, Hyderabad, Sukkar and Larkana
including the building in the occupation of Bar Associations, but shall not include
residential accommodations. If any, of the Judges, officers and staff situated within
its bounds.
241 Repeal and savings- Rule of the Chief Court of Sindh (on the Appellate Side)
and other existing rules dealing with matters by these rules are hereby repealed.
Nothing in this rule shall affect any things done or to be done under the
repeal rules or under any decree or order made in accordance with them prior to
the date of commencement of these rules.
The end
46
APPENDIX A
FORMS
FORM NO. 1
[Rule 17 (2)]
(Memo to memorandum of Civil Appeal etc., when present)
MOTIONS
THE HIGH COURT OF SINDH, KARACHI
CIVIL APPEAL NO.
Appeal Presented by
appellant personally.
the value of Rs.
OF 20_____
Counsel for the appellant (or the
The memorandum of appeal Court fees to
It has been properly drawn up, is within time and is accompanied by copies of
all necessary documents. Enter appeal in register and place before a judge for orders
on the __________day of _____________20____. All documents in the vernacular will
be translated into English at the cost of the appellant, Rs. ________/-on account of
such cost have been deposited vide receipt No. ______dated__________ attached.
Inform the Counsel or the appellant of the date by post card registered A.D.
Reader
Dated:_____________
(Countersigned).
Deputy Registrar (Judl.)
The memorandum of appeal and copies attached thereto bear Court-fee of the
proper amount. The class of suit is
Assistant Registrar ______
Dated:____________
47
(OBJECTION MEMO)
The following objections at items No. ______
To be complied with within 7 days
CIVIL REVISION.
CIVIL TRANSFER.
1.
2.
3.
4.
5.
6.
7.
8.
Proper Court fee to be paid.
Affidavit in support of to be filed.
Certified copies of the Judgment/annexures to be filed
Vakalatnama to be filed.
How this Revision Application is competent?
Opening form to be filed.
H.C.A.
SPECIAL H.C.A.
IST APPEAL
IIND APPEAL
MISC. CIVIL APPEAL
RENT APPEAL
I.T.R.
EXECUTION
1. How Appeal is in time?
2. Proper Court fee to be paid.
3. Proper Section of law to be quoted.
4. Certified copy of judgment and decree of the trial court to be filed.
5. Vakalatnama to be filed.
6. Affidavit to be filed.
7. Opening form to be filed.
8. Duplicate sets to be supplied.
9. Rs. 250/- to be deposited.
10. Original Power of Attorney to be filed.
11. Application to be filed.
(i)
Under Order 29/30 C.P.C.
(ii)
Under Order 32 Rule 3 P.P.C.
12. Corrections to be attested.
13. Memo of appeal is unsigned.
14. Blank to be filed in.
15. Index to be filed.
16. Paging to be done.
17. Ledger number of Sindh Bar Counsel to be mentioned.
Deputy Registrar (Judl:)
48
FORM NO. 2
Notice under Order XLI, Rule 5 of the Code of Civil Procedure
IN THE HIGH COURT OF SINDH KARACHI
Appellate Side
Civil Appeal No. of 20
Original Suit No.
of 20
Applicant
v/s
Opponent
To
Inhabitant of
Whereas the said applicant has applied to this Court to issue an order
to stay execution of
Court's decree under Order XLI, Rule 5 of the Code of Civil Procedure
Take notice that you are hereby required to show cause at
a.m.
on the day of 20
why an order aforesaid should not issue, and if no
sufficient cause shall be shown on the day specified, this Court will issue an
order to stay execution.
Dated this ___ day of___________20__
Assistant Registrar
Seal
49
FORM NO. 3
Form of Warrant
(Rule 44)
IN THE HIGH COURT OF SINDH
Appellate Side, Criminal Jurisdiction
Criminal Appeal against Acquittal No.____of 20___
The State
v/s
To
WHEREAS the accused above named was acquitted by the charges
under Section
Pakistan Penal Code, on
and whereas the AdvocateGeneral/Prosecutor General for Sindh under instruction from the
Government of Sindh has filed an appeal under section 417, Code of
Criminal Procedure, against the said order of acquittal;
Now, therefore, you are directed under the provisions of section 427.
Code of Criminal Procedure, to cause the said
to be arrested
and brought before you and to commit him to prison pending the
disposal of the said appeal unless he executed a bond for Rs.
with
sureties upto Rs . to appear before you when called upon in
execution of the final orders of this Court.
You are further directed to return this warrant duly executed as early
as possible to this Court or in any case at the expiration of one month
from this date.
Given under my hand and the Seal of the Court this ____ day of
_______20__
Judge
Seal
50
FORM NO. 4
Writ to the Superintendent of the Prison when the High Court has
rejected or dismissed an appeal or application for revision or
when a Sentence has been altered or retrial ordered by the High
Court on appeal or in exercise of its Jurisdiction as a Court of
Revision.
(Sections 425 and 442 of the Code of Criminal Procedure)
(Cause title)
To
The Superintendent of the Prison at
Whereas (name)
a convict in the Criminal Jail. at who was
convicted by Sessions Judge on the ___ day of________20__ of
the offence punishable under section
of the Pakistan
Penal Code (or Act) and was sentenced to
made an appeal
(or application for revision) to this Court in the exercise of Criminal
Appellate Jurisdiction; and whereas this Court in the exercise of the
said Jurisdiction has ordered that
You are hereby required to communicate this order to the said
(name) and to attach this writ to the Warrant under which you hold
the said (name) in your custody.
Given under my hand and the seal of the Court, this ___ day
of________ 20__
REGISTRAR
Appellate Side
Seal
51
FORM NO. 5
Writ to the Superintendent of the Prison when Sentence has been
Reversed by the High Court on Appeal or in the Exercise of its
Jurisdiction as a Court of Revision.
(Section 425 and 442 of the Code of Criminal Procedure)
(Cause title)
To
The Superintendent of the Prison at
Whereas this Court in the exercise of Criminal Appellate Jurisdiction
has reversed the sentence of passed on ___ the day of _______
20__ by Sessions Judge
under section
of the Pakistan
Penal Code on (name)
at present a convict in the said prison
and has ordered that the said (name)
be discharged; you are
hereby required to carry into execution the said order by discharging
the said
and certify execution of the said order by endorsement
at the foot of this Writ within two days of your receipt hereof.
Given under my hand and the seal of the Court, this ___ day of
_______ 20__
REGISTRAR
Appellate Side
Seal
RETURN
It is hereby certified to the High Court of Sindh that the within
mentioned convict has this day been discharged in execution of the
above order.
This ___ day of _________ 20__
Superintendent
52
FORM NO. 6
(Rule 69)
(Cause title)
Appellant
versus
Respondent
To,
____________
Advocates for appellant
Take notice that record and the proceedings in above appeal have
been received. You are required to prepare and deliver within fortnight of
service of this notice, a list of all papers other than those mentioned in rule
68, upon which this decision of the appeal depends on which appellant
desires to be included in the paper book at his own expenses. That list shall
be called “The Appellant List.”
This ____ day of _________20__
Registrar
Appellate Side
53
FORM N0. 7
(Rule 71)
(Cause title)
Appellant
versus
Respondent
To,
____________
Advocates for Respondents’
Take notice that the appellant has submitted a list of papers to be
included in the paper book.
You are required to file within fortnight of the service of this notice, a
list of the papers other than specified in appellant list an relevant to the
appeal, which the respondent desire to be included in the paper book at their
own expenses. That list shall be called “The Respondent’s List.”
Dated this ____ day of _________20__
Registrar
Appellate Side
54
FORM NO. 8
Form of warrant under section 491 (1) (a), Criminal Procedure Code.
HIGH COURT OF SINDH AT KARACHI/CIRCUIT COURTS/BENCHES
(Cause title)
To the Officer-in-charge of (name of jail or lunatic asylum or other
place, where the person is detained in custody) or to (name of person).
You are hereby required to have the body of (name) now a prisoner in
your custody (or now in your custody) before this Court on the day of by
10-30 a.m. to be dealt with according to law and you shall abide by such
order as shall in that behalf be made by this Court (if the prisoner is detained
in public custody add) and unless the said (name) shall be ordered by this
Court to be released, you shall, after this Court shall have dispensed with his
further attendance; cause him to be conveyed, under safe and sure conduct,
back to the said (jail or asylum or other place of custody).
Given under my hand and the seal of this Court __________
this_________ day of _____________20__
Deputy Registrar (Judl)
55
FORM NO. 9
Form of warrant under section 491 (1) (b), Criminal Procedure Code
HIGH COURT OF SINDH AT KARACHI /CIRCUIT COURTS/BENCHES
(Cause title)
To,
(The name and designation of
Person to whom the warrant is directed).
Whereas information has been laid before this Court that (give name
and description of the person allegedly to be illegally detained) is being
illegally detained in (describe the house or place where the person illegally
detain).
This is to authorize and require you, with assistance of (give the
description of the person authorized to accompany the person to whom the
warrant is directed) to search for the aforesaid person (give the name and
description of the person illegally detained) in the (describe the place to
which the search is to be confined) and, if found, to produce him forthwith
before this Court to be dealt with according to law.
Given under my hand and the seal of this Court __________
this_________ day of _____________20__
Deputy Registrar (Judl)
56
FORM NO. 10
(Rule 225)
Writ of Certiorari. Order absolute
(Under Article 199 (1)(a)(ii) of the Constitution of the Islamic Republic of
Pakistan 1973.)
IN THE HIGH COURT OF SINDH, KARACHI
The
20….
Day of
Writ Petition No.
of
20….
Between
________________________________________________________Petitioner
and
_____________________________________________________Respondent
This
petition
coming
on
this
_______
day
of
____________20_____ on further consideration in the presence of
__________ and __________ upon perusing the records in and comprised in
the return _______ to the writ made by _____________ and upon hearing the
arguments of __________ for petitioner and of _____________ for respondent,
it is ordered as follows:(1)
(2)
Deputy Registrar
57
FORM NO. 11
(Rule 225)
(Under Article 199(1)(a)(i) of the Constitution
of the Islamic Republic of Pakistan, 1973)
IN THE HIGH COURT OF SINDH, KARACHI
The
20….
day of
Writ Petition No.
of
20….
Between
___________________________________________________Petitioner
and
_____________________________________________________Respondent
Whereas by a petition filed in this Court by the aforesaid
petitioner. It has been brought to the notice of this court that you respondent,
aforesaid, have taken on your file ______ (here describe the proceeding), and
whereas this Court is of opinion that you, the respondent aforesaid, have no
jurisdiction to hear and determine the said ____________ by reason that (state
facts showing want of jurisdiction).
You are hereby prohibited from further proceeding and with the
said _____________.
Deputy Registrar
58
FORM NO. 12
(Rule 225)
Order on Petition for Quo Warranto
(Under Article 199(1)(b)(ii) of the Constitution
of the Islamic Republic of Pakistan, 1973)
IN THE HIGH COURT OF SINDH, KARACHI
The
20….
day of
Writ Petition No.
of
20….
Between
_____________________________________________________Petitioner
and
_____________________________________________________Respondent
Petition praying that in the circumstances stated in the affidavit file
herewith the High Court will be pleased to issue a Writ of Quo Warranto direct
to_______________ the respondent, above named, requiring him to show
cause by what authority he claims to have, use, enjoy and perform the rights,
duties,
privileges
of
the
office
of
__________________________________________________.
The petition coming on for hearing this day, upon reading the
petition, etc., hearing Mr. ______________ for the petitioner and the said
respondent appearing by Mr. __________________ and entering a disclaimer
to the Quo Warranto, this Court doth order and direct that the said
_____________ respondent herein do not intermeddle in any manner with the
said office and this Court doth further order and declare that the said office of
______________ is vacant.
Deputy Registrar
59
FORM NO. 13
(Rule 225)
Writ of Mandamus
(Under Article 199(1)(a)(i) of
the Constitution of the Islamic Republic of Pakistan, 1973)
IN THE HIGH COURT OF SINDH, KARACHI
The
20….
day of
Writ Petition No.
of
20….
Between
___________________________________________________Petitioner
and
_____________________________________________________Respondent
To,
Whereas by section ____________ of Act ____________ you are
required to ______________ (specify the act to be done) and whereas it has
been represented to the Court that, contrary to the requirements of the Act, you
failed, neglected or refused to _____________ in spite of demands made in
that behalf.
You are hereby
______________
directed
to
_____________
on
or
before
Deputy Registrar
60
FORM NO. 14
Form of Certificate for Advocates’ Registered Clerks
[Rule 229]
HIGH COURT OF SINDH AT KARACHI /CIRCUIT COURTS/BENCHES
Registered Clerks’ Certificate No.
Not transferable
This is to certify that
son of
aged
,
now residing at
is a registered clerk employed by Advocate and
that he is entitled in connection with his employer’s business to have access
to the office of Sindh High Court and the offices attached thereto.
This certificate is valued for one year.
Dated the
Deputy Registrar (Judl)
61
APPENDIX B
REGISTERS
FORM NO. 1
General Record Register of the High Court of Sindh
[Rule 112(3)]
Part I.1 Suits including Execution
Part II. Miscellaneous/applications
Part lll.1 Appeals
1
2
3
4
5
6
Date of
No. Year of No. of pages Shell of
Date of
Extent of
disposal Name of case subsequently cupboard destruction destruction
appeal
added
miscellaneous
application
7
Remarks
Sindh High Court Rules (A.S.)
HIGH COURT OF SINDH AT KARACHI /CIRCUIT COURTS/BENCHES
Part IV. I Correspondence
Part V. l Accounts
1
2
3
4
5
6
7
8
Date of
disposal
Description
of the file
Year
of
years
No. of
pages
Shelf of
cupboard
Date of
destruction
Extent of
destruction
Remarks
62
FORM NO. 2
Register of Requisitions for Records
[Rule 113 (1)]
1
2
3
Serial
No.
Date of
receipt of
requisition
No. of
suit or
matters
4
5
Purpose
Date of
of
compliance
requisition or (in case
of
defective
requisition)
of the
return
63
6
7
Date of
return
and
initials
and
initials
the
Record
Keeper
Remarks
(any
case of
urgency
should
be noted
here)
FORM NO. 3
Register of application for copying and translation in the High Court of Sindh
(Rules 131 and 161)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Serial
No
Date of
application
Name of
Applicant
No. and
year of
case from
which the
copy of
translation
is
required.
Date of
estimate
of fees
Amount
of
estimated
fees
deposited
(including
extra
fees, if
any) and
Date of
Deposit
Amount
of
deficit,
if an,
and
date or
receipt.
Date of
supply
of
stamps
Amount
recovered
by V.P.P
and date
of
recovery
Name of
copy 1st or
translation.
Date of
certification
Date of
delivery of
co or
translation
or
dispatch
by V.P.P.
Amount
due for
copying
fee.
Amount
due for
comparing
fee.
Amount
due for
translation
fee.
16.
17.
18.
19.
20.
21.
22.
Amount
due for
postage/
courier
charged
Amount if
any
refunded.
Signature of
applicant or
No. and
date of
money order
and V.P.P.
receipt
Amount
paid to
copyist or
translators
Amount
credited to
Government
No. and
date of
Treasury
Receipt
Remarks
64
FORM NO. 4
Register of Registered Clerks of advocates
[Rule 230 (1)]
HIGH COURT OF SINDH AT KARACHI
1
2
3
4
5
6
7
8
Sr. Name Father’s Age Residence
Date of
Photograph Name of
No.
Name
Registration
Advocate
under
whom
Employed
9
10
Date of Remarks
removal
from the
Register
Note: 1 not more than two or three names should be entered on each page
of the register and as each clerk renews his license from year to year, the date of
renewal should be entered on the same page in column 6.
65
APPENDIX C
Scale of Fees
Chapter 1
Scale of copying, comparing & translation fees
HIGH COURT OF SINDH
1.
English Copies
Rupees three per page or part thereof( photo
state)
2.
Vernacular copies
Rupees three per page or part thereof.( photo
state)
3.
Copies of hand written
documents
Typed copies, rupees 15 per page.
4.
Translation from Sindhi
into any other
vernacular, or vice
versa
Rupees 15 for every 90 words or parts thereof.
5.
Translation from
English into Sindhi or
any other vernacular,
or vice versa
Rupees 20 every 90 words or part thereof.
6.
Copying, comparing
and translation fees of
tabular forms ( hand
written)
Double the ordinary rate.
7.
Copies and comparing
fees of maps and
plans.
Fifteen rupee to thirty rupees as determined by
the Registrar.
Provided that one and a half times the usual fees only shall be charged if
extra copies not exceeding 3 in number made by the same process are applied
for, and twice the usual fees, if extra copies exceeding 3 but not exceeding 5 in
number made by the same process are applied for.
66
CHAPTER II
Scale of Fees levied for the Preparation, Examination, and Certifying of the
Transcript of the Record.
[Rule 166]
Translation of papers
.....
Two rupees per folio 90 words or part
thereof.
Revision of translation
.....
One rupee per folio of 90 already
made or used words or part thereof.
Copying English papers
.....
One rupee per folio of 90 words or part
thereof.
Copying other papers
.....
50 paisa per folio of 90 words or part
thereof.
Examination of transcript record .....
50 paisa per folio of words, record or
part thereof.
67