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Sindh High Court Original Side Rules 2012

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Sindh High Court Original Side Rules 2012 THE SINDH HIGH COURT ORIGINAL SIDE RULES 2012 Sindh High Court Rules (O.S.) CONTENTS (ON THE ORIGINAL SIDE) PART I G E N E R A L CHAPTER I Preliminary 1. Short title 1 1-A Commencement 1 2. Interpretation 1 3. Reckoning of time 3 4. Service of notice 3 5. Use of forms in appendices 3 6. Alteration, etc. of rules in First Schedule to the Code 3 CHAPTER II Exercise of original Civil Jurisdiction 8. Holding of Court on Original Side 4 9. Jurisdiction to be exercised by a Judge 4 10. Reference to two or more Judges 4 11. Distribution of business 4 12. Disposal of miscellaneous matters 4 13. Definition of miscellaneous matters 4 14. Disposal of applications by Additional Registrar (O.S.) 6 15. Appeal from the Additional Registrar to a Judge 10 II Sindh High Court Rules (O.S.) 16. Date to be fixed for hearing reference in Court 10 17. Costs of proceedings before Additional Registrar (O.S.) 11 18. Additional Registrar (A.S.) to dispose of business in absence of Additional Registrar (O.S.) 11 19. Disposal of applications by the Deputy Registrar 11 CHAPTER III The Original Side Office Dates and Cause-lists 20. Additional Registrar (O.S.) to fix dates on every Saturday 12 21. Day for short causes 12 22. What are short causes? 12 23. Transfer of short causes to long causes 13 24. Days for execution proceedings, etc 13 25. Fixing of dates for final disposal 13 26. Cases to be brought to trial in order of their age 14 27. Cause List 15 28. General Cause List Book 16 29. Sealing of summons, order, etc 16 30. Duties of Assistant Registrar 16 31. Registers 17 32. Arrangement of record in pending matters 17 33. Contents of each file 17 III Sindh High Court Rules (O.S.) 34. Binding and title page 19 35. One file in miscellaneous applications 19 36. Diaries 19 37. Order sheet 19 38. Removal of record from Court-house 20 PART II PROCEDURE ON THE ORIGINAL SIDE CHAPTER IV General Practice and Procedure Form of Proceedings 39. Proceedings how written 20 40. Names etc., parties 20 41. Authority to be stated 21 42. Draftsman‘s endorsement 21 43. Particulars to be stated in address for service 21 44. Initialing alteration, etc 21 45. Form of Vakalatnama 22 46. Execution and attestation of Vakalatnama 22 47. Endorsement on VakaIatnama 22 48. Notice of change of advocate 22 49. Notice of discharge to a client 22 50. Advocate-General and Government Advocates not to file Vakalatnama 23 Affidavits and Oath Commissioners 51. Appointment of Oath Commissioners 23 52. Ex-officio Commissioners 23 IV Sindh High Court Rules (O.S.) 53. Fees 23 54. Register 23 55. Title 24 56. Form 24 57. Deponent’s description 24 58. Endorsement should state on whose behalf filed 24 59. Source of information to be disclosed 25 60. Affidavit stating matter of opinion 25 61. Scandalous matters 25 62. Alterations and interlineations 25 63. Affidavit how taken outside Court House 26 64. Reading of contents of affidavit to deponent 26 65. Endorsement of the Commissioner 27 66. Identification of deponent 27 67. Pardanashin woman 27 68. Every exhibit to be initialed and dated 27 69. Form of certificates 27 70. What affidavit shall not be used in evidence 27 71. Use of defective affidavit 27 72. Special time for filing affidavit 28 73. Proof on affidavits 28 74. Interpretation 28 Introductory Proceedings 75. Form 28 V Sindh High Court Rules (O.S.) 76. Contents thereof 29 77. Counter-Affidavits, etc. 29 78. Procedure in applying for interim relief 30 Receivers 79. Application for appointment of receiver to be by petition supported by affidavit 30 80. Form of order of appointment 30 81. Register of receivers 30 82. Receiver other than Official Receiver to give security 30 83. Surety may point out omission or neglect of duty cast on receiver 31 84. Notice to surety of application affecting surety’s risk 31 85. Powers of a receiver 31 86. Receiver’s remuneration 31 87. Establishment and costs thereof to be detailed in the appointment order 31 88. No charge for additional establishment allowed 32 89. Receiver to file half-yearly accounts 32 90. Account to show balance in hand and how much may be paid into Court etc., to be filed with affidavit. Form of affidavit 32 VI Sindh High Court Rules (O.S.) 91. Examining and vouching of accounts by officers 32 92. Appointment for passing accounts - Notice thereof 33 93. Objections to report to be filed 33 94. Passing of accounts by Court 33 95. Procedure as to hearing of objections 33 96. Auditing of difficult and complicated accounts 33 97. Order as to payment of balance 33 98. Consequence of receiver’s negligence to file accounts or pay the balance, etc 33 99. Consequence of default by receiver 34 100. Rule 87 applicable to manager or guardian 34 101. Interim receiver 34 Security Procedure 102. Security Summons 34 103. Production to title deeds, affidavit of justification examination 35 104. Contents of affidavit of justification 35 105. More than two sureties irregular 36 106. Property in respect of which a surety may justify 36 107. Who are not competent sureties? 36 108. Who may be present at the examination? 36 109. Reference to Court 36 VII Sindh High Court Rules (O.S.) 110. Security for costs 36 111. Custody of securities and security bonds 36 Miscellaneous 112. Urgent motions 37 113. Oral motions 37 114. Urgent matters 37 115. Only one advocate to be heard for a party 37 116. Notice of proceedings to Advocate-General 37 CHAPTER V Institution of Proceedings 117. Appearance by agent 38 118. Leave to verify 38 119. Suit against corporation or a firm 38 120. Copies to be filed of applications etc. 39 121. List of presumptive legal heirs to be filed. 39 122. Presentation of proceedings on Original Side 39 123. Examination of proceedings 40 124. Admission of plaints 40 125. Plaint liable to be rejected to be submitted to Judge hearing miscellaneous matters 40 126. Admission or rejection of execution application 40 127. Notice to the other party 41 128. Registration of proceedings admitted 41 129. Procedure for return of plaint 41 VIII Sindh High Court Rules (O.S.) 130. Ex-parte amendments 41 131. Amendments how to be made 41 132. Attestation of amendment 42 CHAPTER VI Processes 133. Time for payment of process fee and consequence of non-payment 42 134. Restoration 42 135. Fresh plaint 42 136. Parties or their advocates may file processes duly filed up 42 137. When process fee not to be levied 43 138. Full address to be given to person on whom process to be served 43 139. Process for service on persons of rank and gazetted officers 43 140. Summons for final disposal and settlement of issues 44 141. Returnable date of summons 44 142. Processes to be served or executed within Jurisdiction to be addressed to Head Bailiff 44 143. Endorsement on process for service outside jurisdiction 44 IX Sindh High Court Rules (O.S.) 144. Process to be served without identification by party 44 145. Endorsement of identifier on the original process 45 146. Procedure where defendant refuses to accept service or cannot be found 45 147. Return of service 45 148. Service by affixing to outer door 46 149. Notice where summons is affixed to outer door 46 150. Inquiry as to sufficiency of service 46 151. Fresh process not to issue until previous one returned 47 152. Acts of Additional Registrar (O.S.) to be effectual as acts of Court 47 CHAPTER VII Suits by or against Minors and Persons of Unsound Mind 153. Admission of next friend to bring a suit, Order not necessary 47 154. Next friend to file address for service 47 155. List of all likely guardians ad litem to be filed 48 156. Address for service of guardian at litem 48 157. Duty of the Officer of the Court appointed guardian ad litem 48 158. Application of Rules 154 to 158 to persons of unsound mind and to appeals and applications 48 X Sindh High Court Rules (O.S.) CHAPTER VIII Appearance by Defendant - Written Statement - Counter Claim 159. Hearing of applications 49 160. In default of appearance of defendant suit to be posted on short cause day 49 161. Procedure when defendant appears 49 162. Ordinarily one extension allowed for filing W.S. 49 163. Procedure where no written statement filed by any defendant 50 164. Procedure if written statement; not filed by some of the defendants 50 165. Service of copies of written statement and list of documents on the other side 50 166. Court may disallow set-off 51 167. Counter claim, by defendant 51 168. Counter claim 51 169. Reply to counter claim 51 170. Excluding counter claim 51 171. Proceeding with counter claim where action stayed 51 172. O. XX, R. 19 to apply to decree in such suits 52 XI Sindh High Court Rules (O.S.) CHAPTER IX Third Party Procedure 173. Third party notice 52 174. Effect of notice 52 175. Appearance of third party - default of 52 176. Procedure on default before trial 53 177. Third party directions 53 178. At trial 54 179. Costs 54 180. Fourth and subsequent parties 54 181. Defendant claiming against co-defendant 55 CHAPTER X Summary Suits 182. Written statement 55 183. On default by defendant suit to be set down forthwith 56 184. Ex-parte decree may be set aside on application 56 185.
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