Rules of the High Court of Judicature for Rajasthan, 1952

RULES OF THE HIGH COURT OF JUDICATURE FOR RAJASTHAN 1952 (AMENDED UPTO JULY 2012012222)))) Published by : Library, Rajasthan High Court, Jodhpur. Compiled by: Meenaxi Dave, Sr. Librarian Assisted by: Alok Purohit, J.J.A DeDeDeeptaDe epta Arora, J.J.A Rajasthan HiHighgh Court, Jodhpur. Compared by: Rajendra Bhandari,Librarian with Shakuntala Chhaniwal, J.A Suman VyasVyas,, J.A Preeti Gaur, Reference Assistant. RULES OF THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, 1952 VOL. 1 INDEX Page Rule No. Details of Rules No. PART I – GENERAL CHAPTER I – PRELIMINARY Rule 1 Introductory 1 Rule 2 Short title and commencement 1 Rule 3 Interpretations 1 Rule 4 Reckoning of time 3 Rule 5 Repeal 3 Rule 6 Issue of orders 4 CHAPTER II – POWERS AND DUTIES OF THE REGISTRAR Rule 7 Functions, powers and duties of the Registrar 4 Rule 8 Return of memorandum of appeal for amendment 6 Rule 9 Extension o f time 6 Rule 10 Additional powers 6 Rule 11 Exercise of powers by other officer 8 Rule 12 Exercise of Registrar's powers in his absence 8 Rule 13 Court's jurisdiction unaffected 8 CHAPTER III – ADMINISTRATIVE BUSINESS OF THE COURT Rule 14 Admini strative business relating to control over 8 subordinate courts and to superintendence over courts and tribunals Rule 15 Matters on which all Judges shall be consulted 8 Rule 16 Administrative Committee 9 Rule 17 Matters on which the Administrative Comm ittee shall be 9 consulted Rule 17A ...................... Rule inserted then deleted 9 Rule 18 Consultation how made 10 Rule 19 Decision in case of difference of opinion 10 Rule 20 Administrative business to be disposed of by the Chief 10 Justice Ru le 21 Appointment of Administrative Judge and allocation of 10 work Rule 22 Work to be submitted to the Administrative Judge 10 Rule 23 Judges to consider speedily papers circulated to them 10 Rule 24 Procedure for circulation 11 Rule 25 Effect of a Ju dge not expressing his opinion within three 11 days on urgent paper Rule 26 Papers to be submitted to the Chief Justice after 11 circulation (i) Rule 27 Chief Justice may call a meeting of the Judges or the 11 Administrative Committee Rule 28 Notice of meeting to Judges 11 Rule 29 Quorum 11 Rule 30 Proceeding to be recorded 12 Rule 31 Custody of Minute books 12 Rule 32 Effect of any irregularity in or omission to follow the 12 procedure laid down in this Chapter CHAPTER IV – AFFIDAVIT AND OATH COMMISSIONERS Rule 33 Appointment of Oath Commissioners 12 Rule 34 Fees 12 Rule 35 Registers 13 Rule 36 Affidavit to bear serial number 13 Rule 37 Duty of Oath Commissioner 13 Rule 38 Distribution of Fees 13 Rule 39 Removal of oath Commissioners 13 Rule 40 Affidavit filed or presented in Court 13 Rule 41 Full particulars of persons and places to be given 13 Rule 42 Persons who may make affidavits 14 Rule 43 Form of affidavit 14 Rule 44 Facts to be within the deponent's knowledge or source to 14 be stated Rule 45 Identification of deponent 14 FORM OF DECLARATION GROUNDS Rule 46 Affidavit by Pardanashin woman 15 Rule 47 Contents to be explained to deponent 15 Rule 48 Impounding of affidavit 15 Rule 49 Oath or affirmation by deponent 15 Ru le 50 Corrections in affidavit 15 Rule 51 Certificate of verification 16 Rule 52 Affidavit containing numerous corrections may not be 16 accepted Rule 53 Interpretation 16 CHAPTER V – JURISDICTION OF JUDGES SITTING ALONE OR IN DIVISION COURTS Rule 54 Constitution of Benches 16 Rule 55 Jurisdiction of a single Judge 16 Rule 56 Cases to be heard by three Judges 18 Rule 57 Proceedings under the Legal Practitioners' Act 1879 18 Rule 58 Cases withdrawn un der Article 228 of Constitution 18 Rule 59 Reference of a case to a larger Bench 19 Rule 60 Contempt in facie curiae 19 Rule 61 Cases to be heard by two Judges 19 (ii) Rule 61 -A Opinion when equally divided 19 Rule 62 Senior Judge 19 Rule 63 Vacati on Judges 19 Rule 64 Application for review 20 Rule 65 Subsequent application on the same subject to be heard 20 by the same Bench Rule 66 Tied up cases 20 Rule 67 Application in a tied up case 21 Rule 68 Certain applications to be laid before the Chi ef Justice for 21 orders BUSINESS IN CHAMBERS Rule 68 -A & ................................................... ............... 21 68-B CHAPTER VI – HEARING AND ADJOURNMENT OF CASES Rule 69 Order Sheet 21 Rule 70 Order -Sheet to be in chronol ogical order 22 Rule 71 Maintenance of Order -Sheet 22 Rule 72 List of Ready Cases 22 Rule 73 Daily Cause List 22 Rule 73 -A Cases of Public Importance, Disposal thereof 22 Rule 74 Part -heard cases 23 Rule 75 Cases in which a date is fixed 23 Rule 76 Case may be disposed of on date fixed if notices served 23 Rule 76 -A Holiday 23 Rule 77 Cases to be called on in their order in Day's List 23 Rule 78 Adjournment on party's application 23 Rule 79 Court may order a case to stand out of its place or be 24 adjourned on application Rule 80 No right to have a case put out of its place in Day's List 24 owing to Advocate's engagement elsewhere Rule 81 Application that a case be not listed on any particular day 24 or days Rule 82 Advocate's application for p ostponement of his cases 25 Rule 83 Alteration of date when fixed by a Judge 25 Rule 84 Inspection of record of a case on the Day's List 25 Rule 84 -A Ascertainment of time for arguments from the counsel of 25 Parties CHAPTER VII – JUDGMENT AND DECREE Rule 85 Pronouncing of judgment 25 Rule 86 Judgment or order to be recorded 26 Rule 87 Transcript of judgment or order prepared by a judgment 26 writer Rule 88 Judgment or order to be sealed with the seal of the Court 26 Rule 89 Personal Assista nts to Judges 26 Rule 90 Preparation of decree or formal orders 27 Rule 91 Taxation of costs 27 Rule 92 Contents of decree or formal order 27 (iii) Rule 93 Notice of decree or formal order for objection 27 Rule 94 Procedure on objection 27 Rule 95 Decree or formal order to be signed and sealed 28 CHAPTER VIII – MISCELLANEOUS PROVISIONS SECTION A – SEAL OF THE COURT Rule 96 Seal of the Court 28 SECTION B – CIVIL JURISDICTION OF THE COURT Rule 97 Application for declaration that the case is a fit one for 28 appeal in the case of a judgment by one Judge SECTION C – SERVICE OF NOTICE Rule 98 Service of notice by post or publication 28 Rule 99 Presumption of service in case of a notice sent by 28 registered post SECTION D – FORMS OF OATHS Ru le 100 Forms of oaths and affirmation 29 SECTION E – RECORD OF EVIDENCE Rule 101 Recording of evidence 29 Rule 102 Evidence recorded by another Judge 30 SECTION F – ISSUE OF COMMISSION Rule 103 Deposit of expenses of commission 30 SECTION G – FURNISHING OF SECURITY Rule 104 Form of Security 30 Rule 105 Determination of sufficiency of Govt. Securities or P.O. 30 National Saving Certificates Rule 106 Endorsement in case of Government securities 30 Rule 107 Procedure when Post Office National Saving Certificates 30 are given as security Rule 108 Fixed deposit receipt to be in Registrar's name 31 Rule 109 Particulars of security to be stated in a memorandum 31 Rule 110 Security of immovable property 31 SECTION H – SUMMARY DETERMINATION OF APPEAL Rule 111 Application for summary determination of a First Appeal 32 SECTION I – CIVIL REVISIONS AND APPEALS FROM APPELLATE ORDERS Rule 112 Civil revisions and appeals from Appellate orders 32 Rule 113 Connecting cases 32 SECTION J – PAPER BOOK Rule 114 Exclusion of papers from the paper book by order of the 33 Chief Justice (iv) Rule 115 Inclusion of papers in the paper book by order of the 33 Bench Rule 116 Inclusion of a transliteration or translation instead of a 33 copy in the paper book Rule 11 7 Information on application 33 Rule 118 Information on application by a party 34 SECTION K – APPROVED LAW JOURNALS Rule 119 Supply of copies of judgments to approved Law Journals 34 SECTION L – MISCELLANEOUS Rule 120 Examination of record 35 Rule 1 21 Receipt of papers filed 36 Rule 122 Transliteration or translation of documents filed in Court 36 Rule 123(1) Inconsistency of any Rule in Parts III, IV, V or VII with 37 any other Rule Rule 123(2) Application of certain Rules in Part II to Parts III to V & 37 VII Rule 124 Forms 37 PART II – CIVIL JURISDICTION CHAPTER IX – APPEALS AND APPLICATIONS Rule 125 General heading of memorandum of appeal or 37 application Rule 126 General heading of application in a pending case 37 Rule 12 7 Application to be in writing 38 Rule 128 Full description of parties 38 Rule 129 Application to be divided into paragraphs 38 Rule 130 Watermarked paper to be used 38 Rule 131 Contents of memorandum of appeal or application for 38 review or revision Rule 132 Documents to accompany memorandum of appeal or 39 revision application Rule 133 Certain grounds in memorandum of appeal to be certified 39 Rule 134(i) Appeal to the High Court from Judgment of Judges of the 40 Court Rule 134(ii) Special Appeal 40 Rule 135 Memorandum of appeal or objection or application to be 40 accompanied by copies thereof Rule 136 Affidavits to accompany certain applications 41 Rule 137 Affidavit in reply 41 Rule 138 Affidavit in review application 42 Rule 139 Affidavit in an application for stay 42 Rule 140 Advocate's Certificate as to sufficiency of court -fee 42 Rule 141 Affidavit in application for re -admission or the setting 42 aside of an ex-parte decree Rule 142 Affidavit in application or substitution 42 Rule 143 Affidavit in application, for appointment of guardian or 43 next friend Rule 144 Prayer for an order of inter -interlocutory nature 43 (v) Rule 145 Defective application or memorandum of appeal or 43 objection may not be received Rule 145(A) ......

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