Allahabad High Court Rules

1 ALLAHABAD HIGH COURT RULES (RULES OF THE COURT, 1952) PART I-GENERAL-CHAPTERS I TO VIII CHAPTER I PRELIMINARY 1. Introductory :- These Rules are made by the High Court of Judicature at Allahabad in exercise of the powers conferred by Article 225 of the constitution of India and all other powers enabling it in that behalf. 2. Short title and commencement :- These Rules may be cited as Rules of Court, 1952 and shall come into force on the fifteenth day of September, 1952. They shall apply to proceedings and matters in the High Court commenced on, or subsequent to, that date and, so far as may be, also to proceedings and matters pending on that date. 3. Interpretation :- (1) In these Rules unless the context otherwise requires- "Bench" includes a Judge sitting alone; "Certified" in relation to a copy means certified as provided in Section 76 of the Indian Evidence Act, 1872; "Chief Justice" includes, in the absence, the Judge authorised to act on his behalf; "Code" means the Code of Civil Procedure, 1908, and reference to an "Order" of the Code means reference to an Order of the first Schedule thereto; "Constitution" means the Constitution of India; "Court" and "this Court" means the High Court of Judicature at Allahabad as constituted by the U.P. High Courts (Amalgamation) Order, 1948; "Editor" means a person appointed by the Chief Justice for scrutinizing applications for translation and printing and for performing such other duties as are assigned to him under these Rules; "Judge" means a Judge of the Court; "Judgment Clerk" means an officer of the Court appointed to take down notes of judgments or orders pronounced by the Court and includes any person who may, for the time being, be authorised or directed by the court to take down a judgment or order pronounced by it; "Notice" includes "summons"; "Oath Commissioner" means a person appointed by the High Court under Clause (b) of Section 139 of the Code of Civil Procedure, 1908 and sub-section (1) of Section 297 of the Code of Criminal Procedure, 1973, before whom affidavits and affirmations may be sworn and affirmed; 2 "Paper-book" means a collection of papers in original or their copies, transliterations or translations, as the case may be, with fly-leaf, index, etc., made up in accordance with these Rules for the use of the Judge or Judges hearing the case; "Prescribed" means prescribed by or under these Rules; "Registered address" means the last address within the local units of the territorial jurisdiction of the Court filed by a party to a case in the Court or in the lower Courts at which service of notice, summons or other process may be made on him; "Registrar General" includes- I. the Registrar at Lucknow, in matters relating to the Lucknow Bench; II. the Registrar the Joint Registrar or any other officer, with respect to such functions and duties of the Registrar General as may have been assigned to the Registrar, the Joint Registrar or such officer by the Chief Justice; and III. in the absence of the Registrar General, the Registrar, the Joint Registrar or any other officer authorised to act on his behalf ; "Sealed" means sealed with the seal of the Court; "Special Appeal" means an appeal from the Judgment of one Judge; "State" means the State of Uttar Pradesh; "Supreme Court Rules" means the Supreme Court Rules, 1966; "Taxing Officer" means an officer appointed by the Chief Justice to perform the functions of the taxing officer under the Court Fees Act, 1870, and to tax costs; "Vacation Judge" means the senior-most Judge on duty during the vacation at Allahabad or Lucknow, as the case may be; "Vakalatnama" means a document referred to in Rule 4 of Order III of the Code appointing an Advocate to act for any person in this Court. (2) The General Clauses Act, 1897, shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament and in matters not covered by that Act, by the U.P. General Clauses Act, 1904, as it applies for the interpretation of an Act of the State of Uttar Pradesh. 4. Reckoning of time :- Where any particular number of days is prescribed by these rules, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day shall happen to fall on a day on which the offices of the court are closed, in which case the time shall be reckoned exclusively of that day also and of any succeeding 3 day or days on which the offices of the court continue to be closed. 5. Repeal :- The existing Rules of Court and the Rules of the Chief Court of Avadh at Lucknow and all other existing rules and orders dealing with matters covered by these Rules are hereby repealed : Provided that nothing in this Rule shall affect anything done or to be done under such repealed rules or orders or under any decree or order made in accordance with them prior to the date of commencement of these Rules. 6. Issue of orders :- Every Judicial order, civil or criminal, issued from the office of the Court shall be in writing. No such order shall issue by telegram or telephone. 7. Date :- (i) Every application, petition objection or memorandum of appeal, presented in Court, shall be signed on every page by the applicant, the petitioner, the objector or the appellant, as the case may be, or by an advocate appearing on his behalf and shall be dated. (ii) Every affidavit, presented in court, shall be signed on every page by the deponent and shall be dated. (iii) All the annexures filed by the petitioner, applicant or appellant, along with the petition, application, affidavit, supplementary affidavit or rejoinder affidavit, shall be consecutively numbered as 1, 2, 3 and so on, and all the annexures filed by the respondent or opposite party along with the counter-affidavits, supplementary counter-affidavits or application shall be so consecutively numbered in case of their being filed by first respondent or opposite party as 'A-1', 'A-2', 'A-3', etc., and in case of their being filed by second respondent or opposite party as 'B-1', 'B-2'. 'B-3' and so on. CHAPTER II POWERS AND DUTIES OF THE REGISTRAR GENERAL 1. Function, powers and duties of Registrar General:- In addition to other functions, powers and duties of the Registrar General under these Rules or other law, the following shall be his functions, powers and duties in relation to judicial proceedings, namely- (i) to dispose of all matters relating to the service of notices and other processes including the signing and issuing of warrants and notices issued under the orders of the Court; (ii) to allow the removal of formal defects in any memorandum of appeal or objection, petition or application; (iii) to admit, issue necessary orders in, and dispose of uncontested applications made- under Order XXII of the Code-- (a) to bring or to dispense with in accordance with Order XXII, Rule 4 (4), C.P.C. the bringing on record the legal representatives of the deceased parties provided that no question of abatement or limitation arises; or 4 (b) to record the assignment, creation or devolution of any interest during the pendency of a case, or Under Order XXXII of the Code-- for appointment or removal of a next friend or guardian adl- item, including fixation of fees and expenses of the next friend or guardian; (iv-) to deal with a motion for the admission of an application for leave to appeal to the Supreme Court in all cases in which an order for issue of notice may be made as a matter of course; (iv-a) to receive Special Appeals (a) in the case of a Special Appeal in which a declaration has been granted under Rule 6 of Chapter VIII of these Rules; and (1) the appeal is presented within sixty days of judgment and is otherwise in order, to admit it and direct that notice be issued; and (2) where such appeal is presented after the said period of sixty days and is accompanied by the papers mentioned in Rule 10 of Chapter IX and is otherwise in order, to adjourn it to Court; (b) in the case of other Special Appeals, to lay such appeals before the Court for orders within one week of the date of presentation;] (v) to receive plaint, an application in the nature of caveat, issue notice or fix date for the filing of written statement in a proceeding under the original, ordinary or extraordinary jurisdiction of the Court, with liberty to adjourn any matter to the judge in Chambers; (vi) to deal with all matters relating to the payment of expenses and allowances to jurors and witnesses; (vii) to direct that a security bond furnished under the provisions of Rule 10 of Order XLI of the Code be sent to the Court below for verification and report; (viii) to sent decrees and orders passed by the Court in the exercise of its original, ordinary or extraordinary jurisdiction to other courts for execution; (ix) under the Indian Succession Act, 1925-- (a) to receive an inventory of the property, credits and debits of the deceased to which the executor or administrator is entitled, or an account of the estate showing the assets and the application or disposal thereof; 5 (b) to require an executor or administrator to exhibit an inventory or account under Section 317; (c) to grant extension of time for filing an inventory or account; (d) to place on record an inventory or account; or (e) to send a copy of an inventory or account filed before him to the Board of Revenue; or (f) to issue necessary notices in connection with matters mentioned in Clauses (a) and (b) with liberty to adjourn any matter to the Bench concerned; (x) to verify a compromise or to record the statement on oath

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