124.
125.
( I) writtei1 in English/Hindi:
(2) neatly typed on thick green paper of foolscap size,with a margin of two inches. oniy otie side of the paper being used:
(3) signed and dated by the petitfoner or by his counsel, or if the petitioner is illiterate bea'ring the petitioner's thumb mark and attested by one literate person; -~
(4) signed by the typist who shall state his capacity;
(5) ' · presented in the filing section by the petitioner or his recognized agent or his co~nsel.
_ In the cause title of every civil and criminal case, the name of the rnstrict from.where the matter has arisen shall be mentioned in capital letters/ bold/u~derline.
(2) Where at any time between the conclusion of hearing and the pronouncing of the judgments or after the judgment but before the filing of the appeal, any party to the proceeding in the court below dies.
the.appeal may be filed by or against the legal representatives, as the case may be, of the decease_d party:
,
Provided that the appeal is accompanied by a separate application, duly supported by an affidavit, praying for bringing on record such person as the legal representative of the deceased party and setting out the facts showin.g him to be the proper person to be entered on the record as such legal.
representative.
The Registrar, after satisfying himself that the appeal is.in order, shall endorse the date of presenta tion on the Memorandum of appeal and' register the same as an appeal in the Court.
126. The following Presentations shall be accompanied by an affidavit made by the petitioner or his dul);
authorized agent:-. · ( 1) . For review made upon the ground of the discovery of new and important matte·r or evidence:
(2)
(3) ·.
(4) . (5) For stay of execution;
For vacating an order staying execution;
For security under Order XU, Rules 6 and 10 of the Code of Civil Procedure;
For re-admission or restoration of an appeal or application dismissed for default of appearance or for non-payment of process fee or paper-book costs:
( 6) For action for contempt of Court;
~- - 756 (38) ..
(7) For substitution of parties;
(8) For the appointment or discharge of guardians ad - I item or next friends;
(9) · For transfer of any civil or criminal case;
(J°o) For action under Section 87 of the Code of Criminal Procedure.
Provided that the Court may direct a party to file an affidavit in any other matter.
127. On receipt of the document, the Officer In-charge of the filing counter shall endorse on the document the dale and time of receipt and enter the particulars of the said document in the computer system-as wel I as the register of daily filing and cause it to be sentto the department concerned for examination. If, on scrutiny the ct·ocu inent is found in order, it·shall be dl!IY registered ~nd given a serial number of registration. It shall also be entered in the Computer as a'Data. The Chief Justice may issue instructions from time to time, with regard to th'e procedure for filing, especially having regard to computerization requirements and once issued, those
128.
129.
130.
131.
· instructions shall be applicable and enforceable as being part of this Chapter.
• # • • (I) '
(2) ,, ., Where a document is found to be defective, it shall, after nqtice to the party tiling the same, be placed before the Registrar (Judicial).
The Registrar (Judicial) may, by an order in writing, decline to receive-the document if, in his opinion, the mandatory requirements of the rules are not satisfied. Where, however. the defect noticed is formal and/or curable, the Registrar (Judicial) may allow the party to rectify the same in his presence, but in other cases he may requi~e the party to obtain an order from the Court permitting the party to rectify the same and for this purpose may allow such time as m·ay be necessary but not · exceeding twenty eight day