CHAPTER
XXIX-A
APPEALS
TO THE SUPREME COURT
(Under
Supreme Court Rules, 1966)
(A)
Civil Appeals on the Certificate of the High Court .
1.
(i) Application for Certificate. — Whosoever
desires to appeal to he Supreme Court shall apply by petition to the Court for a
Certificate granting Leave to Appeal to the Supreme Court.
(ii)
Oral Application for Certificate may be made immediately after the pronouncement
of Judgment. — Notwithstanding
anything contained in sub-rule (i) a party desiring to appeal-to the Supreme
Court may apply orally for such a certificate immediately after the
pronouncement of the judgment by the Court and the Court may grant or refuse the
same to the party on such oral application or direct the party to file a
petition as required by sub-rule (i) :
Provided,
however, that if an oral application for Certificate for Leave to Appeal under
sub-rule (ii) is made and rejected, no written petition under sub-rule(i)shall
lie.
(iii)
Form of Petition. — Petitions
praying for a Certificate for Leave to Appeal to the Supreme Court shall be
presented in Form No. 1 of Schedule A appended to this Chapter and shall specify
in the heading the names of the actual parties to the appeal at the time of the
presentation of the petition, tracing their relation to the original parties to
the dispute, where the parties to the appeal have been placed on the record as
representatives in interest of such original parties, or explaining in what
capacity they have come on the record of the Appeal.
(iv)
Addresses of parties. — Full
particulars of addresses of the parties shall be furnished at the time of the
filing of the petition.
(v)
Accompaniments to the petition. — Every
petition shall be accompanied by two spare typed copies of the petition and of
the judgment for the use of the Court where the judgment has been pronounced by
this Court.
2.
Notice of Rule and its service. — If
the Court grants Rule upon the petition, the Registrar shall issue a notice in
Form No. II of Schedule A appended to this Chapter on payment of prescribed fee
calling upon the opposite party to show cause, within a period of time after the
service of the notice to be prescribed by the Registrar, why the certificate as
prayed for should not be granted.
3.
Registrar to investigate causes of delay if parries are not served within two
months. —
If the parties concerned are not served within two months of the date on which
the Rule is granted, the Registrar shall personally investigate the causes of
the delay and take all possible steps to expedite the service and if necessary,
submit the case to the Court for directions.
4.
Form of Certificate. —
Upon the Court making the Rule absolute the office shall issue a certificate in
Form No. Ill of Schedule A appended to this Chapter.
5.
Procedure for consolidation of appeals. —
No application for consolidation of appeals will be entertained by this Court.
The parties desiring consolidation of appeals shall be required to move the
Supreme Court for an order in that behalf under Rule 5 of Order XLVII of the
Supreme Court Rules, 1966.