In exercise of the power conferred by Art.
225 of the Constitution of India, Part X of the Code of Civil Procedure 1908 (5
of 1908) and all other enabling powers, the High Court of Gujarat hereby makes
the following Rules, with regard to the Case Flow Management in the High Court
of Gujarat; These Rules may be called the Gujarat High
Court Case Flow Management Rules, 2016. These Rules shall come into force from the
date of their publication in the Official Gazette. I. Division of Cases
into different Tracks (1)
The
Court shall, while 'Issuing Notice before Admission' or at the stage of
'Admission', categories the Writ Petitions, other than the petition for Writ of
Habeas Corpus, into three Categories, depending on the 'Urgency' with which the
matter should be dealt with: 'Fast Track', 'Normal Track' and 'Slow Track'. The
broad classification, as per the subject matter of Writ Petition, Appeal, Original
Jurisdiction matters. Applications, etc. as per Schedule to these Rules. (2)
All
efforts shall be made to dispose of the Petitions in Fast Track in 6 months;
Normal Track in 12 months (One Year) and Petitions in the Slow Track, subject
to the pendency of other cases in the Court, ordinarily in 24 months, from the
date the "Reply Affidavit" by Respondent OR a Rejoinder by the
petitioner (if permitted by the Court on request made on valid ground), is
filed. The Court may, for appropriate and justifiable reasons recorded in the
order, extend the time-limit. (3)
The
Cases wherein 'an ad-interim' or 'Interim order' of 'Stay' or 'Injunction' is
granted in respect of liability to pay tax, duty, royalty etc. or against
action of demolition or-eviction from Public Premises etc,. & all matters
involving Tenders' shall invariably be put in the Fast Track. (a)
The
time limit for deciding the cases shall, in respect of all types of cases,
commence from the date when the reply affidavit is filed and the case is listed
by the Registry, on completion of pleadings in all respects, for hearing in
appropriate cause list i.e. list of matters for 'Final Hearing', which,
however, shall not be, as far as possible, beyond 1 week after completion of
pleadings. If a rejoinder is permitted by the Court, the time limit shall be
reckoned from the last date for filing of such 'Rejoinder' for which,
ordinarily more than 10 days may not be granted. (b)
In
cases where order granting ex-prate stay/injunction order is passed, the
further order after bi-prate hearing shall, ordinarily, be passed within four
weeks from the last date for filing reply, otherwise reasons shall be recorded.
The provisions and time limit prescribed Under Art. 226(3), of the Constitution
of India shall apply. (4)
A
Senior Officer of the High Court, nominated for the purpose shall, at interval
of 3 weeks, monitor the stage, with reference to the respective category to
which the matters are allocated, of each case likely to come up for hearing
before each Bench (Division Bench or Single Judge) during the following month
and/or oh the Change of Roster and the details/data shall be placed before the
concerned Judge. (5)
The
data so prepared will be fed into the computer in such a manner that the data
shall be available to the concerned Judge so as to instantly ascertain at any
time the position and stage of every case of the subject assigned to the Judge
as per the Roster. When the roster is changed, a complete list of all matters
pending at the stage of 'admission' & 'final hearing' shall be placed
before the concerned Judge, in Chamber, to enable the assessment for regulating
the daily admission & final hearing list. (6)
The
Court may shift the case from One Track to another, depending upon the
complexity urgency and other circumstances of the case. (7)
Whenever
the 'Roster' changes, the Judge concerned who is dealing with final hearing
matters shall be supplied, by the Registrar (Judicial) a detailed statement of
all cases according to the Roster assigned and such data shall also show the
Track in which the cases are placed and the 'Stage' at which the cases are
pending on the date of change in 'Roster' so as to enable the Judge to keep
abreast about the 'Stage' of the cases in various Tracks listed before him
during every up-front week for the next 30 days. The 'Statement', shall contain
details of all cases pending at 'admission' stage and 'final hearing' stage as
per the Roster, arranged Year-wise seriatim, as also showing Subject-wise
division (as per the roster for the concerned Court). The statement shall also
reflect the details of the stage of pleadings (particularly of the matters
pending at admission stage) and the details of any injunction order's. (8)
In
all Petitions, First Appeals, Second Appeals, O.J. Appeals, Original Side
Applications or Suits and all other Proceedings including all Civil and
Miscellaneous Applications and Contempt Petitions, the
petitioner-appellant/applicant, as the case may be, shall cause to file, a
separate list, annexed to the Memo of the Application/Petition the list of the
heirs/Legal Representatives of all petitioners/appellants/applicants and the
Memo of Petition, Appeal, Application. Suit etc. shall further clearly declare
that the address mentioned in the Cause-Title of the Memo is correct, complete
and the latest address of all parties arrayed therein. (9)
In
all proceedings including A.O., First Appeals, Second Appeals, Civil Revision
Application, Letters Patent Appeals, Misc. Applications OJ. Appeals, the entire
set of Paper-Book (complete pleading and all annexure/documents and exhibits on
record) shall be filed along with the Memo and the copies for the opposite side
shall also contain the entire set of Paper Book so that adjournments and delay
caused in calling for Record and Proceedings from Trial/lower Courts, can be
avoided. (1)
Civil
appeals and other matters in the High Court shall also be divided into
different Tracks on the line indicated above and the said clauses shall apply,
mutatis mutandis, to the Civil appeals filed in the High Court. (2)
Subject-wise
division of the appeals and Revision Applications, shall also be made for
allocation into different Tracks, considering the complexity & nature of
the issues required to be resolved in each such matter. II. Writ of Habeas
Corpus When in a Writ of Habeas Corpus the person is
alleged to be in custody under orders of the State Government or Central
Government, the matter shall be listed for substantive hearing, within 48 hours
from the date of filing of Petition. The said time shall also be applicable in
other petitions seeking writ of Habeas Corpus. The time for returning the
Notice-Process issued by the Court shall not be more than 72 hours, except in
cases where, for appropriate reasons, more time is justified. State Government or Central Government may
file a brief return along with relevant documents to answer the allegations or
to justify the detention, if the person is under detention. The matter shall be listed again on the
fourth working day after issuance of "Notice/Rule", and the Court
shall consider whether a more detailed return to the writ is necessary. All efforts shall be made to dispose of a
Writ of Habeas Corpus within a period of 3 weeks and it shall have preference
over all other Fast Track Cases. III. Mode of Advance
Service When interim orders are sought against
Government or Public-Sector Undertakings, who have Standing Counsel, duly
notified as representing them, an Advance Notice of 48 hours (Where the Seat of
the Competent Officer is in Ahmedabad or Gandhinagar) and 72 hours in other
cases, shall be given to such Counsel by hand delivery, together with copies of
all documents annexed to the copy of the petition, submitted in the Registry.
So as to ensure that an advance copy of the Petition/Appeal/Application wherein
injunction order is requested for, is duly served, while such
Petition/Appeal/Application is presented for circulation and urgent hearing,
the Public Sector Undertaking-Corporations, local bodies-authorities shall
file, with the Registrar (Judicial) the list containing details of the names
and addresses of their respective advocates. The Registrar (Judicial) shall
cause publication of all such lists on the Notice Boards at all such places
which may be considered appropriate. IV. First Appeals to
the High Court The Appeal Memo, in all cases, shall have to
be filed along with all documents, replies, etc. which formed the record before
the Trial Court or the learned Single Judge (in case of intra-Court appeal) as
the case may be, without which the appeal may not be duly registered. If memorandum of appeal is presented as per
amended Rule 9(1) of Order 41 of Code before the Court from whose decree, the
appeal is preferred, advance Copy/notice in addition to the process for normal
service as per the Code, shall simultaneously be given by the counsel for the
party who files the Appeal, in accordance with the said provision read with the
provision under Sec. 148(A). Such advance service of the appeal and/or the
application (where appeal is already pending) shall be effected atleast 24
hours in advance. The copy so served shall be complete in all respect and with
all annexure (i.e. not the memo alone). This provision shall be equally applicable to
all intra-Court Appeals as well. In the event the Advance copy is refused by
the other side, an Affidavit stating the fact, shall be filed. (1)
Without
prejudice to any provisions contained in the Gujarat High Court Rules, 1993
relating to printing, typing and preparation of Paper Books, after the service
of notice is effected, Counsel for both sides may also agree on the list of
documents and evidence and the Paper Book shall be made ready, duly printed or
typed by the parties within the time limit fixed by the nominated
officer/Registrar, in accordance with the High Court Rule but having regard to
the relevant Track to which the appeal is assigned. (2)
The
Registry shall ensure that the Paper-Books, as per the Record and Proceedings,
are ready within the time prescribed for the relevant Track pertaining to the
Appeal and in any case 1 week before the appeal is required to be taken up for
arguments. (3)
A
Default list shall be displayed containing, details of the matter where
Paper-Book are not made ready within prescribed time. The matters listed in
such Default list, shall be entered into Regular list, only after objection are
removed and costs, as per Court's Order, if any, is paid. The cases of default
shall be dealt with as per High Court Rules. (1)
Both,
the petitioners/appellants and the respondents, shall submit in advance their
respective concise written submissions, mentioning the details, the relevant
page numbers (as per the Court's record). The provisions regarding written
submissions, applicable to Suits, shall also apply to the Petitions and
Appeals/LPAs. (2)
The
Cause List shall indicate whether Written Submissions have been filed or not.
If the submissions are not filed, the Registrar (Judicial) shall direct that
the same to be filed within such time as the Registrar (Judicial) may deem
proper, in view of the time limit applicable and available as per the relevant
Track, to which the case is assigned. (3)
After
the Written Submissions are filed, (with due 'Service' of copy to the other
side), the matter shall be listed before the Registrar (Judicial), for the
parties to indicate the time likely to be taken for arguments in the Appeal.
Accordingly, the hearing of the matter shall be listed before the Judge, after
getting confirmation from the Judge, on any clear date when the requisite
extent of time may be available. (4)
The
Court may direct the Registry to notify a Caution List, to meet with the
eventualities when the listed case's gets adjourned due to unavoidable reasons.
In such eventuality the cases notified on such Caution List of the Court, shall
be taken up for hearing in seriatim. (1)
At
the first hearing of a First Appeal or any other case, when both parties are
present/are represented by their respective Advocates/Counsels, the Court may
explore the possibility of a settlement. For the said purpose, with the consent
of the parties/learned advocates, 21 days' time can be spared, which shall be
outside the time limit prescribed for the case as per the Track in which the
case is categorized. Furthermore, at any stage of the proceedings with the
consent of the parties, the Court may entrust the case for mediation, to
Mediator(s), mutually agreed upon. (2)
If
necessary, the process contemplated by Sec. 89 of CPC may be resorted to by the
Appellate Courts, so that the hearing of the Appeal is not unnecessarily delayed. (3)
The
Court shall before referring a case for Mediation, fix a date for a Report by
the Mediator (s) preferably within two months from the date of first sitting of
such reference. V. Appeals to
Division Bench (1)
In
case of Appeals from Orders/Judgment' of the Single Judge, Advance notice of
the appeal shall be invariably given to the opposite side or its counsel (who
appeared before the Single Judge), along with the complete set of Appeal
alongwith entire Paper-Book containing all documents. Reply Affidavits, etc. on
the record of the case, before the Single Judge. If the Judgments of other High
Courts or of Supreme Court or of some foreign countries are to be relied on, a
complete list thereof shall be supplied to the Court in advance. Any
reply/rejoinder to other sides' Written Submissions shall not be permissible. (2)
If
all parties appear at the first hearing, it shall not be necessary to serve the
Notice/Process of Rule to the opposite party (who appear at first hearing), by
normal process, and the Court may at its discretion record the action to be
taken, by the parties, by the next date of hearing. (3)
After
the Appeal against interlocutory order is listed for hearing, all steps shall
be taken to decide the Appeal against interlocutory orders within period of 30
days. The practice, procedure and requirements with
regard to and applicable to First Appeals shall mutatis mutandis apply in
respect of Letters Patent Appeals and Original Side Appeals. VI. Second Appeals At the stage of Admission hearing, in
addition to the questions of law, a brief 'Synopsis' and Written Submissions as
regards each of the propositions, shall also be filed. The Notice shall invariably contain an
intimation to the Respondents to file their Written Submissions not later than
10 days from the service of the Notice. VII. Civil Revisions The practice and direction in regard to the
Letters Patent Appeals and First Appeals to the High Court shall mutatis
mutandis apply in respect of Revision Applications-Petitions. Except for
unavoidable circumstances and for reasons to be recorded, endeavor should be
made to decide the CRA, wherein stay order is passed, within 5 weeks and in
other cases within the time prescribed under the relevant Track. The applicant,
while filing CRA, shall supply sufficient copies of the entire Paper Book and
record for all defendants and an Advance notice to the opponent or to the
counsel who appeared in the Trial Court, shall also be given by the applicant
with a copy of the Memo of CRA and entire record, to avoid adjournments. VIII. Criminal
Appeals (1)
The
Registry shall classify Criminal Appeals related to cases of:-- (a)
Capital
punishment, Rape, Sexual offences, Dowry-death, in Track-I (b)
Other
cases where the accused is not granted bail and is in Jail, in Track-II; (c)
Cases
which affect large number of persons such as the Cases of Mass-cheating, Economic
offences, liquor tragedy. Food adulteration cases, offences of sensitive Nature
etc. in Track-III; (d)
Cases
tried by special courts such as POTA, TADA, NDPS, Prevention of Corruption,
etc. in Track-IV; (e)
Other
matters like cases where bail is granted or acquittal matters, into Track-V. (2)
All
endeavor shall be made to dispose. Track I Cases in Six (6) Months; Track II
cases in Nine (9) Months; Track III cases in Twelve (12) Months, and Track IV
and V cases in 15 months. Whenever an Appeal is filed by a person in
Jail, and also when Appeals are filed by the State, the Court may, order in
consultation with the Counsel for the State that the complete Paper-Books
including evidence, shall be filed by the State within Three Weeks, after
"Notice" is issued to the other side. In Appeals against acquittals, the Court may
appoint State Legal Aid Counsel, in respect of the accused who do not have a
lawyer of their own, or may direct that the steps shall be undertaken by the
Registry or State Legal Services Authority as the case may be, immediately
after completion of three weeks of service of Notice if the accused has not
appointed a counsel. IX. Note Whenever there is any inconsistency between
these Rules and the provisions of either the Code of Civil Procedure, 1908 or
the Code of Criminal Procedure, 1973 or Civil Manual and Criminal Manual or any
Special Act or any Other Statute, and the Rules framed there under, the
provisions of the Civil Procedure Code or Criminal Procedure Code or such other
Statutes, as may be relevant and applicable, shall prevail. GUJARAT
HIGH COURT CASE FLOW MANAGEMENT RULES, 2016
PREAMBLE