HIGH COURT OF
UTTARAKHAND RULES, 2020
PREAMBLE
In exercise of the powers conferred by Article 225
of the Constitution of India and all the other powers enabling in that behalf,
the High Court of Uttarakhand hereby
makes the following rules for the purpose of case filing, their processing,
listing and matters connected thereto.
PART I PRELIMINARY
Rule - 1. Short title and commencement.
(1) These rules shall be called
"High Court of Uttarakhand Rules,
2020".
(2) These rules shall apply to all
matters including petitions, memorandum of appeals, applications, affidavits,
annexures, vakalatnama or any other material filed before the Court.
(3) They shall come into force from
date of their Notification.
Rule - 2. Interpretation.
In these rules, unless the context otherwise
requires
(a) 'Advocate' means an advocate and
includes a party-in-person.
(b) 'Chief Justice' means the Chief
Justice of the Court.
(c) 'Court' means the High Court of
Uttarakhand.
(d) 'Defect' means a report of the
Registry that a matter including a petition, memorandum of appeal, application,
affidavit, annexure, vakalatnama or any other material filed in the Court does
not conform to any law, rule, order or instructions applicable to their filing.
(e) 'Defective matter' means a matter
in which defect has been reported by the Registry.
(f) 'Fresh case' means a fresh
petition, memorandum of appeal, application, etc. to which a new case
registration number with the CNR number is allotted.
(g) 'Judge' means a Judge of the
Court.
(h) 'Pending case' for the purpose of
these rules means any case which already has a case registration number and
includes a matter already disposed of by the Court.
(i) 'Registrar (Judicial)' includes
such other officer of the Court, as may be deputed for the purpose of these
rules by the Chief Justice.
(j) 'Registry' means Registry of the
Court.
(k) 'Rules' mean the High Court of
Uttarakhand
Rules, 2020.
(l) 'Schedule' means the schedule to
these rules.
PART II
PAPER SIZE, FONT TYPE AND FONT SIZE, ETC.
Rule - 3. Previsions to apply in all cases.
The provisions of this part shall apply to all
matters relating to filing of all cases, whether they are fresh or pending.
Rule - 4. Paper size and thickness.
All cases including petitions, memorandum of
appeals, applications, affidavits, annexures, vakalatnama or any other material
shall be filed in A-4 size 80 GSM transparent paper.
Rule - 5. Use of both sides of paper.
All cases including petitions, memorandum of
appeals, applications, affidavits, annexures, vakalatnama or any other material
shall be type written on both sides of the paper with following side margins
(A) Top margin two centimetre.
(B) Bottom margin two centimetre.
(C) Left margin four centimetre.
(D) Right margin four centimetre.
Rule - 6. Font type and size.
All cases including petitions, memorandum of
appeals, applications, affidavits, vakalatnama many other material shall be
type written in New Times Roman font with font size 16 with 1.5 line spacing.
For the headings, font size shall be 18 in the Times New Roman Font.
Rule - 7.
The provisions of Rule 6 above shall also apply to
type written copies of the annexures, etc.
Rule - 8.
All petitions, memorandum of appeals, applications
or any other material, shall be signed at the foot of every page by the
petitioner, appellant, applicant, as the case may be, or by the advocate
appearing on his behalf.
Rule - 9.
Every affidavit presented in the Court shall be
signed on every page by the deponent and shall be dated.
Rule - 10.
All the annexures filed by the petitioner,
appellant, applicant, as the case may be, along with the petition, memorandum
of appeal, application, affidavit, supplementary affidavit, rejoinder
affidavit, etc., shall be consecutively numbered as 1, 2, 3 and so on.
Rule - 11.
All the annexures filed by the respondent or
opposite party along with counter-affidavit, supplementary counter-affidavit or
application, etc. shall be so consecutively numbered in case of their being
filed by the first respondent or opposite party as A-1, A-2, A-3 and so on, and
in case of their being filed by the second respondent or opposite party as B-1,
B-2, B-3 and so on.
PART III
FILING IN FRESH CASES
Rule - 12.
All fresh cases shall be accompanied with a duly
filled up Presentation Form, format of which is prescribed in the schedule as
'Format 1'.
Rule - 13.
The Presentation Form shall be the first and cover
page of all papers presented for fresh case filing.
Rule - 14.
Presentation Form shall be filled up by advocates
preferably by type writing. They shall put their signatures at the place
earmarked for that purpose in the said Form.
Rule - 15.
Every Presentation Form shall be filed in the
manner that on it overleaf, it has a printed format for scrutiny report of the
Registry, which is prescribed in the schedule as 'Format 2'.
Rule - 16.
All fresh cases including petitions, memorandum of
appeals, applications, etc. shall be accompanied with an index of all papers
presented for case filing.
Rule - 17.
The index shall be in the format as given in the
schedule as 'Format 3'.
Rule - 18.
Entries in first five columns of the index shall be
filed up by advocates by type writing. Case registration number, CNR number and
entries in the last column of the index shall be filled up by Registry.
Rule - 19.
The index shall be prepared and filed in such
manner that at least ten rows, next to the last row filled up by the advocates,
are also drawn and left blank for future use of Registry. For this purpose
also, both sides of papers shall be used.
Rule - 20.
The rows left blank for Registry shall be drawn in
such manner that they have space to make entries requiring in five lines.
Rule - 21.
Advocates shall affix their signatures at the
bottom of every page of the index, which contains entries filled up by them. At
the bottom of the last page of the index, they shall affix their signatures
with their particulars in the following manner
Certified that entries in Serial Number 1 to Serial
Number.........of this Index have been filled up by me.
Signature
(Full Name of the Advocate)
Bar Council Registration No.
Rule - 22.
Registry shall display specimens of duly filled up
Presentation Form and Index, etc., prepared as per these rules, in the official
website of the Court for general guidance.
Rule - 23.
The Presentation Form, index, receipt of court fee
and brief details of date and events of the case, etc. shall be filed in
following chronological order
(A) Presentation Form with blank format for scrutiny report on it overleaf.
(B) Index.
(C) Receipt of court fees paid.
(D) Brief details of date and events of the case.
(E) Other papers, if any, prior to the Petition, Memorandum of Appeal,
Application, etc.
Rule - 24.
Petition, Memorandum of Appeal, Application, etc.
shall be filed in following chronological order
(A) Petition, Memorandum of Appeal, Application, as the case may be, with or
without annexures.
(B) Affidavit in support of the Petition, Memorandum of Appeal, Application,
as the case may be, with or without annexures.
(C) Interlocutory Application, if any.
(D) Affidavit in support of the Interlocutory Application, if any.
(E) Vakalatnama.
(F) Other papers, if any.
Page numbering in numerals in international form shall
begin from the Petitions, Memorandum of Appeals, and Applications, etc.
Rule - 26.
All papers prior to the Petitions, Memorandum of
Appeals, Applications, etc., such as Presentation Form, index, receipt of court
fee and brief details of date and events of the case, etc., shall be paginated
in English alphabets in capital and in their alphabetical order such as A, B, C
and so on.
Rule - 27.
Where index, receipt of court fees, brief details
of date and events of the case, etc. are in more than one page, they shall be
paginated in following manner-
(A) A/1, A/2, A/3 and so on.
(B) B/1, B/2, B/3, 8/4 and so on.
PART IV
FILING IN PENDING CASES
Rule - 28.
Applications, affidavits or other material in the
pending cases shall be filed with index of the papers.
Rule - 29.
The index shall be filed in the format given in the
schedule as 'Format No. 4'. 30. The page numbering in the applications,
affidavits or other material filed in the pending cases shall be done at the
right corner of the bottom of the pages.
PART V
FILING TIME AND PLACE
Rule - 31.
Filing for all the purpose in the Court shall be
from 10.00 a.m. to 1.30 p.m. or as directed by the Registrar General or
Registrar (Judicial) of the Court.
Rule - 32.
Fresh cases, applications or any other paper
requiring registration shall be presented in the filing counter.
Rule - 33.
Counter-affidavits, rejoinder affidavits,
supplementary affidavits, vakalatnama and other material in the pending cases,
not requiring registration, shall be filed in the Judicial Section of the
Registry dealing with the matter.
PART VI
REPORTING OF DEFECTS, ETC.
Rule - 34.
In fresh cases, Registry shall report the defects
in writing, and shall mention them at the space fixed for the same, as
prescribed under these rules.
Rule - 35.
Defects in Applications, counter-affidavits,
rejoinder affidavits,. supplementary affidavits, vakalatnama and other material
filed in pending cases shall be reported on overleaf of the index.
Rule - 36.
Where more than one defect is reported, they shall
be mentioned by giving separate number.
Rule - 37.
Where a defect is reported, same shall be
communicated to the advocate on the same day in any of the following manner
(A) By e-mail service, where e-mail address has been given by the advocate.
(B) By publication in the notice board.
(C) Any other manner, as may be directed by the Chief Justice.
Rule - 38.
Where more than one defect is reported, all of them
shall be communicated.
Rule - 39.
Where a defect is reported in any counter
affidavit, rejoinder affidavit, supplementary affidavit, vakalatnama or any
other material presented in the Judicial section of the Registry under Rule 33
above, such counter affidavit, rejoinder affidavit, supplementary affidavit,
vakalatnama or other material may be returned to the person, who have presented
the same, for the representation after removal of defect.
Rule - 40.
Where a counter affidavit, rejoinder affidavit,
supplementary affidavit, vakalatnama or any other material is returned under
Rule 39 above, entries to that effect shall be made in Register maintained in
the section.
PART VII
REMOVAL OF DEFECTS, ETC.
Rule - 41.
Except in cases where a counter affidavit,
rejoinder affidavit, supplementary affidavit, vakalatnama or any other material
is returned under Rule 39 above, all defective matters shall be listed on the
following day of the filing before the Registrar (Judicial) for which a cause
list shall be published.
Rule - 42.
Where the Registrar (Judicial) is of the opinion
that the defect reported by the Registry does not hold good, he may overrule
the defect by his written endorsement to that effect.
Rule - 43.
Where the Registrar (Judicial) has overruled the
defect and no defect survives, he shall order for listing of the case before
the Court.
Rule - 44.
Where the Registrar (Judicial) is of the opinion
that the defect reported by Registry holds good and the defect is not removed,
he may grant a reasonable time for removal of the defect.
Rule - 45.
The Registrar (Judicial) may extend the time as
given under Rule 44 above.
Rule - 46.
Save as otherwise provided in these rules, no
defective matter shall be listed before the Court.
Rule - 47.
A defective matter may be listed before the Court
in any of the following circumstance
(A) Where defect is of such a nature that the order of the Court is
necessary for the defect.
(B) Where on being mentioned, Court orders that the matter be listed as
defective.
PART VIII
OUT OF TURN LISTING OF CASES
Rule - 48.
An Advocate, desirous of out of turn listing of a
fresh or pending case for urgent hearing, may make an oral mention before the
Bench concerned by way of a Mention Memo, the format of which given in the
schedule as 'Format 5'.
Rule - 49.
No application for urgent hearing will be
entertained by the Registry. Such an application, when presented in the
Registry, shall be returned to person presenting the same.
Rule - 50.
The Advocate shall give Mention Memo to the Bench
Secretary concerned.
Rule - 51.
Urgency shall be mentioned at 10.15 a.m. or such
other time, as may be fixed by the Court.
Rule - 52.
When the urgency is mentioned, Bench Secretary
shall place the Mention Memo before the Court for consideration for the listing
of the case.
Rule - 53.
Where, the Court orders for out of turn listing of
a case for urgent hearing, the Bench Secretary shall send the Mention Memo
under his signature immediately to the Institution Section for listing of the
case, as per the orders of the Court.
Rule - 54.
Bench Secretaries shall maintain records of all the
Mention Memo received by them and the orders passed thereon.
Rule - 55.
A matter shall be listed on the basis of a Mention
Memo only if it is issued under the authority of
(A) The Bench having the Roster of the case, including the Bench having the
roster on leave of a Judge.
(B) The Bench to which the cases is nominated/assigned.
(C) The Chief Justice, in any case, including mentioning in relation to
matters mentioned in clauses (A) to (B) above.
PART IX
DEVIATION FROM RULES, ETC.
Rule - 56.
In any exceptional situation arising from natural
calamity, disaster pandemic or in any other extraordinary circumstance, the
Chief Justice may order for deviation from these rules.
Rule - 57.
The Chief Justice may pass such orders consistent
with the rules, as he may deem fit and appropriate, for giving effect to these
rules and for their effective implementation.
PART X REPEAL AND SAVINGS
Rule - 58.
All previous rules and orders on the subject to
which these rules apply, are hereby repealed, provided that notwithstanding
such repeal, nothing in these rules shall affect the matters already being
dealt with in accordance with the rules and orders so repealed.
Rule - 59.
The Provisions of the Allahabad High Court Rules,
1952 (as applicable to High Court of Uttarakhand) shall
continue to apply to all such matters, which are not covered under these rules.
SCHEDULE TO THE RULES
Format 1
HIGH COURT OF UTTARAKHAND
AT NAINITAL
PRESENTATION FORM
(To be filled up by the
Party/Advocate)
(1) Case
Category......................................................................................................
(2) District................................................................................................................
(3) Titled as.............................................................................................................
(4) Name of Advocate(s) with Bar
Council Registration Numbers, Contact Numbers, e-mail addresses, etc.
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
(5) Contact Numbers, e-mail addresses
of Petitioner/Appellant/Applicant, etc..................................
(6) Copies served on
whom.............................................................................................
(7) Mode of
service......................................................................................................
(8) Date of the
service......................................................................................................
(9) Any other in
formation................................................................................................
Signature
(Name of the Advocate)
Date:
Place:
Note: Times New Roman Font Size 14 may be used to
contain the Presentation Form in single page
SCHEDULE TO THE RULES
Format 2
HIGH COURT OF UTTARAKHAND
AT NAINITAL
SCRUTINY REPORT
(1) Filed on..............................................................................................................
(2) Case
No..............................................
(3) CNR
Number.............................................
(4) Court Fees Paid and if sufficient....................................................................................
(5) If No, Deficiency
of..................................................................................................
(6) Limitation Began
on........................Expired
on............................................................
(7) If barred by Limitation, there is
delay of.........................................................days
(8) If Delay Condonation Application
is filed..........................................................................
(9) If any Caveat has been
filed......................................................................................
If Yes
by..................................................................................................................
(10) Caveat or served/not served
;......................................................................................
(11) Notice served on Opposite Party
on................................................................................
(12) This
is...............................................................................................:..............
(13) Defects, if any
(1) ..........................................................................................................................................................................
(2)
..........................................................................................................................................................................
(3)
...........................................................................................................................
(4) ..........................................................................................................................
(5) ..........................................................................................................................
(14) Remarks, if
any................................................................................................
A.R.O./R.O./S.O.
S.O./A.R.(Stamp Reporting) S.O./A.R.(Defects
Scrutiny)
D.R. (Institution)
Note: Times New Roman Font Size 14 may be used to
contain the Presentation Form in single page
SCHEDULE TO THE RULES
Format 3
HIGH COURT OF UTTARAKHAND
AT NAINITAL
INDEX
IN
CASE No.
.................................................CNR No.
.................................................
Between
ABC Kumar
And
CDE Kumar
|
SI.
No.
|
Description of Paper
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Page No.
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Date of Filing
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Court Fees Paid
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Part A/B
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1.
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Presentation Form
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2.
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Scrutiny Report
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3.
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Index
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4.
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Receipt of Court Fees Paid
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5.
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Brief Details of Date and Events of the Case
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6.
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Petition, Memorandum of Appeal, Application, as
the case may be
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7.
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Affidavit in support of Petition, Memorandum of
Appeal, Application as the case may be
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8.
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Annexure 1 with brief details
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9.
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Annexure 2 with brief details and so on
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10.
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Interlocutory Application
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11.
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Affidavit in Support of the Interlocutory
Application
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12.
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Vakalatnama
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13.
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14.
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15.
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16.
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17.
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18.
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19.
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20.
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21.
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22.
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Entries from Serial Nos. 1 to 11 have been filled
up by me.
Signature
Date:
(Name of Advocate)
Note:
(1) Entries in this Index are for
only for illustrations.
(2) Case No. and CNR No. will be
filled up by Registry.
(3) At the time of case filing,
entries in first five columns will be filed up by advocates/parties.
(4) The index be prepared in such a
manner that at least ten rows next to the last row filled up by the
advocates/parties, be also drawn and left blank for future use of Registry.
(5) The rows left blank for Registry
shall be drawn in such manner that they have space to make entries requiring in
five lines.
(6) Times Mew Roman Font Size 14 may
be used for this Index.
SCHEDULE TO THE RULES
Format 4
HIGH COURT OF UTTARAKHAND
AT NAINITAL
INDEX
IN
Interlocutory Application for
Stay Vacation
In
Second Appeal No. 123 of 2020
|
Between
|
|
|
ABC Kumar
|
..................Appellant
|
|
And
|
|
|
CDE Kumar
|
.................Respondent
|
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Sl. No.
|
Particulars
|
Page No.
|
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1
|
Application for Stay Vacation
|
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2
|
Affidavit
|
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3
|
Annexure 1 to the Affidavit (with brief details
of the annexure)
|
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4
|
Annexure 2 to the Affidavit (with brief details
of the annexure)
|
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Signature
Date:
(Name of Advocate) Note: Entries in this Index are
for only for illustrations.
SCHEDULE TO THE RULES
Format 5
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Mention Memo
Part A
(To be filled up by the Advocate)
|
1. Case No.
|
:
|
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2. Case title
|
:
|
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3. Date of filing of the case (in fresh
institution)
|
:
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4. If any date has already been fixed by the
Court (in pending case)
|
:
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5. Reasons for the urgency, with purpose of
listing, in brief
|
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Date...............
Place...............
Signature
(Name of the Advocate)
Part B
(To be filled up by the Bench
Secretary)
Mentioned on..............................before
the Court No...........................................
By the Advocate for..............................
Orders of the Hon'ble
Court..............................
Signature
(Bench Secretary)
Note: Times New Roman Font Size 14 may be used to
contain the Mention Memo in one single page.