PART A (a) THE PRESENTATION AND RECEPTION OF APPEALS, REVISIONS, APPLICATIONS FOR REVIEW AND OTHER PETITIONS.
1. (a) All judicial matters to be brought before the Court shall:
(i) be in a specific form prescribed by the High Court in the rules;
(ii) be drawn up in the manner prescribed by law;
(iii) be signed by the party or his counsel, however, pleadings in the original causes be necessarily signed by the party;
(iv) be properly stamped according to law;
(v) specify the law under which it lies;
(vi) be presented within the time limit prescribed by law, and, if filed beyond time, be accompanied by an application for condonation of delay;
(vii) be placed in the prescribed folders except in the case of Misc. application arising in a pending matter;
(viii) be accompanied by a photocopy of the National Identity Card of the petitioner / applicant/ appellant;**
(ix) be accompanied by a certificate to the effect that as per instructions of the petitioner/ applicant / appellant no such petition/application/appeal has earlier been filed in the High Court in this matter.**
(b) All judicial matters not intended to be taken up as urgent shall be deposited in the petition box kept outside the room of the Institution Section between the working hours as may be prescribed from time to time.
(c) (i) All judicial matters intended to be taken up urgently the next day shall be marked “Urgent” and deposited in the petition box kept outside the room of the Institution Section before 11.00 a.m.
In case a litigant is unable to deposit an urgent matter before 11.00 a.m. or if he wants it to be heard the same day, he may approach the Deputy Registrar (Judicial) for
the purpose who will look into the urgency and fix the matter for the same day or the next day, or direct the same to be fixed in motion.
(ii) An order passed by the Deputy Registrar (Judicial) not treating the matter as urgent may be challenged before the nominated Judge on administrative side whose decision in the matter shall be final.
(d) The Chief Justice or in his absence the most senior Judge available at Lahore may, in his discretion, entertain at his residence an application requiring immediate orders at a reasonable hour.
(e) Petitions sent by litigants through post for taking judicial action shall not be entertained but returned per bearing post.
(f) Every memorandum of appeal shall be accompanied by copies of decree and the judgment as prescribed by Order XLI rule 1 of the Civil Procedure Code, 1908. In the case of second appeals, in addition to the documents prescribed by Order XLI rule 1 of the said Code, the memorandum shall be accompanied by a copy of the judgment unless the appellate Court dispenses therewith.**
2. ***[Omitted].
3. ***[Omitted].
4. Every Intra Court Appeal to the High Court under the Law Reforms Ordinance, 1972 from a judgment of a Judge sitting singly shall be presented within 20 days from the date of judgment appealed from, unless the admitting Bench in its discretion, for good cause shown, in writing, grants further time.
In an Intra Court Appeal the memorandum of appeal need not be accompanied by a copy of decree, order or judgment appealed from. The period of limitation prescribed in this rule shall be computed in accordance with the provisions of section 12 of the Limitation Act, 1908.
5. *** [Omitted].
6. A petition to the High Court to exercise the powers conferred by section 115 of Civil Procedure Code shall specify the particular ground on which the aid of the High Court is invoked.—
(a) if the ground be that the court which decided the case exercised a jurisdiction not vested in it by law, the petition shall set out clearly the particular exercise of jurisdiction complained of;
(b) if it be that the court which decided the case failed to exercise a jurisdiction so vested, the jurisdiction which ought, in the petitioner’s opinion, to have, and has not been exercised shall be clearly set out;
(c) if it be that the court acted in the exercise of its jurisdiction with material irregularities the particular irregularity or irregularity complained of shall be similarly set out.
7. (i) Every such petition shall be stamped as required by law and shall be accompanied by certified copies of the pleadings and the documents which are necessary to support the pleas taken and the relief sought in the petition, unless the Court on sufficient cause shown orders otherwise, as well as a copy of the decree or order in respect of which such application is made and by a copy of the judgment upon which such decree is founded.
(ii) In the case of petition for revision of the decree or order of an appellate court, a certified copy of the judgment or order of the court of first instance shall also be filed.
(iii). Every such petition shall be made within ninety days of the decision of the subordinate court which shall provide a copy of such decision within three days thereof and the High Court shall dispose of such petition within three months without calling for the record of the subordinate court.*
8. A petition to exercise the power conferred by section 25 of the Provincial Small Cause Courts Act, 1887, shall specify in what particular the decree or order of the Small Cause Court is not in accordance with law.
9. (i) The Deputy Registrar (Judicial) is authorized to return memorandum of any suit, appeal, or petition, or application, etc., -
a) if it is not maintainable under any law; or
b) if it is not properly constituted; or
c) if it contains scandalous or objectionable language or material; or
d) if it is not drawn up in conformity with the foregoing directions; or
e) for amendment, making up of the deficiency or for filing requisite documents, within the time to be specified in the Objection Memorandum Appendix I(a), I(b) & I(c).
(ii) The order of the Deputy Registrar (Judicial) returning the memorandum of any suit, appeal, petition or application may be challenged before the Chief Justice or Judge nominated by the Chief Justice on administrative side whose decision shall be final and shall not be assailed in any other proceeding before the High Court.
9-A. A list of petitions, appeals, etc., ordered to be returned shall be notified on the Notice Board and petitions, appeals, etc., not received back within seven days of the publication of the list shall be placed before a Judge of the High Court for orders on a date to be notified by including such petition in a motion cause list. It is made clear that any delay in placing such petition before the Court or issuing the list shall not furnish any justification for non-receipt of the returned petition in time and non-compliance of the objection taken within time specified by Deputy Registrar (Judicial).*
10. Every application for review of a judgment or order of a Division Bench, or of a Single Bench of the High Court presented by an Advocate shall be signed by him, and he shall certify that the grounds contained therein are good and sufficient grounds for the review sought. No Advocate shall be heard in support of an application for review of any such judgment or order unless and until he has certified in the manner above prescribed the grounds already taken or any amended grounds of application.
11. No petition, memorandum of appeal or other document, which ought to bear a stamp under the Court Fees Act, 1870, shall be received in the Court until it is properly stamped.
12. The Chief Justice has been pleased to declare that the Registrar of the High Court at the Principal Seat and the Additional Registrars of the Rawalpindi, Multan and Bahawalpur Benches shall be the Taxing Officers within the meaning of section 5 of the Court Fees Act, 1870.
Note: For delegation of powers to the Additional Registrars see Notification No 222-Gaz-I/V. A (17), dated the 25th of October 1989.
13. Attention is drawn to the provisions of sections 4 and 28 of the Court Fees Act, and it must be understood in connection with section 5 of the Limitation Act that an improperly stamped document even
though received, filed or used in the Court remains invalid, unless it is proved to the satisfaction of the Court that it was so filed or used through mistake or inadvertence, and time is extended for making up the deficiency in the Court fee.*
14. The Deputy Registrar is authorized to examine and impound under section 33 (2) (b) of the Stamp Act, 1899, any instrument not duly stamped.*
Part A (b) THE PRESENTATION OF PETITIONS FOR REVISION UNDER SECTIONS 435 AND 439 OF THE CODE OF CRIMINAL PROCEDURE.*01
1. Every petition for revision under sections 435 and 439 of Criminal Procedure Code shall state:
(i) that no petition under the aforementioned sections has been moved before the Court of Sessions.
(ii) the reason for not moving the Court of Sessions, and other petitions connected with judicial business of the Court shall be presented by litigants or their Advocates by depositing them in the petition box of the Court outside the room of the Institution Section between the working hours as may be prescribed from time to time.
Appeals, applications, etc., accompanied by a petition to treat the same as urgent shall, however, be presented personally to the Reader to the Deputy Registrar (Judicial) on any working day before 11.00 a.m. but may in exceptional circumstances be received not later than 12 noon.
(iii) Appeal under section 410, Cr.P.C. shall be filed within the period of limitation prescribed by law and shall be accompanied by a certified copy of the impugned judgment of the trial court.
(iv) Application made by the complainant under section 417 (2), Cr.P.C. shall be filed within sixty days along with the certified copies of the complaint and the impugned judgment and shall be placed before a Single Bench. In case of acceptance of the application by the Single Bench it shall be converted into appeal and shall be placed before a Division Bench.
(v) Appeal under section 417(2-A), Cr. P.C. shall be filed by an aggrieved person against the order of acquittal within thirty days and shall be accompanied by the certified copies of the F.I.R. and the impugned judgment. This appeal shall be
placed before a Division Bench in motion and further action taken in accordance with the orders passed by the Division Bench. *01
1-A. With reference to section 439 (5), Criminal Procedure Code, the Deputy Registrar will not receive any petition for revision of an order of acquittal unless it is accompanied by a copy of an order of the Magistrate of the district, refusing to move the Provincial Government to appeal under section 417, Criminal Procedure Code.
2. As regards petitions under section 435 and section 439, Criminal Procedure Code, the Deputy Registrar will not receive petitions for revision of orders of original courts in non-appealable cases, unless the applicant files with his petition a copy of the order of the Sessions Judge to show that he has applied to him and his petition has been refused. The Sessions Judge can release a prisoner on bail or suspend a sentence pending a reference to the High Court.
3. Copies of all bail applications received in the High Court relating to criminal cases pending in lower courts when bail has already been refused by the lower courts shall be supplied to the Advocate General by the Deputy Registrar to enable him to appear, if desired, on behalf of the State provided that hearing of any particular case by the Judge to whom it is assigned is not delayed by this procedure.
3–A. Every application for bail shall be accompanied by the copy of F.I.R. and the orders of lower courts, if any, unless the Judge specifically dispenses therewith. *01
4. Petition for transfer or for revision of an interlocutory order in a pending criminal case shall be refused by the Deputy Registrar unless accompanied by attested copies of the documents relied on by the petitioner. If admitted, the records should not be sent for unless a Judge specifically so orders.
5. Petitions for transfer of cases shall ipso facto be treated and dealt with as urgent petitions.
6. Notice of the hearing of urgent petitions shall not be given individually to the petitioner or his counsel but a list of such petitions shall be hung up for the purpose on the notice board outside the Deputy Registrar’s room and / or displayed in electronic media on the day
preceding the date fixed for the hearing of these petitions giving the name of the Judge by whom the petition will be heard.
7. In petitions for transfer of cases under section 526, Criminal Procedure Code, filed in the High Court, the Sessions Judge shall, without fail, return all notices received by him from the High Court, whether for himself or for parties, after service, within one week from the date of their receipt.
8. The Sessions Judge shall, without fail, also submit, within one week from the date of receipt of the High Court letter, all reports or explanations called for by the High Court from himself or the Magistrate concerned with regard to allegations contained in the petitions for transfer or affidavit, copy whereof will accompany the said letter.
9. In petitions under section 439, Criminal Procedure Code, against the order of a Magistrate, in cases tried summarily and in which there are no records except entries in the Register of Summary Trials (Criminal Register No. XVII), certified copies of the relevant entries in the register shall be called for, instead of the register unless otherwise directed by the Court.
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