PART A THE PREPARATION OF PRINTED RECORDS IN FIRST APPEALS.
1. In first appeals from orders no printing will be required unless specially directed by the Judge admitting the appeal, who will in that case order at his discretion the printing of either
(i) an ordinary paper book, or
(ii) a printed record under these rules.
2. In first appeals from decrees admitted to a hearing, a printed record shall, unless special orders are given to the contrary, be prepared in accordance with the instructions hereinafter contained.
3. In the absence of a special order the printed record under rule 2 shall consist of:
(i) (a) The plaint and pleas.
(b) Such documents either referred to in the plaint as forming the basis of the suit or considered by the trial court in its judgment, or duly proved by either of the parties in the trial Court, as may be specified by either party in response to a printed notice within the period of 30 days prescribed in rule 5 (i).
(ii) The autograph record of the trial court.
(iii) The report of the local Commissioner, if any, appointed under Order XXVI of the Civil Procedure Code. With the report should be printed any statements of the parties recorded before the Commissioner and tabular statements prepared by him, if they form an integral portion of his report.
(iv) Evidence taken on commission under Order XXVI of the Civil Procedure Code.
(v) The grounds of appeal to the High Court, in English.
(vi) The order of the Judge or Bench admitting the appeal.
4. Any part of the record not printed under rule 3 may be referred to at the hearing with the permission of the Court, but no party shall have a right to refer, during the hearing, to any documents not printed:
Provided that extracts from Revenue Records need not be printed in extenso. The parties may refer to the original record for such extracts, maps and plans.
5. (i) The Deputy Registrar shall, as soon as the record in a First Appeal has been received, cause notice to be given to the appellant and respondent, or their counsel if any, to specify within 30 days of the date of notice the documents mentioned in rule 3 (i)(b) above, which should be included in the printed record of the appeal. In default of their doing so, the printed record will consist of the documents specified in rule 3 (i) (a) and (ii) to (vi) only.
(ii) The cost of including the documents specified in rule 3 (i) (a) and (ii) to (vi) shall be borne by the appellant and shall be paid as provided for in rules 8 and 9 below.
(ii) The cost of including the documents mentioned in rule 3 (i) (b) shall be borne by the party at whose instance they are so included and must be paid within 30 days from the date of demand; otherwise they shall be excluded.
6. All documents included in the printed or photocopied record shall be printed or photocopied according to their serial order, first those produced by the plaintiff and then those produced by the defendant. On each document shall be endorsed the order by, and date on, which it was admitted by the trial court:
Provided that when counsel for both the parties agree that the documents should be arranged for convenience in a different order, the documents shall be printed in that order. In that case, a footnote shall be added on the first page of the volume of documents that the documents have been printed in the order suggested by counsel for the parties.
7. Vernacular documents printed or photocopied by desire of parties under rule 5 shall not ordinarily be translated into English unless especially desired in writing by the party at whose instance they are included in the printed or photocopied record.
Note: Documents in Hindi, Gurmukhi and other characters shall, if their translation into simple idiomatic Urdu is not already on the record, be sent to the trial Court for this purpose. The parties shall be required to appear before the trial Court to assist in the translation of such documents. Failure on their part to do so will result in the omission of such documents from the printed or photocopied record. The translation shall be accompanied by an affidavit as to its correctness.
8. In every appeal in which under these rules a record has to be printed or photocopied, the appellant shall, with his appeal, attach a receipt for a sum of five hundred rupees which should be deposited with the Treasurer of the High Court to cover the cost of printing or photo-copying the record. No first appeal from a decree shall be received unless such receipt accompanies it.
Exception.- This rule does not apply to an appeal filed in forma pauperis, in which case the appellant will be required to pay the approximate cost of printing or copying of such portion of the record as the Judge admitting the appeal, may, under rule 2 of this chapter, order.*
9. (a) If the deposit required under rule 8 proves insufficient to cover the cost of that part of the printed or photocopied record which is to be borne by the appellant, the Deputy Registrar may, by a notice in writing, require that such further deposit as seems to him necessary shall be made within one month.
(b) If such further deposit be not made within one month from the date of receipt of the notice, the appeal shall, on the expiry of that period, be sent, without notice to the appellant, to a Judge for an order of dismissal: Provided that, if the appellant makes an application within fifteen days after dismissal for the suspension of this rule, he may be granted one period of fifteen days in which to pay the deposit. Should he again make default, the appeal shall forthwith be sent, without notice to the appellant, to a Judge for an order of dismissal or other disposal.
(c) When after deposit an ad interim order has been passed in the appeal it shall be discharged unless the further deposit, if any, is made within the period specified, according to clauses (a) and (b) of this rule.
10. The period fixed by rule 9 for the payment of the deposit may, on cause being shown in an application duly stamped, be enlarged by an order of the Court so as to permit the amount of such deposit to be paid by installment.
11. Such number of copies of the record shall be printed or photocopied as the Court may, by general rule in this behalf or by special order in any particular case, direct.
Note: The number of copies ordinarily to be printed has been fixed at ten. Enough copies should be printed or photocopied to enable juniors watching the case to be provided with them.
12. The appellant and respondent may each obtain two copies of the printed or photocopied record free of charge and one additional copy free of charge for each Advocate or Pleader employed in excess of two. Additional copies, if available, may be purchased at two rupees per page of printed or photocopied matter.*
13. Parties and counsel shall be entitled to receive copies of the printed or photocopied record on application to the Registrar or Deputy Registrar at least one month before the date fixed for hearing.
14. (a) At the foot of every printed record shall be noted the amount of the printing and incidental charges and the party from whom levied, and such amount shall be included in the costs of the appeal unless the Court shall in any case otherwise direct.
(b) Should the amount so charged be less than the sum or sums deposited under rules 5, 8 and 9, the Registrar or the Deputy Registrar shall refund the unexpended balance to the party by whom the deposit was made. Should it be more he will take action under rule 9 or 10.
15. The Registrar or the Deputy Registrar may and, if so required by either party by petition duly stamped, shall refer to the Court any matter not herein expressly required to be referred.
16. For the purposes of these rules, when an order of the Court is required, the order of one Judge shall be sufficient and such order shall, subject to reconsideration by the Bench hearing the appeal, be conclusive.
17. (a) When an order has been made by a Division or Full Bench, under Order XLI rule 25 or rule 27 of the Code of Civil Procedure, in an appeal to which these rules have been applied, and additional evidence has been taken in pursuance of such order, a Judge may, at any time after completion of the record of the enquiry, make an order that a supplementary printed or photocopied record be prepared of:
(i) the order made under Order XLI rule 25 or rule 27, Civil Procedure Code, and
(ii) the proceedings taken thereunder or any part thereof.
(b) The order shall direct by which party or parties the expense of preparing the supplementary record or any part thereof shall be borne in the first instance.
(c) When a Judge’s order for the preparation of a supplementary record has been made, the Registrar or the Deputy Registrar shall deal with the matter under the foregoing rules so far as applicable.
SCHEDULE A
Index of the papers printed.
FIRST APPEAL NO. OF
(Name)____________________(Plaintiff or Defendant) – Appellant.
(Name)____________________(Defendant or Plaintiff) – Respondent.
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Sr. No. |
Date of the document, etc. |
Description of the document, etc. |
Page. |
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Petition of plaint (documents referred to in the plaint or considered in the judgment or duly proved by either of the parties in the trial court).
Written statement of defendants.
Plaintiffs’ replication to above.
Defendants’ rejoinder to above.
Issues.
Plaintiffs’ oral evidence (each witness by name).
Defendants oral evidence (each witness by name).
Notes of the arguments advanced by the parties.
Judgment of the trial Court.
Decree of the trial Court.
Petition of appeal to the High Court.
Order of Judge admitting the appeal to a Bench. |
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N.B.-- Intermediate orders of the Court should be inserted in chronological order as they occur.
SCHEDULE B
The work of transcribing, transliterating, translating, printing and photocopying the record will be charged for at the following rates under rules 5, 8 and 9: -
Typing and revising the record per 1000 words Rs.10/-
Photo copy per page of printed matter Rs. 2/-
Note: Since the printing of paper-books has been dispensed with, the rates for transcribing, examining, certifying, transliterating and translating work are not being fixed.
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