PART A RULES REGULATING THE PRACTICE OF THE HIGH COURT IN THE HEARING OF CAUSES AND OTHER MATTERS.
1. The Court will open daily, except on notified holidays, for the transaction of judicial business between such hours as may be prescribed from time to time.
No fresh case will ordinarily be called for hearing by a Bench after 2.30 p.m but the hearing of a part heard case may be continued so long as the Bench hearing it may deem necessary.*
2. The Judges will sit singly or in benches of two or more Judges in accordance with a roster to be prepared by the Deputy Registrar with the approval of the Chief Justice from time to time.*
3. Plaints, appeals, applications and petitions for a preliminary hearing will be distributed by the Deputy Registrar two days previously. The distribution lists will be initialed by the Deputy Registrar, and no change in them will be made without his authorization and initials. A copy of the list will be supplied to the Judges’ Readers and to the Bar Room, and the Judges’ Readers will bring to the notice of the Judges and the Deputy Registrar any alterations that appear unauthorized.
4. Ordinary and urgent petitions shall be set down for hearing by the Deputy Registrar before Single and Division Benches in accordance with the roster for the time being prescribed under rule 2 above.
5. (a) A register of civil cases, complete in every respect, will be maintained in the High Court. From this register, cases will be taken up according to the order of institution for incorporation in a weekly list of cases to be heard by Division and Single Benches. The weekly list will be broken up into daily list after every week. The special order cases should be placed with indication only. No indication is to be given as ‘No.1’ without the specific order of the Court or indication on result parcha. The daily cause list for the week shall be issued immediately on preceding Wednesday. All left-over cases of the week shall, as far as possible, be fixed on the corresponding day of the week following the next week, for instance a case left-over on Wednesday, the 24th November, 1965 will be fixed for Wednesday, the 8th December, 1965. No supplementary list of part-heard cases or of cases adjourned by a Judge specifically to the next week will be issued as they are expected to be taken up on the next day unless otherwise directed by the Judge.
(b) A separate register of criminal cases within the jurisdiction of Division and Single Benches, complete in every respect, will be maintained in the High Court. From this register cases will be taken according to order of institution for incorporation in a weekly list of cases to be heard by both Division and Single Benches. The weekly list will be broken up into daily list and dealt with as in rule 5 (a) above.
(c) Full and Special Bench cases which cannot conveniently be heard on ordinary Bench days, will be heard on the first Monday in every month or on such other day or days as the Chief Justice may direct in the event of the first Monday being a holiday, or the work being excessive for one day. *
6. Cases will be set down in the lists in the order of the date of admission except as directed below and will be heard in that order, unless directed otherwise by the Court.
Exceptions. -
(a) Postponed cases take priority over all other cases before a Bench in their own class.*
(b) Remanded cases take priority over all others except postponed cases.
(c) Cases fixed for “actual dates” under the second proviso to rule 8 shall be listed first in the daily lists subject to part-heard cases. Cases fixed by Judges for actual dates shall be listed next.
(d) Cases marked “very early” or “early” by order of a Judge or Judges and commercial causes, family matters and rent cases shall take priority over ordinary cases.*
(e) An appeal or petition against an order of remand of a lower court shall be marked “early” and shall take priority over ordinary cases.
(f) An appeal or petition in connection with which proceedings pending in the lower court are ordered to be stayed or have to be stayed in consequence of the record being sent for by the High Court for the disposal of such appeal or petition, shall be marked “early” and shall take priority over ordinary cases.
7. (i) An application for the postponement of a case shall be presented to the Deputy Registrar and shall not be taken direct to a Judge.
(ii) Cases may be postponed by the Deputy Registrar or, in his absence, under the orders of such other officer as may be in charge of the judicial department for the time being--
(a) if, two days before the date of hearing, the record has not been received, or the case is otherwise incomplete;
(b) if, before the day of hearing, the death of a party is announced and an adjournment is thereby necessitated;
(c) if the lower courts have not complied with a precept or process.
(ii) Except as provided above, no application for the adjournment of a case shall be entertained unless a Bench or Judge, as the case may be, is satisfied that by reason of recent death, sudden illness or domestic bereavement a party cannot be properly represented at the hearing unless such order is made.
(iv) Ordinarily part-heard cases will be proceeded with on the following day or days till they are concluded.
8. Parties and their Advocates, or Agents are required to attend the Court on the day or days for which their cases are set down, and on subsequent days until their cases are disposed of or are postponed:
Provided that intimation of the pacca date fixed in a case will be sent by post card to such parties as are not represented by counsel at the addresses originally given by them in their appeals or petitions or at the fresh addresses supplied by them at any later stage:
Provided further that in a case in which an Advocate not ordinarily resident in Lahore, Rawalpindi, Multan or Bahawalpur has to appear, the Deputy Registrar concerned shall fix the “actual date” sufficiently in advance and give to the said Advocate notice thereof by registered post card. Such date shall not be altered except by an order of the Bench concerned or of the first Division Motion Bench if the case is not listed before a particular Bench.*
9. (i) Urgent petitions must ordinarily be presented between such hours as may be prescribed from time to time.*
(ii) These petitions will be laid before the Deputy Registrar who shall ordinarily fix them for hearing on the next day. If, however, the Deputy Registrar is satisfied that there is sufficient urgency, he shall mark the petition for hearing on the same day.
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