PART X MISCELLANEOUS ORDER XLIII NOTICE OF PROCEEDINGS TO THE ATTORNEY-GENERAL FOR INDIA OR ADVOCATE-GENERAL OF STATES 1. The Court may direct notice of any proceeding to be given to the Attorney-General for India or to the Advocate-General of any State, and the Attorney-General for India, or the Advocate-General to whom such notice is given may appear and take such part in the proceedings as he may be advised. 2. The Attorney-General for India or the Advocate-General of any State may apply to be heard in any proceedings before the Court, and the Court may, if in its opinion the justice of the case so requires, permit the Attorney-General for India or the Advocate-General so applying to appear and be heard, subject to such terms as to costs or otherwise as the Court may think fit. ORDER XLIV FORMS TO BE USED 1. Every writ, summons, orders, warrant or other mandatory process shall bear the attestation of the Chief Justice, and shall be signed by the Registrar with the day and the year of signing, and shall be sealed with the seal of the Court. 2. The forms set out in the Fifth Schedule to these rules, or forms substantially to the like effect with such variations as the circumstances of each case may require, shall be used in all cases where those forms are appropriate. ORDER XLV SERVICE OF DOCUMENTS 1. Except where otherwise provided by any Statute or prescribed by these rules, all notices, orders or other documents required to be given to or served on, any person shall be served by the Registry in the manner provided by the Code for the service of a summons. 2. Service of any notice, order or other document on the Advocate-on-record of any party shall be deemed sufficient service on the party whom he represents and may be effected by delivering it to the Advocate-on-record or by leaving it with a clerk in his employ at his office. 3. Service of any notice, order or other document upon a person who resides at a place within the territory of India may ordinarily be effected by posting a copy of the document required to be served in a pre-paid envelope registered for acknowledgement addressed to the party or personally at the place where he ordinarily resides and through the District Judge concerned: Provided that the Registrar may direct in a particular case or class of cases, that the service shall be effected in the manner provided by the Code for the service of summons. 4. A document served by post shall be deemed to be served at the time at which it would be delivered in the ordinary course of post. 5. Except where the notice or process has been served through Registry, the party required to effect the service shall file an affidavit of service, along with such proof thereof as may be available stating the manner in which the service has been effected. 6. Where the notice, order or other document has been served through another Court, the service may be proved by the deposition or affidavit of the serving officer made before the Court through which the service was effected. 7. Service effected after Court hours shall for the purpose of computing any period of time subsequent to that service be deemed to have been effected on the following day. 8. If service of any notice, order or document has not been completed within six months from the date of issue of notice, the matter shall be reported to the Court for direction after notice to the Advocates-on-record for the parties. The Court may thereupon dismiss the matter for non-prosecution or give such direction in the matter as it deems fit. ORDER XLVl COMMISSIONS 1. Order XXVI in the First Schedule to the Code with respect to commissions shall apply except rules 13, 14, 19, 20, 21 and 22 thereof. 2. An application for the issue of a commission may be made by summons in Chambers after notice to all parties who have appeared or ex-parte where there has been no appearance. 3. The Commissioner shall, if the advocate or other person examining a witness so desires, record a question disallowed by the Commissioner and the answer thereto, but the same shall not be admitted as evidence until the Court before which the deposition is put in evidence shall so direct. 4. The Court may, when the commission is not one for examination on interrogatories, order that the Commissioner shall have all the powers of a Court under Chapter X of the Indian Evidence Act, 1872 (1 of 1872), to decide question as to the admissibility of evidence and to disallow any question put to a witness. 5. Unless otherwise ordered, the party at whose instance the commission is ordered to issue, shall lodge in the Court, copies of the pleadings in the case within twenty-four hours of the making of the order and those copies shall be annexed to the commission when issued. 6. Any party aggrieved by the decision of the Commissioner refusing to admit evidence or allow a question to be put may apply to the Court to set aside the decision and for direction to the Commissioner to admit the evidence or to allow the question but no such application shall be entertained if made later than seven days after the examination of the witness has been closed. 7. After the deposition of any witness has been taken down and before it is signed by him, it shall be read over and where necessary, translated to the witness, and shall be signed by him and left with the Commissioner who shall subscribe his name and the date of the examination. 8. Commissions shall be made returnable within such time as the Court may direct. ORDER XLVII POWER TO DISPENSE AND INHERENT POWERS 1. The Court may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these rules, and may give such direction in matters of practice and procedure as it may consider just and expedient. 2. An application to be excused from compliance with the requirements of any of the rules shall be addressed, in the first instance, to the Registrar, who shall take instructions of the Judge in Chambers thereon and communicate the same to the parties, but, if, in the opinion of the Registrar, it is desirable that the application should be dealt with in open Court, he may direct the applicant to serve the other party with a notice of motion returnable before the Court. 3. The Court may enlarge or abridge any time appointed by these rules or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any enlargement may be ordered, although the application therefor is not made until after the expiration of the time appointed or allowed. 4. The Court may at any time, either of its own motion or on the application of any party, make such orders as may be necessary or reasonable in respect of any of the matters mentioned in rule 8 of Order XXIV of these rules, may issue summonses to persons whose attendance is required either to give evidence or to produce documents, or order any fact to be proved by affidavit. 5. Where there are two or more appeals arising out of the same matter, the Court may at any time either on its own motion or on the application of any party, order that the appeals be consolidated. Unless otherwise ordered by this Court the liability of the parties to pay separate Court-fees shall not be affected by any order for consolidation. 6. Nothing in these rules shall be deemed to limit or otherwise affect the inherent powers of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. *7. At any time before or as soon after the commencement of arguments at the final hearing of a case as may be feasible, the Court will ascertain from the counsel of each party to be heard the time which the counsel's arguments on the matter are likely to take. The Court may then fix the time for the arguments of each party or each counsel. The counsel may be permitted to supplement the oral arguments by written submission, but will not be allowed to exceed the time so fixed unless the Court itself considers it necessary, or desires that he should do so on any matter requiring further elucidation by oral arguments. ___________________________________________________________________________ * Inserted by G.S.R. 387 dated 13.3.1978 (w.e.f. 18.3.1978) ___________________________________________________________________________________ |