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Supreme Court (Amendment) Rules, 1973

Cite as : (1973) 2 SCC (Jour) 29


New Delhi, the 24th September, 1973

In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President, the following rules further to amend the Supreme Court Rules, 1966, namely —

1. (1) These rules may be called the Supreme Court (Amendment) Rules, 1973.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) Unless the Court otherwise orders, all petitions under Rule 7 of Order XXXV of the Supreme Court Rules, 1966, which immediately before the commencement of these rules were pending before the Supreme Court, shall be governed by the rules as in force before such commencement and all steps in connection with such petitions shall continue to be taken accordingly.

2. In the Supreme Court Rules, 1966, —

(i) In Order XXXV, for Rule 10, the following rule shall be substituted, namely:

"10. (1) Unless the Court otherwise orders, the rule nisi together with a copy of the petition and of the affidavit in support thereof shall be served on the respondent not less than twenty-one days before the returnable date. The rule shall be served on all persons directly affected and on such other persons as the Court may direct.

(2) Affidavits in opposition shall be filed in the Registry not later than four days before the returnable date and affidavits in reply shall be filed within two days of the service of the affidavit in opposition.

(3) Within four weeks of the filing of the pleadings, the petitioner shall file written brief prepared in the following manner, namely —

(a) At the outset, the brief shall contain a short summary of the pleadings essential for the decision of the points in issue. This shall ordinarily not exceed two pages;

(b) Thereafter, the petitioner shall formulate propositions of fact and law that are proposed to be advanced at the hearing citing under each of those propositions, authorities including textbooks, statutory provisions, regulations, ordinances or bye-laws or orders that are desired to be relied upon. In the case of decisions, reference shall be given to official reports, if available.

In the case of textbooks reference shall, if possible, be given to the latest Edn.. Where any statute, regulation, rule or ordinance or bye-law is cited or relied upon, so much thereof as may be necessary for the decision of the points in issue shall be set out.

(4) Within four weeks of the service of the petitioner's written brief on him, the contesting respondent shall file his written brief setting out briefly the grounds on the basis of which he is opposing each of the propositions formulated by the petitioner. Under each of those grounds he shall cite such authorities as he may seek to rely in the same manner as the petitioner is required to do under sub-rule (3). In his written brief, the respondent may raise objections as to the maintainability or sustainability of either the petition as a whole or any relief claimed therein in the form of propositions, supported by authorities in the manner mentioned earlier.

(5) Within one week of the receipt of the brief filed by the respondent, the petitioner may submit his reply brief which shall be concise and to the point in respect of the points raised in the respondent's brief.

(6) Copies of affidavits and briefs required to be filed under this rule shall be served on the opposite party or parties, and the affidavits or briefs shall not be accepted in the Registry unless they contain an endorsement of service signed by such party or parties. Every party to the proceeding shall supply to any other party on demand and on payment of the proper charges, copies of any affidavit or brief filed by him. At least seven copies of affidavits and briefs shall be lodged in the Registry.

(7) If the Court considers any of the propositions formulated or grounds taken by any of the parties in the written briefs filed as being irrelevant or frivolous the Court may award against such party or parties such costs as the Court may consider fit.

(8) At the hearing of rule nisi, except with the special permission of the Court, no party shall be allowed to advance any proposition or urge any ground not taken in the written briefs, nor shall he be allowed to rely on any authorities (including provisions of statute, rule, bye-law, regulation or order) other than those mentioned in the briefs, unless such authorities or provisions have been published or made after the written briefs were filed into court.

(9) At the hearing of rule nisi, if the Court is of the opinion that an opportunity be given to the parties to establish their respective cases by leading further evidence, the Court may take such evidence or cause such evidence to be taken in such manner as it may deem fit and proper.

(10) No party to a petition under this rule shall be entitled to be heard by the Court unless he has previously lodged his written brief in the petition."

(ii) in the Second Schedule "Fees payable to Advocate" in Part II, for item 2, the following item shall be substituted, namely:

"2. To junior advocate for drafting other petitions or affidavits (other than formal petitions like petitions for excusing delay and affidavits of service) or written briefs . . . . . 30 To senior advocate for settling other petitions or affidavits (other than formal petitions like petitions for excusing *** and affidavits in them and affidavits of service or written briefs . . . . 60."

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