RULE

THE AZAD JAMMU AND KASHMIR HIGH COURT PROCEDURE RULES, 1984 THE AZAD JAMMU AND KASHMIR HIGH COURT PROCEDURE RULES, 1984 NOTIFICATION [Dated July 15, 1984] In exercise of the powers vested in it under Section 44‑A of the Azad Jammu and Kashmir Interim Constitution Act, 1974 and Section 52 of the Azad Jammu and Kashmir Courts and Laws Code, 1949, the Azad Jammu and Kashmir High Court with the previous sanction of the Government vide No. S&GAD/JS/16/617‑24/84 dated 20‑6‑84 hereby makes the following rules, namely:‑ CHAPTER I PRELIMINARY 1. Short Title, Commencement and Application.‑-----(1) These rules may be called the Azad Jammu and Kashmir High Court Procedure Rules, 1984. (2) These shall come into force on such date as the Chief Justice may, by Notification in the Government Gazette, appoint and different dates may be appointed for different provisions of these rules. (3) These shall also apply, so far as may be, to all proceedings taken on or after the appointed date in all cases and matters then pending. 2. Repeal and Savings.‑--------- (1) The existing rules and orders dealing with the matters covered by these rules, are hereby repealed. (2) Notwithstanding such repeal, nothing contained in these rules shall affect the previous operation of the said rules or anything done, any action taken or any order made under the said rules. 3. Interpretation.‑---- In these rules, unless the subject or context otherwise requires‑‑‑ (a) "Bench" includes a Judge sitting singly; (b) "Certified" in relation to a copy means certified as provided under Section 76 of the Evidence Act, 1872.2 (c) "Chief justice in his absence includes the Judge authorized to act as such; (d) "Code" means the Code of Civil Procedure (V of 1908); (e) "Constitution" means the Azad Jammu and Kashmir Interim Constitution Act, 1974; (f) "Court" means the High Court of Azad Jammu and Kashmir and includes a Bench thereof consisting of one or more judges; (g) "Dead case" means a case which is specifically concluded by an authoritative pronouncement, or which for any other reason, has become infractions; (h) "Deputy Registrar" means the Deputy Registrar of the Court and includes an officer of the Court authorized by the Chief Justice to perform the functions of the Deputy Registrar in his absence; (i) "Division Bench" means a Bench of two Judges; (j) "Judge" means a Judge of the Court; (k) "Registrar " means the Registrar of the Court; (l) "Registry" means the Registry of the High Court of Azad Jammu and Kashmir; (m) "Government" means the Azad Government of the State of Jammu and Kashmir; (n) "Supreme Court" means the Supreme Court of Azad Jammu and Kashmir. 4. Computation of time.‑--- Were any particular number of days is prescribed by these rules the same shall be computed exclusively of the first day and inclusively of the last day, unless the last day falls on a day on which the Registry is closed, in which case the time shall be computed exclusively of that day also, and of any day or days on which the Registry continues to be closed. 5. Communication of Orders.‑-------- Every order of the Court shall be communicated to the concerned in the prescribed manner or in such other manner as may be directed by the Chief Justice. CHAPTER‑II CLASSIFICATION OF PROCEEDINGS AND REGISTERS OF INSTITUTIONS. 6. Classification of Proceedings in the High Court.‑--- The classification of proceedings in the High Court shall be as follows: (i) First appeals and second appeals which include appeals from original and appealed decrees respectively; (ii) Miscellaneous appeals which include appeals from orders whether original or appellate including those under Section 47 of the Code or under any other Special Act; (iii) Civil Revisions which refer to revisions against orders or decrees of Sub‑ordinate Courts or authorities; (iv) Miscellaneous civil cases, which include references under Section 113 and reviews under Section 114 of the Code and all such matters which are neither appeals nor revisions, nor matters that come up before the Court in the exercise of its criminal jurisdiction; (v) Criminal appeals, which include acquittal appeals; (vi) Criminal revisions which include all petitions made under Section 435 and 439 of the Code of Criminal Procedure (V of 1898); (vii) Criminal References, including those involving confirmation of sentence of death or life imprisonment; (viii) Miscellaneous criminal cases; (ix) Writ Petitions including 'Habcas Corpus Petitions under Section 491 of the Criminal Procedure Code (V of 1898); (x) Civil applications other than those expressly enumerated in this rule; (xi) Criminal trials; (xii) Miscellaneous judicial cases which means cases not falling within any of the categories herein before mentioned and include applications under Section 44 of the Constitution. 7. Registers of institutions etc.‑-------- (1) Corresponding to the classification as aforesaid, the registers of institution, disposal and other connected matters, indices etc will be maintained in Forms to be prescribed by the Chief justice from time to time. (2) Till such time as the Chief Justice prescribes such Forms, the Forms already in use in this behalf will continue to be used with such modifications and adaptations as may be considered necessary by the Chief Justice. CHAPTER III CAUSE LIST AND MISCELLANEOUS INSTRUCTIONS, 8. Constitution of Benches.‑----------- Judges shall sit alone or in such Benches as may be constituted from time to time by the Chief justice and do such work as may be allotted to them by the Chief justice or under his directions. (1) All appeals, applications and other causes sought to be filed in the Court shall be presented before the Deputy Registrar. (2) All cases presented before the Deputy Registrar shall as far as practicable, be put up for admission on. the next working day. Provided that in urgent cases the Chief Justice may direct the case to be put up for admission on the day on which it is presented. (3) After case has been admitted for hearing, the Court reader shall get the order signed by the bench concerned and send the file to the Deputy Registrar. (4) The Deputy Registrar shall, on receipt of the file, cause the necessary entries to be made in the concerned register of institutions, issue notice to the respondents or such other party as may be required, send for the record of the case and take such other steps as may be necessary to carry out the orders of the Court or to render the case ripe and ready for hearing. (5) All orders of the Court, interim or otherwise, passed in a cause shall be communicated to the party concerned or any other person or any subordinated court or authority, as the case may be, under the signature of the Deputy Registrar, and shall bear the seal of the Court. 10. Cases shall be set down for hearing before the various benches of the Court by Deputy Registrar with the approval of the Chief Justice; Provided that the Chief Justice may from time to time direct the preparation of monthly weekly or daily lists of cases set down for hearing. 11. (1) Cases shall ordinarily be set down for hearing in order of their date of admission unless otherwise directed by the Chief Justice. (2) Cases involving similar or identical points shall, as far as may be classified and grouped together and set down for simultaneous hearing if so directed by the Chief Justice. (3) The Chief Justice may weed out dead cases CHAPTER IV SEAL OF THE COURT 12 (1) The official seal used in the Court shall bear a device and impression of the Government Coat of Arms with an exergue or label surrounding the same with the inscription: "The Seal of the High Court of Azad Jammu and Kashmir" (2) The Seal shall be kept in the custody of the Registrar or such other officer of the Court as the Chief Justice may designate in this behalf. 13. The seal of the Court shall not be affixed to any Writ, Rule, Order, Summons or other' process or any other document save under the authority in writing of the Registrar or the Deputy Registrar. CHAPTER V JURISDICTION OF A SINGLE JUDGE AND OF BENCHES OF THE COURT. 14. Jurisdiction of a Single Judge.‑-------- Except as otherwise provided by these rules or by any other law for the time being in force, the following cases shall ordinarily be heard and disposed of by a judge sitting alone, namely: (1) (a) A civil first appeal from a decree or an order of a subordinate Court when the value for the purpose of jurisdiction does not exceed fifteen thousand rupees; (b) A second appeal under Section 100 of the Code (c) Any other civil appeal under any law for the time being in force where the value of the subject matter does not exceed fifteen thousand rupees; (2) A civil revision under the Code or any other law for the time being in force; (3) A suit coming before the Court in the exercise of its ordinary or extra ordinary civil jurisdiction including a proceeding on the original side of the High Court under any law for the time being in force; (4) An application under Section 22, 23 or 24 of the Code or under Section 44 of the Constitution; (5) Writ Petitions and applications under Section 491 of the Code of Criminal Procedure; (6) A criminal appeal, application or reference except; (a) an appeal or reference in a case in which a sentence of death or imprisonment for life has been passed; (b) an appeal in a case in which a sentence of imprisonment or for a term exceeding seven years has been passed; (c) an appeal under Section 417 (2) of the Code of Criminal Procedure (Act V of 1898) from order of acquittal; (d) a case in which notice has already been issued under Section 439 of the Code of Criminal Procedure (Act V of 1898) to a person accused of an offence punishable with death, life imprisonment or imprisonment not less than 7 years to appear and show cause why his sentence should not be enhanced; Provided that‑‑ (a) the Chief justice may direct that any case or class of cases which may be heard by a Judge sitting alone shall be heard by a Bench of two or more Judges; and (b) a Judge sitting alone may, if he thinks fit, refer a case or any question of law arising therein for decision to a larger Bench to be constituted by the Chief Justice. (7) A dead seas. 15. Proceedings' under the Legal Practitioners Act, 1879.‑--(1) A proceeding under the Legal Practitioners Act, 1879, as adapted in Azad Jammu and Kashmir, against a legal practitioner with respect to any unprofessional conduct or his conviction for any criminal offence shall be heard and disposed of by a bench of not less than two judges. (2) An enquiry under Section 36 of the Legal Practitioners Act, 1879 shall be a bench of not less than two judges. 16. Reference to a Larger Bench.‑--- The Chief Justice may constitute a Bench of two or more Judges to decide a case or any question of law formulated by a bench hearing the case. In the latter event the decision of such bench on the question so formulated shall be returned to the bench hearing the case and that bench shall follow that decision on such question and dispose of the case after deciding the remaining questions, if any, arising therein; Provided that whenever in any case Division Bench differs from any other Division Bench of the Court on a point of law or usage having the force of law such case or point shall be referred for decision by a larger bench to be constituted by the Chief Justice. 17. Save as otherwise Provided by these rules or other law or by any general or special order of the Chief Justice, every other case shall be heard and disposed of by a Division Bench. 18. (1) Every decision of the Full Bench shall be binding on all Division and Single Benches upon the point of law or usage having the force of law determined by the Full Bench unless it is subsequently reversed by another Full Bench of equal or larger or strength. (2) A decision of a Division Bench on a point of law or usage having the force of law shall be binding on a single Bench. 19. When the Full Bench consisting of any even number of Judges is equally divided the case shall be decided in accordance with the opinion of the Judges who agree with the view of the Senior most Judge of the Bench. 20. Except as otherwise directed by the bench concerned or by the Chief Justice a case partly heard by a bench shall ordinarily be laid before the same bench for disposal. A case in which a bench has merely directed notice to be issued to the opposite party or passed any expert order shall not be deemed to be a case partly heard by such bench. 21. (1) In the event of a difference of opinion among the judges composing any bench of the Court, the decision shall be in accordance with the opinion of the majority of the Judges. (2) If the Judges composing the bench are equally divided on any point, they shall state the point upon which they differ and the case shall then be heard upon that point by one or more of the other Judges designated for the purpose by the Chief justice and such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard the case including those who first heard it. (3) If there is no such majority then the decision shall be in accordance with the decision of the senior judge except in the case of an appeal from a decree where such decree shall be confirmed. CHAPTER VI VACATION JUDGE AND JUDGE IN WAITING 22. Vacation Judge and Judge in Waiting.‑--- The Chief Justice may appoint one of the Judges to act as Vacation Judge during the Vacation, and, if necessary, nominate another Judge as a Judge in Waiting to perform such functions as may be assigned to him. 23. Powers of the Vacation Judge.‑------- The Vacation Judge may, save where any enactment requires a case to be heard by a bench of two or more judges, exercise in urgent case original, appellate or provisional jurisdiction vested in the Court except in the following cases: (a) a criminal appeal or reference in a case in which a sentence of death or imprisonment for life has been passed; (b) an appeal from an order of acquittal under Section 417 (1) of the Code of Criminal Procedure; (c) a case in which notice has been issued under section 439 of the Code of Criminal Procedure to an accused to show cause why the sentence should not be enhanced; and (d) any civil matter, including writ petitions, of civil nature other than such applications therein as in his opinion require immediate and urgent attention. CHAPTER VII POWERS AND FUNCTIONS OF THE REGISTRAR 24. Subject to any general or special order of the Chief Justice, the Registrar shall have the following powers and functions in addition to the powers conferred upon him by other rules in relation to Civil and Criminal matters: (a) Judicial: 1. To dispose of all matters relating to service of notice or other processes excluding substituted service; 2. To receive and dispose of an application under Order XLI Rule 10 (1) of the Code; 3. To receive and dispose of an application for the return of document; 4. To require any person or party to file an affidavit with respect to any application or matter in respect of which he has power to exercise any discretion or make any order; 5. To call for further deposit when the deposit already made by the appellant in an appeal is not sufficient to defray the cost of preparing the record; and 6. To sign any decree passed by the Court after satisfying himself that it is in conformity with the judgment. (b) Administrative: 1. To sign all routine letters conveying orders passed and asking for information s required to complete cases for submission to the Chief Justice provided that matters of urgent nature shall be brought to the notice of the Chief justice; 2. To sign all pay, travelling allowance and contingent bills of the office establishment; 3. To prepare the agenda for the meeting of the Judges as directed by the Chief Justice and to record the proceedings of such meeting; 4. To scrutinize the preparation of record for the Supreme Court; and 5. To prepare the Budget, 25. The Deputy Registrar shall be ex‑officio Judicial Magistrate of the first class with powers to try in a summary way offences under the Police Act and the Motor Vehicles Act committed within the High Court premises. 26. (1) The Chief Justice may by order authorize the Registrar or any other officer of the Court: (a) to receive any application specified in the order and to direct notice to be issued on such application; (b) to verify a compromise or to record the statement on oath of any person under the orders of the Court; (c) to extend the time for submission of findings by the Court below in case in which issues have been referred for trial to that Court under Rule 25 of Order XLI of the Code; and (d) to direct that any matter be laid before the Court. (2) The Registrar or any other officer authorized under sub‑rule (1) may refer any matter to the Court for orders. (3) Any order passed by the Registrar or any other officer under sub‑rule (1) shall be subject to revision by the Chief justice on an application made by the aggrieved party within a period of two weeks or such further time as the Chief Justice may allow from the date of the order complained of. 27. The Chief justice may by order in writing authorize the Deputy Registrar or any other officer of the Court to exercise any or all the powers vested in the Registrar under the foregoing rules. 28. In the absence of the Registrar the Deputy Registrar shall exercise the functions, powers and duties of the Registrar. 29. The powers conferred upon, and the functions and duties assigned to, the Registrar or any other officer under these rules shall not be construed to be in derogation of, and shall in no manner affect, the jurisdiction of the Court. CHAPTER VIII APPLICATIONS FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS PART A. HABEAS CORPUS. 30. (1) All applications in the nature of Habeas Corpus including those under Section 491 of the Code of Criminal Procedure shall be field before the Deputy Registrar. (2) The application shall be accompanied by an affidavit of the person restrained or of any other person on his behalf and in the latter case, the affidavit shall state that the application is made at the instance of the person restrained. (3) The application shall set out concisely in numbered paragraphs the nature and circumstances of the restraint and all other facts on which the applicant relies. It shall also state if any previous application was field and if so with what result. It shall conclude with a prayer stating clearly, so far as circumstances permit, the nature of the relief sought. 31 (1) If the Court is of opinion that a prima facie case for granting the application is made out, a rule nisi shall be issued to the person in whose custody the detenue may be, and the Court may further direct the production of the detenue in Court. (2) After the service of the notice, on the day fixed for hearing or on any subsequent day to which the hearing may be adjourned if no cause is shown or if cause is shown and disallowed, the Court shall in the case of a person found illegally or improperly detained pass an order that he be set at liberty or delivered the person entitled to his custody. In other cases, the Court shall pass such orders as the circumstances of the case may require. If cause is allowed, the application shall be dismissed. The order for release made by the Court shall be a sufficient warrant to any jailor or other public servant and or other person for the release of the person under restraint. (3) All questions arising for determination under this rule shall be decided ordinarily upon affidavits, but the Court any direct that such question as it may consider necessary be decided on such other evidence and in such manner as it may deem fit and in that case it may follow such procedure and pass such orders as may appear to it to be just. (4) In disposing of an application under this rule, the Court may make such order as to costs as it may consider just and proper. (5) Any order passed by the Court shall be communicated for compliance to such person or persons as may be necessary. PART B. MANDAMUS, PROHIBITION, CERTIORARI, QUO WARRANTO ETC. 32 (1) An application under Section 44 of the Constitution for a direction, order or writ in the nature of mandamus, prohibition, certiorari, quo warrant etc., other than a writ in the nature of habeas corpus shall be filed before the Deputy Registrar. (2) The application shall set out the name and description of the applicant, the exact nature of the relief sought and the ground on which it is sought, and shall be accompanied by an affidavit verifying the facts relied on, a certified copy of the impugned order and at least two copies thereof including annexures if any, in addition to separate copy for each one of the respondents. The annexures accompanying the petition shall be marked numerically in red ink by the petitioner and the petition shall be properly indexed. 33 (1) Every such application shall be placed for admission before a Division Bench to be constituted by the Chief Justice as far as practicable on the next working day or if so directed by the Chief Justice on the day on which it is filed and after its admission shall ordinarily be heard by a judge sitting alone unless the bench admitting the petition directs otherwise. (2) Notwithstanding anything herein before contained the Chief Justice may, if he deems necessary authorize a judge sitting alone to hear such petition for admission. (3) A Bench hearing a petition for admission may before admitting the same direct issuance of notice to the party affected to show cause why the petition be not admitted and may fix a date on which the notice is to be returnable. After service of the notice mentioned above, the petition shall be placed for admission before any Bench constituted by the Chief Justice. 34. Where an application for stay or any other interim relief is made in any such petition no order shall be passed thereon unless seven days' notice of motion has been served by the petitioner on the person sought to be affected by the order: Provided that the bench may in emergent cases dispense with the notice of motion or curtail the period thereof. 35. (1) Every notice including a notice of motion shall be served on the person affected or any other respondent by registered post (acknowledgment due) at the expense of the petitioner or in any other manner directed by the Court. (2) Notice to be served on a Government servant shall be sent direct to' such Government servant without its being routed through his head of department and such notice shall be deemed to be duly served upon such Government servant. 36. (1) After the person affected or the respondent is served or appears before the Court he shall file his objections and other documents along with at least two copies thereof within a month from the date of his appearance unless the Court directs otherwise. Before, however, filing his 'objections the respondent shall give a copy of the objections also the annexure and documents accompanying the same to the petitioner or his counsel against a proper receipt to be filed along with the objections. (2) After the objections are filed by the respondent, the petitioner may,' with the leave of the Court file an affidavit and any document in .rejoinder along with at least two copies thereof within a week or such time as the Court may direct and serve a copy thereof on the respondent or his counsel. 37. On any hearing of such petition, any person who desires to be heard in opposition to the motion and appears to the Court to be proper person to be heard shall be heard notwithstanding that he has not been served with the notice of motion and shall be liable to costs ordered by the Court in its discretion. The procedure prescribed in rule 35 shall be applicable to such person as well. 38. All questions arising for determination under rules 31 to 36 shall be decided ordinarily upon affidavits and documents but the Court may direct that such questions as it may consider necessary be decided on such other evidence and in such manner ‑as it may deem fit and in that case it may follow such procedure and may pass such order as may appear to it to be just. 39. When an application has been rejected, it shall not be competent for the applicant to make a second application on the same facts. 40. Any orders passed by the Court shall be communicated for compliance to such person or persons as may be necessary. 41. The Court may in such proceedings impose such terms as to cots and as to the giving of security as it deems fit. 42. Without prejudice to the foregoing rules, the provisions of the Code shall as far as practicable apply to the proceedings under Part B of this Chapter. CHAPTER IX A. APPLICATION FOR REVIEW OF JUDGMENT. 43 (1) The Court may review its judgment or order but no application for review shall be entertained except on the grounds mentioned in Order XLVII Rule 1 of the Code. (2) An application for review shall set forth the ground on which a review is sought, plainly and concisely. It shall be signed by a Counsel and shall contain a certificate by an Advocate of the Court that it is supported by proper grounds in the following form namely:‑ 'I .. Advocate for the above named .. petitioner do hereby certify that I have perused the judgment and the relevant record of the case and in my opinion the grounds contained in the petition are good and sufficient for the review sought". No such application shall be entrained by the Court without the aforesaid certificate. (3) An application for review shall be accompanied by a certified copy of the impugned judgment or order and of the decree, if necessary, with one spare copy thereof; and when the application proceeds on grounds of the discovery of fresh evidence, certified copies of the documents, if any, relied upon with one spare copy thereof, shall be annexed with the application together with an affidavit setting forth the circumstances under which such discovery has been made. (4) An application for review shall be filed before the Deputy Registrar within thirty days after the judgment is delivered in the appeal, cause or matter unless the Court for sufficient cause condones the delay beyond 30 days. (5) If any application for review of a judgment cannot be heard in the manner provided in Order XLVII Rule 2 of the Code, such application shall be heard by such Judge or judges as the Chief Justice may direct. B. REVISION PETITIONS. 44 (1) A revision petition under Section 115 of the Code shall be accompanied by: (a) a certified copy of the decree or order sought to be revised; (b) a certified copy of the judgment, if any, on which the decree or order is based, unless its production is dispensed with by the Court; and (c) duly filled in and properly stamped memorandum in the sub‑joined form for issue of notice to respondent. FORM Name Father's name Occupation, Address for service and in case of if any District, Tehsil, Village minor guardian's (if town) street and door name. number. (2) No Civil Revision petition shall be presented after ninety days from the date of the impugned order: Provided that the Court may, on sufficient cause shown, condone the delay in presentation. CHAPTER X JUDGMENTS, DECREES AND ORDERS. 45. Pronouncement of Judgments.‑------(1) The Court after a case has been heard, shall pronounce judgment in open Court, either at once or on some future day of which due notice shall be given to the parties or their Advocates; or it may announce the operative portion of the judgment leaving a reasoned judgment to be followed thereafter which shall bear the date of announcement of the operative as also that of the reasoned judgment. Notification in the Cause List shall be deemed to be sufficient notice under this Rule. (2) All judgments and orders shall be written, recorded drawn and signed either in English or in Urdu. (3) The judgment shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision. (4) Where a case is heard by a Judge sitting alone and judgment is reserved, his judgment may, when he is not readily available, be pronounced by any other Judge. (5) Where a case is heard by two or more Judges and judgment is reserved, their judgment or judgments may be pronounced by any one of them. If no such judge is readily available, such judgment or judgments may be pronounced by any other judge. 46. Preparation and Contents of Decree or Formal Order.‑--- (1) After proceeding in the nature of a suit has been heard and decided, a decree or formal order shall be drawn up by the Registrar in conformity with the judgment and signed by him and sealed with the seal of the Court. The decree or formal order shall bear the same date as the judgment or order, as the case may be. (2) The decree or formal order shall be drawn up in the language of the Court and shall bear the date of the day on which the judgment or order upon which it is founded was delivered. It shall contain the nature, number and year of the case, the names with description of the parties, the names of their Advocates, and a clear specification of the relief granted or other adjudication made. It shall also state the amount of costs incurred in the case and by whom and in what proportion such costs are to be paid. (3) (a) Where the Court has passed an order that the parties shall bear their own costs or has passed no order as to cost, no costs shall be allowed except such sum as they have been ordered to be paid by a party irrespective of the result of the case. (b) Where a party is only partially successful and costs are ordered to be paid in proportion to the success of such party the amount of all taxable costs payable to it shall be proportionately reduced. (4) As soon as a decree or a formal order has been drawn up the Registrar shall cause a notice to be exhibited on the notice board stating that such decree or order has been drawn up and that it may be inspected by any party or by his Advocate within ten days from the date of the posting of the notice. (5) When such notice has been posted, any party or his Advocate may, before the expiry of the time prescribed in the last preceding sub‑rule, inspect the decree or the formal order as the case may be, and either sign it or file an objection to it on the ground that there is a clerical error or omission in the decree or the formal order, or that decree or formal order is not in accordance with the judgment. Every such objection shall state clearly what the clerical error or omission is or in what respect the decree or formal order is not in conformity with the judgment and it shall be signed and dated by the party objecting or his Advocate. (6) When any objection is filed under the last preceding sub‑rule, the Registrar shall put up the case together with the judgment therein, the draft decree or formal order and the objection for order before the judge or Judges, or one of them, who delivered the judgment, or if such Judge or Judges has or have ceased to be attached to the Court or be absent on account of any cause, then before such Judge or Judges as the Chief Justice may direct. (7) If no objection filed under sub‑rule (5) of this rule the Registrar shall sign the decree or formal order and seal it with the seal of the Court on the expiry of the period specified in the aforesaid sub‑rule. (8) In the case of any doubt or difficulty with regard to a decree or order made by the Court, the Registrar shall, before issuing the draft submit the same to the Court. 47. A decree passed or an order made by the Court in any proceeding shall be transmitted by the Registrar for compliance to the Court or the authority to which it concerns. 48. (1) Pleaders may not appear on the appellate side of the Court; Advocates alone shall be granted audience. (2) No Advocate of more than seven years standing at the Bar shall appear in a civil or criminal appeal unless he is assisted by another Advocate competent to appear in such case. CHAPTER XI CIVIL APPELLATE JURISDICTION 49. Chapter X of these rules relating to judgments, decrees and orders shall mutatis mutnadis apply to appellate judgment, decree and orders. (1) An application for leave to appeal as a pauper shall not be received by the Deputy Registrar unless it is accompanied by a memorandum of appeal nor a memorandum of appeal unless it is accompanied by an application for leave to appeal as a pauper. (2) No such application or memorandum shall be received by the Deputy Registrar from any person other than the alleged pauper, unless it appears, on the face to the application, that the alleged pauper is a person who is exempt under Section 132 or Section 133 of the Code from personal appearance in Court. (3) If such application or memorandum is presented by a person other than the alleged pauper, it shall not be received unless presented by a duly authorized agent who is in a position to answer all material questions relating to the application and who is willing to be examined in the same manner as the party represented by him might have been examined had such party attended in person. (4) Every such application presented by an agent shall state on the face thereof that the applicant is a person exempted from personal appearance in Court under the provisions of Section 132 or Section 133 of the Code and shall not be received by the Deputy Registrar unless it contains such statement. (5) When an application or memorandum of appeal is one that Deputy Registrar cannot receive under the foregoing directions he shall record or cause to be recorded thereon the name of the person presenting such application or memorandum, the date of its presentation and an order returning the same for due presentation with the reason for such order, and shall sign and date such order with his own hand. (6) The Deputy Registrar shall, after he has received any such application or memorandum, cause the personal appearance of the applicant or his duly authorized agent, in case the applicant is exempted from personal appearance in Court before the Chief Justice. 51. (1) Where an appeal, revision or review petition is instituted in the name of a minor or a person of unsound mind, the next friend shall file with the memorandum an affidavit stating therein that he has no interest directly or indirectly adverse to that of the minor or the person of unsound mind, as the case may be, and that he is otherwise a fit and proper person to act as such next friend. In the case of minor appellant, the age of the minor shall also be stated. (2) Whenever a respondent who is minor or a person of unsound mind appears through his natural guardian or any person other than an Advocate appointed by the Court to act as his guardian, such guardian or person shall file an affidavit to the effect that his interests are not in any manner adverse to those of the minor or the person of unsound mind, as the case may be. 52. When a minor appellant or respondent attains majority and elects to proceed with the appeal without the next friend or the guardian, as the case may be, he shall file an affidavit in support of his application to this effect and the Court may thereafter record the fact and discharge the next friend or the guardian. 53. In the event of non‑appearance of the natural guardian of a minor respondent despite service or of his refusal to act as guardian the Court may appoint an Advocate to act as guardian for the minor without any notice to the minor or his natural guardian. 54. When a guardian appointed for minor respondent is not in possession of any or sufficient funds for defending the property in dispute, on behalf of the minor the appellant or the petitioner may from time to time be ordered by the Court to advance money to the guardian for the purpose of his defence and all money so advanced shall form costs of the appellant/petitioner in the appeal. The order shall direct that the guardian shall, when so directed file in Court an account of money so received by him. 55. The provisions contained in this Chapter as also the provisions contained in Order XXXII of the Code shall, as far as practicable, apply to all appeals and applications of civil nature, wherein a minor or a person adjudged to be of unsound mind or person who though not. so adjudged, is found by the Court on inquiry by reason of unsoundness of mind or mental infirmity to be incapable of protecting his interests is a party. CHATPER‑XIII SUBSTITUTION OF LEGAL REPRESENTATIVES. 56 Every application under Order XXII Rules 3 and 4 of the Code shall in addition to any particulars required by law, state approximately the date of the death of the deceased party. 57. Every application under Order XXII of the Code shall, as to the allegations of fact contained in such application, be verified by affidavit and shall ordinarily be presented to the Deputy Registrar who shall cause the date of presentation to be entered thereon. 58. The Deputy Registrar shall examine the application and if it does not satisfy the requirements of the Code or of these rules in that behalf, may return it to the person presenting it, for amendment and representation within the time to be noted on such application under his signature or may place the application before the Court for orders. 59. Every person admitted on the record as the Legal representative of a deceased party shall be described as "the legal representative of AB deceased appellant or respondent" and the record of the proceedings shall be amended accordingly in red ink. 60. The provisions contained in this Chapter as also the provisions contained in Order XXII of the Code shall apply so far as may be practicable to all proceedings of civil nature. CHAPTER XIV PROCEDURE IN CRIMINAL CASES A. CRIMINAL APPEALS. 61. (1) Criminal appeals other than jail appeals shall be presented to the Deputy Registrar. The name of the father of each appellant and his residence shall be stated in the petition of appeal. (2) Jail appeals may be received by post direct or through the officer incharge of the jail. In the case of such appeal, the Deputy Registrar shall place the petition of appeal with the copy of the judgment or order appealed against before the bench constituted by the Chief justice for admission, if the appeal is admitted, it shall be dealt with in the manner prescribed for appeals which are filed under sub‑rule (1) above. 62. (1) A criminal appeal shall be in the form of a petition in writing which shall be accompanied by a certified or attested copy of the judgment or order appealed against. (2) The Deputy Registrar shall refuse to receive an appeal referred under rule 60 (1) if it does not comply with the provisions contained in sub‑rule (1) above. 63. An appeal presented under rule 60 shall before posting the same for admission be given to the clerk concerned who shall report whereon whether it is within time and otherwise in order. 64. When an appeal has been admitted, the Deputy Registrar shall send for the record, fix a date for hearing and cause notice to issue in the prescribed forms. 65. Where the appeal is by a convicted person, notice shall be issued to the Advocate General and in case where the appeal is by the Government notice shall be issued to all the accused persons. 66. Where a petition of appeal contains a prayer for bail or the appeal is accompanied by separate application for bail, a copy of the same shall be given to the Advocate General at least 24 hours before the presentation of the appeal before the Deputy Registrar. 67. After the record of the lower court is received, the notices are served and the case is ready for hearing, the Deputy Registrar shall list the appeal for hearing before the bench constituted by the Chief justice. 68. Where the accused person is not represented by a counsel, the bench or the Chief Justice may, in a suitable case, direct the appointment of an Advocate at the cost of the Government. The fee of the Advocate so appointed shall be fixed by the Chief Justice. 69. The Court may, where it thinks fit to do so in the interest of justice direct the production of an accused person in custody at the hearing of the appeal to enable him to argue his case or for other reasons. 70. On disposal, if the conviction has been set aside or a reduction or change made in the sentence, the Deputy Registrar shall at once prepare a formal order in accordance with the operative portion without waiting for the judgment and shall communicate the same to the concerned immediately. B. CRIMINAL REVISIONS. 71. Cases may be taken up in revision in the following ways, namely:‑ (a) upon a report by a Sessions judge or a District Magistrate under Section 438 of the Code of Criminal Procedure: (b) upon a petition received from jail; (c) upon a petition presented by a party; (d) upon an order by a judge on perusal of a Session statement; or (e) upon an order by a Judge on examination of the periodical return or on inspection of the record of any case or otherwise. 72. Report submitted to the Court for revision of sentence or order under section 438 of the Code of Criminal Procedure, shall be in the form specified in Schedule A. SCHEDULE "A" Name of the Court making reference .. Criminal Reference No .. of .. A son/daughter/widow of .. C son/daughter/widow of . resident of . resident of .. (Petitioner) (Respondent) (i) Brief facts of the case. (ii) Sentence or order passed by the Magistrate, and the name and powers exercised by the Magistrate. (iii) Particular portion of the sentence or order impugned. (iv) Grounds on which the sentence is made and the sentence or order is sought to be revised. (v) Extent of sentence that the accused has undergone, and if he has been sentenced to fine or whipping whether the fine has been realized or the whipping has been inflicted. (vi) Recommendation made by the Sessions Judge or the District Magistrate. Date (Sd.) Sessions Judge District Magistrate 73. If a Judge upon a perusal of a Session statement or upon an examination of a periodical return or upon inspection of the record of any case or upon a petition filed in the Court orders: (i) that the record be sent for, the Deputy Registrar shall immediately send for the record and on receipt thereof submit it to the judge who passed the order; (ii) that a rule be issued, the Deputy Registrar shall fix a date for hearing and cause notice to issue in prescribed form; (iii) that a rule be issued and the record sent for, the Deputy Registrar shall fix a day for hearing and shall issue notices in the prescribed form and send for the record. 74. In appealable cases, a petition, other than a petition forwarded by the Superintendent of a jail or received by post from a prisoner in jail, presented to the Court for revision of an order of a subordinate court of appeal under Section 439 of the Code of Criminal Procedure may, save when the Chief Justice directs otherwise, be refused by the Deputy Registrar unless it is accompanied by a certified or attested copy of the grounds of appeal taken in the lower appellate court. 75. A case in which notice has been issued to an accused person to show cause the sentence awarded to him be not enhanced and the accused person is not represented by a counsel, the bench or the Chief justice may direct the appointment of an Advocate at the cost of Government. The fee of the Advocate so appointed shall be fixed by the Chief Justice. 76. A revision petition filed against an order of acquittal shall be heard along with the appeal if any preferred against such acquittal. C. REFERENCE IN CRIMINAL CASES. 77. (1) When proceedings are submitted to the Court under Section 374 of the Code of Criminal Procedure, the Deputy Registrar shall cause the record to be examined forthwith and entered in the concerned registers. (2) If the record is in order, the Deputy Registrar shall, with the approval of the Chief justice, fix a date for hearing the reference. (3) After the case is disposed of, the record shall be returned by the bench reader to the clerk concerned in the Court section of the Registry who shall at once prepare a formal order in the prescribed form in accordance with the operative portion of the judgment without waiting for the judgment, a copy of which shall be subsequently sent to the concerned Court. 78. In any proceeding submitted to the Court under section 374 of the Code of Criminal Procedure for confirmation of a sentence of death or life imprisonment, if the accused is unrepresentative, the Deputy Registrar shall lay the case before the Chief Justice for appointment of an Advocate for the defence of the accused at Government expense. The fee paid to the Advocate so appointed shall be fixed by the Chief Justice. D. ACQUITTAL APPEALS UNDER SECTION 417 OF THE CODE OF CRIMINAL PROCEDURE. 79. Acquittal appeals under section 417 of the Code of Criminal Procedure comprise appeals against acquittals recorded in cases instituted upon complaints and cases registered by the police and subsequently challenged in Court. 80. (1) An order of acquittal passed in case instituted upon a complaint is not appealable without special leave to appeal by the Court. (2) An application for grant of special leave to appeal shall be filed within 60 days from the date of the order of acquittal sought to be appealed against. (3) An application for grant of special leave to appeal against an order of acquittal shall be filed before the Deputy Registrar. It shall sufficiently state the facts of the case and the grounds on which the order is sought to be set aside, and shall be accompanied by a copy of the judgment or order sought to be appealed against, and, in the case of an acquittal recorded in appeal, a copy of the judgment of the trial court. (4) The application shall not be made by a notice of motion. The Deputy Registrar shall list the application before a Single Bench of the Court under the directions of the Chief Justice for orders as to issue notice. If the Court is of opinion that a prima facie case for allowing the application is made out, the court shall grant special leave to appeal. (5) After the special leave to appeal has been granted, the appellant shall file a petition of appeal within thirty days of the order granting special leave to appeal and the Deputy Registrar shall thereafter place the petition or appeal before the Court for orders. (6) After the case is ready it shall be placed before the Court for hearing. 81. Rules 60 to 69 contained in Part A of this Chapter relating to Criminal Appeals shall mutatis mutandis apply to the appeals under section 417 of the Code of Criminal Procedure. E. CUSTODY OF RECORDS IN CRIMINAL CASES. 82. (1) Immediately on receipt of record in a criminal case in the office 'of the Court, the receipt clerk shall examine the condition of the cover and shall note on the record the date of its receipt and the condition of the cover. at the time of its receipt. He shall forthwith deliver the record to the clerk concerned who shall personally examine the same and make a note stating whether the record is in order or defective and if defective, the particulars in which it is defective. (2) If on examination it is ascertained that any paper is missing from the record or is, in any manner, mutilated or that the record is in any other respect defective, the clerk shall forthwith report the fact in writing to the Deputy Registrar. 83. At the conclusion of any case before the Court in exercise of its criminal jurisdiction the part of the record called for from the lower court shall be returned with a copy of the judgment with directions for its disposal in terms of the contents of the judgment. The remaining portion of the record shall be consigned to the criminal record room of the Court. CHAPTER‑XV AFFIDAVITS. 84 (1) The Court may, at any time, for sufficient reasons, order that any particular fact or facts may be proved by affidavit or that the affidavit of any witness may be read at the hearing on such conditions as the court thinks reasonable: Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross examination and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit. (2) Upon any application evidence may be given by affidavit; but the Court may at the instance of either party, order the attendance for cross examination of the deponent unless the deponent is exempt from personal appearance in the Court or the Court otherwise directs. 85. (1) Every affidavit filed in the Court shall be entitled "In the High Court of Azad Jammu and Kashmir" and shall set forth the cause title of the proceeding in which the affidavit is sought to be used in evidence. An affidavit in support of, or in opposition to, an interlocutory application relating to any proceeding pending in the Court shall also be entitled as made in such proceeding. (2) Every person making an affidavit shall be described in such manner as will serve to identify him clearly, that is to say, by the statement of his full name, the name of his father, his age, his profession or trade and the place of his residence. (3) An affidavit shall be drawn up in first person and confined to statement of facts and be divided into numbered paragraphs, each paragraph being confined, as nearly as may be, to a distinct portion of the subject and the declarant shall sign his name at the foot of each page of the affidavit. Every affidavit shall be signed or marked and verified at the foot by the declarant. A separate verification at the foot of the affidavit shall indicate what facts stated in the affidavit are based on his personal knowledge, information or belief. 86. Where a specific time is limited for filing affidavits, no affidavit filed after that time shall be used except by leave of the Court. 87. The Deputy Registrar may refuse to receive an affidavit where in his opinion the interlineations, alteration or erasures are so numerous as to make it expedient that the affidavit should be re‑written. 88. An affidavit intended for use in the Court may be sworn before any authority mentioned in section 139 of the Code or before any Officer of the Court, or before the Presiding Officer of any Court or before a Magistrate or a Sub‑Registrar or before an Oath Commissioner, appointed under these rules. 89. (1) All documents referred to in the affidavits shall be referred to as Annexures and shall be marked in the same manner as exhibits and shall bear a certificate signed by the Officer before whom the affidavit is sworn in the following form, namely: "This is the Annexure marked Exhibit A or Exhibit 1 (as the case may be) referred to in affidavit of A son of B resident of C sworn or confirmed before me this day of 19 Signed (CD) Designation' (2) When the affidavit is sworn by the appellant or applicant the annexures referred to therein shall be marked in numerical order and when the affidavit is sworn by the respondent or now‑applicant the annexures therewith shall be marked in alphabetical order. 90 (1) The Officer or authority before whom an affidavit is made shall state the day when and the place where the same is sworn and sign his name and designation at the end in the following form: Sworn (or solemnly affirmed) at ..on .this .day of .19 .before me by .who is identified by ............or who is personally know to me. Signed (CD) Designation. Signature or the Thumb Signature or the Thumb Impression of the Deponent Impression of the Identifying Witness. (2) Where the deponent is a Parda Nashin lady, she shall be identified by a person to whom she is known and that person shall prove the identification by a separate affidavit. (3) The deponent, if not personally known to the officer or person whom the affidavit is sworn, shall be identified by some person known to the Officer or person, and the officer or person shall specify at the foot of the affidavit the name and description of the person identifying the declarant. (4) If the declarant is not known to the officer or person before whom the affidavit is made and cannot be identified as in sub rule (3) above, the impression of the thumb of the declarant's left hand shall be taken at the foot of the last page of the affidavit and the following certificate shall be added to it, namely:‑ "Certified that this is the impression of the thumb of the left hand of the declarant of the above affidavit. Signed (AB) Designation. " (5) If the declarant is ignorant of the language in which the affidavit is written, or appears to be illiterate or blind, the officer or person before whom it is made shall cause the affidavit to be read out and explained to the person in his presence in the language which the declarant understands. When the affidavit has been explained to the declarant and admitted by him to be correct he shall be sworn or affirmed in the usual manner and the following certificate shall be recorded at the foot of the affidavit by the person before whom it is sworn or affirmed:‑ "Sworn (or solemnly affirmed) at ............................... . .on this . .day of .19. . .before me. The contents of this affidavit and the exhibits (if any) referred to therein have been first truly audibly read over to the declaring in .he being acquainted with .or being blind in .who appeared perfectly to understand the same and made his mark thereof (or signed his name) in my presence. Signature or Thumbed Impression Signed (AB) of the Deponent. Designation." (6) All alterations, erasures and interlineations, if any, shall, before the affidavit is sworn and affirmed, be authenticated by the initials of the officer or person before whom the affidavit is sworn, and no affidavit having any alterations, erasures or interlineations not so authenticated shall, expect with the leave of the Court, be filed or made use of in any manner. 91. When upon any application any evidence is to be given, such evidence shall ordinarily be given by affidavit, as‑ provided by Order XIX Rule 2 of the Code and not otherwise unless ordered by the Court. 92. Facts asserted by a party showing cause against any appeal, application or petition supported by affidavit shall likewise be supported by affidavit, whether the facts asserted be in contradiction of the facts asserted in support of the same or be fresh‑matter. Such affidavit may be presented before the date fixed for the hearing of the appeal, application or petition. CHAPTER‑XVI OATH COMMISSIONER. 93. Subject to the conditions laid hereinafter, the Chief justice may from time to time appoint such persons as he may consider fit to be Oath Commissioners specifying the period or periods for which they have been so appointed. 94. The Oath Commissioners appointed under Rule 92 above shall have the authority to attest affidavits in accordance with the rules prescribed in this behalf. 95. Such fee shall be paid for the attestation of affidavits before Oath Commissioners as may be prescribed from time to time by order of the Chief Justice. 96. Oath Commissioners shall be entitled to receive any separate remuneration except that prescribed in Rule 94 for discharging their duties as such. 97. A person shall not be qualified for being appointed as an Oath Commissioner unless he is a Law Graduate or a Legal Practitioner, or any other person who is in the opinion of the Chief Justice has kept himself in touch with and gained sufficient experience in the knowledge and application of law. 98. The Chief justice may in his discretion remove an Oath Commissioner from his office without assigning any cause. 99. (1) Oath Commissioners shall maintain a register or registers which shall contain the following particulars with respect to each affidavit sworn before them, namely: (a) Serial number; (b) Date and time of making affidavit; (c) Particulars of the case to which affidavit related; (d) Full particulars of person making the affidavit; (e) Particulars of the person identifying him; (f) Fee paid; (g) Name of Oath Commissioner before whom affidavit is sworn and (h) Signature of Oath Commissioner and remarks, if any. (2) The Chief Justice may from time to time fix the numbers of registers to be maintained and add to or alter the particulars required to be entered therein. (3) The register maintained under this rule shall be open to inspection by a Judge of the Court, the Registrar and the District Judge of the District where the Oath Commissioner carries on his ordinary business. 100. Each affidavit shall have recorded on it the number and the date of the entry. 101. An Oath Commissioner shall not allow an affidavit to be sworn before him unless it fully complies with the provisions of this Chapter. 102. All Oath Commissioners shall deposit their registers as maintained by them under Rule 98 with the Registrar High Court before the 2nd. week of May each year and shall maintain for the succeeding year fresh registers in accordance with these rules. CHAPTER‑XVII COUNSEL'S FEES. 103. (1) Fees to be Included in costs only if actually paid to Counsel.‑----In drawing up a decree or order no fee to any Legal Practitioner, not appearing for the State or the Court of Wards as a party, shall be allowed between party and party or shall be included in any decree or order except in the case of an order on an application for adjournment unless the judge is satisfied that the fee was paid to such Legal Practitioner at or before the commencement of the hearing of the suit, appeal or application concluded by the delivery of the judgment or by the making of the order by which costs become payable and unless at or before such time there shall have been delivered to the Court a certificate signed by the Legal Practitioner certifying the amount of the fee or fees actually paid to him for his own exclusive use and benefit by or on behalf of his client, together with an affidavit made by such client or his authorized agent: Provided that in any case the Court may, for valid reasons to be recorded by it, accept a certificate for fees filed after the time mentioned above. EXPLANATION:--------By the word "hearing" is meant the hearing referred to in Order XVIII Rule 21 or Order XLI Rule 12, as the case may be, but not the day to which such hearing is adjourned. (2) The Certificate of Payment.‑------ The certificate mentioned in sub‑rule (1) above shall be, so far as is possible, in the following form: In the Court of the of between and....for the purpose having my fee allowed against I hereby certify that in the above case the following fees were paid to me on the date and by the person or persons specified below, and that such fees were paid to me at or before the commencement of the hearing of the suit, appeal or application, and that the entire amount so paid was actually paid to me for my own exclusive use and benefit, and that no portion thereof has been, or has been agreed to be, returned or remitted or appropriated to the use of any other person by me or by any one acting on my behalf. Matter Fee Date of payment By whom paid Address of person who actually made such payment. Date Address of Legal Practitioner .. Signature Filed on the day of ..by (3) Nothing in this rule shall be deemed to authorize the allowance between party and party of any fee in excess of that allowed in these rules. 104 Scale of Counsel's Fees.‑ The fees in respect of the employment of Legal Practitioner may, subject to the provisions of these rules, be allowed as between party and party in suits, appeals and other proceedings, to the party or parties entitled to be paid costs under a decree or an order of a Court by any other party or parties. The Party entitled under a decree or an order to be paid costs in suit by another party shall not be entitled to any larger allowance for Legal Practitioner's fees in the suit, including all proceedings in the execution of the original decree that the fee hereinafter provided for in these rules, which may be applicable to the case. Similarly the party in an appeal entitled under a decree or an order to be paid costs by another party shall not be entitled to any larger allowance for Legal Practitioners fee in the appeal, including in the execution of the appellate decree, than the fee hereinafter provided for in these rules which may be applicable to the case: Provided always that no fees shall be allowed or included in any decree or order, the payment of which has not previously been certified and vouched in accordance with the provisions of these rules: Provided further that this rule shall not apply to an order of costs made on account of adjournment. For the purpose of this rule "Legal Practitioner includes an Advocate and Pleader. ILLUSTRATION.‑--------- A plaintiff who has obtained a decree in a contested suit in which the claim is rupees five thousand and who has obtained a decree or an order for costs and has filed the requisite certificates and affidavits shall not be entitled to a larger allowance in respect of Legal Practitioner's fee in the suit and in all proceedings therein, including the execution of the original decree, than two hundred and fifty rupees. Should there be a contested appeal from the original decree in such suit, the value of appeal be rupees five thousand the litigant in such appeal who has obtained a decree or an order for costs and has filed the requisite certificates and affidavits, shall not be entitled to larger allowance in respect of Legal Practitioner's fees in the appeal and in all proceedings therein including proceedings in the execution of appellate decree than two hundred and fifty rupees. A. IN SUITS OR APPEALS FOR MONEY, EFFECTS, PERSONAL PROPERTY OR FOR LAND OR IMMOVABLE PROPERTY OR BREACH OF A CONTRACT OR DAMAGES. In suits or in appeals from original or appellate decree in suits for money, effects or other personal property or for land or other immovable property of any description or for the breach of any contract or damages, when such suits or appeals are decided on merits after contest: (1) if the amount or the value of the plaint does not exceed Rs. 5,000/‑, 5 per cent; (2) if the amount or value exceeds Rs. 5,000/‑ and does not exceed Rs. 20,000/‑, on Rs. 5,000/‑ as above and on the remainder 2 per cent; (3) if the amount or value exceeds Rs. 20,000/‑ and does not exceed Rs. 50,000/‑ on Rs. 20,000/‑ as above and on the remainder 1 per cent; (4) if the amount or value exceeds Rs. 50,000/‑ and does not exceed Rs. 80,000/‑ on Rs. 50,000/‑ as above and on the remainder 1/2 per cent; (5) if the amount or value exceeds Rs. 80,000/‑ on Rs 80,000/‑ as above and on the remainder at 1/4 per cent subject to a maximum of Rs. 1,500/‑. B. IN SUITS OR APPEALS DISMISSED FOR DEFAULT, DECIDED EX PARTS OR ON CONFESSION OR JUDGEMENT OR REJECTION OF APPEAL UNDER ORDER XLI OF C.P.C. When such suits or appeals are dismissed in default or decided ex parte or on confession or judgement or when an appeal is rejected under Order XLI Rule 10 of the Code of Civil Procedure: (1) if the amount or value of the claim does not exceed Rs. 5,000/‑ not exceeding 2‑1/2 per cent; (2) if the amount or value exceeds Rs. 5,000/‑ and does not exceed Rs. 20,000/‑ on Rs. 5,000/‑ as above and on the remainder not exceeding 1 per cent; (3) if the amount or value exceeds Rs. 20,000/‑ and does not exceed Rs. 50,000/‑ on Rs. 20,000/‑ as above and on the remainder not exceeding 1/2 per cent; (4) if the amount or value exceeds Rs. 50,000/‑ and does not exceed Rs. 80,000/‑ on Rs. 50,000/‑ as above and on the remainder not exceeding 1/4 per cent; (5) if the amount or value exceeds Rs 80,000/ not exceeding Rs. 500/‑. C. IN APPLICATIONS UNDER THE ARBITRATION ACT. (1) If the amount or value of the claim does not exceed Rs. 5,000/‑ not exceeding 2‑1/2 per cent; (2) if the amount or value exceeds Rs. 5,000/‑ and does not exceed Rs. 20,000/‑ on Rs. 5,000/‑ as above and on the remainder not exceeding 1 per cent; (3) if the amount or value exceeds Rs. 20,000/‑ and does not exceed Rs. 50,000/‑ on Rs. 20,000/‑ as above and on the remainder not exceeding 1/2 per cent; (4) if the amount or value exceeds Rs. 50,000/‑ and does not exceed Rs. 80,000/‑ on Rs. 50,000/‑ as above and on the remainder not exceeding 1/4 per cent; (5) if the amount or value exceeds Rs 80,000/‑ not exceeding Rs. 5001‑. D. In appellate proceedings under the Guardian and Wards Act and all other special enactments in force in the State and in all other proceedings not herein before provided for, as the Court may direct. E. IN ENQUIRY REGARDING PAUPERISM UNDER ORDER XXXIII AND XLIV. In an enquiry as to pauperism under Order XXXIII and XLIV of the Code of Civil Procedure, the fee payable to Government Pleader, who has opposed an application for leave to sue as pauper, or has applied for the dispuapering of the plaintiff, shall be ten per centum on the amount of the Court fees that would be payable on the plaint if the suit were not brought by a person alleging pauperism provided that no fee in excess of Rs. 751‑ shall be payable under this sub‑rule. A Government Pleader, who takes out execution or decree without having appeared in Court in the proceedings prior to the decree, is entitled to, the fee prescribed in the first part of this sub‑rule. F. (i) In Review, if former order upheld.‑ If a review is rejected after summoning the opposite party or if, after the admission of a review petition the former judgement be upheld, the fee, if allowed to the successful party in the review, shall be fixed by the Court to an amount which shall not in any case exceed one half of the amount allowed by these rules in case of an original decree. (ii) In review, if former judgement reviewed.‑--- If after the admission of a review petition, the former judgment be revised the fee in respect of the review if allowed to the party who succeeds in the review, shall not exceed one half of the amount allowed by these rules in case of an original decree. The fee allowed in respect of the review will be irrespective of any fee which may be included in any costs in respect of the original suit, which may be adjudged to the successful party by the judgement of review. G. In appeals from order and in other cases.‑---In appeals from orders in other cases‑‑‑ (1) if the amount or the value of the claim does not exceed Rs. 5,000/‑ 1‑1/4 per cent; (2) if the amount or value exceeds Rs. 5,000/‑ and does not exceed Rs. 20,000/‑ on Rs. 5,000/‑ as above and on the remainder 1/2 per cent; (3) if the amount or value exceeds Rs. 20,000/‑ and does not exceed Rs. 50,000/‑ on Rs. 20,000/‑ as above and on the remainder 1/4 per cent; (4) if the amount or value exceeds Rs. 50,000/‑ and does not exceed Rs. 80,000/‑ on Rs. 50,000/‑ as above and on the remainder 1/8 per cent; (5) if the amount or value exceeds Rs. 80,000/‑ Rs. 250/‑ 105. (i) Meaning of the words "amount or value of the claim".‑-- The words "the amount or value of the claim" in the foregoing rules means the value for purpose of jurisdiction as set forth in the plaint, application or memorandum of appeal. (ii) Fraction of a rupee shall be rejected.‑--- Fraction of a rupee in the amount or value of a claim shall be rejected in calculating the fee payable thereupon. 106 Court's Discretion to award higher or lower costs.---- Notwithstanding the provisions of the foregoing rules, the Court may in any case, for special reasons to be recorded in the judgement, award a higher or a lower fee than herein prescribed. 107 In cases not Admitting of Valuation.‑--- In cases in which the subject matter of the claim does not admit of valuation, the Court shall fix a reasonable fee regard being had to the time occupied in the decision of the case and the nature of the question raised therein. 108 Costs to Several Defendants.‑----- (i) If several defendants who have a joint or common interest succeed upon a joint defence or upon separate defences substantially the same not more than one set of fees shall be allowed, unless the Court otherwise orders for any reason which shall be recorded in the judgement. If only one set of fees shall be allowed the Court shall direct to which of the defendants it shall be paid or shall apportion it among the several defendants in such manner as the Court thinks fit. (ii) If serval defendants who have separate interests, set up separate and distinct defences and succeed thereon, a fee for one legal practitioner for each of the defendants who shall appear by a separate legal practitioner may be allowed in respect of his separate interest. Such fee if allowed shall be calculated with reference to the value of the separate interest of such defendant in the manner herein before prescribed. 109. Costs of Adjournment.‑--- Except where an adjournment is made within the consent of all parties, or where from insufficiency of notice a party has not had reasonable time to prepare himself for trial, an adjournment should ordinarily not be granted, save on the condition that the party applying pays all the costs of the day, including a reasonable fee, to the legal practitioner engaged by his adversary. 110. Defendant not entitled to fee in certain cases for Damages.‑--- If in any suit for damages the plaintiff succeeds as to the whole of his cause of action but fails to recover the full amount of damages claimed, the defendant shall not be entitled to any allowance in respect of the difference between the amount of damages claimed and the amount recovered unless the Court is of opinion that the amount claimed for damages was unreasonable or excessive, and shall be allowed to the defendant. If specially allowed, the amount of such fee shall be fixed with reference to the amount of damages disallowed to the plaintiff, and shall be calculated according to the preceding rules. CHAPTER XVIII EXECUTIVE AND ADMINISTRATIVE BUSINESS OF THE COURT 111 (1) Subject to these rules, the Chief justice may from time to time appoint one of the Judges of the Court to be the judge in the Administrative Department. (2) The Judge in the Administrative Department shall have the power to pass orders on the following matters: (a) all returns and statements, not being returns to precepts and Judicial orders or explanations called for by particular Judges or Benches; (b) matters arising out of the review of all periodical returns and statements furnished by the subordinate Civil, Criminal and other courts subordinate to the High Court; (c) applications and routine references connected with the admission and enrollment of Pleaders; (d) any other matter which the Chief justice may, by a special or general order, refer to the Judge for orders. 112 The following matters shall be disposed of at a Judges meeting: (a) draft of rules proposed to be made Rules of the Court; (b) suggested additions to or alterations in Rules of the Court; (c) rules affecting costs or charges payable by the parties; (d) questions affecting the constitution of the Court; (e) all communications or recommendations in writing made by a Judge of the Court as to changes in the law; (f) proposed changes in the law where the proposition emanated from the Government or where any judge of the Court considers that action is called for; (g) the Administrative Report submitted to the Government; (h) rules which, when published, will have the force of law: (i) subjects connected with the relations between the Supreme Court and the High Court; (j) all matters upon which Government desires the opinion of the Full Court; (k) all appointments, posting and promotions which by law are made by the Court and which are not otherwise expressly provided for by these rules; (l) all recommendations for the dismissal or suspension from office of judicial Officers or for taking any administrative action against any one of such Officers; (m) recording of Confidential Rolls of Judicial Officers; and (n) any other matter which a judge requests in writing to be placed in a judges' meeting. 113. (1) A Judges' meeting shall be held on such date as fixed by the Registrar on the verbal orders of the Chief justice. (2) The quorum in a meeting convened under sub‑rule (1) above shall be two Judges. The disposal of all the business in such meeting shall be deemed to be a disposal by the Full Bench. (3) The Registrar or in his absence the Deputy Registrar shall attend the Judges' meeting and shall record in the Minute Book the proceedings of such meeting. (4) In case of difference of opinion at a judges' meeting the decision shall be in accordance with the opinion of the majority of the Judges present and in case the Judges present be equally divided, the decision shall be in accordance with the opinion of the Chief Justice or in his absence the Senior Judge present. (5) The Minute Book of the Court shall be Kept in safe of the Court and shall not be removed from the Court premises except by the Registrar with the permission of the Chief justice for any purpose mentioned in these rules. (6) Beside the Minute Book, a Court Decision Register may be maintained by the Chief Justice wherein important decisions taken at a Judges meeting may be briefly recorded. This register shall remain in the custody of the Chief Justice. (7) A copy of the Agenda drawn up for the judges meeting shall be supplied by the Registrar to the judges before the proposed judges meeting. (8) The proceedings of the meeting as recorded by the Registrar in the Minute Book or by the Chief Justice in the Court Decision Register shall be open to inspection when called for by any of the Judges. (9) Any individual Judge shall be at liberty to record a separate minute upon any matter that comes up for discussion in a Judges' meeting but no such minute shall be communicated to any authority by the Registrar. (10) No irregularity in, or omission to follow, the procedure prescribed in this Rule shall affect the validity of any order passed or anything done under these rules. 114 The Court has delegated the following administrative functions and powers exercisable by it to the Chief justice, and any orders passed or action taken in respect of these matters by the Chief justice shall be deemed to be the action and orders of the Court: (a) grant of privilege, casual or station leave for all judicial Officers: (b) grant or renewal of licence to a Pleader or an Advocate; (c) permissions to a Judicial Officer to hold spot trail; (d) permission to a judicial Officer to appear as a witness; (e) allowing or disallowing joining time or/an Advance T.A. to judicial Officers on their transfer; (f) conferment of Magisterial powers (Judicial) and powers to try offences summarily on judicial Officers; (g) investment of pecuniary jurisdiction on judicial Officers; and (h) delimitation of the territorial jurisdiction of Courts CHAPTER XIX INSPECTION OF RECORDS. 115 No record of any case shall be removed from the Court building except under an order in writing of the Chief justice or a judge or the Registrar; Provided that if the Chief justice or a judge requires any record at his residence, he may take it. The official who has the custody of the record shall keep a note of the date when the Chief Justice or the Judge takes the record and the date when he return the same. 116. No record or paper in the Administrative Section of the Court shall be inspected by any person other than Chief justice or a judge. A Gazetted Officer of the Court may, however, inspect such record with the permission in writing of the Registrar. 117. The inspection of the records of decided cases will be allowed only under the orders of the Chief justice or, in his absence the next senior judge. 118 Record of pending cases will be open, as of right, to inspection by the parties or their authorized agents or any Advocate of the Court who is duly authorized to act in the case: Provided that the inspection of record will not be permitted on the date fixed for hearing without an order of the Bench before which the case is listed. 119 Inspection by Stranger.‑- A person other than a party to a case may, with the express permission of the Registrar inspect the record of a pending case. The Registrar shall in such case ascertain the reason why such inspection is desired and such inspection shall be made in presence of the Registrar or the Deputy Registrar. 120. Access to the record of a pending case shall be allowed subject to the rules herein contained. 121. An application for the inspection of record shall be made by a petition duly stamped with a court‑fee of Rs. 21‑ in ordinary case and by a petition stamped with a court fee of Rs. 5!‑ in case the inspection is desired on the date of hearing of the case. 122. No fees for the inspection of record under these rules shall be charged from any authority or Counsel appearing in civil or criminal case on behalf of the Government or from a Counsel appearing for an accused or an appellant in case where the latter if a pauper or is defended by a Counsel provided by the Government. 123 Every application for inspection shall specify clearly: (a) the particulars of the record or paper of which inspection is desired; (b) the party or the person on whose behalf the application is made; (c) the name of the person by whom inspection is to be made; (d) whether the application is an ordinary or an urgent one; and (e) any other particular necessary to be incorporated. 124. Time of Inspection.‑ (a) Any person permitted to inspect a record may inspect it between the hours 10.30 A.M. and 1.30. P.M. on such day or days for which permission is given. (b) When urgent inspection is desired on the date of hearing it shall be permitted between 10 A.M. and 11.A.M. 125 Place of Inspection.‑-- Record will be inspected only in the room set apart for the purpose between the hours mentioned in Rule 124 and in the presence of a responsible officer of the Court. It will be the duty of the officer to supervise all inspection and to see that rules relating thereto are duly observed. It will not be his duty to assist any person, by reading or otherwise, in the inspection of record, and he is strictly prohibited from doing so. 126. No mark shall be made on any record or paper inspected and no servant or any member of the Bar shall be allowed, on any account, to take note for his matter except in the presence of his master. Pen or ink shall not be used by any person inspecting the record. 127. Every application for inspection of record shall be made before the Deputy Registrar on a working day between 10.30 and 1.30 P.M. 128. Every order allowing inspection of record shall specify the record or the papers or paper of which inspection is permitted and shall state the name of the person or persons who may make such inspection. 129. The fee provided in Rule 120 above shall entitle the applicant to inspect the record on one day only; and if inspection of the record is desired on any other day a fresh application with fresh fee shall be required. 130. Applications bearing a court fee stamp of Rs. 5/‑ shall receive priority in disposal; other applications shall be death with in the ordinary course of business. 131. Police papers received in the Court in connection with any pending criminal case and translation of such papers shall not be available for inspection either by the convict or the accused or by his agent or by any legal practitioner retained on his behalf. 132. Copies of Judicial Record may be issued in accordance with these rules to any person who is legally entitled to obtain the same. 133. A plaintiff or a defendant may at any stage of the suit or appeal obtain a copy of the record of the suit or appeal including exhibits which have been put in and finally accepted by the Court in evidence on payment of fees prescribed by these rules. 134. (i) A stranger to the suit or appeal may, after decree, obtain on payment of fees prescribed by these rules copies of the plaint, memorandum of appeal, written statement, affidavits, any petitions filed in the suit or appeal; and may for sufficient reason shown to the satisfaction of the Registrar obtain copies of any such document before decree. He may also obtain, on payment of prescribed fees, a copy of any judgement, decree or order at any time after it has been passed or made. (ii) A stranger to the suit or appeal has no right to obtain copies of exhibits put in evidence except with the consent of the person by whom they were produced. 135. Any person entitled to obtain a copy of a judicial Record may apply for the translation thereof and he will be charged for the translation furnished to him a fee equal to double the fee chargeable for a copy thereof. 136. In all cases where the State is a party it shall be entitled to receive a copy of the judgment or order or decree free of cost on an application made in this behalf by the counsel appearing for the State or any person duly authorized by the State. 137. No copy shall be given of any document which itself a copy except for special reasons to be recorded on the application by the Registrar or the Deputy Registrar as the case may be. Where a copy of a copy is given the fact that it is such copy shall be noted in red ink on the top of each page or such copy. 138. No copy of, or extract from, any minute, letter or document on any administrative or confidential file of the Court shall be issued except under an order in writing of the Chief justice. 139. A copy of the judgement or order in a criminal case may be supplied free of charge to a prisoner confined in a jail on an application received through the officer‑in‑charge of the jail concerned. 140. In the case of maps and plans charges shall be fixed by the Registrar or the Deputy Registrar, as the case may be, regard being has to the difficulty and intricacy of !he work to be done. 141. When an application requires his copy to be furnished urgently an extra fee shall be charged which shall be equal in amount to the copying fee. 142. Where the applicant desires he may be supplied photostat copies of the record at his own cost the charges for such copies being Rs. 1/ per page exclusive of the copying fee. 143. Notwithstanding anything contained in these rules, the Registrar may, with the previous approval of the Chief justice, order a‑copy of any paper or record to be made and delivered free of charge upon an application on behalf of the Government of Pakistan or the Head of any Department of Government in Pakistan or any High Court in Pakistan or any authority in Pakistan exercising jurisdiction similar to that of High Court or any Court subordinate to the High Court, or any Principal Court in any other country. 144. Every application for grant of a copy shall be presented in person, or sent by post, to the Deputy Registrar. 145. An application for a copy or translation shall contain the following particulars, namely: (a) the name of the cause; (b) if the cause is pending, the date of institution thereof and the date fixed for hearing, if any; (c) if the cause has been decided, the date of decision; (d) where the information referred to in clauses (b) and (c) is not available to the applicant such other information as may be sufficient to enable the cause to be identified and traced; (e) the nature of the document, a copy or translation of which is required; (f) the purpose for which the copy of translation is sought; (g) the name and full postal address of the applicant. 146. Upon the presentation or receipt by post of an application for a copy or translation, the Deputy Registrar shall proceed as follow; (a) endorse or cause to be endorsed thereon the date of presentation; (b) initial the endorsement;. (c) cause the application to be registered under these rules. 147. If an application for copy does not contain sufficient information to enable the record to be traced or if the fee paid is insufficient or the application is otherwise defective, the applicant shall be asked to do the needful and if the application has been received by post, the information shall be communicated to the applicant by unpaid post. If the defect is not removed or the deficiency not paid within one week, the application shall be rejected. The endorsement to that effect shall be made on the application, which shall be returned to the applicant. 148. Every copy or translation must bear the signature of the copyist making it and the date on which the copy or the translation was completed. It must also bear the signature of the clerk who examined the copy or translation and the date on which such copy or translation was examined. 149 In ordinary circumstances a copy shall be furnished not later than 1.30 P.M. on the fifth day after the fees required under rules has been deposited. 150. Should the applicant, in any case , fail to appear to claim the copy or the translation within two months from the date on which he was due to receive the same, such copy or translation shall be destroyed. 151. In any case in which a copy is refused, or cannot be granted, the stamps supplied by the applicant shall be returned to him. 152. Certified copy shall bear the seal of the Court and shall be Certified to be a true copy and the signed in full by an Officer authorized to do so by the Registrar. The Certifying Officer shall append to his signature the words "authorized under Section 76 of the Evidence Act". 153. (i) On the last sheet of every copy granted under these rules, the following particulars shall be carefully recorded: (a) date of application for the copy; (b) date of notifying the fees chargeable; (c) date of deposit of the requisite fees in stamps; (d) date on which the copy was ready for delivery; (e) date of making over the copy to the applicant. (ii) In addition to the particulars specified in sub‑rule (i) above, the following information as to costs for preparing the copy shall also be recorded on the last sheet of the copy: (a) searching fee; (b) fees charged including extra fee of urgency. (c) folios used; (d) other items, if any. 154. (i) For every copy of Judicial Record, there will be charged a copying fee and the record office fee. (ii) The record office fee will be a sum equal to 1/2 of the amount of copying fee. (iii) Copies whether certified or not shall be prepared at the following rates: ENGLISH COPIES Rs. Paisa (a) 200 words or under .. 0 75 (b) Every additional 100 words ,or fraction of 100 words 0 37 VERNACULAR COPIES (a) 200 words or under 0 37 (b) Every additional 100 words or fraction thereof 0 19 COPIES OF DECREES Attested copy of a decree, whether in English or Vernacular and without regard to the number of words Rs. 4.00. (iv) A searching fee of Rs. 1/‑ shall be charged on each application for copy if the record of the case has been deposited in the record room provided that only one searching fee shall be charged for any number of copies taken from the same record and included in the same application. CHAPTER‑XXI RULES FRAMED FOR DESTRUCTION OF RECORDS. 155. Every judicial record unless otherwise provided, shall consist of two parts, namely, Part A and Part B. 156. Each paper as it is filed shall be entered in a general index and shall be marked with the letter (A) or (B) according to the file to which it belongs. 157. Part A shall be preserved for ever and part B for 12 years after the expiry of which it shall be destroyed. 158. The aforementioned period of 12 years shall be calculated from the date of the final decree or order which in cases of appeal to the Supreme Court, will be that of the decree or order of the Supreme Court. 159. Civil Record.‑-- (1) Part A of every appeal shall contain the following papers: (i) The table of contents; (ii) The order sheet; (iii) Remand order of the Court, if any (iv) Typed copy of the finding of the lower Court upon remand, if any: (v) Final judgement of the Court; (vi) Decree; (vii) The memorandum of appeal; (viii) The copies of the judgement and decree filed with the memorandum of appeal; (ix) Any paper whose preservation may be directed by the presiding Judge or judges. (2) Part B shall contain all other papers. 160. Rule 158 above shall also apply mutatis mutandis to the records of all Civil Revision cases, References and Writ Applications. 161. The records of Civil Appeals dismissed under Order XLI, Rule 11, and of cases dismissed for default or in which memorandum of appeal has been rejected or appeal has been rejected or returned shall consist only of the part B file in which all papers shall be included. 162. Criminal Record.‑------ (1) Part A in Criminal Appeals, Revisions, References and Miscellaneous cases shall contain the following papers; (i) The table of contents; (ii) The order sheet; (iii) The judgement of the appellate Court; (iv) Memorandum of appeal or petition for revision or letter of reference; (v) The judgement of the lower Court; (vi) The explanation of the lower Courts; if any; (vii) Any paper whose preservation may be directed by the Presiding Judge or judges. (2) Part B shall contain all other papers. 163. The records of criminal appeals and revisions which has been summarily dismissed shall consist only of the Part B file in which all papers shall be included. 164. The destruction of judicial records, books and the papers shall be carried out from time to time as may be ordered by the Chief Justice on the recommendation of the Registrar and such destruction shall, subject to general superintendence of the Deputy Registrar, be supervised by such officer, hereinafter called the Supervising Officer, as may be appointed by the Chief Justice. 165. The destruction of judicial records, books and papers shall be effected by tearing so as to render it unlikely that the document so torn up may be used again. All Court‑fee stamps affixed to documents, which are to be destroyed, shall be removed therefrom and burnt by, or in the presence of, the Supervising Officer. 166. After the Supervising Officer has certified that the destruction has rendered such judicial records, books and paper of no value, the paper shall be sold as a waste, under the order of the Registrar and the proceeds of the sale shall be credited into the Treasury of the State. 167. The following records shall on no account be destroyed: (i) Records connected with expenditure which is within the statute of limitation; (ii) Records connected with expenditure on projects, schemes or works not completed although beyond the period of limitation; (iii) Records connected with claims to service and personal matters affecting persons on the service; (iv) Orders and sanctions of a permanent character, until revised. 168. Where any document of which the destruction is ordered by these rules is, before it has been destroyed, made evidence in any other suit or proceedings, the rule regulating its destruction will be the rule applicable to evidence filed in such suit or proceeding where the period prescribed by such last mentioned rule is in excess of the period prescribed by the rule which originally governed its destruction. 169. On a date fixed by the Registrar in the month of January each year, a notice shall be published in the Government Gazette specifying the documents filed by parties, which will be destroyed during the ensuing year, the cases to which such documents pertain, if any, and the date on which they will be destroyed, and giving warning that, unless previously reclaimed by parties duly entitled, if any, before the said dates, destruction will, without fail, ensue. All documents reclaimed by parties duly entitled shall be returned to such parties under orders of the Registrar. 170. A notice of every judicial record destroyed under the provisions of these Rules shall be made under the signature of the Supervising Officer, at the time of destruction in the register in which the case is entered, and also the general index prefixed to such record. 171. A document shall not be returned within the period specified in Order XIII, Rule 9 of the Code of Civil Procedure until a certified copy thereof has been delivered to be substituted for the original nor shall a document be returned which has been ordered to be impounded or which has, by force of decree or order of the Court, become void or useless, or which is required by law to be filed and preserved. By order of the High Court of Azad Jammu and Kashmir. Sd/‑REGISTRAR High Court of Judicature, Azad Jammu and Kashmir, Muzaffarabad. 1. These rules were made operative on 15‑7‑1984 and published in AJ&K Gazette on 15‑7‑1984 see issue No. 245 Vol. XXX. 2. See now the Qanun‑e‑Shahadat Order, 1984 as in force in AJ&K.