RULE

THE PETITION WRITERS RULES THE PETITION WRITERS RULES (Rules & Orders of Azad Jammu & Kashmir High Court of Judicature.) [Dated: 27‑1‑1952] CHAPTER‑XII RULES FOR PETITION WRITERS LICENCES A. DEFINITIONS I. In these rules:‑ PETITIONS: "Petition" means a document written for the purpose of being presented to a Court or a judicial or Revenue Officer, as such, and includes a plaint and memorandum of appeal; TO PRACTISE AS A PETITION‑WRITER: To practise as a Petition Writer means to write petitions as defined above, for hire, and extends to the writing of a single petition for hire; TO PRACTISE IN A COURT: A Petition Writer is said to practise in a Court when he writes petitions for the purpose of being presented to that Court; REVENUE OFFICER: "Revenue Officers" means and include all persons having authority as Revenue officers under the Revenue and Tenancy Law for the time being in force; REVENUE OFFICE: "Revenue office" means the office of a Revenue officer; and REVENUE COURT: "Revenue Court" means and includes all Revenue Officers exercising the jurisdiction described in the Revenue and Tenancy laws in force for the time being. Revenue Officers shall be deemed to be subordinate to Civil Court or Revenue Courts according as they are under the control of the High Court or of the Revenue Courts. B. LICENSING OF PETITION‑WRITERS II No unlicensed person to practise as a Petition Writer: No person shall practise as a Petition Writer in Azad Kashmir Territory unless he has been duly licensed under these rules:‑ Provided:‑--- (1) that any person hitherto licensed as Petition Writer by the High Court shall be entitled to practise as such till the expiry of the term of his licence. (2) that these rules shall not apply to any Advocate or Pleader, in respect of a petition written for presentation to a Court, in which he is qualified to practise, whether such petition be written by himself or his clerk; provided that it be signed by such Advocate or Pleader; (3) that no petition shall be rejected merely on the ground that it has been written by a person who is not a licensed Petition Writer. III. PERSONS DEBARRED: No person shall be licensed as Petition Writer while he is in the service of the Azad Kashmir Government or of a Legal Practitioner. Note: Service with a Municipal Committee is Quasi Government service. IV. APPLICATION FOR ADMISSION TO EXAMINATION: Any person above the age of twenty years who has passed the Middle School Examination or any recognized examination equivalent thereto, may apply to the District Judge of the District in which he resides or desires to practise, for admission to the special examination provided in rule VII: Provided that the condition of having passed the middle school examination or any recognized examination equivalent thereto shall not apply to those persons who have hitherto been provisionally enrolled by the High Court as Petition‑Writers; Provided further that the High Court may relax the condition of having. passed the said examination in the case of any person for special reasons. V . (i) FORM AND CONTENTS OF APPLICATIONS: The application shall be written by the applicant with his own hand, and shall state‑‑‑ (a) the applicant's name; father's name; date of birth according to the Gregorian Calendar; caste; residence; present occupation (if any); educational qualifications; (b) the names of two persons of respectability to whom reference may be made as to the applicant's character, should the certificate presented with the application be deemed insufficient; (c) that he is not in the service of the Azad Kashmir Government or of a Legal Practitioner; . (d) if the applicant is in service of the Azad Kashmir Government or of a Legal Practitioner, his application shall, state that he is prepared to resign such service on being licensed as a Petition‑Writer; (e) if, the applicant has been convicted of a criminal offence or, removed from the Government service, this shall be stated in the application. (ii) DOCUMENTS TO ACCOMPANY APPLICATION: The application shall be accompanied by certificates of character and satisfactory evidence that the applicant has passed one of the examination referred to in rule IV. VI. APPLICATION HOW TO BE DEALT WITH: The District judge to whom the application is made may, in his discretion, on being satisfied‑‑‑ (a) that the applicant is over twenty years of age, (b) that he is of good character, (c) that he has passed the educational test required by, rule IV (d) that he is not disqualified under these rules, pass an order admitting him subject to payment of a fee of Rs. 5/‑ to the examination provided for in the rule next following. The name of the applicant shall thereupon be entered by the District Judge in a register maintained for the purpose. Note: Candidates who fail at any examination and wish to appear again at.any subsequent examination shall be required to pay a fee for such further appearance. VII (i) EXAMINATION OF CANDIDATES FOR LICENCES: Whenever in any District, the District judge considers this necessary, he may hold an examination as hereinafter provided. (ii) Candidates will be examined in the following subjects or such other subjects as the High Court may from time to time notify; (1) PETITION WRITING: Subjects will be given at the time of the examination for (a) a plaint, (b) a criminal complaint, and (c) one or more miscellanceous petitions (2) LEGAL KNOWLEDGE: The candidate will be examined in: (a) Azad Kashmir Penal Code, (b) Criminal Procedure Code; especially its Sections 4, 100, 106, 107, 133, 142, 145, 147, 177 to 199 A, 205, 350, 371, 403, 404 to 421, 435 to 439, 488 to 490, 491, 492, 496 to 498, 503, 517, 519, 525, 540, 540 A, 545, 562, & Schedule II, Forms III under Section 86, X under Section 107, XI under Sections 108 to 110, XXV under Section 169, XXVI under Section 170, XXXVII A under Section 388, XLII under Sections 492 to 499; so far as they relate to the drawing up of complaints and other documents for presentation in Court. (c) Civil Procedure Code: especially its sections 2, 3, 11, 13, 15, 16, 17, 18, 19, 20, 24, 30, 37, 38, 39, 47, 48, 49, 50, 51, 60, 61, 80, 91, 92, 94, 95, 96, 97, 100, 101, 102, 104, 105, 106, 114, 115, 144, 145, 146, and 149; O. 1 r. 1, 3, 5, 6, 7, 8; O. 2; O 3 r. 1; O. 6; O. 7; O. 8; O. 9 r. 4, 9 & 13; O. 11; O. 12; O. 13 r. 1, 2, 9 & 10; O. 16 r. 1, 2, 3, & 4; O. 21 r. 2, 10, 11, 12, 13, 14, 15, 16, 66, 72, 82, 89, 90, 91, 97, 100, 103; O. 22 r. 3, 4, 9, 10, 11 & 12; O. 23 r. 1 & 2; O. 25; O. 29 r. 1; O. 30 r. 1, 2, & 4; O. 32; O. 33 r. 1, 2, 3, 4, 5, 9 & 15; O. 34 r. 3, 5, 6, 8., 8 A & 14; O. 38 r. 1 & 5; O. 39 r. 1, 2, 6, 7 & 8; O. 41 r. 1, 5, 10, 19, 21, 22; O. 42; O. 43; O 44 r. 1; O. 47 r. 1, 2, 3, 7, & 9; Schedule II Appendix A, Appendix C & Appendix E, relating to the form of applications for execution of a decree only, and appendix G; and Schedule II para 1 and 15; so far as they relate to the drawing up of plaints and other documents for presentation in Court. (d) Revenue and Tenancy Laws; So far as they relate to jurisdiction of Revenue Courts and offices and the procedure applicable to them; (e) Court Fee Act, Suits Valuation Act, Stamp Act and Limitation Act: so far as a knowledge of these Acts is necessary for the efficient performance of the duties of a petition writer. (iii) No candidate will be accepted unless he obtains 33 percent marks in each subject, and 50 percent on the combined total. (iv) The examination will be held at such time and place as the District Judge may fix with the approval of the High Court. (v) The petition writers who held licences as such under the Old Dogra Regime will be considered to have already passed this examination and thus eligible to be licensed as petition writer under these rules. (vi) The prescribed scale of petition‑writers for different places in a district will be proposed from time to time by the District Judge after consulting the District Magistrate and will be sanctioned by the High Court. (vii) The petition‑writers who did not hold licences as such under the Old Dogra Regime and have been provisionally enrolled by the High Court to practise as such shall not be counted in the prescribed scale of licensed petition writers so long as they have not passed the petition writers examination and licensed as petition writers under theses rules or have not been finally admitted as such by the High Court under rule XI. VIII CONDUCT OF EXAMINATION: The examination shall be conducted by a Board of such officers as the District Judge may appoint for the purpose. IX RESULTS OF EXAMINATION TO BE REPORTED TO HIGH COURT: The District Judge shall decide what candidates have passed and submit a statement of their names to the High Court. X GRANT OF LICENCES: The High Court will determine what candidates shall be accepted as Petition‑writers and the District Judge will be authorized to grant to each accepted candidate a licence in the Form A annexed to these rules. A fee of Rs. 5/‑ shall be charged for such licence. XI POWER RESERVED TO THE HIGH COURT TO ADMIT: The High Court may by order admit any person as a petition writer who has not qualified as required by these rules; A fee of Rs. 5/‑ shall be charged for such licence. XII DURATION OF LICENCE: A licence granted to a petition writer under these rules authorizes him to practise subject to these rules, according to its tenure, and continues in force until (1) its operation is suspended by an order of the High Court or the petition‑writer enters the service of the Azad Kashmir Government or of a Legal Practitioner; (2) the petition‑writer is suspended or dismissed by competent authority. XIII (i) LICENCES TO BE RENEWED ANNUALLY; PENALTY: Every licensed Petition‑writer shall between the first and thirtieth day of January of each year, produce, or if he ordinarily practises in an inferior Court, forward through that Court, his licence for its renewal by the Court under which it is held. A note of such renewal with the date, will be entered on the licence. If a petition‑writer fails to comply with this rule, his name will be posted in a conspicuous place of the court‑house of the highest Court in which he ordinarily practises, with an order that the operation of his licence is suspended, and that he will be liable to penalties if found practising whilst such order of suspension is in force. A fee of Rs. 2/‑ shall be charged for renewal of licence. (ii) SUSPENSION WHEN TO BE WITHDRAWN: If the petition writer produces his licence for renewal at any time before the thirtieth day of January of the following year, the order of suspension may be withdrawn subject to a charge of Rs. 4/ XIV TRANSFER OF PLACE OF BUSINESS: No licensed Petition Writer shall transfer his place of business from any one to any other district in the Azad Kashmir Territory without the permission of the High Court. But it shall be within the discretion of the District Judge to transfer any Petition‑writer from any one place to any other within his district. XV. DUPLICATE LICENCE: If a licensed petition‑writer lose the licence granted to him under these rules, he may apply to the Court under which it was held for a duplicate licence. The application shall be made in writing and shall be presented by the applicant in person. The Court to which it is made, if satisfied that the former licence has' been lost, shall, upon payment by the applicant of Rs. 1/‑ cause a fresh licence to be issued in the same form and bearing the same date as the lost licence, and shall cause the words, "duplicate licence" to be enfaced therein, with the date of issue and shall sign such enfacement. Note: If a licence becomes damaged it may be replaced in the manner herein provided in the case of the licence being lost. C. CONDUCT OF PETITION‑WRITERS XVI REGISTER TO BE MAINTAINED BY LICENSED PETITION WRITERS: Every Petition writer under the foregoing‑ rules, shall keep up a register in Form‑B annexed to these rules, and shall enter therein every petition written by him and shall produce the register for the inspection of any Court or judicial or Revenue Officer demanding it XVII. PETITION‑WRITER TO PROVIDE HIMSELF WITH OFFICIAL SEAL: Every licensed petition‑writer shall, at his own expenses, provide himself with an official made under the direction of the Court which licensed him, on which shall be engraved in Urdu character, his name and the year in which he was licensed. XVIII. PETITION‑WRITER TO CONFINE HIMSELF TO EXPRESSING THE STATEMENTS AND OBJECTIONS OF THE PETITIONERS: Every licensed petition‑writer in writing petitions shall confine him‑self to expressing in plain and simple language and in a concise and proper form, the statements and objects of the petitioner. XIX. DECLARATION TO BE SUBSCRIBED TO PETITION BY PETITION‑ WRITERS. Every licensed petition‑writer shall record, at the foot of every petition written by him, other than a petition of merely formal character, a declaration under his signature, that to the best of his knowledge and belief, the petition expresses the true meaning of the petitioner, and that its contents have be*n fully explained to the petitioner. XX PETITIONS TO BE SIGNED AND SEALED, AND TO SHOW CERTAIN PARTICULARS, FEES TO BE ENTERED: Every licensed petition‑writer shall sign and seal with his official seal, every petition written by him, and shall enter on it the number which it bears in his register, and the fee which has been charged for writing it. XXI EMPLOYING UNLICENSED PERSON TO WRITE PETITIONS: A licensed petition writer shall not dictate a petition to or cause a petition to be written by a person who is not a licensed petition‑writer nor shall he employ any person who is not a licensed petition‑writer to write petitions for him. XXII PETITION‑WRITER TO REWRITE PETITIONS WHEN SO ORDERED: Every licensed petition writer shall rewrite at his own cost any petition written by himself, when required to do so by order of Court or officer before whom it is presented. XXIII. PROHIBITION AGAINST UNNECESSARY PETITIONS: A licensed petition writer shall not instigate any person to cause to be written by himself, or by any other petition‑writer any petition which he knows to be unnecessary. XXIV (i) PETITION‑WRITER TO BE AT LIBERTY TO MAKE HIS OWN TERMS WITH HIS CLIENT: Subject to the provisions of rule XXX, every licensed petition‑writer may make his own terms with his employer as to the remuneration to be paid for his services; Provided that he enters correctly the actual amount agreed upon, on the petition and in the proper column of his register. (ii) NOT TO BE PAID BY AN INTEREST IN RESULT OF LITIGATION, NOR TO CONTRIBUTE FUNDS FOR LITIGATION: A licensed petition writer shall not take payment for his services by an interest in the result of any litigation in connection with which he is employed, nor shall he supply or contribute towards the funds requisite for carrying on any litigation in which he is not otherwise than personally interested. XXV PETITION‑WRITER NOT TO ACT AS RECOGNIZED AGENT OF A PARTY: A licensed petition‑writer shall not act as a recognized agent in any case in a Civil Court or in a Revenue Court or office, except a case in which he is himself a party, nor in Criminal Court subject to the same exception, nor shall he accept any power of attorney, whether general or special, authorizing him to act as a recognized agent in a Civil or Criminal Court, or in a Revenue Court or Office. XXVI SURRENDER OF LICENCE ON TAKING SERVICE: Every licensed petition writer: (1) the operation of whose licence is suspended under rule XIII; (2) who enters the service of Government or of a Legal Practitioner; (3) who is suspended or dismissed under these rules; shall forthwith surrender his licence to the Court under which it was held. XXVII NAME WHEN TO BE STRUCK OFF THE REGISTER: Every petition writer who gives up practising for over three years or who takes service shall have his name struck off the register. XXVIII. STATUS OF THE PETITION WRITER WHOSE NAME IS STRUCK OFF THE REGISTER: A petition‑writer whose name has been removed under rule XXVII will be at liberty to apply for the restoration of his licence provided that there is a vacancy on the prescribed scale. He shall, however, be treated in this respect on the same footing as a fresh candidate for licence to practise as a petition writer who has passed the prescribed petition writer examination. XXIX. PRACTISING WHILE UNDER SUSPENSION OR CONTRARY TO LICENCE: No licensed petition‑ writer shall practise: (1) contrary to the terms of his licence; (2) in any court or office in which he has been forbidden to practise, while such prohibition is in force; (3) after his licence has been or should have been surrendered under these rules; or (4) while under suspension, D. CONTROL OVER PETITION‑WRITERS AND PROCEDURE IN DEALING WITH BREACHES OF RULES XXX POWER OF JUDICIAL OR REVENUE OFFICER TO REDUCE THE FEE PAID FOR WRITING PETITTON: Any judicial or Revenue officer or presiding officer of a Court who, upon the representation of any person employing a petition‑writer after hearing such petition writer, if he desires to be heard, finds that the fee charged for writing a petition presented in his office or court was excessive, may by order, in writing, reduce the same to such sum as appears to be, under the circumstances, reasonable and proper, and may require the petition‑writer to refund the amount received in excess of such sum. An order passed under this rule shall not be revised, except by the officer or court who made it. XXXI COURTS MAY ORDER A LICENSED PETITION‑WRITER TO REWRITE A PETITION: Any Judicial or Revenue Officer or Court may order a licensed petition‑writer to rewrite any petition written by him which contravenes rule XX, or is illegible, obscure, or prolix or contains any irrelevant matter, or misquotation, or is, from any other cause in the opinion of such Officer or Court, informal or otherwise objectionable. An order passed under this rule shall not be open to revision by any Officer or Court other than the Officer or Court who made the order. XXXII. (i) POWER OF JUDICIAL AND REVENUE OFFICERS TO PROHIBIT A PETITION WRITER FROM PRACTISING IN THEIR COURTS PENDING REFERENCES: The presiding officer of any Court, or of any Revenue officer may, for any sufficient cause to be recorded in‑ writing under his signature, prohibit any petition‑writer from practising in his Court or Officer pending a reference, where the prohibition is by the Revenue Minister, to the High Court, and in any other case, to the Court under which such petition‑writer holds his licence. (ii) ORDER TO BE COMMUNICATED TO COURT: Every order of prohibition passed under this rule shall be communicated to the Court which the petition‑writer affected holds his licence, and such Court shall forthwith endorse the substance and date of the order on the license under its own signature. XXXIII. PENALTY FOR BREACH OF RULE II: Any person who practises as a petition‑writer contrary to the provisions of rule 11 shall be liable to a penalty not exceeding Rs. 50/‑. XXXIV. PENALTY FOR BREACH OF CERTAIN RULES: Any licensed petition‑writer who acts in violation of any of these rules shall be liable to penalty not exceeding Rs. 50/‑ and shall also be liable to be suspended or dismissed. XXXV (i) PENALTY FOR MISCONDUCT OR INEFFICIENCY: Any licensed petition writer who (1) habitually writes petitions contrary to rule XVIII, or which are informal or otherwise objectionable; or (2) in the course of his business as a petition writer uses disrespectful, insulting or abusive language; or (3) is found to be incapable of efficiently discharging the functions of a petition‑writer; or (4) by reason of any fraudulent or improper conduct in the discharge of his duties as petition writer is found to be unfit to practise as such; or (5) is convicted of a criminal offence; may be suspended or dismissed; in addition to any punishment to which he may be liable under rule XXXIV or any other enactment for the time being in force. (ii) ORDER TO BE COMMUNICATED TO COURT: Every final order passed under this rule shall be communicated to the Court under which the petition‑writer affected holds his licence, and the presiding officer of such court shall forthwith endorse the substance and date of the order on the licence under his own signature. XXXVI. (i) Breaches of any these rules by a licensed petition writer shall be cognizable by the Court under which the petition‑writer holds his licence at the time of his trial. (ii) Breaches of rule II shall be cognizable by the District Judge of the District in which the alleged breach occurred. XXXVII. INQUIRES INTO AND ORDERS IN BREACHES OF RULES: Any order imposing a penalty for any breach of any of these rules may be made by the officer taking cognizance thereof, after such inquiry as he thinks fit; Provided that no order shall be made under this rule unless the person charged had an opportunity of defending himself. XXXVIII. POWERS RESERVED TO THE HIGH COURT: Notwithstanding any thing herein before contained the High Court may, for any sufficient cause, to be recorded in writing, and after such inquiry as it thinks fit; (i) dismiss any licensed petition‑writer or suspend him from practice for a specified period provided that no order shall be made under this rule, unless the person charged had an opportunity of defending himself; (ii) review its own order passed under sub‑rule (i) and in place thereof pass such order as it thinks fit; or (iii) by way of Revision, reverse, alter or amend any order of District Judge, or any other Court or officer against a licensed petition‑writer as such or against any person under rule II. XXXIX.ORDERS OF DISMISSAL OR CAUTION GIVEN TO BE NOTED ON BACK OF LICENCE: Any order, other than an order of dismissal made, and any caution given instead of penalty by a Court after an inquiry under rule XXXVI or rule XXXVIII shall be noted on the back of the petition‑writer's licence by the Court passing the order, or under its direction. XL NO APPEAL: No appeal subject to the provisions of rule XXXVIII shall lie from any order passed by any Court or officer under any of the preceding rules. XLI POWER RESERVED TO HIGH COURT TO RESTORE LICENCE:. The High Court may at any time, for sufficient reason, grant a new licence to any licensed petition‑writer who has been dismissed, or direct that licence of which the operation has been suspended, be restored to him. XLII SAVINGS OF POWER OF SUPERINTENDENC AND CONTROL: Nothing in the foregoing rules shall be deemed to limit or restrict the exercise by the High Court of its general powers of superintendence and control. By Order of the Court Registrar Azad Jammu and Kashmir High Court of Judicature. FORM A (see rule X) AZAD JAMMU AND KASHMIR GOVERNMENT In the Court of District judge of ___________________ District _________________ FORM OF LICENCE FOR PETITION WRITER Licence for 19______ CERTIFIED THAT _________________________________Son of _____________ Resident of _____________________ District _____________________ has this day been licensed as PETITION‑WRITER and is hereby permitted to practise as such in the manner prescribed by rules relating to Petitioner writers and subject to the provisions of the said rules at ________________________ Given under my hand and Seal of the Court, this _________________ day of ______________ 19 ___________at _________________ Note: A fee of Rs. 5/‑ has been deposited as reported by ____________in his report dated the ______________________ 19 ______________________ District and Sessions Judge ________________District _________________ SEAL ________________________ These rules were given immediate effect vide 2A‑HC/411‑436/52, dated 27‑1‑1952 FORM B (see rule XVI) 1. 2, 3. 4. 5. Serial No. of petition Date on which the petition was written. Name, Parentage, Caste and Residence of the person at whose instance the petition was written. Description of petitions Brief abstract and contents of petitions 6 7 8 9 10 Value of Court fee. Fee Charged for writing the petition. Remarks. Signature of petition writer. Signature or thumb impression of the petitioner.