ORDER XII

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. The Supreme Court of Azad Jammu and Kashmir, in exercise of its rule making powers, and in consultation with the Azad Jammu and Kashmir Council, hereby makes the following Rules: PART II APPELLATE JURISDICTION ORDER XII CIVIL APPEALS UNDER SECTION 42 (11) AND (12) OF THE CONSTITUTION. 1. No notice of motion in relation to a Civil Appeal under this Order shall be entertained unless it is accompanied by a certified copy of the certificate granted by the High Court. 2. Where a certificate has been granted under section 42 (11) of the Constitution any party who desires to appeal shall file a petition of appeal in the Court. 3. The petition of appeal shall be presented within thirty days from the date of the grant of the certificate by the High Court: Provided that the Court may for sufficient cause extend the time. 4. The petition shall set forth the appellant's objections to the decision of the High Court, and where the appellant desires o raise other grounds in the appeal, the petition of appeal shall be accompanied by separate petition indicating the grounds so proposed to be raised and praying for special leave to appeal on these grounds, and the petition praying for special leave, shall, unless the Court otherwise directs, be heard at the same time as the appeal. Copies of the petition of appeal shall be served on the respondent. 5. The petition of appeal shall be accompanied by‑‑‑ (i) certified copies of the judgement and decree or order appealed against as well as those of trial and lower appellate Courts; (ii) a certified copy of the certificate granted under section 42 (11) (f) of the Constitution, where that certificate is not embodied in the Judgement; and (iii) an affidavit of service of copy of the petition of appeal on the respondent. 6 Within thirty days of the service on him of the petition of appeal, a respondent may, if he so desires file in this Court his objections, if any, to the grounds taken by the appellant in his petition of appeal, and to the appellant's right to raise in the appeal any question other than those bearing on the question of law to which the certificate relates. 7. The liability of the parties to pay court‑fee in this Court, unless otherwise ordered by this Court, shall not be affected by any order for consolidation of appeals made by the High Court or by this Court. 8. The provisions contained in the succeeding Orders in this part of the Rules shall with necessary modifications and adaptations, apply, so far as may be, to appeals under this Order.