ORDER XIII

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 XIII PETITIONS FOR SPECIAL LEAVE TO APPEAL IN CIVIL PROCEEDINGS. 1 A petition for special leave to appeal shall be lodged in this Court within sixty days of the judgement or order sought to be appealed from or as the case may be within thirty days from the date of the refusal of grant of certificate. Under section 42 (11) of the Constitution by the High Court: Provided that the Court may for sufficient cause extend the time. 2 A petition for special leave to appeal shall state sufficiently and clearly all such facts as may be necessary to state in order to enable the Court to determine whether such leave ought to be granted, and shall be signed by the counsel or Advocate on record for the petitioner or by the party himself if he appears in person. The petition shall deal with the merits of the case so far as is necessary for the purpose of explaining and supporting the particular grounds upon which special leave to appeal is sought. The Counsel should cite all previous decisions of this Court and the Supreme Court of Pakistan to the best of their knowledge, bearing the questions they propose to raise. The petition shall also state whether the petitioner moved the High Court for grant of certificate under section 42 (11) of the Constitution, and if so, with what result. 3. (1) The petitioner shall lodge at least 3[four] copies of‑ (i) his petition for special leave to appeal; (ii) the judgement and order sought to be appealed from together with grounds of appeal or application before the High Court and the order of the High Court refusing grant of certificate under section 42 (11) of the Constitution, if any, one copy each of which shall be certified to be correct; (iii) the affidavit, in support of allegations of fact prescribed by rule 4 of Order XVII hereinafter contained; and (iv) unless a caveat as prescribed by rule 2 of Order XVII, has been lodged by the other party who appeared in the Court below, an affidavit of service of notice of the intended petition upon such party. (2) The petitioner shall, on demand, furnish to other parties, at their expense on the prescribed charges, copies of all or any of the documents filed by him in the Court. 4. In an appropriate case, the Registrar may require the petitioner to supply in advance of the hearing of the petition copies of the orders made in the case by all Courts subordinate to the High Court as well as the grounds of petition of any earlier appeal. 5 Save in case where caveat as prescribed by rule 2 of Order XVII has been lodged by the other party who appeared in the Court appealed from, petition for special leave to appeal shall be heard ex‑parte by the Court may, if it deems fit, direct the petitioner to issue notice to the other party and adjourn the hearing of the petition which shall be posted for hearing after service of notice on the party concerned and upon affidavit of service by the petitioner. Where the other party who has appeared in the Court appealed from has lodged a caveat as aforesaid, notice of the hearing of the petition shall be given to the caveator, but a caveator shall not be entitled to costs of the petition unless the Court otherwise orders. 6. Where the Court grants special leave to appeal, it shall, in its orders give such direction, as it may deem fit, for the provision for security for costs of the respondent, as may be awarded at disposal of the appeal. These directions shall be subject to modification at the instance of any party at any time prior to the hearing of the appeal. 7. Subject to the provisions of these Rules, no appeal by special leave of this Court shall be admitted to a hearing unless the amount of security has been first deposited, and, subject to any directions made by the Court, the deposit shall be made within a period of one month after the date on which the appeal is ripe for hearing. 8 Except where otherwise ordered by the Court, the security shall be deposited in cash in the National Bank of Pakistan under a Challan to be issued by the Registrar. 9. Where the appellant has lodged security for the respondent's costs of an appeal, the Registrar of the Court shall deal with such security in accordance with the directions contained in the Court's order determining the appeal. 10. After the grant of special leave to appeal by this Court, the Registrar shall transmit a certified copy of the order to the Registrar of the Court appealed from. 11 Where a petitioner, who has obtained special leave to appeal, desires, prior to the receipt of the original record of the appeal in this Court, to withdraw his petition, he shall make an application to that effect to the Court, and the Court may thereupon make an order .dismissing the petition. The security if entered into by the appellant, shall be dealt with in such manner as the Court may think it fit to direct. 12 Where the petitioner makes default in depositing the security as required under Rule 7, the Registrar shall, after notice to the Advocate for the petitioner, post the matter before Court, and the Court may thereupon rescind the order granting special leave to appeal or make such other order as it thinks fit. 13 Save as otherwise provided by the preceding rules of this Order, the provisions of Order XVII hereinafter contained shall apply mutatis mutandis to petition for special leave to appeal. 14 The provisions of Order XXI shall apply as far as applicable in the case of any person seeking special leave to appeal to the Court as a pauper.