ORDER XIV

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 XIV PREPARATION OF RECORD, ETC, 1 As soon as a petition of appeal has been lodged in the Registry under Order XII, or the Court has made an order granting leave to appeal, the appellant shall, without delay, take all necessary steps to have a printed or cyclostyled record prepared in the Registry. 2. Where an appeal has been admitted by an order of this Court, the Registrar shall notify the respondent of the order of this Court granting leave to appeal, and shall also transmit a certified copy of the order to the Registrar of the High Court. 3, The Registrar shall then send for the original record from the High Court and the Registrar of the High Court, shall, with all convenient speed, arrange for the transmission of such record to the Registrar of this Court. 4. As soon as the original record has been received, the Registrar of this Court shall notify all parties of the date of such receipt and require them, within two weeks of the date. of service of the notice upon them, to file their lists of documents to be included in the paper books. 5 (1) Where the appellant fails to have the record prepared with due diligence, the Registrar shall call upon him to explain his default, and, if no explanation is offered, or, if the explanation offered is, in the opinion of the Registrar, insufficient the Registrar may issue a summons to the appellant calling upon him to show cause before the Court at a time to be specified in the said summons why the special leave to appeal should not be rescinded. The respondent shall be entitled to be heard before the Court in the matter of the said summons and to ask for his cost and such other relief as he may be advised. The Court may, after considering the matter of the said summons, rescind the grant of special leave to appeal or give such other directions as the justice of the case my require. (2) The respondent shall show due diligence in the matter so far as is required of him, but negligence on his part shall not cause delay in completion of the record for which the appellant is primarily responsible. 6 Where the decision of the appeal is likely to turn exclusively on a question of law, the appellant may, after notice to the respondent and with the sanction of the Court, include such parts only of the record as may be necessary for the discussion of the same. 7 Save as otherwise provided in the last preceding rule, the Registrar, as well as the parties, shall endeavor to exclude from the record all documents (more particularly such as are merely formal) that are not relevant for the decision of the appeal, and, generally to reduce the bulk of the record as far as practicable; but the documents so omitted from the record shall be enumerated in a list separately. 8 The record shall be arranged, prepared and typed in the Registry in accordance with the rules embodied in the Fifth Schedule to these Rules, and the parties may submit any disputed question arising in connection therewith to the Registrar who shall give such directions thereon as may be necessary in the case. The number of copies of the record to be prepared shall be determined by the Registrar. 9. As soon as the record has been made ready, the Registrar shall require the parties to enter appearance for the purpose of certifying the record to be correct and complete. The parties shall thereafter, under the direction of the Registry, with due diligence, take further steps as required by these Rules preliminary to the hearing of the appeal. 10 Within thirty days from the date of service upon him of a notice to enter appearance under rule 9, the appellant shall pay court fees in respect of the appeal according to the scale laid down in item 2 of Part II of the Third Schedule to these Rules. 11 Every appellant and each respondent who has entered an appearance shall be entitled to receive, for his use, any number of copies of the record not exceeding three. 12 The parties shall be severally responsible for placing on the paper book to be used at the hearing all documents that may be necessary for due appreciation of the case. In case of objection by any party to the inclusion or non‑inclusion of any document which is desired by any other party, such document shall be included but at the cost of the party desiring such inclusion: Provided that if the Court, when deciding the appeal considers that any document so included was either inadmissible in evidence, or wholly irrelevant or unnecessary for the purpose of the appeal, the costs incurred in respect of such document shall be borne exclusively by the party at whose instance such document was included.