ORDER XVII

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART II APPELLATE JURISDICTION ORDER XVII PETITIONS GENERALLY. 1 All petitions shall consist of paragraphs numbered consecutively and shall be fairly and legibly written, type written or lithographed on one side of standard petition paper demy foolsacp size or on paper ordinarily used in High Court for transcribing petitions, with quarter margin and endorsed with the name of the Court appealed from, the full title and Supreme Court number of the appeal to which the petition relates, or the full title of the petition (as the case may be) and the name and address of the Advocate on record (if any) of the petitioner where the petitioner intends to appear in person. Unless the petition is a consent petition within the meaning of rule 8 of this Order, at least six copies thereof shall be lodged. 2. Where a petition which does not relate to any pending appeal of which the record has been registered in the Registry is expected to be, or has been, lodged, any person claiming a right to appear before this Court on the hearing of such petition may lodge a caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar notice of the lodging of the petition, if at the time of the lodging of the caveat such petition has not been lodged, and, if and when the petition has been lodged, to require the petitioner to serve him with a copy of the petition and to furnish him, at his own expense, with copies of any papers lodged by tile petitioner in support of his petition. The caveator shall forthwith, after lodging his caveator, give notice thereof to the petitioner, if the petition has been lodged. 3 Where a petition is lodged in the matter of any pending appeal of which the record has been registered in the Registry, the petitioner shall serve any party who has entered an appearance in the appeal with a copy of such petition, and the party so served shall thereupon be entitled to require the petitioner to furnish him, at the expense of the said party, with copies of any papers lodged by the petitioner in support of his petition. 4. A petition not relating, to any appeal of which the record has been registered in the Registry, and any other petition containing allegations of fact which cannot be verified by reference to the registered record of any certificate or duly authenticated statement of the Court appealed from, shall be supported by affidavit. Where the petitioner prosecutes his petition in person, the said affidavit shall be sworn by the petitioner himself and shall state that, to the best of the deponent's knowledge, information and belief, the allegations contained in the petition are true. Where the petitioner is represented by an Advocate on record, the said affidavit may be sworn by such Advocate on record, and shall, besides stating that to the best of the deponent's knowledge, information and belief the allegations contained in the petition are true, show how the deponent obtained his instruction and the information enabling him to present the petition. 5, The Registrar may refuse to receive a petition on the grounds that it discloses no reasonable cause of appeal or is frivolous or contains scandalous matter, but the petitioner may appeal by way of motion from such refusal to the Court within fourteen days. 6, As soon as a petition and all necessary documents are lodged, the petition shall thereupon be deemed to be admitted. 7 Subject to the provisions of rule 5 Order XIII, and the next following rule, the Registrar shall, as soon as the Court has appointed a day for the hearing of a petition, notify all parties concerned of the day so appointed. 8 Where the prayer of a petition is consented to in writing by the opposite party, or where a petition is of a formal and non contentious character, the Court may, if it thinks fit, make an order therein without requiring the attendance of the opposite party, and the Registrar shall not in any such case issue notice as provided by the last preceding rule, but shall, with all convenient speed after the Court has made its order, notify the parties concerned that the order has been made and of the date and nature of such order. 9. A petitioner who desires to withdraw his petition shall give notice in writing to that effect to the Registrar. Where the petition is opposed, the opponent shall, subject to any agreement between the parties to the contrary, be entitled to apply to the Court for his costs, but where the petition is unopposed, or where, in the case of an opposed petition, the parties have come to an agreement as to the costs of the petition, the petition may, if the Court thinks fit, be disposed of in the same way mutatis mutandis as a consent petition under the provisions of the last preceding rule. 10. Where a petitioner unduly delays bringing a petition to a hearing, the Registrar shall call upon him to explain the delay, and if no explanation is offered, or if the explanation offered is, in the opinion of the Registrar, insufficient, the Registrar may, after notifying all parties interested, place the petition before the Court for such directions as the Court may think fit to give thereon. 11. At the hearing of a petition not more than one counsel shall be admitted to be heard on one side.