ORDER XLIII

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART VIII MISCELLANEOUS ORDER XLIII POWER TO DISPENSE AND INHERENT POWERS. 1 The Court or the Chief justice or the Judge thereof may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these Rules, and may give such directions in matters of practice and procedure as it shall consider just and expedient. 2. An application to be excused from compliance with any of the requirements of these Rules shall be addressed in the first instance to the Registrar, who shall take the directions of the Court or of the Chief Justice or the Judge thereof and communicate the same to the party or parties, as the case may be. 3. The Court may enlarge or abridge any time appointed by these rules, or fixed by any order enlarging time, for doing any act or taking any proceeding upon such terms (if any) as the justice of the case may require, and any enlargement may be ordered, although the application therefore is not made until after the expiration of the time appointed or allowed. 4 The Court shall have power to pass any decree and make any order which ought to have been passed or made, and to pass or make such further or other decree or order as the case may require, and this power may be exercised by the Court notwithstanding that the appeal is as to part only of the decree, and may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objection. 5 Nothing in these Rules shall be deemed to limit or otherwise affect the inherent powers of the Court .to make such orders as may be necessary for the ends of justice of to prevent abuse of the process of the Court., 2[6 The Court may at any time, either of its own motion or on the application of any party, make such orders as may be necessary or reasonable in respect of any of the matters mentioned in these rules, may issue summons to persons whose attendance is required either to give evidence or to produce documents, or order any fact to be proved by affidavit. 7 Where at any stage of the proceedings in the Court, there has been a failure to comply with these rules, the failure shall be treated as an irregularity and shall not nullify the proceedings or the judgement. The Court may, on such terms as to costs or otherwise, as it thinks just set aside either wholly or in part the proceeding in which failure has occurred.]