Untitled Document

CONTENTS
PART I
G E N E R A L
CHAPTER I
Preliminary

1. Short title 1
2. Commencement and repeal 1
3. Definitions 1

CHAPTER II
Sitting, Office Hours, Vacations and Holidays

4. Sittings 2
5. Office hours 2
6. Vacation 2
7. Court holidays 2

PART II
EXERCISE OF APPELLATE JURISDICTION
CHAPTER III
Constitution and Powers of Benches
Division Court

8. Jurisdiction ordinarily exercised by Division Court of two Judges
3

Single Judge

9. Matters disposed of by a single Judge 2 3
10. Matters which by order of the Chief Judge may be disposed of by a single Judge
4
11. Appeals, etc. involving questions of law referred to in S.205, Government of India Act, 1935, to be heard by Division Court

Full Bench

12. Composition of Full Bench 5

CHAPTER IV
Powers of the Registrar, Appellate Side, and the Deputy Registrar

13. Powers and duties of Registrar in connection with admission.
5
14. Application of rule 13 to applications 6
15. Application which may be disposed of by Registrar 6
16. Other powers of Registrar 7
17. Delegation of powers by Registrar to Deputy Registrar
9
18. Revision of orders of Registrar and the Deputy Registrar
9
19. Powers under S.152, Cr.P.C. 9

PART III
PRACTICE AND PROCEDURE
CHAPTER V
General
Forms of Proceedings

20. Title of appeals and applications 9

Institution of Proceedings

21. Joinder of parties in criminal appeal or application 10
22. Application for transfer to be supported by affidavit 10
23. Copy of Judgment or order to accompany application for revision
10
24. Copies of decrees, etc., of lower Courts to accompany second appeals and civil revision applications

10
25. Copies of Judgments to accompany appeals against acquittals and criminal revision applications
10
26. Appeal or application after limitation to be accompanied by petition and affidavit explaining delay

10
27. Typed copies of appeals and applications to be furnished by parties
11
28. Registrar to dispense with the copies of the judgment in subsequent appeals by co-accused
11
29. When copies in other cases may be dispensed with 11
30. All proceedings on Appellate Side to be presented to Deputy Registrar.
11
31. Course to be followed when certain affidavit and copies not filed
12
32. Return of papers to parties when registration refused 12
33. Registers to be kept 12

Procedure on Admission

34. Notice to Advocate-General or Public Prosecutor and District Magistrate in criminal appeals and revisional applications

13
35. In what matters advocates appointed at Government cost
13
36. Form of warrant. 13
37. Calling for records from lower Courts in interlocutory matters
13
38. Process fee when to be ordinarily paid to the Nazir. After expiry of time not to be received without order. Effect of failure to pay

14
39. Time for filing objections after receipt of lower Court’s finding on issues sent down
14

Dates and Cause-List

40. Hearing of appeals and applications-fixing of dates 14
41. Cause-list 15
42. Duties of Sheristedars on Appellate Side 15

General

43. Practice and procedure on Original Side to apply to Appellate Side
15

CHAPTER VI
Appeals under Section 14 (2) of the Act

44. Limitation 15
45. Form 16
46. Appeal fixed for final hearing before a Division Court without summary hearing
16
47. Vakalatnama 16
48. Rules 5 and 6 of order XLI made applicable 16

CHAPTER VII
Reviews, Revisions and References

49. Application for review 16
50. Notification of day for hearing 17
51. When revisional application not entertained 17
52. Cases to be forwarded to the Registrar 17
53. Number and Title to be entered in a Register 17
54. Date appointed for hearing to be notified 17
55. Copy of the Judgment to be sent 17

CHAPTER VIII
Limitation

56. Time for applications for exercise of Civil Jurisdiction
17
57. Time for application by Government for exercise of Criminal Jurisdiction in revision
18
58. Court may excuse delay 18
59. Time for revision of order of Registrar, etc 18

CHAPTER IX
Preparation of Paper-books
Civil

60. Papers which must be included in paper-book 18
61. Other papers may be included on appellant filing list 20
62. Appellant to make application for translation 20
63. Respondent’s list 20
64. Form of application for translation 21
65. Any party entitled to inspect the list 21
66. When respondent may apply for inclusion of any paper at the cost of the appellant
21
67. Accounts, etc., not to be prepared in full 21
68. Procedure regarding objection to inclusion of document
21
69. Deposit of costs estimated 22
70. Deposit of additional Amount 22
71. If respondent’s list not filed paper-book prepared according to appellant’s list or under rule 60
22
72. No extension of time except on application in writing 22
73. Consequences of default in making deposit, etc 23
74. Procedure on respondent applying for inclusion of papers in paper-books subsequently
23
75. Paper-book to consist of typewritten copies 23
76. Number of copies to be typed 24
77. Rules 61 to 75 apply to civil revisional applications 24
78. Preparation of paper-book if appeal dismissed under rule 73 and cross-objections not withdrawn
24

CRIMINAL
Cases involving Capital Sentences

79. Printing of record 24
80. Copy to be supplied free to defence advocate 24

Other Appeals, References and Revisions

81. Paper-book in appeals 25
82. Paper-book in miscellaneous appeals and applications 25
83. Costs 25
84. Number of copies to be fixed by Registrar 25
85. Two copies of printed book and two copies of judgment to be sent to Government if death sentence confirmed

Session Appeals

86. Paper-book in sessions appeal 26
87. Copies to be typed 26

General

88. Paper-book to be bound and paged 26

CHAPTER X
Privy Council and Federal Court Appeals
Appeals to the Privy Council

89. Form 26
90. Mode of service of notice under Order XLV, rule 3 26
91. Security for costs 27
92. Security under proviso to Order XLV, rule 7 (1) 27
93. Deposit of expenses of transcript 27
94. Size and style of printing 27
95. Contents and preparation of transcript 31
96. Documents in vernacular to be translated 32
97. Failure to furnish security for costs 32
98. Scale of fees 32
99. Application for transmission or original documents 33
100. Practice as to translations and paper-books 33
101. Procedure on delay in the preparation of transcript 33
102. Appeals by special leave
Appeals to the Federal Court. 33
103. Which Bench to hear applications under S.205-Procedure after grant of certificate
33

PART IV
RECORDS
CHAPTER XI
Preservation and Destruction of Records
RECORD KEEPER

104. Decided matter to be sent to record keeper 35
105. Duties of Record Keeper 35
106. Arrangement of records of decided matters 35
107. Register of Requisitions for Records 36
108. Removal slip 36
109. Plan of record room 37
110. Duties of the Librarian 37

DESTRUCTION OF RECORDS
General

111. Records to be permanently preserved 38
112. Period for destruction of other record 40

Civil Records,
APPELLATE SIDE

113. What record on Appellate Side to be permanently preserved 26
40
114. Other record on Appellate Side to be destroyed 41

Criminal Records
SESSIONS JURISDICTION

115. Destruction of record of committal proceedings 41

APPELLATE SIDE

116. What record on Criminal Appellate Side to be permanently preserved
42
117. Criminal returns when to be destroyed 42
118. Other records when to be destroyed 42

Procedure

119. Making of documents to be permanently preserved 42
120. Useless records to be destroyed once a year 43
121. Applications for return of documents to be made early
43
122. Method of destroying useless records 43

CHAPTER XII
Copies

123. Copy not to be made without order 43
124. Contents of application 43
125. Application by stranger 44
126. Who may grant copies and of what record 44
127. Registration of application and estimate of copying and other fees
45
128. Preparation of copies not commenced until prescribed fees deposited
45
129. Procedure when amount deposited insufficient 46
130. Section-writers to make copies 46
131. Copies how made 46
132. Copies to be compared before certified 46
133. Copies how certified 46
134. Cancellation of Court-fee stamps on certified copies before issue
47
135. Posting of list of copies ready for delivery 47
136. Uncertified copies may be certified 47
137. Refund 47
138. Head Copyist responsible for safe custody of record 48
139. What accounts to be maintained re copying and comparing fees a Distribution of Fee
48
140. Registrar includes Registrar (O.S.) 48

CHAPTER XIII
Translations

141. Official translation alone admissible 49
142. Reader to attend when document not in Arabic-Sindhi, Gujrati or Urdu
49
143. Procedure when documents are required to be transcribed in another character before translation
49
144. Affidavit by reader 49
145. Statement to be added to transcript 49
146. Translation from dictation of reader when inadmissible in evidence
50
147. If transcript is incorrect, costs of fresh translation 50
148. When matter to be referred to Court 50
149. When documents are to be sent in for translation. On failure costs may be disallowed
50
150. Application for translation to state date of hearing 50
151. Private translation prohibited 50
152. Consequence of default in payment of fees 50
153. Sanction for immediate translation 51
154. Translation of entry in lieu of copy 51
155. Oath or affirmation to Translator 51
156. Duties of Head Translator 51
157. Form of Register of applications for translations 51
158. Estimate of cost and payment thereof to be made before translation made
52
159. Checking of translations 52
160. Copies of translations to be made by sectional-copyists
52
161. Provisions of Chapter XII apply 52

CHAPTER XIV
Inspection

162. Inspection allowed only on application in writing 52
163. Application by stranger 53
164. Inspection before R.K. during office hours 53
165. Copies of extracts not to be taken 53
166. Registrar to include Registrar, O.S 53

PART V
CHAPTER XV
Administrative Business

167. Chief Judge to be incharge of administrative business 54
168. All administrative business to be submitted to the Chief Judge
54
169. Matters on which all Judges to be consulted 54
170. Registrar to be incharge of office administration 54
171. No Court officer to be receiver or guardian without previous sanction
55
172. No officer of Court to be a surety and no advocate or officer to be bail
55

PART VI
RULES NDER SPECIAL ENACTMENTS
CHAPTER XVI
Rules under Section 491(2) of the Code of Criminal Procedure, 1898

173. Applications under section 491, Criminal Procedure Code 36
55
174. Rule nisi on prima facie case 56
175. Order on hearing of rule 56
176. Procedure as to evidence to be recorded 56
177. Procedure in case of difference of opinion 56
178. Issue of warrant 56
179. Warrant to whom addressed 57
180. Forms of warrants 57

CHAPTER XVII
Rules under Section 99-f of the Code of Criminal Procedure, 1898, and Section 27 of the Indian Press (Emergency Powers) Act, 1931

181. Application supported by affidavit 57
182. Title 57
183. Form 57
184. Petition to state interest of applicant 57
185. Grounds to be stated 58
186. Translation of documents annexed to be filed 58
187. Presentation to Registrar. Date of hearing 58
188. Notice to secretary to Government of Sind, Home Department
58
189. Preparation of paper-books 58
190. Costs 58
191. Provisions of the Code made applicable 58

PART VII
CHAPTER XVIII
Advocates’ Clerks

192. Definitions 59
193. Qualifications of registered clerks 59
194. Application for registration 59
195. Register of clerks a Certificate of registration 60
196. Renewal of certificate 61
197. Advocate to report discharge of his registered clerk. Registrar to remove such registered clerk from Register

61
198. Re-registration of clerk whose name is removed under rule 196 (3) or rule 197
61
199. Only registered clerks to have access to Courts or offices
62
200. What ministerial acts may be done by registered clerk 62
201. Registered clerk not to do business on behalf of another advocate
63
202. Suspension or removal of registered clerk 63
203. Persons whose name struck off not eligible for re-registration
63
204. Persons registered as clerks immediately before commencement of these rules to be deemed to be registered clerks

APPENDIX A Forms 64

APPENDIX B Registers 71

APPENDIX C Scale of Fess 75

APPENDIX D The Sindh Courts Act, 1926 (Bom.
VII of 1926) 80

APPENDIX E The Sindh Courts (Supplementary Act,
1926 (XXXIV of 1926) 97

APPENDIX F List of amendments made in the
First Schedule to the Code of Civil
Procedure, 1908, by the Court of
the Judicial Commissioner of Sindh 106

APPENDIX G Rules made by the Privy Council 117

The Sind Chief Court Rules
(Appellate Side)

PART I
GENERAL
CHAPTER I
PRELIMINARY

1. Short title. These rules may be cited as “The Sind Chief Court Rules. Appellate Side.”

2. Commencement and repeal.-(1) They shall come in to operation on the expiry of 30 days from the *date of their publication in the official Gazette, and shall also apply so far as may be practicable to all proceedings then pending.

(2) So much of the rules of the Court of the Judicial Commissioner of Sind, as is not annulled by the Sind Chief Court Rules (Original Side), is hereby annulled.

3. Definitions.-(1) In these rules unless there is anything repugnant in the subject or context--

(i) “Act” means the Sind Courts Act, 1926;

(ii) “Registrar” means the Registrar, Appellate Side and includes in his absence the Registrar, Original Side; and

(iii) “Rules (O.S)” means the Rules of the Sind Chief Court, Original Side.

(2) Interpretation-Rules 3 to 5 of the Rules (O.S.) shall, so far as may be, apply to the interpretation of these rules.

(3) Alteration, etc., of rules in First Schedule to the Code.- The rules contained in the First Schedule to the Code shall, so far as they are inconsistent with or contrary to these rules, be deemed to have been thereby altered or superseded.

___________
CHAPTER II
SITTINGS, OFFICE HOURS, VACATIONS AND HOLIDAYS

4. Sittings.- The Courts on the Original Side and on the Appellate Side shall ordinary sit from 11 a.m. to 5 p.m. with recess from 2 p.m. to 3 p.m.

5. Office hours.- The offices of the Court on the Appellate as well as the Original side shall be open daily, except in vacation and on Saturdays and holidays, from 10-30 a.m. to 5-30 p.m., but no work, unless of an urgent nature, shall be accepted after 4-15 p.m. and no money shall be received or paid in the Nazir’s Office after 3-15 p.m. On Saturdays the Offices shall be opened from 10-30 a.m. to 2-30 p.m., but no work shall be accepted after 1 p.m. nor money paid or received in the Nazir’s Office after 12 in the noon.

1* * * * * * * *

6. Vacation.- The long vacation to be observed in the several Courts and offices of the Chief Court both on its Original and Appellate Sides shall ordinarily be for a period of one month which shall begin and end on such days as the Chief Court may direct.

7. Court holidays.- The several Courts and offices of the Chief Court on its Original and Appellate Sides shall be closed on such holidays as the Chief Court from time to time directs. A list of such holidays shall be published yearly in the Official Gazette; Provided that a suitable arrangement shall be made for urgent work during Court holidays and the long vacation.

__________
PART II
EXERCISE OF APPELLATE JURISDICTION
CHAPTER III
CONSTITUTION AND POWERS OF BENCHES.
Division Court

8. Jurisdiction ordinarily exercised by Division Court of two Judges.- The Civil and Criminal jurisdiction of the Chief Court on the Appellate Side shall, except as otherwise provided by any law for the time being in force and by these rules, be exercised by a Division Court consisting of two Judges:

2* * * * * * * *

Single Judge

9. Matters disposed of by a single Judge.- The following matters may be disposed of by a single Judge:-

(i) applications under rules 8 and 10 of Order XXII of the Code;

(ii) applications for postponement or for expediting the hearing of cases, not otherwise provided for, or for fixing and particular day for the hearing of a case;

(iii) applications to excuse delay in respect of, or to decide as to the admissibility of, any appeal or application presented after the period prescribed by law;

(iv) applications to be allowed to appeal as a pauper under O.XLIV of the Code;

(v) appeals or applications in which no steps have been taken or in which all endeavours have failed to serve notice on a respondent or opponent within the period prescribed by law or these rules;

(vi) applications under O.I., rr. 10 and 11 of the Code;

(vii) applications under O.XLI, rr. 5, 6 and 10 of the Code;

(viii) applications for the transfer of any suit, appeal or other proceeding from one of the Civil Courts subordinate to the Chief Court to another of such Courts or to the Chief Court;

(ix) applications for the transfer of an inquiry or trial or other proceedings from one of the Criminal Courts subordinate to the Chief Court to another of such Courts or to the Chief Court;

(x) applications under section 215, 426 and 498 of the Code of Criminal Procedure;

(xi) applications against order of the Registrar passed under these rules;

(xii) during the vacation or holidays, civil or criminal applications of an urgent nature.

10. Matters which by order of the Chief Judge may be disposed of by a single Judge.- Subject to the provisions of section 14 of the Act, the following matters may, by general or special order of the Chief Judge, by disposed of by a single Judge: Provided that the Judge may refer any matter brought before him under this rule to a Division Court:-

(i) appeals from appellate decrees under section 100 and O.XLII of the Code;

(ii) appeals under section 47 of the Code.

(iii) appeals under the Guardians and Wards Act, 1890.

(iv) appeals from orders under section 104, Order XLIII, r. 1 of the Code, and S. 39 of the Arbitration Act, 1940.

(v) appeals under the Proviso to section 75(1) and under section 75(3) of the Provincial Insolvency Act, 1920;

(vi) applications under section 115 of the Code, section 25 of the Provincial Small Cause Courts Act, 1887, section 32 of the Karachi Small Cause Courts Act, 1929, section 24 of the Mamlatdars’ Courts Act, 1906;

(vii) applications under section 439 and 561-A of the Code of Criminal Procedure.

11. Appeals, etc. involving questions of law referred to in S. 205, Government of India Act, 1935, to be heard by Division Court.- (1) Nothing in rules 9 and 10 shall apply to matters which involve a substantial question of law as to the interpretation of the Government of India Act, 1935, or any Order in Council made thereunder.

(2) Where in any matter brought before him under rule 9 or rule 10 it appears to the Judge at any stage of the proceeding that it involves a substantial question of law as to the interpretation of the Government of India Act, 1935, or any Order in Council made thereunder, he shall refer it to a Division Court.

Full Bench

12. Composition of Full Bench.- (1) A full Bench shall consist of any number of Judges not less than three.

(2) When a reference is made under section 12 of the Act by a Bench of two Judges, one of the referring Judges or both may sit as a member or members of the full bench.

___________
CHAPTER IV
POWERS OF THE REGISTRAR, APPELLATE SIDE, AND THE DEPUTY REGISTRAR

13. Powers and duties of Registrar in connection with admission.- (1) The Registrar shall admit to the Register of Appeals all memoranda of appeals and cross-objections, which are duly stamped, are in the form, contain the particulars required by law and these rules, are accompanied by the necessary copies and are presented within the period prescribed for the same.

(2) The Registrar shall decide all questions under sub-rule (1), and return a memorandum of appeal or cross-objections to be amended in accordance with the procedure or practice of the Court or to be represented after such other requisition, as he is empowered to make, has been complied with.

(3) The Registrar may reject or return for amendment any memorandum of appeal under Order XLI, Rule 3 of the Code.

(4) No appeal shall be considered pending within Order XLI, Rule 6 of the Code until it has been admitted to the register.

14. Application of rule 13 to applications.- The provisions of rule 13 apply mutates mutandis to all applications other than memoranda of appeals which may be presented to the Court, and the term “appellant” in rule 13 includes “applicant” and the term “respondent” includes “opponent”.

15. Application which may be disposed of by Registrar.- the Registrar may dispose of the following applications:-

(i) applications for the admission of a next friend of minor or a person of unsound mind or for the appointment of a new next friend or a guardian for the appeal or application;

(ii) applications under Order I, Rule 8 of the Code;

(iii) applications for issue of fresh notice or for extending the time for, or ordering a particular method of, service of notice on a Respondent [Order XLI, Rule 14, and Order IX Rule 5 (1)];

(iv) applications for entering on the record the name of the heir or legal representative of the deceased Appellant or Respondent (Order XXII, Rules 2, 3 and 4);

(v) applications to add additional points to the memorandum of appeals or for formal orders directing them to be brought before the Court with the appeal. (Order XLI, Rules 1 and 2);

(vi) applications for extension of time for payment of process fees, printing charges, translation charges, etc., not paid within the time allowed;

(vii) applications to excuse delay in filing copies, required by the rules and applications for dispensing with the filing of such copies if the appeal is otherwise filed in time;

(viii) applications for extension of time in cases remanded for further evidence or findings on issues;

(ix) applications for extending the time or excusing the delay in filing applications for translations under rules 62 and 63;

(x) application for orders for substituted service (Order V Rule 20);

(xi) applications for the issue of notices to proposed guardians. [Order XXXII, Rule 3(4)];

(xii) applications for withdrawal of appeals or cross-objections or for consent decrees except those in which the sanction of the Court is needed under order XXXII, Rules 7 and 15;

(xiii) applications for the return of documents;

(xiv) applications for the refund of the money deposited with the Nazir,

16. Other powers of Registrar.- The Registrar may besides-

(i) sign all decrees made by the Court;

(ii) call for records from subordinate Courts;

(iii) dispose of requisitions by subordinate Courts for records and documents;

(iv) require any person or party to file an affidavit with respect to any application or matter in respect of which he has power to exercise any discretion or to make any order;

(v) stop at his discretion the issue of any documents copy or other paper to any person who has failed to pay any fee or charges due to the Court;

(vi) receive applications for substitution of names in an appeal to His Majesty in Council and issue notices thereon;

(vii) decide the question of the necessity for transcribing and printing any account not specifically applied for by the parties to appeals to His Majesty in Council;

(viii) call for a further deposit when the deposit already made by the appellant in an appeal to His Majesty in Council is not sufficient to defray the cost of preparing the record, and to fix the time within which such further deposit is to be made;

(ix) order payment of the interest accruing on Government Promissory Notes deposited under Order XLV, Rule 7 of the Code, and to order refund of any unexpended balance under Order XLV, Rule 12 of the Code;

(x) exercise all the powers of a Court under Order XLV, Rule 8;

(xi) make an order for payment of costs of any application heard by him;

(xii) refer any matter before him to the Court for orders.

17. Delegation of powers by Registrar to Deputy Registrar.- The Registrar may delegate to the Deputy Registrar his powers under sub rule (1) of rule 13 to return a memorandum of appeal which does not contain the particulars required by law and these rules or is not accompanied by the necessary copies, and his powers under sub-rule (3) of rule 13, and clauses (iv), (v), (viii) and (x) of rule 16 and also as regards “applications for issue of fresh notice” under clause (iii) of rule 15.

18. Revision of orders of Registrar and the Deputy Registrar. Order made by the Registrar or the Deputy Registrar under rules 13 to 15 and clauses (v), (vii), (x) and (xi) of rule 16 shall be subject to revision by a single Judge on the motion of the party aggrieved; but all order made by the Registrar under Order V, Rules 19, 20, 21 and 21-A of the First Schedule to the Code shall be final.

19. Powers under S. 152, C.P.C.- The Registrar and the Deputy Registrar may exercise all the powers of a Court under section 152 of the Code in respect of their own orders under rules 13 to 16.

________
PART III
PRACTICE AND PROCEDURE
CHAPTER V
GENERAL
Form of Proceedings

20. Title of appeals and applications.- (1) Every memorandum of appeal and every application shall be entitled “In the Chief Court of Sind” and shall state the jurisdiction (Appellate Civil, Appellate Criminal, memorandum of civil appeal shall further state immediately below the title whether it is “First Appeal”, “Second Appeal” or “Appeal under S. 14 (2) of the Sind Courts Act, 1926.”

(2) Every civil appeal and application for revision shall be accompanied by an applications for the preparation of copies and translations specified in Chapter IX.

Institution of Proceedings

21. Joinder of parties in criminal appeal or application.- In criminal matters several persons, complaining of one order or judgment affecting them all, may join in one appeal or application for revision and one copy of the Judgment or order complained of shall be sufficient: Provided that Court-fee is paid by each appellant or applicant as if he had appealed or applied separately.

22. Application for transfer to be supported by affidavit.- In all application for the exercise of the Revisional Jurisdiction of the Chief Court and in every applications for the transfer of a suit or of a civil or criminal matter the statement of facts contained therein and not appearing in the judgment or order complained of shall be supported by an affidavit, unless, in any criminal matter, the Court shall see fit to dispense with the affidavit.

23. Copy of Judgment or order to accompany application for revision.- Every application for the exercise of the Revisional Jurisdiction of the Chief Court shall be accompanied by a copy of the 1[Judgment and decree or order] complained of.

24. Copies of decrees, etc., of lower Courts to accompany second appeals and civil revision applications.- Memoranda of second appeal for the revision of appellate decrees or orders shall be accompanied 2[by copes of the decree and judgment or order of the lower Appellate Court].

25. Copies of Judgments to accompany appeals against acquittals and criminal revision applications.- Appeals against acquittals on appeal, and applications in criminal matters for the revision of orders passed on appeal shall be accompanied by copies of the judgment of both the lower Courts.

26. Appeal or application after limitation to be accompanied by petition and affidavit explaining delay.- When an appeal or application for revision is presented after the prescribed period of limitation, it shall be accompanied by a petition supported by an affidavit setting forth the cause of the delay.

27. Typed copies of appeals and applications to be furnished by parties.- [(1)] 1In all appeals and revisional applications and in interlocutory applications therein to be heard by a Division Court, the party, other than the accused in Jail who is not represented by an advocate, shall furnish to the office two typewritten copies of the memorandum of appeal or applications, judgments or orders of the lower courts and of the affidavits, if any.

1[(2) In all appeals and revisional applications to be heard by a Single Judge the party as a aforesaid shall furnish to the office one typewritten copy of the judgment or order of the Court exercising original jurisdiction.]

28. Registrar to dispense with the copies of the judgment in subsequent appeals by co-accused.- Where a criminal appeal or revisional application accompanied by the requisite number of copies of judgments is pending in the Chief Court, the Registrar may dispense with copies of judgments in any further appeal or revisional application presented by any party affected by the same judgment.

29. When copies in other case may be dispensed with.- The Registrar may dispense with copies of the Judgment or orders (but not decrees) referred to in rules 23, 24 and 25 when they are already on the record in a matter pending in the Chief Court.

30. All proceedings on Appellate Side to be presented to Deputy Registrar.- (1) All appeals and applications for revision shall be presented to the Deputy Registrar or, in his absence, to the Registrar. Applications for leave to appeal in forma pauperis shall be presented to the Registrar. Appeals from jail may be received by post. Interlocutory applications in appeals and revisional applications shall be presented to the Sheristedar concerned or to such other officer as may be appointed by the Chief Judge for the purpose.
(2) The officer concerned shall forthwith enter and initial the date of receipt on the proceedings, attest documents or copies of documents filed therewith and cause the Court-fee stamps to be cancelled.

The Deputy Registrar shall thereafter submit the memoranda of appeals and applications for revision to the Registrar.

31. Course to be followed when certain affidavit and copies not filed.- When an appeal or application is not accompanied by the affidavit or copies other than copies of decrees required to be filed along with it under the provisions of rule 22 to 25, the Registrar may extend the time for a period not exceeding one month in the aggregate for filing them. If they are not filed within such extended time, the Registrar shall return the appeal or application to the party or his Advocate.

32. Return of papers to parties when registration refused.- Whenever registration of any appeal, memorandum of cross-objections or application is for any reason refused by the Registrar, the papers shall be returned to the party or his Advocate who presents them.

33. Registers to be kept.- (1) The following registers shall be kept on the Appellate Side:--

Civil Appellate Side

(a) Register of First Appeals.

(b) Register of Second Appeals.

(d) Register of Miscellaneous Appeals.

(e) Register of References and Revision and Miscellaneous Applications.

Criminal Appellate Side

(f) Register of Criminal Appeals.
(g) Register of Confirmation Cases.

(h) Register of Criminal References and Revision and Miscellaneous applications.

(2) All appeals against orders under section 104 or Order XLIII of the Code and any other order not having the force of a decree shall be registered as miscellaneous appeals.

Procedure on Admission

34. Notice to Advocate-General or Public Prosecutor and District Magistrate in criminal appeals and revisional applications.- Notice shall be given to the Advocate-General or the Public Prosecutor, as the case may be, of the dates of hearing of all cases submitted for confirmation under section 374 of the Code of Criminal Procedure, 1898, and to the Advocate-General or the public Prosecutor, as the case may be, and to the District Magistrate concerned of the dates of hearing of all criminal appeals and revisional applications admitted to a regular hearing.

35. In what matters advocate appointed at Government cost.- When on a submission for confirmation under section 374 of the Code of Criminal Procedure, 1898, or on an appeal from an acquittal or on an application for revision by enhancement of sentence the accused is undefended, an advocate shall be appointed by the Division Court to undertake the defence at the cost of Government in accordance with the Government notification or rules relating thereto. Such advocate shall be supplied a copy of the paper-book free of cost.

36. Form of warrant.- The warrant under section 427 of the Code of Criminal Procedure, 1898, shall be issued in Form No.2 in Appendix A.

37. Calling for records from lower Courts in interlocutory matters. In an appeal or revisional application from an interlocutory order in any suit or matter the record and proceedings of the lower Court shall not be called for by the Registrar’s office unless the Court of its own accord or on the application of a party has ordered them to be sent for.

38. Process fee when to be ordinarily paid to the Nazir. After expiry of time not to be received without order. Effect of failure to pay. Process fee for the service of notice shall be paid to the Nazir within 14 days from the date of the order admitting the appeal or application or the order directing notice to issue. After the expiry of the prescribed times the fee shall and be received without our order of the Registrar upon an application duly stamped and setting forth sufficient grounds for the delay and supported, if so directed, by an affidavit.

If process fee be not paid within the prescribed time or within any extension of time granted by the Registrar, the appeal or application shall be brought before the Court for disposal.

39. Time for filing objections after receipt of lower Court’s finding on issues sent down.- When issues have in any appeal been sent down to the lower Court, a party shall be allowed ten days from the date of the notice on the Court notice-board of the receipt of the lowers Court’s findings thereon to file such objections as he may consider necessary under O.XLI, rule 26(1) of the Code.

Dates and Cause-List

40. Hearing of appeals and applications-fixing of duties.- (1) Civil and criminal appeals and revisional applications and interlocutory applications therein shall be heard on such days and for such period in a month as the Chief Judge may from time to time by general or special order direct.

(2) Subject to such order of the Chief Judge as aforesaid, the Registrar shall fix dates in all appeals and applications pending on the Appellate Side. For this purpose he shall sit at 12 noon on such days as may, by general or special order of the Chief Judge, be prescribed.

(3) Subject to any special order in that behalf, in fixing dates for find disposal of appeals or applications, preference shall be given to the following matters, namely;-

(i) part-heard appeals;

(ii) appeals from orders (including orders in execution);

(iii) appeals in which the proceedings in the lower Court have been stayed;

(iv) appeals and references in Income-tax and commercial cases; and

(v) appeals in which a preliminary point of Court fee or limitation arises.

41. Cause-list.- A list of all appeals and revisional applications and interlocutory applications therein appointed to be heard before a single judge or Division Court shall be prepared and posted on the Court notice-board a fortnight before the Commencement of the sitting of such Judge or Court.

42. Duties of Sheristedars on Appellate Side.- The Sheristedars on the Appellate Side shall, so far as may be, perform such duties on the Appellate Side as the Sheristerdar is empowered to perform on the Original Side.

General

43. Practice and procedure on Original Side to apply to Appellate Side.- The practice and procedure obtaining on the Original Side with regard to the form of proceedings, to the appointment removal and discharge of next friends, guardians-ad-litem, receivers, bail furnishing of security, and to other matters of procedure not expressly provided for in these rules shall apply on the Appellate Side, so far as may be consistent with these rules.

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CHAPTER VI
APPEALS UNDER SECTION 14 (2) OF THE ACT

44. Limitation.- Any person wishing to appeal under sub-section (2) of section 14 of the Act against a decision of a Judge, shall file the memorandum of appeal within 60 days from the date of the decision appealed against, unless the Court in its discretion, on good cause shown, shall excuse the delay.

45. Form.- The memorandum of appeal shall be drawn up in accordance with the provisions of Order XLI, rule 1, of the Code and shall be accompanied by the declaration referred to in the said sub-section. It need not be accompanied by a copy of the judgment or decree appealed against. The declaration referred to above shall ordinarily be asked for immediately after the decision has been given by the Judge.

46. Appeal fixed for final hearing before a Division Court without summary hearing.- The appeal shall not be fixed for preliminary hearing under order XLI, rule 11 of the Code but shall be brought before a Division Court for final hearing after it is admitted to the register and notice of the appeal is served upon the respondent.

47. Vakalatnama.- Any Advocate who conducted the appeal before the Judge may appear and plead in the subsequent appeal without filing a fresh vakalatnama, but no additional fee shall be included in the bill of costs in the case of an appeal against a decree made under Order XLI, rule 11 of the Code.

48. Rules 5 and 6 of order XLI made applicable.- The provisional of Order XLI, rules 5 and 6 of the Code shall be applicable to appeals under this Chapter.

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CHAPTER VII
REVIEWS, REVISIONS AND REFERENCES

49. Application for review.- When an application for review proceeds on the ground of discovery of fresh matter or evidence, the documents, if any, relied upon shall be annexed to the application with a list in Form No.5 in Appendix H, Schedule I, of the Code, together with an affidavit setting forth the circumstances under which such discovery has been made.

This rule shall apply also to review of judgments or orders on the Original Side.
50. Notification of day for hearing.- The day for hearing an application for review of judgment shall be notified in manner provided for appeals under Order XLI, rules 14 and 15 of the Code or under section 422 of the Code of Criminal Procedure, 1898, as the case may be.

51. When revisional application not entertained.- In the absence of special circumstances the Chief Court will not entertain an application in revision where such application might have been made to a lower Court.

52. Cases to be forwarded to the Registrar.- When a reference is made under Order XLVI of the Code or S. 33 of the Karachi Small Causes Court Act, 1929, or S. 438 of the Code of Criminal Procedure, 1898, it shall be forwarded together with other necessary papers to the Registrar.

53. Number and Title to be entered in a Register.- The case shall be numbered and the number of the case and the names of the parties shall be entered in the Register of References and Revision and Miscellaneous Applications maintained in the Registrar’s officer.

54. Date appointed for hearing to be notified.- The Registrar, as soon as the case is received, shall fix a day for the hearing thereof. The Registrar shall notify the day fixed for the hearing of the case to the Advocate of the parties or, if they are not represented by Advocates, to the Court from which the reference is received for communication to the parties.

55. Copy of the Judgment to be sent.- The Registrar shall, after disposal of the reference, forward to the Court or other authority concerned a certified copy of the judgment or order of the Chief Court.

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CHAPTER VIII
LIMITATION

56. Time for applications for exercise of Civil Jurisdiction. Applications for the exercise of the Court’s Jurisdiction under section 115 of the Code, section 25 of the Provincial Small Cause Courts Act, 1887, or section 32 of the Karachi Small Cause Courts Act 1929, shall be made within 90 days from the date of the decision complained against, exclusive of the time required for obtaining copies.

57. Time for application by Government for exercise of Criminal Jurisdiction in revision.- (1) Applications by Government for the exercise of the Court’s Jurisdiction in revision in Criminal matters shall be made within six months from the date of the decision complained against, exclusive of the time required for obtaining copies.

(2) Time for like applications by other person.- Applications by other persons for the same purpose shall be made within sixty days from the date of the decision complained against, exclusive of the time required for obtaining copies:

Provided that where a revisional application is made to the Sessions Judge or the District Magistrate and rejected by that officer, the period of sixty days shall be computed from the date of the order of the Sessions Judge or the District Magistrate.

58. Court may excuse delay.- Nothing in rules 56 and 57 shall prevent the Court from excusing in its discretion any delay in the presentation of the applications referred to in these rules.

59. Time for revision of order of Registrar, etc.- A motion for the revision of an order passed by the Registrar or Deputy Registrar while exercising the powers delegated to him shall be made within 15 days of the date of the order complained of.
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CHAPTER IX
PREPARATION OF PAPER-BOOKS
CIVIL

60. Papers which must be included in paper-book.- In all civil appeals and revisional applications admitted to regular hearing a paper-book shall be prepared for the use of the Judge or Judges hearing the appeal or revisional application containing copies of,-

(1) in the case of appeals from original decrees,-

(i) the pleadings,

(ii) the issues,

(iii) depositions of witnesses and documents exhibited,

(iv) the judgment and the decree of the Original Court,

(v) the memorandum of appeal,

(vi) the memorandum of objections, if any, under Order XLI, rule 22 of the Code,

(vii) any document rejected by the Original Court, where its rejection is a ground of appeal or cross-objections, and

(viii) such other documents as the Registrar may direct on notice to the parties;

(2) in the case of appeals from appellate decrees,-

(i) the pleadings,

(ii) the judgment of the first Court,

(iii) the judgment of the lower Appellate Court,

(iv) the memorandum of Second Appeal, and

(v) the memorandum of cross-objections, if any;

(3) in the case of appeals under section 14(2) of the Act,-

(i) the memorandum of appeal,

(ii) the judgment of the first Court,

(iii) the judgment of the Court of first appeal, and
(iv) the judgment appealed against;

(4) in the case of miscellaneous appeals,-

(i) the order appealed against, and

(ii) the memorandum of appeal; and

(5) in the case of revisional applications,-

(i) the judgment or order sought to be revised, and

(ii) the memorandum of the applications.

61. Other papers may be included on appellant filing list.- Upon receipt of the record and proceedings from the lower Court, a notice shall be served on the appellant or his advocate requiring him to prepare and deliver within a fortnight of the service of the notice a list of all papers, other than those mentioned in the last preceding rule, upon which the decision of the appeal depends and which the appellant desires to be included in the paper-book at his own expense. Such list shall be called “the appellant’s list.

62. Appellant to make application for translation.- The appellant shall, within the time prescribed under the last preceding rule, make an application for translation of all such documents required under rules 60 and 61 to be included in the paper-book as are not in English.

63. Respondent’s list.- On receipt of the appellant’s list, a notice of such fact shall be given to such respondents or their advocates as have entered appearance by then. The notice shall also require such respondents to file, within a fortnight of the service thereof, a list of the papers other than those specified in the appellant’s list and relevant to the appeal, which they desire to be included in the paper-book at their own expense.

Such list shall be called “the respondent’s list” and shall be accompanied by an application for translation of such of the papers referred to therein as are not in English.
64. Form of application for translation.- Applications for translation shall clearly state the number and portions of documents the translation of which is required. Where portions of documents or accounts are required to be translated, they shall be initialed.

65. Any party entitled to inspect the list.- Any party shall be entitled to inspect the list of any other party and to obtain at his own expense a copy of the whole or of any portion thereof.

66. When respondent may apply for inclusion of any paper at the cost of the appellant.- If the respondent considers that any paper upon which the decision of the appeal depends has been omitted from the appellant’s list, he may, at the time of filing his list under rule 63 and after giving notice to the appellant of his intended applications apply to the Registrar for a order that such paper be inserted in the paper-book at the cost of the appellant:

Provided that if the application is disallowed by the Registrar, such respondent shall be at liberty, at that time, to pray for the inclusion of the paper mentioned in his application in his list at his own cost:

Provided also that where a respondent enters appearance after settlement of the index, he shall not be entitled to make such applications.

67. Accounts, etc., not to be prepared in full.- A long series of documents such as accounts, rent rolls, inventories etc., shall not be typed in full, unless it is absolutely necessary to do so. Parties may agree to short extracts being typed as specimens.

68. Procedure regarding objection to inclusion of document.-Any party objecting to the inclusion of a document on the ground that it is unnecessary or irrelevant, shall raise such objection after the respondent’s list is filed and before the index is settled.

On such objection being raised, the Head Translator shall refer it to the Registrar for orders. The Registrar’s order shall be final: Provided that it shall be opened to the party whose document is excluded to provide at the time of hearing, after serving copies on the opposite party, types copies of such excluded documents for the use of the Court.
69. Deposit of costs estimated.- After the time prescribed by rules 61 and 63 for filing the appellant’s list and the respondent’s list respectively, or any extension thereof under rule 72 has expired and the objections of the parties under rules 66 and 68, if any, have been disposed of, the Head Translator shall prepare an index of the papers to be included in the paper-book and shall prepare an estimate of the cost of translations, if any. He shall then pass on the record and proceedings to the Head Copyist who shall prepare an estimate of the cost of typing such papers. On the costs being so estimated, a notice shall be issued to the appellant and to the respondent, to deposit the same within fifteen days of the receipt thereof:

Provided that if the estimated sum exceeds Rs.400 a sum not less than Rs.400 shall be deposited at a time unless the balance payable shall be less than that sum.

70. Deposit of additional Amount.- (1) If the amount deposited is found to be insufficient, the additional amount required shall be duly estimated and notice shall be given to the appellant or the respondent, as the case may, be requiring him to deposit it within a week of the service of such notice.

(2) No work in the matter of the preparation of the paper-book which is likely to cost more than the sum deposited, shall ordinarily be undertaken until such additional deposit has been made, unless the Registrar shall otherwise direct.

71. If respondent’s list not filed paper-book prepared according to appellant’s list or under rule 60.- (1) If the respondent does not enter an appearance or does not deliver the list directed by and within the time prescribed by rule 63 or any extension thereof under rule 72, the paper-book shall be prepared in accordance with the appellant’s list, if any.

(2) If the appellant’s list is also not filed within the time prescribed by rule 61 or any extension thereof under rule 72, the paper book shall be prepared in accordance with rule 60.

72. No extension of time except on application in writing.- The time allowed under rules 61 to 63 and 69 and 70 may be extended from time to time, only on an application made in writing duly stamped and setting forth sufficient grounds for granting the extension.

73. Consequences of default in making deposit, etc.- (1) If the appellant fails to make as application in accordance with rule 62 or if he fails to make the deposit or additional deposit required by rules 69 and 70, respectively, within the time prescribed or within such extension thereof as may be allowed, the Registrar shall cause the appeal to be set down for hearing in Court.

(2) The Court may, unless satisfied that there was reasonable ground for the default, direct the appeal to be dismissed for want of prosecution, or may pass such other order as may seem proper in the circumstances of the case.

(3) If any such default as is referred to in sub-rule (1) is committed by the respondent, such papers specified in the respondent’s list as require to be translated or in respect of which the deficit amount is required to be deposited shall not be included in the paper-book.

74. Procedure on respondent applying for inclusion of papers in paper-books subsequently.- If any respondent upon whom notice under Order XLI, rule 14 of the Code has been served after the settlement of the index desires that papers other than those inserted in the appellant’s list or the other respondent’s list, if any, and relevant to the subject-matter of the appeal, should be included in the paper-book at his expense, he shall, within fifteen days of the service of the notice aforesaid, make an application in writing duly stamped. The application shall be heard and disposed of by the Registrar after notice to the other party, if necessary.

(2) If the application is granted, rules 63, 68 and 69 shall apply, so far as may be, to the preparation of the index, estimate of costs and deposit thereof.

75. Paper-book to consist of typewritten copies.- Copies of papers to be included in the paper-book shall be typed by the Copyists’ Branch at the prescribed rates.

76. Number of copies to be typed.- The number of copies of the paper-book to be typed shall be fixed by the Registrar at the time of settling the index according to the nature of the appeal, after hearing the parties.

77. Rules 61 to 75 apply to civil revisional applications.- Rules 61 to 75 apply to all civil revisional applications which are admitted to regular hearing.

78. Preparation of paper-book if appeal dismissed under rule 73 and cross-objections not withdrawn.- If an appeal is dismissed under sub-rule (2) of rule 73, a respondent, who has filed cross-objections under Order XLI, rule 22 of the Code and has not withdrawn them at or before such hearing, shall within 30 days from the date of the dismissal of the appeal take steps for the preparation of the paper-book, and rules 60 to 76 shall apply so far as may be to the preparation of such paper-book.

CRIMINAL
Cases involving Capital Sentences

79. Printing of record.- (1) On a reference under section 374 of the Code of Criminal Procedure, 1898, and in criminal appeals involving a sentence of death one copy of the memorandum of appeal, or, if not in English, of its translation, shall be typed in the office and one typed copy of the sessions proceedings, or, if not in English, of their translation, shall be prepared by the Sessions Court concerned and forwarded to the Registrar. The typed copy of the proceedings together with a typed copy of the memorandum of appeal or reference shall be sent to the Sind Government Press where the requisite number of copies shall be printed.

(2) The provisions of sub-rule (1) shall apply mutatis mutandis to preparation of the record of the Chief Court exercising Sessions Court Jurisdiction.

80. Copy to be supplied free to defence advocate.- The printed book in such cases shall be supplied free to the advocate for the defence.

Other Appeals, References and Revisions

81. Paper-book in appeals.- In criminal appeals a paper-book shall be prepared containing copies of,-

(i) the charge;

(ii) the depositions and documents admitted in evidence or, if not in English, of their translations;

(iii) opinion of assessors and judgment or, as the case may be, heads of charge to and verdict of the jury, and sentence passed; and

(iv) the memorandum of appeal.

82. Paper-book in miscellaneous appeals and applications.- In miscellaneous appeals, revisional applications, and references, other than those covered by rule 79, a paper-book shall be prepared containing copies of,-

(i) the judgment or order under objection or, if not in English, its translation; and

(ii) the memorandum of applications of reference.

83. Cost.- The copies required for the paper-book under rules 81 and 82 shall be typed in the office and subject to rule 35, the typed paper-book shall be supplied at half the usual copying fees to the advocate for the defence. If an advocate for the defence wants any papers to be typed in addition to those specified in rules 81 and 82, the requisite number thereof will be typed by the Copyists’ Branch at the usual rates at the cost of the party concerned.

84. Number of copies to be fixed by Registrar.- The number of copies of the paper-book to be printed or typed shall be fixed by the Registrar.

85. Two copies of printed book and two copies of judgment to be sent to Government if death sentence confirmed.- If the death sentence is confirmed, two copies of the record of the case printed under rule 79 and of the judgment of the Appellate Court shall in all cases be sent to the Provincial Government forthwith.

Sessions Appeals

86. Paper-book in sessions appeal.- In all appeals and revisional applications admitted to regular hearing by the Chief Court in its Sessions Court Jurisdiction, a paper-book shall be prepared and rules 81, 82 and 84 shall apply, so far as may be, to the preparation thereof.

87. Copies to be typed.- The copies required for the paper-book under rule 86 shall be typed by the Copyists’ Branch at the usual rate and at the cost of the appellant or the applicant.

General

88. Paper-book to be bound and paged.- (1) The copies shall be bound and paged in the form of a paper-book. The index shall be placed at the beginning.

(2) Reference to matter of record made from paper-book only. No paper in the record and proceedings of the case which is not included in the paper-book shall be referred to at the hearing of the appeal without the special leave of the Court. But this rule shall not preclude the Court from referring to any paper to which it considers a reference necessary for the ends of justice.

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CHAPTER X
PRIVY COUNCIL AND FEDERAL COURT APPEALS
Appeals to the Privy Council

89. Form.- Every petition, under Order XLV, rule 2 of the Code, shall be in the form prescribed by the Code, for appeals.

90. Mode of service of notice under Order XLV, rule 3.- The notice under Order XLV, rule 3, shall be served upon the opposite party in accordance with the provisions of Order V of the Code.

91. Security for costs.- (1) The security to be furnished under sub-rule (1) of rule 7 of Order XLV, shall, unless otherwise ordered, be in the sum of Rs.4,000 in cash or in Government Securities of the approximate market value in the sum of Rs.4,000, but in no case exceeding Rs.10,000.

(2) Where Government Securities are tendered, they shall be endorsed to the Registrar.

92. Security under proviso to Order XLV, rule 7 (1).- (1) Where in any case under the proviso to sub-rule (1) of rule 7 of Order XLV of the Code the Court permits immovable property to be offered as security, the applicant shall file a mortgage bond duly registered together with specification of the title to such property.

(2) When such a bond has been filed, the Court shall direct the security to be verified by the Judge of the District in which the immovable property is situate or by any other public officer.

Upon the arrival of any report as to the sufficiency of any security the Registrar shall cause notice thereof to be posted on the notice-board of the Court and all parties desirous of objecting to the report shall, within one week from the date of such notice, file a notice specifying their objections and serve a copy of such notice upon the other parties to the appeal.

If the security tendered by found insufficient, the applicant shall be bound, within six weeks of the date of such finding, to deposit cash or Government securities to the required extent.

93. Deposit of expenses of transcript.- The applicant shall also within the period prescribed by Order XLV, rule 7(1) of the Code deposit in Court towards defraying the fees and expenses of preparing, completing and transmitting the record, the sum of Rs.200.

94. Size and style of printing.- (1) The record shall be printed either in India or in England in accordance with the following directions:-

(a) It shall be printed in the form known as demy quarto (i.e., 54 ems in length and 42 in width) and on both sides of each leaf;
(b) the size of the paper used shall be such that the sheet, when folded and trimmed, will be eleven inches in height and eight inches and a half in width;

(c) the type to be used in the text shall be Pica type; but Long Primer shall be used in printing accounts, tabular matter and notes;

(d) the number of lines in each page of Pica type shall be forty-seven or thereabouts, each line being five inches and three quarters, or 146 millimeters;

(e) every tenth line on each page shall be numbered in the margin, that is, the tenth line will be numbered 10, and the second tenth line 20, and so on, and the number of the record with the subject thereof shall be printed at the top of the margin on each page.

(2) Arrangement of paper-book.- The record shall be arranged in two parts in the same volume, where practicable.

Part I shall contain the following papers, namely:-

(a) the pleadings,

(b) the issues,

(d) judgment and decree of the trial Court,

(e) the memorandum of appeal,

(f) objections, if any, under order XLI, rule 22 of the Code,

(g) the proceedings in the Appellate Court, if any,

(h) the Judgment and decree of the Appellate Court,

(i) the petition for leave to appeal, affidavits, etc.,

(j) the certificate granting leave,

(k) the order admitting the appeal, and

(l) such other documents, as the Registrar may direct on notice to the parties.

Part II shall contain the exhibits and documents.

(3) The Index to Part I shall be in chronological order and shall be placed at the beginning of the volume.

The index to Part II shall follow the order of the exhibit mark, and shall be placed immediately after the Index to Part I.

(4) Part I shall be arranged strictly in chronological order, i.e., in the same order as the Index.

Part II shall be arranged in the most convenient way for the use of the Judicial Committee, as the circumstances of the case require. The documents shall be printed as far as suitable in chronological order, mixing Plaintiff’s and Defendant’s documents together when necessary. Each document shall show its exhibit mark, and whether it is a Plaintiff’s or Defendant’s document (unless this is clear from the exhibit mark) and in all cases documents relating to the same matter, such as-

(a) a series of correspondence, or

(b) proceedings in a suit other than the one under appeal,

shall be kept together. The order in the Record of the documents in Part II will probably be different from the order of the Index, and the proper page number of each document shall be inserted in the printed Index.

(5) The documents in Part I shall be numbered consecutively.

The documents in Part II shall not be numbered apart from the exhibit mark.

(6) Each document shall have a heading which shall consist of the number or exhibit mark and the description of the document in the Index, without the date.

(7) Each document shall have a marginal note which shall be repeated on each page over which the document extends, viz:-

Part I.- (a) Where the case has been before more than one Court, the short name of the Court, shall first appear. Where the case has been before only one Court, the name of the Court need not appear.

(b) The marginal note of the document shall then appear consisting of the number and the description of the document in the Index, with the date, except in the case of oral evidence.

(c) In the case of oral evidence, “Plaintiff’s evidence” or “Defendant’s evidence” shall appear beneath the name of the Court, and then the marginal note consisting of the number in the Index and the witnesses’ name, with “examination,” “cross-examination,” or “re-examination,” as the case may be.

PART II.- The word “Exhibits” shall first appear.

The marginal note of the exhibit shall then appear consisting of the exhibit mark and the description of the document in the Index with the date.

(8) The parties shall agree to the omission of formal and irrelevant documents, but the description of the document may appear (both in the Index and in the Record), if desired, with the words “not printed” against it.

A long series of documents, such as accounts, rent rolls, inventories, etc., shall not be printed in full, unless advocates so advise, but the parties shall agree to short extracts being printed as specimens.

(9) In cases where maps sent from abroad are of an inconvenient size or unsuitable in character, the appellant shall, in agreement with the respondent, prepare in England from the materials sent from abroad maps drawn properly to scale and of reasonable size, showing as far as possible, the claims of the respective parties in different colours.

95. Contents and preparation of transcript.- (1) Within two weeks of the costs for the preparation of the paper-book being deposited an Index of all the documents included in the transcript shall be prepared by the office in Form No.5 in Appendix A and annexed to the record, and shall be followed by a list of all other papers, documents, and exhibits in the case not included in the transcript.

(2) As soon as the Index and list are ready, a notice in Form No.6 in Appendix A shall be issued by the Registrar requiring the advocates of both parties to attend the Registrar’s office for the purpose of settling the Index within the time specified in the notice.

(3) It shall be in discretion of the Registrar to omit from the transcript any documents which have not, within the time specified, been expressly asked for by the parties.

(4) If the Advocate fail to attend or to settle the Index within the time specified, the Registrar shall place the matter before the Appellate Court without further delay. Any costs incurred on such account shall be borne in such manner as the Appellate Court may direct.

(5) If the parties are agreed as to the documents to be omitted, such documents shall not be translated or transcribed.

(6) In the case of the parties differing as to any document and the Registrar being of opinion that it should be translated and transcribed, the matter shall be brought before the Appellate Court for determination.

(7) Any of the parties may apply to the Appellant Court within 15 days from the date of the Registrar’s order directing any documents to be included in or excluded from the transcript record.

(8) If either party shall expressly ask for translation or inclusion of any document and the application is granted, the circumstance shall be noted in the transcript.

96. Documents in vernacular to be translated.- (1) All documents which are not in the English language and have not been translated for the use of the Chief Court or of the parties shall be translated into English and certified to be translations by the Court Translator.

All previous translation shall be revised by the Court Translator if the Court specially orders or if any of the parties so desire and shall then be certified by him to be true translations.

(2) Costs of translation, further deposit.- Within two weeks after the date of any final notification to the Registrar or other proper officer specifying the papers to be translated or transcribed, the Head Translator or other proper officer shall make an estimate whether the deposit made by the applicant will be sufficient to cover the expenses with a margin of Rs.100; and if not, what further deposit will be necessary. The Registrar or other proper officer will notify the amount of the further deposit to the applicant who shall be required to deposit this further amount within one month of the service of notice upon him; when the actual cost of the transcript has been ascertained, the balance, if any, of the amount deposited will be returned to the applicant.

97. Failure to furnish security for costs.- If the applicant shall fail within the time prescribed to furnish security for costs or to deposit the amount required for the preparation of the record in accordance with rules 91, 92, 93 and 96 (2), the proceedings shall be placed before the Appellate Court for disposal.

98. Scale of fees.- Fees prescribed in Chapter II in Appendix C shall be levied for the preparation, examination and certifying of the transcript of the record.

99. Application for transmission or original documents.- In case any original documents are required to be transmitted with the record, application for that purpose shall be made to the Registrar, who may made such order or refer the matter to the Appellate Court.

100. Practice as to translations and paper-books.- Save as herein provided, the practice as to translation and paper-books shall be regulated by such office rules as the Chief Judge and Judges may, from time to time determine.

101. Procedure on delay in the preparation of transcript.- A list shall be maintained showing the numbers and dates of all pending Privy Council Appeals in various stages of preparation, and the Registrar shall examine every quarter all such appeals in arrears, and call on the appellant who may be responsible for the delay to show cause before the Appellate Court why the appeal should not be dismissed for want of prosecution.

Appeals to the Federal Court

102. Appeals by special leave.- The provisions of rules 89 to 101 (both inclusive) shall apply so far as may be to appeals admitted by an order of His Majesty in Council granting special leave to appeal.

103. Which Bench to hear applications under S. 205-Procedure after grant of certificate.- (1) If the Court has failed to give of its own motion a certificate under section 205 (1) of the Government of India Act, 1935, and any application has been duly made for such certificate by a party desiring to appeal to the Federal Court, the Application shall be heard by the Judges who decided the case or (if not available) by such Bench consisting of not less than two Judges as the Chief Judge may direct.

(2) Where a certificate has been granted under section 205 (1) of the Government of India Act, 1935, the foregoing provisions of this Chapter shall apply to civil appeals to the Federal Court as they apply in relation to appeals to His Majesty in Council and the reference to the Judicial Committee in rule 94 (4) shall be read as reference to the Federal Court:

Provided that-

(i) the security to be furnished under rule 91 (1) shall ordinary be in the sum of Rs.2000;

(ii) the record shall be printed at Karachi and the provisions of rule 94 shall be subject to the directions, if any, issued by the Federal Court under rule 1 of Order XII, of the Federal Court Rules, 1942 and for the time being force; and

(iii) where the only ground of appeal stated in the petition is that any question of law as to the interpretation of the Government of India Act, 1935, or any order in Council made thereunder is wrongly decided the Provisions of rules 91, 92 and so much of rule 97 as relates to the furnishing of security for costs shall not apply.

1[103-A.- (1) Where the Federal Court has allowed an appeal and remitted the case to the Chief Court with a declaration as to the judgment, decree or order which is to be substituted for the judgment, decree or order appealed against, the Chief Court shall; on receipt on receipt of the Federal Court’s declaration, re-admit the appeal under its original number, shall fix a date for pronouncing judgment or order in accordance with the declaration of the Federal Court and shall send notice of the date so fixed to the parties to the appeal.

(2) On the date so fixed or any subsequent date to which the case may be adjourned, judgment or order shall be pronounced in open Court in accordance with the declaration of the Federal Court and shall be signed and dated by the Judge or Judges who passed it.

(3) Notice under sub-rule (1) may be served on the advocates of the parties in the appeal in the Chief Court, or, if any such party was not represented by an advocate, may be sent by registered post to the address for service of such party in the Chief Court or in the Lower Court.]

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PART IV
RECORDS
CHAPTER XI
PRESERVATION AND DESTRUCTION OF RECORDS
RECORD KEEPER

104. Decided matters to be sent to record keeper.- All record of decided matters shall be delivered to the custody of the Record-Keeper.

105. Duties of Record Keeper.- (1) The Record-Keeper shall take charge of the record of all decided matters, correspondence files, account books and registers delivered to him.

(2) He shall received and keep in safe custody all documents entrusted to him.

(3) He shall be responsible for custody of the records and perform the following duties:-

(i) supervise the work of copyists and of the librarian;

(ii) prepare indents for stationery and printed forms and be in charge of them;

(iii) maintain a Register of expenditure of stationery and forms;

(iv) supervise the postal dispatch work and the work of the book-binder;

(v) keep weighing machines, postal and railway guides, service stamps Register, Post Book and any other office supplies; and

(vi) date and punch second holes in the Court-fee stamps in decided matters but not so as to render it impossible or difficult to ascertain the value or nature of the stamps.

106. Arrangement of records of decided matters.- (1) The Records of decided matters shall be arranged in chronological order of the dates of disposal. The records of decided civil matters shall be classified separately as (i) Suits including Execution, (ii) Miscellaneous Application, and (iii) Appeals.

The record of each class for each year shall be tied in a separate bundle and labeled.

(2) The records of correspondence and accounts shall be arranged in chronological order of the year to which they relate and classified as (i) Correspondence and (ii) Accounts.

(3) General Record Registers shall be kept in Form No. I in Appendix B for Civil and Criminal decided matters separately.

107. Register of Requisitions for Records.- (1) The Record-Keeper shall also maintain in Form No.2 in Appendix B a Register of Requisitions for Records in which shall be entered forthwith, in the order in which they are received in the record office, all requisitions for records other than those received from the copying branch. All requisitions shall be disposed of promptly in their serial order, preference being given only to such requisitions as have been certified to be urgent by the Sheristedar.

(2) When a requisition is so defective that the Record-Keeper cannot comply with it, it shall be returned with the defects specifically noted and the reason for non-compliance endorsed on it and the Record-Keeper shall note the return in column 5 of the Register of Requisitions for Records.

(3) A requisition for records must not be returned on frivolous grounds. If the particulars given are sufficient to identify a record or if there are means for finding out the record, it must be found even though the description given may in some respects be inaccurate.

108. Removal slip.- (1) Whenever a record is removed form the record room, there shall be inserted in the place occupied by the record in its bundle a removal slip on which shall be entered a full description of the record and the serial number of the requisition as entered in the Register of Requisitions. Each such slip shall be initialled by the Record-Keeper.

(2) When a record is received back in the record room, the Record-Keeper shall:-

(i) carefully examine it to see that it is complete and in order. If the Record-Keeper notices that any document is missing or that the record discloses any other defect, he shall at one report the matter to the Registrar;

(ii) make an entry in column 6 of the Register of Requisitions and initial it;

(iii) place back the record in its proper place and remove the removal slip.

109. Plan of record room.- A plan of the Record Room shall be prepared by the Record-Keeper indicating the position and serial number of the several racks and almirahs in the Record Room or in each room of it if there be more than one, and the serial number of the several shelves in each rack and almirah. The plan shall be kept up-to-date and hung up in a conspicuous place in the Record-Keeper’s office room.

110. Duties of the Librarian.- The Librarian shall keep a catalogue of all law Reports. Act, Collections of Rules and Order, Text Book, Gazette and other publications. All books and publications should be stamped with the Court seal immediately upon receipt and should be entered in the catalogue and arranged systematically in the Library as far as possible in the following manner:-

(1) English Law Reports;

(2) English Statutes;

(3) Indian Law Reports sub-divided into Allahabad, Bombay, Calcutta, Karachi, Lahore, Lucknow, Madras, Nagpur and Patna Reports, and Rangoon Reports;

(4) Indian Act sub-divided into Central, Bombay, Sind and other Acts;

(5) General Rules and Orders, Local Rules and Order, the Sind Chief Court Rules, the Sind Civil Courts Rules, the Sind Courts Criminal Circulars, the Civil Account Code, the Civil Service Regulations and Miscellaneous Collections;

(6) Dictionaries, Digests English and Indian Text Books and other Books of Reference;

(7) Administration Reports and Gazette sub-divided into India, Bombay and Sind Government Gazettes.

A separate class for old editions of all publications may be reserved.

The law Reports, Act, Gazettes should be bound periodically, the latest editions of the Un-repealed General Act, of India, the Bombay Code, the General and Local Rules and orders, the Sind Chief Court Rules, the Sind Civil Courts Rules, the Sind Courts Criminal Circulars, the Civil Account Code and the Civil Service Regulations should be kept up-to-date by pasting in the correction slips issued from time to time.

DESTRUCTION OF RECORDS
General

111. Records to be permanently preserved.- The following records and documents shall be preserved permanently:-

(1) records of all suits involving questions of land-tenure or which refer or corporeal or incorporeal hereditaments or to exclusive rights or privileges or which illustrate local tribal usage;

(2) records of all suits brought by or against the Crown or its officers;

(3) records of cases which are not of a description cognizable by a Small Cause Court and which in the opinion of the Registrar related to matters of public interest or may hereafter be of historical value. Discretion under this sub-rule shall be carefully exercised;

(4) original wills, title deeds of or relating to immovable property or authenticated copies of the same filed in the case, whether admitted in evidence or not;

(5) accounts or copies of accounts relating to public revenue. Original accounts of revenue management of or connected with alienations of revenue by this or former Governments;

(6) in other suits or matters;

(a) diary;

(b) order sheet;

(d) petition of compromise, if given effect to in the decree, and also in the case of minors or lunatics, any order the Court sanctioning the compromise;

(e) award of the arbitrators or report of commissioners in matters relating to immovable property if referred to or given effect to in the decree;

(f) judgment, decree and any other final order, including copy of judgment, decree or order, if any of the appellate court;

(g) all applications for execution, warrants issued thereon and the returns to such warrants, and applications for adjustment of decree; and

(h) documents the return of which or copies of which have been refused to the parties applying for the same.
Note.- Cases will be very few in which it will be necessary to refuse copies or return of original documents. When such necessity exists, it should, with the reasons for it, be noted on the application for copy or return and a brief not for the preservation of the exhibit should be made on the document, which is then to be treated directed in rule 119.

(7) English correspondence with the Provincial or Central Government;

(8) catalogues of the records destroyed;

(9) printed books, Acts, Registers, Circular Orders and Forms except Forms regarding accounts, unless a special order is issued for the destruction of such as have become obviously useless.

112. Period for destruction of other record.- Save as provided in rule 111 and with the exception of such documents as for special reasons recorded thereon in writing the Judge may thing worthy of preservation, all records shall be destroyed after six years from the date of final decree or order, or, in the case of correspondence, of final disposal of it.

Note.- Original documents obtained from Courts of Government Officers, if not returned under rule 216 of Chapter XIV of the Rules (O.S.), shall be returned at the time when, under the rules as to documents not thus obtained, they would be destroyed. They shall be marked as provided in rule 119.

Civil Records,
APPELLATE SIDE

113. What record on Appellate Side to be permanently preserved. The following records on the Civil Appellate Side shall be permanently preserved:-

(i) in the case of first appeals, second appeals, appeals from orders, and appeals under section 14(2) of the Act-

(a) memorandum of appeal;

(b) a copy of the lower Courts’ judgments or orders;

(d) printed copy of the record in Privy Council Appeal, if any;

(ii) in the case of civil revisional applications-

(a) the original applications;

(b) the judgment and order of the Chief Court;

(iii) in the case of civil references-

(b) the letter of reference;

(a) the judgment and order of the Chief Court.

(iv) the prescribed Registers.

114. Other record on Appellate Side to be destroyed.- Subject to the exceptions stated in rule 113, all records in first appeals, second appeals, appeals from orders, appeals under section 14(2) of the Act, civil revisional applications, civil applications and civil references shall ordinarily be destroyed after the expiry of six years from the date of the final decision or order.

Criminal Records
SESSIONS JURISDICTION

115. Destruction of record of committal proceedings.- (1) The Committing Magistrates’ proceedings shall ordinarily be destroyed at the end of the tenth year from the year in which the trial was concluded.

(2) Preservation of record of trial before Chief Court.- The record of trial held before the Chief Court and the prescribed Registers shall be permanently preserved.
APPELLATE SIDE

116. What record on Criminal Appellate Side to be permanently preserved.- The following records on the Criminal Appellate Side shall be permanently preserved:-

(i) in all criminal cases in which a sentence of death or transportation for life is passed or confirmed by the Chief Court-

(a) printed or typed copy of the proceedings of the Court of Session;

(b) judgment order and writ of the Chief Court, and of the Privy Council, if any;

(ii) cases of historical value;

(iii) cases of racial, religious or political riots or murders or other cases disclosing curious social customs;

(iv) in other cases only the judgment, order and writ of the Chief Court;

(v) the prescribed Registers.

117. Criminal returns when to be destroyed.- Criminal returns from Sessions Judges and Magistrates may be destroyed after two years.

118. Other records when to be destroyed.- Subject to the exceptions stated in rules 116 and 117, all records in Criminal appeals, confirmation cases, criminal references, criminal applications for revision, criminal reviews, criminal miscellaneous applications, shall ordinarily be destroyed after the expiry of ten years from the date of the final decision or order.

Procedure

119. Making of documents to be permanently preserved.- (1) In preparing the list of papers, which is placed in each record before handling it to the Record-Keeper, a star (*) should be prefixed to the title and number of each document, to be permanently preserved. When a document, in consequence of an order made as to it, comes under rule 111 (6) (h), its names is to be marked in the same way. The name of documents that are to be returned to Courts or offices, should be marked accordingly. The papers themselves should in each case be similarly marked and should be placed at the top of the bundle composing the record, so as to be easily separable from the rest.

(2) The date of destruction of unmarked papers shall be noted on the list which is preserved under rules 111 (8).

120. Useless records to be destroyed once a year.- The destruction of useless records shall take place once a year immediately before or at the time of the annual vacation.

121. Applications for return of documents to be made early.- Owners of documents who may wish to preserve documents filed by them should apply as soon as convenient for their return. A copy of rules 112, 114 and 118 shall be posted on the Court notice-board.

1[122. Method of destroying useless records.- The records to be destroyed should be torn up and made quite incapable of use again as documents. The fragments should, where possible be sold to manufactures of paper and the proceeds paid to Government; otherwise they should be burned.]
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CHAPTER XII
COPIES

123. Copy no to be made without order.- Except as provided by these rules, no copy shall be made or permitted to be made of any record, or portion of record, of any suit or matter unless an order granting it has been made on an application as hereinafter provided.

124. Contents of application.- Every application for a copy of any record or any portion of the record of a suit or matter shall be entitled in such suit or matter and shall set out a description of the particular document of which copy is required and the full postal address of the applicant if he desires it to be sent to him by post. The application shall be signed by the applicant or his advocate and may be presented in person or sent by post to the Registrar: Provided that an application under the next succeeding rule shall be presented personally.

125. Application by stranger.- (1) Where the application referred to in rule 124 is made by a person who is not a party to such suit or matter, it shall be supported by an affidavit stating the purpose for which the copy is required; and if the same is required for an intended or pending proceeding, the nature of the said proceedings and the relevancy of the document to the case of the applicant.

(2) The Registrar may in his discretion cause notice of such application to be given to the parties to the said suit or matter; and where such notice is given, the provisions of the Code and of these Rules with respect to summons to a defendant shall apply to the said notice.

(3) The Registrar, if satisfied that proper cause is shown and, if any notice has been issued to them under sub-rule (2), after hearing the parties may, subject to rule 126, make an order granting such application.

126. Who may grant copies and of what record.- (1) No copy shall be made of any official document except under an order in writing of the Registrar.

(2) No copy shall be granted in any case of notes of arguments recorded by a Judge.

(3) When a copy of a copy is granted, it shall be endorsed thereon that it has been copied from a copy.

(4) Subject to the provisions of sub-rules (1) to (3) and of rule 125, a copy shall be granted, as of course, by the Sheristedar concerned to a party to a suit or matter of any record or any portion of any record, of such suit or matter, whether decided or pending. Provided that copies or copies of documents filed therein by a person other than the applicant and not exhibited in evidence may be granted only by an order of the Registrar.

127. Registration of application and estimate of copying and other fees.- (1) As soon as an order for a copy has been made, the Head Copyist shall number and register the application in the order of its receipt in the Register of Applications for copies to be kept by him in Form No.3 in Appendix B, and shall enter on the application its serial number. He shall also at once, if possible, or during the same day but ordinarily not later than the following working day ascertain the amount of copying and comparing fees, when leviable, according to the scale prescribed in Chapter I, in Appendix C and enter them on the application and communicate them to the applicant.

(2) No fees shall be charged for copying papers wanted for a public purpose by officers other than the Advocate-General or the Government Pleaders of a Provincial Government or the Central Government or of the Government of Burma.

(3) The preparation of copies shall be undertaken in accordance with the serial order of applications unless otherwise ordered by the Registrar:

Provided that on payment of an extra fee of four annas by a Court fee stamp upon the application and on extra payment of half the copying fees and comparing fees, if any, an applicant should be entitled to obtain a copy, if possible, within 24 hours and in any case within 48 hours, of any document among the records of this Court.

128. Preparation of copies not commenced until prescribed fees deposited.- (1) No copy shall be commenced until the estimated amount of the copying and comparing fees when leviable have been deposited with the Head Copyist: Provided that the Registrar may sanction the preparation of copies costs of which are to be recovered by value payable post.

(2) If the estimated amount of fees and, in the case of a certified copy, also the requisite stamp is not deposited within seven days from the date of the communication under sub-rule (1) of rule 127 to the applicant, the application shall be rejected and note to the effect made in column No. 24 of the Register of Applications for Copies.

129. Procedure when amount deposited insufficient.- (1) If the amount of fees deposited is found to be insufficient, a notice shall be given to the applicant to make good the deficit. Such notice shall be affixed on the notice-board and, where the applicant resides outside the headquarters of the Court and has given his postal address, shall be sent to him by post also.

(2) If the deficit is not made good within seven days from the day the notice is affixed on the board under sub-rule (1), or, as the case may be, the date of delivery of the notice in the ordinary course of postal communication, the application shall be rejected but only as regards the documents which cannot be prepared by reason of such deficit.

130. Section-writers to make copies.- Copies shall be promptly made by section-writers appointed for the purpose. But when no section-writer is available or when copies are required by law or these rules to be made free of cost, they shall be made during office hours by a member of the paid establishment.

131. Copies how made.- Copies shall be strictly accurate and shall show the paging and the numbering of the lines appearing on the original Copies of the English record shall always be typed, and of the other record shall be written in a clear hand on proper foolscape paper with the inner quarter blank margin. Paper shall be provided to the section-writers at their cost.

132. Copies to be compared before certified.- Copies shall not be certified to be true copies until compared and initialed by a duly authorized member of the regular establishment.

133. Copies how certified.- Certified copies shall be endorsed with the following particulars:-

(1) the date of application for the copy;

(2) the date of estimate of fees;

(3) the date of deposit of estimated fees and the date of supply of stamp;

(4) the date of certification by the Sheristedar; and

(5) the date of delivery of the copy.

They shall be certified at the foot to be a “true copy”, shall bear the seal of the Court on each page, and shall be dated and subscribed in full with his name and official title by the Sheristedar. The certifying officer shall initial every alteration and interlineations in the copy.

134. Cancellation of Court-fee stamps on certified copies before issue.- Certified copies shall not be issued until the Court fee stamps affixed to them have been cancelled by punching out a portion not being the figure head nor the expression of the value of the stamps and by writing across the paper and the stamps the date and signature of the certifying officer.

135. Posting of list of copies ready for delivery.- (1) A list of copies ready for delivery shall be posted on the notice-board.

(2) If a copy is not claimed by the applicant-within six months from the date of posting the aforesaid list, the copy shall be destroyed and the fact shall be noted in the remarks column of the Register of Applications for Copies.

(3) Where the applicant has applied that a copy should be sent to him by post, the copy shall be sent accordingly.

136. Uncertified copies may be certified.- Uncertified copies may be converted into certified copies after comparison with the original upon the application in writing of the person to whom they have been granted and upon his depositing with the Head Copyist comparing fees at the prescribed scale and delivering to him the Court-fee stamps required by law.

137. Refund.- Fee once paid cannot be refunded if the work for which the fees were paid has been done. If only part of the work has been done, a proportionate part of the fees paid may be refunded under the order of the Registrar.

138. Head Copyist responsible for safe custody of record.- The Head Copyist shall be responsible for the safe custody of proceedings and documents entrusted to him for making copies by the Sheristedars, Civil or Criminal Clerks or Record-Keeper. He shall keep proceedings when not in actual use in the safe provided for the purpose till the copies are made. He shall return documents at the close of each day for safe custody to the Record-Keeper. When the copies have been made the proceedings and documents shall promptly be returned to the safe custody, as the case may be of the Sheristedars, Civil or Criminal Clerks or the Record-Keeper.

139. What accounts to be maintained re copying and comparing fees-Distribution of Fee.- (1) All copying and comparing fees shall as received, be entered in the Register of Applications for Copies by the Head Copyist under the directions of the Record-Keeper and shall also be endorsed on the applications for copies. They shall further also be entered at once in the Daily Fee Book to be kept by the Record-Keeper in the form prescribed for use for the Civil Courts subordinate to the Chief Court.

(2) Deficit amount if any when subsequently received, shall be endorsed on the application and at once entered in the Daily Fee Book.

(3) At the close of the day the Record-Keeper shall cause the Head Copyist to take the endorsed applications and the money, together with the Daily Fee Book, to the Nazir and hand over the money to him and take the Nazir’s signature on the Daily Fee Book. The Nazir shall compare the endorsements on the applications with the entries in the Daily Fee Book before signing it. The Nazir shall keep a deposit fee account in the form and in the manner prescribed for civil courts subordinate to the Chief Court.

(4) Copying fees shall be distributed monthly among sectional copyists, according to the work done by each, by the Nazir under the direction of the Registrar.

140. Registrar includes Registrar (O.S.).- In this Chapter the term “Registrar” includes the Registrar, (O.S.) in respect of matters on the Original Side of the Chief Court.

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CHAPTER XIII
TRANSLATIONS

141. Official translation along admissible.- Documents not in English shall not ordinarily be admitted in evidence unless officially translated into English before the hearing by the Court Translators.

142. Reader to attend when document not in Arabic-Sindhi, Gujrati or Urdu.- Whenever an application is made for translations of a document which is written in any language other than Arabic-Sindhi, Gujrati or Urdu, it shall be the duty of the party applying for such translation to produce within a week from the date of making such application a person who can read it and who is prepared to make the usual reader’s affidavit about the correctness of his reading and his knowledge of the language in which it is written. If the reader is not so produced, the Head Translator shall note the fact on the application and return it to the Sheristedar concerned for being filed with the record of the case.

143. Procedure when documents are required to be transcribed in another character before translation.- Documents which require to be read over before they can be translated into English by the Translator (a) shall be read by the reader provided by the party or his advocate, who shall, after having read the same, make an affidavit that he has truly and correctly, and to the best of his ability, read the same, and (b) shall be transcribed and signed by a translator. Such transcript shall be attached to and produced in Court with the translation.

144. Affidavit by reader.- When the reader provided is unable to read a document without assistance, the document may be read to the translator by any other person available, who shall, after having read the same, make an affidavit that he has truly and correctly and to the best of his ability read the same.

145. Statement to be added to transcript.- In all such cases the translator shall add to the transcript a statement of the name, description or occupation, and place of abode of any person who may have read, or given assistance in reading, the documents thus: “Read to me by A. B. of No. Street (occupation). Assistance was given in reading this document by of

146. Translation from dictation of reader when inadmissible in evidence.- No translation of any document transcribed by the translator from the dictation of a reader shall be read in evidence at the trial of any defended cause unless, before such trial, notice shall have been given to the opposite party or his advocate, in order to enable such party to attend before the sworn translator and verify the correctness of the transcript, or unless the opposite party or his advocate consents to such reading in evidence.

147. If transcript is incorrect, costs of fresh translation.- If the transcript is found to be incorrect and a fresh translation is rendered necessary, all costs of, and incidental to, such fresh translation shall be borne by the party filing the document.

148. When matter to be referred to Court.- If a document is in a language which the Court translator cannot transcribe or translate, the matter shall be referred to the Court for necessary orders.

149. When documents are to be sent in for translation. On failure costs may be disallowed.- An advocate or a party in person shall, as soon as practicable, apply for translation of any document on which he may rely. If he fails to so apply or applies so late that the translation is not ready for use when the case is called on, the Court may disallow costs of such translation.

150. Application for translation to state date of hearing.- When an advocate or party in person applies for translation of any document, he shall, so far as he can, state in the application the date of the hearing of the suit or matter in which the translation is to be used.

151. Private translation prohibited.- The making and supervising of private translations by the Court Translators of documents relating directly or indirectly to suits or matters pending in Court is prohibited.

152. Consequence of default in payment of fees.- If a party or an advocate fails to pay the translation fees for any document which has been translated, the Head Translator may, in his, discretion refuse to receive an application for translation of any fresh documents from such party or advocate until the sum due for translation fees is discharged.
153. Sanction for immediate translation.- The Registrar may, on good cause shown, sanction the immediate translation of any document on payment of double the usual fees.

154. Translation of entry in lieu of copy.- When an entry in any account book, which is not in the English language, is put in evidence under order XIII, rule 4 of the Code, the translation of such entry shall be marked and recorded in lieu of a copy thereof.

155. Oath or affirmation to Translator.- Every Translator before his admission to office shall take an oath or solemn affirmation that he will, to the best of his ability, translate accurately all the documents given to him for translation.

156. Duties of Head Translator.- The Head Translator shall-