Order V - Business in chambers : Supreme Court Rules 2013

What are Business in chambers? Order V of Supreme Court Rules 2013

 

Order V of Supreme Court Rules 2013 : "Business in chambers"

The powers of the Court in relation to the following mailers may be exercised by the Registrar, namely:-

(1) Application for discovery and inspection.

(2) Application for delivery of interrogatories.

(3) Application for substituted service or for dispensing with service of notice of the appeal on any of the respondents to the appeal under rule 7 of Order XIX.

 

 

(4) Application for time to plead for production of documents, and generally relating to the conduct of cause. appeal or mailer save those coming under rule 2 of this Order.

(5) Application for leave to take documents out of the custody of the Court.

(6) Questions arising in connection with the payment of court fees.

(7) Application for the issue of a certificate regarding any excess court fee paid under a mistake.

(8) Application for requisitioning records from the custody of any court or other authority.

(9) Application for condoning delay in paying deficit court fees.

(10) Application for condonation of delay in filing statement of case, provided that where the Registrar does not think lit to excuse the delay, he shall refer the application to the Court for Orders

(11) Application for appointment and for approval of a translator or interpreter.

(12) Application for withdrawal of appeal by an appellant prior to his lodging the petition of appeal.

(13) Application for production of documents outside Court premises.

(14) Application for payment into Court.

(15) Application for payment out of Court of money or security, or interest or dividend on securities.

(16) Application for extending returnable dates of warrants.

(17) Application for refund of security deposit or part thereof, or for payment out of security deposit.

(18) Application for directions regarding preparation of record.

(19) Application for exemption from filing of certified copies of judgments, decrees, orders, certificates or orders granting certificate:

 

Provided that application for exemption from filing of certified copies of judgments or orders accompanying a special leave petition shall be posted before the Court along with the Special Leave Petition.

(20) Application for condonation of delay in re-filing, provided the delay does not exceed 60 days from the date of notifying the defects.

(21) Application for condonation of delay in filing process fee.

(22) Application for extension of time for filing pleadings, provided that the Registrar shall not grant more than one extension for the purpose exceeding four weeks.

(23) Application for cancellation of date on the written joint request of the appearing parties, provided the matter has not appeared in the final cause-list, on the date of filing of application.

(24) Office Report for renewal of Fixed Deposit Receipts and Bank Guarantees, subject to directions otherwise by the Court.

(25) Application for exemption from filing official translation.

(26) Application for exemption from filing process fee and /or spare copies.

(27) All uncontested Interlocutory Applications of formal nature.

(28) Any matter which in accordance with orders or directions issued by the Court, is required to be dealt with by the Registrar.

(29) Imposing costs on the party in default of compliance of the orders passed by the Registrar.

(30) Pre-final hearing matter to certify that the matter is ready in all respects to list the same before the Court for final hearing.

2. The powers of the Court in relation to the following matters may be exercised by a Single Judge sitting in Chambers, namely:-

(1) Application by advocate-on-record for leave to withdraw or for change or discharge of advocate-on-record.

(2) Application for leave to compromise or discontinue an appeal where permission was granted to sue as an indigent person,

(3) Application for striking out or adding party or for intervention in a suit, appeal or other proceeding,

(4) Application for separate trials of causes of action.

(5) Application for separate trials to avoid embarrassment.

(6) Rejection of plaint.

(7) Application for setting down for judgment in default of written statement.

(8) Application for better statement of claim or defence.

(9) Application for particulars.

(10) Application for striking out any matter in a pleading.

(11) Application for amendment of pleading and for enlargement of time to amend any pleading.

(12) Application to tax bills returned by the Taxing Officer.

(13) Application for review of taxation.

(14) Application for enlargement or abridgement of time except application for condonation of delay in filing Special Leave Petitions.

(15) Application for issue of commissions.

(16) Application for assignment of security Bonds.

(17) Questions arising in taxation referred by the Taxing Officer.

(18) Application for orders against clients for payment of costs.

 

(19) Application for taxation and delivery of bill of costs and for delivery by an advocate of documents and papers.

(20) Application for registration of advocates as advocates on record.

(21) Application for leave to proceed as an indigent person.

(22) Application for grant of bail where the petitioner is confined in jail for offence punishable with imprisonment upto seven years.

(23) Application for stay of execution of a sentence or order in criminal proceedings.

(24) Application by accused persons in custody for being produced before the Court at the hearing of the appeal.

(25) Consent application in interlocutory mailers.

(26) Application by accused persons for engagement of advocate under rule 16 of Order XX.

(27) Fixing the remuneration of a guardian ad litem.

(28) Summons for non-prosecution, which includes the power of dismissal for non-prosecution.

(29) Office Report on default.

(30) Application for exemption from paying court fee or extension of time for paying court fee or for furnishing undertaking, bank guarantee or security.

(31) Application for substitution, application for condonation of delay in seeking substitution and application involving selling aside abatement.

(32) Application for condonation of delay in re-filing where the delay exceeds 60 days from the date of notifying the defects.

(33) Application for refund of security.

(34) Application for withdrawal of any appeal, petition or suit with the consent of all the appearing parties or where the other side has not appeared.

(35) Application for exemption from surrendering, provided that not more than one opportunity be granted for surrendering. In case of refusal and/or if accused do (es) not surrender, the manor be placed before the Hon'ble Judge in Chambers for non-prosecution.

(36) Issue of fresh summons and notices.

(37) Application of a person who is not a party to the case, appeal or matter, for inspection or search or grant of copies for good cause shown.

(38) Application by third parties for return of documents.

(39) Application to appoint or discharge a next friend or guardian of a minor or a person of unsound mind and direct amendment of the record thereon.

(40) Application for consolidation of appeals and writ petitions for purposes of hearing, and preparation of record.

(41) Application for amendment of pleadings with the consent of all the appearing parties, or where the other side has not appeared.

3. Any person aggrieved by any order made by the Registrar under this Order may, within fifteen days of the making of such order, appeal against it to the Judge in Chambers.

4. The Registrar, may, and if so directed by the Judge in Chambers, shall, at any time adjourn any matter and lay the same before the Judge in Chambers, and the Judge in Chambers may at any time adjourn any matter and lay the same before the Court.