C O N T E N T S

PART I

GENERAL CHAPTER I

Preliminary

1.Short title1

2.Commencement and repeal1

3.Definitions1

4.Seal of the Court1

5.Presentation of Appeals etc.2

6.Urgent matters2

CHAPTER II

Sittings, Office Hours, Vacations and Holidays

7.Sittings2

8.Office hours2

9.Vacation2

10. Court holidays2

PART II

Exercise of Appellate Jurisdiction

CHAPTER III

Constitution and Powers of Benches

11.Jurisdiction ordinarily exercised by Division Court of two Judges3

(1) Civil Jurisdiction

(2) Criminal Jurisdiction

(3) Constitutional Jurisdiction

12. Matters disposed of by a Single Judge3

(1) Civil Jurisdiction

(2) Criminal Jurisdiction

(3) Constitutional Jurisdiction

13.Judge on duty during vacation4

14.Composition of Full Bench5

15.Reference to Division Bench or Full Bench5

16.Constitution of Benches5

CHAPTER IV

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

17.Powers and duties of Registrar in connection with admission5

18.Application of rule 17 to applications5

19.Application which may be disposed of by Registrar6

20.Other powers of Registrar6

21.Delegation of powers by Registrar to Deputy Registrar7

22.Revision of orders of Registrar and the Deputy Registrar7

23.Powers under S. 152 C.P.C.7

PART III

Practice and Procedure

CHAPTER V

GENERAL

Form of Proceedings

24.Title of appeals and applications7

Institution of Proceedings

25.Joinder of parties in criminal appeal or application8

26.Application for transfer to be supported by affidavit8

27. Copy of Judgment or order to accompany application for revision8

28.Copies of decrees, etc., of lower Courts to accompany second

appeals and civil revision applications8

29.Copy of Judgment to accompany appeal against conviction8

30.Copy of Judgment to accompany appeal against acquittal8

31.Grant of leave to appeal8

32.Provisions to apply acquittal appeals8

  1. Time within which appeal to be filed and the documents to

accompany the appeal under Section 417(2-A)8

  1. Appeal filed after limitation to be accompanied by petition

and affidavit explaining delay9

  1. Typed copies of appeals and applications to be furnished of parties9
  2. Registrar to dispense with the copies of the judgment in

subsequent appeals by co-accused9

  1. When copies in other case may be dispensed with9
  1. All proceedings on Appellate Side to be presented to Deputy

Registrar (J)9

  1. Course to be followed when certain affidavit and copies not filed9
  2. Return of papers to parties when registration refused9
  3. Institution Registers 10

(1) Civil Appellate Side

(2) Criminal Appellate Side

Procedure on Admission

  1. Notice to Advocate-General or Public Prosecutor in criminal

appeals and revision applications 10

  1. In what matters advocate appointed at Government cost10
  2. Form of warrant10
  3. Calling for records from lower Courts in interlocutory matters10
  4. 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 11
  5. Time for filing objections after receipt of lower Court’s finding on issues sent down 11

Dates and Cause-List

  1. Hearing of appeals and applications-fixing of dates11
  2. Cause-list11
  3. Duties of Assistant Registrars on Appellate Side11

General

  1. Practice and procedure on Original Side to apply to Appellate Side12

CHAPTER VI

APPEALS UNDER SECTION 3 OF THE ORDINANCE

  1. Limitation12
  2. Form 12
  3. Appeal fixed for final hearing before a Division Bench without

summary hearing12

  1. Vakalatnama12
  2. Rules 5 and 6 of Order XLI made applicable12

CHAPTER VII

Reviews, Revisions and References

  1. Application for review12
  2. Notification of day for hearing12
  3. When revision application not entertained12
  4. Cases to be forwarded to the Registrar13
  5. Number and title to be entered in a Register13
  6. Date appointed for hearing to be notified 13
  7. Copy of the Judgment to be sent13

CHAPTER VIII

Limitation

  1. Time for applications for exercise of Civil Jurisdiction13
  2. Time for application by Government for exercise of Criminal

Jurisdiction in revision13

  1. Court may excuse delay13
  2. Time for revision of order of Registrar, etc.13

CHAPTER IX

Preparation of Paper-Books

Civil

  1. Papers which must be included in paper-book13
  2. Other papers may be included on appellant filing list14
  3. Appellant to make application for translation15
  4. Respondent’s list15
  5. Form of application for translation15
  6. Any party entitled to inspect the list15
  1. When respondent may apply for inclusion of any paper at the cost

of the appellant15

  1. Accounts, etc., not to be prepared in full15
  2. Procedure regarding objection to inclusion of document15
  3. Deposit of costs estimated16
  4. Deposit of additional amount16
  5. If respondent’s list not filed paper-book prepared according to

appellant’s list or under rule 6816

  1. No extension of time except on application in writing16
  2. Consequences of default in making deposit, etc.16
  3. Procedure on respondent applying for inclusion of papers in

paper-book subsequently 16

  1. Paper-book to consist of typewritten copies17
  2. Number of copies to be typed17
  3. Rule 68 to 82 apply to civil revision applications17
  4. Preparation of paper-book if appeal dismissed under rule 81 and

cross-objection not withdrawn17

CRIMINAL

Cases involving Capital Sentences

  1. Printing of record17
  2. Copy to be supplied free to defence advocate17

Other Appeals, References and Revisions

  1. Paper-book in appeals17
  2. Paper-book in miscellaneous appeals and applications18
  3. Costs 18
  4. Number of copies to be fixed by Registrar18
  5. One copy of printed book and one copy of judgment to be sent

to Government if death sentence confirmed18

General

  1. Paper Book to be bound and paged18

CHAPTER X

Rules of Procedure in cases under Section 374

of the Code of Criminal Procedure

  1. Procedure18
  2. Contents of printed record18
  3. Copies of Record19
  4. Defence counsel at Government expenses19
  5. Time limit for hearing Murder References19
  6. Information of decision to accused19
  7. Record to be sent to Government19

CHAPTER-X-A

Rules regarding legal assistance to persons

charged with capital offences in the High Court

  1. Accused to be asked, if he can engaged a counsel20
  2. The Sessions Judge to certify if accused is pauper 20
  3. Sessions Judge while making reference to State is accused was

represented by counsel20

  1. Sessions Judge to certify that the accused is unable to engage a counsel 20
  1. High Court may arrange counsel at Government expense in cases other than poverty 20
  1. List of defence counsel to be maintained20
  2. Selected counsel to be provided with case record20
  3. Scale of Fees of Defence Counsel20

PART IV

RECORDS

CHAPTER XI

Preservation and Destruction of Records, Record Keeper

  1. Decided matters to be sent to record keeper21
  2. Duties of Record Keeper21
  3. Arrangement of records of decided matters21
  4. Register of Requisitions for Records22
  5. Removal slip22
  6. Plan of record room22

Destruction of Records

General

  1. Records to be permanently preserved22
  2. Period for destruction of other record23

Civil Records

Appellate Side

  1. The following record on Appellate Side to be permanently preserved 24
  1. Other record on Appellate Side to be destroyed24

Criminal Records

Appellate Side

  1. What record on Criminal Appellate Side to be permanently preserved 24
  1. Criminal returns when to be destroyed25
  2. Other records when to be destroyed25

Procedure

  1. Making of documents to be permanently preserved25
  2. Useless records to be destroyed once a year25
  3. Applications for return of documents to be made early25
  4. Method of destroying useless records25

CHAPTER XII

Copies

  1. Copy not to be made without order25
  2. Contents of application25
  3. Application by Stranger26
  4. Who may grant copies and of what record26
  5. Registration of application and estimate of copying and other fees26
  6. Preparation of copies not commenced until prescribed fees deposited 26
  1. Procedure when amount deposited insufficient27
  1. Copyist27
  2. Copies how made27
  3. Copies to be compared before certified27
  4. Copies how certified, endorsed with the following particulars27
  5. Cancellation of Court-fee stamps on certified copies before issue27
  6. Posting of list of copies ready for delivery27
  7. Uncertified copies may be certified28
  8. Refund28
  9. Head Copyist responsible for safe custody of record28
  10. What accounts to be maintained re: copying and comparing fees-Distribution of Fee 28
  1. Registrar includes Additional Registrar (O.S.)28

CHAPTER XIII

Translations

  1. Official translation alone admissible28
  2. Reader to attend when document not in Sindhi, Gujrati or Urdu28
  3. Procedure when documents are required transcribed in another character before translation 29
  1. Affidavit by reader29
  2. Statement to be added to transcript29
  3. Translation from dictation of reader when inadmissible in evidence29
  4. If transcript is incorrect, costs of fresh translation29
  5. When matter to be referred to Court29
  6. When documents are to be sent in for translation on failure costs may be disallowed 29
  1. Application for translation to state date of hearing29
  2. Private translation prohibited30
  3. Consequence of default in payment of fees30
  4. Sanction for immediate translation30
  5. Translation of entry in lieu of copy30
  6. Oath or affirmation to Translator 30
  7. Duties of Head Translator30
  1. Form of Register of applications for translations30
  2. Estimate of cost and payment thereof to be made before translation 30
  1. Checking of translations31
  2. Copies of translation to be made by copyist31
  3. Provisions of Chapter XII apply31
  4. Fees 31

CHAPTER XIV

Inspection

  1. Inspection allowed only on application in writing31
  2. Application by stranger31
  3. Inspection before R.K. during office hours31
  4. Copies of extracts not to be taken31
  5. Registrar to include Additional Registrar, O.S.31

PART V

CHAPTER XV

Executive and Administrative Business of the Court

  1. Administrative Judge32
  2. Administrative Committee32
  3. Allocation of administrative work32

(A) Matter for the Chief Justice

(B) Matters for Administrative Judges

(C) Matter for the Administrative Committee

(D) Matter for the Full Court

  1. Conduct and business by the Administrative Committee and the

Full Court 34

  1. Procedure for circulation34
  2. Opinion of Judge34
  3. Papers to be submitted to Chief Justice after circulation34
  4. Full Court meeting34
  5. Meeting of Administrative Committee34
  1. Notice of meeting to Judges34
  2. Quorum 35
  3. Decision in case of a difference of opinion35
  4. Proceeding to be recorded35
  5. Custody of minute book35
  6. Disposal of executive and administrative business of the Court during vacation 35
  7. Registrar to be in-charge of office administration35
  8. No Court Officer to be receiver or guardian without previous sanction 35
  1. No Officer of the Court to be a surety and no Advocate of Officer to be bail 35
  1. The Chief Justice may constitute committees36

CHAPTER XVI

Judge’s Library

  1. Librarian36
  2. Staff of Library36
  3. Duty of Librarian36

PART VI

Rules under Special Enactments

CHAPTER XVII

RULES FRAMED UNDER SECTION 491(2) OF THE CODE

OF CRIMINAL PROCEDURE, 1898, TO REGULATE

PROCEDURE IN CASE UNDER SECTION 491.

  1. Application supported by affidavit37
  2. Rule nisi on prima facie case37
  3. Search warrant37
  4. Assistance to the person entrusted with warrant37
  5. Warrant to whom addressed38
  6. Order on hearing of rule38
  7. Procedure as to evidence to be recorded38
  8. Bail pending hearing38
  9. Grant of compensation38
  10. Costs 38
  11. Forms of warrants38

CHAPTER XVIII

RULES UNDER SECTION 99-F OF THE CODE OF

CRIMINAL PROCEDURE, 1898

  1. Application supported by affidavit38
  2. Title 38
  3. Form 39
  4. Petition to state interest of applicant39
  5. Grounds to be stated39
  6. Translation of documents annexed to be filed39
  7. Presentation to Registrar, Date of hearing39
  8. Notice to secretary to Government of Sindh, Home Department39
  9. Costs 39
  10. Provisions of the Code made applicable 39

CHAPTER XIX

RULES FOR THE ISSUE OF ORDERS/DIRECTIONS UNDER

ARTICLES 199 AND 202 OF THE CONSTITUTION OF THE

ISLAMIC REPUBLIC OF PAKISTAN, 1973

  1. Applicability of rules39
  2. Forms and contents of application39
  3. Forum 40
  4. Notice to all parties40
  5. Appearance of Petitioner40
  6. Right of reply40
  7. Matter to be decided on affidavits40
  8. Service of writs40
  9. Costs 40
  10. Court-fee40
  11. Forms 40

PART VII

CHAPTER XX

Advocates’ Clerks

  1. Definitions 41
  2. Qualifications of Advocate’s registered clerk41
  3. Disqualification of enrolment41
  4. Application for registration 41
  5. Preparation and maintenance of register42
  6. Restriction to work as clerk42
  7. Registration fee42
  8. Removal of name from the register43
  9. Acts which a registered clerk may perform43
  10. Identity card, dress and name plate43
  11. Punishment for misconduct44

PART VIII

CHAPTER XXI

APPROVED LAW JOURNALS

  1. Issue of copies44

CHAPTER XXII

MISCELLANEOUS PROVISIONS

  1. Dress for Officers, Officials of High Court45
  2. Entry in Court Building45
  3. Restriction on carrying arms45
  4. Repeal and Saving45

APPENDIX A Forms46

APPENDIX B Registers61

APPENDIX C Scale of Fees66

1

Notification

Karachi, the______2012

No. Rule______/ 2012______In exercise of powers conferredby Article 202 of the Constitution of Islamic Republic of Pakistan, the Chief Justice and the Judges of the Sindh High Court have been pleased to make the following rules regulating the practice and procedure of Appellate side of the High Court.


The Sindh High Court Rules

(Appellate Side)

PART I GENERAL

CHAPTER I

PRELIMINARY

1 Short title- These rules may be cited as "The Sindh High Court (Appellate Side) Rules 2012”.

2Commencement- They shall come into operation on the date of their publication in the Official Gazette, and shall also apply so far as may be practicable to all proceedings then pending.

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

(i) “Code” means the Code of Criminal Procedure.

(ii) “High Court” means the High Court of Sindh and includes main seat at Karachi, and its benches atSukkur and Circuit Courts at other places.

(iii) "Ordinance" means the Law reforms Ordinance, 1972.

(iv) “Orders” and “rules” means the “Orders and Rules” as contained in the first schedule to Code of Civil procedure:

(v) "Registrar" means the Registrar, High Court.

(vi) "Rules (OS)" means the Rules of the Sindh High 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.

4 Seal of the Court- (1) The Court shall have and use as occasion may require a Seal bearing a device and impression of “Crescent and Star” in the middle with inscription around it, “ SEAL OF THE HIGH COURT OF SINDH”. The said seal shall be delivered to and kept in the custody of the personnominated by the Chief Justice in such manner as he deem fit.

Writs, summons, precepts, rules and orders and other mandatory processes to be issued or awarded by the Court shall run and be in the name and style of the Court and shall be sealed with said Seal.

(2) A Judicial order, civil or criminal from the office of the Court shall be in writing and sealed. No such order shall be issued by telegram or telephone.

5 Presentation of Appeals etc-(i) An application, petition, memorandum of appeal or cross-objection presented in Court be drawn up in the manner prescribed by law, be signed on every page by the applicant, the petitioner, the appellant or the objector, as the case may be, or by an advocate appearing on his behalf and shall be dated. It should be properly stamped.

(ii) The above proceedings shall be presented within the time limit prescribed by law. If filed beyond time, shall be accompanied by an application for condonation of delay.

(iii) An affidavit presented in Court, shall be signed on every page by the deponent and shall be dated.

(iv) The annexures filed by the petitioner, applicant, or appellant, along with the petition, application, affidavit, counter affidavit, shall be consecutively numbered as 1,2,3 and so on, and the annexures filed by the respondent or opposite party along with counter-affidavit or application shall also be consecutively numbered.

6 Urgent matters-The matters intended to be taken up urgently shall be marked “Urgent” and shall be presented to the Deputy Registrar (Judicial) before 11.00 a.m. who shallordinarily fix them for hearing on next day .If, however, the DeputyRegistrar is satisfied that there is sufficient urgency, he shall mark the matter, with permission of the bench, for hearing on the same day.

CHAPTER II

SITTINGS, OFFICE HOURS, VACATIONS AND HOLIDAYS

7 Sittings-The Court shall ordinary sit daily, except on notified holidays, for the transaction of Judicial business between such hours as may be prescribed from time to time.

No fresh case will ordinarily be called for hearing by a Bench after 1.30.p.m.but the hearing the hearing of a part heard case may be continued so long as the Bench hearing it may deem fit.

8Office hours- The offices of the Courtshall be open daily, except in vacation and holidays and on Friday, from 8.a.m. to 5.30 p.m, with break for Lunch and Prayer from 1.30 pm to 2.30 p.m. but no work, unless of an urgent nature, shall be accepted after 2-30 p.m. and no money shall be received or paid in the Nazir's Office after 2 p.m. On Friday the break for Prayer and Lunch shall bebetween 12.30 to2p.m.

9Vacation- The summer vacation to be observed in the High Court, its bench,circuit courts and offices, shall ordinarily be for a period of two months which shall begin and end on such days as the High Court may direct.

10Court holidays- TheCourts and offices of the High Court and its benches shall be closed on such holidays as the High 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 petitions during Court holidays and the summer vacation.

P ART II

EXERCISE OF APPELLATE JURISDICTION

CHAPTER III

CONSTITUTION AND POWERS OF BENCHES

11Jurisdiction ordinarily exercised by Division Bench of two Judges- Save as otherwise expressly provided by these rules, the following cases shall beheard and disposed of by a Bench of not less than two Judges:-

(1) Civil Jurisdiction

(a)Appeals under Section 3 of Law Reforms Ordinance against the orders/ judgments of Single Bench on Original Side, (b) Appeals under special laws wherein appeal lies to the High Court,

(b)Applications incidental to or interlocutory or arising out of or relating to the referred to above appeals pending or proposed to be filed in the High Court and also application for withdrawal of appealsor applications for consent decree or orders under Order XXIII, Civil Procedure Code.

(2) Criminal jurisdiction

(a) Appeals against the judgment of conviction imposing death sentence,(b) References for confirmation of death sentence,(c) Show cause notice to a convict/ appellant, who has been sentenced to imprisonment or imprisonment for life, as to why the sentence should be altered to death, (d) Grant of leave to appeal in acquittal appeal filed by the complainant under Section 714(2) of the Criminal Procedure Code,(e) Appeals against conviction/ acquittals under special laws wherein the appeal lies to the High Court, and (f) appeals against the final order or sentence recorded by the Environmental Tribunal and (g) Miscellaneous applications, including for bails or stay in or out or relating to cases (a) to (f).

(3) Constitutional Jurisdiction

(a) Petitions under Article 199 (1) (a) (i) (ii) (b) (ii) (c) and (2) of the Constitution of Islamic Republic of Pakistan;

(b) Miscellaneous applications, including applications for stay in or out of or relating to items (a) above.

12Matters disposed of by a single Judge- Save as otherwise expressly provided by these rules, a Single Judge may dispose of the following matters;

(1) Civil Jurisdiction

(a) Appeals (i) from original decree in suits passed by the District Judge from which appeals lie to the High Court under the provisions of the Code of Civil Procedure or any other laws; (ii) from original decree in suits passed by the Civil Court, wherein the value of the original suit exceeds five hundred thousand rupees (iii) from appellate decree under Section 100 and Order XLII of the Code, of the amount or value fixed by the Provincial Government, (iv) from orders under Section 104,Order XLIII, rule of the Code, (v) under Section 47 of the Code.(vi) under Section 39 of the Arbitration Act, and (vii) under the Proviso to Section 75 (1) and under Section 75 (3) of the Provincial Insolvency Act,1920.

(b) Applications (i) for the exercise of the court’s revisional jurisdiction under Section 115 of Civil Procedure Code (ii) for withdrawal of appearance or cancellation of Vakalatnama (iii) for deposit or withdrawal of money, and (iv) refund of court fees.

(c) Other applications incidental to or interlocutory or arising out of or relating to the appeals or civil revision applications pending or proposed to be filed in High Court and also applications for withdrawal of appeals or applications for consent decrees or orders under Order XXIII, Civil Procedure Code

(d) Applications for transfer of suits or proceedings pending in Court subordinate to it to another Court of another district or to itself for disposal.

(e) Applications against the order of the Registrar passed under these rules