Sindh High Court Rules (O.S.)
THE SINDH HIGH COURT
ORIGINAL SIDE RULES
2012
CONTENTS
(ON THE ORIGINAL SIDE)
PART I
G E N E R A L
CHAPTER I
Preliminary
- Short title1
1-A Commencement1
- Interpretation1
- Reckoning of time3
- Service of notice3
- Use of forms in appendices3
- Alteration, etc. of rules in First Schedule to the Code3
CHAPTER II
Exercise of original Civil Jurisdiction
- Holding of Court on Original Side4
- Jurisdiction to be exercised by a Judge4
- Reference to two or more Judges4
- Distribution of business4
- Disposal of miscellaneous matters4
- Definition of miscellaneous matters4
- Disposal of applications by Additional Registrar
(O.S.)6
- Appeal from the Additional Registrar to a Judge10
- Date to be fixed for hearing reference in Court10
- Costs of proceedings before Additional Registrar
(O.S.)11
- Additional Registrar (A.S.) to dispose of business
in absence of Additional Registrar (O.S.)11
- Disposal of applications by the Deputy Registrar11
CHAPTER III
The Original Side Office
Dates and Cause-lists
- Additional Registrar (O.S.) to fix dates on every
Saturday12
- Day for short causes12
- What are short causes?12
- Transfer of short causes to long causes13
- Days for execution proceedings, etc13
- Fixing of dates for final disposal13
- Cases to be brought to trial in order of their age14
- Cause List15
- General Cause List Book16
- Sealing of summons, order, etc16
- Duties of Assistant Registrar16
- Registers17
- Arrangement of record in pending matters17
- Contents of each file17
- Binding and title page19
- One file in miscellaneous applications19
- Diaries19
- Order sheet19
- Removal of record from Court-house20
PART II
PROCEDURE ON THE ORIGINAL SIDE
CHAPTER IV
General Practice and Procedure
Form of Proceedings
- Proceedings how written20
- Names etc., parties20
- Authority to be stated21
- Draftsman‘s endorsement21
- Particulars to be stated in address for service21
- Initialing alteration, etc21
- Form of Vakalatnama22
- Execution and attestation of Vakalatnama22
- Endorsement on VakaIatnama22
- Notice of change of advocate22
- Notice of discharge to a client22
- Advocate-General and Government Advocates
not to file Vakalatnama23
Affidavits and Oath Commissioners
- Appointment of Oath Commissioners23
- Ex-officio Commissioners23
- Fees23
- Register23
- Title24
- Form24
- Deponent’s description24
- Endorsement should state on whose behalf filed24
- Source of information to be disclosed25
- Affidavit stating matter of opinion25
- Scandalous matters25
- Alterations and interlineations25
- Affidavit how taken outside Court House26
- Reading of contents of affidavit to deponent26
- Endorsement of the Commissioner27
- Identification of deponent27
- Pardanashin woman27
- Every exhibit to be initialed and dated27
- Form of certificates27
- What affidavit shall not be used in evidence27
- Use of defective affidavit27
- Special time for filing affidavit28
- Proof on affidavits28
- Interpretation28
Introductory Proceedings
- Form28
- Contents thereof29
- Counter-Affidavits, etc.29
- Procedure in applying for interim relief30
Receivers
- Application for appointment of receiver to be
by petition supported by affidavit30
- Form of order of appointment30
- Register of receivers30
- Receiver other than Official Receiver
to give security30
- Surety may point out omission or neglect of
duty cast on receiver31
- Notice to surety of application affecting
surety’s risk31
- Powers of a receiver31
- Receiver’s remuneration31
- Establishment and costs thereof to be
detailed in the appointment order 31
- No charge for additional establishment allowed32
- Receiver to file half-yearly accounts32
- Account to show balance in hand and how
much may be paid into Court etc., to be
filed with affidavit. Form of affidavit32
- Examining and vouching of accounts by officers32
- Appointment for passing accounts -
Notice thereof33
- Objections to report to be filed33
- Passing of accounts by Court33
- Procedure as to hearing of objections33
- Auditing of difficult and complicated accounts33
- Order as to payment of balance33
- Consequence of receiver’s negligence to file
accounts or pay the balance, etc33
- Consequence of default by receiver34
- Rule 87 applicable to manager or guardian34
- Interim receiver34
Security Procedure
- Security Summons34
- Production to title deeds, affidavit of justification
examination35
- Contents of affidavit of justification35
- More than two sureties irregular36
- Property in respect of which a surety may justify36
- Who are not competent sureties?36
- Who may be present at the examination?36
- Reference to Court36
- Security for costs36
- Custody of securities and security bonds36
Miscellaneous
- Urgent motions37
- Oral motions37
- Urgent matters37
- Only one advocate to be heard for a party37
- Notice of proceedings to Advocate-General37
CHAPTER V
Institution of Proceedings
- Appearance by agent38
- Leave to verify38
- Suit against corporation or a firm38
- Copies to be filed of applications etc.39
- List of presumptive legal heirs to be filed.39
- Presentation of proceedings on Original Side39
- Examination of proceedings40
- Admission of plaints40
- Plaint liable to be rejected to be submitted
to Judge hearing miscellaneous matters40
- Admission or rejection of execution application40
- Notice to the other party41
- Registration of proceedings admitted41
- Procedure for return of plaint41
- Ex-parte amendments41
- Amendments how to be made41
- Attestation of amendment42
CHAPTER VI
Processes
- Time for payment of process fee and
consequence of non-payment42
- Restoration42
- Fresh plaint42
- Parties or their advocates may file processes
duly filed up42
- When process fee not to be levied43
- Full address to be given to person on whom
process to be served43
- Process for service on persons of rank
and gazetted officers43
- Summons for final disposal and settlement
of issues44
- Returnable date of summons44
- Processes to be served or executed within
Jurisdiction to be addressed to Head Bailiff44
- Endorsement on process for service outside
jurisdiction44
- Process to be served without identification
by party44
- Endorsement of identifier on the original process45
- Procedure where defendant refuses to
accept service or cannot be found45
- Return of service45
- Service by affixing to outer door46
- Notice where summons is affixed to outer door46
- Inquiry as to sufficiency of service46
- Fresh process not to issue until previous
one returned47
- Acts of Additional Registrar (O.S.) to be
effectual as acts of Court47
CHAPTER VII
Suits by or against Minors and Persons of Unsound Mind
- Admission of next friend to bring a suit,
Order not necessary47
- Next friend to file address for service47
- List of all likely guardians ad litem to be filed48
- Address for service of guardian at litem 48
- Duty of the Officer of the Court appointed
guardian ad litem48
- Application of Rules 154 to 158 to persons of
unsound mind and to appeals and applications48
CHAPTER VIII
Appearance by Defendant - Written Statement - Counter Claim
- Hearing of applications49
- In default of appearance of defendant suit to
be posted on short cause day49
- Procedure when defendant appears49
- Ordinarily one extension allowed for filing W.S.49
- Procedure where no written statement filed
by any defendant50
- Procedure if written statement; not filed by
some of the defendants50
- Service of copies of written statement
and list of documents on the other side50
- Court may disallow set-off51
- Counter claim, by defendant51
- Counter claim51
- Reply to counter claim51
- Excluding counter claim51
- Proceeding with counter claim where action
stayed51
- O. XX, R. 19 to apply to decree in such suits52
CHAPTER IX
Third Party Procedure
- Third party notice52
- Effect of notice52
- Appearance of third party - defaultof52
- Procedure on default before trial53
- Third party directions53
- At trial 54
- Costs 54
- Fourth and subsequent parties54
- Defendant claiming against co-defendant55
CHAPTER X
Summary Suits
- Written statement55
- On default by defendant suit to be set down
forthwith56
- Ex-parte decree may be set aside on application56
- Judgment for part of claim56
- Leave to defend56
CHAPTER XI
Commercial Suits
- What are commercial causes?57
- Plaint in such suits to be marked
“commercial suits”57
- Setting down of Commercial suits57
- Decision of Commercial Judge may by consent
be final57
CHAPTER XII
Alternate Dispute Resolution
- Definition58
- Reference by Courts58
- Reference by Parties59
- Qualification of persons/organizations for
appointment as mediator / conciliator 60
- Panel of mediators / conciliators61
- Duty of mediator/conciliator to disclose certain
facts61
- Cancellation of appointment61
- Procedure of Mediation62
- Mediator/conciliator not bound by Qanun-e-
Shahadat Order1984 orCode of Civil Procedure,
190862
- Non-attendance of parties at sessions or
meetings on due dates63
- Administrative Assistance63
- Offer of settlement by parties63
- Role of Mediator/Conciliator64
- Representation of Parties64
- Confidentiality, disclosure andin-admissibility
of information64
- Privacy65
- Immunity64
- Communication between mediator/conciliator and the Court 65
- Settlement / Agreement66
- Court to fix a date for recording settlementand passing decree 67
- Fee of Mediator / Conciliator and cost67
- Ethics to be followed by the Mediator/Conciliator68
CHAPTER XIII
Directions
- Setting down for directions71
- Any party may apply for directions at the hearing71
- Subsequent application must be by petition to
Court71
- Costs of subsequent application71
- Appeal from Additional Registrar to a Judge72
Discovery
- Agent may make affidavit of documents when
none of the parties reside in Karachi72
- Procedure where the affidavit is required to
be made by the absent parties72
Issues
- Date for settlement of issues by Court72
CHAPTER XIV
Commissions
COMMISSIONS FOR EXAMINATION OF WITNESSES
- Parties to notify commission73
- Commission on interrogatories73
- Commission for viva voce examination74
- Final hearing may be fixed after return of
commission74
- Preparation etc., of commission74
- Commission to be executed by the listed
Commissioner74
- Procedure in examination of witnesses74
- Deposition to be read over to and signed by
the witness75
- Notice of filing of report and filing objection
thereto75
- Examination de bene esse75
COMMISSIONS FOR TAKING ACCOUNTS, LOCAL
INVESTAGATION AND PARTITION OF IMMOVEABLE PROPERTY
- Commissioner to execute Commissions for
accounts etc.76
- Additional Registrar, (O.S.) to send
necessary proceedings to Commissioner76
- Commission for taking accounts how executed76
- Commission for local investigations77
- Commission to make partition of immoveable
property78
General Provisions as to Commission
- Deposit of commission fees78
- Powers of Commission79
- Return of commission79
CHAPTER XV
WITNESSES
- Summons to witnesses80
- Summoning public officers as witnesses80
- Summoning Finger Print expert81
- Payment of expenses to witnesses who are
public officers81
- Payment of expenses to other witnesses and
issue of certificate to Railway servants82
- Re-attendance of witnesses on adjourned
hearing82
PRODUCTION OF PUBLIC DOCUMENTS
- Production of public documents82
- Return of original public record after its
production in evidence83
- Power of Courts to summon public records
suo motu83
CHAPTER XVI
ADJOURNMENTS
- Adjournments to be to a day certain83
- Adjournment granted only on good cause83
- Costs of adjournment84
- Notice of antedating of hearing84
- Advocate’s application for postponement of
his cases84
CHAPTER XVII
ORIGINATING SUMMONS
- Who may take out originating summons and
in respect of what matters85
- Order for administration of estate or of the trust86
- Persons to be served with summons86
- Vendor or purchaser may take out summons87
- Persons to be served with such summons87
- Mortgagee or mortgagor may take out such
summons87
- When may a partner take out such summons87
- Persons interested under will, etc., may take
out such summons88
- Court not bound to determine question of
construction88
- Persons to be served with such summons88
- Service on other person by direction88
- Plaint and document alone to be filed88
- O.S. plaint how to be marked89
- Service of originating summons89
- Returnable date of originating summons89
- Entry of appearance89
- When may be supported by evidence89
- What may be done on bearing originating
summons89
- Costs in originating summons90
- Order made on originating summons to be
drawn up as decree of Court90
- Direction as to carriage or execution of decree90
- Subsequent summons about same estate90
- O.II, R.2 of the Code not to apply to plaints
filed in support of originating summons90
- When costs of originating summons shall be
allowed in a suit91
CHAPTER XVIII
PROCEEDINGS AT THE HEARING OF SUITS, AND UP TO AND INCLUSIVE OF DECREES
- Evidence, how taken91
- Any particular question and answer may be
taken down91
- Question objected to and allowed by Court91
- Remarks on demeanour of witnesses91
- Assistant Registrar to bring to Judge’s notice
erasures, etc., and documents tendered in
evidence91
- Exhibits how marked92
- Numbering lines of depositions, etc.92
- Proceedings in another suit, how put in evidence92
- Witnesses not to be present in Court during
hearing of the suit92
- Exhibits to be officially translated92
- No compromise without leave of Court in
pauper suits92
- Judgment how delivered92
- Written judgment of two or more Judges how
pronounced93
- Payment of costs a condition precedent in
order for withdrawal93
- Setting of draft of decree93
- Directions under rule 288(3) and (4) liable to be
referred to Court94
- Date of signing decree to be also endorsed94
- Copies of decrees to Revenue authorities94
- Errors how rectified after decree sealed94
CHAPTER XIX
TAXATION OF COSTS
- What bills of costs are to be taxed by the
Deputy Registrar?95
- Time for filing bill of costs95
- Receipt and advocate’s certificate to
accompany bill of costs95
- Notice for taxation95
- What expenses of witnesses may be included
in costs95
- Condition for taxing expenses of copies of
documents 96
- Taxation of costs96
- Compensatory Costs98
- Review of taxation only on notice to the
opposite side98
- No review of taxation of costs if bill of costs not
filed in time98
- What costs allowed after taxation98
- Meaning of “proportionate costs”98
- Application to Court for review of taxation98
- Hearing of such application99
CHAPTER XX
RULES UNDER THE ARBITRATION ACT, 1940
- Preliminary 99
- Proceedings under ChapterIll and IV
how entitled99
- Form of petition99
- Statement of special case under Section 13 (b)
of the Act100
- Cases to be registered as suits or miscellaneous
applications100
- Issue of notice100
- Payment of process-fees101
- Mode of filing award101
- Application under Section 20 (1) of the act102
- Issue of process at the request of arbitrators or
umpire102
- Form of award102
- Form of application to modify, correct or set
aside award103
- Applications for interim orders to be by
interlocutory applications103
- Service of notice of interim order on opposite
party103
- Form of other applications under the Act and their
registration103 - Notice to persons concerned104
- Title of applications, etc., under section 34104
- Notice of appointment of arbitrators105
- Award includes interim award106
- Court-fees and process-fees106
- Procedure 106
CHAPTER XXI
RULES UNDER THE RECOGNITION AND ENFORCEMENT
(ARBITRATION AGREEMENTS AND FOREIGN ARBITRAL AWARDS)
ACT, 2011
- Title of applications, etc107
- Mode ofApplications107
- Contents of petition107
- Stay of the proceedings under Sub-Section 2
of Section 3107
- Enforcement of Foreign Award and the
Documents to be produced with petition108
- Presumption as regards certain copies109
- Jurisdiction of the Court109
- Code of Civil Procedure and Original Side
Rules to apply109
- Execution of decree and orders109
CHAPTER XXII
ARREST AND ATTACHMENT BEFORE JUDGMENT
- Arrest and attachment before judgment110
- Conditional attachment duration of110
- Rule 406 to apply110
- Procedure on the surety rendering the
principal or principal surrendering himself110
- When principal may be rendered110
- Stay of the proceeding110
CHAPTER XXIII
Proceedings in Execution
- Interpretation 111
APPLICATION FOR TRANSMISSION
- Transmission of decrees for execution111
- Stay of execution on transmission111
- Transmission of decree in two or more
districts simultaneously111
- When insufficient amount realized in first district112
- Also in second or succeeding districts112
- When sufficient amount realized in execution112
- Notice of execution of foreign Court
decree to issue to judgment-debtor112
- Register of decrees received from other courts112
- Return of decree to the transmitting Court113
APPLICATION FOR EXECUTION
- Application under O. XXI, r. 11(2) to be signed
and verified by the applicant113
- Checking and admission of execution petition113
- Procedure in execution application under
O. XXI, R. 15113
- Procedure when cause not shown113
- Additional Registrar, (O.S.), not to issue
execution simultaneously against person
and property114
- Application for receiver in execution of decree114
MODE OF EXECUTION
Execution of documents
- Decree-holder to file in Court the draft
and fees for service114
- Execution of document under O. XXI, Rule 34(5)114
Arrest
- Production of person arrested after sunset115
- Superintendent to keep in custody115
- Production before Judge under fresh warrant of
persons already in custody115
Attachment
- Application of incumbrancer to be made a
party to the suit or to join in the sale115
- Inquiry before the Additional Registrar, (O.S.)
as to matters specified in O. XXI, Rule 66115
- Receipt of attached property to be given116
- Procedure where property is already under
attachment by revenue authorities116
- Removal of property attached under O. XXI,
Rule 43 to the Court116
- Removal to Court by judgment-creditor on
executing bond116
- Procedure where removal impracticable or costly117
- Deposit of cost for removal or maintenance of
property117
- Account to be rendered on demand118
- Restoration of attached property on payment
of costs incurred118
Sale of attached property
- Notice regarding sale of guns and other
arms, etc. attached118
- Sale of Government Promissory Notes,
how made119
- Immediate sale of movable property119
- Place of sale of Live-stock, etc.119
- Application for sale to be accompanied by
abstract of title119
- Contents of sale proclamation120
- Publication of proclamation120
- Copy of sale proclamation to be sent to
Revenue authorities in case of sale of land120
- Place of sale of immovable property120
- Sale at Court house, how conducted120
- Leave to bid at reserved price121
- Sale 121
- Postponement of sale for want of sufficient
bidding121
- Postponement of sale otherwise than under
rule 396121
- Bidding paper to be signed by the purchaser121
- Or by his agent as such122
- Declaration of purchase122
- Report of sale122
- Time for confirming sale122
Delivery of possession of immovable property
- Possession of house how delivered to
decree-holder or purchaser122
- Decree-holder or purchaser to give notice to
owner regarding removal of property therein123
GENERAL
- Preparation and issue of processes in execution123
- Costs of execution to be specified on warrant of
arrest and attachment123
- Procedure on stay of execution123
- Recording of evidence and order in execution
proceedings123
CHAPTER XXIV
Nazir’s Office
- Nazir and Deputy Nazir to execute or to cause to
execute processes124
- Noting of date on processes124
- Service on holidays124
- Service on the firm of advocates124
- Payment of money124
- Notice of payment or deposit to decree-holder
or revenue authorities 125
- Delivery of securities, jewellery or
other valuables into Court125
- Application for payment of money, etc125
- Applications to be checked125
- Payment by money order, bank draft etc125
- Written authority of client requisite for payment to
advocate126
- Account books to be kept127
- Signing of Cheque and checking of accounts
by D.D.O.127
- Account books to be kept in minors or lunatics’
estates128
- Return of minors’ estates under administration128
- Charge of property in criminal cases128
Charge of dead stock
CHAPTER XXV
Testamentary and intestate Jurisdiction
Preliminary
- Interpretation 129
Application for Probate, etc
- Application for probate129
- Application for letters of administration where
the deceased died intestate129
- Application for letters of administration.
where the deceased has left a will129
- Application for succession certificate130
- Address for service130
- Delay in application130
- lnterlineations, alterations etc. in the will should be
sworn to by the attesting witnesses130
- In absence of attesting witnesses with other
evidence must be produced130
- Attempted cancellation must be accounted for131
- Unsigned or unattested will131
- Production of deed, paper, etc., referred to in will131
- Administration to a creditor131
- Renunciation 131
- Grants throughout Pakistan131
- Applications for probate, etc., to be registered
as miscellaneous applications132
Citation
- Notice of application to be given to Revenue
Authorities132
- Notice to next-of-kin132
- Citation to Administrator-General132
- Form of citation132
- When citation to be dispensed with132
Proof
- Proof of identity133
- Blind or illiterate testator133
Limited Grants
- Order for limited grant133
Administration Bond
- Forms of administration and succession certificate
bonds133
- Amount of administration bond and succession
certificate bond133
- Insurance Companies as sureties133
- Attestation of bonds134
Grants and extensions thereof
- Grants limited to Province of Sindh134
- Affidavit of valuation of property to be annexed to
grants 134 - Extension of grant to have effect throughout
Pakistan134
- Extension of succession certificate134
Inventory and Accounts
- Form of inventory134
Form of register
- Non- contentious matters135
Contentious Proceedings
- Particulars in caveat135
- Notice of caveat135
- Affidavit supporting caveat135
- Notice to caveator to file affidavit135
- Consequence of not filing affidavit136
- Procedure 136
- Notice in probate suit136
Miscellaneous
- Certificates under section 274 (1) (b) of the Act137
- Notice by executor or administrator to creditors
under sections 360 and 367 of the Act137
- Disposal of petition for non-prosecution137
- Making will 137
Rules under Sindh Regulation, VII of 1827
- References from police and magistrates re:
un- claimed property to be accompanied by list
and valuation 137
- Deduction of administration fee137
CHAPTER XXVI
Rules under the Oaths Act, 1873
- Form for witnesses 138
- Form for interpreters139
CHAPTER XXVII
Rules under the Transfer of Property Act, 1882
- Deposit of money due on mortgage139
- Deposit of costs139
- Order for payment of money into Court
under S.83139
- Mode of service139
- Costs of mortgagee140
- Court’s order for paying out140
- Enforcement of order140
CHAPTER XXVIII
Rules under the Partition Act, 1893
- Rules 388 to 402 to apply to sales under
Partition Act141
CHAPTER XXIX
Rules under the Insolvency (Karachi Division)
Act
Preliminary
- Interpretation of terms 141
COURT PROCEDURE
Court and chambers
- Matters to he heard in open Court142
- Adjournment from Chambers to Court and
vice versa143
Proceedings
- Proceedings how entitled143
- Publication notices143
- Filing, Gazetting, & etc.143
Discovery of debtor‘s property
- Applications for discovery144
Appropriation of Pay, Salary, etc.
- Application for an appropriation order under
section 60144
- Communication of order under section 60144
- Review of order144
Warrants, Arrests and Commitments
- To whom warrants addressed145
- Production of insolvent before Court & etc.145
- Suspension of issue of committal order145
- Committal of contumacious insolvent or witness145
Costs
- Awarding costs146
- Scale of costs147
- Applications for costs147
- Priority of costs and charges payable out of
assets148
- Disallowance of costs of unnecessary petition149
- Apportionment of costs in cases of partnership149
- Costs out of joint or separate estates149
Proceedings by Company or Co partnership
- Public officer or agent of company150
Proceedings by or against firm
- Attestation of firm’s signature150
- Service on firm150
- Debtor’s petition by a firm151
- Schedule 151
- Order of adjudication against a firm151
- Acceptance of composition, etc., by joint and
separate creditors151
- Voting on composition151
- Adjudication and separate committees152
- Separate firms152
Lunatics
- Lunatics 152
PROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE
Insolvency Petition
- Form of insolvency petition152
- Insolvent to lodge all books, & etc., with the
Official Assignee.152
- Deposit by petitioner153
Creditor‘s Petition
- Security for costs153
- Joint petitions153
- Death of debtor before service of petition153
Hearing of Petition
- Adjudication order to make forth with on debtor
application154
- Proceedings on creditor’s petition154
- Several respondents154
- Debtor intending to show cause154
- Non-appearance of creditor154
- Personal attendance of creditor when
dispensed with154
- Proceedings after trial of disputed question155
- Application to dismiss155
Interim Receiver
- Appointment of interim receiver155
- Form and contents of order156
- Deposit 156
- Further deposit, if necessary156
- Repayment of deposit156
- Damages if petition dismissed156
Order of adjudication