Supreme Court Rules, 2013

1.(1) These rules may be cited as the Supreme Court Rules, 2013. (2) They shall come into force on such date as the Chief Justice of India may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of these rules. 2.(1) In these rules, unless the context otherwise requires - (a) 'advocate' means a person whose name is entered on the roll of advocates prepared and maintained by a State Bar Council under the Advocates Act, 1961 (25 of 1961); (b) 'advocate-on-record' means an advocate who is entitled under these rules to act as well as to plead for a party in the Court; (c) 'appointed day' means the date on which these rules shall come into force; (d) 'Chief Justice' means the Chief Justice of India, and includes a Judge appointed under article 126 of the Constitution to perform the duties of the Chief Justice; (e) 'Code' means the Code of Civil Procedure, 1908 (5 of 1908) or the Code of Criminal Procedure, 1973 (2 of 1974), as the case may be; (f) Constitution' means the Constitution of India; (g) 'Court' and 'this Court' means the Supreme Court of India; (h) 'Court appealed from includes a Tribunal or any other judicial body from which an appeal is preferred to the Court; (i) High Court' means- (i) as respects anything done before the commencement of the Constitution, a High Court within the meaning of section 219 of the Government of India Act, 1935; and (ii) as respects anything done or to be done after the commencement of the Constitution, a High Court established by or recognized under the Constitution; (j) 'Judge' means a Judge of the Court; (k) 'Judgment' includes decree, order, sentence or determination of any Court, Tribunal, Judge or Judicial Officer; (m) record' in Part II of these rules means the aggregate of papers relating to an appeal (including the pleadings, proceedings, evidence and judgments) proper to be laid before the Court at the hearing of the appeal; (n) (i) 'Secretary General' means the Secretary General of the Court. (ii) 'Registrar' means the Registrar of the Court and shall include Additional Registrar of the Court. (iii) "Registry' means the Registry of the Court. (o) respondent' includes an intervener; (p) the rules' and 'rules of Court' means these rules and include the forms appended to these rules; (q) 'Senior advocate' means any advocate so designated under sub-section (2) of section 16 of the Advocates Act, 1961 (25 of 1961), and all such advocates whose names were borne on the roll of the senior advocates of the Court immediately before the commencement of Chapter III of the Advocates Act, 1961; (r) Taxing Officer' means the Officer of the Court whose duty is to tax costs of proceedings in the Court. (2) The General Clauses Act, 1897 (10 of 1897), shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament. 3. Where, by these rules or by any order of the Court any step is required to be taken in connection with any cause, appeal, or matter before the Court, that step shall, unless the context otherwise requires, be taken in the Registry. 4. Where any particular number of days is prescribed by these rules, or is fixed by an order of the Court, in computing the same, the day from which the said period is to be reckoned shall be excluded, and, if the last day expires on a day when the Court is closed, that day and any succeeding days on which Court remains closed shall also be excluded.

I. Except during vacation and on Saturdays and holidays, the offices of the Court, shall, subject to any order by the Chief Justice, be open daily from 10.00 A.M. to 5 00 P.M. but no work unless of an urgent nature, shall be admitted after 430 P.M. 2. The offices of the Court shall, except during vacation, be open on Saturdays from 10.00 A M to 1.00 P.M. but no work, unless of an urgent nature, shall be admitted after 12 Noon. 3. Except on the days which are holidays both for the Court and the offices of the Court, the offices of the Court. shall be open during summer vacation and Christmas and New Year holidays of the Court at such times as the Chief Justice may direct. 4. (I) The Court shall sit in two terms annually, the first commencing from the termination of the summer vacation and ending with the day immediately preceding such day in December as the Court may fix for the commencement of the Christmas and New Year holidays and the second commencing from the termination of the Christmas and New Year holidays and ending with the commencement of the summer vacation. (2) . The offices of the Court shall, except during vacation, be open on Saturdays from 10.00 A M to 1.00 P.M. but no work, unless of an urgent nature, shall be admitted after 12 Noon. (3) The length of the summer vacation of the Court and the number of holidays for the Court and the offices of the Court shall be fixed by the Chief Justice and notified in the Official Gazette, so as not to exceed one hundred and three days (excluding Sundays not falling in the vacation and during holidays). 5. The Court shall not ordinarily, sit on Saturdays, nor on any other days notified as Court holidays in the Official Gazette. 6. The Chief Justice may appoint one or more Judges to hear during summer vacation or winter holidays all matters of an urgent nature which under these rules may be heard by a Judge silting singly, and, whenever necessary, he may likewise appoint a Division Court for the hearing of urgent cases during the vacation which require to be heard by a Bench of Judges,

1. The Secretary General shall have the custody of the records of the Court and shall exercise such other functions as are assigned to him by these rules. 2. The Chief Justice may assign, and the Secretary General, may, with the approval of the Chief Justice, delegate, to an Additional Registrar, Deputy Registrar or Assistant Registrar, any function required by these rules to be exercised by the Registrar. 3. In the absence of the Secretary General, the functions of the Secretary General may be exercised by the Registrar nominated by the Chief Justice. 4. The official seal to be used in the Court shall be such as the Chief Justice may from time to time direct, and shall be kept in the custody of the Secretary General. 5 Subject to any general or special directions given by the Chief Justice, the seal of the Court shall not be affixed to any writ, rule, order, summons or other process save under the authority in writing of the Secretary General or the Registrar nominated by the Chief Justice. 6. The seal of the Court shall not be affixed to any certified copy issued by the Court save under the authority in writing of the Secretary General or of a Registrar, Additional Registrar, Deputy Registrar or Assistant Registrar. 7. (1) The Registrar shall keep a list of all cases pending before the Court, and shall, at the commencement of cach term, prepare and publish on the notice board/website of the Court a list of all cases ready for hearing in each class separately, to be called the "terminal list". The cases in the "terminal list" shall be arranged yearwise in each class separately in the order of their registration, and the list shall be updated from time to time. (2) From out of the "terminal list" the Registrar shall publish on the notice board/website of the Court at the end of each week a list of cases to be heard in the following week as far as possible in the order in which they appear in terminal list, subject to the directions of the Chief Justice and of the Court, if any, and out of the weekly list shall publish at the end of each day a daily list of cases to be heard by the Court on the following day. In addition, the Registrar shall publish Advance List of miscellaneous matters. From the Advance List, matters will be taken up in Daily List for miscellaneous matters. Subject to general or special orders of Chief Justice, the Registrar shall publish such other lists as may be directed; list matters as may be directed and in such order as may be directed. 8. In addition to the powers conferred by other rules, the Registrar shall have the following duties and powers subject to any general or special order of the Chief Justice, namely.- (i) to require any plaint, petition of appeal, petition or other proceeding presented to the Court to be amended in accordance with the practice and procedure of the Court or to be represented after such requisition as the Registrar is empowered to make in relation thereto has been complied with; (ii) to fix the date of hearing of appeals, petitions or other proceedings and Issue notices thereof, (iii) to settle the index in cases where the record is prepared in the Court, (iv) to make an order for change of advocate-on-record with the consent of the advocate-on-record, (v) to direct any formal amendment of record; (vi) to grant leave to inspect and search the records of the Court and order the grant of copies of documents to parties to proceedings, without interfering or dispensing with any mandatory requirement of these rules; (vii) to allow from time to tune on a written request any period or periods not exceeding twenty- eight days in aggregate for furnishing information or for doing any other act necessary to bring the plaint, appeal, petition or other proceeding in conformity with the rules and practice of the Court: Provided that where the matter filed on scrutiny is found to be defective and a diary number has been generated, one copy of the Petition and Court Fee Stamp tendered shall be retained and the defects shall be communicated to the petitioner. If the defects are not removed till 90 days from the date of communication of the defects, the matter shall be listed with Office Report on default before the Judge in Chambers for appropriate orders.

I. The powers of the Court in relation to the following matters 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 the cause, appeal, or matter, except 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 deficient court fees. 10. Application for condoning delay in filing the statement of case, provided that where the Registrar does not think it fit to excuse the delay, he shall refer the application to the Court for orders. 11. Application for appointment and approval of a translator or interpreter. 12. Application for withdrawal of an appeal by an appellant prior to 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 certified copies of judgments, decrees, orders, certificates, or orders granting certificates; provided that applications for exemption from filing 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 condoning delay in re-filing, provided the delay does not exceed 60 days from the date of notifying the defects. 21. Application for condoning 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 the 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 the 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 a 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 with 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 a 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 numbered 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 up to 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 matters. 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 setting 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 does not surrender, the matter 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.

1. Subject to the other provisions of these rules, every cause, appeal, or matter shall be heard by a Bench consisting of not less than two Judges nominated by the Chief Justice. 2. Where, in the course of the hearing of any cause, appeal, or other proceeding, the Bench considers that the matter should be dealt with by a larger Bench, it shall refer the matter to the Chief Justice, who shall thereupon constitute such a Bench for the hearing of it. 3. Every cause, appeal, or other proceeding arising out of a case in which a death sentence has been confirmed or awarded by the High Court shall be heard by a Bench consisting of not less than three Judges. 4. If a Bench of less than three Judges, hearing a cause, appeal, or matter, is of the opinion that the accused should be sentenced to death, it shall refer the matter to the Chief Justice, who shall thereupon constitute a Bench of not less than three Judges for hearing it. 5. The Chief Justice may, from time to time, appoint a Judge to hear and dispose of all applications which may be heard by a Judge in Chambers under these rules. 6. During the vacation, the Vacation Judge sitting singly may, in addition to exercising all the powers of a Judge in Chambers under these rules, exercise the powers of the Court in relation to the following matters, namely: 1. Applications for special leave to appeal in urgent cases where interim relief is prayed for, subject to the condition that the Vacation Judge shall not decide such a petition if it raises a substantial question of law as to the interpretation of the Constitution. 2. Applications for stay of execution of a decree or order or stay of proceedings in civil matters. 3. Applications for transfer of cases under Section 406 of the Code of Criminal Procedure, 1973 (2 of 1974). 4. Applications for stay of proceedings in criminal matters. 5. Applications under Article 32 of the Constitution of an urgent nature which do not involve a substantial question of law as to the interpretation of the Constitution. 6. Issue of a rule nisi in urgent applications under Article 32 of the Constitution which involve a substantial question of law as to the interpretation of the Constitution. 7. Applications of an urgent nature for transfer of cases under Section 25 of the Code of Civil Procedure, 1908 (5 of 1908). 8. Issue of notice in applications of an urgent nature under Article 139A(1) of the Constitution. 9. Applications of an urgent nature for transfer of cases under Article 139A(2) of the Constitution.