allahabad high court rules

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ALLAHABAD HIGH COURT
RULES
(RULES OF THE COURT, 1952)
PART I-GENERAL-CHAPTERS I TO VIII
CHAPTER I
PRELIMINARY
1. Introductory :- These Rules are made by the High
Court of Judicature at Allahabad in exercise of the powers
conferred by Article 225 of the constitution of India and all
other powers enabling it in that behalf.
2. Short title and commencement :- These Rules may
be cited as Rules of Court, 1952 and shall come into force on
the fifteenth day of September, 1952. They shall apply to
proceedings and matters in the High Court commenced on, or
subsequent to, that date and, so far as may be, also to
proceedings and matters pending on that date.
3. Interpretation :- (1) In these Rules unless the context
otherwise requires-
"Bench" includes a Judge sitting alone;
"Certified" in relation to a copy means certified as
provided in Section 76 of the Indian Evidence Act,
1872;
"Chief Justice" includes, in the absence, the Judge
authorised to act on his behalf;
"Code" means the Code of Civil Procedure, 1908, and
reference to an "Order" of the Code means reference
to an Order of the first Schedule thereto;
"Constitution" means the Constitution of India;
"Court" and "this Court" means the High Court of
Judicature at Allahabad as constituted by the U.P. High
Courts (Amalgamation) Order, 1948;
"Editor" means a person appointed by the Chief
Justice for scrutinizing applications for translation and
printing and for performing such other duties as are
assigned to him under these Rules;
"Judge" means a Judge of the Court;
"Judgment Clerk" means an officer of the Court
appointed to take down notes of judgments or orders
pronounced by the Court and includes any person
who may, for the time being, be authorised or directed
by the court to take down a judgment or order
pronounced by it;
"Notice" includes "summons";
"Oath Commissioner" means a person appointed by
the High Court under Clause (b) of Section 139 of
the Code of Civil Procedure, 1908 and sub-section
(1) of Section 297 of the Code of Criminal Procedure,
1973, before whom affidavits and affirmations may be
sworn and affirmed;
2
"Paper-book" means a collection of papers in original
or their copies, transliterations or translations, as the
case may be, with fly-leaf, index, etc., made up in
accordance with these Rules for the use of the Judge
or Judges hearing the case;
"Prescribed" means prescribed by or under these
Rules;
"Registered address" means the last address within the
local units of the territorial jurisdiction of the Court filed
by a party to a case in the Court or in the lower Courts
at which service of notice, summons or other process
may be made on him;
"Registrar General" includes-
I. the A[Senior Registrar] at Lucknow, in
matters relating to the Lucknow Bench;
II. the A[Senior Registrar] the Joint
Registrar or any other officer, with respect
to such functions and duties of the
Registrar General as may have been
assigned to the A[Senior Registrar], the
Joint Registrar or such officer by the Chief
Justice; and
III. in the absence of the Registrar
General, the A[Senior Registrar], the Joint
Registrar or any other officer authorised
to act on his behalf ;
"Sealed" means sealed with the seal of the Court;
"Special Appeal" means an appeal from the Judgment
of one Judge;
"State" means the State of Uttar Pradesh;
"Supreme Court Rules" means the Supreme Court
Rules, 1966;
"Taxing Officer" means an officer appointed by the
Chief Justice to perform the functions of the taxing
officer under the Court Fees Act, 1870, and to tax
costs;
"Vacation Judge" means the senior-most Judge on
duty during the vacation at Allahabad or Lucknow, as
the case may be;
"Vakalatnama" means a document referred to in Rule 4
of Order III of the Code appointing an Advocate to act
for any person in this Court.
(2) The General Clauses Act, 1897, shall apply for the
interpretation of these Rules as it applies for the interpretation
of an Act of Parliament and in matters not covered by that Act,
by the U.P. General Clauses Act, 1904, as it applies for the
interpretation of an Act of the State of Uttar Pradesh.
A Inserted by Noti. No.167 / VIIIc, dated 18.04.2014 published in U.P. Gazette Part- I A
dated
A Ibid.
A Ibid.
A Ibid.
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4. Reckoning of time :- Where any particular number of
days is prescribed by these rules, the same shall be reckoned
exclusively of the first day and inclusively of the last day,
unless the last day shall happen to fall on a day on which the
offices of the court are closed, in which case the time shall be
reckoned exclusively of that day also and of any succeeding
day or days on which the offices of the court continue to be
closed.
5. Repeal :- The existing Rules of Court and the Rules of
the Chief Court of Avadh at Lucknow and all other existing
rules and orders dealing with matters covered by these Rules
are hereby repealed :
Provided that nothing in this Rule shall affect anything
done or to be done under such repealed rules or orders or
under any decree or order made in accordance with them prior
to the date of commencement of these Rules.
6. Issue of orders :- Every Judicial order, civil or criminal,
issued from the office of the Court shall be in writing. No such
order shall issue by telegram or telephone.
7. Date :- (i) Every application, petition objection or
memorandum of appeal, presented in Court, shall be signed
on every page by the applicant, the petitioner, the objector or
the appellant, as the case may be, or by an advocate
appearing on his behalf and shall be dated.
(ii) Every affidavit, presented in court, shall be signed on
every page by the deponent and shall be dated.
(iii) All the annexures filed by the petitioner, applicant
or appellant, along with the petition, application, affidavit,
supplementary affidavit or rejoinder affidavit, shall be
consecutively numbered as 1, 2, 3 and so on, and all the
annexures filed by the respondent or opposite party along with
the counter-affidavits, supplementary counter-affidavits or
application shall be so consecutively numbered in case of their
being filed by first respondent or opposite party as 'A-1', 'A-2',
'A-3', etc., and in case of their being filed by second
respondent or opposite party as 'B-1', 'B-2'. 'B-3' and so on.
CHAPTER II
POWERS AND DUTIES OF THE REGISTRAR GENERAL
1. Function, powers and duties of Registrar General:-
In addition to other functions, powers and duties of the
Registrar General under these Rules or other law, the
following shall be his functions, powers and duties in
relation to judicial proceedings, namely-
(i) to dispose of all matters relating to the service
of notices and other processes including the
signing and issuing of warrants and notices
issued under the orders of the Court;
(ii) to allow the removal of formal defects in any
memorandum of appeal or objection, petition or
application;
(iii) to admit, issue necessary orders in, and
dispose of uncontested applications made-
under Order XXII of the Code--
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(a) to bring or to dispense with in accordance with
Order XXII, Rule 4 (4), C.P.C. the bringing on record
the legal representatives of the deceased parties
provided that no question of abatement or
limitation arises; or
(b) to record the assignment, creation or devolution of
any interest during the pendency of a case, or
Under Order XXXII of the Code--
for appointment or removal of a next friend or guardian adl-
item, including fixation of fees and expenses of the next friend
or guardian;
(iv-) to deal with a motion for the admission of an
application for leave to appeal to the Supreme
Court in all cases in which an order for issue of
notice may be made as a matter of course;
(iv-a) to receive Special Appeals
(a) in the case of a Special Appeal in which a
declaration has been granted under Rule 6 of
Chapter VIII of these Rules; and
(1) the appeal is presented within sixty days
of judgment and is otherwise in order, to
admit it and direct that notice be issued;
and
(2) where such appeal is presented after
the said period of sixty days and is
accompanied by the papers mentioned
in Rule 10 of Chapter IX and is
otherwise in order, to adjourn it to
Court;
(b) in the case of other Special Appeals, to lay such
appeals before the Court for orders within one
week of the date of presentation;]
(v) to receive plaint, an application in the nature of
caveat, issue notice or fix date for the filing of
written statement in a proceeding under the
original, ordinary or extraordinary jurisdiction
of the Court, with liberty to adjourn any matter
to the judge in Chambers;
(vi) to deal with all matters relating to the payment
of expenses and allowances to jurors and
witnesses;
(vii) to direct that a security bond furnished under the
provisions of Rule 10 of Order XLI of the Code
be sent to the Court below for verification and
report;
(viii) to sent decrees and orders passed by the Court
in the exercise of its original, ordinary or
extraordinary jurisdiction to other courts for
execution;
(ix) under the Indian Succession Act, 1925--
(a) to receive an inventory of the property,
credits and debits of the deceased to
which the executor or administrator is
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entitled, or an account of the estate
showing the assets and the application
or disposal thereof;
(b) to require an executor or administrator
to exhibit an inventory or account under
Section 317;
(c) to grant extension of time for filing an
inventory or account;
(d) to place on record an inventory or
account; or
(e) to send a copy of an inventory or account
filed before him to the Board of
Revenue; or
(f) to issue necessary notices in
connection with matters mentioned in
Clauses (a) and (b) with liberty to
adjourn any matter to the Bench
concerned;
(x) to verify a compromise or to record the
statement on oath of any person, under the
orders of the Court;
(xi) to extend the time for the submission of findings
by the Court below in a case in which issues
have been referred for trial to that Court under
Rule 25 of Order XLI of the Code;
(xii) to dispense with copies of judgments where
such copies have been filed in at least one
connected appeal or revision;
(xiii) to deal with all matters connected with the
progress of a case subject to such orders as the
Court may pass from time to time including the
receiving of affidavits and the granting of time
for filing the same;
(xiv) to dispense with the service upon any
respondent or opposite party who did not appear
in the Court below or who did not file a written
statement in accordance with Order V, Rule 4-A,
C.P.C.;
(xv) to direct that any matter be laid before the Court;
or
(xvi) to do such other act as may be directed by the
Court.
2. Return of memorandum of Appeal for amendment:-
The Registrar General may return for amendment any
memorandum of appeal under Rule 3 (1) of Order XLI of the
Code. Where a memorandum of appeal has been so amended,
he shall sign the amendment. The duties of the Registrar
General under this Rule shall be deemed to be of a quasi-
judicial nature within the meaning of Clause (i) of sub-section
(1) of Section 128 of the Code, and his orders shall be subject
to revision by the Court on application by the aggrieved party
made within a period of two months or such further time as
the Court may allow from the date of the order complained
of.
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3. Extension of time :- Where the Registrar General has
refused to grant extension of time for any purpose under the
foregoing Rules, the Court may, on a written application and for
sufficient cause shown, grant the same.
Explanation :- Where a party does not take steps within the
time allowed or where no one appears before the Registrar
General to ask for time to take necessary steps and the
Registrar General directs that the case be put up for orders
before the Court, he shall be deemed to have refused to grant
extension of time within the meaning of this Rule.
4. Additional powers :- (1) The Chief Justice may by
order authorise the Registrar General or any other officer--
(a) to receive a memorandum of appeal from the
decree or order of a subordinate civil court
and admit it and determine whether notice
shall be issued at once to the other party or the
appeal put up for hearing under Rule 11 of
Order XLI of the Code or otherwise before the
Court;
(b) to dispose of a contested application for
impleading the legal representative of a
deceased party;
(c) to receive and dispose of an application for the
withdrawal of an appeal or for a consent decree
or order;
(d) to receive and dispose of an application for
the return of a document;
(e) to receive and dispose of an application under
sub-rule (1) of Rule 5 or Rule 6, 8 or 10 of Order
XLI of the Code; or
(f) to receive any other application specified in the
Order and to direct notice to issue on any such
application.
The Registrar General or any other officer authorized
under this Rule may adjourn any of the above matters to Court.
Where an officer other than the Registrar General has
been authorised under this Rule, the Registrar General may
exercise his function in his absence.
(2) In the absence of the Registrar General where
he has been authorised under this Rule or
where an officer other than the Registrar
General has been so authorised in the absence
of both, a motion relating to any of the above the
Court for disposal.
(3) Any order passed by the Registrar General or
any other officer under Clause (b) or (e) of
this Rule shall be subject to revision by the
Court on application made by the aggrieved
party within a period of two months or such
further time as the Court may allow from the
date of the order complained of.
5. Exercise of powers by Joint Registrar or other
officer:-The Chief Justice may authorize 12[the Registrar] or
the Joint Registrar or any other officer to exercise such
functions, powers and duties of the Registrar General under
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these Rules as he may by order assign to him. In his absence
the Registrar General shall himself exercise such functions,
powers and duties.

6. Exercise of Registrar General’s powers in his
absence :- In the absence of the Registrar General 1[the
Registrar] or the Joint Registrar 12[as the case may be], shall
exercise the functions, powers and duties of the Registrar
General and 12[in their absence] such functions, powers and
duties shall be exercised by the Deputy Registrar with the
exception of the powers, if any, conferred under Rule 4.
7. Court's jurisdiction unaffected :- The powers
conferred upon, and the functions and duties assigned to, the
Registrar General, 2[the Registrar], the Joint Registrar or any
other officer under these Rules, shall in no way affect the
jurisdiction and powers of the court.
CHAPTER III
EXECUTIVE AND ADMINISTRATIVE BUSINESS OF THE
COURT
COMMENTS
3[1. Administrative Judges :- The Chief Justice shall
nominate and assign one sessions division to each Hon. Judge
as Administrative Judge of that division for a period of one
year. In a given situation however, the Chief Justice may
assign more than one sessions divisions to one Administrative
Judge and more than one Administrative Judges to hold the
charge of one sessions division.,
(a) In case of retirement, resignation, refusal or
death of any Administrative Judge, another Hon.
Judge shall be nominated by the Chief Justice.
(b) Administrative Judge shall proceed for
inspection in consultation with the Chief Justice.
The Administrative Judge will not ordinarily
devote more than five working days for annual
inspections.
14[2. Administrative Committee :- There shall be a
Committee called 'The Administrative Committee' composed
of the Chief Justice, two senior most Judges and six Judges to
be nominated by the Chief Justice.,
(a) the two senior most Judge shall be permanent
members and six Judges shall be nominated as
members by the Chief Justice for a term of
three years.
(b) The Chief Justice and in his absence the
senior most member of the Committee shall
preside over its meetings,
(c) In case of retirement, resignation, refusal or
death of any member of the Committee, another
Judge shall be nominated by the Chief Justice
in his place.
1 Inserted by Noti. No. 56/VIII-C-19, dated 28.1.1970, published in U.P. Gazette, Part I,
dated 23.5.1970 p. 131.
2 Inserted by Noti. No. 56/VIII-C-19, dated 28.1.1970, published in U.P. Gazette, Part II,
dated 23.5.1970, p. 131.
3 Subs. By Noti. No. C-1572 J.R. (S)/VIII-C-151, dated 1.8.1994, published in U.P.
Gazette (Extra), Part 4 (Ka), dated 1.8.1994
8
(d) In the event of a member being temporarily
absent on leave or otherwise, it will be open to
the Chief Justice to assign his work to any
other Judge,
(e) Each member of the Committee shall
discharge such function, dispose of such
executive and administrative business, as may
be allocated to him by the Chief Justice,
(f) Out of the six nominated members for the first
time, two shall retire at the end of one year and
the other two shall retire at the end of two years
in accordance with the directions of the Chief
Justice.
14a3. [***]
14b4. Allocation of administrative work :- The following
shall be the allocation of executive and Administrative work
between the Chief Justice, the 14c[Administrative Judge], the
Administrative Committee and the Full Court:
(A) MATTERS FOR THE CHIEF JUSTICE
1. General supervision and control of subordinate
courts and the Vigilance Cell subject to these Rules.
2. Co-ordination of the work of different Committees and
the 14c[Administrative Judge].
3. Constituting Committees of Judges to examine any
specified matter.
4. Assigning districts to 14c[Administrative Judge].
5. Mid-term posting and transfers of officers of the
subordinate judiciary, in consultation with two 14c[two members
of the Administrative Committee].
4[6. Inter district transfers of the employees of the
subordinate courts.
5[7. All residuary matters not allotted to any Committee
or 14c[Administrative Judges.
14c(B) MATTERS FOR ADMINISTRATIVE JUDGES
1. Review of judicial work of subordinate courts, tribunals,
district consumer forums and all other special courts and
control of their working including inspection thereof, to record
entries in the character rolls of the officers posted in the
division assigned to the Administrative Judge.
2. Perusal of returns, calendars, evaluation of inspection
reports made by the Presiding Officer in respect of their own
14a Deleted by Noti. No. C-1572 J.R. (S)/VIII-C-151, dated 1.8.1994, published in U.P.
Gazette (Extra), Part 4 (Ka), dated 1.8.1994.
Notification No.89/VIII C-151, February 14, 2000 correction slip No.230
14b Subs. By Noti. No. 19/VIII-C-151, dated 9.8.1977, published in U.P. Gazette, Part II,
dated 20.8.77, p. 53.
14c Subs. By Noti. No. C-1572 J.R.(S)/VIII-C-151, dated 1.8.1994, published in U.P.
Gazette (Extra.), Part 4 (Ka), dated 1.8.1994
4 Ins. By Noti. No. C-1572 J.R. (S)/VIII-C-151, dated 1.8.1994, published in U.P. Gazette
(Extra.), part 4 (Ka), dated 1.8.1994
5 Renumbered By Noti. No. C-1572 J.R. (S)/VIII-C-151, dated 1.8.1994, published in
U.P. Gazette (Extra.), part 4 (Ka), dated 1.8.1994
9
offices, audit reports received from those courts, tribunals etc.
and to make orders thereon.
3. Any adverse remarks or strictures made by an
Administrative Judge about judicial work, conduct or integrity
of any officer under his charge will be communicated to the
officer concerned, who may make his representations, if any,
within a month and the same shall be placed before the
Administrative Committee for consideration and decision.
4. Grant of earned leave to officers posted in the
sessions division under the charge of the [Administrative]
Judge.
5. Grant of casual leave (including special casual leave)
and permission to leave the head quarters to the District and
Sessions Judge, presiding officers of the tribunals and special
courts etc. howsoever designated.
6. Disposal of appeals against orders of punishment
imposed on and representations etc. of the employees of the
subordinate courts.
(C) MATTERS FOR THE ADMINISTRATIVE COMMITTEE
1. Annual postings and transfers of officers of the
subordinate judiciary.
2. Deputation of officers of the subordinate judiciary
and their withdrawal.
3. Consideration of the preliminary report in disciplinary
matters and directing holding of disciplinary enquiry against
officers of the subordinate judiciary.
4. Suspension of officers of the subordinate judiciary
pending disciplinary enquiry.
6[7[5. Award censure entries to officers of subordinate
judiciary.]
18[6. Temporary promotion of officers to the cadres of Civil
Judges and Chief Judicial Magistrates.
8[18[7. Confirmation, promotion to selection grade, super
sessions and reversions of officers of the subordinate judiciary.
18[8. Investiture of powers on officers of the subordinate
judiciary.
18[9. Creation and abolition of posts.
18[10. Issuing circulars and general letters for the guidance
of subordinate courts. Copies of such circulars and general
letters shall be sent to all the Judges of the Court for
information.
18[11. Fixing working hours, vacation for the subordinate
courts, calendars and list of holidays for courts.
6 Added by Noti. No. 257/IV-f-46, dated 27.3.1979, published in U.P. Gazette, Part II,
dated 26.4.1980 as clause 4 (a), and clauses 4 (a) to clause 12 renumbered as clauses 5 to
13 respectively vide Noti No. C-1572 J.R. (S)/VIII C-151, dated 1.8.1994, published in
U.P. Gazette (Extra.), Part 4 (Ka), dated 1.8.1994.
7 Renumbered by Noti No. C-1572 J.R. (S)/VIII C-151, dated 1.8.1994, published in U.P.
Gazette (Extra.), Part 4 (Ka), dated 1.8.1994.
8 Subs. by Noti No. C-1572 J.R. (S)/VIII C-151, dated 1.8.1994, published in U.P.
Gazette (Extra.), Part 4 (Ka), dated 1.8.1994.
1
0
18[12. Matters referred to the Administrative Committee by
the Chief Justice.
9[18[13. Matters in which the opinion of the High Court is
sought for by the Union or the State Government.
20a14. Permission to cross efficiency bar to officers of the
sub-ordinate judiciary.
15. Finalisation of the list of holidays, working hours,
vacations and calendars of the Court.
16. Decision of the reports of the [Administrative] Judge
including annual confidential remarks recorded by him in
respect of an officer in his charge.
17. Consideration of representations against the decisions
of the Committee relating to adverse remarks and strictures.
(D) MATTERS FOR THE FULL COURT
1. Direct recruitment of District Judges and
recommendations to Government regarding promotion to the
Cadre of District Judges.
20b[2. Grant of suppertime pay scale to officers of Higher
Judicial Service, reduction in rank, premature retirement and
refusal of extension beyond 58 years to officers of the
subordinate judiciary].
3. Termination of services of temporary officers and
probationers of the subordinate judiciary.
4. 10[Subject to sub-clause (5) to clause B and sub-
clause 4 (a)11 to clause C, consideration of final reports of
disciplinary enquiries in respect of officers of the subordinate
judiciary and taking decision as to punishment and further
action.
5. Proposals as to legislation or changes in law.
6. Making and amending Rules of the Court.
7. Making and amending Rules for the guidance of
subordinate courts.
8. General policy matters and matters affecting the powers
and status of the court.
9. Consideration of general annual report of administration
of justice to be sent to Government.
12[10. Matters which the Chief Justice or the Administrative
Committee or any five Judges may consider fit to be placed
before the Full Court.]
9 Clause 10 of Section D renumbered as Item No. 13 and transferred in Section C vide
Noti. No. 8/VIII-C-151, dated 6.4.1978, published in U.P. Gazette, Part II, Dated 3.7.78.
20a Added by Noti. No. C-1572 J.R. (S)/VIII C-151, dated 1.8.1994, published in U.P.
Gazette (Extra.), Part 4 (Ka), dated 1.8.1994
20b Subs. by Noti. No. C-1572 J.R. (S)/VIII C-151, dated 1.8.1994, published in U.P.
Gazette (Extra.), Part 4 (Ka), dated 1.8.1994
10 Added by Noti. No. 257/IV-f-46, dated 27.3.1979, published in U.P. Gazette, Part II,
dated 26.4.1980
11 Now to be read as sub-clauses 5, See Noti. No. C-1572 J.R. (S)/VIII-C-151, dated
1.8.1994, published in U.P. Gazette (Extra.), Part 4 (Ka), dated 1.8.1994
12 Clause 11 of Section D renumbered as clause 10 vide Noti. No. 8/VIII-C-151 dated
6.4.78, published in U.P. Gazette, Part II, dated 3.6.78 p. 32.