GENERAL INTERPRETATION

  1. These Rules shall be called the Supreme Appellate Court Gilgit-Baltistan Rules, 2008 and shall come into force at once.

    2. DEFINITIONS:

    1. “Order”
      2. means the Gilgit-Baltistan Governance Order, 1994.
    2. “Chief Judge”
      3. means the Chief Judge Supreme Appellate Court Gilgit-Baltistan.
    3. “Judge”
      4. means the Judge of Supreme Appellate Court Gilgit-Baltistan.
    4. “Chief Court”
      5. means the Gilgit-Baltistan High Court Gilgit.
    5. “Code”
      6. means the Code of Civil Procedure, 1908.
    6. “Court”
      7. Appealed from” includes Chief Court, a tribunal and any other judicial body from which an appeal is preferred to this Court.
    7. “Advocate”
      8. means a person entitled to appear and plead before the Supreme Appellate Court Gilgit-Baltistan, Gilgit.
    8. “Gazette”
      9. means the Gazette of Pakistan
    9. “Prescribed”
      10. means prescribed by or under these Rules:
    10. “Registrar”
      11. means ‘Registrar of the Court’.
    11. “Registry”
      12. means main Registry of the Court’.
    12. “Branch Registry”
      13. means a Branch Registry of the Court set up by the Chief Judge and notified in the Gazette.
    13. “Respondent”
      14. includes an intervener/contestant.
    14. “Signed”
      15. save in the case of a judgment and decree includes stamped.

  2. Unless the context otherwise requires, the General Clauses Act, 1887, shall apply to the interpretation of these Rules as it applied to the interpretation of a Federal Act.
  3. Whereby these Rules or by any order of the Court any step is required to be taken in connection with any cause, matter or appeal, before the court, that step shall, unless the context otherwise requires, be taken in the Registry or in the appropriate Branch Registry,Main Registry Gilgit.
  4. Where any particular number of days is prescribed by these Rules, the same shall be computed in accordance with the provisions of Limitation Act, 1908.
  5. Save as otherwise expressly provided by these Rules, the provision of the Code shall not apply to any proceedings in the court.

OFFICERS OF THE COURT: SITTING AND VACATION

  1. Except during the vacation and on Court holidays and subject to any order of the Chief Judge, the office of the Court shall remain open daily from 08:30 a.m. to 02:30 p.m. on week days, and from 08:30 a.m. 12:30 noon on Friday. Provided that no matter, unless of an urgent nature shall be received within one hour of the closing time.

  2. Except Holidays. The officers of the Court shall be opened during the vacation and the Winter holidays.

  3. The Judicial Year of the court shall commence on the second Monday in September each year, or in case it is a Court holiday, then, on the next working day, and continue until the commencement of the vacation in the year next following.

  4. Summer Vacation of the Court shall commence on the 11th July to 31st July or on such date, as may be fixed in each year by the Chief Judge and notified in the Gazette.

  5. The Court shall not ordinarily sit on (Saturday or on any other day that may be set apart for writing of Judgments) nor during Winter Vacations that is to say 1st December to 1st March, both days inclusive, as may be fixed in each year by the Chief Judge and notified in the Gazette.

  6. A Judge shall be nominated by the Chief Judge before the commencement of vacation and winter holidays for the hearing of all matters which may require to be immediately or promptly dealt with.

OFFICERS OF THE COURT

  1. The Registrar shall be executive head of the Office. He shall have the custody of the records of the Court and shall exercise such powers as are assigned to him by these Rules.

  2. The Registrar and other officers shall not remain on leave without the permission of the Chief Judge and similarly other officials will not remain absent without the leave of the Registrar.

  3. In the absence of the Registrar, [the Additional Registrar and in the absence of Additional Registrar] the Deputy Registrar or in the absence of the Deputy Registrar, the Assistant Registrar shall perform all the functions of the Registrar, under these Rules.

  4. The Chief Judge may assign and the Registrar may, with the approval of the chief Judge, delegate his powers to Additional Registrar, Deputy Registrar or Assistant Registrar, any functions required by these Rules to be performed by the Registrar.

  5. The Registrar shall, subject to any directions by the chief Judge, allocate the duties of the Registry among the officers of the Court, and shall subject to these Rules, and to any such direction as aforesaid, supervise, and control the officers and servants of the Court.

  6. The Seal of the Court shall be such as the Chief Judge may direct, and shall be kept in the custody of the Registrar.

  7. Subject to any directions by the Chief Judge, Seal or the Court shall not be affixed to any writ, rule, summons or other process serve under the authority in writing of the Registrar.

  8. 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 Registrar.

  9. The Registrar shall keep a list of all cases pending before the Court and shall subject to these Rules ad any directions given by the Chief Judge, prepare the list of cases ready for hearing and shall cause notice to be given thereof and of the day if any, assigned for the hearing of any case or cases in the list.

  10. In addition to any other powers under the Rules, and subject to nay general or special orders of the Chief Judge, the Registrar shall have the following powers namely:-

    1. to require any plaint, petition of appeal, petition for leave to appeal or other matters 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 thinks proper in relation thereto, has been complied with:-
    2. to fix the dates of hearing of appeals, petitions or other matters and issue notices thereof;
    3. to settle the index;
    4. to direct any formal amendment of record.

ADVOCATES AND ADVOCATES-ON-RECORD

  1. There Shall be kept separately, a Roll of Senior Advocates, of Advocate and of Advocate-on-Record.

  2. A person shall not be qualified for being enrolled as an Advocate unless he:-

    1. (a) has been for not less than ten years enrolled as an Advocate in the Gilgit-Baltistan Chief Court/Court of any Province.

    2. has been certified in a duly authenticated form by the Chief Judge Gilgit-Baltistan Chief Court/High Court of any.

    3. Has been enrolled as an Advocate of Supreme Court of Pakistan or Supreme Court of Azad Jammu and Kashmir.

    Provided that the Chief Judge and Judges may grant the enrolment of a person not qualified as aforementioned if in their judgment he is qualified by knowledge, ability and experience to be enrolled as an Advocate.

  3. The Chief Judge and Judges may select, from time to time, from among those whose names are on the Roll of the Advocates, persons who are judged, by their knowledge, ability and experience, to be worth of being granted the status of Senior Advocate and on signing the Roll of Senior Advocates shall assume the said status. A Senior Advocate shall pay an enrolment fee of Rs. 5000/-.

  4. The dress of Advocate shall be black suit, black tie or black Sherwain, with white Shalwar Kameez and shall wear the gowns as and when notified by the Court.

  5. A signing fee of Rs. 100/- shall be charged from an Advocate.

  6. Where, on the complaint of any person or otherwise, the Chief Judge or the court is of the opinion that an Advocate has been guilty or misconduct or conduct unbecoming of an Advocate, with regard to any matter concerning the Court, the Chief Judge or the Court may after affording him an opportunity of oral hearing, take such disciplinary action, including suspension and removal from practice of the Court, against him as it may deem fit.

  7. Nothing in this Order shall be deemed to limit or otherwise affect the inherent powers of the court to make such order and take such action as may be necessary for the conduct and proceedings of the Court.

  8. A Senior Advocate, and Advocate and an Advocate-on-Record shall be entitled to appear and plead before the Court signing his respective Roll: Provided that an Advocate shall not be allowed to sign the Roll unless he produces certificate of enrolment from the Gilgit-Baltistan Bar Council; and

  9. No Advocate other than an Advocate-on-Record shall appear or plead in any matter unless he is instructed by an Advocate-on-Record.

  10. The Rolls of Senior Advocates, Advocates and Advocate-on-Record shall be kept by the Registrar and shall contain such particulars as the Court may, from time to time require.

  11. The Advocate General of a Province shall have precedence immediately after the Attorney General. Provided that the seniority of Advocate General of Provinces inter shall be determined in accordance with the dates of appointment to their respective offices.

  12. An Advocate of five years standing in the Supreme Appellate Court shall be qualified to be registered as an Advocate-on-Record making an application in this behalf.

  13. No Advocate other than an Advocate-on-Record shall entitle to act for a party in any proceedings in the Court.

  14. No Senior Advocate shall be registered as Advocate-on-Record.

  15. Every Advocate-on-Record shall have an office at the seat of the main Registry or at the seat of any Branch Registry and shall notify the Registrar of the Address of his office and of any change of address, an any notice, writ, summons or other documents delivered or sent through post to the Advocate-on-Record at the address so notified by him shall be deemed to have been properly served.

  16. Two or more Advocate-on-Record may enter into partnership with one another, and any one of them may act in the name of the partnership, provided that the firm has an office at the seat of the Main Registry or a Branch Registry and is registered with the Registrar. The undertaking prescribed in rule 17 hereinbefore contained in this Order, shall be prescribed separately by all the partners on behalf of the firm. Any change in the composition of the firm shall be intimated to the Registrar. Any firm of Advocate- on-Record may, in addition to principal office at the seat of the Court or a Branch Registry, also maintain Branch office at any District Headquarters or other centre of litigation, provided that such Branch office is under the management and control of a member of the firm who has received training at the principal office of the firm for a period of not less than one year.

  17. An Advocate-on-Record who wishes to have his name removed from the Roll of Advocate-on-Record shall apply by petition, verified by an affidavit, entitled “in the matter of ……….an Advocate-on-Record, in this Court”, and stating the date of his enrolment as an Advocate-on Record, the reasons why he wishes his to be removed, that no application or other proceeding in any court is pending, or is likely to be instituted against him, and that no fees are owing to the Court for which he is personally liable.

  18. Every Advocate-on-Record shall, before action on behalf of any person or party, file in the Registry a power-of-attorney in the prescribed form authorizing him to act.

  19. No person having an advocate-on-Record shall power-of-attorney authorizing another Advocate-on-Record to act for him in the same case save with the consent of the former Advocate-on-Record or by leave of the Court, unless the former Advocate-on-Record is dead, or is unable by reason of infirmity of mind or body to continue to act.

  20. No Advocate-on-Record shall without leave of the Court withdraw from the conduct of any case by reason only of non-payment by his client of fees, costs and other charges.

  21. Every Advocate-on-Record in the case shall be personally liable to the Court for due payment of all fees and charges payable to the Court.

  22. No person having an Advocate-on-Record in the case shall be heard in person save by special leave of the Court: Provided that where a person is not represented by an Advocate-on-Record or has been permitted by the Court to appear in person, he shall be subject to same discipline and restrictions as are application to an Advocate-on-Record.

  23. No Advocate-on-Record shall authorize any person, except another Advocate-on-Record to do any act in his name in any case. The authorization shall be in writing.

  24. Where a party changes his Advocate-on-Record, the new Advocate-on- Record shall give notice of the change to all parties concerned.

  25. A Senior Advocate, or an Advocate or an Advocate-on-Record who wishes to suspend his practice by, reason of his appointment to any office of profit under the Government, or his being engaged in another profession or for any other reason, shall give intimation thereof to the Registrar.

BUSINESS IN CHAMBERS

  1. The powers of the Court in relation to the following matters may be exercised by the Registrar:-

    1. Application for revival or substitution.

    2. Application for discovery and inspection.

    3. Application for delivery of interrogatories.

    4. Certifying of cases as fit for employment of Advocates.

    5. Application for substituted service.

    6. Registration petitions, appeals, suits and other matters.

    7. Application for time to plead, for production of documents and generally relating to conduct of cause, appeal or matter and to allow from time to time any period or periods not exceeding six weeks, in the aggregate, and for doing any other act necessary to make a cause petition or appeal complete.

    8. Approval of Translator.

    9. Approval of Interpreter.

    10. Application for payment into Court.

    11. Application for search, inspection or getting copies of any document or record by parties to proceedings and third parties on payment of prescribed fees and charges.

    12. Application for return of document.

    13. Determination of the quantum of Court fee payable in respect of any document.

    14. Application for issue of a refund certificate in respect of excess Court fee paid by mistake.

    15. Application for a transcript record instead of printed record.

    16. Application for production of documents outside Court premises.

    17. Application for further particulars, better statement of claim or defence.

    18. Application for payment of money out of court or handing over or discharge of security.

    19. Application for enforcing payment of costs.

    20. Application for extending returnable dates of warrants.

    21. Application for bringing on record the legal representatives of a deceased party.

    22. Show-cause notice to the parties who fail to prosecute appeals, petitions or matters pending before the Court with due diligence.

    23. Application for permission to exhibit or use documents in a language other than Urdu or English.

    24. Application for permission to get paper books prepared outside the Court.

    25. Application for extension of time limit for filing affidavits.

    26. Application for security for costs.

    27. Application for assignment of Security Bonds.

    28. Setting down, cause, appeal or matter ex-parte.

  2. The power of the Court in relation to the following matters may be exercised by a Single Judge, sitting in Chambers, but subject to re-consideration, at the instance of any aggrieved party by a Bench of not less than two Judges, which may include the Judge who dealt with the matter:-

    1. Application leave to compromise or discontinue a pauper appeal.

    2. Application for striking out or adding a part.

    3. Application for separate trials of causes of action.

    4. Application for separate trials to avoid embarrassment.

    5. Rejection of plaint.

    6. Application for setting down for judgment in default of written statement.

    7. Application for striking out any matter in a pleading.

    8. Application for amendment of pleading.

    9. Application for enlargement of time to amend.

    10. Application for dismissal for non-prosecution.

    11. Application for tax bills returned by Taxing Officer.

    12. Application for costs of taxation where one-sixth is taxed off.

    13. Application for enlargement or abridgment of time except those covered by item 7 of rule 1 and application for condonation of delay in filing petition for leave to appeal.

    14. Application for issue of commissions.

    15. Application for order against clients for payment of costs.

    16. Application for production of evidence by affidavit.

    17. Application for stay of execution of decree or order in civil proceedings.

    18. Application for stay of execution of a sentence or order in Criminal Proceedings.

    19. Application for grant of bail.

    20. Application to set aside ex-parte orders.

    21. Consent petitions.

  3. An appeal shall lie from the Registrar in all cases to the Judge in Chambers.

  4. An application of reconsideration under rule 2 supra and an appeal under rule 3 supra shall be filed within thirty (30) days of the date of the order complained of.

  5. The Registrar may, and if so directed by the Judge in Chambers shall, at any time adjourn any matter and place it before the Judge in Chambers, and the Judge in Chambers may at any time refer any matter to the Court, and the Court may direct that any matter shall be transferred from the Registrar or the Judge in Chamber to the Court.

NOTICES OF MOTION

  1. Save as otherwise provided by law or these rules, all applications shall be made before the Court on motion after notice to the parties affected thereby. Where the delay caused by notice would or might entail prejudice or hardship, an application may be made duly supported by an affidavit, for an ad-interim order ex-parte, and the Court, if satisfied that the delay caused by notice would entail prejudice or hardship, may make order ex-parte upon such terms as to costs or otherwise, and subject to such undertaking, it any, as the Court deem just, pending orders on the main application by notice of motion.

  2. A notice of motion shall be instituted in the suit or matter in which the application is intended to be made and shall state the time and place of application and the nature of order asked for and shall be addressed to the party or parties intended to be affected by it and shall be signed by the party, if any, or by himself where he acts in person.

  3. Save by leave of the Court, the notice of motion together with the affidavit in support thereof, shall be served on the opposite party not less than 12 days before the day appointed for the motion and the affidavit of service together with the acknowledgment receipt of the service of the notice shall be filed in the Registry at least three days before the day appointed for the motion. Counter affidavits, if any, shall be filled in the Registry during office hours not later than one hour before the closing of the Registry on the day preceding the day of hearing and copies of those affidavits shall be served on the other parties to the motion and the affidavits shall

  4. Notice shall be given to the other party or parties of all grounds intended to be urged in support of or in opposition to, any motion.

  5. Save by leave of the Court, no affidavit in support of the application beyond those specified in the notice of the motion, nor any affidavit in answer or reply filed later than the time prescribed in these Rules shall be used at the hearing or allowed on taxation.

  6. Save as otherwise ordered, the costs of a motion in a suit or proceeding shall be treated as costs in that suit or proceedings.

DOCUMENTS

  1. The officers of the Court shall not receive any pleading, petition, affidavit or other document, except original exhibits and certified copies of public documents, unless it is fairly and legibly transcribed on one side of standard petition paper, demy- foolscap size. Copies of documents, if not forming part of the record of the Court appealed from, filed for the use of this Court, shall be certified to be true copies by

  2. Any document in a language other than Urdu or English shall be accompanied by its translation in either of the two languages in accordance with the Rules.

  3. Every document required to be translated by a translator nominated or approved by the Court on the payment of prescribed fees.

  4. Every translator shall, before acting, make on oath or affirmation that he will translate correctly and accurately all documents given to him for translation, and at the end of document he shall certify in writing, signed by him, that the translation is correct.

  5. Except as otherwise, provided in these Rules, all plaints, petitions, appeals and other documents shall be presented in person by the party.

  6. Except as otherwise provided in these Rules, or by any law for the time being in force, the Court fee set out in the first schedule to these Rules shall be payable on all documents mentioned therein .

  7. The Registrar may decline to receive any document which is presented other wise than in accordance with these Rules.

AFFIDAVITS

  1. The Court may at any time, of sufficient reason, order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions, as the Court deems reasonable: Provided that to no such order shall be passed where it appears to the Court that either party bona fide desires the production of a witness for cross-examination and that such witness can be produced, without unreasonable delay or expense.

  2. Upon an application evidence may be given by affidavit, but the Court may, at the instance of the other party, order the attendance of the deponent in the Court for cross-examination, unless he is exempted from personal appearance or the Court otherwise directs,

  3. Every affidavit shall be entitled in the cause, matter or appeal in which it is sworn.

  4. Every affidavit shall be drawn up in first person, and shall be divided into paragraphs to be numbered consecutively, and shall state the description, occupation, if any, and the true place of abode of the deponent.

  5. Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statement of his belief may be admitted, provided that the grounds thereof are stated.

  6. The costs occasioned by any unnecessary prolixity in the titled to an affidavit or otherwise shall be disallowed by the Taxing Officer.

  7. An affidavit requiring interpretation to the deponent shall be interpreted by an interpreter nominated or approved, by the Court, if made at the seat of the Court, and if made elsewhere shall be interpreted by a competent person who shall certify that he has correctly interpreted the affidavit to the deponent.

  8. Affidavits for the purposes of any cause, matter or appeal before the Court may be sworn before any authority mentioned in section 139 of the Code or before the Registrar of this Court, or before a Commissioner generally or specially authorized in that behalf by the Chief Judge.

  9. Where the deponent is a Purdahnashin lady, she shall be identified by a person to whom she is known and that person shall prove the identification by a separate affidavit.

  10. Every exhibit annexed to an affidavit shall be marked with the title and number of the cause, matter or appeal and shall be initiated and dated by the authority before whom it is sworn.

  11. No affidavit having any interlineation, alteration or erasure shall be filed in the Court unless the interlineatin or alteration is initialed or unless in the case of an erasure the words or figures written on the erasure are rewritten in the margin and initialed, by the authority before whom the affidavit is sworn.

  12. The Registrar may refuse to receive an affidavit where, in his opinion, the interlineations, alterations are erasures or so numerous as to make it expedient that the affidavit should be rewritten.

  13. Where a special time limit is prescribed for filing affidavits, no affidavit, filed after that time shall be used except by leave of the Court.

  14. In this order “affidavit” includes a petition or other document required to be sworn and “sworn” shall include “affirmed”.

INSPECTION, SEARCH, ETC.

  1. Subject to the provisions of these Rules, a party to any case, matter or appeal, who has appeared shall be allowed to search, inspect or get copies of all pleadings and other documents or records in the case, on payment of the prescribed fees and charges.

  2. The Court, at the request of a person not a party to the cause, matter or appeal, may on good cause shown allow such search or inspection or grant such copies as is or are mentioned in the last preceding Rule, on payment of the prescribed fees and charges.

  3. A search or inspection under the last two preceding Rules during the pendency of a cause, matter or appeal, shall be allowed only in the presence of an officer of the Court and after twenty-four hours’ notice in writing to the parties who have appeared, and copies of documents shall not be allowed to be taken; but notes of the search or inspection may be made.

  4. Copies required under any of the preceding rules of this Order may be certified as correct copies by any officer of the Court authorized in that behalf by the Registrar.

  5. No record or document filed in any cause, matter or appeal shall, without the leave of the Court, be taken out of the custody of the Court.

JUDGMENTS, DEGREES AND ORDERS

  1. The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or on some future day, of which due notice shall be given to the parties or their Advocates and the decree or order shall be drawn up in accordance therewith.

  2. Subject to the provisions contained in Order XXVI, a judgment pronounced by the Court or by majority of the Court or by a dissenting Judge in open Court shall not afterwards be altered or added to, save for the purpose of correcting a clerical or arithmetical mistake or an error arising from any accident slip or omission.

  3. Certified copies of the judgment, decree or order shall be furnished to the parties on application made for the purpose and their expense.

  4. Every decree or order made by the Court shall be drawn up in the Registry and be signed by the Registrar or Additional Registrar or Deputy Registrar or Assistant Registrar and sealed with the Seal of the Court and shall bear the same date as the judgment.

  5. Every order made by the Registrar or the other officer shall be drawn up in the Registry and signed by the Registrar or other officer as the case may be.

  6. In case of doubt or difficulty with regard to at decree or order made by the Court, the Registrar shall, before issuing the draft, submit the same to the Judge in Chambers.

  7. Where a draft of any decree or order is required to be settled in the presence of the parties, the Registrar shall be notice in writing appoint a time for settling the same and the parties shall attend accordingly and produce their briefs and such other documents as may be necessary to enable the draft to be settled.

  8. Where any party is dissatisfied with any decree or order as settled by the Registrar, the Registrar shall not proceed to complete the decree or order without allowing that party sufficient time to apply by motion to the Court.

  9. The decree passed or order made in every appeal and a direction or writ issued in any matter by the Court shall be transmitted by the Registrar to the Court, tribunal or other authority concerned from whose judgment, decree or order the appeal or matter was brought, and any such decree, order or direction shall be executed and enforced as if it had been made and issued by the Gilgit-Baltistan Chief Court.

  10. Any order as to the costs of proceedings n the Court, as soon as the amount of the costs to be paid is ascertained, shall be transmitted by the Registrar to Court or tribunal appealed from or to any other authority concerned, and shall be given effect to by that Court, tribunal or authority as if it were an order made by the Gilgit- Baltistan Chief Court.

CONSTITUTION OF BENCHES

  1. Appeals shall be heard by the Chief Judge and Judges.

  2. If at any time the office of the Chief Judge or a Judge is vacant, or he is absent or unable to perform the function of his office due to any cause, appeals may be heard by the Chief Judge and one Judge or, as the case may be, by two Judges.

  3. The Full Bench/Division Bench may dispose of the appeals against judgments/decrees/orders of the Gilgit-Baltistan Chief Court. However criminal cases/motion cases, miscellaneous, urgent matters and Suo Motu cases including civil matters may be disposed of by a single Judge if ordered by the Chief Judge in his discretion, in a fit case that he deems necessary.

  4. Provided further that if the Judges hearing a petition/appeal or equally divided in opinion the petition or appeal as the case may be, shall be placed for hearing and disposal before the third Judge.