PART II EXTRAORDINARY

LAW DEPARTMENT

[L, LA & J-HOME (COURTS.B)]

APPELLATE SIDE RULES - NOTIFICATION OF CERTAIN AMENDMENT TO RULES

ON THE APPELLATE SIDE.

HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

ABSTRACT

Amendment to Rules on the Appellate Side-Incorporation of a separate Chapter

i.e., Chapter III-A, after Chapter III of High Court Appellate Side Rules.

NOTIFICATION No. 10/SO/2018

ROC.No.169/SO/2018,- Under the provisions of Section 122 of the Code of

Civil Procedure, 1908, the following draft of the proposed amendment to Rules on the

Appellate Side incorporating a separate Chapter i.e., Chapter III-A. after Chapter III

of High Court Appellate Side Rules, is notified for information of the persons interested.

It is notified that the said draft amendment is suggested by the High Court tentatively.

It is further notified that anY objections or suggestions to the said draft amendment

will be received by the High Court from any person within a period of Two Weeks

from the date of Publication of this Notification in Andhra Pradesh Gazette and

will be considered by High Court. Any kind of objections and suggestions to

the draft Amendment will not be received by the High Court after the aforesaid

period.

[1]

Registered No. HSE-49/2016

No.69

AMARAVATI, MONDAY , MAY 21, 2018

G.203

NOTIFICATIONS BY HEADS OF DEPARTMENTS, Etc.

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Thereafter, the draft Amendment prepared in the light of the Objections

and Suggestions, if any, from any person, after due consideration by the High

Court will be forwarded to the State Governments, for approval under Section 126

of Code of Civil Procedure, 1908.

The Amendment to the Appellate Side Rules incorporating a separate

Chapter i.e., Chapter III-A, after Chapter III of High Court Appellate Side Rules

is as under:

AMENDMENT

Chapter III-A

Norms for Presentation and Conduct of proceedings in person by parties

33 B (1)

Whenever a party wants to appear and argue the case in person, he/she

shall first, file an application along with the proceedings, seeking permission

to appear in person. The application shall indicate reasons as to why

he/she cannot engage an Advocate and wants to appear and argue

in person, and if he is willing to accept an Advocate, who can be

appointed for him by the Court.

(2)

Such application as filed along with the proceedings shall be placed

before a Committee of two officers of the Registry, who are working

on deputation from the State Judicial Service, to be nominated by

the Honourable the Chief Justice. The Committee shall scrutinize

the matter/proceedings filed by Party in-person so as to ensure that the

Party-in-person has complied with the requirements of the High

Court Appellate Side Rules, and that the Party-in-person has not

made any objectionable averments/allegations and has not used

unparliamentary language in the pleadings. The Committee shall

interact with the Party-in-person and give opinion by way of Office

Report whether Party-in-person is competent to assist the Court for

disposal of the matter.

(3)

In case a Party, who wishes to defend the matter/proceedings in

person as respondent/opponent, the Court may direct such party to

appear before the above committee and the above Committee shall

ensure and certify that such person is ‘Competent’ to assist the Court

in person.

(4)

(a)

If the certificate is not issued in both the cases mentioned in sub

Rule (2) and (3) above and the Party-in-person is lawfully entitled

to be referred to the High Court Legal Services Committee in

accordance with law, the same will be referred to the Committee

for offering legal services to the concerned litigant.

ANDHRA PRADESH GAZETTTE EXTRAORDINARY

[Part-II

(b)

If the concerned litigant is not entitled under law to get assistance

of Legal Services Committee, he will be asked to appoint a

lawyer to represent his case.

(c)

in the event, it is certified that Party-in-person is ‘competent’ to

assist the Court in person, the Party-in-person shall give an

undertaking that he shall maintain decorum of the Court and shall

not use or express objectionable and unparliamentary language

or behaviour during the course of hearing in the Court or in the

Court premises or in the further pleadings.

(5)

If the Party-in-person fails to abide by his Undertaking as above,

Contempt Proceedings may be initiated against him and/or appropriate

costs shall be imposed on him and/or the concerned party will not be

allowed to appear in any case as Party-in-person for such period as

the Court may think fit.

(6)

These Rules will not apply in the cases of applications for temporary

bail, parole, furlough and habeas corpus.

(7)

Notwithstanding anything contained in these Rules, the concerned

Court before which the matter lies, may, in its discretion, permit a

litigant/s to appear in person and conduct the proceedings :

Provided, that the Court may, in its discretion, require the concerned

litigant/s. first to appear before the Scrutiny Committee under sub

Rule (2) or (3), as the case may be.

(8)

Notwithstanding anything contained in the Writ Proceedings Rules,

1977, the Contempt of Court. Rules, 1980. Public Interest Litigation

Rules. 2015 and the Rules of the Madras High Court, Original Side,

1956, adopted by this Court, the provisions of Chapter III-A shall

apply to all the writ, original and appellate proceedings in the High

Court.

Sd/.,

Dated : 07-03-2018.

Registrar General.

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Published and Uploaded by the Commissioner of Printing, Government of Andhra Pradesh at

Government Regional Press, Vijayawada, www.apegazette.cgg.gov.in

May 21, 2018]

ANDHRA PRADESH GAZETTTE EXTRAORDINARY