R.N.I.No. TELMUL/2016/73158. [Price: `.: 3-00

HSE No. 1051/2017-2019.

RULES SUPPLEMENT TO PART-II

EXTRAORDINARY

OF

THE TELANGANA GAZETTE

PUBLISHED BY AUTHORITY

No. 1] HYDERABAD, SATURDAY, MAY 26, 2018.

NOTIFICATIONS BY HEADS OF

DEPARTMENTS, Etc.

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JUDICIAL NOTIFICATIONS

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE

STATE OF TELANGANA AND THE STATE OF

ANDHRA PRADESH

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 – NOTIFIED.

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.,

[1]

G. 138.

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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 Telangana 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.

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

May 26, 2018]

RULES SUPPLEMENT

3

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.

(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:

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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.

CH. MANAVENDRANATH ROY,

Hyderabad,

Registrar General.

07-3-2018.

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Printed and Published by the Commissioner of Printing, Government of Telangana at

Government Central Press, Hyderabad.