CHAPTER 4

Ch. 4

Special Procedure
PART I—CRIMINAL
Part A
SPECIAL RULES OF PROCEDURE IN ORIGINAL CRIMINAL CASES [OMITTED]
[Note—In view of the new Criminal Procedure Code Section 391 has replaced Section 428 of old
Code so this Chapter is no importance because original Criminal Jurisdiction of High Courts has
been abolished.]

Part B
RULES REGARDING THE SUMMONING AND EMPANELLING OF JURORS [OMITTED]

[In view of the new Criminal Procedure Code, 1973 this Chapter has now become redundant].

Part C
SUBSISTENCE AND TRAVELLING ALLOWANCE TO
COMPLAINANTS AND WITNESSES ATTENDING TRIALS BEFORE
THE HIGH COURT [OMITTED]

[By the new Criminal Procedure Code, original Criminal Jurisdiction of High Court has been
abolished so this Chapter is not relevant now.]

Part D
RULES OF PROCEDURE IN CASES UNDER SECTION 374 (366 NEW CODE) OF THE CODE
OF CRIMINAL PROCEDURE

1. Procedure—The rules of procedure to be followed by Sessions Judges in the submission of

proceedings to the High Court under Section 374 (366 New Code) of the Code of Criminal
Procedure are contained in Chapter 24B, Rules and Order, Volume III.
2. Printing of record—On receipt of the proceedings the Deputy Registrar shall take immediate
steps to have the record printed under the rules next following.
3. Contents of printed record—The printed record in Murder Reference Cases shall consist of
the following documents :
1. Opening sheet of Sessions record.
2. Notes and Orders of the Sessions Judge.
3. Charge Sheet.
4. First Information Report.
5. Inquest Report.
6. Report of Chemical Examiner and Serologist, if any.
7. Statements under Section 364 (New Code 281) Criminal Procedure Code.
8. Examination under Section 364 (New Code 281) by the Magistrate.
9. Record of evidence in Court of Session with any further examination under Section 364 (New
Code 281) Criminal Procedure Code, and altered charge, if any.
10. Material Documentary evidence, if any. .
11. Judgment of Sessions Judge.
12. Petition of Appeal.
4. Copies of the record—Fourteen copies of the Sessions record shall be printed at Government
expense with the least possible delay, if there is only one accused, but in case the number of the
accused exceeds one, an extra copy shall be printed for each additional accused.
5. Defence counsel at Government expense—In a case where the Sessions Judge certifies that
the accused person cannot afford to engage counsel for his defence in the High Court, the Deputy
Registrar shall take steps to have counsel engaged for his defence at Government expense.
6. Time limit for hearing Murder Reference—The hearing of the Murder Reference, in view
of confirmation or otherwise of the sentence of death passed by the Sessions Judge under Section
374 [New Code 366(1)] of the Code of Criminal Procedure, shall take place as a rule within
about six weeks after the date of despatch of the copy of Sessions Judge‟s judgment to the
convict.
7. Information of decision to accused—Immediately on the sentence of death being confirmed
or not confirmed, as the case may be, by the High Court, the Deputy Registrar shall inform the
Superintendent of the jail in which the prisoner is confined of the decision and direct him to
communicate the same to the prisoner forthwith. The Deputy Registrar shall at the same time
inform the Sessions Judge concerned and return the records to him for taking steps under Section
381 (New Code 413) of the Criminal Procedure Code. Copies of the High Court judgment shall
be sent to that officer later, and as promptly as possible.
8. Record to be sent to Government—The record of every case as prepared for the use of the
High Court in which the sentence of death has been confirmed by the High Court, together with a
copy of the High Court judgment and translations of Police Zimnis, shall, as soon as orders have
been passed confirming the death sentence, be forwarded to the State Government.
Part E]

Part E
RULES REGARDING LEGAL ASSISTANCE TO PERSONS IN CRIMINAL CASE IN THE
HIGH COURT
1
The High Court has framed the following rules for giving legal assistance to persons in Criminal
Cases :
1. Recommendations for legal assistance at Government expense to persons charged with

1. Amended vide Notification No. 736/Rules, dated 24-7-78.

offences punishable with death—(a) [2];
(b) When an accused person has been called upon by the High Court to show cause why a lesser
sentence should not be enhanced to a sentence of death, the District Magistrate, on receipt of a
notice for service upon the person called upon to show cause, shall, if he is satisfied that the
accused is unable, because of poverty, to engage counsel for his defence furnish a certificate that
the accused is entitled to be defended by a counsel at Government expense;
(c) When a sentence of death is referred by a Sessions Judge to the High Court for confirmation
under the provisions of Section 366, Criminal Procedure Code, the Sessions Judge shall not
whether the accused person was represented by counsel in his Court, and whether the accused
can afford to engage counsel for his defence in the High Court.
2. High Court may arrange counsel at Government expense in case other than of poverty—
If the High Court decides that the accused is unable on account of poverty to engage counsel for
his defence, the High Court shall make arrangements to employ counsel at Government expense.
The High Court may also employ counsel, if it thinks fit, in every case when the accused is
unrepresented, irrespective of considerations relative to the means of the accused to engage
counsel.
2-A. High Court may arrange counsel at Government expense in any criminal case—
Notwithstanding anything contained in the forgoing rules, the High Court may, if it considers
necessary so to do make arrangements to employ counsel at Government expense in any criminal
case if the accused appellant/petitioner/respondent is unable to engage a counsel.
3. List of selected defence counsels to be kept—The High Court shall for the above purpose,
maintain a list of legal practitioners whom the Chief Justice may select from time to time as fit to
be employed in such cases.
4. Printed record to be supplied free of cost in advance to defence counsel—When a counsel
is required, the Court will ordinarily select from this list a legal practitioner to appear for the
accused appellant/petitioner/ respondent. Counsel appointed in such cases, should be given
sufficient time to enable him to study the necessary documents, which will be the record of the
case as prepared in the High Court. This will be supplied free of cost.
3
[5. Scales of fees of defence counsels—The legal practitioner so appointed shall receive a fee as
per the table annexed to this part. The certificate shall be issued by the Branch within one month
without bothering the Hon‟ble Judges. The payment shall be made through the Govt. of N.C.T.
of Delhi on the production of the said certificate signed by the Registrar.Part
TABLE
S.No. Description of work Proposed

Drafting: (Criminal Matters)

1. Criminal appeal Rs.1,500/- one time total payment.

Where the pleadings in connected cases or batch matters

are substantially similar, the advocate will be entitled to
an additional drafting fee of Rs.1,000/- per case, subject

2
. Clause (a) deleted vide Notification No. 316/Rules/DHC dated 14.7.2011
3. Rule 5 Substituted vide Notification No. 741/Estt./E-VI/DHC dated 10-1-2002 and further substituted vide
Notification No. 316/Rules/DHC dated 14.7.2011
 to a maximum total of Rs.5,000/- per group of connected
cases or batch matters.

2. Criminal Revision, bail application, Rs.500/- subject to a maximum of Rs.1,000/- per FIR
anticipatory bail application, parole
application, suspension application Additional drafting fee is not payable in connected or
and any other application. batch matters arising out of same FIR.

Acting:

1. All cases before an Hon‟ble Single Rs.2,000/- on admission of the case and Rs.4,000/- on
Judge. final disposal of the case.

2. All cases before a Division Bench. Rs.3,000/- on admission of the case and Rs.6,000/- on
final disposal of the case.

3. Bail application, anticipatory bail Rs.500/- per FIR subject to a maximum total of
application, parole application, Rs.1,000/- per FIR.
suspension application and any other
application.

Miscellaneous Expenses:

1. Typing Rs.15/- per page (1+3)

2. Photocopy Rs.0.50 photocopy (per page)

3. Clerkage 10% of the fee subject to a maximum of Rs,2000/-.

GENERAL CONDITIONS:-

1. Appeals/Revisions or Petitions arising from one common judgment/order will be considered

as one case.

2. When misc. applications are filed in a case, including transfer petition only drafting and typing
charges will be payable and no separate fee will be payable.

3. When counsel is changed during the pendency of the case fee will be payable as per the stage
fixed hereinabove.

4. Fees payable in any case not covered in the schedule specifically shall be at the discretion of
the Court/Judge, whose decision shall be final.
5. In the event of any doubt or difference of opinion regarding the honorarium payable, the
decision of the Court/Judge shall be final and binding.

6. The revised rates of the Fee/Honorarium shall be applicable from the date of approval. Cases
already settled will not be re-opened.

Part F (a)
RULES FRAMED BY THE HIGH COURT FOR THE ISSUE OF WRITS OF HABEAS CORPUS
UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 491(2) OF
THE CODE OF CRIMINAL PROCEDURE, 1898

1. Application how made—An application for a writ of habeas corpus shall be filed with the
Deputy Registrar and shall be accompanied by an affidavit of the person restrained stating that
the application is made at his instance and setting out the nature and circumstances of the
restraint:
Provided that where the person restrained is unable owing to the restraint to make the affidavit,
the application shall be accompanied by an affidavit to the like effect made by some other
person, which shall also state the reason why the person restrained is unable to make the affidavit
himself; and
Provided further that all communications addressed to the High Court by a person in the custody
of a public officer complaining of his detention or the conditions of his detention, whether
supported by affidavit or not, shall be laid before the Court for orders as applications under this
rule.
2. (i) Simultaneous applications—The applicant shall also state both in the application and
affidavit whether a more or less similar application has been made to the Supreme Court and if
so shall append thereto a copy of the application and a copy of the orders, if any, passed by the
Supreme Court.
(ii) Stay pending decision by Supreme Court—In case any simultaneous application has been
made to the Supreme Court, the hearing of the application to the High Court will ordinarily be
adjourned pending the decision of the Supreme Court in the matter.
3. Bench—The Bench for hearing an application for a writ of habeas corpus shall be as laid
down in clause (xx) of Rule 1 of Chapter 3B, Volume V, High Court Rules and Orders.
4. Rule nisi—If the Court is of the opinion that a prima facie case for granting the application is
made out, a rule nisi shall be issued calling upon the person or persons against whom the order is
sought, to appear on a day to be named therein to show cause why such orders should not be
made absolute and at the same time to produce in Court the body of the person or persons alleged
to be illegally or improperly detained then and there to be dealt with according to law:
Provided however that the Court may in any particular case order that the production of the body
of the person restrained may be dispensed with.
5. Copy for respondent(s)—If the Court grants a rule, the applicant shall, unless the admitting
Bench orders otherwise, file two typed copies of the application, with copies of enclosures, for
the use of the Court and an additional typed copy or copies, as the case may be of the application
for being supplied to the person(s) or authority upon whom the writ is to be served.
6. Service of Summons—The summons or notice of rule aforesaid shall be served on the person
against whom the issue of the writ is sought and on such other person as the Court or Judge may
direct, and, unless the Court or Judge otherwise directs, there shall be at least eight clear days
between the service of the summons or notice and the date named therein for the hearing of the
application.
7. Search warrants—(i) If the application for a writ of habeas corpus alleges that the person is
confined under such circumstances that the confinement amounts to an offence, the Court may,
at the time of issuing a rule nisi also issue a search warrant, and the person to whom the warrant
is directed may search for the person so confined; and such search shall be made in accordance
therewith, and the person, if found, shall be immediately brought before the Court, which shall
make such order as in the circumstances of the case may seem to be proper.
(ii) The provisions of Sections 43, 75, 77, 79, 82, 83 and 84 of the Code of Criminal Procedure,
shall, so far as may be, apply to all such warrants issued under clause (i) of this rule.
(iii) If the Court issuing a search warrant under clause (i) of this rule has reasons to believe that
the person to whom the warrant has been directed may not be able to identify the person
confined, the Court may order a person named in the warrant to accompany the person to whom
the warrant is directed, to assist him in the execution of the warrant.
8. The writ or the warrant shall along with a copy of application and a copy of the order be
served by the Bailiff of the Court or by such other person as may be appointed by the Judge.
Where the application is by or on behalf of a security prisoner, the writ will be served on the
Government and not on the officer detaining the prisoner.
For the purposes of this rule a security prisoner is a person detained by the order of the Central
Government or the State Government, under Section 3 of The Preventive Detention Act, 1950
(No. IV of 1950) or under the Punjab Security of the State Act, 1953 (Punjab Act No. XII of
1953).
9. Recording evidence—The Court may, if necessary, in disposing of such rule, take evidence
or direct a Court of Session or a Magistrate to take evidence.
10. Orders—On the returnable day of such rule or on any day to which the hearing thereof may
be adjourned if no cause is shown or if cause is shown and disallowed, the Court shall pass an
order that the person or persons, improperly detained shall be set at liberty. If the cause is
allowed, the rule shall be discharged.
11. Release order returnable immediately—Where a person ordered to be set at liberty under
the foregoing rule is not present in Court, an order for his release shall be issued forthwith to the
authority or person restraining him. This order shall be made returnable, duly executed,
immediately after service on the said authority or person, to the Court indicated in the order of
release.
12. Release order how served—The order of release shall be served personally if possible, upon
the person to whom it is directed; or if no possible, or if the order be directed to a gaoler or other
public official, by leaving it with a servant or agent of the person to whom the order is directed at
the place where the prisoner is confined or restrained.
13. Release order sufficient warrant to gaoler etc.—The order for release made by the Court,
or the Judge, shall be sufficient warrant to any gaoler, public official or other persons for the
release of the person under restraint.
14. Control and direction over custody of prisoner—Upon the return and the production of
the party on whose behalf the rule was issued, the custody of the prisoner shall be under the
control and direction of the Court until the disposal of the rule. Pending the hearing, the Court
may admit the prisoner to bail or remand him to the prison where he is in custody.
15. Costs—In disposing of any such rule, the Court may in its discretion make such order for
costs as it may consider just.
16. Forms—The forms of warrants Nos. 1 and 2 in the Appendix to these rules shall be used in
these proceedings.

APPENDIX (See Rule 16)

Form of Warrant No. 1 (See Rule 4)
Delhi High Court
To the officer in charge of (name of jail or lunatic asylum or other place, where the person is
detained in custody) or to (name of person).
You are hereby required to have the body of B.C. now a prisoner in your custody (or now in your
custody) before the High Court, on the
day . . . . . . . of next, by . . . . . . of the clock in the forenoon of the same day to be dealt with
according to law and you shall then and there abide by such order as shall in that behalf be made
by the said Court (if the prisoner is detained in public custody add) and unless the said B.C. shall
then and there, by the said Court, be ordered to be released, you shall, after the said Court shall
have dispensed with his further attendance cause him to be conveyed, under safe and sure
custody, back to the said (Jail or asylum or other place of custody).
Given under my hand and the seal of the Delhi High Court, this . . . . . . . . . . . . day of . . . . . . 19 .
.....
Deputy Registrar.

Form of Search Warrant No. 2 (See Rule 7)

Delhi High Court
To
(The name and designation of the person to whom the warrant is directed).
Whereas information has been laid before this Court that (give the name and description of the
person alleged to be illegally detained) is being illegally detained in (describe the house or place
where the person illegally detained). This is to authorise and require you, with the assistance of
(give the description of the person authorised to accompany the person to whom the warrant is
directed) to search for the aforesaid (give the name and description of the person illegally
detained) in the (describe the place to which the search is to be confined) and, if found, to
produce him forthwith before this Court to be dealt with according to law.
Given under my hand and the seal of the Delhi High Court, the . . . . . . day of . . . . . . . 19 . . . . . .
Deputy Registrar.
 PART II—CIVIL
Part F(b)]

Part F(b)
RULES FRAMED BY THE HIGH COURT FOR ISSUE OF WRITS OF MANDAMUS,
PROHIBITION, QUO WARRANTO AND CERTIORARI
UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

[Note : Please see Notification No. 17 Judicial/Rules of the Delhi

High Court given immediately after these Rules]
1. Every application for the issue of any directions, or orders or writs in the nature of mandamus,
prohibition, quo warranto or ceriorari mentioned in Article 226 of the Constitution of India, shall set
forth all the facts and grounds on which the relief is sought, and shall be supported by affidavit. The
application shall also state both in the application and the affidavit whether a more or less similar appli-
cation has been made to the Supreme Court and if so shall append thereto a copy of the application and
a copy of the orders, if any, passed by the Supreme Court.

1-A. (i) All petitions under Article 226 of the Constitution of India, wherein a prayer for stay or
any other interim relief is contained shall be made on motion after notice to the parties effected
thereby.
(ii) The notice referred to above shall be served personally or through registered post
acknowledgement due on the parties affected not less than five clear days before the day the
petition is filed and shall be accompanied by a copy of the main petition and shall also contain
the time and place of moving of petition.
(iii) The main petition shall contain an averment that the notice referred to in sub-rule (ii) above
has been duly served.
COMMENTS
A person obtaining an ex-parte order of a rule nisi by means of petition for the exercise of the extraordinary powers
under Article 226 of the Constitution must come with clean hands, must not suppress any relevant facts from the
Court, must refrain from making misleading statements and from giving incorrect information to the Court.
Bhupinder Pal Kaur v. Financial Commissioner (Revenue) Punjab, 1968 (70) P.L.R. 169.
(iv) If the petition is not made on the date intimate to the opposite party or parties, it shall be
incumbent on the petitioner to serve a fresh notice of his intention to move the petition in
accordance with the provisions of sub-rule (i) above.
(v) Where the delay caused by notice is likely to entail serious hardship, an application may be
made for an ad interim ex parte order duly supported by an affidavit and the Court, if satisfied
that the delay caused by the notice would entail serious hardship may make an order ex parte
upon such terms as to costs or otherwise and subject to such undertaking, if any, as the Court
may think just and proper.
2. An application under Rule 1 except Civil Writs final or interim orders passed by the Election
Tribunals under the Representation of the People Act (XLIII of 1950) shall be heard and
disposed of by a Single Bench. In case, any simultaneous application has been made in the
Supreme Court, the hearing of the application to the High Court ordinarily be adjourned pending
the decision of the Supreme Court in the matter.
3. The Court may either summarily dismiss the application or order a rule nisi to be issued
against the opponent against whom, it is sought/as it thinks fit. Any rule so granted shall be made
returnable on such day as the Court may direct, but it shall not be made returnable within less
than fourteen days after service thereof on the opponent.
COMMENTS
An order of Division Bench of the High Court in a review application re-admitting the writ petition which had been
originally dismissed in limine is not nullity in the eye of law on account of the order in review having been passed
without notice of the review application to the respondent in the case. Yogesh Chander Bahree v. The Registrar Punjab
University, Chandigarh, (1966) 68 P.LR. 718.
3-A. If the Court grants a rule, the applicant shall file two typed copies of the application, with
copies of enclosures, for the use of the Court. He shall also file additional typed copy or copies,
as the case may be, of the application for being supplied to the opponent(s).
4. If the Court grants a rule, it may make such interim or interlocutory order in the case, either
unconditionally or upon such terms and conditions as the Court thinks just as the nature and
circumstances of the case may require.
5. The rule nisi granted as above shall alongwith a copy of the application and a copy of the
order, if any, made under the last preceding rule, be served on the opponent in the manner
prescribed in Order V of the Civil Procedure Code for the service of summons upon a defendant
in a suit.
6. An answer to the rule nisi or notice showing cause against such application shall be made in
person or through an Advocate by filing an affidavit, engrossed on judicial paper typed in
double-spacing and on one side of the paper only, in the office of the Registrar of by depositing
the same in the petition box of the Court kept outside the room of the Deputy Registrar (Judicial)
between the hours of 10 a.m. and 4 p.m. on any day which is not a Court holiday. The written
statement of the affidavit in reply to the writ petition shall not be received by the Registry and
shall not be deemed to have been filed unless an advance copy of the same has been served on
the counsel for the petitioner and his acknowledgement obtained on the original written
statement on a day at least two days before the returnable date of the rule or notice. In a case
where the petitioner is not represented by counsel, the written statement or affidavit in reply to
the writ petition shall be accompanied by a post office registration receipt showing the despatch
of a copy of the same to the petitioner under a registered acknowledgement due cover at least
two days before the returnable date of the rule or the notice. Written statement or affidavit sent
by a petitioner or respondent to the Registry of the Court by post shall not be entertained by the
Court and it shall be liable to be returned per bearing post. All annexures to writ petitions and
written statements or affidavits shall unless they are original documents, be typed and engrossed
on judicial paper in double spacing on one side of paper only.
COMMENTS
A written statement to a writ petition under Article 226 of the Constitution has to be in the form of an affidavit as
prescribed by Rule 6. Affidavits have to be drawn verified and sworn properly and have to conform to the
requirements of Rule 3(1) of Order 19 C.P.C. Workmen of Oswal Weaving Factory v. Statement of Punjab, AIR 1976
Punjab 532.
7. The Court may in its discretion, at any time before the final order is made on the application,
order the rule nisi to be served on any party to be affected, by any order which the Court may
make in the matter. The provisions contained in the last two preceding rules relating to service of
the rule and filing of an affidavit in reply shall apply to such a case.
8. No further affidavit or affidavits shall be filed by any party except with the leave of the Court.
9. If cause be shown or answer made upon affidavit putting in issue any material question of fact,
the Court may allow oral testimony of witnesses to be taken and for that purpose may adjourn
the hearing of the rule to some other date. In such a case either party may obtain summons to
witnesses, and the procedure in all other respects shall be similar to that followed in original
causes in the High Court.
10. In case of difference of opinion between the Judges composing the Divisional Court, the
point of difference shall be decided in accordance with the procedure referred to in Clause 26 of
the Letters Patent.
COMMENTS
The mandate of law is that in case the Division Court is composed of two Judges and the Judges are equally divided
in opinion as to the decision to be given on any point, they should specifically state the point upon which they differ
and the case should be heard on that point only by a third Judge and the point should be decided according to the
opinion of the majority of Judges. Hearing by third Judge is confined to the specific points stated in the reference and
cannot cover the whole case again. Amar Pal Singh v. Election Commission of India, AIR 1993 Delhi 316.
11. The costs of all applications and orders made under this Chapter shall be in the discretion of
the Court.

Notification of the Delhi High Court No. 17-Judicial/Rules,

Dated the 1st February, 1967
In exercise of the powers conferred by Section 7 of the Delhi High Court Act, 1966, the Hon‟ble
the Chief Justice and Hon‟ble Judges of the Delhi High Court are pleased to make the following
amendment in the Rules and Orders of High Court Volume V:
1. Every petition for the issue of any direction, order or writ in the nature of mandamus,
prohibition, quo warranto or certiorari, mentioned in Article 226 of the Constitution of India,
shall be in writing and shall set out the name and description of the petitioner, the nature of the
relief sought and the grounds on which it is sought, and shall be accompanied by an affidavit
4
verifying the facts relied on, and at least [two typed, photostat or computerised copies] of the
petition and affidavit shall be lodged in the Registry. 5 [The petition shall state whether the
petitioner has moved the Supreme Court or any High Court for similar relief and if so, copies of
the said petition to the Supreme Court/High Court and the order made thereon shall also be
filed].
6
[The writ Petition shall be accompanied by a chronological statement of necessary facts.]
7
[1-A If the respondent in a Civil Writ Petition is either the Union of India, National Capital
Territory of Delhi, Lt. Governor, Delhi Development Authority, Municipal Corporation of Delhi,
New Delhi Municipal Council, Delhi Electric Supply Undertaking, Delhi Transport Corporation,
Nationalised Bank, Public Sector Undertaking, Government Company, Insurance Company or
any other statutory of public authority then the petition and paper books, with one extra copy,
shall be delivered in advance to the nominated counsel (within the meaning of Rule 1-8) and
acknowledgement obtained by the writ-petitioner. The acknowledgement above-mentioned shall
be deemed to be sufficient service in the Civil Writ Petition on the said Department/Authority
above-mentioned. A letter will also be served on the nominated counsel that the matter will be

4. Substituted for words “three copies” vide Notification No. 38/Rules/8425 dated 15-3-2002.
5
. Substituted vide Notification No.226/Rules/DHC dated 12.9.2006.
6. Added vide Notification No. 208/DHC/Rules dated 5-8-1988.
7. Rules 1-A & 1-B inserted vide Notification No. 495/Rules/DHC dated 17-11-1995 (w.e.f. 1-1-1996).
coming up for admission in the next few days. It will be for the party/counsel of the
Department/Authority above-mentioned to take note of the case in the cause list and be present
when the matter or a C.M. therein comes up for admission/hearing. Or else, the Court may set
the said respondent ex parte and pass orders.
1-B. The Government and the authorities referred to in Rule 1-A shall nominate a counsel
authorised to accept and acknowledge delivery of petition, paper books in the writ petitions filed
or likely to be filed against it. A list of such nominated counsel shall be maintained in the
Registry and shall also be given to the Bar Association.]
8
[1-C. In writ petitions arising out of orders passed by statutory authorities e.g. Central Administrative
Tribunal (CAT), Labour Court, Industrial Tribunal, Delhi School Tribunal, Debts Recovery Tribunal
(DRT), Customs, Excise and Gold Control Appellate Tribunal(CEGAT)(now Customs, Excise & Service
Tax Appellate Tribunal),Income Tax Appellate Tribunal(ITAT),Election Tribunal, Board for Industrial &
Financial Reconstruction(BIFR)/Appellate Authority for Industrial & Financial Re-construction(AAIFR),
etc., a caveat will be entertained by the Registry”.

NOTE:-Proforma of the prescribed Caveat form is annexure 'A'

ANNEXURE- 'A'

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL JURISDICTION

CAVEAT NO.____________________ OF 200

In the matter of a writ petition instituted (give the particulars)

or expected to be instituted, by

___________________ ...........Petitioner(s)

Against

8
. Rules 1-C & 1-D added vide notification No.116/Rules/DHC dated 12.2.2004
____________________ ...........Respondent(s)

To

The Registrar General,

Delhi High Court,

New Delhi.

Let no order (here state in detail the precise nature of the order apprehended) be made in the
above matter without notice to the undersigned.

Dated this the_____________day of____________200

Name and address of the

Caveator and his counsel

if any.

Filed on___________

“1-D. As in Letters Patent Appeal (LPA), a litigant filing a writ petition against an order of Central
Administrative Tribunal(CAT),shall file on record all the pleadings and documents that were before
Central Administrative Tribunal(CAT) alongwith a certificate that no document that was not before the
Central Administrative Tribunal(CAT) has been filed with the writ petition.]

9
[2. The petition shall be posted before the Court or preliminary hearing and orders. Upon the
hearing, the Court if satisfied that no case has been made out for its interference may dismiss the
petition and if not so satisfied shall direct a rule nisi to be issued to the respondent calling upon
him to show cause why the order sought should not be made, and shall adjourn the hearing for
the respondent to appear and be heard.]
3. (1) Upon making the order for a rule nisi, Court may, if it thinks fit, grant ex parte such ad
interim relief to the petitioner as the justice of the case may require, upon such terms, if any, as it
may consider just and proper.

9. Rule 2 substituted vide Notification No. 495/Rules DHC dated 17-11-1995 (w.e.f. 1-1-1996).
(2) Notice of every such ex parte order shall be given to the party affected thereby and, unless
the Court has appointed a day for the return of the said notice, or otherwise directs, the Registrar
shall fix a date for the return of the said notice and the application for ad interim relief shall be
posted before the Court for final orders on the returnable date.
4. The rule nisi together with a copy of the petition, the affidavit in support thereof, the other
accompanying documents and of any ad interim order therein together with a copy of the
application on which such order is based shall be served on the respondent not less than 28 days
before the date fixed for the hearing.
10
[Affidavits in opposition shall be filed in the Registry not latter than three months, unless
further extended by the Court, for sufficient cause, from the date of service of notice of the rule
nisi, failing which the case will be listed before the Court for orders for default. Copies of
affidavit in opposition or reply shall be served on the opposite party or parties and the affidavits
shall not be accepted in the Registry unless they contain an endorsement of service signed by
such party or parties. Every party to the proceedings shall supply to any other party on demand
copies of any affidavit filed by him.
The proposed performance will be as Annexures A & B.

ANNEXURE ‘A’

IN THE HIGH COURT OF DELHI AT NEW DELHI

(SHOW CAUSE NOTICE)
Case No. . . . . . . . .
. . . . . . . . . . . .Appellant(s)/Petitioner(s) Vs . . . . . . . . . . . . . . .Respondent(s)
Notice to :
...........................
Whereas the Appellant(s)/Petitioner(s) above named has/have presented an appeal/petition under
Section . . . . . . . . . . (Copy enclosed), notice is hereby given to you to show cause why the
appeals/petition should not be admitted.
Should you wish to urge anything in reply to Show Cause Notice, you are at liberty to do so on . .
. . . . . . . . (actual), the date fixed before the Court, either personally or through an Advocate duly
authorised by you.
Take further notice that C.M. No. . . . . . . . . . . has been admitted to hearing and will be listed
before the Court on the aforesaid date.
Superintendent (Civil . . . . . . . . . . . .)
for Registrar
High Court of Delhi
Name. . . . . . . . . . . . . . . . . . . . . .
Signature. . . . . . . . . . . . . . . . . . .

10. Second para of Rule 4 substituted vide Notification No. 208/DHC/Rules dated 5-8-1988. It also includes
Annexures „A‟ & „B‟.
 Advocate for the. . . . . . . . . . . ..
Appellant(s)/Petitioner(s)
Address. . . . . . . . . . . . . . . . . . . .
Note : This notice should be served on or before the . . . . . . . . . day
of . . . . . . . . . . . . 19 . . . . . .)

ANNEXURE ‘B’

IN THE HIGH COURT OF DELHI AT NEW DELHI

(SHOW CAUSE NOTICE)
Case No. . . . . . . . .
. . . . . . . . . . . .Appellants(s)/Petitioner(s) Vs . . . . . . . . . . . . . . . Respondent(s)
Notice to :
...........................
...........................
Take notice that the above-mentioned Appeal petition (copy whereof is annexed here with) has
been admitted to hearing by this Court‟s order dated . . . . . . . . . day of. . . . . . . . . 19. . . . . . . .
(Farzi) has been fixed for hearing of the appeal/petition and the same will be taken up by the
Court on that day or any subsequent date as may be convenient to the Hon‟ble Court.
If you with the defend to petition, you may cause an appearance to be entered on your behalf,
either personally or through an Advocate, duly appointed by you of the purpose, within 30 days
of the receipt of this Notice. In case you with to defend the petition in person, you should furnish
in this Registry a local address for service of process on you.
Take further notice that C.M. No. . . . . . . . . has been admitted to hearing and will be listed
before the Court on . . . . . . . . . .
Take further notice that if no appearance is made on your behalf the matter will be heard and
decided in your absence. Superintendent
(Civil . . . . . . . . . .)
for Registrar
High Court of Delhi
Name. . . . . . . . . . . . . . . . . . . . . .
Signature. . . . . . . . . . . . . . . . . . .
Advocate for the. . . . . . . . . . . .
Appellant(s)/Petitioner(s)
Address. . . . . . . . . . . . . . . . . . . .
Note: This notice should be served on or before the . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . .
19 . . . . . .)]

5. At the hearing of rule nisi, if the Court is of the opinion that an opportunity be given to the
parties to establish their respective cases by leading further evidence, the Court may take such
evidence or cause such evidence to be taken in such manner as it may deem fit and proper.
6. Where no ad interim relief is granted, the rule nisi and the accompanying documents shall,
ordinarily, be served by the petitioner on the respondent; and upon such service being effected,
the petitioner shall file in the Registry an affidavit of such service. The said affidavit or service
shall be filed at least 10 days before the date appointed for the hearing.
Provided that the Registrar may on the application of the petition direct the process to be served
by the Court.
7. Unless otherwise ordered by the Court, every petition in which a rule nisi is granted shall be
posted before the Court for final hearing and disposal within three months of the grant of the rule
nisi.
Where for any reason, it is not possible to post the petition for final hearing within the period
aforesaid the Registrar shall place matter before the Court for directions.

Part G]

Part G
SPECIAL RULES OF PROCEDURES IN ORIGINAL CIVIL CASES

(a) Evidence
1. Record of examination of parties and evidence of witnesses—When at the first or at any
subsequent hearing of a suit, any party appearing in person or person in Court, or any person able
to answer any material questions relating to the suit by whom party or his pleader is
accompanied, is examined by the Court, the substance of such examination shall be reduced to
writing by the Judge and shall form part of the record the substance of what each witness
deposes shall similarly be reduced to writing by the Judge, and shall form part of the record;
provided that the Judge may, if he thinks proper direct the substance of the examination or the
evidence to be recorded in shorthand by an officer of the Court or other person specially
appointed for the purpose. In the latter case, the transcript of the shorthand shall be corrected and
signed by the Judge and then placed on the record.
2. Conduct of trial where the Judge dies before conclusion or ceases to be attached to the
Court—If the Judge who has recorded evidence or caused it to be recorded in his presence,
under these rules, dies or ceases to be attached to the Court before the conclusion of the suit, the
Judge before whom the suit is continued may, if he thinks fit, deal with the evidence so recorded
as if it had been recorded by himself or in his presence.
(b) Judgments and Orders
3. Oral Judgments—Judgments may be written by the Judge in English or delivered orally, and
in the latter case a note thereto in writing in the English Language, or Shorthand, shall be taken
by an officer of the Court in attendance for the purpose. The note so taken shall be written out or
typed in full by the officer by whom it was taken, and shall be submitted by him to the Judge for
correction. After being corrected by the Judge, where necessary, it shall be filed as the judgment
of the Court.
4. Contents of Judgment—The Judgment shall contain a concise statement of the case, the
points for determination, the decision thereon and the reasons for such decision, when issues
have been framed, the finding or decision of the Court upon each separate issue shall be stated
with the reason therefore, unless the finding upon any one or more of the issues be sufficient for
the decision of the suit.
5. Pronouncement of Judgment—(1) After a case has been heard judgment may be pronounced
either at once or on some future date which shall be notified in the Cause List. No other notice to
the parties shall be necessary.
(2) Where a case is heard by two or more Judges and judgment is reserved, their judgment or
judgments may be pronounced by any one of them. If no such Judge be present such judgment or
judgments may be pronounced by any other Judge.
(3) Where a case is heard by a Judge sitting alone and judgment is reserved, his judgment may,
in his absence, be pronounced by any other Judge.
6. Opinion written before delivery of judgment—When a case has been heard by a Bench of
the Court, the written opinions of the Judges who heard the case, but who have ceased to be
attached to the Court before delivery of judgment, shall, unless delivered by another Judge of the
Bench which heard the case, be deemed to be minutes merely and not judgments.
7. Death of a party before delivery of judgment—When a party to the suit dies after the last
hearing but before delivery of judgment, the Court may order the judgment to bear the date of the
last hearing.
8. Filing Memorandum of appeal in case of oral judgment—A memorandum of appeal in a
case in which judgment has been delivered orally, shall be received and filed without a copy of
the judgment.
9. Note of order passed to be kept—When an order is made in Court or in Chambers a note of
its purport shall be made and signed by the Judge or Judges making the order; and if the order
disposes of petition, the reasons for making it shall be stated.
10. Payment of costs to be condition precedent of permission to withdraw a suit—When a
suit is allowed to be withdrawn with leave to bring a fresh suit, the order shall be drawn up so as
to make the payment of the costs of the first suit a condition precedent to the plaintiff bringing a
fresh suit, unless the Court or the Judge who gave permission shall otherwise direct.
Part GG]

Part GG
RULES OF PROCEDURE IN ELECTION PETITIONS

[Note: This Chapter was inserted by Punjab & Haryana High Court in 1967, so it is not
applicable in Delhi. Please see „Election Rules‟ made by High Court of Delhi under Chapter 7 H
of this Volume].
COMMENTS
Rules made by High Court under Section 129 of C.P.C. regarding Election Petitions in the High Court cannot
abrogate or curtail the mandatory requirement of the proviso to Section 119 of the Representation of People Act 1951,
under which a returned candidate against whom an election costs and the High Court has no discretion in the matter.
Sagar Ram Gupta v. Banarsi Das Gupta, AIR 1974 Punjab 330.
Part H]

Part H
RULES OF PROCEDURE IN APPEALS

(a) Judgments and Orders

1. Oral and Written Judgments—Judgments may be written by the Judge in English or
delivered orally, and in the latter case a note thereof in writing in the English Language or
shorthand, shall be taken by an officer of the Court in attendance for the purpose. The note so
taken shall be written out or typed in full by the officer by whom it was taken, and shall be
submitted by him to the Judge for correction. After being corrected by the Judge, where
necessary, it shall be filed as the Judgment of the Court.
2. Pronouncing Judgment—(1) After a case has been heard judgment may be pronounced
either at once or on some future date which shall be notified in the Cause List. No other notice to
the parties shall be necessary.
(2) Where a case is heard by two or more Judges and Judgment is reserved, their judgment or
judgments may be pronounced by any one of them. If no such Judge be present such judgment or
judgments may be pronounced by any other Judge.
(3) Where a case is heard by a Judge sitting alone and judgment is reserved, his judgment may in
his absence, be pronounced by any other Judge.
3. Opinion recorded before delivery of Judgment—When an appeal has been heard by a
Bench of the Court, the written opinions of the Judges who heard the appeal, but have ceased to
be attached to the Court before delivery of judgment, shall unless delivered by another Judge of
the Bench which heard the appeal, be deemed to be minutes merely and not judgments.
4. Pre-dating of judgment when party dies—When a party to the appeal dies after the last
hearing, but before delivery of judgment, the Court may order the judgment to bear the date of
the last hearing.
5. Reference in case of difference of opinion—When an appeal is heard by a Bench consisting
of two Judges and the Judges composing the Bench differ on point of law and refer the appeal
under Section 98 of the Code of Civil Procedure, the Judges so differing shall each record his
judgment on the appeal, and the appeal shall thereupon be laid before the Chief Justice, who
shall direct to which other Judge or other Judge the appeal shall be referred. Similarly when the
Judges composing a Bench being equally divided in opinion as to the decision on a point, state
that point for reference to another Judge or Judges under Clause 26 of the Letters Patent, the case
shall be heard on that point by one or more Judges to be nominated by the Chief Justice. The
Chief Justice may be such other Judge or one of such other Judges.
(b) Appellate Decrees
6. Decrees in English—The decree of the High Court shall be drawn up in English, and shall
bear the same date as the judgment.
7. (i) Contents of decree—The decree shall contain the number of the appeal, the names and
description of the appellant and respondent, the names of the plaintiff and defendant in the suit,
and the description of the Court from whose decree or order the appeal is preferred, with date of
such decree or order and shall clearly state the relief granted or other determination of the appeal,
in such manner as not to render the reference to other documents necessary, except the decrees of
Courts below, when those decrees are affirmed or varied, but not reversed.
Note—In all important cases the Deputy Registrar, will if this, can be done without undue delay
or inconvenience obtain the signature of counsel of the draft decree.
(ii) Decree to mention cost—The decree shall also state the amount of costs incurred in the
appeal, and by what parties and in what proportions the same, and the costs incurred in the
Courts below, shall be paid.
(iii) Decree in pauper appeals—In pauper appeals the provisions of Order XXXIII; Rule 10 of
the Code of Civil Procedure shall be observed.
The heading of the decree should run—
“Appeal in forma pauperis by...”
In the body should be inserted —
„The following Court-fee costs are recoverable by Government as a first charge upon the subject
matter, under Order XXXIII, Rule 10 of the Code of Civil Procedure.”
8. (i) Objection to draft of decrees—As soon as a decree has been drawn up the Deputy Registrar
shall cause a notice to be exhibited on the notice board, stating that the decree has been drawn
up, and that any party to the decree of any counsel of any party to the decree may within 3 days,
purpose the decree and sign it or file with the Deputy Registrar an objection to the decree on the
ground that there is in the judgment a clerical error or omission or that the decree is not in
accordance with the judgment upon which it is based. Such objection, if any shall state clearly
what is the clerical error or omission alleged or in what respect the decrees is not in accordance
with the judgment, and shall be signed and dated by the party or by the Advocate filing it.
(ii) Objection to be laid before a Judge—Should any such objection, as is mentioned in clause
(i), be filed on or before the date specified in the notice, the Deputy Registrar shall, on notice to
all the parties, put up the appeal or case together with the judgment therein, the draft and the
decree and the objection, for orders before the Judge or Judges, or one of them, who delivered
the judgment, or if such Judge or Judges has or have ceased to be a Judge or Judges of the Court
or be absent on leave or furlough, then before such Judge or Judges as the Chief Justice shall
appoint for that purpose.
(iii) Cases in which decree may be signed by the Registrar—Should no such objection, as is
mentioned in clause (i), filed on or before the date specified in the notice, the Deputy Registrar
or such other officer as may be in charge of the Judicial Department for the time being having
first dated the decree as of the day when the judgment upon which the decree is founded was
delivered, shall sign the decree and seal it with the seal of the Court.
(iv) Above procedure to apply to other final orders—The above procedure shall also be observed
in respect of final orders in all miscellaneous, revision or other cases.
Note—No alteration of the decree or order—Under no circumstances shall any decree or order
passed or made by a Judge or Judges be altered, varied or departed from in any particular in the
office, except under an order, in writing, of the Judge or Judges who passed or made such decree
or order or except under an order made on appeal from such decree or order or except under an
order made in review.
9. Decree under Order XLI, Rule 11—No decree shall be drawn up in cases in which the
decision of the lower Court is confirmed under Order XLI, Rule 11 of the Code of Civil
Procedure.
10. (i) Procedure for notice of parties when draft to be settled in their presence—When the draft
of any decree or order has been ordered to be settled in the presence of the parties, or when none
of the Judges who concurred in the judgment; continues attached to the Court and the Deputy
Registrar thinks it necessary that it should be so settled, the Deputy Registrar shall, by notice in
writing, which shall be accompanied by copies of the draft prepared for approval, appoint a time
for setting the same, and the parties or their counsel must attend such appointment and produce
before the Deputy Registrar such documents as may be necessary to enable him to settle the
draft. The notice will be sent from the Deputy Registrar‟s office to counsel, if any, of the parties
with a receipt book, in which shall be obtained the signature of the person with whom the notice
is left.
(ii) Mode of service of notice—The notice shall be served on the parties who have appeared in
person by the party, who has the carriage of the decree or order. When so served, the original
notice, with a memorandum endorsed thereon of the service of a copy thereof signed by the party
by whom such service was made, must be delivered to the Deputy Registrar who may, if no
satisfied that service has been duly made, require, such service to be verified by affidavit.
11. Settlement of Draft in case parties fail to act—If any party fails to attend the Deputy
Registrar‟s appointment for settling the draft of a decree or order or fails to produce any
documents called for by the Deputy Registrar, the Deputy Registrar may proceed to settle such
draft in his absence, or without the production of the documents aforesaid, or may mention the
matter to the Court.
12. Adjournment of settlement of draft—The Deputy Registrar may adjourn any appointment
for settling the draft of any decree or order to such time as he may think fit, and the parties who
attend the appointment shall be bound to attend the adjourned appointment without further
notice.
13. Right of party dissatisfied with Registrar’s settlement—If any party is dissatisfied with
any decree or order as settled by the Deputy Registrar and intends to mention the matter to the
Court the Deputy Registrar if informed of such intention shall not proceed to complete the decree
without allowing such party sufficient time to apply to the Court. The application must be made
by motion, or notice to the parties who appeared at the hearing.
14. Variation of draft settled by the Registrar—When a variation is made by the Court in a
draft settled by the Deputy Registrar, such variation shall be embodied in the decree or order, and
except when the costs of the application are ordered to be paid, no fresh order need be drawn up.