HCROMP 16Chapter IV · Court Hours and Presentation of Appeals and Applications

Section 16 · Section 16

(1)

The following petitions shall be accompanied by an affidavit made by the petitioner or his counsel,-

(i)

for review made upon the ground of the discovery of new and important evidence;

(ii)

for stay of execution;

(iii)

for vacating an order staying execution;

(iv)

for security under Order XLI, Rules 6 and 10 of the Code of Civil Procedure;

(v)

for re-admission or restoration of an appeal or application dismissed for default of appearance or for non-payment of process fee or paper-book costs.

(vi)

for action for contempt of Court;

(vii)

containing a complaint against a legal practitioner under the Legal Practitioners Act (XVIII of 1879) or the Bar Councils Act (XXXVIII of 1926);

(viii)

for substitution of parties;

(ix)

for the appointment or discharge of guardians ad litem or next friends;

(x)

for amendment of a memorandum of appeal or application for review or revision on a minor party attaining a majority;

(xi)

for amendment of memorandum of appeal consequent on the death of a party including a party whose heirs are already on record;

(xii)

for transfer of any civil criminal case.

(xiii)

for action under Section 87 of the Code of Criminal Procedure.

(2)

Nothing in sub-rule (1) of this rule shall be deemed to limit the right of any Judge to call for an affidavit in any other matter in respect of which he has power to exercise any discretion or make any order.

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