LAHORE HIGH COURT RULES VOLUME-V (Part-I)
(Shah Nawaz Bokhari, Rawalpindi)
Lahore High Court Rules Volume-V
Volume-V of Lahore High Court Rules has defined the general procedure of cases and how submits to the High Court and its benches. Volume-V is also adhering to Islamabad High Court. However, Islamabad High Court has made rules for judicial business nevertheless these rules have repealed in 2011. All the benches of Lahore High Courts including Islamabad High Court are bound to adhere to and be implemented accordingly. Volume-V is consisting of several chapters, however, chapter one elaborates on judicial business. Chapter-I is further divided into five categories to elaborate on judicial business. The head of the branch is the Deputy Registrar (judicial) who holds ultimate control of all the affairs of the court. However, the Assistant Registrar (writ) is available to verify lacuna of plaints, etc. In this regard, the institution branch has received refreshed files. The Writ section directly deals with Court notices to all respondents who have engaged with plaints. All petitioners/appellants are bound to submit a notice fee to the concerned clerk. It is pertinent to mention here that all the notices fees are different as per the residential address of the respondents.
All types of revisions, appeals, petitions, or regular first appeals shall entertain as per procedure laid down in this volume. The maximum period of appeal is thirty days after the decision of the lower court. If we talk about the filing of writ petitions we should adhere to LHC rules. Nevertheless, the file box is available in each High Court to drop the original file along with (03) sets of copies, etc. Timing is most important for the submission of filing in High Courts. Normally, the institution branch are receiving files from 9 Am to 11:30 Am. Nevertheless, objections in files may receive 2:45 pm each day. In case of weekends or holidays, the next day is presumed for the last day for submission of Review applications or appeal or condone day or days as per sufficient cause proved by Court or according to laws providing to parties. If the court presumed that it is sufficient reason behind it then delay may be condoned and the case fixed for hearing.
Fresh writs need to enclose all relevant papers including the last proceeding of the case concerned. Henceforth, the appeal against the decision of the lower judiciary shall follow certified copies last judgment along with petitions/applications. It is mandatory to enclose the National Identity Card of the appellant. In case of fresh application or appeal shall enclose affidavit and exemption certificate if required as per nature of each case. If any additional documents if attached then provide relevant rules of law and application for exemption along with the affidavit. Each separate application shall enclose with the affidavit. In review judgments, the appeal shall not call notice to respondents but discretion of the Courts. If the appellant has the right to appeal then revision shall not entertain. However, it is a prima facie case that shall observe by Courts and finds facts and circumstances to determine the crux of petitions.
The procedure for a Pauper suit is defined in the High Court Rules volume-V to more elaborate conditions of pauper suits. All assets should disclose by the pauper person who has applied as a pauper. Nevertheless, it is the discretion of the court to allow or reject his suit as a pauper.