THE HIGH COURT OF MADHYA PRADESH

RULES, 2008
(As amended up to 07.06.2024)
Preface THE HIGH COURT OF MADHYA PRADESH RULES, 2008 2

THE HIGH COURT OF MADHYA PRADESH RULES, 2008

(As amended up to 07.06.2024)

PREFACE
(I) In exercise of the powers conferred by sub-section (1) of section 51 of
the States Reorganization Act, 1956, the President of India issued order dated
27th October, 1956*, appointing Jabalpur to be the Principal Seat of the High
Court of Madhya Pradesh.

*MINISTRY OF HOME AFFAIRS

NOTIFICATION
New Delhi-2, the 27th October, 1956
S.R.O. 2514. – In exercise of the powers conferred by sub-section (1) of
section 51 of the States Reorganisation Act, 1956 (37 of 1956), the President
hereby directs that the principal seat of the High Courts for the new States
mentioned below shall be at the place mentioned against each State.

New State Principal Seat of the High Court

Bombay Bombay
Madhya Pradesh Jabbalpur
Punjab Chandigarh
Kerala Ernakulam
Mysore Bangalore
Rajasthan Jodhpur
(II) Establishment of the Temporary Benches - In exercise of the
powers conferred by sub-section (3) of section 51 of the States Reorganisation
Act, 1956 and with approval of the Governor of Madhya Pradesh, the Chief
Justice issued order dated 1st of November, 1956** establishing temporary
Benches of the High Court at Indore and Gwalior.

** HIGH COURT OF MADHYA PRADESH

NOTIFICATION
Jabalpur, the 1st November, 1956
No. I/56 – In exercise of the powers conferred by sub-section (3) of
section 51 of the States Reorganisation Act, 1956, (No. 37 of 1956) and with
the approval of the G overnor of Madhya Pradesh, the Honourable the Chief
Justice of the Madhya Pradesh High Court is pleased to direct that temporary
Benches of the High Court of Madhya Pradesh will also sit temporarily at
Indore and Gwalior, until further orders.
R.G. Trivedi
Registrar,
High Court of Madhya Pradesh
4 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Preface

(III) Territorial Jurisdiction of the Judges in the Principal Seat -

The Judges sitting in the Principal Seat at Jabalpur shall exercise the
jurisdiction and power for the time being vested in the High Court, in respect
of cases arising in all revenue districts of the State of Madhya Pradesh, except
those excluded by two Presidential orders dated 28th of November 1968.
(IV) Territorial Jurisdiction of the Judges in the Benches - In
exercise of the powers conferred by sub-section (2) of section 51 of the States
Reorganization Act, 1956 (37 of 1956), the President of India, by orders***
dated 28th of November, 1968 and 23rd of June 1971-
(1) has established permanent Benches of the High Court at
Indore and Gwalior;
(2) has directed that such Judges of the High Court, being not
less than two in number as the Chief Justice may from time to
time nominate, shall sit at each of the aforesaid two places;
(3) has further directed that such Judges sitting at -
(a) Indore, shall exercise the jurisdiction and power for
the time being vested in the High Court, in respect of
cases arising in revenue districts of Indore, Ujjain,
Dewas, Dhar, Jhabua, Ratlam, Mandsaur, West Nimar
(Khargone), Shajapur and Rajgarh;
(b) Gwalior, shall exercise the jurisdiction and power for
the time being vested in the High Court, in respect of
cases arising in revenue districts of Gwalior, Shivpuri,
Datia, Guna, Vidisha (Bhilsa), Bhind and Morena;
(4) has invested the Chief Justice with the power to order that
any case or class of cases arising in any such district shall be
heard at Jabalpur or at Indore or Gwalior as the case may be.
Preface THE HIGH COURT OF MADHYA PRADESH RULES, 2008 5

***Government of India Ministry of Home Affairs

New Delhi, the 28th November, 1968.
NOTIFICATION
The following Order made by the President is published for general
information:
ORDER
In exercise of the powers conferred by sub-s. (2) of S. 51 of the States
Reorganisation Act, 1956 (37 of 1956), I, Zakir Hussain, President of India,
after consultation with the Governor of Madhya Pradesh and the Chief
Justice of the High Court of Madhya Pradesh, hereby establish a permanent
Bench of the Madhya Pradesh High Court at Gwalior and further direct that
such Judges being not less than two in number, as the Chief Justice may from
time to time nominate, shall sit at Gwalior in order to exercise the jurisdiction
and power for the time being vested in that High Court in respect of cases
arising in the revenue districts of Gwaliar, Shivpuri, Datia, Guna, Vidisha
(Bhilsa), Bhind and Morena:
Provided that the Chief Justice may, for special reasons, order that any
case or class of cases arising in any such district shall be heard at Jabalpur.

New Delhi, Zakir Hussain

November 18, 1968.
President.

****
6 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Preface

NO.11/3/71-Judl. (B)
Government of India
Ministry of Law and Justice
(Deptt. of Justice)
New Delhi-1, the 23rd June, 1971, Asad, 1893.
NOTIFICATION
The following order made by the President is published for general
information:-
ORDER
In exercise of the powers conferred by Sub-section (2) of Section 51 of
the States Reorganization Act, 1956 (37 of 1956), I, Varahagiri Venkata Giri,
President of India, after consultation with the Governor of Madhya Pradesh and
the Chief Justice of the High Court of Madhya Pradesh hereby direct that the
following amendment shall be made in the Order dated 18th November, 1968,
published with the notification of the Government of India in the Ministry of
Home Affairs No.G.S.R.2098, dated the 28th November, 1968, (and which was
republished in the Gazette of India dated the 7th December, 1968) as
G.S.R.2129, namely:-
In the said order, for the existing proviso, the following proviso shall
be substituted, namely:-
―Provided that the Chief Justice may order that any case or class of
cases arising in any such district shall be heard either at Jabalpur or at
Gwalior.‖

New Delhi Sd/-

June 13, 1971 V.V.Giri,
Jyaistha 23, 1893. President

****
Preface THE HIGH COURT OF MADHYA PRADESH RULES, 2008 7

Government of India Ministry of Home Affairs

New Delhi, the 28th November, 1968.
NOTIFICATION
The following Order made by the President is published for general
information.
ORDER.
In exercise of the powers conferred by sub-s. (2) of S. 51 of the States
Reorganisation Act, 1956 (37 of 1956), I, Zakir Hussain, President of India, after
consultation with the Governor of Madhya Pradesh and the Chief Justice of the
High Court of Madhya Pradesh, here by establish a permanent Bench of the
Madhya Pradesh High Court at Indore and further direct that such Judges
of the High Court of Madhya Pradesh, being not less than four in number, as
the Chief Justice may from time to time nominate, shall sit at Indore in order to
exercise the jurisdiction and power for the time being vested in that High
Court in respect of cases arising in the revenue districts of Indore, Ujjain,
Dewas, Dhar, Jhabua, Ratlam, Mandsaur, West Nimar (Khargone), Shajapur
and Rajgarh:
Provided that the Chief Justice may, for special reasons, order that any
case or class of cases arising in any such district shall be heard at Jabalpur.

New Delhi Zakir Hussain

November 18, 1968.
President

****
8 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Preface

NO.11/3/71-Judl. (B)
Government of India
Ministry of Law and Justice
(Deptt. of Justice)
New Delhi-1, the 23rd June, 1971, Asad, 1893.
NOTIFICATION
The following order made by the President is published for general
information:-
ORDER
In exercise of the powers conferred by Sub-section (2) of Section 51 of
the States Reorganization Act, 1956 (37 of 1956), I, Varahagiri Venkata Giri,
President of India, after consultation with the Governor of Madhya Pradesh and
the Chief Justice of the High Court of Madhya Pradesh hereby direct that the
following amendment shall be made in the Order dated 18th November, 1968,
published with the notification of the Government of India in the Ministry of
Home Affairs No.G.S.R.2099, dated the 28th November, 1968, (and which was
republished in the Gazette of India dated the 7th December, 1968 as
G.S.R.2130), namely:-
In the said order, for the existing proviso, the following proviso shall
be substituted, namely:-
―Provided that the Chief Justice may order that any case or class of
cases arising in any such district shall be heard either at Jabalpur or at
Indore.‖

New Delhi, Sd/-

June 13, 1971 V.V.Giri,
Jyaistha 23, 1893. President

. ****
Preface THE HIGH COURT OF MADHYA PRADESH RULES, 2008 9

(V) Vires Matters to be Heard in the Principal Seat - In exercise of

the powers conferred by the Presidential order, the Chief Justice by orders****
dated 3-2-1976, has directed that -
(1) except those cases for which he may order otherwise, all
petitions under Article 226/227 of the Constitution of India,
challenging the vires of any Act or statute, or any order or rule
or regulation made under any Act or statute or
(2) all individual cases which he may thereafter order
- arising from the revenue districts falling under the territorial
jurisdiction of the Benches at Indore and Gwalior, shall be heard
in the Principal Seat at Jabalpur.

**** In exercise of the powers conferred on me by the proviso to the

Notification No. 16/20/68-Judl. III, dated November 28, 1968 issued by the
President under S. 51(2) of the States Reorganization Act, 1956 (No. 37 of 1956)
establishing a permanent Bench of the Madhya Pradesh High Court at Gwalior;
and in supersession of all previous orders so far issued in exercise of the
powers under the aforesaid proviso,
I hereby order that with effect from February 5, 1976 till further orders
only the following cases arising from the revenue districts of Gwalior,
Shivpuri, Datia, Guna, Vidisha (Bhelsa), Bhind and Morena, except those
cases for which I may otherwise order, shall be heard at Jabalpur:
(1) All petitions under Arts. 226/227 of the Constitution .challenging
the vires of any Act or statute or any order or rule or regulation
made under any Act or statute,
(2) All individual cases which I may hereafter order to be heard at
Jabalpur.‖

(Shiv Dayal)
Chief Justice
5-2-1976
****
In exercise of the powers conferred on me by the proviso to the
Notification No. 16/20/68-Judl. III, dated November 28, 1968 issued by the
President under S. 51(2) of the States Reorganization Act, 1956 (No. 37 of
1956) establishing a permanent Bench of the Madhya Pradesh High Court at
Indore;
10 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Preface

And in supersession of all previous orders so far issued in exercise of

the powers under the aforesaid proviso,
I hereby order that with effect from February 5, 1976 till further orders
only the following cases arising from the revenue districts of Indore, Ujjain,
Dewas, Dhar, Jhabua, Ratlam, Mandsaur, West Nimar (Khargone), Shajapur
and Rajgarh, except those cases for which I may otherwise order, shall be
heard at Jabalpur:
(1) All petitions under Arts. 226/227 of the Constitution .challenging
the vires of any Act or statute or any order or rule or regulation
made under any Act or statute,
(2) All individual cases which I may hereafter order to be heard at
Jabalpur.

(Shiv Dayal)
Chief Justice

****
Preface THE HIGH COURT OF MADHYA PRADESH RULES, 2008 11

(VI) Cases Instituted by or against Judges etc.- In exercise of

powers conferred by the Presidential order, the Chief Justice by order*****
dated 3-8- 2005, has directed that all cases -
(1) instituted by or against any Judge of the High Court of Madhya
Pradesh or against Registrar General, Registrar, Additional
Registrar, Deputy Registrar of this Court, relating to any
matter;
(2) relating to selection or appointment of a Judicial Officer,
(3) instituted by or against a Judicial officer or Ex-Judicial Officer
of Madhya Pradesh relating to his or her service.
(4) instituted by or against an employee of High Court or District
Court relating to his service
- shall be heard in the Principal Seat of the High Court at
Jabalpur.
***** HIGH COURT OF MADHYA PRADESH JABALPUR
ORDER
In supersession of orders of my predecessor dated 25-4-1981 (Endt.
No. 1-8-4/56 Pt. VII) and dated 5-8-1993 (Endt. No. I-8-4/56 Pt. VII) and in
accordance with order of my predecessor dated 3-2-1976 issued under proviso
to the Notification No. 16-20/68-Judl-III, dated November 28, 1968, issued by
the President under Section 51(2) of the States Reorganisation Act, 1956 (36
of 1956) I hereby order that –
1. all cases instituted by or against any High Court Judge of
Madhya Pradesh or against Registrar General, Registrar,
Additional Registrar, Deputy Registrar of this Court, relating to
any matter,
2. all cases relating to selection or appointment of a Judicial
Officer,
3. all cases instituted by or against a Judicial Officer or Ex Judicial
Officer of Madhya Pradesh relating to his or her service,
4. all cases instituted by or against an employee of High Court or
District Court relating to his or her service,
- shall be heard in the Principal Seat at Jabalpur.
This order shall also apply to pending cases.
R.V. RAVEENDRAN
CHIEF JUSTICE
3-8-2005
****
12 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Preface

*[ORDER
No. C-1650-1-8-4-1956-Part-X.- In supersession of orders of my
predecessor dated 25th April 1981 (Endt. No. 1-8-4-56-Pt. VII), dated 5th
August 1993 (Endt. No. 1-8-4-56- Pt. VII) and dated 3rd August 2005 and in
accordance with order of my predecessor dated 3rd February 1976 issued under
proviso to the Notification No. 16-20-68-Judl.-III, dated November 28, 1968,
issued by the President under Section 51(2) of the States Reorganisation Act,
1956 (36 of 1956) I hereby order that-
1. all cases instituted by or against any sitting or former High Court
Judge of Madhya Pradesh or against Registrar General,
Registrar, Additional Registrar, Deputy Registrar of this Court,
relating to any matter,
2. all cases relating to selection or appointment of a Judicial
Officer,
3. all cases instituted by or against a Judicial Officer or Ex Judicial
Officer of Madhya Pradesh relating to his or her service,
4. all cases instituted by or against an employee of High Court or
District Court relating to his or her service,
shall be heard in the Principal Seat at Jabalpur.

This order shall also apply to pending cases.

Sd/-
HEMANT GUPTA
CHIEF JUSTICE,
4-4-2018.]

* - Published in M.P. Gaz, Part I dated 04.05.2018, Page No. 2991.

Preface THE HIGH COURT OF MADHYA PRADESH RULES, 2008 13

(VII) Constitution of Green Benches - Pursuant to the order dated 26-7-

1996 passed by the Supreme Court in Writ Petition (Civil) No. 330/95, the
Chief Justice by orders dated 12-8-96 and 1-3-2006******, has directed that
the matters relating to environmental pollution arising from the revenue
districts falling under the territorial jurisdiction of the Principal Seat and the
Benches shall be heard and disposed of by the respective division benches
hearing Public Interest Litigation as per roster, in the Principal Seat at
Jabalpur and Benches at Indore and Gwalior.
Such benches shall be called the ―Green benches‖.

****** In partial modification of the Order dated 12-8-1996, relating to

constitution of ―Green Bench‖, it is directed that Division Bench hearing PIL
in the Benches at Indore and Gwalior shall henceforth be Green Bench for the
matters related to environmental pollution, arising out of its territorial
jurisdiction.
The cases pending on the date of this order, before the Green Bench at
Jabalpur, arising out the territorial jurisdiction of Benches at Indore or Gwalior
shall stand transferred to respective Benches.
(A.K. Patnaik)
CHIEF JUSTICE
1-3-2006

****
14 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Preface

PREAMBLE
In exercise of powers conferred by 1[Article] 225 of the Constitution of
India, section 54 of the States Reorganisation Act, 1956, clauses 27 and 28 of the
Letters Patent, section 3 of the Madhya Pradesh Uchcha Nyayalaya (Khandpeeth
Ko Appeal) Adhiniyam, 2005, the High Court of Madhya Pradesh hereby
makes the following Rules, regulating practice and procedure of the High
Court:
CHAPTER I

PRELIMINARY
1. Nomenclature - These Rules may be called the High Court of
Madhya Pradesh Rules, 2008.
2. Application - These Rules shall come into force on such date as the
Chief Justice may, by notification in the Official Gazette, appoint and different
dates may be appointed for enforcement of different rules.
3. Seal of the High Court - The High Court may use, as occasion may
arise, a seal bearing a device and impression of the Asoka Capital within an
exergue or label surrounding the same, with the following inscriptions at
convenient places, namely, ―The High Court of Madhya Pradesh‖ and
―Satyameva Jayate‖ in Devanagari script.
4. Definitions – In these Rules, unless there is anything repugnant in the
subject or context –
(1) “Assigned Case” means a case assigned by the Chief Justice
to a particular Judge, a bench or a bench headed by a particular
Judge.
(2) “Civil Case” means a case except a criminal case.
(3) “Criminal Case” means a case enumerated in rule 1 (4) of chapter II
of these Rules.
2
[ (3a) “The Electronic Filing System (EFS)” means electronic
platform through CMIS Software of the High Court/web
portal of the High Court (www.mphc.gov.in) for filing of main
case, interlocutory application, any other document in main
case filed through e-filing system.]
1. Substituted by Notification Published in M.P. Gazette, Part 4(Ga), dt. 28.06.2019,
Page No. 745.
2. Added by Notification Published in M.P. Gazette, Part 4(Ga), dt. 19.06.2020, Page
No. 777.
Ch.1. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 15

(4) “Full Bench” means a bench comprising three or more

Judges as may be nominated by the Chief Justice.
(5) “Held up Case” means a main case in which proceedings in the
lower Court or Tribunal are held up either because –
(a) a stay has been granted, or
(b) the record of lower Court or Tribunal has been
requisitioned
- by the High Court.
(6) “High Court” means the High Court of Madhya Pradesh.
(7) “Interlocutory Application” means an application filed in a
pending 2[or disposed] main case, praying for relief, interim or
otherwise from the Court or the Registrar, except an
application made on administrative side to the Chief Justice
or the Registrar.
(8) “Main Case” means a case classified in chapter II of these
rules.
(9) “Memorandum of Appeal” shall include a petition of appeal
in a criminal matter.
(10) “Mention Memo” means a written request made to the
Court for out of turn listing or early hearing of a main case for an
interim relief on the ground of urgency.
(11) “Not Reached or Left Over Case” means a case which could
not be or was not, for whatever reason, taken up for hearing
on the day of listing.
3 1
(12) { [“Part-heard case” means a case which is marked ―part-
heard‖ by the Court.]}
(13) “Peremptory Order” means a judicial order passed by the
Court directing any of the parties to take a step or perform an act
specified in the order, in the prosecution or defence of the case,
within the period stipulated therein, ordaining that in the event of
failure to comply therewith, a specified consequence shall follow
without further reference to the Court.
1. Substituted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 29.05.2009, page 354,
w.e.f. 15.06.2009
2. Inserted by Notification published in M.P. Gaz. (Ext.), dt. 29.07.2022, page 861, w.e.f.
D.O.P.
3. Substituted by Notification published in M.P. Gaz. (Ext.), dt. 29.07.2022, page 861, w.e.f.
D.O.P.
16 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.1. R.4

(14) “Prescribed” means prescribed under these Rules or by

circulars or administrative orders, issued from time to time by
the Chief Justice.
(15) “Public Interest Litigation” connotes litigation undertaken for
the purpose of redressing public injury or grievance, enforcing
public duty or vindicating public interest but shall not include a
matter involving individual, personal or private grievances.
(16) “Recognized Courier Service” means a courier service
approved by the Chief Justice by a general or special order.
1 1
(17) [“Principal Registrar”] means the [Principal Registrar
1
(Judicial)] in the Principal Seat of the High Court and [Principal
Registrar] in the Benches and includes the Additional Registrar
or any other officer who is a member of Higher Judicial Service
of the State, with respect to such powers, functions and duties of
1
the [Principal Registrar] as may be assigned to him by the
Chief Justice.
(18) “Regular Bench” means the bench hearing particular class of
cases as per current roster.
(19) “Regular Public Interest Litigation” means a writ petition
purported to have been filed in public interest, following relevant
provisions of law and rules, in the presentation centre of the
High Court.
(20) “Roster” means a notification issued by or under the orders of
the Chief Justice, assigning particular class(es) of cases to
Judges of the High Court for a specified or unspecified period.
(21) “Taxing Judge” means a Judge of the High Court, appointed
under section 5 of the Court Fees Act, 1870, by the Chief
Justice.
(22) “Taxing Officer” means a Registrar, declared as Taxing
Officer by the Chief Justice under Section 5 of the Court Fees
Act, 1870.
(23) “Tied-up Matter” means a matter, which, by virtue of any law,
rule, order or judgment, is required to be heard by a particular
Judge or bench and includes –
(1) an assigned case;
(2) a part heard case;
1. Words ‗Principal Registrar‘ and ‗Principal Registrar (Judicial), substituted by Notification
published in M.P.Gaz. Part 4(Ga) dt. 30.12.2016, Page 1164.
Ch.1. R.4 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 17

(3) repeat application for bail or suspension of sentence;

(4) an application for cancellation of bail or suspension of
sentence granted by the High Court;
(5) an application for grant of leave to appeal to Supreme
Court;
(6) an application under section 340 of the Code of Criminal
Procedure,1973;
(7) an application for review of a final order or judgment;
but shall not include an application for stay/interim
relief, review/recall of an interlocutory order or for
vacation/ modification of stay/interim relief.

****
18 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.2.R.1

CHAPTER II
CLASSIFICATION OF CASES

1. Cases shall ordinarily be classified and abbreviated as follows -

(1) Arbitration
(a) Arbitration Appeal ........................................ AA
(b) Arbitration Case ............................................. AC
(c) Arbitration Revision ........................................ AR
(2) Civil
(a) Civil Revision ................................................ CR
(b) Contempt Appeal ........................................... CONA
(c) Contempt Petition Civil ................................... CONC
(d) First Appeal .................................................. FA
1
[Note: (1) (a) A First appeal registered under chapter-II Rule 8 sub-
rule(1), (2) shall be characterized by letter ―Reg.‖
within brackets, placed after the abbreviate FA. e.g.
FA (Reg.) No. ……… of ……….
(b) A First appeal registered under chapter II Rule 8 sub-
rule (3), (4), (5), (7) and (10) shall be characterized by
letter ―Mat.‖ within brackets, placed after the
abbreviate FA. e.g. FA (Mat.) No. ……… of ………
(c) All other first appeal registered under chapter II Rule 8
shall be characterized by letter ―Misc.‖ within
brackets, placed after the abbreviate FA. e.g. FA
(Misc.) No. …….. of ………]
(e) Miscellaneous Appeal................................................. MA
(f) Miscellaneous Civil Case ....................................... MCC
(g) Review Petition ....................................................... RP
(h) Second Appeal ……………………………………..SA
(3) Company
(a) Company Appeal........................................................ COMA
(b) Company Petition .................................................... COMP
(c) Miscellaneous Company Appeal ............................ MCOMA
1. Added by Notification Published in M.P. Gaz., Part 4(Ga), dt. 03.03.2023, Page 252.
Ch.2.R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 19

(4) Criminal
(a) Criminal Appeal …………………………………... CRA
(b) Criminal Reference ................................................. CRRF
(c) Criminal Reference (Capital Punishment) ................. CRRFC
(d) Criminal Revision ................................................... CRR
(e) Contempt Petition (Criminal) .................................. CONCR
(f) Miscellaneous Criminal Case .................................. MCRC
(5) Election
(a) Election Petition ....................................................... EP
(6) Taxation
(a) Central Excise Appeal .............................................. CEA
(b) Foreign Exchange Management Appeal ................. FEMA
(c) Income Tax Appeal .................................................. ITA
(d) Tax Reference ........................................................... TR
(e) Value Added Tax Appeal ......................................... VATA
(f) Wealth Tax Appeal .................................................. WTA
1
[ (g) Other Tax Appeals …………………………………. OTA]
(7) Writ Cases
(a) Writ Appeal ............................................................... WA
(b) Writ Petition ............................................................ WP
2
[ (c) Miscellaneous Petition (Civil) ………………….. .. MP (Civil)
(d) Miscellaneous Petition (Criminal) ………………… MP (Cri.)]
Note- (1) (a) A writ petition pertaining to a service matter shall be
characterized by letter ‗S‘ within brackets, placed after the year
of institution. e.g. W.P. No. …….. of 2008 (S)
2
[(b) A writ petition pertaining to a criminal matter shall be
characterized by letters ― Cri.‖ within brackets, placed after
the letters ―W.P.‖ e.g. W.P. (Cri.) No. ….. of 2008. ]
1. Inserted by Notification published in M.P. Gaz. Part 4(Ga), dt. 29.05.2009, page 354, w.e.f.
15.06.2009
2. Added and Substituted by Notification Published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023,
Page 252, w.e.f. DOP.
20 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.2.R.1
1
[(ba) A writ petition in the nature of habeas corpus shall be
characterized by letters ―H.C.‖ within brackets, placed after the
year of institution e.g. W.P. No of 2022 (H.C.).]
(c) A writ petition challenging an interlocutory / interim orders
passed by a Court or tribunal subordinate to the High Court,
shall be characterized by letter ‗I‘ within brackets, placed after
the year of institution. e.g. W.P. No. ….. of 2008 (I)
(d) A writ petition by way of public interest litigation, shall be
characterized by letters ‗PIL‘ within brackets, placed after the
year of institution. e.g. W.P. No. …….. of 2008 (PIL)
(2) All other writ petitions shall be registered in following manner:
―W.P. No. ………. of 2008‖.
(3) In all writ petitions to be heard by division bench, characters DB
shall be written in brackets wherever institution number is mentioned
in the record. e.g. W.P. No…………. of 2008 (PIL)(DB):
Provided that the Chief Justice may, by an order, add any class
to or delete any class from the above classification.
2. Arbitration Appeal - Ordinarily, following appeals shall be
registered as an Arbitration Appeal-
(1) An appeal under section 39 of the Arbitration Act, 1940;
(2) An appeal under section 2[37(1)], 50 or 59 of the Arbitration and
Conciliation Act, 1996.
3. Arbitration Case - An application under section 11 of the
Arbitration and Conciliation Act, 1996, shall be registered as an
Arbitration Case.
4. Arbitration Revision - A revision under section 19 of the Madhya
Pradesh Madhyastham Adhikaran Adhiniyam, 1983, shall be registered
as an Arbitration Revision.
5. Civil Revision - Ordinarily following categories of cases shall be
registered as a Civil Revision-
(1) revision under section 23-E of the M.P. Accommodation Control
Act, 1961;
(2) revision under section 115 of the Code of Civil Procedure,
1908;
(3) revision under section 392 or 441-F of the M.P. Municipal
Corporation Act, 1956;
1. Added by Notification published in M.P. Gaz. (Ext.) dt. 29.07.2022, page 861, w.e.f. D.O.P.
2. Substituted by Notification Published in M.P. Gazette, Part 4 (Ga), dt. 31.12.2021, Page 1470
Ch.2.R.2 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 21

(4) revision under section 26 of the M.P. Municipalities Act, 1961;

(5) revision under section 75 of the Provincial Insolvency Act,
1920;
(6) revision under 1[section] 25 of the Provincial Small Cause
Courts Act, 1887;
(7) revision under section 83 (9) of the Wakf Act, 1995; or
(8) any other revision of civil nature, provided or permissible under
any other law for the time being in force.
2
[(9) a revision under section 53 of the Juvenile Justice (Care and
Protection of Children) Act, 2000 relating to civil matters.
(10) a revision under section 102 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 relating to civil matters.]
6. Contempt Appeal - An appeal under section 19 of the Contempt of
Courts Act, 1971 shall be registered as a Contempt Appeal.
7. Contempt Petition (Civil) - A petition under article 215 of the
Constitution of India and/or Section 12 of the Contempt of Courts Act,
1971, shall be registered as a Contempt Petition (Civil).
8. First Appeal - Ordinarily following Civil Appeals shall be registered
as a First Appeal -
(1) an appeal under section 96 of the Code of Civil Procedure,
1908;
(2) an appeal under order XXI rule 58 (4) or 103 of the Code of
Civil Procedure, 1908;
(3) an appeal under section 55 of the Indian Divorce Act, 1869;
(4) an appeal under section 19 of the Family Courts Act, 1984;
(5) an appeal under section 28 of the Hindu Marriage Act, 1955;
(6) an appeal under section 54 of the Land Acquisition Act, 1894;
(7) an appeal under section 47 of the Parsi Marriage and Divorce
Act, 1936;
(8) an appeal under section 27 (3) of the M.P. Public Trust Act,
1951;
(9) an appeal under section 75 of the Provincial Insolvency Act,
1920;
(10) an appeal under section 39 of the Special Marriage Act, 1954;
1. Substituted by Notification Published in M.P. Gazette, Part 4(Ga), dt. 28.06.2019, Page No. 745.
2. Inserted by Notification Published in M.P. Gazette Part 4(Ga) dt. 01.09.2017, Page 464 & 465.
22 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.2.R.6

(11) an appeal under section 32(9) of the State Financial Corporation

Act, 1951; or
(12) any other civil appeal provided against an original decree or an
order having force of decree.
1
[(13) an appeal under section 74 of the Right to Fair Compensation
and Transparency in Land Acquisition, rehabilitation and
Resettlement Act, 2013.]
9. Miscellaneous Appeal - Ordinarily following civil appeals shall be
registered as a Miscellaneous Appeal-
(1) an appeal under section 32 of the M.P. Accommodation
Control Act, 1961;
(2) an appeal under section 104 read with order 43 rule 1 of the
Code of Civil Procedure, 1908;
(3) an appeal under section 16 of the Electricity Regulatory
Commission Act, 1998;
(4) an appeal under section 82 of the Employees State Insurance
Act,1948;
(5) an appeal under section 47 of the Guardian and Wards Act,
1890;
(6) an appeal under section 173 of the Motor Vehicles Act, 1988;
(7) an appeal under section 75 of the Provincial Insolvency Act, 1920;
(8) an appeal under section 23 of the Railways Claims Tribunal
Act,1987;
(9) an appeal under section 11 of the Requisition and Acquisition
of Immovable Properties Act, 1952;
(10) an appeal under section 299 or 384 of the Indian Succession
Act,1925;
(11) an appeal under section 41 of the M.P. Vidyut Sudhar
Adhiniyam, 2000;
(12) an appeal under section 30 of the Workmen Compensation
Act,1923; or
(13) any other appeal of civil nature, provided or permissible against
an order under any other law for the time being in force.
10. Miscellaneous Civil Case - Ordinarily following matters shall be
registered as a Miscellaneous Civil Case –

1. Inserted by Notification Published in M.P. Gazette Part 4 (Ga) dt. 01.09.2017, Page 465
Ch.2.R.9 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 23

(1) an application for restoration/readmission/rehearing;

(2) an application under order 44 rule 1 of the Code of Civil
Procedure,1908;
(3) an application for grant of certificate for appeal to Supreme
Court;
(4) an application for grant of probate, letters of administration,
letters of administration with will annexed or succession
certificate under the Indian Succession Act, 1925;
(5) an application under section 24 of the Code of Civil Procedure,
1908;
(6) an application under rule 25 of chapter XIII of these Rules;
(7) a reference or an application under section 10 of the Contempt of
Courts Act, 1971;
(8) any other application of civil nature, not falling under any of the
specified categories, which is not interlocutory to any
proceeding.
11. Review Petition - An application under order 47 Rule 1 of the Code
of Civil Procedure, 1908 or an application for the review 4[* * *] of
2
[any] 3[***] order or judgment passed in any proceeding 4{1[* *
*]} shall be registered as a Review Petition.
12. Second Appeal - Ordinarily following civil appeals shall be
registered as a Second Appeal
(1) an appeal under section 100 of the Code of Civil Procedure,
1908;
or
4
[ * * *]
5
[12(A)Miscellaneous Second Appeal- Any other appeal of civil nature,
except appeal covered under Rule 12 of this Chapter, provided or
permissible under any law, for the time being in force, against an
appellate decree.]
13. Company Appeal - An appeal under section 483 of the Companies
Act, 1956, shall be registered as a Company Appeal.

1. Words inserted by notification published in M.P. Gazette (Ext.) dt. 07.06.2012, page 532(8).
2. Word inserted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 30.12.2016, Page 1164
3. Deleted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 01.09.2017, page 464.
4. Deleted by Notification published in M.P. Gaz. (Ext.) dt. 29.07.2022, page 862. w.e.f. D.O.P
5. Added by Notification published in M.P. Gaz. (Ext.) dt. 29.07.2022, page 862. w.e.f. D.O.P
24 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.2.R.11

14. Company Petition -Ordinarily following petitions or references

shall be registered as a Company Petition-
(1) a reference under section 20 of the Sick Industrial Companies
(Special Provisions) Act, 1985; or
(2) petitions under section 101, 391, 394, 439, 583 or 584 of the
Companies Act, 1956.
15. Miscellaneous Company Appeal - An appeal under section 10F.of
the Companies Act, 1956 or an appeal under rule 164 of the
Companies (Court) Rules, 1959 shall be registered as a Miscellaneous
Company Appeal.
16. Criminal Appeal - Ordinarily following cases shall be registered as
a Criminal Appeal-
(1) an appeal under section 341 of the Code of Criminal Procedure,
1973;
(2) an appeal under section 351 of the Code of Criminal Procedure,
1973;
1
[(2a) An appeal under Section 372 of the Cr.P.C., 1973 by a victim.]
(3) an appeal under section 374 of the Code of Criminal Procedure,
1973;
(4) an appeal under section 377 of the Code of Criminal Procedure,
1973;
3
[(5) An appeal under section 378 of The Code of Criminal Procedure
Code 1973, which is accompanied by an application seeking
grant of leave to appeal under section 378(3) and (4) of The
Code of Criminal Procedure 1973.]
(6) an appeal under section 449 (ii) of the Code of Criminal
Procedure,1973;
(7) an appeal under section 454 of the Code of Criminal
Procedure,1973; or
(8) any other criminal appeal provided or permissible under any
other law, for the time being in force.
2
[(9) an appeal under section 76 of the Food Safety and Standard
Act, 2006.
(10) an appeal under section 14(1) of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989.]
1. Inserted by Notification published in M.P. Gazette Part 4(Ga), dt. 30.12.2016, page 1164.
2. Inserted by Notification Published in M.P. Gazette Part 4(Ga) dt. 01.09.2017, Page 465
3. Substituted by Notification Published in M.P. Gazette (Ext.) dt. 29.07.2022, Page 862, w.e.f.
D.O.P.
Ch.2.R.14 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 25

17. Criminal Reference - A reference under section 395 of the Code of

Criminal Procedure, 1973, shall be registered as a Criminal
Reference.
18. Criminal Reference (Capital Punishment) - A reference under
section 366 of the Code of Criminal Procedure, 1973, shall be
registered as a Criminal Reference (Capital Punishment).
19. Criminal Revision - Ordinarily, following cases shall be registered
as a Criminal Revision:
(1) a revision under sections 397 (1) and/or 401 of the Code of
Criminal Procedure, 1973;
Explanation: An application filed by a private person 1[(other
than victim)] against acquittal or 1[by a private person
(including victim)] for enhancement of sentence shall be
registered as criminal revision.
(2) a revision under section 19 (4) of the Family Courts Act, 1984;
or
(3) any other criminal revision, provided or permissible under any
other law for the time being in force.
2
[(4) a revision under section 53 of the Juvenile Justice (Care and
Protection of Children) Act, 2000 relating to criminal matters.
(5) a revision under section 102 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 relating to criminal matters.]
20. Contempt Petition (Criminal) - A case under section 14 or 15 (2)
of the Contempt of Courts Act, 1971 shall be registered as a Contempt
Petition (Criminal).
21. Miscellaneous Criminal Case - Ordinarily, following matters shall
be registered as a Miscellaneous Criminal Case:
3
[(1) * * * ];
(2) an application under section 407 of the Code of Criminal
Procedure, 1973;
(3) an application under sections 438 or 439 of the Code of
Criminal Procedure, 1973;

(1) Inserted by Notification published in M.P. Gazette part 4(Ga) dt. 30.12.2016, page 1164.
(2) Inserted by Notification published in M.P. Gazette part 4(Ga) dt. 01.09.2017, page 465.
(3) Deleted by Notification Published in M.P. Gazette (Ext.) dt. 29.07.2022, Page 862, w.e.f.
D.O.P.
Ch.4 R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 26

(4) an application under section 439 (2) of the Code of Criminal

Procedure, 1973 or
(5) an application under section 482 of the Code of Criminal
Procedure, 1973.
22. Election Petition - A petition under section 81 of the Representation of
2
[the People] Act, 1951, shall be registered as an Election Petition.
23. Central Excise Appeal - An appeal under section 35G.of the
Central Excise Act, 1944 shall be registered as a Central Excise
Appeal.
24. Foreign Exchange Management Appeal - An appeal under
section 35 of the Foreign Exchange Management Act, 1999 shall be
registered as a Foreign Exchange Management Appeal.
25. Income Tax Appeal - An appeal under section 260A or 269H of the
Income Tax Act, 1961 shall be registered as an Income Tax Appeal.
26. Tax Reference - All references under statutes relating to taxation
shall be registered as a Tax Reference.
27. Value Added Tax Appeal - An appeal under section 53(1) of the
Value Added Tax Act, 2002 shall be registered as a Value Added Tax
Appeal.

28. Wealth Tax Appeal - An appeal under section 27-A of the Wealth
Tax Act, 1957 shall be registered as a Wealth Tax Appeal.
1
[28A. An appeal under any enactment relating to taxation, other than those
mentioned hereinbefore in this chapter shall be registered as Other Tax
Appeals.]
29. Writ Appeal - An appeal under section 2(1) of the Madhya Pradesh
Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005,
shall be registered as a Writ Appeal. 3[Writ appeal shall be so far as
may be in Format No. 42.]
30. Writ petition - Ordinarily following cases shall be registered as a
Writ petition-
(1) a petition filed under article 226 4[* *] of the Constitution of
India, and
1. Inserted by Notification published in M.P. Gaz. Part 4(Ga), dt. 29.05.2009, page 354, w.e.f.
15.06.2009
2. Substituted by Notification Published in M.P. Gazette, Part 4(Ga), dt. 28.06.2019, Page 745.
3. Added by Notification Published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 252, w.e.f. D.O.P.
4. Deleted by Notification Published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 252, w.e.f. D.O.P.
27 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.3 R.2

(2) any other matter directed by the Chief Justice to be registered as

Writ Petition.
1
[30A. An Application for recall/modification/clarification of an order/
judgment or extension of time, supported by an affidavit and with
documents, if any, shall be registered as an I.A. (Interlocutory
application) in the main case.]
2
[30B. Miscellaneous Petition – A petition filed under Article 227 of the
Constitution of India shall be registered as Miscellaneous Petition
(Civil) or Miscellaneous Petition (Cri.) as the case may be.]
31. Any other case filed in the High Court which does not fall in any of the
aforesaid categories may be classified and registered in accordance
with special or general orders of the Chief Justice passed in that
behalf.

1. Added by Notification published in M.P. Gaz. (Ext.) dt. 29.07.2022, Page 862, w.e.f. D.O.P
2. Added by Notification Published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 252, w.e.f.
D.O.P.
28 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.2.R.30A

CHAPTER III
TERRITORIAL JURISDICTION OF THE PRINCIPAL SEAT
AND THE BENCHES

1. All main cases shall be presented in Principal Seat or the Benches, as

the case may be, strictly in accordance with Presidential orders regarding
territorial jurisdiction or the orders of the Chief Justice, passed from time to
time.
2. A writ petition pertaining to the territorial jurisdiction of Indore or
Gwalior Bench may be filed in the Principal Seat at Jabalpur, only with the
orders of the Chief Justice.
An application in this regard, filed by the petitioner, shall be placed
before the Chief Justice on administrative side.
3. If the Registry finds that a case pertaining to some other Bench
has been filed, the Registry shall make a note accordingly and place the
matter before the appropriate bench for orders.
4. Where a bench, in the Principal Seat at Jabalpur or the Benches at
Indore or Gwalior, on an objection taken by the Registry or otherwise, is of the
opinion that a main case posted before it, had arisen from a revenue district
falling within the territorial jurisdiction of some other Bench or the Principal
Seat, it may record its opinion and return the main case for its presentation at
proper place for orders, after retaining one complete set of the main case.

****
Ch.3.R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 29

CHAPTER IV
CONSTITUTION AND JURISDICTION OF BENCHES
A. Civil Matters
Single Bench
1. The following matters shall ordinarily be heard and disposed of by a
Judge sitting alone:
(1) Arbitration Appeal - Arbitration appeals, except those specified
under rule 2(1) of this chapter.
(2) First Appeal - A first appeal from a judgment and decree or an
order/award having force of decree 1[except those specified
under rule 2(3) of this chapter].
(3) Miscellaneous Appeal - All miscellaneous appeals, against
original/ appellate orders or awards irrespective of the valuation,
specified under rule 9 of chapter II, of these Rules except an
appeal under section 47 of the Guardian and Wards Act, 1890.
(4) Second Appeal - A second appeal from an appellate judgment
and decree.
(5) Appeal Relating to Costs - An appeal relating to costs only.
(6) Civil Revisions - All civil revisions specified in rule 5 of
chapter II of these Rules except those required to be heard by a
division Bench under any enactment.
(7) Transfer Applications - Applications under sections 22, 23
and/or 24 of the Code of Civil Procedure, 1908.
(8) Suits - A suit invoking extraordinary original civil jurisdiction of
the High Court.
(9) Proceedings of Civil Nature - a proceeding of a Civil nature
under an Act of the Central or State Legislature, coming before
the Court in the exercise of its original jurisdiction e.g. under the
Indian Trust Act, 1882, Indian Companies Act, 1956, the Indian
Divorce Act, 1869 and the Indian Succession Act, 1925 or any
other law for the time being in force.
(10) Election Petition - an election petition under the
Representation of 2[the People] Act, 1951.
1. The amendment vide notification dt. 19.12.2016, published in M.P. Gaz, Part 4(Ga) dt.
30.12.2016 is withdrawn by Notification published in M.P. Gazette Part 4(Ga) dt.
01.09.2017, Page 464.
2. Substituted by Notification Published in M.P. Gazette, Part 4(Ga), dt. 28.06.2019, Page 745.
30 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.4.R.1

(11) Writ Petitions - all writ petitions under articles 226 and / or
227 of the Constitution of India except those specified under
rule 2(7) of this chapter.
(12) Residuary - All appeals, petitions or applications under any
enactment, except those required to be heard by a division
bench.
Division Bench
2. The following matters shall be heard and disposed of by a bench
comprising two Judges, i.e. a division bench-
(1) 1
[Arbitration appeal – An arbitration appeal under Section 50
or 59 of the Arbitration and Conciliation Act, 1996, specified
under Rule 2(2) of Chapter II, of these Rules.]
(2) Company appeal - A company appeal under section 483 of the
Companies Act, 1956.
(3) First Appeal - A first appeal under –
(a) 2[ . . . . . . . .
(i) . … . . .
(ii) ............................ ]
(b) section 19 of the Family Courts Act, 1984;
(c) section 55 of the Indian Divorce Act; 1869;
(d) section 28 of the Hindu Marriage Act, 1955;
2
(e) […….. ];
(f) section 47 of the Parsi Marriage and Divorce Act, 1936;
(g) section 39 of the Special Marriage Act, 1954; and
2
(h) [……..].
Explanation- The value of cross-objection filed in any such
appeal shall not be included in the value of the appeal. However,
if the value of the cross objection exceeds Rs.5,00,000/- ((Rs.
Five lac) the appeal as well as the cross-objection shall be heard
by a division bench.
(4) Miscellaneous Appeal - A miscellaneous appeal under
section 47 of the Guardian and Wards Act, 1890.

1. Substituted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 30.12.2016, page 1163.
2. Deleted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 30.12.2016, page 1164.
Ch.4.R.2 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 31

(5) Reference - A reference under section 113 read with order

XLVI, rule 1 of the Code of Civil Procedure, 1908.
(6) Revision - A revision under section 19 of the Madhya
Pradesh Madhyastam Adhikaran Adhiniyam, 1983.
(7) Writ Petition - A writ petition -
(a) filed in public Interest including those registered on a letter
petition or otherwise;
(b) challenging the vires of any Act or statute, or any
order or rule or regulation made under any Act or statute;
1
[(c) challenging interlocutory or final orders passed by a
Tribunal constituted under articles 323A or 323B of the
Constitution of India;
2
[(d) Any Challenge to an interlocutory or final order passed by a
Tribunal or Authority, whose chairperson is a former Judge
or Chief Justice of any High Court shall be heard by a
Division Bench.
3
(1) [. . . . .]
4
(2) [. . . . .]
2
(3) [. . . . .];
2
(4) [. . . . .];
2
(5) [. . . . .];
2
(6) [. . . . .];
2
(7) [. . . . .];
2
(8) [. . . . .];
2
(9) [. . . . .];
(10) 2[. . . . .]]

1. Substituted by the Notification published in M.P. Gaz. Part 4(Ga) dt. 29.05.2009, page 354,
w.e.f. 15.06.09.
2. Sub-rule 7(d) (3) to (10) are deleted & substituted by the Notification published in M.P.
Gazette Part 4 (Ga), page 232, dt. 02.06.2017, page 232.
3. Deleted by the Notification published in M.P. Gazette (Ext.) dt. 17.02.2011, page 131.
4. Deleted by the Notification published in M.P. Gazette (Ext.) dt. 7.06.2012. page 532(7).
32 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.4.R.2

(e) relating to admission to and recognition/affiliation of

professional educational courses;
7 1
[ [(f) in the nature of habeas corpus pertaining to illegal detention;]]
2
[(g) Relating to Income Tax, Wealth Tax, Gift Tax, Estate Duty,
Central Sales Tax, Central Excise, Service Tax, Customs
Duty, M.P. General Sales Tax, Commercial Tax, Value Added
Tax, Entry Tax, Purchase Tax and any other tax, cess or duty as
may be specified by the Chief Justice, by a general or a special
order.]
(h) Relating to contract/tender concerning Government/public
undertakings/local bodies/statutory bodies; 3[where the value
of the tender/contract is Rs. 50,00,000/- or above;] and
(i) relating to environmental pollution.
4&5
[(j) Challenging the orders or proceedings under the Prevention of
Corruption Act, 1988.]
6
[(k) Relating to State Bar Council/District Bar Associations/High
Court Bar Associations/other Bar Associations.
(l) Relating to mines & Minerals and Environment.
(m) Involving construction of National Highways.
(n) Relating to Street Vendors/Vending.
(o) Pertaining to Municipal Corporation/Municipalities/Other Local
Bodies relating to encroachment, removal, hoarding,
obstructions on public roads arising from the directions in the
public interest litigation.
(p) Notwithstanding anything contained in these rules, any case or
class of cases may be ordered to be placed before Division
Bench as may be ordered by the Chief Justice from time to time.]
(8) Taxation Reference or Appeal - A reference or appeal relating to
taxation.
1. Substituted by Notification published in M.P. Gazette (Ext.) dt. 07.06.2012, Page 532(7).
2. Substituted by the Notification published in M.P. Gaz. Part 4 (Ga), dt. 29.05.2009, Page
355, w.e.f. 15.06.09.
3. Words inserted by the Notification published in M.P. Gazette (Ext.) dt. 07.06.2012, Page
532(7).
4. Inserted by Notification published in M.P. Gazette Part 4(Ga), dt. 29.05.2009, page 355,
w.e.f. 15.06.2009.
5. Substituted by the Notification published in M.P. Gazette Part 4 (Ga), dt. 02.06.2017, page
232.
6. Inserted by Notification published in M.P. Gazette Part 4 (Ga), dt. 02.06.2017, page 232.
7. Substituted by Notification Published in M.P. Gazette Part 4 (Ga), dt. 22.04.2022, Page 171.
Ch.4.R.2 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 33

(9) Writ Appeal - A writ appeal under section 2 (1) of the Madhya
Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal)
Adhiniyam, 2005:
Provided that the division bench shall comprise two
Judges other than the Judge, from whose judgment or order, the
appeal is preferred.
(10) An appeal, petition or application which by any enactment or
any judgment/order is required to be heard by a division bench.

B. Criminal Matters
Single Bench
3. The following matters shall be heard and disposed of by a Judge
sitting alone
(1) Criminal Appeal - All criminal appeals, except those specified
in rule 4 1[ (. . .)] of this chapter.
(2) Criminal Revision - All criminal revisions except those specified
in rule 4(4) 2[and sub-rule 12 of rule 4] of this chapter.
(3) Transfer Application - An application for transfer of a criminal
case from one subordinate Court to another 2[except those
specified under sub-rule 12 of rule 4 of this chapter].
(4) Bail Application - An application under section 438 or 439 of
the Code of Criminal Procedure, 1973.
(5) Cancellation of Bail - An application for cancellation of bail
granted by lower Court or by a single bench.
(6) Application Invoking Inherent Powers - An application
under section 482 of the Code of Criminal Procedure, 1973 2[except
those specified under sub-rule 12 of rule 4 of this Chapter].
(7) Proceedings in Original Jurisdiction - A proceeding coming
before the Court in the exercise of its ordinary or extraordinary
original criminal jurisdiction except Criminal Contempt matters
under the Contempt of Courts Act, 1971.
(8) Residuary - All other applications or references under the Code
of Criminal Procedure, 1973 or any other law for time being in
force, except those falling within the jurisdiction of division
bench.
1. Deleted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 30.12.2016, page 1164.
2. Words & figures added by Notification published in M.P. Gazette Part 4(Ga), dt 02.06.2017,
page 232.
34 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.4.R.3

Division Bench
4. The following matters shall be heard and disposed of by a division
bench-
(1) Appeal against Conviction or Reference - An appeal or
reference in a case in which sentence of death or imprisonment
for 3[more than 10 years] has been passed, including all
interlocutory applications filed therein.
1
[1(a) Appeal against Acquittal under section 372 of Cr.P.C. –
An appeal under proviso to section 372 of the Cr.P.C. from a
judgment/order of acquittal in respect of offences punishable
with sentence of death or imprisonment for more than 10 years
shall be heard by a Division Bench.]
(2) Application for Leave to Appeal - An application for leave,
filed under sub-section (3) of Section 378 of the Code of
Criminal Procedure, 1973, in respect of offences punishable
with sentence of death or imprisonment for 2[more than 10
years.]
(3) Appeal against Acquittal - An appeal under Section 378 of
the Code of Criminal Procedure, 1973, from a judgment/order of
acquittal in respect of offences punishable with sentence of
death or imprisonment for 2[more than 10 years.].
(4) Revision by a Private Party - A revision filed by a private
party 1[(other than victim)] under section 397 of the Code of
Criminal Procedure, 1973 or a suo motu revision entertained
under section 401 of the Code of Criminal Procedure, 1973
against acquittal in respect of offences punishable with sentence
of death or imprisonment for 2[more than 10 years.] and triable
by a Court of Session.
(5) Notice for Enhancement of Sentence - A proceeding in which
notice has been issued to accused who has been sentenced to
imprisonment for the term of 5 years or more, to show cause
why the sentence should not be enhanced.

1. Inserted by Notification published in M.P. Gaz., Part 4 (Ga), dt. 30.12.2016, page 1164.
2. Substituted by Notification published in M.P. Gaz., Part 4 (Ga), dt. 30.12.2016, page 1164.
3. Word substituted by Notification published in M.P. Gaz., Part 4 (Ga), dt. 30.12.2016, page
1164
Ch.4.R.4 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 35
4
[ 5(a) Appeal by a victim against the conviction for lesser offence –
An appeal under proviso to Section 372 of the Cr.P.C. against an
accused who has been convicted for a lesser offence instead of
the main offence which was punishable with sentence of death or
imprisonment for more than 10 years shall be heard and disposed
of by a Division Bench.]
(6) Notice for Alteration of Conviction - A proceeding in which
notice is issued to a convicted person requiring him to show
cause why his conviction should not be altered to one for an
offence or offences punishable only with death or
imprisonment for 3[more than 10 years.]
(7) Appeal under S. 377 Cr.P.C. - An appeal under section 377
of the Code of Criminal Procedure, 1973 against an accused
who has been sentenced to undergo imprisonment for a period
of 5 years or more.
(8) Appeal against Conviction for Offences against the State -
Appeals from conviction for offences against the State
(Chapter VI of the Indian Penal Code) punishable with
imprisonment for 3[more than 10 years.]
(9) Reference - A Reference under section 395 of the Code of
Criminal Procedure, 1973.
(10) Contempt - A criminal contempt under Contempt of Courts
Act,1971.
(11) Contempt Appeal - An appeal under section 19 of the
Contemptof Courts Act, 1971.
1&2
[(12)Criminal Revision, Transfer Applications, Application
invoking powers arising from corruption cases – Criminal
Revision, Transfer application, application invoking inherent
powers arising from cases under the provision of Prevention of
Corruption Act, 1988.]

1. Substituted by Notification published in M.P. Gaz., Part 4 (Ga) dt. 29.05.2009, page 355,
w.e.f. 15.06.2009.
2. Further substituted by Notification published in M.P. Gazette Part 4 (Ga), dt. 02.06.2017,
Page 233.
3. Substituted by Notification published in M.P. Gaz., Part 4 (Ga), dt. 30.12.2016, page 1164.
4. Inserted by Notification published in M.P. Gaz., Part 4 (Ga), dt. 30.12.2016, page 1164 &
M.P. Gaz., Part 4 (Ga), dt. 02.06.2017, page 235.
36 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.4.R.4

(13) Residuary - All other appeals, revisions, applications or

references under the Code of Criminal Procedure, 1973 or any
other law for the time being in force, falling within the
jurisdiction of division bench.
Full Bench
5. The following matters shall be heard and decided by a full bench -
(1) reference under Section 57 and 60 of the Indian Stamp Act,
1899;
(2) matters which are required by any enactment to be heard and
decided by a full bench;
(3) any other matter as may be referred to a full bench.
6. A full bench shall ordinarily comprise three Judges but may be of
higher number of Judges, in pursuance of an order of the Chief Justice.
7. Notwithstanding anything contained in these rules, the Chief Justice
may direct that any case or class of cases be heard by a particular number of
Judges, unless otherwise provided by any statute.
Reference to a Larger Bench
8. (1) A single bench or a division bench may refer any proceeding,
pending before it, to the Chief Justice with a recommendation
that it be placed before a larger bench where it involves a
substantial question of law of general importance.
(2) In such proceeding, the referring Judge(s) may formulate
question(s) and may either refer such question(s) for opinion or
may request that entire proceeding be heard and decided by the
larger bench.
(3) Where a Judge sitting alone while hearing a case is of the
opinion that for the decision of that case, an earlier decision of
coordinate or larger bench of this Court needs reconsideration,
he may formulate question (s) and refer the same to the Chief
Justice with a recommendation that it be placed before a larger
bench.
9. After the reference is answered by the division bench or the larger
bench, the case shall be placed before the Chief Justice for listing before the
appropriate bench for hearing and decision in accordance with the opinion of
the division bench or larger bench, as the case may be.
10. Where, in a civil matter heard by a division bench, the Judges
comprising the bench differ on any point (s) and -
Ch.4.R.5 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 37

(1) formulate such point(s); the proceeding shall be placed before

the Chief Justice who shall nominate one or more of other
Judge(s) to deliver the opinion on such point (s);
(2) do not formulate point(s); the Chief Justice may request the
division bench to formulate point(s). After such formulation, the
Chief Justice shall nominate one or more of other Judge(s) to
deliver the opinion on such point (s);
(3) The referee Judge(s) may after hearing deliver his (their) opinion
on the point(s) referred. Such opinion shall be placed before the
division bench, which shall decide the case in accordance with
the opinion of the majority of Judges who have heard the
matter.
11. Where, in a criminal matter, heard by a division bench, the Judges
comprising the bench are divided in opinion, the matter, shall be placed before
the Chief Justice who shall nominate another Judge. The matter shall then be
placed before that Judge, with the opinions of the Judges differing, who shall
deliver his opinion after hearing and the judgment or order shall follow that
opinion:
Provided that if one of the Judges constituting the bench, or where the
matter is laid before another Judge, under this rule, that Judge so requires, the
matter shall be reheard and decided by a larger bench to be constituted by the
Chief Justice.
12. Where a division bench or a full bench while hearing a case is of the
opinion that for the decision of that case, an earlier decision of coordinate or
larger bench of this Court needs reconsideration, it may formulate question(s)
and refer the same to the Chief Justice with a recommendation that it be placed
before a larger bench. The referring bench shall thereafter, dispose of the
case in accordance with the opinion of the larger bench on the referred
question (s).
Review Petition
1
13. (1) (a) Save as provided in sub-rule [(2)], an application for review,
2
[recall,] clarification or modification of a judgment, decree or
final 2[/interlocutory] order, passed by a Judge or Judges shall be
heard by the same Judge or Judges:
3
[***]
1. Substituted by Notification published in M.P. Gaz, Part 4(Ga), dt 29.05.09, Page 355, w.e.f.
15.06.09
2. Inserted by Notification published in M.P. Gaz. (Ext.) dt. 29.07.2022, Page 862, w.e.f. D.O.P.
3. Deleted by Notification published in M.P. Gaz. (Ext.) dt. 29.07.2022, Page 862, w.e.f. D.O.P.
38 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.4.R.11

1 3
[(b) An application for review, [recall,] clarification or modification
3
of a judgment, decree or final [/interlocutory]order, passed by a
Judge or Judges who or one or more of whom is or are -
(i) temporarily unavailable and in the opinion of the Chief
Justice, the application, looking to the urgency of the matter,
cannot wait for such Judge or Judges to resume work or,
(ii) permanently unavailable,

shall be heard –
(1) if the decree or order, review of which is applied for, was
passed by a Judge sitting alone, by the regular 2[***] bench,
(2) if the said decree or order was passed by two or more Judges
by a bench of coordinate strength, to be constituted by the
Chief Justice. Such bench shall, however, include the Judge
or Judges who was/were part of the bench whose decree or
order is under review, if available:
Provided that where both Judges of a division bench
are permanently unavailable, the matter shall be listed before
the regular division bench.]
(2) (a) Any application seeking a review, clarification or modification of a
judgment, decree or order/award, passed by a bench of Lok Adalat,
shall be placed before the same bench at any subsequent Lok
Adalat for consideration.
(b) Where any of the members comprising such bench is/are not
available, the application shall be placed before the Chief Justice
for constitution of a bench of Lok Adalat for consideration.
(c) Where there is no settlement by consent on the application for
review before the Lok Adalat, the same shall be placed before a
division bench of which the Judge presiding over the bench of
Lok Adalat, shall be a member, if available.
General
14. Part-heard case - A part-heard case shall be listed before the same
Judge (s):

1. Substituted by Notification published in M.P. Gaz., Part 4 (Ga), dt 29.05.09, Page 355, w.e.f. 15.06.09.
2. Word deleted by Notification published in M.P. Gaz., Part 4 (Ga), dt 25.05.2018, Page 245.
3. Inserted by Notification published in M.P. Gaz. ( Ext.) dt. 29.07.2022, Page 862, w.e.f. D.O.P.
Ch.4.R.19 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 39

Provided that if the case is not disposed of within 6 months from the
date on which it was first heard in part, it shall be deemed to have been
released and be listed before the regular bench, unless otherwise directed by
the Chief Justice.
15. Subsequent applications for Bail - All subsequent applications under
sections 389(1), 438 and 439 of the Code of Criminal Procedure, 1973, shall be
listed before the same Judge/bench who/which had decided the first
application, even if earlier application was dismissed for want of prosecution,
or dismissed as not pressed or withdrawn.
1
[16. (1) Tied up Matters – Whenever a Judge –
(a) is elevated to Supreme Court,
(b) is transferred to other High Court,
(c) demits office,
or
(d) is transferred to other Bench or Principal Seat of the High
Court,
(e) is not available for any other reason and in the opinion of the
Chief Justice, the application, looking to the urgency in the
matter, it cannot wait for such Judge to resume work ;
all matters tied up to him in a –
(i) single bench (except a review petition, which shall be listed
before regular division bench), shall be listed before the
regular bench.
(ii) division bench or full bench, shall be listed before a bench of
which the available judge(s) shall necessarily be a
member(s).
(2) Where none of the Judges comprising the bench to which any
matter is tied up, is available in terms of sub-rule (1), such matter
shall be listed before the regular bench.]
17. Application for Restoration - An application for restoration of a main
case dismissed in default shall be listed before the regular bench i.e. before the
bench hearing same class of main cases as per roster.
18. Company Cases - All company cases cognizable by a Judge sitting
alone, shall be listed before the Judge, nominated for the time being as
company Judge by the Chief Justice.
1. Substituted by Notification published in M.P. Gaz. (Ext.) dt. 30.07.10, Page 801, w.e.f. 10.08.10
40 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.4.R.15

19. A Request u/s. 11 Arbitration and Conciliation Act - A request

under sub-section (4); or sub-section (5); or sub-section (6) of section 11 of the
Arbitration and Conciliation Act, 1996, shall be dealt with by the Chief
Justice or by the Judge of High Court designated by the Chief Justice by a
general or special order.

20. Contempt petition (civil) - Contempt petition (civil) in respect of final

orders passed by the High Court shall be listed before the single bench and
division bench hearing contempt petitions as per roster. Contempt petition
(civil) in respect of interlocutory and interim orders passed by the High Court,
where the main case is pending, shall be listed before the single bench or
division bench hearing the main case as per roster along with the main case.
21. Contempt Petitions (civil) upon a Reference - Contempt petitions
(civil) registered upon a reference made by a Court subordinate to the High
Court, shall be listed before the Judge hearing miscellaneous civil cases as per
roster.
22. Notwithstanding anything hereinbefore contained in these Rules, the
Chief Justice may, by a special or general order, direct a particular case(s)
or a particular class(es) of cases to be listed before a particular bench.

****
Ch.4.R.19 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 41

CHAPTER V
REGISTRY
(A) Powers, Duties and Functions of the Registrar
1. (1) The following powers in relation to civil and criminal
proceedings, in addition to those conferred by other rules are
delegated to the Registrar –
(a) to refund security deposit, after disposal of a case, where no
order to the contrary has been passed by the Court;
(b) to return documents filed in the High Court, after disposal of
the case, in accordance with order XIII rule 9 of the
Code of Civil Procedure, 1908;
(c) to decide all matters relating to service of notice or other
processes and to pass orders dispensing with notice under
order 41 rule 14 (3) (Madhya Pradesh High Court
Amendment dated 16-9-1960) or (4) of the Code of Civil
Procedure, 1908 or under any other enactment for the time
being in force;
1
[(cc) to grant extension of time for filing pleadings/filing of
return/rejoinder, provided that the Registrar shall not grant
more than two extensions for the same purpose and at a
time not more than 15 days time shall be given for
compliance of the direction.]
2
[ If after extension of time by the Registrar, no
pleading/return/rejoinder is filed by the party(s), his
opportunity of such filing shall be deemed to be closed
and matter be treated as ripe for final hearing unless
request has been made by the concerning party before the
Bench.]
(d) to allow an application under order XXII rules 2, 3 & 4
and 10 of the Code of Civil Procedure, 1908 and to amend
the record, if necessary, except in cases under appeal to the
Supreme Court of India;
(e) to decide an application for the correction of memorandum
of appeal, application for revision or petition as regards the
description of a party as major or minor;

1. Inserted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 13.03.2015, Page 54.
2. Paragraph added by notification published in M.P. Gazette Part 4 (Ga) dt. 06.04.2018, Page
No.83.
42 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.5.R.1

(f) to decide an application to appoint or discharge a next friend

or guardian ad litum of a minor or a person of unsound mind,
to correct the record accordingly and to direct deposit and
furnish accounts of funds for the conduct of the
proceedings;
(g) to call for further deposit under order XLV rule 10 of the
Code of Civil Procedure, 1908, when the deposit already
made by the appellant in an appeal to the Supreme Court is
inadequate to defray the cost of preparing the record;
(h) to order payment of interest accruing on the security
deposited under order XLV rule 7 of the Code of Civil
Procedure, 1908 and to order a refund of balance, if any,
under order XLV rule 12 of the Code of Civil Procedure,
1908 or any other enactment for the time being in force;
(i) to direct in which of the news-papers the publication
referred to in order XLV rule 9-A of the Code of Civil
Procedure, 1908, shall be made, unless specifically directed
by the Court;
(j) to require any memorandum of appeal, petition, application
or other document presented to the Court or to the Registrar
to be amended in accordance with the procedure of the
Court;
(k) to require any person or party to file an affidavit with respect
to an application or the matter in respect of which the
Registrar has power to exercise any discretion or to make
any order;
(l) in the absence of any direction of the Court to the contrary,
to withhold at his discretion, delivery of certified copy of
order granting interim relief or stay of any other nature
affecting the rights of the opposite party, to any person, who
has failed to pay process fee or to take any other step
directed by the Court;
(m) to call for records and documents from subordinate Courts
or any tribunal in accordance with these Rules;
(n) to dispose of requisitions by subordinate Courts for records
and documents;
(o) to dispose of applications for copies of pending records or
parts thereof;
Ch.5.R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 43

(p) to pass an order under order XLI rule 22 (3) of Code of Civil
Procedure, 1908, for the service of a copy of the cross
objection on the party;
(q) to make a reference to the Court for renewal of bank
guarantee, fixed deposit receipts and other
deposits/securities made under the orders of the Court, a
month before the date of its/their expiry;
1
(r) [* * * *] ;
(s) to dispose of an application for delivery of documents from
the record of a pending case, to the commissioner appointed
by the Court, after complying with the provisions of order
XIII rule 9 of the Code of Civil Procedure, 1908;
(t) to decide applications by third parties for return of
documents in accordance with order XIII rule 9 of the Code
of Civil Procedure, 1908;
2
(u) [to decide application given on behalf of the Party for
refund of Court fee. If the Registrar is satisfied that any
Court fee has been paid in excess or inadvertently, he may
issue a Certificate to refund and shall communicate the same
to the concerned Treasury Officer.]
(v) to decide an application for engaging a translator or
interpreter from the panel approved by the Chief Justice;
(w) to allow an application for change or discharge of
advocate;
(x) to reconstruct the record with the approval of the Chief
Justice, in case the record is lost or irretrievably
misplaced;
(y) to pass orders in all matters in civil and criminal cases
pertaining to default of process fee, paper book costs,
furnishing of address in respect of service of notice, non-
compliance with Registrar‘s orders in respect of office
matters ; submission of service report on affidavit in case of
‗humdust‘ service; default of identical copies, default of
security amount, service of notice, default of publication
charges and non-compliance of the Court‘s orders and
default of appearance of accused persons who are on bail,
provided that every such case in which the Registrar is of the
opinion that the default should not be condoned shall be
placed for orders before the appropriate bench;
1. Deleted by Notification Published in M.P. Gaz, Part 4 (Ga), dt. 24.01.2020, Page 68.
2. Substituted by Notification Published in M.P. Gaz, Part 4 (Ga), dt. 24.01.2020, Page 68.
44 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.5.R.1

(z) to pass orders on non-appearance of accused persons on

bail:
Provided that every such case in which the Registrar
is of the opinion that the default should not be condoned
shall be placed for orders before the appropriate bench;
(aa) to dispose of an application for condonation of delay upto 30
days in payment of process fee, except in case of peremptory
orders and in cases where an interim relief has been granted
ex-parte;
(ab) to scrutinize all cases containing elements of settlement with
a view to ascertain as to whether there is any possibility of
settlement through any of the modes provided in Section
89 of the Code of Civil Procedure, 1908;
(ac) (i) to decide an application for dispensing with the
production of more than one certified copy of the
judgment/order, in terms of proviso to rule 16 (4) of
chapter X of these Rules,
(ii) to decide an application for dispensing with the
production of more than one copy of order passed on
one bail application where more than one bail
applications have been filed in respect of that order.
(2) Where any of the directions of the Registrar, made under sub-rule (1)
is not complied with, the Registrar shall post the matter before the
Court, which may, if deemed fit in the circumstances of the case,
extend time for rectification of the defect.
(3) The Registrar may, at his discretion, refer any matter under sub- rule
(1) to the Court for orders.
(4) Nothing in this rule shall be deemed to authorize the Registrar to make
an order of dismissal of a proceeding for default or for any other
reason or empower the Registrar to decide a contested application.
In the event of a written contest to such application, it shall be
placed before the Court.
(B) Taxing Officer
1
[2. The Taxing Officer shall decide all questions relating to Court fees
falling under S. 5 of the Court Fees Act, 1870.]
1
[3.(1) (a) Where the scrutiny 2[assistant] considers that any document filed in
the presentation centre is insufficiently stamped, he shall record
1. Substituted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 29.05.2009, Page 356,
w.e.f. 15.06.2009
2. Corrigendum published in M.P. Gaz Part 4 (Ga), dated 14.09.2018, Page 881.
Ch.5.R.2 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 45

his opinion with reasons therefor. This report shall be brought to

the notice of the advocate representing the party concerned who
will 1[note] thereon whether he accepts or disputes the accuracy
thereof. If he raises a dispute, the matter shall be placed before
the Taxing Officer, notice of the date being given to the
advocate concerned.
(b) The Taxing Officer shall, after hearing the advocate, decide the
dispute; where the dispute relates to the necessity of applying a
fee or the amount thereof as envisaged under S. 5 of the Court
Fees Act, 1870; such decision shall be final, except where the
question, in the opinion of the Taxing Officer, is one of general
importance, in which case, he shall refer it for final decision to
the Taxing Judge.
(2) Where the dispute relates to valuation for the purpose of
determining the amount of any court fee paid on a plaint or
memorandum of appeal, as envisaged under S. 12 of the Court Fees
Act, 1870, the Taxing Officer shall, with his opinion, place the matter
before the Court.]
4. Whenever the scrutiny assistant or any officer of the Court discovers
that a document which ought to bear a stamp under the Court Fees Act, 1870,
has through mistake or inadvertence been received in a lower Court without
being sufficiently stamped, following procedure shall be adopted-
(1) The scrutiny assistant or the officer, as the case may be, shall
record his opinion with reasons thereof and submit the same to
the Taxing Officer.
(2) The Taxing Officer, on being prima facie satisfied as to the
correctness of the opinion, shall bring it to the notice of the
advocate, representing the party.
(3) After hearing the advocate, if the Taxing Officer considers that
the opinion recorded is correct, he shall cause the case to be laid
before the appropriate bench for decision on the question of
deficiency in the Court-fee paid in the lower Court.
5. (1) Whenever the Court-fee payable on any document in respect of which
the question of limitation arises is found deficient, the Taxing Officer
will pass an order either certifying that in his opinion the under
stamping is or is not bonafide or stating that he is not in a position to
decide the point. If the deficient fees are paid before the limitation
expires, the document will be treated as properly stamped. If the
deficient fees are not paid before limitation expires, the case will be
1. Corrigendum published in M.P. Gaz Part 4 (Ga), dated 14.09.2018, Page 881.
46 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.5.R.4

placed before the Court after a week from the date of Taxing Officer‘s
order. If in that time the party filing the document or his advocate files an
application under Section 149 of the Code of Civil Procedure, 1908, to the
Court which shall, in cases where the Taxing Officer certifies the under-
stamping to be bonafide, normally extend the time.
(2) Whenever a case is put to the Court in accordance with the above, a
statement in the following form shall be endorsed on the order- sheet
over the Registrar‘s signature.
(a) Court fees paid Rs……………
(b) Court fees payable Rs…………….
(c) Difference Rs…………….
(d) Time expired …………….
(e) The Taxing Officer –
(i) certifies the deficiency as bonafide.
or
(ii) certifies the deficiency as not bonafide.
or
(iii) was not able to grant a certificate.
(f) Application under Section 149 Code of Civil Procedure, filed
within ………days from Taxing Officer‘s certificate.
6. (1) The Registrar may permit clerical errors in any memorandum of appeal
or memorandum of objections under order XLI rule 22 or 26 of Code
of Civil Procedure, 1908 or in any application, petition, return,
rejoinder, reply or affidavit produced in any proceedings in the Court
1
to be corrected on an application [* * *]. Such correction shall
be made in the case of - –
(a) an affidavit, by filing a fresh affidavit of the affiant;
(b) a document, by the party or advocate producing the
document.
(2) Every correction made under sub-rule (1) shall be attested by the
Registrar permitting the correction.

****

1. Deleted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 29.05.2009, page 356, w.e.f. 15.06.2009.
Ch.5.R.6 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 47

CHAPTER VI
ROSTER
1. A Judge shall ordinarily sit singly or in a bench of two or more at the place
of sitting (Jabalpur, Indore or Gwalior) assigned to him and dispose of Civil
or/and Criminal work in accordance with the roster approved by the Chief
Justice.
2. A bench comprising three or more Judges shall be notified by a special
roster.
3. (1) The roster shall be prepared by the Registrar in accordance with
directions of the Chief Justice.
(2) The roster may contain general or special instructions for assigning
work of a bench which is not available, to another bench.
(3) The roster shall be notified to all Judges, Advocate General and the
concerned Bar Associations and shall also be ported on the official
website of the High Court.
4. (1) In order to meet contingencies, the Chief Justice may from time to
time direct the Registrar to prepare roster instructions or amendments
for redistribution of judicial work.
(2) The roster instructions and amendments shall be prepared in such a
manner as to ensure that no judicial time is wasted.
(3) After approval, such roster instruction /amendment shall be notified to
all Judges, Advocate General and the concerned Bar Associations
and shall also be ported on the official website of the High Court.
5. Where a bench directs listing of a case before –
(1) another bench, the Registrar shall place the matter before the Chief
Justice for orders;
(2) a particular bench and the case can be listed before that particular
bench according to roster, rules or a binding precedent; the Registrar
shall list the case before that bench, otherwise he shall place the matter
before the Chief Justice for orders; or
(3) an appropriate bench as the Registry had erred in listing the case
before that bench, the Registrar shall determine the bench before which
the case ought to be listed as per roster, rules or a binding precedent;
otherwise he shall place the matter before the Chief Justice for orders.
6. Except as provided in the rule 30 of chapter XIV or unless specifically
directed by the Chief Justice in writing, no case, other than a tied up matter,
shall be listed before a bench in contravention of the roster.

****
48 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.6.R.1

CHAPTER VII
WORKING HOURS AND VACATION
Working Hours
1. (1) Courts : Except on holidays and during vacation, the Courts shall
function everyday and transact judicial work between 2[4[10.30]] A.M.
and 4.30 P.M. There shall be a recess from 1.30 P.M. to
1 2 4
[ [ [2.30]]] P.M.
(2) Registry : Except on Registry holidays, the Registry shall function
3 4
between [ [10.00]] A.M. and 5.00 P.M. There shall be a recess from
1.30 P.M. to 2.00 P.M..
Vacations
2. Except as mentioned in succeeding rules, the Courts shall remain closed
during summer and winter vacations for such period as may be notified by the
Chief Justice.
3. The Chief Justice may nominate one or more Judges as Vacation Judges to
hear matters of urgent nature during vacation.
4. The vacation sittings shall ordinarily take place on Monday and Thursday
or on such other days as may be notified by the Chief Justice.
5. No application, petition or appeal except the following, shall be presented
or received during vacation-
(1) Jail appeals under section 383 of the Code of Criminal Procedure,
1973.
(2) Applications, petitions and appeals wherein an urgent relief has been
prayed for, accompanied by an application for urgent hearing during
vacation.
(3) Applications under section 389 (1), 438 or 439 of the Code of Criminal
Procedure, 1973:
Provided that no repeat application for bail or suspension of
sentence shall be filed or received during vacation. Such
application, if filed before vacation, may, however, be posted before
the bench or the Judge to which it is tied up, if that bench or Judge is
sitting during vacation.

1. Substituted by Notification published in M.P. Gaz, (Ext.) dt. 21.04.2014, Page 365.
2. Substituted by Notification published in M.P. Gaz, 4 (Ga), dt. 31.12.2021, Page 1470.
3. Substituted by Notification published in M.P. Gaz, 4 (Ga), dt. 21.01.2022, Page 105.
4. Substituted by Notification published in M.P. Gaz, 4 (Ga), dt. 07.06.2024, Page 838, w.e.f. D.O.P.
Ch.7.R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 49

6. During vacation, a main case, other than an application under section 438
or 439 of the Code of Criminal Procedure, 1973, shall be listed and heard only
on applications for urgent hearing and urgent relief.
7. The Chief Justice may, as and when required, constitute a division bench
for hearing of urgent civil or criminal matters during vacation.
8. Registrar shall ordinarily sit on the days of vacation sittings or on such
other days as may be directed by the Chief Justice by a special or general
order, for rectification of defects in such cases as are otherwise fit to be listed
during vacation as per rule 5 of this chapter.
9. A Judge Sitting alone as a vacation Judge, may exercise the original and
appellate jurisdiction vested in the Court in the matters which are required by
virtue of any rules framed by the High Court to be heard by a bench of two or
more Judges-
(1) in any criminal proceeding other than one mentioned in rule 4(1) to
(12) of Chapter IV of these Rules;
(2) in any matter which he considers urgent.
However, the vacation Judge sitting alone shall not exercise such
jurisdiction -
(a) where the matter is required by virtue of any law to be heard by a
bench of two or more Judges; or
(b) where a division bench is sitting on that day.
1
[10. A case, wherein the vacation Judge has passed an order under this
chapter, shall be listed before the appropriate bench immediately after the
vacation. ]

****

1. Inserted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 29.05.2009, Page 356, w.e.f. 15.06.2009
50 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.7.R.6

CHAPTER VIII
VAKALATNAMA AND MEMO OF APPEARANCE
Vakalatnama
1. No advocate shall act, appear or plead for any person in any civil
proceedings, unless he has been appointed, by a document in writing for the
purpose, by such person or by his recognized agent, bearing his signature or
where he is unable to sign, his duly attested thumb impression or other mark, in
terms of order III rule 2 of the Code of Civil Procedure, 1908, except as
provided under rule 8 of this chapter.
Provided that an advocate holding the vakalatnama can authorize
another advocate to appear merely for the purpose of pleading before the Court
on a particular date in terms of first proviso to rule 2 of the Rules framed by the
High Court under section 34(1) of the Advocates Act, 1961.
2. A vakalatnama filed by a Government undertaking or any body corporate
shall be signed by the appropriate authority with official seal.
3. A party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior
in a case instituted at such place, shall also engage a local advocate to appear
3
[,act and plead] 2[* * * ].
4. Every vakalatnama shall be filed in accordance with rule 2 of the Rules
framed by the High Court under Section 34(1) of the Advocates Act, 1961.
5. The Registry shall ensure that every vakalatnama -
(1) is filed on foolscap size ledger 1[/durable] paper, one side of the paper
being used;
(2) mentions the name, age, father‘s name and address of the person (s)
appointing the advocate;
(3) contains State Bar Council Enrolment Number, postal address,
telephone number and e-mail address (if any) of the advocate
accepting the vakalatnama, for service;
(4) mentions name of the person (s) executing the vakalatnama and
advocate accepting the same, below their respective signatures;
6. The Court-fees and Adhivakta Kalyan Nidhi Stamps shall be pasted on the
header of the vakalatnama, without overlapping each other or covering any part
of the text.
7. Wherever a vakalatnama is found to be defective in any respect, the case
in which it has been filed shall be dealt with as a defective case.
1. Inserted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 29.05.2009, Page 356, w.e.f.
15.06.2009.
2. Deleted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 02.10.2020, Page 1310.
3. Inserted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 253.
Ch.8.R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 51

8. An advocate can act, appear and plead on behalf of a party in all such
matters, as are mentioned in clause (3) of rule 4 of Order III of the Code
of Civil Procedure, 1908, (Madhya Pradesh Amendment dated 18-10-1968)
provided he had filed vakalatnama for such party, in the proceeding out of
which such matter has arisen. However, in such a case he shall file a memo
of appearance in Form No. 1, expressing that he had filed vakalatnama in the
Court below authorizing him to appear, act and plead in an appeal.
Memo of Appearance and Vakalatnama in Criminal Cases
9. Every memo of appearance in a criminal case, shall be filed in accordance
with rule 2 of the rules framed by the High Court under S. 34 (1) of the
Advocates act, 1961, and in Form No. 2, where vakalatnama is not filed.
10. Every memo of appearance shall inter alia consist of a declaration signed
by the advocate that he has been authorized, instructed and engaged to appear,
act and plead for complainant, applicant, accused or respondent, as the case
may be.
However, in a case where more than one memos of appearance are filed by
different advocates, the Court may require that a vakalatnama, duly executed
by the accused person be filed.
11. Where the party has personally authorized, instructed and engaged the
advocate, memo of appearance shall be counter-signed by the party. Where the
party is illiterate, thumb- impression or other mark of the party on the memo of
appearance shall be attested by at least two literate witnesses who shall furnish
their names and addresses including police station.
12. (1) Where some other person has authorized, instructed and engaged the
advocate on behalf of the party, the memo of appearance shall be
accompanied by a letter signed by the party, authorizing such person to
authorize, engage and instruct an advocate to appear, act and plead
on his behalf. Such letter of authorization shall clearly state the nature
of relationship of such person with the party.
(2) Where the party issuing the letter of authorization is in prison, the
signature of the party shall be attested by the competent prison
authority. Where a request for such attestation is made by the prisoner
to the jail authority, it shall be granted expeditiously.
Provided that a criminal matter, on behalf of a person in prison,
with a memo of appearance not accompanied by the letter of
authorization, may be filed and posted before the Court for any
purpose for a period of 21 days from the date of institution. However,
such matter shall not be allowed to be prosecuted without such
authorization, after the expiry of the stipulated period of 21 days or as
otherwise directed by the bench hearing the matter.
****
52 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.8.R.8

CHAPTER IX
AFFIDAVITS
1. The Deputy Registrar, a notary public, a Commissioner of Oaths for the
High Court or any other person empowered by the High Court for this purpose
shall administer oaths or receive solemn affirmations in the case of affidavits to
be used in the High Court or the Supreme Court.
2. Every affidavit in the Principal Seat shall be headed “In the High Court
of Madhya Pradesh, Principal Seat at Jabalpur.” Similarly, every affidavit
filed in the Benches, shall be headed “In the High Court of Madhya
Pradesh, Bench at Indore/ Gwalior”, as the case may be.
3. Where an affidavit is filed in a pending case, it shall mention the institution
number and names of the first party on either side.
4. Every affidavit containing a statement of facts shall be drawn up in the first
person and divided into paragraphs numbered consecutively. Each paragraph,
as nearly as may be, shall be confined to a distinct portion of the subject.
Every person or place referred to in an affidavit shall be fully described in
such a manner as to enable his or its identity to be clearly established.
The affidavit shall contain no statement which is in the nature of an
expression of opinion or argument.
5. (1) Every affidavit, filed in the Court, shall be sworn only by a person who
is acquainted with the facts of the case and the person, swearing the
affidavit, shall specify with reference to the numbered paragraphs of
the pleadings what is true to his own knowledge and what is based on
information received and believed by him to be true and as far as
practicable, shall also state the source of such information.
(2) When the application or the opposition thereto rests on facts disclosed
in documents or copies of documents produced from any Court of
Justice or other source the affiant shall state the source from which
they were produced, and his information and belief as to the truth of
the facts disclosed in such documents.
(3) Documents, other than those on the record of the case referred to in
the affidavit shall, as far as possible, be annexed to it.
6. Unless it be otherwise provided, an affidavit may be made by any person
having knowledge of the facts deposed to. Two or more persons may join in
any affidavit, each shall depose separately to those facts which are within his
knowledge, and such facts shall be stated in separate paragraphs and it must
appear which facts each is deposing to.
Ch.9.R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 53

7. When the affiant 1[/deponent] in any affidavit speaks to any fact within
his own knowledge, he must do so directly and positively using the words ―I
solemnly affirm and say‖ or ―I state on oath‖.
8. The affiant shall clearly specify –
(1) the portion of his statement based on personal knowledge; and
(2) the portion based on information believed by him to be true and in
such a case, he shall disclose, with sufficient particularity, the source
or ground of such information.
Note- In case of affidavits under order XXXII, rule 4-A (3) of the
Code of Civil Procedure, 1908, (Madhya Pradesh amendment), the
officer before whom such affidavits are sworn, should see that the
words ―and that he has no interest adverse to that of the minor in the
matters in controversy in the suit and that he is a fit person to be so
appointed‖ are invariably inserted in the affidavit by the affiant. The
affidavit should also state-
(a) that the affiant has obtained consent of the person proposed to be
appointed as guardian for the suit and that the latter has
consented to act as such,
(b) whether the minor has an appointed guardian or declared guardian,
and if so, who that person is,
(c) if not, who the natural guardian is, and in the absence of a natural
guardian who actually has the custody of the minor,
(d) where any person other than one of the above is proposed as
guardian for the suit, the reason for not proposing the person
omitted.
9. (1) All interlineations, alterations or erasures in an affidavit shall be
initialed by the person swearing it and the person before whom it is
sworn. Such interlineations, alterations or erasures shall be made in
such manner as not to obliterate or render it impossible or difficult to
read the original matter. In case such matter has been obliterated so as
to make it impossible or difficult to read it, it shall be rewritten on the
margin and initialed by the person before whom the affidavit is sworn.
No interlineations, alterations or erasures shall be made in an
affidavit after it has been sworn.
No correction in the affidavit after filing shall be permitted, except
in accordance with the provisions of rule 6 of chapter V of these Rules.

1. Inserted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 29.05.2009, Page 356, w.e.f.
15.06.2009.
54 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.9.R.7

(2) The Registrar or the Court may refuse to receive an affidavit in which
interlineations, alterations or erasures, appear to be so numerous as to
make it impossible or difficult to read the matter and therefore it is
expedient that the affidavit should be re-written.
10. (1) Subject to the exception set out in sub-rule (2) below, the charge of
administering the oath to or receiving the solemn affirmation from the
affiant shall be Rs. 5/- to be paid by way of affixing Court fee stamp
of that value on each affidavit.
(2) No charge shall be made in respect of affidavits made by public officers
by virtue of their office.
11. Every person swearing an affidavit shall, if not personally known to the
person before whom the affidavit is sworn, be identified before that person, by
someone known to him, and in such case the person before whom the
affidavit is made shall state at the foot of the affidavit, the name address and
description of the person by whom such identification was made. Such
identification can be made by a person -
1
(1) personally acquainted with the person to be identified [or duly
satisfied about the identity of the person on the basis of Photo
identity proof i.e. Voter I.D. Card, PAN Card, Passport, ADHAAR
Card, Driving License,etc.] or
(2) who is reasonably satisfied as to his identity by affixing his signature in
token of his identification in the following form:
―Identified by me.
-------------------------
(Signature)
--------------------------
(Name)‖
12. Where the affiant is a pardanashin woman, she shall be identified by a
person to whom she is known and before whom she is accustomed to appear
unveiled and such person shall sign the endorsement prescribed by rule 15
below.
13. (1) The person before whom an affidavit is sworn, shall ask the affiant if
he has read the affidavit and understood the contents thereof. If the
affiant states that he has not read it or appears not to have understood
the contents or does not know the language, he shall read and explain
it or cause another person to read and explain to such person in his
presence. Until he is satisfied that the affiant has fully understood its
contents, he shall not allow the affidavit to be sworn.
1. Words added by Notification published in M.P. Gaz, Part 4 (Ga), dt. 13.03.2015, Page 54.
Ch.9.R.10 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 55

(2) Where an affidavit has been so read, translated or explained, the officer
administering the oath or receiving the solemn affirmation shall certify
in writing at the foot of the affidavit that it has been so read,
translated or explained in his presence and that the affiant appears to
have understood the same at the time of making the affidavit and made
his signature or finger-impression in the presence of the officer.
(3) Where –
(a) the affiant refutes the contents of the affidavit,
(b) the affiant is found to be impersonating,
(c) the statements made in the affidavit are ex-facie false, or
(d) the officer administering the oath or receiving solemn
affirmation, considers it necessary for any other sufficient
reason,
- he shall impound the affidavit and forward it to the Registrar
for such action as he may consider necessary in accordance with
law / rules made under the law or statute.
Where an affidavit is impounded under this rule, the officer
impounding the same shall certify thereon the date on which and
the circumstances in which it was impounded.
14. The Court may order to strike out from affidavit any averment which is
scandalous, frivolous, vexatious and irrelevant or which is otherwise an
abuse of the process of the Court at the cost of the offending party.
15. The officer administering the oath or receiving solemn affirmation shall
make the following endorsement on every affidavit made before him and shall
date, sign and seal the same:-
―Sworn before me on the …….. day of …… 20….. at ……… A.M./P.M.
by ……..………………....….. son of…………….……….Who is personally
known to me (or) who has been identified by …………..…….…….whose
signature is/signatures are thereto appended.
Date ..................... Signature
Place..................... Seal
Designation‖

A rubber stamp may be used for the form of this endorsement. In addition
the particulars required by rule 13(2) shall, where necessary, be added in
manuscript and dated, signed and sealed by the officer administering the oath.
56 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.9.R.18

16. In administering oaths or receiving solemn affirmations the following

form should be used.
Oath
I Swear that this my declaration is true, that it conceals nothing, and
that no part of it is false. So help me God.
Affirmation
I solemnly affirm that this my declaration is true, that it conceals
nothing, and that no part of it is false.
17. (1) The following petitions or applications and their replies shall be
accompanied by an affidavit-
(a) for review made upon the ground of the discovery of new and
important evidence;
(b) for stay, injunction or appointment of receiver;
(c) for vacating an order referred in clause (b);
(d) for security under order XLI, rules 6 and 10 of the Code of Civil
Procedure, 1908;
(e) for re-admission, re-hearing or restoration of a main case or an
application dismissed for default of appearance or for non-payment
of process fee or paper-book costs;
(f) for production of additional evidence under order XLI rule 27 of
the Code of Civil Procedure, 1908;
(g) for production of any document in any case;
(h) for an action in respect of contempt of Court;
(i) for bringing the legal representatives of a deceased party on record
or for addition of parties;
(j) for the appointment or discharge of guardian ad litem or next
friend;
(k) for amendment of a memorandum of appeal or application for
review or revision on a minor party attaining the age of majority;
(l) for transfer of any civil or criminal case;

(m) for amendment in the petition or for taking document on record in

writ cases or for intervention or compromise;
(n) any other application required by any law for the time being in
force, to be supported by an affidavit.
Ch.9.R.16 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 57

(2) Nothing in sub-rule (1) of this rule shall be deemed to limit the power
of any Judge or the Registrar to call for an affidavit in any matter.
18. The affidavit accompanying a petition for review made upon the ground of
the discovery of new and important matter of evidence, within the meaning
of order XLVII, rule 1 of the Code of Civil Procedure, 1908, shall state in clear
terms what such new and important matter of evidence is, the effect or purport
thereof and that the same, after the exercise of due diligence, was not within
the knowledge of the petitioner, or could not be produced by him at the time
when the decree was passed, the order was made or the judgment was
delivered. The documents, if any, relied upon shall be annexed to the petition.
19. The affidavit accompanying a petition for stay of execution under order
XLI, rule 5 of the Code of Civil Procedure, 1908, shall state the facts upon
which the petition is based, the date of the judgment/decree, award or order,
the stay of the execution of which is desired, particulars of the suit or
proceeding in which such judgment/decree or award is made or order is passed,
the date of the order, if any, for execution of sale, the date, if any, fixed for the
sale, and the facts necessary to enable the Court to be satisfied of the matters
mentioned in order XLI, rule 5, sub-clause (3) of the Code of Civil Procedure,
1908.
This rule shall apply to an appeal filed under any other law to which order
XLI of the Code of Civil Procedure, 1908, is applicable.
20. The affidavit, accompanying a petition for the re-admission/rehearing/
restoration of a main case or interlocutory application, dismissed for -
(1) default of appearance, or
(2) non-payment of process-fees or paper-book costs, or
(3) failure to take any other step within the specified time –
(a) shall state the circumstances under which such default was made,
and
(b) whether or not the party whose main case or interlocutory
application was dismissed, had previous to such dismissal,
engaged an advocate to conduct the main case or interlocutory
application.

****
58 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.9.R.18

CHAPTER X
PREPARATION OF CASES
Computer-Sheet
1. Every main case shall be accompanied by the ―computer sheet‖ in Form
No. 3, on ledger paper, duly filled by the appellant, applicant or petitioner or by
his advocate, containing following information –
(1) Class of the Case,
(2) Case Number (to be filled by the Registry),
(3) Whether cognizable by a division bench or a single bench (to be
filled by the Registry),
(4) Name of the first party on either side,
(5) Date of filing,
(6) Date of Registration (to be filled by the Registry),
(7) Subject Matter,
(8) Provision of law,
(9) Subject Category Code, (As per Annexure)
(10) Name and State Bar Council Enrollment Number of the main
advocate,
(11) Name & State Bar Council Enrollment Number of other advocate
(s) signing vakalatnama,
(12) Particulars of the lower Court, Authority or Tribunal etc., i.e.-
(a) name,
(b) designation,
(c) case, file / order number,
(d) date of impugned judgment / order,
(13) Whether the appellant, applicant or petitioner is desirous of getting
the matter settled through any of the alternative modes of dispute
resolution,
(14) Caveat notice, whether received,
(15) Name and signature of the advocate filing main case.
Preparation of Memorandum of Appeal, Petition, Application etc.
2. Every -
(1) memorandum of appeal including a writ appeal,
(2) memorandum of objection under order XLI rule 22 of the Code of
Civil Procedure, 1908,
(3) application, interlocutory or otherwise,
Ch.10. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 59

(4) petition including a writ petition,

(5) return, reply or rejoinder,
(6) list of document or
(7) affidavit;
- in a civil or criminal matter, including a copy thereof where it is
required to be served upon the other party under the Rules, shall be –
(a) written in English or Hindi- preferably in English,
2
{ 1[(b) neatly typed or printed on both sides of A4 size 4[white]
paper having not less than 75GSM. leaving a margin of not less
than 1.5‖ on the Top and Bottom and 1.75‖ margin Left and at
least 1.0‖ margin Right.]
(c) It shall be printed using one and half line space, font size of 14
(for quotations and indents font size 12 in single line spacing)
and font face Times New Roman. Copy for opposite party be on
white durable paper.}
3
[(d)] signed and dated by the applicant, appellant, petitioner or
opposite party or by his advocate and where the petitioner is
illiterate, bear his thumb mark attested by the signature of at
least one literate person, giving his name and address below
his signature.
3. (1) Every -
(a) memorandum of appeal civil or criminal,
(b) memorandum of objection under order XLI rule 22 of the
Code of Civil Procedure, 1908,
(c) a writ or revision (civil or criminal) petition,
(d) an application under section 482 of the Code of Criminal
Procedure, 1973,
(e) return or rejoinder in a writ petition,
- shall be in paper-book form, enclosed in cover with page
numbers & index in Form No. 4; and shall be filed in two
identical sets in a division bench case.
(2) Every application interlocutory or otherwise, relating to a criminal
5
[/civil] matter shall be accompanied by -
1. Substituted by Notification published in M.P. Gaz., Part 4 (Ga), dt. 02.10.2020, Page 1310.
2. Substituted by Notification published in M.P. Gaz, Part 4 (Ga), dt. 19.06.2020, Page 777.
3. Renumbered by Notification published in M.P. Gaz., Part 4 (Ga), dt. 24.01.2020, Page 68.
4. Inserted by Notification published in M.P. Gaz., Part 4 (Ga), dt. 22.12.2023, Page 1450.
5. Substituted by Notification published in M.P. Gaz, Part 4(Ga), dt. 22.12.2023, Page 1450.
60 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.10. R.3

(a) 1[one extra copy] certified to be true by the party supplying

them or his advocate, in a division bench case or in an
application for bail or stay of proceedings in a case pending
before a Court of Session; and
(b) 1[one extra copy] in every other case.
(c) Every memorandum of appeal, petition or application in a civil
or criminal main case shall be accompanied by one copy of
cause title for office use.
3
[(3) (a) in all writ petitions filed under Article 226, 227 of the
Constitution of India no separate application for interim relief is
to be filed. An interim relief shall be claimed in the petition
itself. However, a prayer for any interim order which is required
in the pending petition would have to be sought for by way of a
separate application with affidavit.
(b) in all other cases (except writ petition filed under article 226 and
227 of the Constitution of India), a separate application seeking
an interim order has to be filed along with the main case.]
4. Every memorandum of appeal, petition or application, interlocutory or
otherwise shall be headed ―In the High Court of Madhya Pradesh, Principal
Seat at Jabalpur/Bench at Indore/Bench at Gwalior‖, as the case may be.
5. Immediately below the heading, the class of case, the cause title and
provision (s) of law under which the main case is filed, shall be mentioned in
that order.
6. (1) In a pending 2[or disposed] main case no interlocutory application,
return / reply, rejoinder, affidavit, or documents shall be filed unless
a copy thereof has been previously served on the advocate of the
opposite party or parties if there be more than one and advocate for
co-respondent (s), who has or have entered appearance through an
advocate. The advocate served with such copy shall acknowledge
receipt of the same by endorsement on the original, writing his
full name below the signature.
Where such party has appeared but not represented by an
advocate, a copy of such documents as hereinabove mentioned shall
be sent to such party by speed / registered post or through approved
courier service and this fact shall be endorsed by the applicant on the
document and the document shall be filed along with receipt of the
same.
1. Inserted by Notification published in M.P. Gaz. Part IV(Ga) dt. 30.12.2016, Page 1164.
2. Inserted by Notification published in M.P. Gaz., Ext, dt. 29.07.2022, Page 862, w.e.f. D.O.P.
3. Substituted by Notification published in M.P. Gaz, Part 4(Ga), dt. 22.12.2023, Page 1450.
Ch.10. R.4 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 61

Note - Where the Court orders filing of an affidavit, a copy of the

affidavit so filed, shall be served on the advocate of the opposite
party and advocate of co-respondent (s) a week before the date of
hearing or within such time as may be specified by the Court.
(2) Where the advocate for the opposite party, advocate for co-
respondent or any of them refuses or neglects to sign such
acknowledgement, the applicant shall make an endorsement in the
margin of the application stating clearly the name of the advocate
upon whom and date, time, and place at which such service was
sought to be effected:
Provided that where the advocate for the opposite party or co-
respondents refuses to accept the copy, he may record his reasons for
such refusal on the original application or document.
(3) Where the advocate for any of the opposite parties or co-
respondents is not to be found in the High Court premise, when the
service is sought to be effected, and there is no possibility of service
before presentation, the applicant shall send the copy to the postal
address of the advocate of the opposite party or such party by
speed/registered post or through approved courier and file the
document along with receipt for the same.
(4) No interlocutory application, return/reply, rejoinder, affidavit, or
documents mentioned in rule 3(1), shall be accepted in the filing
centre without such acknowledgement, receipt or endorsement and
no undertaking to effect the service later, shall been tertained:
Provided that the provisions of this rule shall be deemed to
have been complied with if one copy is served upon the advocate
representing more than one of such parties.
Explanation- For the purposes of this rule, any reference to
advocate shall be deemed to include his registered clerk also, who
shall mention the name of the advocate, on whose behalf he receives
the copy.
7. Separate petitions shall be made in regard to distinct subject matters:
Provided that one petition may be filed challenging more than one
order passed in the same case on the same day, with the leave of the Court and
subject to the law related to Court fees.
8. Every document whether presented along with a main case or in a pending
main case, shall be accompanied by a list in Form No. 5 1[; and where
such documents are not fairly legible, by a legible typed copy thereof:

1. Inserted by Notification published in M.P. Gazette, Part 4(Ga) dated 06.04.2018, Page 84
62 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.10. R.7

Provided that, where certified copies are filed, typed copies thereof shall
not be required to be filed.]
9. Wherever it is imperative to file certified copy of judgment/order
complained of with an appeal, petition or application and where provisions of
the Limitation Act, 1963, do not apply, the day on which the judgment or order
complained of, was pronounced and the time requisite for obtaining such copy,
shall be excluded in computing the period of limitation prescribed for that
appeal, petition or application.

A. CIVIL MATTERS
10. The cause title of every memorandum of appeal, memorandum of
objection under Order XLI, rules 22 & 26, petition for writ, review or
revision or an application required to be registered as a miscellaneous civil case
shall contain -
(1) the name, description, registered address in terms of order VI, rule
14-A of the Code of Civil Procedure, 1908, and fax number with
S.T.D. Code and e-mail address, if any; of each appellant, petitioner or
applicant, as the case may be, where such appellant, petitioner, or
applicant is a private person,
(2) the name, description, registered address in terms of order VI, rule
14-A of the Code of Civil Procedure, 1908, and fax number with
S.T.D. code and e-mail address, if known; of each person arrayed as
respondent or opposite party, where such respondent or opposite
party is a private person,
(3) the status (whether plaintiff, defendant, applicant or non-applicant etc.)
of the parties in the Court of first instance except in the cases where
original jurisdiction of the High Court is invoked.
11. Below the provision (s) of law under which the main case is filed,
following shall be mentioned-
(1) the valuation and Court fees payable and paid in the main case,
(2) the valuation and Court fees in original suit and in appeal, if any,
12. Every memorandum, petition or application as mentioned in rule 2 of this
chapter shall contain-
(1) particulars of original and/or appellate Court, i.e.
(a) case number in which such decree/judgment or order was passed,
(b) date of the decree / judgment or order, and
(c) the name of the Judge and designation of the Court,
(2) a brief statement of facts of the case in petitions for review or
revision,
Ch.10. R.9 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 63

(3) grounds of appeal or objection, numbered ad seriatim, except in a

second appeal,
(4) precisely, summary of facts and grounds and the substantial
question (s) of law involved, in a second appeal,
(5) valuation of the subject matter in dispute in appeal, review or
objection with reasons therefor,
(6) separate valuation of each distinct relief with reasons in the cases
covered by section 17 of Court Fees Act, 1870,
(7) The relief sought.
13. In the last paragraph of every main civil case the appellant/petitioner/
applicant shall unequivocally state that no notice of lodging a caveat by the
opposite party is received by him or if notice of caveat is received, whether the
appellant / petitioner / applicant has furnished the copies of the memo of
appeal / petition / application, together with copies of the annexure, if any, to
the caveator.
14. Every contempt petition (civil) shall disclose whether any writ appeal or
special leave petition has been filed, challenging the order, in respect of
which contempt has been averred. Where the order has been so challenged, the
petitioner shall also disclose the status of such appeal or petition. 2[ Contempt
Petition (Civil) shall be so far as may be in Format No. 41.]
15. A memorandum of miscellaneous appeal u/s 173 of the Motor Vehicles
Act, 1988, shall, so far as may be in Format No. 6.
1
[15A A Memorandum of Arbitration Case under Section 11 of the
Arbitration and Conciliation Act, 1996 shall be so far as may be in Format
No. 6A.]

16. Every –
(1) memorandum of appeal and petition for writ, review or revision shall
be accompanied by an index and chronology of events sufficient to
enable the Court to comprehend the nature and scope of the dispute;
(2) memorandum of appeal shall be accompanied by a certified copy of
the impugned judgment, and in case of second appeal, true copy of the
judgment of original Court also;

1. Added by Notification published in M.P. Gaz. Part 4(Ga), dt. 24.01.2020, Page 68.
2. Added by Notification Published in M.P. Gaz., Part 4(Ga), dt. 03.03.2023, Page 253, w.e.f.
D.O.P.
64 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.10. R.13

(3) memorandum of appeal under section 301[(1)] (a) of the Workmen‘s

Compensation Act, 1923, by an employer shall be accompanied by a
certificate issued by the Commissioner to the effect that the appellant
has deposited with him the amount payable under the order appealed
against; and
(4) review or revision petition shall be accompanied by a certified copy
of the order or decree/judgment/award:
Provided that where two or more cases are tried together and
decided by a common judgment and two or more appeals are filed
against such judgment, whether by the same or different appellants, the
Registrar may, on being satisfied that the questions for decision are
analogous in such appeals, dispense with the production of more than
one certified copy of the judgment;
(5) contempt petition (civil) shall be accompanied by a certified copy of
the judgment, decree or order.
2
[(6)application for restoration/readmission/rehearing shall be accompanied
by a certified copy of the order or decree/judgment/award.]
17. A revision petition for the exercise of the power conferred by section 115
of the Code of Civil Procedure, 1908, shall set out clearly how and in what
manner the subordinate Court has exercised a jurisdiction not vested in it by
law or has failed to exercise a jurisdiction so vested, or the particular
illegality or irregularity complained of, as the case may be; and also that if the
order had been made in favour of the party applying for revision, it would have
finally disposed of the suit or other proceeding.
18. A revision petition for which no specific statutory limitation is prescribed,
will be treated as prima facie made without such diligence as ought
ordinarily to be shown, to entitle the petitioner to relief, if the period from the
date of the impugned order to the date on which the petition is filed in Court,
excluding the time requisite in obtaining certified copy of impugned order, is
more than 90 days.
19. A petition for the exercise of the power conferred by section 25 of the
Provincial Small Cause Courts Act, 1887, shall specify as to how the decree or
order of the Court is not according to law.
20. All petitions for restoration of Civil Revision dismissed for default by the
Court shall be treated as prima-facie made without such diligence as ought
ordinarily to be shown, to entitle the petitioner to the relief, if the period
from the date of the impugned order to the date on which the petition is made
excluding the time requisite in obtaining certified copy of the impugned order,
is more than 30 days.
1. Inserted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 29.05.2009, Page 356, w.e.f.
15.06.2009.
2. Added by Notification Published in M.P. Gazette, Part 4 (Ga), Dated 06.04.2018, Page 84.
Ch.10. R.17 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 65

21. An advance notice may be given by the advocate for the party who is
proposing to file an appeal (other than a second appeal) or revision, to the
advocate for the opposite party in the lower Court, so as to enable him to
inform the parties to appear, if they so elect, even at the first hearing of the
appeal.
Where a memo of appearance is filed on behalf of such a party, the name
of advocate shall be published in the cause list for the date of hearing.
22. An advance notice shall be given by the advocate for the party who is
proposing to file any proceeding, including a review petition or an application
for restoration, arising out of a main case, to the advocate for the opposite party
and where service is so effected, the name of advocate for the opposite party
shall be published in the cause list for the date of hearing in such proceeding.

Writ Petition under Article 226 of the Constitution of India.

23. (1) Petition for 2[quashing a criminal case,] a direction, order or writ
including writs in the nature of mandamus, prohibition, quo- warranto
and certiorari, or any of them, shall, as far as possible, be filed in the
Format No. 7 and shall, as far as possible, conform to the provisions
of order II rule 1, 2 and 3 of the Code of Civil Procedure, 1908.
(2) Such petition shall -
(a) be accompanied by original or certified copy or true copy of order
or decision, if any, complained of;
1
[(b) be supported by an affidavit verifying the facts relied on and
annexures filed therewith.]
(3) It shall not be necessary to present a separate application to seek
interim order or direction if the same is prayed for in the original
petition.
(4) When a petitioner relies upon document (s) in his possession or power,
he shall file those documents along with his petition. Where such
document is hand written or is not fairly legible, it shall be
accompanied by true, typed or printed copy thereof.

1. Substituted by Notification published in M.P. Gaz. (Ext.) dt. 30.07.2010, Page 802, w.e.f.
10.08.2010.
2. Inserted by Notification Published in M.P. Gaz, Part. 4(Ga), dt. 24.01.2020, Page No.68
66 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.10. R.21

(5) Every page of a document, annexed to any petition, return, rejoinder or

affidavit, shall be attested by the filing advocate or by the party
swearing the affidavit as true copy of the original and full name of
the signatory to the attestation shall be given under the signature.
(6) Where the petitioner relies on any other documents, which are not in
his possession or power as evidence in support of his petition, he shall
enter such documents in a list to be annexed to the petition.
24. The Registrar shall require the Central Government and all local or other
authorities under the control of the State or Central Government operating
within the territory of the State of Madhya Pradesh to inform the High
4 4 4
Court [,] the name [,office] address [,phone number(s) and e-mail
address (if any)] [ [* * *] of the advocate, 3[* *,] for the Principal Seat of
2 1

the High Court at Jabalpur and Benches at Indore and Gwalior, who is
authorized to accept service on their behalf. Such information shall be
maintained in the form of a Register and shall be made available to the Bar.
Whenever such advocate is changed, intimation of such change shall be given
to the Registrar, who shall notify it to the Bar.
Provided that it shall not be incumbent upon any such local or other
Authority to authorize an advocate for accepting service on its behalf.

25. Where the petition is against the State Government, Central Government,
6
[* * * ], the petitioner shall serve a copy of the petition together with
annexure and the application for interim relief, if any, in advance to the
Advocate General‘s office, advocate authorized to accept service on behalf
of the Central Government 6[* * * ], as the case may be, 5[The advocate
who has been so served shall acknowledge receipt of the same by endorsement
on the original petition, writing his full name below the signature. Such
acknowledgment together with a declaration in following format shall be filed
with the petition.

1. Words inserted by Notification published in M.P. Gaz. (Ext.) dt. 07.06.2012, Page 532(9).
2. Notification for FOOT-NOTE-2 withdrawn by Notification Published in M.P. Gaz, Part.
4(Ga) dt,18.01.2019, Page No. 64.
3. Deleted by Notification Published in M.P. Gaz, Part. 4(Ga) dt. 18.01.2019, Page No. 64.
4. Inserted by Notification Published in M.P. Gaz, Part. 4(Ga) dt. 18.01.2019, Page No. 64.
5. Words & figure added by Notification published in M.P. Gaz, (Ext.) dt. 07.06.2012, Page
532(8).
6. Deleted by Notification published in M.P. Gaz., Ext, dt. 29.07.2022, Page 862, w.e.f. D.O.P.
Ch.10. R.24 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 67

DECLARATION
(Under rule 25 chapter X)
The Copies, as required by rule 25 of chapter X of the High Court of
Madhya Pradesh Rules, 2008, have been served upon . . . . . . . (the person
upon whom the copies have been served) at . . . …. (time) on………… (date)
in …………….. . . . . . . (place).
Advocate for the Petitioner]
and file acknowledgement of the same.
On filing such acknowledgement 1[and declaration] name of the advocate,
so served, shall be published in the cause list.
1
[No petition shall be accepted in the Filing Centre without such
acknowledgement and declaration except where the counsel for a party certifies
under his signature that the counsel for the opposite party has refused to sign
the acknowledgment.]
Habeas Corpus
26. (1) A petition for direction, order or writ in the nature of Habeas Corpus
under Article 226 of the Constitution of India, shall be accompanied by
an affidavit of the person restrained, stating the nature and
circumstances of the restraint and whether any previous application
had been filed, if so, its result:
Provided that a person detained in jail may submit his petition
through the Superintendent, Jail;
Provided further 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 and such affidavit shall also state the reason why the person
restrained is unable to make the affidavit himself;
Provided further that if the applicant is unable to swear an
affidavit or to get one sworn owing to the restraint or other reasonable
cause, he may submit the application without an affidavit, giving
reasons why no affidavit has been filed.
(2) Provisions contained in this rule shall apply mutatis mutandis to an
application made by a person other than the detenue or the person
restrained.
(3) In any case in which the High Court orders any person in custody to
be brought before it, or before a Court-martial, or before any
Commissioner, or to be removed from one custody to another, a
warrant shall be prepared and signed by the Registrar under the seal
of the High Court.
1. Paragraph added by Notification published in M.P. Gaz. (Ext.) dt. 07.06.2012, Page 532(8).
68 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.10. R.26

(4) The affidavits filed in these proceedings shall conform to chapter IX

of these Rules.
Regular Public Interest Litigation
27. A writ petition filed in public interest, shall as far as possible be in Format
No. 8 and disclose -
(1) petitioner‘s social public standing / professional status and public
spirited antecedents;
(2) facts constituting the cause;
(3) nature of injury caused; and
(4) nature and extent of the personal interest of the petitioner involved in
the cause, if any.
28. A writ petition filed in public interest shall be supported by prima facie
proof on an affidavit of the petitioner on substantive averments / allegations as
far as practicable.
29. A writ petition filed in public interest shall contain a statement/declaration
of the petitioner that to his knowledge, issue raised was not dealt with or
decided and that a similar or identical petition was not filed earlier by the
petitioner or by any other person and in case such an issue was dealt with or a
similar or identical petition was filed earlier, its status or the result thereof.
1
[Miscellaneous Petition] under Article 227 (1) of the Constitution of
India.
30. (1) A petition under Article 227 (1) of the Constitution of India shall, as
far as possible, be in Format No. 9 and state -
(a) the designation of the Court/tribunal and name of the Judge/
Presiding Officer by whom the decree or order impugned was
passed, and if the decree or order was passed in appeal, the
designation of the original Court/tribunal and name of the
Judge/officer presiding over it and date of such decree/order;
Provided that the Presiding Officer of the Court or the Tribunal
shall not be impleaded as party to the petition;
(b) the grounds on which the relief is sought and also such material
facts as may be necessary for the proper determination of the
case;
(c) the nature of the relief and direction sought;
(d) where a petition has been made or proceedings initiated earlier, on
the same facts and/or for the same relief, the petitioner shall
furnish details thereof with status and certified copy of relevant
orders.
1. Words substituted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 13.03.2015, Page 54.
Ch.10. R.27 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 69

(2) The petition shall be accompanied by the certified copy of the

judgment, order or decision (if any) complained of.
3
[(3) The petition shall be supported by an affidavit verifying the facts
relied on and annexures filed therewith.]
1 5
[ [(4)] Provisions of rule 25 shall apply to the 2[miscellaneous petitions]
under article 227(1) of the Constitutions of India also.]
6
[(5) If a Writ Petition is filed under Article 226 and 227 of the
Constitution of India, then the nomenclature ―Writ Petition‖ will not be
changed by the Registry and it is for the Hon‘ble Court to decide
whether the writ petition is to be entertained under Article 226 or as
Miscellaneous Petition under Article 227 of the Constitution.]
31. No relief of an interlocutory nature shall be granted unless a separate
application in that behalf is made.
Writ Appeals
32. In computing the period of limitation for an appeal under section 2 (1) of
the Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam,
2005, the time requisite for obtaining a certified copy of the judgment or order,
shall be excluded.
33. The memo of appeal under section 2 (1) of the Madhya Pradesh Uchcha
Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005, shall bear the same
Court fee as on a writ petition and shall be accompanied by one certified copy
along with one photo copy of the judgment or order appealed from.
7
[34. A writ appeal, with annexures and documents (if any) shall be filed in
two identical sets in paper-book form, enclosed in a cover with page numbers
and index. The Registry shall place the record of writ petition along with the
writ appeal.]
4
[ * * *]
35. No relief of an interlocutory nature shall be granted unless a separate
application in that behalf is made.
1. Inserted by Notification published in M.P. Gazette (extra) dt. 07.06.2012, Page 532(8).
2. Words substituted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 13.03.2015, Page
54.
3. Inserted by Notification published in M.P. Gazette (extra) dt. 30.07.2010, Page 802, w.e.f.
10.08.2010
4. Added by Notification published in M.P. Gazette (extra) dt. 07.06.2012, Page 532(9)
5. Renumbered by Corrigendum published in M.P. Gazette, Part 4 (Ga), dated 14.09.2018,
Page 881.
6. Numbered as sub-rule (5) by Corrigendum published in M.P. Gazette, Part 4(Ga), dated
14.09.2018, Page 882.
7. Substituted by Notification Published in M.P. Gazette, Part 4 (Ga), dt. 22.04.2022, Page
171.
70 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.10. R.31

Caveat
36. A person claiming a right to be heard in a civil or writ case before a
stay or an interim relief is granted by the Court may at any time, file a
Caveat.
37. A person intending to lodge a caveat, shall serve a notice of caveat by
registered post with acknowledgement due or by approved courier service, on
the person by whom the appeal/petition/application has been, or is expected
to be made, furnishing following particulars regarding the judgment/order etc.
in respect whereof the caveat is sought to be filed -
(1) the date of judgment/order etc.,
(2) name of the Court, if any,
(3) the cause title and case number, if any,
(4) government/designation of the authority, and
(5) particulars of the order etc.,
- accompanied by a receipt evidencing dispatch of caveat
The caveator may, thereafter present caveat furnishing aforesaid
particulars in Format No. 10.
Provided that:
(a) Where the caveator is represented by an advocate, his vakalatnama
shall accompany the caveat.
(b) If the caveat is filed in person, his full postal address, telephone
number, fax number with S.T.D. Code and e-mail address, if any,
shall be furnished.
(c) In case the caveator is an outsider, he shall give his or his
authorized agent‘s local address.
38. A caveat shall remain in force for a period of 90 days from the date of
presentation.
Interlocutory Applications
39. If an interlocutory application is filed in a main case, pending in the High
Court, the class and number of such main case shall be set out in the cause
1
title [and the interlocutory application so filed will be numbered as I.A No.
…………./Year followed by the case number of the main case as per format
detailed in format Number 40.]
40. An interlocutory application shall ordinarily not contain more than one
relief. However where more than one relief is asked for, extra Court fees
shall be paid for each of such additional relief.
1. Inserted by Notification Published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 253, w.e.f.
D.O.P.
Ch.10. R.36 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 71

Taxation Cases
41. All main cases under taxation statutes shall be prepared, processed, listed
and heard in accordance with the rules framed by the High Court under
those statutes.
1
[Provided that after receiving a Tax reference from the Tribunal, the
same shall be placed before the concerned Court for necessary orders.]
Election Petitions
42. All election petitions shall be prepared, processed, listed and heard in
accordance with the Rules relating to election petitions framed by the High
Court.

B. CRIMINAL MATTERS
43. The cause title of every memorandum of appeal, petition or application
shall contain –
(1) the name, description and address with police station of each appellant,
petitioner or applicant;
(2) the name, description and address with police station of each person
who is proposed to be made the opposite party;
(3) the status (whether prosecution, complainant, applicant, accused or
non-applicant etc.) of the parties in the Court of first instance
44. Every memorandum of appeal or revision petition shall have endorsed,
immediately below the provision under which such memorandum or petition is
filed, the provision of law under which the conviction is recorded and the
details of the sentence imposed, including fine, if any.
45. (1) Every memorandum, petition or application to initiate a main case shall
state clearly –
(a) (i) the name of the Judge and designation of the Court;
(ii) date of the impugned judgment/order; and
(iii) case number in which such judgment / order was passed
- by the original and/or appellate Court,
(b) facts of the case in brief;
(c) grounds, numbered serially; and
(d) relief prayed for.
1. Added by Notification Published in M.P. Gaz, Part 4(Ga), dt. 31.12.2021, Page 1470.
72 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.10. R.41

(2) Every such memorandum, petition or application, shall be

accompanied by a certified copy of the impugned judgment or
order 1[ 2{and if any annexure filed shall be certified as true copy by
the filing advocate or by the party} and that of the judgment or
order of the Court of first instance where the impugned judgment or
order was passed in an appeal or a revision. Provided that the Court
may dispense with the requirement of filing certified copy of the
order of the Court of first instance at the stage of admission if a
true copy thereof is filed on affidavit or a copy thereof is
certified as true by the Counsel.]
(3) Where the Court has ordered notice to be issued, the appellant,
petitioner or applicant shall supply as many legible typed/printed
copies or photocopies of memorandum of appeal, petition for revision,
application for grant of bail or application for grant of any urgent
relief pending appeal or revision, or affidavit, certified to be correct by
the party supplying them or his advocate, as there be parties to be
served:
No notice shall be issued from the office until the required
number of such copies have been supplied.
46. It shall be stated in the first paragraph of every criminal appeal, revision
petition or application as to whether it is first or subsequent appeal, revision or
application against the impugned order. If subsequent, the particulars and
result of earlier proceedings shall be disclosed.
47. It shall also be stated in the first paragraph of every revision petition,
against the order of a Magistrate, that the petitioner (s) have not filed any
revision petition against the impugned order or judgment before the Court of
Session.
48. A memorandum of appeal or revision petition against conviction, except in
cases where the sentence has been suspended by the Court below, shall
contain a declaration to the effect that the convicted person is in custody or has
surrendered after the conviction.
Where the sentence has been so suspended, the factum of such suspension
and its period shall be stated in the memorandum of appeal or revision petition,
as also in the application under section 389 of the Code of Criminal Procedure,
1973.
An application under section 389 of the Code of Criminal Procedure, 1973
shall, as far as possible, be in Format No. 11 and shall be accompanied by an
affidavit of the appellant/applicant or some other person acquainted with the
facts of the case.
1. Inserted by Notification published in M.P. Gazette (extra) dt. 07.06.2012, page 532(7).
2. Added by Notification published in M.P. Gazette Part IV(Ga) dt. 02.06.2017, page 233.
Ch.10. R.46 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 73

49. No criminal appeal, revision petition or application for grant of bail or any
other urgent relief shall be entertained unless a copy thereof along with the
copy of judgment or order appealed against or sought to be revised or copy of
the order refusing bail passed by the Sessions Judge has been delivered in the
office of the Advocate General and acknowledgement thereof obtained on such
memorandum, petition or application.
However, where the case had been investigated and prosecuted by Central
Bureau of Investigation, such copy shall be served upon the standing counsel
for that bureau.
1
50. [Nothing hereinbefore contained in this chapter shall apply to criminal
appeals and revisions preferred by a person confined in prison and sent
through the officer-in-charge of the jail.]
Appeals & Revisions by Prisoners
51. A Petition of appeal or revision may be presented to the Officer-in charge
of the jail, in which the prisoner is lodged, by the prisoner in person.
52. A memo of appearance or vakalatnama, if filed, shall be signed by the
prisoner and forwarded by the officer – in – Charge of the jail under his
signature.
53. The Officer-in-charge of the jail shall forthwith forward such petition of
appeal or revision together with the copy of judgment or order appealed
against or sought to be revised in Form No. 12, to the Sessions Judge of
the concerned district. The Sessions Judge shall immediately transmit such
appeal with entire record of the case to the Registrar of the High Court, who
shall forward the same to the Section Officer/ Assistant, filing centre for
processing.
Entire process shall be expedited by all concerned, particularly where the
awarded sentence is of short duration,
Bail Applications
54. An application under section 438 and 439 of the Code of Criminal
Procedure, 1973, shall, as far as possible be in the Format Nos. 13 and 14
respectively, and shall contain name of the police station and crime number
2
[and if any annexure filed shall be certified as true copy by the filing
advocate or by the party].
55. An application under section 438 of the Code of Criminal Procedure, 1973,
shall be supported by an affidavit of the applicant or some other person
acquainted with the facts of the case.
1. Substituted by Notification published in M.P. Gazette IV (Ga), dt. 29.05.2009, page 356,
w.e.f. 15.06.2009
2. Inserted by notification published in M.P. Gazette Part 4(Ga), dt. 02.06.2017, page 233.
74 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.10. R.49

56. An application under section 439 of the Code of Criminal Procedure, 1973,
filed on the instructions of a person other than the accused confined in prison,
shall be accompanied by an affidavit.
57. Where the number of accused persons is more than one, the affidavit
mentioned in rule 56 shall state that to the best of the knowledge of the
affiant, no bail application has been moved by any of the co-accused persons
and if such an application has been moved, details (such as institution number,
whether pending, if not, date of the order and coram of Judges deciding the
application etc.) shall also be disclosed.
58. No application under section 438, 439 or 389 of the Code of Criminal
Procedure, 1973, for the grant of bail or suspension of sentence, shall be
entertained, unless it contains an averment that a similar application relating
to the same subject matter has or has not been made to the Supreme Court,
High Court and/or Court of session and if made, the date of presentation, date
of disposal, result thereof and coram deciding the application, shall also be
disclosed.
59. A first application for bail shall be accompanied by a certified copy of the
order rejecting bail, if any.
60. Every subsequent application under section 438 or 439 of the Code of
Criminal Procedure, 1973, shall be accompanied by certified copies or
1
photocopies of certified copies of orders deciding earlier applications. [The
applicant shall file certified copies of the order passed by the Supreme Court
and copy of the last order passed by the High Court rejecting the
application.]

****

1. Inserted by Notification published in M.P. Gazette (Ext.) 26.08.2013, page 769.

Ch.10. R.56 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 75

CHAPTER XI
PRESENTATION AND PROCESSING OF CASES
1 2
1. [ [Except in cases of e-filing,] Every -
(1) main case,
(2) interlocutory application, or
(3) any other document in a main case,
- shall be presented in the presentation centre of the High Court
during working hours by any party or his recognized agent or counsel,
in person.]
Note:- No main case and interlocutory application or other document
therein, sent by any other mode of communication including post,
messenger, courier, fax, e-mail etc., shall be entertained, except -
(a) where such communication has been received from a prisoner, it
shall be placed before the Registrar for orders, who may in his
discretion treat it as properly filed; or
(b) where it has been moved by way of letter petition:
Provided that an application u/s 11 of the Arbitration and
Conciliation Act, 1996, shall be presented before the Registrar.
Provided further that following kinds of cases shall be
filed by the applicant/petitioner in person before the Registrar -
(i) an election petition under section 81 of the Representation of
3
[the People] Act, 1951.
(ii) an application under order XLIV rule 1 of the Code of Civil
Procedure, 1908.
Presentation Assistant
2. Every main case, except otherwise provided, shall be presented to any
presentation assistant in the presentation centre, who shall –
(1) affix following seal on the opening note sheet and take signature of
the person filing the case, beside the seal;
……………………...(Class of case)
With………………..(Interlocutory Application)
Presented on …………………..
By ………………………...
Presentation Assistant
1. Substituted by Notification published in M.P. Gaz, Part 4 (Ga) dt. 29.05.2009, Page 356,
w.e.f. 15.06.2009.
2. Words added by Notification published in M.P. Gaz, Part 4 (Ga), dt. 19.06.2020, Page 777.
3. Substituted by Notification published in M.P. Gaz, Part 4 (Ga), dt. 28.06.2019, Page 745.
76 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.11. R.1

(2) affix following seal in the margin of the title page of the
memorandum of appeal, application, or petition and sign it;
Presented on……………………....
By ………………………………......
Presentation Assistant
(3) enter the class of case in the computer, which shall automatically
generate institution number and a 10 digit unique case number;
(4) write the institution number and unique number of the case on the title
page of the appeal, application or petition and also on the opening
order Sheet;
(5) issue computer generated acknowledgement slip in the following
format;
Presented by…………………..…...
on……....……… at …………..........
…………………...Vs ………….……
Institution Number……………….….
Unique Case Number………….…….
Presentation Assistant
(6) cancel the Court fee stamps by punching out the figure-head so as to
leave the amount designated on the stamp untouched, and by burning
or otherwise destroying the part removed by punching;
(7) enter in the computer complete description of the first petitioner/
applicant/appellant and first respondent/non applicant and names of
their advocates;
(8) enter in the computer details of the case, if any, out of which the main
case arose;
(9) pass on the main case to scrutiny assistant. However, where the main
case is accompanied by interlocutory application (s), the same shall be
passed on to the receiving assistant for entry of such application (s) in
the computer; and
(10) generate detailed list of all main cases filed during the course of the
day.
At the end of the month, all such daily lists shall be compiled and
bound to prepare a monthly Institution Register.
Ch.11. R.2 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 77

Calling for Records in Criminal Appeals or Revisions (Against

Conviction)
3. Upon registration of a criminal appeal or revision against conviction,
record of the lower Court (s) shall be requisitioned immediately with a
direction to transmit the same within a week from the date of receipt of
requisition.
Receiving Assistant
4. All interlocutory applications, documents along with list, returns, replies,
rejoinders, vakalatnamas, memos and process applications etc., filed in a
pending main case, shall be received by a receiving assistant, in the
presentation centre, who shall –
(1) enter details of interlocutory application documents, returns, replies,
vakalatnamas, memos and process applications etc. in the computer
and write automatically generated annual serial number on such
document;
(2) issue computer generated acknowledgement slip for all
interlocutory applications, filed in a pending main case, in following
format;
Institution Number…………………….
Unique Case Number………………….
Annual Serial Number………………….
Nature of Application………………….
Presented by…………………………...
on…........…………at…………......……
Receiving Assistant
(3) issue acknowledgement of all documents other than interlocutory
applications, in following format, on a photocopy thereof, which shall
be made available for the purpose by the person filing the documents;
Received document (s) as per list, in case no. ………….
on……………… at…………………….
Receiving Assistant
(4) After entry in the computer, the receiving assistant shall send the main
case accompanied by interlocutory applications to the scrutiny assistant.
All other interlocutory applications, filed subsequently and
documents, returns, rejoinders, vakalatnamas and memos etc. shall be
sent to the Section Officer/Assistant of concerned branch.
78 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.11. R.3

Note: No document mentioned under rule 4, filed on a particular day,

shall be sent directly to the Court, for being placed on the record of a
case, listed the same day, unless requisitioned by the Court.
Scrutiny Assistant
5. After receipt and registration, a main case shall be passed on to the scrutiny
assistant, who shall -
(1) scrutinize the case for defects;
(2) count the value of Court fees stamps affixed on memo of appeal,
petition or application interlocutory application, affidavit,
vakalatnama or document separately and enter the same in following
seal to be affixed on the reverse side of the first page of the memo of
appeal, application or petition;
COURT FEES
Main Case………………………………..
Interlocutory application…………………
Affidavit………………………………….
vakalatnama …………………………….
Memo of Appearance……………………
Document………………………………..
Total……………………………………..
Scrutiny Assistant
(3) ensure that computer category code number is entered in the computer
sheet required to be filled by the advocate. If computer category code
number is not mentioned or has been erroneously mentioned, he shall
ascertain and fill correct code number;
(4) prepare file cover of ‗A‘ file and spare set in division bench cases;
(5) prepare a list of all cases which are found to be defective in any respect
by 1.30 P.M. and display the same on the Notice Board of the section,
at 2.15 P.M. Likewise he shall prepare a list of all cases which are
found to be defective in any respect by 4.15 P.M. and display the same
on the Notice Board of the section, at 4.30 P.M.;
(6) place such cases as he considers to be either not maintainable for any
reason or beyond the territorial jurisdiction of the Principal Seat or
the Bench, as the case may be, before the Section Officer/ Assistant,
Presentation Centre, for orders in terms of rule 11 of this chapter;
(7) prepare a note in every contempt petition (civil), if any writ appeal or
special leave petition (S.L.P.), challenging the order, has been
preferred and its status.
Ch.11. R.5 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 79

6. Where the scrutiny assistant is of the opinion that Court fees payable on
a main case can not be determined for want of lower Court records, he shall
post the matter before Registrar who may in his discretion, direct that record of
the lower Court be requisitioned immediately or in his discretion may require
the parties to produce the relevant records to enable him to decide the
question of Court fees.
Default Assistant
7. If the case is found to be defective, the scrutiny assistant shall pass it
on to the default assistant, where the lawyers/litigants may rectify those defects
which they concede. The default assistant shall certify the same and pass the
case on to the entry assistant for listing before the bench.
If the defect, as pointed out, is contested or not rectified, the case shall be
passed on to the entry assistant for listing before the Registrar.
Entry Assistant
8. After scrutiny, the main case shall be passed on to the entry assistant, who
shall enter into the computer -
(1) complete description of all the parties other than first parties on
either side;
(2) computer category code/sub code verified by the scrutiny assistant;
(3) particulars of Court fees paid as recorded by the scrutiny assistant;
(4) section and provision of law under which the case is filed;
(5) whether the case is cognizable by a division bench or a single bench.
9. (1) After making the entries mentioned in rule 8-
(a) a defect-free main case, other than a regular public interest
petition, shall be posted on the question of admission before the
Court on the nearest available date by the entry assistant;
(b) a jail appeal wherein the accused is unrepresented, shall be placed
before the Registrar on administrative side for orders in terms of
rule 22 of this chapter; and
(c) a defective main case shall be posted before the Registrar for
rectification of defects, on nearest available date;
(2) Ordinarily, the date for which a main case is posted before the Court or
the Registrar, shall not be later than 5 working days from the date of
presentation of the case.
10. Where a criminal appeal or revision against conviction is accompanied
by an application for suspension of sentence, the entry assistant shall not wait
for the receipt of the record of the trial Court and post the case before the
Court for admission and consideration of the application or before the Registrar
for rectification of defect, as the case may be.
80 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.11. R.6

Section Officer/Assistant Presentation Centre

11. The cases falling under rule 5 (6) of this chapter shall be placed before the
Section Officer/Section Assistant, Presentation Centre, for consideration. If
he is of the view that the objection regarding maintainability or territorial
jurisdiction taken by the scrutiny assistant is sustainable, he shall post the case
before the Court on the question of maintainability; otherwise the case shall be
posted on the question of admission.
12. Every main case shall be posted before the Court or the Registrar by entry
assistant under the signature of the Section Officer/Assistant of presentation
centre.
Caveat
13. In the presentation centre, all caveats shall be received by caveat assistant,
who shall send it immediately to the scrutiny assistant. After scrutiny is over,
the entry assistant shall enter the caveats, other than those filed in anticipation
of writ cases, in special application software customized for caveat matching.
When the relevant case is presented and entered in the computer, the
software would alert the entry assistant about the subsistence of a caveat. In
writ cases the caveats shall be matched manually and for this purpose a
―Caveat Register for Writ Cases‖ in digital form, shall be maintained by the
entry assistant.
The Registrar
14. Except on the days that are registry holidays, the Registrar shall sit
between 1 [3 [10.30]] A.M. and 4.30 P.M., with a recess from 1.30 to 2.00
P.M.,for rectification of defects.
15. A daily cause list of all cases posted before the Registrar shall be published
in accordance with the provisions of chapter XII of these Rules. The records of
such cases shall be sent to the Registrar by the entry assistant.
16. The Registrar may grant time for rectification of defects, which shall not
2
ordinarily exceed [four months].
17. If a memorandum of appeal, petition or application is not in proper form
or is not accompanied by the necessary documents and the appellant, petitioner
or applicant fails to amend it or rectify the omission within the time fixed by
the Registrar, it shall be posted as soon as possible before a bench for orders.
The Court may, if deemed fit in the circumstances of the case extend time for
rectification of the defects.

1. Substituted by Notification published in M.P. Gaz, 4 (Ga), dt. 21.01.2022, Page 105.
2. Substituted by Notification published in M.P. Gaz. (Ext.) dt. 29.07.2022, Page 862, w.e.f. D.O.P.
3. Substituted by Notification published in M.P. Gaz. 4(Ga), dt. 07.06.2024, Page 838, w.e.f. D.O.P.
Ch.11. R.11 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 81

18. Where time for rectification of a defect is granted by the Registrar, the
record of the case shall be sent to the default assistant, who shall get the defect
rectified and certified by the Section Officer/Assistant, within the stipulated
period, failing which the case shall be sent to the entry assistant for listing
before the Court for orders in default.
The Court may, if deemed fit in the circumstances of the case, extend time
for rectification of the defect.
19. If the defect is rectified, the Registrar shall certify the same and return the
record to the entry assistant for listing before the Court for admission.
20. Once a case is listed for whatever purpose, before the Court, the record
shall not be returned to the Presentation Centre. It shall be sent to the
concerned Section Officer, for being allotted to a Dealing Assistant, who may
get the defect rectified under the signature of the Section Officer.
21. For the purposes of placement in chronological order for listing, a
defective case shall be deemed to have been filed on the date on which
the defect is rectified and shall ordinarily be listed on the date on which defect-
free cases filed on the date of such rectification, are to be listed.
22. When a jail appeal, wherein the accused is unrepresented, is placed before
the Registrar, he shall request the Secretary, High Court Legal Services
Committee to appoint an advocate for accused within a week from the date of
receipt of communication in this regard.
Assignment of Tracks to Cases
23. Customized software shall, at an appropriate stage of processing,
automatically assign different tracks to the cases in accordance with the
provisions of the High Court of Madhya Pradesh Case Flow Management
Rules, 2006.

****
82 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.11. R.18

CHAPTER XII
LISTING OF CASES
1. (1) The Registrar shall list the cases before benches in accordance with the
provisions contained in this chapter and as per the directions of the Chief
Justice.
(2) All cases, so listed, shall be published in a cause list under the signature of
the Registrar. The Section Officer/Assistant, cause list section shall be
responsible for preparation of such cause list.
(3) The cause list shall be published in the Court Notice Board. A copy of
cause list shall be sent to the Chief Justice, Advocate General and the
concerned High Court Bar Association. A copy of the cause list for
respective benches shall also be sent to the concerned Judge and his
Reader.
The cause list shall, as far as possible, be posted on official web-
site of the High Court. A copy of the cause list shall also be sent to the
concerned branch of the office.
1
[(4) Any application in a matter which is before the Court, either in the
current daily list or weekly list, shall not be accepted by the Registry,
unless the concerned Court has granted permission in that behalf.
(5) If any application is filed in a pending matter the Applicant/ Advocate
for the applicant shall declare that the ―main matter‖ is not included in the
current daily/weekly list notified by the Registrar.‖]
3
[(6)Any main case, interlocutory application or any other document in a main
case is e-filed then such main case shall be listed before the concerned
bench as soon as possible, not later than 7 working days from the date of
filing, subject to removal of defaults & pointed out by the Registry, if
any.]
2. Publication in the cause list shall be the only mode of intimation of listing of a
case. No advocate shall be entitled to intimation by any other mode unless directed
by the Chief Justice in a particular class of cases on administrative side or by
the Court on judicial side, notwithstanding the fact that all or any of the advocates
are not stationed at the place at which the case is to be heard.
Provided that a party unrepresented by an advocate shall be entitled to
intimation of listing of a case by means of a service post card (S.P.C.) 2[by
Registered Post with Acknowledgment due] issued as far as possible, 15 days
ahead of the date of hearing.
Motion Hearing
3. A daily cause list of motion hearing cases shall consist of fresh and pending
main cases -
(1) fresh cases shall be sent by the presentation centre, and
(2) pending cases shall be proposed to be listed by the Dealing Assistants.
1. Added by Notification published in M.P. Gazette Part 4(Ga), dt. 06.04.2018, Page 83-84.
2. Inserted by Notification published in M.P. Gaz, (Ext.) dt. 29.07.2022, Page 862, w.e.f. D.O.P.
3. Inserted by Notification published in M.P. Gaz, 4 (Ga), dt. 07.06.2024, Page 838, w.e.f. D.O.P.
Ch.12. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 83

4. Unless otherwise directed by the Chief Justice –

(1) motion hearing cases shall be listed on Monday, Wednesday, Friday
and Saturday subject to rule 10(4) of this chapter;
(2) Tuesday and Thursday of a week shall be reserved ordinarily for final
Hearing of cases;
(3) on Tuesday and Thursday, only bail matters, fixed date cases and
cases wherein mention memo have been issued, shall be listed in
motion hearing.
5. (1) A daily list of motion hearing cases for Monday, Wednesday, Friday and
Saturday shall be issued by the Registry on previous day at 1.00 P.M.
Cases in which proposals for listing have been sent to cause list
section by 11.00 A.M. that day, shall be included therein.
(2) This List shall also include left over (―not reached‖) cases from
previous motion hearing day. However cases leftover on a Friday,
which is not followed by a working Saturday for the Registry,
shall be included in the daily list for following Wednesday.
(3) Motion Hearing cases shall be included in the Daily List under
following 1[. . .] sub-heads:
2
[(a) Cases in which personal appearance has been ordered by the
Court for that date ;
(b) Cases in which that date has been fixed specifically by a judicial
orderof the Court other than on a Mention slip;
(c) Not reached cases;
(d) Fresh matters (with or without application for interim relief); and
(e) Interim matters (including consideration of interlocutory
applications);]
3
[(f) Miscellaneous matters (such as default matters and matters listed
for further orders) ;
(g) After notice matters‘]
2
[Provided that], the cases shall be listed ad seriatum,
i.e. maintaining one Serial Number for the entire list. 1[ ]
3
[Provided further that ―Final hearing at motion stage‖ matters
shall be taken up only on Tuesdays and Thursdays before regular
final hearing matters.]
1. Words deleted by Notification published in M.P. Gazette (Ext.) dt. 07.06.2012, Page 532(8)
& 532(9).
2. Substituted by Notification published in M.P. Gazette (Ext.) dt. 07.06.2012, Page 532(8).
3. Added by Notification published in M.P. Gazette (Ext.) dt. 07.06.2012, Page 532(8) &
532(9).
84 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.12. R.4

(4) If necessary, a supplementary daily list may be issued at 5.00 P.M.

However, this supplementary list shall only include cases in which
mention memo are issued, or a fixed date is given by the Court.
(5) Number of all motion hearing cases, including cases left over on
previous motion day but excluding default matters, taken together,
should not exceed such number of cases as directed by the Chief
Justice by an order in writing
Provided that identical matters shall be treated as one matter. Provided
further that matters listed before a special bench on Friday shall be
exempted from the limit.
(6) There shall be only one daily cause list for motion hearing cases,
unless preparation of supplementary list becomes necessary.
6. Fresh motion hearing cases shall be included in the daily list of motion
hearing cases in chronological order, i.e. in order of institution, as soon as they
are processed and are ripe for listing before the bench.
3 1
[ [6A. Whenever a criminal appeal where a sentence of imprisonment has
been imposed accompanied with an application for suspension of sentence is
filed before recess, the same shall be posted before the concerned Bench on the
next working day and in all other cases the same shall be posted before the
concerned Bench within three days of filing] ]
Mention Memo
7. (1) Any party or advocate desirous of out of turn listing or early hearing of
a motion hearing case on the ground of urgency, may make a mention
before the concerned bench at 2[4[10.30]] A.M. by way of a mention
memo in Form No. 15.
(2) No mention memo shall be presented unless the concerned main
case has been filed and institution number has been allotted to it.
(3) It shall contain the institution number of the concerned main case.
(4) The mention memo shall disclose –
(a) the date of institution of main case;
(b) the date on which the defects, if any, were rectified; and
(c) whether any fixed date has been given by the Court.
(5) The bench may, in its discretion, grant mention memo under its
signature for out of turn listing or early hearing of cases in motion
hearing.
The mention memo shall be issued by the Judge or under the
authority of the Judge, by the Reader.

1. Inserted by Notification published in M.P. Gazette Part 4(Ga) dt. 01.03.2019, Page 145
2. Substituted by Notification published in M.P. Gaz, Part 4(Ga) dt. 21.01.2022, Page 105.
3. Substituted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 253, w.e.f. D.O.P.
4. Substituted by Notification published in M.P. Gaz, Part 4(Ga) dt. 07.06.2024, Page 838, w.e.f. D.O.P.
Ch.12. R.6 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 85

(6) A case shall be listed on the basis of a mention memo only if it is

issued by -
(a) the bench which is hearing cases of that class as per the roster
prevalent on the date on which it was issued;
(b) the bench to which the case is tied up;
(c) the bench to which the case has been assigned; or
(d) the Chief Justice.
(7) Where the mention memo has been issued by a bench other than those
mentioned above, the concerned Section Officer shall make an
endorsement overleaf in following words for being placed before the
bench issuing the mention memo.
―The case is cognizable by the bench comprising Hon. Shri Justice
………………… .
Section Officer
Reader to Hon‘ble Shri Justice……………… .
For being placed before His Lordship‖
8. The Reader to the Court shall maintain a Register of mention memos
issued by the bench. Such mention memos shall be forwarded to the concerned
Section by the Reader immediately. The Section Officer shall also maintain a
Register of mention memos received from benches.
Final Hearing
9. A weekly cause list of final hearing cases shall consist of pending cases
proposed to be listed by the Dealing Assistants.
10. (1) The Registry shall prepare a class wise list of cases, ripe for final
hearing, in chronological order, i.e. in order of the institution, for a
period of three months. This list shall also include cases which have
been ordered by the Court to be listed for final hearing, out of turn
and are to be listed during the quarter. This list shall be entered in the
computer and posted on the web-site of the High Court. A copy of list
shall also be sent to the concerned branches of the office.
(2) Out of the quarterly list of ripe cases, the Registry shall prepare a
weekly list, in chronological order and the same shall be sent to the
Advocate General and the concerned High Court Bar Association.
This weekly list shall also be displayed on the Notice Board of the
High Court and posted on the web-site of the High Court. A copy of
list shall also be sent to the concerned branch of the office.
Provided that a case once included in the weekly cause list for
final hearing of cases, shall not ordinarily be dropped from the list of
subsequent weeks unless the case is heard or adjourned by the Court.
86 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.12. R.8

Provided further that the not reached cases from previous week
shall ordinarily be listed in the same order at the top of the weekly
cause list for the subsequent week. The cases included in the
subsequent weeks shall be added below the not reached cases in
chronological order.
(3) If any cases included in the weekly list are disposed of that week, other
cases shall be taken from the quarterly list in chronological order and
added to the weekly list of that week by way of a supplementary list,
as and when required.
(4) The cases from weekly list of final hearing will be taken up for regular
hearing by the concerned bench on Tuesday and Thursday and on other
days, if time permits. There may be no daily list of final hearing cases.
Provided that at the end of every sitting day, intimation shall
be sent to the Bar Association and Advocate General‘s office about
the numbers of the cases in the weekly list which have been heard
during the day.
11. (1) Notwithstanding anything contained hereinabove, the following
categories of cases shall be accorded priority in matter of listing for
final hearing –
(a) part heard cases,
(b) held up cases,
(c) criminal cases where the accused is in custody for a period of
more than 5 years,
(d) cases of women prisoners having children with them in the prison,
(e) cases where one of the parties is a senior citizen, i.e. above 65
years of age,
(f) civil appeals and revisions under the Madhya Pradesh
Accommodation Control Act, 1961, where ground of bonafide
need is involved,
(g) cases relating to retiral benefits,
(h) cases relating to environmental pollution or disturbance in
ecological balance, and
(i) cases relating to service of members of the State Judicial
Services.
(2) Ordinarily part-heard cases shall be proceeded with on the following day or
days till they are concluded.
A case which has been fixed by special order for hearing on a particular
day before a particular Judge or Judges shall, however, take priority over all
cases other than a writ of habeas corpus, a criminal reference (capital
Ch.12. R.11 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 87

punishment) and a part-heard case which shall be placed at the top of the list
for the day. Cases shall be heard in the order given in the daily list unless
otherwise directed by the Court.
12. Any party or advocate desirous of early hearing of a final hearing case may
move an application for such hearing. An application for early hearing shall
be listed before the bench in motion hearing within a week.
13. As soon as an order is passed in a case, the Reader shall update it‘s status
in the computer. The status of remaining cases shall be updated at the end
of the day. The cause list for the following day shall be prepared accordingly.
14. No case shall be listed for hearing, unless it is certified as ripe for final
hearing. Similarly, no case shall be listed for final hearing, if the lower Court
record or any other record, requisitioned by the Court, has not been received.
15. A note shall be inserted in every cause list requesting the advocates to
furnish a list of all books they intend to cite during the course of hearing, well
in advance, to the Reader.
Special Benches
16. All tied up cases shall, as far as possible, be listed on Friday or such other
day as may be fixed by the Chief Justice before the benches to which such
cases are tied up:
Provided that, where the bench to which a matter is tied up is available
on other week days the office shall not wait for Friday to list such matter
notwithstanding the fact that the concerned bench is hearing some other class
of cases as per current roster.
17. The proposals for listing of tied up cases shall be submitted to the Section
Officer/Assistant cause list Section who shall prepare a programme of special
benches for every Friday or such other day as may be fixed by the Chief Justice
and submit before the Registrar who shall vet the programme and place it
before the Chief Justice for approval latest by Wednesday evening. After
approval, the programme shall be notified to all Judges, Advocate General and
concerned High Court Bar Association and shall also be ported on the web site
of the High Court. A copy of the programme shall also be sent to writ, civil and
criminal Branch of the office.
3
[18. * * * ]
2 1
[ [(3A) * * * * *]]
1. Added by Notification published in M.P. Gazette Part 4(Ga) dated 06.04.2018, page 84.
2. Sub Rule 3(A) is withdrawn vide Notification published in M.P. Gazette Part 4(Ga) dated
06.07.2018, page 433.
3. Deleted by Notification published in M.P. Gaz.(Ext.) dt. 29.07.2022, Page 862, w.e.f. D.O.P.
88 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.12. R.12

Names of Senior Counsel not to be Published

19. The name of a designated senior counsel shall not be published in the
cause list. The name(s) of only the advocate(s) accepting vakalatnama from
the party shall be published.
Hearing by Full Benches and Referee Benches
20. (1) Hearing of a case by a full bench shall be published in the cause
list of the Principal Seat and the Benches as far as practicable, a week
in advance along with point (s) involved.
(2) First hearing of a case by a division bench on a point of law referred by
a single bench shall be published in the cause list of the Principal Seat
and the benches as far as practicable, a week in advance along with
the point (s) involved.
(3) On an application being made in this behalf, the bench may permit an
advocate to address the Court on a question of law.
21. Ordinarily a case, once published in the cause list shall not be dropped nor
shall its order be changed by the Registrar.
22. No supplementary cause list shall be published on the date of hearing at the
behest of the Registry, however a Judge, having the roster, may direct listing of
additional cases for analogous hearing and in such an event the Registry
shall prepare a supplementary list and place the cases before the said Judge for
hearing.
Where the Registry has failed to list a fixed date Court ordered case or a
case in which a mention memo had been issued for that date, a supplementary
cause list may be published with prior permission of the bench concerned.
23. Ordinarily, a bench directing the listing of a case before another bench or
appropriate bench or a particular bench shall not fix a date for such listing.
Such case shall, however, be listed as expeditiously as possible.

****
Ch.12. R.19 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 89

CHAPTER XIII
PROCEDURE AFTER LISTING
Requisitioning of Lower Court Records
1. (1) In main cases, arising out of matters pending before the lower Court,
Tribunal or Authority, the record shall not be requisitioned unless
ordered by the Court.
(2) Where such record has been requisitioned, it shall be retained in the
High Court only as long as absolutely necessary; otherwise it shall be
returned and called back as convenience permits.
2. (1) In main cases (other than criminal appeals against conviction and writ
petitions) arising out of judgments or orders finally adjudicating the
case, the record of lower Court or Tribunal shall be requisitioned after
admission of the case, notwithstanding the fact that no order
requisitioning the record has been made by the Court or the Registrar.
(2) In criminal appeals against conviction, the record shall be requisitioned
in accordance with rule 3 of chapter XI of these Rules.
3. (1) No record of a case or proceedings in possession of any Court or public
servant, relevant to the disposal of a writ petition, shall be sent for,
unless ordered by the Court either of its own motion or upon an
application made by either of the parties to the petition.
(2) Every application made under rule 3(1) shall (unless the Court
otherwise directs) be supported by an affidavit showing how the record
is material to the case in which the application is made, and that the
applicant cannot, without unreasonable delay or expense, obtain a duly
authenticated copy of the record or of such portion thereof as the
petitioner requires or that the production of the original is necessary
for the purpose of justice.
1 2
[3A. In application for [* * *] recall/modification/clarification of order or
judgment passed in a main case, the Court may, at any time, direct the office to
attach the record of main case.]
3
[3B. In an application seeking restoration or review, the Registry shall place
the record of the main case along with application.]

1. Inserted by Notification published in M.P. Gaz. Part 4(Ga), dt. 18.01.2019, Page 65.
2. Deleted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 253, w.e.f.
D.O.P.
3. Added by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 253, w.e.f.
D.O.P..
90 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.13. R.1

Transportation of Records to and from the Court

4. Records of all cases listed before the Court for motion hearing, shall be
transmitted by Entry Assistant/Dealing Assistant to the Court Reader by
2.00 P.M. on the day the daily cause list is published.
Records of all cases listed for final hearing shall be transmitted by the
Dealing Assistant to the Court reader by 5.00 P.M. on the day the weekly cause
list is published.

The Reader to the Court shall acknowledge the receipt of the records of
all such cases.
5. The records of all cases listed in motion hearing shall be returned to the
concerned Section Officer/Assistant immediately after the hearing but not later
than 3 days thereafter.
The records of all such cases listed for final hearing shall be retained in the
Court till the case is –
(1) disposed of,
(2) dropped from the list of final hearing, or
(3) required, for whatever reason, to be listed before another bench.
Place of Hearing
6. Hearing of cases shall ordinarily be held in open Court.
Orders Granting Stay, Bail etc.
7. Except in case of exigency, no order granting stay, bail or any other interim
relief, in a civil or criminal main case, shall be made unless it is admitted for
final hearing.
Provided that where stay, injunction or ad interim writ has been granted
exparte, the party in whose favour such order has been made, shall -
(1) deliver to the opposite party against whom such order has been made
or send to him by speed post/registered post/approved courier service,
immediately after the order granting the ad interim writ/ stay/injunction
has been made, a copy of such order along with a copy of application
or writ petition, as the case may be; and on an application of such
party, the copying section shall supply certified copy of the order
granting interim writ/stay/injunction on the same day so as to enable
him to comply with the requirement of the rule, and
(2) file on the next working day, an affidavit / document evidencing
compliance of sub rule (1) above.
Ch.13. R.4 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 91

Notices to Public Officers and Corporations

8. Notices to Public Officers and Corporations shall be sent by Registered
post- acknowledgement due.

Procedure Where a Case is not being Diligently Prosecuted

9. If the appellant/applicant/petitioner fails to take requisite steps in a main
case and it appears that he is not prosecuting the same with due diligence, the
Registrar shall call upon him to make good/explain the default. If default is not
made good and no explanation is offered within stipulated time or the offered
explanation is found to be unsatisfactory, the matter shall be placed before the
Court for dismissal in default of compliance or for appropriate orders.
Civil Appeals, Revisions, Reviews and Miscellaneous Civil Cases
10. The appellant, petitioner or applicant may file pleadings and/or evidence
along with the memorandum of appeal, petition or application which he
considers necessary to enable the Court to appreciate the scope of dispute for
the purpose of admission, interlocutory orders or disposal.
11. The rules framed by the High Court for settlement of cases under section
89 of the Code of Civil Procedure, 1908 shall, as far as practicable, apply in
respect of settlement of cases.
Second Appeals
12. The appellant shall, at the time of presentation, file a brief chronological
list of events 1[* * ] to enable the Court to consider whether there indeed is a
substantial question of law involved in the appeal.
If the Court is satisfied that a substantial question of law is involved, a
notice may be issued to the respondent to show cause why the appeal may not
be heard on the substantial question of law so formulated and the respondent
on receipt of notice may argue that the substantial question of law so
formulated does not arise for decision.
13. Wherever the Court proposes to issue such notice or admits the appeal, the
notice shall accompany the substantial question (s) of law so formulated, and
shall require the respondent to file his brief written submission after serving a
copy to the opposite party, within a period of eight weeks from the service of
notice.
Efforts shall be made to decide a second appeal as expeditiously as
possible.
1. Deleted by Notification published in M.P. Gaz. Part 4 (Ga), 29.05.2009, Page 356, w.e.f.
15.06.2009
92 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.13. R.8

Writ Petitions
14. Notice shall be served on all opposite parties and on such other persons
as the Court may direct:
Provided that at the hearing of any such petition, any person who desires to
be heard in opposition to it and appears to the Court to be proper, may be
heard, notwithstanding that he has not been served with the notice; but may be
liable to costs in the discretion of the Court.
Provided further that where at the hearing of the petition, the Court is of
opinion that any person who ought to have been served with notice of the
petition, has not been so served, the Court may order such notice to be served
and adjourn the hearing upon such terms, if any, as the Court may think fit.
15. (1) All questions of fact arising for determination under this part shall be
decided ordinarily upon affidavit, but the Court may direct that such
other evidence be taken as it may deem fit.
(2) Where the Court orders that certain matters in controversy between
the parties shall be decided on oral evidence, it may either itself record
the evidence or may direct any Court or Tribunal or a Commissioner
appointed for the purpose to record it in accordance with the procedure
prescribed by law.
16. An application for issue of an interim order, accompanied by an
application for urgent hearing, shall be dealt with as per rule 8(7) of chapter
XIV of these Rules.
17. The Court may in such proceedings impose such terms as to costs as it
thinks fit.
18. The Court may in its discretion, either before the opposite party is called
upon to appear and answer or afterwards on the application of the opposite
party, demand from the petitioner security for the costs of the petition.
19. The rules regarding deposit or withdrawal of money as contained in
chapter XX of these Rules, shall apply to the deposit or withdrawal of
security.
Writ Petition under Article 226 of the Constitution of India.
20. (1) Answer to the rule nisi showing cause against such petition shall
be made by the respondent by filing a return duly supported by an
affidavit and annexure and serving a copy thereof upon the petitioner,
his agent or advocate at least two days before the date of return of
the rule nisi.
(2) Where the opposite party relies upon a document or documents in his
possession or power, he shall file them along with his return.
Ch.13. R.14 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 93

(3) Where a party relies on any other documents which are not in his
possession or power as evidence in support of his return, he shall enter
such documents in a list to be added or annexed to the return.
21. No further return, rejoinder, affidavit or document shall be filed by any
party except with the leave of the Court.
22. If the Court at any time finds that the facts furnished are insufficient or
further and better particulars of any matter should be furnished, the Court
may, of its own motion, or on the application of any party, order any party to
furnish such facts or particulars supported by an affidavit. If the petitioner or
any other party fails to furnish the facts or particulars as ordered, the Court
may either dismiss the petition or make such order in relation to the case as it
thinks fit.
23. (1) An application for any order of an interlocutory nature other than for
ad-interim direction shall be made by a separate application.
(2) Where any party against whom an interim order of any kind has been
made, makes an application to the High Court for vacating the same,
that application shall be listed within three working days from the date
of filing of such application before the appropriate bench for orders.
24. (1) If the Court so directs, all documents not in English or Hindi, shall be
translated into English by the official translator of the Court before
being included in the paper-book and unless exempted by the Court,
the cost of such translation shall be borne by the party relying upon
them.
Such payment shall be made within such time as may be fixed by
the Registrar.
(2) The attention of the Court shall be invited at the hearing to the costs
of the above translation for orders.
25. Any party to a proceeding under article 226 of the Constitution of India
desiring to obtain execution of the order relating to costs awarded in such
proceedings shall apply to the Court by a stamped petition and such an
application shall be registered as a miscellaneous civil case.
26. The Court thereupon shall direct the party against whom the costs are
awarded to deposit the amount in Court within such time as it deems fit, and
upon his failure to deposit the amount within the prescribed period, the Court
shall order issue of a certificate for the recovery of costs, and may also include
the costs of the proceedings before it.
27. (1) Writs of this Court shall be issued under the signature of the Registrar
in Form No. 16.
(2) The certificate of non-satisfaction of costs shall be issued under the
94 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.13. R.21

signature of the Registrar and the seal of the Court in Form No. 17, and
shall be executable as decree of a civil Court.
28. The certificate for the recovery of costs shall be executed by the District
Judge of the Civil District where cause of action arose or in which the party,
from whom the costs are recoverable actually resides or carries on business or
personally works for gain or has some property.
29. The Court to which the certificate is issued shall execute it as a decree
received on transfer for execution from another Court.
Writ of Habeas Corpus
30. Processing, listing, hearing and disposal of a writ petition in the nature
of habeas corpus shall be expedited throughout and take precedence over all
other matters - civil or criminal.
A writ of habeas corpus shall, as far as possible, be disposed of within a
period of two weeks.
31. The petition shall be posted before the Court for hearing forthwith, and if
the Court is of the opinion that a prima facie case for granting the petition is
made out, a rule nisi shall issue 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 order should not be made and at the same time to produce in
Court the corpus of the person or persons alleged to be illegally or improperly
detained, then and there to be dealt with according to law.
Provided that ordinarily a notice in respect of writ of habeas corpus, where
the person is in custody under orders of the Central Government or the State
Government, shall be issued by the Court at the first hearing and be made
returnable within 72 hours. The Central Government or the State Government
may file a return enclosing relevant documents to justify the detention within 5
days of the date on which notice was served. The case shall be listed on the 8th
working day from the date of notice, unless there is an order to contrary, for
hearing and appropriate orders.
32. A return shall be accompanied by an affidavit and documents, if any, in
quadruplicate.
33. (1) The High Court may order any fact to be proved by affidavit or by oral
evidence if considered necessary.
(2) The High Court may, if necessary, direct a Court of Session or a
Magistrate to take evidence as provided in section 391 of the Code of
Criminal Procedure, 1973.
34. On the day on which the person confined has been directed to be produced
or on any day to which the hearing thereof is adjourned, if no cause is shown or
if cause is shown and disallowed, the Court shall pass appropriate orders.
Ch.13. R.28 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 95

35. In any case in which the High Court orders a person in custody to be
brought before it or before a Court martial, or before any authority, or to be
removed from one custody to another or to be set at liberty, a warrant in Form
No.18, to that effect shall be prepared and signed by the Registrar under the
seal of the High Court.
36. Where the person is under detention in a Jail, such warrant shall be
forwarded by the Registrar to the officer-in-charge of such jail and a copy
thereof shall be sent simultaneously to the detaining authority.
In every other case, the warrant shall be served as the Court may direct.
37. In disposing of any such case, the Court may, in its discretion, make
such order for costs as it may consider just.
Note- Please see rules 38 & 39 of chapter XVI for provision regarding
preparation of paper-books in habeas corpus cases.
Writ Petition under Article 227 (1) of the Constitution of India.
38. Save as herein provided, these rules, which are applicable to civil or
criminal revisions, as the case may be, shall mutatis mutandis apply to the
petitions under article 227 of the Constitution of India.
Writ Appeals
39. (1) Writ Appeals:
Writ appeals shall be filed with advance service on the counsel for
the opposite party, who had appeared before the single Judge.
The name of such advocate shall be published in the cause list.
The High Court may follow a flexible time schedule in such
appeals.
(2) Writ Appeals Arising out of pending writ matters:
Appeals against appealable orders of the single Judge passed in
pending writ matters shall be filed after advance notice to the opposite
advocate (who appeared before the single Judge). The name of such
advocate shall be published in the cause list.
Thereafter such appeal may be disposed of at the first hearing. In such
cases, necessary documents shall be kept ready by both the advocate to
enable the Court to dispose of the appeal at the first hearing itself. If
for any reason, this is not practicable, such appeals shall, ordinarily, be
disposed of within a period of one month.
In all such appeals, the Court shall set down and the advocate shall
observe a strict time limit in regard to oral arguments.
96 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.13. R.35

CRIMINAL CASES
40. Where an appeal is filed by a person in jail, or by the state, skeletal paper-
book containing memorandum of appeal, impugned judgment, first information
report, post-mortem report, medico-legal case report, statements of
witnesses for the prosecution and the defence shall be prepared by the
Registry.
In the case of an appeal filed by a person in jail, such paper-book shall be
prepared in quadruplicate, within a week.
41. In criminal cases where the accused is not represented by a advocate,
the Court may either appoint an advocate or direct the Secretary, High Court
Legal Services Committee, to appoint a advocate to represent such accused
and the Secretary shall make such appointment out of the panel maintained by
the Committee at the earliest, from the date of communication of the order,
under intimation to the Registry and the accused.
The advocate appointed by the Court shall be entitled to the fee equal to
the amount payable to an advocate whose name included in the panel
maintained by the authority.
42. (1) Where attendance of an accused before the Court is required in an
appeal or revision, it may direct that he shall, instead of appearing
before the Court, appear before the trial Court / District Registrar (if
working as Presiding Officer of a Court) / Chief Judicial Magistrate of
the District in which the trial was held, on such dates as may from time
to time be given by such trial Court/ District Registrar / Chief Judicial
Magistrate, till the Court directs otherwise.
(2) Such trial Court / District Registrar / Chief Judicial Magistrate may
grant exemption from attendance to the accused on any date on
sufficient cause being shown.
(3) Where the accused does not appear on the date given to him and no
sufficient cause for the non- appearance is shown, the trial Court /
District Registrar / Chief Judicial Magistrate may issue non- bailable /
bailable warrant against such accused to secure his attendance, under
intimation to the Registry of the High Court without delay. He shall
simultaneously proceed under section 446 of the Code of Criminal
Procedure, 1973.
Criminal Reference (Capital Punishment)
43. Record of proceedings submitted to the High Court under section 366
of the Code of Criminal Procedure, shall be placed before the Registrar
forthwith. The Registrar shall cause the reference to be processed and 5
copies of paper book to be prepared without delay.
Ch.13. R.40 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 97

44. Immediately on the receipt of the paper-book, the Registrar shall cause one
copy of the paper-book each to be served on the office of Advocate General
and the defence advocate.
45. If the record is in order, the Registrar shall fix a date of hearing of the
reference, which shall not be before the date of expiry of the period of
limitation against the judgment which is subject matter of the reference.
46. The processing, listing, hearing and disposal of a criminal reference
(capital punishment) shall be expedited throughout and shall take precedence
over all matters other than a writ in the nature of habeas corpus.
Jail Appeals
47. Where, in view of the proviso (b) to Section 384 (1) of the Code of
Criminal Procedure, 1973, the Court directs that the accused is to be heard in
person, the appeal shall be listed for motion hearing ordinarily for a date, after
limitation for filing appeal or revision against impugned judgment has
expired.
48. A jail appeal shall not be dismissed summarily in view of proviso (c) to
Section 384(1) of the Code of Criminal Procedure, 1973, until the period of
limitation for filing such appeal has expired.
Where the duration of sentence is –
(1) shorter than the period of limitation, or
(2) so short that keeping the appeal pending for such period, would render
the appeal infructuous or meaningless,
- it shall be posted forthwith before the Court drawing special
attention to the fact that though the period of limitation has not
expired, the case has been posted owing to the short sentence.
49. A notice of date of motion hearing shall be sent in duplicate to be served
on the accused through the Officer-in-Charge of jail. Such Officer shall serve
one copy of the notice on the accused and return the other copy with an
endorsement of service to the Registry.
50. In case the accused does not want to remain present during the hearing, the
Officer-in-Charge of jail shall obtain such unwillingness in writing from the
accused.
51. In case the accused wants to remain present at the time of hearing, the
Officer-in-Charge of jail shall make arrangements for his production at the
time of hearing and safe return thereafter.
52. The Officer-in-Charge of jail shall, in either case, return the notice clearly
intimating the Registry in advance as to whether the accused shall attend the
Court on the date of hearing.
****
98 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.13. R.44
1
[CHAPTER XIII A
PUBLIC INTEREST LITIGATION

LETTER PETITIONS
1. (a) Letter petitions, addressed to the Chief Justice and directed by him
tobe registered as a writ petition or a revision, shall be so registered.
(b) Letter petitions, addressed to a Judge of the High Court, may be
forwarded by him to the Chief Justice for consideration.
2. There shall be a Letter Petition cell in the High Court, headed by the
Registrar (Judicial) comprising such Officers of the Registry as members, as
may, from time to time, be nominated by the Chief Justice.
3. All letter petitions other than those mentioned in rule 1 above, shall be
forwarded to the Registrar (Judicial) in original, who may mark it to a member
of the Letter Petitions Cell for scrutiny. The member shall scrutinize the
same in the light of the guidelines contained in rules 9, 10 and 11 of this
Chapter. Thereafter the letter petition shall be submitted to the Chief Justice
or a Judge or committee of Judges, nominated for the purpose, by the Chief
Justice.
4. The Chief Justice or the Judge of the committee of Judges, nominated
by the Chief Justice under rule 3, may either direct that the letter petition be
registered as a writ petition or a revision or may pass such other order as may
be deemed fit :
Provided that where a judge or the committee of Judges, nominated by the
Chief Justice, directs registration of a writ petition or a revision, he or it shall
send the matter back to the Chief Justice for placing before the regular bench
or such other bench, as may be nominated by him, for hearing.
5. No letter petition shall be heard on judicial side unless registered as a writ
petition or a Civil or criminal revision on an express order made by the
Chief Justice or a Judge or the committee of Judges nominated under rule 3
by the Chief Justice.
6. No one shall have a right to be heard by the Chief Justice or the Judge
or the committee of Judges nominated by the Chief Justice in respect of a letter
petition before its registration.
7. The High Court shall not be obligated to maintain a record of every letter
petition; nor shall the Chief Justice or the Judge or the Committee of Judges,
nominated by the Chief Justice, be bound to assign or communicate reasons for
any order made under rule 4 of this Chapter.

1. Chapter XIIIA inserted by Notification published in M.P. Gaz. (Ext.) dt. 30.07.2010,
Page 802, w.e.f. 10.08.2010
Ch.13A. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 99

8. No correspondence shall be entertained in respect of any letter petition.

9. Ordinarily, no letter petition espousing individual/personal cause shall be
entertained as a writ petition filed in public interest except as hereinafter
indicated –
(1) matters pertaining to bonded labourers;
(2) matters pertaining to neglected children;
(3) Petitions from jails –
(a) complaining of harassment;
(b) for pre-mature release;
(c) for release on probation;
(d) seeking release after having completed 14 years in jail;
(e) in respect of death in prison;
(f) seeking transfer of a prisoner from one jail to another;
(g) praying for release on personal bond; and
(h) seeking speedy trial as a fundamental right;
(4) Petitions against police –
(a) complaining harassment/atrocities by police; and
(b) in respect of death in police custody.
(5) Petitions against atrocities on women, in particular harassment of
bride, bride burning, rape, murder, kidnapping, child marriage etc.
(6) Petitions complaining of harassment or torture of or atrocities upon
members of Scheduled Castes or Schedule Tribes by persons belonging
to upper class or police;
(7) Petitions for preservation and maintenance of heritage, culture or
antiques;
(8) Petitions for conservation of forest and wild life;
(9) Petitions by riot-victims;
(10) Petitions for Family Pension;
10. Ordinarily, letter petitions falling under the following categories shall not
be registered as writ petition or revision :
(1) landlord-tenant matters;
(2) service matters including those pertaining to retrial benefits; and
100 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.13A.
R.8
(3) the following matters –
(a) complaints against central/state government departments/officers;
government Departments and Local Bodies except those relating
to Item Nos. (1) to (10) above;
(b) matters relating to admission to educational courses;
(c) petitions for early hearing of cases pending in High Courts and
Subordinate Courts;
(d) petitions alleging civil contempt of court;
(e) petitions seeking relief for which a main case other than a writ
petition under article 226 of the Constitution of India or a revision
is maintainable;
(f) a petition seeking transfer of a case from a Bench to the
Principal seat of the High Court or from one subordinate court to
another;
(4) petitions concerning maintenance of wife, children and parents;
(5) individual complaints against advocates.
11. Ordinarily, a letter petition shall not be directed to be registered simply
because the petitioner lacks financial resources to prosecute the remedy
available to him under the law.
In such cases, appropriate direction to High Court Legal Services
Committee or the State Legal Services Authority may be made by the Chief
Justice or the Judge or the committee of Judges.
12. Nothing in this Chapter shall be deemed to restrict the powers of the
Chief Justice or a Judge or the committee of Judges nominated by the Chief
Justice under rule 3 to register a letter petition in his or its discretion.
Regular Public Interest Litigation
13. Regular public interest litigation may be initiated by a registered or
recognized social action group or an individual having social public
standing/professional status and public spirited antecedents or any other
person or a group acting pro bono publico.
14. A writ petition shall disclose –
(1) petitioner‘s social public standing/professional status and public
spirited antecedents;
(2) source of petitioner‘s finances for meeting the expenditure of the
P.I.L.;
Ch.13A. R.11 THE HIGH COURT OF MADHYA PRADESH RULES, 2008
101
(3) source of the information on which the averments are based;
(4) facts constituting the cause;
(5) nature of injury caused to the public; and
(6) nature and extent of the personal interest of the petitioner involved in
the cause, if any.
15. All substantive allegations/averments in a writ petition shall, as far as
practicable, be supported by prima facie evidence/material. Such
allegations/averments and evidence/material shall be substantiated by an
affidavit of the petitioner.
16. A writ petition shall contain a statement/declaration that a thorough
research has been conducted in the matter and shall be accompanied by all
such relevant material, where necessary.
17. A writ petition shall contain a statement/declaration of the petitioner
that to the best of his knowledge, the issue, raised, was not dealt with or
decided and that a similar or identical petition was not filed earlier by the
petitioner or by any other person and in case such an issue was dealt with or a
similar or identical petition was filed earlier, its status or the result thereof.
18. The Court may require a petitioner to deposit such security as deemed fit.
19. Where the Court, after hearing of the matter, is of the view that the
petitioner was not genuinely interested in espousing a public cause, it may, in
its discretion, impose exemplary cost on the petitioner.
20. The petitions; involving larger public interest, gravity and urgency, shall be
given priority over other petitions.]

****
102 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.13A. R.15

CHAPTER XIV
CONSTITUTION AND FUNCTIONS OF THE
JUDICIAL BRANCH
Preliminary
1. The Judicial Branch of the High Court shall, for the purposes of these
rules, be referred to as Registry/Office and shall be responsible for -
(1) receipt and processing,
(2) listing,
(3) requisitioning of lower Court records,
(4) compliance with Court orders,
(5) preparation of paper-books,
(6) receipt of process fees and preparation of notices etc.,
(7) receipt and disbursement of amounts and maintenance of accounts,
(8) translation,
(9) preparation of decrees, memos of cost, certificates and writs,
(10) delivery of certified copies,
(11) transmission of records to Supreme Court and compliance with its
orders,
(12) maintenances and elimination of records,
(13) generation of statistical reports
- and matters incidental thereto in respect of main cases and / or
papers filed therein.
2. The Office shall consist of following branches and sections-
(1) Branches
(a) Presentation Centre
(b) Civil Branch
(c) Writ Branch
(d) Criminal Branch
(e) Cause List Branch
(2) Sections
(a) Record Room,
(b) Paper-book Section
(c) Translation Section
(d) Copying Section
Ch.14. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 103

(e) Cashier Judicial Section

(f) Statistical Writer Section
(g) Judicial Dispatch Section
(h) Supreme Court Section
(i) Election Petition Section
(j) Forms Section
3. A branch or a section may be divided by the Registrar (Judicial) in the
Principal Seat and Registrars in the Benches, in to sub-branches or sub-sections
as per administrative convenience.
Each branch or section shall be headed by a Section Officer.
A section may be headed by a Section Officer, Assistant Grade-I or by any
other official as per administrative convenience.
4. All officers and officials of the Judicial Branch shall work under the
general supervision of the Registrar (Judicial) in the Principal Seat and the
Registrar in the Benches.
5. Civil, Writ and Criminal Branches and Election Petition Section shall
consist of sufficient number of Assistants Grade I, II or III, to be called Dealing
Assistants.
6. Every main case shall be allotted to a Dealing Assistant. Endeavour shall
be made to ensure that total number of cases allotted to a Dealing Assistant
does not exceed 1000 at any given time.
7. Main cases shall be allotted to the Dealing Assistants by the Section
Officer ordinarily in the lots of hundreds, e.g. first hundred cases, received in
the branch, shall be allotted to the Dealing Assistant No. 1, next hundred to the
Dealing Assistant No. 2 and so on.
Duties of the Dealing Assistant
8. It shall be the duty of the Dealing Assistant -
(1) to prepare and maintain -
(a) Daily Diary, (Form. No. 19)
(b) Case Progress Register (Form No. 20)
(c) Register of Fixing of Cases (Form No. 21)
(d) Dak-Book and
(e) Register of Appearance in Criminal Cases (Form No. 22);
104 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.14. R.3

(2) to prepare file covers for ‗B‘ file of cases;

(3) to keep the case ready for hearing if it is to be heard without lower
Court record;
(4) to requisition the relevant records if the case is to be heard with the
records;
(5) to send proposals (Form No. 23) for listing of cases in motion hearing
or default, to the Section Officer / Assistant cause list section, where
possible 3 days in advance;
(6) to keep the case ready for hearing after making necessary compliance
with any direction given by the Court;
(7) to deal with every interlocutory application and while doing so, list the
urgent matter on the third day and other matter on seventh day
from the date of filing;
(8) to take all actions like service of notices on the parties, bringing legal
representatives on record, listing of all interlocutory applications,
requisitioning of lower Court records etc., for ripening of the case;
(9) to get the fixed date or Court ordered cases listed on the date or in the
period specified by the Court, even if it is not otherwise ready for
hearing, with explanation therefor;
(10) to issue service post-card to the unrepresented parties;
(11) to prepare and maintain report of service on parties in Form No.24 and
place it before first order sheet in the file;
(12) to send records of cases to the Paper-Book Section for preparation of
the paper books;
(13) to get the cases certified as ripe for hearing in the Form No. 25
and to send a copy thereof to the Section Officer / Assistant Cause List
Section;
(14) to deposit the records of pending cases in Record Room (Pending),
when they are not required in near future;
(15) to make compliance with the orders of the Court;
(16) to prepare decrees, remand orders, schedule of costs, writs and
certificate of orders etc.;
(17) to arrange and prepare the records of disposed of cases for depositing
in the record room;
(18) to perform such other duties and do such other work, as may from time
to time, be assigned by the Section Officer.
Ch.14. R.8 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 105

The aforesaid list is not exhaustive and does not, in any way
preclude the Dealing Assistant from doing anything which is required
to be done for smooth and efficient functioning of the branch or
section.
9. Whenever a Dealing Assistant is on leave or is otherwise not available, for
whatever reason, to attend to his duties, such duties shall be performed by
the Dealing Assistant next in serial number. The duties of the Dealing Assistant
last in serial number shall be performed by the first Dealing Assistant.

Duties of the Section Assistants

10. It shall be the duty of a Section Assistant -

(1) to verify the progress register and daily diaries maintained by the
Dealing Assistants working under his supervision, at least once in a
month and bring the defects and irregularities, if any, to the notice of
the Section Officer;
(2) to receive all cases and papers and mark them to the concerned Dealing
Assistant;
(3) to ensure compliance with any special direction given by the Court
regarding issuance of notice or listing of cases and to bring the
difficulties, if any, such as the absence of concerning Dealing
Assistant, non-availability of record etc. to the notice of the Section
Officer at the earliest;
(4) to check notices before signing them or submitting them for signature
of Section Officer/Deputy Registrar, as the case may be;
(5) to ascertain that notices are issued by the Dealing Assistants within 7
days of the date of receipt of the process fee unless otherwise directed
by the Court;
(6) to examine the service reports submitted by the Dealing Assistants;
(7) to certify cases as ripe for hearing;
(8) to examine motion and final hearing cases before sending them to the
benches;
(9) to sign service post cards (S.P.Cs.) to be issued to unrepresented
parties;
(10) to maintain a register of fixed date cases and ensure that no such
case escapes listing on the due date;
(11) to perform such other duties and do such other work as may, from
time to time, be assigned by the Section Officer.
The aforesaid duty list is only illustrative and does not absolve the
106 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.14. R.9

Section Assistants from performing any duty which is required for

smooth and efficient functioning of the Section.

Duties of Section Officers

11. It shall be duty of the Section Officer -

(1) to supervise overall working of the Section;
(2) to ensure that all seats in the Section are manned and work of
absentees is properly reallocated;
(3) to check and sign the copies of orders passed by the Court on
applications for interim relief;
(4) to check and sign the copies of bail and other interlocutory orders in
Criminal Branch;
(5) to check draft and 1[fair] writs in Writ Branch;
(6) to check draft and 1[fair] decrees in the Civil Branch;
(7) to check certificate of judgment/order and bailable and non-bailable
warrants in Criminal Branch;
(8) to check and sign all endorsements forwarding copies of final or
interlocutory orders and records to lower Courts and other
departments;
(9) to check certificates where leave to appeal to Supreme Court is
granted;
(10) to get prepared and check all registers and statistical reports in the
section;
(11) to forward all applications for leave including casual leave with
comments/recommendations;
(12) to perform such other duties and do such other work as may, from
time to time, be assigned by the Registrar/Deputy Registrar.
The aforesaid duty list is only illustrative and does not absolve the
Section Officer from performing any duty which is required for smooth
and efficient functioning of the Section.

1. Substituted by Notification Published in M.P. Gazette, Part 4(Ga), dt. 28.06.2019, Page No.
745.
Ch.14. R.11 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 107

Court Readers
12. It shall be the duty of the Court Reader, inter alia, to -
(1) receive and acknowledge the records of cases listed for hearing from
the concerned Section Assistant as per rule 4 of chapter XIII of
these rules;
(2) inform the Dealing Assistant concerned of the non-receipt of record of
any case listed for hearing, as early as practicable;
(3) prepare record of the case as per instructions of the Judge;
(4) arrange all records ad-seriatum;
(5) call the cases in the open Court serially and place the record of the
concerned case before the bench;
(6) ensure that the case being heard is properly displayed on the Digital
Display Boards;
(7) maintain a register of mention memo issued by the bench and to
forward such mention memo to the concerned Section immediately in
accordance with rule 8 of chapter XII of these Rules;
(8) update the status of cases in the computer as per rule 13 of chapter XII;
(9) make available at the time of hearing all the books cited by the
advocates as per rule 15 of chapter XII of these Rules;
(10) return to the concerned Section Assistant records of cases listed for
hearing as per rule 5 of chapter XIII of these Rules;
(11) notify on the board at the end of each working day the result of all
main cases decided by the bench as per rule 10 of chapter XVII of
these Rules;
(12) write the operative portion of the order passed by the Court on
warrant/memo submitted in respect of any appellant/petitioner
produced from Jail;
(13) perform all duties imposed on him by rule 28 of this chapter for
maintaining second set of ―A‖ file of the record;
(14) maintain disposal register in the Form No. 26 and send it to Statistical
Writer on the last day of the month;
(15) maintain catalogue of all the books permanently allotted to the Court
and to maintain and make available the books required by the Judge;
(16) verify physically the books entered in the catalogue during summer
vacation with the assistance of the Librarian.
The aforesaid duty list is only illustrative and does not absolve the
Court Reader from performing any duty which is required for
smooth and efficient functioning of the Court.
108 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.14. R.12

Procedure to be followed in the Office

13. The records of all cases, forwarded by the Reader to the branch in
accordance with rule 5 of Chapter XIII, shall be received and acknowledged by
the Section Assistant.
(1) Fresh cases shall be allotted by the Section Officer in accordance with
rule 7 of this chapter and handed over to the concerned Dealing
Assistant by the Section Assistant.
(2) Old cases shall be handed over to the concerned Dealing Assistant.
14. The Dealing Assistant shall be the custodian of all cases allotted to him.
He shall be responsible for safety and security of the record. He shall be duty-
bound to maintain the record in proper order and to deposit it in Record
Room (Pending), whenever it is unlikely to be required in near future.
15. Primary duty of complying with the Court order shall lie with the Dealing
Assistant. He shall peruse the Court order as soon as practicable. If he faces
any difficulty in gathering the import of the order, he shall immediately
consult the Section Assistant/Section Officer. Thereafter steps shall be taken
to comply with the Court order immediately.
16. Where the Court directs that the order shall be brought to the notice of
higher authorities, the Dealing Assistant shall forthwith place such matter
before such authority.

Listing of Cases
17. Separate registers of civil and criminal cases to be heard by division and
single benches shall be maintained in such manner as to show when they are
complete in every respect and ripe for hearing. The cases shall ordinarily be
taken up from these registers in the order of institution for incorporation in
monthly lists of cases to be heard by division and single benches.
18. Where the Court directs listing of a case on a particular date or during a
particular period, the Dealing Assistant shall take a note thereof in the fixing
register and prepare proposals for listing accordingly.
19. Proposal for listing of a case shall be submitted to the Section Officer/
Assistant of the Cause List Branch by the Dealing Assistant through the
Section Officer of concerned branch. Proposal for listing of a case in motion
hearing shall be submitted at least three days in advance of the proposed
date of listing.
Proposal for listing of a case in final hearing shall be submitted by
Wednesday in the previous week.
Ch.14. R.13 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 109

1
[ The Dealing Assistant making proposal for listing of a case for
hearing on an interlocutory application shall flag-mark with an alphabet, the
application and reply thereof, if any, in the record of the case, mentioning the
serial number of the application. He shall also ensure that all the flags posted
on earlier occasions and irrelevant for the purpose of hearing are removed.
The flag-marked alphabet shall be published in the daily cause list.]
20. The Section Officer/Assistant, cause list branch shall vet the proposals
received from the Dealing Assistants, keeping in view the fresh cases to be
listed by the entry assistant and ensure that the cases are listed in accordance
with the relevant rules, instructions issued by the Chief Justice from time to
time and the roster.
Interlocutory Applications
21. Where the Section Assistant receives an interlocutory application in
accordance with rule 4(4) of Chapter XI, he shall forward such application
to the concerned Dealing Assistant, who shall place it on the record of the main
case in which it has been filed, the same day, if possible but in no case, later
than the next working day.
22. Every interlocutory application 2[* * *] shall 2[* *] bear a serial number
in the chronological order of its presentation in the proceeding. This number
3
shall be entered in red-ink [just below the name of the court] as follows:
The first interlocutory application or petition in the particular case or
proceedings will be endorsed ―Interlocutory Application (or petition) No.1‖ the
second ―Interlocutory Application (or petition) No.2‖ and so on.
23. Where the Court grants relief of an interim nature without hearing the
opposite party, the case shall be posted before the Court for orders within a
period of 30 days from the date of such order unless otherwise directed by the
Court, irrespective of the fact that process fee was not paid or opposite party
was not served.
Peremptory Order
24. (1) Where a peremptory order has been passed, the Dealing Assistant shall
make a diary note of the same and call for compliance report from the
concerned official immediately after the expiry of the period stipulated
in the order.

1. Inserted by Notification published in M.P. Gaz. Part 4(Ga) dt. 29.05.2009, Page 356, w.e.f.
15.06.2009
2. Deleted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 253, w.e.f.
D.O.P.
3. Substituted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 253,
w.e.f. D.O.P.
110 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.14. R.20

(2) Where on the basis of such report and such other inquiry as he
may deem fit, the Dealing Assistant comes to a conclusion that the
peremptory order has not been complied with, he shall prepare a note
recording the factum of such non-compliance and submit it before the
Registrar on administrative side through the Section Officer within a
week of the expiry of the period stipulated in the order.
Explanation: Part compliance of a peremptory order shall be deemed
to be non-compliance thereof.
(3) On such note being submitted, the Registrar shall examine the matter
and on being satisfied that the peremptory order has not been
complied with and consequence (s) specified in the order has (have)
ensued, shall direct that the parties concerned, Reader to the Court
and the Statistical Writer shall take notice of such consequence (s).
(4) Notwithstanding the fact that the administrative direction under rule
24(3) was made by the Registrar on a particular date, the consequence
shall be deemed to have ensued on the expiry of the period
stipulated in the order and the limitation for restoration shall be
deemed to have commenced on such date.
(5) Where an administrative direction under rule 24 (3) has been made by
the Registrar, a copy of such direction along with the peremptory order
shall be forwarded to the lower Court/Tribunal/ Authority, within a
week of such direction.
Paper Books
25. The Dealing Assistant shall send the records of all those cases in which
paper-book is to be prepared and no matter is pending for listing before the Court
in motion hearing, to the Editor, Paper-Book Section, after parties are served.
Decrees, Remand Orders, Writs and Certificates
26. All drafts of decrees, remand orders, writs and certificates of orders shall
be prepared in English within one week from the date of receipt of record by
the Dealing Assistant. Such draft shall be vetted and forwarded to the Registrar
by the Section Officer.
27. After the final decree, remand order, writ or certificate of order is signed
by the Registrar, the Dealing Assistant shall arrange the High Court record for
the purpose of indexing. Thereafter the lower Court record shall be returned
with the copy of judgement/order, decree, remand order, writ or certificate of
order, as the case may be.
Maintenance of Second Set of “A” File
28. The office shall be duty bound to prepare and maintain identical second set
of ―A‖ file of all the cases which are to be heard by a division bench. In order
to perform this duty-
Ch.14. R.25 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 111

(1) The filing assistant shall ensure that second set is presented in
accordance with rule 3 of chapter X of these Rules.
(2) The scrutiny assistant shall list the case for rectification of defects
before the Registrar, where second set has not been provided as per
rules, or where second set is not in paper book form, if required. The
scrutiny assistant shall place the second set in a file cover in cases
which are not required to be presented in paper book form.
(3) The Section Assistant shall, in no case, certify a matter as ripe for
hearing, where the second set of ―A‖ file is not in order. It shall be
the duty of the Dealing Assistant to maintain the second set in proper
order. To ensure this, copies of all interlocutory applications, replies,
returns, rejoinders and other documents etc. shall be diligently placed
in the second set, within three days of presentation. The Dealing
Assistant shall place the second set in file cover before listing in
pending case.
(4) It shall be the duty of the Secretary/Reader, who prepares the order
to make an extra copy of the same, for being placed in the second set.
(5) No case, where the second set is not in order, shall be listed for hearing
before a division bench. It shall be the duty of the Court Reader to
diligently restore the second set to the record of the case after it is
received back from the Judge. Where a record is returned by the
Reader without the second set, the Dealing Assistant shall
immediately apprise the Registrar.
Linked Cases
29. More than one cases belonging to the same class and which can be
listed before the same bench, arising from the same judgment/order/notification
etc., shall be heard analogously.
The office shall post such cases together before that bench for analogous
hearing.
30. More than one cases belonging to the same class, arising from the same
judgment/order/notification etc., one or more being listable before a division
bench and other or others before a single bench, shall be heard analogously
by the division bench.
The office shall post such cases together before the division bench for
analogous hearing.
31. More than one cases belonging to different classes and listable before
different benches, arising from the same judgment/order/notification etc.,
shall be heard analogously by the same bench.
112 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.14. R.29

The office shall place such cases before the Chief Justice for orders as to
the bench before which all such cases ought to be listed together for analogous
hearing.
Connected Cases
32. (1) The cases involving similar points of law and/or fact though arising
from the different judgment/order/ notification etc., shall be referred to
as ―connected cases‖.
(2) No cases shall be treated as connected cases by the office unless
specifically ordered by the Court.
(3) Such cases shall, ordinarily be listed together, heard analogously and
disposed of, as far as practicable, by a common judgment/order.
(4) Where the connected cases, owing to roster, are listable before
different benches, the office shall place them before the Chief Justice
for orders as to the bench before which such cases may be posted
for analogous hearing.
33. It shall be the responsibility of the Section Officer/Assistant to keep track
of the linked and connected cases. All such cases shall be clubbed together and
allotted to the assistant, dealing with the oldest case in the bunch.
Consignment to the Record Room
34. After signing of decree/remand order/writ/certificate by the Registrar; or
where no such document is required to be prepared, after preparation of fly
sheet endorsing the copy of final order to the concerned Court/Authority/
Tribunal; the Dealing Assistant shall transmit the record to the dispatcher
(judicial), who shall forthwith dispatch the decree/remand order/writ/certificate/
final order/lower Court records to the concerned Court/Authority/ Tribunal.
The dispatcher shall thereafter transmit the High Court record to the statistical
writer.
35. The statistical writer shall make entry of the result of the case in relevant
register and forward the record to the record room (disposed of).
Information of Judgments etc. of Appellate Courts
36. Any order passed by the Supreme Court in a matter arising from a case
pending before the High Court shall, as soon as practicable, be listed before the
concerned bench.

****
Ch.14. R.32 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 113
1
[CHAPTER XV
PROCESS AND PROCESS-FEES
2
1. [(1.)]3[Whenever a matter is admitted or notice is ordered to be issued to
any party the notice shall be issued by registered post with
acknowledgment due and the necessary postal charges shall be paid by
the party at whose instance the notice is to be issued.]
2
[(2.) The postal charge for registered post 3[acknowledgement due] shall
be paid by the party within the time stipulated in the order, otherwise
3
within [three working] days from the date of the order.]
4
[(3) (a) Whenever notice is ordered on any interlocutory application to
be issued to any party the notice shall be issued by registered
post with acknowledgement due and the applicant shall pay the
necessary postal charges within the time stated in the order, or if
no such time stated, within three working days of the order.
(b) The provisions of order V of the Code of Civil Procedure, 1908
shall, so far as may be, apply to service of process in all
proceedings of this Court.]
2. Whenever notice is ordered to be issued to any party the party at whose
instance the notice is to be issued, supply as many copies of memorandum of
appeal, objection, petition or application, as the case may be, and any affidavit
filed in support thereof and in case of a second appeal, the substantial question(s) of
law on which the same is admitted, as there are persons to be served:
Provided that the time required for obtaining a certified copy of the
order sheet containing the substantial question(s) of law on which the second
appeal is admitted, shall be excluded:
Provided further that in all civil matters, notices to the Public Officers and
Corporations shall be sent in the prescribed forms by registered 3 [post with]-
acknowledgement due.
3. No party to a proceeding other than the State of Madhya Pradesh shall
be 3 [exempted] from the payment of process fee.
4. If the necessary documents are not filed, the case shall be posted as a
defective case before the Registrar who 3[shall grant seven days] for filing the
3
documents [and if not done within the said period] direct that the proceedings
be placed forthwith before the appropriate Bench for orders.
1. Chapter XV is substituted by Notification published in M.P. Gaz. Part 4(Ga) dt. 02.06.2017,
Page 233 to 235.
2. Renumbered and Sub Rule (2) inserted by Notification published in M.P. Gazette Part 4
(Ga) dt. 17.08.2018, Page 623.
3. Substituted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 254,
w.e.f. D.O.P..
4. Added by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 254, w.e.f.
D.O.P.
114 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.15. R.1

Provided that where an interim relief has been granted by the Court in
favour of the defaulting party, the case shall forthwith be placed before the
appropriate bench for orders.
5. (1) The process application shall be made in Form No. 27. The application
shall state the number and class of the proceeding, the value of the
claim in suit and/or appeal, details of the processes to be issued, and
particulars and full address of the parties on whom the notices are to be
served. If the address so given is registered address within the
meaning of Order VII, Rule 19 and Order VIII, Rule 11 (both Madhya
Pradesh amendments) of the code of Civil Procedure, 1908, the letters
―R.A.‖ shall be placed before the address.
(2) A party desirous of an acknowledgement of the process application
shall file the same in duplicate for the purpose.
(3) The application, referred to in sub-rules (1) above, may be filed in the
presentation centre within the period allowed or may be sent by
registered post, addressed to the Registrar, in time to reach the Court
within the period allowed.
6. Where the Court has admitted 1[or issued a notice] the petitioner shall, for
issuing notices to the respondents, deposit the duly filled notice forms and
requisite number of copies of paginated petition, annexure, index and file-
sized envelopes.
1
7. True copy of the [case] together with annexure and affidavit, duly
attested by the petitioner or his advocate, shall be served with the notice.
8. The Section Officer shall, having regard to the state of the file, fix a date
to be entered in the notice for appearance and reply of respondents within the
period prescribed by the Court and where the time is not prescribed by the
Court, the date to be so fixed, shall not be beyond eight weeks.
9. If the following criminal cases are admitted for final hearing, notice of the
same shall be issued to the Advocate-General : -
(1) an appeal by an accused person against the decision of a Court of
Session;
(2) a petition by a private person for revision of a judgment or order of
a court of Session;
(3) proceedings regarding the transfer of a case;
(4) an appeal or a reference for confirmation of capital punishment in
murder cases;
(5) in all cases of enhancement of sentence when the Court considers
that there is a prima facie case therefor.
1. Substituted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 254 &
255, w.e.f. D.O.P.
Ch.15. R.5 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 115

10. In criminal cases, involving offences punishable with capital sentence

but the same has not been imposed a notice shall issue to the Advocate-
General for considering whether an appeal against acquittal or an application
for enhancement of sentence be filed. Cases, in which such notice has been
given, shall not be posted for disposal until expiry of two weeks from the
date of issue of such notice. If in such a case, the Government gives a notice of
an appeal within the said period of two weeks, the appeal originally filed by the
accused and the appeal or application filed by the Government shall be posted
for analogous hearing.
3
11 . (1) Where a notice [* * *] has been issued by registered post-
acknowledgement due, prepaid and properly addressed and neither the
envelope containing the notice nor the acknowledgement has been
received back, for a period of 30 days from the date of issue of notice,
4
the [Court may] presume that notice has been duly served.
(2) In such a case, after expiry of aforesaid period of 30 days, the
1
concerned Dealing Assistant [after tracking the postal consignment
on official website of India Post, Ministry of Communications,
Government of India, (www.indiapost.gov.in) as per available status
on aforesaid website] shall submit a report to Deputy Registrar
(Judicial), who shall after verifying as to whether the envelope,
containing the notice or the acknowledgement has been received in
the office and in case it is not so received, shall certify that the
notice has been duly served. Such certification in following format
shall be placed before the Court-
―The notice has been duly served, as it was sent by registered
post-acknowledgement due, pre-paid and properly addressed and
neither the envelope, containing the notice not the acknowledgement
has been received back after a period of 30 days from ……… (the
date of issue of notice.)‖.]
2
[(3) In case after tracking the postal consignment on official website of
India Post, Ministry of Communications, Government of India,
(www.indiapost.gov.in), if status is ―the service is not possible‖ or
―it cannot be served due to some reason‖ then Deputy Registrar
(Judicial) shall certify accordingly.]
****
1. Paragraph inserted by Notification published in M.P. Gaz. Part 4(Ga) dt. 15.12.2017 Page
660.
2. Sub Rule 3 inserted by Notification published in M.P. Gaz.Part 4(Ga) dt. 15.12.2017 Page
660.
3. Deleted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 255, w.e.f.
D.O.P.
4. Substituted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 255,
w.e.f. D.O.P.
116 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.15. R.10

CHAPTER XVI
PAPER-BOOKS
Preparation of Paper-Books in Civil Cases
1. In every case in which a civil appeal or an application for revision or
review on the civil side has been admitted for hearing parties, the Registrar
shall, on receipt of the records from the lower Court and on the prescribed
cost, if any, due from the parties, cause a paper book to be prepared in
accordance with the rules of this chapter.
Provided that ordinarily no paper-book shall be prepared in the matters to
be heard and disposed of by a Judge sitting alone unless otherwise directed by
the Court.
2. The paper-books shall be prepared by using photo copies on white foolscap
paper, only one side of the paper being used. A table of contents with reference
to pages shall be prefixed to each paper-book and each paper-book shall be
stitched together with a fly leaf.
Provided that photocopy of a document in the paper-book which is faint or
is otherwise not fairly legible, shall be accompanied by a typed copy thereof.
Except as stated in the proviso, no page other than table of contents and fly
leaf in the paper-book shall be typewritten, unless unavoidable.
3. All documents not in English or Hindi shall be translated in English by the
official translators of the Court before being included in the paper-books:
Provided that a Judge, hearing the case, may direct that English translation
of a document in Hindi be included in the paper-book.
4. When paper-book in a case is ready, it shall be sent to the Dispatcher
(Judicial).The intimation of the paper-book being so ready, shall be published
in the weekly cause list and shall also be displayed on the notice board out side
the office of Registrar and the Paper-Book Section. Thereafter it shall be the
duty of advocates concerned to collect the paper-book from the Dispatcher
(Judicial).
5. (1) At the end of each paper-book, details of the costs, incurred in the
preparation thereof, by the parties separately, shall be noted and such
amount shall, subject to the following provisions, be included in the
costs of the case unless the Court otherwise directs.
(a) In the case of charges incurred under proviso to rule 28, only
such amount shall be included as would have been chargeable at
the rate prescribed in rule 6.
Ch.16. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 117

(b) The cost of one extra copy for each respondent or non- applicant
calculated at the rate prescribed under rule 6 (4) shall, if actually
supplied under rule 13, be Included.
(c) Any costs incurred under rule 9 shall be included if the Court
allows the admission of the documents.
(2) Any surplus remaining after deducting the cost actually incurred from
the amount deposited by each party with the cashier of the Court shall
be refunded upon a written request (unstamped) to the party in the
proceedings by whom the deposit was made or to the counsel
appointed to get in this behalf. When the deposit was made by a
counsel, it shall be accompanied by a power of attorney or shall
contain a declaration that the counsel has already filed a power of
attorney in the case authorizing him to receive the sum.
6. The costs shall be calculated at the following rates:-
(1) Translation from Hindi into English for every 40 words of the English
translation or part thereof…… Rs. 5.00.
(2) Translation from any other language into English, for every 30 words
of the English Translation or part thereof ….. Rs.5.00.
(3) Preparation of necessary number of copies for the use of the Court and
two more copies for counsel on either side, for every page or part
thereof ……. Rs.5.00.
(4) Preparation of additional copies of the paper-book, per page per copy
…… Rs.2.00.
For typing documents not in English or Hindi-
(a) Rs.5.00 for every 150 words or part thereof,
(b) Rs.2.00 for page typed per copy of the additional copies of the
Paper-Book.
Four figures shall be treated as the equivalent of one word.
7. No paper in the record of a case which ought to have been but was not
included in the list of documents, specified by any party under rule 10 (6), 30
(1) (a), and 32 (1) (c) or in respect of which costs have not been paid under
any rule, shall be referred to at the hearing of the case without the special
leave of the Court and unless both, the Court and the opposite party, have been
previously supplied with copies and if necessary, translation thereof, prepared
in the office, at the cost of the party concerned.
Provided that this rule shall not preclude the Court from referring to any
paper, if it considers so to do for the ends of justice. In such a case the Court
118 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.16. R.6

may order inclusion of such papers in supplementary paper-book. Every

endeavour shall be made to prepare such paper-book before the date of hearing.
However, in such a case, the charges for preparing such supplementary paper-
book shall be twice the amount, prescribed in rule 6:
Provided further that parties will have no claim to an adjournment merely
because such supplementary paper-book was not supplied in time unless
the Court considers such adjournment expedient.
8. No order shall be passed exempting any party from the operation of the
whole or any part of these rules, and no special order shall be made as to any
matter with which these rules are concerned except upon application duly
stamped with a Court-fee of Rs.10.00 setting forth sufficient grounds.
An application for enlargement of time for the doing of any act required to
be done under these rules shall ordinarily be made before the expiry of
prescribed time:
Provided that if it is deemed necessary, an order may be passed directing
that an affidavit be filed in support of the application for extension of time.
9. If any party desires to refer at hearing to any document not admitted in
evidence in the lower Court or desires the admission of fresh documentary
evidence in this Court, such documentary evidence shall be specified by such
party and included in the list of documents filed by the party, and copies and if
necessary, translations shall be prepared at the cost of the parties and kept with
but shall not be included in the paper-book of the case.
10. Appeals from Original Decrees- In appeals from original decrees,
paper-book shall ordinarily consist of the following papers, viz.:-
(1) the pleadings (plaint and written statements);
(2) the oral statements;
(3) the issues;
(4) the evidence of witnesses, whether taken in Court or on commission or
on affidavit under rule 4 of order XVIII of the Code of Civil
Procedure, 1908;
(5) maps and plans, if any;
(6) the judgment and decree;
(7) such interlocutory applications and the orders thereon and such
documents admitted in evidence as may be specified by either party in
response to the notice issued to him in this behalf;
(8) documents not admitted in evidence for any reason, with permission of
the Registrar; and
Ch.16. R.8 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 119

(9) the memorandum of appeal:

Provided that it shall ordinarily be unnecessary to include
schedules, statements and similar papers unless they are material for an
understanding of a case.
Provided further that the Registrar shall be empowered, either
on application made or of his own motion, after hearing the parties, to
exclude from the paper-book all documents or portions of documents
that are not relevant to the subject matter of the appeal and generally
to reduce the bulk of the record.
11. (1) In the first appeal in which the prayer is-
(a) to grant installments or to set aside or modify installments granted
or to modify the time granted to satisfy a decree, or
(b) to alter interest allowed, or
(c) to extend time to satisfy a mortgage decree or to set aside a
decree following refusal to grant time, or
(d) to extend time to pay the price in pre-emption cases or to
challenge an order allowing time for payment, or
(e) to alter the relief granted from sale to foreclosure or from
foreclosure to sale in mortgage cases,
- the paper-book shall ordinarily consist of the following papers
only-
(i) the pleadings ( petition and written reply);
(ii) the oral statements;
(iii) the judgment and decree or order;
(iv) such portions of oral or documentary evidence as may be
specified by either party in response to the notice issued to him
in this behalf; and
(v) the memorandum of appeal.
(2) In appeals to set aside or vary a decree based on an award under
section 39 of the Arbitration Act (X of 1940), or section 37 or 50 of
the Arbitration and Conciliation Act, 1996, in addition to the papers
mentioned in sub-rule (1) above, a copy of arbitration agreement and
award shall also be included.
(3) In a first appeal arising out of proceedings after the preliminary decree
in suits for accounts or partition, the paper-book shall ordinarily
consist of the following papers only:-
(a) the judgment and preliminary decree including maps and plans,
if any;
(b) the final decree;
120 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.16. R.11

(c) (i) such portions of orders of the Court; and

(ii) such portions of oral and documentary evidence as may be
specified by either party in response to the notice issued to him
in this behalf.
12. The paper-book shall be arranged in two parts. Part II containing the
exhibits and documents and Part I all the other papers. Part I shall be arranged
strictly in chronological order while Part II shall follow the order of the exhibit
mark. Additional evidence admitted by a lower Court after remand of the
case by this Court shall however, not be incorporated in the main paper-book,
but shall be arranged in chronological order while Part II shall follow the order
of the exhibit mark. Additional evidence admitted by a lower Court after
remand of the case by this Court shall however, not be incorporated in the main
paper- book, but shall be arranged in chronological order in a separate paper-
book.
13. Three copies shall ordinarily be prepared in appeals which are to be heard
by a single Judge and four copies in appeals which are to be heard by a division
bench. One copy in the former and two copies in the latter will be retained for
the use of the Court and the other two copies given to the counsel on either
side. If, however, an application is made in this behalf to the Deputy Registrar,
before the commencement of the preparation of the paper-book, additional
copies not exceeding three, may be prepared along with the Court copies and
given to the parties on payment calculated under rule 6 (4). Extra copies
applied for, after the commencement of the preparation of the paper- book,
may be refused; and if supplied, shall be charged for at 1½ time the rate
prescribed under rule 6 (3). Extra copies applied for, after inclusion of the
case in the weekly list, will be refused. Office will endeavour to complete
extra copies so charged for under rule 6 (3) before the hearing but no party
shall have any right to an adjournment merely because such copies are not
ready.
14. As soon as an order has been passed admitting the case for final hearing
and the records have been received from the Court, the Deputy Registrar
shall cause notice to be given to the parties requiring them to prepare and
deliver by certain specified dates, separate lists of the papers mentioned in rule
10 above which they desire to be included in the paper-book in the following
form-

Description of the Papers Whether the Whole Page of the Paper

with Date, Distinguishing or a Portion is to be Book to be filed in
Mark or Number of the Page Included the Office
If the appellant does not desire to include any such papers in the paper-
book, he shall file a blank list by the specified date referred to above.
Ch.16. R.12 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 121

15. If only a portion of a document is to be included in the paper-book, it shall

be incumbent on the party to specify that portion clearly and beyond risk of
doubt; if this is not done, estimates will be prepared excluding the whole
document and reference to be allowed at the hearing.
16. The date given to the appellant shall be at least three weeks earlier than
that given to the respondents.
17. Every respondent may insert the appellant‘s list and at his own expense
obtain a copy of the whole or any portion thereof.
18. Respondents having a common interest in the appeal may deliver a
combined list and those having separate interest may deliver separate lists.
19. When a memorandum of objections has been filed by a respondent under
Order XLI, rule 22 of the Code of Civil Procedure, 1908, the appellant may
file an additional list of papers which he desires to be included in the paper-
book.
20. The filing of lists of documents should be a considered act and revision
of these lists will be allowed only in exceptional cases and for good cause
shown. It will be allowed more freely on a duly stamped, agreed application
made by all parties under rule 8. In judging whether revision be allowed,
reasonable diligence in filing the revised list will be considered. Normally,
reasonable diligence would require the applications to be filed within a
fortnight of service of estimates.
Provided that when order allowing an application for revision of the list
is passed, the appellant shall pay Rs.10 in Court-fee labels, as fee for the
preparation of the revised estimates within the time fixed, if any, or within 7
days of the date of the order, failing which the preparation of paper-books shall
be proceeded with as if there was no such application.
21. If an application is allowed to revise his list, the respondent may file an
additional list of papers to be included in the paper-book.
22. On receipt of the appellant‘s and the respondent‘s lists, the Deputy
Registrar shall, as soon as practicable, make and deliver to the parties separate
rough estimate of the costs of preparing their portions of the paper-book.
23. The parties shall deposit the amounts as demanded in cash with the Cashier
of the Court within 3 weeks of the delivery of the rough estimates referred to in
rule 22.
24. In cases falling under proviso to rule 1 of this chapter, when the Court
orders a party to pay paper-book costs, the Estimator shall issue a notice to the
party concerned to pay costs, within two weeks of the receipt of the notice. In
default of payment, the Deputy Registrar shall issue a certificate of non-
satisfaction to the District Judge having jurisdiction over the place where the
122 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.16. R.15

party concerned ordinarily resides or carries on business or personally works

for gain. The District Judge shall recover the costs, together with the costs of
the notice, as in the case of a decree and remit the amount to the Registry
at the expense of the party concerned.
25. If it subsequently appears that the amount so deposited by either party is
insufficient, the Deputy Registrar shall estimate the additional amount required
and give notice thereof to the party concerned who shall thereupon deposit the
amount within two weeks of service of the notice.
26. If on completion of the paper-book it is found that the deposit is
insufficient, the balance shall be recoverable from the party concerned. The
case shall be placed before the Court and it may pass such orders for
recovery of costs as it thinks fit.
27. If the appellant fails to deliver his list or blank list under rule 14 or to make
the deposits required under these rules, the Deputy Registrar shall cause the
case to be laid before the Court for orders under Order XLI, rule 15-A,
First Schedule, Code of Civil Procedure, 1908.
28. If the respondent does not enter an appearance or fails to deliver his list
or to make the deposits required by the forgoing rules, the paper-book shall be
prepared in accordance with the appellants‘ list:
Provided that a respondent may subsequently be permitted by the Registrar
to get the papers and documents required by him translated and included in
the paper-book, if he makes an application for this purpose at any time
before the case is placed on the monthly list. The charges for preparing the
copies and translations under this proviso shall be one and half times, those
prescribed in rule 6.
29. First Appeals from Orders- The rule for the preparation of paper- books
in appeals from original decrees shall apply mutatis mutandis, to the
preparation of paper-books in first appeals from orders passed by subordinate
Courts. In these appeals a paper-book shall ordinarily consist only of the papers
mentioned in rule 11.
30. Second Appeal- Where the Court orders for preparation of paper book in
a second appeal, it shall consist of the following papers viz.-
(1) (a) the memorandum of appeal;
(b) the pleadings with maps and plans, if any;
(c) the judgments and decrees with maps and plans, if any, of both the
lower Courts;
(d) any judgment or order of remand passed in the case either by the
lower appellate Court or by the High Court.
(2) It shall also contain any portion of the record of any evidence oral or
Ch.16. R.25 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 123

documentary that may be specified by either party, provided that the

advocate or the party filing the list certifies in writing that such
evidence or documents shall be referred to at the hearing of the appeal:
Provisions contained in rules 14, 15, 16 and 17 will not apply so
far as preparation of Paper Books in Second Appeals are concerned.
31. Writ Appeal - In a writ appeal, the paper-book shall ordinarily consist of –
(1) pleadings of both the parties with annexure,
(2) a copy of the judgment appealed from, and
(3) the memorandum of appeal.
It shall be prepared in quadruplicate at the expense of the appellant.
32. Application for Revision-
(1) In applications for revision, the paper-book shall ordinarily consistof -
(a) the application;
(b) the judgment or order of the Court of first instance and of the
1
lower [appellate] Court, if any, to which the application
relates; and
(c) all papers or documents which are not in English or Hindi, to
which reference will be made at the hearing.
(2) It shall be prepared in the same way as the paper-books in First appeals
from order and the rules for preparation of the paper- books in first
appeals from orders shall apply mutatis mutandis to the preparation of
the paper- books under this rule.
33. Application for Review of Judgment.- In application for review of
judgment the paper-book shall ordinarily consist of-
(1) the application;
(2) any affidavit filed with the application;
(3) any affidavit filed in reply; and
(4) the judgment and the decree or order to which the application relates.
34. When these rules direct or allow any act to be done by or any notice to
be given to a party to the case, such act may be done by or such notice may be
given to advocate appointed to act by that party.
35. The Registrar may enlarge the time prescribed by these rules for doing any
act. The Registrar may also exempt any party from the operation of any of the
above rules or may make such special order as he deems fit as to the
preparation of paper-book in a particular case.
1. Substituted by Notification Published in M.P. Gazette, Part 4(Ga), dt. 28.06.2019, Page No.
746.
124 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.16. R.31

36. When a case is referred to a division bench or full bench, the Registrar
shall direct for preparation of requisite number of extra paper-books. The
costs of such extra paper-book shall not be recovered from the parties.
37. Notwithstanding anything contained in these rules, the Chief Justice may
by a general or special order dispense with translation of documents in any
case or classes of cases that may be pending in the High Court.
Paper-Book in Writ Petitions in the Nature of Habeas Corpus
38. In writ petitions in the nature of habeas corpus, four copies of paper-
books shall be prepared free of costs. Out of these, two will be for the use
of the bench and one each for the Advocate General and the applicant.
39. The paper-book shall consist of pleadings with affidavits and such other
documents as may be filed by the parties or as the Court may order to be
included.

Preparation of Paper-Books in Criminal Cases

Paper-Books in Criminal References (Capital Punishment)
40. When the record of the proceedings submitted to the High Court under
section 366 (1) of the Code of Criminal Procedure, 1973, has been examined
and found to be in order, the Registrar shall at once cause a paper-book to be
prepared.

41. The paper-book shall ordinarily consist of -

(1) photocopies of a Sessions Court‘s record, all documents and
statements, not in English or Hindi, having been translated into
English; and
(2) a typed copy of the memorandum of appeal, if any, translated into
English, if not in English or Hindi:
Provided that a Judge hearing the case may direct that English translation
of a document in Hindi be included in the paper-book.
42. Four copies of the paper-book shall be prepared on white foolscap paper,
only one side of the paper being used. Each paper-book shall be stitched
together with a fly-leaf in form of the schedules appended to the Revised
Madhya Pradesh Forms Rules, 1961, with a table of contents with reference to
the pages of the paper-book.
43. As soon as the paper-book is ready, one copy shall be sent to the
Advocate-General, one copy to the prisoner‘s counsel and the remaining copies
shall be retained for the use of the Court.
Ch.16. R.36 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 125

Paper-Books in Criminal Appeals and other Criminal Cases

44. Paper-books shall be prepared in all criminal appeals and criminal cases
admitted for hearing by a division bench and shall be prepared and distributed
in the manner prescribed in rule 42 and 43 above and shall ordinarily consist
of-
(1) the memorandum of appeal or reference;
(2) statements of all the eye witnesses medical or other expert witnesses,
the first information report, maps and plans, the injury and post-
mortem reports, Chemical Examiner and Serologist‘s reports, or the
report of any other expert; and
(3) the judgment or order of the Court of Session in appeal or revision, if
any:
Provided that any other document and /or statement may also be
included in the Paper Book, if so ordered by the Court:
Provided further that the Chief Justice in his discretion may, in any
such case or class of cases either dispense with the preparation of paper
books or may order that skeleton paper books be prepared containing
only such documents as he may order:
Provided further that in any case where there are more than one
accused persons who are represented by separate advocate, on an
application being made to the Registrar before commencement of
preparation of the paper books, such number of additional paper books
may be prepared as directed by the Court.
45. In criminal appeals admitted for hearing by a single Judge, a paper- book
will not ordinarily be required but all documents and statements, if not in
English or Hindi, shall be translated into English and the translation placed
immediately after the originals in the record of the case. The Judge may,
however, direct at the preliminary hearing of the appeal, the preparation of
photocopies of any portion or a complete paper-book as in rule 44.
46. The paper-book in revision cases shall ordinarily consist of-
(1) the report of the Sessions Judge under section 399 of the Code of
Criminal Procedure, 1973 or the petition praying for revision,
translated into English, if not in English or Hindi .
(2) copies of the judgments or final orders passed in the case by all the
Courts below, if any.
Only one copy of the paper book shall be prepared and the original
documents and certified copies in the record shall be utilized if they are fairly
legible. On receipt of the trial Court‘s record, the first information report and
126 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.16. R.44

the statements and confession of the accused shall be translated, if not in

English or Hindi, in English and the translations placed immediately after the
originals in the record of the case. It shall not be necessary to translate the other
documents not in English or Hindi; or to prepare a typed copy of any portion of
the record unless specially ordered by the Judge at the preliminary hearing or
subsequently.
47. (1) Where the Court orders the preparation of a paper-book in a criminal
case at the cost of party, the Deputy Registrar shall fix the time within
which the party or his advocate shall deposit money or do any act for
implementing the order of Court and the charges shall be calculated at
the rates prescribed for civil cases.
(2) Notwithstanding anything in sub-rule (1) above, no costs shall be
required to be deposited by a prisoner or person who is under restraint
in pursuance of the orders of any Court.
48. In all Criminal appeals filed under section 378 of the Code of Criminal
Procedure, 1973, the paper books shall be prepared at the cost of the appellants
and all rules for the preparation of the paper books shall apply mutatis
mutandis.
49. Notwithstanding anything contained in these rules, the Chief Justice may,
by a general or special order, dispense with the translation of documents in
any case or classes of cases that may be pending in the High Court.

****
Ch.16. R.47 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 127

CHAPTER XVII
JUDGMENT AND DECREE
1. Every judgment, delivered, and order or award, passed by the Court, shall
be recorded. Every judgment, final order or award shall be prepared on
computer.
2
[1a. Every judgments and order or award shall be printed on good quality
plain green sheet having A4 size with minimum 75 GSM and printing on
single side of paper having font ―Time New Roman‖ with size of 14 and
with line spacing of one and half (1.5).]
2. On conclusion of hearing of a case, if the judgment or order is not
pronounced in the open Court but reserved, an endeavour shall be made to
deliver the same expeditiously with notice thereof to the parties/advocates by
way of publication in the cause list:
Provided that where the judgment/order is not pronounced in open Court
after conclusion of hearing, it shall not be necessary for the Judge (s) to
assemble in open Court at a future date, for pronouncement of the
judgment/order. Such judgment/order may be delivered by the Judge (s)
1
subscribing thereto, his/their signature (s) with date [which may be signed
electronically].
Provided further that where the Judge (s) assembles to deliver a written
judgment/order, it shall be sufficient if the operative portion of the judgment/
order is read out.
3. After delivery of a judgment or final order, the Private Secretary, Personal
Assistant or Stenographer, preparing it, shall ensure that all the corrections
made by the Judge (s) in the typescript of the judgment or final order, are
carried out in the electronic copy thereof. He shall then digitally sign the
electronic record of such judgment or final order and transmit the same through
the local area network to the specified folder, containing judgments/ final
orders in the main server of the High Court.
All the judgments and final orders, not digitally signed for some reason,
shall be sent by the Reader to the copying section for scanning.
3
4. [* * *]

1. Inserted by Notification Published in M.P. Gazette, Part 4(Ga), dt. 31.12.2021, Page 1470
2. Added by Notification published in M.P. Gaz., Ext, dt. 29.07.2022, Page 862(1), w.e.f.
D.O.P.
3. Omitted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 255, w.e.f.
D.O.P.
128 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.17. R.1

5. In a case where the judgment is reserved after conclusion of hearing and

is pronounced later, the date of reserving the judgment and the date of
pronouncing it, shall be mentioned in the fly sheet of the judgment.
6. (1) Where a Judge sitting singly has heard a case at Jabalpur, Indore or
Gwalior but when the judgment/order is ready 2[for pronouncement],
he is not sitting there, the judgment/order shall be signed by such
Judge 3 [ at the place of his sitting and shall be pronounced by way of
video conferencing with notice thereof to the parties/advocates by way
of publication in the cause list.]
(2) The date of pronouncement of Judgment / order, in sub-rule 1 shall
be the date of judgment / order.
7. (1) Where a division bench has heard a case at Jabalpur, Indore or Gwalior
but when the judgment/order is ready 4[*] 2[for pronouncement and
one or] both the Judges constituting the division bench, are not sitting
there, the judgment/ order shall be signed by the Judges constituting
the division bench wherever they are sitting and 3[shall be pronounced
by any one of the Judges constituting the Bench at his place of sitting
by way of video conferencing with notice thereof to the
parties/advocates by way of publication in the cause list.]
(2) The date of pronouncement of Judgment / order, in sub-rule 1 shall
be the date of judgment / order.
8. Where a division bench has heard a case either at Jabalpur, Indore or
Gwalior but when the judgment/order is ready, any of the Judges constituting
the division bench, is not sitting there, the judgment/order shall be delivered at
the place where the case was heard. Such judgment shall be signed and dated
separately by both the Judges but shall be pronounced on behalf of the bench
by the Judge, sitting there.
9. Where a party is not represented by an advocate, in a case and has
appeared in person before the Court, the Registry shall intimate to such party
1
by a service post card, [through Official E-mail ID/Electronic Messenger/
SMS, on registered E-mail/Mobile number,] the result of the case within a
week of the pronouncement of the judgment / order.

1. Inserted by Notification Published in M.P. Gazette, Part 4(Ga), dt. 31.12.2021, Page 1470
2. Inserted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 255, w.e.f.
D.O.P..
3. Substituted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 255 &
256, w.e.f. D.O.P.
4. Deleted by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 255, w.e.f.
D.O.P.
Ch.17. R.5 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 129

10. The Court Reader shall, at the end of each working day, notify on the
board the result of all main cases decided by the bench, in the tabular form
given below.
Table showing Cases decided
Cases decided on… ............. …………..by the single bench / division bench
comprising Hon‘ble …….. ……………….and Hon‘ble……………………..

No. and class Names of Name of the Result in Remarks

of the case Parties Advocates brief
1 2 3 4 5

In criminal appeals and revisions the main section (s) shall be mentioned in
the remarks column.
11. A case in which hearing is concluded and judgment has been reserved,
shall be treated as disposed of on the date on which judgment has been
delivered.
12. When an order, of remand or on a reference, is made, the lower Court
record 1[along with copy of the order] shall be forwarded at once to the Court
which has to comply with the order.
1
[12-A. However, where the record of Lower Court is available in soft
copy, the same along with electronically signed copy of the order be forwarded
at once.]
13. On submission of drafts of decrees, remand orders, writs and certificates of
orders under rule 26 of chapter XIV of these Rules, the Registrar may approve
the draft without or with such corrections as he may deem necessary. After
approval of the Registrar, the draft of decree shall be exhibited with a notice on
the notice board of the Court concerned. Such notice shall be to the effect that
any party to the decree or his advocate may, within three days, peruse the
decree and sign the draft or file with the Registrar a written objection that the
decree is not in accordance with the judgment or order upon which it is
founded.
14. The Registrar may, on perusal of such statement of objection, hear the
party or his advocate and may correct the draft of the decree, overrule the
objection or refer the matter to the Court for orders. After the decree is finally
drawn up, the Registrar shall affix the Court seal, sign and date the decree with
the date of pronouncement of judgment.
1. Inserted and added by notification published in M.P. Gaz. 4 Ga, dt. 31.12.2021, page 1471.
130 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.17. R.10

15. A final decree in an appeal, arising from a partition suit, shall be prepared
on a non-judicial stamp as per the provisions of section 2(15) and Article 45 of
Schedule 1-A of the Indian Stamp Act, 1899.
16. Under no circumstances shall, any judgment, order or decree, passed or
made by a Judge or Judges, be altered, or varied in any particulars in the
office, except under an order of the Judge or Judges in writing, who passed or
made such judgment, order or decree, in which case the Registrar shall
incorporate the amendment in the original under his seal and signature with
date, 1[including electronically signed] specifying particulars of the order.
17. Where any judgment or order of any Judge or Judges of the Court contains
any recommendation for the alteration of a practice or procedure in this
Court or recommends to or suggests for the consideration of the Government
any alteration in law or in rules, having the force of law, such judgment or
order shall, immediately after delivery, be submitted by the Registrar to the
Chief Justice.
18. Where any judgment or order of any Judge or Judges of the Court contains
any recommendation for circulation of such judgment or order amongst the
Judges of the High Court or members of Judicial Services of the state, it shall
be submitted by the Registrar to the Chief Justice.
19. (1) The Court Reader shall supply one photocopy 1[/electronic copy]
of every judgment or final order 1[through official website at
registered E-mail] to -
(a) the libraries in the Principal Seat and the Benches,
(b) the Advocate General,
(c) the Secretaries, High Court Bar Associations,
(d) the Editor, Indian Law Reports, Madhya Pradesh Series, for the
purpose of reporting, and
(e) In-charge, Computer Cell for porting on the official web- site of
the High Court, who shall retrieve electronic copy of the judgment
and final orders from specified folder containing judgments/final
orders in the main server of the High Court mentioned under rule 3
of this chapter.
1
(2) A copy of the judgment or final order shall be prepared and sent [at
1
the registered E-mail ID, if any] under the signature [/electronic
signature] of the Section officer of concerned branch-
1. Inserted by Notification Published in M.P. Gaz, 4 Ga, dt. 31.12.2021, Page 1471
Ch.17. R.15 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 131

(a) in all cases, to the Court, tribunal or authority which had passed
the impugned order;
(b) in criminal cases where the accused is not in jail, to the Court
where the accused had furnished bail;
(c) in criminal cases where the accused is in jail, to the Officer- in-
Charge of the jail for his record;
(d) in criminal cases where the accused is in jail and conviction has
been maintained, to the accused through the Officer-in- Charge of
the jail;
(e) in writ cases, to the concerned authorities impleaded as parties;
(f) in the cases challenging constitutional validity of any provision of a
central enactment, to the Officer on Special Duty, Parliament
Secretariat, Parliament House;
(g) in the cases challenging constitutional validity of any provision of a
state enactment, to the Secretary, Madhya Pradesh Vidhan Sabha
Secretariat, Bhopal;
(h) in election petitions, to the Secretary, Election Commission of
India or the State Election Commission, as the case may be.
20. Copies of all decrees or final orders passed in appeals presented under rule
(1) of order XLIV of the Code of Civil Procedure, 1908, shall be transmitted
without delay to the Collector of the District in which the Court passing the
original decree is situated, to enable him to recover Court-fee or to apply for
orders for payment of Court-fee.
1
[20A. Fast and Secured Transmission of Electronic Records
(FASTER):
The e-authenticated copies of all the interim orders, stay orders, bail orders
and record of proceedings of all the Courts transmitted through Fast and
Secured Transmission of Electronic Records (FASTER) system shall be valid
for compliance of the directions contained therein and due execution thereof by
all the duty holders.]

****

1. Added by Notification Published in M.P. Gazette, P art 4 (Ga), dt. 29.07.2022, Page 534,
w.e.f. D.O.P.
132 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.17. R.20

CHAPTER XVIII
CERTIFIED COPIES
4
1. [(1) A party to a proceeding in the High Court shall be entitled to apply
either in writing or through an online application disclosing his identity
with an identity proof and E-mail ID, if any, alongwith online payment
of the requisite fee, and receive certified copies of all pleadings,
judgments, decrees, orders of writs and all original documents
exhibited in the said proceeding and deposition of witnesses.]
(2) A person who is not a party to the proceeding, may be granted certified
copy of record(s) only if the Registrar is satisfied as to the bonafides
of the grounds and reasons sufficient to justify such grant.
(3) Without prejudice to the provisions of the Right to Information Act,
2005, no certified copy of the office notes or reports made by the
Registry, which is not made a part of the judicial order, shall be
granted.
(4) No certified copy of a document other than an original, shall be
granted.
Provided that where copy of a copy, filed in a case, has been
applied for, a Photostat copy of such copy may be granted in the same
manner as a certified copy, with following endorsement.
―Photostat copy of copy, as filed by …….………(name)
…………(status) in……… (case no.)
Head Copyist
1
(5) [. . . .]
2. An application for certified copy of a document of –
(1) the record of a judicial proceeding in the High Court, or
(2) the record of a judicial proceeding in any Court, subordinate to the
High Court, which has been requisitioned by the High Court
- may be presented in person 4[or online], by a recognized agent or a
duly engaged advocate; or sent by post to the Head Copyist of the High
Court.
2
3. [The 4[physical/online]applications for certified copies shall be
received from 5[6[10.30]] a.m. to 4.30 p.m. and certified copies to be delivered
from 11.00 a.m. to 5.00 3[p.m.], on all working days of the Registry:
1. Deleted by Notification published in M.P.Gaz. Part 4 (Ga) dt. 29.05.09, Page356, w.e.f. 15.06.09
2. Substituted by Notification published in M.P. Gaz. Part 4 (Ga), dt.29.05.09, Page 356, w.e.f. 15.06.09.
3. Added by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
4. Substituted and Inserted by Notification published in M.P. Gaz, 4 (Ga), dt. 31.12.2021, Page 1472
5. Substituted by Notification published in M.P. Gaz, Part 4 (Ga), dt. 21.01.2022, Page 105
6. Substituted by Notification published in M.P. Gaz, Part 4 (Ga), dt. 07.06.2024, Page 838, w.e.f. D.O.P.
Ch.18. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 133

Provided that the aforesaid timings shall not be applicable, where

theCourt makes an order for delivery of the certified copy, the same day.]
4. It shall not be necessary to file separate applications for certified copies
of more than one documents of the same record.
5. An application for certified copy shall contain –
(1) case number (whether pending or decided),
(2) names of the first party on the either side,
(3) date of the judgment/order,
(4) name (s) of the Judge (s),
(5) details of the document, copy of which is applied for,
3
[(5a) details of the electronic document specifying the unique number,
copy of which is applied for]
(6) whether the applicant is party to the proceeding, if not, purpose for
which the copy is applied,
(7) whether express or ordinary,
(8) amount deposited,
(9) whether the copy is to be sent by post or the applicant, his agent or
legal practitioner shall take delivery thereof in person, and
(10) the applicant‘s name and full postal address,
(11) signature of the applicant, his recognized agent or the advocate.
1
[(12) Application for certified copy shall be in the Certified Copy
Form(Form No. 39).]
6. (1) Every application for certified copy shall be accompanied by an
amount, in advance, sufficient to cover the estimated cost for the
preparation of the certified copy and the cost of the Court fees
2
stamps, if any, required under articles [1(a)] of the Schedule
2
[II] of the Court Fees Act, 1870.
(2) Where the certified copy applied for requires a non-judicial stamp
under the provisions of the Indian Stamp Act, 1899, the application
shall be accompanied by the non-judicial stamps of requisite value.
(3) Where the certified copy of a map on tracing cloth is applied for,
the application shall be accompanied by tracing cloth.
3
[(3a) Where the certified copy of any electronic record is applied
for, the application shall be accompanied by electronic device
required for that purpose.]

1. Inserted by Notification published in M.P. Gaz. (Ext.) dt. 21.04.2014, Page 366(2)
2. Substituted by Notification published in M.P. Gaz. (Ext.) dt. 07.06.2012, Page 532(7)
3. Added by Notification published in M.P. Gaz, Part 4 (Ga), dt. 31.12.2021, Page 1472
134 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.18. R.4

(4) (a) Where an application for certified copy is sent by post, the advance
mentioned in sub-rule (1) shall be remitted by money order.
(b) An application, received by post, shall be acted upon only after
receipt of the advance.
(c) In case the advance is received by money order before the receipt
of application, it shall be deposited as copying advance in
abeyance. If the application is not received within 30 days of the
date of receipt of the advance, the Head Copyist shall cause the
advance to be remitted to the applicant at his expense.
2
[(5)(a) Where an application for certified copy is applied online, the
advance mentioned in sub-rule (1) shall be paid online.
(b) An application, received online, shall be acted upon only after
online payment is made in advance.
(c) If the certified copy of the electronic record is made available at
copying center or online through official website it shall be
authenticated electronically after specifying the hash value of such
electronic record.
(d) The certified copy issued online can be used only once for the
purpose of certified copy of original Photocopy of such copy shall
be treated as photocopy.
(6) If the certified copy is ready for delivery online, a SMS/E-mail
message be forwarded to the person applying online on his registered
Mobile number/E-mail ID. Similarly, on delivery of certified copy, a
message confirming the delivery will be sent.]
7. (1) An application for express delivery of certified copy, stating the
1
grounds therefor, shall bear [. . .] Court fees stamps in accordance
with article 1(b) of Schedule II of the Court Fees Act, 1870.
(2) (a) Where such an application is received by post without requisite
stamps, the head copyist shall cause the deficient stamps to be
affixed and cancelled and debit the cost to the applicant‘s account.
(b) Where the account permits the deficiency of stamps to be made
good only to the extent of preparation of copy in ordinary manner,
the application shall be treated as an application for certified copy
by ordinary mode.
(c) Where the account does not permit the deficiency of stamps to be
made good in the manner prescribed in clause (b), the application
shall stand rejected.
1. Deleted by Notification published in M.P. Gaz. (Ext.) dt. 07.06.2012, Page 532(7).
2. Added by Notification published in M.P. Gaz, Part 4 (Ga), dt. 31.12.2021, Page 1472 &
1473
Ch.18. R.7 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 135

(3) (a) The application for express delivery will be immediately forwarded
to the Deputy Registrar who shall deal with it forthwith and may,
after taking into consideration the grounds alleged, allow the
application and return it to the head copyist.
(b) The charge for copies, in respect of which an application has
been allowed, 1[shall] be worked out at double the
1
[prescribed respectively under rule 14 of chapter 18].
(c) Where the application is rejected, the copies will be prepared in the
ordinary way, the usual copying fee being charged; and the
excess shall be refunded. 2[In case of online application, the
refund shall be made online in the account of the applicant from
which it was paid.]
(d) Where the application for express delivery is granted, the copies,
applied for, shall be prepared as expeditiously as possible getting
preference over ordinary applications for copies, and ordinarily
should be made ready for delivery not later than two days after the
order for express delivery is passed.
(e) The words ―express delivery‘ shall be noted in red ink at the top of
the first page of the copies and in the remarks column of the
Register of Applications.
(f) Unless directed by the Court, the extra costs for obtaining such an
express copy, shall not be taken into account in calculating the
costs of any proceedings.
(4) An application for copy of an order containing direction to supply copy
on the date of order shall, for all purposes, be treated as an application
for express delivery.
8. (1) Every 2[physical] application for certified copy presented in the
copying section of the High Court, shall be scanned by the filing
assistant and if there be any mistake, defect or shortcoming apparent
ex-facie, he shall get the same rectified by the applicant.
(2) The application shall then be registered and allotted a number. The
filing assistant shall forthwith issue a receipt therefor. Such receipt
shall, inter alia, indicate the registration number of the application and
the date on which the certified copy is likely to be ready.
9. (1) Before preparation of the certified copy, every application shall be
minutely scrutinized. The defect, if not enquired into and rectified,
shall be notified on the notice board of the copying section and shall
also be published once in the cause list at an early date.
1. Substituted by Notification published in M.P. Gaz. (Ext.) dt. 07.06.2012, Page 532(8)
2. Added and Inserted by Notification published in M.P. Gaz, Part 4 (Ga) , dt. 31.12.2021,
Page 1473
136 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.18. R.8

(2) Where the defect is not cured within 15 days of such publication with
the cause list, the Head Copyist shall notify the application for being
returned to the applicant or his advocate at his expense along with the
balance of advance. In case the applicant or his advocate fails to take
the application back within 15 days of such notification, it shall be
filed by the Registrar.
(3) The notice of a defective application received by post, shall be sent
to the applicant by post, as expeditiously as possible.
2
[(3a) The defects in an online application shall be displayed
instantaneously on the screen of the applicant or its intimation shall
be sent through SMS/E-mail, if available.]
(4) Where the defect, mistake or shortcoming is removed within the period
stipulated in sub-rule (2), the section shall proceed to prepare the
certified copy applied for.
10. Every judgment or final order sent by the Reader under rule 3 of chapter
XVIII of these Rules shall be scanned and stored in the server of the copying
section in Portable Document File Format, regardless of the fact that no
application for a certified copy thereof had till then been filed. All due
precautions shall be taken on administrative and technical side to prevent
1
[tampering] with such stored judgments.
11. A defect free application for certified copy shall be proceeded with in the
following manner-
(1) Where a certified copy of a digitally 2[/electronically]signed
judgment or order, transmitted to the main server of the High Court
under rule 3 of chapter XVII of these Rules, has been applied for,
the Head Copyist shall access the same and where the software
indicates that –
(a) the judgment or final order has been digitally 2[/electronically]
signed by the corresponding private key and
(b) the document has not been tampered with,
- the Head Copyist shall take out a print thereof and after completion
of formalities, issue the certified copy.
2
[(c) In case of online application and online delivery of certified copy, the
Head Copyist or the person authorized by the Registrar General shall
authenticate such certified copy and after completion of all formalities,
issue the same.]

1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
2. Added, Inserted & Deleted by Notification published in M.P. Gaz, Part 4 (Ga), dt.
31.12.2021, Page 1473.
Ch.18. R.10 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 137

(2) Where the certified copy of a judgment or order, stored in the server
2
[***] section in 2[**] portable document 2[**] format 2[PDF]
through the process of scanning 2[or in any uneditable read only
format] has been applied for, the Head Copyist shall take out a print
thereof 2[in the case of a physical copy or shall authenticate online
in the case of an online copy, as the case may be]and after completion
of formalities, issue the certified copy.
(3) Where certified copy of a document, which is not available in
electronic form, forming part of a record in the custody of the Dealing
Assistant or the record keeper, has been applied for, a requisition shall
immediately be sent to such Dealing Assistant or the record keeper, as
the case may be, and the latter shall transmit the record on priority
basis to the copying section.
The Head Copyist shall, as far as possible, prepare photo copies of
such documents and after completion of formalities, issue certified
copies.
12. Certified copy of a document, applied for, shall be prepared only where the
whole amount, chargeable under the rules, has been deposited.
13. No certified copy shall contain the signature of the Judge. Care shall be
specially taken to mask the signature of the Judge while scanning or
preparing a photocopy from the original document containing such signature.
14. The charges for preparing certified copy shall be –
(1) Rs. 4.00 for every page or a fraction thereof by computer printing or
by photo copy machine,
(2) Rs. 20.00 for every page of colour copy of not larger than A4 size,
and
(3) Rs. 5.00 for every page or a fraction thereof by type/manual writing,
where computer printing or preparation of photo copy is not
possible, or
(4) -such charges, as may, from time to time, be prescribed by the Chief
Justice.
15. (1) Copies of documents such as stamps, registers and statement may
have to be prepared on paper other than the ordinary copy sheets. The
head-copyist shall take such advance as he considers necessary
for the preparation of the copies. However, after examining the
completed copy he shall decide how much is to be charged. The Head
Copyist shall affix Court-fee stamps 1[/certificate of amount paid
online with necessary particulars on] the copies so prepared, the value of the
stamps being equal to the amount of the copying fees, as decided.
1. Inserted, Added and Substituted by Notification published in M.P. Gaz, Part 4 (Ga), dt. 31.12.2021,
Page 1474.
2. Added, Inserted & Deleted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 31.12.2021, Page
1473
138 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.18. R.12
1
[(1a) Every certified copy issued shall specify whether it is for personal
use or official use.]
(2) (a) A copy of judgment or order marked ―A.F.R.‖ (Approved for
reporting) by any Judge or Judges of this Court, applied for by an
approved law reporter for purposes of reporting will be supplied
at a fee to be notified by the Chief Justice from time to time.
(b) A copy of the judgment or order, though not marked ―A.F.R.‖
(Approved for reporting), applied by a Law Reporter, approved
for reporting short notes, either weekly or fortnightly for purposes
of reporting short notes, will also be supplied at a fee to be notified
by the Chief Justice from time to time.
(c) The Chief Justice may approve one or more Law Reporter on
such terms and conditions as may be deemed fit, for purposes of
reporting weekly or fortnightly short notes keeping in view the
feasibility of issuing necessary copies in time, at the concessional rate.
(3) Applications for the grant of copies free of cost of judgments or
order/orders of the Court in criminal cases will be decided by the
Judge or Judges concerned under the provisions of section 363(5) of
the Code of Criminal Procedure, 1973.
1
[16. Following details shall be entered on every certified copy:

Details of offline certified copy Details of online certified copy

(1) Application received on …..………. (1) Applied by …………….…
(2) Applicant to appear on ……............. (2) Application number …….…
(3) Applicant appeared on ……………. (3) Payment amount …………..
(4) Application sent to Record (4) Date of Application ……….
Keeper/Dealing Assistant on …………
(5) Application received from (5) Date of delivery ……….
………………….…...... On………..….
(6) Applicant given notice for (6) Mode of delivery …………
further or correct particulars on ...........
(7) Applicant given notice for
further payment on ……………..……
(8) Notice in Sr. No. (6) or (7)
complied with on ………………..……
(9) Copy ready on …………………….
(10) Copy delivered on ………….……
(11) Court fee realized ...................... ……]
1. Inserted, Added and Substituted by Notification published in M.P. Gaz, Part 4 (Ga), dt. 31.12.2021, Page 1474.
Ch.18. R.16 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 139

17. The certified copy, when ready, shall be delivered to the applicant or a
person authorized by him on the reverse of the receipt.
In all cases the receipt, issued under rule 8 above, shall be surrendered at
the time of delivery of a certified copy. Where the receipt is not so produced,
the matter shall be placed before the Deputy Registrar for appropriate
directions.
18. Notwithstanding anything contained in this chapter, where the Central
or the State government is a party to any proceeding, it shall, on an application
2
[/online application], be entitled to receive a certified copy of any
judgment or order only for government purposes and not for production in
the Courts of law, on unstamped paper, free of cost 1[printed on both sides on
a recycled, 60 GSM paper].
Such certified copy shall bear an endorsement to the effect that it has been
issued for government purposes only, under rule 18 of these Rules.
19. The Copying Section shall maintain registers and accounts with necessary
2
modifications, in accordance with the provisions contained in part [5],
chapter XXIII of the Rules and Orders (Civil), made by the High Court under
section 23 of the Madhya Pradesh Civil Courts Act, 1958.
20. Unless otherwise provided in this chapter, the procedure laid down in
chapter XXIII of the Rules and Orders (Civil), made by the High Court under
section 23 of the Madhya Pradesh Civil Courts Act, 1958, shall apply mutatis
mutandis to the copying section of the High Court.
2
[21. The copying Section shall maintain a separate register of applications in
accordance with the provisions contained in Part 5, Chapter XXIII of the Rules
and Orders (Civil), made by the High Court under section 23 of the Madhya
Pradesh Civil Courts Act, 1958 for online certified copies of records specifying
the following details:
(a) Particulars of the applicant
(b) case number
(c) unique ID number of electronic record
(d) date of application and date of issue of the certified copy of such
electronic record
(e) details of the electronic device used for providing certified copy
specifying the hash value of the electronic certified copy along with
other requirements.]
****
1. Inserted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 18.01.2019, Page No. 65.
2. Inserted, Substituted and Added by Notification published in M.P. Gaz. Part 4 (Ga), dt.
31.12.2021, Page 1475.
140 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.18. R.17

CHAPTER XIX
RECORDS
Inspection of Records
1. Subject to the rules hereinafter contained -
(1) (a) an advocate may inspect record of any case of this Court, and
(b) any party to a case or his recognized agent may inspect the record
of that case,
- whether pending or disposed of, on submission of a requisition
slip in Form No. 28.
(2) Any other person desiring to inspect the record of a case whether
pending or disposed of, may be permitted to do so on his presenting a
memorandum showing the nature of the interest, for the protection of
which inspection is sought.
2. The inspection of the record of a case may be made on the order of the
Section Officer/Assistant (Record Room) in the Inspection Room under the
supervision of the Inspection Clerk during office hours.
3. A Book, called the Inspection Book, shall be kept by the Section Officer,
Record Room. Every person seeking inspection shall, prior to making
inspection, enter the necessary particulars therein.
4. No pen or ink shall be used during inspection. Pencil and paper maybe
used and no marks shall be made on any record or papers inspected. Any
person infringing this rule may be deprived of his right to inspect such record,
on a report of the concerned Section Officer, by the Registrar, for such period
as he may direct.
5. Except as provided in Rule 9, an inspection fee of Rs.10.00 per hour or a
fraction thereof, shall be charged for every record inspected. The record of
an appeal, application or petition shall include the record of the original
proceeding, requisitioned therein.
6. Prescribed books and registers may be inspected by an advocate or any
member of public in the same manner as the record of a case. The procedure
prescribed in rules 2, 3 and 4 of this chapter, shall apply mutatis mutandis
to the inspection of books and registers except that it shall not be necessary
to state particulars showing the interest to inspect.
7. The fee, for inspecting books and registers, shall be Rs. 10.00 per hour or
a fraction thereof, spent in the inspection, irrespective of the nature or number
of the books or registers, inspected. The person, seeking inspection, must,
prior to making inspection, make the necessary entries in the Inspection
Book.
Ch.19. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 141

8. Inspection fees shall be levied by means of Court-fee stamps. No money

shall be paid to any officer or official of the Registry for inspection. The
inspection clerk or the Dealing Assistant shall affix Court fee stamps in the
column provided for it in the Inspection Book and cancel them by punching
out the figure-head so as to leave the amount designated on the stamp
untouched, and by burning or otherwise destroying the part removed by
punching. The Section Officer shall see that the stamps are duly affixed and
cancelled. The fee shall be prepaid and non-refundable.
9. No inspection fee shall be charged for the inspection of records, books and
registers by -
(1) Government Law Officers or other persons, duly authorized in this
behalf for Government purposes;
(2) by an official of the Court of Wards for the purposes of that Court;
(3) for inspection of a record, by any one when the inspection is made
pursuant to the directions of the Court;
(4) for the inspection of the record of a pending case by a party thereto or
his recognized agent or counsel empowered to act on his behalf;
(5) for the inspection of a record in which the judgment has been marked
―Approved for reporting‖ when the inspection is made by a
representative of a Law Reporting Agency, approved by the Chief
Justice;
(6) for the inspection of the record in any case disposed of by the Court
when the inspection is made by the representatives of media – print or
electronic, approved by the Chief Justice; or
(7) for the inspection of the records in the matter of any bank in
liquidation by an officer appointed by the Reserve Bank of India.
10. It shall be the duty of the Inspection Clerk to see that the record under
inspection is not altered, defiled, tampered with or removed wholly or in part
and that it is returned in its original condition when the inspection is over. He
shall permit none but the applicant to inspect the record or to take notes or
extracts. The inspection must be completed and the record returned within the
office hours of the day on which the record was taken out for examination.
11. If the applicant fails to make inspection, within one week from the date, on
which inspection was ordered, the order shall lapse and no inspection shall be
allowed without a resh application.
12. When the record of a criminal case is made available for inspection to an
advocate or party, the Police case-diary and the translation thereof shall be
removed from the file. Parties and the advocates shall not be allowed to have
access to these documents.
142 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.19. R.8

13. The record of every disposed of case shall remain open for inspection free
of charge by the party or counsel for 6 days after the date of delivery of the
judgment or order in that case.

MAINTAINANCE AND DESTRUCTION OF RECORDS

14. The colour of the file cover of the record of a civil case shall be yellow, of
a criminal case shall be red and that of a writ case shall be green.
15. 1[(1)] The paper used for writing judgments and orders shall not be less
than 70 G.S.M.
2
[(2) A Judgment or an Order shall be typed/printed on both side of a
ledger paper of foolscap size, leaving a margin of not less than 5
centimeters on the top and left and 2.5 centimeters on right and
bottom.
(3) It shall be printed using double space, font size of 14 and font face
Times New Roman.]
16. Each record shall be divided into three files, which shall be called Order
Sheet (OS) File, A File and B File.
17. Each paper, as it is filed, shall be entered in the index which is put with
record of every case on its institution and shall be marked with the letter OS,
A or B for the purpose of indicating whether it belongs to the file- OS, A or
B.
I. CIVIL RECORDS
18. Order sheet file shall consist of order-sheets including interlocutory
orders.
19. File A in records of civil cases other than writs shall consist of the
following papers :
(1) Memorandum of appeal.
(2) Petition for revision.
(3) Reference under section 113 read with rule 1 of order XLVI, Civil
Procedure Code, 1908 or other law with final order.
(4) Notice, with report of service in ex-parte cases.
(5) Memorandum of objection under Rule 22 or 26 of Order XLI of the
Code of Civil Procedure.
(6) Security bond for costs filed by an appellant.
1. Renumbered by Notification published in M.P. Gaz. Part 4(Ga), dt. 18.01.2019, Page No.
65.
2. Inserted by Notification published in M.P. Gaz. Part 4(Ga), dt. 18.01.2019, Page No. 65.
Ch.19. R.13 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 143

(7) Petition for substitution, addition or striking out of name of parties or

for substitution of names of legal representatives of a deceased party to
the proceeding including petition for appointment of a next friend or
guardian.
(8) Affidavits except affidavits presented with petitions.
(9) Depositions of parties or witnesses taken in this Court by the lower
Court on remand.
(10) Commissioners‘ proceedings held thereunder and reports and
examination of commissions.
(11) Documents admitted in evidence in the Court.
(12) Orders impounding a document.
(13) Order imposing a fine on a witness.
(14) Application to refer to arbitration, references to arbitration, the award
or other final return of the arbitrators with the proceedings, depositions
and documents submitted therewith and the Court‘s order thereon.
(15) Petitions of withdrawal, instruments of compromise or admissions on
which judgment is based.
(16) Service Report.
(17) The Court‘s judgment or final orders.
(18) The decree and all documents relating to the preparation or
amendments thereof.
(19) Copy of the lower Court‘s judgment.
(20) Power of attorney or memorandum of appearance.
(21) Petition for the re-admission of any civil proceeding, dismissed for
default or for rehearing of any civil proceeding, decreed ex- parte, with
any affidavit or other document, filed therewith.
(22) Petition for review of judgment with any affidavit or other document
filed therewith.
(23) Petition for amendment of decree with any affidavit or document filed
therewith.
(24) Judgment or final order on a petition referred to in rule 22 and 23.
(25) Petition for leave to the Supreme Court.
(26) Certificate of fitness of case for appeal to the Supreme Court.
(27) Record of enquiry as to value of subject-matter of the suit or appeal and
the Court‘s order granting certificate to appeal to the Supreme Court.
144 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.19. R.19

(28) Judgment of the Supreme Court.

(29) Note-sheets relating to the preparation and printing of the Supreme
Court appeal record.
(30) Certified copy of order granting special leave to appeal to the
Supreme Court.
(31) Certified copy of judgment and order of the Supreme Court.
(32) Certified copy of stay order of the Supreme Court.
(33) Lists A and B of the Record.
(34) Correspondence with the Registrar of Supreme Court.
(35) Certificate regarding security deposit by the appellant.
(36) Certified copy of order of the Supreme Court giving directions
regarding preparation of paper-books, etc.
20. The OS file in writ cases shall consist of order sheets including
interlocutory orders.
21. File A in records of writ cases shall consist of the following papers :-
(1) Petition with annexure.
(2) Return with annexure.
(3) Rejoinder with annexure.
(4) Additional Return with annexure.
(5) Additional Rejoinder with annexure.
(6) Application for amendment.
(7) Application for taking additional document on record.
(8) Application for Intervention.
(9) Any other-application (S).
(10) Final Order.
(11) Vakalatnama filed by the parties.
(12) Copy of Writ (if any).
22. File B in all civil proceedings including writs shall consist of all papers,
not indicated above as belonging to File A, provided that the Court may direct
that any paper or class of papers which would otherwise belong to File B,
shall be placed in File A.
Note- The following papers are indicated for facility of reference as
belonging to File B-
Ch.19. R.20 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 145

(1) Certificate for Legal Practitioner‘s fee.

(2) Copy of lower Court‘s decree.
(3) Proceeding calling for the record or directing the issue of a notice.
(4) Notices.
(5) Lower Court‘s proceedings forwarding the record or notice served on
respondent.
(6) Petition for postponement of execution or of sale, or for the issue of an
injunction.
(7) Proceeding directing the issue of a notice to show cause.
(8) Notice to show cause, with the report of service.
(9) Respondent‘s application for security for costs being taken from the
appellant.
(10) Petition for adjournment.
(11) Petition for records or account-books to be sent for.
(12) Petition for return of documents.
(13) Application for copies.
(14) Other applications which have been disallowed.
(15) Papers relating to preparation of estimates together with the lists of
documents to be included in the Paper-book.
(16) Translations of papers not in Hindi or English.
(17) Paper-books.
(18) Estimate of costs and depositing security.
(19) Application for extension of time or condoning delay in depositing the
security and paper-book costs.
(20) Notices to the respondents of admission of appeal and to the parties
regarding dispatch of paper-books to the Supreme Court.
(21) Applications and affidavits for expediting the preparation of the paper-
books.
(22) Postal acknowledgments etc.
(23) Correspondence with advocates.
(24) Applications for copies of Paper-books.
(25) Surplus copies of the paper-books.
146 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.19. R.22

23. The following papers in the OS File and File A shall be preserved
permanently -
(1) Index.
(2) Order sheets including interlocutory orders
(3) Judgments and final orders of this Court and that of the Supreme Court
with compromise, if any, on which the decree is based.
(4) Decrees.
(5) Application for withdrawing a case.
(6) Certified copy of order granting special leave to appeal to the
Supreme Court.
(7) Certified copy of judgment and order of the Supreme Court.
1
[(8) Such papers, in case of historical, sociological and scientific value,
as in the opinion of the Court, should be permanently preserved.
(9) Any original document relating to title whether it has been admitted
or not.]
2
[(10)] Any other documents ordered by the Court to be retained
permanently.
Note - When a grant of probate or letters of administration with a copy of
the will annexed has been made, the original will shall forthwith be
forwarded to the District Registrar as required by a rule of the Rules,
published in the Registration Department Notifications Nos.1925 A and
1925 – B, dated the 4th December, 1919, and Judicial Department
Notifications Nos.78/202-A-V and 79 of 202-B- V, dated the 4th March, 1920.
24. Papers in A File other than those mentioned in preceding rule shall be
preserved for a period of 3[4 years] and shall thereafter be destroyed with the
permission of the Registrar.
25. Papers in File B of the cases not appealed to the Supreme Court shall
be destroyed after one year. In the cases appealed to the Supreme Court, the
papers shall be retained until the final orders on the appeal are
communicated to the Court and shall then be destroyed.

1. Inserted by Notification published in M.P. Gaz. Part 4(Ga), dt. 18.01.2019, Page No. 65.
2. Renumbered by Notification published in M.P. Gaz. Part 4(Ga), dt. 18.01.2019, Page No.
65.
3. Substituted by Notification published in M.P. Gaz. Part 4(Ga), dt. 18.01.2019, Page No. 65.
Ch.19. R.23 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 147

26. (1) Documents which are produced in this Court, but are not admitted in
evidence, shall be returned by the Court to the party or advocate,
producing them immediately after rejection. If any of them
unavoidably remain in the Court, they shall be placed in a closed cover
labeled ―Documents filed by …… to be returned‖ before the record
is sent for deposit in the Record Room. The cover should be kept
with the File B and destroyed if the contents are not taken back
prior to such destruction:
Provided that original documents relating to title, shall be kept in
the fileA and 1[preserved permanently.]
(2) Documents which are admitted in evidence shall be returned by the
Court-
(a) where the case is one in which an appeal to the Supreme Court is
not allowed, when the case has been disposed of; and
(b) where the case is one in which an appeal to the Supreme Court is
allowed, when the time prescribed for such appeal has elapsed and
no appeal has been preferred or if such appeal has been preferred,
when the appeal has been disposed of.
A document may, however, be returned before the expiration
of the time prescribed for an appeal to the Supreme Court or before
the disposal of such appeal if the person applying for the same
delivers a certified copy to be substituted for the original and
undertakes to produce the original if required to do so. But no
document shall be returned which is ordered to be impounded or
has, by force of the decree, become wholly void or useless, or
which is required by law to be preserved.
(c) A notice shall be issued on a service post card, intimating the
party by which the documents were filed, that documents filed in
appeal or other proceedings should be withdrawn within 90 days
hereafter, as the decree or order, made therein, has become final
and that if they are left with the Court, they shall be kept at the
risk of the party. 2[* * * * ]

1. Substituted by Notification published in M.P. Gaz. Part 4(Ga), dt. 18.01.2019, Page No. 65.
2. Deleted by Notification published in M.P. Gaz. Part 4(Ga), dt. 18.01.2019, Page No. 65.
148 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.19. R.26

II. CRIMINAL RECORDS

27. The OS file shall consist of order-sheets including interlocutory orders.
28. File A in criminal appeals, references and revisions shall consist of the
following papers-
(1) Index.
(2) The memorandum of appeal or petition for revision or reference with a
translation into English if the memorandum or petition is in a language
other than Hindi.
(3) Depositions of parties or witnesses taken in the Court or by the lower
Court on remand.
(4) Judgment or order of the High Court.
(5) Warrant for execution of sentence and levy of fine.
(6) Vakalatnama and memo of appearance.
1
[(7) Such papers, in case of historical, sociological and scientific value,
as inthe opinion of the Court, should be preserved.
(8) Any original document relating to title whether it has been admitted
or not.]
29. File B shall consist of all papers in the record not indicated above as
belonging to File OS and A, provided that the Court may direct that any
paper or class of papers, which would otherwise belong to File B, be placed in
File A.
30. The periods for which Files OS and A of the records of Criminal Appeals
and Revisions is to be preserved, shall be as follows-
(1) Criminal Appeals in non-bailable cases except summarily dismissed ….
…….. 14 years from the date of final order.
(2) Criminal Appeals in non-bailable cases which have been summarily
dismissed and Criminal Appeals in bailable case…….. 6 years from
the date of final order.
(3) Criminal Revision ……. 6 years from the date of final order.
(4) Miscellaneous Criminal Cases …… 6 years from the date of final
order.
Provided that no records shall be destroyed until one year has
elapsed after the expiry of the longest sentence imposed on any
accused still alive.
1. Added by Notification published in M.P. Gaz. Part 4(Ga), dt. 18.01.2019, Page No. 65.
Ch.19. R.27 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 149

31. Papers in File B shall be retained for one year from the date of judgment
and shall then be destroyed unless the Court otherwise directs.

General Rules
32. No records shall be destroyed without the previous sanction of the
Registrar, and the fact of the destruction of any record shall be noted in the
―Register of Records Destroyed‖ maintained by the Record Keeper.
33. (1) The destruction of all records and papers shall be in the presence of
the Record Keeper supervised by the Deputy Registrar.
(2) The record shall be destroyed by burning or shredding or by such other
mode as may be directed by the Chief Justice.
34. The Record Keeper shall, when putting papers aside for destruction,
mutilate all Court fee stamps attached to them in such manner that it shall be
impossible to use them again.
35. Elimination of B files of records shall be carried out month by month by
examining the records of the thirteenth month back. As far as possible, similar
monthly examination of the A file, shall be made - work on these being
brought up-to-date by the end of vacation.
Reconstruction of Records
36. Due care shall be taken to ensure that no record of a case is lost or
misplaced or mutilated by rodents, termites or otherwise.
37. Where a record is lost, misplaced or mutilated fully or partially from the
custody of any officer or official of the Registry, the matter shall immediately
be reported to the Section Officer/Assistant (Record Room), who shall intimate
the same to the Deputy Registrar.
38. The Deputy Registrar shall cause the intimation to be circulated amongst
all officers and officials of the judicial branch of the Registry. If such record
is in the possession of any of such officers or officials of the Registry, he shall
immediately intimate the Deputy Registrar. Where the record is not traced, all
officers and officials of the judicial branch shall make every possible effort to
trace the same.
39. Where the record is not traceable after such efforts as are mentioned in
preceding rule, the matter shall be placed before the Registrar, who shall
record a finding that the record has been so lost, irretrievably misplaced or
mutilated fully or partly, whereafter the matter shall be placed before the Chief
Justice for appropriate order including order for part or full reconstruction of
such record.
150 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.19. R.31

40. Where the record to be reconstructed belonged to the High Court, it shall
be reconstructed by the Registrar and where it belonged to lower Court, it shall
be reconstructed by the Presiding Officer of the lower Court under the
supervision of the District Judge.

THE PRESERVATION AND DESTRUCTION OF REGISTERS

41. A Register of Registers deposited in the Record Room shall be maintained.
42. (1) The Register of Registers shall consist of two parts, viz. part I and
part II-
(a) List of Registers to be preserved permanently.
(b) List of Registers to be eliminated after the expiry of prescribed
period.
(2) Part I and each Section of Part II shall be divided into division. a
separate division being opened for each different kind of register. A
separate series of numbers shall be given to the registers entered in
each division. Care shall be taken to ensure that the space allotted to
each division is such that the pages belonging to each division will be
completely filled in approximately the same length of time.
(3) Part II shall be divided into sections as follows:-
(a) Section A- Registers to be preserved for 35 years.
(b) Section B- Registers to be preserved for 14 years.
(c) Section C- Registers to be preserved for 12 years.
(d) Section D- Registers to be preserved for 6 years.
(e) Section E- Registers to be preserved for 3 years.
(f) Section F- Registers to be preserved for 1 years.
(4) Part I and Part II shall be separately paginated through-out and a table
of contents shall be made at the beginning of the Part showing
allotment of pages to each Section and to each kind of register.
43. On receipt in the Record Room, a register shall at once be entered in the
appropriate division of Part I or Part II, as the case may be.
Ch.19. R.40 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 151

PART I
List of Registers to be preserved permanently.
(1) Register of -
(a) Arbitration Appeal.
(b) Arbitration Case.
(c) Arbitration Revision.
(d) Civil Revision.
(e) Contempt Appeal.
(f) Contempt Petition Civil.
(g) First Appeal.
(h) Miscellaneous Appeal.
(i) Miscellaneous Civil Case.
(j) Review Petition.
(k) Second Appeal.
(l) Company Appeal.
(m) Company Petition.
(n) Miscellaneous Company Appeal.
(o) Criminal Appeal.
(p) Criminal Reference.
(q) Criminal Reference (Capital Punishment).
(r) Criminal Revision.
(s) Contempt Petition (Criminal).
(t) Miscellaneous Criminal Case.
(u) Election Petition.
(v) Central Excise Appeal.
(w) Customs Appeal.
(x) Foreign Exchange Management Appeal.
(y) Income Tax Appeal.
(z) Tax Reference.
(aa) Value Added Tax Appeal.(ab) Wealth Tax Appeal.
(ac) Writ Appeal. (ad) Writ Petition.
(ae) Records destroyed.
(af) Recognized clerks of Advocates.(ag) Office Order Book,
- and those required to be preserved under the old / repealed rules.
152 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.19. R.43

PART II
List of Registers to be Eliminated after the Expiry of the
Prescribed Period
Description of Registers
Section A (35 Years)
(1) Register of Civil Court Deposit Receipts.
(2) Register of Repayment of Civil Court Deposits.
Section B (14 Years)
(1) Cashier‘s General Cash Account.
Section C (12 Years)
(1) Book of Deposit Repayment Vouchers.
(2) Correspondence Registers.
(3) Cashier‘s Account Book.
(4) Register of Elimination of Records.
Section D (6 Years)
(1) Head Copyist‘s Register of Application for Copies.
(2) Head Copyist‘s Detailed Account Book.
(3) Head Copyist‘s Account Book.
(4) Head Copyist‘s Duplicate Receipt Book.
(5) Challan-Book of Money sent into the Treasury.
(6) Remittance List.
(7) Register of Monthly Business Statements.
(8) Register of Records Received from the Lower Courts.
(9) Register of Records Dispatched.
(10) Cashier‘s Book of Receipt for Money.
(11) Register of Progress of Cases in the Pending and Paper-book Branches
(Civil).
(12) Head Copyist‘s Pass Book A and B.
(13) Head Copyist‘s List of unexpended advances.
(14) Estimator‘s Register of Estimates prepared.
Section E (3 Years)
(1) Register of Inspection of Records.
(2) Copying Branch Register of Daily Disposals.
Ch.19. R.43 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 153

(3) Book of Requisition for Records (Civil and Criminal).

(4) Register of Work Done Daily in the Copying Section.
(5) Book of Intimation to Lower Court of Admission of Appeal.
(6) Book of Acknowledgment of Records returned.
(7) Register of Applications Received by Post.
(8) Register of Process Issued.
(9) Register of Progress of Cases in the Pending and Paper-book Branches
(Criminal).
(10) Consolidated Register of Bills of Costs for Paper Books.
(11) Register of records Deposited in Record Room.
Section F (1 Year)
(1) Attendance Roll.
(2) Disposal Ledgers.
(3) Register showing Work Done Daily by each clerk in Supreme Court
Section.
(4) Cause List.
(5) Register of Receipts and Issues of Forms.
(6) Register of Work Done Daily in the Copying Section.
(7) Register showing preparation of Records of cases for transmission to the
Supreme Court.
(8) Register of Distribution of Work in the Translation Section.
(9) Register of Work Done by Translators.
(10) Register of Work Done by Dealing Assistants.
(11) Register of Work Done by Estimators.
(12) Register of Daily out-turn of Typist in the Paper-Book Branch.
(13) Consolidated Register of Work Done daily by each Translator.
Note:- Any other registers and papers of ephemeral nature for the
preservation of which no specific period has been prescribed, shall be
destroyed at the end of one year.

****
154 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.19. R.43

CHAPTER XX
DEPOSIT AND WITHDRAWAL OF MONEY
1. The Cashier (Judicial) is the official appointed to receive all payments or
deposits, made in the High Court, unless such payment or deposit is by any
order of the Registrar, required to be made to any other official. All other
officials of the Court are, except with the specific permission of Registrar,
forbidden to receive money.
2. Persons, desiring to deposit fees or security in connection with appeals to
the Supreme Court, shall present a memorandum to Deputy Registrar Judicial,
giving particulars of the sum to be deposited, the purpose of deposit and the
case in connection with which the deposit is made. The Deputy Registrar
Judicial shall, where the deposit is proper, endorse on the memorandum an
order to the Cashier (Judicial), directing him to receive the amount and return
the memorandum to the depositor. The latter shall take the memorandum and
the deposit the same with the cashier.
3. Paper-book costs may be deposited by a party or his agent or by his counsel
or that counsel‘s recognized Clerk and by none else. The depositor shall
present to the estimator a memorandum, giving particulars of the sum to be
deposited, the date by which deposit is due and particulars of the case in
connection with which the deposit is made. The Estimator shall endorse on the
memorandum whether the amount is in time and whether the deposit,
tendered, is the full amount, required, and shall return the memorandum to the
depositor. The depositor shall thereupon take the memorandum to the Section
Officer/ Assistant who shall verify the Estimator‘s report and direct the Cashier
(Judicial) to receive the amount of deposit. The Cashier (Judicial) shall receive
deposits daily upto 3.30 p.m.
4. Part payment of paper-book costs will not be accepted. If therefore, the
Estimator‘s endorsement certifies that the sum to be deposited is not the full
amount, required, the Cashier (Judicial) shall decline to accept it and shall
endorse the fact on the memorandum and return it to the depositor.
5. If the date of tender is beyond the time allowed, the Cashier shall accept the
money subject to any orders of the Court on the matter and shall make the
necessary entries in his register with an endorsement of the factum of deposit
on the memorandum.
6. If the amount tendered is the full amount and is within time, the Cashier
(Judicial) shall accept it, make the necessary entries in his register and
endorse the fact of deposit on the memorandum.
7. When the deposit has been accepted the Cashier (Judicial) shall forward the
Ch.20. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 155

memorandum to the Estimator who shall file the memorandum in the record
of the case and in cases falling under rule 5, take the steps necessary to obtain
the requisite orders.
8. The Cashier (Judicial) shall give a receipt from the receipt book for all
sums of the money paid to him. Members of the public, depositing money,
should see that a proper receipt is issued to him.
9. A person, desiring the refund of an unexpended balance of paper-book,
shall present a written memorandum giving particulars of the deposit and the
balance to be withdrawn to the Section Officer/Assistant, paper-book branch.
The latter shall obtain the report of the Cashier whether the amount is in deposit
and whether the applicant is entitled to refund. If the applicant is not personally
known to the Section Officer/Assistant, he shall be identified by two
respectable persons known to the Section Officer/Assistant, who shall after
verifying the report of the Cashier, endorse on the memorandum his certificate
that the refund is proper and that the applicant is either personally known to
him or is identified by two responsible persons, whose names are stated in the
endorsement, who are personally known to him and shall obtain the orders of
the Registrar for the refund of the amount. On receipt of the Registrar‘s order
the memorandum will be presented to the Cashier (Judicial) who will prepare
the necessary vouchers, make the refund and endorse on the memorandum the
factum of refund. If the amount to be refunded has lapsed to Government, the
Cashier shall prepare a refund application in the prescribed form and deliver it
to the applicant for presentation at the Treasury. The prior sanction of the
Accountant General shall be obtained in all cases where the amount of the
lapsed deposit exceeds Rs.5/-. The memorandum will then be returned to the
Section Officer/Assistant and will be filed with the record of the case.
10. No refund of a deposit made by or on behalf of a party will be made to
advocate unless it is accompanied by a power of attorney empowering the
advocate to withdraw the deposit or by a declaration to the effect that the
advocate is empowered to receive the deposit on behalf of his client by virtue
of the power filed by him in the case.
11. A person desiring the withdrawal of a sum deposited in connection with a
Supreme Court case, may do so by a properly stamped application addressed
to the Court.

****
156 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.20. R.8

CHAPTER XXI
APPEALS TO THE SUPREME COURT
(A) Civil Appeals on Certificate by the High Court.
1
1. [(1) . . . .
(2) . . . .
(3) . . . .]
2
[(4) A party desiring to appeal to the Supreme Court may apply orally
for a certificate in terms of article 134-A of the Constitution of
India immediately after the pronouncement of the judgment by the
Court and the Court may, as soon as may be, after hearing the
parties or their counsel grant or refuse the same to the party on such
oral application.]
1
2. [. . . ]
2
3. [Upon the Court directing grant of certificate, suo motu or otherwise the
Registrar shall issue a certificate for fitness to appeal in Form No. 30 or 31.]
4. In view of rule 5 of order XLVII of the Supreme Court Rules, 1966 no
application for consolidation of appeals will be entertained by this Court.
5. An application for amendment of the record of the appeal by adding or
substituting parties will not be entertained by this Court after the date of the
order granting the certificate. The parties desiring such amendment shall be
required to move the Supreme Court in that behalf.
6. When a party has been represented at hearing of the appeal by an advocate,
unless the vakalatnama of such advocate has been cancelled with the
sanction of the Court, or the Court otherwise directs such advocate shall accept
service of the notice in the following cases, and the service of notice in such
cases on the advocate shall be deemed sufficient notice:-
3
(1) [ * * * ];
(2) of lodgment of petition of appeal under rule 7;
(3) for inspecting the record and filing the list of documents under rule 9;
(4) 2[(a) for making deposit for the costs of transmission of the original
record; or
1. Deleted by Notification published in M.P. Gaz. (Ext.) dt. 30.07.2010, Page 802(3), w.e.f.
10.08.2010.
2. Substituted by Notification published in M.P. Gaz. (Ext.) dt. 30.07.2010, Page 802(3), w.e.f.
10.08.2010.
3. Deleted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 18.01.2019, Page 66.
Ch.21. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 157

(b) the preparation of transcript of the record in English and for

its transmission; or
(c) for the preparation and transmission of the printed or
photocopies transcript of the record.]

7. On receipt of the copy of the petition of appeal from the Supreme Court,
the Deputy Registrar shall:-
(1) cause notice of the lodgment of the petition of appeal to be served on
the respondent personally or in the manner provided under rule 6
above, in Form No. 32.
(2) unless otherwise ordered by the Supreme Court, transmit or cause to
be transmitted to that Court at the expense of the appellant the original
record of the case, including the record of the Courts below;and
(3) as soon as notice as aforesaid is served, send a certificate to the
Supreme Court as to the date or dates on which the said notice was
served on the respondent or respondents in Form No. 33.
8. (1) (a) Where proceedings from which the appeal arises were conducted
in Courts below in English, the Deputy Registrar shall, as soon as a
copy of the petition of appeal is received from the Supreme
Court, call upon the appellant vide Form No. 34 to deposit in this
Court the necessary amount to cover the costs of transmission of
the original record of the case including the record of Courts
below to the Supreme Court.
(b) If the record of the Courts below is in the High Court, upon the
appellant‘s depositing the amount, the Deputy Registrar shall
forward the same along with the record of the High Court, to the
Supreme Court.
(c) Where the record of the Courts below is not in the High Court, the
Deputy Registrar shall direct the Courts below to transmit the
records directly to the Supreme Court under intimation to this
Court.
(d) The Deputy Registrar shall also forward to the Supreme Court the
record of the case so far as it pertains to the appeals in the High
Court.
(2) After meeting the costs of the transmission of the record, the balance of
the deposit shall be refunded to the appellant.
(3) Any default on the part of the appellant to deposit the amount to cover
the costs of the transmission of the record as above, shall be reported
to the Supreme Court for orders.
158 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.21. R.7

9. (1) Where the proceedings from which the appeal, arises were conducted
in Courts below in a language other than English, the Deputy Registrar
shall, as soon as a copy of the petition of appeal is received from the
Supreme Court, secure the record of the case from the Courts below, if
the same is not available in the High Court, and as soon as it is received
in the High Court, shall issue notices to the parties calling upon them
to inspect the record of the case, if they so desire.
(2) The notice to the appellant under sub-rule (1) shall also call upon
him to file, within four weeks of the service, a list of documents which
he proposes to include in the paper-book, after serving a copy thereof
on each of the respondents. The appellant shall produce an
acknowledgment in writing from each of the respondents that a
copy of the list has been served upon him.
(3) The notice to the respondent under sub-rule (1) shall also intimate the
fact that a notice has already been issued to the appellant for filing the
list of documents, and requiring him (the respondent) to file within
three weeks from the service of a copy of the list on him by the
appellant, a list of such additional documents as he desires to be
included in the paper-book.
(4) Any default by the appellant to file the list as required and within the
time prescribed, shall be reported by the Deputy Registrar to the
Registrar of the Supreme Court.
(5) Notice to the appellant and the respondent to be issued under this rule
shall be in Form Nos. 35 or 36.
10. After the expiry of the time fixed for the filing of the list of additional
documents by the respondent, the Deputy Registrar shall fix a day for the
settlement of the list (hereinafter referred to as the Index) of documents to be
included in the transcript of the record of the appeal. In settling the index, the
Deputy Registrar as well as the parties concerned shall endeavour to exclude
from the record all documents that are not relevant to the subject matter of the
appeal and generally to reduce the bulk of the record as far as practicable.
11. Where the respondent objects to the inclusion of a document on the ground
that it is not necessary or is irrelevant and the appellant insists upon its
inclusion nevertheless, the transcript of the record as finally prepared shall,
with a view to subsequent adjustment of costs of the printing of the said
document or costs incidental to, indicate in the index of the paper-book the fact
that the respondent had objected to the inclusion of the document and that it has
been included at the instance of the appellant.
12. Where the appellant objects to the inclusion of a document on the ground
that it is unnecessary or irrelevant and the respondent nevertheless insists upon
Ch.21. R.9 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 159

its inclusion, the Registrar, if he is of the opinion that the document is not
relevant may direct that the said document be included separately at the expense
of the respondent and require the respondent to deposit within such time as he
may prescribe, the necessary charges therefor. If the amount so deposited is
found insufficient, the Registrar may call upon the respondent (vide Form No.
34) to deposit additional amount within such further time as he may deem
necessary. The cost whereof shall follow the order of the Supreme Court.
13. As soon as the index of the record is settled, the Deputy Registrar shall
cause an estimate of the costs of the preparation of the transcript of the record
(and of printing or photocopying thereof, where it is required to be printed or
photocopied) to be prepared and served on the appellant and shall require him
(vide Form No. 34) to deposit within thirty days of such service, the said
amount.Such costs shall include the costs of translation also.
14. If at any time during the preparation of the transcript of the record (or
of printing or photocopying thereof, where it is required to be printed or
photocopied) the amount deposited is found insufficient, the Deputy Registrar
shall call upon the appellant (vide Form No. 34) to deposit such further sum as
may be necessary within such further time as may be deemed fit, but not
exceeding 28 days in the aggregate.
15. Where appellant fails to make required deposit, the preparation of the
transcript of the record (and the printing or photocopying thereof, where the
same is required to be printed or photocopied) shall be suspended and the
Deputy Registrar shall not proceed therewith without an order in this behalf of
this Court; the Court may give such accommodation in the matter of time for
making the deposit as it deems proper and if the appellant continues the
default inspite of the order of this Court, the Deputy Registrar shall obtain an
order from the Court for reporting the default to the Registrar of the Supreme
Court.
16. (1) The Deputy Registrar shall, within six months from the date of the
service on the respondents, of the notice of the petition of appeal,
transmit in triplicate a transcript of the record of the appeal in English,
to be laid before the Supreme Court. A copy of the record shall be duly
authenticated by appending a certificate under the seal of this Court
and the signature of the Deputy Registrar. If for any reason the same
cannot be transmitted within the period of six months mentioned
above, the Deputy Registrar shall report the facts to the Registrar of
the Supreme Court and obtain necessary extension of time for
transmitting the same.
(2) The Deputy Registrar shall forward with the record to Supreme Court a
certificate showing the amount of expenses incurred by the parties
concerned, for the preparation and transmission of the record.
160 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.21. R.13

17. The Deputy Registrar shall give notice to the parties of the certification and
transmission of the printed or photocopied record (when it is required to be
printed or photocopied) in Form No. 37 and thereafter send a certificate to the
Supreme Court as to the date or dates on which the notice has been served on
the parties in Form No. 38.
18. (1) Unless the Supreme Court so directs, the record shall not be printed or
photocopied in this Court.
(2) Where the Supreme Court directs that the record be printed or
photocopied, the same shall be printed or photocopied in accordance
with the rules contained in the First Schedule of the Supreme Court
Rules.
(3) Where the appeal paper-book is not likely to consist of more than 200
pages, the Deputy Registrar may, instead of having the record printed,
have it photocopied.
(4) Where the record is printed or photocopied in this Court, the provisions
contained in rule nos. from 6 to 17 above (both inclusive) shall apply
mutatis mutandis to the printing and photocopying ofthe record.
(5) Unless otherwise directed by the Supreme Court, at least 30 copies of
the record shall be prepared for the use of the Supreme Court.
(6) Unless a party informs its requirements before the printing or
photocopying is undertaken, each party shall be entitled to three copies
of the record for its use.
19. For preparing the transcript of record (and for printing and photocopying
the same, where it is required to be printed and photocopied) fees shall be
charged on following rates –
(1) An estimating fee of Rs.16 in Court fee labels shall be paid by the
appellant along with the list of documents filed under rule 9 (2).
(2) Translating Hindi, Urdu or Marathi portions or record — Rs. 4 for
every page or part thereof.
(3) Examining Hindi, Urdu or Marathi Portions of record already
translated. — Rs. 2 for every page or part thereof.
(4) Translation of portions of record in other languages — Rs.6 for
every page or part thereof.
(5) Examining portion of record of other languages already translated
— Rs. 3 for every page or part thereof.
(6) Copying of documents for preparation of the transcript of the record.
— Re. 1 for every page or part thereof. (for four copies)
(7) Comparing copies of documents for the preparation of transcript of
the record. — Re. 1 for every page or part thereof.
Ch.21. R.17 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 161

(8) Writing Head-Notes to documents in the transcript of the record.

—Re. 1 for each head note.
(9) Preparation of Index.
— Re. 1 per item.
(10) Examination of proofs where the record is required to be printed or
photocopied. — Re. 1 for every printed or cyclostyled page.
(11) Certifying of transcript of the record or of printed or cyclostyled
record by the Deputy Registrar.
—Re.1 for every 10 pages or part thereof.
(12) Printing charges.
—Actual cost not less than Rs.7 per page.
(13) Photocopying charges
—Rs.2 per page or part thereof.
20. Nothing in this chapter requiring any notice to be served on or given to an
opposite party or respondent shall be deemed to require any notice to be served
on or given to the legal representative of any deceased opposite party or
deceased respondent in a case, where such opposite party or respondent did
not appear either at the hearing in the Court whose decree is complained of or
at any proceedings subsequent to the decree of that Court.

(B) Civil Appeals by Special Leave to Supreme Court

21. The provisions of rules 4 to 19 (both inclusive) shall apply mutatis
mutandis to Civil Appeals by Special Leave to the Supreme Court.

(C) Criminal Appeals on the Certificate of the High Court

22. 1[(1) . . . .
(2) . . . .
(3) . . . .]
2
[(4) A party desiring to appeal to the Supreme Court may apply orally for
a certificate in terms of article 134-A of the Constitution of India
immediately after the pronouncement of the judgment by the Court
and the court may, as soon as may be after hearing the parties or their
counsel grant or refuse the same to the party on such oral application.]
1
23. [. . . . ]
2
24. [Upon the Court directing grant of certificate, the Registrar shall
issue a certificate for fitness to appeal, shall be issued in Form No. 30.]
1. Deleted by Notification published in M.P. Gaz. (Ext.) dt. 30.07.2010, Page 802(3), w.e.f.
10.08.2010.
2. Substituted by Notification published in M.P. Gaz. (Ext.) dt. 30.07.2010, Page 802(3), w.e.f.
10.08.2010
162 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.21. R.20

25. Except as otherwise ordered by the Supreme Court, the preparation of the
transcript of the record (and of the printed or photocopied record, where the
same is required to be printed or photocopied) and the transmission thereof
shall be at the expense of the appellant. In appeals involving sentence of death
and in other cases in which the Supreme Court thinks fit so to direct, the record
shall be printed at the expense of the State.
26. Two copies of the High Court paper book, if available for dispatch to the
Supreme Court, shall be treated as the transcript of the record. In that event
only such of the additional documents as the parties choose to include for the
hearing of the appeal in the Supreme Court shall be prepared in duplicate and
transmitted to the Supreme Court along with the High Court paper-book, one
of which shall be duly authenticated.
27. For the purposes of the transcript of the record, such of the documents in
a language other than English, as have already been translated for the High
Court Appeal Paper-Book, need not be translated again.
28. Where the appellant fails to take necessary steps to have the transcript
of the record prepared and transmitted to the Supreme Court with due
diligence, the Deputy Registrar shall report the default to the Registrar of the
Supreme Court for orders.
29. In the event of the Supreme Court directing this Court to print or
photocopy the record under the supervision of the Deputy Registrar of this
Court, he shall dispatch to the Registrar of the Supreme Court, unless otherwise
directed by the Supreme Court, not less than 15 copies where the appeal raises
a question as to the interpretation of the Constitution and not less than 10
copies in other cases.
30. (1) In all cases involving a sentence of death, the printed or the
photocopied record shall be made ready and dispatched to the Supreme
Court within a period of 60 days after the receipt of the intimation from
the Registrar of the Supreme Court of the filing of the petition of
appeal or of the order granting special leave to appeal.
(2) In cases where such record cannot be dispatched within 60 days as
stated in sub-rule (1), the Registrar shall explain the circumstances
under which it cannot be so dispatched and obtain extension of time
from the Supreme Court.
31. Except as otherwise provided in rules 21 to 29 above (both inclusive) the
provisions of rules 4 to 19 shall apply mutatis mutandis to criminal appeals
on certificate issued by the High Court.
(D) Criminal Appeal by Special Leave of the Supreme Court
32. A certified copy of the Judgment or order passed in Criminal proceedings
Ch.21. R.25 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 163

and appeals shall, on an application made by him, be supplied free of cost to

the petitioner intending to apply for special leave of the Supreme Court
against such judgment or order.
33. On receipt of the order granting special leave to appeal to the Supreme
Court, the Deputy Registrar shall require the office to take necessary steps to
have the record of the case transmitted to the Supreme Court in accordance
with the directions contained in the order granting special leave.
34. Except as otherwise provided in rules 31 and 32 above the provisions of
rules 21 to 30 above (both inclusive) shall apply mutatis mutandis to criminal
appeal by special leave of the Supreme Court.
(E) Miscellaneous
35. Every judgment or order made by the Supreme Court in a case arising out
of a judgment or order passed by this Court shall be entered in the computerin
such a manner as to ensure that the bench hearing contempt petitions may
be made aware of any order made by the Supreme Court in the matter.

****
164 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Ch.21.R.33

CHAPTER XXII
REPEAL, SAVINGS AND REMOVAL OF DIFFICULTIES
Repeal and Savings
1. (1) (a) Chapters I to XV of Section 1 and chapters I to III of Section 3 of
the High Court Rules and Orders;
(b) Rules for Proceedings under Article 226, Constitution of India,Part I
and Part II and Rules for Applications under Article 227(1) of the
Constitution of India; and
(c) Any corresponding rule, now in force on the subject, in respect
whereof provision has been made in these Rules;
- shall stand repealed.
(2) Notwithstanding that these Rules have come into force and repeal
under sub-rule (1) has taken effect -
(a) anything duly done or suffered;
(b) any right, obligation or liability accrued, imposed or incurred; or
any proceeding taken or to be taken in respect of such right,
obligation or liability;
(c) any classification and registration of a main case / interlocutory
application made;
(d) any affidavit, memorandum of appeal, cross-objection, petition,
application filed; or
(e) any notice or process issued;
- under the repealed rules before such enforcement, shall not be
affected.
(3) All the forms and formats prescribed and approved under the repealed
Rules and the Revised Madhya Pradesh Forms Rules, 1961, except
those substituted and prescribed by these Rules, shall be deemed to be
prescribed under these Rules unless hereinafter amended.
1
[1A. All the Forms and Formats prescribed in these Rules may be
modified/added/deleted etc. on the directions of the Chief Justice.]
Removal of difficulties
2. If any difficulty arises in giving effect to the provisions of these Rules, the
Chief Justice may, by notification, make such provisions, as may appear
necessary and expedient for removing such difficulty.
****
1. Added by Notification published in M.P. Gaz, Part 4(Ga), dt. 03.03.2023, Page 256, w.e.f.
D.O.P..
Ch.22. R.1 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 165

ANNEXURE
(Chapter X, rule 1(9))
SUBJECT CATEGORY CODE
10100 ADMINISTRATIVE TRIBUNAL
10101 Administrative Tribunal Act, 1985 (Matters Relating to CAT)

10102 Administrative Tribunal Act, 1985 (Matters Relating to SAT)

10200 ADVOCATE
10201 Advocates Act,1961
10300 ARBITRATION
10301 Arbitration Act,1940
10302 Arbitration & Conciliation Act, 1996
1. Section 11
2. Others
10320 Madhya Pradesh Madhyastham Adhikaran Adhiniyam 1983

10400 ARMS & EXPLOSIVES

10401 Arms Act,1959
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto
5years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
166 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

10402 Explosives Act,1884

1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto
5years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
10403 Explosives Substances Act,1908
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto
5 years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
10500 BANKING
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 167

10501 Bankers‘ Books Evidence Act, 1891

10502 Banking Companies (Acquisition and transfer of undertaking)
Act,1980
10503 Reserve Bank of India Act 1934
10504 Banking Regulation Act 1949
10505 State Bank of India Act 1955
10506 State Bank of India (Subsidiary Banks) Act 1959
10507 Recovery of Debts due to Banks & Financial Institution Act, 1993
10520 M.P. Lok Dhan (Shodhya Rashiyon ke Vasuli) Adhiniyam 1987
10600 BEEDI
10601 Beedi & Cigar Workers (Conditions of Employment) Act, 1966
10602 Beedi Workers Welfare Cess Act, 1976
10603 Beedi Workers Welfare Fund Act, 1976
10700 BENAMI TRANSACTION
10720 Benami Transactions (Prohibition) Act, 1988
10800 BONDED LABOUR
10801 Bonded Labour (Abolition) Act 1976
10900 CEILING
10901 Urban Land (Ceiling and regulations )Act,1976
10920 M.P. Ceiling on Agricultural Holdings Act 1960
11000 CHARTERED ACCOUNTANCY
11001 Chartered Accounts Act, 1949
11100 CINEMA
11101 Cable Television Networks (Regulation) Act, 1995
11102 Cinematograph Act 1952
1
[11103 Cine Workers and Cinema Theatre Workers (Regulation of
Employment)Act, 1981]
11104 Cine Workers Welfare Cess Act, 1981
11105 Cine Workers Welfare Fund Act, 1981
11120 M.P. Cinema (Regulation) Act, 1952
11121 M.P. Entertainment, Duty & Advertisements Tax Act, 1936
11122 M.P. Cinema (Exhibition of Films by Video Cassette
Recorder)Licencing Rules 1983
11200 CITIZENSHIP

1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
168 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

11201 Citizenship Act, 1955

11300 CIVIL PROCEDURE & LIMITATION
11301 Code of Civil Procedure, 1908
1. Declaration, Injunction
2. Declaration, Injunction & Possession
3. Declaration & Partition
4. Specific performance of contract
5. Money matters involving Banks
6. Other Money Matters
7. Suit for compensatory damages
8. Cases not decided on merit (Order 7 Rule 11, on preliminary
issues etc)
1
9. [Redemption] & Mortgage
10. Cases under Order 43 Rule 1
11. Review (order 47 rule 1 CPC)
12. Restoration
13. Indigent Person (order 44 rule 1 CPC)
14. Extension of time
15. Transfer of cases U/s 24 CPC
16. Writ against order of Subordinate Court U/Article 227
17. Execution (under order 21 CPC)
18. Breach of Injunction under order 39 rule 2-a CPC
11302 Limitation Act, 1963
11400 CIVIL RIGHTS
11401 Protection of Civil Rights Act, 1955
11402 Protection of Human Rights Act, 1993
1
[11403 The Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act,1989]
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years

1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 169

4. Conviction with Jail - Imprisonment for life

5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Only fine or probation
14. Conviction and fine or probation (Where applicable)
2 1
{ [15.Any other order (not being an interlocutory order) U/s 14 A(1)
of ―The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989‖]
15A For regular bail U/s 14 A(2) of ―The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989‖.
15B For anticipatory bail U/s 438 of the code of Criminal
Procedure, 1973 Read with section 14(2) of ―The Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989‖.
15C For cancellation of bail U/s 14(2) of the ―The Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act,
1989‖.
15D Against charges framed by special court U/s 14 A(1) of ―The
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989‖.
15E Against the order of discharge passed by special court U/s 14
A(1) of ―The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989‖.}
1. Inserted by Notification published in M.P. Gazette, Part 4 (Ga), dt. 01.09.2017 page 465.
2. Substituted by Notification published in M.P. Gaz, Part 4 (Ga), dt. 03.03.2023, Page 256 &
257, w.e.f. D.O.P..
170 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

11500 COMMISSION
11501 Commissions of Inquiry Act, 1952
11600 COMPANY
11601 Companies Act, 1956
1. Company Petition
2. Company Appeal
11602 Companies (Profits) Surtax Act, 1964
11603 Companies (Surcharge on Income-tax) Act, 1971
11604 Companies (Temporary Restrictions on 1[Dividend]) Act, 1974
11605 Sick Industrial Companies (Special Provisions) Act 1985
11700 CONSUMER PROTECTION
11701 Consumer Protection Act, 1986
11702 Consumer Protection Rules 1987
11703 Monopolies and Restrictive Trade Practices Act, 1969
11720 M.P. Consumer Protection Rules, 1987
11800 CONTEMPT
11801 Contempt of Courts Act 1971
11802 Civil Contempt
11803 Criminal Contempt
11820 High Court of M.P. (Contempt of Court Proceedings) Rules, 1980
11900 COPYRIGHT
11901 Copyright Act, 1957
12000 CORRUPTION
12001 Prevention of Corruption Act 1947
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 171

5. Conviction with Bail - Imprisonment upto 3 years.

6 Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
12002 Prevention of Corruption Act 1988
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
12020 M.P. Lokayukt Evam Up-Lokayukt Adhiniyam, 1981
12021 M.P. Special Police Establishment Act, 1947
12022 M.P. Vinirdishta Bhrashta Acharan Nivaran Adhiniyam,1982
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
172 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

5. Conviction with Bail - Imprisonment upto 3 years.

6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
12100 CRIMINAL LAW & PROCEDURE
12101 Indian Penal Code, 1860
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation
12102 Code of Criminal Procedure, 1973
1. Section 125
2. Section 378
3. Section 407
4. Section 438
5. Section 439
6. Section 446
7. Section 482
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 173

8. Revision against Charge / discharge

1
9. Revision against Other [Interlocutory] Orders
10. Registration of Offence and Investigation
2
11. Section [**] 454 CRPC
12. Section 2[**] 341 CRPC
13. Section 2[**] 145 CRPC
14. Revision against order of Remand
12103 Criminal Law Amendment Act, 1952
12104 Indian Evidence Act, 1872
12105 Probation of Offenders Act,1955
12200 CUSTOM & EXCISE
12201 Central Excise & Salt Act 1944
12202 Central Excise Tariff Act 1985
12203 Central Excise Rules 1944
12204 Central Excise (Valuation) Rules 1975
12205 Customs Act,1962
12206 Customs and Excise Revenues Appellate Tribunal Act,1986
12207 Customs Tariff Act,1975
12208 Excise (malt Liquors) Act,1890
12209 Excise (Spirits) Act 1863
12220 M.P. Excise Act, 1915
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto
5 years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
2. Deleted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
174 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

11. Enhancement Jail

12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
12300 DEBT RELIEF
12320 Interest Act, 1978
12321 M.B. Agricultural Debtor‘s 1[Relief] Act, 1956
1
[12322 Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati (Rini
Sahayata)Adhiniyam, 1967]
12323 M.P. Gramin Rin Vimukti Adhiniyam, 1983
12324 M.P. Gramin Rin Vimukti Tatha Rin Sthagan Adhiniyam,1975
12325 M.P. Gramin Rin Vimukti Tatha Rin Sthagan Adhiniyam,1982
12326 M.P. Money Lenders Act, 1934
1
[12327 Madhya Pradesh Samaj Ke Kamjor Vargon ke krishi bhumi-dharakon
ka Udhar dene walon ke bhumi hadapane sambandhi kuchakron se
Paritran Tatha Mukti Adhiniyam, 1976]
12328 Usurious Loans Act, 1918
12400 DEFENCE
12401 Army Act 1959
12402 Army Rules 1954
12403 Air Force Act. 1950
12404 Air Force Rules 1969
12405 Army & Air Force (disposal of private property) Act 1950
12406 Navy Act,1957
12500 DRUGS & MEDICINES
12501 Drugs and Cosmetics Act, 1940
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto
5 years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 175

8. Conviction with Bail - Imprisonment for life

9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
12502 Drugs (Control) Act, 1950
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more
than 3 & upto 5 years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than
3 & upto 5 years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
12503 Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
12504 Medicinal & Toilet Preparations (Excise Duties) Act 1955
12505 Narcotics Drugs & Psychotropic Substances Act 1985
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto
5 years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
176 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

8. Conviction with Bail - Imprisonment for life

9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
12506 Poisons Act 1919
12507 Pharmacy Act 1948
12508 Medical Termination of Pregnancy Act. 1971
12509 Indian Medicine Central Council Act 1970
12510 The Dentists Act 1948
12511 The Homoeopathy Central Council Act 1973
12512 Indian Medical Council Act 1956
12513 Indian Medical Degrees Act 1916
12514 Indian Nursing Council Act 1947
12520 Ayurvedic, Unani Tatha Prakritic Chikitsa Vyavasayi
Adhiniyam, MP, 1970
12521 M.P. Drugs (Control) Act 1949
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto
5 years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
12522 Homoeopathy Parishad Act, M.P. 1976
12600 EASEMENT
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 177

12601 Indian Easements Act, 1882

12700 EDUCATION
12720 M.P. Ashaskiya School Viniyaman Adhiniyam, 1975
1
[12721 Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha
Anya Karmachariyon Ke Vetno ka Sandaya) Adhiniyam, 1978]
12722 M.P. Primary Education Act,1961
12723 M.P. Madhyamik Shiksha Adhiniyam ,1965
12724 M.P. Recognised Examination Act 1937
12725 M.P. Regulation of Board of Secondary Education, 1965
12726 M.P. Vishwavidhyalaya Adhiniyam, 1973
12727 M.P. Vishwavidhyalaya Statute Adhiniyam, 1964
12728 Revalution of answer sheets.
12729 Admission to Professional Colleges.
12730 Admission to Other Educational Institutions.
2
[12731 Declaration of Result
12732 Issuance of Mark Sheet
12733 Admission to PG Course of In-service candidates]
12800 ELECTION
12801 Representation of the People Act, 1950
12802 Representation of the People Act, 1951
12820 Autonomous Bodies
12821 Bar Council
12822 Co-operative Societies
12823 Govt. Employees Associations
12824 Mandi
12825 Municipal
12826 Panchayat
12827 Trade Unions
12828 Other Societies
12900 ELECTRICITY
12901 Electricity Act,1910
1. Conviction with Jail - Imprisonment upto 3 years.

1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 747.
2. Added by Notification published in M.P. Gazette (Ext.) dt. 07.06.2012, Page 532(10)
178 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

2. Conviction with Jail - Imprisonment for more than 3 & upto 5

years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
12902 Electricity Supply Act, 1948
12903 Electricity Regulatory Commission Act, 1998
12920 M.P. Electricity Duty Act, 1949
12921 M.P. Electrical Undertaking (Dues Recovery) Act 1961
12922 M.P. Vidyut Sudhar Adhiniyam, 2000
13000 ENVIRONMENTAL POLLUTION
13001 Air (Prevention & Control of Pollution) Act 1981
13002 Atomic Energy Act,1962
13003 Environment (Protection) Act, 1986
13004 Forest (Conservation) Act 1980
13005 Insecticides Act, 1968
13006 Water (Prevention & Control of Pollution) Act 1974
13007 Water (Prevention & Control of Pollution) Cess Act 1977
13008 Wild Life Protection Act 1972
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 179

7. Conviction with Bail - Imprisonment for more than 5 years

8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
13020 M.P. Kolahal Niyantran Adhiniyam 1985
13100 ESSENTIAL COMMODITIES
13101 Essential Commodities Act, 1955
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
13102 Essential Commodities (Special Provision) Act,1981
13120 Cement Control Order, 1967
13121 Cement (Quality Control) Order, 1962
13122 Imported Cement (Control) Order, 1978
13123 Cement Control (Regulation of Production) Order, 1981
13124 The Madhya Pradesh Guest Control, Order 1968
1
[13125 The Madhya Pradesh Food (Restrictions on Service of Meals by
Catering Establishment) Order, 1973]
13126 The M.P. Rice Procurement (Levy) Order, 1970
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 747.
180 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

13127 The M.P. Poha (Restriction Manufacture) Order, 1966

13128 The M.P. Rice Bran (Distribution and Price Control) Order, 1973
13129 The Rice Milling Industry (Regulation) Act, 1958
13130 Rice-Milling Industry Regulation and Licensing Rules, 1959
13131 Low Cost Modernisation for Single Huller Rice-Mills
13132 Sugar Control Order, 1966
13133 Sugar (packing and marking) Order, 1970
13134 Sugar (Restriction on Movement) Order, 1979
13135 Levy Sugar Supply (Control) Order, 1970
13136 Sugar (Detention and Sale by Recognised Dealer) Order, 1979
13137 Pulses, Edible Oil seeds and Edible Oils (Storage Cont.) Order, 1977
13138 The Vegetable Oils Products Control Order, 1947
13139 Vegetable Oil Products (Standards of Quality) Order, 1975
1
[13140 Vegetable Oil Product Producers (Regulation of Refined Oil
Manufacture) Order, 1973 ]
13141 Solvent Extracted Oil, De-oiled Meal and Edible Flour
(Control) Order, 1967
13142 M.P. Essential Commodities (Exhibition of Prices and
Control) Order, 1977
13143 Food Grains (Prohibition of use in Manufacturing of Starch) Order, 1966
13144 Wheat Roller Flour Mills (Licensing and Control) Order, 1957
13145 M.P. Roller Mills Wheat Products (Ex-Mill) Price Control Order, 1979
2
[13146 Madhya Pradesh Roller Mills Wheat Products (Whole-sale and
Retail Prices) Control Order, 1981]
13147 Petroleum Products (Supply and Distribution) Order, 1972
13148 Kerosene (Restriction on use and Fixation of Price) Order, 1966
13149 The Kerosene (Fixation of Ceiling Prices) Order, 1970
13150 The Kerosene Dealers Licensing Order, 1979
13151 Furnace Oil (Fixation of Ceiling Prices and Distribution Order, 1974
1
[13152 Madhya Pradesh Motor Spirit & high speed diesel oil (licensing and
control) Order, 1980]
13153 Light diesel Oil (Fixation of Ceiling Prices) Order, 1973
1
[13154 The High Speed Diesel Oil and Light Diesel Oil (Restriction on
use) Order, 1974]
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 747.
2. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746 & 747.
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 181

13155 The Liquefied Petroleum Gas (Restriction on use) Order, 1974

1
[13156 Liquefied Petroleum Gas (Restriction of Supply and Distribution)
Order, 1988]
13157 Cotton Control Order, 1986
13158 The Textiles (Development and Regulation) Order, 1992
1
[13159 The Liquefied Petroleum Gas (Regulation of Supply and
Distribution) Order, 2000]
1
[13160 Kerosene (Restriction on Use and Fixation of 1[ Ceiling ] Price)
Order,1993]
13161 Colliery Control Order, 2000.
13200 FAMILY MATTERS
13201 Dissolution of Muslim Marriages Act 1939
13202 Dowry Prohibition Act, 1961
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto
5 years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
13203 Family Courts Act, 1984
13204 Foreign Marriage Act 1969
13205 Guardians and Wards Act, 1890
13206 Hindu Adoptions and Maintenance Act, 1956
13207 Hindu Marriage Act, 1955
1. Section 9 (Restitution of conjugal rights)
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746 & 747.
182 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

2. Section 10 (Judicial separation)

3. Section 11 & 12 (Void and voidable marriage)
4. Section 13 (Divorce)
5. Section 24, 25 & 28 (Pendentelite maintenance & expenses /
permanent Alimony & maintenance / Appeal from decree &
order)
13208 Hindu Minority and Guardianship Act, 1956
13209 Hindu Succession Act, 1956
13210 Indian Divorce Act, 1869
13211 Indian Succession Act, 1925
1. Probate.
2. Succession Certificate
13212 Muslim Women (Protection of Rights on Divorce) Act, 1986
13213 Parsi Marriage & Divorce Act 1936
13214 Special Marriage Act 1954
13220 Mohammedan Marriage
13221 Mohammedan Divorce
13222 Mohammedan Maintenance
13223 Mohammedan Guardian
13224 Mohammedan Succession
13225 Mohammedan Gift
13226 Mohammedan Will
1
[13227 Domestic Violence Act]
13300 FINANCIAL CORPORATION
13301 Industrial Finance Corporation Act, 1948
13320 State Financial Corporation Act, 1951
13400 FISCAL LAWS
13401 Court Fees Act, 1870
13402 Indian Stamp Act, 1899
13403 Registration Act, 1908
13404 Suit Valuation Act 1887
13500 FISHERIES
13501 Indian Fisheries Act, 1897
13520 M.P. Fisheries Act, 1948

1. Added by Notification published in M.P. Gazette (Ext.) dt.07.06.2012, Page 532(10)

Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 183

13600 FOREIGNERS
13601 Foreigners Act, 1946
13602 Passport Act, 1967
13603 Passport (Entry into India) Act, 1920
13604 Foreign Contribution (Regulation) Act, 1976
13700 FOREST
13701 Indian Forest Act, 1927
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
13720 Forest Contract Rules 1927
13721 Indian Forest (M.P. Amendment) Act, 1983
13722 M.P. Grazing Rules 1986
13723 M.P. Kastha Chiran (Viniyaman) Adhiniyam, 1984
13724 M.P. Transit (Forest Produce) Rule, 1961
13725 M.P. Van Bhumi Shashwat Patta Prati Sanharan Adhiniyam, 1973
13726 Tendu Patta (Vyapar Viniyaman) Adhiniyam M.P. 1984
13727 Van Upaj (Vyapar Viniyaman) Adhiniyam M.P. 1969
13800 FUNDAMENTAL RULES
13820 Fundamental Rules
13821 M.P. Fundamental Rules
13822 M.P. Civil Services (Conduct) Rules 1965
13900 HABEAS CORPUS
14000 HIGHWAY
184 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

14001 National Highways Act, 1956

14002 Tolls Act, 1888
14020 M.P. Highways Act, 1936
14021 M.P. Highways Rules
14100 INSURANCE MATTERS
14101 General Insurance Business (Nationalisation) Act, 1972
14102 Insurance Act, 1938
14103 Life Insurance Corporation Act, 1956
14104 Life Insurance Corporation (Modification of settlement) Act, 1976
14105 Public liability Insurance Act, 1991
14120 M.P. Group Insurance Rules
14200 IRRIGATION
14220 Irrigation Act, 1931
14300 JOURNALISTS
1
[14301 Working Journalists & Other News paper Employees (Conditions
of Service & Miscellaneous Provisions) Act, 1955]
14302 Working Journlists (Fixation of Rates of Wages) Act, 1958
14400 LABOUR / INDUSTRY
14401 Apprentices Act, 1961
14402 Boilers Act, 1923
14403 Contract Labour (Regulations and Abolition) Act, 1970
14404 Dangerous Machines (Regulation) Act, 1933
14405 Emigration Act, 1983
14406 Employee‘s State Insurance Act, 1948
14407 Employment Exchanges (Compulsory Notification of Vacancies) Act, 1976
14408 Equal Remuneration Act, 1976
14409 Factories Act, 1948
14410 Fatal Accidents Act, 1855
14411 Industries (Development & Regulation) Act, 1951
14412 Industrial Disputes Act, 1947
14413 Industrial Employment (Standing Orders) Act, 1946
14414 Minimum Wages Act, 1948 / Payment of Wages Act
14415 Motor Transport Workers Act, 1961
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 747.
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 185

14416 Payment of Bonus Act, 1965

14417 Payment of Gratuity Act, 1972
14418 Trade Union Act, 1926
14419 Workmen‘s Compensation Act, 1923
1. Matters where Insurance Company is not a party
2. No fault liability claims
3. Death claims (Enhancement)
4. Death claims (Reduction)
5. Permanent disability claims (Enhancement)
6. Permanent disability claims (Reduction)
7. Injury (other than permanent disability) claims (Enhancement)
8. Injury (other than permanent disability) claims (Reduction)
9. Other claims
14420 M.P. Industrial Relation Act, 1960
14421 M.P. Industrial Relations (Standard Standing Order) Act, 1960
14422 M.P. Shops and Establishment Act, 1958
14500 LAND ACQUISITION
14501 Land Acquisition Act 1894
1
[14502 Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation & Resettlement Act, 2013]
14600 LAND REVENUE, TENANCY & NAZUL
14620 M.P. Land Revenue Code, 1959
2
[14621 Madhya Pradesh Nagariya Kshetron Ke Bhumihin Vyakti
(Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984
14622 Madhya Pradesh Krishi Prayojan Ke liye Upayog Ki Ja Rahi
Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron ka Pradan
Kiya Jana (Vishesh Upabandh) Adhiniyam, 1984]
14623 M.P. Gramo Me Ki Dakhulrahit Bhumi (Vishesh Upabhandh)
Adhiniyam, 1970
2
[14624 The Madhya Pradesh Vas-Sthan Dakhalkar (Bhumiswami Adhikaron
1
Ka Pradan Kiya Jana) Adhiniyam, [1980] ]
14625 NAZUL
14700 LEGAL AID
1. Inserted by Notification published in M.P. Gazette, Part 4 (Ga), dt. 01.09.2017 page 465
2. Substituted by Notification Published in M.P. Gaz.,Part 4 (Ga) dt. 28.06.2019, Page 746 &
747
186 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure
1
[14720 Madhya Pradesh Samaj Ke Kamjor Vargon Ke Liye Vidhik
Sahayata Tatha Vidhik Salah Adhiniyam, 1976 ]
14800 LOTTERY
14820 M.P. Lottery Pratibhandh Adhiniyam, 1993
14900 MANDI
14920 M.P. Krishi Upaj Mandi Adhiniyam, 1972
15000 MERCHANTILE LAW
15001 Carriers Act, 1865
15002 Contract Act, 1872
15003 Hire-Purchase Act, 1972
15004 Indian Partnership Act, 1932
15005 Negotiable Instruments Act, 1881
15006 Provincial Insolvency Act, 1920
15007 Sales of Goods Act, 1930
15008 Specific Relief Act, 1963
15100 MINES AND MINERALS
15101 Mines Act, 1952
15102 Mines and Minerals (Regulation and Development) Act, 1957
15103 Mines and Minerals Concession Rules, 1960
15104 Mineral Products (Additional Duties of Excise and Customs) Act, 1958
15120 M.P. Mines and Minerals Concession Rules, 1960
15200 MOTOR VEHICLE
15201 Motor Vehicles Act, 1939/1988
1. Matters where Insurance Company is not a party
2. No fault liability claims
3. Death claims (Enhancement)
4. Death claims (Reduction)
5. Permanent disability claims (Enhancement)
6. Permanent disability claims (Reduction)
7. Injury (other than permanent disability) claims (Enhancement)
8. Injury (other than permanent disability) claims (Reduction)
9. Other claims (Damage, Property loss)
15203 Motor Vehicles Rules, 1989
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746 &
747.
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 187

15204 National Permit Rules, 1975

15220 M.P. Motoryan Karadhan Adhiniyam, 1991
15221 M.P. Motoryan Karadhan Rules, 1991
15222 Motor Parivahan Yano Par Pathkar Ka Udgrahan Adhiniyam, 1985
15223 M.P. Motor Vehicles Rules, 1974
15224 Motor Vehicles Taxation Act, 1947
15225 Motor Vehicles (Taxation of Goods) Act, 1962
1
15300 [MUNICIPALITIES]
15320 M.P. 1[Municipalities] Act, 1961
15321 M.P. Municipal Corporation Act, 1956
15322 M.P. 1[Municipalities] Rules, 1961
15400 NOTARY
15401 Notaries Act, 1952
15402 Notaries Rules, 1956
15420 Commissioner of Oath‘s Rules M.P., 1976
15500 PANCHAYAT
15520 M.P. Panchayat Act, 1962
15521 M.P. Panchayat Act, 1981
15522 M.P. Panchayat Raj Adhiniyam, 1990
15523 M.P. Panchayat Raj Adhiniyam, 1993
2
[15524 MNREGA]
15600 PETROLEUM
15601 Petroleum Act, 1934
15602 Petroleum Rules, 1976
15603 Gas Cylinders Rules 1981
15700 PREVENTION OF FOOD ADULTERATION
15701 Prevention of Food Adulteration Act 1954
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
2. Added by Notification published in M.P. Gazette (Ext.) dt.07.06.2012, Page 532(10).
188 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

5. Conviction with Bail - Imprisonment upto 3 years.

6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10. Acquittal with Bail
11. Enhancement Jail
12. Enhancement Bail
13. Conviction and fine or probation (Where applicable)
1
[15702 Food Safety and Standard Act, 2008.]
15721 M.P. Prevention of Food Adulteration Rules, 1955
15800 PROBATION & PRISONERS
15801 Identification of Prisoners Act, 1920
15802 Prisons Act, 1894
15803 Prisoners Act, 1900
15820 M.P. Jail Manual
15821 M.P. Prisoners Release on Probation Act, 1954
15822 M.P. Prisoners Release on Probation Rules, 1964
15900 PROPERTY
15901 Transfer of Property Act, 1882
15902 The Requisition and Acquisition of Immovable Property Act, 1952
16000 PROVIDENT FUND
16001 Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948
16002 Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952
16003 Provident Fund Act, 1925
16004 Public Provident Fund Act, 1968
16020 M.P. General Provident Fund Rules
16021 M.P. Contributory Provident Fund Rules, 1955
16100 PUBLIC INTEREST LITIGATION
16200 PUBLIC PREMISES
16201 Public Premises (Eviction of Unauthorised Occupants) Act, 1971
16220 M.P. Government Premises (Eviction) Act, 1952
1. Inserted by Notification published in M.P. Gazette, Part 4 (Ga), dt. 01.09.2017 page 465.
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 189

16221 Lok Parisar (Bedakhali) Adhiniyam 1974

16300 PUBLIC SAFETY & ORDER
1
[ 16301 Conservation of Foreign Exchange and Prevention of
Smuggling Activities Act, 1974]
16302 Essential Services Maintenance Act, 1981
16303 Foreign Exchange Regulation Act, 1973
16304 National Security Act 1980
1. Conviction with Jail - Imprisonment upto 3 years.
2. Conviction with Jail - Imprisonment for more than 3 & upto 5
years
3. Conviction with Jail - Imprisonment for more than 5 years
4. Conviction with Jail - Imprisonment for life
5. Conviction with Bail - Imprisonment upto 3 years.
6. Conviction with Bail - Imprisonment for more than 3 & upto 5
years
7. Conviction with Bail - Imprisonment for more than 5 years
8. Conviction with Bail - Imprisonment for life
9. Acquittal but Jail
10 Acquittal with Bail
11 Enhancement Jail
12 Enhancement Bail
13 Conviction and fine or probation (Where applicable)
16305 Police Act, 1949
16306 Preventive Detention Act, 1950
2
[16307 Prevention of Black Marketing and Maintenance of Supplies
of Essential Commodities Act, 1980]
16308 Unlawful Activities (Prevention) Act, 1967
2
[16320 The Prevention of Illicit Traffic in Narcotics Drugs & Psychotropic
Substances Act, 1988]
16321 M.P. Police 2[Regulations]
16322 Rajya Suraksha Tatha Lok Vayavastha Adhiniyam, 1980
16323 Madhya Pradesh Rajya Suraksha Adhiniyam, 1990
16400 PUBLIC SERVICE COMMISSION
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 748.
2. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746 &
748.
190 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

16420 Public Service Commission (Limitation of Functions) Regulation 1957

16421 MPPSC Conduct of Service (Regulation) Act, 1973
16500 QUO WARRANTO
16600 RAILWAY
16601 Indian Railways Act, 1890
16602 Railway Claims Tribunal Act, 1987
16603 Railway Property (Unlawful Possession) Act, 1966
16700 RENT CONTROL
16720 M.P. Accommodation Control Act, 1961
1. Section 12 (1)(a) (Rent not paid)
2. Section 12 (1)(b) (Sub let)
3. Section 12 (1)(c) (Nuisance / inconsistent use)
4. Section 12 (1)(d) (Not used without reasonable cause)
5. Section 12 (1)(e) (Bonafide requirement for Residential
purpose)
6. Section 12 (1)(f) (Bonafide requirement for Non Residential
purpose)
7. Section 12 (1)(g) (Unsafe / unfit for human use / forrepairs)
8. Section 12 (1)(h) (Building / Rebuilding)
9. Section 12 (1)(i) (Tenant built or acquired residence /
accommodation)
10. Section 12 (1)(j) (Termination of service or employment)
11. Section 12 (1)(k) (Substantial damage caused by tenant)
12. Section 12 (1)(l) (Tenant has given written notice to quit)
13. Section 12 (1)(m)(Tenant made construction without
permission of landlord)
14. Section 23 (J) (Special provision for Retd., widow,
handicapped etc.
15. Others
16721 M.P. Accommodation Control Rules, 1966
16800 ROAD TRANSPORT CORPORATION
16801 Road Transport Corporation Act, 1950
16900 RULES OF THE COURT
16920 High Court Rules & Order
16921 M.P. Civil Court Act, 1958
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 191

16922 M.P. Civil Court Rules, 1961

16923 Rules & Orders (Criminal)
17000 SERVICE RELATING TO CENTRAL GOVERNMENT
17020 Abolition of Post
17021 Absorption
17022 Allowances
17023 Appointment
17024 Compulsory Retirement
17025 Confidential Report
17026 Date of Birth
17027 Deputation/Repatriation
17028 Disciplinary Proceedings
17029 Dismissal/Removal/Termination
17030 Increment
17031 Leave
17032 Promotion
17033 Punishment
17034 Recruitment
17035 Reduction in Rank
17036 Regularisation
17037 Reservation
17038 Resignation
17039 Retirement Benefit Cum Pension
17040 Salary Matter
17041 Selection
17042 Seniority
17043 Service Residuary
17044 Service Reversion
17045 Superannuation
17046 Suspension
17047 Transfer Matter
17048 Voluntary Retirement
17049 Allocations
17050 Compassionate Appointment
192 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

17051 Recoveries
17052 Reinstatement
1
[17053 Cancellation of Caste Certificate
17054 Charge
17055 Medical Reimbursement
17056 Joining
17057 Posting
17058 Against the Order of Armed Forces Tribunal]
17100 SERVICE RELATING TO STATE GOVERNMENT
17120 Abolition of Post
17121 Absorption
17122 Allowances
17123 Appointment
17124 Compulsory Retirement
17125 Confidential Report
17126 Date of Birth
17127 Deputation/Repatriation
17128 Disciplinary Proceedings
17129 Dismissal/Removal/Termination
17130 Increment
17131 Leave
17132 Promotion
17133 Punishment
17134 Recruitment
17135 Reduction in Rank
17136 Regularisation
17137 Reservation
17138 Resignation
17139 Retirement Benefit Cum Pension
17140 Salary Matter
17141 Selection
17142 Seniority
17143 Service Residuary

1. Added by Notification published in M.P. Gazette (Ext.) dt.07.06.2012, Page 532(9)

Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 193

17144 Service Reversion

17145 Superannuation
17146 Suspension
17147 Transfer Matter
17148 Voluntary Retirement
17149 Allocations
17150 Compassionate Appointment
17151 Recoveries
17152 Reinstatement
1
[17153 Cancellation of Caste Certificate
17154 Charge
17155 Medical Reimbursement
17156 Joining
17157 Posting ]
17200 SERVICE RELATING TO OTHER AUTORITIES, BODIES,
INSTITUTIONS, CORPORATION, BOARDS, SOCIETIES, BANKS,
COURTS, COMMISSIONS, ETC. WHICH MAY BE TERMED
STATE U/Art. 12.
17220 Abolition of Post
17221 Absorption
17222 Allowances
17223 Appointment
17224 Compulsory Retirement
17225 Confidential Report
17226 Date of Birth
17227 Deputation/Repatriation
17228 Disciplinary Proceedings
17229 Dismissal/Removal/Termination
17230 Increment
17231 Leave
17232 Promotion
17233 Punishment
17234 Recruitment
17235 Reduction in Rank
1. Added by Notification published in M.P. Gazette (Ext.) dt.07.06.2012, Page 532(9)
194 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

17236 Regularization
17237 Reservation
17238 Resignation
17239 Retirement Benefit Cum Pension
17240 Salary Matter
17241 Selection
17242 Seniority
17243 Service Residuary
17244 Service Reversion
17245 Superannuation
17246 Suspension
17247 Transfer Matter
17248 Voluntary Retirement
17249 Allocations
17250 Compassionate Appointment
17251 Recoveries
17252 Reinstatement
1
[17253 Cancellation of Caste Certificate
17254 Charge
17255 Medical Reimbursement
17256 Joining
17257 Posting ]
2
[17258 Service relating to former High Court Judge & former Lokayukta]
18200 SMALL CAUSE
18201 Provincial Small Cause Courts Act, 1887
18300 SOCIETIES
18301 Co-operative Societies Act, 1912
18302 Religious Societies Act, 1880
18303 Societies Registration Act, 1860
18320 M.P. Co-operative Societies Act, 1960
18321 M.P. Societies Registrikaran Adhiniyam, 1973
18400 SPECIAL COURT
1. Added by Notification published in M.P. Gazette (Ext.) dt.07.06.2012, Page 532(9)
2. Inserted by Notification published in M.P. Gazette Part 4(Ga), dated 15.12.2017, Page 660
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 195

18401 Special Court Act, 1979

18500 STOCK EXCHANGE
18501 Securities Contracts (Regulation) Act, 1956
18600 TAXATION
18601 Central Sales Tax Act, 1956
18602 Estate duty Act, 1953
18603 Gift Tax Act, 1958
18604 Gift Tax Rules, 1958
18605 Income Tax Act, 1961
1. Appeal against order of taxation
2. Reference
18606 Income Tax Rules, 1962
18607 Wealth Tax Act, 1957
18608 Wealth Tax Rules, 1957
1
[18609 GST Tax Appeal]
18620 M.P. Entry Tax Act, 1976
18621 M.P. General Sales Tax Act, 1958
18622 M.P. Karadhan Adhiniyam, 1982
18623 M.P. Tolls Tax Act, 1851
18624 M.P. Upkar Adhiniyam,1982
18625 M.P. Vanijyik Kar Adhiniyam, 1994
18626 M.P. Vritti kar Adhiniyam (Professional Tax) 1995
18627 Nagariya Sthawar Sampatti Kar Adhiniyam, 1964
18628 Advertisement Tax
18629 Conservancy Tax
18630 Licensing Tax
18631 Lighting Tax
18632 Market Fees
18633 Property Tax
18634 Terminal Tax
18635 Theatre Or Show Tax
18636 Tolls Tax
18637 Water Tax
18638 Service Tax
18639 Value Added Tax (VAT)
_______________________________________________________________
1. Inserted by Notification published in M.P. Gazette Part 4(Ga), dt. 07.06.2024, Page 838, w.e.f. D.O.P.
196 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure

18700 TELEPHONE
18701 Indian Telegraph Act, 1885
18702 Indian Telegraph Rules, 1951
18800 TORT
1
[18801]Bhopal Gas Leak Disaster (Processing of claims) Act, 1985
1
[18802]Compensation for atrocities committed by State Officials.
18900 TOWN PLANNING
18920 The Griha Nirman Mandal Adhiniyam M.P. 1972
18921 M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973
18922 M.P. Nagar Tatha Gram Nivesh Niyam, 1975
18923 M.P. Town Improvement Trust Act, 1960
18924 Bhopal Development Authority
18925 Raipur Development Authority
18926 Jabalpur Development Authority
18927 Cantonment Act.
2
19000 [INTELLECTUAL PROPERTY RIGHTS,] TRADE MARK &
PATENTS
19001 Patents Act, 1970
19002 Trade Marks Act, 1940
19003 Trade & Merchandise Marks Act, 1958
2
[19004 The Airport Authority of India Act, 1994
19005 The Geographical Indications of Goods (Registration and
Protections) Act, 1999
19006 The Protection of Plant Varieties and Farmer‘s Rights Act, 2021]
19100 TRUST
19101 Indian Trust Act, 1882
19102 Charitable and Religious Trusts Act, 1920
19103 Religious Endowments Act, 1863
19120 M.P. Public Trusts Act, 1951
19200 UNIVERSITY GRANTS COMMISSION
19201 University Grants Commission Act, 1956
19202 Uchcha Shiksha Anudan Ayog Adhiniyam, 1973
19300 VIDHAN SABHA
1. Replaced by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 746.
2. Added by Notification published in M.P. Gaz., Part 4 (Ga), dt. 03.03.2023, Page 257, w.e.f. D.O.P.
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 197

19320 M.P. Vidhan Sabha Sadasya (Vetan Tatha Bhata Tatha Pension)
Adhiniyam, 1972
19400 WAKF
19401 Wakf Act, 1954
19500 WEIGHTS & MEASURES (ENFORCEMENT)
19501 Standards of Weights and Measures Act, 1976
19502 Weights and Measures (Enforcement) Act, 1959
19600 WOMEN & CHILDREN
19601 Child Marriage Restraint Act, 1929
19602 Child Labour (Prohibition and Regulation) Act, 1986
19603 Children (Pledging of Labour) Act, 1933
19604 Juvenile Justice Act, 1986
19605 Immoral Traffic (Prevention) Act, 1956
1
[19606 Juvenile Justice (Care and Protection of Children) Act, 2000
relating to civil matters.
19607 Juvenile Justice (Care and Protection of Children) Act, 2015
relating to civil matters.
19608 Juvenile Justice (Care and Protection of Children) Act, 2000
relating to criminal matters.
19609 Juvenile Justice (Care and Protection of Children) Act, 2015]
relating to criminal matters.
19620 M.P. Child Labour (Prohibition & Regulation) Rules, 1933
19700 ZAMINDARI ABOLITION
19720 Zamindari Abolition Act, 1951
19800 RESIDUARY MATTERS
19900 OTHER IMPORTANT CONSTITUTIONS
19921 Issuance/Cancellation of Caste Certificate
20000 FREEDOM FIGHTER
20001 Bharat Sarkar Swatantrata Sainik Samman Pension Yojana, 1980
20100 GAMBLING
20101 Public Gambling Act
2
[20300 Right to Information Act, 2005
20400 Jan Shiksha Adhiniyam, 2005]
1. Added by Notification published in M.P. Gazette, Part 4 (Ga), dt. 01.09.2017 page 465.
2. Added by Notification published in M.P. Gazette (Ext.) dt.07.06.2012, Page 532(9)
198 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Annexure
1
[ 20500 When one party is court (other than service matter)
20510 High Court
20511 Infrastructure
20512 Election
20513 Others
20520 District Court
20521 Infrastructure
20522 Election
20523 Others
20600 Commercial Courts
20601 Commercial Courts, Commercial Division & Commercial Appellate
Division of the High Courts Act, 2015.
20700 PMT Scam/Vyapam/CBI Matter.]

****

1. Added by Notification published in M.P. Gazette, Part 4 (Ga), dt. 01.09.2017 page 465.
Annexure THE HIGH COURT OF MADHYA PRADESH RULES, 2008 199

APPENDIX
Form No. 1
(Chapter VIII, rule 8)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Memo of Appearance
(Civil)
Class of Case ................. No. .................. of 20..… fixed for.…./…../20…..
Appellant :
Applicant : ...............................................................................
Petitioner : Versus
Respondent :
Non-applicant : ................................................................
1. The undersigned has been authorized, instructed and engaged by
Shri/Sushri …………………………...……..……………………….
(Appellant/Petitioner/Respondent, Applicant/Non-Applicant) to plead on
his/her behalf, in the above proceeding in terms of order III rule 4 (5) C.P.C.
or
The undersigned has been authorized, instructed and engaged by
Shri/Sushri ………………………………..………………………..……
(Appellant/Petitioner/Respondent, Applicant/Non-Applicant) to appear, act and
1
plead on his/her behalf, in the above proceeding in terms of rule [8] of
chapter VIII of the Rules.

PLACE :
DATE : (Signature)
Advocate for ..................................
Name & Address
.………..…………………………......

1. Substituted by Notification published in M.P. Gaz., Part 4 (Ga), dt. 29.05.09, Page 356,
w.e.f. 15.06.09
200 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.1

Form No. 2
(Chapter VIII, rule 9)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Memo of Appearance
(Criminal)
Class of Case ................. No. .................. of 20..… fixed for.…./…../20…..
Appellant :
Applicant : ...............................................................................
Petitioner : Versus
Respondent :
Non-applicant : ................................................................
1. The undersigned has been authorized, instructed and engaged by
Shri/Sushri ………………………………..……………………..……
(Appellant/Petitioner/Respondent, Applicant/Non-Applicant) to appear, act and
plead on his/her behalf, in the above proceeding.
2. The said instruction / authorization is contained in the annexed
letter / document issued by the said party, or by …………..…………..…
son / daughter / wife of …………..…………….…………………………
resident of ……………………………………………………..…………
who has stated that he / she has been authorized by the party to engage an
Advocate on his / her behalf.
or
The undersigned undertakes to produce such letter / document
authorizing him/ her to appear in the proceeding, within three weeks.
PLACE :
DATE : (Signature)
Advocate for ..................................
Name & Address
.………..…………………………......
Form No.2 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 201

NOTE :

1. Where the party issuing instruction / authorization is in judicial custody,

letter / document of authorization should be attested by the jail
authority.
2. Where the person issuing the letter of authorization is someone other
than the party, such letter / document should clearly disclose the
relationship or nature of authority of the person issuing the letter with
reference to the party on whose behalf the instruction to appear is
issued and should contain a declaration that he / she has been authorized
by the party to engage and instruct an Advocate to appear, act and plead
on its behalf.

****
202 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.3

* Form No. 3 replaced by Notification published in M.P. Gaz. (Ext.) , dt. 21.04.2014, Page 365-366(1).
Form No.4 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 203
204 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.3

1
[Form No. 4
(Chapter X, rule 3(1))
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Class of Case ….........………No. …….........…… / 20…….

Appellant :
Applicant : ........................................................................
Petitioner :
Versus
Respondent : .......................................................................
Non-Applicant :

Part A - Index
S.No. Description of Documents Annexure No. Page No. of the
Document
1 …………………………… …………….. …………………
2 …………………………… …………….. ………………….
3 …………………………… ……………… ………………….

Part B – Chronology of Events

Date Event
………………………….. ………………………………………………
………………………….. ………………………………………………
………………………….. ………………………………………………
………………………….. ………………………………………………
………………………….. ………………………………………………

Place: …………...……..
Date : …….......………. (Signature)
Advocate for ………………….]
1. Substituted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 18.01.2019, Page 66
Form No.4 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 205

Form No. 5
(Chapter X, rule 8)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Class of Case ….........………No. …….........…… / 20…….

Petitioner (s)
Appellant (s) : ........................................................................
Applicant (s)
Vs.
Respondent (s) : .......................................................................
Non-Applicant (s)

List of Documents
1
S.N [Annexure No.] Description of Date of Original/ Number
o. document Documents Copy of pages
1. ------------- ------------- --------- --------- ---------

2. ------------- ------------- --------- --------- ---------

3. ------------- ------------- --------- --------- ---------

4. ------------- ------------- --------- --------- ---------

5. ------------- ------------- --------- --------- ---------

6. ------------- ------------- --------- --------- ---------

7. ------------- ------------- --------- --------- ---------

8. ------------- ------------- --------- --------- ---------

9. ------------- ------------- --------- --------- ---------

10. ------------- ------------- --------- --------- ---------

Sd-
………………………..
Place :
Date : Advocate for ……………….………..

1. Inserted by Notification Published in M.P. Gaz, Part 4 (Ga), dt. 03.03.2023, Page 257, w.e.f.
D.O.P.
206 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.5

Format No. 6
(Chapter X, rule 15)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Miscellaneous Appeal No. ……....…… / 20…….
Cause Title
Appellant The name, age, father/husband‘s
…………………………………….. * name, occupation and
complete address of each appellant
Vs
Respondant The name, age, father/husband‘s
…………………………………….. * name, occupation and
complete address of each respondent
* (give the status before the Tribunal)
(Miscellaneous Appeal under Section 173(1) of the
Motor Vehicles Act, 1988)
Claim in appeal valued at Rs. ………..……......
Court Fees paid Rs. ………………...................
Claim before the Tribunal ….....………............
Amount awarded ………………………..........
Being aggrieved by the award as detailed in paragraph (I) below, the
appellant prefers this appeal on the following facts and grounds:

(I) Particulars of the award:

(a) Case number : ....................................................................................
(b) Date of the award : ..........................................................................
(c) Award passed under S. 163-A/166 of the Motor Vehicles Act, 1988
(d) The name of the Member : ...............................................................
(e) Designation and place of sitting of the Tribunal : ................................
(II) Particulars of the Accident:
1. Time and date : ....................................................................................
2. Place : ...................................................................................................
Near Village/Locality : .......................................................................
Tehsil and District : ...........................................................................
Format No.6 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 207

(III) Particulars of the offending vehicle:

1. Registration No. ......................................................................
2. Kind of Vehicle ........................................................................
3. Owned by …………………….. (Appellant/Respondent No.)
4. Driven by ……................…… (Appellant/Respondent No.)
5. Insured with ……..............…… (Appellant/Respondent No.)
(IV) Name and description of the injured/deceased person:
1. Name …...……….…………………………………………………
2. Age …………..…………………………………………
3. Father‘s/Husband‘s name …………………...……………………
4. Occupation …………………………………………………..……
5. Address ……………………………………………………….......
(V) (1) In fatal accident cases:
(a) Annual income of the deceased: Rs………………...
(As adjudged by the Tribunal)
(b) Annual dependency of the claimant Rs………….......…
(As assessed by the Tribunal)
(c) Multiplier applied by the Tribunal ……………………
(d) Number of dependants and their ……………………
relationship with deceased
(e) Amount of compensation Rs………………...
awarded by the Tribunal
(f) Payable by ……………………
(2) In non-fatal accident cases :
(a) Nature of injuries suffered ……………………
with percentage of disability
(As adjudged by the tribunal)
(b) Amount of expenses on treatment Rs………………...
awarded by the Tribunal
(c) Amount of damages as loss of Rs………………...
Income, awarded by the Tribunal
(d) Amount of general damages Rs………………...
awarded by the Tribunal
(e) Total compensation awarded Rs………………...
(f) Payable by …………………....

(3) In cases of damage to property:

208 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.6

(a) Particulars of Property ............................

(b) Nature of damage to the Property ............................
(As adjudged by the tribunal)
(c) Total compensation awarded ............................
(d) Payable by ............................
(VI) Details of Interest awarded by the Tribunal:
(1) Date from which interest is awarded ……………..…
(2) Rate at which interest has been awarded ………….…….%
(VII) Other relevant facts …………………......…………………….........
...............................................................................................................................
(VIII) Grounds of appeal …………………………………………..............
...............................................................................................................................
(IX) Relief Claimed in appeal:
(1) Enhancement / Reduction of amount Rs……………………..
of compensation by
(2) Exoneration / liability of insurer
(3) Award of interest at the rate of …………………..…..%
(4) Any other relief ………………………...
(X) Caveat:
That, no notice of lodging a caveat by the opposite party is received.
Or
Notice of caveat is received and the appellant has furnished the copies of
the memo of appeal together with copies of the annexure (if any) to the
caveator.

Date : …….......……….
Place: …………...…….. (Signature)
Advocate for Appellant

Note : To be filed in duplicate.

Format No.6 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 209

1
[Format No. 6A
(Chapter X, rule 15A)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR

Arbitration Case No. . ……....…… / 20…….

Cause Title

Applicant(s) : The name [Company/Institution/Firm/Person(s)]

…………………………………………., age ……,
father/husband‘s name………………………………,
occupation …..…….., complete address…….……,
Fax number with S.T.D. Code …………..……. And
E-mail address ...................................... , if any; of
each Applicant.
Vs.
Non-Applicant(s) : The name [Company/Institution/Firm/Person(s)]
……………………………………...…, age ……,
father/husband‘s name ……………………….…….,
occupation ……….., complete address ……….….,
Fax number with S.T.D. Code ………..……. and
E-mail address ...................................... …, if any; of
each Non-Applicant.

(An application under Section 11 of the Arbitration and Conciliation Act,

1996)
The Applicant(s) beg to submit for appointment of Arbitrator(s) on the
following facts and grounds :-

1. There is an Arbitration Agreement dated ………… between

Applicant & Non-Applicant.
2. Whether original/certified copy of the agreement is filed- if not,
reason therefor:
3. The date ........................ on which a request for referring the dispute
to the Arbitration has been made by the Applicant to the Non-
Applicant.
1. Format No. 6A added by Notification published in M.P.Gaz., Part 4 (Ga), dt. 24.01.2020,
Page 69.
210 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.6A

4. The description with date of reply of Non-Applicant, if any:

5. Details of remedies exhausted:
(a) ……………………………………………………………………….
(b) ……………………………………………………………………….
(c) ………………………………………………………………………
The Applicant declares that he has taken all necessary steps for
appointment of an Arbitrator(s).

6. Delay, if any, in filing the application and explanation therefor:

(State exact period within which the application is filed after expiry of
statutory period for appointment of Arbitrator(s), if any)

7. Facts of the case:

(Give a concise statement of facts in chronological order in separate
paragraph)

8. Ground urged:
(Separately state the grounds on which the relief(s) is/are claimed)

9. Specify whether any application under the Arbitration and

Conciliation Act, 1996 was previously instituted before any Court,
the status or result thereof along with copy of the order, if any.
OR
A declaration that no proceedings on the same subject matter has
been previously instituted before any Court.

10. Relief Prayed for:

(Specify below the relief prayed for)

Place: …………...…….. Name:

Signature:
Date : …….......……….
of Advocate for Applicants (s).]
Format No.6A THE HIGH COURT OF MADHYA PRADESH RULES, 2008 211

Format No. 7
(Chapter X, rule 23)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Writ Petition No. ………… / 20…….
Cause Title
Petitioner : The name, age, father/husband‘s name, occupation
and complete address and fax number with S.T.D. Code
and e-mail address, if any;
Vs
Respondent : The name, age, father/husband‘s name, occupation,
complete address and fax number with S.T.D. Code
and e-mail address, if known;
(Writ Petition under Article 226 of the Constitution of India)
1. Particulars of the cause/order against which the petition is made:
(1) Date of Order / Notification / Circular / Policy / Decision etc : ......
(2) Passed in (Case or File Number) : ............................................
(3) Passed by (Name and designation of the Court, Authority, Tribunal
etc.) : ....................................................................................................
...............................................................................................................
(4) Subject-matter in brief : ………………...........................................

2. A declaration that no proceeding on the same subject matter has

been previously instituted in any Court, authority or tribunal. If
instituted, the status or result thereof, along with copy of the
order:

3. Details of remedies exhausted :

The petitioner declares that he has availed all statutory and other
remedies.

4. Delay, if any, in filing the petition and explanation therefor:

(State exact period within which the petition is filed after accrual of
cause of action therefor)
212 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.7

5. Facts of the case:

(Give a concise statement of facts in chronological order in separate
paragraphs)
6. Grounds urged :
(Give separately, the grounds on which the relief (s) is / are claimed in
the petition and legal provision relied on.)
1
7. [Relief Prayed for :
(Specify below the relief prayed for)

PRAYER
Therefore, it is most humbly prayed that this Hon‘ble Court may kindly
be pleased to : -
(In case of a writ of mandamus)
I. Issue a writ in the nature of mandamus directing the Respondent
No. ……. (or any other Respondent) to consider the representation
of the Petitioner dated …………. produced as Annexure …………
(In case of a writ of certiorari)
II. Issue a writ in the nature of certiorari to quash the impugned order
dated ….. passed by the Respondent No. ……… (or any other
Respondent) in Case No. ……… (or any other Respondent) vide
Annexure ……….
(In case of a writ of quo-warranto)
III. Issue a writ of quo-warranto directing Respondent No. ………. to
show cause under which authority of law he retains the post of
……………
IV. Issue a writ in the nature of certiorari to quash the appointment of
Respondent No. …….. to the post of ……… as null and void ab-
initio.
(In case of a Writ of prohibition)
V. Issue a writ of prohibition directing the learned Trial
Court/Tribunal not to proceed further in the pending Case No.
……… and also not to pass any order in the said matter.
(In all cases)
VI. Issue any other writ, order or direction as this Hon‘ble Court
deems fit.]
1. Substituted by Notification published in M.P. Gaz, Part 4 (Ga), dt. 03.03.2023, Page 257 &
258, w.e.f. D.O.P.
Format No.7 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 213

8. Interim Order/writ, if prayed for :

(Give the nature of interim order/writ prayed for with reasons).

9. Documents relied on but not in possession of the petitioner:

10. Caveat:
That, no notice of lodging a caveat by the opposite party is received.
or
Notice of caveat is received and the Petitioner has furnished the copies of
the Writ Petition together with copies of the annexure (if any) to the
caveator.

Place: …………...……..
Date : …….......………. Signature
Advocate for Petitioner(s)
214 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.7

Format No. 8
(Chapter X, rule 27)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Writ Petition No. ………… / 20……. (P.I.L.)
Cause Title
Petitioner : The name, age, father/husband‘s name, occupation
and complete address and fax number with S.T.D.
Code and e-mail address, if any;
Vs
Respondent : The name, age, father/husband‘s name, occupation,
complete address and fax number with S.T.D. Code
and e-mail address, if known;
Regular Public Interest Litigation Petition
1. Particulars of the cause/order against which the petition is made:
(1) Date of Order / Notification / Circular / Policy / Decision etc.:
…………………………………….
(2) Passed in (Case or File Number) : …………………………….…
(3) Passed by (Name and designation of the Court, Authority,
Tribunal etc.) :
……….......................................................................
............................................................................................................
(4) Subject-matter in brief : ………………………………..................
............................................................................................................
2. The antecedents of the Petitioners:
(1) That the petitioner is....................................(give petitioner‘s social
public standing/professional status and public spirited antecedents;
if the petitioner is a social group or organization, the names of the
office- bearers must be furnished).
(2) The present petition under article 226 of the Constitution of India
is being filed by way of public interest litigation and the petitioner
has no personal interest (if he has any personal interest,
disclose the nature and extent of such interest). The petition is
being filed in the interest of ............(give nature of such interest
and particulars of the class of persons for whose benefit the
petition is filed).
Format No.8 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 215

(3) That the petitioner is filing the present petition on his own and not
at the instance of someone else. The litigation cost, including the
advocate‘s fee and the traveling expenses of the lawyers, if any,
are being borne by the petitioner himself (if not, the petitioner must
disclose the source of funds).
3. Facts in brief, constituting the cause:

4. Source of information:
Declare the source of information or the facts pleaded in the Pubic
Interest Litigation; also whether the applicant has verified the facts
personally, if yes, in what manner?
(If the petitioner does not wish to disclose the source of information, he
may state so with reasons).

5. Nature and extent of injury caused/apprehended:

6. Issue raised was neither dealt with nor decided:

Make a statement/declaration that the issue raised was neither dealt with
nor decided by a Court of law at the instance of the petitioner or to the
best of his knowledge, at the instance of any other person and in case
such an issue was raised or dealt with, the status or result thereof.
(Also disclose whether in a P.I.L., any cost has been awarded to or
imposed upon the petitioner; and whether any appreciation or stricture
has been passed).

7. Any representation etc. made :

State whether the petitioner has made any representation in this regard to
the concerned authority. (if yes, details of such representation and reply,
if any, from the authority concerned, along with copies thereof. If not,
reason for not making such representation).
8. Grounds:
9. Details of remedies exhausted:
The petitioner declares that he has availed all statutory and other
remedies.
10. Delay, if any, in filing the petition and explanation therefor:
(State exact period within which the petition is filed after accrual of
cause of action therefor)
11. Relief(s) Prayed for :
216 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.8

(Specify below the relief (s) prayed for)

In view of the facts mentioned above, the petitioner prays for the
following relief (s):-

12. Interim Order, if prayed for:

(Give the nature of interim order prayed for, with reasons).

13. Caveat:
That, no notice of lodging a caveat by the opposite party is received.
or
Notice of caveat is received and the Petitioner has furnished the copies of
the Writ Petition together with copies of the annexure (if any) to the
caveator.

Place: …………...……..
Date : …….......………. (Signature)
Advocate for Petitioner(s)
Format No.8 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 217

Format No. 9
(Chapter X, rule 30(1))
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
1
[Miscellaneous Petition] No. ………… / 20…….
Cause Title
Petitioner : The name, age, father/husband‘s name,
occupation and complete address and fax number
with S.T.D.Code and e-mail address, if any;
Vs
Respondent : The name, age, father/husband‘s name,
occupation, complete address and fax number with
S.T.D. Code and e-mail address, if known;
2
[(Miscellaneous Petition] under Article 227 of the Constitution of India

1 Particulars of the cause/order against which the petition is made:

(1) Date of Order : ………………………..........................................
(2) Passed in Case Number : ………………………………………
(3) Passed by (Name and designation of the Court or Tribunal) :……
.........................................................................................................
(4) Subject-matter in brief : ……………………………………….....
...........................................................................................................
2. A declaration that no proceeding on the same subject matter has
been previously instituted in any Court / tribunal. If instituted,
the status or result thereof, along with copy of the order :
3. Details of remedies exhausted :
The petitioner declares that he has availed all statutory and other
remedies.
4. Delay, if any, in filing the petition and explanation therefor:
(State exact period within which the petition is filed after accrual of
cause of action therefor)
5. Facts of the case :
(Give a concise statement of facts in chronological order in separate
paragraphs)
1. Substituted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 28.06.2019, Page 748
2. Words substituted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 13.03.2015, Page 54.
218 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.9

6. Grounds urged :
(Give separately, the grounds on which the relief (s) is / are claimed
in the petition and legal provision relied on.)
7. Relief Prayed for :
(Specify below the relief prayed for)
8. Caveat:
That, no notice of lodging a caveat by the opposite party is received.
or
Notice of caveat is received and the Petitioner has furnished the copies of
the 1[Miscellaneous Petition] together with copies of the annexure
(if any) to the caveator.

Place: …………...……..
Date : …….......………. (Signature)
Advocate for Petitioner(s)

_______________________________________________________________
1. Word substituted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 13.03.2015, Page 54.
Format No.9 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 219

Format No. 10
(Chapter X, rule 37)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Caveat Application No. ………/ 20…….
Caveator : The name, age, father/husband‘s name, occupation
and complete address, fax number with S.T.D. Code
and e-mail address, if any,
Vs
Caveatee : The name, age, father/husband‘s name, occupation,
complete address and fax number with S.T.D. Code
and e-mail address, if known,
Particulars of the Order in respect whereof Caveat is made
1. Name of the Court,Government/
designation of the authority
2. The date of judgment/order etc.
3. The cause title and case number
4. particulars of the order etc.,

Caveat
The caveator named above respectfully begs to submit as under:-
1. Subject matter in brief: (In writ petitions)
2. That, it is expected that the caveatee may prefer an appeal (first /
second / miscellaneous) / revision / writ petition to the High Court,
praying for interim relief therein.
3. That, the caveator has dispatched a notice of caveat by registered
post with acknowledgement due / by approved courier service, on
the person by whom the appeal / petition / application has been,
or is expected to be filed, furnishing particulars regarding the
judgment / order etc. as detailed hereinabove, in respect whereof
the caveat is filed.
A receipt evidencing dispatch of the caveat is annexed as
annexure…….. .
220 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.10

4. (Where the caveator is an outsider)

Name and address of local Counsel with phone no. and e-mail
address, if any:
or
The local address of the caveator or his authorized agent:
..........................................
5. It is, therefore, prayed that, in the event of the caveatee
preferring such an appeal / revision / writ petition (within a
period of 90 days), with an application seeking any interim relief -
(1) necessary notice may kindly be served on the caveator;
(2) an opportunity of hearing be granted to the caveator; and
(3) any other orders in the interest of justice may kindly be passed;
- before granting interim relief.

Place: …………...……..
Date : …….......………. (Signature)
Advocate for Caveator
Format No.10 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 221

Format No. 11
(Chapter X, rule 48)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Cr. A. No......................... /20…
In the matter of:
Name of the first Appellant Appellant
Vs
State of Madhya Pradesh through Police Station ……...……
And / or
Name of the first Respondent Respondent
Applicant (s)
Appellant No (s). …………………..…………………………………………..
Name : ……………………………….………………………………………..
Age : ………………………………….……………..........................................
Father‘s / husband‘s Name: ………….…………..…………………………….
Occupation: …………………………….………………………………………
Address (with Police Station) : ………….…………………………………….
Permanent Resident of ………………………………………………………...
Whether in jail, ……………………………………..........................................
If not, the date till the sentence has been suspended by the Trial
Court…………………………………………………………………………….
Conviction Sentence
Section Act Imprisonment Fine Imprisonment in
If deposited, details lieu of Fine

(Application under Section 389 (1) of the Code of Criminal Procedure, 1973)
* Whether any Bail application is Particular of Bail application
pending before or already disposed of by No. Date of Order Result
(if yes, give particulars)
Hon‘ble Supreme Court of India
Hon‘ble High Court(s)
Court(s) subordinate to High Court(s)

* Table Inserted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 13.09.2013, Page 570.
222 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.11

The applicant named above respectfully begs to submit as under:-

1. That, this is applicant‘s First application for suspension of sentence/
conviction and bail before the High Court of Madhya Pradesh.
or
That, this is applicant‘s …………. (mention the number of the
application) application for suspension of sentence/conviction and bail
before the High Court of Madhya Pradesh.
Particulars of Earlier Application (s)
Serial Date of Institution Date of the Name of the Judge(s)
Number Application Number Order

2. Whether any proceeding for suspension of sentence / conviction and

bail of the applicant is pending before or decided by the Supreme Court,
if yes, particulars thereof.
3. (Where the number of accused persons is more than one)
To the best of the knowledge of the applicant, no application for
suspension of sentence/conviction has been moved by any of the co-
accused persons.
or
To the best of the knowledge of the applicant, the co-accused person(s)
have moved following application (s) for suspension of sentence/
conviction and bail.
Name of the Date of Institution Date of the Name of the Judge(s)
Accused Application Number Order
If known

4. Facts of the case in brief:

5. Grounds, numbered serially:
6. That the applicant is ready to furnish adequate surety and shall abide by
all the directions and conditions which may be imposed by the Court.

PRAYER
It is therefore, prayed that Court may kindly be pleased to suspend the
sentence / conviction and grant bail to the applicant (s) pending disposal of
instant appeal.
Place: ……………… (Signature)
Date: ………………. Advocate for Petitioner(s)
Format No.11 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 223

Form No. 12
(Chapter X, rule 53)
FORWARDING MEMO
OF APPEAL / REVISION BY PRISONER
To,
The Registrar,
High Court of Madhya Pradesh ………….

Through : The District & Sessions Judge, ……………………............................

Prisoner No. ....................... Name .............. ……...................... Age...............
Father‘s / Husband‘s name ................................... Occupation .......................
Address ............................................................ Police Station ..........................

Conviction Sentence
Section Act Imprisonment Fine Imprisonment in
If deposited, details lieu of Fine

Name of the Judge / Magistrate………………. …..…......................................

Designation of the Court ...................................................................................
Date of the Judgment / order...............................................................................
Whether the Appellant / Petitioner wishes an advocate to be engaged at the
expense of the State : .......................................................................................
1. Date of Application for copy of Judgment/order..................................
2. Date on which copy received .....................................................
3. Date on which Appeal / Revision sent................................................
Forwarded to the Sessions Judge........................... together with a copy
of judgment or order passed in the case, for transmission to the High Court
along with the record of the case.

(Signature)
Officer in Charge

Place…………… Date……......…………
………..…. Jail At …………………..
224 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.12

Date of receipt in the office of the Sessions Judge ..............................................

Date of receipt of record to accompany the Memo ........................................
No. ............................... dated .................. 20….... ..............................
Forwarded to the Registrar, High Court of Madhya Pradesh, ………………….

Sessions Judge
District …………………..

Date of receipt in the office the Registrar, High Court .................................

Registrar
Form No.12 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 225

Format No. 13
(Chapter X, rule 54)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
M.Cr.C. NO ................../20…
Cause Title
Applicant : Name, description and address with police station of each
applicant.
Vs
Respondent : State of Madhya Pradesh through Police Station …............
and / or
Name, description and address with police station of each
respondent.
(Application under Section 438 of the Code of Criminal Procedure, 1973)

*Whether any Bail application is Particular of Bail application

pending before or already disposed of by
(if yes, give particulars) No. Date of Order Result
Hon‘ble Supreme Court of India
Hon‘ble High Court(s)
Court(s) subordinate to High Court(s)
Particulars of Crime Particulars of Impugned Order
Crime No. ……...…….…. . Bail Application / case No……………………
Police Station …….....…… Name of the Judge……………………………
Offence u/s.……………… Designation of the Court : …………………..
Place : ………………………………………...
Date of the Order : …………………………..
The applicant named above respectfully begs to submit as under:-
1. That, this is applicant‘s first application for bail before the High Court
of Madhya Pradesh.
or
That, this is applicant‘s……….(mention the number of the application)
application for bail before the High Court of Madhya Pradesh.
* Table Inserted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 13.09.2013, Page 570.
226 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.13

Particulars of Earlier Application (s)

Serial Date of Institution Date of Name of the Judge
Number Application If Number the Order
known

2. If an application under section 1[438] of the Code of Criminal Procedure

for bail of the applicant is pending before or decided by the Supreme
Court, any High Court or any Court Subordinate to a High Court, the
particulars thereof.
3. (Where the number of accused persons is more than one),
To the best of the knowledge of the applicant, no bail application has been
filed by any of the co-accused persons.
or
To the best of the knowledge of the applicant, the co-accused person (s)
have filed following bail application (s).
Name of Date of Institution Date of the Name of the Judge
the Application Number Order
Accused If known

2
[3A. If an application in respect of cross-case, if any, under section 438 of the
Code of Criminal Procedure for bail is pending before or decided by the
Supreme Court, any High Court or any Court Subordinate to a High
Court, the particulars thereof.
3B. (Where the number of accused persons is more than one),
To the best of the knowledge of the applicant, no bail application in
cross-case,if any, has been filed by any of the co-accused persons.
or
To the best of the knowledge of the applicant, the accused person(s) in
cross-case, if any, have filed following bail application(s).
Name of Crime Date of Institution Date of Name of the
the number of Application, Number Order Judge]
Accused cross-case if known

1. Substituted by Notification published in M.P. Gaz. Part 4 (Ga) dt. 29.05.2009, w.e.f.
15.06.2009, Page 356.
2. Added by Notification published in M.P. Gaz. Part 4 (Ga) dt. 02.10.2020, Page 1310.
Format No.13 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 227

4. (In first bail application)

A certified copy of the order of the lower Court is annexed as annexure-..
(In subsequent bail application)
a. A certified copy of the order passed by the High Court in
earlier bail application is annexed as annexure - …………… .
b. A certified copy of the order passed by the lower Court subsequent
to the rejection of the earlier bail application by the High Court, if
any, is annexed as annexure- …………… .
5. That, the applicant is apprehending his arrest in connection with Crime
mentioned above.
6. Facts of the case in brief;
7. Grounds, numbered serially;
8. That the applicant is permanent resident of - ……………………....…
9. That the applicant is ready to furnish adequate surety and shall abide by
all the directions and conditions which may be imposed by the Court.

PRAYER
It is therefore prayed that the Court may kindly be pleased to order that
the applicant be enlarged on bail in the event of his arrest in this case.

Place: …………...……..
Date : …….......………. (Signature)
Advocate for Applicant
228 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.13

Format No. 14
(Chapter X, rule 54)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
M.Cr.C. NO ..................... /20…
Cause Title
Applicant : Name, description and Postal address with police station,
tehsil and district of each applicant.
Vs
Respondent : State of Madhya Pradesh through Police Station………..
and / or
Name, description and Postal address with police station,
tehsil and district of each respondent.
(Application under Section 439 of the Code of Criminal Procedure, 1973)
*Whether any Bail application is Particular of Bail application
pending before or already disposed of by
(if yes, give particulars) No. Date of Order Result
Hon‘ble Supreme Court of India
Hon‘ble High Court(s)
Court(s) subordinate to High Court(s)
Particulars of Crime Particulars of Impugned Order
Crime No. ………….....………. Bail Application / case No. . …………
Police Station …………...……. Name of the Judge : ………………….
Offence u/s. ………..………… . Designation of the Court : ……………….
Place : …………………………………...
Date of Arrest …….....……….. Date of the Order : …………………….
The applicant named above respectfully begs to submit as under:-
1. That, this is applicant‘s first application for bail before the High
Court of Madhya Pradesh.
or
That, this is applicant‘s………….(mention the number of the
application) application for bail before the High Court of Madhya
Pradesh.

* Table Inserted by Notification published in M.P. Gaz. Part 4 (Ga), dt. 13.09.2013, Page 570.
Format No.14 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 229

Particulars of Earlier Application (s)

Serial Date of Institution Date of Name of the Judge
Number Application If Number the Order
known

1
[ Particulars of Earlier Identical/SimilarMatters
S. Crime Police Offence Status of Particulars of Particulars of
No. No. Station U/S Arrest Bail Order any order
with with Case with case
District Number Number
(1) (2) (3) (4) (5) (6) (7)

2. If an application under section 439 of the Code of Criminal Procedure

for bail of the applicant is pending before or decided by the Supreme
Court, any High Court or any Court Subordinate to a High Court, the
particulars thereof.
3. (Where the number of accused persons is more than one),
To the best of the knowledge of the applicant, no bail application has
been filed by any of the co-accused persons.
Or
To the best of the knowledge of the applicant, the co-accused person (s)
have filed following bail application (s).

Name of Date of Institution Date of Name of the Judge

the Application Number the Order
Accused if known

2
[3A. If an application in respect of cross-case, if any, under section 439 of the
Code of Criminal Procedure for bail is pending before or decided by the
Supreme Court, any High Court or any Court Subordinate to a High
Court, the particulars thereof.
3B. (Where the number of accused persons is more than one),
To the best of the knowledge of the applicant, no bail application in
cross-case, if any, has been filed by any of the co-accused persons.
1. Words, Figures and Table inserted by Notification Published in M.P. Gazette Part 4
(Ga) dated 25.05.2018, Page 245.
2. Added by Notification published in M.P. Gaz. Part 4 (Ga) dt. 02.10.2020, Page 1311.
230 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.14

or
To the best of the knowledge of the applicant, the accused person(s) in
cross-case, if any, have filed following bail application(s).
Name of Crime Date of Institution Date of Name of
the number of Application, Number Order the Judge]
Accused cross-case if known

4. (In first bail application)

A certified copy of the order of the lower Court is annexed as annexure-
………......................
(In subsequent bail application)
(a) A certified copy of the order passed by the High Court in earlier
bail application is annexed as annexure - ……………
(b) A certified copy of the order passed by the lower Court subsequent
to the rejection of the earlier bail application by the High Court, if
any, is annexed as annexure- …………… .
5. Facts of the case in brief:
6. Grounds, numbered serially:
7. That the applicant is permanent resident of - ……………………....…
8. That the applicant is ready to furnish adequate surety and shall abide by
all the directions and conditions which may be imposed by the Court.

PRAYER
It is therefore, prayed that Court may kindly be pleased to order that
the accused be enlarged on bail.

Place: …………...……..
Date : …….......………. (Signature)
Advocate for Applicant
Format No.14 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 231

Form No. 15
(Chapter XII, rule 7)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Mention Memo
Appellant :
Applicant : ................................................... .............................
Petitioner :
Versus
Respondent :
Non-applicant : .............................................................................................
Special Request by ……. for Listing a Case Urgently. (At 1[2[10.30]] a.m.)
1. Institution no. of main case : …………………………………...
2. Date and time of filing : …………………………………..
3. The date on which the defects, ……………………………………….
if any, were rectified:
(Where the Office has pointed out defects)
4. Whether any fixed date has been
given by the Court :………………………………………
5. Purpose for which posting …………….........................................
of the case is requested: …………………………….....………
………………………….……………
……………………………………….
……………………………………….
6. Reasons for urgency: ………………………………………
………………………………………
………………………………………
………………………………………
………………………………………

1. Substituted by Notification published in M.P. Gaz, 4 (Ga), dt. 21.01.2022, Page 105.
2. Substituted by Notification published in M.P. Gaz, 4 (Ga), dt. 07.06.2024, Page 838, w.e.f. D.O.P.
232 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.15

7. Date for which the request ………………....................................

is made:

Place: …………...……..
Date : …….......………. (Signature)
Advocate for ………………..

Note : (i) Not to be presented to the Court before filing of main case in the
presentation centre of the High Court.
(ii) Not to be presented for posting of a case in final hearing.

To be printed overleaf
(Chapter XII, rule 7(6))
The case is cognizable by the bench comprising Hon. Shri Justice
……….............………

Section Officer
Reader to Hon‘ble Shri Justice………………
(For being placed before His Lordship)
Form No.15 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 233

Form No. 16
[Chapter XIII, 1[Rule 27] (1)]
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
(Writ of Mandamus/Prohibition/Certiorari/Quo Warranto)
Writ Petition No. ………… / 20…….
Cause Title
Petitioner : The name, age, father/husband‘s name, occupation
and complete address and fax number with S.T.D.
Code and e-mail address of each petitioner
Vs
Respondent : The name, age, father/husband‘s name, occupation,
complete address and fax number with S.T.D. Code
and e-mail address of each respondent
To
……………………………………………..
……………………………………………..
……………………………………………..
……………………………………………..
Whereas a petition has been made to this Court under article 226 of the
Constitution of India on behalf of the petitioner, the division/single bench of
the High Court, presided over by ………………………….…… in presence of
…………………….…… and……………………………….and ordered that -
……………..........................................................................................................
……………..........................................................................................................
……………..........................................................................................................
……………..........................................................................................................
The costs of the petition will be borne by ………………..............
Given under my hand and the seal of the High Court of Madhya
Pradesh at Jabalpur/Indore/Gwalior, this ……...... day of ................... 20…..
By Order of the High Court,
(Seal of the Court)
Registrar

1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 748
234 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.16

Form No. 17
[Chapter XIII, 1[Rule 27] (2)]
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Certificate of Non-satisfaction of Costs

Writ Petition No. ………. of 20……. Decided on……………..

In the matter of
………………………………
Vs
…………………………………

Whereas the petitioner/respondent in the above case has applied to this

Court for recovery of costs amounting to Rs……From respondent/petitioner and
the latter has failed to deposit the amount of Rs………. Payable to the
petitioner/respondent.
And whereas a bench of this Court consisting of the Hon‘ble Shri Justice
……………………… and the Hon‘ble Shri Justice…………………………has
ordered issue of a certificate by order dated …………...

It is hereby certified that the petitioner/respondent is entitled to

recover the amount of Rs…………………. from respondent/petitioner.

Given under my hand and the seal of the High Court of Madhya Pradesh
at Jabalpur/Indore/Gwalior, this ……….day of............. 20………

By Order of the High Court

Registrar
(Seal of Court)

Forwarded to the District Judge at ………. for necessary action.

Registrar

1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 748
Form No.17 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 235

Form No. 18
(Chapter XIII, rule 36)
THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR

(Warrant to produce a person in custody)

Class of case ……………. No. ……………..of 20……
In the matter of ……………………..……………………………….
Vs
……………………………………………………….

To,
The Superintendent / Officer In-charge
………………………………………
……………………………………...
(Name of the jail or any other place, where the person is detained in
custody)
You are hereby required to have the body of…….….son/daughter/wife
of …………now a prisoner in your custody or now in your custody, produced
under safe and sure conduct before the High Court of Madhya Pradesh at
………………….. on the ……….. day of ……20… at……….a.m. / p.m.,
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 Court (if the prisoner is detained
in public custody) and unless the said …………… shall, then and there, 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
conduct back to the said Jail or other place of custody.
Given under my hand and the seal of this Court, this …… day of
..........20.....
By Order of the High Court,
……...............……………….
(Seal of the Court) Registrar
236 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.18
Form No.21 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 237
238 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.20

Form No. 21
(Chapter XIV, rule 8(1)(c))
THE HIGH COURT OF MADHYA PRADESH
Register of Fixing of Cases
Date ……..................

Sr. Case SB/DB MH/FH Purpose FD/FW/FM Remarks

No. Number of Listing

Date ……..................

Sr. Case SB/DB MH/FH Purpose of FD/FW/FM Remarks

No. Number Listing
Form No.21 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 239

Form No. 22
(Chapter XIV, rule 8(1)(e))
THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Register of Appearance of Accused Persons
(To be maintained by each Dealing Assistant in Criminal Branch)

Date …………..............

Sr. No. Case No. Name of First Party Name of Main Whether
on either side Advocate Appeared

Date …………..............

Sr. No. Case No. Name of First Name of Main Whether

Accused Advocate Appeared
240 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.22

Form No. 23
(Chapter 1[XIV], rule 8(5))
THE HIGH COURT OF MADHYA PRADESH

Proposal for Listing of Cases

Date for which proposal is submitted …………………………..for M.H./F.H.

Before - (1) Hon‘ble Shri Justice ……….......…………………… and

(2) Hon‘ble Shri Justice ….......…………………………

S. Class Subject Number of Name of Purpose Fixed Remark

No. and Category First Main for which date/
Number Code Parties on Advocates case to be Week/
of Case either side on either listed Month
side
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

(a) Name & Designation of Dealing Assistant ……………………………

(b) Branch / Section of Office ……………………………………………

(c) Date on which proposal submitted ……………….....at……………….

(d) In case of FD/FW/FM, date of order ………………….…………………

1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 748
Form No.23 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 241

CERTIFICATE
It is to certify that the record of case/cases proposed is/are with me
and I undertake to send the same to the Court, as per Cause List, one day
prior to the date for which the case is fixed.

Signature of Dealing Assistant ……………………..

Signature of Section Officer ……………………….

Cause List Section

Proposal received on …………………..at………………………..

…………………………….
Signature
Cause List Clerk
242 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.23

Form No. 24
(Chapter XIV, rule 8(11))
THE HIGH COURT OF MADHYA PRADESH
Service Report
Class & Number of the Case__________/20…. SB / DB

Petitioner/Applicant/Appellant Represented by

................................................. ............................
................................................ ............................
............................................... ............................
............................................... ............................
Respondents Served on / Dispensed with / Represented by
Proceeded exparte

1. .............................. .............................. .............................

2. .............................. .............................. ..............................
3. .............................. .............................. ..............................
4. .............................. .............................. ..............................
5. .............................. .............................. ..............................
6. .............................. .............................. ..............................
7. .............................. .............................. ..............................
8. .............................. .............................. ..............................
9. .............................. .............................. ..............................
10. .............................. .............................. ..............................
Subject Matter :

…………………………………….............……………………………………..

…………………………………….............……………………………………..

…………………………………….............……………………………………..
Form No.24 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 243

Applications – I.A. Reply (Received on) Decided on

1. .............................. .............................. ..............................
2. .............................. .............................. ..............................
3. .............................. .............................. ..............................
4. .............................. .............................. ..............................
5. .............................. .............................. ..............................
6. .............................. .............................. ..............................
7. .............................. .............................. ..............................
8. .............................. .............................. ..............................

Signature
Dealing Assistant No. ….........

Branch ...............................
244 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.24

Form No. 25
(Chapter XIV, rule 8(13))
THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Certificate Declaring a Case as Ripe for Final Hearing
(To be issued by the Section Assistant)
Case No. ................... SB / DB

Names of First Parties ............................. Main Advocate…………………on

either side
Vs
............................. Main Advocate ........................

The Case is certified as ripe for final hearing on ........................

(Signature)
Section Assistant

Court‘s special Order about

Hearing, if any ........................................................................................

(Signature)
Dealing Assistant
Section Officer

Certificate received on ..............................................

In Charge
Cause List Section
Form No.25 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 245

As per special orders of the Court

List the case on _______________________

2. Since there are no special orders the case will take its place in queue.
Include in the list of ripe cases accordingly.

Deputy Registrar (Judl.)

Complied

H.A. (Listing)

3. Include in the monthly/fortnightly List of ..............

Deputy Registrar (Judl.)

Complied

H.A. (Listing)

4. Include in the weekly list of ..............

Deputy Registrar (Judl.)

Complied

H.A. (Listing)
246 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.25
Form No.26 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 247

Form No. 27
1
[Chapter XV, rule 4(1)]
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Class of Case ................ No. ................ of 20… fixed for…./……/ 20…..
Appellant :
Applicant :……………........................................................
Petitioner :
Versus
Respondent :
Non-applicant :………. .................................................. ...........

Memorandum of Process
The above named Appellant/Applicant/Petitioner has affixed hereon
Court fee stamps, worth Rs…......................................... for issuing notice to
the following Respondent/Non-Applicant.

No. Name & Addresses Process fee Paid

Date of order Claim valued at Rs. Particulars

Place: …………...……..
Date : …….......………. (Signature)
Advocate for ……………….

1. Replaced in view of substituted Chapter XV by Notification published in M.P. Gaz, Part 4

(Ga), dt. 02.06.2017
248 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.27

Form No. 28
(Chapter XIX, rule 1)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR

Class of Case ................ No. ................of 20… fixed for ……….

Appellant :
Applicant : ........................................................................
Petitioner :
Versus
Respondent :
Non-applicant : ........................................................................

Requisition Slip for Inspection of Record / Book / Register

To,
The Record Keeper,
Please make available following record / book / register for inspection.
Particulars of Record / Book / Register Capacity in which Inspection
of which Inspection is requested is sought.

Place: …………...……..
Date : …….......………. Signature
Applicant
Form No.28 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 249

Form No. 29
1
[……..]
Form No. 30
(Chapter XXI, rule 3 or 24)
THE HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR.
Miscellaneous Civil/Criminal Case No……………….. of 20…..… for
leave to appeal to the Supreme Court of India against the Judgment and
Decree/ Order, dated the …………… of this High Court…………………
in ……………..……. No. ……………….………

……………. Petitioner
(Original Status in the High Court)
Versus
…………….. Opposite Party
(Original status in the High Court)

Certificate of fitness for Appeal to the Supreme Court

Upon reading the petition of the petitioner presented on the …… day
of……….…..…. 20……. praying for leave to appeal to the Supreme Court
against the Judgment and Decree/Order, dated the ……. Day of …………….of
20….. of this Court in the said Case No. …………………… of ……….
AND UPON hearing Shri / Sushree…………………………...Advocate
for the petitioner and Shri / Sushree …………..…………….. Advocate
for Opposite Party, there being no appearance for the Opposite Party
No…… though served.
THIS COURT DOTH CERTIFY under Article 132 (1) / 133(1) (a) and
(b) of the Constitution of India that –
(1) this case involves a substantial question of law as to the interpretation
of the Constitution and
(2) in the opinion of this Court, the said question needs to be decided by the
Supreme Court.
1. Deleted by Notification published in M.P. Gaz. (Ext.) dt. 30.07.2010, Page 802(3), w.e.f.
10.08.2010.
250 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.29

And this Court further directs that the costs of this Miscellaneous
application shall be the cost in the appeal to the Supreme Court.

Witness Hon‘ble Shri................................................ the Chief Justice of

the High Court of Madhya Pradesh.
This day …………… of.................…………….... 20….

(SEAL) Judge Judge

Registrar

Advocate for the Applicant.

Form No.30 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 251

Form No. 31
(Chapter XXI, rule 3)
THE HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR.
Miscellaneous Civil Case No ………...…….Of 20 …… for leave to
Appeal to the Supreme Court of India against the Judgment and Decree/Order,
dated the ………………. Of this High Court in ……………... No……. ……

……………. Petitioner
(Original Status in the High Court)
Versus
…………….. Opposite Party
(Original Status in the High Court)
Certificate of fitness for Appeal to the Supreme Court
Upon reading the petition of ………….……the petitioner above named
presented on the ………………… day of 20 ……… praying for leave to
appeal to the Supreme Court against the Judgment and Decree/Order dated
the …….. day of…………of 20 …. Of this Court in the said Appeal No.
………… of ……………………
AND UPON Hearing Shri ….............................…… Advocate for the
petitioner and Shri ….....................…… Advocate for the Opposite Party, there
being no appearance for the Opposite Party No. ………… though served.
THIS COURT DOTH CERTIFY under Article 133 (1) (a) and (b) of the
Constitution of India that –
(1) this case involves a substantial question of law of general
importance, and
(2) in the opinion of this Court, the said question needs to be decided
by the Supreme Court.
And this Court further directs that the costs of this
Miscellaneous application shall be the cost in the appeal to the
Supreme Court.
252 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.31

Witness … … . ………………… Chief Justice of the High Court of

Madhya Pradesh.

This …….. day ……… of 20……..

(SEAL) Judge Judge

Registrar

This day …………

Received the above certificate on behalf of the applicant.

Advocate for the Applicant.

Form No.31 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 253

Form No. 32
(Chapter XXI, 1[Rule 7(1) ])
THE HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR.
Supreme Court Civil/Criminal Appeal No. ……… of …..
(From the Judgment and Decree/Order of this High Court, dated …………….
in ………..of ………………….)

……………. Petitioner
(Original Status in the High Court)
Versus
…………….. Opposite Party
(Original Status in the High Court)
(Notice of the order granting Special Leave and/the Lodgment of
the Petition of Appeal).
To,
TAKE NOTICE THAT Special Leave to Appeal has been granted to
the applicant above-named by the Supreme Court and/the applicant has lodged
the petition of appeal in the Registry of the Supreme Court/and that as
required by rule 6 of Order XV of the Supreme Court Rules, 1966 the appellant
has deposited with the Registrar of the Supreme Court, the requisite security
for the costs of the respondent,
TAKE FURTHER NOTICE that if you desire to contest the appeal you
may within Thirty days of the receipt of this Notice enter appearance before the
Supreme Court, New Delhi, either in person or by an Advocate on record of
that Court duly appointed by you in that behalf and take such part in the
proceedings as you may advise.
TAKE FURTHER NOTICE ALSO THAT in default of your appearance
within the time prescribed the appeal will be proceeded with and determined in
1
[your] absence and no further notice 1[in] relation thereto shall be given to
you.
Dated this the ……… day of ................ 20 ……..

(SEAL) Deputy Registrar

1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 748
254 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.32

Form No. 33
(Chapter XXI, rule 7(3))
THE HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR.

Supreme Court Civil/Criminal Appeal No. ………. Of …….

(From the Judgment and Decree/Order of this High Court, dated……………
In …………… of …………. 20…………)

……………. Petitioner(s)
(Original Status in the High Court)
Versus
…………….. Respondent(s)
(Original Status in the High Court)

[Certificate regarding service of Notice on the Respondent(s) under

Rule 11/15, Order XV, XVI, XXI of the Supreme Court Rules 1966]
I DO HEREBY CERTIFY THAT the notice under Rule 11/15, Order
XV/XVI/XXI of Supreme Court Rules, 1966, the above case under appeal to
the Supreme Court of India, has been served on…………(the date of service).
Dated this the …….. day of ………………. 20 ……

(SEAL) Deputy Registrar

Form No.33 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 255

Form No. 34
(Chapter XXI, rule 8(1 (a), 12, 13 or 14)
THE HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR.
Supreme Court Civil/Criminal Appeal No. ………. Of ……..
(From the Judgment and /Decree/Order of this High Court, dated………….
in……….……… of …….. 20 . . .)

……………. Applicant
(Original Status in the High Court)
Versus
…………….. Respondent
(Original Status in the High Court)
(Notice to appellant for depositing the costs of the preparation,
transmission, etc., of the transcript of the record)
To
TAKE NOTICE THAT you are required to make a/an deposit/ additional
deposit of Rs…………..…. within thirty/eight days from the service hereof
on you to meet the costs of the transmission/the preparation of the English
Transcript of the original/record/paper of the case in question/and the printing/
cyclostyling/ and the transmission thereof to the Supreme Court.
TAKE FURTHER NOTICE that if you fail to make the said additional
deposit within the time mentioned above the default will be reported to the
Supreme Court.
Dated this the ……… day of ………..…. 20 …….

(SEAL) Deputy Registrar

256 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.34

Form No. 35
(Chapter XXI, rule 9(5))
THE HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR.
Supreme Court Civil/Criminal Appeal No……….. of …….
(From the Judgment and Decree/Order of this High Court, dated…………….
in ………… of ……… 20 ……)
……………. Applicant
(Original Status in the High Court)
Versus
…………….. Respondent
(Original Status in the High Court)
(Notice to the Appellant for inspection of the Record and for
1
[filing] the list of documents to be included in the Transcript of the
Record).
To
NOTICE IS HEREBY given to you, that the Record and proceedings of
the case from which the said Supreme Court Appeal arises are available in this
Court and that you may take inspection of the same, if you so desire.
TAKE FURTHER NOTICE that you are required to file within four
weeks from the date of this notice a list of documents which you desire to
include in the appeal paper-book after serving on each of the Respondents a
copy of the said list, and also produce an acknowledgment from each of the
Respondents that a copy of the said list has been served on him.
TAKE FURTHER NOTICE ALSO that you are required to take all
necessary steps with due diligence to arrange to transmit in triplicate with all
convenient 1[dispatch] a Transcript in English of the Record proper of the case/
the printed/cyclostyled record of the case so far as is material to the questions
in dispute in the said appeal for being placed before the Supreme Court for the
hearing of the said appeal.
Dated this the …… day of ………..… 20….
(SEAL) Deputy Registrar
Counsel for Appellant
Counsel for Respondent.
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 748
Form No.35 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 257

Form No. 36
(Chapter XXI, rule 9(5))
THE HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR.
Supreme Court Civil/Criminal Appeal No. …………….. of …….
(From the Judgment and Decree/Order of this High Court, dated …………..
in …….of ……… 20…… )
……………. Applicant
(Original Status in the High Court)
Versus
…………….. Respondent
(Original Status in the High Court)
(Notice to the Respondent for inspection of Record, and for 1[filing]
the list of additional documents to be included in the Transcript of
the Record)
To
NOTICE is hereby given to you that the Record and Proceedings of the
case from which the said Supreme Court Appeal arises are available in this
Court and that you may take inspection of the same, if you so desire.
TAKE FURTHER NOTICE that you are required, upon the Appellant‘s
serving on you a copy of the list of documents which the Appellant intends to
include in the paper book, to file within three weeks of the service on you of
the said list by the Appellant a list of such additional documents as you
consider necessary for the determination of the appeal.
TAKE FURTHER NOTICE ALSO that you are required to take all
necessary steps with due diligence, so far as you may be concerned, in the
matter of arranging to transmit in triplicate with all convenient despatch a
transcript in English, of the Record proper of the case/ the printed/cyclostyled
record of the case so far as material to the questions in dispute in the said appeal
for being placed before the Supreme Court for the hearing of the said appeal.
Dated this the ……… day of ……….… 20 ……
(SEAL) Deputy Registrar.
Counsel for Appellant.
Counsel for Respondent.
1. Substituted by Notification published in M.P.Gaz., Part 4 (Ga), dt. 28.06.2019, Page 748
258 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.36

Form No. 37
(Chapter XXI, rule 17)
THE HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR.
Supreme Court Civil/Criminal Appeal No. ………….…. Of 20 …….
(From the Judgment and Decree/Order of this High Court, dated ………..…..
in ……….. of……………)
……………. Applicant
(Original Status in the High Court)
Versus
…………….. Respondent
(Original Status in the High Court)

(Notice of the certification and transmission of the printed or

Cyclostyled record )
To,
TAKE NOTICE that/the printed/photocopied record of the above mentioned
appeal has been authenticated and transmitted to the Supreme Court on the
….............……..
TAKE NOTICE ALSO that you are requested to take necessary steps in
the prosecution of the appeal in accordance with the provisions of Supreme
Court Rule, 1966.
Dated this the ……. Day of ….. 20 …….

(SEAL) Deputy Registrar.

Form No.37 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 259

Form No. 38
(Chapter XXI, rule 17)
THE HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR.
Supreme Court Civil/Criminal Appeal No. …………. Of 197……..
(From the Judgment and Decree/Order of this High Court, dated …………….
In …….. of………………)
……………. Applicant(s)
(Original Status in the High Court)
Versus
…………….. Respondent(s)
(Original Status in the High Court)

(Certificate of the Registrar under Rules 11/15, Order XV/XX of

the Supreme Court Rules, 1966)
I DO HEREBY CERTIFY that the notice regarding the authentication and
the despatch of the printed/photocopied record in the above case to the
Supreme Court have been duly served on the Appellant and the Respondents as
follows :-
Dated this the ………. Day of …… 20 …….

(SEAL) Deputy Registrar

260 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.39
Format No.40 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 261
262 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Form No.39
1
[Format No.40
(Chapter 10, rule 39)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR /BENCH AT INDORE/
BENCH AT GWALIOR

I.A. No………… of ………

In
(Nature of case) No………. of ……..

In the matter of :

Name of the first Petitioner /

Appellant/ Applicant…………...…………… Petitioner/Appellant/Applicant

Vs.
Name of the first Respondent /
Non Applicant/……………………………… Respondent / Non Applicant

Application under………..….(please specify provision and act) by…………..

The applicant named above respectfully begs to submit as under :

1.
2.
3……………………….

Prayer

Whereof this Hon‘ble Court may kindly be pleased to---

(a) allow the application and……………………..
(b) stay the operation of impugned order dated……..……passed by the
learned Single Judge in Writ Petition No………………… (in case of
Writ Appeal)

Place: …………...……..
Date : …….......………. Signature
Advocate for Applicant]
1. Added by Notification published in M.P. Gaz., Part 4 (Ga), dt. 03.03.2023, Page 258-259,
w.e.f. D.O.P.
Format No.40 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 263
1
[Format No. 41
(Chapter X, rule 14)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR

Contempt Petition (Civil) No. ………… of ….…….

Cause Title
Petitioner : The name, age, father/husband‘s name, occupation and
complete address and fax number with S.T.D. Code and
e-mail address, if any;
Vs
Respondent/ : The name, age, father/husband‘s name, occupation,
Contemnor complete address and fax number with S.T.D. Code and
e-mail address, if known;

(Contempt Petition (Civil) under ……………) (Specify the provision of law)

1. Particulars of the writ, order in relation to which the petition is made:
……………………………………………………………...
2. Subject-matter in brief : ……………….....................................…
3. Grounds urged :
(Give separately, the grounds on which the relief (s) is / are claimed in
the petition and legal provision relied on.)
4. A declaration that any Writ Appeal or Special Leave Petition
challenging the order in respect of which contempt has been averred
has been filed or not and if filed its status or result thereof, along
with copy of the order.
5. A declaration that no proceeding on the same subject matter has
been previously instituted in any Court, authority or tribunal. If
instituted, the status or result thereof, along with copy of the order
6. Delay, if any, in filing the petition and explanation therefor :
(State exact period within which the petition is filed after accrual of
cause of action therefor)
264 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.41

7. Caveat:
That, no notice of lodging a caveat by the opposite party is received or
notice of caveat is received and the Petitioner has furnished the copies of
the Writ Petition together with copies of the annexure (if any) to the
caveator.
8. Relief Prayed for :

PRAYER

Therefore, it is most humbly prayed that this Hon‘ble Court may kindly
be pleased to :-

Initiate proceedings for contempt and punish the respondents (No.1 or 2)

for willfully disobeying the order dated………passed by the learned
Single Judge/Division Bench in Writ Petition No…………

Place: …………...……..
Date : …….......………. Signature
Advocate for Petitioner(s)]

1. Added by Notification published in M.P. Gaz., Part 4 (Ga), dt. 03.03.2023, Page 259-261,
w.e.f. D.O.P.
Format No.41 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 265
1
[Format No. 42
(Chapter II, rule 29)
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /
BENCH AT GWALIOR
Writ Appeal No. …………… of ……………………………
Cause Title

………………………………………………………………………………….
Appellant : The name, age, father/husband‘s name, occupation and
complete address and fax number with S.T.D. Code and e-mail
address, if any;
Vs
Respondent : The name, age, father/husband‘s name, occupation, complete
address and fax number with S.T.D. Code and e-mail address,
if known;
Writ Appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya
(Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005
1. Particulars of the writ order in relation to which the appeal is
made: …………………………………………………………..
2. Subject-matter in brief : ………………....................................
3. Grounds urged :
(Give separately, the grounds on which the relief (s) is / are claimed in
the appeal and legal provision relied on.)
4. A declaration that no proceeding on the same subject matter has
been previously instituted in any Court, authority or tribunal. If
instituted, the status or result thereof, along with copy of the order.
5. Delay, if any, in filing the appeal and explanation therefor :
(State exact period within which the appeal is filed after accrual of cause
of action therefor)
266 THE HIGH COURT OF MADHYA PRADESH RULES, 2008 Format No.42

6. Caveat:
That, no notice of lodging a caveat by the opposite party is received or
notice of caveat is received and the Petitioner has furnished the copies of
the Writ Petition together with copies of the annexure (if any) to the
caveator.
7. Relief Prayed for :

PRAYER

Therefore, it is most humbly prayed that this Hon‘ble Court may kindly
be pleased to :-
i. Allow the appeal by setting aside the order dated………passed by
the learned Single Judge in Writ Petition No…………
ii. Issue any other order as this Hon‘ble Court deems fit.

Place: …………...……..
Date : …….......………. Signature
Advocate for Petitioner(s)]

1. Added by Notification published in M.P. Gaz., Part 4 (Ga), dt. 03.03.2023, Page 261-263,
w.e.f. D.O.P.

------------------