Order LV - Power to dispense and inherent powers : Supreme Court Rules 2013
What are the Power to dispense and inherent powers? Order LV of Supreme Court Rules 2013
Order LV of Supreme Court Rules 2013 : "Power to dispense and
1. The Court may, for sufficient cause shown, excuse the
parties from compliance with any of the requirements of these
rules, and may give such directions in matters of practice and
procedure as it may consider just and expedient.
2. An application to be excused from compliance with the
requirements of any of the rules shall be addressed, in the
first instance, to the Registrar, who shall take instructions of
the Judge in Chambers thereon and communicate the same to the
parties, but, if, in the opinion of the Registrar, it is
desirable that the application should be dealt with in open
Court, he may direct the applicant to serve the other party with
a notice of motion returnable before the Court.
3. The Court may enlarge or abridge any time appointed by
these rules or fixed by any order enlarging time, for doing any
act or taking any proceeding, upon such terms (if any) as the
justice of the case may require, and any enlargement may be
ordered, although the application therefor is not made until
after the expiration of the time appointed or allowed.
4. The Court may at any time, either of its own motion or on
the application of any party, make such orders as may be
necessary or reasonable in respect of any of the matters
mentioned in rule 8 of Order XXVII of these rules, may issue
summonses to persons whose attendance is required either to give
evidence or to produce documents, or order any fact to be proved
5. Where there are two or more appeals arising out of the
same matter, the Court may at any time either on its own motion
or on the application of any party, order that the appeals be
consolidated. Unless otherwise ordered by this Court the
liability of the parties to pay separate Court-fees shall not be
affected by any order for consolidation.
6. Nothing in these rules shall be deemed to limit or
otherwise affect the inherent powers of the Court to make such
orders as may be necessary for the ends of justice or to prevent
abuse of the process of the Court.
7. At any time before or as soon after the
commencement of arguments at the final hearing of a case
as may be feasible, the Court will ascertain from the
counsel of each party to be heard the time which the
counsel's arguments on the matter are likely to take.
The Court may then fix the time for the arguments of
each party or each counsel. The counsel may be permitted
to supplement the oral arguments by written submission,
but will not be allowed to exceed the time so fixed
unless the Court itself considers it necessary, or
desires that he should do so on any matter requiring
further elucidation by oral arguments.