Supreme Court of India | Practice and Procedure

Order LII - Forms to Be Used under the Supreme Court Rules, 2013

Order LII deals with the formal authentication of court processes and the use of prescribed forms in proceedings before the Supreme Court of India.

Meaning and scope of Order LII

A court process is an official document issued in connection with judicial proceedings, such as a writ, summons, order or warrant. Order LII sets out how certain mandatory processes are authenticated and directs the use of the forms contained in the Fourth Schedule, where applicable.

Rule 1 - Attestation, signature and seal

Every writ, summons, order, warrant or other mandatory process must bear the attestation of the Chief Justice, be signed by the Registrar showing the day and year of signing, and carry the seal of the Court.

This requirement concerns the formal authenticity of processes issued by the Supreme Court. The nature of the document and applicable procedural requirements must also be considered.

Rule 2 - Forms prescribed in the Fourth Schedule

The forms set out in the Fourth Schedule to the Supreme Court Rules, 2013, or forms substantially to the same effect with variations required by the circumstances of an individual case, are to be used wherever those forms are appropriate.

Rule 2 therefore permits suitable variations in the prescribed form, while retaining its essential purpose and effect. Parties should use the applicable current form and comply with any subsequent amendments, directions and filing requirements.

Practical application

Before preparing or submitting a document, identify the nature of the proceeding, locate the relevant Fourth Schedule form and confirm whether the Supreme Court has issued updated procedural directions or e-filing requirements. The attestation, signing and sealing obligations in Rule 1 principally concern court-issued processes, rather than every document filed by a litigant.

Legal reference: Order LII, Rules 1 and 2, read with the Fourth Schedule to the Supreme Court Rules, 2013, as amended from time to time. The prescribed forms and court directions should be checked against the current official publication.

Official sources

Supreme Court of India - official website (Rules, practice directions, forms and filing information) and India Code (authoritative legislation database).