Order LV of the Supreme Court Rules, 2013: Power to Dispense and Inherent Powers

Rule 1: Dispensing with procedural compliance

Where sufficient cause is established, the Court can excuse compliance with a requirement of the Rules and issue appropriate procedural directions. The discretion belongs to the Court; non-compliance is not automatically excused.

Text of Rule 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.

Rule 2: Application through the Registrar

The request is first addressed to the Registrar. The Registrar obtains instructions from the Judge in Chambers, or may require notice of motion for an open-court hearing.

Text of Rule 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.

Rule 3: Extension or reduction of time

The Court can shorten or extend a time limit under the Rules, including after its expiry, subject to conditions warranted by justice. This does not mean every delay must be condoned.

Text of Rule 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.

Rule 4: Procedural directions and evidence

The Court may issue directions relating to matters under Order XXVII Rule 8, summon persons to give evidence or produce documents, and require proof by affidavit.

Text of Rule 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 by affidavit.

Rule 5: Consolidation of connected appeals

Connected appeals arising from the same matter may be consolidated. Separate court-fee liability ordinarily continues unless the Court directs otherwise.

Text of Rule 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.

Rule 6: Inherent powers to secure justice

The Rules do not restrict orders needed to serve the ends of justice or prevent abuse of the Court's process. This is not an unrestricted alternative to review or other prescribed remedies.

Text of Rule 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.

Rule 7: Time limits for oral arguments

The Court can allocate time for counsel at the final hearing and permit written submissions to supplement oral arguments. Extra oral time is subject to the Court's discretion.

Text of Rule 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.

Practical application and limitations

An applicant seeking exemption from a procedural requirement should identify the particular rule, explain the non-compliance and demonstrate sufficient cause. Under Rule 2, such a request is ordinarily addressed first to the Registrar. A request to extend time should specify the deadline, the period required and the circumstances justifying the request.

Rule 6 preserves inherent judicial powers, but it does not ordinarily permit a litigant to bypass the prescribed process for review or reopen a concluded dispute merely by describing the application as one invoking inherent powers. The Supreme Court has examined these limits in Jaipur Vidyut Vitran Nigam Ltd. v. Adani Power Rajasthan Ltd. and the scope of exceptional post-disposal clarification or modification in subsequent decisions.

Order LV should be read alongside the applicable rules governing the specific proceeding, relevant orders and current Supreme Court practice directions. Whether relief is granted depends on the circumstances and the Court's discretion.

Official rules and resources

Supreme Court of India - Supreme Court Rules, 2013 and amendment notifications

Supreme Court - official practice and procedure resources

Supreme Court judgment discussing Order LV Rule 6 (23 September 2024)

Consult the official compilation and amendments for the applicable version of the Rules. The Supreme Court's official rules page also publishes amendment notifications issued in 2024 and 2025.