Supreme Court Rules, 2013 | Part II - Appellate Jurisdiction
Order XVI - Hearing of Appeals in the Supreme Court
Order XVI governs who may address the Court at an appeal hearing, the grounds that may be argued, how a reserved judgment is notified, and when an appeal may be restored or reheard.
Legal framework and important terms
The Supreme Court Rules, 2013, made under Article 145 of the Constitution of India, regulate Supreme Court practice and procedure, subject to the Constitution and applicable laws. Article 136 gives the Supreme Court discretionary power to grant special leave to appeal; Articles 132 to 134A concern specified appellate routes and certificates. The rules below address the hearing of appeals once proceedings are before the Court.
Statement of the case means the party's filed statement setting out the grounds relied upon. Reserved judgment means the Court has completed hearing but will pronounce its decision later. Dismissal for default concerns non-appearance; ex parte hearing concerns a hearing in the absence of a party.
Complete text of Order XVI - Rules 1 to 4
Rule 1
At the hearing of an appeal not more than one advocate
Rule 2
No party shall, without the leave of the Court, rely at
Rule 3
Where the Court, after hearing an appeal, decides to
Rule 4
(1) An appellant whose appeal has been dismissed for
(2) Where an appeal is heard ex-parte and Judgment is pronounced against the respondent, he may apply to the Court to re-hear the appeal, and if he satisfies the Court that the appeal was set down ex-parte against him without notice to him or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing the Court may re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.
How these provisions operate
Rule 1 - Oral submissions: Ordinarily only one advocate argues for the appellant or appellants, and one for each respondent or set of respondents. The Court may direct otherwise.
Rule 2 - Scope of argument: Grounds not included in a party's filed statement of the case cannot be relied upon at the hearing without the Court's leave.
Rule 3 - Reserved decisions: Where judgment is reserved, the Registrar notifies the date of pronouncement in the daily cause list.
Rule 4 - Absence at hearing: Sub-rule (1) permits a restoration petition within 30 days of dismissal for non-appearance, with notice to a respondent who has appeared. Sub-rule (2) permits a respondent against whom an appeal was decided ex parte to seek rehearing on the grounds stated in the rule. The Court may impose conditions, including costs.