Order 53, rule 1 of Civil Procedure Rules : Applications for mandamus, prohibition and certiorari to be made only with leave
(1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefor has been granted in accordance with this rule.
(2) An application for such leave as aforesaid shall be made ex parte to a judge in chambers, and shall be accompanied by a statement setting out the name and description of the applicant, the relief sought, and the grounds on which it is sought, and by affidavits verifying the facts relied on.
(3) The judge may, in granting leave, impose such terms as to costs and as to giving security as he thinks fit including cash deposit, bank guarantee or insurance bond from a reputable institution.
(4) The grant of leave under this rule to apply for an order of prohibition or an order of certiorari shall, if the judge so directs, operate as a stay of the proceedings in question until the determination of the application, or until the judge orders otherwise:
Provided that where the circumstances so require, the judge may direct that the application be served for hearing inter partes before grant of leave. Provided further that where the circumstances so require the judge may direct that the question of leave and whether grant of leave shall operate as stay may be heard and determined separately within seven days.
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- Order 53, rule 2 - Time for applying for certiorari in certain cases
Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of its being quashed, unless the application for...
- Order 53, rule 3 - Application to be by notice of motion
(1) When leave has been granted to apply for an order of mandamus, prohibition or certiorari, the application shall be made within twenty-one days by notice of motion to the High Court, and there...
- Order 53, rule 4 - Statements and affidavits
(1) Copies of the statement accompanying the application for leave shall be served with the notice of motion, and copies of any affidavits accompanying the application for leave shall be supplied on...
- Order 53, rule 5 - Applicant to have right to begin
On the hearing of any such motion as aforesaid, the applicant shall have the right to begin.
- Order 53, rule 6 - Right to be heard in opposition
On the hearing of any such motion as aforesaid, any person who desires to be heard in opposition to the motion and appears to the High Court to be a proper person to be heard shall be heard,...
- Order 53, rule 7 - Provisions as to orders of certiorari for the purpose of quashing proceedings
(1) In the case of an application for an order of certiorari to remove any proceedings for the purpose of their being quashed, the applicant shall not question the validity of any order, warrant,...
- Order 54, rule 1 - Revocation of Civil Procedure Rules. Sub. leg.
The Civil Procedure Rules are revoked.
- Order 54, rule 2 - Transitional provisions
In all proceedings pending whether preparatory or incidental to, or consequential upon any proceedings in court at the time of the coming into force of these rules, the provisions of these rules shall...