Registry Cannot Refuse Listing Of Case Citing Procedural Defects When There Is A Judicial Order To List: Supreme Court
Live LawThe Supreme Court on Friday held that the Registry cannot defy specific order of the Court and refuse to list a case on the ground of procedural non-compliance. The Registry refused to list the cases due to procedural non-compliance relying on Rule 2 of Order 15 of the Supreme Court Rules, 2013. The Bench emphasized that no rule under the Supreme Court Rules, 2013, prohibits listing of a case solely due to non-compliance with Rule 2 of Order 15. “We do not find any rule in the Supreme Court Rules 2013 which records that notwithstanding failure to comply with requirement of Rule 2 of Order 15 a case cannot be listed before the court. In such cases the registry cannot rely upon Rule 2 of Order 15 and refuse to list the case”, the Court observed.
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