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FILLING PROCEDURE |
| See Hindi version - Procedure for Filing Applications
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PROCEDURE FOR FILING APPLICATIONS
(1) An application to the Tribunal shall be presented by the applicant in person
or by an agent or by a duly authorised lawyer to the Registrar or any other
officer authorised in writing by the Registrar to receive the same.
(2) The application under sub rule (i) shall be presented in triplicate in a
paper book form.
(3) The Tribunal may permit more than one person to join together and file a
single application in case cause of action and the nature of relief prayed for
is same or that they have a common interest in the matter.
SCRUTINY OF APPLICATION
(1) The Registrar or the officer authorised by him under Sub Rule (i) of Rule 4,
shall enter on every application the date on which it is presented or deemed to
have been presented under that Rule and shall sign the entry.
(2) If, on Scrutiny, the application is found to be in order, it shall be duly
registered and given a serial number.
(3) If the application, on scrutiny, is found to be defective and the defect
noticed is formal in nature, the Registrar may allow the concerning party to
rectify the same and if the defect is not formal in nature, the Registrar may
allow the applicant such time to rectify the defect, as he may deem necessary.
(4) If the applicant fails to rectify the defect within the time allowed under
Sub Rule (3), the Registrar may, by order and for reasons to be recorded in
writing, decline to register the application and inform the applicant
accordingly.
(5) An appeal against the order passed under sub Rule (iv) may be preferred by
the person aggrieved within thirty days from the date of such order, to the
chairman and such appeal may be dealt with and disposed of by the Chairman or in
his absence any member authorised by the chairman by special or general order,
whose decision thereon shall be final.
(6) Cases received on transfer from the High Court of Judicature at Patna or the
State Government in accordance with the provisions of section 15 of the Act
shall also be given fresh serial numbers.
PLACE OF FILING APPLICATION
The application shall ordinarily be filed by or on behalf of the applicant with
the Registrar of the Tribunal.
CONTENTS OF APPLICATION
(1) Every application files under Rule 3 shall set forth concisely the facts and
the grounds for the relief prayed for in the application. Such grounds shall be
numbered consecutively.
(2) Every application shall be typed in double space on one side on thick paper
of good quality.
(3) It shall not be necessary to present a separate application to seek an
interim order or direction if in original application, the same is prayed for.
(4) An applicant may, subsequent to filing of an application apply, for an
interim order or direction. Such application shall, as far as possible, be in
the prescribed form.
(5) the following documents shall accompany the application-
A.
(i) An attested true copy of the order, against which the application is filed.
(ii) Copies of the documents relied upon by the applicant and referred to in the
application.
(iii) An index of the documents.
B. The documents referred to in sub-rule(5) (A) shall be attested by a legal
practitioner or by a Gazetted Officer and each document shall be marked serially
as Annexures.
C. Where an application is filed by an agen, documents authorising hime to act
as such agent shall also be appended to the application; Provided that where an
application is filed by a legal practitioner, it shall be accompanied by a duly
executed “Vakalatnama”.
6. The pleadings shall be verified in the same manner as provided for in Order
VI Fule 15 of the Code of Civil Procedure, 1908.
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