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CHAPTER V: SCRUTINY - Daksh
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CHAPTER V: SCRUTINY

 

53. Mode of Scrutiny:
All pleadings will be scrutinised only digitally by the authorised Scrutiny Officers or authorised technological tools.
54. Timelines: The period within which pleadings have to be scrutinised shall be prescribed based on the urgency of the case as stated by the Advocate in accordance with the Practice Directions.
54. Guidelines:
(1) The Scrutiny Officer or authorised technological tool shall examine the pleadings to ensure that the pleadings are presented within the time prescribed by law, that the pleadings are in the format prescribed, that the enclosures required by law or by these Rules have been furnished, and that the pleadings comply in all respects with the provisions of law and the Rules applicable to them.
(2) The Scrutiny Officers or authorised technological tools shall scrutinise pleadings based exclusively on the checkslips prescribed by the Court.
(3) The Scrutiny Officers or authorised technological tools shall record in writing the defects that have been found in a filing as per the checkslips.
(4) The defects found shall be digitally communicated to the concerned Advocate or party-in-person.
(5) The final decision regarding any dispute amongst the Advocates or parties in person and the Scrutiny Officers or authorised technological tools on any defect, shall lie with the Registrar. Provided that the dispute will not affect the listing of the case unless the essential enclosures have not been filed.
(6) Once the defects have been notified to the concerned Advocate or party-in-person, no new defects shall be pointed out.
(7) If the concerned Advocate does not resubmit the rectified pleadings within the prescribed period, the concerned Registrar shall order the case to be dismissed.
(8) The Registrar shall have the power to extend the time for compliance of requisitions or rectification of defects by a maximum period of __ days, from the date on which the matter is first placed before them.
56. Maintainability: Any question regarding the maintainability of the case shall be decided only by the Bench.
57. Dispensation of objections: The party-in-person or the Advocate shall have the right to move the Court for dispensation or waiver of the notified objections on the pleadings.
55. Case number:
When all notified objections have been corrected, and all the pleadings, affidavits and annexures thereto are found to be in order, the case shall be given a case number. Once the case number has been given, the case shall be listed for admission.

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