Supreme Court Rules 2013 – refusal to register petition by the Registrar

[Adv Mohammad Akhter Hussain]

Order XV , Rule 5. The Registrar may refuse to receive a petition on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matter but the petitioner may within fifteen days ofthe making ofsuch order, appeal by way of motion, from such refusal to the Court.
Respected Sir,
Whether the appeal by way of motion be filed against the refusal order of registrar or against the entire petition itself?

[Dr. Ashok Dhamija]

Such appeal by way of motion will have to be filed against the order of the Registrar refusing to receive the petition. You may have to show as to how the grounds mentioned by the Registrar for refusing to receive the petition are not correct. So, you may have to show how the petition is not frivolous, or how it does not contain any scandalous matter, or how it discloses reasonable cause, etc., depending on the ground on which the Registrar has refused to receive the petition.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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