ORDER 27-A, RULE 1-4

ORDER XXVIIA:::::SUITS INVOLVING ANY SUBSTANTIAL QUESTION AS TO THE INTERPRETATION OF CONSTITUTIONAL LAW

Rule 1. Notice to the Advocate General.

In any suit in which it appears to the Court that  [ any substantial question as to the interpretation of constitutional law] is involved, the Court shall not proceed to determine that question until after notice has been given to the [Attorney General for Pakistan] if the question of law concerns the  [Federal Government] and to the Advocate-General of the Province if the question of law concerns a Provincial Government.

Rule 2. Court may add Government as party.

The Court may at any stage of the proceedings order that the  [Federal Government] or a Provincial Government shall be added as a defendant in any suit involving  [any substantial question as to the interpretation of constitutional law] if the  [Attorney General for Pakistan] or the Advocate General of the Province as the case may be, whether upon receipt of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question of law involved.

Rule 3. Costs when Government added as party. Where under rule 2 Government is added as a defendant in a suit,  [the Attorney General,] the Advocate-General or the Government shall not be entitled to or liable for costs in the Court which ordered the addition unless the Court having regard to all the circumstances of the case for any special reason otherwise orders.

Rule 4. Application of Order to appeals.

In the application of this Order to appeals the word “defendant” shall be held to include a respondent and the word “suit” an appeal.].