Order 57 — Appeals to the High Court From Decisions of Auditors

This Order shall apply to any appeal to the Court from a decision of an Auditor made under the provisions of any written law, which confers the right to appeal to the High Court against any such decision.

An appeal to the Court from a decision of an Auditor shall be by notice of motion.

The evidence upon the hearing of the appeal shall be by affidavit, except in so far as the Court, at the hearing of the appeal, may direct oral evidence to be given.

The notice of motion shall be served, before the expiration of six weeks after the date of the decision to which it relates, upon the Auditor in charge of the audit in respect of which the decision has been made and also upon the local government or other body in relation to whose accounts or to the accounts of whose officer the decision was given, if that local government or other body is not the Appellant.

The notice of motion shall state the grounds of appeal, and the date mentioned in the notice for the hearing of the appeal shall not be less than 28 days after the service of the notice.

(1) The Appellant shall, within 7 days after service on the Auditor of the notice of motion, file with the Registrar a copy of such notice and an affidavit or affidavits setting out the reasons stated by the Auditor for the Auditor’s decision, and the facts upon which the Appellant intends to rely at the hearing of the appeal and thereupon the motion shall be set down for hearing.

(2) If the notice of motion is not set down in accordance with this provision, either the local government or other body or the Auditor may apply to the Court, upon notice to the Appellant, for an order striking out the notice of motion and for the costs of the application.

The Appellant shall deliver forthwith to the local government or other body and to the Auditor a copy of any affidavit filed under Rule 6 of this Order in support of the motion and any person intending to oppose the motion shall, within 4 days before the hearing of the appeal, deliver to the Appellant a copy of any affidavit intended to be filed in opposition to the motion.

Where under Rule 4 of this Order, the notice of motion is served on an Auditor other than the Auditor who gave the decision, the Auditor served with the notice of motion may appear in opposition thereto in all respects as the Auditor by whom the decision was given, and these provisions shall apply accordingly.