Interim Order 2

Order Details: Order below exhibit
Pdf Text: ORDER ..1..
MHCC010026052019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ORDER BELOW EXH. 7
IN
SUIT NO.591 OF 2019
Vijayraj Chettiar. ...Plaintiff.
Vs.
Niyam Bhasin & Anr., … Defendants.
Appearance:
Adv. J. M. Shah i/b Adv. Waquar Ahmed for plaintiff.
Adv. Pratip Pai for defendant no.2.
Adv. J. M. Shah i/b Adv. Waquar Ahmed for plaintiff.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 1st April, 2023.
ORAL ORDER
This application is filed on behalf of defendant no.1 seeking
direction for filing vakalatnama by the advocate who is appearing in the
suit. The defendant no.1 also filed notes of arguments. The application
Exh.7 is opposed on behalf of plaintiff by filing reply. Perused
application, reply and heard both the parties. The defendant no.1 party
in person has objected appearance of advocate Shah on the ground that
he is not having authority to appear and argue notice of motion on
behalf of plaintiff. He further pointed out that advocate on record never
remain present before the Court. The defendant no.1 party in person
made reference to the advocate acts the rules framed the Bar Counsel of
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ORDER ..2..
India and tried to demonstrate that Adv. Shah cannot appear and
conduct the suit on behalf of plaintiff. On the other hand, the learned
advocate appearing for plaintiff would submit that application Exh.7 is
without merit. He requested for dismissal of application. The learned
advocate also relied on the case of Jayant Madhav Chitale vs. Garware
Wall Ropes Ltd. And others. reported in 1997(1) Mh.L.J. 261 wherein it
is observed in para no.7 as under :-
7. The relevant provision for the present purpose is sub-rule (5) of Rule
4 of Order III. According to it no pleader who has been engaged for the
purpose of pleading only is permitted to plead on behalf of any party
unless he has filed in Court a memo of appearance signed by him and
stating the names of the parties to the suit, the name of the party for
whom he appears, and the name of the person by whom he is
authorized to appear. The proviso to this provision carves out an
exception. If a party appoints a pleader to act on his behalf in the Court
and such duly appointed pleader engages another pleader to plead on
behalf of that party then another pleader is not required to file memo
of appearance as contemplated in the main provision of sub-rule (4) of
Rule 5 of Order III. In other words, whenever a pleader who has been
duly appointed to act in Court on behalf of a party engages any other
pleader to plead on behalf of such party, such other pleader is not
required to file memo of appearance. The Court in such circumstances
cannot insist the other pleader to file memo of appearance. (An
authority given by advocate who is duly appointed by a party to act
and plead on his behalf to another advocate to plead on behalf of such
party does not need memo of appearance to be filed by another
advocate. It was expected of the trial Court to have kept the said
provision in mind.
2. On perusal of the Judgment of Hon’ble High Court it is
settled that there is no bar to pleader duly authorize by party
under a vakalatnama to engage any pleader to plead the case on
his or her behalf. There is evidence on record to suggest that
advocate Shah is engaged to conduct the suit by advocate on
record. There is no merit in the application Exh.7. Hence deserves
to be rejected. In the result following order is passed.
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ORDER ..3..
ORDER.
Application Exh.7 stands rejected with no order as to costs.
(R.R. Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 01.04.2023
Typed on : 01.04.2023
HHJ signed on : 01.04.2023
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ORDER ..4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 01.04.2023, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R. Patare.
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
01.04.2023
JUDGMENT/ORDER signed by P.O.
on
01.04.2023
JUDGMENT/ORDER uploaded on 01.04.2023
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