Civil Manual 570 — Petition Writers

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

The following rules have been framed by the High Court under section 41-A of the Bombay Civil Courts Act, (Act XIV of 1869):—

(i) The Judge of each district may from time to time by notification duly published in the Bombay Government Gazette, direct that from such date as he may prescribe these rules shall be in force in all or any of the Civil Courts of the district (other than Mamlatdars' Courts) and may like notification suspend their operation in any such Court.

(ii) When the rules are in force in any Court, no person other than a duly qualified lawyer or his clerk shall be permitted to prepare or write pleadings, applications, affidavits, or any other legal documents within the precincts of such Court unless he shall first have obtained from the presiding Judge a petition-writer's licence, which, if issued in any Subordinate Court or Small Cause Court, shall be subject to confirmation by the District Judge. Any one breaking this rule shall be liable to a fine not exceeding Rs. 50 which may be inflicted by the presiding Judge with an appeal to the District Judge if he has not himself inflicted the penalty.

(iii) The District Judge shall in consultation with the presiding Judge fix the maximum number of petition-writers to be licensed in each Court.

(iv) No such licence shall be granted to any clerk, bailiff or peon in the service of Government or to the clerk of any lawyer practising in the district.

(v) Every applicant for a licence shall produce a certificate of good character signed by two lawyers of the Court or other reputable and responsible gentlemen known to the presiding Judge.

(vi) Subject to the provisions of rule (iii) the presiding Judge may in his discretion issue to selected applicants licences in the form given below which shall remain in force till suspended or cancelled by competent authority. Temporary licences may be issued to fill temporary vacancies.

(vii) Every licensed petition-writer shall attend the Court during office hours and shall not absent himself without leave. He shall charge such fees only as may be sanctioned by the presiding Judge not exceeding the scale hereto annexed. He shall subscribe his name on every document written by him and shall note thereon. the date and the fee charged. He shall keep a register in the following form and shall show it to the presiding Judge when required:—

(viii) No licensed petition-writer shall act as a law tout or receive any fee for introducing clients to lawyers.

(ix) No licensed petition-writer shall directly or indirectly bid for any property sold at a Court-sale.

(x) The District Judge or presiding Judge may, by written order, fine, suspend or dismiss any petition-writer guilty of misconduct. No such fine shall exceed Rs. 25. All punishments, excepting fines not exceeding Rs. 2, inflicted by the presiding Judge of any Court subordinate to the District Court shall be subject to appeal to the District Judge.

(xi) For the purpose of these rules an Assistant Judge shall have all the powers of a District Judge.

(xii) A copy of these rules shall be hung up in a conspicuous place in each Court in which they are in force.

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