The Gujarat Pleaders Act, 1920

1. (1) This Act may be called the 1A[Gujarat] Pleaders Act, 1920. (2) It extends to the whole of the Presidency of Bombay 2* * 3* *

2. In this Act, unless there is anything repugnant in the subject or context,- (1) “ the High Court” means the Judicature at Bombay; (2) “ court subordinate to the High Court” means any court, tribunal, or person whose decree, order, decision or award is, or may hereafter be, subject to the appellate or revisional jurisdiction of the High Court; (3) “pleader” means a pleader admitted under this or any previous Act, and includes an attorney of the High Court appearing, pleading or acting for a client, elsewhere than in 4[the Greater Bombay], but nothing in sections 3,4,5,6,11,12, 13, 24, 25,27or 30, shall apply to an attorney of the High Court; (4) “district” means the local limits of the jurisdiction of a principal civil court of original jurisdiction other than the High Court; (5) “the Letters Patent” means the Amended Letters Patent of the high Court of Judicature for the Presidency of Bombay, dated the 28th December 1865 subject to any amendments thereto and alterations therein made or herein after to be made pursuant to clause 44 thereof or section 106 (1A) of the Government of India Act; (6) “prescribed” means prescribed by rules made under this Act.

3. Pleaders admitted by the High Court under this Act shall be of two classes, namely, vakils of the High Court and district pleaders.

4. (1) The High Court shall issue to every pleader on his admission a sanad in form A or form B in Schedule II, as the case may be, or in such other form as the High Court may prescribe. (2) In the case of the sanad of a district pleader, the name of the district 1[or districts] for which the sanad is available shall be specified therein.

5. (1) No district pleader shall hold a sanad in respect of more than one district at the same time: 2[Provided that when a district for which a sanad is to be issued comprises any area which for the purposes of administration of revenue or criminal justice or both is also included in any other district the sanad may be held in respect of both such districts.] (2) On the application of a district pleader holding a sanad which is available for any district the High Court may from time to time, by endorsement on such sanad, render the same available for any other district. (3) A pleader holding a sanad din respect of any district may appear, plead and act for a client in any particular civil proceeding in a Court of any other district with the previous written authority of the District Judge in such other district.

6. (1) Any person who is duty qualified and is of good moral character and is not in Government service shall be entitled to be admitted as a pleader. (2) The number of pleaders shall not be limited. (3) If a pleader after obtaining a sanad accepts Government service, he shall not be entitled to practice whilst in service, even if he be on leave.

7. (1) Subject to the provisions of any law for the time being in force and with respect to right of vakils of the High Court to practice in the High Court , subject to any rules for the time being in force under clause 10 of the Letters Patent, a vakil of the High Court shall be entitled to practice- (a) in the High Court; (b) in any court subordinate to the High Court (c) before the tribunal of appeal constituted under the 1[City of Bombay Improvement Act, 1898; (d) in or before any other court, tribunal or person in or before which or whom vakils of the High Court are or may hereafter be entitled by law to practice ; (e) before any public officers in any of the following proceedings:- an investigation held in accordance with the first paragraph of section 73 and on appeal under section 77 of the Bombay Hereditary Offices Act; proceedings under section 87 of the Bombay Land Revenue Code, 1879; proceedings before a Tribunal of Arbitration under the Bombay Town Planning Act, 1915; such proceedings under any enactment in force in the Bombay Presidency as the 2[Provincial Government], by notification in the 3[Official Gazette] may specify. (2) The provisions of sub-section (1) shall apply, mutatis mutandis, to attorneys of the High Court.

8. Subject to the provisions of any law for the time being in force, district pleader shall, within the district 4[ or district ] in respect of which he holds a sanad, be entitled to practice— (a) in such civil court or courts as the District Judge may from time to time assign to him; (b) in any criminal Court; (c) in or before any other court, tribunal or person in or before which or whom district pleaders are or may hereafter be entitled by law to practice; and (d) before any public officer in any of the following proceedings:— an investigation held in accordance with the first paragraph of section 73 and an appeal under section 77 of the Bombay Hereditary Offices Act; proceedings under section 87 of the Bombay Land Revenue Code, 1879; proceedings before a Tribunal of arbitration under the Bombay Town Planning Act, 1915; such proceedings under any enactment in force in the Bombay Presidency as the [Provincial Government] by notification in the 2[Official Gazette], may specify.

9. No person shall appear, plead or act for any party in any civil proceeding in any court unless he is a pleader as defined in this Act and is entitled and duly empowered to appear, plead and act for such party in such proceeding: Provided that nothing in this section shall apply— (a) to any party appearing, pleading or acting on his own behalf, or appearing or acting by his recognized agent as defined in rule 2, Order III of the Code of Civil Proceeding 1908, or (b) to any advocate of the High Court.

10. [Cases in which vakalatnama is required] Repealed by Act 22 of 1926, 3

11. (1) A party engaging a pleader shall pay him a retaining fee of an amount not less than one rupee. (2) Where a party fails so to do, the pleader shall demand such fee and shall not perform any services for such party until the fee has been paid. (3) Every pleader receiving such fee3[shall, at the time when such fee is received by him, give] a receipt in writing for the same specifying the date of receipt.

12. No pleader after accepting a retaining fee shall without the permission of the Court— (a) appear, plead or act, or agree so to do, on behalf of any other party whose interest in the case is adverse to that of his client, or (b) refuse or omit to appear, plead or act for his client.

13. Every pleader receiving a document of any kind from his client shall— (a) on demand give a receipt in writing for such document at the time when he receives it, and (b) subject to the provisions of section 30 return such document if his client requires the same and gives a receipt in writing therefore.

14. (1) A pleader shall be bound to attend in court on any day which, by notice duly given or in accordance with the practice of the court, is fixed for the hearing of a proceeding in which he is employed. (2) Where a pleader employed in ant such proceeding is, from indisposition or any other reasonable cause, unable to attend on such day or at the time when the proceeding is called on, he shall notify the same to the court and thereupon the proceeding shall be stayed for such time as the court may deem reasonable: Provided that in proceeding in which a party is represented by more than one pleader and one of such pleaders is present the court may proceed therewith. (3) In any proceeding in which a pleader ceases, temporarily or permanently to act for his client, because he has accepted Government service, or has been permitted to withdraw from the proceeding, or has been suspended or dismissed, or has died, or for any other reason, the proceeding shall be stayed for such time as the court may deem reasonable.

15. No pleader shall tender, give, retain or consent to retain any gratification for procuring or having procured the employment of himself or any other pleader in any legal business.

16. No pleader shall- (a) take instruction in any proceeding except from the party on whose behalf he is retained or from some person who is within the meaning of the Code of Civil Procedure, 1908, the recognized agent of such party, or from some person authorized by such party to give such instruction, or (b) accept any employment in any legal business through a person who has been proclaimed as a tout.

17. [Fee may be settled by private agreement] Repealed by Act 21 of 1926, s. 6.

18. (1) Where costs are awarded to a party in any proceeding, the amount of the pleaders’ fee to be taxed in the bill of costs as recoverable by such party, if represented by a pleader, from his adversary, shall be computed in accordance with the rules in Schedule III unless such fee has been settled under the provisions of section 1[3 of the Legal Practitioners (Fees) Act, 1926] for a lesser amount in which case no more than such lesser amount shall be recoverable. (2) Nothing contained in sub-section (1) of this section or in section 20 shall apply to fees payable to pleaders in the Court of Small Causes of Bombay.

19. [Amount payable by client to pleader.] Repealed by Act 21 of 1926, s.6.

20. (1) Where a party has, before the first hearing of a proceeding, engaged more than one pleader, the fees of two pleaders may be taxed in the bill of costs in the following cases:- (a) in any original suit, of which the amount or value of the subject-matter exceeds Rs. 2[10,000], in any court subordinate to the High Court; (b) in any contested proceeding under the 2Indian Succession Act, 1865, the 3Probate and Administration Act, 1881, or the 4Land Acquisition Act, 1894, of which the amount or value of the subject-matter exceeds [Rs. 10,000, in any court subordinate to the High Court; (c) in any appeal to the High Court, from a decree deciding on the merits any suit or any contested proceeding of the kind referred to in clause (a) or clause (b); (d) in any suit of which the amount or value of the subject-matter 1[is Rs.10,000 or less] where the court certifies by order in writing that the fees of two pleaders may be taxed; Provided that nothing in this section shall affect suits or appeals by paupers, or suits or appeals governed by the Dekkhan Agriculturists Relief Act, 1879. (2) Except in the cases specified in this section, a party employing more than one pleader shall not be entitled to recover from his adversary more than one set of pleader’s fees.

21. Where in any proceeding there are several parties having the same interest or putting forward the same defence they shall not, if awarded costs, be allowed more than one set of pleaders’ fees on party and party taxation unless the Court otherwise directs.

22. In any civil appeal or application to the High Court from the decree or order of a court, subordinate to the High Court, if costs between party and party are awarded by the High Court, such costs shall be taxed by an officer of the High Court and included in the bill of costs attached to the decree or order of that Court in the prescribed manner.

23. In any court subordinate to the High Court situate elsewhere than in 2[the Greater Bombay], the amount of the pleader’s fee to be taxed in the bill of costs attached to the decree or order of that Court shall not be in excess of the amount computed in accordance with the rules in Schedule III; Provided that nothing in this section shall apply to bills of costs framed under the provisions of the 3Indian Companies Act, 1913.

24. The High Court may suspected or remove from practice a pleader who has been convicted by any criminal court in *4India of a criminal offence implying a defect in his character which in the opinion of the High Court renders him unfit to be pleader.

25. On the application of the Government Pleader in the High Court, or on a report from a District Court of Session, or from the Chief Judge of the Court of Small Causes of Bombay, or from the Chief Presidency Magistrate for Bombay, or otherwise, the High Court may suspend or remove from practice, or may fine or reprimand, a pleader on reasonable cause.

26. Wherein appears to a District Court or Court of Session or to the Chief Judge of the Court of Small Causes of Bombay, or to the Chief Presidency Magistrate for Bombay, that a pleader has been guilty of neglect of duty or of a violation of any of the provisions of this Act or of any other improper conduct, such court may hold an inquiry regarding such conduct and report the result of such inquiry to the High Court.

27. (1) Where any case under section 24, section 25 or section 26 is heard by the High Court Advocate General or such counsel or pleader as may appear for the Crown shall argue the case against the pleader against whom the allegation is made, and such pleader may appear in person or by counsel or pleader. (2) In any such case the High Court may make such order as to costs as it thinks fit.

28. [Legal proceedings against pleaders not affected.] Repealed by Act 21 of 1926, s. 6.

29. A pleader whose bill of cost has been taxed may apply to the Court by which or by whose officer the same has been taxed, for an order against his client for the sum allowed on taxation or such sum as may remain due. The Court may make such order or may refer the pleader to a suit. Any such order may be executed under order 21 of the Code of Civil Procedure, 1908, as a decree for money.

30. In every matter in which costs are due to a pleader by his client which have been or are capable of being taxed the pleader shall as against his client be entitled to a lien for the amount of such costs, as taxed, upon- (a) all documents come into his possession in the course of his engagement in connection with such matter, and for which he has given a receipt in accordance with the provisions of section 13 (a) and (b) all movable property recovered or preserved by his exertions in such matter.

31. (1) The High Court may make rules consistent with the provisions of this Act- (a) prescribing the qualifications and mode of admission of pleaders and the fees payable for admission; (b) prescribing the fees payable in respect of examinations (if any) held for the office of pleader; (c) regulating, and providing for the recognition of, bar associations and for granting sanction to the rules of such associations; (d) requiring that a pleader shall be a member of, and submit to the rules of, a bar association; (e) requiring that a pleader shall be a member of, and subscribe to, the law library attached to the principal Court in which he practices; (f) providing for the taxation of costs between party and party; (g) providing for the allowance and taxation of costs between pleader and client whether in litigious or non-litigious business; (h) prescribing, in lieu of the forms in Schedule II, the form of sanad to be given to pleaders and the form of vakalatnamas; (i) prescribing, in lieu of or in addition to the rules in Schedule III, the manner in which the pleader’s fee shall be computed, and the amount of the pleader’s fee, and determining the amount or value of the subject matter in particular classes of cases or in cases generally, for the purpose of calculating the pleader’s fee; (j) prescribing the manner in which costs in appeals or applications to the High Court from decrees or orders of courts subordinate to the High Court shall be taxed, in cases where costs between party and party are awarded by the High Court; (k) fixing the scale of costs which may be awarded in cases under sub-section (2) of section 27; (l) generally, to give effect to such provisions of this Act as may require to be provided for by rules. (2) Where the High Court prescribes any forms in lieu of the forms in Schedule II, or makes any new rules in lieu of or in addition to the rules in Schedule III, such new forms or rules respectively shall on or in addition to the forms or rules now therein enacted. (3) All rules made under this Act shall be published in the 1[Official Gazette] and shall thereupon have effect as if enacted in this Act.

32. Nothing in this Act shall be deemed to limit or otherwise affect the power conferred upon the High Court by sections 106 and 107 of the Government of India Act, 1915, or by clauses 9 and 10 of the Letters Patent or by any law for the time being in force.

33. Nothing in this Act regarding the appointment, appearance or remuneration of pleaders or the taxation of costs shall apply in respect of any proceedings pending in any court at the commencement of this Act, and all such proceedings, until their final disposal by the court in which they are pending, shall be governed, in respect of such matters, by the laws and rules in force immediately before the commencement of this Act.

34. The enactments mentioned in Schedule I are hereby repealed to the extent specified in the third column thereof.