CIVIL

Persons entitled to Appear and Plead on the Original Side of Calcutta High Court [Ch-1][CHOSR]

KHC

CHAPTER I

  1. (i) In these rules, unless the context otherwise requires, –

(a) “Acting” includes filing an appearance or any pleadings, application, affidavit, report, return, deposition or any act (other than pleading) required or authorised by law to be done by a party in the Court, any person (or by recognised agent) or by an Advocate;

(b) “Advocate” means a person who is an Advocate within the meaning of the Advocates Act, 1961;

(c) “Court” means the High Court at Calcutta in its original jurisdiction and includes a Judge sitting in Court;

(d) “Judge” means a Judge sitting in chambers;

(e) “Registrar” means the Registrar of the Court in its original jurisdiction.

(ii) The General Clauses Act, 1897 (Act X of 1897), shall apply for the interpretation of these rules.


  1. (i) Date of enrolment as an Advocate with the Bar Council, West Bengal.Every Advocate intending to act in the Court shall inForm the Registrar, in writing, of his intention for inclusion of his name in the register maintained by the Registrar. In the said information the following particulars have to be furnished:

(ii) His address in terms of rule 4 of these rules.

A register containing the names of all Advocates acting on the Original Side of this Court will be kept and maintained by the Registrar and all persons shall have free access to the same without payment of any fee.3. An Advocate whose name is on 31st December, 1976 borne on the Roll of Advocates acting on the Original Side of the Court, or an Advocate whose name is on 31st December, 1976 borne on the Roll of Barristers or Advocates or Supreme Court Advocates entitled to act and also to appear and plead, shall be deemed to be Advocate acting on the Original Side and his name shall be entered in the register referred to in rule 2 hereof.4. An Advocate shall be entitled to act on the Original Side subject to the following conditions:

(i) The office address of such an Advocate shall be a place situate within the boundaries set out below, and shall Not include any of the libraries in the Court premises or any other Court premises:

Boundaries

On the North – By Galiff Street,On the east – By Bidhan Sarani, Acharyya Prafulla Chandra Road, Acharyya Jagadish Bose Road, Park Street, Syed Amir Ali Avenue, Asutosh Chowdhury Avenue (Old Ballygunge Road) and Gariahat Road,On the south – By Rash Behari Avenue, Chetla Central Road, Raja Santosh Road,On the west – By Diamond Harbour Road, Kidderpore Road, St. George’s Gate Road, Strand Road, Sovabazar Street and Rabindra Sarani.A map showing the area included within the said boundaries is kept with the Registrar.

(ii) Any Notice, writ, summons, order or other document, required to be served on an Advocate acting on the Original Side, shall be served at such office address and shall be deemed to have been properly served if served or left at that place on his refusal to accept the service of the same.

  1. An Advocate shall Not be entitled to act in the Court unless he has filed the‘Vakalatnama’ and an Advocate shall Not be entitled to appear and plead before the Court unless he has filed the Vakalatnama or is instructed by an Advocate who has filed the same; provided that the Court may for any special reason permit any other person to appear before it in a particular cause.6. An Advocate acting on the Original Side shall, upon filing a memorandum of appearance on behalf of a party accompanied by a Vakalatnama duly executed by the party in his favour, be entitled to act as well as to plead for any party or parties in the Court in any suit, matter and proceeding including appeals and to conduct and to prosecute the same in the Court and to do all acts and thing in all proceedings in connection with the said suit, matter, proceeding and appeal and to deposit and pay money on behalf of the said party if the Court authorises the said Advocate to receive such money.7. All warrants of Attorney, filed by an Advocate acting on the Original Side in a suit, matter or proceeding pending on 1st January 1977, either in his capacity as an Advocate acting on the Original Side or Barrister or an Advocate entitled to act or as a Supreme Court Advocate shall be deemed to be Vakalatnamas filed by him under these rules and No fresh Vakalatnamas need be filed by him.8. Subject to these rules, No Advocate other than an Advocate acting on the Original Side shall be entitled to file an appearance or Vakalatnama or act for a party or parties in the Court.9. (a) Two or more Advocates acting on the Original Side, may enter into a partnership and any partner may act in the name of the partnership firm.

(b) Advocates acting on the Original Side will, however, Not be entitled to enter into a partnership with any other Advocate who is Not an Advocate acting on the Original Side.

(c) Advocates acting on the Original Side Forming a partnership will be entitled to carry on the business of the partnership firm in such name or names as they may choose to have for the said firm, provided, however, that if the partners choose to carry on the business of the firm in any name other than the names of the partners or any of them whether in their first name or in their surname, they shall obtain prior approval of the Registrar in writing to the use of such name if they intend to carry on the business of the partnership.

(d) All partnership firms of Advocates acting on the Original Side shall be registered with the Registrar. The names and addresses of the partners of such firms as well as any change in the composition of such firms shall be intimated by the Advocate acting on the Original Side concerned to the Registrar.

(e) An Advocate acting on the Original Side and carrying on his profession in a name other than in his own as a sole proprietor of a firm shall obtain prior approval of the Registrar in writing as to the use of such a name. All such firms shall be registered with the Registrar in the same way as provided in sub-rule (d) of this rule. The name and address of the proprietor of such firms as well as any change in the composition thereof shall be intimated by such Advocates to the Registrar.

(f) The names of all partners of a firm of Advocates acting on the Original Side shall be set out in all professional communication issued by the partners of the firm. An Advocate acting on the Original Side and carrying on his profession in a name other than his own shall set out in all communications his own name and shall make it clear that he as the sole proprietor of the firm is carrying on his profession in the firm name.

(g) In every case when a partner of a firm of Advocates acting on the Original Side signs any document or writing on behalf of the firm or when a sole proprietor of a firm signs a document or writing on behalf of the firm, he shall do it in the name of the firm and shall authenticate the same by affixing his own signature as a partner or as the proprietor, as the case may be.

  1. No person having an Advocate acting on the Original Side shall fileVakalatnama authorising another Advocate acting on the Original Side to act for him in the same case save with the consent of the Former Advocate acting as aforesaid or by leave of the Judge in chamber unless the Former Advocate acting on the Original Side is dead or is unable to act by reason of infirmity of mind or body.11. When a party changes his Advocate acting on the Original Side, the new Advocate acting on the Original Side shall forthwith serve Notice of such change to all other parties to the suit or proceedings.12. No Advocate acting on the Original Side shall without leave of the Court withdraw from the conduct of any case by reason only of the Non-payment of his fees by his client.13. No person having an Advocate acting on the Original Side shall be heard in person save by special leave of the Court.14. No Advocate acting on the Original Side shall authorise any person except another Advocate acting on the Original Side to act for him in any case.15. When an Advocate acting on the Original Side is suspended or his name is removed from the Roll of the State Bar Council, he shall immediately cease to act as an Advocate on the Original Side and an entry to that effect shall be made in the register maintained by the Registrar.16. In case of an Advocate or a firm of Advocates acting on the Original Side ceasing to fulfil the conditions laid down in rule 4 or in other rules in this Chapter, a Notice shall be issued by the Registrar to such an Advocate or such firm of Advocates requiring him or it to show cause before the Judge in chamber on a date to be fixed, as to why he should Not be debarred from acting in the Original Side.If the Judge makes an order debarring an Advocate or the firm of Advocates from acting on the Original Side as aforesaid, the name of such an Advocate or the firm of Advocates acting on the Original Side shall be deleted from the register by the Registrar and the said Advocate or the firm of Advocates shall thereafter cease to be entitled to act on the Original Side.17. Every Advocate acting on the Original Side shall Notify to the Registrar the change of his office address which shall be entered in the register maintained by the Registrar.18. Any Advocate acting on the Original Side holding any money or securities prior to 1st January 1977, under any order or orders of the Court without lien and subject to further orders of the Court shall be deemed to be holding the same on or after 1st January 1977, as Receiver without remuneration and without security. In the event of any such money being held by any firm of Advocates acting on the Original Side, all the partners of the said firm shall be deemed to be holding the said amount as Joint Receivers without security and without remuneration. Filing of the accounts by the said Receivers in respect of such sums is exempted.19. The rules contained in Chapter VONI of the Original Side Rules of the Court shall continue to be applicable for taxation of costs in all suits, matters, appeals or other proceedings pending in Court on 31st December 1976 and also for taxation of costs awarded or payable under an Warrant of Attorney in all suits, matters, appeals or other proceedings before 1st January 1977 and such costs after taxation would be recoverable in the same manner as provided in Chapter XXXVIII, rules 48 to 52.