HIGH COURT OF MADHYA PRADESH (CONDITIONS OF PRACTICE) RULES, 2012

 

PREAMBLE

In exercise of the powers conferred by Section 34(1) of the Advocates Act, 1961 (Act No. 25 of 1961), the High Court of Madhya Pradesh hereby makes following Rules laying down the conditions subject to which an advocate shall be permitted to practice in the High Court and the Courts sub-ordinate thereto.

Rule - 1. Nomenclature.

These rules shall be called "The High Court of Madhya Pradesh (Conditions of Practice) Rules, 2012".

Rule - 2. Commencement

These Rules shall come into force on the date on which they are published in the Official Gazette.

Rule - 3. Definitions.

In these rules unless there is anything repugnant in the subject or context:

(1)     "Advocate" shall include a partnership or a firm of advocates.

(2)     Other words and phrases shall respectively carry the same meaning as assigned to them under the Advocates Act, 1961, the Code of Civil Procedure, 1908 or the High Court of Madhya Pradesh Rules, 2008.

Rule - 4. Vakalatnama or Memorandum of Appearance.

Save as otherwise provided for in any law for the time being in force, no advocate shall be entitled to appear, act or plead for any person in any Court in a:

(1)     civil case, unless the advocate files an appointment in writing in either form I-A or I-B appended to these Rules, called Vakalatnama, signed by such person, his recognized agent or by some other person, duly authorized by or under a power of attorney to make such appointment and signed by the advocate, signifying acceptance thereof; except with the leave of the Court granted on an application made for the purpose along with a memorandum of appearance, or

(2)     criminal case, unless the advocate files a vakalatnama or memorandum of appearance in the form prescribed by the High Court (Form No. 2 of the Appendix to the High Court of Madhya Pradesh Rules, 2008):

Provided that notwithstanding anything in clauses (1) above, an advocate appointed for representing the Central Government or the Government of Madhya Pradesh may appear, act and plead on the strength of a memorandum of appearance in form No. 2 of the High Court of Madhya Pradesh Rules, 2008, signed by himself:

Provided that where an advocate has already filed a Vakalatnama in a case and a party or the advocate engages another advocate to appear in that case merely for the purposes of pleading, it shall be sufficient for such advocate to file a memorandum of appearance. However, such advocate may make a prayer of adjournment even without filing a memorandum of appearance:

Provided further that an advocate can act, appear and plead on behalf of a party in all such matters, as are mentioned in clause (3) of rule 4 of order III of the Code of Civil Procedure, 1908 (Madhya Pradesh amendment dated 18-10-1968) provided that he had filed vakalatnama for such party in the proceeding out of which such matter has arisen. However, in such a case, he shall file a memo of appearance in Form No. 1 of the Appendix to the High Court of Madhya Pradesh Rules, 2008, expressing that he had filed vakalatnama at any stage of the case:

Provided further that nothing herein contained shall apply to an advocate who has been requested by the court to assist the court as amicus curie in any case or proceeding:

Provided further that where an advocate has been appointed by the High Court Legal Services Committee or District Legal Services Authority to defend an accused person in a criminal case and the accused desires to replace him with an advocate of his own choice, he shall file a vakalatnama duly executed in favour of such advocate or a memorandum of appearance in lieu of Vakalatnama, if so permitted by the Court.

Explanation.

(1)     A separate appointment or a memorandum of appearance shall be filed in each of the several connected proceedings, notwithstanding that the same advocate is retained for the party in all the connected proceedings.

(2)     In this rule terms "Civil Case and Criminal Case" for the purpose of the High Court, shall respectively have the same meaning as has been assigned to them in rule 4(2) and (3) of the High Court of Madhya Pradesh Rules, 2008.

Rule - 5. Outside Advocate not to Appear without a Local Advocate.

An advocate who is not ordinarily practicing in a particular court shall not appear, act or plead in such Court unless he files a Vakalatnama or a memo of appearance as the case may be, along with a local advocate.

Rule - 6. Joint Vakalatnama or Memorandum of Appearance.

Where in a case, a party is represented by more than one advocate; they may file a joint vakalatnama or memo of appearance, as the case may be.

Rule - 7. Address of Advocate on Vakalatnama shall be the Address for the Purpose of Service.

The address, furnished by an advocate at the time of acceptance of his appointment in accordance with rule 5(3) of chapter VIII of the High Court of Madhya Pradesh Rules, 2008, shall be the address for service within the meaning of rule 5 of Order III of the Code of Civil Procedure, 1908:

Rule - 8. Extent of Vakalatnama and Memorandum of Appearance in Civil Cases.

(1)     The vakalatnama of an advocate in civil cases, unless otherwise restricted, shall be deemed to be in force to the extent provided in that behalf by clause (3) of rule 4 of order III of the Code of Civil Procedure, 1908, (Madhya Pradesh amendment dated 18-10-1968).

(2)     In civil cases, the memorandum of appearance of an advocate shall be deemed to be in force:

(a)      under rule 8 of chapter VIII of the High Court of Madhya Pradesh Rules, 2008, read with clause (3) of rule 4 of order III of the Code of Civil Procedure, 1908, (Madhya Pradesh amendment dated 18-10-1968); till the proceeding in which it is filed, is over and

(b)      under order 3 rule 4(5) of the Code of Civil Procedure, 1908, till the event for which the advocate was authorized, is over.

(3)     Without prejudice to the generality of the foregoing sub-rule (1) and (2) above, a Vakalatnama filed in a writ petition from which a writ appeal lies, shall continue in force till conclusion of proceedings of the writ appeal unless the Vakalatnama is replaced by a fresh Vakalatnama in favour of another advocate.

Rule - 9. Extent of Vakalatnama in Criminal Cases.

The vakalatnama of an advocate, in Criminal Cases, unless otherwise restricted, shall be deemed to be in force in following proceedings as well:

(1)     every inquiry, trial or proceeding before a Criminal Court whether instituted on a police report or otherwise,

(2)     an application for bail or reduction, enhancement of amount or cancellation of bail in the case in the same Court where such Vakalatnama or memorandum of appearance was filed;

(3)     an application for transfer of the case from one Court to another;

(4)     an application for leave to appeal against an order of acquittal in a case;

(5)     an appeal or petition for revision against any order or sentence passed in a case;

(6)     A reference arising out of a case;

(7)     An application to correct a clerical or arithmetical error in a judgment or final order.

(8)     An application for making concurrent, the sentences awarded in the case or in an appeal, reference or revision arising out of the case.

(9)     an application relating to or incidental to or arising in or out of any appeal, reference or revision arising in or out of the case,

(10)   an application or act for obtaining copies of documents or for the return of articles or documents produced or filed in the case or in any of the proceedings;

(11)   an application or act for withdrawal, refund or payment;

(12)   an application for the custody of or return, restitution or restoration of the property forfeited or confiscated in the case or an appeal, reference or revision arising from the case as per the final order;

(13)   an application for expunging remarks or observations on the record of or made in the judgment in the case or any appeal, reference, revision or review arising out of the case, and

(14)   an application or proceeding for sanctioning prosecution under Chapter XIV of the Code of Criminal Procedure, 1973, or any appeal or revision arising from and out of any order passed in such an application or proceeding:

Provided that where the venue of the case or the proceedings is shifted from one Court to another (subordinate or otherwise) except by way of transfer within the same sessions division, the advocate filing the Vakalatnama referred to in sub-rules (1) and (2) above in the former court shall not be bound to appear act or plead in the later Court unless he files or has already filed a memorandum signed by him in the later court that he has instructions from his client to appear, act and plead in that Court.

Rule - 10. Cessation of Vakalatnama or Memo of Appearance.

The vakalatnama or memo of appearance, as the case may be, of an advocate, unless otherwise restricted, shall be deemed to be in force until.

(1)     determined with the leave of the Court, on an application signed by the party or the advocate, as the case may be, and filed in Court or

(2)     the party or the advocate dies or

(3)     the advocate is suspended or disbarred or

(4)     all proceedings in that civil or criminal case have ended so far as regards the party.

Rule - 11. Advocates not to appear, Act or Plead in Certain Circumstances.

(1)     An advocate who has, at any time, advised in connection with subject matter of a case, civil or criminal; or has drawn pleadings, or acted for a party shall not act, appear or plead for the opposite party, in that case :

Provided that on receiving such information, the concerned advocate may withdraw from the case, failing which, on proof of such conduct, the Court may not allow the advocate to appear in the case.

(2)     An advocate who is not supposed to appear before a Judge for any reason, shall not

(a)      file a Vakalatnama or memorandum of appearance or

(b)      appear act or plead with or without a Vakalatnama, in a case in which an advocate is already appearing for the party and

(i)       which is known to be likely to be listed,

(ii)      hearing therein is about to commence or

(iii)     has already commenced-before such Judge.

Rule - 12. Frivolous, vexatious or motivated application or prayer for recusal/transfer.

No advocate shall make a frivolous, vexatious or motivated application or prayer for

(1)     recusal made to a bench on judicial side or

(2)     transfer of a case or a class of cases from a bench to the Chief Justice on administrative side.

Rule - 13. Acceptance of Appointment by a Firm or a Partnership of Advocates.

(1)     The acceptance of a Vakalatnama or memo of appearance, as the case may be, on behalf of a firm or partnership of advocates shall be indicated by a partner affixing his own signature and specifying that it is in his capacity as a partner of that firm or partnership of advocates.

(2)     No such firm or partnership shall be entitled to appear, act or plead in any Court unless at least one of the partners thereof is entitled to appear, act or plead in such Court in conformity with rule 5 above

(3)     The vakalatnama of a firm shall not be filed in any Court unless accompanied by a separate sheet certified by the partner of the firm who has filed the Vakalatnama and containing the names and such other particulars as are required in a Vakalatnama in respect of all partners of the firm,

(4)     In every case where a partner of a firm of advocates signs any document or writing on behalf of the firm he shall do so in the name of the partnership and shall authenticate the same by affixing his own signatures as partner.

(5)     Neither the firm of advocates nor any partner thereof shall advise a party or appear, act or plead on behalf of a party in any matter or proceeding where the opposite party is represented by any other partner of the firm or by the firm itself.

Rule - 14. Advocate not to file Vakalatnama or Memorandum of Appearance in a Case in which an Advocate is already on Record.

(1)     No advocate shall be permitted to file a vakalatnama or memorandum of appearance in any proceeding in which another advocate is already on record of the case for the same party save with the consent of the former advocate already on record of the case or with the leave of the Court unless the former advocate has ceased to practise or has by reason of infirmity of mind or body or otherwise become unable to continue to act.

(2)     The former advocate on record of the case may signify his consent for allowing the latter advocate to file a vakalatnama or memorandum of appearance for the same party, in the margin of the vakalatnama or memorandum of appearance.

(3)     Where the former advocate refuses or neglects to accord such consent, the party or the latter advocate may file an application, for leave of the Court concerned to replace the former advocate and to take the vakalatnama or memorandum of appearance, as the case may be, on record.

(4)     Such an application, where filed, shall be placed before the Court concerned, which may, in its discretion, allow or reject the same.

Rule - 15. Disbarred or Suspended Advocate not to Act as a Recognized Agent

No advocate who has been disbarred or suspended or whose name has been struck off the role of advocates, shall be permitted to act, as a recognized agent of any party within the meaning of Order III of the Code of Civil Procedure, 1908.

Rule - 16. Advocate Guilty of Criminal Contempt of Court not to Appear, Act or Plead in a Court

(1)     No advocate who has been found guilty of criminal contempt of the High Court of Madhya Pradesh or of any Court subordinate thereto shall appear, act, or plead in the High Court and any Court of District where the contempt was committed:

(a)      if the contempt is of a nature which is capable of being purged, unless he has purged himself of contempt.

(b)      if the contempt is of a nature which is not capable of being purged, for a period of 6 months from the date on which he is convicted of the contempt.

(2)     An order, holding that an advocate

(a)      is guilty of contempt of Court; or

(b)      has purged himself of the contempt;

-shall be placed before the Chief Justice for its circulation amongst the Judges of the State and the State Bar Council.

Rule - 17. Repeal and savings.

(1)     On coming into force of the Rules, the Rules farmed by the High Court of Madhya Pradesh under section 34(1) of the advocates Act, 1961, and published in M.P. Rajpatra, Pt. 4(ga), dated 23rd August, 1968, p. 69 by Notfn. No. 1546-III-I-5-57 Ch. 18 dated 28th February, 1967; shall stand repealed.

(2)     Notwithstanding that these Rule have come into force and repeal under sub-rule (1) has taken effect

(a)      anything duly done or suffered; or

(b)      any right, obligation or liability; accrued, imposed or incurred; or any proceedings taken or to be taken, in respect of such right, obligation or liability;

-under the repealed Rules, before such enforcement, shall not be affected.

Rule - 18. Removal of Difficulties.

If any difficulty arises in giving effect to the provisions of these Rules, the Chief Justice may, by notification, make such provisions, as may appear necessary and expedient for removing such difficulty.

 

APPENDIX 1-A

FORMAT OF VAKALATNAMA

[Rule 4(1) of the Rules framed under the Advocates Act, 1961]

In the Court of..................................................................

Case/Proceedings No..................

..........................................................Plaintiff/Appellant/Claimant

/Petitioner/Applicant

Versus

............................................................. Defendant/Respondent/Non-applicant

I/We the [1]Plaintiff/Appellant/Claimant/Petitioner/Appellant or Defendant/Respondent/Non-applicant named below do hereby appoint, engage and authorize advocate (s) named below to appear, act and plead in aforesaid case/proceedings, which shall include applications for restoration, setting aside of ex-parte orders, corrections, modifications, review and recall of orders passed in these proceedings, in this Court or in any other Court in which the same may be tried/heard/proceeded with and also in the appellate, revisional or executing Court in respect of proceedings arising from this case/proceedings as per agreed terms and conditions and authorize him/them to sign and file pleadings, appeals, cross objections, petitions, applications, affidavits, or other documents as may be deemed necessary or proper for the prosecution/defence of the said case in all its stages and also agree to ratify and confirm acts done by him/them as if done by me/us:

In witness whereof I/we do hereunto set my/our hand to these presents, the contents of which have been duly understood by me/us, this........day of...... 201...

Particulars (in block letters) of each Party Executing Vakalatnama

Accepted:

Particulars (in block letters) of each advocate Accepting Vakalatnama

 

ANNEXURE-B

In the High Court of Madhya Pradesh Rules, 2008, the following amendments are made:

(1)     Rule 2 (7) (d) (2) of chapter IV is deleted.

(2)     In rule 2(7) (h) of chapter IV, between words "bodies;" & "and" following is inserted:

"where the value of tender/contract is Rs. 50,00,000/- or above;"

(3)     Rule 2(7) (f) of chapter IV is substituted by the following:

"(f)   in the nature of habeas corpus where a person is in detention by or under the orders of the State or Central Government or their officers;"

(4)     In rule 45 (2) of Chapter X; after the words "impugned judgment or order" the following is added:

"and that of the judgment or order of the Court of first instance where the impugned judgment or order was passed in an appeal or a revision. Provided that the Court may dispense with the requirement of filing certified copy of the order of the Court of first instance at the stage of admission if a true copy thereof is filed on affidavit or a copy thereof is certified as true by the Counsel."

(5)     (a) In rule 6(1) of Chapter XVIII, words and figures "6,7 and 9" are substituted by figure and letter "1(a)" and letter "I" is substituted by letter "II".

(b) in rule 7 (1) of chapter XVIII, word "additional" is deleted.

(c) In rule 7 (3) (b) of Chapter XVIII, word "will" is substituted by word "shall" and words "ordinary rate" are substituted by words and figures "prescribed respectively under rule 14 of chapter 18"

(6)     In rule 25 of chapter X,

(a)      after words "as the case may be" following words and figures are added:

" The advocate who has been so served shall acknowledge receipt of the same by endorsement on the original petition, writing his full name below the signature. Such acknowledgement together with a decoration in following format shall be filed with the petition.

 

DECLARATION

(Under rule 25 chapter X)

The copies, as required by rule 25 of chapter X of the High Court of Madhya Pradesh Rules, 2008, have been served upon......... (the person upon whom the copies have been served) at....... (time) on..... (date) in........ (place).

Advocate for the Petitioner

(b)      Between words "such acknowledgement" and "name of the advocate" following is inserted: "and declaration".

(c)      After words " published in the cause list.", following new paragraph is added:

" No petition shall be accepted in the Filing Centre without such acknowledgement and declaration except where the counsel for a party certifies under his signature that the counsel for the opposite party has refused to sign the acknowledgment."

(7)     After sub-rule 2 of rule 30 of Chapter X, following sub-rule 3 are inserted:

"(3) Provisions of rule 25 shall apply to the writ petitions under article 227 (1) of the Constitutions of India also."

(8)     In rule 11 of chapter II, between words " any proceeding" and "shall be registered" following words are inserted: "or an application for enlargement of time".

(9)     In rule 5 (3) of Chapter XII,

(a)      word " four" is deleted.

(b)      clauses (a), (b), (c), (d) and (e) are substituted respectively by the following clauses:

(a)      Cases in which personal appearance has been ordered by the Court for that date;

(b)      Cases in which that date has been fixed specifically by a judicial order of the Court other than on a Mention slip;

(c)      Not reached cases;

(d)      Fresh matters (with or without application for interim relief); and

(e)      Interim matters (including consideration of interlocutory applications);

(c)      after clause (e) the following clauses are added:

(f)       Miscellaneous matters (such as default matters and matters listed for further orders);

(g)      After notice matters;

(d)      In the paragraph after clause (e) word "However" is substituted by words "Provided that" and words" "Not reached" cases shall be included at the top under respective sub heads." are deleted.

(e)      At the end the following proviso is added:

" Provided further that " Final hearing at motion stage" matters shall be taken up only on Tuesdays and Thursdays before regular final hearing matters."

(10)   In rule 24 of chapter X,(a) after words " the name" & " address of" word "and" is deleted.

(b)   after words " the name" & " address and" word "office" is inserted.

(c)   after words " address name" & " of the advocate" words "phone numbers" are inserted.

(11)   In rule 34 of chapter X, at the end the following proviso is added:

" Provided that if it is certified by the counsel for the appellant in writing in the memo of appeal that no reliance would be placed on all or any of the aforesaid documents, the writ appeal may be accepted by the office without inclusion of those documents in the paper book referred to above, however, if it appears during the hearing that reference to all or any of the documents referred above but not included in the paper book is necessary, the Court may direct the appellant to comply with the requirement of the aforesaid rule."

(12)   Following new codes are added to the Subject Category Code.