The Gujarat High Court has ruled that filing of affidavits or additional affidavits, after rule is issued, will require the leave of the High Court..The order was passed by a Bench of Chief Justice R Subhash Reddy and Vipul M Pancholi in a Letters Patent Appeal filed by the Gujarat High Court Advocates Association (GHCAA) against an order of the single judge..Senior Advocate Yatin Oza along with advocate Jay S Shah appeared for GHCAA while advocate GM Joshi represented the Gujarat High Court..The single judge, in his order, had ruled the following:.“The Court has observed that there is a practice prevailing in the office to accept the additional affidavits filed by the parties, without the orders of the Court. It may be noted that no further affidavit or additional affidavit could be filed by any party without the leave of the Court in view of Rule 184 of the Gujarat High Court Rules 1993.”.The GHCAA had filed a Letters Patent Appeal against the same. The court after noting the submissions advanced by the parties and considering Rules 181 to 184 of the Gujarat High Court Rules, 1993, held that Rule 184 is to applied only in cases where rule is already issued..“From a reading of all the rules under Chapter XVII, it is clear that after rule is issued, if any affidavits or additional affidavits are to be filed, same cannot be accepted by the Registry, without the leave of the Court.”.The Court, therefore, held that the Registry can receive affidavits without the leave of the Court before rule is issued. But after rule is issued, such filings would require the leave of the court..“In that view of the matter, we dispose of this appeal clarifying that it is open for the Registry to receive affidavits or additional affidavits in the matters without leave of the Court before rule is issued in the main petition or in the Civil Application. We clarify that in cases where parties wish to file affidavits or additional affidavits after rule is issued, same shall not be accepted by the Registry, without the leave of the Court.”.Read the order below..Click here to download the Bar & Bench Android App
The Gujarat High Court has ruled that filing of affidavits or additional affidavits, after rule is issued, will require the leave of the High Court..The order was passed by a Bench of Chief Justice R Subhash Reddy and Vipul M Pancholi in a Letters Patent Appeal filed by the Gujarat High Court Advocates Association (GHCAA) against an order of the single judge..Senior Advocate Yatin Oza along with advocate Jay S Shah appeared for GHCAA while advocate GM Joshi represented the Gujarat High Court..The single judge, in his order, had ruled the following:.“The Court has observed that there is a practice prevailing in the office to accept the additional affidavits filed by the parties, without the orders of the Court. It may be noted that no further affidavit or additional affidavit could be filed by any party without the leave of the Court in view of Rule 184 of the Gujarat High Court Rules 1993.”.The GHCAA had filed a Letters Patent Appeal against the same. The court after noting the submissions advanced by the parties and considering Rules 181 to 184 of the Gujarat High Court Rules, 1993, held that Rule 184 is to applied only in cases where rule is already issued..“From a reading of all the rules under Chapter XVII, it is clear that after rule is issued, if any affidavits or additional affidavits are to be filed, same cannot be accepted by the Registry, without the leave of the Court.”.The Court, therefore, held that the Registry can receive affidavits without the leave of the Court before rule is issued. But after rule is issued, such filings would require the leave of the court..“In that view of the matter, we dispose of this appeal clarifying that it is open for the Registry to receive affidavits or additional affidavits in the matters without leave of the Court before rule is issued in the main petition or in the Civil Application. We clarify that in cases where parties wish to file affidavits or additional affidavits after rule is issued, same shall not be accepted by the Registry, without the leave of the Court.”.Read the order below..Click here to download the Bar & Bench Android App
