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Supreme Court: AOR Not Entitled To Pleadings Copy Supreme Court: AOR Not Entitled To Pleadings Copy

Bronze medal Reporter Adv.vrinda Posted 2 Nov 2019
Supreme Court: AOR Not Entitled To Pleadings Copy

The sc court written record had made clear that the Advocates on record aren’t entitled to be served with a replica of pleading if their purchasers have received the copies. Advocate-on-record Varinder Kumar Sharma had taken a contention before the Registry that, as per rules and practice of Supreme Court, after the notice of service on the respondents in Special Leave Petition and after filing of vakalatnama by the Advocate-on-record, he is entitled to get copy of two sets of paper books from the petitioner so that he may be able to file counter affidavit. Reference was made to Order XX Rule 14 to contend that each party who has entered appearance shall be entitled to two copies of the record for his own use.Secondly, the term 'Record' mentioned in Rule 14 of Order XX is in connection with the record prepared in terms of orders of the Court. The provisions relating to Preparation of Record would find place in Order XX Rule 7 to Rule 13.

In the present case, learned advocate could not point out that the stage has come for preparation of record in terms of Order XX. In fact, no such stage is provided in Order XXI of Supreme Court Rules, 2013. In absence thereof, there arises no question of supplying two copies of the record to respondents as argued by Ld. Advocate for the respondents. Thus the provision under Order XX Rule 14 is of no help to respondents. Put altogether the insistence of learned advocate for the answering respondents that advocates on record are entitled to complete set of pleadings after having tendered their appearance is devoid of merit. Learned advocate would repeatedly submit that practice prevailing in Supreme Court is that after entering appearance for respondents, advocate appearing for the petitioner would serve copy of an entire set of pleadings upon the respondents to enable them to file counter affidavit.

 

If such practice is indeed prevailing in Supreme Court, nothing prevent learned advocate for the parties to continue with the said practice, however, orders cannot be sought from the Court, as of right, to direct petitioner to serve copy of pleadings upon the advocate appearing for the respondents, unless it is pointed out, through cogent material that the respondents have not received entire set of pleadings. Hence, a request made by answering the respondent to direct the petitioner to supply a copy of pleadings is rejected. Read the legal judgment in India

 

Read the Judgement


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