AIR 1976 GUJARAT 98

Gujarat High Court

Hon'ble Judge(s): S. N. Patel, C. V. Rane , JJ

(A) Civil P.C. (5 of 1908) , O.3 R.4— Ahmedabad City Civil Court Rules (1961) , R.444— Advocate's reporting "no instructions" does not discharge him - An order of discharge from Court necessary - In the absence of such order, he is deemed to represent his client. (Para 3) (B) Civil P.C. (5 of 1908) , O.26 R.14— Ahmedabad City Civil Court Rules (1961) , R.336— Proceeding before a Commissioner - Party having notice of the hearing absenting himself continuously - His advocate who remained undischarged too absent - Commissioner held justified in conducting the proceeding ex part. (Para 7) (C) Civil P.C. (5 of 1908) , S.122, O.26 R.12(2)— Ahmedabad City Civil Court Rules (1961) , R.342— R.342 of the Ahmedabad City Civil Court Rules is not ultra vices R.12 (2) of O.26 of Civil P. C. Since Section 122 of Civil P. C. which empowers the High Court to annul, alter or add to all or any of the rules in the first schedule of the Code, R.342 of the Ahmedabad City Civil Court Rules, framed in exercise of such power, cannot be held ultra vires R.12 (2) of Order 26 Civil P. C. The said Rules are supplementary to the provisions of Civil P. C. In the event of....