Gujarat High Court
Chief Engineer Uttar Gujarat Vij ... vs Ghanshyambhai Bhailalbhai Darji on 17 November, 2021
Bench: A.G.Uraizee
C/CA/1196/2021 ORDER DATED: 17/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1196 of 2021
In F/FIRST APPEAL NO. 8599 of 2020
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CHIEF ENGINEER UTTAR GUJARAT VIJ COMPANY LTD
Versus
GHANSHYAMBHAI BHAILALBHAI DARJI
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Appearance:
MS LILU K BHAYA(1705) for the Applicant(s) No. 1
RULE UNSERVED(68) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 17/11/2021
ORAL ORDER
1. Heard learned advocate for the applicant.
2. The applicant has challenged the judgment and
decree dated 30.12.2018 passed by learned Principal Senior
Civil Judge, Sanand in Special Civil Suit No.325 of 2018 in
First Appeal No.8599 of 2020. The applicant has taken out
the present application for condonation of delay occurred in
preferring First Appeal No.8599 of 2020 in assailing the
judgment and decree of the trial Court.
3. Relevant provisions of sub-rule (1) and (2) of Rule
4 of Order III of the Code reads as under.
"4. Appointment of Pleader.- (1) No pleader shall
act for any person in any Court, unless he has
been appointed for the purpose by such person
by a document in writing signed by such person
C/CA/1196/2021 ORDER DATED: 17/11/2021
or by his recognized agent or by some other
person duly authorized by or under a power-of-
attorney to make such appointment.
(2) Every such appointment shall be [filed in
Court and shall, for the purposes of sub-rule (1),
be] deemed to be in force until determined with
the leave of the Court by a writing signed by the
client or the pleader, as the case may be, and
filed in Court, or until the client or the pleader
dies, or until all proceedings in the suit are ended
so far as regards the client.
[Explanation.- For the purposes of this sub-rule,
the following shall be deemed to be proceedings in
the suit,-
xxx xxx xxx
(c) an appeal from any decree or order in the
suit, and".
4. Rule 5 of Order III of the Code reads as under.
"5. Service of process on pleader.- [Any process
C/CA/1196/2021 ORDER DATED: 17/11/2021
served on the pleader who has been duly
appointed to act in Court for any party] or left at
the office or ordinary residence of such pleader,
and whether th same is for the personal
appearance of the party or not, shall be presumed
to be duly communicated and made known to the
party whom the pleader represents, and, unless
the Court otherwise directs, shall be as effectual
for all purposes as if the same had been given to
or served on the party in person."
5. Conjoint reading of the aforesaid provisions
makes it abundantly clear that appointment of the pleader
is deemed to be in force until it is determined or until the
client or the pleader dies or proceedings of the suit are
ended qua client. It is also clear from the explanation that
appeal from any decree or order in the suit are deemed to be
proceedings of the suit.
6. Ms.Bhaya, learned advocate for the applicant
submits that respondents have filed Execution Application
No.1 of 2019 in the trial Court for execution of the
impugned judgment and decree. According to her
submission, one Mr.V.P.Pujara, learned advocate is
representing the respondents in the said execution
proceedings.
C/CA/1196/2021 ORDER DATED: 17/11/2021
7. Hence, in view of the aforesaid provisions of the
Code, since the respondents original plaintiffs are not found
at the address mentioned in the cause title of the appeal
which is taken from the cause title of the impugned order, it
would be apposite to serve the respondents through learned
advocate who represents them in the proceedings of the
execution petition.
8. In view of the above, let there shall be fresh notice
of Rule to respondents returnable on 13.12.2021 to be
served on learned advocate Mr.V.P.Pujara, who is practising
in the Civil Court, Sanand, District Ahmedabad.
(A.G.URAIZEE, J)
H.M. PATHAN
