(1) The High Court may make rules consistent with the provisions of this Act-
(a) prescribing the qualifications and mode of admission of pleaders and the fees payable for admission;
(b) prescribing the fees payable in respect of examinations (if any) held for the office of pleader;
(c) regulating, and providing for the recognition of, bar associations and for granting sanction to the rules of such associations;
(d) requiring that a pleader shall be a member of, and submit to the rules of, a bar association;
(e) requiring that a pleader shall be a member of, and subscribe to, the law library attached to the principal Court in which he practices;
(f) providing for the taxation of costs between party and party;
(g) providing for the allowance and taxation of costs between pleader and client whether in litigious or non-litigious business;
(h) prescribing, in lieu of the forms in Schedule II, the form of sanad to be given to pleaders and the form of vakalatnamas;
(i) prescribing, in lieu of or in addition to the rules in Schedule III, the manner in which the pleader’s fee shall be computed, and the amount of the pleader’s fee, and determining the amount or value of the subject matter in particular classes of cases or in cases generally, for the purpose of calculating the pleader’s fee;
(j) prescribing the manner in which costs in appeals or applications to the High Court from decrees or orders of courts subordinate to the High Court shall be taxed, in cases where costs between party and party are awarded by the High Court;
(k) fixing the scale of costs which may be awarded in cases under sub-section (2) of section 27;
(l) generally, to give effect to such provisions of this Act as may require to be provided for by rules.
(2) Where the High Court prescribes any forms in lieu of the forms in Schedule II, or makes any new rules in lieu of or in addition to the rules in Schedule III, such new forms or rules respectively shall on or in addition to the forms or rules now therein enacted.
(3) All rules made under this Act shall be published in the 1[Official Gazette] and shall thereupon have effect as if enacted in this Act.
32. Nothing in this Act shall be deemed to limit or otherwise affect the power conferred upon the High Court by sections 106 and 107 of the Government of India Act, 1915, or by clauses 9 and 10 of the Letters Patent or by any law for the time being in force.
Recovery of taxwd.
V of 1908.
Lien for taxed fees.
Savings. 5 & 6, Geo. 5, c.
61.
1920 : Bom. XVII ] Gujarat Pleaders Act, 1920
33. Nothing in this Act regarding the appointment, appearance or remuneration of pleaders or the taxation of costs shall apply in respect of any proceedings pending in any court at the commencement of this Act, and all such proceedings, until their final disposal by the court in which they are pending, shall be governed, in respect of such matters, by the laws and rules in force immediately before the commencement of this Act.
34. The enactments mentioned in Schedule I are hereby repealed to the extent specified in the third column thereof.
SCHEDULE I (See section 34.)
......................................................................................................................................
No. and date Title Extent of of enactment repeal ......................................................................................................................................
Bombay Regulation A Regulation for defining So much as has not already II of 1827. the Constitution of the been repealed, excepting Courts of Civil Justice the part of section 21 and the Powers and which prohibits interference Duties of the Judges and of the civil courts officers thereof. in caste questions.
Act I of 1846. An Act for amending the law The whole, excepting regarding the appointment and section 5.
remuneration of Pleaders in the Courts of the East India Company.
Act XX of 1853 An Act to amend the law Section 2.
relating to Pleaders in the Courts of the East India Company.
......................................................................................................................................
SCHEDULE II FORM A.
Sanad for a Vakil of the High Court.
(Clause 10 of the Amended Letters Patent and section 4 of the Bombay Pleaders Act, 1920.)
In 1[the High Court] of Judicature, Appellate Side, Bombay.
Bombay, 19 To, In conformity with the Rules made under the provisions of clause 10 of the Amended Letters Patent constituting the High Court of Judicature at Bombay and published under the date and in conformity with the provisions of the Bombay Pleaders Act, 1920, you are hereby approved, admitted and enrolled as a Vakil of the said High Court and you will not be liable to be removed or suspended from practice, except for reasonable cause.
By order of 1[the High Court] of Judicature at Bombay, Seal of the High Court, Deputy Registrar.
Sealer, The .................... day of ................... 19 FORM B.
Sanad for a District Pleader.
Pending cases.
Repeal.
[1920 : Bom. XVII Gujarat Pleaders Act,1920 (Section 4 of the Bombay Pleaders Act, 1920.)
In 1[the High Court] of Judicature, Appellate Side, Bombay.
Bombay, .................. 19.
To, In conformity with the provisions of the Bombay Pleaders Act, 1920, you are hereby appointed to the office of District Pleader in the district of You will not be liable to be removed or suspended from practice except for reasonable cause.
By order of 1[the High Court] of Judicature at Bombay, Seal of the High Court, Deputy Registrar.
Sealer, The .................... day of ................... 19 [Form C ―Vakalatnama‖] Repealed by Act 223 of 1926, s. 3.
.................................
SCHEDULE III.
(See Section 18.)
Rules for computing the pleader’s fee.
I.– 2[Subject to the provisions of rule VI]-
(a) in suits which decide on the merits the real dispute between the parties,
(b) in appeals from decrees (including preliminary decrees) other than appeals from execution proceedings, which decide on the merits the real dispute between the parties,
(c) in applications or proceedings under the 3(i) Indian Succession Act, 1925, excepting application or appeals failing under sub-clauses (ii) and (iii) of clause (e) of rule V.
4(ii) Land Acquisition Act, 1894.
the amount of the pleader’s fee shall be computed on the amount or value of the subjectmatter in dispute in the suit, appeal, application or proceedings at the rates specified below:- 5[If the amount or value of the subject-matter in dispute does not exceed Rs.2, 000 at 5 per cent.
If the amount or value exceeds Rs.2, 000 but does not exceed Rs.5, 000, on Rs.2, 000 as above and on the remainder at 3 per cent.]
If such amount or value exceeds Rs.5, 000 but does not exceed Rs.10, 000, on Rs.5, 000 as above and on the remainder at 2 per cent.
If such amount or value exceeds Rs10, 000 but does not exceed Rs.20, 000, on Rs.10, 000 as above and on the remainder at 1 per cent.
If such amount or value exceeds Rs.20, 000, on 20, 000 as above and on the remainder at ½ per cent.
6[Exception.- 7[Subject as aforesaid] the amount of pleaders’ fees in a suit appeal, application, or proceeding between landlord and tenant shall be calculated on the amount or value of the claim for the purposes of Court fees and not on the amount or value of the claim for the purposes of jurisdiction :
Provided that the amount may at the discretion of the Court be calculated on the amount or value of the claim for the purposes of jurisdiction when the Court is of opinion, having regard to the labour involved in the preparation of the case or to the complexity of the issues arising therein, that the higher rate of valuation is appropriate.]
1920 : Bom. XVII ] Gujarat Pleaders Act, 1920 II. — 1[Subject to the provisions of rule VI]—
(a) in appeals from orders,
(b) in civil applications or proceedings other than applications and proceedings necessary for the progress of a suit or appeal and other than applications proceedings or appeals failing under rules I, IV and V, and
(c) in all other cases not otherwise provided for, the amount of the pleader’s fee to be allowed shall be one fourth of that payable according to the rates specified in rule I.
III. — 1[Subject to the provisions of rule VI] the fee prescribed in rules I and II shall be taken to be the remuneration for the pleader’s services until the final decree or order in the suit, appeal, application, reference or proceeding, is passed.
IV.— 2[Subject to the provisions of rule VI, the pleader’s fees to be allowed in execution proceedings] be one-fourth of the fee calculated at the rates specified in rule I on the amount or value of the relief or money claimed in the application to execute the decree. 3[Such fee shall be chargeable on the first application and on every subsequent contested application.]
V. — 1[Subject to the provisions of rule VI]—
(a) in any reference made to the High Court under section 113 of the Code of Civil Procedure, 1908,
(b) in any application to the High Court under section 115 of the said Code,
(c) in any application to the High Court under section 25 of the provincial Small Causes Courts Act, 1887,
(d) in any application for the exercise of the High Court’s Extraordinary jurisdiction in civil matters,
(e) in all applications or appeals under-
(i) the Guardians and Wards Act, 1890, 4(ii) Part X of the Indian Succession Act, 1925, 4(iii) Part VII of the Indian Succession Act, 1925,
(iv) the Indian Trusts Act, 1882,
(v) the Provincial Insolvency Act, 5[1920],
(vi) any other special or local Act, a sum of Rs.30 shall be allowed as the pleader’s fee.
6[VI – In all suits, appeals, applications or proceedings in which a commission is issued under the provisions of section 75 of the Civil Procedure Code the pleaders’ fee shall consist of-
(a) an amount computed in accordance with whichever of rules I to V would be applicable to the suit, appeal, application or proceeding but for the issue of the commission.
(b) and such fees not exceeding Rs.20 per day for appearing before the Commissioner as the Court may in its discretion allow:
Provided
(i) that no fees shall be allowed for appearing before a Commissioner if the Court when issuing the commission certifies that the presence of a pleader before the Commissioner is not necessary.
(ii) and provided further that no fees shall be allowed for appearing before a Commissioner in the town or village which is the headquarters of the Court issuing the Commission.]
1VII.- In no case, whether specially provided for in this Schedule or otherwise, shall the pleader’s fee payable in any civil suit, appeal, application or proceeding other than execution proceedings be less than-
(a) Rs.30 in the High Court,
(b) Rs.15 in the District Court,
(c) Rs.15 in the Court of a Subordinate Judge, in suits of the nature V of 1908.
[1920 : Bom. XVII Gujarat Pleaders Act,1920 cognizable by a Court of Small Causes, or in the Court of a Jagirdar or Inamdar exercising jurisdiction under Bombay Regulation XIII of 1830 and Act XV of 1840, or in the Court of a Mamlatdar under the Mamlatdar’s Court Act, 1906:
Provided that suits by a superior holder for the recovery of his dues in the Court of a Subordinate Judge shall be governed by clause (d) and not by clause (c), unless in the opinion of the Court the suit involves questions of a complicated nature affecting title to land:
[Provided further that if a Commission is issued under the provisions of section 75, Civil Procedure Code, in the suit, appeal, application or proceeding, in calculating for the purposes of this rule the pleader’s fee payable in such suit, appeal, application or proceeding, the fees payable under the provisions of rule VI, clause (b) shall be excluded.]
3[VIII. - A surcharge of 25 per cent. shall be allowed on the fees prescribed herein above:
Provided that in suits and proceedings referred toin clauses (a) and (b) of sub-section
(1) of section 20 of the Act no such surcharge shall be allowed except when only one pleader is engaged.]
1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1920, Part V, page 420; for Report of Select Committee, see Bombay Government Gazette, 1920, Part V, page 794 (a); and for proceedings in Council, s. 22 1920, Part V, pages 671 and 971.
1A. The word ―Gujarat‖ was substituted for the word ―Bombay‖ by Guj. 15 of 2011, s. 3.
2. The words ―except Sind‖ were omitted by the Adaptation of Laws Order, 1950.
3. The words ―and Aden‖ were omitted by the Adaptation of Indian Laws Order in Council.
4. These words were substituted for the original by Bom. 17 of 1945, s. 9, Sch. E, read with Bom. 52 of 1947, s. 2, proviso.
5. These words were substituted for the original by Bom. 17 of 1945, s. 9, Sch. E, read with Bom. 52 of 1947, s. 2, proviso.
*. This Act was substituted for repealed and re-enacted and the amendments made by section 9, Sch. E of the said Act have been continued in force Bom. 52 of 1947, s. 2.
6. The words ―or districts‖ were inserted by Bom. 6 of 1929, s. 2.
7. This proviso was inserted, by Bom. 6 of 1929, s. 3 (1).
8. This word ―one‖ was deleted, by Bom. 6 of 1929, s. 3 (2).
9. This Act has been repealed by Bom. 16 of 1925 which also has been repealed by Bom. 13 of
1933.
10. The words ―Provincial Government‖ were substituted for the words ―local Government‖ by the Adaptation of Indian Laws Order in Council.
11. The words ―Official Gazette‖ were substituted for the words ―Bombay Government Gazette,‖ by the Adaptation of Indian Laws Order in Council.
12. The words ―or districts‖ were inserted by Bom. 6 of 1929, s. 4.
13. The words ―Provincial Government ‖ were substituted for the words ―local Government‖ by the Adaptation of Indian Laws Order in Council.
14. The words ―Official Gazette‖ were substituted for the words ―Bombay Government Gazette‖, by the Adaptation of Indian Laws Order in Council.
15. These words were substituted for the words ―shall give‖ by Bom. 53 of 1949, s. 3, Second Schedule.
16. These words and figures were substituted for the figures ―17‖ by Bom. 11 of 1928, s. 2, First Schedule.
17. These figures were substituted for figures ―5000‖ by Bom. 33 of 1954, s. 2 (1).
18. See now the Indian Succession Act, 1925.
19. Central Acts.
20. These words were substituted for the original by Bom. 33 of 1954, s. 2 (2).
21. These words were substituted for the original by Bom.17 of 1945, s. 9, Sch. E, read with Bom.
52 of 1947, s. 2, proviso.
22. Central Acts.
23. The word ―British‖ was omitted by the Adaptation of Laws Order, 1950.
24. The words ―Official Gazette‖ were substituted for the words ―Bombay Government Gazette‖ 1920 : Bom. XVII ] Gujarat Pleaders Act, 1920 by the Adaptation of Indian Laws Order in Council.
25. These words were substituted for the words ― His Majesty’s High Court ‖ by the Adaptation of Laws Order, 1950.
26. These words were substituted for the words ―His Majesty’s High Court‖ by the Adaptation of Laws Order, 1950.
27. These words and figures were inserted by H. Ct. (A.S.) Notification No. 2036, dated 30th August 1935.
28. Sub-clause (i) was substituted for the original sub-clauses (i) and (ii) by the Bombay H. Ct.
(A.S.) notification No. 2539, dated 23rd December 1932.
29. Sub-clause (iii) was renumbered as sub-clause (ii), by the Bombay H. Ct. (A.S.) notification No. 2539, dated 23rd December 1932.
30. This portion was substituted for the original by II. Ct. (A.S.) Notification No. X. 0216/42, dated 22nd June 1044.
31. The Exception with its proviso was inserted by Bombay H. H. Ct. (A.S.) No. 2025, dated 28th March 1928.
32. The word ―Subject as aforesaid‖ was inserted by Bombay H. Ct. (A.S.) Notification No. 2036 dated 30th August 1935.
33. The words ―Subject to the provisions of rule VI‖ were inserted by Bombay H. Ct. (A.S.)
Notification No. 2036, dated 30th August 1935.
34. These words were substituted for the words ―In execution proceedings the pleader’s fee to be allowed shall‖, ibid.
35. These words were included by Bombay H. Ct. (A.S.) Notification No. 2124, dated 28th April
1925.
36. Sub-clause (ii) and (iii) were substituted for the original sub-clauses by H. Ct. (A.S.)
Notification No. 2539, dated 23rd December 1932.
37. The figures ― 1920 were substituted for the figures ‖ 1907 dated 23rd December 1932.
38. Rule VI was inserted by H. Ct. (A.S.) Notification No.2 036, dated 30th August 1935.
39. Rule VI which was substituted for the original by H. Ct. (A.S.) Notification No. 311, dated 26th January 1929, was renumbered as rule VII by H. Ct. (A.S.) Notification No. 2036 dated 30th August 1935.
40. This proviso to rule VII was inserted by H. Ct. (A.S.) Notification No. 2036, dated 39th August 1935.
41. Rule VII was added by H. Ct. (A.S.) Notification No. P. 412/51 (II), dated 24th April, 1953, with effect from 1st June 1953.