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Madhya Pradesh High Court Makes It Mandatory For Parties To Engage A Local Advocate While Instituting A Case

Sparsh Upadhyay
13 Nov 2020 11:51 AM GMT
Madhya Pradesh High Court Makes It Mandatory For Parties To Engage A Local Advocate While Instituting A Case
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The Madhya Pradesh High Court on Tuesday (10th November) issued a notice making it mandatory for "a party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior in a case instituted at such place, to also engage a local advocate."Significantly, vide amendment published in Madhya Pradesh Gazette Notification dated 2nd October, 2020, the provision of Rule 3 of Chapter-VIII of the...

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The Madhya Pradesh High Court on Tuesday (10th November) issued a notice making it mandatory for "a party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior in a case instituted at such place, to also engage a local advocate."

Significantly, vide amendment published in Madhya Pradesh Gazette Notification dated 2nd October, 2020, the provision of Rule 3 of Chapter-VIII of the High Court of Madhya Pradesh Rules, 2008, has been amended as under:-

"A party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior in a case instituted at such place shall also engage a local advocate to appear."

Further, the Notice issued by the High Court makes it clear that "cases filed by the Advocates not stationed at Jabalpur, Indore and Gwalior will be put in default category, if a local counsel has not been engaged therein in view of amended Rule 3 of Chapter-VIII of the High Court of Madhya Pradesh Rules, 2008." (emphasis supplied)

Earlier, the said Rule 3 of Chapter-VIII of the High Court of Madhya Pradesh Rules, 2008 was as under

"A party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior in a case instituted at such place, shall also engage a local advocate to appear, act and plead."

It may be noted that in July 2020, High Court Bar Association's executive member Yash Soni had written a letter to the then Chief Justice, seeking fresh directions to the registry to comply with the provisions of Section 3 of Chapter VIII of the High Court of MP Rules 2008.

In other words, Soni had sought fresh directions to make it obligatory to engage a Local Council practising at Jabalpur to institute/file a fresh Case before the Hon'ble High Court of MP, Principal Seat at Jabalpur.

In the letter, it was also stated that,

"The online filing of fresh cases is giving a permit to all advocates of the entire State to file any case before the Hon'ble High Court without engaging a Local Council from Principal Seat of Jabalpur and the procedure of permitting online e-filing to every Advocate of the entire MP is not only hampering the practice of all Advocates whose 'Place of Practice' is registered at Jabalpur but is also contrary to the High Court of MP Rules 2008."

Now, in view of the latest Notice, in effect, without the appointment of a local lawyer, it will not be possible to file a case at any of the Benches of the Madhya Pradesh High Court.

Click Here To Download Notice 

[Read Notice]



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