Gujarat High Court Lawyers Approach Chief Justice Over Difficulties Faced In Curing Defects While Filing Petitions

Lawyers in Gujarat High Court on Thursday (October 9) expressed their concern to Chief Justice Sunita Agarwal with regard to difficulties arising in removal of objections while filing petitions and listing of matters. 

This they said stems from a September 15 notification which prescribed that minor corrections, alterations or deletions can be done by filing draft amendments under the signature of the Advocate/Party-in-Person, which shall be subject to approval by the Registrar (Judicial).

Various lawyers gathered before a division bench of Chief Justice and Justice DN Ray and raised their grievances over difficulties faced in curing errors.

One of the lawyers said, "With a heavy heart I'm here to apprise about the difficulties faced by the lawyers and clerks for the office objections concerned." He submitted that minor mistakes are being objected to, objections are continuing and matters are not being numbered. He requested that the old system of curing defects be resumed. 

The Chief Justice however responded that a new notification— modifying the September 15 notification— has been issued. Consequently, now, draft amendment correcting minor corrections shall be placed before the Court and not the Registrar (Judicial).

"There was a decision of the committee which I think had created some problems for the lawyers which I have modified, after I came to know about that. This was not into my knowledge at all. As soon as I came to know that those matters where draft amendments were filed are being placed before registrar judicial. Registrar judicial is burdened with 100 cases on daily basis. So i said why would you do it. Registrar Judicial was trying to manage to the best of his ability. There was a decision of committee was modified that as soon as you file draft amendment, and they will be scrutinized like the main matter and will be placed before the court and then it is for court to decide whether to allow the draft amendment or not. That one line written there was creating problem. That came to my knowledge only yesterday...If it is still posing any kind of problem you can let me know".

So far as pending matters for scrutiny are concerned, the Chief Justice said she is taking it up almost everyday.

"There is some rush. From (October) 6th onwards there is inflow of more than 100 matters on a daily basis...I have instructed the Registrar general and Registrar judicial, they are working with extra force to manage sudden inflow of matters and they have assured me that by today tomorrow and Saturday everything will be streamlined," the Chief Justice said.

Another counsel said that the difficulty faced by him in a civil application was that, draft amendment was moved for curing and but it was rejected stating that the defect was in the affidavit. Chief Justice said that the draft amendment will now go to the court. 

The counsel said that for typographical errors, the filing of lawyer's undertaking can be given effect to immediately so that a lot of burden can be removed. He said that the registry is still raising errors for not filing typed copy. 

"Just write a one page application that matter be placed before the court concerned and in case of any objection we will provide a typed copy," the Chief Justice said. 

The counsel then said that the registry is raising objections for objections in delay condonation applications, where it is not permitting the correction of the number (number of days in delay) without a typed copy and it is not accepting hand-written corrections. 

"That has to be permitted. If you give these things in writing by lunch I will instruct...point by point. If any individual problem is coming in implementation of SOP, then SOP is not to be scrapped; problem has to be solved. If in case you are facing any difficulty, then please come to me. It is always a collective effort of the bar and bench for smooth functioning of the high court". 

The counsel also said that the new notification notified today is good enough and any other issues he shall give it in detail by lunch time today.

Meanwhile, on Wednesday (October 8) the Gujarat High Court Advocates' Association wrote to the Chief Justice of India BR Gavai raising their grievance over the issue of difficulties in curing of defects, further seeking transfer of the High Court Chief Justice stating that it was only after her elevation to the high court as Chief Justice that "the problems escalated resulting in the current situation" where main sufferers are litigants and advocates. The letter seeks a personal audience with the CJI for resolving the problem. 

Click Here To Read/Download Modified Notification