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Report No. 188

(C) Dispensing with individual service of notice to respondents in pending appeals against decrees or orders passed by learned single Judges in the High Court

In the pending appeals against decrees or orders passed by learned single Judges in the High Court, where notices have not been served on the respondents, the following procedure which is followed in some of High Courts (e.g. Andhra Pradesh, Tamil Nadu, Kerala and Karnataka) should be followed. If parties have been represented by counsel before the single Judge, his name will be printed automatically in the cause-list and he must appear. He shall be given time to obtain necessary instructions from the parties concerned. This procedure saves a lot of time.

Further, if the main suit is pending and the same lawyer is representing the parties in the main suit and if he has appeared in the interlocutory matters before the learned single Judge, notice must be served on the same counsel. (In fact, vakalat forms in the above High Courts contain a clause that the vakalat filed in the High Court for appearance before a learned single Judge will enure for the purpose of an appeal against the decree or order before a Division Bench). This procedure is confined to pending appeals in the High Court. So far as the future is concerned, inasmuch as the pending appeals are to be dealt with in the High Court by a Division Bench, this problem does not arise.



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