LexThe Gujarat Pleaders Act, 1920
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GOVERNMENT OF GUJARAT
LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT NO. XVII OF 1920
The Gujarat Pleaders Act, 1920.
(As modified upto the 31st October, 2012)
[1920 : Bom. XVII Gujarat Pleaders Act,1920
THE GUJARAT PLEADERS ACT, 1920.
....................................
CONTENTS
PREAMBLE PAGE
NO.
SECTIONS.
1. Short title and extent. 1
2. Definitions. 1
3. Classes of pleaders. 1
4. Sanads. 2
5. Extent and transfer of sanads. 2
6. Conditions of admission. 2
7. Where vakils of High Court are entitled to practise. 2
8. Where district pleaders are entitled to practise. 2
9. Appearance in civil court by unauthorised person for bidden. 2
10. [Repealed.] 2
11. Retaining fee. 2
12. Pleader not to act for party adverse to his client, and not to 2
refuse to act for his client without the permission of the Court.
13. Receipt to be given for documents. 2
14. Pleaders bound to attend on day fixed for proceedings except 2
in certain cases.
15. Pleaders not to give or take commission. 2
16. Pleaders not to take instructions except from client or 2
authorised agent, or accept employment through a tout.
17. [Repealed.] 2
18. Computation of taxed fee. 2
19. [Repealed.] 2
20. When fees of two pleaders may be taxed. 2
21. Cases where there are several parties having the same interest 2
or putting forward the same defence.
22. Taxation of costs in appeals to High Court. 2
23. Taxation of appeal to High Court. 2
24. Suspension or removal of pleader by High Court on conviction 2
of criminal offence.
25. Punishment of pleader by High Court for improper conduct. 2
26. Powers of District Court or Session in respect of improper 2
conduct of pleader.
27. Conduct of case in High Court against pleader. 2
28. [Repealed.] 2
29. Recovery of taxes fees. 2
30. Lion for taxed fees. 2
31. Rules. 2
32. Savings. 2
33. Pending cases. 2
1920 : Bom. XVII ] Gujarat Pleaders Act, 1920
34. Repeal. 2
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
[1920 : Bom. XVII Gujarat Pleaders Act,1920
BOMBAY ACT No. XVII OF 1920.1
[THE GUJARAT PLEADERS ACT, 1920.]
[13th December, 1920]
Repealed in part by Act 21 of 1926;
Repealed in part by Act 22 of 1926.
Amended by Bom. 11 of 1928;
Amended by Bom. 6 of 1929;
Amended by Bom. 18 of 1931.
Adapted and modified by the Adaptation of Indian Laws Order in Council.
Amended by Bom. 17 of 1945.*
Amended by Bom. 53 of 1949.
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 33 of 1954.
Amended by Guj. 15 of 2011.
An Act to consolidate and amend the Law relating
to pleaders in the Presidency of Bombay.
WHEREAS it is expedient to consolidate and amend the law relating to pleaders in the
presidency of Bombay; and whereas the previous sanction of the Governor General
required by section 79, sub -section (2), of the Government of India Act, 1915, has been
obtained for the passing of this Act; It is hereby enacted as follows:-
1. (1) This Act may be called the 1A[Gujarat] Pleaders Act, 1920.
(2) It extends to the whole of the Presidency of Bombay 2 * * 3 * *
2. In this Act, unless there is anything repugnant in the subject or context,-
(1) ― the High Court‖ means the Judicature at Bombay;
(2) ― court subordinate to the High Court‖ means any court, tribunal, or
person whose decree, order, decision or award is, or may he reafter be,
subject to the appellate or revisional jurisdiction of the High Court;
(3) ―pleader‖ means a pleader admitted under this or any previous Act, and
includes an attorney of the High Court appearing, pleading or acting for a
client, elsewhere than in 4[the Greater Bombay], but nothing in sections
3,4,5,6,11,12, 13, 24, 25,27or 30, shall apply to an attorney of the High
Court;
(4) ―district‖ means the local limits of the jurisdiction of a principal civil
court of original jurisdiction other than the High Court;
(5) ―the Letters Patent‖ means the Amended Letters Patent of the high Court
of Judicature for the Presidency of Bombay, dated the 28 th December
1865 subject to any amendments thereto and alterations therein made or
herein after to be made pursuant to clause 44 thereof or section 106 (1A)
of the Government of India Act;
(6) ―prescribed‖ means prescribed by rules made under this Act.
3. Pleaders admitted by the High Court under this Act shall be of two classes,
namely, vakils of the High Court and district pleaders.
4. (1) The High Court shall issue to every pleader on his admission a sanad in
form A or form B in Schedule II, as the case may be, or in such other
form as the High Court may prescribe.
(2) In the case of the sanad of a district pleader, the name of the district 1[or
districts] for which the sanad is available shall be specified therein.
5. (1) No district pleader shall hold a sanad in respect of more than one district
at the same time:
2[Provided that when a district for which a sanad is to be issued comprises any area
which for the purposes of administration of revenue or criminal justice or both is also
included in any other district the sanad may be held in respect of both such districts.]
5 and 6, Geo 5, s.
61.
Short title and
extent.
Definitions.
Classes of
pleaders.
Sanands.
Extent and
transfer of
sanands.
1920 : Bom. XVII ] Gujarat Pleaders Act, 1920
(2) On the application of a district pleader holding a sanad which is available
for any district the High Court may from time to time, by endorsement
on such sanad, render the same available for any other district.
(3) A pleader holding a sanad din respect of any district may appear, plead
and act for a client in any particular civil proceeding in a Court of any
other district with the previous written authority of the District Judge in
such other district.
6. (1) Any person who is duty qualified and is of good moral character and is
not in Government service shall be entitled to be admitted as a pleader.
(2) The number of pleaders shall not be limited.
(3) If a pleader after obtaining a sanad acc epts Government service, he shall
not be entitled to practice whilst in service, even if he be on leave.
7. (1) Subject to the provisions of any law for the time being in force and with
respect to right of vakils of the High Court to practice in the High Court ,
subject to any rules for the time being in force under clause 10 of the
Letters Patent, a vakil of the High Court shall be entitled to practice-
(a) in the High Court;
(b) in any court subordinate to the High Court
(c) before the tribunal of appeal constituted under the 1[City of
Bombay Improvement Act, 1898;
(d) in or before any other court, tribunal or person in or before which
or whom vakils of the High Court are or may hereafter be entitled
by law to practice ;
(e) before any public officers in any of the following proceedings:-
an investigation held in accordance with the first paragraph of section 73 and on appeal
under section 77 of the Bombay Hereditary Offices Act; proceedings under section 87 of
the Bombay Land Revenue Code, 1879;
proceedings before a Tribunal of Arbitration under the Bombay Town Planning Act,
1915;
such proceedings under any enactment in force in the Bombay Presidency as the
2[Provincial Government], by notification in the 3[Official Gazette] may specify.
(2) The provisions of sub -section (1) shall apply, mutatis mutandis, to
attorneys of the High Court.
8. Subject to the provisions of any law for the time being in force, district pleader
shall, within the district 4[ or district ] in respect of which he holds a sanad, be
entitled to practice—
(a) in such civil court or courts as the District Judge may from time to time
assign to him;
(b) in any criminal Court;
(c) in or before any other court, tribunal or person in or before which or
whom district pleaders are or may hereafter be entitled by law to
practice; and
(d) before any public officer in any of the following proceedings:—
an investigation held in accordance with the first paragraph of section 73 and an appeal
under section 77 of the Bombay Hereditary Offices Act;
proceedings under section 87 of the Bombay Land Revenue Code, 1879;
proceedings before a Tribunal of arbitration under the Bombay Town Planning Act,
1915;
such proceedings under any enactment in force in the Bombay Presidency as the
[Provincial Government] by notification in the 2[Official Gazette], may specify.
9. No person shall appear, plead or a ct for any party in any civil proceeding in any
court unless he is a pleader as defined in this Act and is entitled and duly
empowered to appear, plead and act for such party in such proceeding:
Provided that nothing in this section shall apply—
(a) to any party appearing, pleading or acting on his own behalf, or
appearing or acting by his recognized agent as defined in rule 2, Order III
Conditions of
admission.
Where vakils of
Hugh Court are
entitled to
practice.
Bom. IV of 1898.
Bom. III of 1874.
Bom. V of 1879.
Bom. I of 1915.
Where district
pleaders are
entitled to
practice.
Bom. III of 1874.
Bom. V of 1879.
Bom. I of 1915.
Apperance in
civil court by
unauthorized
person for
hidden.
V of 1908.
[1920 : Bom. XVII Gujarat Pleaders Act,1920
of the Code of Civil Proceeding 1908, or
(b) to any advocate of the High Court.
10. [Cases in which vakalatnama is required] Repealed by Act 22 of 1926, 3
11. (1) A party engaging a pleader shall pay him a retaining fee of an amount
not less than one rupee.
(2) Where a party fails so to do, the pleader shall demand such fee and shall
not perform any services for such party until the fee has been paid.
(3) Every pleader receiving such fee3[shall, at the time when such fee is
received by him, give] a receipt in writing for the same specifying the
date of receipt.
12. No pleader after accepting a retaining fee shall without the permission of the
Court—
(a) appear, plead or act, or agree so to do, on behalf of any other party whose
interest in the case is adverse to that of his client, or
(b) refuse or omit to appear, plead or act for his client.
13. Every pleader receiving a document of any kind from his client shall—
(a) on demand give a receipt in writing for such document at the time when
he receives it, and
(b) subject to the provisions of section 30 return such document if his client
requires the same and gives a receipt in writing therefore.
14. (1) A pleader shall be bound to attend in court on any day which, by notice
duly given or in accordance with the practice of the court, is fixed for the
hearing of a proceeding in which he is employed.
(2) Where a pleader employed in ant such proceeding is, from indisposition
or any other reasonable cause, unable to attend on such day or at the time
when the proceeding is called on, he shall notify the same to the court
and thereupon the proceeding shall be stayed for such time as the court
may deem reasonable:
Provided that in proceeding in which a party is represented by more than one pleader
and one of such pleaders is present the court may proceed therewith.
(3) In any proceeding in which a pleader ceases, temporarily or permanently
to act for his client, because he has accepted Government service, or has
been permitted to withdraw from the proceeding, or has been suspended
or dismissed, or has died, or for any other reason, the proceeding shall be
stayed for such time as the court may deem reasonable.
15. No pleader shall tender, give, retain or consent to retain any gratification for
procuring or having procured the employment of himself or any other pleader in
any legal business.
16. No pleader shall-
(a) take instruction in any proceeding except from the party on whose behalf
he is retained or from some person who is within the meaning of the
Code of Civil Procedure, 1908, the recognized agent of such party, or
from some person authorized by such party to give such instruction, or
(b) accept any employment in any legal busines s through a person who has
been proclaimed as a tout.
17. [Fee may be settled by private agreement] Repealed by Act 21 of 1926, s. 6.
18. (1) Where costs are awarded to a party in any proceeding, the amount of the
pleaders’ fee to be taxed in the bill of costs as recoverable by such party,
if represented by a pleader, from his adversary, shall be computed in
accordance with the rules in Schedule III unless such fee has been settled
under the provisions of section 1[3 of the Legal Practitioners (Fees) Act,
1926] for a lesser amount in which case no more than such lesser amount
shall be recoverable.
(2) Nothing contained in sub-section (1) of this section or in section 20 shall
apply to fees payable to pleaders in the Court of Small Causes of
Retaining fee.
Pleader not to act
for party adverse
to his client, and
not to refuse to
act for his client
without the
permission of the
Court. Receipt to
be given for
documents.
Receipt to be
given for
documents.
Pleaders bound
to attend on day
fixed or
proceeding except
in certain cases.
Pleaders not to
give or take
commission.
Pleaders not to
take instructions
except from client
or authorized
agent, or accept
employment
through a tout.
Computation of
taxed fees.
1920 : Bom. XVII ] Gujarat Pleaders Act, 1920
Bombay.
19. [Amount payable by client to pleader.] Repealed by Act 21 of 1926, s.6.
20. (1) Where a party has, before the first hearing of a proceeding, engaged
more than one pleader, the fees of two plead ers may be taxed in the bill
of costs in the following cases:-
(a) in any original suit, of which the amount or value of the subject -
matter exceeds Rs. 2[10,000], in any court subordinate to the High
Court;
(b) in any contested proceeding under the 2Indian Succession Act,
1865, the 3Probate and Administration Act, 1881, or the 4Land
Acquisition Act, 1894, of which the amount or value of the
subject-matter exceeds [Rs. 10,000, in any court subordinate to
the High Court;
(c) in any appeal to the High Court, from a decree deciding on the
merits any suit or any contested proceeding of the kind referred to
in clause (a) or clause (b);
(d) in any suit of which the amount or value of the subject -matter 1[is
Rs.10,000 or less] where the court certifies by order in writing
that the fees of two pleaders may be taxed;
Provided that nothing in this section shall affect suits or appeals by paupers, or suits
or appeals governed by the Dekkhan Agriculturists Relief Act, 1879.
(2) Except in the cases specified in this section, a party employing more than
one pleader shall not be entitled to recover from his adversary more than
one set of pleader’s fees.
21. Where in any proceeding there are several parties having the same interest or
putting forward the same defence they shall not, if awarded costs, be allowed
more than one set of pleaders’ fees on party and party taxation unles s the Court
otherwise directs.
22. In any civil appeal or application to the High Court from the decree or order of a
court, subordinate to the High Court, if costs between party and party are
awarded by the High Court, such costs shall be taxed by an officer of the High
Court and included in the bill of costs attached to the decree or order of that
Court in the prescribed manner.
23. In any court subordinate to the High Court situate elsewhere than in 2[the Greater
Bombay], the amount of the pleader’s fee to be taxed in the bill of costs attached
to the decree or order of that Court shall not be in excess of the amount computed
in accordance with the rules in Schedule III;
Provided that nothing in this section shall apply to bills of costs framed under the
provisions of the 3Indian Companies Act, 1913.
24. The High Court may suspected or remove from practice a pleader who has been
convicted by any criminal court in *4India of a criminal offence implying a defect
in his character which in the opinion of the High Court renders him unfit to be
pleader.
25. On the application of the Government Pleader in the High Court, or on a report
from a District Court of Session, or from the Chief Judge of the Court of Small
Causes of Bombay, or from the Chief Pres idency Magistrate for Bombay, or
otherwise, the High Court may suspend or remove from practice, or may fine or
reprimand, a pleader on reasonable cause.
26. Wherein appears to a District Court or Court of Session or to the Chief Judge of
the Court of Small Causes of Bombay, or to the Chief Presidency Magistrate for
Bombay, that a pleader has been guilty of neglect of duty or of a violation of any
of the provisions of this Act o r of any other improper conduct, such court may
hold an inquiry regarding such conduct and report the result of such inquiry to
the High Court.
27. (1) Where any case under section 24, section 25 or section 26 is heard by the
High Court Advocate General or such counsel or pleader as may appear
for the Crown shall argue the case against the pleader against whom the
allegation is made, and such pleader may appear in person or by counsel
or pleader.
When fees of two
pleaders may be
taxed.
X of 1865.
V of 1881.
I of 1894.
Cases where
there are several
parties having the
same interest or
putting forward
the same defence.
Taxation of cost
in appeals to
High Court.
Taxation of costs
in mofussil
courts.
VII of 1913.
Suspension or
removal of
pleader by High
Court on
conviction of
criminal offence.
Punishment of
pleader by high
Court for
improper
conduct.
Powers of district
Court of session
in respect of
improper conduct
of pleader.
Conduct of case
in High Court
against pleader.
[1920 : Bom. XVII Gujarat Pleaders Act,1920
(2) In any su ch case the High Court may make such order as to costs as it
thinks fit.
28. [Legal proceedings against pleaders not affected.] Repealed by Act 21 of 1926,
s. 6.
29. A pleader whose bill of cost has been taxed may apply to the Court b y which or
by whose officer the same has been taxed, for an order against his client for the
sum allowed on taxation or such sum as may remain due. The Court may make
such order or may refer the pleader to a suit.
Any such order may be executed under order 21 of the Code of Civil Procedure, 1908, as
a decree for money.
30. In every matter in which costs are due to a pleader by his client which have been
or are capable of being taxed the pleader shall as against his client be entitled to a
lien for the amount of such costs, as taxed, upon-
(a) all documents come into his possession in the course of his engagement
in connection with such matter, and for which he has given a receipt in
accordance with the provisions of section 13 (a) and
(b) all movable property recovered or preserved by his exertions in such
matter.
31. (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 for m 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 a mount 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 e ffect 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 for ms 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 (inc luding 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 subject -
matter in dispute in the suit, appeal, application or proceedings a t 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 s hall 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 V I] 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 th e 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 exceedin g 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 Mamlatd ar 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 r ule 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 re pealed 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 wo rds ―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 Apr il, 1953,
with effect from 1st June 1953.