SITASINH BABBANSINH Vs. VIRENDRA BAHUDAR BHADRIPRASAD

JUDGEMENT

(1.) Advocates or parties in any proceedings before the High Court are required to file documents as per Gujarat High Court Rules, 1993. In case of old matters, documents were to be filed as per Bombay High Court Appellate side Rules as applicable to the State of Gujarat. In both these Rules, there is a provision for supply of documents, Rule 55 of the Gujarat High Court Rule, 1993 reads as under:

(2.) In this matter, we pointed out to Mr. S.M. Shah, who is a senior Advocate in this Court to help the Court in reading some papers so that the Court can go through it. He conveyed that the papers are illegible and that he himself has the same grievance with the papers supplied to him. Young Advocate Mr. Rajput who is appearing on behalf of Mr. Dave is present in the Court, and we asked him to read some documents but he also could not read certain pages.

(3.) We have pointed out on number of occasions that if legible xerox copy is supplied in case of urgency, it might have been accepted for the time being by the Court, but the same should be replaced with typed copy. This is because xerox copy has a very limited span of life and it fades after some time. If the xerox copy taken is of the 2nd or 3rd carbon copy of a typed document, it becomes absolutely difficult to read. It is known to learned Advocates that if such documents are supplied in matters of detention, a argument is advanced that the order of detention is bad as documents supplied are not legible. If that be so, learned Advocate must place only legible, typed documents on record in matters filed before this Court. At the stage of admission, in view of urgency of a matter, the Court may accept legible xerox copy, but it does not mean that all Courts must accept xerox copies for all the time or that xerox copies are not to be replaced with legible, typed copies. It is the duty of an Advocate to file legible copies. If legible copies are not filed, it can be said that a matter is not filed as per the High Court Rules.