AMRUTLAL POPATLAL PARMAR Vs. RAGISTRAR

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioner has prayed that the order passed by the Registrar refusing to grant permission to the petitioner to appear as party-in-person in Special Civil Application No.11795/2017 be set aside.

(2.) Heard Mr. Amrutlal Popatlal Parmar, who appears as party-in-person and learned advocate, Mr. Hemang M. Shah for the respondents.

(3.) The party-in-person submitted that the Registrar General of the respondent has issued certificate in Special Civil Application No.11795/2017 as per Rule 31-A of the Gujarat High Court Rules, 1993, wherein it is stated that the petitioner herein is not competent to assist the Court in person and, hence, he is advised to engage an advocate of his choice or to approach the High Court Legal Services Committee for legal aid. It is submitted that the party-in-person is required to be permitted to submit his case even in Gujarati and, therefore, the certificate issued by the Registrar General be set aside. In support of his contention, the petitioner has placed reliance upon Section 32 of the Advocates Act, Article 226 of the Constitution of India and Order 3, Rule 1 of the Civil Procedure Code, 1908 as well as the order dated 20.08.2018 passed by the Division Bench in Letters Patent Appeal No.150/2018. Referring to the order dated 20.08.2018 passed by the Division Bench in Letters Patent Appeal No.150/2018, the petitioner has submitted that the petitioner has also been granted permission to file fresh petition and, therefore, the present petition is filed.