GULAB RAM Vs. GANAURI SAO

JUDGEMENT

(1.) The learned Counsel for the respondent No.3 has informed this Court by his letter dated 9.3.1998 about the death of his client. The Registry has raised objection to the effect that the said information submitted by the learned Counsel is not supported by an affidavit.

(2.) Under Order 22, Rule 10A. Civil Procedure Code, an Advocate appearing for a party is only required to inform the Court about his client's death. Such an information can be given orally if the case is listed in the Court. But if the case is not listed, the Advocate can inform the Court about the death of his client simply by a letter. The information so given by him need not be supported by an affidavit.

(3.) The learned S.C.I has invited attention of the Court to Chapter 3 of the Rules of the Patna High Court, according to which, every application and petition must be supported by an affidavit. Under Rule 10A, Order 22. Civil Procedure Code, no application is required to be filed by the Advocate. As mentioned above, only the information about the death of his client is required to be given by him to the Court. The Pleaders/Advocates are not expected to file their own affidavits in Courts unless called upon by the Court to do so. The objection raised by the Registry about the non-filing of affidavit in support of the letter of the learned Counsel for respondent No. 3 is accordingly rejected. The learned Counsel for the appellants states that the other defects regarding deposit of deficit Court fees of Rs. 5/- will be made good within a week. Order accordingly.