From My Book titled: PRACTICE & PROCEDURE, Supreme Court. (i) Qualification for enrollment as an Advocate-on-Record As provided in Order IV Rule 14 of the Supreme Court Rules 1980 read with Rule I of the said Order, an Advocate of five years standing in the Supreme Court shall be qualified to be registered/enrolled as an Advocate-on-Record, on making an application in this behalf to the Chief Justice and Judges of the Court. It is worth mentioning that appointment of Advocate-on-Record is sine qua non, if the party chooses to be represented by a advocate of Supreme Court, except where a party choose to act and plead in person or in the matter arising out of Jail petition when an advocate from the penal of amicus curie or counsel at state expense is provided by the Supreme Court and where appellant found to be a pauper. Further Rule 6 of Order IV of the Supreme Court 1980 exclusively empowers the Advocate-on-Record in respect of acting, appearance and pleading, which further reflects that “No Advocate other than an Advocate-on-Record shall appear or plead in any matter unless he (Advocate Supreme Court) is instructed by an Advocate-on-Record. It means all the interactions and coordination among the Parties, Registry Office, Advocate Supreme Court and the Court shall be taken by the Advocate-on-Record being possessing power of authority of the party to the matter. (ii) Duties and functions of Advocate-on-Record 1. Parties execute Power of Attorney in favor of AOR. 2. To get instructions from the parties concerned and convey the same to the Advocate Supreme Court 3. To make drafts of pleading including petition, appeal and other miscellaneous applications. 4. To complete the required record and documents in the matter 5. To prepare the paper books according to Index of the original file to be filed. 6. To issue pre-filing notices to the Respondents before filing the case. 7. To affix proper Court Fee on the pleadings to be filed. 8. To certify and submit affidavits in respect of authenticity of the documents annexed to the matter filed, to be true. 9. To file/institute the matter after fulfilling all the requirements under the Supreme Court Rules, 1980. 10. To remove office objection to the matter, if any, at filing stage 11. To present and re-file the matter in compliance with orders of the Registrar, if any. 12. To collect all the relevant information regarding the matter i.e. institution, registration and fixation. 13. To get informed the Advocate Supreme Court and the parties concerned about the status of the matter. 14. To coordinate among the Court, Registry’ Office, ASC and the parties concerned. (iii) Responsibilities of Advocate-on-Record Advocate-on-Record is responsible for taking all the interlocutory steps in completion of the matter during pendency including the followings. (a) Removal of deficiencies, (b) Con-donation of delay, (c) Completion of records (d) To defend or plead for Ex-parte as the case may be (e) To defend or plead for Setting aside ex-parte as the case may be (f) To file Caveat and make Enter-appearance as the case may be (g) To explain and reply to the Show Cause Notices of the Court (h) To get publication of notices as substitute service if required by the Court (i) To make compliance of the Court’s orders (j) To submit affidavits on any fact or point if required by the Court (k) To give permission for change of Advocate Supreme Court (l) To give instructions to the Advocate Supreme Court (m) To remain present in the Court where case has been listed for hearing (n) To argue the matter in absence of Advocate Supreme Court (o) To withdraw the matter on instructions of the parties concerned (p) To deposit and withdraw the amounts of cost and security if any. (q) To inform the parties concerned regarding the result of the matter.
Posted on: Fri, 05 Dec 2014 05:29:03 +0000
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