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1971 Supreme(Cal) 32

D.BASU
BHUPATI BHUSAN DALAL – Appellant
Versus
REGISTRAR OF THE ORIGINAL SIDE – Respondent


Advocates Appeared:
BIRESWAR BHATTACHARJI, H.P.MUKHERJI, R.C.DE, R.C.KAR, S.C.DAS GUPTA, S.Ghosh

D. BASU, J.

( 1 ) THE Petitioner in this Rule is an Advocate enrolled under the Advocates Act, 1961. In his petition filed on 16-4-1969, he challenged the validity of Rule 22 of Chap. I of the "rules of the High Court of Calcutta (1914) --Original Side", on certain grounds. During the pendency of the Rule, the High Court, on 3-10-1969, amended Rule 1 of Chapter I of the said Rules, by inserting a Proviso to that Rule, which was published by the Registrar, Original Side, on 16-10-1969 (which will hereinafter be referred to as the 'proviso to Rule 1), with the leave of this Court, by order dated 29-9-1969. Since by that order the Registrar was also given permission to give effect to the said Proviso, corresponding leave was granted to the petitioner to so amend his petition as to comprehend the Proviso within the sweep of his petition.

( 2 ) THE Petitioner having accordingly amended his petition, the reliefs sought for by the petitioner at the hearing may be summarised as follows: (i) Rule 22 should be quashed and Respondent No. 1, the Registrar, Original Side should be restrained from giving effect to that Rule; (ii) The petitioner should be declared to be entitled to act for suit




























































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