Section 80 in Rules of the High Court of Judicature for Rajasthan, 1952
80. No right to have a case put of its place in Day's List owing to Advocate's engagement elsewhere.
- No party shall have the right to have a case put out of its place in the Day's List on the ground that his Advocate or his brief-holder is engaged before another Bench.The Bench may, however, order any case other than a miscellaneous case or application or a case which is fixed for hearing under rule 11 of Order XLI of the Code to stand out of its place in the List if such Advocate or brief-holder is alone in the case and is actually arguing a case before another Bench or is alone in a case that is actually being heard by another Bench and has, before the case is called on, given information in writing to the Bench Reader that he is so engaged before the other Bench. A case will, however, not ordinarily be so put out of its place in the List unless there is another case in the List in which the parties or their Advocates are ready and present in the court room so that the case may be proceeded with at once.It shall be the duty of the Advocate as soon as the case in which he is engaged in the manner indicated above in another Bench is over to inform the Bench Reader accordingly.A case shall not ordinarily be put out of its place in the List under this Rule more than once.
