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State of Gujarat - Section

Section 95 in Gujarat High Court Rules, 1993

95. Printing of Appeal paper book and supply of copies where printing is disposed with.

- (i) In appeals other than those mentioned in sub-rule (11) below, the title-sheet, the substance and the grounds of appeal in this Court together with any note as valuation made by the Advocate or the party below the memorandum of appeal, and the judgment of the lower court ( and in the case of appeals from appellate decrees, the grounds of appeals from appellate decrees, the grounds of appeal or cross-objection, if any, in the lower appellate court and the judgment of the trail Court) shall be got printed in the order mentioned. Cross objections in appeals in which printing is required shall also be printed and shall be placed immediately after the grounds of appeal in this Court.
(ii)Printing shall be dispensed with in Appeals from Order, Appeals under the Special Act and expedited specially fixed Appeals.
(iii)The Registrar may dispense with the printing of formal judgments, in group matters where the reasons are given in the judgment in the main matter and in Cross appeals or Joint appeals, where the judgment is to be printed in the main appeal. Notwithstanding the printing of the formal judgment being dispensed with under this Rule or filing of certified copy of the judgment being dispensed with under any other Rule, full printing charges of Rs.75/- shall be levied from the appellant in each appeal other than the appeal in which the main judgment is printed. The office shall indent for the printing of sufficient number of copies in the main matter for being supplied to all the parties in group Appeals.
(iv)The court may on the motion of any party dispense with printing in appeals in which the printing is prescribed by this rule. In appeals where the printing has been dispensed with by the order of the court and in appeals where printing is not prescribed under these rules, the appellant shall unless otherwise ordered by the Court supply to the office four typed paper books containing the paper specified in sub-rule (1) in the order therein mentioned, provided that where sets of paper books have been supplied by the appellant in a Letters Patent Appeal either at the stage of admission or after the grant of certificate under the Letters Patent, he shall not be required to file any further paper books under this clause. The office shall prepare three separate copies of title sheets, the substance and the grounds of appeal together with the grounds of cross objection if any, for the engrossing of the decree and the Farad. On payment of Rs. 25/- the paper books and the copies shall be typed on the thick bond paper and supplied within two months of the order directing notice to issue or the order dispensing with printing or within such time as the court may direct.
(v)Where printing is dispensed with by an order of the Court on the motion of the respondent the Court may direct the respondent to furnish the paper books and copies referred to in sub-rule (iv) in which case the party so directed will supply the paper books and the copies in the manner and within the time mentioned in sub-rule (iv).
(vi)The party concerned shall in addition furnish to each of the Advocates appearing for the opposite parties a copy of the paper book neatly typed on foolscap paper, and where the opposite parties appear in person, deposit in the office such copies for the use of each of the opposite parties.
(vii)Delay in complying with sub-rules (iv) to (vi) may be excused by the Registrar up to a period of one month in case of expedited matters and two months in other matters. If copies of the paper books are not supplied within this time, the procedure prescribed in Chapter XII shall apply.