65. Procedure for examination of proceedings by office before Registration.
- (i) Every Civil Appeal or Application or Memorandum of cross objections filed in any appeal shall be examined by the office as soon as possible after it is presented and the examination shall be completed within ten days from the date of presentation, provided that, in respect of the matters presented in the first week on the re-opening of the High Court after the summer vacation, the examination may be completed within twenty one days of the date of presentation.(ii)When the office finds that such appeal or application or memorandum of cross-examinations is incomplete or that there are other objections to the registration of the same, the office shall, as soon as the examination is complete, prepare in duplicate a memorandum of all such objections. Where the objection relates to the valuation of the claim in any memorandum of appeal or cross-examinations or in any application, or to the court fee to be paid thereon any copy of a document presented therewith, the office shall state what in its opinion is the correct valuation and what is the correct amount of court fee payable.(iii)(a)When the duplicates of the memorandum of objections prepared under sub- rule (ii) above in any matters are ready, the office shall within two days put up on the Notice Board a notice showing all such matters by their Stamp number, the District form which each matter arises and the name of the Advocate appearing in each matter. The notice shall bear the date on which it is out on the Notice Board and require the Advocates concerned to take delivery of the duplicates of the memorandum or objections from the office and to remove the objections with in 15 days from the date of the Notice. The date of the notice shall be prominently noted in the presentation form. A copy of the notice shall be supplied to the Gujarat High Court Advocate's Association. The posting of the notice on the Notice Board shall be deemed to be sufficient notice thereof to the Advocates and the parties. Save as otherwise provided in these rules all the office objections shall be removed within 15 days from the date of the notice.(b)A party not represented by an advocate presenting a memorandum of appeal, cross objections or application shall give an undertaking in writing on the presentation form to attend the office on a day stated by the office for receiving a copy of the memorandum of office objections. The office shall keep the duplicate copy of the memo of office objection ready and deliver it to the party if he attends on the stated day. If the party fails to attend on the day stated, the office shall immediately put up a Notice as prescribed in clause (a) of the Rule and the same obligations and consequences shall follow on the putting up of the notice as are specified in the said clause (a).(iv)(a)If the advocate does not remove the office objections within the time prescribed under sub-rule. (iii)(a) of this rule, the office shall place the matter before the court not later than a week after the expiry of the said period.(b)The Court may grant extension of time for or excuse delay in removing office objections having regard to the provisions of the Order XLI Rule 11A of the Code of Civil Procedure.(v)When the last day for removing any office objections falls during a vacation, it shall be removed on or before the reopening day after the vacation.
