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State of Gujarat - Section

Section 434 in Gujarat High Court Rules, 1993

434. Bar against appearance of Certain Advocates in Certain case.

(1)Except when specially authorised by the Court or with the consent of the party, no advocate, who has advised in connection with the institution of a suit, appeal or other proceedings or has drawn up pleadings in connection with such matter, or has during the progress of any suit, appeal or other proceeding appeared, acted or pleaded for a party, shall, unless he first gives the party whom he has advised or for whom he has drawn up pleadings, appeared, acted or pleaded, an opportunity of engaging his services, appear or act or plead in such suit, appeal or other proceeding or in an appeal or application for revision arising there from or in any matter connected therewith for any person whose interest is in any manner in conflict with that of such party :Provided that the consent of the party may be presumed if he engages another advocate, to appear, act or plead for him in such suit, appeal or other proceedings without offering an engagement to the advocate whose services were originally engaged by him or on his behalf.
(2)Where it appears on the face of the record that the appearance of an advocate in any proceeding for any party is prejudicial to the interest of the other party on account of the reasons mentioned in sub-rule (1) above, the Court may refuse to permit the appearance to be filed or cancel such appearance if it has already been filed, after giving the said advocate an opportunity of being heard.