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State of Gujarat - Section

Section 96 in Gujarat High Court Rules, 1993

96. Costs of printing, payment of costs, consequences of failure to pay.

- (i) The appropriate party shall, within 15 days of the date of the order directing the issue of notice or of the date of admission, as the case may be, pay in Court Fee-Stamps [or through e-payment system] [Inserted vide High Court Notification No.C.2002/93, dated 30.08.2016] for cost of printing Rs. 75/- per appeal and Rs. 25/- per memorandum of cross objections.
(ii)The registrar may grant time or excuse delay not exceeding 15 days in expedited matters and 30 days in other matters and if the printing charges are not paid within this time, the procedure prescribed in Chapter XII shall apply.
(iii)If the amount [as specified in sub- rule (i) is paid by a party in court-fees stamps or through e-payment] [Substituted vide High Court Notification No.C.2002/93, dated 30.08.2016.] and the memorandum of appeal and the judgments of the lower Court are, for any reason, not subsequently printed, or the amount paid is found to be in excess of what is required to be paid under the Rules, the Registrar shall, on a note or motion in that behalf by such party or his Advocate, grant to him a refund certificate enabling him to recover the value of such court fee stamps or such excess court fee stamps [or such amount paid through e-payment system] [Inserted vide High Court Notification No.C.2002/93, dated 30.08.2016.], as the case may be, provided that such note or motion is made before the final disposal of the appeal.
The printing charges paid by a party shall be included in his bill of costs except when the whole or a part of the charges is refunded or is liable to be refunded under this rule.When the whole or part of the printing charges or a part thereof is refunded or liable to be refunded, the office shall suitably amend the taxation of the printing charges and the bill of costs shall be prepared according to such amended taxation of the printing charges.
(iv)Seven copies of the papers specified in sub-rule (i) of rule 94 of this Chapter shall be got printed if there is only one respondent or only one set of respondents having the same interest. One additional copy shall be got printed for each additional respondent or set of respondents having the same interest. The respondents represented by a common advocate shall be deemed to have the same interest and the respondent not represented by an advocate shall be deemed to have a separate interest for the purpose of this rule.
(v)Each party or set of parties having the same interest shall be entitled to one copy of the print free of cost.
(vi)If the value of the subject matter in an appeal exceeds Rs. 20.000/- and if the appellant or appellants, or the respondent or respondents, have engaged two or more advocates two copies instead of only one copy shall be got printed for the appellant or appellants or the respondent or respondents, as the case may be, and shall be supplied free of cost.
(vii)The papers to be printed in an appeal shall not be sent for being printed until the expiry of one month from the date of service of the notice on the sole respondent or on the respondent who is served last, if there are more than one respondent.
(viii)If more than one copy of the print, or two copies of the print, as the case may be, required to be supplied free of cost under the provisions herein above, are required by an advocate representing a party or parties, or by a party not represented by an advocate, an intimation in writing as to the number of the additional copies required shall be given to the Registrar's office by the party or the advocate concerned before the papers required to be printed are sent to the Director, Government Printing and Stationery. The required number of additional copies shall then be got printed and each of the additional printed copies shall be charged for, [at the rate of Rs. 2/- per printed page, to be paid in Court Fee Stamps or through e-payment system] [Substituted vide High Court Notification No.C.2002/93, dated 30.08.2016.].