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State of Gujarat - Section

Section 138 in Gujarat High Court Rules, 1993

138. Procedure for preparation of Decrees.

- When a judgment initialed by the Judge or Judges delivering it is received in the office, the office shall:
(i)Prepare the draft of the decretal order on the Farad and also the draft of the bill of costs. The draft decretal order and the draft of bill of costs together with the copy of the judgment shall be sent to the Advocate's Room for the approval of the Advocates, concerned and a notice in that behalf also be put up in the Advocate's room.
(ii)If the draft decretal order and the draft bill of costs prepared by the office is approved by the Advocate the Advocate shall attest them in token of their approval.
(iii)If the Advocate do not approve the draft decretal order, or the draft bill of costs, they shall put in their notes of objection stating specifically the grounds of their objection after serving a copy thereof on the other side.
(iv)If the Advocates require any clarification or correction in the judgment, they shall put in their notes for speaking to the minutes on the Judgment stating specifically the clarification or correction sought therein after serving a copy of the note on the other side.
(v)If the Advocates fail to attend or to file their objections to the draft decretal order or draft bill of costs or to file a note for speaking to the minutes of the Judgment within fourteen days from the date on- which the matter was sent to the Advocate's Room and notified as above, or at least the same in token of their approval, the office shall prepare the decree and the final copy of the judgment which shall be signed by the Deputy Registrar and the bill of costs shall be finalised and signed by the Deputy Registrar and the Taxing Officer.
(vi)After the decree and the bill of costs are signed as prescribed in sub-rule (iv) above, no motion for amendment of the decree or bill of costs or for speaking to minutes on the judgment shall be entertained except on a regular stamped Application [or application with epayment receipt] [Inserted vide High Court Notification No.C.2002/93, dated 30.08.2016.] filed in that behalf. The Deputy Registrar, may, however, correct clerical or arithmetical errors in decree or order which are brought to his notice.