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"(i) A Law Clerk has got no right to act as a deed writer independently of his employer, that is, Advocate or Pleader.
(ii) A document drafted by a lawyer may be written out by his licenced clerk in view of the fact that the drafting and preparation of documents for registration being a part of the professional duties of a lawyer, the help and assistance or in other words the service of his licenced clerk in doing so, may be available to him."

The other impugned document is Annexure-B to the writ petition which is Memo No. 3073(11)/ D.W. dated the 9th December, 1992 issued by the District Registrar, Coach Bihar, clarifying that the lawyers' clerks have been forbidden to write any document independently, but as before there is no bar of writing documents by lawyers' clerks provided such document is certified by the concerned lawyer to the effect that the document has been drafted by him and such certificate is followed by the signature of the lawyer concerned and his registration number. Both these memos have been challenged by the deed writers in this writ petition on the ground that the lawyers' clerks are not entitled to write out any deed and as such the impugned memos authorising or permitting the lawyers' clerks to write out deeds drafted by their lawyers for registration are bad in law and, therefore, liable to be quashed. It is the further contention of the petitioners that the lawyers' clerks cannot do any work of deed writer in the Registration Office.

(iii) Any document drafted ,by, a lawyer shall at the end or bottom of the document, bear full name and signature of the legal practitioner in addition to his registration number and the name of the Bar Council to which he is attached. If the document contains more than one sheet, the initial of the lawyer shall be affixed on the margin of each such sheet or sheets."

4. It is true that the West Bengal Registration (Deed Writers) Rules, 1982 does not specifically say that a lawyer's clerk can write out a document which may be presented for registration. Now, if the writing of a document is a part of the exercise involved in the profession of a deed writer and if an advocate is permitted by law to engage himself in the profession of a deed writer without being required to obtain a deed writer's licence, the question that automatically arises in the context is whether an advocate who drafts a deed can get the deed written by his own licensed clerk instead of himself writing the same where such advocate has undertaken the task of preparing the concerned document or deed as a part of his professional work.

6. It may be noted here that while good hand writing is an eligibility requirement for a deed writer under Rule 5 of the Deed Writers' Rules, 1982 to obtain license, Rule 874(2) of the Civil Rules and Orders, Vol. I also requires that no person whose handwriting is illegible or bad shall be registered as a licensed clerk of advocate. The argument of the learned Advocate for the petitioners on this score is, therefore, futile.

7. In case of a type-written deed prepared by an advocate the deed is required to be signed by the typist who typed the deed, under Rule 18(ii) of the West Bengal Registration (Deed Writers) Rules, 1982 as quoted earlier, as well as by the Advocate who prepared the deed. In such case the deed writer does not at all come into the picture. Similarly, Rule 18(iii) of the said Rules also provides that when any document is drafted by a lawyer such document shall bear the full name and signature of the lawyer in addition to his registration number and the name of the Bar Council to which he is attached. This also visualises a situation where a lawyer drafting a deed in his professional capacity may get it written by his licensed clerk and it is not necessary that the Sawyer concerned, after preparing the draft in connection with his professional assignment, will have to send it to a licensed deed writer instead of getting the same written out by his own licensed clerk according to the draft prepared by him. Therefore, I find nothing wrong or illegal in the impugned circulars where it is stated that a document drafted by a lawyer may be written out by his licensed clerk. In such cases, however, the registration authorities may very legitimately require the licensed clerk writing out the deed, not only to record on the document; declaration under his signature that it has been written by him and disclose the particulars of his license as lawyer's clerk, but may also further require the clerk to record in-writing the name of the advocate whose licensed clerk he is. Similarly, the advocate concerned also may be required to certify on the deed that the same has been drafted by him and written out by his licensed clerk recording the name of such clerk.