AoRs Appearing For Answering Respondents In SLPs Not Entitled To Copies Of Pleadings, Says SC Registry [Read Order]

The Supreme Court Registry has made it clear that the Advocates on Record are not entitled to be served with a copy of pleadings, if their clients have received the copies.

Advocate-on-record Varinder Kumar Sharma had taken a contention before the Registry that, as per rules and practice of Supreme Court, after the notice of service on the respondents in Special Leave Petition and after filing of vakalatnama by the Advocate-on-record, he is entitled to get copy of two sets of paper books from the petitioner so that he may be able to file counter affidavit. Reference was made to Order XX Rule 14 to contend that each party who has entered appearance shall be entitled to two copies of the record for his own use.

But the registry noted that Order XX deals with Criminal Appeals and thus will not be applicable to the proceedings for Special Leave Petitions (Civil), which is processed in terms of Order XXI of Supreme Court Rules, 2013. All the notices are to be served in the manner as provided by the Civil Procedure Code, the registrar noted. Registrar Anil Laxman Pansare said:

Secondly, the term 'Record' mentioned in Rule 14 of Order XX is in connection with the record prepared in terms of orders of the Court. The provisions relating to Preparation of Record would find place in Order XX Rule 7 to Rule 13. In the present case, learned advocate could not point out that the stage has come for preparation of record in terms of Order XX. In fact, no such stage is provided in Order XXI of Supreme Court Rules, 2013. In absence thereof, there arises no question of supplying two copies of the record to respondents as argued by Ld. advocate for the respondents. Thus the provision under Order XX Rule 14 is of no help to respondents.

It was further observed that, in this case, the copy of SLP is/was served upon answering respondents and therefore it is the duty of said respondents to furnish copy of petition to their advocates. The Registrar added:

"Put altogether the insistence of learned advocate for the answering respondents that advocates on record are entitled for complete set of pleadings after having tendered their appearance is devoid of merit. Learned advocate would repeatedly submit that practice prevailing in Supreme Court is that after entering appearance for respondents, advocate appearing for the petitioner would serve copy of entire set of pleadings upon the respondents to enable them to file counter affidavit. 

If such practice is indeed prevailing in Supreme Court, nothing prevent learned advocate for the parties to continue with the said practice, however, orders cannot be sought from the Court, as of right, to direct petitioner to serve copy of pleadings upon the advocate appearing for the respondents, unless it is pointed out, through cogent material that the respondents have not received entire set of pleadings. Hence, request made by answering respondent to direct petitioner to supply copy of pleadings is rejected." 

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