Madhya Pradesh High Court Mandates Parties To Engage A Local Advocate While Instituting A Case

LATEST DEVELOPMENT IN MP HIGH COURT

• In a first of its kind development, the High Court of Madhya Pradesh made it mandatory for a party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior in a case instituted at such place, to also engage a local advocate.
• Notification dated 02/10/2020 was published in the Madhya Pradesh Gazette
• The said Notification made amendment to Rule 3 of Chapter-VIII of the High Court of Madhya Pradesh Rules, 2008
• Cases filed by the Advocates not stationed at Jabalpur, Indore and Gwalior will be put in default category, if a local counsel has not been engaged
• The move is aimed at increasing engagement of local advocates at the three Benches of the High Court of Madhya Pradesh viz. Jabalpur, Gwalior and Indore.

EARLIER RULE

• Before the said amendment, the Rule 3 of Chapter VIII also required a party to engage a local advocate to appear, act and plead.
• Rule 3 of Chapter VIII of the High Court of Madhya Pradesh, 2008, prior to the aforesaid amendment read: “A party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior in a case instituted at such place, shall also engage a local advocate to appear, act and plead."
• However, the online system of filing cases was giving permit to all the advocates in the State to file a case at Principal Seat in Jabalpur without engaging a local counsel.

NEW AMENDMENT

• The Rule 3 of Chapter VIII of the High Court of Madhya Pradesh, 2008, as amended vide Notification dated 02/10/2020, reads: “A party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior in a case instituted at such place, shall also engage a local advocate to appear. "
• Further, for implementation of the Rule, another Notice dated 10/11/2020 directed that cases filed by the Advocates not stationed at Jabalpur, Indore and Gwalior will be put in default category, if a local counsel has not been engaged.
• Notice dated 10/11/2020 reads: “As directed, Cases filed by the Advocates not stationed at Jabalpur, Indore and Gwalior will be put in default category, if a local counsel has not been engaged therein in view of amended Rule 3 of Chapter-VIII of the High Court of Madhya Pradesh Rules, 2008”

ABOUT THE MP HIGH COURT

• The High Court of Madhya Pradesh was initially established as the Nagpur High Court on 2 January 1936 by Letters Patent dated 2 January 1936
• Later, through State Reorganization Act, 1956, it became the High Court of Madhya Pradesh with seat at Jabalpur
• The Court has three Benches, the Principal seat being at Jabalpur and two benches respectively at Gwalior and Indore.
• The Benches at Gwalior and Indore were initially constituted as temporary Benches in 1956, but were later established as permanent in 1968.