ORDER 1. Heard. 2. This petition is tiled by the petitioner, who is an Advocate, for expunging the remark passed by the Second Additional District Judge, Shivpuri in Civil Execution Case No. 7/2005. In para 10 of the said judgment the Court has passed certain remarks against present petitioner who was appearing as an Advocate for the respondents in the trial Court and he refused to take notice on behalf of the respondents. 3. After perusing para 10 of the said order 1 find that the remark passed by the Court below in para 10 of its judgment was wholly unwarranted. The Advocates are appointed for appearing in the Court under the provisions of Order 3 Rule 4, CPC and sub-clause (3) of Sub-rule 2 of Rule 4 of Order 3 of the Code of Civil procedure, which clearly provides that a pleader is authorised for accepting the notice or documents issued by the Court for which he was engaged by the parties for appearance. There is no provision under Order 3 Rule 4, CPC whereby an Advocate who was appearing in the trial Court can be compelled in the appellate Court in any other proceedings where he is not engaged. In such circumstances passing of remarks against an Advocate cannot be sustained in the eye of law. Moreover, the said remarks are passed without affording any opportunity of hearing to the counsel. In such circumstances the remarks passed against the Advocate in the impugned order, Annexure P-1, particularly in paras 8 and 10 are quashed. 4. With the above observation and direction this petition stands disposed of.