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State of Rajasthan Vs. Bal Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberD.B. Civil Special Appeal No. 156/82
Judge
Reported in1982WLN(UC)352
AppellantState of Rajasthan
RespondentBal Singh and ors.
Excerpt:
rajasthan high court rules - rules 134 & 156--special appeal not accompanied with certified copy of judgment--defect not removed though considerable lime was allowed--held, there is no justification for dispensing with certified copy of judgment.;the defect that the certified copy of the judgment has not been filed, has not been removed as jet though considerable time was allowed to the appellants to produce it. in view of what has been stated above, there is no justification for dispensing with the production of the certified copy of the judgment appealed from.;special appeal rejected. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] ..........has been made, the registrar shall pass suitable orders.2. we have carefully perused the memo of appeal filed on april 16, 1982. no note has been appended to the memo of appeal for dispensing with the production of the certified copy. in view of rule 156 subsequent request for dispensing with the certified copy of the judgment, cannot be entertained. rule 134 of the high court rules deals with special appeals. it amongst others provides that the memorandum of appeal shall be drawn up in accordance with rules 125, 130 and 131 of chapter ix of the high court rules and shall be accompanied by a certified copy of the judgment or order, appealed from along with two extra typed copies of the judgment or order as stated above, the appeal under section 18 was not accompanied by the certified.....
Judgment:

1. This appeal Under Section 18 of the Rajasthan High Court Ordinance was filed against the judgment dated March 17, 1982 of the learned single Judge of this Court on April 16, 1982. It was not accompanied by the certified copy of (he order appealed against. On June 9, 1982, the office pointed out some defects and one of the defects was that certified copy of the judgment has not been filed. As the defects were not removed by June 10, 1982 and July 20, 1982, it was ordered that this appeal be listed for orders before the Court on August 26, 1982. The three defects have been repeated in the order sheet dated August 26, 1982 inclusive of the one that certified copy of the judgment has not been filed. Two weeks' time was allowed for removing the defects. A prayer was made on that date that filing of the certified copy may be dispensed with and on that an order was made that this would be considered on the next date. Various dat(sic)s were given by the office for removing the defects. When the case came up for orders on October 21, 1982. H.N. Calla, the then Addl. Government Advocate was directed to deliver the copies of the applications to Mr. Sandhu within a week from that date it was ordered to be listed for orders after three weeks as agreed to by both the learned Counsel. The appeal was adjourned on November 12, 1982 at the request of the Government Advocates as was agreed by Mr. Sandhu for adjournment for two weeks. The certified copy of the judgment has not been produced. Rule 156 of the Rajasthan High Court Rules provides for dispensing with the production of the copy of judgment. The material portion of the rule for the present purpose, reads as follows:

If it is desired that a copy of any judgment or formal order required to be filed along with a memorandum of appeal presented under Rule 154 be dispensed with, a note to that effect shall be made on the memorandum. If no such note is made, a subsequent request for that purpose shall not be entertained. Where such note has been made, the Registrar shall pass suitable orders.

2. We have carefully perused the memo of appeal filed on April 16, 1982. No note has been appended to the memo of appeal for dispensing with the production of the certified copy. In view of rule 156 subsequent request for dispensing with the certified copy of the judgment, cannot be entertained. Rule 134 of the High Court Rules deals with special appeals. It amongst others provides that the memorandum of appeal shall be drawn up in accordance with Rules 125, 130 and 131 of Chapter IX of the High Court Rules and shall be accompanied by a certified copy of the judgment or order, appealed from along with two extra typed copies of the judgment or order As stated above, the appeal Under Section 18 was not accompanied by the certified copy of the judgment.

3. Mr. H.S. Sandhu, learned Counsel for the respondents states that no application for the certified copy of the judgment dated March 17, 1982 was submitted on behalf of the appellants prior to August 26, 1982.

4. The defect that the certified copy of the judgment has not been filed, has not been removed as yet though considerable time was allowed to the appellants to produce it. In view of what has been stated above, there is no justification for dispensing with the production of the certified copy of the judgment appealed from.

5. As the defects have not been removed, we are constrained to reject this appeal as defective.


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