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Allahabad High Court · body

1984 DIGILAW 1119 (ALL)

Budh Singh v. State of Uttar Pradesh

1984-12-21

PARMATMA SINGH

body1984
JUDGMENT Parmatma Singh, Member- This application has been moved for recalling the order dated 26-6-77. 2. I have heard the learned counsel for the applicant. 3. A revision was filed before this court against the judgment dated 31-1-77 of the Additional Commissioner. At the time of filing of the revision the copy of the trial court's judgment was not filed and the revision was deposited as incomplete under para 163 (c) of the Revenue Court Manual. The revision was filed on 2-5-77 without the copy of the trial court's order. The learned counsel was given twenty-one days time for filing the copy of the order but the same was not filed. 4. The learned counsel submits that the applicant-revisionist was not informed by the counsel of the district about the filing of the revision along-with the copy of the trial court's order. This contention of the learned counsel cannot be accepted as the office pointed out to the learned counsel to file the copy of the trial court's order within 21 days. Para 163 of the Revenue Court Manual prescribes the procedure for presentation of petitions to this Court. Clause (c) of this para reads as under : "163 (c) Every appeal or application to the Board of Revenue presented to the Registrar of the Board's office at Allahabad or received by him under sub-rule 163 (b) shall immediately be examined and a note recorded on the memorandum or application, as to whether the appeal or application is in due form and stamped to the full extent of the court fee required and is accompanied by certified copies of the decree or order appealed against and by the judgments in the case passed by all the courts subordinate to the Board and whether it is prima facie within time or not. All defects ascertained shall forthwith be pointed out in writing by the Registrar of the Board's office to the person filing the appeal or application. If the defect be that the appeal or application is insufficiently stamped or that necessary copies are wanting, the person filing appeal or application shall be called upon to remedy it within a reasonable time to be specified in the written intimation aforesaid and his signature obtained on the file. If the defect be that the appeal or application is insufficiently stamped or that necessary copies are wanting, the person filing appeal or application shall be called upon to remedy it within a reasonable time to be specified in the written intimation aforesaid and his signature obtained on the file. The period of grace in the case of absence of the necessary copies shall not, however, exceed, the period of limitation and the person filing such appeal or application shall also be informed that failure to remedy the defect within specified time, will make the appeal or application liable to be deposited. If the person filing the appeal or application be not present, the necessary intimation shall be sent to him by post, service bearing." 5. In accordance with the provisions contained in clause (c) of para 163 of the Revenue Court Manual, the Registrar of the Board's office pointed out in writing the defect that, the revision was not filed along with the copy of the trial court's order on 2-5-77. This intimation was noted down by the counsel presenting the petition on 2-5-77. Now the counsel cannot claim that the applicant did not file the copy of the order of the trial court as he had no knowledge of doing so. In view of this, I am of the opinion that the present revision was not properly presented before this Court, and the reason shown for not producing the trial court's order within a period of 21 days allowed by the Registrar is not satisfactory. I am, therefore, not inclined to recall the order dated 26-6-77 and the application stands rejected.