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Gujarat High Court · body

1999 DIGILAW 820 (GUJ)

H. M. SOLANKI v. PRINCIPAL CHIEF CONSERVATOR OF forests

1999-12-30

S.K.KESHOTE

body1999
S. K. KESHOTE, J. ( 1 ) THIS Court what is said everyday is facing shortage of staff. The work of the Court is increasing which is bound to increase. However, an endeavour has to be made by all concerned, the Bench, Bar and the litigants to see that as far as possible whatever the avoidable additional burden may not be fallen on the Court and Registry. If additional burden which otherwise is avoidable falls on the shoulder of the Registry, it results in manifold ways and may adversely effect the other regular work. ( 2 ) THIS Court has framed the Rules known as Gujarat High Court Rules, 1993. The Rules are framed to provide procedure to be followed which may smooth the work of Registry and as a result thereof the work of the Court. There is no provision in these rules, where any liberty or the right has been conferred upon the litigants to produce their matter and papers before this Court in shabby or deficient form. 1 do not find under the Rules where a legal obligation is there on the Registry to accept without any check and prior scrutiny whatever the matters and papers are produced by the litigants either personally or through their Advocates. Time and again, in the Court, it has been given out as if it is a right of the litigant to produce the defective matters and papers in the Court and a consequential obligation on the Registry to accept the same. The Court is not a dustbin where you can put anything whatever you like it. It is not gainsay that leaving apart the position of the rules otherwise also logically, it is difficult to accept that it is a litigants right and consequential obligation of the Registry to accept the defective matters and papers which are being presented in the Registry by the litigants from time to time. It is not the object and purpose of the Rules nor it could have been, but it is to simplify the procedure of filing and registration of the matters in the Court. What now it has become a practice that in Central Filing Centre persons sitting there have no option, no say and concern except whatever matters/papers are presented by the litigants or through their Advocate are bound to be accepted. What now it has become a practice that in Central Filing Centre persons sitting there have no option, no say and concern except whatever matters/papers are presented by the litigants or through their Advocate are bound to be accepted. The computerization, no doubt has been there to increase the efficiency of the work of the Registry and the Courts. But that does not mean that in Central Filing Centre the matters and other papers irrespective of the fact that they are not in proper form and supported by requisite documents, affidavits, Court fees, vakalatnama etc. , are still to be accepted and registered. If it is permitted and in fact what it is permitting the position of the Central Filing Centre is as good as that of a dustbin. The dustbin is the only place which has no option except to accept whatever is dumped therein. If it is taken to be the meaning of the rules and what it is today prevailing in the Registry position of the Central Filing Centre is not better than that of a dustbin. ( 3 ) NO doubt, convenience of the litigants is a predominant and utmost consideration but that does not mean that litigants may have liberty or freedom to the extent where the work of the Registry and the Court is unnecessarily being increased where otherwise it is totally avoidable. This no doubt is an institution for litigants. But it is equally their concern to see that to smoothen the work of the Registry and the Court as far as possible, the matters and the other papers are presented absolutely in order so that unnecessary workload under the head of office objection may not increase. The Advocate being officers of the Court are equally concerned to see that the Courts and Registrys work is not unnecessarily been increased. Piling of the files under the head office objections is unnecessary burden on the Registry of a work which otherwise is totally avoidable. ( 4 ) I have taken the statement showing number of the pending matters under the office objections in Central Filing Centre. The statements, which are being furnished gives out the position as on 5-10-1999. The same are as under : 1. F. As. 803 2. Civil Matters 505 3. Criminal Matters 294 4. ( 4 ) I have taken the statement showing number of the pending matters under the office objections in Central Filing Centre. The statements, which are being furnished gives out the position as on 5-10-1999. The same are as under : 1. F. As. 803 2. Civil Matters 505 3. Criminal Matters 294 4. Civil Matters 157 total 1759 statement showing the pending matters which are under office objections in central Filing Centre (First Appeal)____________________________________ first Appeal Under Objection Total s. J. 144 144 b. D. _________________659____________________________659__________ total 803 803 statement showing the Pending Matters which are under office objections in central Filing Centre (S. C. A. / L. P. A. / S. A.)_________________________ civil Matters Under Objection Total t. S. C. A. 335 335 2. L. P. A. 165 165 3. S~z15 15 total 515 515 ~ criminal Matters pending for office objections as on 4-10-1999 criminal Matters Under objection Time Total granted by the Court 1. Criminal Appeals 137 - 137 2. Spl. Cri. Applns. 24 22 46 3. Cri. Revision Appln. 26 17 43 4. Misc. Criminal Appln. 38_________________30 ____________68 total 225 69 294 2715 statement showing the Pending Matters which are under office objections in central Filing Centre (C. R. A. /a. O. /m. C. A. /c. A.) civil Matters Under Time granted Total objections by the Court 1. C. R. A. 70 32 102 2. M. O. 10 06 016 3. M. C. A. 12 02 014 4. C. A. 25_______________00 _______________025 total____________117______________40________________ 157 ( 5 ) TO understand the procedure in Central Filing Centre of this Court I had myself gone to that section and studied the matter. The system is like this. In the Central Filing Centre the clerks are sitting on the computers. Whatever the matters and papers presented they have no option except to accept the same and to make necessary entry thereof in the computer. The registration of the applications, Appeal from Orders, Appeals, Letters Patent Appeals, Civil revision Applications etc. , are being made without there being any scrutiny i. e. , to say without seeing whether these are accompanying by necessary documents and are in conformity with the requirement of the law and the Rules. What it has to be done before the registration of the matter, it is done after its registration. , are being made without there being any scrutiny i. e. , to say without seeing whether these are accompanying by necessary documents and are in conformity with the requirement of the law and the Rules. What it has to be done before the registration of the matter, it is done after its registration. The Rule 8 of the Rules provides that when any matter presented in the Court is not brought in conformity with the requirements of law and these rules within the time prescribed or extended by the Registrar may pass an order for refusing to admit the matter to the register. These rules were taken to be as if it is a right of the litigants to present the matter in the registry, which is not in conformity with the requirements of the law and the rules aforesaid. The right of the registration of the matter irrespective of fact whether it is in conformity with the requirements of the law and the rules and further right for removal of office objections or to bring the matter in confirmity with the requirements of the law and rules are taken to be granted by the litigants and Advocates, which is not so. The rules are to be read, understood and taken that unnecessarily precious and valuable time of Court and registry may not be wasted. If this procedure what it is there and followed in the Court, is continued it is a matter of which a judicial notice may be taken that thousands of matters are presented, which are not brought in conformity with the law and the rules and those are being registered and remain for removal of office objections. It unnecessarily increases the work of the court and Registry. The office objections are to be pointed out and the time has to be granted to the litigants and Advocates to remove the same. If within time granted by the office the office objections are not removed then it has to be placed before the Registrar. The Registrar in its turn will grant time to the litigant to remove office objections and in case still the office objections are not removed, the matters are to be placed before the Court. Invariably, time is granted for removal of the office objections by the Court on its first placing and the matter will go on in this way. The Registrar in its turn will grant time to the litigant to remove office objections and in case still the office objections are not removed, the matters are to be placed before the Court. Invariably, time is granted for removal of the office objections by the Court on its first placing and the matter will go on in this way. So this cycle will go on and what it called to be a convenient procedure for a litigant, which is taken to be granted will consume precious and valuable time of the Court as well as registry. There appears to be little justification nor it is spelt out from the rules that it is a legal obligation on the part of the Court and the Registry to accept the matter though it is not brought in conformity with the requiremnets of the law and the rules and after registration of the matter of ultimately office objections pointed out are not removed then the Court may dismiss the same. If we go by the rules, it is very specifically provided thereunder how the presentation of appeals, applications etc. , are to be presented in the Court. Rule 32a of the Rules provides :" (1) The presentation shall be in the Form prescribed as Appendix a hereto with the Advocates Checklist, Appendix b hereto, duly completed and signed by the Advocate himself. A vakalatnama presented separately may be presented in Form c; (2) The matter presented shall be registered and numbered subject to compliance with the requirements; (3) Notwithstanding anything to the contrary contained in these rules, no matter will be circulated for urgent orders, if it is (i) not with the above duly completed presentation Form a and Check List b; (ii) not within limitation; (iii) not with proper Court fees; (iv) without (a) the full and proper Index, Chronology of Dates, Events and documents; (b) Formulated points; (c) List of citations; (d) Vakalatnama duly signed; (e) English translation of accompaniments to appeal or Application; unless the Court has by a written order on an application of the advocate, suspended/dispensed with for a definite time, the requirements of sub-rule (3 ). The Advocates shall comply with the requirements within such definite time, failing which the matter shall stand dismissed for non-prosecution, and ad- interim relief if any, granted, or any other order made, shall stand vacated automatically, unless the time granted earlier is extended on a fresh application. (4) The presentation form, the check list and other forms may be added and/ or modified by orders of the Chief Justice from time to time. (5) The aforesaid Appendix a1, b and c be placed at the end of the Chapter iv (and re-numbered the said three pages as page Nos. 27a, 27b and 27c, respectively.) (6) The provisions contained in Rule 32a shall also apply mutatis mutandis to criminal matters. " ( 6 ) THE scheme of the Rules are taken to be for the convenience of the litigations but these Rules are framed to simplify the procedure and to see that as far as possible unnecessarily Courts and Registrys valuable and precious time is not consumed. The Check List etc. , have been provided. The Rules very specifically provide what are to be accompanied to the respective matters, still the presentation of the defective matters is not only permitted but same are registered. The litigants and the Advocates are to take care and present matters in the Court only when the same is strictly in confirmity with the law and the Rules. ( 7 ) IT is high time where looking to the high pendency of matters and shortage of staff in the Court it is the duty of the all concerned i. e. , litigants and Advocates, to see that all matters are presented in the Court, which are strictly in conformity with the requirement of law and the Rules. Only two exceptions to this Rule may be carved out and that is where the limitation is expiring then in that case the matter if it does not strictly in conformity with the law and the Rules may be permitted to be presented but that too only with the prior permission of the Court and second exception may be where there is need to obtain urgent order from the Court. This second category of the matter can only be presented and circulated with the prior permission of the Court. This second category of the matter can only be presented and circulated with the prior permission of the Court. ( 8 ) AT the stage, where the matter is brought for presentation of the same in Court the person concerned in Central Filing Centre shall make preliminary scrutiny thereof and where he or she finds that the matter is not strictly in the confirmity with the requirement of law and rules then those are to be pointed out to the litigants or Advocates or registered clerk of the Advocate who bring the matter and returns the same so as to bring it in conformity with the requirement of law and rules. It is not incumbent upon the Registry to accept the presentation of the defective matters. If we go by the rules and the procedure now what is adopted and continuing in the Court in the presentation and registration of the matters it is at the cost of repetition to be stated that Registry of this Court is not better than a dustbin. It is provided, laid down and done then thousand of cases which are presented and registered with all the defects will not come and Courts as well as Registrys valuable time will not be consumed and wasted. This procedure is to be followed strictly and adhered to, the time will not be far off when almost all the matters are being brought strictly in confirmity with the requirement of law and rules. This procedure is to be followed strictly and adhered to, the time will not be far off when almost all the matters are being brought strictly in confirmity with the requirement of law and rules. For example, in what manner and way defects are being left out by the litigants or Advocates in the matter which are brought for presentation and registration for the reasons best known to them, the details of some of the matters are as under : 2718 matter No. Objection No. S. C. A. No. 4853 of 1999 1, 16, 19 s. C. A. No. 4131 of 1999 1, 8, 9, 16, 19, 20 s. C. A. No. 4314 of 1999 1, 4, 9, 10, 16, 19, 20 s. C. A. No. 4325 of 1999 1, 16, 19, 20 s. C. A. No. 4736 of 1999 1 s. C. A. No. 4956 of 1999 1, 4, 8, 10, 19, 20 s. C. A. No. 4612 of 1999 19 s. C. A. No. 5505 of 1999 19, 20 s. C. A. No. 4618 of 1999 19 s. C. A. No. 4504 of 1999 1, 9, 10, 16, 19, 20 s. C. A. No. 4394 of 1999 19 s. C. A. No. 4167 of 1999 1, 8, 10, 16, 19, 20 s. C. A. No. 3727 of 1999 1, 10, 16, 19, 20 s. C. A. No. 5597 of 1999 1 s. C. A. No. 5807 of 1999 1, 16, 19, 20 s. C. A. No. 5009 of 1999 1, 16, 19, 20 s. C. A. No. 4204 of 1999 1, 16, 19, 20 s. C. A. No. 5172 of 1999 20 s. C. A. No. 4133 of 1999 1, 9, 20 s. C. A. No. 4430 of 1999 10 s. C. A. No. 4574 of 1999 4 s. C. A. No. 4614 of 1999 4 s. C. A. No. 4739 of 1999 1, 19 s. C. A: No. 4644 of 1999 1 s. C. A. No. 5020 of 1999 20 s. C. A. No. 5171 of 1999 10 s. C. A. No. 5285 of 1999 1, 4, 12, 16, 19, 20, 30 s. C. A. No. 5072 of 1999 1, 16, 19, 20 s. C. A. No. 5386 of 1999 1, 4. 8, 16, 19, 20 s. C. A. No. 5407 of 1999 1, 12, 16, 19, 20, 28 s. C. A. No. 10251 of 1998___________9, 10, 16, 19. 20___________ ( 9 ) FROM these matters, which are taken only for sample test, it is clear that in most of the cases, the office objections are of the nature for which in case the Advocates or litigants would have taken care same would not have been there. The Index-cum chronology of the documents and events are not prepared by the petitioners in many of the cases and wherein some of the cases it is done that shows how casually the matter is taken. Presentation of matters with such defect appears to have been done deliberately so that it may not come in urgent circulation or it shows how carelessly and casually the matters are being, taken. Another objection that the paging is not done is also a defect, which should not have been there as it is the work to be done by the clerk of the Advocate. If these two defects are there in the matters, I fail to see how far it is justified for the litigants and the Advocates to present the same in the Court. This is nothing but only to add additional work to the Registry, which otherwise would have been avoidable. Then comes the defect of the nature where legible copies are not produced. These are the defects of nature which are difficult to conceive though easy to left out. What is the hurry in the matter to present the same with these defects. It is understandable where the limitation is expiring or where an urgent order needs to be taken from the Court. Then comes another defect of the nature where the true copies though are there enclosed to the matter but same are not being signed by the advocate. These are the defects, which fall under the category where the matter has been taken casually and carelessly. In most of the cases-, these are the defects which is clearly borne out from the table. There are also defects of nature where affidavit in support of the petition is not filed. These are the defects, which fall under the category where the matter has been taken casually and carelessly. In most of the cases-, these are the defects which is clearly borne out from the table. There are also defects of nature where affidavit in support of the petition is not filed. When the matter is to be presented the presence of the litigant is expected or even where the papers are received by post and in case the limitation is not expiring what is urgency for the litigant or Advocate to present the same in the Court. In such matters, the Advocate after receipt of the papers and drafting of the matter either to call the litigant for filing of the affidavit or make necessary arrangement to take affidavit of the litigant and then only present the matter in the Court. There is another defect of the nature, which is difficult to appreciate where even the Advocate has no time to sign the Vakalat Patra. That shows how casually and carelessly the matters are being taken, which results in unnecessary burdening the Registry as well as the Court with the work which is otherwise is totally avoidable. ( 10 ) OTHER matters are of the category where even impugned order in special Civil Application and the certified copies of judgment/decree/order etc. in the appeals or Civil Revision Applications etc. are not filed. Reference here have to the Special Civil Application No. 4504 of 1999 where index is there but the pagings is not made therein. In the file also paging is not done. Above that from index it is there that as many as 12 documents were referred therein but not a single document has been filed with the matter. Not only this the Vakalat Patra is also not there. Still what it is a right claimed of presentation of the matter and acceptance of the same by the Registry and that to the extent where it is to be registered. This cannot be taken to be the meaning, object and purpose of the Rules. Similar is the case of Special civil Application No. 5505 of 1999 where not a single document though referred and relied in the Special Civil Application has been filed. This cannot be taken to be the meaning, object and purpose of the Rules. Similar is the case of Special civil Application No. 5505 of 1999 where not a single document though referred and relied in the Special Civil Application has been filed. In the special Civil Application No. 4131 of 1999 leaving apart the general other defects even the memo of the Special Civil Application is not signed by the advocate. Though the affidavit is there, which is also duly signed and attested but blanks are left unfilled. The litigants or Advocates or clerks of the advocates have not taken any care while filing these matters in the Registry. Before presentation of the matter Registry cannot take notice of the defects as what it is taken to be right of the litigant or the Advocate to present the matter in whatever shabby form it may be. This affidavit has been attested by the Registrar of the Chief Judicial Magistrate of Godhra and how these officers are acting carelessly and negligently is clearly born out from this affidavit. It is the duty of this officer that before attesting the affidavit to see that the blanks therein are duly filled in. At every stage and everywhere where it is concerned with the litigants, advocates or officer of the Court carelessness and negligence is rampant. Substantial defects in matters presented in the Court are of formal nature, which without putting any extra labour by the litigant or Advocates other than what is required to be done before proper presentation of the matter in the Court could have been removed. If a joint effort is made both by the Members of Bar and the Registry then this avoidable heavy workload which falls on the shoulder of the registry in the form of this defective presentation of the matters can be totally ruled out. For this a sense of responsibility, duty to the institution and professional commitment is a need of time. The institution has to work smoothly and as far as possible its precious and valuable time has to be used only for doing substantial work and it may not be allowed to go wasted. The Members of the Bar owe a duty to see that except in the cases as said earlier all other matters are presented in the Court which are strictly in confirmity with the requirements of law and rules. The Members of the Bar owe a duty to see that except in the cases as said earlier all other matters are presented in the Court which are strictly in confirmity with the requirements of law and rules. To ensure the presentation of the matters which are strictly in confirmity with the requirement of law and rules, preliminary scrutiny of the same at the threshold i. e. , before presentation should have been there and where defects are noticed then the matter may be returned to the person, who brings it for presentation and to ask him to get it in confirmity with the rules and law and then come for its presentation. This needs to be done before registration. Earlier what it is told that the matters were not registered unless the same are brought in confirmity with the requirement of the law and rules, but thereafter, the practice to accept the defective matters for registration in the Court started. Presentation of defective matters were permissible earlier, however same were given stamp number. It is as good as what we are doing today and the number of defective matter is increasing and the registry has been burdened of this additional work earlier under the stamp number and now under the regular number. So there was no substantial difference in between the system which was there earlier and today what we are following, adopting and permitting. The Rules are very clearly, specifically and unambiguously have laid what are to be accompanied with the applications, regular appeals, appeal from orders, letters patent appeals etc. The rules relevant of the Rules, 1993 are as follows :"rule 8. Refusal of registration of matters not brought in confirmity with rules :- When any matter presented in the Court is not brought in confirmity with the requirements of the law and these Rules within the time prescribed or extended by the Registrar may pass an order refusing to admit the matter to the Registrar. Rule 20. Rule applicable to all applications other than memoranda of appeals :- The above rules apply mutatis mutandis to all applications and the term "appellant" shall include "applicant" or "petitioner" and the term "respondent" shall include "opponent" rule 33. Rule 20. Rule applicable to all applications other than memoranda of appeals :- The above rules apply mutatis mutandis to all applications and the term "appellant" shall include "applicant" or "petitioner" and the term "respondent" shall include "opponent" rule 33. Production of Vakalatnama by Advocate :- An Advocate presenting an appeal or application shall (a) produce a Vakalatnama signed by the appellant or petitioners authorising him to do so and accepted by the Advocate in writing under his signature or (b) when he has appeared on behalf of the appellant or petitioner in the lower Court, file memorandum of appearance signed by him stating that he was an advocate on record appearing on behalf of the appellant or petitioner and that he is authorised to present the appeal or application or (c) make a statement in writing that he has been authorised by the appellant or petitioner to present the appeal or application with an undertaking to produce a regular Vakaltnama with in 2 weeks from the date of presentation. The address of the advocate shall be stated in such Vakalatnama, memorandum of appearance or statement in writing and any subsequent change in the Advocates address during the pendency of the appeal or application presented by him shall immediately be communicated by the Advocate to the Office. Communications sent by post by the office to the said address shall be presumed to have been received by the Advocate. It would not be necessary for an Advocate to file fresh Vakalatnama if he has filed the same in the lower Court/courts on behalf of respondent/opponent provided he filed a note of appearance in the concerned appeal in the High Court. Explanation :- A separate Vakalatnama shall be filed in each of several connected proceedings notwithstanding that the same Advocate is retained by the party in all the connected proceedings. Rule 34. Vakalatnama to bear endorsement of acceptance by Advocate :- every Vakalatnama specified in Rule 34 shall, before it is filed in the Court, bear an endorsement of acceptance signed by the Advocate concerned. Rule 38. Rule 34. Vakalatnama to bear endorsement of acceptance by Advocate :- every Vakalatnama specified in Rule 34 shall, before it is filed in the Court, bear an endorsement of acceptance signed by the Advocate concerned. Rule 38. Certified copies of judgments or orders and decrees of lower Courts to accompany appeals :- Every memorandum of appeal shall be accompanied by certified copies of (a) the decree or order and (b) judgment under appeal and in the case of an appeal from an appellate decree also by certified copies of (a) the decree or order (b) Judgment of the trial Court and (c) of the grounds of the appeal, and cross-objections, if any, in the lower appellate Court and (d) pleading of the parties and the documents on which the reliance is placed shall also be supplied, along with such appeals, no documents shall be referred which is not produced alongwith the appeal. Rule 39. Simple copies to accompany appeals :- When presenting any appeal, an additional typed copy or [clear legible] xeroxed copy of memorandum of the appeal, and in appeals which are required to be placed before a Division bench, a set of typed copies of the judgments of the Lower Courts paged in accordance with the certified copies, shall be supplied. Rule 40. Memorandum of appeal or cross-objections to show and explain value of the claim :- The value of the claim in appeal or in cross-objections shall be shown in the memorandum of appeal of cross-objections at the time of the presentation of such memorandum and it shall, where necessary, be stated how the valuation has been arrived memorandum and it shall, where necessary, be stated how the valuation has been arrived. Rule 42. Accompaniments to appeals in execution proceedings :- Appeals in execution proceedings shall, in addition to the accompaniments prescribed, be accompanied by certified copies of application for execution and the decree or orders under execution unless the filing of such copies is dispensed with by the Court. Rule 43. Accompaniments to Appeals from Orders :- Appeals from orders under Sec. 104 and Order XLIII, Rule 1 of Code of Civil Procedure shall, in addition to the accompaniments stated above, be accompanied by certified or ordinary copies of all other relevant documents on which the appeals wish to rely unless such copies or any of them are dispensed with by the Court. Rule 44. Rule 44. Accompaniments to Civil Revision Applications :- (1) Every application in exercise of the revisional jurisdiction of the High Court shall be accompanied by a certified copy of the judgment and decree or order complained of, and if the order sought to be revised is an appellate decree or order or an order in a revision Application, by certified copies of the decree or order and judgment of the trial Court an grounds of appeal or revision application and cross-objections, if any, in the lower appellate or revisional Court, pleadings of the parties and the documents on which, reliance is placed shall also be supplied along with such applications. No documents shall be referred which are not produced along with the application. (2) Every application in exercise of the revisional jurisdiction of High Court directed against orders passed in summary suits on summons for judgment shall, in additional to accompaniments to be filed under Rule 44 (1), be accompanied by copies of the plaint, affidavit-in-reply and affidavit-in-rejoinder if any, such copies shall be certified to be true copies by the Advocate for the petitioners and by the party in person, if the petitioner is not represented by an Advocate. Rule 47. Accompaniments to revision applications against interlocutory orders :- Revision applications against interlocutory orders shall, in addition to the accompaniments prescribed in Rule 44 be accompanied by copies of all other relevant documents on which the applicant wishes to rely, unless such copies or any of them are dispensed with by the Court. Rule 48. Accompaniments to review applications :- (i) Every application for review shall be accompanied by a typed copy of the judgment and decree or order sought to be revised, and in a case where a review application is required to be heard by a Division Bench by two sets of two such copies which shall be certified to be true copies by the Advocate for the applicant and by the party in person if the applicant is not represented by an Advocate. (ii) When an application for review proceeds on the ground of discovery of fresh matter or evidence, the documents, if any, relied upon, shall be annexed to the application, with a list in Form No. 5, in Appendix H, Schedule I of the Code of Civil Procedure, together with an affidavit setting forth with circumstances under which such discovery has been made. Rule 49. Affidavits in respect of applications other than Revision Applications and Registrars power to dispense with affidavits :- (i) All Civil Applications shall be supported by affidavits. (ii) The Registrar may by general or special order dispense with affidavits in particular cases, or particular classes of cases, except in Special Civil application under Arts. 226, 227 and 228 of the Constitution. Rule 52. Registrars power to dispense with supply of certified copies of judgments, orders or decrees :- The Registrar may dispense with the filing or certified copies of judgments, orders or decrees which are required to be filed under these rules when such copies or the original thereof are already on the record of the High Court. Rule 53. English Translation to be supplied when prescribed accompaniments are not in English :- When any of the accompaniments to an appeal or application are not in the English language, typed copies of translations of such accompaniments except decrees certified to be true translations by the Advocate or by an unauthorised translator shall be annexed therewith. Rule 54. Neat copies to be supplied when original accompaniments are hand-written or illegible :- If any of the original documents or certified copies presented with an appeal or application are hand-written or not legibly typed, clear and neatly typed copies thereof shall be supplied with the memorandum of the appeal or application. Rule 55. Documents or copies produced or supplied by Advocates or parties to be neatly typed and clearly legible :- (i) All memoranda of appeals and applications, affidavits, copies and notes supplied by the Advocates or parties, whether for the use of the Court or for service on opposite parties, shall be neatly typed on durable foolscap paper leaving a margin of 2 inches, whenever copies are supplied, such copies shall correspond page to page with the original. (ii) In every Court matter, i. e. , Appeals/civil Revision Applications/review applications/civil Applications (other than revision applications), the appellant/ petitioner/or applicant as the case may be shall file a sheet of a copy of title of respective appeal memo/petition/or application etc. , in duplicate. Rule 56. (ii) In every Court matter, i. e. , Appeals/civil Revision Applications/review applications/civil Applications (other than revision applications), the appellant/ petitioner/or applicant as the case may be shall file a sheet of a copy of title of respective appeal memo/petition/or application etc. , in duplicate. Rule 56. Office may refuse illegible or badly typed copies and judgments :- The office may refuse to accept any such papers which are not typed and prescribed or which do not conform to the requirements of Rule 55 above and such office objection shall be removed or complied within time prescribed in the rule. Rule 60. Separate Civil Application for excuse of delay in presentation, to accompany memorandum of appeal or cross-objections :- When a memorandum of an appeal or cross-objection or revisional application is presented beyond the time prescribed for the presentation thereof by any law or rule for the time- being in force, a regular stamped application for excuse or delay setting out the grounds on which the delay is sought to be excused shall be made. Such an application shall be supported by an affidavit. Rule 81. In all Letters Patent Appeals, the following paper shall be filed :- 1. Memorandum of Appeal and a copy thereof; and 2. Two sets each containing copies of - (a) Judgment of the High Court, (b) Memorandum of Appeal, Petition or Application before the High Court as the case may be, and (c) Judgment of the subordinate Court, if any; 2724 provided that if any of the document referred herein above has already been included in a print copies of the same may not be supplied. Rule 176. Accompaniments to writ applications :- (i) The applicant shall annex to his application, the certified copy of the judgment and/or order of the lower Court or Tribunal impugned in his petition or the authenticated copy of such judgment and/or order sent to him by the Tribunal and shall also file certified copies of other judgments and/or orders, affidavits or documents upon which he relies or their simple typed copies. Such simple typed copies shall be authenticated by the petitioners Advocate as true copies and where the petitioner is not represented by a Advocate, he shall file an affidavit showing that such simple copies, annexed by him, are true copies. Such simple typed copies shall be authenticated by the petitioners Advocate as true copies and where the petitioner is not represented by a Advocate, he shall file an affidavit showing that such simple copies, annexed by him, are true copies. He shall file along with the application, a duplicate copy of the application with the said annexures for the use of the Court. Both the original and the duplicate copy with the prescribed annexures shall be on bond paper or durable paper duly paged and indexed. (ii) If any of the copies referred to in sub-rule (i) are not in English, the advocate who represents the petitioner shall furnish its official translation or translation certified by him to be true, in case the Court directs him to furnish such translation. Where the petitioner appears in person he shall, in such a case, either furnish an official translation or translation supported by his affidavit affirming it to be true. (iii) In petition against the order of an Election Tribunal, the petitioner shall, in addition to the annexures and accompaniments specified above, supply a typed copy of the memorandum of the Election Petition. (iv) Along with application shall be annexed concise statement of the facts of the case in proper sequence. A list of dates of the relevant events leading up and concerning the litigation in chronological order shall be given in the said statement. " ( 11 ) TO make and bring the matter in conformity with the requirement of rules, and law it is not difficult. It is expected of the members of the bar to know the Rules, 1993 and fulfil its requirement before the matter is brought for the presentation thereof in the Registry. If these Rules, 1993 are strictly complied with and followed by the members of bar, it will certainly reduce the burden of the work which otherwise is totally avoidable. Even if this system of preliminary scrutiny may not be adopted but with the due care, caution, sense of responsibility and duty they owe to the institution the members of the Bar act then immediately on presentation and registration of the matter which is strictly in conformity with the requirement of law and rules, it will go directly to the concerned section for circulation. This extra burden of putting the matter for removal of office objections at three stages for grant of time for removal thereof could certainly be avoided. It will save valuable time of the Court and Registry which can be used to do some useful work i. e. , to decide old matters. The Rules, 1993 nowhere indicate and provide that there is an obligation on the Court to permit the presentation and registration of the matters, which are not strictly in conformity with the requirement of law and Rules. Only in exceptional cases deviation thereof may be permissible with permission of the Court but not as what it is taken to be a right and rule. ( 12 ) THE Rules are to be read and taken in the proper perspective and meaning and not what it is taken today by the members of the Bar or Registry. The procedure in the Registry should be as simple as possible and with the object and purpose that unnecessarily Courts and Registrys work is not increased. It is convenient to the litigants and members of the Bar to present the rnatters, which are still not in conformity with the law and rules but that is not the consideration. No doubt, the Courts are there for the litigants but it is not under any obligation to provide the convenience to be litigants at the cost of the other litigants who take all the care and caution and brought the matters in conformity with the requirement of law and rules. The litigants and members of the Bar are equally accountable to the Court and their act and approach should not have been to consume precious and valuable time of the Court and Registry in the matters, which are their own creation. Be that as it may. The litigants and members of the Bar are equally accountable to the Court and their act and approach should not have been to consume precious and valuable time of the Court and Registry in the matters, which are their own creation. Be that as it may. ( 13 ) THESE matters though are not presented in the Court strictly in conformity with the requirement of law and rules and the same could not have been permitted to be presented but as v/hat it is a practice and procedure which is being followed continuously in this Court, the interest of justice will be served in case the last opportunity is granted to the petitioners to remove the office objections subject to the condition that in case the same are not removed on or before 22-1-2000 all these matters shall stand dismissed automatically without reference to the Court. ( 14 ) THE Registrar is directed to place the copy of this judgment for the perusal of the Honble the Acting Chief Justice and to circulate the same to all the Honble Judges of this Court. .