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2005 DIGILAW 332 (PAT)

Kriti Kamal Sinha v. Vijay Laxmi Bhatnagar

2005-03-21

R.N.PRASAD

body2005
Judgment 1. The case was listed under the heading "For orders" on 17.2.2005. The office pointed out that in the certified copy of order dated 25.1.2005 under revision in Marriage Case No. 321/2002 pending before Principal Judge, Bhagalpur the names of parties have not been stated at the top of the certified copy. Notice to Judge Incharge was issued to file explanation as to why such defective certified copy is being issued. The Judge l/c has submitted explanation, which is at flag X, wherefrom it appears that the copyist, Comparing Clerk, Head Comparing Clerk etc. have admitted that due to mistake the names of parties were not mentioned at the top of the certified copy of the order under revision and they have regretted for the same. The Judge Incharge has also regretted in the same fashion. The explanation submitted is not satisfactory. However, the Court is not directing for taking any action against them but issuance of defective certified copy not only causes inconvenience to the superior Courts, but also it takes sufficient time of the Court in getting the mistake rectified. 2. The defect as pointed out is ignored: 3. The Court has experienced such type of defects in certified copy of the orders not only in a particular district/subdivisional Court but almost in all Courts of Bihar. In some cases either the names of the parties are not mentioned at the top of the certified copy of the order or are wrongly mentioned, in some cases the name of the Court is not mentioned at the top of the certified copy of the order, in some cases if the plaintiff/Defendant is dead and substitution is made, in the certified copy name of the original plaintiff/Defendant is mentioned though it should have been rectified, in some cases date mentioned at the first page of the order does not tally with the date mentioned on the last page of the certified copy etc. The defects as mentioned above are only illustrative and not exhaustive. 4. Therefore, the Court directs the Registrar General to communicate the order of this Court to all the District & Sessions Judges of Bihar so that they must be cautious in supplying correct certified copy of the orders i.e. without any defect in future.