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2012 DIGILAW 56 (JK)

Mohd. Aslam v. Custodian E. P. Jammu

2012-02-17

Sanjay Gupta

body2012
1. This revision petition has been directed against the order of Custodian Jammu dated 9-10-2010, by virtue of which he has reviewed his earlier order dated 12-2-09. 2. From the perusal of file, it reveals that revision petition is neither accompanied with any certified copy of impugned order dated 9-10-2010, nor there is any order dated 12-2-09. Along with petition only Photostat copy of order impugned, that too without any signature of Custodian E.P. Jammu, has been attached. Rule 11 of Special Tribunal Rules reads as under:- Rule 11 of Special Tribunal Rules Every memorandum of petition shall be in triplicate and shall be accompanied by two copies (at least one of which shall be certified copy) of the order appealed against. 3. A plain reading of Rule 11 of Special Tribunal Rules, it is evident that, every petition should be accompanied with one certified copy of order impugned, which has not been done in the present case. 4. However, Rule 12 gives discretion to Tribunal to accept a petition which is not accompanied by any or all documents referred in Rule-11. In the present case this court has dispensed with for attaching certified copy at the time of filling of revision petition, on the grounds mentioned in the application for dispensing with observance of attaching the certified copy of order impugned. Petitioner in his ground no. 3 of application has stated that, he will attach the order impugned, as and when it is supplied to him, but more than one year has passed but no certified copy has been supplied, even petitioner is very casual in prosecuting of his case. 5. Dispensing with copy of impugned order does not mean that petitioner has been precluded from furnishing certified copy in future or till final disposal of the case. Order of dispensation of attaching certified copy is a temporary arrangement made by court in the interest of justice. In the present case till today no certified copy has been produced as discussed above. Only Photo copy that too without bearing signature of officer of court below has been annexed. This is not proper under law. 6. In view of what has been discussed above this revision petition is dismissed as not maintainable.