MAMMAD HAJI Vs. KUNHAMINA

JUDGEMENT

(1.) A question of some nicety has been raised by the office, and that is whether the copy of the impugned order containing more than 2000 words produced along with the Civil Revision Petition should necessarily be a printed copy. The office note is that it ought to be a printed copy, but the copy produced is typewritten.

(2.) COUNSEL for the petitioner relies on Chapter IX of the rules of the High Court of Kerala dated the 22nd June 1960, especially R. 73 thereof which reads; "in Civil Revision Petitions the following papers shall be printed or typed at the cost of the petitioner: (a) the judgment or order sought to be revised; and where that judgment or order is passed in appeal the judgment or order of the court of first instance; (b) the memorandum of revision; and (c) such other papers as the parties desire to have printed and have within the period prescribed by R. 86 applied to be included in the record. " and submits that the copy of the judgment produced along with the Civil Revision Petition being type-written there is no defect in the institution, and a printed copy cannot be insisted by the Office.

(3.) IT is pertinent to note that for the institution of appeals in the Madras High Court, R. 2 of 0. 41 A, R. 1 of O. 41b, R. 2 of O. 42, and r. 2 of O. 43 C. P. C. , as amended in Madras, require printed copies of judgments to be filed along with the memorandum of appeals, irrespective of the length of the judgments concerned. R. 135 of the madras Civil Rules of Practice (See Civil Procedure Code published by R. Satyamurti Ayyar, P. 378) provides: "135. (1 ). When a copy of judgment or Order passed by a Civil Court, is applied for by a party to the suit or proceeding for the purpose of appealing against it to the District or Subordinate Judge's Court, the copy shall be printed provided the length of the judgment or order (excluding the names of parties and witnesses and the list of exhibits) exceeds 700 words. In cases where the length of the judgment or order does not exceed 700 wards the production of a printed copy is not compulsory. (5) When a copy of the judgment or order passed by an appellant court is applied for by a party to the suit, proceeding or appeal for the purpose of appealing it to the High Court, such copies shall likewise printed. "