DEVA HARBHAM LANDHA Vs. MER MALDE RAJA

JUDGEMENT

(1.) This matter has been placed before me under Rule 6 of Chapter V of the High Court Rules for revision of an Order passed by the learned Registrar on 27th January 1961. The petitioner filed an application for adjustment of his debts under the provisions of the Sau- rashtra Agricultural Debtors Relief Act. The trial Court decided the preliminary issue in favour of the petitioner and held that the petitioner was a debtor within the meaning of the Act. The respondent who is a creditor filed an appeal against the decision of the trial Court. The learned Assistant Judge who heard the appeal came to the conclusion that the petitioner was not a debtor within the meaning of the Act and he accordingly allowed the appeal and dismissed the application made by the petitioner for adjustment of his debts under the provisions of the Act. The petitioner thereupon filed the present Revision Application before this Court.

(2.) The appeal of the respondent was decided by the learned Assistant Judge by a judgment dated 20th September 1960. The judgment contained the reasons of the learned Assistant Judge for allowing the appeal and dismissing the petitioners application for adjustment of his debts. At the foot of the judgment occurred the following Order:

(3.) It appears that a formal order was drawn up and signed on 21st September 1960 The petitioner applied for a certified copy of the judgment on 22 September 1960 and the same was ready for delivery on 29th September 1960. The petitioner there after filed the present Revision Application on 23rd November 1960. The certified copy of the judgment accompanied the Revision Application but a certified copy of the formal order as drawn up and signed on 21st September 1960 (hereinafter referred to by me as the formal order) was not filed along with the Revision Application. As a matter of fact the petitioner did not apply for a certified copy of the formal order until 21st December 1960. The certified copy of the formal Order was ready for delivery on 24th December 1960. Since the certified copy of the formal order was not filed along with the Revision Application nor even thereafter within the period of limitation the Revision Application was considered by the learned Registrar as time-barred. The matter was argued before the learned Registrar and the learned Registrar by an Order dated 27th January 1961 held that under Rule 15 of Chapter IV of the High Court Rules it was necessary for a valid presentation of the Revision Application that the certified copy of the formal order should be filed along with the Revision Application and that since the certified copy of the formal order was not filed within the time prescribed by law the Revision Application could not be said to have been validly filed within the period of limitation. The main ground on which the learned Registrar came to the conclusion that the certified copy of the formal order was required to be filed along with the Revision Application may be set out in his own words.