BABULAL TAILOR Vs. SREE SREE CHANDA PRABHUJI MAHARAJ

JUDGEMENT

(1.) THIS raises a question as to the duty of the stamp Reporter with regard to his report on the filing of a Memorandum appeal in this court and consequent duty of the learned Registrar, Appellate Side, on the interpretation of the business of the judicial department, Appellate Side, High Court and Rules of Orders 41, 42 and 43 of the Code of Civil Procedure, in the light of the prevailing practice and procedure, followed by the Stamp Reporter. The facts briefly are as follows: from an Original Decree and Judgment passed by Sri H. N. Sen, Judge, 8th Bench, City Civil Court, Calcutta, the memorandum, giving rise to the above appeal, was filed in this court on November 19, 1962. On the back of the Memorandum after noting in rubber stamp the date of its presentation by the Stamp Reporter, the further rubber stamps to the following effect are put in "note c. FS==rs. Stamp Sufficient (as per valuation)In time in form the 2nd Judge's copy of the papers not filed. Stamp Reporter. "

(2.) THE Stamp Reporter in the instant case not only reported on June 4, 1963 as "stamp sufficient" on the back of the Memorandum but tic marks was also given against items "in time" and "in form", signifying thereby that the appeal is not barred by time and is in proper order. That is his first report. On July 8, 1963, the Stamp Reporter placed the matter before the Registrar on giving a second report which has been recorded in the Order Book of the Appeal to the following effect:

(3.) I may state here that in the Memorandum of Appeal, the Third Bench of the City Civil Court is mentioned in the preamble, though the certified copy of the judgment and decree mentions the Bench as the eighth one of the said court. On the said report of the Stamp Reporter dated July 8, the Registrar, appellate Side of this Court passed an order on the 9th July, 1963, asking the learned Advocate to make necessary correction within one week. It appears further that on July 24, and August 13, 1963, there are two further reports of the Stamp Reporter, intimating that the necessary correction has not been carried out by the learned Advocate, in pursuance of which the Registrar placed the matter before the Division Bench 'for Orders' on August 14, 1963.