NUNU LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present matter, a typed copy of the impugned order has been filed at Annexure-5 with a declaration in the writ application affidavit that the annexures are true/photo copies of their respective originals, I, of my own, required the Counsel to satisfy me that in a case like present where an order passed by the subordinate Tribunal/subordinate authority which is under the control of this High Court either under Article 226 or 227 of the Constitution of India or an order passed by a quasi-judicial Tribunal is required to be challenged by filing a certified copy or a plain photo copy or true typed copy of such a document can be filed. I also required the Counsel to address on the question that if the certified copy is to be filed then in accordance with Section 4 read with Schedule I, Clause 8, Court fees tickets of Rs. 10.00 for every three hundred and sixty words or fraction of three hundred and sixty words are to be affixed or not. As the matter is likely to affect the fraternity at large and was in my opinion of general importance, I requested the lawyers to assist the Court on the said point. I also requested Mr. A.K. Singh, learned Counsel for the State to assist me.

(2.) Undisputedly the High Court Rules govern the filing of the petitions, appeals, applications etc. The High Court Rules framed on the administrative side do control the proceedings to be taken. The High Court rules also provide for submission of the documents either in original or their true copies or the certified copies.

(3.) The question for consideration simply is that in accordance with Chapter III-A of Part II of the Rules of the High Court at Patna, 1916, is it permissible for an Applicant/Pleader/Advocate to file a true copy/photo copy of the certified copy or of the original when a particular order is under challenge.