SURJIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS case was placed before us "For Orders" requiring the petitioner to remove the defect as pointed out by the Stamp Reporter, which is as follows: Particulars as required by Rule 4 -A of Chapter XII of the Patna High Court Rules not stated in Para 2, it is stated in Para 15 of the petition.

(2.) Mr. Ashok Priyadarshi, learned Counsel appearing for the petitioner by inviting our attention to the aforesaid rule has submitted that the High Court Rules nowhere requires the said statements to be made under the above referred rule in a particular paragraph of the petition or application, there fore, if that statement is contained in Para 15, it cannot be treated as a defect. It was stated at the Bar that much confusion is prevailing in respect of the paragraph of the petition/application in which the aforesaid statements are required to be made, which is causing unnecessary harassment to the petitioners apart from delay in placing of the cases for admission because if the aforesaid statement is not made in Para 2, the office, keeping in view the objection of the stamp reporter, treats the application to be defective.

(3.) HAVING heard learned Counsels at the Bar and keeping in view the inconvenience which is being caused to the litigants and the members of the Bar, we thought it proper to resolve the controversy by examining the relevant Rule of the Patna High Court Rules (hereinafter the Rules only).