KRISHNA KUMAR Vs. BIRENDRA KUMAR SINGH

JUDGEMENT

(1.) THIS court has of iate been finding that in recent past civil revision petitions with defects are being filed without stamp report so that stamp report is done thereafter and time may be taken for removing the defects, obviously to cause delay in the disposal of the connected suit/appeal in the court below. Surprisingly enough, the office of this court is also accepting such filing violating not only the relevant rules, but also specific directions of the Bench given from time to time.

(2.) AN order to this effect was issued by Hon 'ble the Chief Justice as far back as in the year 1979. directing the office not to accept defective filing of civil revision petitions. On 7.7.1995, Hon 'ble Mr. Justice B.N. Agrawal also passed an order in Civil Revision No. 153 of 1995 giving similar instructions to the Registrar General before whom filing was generally made. It transpires that all those directions and instructions are forgotten and filing of defective civil revision petition is accepted by the office as a result huge number of civil revisions are being listed for orders (on office notes) before the Bench for removal of those defects, which not only consume a big chunk of court 'stime, but also cause huge delay in disposal of the civil revision petitions and also in the suits appeal out of which they arise. This negligence of the office and tendency of the litigant and their counsel have to be checked. Hence, the Registrar General/Joint Registrar (List & Computer) is hereby directed to follow the following instructions at the time of accepting the filing of civil revision petitions. (i) The concerned person who receives filing shall not accept any civil revision petition without stamp report unless limitation is going to expire. (ii) If civil revision petition is filed after stamp report and defects have been pointed out by the stamp reporter, then without removing those defects, which can be removed by learned counsel for the petitioner, filing shall not be accepted unless limitation is going to expire. (iii) Small defects pointed out by the stamp reporter in the certified copy of the impugned order, such as, the name of the Presiding Officer not stated either in the aggrieved portion or in the impugned order, shall on satisfactory explanation being given by learned counsel for the petitioner at the time of filing, be ignored by the designated officer and shall not be placed for orders before the Bench. (iv) If in any civil revision case, an interlocutory application is required for removal of stamp report defects, such as under the Code of Civil Procedure, the Patna High Court Rules, the Limitation Act etc., the civil revision must be filed alongwith such interlocutory applications. (v) The office must strictly follow the consistent practice of this High Court and the procedure prescribed in the Rules under Chapter -IIIA of Patna High Court Rules, 1916.

(3.) THE Registrar General will see that the aforesaid directions/instructions are strictly complied with and if it is found that the filing of civil revision has been accepted contrary to the aforesaid directions, the concerned person shall be liable to be dealt with on judicial side apart from taking any action on administrative side which will be deemed fit and proper by the head of the institution.