STATE OF RAJASTHAN Vs. BAL SINGH

JUDGEMENT

(1.) THIS appeal u/s 18 of the Rajasthan High Court Ordinance was filed against the judgment dated March 17, 1982 of the learned single Judge of this Court on April 16, 1982. It was not accompanied by the certified copy of the order appealed against. On June 9, 1982, the office pointed out some defects and one of the defects was that certified copy of the judgment has not been filed. As the defects were not removed by June 10,1982 and July 20, 1982 it was ordered that this appeal be listed for orders before the Court on August 26, 1982. The three defects have been repeated in the order-sheet dated August 26,1982 inclusive of the one that certified copy of the judgment has not been filed. Two weeks' time was allowed for removing the defects. A prayer was made on that date that filing of the certified copy may be dispensed with and on that an order was made that this would be considered on the next date. Various dates were given by the office for removing the defects. When the case came up for orders on October 21, 1982, Mr. H. N. Calla, the then Government Advocate was directed to deliver the copies of the applications to Mr. Sandhu within a week from that date and it was ordered to be listed for orders after three weeks as agreed to by both the learned counsel. The appeal was adjourned on November 12, 1982 at the request of the Government Advocate as it was agreed by Mr. Sandhu for adjournment for two weeks. The certified copy of the judgment has not been produced. Rule 156 of the Rajasthan High Court Rules provides for dispensing with the production of the copy of judgment. The material portion of the rule for the present purpose, reads as follows:- "if it is desired that a copy of any judgment or formal order required to be filed along with a memorandum of appeal presented under rule 154 be dispensed with, a note to that effect shall be made on the memorandum. If no such note is made, a subsequent request for that purpose shall not be entertained. Where such note has been made, the Registrar shall pass suitable orders. "

(2.) WE have carefully perused the memo of appeal filed on April 16, 1982. No note has been appended to the memo of appeal for dispensing with the production of the certified copy. In view of rule 156 subsequent request for dispensing with the certified copy of the judgment, cannot be entertained. Rule 134 of the High Court Rules deals with special appeals. It amongst others provides that the memorandum of appeal shall be drawn up in accordance with Rules 125, 130 and 131 of Chapter IX of the High Court Rules and shall be accompanied by a certified copy of the judgment or order appealed from along with two extra typed copies of the judgment or order. As stated above, the appeal u/s 18 was not accompanied by the certified copy of the judgment.