LAL CHAND Vs. MANOJ KUMAR BAFNA

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the order dt. 31.5.2013 passed by the learned Civil Judge (JD) & Judl. Magistrate, Vijay Nagar, District, Ajmer, whereby it dismissed the application filed by the petitioner under S. 20 of the Rajasthan Advocates Welfare Fund Act, 1987. Learned counsel for the petitioner submits that the respondents had filed 'Vakalatnama' (Annexure -7) before the trial Court without any Court fee and therefore, it was not admissible in evidence.

(2.) LEARNED counsel for the petitioner further submits that under S. 20 of the Rajasthan Advocates Welfare Fund Act, 1987, every Vakalatnama is required to be filled properly and duly stamped with welfare fee etc. and therefore, in the light of the same, this could not have been admitted in evidence for lack of proper stamps on it as per the provisions of the Rajasthan Stamp Act. Accordingly, the trial Court has committed an error in admitting and holding it otherwise.

(3.) IT is apparent from the perusal of the above Section that in case, vakalatnama is presented/filed before any Court or Tribunal or any other authority then it should be properly stamped as required under the Act. However, this vakalatnama was kept in the office of the learned counsel for the respondents for issue of notice at that particular point of time. However, in the present case, as per the record, it has only been filed as an evidence that the notice was served under the authority to substantiate and nothing more. Therefore, I am of the view, that only on the ground that proper stamps were not affixed on the vakalatnama, will not make any difference.