RAJENDRA KUMAR Vs. PRABHU RAM BANA

JUDGEMENT

(1.) THESE two revision petitions stem from the same appellate order, dated November 16, 1995 passed by the learned Addl. District Judge, Ratangarh, whereby the appeal of the plaintiff Rajendra Kumar against the order of the trial court dated 21st April, 1995 dismissing the application filed under order XXXIX Rules 1 and 2, Code of Civil Procedure, was partly allowed. Hence both these petitions are being disposed by this common judgment.

(2.) THE relevant facts are as follows: Mr. Prabhoo Ram (hereinafter 'the petitioner') was appointed a Notary pursuant to the provisions of the Notary Act, 1952 (for short 'the Act') and the Notary Rules ('the Rules' hereinafter) by the State Government by order dated 9th December, 1987, to practice as such in Doongargarh, District -Churu for a period of three years from 3.12.1987. A certificate Under Section 5 of the Act was also issued in his favour. It has been stated that the area of practice of the petitioner was extended under Rule 8 -A of the Rules by the State Government by order dated 22.8.1988 and he was authorised to practice throughout the District of Churu. It is also contended that the petitioner deposited fee of Rs. 100/ - on 4.12.1990 for renewal of the certificate of Notary for another three years and also submitted an application for this purpose to the Secretary (JD), Government of Rajasthan, Jaipur on 29.11.1990.

(3.) AGGRIEVED by the above order of the State Government, the petitioner filed a writ petition (No. 5608/92) before this court and on the stay application, this Court granted an interim order restraining the State Government from publishing the notification in respect of the order dated 22.7.1992 relating to the petitioner in the official Gazette. It was also submitted that the above writ petition is still pending and the interim order of this Court still subsists.