PAIKU KASHINATH Vs. GAYA W/O. MOTIRAM

JUDGEMENT

(1.) THIS is an application for revision of an order dated 22nd January 1946 passed by Mr. M.V. Gokhale, Additional Civil Judge, Class II, in civil Suit No. 78A of 1940, decided on 13th February 1943.

(2.) DURING the trial of the case two documents Exs. P-3 and D-2 were produced. They were exchange deeds concerning immovable property. The Court did not impound these documents and proceeded to judgment which was delivered on 13th February 1948. After this an appeal was filed and disposed of on 12th February 1944.

(3.) PURANIK J. before whom the case came in motion issued notice to the Advocate-General. At the hearing Mr. W.B. Pendharkar, Additional Government Pleader, appeared to show cause. He contended on the authority of In re Narayandas A.I.R. (30) 1943 Nag. 97 and Lokmat Motor Service v. New Lokmat Lodging A.I.R. (32) 1945 Nag. 178 that no notice ought to have issued to the Advocate-General and he requested that he be discharged. Though the question concerns revenue no provision exists for such notices and in many cases the Court is left without assistance to the detriment of the State. However, at my request Mr. Pendbarkar argued the case and I am grateful to him for his assistance.