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Balram Singh vs Sub-Divisional Officer And Ors.

High Court Of Judicature at Allahabad|21 April, 2006

JUDGMENT / ORDER

ORDER Amitava Lala, J.
1. This review application is made beyond the period without formulation of grounds and without appropriate court fees. When it has been pointed out. the learned Counsel appearing for the petitioner wanted leave to grant time to put the court fees and formulate the grounds of review.
2. At this Juncture we have gone through the Allahabad High Court Rules about the application for review. Chapter V. Rule 12 of the Allahabad High Court Rules prescribes procedure for making application for review. We find therein that the first part of the Rule 12 is relevant for the purpose. Therefore, the said part is quoted hereunder :
...An application for the review of a judgment shall be presented to the Registrar, who shall endorse thereon the date when It is presented and lay the same as early as possible before the Judge or Judges by whom such judgment was delivered along with an office report as to limitation and sufficiency of court fees. If such Judge or Judges or any one or more of such Judges be no longer attached to the Court, the application shall be laid before the Chief Justice who shall, having regard to the provisions of Rule 5 of Order XLVII of the Code nominate a Bench for the hearing of such application....
3. Our reading is that there should be a scrutiny about the sufficiency of the court fees by the office. Such scrutiny can only be made by the Stamp Reporter. Therefore, scrutiny of the court fees by the Stamp Reporter before presentation of the review application In the Court is an essential duty of the Registry. It relates to revenue earning of the Court which should not be ignored. We cannot entertain review application lightly like other miscellaneous applications including recalling/modification as a matter of course. The scope of the review application is very limited. Therefore, the appropriate procedure should not be discouraged also for the purpose of reducing number of litigations. Thus, according to us making application to the Registrar with office report about the court fees as per the rule Is not an idle formality. It has to be taken into account with true spirit of the rule.
4. However since it is the first matter precisely when this Court thinks on the aforesaid line, instead of passing an order of dismissal let the file be sent to the Registry for the purpose of scrutinization by the Stamp Reporter and deposit of deficit court fees, if any as a last chance. After completion of the formalities so directed hereunder within a week from this date, the matter will be placed in the list as and when the Bench will sit. However, leave is granted to file supplementary-affidavit stating all the grounds on the next date of hearing.
5. This order is to be treated as mandate upon the Registry including Stamp Reporter of this Court in connection with the entertaining the review applications.
Sanjay Misra, J.
6. I agree.
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Title

Balram Singh vs Sub-Divisional Officer And Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 April, 2006
Judges
  • A Lala
  • S Misra