Heard Mr. Savani, learned advocate for the applicant.
2. Present application has been taken out seeking below mentioned relief/direction:-
"6(B) Be pleased to permit the applicant to present copy of the restoration application being Misc. Civil Application (Stamp) No.1272 of 2005 with annexure and also be pleased to permit to present of memo of Special Civil Application along with all annexure along with fresh Vakalatnama for the purpose of reconstructing the Misc. Civil Application (stamp) No.1272 of 2005 and Special Civil Application No.2828 of 1994."
3. In support of the request made in para - 6(B), the applicant has annexed to present application, a copy of the computer statement, i.e. status report, related to Misc. Civil Application (Stamp) No.1272 of 2005 in Special Civil Application No.2828 of 1994. According to the said status report, it appears that some application was filed by present applicant on 10.5.2005 and it was registered as Misc. Civil Application (Stamp) No.1272 of 2005 in Special Civil Application No.2828 of 1994.
4. From the note dated 9.4.2012 submitted by the office, it appears that the application filed on 10.5.2005 and registered as Misc. Civil Application (Stamp) No.1272 of 2005, is not traceable.
5. Therefore, the applicant has prayed for permission to reconstruct the said Misc. Civil Application. A photocopy of an application memo is placed on record of present application and it is claimed that it is photocopy of the said Misc. Civil Application (Stamp) No.1272 of 2005.
6. In view of the aforesaid facts, below mentioned order is passed:-
6.1 Office is directed to verify from the record as to whether any other application was filed which is/might have been registered as Misc. Civil Application (Stamp) No.1272 of 2005 in Special Civil Application No.2828 of 1994 or not and as to whether present applicant had filed such application or not. The Registrar shall record his finding on this count i.e. filing of an application by present applicant and what attempts to search it out have been made, by whom and when attempts were made and how and where it could have been misplaced.
6.2 After such verification and after recording his satisfaction about the aforesaid aspect, the Registrar concerned may record an order in writing about being satisfied with regard to the fact that the application as mentioned by the applicant was actually filed and was registered as Misc. Civil Application (Stamp) No.1272 of 2005 on 10.5.2005. It is, to say the least, very casual and irresponsible approach and response by the concerned departmental officers to simply put such note before the Court and shirk of the responsibility about custody of the record so casually.
6.3 After the said findings are recorded by the Registrar, the applicant may be permitted to reconstruct the application by written instruction to be passed and issued by the Registrar, if the Registrar is satisfied about the claim of the applicant and also about the fact that the original papers are lost and it is not possible to find it out. After the application supported by affidavit is submitted in the registry, the same will be placed for hearing alongwith report/order recording satisfaction of the Registrar.
With the aforesaid observations and direction, present application stands disposed of.
(K.M.Thaker, J.) kdc Top