9911796707
TMI Blog1991 (4) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... Court when it was observed that the certified copy of the judgment appeared to have been tampered with. In the column meant for indicating the date when the copy was ready there appeared to be some overwriting and in place of 2Ist May, 1990 the words and figures 27-7-90 seemed to have been overwritten. On suspicion being aroused the court directed the Stamp Reporter to submit a fresh report. In the meantime Sri Y. S. Rathor, had also put in appearance for the respondent to oppose it and, therefore, he was also granted time to file a counter-affidavit but none has yet been filed. The Stamp Reporter submitted a fresh report on 27th August, 1990 showing his inability to give any definite report in the matter unless a report from the District J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the D.G.C. (Civil) while giving his opinion had also clearly mentioned that the appeal was within time only up to 14th August, 1990. Certified copy of the judgment and decree along with the record and his opinion was then forwarded to the law officer of the appellant Corporation on 2-6-90 and necessary sanction to file the appeal was accorded on 20-6-90. These papers were received hack by the appellant on 26-6-90 and on 22-7-90 the deponent of the affidavit came to Allahabad and contacted the standing Counsel of the Corporation, Sri D. K. S. Rathor for filing the appeal. The deponent also obtained a receipt from the counsel after handing over the papers to him. The counsel then advised that the appellant should also deposit a sum of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emains unexplained. We are not informed by any affidavit or otherwise as to what really happened after the papers had been handed over to the learned counsel. The affidavit of the counsel or even of his clerk are conspicuous be (sic) their absence. Learned counsel for the respondent has vehemently urged that in this situation the only conclusion possible is that interpolation in the certified copy as to the date when it was ready could only have been made in the office of the counsel after the papers had been entrusted to him. We hesitate to accept this for, in our opinion, no counsel worth his salt is likely to indulge in this kind of fabrication or ever to stoop so low as to involve himself in such fabrication of Official record. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of laxity in issuing the certified copy Contrary to the rules by failing to mention the relevant dates both in words and figures. We cannot visualise any reason why the copy should have been issued without mentioning these dates in words also. The very purpose and rationale behind the Rules is to prevent any interpolation in the dates. If the Copying Department itself fails in mentioning the dates in words mistakes of this kind are bound to occur. 8. We would have wished if we could leave the matter here but of late we are experiencing a general deterioration in Copying Departments in most of the districts as we find that certified copies are now issued in total disregard of Rules. We have, therefore, decided to take up this matter on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce and the date of delivery in words as well as in figures. The text of the Rule may be reproduced here. Rule 260 -- When a copy is ready for delivery notice thereof in Form No. 30 shall forthwith be placed on the notice-board of the court; and the head copyist shall endorse upon the first sheet of the copy the date of the application, the date of posting the notice on the notice board, and the date when delivery of the copy was made. Such date shall be entered in words as well as in figures. (Emphasis ours) 11. The precise object of this rule apparently is to exclude all possibility of tampering with these dates which play a crucial role in computing the period of limitation. When the relevant dates are shown both in words and: figu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e working of copying Department. Office is directed to send a copy of this order to the District Judge, Gorakhpur along with photostat copies of the two certified copies accompanying the memo of appeal within ten days and the District Judge will send the report within two months of the receipt of the papers by him. A copy of this order be also circulated to all the District Judges and Officer-in-charge of Copying department in the State. 13. Enough on this aspect and let us now revert back to the case in hand. As we have observed earlier the material on record is not sufficient to fix responsibility for these alterations of date on any one and, therefore, we need not probe the matter further. Counsel for the respondent also was not ve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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