9911796707
TMI Blog2016 (4) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... e office objections. Each of these objections have been enumerated on the reverse of the file. In the presence of the then advocate appearing for the Revenue, time was granted as per rules to remove them. Some objections were indeed removed but from what we find is that despite the endorsement "All queries removed / complied with on 14th February, 2013", the Registry had informed the advocate that in second set of the appeal paper-book, the exhibits are not marked as true copies by advocate. This is obvious for this is an Appeal assigned to a Division Bench. If the complete sets are not furnished, the Appeal cannot be placed for admission before such Bench at all. 4. After sufficient time to comply, the Registry listed the matter before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court Original Side Rules, matters are taken up by high level Registry officials so that they are ready in all respects before they are listed before the Court for admission / hearing. This is to afford an opportunity to the parties and their advocates to comply with all procedural requirements set out in the Rules. There is a separate Board which is prepared and duly displayed. In the age of Information Technology, parties cannot now say that they are unaware of the matters being listed. The Prothonotary & Senior Master's board and the Court's board, for at least a week if not sooner, is available to the parties. Therefore, the routine explanation of the Revenue officials that it was the duty of their advocate and they were n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this case hardly inspires confidence. 10. The advocate who filed the matter is no more and, therefore, a sympathetic view may be taken is the submission made out of sheer desperation. We do not know how before the date on which this application was listed before us ad a good 15 or 20 days earlier, the Registry makes available the file to an advocate of the Revenue and allows him to endorse on the original set that all objections are removed. The objections are removed on 3rd February, 2016, allegedly. The matter stood dismissed already on 30th March, 2013. In a dismissed matter, we do not think any such indulgence can be shown to the Revenue and its advocate. All the more since, realising that the appeal is already dismissed, the present ..... X X X X Extracts X X X X X X X X Extracts X X X X
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