Kerala High Court Asks Lawyers To Attach Order Passed In First Instance With Revision Petitions, Asks Registry To Be Vigilant
The Kerala High Court has held that filing revision petitions without attaching the order passed in first instance is in total violation of the High Court's Practice Rules.It has ordered all lawyers and litigants to ensure that when Revisions, Criminal Revision Petitions, Original Petitions are filed, it must also contain the certified copy of orders passed in the first instance.A Division...
The Kerala High Court has held that filing revision petitions without attaching the order passed in first instance is in total violation of the High Court's Practice Rules.
It has ordered all lawyers and litigants to ensure that when Revisions, Criminal Revision Petitions, Original Petitions are filed, it must also contain the certified copy of orders passed in the first instance.
A Division Bench comprising Justice Amit Rawal and Justice C.S. Sudha said the Registry has not been raising objection on this issue and hence it is constrained to pass a judicial order directing "all lawyers/litigants to attach the copy of the orders passed in the first instance, in cases of Revisions, CRPs and OPs. Practice of not attaching the order, is totally in deviation to the High Court Rules.”
The Court was in seisin a Criminal Revision Petition which was filed against an order of the Waqf Tribunal. The Court noted that the paper book contained only the order passed by the Waqf Tribunal and not the order of the Waqf Board against which the appeal was preferred before the Tribunal.
The Court examined Rule 45 of the Kerala High Court Rules and Practice, 1971 which provides the procedure for filing Revision Petitions before the High Court. It is extracted below:
“45. Papers to accompany Revision Petitions:- A revision petition shall be accompanied by a certified copy of the order or decree sought to be revised, a certified copy of the judgment, if any, on which the decree or order is based, a certified copy of the judgment or order, if any, of the court or tribunal of the first instance, one additional set of typewritten (or printed) copies of the judgments and orders above-mentioned, by as many authenticated copies of the Revision Petition as there are respondents, two additional copies of the same for the use of the court and the fees prescribed for service of notice with the particulars thereof. “
On reading the above provision, the Court stated that a revision petition should be accompanied by orders which were subject matter of the appeal before the appellate authority other than the High Court. Thus, when a Criminal Revision Petition was filed against the order of the Waqf Tribunal, then it must also contain the order of the Waqf Board.
Counsel for the Revision Petitioner: Advocates T.M. Abdul Latheef and Abdul Majeed N
Counsel for the respondents: Advocates K Anand K and Hussain Koya Valiyaveedakath
Citation: 2023 LiveLaw (Ker) 544
Case title: Secretary v Muhammed Rasheed
Case number: CRP (Wakf) No. 23 of 2023