Newer Generation Of Staff Recruited In HC's Stamp Reporter Section Has Scant Awareness About Law: Allahabad High Court

“…the newer generation of staff recruited in the Stamp Reporter have scant awareness about the law, though they may have plenty of knowhow in working with the computers, on which they enter data,” a bench of Justice JJ Munir observed.

The Court further noted that the person in charge of the Stamp Reporter Office, or so to speak, the Stamp Reporter “should be well versed in the procedural Codes and Rules of Court to effectively discharge his duties.”

These observations were made by the Allahabad High Court while dealing with a 'second appeal' filed by the appellant, contesting an order of the Additional District Judge of Azamgarh, wherein the ADJ Court had affirmed an order by the Civil Judge (Senior Division) Azamgarh, dismissing the appellant's temporary injunction application in a pending suit.

The ADJ Court passed the said order when the appellant preferred a miscellaneous civil appeal to it under Order XLIII Rule 1 (r) CPC and when the same was dismissed, the appellant moved the HC.

When the matter came up before the HC, the Court was 'shocked' that though the impugned order of the ADJ Court was not a decree, to be amenable to the Court's jurisdiction under Section 100 of the Code of Civil Procedure (second appeal), the same was listed as a second appeal before the HC.

“The appellant, of course, has his remedies against the order (of the ADJ Court), but to think that a duly advised second appeal would be preferred from an order passed by the Appellate Court under Order XLIII Rule 1(r) C.P.C. is something unimaginable in a High Court,” the Court observed as it emphasised that the impugned order, by no means, is an appellate decree within the meaning of Section 100 CPC.

The Court further stressed that this kind of “absurdity” surfaces because litigants, both private and official, tend to think small of Members of the Bar and generally engage Counsel not based on their experience and expertise, but on account of personal acquaintance.

“They sometimes seem to think that they are extending a favour to the learned Counsel by instructing him. Little do they realize, that is to say, the litigants that what is at stake is their own interest, whether the litigant be a private person or a State functionary,” the Court added.

The Court also pulled up the Stamp Reporter's office for not noticing that the impugned order was not a decree, against which a second appeal could lie before the HC.

“A Stamp Reporter's job is paralegal and he has to be well acquainted with the procedural Codes as well as Court Rules in order to make effective reports in matters that are presented to them for scrutiny before coming up in Court. The Stamp Reporter is the first Ministerial Officer, who reports on matters like maintainability of the proceedings instituted before us, limitation, sufficiency of Court fee and a host of other similar matters,” the Court remarked as it noted that a stamp report must possess a thorough understanding of procedural Codes and Court Rules to efficiently fulfil their responsibilities.

With this, the 'second appeal' was dismissed as being non-maintainable.

Case title - Tufel Ahamd vs. Abu Rafat And 5 Others 2024 LiveLaw (AB) 99 [SECOND APPEAL No. - 928 of 2023]

Case Citation: 2024 LiveLaw (AB) 99

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