LI Network
Published on: February 19, 2024 at 18:58 IST
The Allahabad High Court expressed dissatisfaction with the Stamp Reporter section for incorrectly categorizing an application related to a temporary injunction in a pending suit as a ‘Second Appeal.’
The Court observed that the newer generation of staff in the Stamp Reporter section lacks sufficient legal knowledge, despite being adept at computer operations.
Justice JJ Munir’s bench remarked, “…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 computers, on which they enter data.”
The Court highlighted the importance of the person in charge of the Stamp Reporter Office being well-versed in procedural codes and court rules to effectively fulfill their duties.
These comments were made in response to a ‘second appeal’ filed by an appellant challenging an order by the Additional District Judge of Azamgarh. The order affirmed the dismissal of the appellant’s temporary injunction application in a pending suit by the Civil Judge (Senior Division) Azamgarh.
The Court expressed shock at the listing of the matter as a second appeal when the impugned order was not a decree within the jurisdiction of Section 100 of the Code of Civil Procedure (CPC).
The Court emphasized that litigants often underestimate the expertise of legal professionals, leading to such errors in the filing of appeals.
Furthermore, the Court criticized the Stamp Reporter’s office for failing to recognize that the impugned order was not a decree eligible for a second appeal.
A stamp reporter’s role is considered paralegal, requiring a thorough understanding of procedural codes and court rules to effectively report on matters such as maintainability, limitation, and sufficiency of court fees.
The Court stressed the importance of stamp reporters possessing a comprehensive understanding of legal procedures to discharge their responsibilities efficiently.
Case title: Tufel Ahamd vs. Abu Rafat And 5 Others