MUNSHI Vs. STATE
LAWS(ALL)-1982-3-78
HIGH COURT OF ALLAHABAD
Decided on March 29,1982

MOHAMMAD KHALIL ANSARI Appellant
VERSUS
STATE OF VINDHYA PRADESH Respondents

JUDGEMENT

P.N.Bakshi - (1.) THE applicant was convicted under section 14 of the Employees Provident Fund Act and sentenced to a fine of Rs. 200/- by the trial court.
(2.) HE filed a revision before the Civil Judge, Gorakhpur, who has passed the impugned order dated 23-1-1982 rejecting the same in limini, hence this revision. Learned counsel for the applicant has admitted before me that because the certified copy of the judgment was short by a stamp of Rs. 7/- and the deficiency was not made good, therefore his appeal was dismissed. Obviovsly it is not open to a Court to act upon documents wliich have not been properly stamped, for suit documents can not be taken into consideration. However, in the interest of justice, it is but fair that an opportunity should be given to the applicant to make good the deficiency and then his appeal should be heard on merits. This revision application is hereby allowed and the District Judge, Gorakhpur, is directed to admit the appeal filed by the applicant provided he makes good the deficiency in Stamp of Rs. 7 within 3 weeks from today. Thereafter he shall proceed to decide the appeal in accordance with law.
(3.) A copy of this order shall be given to the learned counsel for the applicant on payment of usual charges. Revision allowed.;


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