1975 (10) TMI 105

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....ideration of three obstacles in the way of the appellant which we now proceed to dispose of. The facts necessary to appreciate the controversy are minimal and emerge from the brief, though sufficient, discussion that follows. Brevity is not inconsistent with clarity and prolixity is not always or ever a virtue. The first fatal objection to the Government's case stated in the order of the High Court, is the ratio in a Full Bench decision in Bikram Das v. The Financial Commissioner, Revenue, Punjab, Chandigarh and ors. (A. I. R. 1975 Punjab & Haryana 1) which holds that rule 3 relating to filing of Letters Patent Appeals is mandatory which, in this instance, has not been complied with, resulting in the dismissal of the appeal in limine....

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....f work. That apart, we see no reason to differ from the learned single Judge's finding on this matter. That should put the lid on this appeal but the concern of the State is to set right the law regarding rule 3 above mentioned. Counsel for the State contends that a large number of appeals will be affected by the interpretation of r. 3 of the Punjab & Haryana High Court Rules and orders, Vol. 5, Chap 2-C by the Full Bench in Bikram Dass (supra) A. I. R. 1975 Punjab & Haryana 1. What is pressed before us is that r. 3 which requires, in terms, that three typed copies of (a) the memorandum of appeal, (b) judgment appealed from, and (c) the paper book which was before the Judge from whose judgment the appeal is preferred, is not manda....

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....he circumstances bearing on the importance of the condition, have all to be considered before condemning a violation as fatal. It is obvious that even taking a stern view, every minor detail in r. 3 cannot carry a compulsory or imperative import. After all what is required for the Judges to dispose of the appeal is the memorandum of appeal plus the judgment and the paper book. Three copies would certainly be a great advantage, but what is the core of the matter is not the number but the presence, and the over-emphasis laid by the Court on three copies is, we think, mistaken. Perhaps, the rule requires three copies and failure to comply therewith may be an irregularity. Had no copy been furnished of any one of the three items, the result ....