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1990 Supreme(Kar) 137

Karnataka High Court
P.Shanmugam - Appellant
Versus
Karnataka Electricity Board - Respondent
Decided On : 03-26-90
W.A.(F.R.) : 4133 of 1990

Advocates:
H.S.Jois

The duty of the appellant to show reasons for disturbing the judgment under appeal and the necessity to comply with the procedural requirements for filing an appeal.

Headnote:

Appeal - Filing of Invalid Appeal - Karnataka High Court Act, 1961, Section 4 - Rule 27 of the Writ Proceedings Rules 1977

Fact of the Case:

The appellant filed an appeal without stating any grounds and without signing the appeal memo, contrary to the requirements of Rule 27 of the Writ Proceedings Rules 1977.

Finding of the Court:

The court found that the appeal did not meet the necessary requirements and was therefore considered an invalid appeal. However, the court reserved liberty to the appellant to present a fresh appeal in accordance with the law.

Issues: Filing of an appeal without stating grounds and without signing the appeal memo.

Ratio Decidendi: The duty of the appellant to show reasons for disturbing the judgment under appeal and the necessity to comply with the requirements of Rule 27 of the Writ Proceedings Rules 1977.

Final Decision: The appeal was rejected as an invalid appeal, but the appellant was reserved liberty to present a fresh appeal in accordance with the law.

SWAMI, J.

( 1 ) THE office has raised an objectionthat the appeal is filed without the groundsand without being signed by the counsel. on going through the records, it is noticed that the appeal memo is as follows :"in the high court ofkarnataka at Bangaloreappeal undersection 4 of the Karnataka High Court Act,1961 writ appeal No. /1990 between : p. Shanmugam, major, junior assistant, o/o the executive engineer, (electrical), Karnataka electricity board, hunsur division, hunsur, Mysore district. . . . . appellant and; 1. Karnataka electricity board, cauvery bhavan, Bangalore-9, represented by its secretary. 2. The superintending engineer, electrical, Mysore circle, Mysore (keb ). 3. The executive engineer (ele), rural sub-division, Karnataka electricity board, Mysore. . . . respondents appellant herein most respectfully submits as follows : facts of the case r. 25 the appellants herein feels aggrieved by the rejection of the writ petition No. 9720/1982 by an order dated 11-1-90 made by a learned single judge of this Hon'ble court. Hence this appeal. . . . . . . . . 2. . . . . . . . "

( 2 ) FROM the aforesaid memorandum, it is clear that no grounds are raised. The appeal memo is not signed either by the appellant or his counsel. There is not even a memo of appearance, or the vakalath. Rule 27 of the writ proceedings rules 1977 (hereinafter referred to as the 'rules') is as follows :"27. Every writ appeal shall be preferred in the form of a memorandum signed by the appellant or his Advocate as per form No. V appended to these rules and shall be accompanied by a certified copy of the order appealed from, unless the court dispenses with the production of isuch copy. All the paragraphs therein shall be consecutively numbered and the memorandum shall contain the foliowing particulars : i) the name and description of the parties to the appeal and their respective ranks in the original proceedings and in appeal. Ii) the address for service of the parties und that of the appellant's Advocate at Bangalore. Iii) the date of the order and the number of the writ petition out of which the appeal arises. Iv) a concise statement of the facts which gave rise to the original proceedings and how they terminated. V) the grounds in support of the appeal. Vi) a list of authorities upon which the appellant relies together with a brief statement of the propositions'of law for which the authorities are relied on. "

( 3 ) THUS as per the aforesaid Rule, it is necessary for the appellant to state a concise statement of facts which gave rise to the original proceedings and as to how it terminated and then to state the grounds in support of the appeal and furnish the list of authorities which the appellant relies together with a brief statement of the proposition of law for which the authorities are relied upon. The ruie further makes it clear that the memorandum of appeal shall satisfy the aforesaid requirements and also the other requirements as stated in clauses (i) to (iii ).

( 4 ) NO doubt the aforesaid Rule is a Rule of procedure and it is to be interpreted so as to advance the ends of Justice and not to defeat it. We are also of the view that if the appeal memo is not signed, it does not result in invalidating the filing of the appeal and it will be a curable irregularity which can be permitted to be cured if an appropriate application is fiied seeking permission to sign the memorandum of appeal. But in a case where there are no facts stated and grounds raised in the memorandum of appeal, it cannot be considered to be an appeal. Even otherwise, no application is filed seeking permission to raise the grounds and sign the memorandum of appeal.

( 5 ) THE privy council in mt. Fakrunisa v moulvi izarus (a. i. r. 1921 p. c. 55 at page 56) while dealing with the duty of the appellant to show reasons for disturbing the judgment under appeal has observed thus :"in every appeal, it is incumbent upon the appellants to show some reason why the judgment appealed





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