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2000 Supreme(Kar) 564

H.N.TILHARI
EXECUTIVE ENGINEER,ZILLA PARISHAD ENGINEERING SUB-DIVISION,SHIRHATTI – Appellant
Versus
GURAPPA SIDDRAMAPPA – Respondent


Advocates:
M.V.SHAMANNA, MAHESH VADIAR, MOHAN SHANTANA GOUDAR

H. N. TILHARI, J.

( 1 ) HEARD Sri M. V. Shamanna, learned Government Advocate for the revision petitioners, and Sri Mahesh Wadiar for Sri Mohan Shanthana Goudar, learned counsel for the respondents.

( 2 ) THIS revision has been filed against the order dt. 24-1-1998 whereby the trial Court has refused to accept the appearance and vakalathnama put up by the Additional Government Pleader, Laxmeshwar, as it did not contain the Advocates' Welfare Fund Stamp which is required by law to be affixed on the Vakalathnama.

( 3 ) THE learned Government Counsel contended that the Court below acted illegally in rejecting the Vakalathnama and in directing that the case shall be proceeded ex parte.

( 4 ) I have perused S. 23 of the Karnataka Advocates' Welfare Fund Act, 1983. It will be appropriate at this juncture to quote the same in extenso. "section 23. Vakalath to bear stamps.- (1) Every Advocate shall affix one welfare Fund stamp on every vakalath filed by him and no vakalath shall be filed before or received by any Court, tribunal or other authority unless it is so stamped. (2) Every welfare Fund stamp affixed on vakalaths filed before any Court, tribunal or other authority shall be cancelled




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