Y. K. Sabharwal J.

( 1 ) RULE 5 is as under :-

"rule - 5. Amendment - The D. R. , A. R. , Incharge of the Filing counter, may specify the objections (a copy of which will be kept for the court record) and return for amendment and re-filing within a time not exceeding 7 days at a time and 30 days in the aggregate to be fixed by him, any memo. of appeal, for die reason specified in Order XLI, Rule 3, Civil Procedure Code. (2) If the memo. of appeal is not taken back for amendment within the time allowed by DR, A. R. , it shall be registered and listed before the court for its dismissal tor non-procecution. (3) It the memo. of appeal is filed beyond the time allowed by the D. R. , A. R, under sub-rule (1) it shall be considered as fresh institution. "note - The provisions contained in Rule 5 (1), 5 (2) and 5 (3) shall mutatis munadis apply to all matters, whether civil or criminal.

( 6 ) RULE-2 reads as under :- Rule-2. Endorsement and scrutiny of documents.

" (A)THE officer in charge of the filing-counter shall endorse the date of receipt on the plaint, petition, application or proceedings and also on the duplicate copy of the index and return the same to the party. He shall enter the

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