ORDER:- Heard learned counsel for the petitioner and Additional Government Advocate on the question as to whether an affidavit sworn before a Notary and presented in this Court should bear a notary stamp of Rs. 3.20 under Article 42 of the Rajasthan Stamp Law (Adaptation) Act, 1952 (hereinafter referred to as 'the Act'). The affidavit which has been presented in this case was sworn before a Notary appointed under Section 3 of the Notaries Act, 1952, but as no stamp was affixed on the said affidavit, an objection was raised by the office that the affidavit could not be taken into consideration it was not properly stamped.

2. Learned counsel for the petitioner contends that no stamp duty is leviable in case an affidavit verified by a Notary is presented in this Court. The argument of the learned counsel is two-fold. In the first instance he relies upon a notification issued by this Court on January 29, 1963 and published in the Rajasthan Gazette dated February 21, 1963 Part 4 (c) whereby every Notary pointed under the Notaries Act, 1952 has been designated by the High Court to a person appointed under Section 139 of Civil P. C. and Section 539 of Criminal P. C. (Act No. 5 of