The requirements of Order 4, Rule 21 of the Appellate Side Rules for filing a Civil Revision Petition are mandatory and cannot be dispensed with.

1. The prayer in this petition is as follows: “For the reasons stated in the accompanying affidavit, it is therefore prayed that this Honble Court may be pleased to condone the defective presentation of the above C.R.P. SR No. 40117 of 1996 in not filing the certified copies of the order and the Decretal order in I.A. No. 635/95 in O.S. No. 123/95 on the file of the District Munsif Court, Keeranur, Pudukottai District, at the time of presentation of the C.R.P. SR. No. 40117 of 1996 and condone the delay of 372 days in filing the above order and Decretal order and pass such further or other orders as this Honble Court seem fit and proper.”

2. From the records, it is seen that the Civil Revision Petition is filed against the order and decretal order dated 13-11-1995 on the file of the District Munsif-cum-Judicial Magistrate, Keeranur. That was an application filed under Order 6, Rule 17 of the Code of Civil Procedure by the plaintiff to amend the plaint. In this order I am not going into the merits of the order challenged in the revision. The records show that the revision itself came to be filed before this Court on 18th of June, 1996. The registry returned the papers for the first time on 5-7-1996. One of the returns is “certified copy of the order and decretal order in I.A. No. 635/1995 should be filed”. The second return was on 15-7-1996; the third return was on 8-10-1996 and the fourth return was on 12-3-1997. From the second and third returns referred to above, it is noticed that the requirement of the filing of the certified copies of the order and the decretal order had not been complied with. The records further show that the certified copy of the petition and order dated 13-11-1995 in I.A. No. 635/1995; certified copy of the decretal order dated 13-11-1995 in I.A. No. 635/1995 and the certified copy of the order dated 13-11-1995 came to be filed on 24th June, 1997 before this Registry. Thereafter, the Registry returned the papers once again on 12-6-1997 containing the following directions among other returns: “Affidavit and petition to condone the defective presentation of C.R.P. in not filing the certified copy of order and decretal order in I.A. No. 635/1995 at the time of presentation of C.R.P. should be filed.” To comply with this requirement of the Registry of this Court alone, C.M.P. No. 12805 of 1997 has come to be filed. Therefore one thing is clear i.e., on the date when the Civil Revision Petition was filed, the certified copy of the order and the certified copy of the decretal order in I.A. No. 635/1995 in O.S. No. 123/1995 on the file of the District Munsif-cum-Judicial Magistrate, Keeranur were not filed.

3. If that be the position, the question that falls for consideration in my hands at this stage is whether the relief as prayed for in C.M.P. No. 12805/1997 could be granted and if not what would be the appropriate application the revision petitioner should file? Since the issue on hand revolves round procedural aspect, I deemed it fit to have the assistance of the experienced lawyers on the appellate side practising in this Court. Mr. K. Yamunan, as well as Mr. N. Mani Narayan, Advocates were present on the last occasion when this matter was listed before me and I sought for their help in deciding this issues. Today Mr. K. Yamunan appeared in Court and assisted me with case laws, sparing his valuable time to enable me to decide the issues.

4. Before I proceed further, I want to place on record that the three certified copies of the orders referred to above have been made ready on 7-3-1996 itself and taken delivery on 11-3-1996. Therefore, those certified copies of the orders were available with the revision petitioner when he presented the revision for the first time before this Court on 18-6-1996.

5. The requirements to be complied with at the time of the Civil Revision Petition, as pointed out by Mr. K. Yamunan learned counsel appearing as Amicus Curiae, is provided for under Order IV, Rules