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K.H. Denial and ors. Vs. the Life Insurance Corporation of India and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAndhra Pradesh High Court
Decided On
Case NumberCivil Misc. Pen.. No. 7572 of 1971
Judge
Reported inAIR1973AP102
ActsHigh Court Rule - Rules 72 and 102
AppellantK.H. Denial and ors.
RespondentThe Life Insurance Corporation of India and anr.
Appellant AdvocateV. Gopalakrishnaiah, Adv.
Respondent AdvocateT.V. Suryanarayana, Adv.
Excerpt:
civil - printing charge - rules 72 and 102 of high court rule - whether printing charges for records can be dispensed with - in case value of appeal valued more than 20,000 appellant liable to pay printing charges of records - nothing in rule which provides for dispensing of such charges. - motor vehicles act (59 of 1988)section 149 (2): [v. gopala gowda & jawad rahim, jj] insurers entitlement to defend the action joint appeal by insured and insurer - held, the language employed in enacting sub-section (2) of section 149 appears to be plain and simple and there is no ambiguity in it. it shows that when an insurer is impleaded and has been given notice of the case, it is entitled to defend the action only on grounds enumerated in sub-section (2) of section 149 of the act, and no other..........the learned advocate for the petitioners contends that according to rule 102 of the rules, the registrar is given the power to dispense with the printing of the record. i cannot accede to this contention rule 102 provides:'notwithstanding anything contained in the foregoing rules, the registrar may suo motu or at the instance of a party for special reasons shown, direct that the records in any appeal be translated and typed by the office of the court. in such cases the following charges shall be collected from the parties in the manner prescribed for the collection of translation and printing charges in appeals from original decrees. 5. it will be observed that the discretion given to the registrar under rule 102 of the rules is only to the extent of the translation of any.....
Judgment:
ORDER

1. In this petition, the petitioner prays for an order to dispense with the printing of the material papers in C.C.C.A. 65/69 which is preferred against the judgment and decree dated 19-7-1968 of the First Additional Judge, City Civil Court, Hyderabad in O.S. No. 55/64. The petitioner has valued his appeal at Rs.28,748-50 P. It appears that a bill for Rs.650/- was issued by the office being the probable cost of printing of the documents. The ground on which the petitioner prays for dispensing with the payment of the lodgment schedule is that he is not in a position to deposit such a big amount. Since several petitions of this nature have been coming up for consideration before this Court. I had issued a notice to the Third Government Pleader, Mr. N.Rajeshwar Rao to assist the Court.

2. A reading of Rule 72 of the Rules of the High Court of Judicature, Andhra Pradesh. Appellate Side (therein after referred to as the Rules ) along with the proviso would show that printing of the record is compulsory when the value of the appeal is Rs.20,000/- and above, Rule 72 of the Rules reads as follows'.

'The record shall be in English and shall be printed on substantial white foolscap folio paper with an outer margin about two inches wide and inner margin about one inch wide and separate sheets shall be stitched together bookwise. The pages shall be consecutively numbered, and the printing shall be on both sides of the paper and numbers shall be expressed in figures. Every tenth line on each page shall be numbered.

Provided that in appeals in which the value of the subject-matter in dispute is less than Rs.20,000/- unless the Court otherwise orders it shall not be necessary to print any part of the record, but the record shall be got type-written by the Registrar on paper of foolscap size with double spacing and with 1 1/s' wide margin, each page containing not more than 32 lines:

........................'

3. It is manifest therefrom that so far as first appeals to the High Court which are valued below Rs.20,000/- are concerned, it is not in dispute that the proviso to Rule 72 of the Rules makes it abundantly clear that it is not necessary to get the record printed unless otherwise directed by the Court.

4. Mr. Gopalakrishnaiah, the learned Advocate for the petitioners contends that according to Rule 102 of the Rules, the Registrar is given the power to dispense with the printing of the record. I cannot accede to this contention Rule 102 provides:

'Notwithstanding anything contained in the foregoing rules, the Registrar may suo motu or at the instance of a party for special reasons shown, direct that the records in any appeal be translated and typed by the office of the Court. In such cases the following charges shall be collected from the parties in the manner prescribed for the collection of translation and printing charges in appeals from original decrees.

5. It will be observed that the discretion given to the Registrar under Rule 102 of the Rules is only to the extent of the translation of any vernacular record and its typing. It does not at all deal with the case of the printing of the record as envisaged by Rule 72 of the said Rules.

6. Hence I am of the opinion that in all first appeals to the High Court, the value of which is Rs.20,000/- or above the records will have to be printed. A reading of the preamble to the rules would show that they are meant to be observed. Hence only in exceptional circumstances the printing of the record could be dispensed with. What those special circumstances are would have to be decided according to the facts of the case. In the instant case, however I find that the circumstances pointed out by the petitioner do not warrant dispensing with the printing of the record. Four weeks' time is given to the petitioners to deposit the printing charges. I may here express my appreciation of the assistance rendered by Mr. N.Rajeshwara Rao, the third Government Pleader.

7. Order accordingly.


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