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Smt. Habibunnisa Begum Vs. the Life Insurance Corporation and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberFirst Appeal No. 54 of 1977
Judge
Reported inAIR1980All147
ActsAllahabad High Court Rules - Rules 3, 42 and 48
AppellantSmt. Habibunnisa Begum
RespondentThe Life Insurance Corporation and ors.
Advocates:B.C. Dey, Adv.
DispositionAppeal allowed
Excerpt:
civil - printed paper book - chapter xiii rules 3, 42 and 48 of allahabad high court rules - process by which copies made out by cyclostyling is same as in case of printing - held, preparation of cyclostyled paper book would amount to preparation of printed paper book. - - 20,000/-.the number, where a printed paper book is required, shall ordinarily be ten while the number of copies to be prepared is to be six where the paper-book required under this chapter is to be type-written as provided under rule 42. it is laid down in rule 48 that where in the case of a first appeal the chief justice is satisfied that it may be disposed of on a question of law alone, he may order that a type-written paper-book consisting only of the memorandum of appeal, the pleadings in the case, the judgment..........has been made under the provisionsof chap. xiii of the rules of court, 1952which deals with paper books in first appeals. the question which has to be decided is whether a cyclostyled paper-book can be permitted to be preparedunder that chapter.2. rule 3 of chap. xiii provides that the paper book in first appeals valued at rs. 10,000/- or more shall be printed and in other first appeals, unless otherwise ordered, it shall be type-written. the limit about the valuation can be raised by the chief justice to an amount up to rs. 20,000/-. the number, where a printed paper book is required, shall ordinarily be ten while the number of copies to be prepared is to be six where the paper-book required under this chapter is to be type-written as provided under rule 42. it is laid down in.....
Judgment:

V.K. Mehrotra, J.

1. The prayermade in this application by the appellantis that he may be permitted to get thePaper Book in the appeal prepared out ofcourt by getting it cyclostyled. The application has been made under the provisionsof Chap. XIII of the Rules of Court, 1952which deals with Paper Books in First Appeals. The question which has to be decided is whether a cyclostyled Paper-Book can be permitted to be preparedunder that Chapter.

2. Rule 3 of Chap. XIII provides that the Paper Book in First Appeals valued at Rs. 10,000/- or more shall be printed and in other First Appeals, unless otherwise ordered, it shall be type-written. The limit about the valuation can be raised by the Chief Justice to an amount up to Rs. 20,000/-. The number, where a printed Paper Book is required, shall ordinarily be ten while the number of copies to be prepared is to be six where the Paper-Book required under this Chapter is to be type-written as provided under Rule 42. It is laid down in Rule 48 that where in the case of a First Appeal the Chief Justice is satisfied that it may be disposed of on a question of law alone, he may order that a type-written Paper-Book consisting only of the memorandum of appeal, the pleadings in the case, the judgment under appeal and such other papers as he may direct, be prepared. These rules occurring in Chap. XIII indicate that a clear distinction has been maintained between a printed and a type-written Paper-Book.

3. The word 'printed' has not been defined in the rules. In Webster's Third New International Dictionary, the word 'print' when used as a verb is, amongst others, defined as making a copy by impressing paper against an inked printing surface or by analogous method. Printing' in the same dictionary, has, inter alia, been described as reproduction (as on paper or cloth) of an image from a printing surface made typically by a contact impression that causes a transfer of ink. Cyclostyling is akin to the process of printing so understood for it involves reproduction by a man folding machine that utilises a stencil cut by a graver. The stencil is the surface from which reproduction on paper is made by the contact impression that causes the transfer of ink from the inked roller over which it is affixed. In essence, the process by which copies are made out by cyclostyling is the same as in the case of printing, namely, by transferring the image of letters from the printing surface as in the printing process where also the said surface comes in contact with an inked surface. In a general sense, a cyclostyled copy can be said to be included in a printed copy for purposes of the rules. The Press and Registration of Books Act, 1867 (Central Act No. 25 of 1867) also recognises cyclostyling to be printing by including it in the definition of the term 'printing' in Section 1. We are therefore, of opinion that for purposes of Chapter XIII of the Rules of Court, preparation of a cyclostyled Paper-Book would amount to the preparation of a printed Paper-Book. Consequently, wepermit the appellant to get a cyclostyled Paper-Book prepared and to file the requisite number thereof in the Registry of this court within a period of six months from today as prayed. The appellant would also include in this Paper-Book the papers on which the respondents wish to rely. The counsel for the respondents shall give a list of such papers to the counsel for the appellant within a month from today.


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