Skip to content


Baij Nath Das Vs. Sri Ram Charan Das - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberFirst Appeal No. 36 of 1953
Judge
Reported inAIR1954All812
ActsAllahabad High Court Rules, 1952 - Rule 13; Allahabad High Court Orders; Court-fees Act, 1870 - Sections 4
AppellantBaij Nath Das
RespondentSri Ram Charan Das
Advocates:R.B. Lal and ;R.B. Chaudhri, Advs.
DispositionAppeal allowed
Excerpt:
civil - court fee - chapter xiii rule 13 of allahabad high court rules, 1952 and section 4 of court fees act, 1870 - application to the court in a matter relating to the printing of the record - required to be stamped - preparation of record - ministerial function - not judicial function - application for translation and printing not required to be stamped-appeal allowed. - .....and printing of the record and for making an initial deposit the appellant applied to the deputy registrar for extension of time. the office has raised two objections to this application:1. that the application has been made before the time allowed for an application for printing had expired; and2. that it should be stamped.2. no doubt the application was premature but this does not justify its rejection and it can be considered when the necessity arises. the time has now expired and orders can be passed upon the application by the deputy registrar.3. secondly, applications relating to the preparation of the record made to the registrar (or, at lucknow, to the deputy registrar) are not applications for the exercise of the judicial functions of that officer. the preparation of.....
Judgment:

Kidwai, J.

1. In anticipation of the expiry of the time allowed by the Rules of the Court for the making of an application for the translation and printing of the record and for making an initial deposit the appellant applied to the Deputy Registrar for extension of time. The Office has raised two objections to this application:

1. That the application has been made before the time allowed for an application for printing had expired; and

2. That it should be stamped.

2. No doubt the application was premature but this does not justify its rejection and it can be considered when the necessity arises. The time has now expired and orders can be passed upon the application by the Deputy Registrar.

3. Secondly, applications relating to the preparation of the record made to the Registrar (or, at Lucknow, to the Deputy Registrar) are not applications for the exercise of the judicial functions of that Officer. The preparation of the record is a ministerial function and not a judicial function. It is for tin's reason that all the work is done by the office and the application for translation and printing is not stamped. Such matters have to be placed before the Court only when, owing to steps not being taken, the appeal might be dismissed, i.e. the judicial function of passing a decree has to be performed. They also come before the Court when an order of the Registrar is objected to and then they assume the form of an appeal to the Court against the order of the Registrar. It is only an application to the Court in a matter relating to the printing of the record that requires to be stamped and not applications to the Registrar (or the Deputy Registrar).

4. The application is, therefore, entertainable andit will be laid before the Deputy Registrar for hisorders.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //