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Nallaboltu Bodi Naidu Alias Venkatappa Vs. Chengama Naidu and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1914Mad640(2); (1914)26MLJ9
AppellantNallaboltu Bodi Naidu Alias Venkatappa
RespondentChengama Naidu and ors.
Excerpt:
- - 1. so far as the rule at page 53 of the civil courts guide made under section 392 of the old code of civil procedure requires the sanction of the district judge for an inspection, it is clearly opposed to order 18 rule 18 of the present code which makes inspection purely a matter of discretion of the court......judge for an inspection, it is clearly opposed to order 18 rule 18 of the present code which makes inspection purely a matter of discretion of the court. the rule seems to apply only to cases where both parties agree to the inspection and seems, to make no provision for payment of expenses in other cases or either to prohibit the payment of expenses in other cases, j, but it is open to the district munsif, if he so desires, to make the inspection without charges and the district judge's sanction is not required for that purpose. it is perhaps not necessary that i should set aside his order refusing to inspect, because that order will not prevent him from acceding to another application if one is made. but it is necessary to point out that as the law now stands the district judge's.....
Judgment:

1. So far as the rule at page 53 of the Civil Courts Guide made under Section 392 of the old Code of Civil Procedure requires the sanction of the District Judge for an inspection, it is clearly opposed to Order 18 Rule 18 of the present Code which makes inspection purely a matter of discretion of the Court. The rule seems to apply only to cases where both parties agree to the inspection and seems, to make no provision for payment of expenses in other cases or either to prohibit the payment of expenses in other cases, J, But it is open to the District Munsif, if he so desires, to make the inspection without charges and the District Judge's sanction is not required for that purpose. It is perhaps not necessary that I should set aside his order refusing to inspect, because that order will not prevent him from acceding to another application if one is made. But it is necessary to point out that as the law now stands the District Judge's sanction to make an inspection is not required and the District judge's refusal will not affect the District Munsiff's discretion to make an inspection should be be asked to do so and see fit to comply without charges. The order does not therefore prejudice the petitioner. I need not interfere with it. I make no, order as to costs.


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