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Rajah Saheb of Vizianagram Vs. the Sub-collector of Berhampore - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in108Ind.Cas.656; (1928)54MLJ229
AppellantRajah Saheb of Vizianagram
RespondentThe Sub-collector of Berhampore
Excerpt:
- - the order of the sub-collector is clearly without jurisdiction and is therefore set aside, and the sub-collector will direct his office to furnish such copies as the parties may require on their furnishing the copy stamp papers......j.1. this is an application to revise the order of the sub-collector of berhampore demanding search-fees for supplying copies to a party. it is difficult to see under what provision of law the sub-collector directed search-fees to be paid by a party applying for copies of records in his court. there is no provision of law and there is nothing in the civil rules of practice or in any rule which governs the procedure in civil courts, authorising the levy of search-fees for supplying copies to litigants. when an application is made, all that is required by a party is to supply stamps for copies and, if the required number of copy stamps are supplied, it is the court's duty to furnish copies asked for. the order of the sub-collector is clearly without jurisdiction and is therefore set.....
Judgment:

Devadoss, J.

1. This is an application to revise the order of the Sub-Collector of Berhampore demanding search-fees for supplying copies to a party. It is difficult to see under what provision of law the Sub-Collector directed search-fees to be paid by a party applying for copies of records in his Court. There is no provision of law and there is nothing in the Civil Rules of Practice or in any rule which governs the procedure in Civil Courts, authorising the levy of search-fees for supplying copies to litigants. When an application is made, all that is required by a party is to supply stamps for copies and, if the required number of copy stamps are supplied, it is the Court's duty to furnish copies asked for. The order of the Sub-Collector is clearly without jurisdiction and is therefore set aside, and the Sub-Collector will direct his office to furnish such copies as the parties may require on their furnishing the copy stamp papers. If such illegal orders are passed, this Court will consider whether the officer passing such orders should not be made to pay the costs of an application of this kind.


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