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(Sobhanadri) Apparao Vs. the Government Pleader - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Reported inAIR1924Mad242
Appellant(Sobhanadri) Apparao
RespondentThe Government Pleader
Excerpt:
- coleridge, j.1. the petitioner applied under rule 32 civil rules of practice, for search of documents and was ordered to pay the fee prescribed under rule 36. he objects that there is no fee for rule 32 and that rule 36 applies only to rules 33 to 35 as these sections come under a separate heading, 'inspection of documents by a stranger' and that this heading covers rules 33 to 36 and not 32 which is under the heading, 'inspection of proceeding by a party.'2. i cannot agree for if so when he had put in his memorandum under rule 32 there the matter would end for the rule does not say what is to happen thereafter. it is rule 36 that says 'if leave is granted the following fees shall be paid and this must govern all the sections where leave is being asked.3. i dismiss the petition with costs.
Judgment:

Coleridge, J.

1. The petitioner applied under Rule 32 Civil Rules of Practice, for search of documents and was ordered to pay the fee prescribed under Rule 36. He objects that there is no fee for Rule 32 and that Rule 36 applies only to Rules 33 to 35 as these sections come under a separate heading, 'Inspection of documents by a stranger' and that this heading covers Rules 33 to 36 and not 32 which is under the heading, 'Inspection of proceeding by a party.'

2. I cannot agree for if so when he had put in his memorandum under Rule 32 there the matter would end for the Rule does not say what is to happen thereafter. It is Rule 36 that says 'If leave is granted the following fees shall be paid and this must govern all the sections where leave is being asked.

3. I dismiss the petition with costs.


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