NAND KISHORE GUPTA Vs. HINDUSTAN COMMERCIAL BANK LTD

JUDGEMENT

(1.) IN this First Appeal From the Order under Order 43 Rule 1 (s) of the Code of Civil Procedure (for short the Code) against the order dated 2442-1993 rendered by Sri A. C. Verma, Civil Judge, Budaun, allowing the application of the receiver Nand Kishore Gupta, Advocate, in part in respect of the payment of the fees the point for our determination is as to whether the Appeal is maintainable.

(2.) THE learned counsel for the appellant urged that the learned Civil Judge has erred in law in refusing the relief in respect of payment of the appellant's fee substantially, consequently, this order is manifestly erroneous and deserves to be set aside.

(3.) BEFORE we proceed further to ascertain whether the impugned order was covered under the provisions of Rule 4, Order 40 of the Code, it is convenient to have certain Principles of interpretation of the procedural law. The principles of interpretation of the procedural law are slightly different than the principles in respect of substantive law.