BACHUBAI MANJREKAR Vs. RAGHUNATH GHANSHYAM MANJREKAR

JUDGEMENT

(1.) ON July 8, 1941, the plaintiffs obtained a decree against the defendant for a sum of Rs. 10,794-10-0, costs and interest on judgment at six per cent. Mr. Bhimji for the plaintiffs applies for an order under Order XXI, Rule 41, of the Civil Procedure Code, 1908, for the oral examination of the defendant and his late accountant Purshottam Dattaram Shete, and for production of the books of account of the business of Ghanshyam Govind Tendolker and of Ganshyam Raghunath Manjrekar for Samvat Years 1994, 1995, 1996 and 1997 and for the production of the title-deeds and securities relating to the defendant's properties and business in Portuguese Goa.

(2.) MR. Kirtikar, the First Assistant Master, points out to me that for the last six years there has been a practice of this Court that applications for an order under Order XXI, Rule 41, of the Civil Procedure Code, should be made on a chamber summons. MR. Bhimji contests this position and argues, first, that there is no such practice, and, secondly, that if there is such a practice, it is not borne out by the decisions of our Court nor by the law nor by rules framed by our Court.

(3.) FURTHER, under Rule 79 of our High Court Rules, the mode of proceeding in chambers is by summons only when notice is required to be given, and Mr. Bhimji, I think, rightly contends that as Order XXI, Rule 41, does not require a notice to be given, it is not necessary that he should adopt the mode of taking out a chamber summons.