SYAMALA PICTURES LTD Vs. M V SIVA SARMA

JUDGEMENT

(1.) This is an application to revise the order of the Subordinate Judge, Vijayavada enhancing the fee payable to the Commissioner from Rs. 350.00 to Rs. 1350.00. The question that arises for consideration is whether the subordinate Judge acted in accordance with the provisions of the Civil Procedure Code or the Civil Rules of Practice in directing an additional fee of Rs. 1000.00 to be paid to the Commissioner.

(2.) The relevant provisions are Order XXVI Rule 15(1) C P. C. and Rule 82 of the Civil Rules of Practice. Order XXVI Rule 15(1) C. P. C. is as follows:

(3.) The substantial question that tails to be decided is whether there is jurisdiction in the court to order additional remuneration to be paid. The provision for directing further sums to be brought into court at the instance of any party so far as our courts are concerned is Rs. 82 of the Civil Rules of Practice. The other High Courts exercise the power for payment of additional remuneration to the commissioner under Section 151 C. P. C. on the ground that it is not possible for the court to estimate the actual ice payable to the commissioner at the time of ordering the commission application. I am inclined to take the view that under Section 151 C. P. C. read with Rule 82 of the Civil Rules of Practice, the court has the power to direct additional fee to be deposited or paid to the commissioner in appropriate cases. .