MALCHAND Vs. PURANMULL

JUDGEMENT

(1.) This is an application on behalf of Taxing Officer disallowing the costs of 36 attendances in a Chamber Summons as between party and party. These costs have been disallowed on the ground that they are costs of adjournments. Although the amount involved in the taxation is small, the point raised on this application is of considerable importance to the profession.

(2.) The Registrar as Taxing Officer who up-held the Assistant Taxing Officer's decision disallowing these costs, guided himself by an administrative direction which he has quoted in his order. That administrative direction has been challenged before me as having been obtained not in accordance with Rule 13 of Chapter 36 Original Side Rules relating to taxation which provides:

(3.) The question of taxation in this case arose out of an application for execution which was a Chamber Summons. The Chamber Summons was adjourned by consent of parties on 36 different occasions. On 3-12-1953 this application for execution on Tabular Statement in Chamber Summons was dismissed with costs. The said order has been drawn up, signed, completed and filed and the material portions regarding costs of that application are in the following terms: