RAKHALDAS PRAMANICK Vs. SHANTILATA GHOSE

JUDGEMENT

(1.) This is the plaintiff's application for an order granting leave to him to pay the filing fees in respect of (1) exhibits, (2) depositions and (3) minutes of the proceedings had before the special Referee and that upon payment of filing fees the said exhibits, depositions and minutes be treated as properly filed with retrospective effect from the date when they should have been filed along with the first report of the Referee dated 4-5-1949.

(2.) There is little substantial objection to the order. As the parties made the documents exhibits, as the depositions were before the special Referee and as the minutes of the proceedings are the official records o.f what took place before the special Referee, bare justice demands that they should be allowed to be read as part of the proceedings in this matter. It will be an outright denial of justice now to say that exhibits actually tendered and made exhibits by both the parties should not be treated as exhibits and not read as evidence or that the depositions taken before the Special Referee and relied upon by both the parties should not be read as depositions or that the minutes of the Special Referee recording the proceedings before him should not be similarly treated. The order should therefore follow as a matter of course. If there was any question of any document which was not actually tendered & exhibited by any of the parties or if there was any documents which was not the depositions themselves or the minutes of the proceedings before the Court before which the proceedings took place, then there might have been other considerations. But such other considerations are entirely absent so far as this application is concerned and which is made only in respect of actual (1) exhibit, (2) depositions and (3) minutes.

(3.) It will be necessary to make here a few observations on the practice, the procedure and the Rules concerning the payment of filing fees in respect of exhibits, depositions and minutes as prevailing on the Original Side, because arguments at the Bar appeared to proceed from a misapprehension of the same.