MOORJI MANECK Vs. PASSU PARBHAT

JUDGEMENT

(1.) WHATEVER my personal view may be regarding the delegation of powers to the Prothonotary under Rules 81 and 321 of the Bombay High Court Rules, I find that the practice in the Prothonotary s office is that applications to issue short notice under Rule 321 are made to and disposed of by him. From the enquiries I have made I have reason to suppose that this practice is based on a legal interpretation of these Rules; and I further have no doubt that the legal interpretation in favour of the practice is one which it is quite open to an authority to take, on the terms of the Rules themselves. I am entirely new to the practice and procedure of this side of the Court and I am indisposed to act on a personal view of the interpretation of the Rules, which would interfere with the established practice. Therefore I hold that the notice of motion in this matter is not bad.