PANCHANAN SEN Vs. MADHU SUDAN MALLIK

JUDGEMENT

(1.) THIS Rule is directed against an order by which the District Judge of Nadia disallows a certain portion of the remuneration claimed by a Commissioner for local investigation. In making the order he has done the District Judge appears to have acted under a misconception of the Rules and Circular Orders of this Court by which the District Judge is given certain powers in the matter of the appointment of Commissioner to make local enquiries; and in this connection we should refer him to the case of Peari Mohan Kandu v. Mohini Kanta Saha Chowdhary 34 Ind. Cas. 855. We are informed that as a matter of fact the parties to the suit in question do not take exception to the bill that has been submitted by the Commissioner and are prepared to pay him the remuneration which he claims. In any case the matter is one which must be dealt with by the Subordinate Judge in whose Court the suit is pending. We, therefore, set aside the District Judge s order now complained of and remit the matter to the Subordinate Judge to be dealt with by him. We make no order as to costs.