High CourtsDivision Bench(1927) 05 PAT CK 0025

Kuer Dasadh and Others vs Chulhan Singh and Others

Patna High Court · Decided on 26 May 1927 · Citation: AIR 1927 Patna 318

HON’BLE JUDGES
Das, J

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Judgment

4 paragraphs · 102 words

Das, J.—In my opinion the view taken by the learned District Judge is right and must be affirmed.

2.

Reliance is placed upon the provisions of Order 48, Rule 1 in support of the view that the Court has as discretion to direct that process should be served free of costs.

3.

But, as has been pointed out in the case of In re Studd [1899] 26 Cal. 124, the provisions of Order 48, Rule 1, operate as between party and party and not between the Government and the party.

4.

The application is rejected with costs. Hearing fee: one gold mohur.