B. L. Yadav, J. - (1.) IN this First Appeal From the Order under Order 43 Rule 1 (s) of the Code of Civil Procedure (for short the Code) against the order dated 2442-1993 rendered by Sri A. C. Verma, Civil Judge, Budaun, allowing the application of the receiver Nand Kishore Gupta, Advocate, in part in respect of the payment of the fees the point for our determination is as to whether the Appeal is maintainable.
(2.) THE learned counsel for the appellant urged that the learned Civil Judge has erred in law in refusing the relief in respect of payment of the appellant's fee substantially, consequently, this order is manifestly erroneous and deserves to be set aside. After scrutinizing the merits of the submissions, we are entertaining grave doubts as to whether this F. A. F. O. is maintainable under Order 43 Rule 1 (s) of the Code. It has to be ascertained as to whether the impugned order was passed under Order Forty rule 4 of the Code, as in order to be appealable under Rule I (s) of of Order 43, an order-must have been passed either under Rule 1 of Order 40, or Rule 4 of Order 40. As it was an order in respect of payment of fee of the Receiver it was not an order under Rule 1 of Order 40. Let us see whether it was an order under Rule 4 of Order 40, as it was urged by the learned counsel for the appellant that impugned order was passed under Rule 4 of Order 40. Ex abundanti Cautela, the statutory provisions of Rule 4 of the Order 40 is set out. "4. Where a receiver-- (a) fails to submit his account at such periods and in such form as the Court directs, or (b) fails to pay the amount due from him as Court directs, or (c) occasion loss to the property by his wilful default or gross negligence, the court may direct his property to be attached and may sell such property, and may apply the proceeds to make good any amount found to be due from him on any loss occasioned by him, and shall pay the balance (if any) to the receiver."
(3.) BEFORE we proceed further to ascertain whether the impugned order was covered under the provisions of Rule 4, Order 40 of the Code, it is convenient to have certain Principles of interpretation of the procedural law. The principles of interpretation of the procedural law are slightly different than the principles in respect of substantive law. Jn owners and Parties interested in M. V. Yali Pro. y. Fernendeo Lopez, JT 1989 (4) SC 10, Honourable J, S. Verma, J. was pleased to observe as follows : "Rules of procedure are not by themselves an end but the means to achieve the end of justice. Rules of procedure are tools forged to achieve justice and are not hurdles to obstruct the pathway to justice. Construction of a rule of procedure which promotes justice, and prevents its miscarriage by enabling the court to do justice in myriad situation, all of which can not be envisaged, acting within the limits of the permissible construction, must be preferred to that which is rigid and negatives the cause of justice.";