Ramendra Mohan Datta, J. - (1.) This matter has come up before me lor review of taxation of the Bill of Cost No. 272 of 1967 and for an order, inter alia for varying and/or setting aside the findings of the Taxing Officer given on 12th August, 1970. The matter in question arises out of an application made before A. N. Sen J. by one of the parties herein claiming the following reliefs :-- (a) Time to file the report by the Special Referee be extended by two months from date of the order to be made hereon; (b) The Special Referee be directed to proceed with the reference in terms of the consent decree and orders dated 8th March, 1965 and 26th August, 1965) (c) That the Special Referee be directed to follow the procedure laid down by the reference rules of this Court and in the Code of Civil Procedure : (d) The Special Referee do proceed with reference in respect of matters and/or issues which arise under the consent decree and not to bring in matters which are beyond the scope of enquiry; (e) The orders by Special Referee for filing of additional or amended statement of facts by oral application on behalf of plaintiff may be set aside : (f) In the alternative. Special Referee do file a special report as to wiry the plaintiff is allowed to file the additional statement of facts in the manner sought to be done and at this stage : (g) Costs of and incidental to this application may be paid by the plaintiff, and (h) Such further order or orders be made as to this Hon'ble Court may seem fit and proper.
(2.) That application was moved before A. N. Sen J. on a notice of motion and an order was made inter alia to the following effect : "And it being made clear that this Court in setting aside the order of the Special Referee as hereinafter mentioned only on the ground that he made the order without a proper application and without giving the defendant opportunity to oppose the same and that this Court is not setting aside the said order on the ground that such an order should not have been made. It is ordered that the time for the Special Referee to file his report herein be and the same is hereby extended by six months from the date hereof. And it is further ordered that the orders of the said Special Referee for filing of additional or amended statement of facts by oral application on behalf of the plaintiff be and the same is hereby set aside. And it is further ordered that the plaintiff be at liberty to make proper application before the Special Referee for leave to file the additional statement of facts and that such application for leave shall have to be moved upon notice thereof to all the defendants with a copy of the proposed additional statement and also the grounds on the basis of which it is sought to be made and that the defendants be at liberty and entitled to oppose the said application if so advised by using affidavit and that the said Special Referee shall thereupon decide the question in accordance with law upon the materials placed before him. And it is further ordered that the parties concerned and the Special Referee do act on a copy of the minutes of this order signed by an officer of this Court being shown to them and it is further ordered that each party do bear and pay its own costs of and incidental to this application to be if necessary taxed by the Taxing Officer of this Court."
(3.) When the matter came up before the Assistant Taxing Officer it was contended on behalf of the applicant that the matter before A. N. Sen J. should have been moved by chamber summons and not by way of notice of motion and the bill of cost should be allowed in accordance with the scale of fees or charges prescribed for chamber summons. The Assistant Taxing Officer upheld the contention. The matter was heard on appeal by the Taxing Officer on 12th August. 1970 and the same was set aside by the said Taxing Officer. It has now come up before this Court for review.;