P.B.Mukharji, J. - (1.) This is an application on behalf of Taxing Officer disallowing the costs of 36 attendances in a Chamber Summons as between party and party. These costs have been disallowed on the ground that they are costs of adjournments. Although the amount involved in the taxation is small, the point raised on this application is of considerable importance to the profession.
(2.) The Registrar as Taxing Officer who up-held the Assistant Taxing Officer's decision disallowing these costs, guided himself by an administrative direction which he has quoted in his order. That administrative direction has been challenged before me as having been obtained not in accordance with Rule 13 of Chapter 36 Original Side Rules relating to taxation which provides: "The Taxing Officer shall keep a book, in which he shall from time to time enter in writing a statement of any doubts or difficulties which in the course of taxation may have arisen as to the interpretation or construction of any of the Rules of the Court or the table of fees, and on which it may be desirable that the opinion of the Court should be ascertained, and shall submit the same at convenient opportunities to the senior Judge in Chambers and obtain his decision upon the point in question". The administrative direction relied on by the Taxing Officer was not taken in accordance with this rule. Officers in charge of taxation should acquaint themselves carefully with the Rules of the Original Side of this Court and the need for them to act according to such rules cannot be overemphasised in the interest of good administration.
(3.) The question of taxation in this case arose out of an application for execution which was a Chamber Summons. The Chamber Summons was adjourned by consent of parties on 36 different occasions. On 3-12-1953 this application for execution on Tabular Statement in Chamber Summons was dismissed with costs. The said order has been drawn up, signed, completed and filed and the material portions regarding costs of that application are in the following terms: "And it is further ordered that the said applicant do pay to the defendants therein costs of and incidental to this application to be taxed by the Taxing Officer of this application for the employment of an Advocate".;