DULAL CHANDRA GHOSH @ DULAL GHOSH & ANR Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-3-26
HIGH COURT OF CALCUTTA
Decided on March 15,2018

Dulal Chandra Ghosh @ Dulal Ghosh And Anr Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Protik Prakash Banerjee, J. - (1.) I have read the earlier orders passed in this matter, including the order dated February 6, 2018. By the February 6 order a rule nisi was issued in terms of prayers (a), (b) and (c) of the writ petition. It was an interlocutory order since an order was also passed along with it. Besides, naturally formal rule having been issued there would be a standard form for such an order which would have the same date. On internal page 4 of the said order the writ petitioners were directed to put in "the requisites within February 12, 2018."
(2.) In terms of Rule 36(1) of Appendix 4 to the Appellate Side Rules, in all petitions marked "Appellate Side" the rules relating to civil revision are to be followed in respect of the matters enumerated under Rule 36 sub-rule (1). Sub-rule (1) Clauses (a) and (b) relate to drawing up of rule nisi and service of all orders and rule nisi and costs of serving of interlocutory orders read with Part II Chapter IV Rules 11 and 12 and Part II Chapter V Rules 31, 33, 33A, 34, 35, 36 and 37.
(3.) It appears to me that for service of rule nisi in a case where an interlocutory order has been passed, the writ petitioner was required to take the following steps - a) Pay the process fees and costs for service of notice on the respondent(s) and deposit the same along with such number of writ petitions as there are respondents and such number of notices as there are respondents with the date of the notice and the appearance being left blank; b) deposit such number of notices in printed form, as there are respondents, with the date of the notice and the date of appearance being left blank along with process fees for service of the same; c) deposit the fees for drawing up of rule nisi; d) deposit the fees for service of the rule nisi.;


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