Umesh Chandra Banerjee, J. - (1.) The rules of the High Court at Calcutta has special significance in regard to the procedural aspect for the purpose of due administration of justice. It has stood the test of time and the powers of the High Court to frame the rules have been preserved under the Letters Patent which is saved by the provisions of Code of Civil Procedure. It appears that from time to time, the High Court by resolutions adopted rules of the Original Side which are also being saved by the Letters Patent and Code of Civil Procedure and have binding effect in regard to the suits instituted in the Original Side of this Court and certain other matters related thereto.
(2.) The matter in issue in this appeal is indeed an interesting one, as also important since it involves question in regard to the interpretation of these rules.
(3.) Chapter XIII of the Original Side Rules of this Court provide a special procedure by way of an originating summons which had its origin in English Rules of Supreme Court. This is undoubtedly a suit in the Original Side, but cannot be equated with it, since under the rules questions are framed for the purpose of being answered by this Court and the Court in its turn considers as to whether the questions are within the ambit of the rules of the Original Side and can be conveniently dealt with by way of an originating summons. In the event, however, the Court upon such consideration finds it otherwise, the Court will relegate the party applying to an ordinary suit.;