There must be consistency between the rules made by High Court and that of the C.P.C.

In this writ petition the challenge is of the circular ROC No.2548/78 F1 dated 10.9.1982 issued by the first respondent. The impugned circular as I find from the copy disclosed in the typed set of papers filed along with the writ petition reads as follows:

/ROC 2548/78.FI

CIRCULAR

Sub: COURTS - Civil - Compulsory-printing of judgments - Doing away with - Filing of typewritten/ cyclostyled/mechanically reproduced copies of judgments for purposes of Appeal - Acceptance of -Regarding.

Sub- rule (1) of rule 1 of Order XLI, C.P.C. is proposed to be amended so as to enable the filing of typewritten or cyclostyled or mechanically reproduced or printed copies of the judgments appealed against. The amendment seeks to do away with the compulsory printing of judgments and make the printing of judgments optional and filing of printed copies thereof also optional.

Order XLII of the First Schedule to C.P.C. is also sought to be amended on the like terms, enabling the filing of typewritten or cyclostyled or mechanically reproduced copies of judgments appealed against and making printing of judgments and filing of printed copies of judgments optional.

Consequential amendments to Rules 135 and136 in the Civil Rules of Practice and Circular Orders, Vol.1 (1941 Edition) relating to compulsory printing of judgments and orders have also been proposed.

The amendment to Civil Rules of Practice and Circular Orders seeks to delete the existing rules 135 and136.

The issue of the amendments proposed to the Civil Procedure Code and the Civil Rules of Practice and Circular Orders, is pending approval of the Government. It is likely to take sometime for securing the approval of the Government of the aforesaid amendments and issue thereof, the High Court directs that on and from 15.9.1982, the printing of judgments and orders need not be insisted upon, the filing of such printed copies for purposes of appeal need not also be insisted upon.

In appeals against original decrees, such number of typewritten/cyclostyled/ mechanically reproduced or printed copies of judgments and orders, as are necessary for service on the respondents to the Appeal and four additional copies, apart from the certified copy of the judgment/order, are to be filed along with the memorandum of appeal. The copies so filed shall be neatly and legibly prepared on thick paper and be free from errors. In case, the judgment is typed or cyclostyled, it must be typed or cyclostyled on one side of the paper only.

In appeals against Appellate decrees, the memorandum of appeal is to be accompanied by one certified copy of the decree of the Court of first instance and of the Appellate Court and such number of typewritten/cyclostyled/ mechanically reproduced or printed copies of the judgments of each of the said Courts, as provided for inOrder XLI , rule 1 of the First Schedule to the C.P.C. 1908.

These instructions may be adhered to strictly on and from 15.9.1982, after putting the Bar and the litigant public on notice.

The receipt hereof may be acknowledged.

High Court, Madras 600 104, Dated: 10th Sept. 1982.

Sd. S. Janarthanam,

Registrar.”

On a reading of the impugned circular, the effect of it appears to be that filing of printed copies of judgments and orders is made optional. Earlier to the impugned Circular, dated 10.9.1982, there was a Notification on 1.2.1979 proposing amendments to Orders 41 ,41-A ,42 and43 of the Code of Civil Procedure, hereinafter referred to as the Code, as well as rules 135 and136 of the Civil Rules of Practice and Circular Orders, Vol.1, Part I. The notification covered other provisions also about which we are not concerned. On the date when the writ petition was filed, the amendments had not been implemented and come into effect. Even on the date of the impugned circular the amendments had not come into effect and implemented. As a result the position was the unamended provisions of the Code and the Civil Rules of Practice and Circular Orders held the field. As per the said p