HCROMP 519Chapter X · Copies

Section 519 · Section 519

(1)

Every application shall be accompanied by an advance sufficient to cover the estimated cost of the copy applied for and the cost of the court-fee stamps, if any, required under Articles 6,7 and 9, Schedule 1 of the Court-Fees Act, 1870 as amended, and also, where the copy applied for requires a nonjudicial stamp under the Stamp Act, 1899 by the requisite non-judicial stamp. If a copy of a map is to be prepared on tracing cloth the application shall also be accompanied by the tracing cloth. In the case of an application sent by post, the advance shall be remitted by money order.Note. - Applications received by post without the requisite non-judicial stamp or the tracing cloth should be registered in the register of application for copies, but in such cases copying may be considered to have been stopped for want of funds so far as it concerns the copies of those particular documents, and the applicant should be asked to supply the requisite stamp or the tracing cloth.

(2)

If a party requires delivery of a copy more expeditiously than would in the normal course of business occur, he may in addition to the application for copies, presented in the manner prescribed in Rule 1, file a separate application stamped under Article 1 (b), Schedule II, Court-Fees Act, 1870 (VII of 1870) praying for early delivery of the copies and stating the grounds on which such prayer is made.If such an application is received by post without requisite stamps, the head copyist shall cause the deficient stamps to be affixed and cancelled and debit the cost to the applicant's account. But if the account does not permit the deficiency of stamps to be made good in this manner, the application shall stand rejected.The application for early delivery will be immediately forwarded to the officer-in-charge of the copying section who shall deal with it forthwith and may, after taking into consideration the facts alleged in the application for early delivery and the state of business in the copying section allow the application and return it to the head copyist. The charge for copies, in respect of which an application has been allowed will be double the ordinary rate and the advance deposited with the application for copies should be worked out at double the ordinary rate. If the application is rejected the copies will be prepared in the ordinary way, the usual copying fee being charged and the excess will be refundable. If the application for early delivery is granted the copies applied for will be prepared as expeditiously as possible getting preference over ordinary applications for copies, and ordinarily should be made ready for delivery not later than two days after the order for early delivery is passed. The words "express delivery," shall be noted in red-ink at the top of the first page of the copies and in the remarks column of the Register of Application. Unless expressly ordered the extra costs for obtaining such an express copy shall not be taken into account in taxing the costs of any proceedings.

(3)

An application received by post before the arrival of the connected advance shall not be registered or acted upon until receipt of the advance. Should an advance be received before the connected application, the money shall forthwith be sent by the head-copyist to the Nazir. If no application is received within thirty days, the head-copyist shall demand return of money and proceed under Rule 540.

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