Section 36 in Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India
36. [ [[Rule 36 substituted vide Notification No. 8104-G dated 8th December, 2000. Earlier rule 36 stood as under:
'36. Except as otherwise specified in these Rules,-In respect of 'Original Side' application, the Rules of the Original Side relating to interlocutory application, and in respect of 'Appellate Side' applications, the Rules of the Appellate Side relating to Civil Revision cases shall apply mutatis mutandis, in respect of the following matters:(1)The drawing up of all interlocutory orders and the Rule nisi.(2)The service of all orders and the Rule nisi upon the respondent or respondents. Provided, however, that in applications marked 'Appellate Side', the cost of serving interlocutory orders by post upon the respondent or respondents shall be borne by the petitioner.(3)The appointment of Next-friend for a petitioner or a guardian ad litem of the respondents, where the petitioner or the respondent, as the case may be, is a minor or a person under disability.(4)The entering of appearance of the respondent or respondents, including the filing of Vakalatnamas and Powers of Attorney.(5)The making of interlocutory applications.(6)Affirmation of affidavits.(7)Filing of petitions and affidavits.(8)Payment of Court-fees.(9)Payment of Process-fees.(10)The drawing up of orders generally.(11)Assessment or Taxation of costs.(12)Any matter, Not expressly covered by these Rules.']](1)Except as otherwise specified in these Rules:In respect of "Original Side" applications, the Rules of the Original Side relating to Interlocutory applications, and in respect of "Appellate Side" applications, the Rules of the Appellate Side relating to Civil Revision Cases shall apply mutatis mutandis, in respect of the following matters:(a)The drawing up of the Rule nisi.(b)The service of all Orders and the Rule nisi upon the respondent or respondents. Provided, however, that in applications marked "Appellate Side", the cost of serving interlocutory orders by post upon the respondent or respondents shall be borne by the petitioner.(c)The appointment of Next-friend for a petitioner or a guardian-ad-litem of the respondents, where the petitioner or the respondent, as the case may be, is a minor or a person under disability.(d)The entering of appearance of the respondent or respondents, including the filing of Vakalatnamas and Powers of Attorney.(e)The making of interlocutory applications.(f)Affirmation of affidavits.(g)Filing of petitions and affidavits.(h)Payment of Court-fees.(i)Payment of Process-Fees.(j)The recording of orders generally.(k)Assessment or Taxation of costs.(l)Any matter, Not expressly covered by these Rules.(2)On all applications whenever an order shall be passed, the same shall become effective upon proNouncement thereof by a Judge or by the Judges, as the case may be dealing with the applications.]
