JUDGMENT Randhir Singh, J. - This is an application for leave to file a special appeal against the appellate judgment of a learned single Judge of this Court. 2. The relevant part of Rule 5 of Chapter VIII of Rules of Court is as follows:- "An appeal shall lie to the Court from a judgment of one Judge made in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a court subject to the superintendence of the Court, where the Judge who passed the judgment declares that the case is a fit one for appeal." 3. This is followed by Rule 6 which is as follows:- "Where a Special Appeal from the judgment of one Judge does not lie unless such Judge has declared that the case is a fit one for appeal an application for such declaration may be made orally before or at the time when the judgment is delivered. The Court shall thereupon record an order granting or refusing to grant such declaration." 4. A perusal of the above two provisions in the Rules clearly indicates that the declaration that the case was a fit one for appeal has to be made by the Judge who has heard the second appeal and this declaration has to be made at the time when the judgment is delivered. It is open to the Judge to make this declaration suo motu or at the oral request of the aggrieved party made before or at the time when the judgment is delivered. 5. It is argued that the word "may" used in Rule 6 should not be given the significance of the word "shall". T he intention of the rule seems to be that the request may be made orally but the word "may" does not govern the later words "before or at the time when the judgment is delivered." There is therefore no force in the contention raised on behalf of the applicants. 6. A similar view was taken in another application for leave to appeal by Malik, C. J. in civil Miscellaneous application no. 68 of 1953. 7. The application for leave to file a special appeal is, therefore, rejected.