As the rule of direct involvement of a judge in doing judicial issues exists, article 54 of civil procedure code has entrusted the chief clerk the discretion of examining petitions, giving notice on the completion of petitions and rejection of incomplete petitions . This article through critical and analytical method serveys this practice from two theoretical and practical viewpoints, and finds it faulty. theoretically rendering the writ of rejection of petition by him is against articles 61,156, 34 and 164 of the constitution law and also against Sharia rules that imply the monopoly of a judge on adjudication. Practically Examination of a claim in terms of the payment of proceeding costs , postmarking lawyers, correct evaluation of object of a claim has a judicial nature and need to distinction between fiscal and non-fiscal claims , distinguishing organizations excempt from proceeding costs and evaluation of claim rules . Additionally controlling a petion in terms of mentioning obligations and bases of entilment and the plaintiff possesses to prove a claim depends on being able to infer substantive rules of a claim and proof rules that a chief clerk does not have such capability.