Odisha Civil Court Rules

GENERAL RULES AND CIRCULAR ORDERS (CIVIL )
VOL.- I
Preliminary
1. Court Hour – (a) “ The hours of work in Civil Courts shall ordinarily be from 10.30 A.M to 5.00 P.M. , standard time, with a recess of half an hour between 1.30 P.M. to 2.00 P.M. wherever day sittings of the Courts are held and form 7-00A.M to 1-00 P.M. with a recess of half an hour between 10.00 A.M to 10.30 A.M wherever morning sittings of the Courts are held. The judges will so arrange the business of their Courts as to supply work for those hours”.
Note: The recess facility will be available only to the Presiding Officer.
(b) Sitting and rising hour – “The Courts shall ordinarily commence the sittings not later than 11.00 A.M. and rise at 4.00 P.M. when day sittings are held . They should commence the sittings not later than 7.30 A.M. and rise at 12.30 P.M. when morning sittings are held “.

Note 1 – The period during which morning sittings of the Courts will be held shall be fixed by the High Court by issue of general or special orders.
Note 2 – The hours of work and commencement of sittings of Civil Courts shall be regulated from time to time by issue of general or special orders by the High Court as and when necessary.
2. Administrative Days – The Distr ict Judges will devote all working Saturdays and the preceding working day of the Second Saturday in a month for administrative work at the headquarters subject to adjustment of hearing of part-heard Sessions Cases. They shall maintain separate diary for this purpose.
3. Days of sitting of Courts – (a) Subject to other provisions of this rule, no suit, case or appeal shall be heard on Sundays or holidays gazette under Sec.11(1) of the Orissa Civil Courts Act, 1984 (Orissa Act No. 18 of 1984).
(b) In respect of vacation as provided in Section 11(2) of the Orissa Civil Courts Act, arrangement for disposal of urgent matters arising during vacation shall be made in the following manner :
(i) Urgent matters to be heard ordinarily in a Court of District Judge shall be taken up by the Of f icer in the cadre of Orissa Superior Judicial Service (Senior Branch) who would be in charge of the Sessions Division during that period.
(ii) Urgent matters to be heard ordinar ily in a Cour t of Civil Judge (Senior Division) shall be taken up by the Presiding Of f icer of a Civil Court of the station who is placed in charge of discharging powers of the Court during vacation.
(iii)Urgent matters ordinarily to be heard in Courts of Civil Judge (Junior Division) shall be taken up by Of f icer of Orissa Judicial Service, Class-11 authorised by the District Judge who shall be deemed to be the Presiding Officer of the Court where the matter is to be ordinarily heard as if he has been posted by the High Court :
Provided that a Civil Court of higher pecuniary jurisdict ion except Court of District Judge can take up the matters if there is no of f icer available to be entrusted to remain in charge of the vacation Court by the Dist rict Judge. However, such Of f icer shall not be ent it led to hear the appeal or revision against the order passed during the vacat ion.
Note – Matters which could have been moved before the vacation commenced or matters which can wait till re-opening of Courts af ter vacation shall not be t reated as urgent .
(c) An application shall be filed supported by af f idavi t specifying the urgency fo r moving a matter during vacat ion in the Court , and the Cour t exercising the power during vacation shall record clear reasons of his sat isfact ion that the matter is urgent.]
4. Suspension of Court hour – The Presiding Of ficers of Courts are authorised to suspend the work for about half an hour or to stand in silence for a minute or two af ter a suitable reference has been made with a prominent local lawyer (or a person of repute) passes away and when request ei ther oral or in wr it ing for suspension of work is made to the Cour t. Facility should be given to the lit igants and members of the Bar who wish to attend funeral ceremony of such dead person.
5. Court to be closed in case of danger to Court’s property -Should any occasion arise when there is disturbance exposing Cour t ‘s property to danger the Presiding Of f icer may close the Court when no other course is available. Such instances shall be immediately reported to the High Court explaining in detail the circumstances leading to the closure.
6. Diary – (a) Every Civil Court shall maintain a Diary in the prescribed Form. Each case f or any day shall be entered in advance immediately upon a date or adjourned date being fixed, and the entry as to each case shall show the purpose for which it is set down on each particular, date, such as for final disposal, first hearing, or ‘ for settlement of issues, or for trial af ter adjournment. The diary will show br ief ly the progress made in each case, and when witnesses are examined in any case, the number of such witnesses examined on contest and without contest separately shall be stated. A running total in red ink should be inserted from day to day, in order to show the total number of witnesses examined during each quarter of the year. A new serial number should be started at the commencement of each cuarter.
(b) The top-most heading should be “For peremptory hearing” and under each heading should be grouped separately each class of cases in their chronological order according to the dates of their institution. The part -heard case adjourned on the previous day should be shown as the top case under the heading “peremptory hearing”.
(c) Appeals and Miscellaneous cases should also be shown in the diary in the above manner. Execution cases should be noted last of all .
(d) The reason for adjournment shall be br iefly stated in the Diary.
(e) The Presiding Judge shall inser t with his own hand in the appropriate place (i) the hours of his ar r ival in the off ice, (ii) the hour at which he takes his seat for judicial work, (iii) the time of rising, and (iv) the time of departure. In the case of any unusually short sitting on any day, a shor t note explaining the reason shall be given in the Diary.
Note 1 – When an of f icer has to perform criminal duties in addition to his work as a Civil Judicial Of f icer, he will maintain two separate diaries in the prescr ibed form, one for civil and the other for cr iminal work. He shall note the hours of sit ting and rising in the civil diary alone and the actual time devoted to criminal work in the criminal diary only. On days when he is engaged solely in civil work or criminal work, he shall note hours of sit t ing and rising in the civi l diary or cr iminal diary only, as the case may be.
Note 2 – The Diary shall be signed each day by the President Judge af ter careful scrut iny on completion of all the ent r ies therein.
Note 3 – A separate diary should be maintained f or the cases f ixed for all places of circuit.
7. Routine duties -The Judicial Of f icers are allowed to perform current and routine duties in the chamber in the event of indisposition for a maximum period of three days during any calendar year.
8. Daily cause lists – A daily list of cases shall be posted in some conspicuous place in every Court house for the information of the part ies and their pleaders. The cases should as far as possible, be arranged in the order in which they are likely to be taken up. Execution and Miscellaneous cases may be shown ei ther in the same list or in a separate list. The said list shall be prepared and posted on the preceding working day at 4.30 P.M. or in the case of morning sittings before 12 A.M. In the list, the cases will be sufficiently described by their number, year and class. At the close of each day, the Peshkar shall prepare four copies of advance daily cause lists in prescribed forms in a bound book of printed lined perforated pages with the help of carbon papers showing therein the cases f ixed for the next day. One copy of the list shall be posted in the Court ‘s notice board and another sent to the Secretary or ministerial employee or any other person authorised by the local Bar Associat ion for being posted in the notice board of the Bar Associat ion. The remaining two copies should be kept by the Peshkar for his next day’s use. At the close of the following day; he shall f i ll up the adjourned dates in the two copies of advance daily cause lists retained by him. He will then post one of these advance daily cause list in the Court ‘s notice board and take down the copy which was posted on the preceding day and will take down the copy which was posted on the preceding day and will send the other copy to the Secretary or ministerial employee of the Bar Associat ion for publication in the notice board of the Association. He will further prepare four copies of advance daily cause lists shall be sent to the Secretary, Bar Association through the Despatch Register in which the dated signatures of the recipient will be obtained.
Note 1 – The maximum number of cases to be fixed fo r hearing on any day may be half more than could be done on that day and preference be given to undone work of that day on the next day.
Note 2 – The lists shall be prepared in the language of the Court and shall remain posted for one week af ter which they shall be f iled in of f ice for future reference, if necessary. At the end of every quarter the lists for the previous quarter will be destroyed.
Note 3 -The lists shall be signed by the Presiding Judge and exhibited before he leaves the Court.
9. Court language -The State Government of Orissa have declared the following as Court languages in the dif ferent districts in the State of Orissa in supersession of all previous notifications and orders on the subject :
(1) In the dist rict of Ganjam except Oriya, Telugu & Ghumsur and the Balliguda Sub-,divisions and the 1[Civil Judge (Junior Division’s) Courts Aska English
(2) In Gunupur, Rayagada, Bissam Cuttack, Pattangi and Malkangiri taluks in Koraput distr ict Or iya,Telugu,& Engl ish
(3) In al l distr icts of the State except Nos. 1 and 2 above Or iya and English
10. Time for presentation of plaints and appeal memos – Plaints and memoranda of appeal may be presented at any time during the Courts hours.
11. Place of presentation of written statements, petitions etc. and time of disposal of them – Petitions, applications, written statements, etc. should always be taken in open Court and usually at the commencement of the daily sittings of the Court except the papers the occasion for filing of which arises during the trial. The majority of petitions can be disposed of by an order passed in Court as soon as they are filed. Where a reference to the record or to the other papers is necessary before an order can be made, petitions should be brought up with such record or papers in the course of
the day and order should then be passed in Court.
Note 1 – Application for compromise or withdrawal of suits and cases and memos of satisfaction of claims may be filed at any time during the Court hours.
Note 2 – The District Judge shall f ix for his Court and- or all Courts subordinate to him a time for presentation of such applications, petitions, etc. as can be presented to the Presiding Off icer only.
12. Manner of disposal of documents received by post or telegraph – No action shall be taken on document or proceeding which are required or authorised by law to be presented to or f iled in Court, but are sent by post or telegraph.
13. Seals – (a) The regular seal of every District Court shall be a circular seal, two inches in diametre and shall bear thereon the lion head on Ashok Chakra base with the following inscription in English and Oriya language “District Court of . .. .. . .”
(b) The seal of Court-of every 1[Civil Judge (Sr. Division)] shall be a circular seal, two inches in diametre bearing the lion head the inscriptions “Court of unlimited pecuniary jurisdiction of …….” in English and in the outer circle of ……” on the Oriya Language in the inner circle.
(c) The seal of the Cour t of every  1[Civil Judge (Jr. Division)] shall be acircular seal, one inch and a half in diametre bearing the lion head with the following inscription in English and the Oriya language “Court of the 1[Civil Judge, (Jr. Division)] of …. ………..”
(d) Use of custody of seals – The regular seal of the Court shall be placed in custody of a responsible off icer of the Court and documents required to be sealed with it should be sealed under his superintendence. Similar precautions shall be taken with respect to the Date seal, which is af f ixed to all documents and papers on their presentation to Court.  The regular seal is to be used for sealing all judgments and decrees (including those S.C.C. suits embodied in cause sheets), writs, processes, sale certificates, copies or other documents used. The date seal shall be af f ixed to all documents and papers presented in Court in such a way as to show clearly the date on which they were presented. If any Court fees labels appear on them, the date seal shall be affixed a second time in such a way as to deface the Court fee labels.
Note 1 – The order making the of f icers responsible f or the custody and use of the seals should be recorded in wr i t ing.
Note 2 – The use of name seals whether of Judicial or of minister ial of f icer is prohibited.
Note 3 – The worn out and useless Court seals, when replace by new ones, should be dest royed in the presence of the Presiding Of f icers concerned and note of such destruction should be made in the order book under the dated signature of the Presiding Of ficer.
Note 4 – So long as new seals are not supplied to the Court , the Cour ts shall cont inue to use the exist ing seals.
Note 5 – The seal of Addit ional Courts when such Courts cease to function shall be kept in the safe custody of the Sheristadar of the respective principal Courts.
PART – I
General Rules relating to practice and procedure
CHAPTER – I Pleadings, Petitions and Affidavits
14. Pleadings and petitions to be in English, if practicable – Parties should where practicable f i le pleadings, pet itions, applications and af f idavits in English and type-wr it ten.
15. Manner of preparation of pleadings, etc. – Every pleading, petition, af f idavit or application f iled in Court shall be –
(1) type-written or written on foolscap water marked plain demipaper, one side of the paper only being used and the quarter margin together with at least one inch of space at the top and bottom of each sheet being allowed :
Note – The paper indicated is that generally known as “pie” or 1[“Bond”] paper and is sold by the stamp vendors.
(2) couched in proper language;
(3) dated and signed by the person presenting it, and also, where necessary, by such other person as may by law be required to sign such pleading, pet it ion, af f idavi t or applicat ion;
(4) signed by the scr ibe or typist, who shall state the capacity in which he wr i tes it.
Note 1- This rule shall apply as far as possible to Vakalatnamas, Mukhtarnamas, process-fee sheets and similar other papers.
Note 2- A mukhtar is not permitted to sign pleadings, When a plaint or written statement is presented or tendered by a Mukhtar an endorsement shall be made therein by the officers of the Court receiving it in the following terms : “Presented by A.B. Mukhtar” The endorsement shall be signed by such of f icer and the Mukhtar.
16. Identif ication of Part ies – When the person present ing a pleading, af f idavit , petition or application is not an advocate, a pleader or a Mukhtar, he shall, if so required by the Court , be ident if ied. In the case of an i ll i terate person his thumb impression shall be af f ixed in place of the signature required in this connection.
17. Contents of pleadings, etc. – Every petition or pleading shall state consciously and clear ly –
(1) the facts, matters and circumstances, upon which the application relies;
(2) the matter of complaint, if any, and the relief sought or prayer made.
18. Authent icat ion of corrections – Every page in a pet it ion or pleading and every interlineat ion, alterat ion or erasure therein shall be authent icated by the init ials of the Advocate, pleader or Mukhtar as the case may be or the recognised agent of the par ty by whom it is presented. In the case of an aff idavit such authent icat ion shall be made by the ini tials of the Commissioner.
19. Noting valuation on petitions – On every interlocutory application or petition filed in a suit valued at less than Rs. 50 the parties shall note the valuation to enable a proper check to be made on the Court – fee paid.
20. Separate peti tions for separate mat ters – Appl icat ions in regard to dist inct subject -mat ters shall be made in separate pet it ions.
21. Verification of petition – Pet itions requiring verif icat ion shall be verified in the manner prescribed in Order VI, Rule 15, Civil Procedure Code.
22. Service of copies on parties – In contested or iginal suits no wr it ten statement , applicat ion or list of documents shall be f i led unless copies thereof have been previously served on the advocate or pleader for each set of parties whose interests are not joint . Provided that if, for any reason, copies cannot be so served, they may be f i led in Court together with the original wr it ten statement , list or applicat ion. Advocates or pleaders served with such copies shall give receipt on the original wr it ten statements, applications or lists. The copies shall be authent icated by the signatures of the Advocates or pleaders of the parties on each page on the bottom lef t hand margin.
Note – The above rule shall apply mutatis mutandis to all contested execution proceedings and miscellaneous judicial cases.
23. Carrying out amendments consequent to substitution of parties – Substitution of legal representatives of the deceased parties and consequential amendments in plaints, written statements petitions, objections ‘[petition for final decree] and memoranda of appeals should be carried out immediately af ter orders thereof are passed.
Note – If any of the parties dies, the numbers assigned to their names are to be continued and the names of their legal representatives are to be numbered as A, B, C etc., under the original number of the deceased party.
24. Order for receiving plaints -An order appointing an of ficer to receive plaints under Order IV, Rule 1 of the Code of Civil Procedure must be recorded in the order book of the Court.
25. Registration of plaints and petitions – All plaints and petitions required to be entered in any register must be registered on presentation irrespective of any question as to their possible rejection or of their having to be returned for amendment.
26. Registration of plaint to be within 24 hours – No plaint shall ordinarily remain unregistered for more than one day, but should it be found impossible for any reason to register a plaint within 24 hours of its receipt, the fact shall be reported to the Presiding Of f icer of the Court concerned.
27. Plaint list – A list of the plaints filed each day shall be posted the same day in the prescribed form in the language of the Court at some conspicuous place in the Court house for the information of the parties and their pleaders. It shall be signed by the Presiding Officer and exhibited as early as possible and in all circumstances before he leaves the Court. The lists shall be aff ixed one above the other in the form of a guard file. They shall remain posted for one week and thereaf ter shall be preserved in the office. The lists for a quarter shall be destroyed at the end of the succeeding quarter.
Note – The above procedure will apply mutatis mutandis to memoranda of appeals, but the District Judge shall decide whether the list of memoranda of appeals shall be in the Vernacular or in English.
28. Ex- officio Commissioner of affidavits – All the Registrars, Civil and Sessions Court, shall be ex-officio Commissioner of affidavits in respect of matters and cases arising within and subject to the jurisdiction of all the Civil Courts of the headquarters stations of the District Judge; and at the outlying stations all the Sheristadars shall be ex-officio Commissioners of affidavits in respect of matters and cases arising within and subject to the jurisdiction of the respective Courts in which they are employed.
29. Nazir to be Commissioner of affidavits relating to service of processes – All Nazirs shall be Commissioners of affidavits when such affidavits relate to service of processes and are sworn to by process-servers under them.
30. Cause title “of aff idavits – (a) Every af f idavit to be used in a Court of Justice shall be entitled “In the Court of …….. (Naming suchCourt) at .. …. ..”
(b) If there be a cause in Court, the affidavit in support of, or in opposition to, an application respecting it must also be entitled in the cause.
(c) If there be no cause in Courts the af f idavit shall be entitled “In the matter of the petition of ……”
31. Divisions into paragraphs – Every af fidavit containing any statement of facts shall be divided into paragraphs and every paragraph shall be numbered consecut ively and as near ly as may be shall be conf ined to a dist inct portion of the subject.
32. Description of deponent – Every person, other than plaintiff or defendant in a suit in which the application is made, making any affidavit, shall be described in such a manner as will serve to identify him clearly, that is to say, by the statement of his full name, the name of his father, his age, his profession or trade, and the place of his residence.
33. Manner of swearing – When the deponent in any affidavit speaks to any fact within his own knowledge, he must do so directly and positively, using the words “I af firm” (or “make oath”) and “say”.
34. How to be entitled – When any particular fact is not within the deponent’s own knowledge but is stated f rom information obtained from others the deponent must use the expression-“! am informed” (and if such be the case, should add) “and ver ify believe it to be true” or he may state the source from which he received such information. When the statement rests on facts disclosed in documents or copies of documents, procured f rom any Court of Justice or other sources, the deponent shall state the source f rom which they were procured, and his information, or belief, as
to the truth of the facts disclosed in such documents.
35. Identification of deponent – Every person making an affidavit, if not personally known to the Commissioner, shall be identified to the Commissioner shall specify at the foot of the petition, or of the affidavit (as the case may be), the name and description of him by whom the identif icat ion is made, as well as the time and place of identification and of the making of the af fidavit.
36. Reading over and explaining the contents to the deponent – If any person making an affidavit is ignorant of the language in which it is written or shall appear to the Commissioner to be illiterate, or not fully to understand the contents of the af f idavit the Commissioner shall cause the af f idavi t to be read and explained to him in a language which both he and the Commissioner understand, either doing so himself, or causing another person to do so in his presence. When any affidavit is read and explained as herein provided, the Commissioner shall cert ify in writing at the foot of the affidavit that it has been so read or explained, and that the deponent seemed perfectly to understand the same at the time of making the affidavit.
37. Indian Oaths Act – In administering oaths and affirmations to deponents, the Commissioner shall be guided by the provisions of the Indian Oaths Act (Act 44 of 1969), Christian deponents shall be sworn on the New Testament. The following form given in the Scheme of the said Act is to be used – In English.
FORM No. 4 (Affidavits)
Swear in the name of God
I do solemnly affirm that this is my name and signature (or mark) and that the contents of this my aff idavit are true.
38. Proof of facts by affidavit – In all suits and appeals, evidence should, as a general rule, “be taken orally in open Court in the presence, and under the personal direction and superintendence of the Judge” (Order XVIII, Rule 4). The power to order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, should be exercised only under special circumstances or as Order XIX declares, “for sufficient reason”, which should always be specified in the order. General orders cannot, therefore, be given for the admission of
affidavits in suits or appeals.
39. Proof of facts by use of affidavits based on knowledge – The Court should be careful to enforce Order XIX, Rule 3 and except in interlocutory applications (see Order XIX, Rule 2), to confine the use of affidavits to such facts as the deponent is able to prove from his own knowledge and to refuse statements founded on mere belief.
40. When filing of affidavit it compulsory – Every application under Rule 3, 4, 9 and 11 of Order XXII of the First Schedule to the Code of Civil Procedure shall be supported.
CHAPTER – II
Processes and Process –servers
I. PROCESSES
A. General
41. Description of the officer issuing process – In every process and order (of whatever description) issued by a Judicial Officer, for whatever purpose it may be issued or made, the name of the district and of the Court from which the same is issued and also the name and powers of the of f icer issuing or making it shall be clearly set out in such a manner that they may be easily read.
41-A. whenever notices/sumons/warrants are to be issued by the Court, the following shall be mentioned on the bottom of form for information about free Legal Services. “You are hereby informed that free legal services from the State Legal .Services Authorities, High Court Legal Services Committee, District Legal services Authori ties and Taluka Legal Services Committees, as per
eligibility criteria, are available to you and in case you are eligible and desire to avail of the free legal services, you may contact any of the above Legal Services Authorities / Committees.” “You are further informed that alternative Dispute Resolution (A.D.R.)/ Mediation facilities are also available in case you desire to avail the said facilities.”
42. Process to be in the language of the Court – (a) Processes should ordinarily issue in the language of the Court, but processes sent for service at any place where the language is dif ferent f rom that of the. Court issuing them should be accompanied by a translation in the language of such place or in English.
(b) Process to Europeans and Anglo-Indians in English – Processes to Europeans and Anglo-Indians should be issued in English.
43. Description of the person to whom process is issued – Every person on whom a process is to be executed shall be described therein in such a manner as to ident ify him clearly, that is to say, by a statement of his correct name and address and such further description as will serve to ident ify him.
Note – In the case of service, or execution of processes to be effected in large towns, the name of the street or section and the number of the house where possible, should be given. Where addresses for service were filed by the opposite parties in the lower Court, notices and processes shall issue from the appellate Court to such addresses.
44. Forms to be filed in by parties – (1) With every application for the issue of process, the parties shall file the necessary number of printed forms duly filled up in ink, in clear and easily legible writing leaving the date of appearance and the date of the process blank. On application, such forms will be supplied free of charge.
(2) Parties responsible for accuracy – The parties or their pleaders shall sign the forms in the left bottom corner and will be held responsible for the accuracy of the information entered therein.
(3) Date fixed to be inserted by Office – When order for the issue of process are passed by the Court; the date fixed for appearance will be inserted in the form and the process will be dated by an of f icer of the Court before the processes are signed.
(4) Forms when may be filled in by office – The Presiding Of f icer may in his discretion direct in any par t icular case that the forms or processes be entirely filled up in the of f ice of the Court.
(5) Fixing fresh date – If service in suf f icient time before the date fixed is impracticable, the process is to be returned to the issuing : Court with reasons and thereupon a fresh date may be fixed.
(6) Process for substituted service – How dealt with – A summon issued under Order V, Rule 21, shall ordinarily be sent to the Court of the 1[Civil Judge (Jr. Division)] within whose jurisdiction the defendant or the witness, as the case may be, resides, with a covering let ter or an endorsement signed by the Presiding Officer.
Note – Supreme Court and High Court Process – Summons and notices issued by Supreme Court and High Courts for service with the jurisdiction of outlaying 1[Civil Judge (Jr. Division)] of the same district shall be forwarded to the Court of the 1[Civil Judge (Jr. Division)] concerned and not ordinarily served by a peon from Sadar.
45. Processes to public servants – Every summon intended for service on a public servant through his Head of the of f ice in which he is employed should be forwarded with an order under the signature of the Presiding Of f icer in the prescribed Form No. (M) 8.
B – Method and Proof of service
46. Service to be personal – Service should be personal wherever practicable and the Courts ought not in ex parte cases to act upon anything short of personal service until they are satisfied that personal service could not reasonably be effected.
47. Proof, of personal service – When a summon or not ice is served personally, the service and the signature or thumb impression of the person served on the back of the summons, or notice should be proved and, in the case of a defendant or judgment-debtor, his identify should also be proved.
48. Proof of service on agent – If the service is made under Order V, Rule 12, of the Code, on an agent, it should be proved that such agent was empowered to accept service, either by reason of his being one of the class of recognised agents described in Order III, Rule 2, Order XXVII, Rule 2, or Sec. 85 (1) or by virtue of the appointment for that purpose in writing. The party causing the service to be effected must in both last mentioned cases, furnish the necessary proof to this effect.
49. Proof of service under order 5, Rule 14, 15, 17 or 20 – Where service is made under V, Rules 14, 15, 17 or 20 the necessary particulars must be str ictly proved. In the case of such service it must also be proved that a reasonable attempt was made to find out the person to be served. Where service is made under. Order V, Rule 20 it should, in addition to the particulars required by law, be proved how long and until what time the defendant or respondent resided in the house and what has become of him.
50. Proof of service, under Order 29, Rule 2 – If the service is made under Order XXIX, Rule 2 it should be proved that the summons or notice was left at the registered office of the Company, or was delivered to any Director, Secretary, or other principal officer.
51. Service of summons on Railway Administration or Companies – In the case of Railway Administrations or Companies in addition to service in the usual way, a copy of the summons should be sent by post under Order XXIX, Rule 2(b) provided that if the summons is sent by registered post, service in the usual way may be dispensed with.
52. Proof of service, under Order 30, Rule 3(b) – If the service is made under Order XXX, Rule 3 clause (b) it should be proved that the person on whom the summons was served had at the time of service, the control or management of the partnership business.
53. Refusal service how to be proved – If the summons or notice, when tendered is declined by the defendant or his agent, or an adult member of his family, besides the proof required as to identify, etc., as stated above, it should be proved that the party was informed that the document tendered was a summons or notice, and that he was made acquainted with the nature and contents thereof .
54. Additional proof of service -The proof required under the preceding Rules 47, 49 and 53 shall in the following cases ordinarily be-
(1) in the case of a respondent, the affidavit of the person by whom the service was ef fected;
(2) in the case of a defendant or judgment debtor, the affidavit of the person by whom the service was effected, and in addition at least one of following :
(a) the af f idavit of an ident if ier provided by the plaintiff or decreeholder and present at the service;
(b) verification in the form printed upon the back of the process and made, at the scene of the service, by a local villager or gramrakhi present thereat;
(c) the prima facie proof referred to in the proviso to Order V, Rule 10, C.P.C. :
Provided that if deemed necessary the Court may require the examination upon oath or affirmat ion of such person or persons as it may think fit.

55. Duty of process-server and Nazir – As there is no legal obligation upon a plaintiff, decree-holder or appellant to supply an identifier for service of process or notice, process-servers must not return unserved any notice, process or summons made over, to them for service by reason only of the fact that no ident ifier has been supplied by the party. They must make every possible endearour to find out the person to be served and to secure the verification referred to in Rule 54 (2)(b) above, making for that purpose careful enquiries in the locality. The Nazir should personally deal with all cases in which should personally deal with all cases in which the processserver reports that he could not find the person upon whom service was to be made, and when necessary he should bring the matter to the notice that that he could not find the person upon whom service was to be made, and when necessary he should bring the matter to the notice of the Judge in-charge of the department.
56. Duty of Court to whom process is sent for service – When the summons which has been served is the summons of another Court t ransmit ted to the serving Court for the purpose of service only, then, upon service being effected, the latter Court should retransmit the summons to the Court by which it was issued together with – (1) the Nazir’s return and the affidavits, verified statements, or depositions of the serving of f icer and the witnesses relating to the facts of the service, (2) the record of such Court’s proceedings with regard thereto (Order V, Rule 23) and (3)’ in case where any of these documents is in a language di f ferent from that of the district f rom which the process issued, an English translation of such document. When the summons is not served, the report from the receiving Court to the originating Court should be accompanied by an authorised English translation.
57.Complaints of resistance – The Presiding Officer should himself initiate and control the investigation relating to complaints of resistance to the execution of processes of the Court and should not allow a proceeding to drop for want of prosecution by the complainant party. If necessary, he should summon the witnesses and make a complete investigation.
C. Additional Rules relating to the service of Notice of Appeal issued by High Court
58. High Court process – On receipt of the proceeding of the High Court transmitting notice of appeals, the Lower Court, shall cause service of the notice without the payment of any further fee and without any further action by the appellant.
Proviso 1 – Any addition of  fees for a boat-hire or ferry-toll eligible under Rule 8 or rules f ramed under Clause (i) of Sect ion 20 of the Court Fees Act VII of 1870, shall be deposited by the appellant in the Court serving the notice.
Proviso 2 – The appellant or some one employed by him may accompanythe serving of f icer for the purposes of pointing out the residence of the respondent.

59. Process to be issued immediately -The Lower Court shall issue all notices received for service immediately on receipt thereof.
60. Certificate of lower Court regarding Service of Process – In every case the Lower Court shall satisfy itself that a valid service has been made or that there has been a failure of service and shall certify such opinion to the High Court with the reason in case of failure. The certificate may be endorsed on the process and to serve it shall be accompanied by the return of service or of failure to serve the notice and the affidavit or solemn declaration of the serving officer.
Note – The service reports of Process-servers shall be thoroughly scrutinized by the Judge-in-charge of the Nazar at before endorsing the certificate.
61. Duty of the Court to which the Court receiving processes sends for service – Where a notice is sent for service by the Lower Court to another Court whether within the same district or in a different district such latter Court shall make its return of service or of the failure of service (as the case may be) direct to the High Court and shall be guided by Rule 58, 59 and 60 above.
D. Summons on persons in civil and military employ of Government, etc.
62. Summons on persons in civil or military employment -When a summon is issued to person who is in Civil or Military employ of Government or is a servant of a Railway Administration or Company or Local Author ity a reasonable time should be allowed for the making of arrangements of the relief of the person summoned.
E. Production of public documents and records
63. Courts to avoid orders for production of public documents which are not necessary – All Subordinate Courts should take special care to prevent the unnecessary production in Court of Public documents a-s defined in Section 74 of the Evidence Act. When an officer objects to the production of any document stating the grounds of such objection it will be the duty of the Court to consider and decide if it should compel the production of such documents.
64. Post Office records – A summon for the production of any of the records of a Post Office or a certified extract form or copy of such records shall be addressed to the Postmaster.
Note – For instructions issued by the Director-General of Post Office Rules 739 to 742 at pages 317 – 318 of the Posts and Telegraphs Manual, Volume II.
65. Letter of request to Secretary of Parliament or State Legislature- A letter of request instead of summons should be issued to the Secretary of the House of Parliament or of the State Legislature for examination of any Officer of the Secretariat as a witness in the Court or for production of any document jn the contest of the Houses of the Parliament or of the State Legislature.

66. Dispensing with the original documents of Parliament or State Legislature – Original documents in the custody of the Houses of Parliament or of the State Legislature should not be called for if certified copies thereof would serve the purpose. It is only in case where the party insists on strict proof that the Court should call for the originals. In this connection attention of the Judges is also invited to Section 78(2) of the Indian Evidence Act relating to production of records from the custody of the Parliament or of the State Legislature which specifies the way in which the proceedings of the Legislature can be proved.

II. PROCESS – SERVERS AND NAZARAT
A. Process-serving Establishment
67. Process-serving Establishment – There shall be a joint process serving establishment for all the Civil Court, Sessions Courts and Courts of Judicial Magistrate at the same stat ion under the direct control of the Nazir who will be responsible for the proper service of processes made over to him for the purpose. The process-serving peons recruited on the civil and criminal side shall be entrusted to execute processes, both on the civil and criminal sides. The Nazir and the staff shall also be subordinate to any such Court issuing process for the purpose of execut ion of that
particular process and shall place themselves under the orders of the Presiding Officer in that regard. The Register of Process-serving peons shall be maintained in the prescribed Form (R) 9-B.
68. Strength of Process servers to be determined in every five years – The Judges of every district shall ascertain after every five years the average number of original processes issued from his own Court and from each of the Courts subordinate thereto during the immediately preceding five years and fixed the number of process-servers to be employed, each peon being for this purpose considered capable of executing during the year the number of original processes given in the following table
Note – (1) For the purpose of this rule all copies of processes served in one village in one case by a process-server at one and the same visit shall be reckoned as one original process, while copies served in the same village for separate visits or in different villages shall be reckoned as separate visits to the same village.
Note – (2) Where a summons or notice is served by a peon at Sadar within the jurisdiction of any outlaying [Civil Judge (Jr. Division)] under the special orders of the Court, it will be treated as belonging to the class mentioned in Column 3.
Note – (3) Processes served by special peons as in the cases of warrants or arrest, should be reckoned as service of three original processes only in case of due execution and not when returned
unexecuted.
Note – (4) Each day on which a peon is occupied in keeping custody of attached moveable property, standing crops or of a person under arrest in attending on Commissioners deputed to deliver possession or in taking records, letters etc. from one station to another or in guard duty at the residential of f ice of Judicial Of f icers should be reckoned as service of 3 original processes.
69. Distribution of process servers – The District Judge may authorise the appointment of such total number of peons for the whole district as may suffice for the execution of all the processes issued for service within it and may from time to time apportion such peons among dif ferent stations in such manners as may appear necessary.
70. Increase or decrease of strength of process-servers -On the examinat ion of the f igures in the manner as in Rule 68, the District Judge shall increase or reduce the number of peons according as the number of processes has increased or decreased by 10 per cent, the surplus permanent hands in case of diminution being gradually absorbed against permanent vacancies by stopping fresh recruitment until the permissible limit has reached.
B. Method of recruitment and appointment of process-servers
71. Candidate Peons – The Nazir shall keep a register of candidates for filling up leave and permanent vacancies. These candidates will be enrolled under oruers of the Judge-in-charge of Nazarat
and their number shall not exceed 15 per cent of the total strength of permanent peons employed at any station subject to the minimum of one candidate.
72. Qualification – No candidate shall be enrolled who cannot read and write the vernacular of the district satisfactorily.
73. Appointment of process-servers – No process-server shall be appointed except from these candidates.
Note – Orderlies, office peons and night watchmen will be eligible for appointment as process-servers without being enrolled as candidates.
74. Fitness for appointment – No process-server shall be permanently appointed unless he is found f it by the Judge-in-charge of the Nazarat.
Note – In order to ascertain fitness, the Judge-in-charge of the Nazarat shall hold periodical examination and strike off unfit or undesirable candidates.
75. Vacancies have to be filled in – Vacancies occurring at any Judgeship shall ordinarily be filled up by 1[* * *] appointment 1[* * *] respectively of peons and enrolled candidates attached to that Judgeship.
Note – The appointment of peons lies with the District Judge.
76. Security of process-servers – The attention of Judicial officers is drawn to Rule 217 of the Bihar and Orissa Board’s Miscellaneous Rules, 1928 which should be followed in the case of process-serving peons. In future no process-serving peon should be appointed who cannot give a secur ity bond of Rs. 50 (executed by some person of known respectability and solvency) for his good and honest conduct.
Note – One process-serving peon cannot stand security for another peon.
C. Arrangement of work
77. Register of service of processes – The Nazir shall maintain for the jurisdiction, for which he is the proper of f icer for service of processes (1) a list of villages within 8 kilo metres radius of his office, (2) a list of villages outside such 8 kilo metres radius.
78. Town Processes – Process for service at places within 8 kilo metres radius shall be sent out every working day and should ordinarily be returned either next day or on the day following.
79. Arrangement of seats – The Nazir shall divide the area outside 8 kilo metres radius into beats and shall make the best arrangement possible for the prompt service of processes of each beat.
80. Processes to be made over according to beats – The Nazir is responsible that processes to be served in the same beat are as far as practicable made over for the service to one peon; provided that number of processes so made over must not be unusually large.
81.Delay in issue of processes – The Judge- in –Charge , Nazarat should in his general supervision and inspections pay particular attention to any delay in the issue of processes for service.
82. Returnable date to be f ixed by Nazir – In making over any process for service in Nazir will f ix a returnable date within which it must be returned to of f ice by the process-server after execut ion.
83. Service of processes by special peons – The following processes may be executed by special peons –
(1) Warrant of arrest
(2) Warrant for attachment of moveables.
(3) Any process respecting which there is a direct ion by .the Court.
Note – More than one peon may be deputed for the execution of any process where there is special direction of the Court to that ef fect .
84. Processes to reach Nazir before 10 days – Processes should except in urgent cases be made over for service to the Nazir at least ten days before the date fixed.
85. Return of process to Court – Processes made over to the Nazir for service be returned to the Issuing Cour t as soon as possible af ter return and at least one day before the date f ixed.
86. Guard duty – When not employed in serving processes, process-server should be employed in miscellaneous of f ice work of the Courts or in the residence of the Judicial Of f icers.
Note – No process-server shall be employed for doing clerical work for the off ice.
87. Resister of attendance and deputation of peons – The attendance and deputation of peons should be maintained regularly by the Nazir in the register in From No. (R) 13.
88. Tour programme – Every process serving peon shall submit advance tour programme, in duplicate, ih respect of service of process to the Nazir who shall invariably sent one copy of the same to the local Bar Association. Note – Such tour programmes shall be unreserved for one year.
89. Receipt of money from parties under process –
(i) Procedure to be followed by Nazir and process server – Whenever a process-server is entrusted with the service of a process under which he is authorised to receive money, he shall be given by the Nazir a loose form of cheque with counterfoil in Form No. (A) 12-C. The cheque made over to the peon shall be entered by the Nazir in the register of cheque in Form No. (R) 30-A and the peon’s signature shall be taken in Column 7 of the register in taken of receipt. The peon on receiving any payment under the process shall give a receipt in the cheque form supplied to him by the Nazir for the amount paid to him and shall obtain the signature of – thumb impression of the prayer on the counterfoil and shall in his servicereport invariably mention the number and year of the receipt granted. In the case of illiterate payers the peon shall make every endeavor to obtain the signature of a literate witness on the back of the counterfoil. The Nazir on the return of the peon shall scrutinise the counterfoil with the service report and countersign the counterfoil. The Nazir shall record the return of the counterfoil (or of the unused form,as the case may be)in the register of cheques. If the cheque has been used, the Nazir shall send the counterfoil with the service-report to the Court concerned to be filed with the record of the case.
(ii) Cheque forms to bear consecutive number- The cheque forms issued by the Nazir during each calendar year shall bear consecutive serial numbers for the year.
( i i i ) Blank cheque- All blank cheque shall be kept by the Nazir under lock and key. The total number of the cheque forms received on indent inside of the cover of Register (R) 30-A, under the signature of the Judge-incharge of the Nazarat.
(iv) Unused cheque forms – How to be dealt with – Cheque forms returned unused shall not be re-issued. Such forms shall be kept by the Nazir in yearly bundles in the Nazir’s Office almirah and not in the iron safe where blank cheques are kept. These returned unused cheque forms shall be destroyed one year after the end of the year in which they are returned, e.g. the forms returned unused in 1973 should be destroyed in January, 1975.

CHAPTER -III
Adjournments
90. Time for filing written statement – Every defendant should be allowed a reasonable time within which he should file his written statement. The period, so granted, will be shorter or longer according to the simplicity or complexities of the case. Once the defendant has granted reasonable time for filing his written statement, he should not ordinarily be granted further time for the purpose unless he can establish a genuine cause. The Courts should adopt a strict attitude in the matter of granting adjournments for filing written statements.
91. Date for fixing date of hearing – When it is not possible to fix a date for the hearing within a reasonable time, the case may be adjourned for a certain time for the attendance of the pleaders without witnesses, by which date the Court will be in a position to judge possibilities of the case being tried at some further date.

92. Time for interlocutory matters – Suf f icient time should be given to litigants to enable them to take necessary steps towards getting their cases ready for hearing, but more than one adjournment for the same step ought not to be generally granted and, if it is allowed, the question of compensating the other party by means of adjournments, costs, should be considered. Expert in di f ficult cases, issues should be framed on the day on which the written statement is filed or on the next day. Lengthy adjournments should not be granted for interlocutory matter, such as
calling for records, serving of interrogatories, issue of commissions, filling of lists of witnesses and payment of costs for issuing summons.
93. Considerations for fixing date of hearing – Date for the hearing of cases ought not to be fixed at random or automatically as a matter of form. It is a matter that should be controlled by the Presiding Of f icer himself and not left to the discretion of subordinates. While it is desirable that a case should be disposed of as early as possible it is no less important that care should be taken to see that the parties are not put to the expense and inconvenience of having to attend on a date when it is manifest that the case cannot be taken up. The date for hearing should, therefore, be f ixed
with due regard to the state of the file, the nature of the case and the time it is likely to occupy. If the file is congested, it is bet ter to f ix a distant date than to require the parties to appear, even without their witnesses, from month to month, on dates on which there is no reasonable expectation that the case will be heard. In contested suits, the pleaders of the parties should be consulted whenever it is practicable to do so. It may well be that in some instances it is less hardship to detain the witnesses from day to day than to discharge them, requiring them to return after a considerable interval. In every case, however, the adjournment must be to a day certain and no judicial proceeding of whatever nature shall be. postponed sine die.
94. Adjournment when stay is granted – 1[The hearing of a suit should not be adjourned on the representation that an appeal or revision or stay application has been filed or about to be filed in superior Court. The hearing of a suit or appeal should proceed unless a stay order from an appellate Court has been actually received. The Presiding Of f icer of Subordinate Civil Courts if moved for grant of time by the parties on the ground that they seek to move the Superior Courts to obtain stay order, the hearing of the Suit/appeal shall proceed, yet the Judgment shall not be pronounced for a period of ten days. The certified copy of the order desired to be challenged in appeal or revision should be forthwith made available to the party concerned on filing an urgent application for the same before the Presiding Of f icer of the Court and on such application being made, the Presiding Officer shall pass orders for grant of copy in course of the day. If no order of stay has been received or filed by the tenth day of the adjournment, the judgment should be delivered irrespective of the intimation, if any, given to the Court of filing of any appeal or revision. When cases are stayed under, the orders of a Superior Court, a fairly long date, depending upon the circumstances should be fixed, leaving it open to either party to move for the case being taken up either when the stay order is vacated or has lapsed otherwise.]
95. Time of adjournment order – Adjournment order in cases fixed for hearing and also cases in which stay orders have been passed by superior Courts should be passed as early during the day as possible.
96. Avoiding short or frequent adjournment – It is of the utmost importance that frequent and unnecessary postponements and attendance of witnesses should be consistently discouraged and the District Judge should call for and scrutinise some of the records of the cases before any of his subordinate who appear from their explanations regarding long pending cases or otherwise, to be wanting in firmness in the matter. The grounds for asking adjournments and the reason for allowing the same should be set out in the order-sheet.
97. Noting of attendance of witnesses on adjourned date in the order sheet – When witnesses are in attendance for any party the fact should be noted in the order-sheet. In every case adjourned for hearing or for further hearing, there shall be recorded as part of the order of adjournment, a specific order to the witnesses who have attended but have not been examined, to attend on the day to which the case stands adjourned. It shall also be recorded that the said order has been communicated to the witnesses in attendance.
98. Continuing trial from day to day – On the day f inally fixed for the hearing of a suit af ter adjournment, the parties shall be directed to have their witnesses in attendance; and the trial, when once commenced shall, except for good and suf f icient cause (to be noted in the order-sheet ), proceed, throughout the day in which it has been opened, and from dayto- day, throughout each day following until it is completed.
Note 1 – This rule is not intended to prohibit the taking up of other cases for the purpose of passing such necessary routine orders as will occupy a short time only, or the taking up of miscellaneous and Small Cause Court cases on days regularly set apart for them
Note 2 – The above rule also applies to Small Cause Court and Miscellaneous cases.
Note 3 – Devoting a small portion of each day to the hearing of a case is not hearing it from day to day.
Note 4 – Trial includes the hearing of arguments
99. Plan for disposal of old suits and cases – At beginning of each quarter, all of f icers should carefully draw up a plan for disposal of old suits and cases chronological ly and send a copy thereof to the District Judge. These cases should be disposed of by giving top priority over other cases. The District Judge at the time of scrut inizing the returns should see whether the programme was adhered to, and if not, whether reasons for departure were sufficient.
100. All of f icers must t ry to dispose of old cases f irst and take up new cases only af ter the old cases have been disposed of unless they are prevented from doing so for unavoidable reasons to be recorded in writing in the order – sheet of the case.
101. Adjournments in old and explanatory cases should not be granted as a matter of routine. A prayer for adjournment in such cases should be properly examined on merits before it is allowed.
102. In old and explanatory cases the Court should inform the lawyers of the parties in advance that it is going to take up those cases on a par ticular date when they must come prepared.
103. While submitting their monthly returns.to the respective District Judges, the of f icers should append a cert if icate that no preference was given by them to new cases over the old ones and if new cases are taken up, there.should be given an explanation as to why the old cases were ignored.
104. Adjournment must not to be diverted to other purposes- Costs of adjournments ordered to be paid by a party under Order XVI I, Rule 1(2), must not be diverted to purposes other than that for which they are intended, that is, the recoupment to the other party of the costs which the adjournment may entail on him. Such payments must invariably be made direct by one party to the other unless the Court otherwise directs, and the receipt of the party or his pleader should be taken on the order-sheet against the order allowing such costs.
Note 1 – While the Courts have full liberty to exercise their discretion in each individual case, the High Court considers that in the absence of special circumstances and when the costs allowed do not exceed a few rupees, it is reasonable that the party desiring the adjournment should be prepared to compensate his opponent for the inconvenience to which he is put, and that the Court will be justified in making the adjournment conditional on the money being paid then and there.
CHAPTER – IV
Hearing of suits and examination of witnesses
105. Time for filing of list of witnesses – Parties shall file in Court their lists of witnesses who are in attendance to give evidence on their behalf before 11.00 A.M. or in the case of morning sittings before 7.30 A.M. The omission to file such a list within the time fixed shall be no bar to witnesses for any party being examined if presented –  for examination, but nothing should be allowed to any witness on account of his expenses for the day’s attendance if he is neither entered in the list nor actually examined.
Note – This rule in no way affects the obligation on the part of witnesses to attend punctually at the time for which they are summoned.
106. Use of affidavit evidence – The Courts should encourage a large use of affidavit evidence to prove simple and incontrovertible facts, both in contested and uncontested matters. In contested suits, simple and uncontrovertible facts may be proved by affidavit evidence at the first instance, and if seriously disputed later, steps for crossexamination under Order XIX, C.P. Code may be taken.
107. Treatment of parties and witnesses during evidence -While taking evidence, the witnesses should be treated with courtesy and all the Courts should maintain proper decorum and ensure proper treatment of parties and witnesses, at the time of recording evidence.
108. Time for deciding admissibility and relevancy of documents – The Presiding Officers should decide the questions as to the admissibility and relevancy of documents sought to be tendered in evidence, as and when they arise. They must insist that documents filed in suits and cases should be entered in the list and admitted in evidence in chronological or methodical order so as to present the party’s case in a clear, logical and connected sequence.
109. Forms of oaths and affirmations – The following forms of oaths and affirmations prescribed in the Schedule of Act 44 of 1969, are to be used :
In English :
Form No. 1 (Witnesses)
Swear in the name of God.
I do solemnly affirm that what I shall state, shall be truth, the whole truth and nothing but the truth.
From No. 3 (Interpreters)
Swear in the name of God.
I do solemnly affirm that I will well and truly interpret and explain all questions put to and evidence given by witnesses and translate correctly and accurately all documents given to me for
translation.
110. Manner of swearing – Christian witnesses and interpreters shall be sworn upon the New Testament. In other cases the oaths are to be administered upon such symbol, or accompanied by such
act as may be usual, or as such witness or interpreter may acknowledge to be binding on his conscience.
111. Use of typewriting machine – A type writing machine may be used for the purpose of recording depositions and memoranda of evidence. The typewriting machine must be used by the Presiding Judge himself except in the case provided for in Order XVIII, Rule 14. A certificate must be given that this has been done. Each page of the record so made must be attested by the Judge’s signature.
112. Name and designation of witnesses to be in the Presiding Officer’s handwriting – Every Presiding Judge, shall, in the examination of witnesses, record in his own handwriting in each deposition, the name of the person examined, the name of his or her father, and if married woman, the name of her husband, profession and age of the witness and the village, thana and district, in which the witness resides. The entry of age shall be the Presiding Of ficer’s own estimate and in his own handwriting.

113. Deposition to be paragraphed – The deposition of each witness should be separately paragraphed and consecutive numbers be assigned to them.
114. Disallowing questions on irrelevant matters – The Presiding Officer should be careful to disallow examination or crossexamination on irrelevant matters. The suggestions made in
questions without any evidence to support the suggestions, should be prevented.Every endeavour should be made to put a stop to lengthy and irrelevant cross-examination.
115. Appointment of interpreters – The Dist rict Judges shall draw up a panel of interpreters for their respective judgeships. Interpreters should be appointed ordinarily from the panel. The cost of
the interpreters shall be met from the cont ingency of the Civil Cour ts to a limit not exceeding Rs. 40 in each suit or case. The District Judge will report to the High Court expenditure incurred
under, this rule, as it is incurred.
116. No adjournment in filing application for examining witnesses on commission af ter first hearing – If an application for issue of a commission to examine a witness is made subsequently to the f i rst hearing, and an adjournment of the final hearing is prayed, the adjournment shall not be allowed, unless it is made to appear to the Court that the application could not, or ought not to have been made at the first hearing.
117. Priority to cases holding up other cases – Hearing of suits and cases should be given priority when they are holding back the decisions of other suits or cases.
118. Hearing of arguments – Arguments should be heard immediately after the evidence closes and should be continued from day to day till it is concluded. Every instance of failure in hearing arguments continuously from the day they are opened till they are concluded soon af ter the judgment is pronounced be demi-officially reported by the Presiding Officer concerned direct to the Registrar of the High Court with copy to the District Judge. The report shall contain full description of the case, dates of adjournments for arguments, and reason therefor.

CHAPTER – V
Judgment and Decree
I. Judgment
119. Judgments to be legibly written – Judgments should be written legibly and on one side of the paper with a lef t hand margin of ¼ th of each sheet being lef t blank.
120. Procedure when judgment is transcribed by stenographer- Shorthand typists may be employed to record judgments in civil cases, provided the Presiding Judge attaches a certificate to the effect that the judgments have been recorded at his dictation and attests each page thereof by his signature.
Note – When a Presiding Judge used a typewriting machine himself a certificate must be given that this has been done and each page of the record so made shall be attested by his signature.
121. Page marking and signing shorthand note-book – Every shorthand note-book used by a stenographer for taking down dectations of judgments and orders shall be page marked consecutively according to the sequence in which the papers of the note-book are made use of and signed by him in each page. He shall put his signature with date at the end of the record of every dictation.
122. Non-recording of long Judgment in order-sheet –
(1) Long judgments must not be recorded on the Order-sheet .
(2) Judgments in ex parte cases should state what reliefs in the plaint are granted.
(3) Judgment should state specifically whether any interest or what interest (including interest pendente life) is allowed.
123. List of witnesses and documents to be appended to judgment- A list of witnesses examined and the documents admitted in evidence in the suit should be appended to the judgment of every suit in chronological order. For copying purpose, however, such list will not be treated as a part of the judgment unless the copy applied for is for the purpose of an appeal or revision.
Note – This rule shall apply to the judgments and orders in revision suits and miscellaneous judicial cases.
124. Time for delivery of judgment – Ordinarily, Judgments in all civil suits and cases should be delivered soon after the hearing . But where it is not possible to do so either on account of the length of the case or other sufficient reasons, the delivery of judgment should not be postponed sine due. A definite date should be fixed not more than 2 weeks af ter the conclusion of arguments on which date the Judgment should be delivered. But in any case, the judgment must be delivered within 30 days from the date of conclusion of arguments.
Note – The period of 30 days and two weeks may be reckoned from and exclusive of the date on which arguments are concluded.
125. Delivery of all pending judgments when judicial officer proceeds on leave or transfer – Judicial Officers shall, before making over charge either on t ransfer or while proceeding on leave, deliver all pending judgments and intimate the fact of clearance to the concerned Dist rict Judges and in case of District Judges to the High Court, unless exempted by the concerned District Judge or the High Court, as the case may be.
126. Forwarding copy of judgment to the I.G. of Registration- District and 1[Civil Judge (Sr. Division)] and 1[Civil Judge (Jr. Division)] should forward to the Inspector-General of Registration, a copy of judgment in which the official character and conduct of a registering of f icer is impugned.
127. Judgments to be paragraphed – Judgments should be written out in separate paragraphs by assigning consecutive numbers to them.
II. Decree
128. Language of decrees – Decrees of District and 1[Civil Judge (Sr. Division)] should ordinari ly be drawn up in English. Decrees of 1[Civil Judge (Jr. Division)], should also drawn up in English wherever possible.
129. Manner of drawing up decrees – Decrees should be drawn up in such a manner that in order to the understanding and execution of them, it may not be necessary to refer to any other document or paper whatever. Note 1 – Pet itions of compromise, maps prepared by the direction of or accepted by the Court and other similar papers necessary to illustrate the terms of the order passed shall be embodied in the decree. In drafting compromise decrees all the terms of the compromise of including matters extraneous to the subject-matter of the suit should be recited by introducing a schedule to the decree. But the operational portion of the decree shall deal only with the subject-matter of the suit by ful ly describing the same.
2. The particulars of the claims and the date of institution of the suit shall appear in the decree.
3. Where dif ferent valuations are put for purposes of jurisdiction and for payment of Court fees, both values should be stated in the decree. The amount claimed as mesne prof its should be separately shown. In case of an appellate decree valuat ions as given in the decrees of the f irst Court should also be embodied.
4. In drawing up decrees interest, if any, allowed by the Court should clearly shown and also the period for which and the rate at which interest has been allowed.

130. Mode of noting address of the parties in the decree – Whenever an address has been filed for service by a party under Order VI, Rule 14-A of the First Schedule to the Code of Civil Procedure, such address shall be entered in the decree of formal order instead of the address given-in the plaint or petition. The following note shall be made in the decree or formal order below the
names and addresses of the parties and the note shall be signed by the clerk by whom the decree or formal order is drawn up. The address given above are the addresses for service filed by the parties with the exception of…….. who did not appear or omitted to file their addressees.
131. Manner of calculating costs in the decree – In drawing up decrees costs are to be very carefully calculated. Where “proportionate costs” are allowed such costs shall bear the same proportion to the total costs as the successful part of the claim bears to the total claim. When “corresponding costs” or “costs according to success” are decreed, the assessment is to be made as if the suit
had been originally brought at an amount representing the value of the successful part of the claim. The inclusion or exclusion of the cost of stamp paper in the final decree for partition is within the discretion of the Court.
132. Charging costs of affidavits – In determining how the cost of affidavits should be borne by the parties to the suit, Court should have special regard to the circumstances under which they were admitted. When an affidavit has been allowed for the convenience of one of the parties, or of one of his witnesses the costs so incurred not form costs in the suit and be charged against the opposite
party.
133. Exclusion of stamps on adjournment petitions from costs – In absence of a specific direction by the Court to the contrary, the stamps on adjournment petitions should not form part of the taxed costs of the suit or proceeding.
134. When adjournment costs to be included in the decree – Where adjournment costs have been paid into Court under Head (h) of Account Rule 595 the fact of such payment should be noted on the order-sheet by the Sheristadar. It will thus be possible to see from the order-sheet what sum, if any, still remains unpaid. All costs of which payment has not been noted under the foregoing orders must be entered in the decree as costs of the suit.
135. Order in suits instituted by indigent person – In suits instituted by indigent persons the Civil Courts should always keep in mind the provisions of Rule 10 to 11-A of Order XXXIII of the C.P. Code and made the appropriate order in conformity with the same.
136. Time for preparing the decrees – Decrees shall be prepared within 15 days from the date of pronouncement of the judgment. The preparation of decrees shall be under the supervision of the Sheristadar of the Court who shall initial the same after proper scrutiny.

137. Notifying decrees prepared – As soon as a decree has been drawn up the Court shall cause a not ice to be exhibited on the notice-board stating that such decree has been drawn up and that it may be perused by the parties or their pleaders within three days from the date of posting the notice.
138. Exhibition and destruction of decree notice – The notice shall be exhibited for one weak and thereafter shall be preserved in the office. The notices for the quarter shall be destroyed at the end of the succeeding quarter.
139. Signing or objecting to the decrees by the party – When such notice has been posted any party or his pleader may before the expiry of the time prescribed in the last preceding rule peruse the decree and either sign it or if it is incorrectly prepared bring the matter to the notice of the Court.
140. Signing the decree by the Judge – If no such objection is made on or before the date specified in the notice the Judge shall sign the decree giving the date of his signature.
141. Cases when no decree or formal order to be drawn up – Decrees or formal orders need not be drawn up in the case of –
(i) Interlocutory orders made during the course of a suit or execution proceeding;
(ii) Final orders such as those under Order IX, Rules 9 and 13, Order XXI, Rules 2, 58, 91, 92, 99, 100, 101. Order XXIII, Rule 1, Order XLI, Rules 19,21,23, Order XLVII, Rule 1 and an order rejecting a plaint; provided where any such order is capable of execution or affects execution by reason of adjustment of cost to be paid by one party to the other such costs may be shown in the order-sheet with a short note showing the result of the case and the name of the party by whom, such costs are to be paid as well as that of the party who is to receive the same so that the latter if desirous of executing the order, may not be compelled to take a copy of the judgment.
142. When decree need not be drawn up – In suits for money including suits upon mortgages, in suits for specific moveables, in suits for account and in suits for arrears of rent, no decrees need be drawn up if –
(i) Neither party to recover anything and when the Presiding Of f icer orders for the drawing up the decree;
(ii) The claim is satisf ied af ter judgment but before the decree is drawn up.
143. Exhibiting cases in which succession certificate, probates or letters of administration are prepared – A list of cases in which succession certificates, probates or letters of administration have been prepared shall be exhibited on the notice-board in the language of the Court. The certificates, probates or letters of administration shall be delivered to the parties or the pleaders concerned in open Court on the third day after the publication of the list. Such fist shall be exhibited for one week and thereafter shall be preserved in the office. These lists for the quarter shall be destroyed at the end of the succeeding quarter.
Chapter – VI
Execution of Decrees
1. General
144. Attention to execution cases – Execution cases should receive as much attention as original suits and appeals. The Presiding Off icer should see that the processes of the Court are not abused. All cases of fraud, negligence, suppression of processes and resistance to execution should be carefully scrutinised by him with a view to his taking such steps as may be necessary to prevent their recurrence.
145. Time for putting up execution application before the Presiding Officer – The application for execution shall ordinarily be put up before the Presiding Of f icer for orders on the day following the day of its presentation with all defects, if there are any noted thereon and if a searching fee of 25 paise has been paid by means of a Court fee stamp affixed to the application. Information available in the office which will enable the defects to be remedied shall also be noted on the back of the application.
146. Manner of service of notice by judgment-debtor – The attention of Courts is drawn to the provisions contained in Order XXI, Rule 1, Code of Civil Procedure as amended. It has now been made optional for the judgment-debtor to serve notice through Court or by registered post direct. No challan tendering the money should, therefore, be rejected by reason only of not being accompanied by forms of notice and processfees.
147. Manner of sending decretal dues by post – Judgment-debtor desirous of sending decretal dues to the Court by post may send the same by money-order or through a Bank. The names of the parties to the suit or case, the number and year of the suit or case, the name of the Court and the purpose of remittance should invariably be noted in the money-order coupons-
(a) On receipt from the Treasury or the Sub-Treasury concerned advice list with the corresponding coupons or strips of coupons and acknowledgments relating to money-orders of decretal dues, the chief ministerial officer of the Court will, after the scrutiny specified below, sign the acknowledgements and send them immediately to the post-office for despatch to the remitter,
(b) The scrutiny laid down-Part IX, Chapter I, Rule 601 shall be completed by the chief ministerial officer as soon as possible, If he finds that the tender is not in order, a note should be made on the acknowledgment mentioned in Clause (a) to the effect that the money remitted is being retained by him, or in favour of the remitter and may be claimed by him, or will be credited to the decree holder on proper information on the necessary points, which should be mentioned, being supplied;
(c) When the tender is found to be correct, entries in the prescribed registers should be made and other act ion should be taken by the Court as if the decretal money had been deposited by challan, the manner laid down in part IX, Chapter I mentioned above.
Note – The date of receipt of the t reasury intimat ion in accordance with Clause (a) should be treated as the date of receipt of the money by the Court.
148. Court executing decree when the Presiding Of f icer is on temporary deputation – The temporary deputation of the Presiding Of f icer of a Court to some other station does not necessar ily mean abolit ion of the Court and the Judicial Of f icer placed in charge thereof during such absence becomes, subject to the question of pecuniary jur isdict ion and special powers, if any, the Presiding Of f icer also of that Court in addition to his being the Presiding Of f icer of his own Court.’ Thus all decrees passed by the latter in the cases belonging to the file of the f irst named Court may be executed by that Court presided over by the of f icer sent on deputat ion when he returns.
II. Attachment
149. Advance payment of further fees for retaining attached moveable property for a longer period – An of f icer deputed to attach moveable property should be furnished with a certif icate stating the period for which the fee required under Part IV, Chapter I, Rule 370 has been paid, and he shall give notice thereof to the judgment-debtor or other person at whose instance he remains in possession at the place of attachment and if such person shall desire that the property shall remain at that place for a longer period, he shall be bound to pay into Court in advance the further fee as required by the second paragraph .of Note 1 to that Rule.
III. Sale
150. Additional particulars in application for order for sale – Every application for an order for sale shall, in addition to the part iculars required by Order XXI , Rule 66, Clause (3), srate everything known or believed by the person verifying the same to exist which relates to the nature or af fects the value of the property and shall fur ther state that he is not possessed of any fur ther information regarding it.
151. Additional particulars in application for sale of immovable Property- Every applicat ion for sale of immoveable proper ty shall, in addition to other particulars required, state the area of the land involved, and the amount of revenue payable.

152.Mat er i al s regarding property to be sold to be read out at the time of sale – If, af ter the sale proclamation under Order XXI, Rul e 66, has been p u b l i s h e d any written communication regarding the property to be s old which it considers material for purchasers to know is received by the Court, the Court shall cause the same to be read out when property is put up for sale.
153. (a) If the property to be sold is mortgaged with any land mortgaged bank, the proclamation of sale shall be published in the official Gazette.
(b)The r ule shall not interfere with the direction of the Court under Order XXI, Rule 67(2), in directing, whenever it thinks fit, a similar publication of the intended sale of any other property or properties attached in execution of a decree.
(c) The selection of local newspapers in which sale proclamation may be published under Order XXI, Rule 67 rests with the District Judge. The name or names of the papers selected shall be notified to the public.
154. Date of commencement of safes to be fixed by the District Judge – Subject to the provision in Order XXI, Rule 43, sale of property in execution of. decrees in the several Courts of each district (not being Courts of Small Causes) shall be held and commenced at a certain day each month to be fixed by the District Judge.
155. Manner of preparation and exhibiting sale lists – All property, except property of the nature specified in the provision to Order XXI, Rule 43 of the Code or Rule 159 of this Chapter to be sold at each place of sale shall be entered in lists for each place, the lists of movables and immovable properties being distinct. The lists shall be so prepared as to contain in regular order each item of property to be sold in execution of the decrees of each Court severally. Such lists shall be struck up in the Court where sales are to be held in the case of moveable’s not less than seven days and in the case of immoveables not less than 15 days before the date fixed for the commencement of each set of sales. Such lists shall be prepared in the language of the Court and shall be preserved in the office. These lists for the quarter shall be destroyed at the end of the succeeding, quarter.
156. Manner of conducting sales – At the stated hour upon each fixed date, the sale shall be commenced, and shall be carried on in the order stated in the lists above-mentioned. No sale shall continue af ter sunset, but the sale shall be held from day to day, except when the Court is closed and until the lists are finished. Provided that this rule shall not interfere with the adjournment of any particular sale according to law [See Order XXI, Rule 69 ]
157. Separate days for sale of movable and immovable property- The same day shall not ordinarily be fixed for the sale of movable and immovable property.

158. Place of conducting sales by Nazir or other of f icer – Except as regards property of the kind mentioned in the next succeeding rule, sales in execut ion of decrees of any Court shall be conducted in that Court by the Nazir or other of f icer of the Court in the immediate presence of the Presiding Of ficer. Where this is not possible the sales may be held in another place within the Court premises to be selected by the Presiding Off icer.
159. Sales of articles at the market – Al l sales of live-stock, agricultural produce, art icles of local manufacture, and of other things commonly sold at count ry markets shall, unless the Court otherwise directs, be held at such market in the neighborhood of the place where the goods were attached, as may appear likely to for the greatest advantage of the judgment-debtor, regard
being had to be prospect of good prices and to the saving of expenses in conveyance and carriage.
160. Notice to the D.M. regarding names and addresses of purchasers of guns etc. and time and place of intended del ivery of such arms to the purchasers – whenever guns or other arms in respect of which licenses have to be taken by purchasers under the Indian Arms Act XI of 1878, are sold by public auction in execut ion of decrees, the Court directing the sale shall give due notice to the Magistrate of the dist rict of the names and addresses of the purchasers and of the time and place of the intended delivery to the purchasers of such arms, so that proper steps may be taken
to enforce the requirement for the Indian Arms Act .
161. Forwarding copy of sale certificate to the commanding officer – Whenever the Civil Courts have occasion to sell, in execut ion or a decree or other order any house or other building situated within the limits of a military cantonment or stat ion, they shall in confirming the sale, forward a copy of the sale cer t if icate to the commanding of f icer of such cantonment or station, for his information and for record in the Brigade or other proper of f ice.
162. Time and manner of preparing sale certificate and noting the same in order-sheet – As soon as a sale is made absolute, and the auction purchaser has f iled the necessary sale cert if icate stamp under Order XXI , Rule 94, of the Civil Procedure Code, a sale cert ificate shall be prepared in the prescribed form and the fact shall be noted in the order-sheet. The sale cert if icate shall be made ready within 21 days of the date of the f i ling of the sale cer t if icate stamp. In addition to the original cert if icate, two more copies thereof shall be prepared, one of which shall be kept with the
record and the other despatched to the Registration of f ice as soon as the cert if icate is prepared. On each copy the amount of stamp duty paid on the original cer t if icate under Act 18 of Schedule I of the Indian Stamp Act, 1899, shall be noted. Under Art. 24(a) of the same Schedule such copies do not themselves require to be stamped. The original cer t if icate, if undelivered should be kept with others in bundles of a convenient size in the custody of the Sheristadar and destroyed after one year from the date of confirmation of the sale.
Note – When a sale certificate is ready, notice thereof should be exhibited don the notice-board for a period of one week and thereafter preserved in the office for one quarter like plaints and cause lists.
163. Praticulars of sale certificates – The following particulars should be inserted in the sale certificates :
(1) The “addition “ (as defined in Section 2 of the Indian Registration Act, 1908) of person who is declared to be purchaser;
(2) Particulars sufficient to identify the property, as required by Section 22(2) of the same Act.
(3) The name of each registration Sub-district in which any part of the property is situate;
(4) The date on which the sale becomes absolute.
164. Stay of sale of immovable property- The attention of Courts is drawn to the provisions of Sub-section (2) of Rule 6 of Order XLl of the Code of Civil Procedure to the effect that stay of sales of immovable property in execution of the decree is mandatory when an appeal is pending from the decree, provided the judgment- bettor is able to give such security as the executing Court may think necessary. IV. Arrest, Imprisonment and Release
165. Notice regarding arrest of Railway servants- As inconvenience and danger are likely to arise from the arrest under civil process of Railway servants unless such previous notice be given as may enable measures to be taken to provide for the proper performance for their duties, all warrants issued by any Civil Court for the arrest of Railway servants should be entrusted for execution to a selected peon, who if he finds on proceeding to execute the warrant that the immediate arrest of the Railway servant would occasion risk or inconvenience , shall make all arrangements necessary to prevent escape and defer removing the person arrested from his post for at least twenty-four hours, giving immediate notice of the arrest to the nearest Station Master.
166. Exemption of army personnel from arrest for debt-Attention is invited to Sections 28 to 30 of the Army Act, 1950 (Act No.46 of 1950) which provide immunity from arrest and attachment of certain properties of persons belonging to the Army.
167. Time for dispatching warrants for release- Warrants for release should not be dispatched by a Court after sunset, or , if so dispatched, should be endorsed with instructions for release as early as possible next morning.
Note – The above provisions apply to witnesses arrested under a warrant and detained in the Civil prison.

V. Execution by another Court
168. The attention of Courts is drawn to the provisions of Section 41, Civil Procedure Code. There should be no unnecessary delay in car rying out the di rect ions contained in that sect ion.
169. Time of applying for execution of transferred decrees and intimating the fact of application to the transferee Court – If af ter a decree has been sent to another Court for execution, the decree-holder does not, within six months f rom the date of the receipt of the decree on transfer , apply fo r the execut ion thereof, the Cour t to which the decree has been sent shall cer t ify the fact that no application for execution has been made to the Court which passed the decree and shall return the decree to that Court. If within 6 months from the date of receipt of the decree on transfer, the
decree-holder applies for execution of the same, the t ransferee Cour t shall intimate this fact together with the number of execution case and the date of filing the application f or execution to the Court which passed the decree.

CHAPTER – VII
Commissions
I. General
170. Promptissive of commissions- Courts must issue commissions with promptitude and District Judges should at the time of their periodical inspect ions sat isfy themselve, that this is done.
171. Supply of materials.and estimating the duration before issue of commission – Before issuing a commission the Court shall-
(a) call on the party at whose instance the commission is issued to supply an abstract of pleadings and issue for the use of the commissioner;
(b) af ter consulting the parties make an estimate of the probable duration of the examination of each witness. When the estimate is exceeded the Court should enquire into the cause of delay and
disallow any charges of the commissioner which it finds to be unreasonable.
172. Fixing date of return of commission – In issuing a commission the Cour t shall f ix a date allowing suf f i cient time f o r its return af ter execution. It must be clear ly understood that the commission is to be returned by the date f ixed.
173. Extension of time for return of commission – If for any reason the commissioner finds that the date fixed is likely to be exceeded, he should obtain an extension of time before proceeding with the execution of the commission or its fur ther execution, as the case may be.
174. List of commissions for recording evidence – All the Subordinate Courts should maintain a list of comparatively junior lawyers for recording the evidence on commission.

II. Commissions for examination of witnesses
175. Manner of transmitting commissions to lawyers – If a commission is to issue to a lawyer the commission shall be transmitted together with the fee, to the Court in which the commissioner is practising as a lawyer and, when such Court is the High Court, to the Registrar.
Note 1 – Fees transmitted to the Registrar shall be remitted by money-order payable to the Accountant of the Regist rar ‘s off ice.
176. Prompt del ivery of commission to lawyer – The Court or officer receiving a commission issued to a lawyer shall immediately deliver it to him unless he refused to act.
177. Distant dates for return of certain commission – Distant dates should be fixed for the return of commissions sent to distanct places.
178. Manner of sending and executing commission in England – When a Court in India issues a commission or a letter of request under Sec. 77, Code of Civil Procedure, for the examination of witnesses in England, the High Court in England will itself appoint an examiner to take the evidence, if application be made to it for the purpose. But the High Court in England cannot act in any way unless put in motion by a proper application; therefore, in every case in which it is desired to obtain the appointment of an examiner by the High Court in England, the parties interested must
instruct as solicitor to apply to the High Court in England to make the necessary orders. The Courts in India shall for this purpose make over the commission or fet ter of request in Form No. 8. Appendix II to the First Schedule of the Code of Civil Procedure, which should be addressed, to ‘The Supreme Court of Judicature” to the interested party, whose duty it is to take all further
necessary steps under Sec. 1 of the evidence by Commission Act, 1859 (22 Vict. cap. 20) and the rules framed under Section 6 of that stature (vide Order 37, Rules 54 to 58 of the Rules of the Supreme Court 1883-Annual practice, 1935, pages 681-684).
179. Manner of preparing and forwarding letters of request to foreign Country – (a) Letters of request issued by a Court in India for the examination of witnesses in foreign countries should be forwarded to Government for transmission through the regular channel. Such letters of request must be issued in England, and must be accompanied by a list of interrogatories, in English, to be put to the witness -and also by a translation, in the language of the Court in which it will be executed, of the Letter of Request itself, of the interrogatories and of any other documents which accompany the letter. In cases in which the parties on both sides agree to be represented at the examination of the witness in the Foreign Court, the Court issuing the Letter of Request may, if it thinks fit, ask that the agent of the parties be permitted to put such further questions to the witness in examination and cross-examination as they may be advised.
(b) When issuing such Letter of Request Courts in India should observe the law in force in dif ference count ries affect ing the execution of commissions for the examinat ion of witnesses abroad.
180. Notice of time and place of examination of witnesses on commission – A commissioner for the examination of a witness shall ordinarily give previous notice of the time and place of such examination to the witnesses and to the parties or their lawyers, and it shall be their duty to attend at such t ime and place. In f ixing the time and place the commissioner shall have due regard for the convenience of the witnesses particularly in the case of those whose attendance is ordinarily excused, such as, pardanashin ladies, persons unable to be removed f rom their house owing
to old age, sickness or other bodily inf i rmity or persons of rank exempted by an order under Section 133, Civil Procedure Code, f rom personal attendance in Court.
III. Commissions for local investigations and to examine accounts
181. Considerations for issue of commissions for local investigation and to  examine accounts – The responsibil ity of ordering an inquiry under Order XXVI , Rule 9 of the Code of Civil Procedure, rests entirely with the Court before which the suit is pending. Such Court may order such inquiry when it deems a local invest igat ion to be necessary or proper for the purpose of elucidating the matters in dispute or of ascertaining the amount of any mesneprofits or damages or annual net prof its. The Court is therefore, to consider, when it is moved to order any such inquiry, whether the nature of the case calls for that part icular mode of injury, whether applicat ion has been made at a proper stage of the proceedings, whether the importance of the case war rants that expenses should be imposed upon the parties, and whether such inquiry may not be attended with a delay which will counterbalance the advantage to be der ived from it.
182. Preparation of proceeding for commission for local inquiry- When the commission is for a local inquiry proceeding in Form No. (J) 27 or, where it is more suitable in Form No. (J) 28 shall be drawn up giving the points which require elucidation or ascertainment in that particular way, leaving to be substantiated by the parties by evidence at the trial those points which conveniently can and ought to be so substantiated. A copy of such proceeding shall be forwarded to the commissioner.
183. Nomination by District Judge of Commissioner for local investigation – When in any suit or proceeding a local invest igat ion f or any of purposes specified in Order XXVI , Rules 9 and 13, Civil Procedure Code or any other local invest igat ion under the said Code, requiring knowledge of survey for the purpose of ef fect ing a delivery of possession, or for any other purpose is deemed necessary , the Court shall before issuing a commission apply to the Distr ict Judge for his instructions regarding the par t icular person whose services are available for that duty and shall issue a commission in accordance with his nomination. The application shall contain a statement of the nature of the work, the value of the suit or subject-matter, the time which is estimated the commission will take to execute and the cost including proposed fee (which should be inclusive where ever possible) and travelling allowance, if any.
184. Commissioner requiring survey knowledge to be issued to persons entered in the list maintained by District Judge – When a commission, order or writ, issued by a Civil Court under the Code of Civil Procedure, 1908, is of such a nature as to require that the person executing it should have some know/edge of survey, it should so far as possible be issued only to a person whose name is entered in a list to be maintained by each District Judge of persons qualified to execute such commissions. The qualifications for entry m the list be as follows:
(i)The holding of certificate of proficiency in surveying granted in accordance with the rules framed by Government.
(ii)Bachelor of Civil Engineering; the examination for Overseers of Public Works Department (But not that for Sub- Overseers); Subordinate Engineer’s Certificate Examination.
(iii)The satisfactory execution of survey commissions for the Civil Courts in the Judgeship during a period of not less than ten years.
As between person included in the aforesaid list, preference should ordinarily be given to those who are lawyers except in those special cases in which an expert knowledge of survey may be more important than a knowledge of law.
185. Transmitting commission by registered post- Wherever transmission by post is necessary for the issue of a commission whether to a Court or to lawyer, the papers, are to be sent and returned by registered post and the cost of doing this should be realized from the parties.
186. Control of the District Judge over the commission – The District Judge should keep a careful watch upon the work of each commission included in the list maintained under Rule 184 and a record of the work of each should be kept by him in a form similar to that of service book. When issuing his nomination under Rule 183 the District Judge should invariably direct the Court concerned to submit a report indicating the fee paid and stating whether the commission in questions was executed satisfactorily and punctually. If, after considering such reports and making such enquiries as he may deem necessary, the District Judge is satisfied that any commissioner is incompetent or is doing unsatisfactory work, he shall strike off the name of the commissioner from the list. Ordinarily, payment should be made to the Commissioner after the hearing of objections to his report, or if no objection is filled to his report, after the expiry of the period fixed filling the objection. The District Judge should see that only reasonable remuneration is paid.
186-A. Duties and responsibilities of salaried Amins -Salaried Amins as far as possible should be utilised for the purpose of the works for which they have been appointed, i.e. for spot inspections, survey and measurement works and effect ing partition in final decree proceeding, etc. If there is derth of such work during the period, there services may be utilised for other suitable purposes in the of f ice as ordered by the Controlling Officer. Regarding the-outturn, the Controlling Of f icer taking into consideration the nature of the work entrusted while issuing writ should specify the period of its execut ion. The Salaried Amins should be required to maintain a daily diary of the work done by them during the period of absence from the headquarter Station when they discharge other duties. The yardstick applicable to regular employees discharging such duties will also be applicable to Salaried Amins.
187. Submission of report, field-book and diary by the commissioner- When the work of commissioner is complete he shall submit, with his report the f ieldbook and his diary showing how it was occupied during the inquiry.
CHAPTER – VIII
Suits by or against Government or public officers
188. Priority of hearing of certain suits -Al l suits in Civil Courts, for the prosecution or defence of which persons in the service of Government, of f icers in the army, or soldiers have obtained leave of absence shall, be disposed of by such Courts as soon as they are ripe f or hearing, irrespective of the order in which they may stand in the register and as speedily as may be consistent with the due administrat ion of just ice.
189. Priority of hearing of suits in which Army Reserves personnels are parties – The above orders, under which of f icers and soldiers of the act ive army can claim priority of hearing in civil suits are extended to the Army Reserves.
190. Government pleader to file memo instead of Vakalatnama in certain cases – In every case in which the Government pleader appears for the Government , whether for the Government as a party on its own account, or for the Government as undertaking under the provisions of Order XXVI I , Rule 8 of the Code of Civil Procedure, the defence of a suit against an of f icer of the Government shall, in lieu of a Vakalatnama file a memorandum on unstamped paper signed by him, and stating on whose behalf he appears. Such memorandum shall be, as near ly as may be, in the terms of the following form: Cause, title of the suit, etc.
I, A. B., Government Pleader, appear on behalf of the Union of India or the State of Orissa, or (as the case may be) or defendant (or etc.) in the suit, or on behalf of the State which, under Order XXVI I , Rule 8 of the Code of Civil Procedure, has undertaken the defence of the suit, respondent (or etc.) in the suit.
Note – In other cases the Government pleader shall file a Vakalatnama in the same manner as any other pleader.
191. Prohibition of paying money to Government pleader without production of written authority from Collector – No Civil Judicial Authority shall pay out money to Government pleaders or persons acting on behalf of Government in any suit, unless they produce an authority in writing from the Collector or other officer representing Government, directing them to apply to the Court for such money.
CHAPTER – IX
Appointment of Receivers
192. Prompt intimation to Collector about receivership regarding land paying revenue – When any Civil Court commits land paying revenue to Government to the management of a Receiver appointed under Order XL, Rule 1 of the Code of Civil Procedure, information about it should always be given to the Collector without delay.
193. Prohibition of appointing Civil Court Officer as Receiver- No Civil Court Off icer should be appointed as Receiver except with the sanction of the District Judge, which should only be given in petty cases where the duties of the receivership cannot interfere with the officer’s ordinary work and in no case shall remuneration be given to an officer so appointed.
CHAPTER – X
Ex parte injunctions
The following rules though they do not profess to be exhaustive or fetter the Court’s discretion are recommended for use by the subordinate Courts.
194. Cautions in cases of ex parte injunction – The power under Order XXXIX, Rule 3 of the Code of Civil Procedure, to issue an ex pane injunction should be exercised with the greatest care. The issue of an injunction on the application of one party and without previously giving to the person affected by it an opportunity of contesting the propriety of its issuing, is a diviation from the ordinary course of justice which nothing but the existence of imminent danger to property if it be not granted, can justify. The Court should, if possible, always require notice, however short, to be given to the opposite party.
195. Not to grant ex parte injunction unless application is prompt – An application for an ex parte injunction should not ordinarily be granted unless it is made promptly.

196. Particulars in the application for injunction to be supported by affidavi t – Every application for an injunction must be supported by af f idavit. All material facts must be fully and fai r ly stated to the Court; and there must be no concealment or misrepresentation of any material fact.
197. Particulars in affidavit in support of ex parte injunction- An aff idavit in support of an ex parte injunction Should always state the precise time at which the plaint if f or the person acting for him became aware of the threatened injury. It must also show either that not ice to the defendant would be mischievous or that the matter is so urgent that the injury threatened would, if notice were served on the defendant, be experienced before the injunction could be obtained. The case of irremedial mischief impending must be made out. Mere allegation of irreparable injury will not be sufficient. The facts on which the allegations are founded must be set forth clear ly and specifically in the affidavit.
198. Short notice of application for injunction – The notice to be given should be for the shortest possible time. The Presiding Judge must make particular care to arrange for prompt service of copy of the plaint and af f idavit upon the opposite party and to bring the matter to hearing as early as possible.
199. Order of injunction and vacating the same in certain circumstances – If the opposite-party evades service of notice or makes unreasonable delay in showing cause, the Court may find it necessary to make an appropriate order of injunction. On the other hand an interim injunction should be dissolved if the plaintiff makes willful default in depositing the process fee, causing the service of notice on the opposite-party or otherwise prosecuting the matter with diligence.
200. Duration of ex parte injunction – An ex parte injunction should generally be until a certain day and that for the shortest duration which a defendant can come ef fect ively before the Court.
201. Term for interlocutory injunction or withholding the same – When an interlocutory injunction or an interim restraining order is applied for, the Court may require the plaintiff as a condition of the interference in his favour, to enter into an undertaking to abide by any order the Court may make as to damages, or in some cases it may require the defendant to enter into terms as a condition or withholding an interlocutory injunction.
202. Specification in the order of injunction – When an injunction is granted greatest care should be taken to state exact ly and very clearly what it permits and what it prohibits. When a series of acts of different kinds are sought to be restrained the order granting an exparte injunction should embrace only the acts regarding which such an order is really needed.
203. No ban for fresh application for injunction after dissolution of ex parte injunction on common ground – Dissolut ion of an ex parte injunction on the ground of mis-statement or concealment of material facts will not operate as bar to a fresh application for another injunction on the merits.
CHAPTER – XI
Appeals
204. Language of appeal memo – All memoranda of appeal should, when practicable be in English and type-wr i t ten.
205. Relief and value of appeal – Every memorandum of appeal shall clearly specify the relief sought and state the value of the appeal.
Note – Valuations for purposes of jurisdiction and for payment of Court-fee, shall be separately shown.
206. Statement of the pleader presenting appeal memo or retained af ter filing of the same – Every memorandum of appeal when signed and presented by a pleader shall, as its foot or when presented by the party in person or by his recognised agent and a pleader is af terwards retained by such party, on a separate sheet of paper which shall be annexed to such memorandum of appeal, contain the following statement to be subscribed by the pleader before he is allowed to present it or to appear to suppor t the appeal :
“I cert ify that I have examined the record and that in my opinion the grounds of appeal are good and I undertake to appear and support them before the Appellate Court”.
207. Registration of appeal memo -All memoranda of appeal must be registered on presentation irrespective of any question as to their possible rejection.
208. Fixing date for hearing of appeal – The date for hearing an appeal shall be fixed so as to allow sufficient time to the respondent to file a cross objection, if any, under Order XLI, Rule 22, Civil Procedure Code.
209. Stay of trial of suit – The trial of a suit should not be held up by reason of an appeal or an application for revision having been filed against an interlocutory order unless there has been a stay order by the Superior Court.
210. Care to be taken in admitting appeals and revisions and granting stay – The Appellate Court should be very careful in dealing with admission of appeals and revisions against inter locutory orders and should grant a stay only when a very st rong case is made out and in any case no stay should be granted without imposing terms. The reasons for granting the stay should be incorporated in the order.
211. Submission of only material papers in cases of appeals and revisions against interlocutory orders – The entire record, unless specifically called for should not be forwarded to the Appellate
Court in connection with a miscellaneous appeal or an application for revision – arising from an inter locutory order passed in the suit or proceeding. Only the material papers connected with the order appealed against or sought to be revised should be sent and when it is not practicable to send the relevant portion of the order sheet, an attested copy thereof should be submit ted :
Provided that in appeals against order under Order IX, C.P.C. the ent ire records shall be forwarded.
212. Manner of forwarding records for appeals and revisions – The papers in file C-l and also in file D of records under Class- lll-A should not be forwarded for reference in appeals and revisions unless they are specifically called for. While forwarding such records the Presiding Officer of the subordinate Court shall furnish a certificate to the effect that he has forwarded all the relevant lower Court records or part thereof after personally examining the same.
213. Priority of hearing of appeals and revisions in which stay orders are passed – The appeals and revisions in which stay orders have been issued be disposed of expeditiously by giving them priority.
214. Priority of hearing of cases in which findings are called for by Appel late Court – Cases in which findings are called for by the Appel late Cour t they should be given precedence over all other civil work other than that of a specially urgent nature. In such cases, no adjournment of the date of hearing be granted beyond the date f ixed by the Appellate Court for return of finding without previous sanction of the Appellate Court . The f indings must be submitted by the day named in the order of the Appellate Court. Extension of time should not be applied for to the Appellate Court , unless good cause can be shown in suppor t of the application.
215. Certifying costs to the Appel late Court – In -every case in which the Appellate Court refers issues for trial under Order XLI, Rule 25 of the Code of Civil Procedure, the Court to which the reference is made shall, on returning its finding, certify at the foot thereof the amount of costs (showing the items in detail) incurred by each of the parties to the case at the retrial before the
Court, in view of such costs being provided for in the decree that may be f inally passed by the Appellate Court.
216. Communicating result of second appeal – The result of a second appeal should invar iably be for thwi th communicated by the lower Appellate Cour t to the original Court.
217. Rules as to cross-objection -The provisions of Rules 204, 205 and 206 shall, as far as they may be applicable, apply to the memorandum °f cross objection.
217-A. The provisions in Rules supra in this chapter shall also be appl icable mutat is and mutandis to Civil Revisions. ]

CHAPTER – XII
Rules for the guidance of guardians of minor defendants and minor respondents
I. Original suits
218. Manner of communication by the Court, guardian and his duties
– (1) Where there are both major and minor defendants and there is no appearance, the guardian with a view to obtain instructions in the case should communicate with the natural guardian of the minor and ordinarily with the major defendants in the case by registered reply postcard in which the subject-matter of the suit should be briefly stated.
(2) Where the sole defendant is a minor, the aforesaid communication should be addressed to his natural guardian, and in any case where the interest of the minor requires, may be addressed to persons other than those actually parties in the suit.
(3) If no response is received to the communication mentioned in Sub-Rules (1) and (2) or if the response is not helpful and the guardian is unable to have a personal interview with the defendants or their agents, he should report the fact to the Court with a statement of the circumstances and apply for leave to go to the locality for necessary enquiry.
(4) The guardian’s report on any local enquiry made with the permission of the Court should contain in the following particulars :
(a) Date and hour of departure for the locality;
(b) Mode of journey, viz. whether by rail, steamer or boat or road;
(c) Date and hour of reaching the locality;
(d) The names of persons who identify the minor;
(e) Age of the minor as stated by the minor’s people and as estimated by the guardian;
(f) The names and residence of persons in whose presence the enquiry is held;
(g) Whether the minor has any defence;
(h) If there is defence what is the nature of it and what benefit is expected to the minor out of the defence;
(i) Whether the minor or his people are able and prepared to meet the costs of the defence, and if not, what is the probable amount of such costs;
(j) If no defence is filed, the reasons thereof together with the statements of the persons on whose report the decision is arrived at.
(5) In case the Court refuses to grant leave for local enquiry, the guardian will proceed according to the instructions of the Court given in each case.
(6) Where in response to communication mentioned in Sub-Rule (2) or otherwise, the minor or his natural guardian, or any other persons on his behalf, come and see the guardian, his subsequent proceedings and report should conform as far as applicable to Sub-rule (4) (g to j).
(7) The guardian’s report mentioned in Sub-Rules (4) and (6) may contain such other facts as he may think necessary to bring to the notice of the Court.
(8) In petty money suits the Court shall not ordinarily grant leave to the guardian – ad litem to go to the locality for enquiry.
II. Appeals
(9) The foregoing will apply mutatis mutandis to the appointment of guardians of minor respondents subject to the following rules:
(10) If no response is made to the registered post-card mentioned in Sub-rule (1), the guardian, should, before applying for leave to go to the locality similarly communicate with the pleader who conducted the case in the lower Court on behalf of the minor or his predecessor-in-interest and ascertain from him, if possible, the probable cause of the non-appearance of the minor, reporting the result to the Court.
(11) If the step taken under the last preceding Sub-rule does not elicit any satisfactory results, the guardian should consult the record and submit a report to the Court in which should state whether in his opinion the judgment and decree of the lower Court can be supported and if such opinion is in the affirmative, why he should not argue the case himself before the Court. A written note on the merits of the case should accompany the report.
(12) An amount estimated to cover the actual travelling and halting expenses of the guardian, not exceeding the scale laid down by Rule 219 will be required by Court to be deposited by the party at whose instance the guardian is appointed before an order is passed for a local enquiry mentioned in Sub-Rule (3). The amount so deposited or so much of it as may be found due will be paid out to the guardian when he has submitted his report mentioned in Sub-rule (4).
(13) The actual postal charges for communication mentioned in Sub-rules (1), (2), (10) will be deposited and paid to the guardian along with the fee prescribed by the High Court.
219. Rate of allowance to Court guardians – The rate of travelling allowance to be allowed to the guardian ad litem both in the case of an original suit and of an appeal, shall be admissible to officers of the second grade under the Orissa Travelling Allowance Rules with a daily allowance of Rs. 10 for the days for which he may be away from headquarters.

PART – II
Records
CHAPTER – 1
The Classification of records of judicial proceedings
220. Classification of records for preservation or destruction – The records of judicial proceedings whether suits or cases, are divided into four classes. This classi f icat ion relates only to the preparation and the preservat ion or dest ruct ion of the record, and does not af fect any other class i f icat ion of sui ts or cases for the purpose of returns or statements.
221. Class I Records – Class I includes records of – (a)Suits for affecting immoveable property other than suits under Order XXXIV, Civil Procedure Code, 1908;
Note – Suits under Sect ion 6 of the Specif ic Rel ief Act , 1 963 should be included not in this Class but in Class III;
(b) Suit in respect of the succession to an office, or to establish or set aside an adopt ion, or otherwise determine the status of an individual;
(c) Suits relating to public t rusts, charit ies or endowments;
(d) Proceedings under the India Divorce Act and suits for dissolution of mar riage by exercise of the option of puber ty under the Mohammedan Law;
(e) Suits for perpetual injunct ions and declarations of right in matters other than those specified in Clauses (a), (b) and (c) above;
(f) Cases under Sec. 201 of the Orissa Tenancy Act, 1913, to determine the incidents of a tenancy;
(g) Cases under Sec. 135(2) of the Orissa Tenancy Act ;
(h) Cases under the Musalman Wakf Act , 1954 (Act No. 29 of 1954), and applicat ion f or the sanct ion required by the Mchammedan Law for the t ransfer of Wakf property;
(i) Object ion petit ions under Section 6 of the Puri Sri Jagannath Temple (Administrat ion) Act, 1 952 (Orissa Act XIV of 1 952);
(j) Application under Section 34 of the Arbitration and Conciliation Act , 1996 (Act No. 26 of 1996)]
(k) Appl ications under Sub-section (2) of Sec. 4 of the Orissa Communal Forest and Private Lands (Prohibition of Alienation) Act, 1948;
(I) Suits arising under the Hindu Marr iage Act , 1955;
(m) Proceedings under the Special Marriage Act, 1954 (XLIII of 1954) and the Indian Christian Marriage Act, 1872 (Act No. XV of 1872).
222. Class II Records – Class II includes records of –
(a) Suits under Order XXXIV of the Code of Civil Procedure;
(b) Suits for a declaration of a right to maintenance with or without a charge on immovable property or to determine the rate thereof;
(c) Contested and uncontested suits and cases, of Probate and Letters of Administration, and for the revocation for the same;
Note 1 -The custody and the preservat ion of a will itself is provided f or in a separate volume and consequent ly a will is not a part of the record within the meaning of this rule unless Probate or Letters of Administration have been refused;
Note 2 – Orders in an enquiry made at the instance of the Collector under Clause (5) of Section 19 – H of the Cour t – fees Act VII of 1870, should be written on the order-sheet of original cases to which they relate; and the papers of -the proceeding will form part of the records of the original case; (d) Cases under the Guardian and Wards Act, 1890 relating to the guardianship of minors and the administration of their property;
(e) Cases under Section 8 of the Hindu Minority and Guardianship Act, 1956 (No. 32 of 1956);
(f ) Cases under the Indian Lunacy Act , 1912 relating to the guardianship of lunat ics and the care of their estates;
Note – An application by an executor or administrator or by the guardian of a minor lunatic, to sell, mortgage or otherwise dispose of property belonging to the estate, is an application in the case, and together with all the proceedings connected with it must form part of the record of the case;
(g) Cases for succession certif icate under the Indian succession Act, 1925;
(h) Applicat ion under Section 83 of the Transfer of Property Act, 1882.
223. Class III Records – Class III includes records of –
(a) All suit which do not come under Class I or II, excluding suits of the Small Cause Courts which are tried in the Regular Civil Courts under the procedure prescribed for Small Cause Courts;
(b) Suits for the recovery of ar rears of maintenance;
(c) Cases under Par t VII of the Indian Succession Act (XXXIX of 1925);
(d) Cases under the Land Acquisit ion Act, 1894, Parts III, IV, and V.
(e) Cases under the Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisit ion) Act , 1948 (XVII I of 1948);
(f) Cases under Sec. 59 of the Land Registrat ion Act, 1876;
(g) Cases under Section 83 of the Transfer of Property Act, 1882 regarding the redemption and foreclosure of mortgages;
(h) Cases under the Legal Practitioners Act (Act XVIII of 1879);
(i) Cases under the Civil Procedure Code for a declaration of insolvency, under the Provincial Insolvency Act, 1920.
(j) Applications under Sect ions 75 and 87 of the Orissa Grama Panchayat Act, 1948 (XV of 1948) and Sect ion 31 of the Orissa Grama Panchayat Act, 1965 (I of 1965);
(k) Cases under Sections 15 and 17 of the Payment of Wages Act, 1936 (IV of 1936);
(I) Cases arising out of Section 23 of the Orissa Money Lenders Act, 1939 (Orissa Act III of 1939);
(m) Cases under Sections 104, 109 (8) and 110 of the Orissa Tenancy Act, 1913;
(n) Applications under Sect ions 7, 8, 9, 11, 12, 28, and 33 of the Arbitration Act, 1940 (Act X of 1940);
(o) Applications under Section 22(2) of the Hindu Succession Act, 1956 (Act XXX of 1956);
(p) Applications for compensation under Section 110-A of the Motor Vehicles Act, 1939 (Act IV of 1939);
(q) Applications under Section 6 of the Orissa Scheduled Areas Transfer of Immoveable Property (by Scheduled Tribes) Regulations, 1956;
(r) Applications under Sections 75, 89, 113, 118, 141, 144, 163, 196, 219, 234, 240, 304, 307, 375 and 614 of the Companies Act, 1956 (Act I of 1956);
(s) Cases under Section 6 of the Industrial employment (Standing Order) Act, 1946;
(t) Cases under Section 31 of the State Financial Corporation Act, 1951 (XLIII of 1951);
(u) Proceedings under the Orissa House Rent Control act, 1967; (v) Cases under Section 33(b) of Shri Jagannath Temple Act, 1954 (Orissa Act No. II of 1955);
(w) Election petitions under the Orissa Municipal Act, 1950 (Orissa Act XXIII of 1950);
(x) Election peti tions under the provisions of Orissa Panchayat Samiti (Conduct of Election) Rules, 1970;
(y) Application to sue or appeal as an indigent person, if rejected, notwithstanding their regist ration as a suit or appeal and rejection for non-payment of Court Fees;
(z) Applicat ions under Section 57-A of the Orissa Land Reform Act, 1960 (Orissa Act 16 of 1960).
Note – Proceedings under the Civil Procedure Code for the transfer or for the restoration of a suit or appeal or for a review of judgment are proceedings in the suit or appeal, and must form part of the record relating thereto.
224. Class IV records – (1) Class IV includes- Proceedings in execution of decrees in suits belonging to Classes I, II and III.
Note 1 – Under the law, all such proceedings are proceedings in the suit and they must be entitled as such; but f or the purpose of the arrangement and ultimate disposal of the record, each application for execut ion shall be treated as a separate case, the record of which shall include the papers on all matters connected with execut ion f rom the date on which the application was
presented until it is f inal ly disposed of.
Note 2 – Proceedings by which decrees are sent or transfer red for execution are included under the general heading.
225. Small Cause Court Records – Records of suits of Small Cause Court Class tried under the Small Cause Court procedure by Judicial Of f icers empowered under Section 25, Act XI I of 1887 shall be disposed of in accordance with the rules hereinafter provided for records of Courts of Small Causes.
226. Separate record in proceeding under Cr. P.C. and period of preservation – A separate record having its own order-sheet and containing appropriate paper of extracts from the original record should be started in proceedings under the Criminal Procedure Code arising out of a suit, appeal or execution case. A reference to the initiation and termination of the proceedings will be made in the order-sheet of the original suit, appeal or case and the record of the proceedings will be kept in the record-room with that of the original suit, appeal or case, annexed to that file thereof which under the rules is to be preserved for the shor test period.
CHAPTER –II
The arrangement, preparation and inspection of records in the trial Court
I. Arrangement and preparation of records
A. The division of the records into files
227. Period of preservation of files – Even records shall as hereinafter provided consist of one or the more of the following f i les to be ordinar ily preserved for periods noted against each :
File A – for ever
File B – for 25 years
File C – for 12 years
File C – I for 6 years]
Note – C-l file needs not be destroyed if the same is called f or by the Appellate or Revisional Court. The Record Keeper should however verify as to whether any appeal or revision is pending before taking up the destruction of C-l files and should make an endorsement about such verification in the concerned registers before taking of the destruction.
File D for 6 years
228. Files of Class I Records – Every record under Class I shall consist of three files to be styled and marked, respectively File A, Fife C and File C-l.
229. Contents of File-A – File A shall contain –
(a) Table of contents;
(b) Order-sheets;
(c) The plaint or application, together with any Schedule annexed thereto;
(d) The written statement of the defendant or the counter-petition;
(e) Memorandum of the Issues;
(f) Award of arbitrators or petitions of compromise, if given effect to in the decree; also the return or report and the map and the filed- book (if any) of a commissioner in matters relating to
immovable property, if referred to or given effect to in decree, but not any portion of the evidence taken by such commissioner also in the case of Minors or Lunatics, any order of the Court
sanctioning compromise as beneficial to the Minor or Lunatic;
(g) The preliminary decree (if any), with the further direction (if any) given and the judgment upon which preliminary decree is found;
(h) The Judgment ;
(i) The final decree;
Note – When the ex parte decree is set aside, the same will be transferred to File C – I .
(j) The copy of the judgment and decree of the Appellate Court or Courts (if any) ;
(k) Petition for final decree]
(l) The order / judgment of the records of Civil Revision .
230. Contents of file C – File C shall contain –
(a) Table of contents;
(b) All the evidence, oral and documentary including examination of the parties or their agents under Order 10, C.P.S, upon which the subject-matter of the suit is decided.
Note – When an ex parte decree is set aside, the ex parte evidence wi ll -be transferred to file C-l;
(c ) List of documents admitted in evidence.
(d) All other documents of records of Civil Revisions;
231. Contents of File C-l – File C-l shall contain –
(a) Table of contents (b) All other papers
Note – When applications for inspection of records and vakalatnama are f iled af ter Class C-l papers are destroyed, the same will be kept in a separate f ile and dest royed af ter a quarter af ter obtaining orders to that ef fect f rom the Judge in-charge. But a note should be made in the order-sheet about the filing of the application, the date of the inspection and the name of the lawyer appearing for the concerned.
232. Files of Class II records – Every record under Class II, shall consist of two f i les to be styled marked File B and File C-l;
(a) File B shall contain the papers specif ied and included in Files A and C and Class I records :
Note – Secur ity bonds filed in cases mentioned in Clauses (c) and (d) and applications refer red to in Note under Clause (f) of Rule 222, Chapter I of this Part, as also other papers the preservat ion of which has been directed by the Judge, will form part of File B.
(b) Contents of f i le C-l, File C-l shall contain all other papers.
Note – The papers of the proceedings of an inquiry made at the instance of the Col lector under Clause (5) of Section’19 – H of the Court Fees Act , VII of 1870, should be kept in this file.
233. Files of Class III records – Every record under Class III shall consists of two f iles to be styled and marked Files C and C-l. File C shall contain the papers specif ied and included in Files A and C of Class I and File C-l shall contain all other papers.
234. Files of Class IV records – (a) Every record under Class IV shall except as provided in Sub-rules (b) and (d), consists of one file which shall contain all the papers relating to the case, and shall be styled and marked as File D.
(b) If the proceedings comprised in a Class IV record arose out of an application to execute a decree in a suit included in Class I, and a question is determined as to the const ruct ion of the decree, or its effect as regards all or any of parties thereto, the record shall be divided into two f i les to be styled and marked respect ively Files A and Files C.
(c) In cases falling under Sub-rule (b), File A shall contain-
(i) Table of contents;
(ii) The order-sheet;
(iii) The application for execution when a question as to the construction, effect or scope of the decree is raised and determined:
(iv) The petition raising by question as to the construction or effect of the decree, and any counter petition;
(v) The judgment of the Court on such question;
(vi) The copy of the judgment of the Appellate Court or Courts (if any). The File C shall contain all other papers.
(d) Where delivery of possession of immovable property has been made in execut ion of a decree for recovery of possession or where immovable property has been sold in execut ion of a decree and the sale has been conf irmed the record shall be divided into two files to be styled and marked respectively, File B and C, the essential papers, namely, the order-sheet, the application for execution, the copy of the sale certificate and that writ of delivery of possession with Nazir’s report being placed in File B and other papers in File C.
235. Arrangement of appellate record – (a) Every record of an Appellate Court shall be arranged in the same ways as that of the Court of original jurisdiction except that there shall be no C f ile in respect of Class I records the papers which would belong to that file where additional evidence is taken being attached to the C-‘l file.
(b) The file must be marked A, B or C as in the Court of f irst instance according to the nature of the case.
Note 1 – The copy of the judgment and decree which accompany a memorandum of appeal should be placed with File C-l.
Note 2 – In the case of Civil Appeals, except miscellaneous appeals, the certified copies of judgment and decree filed with the memoranda of appeal should be returned to the appellants on their applying for them af ter disposal of the appeals, since the original record is kept with the appellate records in the district record room. In the case of civil miscellaneous appeals, these documents
should not be returned but should be retained with the appellate records until the ‘C’ file with which they are placed is due for destruction.
236. Time of distribution of papers into files – The distribution of papers into the proper files must be made immediately af ter the first hearing and shall be continued from day to day as the case proceeds.
237. Special rule of preservation for certain records – Notwithstanding anything contained in the foregoing rules, the record in the following cases shall be preserved for one year and shall consist of one file only unless such distribution has already taken place before disposal.
(i).Where the plaint or memorandum of appeal has been rejected except those cases which are covered by Rule 223 (y), Chapter I of the Part;
(ii).Where the case has been dismissed under Order IX, Rule 2 in consequence of the plaintiff’s failure to pay cost of summons to the defendant or Rule 3, where neither party appears;
(iii). Where the case has been dismissed on sat isfact ion before decree;
(iv).Where the plaint or memorandum of appeal has been returned for presentation to proper Court;
(v)Where an appeal is dismissed as barred by time, abated or not pressed before the appeal is admitted for hearing.
(vii) Where Execution Proceeding is rejected under Order 21, Rule 17 (1-A) of the Code of Civil Procedure. ]
Note 1 – In case (ii) the file will be split up when an application for restoration is filed.
Note 2 – In cases where costs have been awarded by the final order, the record, should be classed as File C.
Note 3 – Where in suits f iled by indigent persons, Cour t – fee are required to be realised by f inal order, records should be classi f ied as ‘Class C’ and consigned to the Distr ict Record Room for preservation.
On the records of every such case the clerk-in-charge of the records shall stamp or write conspicuously the words ‘Rejected; ‘Dismissed for default’ ‘Satisfaction’ or ‘Plaint returned’ as the case may be;
B. THE TITLE PAGE
238. Title page – To each f ile of every record shall be pref ixed a title page in the prescribed form showing the period of its preservat ion.
Note – No title page need be attached to records of cases referred to in Rule 237 until these are called for by some superior Court. Then the title page of the f irst file, according to classification, shall be attached.
239. Colours of title pages -The title pages shall be of different colours.
File A-White
File B-Red
Files C and C-l Yellow
File D-Blue

C. THE TABLE OF CONTENTS
240. Table of contents – The Table of Contents shall be written in English day by day as the case proceeds and except as otherwise provided shall show all the papers in the file in the order they are filed. A separate serial number will be assigned to the order-sheet (e.g. i, ii, iii, iv. etc.) and it will not be taken into account giving page marks to the other papers in the file.
241. Noting transfer of paper in Table of Contents – The transfer of any paper from one file to another shall be noted in the table of contents of both the files.
242. Only lists of documents are to be shown in Table of Contents – Documents filed in any case and the exhibits are not to be entered in the table of contents; but their lists are to be shown in their proper places in the table of contents.
D. THE ORDER SHEET
243. Order-sheet – The order-sheet shall be written in English and shall contain all orders passed by the Court.
Note – Order shall not be written on petitions, reports and other similar documents. The serial number and the date of the order passed on any petition, shall be noted on such petition.
244. Noting cause title in order-sheet – The full cause title shall be noted in the first order-sheet or the suit of case. Amendment of cause title, if any, should be incorporated immediately in the f irst order-sheet.
245. What are to be noted in order-sheet – The Order-sheet being intended to show the course of a suit or case from first to last, shall also contain a note of every order made in the suit or case, and shall show the date of and the proceedings at every hearing. It shall show among other matters, the dates on which the plaint and written statement were filed, issues were settled or amended, witnesses examinated and the names of such witnesses, the date of the delivery of judgment, the signing of the decree and of any application for review of judgment or amendment of the decree.
It shall also contain a note of proceedings such as reading out of the deposition or a witness examined by commission, the reading of a commissioner’s report, and of the fact of any objection being made thereto, and if witnesses are in attendance when a case is adjourned, the fact shall be noted.
Note – Orders in proceedings under the Code of Civil Procedure for the transfer, or for the restorat ion of a suit or appeal, or for a review of judgment, [See Note to Rule 223, Chapter I of this Part] should be entered in the order -sheet of the main suit or appeal. A separate order-sheet should not be prepared. In all cases the order of the Appellate Court calling for the record of a suit or appeal should be recorded on separate paper and reproduced on the order -sheet of the suit or appeal, when the records have been received from the lower Court. When such – proceedings are disposed of without the main record being called for by the Appellate Court the order on the application should, in the same way be recorded on a separate paper and direct ions given to the subordinate Court to reproduce the same on the order -sheet of the main record.
246. What not to be noted in order-sheet – Orders, the reasons for which require to be recorded at length, shall not be writ ten on the ordersheet but a note of the order and of the date on which it was made, shall be entered in it.
247. What order to be signed by parties – Orders directing anything to be done by the parties or their pleaders, shall be signed then and there by the parties or their pleaders.
248. Writing and signing order sheet – The order -sheet may be wr itten by an of f icer of the Cour t at the dictation of the Presiding Judge, who, however, shall sign and be responsible for the correctness of the entries in it.
E. THE RECORD
249. Time and manner of attaching papers to the files -The pleadings, applications, proceeding and other papers in every suit or case shall be attached as the case proceeds to the files to which they belong, and shall be arranged in the order in which they are brought before the Court.
250. Manner of arrangement of depositions and examination of parties – The depositions of witnesses of each party shall be arranged in the order in which they are given. The examinat ion of the part ies recorded by the Court under Order X, Civil Procedure Code shall precede such depositions. The depositions of witnesses examined by the Court shall be placed af ter the depositions of witnesses for the parties.
F. DOCUMENTS
251. Statement of erasure, addition and interlineations in documents – Whenever a private document other than a registered document or a  certified copy containing erasure, addition or inter linenations is produced, it shall be accompanied by a statement clearly describing each such erasure, addition or inter linenations and signed by the person producing the same, reference to such statement shall be made in the list of documents produced [Form No. (j) 10].
252. Manner of filing small documents -Small documents when filed in Court shall be filed pasted on a paper equal to the size of the record, and the margin of the paper shall be stitched to the f ile so that no part of the document is concealed by stitching. If a document contains writ ing both on the f ront and the back, it should be kept in a separate coyer which should be stitched to the f i le at the proper place leading the main document untouched.
253. Marking documents admitted in evidence and making lists thereof – Documents admitted in evidence shall be marked with f igures 1, 2, 3 etc. and capital let ters A, B, C, etc., according as they are admitted on behalf of the .plaint if f ‘s or defendants and separate lists of such documents in Form No. (j) 11 shall be prepared by the Bench Clerk which will be signed by the Presiding Judge. The entries in these columns shall be made day to day.
Note – When a document is marked as exhibit, the same shall be noted against the relevant entry in the list in Form No. (j) 10.
254. Marking documents for two or more sets of defendants – When documents are marked for two or more parties or defendants, – the document of the first party may be marked A-1, B-1, C-1, etc. and those of the second, A-2, B-2, C-2, etc.
(a) Plianning slip of exhibit mark to exhibit forming part of voluminous document – Where an exhibit forms part of a voluminous document, such as account book, khata and counterfoil
receipt book etc. it should be clearly indicated by means of a slip of paper pinned to the sheet or page on which it occurs the exhibit mark being noted on the slip.
(b) Indicating entry in account book admitted in evidence- When an entry in an account book is admitted in evidence, the portion so admitted shall be clearly indicated by enclosing the same in red ink.
255. Marking documents admitted at the instance of Court- When documents are admitted at the instance of the Court and neither party is willing to accept them as evidence on his behalf, they shall be marked as I, II, III etc.
256. Marking documents of the same nature admitted in evidence – When a number of documents of the same nature are admitted as for example a series of rent receipts, the whole series should bear one number or capital letter, a small letter or small number being added beneath the number or letter, and separated from it by a line to distinguish each paper of the series.
257. Giving exhibit seals – Exhibit seals in the specimen forms given below should be used and complete information filled in while marking the document. Suit No. / Misc. Case
Exhibit ………….. of 20.
(Produced by …………….on …………………)
District Judge/1[Civil Judge(Sr. Division)]/1[Civil Judge(Jr.
Division)]
258. Exhibits not to be defaced – Exhibits must not be defaced in any way except in so far as the law permits, that is to say, by marking them as exhibits filed in a case.
259. It is unnecessary to put separate exhibit mark against the name of each attesting witness once the Will has been marked as an exhibit.
260. Manner of exhibit marking of documents of historical interest – When a document of historical or antiquarian interest is in question the Court should make every possible endeavour to prevent it being defaced by endorsement of exhibit marks or by having the seal of the Court impressed upon it. If the parties do not agree to a photograph copy being substituted for the original, the document may be enclosed in a sealed cover or in a locked or sealed box, the necessary particulars being enclosed outside such box or cover. If every other means fails, measures should be taken for the safe custody of the documents pending instructions f rom higher authorities.
261. Noting return of original exhibit for identification on its substitution by copy – When an original document af ter being marked for the purpose of identification is returned, and a copy thereof
substituted under the provisions of Order VII, Rule 17, or Order XIII, Rule 5 Code of Civil Procedure, a note of the return of the original shall be made in the lists referred to in the preceding rules.
262. Time of return of public document – When, any public document (not being the record of a suit or of a judicial proceeding) or a document in public custody has been produced in Court in compliance with a summons the Court shall after the document has been inspected or put in evidence, as the case may be, cause it to be returned with the least possible delay to the of f icer f rom whose custody it has been produced af ter the preparation of such copies the Court may require under Order XIII, Rule 5, Clause (2), Civil Procedure Code unless its detention is considered to be necessary till the delivery of the judgment.
263. Time and manner of return of unexhibited document -When the Court do not make any direction to the contrary unexhibited documents, if not returned earlier, shall at the conclusion of the trial, be returned to the person producing them or his pleader af ter he has signed the receipt for the same in the proper column of the list. A pleader when required to do so, is bound to take back any document produced by his client and to sign the receipt referred to above.
264. Statement of address for returning document produced by stranger and time and manner of returning – (1) A private person, not a party to the suit, producing a document in Cour t in compliance with a summons, should be required to state in writing the address to which the document is to be returned, if not returned to him personally. If it is desired that the document should be returned to a pleader, a Vakalatnama shall be filed along with the document.
(2) Where the document is not tendered or admitted in evidence, it shall be returned at once to the person producing it either personally or by registered post.
(3) Where the document is admitted in evidence, a certified copy thereof shall be prepared and placed on record, if not already there. The original shall then be returned to the person producing it personally or by registered post, or his pleader” If the genuiness of the document is in controversy, the original shall, unless the Court otherwise directs” be returned after the trial concluded or clases where an appeal lies, after sufficient time has been allowed for appealing or, if an appeal is preferred after the determination thereof. The word ‘appeal’ includes a second appeal where a second appeal lies.
(4) (a) In the case of voluminous documents, such as account books or collection of Zamindary papers, which cannot conveniently be returned by registered post, the person producing them shall, if they are not returned to him at once, be informed in due course by registered letter that he is at liberty to take them back, and that his reasonable travelling expenses will be furnished.
(b) This procedure shall also be adopted when the person producing the document states in writing at the time of production that the document is of value to him and that he will take it back personally.
(5) In case where the person producing a document has any pleader or mukhtar authorised to take back document on his behalf the document may be returned under the foregoing rules to such pleader or mukhtar, unless at the time of production the person producing it states in writing that it should be returned to him personally or by registered post.
(6)(a) Before a document such as is referred to in Sub-rule (1) is called for at the instance of a party to the suit such party shall deposit a sum sufficient to meet such expenses as likely to be incurred, including the cost of returning the document by registered post, the cost of preparing cert ified copy under Sub-rule (3) and in cases under Sub-rule (4) the travelling expenses both ways of the person producing the document.
(b) In cases under Sub-rule (4) the travelling expenses shall be transmitted to the person producing the document along with the registered letter therein referred to.
265. Time for return of exhibits – A period of one year from the date of the decree should ordinarily elapse before the documents exhibited in a case except in cases which are disposed of ex parte ar e returned to the party who produced them.
II. Inspection of Records
266. Permission for inspection of records deposited in the record room – No record deposited in the record room shall be inspected without the permission of the Presiding Of f icer of the Court to whose file it appertains:
Provided that at the headquarter stations, the permission of the Registrar, Civil and Sessions Courts, shall be sufficient for the purpose.
267. Conditions for inspection of records at outlaying stations- The Presiding Of f icer at the out laying stat ions may in presence and control of his Sheristadar allow inspection of any such record to public of f icers and pleaders in the case subject to the general conditions laid down for inspection of records in the Record Room.
Note 1 – Permission of the Presiding Of f icer may be obtained on a wr i tten application in Form (M) 41 which will be supplied f ree of cost.
Note 2 -The Presiding Of f icer may, in his discret ion, permit the pleader concerned to inspect in open Court the record of a pending case f ixed for the day without any application in Form No. (M) 41.
CHAPTER – III
THE TRANSMISSION OF RECORDS TO THE DISTRICT RECORD ROOM
268. Time of consignment of disposal to the district record room – The records of decided, contested and uncontested suits and cases of Classes I, II, III and other than those referred to in the preceding Rule 237 and the records of miscellaneous non-judicial cases and of cases belonging to Class IV shall be forwarded to the District Record Room by Judicial Off icers at headquarters in the course of the second month and by Judicial Of f icers at out stations in the course of the fourth month next succeding that in which they are decided or disposed of.
Note 1 – For the purpose of this rule in which preliminary decrees are made should be regarded as f inal ly disposed of only when the final decree has been passed but when in suits for partition the f inal decree cannot be drawn up owing to the fai lure of the par ty concerned, to pay stamp duty of the requisite value, the record shall be forwarded to the District Record Room by the Cour t
at headquar ters on the expi ry of six months and by the Courts at out stations on the expi ry of one year af ter the date on which final decree was passed.
Note 2 – In suits relating to mortgage, if no f inal decree is passed, the record shall be retained in the Trial Court for three years from the date f ixed for the payment of the sum declared in the preliminary decree to be due.
Note 3 – Where the decree directs a part ition or under XX, Rule 12 of the Code of Civil Procedure, an enquiry as to rent or mesne prof its and no f inal decree is passed, the record shall be retained in the Trial Cour t for three years f rom the date of the preliminary decree.
Note 4 – A register showing the number of suits in which preliminary decree have passed but which are pending for final decree (namely, suits for partition, taking of accounts, ascertainment of mesne prof it, etc.) shall be maintained in Form No. (R) 1-B.
269. Dates of consignment of records to the district record room to be f ixed by the District Judge – The Dist r ict Judge shall f ix the dates on which in the course of the month the records f rom each Court at headquarters and out stations, respectively, shall be despatched to the District Record Room, the dates being so arranged as to secure an even distribution of work in the record room.
Note 1 – The orders passed by the Dist rict Judge under this rule f ixing the date for the transmission of records shall be copied and posted to the record room and the of f ices of the Court to which they relate.
Note 2- A list in Form No. (R) 20-A should be kept posted each year in the record room showing clearly for each Court the dates on which the records are due for deposit and the dates on which they are actually received .
Note 3 – If the date fixed by the District Judge falls on holidays ,consignment should be made on the succeeding working day.
270. Lists in duplicate of records of each class of records consigned to District Record Room – (a) A separate list in Form No. (R) 20 written in English shall accompany the records of each class. These lists should be of uniform size to enable their being bound up in separate annual volumes f or each class of records of the same Court so as to const itute a catalogue of records in the record room to be preserved for the same period as the records to which they relate.
(b) The list required by this rule shall be prepared in duplicate and shall contain an enquiry of every suit or other than those referred to in the preceding Rule 237 disposed of during the period. The duplicate ‘ copy shall be forwarded to the District Judge under a separate cover and will be returned to the issuing Court duly signed by the record keeper who shall acknowledge that the records have been received. The duplicate copies shall be preserved for three years unless the period is extended by the District Judge.
Note -Zanet ic, that is, true carbon paper should be used in making duplicate copies if a typewr iter is not available.
(c) If any record included in the list is kept back for any reason the fact should be noted in the remarks column clearly distinguishing between those kept back though due for despatch and those referred to in Notes 1- 3 to Rule 268 which though entered in the list are not due for despatch. The “kept back” records of both classes should be entered also in a separate list to accompany the despatch list.
271. Separate list of certain disposed of records – The records of cases referred to in Rule 237 shall be entered in a separate list and kept in the respect ive Courts to which they belong and will be destroyed af ter one year from the final disposal unless there has been an order for restoration to file. When such destruct ion takes place the fact be noted in such list and in the Court’s Register against the ent ry for the particular case. The list referred to above shall be preserved for three years.
272. Triangular punching each Court-fee label – When preparing the list in Form No (R) 20] referred to in the preceding rule, a second hole shall be punched with a triangular punch, on each Court-fee label distinct from the f irst in the records mentioned in the said rule, and a note shall at the same time be made upon the t itle page of each record of the date on which the stamps on documents contained in it have been so punched.
Note – Before signing the order to destruction of such records, the Presiding Of f icer shall satisfy himself that Court-fee labels have been repunched with a triangular punch.
273. Consignment of permanent registers to the District Record Room – All registers which have to be permanent ly preserved shall af ter 12 years from the date of the last ent ry therein, be sent to the District Record Room with a list in Form (R) 21.
Note – Permanent Account Register need not be consigned but kept by the Accountant.
CHAPTER – V
District Record Room
I. Record Room arrangement and the general duties of the Record-keeper
274. Record Room and Record-keeper – “The Record Room” is a room set apart for the storage of decided cases and the “Record Keeper” is the ministerial of f icer in immediate charge of such records.
275. Combined Entrance and exit, and placing of record keeper’s table – It is desirable and whenever possible it should be arranged, that each record room shall have only one combined entrance and exit, and that the record-keeper ‘s table be so placed that no one can enter or pass papers out the Records Room unseen by him.
Note – Repunching peons should work near the record-keeper’s table.
276. Iron gratings and wire netting of windows, doors and openings -All the windows, doors or openings in the walls of the record room, and all inner and outer windows, doors or openings giving access from the record room to any off ice or verandah which is not part of the record room shall be protected by iron gratings and wire neeting in such manner as to render it impossible that papers should be passed through them, and the record keeper shall by periodical inspection, satisfy himself that the railings and netting are in good order.
277. Guard file of instructions by Government for protection of buildings and records – The record-keeper must obtain and keep in his guard file a copy of the instructions issued by Government for the protection of buildings and records against fire, and he will be held responsible for ensuring that these instructions are carefully observed.
278. Distribution of work among the clerks – The distribution of work among the clerks should so far as possible be arranged on the basis of the various Courts in the district, each clerk dealing with the records of the Court or Courts of which he is in charge and all mat ters connected with them.
279. Submission of fortnightly progress report by record-keeper – The record-keeper shall submit to the Registrar, Civil and Sessions Court a fortnight ly progress report in Form No. (M.) 30 .
280. Hanging up plan and index of record room – A plan and index of the record room shall be prepared by the record- keeper on the lines of the specimen plan and form of index reproduced as Appendix C, and as Form No. (M) 31, respectively in Volume II, and should be hung up in a conspicuous place in his office. The plan should indicate the position and serial number of the several racks and almirahs in each room and the entrance to, and number of each room. It should also include an end section of the racks, showing the serial number of the several shelves in each. The information required for the “Index” should be set out below the plan by Courts.
281.Plan and index to be corrected and kept up-to date- The plan and index must be kept up – to –date, and should be corrected yearly after the periodical destruction of records has been carried out.
282.Numbering rooms, racks and shelves – The rooms, racks and shelves in the record room should be numbered conspicuously. The rack number should be fixed at the end of each rack nearest to the passage way, and at a height where it can be easily read; the letters A and B should be marked to denote the left and right hand shelves of the rack.
283.Hanging up index – board – An index –board, typed or printed in foolscape size in Form No. (M) 32, should be hung up in a conspicuous place at the end of each rack.
284. Marking almirah and shelves therein – Every almirah in the record room should be clearly marked outside with a letter or figure and the shelves therein should be numbered. A list in English showing its contents should be kept in each almirah.
285. Guard file of inspection notes – The record-keeper shall keep in a guard file all inspection notes (or copies thereof) made by the District Judge or by any other officer on inspecting the record room, and shall note on the margin of such notes the action taken upon them.
286. Arrangement of registers not in current use – Registers not in current use and kept in the record room, should be arranged on shelves vertically and should be labelled on the back of the volume.
II. Receipts of records in the District Record Room
287. Duty of record-keeper on receipt of records – On the arrival of a batch of records in the District Record Room, the record-keeper shall see
(a) that each record is stamped with a rubber stamp, bearing the words “District Judge’s Record Room”, the name of the district and date;
(b)that the records correspond in number and description with the entries in the dispatch lists;
(c) that a second hole is punched wi th a t r iangular punch on each Cour t – fee label dist inct f rom the f i rst , and a note is at the same time made upon the t itle page of each record of the date on which the stamp on documents contained in it have been so punched;
(d) that the classi f icat ion and arrangement under Chapters I and II of this Part have been carr ied out, that the contents of each f i le cor respond with the table of contents, that the paper bear the Cour t – fee stamps shown in such table; that the stamps have been duly cancelled and that the papers requiring Cour t – fee stamps have been proper ly stamped;
(e) that all records kept back in the Trial Cour t af ter the due date for despatch under Rule 270 (c), Chapter III, Part IN are entered in Register (R) 19 so that they may be dealt with under Rule 316 post.
Note -The second or triangular punching of Court-fee stamps prescribed in this rule should be made on the day the records are received in the District Record Room and should not await the inspect ion or examinat ion of records.
288.Report of record-keeper suspecting tampering, deficiency and irregularity in cancellation of stamps – If in the course of carrying out the dut ies enumerated in these rules, the record-keeper f inds that any stamp shows signs of having been tampered with or discovers any deficiency, irregularity in cancellation or other circumstances, exciting suspicion, he must at once submit a report to the Judge in-charge of the record room.
Note – The repor ts should be submitted separately on each record and should not be delayed until the examinat ion of a complete batch of records is concluded. In the absence of such circumstances, a consolidated defect report should be sent 1[in Form No. (M) 33 along with the connected records to the concerned Cour t and the same be returned back to the Record Room wi thout one month f rom the date of receipt.
289. Noting by record-keeper in the despatch list -The record-keeper shall enter the date of the receipt of the records, the date on which they were actually due and the number of records received, in the space provided in the despatch list. If there is material delay in despatching the records, the fact should be brought to the notice of the Judge-incharge.
290. Filing of disposal of reports or explanations – Reports under Rule 288 and 289, if forwarded under the orders of District Judge for explanation to the Court concerned should be submitted to the Judge-incharge on return and when f inally disposed of should be filed by the record-keeper in chronological order and in separate f ile for each Court.
III. Arrangement of records in the record room
291. Arrangement of records – The records in the District Judge’s records room should be arranged by Courts, different racks being allotted for the records of each Court, whenever the number and disposition of racks permit of this arrangement .
292. Manner of bundling records – The records of each Court for each year should be made into bundles, each bundles containing records of only one of the classes referred to in Rules 221-225, Chapter I of this Part, according to their dates of disposal shown on the title pages.
Note 1- The date of final decree is the date of disposal in cases in which final decree has been passed.
293. Arrangement for removal of bundles of records – The bundles will be arranged on the Tacks, class by class, and in each class year by year in sequence. As the time for destruct ion of records of Classes, II, III and IV (other than those comprising files) of a particular year arrives, the bundle or bundles for what year will be removed from the rack or section of a rack which they occupy and the rack will then become available for the records of the incoming year.
294. Numbering bundles of records – If the records of a single Court for one year cannot be contained in one bundle, the bundles should be serially numbered so as to show the total number of bundles for that year. Thus, if there are three bundles, they should be numbered 1-3, 2-3 and 3-3, respectively. The bundle numbers should be shown in Column 7 of the bound lists and should be altered as the bundles are amalgamated on dest ruct ion of records.
295. Size of bundle of records – The bundle shall be of foolscap size. To the back and f ront of each bundle a flat-board or a piece of stout mill board of the same width as the record, should be tied. Each bundle should be of suf f icient depth to occupy fully the depth of the shelf.
296. Manner of exhibiting each bundle of record – Against each bundle will be exhibited a label in Form No. (M) 34 showing in bold f igures the dates on which dif ferent files therein contained are liable for destruction. Those labels should be of a uniform size and should have paste-board backs.
297. Re-arrangement of bundles of records – As the bundles decrease in size, owing to the removal or destruct ion of records, the record-keeper will re-arrange the bundles so as to f ill up the depth of the shelf on which they stand, and should re-wr ite, if necessary, the index referred to in the previous rule.
298. Manner of hanging index board in shelf or rack – A wooden board, or t in-sheet index 8-13, setting out in English, the Court, and the class of records kept on each shelf of the record rack should be so hung on the shelf that it can be removed when the position of the records is for any reason altered.
IV. Custody, removal and transmission of records and of documents contained therein
299. Non-retention of record not entered in register – No record should be retained in a District Record Room which does not find an entry in one of the prescribed Record Room registers.
300. When record shall be removed from the Record Room -No record deposited in the record room shall be removed or allowed to be removed by the Record-keeper except for the use of the of f icers of the Court or with the sanction of the judge-in-charge of the record room.
301. Stating circumstances for producing records when calling for the same except by superior Judicial authority or Civil Court -When a record is called for, except by Super ior Judicial Author ity or by a Civil Cour t acting under Order XIII , Rule 10 of the Code of Civil Procedure, the Court or of f icer calling for it shall state the circumstances which render its production necessary. The Judge may decline to forward it if in his opinion no suf f icient grounds are shown. It is improper and inconvenient that records of the Courts of Justice should sent to other public officers or
functionaries. If a reference to their contents is requiresd, the proper procedure is ordinarily to obtain copies of the requisite papers.
Note -Civil Judges in every grade should exercise a careful discretion in acting under the provisions of Order XIII, Rule 10, Code of Civil Procedure.
302. Requisitions of Courts subordinate to High Court other than High Court, Orissa whom to be complied – No requisition made under the provisions of Order XIII, Rule 10 of the Code of Civil Procedure, by a Court subordinate to any of the High Court other than High Court , Orissa f or production of the record of a case appertaining to and in the custody of a Cour t subordinate to the High Court, Or issa should be complied with unless such requisition is transmitted through the High Court of Orissa and is accompanied by copy of the affidavit referred to in the rule above quoted together with a duly cert if ied translation into English, if such af f idavit be in the vernacular.
Note – The above procedure will apply when a Civil Court subordinate to the High Cour t of Or issa calls for a record apper taining to and in the custody of any other High Cour ts or Cour t subordinate thereto.
303. Complying with requisitions of Criminal Courts – When in the course of proceedings in a Criminal Court, it becomes necessary to refer to the contents of records deposited in another Court, the ordinary procedure is to require copies of the necessary papers to be filed.
304. Manner of complying with requisitions – All requisitions for documents or records, other than those received f rom the copying department shall on receipt be entered by the record-keeper (or by a clerk under the record keeper ‘s personal direction) in a Register in Form No. (R) 18, and then handed for compliance to the c ler k in charge of the required document or record. The latter shall immediately enter the application in a Register in Form No. (R) 19, and bring the required document or record to the record-keeper, who shall then despatch it to the requiring. Court after noting compliance in Column 4 of Register (R) 18. When a requisition is so defective that the record room staf f cannot comply with it, it shall be returned to the requiring Court or officer and the record-keeper shall note the return in Column 4 of Register (R) 18. In record rooms where the records have been divided into several separate charges for administrative convenience, each clerk in charge of a separate batch of records shall maintain a copy of Register (R) 19 in respect of the records in his charge. On the return of the documents or records, he shall note in this Register the date of such return. Note 1- Appeal intimations for submission of lower Court records for reference in appeal or revision shall be treated as requisitions and entered in Register (R) 19 concerned.
Note 2 -A separate requisition shall be sent for every record or for any number of documents out of the same record called for by any Court.
Note 3 – A memorandum of removal with the date should also be made in the remarks columsn of the despatch list against the entry relating to a record removed.
Note 4 – Requisitions for records should at the time of registration under this rule, be stamped with a date stamp and numbered serially.
Note 5 – All actions necessary, to comply with a requsition for a record including the preparation of the let ters to accompany the record and advising the despatch in Form Nos. (M) 3 and (M) 2, and packing and despatch of the record, shall be taken by the record-keeper or a clerk in his of f ice deputed for the purpose.
Note 6- All requisitions for records should be dispatched without delay.
Note 7 – Such records on receipt should be forthwith placed and carefully kept with the records of the cases in connection with which they have been requisitioned.
Note 8 – Af ter disposal of the cases in question such records must be returned to the record room at the latest at the time of the next periodical despatch of records.
At the time of each periodical despatch of records a cert if icate under the signature of the Court and counter signed by the Sheristadar, to the effect that all outstanding records, called for reference in cases disposed of up-to-date have been returned and records retained or kept back under the notes to preceding Rule 268 or Rule 270 (c) and which have subsequent ly become due for despatch or which are no longer required have been despatched, shall be forwarded with the record despatched.
Note 9 – Requisitions received and issued for records and replies thereto shall be treated as correspondence and shall be entered in Registers (R) 19-A or (R) 19-B, as the case may be, to be kept by or under the supervision of the Sher istadar of the Cour t .
305. Entire record not to be removed to the Copying Department- In complying with a requisit ion for copies of papers contained in a record the record-keeper should not permit the entire record to be removed to the Copying Department but only such documents as are specified in the application unless the documents specified in the application const itute the entire record. Al l such requisitions shall on receipt in the record room be entered by the record-keeper or a clerk receipt in the record room be entered by the record-keeper or a clerk to be specially deputed for the
purpose in Register No. (R) 17.
Note 1 – Applications for information should be noted in this register in red ink.
Note 2 – Clerk of the record room establishment should bring to the notice of the record-keeper any delay on the part of Copying Department in returning documents to the record-room and the record-keeper should take such steps as will secure their return.
306. Time for preservation and manner of disposal of application for return of documents –
(a) Application for the return of documents f rom records in the District Record Room shall be made in Form No. (M) 42 to the Judge- incharge of the record room during the time to be fixed by the District Judge. The Judge-in-charge will initial the printed order “Return if no objection” and transmit the applications to the record-keeper immediately on the expi ry of the time so f ixed. The record-keeper or a clerk deputed specially for the purpose shall then enter the applications in register in Form No. (R) 22.
(b) If the application has been made by the proper person and there is no object ion to its being allowed, the record-keeper or any other clerk specially deputed for the purpose shall return the documents ordinarily on the next open day of the Court under the supervision of the Judge-incharge or any other Gazetted Of f icer specially appointed by the Dist rict – Judge for the purpose, during the time to be f ixed by the District Judge. The dated signature of the person to whom the document is returned shall be obtained on the application in acknowledgement of the receipt of the document as well as in Column 8 of the register. The application when complied with shall be attached to the file containing the documents. If the applicant does not appear to take back the document within three days f rom the date of filing the application, his application shall be rejected.
(c) If the application has not been f iled by the proper person, or is defective in respect of material particulars and the information furnished is not suff icient to enable the document to be traced by any other means or there is any objection to the return of the document, the application with a report of the defects noted on it shall be submitted ordinarily on the next open day of the Court to the Judge-in-charge who on perusing the report will pass appropriate orders. Such applications as cannot be complied with for any of the reasons mentioned above shall be returned to the applicant by the record-keeper in the presence of the Judge-incharge during the time to be fixed by the District Judge to be refiled af ter removing the defects. If the application is ref iled it shall be entered in red ink in Column 2 of the register in Form No. (R) 22 under its original serial number. Informat ion required to cure defects in the application may be supplied without a separate application in accordance with Rule 380, if a searching fee is paid on the application and the application for the return of documents in that case may not be returned for being refiled.
(d) If the record is not in the District Record Room and the Court to which the record relates is at Sardar, the record-keeper should send the application at once to that Court and inform the party accordingly. If the Court is in an out laying stat ion, a note should be made by the recordkeeper to the effect that the record in question is not in the record room and the party should be directed to file an applicat ion in the said Court.
Note 1 – Such application for the return of documents other than voluminous documents relating to records of outlaying Courts may be made to such outlying Court with a transmission fee of Re. 1 in Cour t-fee stamp affixed thereto. Such outlying Court shall forward the same to the Judge-incharge of Dist rict Record Room for necessary orders and transmission of documents by registered post. The Judge-in-charge, if he considers that the nature and importance of the documents require that they should be delivered personally may disallow the prayer and insist on an application
being made direct to him. On receipt of the document from the record room, the outlying Court shall return the same to the party concerned, af ter realising the excess transmission costs, if any. The applications shall be sent back to the record room along with monthly consignment of records for being attached to the file,containing the documents.
Note 2 – The rejected applications shall be collected in monthly bundles in chronological order and preserved for three months.
307. Presenting removal slip for removing record or document from record-room – Whenever a record or a document from a record is removed from the record room there shall be inserted in its place of removal slip in Form (M) 36 in which a full description of the record or document and the purpose and the date will be entered. Such slip shall be intialled by the Record Keeper. Where, however, a document or record is removed in compliance with a requisition from any Court such requisition shall be used as a removal slip. When a record is removed for any purpose which would have the ef fect of t ransfer ring it to some other collection in the Record Room by reason of an alteration in the date of disposal for purposes of destruct ion (e.g. in connect ion -with appeal, remand, pet itions or rehearing, restoration, review, etc. respecting the same case) no such removal slip will be necessary.
308. If the record removed is to be sent to another Court the word “Removed” shall be stamped on its t it le page in bold type.
309. The records of cases called for by the High Court on appeal f rom the judgment and orders passed thereon should be despatched within seven days f rom receipt of the requisition. In the event of any delay occurring in their despatch, a reply should be sent explaining the case of delay, and the probable date of their despatch.
Note – Whenever voluminous documents such as account books, Khata and counter foi l receipt books, etc. are sent to the High Court in connection with an appeal or reference, care should be taken to see that the instructions contained in Clause (a) of Rule 254, Chapter II of this Par t have been complied with.
310. Al l papers of execution cases to be sent up in appeal to the High Court – Records of execut ion cases set up in appeal to the High Court should invariably be accompanied by all the papers connected wi th them in the Lower Courts, whether original or appellate.
311. Procedure of transmitting records from one Court to another – The following instruct ions should be observed in transmitting records from one Court to another :
(a) If the two Courts are situated in the same station, the record should be despatched by hand, properly packed with a peon book, in which a serial number and date should be entered, and the signature of the recipient should be taken. The serial number and date appearing in the peon-book should be reproduced in the remarks columns of the register of records removed. If the requisit ioning Cour t is situated in a di f ferent station, records should ordinarily be sent by parcel post, the postage being paid by means of service stamps. But if the transmitting Court, whether Civil, Criminal or Revenue, thinks fit, the record may be sent through a special messenger, in which case, on intimation thereof being given (and such intimation should be given forthwith) the cost of sending the special messenger including his pay and t ravelling allowance, if any, shall be realised in advance by the requisitioning Court from the party calling for the record and shall be paid  under an order of the requisitioning Court. Civil Courts should ordinarily refrain from issuing summons for production of record through a clerk or special messenger leaving it to the transmitting Court to decide by what method the record shall be sent.
(b) Records relating to dif ferent cases may, if not inconvenient be packed in the same parcel provided such records are separately tied up.
(c ) In the parcel containing a record should be enclosed a forwarding letter, and the cover of the parcel should bear the distinguishing number and date of the letter.
(d) A letter of advice should be forwarded simultaneously with dispatch of the parcel by post but separately and by ordinary letter post and in it the number and date of the forwarding letter referred to in the preceding clause should be quoted.
(e) An acknowledgment should invariably be required from the Court to which a parcel containing a record has been sent and in the event of none being received within a reasonable time enquiry should be made to ascertain the cause.
Note -1All letters advising the dispatch of civil records to the High Court and parcel containing such records as also all returns of Civil process issued by the High Court should be addressed to the Deputy Registrar of the High Court.
Note -2-The procedure in Clause (a) of this rule is to be followed also where the District Judge sends of r a record from his own record room.
312. Procedure when record is received back in the record-room- When a record is received back in the record-room, the following procedure should be fol lowed :
(a) The record should be carefully examined by the record-keeper to see that it is complete and in order. If the record-keeper notices that any document is missing or that the record disclose any other defect, he should at once report the matter to the judge- in-charge who should if necessary draw the attention of the District Judge.
(b) An entry should be made in Col. 8 of the Register of Records removed and initialled by the Muharrir making it.
(c ) The entry in the despatch list should be cancelled.
(d) The removal slip should be removed from the bundle, the ent ry upon it cancelled and the record restored to its place.
(e) If the record is not restored to its original bundle for any reason, a note should be made in the despatch list that it is kept with record No. ……… of the …. ….. Court.
(f) An acknowledgment in the prescribed form is to be sent.
Note – The above procedure as far as applicable, is to be followed when documents sent to the Copying Department are received back. The ent ry referred to in Clause (b) is to be made In the appropr iate Register (Form R. 17).
313. Keeping original records with the appeal records – When an original record which has been called for in appeal is received back in the record room, together with the judgment and other papers relating to the disposal of the appeal in the Appel late Court, the original and – the appellate records should be kept together. These records should be arranged according to the date of the appellate judgment .
314. Depositing appeal records in the record room of the district in which appeal had been instituted – The record of an appeal transferred to another distr ict f o r hearing shall af ter disposal of the appeal be deposited in the record room of the dist r ict in which the appeal had been inst ituted.
Note – The Court hearing the appeal will send the record to dist r ict of its origin af ter the expiry of the period of appeal to the High Court. If there is such an appeal the record will be sent af ter it is received back f rom the High Court.
315. Manner of keeping record received back from the High Court af ter appeal – Original records received back f rom the High Court together with the High Cour t ‘s judgment on appeal should be arranged and indexed “High Court Appeals”. These records should be arranged according to the date of the High Cour t ‘s final judgment . A note should also be made against the var ious entries relating to the records in the remarks, column of the despatch list; showing where the respective records may be found and giving the date of the f inal judgment of the High Court.
316. Duty of record-keeper regarding return of records and dispatch of kept – back records – It is the duty of the record-keeper to see that the record sent out are returned and that records kept back though mentioned in the list are dispatched without undue delay. With this object he shall cause the serial number with full par ticulars of records not returned or kept back af ter the due date of dispatch to be brought forward and entered in red ink in the register of records removed before any entries are made relating to a new year. He should also cause to be prepared from this register a Reminder list consist ing of entr ies of all records which have been out of or kept back f rom the Record-Room af ter thei r due date for more than three months. On the return of receipt of any such record the entry relating to it prescribed by this rule should be st ruck out, and in the case of a record kept back the ent ries in the remarks column of the dispatch list and in the
separate list prescribed by preceding Rule 270 (c) should also cancelled. If the record is not restored to its original bundle for any reason, a note should be made in the dispatch list that it is kept with record number . . … … of .. .. .. . .. the Court.
Note – In the case of records refer red to in Notes 1, 2 and 3 of the preceding Rule 268 this rule comes into operat ion only af ter the expi ry of the periods ment ioned therein.
317. Issue of reminders by record-keeper – From time to time reminders should be issued by the record-keeper in respect of such records and if they do not result in the return of the record, he should take the orders of the Judge-in-charge.
Note – A note of all reminders should be made in the Reminder list and in the remarks column of the Register of Records removed.
318. Issue of reminders to the High Court – Reminders relating to records sent to the High Court should not be issued in the f irst instance until the expiry of 12 months and thereaf ter at invervals of not less than six or more than twelve months.
319. Rules for complying with requisitions for record in pending cases – The above rules so far as they are applicable shall be followed in sending and in complying with requisitions for records in pending cases.
V. Inspection of records
320. Inspection of records by public officers for public purpose-The record-rooms of Civil Courts are not open to the public, but public officers of the district including Sheristadars, may, with the permission of the Judgein- charge, be allowed to enter the record room to examine the record of any specified case free of charge; provided that entry is made in pursuance of a public purpose.
321. Procedure for inspection of records by pleaders – On a written application in Form No. (M) 41 with the prescribed fee af f ixed to it, pleaders, duly authorised by any peson in that behalf, may, under similar conditions, at a place to be provided for the purpose in the Registrar’s office, examine any specified record but in doing so, shall make only brief notes (to be written in pencil on slips to be provided by the Registrar). If any extract from the record is required, it shall be obtained through the Copying Department in the usual way. At the headquarters stations all applications for inspection should be filed before the Registrar, Civil and Sessions Courts and the same will be sent to the offices concerned through the Despatch Register. The offices concerned should send the required records along with the applications to the Registrar after making entries in Columns 1 to 5 of the Register in Form No. (R) 23. After the records have been inspected, the endorsements relating to such inspections should be made on the applications by the Inspecting Lawyers and the applications along with the records should then  be returned to the record room or to the officers concerned, as the case may be. In cases where the application for inspection is rejected, the word “Rejected” with date of rejection below it should be entered in Column 6. In other cases only the date on which the inspection is actually done should be entered. Applications for inspection of records shall be kept pending for three days, during which period, the relevant records shall remain available for inspection. If the pleader does not appear to inspect the records within this period the application shall be rejected and no inspection shall be allowed on such application.
Note – A notice in the sense of this rule should be exhibited in English in the office in which records are inspected. No legal practitioner shall be allowed access to the offices appertaining thereto;
otherwise than in accordance with this rule.
322. Inspection of registers by pleaders – Pleaders duly authorized by any person in that behalf may be allowed to inspect Registers o Suits and Appeals maintained under the rules of the High Court at a time and place to be f ixed by the Presiding Of f icer or the Judge-in charge . . . .. . .. . . . . .. . .. . .. . . . . .. . . as the case may be.
Note – Applications for inspection of Register of Suits and Appeals shall be preserved till the end of the quarter and thereaf ter destroyed.
323. Days and time of inspection of records by pleaders -The inspection of records by pleaders shall be allowed only on days of which the Court is open and during such of f ice hours as Judge-in-charge may prescribe.
324. Separate table for inspection of records – For the inspection of documents or records a separate table should be set apart, which should be kept clear and be so placed as to be in full view of the Registrar. All inspections must be carried out at this table under supervision and control of the Registrar or of a clerk, deputed by him for the purpose.
VI. The destruction of records
325. Calculation of periods of preservation of files of Classes I, If and III records -. The periods of preservation of different files laid down in the preceding Rule shall be calculated as regards suits, cases or appeals of Classes I, II and III from the date of the final decree or order:- Provided that the period of preservat ion of the record of a suit or case where the decree or the order directs payment by installment shall commence from the date of last installment allowed by the Court except in the case of File C-l of such records which may be destroyed in accordance with the above rule :
Provided fur ther that the writ of delivery of possession with the Nazir’s report along with other papers kept in File B should be preserved for 25 years from the date of disposal of the Auction Purchaser’s petition for delivery of possession.
Note – Where in a suit for partition, the necessary steps for obtaining a final decree are not taken within twelve years from the date of the preliminary decree Files C and C-l of the record of the suit shall be destroyed on the expiry of that period.
326. Reckoning period of preservation of files of Class IV records- In cases of Class IV, such period shall be reckoned from the date on which the application for execution was finally disposed of by the Court executing the decree or by a Court of Appeal, whichever is the later date. For the purpose of this rule, each execution record shall be dealt with separately, irrespective of any other
application to execute the same decree or order.
327. Miscellaneous non-judicial cases and classification and preservation of records thereof – Cases arising out of applications for the refund of lapsed deposits shall be t reated as miscellaneous non-judicial cases and the records thereof shall be classed as C files and preserved for 12 years. The records of all other miscellaneous non-judicial cases shall be destroyed at the end of three years from the date of disposal.
328. Preservation and destruction of exhibits – Exhibits which can be conveniently preserved with the records of the t rials in which they have been used shall not be destroyed, but shall be kept in their proper files and shall be preserved with such files until the period for destruction of the B. C, and D Files, viz. 25, 12 and 6 years, respectively shall have arrived, when they shall be destroyed along with their files.
329. Separate preservation and destruction of bulky exhibits – Cumbrous and bulky exhibits, e.g., account books, khatas, zamindari papers and the like, which cannot be conveniently put up with the records of the trial in which they have been used but which have to be preserved separately, e.g., in almirahs, boxes and bundles, may be destroyed earlier, under the orders of the District Judge, after the expiry of the period of one year from the date of the decree in each case becoming final; and of one month-from the date of service of a final notice in Form No. (P.) 41.
Note 1-This notice should be served upon the par ties or their pleaders concerned at thei r last known address. The or iginal notice is to be attached to the file and when destruction takes place the fact should be noted on the list of exhibits.
Note 2- A register of bulky documents shall be maintained in Form No. (R) 20-C.
330. Making of entries in the bound lists and on Index Board after destruction of records – Destruction of records should be carried out quarterly and the record-keeper shall, in the f i rst month of each quarter cause the B, C and D Files which are due for destruct ion to be removed from their shelves for the purpose. As each record is destroyed, the necessary entries should be made in Column 8 of the bound lists and on the Index Board.
331. Destruction of requisition acknowledgment etc. – Requisitions acknowledgments, Reminder Lists, Removal Slips and Defect Reports for which there is no fur ther use shall be dest royed at such intervals as the Judge-in-charge may direct.
332. Destruction of papers in presence of record-keeper -The dest ruction of all papers shall be carried into ef fect burning in the presence of the record-keeper or one of his assistants. (Provisions contained in this Chapter shall be applicable to the records of the Criminal Courts for which no separate provisions have been made in the G.R. & C.O. Criminal Vol. I).
CHAPTER – V
Records of the Court of Small Causes
333. Orders and order-sheet in Small Cause Courts cases – In Small Cause Cour t cases no order-sheet is necessary, the orders – being recorded on the back of the plaint. When, however, a case
becomes contested and the hearing extends for more than one day, an order-sheet will be at tached and orders cont inued on it.
334. File of Small Cause Court record – The record shall be prefixed by a Table of Contents and shall consist of only one file including proceedings in execution taken in a Small Cause Court. Papers connected with any proceedings will be shown in the Table of Contents under a separate heading giving the number of the case : Provided that where a Small Cause Court decree has been transferred to the Court of ordinary civil jurisdiction for execution, the record should be treated and dealt with at an ordinary execut ion record of Class IV.
335. Rules applicable to Small Cause Court records – The preceding rule in Chapters II, III and IV should, as far as they may be applicable, be fol lowed in the cases of Records of Courts of Small Causes.
336. Preservation of records of suits decided by Judges of Small Cause Courts in the Trial Courts -The records of suits decided by Judges of Small Cause Courts shall remain in the Trial Cour t until the period for thei r destruction shall arrive.
337. Consignment of records of suits decided by of f icers vested with Small Cause Court Powers -The records of suits decided by officers vested with the powers of a Small Cause Court Judge shall, in the succeeding month, be deposited in the District Record Room at headquarters stations and 1[Civil Judge (Jr. Division)] or Sub-Judge’s Record Room at out lying stat ions and preserved there until such time as they are dest royed under these rules.
338. Classi fication of records sent to the record room -The records shall be divided into two groups and sent in separate bundles to the Record Room with separate lists in Form No. (R) 20, each record being prominently marked A or B in accordance with the following classi f icat ion :
Group A – Records of cases in which any one has to recover anything.
Group B – Records of cases in which no one is ent it led to recover anything, e.g., cases dismissed f or default or on satisfaction in which the decretal amount has been paid up before the arrival of record, etc.
Note- The record-keeper shall note in the lists the date of removal and return whenever a record is taken back by the Trial Court at outlying stations in connection with execut ion and other proceedings or is called for under Order XI I I , Rule 10 of the Code of Civil Procedure. The lists shall be preserved for the same period as the records to which they relate.
339. Manner of arranging records in shelves – (a) The record-keeper shall arrange the records of each Court by group and place them on the shelves in monthly bundles.
(b) The records will be kept in the bundles in order of their dates of disposal.
(c) The names of the groups will be prominent ly shown on the shelves and the space allot ted to Group A should be suf f icient for the accommodation of records for three years and that to Group B for one year.
(d) Besides Groups A and B there will be following two subsidiary groups formed out of records transferred from Group A by reason of steps taken in execution or of subsequent satisfaction .
Group A-1 – Records of cases in which execut ion has been applied for within three years either to enforce the decree or any unpaid instalment.
Group B-1 – Records of cases in which the decree has been fully satisfied. The records of these two groups will be made up into separate monthly bundles A-1 bundles will be kept on the shelves with A bundles and B-1 bundles with B bundles of the corresponding month.
(e) The t ransfer of a record from A to A-1 or B-1 Group or f rom one bundle in A-1 Group to another bundle will be affected as occasion arises, regard being had to the provisions in Clause (d) of this rule. When an execut ion is applied for there will be no di f f iculty in f inding out the proper record f rom Group A or Group A-1 as the case may be.
(f) A conspicuous note should be made of the date of disposal, and of the results of the suit and of every subsequent proceedings which lies the effect or postponing the date of destruction of the record on the outer sheet of each record.
340. Period of destruction – Records of Groups A and A-1 left over after transfer in pursuance of the above rules by reason of execution or other proceedings shall be dest royed at the end of 12 years f rom the date of decree and those belonging to Groups B and B-1 at the end of one year from their dates of disposal. Records of execution cases which remain pending even beyond the period of the date of the decree shall be destroyed after one year from the date of the disposal of the execution cases whether there has been a satisfaction or not.
341. Manner of destruction – Destruction shall be carried out quarterly. The record-keeper shall in the f i rst month of each quarter remove the bundles due for destruct ion and note number of the cases in a bound book to be kept for the purpose. He shall take the orders thereon of the Judge-in-charge and then dest roy the records making a note in the lists where necessary.
Note – Lists destroyed should also be entered in this book which is to be preserved for six years. (The rules contained in this Chapter shall apply to the records of cases t ried under summary procedure, as provided in Order 37 of the Civil Procedure Code with necessary variat ions.)
CHAPTER- VI
Rules relating to the custody of valuable moveables
342. Safe custody of valuable moveables and periodical check of those by Presiding Of f icer – All valuable moveables such as gold, silver, jewel lery etc., shall, as soon as they are produced in Court, be made over in the presence of the Presiding Of f icer to the care of Nazir who shall be responsible for their safe custody. In case of value of these articles produced in excess of the security furnished by the Nazir, they should be kept by him in an iron safe and the same should be checked by the Presiding Of f icer of the Court concerned every fortnight and an ent ry to that ef fect
being made in the remarks column of the rest of valuable moveables under the dated initial of the Checking Off icer. In case, however, it is felt absolutely necessary to deposit the same in the Treasury or Sub-Treasury, as the case may be, the Presiding Of f icer should sent the requisition to the Collector in that regard for , taking action under Rule-88 (b) at page 45 of the Orissa Treasury Code, Volume I and the action taken in this regard be entered in the remarks column of the Register of valuable moveables.
343. Written acknowledgment and production of valuable moveables by the Nazir – The Nazir shall, on receipt of the moveables filed in each suit or case, give a written acknowledgment for the same and personally produce them before the Court on the date of trial.
344. Written acknowledgment by Bench Clerk – In case the moveables are retained in Court during the course of the trial of the suit of case, the Nazir shall take a wr it ten acknowledgment f rom the Bench Clerk who shall be responsible for their safe custody so long as they remain in Court. Immediately af ter the suit or case is disposed of, the moveables shall be recommitted to the care of the Nazir : Provided that where the trial of the suit or case lasts for more than one day the Bench Clerk shall return the moveables in the evening to the Nazir on proper receipt and take them again on the next trial date.
345. Manner of production of valuable moveables in the Appellate Court – In the event of the Appellate Court requiring the production of such moveable, they shall be personally produced by the Nazir or if possible, be despatched in registered insured cover.
346. Manner of return of moveables by the Appellate Court -The Appellate Court shall cause the return of the moveable to the original Court through one of its responsible Of f icers, or in registered insured cover.
347. Register of valuable moveables – A register of valuable moveables shall be maintained in Form No. (R) 13- A .
Part – III
RULES RELATING TO INFORMATION,COPIES AND COPYING DEPARTMENT
CHAPTER – I
Information and Copies
1- General
(It should be noted that rules contained in this part are in addition to the rules contained in Part-III of G.R. & C.O, Criminal, Vol. I to be followed by the Sub- ordinate Civil and Criminal Courts in the matter of supply of information and copies to the parties. Separate forms have been prescribed for the use of both the Civil and Criminal Courts and the number of the forms referred to in the various rules contains in G.R. & C.O. Vol I, may be substituted by the relevant number of Forms prescribed for the purpose in the G.R.,& C.O Civil , Vol. II )
II. INFORMATION
348. Defects to be entered in the remarks column of the application -The defects found in the application for information should invariably be notified in the remarks column of the application which may then be returned to the applicant. If the application is so defective that the information cannot be supplied , it may be rejected.
349. Procedure to be followed when the record is not in the District Record Room :- If the record is not in the District Record Room and the Court to which the record relates is at Sadar, the record- keeper should send the application for information at once to that Court. If the Court is in an outlying station , the note should be made by the record- keeper to the effect that the record is not in the record-room.
III. COPIES
350. Rights of parties to obtain copies of records of the case- A plaintiff or a defendant who has appeared in the suits is entitled at any stage before or after decree, to obtain copies of the record of the suit including exhibits 1[except printed or lithographed maps and plans] which have been put in and finally accepted by the Court in evidence.
Note- 1- A party who has been ordered to file a written statement is not entitled to inspect or take a copy of a written statement filed by another party until he has filed his own.
Note-2- This rules does not prohibit the grant to parties at any stage of copies of documents produced along with the plaint or written statement or under Order XIII, Civil Procedure Code, in case where they do not wish to take copies themselves under the provisions of Order XI, Rule 15.
Note-3- Suits in this rule and in preceding rules include execution and miscellaneous cases.
351. Grant of copies of pleadings etc. to strangers- A stranger to the suit may after decree obtain as of course copies of plaints, written statements, affidavits and petitions filed in the suit and may for sufficient reason to be shown to the satisfaction of the Court obtain copies of any such documents before decree.
352. Grant of copies of Judgments, decrees or orders to strangers- A stranger to the suit may also obtain as of course copies of judgments, decrees or orders at any time after they have been passed or made.
353. Grant of copies of private documents to strangers- A stranger to the suit has no right to obtain copies of private documents except with the consent of the person by whom they were produced or his successor- in – interest. He may obtain copies of other documents in which he has an interest including depositions for bona fide use in the Courts, and case maps at any time after they have been proved or completed.
354. Person applying for copy to state whether he is a party to the case and if not the object for which copy is required – Every application for copy shall state whether or not the person applying is a party to the case from the record of which copy is wanted. If such person is not a party or his pleader the application shall state the object for which a copy is required.
355. Only one application for copies from the same record – Only one application is necessary when a copy is applied for any number of documents of the same record.
Note- For the purpose of this rule records called for in connection with an original case or appeal will be treated as a part of the record of such case or appeal.
356. Forwarding application for copy to the requisitioning Court-An application for copy of a paper or record transmitted to another Court in compliance with the requisition shall be forwarded to the requisitioning Court for compliance, if there is no objection to the copy being granted.
357. Periodical inspection by the Sheristadar and the Judge – in – Charge- The sheristadar and the Judge- in- charge should at the time of the periodical inspection examine, if there is any delay in making the document available for the estimate and shall submit specific report regarding the instances of such delay to the District Judge for necessary action.
358. Noting date and hour when copy will be ready – When the stamps and folios are filed, the date shall be entered in the place provided in the form for the purpose. The applicant shall at the same time, present the counterfoil of his application, which has been returned to him and a Memorandum shall be made thereon stating the date and hour when the copy will be ready. A corresponding note shall be made on the body or main portion of the form. The Head Typist or the Head Comparing Clerk where there is no post of Head Typist will at the same time take the applicant’s signature with date on the middle portion of the application below the entries as to the date of filing folios and stamps on the date when the copy will be ready for delivery. The
application shall retain the counterfoil and it shall be his duty to attend on the date fixed for the purpose of receiving the copy.
359. Duty of Comparing Clerk – The Comparing Clerk deputed by The Head Typist or the Head Comparing Clerk where there is no post of Head Typist shall take the application for copy on the same day to the proper officer with an endorsement requiring him to send the necessary document. Such officer shall immediately hand over the document with the application to the Comparing Clerk and note on the application of the fact of compliance with the requisition. The comparing clerk shall make the necessary entry in Column 6 of the Register No. (R) 17. The comparing clerk deputed to make estimates of folios and Court-fee stamps shall take with him original documents of which copies are ready and return them to the proper officer who will make necessary entries in
Column 7 or Register No. (R) 17. The comparing clerk will at the same time receive from the officer the documents for copies of which the requisite folios and stamps have been filled by the applicant.
360. Cause title in the copies of orders and documents – Full cause title should invariably be given in the copies of all order and decrees.
361. Examination of copy by Head Comparing Clerk – The Head Typist or the Head Comparing Clerk where there is no post of Head Typist should examine the copy with reference to the original to see that the amount of court-fee stamps required under the law has been realized.
Note- Every date on which extra folios are called for shall be shown after the copies are prepared in the proper space at the back of the folio.
362. Application for judgment and decree for appeal how to be dealt with – Notwithstanding anything contained in other Rules of this Chapter, where the judgment is type- written, copies of the typewritten judgment where it is practicable so to do, be made available to the parties immediately after the pronouncement of the judgment on payment , by the party applying for such copie
Note 1-The party making the application shall note in red ink on the left upper age of the Form No.(M) 40, the purpose as ‘ for Appeal’ or ‘ for Revision’ for which the copies are required.
Note 2- Application for copies of judgment and decree for the purpose of filing appeal and revision shall be entered in the Register (R ) 14 –A.
363. When the decree is not drawn up within 15 days from the date on which the judgment is pronounced the Court shall, if requested so to do by a party desirous of appealing against the decree ,certify that the decree has not been drawn up and indicated in the certificate the reasons for the delay and thereupon an appeal may be preferred against the decree without filing a copy of the decree and in such a – case the last paragraph of the judgment shall for the purposes of Rule 1 of Order 41, C.P.S. be treated as the decree.
364. So long as the decree has not been drawn up the last paragraph of the judgment shall be deemed to be the decree for the purpose of execution and the party interested shall be entitled to apply for a copy of that paragraph only without being required to apply f or a copy of the whole judgment but as soon as the decree is drawn up the last paragraph of the judgment shall cease to have the effect of the decree for the purpose of execution or for any other purpose. Provided that where an application is made for obtaining a copy of only the last paragraph of the judgment, such
copy shall indicate the names and address of all the parties to the suit
365. Copies to be prepared by copyist appointed – No one but a copyist appointed by the District Judge shall be employed in the preparation of copies.
366. Typing by English copyists and making English copies by vernacular copyist – English copies shall be typed by English copyists, provided that where there is not enough work for both an English and a Vernacular copyist, a Vernacular copyist may be employed in making copies of English documents.
367. Action to be taken against typist and copyist for delay and inaccuracy in the preparation of copies -The Judge-in-charge shall take necessary action against the typists or copyists who are responsible for the delay in preparing copies and whose work are inaccurate or in other respects unsat isfactory.
368. Submission of half-yearly statements -A half-yearly statement comprising the names of all the typists and copyists who do not maintain the target and the action, if any, taken against them, may be submitted to the High Court by the 15th of January and 15th of July each year.
369. Distribution of work among the copyists – The Head Typist or the Head Comparing Clerk where there is no post of Head Typist 1[in the outlying stations and Head Typist in the district headquarters stat ions] will make a proper distribution of work among the Copyists 1[and Typists] subject to such directions as may be given by the Judge-in-charge.
370. Precautions to be taken to protect the interest of the Government and unnecessary taxation on the parties – To protect the interest of Government, care must be taken to see that all the copies from the Court are prepared on the prescribed stamp paper, they must be writ ten or typed on any side of the sheet only and must not contain more than the authorised number of words. On the other hand, care must be taken to see that applicants are not imposed upon by the copyists or typists spreading their wr iting or typing over a larger number of sheets than is necessary . By insisting on the number of the lines in each sheet or space being uniform , Control may easily be exercised in the matter , the number of words in a few of the lines in each folio being checked.
Provided that where the facility of taking out copy by means of a photocopier machine is available and the applicant intends to avail of the benefit, the copy may be prepared on photo-copy- paper instead of being prepared on the prescribed impressed stamp papers, but adhesive stamps of the value of the required stamp papers shall be affixed to the value of the required stamp papers shall be affixed to the photo-copypapers utilized for the purpose and the same shall be defaced.
371. Quarterly inspection by Judge- in- charge – The Judge- incharge shall make a through inspection of the Copying Department once in a quarter and shall submit his report to the District Judge.
PART- IV
Fees and Costs including Rules and Orders Under the Court Fees Act
CHAPTER – I
Fees and Costs
1. Process Fees
Rules framed by High Court under Clause (1) of Section 20 of the Court Fees Act, 1870, declar ing the fees chargeable for the service and execution of process issued by the Civil Court.
372. Rate of process fees- The fees in the following tables shall be charged for service and executing the several processes against which they are respectively ranged :
Article 1- In every case in which personal or substituted service of any Process on parties to the cause is required, where not more than four persons are be served with the same documents, one fee. Where such persons are more than four in number , then the fee above mentioned and an additional fee as mentioned in the table for every such person in excess of four.
Article 2- In every case falling within columns 2 and 3 in which personal or substituted service of any process on any persons who are not parties is required where the number of such
persons is not more than four, one fee Where there are more than four such persons, then the fees above mentioned for the first four, and an additional fee as mentioned in the table for every one in excess of that number.
Article-3- Where process of attachment of property by actual seizure is issued- (a) For the seizure under the order of attachment
(b) For each man necessary to ensure safe custody of property so attached where such man is actually in procession, per diem.
Article-4 For the proclamation and publication of any order of prohibition under Order XXI,Rule 54 of the Code of Civil Procedure, irrespective of the number of such proclamations or
publications.
Article-5- For the publication by posting up of a copy or copies of the notification of any proceeding or process not specifically mentioned in any article irrespective of the number of such publications.
Article-6- For executing a decree by the arrest of the person or for executing a warrant of arrest before judgment.
Article-7- Where an order for the sale of property is issued –
(a) For proclaiming the order of sale under Order XXl, Rule 66 of Code of Civil procedure
Article -8 For service of any process not specified in any preceding articles.
Article-9- For process applied for and ordered to be executed as emergent
Note 1- (1) If for any reason any suit or case in which process issued does not exceed Rs. 1,000 in value is either instituted in or transferred to the Court of a 1[Civil Judge (Sr. Division)], the process fee chargeable shall be as in Columns 3 and 4 of the table.
(2) Where process of attachment mentioned in Article 3 is issued in a number of cases relating to the same or neighboring villages the fee (a) must be paid in each case the daily fee, (b) only for the men actually employed.
(3) The daily fee (b) is to be deposited with the cashier as peremptory receipt at the time of obtaining the process for so many days as the Court shall order not being ordinarily less than fifteen days and the number of days required for the coming and going of the officer; but where the of f icer is not to be lef t in possession, then the daily fee is to be deposited only for the time to be occupied by. the of f icer going, effect ing the attachment and returning. Where the inventory filed by the judgment creditor shows the property to be of such small value that the expense of keeping it in custody may probably exceed the value, the Court shall fix the daily fee with reference to the provisions of Order XXI, Rule 43 of the Code of Civil Procedure : Provided that, if it appears that for any reasons the number of days fixed by the Court under this note, and in respect of which fees have been paid, is likely to be-exceeded and the decree-holder desires to maintain , the
attachment, the decree-holder shall apply to the Court to fix such further number of days as may be necessary and the additional fees in respect thereof shall be deposited in advance. If such additional fees be not paid within the period originally fixed and in respect of which fees have been paid, the attachment shall cease on the expiry of that period. The Nazir will purchase a Court-fee stamp of the amount actually incurred in deputing a peon and affix it to the process under the signature of the presiding of ficer on payment of fees, The balance of deposits, if any will be available for refund to the party.
Note 2 – (1) Where a sale of immoveable property mentioned in Article 7 is set aside, under Section 47 or under Order XXI, Rule 58, or under Order XXI, Rule 92 of the Code of Civil Procedure, any poundage of other fee charged for selling the property shall, on application, be refunded. (2) The fee under Clause
(a) must be paid where the process is obtained. The percentage or poundage under Clause (b) must be paid (1) in a case where the purchaser is a person other than the decree-holder, at the time of making the application for payment of the proceeds of sale out of Court, as provided in Rule 375, and
(2) in a case where the purchaser is the decree-holder at the time of the presentat ion of his application for permission to set off the purchase money against the amount of his decree as provided in Rule 376
(3) The percentage Leviable under this article shall be calculated on multiples of Rs. 20 (i.e. poundage fee of one rupee should be levied for every Rs. 20 or part of Rs. 20 realised by the sale up to Rs.1,000 and in case of the proceeds of the sale exceeding Rs. 1,000 an additional fee of 60 paise for every Rs. 20 or part thereof should be levied.)
(4) In cases in which several properties are sold in sat isfact ion of one decree only poundage fee, calculated on the gross sale proceeds should be levied Rs. 5 per cent, being charged on the gross sale proceeds up to Rs. 1,000 and 3 per cent on such proceeds exceeds Rs. 1,000.
373. No process fee for processes issued by Government on its own motion – Notwithstanding the provisions of Rule 372 no fee shall be chargeable for serving and executing any process such as a notice, rule, summons, or warrant of arrest, which may be issued by any Court of its own motion, solely for the purpose of taking cognizance of and punishing any act done, on words spoken in contempt of its authority.
374. Time of paying process fees – The fees hereinbefore provided, except those mentioned in the next rule, shall be payable in advance at the time when the petition for service or execution is presented and shall, except shall where otherwise provided, be paid by means of stamps af f ixed to the petit ion in addition to the stamps necessary for its own validity. The parties in suits and cases relating to the Courts of 1[Civil Judge (Jr. Division)] and of Small Causes shall note the valuation on the petition to enable a proper check to be made of the process fee paid.
Note – The provisions of this rule shall also apply to appeals.
375. Application for payment of sale proceeds and payment of poundage fees by stamps – The proceeds of a sale ef fected in execution of any decree will only be paid out of Court on an application made for the purpose in writing and the poundage fee for selling the property provided in Clause (b) of Art icle 7 must be paid by stamps af f ixed to, or impressed upon, the f irst of such applications, whether it be or be not made by the person who obtained the order for sale or whether it does or does not extend to the whole of the proceeds. No fee will be chargeable upon any such
application subsequent to the first.
376. Time of payment of poundage fees by decree-holder auction purchaser – When a decree-holder happens to be the auction Purchaser his application of an order to set of f the purchaser money shall in addition to the stamp necessary for its own validity, be stamped with stamps of the value of the poundage-fee due for selling the property under Clause (b) Ar t icle 7 : Provided that, in exceptional cases, the Court may grant a shor t time not exceeding one week to the decree-holder auct ionpurchaser to obtain stamps of the value of the poundage fee from the t reasury and file the same.
377. Noting Payments of poundage fee – The Sheristadar or the Clerk concerned should note on the application for payment of sale-proceeds or on this application for an order to set off the purchase money, as the case may be, that poundage fee have been paid.
378. Time of payment of 25 per cent of the balance purchase money after deducting the decretal due and costs by decree-holder auction purchaser – Upon the hearing of such petition, the costs of
execution, including the amount of the stamps attached to the petition, shall be ascertained and shall be added to the decree and in cases in which the amount of the purchase money exceeds the amount of the decree and of such costs the decree-holder who has so purchased the property, shall pay into Court 25 per cent of the balance of the purchase-money after deducting the amount of the decree and of such costs, and shall pay the balance at the expirat ion of f if teen days in accordance with Order XXI Rule 85 of the Code of Civil Procedure.
379. Boat hire and ferry toll fees and advance payment of Government charges to the process-server – (1) In such part of the district, where the destination cannot be reached by a process-server
during the rainy season without hiring a boat or without payment of ferry toll the area and duration of the year should be declared by the District Judge for the purpose of levy of additional fees towards boat hire and ferry toll, which shall be realised from the party in the shape of Court-fee stamps, in addition to ordinary fees chargeable for the service of process as follows:
(i) Boat hire charge per day per boat Rs. 2.25
(ii) Ferry toll charge Rs. 0.18
(2) The boat hire and ferry toll charges shall be paid by the Court executing process from its special permanent advance to the process-server entrusted with the service of process.
380. Mode of payment of fees when process is to be served in jurisdiction of another Court – In cases in which the process is to be served in the jurisdiction of another Court the proper fee chargeable under Rule 372, read with Rule 379 shall be levied, in the manner above directed, on the application for the transmission of the process to that Court and a note shall be made on the process stating that this has been done. A Court which receives from another Court whether in the same state or not a process bearing a cert ificate that the proper fee has been levied shall cause it to be served without further charge: Provided that in case of any process of summons required to be served outside the State except those sent through post, the parties shall, in addition to the fees prescribed in the preceding rules, deposit into the Court the cost of the transport to the place where the process has to be executed. Such cost shall be calculated at the rate of six paise, per mile inclusive of the return journey, subject to a minimum of 25 paise and shall be deposited in the shape of Court fee stamps.
Note 1 – The fees paid in pursuance of these rules must in all proceedings be deemed and t reated as part of the necessary and proper costs of the party who pays them.
Note 2 – Processes issued by Courts in India for service by Colonial Cour t must be accompanied by a remittance suf f icient to meet the costs of service.
In Mauritius, the cost of service is Rs. 3 per person in town, and to this must be added 75 per cent per mile travelling allowance for service in the country. For processes not accompanied by an English translat ion and requiring t ranslat ion in Mauritius, an additional fee of Rs.10 should be remit ted.
II. Reduction and remission of Court-fees
381. Reduction and remission of fees – In exercise of the powers conferred by Section 35 of the Court – fees Act , 1870 (VII of 1870), as amended by the Orissa Court Fees (Amendment ) Act, 1939 (Orissa Act V of 1939), and in supersession of all previous not if icat ions on the subject, hereto fore in force any part of the State the Governor of Orissa is pleased to make in the State of Orissa the reduction and remission hereinaf ter set for th in the fees leviable under Schedules I and II to the said Act, namely: (1) to direct that when a plaint disclosing a reasonable case on the mer its
is presented to any Civil or Revenue Curt in such a form that the Presiding Judge or Officer, without summoning the defendant, rejects it not for any substantial defect but on account of an ent irely technical error inlorm only and so as to leave the plaint iff f ree to prosecute precisely the same case in another form against the same defendant or defendants, the value of the stamp on the plaint shall be refunded on presentation of an application to the Collector of the district . in which the Cour t is situated, together with a cert ificate f rom the Judge or Of f icer who rejected the plaint than it was rejected under the circumstances above described and that the value of the stamp should, in his opinion be refunded;
(2) to remit the fees chargeable on –
(a) copies of village settlement records furnished to land holders and cult ivators during the currency of or of the termination ‘of settlement operations;
(b) lists of fields extracted f rom village sett lement records for the purpose of being f iled with petitions of plaint in Sett lement Courts:
Provided that nothing in this clause shall apply to copies of judicial proceedings or to copies of village settlement records (other than lists of fields) extracted as aforesaid which may be filed in any Court or office);
(3) to direct that the fees chargeable on appeals from orders under Section 47 of the Code of Civil Procedure, 1908 (V of 1908), shall be limited to the amounts chargeable under Article 11 of
Schedule II;
(4) to remit the fees chargeable under Arts. 6, 7 and 9 of Schedule I on copies furnished by Civil or Criminal Courts or Revenue Courts or offices for the private use of persons applying for them:
Provided that nothing in this clause shall apply to copies when filed exhibited or recorded in any Court of Justice or received by any public officer:
(5) to remit the fees chargeable, under Paragraph 4 of Clause (a) and Paragraph (2) of Clause (b) of Art. 1 of Schedule II, on applications for orders for the payment of deposits in cases in which the deposit does not exceed Rs. 25 in amount; Provided that the application is made within three months of the date on which the deposit first became payable to the party making the application.
(6) to remit the fees chargeable on the following documents, namely- (a) copies of all documents furnished under the orders of any Court of Magistrate to any Government Advocate or Pleader or other persons specially empowered in that behalf for the purpose of conducting any trial or investigation on the part of the Government before any Criminal Court;
(b) copies or all documents which any such Advocate, Pleader or other person is required to take in connection with any such trial of investigation, for the use of any Court or Magistrate or may consider necessary for the purpose of advising the Government in connection with any Criminal Proceedings;
(c) copies of judgments or depositions required by officers of the Police Department in the course of their duties;
(7) to remit the fee chargeable on an application presented by any person for the return of a document filed by him, in any Court or public office;
(8) to direct that no court-fee shall be charged on an application for the repayment of a fine or any portion of a fine the refund or which has been ordered by competent authority;
(9) to remit the fees chargeable on applications for copies of documents detailed in Clauses (4) and (12) supra;
(10) to remit the fees chargeable in respect of Indian Probates, Letters of Administration or succession certificates on the share or other interest of a deceased member of a company formed under the Indian Companies Act, 1913 (VII of 1913) : Provided that the said share or interest was registered in a Branch Register in the United Kingdom under the Indian Companies (Branch Register) Act, 1900 (IV of 1900), and that such member was at the date of his decease domicial elsewhere than in India;
(11) to remit in respect of the property of (i) any person subject to military law under the Naval Discipline Act (29 of 30 vict. c. 109), the Army Act (44 and 45, Vict. c.58), the Air Force Act (7 and 8 Geo., c.51), the Indian Army Act, 1911 (VII of 1911) the Indian Ai r Force Act, 1932 (XIV of 1932) or the Indian Navy (Discipline) Act, 1934 (XXXIV of 1934) or the Naval Discipline Act (29 and 30 Vict.,c. 109) as modified by the Indian Navy (Discipline) Act, 1934 (XXXIV of 1934), who is killed while on active service or on service which is of a war-like nature or which in the opinion of the State Government involves the same risk as active or dies from wounds inflicted, accidents occurring or disease contracted while on such service, and
(11) any person in the service of the Crown, Civil or Military, who dies from wounds or injuries intentionally inflicted while in actual performance of his official duties or in consequence of these
duties-
(a) where the amount or value of the property, in respect of which the grant of Probate or Letters of Administration is made, or which is specified in the certificate under Part X of the Indian Succession Act, 1925 (XXXIX of 1925), does not exceed Rs. 50,000 the whole of the fees leviable in respect of that property;
(b) where the said amount or value exceeds Rs. 50,000 the whole of the said fees in respect of the first Rs. 50,000;
(c) where any property passes more than once in consequence of the death of any such persons – the whole of the fees leviable in the case of the second and subsequent successions;
(d) the whole of the fees leviable on applications for mutations of names in respect of the property of any such person;
(12) to declare that the proper fee to be charged upon an application to deposit in any Court rent not exceeding the sum of fifteen rupees shall be as follows ; Provided that no fee shall be remitted on an application to deposit rent in respect of which a fee is chargeable under any other law rent in respect of which a fee is chargeable under any other law.
(13) to reduce the fees chargeable in suits by Government raiyats, for the recovery of land sold for arrears of revenue, to the amount which would be chargeable if the value of the subjectmatter
were only then rent of the land payable for the year next before the date of presentation of the plaint;
(14) to remit the fees chargeable on applications, petitions and copies which are filed, exhibited or recorded in, or recorded or furnished by village Courts and plaints and complaints filed in Panchayat Courts constituted under the Madras Village Courts Act, 1889 (Madras Act I of 1889) as amended by Madras Act II of 1920, and plaints filed in Panchayat Courts;
(15) to remit the fees chargeable under Act, 1 (b) of Schedule II to the Court Fees Act, 1870 (VI of 1870) as amended by the Orissa Court Fees (Amendment) Act, 1939 in respect of applications
in writing to which the said articles, made under Sub-section (2) of Section 4 of the Agency interest and Land Transfer Act, 1917 (Madras Act I of 1917 );
(16) to remit the fees chargeable under Article 6 of the Schedule II, on security bonds executed in pursuance of orders of Courts under any Section of the Code of Civil Procedure 1908. To remit the fees chargeable under Arts. 11 and 12 of Schedule I, on the Probate of a Will or Letters of Administration or Succession Certificate granted in respect of amounts exceedings Rs. 3,000 but not exceeding Rs. 5,000 in deposit in a Government Savings Bank belonging to the estate of a deceased depositor.
III. Other fees
382. Fees for affidavits, inspection and copies – The following are the charges, (1) for affidavits and, (2) in connection with inspection, information and copies.
383 (1) In the case of document such as Jamanbandis measurement papers order sheets, accounts and others which are not written continuously like a deposition, or which are not written right across the page every endeavour should be made to write as many as 180 English words or 240 words in an Indian language on each folio.
(2) If it is found impossible to do this on each folio without distorting the form of the original document, as-many additional sheets of plain cartridge paper as may be necessary (to be provided by the-applicant for the copy) should be pasted below, or at the side of the first sheet.
(3) In consideration of the additional time and trouble involved in copying documents of the nature described above, an additional charge may be levied from the applicants according to the following scale : In all cases requiring more than three folios, one additional folio may be taken for every four folios, that is to say, one additional folio may be taken in cases requiring four to seven folios, two additionalfolios in cases requiring twelve to fifteen folios, and so on. No additional charge should be levied in cases which require from one to three folios.
384. No fee for copies required by public offices – No fees are to be required or paid for searching for or copying papers wanted by public officers for public purposes. In these cases copies are to be made on plain papers.
Note- (1) Local bodies and Managers under the Court of Wards are not to be treated as Public Officers of the purpose of this rule.
(2)Remissions and reductions of Court Fees for grant of copies ordered by the Government under Section 35 of the Court Fees Act, 1870 (VII of 1870) are detailed in rule ante.
385 Fees and charges for copies of maps and plans – In the case of maps and plans, no general rule can be laid down. In each case the charge will have to be fixed with reference to the difficulty or intricacy of work to be done. The charge will be levied by means of adhesive stamps to be affixed to the map or plan . In the case of urgent copies – the expedition fee will also be fixed by the Judge-in-charge to be paid by means of a Court fee stamp af f ixed to the application for copy.
386. Fees for examination of f inger prints – Finger prints are only sent for examination to the Finger Print Bureau at the instance of a private party on receipt of the consultation fee and the fee for three photographic enlargements of each of the f inger prints to be examined as prescribed under Rule 391 (c) (v) post. If more than three photographic enlargements of any f inger print are required, and additional charge of Rs. 5 for each additional enlargement shall be realised from the party concerned in the manner laid down in Note 4 to Rule 595.
Note – For procedure as to deposit and credi t see Rule,595 (h).
IV. Postage
387. Postage by service stamps – The Governor-General in Council has been pleased to direct that the postage charges on all processes, notices and such other documents as are issued from any Judicial or Revenue Courts, and are required to be transmitted by post, shall be paid by means of service postage stamps, without any additional charge being levied from the parties at whose instance the processes are issued.
Note – It is to be understood that processes thus issued should not be registered, the postage must be prepaid by stamp by the party concerned.
388. When postage need not be paid by parties – Postage need not be paid by the parties (1) for the transmission and retransmission of requisitions upon the District Court at the Sadar Station for the payment of money in deposit to decree-holders or other persons, (2) when transmitting copies of decree and certificate under Sees. 39 and 41 (Order XXI , Rules 4 to 6) of the Code of
Civil Procedure f rom one district to another for execution. Such documents should be forwarded with service lables no additional charge for postage being levied from the persons at whose instance they are sent.
V. Witnesses’ expenses
389 Cash deposit of witnesses’ expenses – The Civil Cour t shall not receive postage stamps in payment of the travelling and other expenses of witnesses. A par ty applying for a summons on a wi tness shall deposit for the Latter’s expenses a sum in cash, suf f icient to cover (when necessary) the transmission of the amount to another Court by Money Order.
390. Money order for witnesses’ expenses to be payable to cashier and particulars to be noted in the coupon – (a) Money order for the payment of witnesses’ expenses shall be made payable to the Cashier of the Court to which the money is remitted. The cashier will receive the money as provided in Rule 598 and will deal with it as directed in Rule 604.
(b) In the case of Money Orders the number of suit and other necessary part iculars shall be entered in the coupon which in now attached to all Money Orders.
391. Amount of witnesses’ expenses – (a) The expenses which a party applying for a summons shall be required to deposit in Cour t shall ordinar ily be (a) diet allowance, and (b) in the case of a wi tness residing at a distance f rom the Court, if the journey cannot be performed on foot or the age and habits of life of the witness render it impossible for him to walk, also his travelling allowances according to the following scale :
Explanation -The above rates are maximum. The Court may direct a reduced al lowance to be deposited or paid according to circumstances.(b) In addition to the above, the author ised charges for tolls at ferries shall be deposited by the party applying for the summons to the extent to which such charges will be incur red.
(c) Notwithstanding anything in Clauses (a) and (b) of this rule –
(i) In the case of of f icers serving under Government the word ‘expenses’ in this rule means the travelling and halting allowances admissible under the Fundamental Rules or the Orissa Travelling Al lowance Rules;
(ii) When a Government servant is summoned to give evidence of facts which have come to the knowledge, or of matters with which he has had to deal, in his public capacity, he shall, if – (1) the case is one to which Government is party, and (2) his salary exceeds Rs. 10 per mensem, be granted a certificate of attendance in Form No. (M) 19 and the sum deposited on account of his expenses shall be credited to Government;
(iii) In all other cases the expenses of the witnesses shall be paid to him by the Court and a cert ificate in the form above prescribed shall be granted to him. In order to enable the Court to assess the amount admissible to him, the Government servant shall produce a certificate duly signed by his Controlling Of f icer showing the rate of travelling and daily allowance admissible to him for a journey on tour. If the Government servant is his own Controlling Officer, the certificate required will be signed by him;
(iv) When a Government servant is summoned to give evidence at a Court situated not more than 8 kilometres from his headquarters and is not entitled to travelling allowance under the ordinary rules the Court may direct payment to him of the t ravelling expenses actually incurred;
Note -No expenses shall be deposited when a Government servant is summoned on behalf of Government. When a Government servant is summoned to give evidence at a Court which is situated not more than 8 kilometers from his headquarters, the expenses admissible under the rule shall be advanced, by Court and recouped by drawing a regular contingent bill upon the treasury;
(iv-a) When Government servants are summoned by private parties to give evidence in a Civil Court, their salaries for the period they are absent from their duties, in addition to the expenses in accordance with the above rule, must be paid by the parties summoning them. The amount paid into Court as salary should be credited to Government;
Note 1 – For procedure as to recovery and credit, see Note 4 to Rule 595 (h).
Note 2 – Salaries in this rule has the same meaning as subsistence allowance or compensation in Rule 122 of the Orissa Travelling Allowance Rules.
Note 3 – The word ‘Government ‘ in this rule means the Central Government, the State Government or a State Railway according as the Government servant is an employee of the Central Government, the State Government or a State Railway.
(v) Whenever it is considered necessary to obtain the opinion of a Finger Print Expert, the documents bearing the f inger prints shall f i rst be sent to the Superintendent of Police, Criminal Investigation Department, Crime Branch, by name for examination, in a sealed cover properly attested, together with specimen finger prints with which a comparison is desired, the specimen
being prepared by an officer accustomed to the work. In private cases a consultation fee of Rs. 30 per case and a fee at the rate of Rs. 15 for each finger print sent for examination to cover the cost of three photographic enlargements of each such f inger print shall be realised f rom the party concerned and paid into the treasury by the Court. A copy of the challan supporting the deposit shall accompany the request for examination. If subsequently a finger print expert of the Criminal Investigation Department is summoned to give evidence, a fee of Rs. 30 a day in each case shall be realised from the party concerned in addition to the expert’s salary and travelling expenses. The fee and salary (calculated at Rs. 900 per month) so realised shall be credited into t reasury by the Court and a copy of the challan shall be sent to the Superintendent of Police, Criminal Investigation Department, Crime Branch by name with the letter summoning the expert. The travelling
expenses should be made over to the expert on arrival in Court. Note 1 – For procedure as to recovery of the exper ts fee etc., see Note 4 to Rule 595 (h) post.
Note 2 – The cost of transmission and retransmission of the documents bearing the f inger prints, specimen f inger prints, etc., in the sealed cover by registered post shall be realised f rom the parties.
(vi) When it is found necessary to obtain the opinion of a private Handwriting Expert, the said expert shall be required to examine or take photographs of the documents bearing the disputed
writings in the Court in the immediate presence of the Sheristadar of the Court.
(vii) For witness following any profession, such as Medicine or law, special allowance shall be given according to circumstances.
VI. Expenses of Commission
(Order XXVI , Rule 15, Code of Civil Procedure)
392. Remuneration of commissioners -1[(1) (i) The remuneration of Commissioner besides the incidental expenses of Commissioner which the High Court consider reasonable is not intended to fet ter the Court’s discretion in any way particularly in case where superior expert knowledge is required and available.
(ii) The maximum fee per day for the Commissioner shall be Rs. 150 and the maximum period would be three days which may be increased/ enhanced by the presiding of f icer depending upon the volume of work.
(iii) It is for the respect ive Distr ict Judges to draw up a panel of survey knowing Commissioners/Amins and distribute work to them for expeditious disposal of the case. In appropriate cases at dereliction the District Judge shall use his discretion to str ike off the name of the concerned survey knowing Commissioners/Amins f rom the panel.
(2) A diary showing the work-done on each day must be kept by the Commissioner and submit ted to the Court with his report.
(3) Fees payable to the Civil Court’s Amins should be realised in cash and deposited under the head Miscellaneous Receipts [Clause (b) of Rule 595] to the credit of the Government.
(4) The cost of sending and returning the papers relating to a Commission by Registered Post should also be realised in cash from the parties.
393. Remuneration for commission to effect partition – No general rule can be laid down for commission to make partition, except in the case of Civil Court Amins who should be paid at the rate given in the next preceding rule. In other cases the Court should f ix a sum to commensurate with the difficulty and importance of the work to be done.
394. Incidental expenses of the commissioner – As a general rule, the amount to be allowed as incidental expenses should be regulated by the scale of travelling and halting allowances prescribed for of f icers of Government of the class to which the commissioner belongs; but in exceptional circumstances and if the commissioner is not a Judicial Off icer, should the Court be of opinion that his actual expenses cannot be covered by allowances calculated on this scale, it may order such fur ther sum to be paid as it thinks reasonable.
395. No remuneration to commissioners who are Judicial Officers – Commissioners who are Judicial Of f icers are not entitled to fees, nor to any further remuneration than is permissible under the Government travelling allowance rules. Nothing should therefore be demanded of the parties for the expenses of a commission issued to such an of f icer in excess of the sum so permissible. The sum paid will be credited to Government and the commissioner will recoup himself by drawing travelling allowance under the Fundamental Rules or the Orissa Travelling Allowance Rules.
Note – The above rule also applies where a Judicial Officer proceeds to make a local investigation or to examine a wi tness in a case pending before him.
396. Refusal to execute commission when sufficient cash towards remuneration and incidental expenses not deposited – Judicial Officers should bear in mind that a commissioner would be
justified in refusing to execute a commission if the party has not deposited cash suf f icient to pay his fee as well as all his necessary incidental expenses. A commissioner’s remuneration should be
paid in cash, unless he is a Judicial Of ficer or a Civil Court Amin.
397. Charging process fee and witness expenses in case of issue of commission for examination of witness to a Court – If a commission for the examination of witnesses be issued to a Court,
the expenses to be charged should include only the necessary process fees for summoning the wi tnesses, to be paid in Court-fee stamps and the usual al lowance to witnesses, for their attendance
to be paid in cash. In the event of non-attendance of wi tness or witnesses, any surplus payment should be refunded.
398. Payment of remuneration to pleader commissioner of another Court – Where a commission for examination of witnesses has been executed by a pleader of another Court the fee in respect of
the witnesses actually examined shall, on his returning the commission, be paid over to him and the surplus should be sent back together with the commission to the Court which issued it and shall be refunded to the party who paid it.
399. Timely notice to the party and report to the Court about insufficient time for execution of commission – In any case to which the sum fixed for the expenses of the commission and paid into
Court shall have been calculated with regard to the time likely to be occupied in the execution of such commission, the commissioner shall in the event of his finding that the time is insufficient, give timely notice to the Party at whose instance the commission was issued and report the fact to the Court.The sum necessary to cover the expenses for such. fur ther period as may be required to completethe execution of the commission should then be deposited in Court by the party and the commissioner unless, certified of such deposit should suspend the investigation at the close of the period originally f ixed, pending fur ther instructions of the Court. If the additional deposit required be not made within a reasonable time, the trial shall proceed.
VII.Fees of Advocate
400. Scale of Advocate’s fee – (i) The following scale of Advocate’s fee shall ordinarily be allowed to the successful party :
(a) Not exceeding Rs. 10,000 10 percent of the value of the claim in suit.
(b) Exceeding Rs. 10,000 but not exceeding Rs. 30,000 Rs. 1, 000 plus 7 ½ % of the amount exceeding Rs. 10,000
(c) Exceeding Rs. 30,000 but not exceeding Rs.50,000. Rs.2,500 plus 5% of the amount exceeding Rs. 30,000
(d) Exceeding Rs. 50,000 but not exceeding Rs. 1,00,000 Rs. 3,500 plus 3% of the amount exceeding Rs. 50,000
(e) Exceeding Rs. 1, 00, 000 Rs. 5,000 plus 2% of the amount exceeding Rs. 1, 00,000.
Provided that in no case shall the amount of fee exceed Rs. 10,000 . Provided that the minimum fee is to be allowed shall be Rs. 100 in contested cases and Rs. 507- in uncontested cases. For the purpose of this proviso, suits tried together may be regarded as one suit, unless the Court otherwise directs. In suits for partition fees should be calculated and assessed not on the jurisdictional value of the whole property but on the value of the claim decreed or dismissed : Provided further that in uncontested cases the fees shall not exceed half the fees calculated as above unless the Court otherwise directs : Provided further that in suits which are tried on the small cause side of the Court, the fees shall be 10 per cent of the total claim in contested suits and 5 per cent in uncontested suits.
Note 1 – When several defendants having a joint common interest succeed upon a joint defence or upon separate defences substantially the same, not more than one Advocate’s fee shall be allowed unless the Court otherwise directs for a reason which shall be recorded. If several defendants having separate interest set up separate and distinct defence and succeed thereon, a fee for one Advocate for each of the defendants who shall appear by a separate Advocate may be allowed in respect of his separate interest.
Note 2 – A probate case which the Court certified to have been seriously contested shall be treated as an original suit for assessment of Advocate’s or Pleader’s fee.
(ii) In appeals from original decrees or orders having force of a decree- The fees shall be 7 per cent of the valuation of the appeal subject to minimum of fee of Rs. 100 and maximum fee of Rs. 400.
(iii) In execution cases, miscellaneous proceedings and interlocutory matters and in appeals arising therefrom.
In the Court of the District or Civil Judge (Senior Division) In the Court of the Civil Judge (Junior Division )
Not less than Rs. 75 and not exceeding Rs. 500.
Not less than Rs. 50 and not exceeding Rs. 200.
Provided in uncontested execution cases, miscellaneous proceedings and interlocutory matters and appeals arising therefrom the fees for Advocates will be assessed as minimum Rs. 45 in the Court of the Civil Judge (Junior Division) and Rs. 60 in the Court of District or Civil Judge (Senior Division).
Provided further that if the Court does not expressly fix the fee in the judgment, the minimum fees should be assessed : Provided further that in execution cases the fee as specified above
shall be allowed only for the first execution case and for subsequent execution case the fee shall be at the discretion of the Court.
(iv) In miscellaneous proceedings arising out of original petitions- In the Court of a District Judge or Civil Judge (Senior Divn.) In the Court of Civil Judge (Junior Division )
3% of the valuation of the subject matter involved in the proceedings up to Rs.10,000and
2% for the excess over Rs. 10,000 subject to a minimum of Rs. 50 and maximum Rs. 500/-
Not less than Rs.20/- not exceeding Rs. 100/-
Provided that in uncontested matter the fees shall be half of the above.
Note – In cases under Part III of the Land Acquisition Act, I of 1894 the fees of the Advocate appearing on behalf of the party at whose instance the reference is made by the Collector to the Court under Section 19 of the said Act, will be calculated on the amount decreed in excess of the sum tendered by the Collector. When such proceeding is dismissed wholly or partly the Court may allow pleader’s fee to the Government in the scale laid down in Sub-rule (iv) : Provided that in uncontested cases the Court may allow Advocate’s fee at a sum ranging from Rs. 757- to half the amount of fees admissible in contested cases.
(v) In review matters – Same as in the case of Miscellaneous proceedings.
In Remand cases – If the remand is made to the trial Court, the proceedings should be considered as hearing of the suit, but the fees of the Advocates should be assessed at half rate. But if the remand is to the appellate Court and proceedings should be considered as appeal and the Advocate’s fee should be assessed as per the rate as in the case of appeals and assessed at the full rate.
(vi) The Court will have discretion in any particular case covered by Clauses (i) to (v) above to allow either more or less than the fees prescribed above for stated reason.
401. Scale of remuneration of guardians ad litem- The following table shows the scale of remuneration besides incidental expenses of guardian ad litem which the High Court consider reasonable though it is not intended to fetter the Court’s discretion in any way particularly in cases where the final hearing is prolonged to more than one day.
I. In the Court of Muncifs-
(a) In money suits under ordinary procedure and Title suits and Rent Suits where the value does not exceed Rs. 1000 Where the value exceeds Rs. 1,000
(b) In Small Cause Court suits, and Miscellaneous proceedings and execution matters
II.In the Courts of Subordinate
Judges and District Judges-
(a) In Suits tried in ordinary procedure
(b) In Small Cause Court suits and Miscellaneous proceedings and execution matters
(c) In appeals under the ordinary procedure.
The Court in all cases in fixing the remuneration of guardian ad litem shall have regard to the valuation of the subject matter of the suit or appeal in assessing the fees in between the minimum and maximum amount. Where the Court does not expressly fix the fee, the minimum fee should be assessed.
III. A pleader appointed by a Court to be a guardian ad litem shall not incur any expenses on account of travelling without the leave of the Court.]
VIII. Mukhtar’s Fees
402. Mukhtar’s and pleader’s fees – When Mukhtar is employed, 15 per cent of the sum allowed as pleader’s fee shall be allowed as such Mukhtar’s fee and the remaining 85 per cent only shall be allowed as the pleader’s fee.
IX. Fees of Revenue Agents
403. Fees for Revenue Agents – Revenue Agents should be allowed half pleader’s fees. If a pleader and Revenue Agent be retained and act on the same side in the same suit, one pleader’s fee should be allowed.
404. Cost of charges ordinarily to be allowed to successful party – In addition to the fee hereinbefore prescribed the successful party shall ordinarily be allowed to recover the following charges :
(i) The party or his agent according to the circumstances of each individual case may be allowed subsistence allowance according to the scale prescribed for witness expenses in Rule 391 ante for such days of attendance in Court as the Court may direct.
(ii) The entire costs of obtaining copies of documents (including searching fees) which are admitted to evidence shall be entered in the table of costs. Such costs shall be allowed in respect of such copies of documents only as are obtained for the purpose of the suit or application.
(iii) Copying or typing or printing charges of a plaint, memorandum of appeal and written statement, or of an application which is filed in Court and served upon the opposite party shall, in addition to the price or paper be ordinarily allowed at the following rates :
Copying  Rs. 0.10 P. each page to copy size
Typing  Rs. 0.25 P. each page of copy size
Printing Rs. 0.50 P. each page of copy size
(iv) Expenditure incurred for giving of any notice required to be given by law before the institution of the suit and on any notice though not required to be given by law has been given any party before the institution of the suit: Provided that no such cost shall be allowed unless the party giving the notice has filed in the Court a list of expenditure incurred by him supported by documents.
(v) Charges paid by a party for inspection of the records of the Court for the purpose of the suit.
(vi) Expenditure incurred by a party for the producing witnesses, whether summoned through Court or not according to the scale prescribed for payment of batta and allowance to witnesses.
(vii) In case of appeals, charges incurred by a party for obtaining any copies of judgments and decrees which are required to be filed along with the memorandum of appeal.
Note – Charges on this account would include the authentication fee paid on the copy of the judgment and decree.
CHAPTER – II
Rules and Instructions relating to Court fee stamps I. Use of adhesive and impressed stamps
405. Use of adhesive and impressed stamps – The directions issued by the Governor in Council under Section 26 of the Court Fees Act, 1870 are as follows :
(i) When, in any case, the fee chargeable under the said Act is less than Rs. 25 such fee shall be denoted by a single adhesive stamp of the domination nearest to the amount of such fee, additional adhesive stamps being employed only to make up the difference, if any, between such amount and such single stamp.
(ii) When in any case, the fee chargeable under the said Act amounts to or exceeds Rs. 25, such fee shall be denoted by a single impressed stamp or by both impressed and adhesive stamps, adhesive stamps being employed only to make up fractions of less than Rs. 25.
406. Rules regarding use of adhesive and impressed stamps- The following rules to regulate the use of adhesive and impressed stamps have been framed by Government. When, in any case, the fee chargeable under the Act is less than Rs. 25 and the amount can be denoted by a single adhesive stamp, it shall be denoted by a single adhesive stamps of the required value. If a single adhesive stamp of the required value is not available or if the amount cannot be denoted by a single adhesive stamp, a stamp of the next lower value available shall be used, and deficiency shall be made
up by the use of one more additional adhesive stamp of the next lower values which may be required to make up the exact amount of the fee. When in any case, the fee chargeable under the Act amounts to or exceeds Rs. 25 and the amount can be denoted by a single impressed stamp of the required value. If a single impressed stamp of the required value is not available, or if the amount cannot be denoted by a single impressed stamp, an impressed stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional impressed stamp of the next lower values available, which may be required to make of the exact amount of the fee in combination with adhesive stamps to make up fractions of less than Rs. 25. Any adhesive stamp so used shall be affixed to the impressed stamp of the highest value employed in denoting the fee, or to the first sheet of the document to be inscribed in such manner as not
to conceal the value of the stamp thereon. When the application for the required stamp is made to a licensed vendor of Court fee stamps and such vendor is unable to furnish a single stamp of the required value, he shall give a certificate to that effect in the form below, which must be affixed to the document and filed with it :
FORM OF CERTIFICATE
“Certified that a single stamp of the value of Rs………. required for this document is not available but that, in lieu thereof, I have furnished a stamp of the next lower value available, and made up the deficiency by the use of one or more adhesive/impressed stamps of the next lower values available required to make up the exact amount of the fee”.
“Certificates are not required in similar circumstances from official vendors, but they shall as far as practicable follow the above instructions.”
“A document stamped otherwise than in accordance with the preceeding rules is not properly stamped within the meaning of Section 28 of the Court Fees Act, 1870.”
“When two or more impressed stamps are used to make up the amount of the fee chargeable under the Court Fees Act, a portion of the subject matter shall ordinarily be written on each stamped sheet. Where this is impracticable or seriously inconvenient, the document shall be written on one or more sheets bearing impressed stamps of the highest value, and the remaining stamps shall be punched and cancelled by the Court and filed with the record, a certificate being recorded by the Court on the face of the first sheet of the document to the effect that the full Court Fee has been paid in stamps. The writing on each stamped sheet shall be attested by the signature of the person or persons executing the document.”
“When one or more impressed stamps used to denote a fee are found insufficient to admit the entire document being written on the side of the paper which bears the stamps, so much plain paper may be joined thereto as may be necessary for the complete writing of the document, and the writing on the impressed stamps and on the plain paper shall be attested by the signature of the person or persons executing the document.”
II. Cancellation of Court-fee stamps
407. Appointment of officer for cancelling stamps- Each Judicial Officer, should under Section 30 of the Court Fees Act, 1870, formally appoint an officer for the purpose of cancelling stamps and should see that the of f icer and no other is allowed to do the work.
408. Duty of the record-keeper making triangular punching in each adhesive label – The record-keeper of every Court or office shall when a case is decided and the record consigned to his custody punch a second hole with a triangular punch in each label distinct from the first, and at the same time note upon the fly-leaf tire date of his doing so. The second punching should not be removed so much of the stamp as to render it impossible or difficult to ascertain its value or nature. These directions apply only to adhesive labels used under the Court- Fees Act. Impressed stamps used for denoting Court fees need not be cancelled or punched otherwise than as required by Section 30 of the Court Fees Act.
409. Cancelling Court Fee labels by punching with round punch and making dated signature across the label and upon paper in either side – The Court or office receiving copies, certificates or other similar documents liable to stamp duty shall, on receipt cancel the labels affixed to them by punching out the figure-head with a round punch. As an additional precaution, the clerk-in-charge of the Register of Petitions and Court-Fees shall when entering the value of the Court-Fee stamps in the said Register, put his signature with date across the lable and upon the
paper on either side of it, as is frequently done by persons signing stamped receipts.
Note – Stamps aff ixed to af f idavits presented to a commissioner for the purpose of administering an oath or affirmation to the deponent shall be cancelled by punching out with a square punch, a portion of the stamp in such a manner as to remove neither the f igure-head nor the part of the stamp upon which the value is expressed.
410. Quarterly inspection for checking proper punching of stamps and improper removal of them – Each Judicial Of f icer should cause an occasional inspection to be made of documents that have been f iled in order to ascertain that the stamps have been properly punched and defaced, and have not been subsequently removed from the document on which they have been used. The inspection should be made at least once a quarter. The check herein prescribed applies equally to all papers which require adhesive labels and they should be subjected to similar scrutiny.
III. Inspection of Records by Registration of f icers
411 .Inspection of records by Registration Officers – Government having directed the Inspector -General and Inspectors of Registration to examine Record-Rooms of the various Cour ts in the mufassal in order to see how far the rules and inst ruct ions on the subject of the punching, custody and sale of stamps carried out, every assistance should be afforded by Judicial Officers to such officers in the discharge of their duty.
412. Duty of the Inspecting Registration Officer on discovery of irregularity in punching or defacing of stamps – Government having ordered that on the discovery of any irregularity in respect of punching or otherwise defacing Court Fee stamps, the Inspecting Registration Off icer shall at once bring the matter of the Presiding Of f icer of the Court, such latter of f icer should inquire into the matter at once and thus trace the person who is responsible for omission pointed out by the Inspecting Officer.